HomeMy WebLinkAboutAgenda Packet City Council - 12/11/2007CITY COUNCIL AGENDA
DECEMBER 11, 2007
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11:45 A.M. — Proclamation declaring December 13, 2007 as "Koch Pipeline Day"
Proclamation declaring December 30, 2007 as "Freddy Fender Tribute Day
Commendation: n: "Texas A&M University - Corpus Christi", Winners of the 101h Annual Texas Regional Ethics
Bowl Competition
Commendation: "Newman Chun-Wai Wang", 2007 National Collegiate Honors Council Student of the Year
"At Your Service" Award, City Staff Recognition
AGENDA
CITY OF CORPUS CHRISTI
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD ST.
CORPUS CHRISTI, TEXAS 78401
DECEMBER 11, 2007
10 :00 A.M.
PUBLIC NOTICE - THE USE OF CELLULAR IR PHONES AND SOUND ACTIVATED PAGERS ARE
PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL.
Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m. or at the end
of the Council Meeting, whichever is earlier. Please speak into the micmphone located at the podium and state your name
and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to
your subject, please present it to the City Secretary.
Si Listed desea dirigirse al Concili "o y cree qua su ingl s es limitado, habra un int rprete inglOs-espariol en todas !as juntas
del Concilio pare 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 Pastor Rodney Amos, Trinity Church of the Nazarene.
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 Tern Melody Cooper
Council Miler bers:
Larry Elizondo, Sr.
Mike Hummel'
Bill Kelly
Priscilla G. Leal
Michael McCutchon
John E. Marez
Nelda Martinez
E. MINUTES:
City Manager George K. Noe
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
1. Approval of Regular Meeting of November 20, 2007. (Attachment # 1
Agenda
Regular Council Meeting
December 11, 2007
Page 2
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment ent # 2)
2. Corpus Christi Aquifer Storage and Recovery
Conservation District
Corpus Christi Regional Economic Development
Corporation
North Padre Island Development Corporation
'
Watershore and Beach Advisory Committee
G. EXPLANATION ATIOI 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. CLTYMANAGER'S REPORT
Upcoming Items
1. CONSENT SEI T AGE L A
Notice to the Public
The following 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 been discussed at a previous meeting. All items will be acted upon by
one vote without being discussed separately unless requested by a Council
(ember or a citizen, in which event the item or items will immediately be
withdrawn for individual consideration in its normal sequence after the items
not requiring separate discussion have been acted upon. The remaining items
will be adopted by one vote.
CONSENT MOTIONS 1 S LUTI NS, ORDINANCES AND ORDINANCES
FROM PREVIOUS MEETINGS:
(At this point the Council will vote on all motions, resolutions and ordinances
not removed for individual consideration)
Agenda
Regular Council Meeting
December 11, 2007
Page 3
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary
3. Motion approving the purchase of seven heavy trucks and
lease- purchase of ten (10) heavy trucks from the following
companies for the following amounts based on low bid in
accordance with Bid Invitation No. I- 0025 -08 for a total amount
of $1,300,656. The vehicles will be used by Gas, Park
Maintenance, Street, Solid Waste, Wastewater, and Water
Departments. All seventeen units are replacements to the fleet.
Funding is available in the Capital Outlay Budget of the
Maintenance Services Fund and the respective department
operational budgets. (Attachment # 3)
Grande Truck Center
San Antonio, TX
12 Units
Bid Items: 1-3, 5-7
$881,448
Corpus Christi Freightliner
Cows Christi
5 Units
Bid Items: 8 -10
$419, 208
Grand Total: $1,300,656
4. Motion approving the purchase of two (2) vactor trucks and the
lease - purchase of one 1 refuse truck from Grande Truck
Center, of San Antonio, Texas in the amount of $708,964. The
award is based on the cooperative purchasing agreement with
the Texas Local Government Purchasing Cooperative TLGPC .
These units are replacements to the fleet and will be used by
the Storm Water, Wastewater and Solid Waste Departments.
Funding is available from the FY 2007-2008 Capital Outlay
Budget in the Maintenance Services Fund and the Operations
Budget of the Solid Waste Department. Financing for the refuse
truck will be provided through the City's lease - purchase financing
program. (Attachment # 4)
5.a. Ordinance appropriating $162,000 subject to receipt of funds
from the sale of used golf carts in the Golf Center Fund No. 4690
for procurement of 140 golf carts; changing the FY 200 7-2008
Operating l Budget adopted by Ordinance No. 027352 by
increasing estimated revenues and appropriations by $162,000
each. (Attachment # 5)
Agenda
Regular Council Meeting
December 11, 2007
Page 4
CITY COUNCIL
PFIJTY ISSUES
(Refer to legend at the end of the
agenda summary)
5.b. Motion approving the purchase of 30 golf carts from E -Z-
GofTextrorn #Southwest, of Hurst, Texas based on only bid for the
total amount of $99,960. Funding is available in the Golf Center
Fund. (Attachment ## 5)
5.c.
6.a.
Motion approving the lease purchase of 110 golf carts from E Z-
Go Textron /Southwest, of Hurst, Texas based on only bid for the
total amount of $366,520. Funding will be provided by the City's
lease purchase financing contractor. (Attachment ## 5)
Grand Total (B) (C): $466,480
Motion authorizing the City Manager or his designee to accept
grant funding in the amount of $14,999.61 from the Texas
Department of Transportation for an Impaired Driving
Mobilization Selective Traffic Enforcement Project (STEP) grant
for DWI enforcement overtime within the Police Department with
a City match of $5,957.01 and to execute all related documents.
(Attachment # 6)
6.b. Ordinance appropriating $14,999.61 from the Texas Department
of Transportation for funding of an Impaired Driving Mobilization
Selective Traffic Enforcement Project (STEP) grant for DWI
enforcement overtime within the Police Department in No. 1061
Police Grants Fund. (Attachment ## 6)
7.a.
Motion authorizing the City Manager or his designee to accept a
grant in the amount of $92,921.14 from the State of Texas,
Criminal Justice Division to continue the Violence Against
Women Act (VAWA) grant within the Police Department for Year
8 with a city cash match of $42,741, in -kind match of $10,560 for
a total project cost of $146,22214 and to execute all related
documents. (Attachment # 7)
7.b. ordinance appropriating $92,921.14 from the State of Texas,
Criminal Justice Division in the No. 1061 Police Grants Fund for
funding available under the Violence Against Women Act
(VAWA) Fund, transferring $27,611 from the No. 1020 General
Fund and appropriating in the No. 1061 Police Grants Fund as
grant matching funds. (Attachment # 7)
Agenda
Regular Council Meeting
December 11, 2007
Page
8.a.
CITY COUNCIL
PRIORITY UE
(Refer to legend at the end of the
agenda summary)
Motion authorizing the City Manager or his designee to accept a
grant in the amount of $65,914 from the State of Texas, Criminal
Justice Division for first year funding of a Sex Offender
Investigative Unit grant in the Police Department with a City
match of $21,564, for a total grant application of $87',478, and to
execute all related documents. (Attachment # 8)
8.b. Ordinance appropriating $65,914 from the State of Texas,
Criminal Justice Division in the No. 1061 Police Grants Fund for
first Y ear funding for the Sex Offender Investigative Unit,
transferring $9758 from the No. 1020 General Fund and
appropriating in the No. 1061 Police Grants Fund as grant
matching funds. (Attachment # 8)
9.a. Resolution authorizing the City Manager or his designee to
submit a grant application to the Coastal Bend Council of
Governments in the amount of $25,000 for recycling and anti -
litter education. (Attachment # 9)
9.b. Resolution authorizing the City Manager or his designee to
submit a grant application to the coastal Bend Council of
Governments in the amount of $6,1 20 for carts to carry
Household Hazardous Waste (FIRM and for non- corrosive
shelving for the HHW Storage Building located at the Citizens
Collection Center. (Attachment ## 9)
9.c. Resolution authorizing the City Manager or his designee to
submit a g rant application to the Coastal Bend Council of
Governments in the amount of $3,000 for training and
educational supplies for the new Clean City Programs
Coordinator. (Attachment # 9)
10. Resolution authorizing the City Manager or his designee to
submit a grant application to the Coastal Bend Council of
Governments in the amount of $45,000 for the FY 2008 -2009
Regional Solid Waste Grants Program to provide funding for a
technical study focusing on tire reclamation and recycling for
parks materials. (Attachment # 10)
Agenda
Regular Council Meeting
December 11, 2007
Page
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
11. Resolution authorizing the City Manager or his designee to
submit a grant application to the Coastal Bend Council of
Governments in the amount $11,298.50 for Litter and Illegal
Dumping Cleanup and Community Collection Events.
(Attachment # 11)
12. Ordinance appropriating $51,633.19 in developer contributions
and $45,507.12 in interest earnings for a sum of $97,140.31 in
the No. 4720 Community Enrichment Fund for park
improvements; changing Ordinance No. 026908 which adopted
the FY 2007 -2008 Operating Budget to increase appropriations
by $97,'140.31. (Attachment # 12)
13. Ordinance appropriating $39,338 from the Coastal Bend Council
of Governments, amending the FY 2007-2008 budget, adopted
by Ordinance No. 027352 to increase appropriations by $39,338
in the No. 1020 General Fund Police Department budget to pay
for equipment for the MetroCom Computer Training Center.
(Attachment# 13)
14. Ordinance appropriating $107,106 from Reserve for
Commitment; amending the FY 2007 -2998 budget, adopted by
Ordinance No. 027352 to increase appropriations by $107,106 in
the No. 1020 General Fund Police Department pay for
E -911 wireless services prior to the City negotiating a Wireless
Service Agreement. (Attachment # 14)
15. Ordinance appropriating $1 2,278.06 from abandoned /unclaimed
monies from the Police Property Room, amending the FY 2007 -
2008 budget, adopted by Ordinance No. 027352 to increase
appropriations by $12,273.06 in the No. 1020 General Fund
Police Department budget to pay for unbudgeted building
maintenance projects. (Attachment # 15)
16.a. Motion authorizing City Manager or his designee to authorize the
purchase of an Oracle Database Enterprise Edition license and
first year maintenance support for $88,600; and consulting
services for an amount not to exceed $95,052.80 from Mythics,
of Virginia Beach, Virginia to assist in the tasks to upgrade the
Enterprise Oracle Database to version 19g. (Attachment # 16)
Agenda
Regular Council Meeting
December 11, 2007
Page
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
16.11 Motion authorizing the City Manager or his designee to approve
the purchase of continued annual maintenance costs from
Oracle USA, Inc., of Reston, Virginia for software updates and
product support of the Oracle Database Enterprise Edition
software subject to annual appropriation of funds based on sole
source. (Attachment # 16)
17. Ordinance authorizing the resale of five properties for
$29,577.71 which were foreclosed upon for failure to pay ad
valorem taxes, of which the City shall receive $2,758.30, plus
$8,665.65 for partial payment of City paving and demolition liens.
(Attachment# 17)
18. Resolution approving amendments to the City Investment Policy
which includes the addition of the Security Lending Program, the
removal of the Student Loan Marketing Association as
authorized investments for city funds, and other administrati
Agenda
Regular Council Meeting
December 11, 2007
Page
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
21. Motion authorizing the City Manager or his designee to execute
Amendment No. 1 to the Engineering Management Services
Contract with GGE Consulting Engineers, Inc., of San Antonio,
Texas in an amount not to exceed $60,000 for a restated total
fee of $106,000 for Water Department Operations and
Management Services. (Attachment # 21)
22. Resolution determining a public necessity to acquire fee simple
title to the surface estate only to three parcels of land for a ball
field relocation project known as the South Guth Park Bali Field
Relocation Project (#3337), from the owners William H.
Shireman, et al (Parcel 1), Vickers Family Trust (Parcel 2), and
Noy Shockley, et u (Parcel 3), for the public purpose and use as
a ball field park and for other related park purposes; and
authorizing the City Manager and the City Attorney to ac uire the
subject parcels by means of negotiations or exercise of the City's
power of eminent domain. (Attachment # 22)
23. Ordinance abandoning and vacating an 8,145.72-square foot
portion of a 7.5-foot wide electrical and communications
easement (Tract 1 and a 26,353.80-square foot portion of an
electrical and communications easement (Tract 2), out of Lot 8,
Block A, Joslin Tract, located north of and adjacent to the South
Padre Island Drive (SH 358) public right-of-way; and east of the
Rodd Field Road street right -of -way; requiring the owner, MG
Building Materials, to comply with the specified conditions.
(Attachment # 23)
24. Ordinance amending the Code of Ordinances, City of Corpus
Christi, Chapter 2, regarding membership of the Watershore and
Beach Advisory Committee; and providing for publication.
(Attachment # 24)
J. PUBLIC HEARINGS:
ZONING CASES;
25. Case No. 1 007 -03 Gary D. Gray: A change of zoning from an "l-
2" Light Industrial District to an "1-3' Heavy industrial District,
resulting in a change of land use from vacantto heavy industrial
Agenda
Regular Council Meeting
December 11, 2007
Page
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PRIORITY TY ISSUES
(Refer to legend at the end of the
agenda summary)
for Whelan Tract Unit 2, Block 1, Lot 4, located on High Starr
Drive, approximately 475 feet north of Leopard Street.
(Attachment # 25)
Panning Commission and Staffs Recommendation: ndation: Dental of
an "1 -3" Heavy Industrial District, and in lieu thereof, approval of
an "I -2" Light Industrial District with a Special Permit allowing for
the installation and operation of three (3) cryogenic vessels, one
(1) CO2 tank, a propane vessel, a propylene vessel, and the
2,400 square foot cylinder filling facility and operations building,
subject to a site plan, and approval by the Fire Marshal and
Zoning Board of Adjustment.
ORDINANCE
AI CE
Amending the zoning ordinance, upon application by Gary D.
Gray, by changing the zoning map in reference to Whelan Tract
Unit 2, Block 1, Lot 4, from "1-2" Light Industrial District to "1_
2/SP" Light Industrial District with a special permit to allow for the
installation and operation of three (3) cryogenic vessels, one (1)
CO2 tank, a propane vessel, a propylene vessel, and the 2,400
square foot cylinder filling facility and operations building, subject
to a site plan and approval by the Fire Marshal and Zoning Board
of Adjustment; amending the Comprehensive Plan to account for
any deviations from the existing Comprehensive Plan; providing
for a repealer clause; providing a penalty; providing for
publication.
26. ease I . 1107 -01, Turner Industri m_L A change of zoning
from a "R-1B" B" One -far it Y Dwelling District to a "B-4" General
Business District on Tract 1 (3.726 acres) and "I--3" Heavy
Industrial District on Tract 2 (31.926 acres) on property
described as 3.726 acres of land (Tract 1 ) and 31.926 acres of
land (Tract 2) both out of the Consolidated El Paso Irrigation
Manufacturing Company State Survey 500, Abstract 582, located
at the intersection of IH-37 and Clarkwood Road.
(Attachment # 26)
Agenda
Regular Council Meeting
December 11, 2007
Page 10
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PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Planning_C nnmission and Staffs Recommendation: Approval of
the "B-4" General Business District on Tract 1 and denial of the
"1 -3" Heavy Industrial District on Tract 2, and in lieu thereof, an
"I-2/SP" Light Industrial District ri with a Special Permit on Tract 2
and subject to five conditions.
ORDINANCE
Amending the zoning ordinance, upon application by Turner
Industries, LLC, by changing the zoning map in reference to
Consolidated El Paso Irrigation & Manufacturing Company State
Survey 500, Abstract 582, from "R-1B" B" One - family Dwelling
District to "B-4" General Business District on Tract 1 (3.726
acres) and "1-2/SP" Light Industrial District with a Special Permit
to allow for the development of a pipe fabrication facility on Tract
2 (31.926 acres); amending the Comprehensive Plan to account
for any deviations from the existing Comprehensive Plan;
providing a repealer clause; providing a penalty, providing for
publication.
STREET CLOSURES:
27. Public hearing and First Reading Ordinance to consider
abandoning and vacating a 2.975 acre tract of undeveloped and
unsurfaced, dedicated public right -of -way (Del Oso Road), out of
Lots -7, Section 16, and Lots 1 -3, Section 17, Flour Bluff and
Encinal Farm and Garden Tracts, located west of the Ennis
JosIin Road public right -of -way, and south of the South Alameda
Street public right -of -way; subject to compliance with the
specified conditions. (Attachment # 27)
Ordinance to consider
28. Public hearing and First Reading
abandoning and vacating a 61,537.10-square foot portion of
undeveloped and unsurfaced, dedicated public right -of -way
(South Oso Parkway) , out of the Botanical Gardens Park Unit
Subdivision, located north of and adjacent to the South Staples
Street (FM 2444) public right-of-way. (Rescheduled for
01/08/08) (Attachment # 28)
Agenda
Regular Council Meeting
December 11, 2007
Page 11
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
AD VALOREM TAXATION:
29. Public hearing and First Reading Ordinance authorizing the City
of Corpus Christi to tax tangible personal property in transit
which would otherwise be exempt pursuant to Texas Tax Code,
Section 11 253. (Attachment # 29)
K. REGULAR AGENDA
CONSIDERATION OF MOTIONS RESOLUTIONS AND ORDINANCES:
Ar CES:
30. Resolution approving a Debt Mariagennent Policy for the City of
Corpus Christi. (Attachment # 30)
31. First Reading Ordinance — Approving the FY 2008 Capital
Budget and Capital Improvement Planning Guide in the amount
of $127,275,900. (Attachment # 31)
32. Second Reading Ordinance — Amending the City of Corpus
Christi Platting Ordinance by repealing Section IV. G. "Parks and
Playgrounds," and adopting a new Section IV. G. "Public Open
Space, " to provide for the dedication of park and public open
space on the platting of property, the creation of a community
enrichment fund and payments thereto, payment of fees in lieu of
land dedication, payment of a park development fee, providing
for park development improvements, providing for dedication of
land or payment of fees after filing of the plat for the property and
upon the replat of property, and providing for review of
dedication requirements; providing a repealer clause; providing a
penalty clause; providing for publication; and providing for an
effective date. (First Reading 11/13/07) (Attachment # 32)
33. Consideration of an appeal by Rolando Garza regarding the
Corpus Christi Cable Communications Commission's September
17, 2007 decision regarding a public access program.
(Attachment # 33)
34.a. Resolution approving a Performance Based Agreement between
the Corpus Christi Business and Job Development Corporation
(4A Board) and Turner Industries Group, L.L.C. granting
$1 ,850,000 in business incentives for the capital investment of
$10,000,000 and the creation and retention of 185 full- time jobs.
! #t r hmpnt VIA
Agenda
Regular Council Meeting
December 11, 2007
Page 12
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
34.b. Resolution authorizing the City Manager or his designee to
execute a Project Agreement with the Corpus Christi Business
and Job Development Corporation regarding implementation and
administration of the agreement to grant business incentives to
Turner Industries Group, L.L.C., for the capital investment of
$10,000,000 and the creation and retention of 166 full time jobs.
(Attachment # 34)
35.a. Resolution approving a Performance Based Agreement between
the Corpus Christi Business and Job Development Corporation
(4A Board) and Texas A&M University- Corpus Christi granting
$125,929 in business incentives for the operation of an Intern
Program to assist small businesses in Corpus Christi.
(Attachment # 35)
35.b. Resolution authorizing the City Manager or his designee to
execute a Project Agreement with the Corpus Christi Business
and Job Development Corporation regarding implementation and
administration of the agreement to grant business incentives to
Texas ABM University - Corpus Christi for an Intern Program to
assist small businesses in Corpus Christi. (Attachment # 35)
36.a. Resolution approving a Performance Based Agreement between
the Corpus Christi Business and Job Development Corporation
(4A Board) and Del Mar College granting $130,921 in business
incentives for the operation of an Intern Program to assist small
businesses in Corpus Christi. (Attachment # 36)
36.b. Resolution authorizing the City Manager or his designee to
execute a Project Agreement with the Corpus Christi Business
and Job Development Corporation regarding implementation and
administration of the agreement to grant business incentives to
Del Mar College for an Intern Program to assist small businesses
in Corpus Christi. (Attachment # 36)
37.a. Resolution approving a Performance Based Agreement between
the Corpus Christi Business and Job Development Corporation
(4A Board) and WorkSource of the Coastal Bend granting
$22,740 in business incentives for the operation of an Intern
Program to assist small businesses in Corpus Christi.
(Attachment # 37)
Agenda
Regular Council Meeting
December 11, 2007
Page 13
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
37.b. Resolution authorizing the City Manager or his designee to
execute a Project Agreement with the Corpus Christi Business
and Job Development Corporation regarding implementation and
administration of the agreement to grant business incentives to
vorSource of the Coastal Bend for a Program to assist small
businesses in Corpus Christi. (Attachment # 37)
38.a. Resolution approving a Performance Based Agreement between
the Corpus Christi Business and Job Development Corporation
(4A Board) and Score Chapter 221 granting $29,167 in business
incentives for the operation of a Program to assist small and
startup businesses in Corpus Christi. (Attachment # 38)
38.b. Resolution authorizing the City Manager or his designee to
execute a Project Agreement with the Corpus Christi Business
and Job Development ment Corporation regarding implementation and
administration of the agreement to grant business incentives to
Score Chapter 221 for a Program to assist small and startup
businesses in Corpus Christi. (Attachment # 38)
39.a. Resolution authorizing the City Manager or his designee to
execute the second amendment to the contract between the
Corpus Christi Business and Job Development Corporation and
Nueces County Community Action Agency for a pilot inill
housing project, to extend the term of the program agreement
until November 19, 200 8, and to expand the area boundaries of
the project. (Attachment # 39)
39.b. Resolution authorizing the City Manager or his designee to
execute the first amendment to the contract between the Corpus
Christi Business and Job Development Corporation and John
Mikulencak, ulencak, d.b.a. Extreme Homes of Texas for new
construction homebuyers assistance project, to extend the term
of the program agreement and to adjust the amount of the loan
of funds to a maximum of $20,000, and the terms of the loan to a
deferred forgivable loan and amortized for a term provided by
other HUD supported programs. (Attachment # 39)
Agenda
Regular Council Meeting
December 11, 2007
Page 14
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
40. Resolution requesting Mayor Henry Garrett to send a Letter of
Intent to the Texas General Land Office for the funding of the
importance of beach maintenance; directing the City Secretary to
send a certified copy of the resolution to the Texas General Land
Office; providing for findings of fact and providing for an effective
date. Attachment # 40
41. Discussion and possible action regarding the appointment of
Mike Carrell to the Port of Corpus Christi Authority of Nueces
County, Texas. (Attachment # 41)
L. PRESENTATIONS:
Public comment will not be solicited on Presentation items.
42. 19th Annual "Feast of Sharing" (Attachment # 42)
43. Oso Creek/ so Bay Greenbelt, Parks and Trail System Master
Plan (Attachment # 43)
M. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS
NOT SCHEDULED ON THE _ GE I A WILL BE HEARD AT
APPROXIMATELY 1 P.M. OR AT THE END__OF END-_ THE
COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE
LIMITPRESENTATIONSIP THREE MINUTES. IF YOU PLAN
TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD,
PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL
L
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.)
usted se dirige a la junta y tree que su ingl s es iimitado, habra un
int rprete ingl s -espar of en /a reunion de la junta Para ayudarle.
PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF
PERSON, OR MEMBERS OF THE AUDIENCE SHALL
BERATE, EMBARRASS, ACCUSE, OJ SHOW ANY
PERSONAL DISRESPECT FOR ANY MEMBER OF THE
STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY
COUNCIL MEETING. THIS POLICY 15 NOT MEANT TO
RESTRAIN A CITIZENS FIRST AMENDMENT RIGHTS.
Agenda
Regular Council Meeting
December 11, 2007
Page 15
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
N. EXEUTILISSSiON5:
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 secti
Agenda
Regular Council Meeting
December 11, 2007
Page 16
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary
0. REPORTS:
- - - -- -- - - - - -
The following reports include questions by Council to Staff regarding
City policies or activities; request by Council for information or reports
from Staff; reports of activities of individual council members and staff;
constituent concerns; current topics raised by media; follow-up on Staff
assignments; scheduling of future Council meetings and activities; and
other brief discussions regarding city -- related matters.
48. MAYOR'S UPDATE
49. COUNCIL AND OTHER REPORTS
P. ADJOURNMENT:
POSTING ST►TEIIENT.
This agenda was posted on the City's official bulletin board at the front
entrance to City Hall, 1201 Leopard Street, at 3. '1'5— p.m., December 7,
2007.
Armando Chapa
City Secretary
NOTE: The City Council Agenda can be found on the City's Home
Page at www.cctexas.com after 7:00 p.m. on the Friday
before regularly scheduled council meetings. if technical
problems occur, the agenda will be uploaded on the
Internet by Monday morning.
Symbols used to highlight action items that implement
council goals are on attached sheet.
City Council Goals 2007 -2009
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Develop Street Plan
Texas A &M University—Corpus Christi
Expansion
Neighborhood improvement Program
{NIP} and Model Block Expansion
Development Process Improvement
Bond 2408
Coliseum Plan
Master Plan Updates
Improve Code Enforcement
1
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
November 20, 2007 - 10 :00 a.m.
PRESENT
Mayor Henry Garrett
Mayor Pro Tem Melody cooper*
Council Members:
Larry Elizondo, Sr.
Mike Hummel!
Bill Kelly
Priscilla Leal
Michael Mce u tchon
John Marez
Nelda Martinez
*arrived 10:38 a.m.
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 Dr. Alien Mosiman with Parkway Presbyterian
Church and the Pledge of Allegiance to the United States flag was led by Council Member Larry
Elizondo.
Mayor Garrett called for approval of the minutes of the regular Council meeting of November
13, 2007. A motion was made and passed to approve the minutes as presented.
* * * * * * * * * * * *
Mayor Garrett referred to Item 2 and the following board appointments was made:
Citizens Advisory HaIth Board
Rebecca Esparza (Reappointed)
* * * * * * * * * * * *
Mayor Garrett called for the City Manager's report, city Manager Noe advised the Council
that the Airport Board approved the buy out and termination of the lease with Semitech at the
Corpus Christi International Airport. Mr. Noe provided a report on the status of the nine affordable
housing projects approved by the 4A Board and City Council. Mr. Noe spoke regarding the issues
for renovating the boat ramps on the JFK Causeway and the analysis provided for potential land
swap between the City and the Port of Corpus Christi. Mr. Noe provided a report on the Uniform
Crime Report statistics regarding the crime of rape. Mr. Noe also provided an update on the
Comprehensive Annual Financial report.
* * * * * * * * * * * *
Mayor Garrett called for consideration of the consent agenda (Items 3 - 23). Mr. John Kelley
and Mr. Carlos Cortez requested that Item 5 be pulled for individual consideration. Mr. Bill Kopecky
requested that Item 12 be pulled for individual consideration. Council members requested that
Items 5, 6, 10, 12, 1 , 16, and 19 be pulled for individual consideration. City Secretary Chapa polled
the Council for their votes as follows:
Minutes — Regular Council Meeting
November 20, 2007 — Page 2
3. MQ]ION NO. 2007-29
Motion authorizing the purchase of software and specialized equipment for a total amount of
$264,723.50 utilizing funds from the 2006 Homeland Security Grant awarded to the City of
Corpus Christi and budgeted in the Fire Grant Fund No. 1062.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummel!, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper was absent.
4. MOTION NO. 2007 -294
Motion approving the lease purchase of two (2) steel wheel rollers from Waukesha Pearce
Industries, of Austin, Texas for the total amount of $11 0,783.50. The award is based on the
cooperative purchasing agreement with the Texas Local Government Purchasing
Cooperative (TLGPC). The steel wheel rollers will be used by the Street Department.
Funding will be provided by the City's lease purchase financing contractor.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummel!, Kelly, Leal, McCutchon, Marez, , and Martinez, voting "Aye"; Cooper was absent.
7.a. MOTION NO. 2007-296
Motion authorizing the City Manager or his designee to enter into a Memorandum of
Understanding with the Office of the Attorney General - State of Texas /Internet Crimes
Against Children (ICAC)(Southem Texas) for funding available under the ICAC Task Force
Program, and to execute all related documents.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummel!, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper was absent.
7.b. ORDINANCE NO. 027483
Ordinance appropriating $9,500 from the Office of the Attorney General - State of Texas in
the No. 1061 Police Grants Fund for the Internet crimes Against Children (ICAO) Task
Force Program.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and
Martinez, voting `Aye "; Cooper was absent.
8. ORDINANCE NO. 0 7484
Ordinance appropriating $202,550 from the estimated program income revenue in the No.
1066 Health Grants Fund as State Fiscal Year 2007-2008 program income to fund
laboratory and public health services for the period of September 1, 2007 through August
31, 2008.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Elizondo, Hummel!, Kelly, Leal, McCutchon, Marez, and
Martinez, voting "Aye "; Cooper was absent.
Minutes — Regular Council Meeting
November 20, 2007 — Page 3
9.a. RESOLUTION LUTI NO. 027485
Resolution authorizing the City Manager or his designee to accept a grant for $673,200 from
the Texas Department of State Health services to provide for the Women, Infants, and
Children (WIC) Program, based on an $11.22 reimbursement for each participant served,
and to execute all related documents.
The foregoing resolution was passed and approved with the following vote: Garrett,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooperwas
absent.
9.b■ ORDINANCE Na 027486
Ordinance appropriating a grant for $673,200 from the Texas Department of State Health
Services in the No. 1066 Health Grants Fund to provide for the Women, Infants, and
Children (WIC) Program, based on an $11.22 reimbursement for each participant served.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, dare , and
Martinez, voting `Aye "; Cooper was absent.
11. MOTION_NO. 2007-297
Motion authorizing the City Manager or his designee to execute an Annual Joint Funding
Agreement with the United States Geological Survey (USGS), United States Department of
the Interior, for the continuation of surface water data collection and limited studies by the
Uses for the City's water supply activity; and providing for the City to pay the USGS the
amount of $240,950 out of a total project cost of $299,725 during the Federal Fiscal Year
October 1, 2007 through September 30, 2008.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper was absent.
14. ORDINANCE NO. 027491
Ordinance appropriating $19,364.80 from the La Tarr Womack and Associates, LP
contribution to Wastewater Capital Improvement Program (GIP) Fund No. 3430 for the Up
River Road Reconstruction Project No. 6265; changing the FY 2006-2007 Capital
Improvement Budget adopted by Ordinance No. 026997 by increasing appropriations in
Wastewater C I P Fund No. 3430 by $19,364.80.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and
Martinez, voting "Aye"; Cooper was absent.
15. MOTION N. 2007-299
Motion authorizing the City Manager or his designee to execute a Job Order Contract with
Nu gray International Inc., of Corpus Christi, Texas in the amount of $142471 94 for a 10-foot
wide concrete trail as part of the West Guth Park Trail project.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummel', belly, Leal, McCutchon, Marez, and Martinez, voting "Aye,; Cooperwas absent.
Minutes - Regular Council Meeting
November 20, 2007 - Page
17. MOTION NO. 07-301
Motion authorizing the City Manager or his designee to execute a construction contract with
Highway Technologies, LP, of Corpus Christi, Texas in the amount of $140,110 for the
Citywide Street Striping and Pavement Marking Contract for a period of one 1 calendar
year (12 calendar months) with an option to extend the contract for up to two (2) additional
one 1 calendar year terms.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, , voting "Aye "; Cooper was absent.
18. MOTION NO. 2007-302
Motion authorizing a permit for the temporary closure of Shoreline Boulevard between
Peoples Street and Lawrence Street on Saturday, December 1, 2007 from 8:00 a.m. to
11:30 p.m. for the Annual Harbor Lights Festival and authorizing the City Manager or his
designee to issue a permit for the temporary closure upon meeting the conditions and
requirements for permit in Section 4-17.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, , voting "Aye ": Cooper was absent.
20. ORDINANCE NO.
Ordinance abandoning and vacating a 1 ,964.8B- square foot portion of a 10-foot wide utility
easement out of Lot 1, Block 1, Del Mar College East Campus; located approximately 370 -
feet north of the Edwards Street public right-of-way; requiring the owner, Del Mar College
District, to comply with the specified conditions.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Elizondo, Hummel', Kelly, Leal, McCutchon, Marez, and
Martinez, voting "Aye "; Cooper was absent.
21. oRDI IRANQE_ ISO.0274$
Ordinance abandoning and vacating a 110.20-square foot portion of a 7.50 -foot wide utility
easement out of Lot 7, Block 7, The Lakes Unit 5D, adjacent to the Lake Apache Drive and
approximately 80-feet northwest of the Lake Travis Drive and Lake Apache Drive
intersection; requiring the owner, Ronald A. Voss, to comply with the specified conditions.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Elizondo, Hummell, belly, Leal, McCutchon, Marez, and
Martinez, voting "Aye "; Cooper was absent.
22. ORDINANCE NO. 027496
Ordinance amending the Code of ordinances, Chapter 53, Traffic by allowing for the
creation of limousine stands; providing for publication, providing for penalties.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and
Martinez, voting "Aye "; Cooper was absent.
Minutes — Regular Council Meeting
November 20, 2007 -- Page
23. ORDINANCE NO. 027497
Ordinance amending the Code of Ordinances, Chapter 33, Offenses and miscellaneous
provisions by prohibiting urinating and/or defecating in public; providing for publication,
providing for penalties.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, M Cut hon, Mare z, and
Martinez, voting "Aye "; Cooper was absent.
Mayor Garrett opened discussion on Item 5 regarding a service agreement for Uniformed
Guard security Services. Mr. John Kelley, 413 Waco, asked if the City utilized the entire Frost Bank
Building location. City Manager Noe said the tower is completely used by the City and the bank
operates the adjoining building. Mr. Carlos Cortez, 5938 Julia Circle and representative for U.S.
Security Associates, said U.S. Security was the lowest bidder and has serviced the City for the last
ten years.
In response the Council Member M Cut hon, Assistant Director of Financial Services
Michael Barrera provided an explanation of the scoring for the evaluation matrix. Council Member
Leal asked the reasons for not going with lowest bidder; whether the City had spoken with U.S.
Security regarding turnover issues; and done background checks for AI ITE . Mr. Barrera said the
evaluation matrix was used to review the service level and not just the cost and AMTB 's
performance is based on the City's actual experience. Council Member Elizondo asked for a cost
comparison of the hourly wages for guards at the Airport and City Hall. Mr. Barrera stated that
currently an airport guard receives $11.99 an hour and a City Hall guard receives $10.30 an hour.
Mr. Barrera added that under the new contract, the wage will be $12.20 an hour. Mayor Garrett
asked Mr. Barrera to explain the evaluation criteria for past performance. Mr. Barrera explained that
past performance was based on whether the company had done business with a governmental
entity or the City of Corpus Christi. Mr. Barrera added that U.S. Security's performance with the City
has been inadequate; therefore, U.S. Security lost points in that category. City Secretary Chapa
polled the Council for their votes as follows:
5. MOTION FAILED
The foregoing motion failed with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal,
McCutchon, -Mare , and Martinez, voting "No "; Cooper was absent.
Mayor Garrett opened discussion on Item 6 regarding the purchase of police vehicles.
Council Member Leal asked questions regarding the number of police vehicles and crime scene
vans. Director of General Services Jim Davis said there are 150 marked units and approximately six
crime scene vans. City Secretary Chapa polled the Council for their votes as follow:
Minutes — Regular Council Meeting
November 20, 2007 — Page
6. MOTION NO. 2007-295
Motion approving the purchase of forty -three (43) police package sedans, two (2) pickup
trucks and two (2) cargo vans in accordance with Bid Invitation No. BI-0019-08 from Barnes
Crow Ford, of Corpus Christi, Texas based on low bid and low bid meeting specifications for
a total amount of $1,035,232. Funding is available from the FY 2007 -2008 Capital Outlay
budget in the Maintenance Services Fund, General Fund, and the Police Department Crime
Control Fund. All units are replacements.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper was absent.
Mayor Garrett opened discussion on Item 10 regarding the relocation of the
Ropes/Steamboat House. Council Member Leal asked for the balance of the Park Capital
Improvement Fund. Director of Finance Cindy O'Brien said she would provide the information by the
end of the day. In response to Council Member Hummell, City Manager Noe said the $70,000 will
be used to pay for the moving and stabilization of the house that was donated to the City. City
Secretary Chapa polled the Council for their votes as follows:
10. ORDINANCE NO. 027487
Ordinance transferring $70,000 (that was appropriated in the No. 3160 City Hall Capital
Improvement Program (CIP) Fund for relocation of the Ropes/Steamboat House on October
30, 2007 by Ordinance No. 027462) to and appropriating in the No. 3280 Park Capital
Improvement Program (CIP) Fund; changing FY2007 Capital Budget adopted by Ordinance
No. 026997 by increasing appropriations by $70 #000.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, Marez, and Martinez, voting
"Aye "; Cooper and McCutchon were absent.
Mayor Garrett opened discussion on Item 12 regarding the South Guth Bali Fields Relocation
project. Mr. Bill Kopecky, 3609 Topeka, asked whether the $750,000 was included or in addition to
the $7.5 million to fund the relocation. City Manager Noe said the $750,000 was included in the
$7.5 million. Mr. Kopecky also spoke regarding the use of certificates of obligation and not requiring
voter approval. Council Member Hummell asked questions regarding whether the money comes
from the unreserved fund balance and the schedule for certificates of obligation. Ms. O'Brien said
the money comes from the unreserved fund balance as a loan. City Manager Noe said the amount
of $750,000 should cover the land acquisition and design and there is no need for additional funding
until construction. Mr. Noe added that the plan is to issue the certificates of obligation prior to
construction. Mr. Hummel) asked where the funding comes from to pay off the debt from the
certificates of obligation. Ms. O'Brien said the funding comes from the debt service fund. In
response to Council Member Leal, Mr. Noe said the land cost is approximately $600,000 and the
design is $150,000. Mr. Noe added that the design firm has not been selected. City Secretary
Chapa polled the council for their votes as follows:
12.a. RESOLUTION NO. 027488
Resolution expressing official intent to reimburse costs of South Guth Ball Fields Relocation
Project improvements.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummel), Kelly, McCutchon, Marez, and Martinez, voting "Aye"; Leal voting "No ".
Minutes — Regular Council Meeting
November 20, 2007 - Page 7
12.b. F DIl ANC 1 . 027489
- - -- - - -- --
Ordinance appropriating $750,000 from Unreserved Fund Balance in No. 1020 General
Fund for land acquisition and design work relating to the South Guth Bali Fields Relocation
Project; changing FY 2007 -2008 Operating Budget adopted by Ordinance No. 027352 by
increasing appropriations by $750,000.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, McCutchon, Marez, and
Martinez, voting "Aye"; Leal voting "No".
Mayor Garrett opened discussion on Item 18 regarding the Northside Redevelopment Plan.
Council Member McCutchon requested background on the Northside Redevelopment Plan. staff
responded. A brief discussion ensued. Council Member Hummel) asked questions regarding the
funding language in the ordinance. Interim Director of Engineering Kevin Stowers said the funds
need to be appropriated from the unappropriated settlement proceeds and once appropriated,
transferred to the correct account. In response to Mr. Hummel!, Ms. O'Brien said the fund balance is
$250,000. City secretary Chapa polled the Council for their votes as follows:
13.a. ORDINANCE 1 0.027490
Ordinance appropriating $43,000 from unappropriated settlement proceeds in the No. 3160
City Hall Capital Improvement Program (CIF) Fund, transferring to and appropriating in the
No. 4670 Development Services Fund for Consultant Services for the Performance
Improvement in the Northside Redevelopment Plan Project; changing the FY 2006 -2007
Capital Budget adopted by Ordinance No. 02 997 by increasing appropriations by $43,000;
changing the FY 200 7-2008 Operating Budget adopted by Ordinance No. 027352 by
increasing revenues and appropriations by $43,000 each.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Hummel), Kelly, Leal, McCutchon, Marez, and
Martinez, voting "Aye ".
18.b. MOTION Igo. 2007-298
Motion authorizing the City Manager or his designee to execute a Consultant Services
Contract with Civic Design Associates, of Houston, Texas in the amount of $188,71 o for the
Northside Redevelopment Plan Project.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummel), Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ".
Mayor Garrett opened discussion on Item 16 regarding the Ben Garza Gymnasium HVAC
System Replacement. Council Member McCutchon asked questions regarding the engineer's
estimated cost of $270,000 and the actual cost of construction. Mr. Stowers explained that
engineer's estimations are based on scope of the work, prior bid, and the time of season. In
response to Dr. McCutchon, Mr. Stowers said the engineer consultant was Stidde, Collins
Associates. Interim Assistant City Manager Escobar said the engineering fees are not based
on construction costs. City Secretary Chapa polled the Councilor their votes as follows:
Minutes - Regular Council Meeting
November 20, 2007 — Page 8
16.a. ORDINANCE NO. 027492
Ordinance appropriating $178,000 from the unappropriated fund balance in the No. 1020
General Fund for repla ement of the Ben Garza Gymnasium HVAC System and associated
expenses; changing FY 2007 -2008 Operating Budget adopted by Ordinance No. 027352 to
increase appropriations by $178,000.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and
Martinez, voting "Aye ".
16.b. MOTION NO, 2007 -300
Motion authorizing the City Manager or his designee to execute a construction contract with
Il atek, Inc., of Corpus Christi, Texas in the amount of $143,015 for the Ben Garza
Gymnasium HVAC Systems Replacement 2007 Project for the total Base Bid and Additive
Alternate No. 1.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ".
Mayor Garrett opened discussion on Item 19 regarding a Commercial Lease Agreement with
William Dennis Wacker 111. Council Member McCutchon asked if the warehouse was climate
controlled. Fire Chief Richard Hooks responded that it was not. Dr. McCutchon asked if the
Memorial Coliseum would serve the needs of the fire department to place the equipment. City
Manager Noe said the assumption for the Memorial Coliseum was to make repairs and the funding
from the grant may not allow for the lease of the property. Interim Director of Engineering Kevin
Stowers said the Coliseum is a good suggestion, however; the facility is in need of roof repairs
because of water leaks that could potentially cause damage to the equipment. In response to Dr.
McCutchon, Chief Hooks said the grant is a Metropolitan Medial Response System Grant. Assistant
Chief Michael Hernandez said the grant is specific on how the funds are spent and the proposed
facility is extremely secure and centralized.
Council Member Hummel) asked questions as to where the equipment is currently stored
and the location of the proposed facility. Fire Chief Hooks said the equipment is currently stored in
various locations and the proposed location is on Mestina Street behind Metro Ministries near the
Crosstown Expressway. Mr. Hummel) asked if the equipment is stored at the Coliseum, could the
funding be used to by more equipment. Fire Chief Hooks responded yes. Council Member Martinez
asked questions regarding the square footage of the proposed facility. Chief Hooks said the facility
was 7,800 square feet. Mr. Stowers explained that the Coliseum could not be used for storage
because the zoning limits the type of equipment that can be stored and building code issues.
Council Member Kelly asked whether it was better to house the equipment at different
locations or if staff recommendation was to have one facility. Chief Hooks said the
recommendation based on cost and affordability was to have one facility. In response to Council
Member Marez, Chief Hooks said the equipment at the trailer at Rand Morgan had been exposed to
the elements. Council Member Hummell asked questions regarding the zoning requirements to
have fueled vehicles inside a building. Interim Assistant Director Development Services Faryce
Goode -Macon said there has to be screening if the commercial property is adjacent to residential
areas or "1 -2" zoning. Ms. Goode - Macon said the property on Mestina is designated as "1 -2" zoning.
City Secretary Chapa polled the Council for their votes as follows:
Minutes — Regular Council Meeting
November 20, 2007 -- Page
19. ORDINANCE NO. . 02749
Ordinance authorizing the City Manager or his designee to enter into a 38 -month
Commercial Lease Agreement to lease from William Dennis Wall er,111 a warehouse facility
located at 1 921 Mestina Street, for a term beginning December 1, 2007 and ending January
31, 2011; approving prorated lease payments of $2,400 for the first two months (December
1, 2007 to January 31, 2008); approving payments of $28,800 for the first year (February 1,
2008 to January 81, 2009); $29,664 for the second year (February 1, 2009 to January 31,
2010); and $30,552 for the third year (February 1, 2010 to January 31, 2011).
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Kelly, McCutchon, Marez, and Martinez, voting
"Aye"; Hummell and Leal voting "No ".
Mayor Garrett recessed the regular Council meeting to hold a meeting of the Crosstown
Commons Development Corporation.
* * * * * * * * * * * * *
Mayor Garrett reconvened the Regular Council Meeting. Mayor Garrett referred to Item 24
regarding the following public hearing:
24. Proposed FY 2008 Capital Budget and Capital Improvement Planning Guide.
Assistant City Manager Oscar Martinez referred to a powerpoint presentation including the
capital budget approach; capital budget highlights; FY 2008 capital budget revenues and
expenditures; three year projection of revenues by category and program expenditures; CIP
planning guide major sections; and the annual capital budget for the Airport
Mayor Garrett called a brief recess to present proclamation and listen to public comment.
* * * * * * * * * * * * *
Mayor Garrett called for petitions from the audience. Gilbert Flores, 529 Ohio Street, spoke
regarding needed infrastructure improvements for the Lindale 1 subdivision. Rosemary Reed spoke
regarding drainage problems at Northwest Estates due to the creation of a retention pond from a
construction project on County Road 624. Carolyn Moon, 4902 Calvin, spoke regarding the
ownership of the American Bank Center property. Lisa Hernandez, 434 Villa Drive, spoke regarding
the evaluation of the City Manager. Ted Stephens, 513 Dolphin, spoke in support of funding the
Downtown Drainage Improvements - Phase 3 in the Capital Improvement Program. Mike Hummell,
600 Leopard, spoke regarding the appointment and swearing-in of Mike Carrell to the Port of Corpus
Christi Authority and requested that the appointment be placed on the agenda. John Kelley, 413
Waco, spoke regarding an inventory of unused City property and the evaluation of the City Manager.
A motion was made by Ms. Leal directing staff to place the appointment of Mike Carrell to the
Port Commission for discussion and possible action on the December 11th agenda. The motion
was seconded Dr. McCutchon. A discussion ensued regarding the motion. The Mayor called for the
vote.
The foregoing motion was passed and approved with the following vote: Elizondo, Hummell,
Leal, McCutchon, and Mare z, voting "Aye"; Garrett, Cooper, Kelly, and Martinez, voting "No ".
Minutes — Regular Council Meeting
November 20, 2007 — Page 10
* * * * * * * * * * * * *
Mayor Garrett announced the executive sessions, which were listed on the agenda as
follows:
33. Executive session under Texas Government Code Section 551.071 regarding Cause No. C-
07-117, John Lee Beaudion vs. City of Corpus Christi et al, in the United States District
Court, with possible discussion and action related thereto in open session.
34. Executive session under Texas Government Code Section 551.071 regarding Cause No C-
07-119, Ruben Galvan vs. City of Corpus Christi et al, in the United States District Court,
with possible discussion and action related thereto in open session.
35. Executive session under Texas Government Code Section 551.074 for deliberations
regarding the evaluation of the City Manager, with possible discussion and action related
thereto in open session.
The Council went into executive session. The Council returned from executive session.
Mayor Garrett announced that the City Council would reevaluate the City Manager in May 2008.
* * * * * * * * * * * * *
Mayor Garrett returned to Item 24 regarding the public hearing on the proposed FY 2008
Capital Budget and Capital Improvement Planning Guide. Assistant City Manager Oscar Martinez
referred to a po werpoint presentation including the annual capital budgets for Parks and Recreation,
Public Facilities, Public Health and Safety, Streets/Utilities, Gas, Storm Water, Wastewater, Water,
and Water Supply; debt management policy; debt instruments; debt limits; coverage requirements;
fund balance requirements; and upcoming actions.
Council Members asked questions regarding the certificates of obligation; Federal Aviation
Administration grant funding; South Guth Park relocation funding; capital expenditures; Commercial
Paper Program; debt instruments; rates on Commercial Paper versus bonds; reevaluation of utility
rates; storm water costs for 2006-200 7; Storm Water Phase 3 Pump Station project; and utility
relocation costs.
A motion was made, seconded and passed to open the public hearing. 1E. O'Brien, 4130
Pompano, spoke regarding the commercial paper program and asked the Council to adopt a policy
to not issue debt in excess of the amount of debt paid off the previous year. Ms. Martinez made a
motion to close the public hearing, seconded by Mr. Eli undo, and passed.
* * * * * * * * * * * *
Mayor Garrett opened discussion on Item 29 regarding the City's Air Quality program and
research projects. Bill Hennings, Chairman of the Air Quality Co mmittee, provided an overview of
the program including air pollution; the Clean Air Act of 1970; National Ambient Air Quality
Standards; Air Quality Committee; graph of the four highest ozone days; the 8-hour 03F1ex
Agreement; selected growth indicators; and possible future standards.
Council Member McCutchon asked questions regarding the risks for non - attainment; factors
under the City's control to prevent non - attainment; ozone from vehicles; diesel pollution; and natural
gas vehicles.
Minutes — Regular Council Meeting
November 20, 2007 — Page 11
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
29.13. RESOLUTION 1 . 027501
Resolution authorizing the City Manager or his designee to execute a State Funded Grant
Agreement with the Texas Commission on Environmental Quality in the amount $884,600
for air quality planning activities.
The foregoing resolution was passed and approved with the following vote: Garrett,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper was
absent.
29.c. ORDINANCE NO. 027502
Ordinance appropriating $884,600 from the Texas Commission on Environmental Quality in
the No. 1071 Community Enrichment Grants Fund for air quality planning activities.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and
Martinez, voting "Aye"; Cooper was absent.
29.d. RESOLUTION r O. 027503
Resolution authorizing the City Manager or his designee to execute an Interlocal
Cooperation Agreement with Texas A&M University-Kingsville in the amount of $450,000 for
an air quality research and planning program, which includes air quality monitoring and
modeling projects, and development of an emissions inventory for the Nueces and San
Patricio Counties area.
The foregoing resolution was passed and approved with the following vote: Garrett,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper was
absent.
29.e. RESOLUTION N . 027504
Resolution authorizing the City Manager or his designee to execute an interlocal
Cooperation Agreement with Texas A&M University- Corpus Christi in the amount of
$348,000 for the Pollution Prevention Partnership and educational outreach program, which
includes small business assistance and public education on pollution prevention and air
quality in Nueces and San Patricio Counties.
The foregoing resolution was passed and approved with the following vote: Garrett,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was
absent.
Mayor Garrett opened discussion on Item 26 regarding preservation to prevent deterioration
of the Memorial Coliseum. City Manager Noe said this item was placed on the agenda pursuant to
Council direction to appropriate funding for interim improvements at the Memorial Coliseum.
Minutes — Regular Council Meeting
November 20, 2007 — Page 12
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
26. ORDINANCE NO. 027498
Ordinance appropriating $100,000 from the Unreserved Fund Balance in the General Fund
No. 1020 for Memorial Coliseum immediate preservation requirements; changing the FY
2007 -2008 Operating Budget adopted by Ordinance No. 027352 by increasing
appropriations by $100,000.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Blind, Hummel!, Kelly, Leal, McCutchon, Mare, and
Martinez, voting ;Aye "; Cooper was absent.
Mayor Garrett opened discussion on Item 27 regarding the "slow, No Wake Zone"
ordinance. Director of Parks and Recreation sally Gavlik stated that this item was the second
reading of the "slow, no wake zone" and on swimming in navigable waterways. Ms. Gavlik added
that staff reviewed the possibility of speed limits, however; based on Texas Parks and Wildlife, the
City can not impose speed limits in public waters. Ms. Gavlik said the area will be patrolled by the
Packery Channel patrol.
Captain McDonald, Texas Parks and Wildlife, said the only signs enforceable are the "Slow,
No Wake Zone ". Capt. McDonald also spoke regarding speed limits in lakes; kiteboarding locations;
and operation of vessels.
Council members asked questions regarding the types of signs permifted; location of
kiteboarding areas; lakes with speed limits; operation of vessels at safe speeds; prohibiting of wade
fishing; erosion of the channel; and the possibility to make future amendments to the ordinance.
Captain Ron Behnke, 7062 Lakeview, said a majority of the attendees at the two public
hearings were in support of the partial no wake zone and spoke in support of the presented
ordinance. Norm Baker, 14122 Cabana, asked the Council to delay the vote in order to review the
erosion of Packery Channel and spoke in support of extending the no wake zone to the entire
channel. John Kelley, 3621 Austin, spoke in support of the no wake zone for the entire channel
because of safety and environmental protection. Billy Holmes, 1 121 Jack fish, spoke regarding
quick access to Packery Channel and loss of business. Jeff Austin, 1309 Southbay, said that
making the entire channel a no wake zone would eliminate fishing business because of time
increases.
A motion was made by Ms. Martinez to amend the ordinance to include "slow dangerous
curves" signs in the proposed areas. The motion was seconded by Mr. Elizondo and passed.
City Secretary Chapa polled the Council for their votes as follows:
27. ORDINANCE NO. 027499
Ordinance amending Chapter 12 "Boats, Bays and Waterways," Article 1 "In General,"
Section 12-7 "Bathing, swimming and wading prohibited in certain waters," and Section 12-
31 "Slow, No Wake Zones" of the Code of Ordinances, City of Corpus Christi, to prohibit
swimming, bathing, and wading in the navigable channel of Packery Channel and to
establish the portions of Packery Channel adjacent to developed areas along Packery
Channel as a slow, no wake zone; providing a repealer clause; providing a penalty; providing
for publication. (First Reading - 11/13/07)
Minutes — Regular Council Meeting
November 20, 2007 — Page 13
The foregoing ordinance was passed and approved on its second reading as amended with
the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, hare, and
Martinez, voting "Aye".
Mayor Garrett opened discussion on Item 28 regarding abandoning and vacating a portion of
the Eden Lane public street right -of -way. City Manager Noe said there was a request by Council to
provide the approach used to determine fair market value. Deputy Director of Development Services
Johnny Perales provided a brief overview of the calculation of fair market value
Council members asked questions regarding whether the property owner could be
responsible for the road maintenance and the reasons that no value was placed on Eden Lane.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
28. ORDINANCE NO. 027500
Abandoning and vacating a 30,887.54-square foot portion of the Eden Lane public right -of-
way, out of Lots 3, 3A, 4 and 5, Ehlers Garden Tracts, located east of the McBride Lane
street right -of -way, and north of 1H -3; subject to compliance with the specified conditions.
(First Reading -11 13/07)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Garrett, Cooper, Elizondo, Kelly, Leal, Marez, and Martinez, voting `Aye "; Hummell
and McCutchon voting "No".
Mayor opened discussion on item 30 regarding funding for beach clean -up. Director
of Parks and Recreation sally Gavlik presented this item and explained that the resolution is to help
receive additional funding from the Texas General Land Office forbeach cleaning and to establish
an education program.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
30. RESOLUTION r NO. 027505
Resolution requesting Mayor Henry Garrett to send a Letter of Intent to the Texas General
Land Office for the funding of the importance of beach clean -up; directing the City Secretary
to send a certified copy of the resolution to the Texas General Land Office; providing for
findings of fact and providing for an effective date.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Eliondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye".
Mayor Garrett referred to Item 31 regarding a briefing on the Bond 2008 Process. City
Manager Noe referred to a powerpoint presentation on the key policy issues including the process;
overall schedule; bond categories* financing plan assumptions; funding for utility relocations and
upgrades; and current status.
Minutes — Regular Council Meeting
November 20, 2007 — Page 14
Council Members asked questions regarding whether the debt capacity will be affected by
economic growth; if there is street work that can be done without utility funding; infrastructure
replacement; and utility upgrades.
Mayor Garrett referred to Item 32 regarding the development of the Low Income Utility
Program. Director of Financial Services Cindy O'Brien introduced the program team including
Assistant Director of Financial Services Michael Barrera; Utility Business Office Manager Terri
Chapa; Supervising Accountant Martha Messer; and Resolution Supervisor Elizabeth Zapata.
Ms. O'Brien referred to a powerpoint presentation including the objective of the low income
utility program; justification for low income program; steps to develop the program; 2007 Federal
Poverty Guidelines; the estimated number of households at or below the poverty level; estimated
eligibility; assessment of need; types of programs; feasible program options; programs offered in
other cities; implementation and administration; additional considerations; and next steps.
Council members asked questions regarding subsidy charges; estimated additional costs to
other residential customers; determination of eligibility; the impact of the programs; the fiat rate
discount; funding alternatives; the emergency repair program; and criteria and funding for temporary
assistance.
* * * * * * * * * * * * *
There being no further business to come before the Council, Mayor Garrett adjourned the
Council meeting at 5 :46 p.m. on November ber 20, 2007.
* * * * * * * * * * * * *
2
a. C.C. A U FER STORAGE AND RECOVERY CONSERVATION DISTRICT —
Three (3) vacancies with terms to 12-3-08 and 12 -1341.
DUTIES: To develop and protect municipal aquifer storage areas created by the City of
Corpus Christi. The district may implement and develop aquifer storage and recovery
prof ects.
COMPOSITION: Fire directors appointed by the City Council to serve staggered
four-year terms. If a vacancy occurs on the boar& the board n appoint a , director to
serve the remainder of the term. The board shall annuall elect officers and officers must
be
confirmed he initial directors shall draw lots to determine which
three (3) directors shall serve four -year terms that expire at the end of the calendar year
four years after the effective date of the Act, and which two directors shall serve two -year
terms that expire at the end of the calendar year two years after the effective date of the
Act.
ORIGINAL
MEMBERS TERMS AT, DATES
Max Castaneda 1243-08 12-13-05
Eduardo Garana 12-13-07 12-13-05
Oscar Martine 12-13-08 12-13-05
Ron Massey 12-13-07 12-13-05
Vacant 12-13-08
(Note: City Manager Noe recommends the appointments of Fred Segundo, Airport
Director, Angel Escobar, Interim Assistant City Manager, and Margie Rose, Assistant
City Manager.)
b. CORPUS CHRISTI REGIONAL_ ECONOMIC DEVELOPMENT
CORPORATION — One (1) vacancy with three -year term to 12-31-10.
DUTIES: To perform as an advisory board to the City Council and to investigate and
recommend to the Council such projects as in its opinion would be advantageous to the
future growth of the City and to assist the City in the establishment and location of
industri
(Note: The Corpus Christi Regional Economic Development Corporation is
recommending the reappointment of Gene Guernsey.)
ATTENDANCE RECORD of MEMBER SEEKING REAPPOINTMENT
NAME
Gene Guernsey (City)
NO. OF MTGS. NO. % OF ATTENDANCE
THIS TERM PRESENT LAST TERM YEAR
12 11 92%
OTHER INDIVIDUALS EXPRESSING INTEREST
Cliff Atnip
David Berlanga
Gerald W. Brown, Sr.
Rodney Buckwalter
Partner/Real Estate. Cobb, Lundquist and Atnip.
Received B.A. in Finance from Baylor University.
Member of the Rotary Club and Toastmasters. (9/5/07)
FinacerManagreeloerC, Maker Capital
Group, Fung Shui Lounge, Sang &Dav LLC, and American
Builders. Received Bachelors Degree from University of
Texas, Austin and currently working on Masters of Public
Administration City Management, Texas State University.
Activities include: Habitat for Humanity, Organizer for
Hispanics Organized for Public Education (HOPE), and
Social Director for Zeta Psi. (9-18-07)
Vice President/Senior Analyst, RSI & Associates, Inc.
Received degree's in Economics and Finance from
Northern Virginia. Activities include: Second Baptist
Church Drama Director, History Committee and
Benevolence Committee, Board member of Wounded
Christian Ministries and volunteer for Nueces County
Chapter of the Republican National Committee.
(8/30/07)
Manager, Quality and Performance Improvement, First
Data Corporation. Received A.A. from Del Mar College,
13.A. and M.S. from Texas A & M University — Corpus
Christi. Activities include: Member of American Society
for Training and Development and Texas AM
University — Corpus Christi Alumni Association, and is a
Del Mar College Hall of Fame Inductee (8-30-07)
David Cadena
Robert Cagle
Dr. Haysam Dawod
Jeff Edmonds
Dr. George H. Fisher
Mary Jane Garza
Art Granado
Vice President - Credit Products Underwriter, Bank of
America. Received B.A. from Texas A & M University
Corpus Christi. Activities include: C.C. Hispanic
Chamber of Commerce and the PDAP Fundraiser. (9-4-
07)
Vice President- Turnaround Division, Repcon, Inc.
Received B.S. in Engineering Science and Mechanics and
M.A. in Business Administration. Member of the Rotary
Club of Corpus Christi. - (9/5/07)
Self - Employed, Dentist. Received BS from Corpus
Christi State University and Doctor of Dental Surgery
from University of Texas, Dental Branch, Houston,
Texas. Activities include: American Dental Association,
Corpus Christi Evening Rotary Club, and Volunteer
Dentist for Clinca Corpus Christi - Guatemala. Graduate
of Leadership Corpus Christi, XXLX. (8-30-07
Branch Manager, URS Corporation, Received BS in
Civil Engineering and Master of Engi
Paul Grivich
Owner, Grivich Research Company. Received Barchelor
of Science Degree from Sam Houston State University.
Activities include: Board of Directors of Nueces County
Appraisal District, Former Board of Directors of City of
Corpus Christi Board of Adjustment, and Hispanic
Chamber of Commerce. (11-27-07
Chris Hamilton Vice President, KIM Commercial, ial, Inc. Received
Bachelors of Science — Construction Science from Texas
A &M College Station. (1-10-07)
R. Bryan Johnson Self- employed, Real Estate Broker. Received B.S. in
Applied Sociology from Texas State University and
pursuing M.A. from Texas A & M — Corpus Christi to
become a Certified Commercial Investment Manager.
Interested in serving the community. (9-25-07)
Jerry Lipstreu Area Manager, Kleinfelder. B.A. in Botany at University
of Texas, Austin. Activities include: Associated Builders
and Contractors Board Member and West Corpus Christi
Rotary Member. (9-19-07)
Adam Nuse Director of Group Sales, Corpus Christi Hooks.
Received Bachelors in Business Marketing from
University of Oklahoma and Masters in Sports
Management from Wichita State University. Activities
include: Leadership Corpus Christi, USO of South Texas
--- Board of Directors, and American Red Cross Board of
Directors. (9-1-07)
Sergio Omelas
John W. Owen
President, Ornelas Construction Group, Inc. Served in
the United States Marine Corp. Activities include:
former member of the Hispanic Contractors, former Vice
President of HCA de Tejas and current member of the
Associated Builders and Contractors. (9-19-07)
President/CEO, Goodwill Industries of South Texas, Inc.
Received B.S. in Education from the University of
Wisconsin and Goodwill Industries International Executive
Training Program. Activities include: Southside Rotary
Club, Karen E. Henry Foundation for Accessible Housing,
Texas Association of Goodwill Industries and Leadership
C.C. Alumni. (9-26-07)
Richard Pulido
Regional Superintendent Business Development Officer,
Space and Warfare Gormand. Received BS, Business
Management from Park University and currently
pursuing Management Graduate Degree at Embry- Riddle
University, Retired Chief United States Navy. Activities
include: Senior Deacon and Chairman — Master Plan
Committee at Real Life Fellowship. (618-O7)
Reagan Sahadi Associate Attorney, Donnell, Abernethy & Kieschnick.
Undergraduate in Business from St. Edward's University.
Received Law Degree from University of Houston.
Activities include: Young Lawyers and Corpus Christi
Bar Association. (8-24-07)
Latrice M. Sellers Department Head FSMI , Texas Department of Criminal
Justice. Received A.A. in Communications from Del Mar
College. Activities include: Steering Committee for
Flour Bluff I. S.D. Educational Foundation, cable access
show "Community Outreach", and State Democratic
Executive Committee for Women. (8-30-07
Michael Shooshan Self-employed. Received an Associate's degree and
currently pursuing a Bachelor's in Engi
c. NORTH PADRE ISLAND DEVELOPME1 T' _CORP AT1 N — Up to five (5)
vacancies with two -year terms to 12-31-09.
DUTIES: To manage the Reinvestment Zone No. Two and implement the project and
financing plan.
COMPOSITION: Not less than five nor more than nine (9) directors, appointed by
the City Council. Each initial Director shall serve a term that expires on December 31,
2002; thereafter, terms are two years. Each director must be a resident and qualified
elector of the city. Each Director shall serve until a successor is appointed. Any director
may be removed from office at any time, with or without cause, by the City Council of
the City.
MEMBERS TERM
Mark Scott, Vice President 12-31-07
Henry Garrett 12 -31 -07
Brent Chesney 12-31-07
John Mare 12-31-08
Melody Cooper 12-31-07
Jerry Garcia 12-31-07
Rex A. Kinnison 12-31-08
Anna M. Flores 12 -31-08
Jesse Noyola 12-31-08
*Terms are due for Mark Scott, Henry Garrett, Brent Chesney, Melody Cooper, and .fiery
Garcia.
d. WATERSHORE AND BEACH ADVISORY COMMITTEE — Nine vacancies
with terms to 12 -11 -09 representing the following categories: 1 — scientist, i
Gilbert Landin
Jerry Lipstreu
Jimmy Mitchell
Joanna Mott
Raymond Symons
Robert Thomas
CEO, Mindgames Computer Services. Received BS in
Biology from Corpus Chri
ENGINEER (One vacancy)
Chris Burnett
Robert Cagle
Neil McQueen
Robert Thomas
Environmental Engineer, Celanese. Received BS and MS
in Environmental Science. Activities include: Former
Water Shore Advisory Committee Member, Chair of
Surfrider Foundation and Publications of Environmental
Work. (11-5-07)
Vice President of Turnaround Division, Repcon, Inc.
Received BS in Engineering Science and Mechanics from
North Carolina State University and Masters of Business
Administration from Lamar University, Beaumont.
Activities include: Former Water Shore Advisory
Committee Member and Rotary Club of Corpus Christi.
(9-21-07)
Self- Employed, Environmental, Health and Safety
Consultant. Received B.S. in Engineering Technology
from Texas AEM University, College Station and a
Certificate in Hazardous Materials Management from
University of California, Santa Cruz. Activities include:
Chairman of Texas Coastal Bend Chapter - Surfrider
Foundation, Member of Beach Access Coalition.
Previously served on North Coast Beaches Advisory
Council in Santa Cruz County, California, (9-14-07)
Coastal Engineer, R Shi
Jake Herring
Jim Needham
David New stead
Jeffrey Pollack
Hal Suter
Project Manager, Coastal Bend Bays and Estuaries
Program. Received B.S. in Recreation, Parks and Tourism
Science from Texas A &M University, College Station.
Activities include: Board Member of the Coastal Bend
Bays Foundation, Committee Member of the Corpus
Christi Ducks Unlimited Chapter, Board Member of the
Corpus Christi Chapter of Coastal Conservation
Association, Middle School Youth Fellowship, First United
Methodist Church and an Eagle Scout. (9-24-07)
Dean, Texas A &M University-Corpus Christi. Received
BS and MS in Construction Management and Ph.D. in
Architecture with Coursework i
HOTEL OR CONDOMINIUM OWNER (One vacancy)
John Fisher
JoAnn Gilbertson
Rakesh Patel
Linda Walsh
Retired. Vice-President, Fortuna Bay Company, LLC.
Owner of Condo's on North Padre Island. Received B.S.
from Texas A &M University, College Station. Activities
include: President of Padre Island Property Owners
Association and Elder at Zion Lutheran Church. Former
President of Robstown Rotary Club, Northwest Business
Association and Member of National Guard Association of
Texas Board of Directors. 11-7-07)
Owner/Manager, villa Del Sol. Graduated from Detroit
Lakes College, Detroit Lakes, Minnesota and Realtor
Institute, Fargo, North Dakota and Hospice Education
Series. Activities include: Board Member of villa Del Sol.
(10-30-07)
Regional Director of Operations, U.S Hospitality, Ltd.
Received B.S. in Computer Engineering from University of
California, Berkeley and MS i
John Trice
CITIZENS
President, Frost Bank. Activities include: Chairman Elect
- Corpus Christi Convention and Visitors Bureau, Chairman
Nueces County Park Board, and Padre Island Business
Association. Past member of Corpus Christi Yes, Padre
Island Zoning Overlay District and Chamber of Commerce
Committee on the Coastal Management Plan. (1140-07)
- (FOUR VACANCIES - NOTE: ALL OF THE APPLICANTS FOR THE
SPECIFIC CATEGORIES ALSO QUALIFY FOR THE CITIZEN SLOTS)
Marie Adams
Carl Badalich
Richard Bell
Robert Forest
Senior Landmanager, Esenjay Petroleum Corporation.
Received BA from University of Texas, Austin. Activities
include: President of Corpus Christi Concert Ballet and
Advisory Board for Coastal Bend Alcohol and Drug Rehab
Center "Charlies Place ". Past President of Corpus Christi
Association of Professional Landmen. (8-10-07
Owner, Carl Badalich and Associates. Received BS in
Education. Registered Health Underwriter. Activities
include: Lions Club, Tod Hunter's Coastal Commission,
Chair of Adhoc Animal Control Dune Committee, and Vice
Chair of Coastal Management Committee. Recipient of
Million Dollar Round Table Award, Leaders Club, and Top
Producer. (9-21-07)
Owner/Senior Captain, Coastal Bend Yacht Services.
Retired United States Navy. Received Bachelors Degree in
Management from Excelsior College. Currently a Graduate
Student at Texas A &M University in Accounting.
Licensed Merchant Marine Master. Activities include:
Member of Sunrise Rotary Club and Serves on Building
and Grounds Committee for YWCA. Recipient of
Numerous Military Awards and Decorations. (3-20-07)
Self - Employed, Real Estate Broker. Received BS in Public
Relations and Communications from Boston University and
MS Systems Analysis from University of Southern
California. Activities include: La Posada Boat Parade,
American Cancer Society Volunteer, Padre Island Yacht
Club, and Citizen's University. (12-4-07
Kyle Garrison
Business Consultant, Asset Development. Received B.A.
in Political Science from University of North Texas.
Activities include: Member of Coastal Texas 20/20 —
Texas General Land Office and Padre Island Business
Association. Former District Director for United States
Congressman Jim Chapman and Chief of Staff for Senator
David Bemsen. (11-12-07)
Robert Bryan Johnson Self - Employed. Received degree from Texas State
r
University, San Marcos and Currently Working on MBA at
Texas A &M University- Corpus Christi. Activities include:
National Association of Realtors. (9-25-07
Ed Labay
Victor Menard
Leo Rios
Canie Robertson
Michael Shooshan
Vice President, ALCM, Received BS in Building
Construction from Texas A&M University. Activities
include: Windsor Park PDM Committee. (9-24-07)
Taxpayer Liaison Officer, Nueces County Appraisal
District. Retired, United States Navy, Master Chief Air
Traffic Controller and Viet Nam Veteran. Activities
include: Former Water Shore Advisory Committee
Member -- Vice Chair, AARP, Mayor's Fourth of July
Committee, Bayfest, Boys and Girls Club of Corpus
Christi, Habitat for Humanity, and Fling Hills Community
Action Advisory Council. Recipient of the "Positive Place
Award ". (9-13-07
Realtor, Remax Metro Properties. Activities include:
Knights of Columbus, Hispanic Chamber of Commerce,
Board of Directors of Coastal Bend Immigration Counsel,
and Texas Political Action Committee. (9-25-07)
Owner /Operator, Third Coast Photo & Web. Received
Bachelors of Art in Photojournalism from University of
Texas, Austin. Activities include: Member and Newsletter
Editor of Corpus Christi Beach Association, Member and
Webmaster of Corpus Christi Windsurfing Association, and
Adopt A Spot. (10-9-07)
Self - employed. Received an Associate's degree and
currently pursuing a Bachelor's in Engineering. President
of Oak Park Neighborhood Association and Neighborhood
Watch Program. Participant in Citizen's Police Academy.
(9-14-07)
Attorney/Partner, Snapka, a, 'Turman & Waterhouse, L.L.P.
Received B.S. in Criminal Justice from Texas Christian
University and J.D. from University of Houston Law
Center. Activities include: Weekend Regatta Chairman for
Corpus Christi Midget Ocean Racing Fleet M 1 F , Life
Fellow in The Texas Bar Foundation, 'Texas Trial Lawyers
Association, and State Bar of Texas. (114-07)
3
Requested Council Date: 12/11/07
Alternate Date: 12/18/07
COUNCIL MEMORANDUM
RECOMMENDATION: Motion approving the purchase of seven (7) heavy trucks and lease
purchase of ten 10 heavy trucks from the following companies for the following amounts based on
low bid in accordance with Bid Invitation No. BI-0025-08 for a total amount of $1,300,656. The
vehicles will be used by the Gas, Park Maintenance, Street, Solid Waste, Wastewater, and Water
Departments. All seventeen units are replacements to the fleet. Funding is available i
Funding (continued)
Heavy Trucks -Lease Purchase
Street Department
Bid items 1,2,&8
530190- 1020 -12430 FY07 08 months) $23,219.40
Capital Outlay Line Item 1o.: 2, 4 & 5
Six heavy trucks will be funded through the City's lease purchase
financing agreement for a sixty month period. The estimated interest
rate is 3.6%. The actual interest rate will be determined after acceptance
of the vehicle.
The estimated annual payment is $92,877,60. Total estimated cost
over the sixty month period, including principal of $424,411.00
and interest of $39,977.00, is $464,388,00.
Heavy Trucks — Lease Purchase
Solid Waste Fund
Bid item 3
530190-1020-12510 FY 07/08 (3 months) $17,559.84
Capital Outlay Line item Nos.: 10 & 11A
Four (4) heavy trucks will be funded through the City's lease purchase
financing agreement for a sixty month period. The
estimated interest rate is 3. %. The actual interest rate will be
determined after acceptance of the vehicle.
The estimated annual payment is $70,239,36. Total estimated cost
over the sixty month period, including principal of $320,964.00
and interest of $30,232,80, is $351,196.80.
The amount of funds shown above are the funds budgeted for lease
payments for FY 2007 -2008. Funds will be requested by the using
departments for FY 2008 -2009 and all subsequent budget years during
the normal budget process.
Michael arrera
Assistant Director of Financial Services
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4
Requested Council Date: 11/13/07
Alternate Date: 11/20/07
COUNCIL MEMORANDUM
RECOMMENDATION: Motion approving the purchase of two (2) vactor trucks and the lease -
purchased of one (1) refuse truck from Grande Truck Center, of San Antonio, Texas in the
amount of $708,964, The award is based on the cooperative purchasing agreement with the
Texas Local Government Purchasing Cooperative (TLGPC). These units are replacements to the
fleet and will be used by the Storm Water, Wastewater and Solid Waste Departments, Funding
is available from the FY 2007 -2008 capital outlay budget in the Maintenance Services Fund and
the operations budget of the Solid Waste Department. Financing for the refuse truck will be
provided through the City's lease- purchase financing program.
Purpose:
Basis of Award:
Price Comparison:
Funding:
The vactor trucks will be used by the Wastewater and Storm Water
Departments. They are used to clean out sewer collection main lines
and storm water manhole inlets, respectively. The rear packer refuse
truck will be used by the Solid Waste Department to pick up trash.
These units are replacements to the fleet.
The vehicles will be purchased through the cooperative purchasing
agreement with the TLGPC. TLGPC is administered by the Texas
Association of School Boards (TASK) and co- sponsored by the Texas
Municipal League (TML) and the Texas Association of Counties
(TAC). TLGPC acts as an independent agency awarding exclusive
cooperative purchasing contracts for its members.
The City purchased a similar vactor truck for the Wastewater
Department in FY 6 '7 with a unit price of $264,509. The current
unit price is $263,011. The City has not purchased a rear packer
refuse truck in over ten years.
Vactor Truck - Purchase
Maintenance Services - Wastewater
550020-5110-40120
Capital Outlay Item No. 60
Vactor Truck — Purchase
Maintenance Services — Storm Water
550020-5110-40120
Capital Outlay Item No. 29
Amount J
$253,411
269,955
xs)
Total $532,966
Vc m)
fir
Refuse Truck - Lease Purchase
Solid Waste Services
102042510-530190 Y07 8 (4 months) $12,838.40
Capital Outlay Item No. 11
The refuse truck will be funded through the City's lease - purchase
financing agreement for a sixty -month period. The estimated interest
rate is 3.6%. The actual interest rate will be determined after
acceptance of the vehicle.
The estimated annual payment is $38,515.20. Total estimated cost
over the sixty -month period, including principal of $ 175,998 and
interest of $1 6,578, is $ 192,576.
The amount of funds shown above are the funds budgeted for lease
payments for FY 2007 -2008. Funds will be requested by the using
department for FY 2008 -2009 and all subsequent budget years during
the normal budget process.
Michael Barrera
Assistant Director of Financial Services
11 P.1 WAY
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5
Requested Council Date: 12/11/07
Alternate Date: 12/18/07
COUNCIL MEMORANDUM
(A) ORDINANCE: APPROPRIATING $162,000 SUBJECT TO RECEIPT OF FUNDS
FROM THE SALE of USED GOLF CARTS IN THE GOLF CENTER FUND NO.
4690 FOR PROCUREMENT OF 140 GOLF CARTS; CHANGING THE FY 07-08
OPERATING BUDGET ADOPTED BY ORDINANCE NO. 027352 BY
INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $162,000,
EACH; AND DECLARING AN EMERGENCY.
(B) Recommendation: Motion approving the purchase of 30 golf carts from E-Z-Go/
Textron /Southwest, Hurst, Texas based on only bid, for the total amount of $99,960
Funding is available in the Golf Center Fund.
(C) Recommendation: Motion approving lease purchase of 110 golf carts from E-Z-Go/
Textron /Southwest, Hurst, Texas based on only bid, for the total amount of $366,520
Funding will be provided by the City's lease purchase financing contractor.
Grand Total (B) (C): $466,480
Purpose: The golf carts will be used at the Gabe Lozano and Oso golf courses.
The 140 golf carts will replace the complete fleet owned by the City.
Bid Invitation Issued: Six
Bids Received: One
Price Analysis: When compared to the previous bid in 2003, pricing has increased by
11 %.
Award Basis: Only bid
Funding:
Recommendation (B)
Funding for 30 golf carts will be provided from the sale of the existing
fleet. The bid included a requirement to purchase the existing fleet of
used golf carts as a cash payment (cashiers check) to the City. This
allows the City to pay off the existing debt owed on the golf carts and
use the balance of the payment to purchase carts outright. The bid for
145 used carts is $ 162,000. The payoff on the used golf carts at the
time of delivery of the new carts is estimated at $60,000. The balance,
$102,000, will be used to purchase 30 of the 140 carts required.
Golf Centers Fund
4690-35200-550020 $49,980
4690-35210-550020 49980
Total: $99,960
Recommendation n (C)
Funding for 110 golf carts will be provided through the City's
lease /purchase financing agreement for a sixty-month period. The
estimated interest rate is 3,6 %. The actual interest rate will be
determined after acceptance of the vehicles,
The estimated annual payment is $80,208,72, Total estimated cost
over the sixty-month period, including principal of $366,520 and
interest of $34,523,60 is $4Q1,043.60.
Parks and Recreation Department
Gabe Lozano Golf Center
530190 - 4690 -35200 (7 months)
$23,394.21
Oso Golf Center
530190-4690-35210 7 months) 23,39 .21
Total: $46,788.42
Mic 1 Barrera
ssi} tart Director of Financial Services
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
BUYER: MARIA GARZA
Date : December 11, 2007
ITEM DESCRIPTION
QTY
BID INVITATION NO. B1-0021-08
GOLF CARS
IEZ GO/TEXTRON/SOUTHWEST
HURST, TEAS
UNIT PRICE TOTAL PRICE
1.1
Recommendation B - Purchase
Electric Golf Carts in accordance with
Specifications No. 1126. 36 Volt System, with
3 year warranty.
Recommendation - Lease Purchase
2. Electric Golf Carts in accordance with
Specifications No. 1126. 36 Volt System, with
3 year warranty.
30
110
each
each
$3,332.00 $99,960.00
$3,332.00 $366,520.00
Total (B) (C) $466,480.00
Funding for 30 golf carts will be provided from the sale of the existing fleet.
The bid included a requirement to purchase the existing fleet of
used golf carts as a cash payment (cashiers check) to the City. This
allows the City to pay off the existing debt owed on the golf carts and
use the balance of the payment to purchase carts outright. The bid for
145 used carts is $162,000. The payoff on the used golf carts at the
time of delivery of the new carts is estimated at $60,000. The balance,
$102,000, will be used to purchase 30 of the 140 carts required
ORDINANCE
CE
APPROPRIATING $162,000 SUBJECT TO RECEIPT OF FUNDS
FROM THE SALE OF USED GOLF CARTS IN THE GOLF
CENTER FUND NO. 4690 FOR PROCUREMENT OF 140 GOLF
CARTS; CHANGING THE FY 07 -08 OPERATING BUDGET
ADOPTED BY ORDINANCE NO. 027352 BY INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS BY $162,000,
EACH; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE C1TY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. Subject to the receipt of funds from the sale of used golf carts, an
amount of $162,000 is appropriated in the Coif Center Fund No. 4690 for the
purchase of 140 golf carts.
SECTION 2. The FY 07-08 Operating Budget adopted by Ordinance No. 027352
is changed by increasing estimated revenues and appropriations by $162,000
each.
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 shall take effect upon first reading as an emergency this the 18th of
December, 2007.
ATTEST:
Armando Chapa
City Secretary
APPROVED E AS TO FORM: 06-Dec-07
By: C4
Ver nica Ocanas
Assistant City Attorney
for City Attorney
121807 ORD App Golf Carts
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
Corpus Christi, Texas
day of , 2007
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: Uwe, 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
Melody Cooper
Larry Eli ondo, Sr.
Mike Hummell
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
1 21807 ORD App Golf Carts
6
CITY COUNCIL
AGENDA MEMORANDUM
city Council Action Date: 1 2I1 112007
AGENDA ITEM:
A. Motion authorizing the City Manager or his designee to accept grant funding in the
amount of $1,999.1 from the Texas Department of Transportation for an Impaired
Driving Mobilization Selective Traffic Enforcement Project (STEP) grant for DWI
enforcement overtime within the Police Department with a City match of $5,957.01 and to
execute all related documents.
B. Ordinance appropriating $14,999.61 from the Texas Department of Transportation for
funding of an Impaired Driving Mobilization Selective Traffic Enforcement Project (STEP)
grant for DWI enforcement overtime within the Police Department in No. 1061 Police
Grants Fund; and declaring an emergency.
ISSUE: Because the state of Texas continues to lead the nation in the number of DWI deaths,
injuries and alcohol related crashes, funds are available to conduct a special Impaired Driving
Mobilization overtime enforcement program.
BACKGROUND INFORMATION: The State of Texas, Department of Transportation is providing
funding for a special impaired Driving Mobilization STEP for the period of December 1, Zoo
September 1, 2008 with focus on Christmas/New Years, Spring Break, Independence Day, and
Labor Day. The grant places overtime officers across the City with various hours of operation.
The goal of the grant is to make 60 DWI arrests during this time period.
REQUIRED ED COUNCIL ACTION: Accepting the grant and appropriating funds.
FUNDING: : Officers will be working on an overtime basis with the State providing % of the
salary and the city providing for fringe benefits and mileage.
CONCLUSION AND RECOMMENDATION: Staff recommends accepting the grant and
appropriating the funds.
Attachments:
TXDOT Contract
B.P. Smith
Chief of Police
City of Corpus Christi 2008
TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
Contract Number:
Charge Number:
PIN: 17460000574100
Project Year: 5th
THE STATE OF TEXAS
THE COUNTY F TRAVIS
THIS AGREEMENT IS MADE BY and between the State of Texas, acting by and through the
Texas Department of Transportation, hereinafter called the Department and the,
City of Corpus Christi
hereinafter called the Subgrantee, and becomes effective then fully executed by both parties. For
the purpose of this agreement, the Subgrantee is designated as a(n)
Local Government
AUTHORITY: Texas Transportation Code, Chapter 723, the Traffic Safety Act of 1967, and the
Highway Safety Performance Plan for the Fiscal Year 2008.
Project Title: STEP - Impaired Driving Mobilization
Grant Period: This Grant becomes effective on 12/01/2007 Or on the date of final signature of both
parties, whichever is later, and ends on 09/30/2008 unless tcrminated or otherwise modified.
Amount Eligible for Reimbursement TxD T : $14,999.61
Match Amount:
Program Income
Total: $20,956.62
1 11/16/2007
City of Corpus Christi 2008
TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
The signatory of the Su g r ntee hereby represents and warrants that she/he i
City of Corpus Christi 2008
GENERAL NF RMA I
Project Title: STEP - IDM
Project Description: To conduct DWI Enforcement Waves during holiday
periods to increase DWI arrests and earned media activity as part of
the statewide "Drink. Drive. Go To Jail" campaign and in conjunction
with the National Impaired Driving Mobilization campaign.
How many years has your organisation received funding for this project?
This wi.l be our fifth or more year.
Organization Address:
City of Corpus Christi Police
Department
P. O. Box 9016
Mailing Address (if different) :
Project Director Contact Information: Pat Eldridge
Police Administration Manager
P. 0. Box 9016
Corpus Christi, TX 78412
TxDOT 3 11/16/2007
City of Corpus Christi 2008
TXDOT
Texas Traffic Safety Program
GRANT AGREEMENT GENERAL TERMS AND CONDITIONS
ARTICLE 1. COMPLIANCE WITH LAWS
The Subgrantee shall comply with all federal, state, and local laws, statutes, codes, ordinances, rules and
regulations, and the orders and decrees of any courts or administrati
2008
City of Corpus Christi
ma y affect the project include: the National Environmental Policy Act of 1969, as amended, 42 USC
4321 et seq.; the Clean Air Act, as amended, 42 USC §§7401 et seq. and sections of 29 USC; the
Federal Water Pollution Control Act, as amended, 33 USC § §1251 et seq.; the Resource Conservation
and Recovery Act, as amended, 42 USC §§6901 et seq.; and the Comprehensive Environmental
Response, Compensation, and Liability Act, as amended, 42 USC §§9601 et seq. The Subgrantee
also recognizes that the I.J.Q. Environmental Protection Agency, USDOT, and other federal agencies
have issued, and in the future are expected to issue, regulation, guidelines, standards, orders,
directives, or other requirements that may affect this Project. Thus, it agrees to comply, and assures
the compliance of each contractor and each subcontractor, with any such federal requirements as the
federal government may now or in the future promulgate.
J. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973, 42 USC §4012a a . Section 102(a) requires, on and after March 2, 1975, the
purchase of flood insurance in communities where such insurance is available as a condition for the
receipt of any federal financial assistance for cons uction or acquisition purposes for use in any area
that has been identified by the Secretary of the Department of Housing and Urban Development as an
area having special flood hazards. The phrase "federal financial assistance" includes any form of
loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any
form of direct or indirect federal assistance.
K. It will assist the Department in its compliance with Section 106 of the National Historic Preservation
Act of 1966 as amended (16 USC 470 et seq.), Executive Order 11593, and the Anti
City of Corpus Christi 2008
If the overrun is five (5) percent or less, the Subgrantee must provide written notification to the
Department, though the TxD T Electimic Grants Management System (eGrants ) messaging system,
prior to the Request for Reimbursement bung approved. The notification must indicate the amount,
the percent over, and the specific reason(s) for the overrun.
Any overrun of more than five (5) percent of the amount eligible for reimbursement (TxDOT) in the
attached Project Budget requires an amendment of this Grant Agreement
The maximum amount eligible for reimbursement shall not be increased above the Grand Total
TxDDT Amount in the approved Project Budget, unless this Grant Agreement is amended, as
described in Article 5 of this Agreement.
For Selective Traffic Enforcement Program (STEP) grants only: In the Project Budget, Subgrantees
are not allowed to use under= funds from the TxDDT amount of (100 ) Salaries, Subcategories A,
"Enforcement," or B, "PI&E Activities," to exceed the TDT amount listed in Subcategory C,
"Other." Also, Subgrantees are not allowed to use undernm funds from the TxDDT amount of (1 00)
Salari
City of Corpus Christi 2008
T D T
ARTICLE 4. LIMITATION OF LIABILITY
Payment of costs incurred hereunder is contingent upon the availability of fiords. If at any time during
this Grant Period, the Department determines that there is insufficient funding to continue the project, the
Department shall so notify the Subgrantee, giving notice of intent to terminate this Agreement, as
specified in Article 11 of this Agreement. If at the end of a federal fiscal year, the Dent determines
that there is sufficient funding and performance to continue the project, the Department may so notify the
Subgrantee to continue this agreement.
ARTICLE 5. AMENDMENTS
This Agreement may be amended prior to its expiration by mutual written consent of both parties,
utilizing the Grant Agreement Amendment in eGrants. Any amendment must be executed by the parties
within the Grant Period, as specified in this Grant Agreement.
ARTICLE 6. ADDITIONAL WORK AND CHANGES IN WORK
If the Subgmntee is of the opinion that any assigned work is beyond the scope of this Agreement and
constitutes additional work, the Subgrantee shall promptly notify the Department in writi
City of Corpus Christi 2008
The Subgrantee shall submit the Final Performance Report through eGrants within thirty days after
completion of the grant.
The Subgrantee shall promptly advise the Department in writing, through eGrants messaging, of events
that will have a significant impact upon this Agreement, including:
A. Problems, delays, or adverse conditions, including a change of project director or other changes in
Subgrantee personnel, that will materially affect the ability to attain objectives and performance
measures, prevent the meeting of time schedules and objectives, or preclude the attainment of project
objectives or performance measures by the established time periods. This disclosure shall be
accompanied by a statement of the action taken or contemplated and any Department or federal
assistance needed to resolve the situation.
B. Favorable developments or events that enable meeting time schedules and objectives sooner than
anticipated or achieving greater performance measure output than originally projected.
ARTICLE & RECORDS
The Subgrantee agrees to maintain all reports, documents, papers, accounting records, books, and other
evidence pertaining to costs incurred and work performed hereunder, (hereinafter called the records), and
shall make such records available at its office for the time period authorized within the Grant Period, as
specified in this Grant Agreement. The Subgrantec further agrees to retain said records for four years
from the date of final payment under this Agreement, until completion of all audits, or until pending
litigation has been completely and fully resolved, whichever occurs last.
Duly authorized representatives of the Department, the USDOT, the Office of the Inspector General,
Texas State Auditor, and the Comptroller General shall have access to the records. This right of access is
not limited to the four year period but shall last as long as the records are retained.
ARTICLE 9. INDEMNIFICATION
To the extent permitted by law, the Subgrantee, if other than a government entity, shall indemnify, hold,
and save harmless the lent and its officers and employees from all claims and liability due to the
acts or omissions of the Subgrantee, its agents, or employees. The Subgrantee also agrees, to the extent
permitted by law, to indemnify, hold, and save harmless the Department from any and all expenses,
including but not limited to attorney fees, all court costs and awards for damages incurred by the
Department in litigation or otherwise resisting such claims or liabilities as a result of any activities of the
Subgrantee, its agents, or employees.
Further, to the extent permi
City of Corpus Christi 2008
Disputes concerning performance or payment shall be submitted to the Department for settlement, with
the Executive Director or his or her designee acting as final referee.
ARTICLE 11. TE RAT ION
This Agreement shall remain in effect until the Subgrantee has satisfactorily completed all services and
obligations described herein and these have been accepted by the Department, unless:
• This Agreement is terminated in writing with the mutual consent of both parties; or
• There is a written thirty (30) day notice by either party; or
• The Department determines that the performance of the project is not in the best interest of the
Department and informs the Subgrantee that the project is terminated immediately.
The Dent shall compensate the Subgrantee for only those eli
City of Corpus Christi 2008
Any person doing business with or who reasonably speaking may do business with the Department under
this Agreement may not make any offer of benefits, gifts, or favors to Department employees, except as
mentioned here above. Failure on the part of the Subgantee to adhere to this policy may result in
termination of this Agreement.
ARTICLE I. NONCOLLUSION
The Subgrantee warrants that it has not employed or retained any company or person, other than a bona
fide employee working solely for the Subgrantee, to solicit or secure this Agreement, and that it has not
paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission,
percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or
making of this Agreement. If the Subgrantee breaches or violates this warranty, the Department shall
have the right to annul this Agreement wi
City of Corpus Christi 2008
funds shall, at the option of the Department, become the property of the Department. All sketches,
photographs, calculations, and other data prepared under this Agreement shall be made available, upon
request, to the Department without restriction or limitation of them further use.
A. Intellectual property consists of copyrights, patents, and any other form of intellectual property rights
covering any data bases, software, inventions, training manuals, systems design, or other proprietary
information in any form or medium.
B. All rights to e tme nt. The Department shall own all of the rights (including copyrights, copyright
applications, copyright renewals, and copyright extensions), title and interests i
City of Corpus Christi 2008
E. Sanctions for noncompliance: In the event of the Subgrantee's noncompliance with the
nondiscrimination provision of this Agreement, the Department shall impose such sanctions as it or
the US DOT may determine to be appropriate.
P. Incorporation of provisions: The Subgrantee shall include the provisions of paragraphs A. through E
in every subcontract, including procurements of materials and leases of equipment, unless exempt by
the regulati
City of Corpus Christi 2008
B. Where the Subgrantee is unable to certify to any of the statements in this Article, such Subgrantee
shall attach an explanation to this Agreement.
C. The Subgrantee is prohibited from making any award or permitting any award at any tier to any party
which is debarred or suspended or otherwise excluded from or ineligible for participation in federal
assistance programs under Executive Order 12549, Debarment and Suspension.
D. The Subgrantee shall require any party to a subcontract or purchase order awarded under this Grant
Agreement to certify its eligibility to receive federal grant funds, and, when requested by the
Department, to furnish a copy of the certification.
ARTICLE 25. LOBBYING CERTIFICATION
The Subgrantee certifies to the best of his or her knowledge and belief that:
A. No federally appropriated funds have been paid or will be paid by or on behalf of the Subgrantee to
any person for influencing or attempting to influence an officer or employee of any federal agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with the awarding of any federal contract, the making of any federal grant, the making
of any federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
B. If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any federal agency, a Member of
Congress, an officer or employee of Congress, or an employee of a (Member of Congress in
connection with this federal contract, grant, loan, or cooperative agreement, the party to this
Agreement shall complete and submit Standard Forrn -LLL, "Disclosure Form to Report Lobbying,"
in accordance with its instructi
City of Corpus Christi 2008
GOALS AND STRATEGIES
Goal: To increase effective enforcement and adjudication of
traffic safety - related laws to reduce fatal and serious
injury crashes
Strategies Increase enforcement of traffic safety- related laws.
Increase public education and information campaigns.
Goal: To reduce the number of DWI- related crashes, injuries, and
fatalities
Strategy: Increase enforcement of DWI laws.
I I agree to the above goals and strategies.
TxDOT 14 11/16/2007
City of Corpus Christi 2008
LAW ENFORCEMENT OBJECTIVE/PERFORMANCE MEASURE
1. Number and type citations /arrests to be issued under STEP
a. Number of DWI arrests to be made during the Christmas /New Year's
DWI Operation
b. Number of DWI arrests to be made during the Spring Break
DWI Operation
c. Number of DWI arrests to be made during the Independence Day
DWI Operation
d. Number of DWI arrests to be made during the Labor Day
DWI Operation
2. Total Number of Enforcement Hours for Entire Grant Period
Step Indicator
15
15
15
15
363
2.98
T D T 15 11/16/2007
City of Corpus Christi 2008
PILE OHJSCTIVB /PERFORMANCE MEASURE
1. Complete administrative and general grant requirements
a. Number of Performance Reports to be submitted
b. Number of Requests for Reimbursement to be submitted
2. Support Grant efforts with a public information and education (PI&E)
program
a. Conduct a minimum of one (1) presentation for each DWI
operation period
b. Conduct a minimum of two (2) media exposures (e.g., news
conferences, news releases, and interviews) for each DWI Operation
period.
c. Conduct a minimum of one (1) community event (e.g., health
fair, traffic safety booth) during the grant period
d. Produce the following number of public information and
education materials if applicable.
4
4
4
8
1
0
e. Distribute the following number of public information and 0
education materials if applicable.
TxDOT 16 11/16/2007
CO
0
0
0
0
Q
0
BENEFITS
w
H
tO
0
0
O
Law Enforcement Hours_ 363
Overtime 0 Regular Time -- - - -- - - - -- -- -
Total
rin e:
{YJ
0,
i-I1
ril
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0
itrk
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i o$
5120.341
0
{!).
0
O
o
4.
1
.r.6
$3,334.4].1
Total
Lp
TT
! ii-i
$3,334.41
Breakdown of Fringe Percentages: -- TMRS = 14.58%
FICA = 7.65%
Fringe . _ .
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Total
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11
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$54..32
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1 Salaries
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o
$541.32
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►. inforcement (overtime)
Officers / Deputies:
LSergeants:
'Lieutenants / Other:
B. Pita Activities (overtime) ...
?I &B Activities - - - ,
C. Administrative Duties
Grant paperwork for RFR
'Administrative Duties
Administrative Duties
Administrative Duties
'Administrative Duties
Administrative Duties
ri
p
4J
H
'
Catego
Salaries: 1
Fringe Benefits:
11/16/2007
City of Corpus Christi 2008
TRAVEL AND PER. DIEM : STEP ENFORCEMENT MILEAGE — 300
Miles 4230
Cost per mile $0.620
Total $2,622.60
TxDOT 18 11/16/2007
'Anount
Percentages
TxDOT
$ 0
0.0
Match
2 622.60
99.98%
Total
$2,622.60
TxDOT 18 11/16/2007
City of Corpus Christi
BUDGET
2008
Budget Category
TxDOT
Match
Total
Category 1 - Labor Costs
(100)Salaries
$14,999.61
$
$14 999.61
(200) Fringe Benefits
$0
$3,334.41
3 334.41
Category 1 sub -Total
-14 999.61
IIIIIIIIIIIIIIMIIIIIIIIIIIIIIIIMNIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIMIII
$
$3,334.41
$2 . 0
=18 334.02
2 622.60
Category 11 - Other Direct Costs
(300 )Travel.
(400)E. i•ment
$
(500) Su. •lies
1111111111111111111
0
(600)Contractual ervi es
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
0
(700) Other Miscellaneous
Category 11 Sub -Total
IIIIIIIIIIIIIIIIIim
=2 622.60
- 6 2. 0
Total. Direct Costs
=14 999.61
$5,957.01
$20 , 956.62
Category III - Indirect Costa
(800)Indirect Cost Rate
$0
Summary
Total Labor Costs
$14,999.61
$3 334.41
$18,334.02
Total Direct Costs
$0
$2 622.60
2 622.60
Total Indirect Costs
IIIIIIIIIIIIIIIIIII
$
Grand Total
:14 999.61
957.01
•
Fund Sources (Percent Share)
71.57%
28-43*
TxDOT 19 11/16/2007
City of Corpus Christi 2008
IEN OPERATIONAL PLAT
in I agree to the terms and conditions detailed on this page.
Comments:
Elite Description Jurisdiction Wide
Conduct focused DWI saturation patrols within
high risk locations during times when alcohol -
related crashes are most frequent
Conduct a minimum um of 4 nights of DWI enforcement
during each holiday period
Conduct pre and post earned media activities for
each holiday period
TxDOT 20 11/16/2007
City of Corpus Christi 2008
Pre -Media Campaign
Enforcement Period
Post -Media Campaign
Pre -Media Campaign
Enforcement Period
Post- Media Campaign
Pre- Media Campaign
Enforcement Period
Post-Media Campaign
Pre -Media Campaign
Enforcement Period
Post- -Media Campaign
Pre -Media Efforts Before
Enforcement Periods:
Enforcement Periods:
Post-Media Efforts After
Enforcement Periods:
hrss /New Year's Wave
December 11 - 20, 2007
December 21, 2007 - January 1, 2008
January 2- 11, 2008
Spring Break Wave
February 26, 2008 - March 6, 2008
March 7 - 23, 2008
March 24, 2008 - April 2, 2008
Independence Day Wave
June 17 -- 26, 2008
June 27 - 0, 2008
July 1 - 6, 2008
July 7 - 16, 2008
Labor Day Crackdown
August 5 - 14, 2008
August 15 - September 1, 2008
September 2 - 11, 2008
Description of Activities
Conduct local media events immediately before the
enforcement effort to maximize the visibility of
enforcement to the public. The media events tell
the public when, where, how and why impaired
driving laws are being enforced.
Intensify enforcement through coordinated
saturation patrols in an overtime STEP placing
primary emphasi
ORDINANCE
APPROPRIATING $14,999.B1 FROM THE TEXAS DEPARTMENT OF
TRANSPORTATION FOR FUNDING OF AN IMPAIRED DRIVING
MOBILIZATION SELECTIVE TRAFFIC ENFORCEMENT PROJECT
(STEP) GRANT FOR DWI ENFORCEMENT OVERTIME WITHIN THE
POLICE DEPARTMENT IN NO. 1067 POLICE GRANTS FUND; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CARPUS CHRISTI,
TEXAS:
SECTION 1. That $14,999.61 from the Texas Department of Transportation is
appropriated in the No. 1061 Police Grants Fund for funding of an impaired driving
mobilization Selective Traffic Enforcement Project (STEP) grant for DWI enforcement
overtime within the police department.
SECTION 2. That upon written request of the Mayor or five Council Members, the
City Council 1 finds and declares an emergency due to the need for immediate
action for the efficient and effective administration of City affairs; and, (2) suspends
that Charter rule which requires an ordinance to be considered and voted upon at two
regular meetings, so that this ordinance is passed and takes effect as an emergency
measure upon its first reading, this the 1 ith day of November, nber, 2007.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary Henry Garrett, Mayor
Approved as to form
2007
Joseph Harley
Assistant City Attorney
For City Attorney
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the attached ordinance, an
emergency exists requiring suspension of that Charter rule which requires an
ordinance to be considered and voted upon at two regular meetings. Therefore, Uwe
request that you suspend said Charter rule and finally pass this ordinance on the date
of its introduction, or at the present meeting of the City Council.
Respectfully, Respectfully,
Council Members
Henry Garrett
Mayor, City of Corpus Christi
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel!
el!
8111 Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael ael Ill Cutcho
7
CITV COUNCIL
AGENDA MEMORANDUM
AGENDA ITEM:
Date: December 11, 2007
A. Motion authorizing the City Manager or his designee to accept a grant in the amount of
$92,921.14 from the State of Texas, Criminal Justice Division to continue the Violence
Against Women Act (VAWA) grant within the Police Department for Year 8 with a city
cash match of $42741 , in -kind match of $$10,560 for a total project cost of $146,222.14
and to execute all related documents.
B. Ordinance appropriating $92,921.14 from the State of Texas, Criminal Justice Division in
the No. 1061 Police Grants Fund for funding available under the Violence Against
Women Act VA VA Fund, transferring $27,611 from the No. 1020 Cash contribution to
grants and appropriating it in the No. 1061 Police Grants Fund as grant matching funds,
and declaring an emergency.
ISSUE: Eighth year funding has been awarded from the State of Texas, Criminal Justice Division,
under the Violence Against Women Act (VAWA) that provides funds to projects with the primary
mission of reducing and preventing violence against women
BACKGROUND INFORMATION: The grant continues support for the Family Violence Unit that
utilizes officers and volunteers to contact family violence victims when a written report is made by
a field officer or from a walk -in to the unit at the Police Department. The grant funds two victim
case managers to contact victims who often fear retaliation and violence when the offender is
released following arrest; contact with an advocate (case manager) can provide information
concerning alternatives, available services, and protective orders to avoid continued violence.
The case manager serves to establish and encourage a working relationship between social
agencies and the Police Department and provides educational opportunities to the community
through speaking engagements, distribution of literature, etc. A Staff Assistant handles the
processing of Emergency Protective Orders.
The long term goal of the grant is to provide victims of domestic violence and other serious
crimes with crisis intervention, follow up assistance, encourage cooperation with law
enforcement, facilitate utilization of available resources, and assist with immediate and long -term
safety needs.
REQUIRED COUNCIL ACTION: Accepting the grant award.
PREVIOUS COUNCIL ACTION: Approval to submit the application on 5/15/07.
FUNDING: The grant provides partial salary and benefits for two Victim Case Managers and a full
time Staff Assistant. The State provides $92,921.14 and the City $53,301 which may be in -kind
or cash contribution. We are utilizing the volunteer hours from other agencies Child Protective
Services, Police volunteers, etc. to provide $10,560 toward the match. The City provides
S27,611 and the law enforcement trust provides $15,130 for training, travel, supplies and
miscellaneous equipment. The funding is not on a declining percentage or ending funding cycle.
CONCLUSION AND RECOMMENDATION: Staff recommends accepting the grant award.
Bryan P. Smith
Chief of Police
BACKGROUND INFORMATION
The corpus Christi Police Department has received funds to establish a Sex Offender
Investigative Unit with one civilian investigator and one Senior Staff Assistant within the
criminal Investigation Division. The unit wilt address compliance violations of chapter
62 of the Code of Criminal Procedure — the Sex Offenders Registration Program. The
investigative unit would significantly strengthen the Corpus Christi Police Department
(CCPD) Criminal Investigations Division's (CID) capabilities to investigate and manage
the compliance of current and future sex offenders through centralized follow -up
enforcement and real -time intelligence management activities.
With the addition of two full -time civilian employees, the Criminal Investigation Division
will boost efficiency in researching and investigating sex offender compliance issues
and handling future case loads. The analyst will conduct any necessary research on
the history of out-of-compliance sex offenders as well as originate and manage all
papewok associated with each sex offender case. The efficiency of CID detectives
would be greatly enhanced by havi
State of Texas
Office of the Governor
Criminal Justice Division
Rick Perry
Governor
November 08, 2007
Mr. Bryan Smith
Chief of Police
Corpus Christi, City of
P. O. Box 9277
Corpus Chrjsti, Texas 78469
Dear Chief Smith:
Congratulations on your award! To activate your agency's grant, the Authorized Official must log on to
eGrants at ttp s : !c' dorl ine . o error-. state . t _ us and go to the 'My Home' tab. In the `Project Status' column,
locate the application that is in `Pending Acceptance of Award' status. Click on the grant number and proceed to
the 'Accept Award' tab. From this tab, click on the `Accept' button.
Be sure to review the attached memo for a quick overview of general items every grantee should be aware of.
You can also fmd more detailed information on the eGrants website including helpful resources, links, and tools
needed to properly administer CID grants; an eGrants Users Guide; and the new Guide to Grants containing
answers to questions frequently asked by grantees. The Public Policy Research Institute (PPM) at Texas A&M
University will send a detailed formation packet to the Project Director containing progress reporting forms an
instructions on completing and submitting those forms.
I hope you continue to find the online environment of eGrants to be a positive experience. We are continually
improving the efficiency of processes so that you can dedicate your time to the priorities of service within your
communities. We look forward to working with you to ensure the success of your program.
Sincerely,
64,
Ken C. Nicolas
Executive Director
Pod mice lox 12428 Austin, Texan 78711 (512) 463-1919 (Voice) /(512)47244O (FAX)/ Dial 7 -1 -1 For Relay Services
Grant Number:
Program Fund:
Grantee Name:
Project Title:
Grant Period:
Liquidation Date:
Date Awarded:
CJD Grant Manager:
C21' T
SF-08-A10-19326-01
F- 00.421 State Criminal Justice Planning (421) Fund
Corpus Christi, City of
Sex Offender Investigative Unit
09/01/2007 - 08/31/2008
11/29/2008
11/08/2007
Judy Switzer
CJD Award Amount:
Grantee Cash Match:
Grantee In Kind Match:
Total Project Cost:
$65,914.00
$21,564.00
$0.00
$87,478.00
The Statement of Grant Award is your official notice of award from the Governor's Criminal Justice Division
(CJD). The approved budget is reflected in the Budget/Details tab for this record in a 'rants. The grantee
agrees to comply with the provisions of the Governor's Criminal Justice Division's rules in Title 1, Part 1,
Chapter 3, Texas Administrative Code i
ORDINANCE
APPROPRIATING $92,921.14 FROM THE STATE OF TEXAS, CRIMINAL
JUSTICE DIVISION IN THE NO. 1061 POLICE GRANTS FUND FOR FUNDING
AVAILABLE UNDER THE VIOLENCE AGAINST WOMEN ACT WAWA) FUND,
TRANSFERRING $27,611 FROM THE NO. 1020 CASH CONTRIBUTION TO
GRANTS AND APPROPRIATING IT IN THE NO 1061 POLICE GRANTS
FUND AS GRANT MATCHING FUNDS, AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That $92,921.14 from the State of Texas, Criminal Justice
Division is appropriated In the No. 1061 Police Grants Fund for fundin available
under the Violence Against Women Act (VA WA) A Fund, transferring $27,611 from
the No. 1020 Cash contribution to grants and appropriating it in the No. 1061
Police Grants Fund as grant matching funds.
SECTION 2. That upon written request of the Mayor or five Council members,
copy attached, the City Council 1 finds and declares an emergency due to the
need for immediate action necessary for the efficient and effective administration
of City affairs and 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 December, 2007.
ATTEST:
THE CITY OF CORPUS CHRISTI
1ST1
Armando Chapa Henry Garrett
City Secretary Mayor
APPROVED: December , 2007.
Lisa Aguilar
Senior Assistant City Attorney
For City Attomey
Corpus Christi, Texas
Day of - �......�., 2007
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: Uwe, therefore, request
that you suspend said Charter rule and pass this ordinance finally on the date it
is introduced, or at the present meeting of the City Council.
Respectfully, Respectfully,
Council Members
Henry Garrett, Mayor
City of Corpus Christi
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Eli on o, Sr.
Mike Hummed
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
8
CITV COUNCIL
AGENDA MEMORANDUM
AGENDA ITEM:
Cate :, 12/11
A. Motion authorizing the city Manager or his designee to accept a grant in the
amount of $65,914 from the State of Texas, Criminal Justice Division for first
year funding of a Sex Offender Investigative Unit grant in the Police Department
with a City match of $21,564, for a total grant application of $87,478, and to
execute all related documents.
B. ordinance appropriating $65,914 from the state of Texas, Criminal Justice
Division in the No. 1061 Police Grants Fund for first year funding of the Sex
Offender Investigative Unit, transferring $9,758 from the No. 1 020 cash
contribution to grants and appropriating it in the No. 1061 Police Grants Fund as
grant matching funds, and declaring an emergency.
ISSUE: Funding for Year 1 has been awarded by the Criminal Justice Division and the
city must accept the grant and appropriate the funds.
REQUIRED COUNCIL ACTION: Accepting the grant and appropriating the funds.
PREVIOUS COUNCIL ACTION: Approval to submit the application on 04/24/07.
FUNDING: The state will provide $65,914 for the salary and fringe benefits for two
civilian positions. The Police General Fund provides $9758 and the Law Enforcement
Trust Fund provides $21 ,564 for equipment and supplies.
CONCLUSION AND RECOMMENDATION: Staff recommends accepting the grant and
appropriating the funds.
Bryan P. Smith
Chief of Police
BACKGROUND INFORMATION
The Corpus Christi Police Department has received funds to establish a Sex Offender
Investigative Unit with one civilian investigator and one senior Staff Assistant within the
criminal Investigation Division. The unit will address compliance violations of chapter
62 of the code of Criminal Procedure the sec offenders Registration Program. The
investigative unit would significantly strengthen the corpus Christi Police Department
(CCPD) criminal Investigations Division's CI capabilities to investigate and manage
the compliance of current and future sex offenders through centralized follow -up
enforcement and real -time intelligence management ent activities.
With the addition of two full -time civilian employees, the criminal Investigation Division
will boost efficiency in researching and investigating sex offender compliance issues
and handling future case loads. The analyst will conduct any necessary research on
the history of out-of-compliance sex offenders as well as originate and manage all
paperwork associated with each sex offender case. The efficiency of CID detectives
would be greatly enhanced by having the Intelligence Analyst as a centralized support
person who assists with assigned sex offender cases. Research and follow -up
enforcement will be centralized, while on -site investigations will continue to be handled
by CID detectives. The Senior Staff Assistant will maintain the Web -based and local
sex offender databases by streamlining accurate and timely entries and updates into
those databases.
CID detectives will continue to conduct the onsite investigations related to sex offender
cases. However, having an Intelligence Analyst responsible for doing the desk
investigations and paperwork that supports the detectives' work will greatly enhance
the department's efficiency and reduce the time required by each detective to close a
case. cutting investigation time will also enable the detective more opportunity to work
directly wih the District Attorney's Office to focus on active and repeat offenders.
Additionally, because of the support from the new SOIU, the detective will be better
prepared to handle any future cases added should the city create safety zones
prohibiting sex offenders in certain locations of the City.
Support of the District Attorney's Office targeting active and repeat offenders will be
significantly strengthened. Management of the Web -based and local sex offender
databases will be handled with greater accuracy and in a more timely fashion.
compliance checks would occur at least annually, all outstanding cases would be
assigned, and future backlogs of cases would be eliminated. In summary, the capacity
of the CCPD to handle sex offender enforcement actions will nearly double.
State o f Texas
Office of the Governor
Criminal Justice Division
Rick Perry
Governor
October 09, 2007
Mr. Bryan Smith
Chief of Police
Corpus Christi, City of
321 John Sartain, P.O. Box 9016
Corpus Christi, Texas 78469
Dear Chief Smith;
Congratulations on your award! To activate your agency's grant, the Authorized Official must log on to
eGrants at https://ejdonline.govemor.state.tx.us and go to the `My Home' tab. In the `Project Status' column,
locate the application that is in 'Pending Acceptance of Award' status. Click on the grant number and proceed to
the `Accept Award' tab. From this tab, click on the `Accept' button.
Be sure to review the attached memo for a quick overview of general items every grantee should be aware of.
You can also find more detailed information on the eGrants website including helpful resources, links, and tools
needed to properly administer OD grants; an eGrants Users Guide; and the new Guide to Grants containing
answers to questions frequently asked by grantees. The Public Policy Research Institute PPRI at Texas A&M
University will send a detailed information packet to the Project Director containing progress reporting forms an
instructions on completing and submitting those forms.
I hope you continue to fmd the online environment of eGrants to be a positive experience. We are continually
improving the efficiency of processes so that you can dedicate your time to the priorities of service within your
communities. We look forward to working with you to ensure the success of your program.
Si
Grant Number:
Program Fund:
Grantee Name:
Project Title:
Grant Period:
Liquidation Date:
Date Awarded:
CJD Grant Manager:
•
F -0 -V30 -15171 -09
WF- 16.588 Violence Against Women Formula Grants
Corpus Christi, City of
Victim Assistance Program
09/01/2007 - 08/31/2008
11/29/2008
10/09/2007
Laura Betancourt
CJD Award Amount:
Grantee Cash Match:
Grantee In Kind Match:
Total Project Cost:
$92,921.14
'►42,741.00
$10,560.00
$146,222.14
The Statement of Gant Award is your official notice of award from the Governor's Crime Justice Division
(CJD). The approved budget is reflected in the Budget Details tab for this record in eGrants. The grantee
agrees to comply with the provisions of the Governor's Criminal Justice Division's rules in Title 1, Part 1,
Chapter 3, Texas Administrative Code in effect on the date the grant is awarded. By clicking on the 'Accept'
button within the 'Accept Award' tab, the grantee accepts the responsibility for the grant project and agrees
with the following conditions of grant wing. The grantees funds will not be released until the grantee
has satisfied the requirements of the following Condition(s) of Funding and Other Fund - Specific
Requirement(s), if any, cited below;
Condition (s) of Funding and Other Fund - Specific Requirement(s):
The focus of CJD's victim restoration program is to restore crime victims to full physical, mental and
emotional health. To achieve this, CM promotes collaboration and coordination among local service systems
that involve multiple disciplines and supports a seamless delivery of a continuum of services that focus on each
individual's return to wellness.
2 CJD has revised the target level data for outcome measure(s) that track new victimization to zero. The goal of
victim restoration is that each victim will receive the components of service that tend to produce restoration to
full physical, mental and emotional health. While the mission is full restoration of victims upon their first
delivery of coordinated service, some may return for assistance because they were re- victimized. These victims
should be reported to Texas Ail Public Policy Research Institute (PPM) during the regular progress reporting
periods. This manner of reporting will enable consistent measurement of program effectiveness over a period of
time that supports the strategic premise of coordinated services offering a continuum of care; resulting in
reduced revictimization.
ORDINANCE
APPROPRIATING $G5,914 FROM THE STATE OF TEXAS, CRIMINAL
JUSTICE DIVISION IN THE NO 1061 POLICE GRANTS FUND FOR
FIRST YEAR FUNDING OF THE SEX OFFENDER INVESTIGATIVE
UNIT, TRANSFERRING $9,758 FROM THE NO. 1020 CASH
CONTRIBUTION TO GRANTS AND APPROPRIATING IT IN THE NO.
1061 POLICE GRANTS FUND AS GRANT MATCHING FUNDS, AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $65,914 from the State of Texas, Criminal Justice Division is
appropriated in the No. 1061 Police Grants Fund for first year funding of the Sex
Offender Investigative Unit, transferring $9758 from the No. 1 020 Cash contribution to
grants and appropriating it in the No. 1061 Police Grants Fund as grant matching funds.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council 1 finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the . day of December, 2007.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa Henry Garrett
City Secretary Mayor
APPROVED: December , 2007.
Lisa Agulla
Senior Assistant City Attorney
For City Attorney
Corpus Christi, Texas
Day of , 2007
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: Uwe, therefore, request that you
suspend said charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, Respectfully,
Council Members
Henry Garrett, Mayor
City of Corpus Christi
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel!
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
9
CITY COUNCIL
AGENDA MEMORANDUM
December 11, 2007
AGENDA ITEM:
(a) A resolution authorizing the City Manager or designee to submit a grant application to the
Coastal Bend Council of Governments In the amount of x25,000 for Recycling and Anti - Litter
Education.
(b) A resolution authorizing the City Manager or designee to submit a grant application to the
Coastal Bend council of Governments In the amount of $6,120 for carts to carry household
hazardous waste (HHW) and for non - corrosive shelving for the HHW storage building located
at the Citizens Collection Center.
A resolution authorizing the City Manager or designee to submit a grant application to the
Coastal Bend Council of Governments in the amount of $3,000 for training and educational
supplies for the new Clean City Programs Coordinator.
ISSUE: The Coastal Bend Council of Governments' Regional Solid Waste Grant application
process requires the approval of a resolution by the City Council.
BACKGROUND: The Texas Commission on Environmental Quality (TCEQ) Grants are administered
locally through the Coastal Bend council of Governments (CBCOG). The purpose of the grant
program is to provide fundingforeligile local and regional municipal solid waste projects in support of
the adopted regional solid waste management plan forthe CBCOG region. In 2002-2003 Solid Waste
received a total of $125,000 for the following: $45,000 for Household Hazardous Waste Disposal
costs, $55,000 for a Brush Loader, $10,000 for a Recycling Media/Outreach program, $10,000 for a
Household Hazardous Waste Media/Outreach Outreach Program, and $5,000 to publicize and increase
participation in Stop Trashing Corpus Christi Community clean -up events
In 2003-2004 Solid Waste received a total of $56,932 for the following: $46,932 for Solid Waste Local
Enforcement and $10,000 for Litter and Illegal Dumping Cleanup program.
In 2004 -05 Solid Waste received a total of $38,619 for the following: $ 26,619 for Solid Waste Local
Enforcement, $2,000 for Education and Training, $10,000 for Litter and !legal Dumping Cleanup
programs.
In FY 2005-2006 Solid Waste received a total of $44,880 for the following: $10,000 for Community
Media Outreach campaign for the City's Anti - Litter Ordinance, $10,380 fora third year of grant funding
for an Assistant Compliance Officer, $4,500 for a the disposal of scrap tires collected during the City's
Neighborhood Initiative Program, and $20,000 to purchase new collection units for used oil and HH W
storage modules for the new Collection/transfer Station at the IC. Elliott Landfill.
In FY 2006-2007 Solid Waste received a total of $15,000 for recyclingiand anti - litter education.
If FY 2007-08 grant funding in the amount of $236,066 will be available through the CBCOG grant
application process for solid waste projects. The three grants requested for the City in FY 2007 -2008
total $34,120.00. All requested grant funding supports specific goals and objectives of the CBCOG
Regional Solid Waste Management Plan., TCEQ, and State of Texas.
FUTURE E CO NCIL ACTION: Acceptance of a Solid Waste Grants and approval of inter -local
agreements between the City and the C C G, appropriation of Federal /State Grant (s).
RECOMMENDATION: E ►TION Approval of the resolutions as submitted.
4:v
3 r e D. Kaplan,
Director, Streets & Solid Waste Services
COASTAL BEND COUNCIL OF GOVERNMENTS
FY 2008/2009 REGIONAL SOLID WASTE GRANTS PROGRAM
FORM 1. APPLICATION INFORMATION AND SIGNATURE PAGE
Applicant:
City of Corpus Christi
Address:
P.O. Box 9277
Corpus Christi, Texas 78469 -9277
Contact Person:
Paul Bass, Superintendent of Administration
Funding Amount Proposed:
$ 25,000.00
Phone/Fax:
Ph: (3 61) 826-1968
Fx: (3 61) 826 -1971
Date Submitted:
November 29, 2007
Pro ect Category
El Local Enforcement
▪ Litter and Illegal Dumping Cleanup and Community Collection Events
El Source Reduction and Recycling
• Local Solid Waste Management Plans
❑ Citizens' Collection Stations and "Small" Regi
Date: November 29, 2007
FORM 2. Authorized Representatives
The Appli
FORM 4. Resolution
A resolution authorizing the application must be approved by the governing body of the
Applicant. Following this page is an example Resolution Form that may be used to prepare the
required resolution. This or a similar resolution must be specifically signed and notarized in
addition to the signature required in Form 1.
To complete your application, please remove this page and replace it with a signed
resolution oil our entitfigoverning body. -- — -
RESOLUTION TO BE ADOPTED AT THE DECEMBER 11, 2007 CITY
COUNCIL MEETING
A RESOLUTION
AUTHORIZING THE CITY MANAGER R DESIGNEE TO SUBMIT A
GRANT A I LICATIO TO THE COASTAL BEND COUNCIL OF
GOVERNMENTS IN THE AMOUNT of $25,000 FOR RECYCLING AND
ANTI- LITTER EDUCATION.
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 submit a grant
application to the Coastal Bend Council of Governments in the amount of $25,000 for
recycling and anti- lifter education.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: OVED: November 29, 2007
i "Ati -Agri 411/
7za ph R. Hundley
Assi - nt City Attorney
for the City Attorney
EFIres202.doc
Henry Garrett
Mayor
Corpus Christi, Texas
day of , 2007
The above resolution was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Eliz nd , Sr.
Mike Hummel!
ell
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
FORM 6: Project Summary
Please provide a complete project summary. Reference the goals, objectives, and/or
recommendations from the regional solid waste management plan that apply to the project, and
how the project will assist in implementing the plan. Refer to the application instructions when
completing these forms. If necessary, attach additional pages for each form.
Form 6a. Project Description (add additional pages as necessary)
Project Title: Community Outreach Campaign to Promote Recycling and Reduce Illegal
Dumping
Program b'ective and Suniinary: The program objective is to increase public awareness and
participation i
Residents of our community will benefit from the public educational material and advertising
which will be aired on local cable networks, distributed through customer utility bills, accessed
through City Web sites, and made available to any resident, community group, or neighborhood
associations to assist them in educating their residents /members on Anti- Litter, illegal dumping
and recycling.
jrQjct Ser; Area: Indicate the area geography (city, county, or other jurisdictions ) covered
by the project. Please attach map i f appi'ca:
This program targets residents and areas within the City of Corpus Christi surrounding
communities and residents who work and drive through the City of Corpus Christi and who also
may have access to local cable networks, view signs, or receive educational material in their
homes.
Severity of Problem:
In our City and COG area, we have a challenge in educating our residents regarding the Anti-
Litter ordinance, illegal dumping and recycling.
Recent efforts by our Streets and Solid Waste Services Department and the Neighborhood
Initiative Program have been extremely effective in educating targeted areas of our com munity,
by holding community town hall meetings with residents and City staff members. This process
has allowed the citizens to voice their concerns about their neighborhoods.
In the past, the subjects of the anti - litter ordinance, illegal dumping and recycling efforts have
been topic residents have shown interest in to help improve the level of City services and
information they receive.
The City of Corpus Christi has taken bold steps to improve our ability to help ensure that
important aspects of our City Ordinances are adhered to. In Fiscal Year 03-04, we set up a
special Environmental Court to hear these issues and assist in the processing of citations and
violations given to residents for non - compliance.
The City embraces the responsibility to communicate with all members of our community to
help provide a broad and thorough education program regarding the Anti - Litter ordinance and
the methods to report illegal dumping and improve participation in the recycling program.
We believe our public education efforts have been effective in reaching a large percentage of the
the COG population. For instance, the City distributes 79,000 utility bills as inserts on an annual
basis to residents with City of Corpus Christi utility accounts. City Hall at the Mali, Earth Day-
Bay Day and Bayfest are three examples illustrating the Streets ands Solid Waste Services
department's education efforts extending to non- utility customers. In addition, working with the
COG Environmental Planner and assisting with her school recycling education programs have
proven to be an effective method to promote recycling within the COG service area.
Applicable Goals and Objecti
Goal 1: Ensure the proper management and disposal of municipal solid waste.
1.2 Local Enforcement, and litter and illegal dumping cleanup - Support local efforts to
identify areas with litter and illegal disposal problems, implement enforcement and other
programs to address those problems, and promote the management and cleanup of litter and
illegal dumpsites.
1.3 Household Hazardous Waste, and other - Target waste reduction activities and proper
disposal practices to certain components of the waste stream that may pose special risks or
problems. Including such wastes as HHW, tires, and others.
1.4 Education and Training - Promote the continued training and education of professionals
and the public to make them aware of a variety of solid waste topics that affect the er ro
p p
management and disposal of solid waste in the region
Goal 2 :Reduce the amount of Municipal solid waste generated and disposed of in the Coastal
Bend Region.
2.1 Education and Training -- Continue to use outreach and education programs to support
program initiatives and to facilitate long -term changes in attitudes about source reduction and
recycling.
2.2 Source Reduction and Recycling - Promote the diversion of waste from regional landfills
through recycling efforts, including corporate recycling, composting, and targeting g g m or
components of the waste stream such as brush, paper, and construction and demolition debris.
2.3 Other - Promote regional, state, and federal partnerships within the region that encourage
g
solid waste management, waste reduction and recycling.
Feasibility of Project:
The City of Corpus Christi is the region's largest municipality, and has the ability and resources
to implement and maintain a program of this magnitude. The personnel and other in -kind
support for this program helps ensure that program goals reach fruition.
Combined with federal funds being applied to urban demolition and clean-up and neighborhood
code enforcement activities, the requested funding will compliment a broad effort and yield
significant measurable results within the community.
Existing education programs provided by the City of Corpus Christi compliment and reinforce
anti- litter and recycling messages funded through this grant application. Coupled with the
existing programs, such as NIP, recycling education, HHW collection, and the full array of solid
waste collection and disposal services, each grant dollar will contribute to sustainin g a clean and
environmentally aware culture for Corpus Christi and the surrounding community.
The Streets and Solid Waste Services department has the manpower, financial resources, and
management support to provide such a comprehensive recycling education program.
Public Information:
The City works closely with its Public Information office to keep the residents and other
customers fully informed of proper solid waste disposal and recycling methods. Recent changes
in services have been communicated through television and newspaper, such as opening of the
Citizens Collection Center, closing the J C Elliott Landfill, and opening of the Cefe Valenzuela
Landfill. The goal is to fully inform the public regarding any changes and enhancements to the
services offered through the Solid Waste Services Department. This grant will enhance existing
educational materials pertaining to recycling and illegal dumping, and make the material
available through various media currently at our disposal, such as the City website, newspaper
announcements, public brochures, community meetings, neighborhood associations and any
other cost effective means.
Annually the City mails recycling and solid waste services educational material to all 79,000
utility customers to promote Recycling and to provide essential and useful information regarding
services provided by the Solid Waste Services department.
Regional versus Local Impact:
Because the City of Corpus Christi is the largest municipality in this region, we have an
obligation to assist other communities develop programs such as ours, Our information will be
made available to any community that would like to use our material and for develop their own
for their specific needs.
Residents from other communities who work or visit the City of Corpus Christi will indirectly
benefit from public educational signage and advertisements as well as promotional spots on the
local cable network channels that have a viewing audience of approximately 50-75 mile radius
around our community.
Our Code Enforcement and Compliance division currently works with surrounding jurisdictions
and outside agencies to coordinate their efforts. Identified illegal dumpsites outside our
community have been remedied due to the closely coordinated efforts with our City compliance
officers to catch and prosecute those individuals responsible.
Local Public/Private Partnerships (Joint Project):
N/A
Project Status:
The Grant funds will be used to enhance our new Anti- Litter campaign called "Make it Sparkle".
The City of Corpus Christi has participated and received funds from the COG grant process in
the past. This program is consistent with past grant programs and continues to build good
practices and environmental awareness within the community.
Project Application
Form 6a Page of
Form 6b. Project Cost Evaluation (add additional pages as necessary)
Provide an evaluation of the costs associated with the proposed project. Explain how the total
related costs of the proposed project were adequately considered; compare project costs to
established averages or to normal costs for similar projects. Present the costs in unit terms, such
as cost per ton, cost per customer, or cost per capita, as applicable. Describe any measurable
costs savings, or reasonably justified costs of the project.
The target population to be served by the project is approximately 280,000, which includes the
City of Corpus Christi and all areas within the city limits.
Cost Per Impacted Capita is approximately 8.9 cents per resident, which is derived by dividing
the total grant request by the City population.
In calendar year 2006, the City's curbside recycling program collected 1,453 tons of newspaper,
1,018 tons of mixed paper, 234 tons of plastic, and 212 tons of tin. Currently, about 18% of
residents utilize the curbside recycling service. Although the costs of recycling collection
dramatically outweigh the monetary return, the intangible benefits derived from utilizing less
landfill space and reducing energy consumption by remanufacturing products from recycled
verses raw materials, makes recycling worthwhile.
Other Cost Savin •s if applicable:
For FY 06-07, through the collection of recycled items generated $49,923 in revenue for the
City, and approximately $20,944 in landfill disposal costs were saved. Disposal costs savings
were calculated by multiplying the curbside recycled tonnage (2,917 tons) by the contract
disposal rate ($7.18 per ton).
Salary /operational Expenses:
Once promotional spots, signs and public educational material is developed, only cost associated
with broadcasting the material will be incurred therefore making the material extremely efficient
for reuse in future events and subsequent budget years.
Benefits Consistent and Reasonable to Cost:
Proactively educating the public and encouraging them to recycle reduces the amount of waste
from area landfills. This in turn adds to the City's participation rate increasing the overall
effectiveness of the recycling program.
Waste generated from the collection of debris of illegal dump sites will be sorted and diverted
from the landfill saving valuable space for future use.
Educating the residents on the issues of Anti - Litter, illegal dumping and providing them
information on reporting illegal dumping activity will discourage future abuse and repeat
offenders.
By taking a proactive approach, this will reduce environmental hazardous associated with illegal
dumping and clean up cost and free up personnel to concentrate on other responsibilities in the
community.
Form 6c. Level of Commitment of the Applicant (add di ona pages as necessary)
Provide information related to the Applicant's level of commitment to preferred solid waste
management practices. If the proposed project is an ongoing service, demonstrate onstrat the ability to
sustain the program beyond the terra of the grant. Explain the extent to which the appropriate
governing bodies support the proposed project.
This project will be implemented with the combined efforts of our Solid Waste Services
Departments, Public Information Office, and education programs offered by the Water and
Stormwater Utility departments.
The total staff involved in the planning and implementing of this project is approximately 1 -20
persons.
Streets and Solid Waste Services is one of the primary facilitators of the project due to the vast
resources available and personnel needed to coordinate recycling and anti - litter campaigns.
The Mayor and City Council support recycling and environmentally sound initiatives as they
recently demonstrated by their approval to fund the new Clean City Programs Coordinator.
Intention to Sustain the Project:
The City of Corpus Christi has proven they can and will continue the distribution and
advertisement of public educational materials on all areas of Solid Waste Services. These are
services that are provided on a regular basis by the City. Some of the resources developed will
be incorporated into regular department brochures and signs and other material developed will be
reused and recycled as to not incur production cost for future uses as part of our regular program.
Annual distribution of public educational brochures to 79,000 utility customers will receive
updated and enhanced information about City services including issues related to the new Anti-
Litter ordinance, Recycling and Illegal Dumping as part of our commitment to continue
educating the public and resident of our community.
List any previously demonstrated commitment to preferred solid waste management practice,
such as implementing other solid waste management projects, involvement in a local or sub -
regional solid waste management plan or study, or membership in the TCEQ's Clean Texas
Program.
Solid Waste Projects include the following activities: twice a week garbage collection,
automated garbage collection, bulky item collection (twice /year), curbside recycling (every two
weeks), , heavy brush collection 1 o times per year), Christmas tree collection mulching, 111-1W
collection, free residential disposal days, free mulch, landfill educational programs, Earth
Day/Bay Day participation, elementary school recycling education, three recycling drop -off
centers, oil }'filter recycling, free tire disposal events, litter critter for neighborhood clean -ups,
disposal at Citizens Collection Center, opening the new Cefe landfill to assure long term waste
p g g
disposal site, opening the transfer station at closed JC Elliott landfill, presentations t o community
organizations, emergency pick -up of traffic obstructions, free mulch for City departments, and
metals /pallets /tire recycling at Elliott Landfill.
Past COG Grants include:
03 -20 -004
03-20-007
03-20-008
03 -20 -010
03-20-011
04- 20-G07
04-20-G12
05 -20 -004
05- 20 -G09
05-20-013
06-20-005
06-20-011
06-20-014
06-20-017
07 -20 -011
Stop Trashing Corpus Christi
Brush Truck
Recycling Campaign
HHW Supplemental Funds
HHW Campaign
Compliance Officer — Truck — Radio
Litter /Illegal Dumping Clean -up
Recycling and Illegal Dumping Education
Education — Landfill Program
Local Enforcement Officer
Education
Local Enforcement
Household Hazardous Waste Storage
Scrap Tires
Education
The City of Corpus Christi has a solid history of compliance with all laws, rules and regulations
applied to the collections and disposal of solid waste. The City has planned for the future growth
and needs of the region by recently opening the new Cefe Valenzuela landfill with an expected
useful life of 100 years.
The City of Corpus Christi, through the Streets and Solid Waste Service Department, will assure
the fiscal sustainability of the project. The City Council of the City of Corpus Christi has a solid
history of supporting all anti- litter, recycling, conservation and environmental initiatives. We
firmly believe that the Council, through approval of the formal resolution to accept this grant, is
giving its complete support and endorsement to complete this grant program.
Environmental Risk Ex lain how the . ro'eet will reduce risk to the environment
Non compliance of our Anti- Litter and SWS Ordinance including illegal dumping is an
g p g
environmental violation and we intend to pursue violators to the fullest extent our ordinance and
laws allows.
Illegal dumping not only has an environmental effect on the community but is usuall y a financial
burden on the taxpayers. Our community bears the burden to pay the costs associated with
collection and disposal of improperly disposed (dumped) solid waste.
By reducing violations of illegal dumping through educating the public on proper disposal
options, anti- litter laws, and recycling, we will reduce the environmental impact and reduce costs
associated with clean ups due to illegal dumping.
Increased participation in recycling will divert waste from area landfills and save valuable space
for future use b y the community.
Supporting Pocumentation (Please place copies of letters, resolutions, etc. in Attachments):
Copies of FY 06-07 billing inserts distributed to 79,000 local residents.
Project Application
Form 6c Page of
Form 6d. Scope of Work (See application in ru o ts. Add additional pages as necessary)
Provide a work program with a schedule of deliverables for the proposed project or program.
The work program with the schedule of deliverables will be considered the Scope of Work to be
performed under the contract agreement, if funded. Once the details of the r rl program have
been negotiated with the Applicant and approved by the COG, the work program will be entered
into the grant contract.
As concisely as possible, for each task of the proposed project, describe the major steps
or activities involved, identify the responsible entities and establish a specific timeframe
to accomplish each task. The scope of work for the project or program must include:
Detailed purpose and goal of the project (should be consistent with implementing the
goals, objectives, and recommendations from the regional solid waste management
plan, as stated in the project description on Form 6a).
Specific task statements with responsible entity identified
List of deliverables /products /activities under each task
- Schedule of deliverables
This grant request is inline with the Coastal Bend COG Regional Plan Goal 1 and 2 which states
the following:
Goal 1: Ensure the proper management and disposal of municipal solid waste.
1.2 Local Enforcement, Litter and Illegal Dumping Cleanup, and Community Cleanup Events -
Support local efforts to identify areas with litter and illegal disposal problems, supplement
p
enforcement and other programs to address those problems, and romote the management and
p g
cleanup of litter and illegal dumpsites.
1.4 Education and Training - Promote the continued training and education of professionals and
■ * i i
the public to make them aware of a variety of solid waste topics that affect the proper
p p p
management and disposal of solid waste in the Coastal Bend Region.
Goal 2: Reduce the amount of Municipal Solid Waste MS W)generated and disposed of in the Coastal Bend Region.
2.1 Education and Training - Continue to use outreach and education ams ro to support
p pp
program initiatives and to facilitate long -term changes in attitudes about source reduction and
recycling. Provide elementary and pre- school age students coloring books, crayons, rulers, and
other items made from recycled materials to
tangibly reinforce our message regarding the value
of recycling.
This grant project will enhance the City's abi
FORM 7. GRANT BUDGET SUMMARY
Please provide the following breakdown of the total amount grant funding being requested:
Budget Category
Funding Amount
1. Personnel Salaries
2. Fringe Benefits
3. Travel
4. Supplies
5. Equipment
6. Construction
7. Contractual
8. Other
9. Total Direct Charges (sum of 1-8)
10. Indirect Charges*
11. Total (sum of 9 - 10)
S
S
5
$ 1 0,000
S
S
15,000.00
25,000.00
25,000.00
12. Fringe Benefit Rate:
13. Indirect Cost Rate:
Identify, in detail, each budget category to which your indirect cost rate applies and explain any
special conditions under which the rate will be applied:
In accordance with the UGMS, indirect charges may be authorized if the Applicant has a negotiated indirect cost
rate agreement signed within the past 24 months by a federal cognizant agency or state single audit coordinating
agency. Alternatively, the Applicant may be authorized to recover up to 10% of direct salary and wage costs
(excluding overtime, shift premiums, and fringe benefits) as indirect costs, subject to adequate documentation. If
you have an approved cost allocation plan, please enclose documentation of your approved indirect rate.
Please complete any of the following detailed budget forms that are applicable.,
Project Application
Form 7
FORM 7a: Detailed Matching Funds/In-Kind Services
This budget form should be completed if the Applicant is rovidin any level of matching funds
y g
or in -kind services directly related to the proposed project.
Matching Funds: $
In the space below, please explain in detail the application of any matching funds to be
provided by the Applicant, as directly related to the proposed project:
Matching funds are those monies directly related to supporting the gant funded activities.
Postage and labor for utility bill inserts for departmental mailings; labor, office supplies, vehicle
fuel and maintenance, and Recycling division expense to collect from day care centers during
special 90 day pilot program.
In -Kind Services: $62,000 (monetary equivalent)
In the space below, please explain in detail the application of any in-kind services to be
provided by the Applicant, as directly related to the proposed project:
The budgeted salary and benefits its for Clean City Programs Coordinator (CCPC) is $62,000. The
main focus of the CCPC is to work to promote recycling and anti - litter initiatives for the City of
Corpus Christi. This includes significant outreach and education efforts within the entire
community, with goals to achieve measurable progress in landfill diversion rates and
attractiveness of the City.
What is the TOTAL COST of the proposed project,
considering the total grant funding requested, any
matching funds being provided by the Applicant, and
the monetary equivalent of any in -kind services being
provided by the Applicant:
87,000.00
Project Application
Form 7a
FORM 7d: Detailed Supply Expenses
This budget fora provides a more detailed breakdown of the total expenses for supplies
indicated on Line 4 of the Overall Budget Summary.
Please list the ereral t es of su lies you expect to purchase with grant funding.
General office/desk supplies
Other supplies (explain below):
Brown Bags
Bic pens
4" Convenience Clips
Pencils
Mr Recycles
Currency Piggy Bank
Clip Note 1.5 inch
1 9" Flyers (frisbees)
yo-yo's
recycled funnels
rulers
Circle tape measures
fitness sport bottles
mini bins
tattoos
Litter Bags
Pencil Sharpeners
You Can Make Recycling Coloring Books
Black Recycled Tote Bags
TOTAL
(Must equal Line 4 of the Overall Budget Summary)
$
$ 10,000
10,000
FORM 7h: Detailed Other Expenses
This budget form provides a more detailed breakdown of the total other expenses indicated on
Line 8 of the Overall Budget Summary. Please note that the final totals are at the bottom of the
next page.
Basic Other Expenses
Please identify the basic "Other" care o e e ses expect to incur appropriate t the project.
Books and reference materials
Basic Other Expenses
Estimated Cost
Postage, telephone, FAX, utilities
Printing/reproduction
Advertising/public notices
Television $ 10,000) and Radio ($5,000)
a
so
$0
$ 15,000
Registration fees for training if approved)
Repair and maintenance
Basic office furnishings
Space and equipment rentals
S i gnage
$0
$0
$0
$o
Project Application
Form 7h
Page 1 of 2
COASTAL BEND COUNCIL OF GOVERNMENTS
FY 2008/2009 REGIONAL SOLID WASTE GRANTS S P G AM
FORM 1. APPLICATION INFORMATION AND SIGNATURE PAGE
Applicant. F
Funding Amount Proposed:
Address: P
Phone/ Fax:
.x:
P.O. Box 9277 P
Ph: 1 8
826-1968
p Q 8
Fx: (361)
8264971
Contact Person: D
Date Submitted:
Paul Bass, Superintendent of Administration N
November 2007
Proiet Cate
0 Local Enforcement
E] Litter and Illegal Dumping Cleanup and Community Collection Events
El Source Reduction and Recycling
❑ Local Solid Waste Management Plans
] Citizens' Collection Stations and "Small" Regi
FORM 2. Authorized Representatives
The Applicant hereby designates the individual(s) named below as the
person or persons
authorized to receive direction from the COG, to manage the work
g being performed, and to act
on behalf of the Applicant for the purposes shown:
1. Authorized Project Representative. The following person is authorized hr�ed to receive
direction, manage work performed, sign required reports, and otherwise se act on behalf of the
Applicant.
Signature:
C)
Typed/Printed N.
Title: Director of Streets and Solid Waste Services
Date: November 29, 2007
2. Authorized Financial Representative. In addition to the authorized
red project representative,
the following person is authorized to act on behalf of the lica t
pp in all financial and fiscal
matters, including signing financial reports and requests for reimbursement.
Typed/Printed Name: Paul Bass
Title: Superintendent of Administration
Date: November 29, 2007
Project Application
Form
FORM 4. Resolution
A resolution authorizing the application must be approved by the governing body of the
Applicant. Following this page is an example Resolution Form that may be used to prepare the
required resolution. This or a similar resolution must be specifically signed and notarized in
addition to the signature required in Form 1.
To complete your application, please remove this page and replace it with a signed
resolution of your enti 's_governins body. --
RESOLUTION TO BE ADOPTED AT THE DECEMBER 11, 2007 CITY
COUNCIL MEETING
A RESOLUTION
AUTHORIZING 1NG THE CITY MANAGER OR DESIGNEE TO SUBMIT A
GRANT APPLICATION TO THE COASTAL BEND COUNCIL OF
GOVERNMENTS TS I1 THE AMOUNT OF $6,120 FOR CARTS TO CARRY
Y
HOUSEHOLD HAZARDOUS WASTE (HHW) AND FOR NON-
CORROSIVE SHELVING FOR THE HHW STORAGE BUILDING
LOCATED AT THE CITIZENS COLLECTION CENTER.
BE IT RESOLVED
THE CITY COUNCIL of THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
City g
SECTION 'I. The C1 Manager or his designee is authorized to submit a grant
application to the Coastal Bend Council of Governments in the amount of $6,120 for
�
carts to carry household hazardous waste (HHW) and for non - corrosive shelving for the
HHW storage building located at the Citizens Collection Center,
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: November 29, 2007
Eliza • = h R. 1" I nd ley
Assis nt City Attorney
for the City Attorney
EHres203.doc
Henry Garrett
Mayor
Corpus Christi, Texas
day of , 2007
The above resolution was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel'
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
FORM 6: Project Summary
Please provide a complete project summary. Reference the goals, objectives, and/or
recommendations from the regional solid waste management plan that apply to the project, and
how the project will assist in implementing the plan. Refer to the application instructions when
completing these forms. If necessary, attach additional pages for each form.
Form 6a. Project Description (add additional pages as necesswy)
Prgject Title: Household Hazardous Waste Management
pr_omm Objective and Summ : The program objective are: A) to p urchase Rubbermaid
carts at $230.00 each, to facilitate the safe and orderly transfer of HHW materials from customer
vehicles to the HHW storage building, B) to purchase Plasteel shelving units measuring g 2'
5', costing $480.70 each, to increase storage capacity of the new HHW storage facility, to pay
for estimated shipping costs for the carts and shelves, estimated at $275.00 to purchase signs
estimated at $1,000 to guide customers within the Citizens Collection Center to the HHW
disposal site and to provide instructions while disposing of HHW, and to print and or
purchase HHW information guides, costing $2,000, for customers using the HHW facility and to
■
mail out to residents.
These amenities will help ensure the successful implementation of a full time — 6 day er week —
HHW collection program at the new Citizen Collection Center (CCC). CCC employees will
collect HHW from vehicles, transport it on carts, the sort and store HHW materials in the new
HHW storage building. Every 2 weeks, the HHW will be picked up and transported by
Envirosolve. The carts will offer labor saving, safe and efficient transport of HHW from the
vehicles to the HHW storage building. The shelving will increase usable p ace by 120 square
feet, and provide for the neat, efficient and orderly storage of materials. Signs will be designed
to help customers drive to and park in the appropriate area, and give instructions on how to
safely unload HHW from their vehicles. The HHW information guides will give tips on
identifying and handling HHW, and be given to HHW and CCC customers to encourage safe
handling and utilization of the HHW collection facility.
Project Service Area: Indicate the area/geography (city, county, or other jurisdictions) covered
by the project. Please attach map ij'applicabk;
This program targets residents and areas within the City of Corpus Christi surrounding
communities and residents who work and drive through the City of Corpus Christi and who also
may have access to local cable networks, view signs, or receive educational material in their
homes.
Severn of Problem:
In our City and COG area, we have a challenge in educating our residents regarding
the Anti -
Litter ordinance, illegal dumping and recycling.
Controlled Household Hazardous Waste disposal is an important environmental priority,
especially to communities residing adjacent to bays and estuaries. As a governmental entity,
providing solid waste collection and disposal services, we are entrusted with the responsibility of
protecting our delicate and relatively pristine natural resources. We would be negligent to not
encourage the proper disposal of HHW through by persistent education and outreach efforts.
Protection of our water resources, as it's essential for manufacturing, recreation and
consumption, is essential to the physical, mental and financial health of our communi
Feasibility o, f Project:
The City of Corpus Christi is the region's largest municipality, and has the ability and resources
to implement and maintain a program of this magnitude. The personnel and other in -kind
support for this program helps ensure that program goals reach fruition.
Combined with federal funds being applied to urban demolition and clean -up and neighborhood
code enforcement activities, the requested funding will compliment a broad effort and yield
significant measurable results within the community.
Existing education programs provided by the City of Corpus Christi compliment and reinforce
anti - Titter and recycling messages funded through this grant application. Coupled with the
existing programs, such as NIP, recycling education, HHW collection, and the full array of solid
waste collection and disposal services, each grant dollar will contribute to sustaining a clean and
environmentally aware culture for Corpus Christi and the surrounding community.
The Streets and Solid Waste Services department has the manpower, financial resources, and
management support to provide a comprehensive HHW collection and education`program.
Public Information:
The City works closely with its Public Information office to keep the residents and other
customers fully informed of proper solid waste disposal and recycling methods. Recent changes
in services have been communicated through television and newspaper, such as opening of the
Citizens Collection Center (CCC), closing the J C Elliott Landfill, and opening of the Cefe
Valenzuela Landfill.. The goal is to fully inform the public regarding any changes and
enhancements to the services offered through the Solid Waste Services Department. This grant
will compliment existing educational materials ertainin to proper disposal of solid waste and
p g p ro p
HHW through a very cost effective means.
Annually the City mails recycling and solid waste services educational material to all 79,000
utility customers to provide essential and useful information regarding services provided by the
Solid Waste Services department. Included is a list of items considered HHW and requiring
special handling and disposal. The 2008 service guide provides information regarding hours and
days of operation of the new HHW collection service offered at the new CCC.
Regional versus Local Impact:
Because the City of Corpus Christi is the largest municipality in this region, we have an
obligation to assist other communities develop programs such as ours. Our information will be
made available to any community that would like to use our material and/or develop their own
for their specific needs.
Residents from other communities who work or visit the City of Corpus Christi will indirectly
benefit from public educational signage and advertisements as well as promotional spots on the
local television and radio channels that have a viewing audience of approximately 50-75 mile
radius around our community.
Our Code Enforcement and Compliance division currently works with surrounding jurisdictions
and outside agencies to coordinate their efforts. Identified illegal dumpsites outside our
community have been remedied due to the closely coordinated efforts with our City compliance
officers to catch and prosecute those individuals responsible.
N/A
Local Public/Private Partner h ips (Joint Project):
j
Proect Status:
The Grant funds will be used to enhance our new Anti- Litter campaign called "Make it Sparkle".
The City of Corpus Christi has participated and received funds from the COG grant process in
the past. This program is consistent with past grant programs and continues to build good
practices and environmental awareness within the community.
Project Application
Form 6a Page of
Form 6b. Project Cost Evaluation (add additional pages as necessary)
Provide an evaluation of t. e costs associated with the proposed project. Explain how the total
related costs of the proposed project were adequately considered; compare project costs to
. l J
established averages or to normal costs for similar projects. Present the costs in unit terms, such
as cost per ton, cost per customer, or cost per capita, as applicable. Describe any measurable
costs savings, or reasonably justified costs of the project.
The target population to be served by the project is approximately 280,000, which includes the
City of Corpus Christi and all areas within the city li
Form 6c. Level of Commitment of the Applicant (add additional pag s as necessary)
Provide information related to the Applicant's level of commitment to preferred solid waste
management practices. If the proposed project is an ongoing service, demonstrate the ability to
sustain the program beyond the term of the grant. Explain the extent to which the appropriate
governing bodies support the proposed project.
This project will be implemented with the combined efforts of our Solid Waste Services
Departments, Public I.nforn ation office, and education programs offered by the Water and
Storm eater Utility departments.
The total staff involved in the planning and implementing of this project is approximately 10-20
persons.
Streets and Solid Waste Services is one of the primary facilitators of the project due to the vast
resources available and personnel needed to coordinate recycling and anti- litter campaigns.
The Mayor and City Council support recycling and environmentally sound initi
organizations, emergency pick -up of traffic obstructions, free mulch for City departments, and
metals /pallets /tire recycling at Elliott Landfill.
Past COG Grants include:
03-20-G O4
03-20-G07
03-20-G08
03-20-010
3- 2O -G11
04 -20 -007
04- 20 -G12
05- 20 -G04
05-20-009
05- 20-013
06-20-G05
06-20-011
06-20-G14
06-20-G17
07-20-011
Stop Trashing Corpus Christi
Brush Truck
Recycling Campaign
HHW Supplemental Funds
HHW Campaign
Compliance Officer — Truck — Radio
Litter /illegal Dumping Clean -up
Recycling and Illegal Dumping Education
Education -- Landfill Program
Local Enforcement Officer
Education
Local Enforcement
Household Hazardous Waste Storage
Scrap Tires
Education
The City of Corpus Christi has a solid history of compliance with all laws, rules and regulations
applied to the collections and disposal of solid waste. The City has p lanned for the future growth
and needs of the region by recently opening the new Cefe Valenzuela landfill with an expected
useful life of 100 years.
The City of Corpus Christi, through the Streets and Solid Waste Service Department, will assure
the fiscal sustainability of the project. The City Council of the City of Corpus Christi has a solid
history of supporting all anti - litter, recycling, conservation and environmental initiatives. We
firmly believe that the Council, through approval of the formal resolution to accept this grant, is
giving its complete support and endorsement to complete this grant program.
Environmental Ex lain how the , roject will reduce risk to the environment):
Non compliance of our Anti - Litter and SWS Ordinance includin g illegal dumping is an
g
environmental violation and we intend to pursue violators to the fullest extent our ordinance and
laws allows.
Illegal dumping not only has an environmental effect on the community but is usually a financial
burden on the taxpayers. Our community bears the burden to p a y the costs associated with
collection and disposal of improperly disposed (dumped) solid waste.
By reducing violations of illegal dumping through educating the public on proper disposal
options, anti - litter laws, and recycling, we will reduce the environmental impact and reduce costs
associated with clean ups due to illegal dumping.
Increased participation in recycling will divert waste from area landfills and save valuable space
for future use by the community.
Supporting (Please place copies of letters, resolutions, etc, in Attachments):
Copies of FY 06-07 billing inserts distributed to 79,000 local residents.
Project Application
Form 6c Page of
Form 6d. Scope of Work (See application instructions. Add additional pages as necessafry)
Provide a work program with a schedule of deliverables for the proposed project or program.
The work program with the schedule of deliverables will be considered the Scope of Work to be
performed under the contract agreement, if funded. Once the details of the work program have
been negotiated with the Applicant and approved by the COG, the work work program will be entered
into the grant contract.
As concisely as possible, for each task of the proposed project, descri
FORM 7. GRANT BUDGET SUMMARY
Please provide the following breakdown of the total amount of grant funding being requested:
Budget Category
Funding Amount
1. Personnel /Salaries
r
2. Fringe Benefits
G. Travel
4. Supplies
�
$ 3,120.00
-- --- - --
- ---
-. -ter
5. Equipment
6. Construction
- - -- -- - --
-- - -
7. Contractual
Is 3,000.00
$ , 120 00
a
■
8.
. Total Direct Charges
sal
1-
10. Indirect Charges*
$
11. Total (sum c � ! — JSi`
,120
12. Fringe. Benefit Rate:
13. Indirect Cost Rate:
Identify, in detail, each budget category to which your indirect cost rate applies and explain any
special conditions under which the rate will be applied:
*fn accordance with the UGMS, indirect charges may be authorized if the Appli ant has a negotiated indirect cost
rate agreement signed within the past 24 months by a federal cognizant agency or state single audit coordinating
agency. Alternatively, the Applicant may be authorized to recover up to 10% of direct salary and wage costs
(excluding overtime, shift premiums, and fringe benefits) as indirect costs, subject to adequate documentation. If
you have an approved cost allocation plan, please enclose documentation of your approved indirect rate.
Please complete any of the following detailed bud forms that are applicable.
Project Application
Form
FORM 7a: Detailed Matching Funds/in-Kind Services
This budget form should be completed if the Applicant is providing any level of matchin g funds
or in -kind services directly related to the proposed project.
Matching Funds: SO
In the space below, please explain in detail the application of any matching funds to be
provided by the Applicant, as directly related to the proposed project:
Matching funds are those monies directly related to supporting the grant funded activities.
Postage and labor for utility bill inserts for departmental mailings; labor, office supplies, vehicle
fuel and maintenance, and Recycling division expense to collect from day care centers during
special 90 day pilot program.
In-Kind Services: (monetary equivalent)
In the space below, please explain in detail the application of any in -kind services to be
provided by the Applicant, as directly related to the proposed project:
What is the TOTAL COST of the proposed project,
considering the total grant funding requested, any
matching funds being provided by the Applicant, and
the monetary equivalent of any in -kind services being
provided by the Applicant:
6 120.00
Project Application
Form 7a
FORM 7d: Detailed Supply Expenses
This budget form provides a more detailed breakdown of the total expenses for supplies
indicated on Line 4 of the Overall Budget Summary.
Please list the general types of su lies ou ex expect to urchase with ant fndin .
General Types of Supplies
Estimated Cost
General office /desk supplies
$.
Other supplies (explain below):
Rubbermaid carts (4)
$ 920.00
Plasteel Shelving (4)
$1,925.00
� Shipping
$275.00
TOTAL
(Must equal Line 4 of the Overall Budget Summary)
$ 3,120
Project Application
Form 7d
Page of
FORM 7h: Detailed Other Expenses
This budget form provides a more detailed breakdown of the total other expenses indicated on
Line 8 of the Overall Budget Summary. Please note that the final totals are at the bottom of the
next page.
Basic Other Expenses
Please identif the basic "Other" cate o ex nses ou ex ect to incur a ro date to the .ro'ect.
Basic Other Expenses
Estimated Cost
Books and reference materials
Postage, telephone, FAX, utilities
Printing/reproduction
HHW Brochures
Advertising/public notices
Signs ($1,000)
Registration fees for training (if approved)
Repair and maintenance
Basic office furnishings
Space and equipment rentals
$o
$a
$o
Signage
$ 0
$0
Project Application
Form 7h
Page 1 of
Additional Other Expenses
The specific details of additional Other category expenses, not included on the list of basic Other
expenses, must be pre - approved by the COG. If the specific details of the additional Other
expenses are not known ern at this time, list the general details on this form. The more specific
details will then need to be provided to and approved by the COG before the costs are incurred.
Additional other Expenses Unit Cost
No. of Units
Total Cost
Computer hardware not listed under the
Equipment category (itemize each expense below
including description, type, model, , etc.):
$
$ 0
Computer software (eternize each expense below
including description, type, model, etc.):
S
E
0
Additional Other expenses (itemize each expense
below including description, n, "y# V, model, etc.):
///
L
I
$
i
1
TOTAL OTHER EXPENSES
(Mustjua1Line8 of the Overall Bc Summary)
$ 3,000
Project Application
Form 7h
Page 2 of 2
5324.50
Price Ea.
(A) Vented 1 (B) Solid
Style Style
$336.60
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MATERIAt IU 3
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CLEARANCE SAL CS
LSearch
Corrosou Resistant Shelving
Plasteel Shelving
Model No.
P13V7S-
4
PS 184 • 25-
4
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4
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lief Starter Units
Dimensions
IK" x " "Lx
72"H
18"D x -'','
72"H
18"D x 60"1, x
72"11
24"D 36'1 L
Weight
84 lbs.
104
lbs.
136
lb..
$372.90
5438.90
5381.70
5458.70
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Molded structural foam polyethylene shelves resist chemicals and
are easy to clean. Can take extreme heat and cold without
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100 lb. capaci
1IndTruc ks
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U t Price: $- 289.99
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■ Top shelf has standard cup holder and storage compartments.
• Rounded corners protect walls and furniture.
■ Ron- marking casters, 2 fixed and 2 swivel.
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Product Details
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COASTAL BEND COUNCIL OF GOVERNMENTS
FY 2008/2009 REGIONAL SOLID WASTE GRANTS PROGRAM
FORM 1. APPLICATION INFORMATION
AND SIGNATURE PAGE
Applicant:
City of Corpus Christi
Address:
P.O. Box 9277
Corpus Christi, Texas 78469 -9277
Contact Person:
Paul Bass, Superintendent of Administration
Funding Amount Proposed:
3,000,00
Phone Fax:
Ph: (3 61)
Fx: (3 61) 826 -1 971
Date Submitted:
November 29, 2007
Project Category
El Local Enforcement
] Litter and Illegal Dumping Cleanup and Community Collection Events
El Source Reduction and Recycling
0 Local Solid Waste Management Plans •
❑ Citizens' Collection Stations and "Small" Registered Transfer Stations
D Household Hazardous Waste (HHW) Management
i Technical Studies
Educational and Training Projects
jJOther (7'he C OG should add other irosect cafe • on s i authorized
Si. l tore
By the following signature, the Applicant certifies that it has reviewed the certifications,
assurances, and deliverables included in this application, that all certifications are true and
correct, that assurances have been reviewed and understood, and that all required deliverables
are included with this application.
Sign re,:
--
Typed/Printed Name:
Jeffrey D. Kaplan
Title:
Director of Streets and Solid Waste Svcs.
Date Signed:
November 29, 2007
r Date application was received:
FOR USE BY CCG
Does the application meet all of the required screening criteria: Yes No
Is the a s .lication administratively corn l te: Yes No
.ten
Project Application
Form 1
FORM 2. Authorized Representatives
The Applicant hereby designates the individual(s) named below as the person or persons
authorized to receive direction from the COG, to manage the work being erformed and to act
on behalf of the Applicant for the purposes shown:
1. Authorized Project Representative. The following person is authorized to receive
direction, manage work performed, sign required reports, and otherwise act on behalf of the
Applicant.
Signature:
Typed/Printed Nalh
e: Jeffrey D. Kaplan
Title: Director of Streets and Solid Waste Services
Date: November 29, 2007
2. Authorized Financial Representative. In addition to the authorized project representative,
the following person is authorized to act on behalf of the pp licant in all financial and fiscal
matters, including signing financial reports and requests for reimbursement.
Signature:
Typed/Printed Lame: Paul Bass
Title: Superintendent of Administration
Dee: November 29, 2007
Project Application
Form
FORM 4. Resolution
A resolution authorizing the application must be approved by the governing body of the
Applicant. Following this page is an example Resolution Form that may be used to prepare the
required resolution. This or a similar resolution must be specifically signed and notarized in
addition to the signature required in Form 1.
To complete your application, please remove this page and replace it with a signed
resolution of your enti 's . overnin i bod .
RESOLUTION TO BE ADOPTED AT THE DECEMBER 11, 2007 CITY
COUNCIL MEETING
A RESOLUTION
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO SUBMIT A
GRANT T APPLICATION TO THE COASTAL BEND COUNCIL OF
GOVERNMENTS TS IH THE AMOUNT OF $3,000 FOR TRAINING AND
EDUCATIONAL AL SUPPLIES FOR THE NEW CLEAN CITY PROGRAMS
COORDINATOR.
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 submit a grant
application to the Coastal Bend Council of Governments s In the amount of $3,000 for
training and educational supplies for the new clean city programs coordinator.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: November 29, 2007
E I iz. :th R. H u d ley
Assi nt City Attorney
for the City Attorney
Elires204.doc
Henry Garrett
Mayor
Corpus Christi, Texas
day of t 2007
The above resolution was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Eli o do, Sr.
Mike Hornell
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
FORM 6: Project Summary
Please provide a complete project summary. Reference the goals, objectives, and/or
recommendations from the regional solid waste management plan that apply to the project, and
how the project will assist in implementing the plan. Refer to the appli
introduced to key City personnel from an array of departments, provided with their direct
telephone numbers, and encouraged to call them with requests for City services or to report Code
violations.
The Solid Waste Services Department works closely with the Council of Governments
Environmental Planner to provide recycling education to elementary school students and to
visitors to local community events. The primary role is to transport Curby, the recycling robot,
and operate Curby as he assists the Environmental planner in interactive recycling education
programs. In FY 2006-07, Curby attended 24 events and provided recycling education and
information to approximately 14,000 participants.
Residents of our community will benefit from the public educational material and advertising
which will be aired on local cable networks, distributed through customer utility bills, accessed
through City Web sites, and made available to any resident, community group, or neighborhood
associations to assist them in educating their residents /members on Anti- Litter, illegal dumping
and recycling.
project Service Area: Indicate the area/geography (city, county, or other jurisdictions) covered
by the project. Please r h map if i t :
This program targets residents and areas within the City of Corpus Christi surrounding
communities and residents who work and drive through the City of Corpus Christi and who also
may have access to local cable networks, view signs, or receive educational material in their
homes.
� veri of Problem:
In our City and COG area, we have a challenge in educating our residents regarding the Anti-
Litter �
Litter ordinance, illegal dumping and recycling.
Recent efforts by our Streets and Solid Waste Services Department and the Neighborhood
Initiative Program have been extremely effective in educating targeted areas of our community,
y
by holding community town hall meetings with residents and City staff members. This process
has allowed the citizens to voice their concerns about their neighborhoods.
In the past, the subjects of the anti - litter ordinance, illegal dumping and recycling efforts have
been topic residents have shown interest in to help improve the level of City services and
information they receive.
The City of Corpus Christi has taken bold steps to improve our ability to help ensure that
important aspects of our City Ordinances are adhered to. In Fiscal Year -, we set up a
special issues in nvironmental Court to hear these ssues and assist n the processing of citations and
violations given to residents for non - compliance.
The City embraces the responsibility to communicate with all members of our community to
help provide a broad and thorough education program regarding the Anti - Litter ordinance and
the methods to report illegal dumping and improve participation in the recycling program.
We believe our public education efforts have been effective in reaching a large percentage of the
the COG population. For instance, the City distributes 79,000 utility bills as inserts on an annual
basis to residents with City of Corpus Christi utility accounts. City Hall at the Mali, Earth Day-
Bay Day and Bayfest are three examples illustrating the Streets ands Solid Waste Services
department's education efforts extending to non - utility customers. In addition, working with the
COG Environmental Planner and assisting with her school recycling education programs have
proven to be an effective method to promote recycling withi
The City of Corpus Christi is the region's largest municipality, and has the ability and resources
to implement and maintain a program of this magnitude. The personnel and other in-kind
support for this program helps ensure that program goals reach fruition.
Combined with federal funds being applied to urban demolition and clean-up and neighborhood
code enforcement activities, the requested funding will compliment a broad effort and yield
significant measurable results within the community.
Existing education programs provided by the City of Corpus Christi compliment and reinforce
anti- litter and recycling messages funded through this grant application. Coupled with the
existing programs, such as NIP, recycling education, HHW collection, and the full array of solid
waste collection and disposal services, each grant dollar will contribute to sustaining a clean and
environmentally aware vulture for Corpus Christi and the surrounding community.
The Streets and Solid Waste Services department has the manpower, financial resources, and
management support to provide such a comprehensive recycling education program.
Public Information:
The City works closely with its Public Information office to keep the residents and other
customers fully informed of proper solid waste disposal and recycling methods. Recent changes
in services have been communicated through television and newspaper, such as opening of the
Citizens Collection Center, closing the J C Elliott Landfill, and opening of the Cefe Valenzuela
Landfill. The goal is to fully inform the public regarding any changes and enhancements to the
services offered through the Solid Waste Services Department. This grant will enhance existing
educational materials pertaining to recycling and illegal dumping, and make the material
avai
local cable network channels that have a viewing audience of approximately 50-75 mile radius
around our community.
Our Code Enforcement and Compliance division currently works with surrounding jurisdictions
and outside agencies to coordinate their efforts. Identified illegal dumpsites outside our
community have been remedied due to the closely coordinated efforts with our City compliance
officers to catch and prosecute those individuals responsible.
N/A
Local Public /Private Partnerships (Joint Project):
Project Status:
The Grant funds will be used to enhance our new Anti - Litter campaign called "Make it Sparkle".
The City of Corpus Christi has participated and received funds from the COG grant process in
the past. This program is consistent with past grant programs and continues to build good
practices and environmental awareness within the community.
Project Application
Form a Page of
Form 6b. Project Cost Evaluation (add additional ages as necessary)
Provide an evaluati
Waste generated from the collection of debris of illegal dump sites will be sorted and diverted
from the landfill saving valuable space for future use.
Educating the residents on the issues of Anti-Lifter, illegal dumping and providing them
information on reporting illegal dumping activity will discourage future abuse and repeat
offenders.
By taking a proactive approach, this will reduce environmental hazardous associated with illegal
dumping and clean up cost and free up personnel to concentrate on other responsibilities in the
community.
Form 6c. Level of Commitment ent of the Applicant (add additional pages as necessaly)
Provide information related to the Applicant's level of commitment to preferred solid waste
management practices. If the proposed project is an ongoing service, demonstrate the ability to
sustain the program beyond the term of the grant. Explain the extent to which the appropriate
r riate
governing bodies support the proposed project.
This project will be implemented with the combined efforts of our Solid Waste Services
Departments, Public Information Office, and education programs offered by the Water and
Stormwater Utility departments.
The total staff involved in the planning and implementing of this project is pp ro ximate 10-20
persons.
Streets and Solid Waste Services is one of the primary facilitators of the project due to the vast
resources available and personnel needed to coordinate recycling and anti- litter campaigns.
The Mayor and City Council support recycling and environmentally sound initiatives as they
recently demonstrated by their approval to fund the new Clean City Programs Coordinator.
intention to sustain tProject:
The City of Corpus Christi has proven they can and will continue to support environmental
education programs and the distribution of educational materials related to all areas of Solid
Waste Services. These are services that are provided on a regular basis by the City. Some of
the resources developed by the Clean City Programs Coordinator will be incorporated into
regular department brochures and signs and other material developed will be reused and recycled
as to not incur production cost for future uses as part of our regular program.
Annual distribution of public educational brochures to 79,000 utility customers will provide
updated and enhanced information about City services including issues related to the new Anti -
Litter ordinance, Recycling and Illegal Dumping as part of our commitment to continue
educating the public and resident of our community.
List any previously demonstrated commitment to preferred solid waste management practice,
such as implementing other solid waste management projects, involvement in a local or sub -
regional solid waste management plan or study, or membership in the TCEQ's Clean Texas
Program.
Solid Waste Projects include the following activities: twice a week arb g a collection,
automated garbage collecti
disposal site, opening the transfer station at closed JC Elliott landfill, presentations to community
organizations, emergency pick -up of traffic obstructions, free mulch for City departments, and
metals/pallets/tire recycling at Elliott Landfill.
Past COG Grants
03- 20 -GO4
03- 20 -G07
03-20-GO8
03-20-G10
03-20-G11
04-20-GO7
04-20-G12
05-20-004
05-20-GO9
05-20-013
06 -20 -005
06- 20 -G11
06-20-G14
06-20-017
07-20-011
include:
Stop Trashing Corpus Christi
Brush Truck
Recycling Campaign
HHW Supplemental Funds
HHW Campaign
Compliance Officer --- Thick — Radio
Litter /Illegal Dumping Clean -up
Recycling and Illegal Dumping Education
Education — Landfill Program
Local Enforcement officer
Education
Local Enforcement
Household Hazardous Waste Storage
Scrap Tires
Education
The City of Corpus Christi has a solid history of compliance with all laws, rules and regulations
applied to the collections and disposal of solid waste. The City has planned for the future growth
and needs of the region by recently opening the new Cefe Valenzuela landfill with an expected
useful life of 100 years.
The City of Corpus Christi, through the Streets and Solid Waste Service Department, will assure
the fiscal sustainability of the project. The City Council of the City of Corpus Christi has a solid
history of supporting all anti- litter, recycling, conservation and environmental initiatives. We
firmly believe that the Council, through approval of the formal resolution to accept this grant, is
giving its complete support and endorsement to complete this grant program.
Environmental Risk s lain how the ro'ect will reduce risk to the environment:
Non compliance of our Anti - Litter and SWS Ordinance including illegal dumping is an
environmental violation and we intend to pursue violators to the fullest extent our ordinance and
laws allows.
Illegal dumping not only has an environmental effect on the community but is usually a financial
burden on the taxpayers. Our community bears the burden to pay the costs associated with
collection and disposal of improperly disposed (dumped) solid waste.
By reducing violations of illegal dumping through educating the public on proper disposal
options, anti- litter laws, and recycling, we will reduce the environmental impact and reduce costs
associated with clean ups due to illegal dumping.
Increased participation in recycling will divert waste from area landfills and save valuable space
for future use by the community.
Documentation (Please place copies of letters, resolutions, etc. in Attachments):
Copies of FY 06-07 billing inserts distributed to 79,000 local residents.
Project Application
Form 6c Page of
Form 6d. Scope of Work (See application instructions. Add additional ages as necessary)
Provide a work program with a schedule of deliverables for the proposed project or program.
The work program with the schedule of deliverables will be considered the Scope of Work to be
performed under the contract agreement, if funded. Once the details of the work program have
been negotiated with the Applicant and approved by the COG, the work program will be entered
into the grant contract.
As concisely as possible, for each task of the proposed project, describe the major steps
or activities involved, identify the responsible entities and establish a specific timeframe
to accomplish each task. The scope of work for the project or program must include:
- Detailed purpose and goal of the project (should be consistent with implementing the
goals, objectives, and recommendations from the regional solid waste management
plan, as stated in the project description on Form 6a).
Specific task statements with responsible entity identified
List of deliverables/products/activities under each task
Schedule of deliverables
This grant request is inline with the Coastal Bend COG Regional Plan Goal 1 and 2 which states
the following:
Goal 1: Ensure the proper management and disposal of municipal solid waste.
1.2 Local Enforcement, Litter and Illegal Dumping Cleanup, and Community Cleanup Events -
Support local efforts to identify areas with litter and illegal disposal problems, supplement
enforcement and other programs to address those problems, and promote the management and
cleanup of litter and illegal dumpsites.
1.4 Education and Training - Promote the continued training and education of professionals and
the public to make them aware of a variety of solid waste topics that affect the proper
management and disposal of solid waste in the Coastal Bend Region.
Goal 2: Reduce the amount of Municipal Solid Waste (MSW) generated and disposed of in
the Coastal Bend Region.
2.1 Education and Training - Continue to use outreach and education programs to support
program initiatives and to facilitate long -term changes in attitudes about source reduction and
recycling. Provide elementary and pre - school age students coloring books, crayons, rulers, and
other items made from recycled materials to tangibly reinforce our message regarding the value
of recycling.
This grant project will enhance the City's ability to reach and educate the public on issues related
to Anti - Littering, Recycling and Illegal Dumping and also enable us to create and update new
public educational material for distribution to all areas residents.
FORM 7. GRANT BUDGET SUMMARY
Please provide the following breakdown of the total amount of grant funding being requested:
1. Personnel /Salaries
2. Fringe Benefits
S
3. Travel
4. Supplies
5. Equipment
6. Construction
7. Contractual
8. Other
$ 3,000.00
S
9. Total Direct Charges (sum of 1 -8)
10. Indirect Charges*
11. Total (sum of 9 - 10)
8
S
$a
S
3,000.00
3,000.00
12. Fringe Benefit Rate:
13. Indirect Cost Rate:
Identify, in detail, each budget category to which your indirect cost rate applies and explain any
special conditions under which the rate will be applied:
*In accordance with the Ulf, indirect charges may be authorized if the Applicant has a negotiated indirect cost
rate agreement signed within the past 24 months by a federal cognizant agency or state single audit coordinating
agency. Alternatively, the Applicant may be authorized to recover up to 10% of direct salary and wage costs
(excluding overtime, shift premiums, and fringe benefits) as indirect costs, subject to adequate documentation. If
you have an approved cost allocation plan, please enclose documentation of your approved indirect rate.
Please complete any of the following detailed budget. forms that are applicable.
Project application
Form 7
FORM 7a: Detailed Matching Funds/In-Kind Services
This budget form should be completed if the Applicant is providing any level of matching funds
or in -kind services directly related to the proposed project.
Matching Funds: $
In the space below, please explain in detail the application of any matching funds to be
provided by the Applicant, as directly related to the proposed project:
Matching funds are those monies directly related to supporting the grant funded activities.
Postage and labor for utility bill inserts for departmental mailings; labor, office supplies, vehicle
fuel and maintenance, and Recycling division expense to collect from day care centers during
special 90 day pilot program.
In -Kind Services: $ (monetary equi
FORM 7d: Detailed Supply Expenses
This budget form provides a more detailed breakdown of the total expenses for supplies
indicated on Line 4 of the Overall Budget Summary.
Please list the nera1 t es of su lies ou ex sect to purchase with grant funding.
41
$
- General Types of Supplies Estimated Cost , 1
General office/desk supplies
Other supplies (explain below):
Tabletop display
(2) easels
Camera, lens, projector, screen, parts for Curby
TOTAL
(Must equal Line 4 of the Overall Budget Summary)
$ 935.00
1 25.00
1,940.00
3,000.00
Project Application
Form 7d
Page of
10
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: December 11, 2007
AGENDA ITEM:
Resolution authorizing the City Manager, or designee, to submit a grant application to the
Coastal Bend Council of Governments in the amount of $45,000 for the Fiscal Year 2008-
2009 Regional Solid Waste Grants Program to provide funding for a technical study focusing
on tire reclamation and recycling for parks materials.
ISSUE: This grant will provide funding for a technical study focusing on tire reclamation
and recycling for parks materials.
REQUIRED UII E COUNCIL ACTION: Authorization to submit a grant application requires
Council approval.
PREVIOUS COUNCIL ACTION: none
CONCLUSION AND RECOMMENDATION: Staff recommends approval of request to
submit grant application.
Sally Gatlin[,
Parks and
df.d (/
'rector
creation
Coastal Bend Council of Governments
IN COOPERATION WITH THE
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
FY 2008/2009
REGIONAL SOLID WASTE GRANTS PROGRAM
IMPLEMENTATION PROJECT
GRANT APPLICATION INSTRUCTIONS AND FORMS
FORM 6: Project Summary
This project summery demonstrates 240 hours research, data collection and analysis performed
by Theresa Holland, Texas A &M Graduate Intern with the City of Corpus Christi Parks and
Recreation Department, with technical assessments as to the viability of applications were
performed by Ron Yoder of AG CM Engineering Department of Corpus Christi, Texas and
Bruce Haubum of Alpha Building Corporation of Inglesi
Form Ga. Project Description
This study proposes to conduct a Iip1ogica1 Meld 'Test and Study in cooperati
The City of Corpus Christi
• Provide fee based service to local businesses.
• Establish Mobil locations- one trailer hold up to 1400 tires
Immediate Benefits
• Pre - determined locations
• Flexibility in scheduling for trailer drops off and pick ups
• Waste Reduction
• Public Awareness
• No transportation cost during the field test (limited to 6 tractor
trailers)
Long term Benefits
• Established Routes
• Perpetual Service
• Trailers for storage
• Reduction in the cost of mulch (in exchange for the scrap tires)
• Increase funds for The Parks and Recreation Department fee's
collected from business and selected disposal projects)
• Cleaner open spaces
• Reduction in long term maintenance cost
in
Form 6b. Project Cost Evaluation (add additional pa s as necessaty)
Personnel and Salaries
Project Director- Assigned at the 615 pay scale, comparable if not equal to the salary of
comparable position as a City employee. Requirements- Graduate Student currently serving in
an i
Form 6d. Scope of Work
The first phase of the study
• Target Population
Research questions
• Variables
• Retrospective observational study time, labor and project cost)
• Experimental Design coordinating of pick up and drop off)
Sample Data
• Organize data - develop tables and graphs
• Compute samples statistics: central tendency, dispersion, relative position
• Study relationships and build prediction model: correlation table
• Study the difference
• Test hypotheses and begin field studies
Sample Distributions
• Point and Intervals
• Confidence Intervals
Central Limit Theorem
• Means of samples ( simulation)
• Average length of stay ( trailers)
• Average Time to capacity (tires)
Project Application
FORM 7. GRANT BUDGET SUMMARY
Please provide the following breakdown of the total amount of grant funding being requested:
Budget Category
Funding Amount
1. Personnel/Salaries
$ 22,110
2. Fringe Benefits
$ 4,
---- - - - - -- - - - - --
1 Travel
$ 1900
4. Supplies
5. Equipment
$ 200
. Construction
7. Contractual
. Other
4729
9. Total Direct Charges (sum of 1-8)
$ 32,998
10. Indirect Charges
11,916
1 1. Total �m 9 -�
$ 44,914
12. Fringe Benefit Rate:
13. Indirect Cost Rate:
22.23 %
36.11 %
$ 4059
$ 11,916
Identify, in detail, each budget category to which your indirect cost rate applies and explain any
special conditions under which the rate will be applied:
*In accordance with the UGMS, indirect charges may be authorized if the Applicant has a negotiated indirect cost
rate agreement signed within the past 24 months by a federal cognizant agency or state single audit coordinating
agency. Alternatively, the Applicant may be authorized to recover up to 1O% of direct salary and wage costs
(excluding overtime, shift premiums, and fringe benefits) as indirect costs, subject to adequate documentation. If
you have an approved cost allocation plan, please enclose documentation of your approved indirect rate.
r
Please complete any of the following detailed budget fornts that are applicable.
Project Application
Form 7
FORM 7a: Detailed Matching Funds/In-Kind Services
In -Kind Services: $22,350.04 (monetary equivalent)
Liberty Tire Recycling4 Kevin Martinolich will donate 6 trucks with trailers and full for clean
up and storage and transfer to the recycling plant. Truck/trailer/fuel 6@ 1200.00 total $7200.00
RAD-TEC Fabricators5 will pick up smaller quantities of tires for recycling 42 hours $31 50.00
y g
John Forehand 6, Tire Liaison (TCEQ) is providing technical assistance to ensure the field study
and proposed model; applications, rules, regulations and applied applications adhere to the
established standards and guidelines of, Legislative Acts and or rules, Environmental Protection
Agency, and OSHA. 30 hours $1500.00
Dr. Dan Jorgenson7, MPA Program Director 'TAM JCC monitor research, data collection,
analysis process under the proposed deadline of May 5, 2008.
40 hours $2000.00
Public Relations Campaign TA.M CC $5000.00
Ronald J. Yodel-8, Engineering Project Manager AM (CC) approval and execution of all
a ll
field test, applications consisting of tire- derived materials, within the CCPARD
60 hours $3600.00
4 Liberty Tire Manufacturing
Kevin Martinolich- General Manager
5302 Wade Road,
Baytown, TX 77521 -9745
281-424-4011
9kmartinolich@libertytire.com
5 RAD-TEC FABRICATORS INC.
191 Mill Rd.
Reedville, TX 78656
512 -357 -2789
radtec l @au stin.rr.com
6 John Forehand
512 239 -2515
jforehanctceq.teXx.us
7 Dr. Dan Jorgensen- Associate Professor of public Administration
B.A., Loras College
K..A., Drake University
Ph. D., Florida State University
denial.' r nen tan tc.edu
8 Ronald J. Yoder, Jr.
713 Coleman Ave
Corpus Christi, TX 78401
361 -882 -0469
anAcstm______cas.corn
Pagel of 2
A RESOLUTION
AUTHORIZING HE CITY MANAGER, OR DESIGNEE, TO
SUBMIT A GRANT APPLICATION TO THE COASTAL BEND
COUNCIL OF GOVERNMENTS MENTS IN THE AMOUNT OF $45,000
FOR THE FISCAL
YEAR 2008 -2009 REGIONAL SOLID WASTE
GRANTS PROGRAM TO PROVIDE FUNDING FOR A
TECHNICAL STUDY FOCUSING ON TIRE RECLAMATION AND
RECYCLING FOR PARKS MATERIALS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That the City Manager er or his designee is authorized to submit a
• Council of Governments in the amount of
grant application to the Coastal Ben
$45,000 for the fiscal year 200 8-2009 Regional
Solid Waste Grants Program to
technical stuff
provide funding for a study focusing on tire reclamation and recycling
for parks materials,
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
APPROVED AS TO FORM: December 5, 2007
oe,
Lisa Anil
Assistant City Attorney
For the City Attorney
HAI F —nIRueanni \Llsa\R s -auth r nt B of -tire recycle- Parks.do
Page2of
Corpus Christi, Texas
of , 2007
The above resolution was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Eli o do, Sr. - - - - --
Mike Hum ell
Bill Kelly
Priscilla a Leal
John E. Mare - --
Nelda Martinez
Michael McCutchon
H: \LE +DI \ Jeannie \Lis \Res -auth rant of -tire recycle-Parks.cloc
11
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: December 4 21307
AGENDA ITEM:
A resolution authorizing the City Manager or designee to submit a grant application to the Coastal Bend
Council of Governments in the amount of $11,298,50 for Litter and Illegal Dumping Cleanup and
Community Collection Events,
ISSUE: The Coastal Bend Council of Governments' Regional Solid Waste Grant application
process requires the approval of a resolution by the City Council.
This request is for the purchase of two 30-yard rectangular heavy duty roll off refuse containers
that will be used to enhance the Litter Critter program for the The Neighborhood orhood Initiative
Program (NIP) and the Model Block Program. These two roll offs will be utilitized in the twenty
neighborhoods designated as NIP sites and the Model Block Program site.
FUTURE COUNCIL ACTION: Acceptance of a Solid Waste Grants and approval of inter -local
agreements between the City and the CBCOG, appropriation of Federal/State Grant(s).
RECOMMENDATION: : Approval of the resolutions as submitted.
Attachments: Resolution
e Morales Haag, D,
k000d Services Dep ent
BACKGROUND INFORMATION
BACKGROUND: The Coastal Bernd council of Governments (CBCOG) in cooperation with
The Texas Commission on Environmental Quality (TCEQ) announced the availability of
Municipal solid Waste Grant Funding for the Fiscal Year 2008. The grants are
administered locally through the CBCOG. The purpose of the grant program is to provide
funding for eligible local and regional municipal solid waste projects in support of the
adopted regional solid waste management plan for the CBCOG region.
The grant requested for the city of Corpus Christi Neighborhood services Department in
FY2007-2008 is $11,298.50 and the requested grant funding supports specific goals and
objectives of the CBCOG Regional solid Waste Management Plan., TCEQ, and State of
Texas. The Neighborhood services Department has not received previous grant funding
under this program from COG.
This request is for the purchase oft two 30 yard rectangular heavy duty roll offs that will be used
to enhance the Litter critter program for the The Neighborhood Initiative Program (NIP) and the
Model Block Program. These two roll offs will be utilitized in the twenty neighborhoods
designated as NIP sites and the Model Block Program site.
The Litter critter trucks are currently utilized for neighborhood clean ups. At this time, the
Solid Waste Department is able to drop off the Litter Critter trucks on Saturday afternoon by
4 :00 p.m. and the trucks are picked up on Monday morning. Many dean up activities are
scheduled for Saturday morning and the volunteers are not able to utilize the Litter Critter
trucks during these activities. The addition of the "Litter critter — BI" roll offs will allow
residents to have access to the containers the entire weekend to collect trash, debris, etc. This
will greatly enhance the clean up efforts that the Neighborhood Initiative Program and the
Model Block Program promote.
A RESOLUTION
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO SUBMIT A
GRANT APPLICATION TO THE COASTAL BEND COUNCIL OF
GOVERNMENTS
IN THE AMOUNT OF $'11,298.50 FOR LITTER AND
ILLEGAL DUMPING
CLEANUP AND COMMUNITY ITY COLLECTION
EVENTS.
BE IT RESOLVED Y THE
CITY COUNCIL c1L of THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
resolution authorizing the City Manager or his designee to submit a grant
SECTION 1.
application to the Coastal Bend Council of Governments in the amount of $11,298.50 for Litter
and illegal Dumping Cleanup and Community Collection Events.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: December 5, 2007
Eliza th R. Hundley
Assis art City Attorney
for the City Attorney
EHr s O .doo
Henry Garrett
Mayor
Corpus Christi, Texas
. day of , 2007
The above resolution was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel!
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McC utch o n
12
cm( COUNCIL
AGENDA MEMORANDUM
City Council Action Date: December 11, 2007
AGENDA ITEM: Ordinance appropriating $51 ,633.1 $51,633.19 in developer contributions and
$45,507.'12 in interest earnings for a sum of $97,140.31 in the No. 4720 Community
Enrichment Fund for park improvements; ents; Changing ordinance 026908 which adopted
the FY 07-08 operating budget to increase appropriations by $97,140.31; and declaring
an emergency.
ISSUE: On March 25, 2003 City Council adopted an Ordinance to add a Community
Enrichment Fund 4720. In Section 4 of the ordinance the City Council approved
$773,062.31 to be transferred from Trust Fund 6010 to and appropriated in Community
ity
Enrichment Fund 4720. Periodic appropriation of interest and contributions by
ordinance is required.
REQUIRED CO NCIL ACTION: Council action is required to authorize the City
Manager or his designee to appropriate these funds.
PREVIOUS COUNCIL ACTION: On May 8, 2007, Council appropriated
$1,515,'1 30.29 in developer contributions and interest earnings in the No. 4720
Community Enrichment Fund for park improvements, changing ordinance 026908
which adopted the FY 06-07 operating budget.
FUNDING: The Platting Ordinance requires that land or money is dedicated for the
creation of neighborhood parks when residential subdivisions are designed and
constructed by private developers. When money is dedicated in lieu of land, these
funds are deposited into the No. 4720 Community Enrichment Fund in separate
accounts for each park.
CONCLUSION AND RECOMMENDATION: 1DATION: Staff recommends approval of the
ordinan
Sally Gavil
Parks and
irectr,
ecreation
C-e-
Cindy O'Brien, irector
Finance Department
Attachment: Detail of interest and developer contributions
COMMUNITY ENRICHMENT FUND #4720
Uri- appropriated
Account description Balances
Interest Income
Beautification promotion 346.21
Education exchange program - Sister City 24.01
Ethel Eyerly Community Center 15.58
Park trust - unrestricted 41,907.20
Gateway Phase 2 327.67
HEB Park pool & tennis 68.98
Permanent art trust 2,817.47
Total interest Income 45,507.12
Contributions
Northwest Crossing, Unit 1 5,685.20
Nueces Gardens #2 2,925.00
Nuecestown Estates 345.00
Fox Run Estates 2,602.49
Industrial Technology 19,355.00
Tropic Park 1,970.50
Vista Hermosa 18,750.00
Total Contributions $ 51,633.19
Total amount to be appropriated 140.31
Page 1 of 2
AN ORDINANCE
APPROPRIATING $51,633.19 IN DEVELOPER CONTRIBUTIONS AND
$45,507.12 IN INTEREST EARNINGS FOR A SUM OF $97,140.31 IN
THE NO. 4720 COMMUNITY ENRICHMENT FUND FOR PARK
IMPROVEMENTS; EMEI TS; CHANGING ORDINANCE NO. 026908 WHICH
ADOPTED THE FY 2007 -2008 OPERATING BUDGET TO INCREASE
APPROPRIATIONS BY $97,140.31, AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS:
SECTION 1. That $51,633.19 in developer contributions and $45,507.12 in interest
earnings for a sum of $97,1 40.31 in the No. 4720 Community Enrichment Fund is
appropriated for park improvements.
SECTION 2. That Ordinance No. 026908 which adopted the FY 2007 -2008 Operating
Budget is changed to increase appropriations by $97,140.31.
SECTION 3. That p on 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 11 th of December, 2007.
ATTEST:
Armando Chapa
City Secretary
APPROVED as to form: December 5, 2007
By:
Lisa Agulla
Assistant City Attorney
For City Attorney
H:ILE -DIR Jeannie1Lisa1 D- Approp- omrflEnri h -P rlc .doe
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
Page 2 of 2
Corpus Christi, Texas
Day of �, 2007
TO THE MEMBERS S 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: l we, therefore, request that you
suspend said Charter rule pass and ass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, Respectfully,
Council Members
Henry Garrett
Mayor
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Eli undo, Sr.
Mike Hummell
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
u.'1 cr:_r uP1 Ie.mnniall iqn \C)Rr)- Arnroo- ommEnrI h -P r s.do
13
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 12/11/07
AGENDA ITEM: Ordinance appropriating $39,338 from the Coastal Bend Council of
Governments, amending the FY 8 budget, adopted by Ordinance l o. 27352 to
increase appropriations by $39,338 in the 1020 General Fund Police Department
budget to pay for equipment for the Metro Com computer training center.
ISSUE: The council of Governments reimburses the Police Department for the basic
telecommunication certification as per 911 training requirements and other projects as
requested by COG.
PREVIOUS COUNCIL ACTION: Previous reimbursements from COG have been
appropriated.
REQUIRED COUNCIL ACTION: Approval of the ordinance.
FUNDING: The coastal Bend COG provided these funds to update the 911 mapping
for all of Nueces County. since corpus Christi MetroCom serves as the Public
Answering Point for all 911 calls in the area, these maps must periodically be updated
by MetroCom personnel.
These funds will be used during this fiscal year to purchase furniture and equipment to
update the Metro Com Computer training center at the Police Department.
CONCLUSION AND RECOMMENDATION: Staff recommends approvel of the ordinance.
Bryan P. Smith
Chief of Police
Attachments:
Deposit Slip
CITY OF CORPUS CHRISTI CASH RECEIPT REPORT: Processed
alYZ‘Ift'
Dept: Prepared/Reviewed b : i Date:
ACCOUNT FUND
PAY
CODE
X19
cIC1
99
ORG.
Ir(a 000co
3057 )S4;o ijg_Di
sue- L;r) IL'tW
33C1511. /cilal camp
Samq-1)
LQQ
saimx /a:' I JJW
j9:o Jj7:/O
CASH VERIFICATION COUNT
PROJECT/
GRANT
xt: �12_13. Bank Bag #:. ''7S5
1 BUDGET 1 AMOUNT
YEAR
AMOUNT
CURRENCY $100s
$ 5s
s
S is
55
is
.■
COIN
$0.50
$.5
$0.14
$0.05
4.41
czkof
Atro-7
6t1-off'
oi
a9-o_7
a;_ar
CASH SUBTOTAL
CHECK TOTAL (include tape)
SUBTOTAL
CREDIT CARD (include tape)
GRAND TOTAL
If you have inserted a 2 -digit Payment Code in the
first column, leave the remaining columns blank.
If you have not inserted a Payment Code in the first
column, you must complete the remaining columns.
(Le., Account, Fund, Org., ProjectlGrant, Budget Year,
Amount, and Remarks.
WHITE/YELLOW - CENTRAL CASHIERING
PINK - DEPARTMENT COPY
GREEN - PERMANENT FILE COPY
Revised 11/01/99
82374
TREMARKS
l
300 colErerir_TP
6;094216'i
essocw
‘10b"-- orer-Affir
a91iCoC:•
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6.4s1.25-,
5
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scaol
5
ORDINANCE
APPROPRIATING $39,338 FROM THE COASTAL BEND COUNCIL OF
GOVERNMENTS, AMENDING THE FISCAL YEAR 07 -08 BUDGET,
ADOPTED BY ORDINANCE N4. 027352 TO INCREASE
APPROPRIATIONS BY X39,338 IN THE 1020 GENERAL FUND POLICE
DEPARTMENT BUDGET TO PAY FOR EQUIPMENT FOR THE
METROCOM COMPUTER TRAINING CENTER; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $39,338 from the Coastal Bend Council of Governments is
appropriated in the 7 020 General Fund Police Department and the fiscal year 07 -08
budget, adopted by ordinance No. 027352, is amended to increase appropriations by
$39,338 in the 1020 General Fund Police Department budget to pay for equipment for
the MetroCom computer training center.
SECTION 2 That upon written request of the Mayor or five council members, copy
attached, the City Council 1 finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the 1 't th of November, 2007.
SECTION 2. That upon written request of the Mayor or five Council Members, bers, the
City Council 1 finds and declares an emergency due to the need for immediate
action for the efficient and effective administration of City affairs; and, (2) suspends
that Charter rule which requires an ordinance to be considered and voted upon at two
regular meetings, so that this ordinance is passed and takes effect as an emergency
measure upon its first reading, this the 11 th day of November, 2007.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary Henry Garrett, Mayor
Approved as to form ( , 2007
Joseph Harney
Assistant City Attorney
For City Attorney
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the attached ordinance, an
emergency exists requiring suspension of that Charter rule which requires an
ordinance to be considered and voted upon at two regular meetings. Therefore, Uwe
request that you suspend said Charter rule and finally pass this ordinance on the date
of its introduction, or at the present meeting of the City Council.
Respectfully, Respectfully,
Council Members
Henry Garrett
Mayor, City of Corpus Christi
The above ordinance was passed by the following g vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel!
8111 Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
14
CITY COUNCIL
AGENDA MEMORANDUM
City council Action Date: 1211 1101
AGENDA ITEM: Ordinance appropriating $107,106 from Reserve for Commitment;
Amending the FY 07 -08 budget, adopted by Ordinance No. 027352 to increase
appropriations by $107,106 in the 1020 General Fund Police Department budget to pay for
E911 wireless services prior to the City negotiating a Wireless Service Agreement.
ISSUE: The Federal Communications Commission (FCC) has mandated that all
wireless telephone companies deliver Enhanced -1 -1 service (which provides for
caller location of wireless 9 -1 -1 calls) into all public safety answering points. currently,
state law provides that home rule municipalities shall reimburse the wireless service
provider for their reasonable le expenses for network facilities, including equipment,
ent,
installation, maintenance, and associated implementation costs.
REQUIRED COUNCIL ACTION: Approval of the ordinance.
PREVIOUS COUNCIL ACTION: Council approval to pay TMobile Wireless Service
Agreement on 7117107 in the amount of $38,121.
FUNDING: The FY 0809 budget provides for $268,818 for payments to wireless
companies for these agreements. The $107,106 wilt be needed in addition to this
budgeted amount.
CONCLUSION AND RECOMMENDATION: Staff recommends approval of the ordinance.
Bryan P. smith
Chief of Police
Attachments:
BACKGROUND INFORMATION
In, 1997 the City filed notice of intent to withdraw from the Coasts! Bend Council of
Governments lnterlocai Agreement to provide 9 -1 -1 service to the City of Corpus
Christi and the other COG counties.
As of May 12, 2002 the city began operating its own -1 -1 service as a home -rule city.
Accordingly, the city must negotiate directly with all wireline and wireless telephone
carriers operating in its jurisdiction to maintain the delivery of 9-1-1 services into the
Public Safety Answering Point SA.
The Federal Commuriications Commission (FCC) has mandated that all wireless
telephone companies deliver Enhanced -1 -1 service (which provides for caller location
of wireless 9 -1 -1 calls) into all PSAP's. 's. State law provides that home rule
municipalities shall reimburse the wireless service provider for their reasonable
expenses for network facilities, including equipment, installation, maintenance, and
associated implementation costs. staff is in the process of negotiating a Wireless
Service Agreement with Sprint and ATT that includes an agreed cost allocation method
for the past and future delivery of E9-1-1 service. These funds will be needed to make
these payments.
ORDINANCE
APPROPRIATING $'f07,106 FROM RESERVE FOR COMMITMENT,
AMENDING THE FY 07-08 BUDGET, ADAPTED BY ORDINANCE NO.
027352 TO INCREASE APPROPRIATIONS BY $107,106 IN THE 1020
GENERAL FUND POLICE DEPARTMENT BUDGET TO PAY FOR E-
911 WIRELESS SERVICES PRIOR TO THE CITY NEGOTIATING A
WIRELESS SERVICES AGREEMENT; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTIO N t That $1 07,106 from reserve for Commitment is appropriated in the 1 020
General Fund Police Department and the fiscal year 07-08 budget, adopted by
ordinance No. 027352, is amended to increase appropriations by $107,106 in the
1020 General Fund Police Department budget to pay for E-911 wireless services prior
to the City negotiating a Wireless Services Agreement.
SECTION 2. That upon written request of the Mayor or five Council Members, the
City Council 1 finds and declares an emergency due to the need for immediate
action for the efficient and effective administration of City affairs; and, (2)
that Charter rule which requires an ordinance to be considered and voted upon at two
regular meetings, so that this ordinance is passed and takes effect as an emergency
measure upon its first reading, this the 11 th day of November, 2007.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary Henry Garrett, Mayor
Approved as to form _Agtiewi‘4, ., 2007
Joseph Ham
Assistant City Attorney
For City Attorney
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the attached ordinance, an
emergency exists requiring suspension of that Charter rule which requires an
ordinance to be considered and voted upon at two regular meetings. Therefore, !Ave
request that you suspend said Charter rule and finally pass this ordinance on the date
of its introduction, or at the present meeting of the City Council.
Respectfully, Respectfully,
Council Members
Henry Garrett
Mayor, City of Corpus Christi
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummell
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
15
CITY COUNCIL
AGENDA MEMORANDUM
City council Action Date: 12111107
AGENDA ITEM: Ordinance appropriating $12,273O6 from abandoned /unclaimed
monies from the Police Property Room, amending the FY 0708 budget adopted by
ordinance 027352 to increase appropriations by $12273.06 in the 1020 General Fund
Police Department budget to pay for unbudgeted building maintenance projects in the
Police building.
ISSUE: Under the Texas Code of Criminal Procedure, Article 18.17, all abandoned or
unclaimed property and monies in possession of the police department that are not
evidence or contraband may be delivered to the ''person designated by the
municipality" for disposition.
BACKGROUND INFORMATION: Proper procedure requires that notice be sent to the
owner by certified mail, giving 90 days to reclaim the property. If no claim is received,
the funds are available for city use and deposited directly into the city Treasury.
Proper notification methods under the Code of criminal Procedure were followed and
no claims were received by purported owners of the funds. Therefore the monies are
all now available for city use.
The Police Department will use the funds for unbudgeted building maintenance projects
in the Police building.
REQUIRED COUNCIL ACTION: Appropriation of funds.
CONCLUSION AND RECOMMENDATION: Staif recommends appropriation.
Bryan P. smith
Chief of Police
Attachments:
Deposit Slip
Dept:
CITY OF CORPUS CHRISTI CASH RECEIPT REPORT: T: Processed
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(Le., Account, Fund, Org., Project Grant, Budget Year,
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CUSTOMER SIGNAT
ORDINANCE
APPROPRIATING $12,273.06 FROM ABANDONED/UNCLAIMED
MONIES FROM THE POLICE PROPERTY ROOM, AMENDING THE FY
07 -08 BUDGET ADOPTED BY ORDINANCE 027352 TO INCREASE
APPROPRIATIONS BY $12,273.06 IN THE 1020 GENERAL FUND
POLICE DEPARTMENT BUDGET TO PAY FOR UNBUDGETED
BUILDING MAINTENANCE PROJECTS; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $12,27306 from abandoned /unclaimed monies from the Police
Property y Loom is appropriated in the No. 1020 General Fund Police Department to
pay for unbudgeted budding maintenance projects and the FY 7- 8 budget, adopted
by ordinance No. 027352, is amended to increase appropriations by $'12,273.06.
SECTION 2. That upon written request of the Mayor or five Council Members, the
City Council (1) finds and declares an emergency due to the need for immediate
action for the efficient and effective administration of City affairs; and, (2) suspends
that Charter rule which requires an ordinance to be considered and voted upon at two
regular meetings, so that this ordinance is passed and takes effect as an emergency
measure upon its first reading, this the 11th day of November, 2007.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary Henry Garrett, Mayor
Approved as to form
Josep Harney
Assistant City Atto Trey
For City Attorney
(eiti �✓ 3 - - -,, 2007
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the attached ordinance, an
emergency exists requiring suspension of that Charter rule which requires an
ordinance to be considered and voted upon at two regular meetings. Therefore, Uwe
request that you suspend said Charter rule and finally pass this ordinance on the date
of its introduction, or at the present meeting of the City Council.
Respectfully, Respectfully,
Council Members
Henry Garrett
Mayor, City of Corpus Christi
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel!
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
16
CITY COUNCIL
AGENDA MEMORANDUM
December 11, 2007
AGENDA ITEM:
c) Motion authorizing the city Manager or his designee to authorize the purchase of Oracle
Database Enterprise Edition license and first year maintenance support for $36,600.00; and
consulting services for an amount not to exceed $95,052.30 from Mythlcs of Virginia Beach,
Virginia to assist in the tasks to upgrade the Enterprise Oracle Database to version 109• The city
purchasing requirements are met as Mythics has a contract with the State of Texas Department
of Information Resources DIR (contract number: PC.- 3O18 dated 2003 (the Agreement)).
d) Motion authorizing the City Manager or his designee to approve purchase of continued
annual maintenance costs from Oracle USA, Inc., of Reston, Virginia for software updates
and product support of the Oracle Database Enterprise Edition software subject to annual
appropriation of funds based on sole source.
ISSUE: The database software is required to be upgraded to version 10g to continue receiving
Premium support from Oracle. This database software supports numerous enterprise applications
such as Financial Management, Budget, Human Resources and Payroll, Fleet, and the riviAMMO
Computerized Maintenance Management System applications. The additional database license is
required to ensure database performance once at the version 1g level and to have a similar test
and production environments. The People Tools application software used by the PeopleSoft
Financial, Budget and Human resources systems is required to be upgraded to be compatible with
the 10g database version. Consultants familiar with the complexity of this upgrade to 10g and the
People Tools upgrade are necessary to ensure that the application users are not negatively impacted
and that this upgrade is transparent to them.
BACKGROUND: The Oracle databases that support the City's Financial Management, Budget,
Human Resources and Payroll, Fleet, and Computerized Maintenance Management System run in a
clustered environment. The Oracle database clustered architecture allows the applications to run in
parallel on multiple servers thereby providing high availability of the data. Consulting services is
necessary to upgrade the clustered database software impacting critical applications.
REQUIRED COU CIL ACTION: City Council approval is required for expenditures over $50,000.
PREVIOUS COUNCIL CIL ACTION:
FUNDING: The total cost of $131,652.30w111 be funded from the MIS Department Fiscal Year 2007-
2008 budget. Continued annual maintenance will be requested during the budget process.
CONCLUSION AND RECOMMENDATION:
DATION:
Staff recommends approval of the motion as presented.
tea.
Michael Arm trong
Director of MIS
Attachments:
AGREEMENT
BETWEEN 11 YT ICS, INC. AND
CITY OF CORPUS CHRISTI, TEXAS
This Agreement is effective as of this 3`d day of December, 2007 between Mythics, Inc. a
Virginia Corporation with its principal office at 1439 Great Neck Road, Suite 201, Virginia
Beach VA 23454 (hereinafter referred to as "Mythics") and City of Corpus Christi, Texas
hereinafter referred to s "City").
NOW THEREFORE, for the considerations hereinafter written, the parties agree to the
following:
1.0 INDEPENDENT CONTRACTOR
Mythics shall at all times act as an independent contractor in the performance of this Agreement.
Neither Mythics nor its employees or agents shall represent themselves to be, or be deemed to
be, employees of City.
2.0 PERIOD OF PERFORMANCE
ANCE
This Agreement shall be effective as of the above date and shall extend until all services defined
in the Agreement are completed, unless terminated as provided for herein. Upon termination of
this Agreement, the provisions hereof, which by their express terms survive termination, shall
remain in full force and effect.
3.0 EXHIBITS
The following documents are Exhibits to and incorporated into this Agreement:
1. Exhibit A. — Mythics Statement of Work for Oracle Support Services
2. Exhibit B — Mythics Statement of Work for nsite f site Pe pl s ft Peopletools
Migration Services
3. Exhibit C — Software License
4. Exhibit D -- Insurance
5, Exhibit E Disclosure of Interests form
4.0 ORDER OF PRECEDENCE
In the event of any inconsistency between the various documents comprising the Agreement the
order of descending precedence shall be as follows: (i) the Agreement, and (iii) Mythics's
Statement of Work as amended.
1
5.0 NOTICES
All notices given between parties shall be in writing and shall be considered properly sent by
postage prepaid United States Mali or Country of Origin Mail to the persons identified below:
For: Mythics Corporation
Scott Tesnow
1439 N Great Neck Road, Suite 201
Virginia Beach, VA 23454
For: City
Gayathri Reddy, MIS Department
1201 Leopard Street
Corpus Christi, Texas 78401
Additional Information
Telephone 757.493.3036
Facsimile: 757.412.1060
Email:STesnow@Mythics.com
Additional Information:
Telephone: 361.826.3757
Facsimile: 361.880.3741
E-mail: gayathri@cctexas.com
6.0 PRODUCTS AND SERVICES PROVIDED
6.01 Professional Services
Mythics shall perform the services as described in the attached exhibits in a professional manner
at hourly rates identified in Exhibits A and B.
6.02 Software
Mythics shall provide and install the software products described in Exhibit C and
provide the software support described in said exhibit, all for amounts not to exceed those
listed in Exhibit C. Support is for the period of one year from date of purchase order.
7.0 FORCE MAJEURE
E
Neither party shall be deemed to be in default of any provision of this Agreement or be liable for
any delay, failure in performance, or interruption of service resulting from acts of ar, acts of
terrorism, acts of God, acts of civil or military authority, civil disturbance, or any other cause
beyond its reasonable control.
2
8.0 INDEMNIFICATION
l iytl cs co_renants to fully indemnifyaave and bold harmless _the Cites of Corkus Christi,
its officers, er l yees,and agents 'Inde_itees" against all li bill damage, loss,
daft._ ms demands anc!, actions o any kind on_ac ount of personal in'uries includi
without limltin the fore i workers' cimpensation and death claimskor property loss
orcri age of any kindd vhl h arise_ out of or are in any manner connected with, or are
claimed to arise out of or be in m manner connected with services or productsmovided
by Mythics under this aRreemenI. _Mythic_ust, at its own expense, in esti ate all hose
claims and demands attend to their settlement or other dis u osition defend all actions
based on those claims and _errand ,_ and Fa all charges of attorne s and all other cost and
expenses of any kind arising from the liability, damage, lossl claims, demands or actions.
This section shall survive termination or ex' iration of this Agreement.
9.0 WARRANTY
9.1 Third -party Warranty Coverage
Third -party products are provided with a pass -thru- warranty from the original manufacturer.
The terms and conditions of the manufacturers' warranties shall be those in effect on the date a
particular item is delivered to a representative of the Municipal Informations Systems
Department at location designated by the City. This section shall survive termination or
expiration of this Agreement.
10.0 SOFTWARE LICENSES
Mythics is authorized to provide City with software licenses and support for the software herein.
11.0 DELIVERY AND INSTALLATION
11.1 Implementation Plan and Statement of Work
Mythics shall provide and deliver all services and products in accordance with mutally
developed Implementation Plan and Statement of Work. Mythics shall perform all of its
obligations under the Agreement in accordance with the Implementation Plan and Statement of
Work. The terms of the Implementation Plan and Statement of Work, including a detailed
performance timetable, shall be negotiated by the City and Mythics after the Agreement is
signed by both parties.
12.0 TAXES
The City is tax- exempt from sales tax.
13.0 TERMS I MS AYII NT
Mythics shall submit invoices to the City Director of Municipal InformationSyst ms for
professional services in sufficient icient detail to document the successful completion of services. City
3
agrees to pay those undisputed portiosn of invoices within thirty (30) days of receipt. in the
event the City disputes a portion of an invoice, the City agrees to pay the undisputed portion of
the invoice within thirty (30) days of receipt and to provide Mythics a detailed statement of the
City's position on the disputed portion of the invoice within thirty days of receipt.
City shall have no responsibility for payments in excess of the estimates listed on Exhibits A and
B, without prior written authorization from the City Director of Municipal Information Systems.
14.0 INFRINGEMENT
In the event of any proceeding (suit, claim or action) against City arising from allegations that
the SYSTEM, r a portion thereof furnished by Mythics infringes U.S. patent, copyright, trade
secret, or other proprietary right of any third - party, Mythics will, if such suit does not result from
modifications made by City, defend City, at Mythics's expense, provided City promptly notifies
Mythics in writing of the allegation. Mythics shall make such defense by counsel of its own
choosing and City shall cooperate with said counsel. This section shall survive termination or
expiration of this Agreement.
15.0 TERMINATION
ATION
City may terminate this Agreement for any reason by providing the other party with thirty (30)
days written notice. In the event of termination under this provision, City agrees to pay Y thics
for work performed up to the effective date of termination. Each party shall take steps to bring
the work to a close and to reduce its expenditures to a minimum. Each party shall also, upon
request and in a timely manner, return all documents supplied to it by the other party and shall
hand over to other party all documentation prepared by it for purposes of the work.
Termination or expiration of this Agreement for any reason shall not release either party from
any liabilities or obligations set forth in this Agreement that (i) the parties have expressly agreed
shall survive any such termination or expiration, (ii) remain to be performed, or iii by their
nature would be intended to be applicable following any such termination or expiration.
16.0 INSURANCE
Mythics shall procure and maintain, during the performance of this Agreement, Comprehensive
General Liability insurance and Worker's Compensation and Disability coverage for Mythics
employees where services are to be performed, and such other insurance coverage insuring
against loss or damages to City's property and/or personnel caused by Mythics activities, all in
compliance with the attached requirements.
17.0 CHANGES
Either party may request a change to the scope of work required under this Agreement on any
task including but not limited to, alterations, additions, deviations, and omissions from or to the
scope of work. Mythics shall provide City with a written assessment within a reasonable time
identifying the price and schedule impact of implementing the change. Neither party shall be
4
obligated to commence work on the requested change until they have agreed in writing to an
equitable adjustment.
18.0 WAIVER
The waiver by either party of any of its rights or remedies in enforcing any action for breach
under this Agreement in a particular instance shall not be considered as a waiver of the same or
different rights, remedies, or actions for breach in subsequent instances.
19.0 SEVERABILITY
If any provision of this Agreement is void, voidable, unenforceable, or illegal in its terms, but
would not be so if it were rewritten to eliminate such terms that were found to be voidable,
unenforceable, or illegal and such rewrite would not effect the intent of the provision, then the
provision must be rewritten to be enforceable and legal.
20.0 ASSIGNMENT
Neither party shall assign or transfer this Agreement nor any rights or obligations thereunder
without the express written consent of the other party. Such written consent shall not be
unreasonably withheld.
21.0 APPROPRIATION FUNDS
All parties recognize that the continuation of any contract after the close of any fiscal year of
City, which fiscal year ends on July 31 of each year, shall be subject to appropriations and
budget approval providing for covering such contract item as an expenditure in said budget. City
does not represent that the budget item will be actually adopted, said determination being within
the sole discretion of the City Council at the time of adoption of such budget.
22.0. $UBCONTRACTORS
Mythics may use subcontractors in connection with the work performed under this Contract.
When using subcontractors, however, Mythics must obtain prior written approval from the City.
In using subcontractors, Mythics agrees to be responsible for all their acts and omissions to the
same extent as if the subcontractor and its employees were employees of Mythics. All
requirements set forth as part of this Contract shall be applicable to all subcontractors and their
employees to the same extent as if the Mythics and its employees had performed the services.
23.0 VENUE AND APPLICABLE LAW
The parties agree that for all purposes, this Agreement shall be governed and interpreted in
accordance with the laws of the United States and the State of Texas. The venue for any legal
disputes shall be the appropriate court in Nueces County, Texas.
24.0 COUNTERPARTS.
IMM
5
This Agreement may be executed in one or more counterparts, each of which shall be deemed to
be original, and all of which together shall constitute one and the same Agreement. A signature
delivered by facsimile shall be deemed to be an original signature and shall be effective upon
receipt thereof by the other party.
25.0 DISCLOSURE OF INTERESTS
Mythics agrees to complete the attached Disclosure of Interest form.
26.0 , WHOLE AGREEMENT
This Agreement sets forth the entire agreement and understanding between the parties relating to
the subject matter contained herein and supersedes all other agreements, oral or written,
heretofore made between the parties relating to the subject matter.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
specified below.
City
By: -_
Name:
Title:
Date:
Approved as to form et?-1C- )1)°/
Lisa Ague
Assistant City Attorney
For City Attorney
Mythics, Inc.
By:
Name: Dale E. Darr
Title: Vice President
Date: 3 December 2007
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MYTH IcsT
UNRIV 1LED ORACLE EXPERTISE
Statement of Work
The Statement of Work outlines the key areas of focus and major deliverables for
Mythics continued support for the Oracle lOg migration project. The Mythics support for
this project will be broken down into the following areas:
Backup and Recovery: Gather business requirements for backup and recovery; design
backup and recovery strategy based on requirements; install and configure SAN, with
backup and recovery scripts for each type of backup required based on the business
requirements. Provide knowledge transfer and support to setup and configure backup and
recovery for each application database.
Enable lOg Grid control: Provide increased support by installation of performance
monitor with packs configured and working with all of the test and production databases,
to include knowledge transfer to the DBAls onsite.
RAC Cluster extension: Plan, coordinate and provide technical support to add third node
to the test cluster and also for switch redundancy
Support services: Provide on -going support for the log test and production clusters for
issues including performance. Serve as a technical lead for the 10g clusterdatabase
issues.
1439 N. Great Neck Rd., Suite 201, Virginia Beach, VA 23454 • (866) 695 -4427 • virvirw.mythics.corn
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MYTH 1CS"
UNRIVALED 014ACLE EXPERTISE
Statement of Work
The Statement of Work outlines the tasks and deliverables to be completed by the vendor
assisting the City of Corpus Christi, MIS Department in the People Tools Upgrade of
the Human Resources and Financials systems to 8.48x from 8.45x. Additionally provide
support and maintenance for PeopleSoft Enterprise Performance Management 9.0 web
server, PIA, process scheduler and change assi
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Y H CS
UNRIVALED ORACLE
4/7
c.
Configure the PeopleSoft Application Server, Web servers, Report Repository
and Process schedulers on NT and Linux for the following PS Finance and
Human Resources databases:
-Human Resources Production, Development, Training and Demo.
- Finance Production, Development, Test and Demo.
Setup and configure the People Books working with index search.
e.
S.
Setup the change assistant and install any required patches to work with the
following PS HR environments:
-Human Resources Production, Development, Training and Demo.
- Finance Production, Development, Test and Demo.
Installation of the Cobol compiler.
Installation Setup of SMTP/POP3 Mail Servers and FTP Servers.
Installation of the required Linux and Windows operating system.
Install and configure the secure reverse proxy server in the DMZ with SSL,
connection to the People soft web servers.
Install and configure the secure reverse proxy server inside the DMZ with SSL
connection to the People soft web servers.
Deliverable:
PeopleSoft HR and Finance test, production, training and demo environments configured and
working with the databases. Change assistant working with all of environments.
1-6—o-live and Post ern len entati n Support
. a. During the production cutover weekend perform the required tasks to go-live
b. ; Provide go -live and post implementation support for the PS HRMS, Finance
and EPM environment pertaining to the proxy servers, web servers, p rocess
schedulers, app servers and an.performnce tuning issues.
1439 N. Great Neck Rd., Suite 201, Virginia Beach, VA 23454 • (866) 698 }4427 • www.mythicsicorn
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MYTH ICS-
4r UNRIVALED ORACLE piPOSE
Texas aDIli?#. DI , VPC- . 8
Ashley Peterson
Direct: M7.965.4963
Fax: 757.4121080
Email: apaiersonmythics.com
1439 N. treat Neck Rd. Suite 201
Virginia Beach, VA 23454
ORAC
CERTIFIEDADVANTAIN
MATHER
End -user Dams: City of Corpus Christi Estimate Number. 111307
Contact: c3ayat ■hri Roddy
Phone: (351) 110-3791
Email:
giliagaraltgAMO
LICE ' UPPQ
Software may be downloaded at: hi#e:J ggleli rer► oracle,cvm
Estimate prepared on: 11/13/2007
Valid thru: 11/2712007
lAtesge put the following lawman on your purchase order;
1 "This order is placed pursuant to the Terms and Conditions of Texas DIR#: DIR -VP -0 - 018. ",
2 2nd year annual support is estimated sigQ.00
3 Payment Terms: Net 30
Terms and Conditions of Sale:
1
We acknowledge that this order is placed pursuant to the Terms and Conditions of Texas DIR#: DI -VPC -0 -01B.
Signature*
Printed Name and Title
Date
''Must have authority to enter into contracts on behalf of their organization.
E)k;-- G
1. Contractors LIABILITY INSURANCE
A. Contractor must not commence work under this agreement until Contractor has obtained
all insurance required herein and such insurance has been approved by the City.
Contractor must not allow any subcontractor to commence work until all similar
insurance required of the subcontractor has been so obtained.
B. Contractor must furnish to the City's Risk Manager two copies of Certificates of
Insurance, showing the following minimum coverage by insurance company(s)
acceptable to the City's Risk Manager. The City must be named as an additional insured
for all liability policies, and a blanket waiver of subrogation is required on all applicable
policies.
TYPE OF INSURANCE UM INSURANCE COVERAGE
30-Day Notice of Cancellation, non-renewal, material Bodil Injury and Prop rt Damage
change or termination required on all certificates Per Occurrence/Aggregate
vial General Liability including:
Commercial Form
Premises — Operations
3. Products /Completed Operations Hazard
4. Contractual Liability
5. Independent Contractors
6. Personal Injury
Automobile Liability owned, non -owned or rented
$1,000,000 Combined Single Limit
$1,000,000 Combined Single Limit
Professional Liability including
Coverage provided must cover officers,
directors, employees and agents
1. Errors and Omissions
$2,000,000 Combined Single Limit
Which complies with the Texas Workers' Compensation
Workers' Compensation Act and Paragraph II of this exhibit
Employers' Liability $500,000/$500,000 /$500,000
C. in the event of accidents of any kind, Contractor must furnish the Risk Manager with
copies of all reports of such accidents within ten 1 days of accident.
Elclnibifi
7
��. ADDITIONAL REQUIREMENTS
A. Contractor must obtain workers' compensation coverage through a licensed insurance
company in accordance with Texas law. The contract for coverage must be written on a
policy and endorsements approved by the Texas Department of Insurance. The coverage
provided must be in amounts sufficient to assure that all workers' compensation obligations
incurred will be promptly met.
B. Certificate of Insurance:
' The City of Corpus Christi must be named as an additional insured on the liability
coverage, except for the Workers' Compensation coverage and a blanket waiver
of subrogation is required on all applicable policies.
' If your insurance company uses the standard ACORD form, the cancellation
clause (bottom right) must be amended by adding the wording "changed or"
between "be" and "canceled ", and deleting the words, "endeavor to ", and deleting
the wording after "left". In lieu of modifications of the ACORD form, separate
policy endorsements addressing the same substantive requirements are
mandatory.
* The name of the project must be listed under "Description of Operations ".
At a minimum, a 30-day written notice of material change, non- renewal, or
termination or cancellation is required.
' If the Certificate of Insurance does not show on its face the existence of the
coverage required by items 1.f (1)-(6), an authorized representative of the
insurance company must include a letter specifically stating whether items 1..
(I)-(6) are included or excluded.
CITY OF CORPUS CHRISTI
DISCLOSURE OF INTEREST
City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business
with the City to provide the following information. Every question must be answered. If the question is
not applicable, answer with "NA ". See reverse side for definitions.
COMPANY NAME: Mythics, Inc.
P. O. OX:
STREET: 1439 N. Great Neck Road CITY: Virginia Beach, VA_ ZIP:_23454
FIRM IS:
L Corporation ( X 2. Partnership
4. Association (
5. Other (
(
3.
Sole
Owner
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)
None
2. State the names of each "official" of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named "firm."
Name Title
None
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
None
4. State the names of each emp oyee or o icer o a consu tant the ity o orpus i ti
worked on 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."
Consultant
None
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 Christi, Texas as changes occur.
Certifying Person:
Dale E. Darr Title: Vice President
(Tvnr nr Print)
Signature of Certifying Person: Date: 3 December 2007
Exti��,r+ F
9
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.
c. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and
whether established to produce or deal with a product or service, including but not limited to, entities
operated in the form of sole 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.
d. "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.
DC nstru tively heldf refers to holdings or control established through voting trusts, proxies, or
special terms of venture or partnership agreements. 0
f. "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.
Mythics Corporation Page 10
17
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: December 11, 2007
AGENDA ITEM:
Ordinance authorizing the resale of fire (5) properties for $29,577.71 which were foreclosed upon
for failure to pay ad valorem taxes, of which the City shall receive $2,758.30, plus $8,665.65 for
partial payment of City paving and demolition liens; and declaring an emergency
ISSUE:
Properties located in the City of Corpus Christi are periodically foreclosed by Nueces County to
collect delinquent taxes. Section 34.05 of the Property Tax Code requires that the governing body of
the respective taxing entities approve the resale of these properties. Approval of this Ordinance will
authorize the Nueces County Judge to execute a resale deed for the properties.
REQUIRED COUNCIL ACTION:
Approval of the proposed Ordinance authorizing the resale of the listed properties.
CONCLUSION AND RECOMMENDATION:
Staff recommends ommends that City Council approve the proposed Ordinance in order to place the properties
back on the tax roll.
Cindy O'Brien
Director of Financial Services
Attachments: Background Information
Exhibit A
BACKGROUND INFORMATIQN
Properties within the City of Corpus Christi are periodically foreclosed due to nonpayment of ad
valorem taxes. The law firm of Linebarger, Goggan, Blair, & Sampson, L.L.P. is proposing the
resale of the five (5) properties at the bid prices listed in Exhibit A. The monies received from this
sale will be distributed pursuant to the property tax code. The net proceeds from the sale are first
applied to pay off the outstanding court costs and the remaining funds are applied on a pro rata basis
to each taxing jurisdiction. The City of Corpus Christi is expected to receive a total of $2,'758.30
from the sale, plus $8,665.65 for partial payment of City paving and demolition liens. Each of these
five properties has been reviewed by Neighborhood Services for potential use of the City's In -Fill
neighborhood revitalization program, but none were selected. Therefore, all five properties will
remain on the list for resale.
Approval of the resolution will authorize the lueees County Judge to execute a Resale Deed for the
properties listed and the properties, if sold, will be returned to the property tax roll for the upcoming
year.
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AN ORDINANCE
AUTHORIZING THE RESALE OF FIVE PROPERTIES FOR
$29,577.71 WHICH WERE FORECLOSED UPON FOR FAILURE
TO PAY AD VOLOREM TAXES, OF WHICH THE CITY SHALL
RECEIVE $2,758.30, PLUS $8,665.65 FOR PARTIAL PAYMENT
OF CITY PAVING AND DEMOLITION LIENS; AND DECLARING
AN EMERGENCY.
BE 1T ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS, THAT:
SECTION 1. The governing body of the City of Corpus Christi authorizes the
resale of five ( properties listed on the attached and incorporated Exhibit A,
which were foreclosed p on for failure to pay ad valorem taxes, for $29,577.71 of
which the City shall receive $27583O plus $8,665,65 for partial payment of City
paving and demolition liens.
SECTION 2. That the Nueces es County Judge is authorized to execute a resale
deed on payment to the City of the city's share of the tax resale proceeds.
p
SECTION 3 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 suspends the Charter rule that requires consideration of
and voting on 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 - ,�, 2007.
ATTEST:
Armando Chapa
City Secretary
APPROVED: December 11, 2007
et;-Pf-f;tA
Benja in V. Lugg
Assistant City Attorney
for the City Attorney
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
EXHIBIT A
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Corpus Christi, Texas
day of , 2007
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: Uwe, 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, l espe tfu l ly,
Council Members
Henry Garrett
Mayor
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel)
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael hael Il Cutchon
18
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 12/11/07
AGENDA ITEM:
Resolution approving amendment to the City investment policy to include the addition of the
Securities Lending Program, the removal ofthe Student Loan Marketing Association as authorized
investments for City funds, and other administrative changes.
ISSUE:
Under Texas Government Code, Chapter 2256, Subchapter A. Authorized Investments For
Governmental Entities, the state delineates the types of investments and the investment rules which
must be followed by governmental enti
BACKGROUND INFORMATION
The Public Funds Investment Act requires the governing body to approve the City's investment
policy annually. The City Investment Committee, consisting of the City Manager, Assistant City
Managers, City Attorney, Director of Financial Services, and Director of Management and Budget,
or their designees, approved the following revisions to the Investment Policy at their quarterly
meeting held October 4, 2007.
Following is a summary of the recommended changes:
1. III. Definitions.
a. Authorized _City pr anti — added Investment Analyst and Deputy Director
of Financial Services.
b. Director of Financial Services Designee — changed Assistant Director of Financial
Services to Deputy Director of Financial Services.
c. Special Purpose Funds — deleted Corpus Christi Health Facilities Development
Corporation, and added Corpus Christi Digital Community Development
Corporation.
2. IV. Investment Objectives.
a. D. Diversification — added Securities Lending Program.
3. v. Authorized Investments and Maximum Term
a. A. Authorized Investments.
i. 2. U.S. Agencies — deleted Student Loan Marketing Association.
ii. 4. Local Government Investment Pool — changed the maximum amount
that may be invested in any one local government investment pool to
$75,000,000 from $65,000,000; and changed the total amount that may be
invested in all overnight pools to 30 percent, from 20 percent of the
Investment Portfolio.
iii. 9. Securities jig Proms — added as an authorized investment.
The recommended addition of a Securities Lending Program would allow the City to increase the
interest earnings on the investments currently in our portfolio by allowing these securities to be
"loaned" out to institutional investors. Securities lending is a collateralized loan whereby the City's
securities are made available to approved borrowers to meet their funding and liquidity needs. The
City maintains the ownership of the securities at all times.
The Student Loan Marketing Association, a government- sponsored enterprise, was privatized and
Congress terminated its Federal charter, ending its ti
City of
Corpus
Christi
City of Corpus Christi
Financial Services Department
Investment Policy
As of October 4, 2007
TABLE OF CONTENTS
Page
1. INTRODUCTION 2
11. PURPOSE 2
111. DEFINITIONS 3
III. INVESTMENT OBJECTIVES
V. AUTHORIZED INVESTMENTS ENTS AND MAXIMUM U{ TERM
VI. INVESTMENT MIX AND STRATEGIES 10
VII. RESPONSIBILITY AND CONTROLS 12
VIII. COMPETITIVE SOLICITATION 13
IX AUTHORIZED INSTITUTIONS 13
X. PLEDGED COLLATERAL 14
SCI. SAFEKEEPING 15
II. WIRE AND ELECTRONIC SERVICES 15
XIII. INFORMATION REPORTING /EVALUATION 15
XIV. BANKING SERVICES 17
XV. GENERAL PROVISIONS 17
APPENDICES
A. PUBLIC FUNDS INVESTMENT ACT 1 -18
B. CITY'S CODE OF ETHICS ORDINANCE 1-8
C. RESOLUTION 1 -3
D. LEGAL DEFENSE AND INDEMNIFICATION OF CITY OFFICERS AND
EMPLOYEES 1 -2
E. WIRE AND ELECTRONIC SERVICES 1
1. INTRODUCTION
The City of Corpus Christi shall invest all available monies in compliance with this Investment Policy
as authorized by the Public Funds Investment Act.
Effective cash management is recognized as essential to good fiscal management. An aggressive
cash management program will be pursued to maximize Interest earrings as a viable and material
revenue source. The City's portfolio shall be designated and managed in a manner responsive to
the public trust and consistent with local, state, and federal law.
Investments shall be made with the primary objective of:
• Preservation of capital and protection of principal;
• Maintenance of sufficient liquidity to meet operating needs;
• Security of city funds and investments;
• Diversification of investments to minimize risk while maximizing interest earrings; and
• Maximization of return on the portfolio.
Earnings from investments will be used in a manner that will best serve the interests of the City of
Corpus Christi.
Investments shall be made with judgment and care, under prevailing circumstances, that a person of
prudence, discretion and intelligence would exercise in the management of that person's own
affairs, not for speculation, but for investment, considering the probable safety of capital and the
probable income to be derived.
11. PURPOSE
A. AuthorizMion
This Investment Policy is authorized by the City Council in accordance with Chapter
2256, Subchapter A of the Government Code - The Public Funds Investment Act
(see the attached and incorporated Appendix A).
E. Scope
This Investment Policy applies to activities of the City, excluding pension funds, with
regard to investing the financial assets of Funds, including, but not limited to:
General Fund
Special Revenue Funds
Enterprise Funds
Internal Service Funds
Special Purpose Funds (within the control of Investment Officers)
Capital Improvement Funds (Bond Proceeds, Bond Reserves, Debt Service and
Commercial Paper)
In addition to this policy, the investment of Bond Funds, Debt Service, and Reserve
Funds shall be managed by their governing ordinances and Federal Law, including
the Tax Reform Act of 1986 and subsequent legislation.
C. Review and Amendment
This Policy shall be reviewed annually by the City Council on or before December 31
of each calendar year subsequent to its adoption. Amendments must be authorized
by the City Council. The City Council shall adopt a written instrument by ordinance or
resolution stating that it has reviewed the Investment Policy. The written instrument
so adopted shall record any changes made to the Investment Policy.
111. DEFINITIONS
Authorized City Representative - Officers authorized to transact as set out in the attached and
incorporated ; ......v.tk �+�:
incorporated Appendix A on behalf of the Ci (City Treasurer, t, Controller, Chief
.. h.. . .:..:. .. fti*oto $ � �k�r .may fy Accountant, }' and Director of Financial Services).
Authorized Selling Group - Primary dealer and regional firms that have been selected by the
underwriter to sell their securities. Each authorized member of a selling group will offer the issue at
the price authorized by the governmental agency.
Collateral - Securities pledged by an Institution to safeguard City assets; the City requires either U.S.
Treasuries or US. Agencies Securities so that the market values can be readily determined at any
point in time.
Director of Financial Services - The Director of Financial Services is the Municipal Finance Officer
responsible for City investments.
Director of Financial Services Designee F:,:,_ Director of Financial Services, Controller
or Chief Accountant.
Excess Cash Balances - Collected bank balances not needed to pay estimated check clearings.
Failed Transaction - An Investment, which an Institution fails to deliver to the City's Third Party
Safekeeping Institution.
Institution - Any firm, bank, bank holding company, broker or dealer who provides quotes for either
the purchase or sale of investments.
Investment - All authorized Securities listed in Item V. Authorized investments and maximum term
investments approved by the Investment Committee include U.S. Treasuries, U.S. Agencies,
Repurchase Agreements, Local Government Investment Pool, Guaranteed Investment Contracts
(with respect to bond proceeds), and Collateralized Certificates of Deposit.
Investment Officers — City Treasurer and Investment Analyst.
Investment Portfolio - All City monies being invested under authority of the Investment Officers.
Qualified Representative - A person, who holds a position with a business organization, who is
authorized to act on behalf of the business organization, and who is one of the following:
(A) For a business organization doing business that is regulated by or registered with a
securities commission, a person who is registered under the rules of the National
Association of securities Dealers;
(B) For a state or federal bank, a savings bank, or a state or federal credit union, a
member of the loan committee for the bank or branch of the bank or a person
authorized by corporate resolution to act on behalf of and bind the banking
institution; or
(C) For an investment pool, the person authorized by the elected official or board with
authority to administer the activities of the investment pool to sign the written
instrument on behalf of the investment pool.
(D) For an investment management firm registered under the investment Advisers
Act of 1940 1 1..S,C. Section 80b-1 et seq.) or, if not subject to registration
under that Act, registered with the State securities Board, a person who is an
officer or principal of the investment management firm.
Reserve Funds -- Funds designated by Council for specific purposes, which have not been
appropriated for spending.
Securities - Approved Investments designated by the Investment Committee to be held in the
Investment Portfolio or acceptable to be pledged as Collateral to secure the monies of the City.
Special Purpose Funds - Monies of non-profit corporations that Investment Officers are • ermitted to
,A..y+ z 3x •r. .k":'tr*. . "k;.�._ .': .'.'�.., f "i:.'..f.i. .'b:'..: �-. 5�.. �`k. .k t,.% s �k..:.'.s
invest; includes such 1� ; -}
uc entities as the pt p
w �!■ s K i l.s r.�¢�� L{, �`.-� � —1 +s i,w�tf� —��i .l�f afLnVr i[��i itinM1'w
..",.mv.
Coastal Bend Health Facilities Development Corporation, Corpus Christi Housing Finance
Corporation, Corpus Christi Community Improvement Corporation, HOME Project, First Time Home
Buyer, Corpus Christi Industrial Development Corporation, Corpus Christi Business and Job
Development Corporation, North Padre Island Development Corporation, Corpus Christi Came
Control n ChrIStI } ad Prevention District, ;; ;F ry
Third Party Safekeeping Institution - Any Institution not affiliated Ili a with Institution delivering
the Investment.
Iv. INVESTMENT ENT OBJECTIVES
The following states the investment objectives of the City, in order of priority:
A. Preservation and Safety of Principal
Investments of the City shall be undertaken in a manner that seeks to ensure the
preservation of capital in the overall Investment Portfolio.
B. Liquidity
The City's Investment Portfolio must be structured in a manner which maintains the
liquidity necessary to pay obligations as they become due. Sufficient cash flows
must be maintained by rapidly depositing monies and timing disbursements.
Generally, Investments are matched to specific cash flow requirements such as
payrolls, construction drag down schedules, debt service payments, and other
payables. Liquidity is also achieved by investing in Investments with active
secondary markets or in Local Goverment Pools with stable net asset values.
It is imperative that the Investment Portfolio and Excess Cash Balances be protected
with sufficient Collateral at a minimum of 102% of current market values so that
monies are available as needed.
C. Return on Investments
The City's Investment Portfolio shall be designed with the objective of regularly
exceeding the average yield of the following benchmarks in a manner consistent with
the principles of this policy described in I.A and B.
Six -month average of Texpool, Texstar and Texas Daily
However, it must be recognized that during a declining market, satisfying this
objective may not be practical until Investments mature and can be re- invested,
especially since preservation of capital is the first priority in the investment of monies
pursuant to this Policy.
For bond issues to which arbitrage restrictions apply, the primary objectives shall be
to obtain satisfactory market yields and to minimize the costs associated with
investing such monies.
D. Diversification
Diversification is required because of differing liquidity needs of the city and is employed as
a way to control risk. Diversification minimizes the risk to the overall Investment Portfolio of
potential losses on individual Securities and enhances the safety of the Investment Portfolio.
Through the solicitation of competitive proposals, the City shall allocate and diversify
its Investments through various institutions. The following types of Investments will
be solicited from approved Institutions:
1. U.S. Treasuries
2* U.S. Government Agencies
3. Repurchase Agreements - through a Third Party Safekeeping Institution
Agreement, which includes an approved primary dealer doing business in
Texas as required by the PFIA.
4. Public Funds Investments Pools - through participation agreements; and
5. Certificates of Deposit - through approved local banks.
6. Money Market Mutual Funds
7. Guaranteed Investment Contracts (for Bond Proceeds only)
8. Texas Term Investment Pool.
The City recognizes that investment risks can result from default risk, credit volatility
risk, and market price risks due to various technical and fundamental economic
factors, and other complications, leading to temporary illiquidity.
To control market price risks, volatile Investments shall be avoided. To control
default risk, the only acceptable method of payment will be on a delivery versus
payment -basis for all transactions, except investment pool funds and repurchase
agreements.
Delivery versus Payment provides for payment to Institutions at the time the
Investments are recorded in book entry form at the City's Third Party Safekeeping
Institution, currently maintained at the Federal Reserve. For certificates of deposit,
sufficient Collateral at 102% of current market values must be pledged to protect all
City monies or monies under its control that exceed Federal Deposit Insurance
Corporation (FDIC) coverage; the Collateral must be safe kept at a Third Party
Safekeeping Institution not affiliated with the bank or bank holding company
providing the certificate of deposit.
v. AUTHORIZED INVESTMENTS AND MAXIMUM TERM
The City of Corpus Christi is authorized to invest in:
A. Authorized Investments
Obligations of the United States or its agencies and instrumentalities, which
currently include:
1. Short-term U.S. Treasuries: Maximum Term
a. U.S. Treasury Bills up to 365 days
b. U.S. Treasury Coupon Notes up to 3 years
c. U.S. Treasury Notes and Strips up to 3 years
2. U.S. Agencies: Maximum Terra
a, Federal Home Loan Bank up to 2 years
b. Federal National Mortgage Association up to 2 years
c. Federal Farm Credit up to 2 years
d. Federal H Loan l ort a•e Ccr oration up to 2 yrs
v� � "�' �'i`.r`a. "�; !'as.s. L:n,°�k1".: :,,..s,.y<,. ,�,:.� .�$'•t
,� {� }. ¢a i �s — .i ? ' [r �* e•. � � + .3'' �ft '.- x.3#,5°'. °�r.�#�, � �.: �f'%:x, A.� ..�� � -'
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f. Federal Agricultural Mortgage Corporation
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3. Repurchase Agreements up to 365 days
Repurchase agreements mu e fully collateralized at 102% with a defined
maturity date placed with a primary government dealer and safekept at a
Third Party Safekeeping Institution, as provided under the provisions of the
PSA (Public Securities Association) master repurchase agreement. An
executed agreement between the City, primary government dealer and Third
Party Safekeeping Institution will be on file before the City will enter into a tri-
party repurchase agreement.
Weekly monitoring by the City's Investment Officers of all Collateral
underlying repurchase agreements is required. More frequent monitoring
may be necessary during periods of market volatility. Reverse repurchase
agreements are not a permitted Investment.
4. Local Government Investment Pool up to 1 year
Investments made on behalf of the City by a public funds investment pool
duly created to function as a money market mutual fund that marks its
portfolio to market daily and, to the extent reasonably possible, which
stabilizes its portfolio to market daily and, to the extent reasonably possible,
which stabilizes its portfolio at a $1 net asset value. If the ratio of the market
value of the Pool's portfolio divided by the book value of the portfolio is Less
than 99.50% or greater than 100.50%, the Pool's portfolio holdings shall be
sold as necessary to maintain the ratio between 99.50% and 100.50 %.
The maximum amount that may be invested in any one local goverment
investment pool is the lesser of the following: i five percent of the tdial
current invested balance of the local government investment pool, or (11):
Aba Ai
x# t Y The maximum total amount that ma be invested
tOri-t: in all �:.�_ .t Iocal goverment investment pools is ._. `" . ~
... Investment Portfolio. The Director of Financial
Services or designee may allow for up to a * ,. v µ :i increase in
maximum amounts upon notification to investment Committee.
The public funds investment pool must be continuously rated no lower than
AAA or AAA_m or at an equivalent rating by at least one nationally
recognized rating service with a weighted average maturity no greater than
90 days. Local Government Investment Pools may contain investment
securities that are not directly authorized by this Policy, so long as i the
rating standard hereinabove stated is satisfied, and (ii) the investment is
permitted by Subchapter A of the Texas Public Funds Investment Act,
Chapter 2256 of the Texas Government Code.
5. Collateralized Certificates of Deposit up to 1 year
Certificates of deposit or other instruments issued by state and national
banks domiciled in Texas that are:
a. Guaranteed or insured by the Federal Deposit Insurance
Corporation or its successor; or
b. Secured by obligations that are described by Section V,
Subdivision A.1 (a) through A.2 (e).
Certificates of deposit must be fully collateralized at 102% of their
market value. The City requires the bank to pledge U.S. Treasuries
or U.S. Agencies as collateral. (Collateral Mortgage Obligations will
not be eligible as Collateral -see .C., The Investment Officers will
monitor adequacy of collateralization on a weekly basis.
6. Money Market Mutual Fund
A no -load money market mutual fund (no service charge) is an authorized
investment if:
a. the money market mutual fund is registered with and regulated
by the Securities and Exchange Commission
b. the money market mutual fund provides the City with a
prospectus and other information required by the Securities
Exchange Act of 1934 (15 U.S.C. Section 78a et seq.) or the
Investment Company Act of 1940 (15 U.S.C. Section 80a-1 et
seq.;
c. the money market mutual fund has a dollar weighted average
stated maturity of 90 days or fewer; and
d. the money market mutual fund includes in its investment
objectives the maintenance of a stable net asset value of $1 for
each share.
e. the assets of the money market mutual fund are invested in
those investments authorized under this Investment Policy.
7. Guaranteed Investment Contracts up to 3 years
Guaranteed investment contracts offer to pay a specific interest rate over a
period of time, and can be structured to reflect an anticipated draw down
schedule for capital improvements funded with bond proceeds. The collateral
and monitoring requirements applicable to repurchase agreements shalt
apply to guaranteed investment contracts. A guaranteed investment contract
may be utilized only in connection with the investment of bond proceeds. The
maximum term of a guaranteed investment contract shall not exceed the
anticipated construction period for the capital improvement, the construction
of which is to be funded with Bond Proceeds.
8. Texas Term Investment Pool .up to 1 year
The Texas Terra Local Government Investment Pool was created by Texas
local governments to provide investment programs tailored to the needs of
Texas cities. Texas Term is a fixed rate, fixed term portfolio option rated
AAAf by Standard and Poor's Corporation. Participants may lock in a fixed
rate for a term of 60 to 365 days. The Pool is directed by an Advisory Board
of experienced kcal finance directors and treasurers.
B. Weighted Average Maturity
In order to minimize risk of loss to the Investment Portfolio due to interest rate
fluctuations, Investment maturities will not exceed the anticipated cash flow
requirements of the Funds. Maturity guidelines by Fund are as follows:
The maximum term for any Investment other than Reserve Funds is three years.
The weighted averaged days to maturity shall be less than 365 days for Investments,
other than Reserve Funds.
1. Operating Funds
The weighted average days to maturity of Investments, other than Reserve
Funds, shall be 365 days or less. The Investment Officers will monitor the
maturity level and make changes as appropriate.
2. Capital Improvement Funds (Bond Proceeds, Bond Reserves, Debt Service
and Commercial Paper)
The Investment maturity of that portion of the City Portfolio that represents
Capital Improvement Funds (bond proceeds, reserve funds, debt service and
Commercial Paper) shall be determined considering:
a. The anticipated cash flow requirements of the Capital Improvement
Funds; and
b. The "temporary period" as defined by Federal income tax law during
which time bond proceeds may be invested at an unrestricted yield.
After the expiration of the temporary period, bond proceeds subject to
yield restriction shall be invested considering the anticipated cash
flow requirements of the Capital Improvement Funds.
Before an Investment can be made of bond proceeds from all bond issues
affected by the tax exempt bond provisions of the Internal Revenue Code of
1986, as amended (the "IRC"), a careful yield analysis must be performed to
comply with the Ile. Also, an annual rebate calculation must be performed
to determine if the City is required to rebate interest at the end of each
respective bond issue's five -year term.
Beginning on the anniversary of the third year for the respective bond issues,
all bond proceeds will be yield restricted as required by the IRC.
3. Reserve Funds: Established by Operative Bond Funds or by the City Council.
The following Reserve Funds may be invested up to five years in U.S.
Treasuries or Agencies: Maximum
imum
Choke Canyon Fund 4050 $10,000,000
City monies governed by this Policy may not be invested in other investments
permitted by law unless (1) such investments are specifically authorized for
the investment of these monies by an ordinance adopted by the City Council
issuing bonds or other debt obligations or II this Policy is amended to permit
such investment.
C. Methods to Monitor Investment Market Price
The City monitors the market price of investments by obtaining this information from
the Bloomberg system which is made available through the City's authorized
institutional brokers. The City may also obtain market price information from other
nationally recognized sources of financial information such as the Wall Street
Journal.
VI. INVESTMENT MIX AND STRATEGIES
A. Investment Mix
A minimum of 15% of the total Investment Portfolio shall be held in Investments with
maturity dates of 90 days or less for liquidity. U.S. Treasuries /Agencies may be
purchased for longer- term maturities (greater than one year) but shall not exceed
40% of the total Investment Portfolio to preserve liquidity.
Daily Investment reports shall specifically address whether stated Investment mix requirements
are being met. Unless approved by the Investment .} Committee, the target percentages
specified shall not be exceeded for temporary periods greater than thirty (30) days without the
Investment Officers taking corrective action.
B. Strategies
Investment strategies for Operating Funds and Capital Improvement Funds have as
their primary objective the assurance that anticipated cash flows are matched with
adequate investment liquidity. The secondary objective is to create an Investment
Portfolio structure, which will experience minimal volatility during economic cycles.
To accomplish this strategy, the City will purchase high quality, short -to- medium -term
investments which will compliment each other.
To pay for anticipated disbursements, investments will be laddered to correspond
with the projected cash needs of the City. Some Investments are acquired on the
short end of the yield curve (90 days or less) to meet immediate cash needs. A few
Investments are purchased on the intermediate part of the yield curve (1-3 years) to
lock in higher interest rates when rates are projected to decline due to the economic
cycle of the economy. The dollar weighted average investment maturity of 365 days
or less will be calculated using the stated final maturity dates of each investment.
Investment strategies for debt service funds shall have as the primary objective the
assurance of investment liquidity adequate to cover the debt service obligations on
the required payment date. Investments purchased shall not have a stated final
maturity date that exceeds the debt service payment date.
Investment strategies for debt service reserve funds shall have as the primary
objective the ability to generate a dependable revenue stream to the appropriate
debt service fund from investments with a low degree of volatility. In accordance
with the bond ordinance specific to an individual bond issue, which sets out the
maximum investment term, Investments should be of high quality, with short-to-
intermediate-term maturities.
Investment strategies for Special Purpose Funds will have as their primary objective
the assurance that anticipated cash flows are matched with adequate Investment
liquidity.
These investment portfolios shall include highly liquid investments to allow for
flexibility and unanticipated project outlays. The stated final maturity dates of
Investments held shall not exceed the estimated project completion date.
C. Achieving Investment Return Objectives
Investment selection shall be based on legality, appropriateness, liquidity, and
r iskireturn considerations. Monies designated for immediate expenditure should be
passively invested.
Passive Investment provides for:
1. Liquidity to pay upcoming disbursements (payroll, debt service, payments,
payables, etc.)
2. Maximizing investment terms under the current budget; and
3. Structuring the Investment Portfolio on laddered" basis.
The remaining portion of the Investment Portfolio may be invested actively and the
reasons for doing so are:
Active investment provides for:
a. The ability to improve yields in the Investment Portfolio by riding the yield
curve during business cycle recovery and expansion periods. Interest rates
on longer maturities typically exceed those on shorter maturities. Therefore,
longer maturities (that can be held to maturity, if necessary) are purchased in
anticipation of selling later at the same or lower interest rate, improving the
total return during the holding period.
b. The ability to improve market sector diversification by swapping out of one
investment into another for a better total return, to realign for disbursement
projections, or to extend or shorten maturity depending on economic
forecasts. The City Manager, or his designee, is required to approve any
investment that must be sold at a loss. All gains and losses will be reported
to the City Council and Investment Committee no less frequently than on a
quarterly basis.
II. RESPONSIBILITY SIBILITY AID CONTROLS
A. Authority to Invest
The authority to invest City funds and the execution of any documentation necessary
to evidence the investment of City funds is granted to the City Treasurer. The City
Treasurer and the Investment Analyst are the designated Investment Officers
responsible for the daily operation of the investment program.
The City Council may contract with an investment management firm registered under
the Investment Advisers Act of 1940 (15 J.S.C. Section 80b -1 et seq.) or with the
State Securities Board to provide for the investment and management of public
funds or other funds under its control. A contract made under authority of this
subsection may not be for a term longer than two years. A renewal or extension of
the contract must be made by the City Council by ordinance or resolution.
B. Establishment of Internal Controls
The City Treasurer will establish a system of internal controls over the Investment
activities of the City and document such controls in the Investment Procedures
Manual. These internal controls shall be approved by the Director of Financial
Services.
C. Prudent Investment Management
Investments shall be made with the same judgment and care, under prevailing
circumstances, that a person of prudence, discretion, and intelligence would
exercise in the management of the person's own affairs, not for speculation, but for
investment, considering the probable safety of capital and the probable income to be
derived. Prudent investment is to be judged by the Investment Portfolio as a whole,
not on individual Investments.
If liquidation is necessary due to a pool losing its AAA rating or for other reasons,
liquidation will be done in a prudent manner consistent with the investment
objectives of this policy and as provided in 2256.021 of the Goverment Code.
Investment of monies shall be governed by the following investment objectives in
order of priority:
1. preservation and safety of principal;
2. liquidity; and
3. yield.
The designated Investment Officers shall perform their duties in accordance with the
adopted Investment Policy 4V M1 ryx ...
i f
{. Investment Officers acting in good faith and accordance with these
policies and procedures shall be relieved of personal liability. The Investment
Committee and Officers are indemnified as provided by City Ordinance attached and
incorporated as Appendix C.
D. Standards of Ethics
The Investment Committee and City Treasurer will comply with the City's Code of
Ethics Ordinance attached and incorporated as Appendix B which requires
disclosure of financial interests by April of each year.
The designated Investment Officers and all members of the Investment Committee
shall adhere to the City's Ethics Ordinance. To the extent required by section
22,001 of the Government Code, the Investment Committee and City Treasurer
shall make such filings as required by law.
E. Training and Education
Recognizing that the training and education of Investment Officers contributes to
efficient and effective investment management, the City requires its Investment
Officers to obtain appropriate professional training.
Such training is currently required by, and shall be obtained in accordance with
Section 2256.008 of the Government Code Public Funds Investment Act. The
Investment Committee approves investment- training seminars presented by the
following organizations:
Goverment Finance Officers Association
Government Finance Officers Association of Texas
Government Treasurers Organization of Texas
Municipal Treasurers Association
Texas Municipal League
UNT Center for Public Management
If the Investment Officer desires to attend an investment - training seminar presented
by another organization for training credit, such seminar must be approved by the
Director of Financial Services or his designee.
VIII. COMPETITIVE SOLICITATION
Except for repurchase agreements, guaranteed investment contracts, and public
funds investment pools, any new issue investment will be purchased through an
Authorized Selling Group or directly through the issuer.
Any Institution authorized to participate in the City's investment program must meet
Collateral pledge requirements outlined in Section IV.D. of these guidelines and
must submit annual financial reports.
Ix. AUTHORIZED INSTITUTIONS
All institutions who seek to sell an authorized Investment to the City are required to
complete the questionnaire approved by the Investment Committee and furnish
supporting documentation required by the Investment Committee. Securities shall
only be purchased through those Institutions approved by the Investment Committee.
A. Investments shall only be made with those Institutions who have executed a written
instrument in a form acceptable to the City, executed by a Qualified Representative
of the Institution, and substantially to the effect that the Institution has:
1. Received, thoroughly reviewed and acknowledged, in writing, receipt
and understanding of the City's investment Policy.
2. Acknowledged that the Institution has implemented reasonable
procedures and controls in an effort to preclude investment
transactions conducted between the Institution and the City that are
not authorized by the City's investment Policy.
B. Investments shall only be made with those Institutions who have met the
qualifications and standards established by the City's Investment Committee and set
forth in the Investment Procedures Manual.
C. The Investment Committee shall, at least annually, review, revise, and adopt a list of
qualified brokers that are authorized to engage in investment transactions with the
City.
D. The City Treasurer will request the Investment Committee to authorize deletion of
Institutions for:
1. Slow response time;
2. Less than competitive pricing;
3. Little or no information on technical or fundamental expectations based on
economic indicators;
4. Failed transactions or continuing operational difficulties; or
5. Unwillingness to continue to abide by the provisions listed in I.A.; or
6. Other reasons as approved by the Investment Committee.
X. PLEDGED COLLATERAL
The market value of pledged Collateral must be at least 102% of the principal plus accrued interest
for Excess Cash Balances, certificates of deposit, guaranteed investment contracts, and repurchase
agreements. Evidence of proper collateralization in the form of original safekeeping receipts held at
a Third Party Safekeeping Institution not affiliated with the Institution pledging the Collateral will be
approved by the City Treasurer and will be maintained in the city's Treasurer Office. An authorized
City Representative (See Appendix A) will approve and release all pledged collateral.
A. Collateral Substitution
Collateralized Investments and certificates of deposit often require substitution of
Collateral. Any Institution must contact the Investment Officers for approval and
settlement. The substituted collateral's value will be calculated and substitution
approved if its value is equal to or greater than the required collateral value.
Substitution is allowable for all transactions, but should be limited, to minimize the
City's potential administrative problems.
B. Collateral Reductions
Should the collateral's market et value exceed the required amount, any Institution may
request approval from the Investment Officer to reduce collateral. Collateral
reductions may be permitted only if the City's records indicate that the collateral's
market value exceeds the required amount.
C. Prohibited Securities
Investment securities described in Section 2256.009(b), Government Code, shall not
be eligible for use as collateral of City monies governed by this Policy.
xi. SAFEKEEPING
A. Third Party Safekeeping Agreement
The City shall contract with a Bank or Banks for the safekeeping of Securities either
owned by the City as a part of its Investment Portfolio or held by the City or a Third
Party Safekeeping Institution as Collateral to secure certificates of deposit,
repurchase agreements, guaranteed investment contracts or Excess Cash
Balances.
B. Safekeeping of Certificate of Deposit Collateral
All Collateral securing bank and savings and loan deposits must be held by a Third
Party Safekeeping Institution approved by the City, or Collateral may be held at the
Federal Reserve Bank.
C. Safekeeping of Repurchase Agreement Collateral
Repurchase Agreement Collateral is restricted to U.S. Treasuries and must be
delivered to a Third -Party Safekeeping Institution with which the City has (subject to
the limitation described in Section X.C. above) established a third -party safekeeping
agreement.
D. Guaranteed Investment Agreement Collateral
Guaranteed investment contract collateral is restricted to U.S. Treasuries and
Agencies (subject to the limitation described in Section X.C. above) and must be
delivered to a Third -Party Safekeeping Institution with which a third -party
safekeeping agreement has been established pursuant to the terms of the
guaranteed investment contract.
II. WIRE E AND ELECTRONIC OI IC SERVICES
Wire and electronic services are to be provided as referenced in the City's
Depository Services agreement, portions of which are attached and incorporated as
Appendix D. The City requests applications for depository services every three to
five years.
XIII. INFORMATION REPORTING/EVALUATION
The City Treasurer and Investment Analyst are hereby designated as the Investment
Officers and are responsible for the daily operation of the Investment program and
will report to the Investment Committee on a quarterly basis.
A. Investment Committee consists of:
City Manager
Assistant City Managers
Director of Financial Services or if vacant, $ ` : #" x Director of Financial
Services
City Attorney
Director of Management and Budget or if vacant, Assistant Director of Management
and Budget
The Investment Committee will be responsible for monitoring, reviewing, and making
recommendations regarding the City's Investment program to the City Council.
Reports will be provided to the City Council by the Investment Officers no Tess than
quarterly, as required by the Public Funds investment Act.
B. Internal Reporting/Evaluation
The following reports are to be submitted on a:
1. Weekly basis to the Director of Financial Services or Designee (Excluding
Investment Officers):
a. Cash Position by Bank Account
b. Collateral Position
c. Investment Portfolio (Including Purchases /Maturities)
2. Quarterly Reporting to Investment Committee and City Council.
Executive Summary
Schedules
a. Combined Investment Portfolio Report of Market versus Book Values
b. Combined Portfolio Composition
c. Individual Portfolio Composition
d. Cash and Equivalents, U.S Treasuries and Investments Greater than
One Year
e. Combined Summary of Investment Transactions
f. Combined Investment Portfolio - Weighted Average Maturity
g. Investment Revenue
h. Aggregate Activity per Broker and Analysis of Excess Collateral
Coverage
i. Comparison of Investment Returns to Benchmarks
j. Investment Portfolio Report of Market versus Book Values and
Weighted Average Maturity — Lake Texana Project
k. Bond Funds by Issue
1. Approved Institutional Brokers
m. Economic and Interest Rate Forecast
n. Glossary
0. Compliance Statement
p. Quarterly Investment Committee Meeting Minutes from Previous
Meeting
C. External Reporting/Evaluations
On a quarterly basis, the City's main depository and all applicable institutions
providing certificates of deposit in excess of FDIC coverage will provide to the
Investment Officer for review a copy of the balance sheet and income statement for
the Call Report. All Institutions will provide annual audited financial statements. Any
local goverment investment pools must provide reports and disclosure statements
as required by the Public Funds investment Act.
D. Record Retention
The City follows the guidelines of retaining records for five years from City's current
fiscal year, as recommended in the Texas State Library Municipal Records Manual
or may be authorized by the City's local records management guidelines.
XI V. BANKING SERVICES
All depository services are provided in the City's main depository agreement. Other
services such as credit cards, direct deposit of payroll or other services may be
administered through separate agreements. To aggressively invest Excess Cash
Balances, controlled disbursements accounts, zero balance accounts and other cash
management tools may be employed.
XV. GENERAL PROVISIONS
A. Audits and Inspections. During regular business hours and as often as the
Investment officers deem necessary, the Institution providing certificates of deposit
will make available for examination by the City Manager, his duly authorized agent,
accountant, or legal representative, such records and data to assure the pledge of
Collateral, availability of Collateral, and financial stability of the Institution.
B. compliance with Laws. Each Institution agrees to comply with all federal, state,
and local laws, rules, regulations, and ordinances. The personnel or officers of such
Institution shall be fully qualified and authorized under federal, state, and local law to
perform the services set out under this Policy. Each Institution shall permit the
Investment Officers to audit, examine, and make excerpts or transcripts from such
records and to make audits of all contract, invoices, materials, and other data
relating to applicable Investments.
C. Performance Audits. The City's Annual External Financial Audit shall include a
compliance audit of management controls on Investments and adherence to this
Policy. If the City invests in other than money market mutual funds, investment pools
or accounts offered by its depository in the form of certificates of deposit or money
market accounts, the quarterly reports prepared by Investment Officers for the City
Council must be formally reviewed at least annually by an independent auditor. The
results of the review must be reported to the City Council by that auditor.
0. Investment Policy Resolution. The resolution authorizing this Investment Policy is
attached.
RESOLUTION
APPROVING AMENDMENTS TO THE CITY INVESTMENT POLICY WHICH
INCLUDES THE ADDITION OF THE SECURITY LENDING PROGRAM, THE
REMOVAL OF THE STUDENT LOAN MARKETING ASSOCIATION AS
AUTHORIZED INVESTMENTS FOR CITY FUNDS, AND OTHER
ADMINISTRATIVE CHANGES.
WHEREAS, the City of Corpus Christi Investment Policy was adopted in Resolution No.
022390 on October 24, 1995; amended in Resolution No. 022980 on July 8, 1997;
amended in Resolution No. 023472 on October 27, 1998; amended in Resolution No.
023864 on December 14, 2999; amended in Resolution No. 024208 on September 12,
2000; amended in Resolution No. 024679 on December 11, 2001; amended in
Resolution No. 025151 on December 17, 2002; amended in Resolution No. 025266 on
April 15, 2003; and amended in Resolution No. 025557 on November 11, 2003; and
amended in Resolution No. 026345 on July 19, 2005; and amended in Resolution No.
027290 on May 29, 2007.
WHEREAS, the City of Corpus Christi Investment Committee ittee reviewed the proposed
amendment to the Investment Policy to add the Security Lending Program as
authorized investments, the removal of the Student Loan Marketing Association, and
recommends that the City Council approve such amendments; and
WHEREAS, the Investment Policy provides for annual revie w by City Council and City
Council approval of any amendments to the Investment Policy;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
Section 1. Section 111 of the City of Corpus Christi Investment Policy is amended to
read as follows:
"111. DEFINITIONS
Authorized City Representative R Officers authorized to transact as set out in the attached and
incorporated Appendix A on behalf of the City (City Treasurer, Investmerit_Analyst, Controller,
Chief Accountant, Deput Director of Financi l_S rvices and Director of Financial Services).
Director of Financial Services Designee — Deputy Assistant Director of Financial Services,
Controller or Chief Accountant.
Special Purpose Funds - Monies of non- profit corporations that Investment Officers are
permitted to invest; includes such entities as the
, Coastal Bend l--Health Facilities Development Corporation, Corpus Christi Housing
investment polciy res.doc
2
Finance Corporation, Corpus Christi Community Improvement Corporation, HOME Project, First
Time Home Buyer, Corpus Christi Industrial Development Corporation, Corpus Christi Business
and Job Development Corporation, North Padre Island Development Corporation, Corpus
Christi Crime Control and Prevention District, and Corpus Christi Di•ital Communit
Development Corporation.
Section 2. Section IV of the City of Corpus Christi Investment Policy is amended to
read as follows:
Iv. INVESTMENT OBJECTIVES
D. Diversification
9. Securities l„ n it g r ran
Section 3. Section V of the City of Corpus Christi Investment Policy is amended to
read as follows:
11. AUTHORIZED INVESTMENTS AND MAXIMUM TERM
2. U.S. Agencies:
Maximum Term
3. Repurchase Agreements up to 365 days
Repurchase agreements must be fully collateralized at 102% with a
defined maturity date placed with a primary government dealer and
safekept at a Third Party Safekeeping Institution, as provided under the
provisions of the PSA (Public Securities Association) master repurchase
agreement. An executed agreement between the City, primary
government dealer and Third Party Safekeeping Institution will be on file
before the City will enter into a tri party repurchase agreement.
4. Local Government Investment Pool up to 1 year
investment polciy res.doc
3
The maximum amount that may be invested in any one local government
investment pool is the lesser of the following: i five percent of the
total current invested balance of the local government investment pool, or
(ii) $65,OO ,000,000. The maximum total amount that may be
invested in all overnight focal government investment pools is
{25)-per-Gent thirty percent of the Investment Portfolio. The Director
of Financial Services or designee may allow for up to two -week
increase in maximum amounts upon notification to Investment
Committee.
** *tie
LTexasTerrn Investment P l .. up to 1 year
The Texas Term Local Government Investment Pool was created b
Texas Iopl- g_ovnmerrts to provide investment prrams-tailyd to th
ids of Texas pities. _Texas_ Term is a fixed rate, fixed term portfolio
option _rated AAAf by Stan arr -and Pooris Corporation. ParticOants may
lock in a fixed rate for a term of o to 365 days. ThI is directed by
an Adviso Board of ex erienced local finance directors and treasurers.
9. securities Le in ! Pro ! ram u • to 1 ear
► securities lending program Qualifies as an authorized investment
if the value of the securities loaned- under the • ro • ram is not less
than 100
ercent collateralized. A loan made under the • ro • ram
must allow for termi atii n_at any tirr . - A loan made under the
progrmi_must_ be secured by plecicied securities described _ by
Section 2256.009(aksjoclged - irrevo bl _letters of credit issued
b a bank that is ored and existing under the laws of the
United States or an other state and continuously rated by at least
one national! reco • nixed investment ratin • firm at not less than A
or its equivalent or cash invested in accordance with section
2256.009, 2256 013, _2256.014 or 2256,016. The terms of a loan
made the prawn rnt- require that _the securities being
held -as collateral be *died to the City held in the Cit 's name
and deposited apt _the time the_ investment eat is made with the Cit or
with a third • art selected b or a • • roved b the Cit . A loan
r Wade under tb grogram must be placed through a primary
•overnment securities dealer or a financial institution doin•
business in the state. _n agreement to lend securities must have
a term of one par or less.
Section 4. Section VI (A) of the City of Corpus Christi Investment Policy is amended to
read as follows
VI. INVESTMENT III AND STRATEGIES
investment polciy res.doc
4
A. Investment Mix
Daily Investment reports shall specifically address whether stated Investment mix
requirements are being met. Unless approved by the Investment Advisory
Committee, the target percentages specified shall not be exceeded for temporary
periods greater than thirty days without the Investment Officers taking
corrective action.
Section s. Section VII (C) of the City of Corpus Christi Investment Policy is amended to
read as follows
II. RESPONSIBILITY AND CONTROLS
C. Prudent Investment Management
The designated Investment Officers shall perform their duties in accordance with
the adopted Investment Policy and yr ce 1u -es cet fort
Facoeeduces4Aanual. Investment Officers acting in good faith and in accordance
with these policies and procedures shall be relieved of personal liability. The
Investment Committee and Officers are indemnified as provided by City
Ordinance attached and incorporated as Appendix C.
Section 6. Section VIII of the City of Corpus Christi Investment Policy is amended to
read as follows
VIII. COMPETITIVE SOLICITATION
Section 6. Section XIII(A) of the City of Corpus Christi Investment Policy is amended to
read as follows
I I. INFORMATION REPORT1NG/EVALUATION
A. Investment Committee consists f:
Director of Financial Services or if vacant, Assistant Deputy Director of Financial
Services
investment polciy res.doe
SECTION 7. The City Council has reviewed and does approve the attached Investment
Policy as amended. A copy of the amended City Investment Policy is attached and
incorporated as an Exhibit.
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: l ecemb r 11, 2007
Benjar in V. Lugg
Assistant City Attorney
for City Attorney
investment poiciy res.doc
Henry Garrett
Mayor
Corpus Christi, Texas
2007
The above resolution was passed by the following vote:
Henry Garrett
Melody Coo per
Larry Elizondo, Sr.
Mike Hummel!
Bill Kelly
Patricia G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
investment poI iy res.doc
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19
AGENDA MEMORANDUM
DATE: December 11, 2007
SUBJECT: O. N. Stevens Water Treatment Plant Clearwell No. 2 Repair
(Project No. 8546)
AGENDA ITEM:
A. Motion authorizing the City Manager, or his designee, to execute a construction contract with
Epoxy Design Systems, Inc. from Houston, Texas in the amount of $162,000 for the 0. N.
Stevens Water Treatment Plant Clearwell No. 2 Repair for the Total Base Bid No. 1.
B. Motion authorizing the City Manager, or his designee, to execute a construction contract with
Garrett Construction from Ingleside, Texas in the amount of $100,1 53 20 for the O. N. Stevens
Water Treatment Plant Clearwell No. 2 Repair for the Total Base Bid No. 2.
ISSUE: The proposed project provides repairs to Clearwell No. 2 at the 0.1 J. Stevens Water Treatment
Plant which has experienced settlement at the southeast corner causing leakage along structural joints.
Due to the settlement and cracking, the Clearwell capacity is limited to 50% which reduces the City's
ability to meet peak demands. The project was developed in two parts. One part was for soil
stabilization to address settlement; and the second part to provide crack repairs to the Clearwell to return
to design capacity. The project has bid and is ready to be awarded, which requires City Council
approval.
FUNDING: Funding is available from the FY 2007 Water Capital Improvement Plan (CIP) Budget.
RECOMMENDATION: TION: Staff recommends approval of the Motion as presented.
Gustav
Interim
Gonzalez,
Kevin Stowers,
irector of W. ter I - artment Interim Director of Engineering Services
Additional see rt M terial:
Exhibit ` {A" Background Information
Exhibit " -1" Prior Project Actions.
Exhibit "B" Project Budget
Exhibit 1'C" Tabulation of Bids
Exhibit "D" Location Map
H:1U E 21HOME11lELMA ENVNATEMONSW 18546\A ENDA MEMO
BACKGROUND INFORMATION
SUBJECT: O. N. Stevens Water Treatment Plant Clearwell No. 2 Repair
(Project No. 8546)
PROJECT DESCRIPTION: : The actual work consists of two base bids. The first consists of
installing 2,040 linear feet of combiflex sheeting, attached to the concrete floor and side
walls at all interior joints of the clearwell with epoxy resin adhesive, to minimize leakage out
of the clearwell. The contractor must comply with all applicable Occupational Safety and
Health Administration (OSHA) requirements including those relating to confined space
entry.
The second base bid consists of improvements to 492 feet of the clearwell perimeter to
prevent story water runoff from eroding the adjacent downward slope, including excavation
of existing soil, back fill with select materials, compaction, and grading.
BID INFORMATION: The bidding format allowed for a bidder to submit bid proposals on
Base Bid 1 or Base Bid 2 or both of the Base Bids. No bid proposals were submitted for
both Base Bid 1 and Base Bid 2; therefore, it is proposed that two contractors be awarded
the contact, one contract for Base Bid 1 and one contract for Base Bid 2.
Bids were received on November 21, 2007 with six bidders submitting a bid proposal,
three (3) for Base Bid 1 and three (3) for Base Bid 2. The bids range as follows:
Base Bid 1
from
$162,000.00
to
$228,000.00
Deductive Alternate 1
from
$900.00
to
$5,OOOOO
Base Bid 2
from
$1 00,153.20
to
$311,088.27
The engineer's estimated cost of construction is $468,718. The low bid for Base Bid 1 was
submitted by Epoxy Design Systems, Inc. of Houston, Texas. The low bid for Base Bid 2
was submitted by Garrett Construction Company of Ingleside, Texas. See Exhibit "C"
Tabulation of Bids.
The City's consultant, Freese & Nichols, Inc., and City staff recommend that the
construction contract for Base Bid 1 be awarded to Epoxy Design Systems, Inc. in the
amount of $162,000; and that Base Bid 2 be awarded to Garrett Construction Company in
the amount of $1 00,1 53.20 for the 0. N. Stevens Water Treatment Plant Clearwell No. 2
Repair Project.
TIME OF COMPLETION: The contract provides for the work to be complete within
calendar days of notice to proceed.
H:1U ER IHOMEIVELMAPI ENIWATER ON SWTP1854 1A ENDA BACKGROUND
PRIOR PROJECT ACTIONS
SUBJECT: 0. N. Stevens Water Treatment Plant Clearwell No. 2 Repair
(Project No. 8546)
PRIOR COUNCIL ACTION:
1. September 19 2006 — Ordinance approving the FY 2007 Capital Improvement Plan
(CIP)Budget in the amount of $146,994,500. (Ordinance No. 026997)
2. December 12, 2006 — Motion authorizing the City Manager, or his designee, to
execute an Engineering esi n Contract with Freese and Nichols, Inc. of Austin,
Texas in the amount of $52,900 for the O. N. Stevens Water Treatment Plant
Clearwell No. 2 Repairs. (Motion M2006-395)
PRIOR ADMINISTRATIVE ACTION:
1. August 2 2005 — Administrative award of an Engineering Contract to Freese and
Nichols, Inc. of Austin, Texas in the amount of $25,000 for the O. N. Stevens Water
Treatment Plant Clearwell No. 2 Repair Project to determine if the cleanNell is
experiencing ongoing settlement and to recommend temporary repairs and
alternatives for permanent repairs.
2. .January 30, 2006 Administrative award of an Agreement for Construction Materials
Engineering Laboratory's Inspection and Materials Testing Services to Fugro
Consultants, LP of Corpus Christi, Texas in the amount of $8,429.50 for the O. N.
Stevens Water Treatment Plant Clearwell No. 2 Repair Project.
3. November 10, 2006 Administrative award of Ratification and Amendment No. 1 to
the Agreement for Construction Materials Engineering Laboratory's Inspection and
Materials Testing Services to Fugro Consultants, LP of Corpus Christi, Texas in the
amount of $959.50 for the 0. N. Stevens Water Treatment Plant Clearwell No. 2
Repair Project.
H:IUSEF S 1HQME\VEL1 AP\ EN\WATER1 N WTP185481PHIOR PROJECT ACTIONS
PROJECT BUDGET
O. N. STEVENS WATER TREATMENT PLANT
CLEARWELL ELL N . 2 REPAIR
Project No. 8546
December nber 11, 2007
FUNDS AVAILABLE:
Water......... ••• ......... Y •• .....+ ...... .0. F. • ••• .1* s..........+ ...... $383,157.29
FUNDS REQUIRED:
Construction:
Epoxy Design Systems, Inc... • . ... . ................. ............. , .... $162,000.00
Garrett Construction__ ...... •••••• •+• .•+ .+, .................. 100,1 53.29
Total... iii. +i■I11*+. *......• •... • ,., •.,, . +, •4 +� •... •... .,• ... ..• ... $262,153420
Contingencies 10% ... .......... , . + .. , + , . , + .................... . ••• ...... 26,21 5.00
Consultant (Freese & Nichols,
I n ) . . . . •I •%I .. + . . . . .. ••• ......... 77,900.00
T e s t i F T r Consultants, LP)....... •• + + F r •+ ... + + ■ r . . 4 + • . .. .. . . . . • 9,389.00
Engineering Reimburs nts............
..+ ••• ...... ... ............... •• 5,000.00
Misc. (Printing, Advertising, etc.) ...... • • • ............ +. +,.. ... ... ................ 2,500.00
Total...... • . • ........+ , . . . . . . . . ...... . . . . . . . . . • • • ....,........... $ 3 157.20
HAUSERS21HOMEIVELMAKGENVNATERIONSWTM85461PROJECT BUDGET
TABULATION OF BIDS
DEPARTMENT OF ENGINEERING IN SERVICES - CITY OF CORPUS CHRISTI
Estimate $468,715
Tabulated by: Kevin Stowers, Interim Director of Engineering Services
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P. 0. Box 10423
Corpus Christi, TX 78460
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P. O. Box 19485
Houston, TX 77224 .. _ .
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PROJECT NO. 8546
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BASE BID 1
Mobilization and demobilization in accordance with the specifications, complete and in
;place per Lurn Sum.
Expansion Joint Sealer System complete and in place per Lump Sum.
MANDATORY ALLOWANCE for improvements identified during construction, complete
and in place per Lump Sum.
DEDUCTIVE ALTERNATE 1
Deduct for allowing the clearwell to be out of service for additional nine consecutive
calendar days (total 30 calendar days) per Lump Sum.
BASE BID
Mobilization and demobilization in accordance with the specifications, complete and in
place per Lunn Sum.
Excavation complete and in place per Cubic Yard.
Compaction complete and in place per Cubic Yard.
Well rounded gravel complete and in place per Cubic Yard.
rGeotexe complete and in place per Square Yard.
Geomembrane complete and in place per Square Yard.
Wall Anchors complete and in place per Each.
MANDATORY ALLOWANCE for improvements identified during construction, complete
in place per Lump Sum.
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DEPARTMENT OF ENGINEERING SERVICES E - CITY OF CORPUS CHRISTI
Estimate $468,715
Tabulated by: Kevin Stowers, Interim Director of Engineering Services
Date: November 21, 2007
Delta Prime Specialty Services
P. O. Box 10423
Corpus Christi, TX 78460
$173,720.00
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Epoxy Design Systems, Inc.
P. 0. Box 19485
Houston, TX 77224
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O. N. STEVENS WATER TREATMENT PLANT
CLEARWELL N. 2 REPAIR
PROJECT N. 8545
pun
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Description
BID SUMMARY
Total Base Bid 1
Total Base Bid 1 - Deductive Alternate 1
Total Base Bid 2
Total Base Bid 1 + Total Base Bid 2
Total Base Bid 1 - Deductive Alternate 1 + Total Base Bid 2
TABULATION OF BIDS
DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI
Estimate $468,715
Tabulated by: Kevin Stowers, Interim Director of Engineering Services
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Ingleside, TX 7 362
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6601 Boucher Drive
Edmond, OK 73034
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CLEARWELL NO. 2 REPAIR
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Mobilization and demobilization in accordance with the specifications, complete and in
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MANDATORY ALLOWANCE for improvements identified during construction, complete
and in place per Lump Sum.
DEDUCTIVE ALTERNATE 1
Deduct for allowing the clearwell to be out of service for additional nine consecutive
calendar days (total 30 calendar days) per Lump Sum.
BASE BID
Mobilization and demobilization in accordance with the specifications, complete and in
place per Lum Sum.
Excavation complete and in place per Cubic Yard.
Compaction complete and in place per Cubic Yard.
Well rounded gravel complete and in place per Cubic Yard.
Geotextile complete and in place per Square Yard.
Geomembrane complete and in place per Square Yard,
Wall Anchors complete and in place per Each.
MANDATORY ALLOWANCE ANCE for improvements identified during construction, complete
in place per Lump Sum.
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TABULATION OF BIDS
DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI
Estimate $468716
Tabulated by: Kevin Stowers, Interim Director of Engineering Services
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CLEARWELL NO. 2 REPAIR
PROJECT NO. 8546
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Total Base Bid 1 - Deductive Alternate 1 + Total Base Bid 2
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EXHIBIT 'e"
Page 4 of
TABULATION OF BIDS
DEPARTMENT IT F ENGINEERING IN E VI ES - CITY OF CORPUS CHRISTI
Estimate $468,715
Tabulated by: Kevin Stowers, Interim Director of Engineering Services
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P. 0. Box 260429
Corpus Christi, TX 78426
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O. N. STEVENS WATER TREATMENT PLANT
CLEARWELL I. 2 REPAIR
PROJECT N. 8548
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TOTAL BASE BID 1 (Bid Items 1A -1 )
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MANDATORY ALLOWANCE for improvements identified during construction, complete
and in place per Lump Sum.
DEDUCTIVE ALTERNATE 1
•
Deduct for allowing the clearwell to be out of service for additional nine consecutive
calendar days (total 30 calendar days) per Lump Sum.
BASE BID 2
Mobilization and demobilization in accordance with the specifications, complete and in
'place per Lum Sum.
Excavation complete and in place per Cubic hard.
Compaction complete and in place per Cubic Yard.
Well rounded gravel complete and in place per Cubic Yard.
Geotextile complete and in place per Square Yard.
: eomembrane complete and in place per Square Yard.
Wall Anchors complete and in place per Each.
MANDATORY ALLOWANCE for improvements identified during construction, complete
in place per Lump Sum.
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Corpus Christi, TX 78426
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CLEARWELL NO. 2 REPAIR
_ ... - - _ PROJECT N. 8646
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Total Base Bid 1 - Deductive Alternate 1 + Total Base Bid 2
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Note - Contractor submitted their Proposal with math errors. Math errors have been corrected; and the correct amounts are displayed in bold type above.
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F.M. 624
C.C.I. AIRPORT
LOCATION MAP
ALTERNATE POWER VJ
SING N
UP RIVER ROAD
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o. N. STEVENS PLANT
NOT TO SCALE
C!P PROJECT # 8548 EXHIBIT 'D'
O.N. STEVENS WATER TREATMENT PLANT
CLEARWELL NO. 2 REPAIR
CITY COUNCIL E HI f
CITY of CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENCINIXRING SER 14CES
PAGE: 1 of
DATE: 11- 8 -2007
20
AGENDA MEMORANDUM
g& Council Action Date. December 11, 2007
SUBJECT: Lindale/Chenoweth Subdivision Area Drainage Improvements, Phase 1
Part B (Project No. 2243) - CHANGE ORDER NO.
AGENDA ITEM: Motion authorizing the City Manager or his designee to execute Change
Order No. 9 to the construction contract with SLC Construction, L.P., of Conroe, Texas, in
the amount of $192,173.86 as part of the Lindale/Chenoweth Subdivision Area Drainage
Improvements, Phase 1, Part B for the Lifecycle replacement of a waterline associated with
this project.
ISSUE! The proposed change order will replace an existing 6 -inch asbestos cement water
line with a new 8 -inch PVC water line along Reid Drive between McCall Street and Harrison
Street, a distance of approximately 2,660 feet. This water line replacement is necessary in
order to provide for improved water quality and water pressure and to improve the life cycle
of the line.
The existing water line has reached the end of its useful service life and will be replaced as
part of a yearly program that schedules the replacement of city lines that are in the poorest
condition and those that are creating the most severe maintenance issues.
FUNDING: Funds for this project are available from the FY 2006 -2007 Water Capital
Improvement provement Budget.
RECOMMENDATION: Staff recommends approval of the motion as presented.
Gusta
Interim
ViKfre7
Gonzale � Kevin Stowers
irector r Services
Additional support Material:
Exhibit "A" Background Information
Exhibit "B" Change Order Detail & Summary
Exhibit "C Location Map
Interim Director of Engineering Services
RIHOMEIRachelle1GENIDnainage12243. 6367, 6392-LindalelConstruction1C0 No. 91Agenda Memo.doc
BACKGROUND INFORMATION
SUBJECT: Lindale cheno eth Subdivision Area Drainage Improvements Ph.1 Part
(Project No. 2243)
CHANGE ORDER NO. 9 DESCRIPTION: TION: During construction of this project, it was
determined that due to the age and condition of the existing water line in the project area,
replacement would be required. There have been numerous breaks in the line during
construction and failure to replace this line now will ultimately result in future breakage,
disruption of service and customer inconvenience. in order to avoid tearing up new
pavement in this area, it is in the City's best financial interest to replace the line during
construction before the pavement is installed.
PROJECT DESCRIPTION: N In order to economize on costs and expedite construction,
three separate projects within the same service area are being constructed together.
The first element of this project is the Lindale/Chenoweth subdivision Area Drainage
Improvements, Phase 1, Part B. As part of the Council- approved $55 million list of
Storm Water improvements designed to upgrade the drainage in various parts of the city,
funds were provided to improve drainage in the Lindale Subdivision and the Chenoweth
area. Part A of this project was completed and consisted of the construction of a larger
and improved drainage outfall system between Corpus Christi Bay and Santa Fe Street,
Part B of this project continues this drainage system on Katherine from Santa Fe westward
and crosses Alameda adjacent to the H.E.B. on Alameda to Reid Drive. The system then
goes both directions on Reid Drive with it terminating at Texan Trail on one end and at
Harrison Street on the other end. As part of this project, laterals with inlets will be
constructed along the route.
The second element of the project consists of street and associated utility improvements in
the Lindale Subdivision area as part of the 2004 Bond Issue for Neighborhood borhood street
Improvements, Cluster 6. The work consists of total street reconstruction with new curb
and gutter, side walks, driveway approaches and utility improvements along the following:
STREET SECTION
Reid Drive
Harrison
Sorrell
Deforrest
Deforrest
Vaky
McClendon
FROM
Texan Trail
Alameda
Alameda
Alameda
Alameda
Hoffman
McCall
Katherine
Gordon
Botsford
Glazebrook
Robinson
TO
Harrison
100' 5. of Reid
100' S. of Reid
100 S. of Reid
Alameda
Lawnview
Alameda
Alameda
Alameda
Botsford
Glazebrook
Robinson
McCall ,McCall
100' S. of Reid
loo' S. of Reid
Alameda
100' S. of Reid
100' 5. of Reid
11:1HOMEIRacheihAGENIDniinageV243, 6367, 6392- Lindalel onstruction1 O Igo, 9tAgenda Background.doc
Reid
100' S. of Reid
100' 5. of Reid
100' S. of Reid
100' S. of Reid
EXHIBIT »�
Pagel of
[iXHIBIT»A»
Paget of 2
The third element of the project is to provide ADA compliance on the west side of
Alameda Street between Harrison and McCall, This will complete the ADA
improvements on Alameda from Louisiana to Doddridge started by TxDOT and will be
funded through the 2004 Bond Issue project designated for ADA Improvements.
PROJECT BACKGROUND: The Lindale Chen weth Subdivision Drainage Improvements,
Phase 1 was approved under the $55 million Storm Water Capital Improvement Program.
In addition, 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 ve existing physical
facilities, provide for growth, and protect the City's investment in its infrastructure.
On January 7, 2005, a small NE Amendment was issued to Goldston Engineering, Inc.
contract for the Lindale Chenoweth Subdivision Drainage Improvements project to begin
work on the Bond Issue 2004 Neighborhood Street Reconstruction project for Cluster 6.
H:1HOME\Rache1Ie1 ENIDrainage12243, 6367, 6392-LindaleiConstructionICO No. 9 Agenda Background.doc
PRIOR PiOJECT ACTIONS
SUBJECT: Lindale/Chenoweth Subdivision Area Drainage Improvements Ph.1 Part B
(Project No. 2243)
Prior project actions have included:
PRIOR COUNCIL ACTION:
1. April 20, 20 04 — Motion authorizing the City Manager or his designee to execute
Amendment No. 1 to the contract for professional services with Goldston Engineering
Inc. in the amount of $886,305 for a total restated fee of $911,045 for the
Lindale/Chenoweth Subdivision Drainage Improvements, ents, Phase 1 project. illlotion No.
M2004 -156)
2. tvernber_IQ. 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)
3. January _11 - Motion authorizing the City Manager or his designee to award a
construction contract to Ramos Industries Inc. of Pasadena, Texas, in the amount of
$3,009,625 for the Lindale/Chenoweth Subdivision Drainage Improvements, Phase 1
Part A for the Base Bid and Additive Alternate No. 1. (Motion No. 2005 -003)
4. Marh29, 2005 -- Ordinance approving the FY 2005 Capital Budget in the amount of
$178074,800. (Ordinance No. 026188)
5. September20, 2005 - Motion authorizing the City Manager, or his designee, to execute
Change Order No. 1 to the construction contract with Ramos Industries from Pasadena,
Texas in the amount of $635,643.62 for the Storm Water Major Ouffalls
Lindale/Chenoweth Ouffall.
6. November 15, 2005 - Motion authorizing the city Manager or his designee to execute
Amendment No. 4 to the contract for professional services with Goldston Engineering
Inc. in the amount of $149,058 for the Lindale/Chenoweth Subdivision Drainage
Improvements, Phase 1 project. (Motion No. M2005 -395)
7. July 27, 2006 - Motion authorizing the City Manager or his designee to execute
Amendment rho. 5to the contract for professional services with Goldston Engineering
Inc. in the amount of $1,0941,748 for the Lindale/Chenoweth Subdivision Drainage
Improvements, Phase 1 project.
8. October 31, 2006 - Motion authorizing the city Manager, or his designee, to award a
construction contract to SLC Construction of Conroe, Texas in the amount of
$11,300441.39 for the Lindale Cheno weth Subdivision Drainage Area Improvements,
Phase 1, Bond 2004 Cluster 6 Neighborhood Street Reconstruction and ADA
Compliance Alameda Street. (BOND ISSUE 2004) (Motion No. 2006-355)
9. October 31, 2006 - Motion authorizing the City Manager, er, r his designee, to execute a
Construction Materials Testing Contract with Rock Engineering f Corpus Christi
Texas
in the amount of 72,076.00 for the Lindale Chenoweth Subdivision Drainage Area
Improvements, Phase 1, Bond 2004 cluster 6 Neighborhood Street Reconstruction and
ADA Compliance Alameda Street. BONL ISSUE 2004) (Motion No. 2006 -356)
H: H MBRachelle\ EN1Drainagel2 4 , 6367, 6392- Lindalel onstructionl O No. 1Prior Actions.doc
10. October 31. 2006 - Motion authorizing the City Manager, or his designee, to execute
Amendment No. 7 to the Contract for Professional Services with Goldston Engineering,
Inc, of Corpus Christi, Texas in the amount of $274,590 for the Lindale Chenoweth
Subdivision Drainage Area Improvements, Phase 1, Bond 2004 Cluster 6
Neighborhood Street Reconstruction and ADA Compliance Alameda Street. (BOND
ISSUE 2004) (Motion No. 2006 -357)
11. tipril 10, 2007 — Motion authorizing the City Manager or his designee to execute
Change order No. 1 to the construction contract with SLC Construction, L.P., of
Conroe, Texas, in the amount of $261,300.02 for the replacement of existing water
lines as part of the Lindale/Chenoweth Drainage project. (Motion No. 2007 -092)
PRIOR ADMINISTRATIVE ISTRATIVE ACTION:
1. October 18. 2000 — Distribution of Request For Qualifications (RFQ) 2000 -08
(Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73
focal architectural and engineering firms,
2. November 10, 2000 — Addendum No. 1 to the Request for Qualifications (RFQ) No.
2000 -0 (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 -
o (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, n, Street Improvement
ent
Projects) to 73 local architectural and engineering firms.
5. September 15, 2003 — Executed small NE agreement for professional consultant
services with Goldston Engineering, Inc. in the amount of $24,740 for the Lindale
Subdivision Drainage Improvements.
6. st 2. 2004 — Executed Amendment No. 2 to the agreement for professional
consultant services with Goldston Engineering, Inc. in the amount of $ -o- for the Lindale
Subdivision Drainage Improvements.
7. J nary 7, 2005 - Executed Amendment No. 3 to the agreement for professional
consultant services with Goldston Engineering, Inc. in the amount of $16,345 for the
Lindale Subdivision Drainage Improvements.
8. Se�ternJr 22, 2006 - Executed Amendment No. 6 to the agreement for professional
consultant services with Goldston Engineering, Inc. in the amount of $15,600 for the
Lindale Subdivision Drainage Improvements.
9. April 11. 2007 — Executed Change Order No. 2 to the construction contract with SLC
Construction, L.P., of Conroe, Texas, in the amount of $11,500.00 as part of the
Lindale/Chenoweth Drainage project.
10. May 21, 200 — Executed Change Order No. 3 to the construction contract with SLC
construction, L.P., of Conroe, Texas, in the amount of $23,625.00 as part of the
Lindale/Chenoweth Drainage project.
11. June 12, 2007 — Executed Change Order No. 4 to the construction contract with SLC
Construction, L.P., of Conroe, Texas, in the amount of $24,900.00 as part of the
LindaleChenoweth Drainage project.
12. June 22, 2007 — Executed Change order No. 5 to the construction contract with SLC
Construction, L.P., of Conroe, Texas, in the amount of $24,900.00 as part of the
Lindale/Chenoweth Drainage project.
H:IHOME\Reche1Ie GENIDrai e► 4 , 6367, 6392- Linda]el onsiructionl O No. 1Prior Actians.dac
EXHIBIT "A-1"
Pape 2 of 3
13. July 5_2007 — Executed Change Order No. 6 to the construction contract with SLC
Construction, L.P., of Conroe, Texas, in the amount of $16971 O5 as part of the
Lindale/Chenoweth Drainage project.
14. September 18, 2007 — Executed Change Order No. 7 to the construction contract with
SLC Construction, LP., of Conroe, Texas, in the amount of $21,750.00 as part of the
Lindale/Chenoweth Drainage project.
15. October 16, 2007 — Executed Charge Order No. 8 to the construction contract with
SLC Construction, L.P., of Conroe, Texas, in the amount of $2434O.00 as p art of the
Lindale/Chenoweth Drainage project.
H; H ME\Rachelle\ E \Drainage12243, 6387, 6392 -Lin iel onstructionl O No. J1Pr €orActions.doc
Department of Engineering Services
Change Order Summary Sheet
October 22, 2007
PROJECT: Lindale/Chenoweth Subdivision Drainage Area Improvements, Phase 1 - Part B
Project No: 2243
APPROVED: City Council on 10/31/06 Motion No. M2006-355
CONTRACTOR: SLC Construction, L.P.
P.O. Box 639
Conroe, TX 77305
TOTAL CONTRACT AMOUNT
25% Limit Amount
Change Order No. 1 (Council, 4/10/07)
Change Order No. 2 (4/11/07)
Change Order No. 3 (5/21/07)
Change Order No. 4 (6/12/07)
Change Order No. 5 (6/22/0
Change Order No. 6 (7/5/07)
Change Order No. 7 (9/18/07)
Change Order No. 8 (10/16/07)
Total
$11,300,441.39
2,825,110.34
261,300.02
11,500.00
23,625.00
24,900.00
24, 900.00
16,971.05
21,750.00
24,340.00
409,286.07= 3.62% < 25%
ADD DEDUCT
A. Add the following quantities to the bid items:
E -2 8" PVC Waterline —
.1 .. 2,060 . F.' @ $7 .63 LF $ 1 64,03 7.80
E-13 " Plug —
5 ea. J $213.30/ea 1,066.50
E-17 8" Gate Valve --
20 ea J $I,137.60/ea 22,752.00
E-18 6" Gate Valve —
4 ea @ $711.0 ea 2,844.00
E-19 "x6" Reducer
1 ea @$227.52/ea 227.52
E-20. 6 "x4" Reducer —
12ea @$184.861ea 2,218.32
E-22 8" lvIJ Any angle Bend —
1 2 ea @ $319.951ea 3,839.40
E-26 8" x 6" Tee —
1 ea ® $497.00 lea 497.00
E-28 8" x 6" Cross —
2 ea ® $497.00/ea 994.00
B. Delete the following qu ntitles from the bid items:
E-1 6" PVC Waterline —
109 L.F. ® $76.08/L.F. 8,292.72
E-6 6" Dip Waterline —
46 L.F. @ $83.90/L.F. 3,859.40
E-14 6" Plug —
6 ea @ $ 184.86 /eat 1,109.16
E-23. 6" NU Any Angle Bend —
2 ea. @ $284.40/ca. 568.80
E-29. 6" x 6" Cross —
1 ea. @ S426.60/ea. 426.60
E-32.. 6" x 6" Tapping Sleeve & Valve �-
6 ea. ® $4,266.00/ea. 25,596.00
B. Add the following bid Items to the contract:
E-40 Remove and Dispose of 6" ACP -
2,090 L.F. J $15.00/L.F. 31,350.00
E-41 " x 8" Cross -
4 ea. c 550.00 ea 2,200.00
Subtotal $232,026.54 $39,852.68
NET ADD Eni73.86
JAPROJECTS O O O * lm of -Lin lc Subdivision-Design Phas005-CONTRACTS & CHANGE 2007 1 1 15
Change °dot
File : Vaprolect co ncllexhibi s exh2243 dw
)(7\\
CoIe
Park
CHANGE ORDER # 9
PROJECT # 2243
'
VICINITY MAP
NOT TO SGALE_.
/\/
EXHIBIT "C"
1 LINDALE/CHENOWETH SUBDIVISION
AREA DRAINAGE IMPROVEMENTS,
PHASE 1 PART B (CHANGE ORDER i 9)
CITY COUNCIL EXHIBIT
CITY OF CORPUS CNR157J, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
DATE: 12- 05-2007
21
AGENDA MEMORANDUM
December 11, 2007
SUBJECT: Water Department Management — Project No. 8585
AGENDA DA ITEM:
Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the
engineering management services contract with GGE Consulting Engineers, Inc., of San
Antonio, Texas in an amount not to exceed $60,000.00 for a restated total fee of $106,000,00
for Water Department Operations and Management.
ISSUE: Operation of the Water Department requires retention of a qualified consultant to
manage day to day operations until a permanent Water Services Director is recruited and on
the job..
FUNDING: Funding is available from the Water Department FY2 o7 -2008 Operating Fund.
RECOMMENDATION: Approval of the motion as presented.
Z' f 45107
Kevin Stowers
Interim Director - Engineering Services
Atacrrent:
Exhibit A: Background
Exhibit B: Summary of Contract
H:\ HOME \KEVI S\ E \WATEF IA tingDire torlA rd EAmdl Memo.doc
BACKGROUND INFORMATION
SUBJECT: Water Department Management Project No. 8585
ADDITIONAL INFORMATION:
Water Department operations require the services of a qualified manager to oversee
daily operations and ensure continued delivery of potable water in compliance with
TCEQ regulations. The services include reorganization, compliance with all TCEQ
notices, improved treatment and automation of the Water system, recruitment of key
personnel, oversight of the capital improvement program, improved personnel training,
and other activities. A contract summary is attached. See Exhibit E.
CONSULTANT:
Gustavo Gonzalez, P.E. has a Bachelor of Science degree in Civil Engineering from
Texas A&M University. He is a member of American Water Works Association,
American Society of Civil Engineers, and Water Environmental Federation.
He was Vice - President of Operations for San Antonio Water System (SAWS). In that
capacity, Mr. Gonzalez directed and managed the operation and maintenance of the
San Antonio Water System infrastructure, which includes the water production facilities,
water and reuse distribution systems, wastewater collection system and Heating and
Cooling Plant.
Mr. Gonzalez was responsible for managing the construction program of the SAWS
Capital Improvement Program as well as construction activities related to private
development. Their Capital Improvement Program consisted of water storage tanks,
water and wastewater utility replacements, and joint contracts with the City of San
Antonio. The program exceeded $60,000,000.00 per year.
Mr. Gonzalez has his own engineering consulting firm GGE Engineering. He agreed to
assist the City of Corpus Christi at a reduced billing rate not to exceed $3,800.00 per
week plus per diem and mileage at the IRS rate.
ADDITIONAL I FOl MATIO :
Mr. Gonzalez services were administratively retained on September 12, 2007. Since
that time he has taken active charge of day to day operations of the Water Department.
He has implemented changes and enhancements to the water treatment process,
testing procedures, and the water department laboratory. He is working actively to
implement measures directed by TCEQ including a unidirectional flushing program to
minimize water loss from regulatory required flushing of dead end lines. He has also
enhanced training of personnel to ensure compliance with TCEQ regulations. He has
modified alert and notification procedures for departmental personnel. Work has also
been initiated to improve control and monitoring of the water system including chemical
Exhibit A
Page 1 of 2
H :\HOME\KEVI 1SIGEN\ ATE \Actin Dir ctor\AwdAEAmd'IEk ExhA.doc
treatment at the treatment plant and distribution system.
Work to recruit a full time director is proceeding. The proposed amendment includes a
termination clause which will allow the City stop the contract when transition to the
permanent director is completed.
CONTRACT:
The proposed contract will extend the services of Mr. Gonzalez as Interim Water
Director until a permanent Director is on board. A summary of the contract is attached.
See Exhibit B.
PRIOR ACTIONS:
September 2,2007 — Administrative award of a contract for engineering consulting
services in the amount of $46,000.00 with GGE Consulting Engineers, Inc. of San
Antonio, Texas.
Exhibit A
Page 2 of 2
H :\HOM \ \GENUATER\ActingDirectorlAwdAEArndll3kgExhkdoc
hA.dc
CONTRACT ACT S MMAR
SCOPE OF SERVICES
Scope of Services: The Consultant will provide professional engineering and management of Water
Department operations and management, The Consultant will:
• Work full time on a weekly basis managing day to day operations;
• Submit a recommendation for a new reorganization chart;
• Manage the TCEQ Notice of Vioation and insure al items are completed as per the agreed
order;
• Place special emphasis on the Water Treatment process;
• Initiate a RFP for the design of an Operational and Water Distribution Control Automation
system;
• Conduct an emergency Table Top exercise;
• Oversee the recruitment of key Superintendent positions within the department.
• Make any presentations to the City Council, Citizens' Advisory Committees, State or other
governmental agencies, and the public when requested;
• Take an active role in the daily activities of the department and make minor changes as needed;
• Place special emphasis in management and oversight of the Water Distribution Section on a
daily basis;
• Oversee the Capital Improvement process and make recommendations;
• Review department purchasing practices and make recommendations;
• Review department personnel schedules, training, job descriptions and policies and make
changes as needed;
• Conduct field visits with water crews operating after hours and make changes as needed;
• Work approximately 40 to 50 hours per week;
• Receive the approval and concurrence of the Assistant City Manager prior to initiating needed
changes; and
• Such additional services as may be mutually agreed by the Assistant City Manager and
Consultant. Any additional service requiring an increase in the authorized not to exceed fee will
be evidenced in writing as an amendment to this agreement.
FEE
The City will pay the Consultant an additional not to exceed fee of $60,000,00 for a restated fee of
$106,000.00. This fee will be full and total compensation for all services provided and authorized
expenses incurred in performing the tasks specified. Authorized expenses include out of town
travel, lodging, and meals. Mileage will be reimbursed at the IRS authorized rate. Other authorized
expenses will be reimbursed upon submission photocopies of receipts.
The fee will be paid in the form of a lump sum weekly fee not to exceed $3,800.00 plus reimbursed
expenses. All invoices will be accompanied by a cover letter summarizing the fee. The letter will
state the project name and number, the number of the current invoice, the contract fee, the amount
previously invoiced, and the current amount due. Invoices will not be submitted more often than
once per month, The invoice will also Iist per diem and reimbursed expenses which are limited to:
• Per diem room rate U. S. government rate)
• Per diem meals U. S. government rate)
• Per diem meals (first & last day)
Travel between San Antonio & Corpus Christi
$78.00/day
$44.00/day
$33, /day
0.40/mile
Exhibit B
Pale 1 of 2
Term: Amendment No. 1 services 111 commence n or before Monday, December 3, 2007, or as
soon thereafter as practical. It is anticipated the duration of the contract will not exceed three
months or until such time a permanent Director of Water Services is hired.
TERMINATION OF CONTRACT
ACT
The City Manager may, at any time, with or without cause, terminate this contract upon seven days
written notice to the consultant at the address specified below.
If termination occurs prior to the final completion of all work contemplated by this contract, the
Consultant shall be paid a reasonable compensation for the services actually rendered in
accordance with the above- described schedule of fees and in proportion to the amount of work
done on such stages or phases as have been authorized.
The foregoing shall not be construed to require the City Manager to compensate the Consultant for
any services not performed in a proper, professional manner.
Exhibit B
Page 2 of 2
22
CITY COUNCIL
AGENDA MEMORANDUM
COUNCIL ACTION DATE: December 11, 2007
AGENDA ITEM: Resolution determining a public necessity to acquire fee simple title
to the surface estate only to three parcels of land for a ball field relocation project
known as the South Guth Park Ball Field Relocation Project ( #3337), from the
owners William H. Shireman, et al (Parcel 1), Vickers Family Trust (Parcel 2), and Noy
Shockley, et ux (Parcel 3), for the public purpose and use as a ball field park and for
other related park purposes; and authorizing the City Manager and the City Attorney to
acquire the subject parcels by means of negotiations or exercise of the City's power of
eminent domain.
ISSUE: On October 16, 2007 the City Council approved an ordinance to gift 140 acres of
land in the vicinity of Ennis Joan Road to Texas All- Corpus Christi for the future
expansion of their campus. This conveyance requires the replacement of City land
currently used for ball fields at South Guth Park. City staff has identified three parcels of
vacant land along Paul Jones Avenue which total approximately ately 3 .22 acres for a new site
to construct the ball fields and for other related park purposes. The 36.22 acres are owned
by three landowner groups. This resolution is a declaration of public necessity for the land
allowing the acquisition by means of negotiations or the use of eminent domain, if
necessary, by the City,
FUNDING: No funding is required at this time.
RECOMMENDATION: Approval of the resolution as presented.
Attachments:
Exhibit A. Background Information
Exhibit B. Project Map
Exhibit C. Resolution
Kevin Stowers
Interim Director of Engineering Services
H.IH ME \EUSEBI \ NIAgenda Items \S. Guth B Afield to da ion Resolu ion\Ag nda emorandumidoc
BACKGROUND INFORMATION
SUBJECT: South Guth Park Bali Field Relocation Project (##3337)
Resolution Determining a Public Necessity for Land Acquisition
OVERVIEW:
With the approval of the conveyance of land to Texas A&M-Corpus Christi on October 16,
2007, the City will need acquisition of new land to replace and construct ball fields currently
in use at South Guth Park. Three parcels of land on Paul Jones Avenue have been
identified as being suitable for new ball fields. In order to acquire this land for public use, a
resolution is required proclaiming the project a public necessity and authorizing City land
staff to acquire the lands by means of negotiations and if necessary, eminent domain
proceedings. Municipalities are allowed eminent domain rights under Chapter 21 of the
Texas Property Code.
PARCEL DESCRIPTIONS:
Three parcels of vacant land suitable for the construction of the new ball fields have been
located on Paul Jones Avenue, south of S. Padre island Drive as shown on the attached
Exhibit B. The assemblage of these three tracts would provide approximately 36.22 acres
of land for construction of the new ball fields. The three tracts or parcels are described as
follows:
Parcel 'I : The largest of the three tracts contains 29.018 acres is zoned F -R, Farm Rural.
This L- shaped tract of land is currently for sale by the landowners at $295OOO. The tract is
comprised of approximately 10 acres of buildable uplands and 19 acres of lowlands which
will require some fill dirt. The record owners are comprised of ten owners, each with
undivided interest. William H. Shireman is one of the owners and administrator of the
group.
Parcel 2: The next largest tract contains 7.197 acres and is zoned R-2, Multiple Dwelling
District. This zoning permits multi - family or townhouse dwellings. The property is owned
by the Vickers Family Trust.
Parcel 3: The smallest tract contains .47 acres and is currently used as a residence and
homestead by Mr. Noy Shockley and wife.
iPRIOR COUNCIL ACTION:
1. Secitember 25, 2007 - Public hearing regarding South Guth Park land transfer
to Texas A&M University- corpus Christi for university expansion.
2. September 25, 2007 - Resolution determining that there is no feasible and
prudent alternative to the usin g of South Guth Park by the Texas A &M University
System for the expansion of Texas A&M University- Corpus Christi campus and
further determining that all reasonable planning has occurred to minirie harm
to South Guth Park resulting from such use or taking. (Resolution No. 027432)
3. October 16, 2007 - Ordinance authorizing the City Manager to execute a
EHiBIT A
1 oft
Declaration of Gift and Agreement between the City of Corpus Christi, Texas
and the Board of Regents of the Texas A&M-University System for the Benefit of
Texas A &M University- Corpus Christi relating to the conveyance of 140.39 acres
of land in the vicinity of Ennis Joslin Road and Nile Drive, including South Guth
park; and authorizing the City Manager to take all further actions to effect the gift
and conveyance. (Ordinance No. 027451)
PRIOR ADMINISTRATIVE ACTION:
1. July 17. 2007 - City Council Presentation by City Manager George K. Noe and
Dr. Flavius D. Killebrew, President of Texas ABM University-Corpus Christi on
the Texas A11- Corpus Christi Expansion project.
FUTURE COUNCIL ACTION:
1. Authorize the acquisition of parcels whose cost exceeds $50,000 and,
2. Authorize the payment of any Special Commissioners Award in connection with the
condemnation of any parcels whose cost exceeds $50,000.
HAHOMETUSEBIOGGEN\Agenda itemsa Guth Bonfield Relocation.R solut#othBack round.doc
EXHIBIT A
2 of 2
File : pro' # ouncil xhi i s x ,3,3, 7.dw
PROJECT LOCATION
LOCATION MAP
NOT TO SCALE
FARMLAND
PARCEL
29.018 AC.
PARCEL
7.197AC.
FARMLAND
PARCEL 3
.47 AC.
CITY PROJECT N . 3337
VICINITY MAP
NOT TO SCALE
EXHIBIT B
SOUTH GOTH BALL FIELD
RELOCATION PROJECT
art COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of
DATE: 11-05-2007
MEW
IMP I■1
lissokaolfteo
RESOLUTION
DETERMINING A PUBLIC NECESSITY TO ACQUIRE FEE
SIMPLE TITLE TO THE SURFACE ESTATE ONLY TO THREE
PARCELS OF LAND FOR A BALL FIELD RELOCATION
PROJECT KNOWN AS THE SOUTH GUTH PARK BALL FIELD
RELOCATION PROJECT ( #3337), FROM THE OWNERS
WILLIAM H. SHIREMAN, ET AL {PARCEL 1), VICKERS FAMILY
TRUST (PARCEL 2), AND NOY SHOCKLEY, ET UX (PARCEL 3),
FOR THE PUBLIC PURPOSE AND USE AS A BALL FIELD
PARK AND FOR OTHER RELATED PARK PURPOSES; AND
AUTHORIZING THE CITY MANAGER AND THE CITY
ATTORNEY TO ACQUIRE THE SUBJECT PARCELS BY MEANS
OF NEGOTIATIONS OR EXERCISE OF THE CITY'S POWER OF
EMINENT DOMAIN
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS
S
CHRISTI, TEXAS;
SECTION 1. It is determined that there is a public necessity to acquire fee simple
title to the surface estate only to three tracts of land for a ball field relocation
project known n a the South Guth Park Bali Field Relocation Project (##3337), from
the owners William H. Shireman, et al (Parcel 1), Vickers Family Trust (Parcel 2),
and Noy Shockley, et u (Parcel 3), as shown on the attached Attachment "A ",
for the public purpose and use as a ball field park and for other related park
purposes.
SECTION 2. The City Manager and the City Attorney are authorized to acquire
the subject parcels by means of negotiations or by exercise of the City's power of
eminent domain.
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED AS TO FORM: 30- Oct -200
Veronica Ocanas
Assistant City Attorney
For City Attorney
Henry Garrett
Mayor
EXHIBIT C
Page 1 of 2
Corpus Christi, Texas
of , 2007
The above resolution was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel!
Bill Kelly
Priscilla Leal
John E. Marez
Nelda Martinez
Michael McCutchon
EXHIBIT C
Page 2 of 2
South Guth Park Ball Field Relocation Project ( #3337)
Owners of Record
LParcel loo.
Owner of ecor l
Legal Description
1
William H. Shireman, - .1 666667 undivided interest
Jean Russo .1 666667 undivided interest
Larry N. Parks, Executor - .1666667 undivided interest
Mayfair Coover - .1666667 undivided interest
Marsha Bloxsom .1666667 undivided interest
Diane Kruger - .02777778 undivided interest
Stephen Richardson - .02777778 undivided interest
■
Lome Parks -� .04166667 undivided interest
Marjorie Dell Cox - M27777778 undivided interest
L Faris .04166667 undivided interest
29.018 acres
comprised of all of
Lot 11 and the South
or Sout ea a one -half
of Lot 12, in Section
31, Flour Bluff
Encinal Farm &
Garden Tracts,
2
L
Vickers Family Trust
,
7.197 acres out of Lot
12, Section 31, Flour
Bluff & Encinal Farm
& Carden Tracts.
3
Noy R. Shockley, et ux
100 feet by 210 feet
out of the Peary Place
.Amex EC
H : \1-I M \EU EBI \ N\P JET FOLDERS‘South Guth Park Ball i ld F elocatiorALe al'Atta hment A.doC
ATTACHMENT "A"
Page 1 oft
South Guth Park Bali Field Relocation Project ( #3337)
Owners of Record
ATTACHMENT "A"
Page 2 of 2
CITY COUNCIL
AGENDA MEMORANDUM
December 11, 2007
AGENDA ITEM: Ordinance abandoning and vacating an 8,145.72-square foot portion of a
7.5 -foot wide electrical and communications easement (Tract 1) and a 26,353.80- square
foot portion of an electrical and communications easement (Tract 2), out of Lot 8, Block A,
Joslin Tract, located north of and adjacent to the So. Padre Island Drive (SH 358) public
right -of -way, and east of the Rodd Field Road street right-of-way; requiring the owner, MG
Building Materials, to comply with the specified conditions; and declaring an emergency.
ISSUE: The closure is being requested in order to utilize all of the property and allow for
the future construction and development over said easent.
REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and
vacate any portion of an easement.
IMPLEMENTATION SCHEDULE: Upon approval by 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 the approval of building permit and construction, an up -to -date survey, abstracted
for all easements and items of record, must be submitted to the Assistant City Manager of
Development Services. These requirements are in compliance with Ordinance No. 025816,
approved 7-13-04.
RECOMMENDATION: ATION: Staff recommends approval of the ordinance as presented on an
emergency basis.
N
Bob Nix, AICP
ACM of Development Services
Attachments:
Exhibit A - Background lnformation
Exhibit B Ordinance
Exhibit C - Site Location Map
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
PURPOSE OF CLOSURE AND BACKGROUND:
OUND:
Bass & Welsh Engineering, on behalf of MG Building !Materials, ("Owners"), are requesting
the abandonment and vacating of an 8,145.72-square foot portion of a 7.5-foot wide
electrical and communications easement (Tract and a 26,353.80- square foot portion of
an electrical and communications easement (Tract 2), out of Lot 8, Block A, Joslin Tract,
located north of and adjacent to the So. Padre Island Drive (SH 358) public right-of-way,
and east of the Rodd Field Road street right -of -way. The easement to be abandoned and
vacated is located in a "B-4" General Business District.
The abandonment and vacating of the utility easement is being requested by the owner to
accommodate the future construction and development of the property within the area
occupied by the existing easement.
All public and franchised utilities were contacted. AT&T has no objections, but will seek
reimbursement from the owner, if adjustments to their facilities become necessary. None
of the city departments and franchised utility companies had any objections with the portion
of utility easement to be abandoned.
Staff recommends that payment of fair market value be waived because the electrical and
communication easements were not owned by the City, but were being shown as part of
the Block A, Joslin Tract plat. City needs to abandon and vacate the easements so that
the owner of the property (Lot 8, Block A, Joslin Tract) can replat the property and build
over the easements. The owner has been advised of and concurs with the conditions of
the easement abandonment and vacation.
EXHIBIT
Page 1 of
AN ORDINANCE
ABANDONING AND
VACATING AN 8,145.72- SQUARE FOOT
PORTION OF
.5 FOOT WIDE ELECTRICAL AND
COMMUNICATIONS
EASEMENT (TRACT 1) AND A 26,353.80-
SQUARE FOOT
PORTION OF AN ELECTRICAL AND
COMMUNICATIONS
EASEMENT (TRACT 2), OUT OF LOT 8, BLOCK
A, JOSLIN TRACT, LOCATED NORTH OF AND ADJACENT TO THE
SOUTH PADRE ISLAND DRIVE (SH 358) PUBLIC RIGHT-OF-WAY;
AND EAST OF THE
ADD FIELD ROAD STREET RIGHT -OF -WAY;
REQUIRING TH E OWNER, EF , MG BUILDING MATERIALS, TO COMPLY
WITH THE SPECIFIED CONDITIONS AND DECLARING AN
EMERGENCY
WHEREAS, MG Building Materials is requesting the abandonment and
foot portion of a .5 -foot wide electrical and
vacating of an 8,145.72-square �
• (Tract nd a 26,353.80-square foot portion of an electrical
communications easement 1) and
communications easement 2), of Lot 8, Block A, Joslin Tract, located north adjacent of and agent to the South
Padre Island Drive (SH 358) public right-of-way; and
east of the Rodd Field Road street right -of -prat and
it that it is feasible and advantageous to the City of
WHEREAS, �t hay been determined t � ,
Corpus Christi to abandon and
vacate said portion of the public right-of-way, subject to
the provisions below. (Exhibit)
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
foot portion of a 7.5-foot wide electrical and
SECTION 1. That an 8,145.72-square ,
and a 26,353.80-square foot portion of an electrical
communications easement (Tract and communications easement 2 2), of Lot 8, Block A, Joslin Tract, located
and adjacent to the South Padre Island Drive Sal 358) public right --of -way, and
north �
east of the Rodd
Field Road street right-of-way, as recorded in Volume 39, Pa g e 65 of
County, Texas, is abandoned and vacated, subject to
the Map Records Nueces � }
Owner's compliance with the conditions specified in Section 2. below.
SECTION 2. The abandonment and vacation of the above public right-of-way is
conditioned upon on Owner' compliance with the following:
all the specified conditions of the ordinance within
�1 Owner must comply with p
180 days of Council approval.
i and issuance of the ordinance, all grants of
2) Upon approval by Council ,
must be recorded at owner's expense in the real property
easement closures anus ed
County, Texas, in which the property is located.
Records of Nueces ��
Prior to the approval building ermit and construction, an up-to-date
survey, abstracted for all easements and items of record, must be submitted
to the Assistant City Manager of Development Services.
HALE -DIRl heredl sryBla enda1 007 ' -111 RD- abandon - r eteEasement- JeslinTr t -M BId .de
Page 2 of 3
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 shall take
effect upon first readin g as an emergency this the 1 t' day of December, 2007.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: December 5, 2007.
Gary V Smith
Assistant City Attorney
For City Attorney
Henry Garrett
Mayor, City of Corpus Christi
H :ILE -DIR\ hared\ ary lagefldo12007k1 2-1 I l RD- abaredor -r oate aserner t -Jo linTraot- 11 Bld .doe
Corpus Christi, Texas
_ Day of - -- _ _.,�, 2007
Page 3 of 3
TO THE MEMBERS S F THE CITY COUNCIL
Corpus Christi, Texas
For th reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
�
sup
ordinances at two regular meetings: Uwe, therefore, request that you
voting upon or pass said Charter r le and ass 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
Melody Cooper
Larry Eli ondo, Sr.
Mike m elt
Bill Kelly
Priscilla G. Leal
John E. Mare Nelda Martinez
Michael McCutchon --
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PLOT DATE: 9/27/07
SHEET 1 OF 1
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BASS AND WELSH ENGINEERING
O COMP. O: B —EAS CW
SOUTH PADRE ISLAND DRIVE (SH 358)
JOB NO: 06035
SCALE: 1" _ 120'
PLOT SCALE: SAME
PLOT DATE: 9/21/07
SHEET 1 OF 1
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'SITE' (JOSLIN TRACT,
BLK 'A', LOT 9)
HCARDLE RD.
E 1O DELOO
S. PADRE ISLAND DRIVE
RODD FIELD RD.
ENN I S JOSL IN
ROAD C SPUR
STATE HIGHWAY 358)
LEX IN TON RD.
LOCATION MAP
r — woo'
EXHIBIT C
BASS AND WELSH ENGINEERING
CORPUS Dawn. . TX
COMP. NO. EXB-LOC MAP
JOB N0. 06035
SCALE: 1' - 1 000'
PLOT SCALE: SAME
PLOT DATE: 11/4/07
SHEET 1 OF 1
24
CITY COUNCIL
AGENDA MEMORANDUM
December 17, 2007
AGENDA ITEM: Ordinance amending the Code of Ordinances, City of Corpus Christi,
Chapter 2, regarding membership of the Watershore and Beach Advisory committee;
providing for publication and declaring an emergency.
ISSUE: To amend Section 2-80 of the City Code of Ordinances regarding Watershore and
Beach Advisory Committee membership, to clarify that one of the committee members must
be a board member or an employee of the Corpus Christi Convention and Visitors Bureau.
REQUIRED COUNCIL ACTION: Approval of the ordinance.
PREVIOUS COUNCIL ACTION: On September 11, 200 7, the City Council approved an
ordinance to establish the Marina Advisory Committee, and the Watershore and Beach
Advisory Committee in place of the Water /Shore Advisory Committee. The current ordinance
requires that one member be "a member of the Corpus Christi Convention and Visitors
Bureau ".
RECOMMENDATION: Staff recommends approval of the ordinance as presented.
Sally Gavle
Director,
1
s and Recreation
1
ORDINANCE
AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS
CHRISTI, CHAPTER 2, REGARDING MEMBERSHIP OF THE
WATERSHORE AND BEACH ADVISORY COMMITTEE; PROVIDING
FOR PUBLICATION; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE ciTy OF CORPUS CHRISTJ,
TEXAS:
"DIVISION . WATERSHORE AND BEACH ADVISORY COMMITTEE
"Sec. 2-80. Created; membership; ership; terms; filling vacancies.
"(a) There is hereby created the Watershore and Beach advisory committee. The
committee shall be composed of nine (9) members appointed by the city council.
(b) Notwithstanding subsection (a), the current members of the water /shore
committee shall be appointed to the initial two -year term of the Marina Advisory
Committee or appointed to the initial two -year term of the Watershore and Beach
Advisory Committee, as requested by the member by written notification to City
Secretary, along with such other persons appointed by City Council as necessary
to total nine members for each committee. Of the nine (9) members, one (1)
shall be a scientist, i.e., marine biologist; one (1) shall be an engineer; one (1)
shall be an environmentalist; one shalt be an owner of a hotel or
condominium located on North Padre Island or Mustang Island; and one (1) shall
be a board member or employee of the Corpus Christi Convention and Visitors
Bureau."
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,
Amending Watershore & Beach Advisory Comm Ord
paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the
definite intent of this City Council that every section, paragraph, subdivision, clause,
phrase, word or provision of this ordinance be given full force and effect for its purpose.
SECTION 3. Publication shall be made in the official publication of a City of Corpus
. t
Christi as required by the City Charter of the City of Corpus Christ.
SECTION 4 That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at to regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the 1 1 T" day of December, 2007.
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: December 5, 2007
Lisa Aguilar
Assistant City Attorney
for City Attorney
Amending Watershore & Beath Advisory Comm Ord
Henry Garrett
Mayor
2
25
AGENDA NDA MEMO M
PUBLIC HEARING — ZONING (City Council Action Date: December 11, 2007)
Case No. 1007-03, Gary D. Gray: A change of zoning from an "I-2" Light Industrial District to an
"I-3" Heavy Industrial District, resulting in a change of land use from vacant to heavy industrial for
Whelan Tract Unit 2, Block 1, Lot 4, located on High Starr Drive, approximately 475 feet north of Leopard
Street.
Planning Commission & Staffs Recommendation (October 1, 2001): Denial of an "1-3" Heavy
Industrial District, and in lieu thereof, approval of an "I -2" Light Industrial District with a Special Permit
allowing for the installation and operation of three cryogenic vessels, one (1) CO2 tank, a propane
vessel, a propylene vessel, and the 2,400 square foot cylinder filling facility and operations building,
subject to a site plan, and approval by the Fire Marshal and Zoning Board of Adjustment.
Requested Council Action: Denial of an "I-3" Heavy Industrial District, and in lieu thereof, approval of
an "1-2" Light Industrial District with a Special Permit allowing for the installation and operation of three
cryogenic vessels, one (1) tank, a propane vessel, a propylene vessel, and the 2,400 square foot
cylinder filling facility and operations building, subject to a site plan, and approval by the Fire Marshal and
Zoning Board of Adjustment.
Summary:
• Request: The applicant is requesting a change of zoning from an "1-2" Light- Industrial District to
an "1-3" Heavy Industrial District on Lot 4, Block 1, Whelan Tract Unit 2, an area of 12,113.5
square feet (0278 acres) located between High Starr Drive and N. Navigation n Boulevard. The
zoning change will provide for the future construction and operation of a cylinder refill facility. The
refilled cylinders are used in the welding industry for fabrication and cutting.
• The overall facility site, consisting of six lots, has approximately (150) feet of frontage along N.
Navigation Boulevard and 300 feet of frontage along High Starr Drive. In addition to the existing
6,000 square foot warehouse that is currently located on Lot 9, the applicant plans to construct a
14,000 square foot .facility, which includes a cylinder refill facility for filling high pressure and
liquid cylinders with oxygen, nitrogen, argon, and CO2. The fill facility building will be located on
Lot 4 and will have three pressurized cryogenic vessels and one (1) CO2 pressurized vessel, a
propane vessel and propylene vessell.
• Zoning: The purpose of the "1-2" Light Industrial District is to provide for light industrial uses
including light manufacturing, open storage, fabrication, warehousing, and wholesale distributing.
The "I -" Heavy Industrial zoning district provides for industrial operations of all types.
Potentially hazardous industrial activities and installations, including but not limited to above -
ground fuel storage tanks and pressurized vessels, are permitted only after public hearing and
review to assure the protection of the public interest and surrounding property owners.
• Article 24 of the Zoning Ordinance, requires a minimum front yard setback of twenty (20) feet
without a minimum side or rear yard setback for both the "1 -2" and "1-3" Districts. A zero lot line
building or structure will require a fire rated wall and will be subject to review and approval by the
city building official.
• The filling of high pressure and liquid cylinders with oxygen, nitrogen, argon, and CO2 tanks is
classified as an objectionable use in the "1-3" Heavy Industrial District and must be reviewed by the
Zoning Board of Adjustment and City Fire Marshall for approval.
Agenda Memorandum
Case No 1007-03 (Gary D. Gray)
Page
• Existing Land Uses: The subject property is currently vacant. To the north and south of the subject
property is vacant land. To the west and east are light industrial uses.
• Utilities: Water and wastewater service is available to the property.
• Transportation: The subject property has direct access onto High Starr Drive, which is a local
street primarily used by businesses in the area, and provides connectivity between Savage Lane to
the north and Leopard Street to the south. The office building for the fill facility has direct access
onto N. Navigation Boulevard, a right -of -way identified as being an "A-3" 160 foot arterial by the
adopted Transportation Plan. Ultimately this "A -" Arterial could have 160 foot right-of-way
dedication which includes a 95-foot back-of-curb to back—of-curb design. Based on the Institute of
Transportation Engineers Trip Generation Manual, the potential traffic generated with the proposed
heavy industrial use is based on the number of employees (3); therefore, six vehicle trip ends
per day would be generated. The applicant has stated the concept of this cylinder refill business
does not anticipate customers coming to the fill plant. The fill plant will be for filling cylinders that
the applicant will then deliver to customers at their place of business.
• Comprehensive Plan/Future Land Use: The Future Land Use Map recommends a light industrial
use for the subject property. Heavy industrial uses for the subject property are not consistent with
the Future Land Use Map or the surrounding area. Light industrial uses are consistent with the
Westside Area Development Plan; however; the pressurized vessels and fill facility is considered an
objectionable use, requiring heavy industrial zoning; therefore, the zoning request conflicts with the
adopted plan regarding this area. A modification to the comprehensive plan would be required in
authorizing a change of zoning to an "1-3" Heavy Industrial District.
• Notification: Of the twenty -four notices mailed to the surrounding property owners, zero (0)
were returned in favor and zero (0) were returned in opposition. The 20% rule is not invoked.
This case is considered non - controversial. State law 20% rule is invoked when property
owners who own 20% of the land within the 200 foot radius of the subject property are
opposed. Invoking the % rule requires a three - quarters favorable vote of the City Council
for a change of zoning to be approved, rather than a simple majority. Unless such proposed
change is approved by the Planning Commission such change shall not become effective
except by a favorable vote of a majority plus one of the City Council present and voting.
Bob Nix, AICP
Assistant City Manager of Development Services
BNIFIIblp
Attachments:
1) Zoning Report
2) Planning Commission Minutes (October 31, 2007)
3) Ordinance
PYMIProject Manager
Sr.CP /CP
Planning Director
H:1PLN- DIRISHARED\Beverly120 7 COOct'0711007-03AGENDAMErviadoc
CITY COUNCIL
ZONING REPORT
Case No.: 1007-03
City Council Hearing Date: December 11, 2007
Applicant
Legal
Description
Applicant: Gary D. Gray
Representative/Agent: Jerry C. Kramer
Owner: Gray & Burck Properties, LLC
Agent: Jerry C. Kramer
Legal Description /Location: Whelan Tract Unit 2, Block 1, Lot 4, located on High Starr Drive,
_ .. approximately 475 feet north of Leopard Street.
Zoning
Request
From: "1 -2" Light Industrial District
To: "I -3" Heavy Industrial District
Area: 12,113.5 square feet 0.278 acres
Purpose of Request: To allow for the installation and operation of three cryogenic pressurized
vessels containing nitrogen and argon , one (1) CO2 tank, a propane vessel, a propylene vessel and
the 2,400 square foot cylinder filling facility and operations building.
Existing Zoning
and Land Uses
Zoning
Existing Land Use
Future Land Use .
Site
"I_2" Light- Industrial District
Vacant
Light Industrial
North
"1 -2" Light- Industrial District
Vacant
Light Industrial
South
"1 -2" Light - Industrial District
vacant
Light Industrial
' East
"I_2" Light - Industrial District
Light Industrial
Light Industrial
West
"1-2" Light - Industrial District
Light Industrial
1 Light Industrial
ADP, Map
Violations
Area Development Plan (ADP): The proposed zoning change to a heavy industrial district is
inconsistent with the adopted Westside ADP or future land use map. Light industrial zoning
is supported by the plan in lieu of heavy industrial. A modification to the comprehensive plan
would be required in authorizing a change of zoning to an "1 -3" Heavy Industrial District.
Map No.: 050045
Zoning Violations: None
Zoning Report
Case No. 1007-03 (Gary D. Gray)
Page
• Request: The applicant is requesting a change of zoning from an "I-2" Light - Industrial
District to an "I -3" Heavy Industrial District on Lot 4, Block 1, Whelan Tract Unit 2, an area
of 12,111 square feet (0.278 acres) located between High Starr Drive and N. Navigation
Boulevard. The zoning change will provide for the future construction and operation of a
cylinder refill facility. The refilled cylinders are used in the welding industry for fabrication
and cutting.
• The overall facility site, consisting of six lots, has approximately 1 feet of frontage
along N. Navigation Boulevard and 300 feet of frontage along High Starr Drive. In addition
to the existing 6,000 square foot warehouse that is currently located on Lot 9, the applicant
plans to construct a 14,000 square foot facility, which includes a cylinder refill facility for
filling high pressure and liquid cylinders with oxygen, nitrogen, argon, and CO2. The fill
facility building will be located on Lot 4 and will have three (3) pressurized cryogenic
vessels, one (1) CO2 pressurized vessel, a propane vessel and propylene vessel.
• Zoning: The purpose of the "1-2" Light Industrial District is to provide for light industrial
uses including light manufacturing, open storage, fabrication, warehousing, and wholesale
distributing. The "I -" Heavy Industrial zoning district provides for industrial operations of
all types. Potentially hazardous industrial activities and installations, including but not
limited to above - ground fuel storage tanks and pressurized vessels, are permitted only after
public hearing and review to assure the protection of the public interest and surrounding
property owners.
• p�
Article 24 f the Zoning Ordinance, requires a minimum front yard setback of twenty (20)
feet without a minimum side or rear and setback for both the "I_" and "I -3" Districts. yard s t. A
zero lot line building or structure will require a fire rated wall and will be subject to review
cis and approval by the city building official.
• The filling of high pressure and liquid cylinders with oxygen, nitrogen, argon, and CO2tanks
is classified as an objectionable use in the "I -3" Heavy Industrial District and must be
reviewed by the Zoning Board of Adjustment and City Fire Marshall for approval.
• Existing Land Uses: The subject property is currently vacant. To the north and south of the
subject property is vacant land. To the west and east are light industrial uses.
• Utilities: Water and wastewater service is available to the property.
• Transportation: The subject property has direct access onto High Starr Drive, which is a
local street primarily used by businesses in the area, and provides connectivity between
Savage Lane to the north and Leopard Street to the south. The office building for the fill
facility has direct access onto N. Navigation Boulevard, a right- of-way identified as being an
"A -3" 160 foot arterial by the adopted Transportation Plan. Ultimately this "A-3" Arterial
could have 160 foot right-of-way ay dedication which includes a 95-foot back-of-curb to back-
of-curb design. Based on the Institute of Transportation Engineers Trip Generation Manual,
the potential traffic generated with the proposed heavy industrial use is based on the number
of employees (3); therefore, six vehicle trip ends per day would be generated. The
applicant has stated the concept of this cylinder refill business does not anticipate customers
coming to the fill plant. The fill plant will be for filling cylinders that the applicant will then
deliver to customers at their place of business.
Zoning Report
Case No. 1007 -03 (Gary D. Gray)
Page 3
• Comprehensive Plan /Future Land Use: The Future Land Use Map recommends a light
industrial use for the subject property. Heavy industrial uses for the subject property are not
consistent with the Future Land Use Map or the surrounding area. Light industrial uses are
consistent with the Westside Area Development Plan; however; the pressurized vessels and
fill facility is considered an objectionable use, requiring heavy industrial zoning; therefore,
the zoning request conflicts with the adopted plan regarding this area. A modification to the
comprehensive plan would be required in authorizing a change of zoning to an "1-3" Heavy
Industrial District.
Street R.O.W.
Paved Section
50 foot right -of -way
(28 feet back to back)
160 foot
(95 feet back to back)
Volume 2006
N/A
1 0,760 ADT
(at N. Navigation
Blvd. & Leopard
St.)
Street
1 e
Local Street
A -3 Arterial
High Starr Drive
N. Navigation
Boulevard
Plat
Status
The subject property is platted.
Department Comments
Above ground fuel tanks and pressurized vessels require an "I-3" Heavy Industrial District
and must receive further approval by means of a Special Use Exception granted by the Zoning
Board of Adjustment because it is considered an objectionable use. Review and approval is
also required by the City Fire Marshal.
• The City Fire Marshall has reviewed and approved the cryogenic tank locations as identified
on the site plan.
• An "1-2" Light Industrial District with Special Permit, in lieu of the "I -3" Heavy Industrial
District, for the pressurized vessels and 2,400 square foot fill facility per the site plan and
legal lot description presented to the Planning Commission, City Council, and Zoning Board
of Adjustment, would accommodate the use as requested by the applicant without
unnecessarily creating opportunities for other incompatible heavy industrial uses to develop or
locate within the "I -3" district. The applicant has stated that a Special Permit, in lieu of an
"I -3" District, would be acceptable.
Staff
Recommendation
Denial of an "I-3" Heavy - Industrial District, and in lieu thereof, approval of an "I_2" Light
Industrial District with a Special Permit allowing for the installation and operation of three (3)
cryogenic vessels, one (1) CO2 tank, a propane vessel, a propylene vessel and the 2,400 square
foot cylinder filling facility and operations building, subject to a site plan, and approval by the
Fire Marshal and Zoning Board of Adjustment.
Zoning Report
Case No. 1007-03 (Gary D. Gray)
Page 4
s
Recommendation
Denial of an "I -3" Heavy Industrial District, and in lieu thereof, approval of an "I-2" Light
Industrial District with a Special Permit allowing for the installation and operation of three (3)
cryogenic vessels, one (1) CO2 tank, a propane vessel, a propylene vessel and the 2,400 square
foot cylinder filling facility and operations building, subject to a site plan, and approval by the
Fire Marshal and Zoning Board of Adjustment.
Number of Notices — 24
Favor - (all from owner /applicant)
Opposition - 0 o.o %) (As of November 7, 2007)
Attachments:
Zoning Map
Site Plan
Ownership Map
Ownership List
Comments received from Public Notices mailed
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ZONING
Apartment House District
Art House District
Apartment House Districi
Professional Office District
Apartment - Tourist District
Neigtbomood Busing D1SUiGt
Neighborhood Business District
Bsyf ont Business District
Barrier Island Business Disfiict
Business District
Gal e
Primary Business District
Primary Business Cone District
Corpus Christi Beech Design Dist.
Farm Resat District
Historical-Cultural Landmark
Preservation
I -1
1 -2
1-3
PUD
R -1A
R-1B
R -1
R -2
RA
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R -TH
P
T -1A
T -1B
T -1C
Limited Industrial District
Light Industrial District
Heavy Industrial District
Planned unit Development
Ores Family Dwelling District
Orr Family Dueling District
One Family DweiN g Dish1ct
Multiple Dwatlirg District
One Family DwMUng District
Residential Estate District
Townhouse Dwelling District
psclel Permit
Travel Trailer Park District
Manufactured Have Park District
.Manufactured Home Subdivision
District
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CASE # 7007 -03
OWNERSHIP
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Owners in opposition
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COMMENTS RECEIVED
FROM PUBLIC NOTICES MAILED
Case No:1007 -03
Name: Gary D. Gray
Circled = FAVOR X = OPPOSED
(Note: The number(s) next to name corresponds to the attached map.)
Total number mailed:
Returned undeliverable:
24
0
I. Notices returned from within the 204 -foot notification area:
Favor: 0
Qpposition: 0
H. Responses received from outside the 200 -foot notification area:
Favor: 4
Opposition: 0
M. Responses received from owners /applicants of subject area:
Favor: 8 (38.78 %)
#0, Burck Steven W Etux Sharon, 202 Rosebud Street, Corpus Christi, TX 78404
#4, Burck Steve W and Gary D Gray, 4833 Leopard, Corpus Christi, TX 78408
#6, Burck Steve W and Gary D. Gray, 4833 Leopard, Corpus Christi, TX 78408
#7, Burck Steve W and Gary D Gray, 4833 Leopard, Corpus Christi, TX 78408
#14, Burck Steve W and Gary D Gray, 4833 Leopard, Corpus Christi, TX 78408
#16, Burck Steve W and Gary D Gray, 4833 Leopard, Corpus Christi, TX 78408
#18, Burck Steve W and Gary D Gray, 4833 Leopard, Corpus Christi, TX 78408
#20, Burck Steve W and Gary D Gray, 4833 Leopard, Corpus Christi, TX 78408
No Comments
imposition: 0
HAPLN-DIR\SHAREMBeverly\2007 PCTUBLIC COMtviENTS\1007-03.doc
MINUTES
REGULAR PLANNING COMMISSION MEETING
Council Chambers- City Hall
Wednesday — October 31, 2007
5 :30 P.M.
COMMISSIONERS: S: STAFF:
Rudy Garza, Vice Chairman Johnny Perales, PE, Deputy Director
James Skrobarczyk of Development Services/ Special Services
Milano J. Huerta Faryce Goode- Macon, Interim Assistant
David Loeb Director of Development Services/Planning
John C. Tamez Miguel S. Saidana, AMP, Senior City Planner
Even J. Kelly Wes Vardeman, City Planner
Gary Smith, Assistant City Attorney
ABSENCES: Beverly Lang - Priestley, Recording Secretary
I. Bryan Stone, Chairman
Govind Nadkarni
Si used quiere dirigirse a la comision y su ingl s es limitado, habra un interprete de espaiiol a ingl s en la
junta Para ayudarle
CALL TO IDI
A quorum was declared and the meeting was called to order at 5:31 p.m.
Iv. ZONING
1. New Zoning
a. Case No. 1007-03
Gary D. Gray — A change of zoning from an "I -2" Light Industrial District to an
"1-3" Heavy Industrial District. - -- - - -- Whelan Tract Unit 2, Block 1, Lot 4, located on High Starr Drive, approximately
475 feet north of intersection of Leopard Street.
Wes Vardeman, City Planner, presented the above case via Power Point stating the applicant is
Gary D. Gray of Gray and Burck Properties, a Weldinghouse incorporated facility. Mr. Vardeman stated
the property is located along the east side of High Starr Drive, approximately 200 feet south of Savage
Lane. Mr. Vardeman presented several aerial slides of the subject property and stated the applicant is
requesting to rezone Lot 4 from an "I -2" Light Industrial District to an "I -" Heavy Industrial District for
the installation and operation of three cryogenic pressurized vessels containing nitrogen and argon and
one (1) CO2 (oxygen) pressurized tank for the purpose of refilling rented pressurized cylinders within a
proposed 2,400 square foot building. The cylinders are used in the welding, fabricating and cutting of
metal and steel plating. The site is currently under construction, excluding the fill facility and location of
the tanks.
Mr. Vardeman stated the "I -2 " Light Industrial District is intended for light manufacturing,
fabricating, warehousing and wholesale distribution. Mr. Vardeman stated this district is not intended for
residential dwellings. Setback requirements are 20 foot front yard and no side yard or rear yard
requirements. Mr. Vardeman stated all outside storage must be screened from public view by a solid
screening fence. Mr. Vardeman stated most of the surrounding properties are "1-2" Light Industrial
District.
Planning Commission Minutes
October 31, 2007
Page 2
In contrast, Mr. Vardeman stated the "I-3" Heavy Industrial District provides for industrial
operations of all types except for potentially hazardous industries which are permitted only after a public
hearing and review. Setback requirements are 20 foot front yard and no side yard or rear yard
requirements, no height restriction and no floor /story limit for the "I-3" Heavy Industrial District.
Mr. Vardeman stated the subject property is currently vacant. To the north and south of the
subject property is vacant land and to the west and east are light industrial uses. Mr. Vardeman stated the
request is consistent with the Future Land Use Plan. Of the twenty -four notices mailed, zero were
returned in favor and zero were returned in opposition.
Staff recommends denial of an "I -" Heavy- Industrial District, and in lieu thereof, approval of an
"I -2" Light Industrial District with a Special Permit allowing for the installation and operation of three (3)
cryogenic vessels, one (1) CO2 tank, and the 2,400 square foot cylinder filling facility and operations
building, subject to a site plan, and approval by the Fire Marshal and Zoning Board of Adjustment.
In response to Commissioner Skrobarczyk, in reference to the Future Land Use Map, fir.
Vardeman stated the gray area on the map is "I -2" Light Industrial and that staff's recommendation is
consistent with that zoning.
In response to Commissioner Loeb, Mr. Vardeman stated the "I -" Heavy Industrial District
begins north of Interstate Highway 37 and the white lots on the Future Land Use Map are vacant lots that
are currently zoned "I -2" Light Industrial.
In response to Commissioner Tamez, Mr. Vardeman stated the vessels proposed to be installed
are normally located and operated within the "1-3" Heavy Industrial District. Mr. Vardeman stated the
actual filling of the tanks will take place within the proposed facility, with the larger vessels remaining
outside as storage.
In response to Commissioner Tamez, Mr. Vardeman stated that part of the reason staff is
requesting an "I -2" with a special permit as opposed to an "I -" is due to the fact that sexually oriented
businesses are allowed in the "I #" Heavy Industrial District. Faryce Goode -Macon stated another reason
is that the pad site is small and rezoning of the site could be considered "spot zoning ".
In response to Commissioner Loeb's question as to requiring special permits for SDKs as
opposed to allowing them in the "I -" District so that the "I_" District can be used for it's intended use,
Ms. Goode -Macon stated that if the Planning Commission wanted to initiate an ordinance review to make
that suggestion to City Council, it would need to be done in coordination with the UDC group,
Development Services and the police department. Gary Smith, Legal Counsel, stated that it could be
done and that all text amendments require public notice.
Public hearing was opened.
Mr. Jerry Kramer, AIA, representative for the applicant, came forward stating that if the
commissioners had any questions, he and the applicant, Gary Gray, were present to try to answer them.
Mr. Kramer stated that the Fire Marshall has reviewed the plan, location, and spacing of the tanks which
complies with the building codes. Mr. Kramer stated the smaller tanks would be filled inside the facility
and the larger tanks will remain outside.
In response to Commissioner Skrobarczyk, Mr. Kramer stated the reason for filling the tanks
inside has to do with having a controlled space to work in rather than outside in an open area. In an effort
to clarify the dangerousness of the products to surrounding businesses in reference to possible explosion,
Vice - Chairman Garza stated that, being familiar with the gas product to be stored in the tanks, he can
safely say that these particular products do not pose an extremely explosive threat.
Planning Commission Minutes
October 31, 2007
Page 3
Ms. Goode -Macon stated that Mike Borden of the Fire Marshall's office has suggested an
amendment to the fire code which would allow above - ground fuel tanks in the "1-2" District, and that
provision will be included in the UDC Group review to allow the above- ground fuel tank as an
objectionable use under the "I -2" District. Currently, there is only one objectionable use within the "I -2"
District and that is for explosives.
Public hearing was closed.
Motion was made by Commissioner Martinez to accept staff recommendation and was seconded
by Commissioner Skrobarczyk. Motion passed unanimously with Chairman Stone and Commissioner
Nadkarni arni being absent and Commissioner Iu rta abstaining.
Pagel of 3
AN ORDINANCE
AMENDIN G THE ZONING ORDINANCE, UPON APPLICATION
BY GARY D. GRAY, BY CHANGING THE ZONING MAP IN
REFERENCE TO WHELAN I TRACT UNIT 2, BLOCK 1, LOT 4, FROM
"1.2" LIGHT INDUSTRIAL DISTRICT TO "I -2 /SP" LIGHT INDUSTRIAL
DISTRICT WITH A SPECIAL PERMIT TO ALLOW FOR THE
INSTALLATION AND OPERATION OF THREE (3) CRYOGENIC
VESSELS, ONE (1) CO2 TANK, A PROPANE VESSEL, A PROPYLENE
VESSEL , AND THE 2,400 SQUARE FOOT CYLINDER FILLING
FACILITY AND OPERATIONS BUILDING, SUBJECT TO A SITE PLAN
AND APPROVAL BY THE FIRE MARSHAL AND ZONING BOARD OF
ADJUSTMENT; ENT; AMENDING THE COMPREHENSIVE PLAN TO
ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING
COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE;
PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND
DECLARING AN EMERGENCY.
WHEREAS , the Planning ca
Commission sion has for rded to the City Council its reports and
recommendations onernin the application of Gary D. Gray, for amendment to the
Cit y of Corpus Christi Zoning Ordinance and Zoning Map;
WHEREAS, with re er notice to the public, public hearings were held on Wednesday,
p p
October 31 2007, during a meeting of the Planning Commission, and on Tuesday,
December 11, 2007, during durin a meeting of the City Council, in the Council Chambers} at
Hall, in the City of Corpus Christi, during which all interested persons were allowed
City p
tc appear and be heard; and
WHEREAS, EAS the City Council has determined that this amendment would best serve
public health, necessity, and convenience and the general welfare of the City of Corpus
Christi and its citizens.
NI THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by changing the zoning on Whelan Tract Unit 2, Block 1, Lot 4, located on
High Starr Drive, approximately 475 feet north of Leopard Street, from "1 -2" Light
Industrial District to "I-2/SP" Light Industrial District with a Special Permit it to allow the
installation and p eration of three (3) cryogenic vessels, one (1) CO2 tank, a propane
vessel, a propylene vessel, and the 2,400 square foot cylinder filling facility and
operations building, subject to plan, lan, attached, and approval by the Fire Marshal
and Zoning Board of Adjustment. (Zoning Map 050045)
SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended reflect the amendment to the Zoning Ordinance made by Section 1 of this
ordinance.
H: \LE -DIi \ h red\ ary \agenda\ OO7\l2 i 1\ D-zoning Gray-Whelan-special permit.doc
Page 2 of 3
SECTION 3, That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1 937, as amended from time to time,
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect.
SECTION 4. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Flan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
SECTION . That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 6. A violation of this ordinance or requirements implemented under this
ordinance constitutes an offense punishable under Section 1- of the City Code of
Ordinances.
SECTION 7. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 8. That upon 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 upon first reading as an emergency
measure on this 11th day of December, 2007.
ATTEST:
Armando Chapa
City Secretary
APPROVED: OVED: C ecember 5, 2007
ai
ry ' .Smith
Assistant City Attorney
For City Attorney
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor, City of Corpus Christi
H:I LEG -DIF ISh red\ ary la enda1 OO7 \12 -11\ D-zoning Gray-Whelan-special perrnit.doc
Page 3 of 3
Corpus Christi, Texas
day of _, 2007
TO THE MEMBERS OF THE CITY COUNCIL
CIL
Corpus Christi, Texas
the
reasons set forth in the emergency clause of the foregoing ordinance, an
emergency exists requiring suspension ension f the Charter rule as to consideration and
voting upon ordinances at two regular meetings. Uwe, therefore, request that you
suspend said Charter r 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
Melody Cooper
Larry Elizondo, Sr. - -
Mike Hummel!
Bill Kelly __—
Priscilla G. Leal -- - _ -
John E. Marez
Nelda Martinez -
Michael M Cuteln n
H:1 LEG -DIR \Shared\ arY \a efda1 O7 \1 -1 11 D -zonin Gray-Whelan-special peeial permit.doe
26
AGENDA MEMORANDUM
PUBLIC HEARING — ZONING (City Council Action Date: December 11, 2007)
Case No. 1107 -01, Turner Industries, I L : A change of zoning from a "R-113" One- family Dwelling
District to a "B-4" General Business District on Tract 1 (3.726 acres) and "1-3" Heavy Industrial District
on Tract (31.926 acres) on property described as 3.726 acres of land (Tract 1) and 31.926 acres of land
(Tract 2) both out of the Consolidated El Paso Irrigation & Manufacturing Company State Survey 500,
Abstract 582, located at the intersection of Ili 37 and Clarkwood Road
Planning Commission and Staff's Recommendation (No ember 14, 2007): Approval of the "B-4"
General Business District on Tract 1 and denial of the "1-3" Heavy Industrial District on Tract 2, and in
lieu thereof, an "I -2 SP" Light Industrial District with a Special Permit on Tract 2 allowing the
following:
1. Uses within the "I-3" Heavy Industrial District in Section 21 -2 under the heading Metal and Metal
Products for the purpose of manufacturing or fabricating those items listed.
2. All items listed under Section 21.2 with the exception of those listed under Unclassified Industries
and Unclassified Uses can be used or stored at the facility i
Agenda Memorandum
Case No. 1107-01 (Turner Industries Group, LLC)
Page
• Existing Land Uses: The subject property is currently undeveloped. Interstate Highway 37 borders
the property to the north with industrial development across II-1 37. The Flint Hills Corporation
owns two large vaunt tracts along the east side and west of the subject property across Clarkwood
Road. The area south of the subject property is vacant and is owned by the applicant. The area to
the south is already zoned "I -2" Light Industrial and will be part of the Phase -2 development plan.
Across Leopard Street to the southwest is a large industrial plant (Sam Kane beef processing).
• Utilities: Prior to issuance of the building permit, platting of the property i
Agenda Memorandum
Case No. 1107-01 (Turner Industries Group, LLC)
Page 3
Notification: Of the eleven 11 notices mailed to the surrounding property owners, two were returned
in favor and zero (0) were returned in opposition. The 20% rule is not invoked. This case is considered
non - controversial. State law 0% rule is invoked when property owners who own 20% of the land
within the 200 foot radius of the subject property are opposed. Invoking the 20% rule requires a
three - quarters favorable vote of the City Council for a change of zoning to be approved, rather than
a simple majority. Unless such proposed change is approved by the Planning Commission such
change shall not become effective except by a favorable vote of a majority plus one of the City
Council present and voting.
F4 /h
Bob Nix, AICP
Assistant City Manager of Development Services
B GM bIp
Attachments:
1) Specific Permitted Uses
2) Zoning Report
3) Planning Commission Minutes (November 14, 2007)
4) Ordinance
P M/Prof eot Manager
SrCP /CP
Planning Director
H:1PLN- D1R\SHARED1Bev rly12 07 INo ' 711107- 1 ACENDAMEM .doe
Attachment: "1-3" Permitted Uses
"I -3 H v r Industrial District R ulati n
Section 21-2 Use_R gulations
Metals and Metal Products
Boat manufacture (over five tons)
Boiler manufacture (other than welded)
Brass and bronze foundries
Forge plant, pneumatic, drop and forging hammering
Foundries
Galvanizing or plating (hot dip)
Lead oxide
Locomotive and railroad car building and repair
Motor testing (internal combustion motors)
Ore dumps and elevators
Shipyard
Structural iron and steel fabrication
Wire rope and cable
Section 21-3 ob'ectionble Uses A i s royal b Zonin Board of Ad`utment re ' aired
Chemical, Petroleum, Coal, and Allied Products
Acids and derivatives
Acetylene, generation and storage
Ammonia
Caustic soda
Cellulose and cellulose storage
Chlorine
Coke oven products (including fuel gas) and coke oven products storage
Creosote
Distillation, manufacture, or refining of coal, tar asphalt, wood, and bones
Explosives (including ammunition and fireworks) and explosives storage
Fertilizer (organic)
Fish oils and meal
Glue, gelatin (animal)
Hydrogen and oxygen
Lamp black, carbon black, and bone black
Nitrating of cotton or other materials
Nitrates (manufactured and natural) of an explosive nature, and storage
Petroleum, gasoline, and lubricating oil refining, and wholesale storage
Plastic materials and synthetic resins
Potash
Pyroxylin
H : \PLN #DIR \SHARED\Beverl rl 7 P NRPT \November \I - uses for 11 7 -01.do
Rendering and storage of dead animals, offal, garbage, or waste products
Turpentine and resin
Clay, Stone, and Glass Products
Brick, firebrick, refractories, and clay products (coal fired)
Cement, lime, gypsum, or plaster of Paris
Minerals and earths: quarrying, extracting, grinding, crushing, and processing
Food and Beverage
Fat rendering
Fish curing
Slaughtering of animals
Starch manufacture
Metals and Metal Products
Aluminum powder and paint manufacture
Blast furnace, cupolas
Blooming mill
Metal and metal ores, reduction, refining, smelting, and alloying
Scrap metal reduction
Steel works and rolling mill (ferrous)
Wood and_Par Products
Match manufacture
Wood pulp and fiber, reduction and processing
CITY COUNCIL
ZONING REPORT
Case No.: 1107-01
City Council Hearing Date: December 11, 2007
Applicant & Legal
Description
Applicant: Turner Industries Group
Owner: Same as Applicant
Agent: Same as Applicant
Legal Description/Location: 3.726 acres of land (Tract 1) and 31.926 acres of land (Tract 2)
both out of the Consolidated El Paso Irrigation & Manufacturing Company State Survey 500,
Abstract 582, located at the intersection of ICI 37 and Clarkwood Road. .
Zoning Request
From: "R-18" One-family Dwelling District
To: "B-4" General Business District on Tract I (3.726 acres) and "I-3" Heavy Industrial
District on Tract acres).
Area:
Request: Purpose of allow fabrication Tract and a
pipe fabrication assembly facility r laydown yard on Tract
Existing Zoning and Land
Uses
Zoning
Existing Land Use
Future Land Use
Site
"R-1B" One - family Dwelling
District
Vacant
Low Density Residential
North
"I -" Heavy Industrial District
Industrial
Heavy Industrial
South
"I -2" Light Industrial District
Vacant
Light Industrial _.
East
"F -R" Farm Rural District
Vacant
Low Density Residential
West
• "R-18" One - family Dwelling
District
Vacant
Low Density Residential
ADP, Map
Violations
Area Development Plan: Port/Airport/ Violet Development Plan. The proposed development is
not consistent with the adopted future land use map which supports low and medium
density residential; however a modification to the Plan is acceptable for commercial uses
along the frontage across from industrial uses. Tract 2 would be an expansion of the
industrial district to the south.
Map No.: 057047
Zoning Violations: None
Zoning Report
Case No. 1107-01 (Turner Industries Group, LLC)
Page 3
Staff's Summary (cont)
6 Scenic Corridor: Policy Statement B.7 of the PortAirportiolet Area Development Plan
designates this section of the Interstate Highway as a scenic corridor. Scenic corridors are
defined as streets where the City wishes to visually enhance highly traveled streets or entry
ways into the city. The primary emphasis is on providing an attractive view from a vehicle or
pedestrian passing.
• Policy Statement .7: The following design objectives should be followed for development
along these designated scenic corridors.
A. A minimum 20' street yard with 100% landscaping, except for sidewalks and
driveways, should be required adjacent to scenic corridors;
B. Placement of overhead utility lines underground or at the rear properties away form the
scenic corridor;
C. Removal of billboards;
D. Locations for public art within public right-of-way and on private property;
E. Strong consideration should be given to metal halide lighting; and
F. Greater sign restrictions pertaining to height and size of free standing signs located both
within street yards and in the interior (behind street yards/ bui
Zoning Report
Case No. 1107-01 (Turner Industries Group, LLC)
Page
Staff Recommendation
Plannin f Commission and Staff's Recommendation ovember 14 2007 : Approval of the "B-4"
General Business Distri
Attachment: "I -3" Permitted Uses
1 -3' Hea_v Industrial D4trict R&,gulations
Section 21 -2 Use_Regulations
Metals and Metal Products
* **
**
Boat manufacture (over five tons)
Boiler manufacture (other than welded)
Brass and bronze foundries
Forge plant, pneumatic, drop and forging hammering
Foundries
Galvanizing or plating (hot dip)
Lead oxide
Locomotive and railroad car building and repair
Motor testing (internal combustion motors)
Ore dumps and elevators
Shipyard
Structural iron and steel fabrication
Wire rope and cable
Section 21-3 bje ti n ble Uses oor val by Zoning hoard diu trnent required)
* **
Chemical, Petroleum, Coal, and Allied Products
Acids and derivatives
Acetylene, generation and storage
Ammonia
Caustic soda
Cellulose and cellulose storage
Chlorine
Coke oven products (including fuel gas) and coke oven products storage
Creosote
Distillation, manufacture, or refining of coal, tar asphalt, wood, and bones
Explosives (including ammunition and fireworks) and explosives storage
Fertilizer (organic)
Fish oils and meal
Glue, gelatin (animal)
Hydrogen and oxygen
Lamp black, carbon black, and bone black
Nitrating of cotton or other materials
Nitrates (manufactured and natural) of an explosive nature, and storage
Petroleum, gasoline, and lubricating oil refining, and wholesale storage
Plastic materials and synthetic resins
Potash
Pyroxylin
H:1PLN -I I \SHAREDIE verl 0 P Z RPT \Nov tuber I -3 uses for 1107-01.doc
Rendering and storage of dead animals, offal, garbage, or waste products
Turpentine and resin
clay, Stone. and Glass Products
Brick, firebrick, refractories, and clay products (coal fired)
Cement, lime, gypsum, or plaster of Paris
Minerals and earths: quarrying, extracting, grinding, crushing, and processing
Food and Beverage
Fat rendering
Fish curing
Slaughtering of animals
Starch manufacture
Metals and Metal Products
Aluminum powder and paint manufacture
Blast furnace, cupolas
Blooming mill
Metal and metal ores, reduction, refining, smelting, and alloying
Scrap metal reduction
Steel works and rolling mill (ferrous)
Wood and Paper Products
Match manufacture
Wood pulp and fiber, reduction and processing
wegN
3 -4
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•
QI �IAL
is
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ASSESSORS MAP 140
SAM KANE
1 -3
CELANESE RESEARCH TRACTS
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NOTICE
CASE # 1107 -01
ZONING
A -1 Apartment House District I -1 Limited Industrial District
A -1A Apartment House District 1 -2 Light Industrial District
A -2 Apartment House District 1-3 Heavy Industrial District
AB Professional Office District PUD Planned Unit Development
AT Apartment - Tourist District R -1A One Family Dwelling District
B-1 Neighborhood Business District R -1B One Family Dwelling District
6-1A Neighborhood Business District Ft -1C One Family Dwelling District
8 -2 Beyfront Bl ainesa District R -2 Multiple Dwelling District
B-2A Barrier Island Business District RA One Family Dwelling District
B-3 Business District RE Residential Estate District
B-4 General Business District R -TH Townhouse Dwelling District
B-5 Primary Business District SP Special Permit
B-6 Primary Business Core District T -1A Travel Trailer Paris District
BD Corpus Christi Beech Design Dist_ T -IB Manufactured Home Park District
F -R Farm Rural District T -1C Manufactured Home Subdivision
HC Historical -Cultural Landmark District
Preservation
Prepared 6y: SAR
Pri,4Y„p Dale: Meader, o. .r 30. 2007
Ciy W corpus .C*14' , TX. Dwreioprnara Services
Fie: H; P'L11-DlRtSF[ARED5G18 PhrojectsSGa.s12447 ionavt1107 .0 1ri70741, d
OWNERSHIP
Subject Property
FN. Owners within 200 feet listed
on attached ownership table
Prepared 6y: SR R
PrinlrR D. Tuesday. October 30, 2007
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COMMENTS RECEIVED
FROM PUBLIC NOTICES MAILED
Case No: 1107 -01
Name: Turner Industries Group, LLC
Circled =FAVOR X = OPPOSED
(Note: The number(s) next to name corresponds to the attached map.)
Total number mailed:
Returned undeliverable:
11
0
Y. Notices returned from within the 200 -foot notification area:
Favor: 2
#1, #3 — Flint Hills Resources, LP, P.O. Box 2608, Corpus Christi, TX
"Flint Hills has no objection to Turner's rezoning application as
stated."
Opposition: 0 ( )%
II. Responses received from outside the 200 -foot notification area:
Favor: 0
Opposition: 0
III. Responses received from owners /applicants of subject area:
Favor: 0
Opposition:
H:1PLN- DIR\SHARED\Bever1y12007 PC1PUBLIC C MMENTS11107 -01.do
MINUTES
REGULAR PLANNING COMMISSION MEETING
Council Chambers- City Hall
Wednesday — November 14, 2007
5:30 P.M.
COMMISSIONERS:
R. Bryan Stone, Chairman
Rudy Carr, Vice Chairman
James Skrobarczyk
Atilano J. Huerta
David Loeb
John C. Tamez
Evon J. Kelly
Johnny Martinez
Govind Nadkarni
ABSENCES:
None (as amended)
STAFF:
Bob Nix, , AICP, Assistant City Manager Development
Services
Johnny Perales, PE, Deputy Director
Of Development Services/ Special Services
Faryce Goode - Macon, Interim Assistant
Director of Development Services Planning
Miguel S. Saldafia, AICP, Senior City Planner
Dan McGinn, Project Manager
Gary Smith, Assistant City Attorney
Beverly Lang - Priestley, Recording Secretary
Si usted quiere dirigirse a la corrosion y su ingl s es limitado, habra un interprete de espanol a ingl s en la
junta para ayudarle
I. CALL TO ORDER
A quorum was declared and the meeting was called to order at :30 p.m.
Iv. ZONING
I . New Zoning
a. Case No. 1107-01
Turner Industries, LL — A change of zoning from a "R-1B" One- family
Dwelling District to a "B-4" General Business District for Tract 1, and to an
"I -3" Light Industrial District for Tract 2, resulting in a land use change from
vacant to industrial _
35.652 acres out of the Consolidated El Paso Irrigation and Manufacturing
Company State Survey 500, Abstract 582, located southeast of intersection of
I.H. 37 and Clarkwood Road north of Leopard
Mr. Dan McGinn presented the above case via Power Point and stated the applicant is Turner
Industries and the subject property is 36 acres located at the southeast corner of the intersection of IH 37
and Clarkwood Road, currently zoned "R-1B" One-family Dwelling District. The applicant is requesting
a "13-4" General Business District on Tract 1 (3.72 acres) and an "1-3" Heavy Industrial District on Tract 2
(31.92 acres). Mr. McGinn stated Tract I is along the frontage of IH 37. The purpose for the request is
for a pipe fabrication facility, supplying materials to the refining operations. Tract I will contain some of
the less intense uses, such as the administrative building, a future training facility, parking areas, and
some landscaping for buffering. Tract 2 will contain the fabrication plant, laydown yards and some
additional parking. Mr. McGinn stated there are two phases to the development. Two large tracts to the
east and west are owned by Flint Hills and are vacant and are residential zoning. Flint Hills Refinery and
some additional businesses are across the highway. There is a beef processing plant to the south across
Leopard, and a CP &L building on the southeast corner of Clarkwood and Leopard.
Planning Commission Minutes
November 14, 2007
Page
Mr. McGinn inn stated this section of IH 37 has been designated as a scenic corridor in our
Port/Airport/Violet Area Development Plan. A scenic corridor is defined in the plan as an entryway
corridor that enters the urban core, and we're trying to implement design objectives to visually enhance
the experience. Design objectives include additional landscaping, signage control, utilities underground,
various lighting, parking lot and billboard reduction.
Staff recommends approval of the "B-4" General Business District on Tract I and denial of the
"1-3" Heavy Industrial District on Tract 2, and in lieu thereof, an "1-2/ SP" Light Industrial District with a
Special Permit allowing all uses within the "I-" District and the permitted uses in the "1-3" District,
except for those uses listed as "Unclassified Uses" of Section 21-2; and "Unclassified Industries and
Uses" of Section I- "Objectionable Uses."
Commissioner Loeb stated that staff's document does not line up with the policy statement. The
policy statement says the City "should" designate II-I 37, not "the City is or has" designated and stated his
concern about enforcing something that is being asked for in the master plan but was never passed
separately. Faryce Goode - Macon, Interim Assistant Director of Development Services, stated that that
what the Commissioner was reading is that we are letting the Planning Commissioners know that in the
ADP for the AirportlViolet Plan, there was a policy statement supported by Planning Commission and
City Council to that affect; Staff needs to make the current Commission aware of that policy statement.
Ms. Goode -Macon stated that Turner Industries was also made aware of this concern, and in response to
that concern, they opted for the "B-4" General Business District on Tract I .
In response to Commissioner Skrobarczyk's observation that the pi
Planning Commission Minutes
November 14, 2007
Page 3
In response to Commissioner Huerta, Mr. Hudson stated that considering the options, a detention
pond i
Planning Commission Minutes
November 14, 2007
Page 4
almost 50% of what the City does. Mr. Pusley stated they need time to know exactly what is included in
the exceptions to protect their interests.
Mr. Hudson stated that Urban Engineering was the one who submitted the rezoning request and
identified the "1-3" as to what this industry best fit. There are some pipe fabrication industries in town
that exist in "I -2" and that is why Turner Industries thought they would fit in that, however, if one looks
at the language i
Planning Commission Minutes
November 14, 2007
Page 5
In response to Commissioner Tamez's question regarding an "I -" with limitations, Gary Smith,
Legal Counsel, stated that if you zone them an "I-3", they will have all of the uses of an "I-3".
Motion for a sidebar passed with Commissioner Loeb voting in opposition and the public hearing
was suspended.
Chairman Stone stated that agenda item VII would be moved forward and heard at this time.
At this point, the suspended public hearing for agenda item IV.I.a. Turner Industries, LLC was
reopened.
Mr. McGinn stated that the school district and the applicant had come to an agreement on the
items to be included in the special permit. Mr. McGinn stated staff recommendation is approval of the
"B-4" General Business District on Tract I and denial of the "1-3" Heavy Industrial District on Tract 2, and
in lieu thereof, an "1-2/ SP" Light Industrial District with a Special Permit allowing for the uses within the
"1-3" Heavy Industrial District in Section 21.2 under the heading Metal and Metal Products for the purpose
of manufacturing or fabricating those items listed. In addition all items listed under Section 21 -2 with the
exception of those listed under Unclassified Industries and Unclassified Uses can be used or stored at the
facility if necessary in the manufacturing or fabricating of said Metal and Metal Products uses. The Special
Permit also includes those uses in Section 21-3 Objectionable Uses, with the exception of those listed under
the heading Unclassified Industries and Uses. All allowed uses under the Objectionable Uses section 21-3,
require a public hearing and approval by the Zoning Board of Adjustment. In addition all customary
accessory uses which are associated with the operation of a pipe fabrication facility will also be allowed
under the Special Permit.
Dr. Gonzalez thanked all for listening and sharing concerns. Mr. Gonzales stated that this
property is close to several subdivisions and the school district has invested $67 million in the last six
years in new buildings. Dr. Gonzalez stated that zoning is very important to the Tuloso Midway District.
In response to Chairman Stone, Dr. Gonzalez stated he was satisfied with the resultant agreement.
Motion to approve was made by Commissioner Huerta and seconded by Vice - Chairman Garza.
Motion passed with Commissioner Loeb in opposition.
Commissioner Loeb motioned to start the process of creating a new zoning district called
"I-3A" that would include all uses of "I -3" except sexually oriented businesses (SOBS). Motion was
seconded by Commissioner Tamez.
Mr. Smith clarified that this motion is actually a motion to put the discussion on a future agenda.
Commissioner Skrobarczyk stated that he is on the UDC Base Zoning focus group and they are
reviewing each zoning district, therefore, it would be a good idea for the focus group to receive a specific
request to identify and address the issue.
Mr. Bob Nix, AICP, Assistant City Manager of Development Services, cautioned that this issue
of the type of business we are discussing is very complicated, is a complex legal landscape and our
attorneys need to be heavily involved in any decisions made about that.
Vice - Chairman Garza stated that he, too, is a member of the UDC Base Zoning Focus Group and
that the group has been addressing the issue of sexually oriented businesses and zoning options. They
have also visited the legalities governing the SO s. Vice - Chairman Garza stated that when it comes
before the Planning Commission this will be a good vehicle and there will be opportunity to make
adjustments as needed.
Planning Commission Minutes
November 14, 2007
Page
Commissioner Huerta stated we need to take an overall look at the city and the areas that we want
to allow "I-3" development. Commissioner Huerta referenced Monterey, Mexico, stating that the city is
built around an "I-3" district and it is really bad. Commissioner Huerta stated we need to allow for that,
but we really need to find the proper place for that to happen.
Mr. Smith stated that the vote should be taken to put this item on the next agenda and stop
discussing an item that is not on the agenda.
Roll call vote was taken. Motion failed with Chairman Stone, vice- Chairman Garza and
Commissioners Skrobarczyk, Kelly (as amended), Huerta and Nadkarni voting in opposition.
Page 1 of 4
AN ORDINANCE
INANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION
BY TURNER INDUSTRIES,
LLC, BY CHANGING THE ZONING MAP IN
REFERENCE TO CONSOLIDATED ATE EL PASO IRRIGATION
MANUFACTURING STATE SURVEY 500, ABSTRACT COMPANY RACT 582,
" E FAMILY DWELLING �� DISTRICT TO B
„
FROl ONE-FAMILY
GENERAL BUSINESS DISTRICT ON TRACT (3.726 ACRES) AND
"1-2/SP" FIAL DISTRICT WITH A SPECIAL PERMIT TO
ALLOW FOR THE DEVELOPMENT of A PIPE FABRICATION
PAFACILITY ON T(31.926 ACRES); ACRES); AMEN I G THE
COMPREHENSIVE PLAN TO ACCOUNT FOR ANY. DEVIATIONS
FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A
REPEALER CLAUSE; PROVIDING ING A PENALTY; PROVIDING FOR
PUBLICATION; AND DECLARING AN EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the application of Turner Industries, LLC, for amendment
to the City of Corpus Christi Zoning Ordinance and Zoning Map;
WHEREAS, with proper notice to
the public, public hearings were held on Wednesday,
November 14, 2007, during a meeting of the Planning Commission, and on Tuesday,
in of the City Council, in the Council Chambers, at
December '11 � 2007, during meeting �
City Hall, in the City of Corpus Christi, during which all interested persons were allowed
to appear and be heard; and
WHEREAS, Council has determined that this amendment would best serve
BF�� the City �
public health, necessity, and
convenience and the general welfare of the City of Corpus
Christi and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE ciTY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Zoning
Ordinance of the City of Corpus Christi, Texas, is
3.726 acres of land (Tract '1 out of �ool�ate nded b chan �n the zoning on "R-
IB" by ct 582, from
ion & Manufacturing Company State Survey 500, Abstra
�� Paso Irrigation �� �� acres of
District to - General Business District and 31 .926 ac
� One-family Dwelling
land (Tract 2) out of Consolidated
El Paso Irrigation & Manufacturing Company State
t the intersection of iI 3 and Clarkwood Road,
Survey 500, Abstract 582, located a with Dwelling District to "l -2 SP" Light industrial District with a
from F- One-family Uwe ,
' the following uses: (Zoning Map 057047) (Exhibit)
Special Permit to allow th g
. Uses within the "1-3" Heavy Industrial District in Section 21 -2 under the heading
�
Metal and Metal Products for the purpose of manufacturing or fabricating those
items listed.
Ea•lE fIP\ h,rpci \C,ary laa rlda1 0711 - 11 \ORD- zorIingl1 - O'lTurner -sp.dO
Page 2of
2. All items listed under Section 21 -2 with the exception of those listed under
Unclassified Industries and Unclassified Uses can be used or stored at the facility
if necessary in the manufacturing or fabricating of said Metal and Metal Products
ry
uses.
3. Uses in Section 21 -3 Objectionable Uses, with the exception of those listed
under the heading Unclassified Industries and Uses.
4. All allowed uses under the biJ e tionawble Uses Section 21 -3, require a public
hearin g and approval by the Zoning Board of Adjustment.
5. All ustoma ry accessory uses which are associated with the operation of a pipe
fabrication facility.
SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended
to reflect the amendment to the Zoning Ordinance made by Section 1 of this
ordinance.
SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1937, as amended from time to time,
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect.
SECTION 4. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
SECTION . That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 6. A violation of this ordinance or requirements implemented under this
ordinance
constitutes an offense punishable under Section 1-6 of the City Code of
Ordinances.
SECTION . That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 8. That upon written request of the Mayor or five Council members, copy
attached, the City Council finds and declares an emergency due to the need for
action necessary for the efficient and effective administration of City affairs
immediate r
suspends the Charter rule as to consideration and voting upon ordinances at two
and p
regular meetings so that this ordinance is passed upon first reading as an emergency
measure on this ith day of December, 2007.
H:1LE -DlF \Shred\ ary lag nda12O \l -1 t\OR -zonin 1107- O1Turner -sp.do
Page 3 of 4
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: December 5, 2007
11..A,..........■..
Gary 1 . Smith
Assistant City Attorney
For City Attorney
Henry Garrett
Mayor, City of Corpus Christi
H•1i F{ DER' har dl ary 'agenda 120071' 2 -11 \ R - ring' 10 -Ol Turner -sp.dO
Page 4 of 4
Corpus Christi, Texas
day of _ , _, 2007
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
forth in the emergency clause of the foregoing ordinance, an
For the reasons �
exists requiring suspension of the Charter rule as to consideration and
emergency e��t re�u�ring
two regular meetings. Uwe, therefore, request that you
voting upon ordinances at g .. .
said this ordinance finally on the date i is introduced, or
suspend said charter rule and pass
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
Melody Cooper
Larry Eli ondo, Sr.
Mike H mmel l
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael X11 Cut hon
u. Cr._r iR1 ,nrpr#1 nr laaenda120g -711 -11\ } D- eningl 1 07 -O ,Turner- P.doo
•
ENGINEERING
Job No. 40821.A7.0
October 22, 2007
3.726 Acre Tract Trck L
State of Texas
County of Nu c s
Fieldnotes for a 3.726 acre tract of land (not based on an on-the-ground survey)
out of The Consolidated El ' Paso Irrigation & Manufacturing Company State Survey 500,
Abstract 582, Nueces Count Texas; said 3,726 acre tract of land being more fully
,
described by metes and bounds as follows:
Beginning at the intersection of the east boundary of Clarkwood Road, a public
roadway, and the south boundary Highway of interstate Highwa 37, a public roadway, for the
northwest corner of this tract;
Thence, South
58°55'35" East, along said south boundary of Interstate Highway
37, a distance of 277.81 feet for a corner of this tract;
Thence, South 62'38'36" East, continuing along the south boundary of said
Interstate 'Highway 37, distance of 421.16 feet for a corner of this tract;
1�
Thence, South 7 °54'27 ". East, continuing along the south boundary of said
Interstate Highway ' hwa 37, a distance of 375.00 feet for the northeast corner of this tract;
Thence, South 02°15'38" East, a distance of 1 64.65 feet for the southeast corner
of this tract;
� ° �
Thence, North " West parallel to the south boundary of said Interstate
Highway 37, and 1 50!00 feet distant there from, measured at right angles thereto, a
distance of 44939 feet for a corner of this tract;
West, continuing parallel to the south boundary of said
Thence, North 62'38'36" � p
Interstate Highway 37, and 1 50.00 feet distant there from, measured at right angles
thereto, a distance of 432.92 feet for a corner of this tract;
58°55'35" West, continuing parallel to the south boundary of said
Thence, North 5 � g
Interstate Highway wa 37 , and 1 50.00 feet distant there from, measured at right angles
�" � � to a p
thereto, a distance of feet point on the east boundary of said Clarkwood Road,
same being the west boundary of this tract, for a corner of this tract;
\ \[. r anfsO 1 \ Data\ LIrV Ying \40 I \A700W C .? iacrei raCt.d0 Page 1 of 2
(361)8544101 2725 SWANTNER lER D , • CORPUS CHRISTI, TEXAS 78404 FAX (361)854 -6001
www.urbaneng.com 1 en ,n1
} " along the -east boundary of said Clark good Road,
Thence, North East,
same being the west boundary f this tract, a distance of 167.94 feet to the Point of
Beginning and containing 3.726 acres of land.
Bearings recorded in Volume 2218, Page 509, Deed Records of
a��� are based on deed rec
Nueces County, Texas.
dnotes description, including preamble, seat and signature, appears
Unless this fib its entirety, in i rct � , in its original form surveyor assumes no responsibility for its accuracy.
Urban Engineering
Bar: '
i 1 1 $
_ .:. • A ): i_.a
Jg: n J. Sa r zar, RT. i.
License No. 4909
1.Jrbani O11 at \ Surveyin 0 IV's:MOWN 3.726 a retract.do
Page 2 of
0
i'. •' .
Fh 3 -
ENGINEERING
31.916 Acre Tract — 1y•
Job No 40821.A7.00
October 22, 2007
State of Texas
County of N a es
Fieldnotes for a 31.926 r
tract of land (not based on an on- the - ground survey)
out of The Consolidated El Paso Irrigation & Manufacturing facturin Company State Survey 500,
Abstract 582, Nueces County, Texas; said 31.926 acre tract of land being more fully
described b y metes and bounds as follows:
Beginning the east boundary of Clarkwood Road, a public roadway,
eg���n at a point. on ,
of this tract, from which point, the intersection of said east
for the northwest corner � � public
4 Road and the south boundary ofInterstate Highway
boundary of Clarkwood
bears North 04°20'53" East, a distance of 167.94 feet;
°5 ' " East, parallel to the south boundary of. said Interstate
Thence, South 58
Highway , and 150.00 0 feet distant there from, measured at right angles thereto, a
distance of 207.15 feet for a corner of this tract;
" East, continuing parallel to the south boundary of said
Thence, South � � g p
Interstate Highway 37, and 150.00 feet distant there from, measured at right angles
th�eto
• , a distance of 432.92 feet for a corner of this tract;
Thence, South 67°54'27" East, continuing p ar llel to the south boundary o f said
d 150.00 feet distant there from, measured at right angles
Interstate Highway 37, a
thereto,
a distance of 449.79 feet for the northeast corner of this tract;
Thence, South 02'15'38" East, a distance of 138235 feet for the southeast corner
t � h
of this tract;
Thence, North 64'41'06" West, a distance of 1 .17737 feet to a point on the east
boundary of said Ciarkwood Road, for the southwest corner of this tract;
" along the east boundary of said Clarkwood Road,
Thence, North � West, g
same being the west boundary oft tract, his tract a distance of 836.83 feet for a corner of this
tract;
`hence, North 04'20'53" East, continuing along the east boundary of said
' west boundary of this tract, a distance of 517.79 feet to
Clarkwood Road, same being the y
the Po
int of Beginning and containing 31.926 acres of land.
Vtir ban NOI NEW a!Sury in X40 11\A-7004:143 i. cretracL.do
2725 SWA# T ER DR. • CORPUS CHRISTI, TEXAS 78404
www,urbaneng.com
(361 )854 -3101
Page l of 2
FAX (361)854 -6001
1 (07--0.(
Bearings are based on deed recorded d in Volume 2218, Page 509, Deed Records of
Nueces ounty, Texas.
Unless this fold of s description, including preamble, seal and signature, appears in its entirety, �� its original form, surveyor assumes no responsibility for its accuracy.
Urban Engineering
By:Jim 4
J n J. S ' zar, R.P.L.
License No, 4909
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27
CITY COUNCIL
AGENDA MEMORANDUM
AGENDA ITEM:
December 11, 2007
Public hearing and first reading of the ordinance to consider abandoning and vacating a 2.975 acre
tract of undeveloped and unsurfaced, dedicated public right-of-way (Del Oso Road), out of Lots 6-7,
Section 16, and Lots 1-3, Section 17, Flour Bluff & Encinal Farm & Garden Tracts, located west of
the Ennis J slin Road public right-of-way, and south of the South Alameda Street public right-of-
way; subject to compliance with the specified conditions.
ISSUE: The City is requesting the abandoning and vacating of the public street right-of-way, but
retaining ownership to protect the Golf C urse cart paths and other Improvements within said right-
of-way.
PRIOR COUNCIL ACTI : October 16, 2007 (Ord. No. 027451)- Council had previously appr ved
and executed a declaration of Gift and Agreement between the City of Corpus Christi and the Board
of Regents of the Texas A &M University System for the Benefit of Texas A &M University- Corpus
Christi relating to the conveyance of 140.39 acres of land in the vicinity of Ennis Joslin Rd. and Nile
Drive.
REQUIRED UI1 ED COUNCIL ACTION: City Charter requires Council approval to abandon and vacate any
portion of street rights -of -way. City Code requires a public hearing prior to the vacating and
abandonment of any street rights-of-way.
RECOMMENDATION: Staff recommends approval of the ordinance as presented.
Bob Nix, AICP
ACM of Development Services
Attachments:
Exhibit A - Background Information
Exhibit B - Ordinance
Exhibit C - Site Location Map
Exhibit D — Metes and Bounds of Proposed Street Closure
Exhibit E — Metes and Bounds of Proposed Turn - Around Dedication
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
BACKGROUND:
City of Corpus Christi is requesting the abandoning and vacating of the 2.975 acres of undeveloped
and unsurfaced portion of the Del Oso Road dedicated public right-of-way, located west of the Ennis
Joslin Road public right -of -way. The City will be retaining ownership of the entire 2.975 acre tract of
Del Oso Road as part of the Oso Beach Golf Course, and designating the tract as a utility easement.
The dedicated ROW to be abandoned and vacated is located in an UR -IA" One Family Dwelling
District.
The abandoning and vacating of the dedicated public right -of -way must occur prior to the execution
of the declaration of Gift and Agreement between the City of Corpus Christi and the Board of
Regents of the Texas A&M University, or according to state law, Texas A &M University would
receive half of the right- of -ay.
All public and franchised utilities were contacted regarding this closure request. City Water
Department has a water main within the proposed street closure and is requiring that the owner
retain a minimum 15-foot utility easement for the water main or relocate the water main at owner's
expense. Wastewater ater Department has a 10-inch VCP and a 24 -inch VCP sanitary sewer line within
the proposed street closure and is requiring that the Owner retain some utility easements for both
the sanitary sewer lines or relocate the existing lines at owner's expense. Traffic Engineering is
requiring that a vehicular turn- around (12,657-square feet) be dedicated and constructed
approximately 300 -feet west of the Ennis JosIin Road public right-of-way, as part of the conditions of
the abandonment and vacation of the public right -of -way. The Planning Department along with the
Park and Recreation Department are requiring that the owner retain some cart paths within the
proposed street closure for the No. 2 and No. 3 fairways, located at the Oso Beach Golf Course.
None of the other public and franchised utilities had any objections to the closure.
Staff recommends that payment of the fair market value be waived because City Code, Sec. 49-12,
eliminates payment of the fair market value when an abandoned street is unimproved, as it is in this
case and when the closure is initiated by the City.
EXHIBIT A
Page 1 of 2
AN ORDINANCE
ABANDONING A 1D VACATING A 2,975 ACRE TRACT OF
UNDEVELOPED ELOPED AND U IS J FACED, DEDICATED PUBLIC RIGHT-
OF-WAY (DEL OSO ROAD), OUT OF LOTS 6-7, SECTION 16, AND
LOTS 1-3 SECTION 17, FLOUR BLUFF & ENCINAL FARM & GARDEN
TRACTS, LOCATED WEST OF THE ENNIS JOSLIN ROAD PUBLIC
RIGHT-OF-WAY, AND SOUTH OF THE SOUTH ALAMEDA STREET
PUBLIC RIGHT-OF-WAY; SUBJECT TO COMPLIANCE WITH THE
SPECIFIED CONDITIONS
S
WHEREAS, the City of Corpus Christi (Owner), is requesting the abandonment and
1�'I�H y
vacating of a 2.975 acre tract of undeveloped and unsurfaced# dedicated public right-of-
way (
Del Oso Road), out of Lots 6-7, Section 16, and Lots 1 -3, Section 17, of the Flour
Bluff
En inal Farm & Garden Tracts, located west of the Ennis Joslin Road public
right-of-way, and south of the South Alameda Street public right -of -way; and
WHEREAS, with ro er notice to the public, public hearing was held on Tuesday,
p p
December 11 2007, during a meeting of the City Council, in the Council Chambers, at
Hall, in the City of Corpus Christi, during which all interested persons were allowed
City � t �
to appear and be heard; and
advantageous to the City of
it has been determined that it is feasible and advan
1HEIEA�,
Corpus Christi to abandon and vacate said portion of the public right -of -way, subject to
the provisions below. (Exhibit)
NOW, THEREFORE, BE IT O RDA INED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. That 2.975 acres tract of undeveloped and unsurfaoed, dedicated public
right-of-way (Del Oso Road), out of Lots 6-7, Section 16, and Lots 1--3, Section 17, of
the Flour Bluff & En final Farm & Garden Tracts, located west of the Ennis Joslin Road
public right-of-way, and south of the South Alameda Street public right -of -way, as
recorded in Volume A, Pages 41-43 of the Map Records of Nueces County, Texas, is
abandoned and vacated, subject to the conditions specified in Section 2. below.
SECTION 2 The abandonment and vacation of the above public right - of-way is
conditioned as follows:
1) The entire -foot wide right -of -way is retained as a utility easement.
2) A vehicular turn - around 121657- square feet) dedicated and established
approximately imatei 300 feet west of the Ennis Joslin public right-of-way.
3) That t orion of the abandoned right-of-way adjacent to Oso Beach Golf Course is
retained for cart paths.
HALEG-D1R‘Shared‘GaryS‘agenda\2007\12-111ORD-abandon-vacateROW-DelOsoRoad.doc
Page2of2
That the foregoing ordinance was read for the first time and passed to its second
reading an this the
day of - ., 2007, by the following Vote:
..._ ]� .._
Henry
Garrett _ _ Priscilla G. Leal _ - --
Melody Cooper er _ _ John E. Marez
Larry
Elizondo, Sr. Nelda Martinez
Mike Hummel! mell _ Michael McCutchon
Bill Kelly - -
That the foregoing ordinance was read for the second time and passed finally on this
the
of __�_, 2007, by the following Vote:
� -.
Henry
Garrett _ - _ Priscilla G. Leal _-
Melody Cooper John E. Marez
Larry
Elizondo, Sr. Nelda Martinez
Mike Hummell Michael McCutchon
Bill Kelly
E this the day of �„_, 2007.
PASSED ADD APPROVED,
ATTEST:
Armando Chapa Henry Garrett
Cit y Secretary Secreta Mayor
APPROVED as to form: December 5, 2007
By:
G. r ' . smith
Assistant City Attorney
For City Attorney
H: \LEG -DIR\ hared1GaryS lagerldal2007'l2- 'II \OF D- abandon - aoate w -Del s0Road.doe
DEL 050 RIGHT OF WAY CLOSURE
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NO ATTACHMENT FOR THIS ITEM
29
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: December 11 # 2007
AGENDA ITEM:
Public hearing and first reading of ordinance authorizing the City of Corpus Christi to tax tangible
personal property in transit which would otherwise be exempt pursuant to Texas Tax Code, Section
11.253.
ISSUE:
Beginning January 1, 2008, goods that reside temporarily in warehouses within a city while awaiting
shipment to other locations within or outside of Texas will be exempted from ad valorem taxation.
Cities may continue to tax these goods if they choose to exclude the exemption by December 31,
2007. If the City of Corpus Christi does not take action to exclude the exemption, there may be a
potential value loss of an estimated $35,381,000. The potential revenue loss could be approximately
$200,000.
REQUIRED COUNCIL ACTION:
Hold a public hearing to enable taxpayers to express their views on the proposed exemption of
certain goods from ad valorem taxation. Additionally, approve the Ordinance to tax tangible personal
property in transit which would otherwise be exempt from ad valorem taxation.
CONCLUSION AND RECOMMENDATION:
Staff recommends that City Council approve the proposed Ordinance as submitted.
Attachments: Background Information
Copy of House Bill 621
Ordinance
Cindy D' Bri
Director of Financial Services
BACKGROUND INFORMATION
The 80th Texas Legislature recently passed House Bill 621 (HB 621) which allows for the exemption
of certain goods in transit from ad valorem taxation. Taxing units have the option under the bill to
continue to tax these goods. The bill sti
H.B. Igo. 621
1 AN ACT
2 relating to the exemption from ad valorem taxation of tangible
3 persona/. property held temporarily at a location in this state for
4 assembling, storing, manufacturing, processing, or fabricating
5 purposes.
6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7 SECTION 1. Subchapter E, Chapter 11, Tax Code, is amended by
8 adding Section 11.253 to read as follows:
9 Sec. 11. 3 . TANGIBLE PERSONAL PROPERTY IN TRANS 1T . a In
10 this sections
11 (1 _ _ "Dealer's motor {vehicle inventory_LL "dealer's
12 vessel and outboard motor inventory,!" -K aler's heavy equipment
13 inventory," and "retail manufactured houain nv= x r {' have the
14 mea . '1 a assi ned by Subchapter B, Chapter 23.
15 "Goods-in-transit" means tangible personal
16 o r ty that:
17 A is a fixed in or imported into this state to
18 be forwarded to another location in this state or outside this
19 ptatfti
20
21 which the owner of the property does _not,ave- a_direct or indirect
22 ownerahi # interest for asse blin
23 * ro essin • or fabricatin f ur oses b the ! arson who r
24 orted h o i t ;
(B) is detained at a location in this state in
storm manufacturin
1
H.B. No. 621
1 �__ M 8 transported - -to _ __location location n this
2 state ox outside this state not later than 3.75 da s after the date
3 the • erson ac . ired the • ro ! ert in or ii.orted the ! ro # ert into
4 thtte ar 1
5 (D) des not include oil natural gas, 29.troleum
6 uots a► r raf _dealer's motor vehicle inventor , dealer's
7 vessel and outboard motor inventor c ea .er' heavy_imuipment
inventory, or retail manufactured ousin• inventor
(3) "Location" means a phylical address.
14- " e ] o .sum roduct" means a 1 -- or gaseous
8
9
1
11 material that is an immediate derivative of the xefinin f oil or
12 natural ctitiL.
13 SID) __A a rs n er t fled t an __exemption from taxation of
14 the a raised value_9f that portion of the per orn's p c o erty that
15 consists of goods--in-transit.
16
17 from the marker value of. jhe usaerty determined_ under Section
3.13 23.01 or 3.12 as a • e li able to determine the taxable value of the
19 pro,erty.
20 d Exoe #t as •ro ided by ubsections f . and ,([jibe _chi
21 Apisaiser shall determine_ the appraised value_ o_f_g.L3c)cp.in-transit
22 under t h i s subsection. ' e chief appraiser shall determine the
23 reracge of the market value of tan,le peIaorka1 oro.ert owned
2 4 t h e propel owner and_ used -four the production of income in the
25 precedir a1endar near that was _contrlbu b ds -i - transit.
26 For the first year in which hse cemption applies to a taxing unit1.
27 the chief appraiser shall determine that r e ta• a as if the
c The exem ton ! rovided b Subsection ) i subtracted
2
H. B. No. 621
1 i i♦ a lied in _1/iec d q nu. The chief appraiser shall
2 aptly that_percentage to the hemarket u of the propel owner'_s
3 ►n ible _personal property used for _the _ xodu t .on of income for
4 the current ear to determine_ the appraised value of
5 ti.r tt r ►ai for the oar g .
6 .ie_) eterr it it the market value f oode�in- transit
7 that in the • r ecedin . ear were assembled stored manufactured
8 processed,__ 9r fabricated in this state __chi f a r iser_ shall
9 exclude the cost of e u ent machiner or materials that -entered
10 into and became m orient arts _ the . oods-in- transit but were
11 not themselves •nods-in-transit or that were not trans . orted to
12 another location in this state or outside this state before the
13 expiration 75 days after the date they were bou'ht into this
14 state _be oext_Eignr or, acquired by the prmxty owner in
15 this state_f_ Por component • arts held in bulk the chief a. *raiser
16 may use the►vexae length of time a com onent art was -held b the
■�II�YLI \ _
17 o r of the Qom o nentI s ��� v in pthe receding ear at a location
18 in this state that was not owned b or under the control of the owner
19 of the com onent arts in determining wheth r the componenLparts
20 were trans * orted to another location in this state or outside this
21 state before the in of 175 da s.
22 it.)_,ItrpLe_pa_.osit_______t owner was not en ► sal in _transporting.
23 goods-in-transit to another loci in this state or outside _this
24 state for the entire • ecedin ear the chief a .raiser shall
25 calculate the percentage f the market value described in
26 Subsection Idl for the portion_ the y.ear _J.n whichh h e_ prOpertY
27 er _ was engssied in trans ortin _ oode -in-- transit to another
3
H. S. No. 621
1 location in this state or outside this state.
2 If the * o # ert owner or the chief a
3 demonstrates that the method
rovided
•
raiser
Subsection (8)
4 si • nificaritl understates or overstates the market value of the
5 2rppeyIy qualified for an ekcet_mktion under Subsection (b-)-- in the
6 current ear the chief a , raiser shall determine the market value
7 of the i oods 'in-- transit to be exem t b determinin accordin t
8 _t_Lte_property owner's records and any other available information
9 the market value of those goods-in-tr_aLtisit owned b tl a property,
10 owner on January 1 -of __ the - current ear excludin • the cost of
11 equ went machir errIL - or materials that entered into and _became
12 component arts of the goods-in-transit but__ _were not _themselves
13 ds -An ansit or that were not transported to another location
14 in this state or outside this state before the ex #iration of 175
15 days ter the date h were brought _into to this state by the
16 t - owner or acquired by the property owner_ ire this state.
17 III The chief a * raiser b written notice delivered to a
- - - -- = -- -
18 # X o # e t owner who claims an a rem ' t ion under this section ma
19 ,uire the r t -owner to jacaicle ces oc ert xrda s
20 the chief appraiser can_ determine the amount anvalue of
21 * Dods -in- transit and that the location in this state where the
22
23
odds- in- transit were detained for assernblin• storin
manufa ctu rin , r ce g, c fabri at .n _ ur os s was not ownedliy
24 or under the control of the owner of the . cods- �r_rra�nsit. If_ the
25 cope owner fails to delivery the information requested in the
26 notice before the 31st da after the date the notice is delivered to
27 tie tort owner( the t�xe eis the riahto claim
4
H.B. No. 621
1 or receive the „e einption far that year.
2 (i Pro ext that meets the re • uirements of this section
3 constitutes ]. the erual who
4 owns the • ro, ert on Januar 1 is the • exaon who trans . orts the
5 _r_o another location in this state or outside this state.
6 The enin body_ of a taxing_ -unfit L- - .n _the _manner
7 re . aired for official action b the • overnin bod ma • xo,de for
8
9 not exem under other law. The official action to tax the
10 foods- n -t ransit must be taken before January 1 _of the---first tax
11 ear in which the •overnin• bod ' o oses to tax oods -in- transit.
12 B a ore actinx_tbe_exempt_p_riverty, the governing bod of the
13 taxin * unit must conduct a •ublic hearin • as re • uir ed b Section
14 1-n(d) , Article VIII, Texas Constitution._ __If the governing body of
15 a taxing unit yoke for the taxation of the goods -in-- transit as
16 i ed by this subsection, the exern, t_ .on prescribed by Subsection
3.7 „fib} does riot apply to that unit. The o s- n- transit remain
18 sub ect to taxation b the taxing unit until the _overrninc body of
19 e - axi�ns unit in_ the _manner r- equired for official _action,
20 rescinds or ceeals its�reius action to_ tax goods '-in - transit, or
23. otherwise determines that the exem tion • rescr tbed b Subsection
22
23
24
25
26
27
the taxation of • oods -in- transit exem t under Subsection b and
b_- will Apply to that_ ta3.ra. unit.
k A rip ert owner who receives the_ exem2tion from
tax ion rovided by ub sec i n_ (b)_ is not e1i i ie to receive the
exemption_ from_ - axation movided by Section 11.251 for the same
oet.-
SECTION 2. Section 26.012(15), Tax Code, is amended to read
5
H.B. No 621
1 as follows
2 (15) "Lost property levy" means the amount of taxes
3 levied in the preceding year on property value that was taxable in
4 the preceding year but is not taxable in the current year because
5 the property is exempt in the current year under a provision of this
6 code other than Section 11.251 or 11.253, the property has
7 qualified for special appraisal under Chapter 23 (01-4148-4,411441 in
8 the current year, or the property is located in territory that has
9 ceased to be a part of the unit since the preceding year.
10 SECTION 3 . section 403.302(6), Government Code, is amended
11 to read as follows
12 (d) For the purposes of this section, "taxable value" means
13 the market value of all taxable property less:
14 (1) the total dollar amount of any residence homestead
15 exemptions lawfully granted under Section 11.13(b) or (c), Tax
16 Code, in the year that is the subject of the study for each schoo].
17 district
18 (2) one -half of the total dollar amount of any
19 residence homestead exemptions granted under Section 11.13(n), Tax
20 Code, in the year that is the subject of the study for each school
21. district;
22 (3) the total dollar amount of any exemptions granted
23 before May 31, 1993, within a reinvestment zone under agreements
24 authorized by Chapter 312, Tax Code;
25 (4) subject to Subsection (e), the total dollar amount
26 of any captured appraised value of property that:
27 (A) is within a reinvestment zone created on or
6
H.B. No. 621
1 before May 31, 1999, or is proposed to be included within the
2 boundaries of a reinvestment zone as the boundaries of the zone and
3 the proposed portion of tax increment paid into the tax increment
4 fund by a school district are described in a written notification
5 provided by the municipality or the board of directors of the zone
6 to the governing bodies of the other taxing units in the manner
provided by Section 311.003 e , Tax Code, before May 31, 1999, and
8 within the boundaries of the zone as those boundaries existed on
9 September 1, 1999, including subsequent improvements to the
10 property regardless of when made;
11 (B) generates taxes paid into a tax increment
12 fund created under Chapter 311, Tax Code, under a reinvestment zone
13 financing plan approved under Section 311.11d) , Tax Code, on or
14 before September 1, 1999; and
15 (C) is eligible for tax increment financing under
16 Chapter 311, Tax Code;
17 (5) for a school district for which a deduction from
18 taxable value is made under Subdivision (4), an amount equal to the
19 taxable value required to generate revenue when taxed at the school.
20 district's current tax rate in an amount that when added to the
21 taxes of the district paid into a tax increment fund as described by
22 Subdivision ( ) 8) , is equal to the total amount of taxes the
23 district would have paid into the tax increment fund if the district
24 levied taxes at the rate the district levied in 2005;
25 the total dollar amount of any exemptions granted
26 under Section 11.251 or 11.253, Tax Code;
27 (7) the difference between the comptroller's estimate
7
B.B. No. 621
1 of the market value and the productivity value of land that
2 qualifies for apprai
H.B. No. 621
3 Code;
2 1 the portion of the appraised value of property
3 the collection of delinquent •taxes on which is deferred under
4 Section 33.065, Tax Code; and
5 (13) the amount by which the market value of a
6. residence homestead to which Section 23.23, Tax Code, applies
7 exceeds the appraised value of that property as calculated under
8 that section.
9 SECTION 4. This Act applies only to taxes imposed for a tax
10 year beginning on or after the effective date of this Act.
11 SECTION 5. This Act takes effect January 1, 2008.
9
ORDINANCE
AUTHORIZING THE CITY OF CORPUS CHRIST! TO TAX
TANGIBLE PERSONAL PROPERTY IN TRANSIT WHICH
WOULD OTHERWISE BE EXEMPT PURSUANT TO TEXAS
TAX CODE, SECTION 11.253.
WHEREAS, the 80th Texas Legislature in Regular Session has enacted House
Bill 621 to take effect on January 1, 2008, which added Tex. Tax Code §11.253 to
exempt from taxation certain tangible personal property held temporarily at a location in
this state for assembling, storing, manufacturing, processing or fabricating purposes
(goods -in- transit) which property has been subject to taxation in the past; and
WHEREAS, Tex. Tax Code §17.253(j) as amended allows the governing body of
a taxing unit, after conducting a public hearing, to provide for the continued taxation of
such goods -in- transit; and
WHEREAS, the City Council of the City of Corpus Christi, having conducted a
public hearing as required by Section 1 -n(d), Article VI!{, Texas Constitution, is of the
opinion that it is in the best interests of the city to continue to tax such goods -in- transit;
NOW THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI THAT: The goods -in- transit, as defined Tex. Tax Code
11.253(a)(2), as amended by House Bill 621, enacted by the 80th Texas Legislature in
Regular Session, shall remain subject to taxation by the City of Corpus Christi, Texas.
Dated this day of , 2007.
Henry Garrett, Mayor
Attested:
Armando Chapa, City Secretary
That the foregoing ordinance was read for the first time and passed to its second
reading on this the day of , 2007, by the following vote:
Henry �
Garrett - Priscilla G. Leal
Melody Cooper John E. Marez
Larry li and , Sr. Nelda Martinez
Mike rnmeil Michael i Cut hon
ale _ --
Bill Kelly
That the foregoing ordinance
was read for the second time and passed finally on this
the day of , 2007, by the following vote:
Henry arrett Priscilla G. Leal
�
Melody Cooper John E. Marez
Larry Elizondo, Sr. Nelda Martinez
Mike Hummell Michael McCutchon
Bill Kelly
day of , 2007.
PASSED on this
APPROVED AND
ATTEST:
Arma nd Secretary Henry Garrett, Mayor
Cha a � �
APPROVED AS TO LEGAL FORM: , 2007.
t
Benja in V. Lugg
Assistant City Attorney
for the City Attorney
Texas House Bill 621
80t" Session of the
Texas Legislature
Department of Financial Services
December 11, 2007
Purpose
❑ Review House Bilt 621 (HB 621) that was passed
during the 80t" Session of the Texas Legislature.
O Provide information on the impact of HB 621 on the
the City of Corpus Christi.
❑ Recommend City Council action based on available
options.
Background on HB 621
HB 621 was signed into law during the 80th Session of
the Texas Legislature.
LI Known as the "Super Freeport" bill, the legislation exempts
goods that reside temporarily in warehouses (goods in transit)
within a city while awaiting shipment to other locations
within or outside of Texas.
❑ This is different from the current Freeport exemption
which exempts goods in transit for shipment outside of the
State within 1 days.
❑ Exempt goods, principally inventory, may be in the location
for assembling, storing, manufacturing, processing, or
fabricating purposes and will be exempt if stored in a location
that is not owned by owner of goods for 175 days or less.
3
Background on HB 621- Continued
El Goods presently excluded from eruption include oil,
natural gas, petroleum products, aircraft, dealer's motor
vehicle inventory, dealer's vessel and outboard motor
inventory, dealer's heavy equipment inventory, and retail
manufactured housing inventory.
la Petroleum products defined as the immediate derivatives
of oil and natural gas, so some goods thought to be
petroleum products may end up being exempt from
taxation by this new law.
O Td85tate he exemption is scheduled to begin on January
8.
O The legislation allows Cities to "opt out" of the exemption
and continue to tax goods in transit within Texas.
i The Nueces County Appraisal District has provided
information to assist taxing entities in addressing this
legislation, but makes no recommendations for or against
the continued taxation of goods exempted by HB 621.
4
Impacts of HB 621
D No action taken results in potential lost value of
$35,381,000 (based on estimates from the Nueces
County Appraisal District using value associated
with the current Freeport exemption as the
beginning basis).
D Revenue loss would be effective for the FYO8O9
Budget.
O Revenue foss estimated to be approximately
$200,000 using the current ad valorem tax rate of
$0.563846 per $100 valuation.
5
Options — "Opt-Out" of Exemption
❑ HB 621 requires cities choosing to "opt out" must:
❑ Hold a public hearing; and
❑ Pass an ordinance no later than December 31,
2007 designating the continuation of the tax.
LJ The City Council can reverse this action in the future.
6
Options — Do No "Opt -Out"
❑ Take no action by December 31, 2007.
❑ This will automatically provide the tax exemption
for goods that reside temporarily in warehouses
within the city while awaiting shipment to other
locations within or outside of Texas.
O Loss of approximately $200,000 in revenue for the
FY 08 -09 City of Corpus Christi Budget.
ID If etermine to wait to impose the exemption, may
repeal or rescind tax and re- impose the exemption
in the future.
7
Recommendation
D "Opt out" of the in -state exemption on goods in transit
residing temporarily in warehouses by:
❑Conduc #ing a public hearing, and
LlApproving an ordinance to continue to tax the
goods
UBefore December 31, 2007.
8
Questions?
9
30
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: December 11 2007
AGENDA ITEM:
Resolution approving a Debt Management Policy for the City of Corpus Christi.
ISSUE:
In order to provide guidance regarding the issuance, management, continuing evaluation and
reporting on all debt obligations issued by the City, a "Debt Management Policy" has been drafted by
City staffin consultation with the City's financial advisor and bond counsel. This policy is intended to
address the methods, procedures, and practices to be utilized for issuance ofdebt to ensure effective
and judicious fiscal management of City funds.
REQUIRED COUNCIL ACTION:
Approval ofthe resolution.
BACKGROUND INFORMATION:
Intrinsic to the maintenance and growth of municipalities is the need to finance the construction or
acquisition of infrastructure and other assets. The Debt Management Policy has been designed to
apply to all long - term debt securities issued by the City for these purposes, as well as to refinance
existing debt. Since the Texas Local Goverment Code provides that each member of the City
Council has a fiduciary responsibility in the management ofthe City's indebtedness, this policy aims to
document the procedures that City staff currently performs in reference to the issuance ofdebt and
addresses additional concepts that the City may consider i
DEBT MANAGEMENT POLICY
Table of Contents
Section Title Pa ' e
1. Purpose and Objectives 1
2. Scope 2
3. Roles and Responsibilities 2
4. Selection of Service Providers
5. Use of Debt Instruments
6. Structure and Type of Debt
7. Debt Limits 10
8. Fund Balance Requirements 11
9. Methods of Sale 12
10. Refunding of Debt 15
11. Variable Rate Exposure..... 16
12. Interest Rate Swap Agreements 16
13. Continuing Disclosure 17
14. Investment of Debt Proceeds 17
15. Arbitrage 18
16. Capital Improvement Project 19
17. Public Input on Capital Improvement Needs 20
18. Definitions 21
1
CorpusChristi
WW1
City of
Corpus
Chilsti
Debt Management Policy
Section 1
PURPOSE AND OBJECTIVES
1.1 Purpose
The Director of Financial Services for the City of Corpus Christi (the "City") is charged
with the responsibility for prudently and properly managing any and all debt incurred by
the City. The following policy provides the methods, procedures, policies and practices
which, when exercised, ensure the sound fiscal management of the City's debt program.
All City offices and departments must comply with the guidelines and procedures set forth
in this policy.
The purpose of this policy is to provide guidance regarding the issuance, management,
continuing evaluation and reporting on all debt obligations issued by the City. The Corpus
Christi City Council recognizes there are no absolute rules or easy formulas that can
substitute for a thorough review of all information affecting the City's debt position. Debt
decisions should be the result of deliberative consideration of all factors involved. This
policy is intended to augment the deliberation process by addressing the methods,
procedures, and practices to be utilized to ensure effective and judicious fiscal
management of City funds.
The terms of this Debt Management Policy (the "Policy") are intended to comply with all
federal and state laws governing debt, including, but not limned to, Texas law, Internal
Revenue Service rules and regulations, United States Securities and Exchange
Commission (SEC) regulations, Municipal Securities Rulemaking Board (MSRB)
regulations, court rulings, and existing City debt covenants and City of Corpus Christi
Charter provisions.
1.2 Objectives
Debt Management shall be conducted with the primary objectives of:
* Maintaining or enhancing the City's existing credit rating for all categories of short
and long -term debt, consistent with the financial policies and bond covenant approved
by the City Council;
1
* Maintaining access to capital;
• Minimizing borrowing costs; and
* Maximizing financial flexibility.
Section
SCOPE
2.1 This Policy shall govern debt obligations issued by the City that finance the construction
or acquisition of infrastructure and other assets or to refinance existing debt. The City
may also desire to issue debt obligations on behalf of external agencies, non - profit
corporations, or other authorities for the purpose of construction or acquisition of
infrastructure or other assets that further the goads and objectives of City government. In
that case, the City shall take reasonable steps to confirm the financial feasibility of the
project and the financing solvency of any necessary borrower; and shall take all reasonable
precautions to ensure the public purpose and financial viability of such transactions.
2.2 This policy applies to all short -term and long -term debt securities issued by the City. This
may include general obligation bonds, certificates of obligation, revenue bonds,
commercial paper, long -term capital leases, certificates of participation, equipment notes,
private placements, and letters of credit.
Section 3
ROLES AND RESPONSIBILITIES
3.1 All debt programs will be made in accordance with applicable federal and state
regulations. The City Council will approve the issuance of all City bond indebtedness.
3.2 The Director of Financial Services has the pri
3.4 The Director of Financial Services, or the designee thereof, will provide no less often than
annually to the City Council:
a. An annual debt issuance schedule for capital projects (included in the operating
budget);
b. An updated ten -year capital improvement plan (included in the capital budget);
c. Certification that the City is current on all debt service payments;
d. Disclosure of any payment defaults since the prior report was made to the City
Council; and
e. Disclosure of any other bond covenant violations or defaults since the prior report
was made to the City Council of which the Director of Financial Services has
actual knowledge.
3.5 The Capital Budget Officer, or the designee thereof, will facilitate implementation and
oversee the Capital Improvement Plan for City offices and departments pursuant to
Section 16 of this policy.
3.6 The Director of Financial Services, or the designee thereof, wi
recommendations for alternative financial structures; development of timing and sale of
new issues; recommending whether the sale of the new issues be through a competitive bid
sale, negotiated sale, or private placement; coordinating the market pricing of debt
securities; issuing and disseminating the bond offering document and other disclosure
requirements; coordinating with the underwriters of the bond issuance if the bonds are
sold through a negotiated sale; seeking and obtaining ratings from the three major bond
rating agencies; and providing guidance and advice about debt - related topics, as needed.
Due to the complex nature of the City's debt portfolio, it is important for the City to
maintain continuity with a financi
4.4 Underwriters
In a negotiated sale (see Section - Methods of Sale), the Director of Financial Services,
after review with the Assistant City Manager for Administrative Services, the City
Manager, and the Financial Advisor makes recommendations about which underwriting
firms to include in the underwriting syndicate. The City issues Requests for Qualification
(RFQ)approximately every three years to obtain an approved list of underwriters which is
broken -out by sections: national scope, banking institutions, regional scope, and
"historically underutilized business" ("HUB") status. A diverse group of securities firms
will be chosen based on past performance, demonstrated ability to resell, prior municipal
issuance experience, and other factors including, without li
The City distributes the Comprehensi
The City pledges its "full faith and credit" and levies an ad valorem tax to repay the
debt, consistent with State law and the City's Charter. In order to issue general
obligation bonds, the eligible voters of the City must authorize the amount to be
issued through a popular referendum held for such purpose. The general
obligation bonds are sold for a term no greater than the useful life of the project
that is being funded through the issuance of the general obligation bonds.
b. Certificates f Obligation -
Under State law, the City has the opportunity to issue certificates of obligation.
Although voter approval is not required, additional notification and public hearing
requirements may apply, to the extent so provided by applicable State law.
Certificates of obligation may be secured by a combination of ad valorem taxes and
revenues from a source that the City is authorized by State law to encumber for a
public purpose, e.g., solid waste.
Certificates of obligation are often issued to finance projects in cases where user
fees charged for the use of the projects financed are pledged to repay the
certificates of obligation. Examples include: Solid Waste, Marina, Hotel
Occupancy Tax, etc.
Certificates of obligation are available for governments when the improvements
being sought are necessary for the health, safety and welfare of the government's
citizens, in circumstances where cost overruns on a general obligation bond -
financed capital improvement may have occurred, or where financial opportunities
unexpectedly arise to leverage funds from other entities and reduce the City's
capital cost for a community improvement. Also, certificates of obligation may be
issued where the timing of the construction of a capital improvement and the
expense of calling a bond election for a single proposition would, in the opinion of
City staff and with the approval of the City Council, warrant the issuance of
certificates of obligation to finance the capital improvement.
c. Revenue Bonds -
Revenue bonds are secured by a specific source of revenue. There is no tax
pledge. Revenue bonds are issued to pay for improvements that benefit the users
that repay the debt through user fees. The City issues revenue bonds primarily for
the City's Airport and Utility Systems.
Typically, the City is required to fund a reserve fund that has on deposit an amount
no less than the average annual debt service requirements on outstanding revenue
bonds, as a contingency in the event revenues that are collected for services
provided are not sufficient to satisfy debt service requirements. Another method
to provide for such reserves is the use of a credit facility (such as a surety bond) in
lieu of cash or eligible investments in the amount of the average annual debt
7
service requirements on the outstanding revenue bonds. The costs of both
methods are evaluated prior to a revenue bond issue. The City fully complies with
debt service and reserve funding requirements set forth in any and all bond
covenants.
When revenue bonds are issued or are outstanding, coverage requirements
consistent with the bond covenant will be maintained, typically at a level no less
than 1.25 times the average annual debt service requirements on the outstanding
revenue bonds. The City maintains that it will collect rates and charges at all tunes
that are necessary to produce gross revenues and other pledged revenue in each
fiscal year equal to the greater of either:
• Amounts sufficient to pay all current operating expenses plus amounts
sufficient to produce net revenue for each fiscal year at least equal to 1.25
times the average annual principal and interest requirements on all revenue
bonds outstanding; or
• Amounts sufficient to pay the sum of all current operating expenses, the
average annual principal and interest requirements on the outstanding
priority bonds; required deposits to the reserve fund for revenue bonds, and
amounts required to pay any other obligations reasonably anticipated to be
paid from gross revenues during the fiscal year.
One operating ratio that is utilized is for the days' operating coverage to generally
be 90 days — meaning that maintaining revenue sufficient to cover 90 days of
operating expenses is targeted. Although this ratio is not mandated by the City's
bond covenants, it is one that is utilized by the City's management.
The City may also issue bonds and other obligations that are secured by revenues
generated within a designated geographic area of the City, such as a tax increment
reinvestment zone or a public improvement district. Covenants pertai
e. , efunin Bond —
The Director of Financial Services, working with the City's financial advisor, will
consider refinancing outstanding debt issues, as more fully discussed in Section 10
of this Policy.
f. Commercial Paper —
The City has established a commercial paper program to provide interim (short-
term) financing authority to fund improvements to the City's Utility System. The
commercial paper notes are structured as bond antici
6.5 Fixed Interest versus Variable Interest
The City primarily issues fixed rate bonds to protect the City against interest rate risk.
The City has the option to issue variable rate bonds and may, if market conditions warrant,
consi
$1,50 per $ 100 valuation (unless City Charter provides less). For purposes of issuing
bonds, the State allowables are computed based on 90 % collections. On April 3, 1993,
the citizens of Corpus Christi voted to amend the City Charter which contained a tax
limitation of $0.68 per $100 of assessed valuation for all purposes including debt service
to allow for the tax rate to increase up to the State limit for voter approved debt after
April 4, 1993.
The City evaluates new debt issuance as it relates to the current debt level. The amount of
debt retired each year is compared to the amount of debt to be issued any given year, and
an analysis is performed to determine the City's ability to assume and support additional
debt service payments. When appropriate, the issuance of self- supporting revenue bonds
and self - supporting certificates of obligation bonds are also considered.
7.2 The City may choose to issue short - -terra debt (maturities one- -year or less) that pay a fixed
rate of interest or that pay a rate of interest that varies, both consistent with Federal and
State laws and applicable bond covenants of pre-existing bonds.
7.2.1 The City wi
provisions of the Internal Revenue Code of 1 986, as amended, which limits the amount of
reserve funds that may secure the payment of debt service on bonds.
Section 9
METHODS OF SALE
9.1 The City may use competitive sales, negotiated sales, or private placements. When
considering the method of sale, the City will take into consideration:
a. Financial conditions;
b. Market conditions;
c. Transaction-specific conditions;
d. City- related conditions; and
e. Risks associated with each method.
9.2 Competitive sales are the preferred method under the following circumstances:
a. A general obligation pledge or annual appropriation of general revenue;
b. Simple structure and financial analysis;
c. Stable financial market; and
d. Moderate par amount.
9.2.1 A competitive sale is when bonds are awarded in a sealed bid sale to an underwriter
or syndi
9.2.2.3 Allowable Discounts/Premiums - In most cases, the City requires bidders
to purchase bonds at a price of no less than par. When there are no
prevailing limitations, a discount premium may be permitted when market
conditions i
syndicate. Each co- manager is responsible for buying these bonds even if
they do not obtain orders for them. If another member of the syndicate
has more orders than they can fill, the member may fill orders for
syndicate members that have not obtained sufficient orders.
9.3.2.3 Management Fee - The management fee to compensate the underwriters
for providing assistance in structuring of the transaction, review of
documents, coordination of the working group, efforts to obtain credit
enhancement, and other tasks. The management fee is typically allocated
in the same allocation as the retention allocation.
9.4 Private placement is the preferred method under the following circumstances:
a. Small issue size;
b. Questionable security for the issue; and
c. Overall cost savings to the City.
A private placement is a sale of debt securities to a limited number of sophisticated
investors. The City may engage a placement agent to identify likely investors. A private
placement is beneficial when the issue size is small or when the security of the bonds is
weak since the private placement permits issuers to sell more risky securities at a higher
Meld to investors that are familiar with the credit risk.
9.5 The City considers the following criteria when determining the appropriate method of sale
for any debt issuance:
a. Complexity of the Issue — Municipal securities with complex security features require
greater marketing and buyer education efforts on the part of the underwriter, to
improve the investors' willingness to purchase.
b. Volatility of Bond Yields — If municipal markets are subject to abrupt changes in
interest rates, there may be a need to have some flexibility in the timing of the sale to
take advantage of positive market changes or to delay a sale in the face of negative
market changes.
c. Familiarity of Underwriters with the City's Credit Quality — If underwriters are familiar
with the City's credit quality, a lower TIC may be achieved. Awareness of the credit
quality of the City has a direct impact on the TIC an underwriter will bid on an issue.
Therefore, where additional information in the form of presale marketing benefits the
interest rate, a negotiated sale may be recommended. The City strives to maintain an
excellent bond rating. As a result, the Municipal Bond Market is generally familiar
with the City's credit quality.
14
d. Size of the Issue - The City may choose to offer sizable issues as negotiated so that
pre - marketing and buyer education efforts may be done to more effectively promote
the bond sale.
Section 10
REFUNDING OF DEBT
10.1 The City may elect to refund existing debt for reasons including, but not limited to, the
following:
a. To achieve Net Present Value (NPV) savings;
b. To update bond covenants on outstanding debt that impai
present value savings. Other factors may also affect the City's decision to advance
refund an issue.
Section 11
VARIABLE RATE EXPOSURE
11.1 The City may use variable rate debt (including commercial paper) to lower the cost of
borrowing and provide a hedge against interest rate risk.
11.2 The City's target is not to exceed 30 percent of its total outstanding debt in a variable rate
mode.
11.3 Variable rate debt should be converted to fixed rate debt as necessary to maintain the 30
percent target, to meet the particular needs of a financing program, or to lock in low long
term fixed interest rates.
11.4 When issuing variable rate debt, the City will have appropriate contingency plans in place,
such as reserves or hedging instruments, to mitigate the risk associated with rising interest
rate environments.
Section 12
INTEREST RATE SWAP AGREEMENTS
12.1 The City may consider the use of interest rate swap agreements on a case -by -base basis
and consistent with Texas law and financial prudence.
12.2 Interest rate swap agreements may be used for the following purposes:
a. To achieve significant savings as compared to other, non - derivative type
products available in the bond market;
b. To prudently hedge risk in the context of a particular financing or the overall
asset /liability management of the City;
c. To incur variable rate exposure within prudent financial guidelines;
d. To achieve more flexibility in meeting overall financial objectives than available
in conventional markets; or
e. To accomplish a financial objective not otherwise obtainable using traditional
financing methods.
12.3 The City will not enter into an interest rate swap agreement without advice of an
independent advisor and bond counsel.
12.4 The City may enter into an interest rate swap agreement if the counterparty has at least
two long -tern unsecured credit ratings of at least equal to the City's long term general
16
obligation rating from Fitch Ratings, Moody's Investors Service or Standard & Poor's
Ratings Services, and the party has demonstrated experience in successfully executing
•
interest rate swap agreements.
12.5 The City will select counterparties utilizing one of the Methods of Sale as outlined in
Section 9 of this policy.
12.6 Before entering into an interest rate swap agreement, the City shall evaluate all the risks
i
14 .3 The City maintains in its Investment Policy document approved by the City Council the
strategy and policies for investing all available monies (which included bond proceeds).
Interest on bond proceeds is restricted such that it may only be used to fund projects that
have the same purpose as the purpose for which the bonds were originally i
Section 16
CAPITAL IMPROVEMENT PROGRAM
16.1 In order to ensure sufficient cash flow is available to meet capital improvement
project cash requirements, an annual debt issuance schedule is required. The
Capital Improvement Planning Guide (the "Guide") will provide the basis for the
annual debt issuance schedule.
16.2 The underlying asset that is being financed should have as long a useful life as the maturity
schedule of the debt issued for the financing of the asset. Since issuing debt costs more to
the entity than purchasing assets outright, the use of financing will be carefully evaluated
to ensure that the benefits, tangible and/or intangible derived from financing exceed the
related financing costs.
16.3 On-going Capital Needs --- "Pay as You Go ":
16.3.1 Capital projects are generally defined as costs to construct an asset or system
improvement that exceed $5,000 and have a useful life of at least the term of
financing but no less than one year.
16.3.2 The City Council's goals and policies focus on infrastructure improvements. The
City strives to maintain capital assets and infrastructure at a sufficient level to
protect the City's investment to minimize replacement and maintenance costs,
and to maintain service levels.
16.3.3 An annual review of the (1) need for capital improvements and equipment, (2)
current status of the City's infrastructure, replacement and renovation needs,
and potential new projects, is implemented during the capital budget process.
All projects, ongoing and proposed, are prioritized by City staff which includes a
representative from Financial Services, the Office of Management and Budget,
Engineering Services, and each department which has or may have capital
improvement project requests. For every capital project, all operating and
maintenance costs/estimated incremental revenues would be included in the
proposal, as well as a start date, requested total budget, the capital amount
expected to be expended each year, and proposed sources of funding. City staff
would then match eligible requests with available sources of funding.
16.3.4 Decisions are made on prioritization of proposed projects using criteria such as:
• Agreed orders (Federal/State),
• Voter - approved bonds,
• Completion of existing projects already approved by the City Council,
• New projects recommended by the committee noted above, and
19
Emergency requests.
16.3.5 Capital improvements may be funded using current revenues (property tax,
dedicated tax, enterprise user fees, etc.), grant funds, contributions (such as
developer contributions) and the issuance of debt,
16.3.6 Upon completion of the Guide, City staff` will present it to the City Council for
approval by ordinance. Once approved, a total dollar amount of capital
improvement projects would then be identified, and any additions to the Guide
for that particular year would warrant a change to the ordinance to either identify
additional funding for that particular project or to identify the reduction of
another project in the Guide.
Section 17
PUBLIC INPUT ON CAPITAL IMPROVEMENT NEEDS
17.1 Citizen Input-
17.1.1 Citizen Input Form — In order to obtain input from the citizens on projects to be
included i
Section 18
DEFINITIONS
18.1 Definitions:
a. Amortization Risk — The cost to the issuer of servicing debt or honoring swap
payments due to mismatch between bonds and the notional amount of the swap
outstanding.
b. Arbitrage — The investment of proceeds from tax- exempt debt i
n. Credit Risk -- The risk that an issuer of debt securities or a borrower may default on its
obligations, or that the payment may not be made on a negotiable instrument i.e., the
occurrence of an event modi
y, Negotiated Sales — A sale whereby the issuer selects an underwriter in advance so that
the underwriter can assist with determining the appropriate structure of the bonds.
z. Notional Principal Amount — In an interest rate swap, the predetermined dollar
principal on which the exchanged interest payments are based
aa. Private Placement — A sale whereby the issuer sells the bonds directly to an
institutional investor.
bb. Reasonable Retainage An amount, not to exceed five percent of available
construction proceeds, that is retained for reasonable business purposes relating to the
property financed with the proceeds of the issue. For example, a reasonable retainage
may include a retention to ensure or promote compliance with a construction contract
in circumstances in which the retained amount is not yet payable, or in which the issuer
reasonably determines that a dispute exists regarding completion or payment.
cc. Refunding Bonds — A bond issued to retire a bond already outstandi
are marked up, they "bum down" the yield, which may violate federal tax rules and
diminishes tax revenues.
A RESOLUTION
APPROVING A DEBT MANAGEMENT POLICY FOR THE CITY OF
CORPUS CHRISTI.
BE IT RESOLVED ED Y THE CITY COUNCIL of THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That a Debt Management Policy for the City of Corpus Christi is hereby
approved. A true copy of the Debt Management Policy is attached as Exhibit A and
incorporated herein.
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: December 11, 2007
Ard
Benjamin V. Lugg
Assistant City Attorney
for the City Attorney
Henry Garrett
Mayor
Assistant City Attorney
for the City Attorney
Corpus Christi, Texas
, 2007
The above resolution was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike H u mmell
Bill Kelly
Patricia G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
City of Corpus Christi
Debt Management Policy
December 11, 2007
Debt Management Policy
Purpose —
Provide guidance regarding the
issuance, management, continuing
evaluation, and reporting on all debt
obligations issued by the City. The
terms are intended to comply with all
federal and state laws governing debt.
1
Debt Management Policy
Objectives • Maintain or enhance existing credit rating
for all categories of ST and LT debt
• Maintain access to capital
• Minimize borrowing costs
• Maximize financial flexibility
Debt Management Policy
Responsibility -
Financial Services has the responsibility
for making debt-financing
recommendations to the City Council
and has the responsibility for the
appropriate management of the
City's debt program.
2
Debt Instruments
Policy outlines various types of debt the City can
issue including:
— General obligation bonds
— Certificates of obligation
— Revenue bonds
— State revolving loan funds
— Refunding bonds
— Commercial paper
— Tax anticipation notes
— Capital lease financing and equipment notes
Debt Limits
The City Charter contains a tax limitation of
$0.68 per $100 of assessed value. In 1993,
the citizens of Corpus Christi voted to amend
the charter to increase the tax rate limit up to
the State limit of $1.50 per $100 of assessed
value for voter approved debt. The total
State limit is $2.50 per $100 assessed value.
3
Coverage Requirements
•For revenue bonds, 1.25 times the average
annual debt service requirements on the
outstanding revenue bonds.
■Operating Ratio — Days' operating coverage
of 90 days of operating expenses.
Fund Balance Requirement
The City strives to maintain a debt service
fund balance of at least 2% of the annual
debt service requirement for the fiscal year
1
Methods of Sale
City takes into consideration financial
conditions, market conditions, transaction-
specific conditions, City - related conditions,
and risks in selecting a method of sale.
• Competitive Sale
• Negotiated Sale
■ Private Placement
Debt Financing Tools
• Refunding of debt
• Capitalization on variable rate exposure
• Interest rate swap agreements
5
Other Topics Included
• Continuing disclosure requirement
• Inves #ment of debt proceeds
• Arbitrage
• Capital improvement program
• De #initions
Questions?
6
31
CITY COUNCIL
AGENDA MEMORANDUM
December 11, 2007
AGENDA ITEM: Ordinance approving the FY 2008 Capital Budget and Capital
Improvement Planning Guide in the amount of $'t27,275,900.
ISSUE: The City Charter requires the City Council to act on the Capital Budget as part
of the Comprehensive Plan,
BACKGROUND: A public hearing and approval of the Proposed FY 2008 Capital
Budget and Capital Improvement Planning Guide was made by the Planning
Commission on November 14, 2007.
A Council public hearing was held on the Proposed FY 2008 Capital Budget and Capital
Improvement ent Planning Guide on November 20, 2007 in the amount of $127,425900.
Subsequent to the Council public hearing, it was determined that the South Guth Park
Relocation project (located in the Parks and Recreati
ORDINANCE
APPROVING THE FY 2008 CAPITAL BUDGET AND CAPITAL
IMPROVEMENT PLANNING GUIDE IN THE AMOUNT OF
$127,275,900.
BE IT ORDAINED Y THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That the FY 2008 Capital Budget and Capital Improvement
Planning Guide in the amount of $127,275,900 is hereby approved. A copy of
the FY 2008 Capital Budget is on file in the Office of the City Secretary.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
That the foregoing ordinance was read for the first time and passed to its second reading
on this the _ day of - , 2007, by the following vote:
Henry Garrett Priscilla G. Leal _ --
Melody Cooper John E. Marez
Larry Elizondo, Sr. Nelda Martinez
Mike Hummell Michael McCutchon
Bill Kelly
That the foregoing ordinance was read for the second time and passed finally on this the
day of �..., 2007, by the following vote:
Henry Garrett Priscilla G. Leal
Melody Cooper John E. Marez
Larry Elizondo, Sr. -- Nelda Martinez
Mike Hummel! Michael McCutchon
Bill Kelly
APPROVED AND PASSED on this day of , 2007.
ATTEST:
Armando Chapa, City Secretary
Henry Garrett, Mayor
APPROVED AS TO LEGAL FORM: - - 2007.
Ben,j• in V. Lugg
Assistant City Attorney
for the City Attorney
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Page 1 of 14
AN ORDINANCE
AMENDING THE CITY OF CORPUS CHRISTI PLATTING ORDINANCE BY
REPEALING SECTION IV. G. "PARKS AND PLAYGROUNDS," S," AND
ADOPTING A NEW SECTION IV. G. "PUBLIC OPEN SPACE," TO
PROVIDE FOR THE DEDICATION OF PARKAND PUBLIC LIC OPEN SPACE
ON THE PLATTING OF PROPERTY, THE CREATION OF A COMMUNITY
ENRICHMENT ENT F NI AND PAYMENTS THERETO, PAYMENT OF FEES IN
LIEU OF LAND DEDICATION, PAYMENT OF A PARK DEVELOPMENT
FEE, PROVIDING FOR PARK DEVELOPMENT IMPROVEMENTS,
PROVIDING FOR DEDICATION OF LAND OR PAYMENT OF FEES AFTER
FILING OF THE PLAT FOR THE PROPERTY AND UPON THE REPLAT
OF PROPERTY, AND PROVIDING ING FOR REVIEW OF DEDICATION
REQUIREMENTS; PROVIDING FOR SEVERANCE; PROVIDING A
REPEALER CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING
FOR PUBLICATION; AND PROVIDING ING FOR AN EFFECTIVE DATE.
WHEREAS, the Unified Development Code Parks focus group has reviewed the
proposed provisions of the Unified Development Code relating to parks and public open
spaces and has recommended revisions to the relevant provisions of the Platting
Ordinance;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
October 3, 2007, during a meeting of the Planning Commission, and on Tuesday,
November ber 13, 2007, during a meeting of the City Council, in the Council Chambers, at
City Hall, in the City of Corpus Christi, during which all interested persons were allowed
to appear and be heard; and
WHEREAS, the City Council has determined that this ordinance would best serve
public health, necessity, and convenience and the general welfare of the City of Corpus
Christi and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. The Platting Ordinance, Section IV "Design Standards," subsection G.
"Parks and Playgrounds" is hereby repealed.
"SECTION IV. DESIGN STANDARDS
-
Z
CADOCUME-1 1 Ienda 1L L -11T mp\ rd -PIa Ling Ord- -Open Spaces-Council.doc
-pFovide-for the
Page 2 of
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Park Trust Fund;
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standacds—outliFted— In the Parkland Dedication
pot onies -in- lieu-of land, the fees
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thereof, for
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CADOCUME-1\GIendaGILOCALS-1\Ternp‘Ord-Platting Ord—Open Spaces—Councii.doc
Page 3 of 14
e rat - 4a41-t rmin t . rdin n No. 24338,
0146/014
i<
z
is-- for — ,authorized - --park
e ces o f the—v 1u - of-the approved improvements
e
r- i rc the-- c divid r if the
of-the 5ubdiyi *ion; For purposes Asif-this section
# i
ad}asept - - -to -the—dedicated park area and upon
uffelec41:iis--section-of—the ordinance shall include the
•
AS A
-the basis of all
and in the preliminary plat as
CADOCUME-1 \ Ienda ILO L -1\Te plord- Platting Ord-Open Spaces-Council.doc
pecm+#ted-under 1 (c) herein.
Page 4 of 14
nonresidential church uses;
IV:-- one - family residential subdivisions
- f ive ( - acFes, or larger,
n at+s ie to - -- rk- - -rte r r ts, of the
must-be satisfied upon the subdivision of the
ii
i
oIr-- the- like's such- as -golf courses,
other bodies of water; or
e
r y-Cor s of Engineers for the discharge
e
responsibility-of-the subdivider:
di
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approved by the City Council.
CADOCUIVIE-1‘GlenclaGILOCALS-1‘Temp\Ord-Platting Ord—Open Spaces—Council.doc
Page 5 of 14
peFm-it--shall—be—issued for residential
SIG'^ and - -- o - residential
ineopperateekby-refeFeRce Agreements related to
September-30, 4970 and January 5, 1968, other
ii
A► f fi i # e
w
f- that agreement, except that the
i
Georela ee with-this section; that the park
s
•w e
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CADOCUME-1‘GlendaGIOCALS-1 \T r pl rd- Plattin Ord —Open Spaces—Council.doc
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CADOCUME-1\GlendaG\LOCALS-1kTernp\Ord-Platting Ord-Open Spacres-Council.doc
Page 7 of
(OFdi
SECTION 2. The Platting Ordinance, Section IV "Design Standards," subsection O. is
adopted and shall read as follows:
"SECTION I. DESIGN STANDARDS
* * *
111. G. PUBLIC OPEN SPACE
IV. O. 1. Purl se
iv. G. 1. a The •ur•ose of this Section is to •rovide recreational areas in the
form of s blic •arks as a function of the subdivision of land for
residential uses and _site deyeloprrment ire the. City
Ill. G. 1. b Public • arks are those • ublic o • en s • aces • rovidin • for a varlet of
outdoor recreational o
# •
ortunities and located within convenient
distances from a mairlt of the residences to be served. The
•
rima
cost of
•
ublic
•
arks should be borne b the ultimate
residential
1
ro
•
ert
owners who b reason of the
•
roximi
of their
•
ro
•
e to such
•
arks shall be the
•
rima beneficiaries of such
facilities.
Iv. G. 2. A. .Ii a ili
iY.Q. 2. a) Public park dedications shall apply to both land and develo • rent
costs for su h arl s for residential subdivisions of an housin •
type.
111. G. 3. Exem 'ins
ly. G. 3. a) The following shall be excluded from the re• uirernents of this Section:
Land develo sad for nonresidential uses'
(2) F e lats without vacation of exis ing platted areas or amamending
• Iats which have . reviousl satisfied the re uirements of this
Section;
LPIats of single -famil residential subdivisions containin lots of
five acres or I r• er • rovided a note is • laced on the • lat
indicating that the area encompassed within the plat has not
satisfied the requirements of this Section and that such
CADOCUME-1\GlendaG\LOCALS-1\Temp\Ord-Platting Ord—Open Spaces—Council.doc
Page 8 of 14
re • uirements shall be satisfied u on the subdivision of the
ro • ert or develo • anent of the
single- family dwelling: or
.(4) Wetlands that vvould re, wire a •ermit from the U. S. Arm
•rp Engtitprs for the discharge of fill or dredge
material.
ro • e for other than one
Those wetlands shall not be acce •ted as satisfaction of
the re uirerr ents of phis Section.
(b) Determination of those wetlands shall be made b a
representative of the U. S. Arm Cor•s of En ineers
or certified wetlands delineator* and shall be the
responsibility of the applicant.
ly. G. 3. b) Should it be desired to make residential use of the land listed in
• ara • ra h a above no buildin • • ermit shall be issued for
residential construction and no residential construction shall
commence until the owner satisfies the re
Section.
u
rements of this
IV. G. 3. c) Pro •e •re iousl owned b Padre Island Investment Corporation
PIIC as covered b the Water A•reement authorized b
QrdinanceNo. 10169 of Se •termer 17 971, which incor• orated
by reference Agreements related to the rovision of water to PIIC
• ro • e dated Se •tennber 30 1970 and Jariva 5 1 968 other
than Ca
e Summer Unit 1
Ca •e Summer Unit 11 and
Commodore's Cove Unit II subdivisions is exempt from the
parkland_ dedication • rovisions of this Section as having satisfied
the • revisions of that a • reement exce • t that the area contained in
Cape summer Unit 1, Case Summer Unit 11 and Commodore's
Cove Unit 11 subdivisions shall not be exem it from •arkland
dedication • rovided that the • ark dedication shall be in accordance
with this section The— ark dedication re•uireanent for Ca •e
Summer Unit 1 Ca •e Summer Unit II and Commodore's Cove Unit
II shall remain atotal of 45.95 acres for the three units- and that not
more than 50 •ercent credit ma be • iven u • on the dedication of
not more than 50 acres of habitat area comprised of uplands and
flats contained in the Commodore's Cove Unit 11 area.
Iv. G. 4 Communi Enrichment Fund
IV. G. 4 . a There is hereb established a s•ecial fund for the de osit of all sums
•aid in lieu of land dedication in accordance with this Section or
any preceding regulations. The fund shall be known as the
{Community Enrichrn nt Fund". _�.�
c: \DO UME -11 1enda \LO AL -1\Temp\Ord- Platting Ord-Open Spaces-- Council.doo
Page 9 of 14
111. G. . b The Ci shall account for all sums .aid in lieu of land dedication
under this Section with reference to the individual
Tats involved
An
funds
aid for such
ur•oses shall be ex •ended b the Cit
within seven
ears from the date received b
the Cit
for
acquisition or development of a public park. Such funds shall be
considered to be pent on a first in, first out basis. If not so
e ended,- the owners of the property - n _the last day of such
• eriod shall be entitled to a . ro rata refund of such sum com uted
on a square foot • e of area basis. The owners of such • ro •art
shall re • uest such refund within 12 months • rior to the last da of
the seven ears of entitlement, in writing or such entitlement shall
be terminated.
111. G. 5 Land Dedication
Ill. G. 5. a Whenever a final • l t is filed of record within the Cit 's urisdiction
(city limits ET. for deyelo mprit of a r sidenti i suipdivision such
plat shall contain a clear fee sim s le dedication of an area of land
within the subdivision to the city for park purposes.
Iv. G. 5. b) For subdivisions where all lots are for single - family hoysing types,
the dedication requirement shall be determined b the ratio of
one acre for each 100 proposed dwelling units. (Example: 1
dwelling unit (du = 0.01 acres- 25 du's = 0.25 acres' 75 du's =
0.75 acres; 200 du = 2 acres.)
Iv. G. 5. c For subdivisions where all lots are for multifamil housing t Des the
dedication requirement ent shall be determined b the ratio of one
acre for each 200 ro •osed dwellin • units. Exam le: 1
dwelling unit du = 0.005 acres. 25 du's = 0.125 acres. 75 du's =
C,j-es; Soo d u ; L5_acres.)
N. G. 5. d For su i divs.ions with both sin, I_e_ -f m ly and multifamily housing types,
the appropriate dedication re • uirement in Section IV. G. 5. b and
Section IV. G. 5. c) shall apply.
IV. G. 5. e) prelirr ,nary prat shall show the area proposed to be dedicated
under this Section. The required land dedication of this subsection
ma be met b a •a ment of mone in lieu of land when •ermitted
or reguird_ by the other provisions, f t,is Section.
Iv. G. 5. f) In the event that •arkland dedication is required, however a
preliminary or final • lat is not re, uired this dedication shall be met
rior to the issuance of a building permit.
Iv. G. 5. • The area of the •ark to be dedicated shall be measured and
calculated to the centerline of an street boundin • said • ark within
the subdivision.
C :1D CU E -1\ 1enda 1L ALS 1 Temp\ rd- Platting Ord—Open Spaces -- oun il.do
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111. G. Fee in Lieu of Land
tv . G. 6. a The City_may require a fee in lieu of land dedication. Before making
this decision the Ci shall obtain a recommendation for the cash
payment in I land from the Parks and Recreation Advisory
Committee. Such •a rent in lieu of land shall be made at or •rior
to the time of filin
the fina
lat or
rior to the issuance of a
building permit where a plat is not required.
11. G. . b The fee in lieu of land dedication re•uirement shall be met b a
. payment proportional to the amount of land required to be
dedicated and using the fair market value of the land at the time of
construction start. The value shall be determined b a valid closing
statement dated within the last twelve months or a
gig eelpr and tine City_
Ill. G. 6. c Should the Cit acce•tthe fee in lieu of land the fees shall be •laced
in the City's Corny unit Enrichment Fund and shall be used for the
acquisition or improvement of parks most likely to serve the
residents of the subdivision. The • ark most likel to serve a
subdivision shall in no case be located more than one and one -half
miles from the subdivision takin • into consideration factors such
as the proximity _ of major barriers to accessibility, including
freeways, navigable streams and bodies of water.
Iv. G. 6. d) Community Enrichment Fund monies shall be used onl for •arkland
ac • u sition and • ark develo • ment includin s utilit extensions
required to serve recreational areas.
reed u • on b
Iv. G. 7 Park Development Fee
Iv. G. 7. a In addition to the land dedication or fee in lieu set forth in Sections IV.
G. 5 and IV. G. 6 above there shall also be a Park Develo.ment Fee
f per dwelling unit. The fee shall be reviewed by City Council
only once every two pars and may_be revised as necessary by an
ordinance of the City Council. Any increases to the fee should be
sufficient to provide for development of the land to meet the
standards for ablicark to serve the subdivision.
Iv. G. 7. b The fee shall be collected • rior to recordation of the final • lat. When a
nonresidential subdivision is develo•ed later as sin le famil
multifamily, assisted living or nursing home development, the fee will
be collected • rior to issuance of the buildin • •ermit.
111. G. 7. c) Cash pa ments ma be used onl for develo • ment of a • ublic
recreational area that will serve the subdivision consistent with the
Parks, Recreation and Open. Space Master Plan.
C:1D UME 11 Ienda 1L ALS -11T rnpl rd- Plating Ord—Open Spaces --Coon il.doc
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Iv G. 8 Park Develo ' ment ins • rovements
Iv. G. 8. a An applicant may pro • o e to construct the • ublic park im • rovements
in lieu of the park velo • ment fee described in Section IV.G.6 or
IV.G.7 above. Before the City can approve the applicant's proposal,
recommendation is re • uired from the Parks and Recreation Adviso
Committee. All im rovements shall either be fin nciall
uaranteed or
accepted b the Cit • rior to the filing of a final plat in the case of
platted developments or • rior to issuance of certificates of occu • ancv
in the event that • lat a • • royal is not re • uired. The • roess of financial
• uarantee shall be the same as that found in Section V.A.3 and shall
be used whether a • lat a • • roval is re • uired or not. Once
improvements are accepted by the City the applicant shall deed the
property and improvements to the City.
Iv. G. 9 Additional Dedication
Iv. G. 9. a The dedication re • u fired b this Section shall be made b filin • of the
final plat or concurrently by se • arate instrument unless additional
dedication is re • uired subse • uent to the filin • of the final • lat. If the
actual number of com•Ieted dwellin• units exceeds the fi•ure u son
which the original dedication was based additional dedication shall
be re • uired and shall be made b the subdivider b •a ment of the
cash in lieu of land amount provided above, or by the conveyance of
additional land required the City.
Iv. G. 9. I _ For residential development where parkIand_was neither reyio. sly.
dedicated nor payment was made with the filing of a p lat, the
additional dedication or •a ment in lieu of land re•uired b this
Section shall be _made at the time of the building permit application.
Iv. G. 10. Prior Dedication
Iv. G. 10. a Credit shall be • iven for land or mone dedicated in accordance with
this Section.
Iv. G. 10. b) If a dedication requirement arose •rior to the effective date of this
Ordinance that dedication re • uirement shall be controlled b the
• u bl is o • en s • ace dedication re • u irements in effect at the time such
obligation arose, except that additional dedication shall be required if
the actual densi of structures constructed u•on the •ro•ert is
renter than the former assumed densi
Additional dedication shall
be required only for the increase in densi and shall be based u •on
the ratio set forth in Section IV.G.5 of this section. Pro•erties within
the Renewal Commun
boundaries that have not
reviousl
satisfied
public open siace dedication re•uirements •reviousl a •arc
dedication re • uirement will be re aired to •a fift •ercent 50% of
the arl_dedication fee.
CADOCUME-1\GlendaGIOCALS-1Viernp\Ord-Platting Ord—Open Spaces - Council doc
Page 12 of
Iv. G. 11. Additional Requirements
Iv. G. 11:a) Any land dedicated to the City under this Section shall be suitable for
park and recreation uses as determined by the City.
III. G.11. Detention or retention areas may be accepted in addition to the
required dedication. If accepted as part of the park, the detention or
retention area desi • n shall be as recommended b the Parks and
Recreation
De .arment and shall meet all
ark
re•uirements
consistent with the Parks Recreation and Open Space Master Plan.
Iv. G. 11. Parks should be easy to access and ow to public view so as to
benefit area development, enhance the visual character of the City,
• rotect • ublic safe and minimize conflict with ad lacent land uses.
The followin
uidelines should be used in desi•nin
arks and
adjacent development.
i'L. 11. d) Where physically feasible, park sites should be located
ad-acent to . reenwa s or schools in order to encou ra • e both
shared facilities and the potentialco-development of new sites.
iY.:Q. 11. e) A proposed subdivision adjacent to a park shall not be
deli ned to restrict reasonable access to the • ark from other
area subdivisions. street and greenways connections to
existing or future adjoining subdivisions may be required to
provide reasonable access to parks.
Il.G.11. e
Streets abuttin • a • ublic • ark shall be built in accordance with
the Corpus Christi Urban Transportation Plan and the
standards of this Ordinance. however the Ci ma re • wire an
local access street built adjacent to a park to be constructed to
collector width shall only be required at park frontage to ensure
access and • regent traffic con . estion. The a • • Iicant ma
request oversize participation in such instance.
I. G. 12. Review of Dedication Requirements
Ill. G. 12. a) The City Council shall review the fees set forth in this Section only
once every two years. The City Council shall takeinto account
inflation as it affects land and . ark deelo • vent costs as well as
the City's targeted level of service for parkland per 1,000
population.
1V. G. 13. Submittal Requirements
ly. Q. 13. a) The City shall have the option of requiring information relating to the
proposed dedication site(s) and improvements in order to assess that
the • rovisions of the ordinance are achieved."
C \D UME-1\ Ienda \LOCALS- 11Terx pl rd- Platting Ord—Open Spaces• --- oun l doc
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SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance shall be held invalid or unconstitutional by final
judgment of a court of competent jurisdiction, it shall not affect any other section,
paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the
definite intent of this City Council that every section, paragraph, subdivision, clause,
phrase, word or provision hereof be given full force and effect for its purpose.
SECTION 4. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 5. A violation of this ordinance or requirements implemented under this
ordinance constitutes an offense punishable under Section 1-6 of the City Code of
Ordinances.
SECTION 6. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
SECTION 7. This ordinance shall take effect upon and after publication of this
ordinance.
CADOCUME-1\GlendaMLOCALS-1\Ternp\Ord-Platting Ord—Open Spaces — oun iL.doc
Page 14 of 14
That the foregoing ordi anoe wa rea• for the first time and passed to its second
reading on this the Muday of L . , 2007 by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel'
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
That the foregoing ordinance was read for the second time and passed finally on this
the day of , 2007, by the following vote:
Henry Garrett Priscilla G. Leal
Melody lody Coo per John E. Marez
Larry Elizondo, Sr. Nelda Martinez
Mike Hummel' Michael McCutchon
hon
Bill Kelly
PASSED AND APPROVED this the day of , 2007.
ATTEST: CITY OF CORPUS S CHRISTI
Armando Chapa, City Secretary
Approved: November 7, 2007
By:
Gary W. Smith
Assistant City Attorney
For City Attorney
Henry Garrett, Mayor
C:1DOCU ME -1\ GI enda lL ALS— I \Te rnpl rd- Platting Ord—Open Space s — ounell.doo
33
AGENDA MEMORANDUM
Subject: Public Access Channel Rules and Procedures Violation Appeal
Agenda Item: Consideration of an appeal by Rolando Garza regarding the Corpus
Christi Cable Communications Commission's September 15, 2007, decision regarding
public access program.
Background:
Public access programs are broadcast on local cable channels pursuant to State and
local franchises with the cable companies. City ordinance has established rules and
procedures for public access programs. These are referred to as the Rules and
Procedures for Public Access Cablecasting, found in Code of Ordinances, Chapter 55,
Article XVlfl of City Code of Ordinances, copy attached.
If a complaint is received that a particular program is in violation of the Rules and
Procedures for Public Access Cablecasting, then per Section 6 of the Rules and
Procedures, a written notice of the complaint is sent to the producer, and the producer
is instructed to appear at one of the next two regularly scheduled meetings of the Cable
Communications Commission to review the complaint with the producer. If the
Commission finds no grounds for the complaint, it is dismissed. If the Commission finds
grounds for the complaint, then it is counted as one violation. If there are three (3)
violations within six month period, the program is removed for 60 days. If a producer
does not appear at one of the two Commission meetings, the ordinance provides that
the program is removed for 60 days.
In this case, on July 20, 2007, the City received a complaint that Mc. Garza's July 16,
2007, program did not contain program identification, as required by City ordinance.
Public access programs must contain program identification within the first thirty
seconds of the program. Program identification includes producer name, title of
program and the program date. The program identification must appear at least ten
seconds in the audio or video at the first thirty seconds of each program.
On August 2, 2007, a letter was sent to Mr. Garza requesting his or a representative's
es
appearance at one of the next two Commission meetings (August 13 or September 17)
to discuss the violation and to keep his program on the air. Mr. Garza also received a
telephone call informing him of these meetings.
Mr. Garza did not attend the August 13, 2007 meeting. . A remi
Copies of the complaint letter, Letters to producer, letter of appeal, and Rules and
Procedures, and minutes of the Cable Commission meeting are attached. The
requirement for program identification is found on page 1, Section 1, of the Rules and
Procedures. The definition of "program identification" is found on page 4, Section 4, of
the Rules and Procedures. The procedure regarding violation of rules is found on
pages 6 and 7, Section 6 of the Rules and Procedures.
Annie Leal
Lisa Aguilar
Interim Director of E-Govemment Services Assistant City Attorney
City of
■►� Corpus
Chnsfi
Legal Department
Memorandum
TO: Mayor and City Councilmembers
FROM: Lisa Aguilar, Assistant City Attorney e.pv).4,
DATE: October 26, 2007
SUBJ: Materials related to appeal by Rolando Garza, agenda item 16.
Attached please find copies of the following documents:
Rules and Procedures for Public access Cablecasting Pages 1
Complaint Ietter Pages 8 -10
Letters to Mr. Garza regarding Commission meeting dates Pages 11 13
Letter to Mr. Garza regarding program removal Page 14
Memo and Letter regarding appeal Pages 15- 17
Minutes of Cable Communications Commission meeting Pages 18 — 19.
RULES AND PROCEDURES FOR PUBLIC ACCESS CABLECASTrN r
Channel space on public access channels i
RULES AND PROCEDURES FOR PUBLIC ACCESS CA CASTING
c. As new technology changes and formats become more conventional in the
consumer markets, formats may be changed to reflect current market use. The decisi
RULES AND PROCEDURES FOR PUBLIC ACCESS CA. L CAST NG
Communications Commission to their respective access users group board of directors.
The PAUG Board of Directors will provide copies of applications to the Cable Operators
and to the Cable Communications Commission no later than two weeks after the time slot
lottery is conducted.
Access channel (10 or 1 (Note: An individual producer must select one channel for
cablecasting of both first -run and repeat showings. Programs cannot be run on both
channels,)
Lotteries and schedules: There are two lottery periods. The spring lottery period begins
the first Sunday in June through the day preceding the first Sunday in December. The fall
lottery period begins the first Sunday in December through the day preceding the first
Sunday in June.
Producers will attend the time slot lottery as noted in a. and b. below. Two Cable
Communications Commissioners will attend each lottery. Lotteries will be conducted as
follows:
a. The spring lottery is conducted in the last seven days of April with the new time
slots actually beginning on the first Sunday in June. The PAUG Board of Di
RULES AND PROCEDURES FOR PUBLIC ACCESS CABLECASTING
Section 4 Defined terms.
Accepted Media -- A recorded program on accepted media produced by a p ublic access
producer and submitted for cablecasting on public access channels. The term "accepted
media" refers to 1/2" VHS (SP Speed), Super VHS tapes, DV D's, video CDs Consumer
DV's, and other formats which may be utilized in the future.
Cable Communications Commission -- The Cable Communications Commission consists
of five residents of the city appointed by the City Council, The Cable Communications
Commission administers the process for complaints regarding the Rules and Procedures
for Public Access Cablecasting. The Cable Communications Commission mediates any
disputes brought to it by the PAUG.
Commercial programming -- Any programming which is cablecast for remuneration of
any kind, whether directly or indirectly, or programming which includes, in whole or in
part, content whether audio, video or text intended, directly or indirectly to promote any
service, or product; or includes commercial advertising of any kind; or contains lottery or
sweepstakes information. The Cable Communications Commission has established
guidelines concerning the advertisement of commercial products or services in an access
program.
Complaints -- Communication to the Cable Communications Commission regarding
violation of Rules and Procedures for Public Access Cablecasting. Complaints may y be
submitted to the Commission i
RULES AND PROCEDURES P PUBLIC ACCESS CA L CAS 1 ING
video at the beginning of each program, within the first 30 seconds. A tag at the end
of the program is optional.
Public access channel (sometimes herein "channel' -- This is the cable television
channel or channels on which public access programs are cablecast, currently Channels
lo and 18.
Public access time allocated schedule -- The block of time slots allocated to each public
access channel that are available and are allocated by lottery during the semi- annual time
slot renewal period. The block of time will be determined by each PAUL by calculating
the number of producers and programming hours for all shows including repeats. The
intent is to develop a block of time slots that provide for consecuti
RULES AND PROCEDURES FOR PUBLIC ACCESS CABLECASTING
Violation of rules.
Producers must follow all Rules and Procedures for Public Access Cablecasting.
If a producer and series has been removed for violations, that producer and series may not
air as an occasional user during the removal period.
A producer may appeal decisions of the Cable Communications Commission to the City
Council by submitting a sworn notice of appeal to the City Secretary wi
RULES AND PROCEDURES FOR PUBLIC ACCESS CABLECASUNG
If a series producer fails to supply media on time for a weekly or monthly program, that
program and series will not be ai
MEMORANDUM
TO: Aerie Leal, Call Center Manager
FROM: Armando Chapa, City Secretary
DATE: July 20, 2007
SUBJECT: Letter from Jack Gordy
CITY OF CORPUS CHRISTI
CITY S'AY'S OFFICE
Attached is a copy of a letter filed by Mr. Jack Gordy on July 0, 2007 to e forwarded to the Cable
Communications Commission.
Armando Chapa
City Secretary
Attachment
cc: Lisa Aguilar, Assistant City Attorney
5
Public Access Compliant Form
Date: J 19 200
Your Name: JacjGordy_
Your Address:
Your Entail:
Your Phone Number:
Type of Violation:
�. Producer Complaint
_Commercial Program (advertising)
. C�fltflbUtiOfl Request
• Copyright
._.�; Criminal Act
. Obscenity or Indecent Material
X .Program Identificatjon ate attached l
Not Locally Produced
. Failure to turn in recordings
▪ Labeling of recordings
Corpus Christi, Texas 78413
Title of Public Access Program; Cjv1jgsow Qews&pubIjc rho
Name of Producer: Rolando Garza
Address: P.O. Box 4632 CopusChristjTexa 78469
Channel 10
Broadcast Date and Time: Ju1J612OO7Monday 7:OO&OOp.M. and
iiily 18.20Q7 Wednesday 7:00 -8:00 P.M._
Signature:
Jack Gordy
Corpus Christi,Texas 78413
July 19, 2007
City of Corpus Christi
Office of the City Secretary
Attention: Cable Communications Commission
P.O. Box 9277
Corpus Christi, Texas 78469 -9277
The program, Civil rights Show P.A.0 10 News & Public Information, that was
aired on Channel 10 on Monday, July 16, 2U07 and Wednesday, July 18, 2007 did
not have the complete proms identification at the beginning of the program as
required by Section 1 of the Rules and Procedures for Public Access Cablecasting
The Producer's name was not seen or hear at the beginning of the program as
required. The Rules and Procedures for Public Access Cablecasting reads as
follows: The tag must appear for at feast ten {10} seconds, in the audio or video at
the beginning of each program. Or within 30 seconds after the progra starts.
i
Jack Gordy
CC: Office of E- Government Services
For the Cable Communications Cominission
to
=OW MIMI
innme
City of
Corpus
Christi
- GOVERNMENT
SERVICES
Po Box 4277
Corpus Christi
Texas 746•277
Phone . 61. 26.4CC90
Fax 361-826-4551
www. Cte L''. (wn,
sag
11111'
August 2, 2007
Roland Garza
Gird Rights Show PAC 10 ews & Public Info
PO Box 4632
Corpus Christi, Texas 78469
Dear Mr. Garza:
On July 20, 2007, the Cable Communications Commission received
regarding your show, 'Givil Rights Show. PAC 10 News .
violation Public �f for the Section 1
� in Rules and Procedures ores for Public Amass
• The program which received the
complaint t was broadcasted on July � Zoo , from pm.
in order to keep your show on the air, you or
next two - � must attend one, of the
Cable Communications Common meetings. The dates are August 13, 2007,
at 12 pin or September 17, 200 7, at 6 m. Please
pm. ng a copy of your tape.
Failure to attend one of the meetings above w# .
quit i fore�►e o�€ �b�r access
channel use for sixty (60) days.
Please call 826-4090 if there are any questions concerning this matter.
Sincerely,
Vuo(19
onn Gutierrez, Chairperson
fable Communications Commission
cc: die Communications Commission, Chairperson
Gutierrez
Lisa Aguilar, Assistant City Aftomey
E-Government Services
1
1
August 21, 2007
=mow mon
Elmer =pm Roland Garza
rsorgw....Civil Rights Show PAC 10 News & Public Info
PO Box 4632
city of Corpus Christi, Texas 78469
Corpus Dear Mr. Garza:
Christi On July 20, 2007, the Cable Communications Commission received a complaint
regarding your show, °Civil Rights Show PAC 10 News & Public Info* for the Section 1
violation of program identification in the Rules and Procedures for Public Access
Cablecasting. The program which received the complaint was broadcasted on July 16,
- � 2007, from 7 -8 pm.
SERVICES
P) Box C277
Corpus Christi
Texas 78469-9277
Phone 61.82(- 0
Fax 361.x26.4551
www.CLiCkas.cfmll
REMINDER: In order to keep your show on the air, you or a representative must attend
the next Cable Communications Commission meeting, The date of the next meeting is
September 17, 2007, at m. Please bring a copy of your tape.
Failure to attend one of the meetings above will result in forfeiture of public access
channel use for sixty days.
Please call 826 -4090 if there are any questions concerning this matter.
Sincerely,
ItWittOrUA'
..,(?\)1/4/ Connie Gutierrez, Chairperson
Cable Communications Commission
cc: Cable Communications Commission, Chairperson
Connie Gutierrez
Lisa Aguilar, Assistant City Attorney
E -Government Services
August 21, 2007
� � Roland Garza
Civil Righs32howpAC 10 Npws � Public Info
C qty of Corpus Christi, Texas 7469 COITUS Dear Mr. Garza:
Christi
E.80VERNMENT
SERVICES
PO Box 9277
CoipUN Christi
Texas 784694277
Phone 361-826-4090
Fax :16i -826-455i
On July 20, 2007, the Cable Communications Commission received �� your "Civil ce vd complaint
g ivil Rights Show PAC 10 News & Public Info* for
violation of program Identification the Section 1
i in the Rules and Procedures for Public Access The program which received the complaint oss
2007, from -�8 pm.
was broadcasted on July � ,
REMINDER: In order to keep your show on the air, you or a representative
the next Cable
Communications Commission rneettng, The date of
September '1 2007, at next meeting is
pm. Please bring a copy of your tape.
Failure to attend one of the meetings above will result in forfeiture of public access
channel use for sixty Mays,
Please call 826 -4090 if there are any questions concerning this
matter.
Sincerely,
kl1/4.)1,Lik
-Niff Connie Gutierrez, Chairperson
Cable Communications Commission
cc: Cable Communications Commission, Chairperson
rnnnie Gutierrez
f
Lisa Aguilar, Assistant City Attorney
G ve rn nt Services
13
r mm.
urn, min
Ci
Corpus
Christi
&GOVERNMENT
SERVICES
PO Box 9277
Corpus Christi
Texas 784694277
Phone 361 -826-4090
Fax 36.H26451
September 18, 2007
Roland Garza
Civil Rights Show PAC 10 News & Public Info
Corpus Christi, Texas 78415
Dear Mr. Garza:
On July 20, 2007, the Cable Communications Commission received a complaint
regarding your show, Civil Rights Show PAC 10 News & Public Info" for the Section 1
violation of program Identification in the Rules and Procedures for Public Access
Cablecastlru . The program which received the complaint was broadcasted on July 16,
2007, from 7-8 pm.
You were notified in writing and on the telephone that you or a representative for
your
program were required to appear at either the August 13, 2007 or September � 2007,
Cable Communications
Commission to review the Section 1 violation cow taint to
prevent the removal of your program.
"Section 6, item — Violations of Section 1: If producer, or representative fails
to attend a Commission meeting i h n two scheduled meetings, the producer
and the series will be removed for sixty (60) days.
You failed to attend either of the meetings above, so your program will be
removed from broadcast for the next sixty (60) days.
Per Article VI Section 2 of the City Charter, you may appeal the decision of the Cable
Communications Commission to the City Council by filing a sworn notice of appeal with
the City Secretary rendition �
ary within thirty days from the rendition of the decision of the
Commission.
Please call 826-4090 if there are any questions concerning g this matter.
Sincerely,
kAD
‘Ni Connie Gutierrez, Chairperson
Cable Communications Commission
c : Cable Communications Commission, Chairperson
Connie Gutierrez
P. A. C. 10 Board of Directors
Jack Gordy, President
Lisa Aguilar, Assistant City ► ttorney
E-Government Services
14-
MEMORANDUM
Annie Leal, Acting Director of E-Gov Services
FROM: Armando C a a, City Secretary
SUBJECT: Appeal - Cable Communications Commission
DATE. October 1, 2007
Attached is a letter filed in my office on October 1, 2007 by Rolando Garza
requesting a hearing before the City Council on an appeal of the decision of the
Cable Communications Commission.
The City Charter states that the appeal must be filed within thirty days from the
rendition of the decision of the board. The decision of the Cable Communications
Commission was issued on September 17, 2007.
Please let me know when this appeal will be scheduled on the Council agenda so
that we can inform Mr. Garza.
Attachment
City Secretary
c: George K. Noe, City Manager
Oscar Martinez, Assistant City Manager
Mary Kay Fischer, City Attorney
Rolando Garza
(S
October I, 2007
City of Corpus Christi
Attn: Armando Chapa, City Secretary
1201 Leopard Street
Corpus Christi, Texas 78401
'Date Pil1; I�, ...
•
n an o apa
* ; Secreta7
Rolando Garza, Producer
Corpus Christi, Texas 78415
Re: Notice of Appeal to City Council
Dear Mr. Chapa,
1 z 34as
to
301
"IECornEVEcE
Al* :
...ten
avAt
This letter is to officially give notice of my appeal before the City Council in regards to
the Civil Rights PAC 10 Public Information Show.
On, or about, September 18, 2007, the City of Corpus Christi Cable Commission made a
decision to uphold a violation of my show because on, or about, July 16, 2007 it was
alleged by the Public Access Users Group (PAUG) that I failed to properly identify
myself at the opening of nay show, as outlined in the rules and procedures set forth by the
City of Corpus Christi.
Furthermore, 1 failed to appear to refute the violation before the Cable Commission as
notified, due to my daily schedule. In early September, 1 inquired to the Cable
Commissions Chairperson Connie Gutierrez if it were absolutely necessary for me to
appear personally, and we further agreed to a dismissal of the violation due to its
insignificance.
Nonetheless, i invoke my right as a producer to appeal the aforementioned alleged
violation before the City Council, and request to be notified in writing as to the day and
n
time 1 a required to appear. ? I*11122, 1 also demand that the City Council ensure
that all rights to the Civil Rights PAC 10 Public Information Show be preserved,
maintained and protected under the law to include any and all copyrighted infiingements,
FCC and tampering of telecommunications material (video programmed cassettes) by all
parties within the chain of custody of protected materials..
Should you have any questions, please feel free to contact me at
Stow* 4.,:let.A. ‘6.44,.r A-0 v..
Izo.‘ cit 1.4v- \ 1-0 61
,o,
ARM NDO CHAPA
Notary Public
STATE OF TEXAS
My Comm. Exp. 02- 21.2009
l�
MINUTES
CABLE COMMUNICATIONS COMMISSION
September 17, 2007
PRESENT
Steve West, Carolyn Moon, Joan Veith
?SENT
Chairperson Connie Gutierrez, Vice Chairperson Dr. Bruce Stratton
City Staff
Lisa Aguilar, Assistant City Attorney, Holly Houghton, - Government Services
Steve West called the meeting to order at 6 :00 p.m. and verified the necessary quorum. The minutes from
August 13, 2007 meeting were reviewed. Joan Veith motioned to approve the minutes and Carolyn Moon
seconded the motion. All Commissioners approved.
1. REVIEW AND POSSIBLE ACTION REGARDING VIOLATION T APPEALS — Gayle
Owens, producer of "Glad Tidings Assembly of God ", discussed that she reviewed the program
in question and certain information was missing. She stated it was a simple mistake on their part.
Joan Veith motioned to grant the appeal. Carolyn Moon seconded. All Commissioners approved.
Eldridge Sneed, stated he made a mistake and did not get authorization from C -SPAN to
broadcast the program. Steve West motioned to table the item to the next meeting to allow Mr.
Sneed to get permission from C -SPAN. Joan Veith seconded. All Commissioners approved.
Holly Houghton informed the Commission that Roland Garza, producer of "Civil Rights Show
PAC 10 & Public Info" failed to attend the August and September commission meetings, so he
would receive notification that his program will be off the air for sixty days. Also, Ms.
Houghton stated that Josh DeLeon, producer of "The Green Shadows Variety Dour" and
Reverend Ed Jump, producer of "Teaching Greek" failed to attend the August and September
meetings, so they will be notified by a letter stating they forfeit their timeslots for the remainder
of the lottery 'period for failure to supply tapes for two consecutive months. Mr. Garza, Mr.
DeLeon and Reverend Jump have the opportunity to appeal the decisions to the City Council
within 30 days -of this meeting.
2. REVIEW AN» POSSIBLE ACTION REGARDING CABLE OPERATOR COMPLAINTS
Jack Gordy explained that he spoke with Time Warner regarding Latrice Seller program,
"Community Outreach ", and they mistakenly aired the program from the week before. Mr. Gordy
also explained; that Mark DiCarlo's complaint had been resolved by Time Warner and this was
explained during the August commission meeting.
3. REVIEW AND POSSIBLE ACTION REGARDING MEDIA DELIVERY LOGS — All
programs met the criteria of turning in tapes for Channel 10 and Channel 18.
4. REVIEW AND POSSIBLE ACTION REGARDING THE USE OF BLACICSPACE ON
TIME WARNER — Jack Gordy stated he spoke with Vicki Triplett, Time Warner Cable, to air
programs during the biackspace time when public access shows are not broadcast. Mr. Gordy said
Ms. Triplett stated they could get something aired, but would need a letter from the Commission
giving Time Warner the authority to broadcast programs other than public access. Carolyn Moon
motioned to table the item to allow for all Commissioners and the cable operator to be present for
the discussion. Joan Veith seconded the motion. All Commissioners approved.
1S?
5. CABLE OPERATOR REPORT — Vicki Triplett, Time Warner Cable, was absent.
6. STAFF UPDATES — none
7. PA G UPDATES -- Jack Gordy, Channel 10 PAUG, gave the Commissioners a copy of their
meeting agenda on October 29. Mr. Gordy also stated that he has a copy of a DVD that was
submitted to Time Warner, which displays incorrect labeling. William Lumry, Channel 18 Vice
President, stated that Jesse Nesmith makes sure that all DVDs are labeled properly, even if he has
to properly label the DVDs himself.
8. PUBLIC COMME T -- none
9. COMMISSIONERS COMME TS — Carolyn Moon stated she thinks we need to bring that a
DVD player needs to be purchased. Steve West agreed. Holly Houghton stated she would have an
agenda item at the next meeting for discussion.
10. ADJOURNMENT RNME T — Steve West motioned to adjourn. Carolyn Moon seconded the motion. All
Commissioners approved. The meeting adjourned at 6 :45 p.m.
34
CITYCOUNCIL
AGENDA MEMORANDUM
City Council Action Date: December 11, 2007
AGENDA ITEM:
A. Resolution approving a performance based agreement between the Corpus Christi
Business and Job Development Corporation (4A Board) and Turner Industries
Group, L.L.C., granting $1,850,000 in business incentives for the capital investment
of $'10,000,000 and the creation of 185 full- time jobs.
B. Resolution authorizing the City Manager or his designee to execute a project
agreement with the Corpus Christi Business and Job Development Corporation
regarding implementation and administration of the agreement to grant business
incentives to Turner Industries Group, L.L.C., for a capital investment of
$10,000,000 and the creation of 185 full- time jobs.
ISSUE: To assist in the attraction of long -term investment and the establishment of new
jobs in Corpus Christi to enhance the City's economic base.
PREVIOUS IOUS COUNCIL ACTION: None
CONCLUSION AND RECOMMENDATION: DATION: Staff recommends approval to grant business
Incentives to Turner Industries, LLC in the amount of $1,850,000 for a capital investment of
$1o,000,000 and the creation of 185 full- time jobs.
•ti,(,&.st-66...,,
Irma Caballero
Director of Economic Development
BACKGROUND INFORMATION
Turner Industries Group, L.L.C., is a privately- owned industrial contractor servicing the
refining, petrochemical, power and offshore industries. The company has been under the
same ownership since 1961; sales in 2006 were $1.27 billion. Clients in the Corpus Christi
area include CITGO, Elementis Chromium, Valero Refining, Air Liquide, Flint Hills
Resources, Kiewit Offshore Services and Gulf Marine Fabricators.
Turner Industries is a leader in construction and maintenance of industrial plants and a
leader in the fabrication of piping systems for the industrial sector. The addition of a
60,000 s.f. fabrication shop in Corpus Christi will complement the addition of 60,000 s.f. in
Pasadena, TX. Together these additions will add to the company's existing 650,000 s.f. of
fabrication facilities which is vitally needed to meet the demand brought about by the
unprecedented industry growth. In addition to the fabrication shop, Turner Industries will
assemble equipment modules for shipment to clients via truck or the ports in Corpus
Christi.
The project, through two phases, will involve the improvement of property located on a 49
acre tract owned by Turner Industries Group, L.L.C., bounded by Clark good Road,
Leopard Street and 1-37. The facility will be a 60,000 square foot pipe fabrication shop
and a 10,000 square foot administration office. The administrative office will be used for
general administration and recruiting /hiring of employees. Training will be provided to
employees to enhance their skills, increase their earning potential and improve
productivity. Construction and maintenance services provided to clients at their primary
industry sites i.e. refineries, plants and offshore fabrication yards) will be managed from
the Corpus Christi administrative office.
The overall project is envisioned in two phases. Phase! is underway and will provide 100
new jobs with a capital investment of $6,600,000. Phase 11 will double the size of the
Corpus Christi fabrication facility from 30,000 s.f. to 60,000 s.f with a capital investment of
$3,400,000. Upon completion of Phase 1185 additional jobs will be created for a total of
185 new jobs at an average annual salary of $49,000 and the retention of 7 existing jobs at
an average annual salary of $43,886.
Completion of construction of facilities with full- time operations is expected to occur by
December 31, 2010. The 4A funds of $1 ,850,000 (Phase f and Phase 1I ) will be paid over
a -year period corresponding to hiring based on an incentive of $10,000 per new job.
aurnmary oof Reports and Monitoring Requirer e`
Turner Industries Group, L.L.C., agrees to fully and timely comply with the following
provisions throughout the term of the agreement:
• Provide a yearly report certifying the status of compliance of new jobs created, new
investments and any other relevant information
• Allow the Corporation (4A Board) and its designee, Corpus Christi Regional
Economic Development Corporation, reasonable access to TIG's construction site
to allow for verification of construction progress.
• Allow the Corporation (4A Board) and its designee, Corpus Christi Regional
Economic Development Corporation, reasonable access to TIG's employment
records and books to verify employment.
• By January 31 of each year of the agreement, agree to provide the Corporation (4A
Board) with a sworn certificate by its corporate officer in charge of personnel
certifying the number of full -time permanent employees at its facilities as of
December 31 of the previous calendar year; the number of full-time pemianent jobs
created during the previous calendar year, with hourly wage; and, the cumulative
salary and wage information for all employees at the Corpus Christi facility during
the previous calendar year.
Summary of Emplument Requirements
Turner Industries Group, L.L.C., agrees to fully and timely comply with the following
provisions throughout the term of the agreement:
• 50 full- time employment positions at an average annual salary of $46,886 by
December 31, 2008
• 75 additional full - time employment positions at an average annual salary of$49 00
by December 31, 2009
• 25 additional full - time employment positions at an average annual salary of $51 326
by December 31, 2010
• 20 additional full -time employment positions at an average annual salary of $53,379
by December 31, 2011
• 15 additional full -time employment positions at an average annual salary of 514
by December 31, 2012
Page 1 of 2
A RESOLUTION
APPROVING A PERFORMANCE BASED AGREEMENT
BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB
DEVELOPMENT CORPORATION (4A BOARD) AND TURNER
INDUSTRIES GROUP, L.L.C. GRANTING $9,850,000 IN
BUSINESS INCENTIVES FOR THE CAPITAL INVESTMENT OF
$90,000,000 AND THE CREATION AND RETENTION OF 185
FULL -TIME JOBS
WHEREAS, S, there is a need for an agreement between the Corpus Christi
Business and Job Development Corporation and Turner Industries Group, L.L.C.
to grant $185OOOO in business incentives to Turner Industries Group, L.L.C.,
(TIG) for the capital investment of $10,000,000 and the creation and retention of
185 full -time jobs in Corpus Christi.
NOW, THEREFORE, E, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1, That the performance based agreement between the Corpus Christi
Business and Job Development Corporation (4A Board) and TIG, which is
attached hereto, is approved.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED as to form: December 6, 2007
4,,,,,
Lisa Aguilar
Assistant City Attorney
For the City Attorney
Henry Garrett
Mayor
I-L :lLE - DIR\Sharedl ary lagendal2OO7 1 2-1 l‘Res-TIG Incentives (LA).doc
Page 2 of
Corpus Christi, Texas
of , 2007
The above resolution was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike HummelI
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael M C t hon
H:ILE -DIF \ har dl ry lag nda1200 11 -11I es -TI Incentives (LA).doc
AGREEMENT TO GRANT BUSINESS INCENTIVES To
TURNER INDUSTRIES GROUP, LLC
FOR THE CREATION OF JOBS
This Agreement to Grant Business Incentives for the Creation of Jobs "Agreement" is
entered into by and between the Corpus Christi Business and Job Development Corporation
("Corporation'), a Texas corporation organized under .A.C.S. Art. 51 o. , Sec. 4A, with
mailing address of 1201 Leopard Street, Corpus Christi, Texas, 78401, and Turner Industries
Group, LLC, ("TIC"), a limited liability company, authorized to do business in Texas, with
principal place of business at 8687 United Plaza Boulevard, Baton Rouge, Louisiana 70809,
and a local place of business at 2301 North Port Avenue, Corpus Christi, Texas 78401.
1. BACKGROUND
1.1 Purpose of Agreement. Corporation is a tax-supported non - profit corporation, whose
primary income is from sales tax collected within the City of Corpus Christi and dedicated
exclusively to economic development. This sales tax supporting Corporation is authorized as
a local option under Texas Revised Civil Statutes, Art. 5190.6, Sec. 4A. Corporation exists
for the primary purpose of developing, stabilizing, diversifying, and expanding the Corpus
Christi economy through the retention, expansion, and recruitment of employment
opportunities in order to benefit the citizens of Corpus Christi and the surrounding areas.
1.2. Project. The project and performance requirement to be implemented by means of this
agreement are generally described as follows:
The construction of a new administrative office building, fabrication facility, lay - down yards,
and materials storage area, with necessary equipment and furnishings, by Turner Industries
Group, LLC, to be constructed on property owned by TIG at the corner of Interstate Highway
37 and Clark wood Road, in Corpus Christi, Nueces es County, Texas, 78409, ("Facility"), for
total TIG capital investment of at least Ten Million Dollars ($10,000,000 ); the creation and
continuous employment of a minimum of one hundred eighty -five (1 85) full - time employment
positions upon attainment of full employment levels over the five -year period with an average
annual salary of at least Forty -nine Thousand Dollars ($49,000) each over the five -year
period; and the continuing operation of an administrative office building, fabrication facility,
lay -down yards, and material storage areas in Corpus Christi for the fabrication facility, all in
accordance with the schedules contained herein. [Hereinafter, any references to average
annual salary shall mean average annual wage or salary as reflected by total W -2
compensation]. The performance requirements shall be continuously maintained during the
entire term of this agreement.
NOW, THEREFORE, in consideration of the premises and of the mutual covenants,
warranties, and agreements of the parties, it is agreed as follows:
II. ECONOMIC BENEFITS AND INCENTIVES AND PERFORMANCE REQUIREMENTS
2.1 BY THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION!
.1 M y_Grant: Corporation will convey by grant to T1G a total of One
Million Eight Hundred Fifty Thousand Dollars ($1,850,000.00) in five (5) increments, as
set forth in Schedule A, subject to the performance requirements of TIG and the
Page 1 of 17
conditions precedent as set forth in Schedules A, B, and C and that TIG has timely
and fully complied with all applicable terms and conditions contained in this
agreement. All Corporation payments are subject to the TIG's successful completion
of all of performance requirements outlined in this Agreement.
Failure by Corporation to timely and fully comply with any performance requirement
shall be an act of default by Corporation giving TIG, as its sole remedy, the right to the
contracted amount to be conveyed and further being limited to the terms and
conditions contained in Article VII, paragraph 7.1, hereof.
SCHEDULE A
TIG's CONDITIONS
PRECEDENT AND
PERFORMANCE
REQUIREMENTS
c uiisition /construction of an
administrative office building,
fabrication facility, lay -down
yard, and materials storage
area for the fabrication of
pipe products for the
petrochemical industry at a
total capital investment of at
least $6,600,000, beginning
and maintaining full -time
production with the
equipment, and either the
creation and continued
staffing of a minimum of fifty
(50) full - time employment
positions with an average
annual salary of $46,886 per
position or a cumulative
annual payroll at the facility of
$2,844,300.
TiG's TIME of
PERFORMANCE
Proof of
acquisition /construction of
manufacturing facility; Proof
of capital investment of at
least $6,600,000 prior to
December 31, 2008; Proof o
beginning and maintaining
full -time production with
equipment at Facility on or
before December 31, 2008;
Proof of either creation and
continued staffing of a
minimum of 50 full -time
employment positions each
with an average annual
salary of $46,886 each or a
cumulative annual payroll at
the facility of $2344,300 on
or before December 31,
2008.
Continued construction of an
administrative office building,
1 fabrication facility, lay- down
yard, and material storage
area for the fabrication of
pipe products for the
petrochemical industry at a
total capital investment of at
i Bast $3,400,000, maintaining
full -time production with
equipment; and either the
Proof of capital investment of
at least $3,400,000 prior to
December 31, 2009, with
completion of construction of
the facility before December
81, 2009; either creation and
continued staffing of a
minimum of 75 full -time
employment positions and
continued staffing of a
minimum of 50 full -time
Economic Development Performance Agreement--TIG
Page 2 of 17
CORPORAT1ON's
PERFORMANCE
REQUIREMENTS
$370,000 payable on or
before April 1, 2012 earned
and credited 50% to capital
investment and 50% to job
creation;
$370000 payable on or
before April I , 2013 earned
and credited 50% to capital j
creation and continued
staffing of a minimum of an
additional seventy -five (75)
full-time employment
positions and continued
staffing of a minimum of fifty
full-time employment
positions with an average
annual salary of $49004 per
position or a cumulative
annual payroll at the facility of
$6,125,500.
Maintaining full -time
production with equipment;
and either the creation and
continued staffing of a
minimum of an additional
twenty -five (25) full -time
employment positions and
continued stafi n g of a
minimum of one hundred
twenty -five (125) full - time
employment positions with an
average annual salary of
$51,326 per position or a
cumulative annual payroll at
the facility of $7,698,900.
employment positions each
with an average annual
salary of $49,004 or
cumulative annual payroll at
the facility of $6,125,500 on
or before December 31,
2009.
Proof of either creation and
continued staffing of a
minimum of 25 full- time
employment positions and
continued staffing of a
minimum of 125 full -time
employment positions each
with an average annual
salary of $51,326 or a
cumulative annual payroll at
the facility of $7,698,990 on
or before December 31,
2010.
$370000 payable on or
before April 1, 2911 earned
and credited 50% to capital
investment and 50% to job
creation;
Maintaining full - time
production with equipment;
and either the creation and
continued staffing of a
minimum of an additional
twenty (20) full - time
employment positions and
continued staffing of a
minimum of one hundred fifty
Cl full -time employment
positions with an average
annual salary of $53,379 per
position or a cumulative
annual payroll at the facility of
$9,074,430.
Maintaining full -time
production with equipment;
and either the creation and
Proof of either creation and
continued staffing of a
minimum of20 full-time
employment positions and
continued staffing of a
minimum of 150 full -time
employment positions each
with an average annual
salary of $53,379 or a
cumulative annual payroll at
the facility of $9,074,430 on
or before December 31,
2011.
Proof of either creation and
continued staffing of a
minimum of 15 full - time
Economic Development Performance Agreement - -Tl G
Page 3 of 17
continued staffing of a
minimum of an additional
fifteen 15 full - time
employment positions and
continued staffing of a
minimum of one hundred
seventy (1 70) full -time
employment positions with an
average annual salary of
$55514 per position or a
cumulative annual payroll at
the facility of $1O,270,090.
employment positions and
continued staffing of a
minimum of 170 full -time
employment positions each
with an average annual
salary of $55514 or a
cumulative annual payroll at
the facility of $1O,270090 on
or before December 31,
2012.
investment and 50% to job
creation.
2.2 BY Turner Industries Group, LLC
.1 Investment—Production Facility: TIG agrees that it shall acquire /construct and
occupy for five (5) years beginning April 1, 2008, and ending five years thereafter
or December 31, 2012 whichever occurs later, a fabrication facility in Corpus Christi,
Nueces County, Texas, as set forth in Schedule B below.
Failure by TIG to timely and fully comply and to continue to comply with any
performance requirement of this agreement shall be an act of default.
SCHEDULE B
TIG's PERFORMANCE REQUIREMENTS
Acquisition and start of construction of a
fabrication facili
capital investment of at least $3400,000 for
a total capital investment of at least
$1O,000,000; occupy and full- time operations
at production facility.
.2 Employment:
TIG agrees that it shall create, staff and maintain full - time employment positions for its
fabrication facility, administrative office and lay-down yard, in Corpus Christi, Nueces
County, Texas, as set forth in Schedule C.
The jobs shall be primarily engaged in serving a customer base outside a 50-mile
radius of the city of Corpus Christi.
Failure by TIG to timely and fully comply and to continue to comply with any
performance requirement of this agreement shall be an act of default.
SCHEDULE C
TIG's PERFORMANCE REQUIREMENTS ~TG's TIME OF PERFORMANCE
CE
Fifty (50) full -time employment positions at
TIG's production facility, average annual
salary for each position $46,886 or a
cumulative annual payroll of $2,344,300.
December 31, 2008
Seventy-five (75) additional full- time
employment positions at TIG's production
facility, average annual salary for each
position $49004 or a cumulative annual
payroll of $6,125,500.
December 31, 2009
Twenty -five (25) additional full-time
employment positions at TIG's production
facility, average annual salary for each
position $51,326 or a cumulative annual
payroll of $7,698,900.
December 31, 2010
Twenty (20) additional full -time employment December 31, 2011
positions at TIG?s production facility, average
annual salary for each position $53,379 or a
cumulative annual payroll of $9074430.
Fifteen (15) additional full- time employment December 31, 2012
positions at TIGis production facility, average
annual salary for each position $55,514 or a
Economic Development Performance Agreement - -TIG
Page 5 of 17
cumulative annual payroll of $10,270,090.
111. REPORTING TING AN MONITORING
3.1 Reports and Monitoring: TIG agrees to the following reporting and monitoring
provisions, and failure to fully and timely comply with any one requirement shall constitute an
act of default.
.1 TIG shall provide a yearly report certifying the status of compliance though the
life of the agreement of new jobs created, new investments and any other relevant
information. Documentation for jobs may be in the form of quarterly IRS 94 returns,
TIG employer Quarterly Reports, or employee rosters that show the hours worked and
the positions filled, and such other reports as may reasonably be required.
.2 TIG, during normal working hours, at its Corpus Christi, Texas, facility, shall
allow Corporation and its designee, Corpus Christi Regional Economic Development
Corporation, reasonable access to TIG's construction site to allow Corporation to verify
construction progress.
.3 TIG, during normal working hours, at its Corpus Christi, Texas, facility, shall
allow Corporation and its designee, Corpus Christi Regional Economic Development
Corporation, reasonable access to 'TG's employment records and books, to verify
employment and all other relevant records related to each of the other economic
development considerations and incentives, as stated in this agreement, but the
confidentiality of such records and information shall be maintained by Corporation and
its designee, Corpus Christi Regional Economic Development Corporation, unless
such records and information shall be required by a court order, a lawfully issued
subpoena, or at the direction of the Office of the Texas Attorney General.
.4 By January 31 of each year of this Agreement, TIG agrees to provide
Corporation with a sworn certificate by its corporate officer in charge of personnel
records certifying the following:
(1) the number of full -time permanent employees at its Facilities as of December
31 of the previous calendar year;
(ii) the number of full - time permanent jobs which were created during the
previous calendar year, with hourly wage, and
(iii) the cumulative salary and wage information for all employees at the Corpus
Christi facility during the previous calendar year.
Iv. COVENANTS, TS, WAR At TIES, OBLIGATIONS AND DUTIES
4.1 TIG makes the following covenants and warranties to Corporation, and agrees to timely
and full y perform the following obligations and duties. Any false or substantially misleading
statement contained herein or failure to timely and fully perform as required in this agreement
Economic Development Performance Agreement - -TIG
Page 6 of 17
shall be an act of default by T1G. Failure to comply with any one covenant or warranty shall
constitute an act of default by T1G.
1. TIG is a limited liability company duly organized, validly existing, and in good
standing under the laws of the State of Louisiana and authorized to conduct business
in the State of Texas, has all corporate power and authority to carry on its business as
presently conducted in Corpus Christi, Texas.
.2 The execution of this agreement has been duly authorized by TIG's managers,
and/or those managers having such authority pursuant to TIG's current Operating
Agreement, and the corporate officer signing this agreement is an officer of the
corporation, empowered to execute such agreement and bind the corporation, said
authorization, signing and binding effect is not in contravention of any law, rule or
regulation, or the provisions of TIG's articles of organization or Operating Agreement,
or of any agreement or instrument to which TIG is a party or by which it may be bound,
such authority to be evidenced by a corporate resolution, attached hereto at the time
of execution. TIG has the authority to enter into and perform, and will perform, the
terms of this Agreement.
.3 TIG has timely filed and will timely file all local, State, and Federal tax reports and
returns required by law to be filed and all taxes, assessments, fees, and other
governmental charges, including applicable ad valorem and employment taxes, have
been timely paid, and will be timely paid, during the term of this Agreement.
.4 o litigation or governmental proceeding is pending or, to the knowledge of TIG or
TIG's officers, threatened against or affecting TIG that may result in any material
adverse change in TIG's business, properties, or operations. No consent, approval or
authorization of or registration or declaration within any governmental authority is
required in connection with the execution of this agreement or the transactions
contemplated hereby.
.5 No certificate, statement or information provided by TIG to Corporation, the Corpus
Christi Regional Economic Development Corporation, or the City of Corpus Christi in
connection with any transaction contemplated hereby, contains any untrue statements
or fails to state any fact necessary to keep the statements contained therein from
being misleading.
.6 To the best of its knowledge, TIG has acquired and maintained all necessary rights,
licenses, permits, and authority to carry on its business operations in Corpus Christi,
Texas, and will continue to use its best efforts to maintain all necessary rights,
licenses, permits and authority.
.7 The funds herein granted shall be utilized solely for the purpose of offsetting the
cost of Facility acquisition /construction, purchasing and installing the equipment and
furnishings, and creating, staffing and maintaining the one hundred twenty (120) full-
time employment positions at TIG's Corpus Christi production facility,
Economic Development Performance Agreement - -TIG
Page 7 of 17
. 8 TIG shall continue its full-time business activities on its property in Corpus Christi,
Texas, including maintaining its employment and investment requirements at all times
throughout the term of this agreement.
. 9 TIG shall complete the project required by this Agreement and shall provide and
staff the required employment positions, investment, and other economic development
considerations described in this Agreement.
.10 TIG shall timely and fully comply with all of the terms and conditions of this
Agreement.
.1 1 TIG may not sell membership interests, assets, or any ownership interest in TIG
that would be more than twenty (20) percent of TIG' s total authorized and issued
membership, assets or ownership interest, without prior written notice to the
Corporation, the Corpus Christi Regional Economic Development Corporation, and
City of Corpus Christi.
.12 TIG shall notify Corporation in writing of substantial changes in management
within seven (7) days. Substantial changes mean changes in Chairman of the Board,
President, C.E.O. or area management.
.13 TIG has received a copy of the Texas Development Corporation Act of 1979, Art.
51 90.6, Vernon's Texas Revised Civil Statutes, and acknowledges that the funds
granted in this Agreement must be utilized solely for purposes authorized under State
law and by the terms of this Agreement.
.14 In the event it is determined by Corporation or City of Corpus Christi that funds
provided under this Agreement were not used in accordance with State law, then TIG
agrees to repay such funds to the Corporation within 30 days of written notice
requesting reimbursement.
.15 If an audit determines that the funds were not used for authorized purposes , TIG
agrees to reimburse Corporation for the sums of money spent for purposes not
authorized by law within 30 days written notice requesting reimbursement.
.16 There are no bankruptcy proceedings currently pending concerning TIG, nor are
any such proceedings contemplated by TIG, as of the date of execution of this
Agreement by TIG.
.17 TIG will not discriminate nor permit discrimination against any person or group of
persons, with regard to employment and the provision of services at, on, or in the
Facility, on the grounds of race, religion, national origin, marital status, sex, age,
disability, or in any manner prohibited by the laws of the United States or the State of
Texas.
.18 TIG agrees to provide information, reports, or statements respecting its business
operations and financial condition as Corporation may reasonably request from time to
time.
Economic Development Performance Agreement - -TIG
Page 8 of 17
4.2 All representations, warranties, covenants and agreements of the parties, as well as any
rights and benefits of the parties pertaining to the transaction contemplated hereby, shall
survive the original execution date of this agreement.
v. SUSPENSIONS/TERMINATIONS
5.1 Corporation, under the following circumstances, and at its sole discretion, may suspend
its obligations under this agreement or terminate this agreement and recapture from TIG that
percentage of any of the money grants or consideration paid by Corporation to TIG
representing the milestone(s) or performance requirement(s) or percentage of the
milestone(s) or performance requirement(s) not met, without liability to TIG, upon any one of
the following events, which are an act of default.
.1 The appointment of a receiver of TIG, or of all or any substantial part of its property,
and the failure of such receiver to be discharged within sixty days thereafter.
.2 The adjudication of TIG as bankrupt.
.3 The filing by TIG of a petition or an answer seeking bankruptcy, receivership,
reorganization, or admitting the material allegations of a petition filed against it in any
bankruptcy or reorganization proceeding.
VI. DEFAULT
6.1 Events of Default. Should TIG fail to timely, fully and completely comply with any one or
more of the requirements, obligations, duties, terms, conditions or warranties of this
agreement such failure shall be an act of default by TIG and, if not fully and completely cured
and corrected or explained by TIG within thirty (30) days after written notice to do so,
Corporation may terminate this agreement and pursue all legal remedies as provided by law,
provided however that TIG's liability under this agreement shall be limited to the immediate
return by TIG to Corporation that percentage of any of the money grants or consideration
previously paid by Corporation to T1G representing the milestone(s) or performance
requirement(s) or percentage of the milestone(s) or performance requirement(s) not met, the
maximum lawful rate of interest on all money paid to TIG until fully repaid, reasonable
attorney fees and cost of court to collect such money, and the termination of all further
obligations on behalf of Corporation under this agreement. Neither Corporation nor TIG shall
be liable to any party for any alleged consequential damages, including but not limited to loss
of funds, loss of revenue, loss of financing, and/or any other damages that are classified as
"special damages. ". Additionally, the following events shall constitute a default of this
Agreement:
,1 The Corporation or City determines that any representation or warranty on behalf of
TIG contained in this Agreement or in any financial statement, certificate, report, or
opinion submitted to the Corporation in connection with this Agreement was incorrect
or misleading in any material respect when made;
.2 Any judgment is assessed against TIG or any attachment or other levy against the
property of TIG with respect to a claim remains unpaid, undischarged, or not
dismissed for a period of 30 days.
Economic Development Performance Agreement - -TIG
Page 9 of 17
.3 If taxes on the Facility become delinquent, and TIG fails to timely and properly
follow the legal procedures for protest or contest.
.4 TIG changes the general character of business as conducted of the date this
Agreement is approved by the Corporation.
.5 Foreclosure or sale of the Facility.
6.2 In the event of unforeseeable third party delays in the construction of the
Improvements or force majeure and upon a reasonable showing by TIG that it has
immediately and in good faith commenced and is diligently and continuously pursuing the
correction, removal or abatement of such delays by using its best efforts, Corporation may
consent to and excuse such delays, which consent and excuse shall not be unreasonably
withheld. Failure by TIG to use its best efforts as required in this paragraph shall be an act of
default. Force majeure means severe weather such as hurricanes, tornadoes, flooding,
wars, riots, and the unavailability of necessary and essential equipment and supplies from all
sources.
6.3 Any delay for any amount of time by Corporation in providing notice of default to TIG
shall in no event be deemed or constitute a waiver of such default by Corporation of its rights
and remedies available under this agreement, or in law or equity.
6.4 Any waiver granted by Corporation to TIG of any covenant or condition, the breach of
any covenant or condition of this Agreement, or of an act of default shall not be deemed or
constitute a waiver of any other existing or future breach of a covenant or condition, or act of
default by TIG or of a subsequent breach of the same covenant or condition or act of default
of the same act or event by TIG.
6.5 No waiver of any covenant or condition, or the breach of any covenant or condition of
this Agreement, justifies or authorizes the nonobservance on any other occasion of the
covenant or condition or any other covenant or condition of this Agreement.
6.6 Any waiver or indulgence of TIG's default may not be considered an estoppel against
the Corporation.
6.7 Failure of TIG to meet a milestone or performance requirement as set forth in the
Schedules attached to this Agreement in any one year of this Agreement does not preclude
the Corporation from awarding the incentive or withheld percentage thereof to TIG for
accomplishment of the milestone or performance requirement in a subsequent year, in
addition to the milestones or performance incentives for such subsequent year.
6.8 In the event that this agreement is terminated by Corporation or TIG commits an act of
default that is not timely corrected and cured, TIG shall immediately return to Corporation that
percentage of any of the money grants or consideration previously paid by Corporation to TIG
representing the milestone(s) or performance requirement(s) or percentage of the
milestone(s) or performance requirement (s) not met, as determined by the Corporation, and
Corporation shall be relieved of any further obligations under this agreement.
vil. CORPORATION'S 'S LII ILITY LIMITATIONS
Economic Development Performance Agreement - -TIG
Page 10 of 17
7.1 Payments: TIG specifically agrees that Corporation shall only be liable to TIG for the
actual amount of the money grants to be conveyed to TIG and shall not be liable to TIG for
any other actual or consequential damages, direct or indirect, interest, attorney fees, or costs
of court for any act of default by Corporation under the terms of this agreement. It is further
specifically agreed that Corporation shall only be required to pay the grant amounts solely out
of its sales tax revenue currently collected, allocated and budgeted and to be allocated,
budgeted and collected for TIG during the term of this agreement. Payment by Corporation is
strictly limited to those funds so allocated, budgeted and collected solely during the grant
term of this agreement, being January 1, 200 8, through April 15, 2013. Corporation shall use
its best efforts to anticipate economic conditions and to budget accordingly. However, it is
further understood and agreed that, should the actual total sales tax revenue collected for
any one year be less than the total amount of grants to be paid to all contracting parties with
Corporation for that year, then in that event, all contracting parties shall receive only their pro
rata share of the available sales tax revenue for that year, less Corporation's customary and
usual costs and expenses, as compared to each contracting parties' grant amount for that
year, and Corporation shall not be liable to TIG for any such deficiency at that time or at any
time in the future. In this event, Corporation will provide all supporting documentation, as
requested. Payments to be made to TIG shall also require a written request from T1G to be
accompanied by all necessary supporting documentation. Corporation shall have forty -five
days to make payment after receipt of such payment request. The payment request
should be directed to the address provided for Corporation below.
VIII. NOTICE OF DEFAULT
8.1 Corporation shall give TIG written notice of any act of default by TIG, and TIG shall
have thirty (30) days after receipt of the notice to cure the default. Failure by TIG to timely
and fully cure the act of default shall permit Corporation to pursue all legal remedies provided
by law and not specifically prohibited herein.
8.2 Results of Uncured Default. After exhausting good faith attempts to address any
default during the Cure Period, and taking into account any extenuating circumstances that
might have occurred through no fault of TIG, as determined by the Board of Directors of the
Corporation, the following actions must be taken for any default that remains uncured after
the Cure Period:
.1 TIG shall immediately repay all amounts of reimbursements paid by Corporation
under this Agreement or TIG shall immediately repay the amount equivalent to the
proportion of the milestone or requirement not met, as determined by the Corporation,
with interest at the interest rate paid by the City on its most recently issued general
obligation bonds from date of expiration of Cure Period until fully paid.
.2 TIG shall pay Corporation reasonable attorney fees and costs of court to collect
amounts due to Corporation.
.3 The Corporation shall have no further obligations to TIG under this Agreement.
.4. Neither the City nor the Corporation nor TIG may be held liable to any other party
of this Agreement for any consequential damages, including special or indirect costs,
loss or use or profits.
Economic Development Performance Agreement - -T1G
Page 11 of 17
.5. The Corporation may pursue all remedies available under law
8.3 TIG shall give Corporation written notice of any act of default by Corporation, and
Corporation shall have thirty (30) days after receipt of the notice to cure the default. Failure
by Corporation to timely and fully cure the act of default shall permit TIG to pursue its legal
remedies as provided in this agreement.
IBC. DEFINITIONS
As used in this agreement, the following words or phrases shall have the following meanings:
9.0 Certificate of oura. y nshall mean the final document issued by the City of Corpus
Christi, Texas, entitled "Certificate of Occupancy" indicating that all building codes,
regulations, and ordinances have been unconditionally, fully and completely complied with in
all respects, and specifically shall not include any temporary or conditional document
authorizing temporary or conditional occupancy.
9.1 City of Qor us Christi or Cit shall mean the governing municipal corporation, the area
that is within the city limits of the City of Corpus Christi, Texas.
9.2 Com sliance shall mean timely, fully and completely performing or meeting each and
every requirement, obligation, duty, condition, or warranty as stated in this agreement.
Compliance shall man complete compliance and shall not mean substantial compliance.
9.3 Act of Default shalt mean failure to timely and fully comply with one or more
requirements, obligations, duties, terms, conditions or warranties, as stated in this
agreement. Corporation may, in its sole discretion, accept substantial compliance in lieu of
full compliance by waiving such act of default solely by an instrument in writing.
9.4 Full - time Production shall mean the operation of the production facility for the for the
fabrication and assembly of pipe p roducts for the petrochemical industry not less than eight
hours per day, five days a week, for fifty -two (52) weeks every fiscal year.
9.5 Full -time Job or Full -time Equivalent Job (FTE) shall mean a job requiring a minimum
of Two Thousand Eighty (2,080) hours of work over a twelve 12 month term [forty (40)
hours work per week], including allowance for vacation and sick leave, with full company
benefits and employed exclusively and on -site in the city of Corpus Christi. Use of a staffing
agency is permitted provided all of the conditions here are met.
9.6 Insolvent shall mean failure to timely pay debts in the ordinary course of business or
cannot pay debts as they become due, or is insolvent within the meaning of the federal
bankruptcy law.
9.7 Force Majeure shall mean severe weather such as tornadoes or flooding, named
storms or hurricanes, wars, riots and the unavailability of necessary and essential equipment
and supplies from all sources.
X. GENERAL TERMS
Economic Development Performance Agreement - -TIG
Page 12of17
1 .1. Effective Date. The effective date of this Agreement ("Effective Date") is the latest date
that either party executes this Agreement.
10.2 Term. The term of this Agreement is five (5) years from the Effective Date.
10.3 Termination. This Agreement may be terminated by mutual agreement of the parties
or by either party, upon the failure of the other party to fulfill an obligation as set forth herein.
The termination of this Agreement shall extinguish all rights, duties, obligations, and liabilities
of the parties under this Agreement, except all rights, duties, liabilities, and obligations
accrued prior to such termination shall survive termination.
10.4 Compliance with Laws. This Agreement is subject to all legal requirements in the City
Charter and Code of Ordinances of the City of Corpus Christi and all other applicable county,
state, and federal laws. TIG shall observe and obey all applicable laws, ordinances,
regulations, and rules of the Federal, State, County and City governments, as may be
amended or enacted. This Agreement shall be governed by and construed in accordance
with the laws and court decisions of the State of Texas.
10.5. Assignment. This Agreement shall be binding upon the parties hereto and their
successors and assigns. However, TIG may not assign all or any part of its rights, privileges,
or duties under this Agreement without the prior written approval of the Corporation and City.
Any attempted assignment without approval is void, and constitutes a breach of this
Agreement.
10.6 Indemnity. To the extent of its negligence or legal fault which directly causes those
damages more particularly described herein, TIG covenants to fully indemnify, save, and
hold harmless the Corporation, the City, their respective officers, employees, and
agents "Indernitees' against all liability, damage, loss, claims, demands, and
actions of any kind on account of personal j
inuries (including, without limiting the
foregoing, workers' compensation and death claims), or property loss or damage of
any kind, which arise out of or are in any manner connected with, or are claimed to
arise out of or be in any manner connected with T!G activities conducted under or
incidental to this Agreement. Subject to the foregoing, T!G shall, at its own expense,
investigate all those claims and demands, attend to their settlement or other
disposition, defend all actions based on those claims and demands with counsel
satisfactory to lndemnitees, and pay all reasonable charges ofattorneys and all other
reasonable costs and expenses of any kind arising from the liability, damage, loss,
clai
a. Any required written notices shall be sent mailed, certified mail, postage prepaid,
addressed as follows:
TIG:
Turner Industries Group, LLC
c/o John M. Golashesky
Senior Vice-President and Regional Manager
3850 Pasadena Blvd., Pasadena, TX. 77503
Corporation:
City of Corpus Christi
Business and Job Development Corporation
Attn: Executive Director
1201 Leopard Street
Corpus Christi, Texas 78401
b. A copy of all notices and correspondence must be sent to the City at the following
address:
City of Corpus Christi
Attn.: City Manager
P.O. Box 9277
Corpus Christi, Texas 78469-9277
c. Notice is effective upon deposit in the United States mail in the manner provided
above.
10.9 Incorporation of other documents.
a. The Corpus Christi Business & Job Development Corporation Guidelines & Criteria
for Granting Business Incentives ("Corporation Guidelines"), adopted September 18,
2007, are incorporated into this Agreement.
b. TIG application submitted to the Corporation for business incentives ("Application")
is incorporated into this Agreement.
c. if there is any conflict in the terms of these documents, the following order controls:
(i) This Agreement, (ii) Corporation Guidelines, (iii) Application.
10.10 Amendments or Modifications. No amendments or modifications to this Agreement
may be made, nor any provision waived, unless in writing signed by a person duty authorized
to sign agreements on behalf of each party.
10.11 Relationship of Parties. In performing this Agreement, both the Corporation and TIG
will act in an individual capacity, and not as agents, representatives, employees, employers,
partners, joint - venturers, or associates of one another. The employees or agents of either
party may not be, nor be construed to be, the employees or agents of the other party for any
purpose.
Economic Development Performance Agreement--TIG
Page 14 of 17
10.12 Captions. The captions in this Agreement are for convenience only and are not a part
of this Agreement. The captions do not in any way limit or amplify the terms and provisions
of this Agreement.
10.13 S v rability.
.1 If for any reason, any section, paragraph, subdivision, clause, provision, phrase or
word of this Agreement or the application of this Agreement to any person or
circumstance is, to any extent, held illegal, invalid, or unenforceable under present or
future law or by a final judgment of a court of competent jurisdiction, then the
remainder of this Agreement, or the application of the term or provision to persons or
circumstances other than those as to which it is held illegal, invalid, or unenforceable,
will not be affected by the law or judgment, for it is the definite intent of the parties to
this Agreement that every section, paragraph, subdivision, clause, provision, phrase,
or word of this Agreement be given full force and effect for its purpose.
.2 To the extent that any clause or provision is held illegal, invalid, or unenforceable
under present or future law effective during the term of this Agreement, then the
remainder of this Agreement is not affected by the law, and in lieu of any illegal,
invalid, or unenforceable clause or provision, a clause or provision, as similar in terms
to the illegal, invalid, or unenforceable clause or provision as may be possible and be
legal, valid, and enforceable, will be added to this Agreement automatically.
10.14 enu . Venue for any legal action related to this Agreement is in Nueces County,
Texas. TIG consents to, and waives any objections to, in personum jurisdiction in Nueces
es
County, Texas. This agreement and the relationship between Corporation and TIG shall be
governed and interpreted under the laws of the State of Texas without regard to any conflict
of laws or provisions.
10.15 Sole Agreement. This Agreement constitutes the sole agreement between the
Corporation and TIG. Any prior agreements, promises, negotiations, or representations,
verbal or otherwise, not expressly stated in this Agreement, are of no force and effect.
Except as otherwise provided herein, this Agreement cannot be modified or amended without
a written agreement of the parties.
10.16 Counterparts. This Agreement may be executed in any number of counterparts, each
of which shall be deemed an original and constitute one and the same instrument.
10.17 Representation. sentation. Corporation represents that no Corporation board member r r
employee, City of Corpus Christi officer or employee, has been or will be compensated in any
manner with respect to directly or indirectly bringing the parties hereto together, agreement
negotiations, or the entering into of this Agreement. In no event will TiG pay a fee to or in
any manner compensate any Corporation board member or employee, City of Corpus Christi
officer or employee, in connection with the acceptance of this Agreement. A breach of this
provision (10.17) shall result in automatic and immediate termination of this Agreement, and
shall be an act of default by TIC.
10.18 Other Contracts. It is understood by TIG that Corporation has heretofore entered, and
may hereafter enter, into contracts with other companies or persons upon terms and
Economic Development Performance Agreement - -TIG
Page 15of1
conditions different from the terms and conditions of this Agreement, and TIG has no
standing to object whatsoever to any such contracts or require any modifications or changes
to its Agreement due to such other agreements.
10.19 Corporation, its officers and employees, and its agents or contractors retained to
perform economic development services for Corporation, shall treat as confidential the
financial statements of T1G and shall not release such information to the public, unless
required by law, Attorney General opinion, or court order. Corporation shall immediately
notify TIG upon receipt of any such of requests, affording T1G the opportunity to participate in
the request for an opinion from the Texas Attorney General and any legal proceedings.
Corporation shall immediately notify TIG upon receipt of any opinion of the Texas Attorney
General or court orders to release such information.
1 0.20 All representations, warranties, covenants and agreements of the parties, as well as
any rights and benefits of the parties pertaining to the transaction contemplated hereby, shall
survive the original execution date of this agreement.
10.21 Insurance. TIG shall maintain insurance on the Facility, at TIG's expense, during the
term of this Agreement, insurance of the type and with the amount of coverage shown on the
Attachment (there is no attachment), which is incorporated in this Agreement by reference.
TIG shall use an insurance company or companies acceptable to the Risk Manager of the
City of Corpus Christi. Failure to maintain the insurance during the term of this Agreement, at
the limits and requirements shown on Attachment constitutes grounds for termination of this
Agreement. The Certificate of Insurance must be sent to the Risk Manager prior to
occupancy of and operations at the Facility. The Certificate of Insurance must provide that
the City will have thirty (30) days advance written notice of cancellation, intent to not renew,
material change, or termination of any coverage required in this Agreement. TIG shall
provide, during the term of this Lease, copies of all insurance policies to the Risk Manager
upon written request by the City Manager. The Risk Manager shall retain the right to
annually review the amount and types of insurance maintained by TIG to require increased
coverage limits, if necessary in the interest of public health, safety, or welfare, and to
decrease coverage, if so warranted. In the event of any necessary increase, TIG shall
receive thirty (30) days written notice prior to the effective date of the requirement to obtain
increased coverage. TIG shall, prior to any addition or alteration to, in, on, or about the
Premises, obtain prior clearance, in writing, from the Risk Manager that the proposed addition
or alteration will not necessitate a change or modification in the existing insurance coverage
maintained by Lessee.
EXECUTED on the date shown opposite the signature of each party.
Corpus Christi Business & Job Development Corporation
By:
Name:
Title:
Date:
Attest
Economic Development Performance Agreement - -TIG
Page 16 of 17
By:
Name:
Title:
Turner Industries Group, LLC.
By:
Name: John M. Golashesky
Title: Senior Vice- President and Regional Manager
Date: --
Attest:
By:
Title:
Federal Tax ID No.:
Corporate Seal:
The State of Texas§
County of I ue es§
Before me, _ -- -- _ -_�.. ((Notary's name), on this day
personally appeared John M. Golashesky, y, Senior Vice-President and Regional Manager of
Turner Industries Group, LLC., known to me to be the person whose name is subscribed to
the foregoing instrument and acknowledged to me that he executed the same in the capacity
stated as the act of Turner Industries Group, LLC., a foreign limited liability corporation
authorized to do business in Texas, for the purposes and consideration expressed in the
instrument.
Given under my hand and seal of office this the _ day of , 2007.
Notary Public, State of Texas
Economic Development Performance re m nt - -TIG
Page 17 of
Page 1 of 2
A RESOLUTION
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE A PROJECT AGREEMENT WITH THE CORPUS
CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION
REGARDING IMPLEMENTATION AND ADMINISTRATION OF
THE AGREEMENT TO GRANT BUSINESS INCENTIVES TO
TURNER INDUSTRIES GROUP, L.L.C., FOR THE CAPITAL
INVESTMENT OF $10,040,000 AND THE CREATION AND
RETENTION OF 185 FULL TIME JOBS
WHEREAS, there is a need for a project agreement between the City of Corpus
Christi and the Corpus Christi Business and Job Development Corporation for
the implementation and administration of the business incentive agreement with
Turner Industries Group, L.L.C., for the capital investment of $1O,000,000 and
the creation and retention of 185 full time jobs in Corpus Christi.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE cm(
OF CORPUS CHRISTI, TEXAS:
SECTION 1. That the City Manager or his designee is authorized to execute the
project agreement between the City of Corpus Christi and the Corpus Christi
Business and Job Development Corporation for the implementation and
administration of the business incentive agreement with Turner Industries Group,
L.L.C., for the capital investment of $10,000,000 and the creation and retention of
185 full time jobs in Corpus Christi, which is attached hereto.
ATTEST:
Armando Chapa
City Secretary
APPROVED E as to form: December 5, 2007
06: 1.,,-_,/
G! f . Smith
Assistant City Attorney
For the City Attorney
OIL)
crr OF CORPUS CHRISTI
Henry Garrett
Mayor
f:ILE -DI ISharedl arylagenda'2 0 11Res-ProjectAgmt-4ABd-TIG,doc
I ,do
Page 2 of 2
Corpus Christi, Texas
of , 2007
The above resolution was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel!
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael ilk Cut hon
H:1LB -DI 1 haredl airy lagend 1 0O7 \1 -1lilies#Proje tAgmt -4 Bd -TI .do
BUSINESS INCENTIVES PROJECT AGREEMENT
EEMENT
This Business Incentives Project Agreement (" Project Agreement") is entered into
between the Corpus Christi Business and Job Development Corporation ("Corporation")
and the City of Corpus Christi, Texas ("City").
WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas
Revised Civil Statutes (Development Corporation Act of 1979) empowered local
communities with the ability to adopt an optional local sales and use tax as a means of
improving the economic health and prosperity of their citizens;
WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ("City")
passed Proposition 2, New and Expanded Business Enterprises, which authorized the
adoption of a sales and use tax for the promotion and development of new and
expanded business enterprises at the rate of one - eighth of one percent to be imposed
for 15 years,
WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 was
subsequently enacted by the City Council and filed with the State Comptroller of Texas,
effective April 1, 2003, to be administered by the Corporation's Board of Directors;
WHEREAS, the Corporation exists for the purposes of encouraging and assisting
entities in the creation of jobs for the citizens of Corpus Christi, Texas;
WHEREAS, the Board of Directors of the Corporation ("Board"), on September 10,
200 7, amended the Corporation's Guidelines and Criteria for Granting Business
Incentives;
WHEREAS, Section 21 of the Texas Development Corporation Act of 1979, Art. 51 90.6,
Vernon's Texas Revised Civil Statutes, requires the City Council to approve all
programs and expenditures of the Corporation;
WHEREAS, the City Council approved the Corporation's amended Guidelines and
Criteria for Granting Business Incentives on September 18, 200 7;
WHEREAS, E S, Turner Industries Group, L.L.C. (TIG), has proposed the capital investment
of $10,000,000 in the construction of a new administrative office building, fabrication
facility, lay -down yards, and material storage area with necessary equipment and
furnishings and the creation and continuous employment of 185 full -time employment
positions with an average annual salary or wage of at Least $49,000 each in the City of
Corpus Christi;
WHEREAS, the Board has determined that it is in the best interests of the citizens of
Corpus Christi, Texas that business incentives be offered to TIG
WHEREAS, S, the Corporation and TIG have executed an agreement to grant business
incentives to TIG for the capital investment and the creation of jobs (Business
Incentives Agreement).
TIG Project Agreement 4A -City 071121.cloc
Page 1 of 3
In consideration of the covenants, promises, and conditions stated in this Project
Agreement, the Corporation and the City agree as follows:
1. Project Agreement to Implement Business Incentives Agreement. This Project
Agreement between the City and the Corporation is executed to implement the
Agreement to Grant Business Incentives to Turner Industries Group, L.L.C., for the
capital investment and the creation of jobs between the Corporation and TIG.
2. Term. The term of this Project Agreement runs concurrently with the term of the
Business Incentives Agreement.
3. Services to be Provided by City.
a. The City Manager, or the City Manager's designee, shall administer funding
on behalf of the corporation.
b. The City Manager, or the City Manager's designee, shall perform contract
administration responsibilities outlined in the Business Incentives Agreement for
the Corporation.
4. Appropriation of Funds. Any future payments by the City are subject to
appropriation of funds by City's Council.
5. Effective Date. The effective date of this Project Agreement is the latest date that
either party executes this Agreement.
6. Amendments or Modifications. No amendments or modifications to this Project
Agreement may be made, nor any provision waived, unless in writing signed by a
person duly authorized to sign agreements on behalf of each party.
7. Severability.
a. If for any reason, any section, paragraph, subdivision, clause, provision,
phrase or word of this Project Agreement or the application of this Project
Agreement to any person or circumstance is, to any extent, held illegal, invalid, or
unenforceable under present or future law or by a final judgment of a court of
competent jurisdiction, then the remainder of this Project Agreement, or the
application of the term or provision to persons or circumstances other than those
as to which it is held illegal, invalid, or unenforceable, will not be affected by the
law or judgment, for it is the definite intent of the parties to this Project
Agreement that every section, paragraph, subdivision, clause, provision, phrase,
or word of this Project Agreement be given full force and effect for its purpose.
b. To the extent that any clause or provision is held illegal, invalid, or
unenforceable under present or future law effective during the term of this Project
Agreement, then the remainder of this Project Agreerrent is not affected by the
law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a
clause or provision, as similar in terms to the illegal, invalid, or unenforceable
TIG Project Agreement 4A-City 0711 1.doc
Page 2 of 3
clause or provision as may be possible and be legal, valid, and enforceable, will
be added to this Project Agreement automatically.
8. Captions. The captions in this Project Agreement are for convenience only and are
not a part of this Project Agreement. The captions do not in any way limit or amplify the
terms and provisions of this Project Agreement.
The City of Corpus Christi Corpus Christi Business
Job Development Corporation
George K. Noe
City Manager
Date:
Attest
Armando Chapa
City Secretary
Date:
Approved as to Legal Form this day of December, 200 7.
Gary W. Smith
Assistant City Attorney
for City Attorney
TIG Project Agreement 4A -City 0711 1.doc
Page 3 of 3
35
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: December 11, 2007
AGENDA ITEM:
A. Resolution approving a performance based agreement between the Corpus Christi
Business and Job Development Corporation (4A Board) and Texas ABM University-
Corpus Christi granting $125,929 in business incentives for the operation of an
intern program to assist small businesses in Corpus Christi
C. Resolution authorizing the City Manager or his designee to execute a project
agreement with the Corpus Christi Business and Job Development Corporation
regarding implementation and administration of the agreement to grant business
incentives to Texas A&M University- Corpus Christi for an intern program to assist
small businesses in Corpus Christi
ISSUE: To assist in the job development and growth of small businesses in the community.
PREVIOUS COUNCIL ACTION: None
CONCLUSION AND RECOMMENDATION: staff recommends approval to grant business
incentives to Texas A&M University-Corpus Christi in the amount of $1 25,929 for an intern
program to assist small businesses in Corpus Christi.
Irma Caballero
Director of Economic Development
BACKGROUND INFORMATION
The Economic Development Office presented a new project to the 4A Board consisting of
an Internship Program Partnership between Texas A&M University- Corpus Christi
(TAMUCC), Del Mar College and WorkSource.
The partnership program will assist small businesses by providing them access to students
who will serve as interns in professional level positions. The small businesses will pay the
student minimum wage and Texas A&M University- Corpus Christi and Del Mar will match
the small business contribution with 4A funds. WorkSource will provide outreach activities
to support the Internship project proposed by TAMUCC and Del Mar College. The
program will be an 18-month project and include 3 semesters of intern support with the
following grant incentive:
• TAMUCC is requesting a total amount of $125,929; they will provide in -kind
contributions of $146,557.
Following is the Management and Operations Plan for Texas A&M University- Corpus
Christi:
TAMUCC: Amount requested $125. 929- in-kind services $146557
SERVICES
The proposed program will assist small businesses by providing them access to students
who will serve as interns in professional level positions. The small businesses will pay the
student intern minimum wage (currently $5.85 per hour, adjusting to $6.55 per hour in July
2008) and the University will match the small business contribution with 4A funds. The
student interns would earn $11.70 per hour at the current minimum wage rate for a 20 -hour
work week. Interns would be selected based on the needs of the small business with the
goal of providing the business with resources that make their business more effective
and/or provide growth opportunities.
PROGRAM OUTCOME
The primary goal of the program is to provide support to small businesses in Corpus
Christi that will encourage growth, retention, economic development, and job creation. The
project goal is to create a 10% new job "return on investment "; for 70 internships they
expect to create at least 7 new jobs over a 24 month period. A secondary benefit of the
program will provide "real world" work experiences for students at a living wage with the
potential for full -time employment following graduation. The anticipated intern lumbers
are as follows: 15 for spring 200 8, 25 for fall 2008, and 30 for spring 2009. In addition,
TA MUCC will hire 2 half-time intern positions for 3 semesters within the Office of Career
Services to assist with administration and evaluation of the program.
PERFORMANCE REQUIREMENTS
TAMUCC will screen small businesses to establish that the intern positions are "real"
professional positions related to the student's area of expertise. Both businesses and
students will be evaluated at the completion of the internship. Businesses will be required
to report growth and additional job data for a two -year period following the completion of
the initial internship. Businesses may qualify for additional interns on the condition of
growth and job creation. TAMUCC UCC will provide reports to the Economic Development
Office regarding participation numbers, small businesses assisted, expenditures, in -kind
and matching contributions, job creation, and program outcomes.
BUDGET
Line Item
Proposed Budget
In -Kind
$39,037 (Note 2)
Salaries and Wages
$125,712 Note 1
Benefits
217
In -Kind Contributions
107,520 (Note
146,557
Total
- ,
$ 25,923
Budget Notes:
(1) $107,520 of the $125,712 budgeted for salaries and wages are the funds to be
used to match the small business employer's contributions to intern wages
($5.85 /hour for spring 2008, $655/hour for fall 2008 & spring 2009). The only
administrative cost is $1 8,409 for two student interns to assist with managing and
evaluating the program.
(2) University personnel will administer the program at their expense; there will be no
indirect (overhead) charged on this project.
(3) Employers will provide an equal match for intern wages.
PAYMENT REIMBURSEMENT
Texas A&M University- Corpus Christi will pay the intern match in -house and submit
monthly reimbursement invoices to the City.
Page 1 of
A RESOLUTION
APPROVING A PERFORMANCE BASED AGREEMENT
BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB
DEVELOPMENT CORPORATION (4A BOARD) AND TEXAS
ABM UNIVERSITY— CORPUS CHRISTI GRANTING 5125,929 IN
BUSINESS INCENTIVES FOR THE OPERATION OF AN INTERN
PROGRAM TO ASSIST SMALL BUSINESSES IN CORPUS
CHRISTI
WHEREAS, there is
a need for an agreement between the Corpus Christi
and Job Development Corporation and Texas A &III Universit —Cor u B u�s� Hess
Christi A&M-CC) to grant $'1 25,929 in business incentives to A&M-CC for a
student intern program to assist small businesses in Corpus Christi.
NOW, THEREFORE,
IT RESOLVED Y THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. That performance erformance based agreement between the Corpus Christi
Business and Development is
evelo rent Cor oration Board) and A &M -CC, which �s
attached hereto, is approved.
ATTEST:
Armando Chapa
City Secretary
APPROVED as to form: December 5, 2007
tar.. L � r
e4 ry . Smith
Assistant City Attorney
For the City Attorney
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
I- A EG -DI 1 hared\ aryl\ nda1 007112 -11 Res-A M lncentives.dcc
Page 2 o 2
Corpus Christi, Texas
of 2007
0
The
above resolution was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel'
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McC tc on
H EG-DI ‘ 1 7 r a agenda4 200 12-1 1\ `7- Inc l i ivesidO
AGREEMENT TO GRANT BUSINESS INCENTIVES To
TEXAS A&M UNIVERSITY— CORPUS CHRISTI
FOR SMALL BUSINESS ASSISTANCE
This Agreement to Grant Business Incentives for Small Business Assistance ("Agreement") is
entered into by and between the Corpus Christi Business and Job Development Corporation
("Corporatiori), a Texas nonprofit corporation organized under .A.C.S. Art. 5190.6, Sec. 4A,
with mailing address of 1 201 Leopard Street, Corpus Christi, Texas, 78401, and Texas A&M
University— Corpus Christi, "TA 1U -CC' , a Texas institution of higher education, with
principal place of business at 6300 Ocean Drive, Corpus Christi, Texas 78412.
1. BACKGROUND
1.1 Purpose of Agreement. Corporation is a tax - supported non - profit corporation, whose
primary income is from sales tax collected within the City of Corpus Christi and dedicated
exclusively to economic development. This sales tax supporting Corporation is authorized as
a local option under Texas Revised Civil Statutes, Art. 51 90.8, Sec. 4A. Corporation exists
for the primary purpose of developing, stabilizing, diversifying, and expanding the Corpus
Christi economy through the retention, expansion, and recruitment of employment
opportunities in order to benefit the citizens of Corpus Christi and the surrounding areas.
1.2 Project. The project and performance requirement to be implemented by means of this
agreement are generally described as follows:
Assistance to small businesses by providing access to students who will serve as interns in
professional level positions. The small business will pay the student intern minimum wage
(currently $8.85 per hour, adjusting to $6.55 per hour in July 2008) and TAMUCC will match
the small business contribution. Interns would be selected based on the needs of the small
business with the goal of providing the business with resources that make the business more
effective and/or provide growth opportunities. The primary goal of the program is to provide
support to small businesses in Corpus Christi that will encourage growth, retention, economic
development and job creation. The project goal is create a o% new job "return on
investment." For 70 internships, it is expected that at least 7 new jobs will be created over a
24 month period. A secondary benefit of the program is providing internship opportunities for
students, real -world experience while making a living wage without working extended hours
and developing potential full -time employment opportunities following graduation.
The program will commence in the spring semester of 2008, continuing through the fall
semester of 2008, and concluding with the spring semester of 2009. Seventy intern positions
are to be provided. The grant amount is $125929, with $107,520 being used for intern
matching funds which will be equally matched by the small businesses' contributions. The
$18,409 is for two half -time intern positions for three semesters within the Office of Career
Services to assist with administration and evaluation of the program. It is anticipated that 15
interns will be used in spring semester of 2008, 25 interns in the fall semester of 2008, and
30 interns in the spring semester of 2009. The performance requirements shall be
continuously maintained during the entire term of this agreement.
NOW, THEREFORE, in consideration of the premises and of the mutual covenants,
warranties, and agreements of the parties, it is agreed as follows:
Page 1 of 18
I!. ECONOMIC BENEFITS AND INCENTIVES AND PERFORMANCE REQUIREMENTS
2.1 BY THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION
.1 Money Grant: Corporation will convey by grant to TAMU-CC a total of
one Hundred Twenty -five Thousand Nine Hundred Twenty-nine Dollars
$125, 29 00 , as set forth in Schedule A, subject to the performance requirements of
TAMU-CC and the conditions precedent as set forth in Schedule A. The performance
requirements shall be continuously maintained during the entire term of this
agreement.
Failure by Corporation to timely and fully comply with any performance requirement
shall be an act of default by Corporation giving TAMU-CC, as its sole remedy, the right
to the contracted amount to be conveyed and further being limited to the terms and
conditions contained in Article VII, paragraph 7.1, hereof.
SCHEDULE A
TAMU -CC's CONDITIONS
S
PRECEDENT AND
PERFORMANCE
REQUIREMENTS
TAMU -CC's TIME OF
PERFORMANCE
MANCE
CORPORATION's
PERFORMANCE
REQUIREMENTS
Placement er ent of approximately January 15 through May
15 interns with small 2008
businesses in Corpus Christi,
placement based on the
needs of the small business
with the goal of providing the
business with resources that
make the business more
effective and/or provide
growth opportunities. The
primary goal of the program
is to provide support to small
businesses in Corpus Christi
that will g
encourage growth,
retention, economic
development and job
creation. Employment of tvo
interns for 20 hours per week
and 12 weeks per semester
during the Spring Semester
of 2008, within the Office of
Career Services to assist with
administration and evaluation
An amount not to exceed
$26,743 payable in monthly
installments based upon
invoices received from
TAMU-CC
H :LegDir /gws1EcoDevTAMU- /Draftlnc ntfv 4A 0711 071114clean
Page 2 of 18
I of the program. -
I
- -- - - - --
- - - --
Placement of a pro imately
August 15 through December
An amount not to exceed
25 interns with small
15, 2008
$45,08455 payable in
businesses in Corpus Christi,
placement based on the
monthly installments based
upon invoices received from
needs of the small business
with the goal of providing the
business with resources that
make the business more
effective and/or provide
growth opportunities. The
primary goal of the program
is to provide support to small
businesses in Corpus Christi
that will encourage growth,
retention, economic
development and job
creation. Employment of two
interns for 20 hours per week
and 12 weeks per semester
during the Spring Semester
of 2008, within the Office of
TAMU-CC
Career Services to assist with
administration and evaluation
of the program.
Placement of approximately
January 15 through May 15,
An amount not to exceed
30 interns with small
2009
$54,101.45 payable in
businesses in Corpus Christi,
placement based on the
monthly installments based
upon invoices received from
needs of the small business
with the goal of providing the
business with resources that
make the business more
effective and/or provide
growth opportunities. The
primary goal of the program
is to provide support to small
businesses in Corpus Christi
that will encourage growth,
retention, economic
development and job
creation. Employment of two
interns for 20 hours per week
and 12 weeks per semester
during the Spring Semester
of 2009, within the Office of
TAMU-CC
Career Services to assist with
--
H:LegC it /gws /EcoDevT MU- CC/Draf#In ntiv 07111 Ian
Page 3 of 18
administration and evaluation
of the program.
2.2 INVESTMENT BY TAMU-CC
TAMU-CC is not required to make any capital investment, but shall provide the
performance requirements set forth in Schedule E.
Failure by TAMU-CC to timely and fully comply and to continue to comply with any
performance requirement of this agreement shall be an act of default.
SCHEDULE B - --
TAIU cc's PEFOFMANCE I
REQUIREMENTS
TAMU -cc's TIME OF PERFORMANCE
Beginning January 15, 2008 and continuing
during the spring and Fall Semesters of 2008
and the Spring- Semester of 2009.
Providing administrative oversight and direct
supervision for the placement of interns in the
small business employer program.
.2 Employment:
TAMU-CC shall comply with the employment requirements set forth in Schedule C.
Failure by TAMU-CC to timely and fully comply and to continue to comply with any
performance requirement of this agreement shall be an act of default.
SCHEDULE C -
TAMU-CC's PERFORMANCE MANCE
REQUIREMENTS
TAMU -cc's TIME OF PERFORMANCE
Create and maintain not less than two intern
January 15 through May 15, 2008
(2) employment positions to assist in the
small business employer intern program for
its facility in Corpus Christi, Nueces County,
Texas, with an hourly wage of $11.70 per
hour, plus personnel costs during the Spring
Semester of 2008.
Create and maintain not less than two intern
August 15 through December 15, 2008 and
(2) employment positions to assist in the
small business employer intern program for
its facility in Corpus Christi, Nueces County,
January 15 through May 15, 2009
f:LegDirlgws /E oDevT MU- /Draftin entive 4A 07111 clean
Page 4 of 18
1 Texas, with an hourly wage of $13.10 per
hour plus personnel costs during the Fall
Semester of 2008 and Spring Semester of
[2009.
111. REPORTING AND MONITORING
3.1 Reports and Monitoring: TAMU-CC agrees to the following reporting and monitoring
provisions, and failure to fully and timely comply with any one requirement shall constitute an
act of default.
.1 TAMU-CC shall provide a report at the end of each semester certifying the
status of compliance through the life of the agreement. Documentation for jobs may
be in the form of quarterly IRS 941 returns, TAMU -CC employer Quarterly Reports, or
employee rosters that show the hours worked and the positions filled, and such other
reports as may reasonably be required.
.2 TAMU-CC, during normal working hours, at its corpus Christi, Texas, facility,
shall allow Corporation and its designee, Corpus Christi Regional Economic
Development Corporation, reasonable access to TAMU-CC's employment records and
books, to verify employment and all other relevant records related to each of the other
economic development considerations and incentives, as stated in this agreement, but
the confidentiality of such records and information shall be maintained by Corporation
and its designee, Corpus Christi Regional Economic Development Corporation, unless
such records and information shall be required by a court order, a lawfully issued
subpoena, or at the direction of the ice of the Texas Attorney General.
11. COVENANTS, WARRANTIES, OBLIGATIONS AND DUTIES
4.1 TAMU-CC makes the following covenants and warranties to Corporation, and agrees to
timely and fully perform the following obligations and duties. Any false or substantially
misleading statement contained herein or failure to timely and fully perform as required in this
agreement shall be an act of default by TAMU-CC. Failure to comply with any one covenant
or warranty shall constitute an act of default by TAMU-CC.
.1 No litigation or governmental proceeding is pending or, to the knowledge of TAW-
cc or TAMU -CC's officers, threatened against or affecting TAMU -CC that may result
in any material adverse change in TAMU -CC's business, properties, or operations. No
consent, approval or authorization of or registration or declaration within any
governmental authority is required in connection with the execution of this agreement
or the transactions contemplated hereby.
.2 No certificate, statement or information provided by TAMU -CC to corporation or the
City of Corpus Christi in connection with any transaction contemplated hereby,
contains any untrue statements or fails to state any fact necessary to keep the
statements contained therein from being misleading.
H:LegDir /gw /EcoDevTAMu- cc /DraftIncentive 4A 071 11 clean
Page 5 of 18
.8 To the best of its knowledge, ledge, TAM -CC has acquired and maintained all necessary
rights, licenses, permits, and authority to carry on its business operations in Corpus
Christi, Texas, and will continue to use its best efforts to maintain all necessary rights,
licenses, permits and authority.
.4 The funds herein granted shall be utilized solely for the purpose of offsetting the
cost of creating and maintaining the intern assistance for small businesses through
TAN AU-CC's Corpus Christi facility.
. 5 TAMU -CC shall continue its full -time business activities on its property in Corpus
Christi, Texas, including maintaining its employment and investment requirements at
all times throughout the term of this agreement.
. 6 TAMU -CC shall complete the project required by this Agreement and shall provide
and staff the required employment positions, investment, and other economic
development considerations described in this Agreement.
.7 TAMU -CC shall timely and fully comply with all of the terms and conditions of this
Agreement.
. 8 TAMU-CC shall notify Corporation in writing of substantial changes in management
within seven days. Substantial changes mean changes in Chairman of the Board,
President, C.E.O. or area management.
.9 TAMU-CC has received a copy of the Texas Development Corporation Act of 1979,
Art. 5190.6, Vernon's Texas Revised Civil Statutes, and acknowledges that the funds
granted in this Agreement must be utilized solely for purposes authorized under State
law and by the terms of this Agreement.
. 10 In the event it is determined by Corporation or City of Corpus Christi that funds
provided under this Agreement were not used in accordance with State law, then
TAMU -CC agrees to repay such funds to the Corporation within 30 days of written
notice requesting reimbursement.
.11 If an audit determines that the funds were not used for authorized purposes ,
TAMU-CC agrees to reimburse Corporation for the sums of money spent for purposes
not authorized by law within 30 days written notice requesting reimbursement.
.12 There are no bankruptcy proceedings currently pending concerning TAMU -CC,
nor are any such proceedings contemplated by TAMU-CC, as of the date of execution
of this Agreement by TAMU -CC.
.13 TAMU-CC will not discriminate nor permit discrimination against any person or
group of persons, with regard to employment and the provision of services at, on, or in
the Facility, on the grounds of race, religion, national origin, marital status, sex, age,
disability, or in any manner prohibited by the laws of the United States or the State of
Texas.
H:LegDirlgws /E oDevTAMU- /Draft In entive 4A 071 1 l4 le n
Page 6 of 18
.14 TAMU -CC agrees to provide information, reports, or statements respecting its
business operations and financial condition as Corporation may reasonably request
from time to time.
4.2 All representations, warranties, covenants and agreements of the parties, as well as any
rights and benefits of the parties pertaining to the transaction contemplated hereby, shall
survive the original execution date of this agreement.
V. SUSPENSIONS/TERMINATIONS
51 Corporation, under the following circumstances, and at its sole discretion, may suspend
its obligations under this agreement or terminate this agreement, without liability to TAMU-
cc, upon any one of the following events, which are an act of default.
. 1 The appointment of a receiver of TAMU-CC, or of all or any substantial part of its
property, and the failure of such receiver to be discharged within sixty (60) days
thereafter.
.2 The adjudication of TAMU -CC as bankrupt.
. 3 The filing by TAMU-CC of a petition or an answer seeking bankruptcy, receivership,
reorganization, or admitting the material allegations of a petition filed against it in any
bankruptcy or reorganization proceeding.
VI. DEFAULT
6.1 Events of Default. Should TAMU-CC fail to timely, fully and completely comply with any
one or more of the requirements, obligations, duties, terms, conditions or warranties of this
agreement such failure shall be an act of default by TAMU -CC and, if not fully and completely
cured and corrected within sixty days after written notice to do so, Corporation may
terminate this agreement and pursue all legal remedies as provided by law, provided
however that TABU -CC's liability under this agreement shall be limited to the termination of
all further obligations on behalf of corporation under this agreement. Corporation shall not
be liable to TAMU -CC for any alleged consequential damages. Additionally, the following
events shall constitute a default of this Agreement:
.1 The Corporation or City determines that any representation or warranty on behalf of
TAMU-CC contained in this Agreement or in any financial statement, certificate, report,
or opinion submitted to the Corporation in connection with this Agreement was
incorrect or misleading in any material respect when made;
.2 Any judgment is assessed against TAMU -CC or any attachment or other levy
against the property of TAMU-CC with respect to a claim remains unpaid,
undischarged, or not dismissed for a period of 30 days.
.3 If taxes on the Facility become delinquent, and TAMU-CC fails to timely and
properly follow the legal procedures for protest or contest.
.4 TAMU -CC changes the general character of business as conducted of the date this
Agreement is approved by the Corporation.
H :LegDir /gws /EcoDevTAMU -CC /Dr ftincentive 4A 07111 clean
Page 7 of 18
.5 Foreclosure or sale of the Facility.
6.2 Any delay for any amount of time by Corporation in providing notice of default to
TAMU-CC shall in no event be deemed or constitute a waiver of such default by Corporation
of its rights and remedies available under this agreement, or in law or equity.
6.3 Any waiver granted by Corporation to TAMU-CC of any covenant or condition, the
breach of any covenant or condition of this Agreement, or of an act of default shall not be
deemed or constitute a waiver of any other existing or future breach of a covenant or
condition, or act of default by TABU -CC or of a subsequent breach of the same covenant or
condition or act of default of the same act or event by TAMU -CC.
6.4 No waiver of any covenant or condition, or the breach of any covenant or condition of
this Agreement, justifies or authorizes the nonobservance on any other occasion of the
covenant or condition or any other covenant or condition of this Agreement.
6.5 Any waiver or indulgence of TA MU-CC's default may not be considered an estoppel
against the Corporation.
6.6 Results of Uncured Default. After exhausting good faith attempts to address any
default during the Cure Period, and taking into account any extenuating circumstances that
might have occurred through no fault of TAMU -CC, as determined by the Board of Directors
of the Corporation, the following actions must be taken for any default that remains uncured
after the Cure Period:
.1 TAMU -CC shall pay Corporation reasonable attorney fees and costs of court to
collect amounts due to Corporation.
.2 The Corporation shall have no further obligations to TAMU-CC under this
Agreement.
.3 Neither the City nor the Corporation may be held liable for any consequential
damages.
.4 The Corporation may pursue all remedies available under law.
6.7 TAMU-CC shall give Corporation written notice of any act of default by corporation,
and Corporation shall have thirty (30) days after receipt of the notice to cure the default.
Failure by Corporation to timely and fully cure the act of default shall permit TAMU-CC to
pursue its legal remedies as provided in this agreement.
II. CORPORATION'S LIABILITY LIMITATIONS
7.1 Payments: TAMU -CC specifically agrees that Corporation shall only be liable to
TAMU-CC for the actual amount of the money grants to be conveyed to TAMU-CC and shall
not be liable to TAMU-CC for any other actual or consequential damages, direct or indirect,
interest, attorney fees, or costs of court for any act of default by Corporation under the terms
of this agreement. It is further specifically agreed that Corporation shall only be required to
pay the grant amounts solely out of its sales tax revenue currently collected, allocated and
budgeted and to be allocated, budgeted and collected for TAMU-CC during the term of this
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Page 8 of 18
agreement. Payment by Corporation is strictly limited to those funds so allocated, budgeted
and collected solely during the grant term of this agreement, being January 1, 2008, through
June 15, 2009. Corporation shall use its best efforts to anticipate economic conditions and to
budget accordingly. However, it is further understood and agreed that, should the actual total
sales tax revenue collected for any one year be less than the total amount of grants to be
paid to all contracting parties with Corporation for that year, then in that event, all contracting
parties shall receive only their pro rata share of the available sales tax revenue for that year,
less Corporation's customary and usual costs and expenses, as compared to each
contracting parties' grant amount for that year, and Corporation shall not be liable to TAIIU-
Go for any such deficiency at that time or at any time in the future. In this event, Corporation
will provide all supporting documentation, as requested. Payments to be made to TAMU-CC
shall also require a written request from TAMU-CC to be accompanied by all necessary
supporting documentation. Corporation shall have thirty 30_days to make payment after
receipt of such payment request. The payment request should be directed to the address
provided for Corporation below.
VIII. DEFINITIONS
As used in this agreement, the following words or phrases shall have the following meanings:
8.1 City of Corpus Christi or City shall mean the governing municipal corporation, the area
that is within the city limits of the City of Corpus Christi, Texas.
8.2 Compliance shall mean timely, fully and completely performing or meeting each and
every requirement, obligation, duty, condition, or warranty as stated in this agreement.
Compliance shall mean complete compliance and shall not mean substantial compliance.
8.3 Act of Default shall mean failure to timely and fully comply with one or more
requirements, obligations, duties, terms, conditions or warranties, as stated in this
agreement. Corporation may, in its sole discretion, accept substantial compliance in lieu of
full compliance by waiving such act of default solely by an instrument in writing.
8.4 Insolvent shall mean failure to timely pay debts in the ordinary course of business or
cannot pay debts as they become due, or is insolvent within the meaning of the federal
bankruptcy law.
8.5 Force Majeure shall mean severe weather such as tornadoes or flooding, wars, riots
and the unavailability of necessary and essential equipment and supplies from all sources.
IX. GENERAL TERMS
9.1 Effective Date. The effective date of this Agreement ("Effective Date") is the latest
date that either party executes this Agreement.
9.2 Term. The term of this Agreement is eighteen months from the Effective Date.
9.3 Termination. This Agreement may be terminated by mutual agreement of the parties
or by either party, upon the failure of the other party to fulfill an obligation as set forth herein.i
The termination of this Agreement shalt extinguish all rights, duties, obligations, and liabilities
H :LegDlrl ws /EcoDevT MU- /Draftincentiv 4A 0711 14 lean
Page 9 of 18
of the parties under this Agreement, except all rights, duties, liabilities, and obligations
accrued prior to such termination shalt survive termination.
9.4 Compliance with Laws. This Agreement is subject to all legal requirements in the City
Charter and Code of Ordinances of the City of Corpus Christi and all other applicable county,
state, and federal laws. TAMU-CC shall observe and obey all applicable laws, ordinances,
regulations, and rules of the Federal, State, County and City governments, as may be
amended or enacted. This Agreement shall be governed by and construed in accordance
with the laws and court decisions of the State of Texas.
9.5 Assignment. This Agreement shall be binding upon the parties hereto and their
successors and assigns. However, TAMU-CC may not assign all or any part of its rights,
privileges, or duties under this Agreement without the prior written approval of the
Corporation and City. Any attempted assignment without approval is void, and constitutes a
breach of this Agreement.
9.6 Indemnity. To the extent permitted by law, TAMU-CC will indemnify, save, and
hold harmless the Corporation, the City, their respective officers, employees, and
agents "lndemnitees' against all liability, damage, loss, claims, demands, and
actions of any kind on account of personal injuries (including, without limiting the
foregoing, workers' compensation and death claims), or property loss or damage of
any kind, which arise out of or are in any manner connected with, or are claimed to
arise out of or be in any manner connected with TAMU-CC activities conducted under
or incidental to this Agreement, including any injury, loss or damage caused by the
sole or contributory negligence of any or all of the indemnitees. TAMU-CC must, at its
own expense, investigate all those claims and demands, attend to their settlement or
other disposition, defend all actions based on those claims and demands with counsel
satisfactory to lndemnitees, and pay all charges of attorneys and all other costs and
expenses of any kind arising from the liability, damage, loss, claims, demands, or
actions.
9.7 Buy Local Provision. TAMU-CC agrees to use its best efforts to give preference and
priority to local manufacturers, suppliers, contractors, and labor, except where not reasonably
possible to do so without added expense, substantial inconvenience, or sacrifice in operating
efficiency. For the purposes of this section, the term "local" as used to describe
manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who
reside in or maintain an office within a 50 -mile radius of Nueces County.
9.8 Notices.
a. Any required written notices shall be sent mailed, certified mail, postage prepaid,
addressed as follows:
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Page l° of 18
Texas A&M University —Corpus Christi:
TAM -CC
c/o Jim Needham
Dean of Community Outreach
6300 Ocean Drive, NRC 2200
Corpus Christi, Texas 78412
Corporation:
City of Corpus Christi
Business and Job Development Corporation
Attn: Executive Director
1201 Leopard Street
Corpus Christi, Texas 78401
b. A copy of all notices and correspondence must be sent to the City at the following
address:
City of Corpus Christi
Attn.: City Manager
P.O. Box 9277
Corpus Christi, Texas 78469 -9277
e. Notice is effective upon deposit in the United States mail in the manner provided
above.
9.9 Incorporation of other documents.
a. The Corpus Christi Business & Job Development Corporation Guidelines & Criteria
for Granting Business Incentives ("Corporation Guidelines"), adopted September 18,
2007, are incorporated into this Agreement.
b. TAMU CC application submitted to the Corporation for business incentives
("Application") is incorporated into this Agreement.
c. If there is any conflict in the terms of these documents, the following order controls:
(i) This Agreement, (ii) Corporation Guidelines, (iii) Application.
9.10 Amendments or Modifications. No amendments or modifications to this Agreement
may be made, nor any provision waived, unless in writing signed by a person duly authorized
to sign agreements on behalf of each party.
9.11 Relationship of Parties. In perforrx ing this Agreement, both the Corporation and
TAMU -CC will act in an individual capacity, and not as agents, representatives, employees,
employers, partners, joint - venturers, or associates of one another. The employees or agents
of either party may not be, nor be construed to be, the employees or agents of the other party
for any purpose.
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9.12 Captions. The captions in this Agreement are for convenience only and are not a part
of this Agreement. The captions do not in any way limit or amplify the terms and provisions
of this Agreement.
9.13 Severability.
.1 if for any reason, any section, paragraph, subdivision, clause, provision, phrase or
word of this Agreement or the application of this Agreement to any person or
circumstance is, to any extent, held illegal, invalid, or unenforceable under present or
future law or by a final judgment of a court of competent jurisdiction, then the
remainder of this Agreement, or the application of the term or provision to persons or
circumstances other than those as to which it is held illegal, invalid, or unenforceable,
will not be affected by the law or judgment, for it is the definite intent of the parties to
this Agreement that every section, paragraph, subdivision, clause, provision, phrase,
or word of this Agreement be given full force and effect for its purpose.
.2 To the extent that any clause or provision is held illegal, invalid, or unenforceable
under present or future law effective during the term of this Agreement, then the
remainder of this Agreement is not affected by the la, and in lieu of any illegal,
invalid, or unenforceable clause or provision, a clause or provision, as similar in terms
to the illegal, invalid, or unenforceable clause or provision as may be possible and be
legal, valid, and enforceable, will be added to this Agreement automatically.
9.14 Venue. Venue for any legal action related to this Agreement is in Nueces County,
Texas. TAMU -CC consents to, and waives any objections to, in personum jurisdiction in
Nueces County, Texas. This agreement and the relationship between Corporation and
TAMU-CC shall be governed and interpreted under the laws of the State of Texas without
regard to any conflict of laws or provisions.
9.15 Sole Agreement. This Agreement constitutes the sole agreement between the
Corporation and TAMU -CC. Any prior agreements, promises, negotiations, or
representations, verbal or otherwise, not expressly stated in this Agreement, are of no force
and effect. Except as otherwise provided herein, this Agreement cannot be modified or
amended without a written agreement of the parties.
9.16 Counterparts. This Agreement may be executed in any number of counterparts, each
of which shall be deemed an original and constitute one and the same instrument.
.1 Representation. Corporation represents that no Corporation board member or
employee, City of Corpus Christi officer or employee, has been or will be compensated in any
manner with respect to directly or indirectly bringing the parties hereto together, agreement
negotiations, or the entering into of this Agreement. In no event will TAMU -CC pay a fee to
or in any manner compensate any Corporation board member or employee, City of Corpus
Christi officer or employee, in connection with the acceptance of this Agreement. A breach of
this provision 1 0.17) shall result in automatic and immediate termination of this Agreement,
and shall be an act of default by TAMU-CC.
9.18 Other Contracts. It is understood by TAMU -CC that Corporation has heretofore
entered, and may hereafter enter, into contracts with other companies or persons upon terms
H:LegDirfgwsfEcoDevTAMU- /Draftlncentive 4A 0711 l4clean
Page 12 of 18
and conditions different from the terms and conditions of this Agreement, and TAMU-CC has
no standing to object whatsoever to any such contracts or require any modifications or
changes to its Agreement due to such other agreements.
9.19 Corporation, its officers and employees, and its agents or contractors retained to
perform economic development services for Corporation, shall treat as confidential the
financial statements of TAM -CC and shall not release such information to the public, unless
required by law or court order. Corporation shall immediately notify TAMU-CC of requests or
court orders to release such information.
9.20 All representations, warranties, covenants and agreements of the parties, as well as
any rights and benefits of the parties pertaining to the transaction contemplated hereby, shall
survive the original execution date of this agreement.
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Page 13 of
EXECUTED on the date shown opposite the signature of each party.
Corpus Christi Business & Job Development Corporation
By:
Eloy Salazar, Chairperson
Date:
Attest
By:
Armando Chapa, Assistant Secretary
Approved as to lorm: laas...
Assistant City Attorney
For City Attorney
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Texas A &M University—Corpus Christi
By:
Harvey Knoll, Associate Vice President for Research and scholarly Activity
Date:
Attest:
By:
Title:
The State of Texas§
County of Nueces§
Before me, (Notary's name), on this day
personally appeared Harvey Knuli, Associate Vice President for Research and Scholarly
Activity, Texas A &M University—Corpus Christi, known to me to e the person whose name
is subscribed to the foregoing instrument and acknowledged to me that he executed the
same in the capacity stated as the act of Texas A &M University -- Corpus Christi, for the
purposes and consideration expressed in the instrument.
Given under my hand and seal of office this the day of , 2007.
Notary Public, State of Texas
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Page 15 of 18
SCHEDULES
SCHEDULE A
TAMU-CC's CONDITIONS
PRECEDENT AND
PERFORMANCE
REQUIREMENTS
TAMU -CC's TIME OF
PERFORMANCE
CORPORATION's
PERFORMANCE
REQUIREMENTS
Placement of approximately
15 interns with small
businesses in Corpus Christi,
placement based on the
needs of the small business
with the goal of providing the
business with resources that
make the business more
effective and/or provide
growth opportunities. The
primary goal of the program
is to provide support to small
businesses in Corpus Christi
that will encourage growth,
retention, economic
development and job
creation. Employment of two
interns for 20 hours per week
and 12 weeks per semester
during the Spring Semester
of 2008, within the Office of
Career Services to assist with
administration and evaluation
of the program.
January
2008
5 through May 15,
An amount not to exceed
$26743 payable in monthly
installments based upon
invoices received from
TAMU-CC
Placement of approximately
25 interns with small
businesses in Corpus Christi,
placement based on the
needs of the small business
with the goat of providing the
business with resources that
make the business more
effective and/or provide
growth opportunities. The
primary goal of the program
is to provide support to small
businesses in Corpus Christi
that will encourage growth,
retention, economic
August 15 through December
15, 2008
An amount not to exceed
$45,084.55 payable in
monthly installments based
upon invoices received from
TAM -CC
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Page 1of18
development and job
creation. Employment of two
interns for 20 hours per week
and 12 weeks per semester
during the Spring Semester
of 2008, within the Office of
Career Services to assist with
administration and evaluation
'of the program.
TAP AU-CC's PERFORMANCE CE
REQUIREMENTS
Placement of approximately
January 18 through May 15,
In amount not to exceed
30 interns with small
2009
$54,101.5 payable in
businesses in Corpus Christi,
placement based on the
monthly installments based
upon invoices received from
needs of the small business
with the goal of providing the
business with resources that
make the business more
effective and/or provide
growth opportunities. The
primary goal of the program
is to provide support to small
businesses in Corpus Christi
that will encourage growth,
retention, economic
development and job
creation. Employment of two
interns for 20 hours per week
and 12 weeks per semester
during the Spring Semester
of 2009, within the Office of
TAMU-CC
Career Services to assist with
administration and evaluation
of the program.
SCHEDULE B
TAP AU-CC's PERFORMANCE CE
REQUIREMENTS
I TAMU -cc's TIME of FERF�RMANCE
Providing administrative oversight and direct
supervision for the placement of interns in the
small business employer program.
Beginning January 15, 2008 and continuing
during the Spring and Fall Semesters of 2008
and the Spring- Semester of 2009.
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Page 17 of 18
SCHEDULE C
T MU ;cc's PERFORMANCE
REQUIREMENTS
T I AU -cc's TIME OF PERFORMANCE
Create and maintain not less than two intern
(2) employment positions to assist in the
small business employer intern program for
its facility in corpus Christi, Nueces County,
Texas, with an hourly wage of $11.70 per
hour, plus personnel costs during the Spring
Semester of 2008.
January 15 through May 15, 2008
Create and maintain not less than two intern
(2) employment positions to assist in the
small business employer intern program for
its facility in Corpus Christi, Nueces County,
Texas, with an hourly wage of $13.10 per
hour plus personnel costs during the Fall
Semester of 2008 and Spring Semester of
2009.
August 15 through December 15, 2008 and
January 15 through May 15, 2009
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Page 18 of 18
Page 1 of 2
A RESOLUTION
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE A PROJECT AGREEMENT WITH THE CORPUS
CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION
REGARDING IMPLEMENTATION AND ADMINISTRATION OF
THE AGREEMENT TO GRANT BUSINESS INCENTIVES TO
TEXAS ABM UNIVERSITY -- CORPUS CHRISTI FOR AN INTERN
PROGRAM TO ASSIST SMALL BUSINESSES IN CORPUS
CHRISTI
WHEREAS, there is a need for a project agreement between the City of Corpus
Christi and the Corpus Christi Business and Job Development Corporation for
the implementation and administration the business incentive agreement with
Texas A&M University—Corpus Christi (ABM -DD ) for an intern program to assist
small businesses in Corpus Christi.
NOW, THEREFORE, BE IT RESOLVED E Y THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. That the City Manager or his designee is authorized to execute the
project agreement between the City of Corpus Christi and the Corpus Christi
Business and Job Development Corporation for the implementation and
administration of the business incentive agreement with A M CC for an intern
program to assist small businesses in Corpus Christi, which is attached hereto.
ATTEST:
Armando Chapa
City Secretary
APPROVED as to form: December 5, 2007
t7ik,
=r. Smith
Assistant City Attorney
For the City Attorney
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
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Page 2 of 2
Corpus Christi, Texas
of , 2007
The above resolution was passed by the following vote:
Henry Garret
Melody Cooper
Larry Ell on o, Sr.
Mike Hummel' _ -.,..,
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
H:1LEG -DI \ bared \Gary lagefndal 00711 -'1I1 es -Proje tAgmt- B - ASSM.do
BUSINESS INCENTIVES PROJECT AGREEMENT
T
This Business Incentives Project Agreement ("Project Agreement") is entered into
between the Corpus Christi Business and Job Development Corporation ("Corporation")
and the City of Corpus Christi, Texas "City #.
WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas
Revised Civil Statutes (Development Corporation Act of 1979) empowered local
communities with the ability to adopt an optional local sales and use tax as a means of
improving the economic health and prosperity of their citizens;
WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ("City")
passed Proposition 2, New and Expanded Business Enterprises, which authorized the
adoption of a sales and use tax for the promotion and development of new and
expanded business enterprises at the rate of one - eighth of one percent to be imposed
for 15 years,
WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 was
subsequently enacted by the City Council and filed with the State Comptroller of Texas,
effective April 1, 2003, to be administered by the Corporation's Board of Directors;
WHEREAS, EAS, the Corporation exists for the purposes of encouraging and assisting
entities in the creation of jobs for the citizens of Corpus Christi, Texas;
WHEREAS, the Board of Directors of the Corporation ("Board"), on September 10,
2007, amended the Corporation's Guidelines and Criteria for Granting Business
Incentives;
WHEREAS, Section 21 of the Texas Development Corporation Act of 1979, Art. 5190.6,
Vernon's Texas Revised Civil Statutes, requires the City Council to approve all
programs and expenditures of the Corporation;
WHEREAS, the City Council approved the Corporation's amended Guidelines and
Criteria for Granting Business Incentives on September 18, 2007;
WHEREAS, Texas A &M _University—Corpus Christi has submitted a proposal to the
Corporation to request business incentives of approximately $125,929 to be used to
assist Texas A &M University -- Corpus Christi in its operation of the internship program to
assist small business employers in the City of Corpus Christi;
WHEREAS, the Board has determined that it is in the best interests of the citizens of
Corpus Christi, Texas that business incentives be offered to Texas A &M University- -
Corpus Christi
WHEREAS, the Corporation and Texas A&M University -- Corpus Christi have executed
an agreement to grant business incentives to Texas A&M University -- Corpus Christi for
the creation of jobs to assist small business employers (Business Incentives
Agreement).
TAMUCC Project Agreement 4A -City 07111 .doc
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Page 1 of 3
in consideration of the covenants, promises, and conditions stated in this Project
Agreement, the Corporation and the City agree as follows:
1. Project Agreement to Implement Business Incentives Agreement. This Project
Agreement between the City and the Corporation is executed to implement the
Agreement to Grant Business Incentives to Texas A&M University—Corpus Christi for
the Creation of Job to assist small business employers between the Corporation and
Texas A &M University -- Corpus Christi
2. Term. The term of this Project Agreement runs concurrently with the term of the
Business Incentives Agreement.
3. Services to e Provided by City.
a. The City Manager, or the City Manager's designee, shall administer funding
on behalf of the Corporation.
I. The City Manager, or the City Manager's designee, shall perform contract
administration responsibilities outlined in the Business Incentives Agreement for
the Corporation.
4. Appropriation of Funds. Any future payments by the City are subject to
appropriation of funds by City's Council.
5. Effective Date. The effective date of this Project Agreement is the latest date that
either party executes this Agreement.
6. Amendments or Modifications. No amendments or modifications to this Project
Agreement may be made, nor any provision waived, unless in writing signed by a
person duly authorized to sign agreements on behalf of each party.
7. Severa i lit .
a. If for any reason, any section, paragraph, subdivision, clause, provision,
phrase or word of this Project Agreement or the application of this Project
Agreement to any person or circumstance is, to any extent, held illegal, invalid, or
unenforceable under present or future law or by a final judgment of a court of
competent jurisdiction, then the remainder of this Project Agreement, or the
application of the term or provision to persons or circumstances other than those
as to which it is held illegal, invalid, or unenforceable, will not be affected by the
law or judgment, for it is the definite intent of the parties to this Project
Agreement that every section, paragraph, subdivision, clause, provision, phrase,
or word of this Project Agreement be given full force and effect for its purpose.
b. To the extent that any clause or provision is held illegal, invalid, or
unenforceable under present or future law effective during the term of this Project
Agreement, then the remainder of this Project Agreement is not affected by the
law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a
TAIV1UCC Project Agreement 4A-City 071113.doc
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Page 2 of 3
clause or provision, as similar in terms to the illegal, invalid, or unenforceable
clause or provision as may be possible and be legal, valid, and enforceable, will
be added to this Project Agreement automatically.
8. Captions. The captions in this Project Agreement are for convenience only and are
not a part of this Project Agreement. The captions do not in any way limit or amplify the
terms and provisions of this Project Agreement.
The City of Corpus Christi Corpus Christi Business
Job Development Corporation
George K. Noe
City Manager
Date:
Attest
Armando Chapa
City Secretary
Date:
Approved as to Legal Form this 5 day of December, 2007.
5'1'24)
Ga Smith
Assistant City Attorney
for City Attorney
TAMUCC Project Agreement 4A-City 071113.doc
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Page 3 of 3
36
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: December 11, 2007
AGENDA ITEM:
A. Resolution approving a performance based agreement between the Corpus Christi
Business and Job Development Corporation (4A Board) and Del Mar College
granting $1 30,921 in business incentives for the operation of an intern program to
assist small businesses in Corpus Christi.
B. Resolution authorizing the City Manager or his designee to execute a project
agreement with the Corpus Christi Business and Job Development Corporation
regarding implementation and administration of the agreement to grant business
incentives to Del Mar College for an intern program to assist small businesses in
Corpus Christi.
ISSUE: To assist in the job development and growth of small businesses in the community.
PREVIOUS COUNCIL ACTION: None
CONCLUSION AND RECOMMENDATION: DATIOI : Staff recommends approval to grant business
incentives to Del Mar College i in the amount of $130,921 for an intern program to assist
small businesses in Corpus Christi.
deAfiater,
Irma Caballero
Director of Economic Development
BACKGROUND INFORMATION
The Economic Development Office presented a new project to the 4A Board consisting of
an Internship Program Partnership between Texas A &M University- Corpus Christi
(TAMUCC), Del Mar College and WorkSource.
The partnership program will assist small businesses by providing them access to students
who will serve as interns in professional level positions. The small businesses will pay the
student minimum wage and Texas A &M University- Corpus Christi and Del Mar College will
match the small business contribution with 4A funds. WorkSource will provide outreach
activities to support the Internship project proposed by TAMUCC and Del Mar College.
The program will be an 18-month project and include 3 semesters of intern support with
the following grant incentive:
• Del Mar College is requesting a total amount of $1 30,921; they will provide in -kind
contributions of $137,555.
Following is the Management and Operations Plan for Del Mar College:
Del Mar College-Amount requested $130921 • in -kind services $137,555
SERVICES
Del Mar College proposes to assist small businesses by providing access to students to
serve as interns in professional level positions. The small businesses will pay the student
interns $5.85 per hour for spring 2008 and $6.55 per hour for fail 2008 and spring 2009 for
a 19- hour work week. Del Mar College will match the small business contributions with 4A
funds. The student interns will earn $11.70 per hour for spring 200 8, $13.10 for fall 2008
and spring 2009. Interns will be selected based on the needs of the small business (s) to
provide these businesses with resources to increase efficiency ardor provide growth
opportunities.
PROGRAM OUTCOME
The goals of the projects are 1 to provide support to small businesses in Corpus Christi
to encourage business growth, retention, economic development, and create a 10% new
job "return on investment" (at 69 internships they expect to create at least 6 new jobs over
the project period) and (2) to provide `real- world" work experience for students at a living
wage and with the potential for full - time employment. The anticipated intern numbers are
as follows: 15 for spring 2008, 27 for fall 2008 and 27 for spring 2009. Del Mar College
will also hire 2 administrative interns to work with the Career Planning and Placement
Office at 19 hours per week and assist in coordination of the intern program.
PERFORMANCE REQUIREMENTS
The success of the program is important and must be measured in quantifiable and
defensible method. Career Advisors will screen small businesses to establish that the
intern positions are "real" professional positions related to the student's area of expertise.
Both businesses and students will be evaluated at the completion of the internship utilizing
a survey. Businesses will be required to agree to report growth and additional job data for
a two -year period following the completion of the initial internship. Businesses may qualify
for additional interns on the condition of growth and job creation. Del Mar College will
provide reports to the Economic Development Office regarding participation numbers,
small businesses assisted, expenditures, in -kind and matching contributions and program
outcomes.
BUDGET
Line Item
Pro.. ed Bud et
in -Kind
Salaries and Wages
$128,216 I tote 1
$W,904 {Note 2)
Benefits
2109
Office Supplies
396
Travel
200
In -Kind Contributions
1 100,651 (Note ,
Total
$130,921
$137,555
Budget Notes:
(1) $100,651 of the $128,216 will be budgeted for Salaries and Wages to be used to
match the small business employers' contributions to intern wages $.hourfor
spring 2008, $655/hour for fall 2008 & spring 2009). The $27,565 will be for an
Administrative intern to assist with managing and evaluating the program. $200 is
budgeted for mileage for site visits, and $396 for office supplies to support
program operation.
(2) Del Mar College personnel will administer the program at their expense and there
will be no indirect (overhead) charged to this project.
(3) Employers will provide an equal match on this project.
PAYMENT REIMBURSEMENT
Del Mar College will pay the intern match in -house and submit monthly reimbursement
invoices to the City.
Page 1 of 2
A RESOLUTION
APPROVING A PERFORMANCE BASED AGREEMENT
BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB
DEVELOPMENT CORPORATION (4A BOARD) AND DEL MAR
COLLEGE GRANTING X130,921 IN BUSINESS INCENTIVES
FOR THE OPERATION OF AN INTERN PROGRAM TO ASSIST
SMALL BUSINESSES IN CORPUS CHRISTI
WHEREAS, there is a need for an agreement between the Corpus Christi
Business and Job Development Corporation and Del Mar College (Del Mar) to
grant $130,921 in business incentives to Del Mar for a student intern program to
assist small businesses in Corpus Christi.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. That the P erformance based agreement between the Corpus Christi
Business and Job Development Corporation (4A Board) and Del Mar, which is
attached hereto, is approved.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED ED as to form: December 5, 2007
&ry') . Smith
Assistant City Attorney
For the City Attorney
Henry Garrett
Mayor
H:1L G-DIF \Shared\ ary \agenda\ OO 112 -11\ e - DelMar In entives.do
Page 2 of 2
Corpus Christi, Texas
2007
The above resolution was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel!
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
11 , \LEG DI MS har ‘ a geld \2 OX11 -1ll - DelMar In centivesid 0
AGREEMENT TO GRANT BUSINESS INCENTIVES TO
DEL MAR COLLEGE
FOR SMALL BUSINESS ASSISTANCE
This Agreement to Grant Business Incentives for Small Business Assistance ("Agreement") is
e
entered
into by and between the Corpus Christi Business and Job Development Corporation
("Corporation"), a Texas nonprofit corporation organized under .A.C.S. Art. 190.6, Sec. 4A,
with mailin address of 1201 Leopard Street, Corpus Christi, Texas, 78401, and Del Mar
College, "Del Mar"), a Texas institution of higher education, with principal place of business
at 101 Baldwin Boulevard, Corpus Christi, Texas 78404.
I. BACKGROUND
i Purpose ae f Corporation Agreement. Cor oration is a tax-supported non - profit corporation, whose
primary income is from sales tax collected within the City of Corpus Christi and dedicated
exclusively to economic development. This sales tax supporting Corporation is authorized as
a local p tion under Texas Revised Civil Statutes, Art. 5190.6, Sec. 4A. Corporation exists
•
the primary purpose of developing, stabilizing, diversifying, and expanding the Corpus
for t p r l�
Christi economy through the retention, expansion, and recruitment of employment
opportunities in order to benefit the citizens of Corpus Christi and the surrounding areas.
project ,2 Project J ro
The 'e t and performance requirement to be implemented by means of this
agreement are generally described as follows:
small businesses providing access to students ho will serve as interns in
Assltano to � .
professional level positions. The small business will pay the student intern minimum wage
p p
crrntly $5.85 pper hour , adjusting to $6.55 per hour in July 2008) and DEL MAR will match
the small business contribution. Interns would be selected based on the needs of the small
business with the goal of providing the business with resources that make the business more
bt��n p
effective and/or provide growth opportunities. The primary goal of the program is to provide
support to small businesses in Corpus Christi that will encourage growth, retention, economic
development and job creation. The project goal is create a 1 o o new Job return on
nt." For 69 internships, it is expected that at least 6 new jobs will be created over a
investment." p
24 month period. secondary A seconds benefit of the program is providing internship opportunities for
real-world experience while making a living wage without working extended hours
students, p gp
and developing potential full - time employment opportunities following graduation.
The progra rr will commence a in the spring semester of 2008, continuing through the fall
semester of 2 0 and concluding with the spring semester of 2009. Sixty -nine intern
seines g
' ' be provided. The grant amount is $'1 30,921, with $100,651 being used for
positions are to p
hin funds which will be equally matched by the small businesses contributions.
intern matching �l �
is for two intern positions for three semesters within DEL MAR Office of Career
The $27565 p
Services to assist
with administration and evaluation of the program. It is anticipated that 15
interns will be
used in spring semester of 2008, 27 interns in the fall semester of 2008, and
27 interns in the spring semester of 2009. The performance requirements shall be
continuously maintained during the entire term of this agreement.
NOW, THEREFORE, in consideration of the premises and of the mutual covenants,
warranties, and agreements ents of the parties, it is agreed as follows:
Page I of 17
11. ECONOMIC BENEFITS AND INCENTIVES AND PERFORMANCE REQUIREMENTS
2.1 BY THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION
will convey grant to DEL MAR a total of One
.1 Monev��- Corporation err �
• Hundred Twenty-one Dollars ($1 30,921.00), as set
Hundred Thirty Thousand Nine �lundr y
rformance requirements of DEL MAR and the
forth in Schedule A, subject to the pe � ,
.. A. The performance requirements shall
conditions precedent as set forth in Schedule
be continuously
maintained during the entire term of this agreement.
corn l with an prforr�nar�ce reuirerr�errt
�a�lure �orpra�t�on to t�r�ely and fully comply
shall be an act of default by Corporation giving DEL MAR, as its sole remedy, the right
to the contracted amount to be conveyed and further being limited to the terms and
conditions contained in Article VII, paragraph 7.1, hereof.
r
ThELMAR'sCONtHTIONS
PRECEDENT AND
PERFORMANCE
REQUIREMENTS
Placement of approximately
ately
15 interns with small
businesses in Corpus Christi,
placement based on the
needs of the small business
with the goal of providing the
business with resources that
make the business more
effective and/or provide
growth opportunities. The
primary goal of the program
is to provide support to small
businesses in Corpus Christi
that will encourage growth,
retention, economic
development and job
creation. Employment of two
interns for 19 hours per week
and 12 weeks per semester
during the Spring Semester
of 2008, within the Office of
Career Services to assist with
administration and evaluation
of the program.
SCHEDULE A
DEL MAR's TIME OF
PERFORMANCE
January
2008
5 through May 15,
i'Iacementof pp approximately August 15 through December
L27 interns with small s
1:LegDirlgw /ECODevDEL MARlDraftlncentive 4A 0712O4clean
Page 2 of 17
CORPORATION's
PERFORMANCE
REQUIREMENTS
Are amount not to exceed
$27,005 payable monthly
upon receipt of statements
from Del Mar
An amount not to exceed
$51/958_patable month
Tbii in corpus Christi,
placement based on the
needs of the small business
with the goal of providing the
business with resources that
make the business more
effective and/or provide
growth opportunities. The
primary goal of the program
is to provide support to small
businesses in Corpus Christi
that will encourage growth,
retention, economic
development and job
creation. Employment of two
interns for 19 hours per week
k per semester
and 1 � weeks p
during the Fall Semester of
2008, within the Office of
Career Services to assist with
administration and evaluation
of the program.
Placement of approximately
27 interns with small
businesses in Corpus Christi,
placement based on the
needs of the small business
with the goal of providing the
business with resources that
make the business more
effective and/or provide
growth opportunities. The
primary goal of the program
is to provide support to small
in i
businesses n corpus Christi
that will encourage growth,
retention, economic
development and job
creation. Employment of two
interns for 19 hours per week
and 12 weeks per semester
during the Spring Semester
of 2009, within the Office of
career Services to assist with
administration and evaluation
of the program.
January 15 through May 15,
2009
H :Le ir/ ws/ oDevDEL MAR/Dra tin entive 4A 071204 dean
Page 3 of 17
upon receipt of statements
from Del Mar
An amount not to exceed
$51 ,9$51,958 payable monthly
upon receipt of statements
i from Del Mar
2.2 INVESTMENT BY DEL MAR
' make any capital investment, but shall provide the
�.11IIAR is not required �
performance requirements set forth in Schedule B.
' timely and fully comply and to continue to comply with any
Failure DEL MAR
performance requirement of this agreement shall be an act of default.
SCHEDULE
DEL MAR's PERFORMANCE
REQUIREMENTS
Providing administrative oversight and direct
supervision for the placement of interns in the
small business employer program.
L
DELMAR'S TIME OF PERFORMANCE
Beginning January 15, 2008 and continuing
■
during the Spring and Fall Semesters of 2008
and the Spring Semester of 2009.
.2 Employment:
DEL MAR shall comply with the employment requirements set forth in Schedule C.
i and fully comply and to continue to comply with any
Failure by DEL MAR to timely y �
performance requirement of this agreement shall be an act of default
DEL MAR's PERFORMANCE
REQUIREMENTS
SCHEDULE C
Create and maintain not less than two intern
employment positions to assist in the
small business employer intern program for
its facility in Corpus Christi, Nueces County,
Texas, with an hourly wage of $11.70 per
hour, plus personnel costs during the Spring
p
Semester of 2008.
DEL MAR'S TIME OF PERFORMANCE
January 15 through May 15, 2008
- - -- - -- - -- - ; � _ -- - � August 1 � through becember 'l �
gob and
Create and maintain not less than two intern
i in the January 1 May a ,r 1 , 2009
(2) employment positions to assist
small business employer intern program for
its facility in Corpus Christi, Nueces County,
Texas, with an hourly wage of $13.10 per
hour p lus personnel costs during the Fall
Semester of 2008 and the Spring Semester
of 2009.
ftL gDirl wsfE oDe DEL MARIDraftlnoeftiv 4A 07120 ea
Page of 17
111. REPORTING AND fIT RI G
3.1 Reports and Monitoring: DEL MAR agrees to the following reporting and monitoring
provisions, and failure to fully and timely comply with any one requirement shall constitute an
act of default.
.1 DEL MAR shall provide a report at the end of each semester certifying the
status of compliance through the life of the agreement. Documentation for jobs may
� g
be in the form of quartedy IRS 941 returns, DEL MAR employer Quarterly Reports, or
employee rosters that show the hours worked and the positions filled, and such other
reports as may reasonably be required.
.2 DEL MAR, durin g normal working hours, at its Corpus Christi, Texas, facility,
shall allow Corporation and its designee, Corpus Christi Regional Economic
Development Corporation, reasonable access to DEL MAR's employment records and
books, op ment p
to verify employment and all other relevant records related to each of the other
economic development considerations and incentives, as stated in this agreement, but
the confidentiality of such records and information shall be maintained by Corporation
and
its designee, Corpus Christi Regional Economic Development Corporation, unless
such records and information shall be required by a court order, a lawfully issued
subpoena, or at the direction of the Office of the Texas Attorney General.
W COVENANTS, WAR AI TI S, OBLIGATIONS AND DUTIES
4.1 DEL MAR makes the following covenants and warranties to Corporation, and agrees to
g
timely p g and perform the following obligations and duties. Any false or substantially
misleading statement contained herein or failure to timely and fully perform as required in this
age � r
agreement shall be an act of default by DEL MAR. Failure to comply with any one covenant
or warranty shall constitute an act of default by DEL MAR.
1. No litigation or governmental proceeding is pending or, to the knowledge of DEL
�
or DEL MAR's officers threatened against or affecting DEL MAR that may result
MAR � g
in any material adverse change in DEL AR's business, properties, or operations. No
consent, approval or authorization of or registration or declaration within any
governmental authority is required in connection with the execution of this agreement
or the transactions contemplated hereby.
▪ No certificate, statement or information provided by DEL MAR to Corporation or the
City of Corpus Christi in connection with any transaction contemplated hereby,
contains an y untrue statements or fails to state any fact necessary to keep the
statements contained therein from being misleading.
. 3 To the best of its knowledge, DEL MAR has acquired and maintained ail necessary
rights, licenses permits, and authority to carry on its business operations in Corpus
Christi, Texas and will continue to use its best efforts to maintain all necessary rights,
licenses, permits and authority.
H:LegDirlgws /EcoDevDEL MARl raftlnc stave 4A OTl O4clean
Page 5 of 1
The funds herein granted shall be utilized solely for the purpose of offsetting the
cost
creating and maintaining the intern assistance for small businesses through
DEL MA 's Corpus Christi facility.
DEL MAR shall continue its full- time business activities on its property in Corpus
Christi, Texas, including maintaining its employment and investment requirements at
all times throughout the term of this agreement.
shall complete the project required this Agreement and shall provide
.6 DEL MAR sloe J � by
and staff the required employment positions, investment, and other economic
development considerations described in this Agreement.
.7 DEL
MAR shall timely and fully comply with all of the terms and conditions of this
Agreement.
.8 DEL MAR shall noti fy Corporation in writing of substantial changes in management
rp
within seven days. s. Substantial changes mean changes in Chairman of the Board,
President, C.E.O. or area management.
received a copy of the Texas Development Corporation Act of 1979,
.9 DEL MAR has �
Art. 5190.6, e
Vernon's Texas Revised Civil Statutes, and acknowledges that the funds
granted in this Agreement must be utilized solely for purposes authorized under State
law and by the terms of this Agreement.
event it is determined by Corporation or City of Corpus Christi that funds
.'� � n the a �
provided under this Agreement were not used in accordance with State law, then DEL
agrees to repay such funds to the Corporation within 30 days of written notice
MAR �
requesting reimbursement.
.11 if an audit determines that the funds were not used for authorized purposes , DEL
Tees to reimburse Corporation for the sums of money spent for purposes not
MAR agrees �
authorized by law within 30 days written notice requesting reimbursement.
There are no bankruptcy roceedin s currently pending concerning DEL MAR,
nor are any such proceedings contemplated by DEL MAR, as of the date of execution
of this Agreement by DEL MAR.
.13 DEL MAR will not discriminate nor permit discrimination against any person or
group of persons, regard p with r and to employment ment and the provision of services at, on, or in
the Facility, on the grounds of race, religion, national origin, marital status, sex, age,
y g
.. or in any manner prohibited by the laws of the United States or the State of
disability, �
Texas.
.14 DEL MAR agrees to provide information, reports, or statements respecting its
business operations and financial condition as Corporation may reasonably request
fromtimetotme.
4.2 All representations, warranties, covenants and agreements of the parties, as well as any
and benefits of the parties pertaining to the transaction contemplated hereby, shall
rights � p g
survive the original execution date of this agreement.
ftLegDirlgws /E oDevDEL MARlDraftlncentive 4A 071204dean
Page 6 of 17
11. SUSPENSIONS/TERMINATIONS
Corporation, under the , following circumstances, and at its sole discretion, may suspend
'�
its agreement or terminate this agreement, ent, without liability to DEL
its obi�at�ons under this agree
MAR, upon any one of the foilowing following events, which are an act of default.
The appointment of a
receiver of DEL MAR, or of all or any substantial part of its
a
property, and the failure of such receiver to be discharged within sixty (60) days
thereafter.
.2 The adjudication of DEL MAR as bankrupt.
` of a petition or an answer seeking bankruptcy, receivership,
.3 The filing by DEL MAR p
reorganiation, or
admitting the material allegations of a petition filed against it in any
bankruptcy or reorganization proceeding.
VI. DEFAULT
Should DEL MAR fail to timely, fully and completely comply with any
6.1 Events of Default. �heu �
one or more of the requirements, obligations, duties, terms, conditions or warranties of this
act of default DEL MAR and, if not fully and completely
agreement such failure shall be an by
cured and corrected (60) days within sixty da s after written notice to do so, Corporation may
terminate this agreement pursue ursue all legal remedies as provided by la, provided
however that DEL IIA s liability under agreement shall be limited to the termination of
all further obligations ` behalf of Corporation under this agreement. Corporation shall not
be liable to DEL MAR fo r an y alleged ed conse ential damages. Additionally, the following
events shall constitute a default of this Agreement:
City determines that any representation or warranty on behalf of
.1 The Corporation or e�ty dote � p
DAL MAR contained in t his Agreement or in any financial statement, certificate, report,
opinion inion submitted to the Corporation in connection with this Agreement was
incorrect or misleading in any material respect when made;
judgment its assessed ainst DEL MAR or any attachment or other levy
.� Any against against property ert of DEL MAR with respect to a claim remains unpaid,
p
undischarged, or not dismissed for a period of 30 days.
the
.3 If taxes on Facility become delinquent, and DEL MAR fails to timely and
properly follow the legal procedures for protest or contest.
.4 DEL MAR changes the
general character of business as conducted of the date this
Agreement is approved by the Corporation.
.5 Foreclosure or sale of the Facility.
Any m un f time b Cor oration in ro riding notice of default to f EL
r�w delay for any amount I�wl 1�
MAR shall in no event be deemed or constitute a waiver of such default by Corporation of its
rights and remedies available under this agreement, or in law or equity.
H :LegDirlgws /E oDevDEL M RfDra tlrt entive 4A 071204clean
Page 7 of 17
6.4 Any granted Corporation to DEL MAR of any covenant or condition, the
waiver gra n to
breach of any covenant or
condition of this Agreement, or of an act of default shall not be
deemed or constitute a waiver of any other existing or future breach of a covenant or
condition, o or act of default DEL MAR or of a subsequent breach of the same covenant or
condition or act of default of the same act or event by DEL MAR
6.5 No waiver of any covenant or condition, or the breach of any covenant or condition of
this Agreement, justifies
or authorizes the nonobservance on any other occasion of the
covenant or condition or any other covenant or condition of this Agreement.
6.6 Any ' of DEL AR's default may not be considered an estoppel
waiver or indulgence �
against the Corporation.
6.7 Results of Uncured Default. After exhausting good faith attempts to address any
' Period, and taking into account any extenuating circumstances that
default during the cure Pe
might have occurred through no fault of DEL MAR, as determined by the Board of Directors
of the Corporation, the following
actions must be taken for any default that remains uncured
after the Cure Period:
shall Corporation reasonable attorney fees and costs of court to
.� DEL llll y
collect amounts due to Corporation.
.2 The
Corporation shall have no further obligations to DEL MAR under this
Agreement.
.3 Neither the City nor the Corporation may be held liable for any consequential
damages.
.4 The Corporation may pursue all remedies available under lave.
6.8 DEL MAR shall give Corporation written notice of any act of default by Corporation,
have thirty da s after receipt of the notice to cure the default.
and �orporat�on shai y .
ion to timely and fully cure the act of default shall permit DEL MAR to
Failure by Corporation �
pursue its legal remedies as provided in this agreement.
I1. CORPORATION'S LIABILITY LIMITATIONS
• specifically agrees that Corporation shall only be liable to DEL
7.1 Payments: DEL MAR sp y g p
MAR for the actual amount of the money grants to be conveyed to DEL MAR and shall not be
y
fable to DEL MAR for any
other actual or consequential damages, direct or indirect, interest,
any attorney fees, or costs of
court for an act of default by Corporation under the terms of this
specifically agreed that Corporation agreement. It is further spec � oration shall only be required to pay the g �
grant amounts so l ly out of its sales les to revenue currently collected, allocated and budgeted
and to be allocated, budgeted eted and collected for DEL MAR during the term of this agreement.
Payment by Corporation is strictly 'ctl limited to those funds so allocated, budgeted and collected
�
solely duririg the grant term of this agreement, being January 1, 2008 through June 15,
a nt g
2009. Corporation shall ' h ll use its best efforts to anticipate economic conditions and to budget
' it is further understood and agreed that, should the actual total sales
accordingly. However, t
tax revenue collected for any one year be less than the total amount of grants to be paid to all
contracting parties with Corporation for that year, then in that event, all contracting parties
H :LegDirl ws/E 0DevDEL rviAR/Draftincentive 4A 071204clean
Page 8 of 17
shall receive only their pro rata
share of the available sales tax revenue for that year, less
' usual costs and expenses, as compared to each contracting
Corporation's customary and �
parties' grant amount for that year, and Corporatiort shall not be liable to DEL MAR for any
r time in the future. In this event, Corporation will provide
such deficiency at that time any
all supporting documentation, rr�entat�on f a requested. Payments to be made to DEL MAR shall also
i DEL MAR to be accompanied by all necessary supporting
require a written request from � .
• thirty days to make payment after receipt of such
documentation. Corporation shall have the
payment request. The payment request should be directed to the address provided for
Corporation below.
vill. DEFINITIONS
As used in this agreement, the following words or phrases shall have the following meanings:
8.1 City of Corpus Christi or City shall mean the governing municipal corporation, the area
y
that is within the city limits of the City of Corpus Christi, Texas.
8.2 Compliance shall mean timely, fully and completely performing or meeting each and
` tion duty, condition, or warranty as stated in this agreement.
every requirement, obligation, y,
Compliance shall mean complete lete com liance and shall not mean substantial compliance.
8.3 Act of Default shall mean failure to timely and fully comply with one or more
' obligations, duties, terms, conditions or warranties, as stated in this
requirements, �� � i � r
' sole discretion accept substantial compliance in lieu of
agreement. Corporation may, �n its
full compliance b y waiving �raivin such act of default solely by an instrument in writing.
8.4 mean failure to timely pay debts in the ordinary course of business or
Insolvent shall me y
cannot pay debts as they become due, or is insolvent within the meaning of the federal
bankruptcy law.
8.5 Force Majeure shalt
mean severe weather such as tornadoes or flooding, wars, riots
' ' ' of necessary and essential equipment and supplies from all sources.
and the unavailability r
IBC. GENERAL TERMS
Effective ffectiv Date. The effective date of this Agreement ("Effective Date") is the latest
date that either party executes this Agreement.
9.2 Term. The
term of this Agreement is eighteen months from the Effective Data
��\\!! ' ' This rent ma be terminated by mutual agreement of the parties
or by �� ��I rr�nat�o r�i Agreement i
[off te•���// failure of the other party to fulfill an obligation as set forth herein.
ether party, \./ the �1.+s ; + i r i r i ■
this Agreement shall extinguish all rights, duties, obligations, and liabilities
The termination of this Agrerr�e
of the parties under
this Agreement1 except all rights, duties, liabilities, and obligations
accrued prior to such termination shall survive termination.
• Agreement is subject to all legal requirements in the City
�orpl�nce �r�th Lavers. `�`h�s subject
Ordinances of the CitY of Corpus charter and bode of rd�a Christi and all other applicable county,
state, and federal laws.
DEL MAR shall observe and obey all applicable laws, ordinances,
i of the Federal, State, County and City governments, as may be
regulations, and rules ,
H :LegDirlgwsiEcof evDEL ARiDra#tlncentive 4A 071204clean
Page 9 of 17
amended or enacted. This Agreement shall be governed by and construed in accordance
with the laws and court decisions of the State of Texas.
9.5 Assignment. This Agreement shall be binding upon the parties hereto and their
successors and assigns. However, DEL MAR may not assign all or any part of its rights,
privileges, or duties under this Agreement without the prior written approval of the
Corporation and City. Any attempted assignment without approval is void, and constitutes a
breach of this Agreement.
9.6 Indemnity. To the extent permitted by Texas law, DEL MAR will indemniy,
save, and hold harmless the Corporation, the City, their respective officers,
employees, and agents
('7ndemnitees' against all liability, damage, loss, claims,
and actions of any kind on account of personal injuries (including, without
demands, d y
limiting the foregoing, workers' compensation and deat h claims), or property loss or
damage of any kind, which arise out of or are in any manner connected with, or are
claimed to arise out of or be in any manner connected with DEL. MAR activities
conducted
under or incidental to this Agreement, including any injury, loss or damage
the sole or contributory negligence of any or all of the Indemnitees. DEL
MAR must, caused by I r
at its own expense, investigate all those claims and demands, attend to
their settlement or other disposition, defend all actions based on those claims and
demands with counsel satisfactory to lndemnitees, and pay all charges of attorneys
other costs and expenses of an kind arising from the liability, damage, loss,
and all any
claims, demands, or actions.
Provision. DEL MAR agrees to use its best efforts to give preference and
9.7 Buy Local g
priority to local ma nufacturers , suppliers, contractors, and labor, except where not reasonably
�
p.ibl to do so expense, without added ex ense substantial inconvenience, or sacrifice in operating
If
efficiency. For the purposes of this section, the term "local" as used to describe
manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who
reside in or maintain an office within a 50-mile radius of Nueces County.
9.8 Notices.
a. Any required written notices shall be sent mailed, certified mail, postage prepaid,
addressed as follows:
Del Mar College:
Del Mar College
Vice President
Business and Finance
101 Baldwin Boulevard
Corpus Christi, Texas 78404
Corporation:
City of Corpus Christi
Business and Job Development Corporation
Attn: Executive Director
H:LegDir /gws /EcoD vDEL MA lDraftlncentive 4A O l O4clean
Page 10 of 1
1201 Leopard Street
Corpus Christi, Texas 78401
b. A copy of all notices and correspondence must be sent to the City at the following
address:
City of Corpus Christi
Attn.: City Manager
P.O. Box 9277
Corpus Christi, Texas 78469-9277
c. Notice is effective upon deposit in the United States mail in the manner provided
p p
above.
9.9 Incorporation of other documents.
a. The Corpus Christi Business & Job Development Corporation Guidelines & Criteria
for Granting Business Incentives ("Corporation Guidelines"), adopted September 18,
2007, are incorporated into this Agreement.
b. DEL MAR application submitted to the Corporation for business incentives
("Application") is incorporated into this Agreement.
c. If there is any conflict in the terms of these docunients, the following order controls:
(i) This Agreement, (11) Corporation Guidelines, (iii) Application.
9.10 Amendments or Modifications. No amendments or modifications to this Agreement
may be made, nor any rovision waived, unless in writing signed by a person duly authorized
to sign agreements on behalf of each party.
9.11 Relationship of Parties. In performing this Agreement, both the Corporation and DEL
p p
MAR will act in an individual capacity, and not as agents, representatives, employees,
employers, partners jointventurers, or associates of one another, The employees or agents
of either art y may not be, nor be construed to be, the employees or agents of the other party
for any purpose.
9.12 Cations. The captions in this Agreement are for convenience only and are not a part
of this Agreement. The captions do not in any way limit or amplify the terms and provisions
of this Agreement.
9.13 Severability.
.1 If for an y reason, any section, paragraph, subdivision, clause, provision, phrase or
word of this Agreement or the application of this Agreement to any person or
circumstance is, to any extent, held illegal, invalid, or unenforceable under present or
future law or b a final judgment of a court of competent jurisdiction, then the
remainder of this Agreement, or the application of the term or provision to persons or
circumstances other than those as to which it is held illegal, invalid, or unenforceable,
will not be affected by the law or judgment, for it is the definite intent of the parties to
H :LegDir/ ws /EcoDevD L MAR/Draftincentive 4A O 1 O4clean
Page 11 of 17
this Agreement that r section , paragraph, subdivision, clause, provision, phrase,
or word of this Agreement be given full force and effect for its purpose.
�
.2 To the extent that any or
clause provision is held illegal, invalid, or unenforceable
under present or future law effective during the term of this Agreement, then the
this Agreement is not affected the law, and in lieu of any illegal,
remainder ofthls by
invalid, unenforceable clause or provision, a clause or provision, as similar in terms
to invalid, or unnfo
the illegal, invalid, or unenforceable clause or provision as may be possible and be
legal, valid, and enforceable, will be added to this Agreement automatically.
9.14 Venue. Venue
for any legal action related to this Agreement is in Nueces County,
s to, and waives any objections to, in personum jurisdiction in
Texas. DEL MAR consent , �
nt and the relationship between corporation and DEL
Nueces County, Texas. This agreement �
MAR interpreted
AF shall governed and under the laws of the State of Texas without regard
to any conflict of laws or provisions.
9.15 Sole Agreement . This Agreement constitutes the sole agreement between the
Corporation and DEL MAR. Any prior agreements, promises, negotiations, or
otherwise, not expressly stated in this Agreement, are of no force
representations, verbal or oth � p . .
as otherwise provided herein, this Agreement cannot be modified or
and effect. Except a p
amended without a written agreement of the parties.
nt may be executed in any number of counterparts, each
9.16 counterparts. This grere y �
g
of
be deemed an original and constitute one and the same instrument.
which shall
Representation. Corporation represents that no Corporation board member or
9.17 yep rp l
s Christi officer or employee, has been or will be compensated in any
employee, City of Corpus
with directly or indirectly bringing the parties hereto together, agreement
manner v�r�th respect to ire g g
negotiations, or the entering into of this Agreement In no event will DEL MAR pay a fee to or
compensate any Corporation board member or employee, City of corpus
Nn any manner con�pen y of
' connection with the acceptance of this Agreement. A breach o
Christi officer or employee, in con
' in automatic and immediate termination of this Agreement,
this provision .'l shall result
and shall be an act of default by DEL MAR.
9.18 Other contracts. It
is understood by DEL MAR that Corporation has heretofore
entered, and may hereafter into contracts with other companies or persons upon terms
enter ,
t
and conditions different from
terms and conditions of this Agreement, and DEL MAR has
�
no standing
`
oboe ct whatsoever to any such contracts or require any modifications or
changes to its Agreement due to such other agreements.
officers and employees, and its agents or contractors retained to
9.19 Corporation, its
perform economic development services for Corporation, shall treat as confidential the
financial statements of DEL MAR and shall not release such information to the public, unless
required by law or court order. Corporation shall immediately notify DEL MAR of requests or
court orders to release such information.
9.20 All representations, wa rranties , covenants and agreements of the parties, as well as
• pertaining to the transaction contemplated hereby, shall
any rights and benefits of the parties g
survive the original execution date of this agreement
H LegDirlgws /EcoDeVDEL MAR/DraftIncentive 4A 071204clean
Page 12 of
ELUTED on the date shown opposite the signature of each party.
Corpus Christi Business & Job Development Corporation
By:
E Ioy Salazar, Chairperson
Date: - -
Attest
By:
Armando Chapa, Assistant Secretary
Approved as io form:
tit
Gpry
Assistant City Attorney
For City Attorney
H :LegDirlgws /E oDevDEL MARIDraftincentive 4A 071204 clean
Page 13 of 17
Del Mar College
By:
Travis Kirkland, Interim President, Del Mar College
Date:
Attest:
By:
Title:
Federal Tax ID No.:
Corporate Seal:
The State of Texas§
County of Ioees§
Before
(Notary's name), on this day
, .. � -- -- personally appeared Travis Travis Kirkland, Interim President, Del Mar College, known n to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me
that he executed the same ' n the capacity stated as the act of Del Mar College, for the
� p
purposes and consideration expressed in the instrument.
liven under my hand and seal of office this the day of , 2007.
Notary Public, State of Texas
H :Le Dirl vs/E oDevD L MA lDr ftin enttve 4A 071 204clean
Page 14 of 17
DEL MAR's CONDITIONS
PRECEDENT AND
PERFORMANCE
REQUIREMENTS
SCHEDULES
SCHEDULE A
DEL MAR's TIME OF
PERFORMANCE
Placement of approximately
15 interns with small
businesses in Corpus Christi,
placement based on the
needs of the small business
with the goal of providing the
business with resources that
make the business more
effective and/or provide
growth opportunities. The
primary goal of the program
is to provide support to small
businesses in Corpus Christi
that will encourage growth,
retention, economic
development and job
creation. Employment of two
interns for 19 hours per week
and 12 weeks per semester
during the spring Semester
of 2008, within the Office of
Career Services to assist with
administration and evaluation
of the program.
Placement of approximately
j 27 interns with small
businesses in Corpus Christi,
placement based on the
needs of the small business
with the goal of providing the
business with resources that
make the business more
effective and/or provide
I growth opportunities. The
primary goal of the program
is to provide support to small
businesses in Corpus Christi
that will encourage growth,
retention, economic
H:LegDirlgws /EcODevDEL MAR/Draftlnoentive 4A 071204dean
Page 15 of 17
January 15 through May 15,
2008
August 15 through December
15, 2008
CORPORATION'S
PERFORMANCE
REQUIREMENTS
An amount not to exceed
$27,005 payable monthly
upon receipt of statements
from Del Mar
An amount not to exceed
$51 ,958 payable monthly
upon receipt of statements
from Del Mar
development and job
creation. Employment of two
interns for 19 hours per week
and 12 weeks per semester
during the Fall Semester of
2008, within the Office of
Career Services to assist with
administration and evaluation
of the program.
Placement of approximately
27 interns with small
. businesses in corpus Christi,
1 placement based on the
needs of the small business
with the goal of providing the
business with resources that
make the business more
effective and /or provide
growth opportunities. The
primary goal of the program
is to provide support to small
businesses in Corpus Christi
that will encourage growth,
retention, economic
development and job
1 creation. Employment of two
interns for 19 hours per week
and 12 weeks per semester
during the Spring Semester
. of 2009, within the Office of
1 Career Services to assist with
administration and evaluation
of the program.
January
2009
5 through May 15, An amount not to exceed
$51 ,958 payable monthly
upon receipt of statements
from Del Mar
DEL AR's PERFORMANCE
REQUIREMENTS
..+- r_ a • ; �o V! i ���1.� Providin adminrstratie oversight and direct Beginning JanuaryT5, vv
placement the lacement of interns in the j during the Spring and Fall Semesters of 2008
supervision �
small business employer ro ram. and the Spring Semester of 2009.
_1_
SCHEDULE B
DEL MAR's TIME OF PERFORMANCE
ftL gDirl ws /Ecoi vDEL MAR/Draffincentive 4A 071204clean
Page 16 of 17
SCHEDULE C
DEL MAR's PERFORMANCE DEL MAR's TIME OF PERFORMANCE
REQUIREMENTS
Create and maintain not less than two intern
(2) employment positions to assist in the
small business employer intern program for
its facility in Corpus Christi, Nueces County,
Texas, with an hourly wage of $11.70 per
hour, plus personnel costs during the Spring
Semester of 2008.
Create and maintain not less than two intern
(2) employment positions to assist in the
small business employer intern program for
its facility in Corpus Christi, Nueces County,
Texas, with an hourly wage of $13.10 per
hour plus personnel costs during the Fall
Semester of 2008 and the Spring Semester
of 2009.
January 15 through May 15, 2008
August 15 through December 15, 2008 and
January 15 through May 15, 2009
H :LegDir/ ws /E oDevDEL MAR/Draft! n a tive 4A 071204dean
Page 17 of 17
Page 1 of 2
A RESOLUTION
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE A PROJECT AGREEMENT WITH THE CORPUS
CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION
REGARDING IMPLEMENTATION AND ADMINISTRATION OF
THE AGREEMENT TO GRANT BUSINESS INCENTIVES TO DEL
MAR COLLEGE FOR AN INTERN PROGRAM TO ASSIST
SMALL BUSINESSES IN CORPUS CHRISTI
WHEREAS, there is a need for a project agreement between the City of Corpus
Christi and the Corpus Christi Business and Job Development Corporation for
the implementation n and administration of the business incentive agreement with
Del Mar College (Del Mar) for an intern program to assist small businesses in
Corpus Christi,
NOW, THEREFORE, BE IT RESOLVED E BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. That the City Manager or his designee is authorized to execute the
project agreement between the City of Corpus Christi and the Corpus Christi
Business and Job Development Corporation for the implementation and
administration of the business incentive agreement with Del Mar for an intern
program to assist small businesses in Corpus Christi, which is attached hereto.
ATTEST:
Armando Chapa
City Secretary
APPROVED as to form: December 5, 2007
/ i'ik.,
ary , i . Smith
Assistant City Attorney
For the City Attorney
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
HALEG-DIRkSharecINGarySNagenda12007‘1 \Res-ProjectAgmt-4ABd.DelMandoc
.do
Page 2 of 2
Corpus Christi, Texas
, 2007
The above resolution was passed by the following vote:
Henry Garrett --
Melody Cooper
Larry Eli ondo, Sr. ..
Mike Hummel'
Bill Kelly
Priscilla G. Leal
John E. Mare - _
Nelda Martinez
Michael M Cut on
H:1LE -D1I 1 hared\ ar r \a ends 2007112 -111 a -Prof tAg -4 Mar.doc
BUSINESS INCENTIVES PROJECT AGREEMENT
This iness Incentives Project Agreement " Project Agreement" is entered into ` Business and Job Development Corporation ("Corporation"
between the Corpus Christi � )
and the City of Corpus Christi, Texas ("City").
WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas
Civil Cor oration Act of 1979 empowered locaRevised ���l statutes �
• - adopt an optional local sales and use tax as a means of
communities with the ability to aap p
improving the economic health and prosperity of their citizens;
2002, residents of the City of Corpus Christi ("City")
WHEREAS, on November }
.. Expanded Business Enterprises, which authorized the
passed Proposition 2, New
adoption of a sales and use
tax for the promotion and development of new and
F at the rate of one-eighth of one percent to be imposed
expanded business enterprises
for 15 years,
WHEREAS, the 1/8
cent sales tax authorized by passage of Proposition 2 was
subsequently enacted by the City Council and filed with the State Comptroller of Texas,
effective April 1, 2003,
to be administered by the Corporation's Board of Directors;
Lion exists for the purposes of encouraging and assisting
WHEREAS, the Corporation p
entities in the jobs creation of for the citizens of Corpus Christi, Texas;
WHEREAS, of the Corporation ("Board'), on September 10,
��R�S, the Board of Directors p
p
2007, amended the
Corporation's Guidelines and Criteria for Granting Business
Incentives;
WHEREAS, Section 21 of the Texas Development Corporation Act of 1979, Art. 519. 6,
Vernon's Texas Revised � requires Statutes uires the City Council to approve all
�
p
programs and expenditures of the Corporation;
WHEREAS, the City Council approved the Corporation's amended Guidelines and
Criteria for Granting Business Incentives on September 18, 2007;
WHEREAS, Del Mar College has submitted a proposal to the Corporation to request
` approximately $'130,921 to be used to assist Del Mar College in
business incentives of arc �
its operation of the internship program to assist small business employers in the City of
Corpus Christi;
WHEREAS, the Board has determined that it is in the best interests of the citizens of
Corpus Christi, Texas that business incentives be offered to Del Mar College
�
WHEREAS, the Corporation and
Del Mar College have executed an agreement to grant
business incentives to Del Mar College for the creation of jobs to assist small business
employers Business Incentives Agreement).
Del Mar Project Agreement 4A -City 071113.doc
H;1l.E -DIR afe ry lagenda12QO7112- 11\De1 Mar Project Agreement 4A-City 07111 _doc
Page 1 of 3
n of the covenants, promises, and conditions stated in this Project
In consideration
Agreement, the Corporation and the City agree as follows:
1. Project Agreement
to Implement Business Incentives Agreement. This Project
en the City and the Corporation is executed to implement the
Agreement between Agreement to Grant
Business Incentives to Del Mar College for the Creation of Jobs to
assist small I business employers between the Corporation and Del Mar College
2. Term. The term Project of this Proect reement runs concurrently with the term of the
Business Incentives Agreement.
3. Services to be Provided by City.
a. The City Manager, or the City Manager's designee, shall administer furiding
on behalf of the Corporation.
Manager, or the City Manager's designee, shall perform contract
b f The City g t
administration responsibilities outlined in the Business Incentives Agreement for
�
the Corporation.
Appropriation of Funds. Any future payments by the City are subject to
4. Aron �
appropriation of funds by City's Council.
5. Effective Date.
The effective date of this Project Agreement is the latest date that
either party executes this Agreement.
6. Amendments
or Modifications. No amendments or modifications to this Project
be made, nor any provision waived, unless in writing signed by a
Agreement may � � �
person duly authorized to sign agreements on behalf of each party.
7. Severability.
a. If for any reason, any section, paragraph, subdivision, clause, provision,
phrase o � g
or word of this Project Agreement or the application of this Project
Agreement to
any erson or circumstance is, to any extent, held illegal, invalid, or
unenforceable under present or future law or by a final judgment of a court of
competent jurisdictiori, then the remainder of this Project Agreement, or the
' the term or provision to persons or circumstances other than those
application of � p
as to which it
is held illegal, invalid, or unenforceable, will not be affected by the
law or judgment for it is the definite intent of the parties to this Project
Agreement t hat every section , paragraph, subdivision, clause, provision, phrase,
0 1
r word of this Project Agreement be given full force and effect for its purpose.
b. To the extent ant that any clause or provision is held illegal, invalid, or
p
unenforceable
under resent or future law effective during the term of this Project
the remainder of this Project Agreement is not affected by the
Agreement, then th J
lieu of any illegal, invalid, or unenforceable clause or provision, a
law, and in I�
clause or provision, as similar in terms to the illegal, invalid, or unenforceable
Del Mar Project Agreement 4A-City 071113.doc
Fi:1t.E -DiRk haredi ary egendal200711 - 111Dei Mar Project Agreement 4A- tty 07111 .dcc
Page 2 of 3
clause or provision vision as may a possible and be legal, valid, and enforceable, will
be added to this Project Agreement automatically.
captions in this Project Agreement are for convenience a only and are
8. Captions. The J
not a part of this Project Agreement The captions do not in any way limit or amplify the
terms and provisions of this Project Agreement.
The City of Corpus us Christi Corpus Christi Business
Job Development Corporation
George K. Noe
City Manager
Date:
Attest
Date:
Armando Chapa
City Secretary
Approved as to Legal Form this _Y ' day of December, 2007.
G ry t . Smith
Assistant City Attorney
for City Attorney
Del Mar Project Agreement 4A -City 071113.doc
H:ILE •DIR1Sharedl ary laganda1 00 11 -i 11DeI Mar Project Agreement 4A -City 071113.d DC
Page 3 of 3
37
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: December 11, 2007
AGENDA ITEM:
A. Resolution approving a performance based agreement between the Corpus Christi
Business and Job Development ent Corporation (4A Board) and Work Source of the
Coastal Bend granting $22,740 in business incentives for the operation of an intern
program to assist small businesses in Corpus Christi.
B. Resolution authorizing the City Manager or his designee to execute a project
agreement with the Corpus Christi Business and Job Development Corporation
regarding implementation and administration of the agreement to grant business
incentives to WorkSource of the Coastal Bend for an intern program to assist small
businesses in Corpus Christi.
ISSUE: To assist in the job development and growth of small businesses in the community.
PREVIOUS IOUS COUNCIL ACTION: None
CONCLUSION AND RECOMMENDATION: Staff recommends approval to grant business
incentives to WorkSource a in the amount of $22,740 for an intern program to assist small
businesses in Corpus Christi.
Oge,?r-.4. 6c-4-a-,
Irma Caballero
Director of Economic Development
BACKGROUND INFORMATION
The Economic Development Office presented a new project to the 4A Board consisting of
an Internship Program Partnership between Texas A &M University- Corpus Christi
(TAMUCC), Del Mar College and Work Source.
The partnership program will assist small businesses by providing them access to students
who will serve as interns in professional level positions. The small businesses will pay the
student minimum wage and Texas A &M University- Corpus Christi and Del Mar College
will match the small business contribution with 4A funds. WorkSource will provide
outreach activities to support the Internship project proposed by TAMUCC and Del Mar
College. The program will be an 18-month project and include 3 semesters of intern
support with the following grant incentive:
• WorkSource is requesting a total amount of $22,740; they will provide in -kind
contributions of $31,368.
Following is the Management and Operations Plan for WorkSource:
WorkSource: Amount requested $22,740 inlicind contributions V1,368
SERVICES
WorkSource will provide employer outreach activities to support the internship project
proposed by TAMUCC and Del Mar College. They are requesting full funding for 2 interns
for 3 semesters, beginning the spring 2008 and including fall 2008 and spring 2009. The
interns will be working a 20 -hour work week. No activity is planned for the summer
semesters.
PROGRAM OUTCOME
The 2 interns funded will work with the WorkSource Business Services Team to outreach
employers. WorkSource will share its database of employers for interns to research and
contact small businesses that may benefit from the internship program. The 2 interns will
be directly supervised by WorkSource field staff. The goals of each intern will be to
contact 100 small business employers each semester to promote participation in the
internship programs of the participating college and university. Employers interested in the
internship programs will be referred to the internship programs of both college and
university.
PERFORMANCE REQUIREMENTS
To assure follow -up of contacts developed the outreach interns will also share the
employer contact information with both the college and university. The college and
university will, through their respective work study programs, be responsible for paying the
matching wage training stipend of the interns located with targeted small businesses.
BUDGET
Line item
Proposed Budget
Spring Semester 2008
Fall semester
2008
spring semester
2009
Totals
Salaries and Wages
$5,616 (Note 1)
$6,288 (rote 1)
$6,288 (Note
$1 7,520.00 ,,
Benefits
_
1,404
1,572
4,380
In -Kind Contributions
► 10,456 (Note 2)
16,466 (Note 2)
10,456 (Note
81,368
Total
$7,020
$7,860
$7,860 .
�.
$22,740
1 2 students for 2 semesters, 12 weeks per semester, 20 hour per week @ $11.70
per hour. These 2 interns will perform employer outreach to develop additional
internship opportunities with small businesses.
(2) The 2 small business interns at WorkSource will work under the supervision of
WorkSource staff. WorkSource staff and facilities are in -kind resources for this
project and includes:
- Director of Business Development, Director of Business Services, Business
Services Representative, and other administrative staff and resources necessary
to the project. The college and university will, through their respective work study
programs, be responsible for paying the matching wage training stipend of the
interns located with the target small businesses.
(3) Two students for one semester, 12 weeks per semester, 20 hour per week
$13.10 per hour plus personnel costs. These 2 interns will perform outreach to
develop additional internship opportunities with small businesses.
PAYMENT REIMBURSEMENT
WorkSource will pay the intern wage in -house and submit monthly reimbursement invoices
to the City.
Page 1 of 2
A RESOLUTION
APPROVING A PERFORMANCE BASED AGREEMENT
BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB
DEVELOPMENT CORPORATION (4A BOARD) AND
WORKSOURCE OF THE COASTAL BEND GRANTING $22,740
IN BUSINESS INCENTIVES FOR THE OPERATION OF AN
INTERN PROGRAM TO ASSIST SMALL BUSINESSES IN
CORPUS CHRISTI
WHEREAS, there is a need for an agreement between the Corpus Christi
Business and Job Development Corporation and Work Source of the Coastal
Bend (Work Source) to grant $22,740 in business incentives to Work Source for a
student intern program to assist small businesses in Corpus Christi.
NOW, THEREFORE, E, E IT RESOLVED E Y THE CITY COUNCIL of THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. That the performance based agreement between the Corpus Christi
Business and Job Development Corporation (4A Board) and Work Source, which
is attached hereto, is approved.
ATTEST:
Armando Chapa
City Secretary
APPROVED as to form: December 5, 2007
l
G; ry Smith
Assistant City Attorney
For the City Attorney
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
H:ILEG- DIR\Shar d1 ary la end 1 07\1 2-1 1Res-WorkSource ncentivesidoc
Page 2 of 2
Corpus Christi, Texas
of , 2007
The above resolution was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel!
Bill Kelly
Priscilla G. Leal
John E. Mare
Nelda Martinez
Michael McCutchon _-_ __
1 :1 LEG }DI R1S haredl arySlag end a 12007112 -11\ es WorkSo roe Incentives.doc
AGREEMENT TO GRANT BUSINESS INCENTIVES TO
WORKSOURCE
FOR SMALL BUSINESS ASSISTANCE
This Agreement to Grant Business Incentives for small Business Assistance ("Agreement") is
entered into by and between the Corpus Christi Business and Job Development Corporation
("Corporation"), a Texas nonprofit corporation organized under V.A.C.S. Art. 5190.6, Sec. 4A,
with mailing address of 1 201 Leopard Street, Corpus Christi, Texas, 78401, and Coastal
Bend Workforce Development Board, ("WORKSOURCE"), a local Workforce board, with
principal place of business at 400 Mann Street, suite 1 000, Corpus Christi, Texas 78401.
1. BACKGROUND
1.1 Purpose of Agreement. Corporation is a tax - supported non - profit corporation, whose
primary income is from sales tax collected within the City of Corpus Christi and dedicated
exclusively to economic development. This sales tax supporting Corporation is authorized as
a local option under Texas Revised Civil Statutes, Art. 5190.6, Sec. 4A. Corporation exists
for the primary purpose of developing, stabilizing, diversifying, and expanding the Corpus
Christi economy through the retention, expansion, and recruitment of employment
opportunities in order to benefit the citizens of Corpus Christi and the surrounding areas.
1.2 Project. The project and performance requirement to be implemented by means of this
agreement are generally described as follows:
Providing employer outreach activities to support the Internship Project proposed by Texas
A &M University Corpus Christi and Del Mar College, beginning with the Spring Semester of
200 8, continuing through the Fall Semester of 2008, and concluding with the Spring
Semester of 2009, with no activity for the Summer Semester of 2008. The two interns funded
under this Agreement and employed by WORKSOURCE will work with the WORKSOURCE
Business Services Team to research and contact small businesses that may benefit from the
internship program. The goal of the internship program is to contact 100 small business
employers to participate in the University and College internship programs. The interns will
refer the small business employers to the University and College. The interns will work
twenty (20) hours per week for twelve (12) weeks during each semester. WORKSOURCE
will provide funding for the interns compensation above the funds granted by this Agreement
and will provide administrative oversight, direct supervision, and workplace resources for the
interns. WORKSOURCE agrees that it shall create and maintain not less than two intern (2)
employment positions to assist in the small business employer intern program for its facility in
Corpus Christi, Nueces County, Texas, with an hourly wage of $11.75 per hour, plus
personnel costs during the Spring and Fall Semesters of 2008 and an hourly wage of $13.10
per hour plus personnel costs during the Spring Semester of 2009. The performance
requirements shall be continuously maintained during the entire term of this agreement.
NOW, THEREFORE, in consideration of the premises and of the mutual covenants,
warranties, and agreements of the parties, it is agreed as follows:
Page 1 of 17
11. ECONOMIC BENEFITS AND INCENTIVES AND PERFORMANCE REQUIREMENTS
2.1 BY THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION
.1 Money Grant: Corporation will convey by grant to WORKSOURCE a total
of Twenty -two Thousand Seven Hundred Forty Dollars ($22,740.00), as set forth in
Schedule A, subject to the performance requirements of WORKSOURCE and the
conditions precedent set forth in Schedule A.
Failure by Corporation to timely and fully comply with any performance requirement
shall be an act of default by Corporation giving WORKSOURCE, as its sole remedy,
the right to the contracted amount to be conveyed and further being limited to the
terms and conditions contained in Article VII, paragraph 7.1, hereof.
H :LegDirlgws /Ec DevWO K CDR E /Draftlncentive 4A 07111 clean
Page 2 of 17
- - -- SCHEDULE A
' OR SOURCE's
CONDITIONS PRECEDENT
AND PERFORMANCE
REQUIREMENTS
WORKSOURCE's TIME OF
PERFORMANCE
CORPORATION's
PERFORMANCE
REQUIREMENTS
Employment of two interns
for 20 hours per week and 12
weeks per semester during
the Spring Semester of 2008,
with a goal of contacting 100
small business employers to
participate in the internship
program, referring small
business employers to Texas
ABM University—Corpus
Christi and Del Mar College,
providing follow -up on
contacts, with
WORKSOURCE providing
administrative oversight,
direct supervision, and
workplace resources for the
interns.
January 15 through May 15,
2008
An amount not to exceed
$7,020 payable in monthly
installments based upon
invoices received from
WORKSOURCE
Employment ment of two interns
for 20 hours per week and 12
weeks per semester during
the Fall Semester of 2008,
with a goal of contacting 100
small business employers to
participate in the internship
program, referring small
business employers to Texas
August 15 through December ;
15, 2008
An amount not to exceed
$7,860 payable in monthly
installments based upon
invoices received from
WORKSOURCE
H :LegDirlgws /Ec DevWO K CDR E /Draftlncentive 4A 07111 clean
Page 2 of 17
I A &M University— corpus
Christi and Del Mar College,
providing follow -up on
contacts, with
WORKSOURCE providing
administrative oversight,
direct supervision, and
workplace resources for the
interns.
Employment of two interns
for 20 hours per week and 12
January 15 through_May 15,
2009 .
An amount not to exceed
$7,860 payable in monthly
weeks per semester during
installments based upon
the Spring Semester of 200 9,
with a goal of contacting 100
small business employers to
participate in the internship
program, referring small
business employers to Texas
invoices received from
WORKSOURCE
A&M University—Corpus
Christi and Del Mar College,
providing follow -up on
contacts, with
WORKSOURCE providing
administrative oversight,
direct supervision, and
workplace resources for the
interns.
2.2 BY WORKSOURCE
.1 Investment—Facility: WORKSOURCE is not required to make a capital
investment, however WORKSOURCE shall perform the performance requirements as
set forth in Schedule B.
Failure by WORKSOURCE to timely and fully comply and to continue to comply with
any performance requirement of this agreement shall be an act of default.
SCHEDULE B
WORKSOURCE's PERFORMANCE
REQUIREMENTS
WORKSOURCE's TIME OF
PERFORMANCE
Providing administrative oversight at the
Board and field staff level; direct supervision
at the field staff level; and workplace
resources, computers, telephones, and the
Beginning January 15, 2008 and continuing
during the Spring and Fail Semesters of 2008
and the Spring Semester of 2009.
H:LegDiagws/EcoDevWORKSOURCE/DraftIncentive 4A 07111 tan
Page 3 of 17
administrative costs to process the pay of the
two interns in the small business employer
outreach campaign.
.2 Employment:
WORKSOURCE shall comply with the employment requirements set forth in Schedule
C.
Failure by WORKSOURCE to timely and fully comply and to continue to comply with
any performance requirement of this agreement shall be an act of default.
SCHEDULE C
WORKSOURCE's PERFORMANCE
REQUIREMENTS
WORKSOURCE's 's TIME OF
PERFORMANCE
Create and maintain not less than two intern
(2) employment positions to assist in the
small business employer intern program for
its facility in Corpus Christi, Nueces County,
Texas, with an hourly wage of $11.70 per
hour, plus personnel costs during the Spring
Semester of 2008.
January 15 through 11 j , 2008
Create and maintain not less than two intern
(2) employment positions to assist in the
small business employer intern program for
its facility in Corpus Christi, Nueces County,
Texas, with an hourly wage of $13.10 per
hour plus personnel costs during the Fall
Semester of 2008 and the Spring Semester
of 2009.
August 15 through December 15, 2008 and
January 15 through May 15, 2009
111, REPORTING AND MONITORING
3.1 Reports and Monitoring: WORKSOURCE agrees to the following reporting and
monitoring provisions, and failure to fully and timely comply with any one requirement shall
constitute an act of default.
.1 WORKSOURCE shall provide a report at the end of each semester certifying
the status of compliance through the life of the agreement. Documentation for jobs
may be in the form of quarterly IRS 941 returns, WORKSOURCE employer Quarterly
H :LegDirlgws /EcoD v 11OR SOUR E /Drafln entiv 4A 071 1 l4 lean
Page 4 of 17
Reports, or employee rosters that show the hours worked and the positions filled, and
such other reports as may reasonably be required.
.2 WORKSOURCE, during normal working hours, at its Corpus Christi, Texas,
facility, shall allow Corporation and its designee, Corpus Christi Regional Economic
Development Corporation, reasonable access to WORKSOURCE's employment
records and books, to verify employment and all other relevant records related to each
of the other economic development considerations and incentives, as stated in this
agreement, but the confidentiality of such records and information shall be maintained
by Corporation and its designee, Corpus Christi Regional Economic Development
Corporation, unless such records and information shall be required by a court order, a
lawfully issued subpoena, or at the direction of the Office of the Texas Attorney
General.
COVENANTS, AI TS, WA F A TIES, OBLIGATIONS Ai DUTIES
.1 WORKSOURCE makes the following covenants and warranties to Corporation, and
agrees to timely and fully perform the following obligations and duties. Any false or
substantially misleading statement contained herein or failure to timely and fully perform as
required in this agreement shall be an act of default by WORKSOURCE. Failure to comply
with any one covenant or warranty shall constitute an act of default by WORKSOURCE.
.1 No litigation or governmental proceeding is pending or, to the knowledge of
WORKSOURCE or WORKSOURCE's URCE's officers, threatened against or affecting
WORKSOURCE that may result in any material adverse change in WORKSOURCE's
business, properties, or operations. No consent, approval or authorization of or
registration or declaration within any governmental authority is required in connection
with the execution of this agreement or the transactions contemplated hereby.
.2 No certificate, statement or information provided by WORKSOURCE to Corporation
or the City of Corpus Christi in connection with any transaction contemplated hereby,
contains any untrue statements or fails to state any fact necessary to keep the
statements contained therein from being misleading.
.3 To the best of its knowledge, WORKSOURCE has acquired and maintained all
necessary rights, licenses, permits, and authority to carry on its business operations in
Corpus Christi, Texas, and will continue to use its best efforts to maintain all necessary
rights, licenses, permits and authority.
.4 The funds herein granted shall be utilized solely for the purpose of offsetting the
cost of creating and maintaining the two (2) intern employment positions at
WORKSOURCE's Corpus Christi facility.
.5 WORKSOURCE Ul CE shall continue its full - time business activities on its property in
Corpus Christi, Texas, including maintaining its employment and investment
requirements at all times throughout the term of this agreement.
.6 WORKSOURCE shall complete the project required by this Agreement and shall
provide and staff the required employment positions, investment, and other economic
development considerations described in this Agreement.
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Page 5 of 17
3 WORKSOURCE shall timely and fully comply with all of the terms and conditions of
this Agreement.
.8 WORKSOURCE shall notify Corporation in writing of substantial changes in
management within seven days. Substantial changes mean changes in Chairman
of the Board, President, C.E.O. or area management.
.9 WORKSOURCE has received a copy of the Texas Development Corporation Act of
1979, Art. 51 90.6, Vernon's Texas Revised civil Statutes, and acknowledges that the
funds granted in this Agreement must be utilized solely for purposes authorized under
State law and by the terms of this Agreement.
.10 In the event it is determined by Corporation or City of Corpus Christi that funds
provided under this Agreement were not used in accordance with State law, then
WORKSOURCE agrees to repay such funds to the Corporation within 30 days of
written notice requesting reimbursement.
.11 If an audit determines that the funds were not used for authorized purposes ,
WORKSOURCE agrees to reimburse Corporation for the sums of money spent for
purposes not authorized by law within 30 days written notice requesting
reimbursement.
.12 There are no bankruptcy proceedings currently pending concerning
WORKSOURCE, nor are any such proceedings contemplated by WORKSOURCE, as
of the date of execution of this Agreement by WORKSOURCE.
.13 WORKSOURCE will not discriminate nor permit discrimination against any person
or group of persons, with regard to employment and the provision of services at, on, or
in the Facility, on the grounds of race, religion, national origin, marital status, sex, age,
disability, or in any manner prohibited by the laws of the United States or the State of
Texas.
.14 WORKSOURCE RCE agrees to provide information, reports, or statements respecting
its business operations and financial condition as Corporation may reasonably request
from time to time.
4.2 All representations, warranties, covenants and agreements of the parties, as well as any
rights and benefits of the parties pertaining to the transaction contemplated hereby, shall
survive the original execution date of this agreement.
V. SUSPENSIONS/TERMINATIONS
.1 Corporation, under the following circumstances, and at its sole discretion, may suspend
its obligations under this agreement or terminate this agreement, without liability to
WORKSOURCE, upon any one of the following events, which are an act of default.
.1 The appointment of a receiver of WORKSOURCE, or of all or any substantial part
of its property, and the failure of such receiver to be discharged within sixty (60) days
thereafter.
H :L gDir /gws /E oD v F KSOIJ EJDraftlncentive 4A 071114 lean
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.2 The adjudication of WORKSOURCE as bankrupt.
.3 The filing by WORKSOURCE of a petition or an answer seeking bankruptcy,
receivership, reorganization, or admitting the material allegations of a petition filed
against it in any bankruptcy or reorganization proceeding.
VI. DEFAULT
6.1 Events of Default. should WORKSOURCE fail to timely, fully and completely comply
with any one or more of the requirements, obligations, duties, terms, conditions or warranties
of this agreement such failure shall be an act of default by WORKSOURCE and, if not fully
and completely cured and corrected within sixty (60) days after written notice to do so,
Corporation may terminate this agreement and pursue all legal remedies as provided by law,
provided however that W RKS URCE's liability under this agreement shall be limited to the
termination of all further obligations on behalf of Corporation under this agreement.
Corporation shall not be liable to WORKSOURCE for any alleged consequential damages.
Additionally, the following events shall constitute a default of this Agreement:
.1 The Corporation or City determines that any representation or warranty on behalf of
WORKSOURCE CE contained in this Agreement or in any financial statement, certificate,
report, or opinion submitted to the Corporation in connection with this Agreement was
incorrect or misleading in any material respect when made;
.2 Any judgment is assessed against WORKSOURCE or any attachment or other levy
against the property of WORKSOURCE with respect to a claim remains unpaid,
undischarged, or not dismissed for a period of 30 days.
.3 If taxes on the Facility become delinquent, and WORKSOURCE fails to timely and
properly follow the legal procedures for protest or contest.
.4 WORKSOURCE changes the general character of business as conducted of the
date this Agreement is approved by the Corporation.
.5 Foreclosure or sale of the Facility.
6.2 Any delay for any amount of time by Corporation in providing notice of default to
WORKSOURCE shall in no event be deemed or constitute a waiver of such default by
Corporation of its rights and remedies available under this agreement, or in law or equity.
6.3 Any waiver granted by Corporation to WORKSOURCE of any covenant or condition,
the breach of any covenant or condition of this Agreement, or of an act of default shall not be
deemed or constitute a waiver of any other existing or future breach of a covenant or
condition, or act of default by WORKSOURCE or of a subsequent breach of the same
covenant or condition or act of default of the same act or event by WORKSOURCE.
6.4 No waiver of any covenant or condition, or the breach of any covenant or condition of
this Agreement, justifies or authorizes the nonobservance on any other occasion of the
covenant or condition or any other covenant or condition of this Agreement.
H:LegDir/ ws /E oDevWO Ks URGE /Dr flncentive 4A 07111 lean
Page 7 of 17
6.5 Any waiver or indulgence of v F KS URCE's default may not be considered an
estoppel against the Corporation.
6.6 Results of Uncured Default. After exhausting good faith attempts to address any
default during the Cure Period, and taking into account any extenuating circumstances that
might have occurred through no fault of WORKSOURCE, as determined by the Board of
Directors of the Corporation, the following actions must be taken for any default that remains
uncured after the Cure Period:
.1 WORKSOURCE shall pay corporation reasonable attorney fees and costs of court
to collect amounts due to Corporation.
.2 The Corporation shall have no further obligations to WORKSOURCE under this
Agreement.
.3 Neither the City nor the Corporation may be held liable for any consequential
damages.
.4 The Corporation may pursue all remedies available under law.
6.7 WORKSOURCE shall give Corporation written notice of any act of default by
Corporation, and Corporation shall have thirty (30) days after receipt of the notice to cure the
default. Failure by Corporation to timely and fully cure the act of default shall permit
WORKSOURCE to pursue its legal remedies as provided in this agreement.
il. CORPORATION'S LIABILITY LIMITATIONS
7.1 Payments: WORKSOURCE specifically agrees that Corporation shall only be liable
to WORKSOURCE for the actual amount of the money grants to be conveyed to
WORKSOURCE and shall not be liable to WORKSOURCE I SOURCE for any other actual or
consequential damages, direct or indirect, interest, attorney fees, or costs of court for any act
of default by Corporation under the terms of this agreement. It is further specifically agreed
that Corporation shall only be required to pay the grant amounts solely out of its sales tax
revenue currently collected, allocated and budgeted and to be allocated, budgeted and
collected for WORKSOURCE during the term of this agreement. Payment by Corporation is
strictly limited to those funds so allocated, budgeted and collected solely during the grant
term of this agreement, being January 1, 2008, through June 15, 2009. Corporation shall use
its best efforts to anticipate economic conditions and to budget accordingly. However, it is
further understood and agreed that, should the actual total sales tax revenue collected for
any one year be less than the total amount of grants to be paid to all contracting parties with
Corporation for that year, then in that event, all contracting parties shall receive only their pro
rata share of the available sales tax revenue for that year, less Corporation's customary and
usual costs and expenses, as compared to each contracting parties' grant amount for that
year, and Corporation shall not be liable to WORKSOURCE for any such deficiency at that
time or at any time in the future. In this event, Corporation will provide all supporting
documentation, as requested. Payments to be made to WORKSOURCE shall also require a
written request from WORKSOURCE to be accompanied by ail necessary supporting
documentation. Corporation shall have thirty 80_ days to make payment after receipt of
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such payment request. The payment request should be directed to the address provided for
Corporation below.
VIII. DEFINITIONS
As used in this agreement, the following words or phrases shall have the following meanings:
8.1 City of Corpus Christi or City shall mean the governing municipal corporation, the area
that is within the city limits of the city of Corpus Christi, Texas.
8.2 Compliance shall mean timely, fully and completely performing or meeting each and
every requirement, obligation, duty, condition, or warranty as stated in this agreement.
Compliance shall mean complete compliance and shall not mean substantial compliance.
8.3 Act of Default shall mean failure to timely and fully comply with one or more
requirements, obligations, duties, terms, conditions or warranties, as stated in this
agreement. Corporation may, in its sole discretion, accept substantial compliance in lieu of
full compliance by waiving such act of default solely by an instrument in writing.
8.4 Insolvent shall mean failure to timely pay debts in the ordinary course of business or
cannot pay debts as they become due, or is insolvent within the meaning of the federal
bankruptcy law.
8.5 Force Majeure shall mean severe weather such as tornadoes or flooding, wars, riots
and the unavailability of necessary and essential equipment and supplies from all sources.
IBC. GENERAL TERMS
9.1 Effective Date. The effective date of this Agreement ("Effective Date") is the latest
date that either party executes this Agreement.
9.2 Term. The term of this Agreement is eighteen months from the Effective Date.
9.3 Termination. This Agreement may be terminated by mutual agreement of the parties
or by either party, upon the failure of the other party to fulfill an obligation as set forth herein.
The termination of this Agreement shall extinguish all rights, duties, obligations, and liabilities
of the parties under this Agreement, except all rights, duties, liabilities, and obligations
accrued prior to such termination shall survive termination.
9.4 Compliance with Laws. This Agreement is subject to all legal requirements in the City
Charter and Code of Ordinances of the City of Corpus Christi and all other applicable county,
state, and federal laws. WORKSOURCE CE shall observe and obey all applicable laws,
ordinances, regulations, and rules of the Federal, State, County and City governments, as
may be amended or enacted. This Agreement shall be governed by and construed in
accordance with the laws and court decisions of the State of Texas.
9.5 Assignment. This Agreement shall be binding upon the parties hereto and their
successors and assigns. However, WORKSOURCE KSOUF CE may not assign all or any part of its
rights, privileges, or duties under this Agreement without the prior written approval of the
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Page 9 of 17
Corporation and City. Any attempted assignment without approval is void, and constitutes a
breach of this Agreement.
9.6 Indemnity. To the extent permitted by law,_WORKSOURCE will indemnify, save,
and hold harmless the Corporation, the City, their respective officers, employees, and
agents ' Indemnitees' against all liability, damage, loss, claims, demands, and
actions of any kind on account of personal injuries (including, without limiting the
foregoing, workers' compensation and death claims), or propel loss or damage of
any kind, which arise out of or are in any manner connected with, or are claimed to
arise out of or be in any manner connected with WORKSOURCE activities conducted
under or incidental to this Agreement, including any injury, toss or damage caused by
the sole or contributory negligence of any or all of the lndemnitees. WORKSOURCE
must, at its own expense, investigate all those claims and demands, attend to their
settlement or other disposition, defend all actions based on those claims and demands
with counsel satisfactory to Inder nitees, and pay all charges of attorneys and all other
costs and expenses of any kind arising from the liability, damage, loss, claims,
demands, or actions.
9.7 Buy Local Provision. WORKSOURCE JRCE agrees to use its best efforts to give preference
and priority to local manufacturers, suppliers, contractors, and labor, except where not
reasonably possible to do so without added expense, substantial inconvenience, or sacrifice
in operating efficiency. For the purposes of this section, the term "local" as used to describe
manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who
reside in or maintain an office within a 50-mile radius of Nueces County.
9.8 Notices.
a. Any required written notices shall be sent mailed, certified mail, postage prepaid,
addressed as follows:
Coastal Bend Workforce Development Board:
WorkSource of the Coastal Bend
c/o Larry Demieville
Director of Business Development
400 Mann Street, Suite 1000
Corpus Christi, Texas 78401
Corporation:
City of Corpus Christi
Business and Job Development Corporation
Attn: Executive Director
1201 Leopard Street
Corpus Christi, Texas 78401
b. A copy of all notices and correspondence must be sent to the City at the following
address:
# :LegDirlgw /Ec0 v R S R E /Draftln entiv 4A 071114 lean
Page lOof17
City of Corpus Christi
Attn.: City Manager
P.O. Box 9277
Corpus Christi, Texas 78469 -9277
c. Notice is effective upon deposit in the United States mail in the manner provided
above.
9.9 Incorporation of other documents.
a. The Corpus Christi Business & Job Development Corporation Guidelines & Criteria
for Granting Business Incentives ("Corporation Guidelines"), adopted September 18,
2007, are incorporated into this Agreement.
b. WORKSOURCE application submitted to the Corporation for business incentives
"Application" is incorporated into this Agreement.
c. If there is any conflict in the terms of these documents, the following order controls:
i This Agreement, (ii) Corporation Guidelines, (iii) Application.
9.10 Amendments or Modifications. No amendments or modifications to this Agreement
may be made, nor any provision waived, unless in writing signed by a person duly authorized
to sign agreements on behalf of each party.
9.11 Relationship of Parties. In performing this Agreement, both the Corporation and
WORKSOURCE will act in an individual capacity, and not as agents, representatives,
employees, employers, partners, joint - venturers, or associates of one another. The
employees or agents of either party may not be, nor be construed to be, the employees or
agents of the other party for any purpose.
9.12 Captions. The captions in this Agreement are for convenience only and are not a part
of this Agreement. The captions do not in any way limit or amplify the terms and provisions
of this Agreement.
9.13 Severability.
.1 If for any reason, any section, paragraph, subdivision, clause, provision, phrase or
word of this Agreement or the application of this Agreement to any person or
circumstance is, to any extent, held illegal, invalid, or unenforceable under present or
future law or by a final judgment of a court of competent jurisdiction, then the
remainder of this Agreement, or the application of the term or provision to persons or
circumstances other than those as to which it is held illegal, invalid, or unenforceable,
will not be affected by the law or judgment, for it is the definite intent of the parties to
this Agreement that every section, paragraph, subdivision, clause, provision, phrase,
or word of this Agreement be given full force and effect for its purpose.
.2 To the extent that any clause or provision is held illegal, invalid, or unenforceable
under present or future law effective during the term of this Agreement, then the
remainder of this Agreement is not affected by the lave, and in lieu of any illegal,
invalid, or unenforceable clause or provision, a clause or provision, as similar in terms
H :LegDir/ ws /EcoD vW RKs UR E /Draftlncentive 4A 07111 clean
Page 11 of 1
to the illegal, invalid, or unenforceable clause or provision as may be possible and be
legal, valid, and enforceable, will be added to this Agreement automatically.
9.14 enue. Venue for any legal action related to this Agreement is in Nueces County,
Texas. WORKSOURCE CE consents to, and waives any objections to, in personum jurisdiction
in Nueces County, Texas. This agreement and the relationship between Corporation and
WORKSOURCE shall be governed and interpreted under the laws of the State of Texas
without regard to any conflict of laws or provisions.
9.15 Sole Agreement. This Agreement constitutes the sole agreement between the
Corporation and WORKSOURCE. Any prior agreements, promises, negotiations, or
representations, verbal or otherwise, not expressly stated in this Agreement, are of no force
and effect. Except as otherwise provided herein, this Agreement cannot be modified or
amended without a written agreement of the parties.
9.16 Counterparts. This Agreement may be executed in any number of counterparts, each
of which shall be deemed an original and constitute one and the same instrument.
9.17 Representation. Corporation represents that no Corporation board member or
employee, City of Corpus Christi officer or employee, has been or will be compensated in any
manner with respect to directly or indirectly bringing the parties hereto together, agreement
negotiations, or the entering into of this Agreement. in no event will WORKSOURCE SOURCE pay a
fee to or in any manner compensate any Corporation board member or employee, City of
Corpus Christi officer or employee, in connection with the acceptance of this Agreement. A
breach of this provision (10.17) shall result in automatic and immediate termination of this
Agreement, and shall be an act of default by WORKSOURCE.
9.18 Other Contracts. it is understood by WORKSOURCE that Corporation has heretofore
entered, and may hereafter enter, into contracts with other companies or persons upon terms
and conditions different from the terms and conditions of this Agreement, and
WORKSOURCE CE has no standing to object whatsoever to any such contracts or require any
modifications or changes to its Agreement due to such other agreements.
9.19 Corporation, its officers and employees, and its agents or contractors retained to
perform economic development services for Corporation, shall treat as confidential the
financial statements of WORKSOURCE KSOUf CE and shall not release such information to the public,
unless required by law or court order. Corporation shall immediately notify WORKSOURCE
of requests or court orders to release such information.
9.20 All representations, warranties, covenants and agreements of the parties, as well as
any rights and benefits of the parties pertaining to the transaction contemplated hereby, shall
survive the original execution date of this agreement.
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Page 12 of 1
EXECUTED on the date shown opposite the signature f each party.
Corpus Christi Business & Job Development Corporation
By:
EIoy Salazar, Chairperson
Date:
Attest
By:
Armando Chapa, Assistant Secretary
Approved as to form:
f
Smtth
Assistant City Attorney
For City Attorney
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Page 13 of 17
Coastal Bend Workforce Development Board
dba WorkSource of the Coastal Bend
By: Larry Demieville, ille, Director of Business Development
Date:
Attest:
By:
Title:
Federal Tax ID No.:
Corporate Seal:
The State of Texas§
County of Iuees§
Before me, (Notary's name), on this day
personally appeared Larry Demieville, Director of Business Development of Coastal Bend
Workforce Development Board, dba Work Source a of the Coastal Bend, known to me to be the
person whose name is subscribed to the foregoing instrument and acknowledged to me that
he executed the same in the capacity stated as the act of Work Source, a local Workforce
Board, for the purposes and consideration expressed in the instrument.
Given under my hand and seal of office this the day of , 2007.
Notary Public, State of Texas
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Page 14 of 17
SCHEDULES
SCHEDULE A
11 ORKSOURCE'
CONDITIONS PRECEDENT :
AND PERFORMANCE
REQUIREMENTS
WORKSOURCE's SO lRCE' TIME OF
PERFORMANCE
January 15 through May 15,
2008
CORPORATION's
CE
PERFORMANCE
REQUIREMENTS
An amount not to exceed
$7O2O payable in monthly
installments based upon
invoices received from
WORKSOURCE
Employment of two interns
for 20 hours per week and 12
weeks per semester during
the Spring Semester of 2008,
with a goal of contacting 100
small business employers to
participate in the internship
program, referring small
business employers to Texas
A &M University—Corpus
Christi and Del Mar College,
providing follow -up on
contacts, with
WORKSOURCE providing
administrative oversight,
direct supervision, and
workplace resources for the
interns.
Employment of two interns
for 20 hours per week and 12
weeks per semester during
the Fall Semester of 2008,
with a goal of contacting 100
small business employers to
participate in the internship
program, referring small
business employers to Texas
A&M University —Corpus
Christi and Del Mar College,
providing follow-up on
contacts, with
WORKSOURCE providing
administrative oversight,
direct supervision, and
workplace resources for the
interns.
August 15 through December
15, 2008
An amount not to exceed
$7,020 payable in monthly
installments based upon
invoices received from
WORKSOURCE
URGE
Employment of two interns
for 20 hours per week and 12
January 18 throughyay 18,
An amount not to exceed
$7,020 payable in monthly
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Page 15 of 17
weeks per semester during
the Spring Semester of 2009,
with a goal of contacting 100
small business employers to
participate in the internship
program, referring small
business employers to Texas
AM University- Corpus
Christi and Del Mar College,
providing follow -up on
contacts, with
WORKSOURCE providing
administrative oversight,
direct supervision, and
workplace resources for the
interns.
2009
installments based upon
invoices received from
WORKSOURCE
SCHEDULE
WORKSOURCE's PERFORMANCE
REQUIREMENTS
WORKSOURCE's TIME OF
PERFORMANCE
Providing a dministrative oversight at the I Beginning January 15, 2008 and continuing
Board and filed staff level; direct supervision during the Spring and Fall Semesters of 2008
at the field staff level; and workplace and the Spring_Semester of 2009.
resources, computers, telephones, and the
administrative costs to process the pay of the
two interns in the small business employer
outreach campaign.
- SCHEDULE C
WORKSOURCE's SOURCE' PERFORMANCE CE
ORKSOUf C 'e TIME OF
REQUIREMENTS
T's !
MANC
PERFORMANCE
Create and maintain not less than two intern
January 15 through May 15, 2008
(2) employment positions to assist in the
small business employer intern program for
its facility in Corpus Christi, Nueces County,
Texas, with an hourly wage of $11.70 per
hour, plus personnel costs during the Spring
Semester 2008.
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Page 16 of 17
Create and maintain not less than two intern
(2) employment positions to assist in the
small business employer intern program for
its facility in Corpus Christi, Nueces County,
Texas, with an hourly wage of $13.1O per
hour plus personnel costs during the Fall
Semester of 2008 and the Spring Semester
of 2009.
August 15 through December 15, 2008 and
January 15 through May 15, 2009
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Page 17 of 17
Page 1 of 2
A RESOLUTION
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE A PROJECT AGREEMENT WITH THE CORPUS
CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION
REGARDING IMPLEMENTATION AND ADMINISTRATION OF
THE AGREEMENT TO GRANT BUSINESS INCENTIVES TO
WORKSOURCE OF THE COASTAL BEND FOR AN INTERN
PROGRAM TO ASSIST SMALL BUSINESSES IN CORPUS
CHRISTI
WHEREAS, there is a need for a project agreement between the City of Corpus
Christi and the Corpus Christi Business and Job Development Corporation for
the implementation and administration of the business incentive agreement with
Work Source of the Coastal Bend (Work Source) for an intern program to assist
small businesses in Corpus Christi.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. That the City MManager or his designee is authorized to execute the
project agreement between the City of Corpus Christi and the Corpus Christi
Business and Job Development Corporation for the implementation and administration of the business incentive agreement with Work Source for an intern
program ram to assist small businesses in Corpus Christi, which is attached hereto.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED ED ae to form: December 5, 2007
Smith
Assistant City Attorney
For the City Attorney
Henry Garrett
Mayor
I :1L -D!M haredl at la en tal20071' 2 -111f es- ProjectAgr -4ABd -work ource.doc
Page 2 of 2
Corpus Christi, Texas
of , 2007
The above resolution was passed by the foliowing vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Rummell
Bill Kelly --
Priscilla G. Leal
John E. Marez
Nelda Martinez Michael McCutchon
F# :\LEG -DI IShar d\ ary iftes-ProjectAgmt-4ABd-WorkSource.cloc
Bd -11 ork ours .d
BUSINESS INCENTIVES PROJECT AGREEMENT
This Business Incentives Project Agreement (" Project Agreement's is entered into
between the Corpus Christi Business and Job Development Corporation ("Corporation")
and the City of Corpus Christi, Texas ("City").
WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas
Revised Civil Statutes (Development Corporation Act of 1979) empowered ered local
communities with the ability to adopt an optional local sales and use tax as a means of
improving the economic health and prosperity of their citizens;
WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ("City")
passed Proposition 2, New and Expanded Business Enterprises, which authorized the
adoption of a sales and use tax for the promotion and development of new and
expanded business enterprises at the rate of one - eighth of one percent to be imposed
for 15 years,
WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 was
subsequently enacted by the City Council and filed with the State Comptroller of Texas,
effective April 1, 2003, to be administered by the Corporation's Board of Directors;
WHEREAS, the Corporation exists for the purposes of encouraging and assisting
entities in the creation of jobs for the citizens of Corpus Christi, Texas;
WHEREAS, the Board of Directors of the Corporation ("Board"), on September 10,
2007, amended the Corporation's Guidelines and Criteria for Granting Business
Incentives;
WHEREAS, Section 21 of the Texas Development Corporation Act of 1979, Art. 5190.6,
Vernon's Texas Revised Civil Statutes, requires the City Council to approve all
programs and expenditures of the Corporation;
WHEREAS, the City Council approved the Corporation's amended Guidelines and
Criteria for Granting Business Incentives on September 18, 200 7;
WHEREAS, Coastal Bend Workforce Development Board has submitted a proposal to
the Corporation to request business incentives of approximately $21,900 to be used to
assist Coastal Bend Workforce Development Board in its creating and maintenance of
two intern employment positions at Facility to assist with the promotion and operation of
the internship programs of Texas A&M University— Corpus Christi and Del Mar College
to assist small business employers in the City of Corpus Christi;
WHEREAS, the Board has determined that it is in the best interests of the citizens of
Corpus Christi, Texas that business incentives be offered to Coastal Bend Workforce
Development Board
WHEREAS, the Corporation and Coastal Bend Workforce a Development Board have
executed an agreement to grant business incentives to Coastal Bend Workforce
e
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Development Board for the creation of jobs to assist small business employers
(Business Incentives Agreement).
In consideration of the covenants, promises, and conditions stated in this Project
Agreement, the Corporation and the City agree as follows:
1. Project Agreement to Implement Business Incentives Agreement. ent. This Project
Agreement t between the City and the Corporation is executed to implement the
Agreement to Grant Business Incentives to Coastal Bend Workforce Deveioment
Board for the Creation of Jobs to assist small business employers between the
Corporation and Coastal Bend Workforce Development Board
2. Term. The term of this Project Agreement runs concurrently with the term of the
Business Incentives Agreement.
3. Services to be Provided by City.
a. The City Manager, or the City Manager's designee, shall administer funding
on behalf of the Corporation.
b. The City Manager, or the City Manager's designee, shall perform contract
administration responsibilities outlined in the Business Incentives Agreement for
the Corporation.
4. Appropriation of Funds. Any future payments by the City are subject to
appropriation of funds by City's Council.
5. Effective Date. The effective date of this Project Agreement is the latest date that
either party executes this Agreement.
6. Amendments or Modifications. No amendments or modifications to this Project
Agreement may be made, nor any provision waived, unless in writing signed by a
person duly authorized to sign agreements on behalf of each party.
7. Sever ability.
a. If for any reason, any section, paragraph, subdivision, clause, provision,
phrase or word of this Project Agreement or the application of this Project
Agreement to any person or circumstance is, to any extent, held illegal, invalid, or
unenforceable under present or future law or by a final judgment of a court of
competent jurisdiction, then the remainder of this Project Agreement, or the
application of the term or provision to persons or circumstances other than those
as to which it is held illegal, invalid, or unenforceable, will not be affected by the
law or judgment, for it is the definite intent of the parties to this Project
Agreement that every section, paragraph, subdivision, clause, provision, phrase,
or word of this Project Agreement be given full force and effect for its purpose.
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b. To the extent that any clause or provision is held illegal, invalid, or
unenforceable under present or future law effective during the term of this Project
Agreement, then the remainder of this Project Agreement is not affected by the
law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a
clause or provision, as similar in terms to the illegal, invalid, or unenforceable
clause or provision as may be possible and be legal, valid, and enforceable, Will
be added to this Project Agreement automatically.
8. Captions. The captions in this Project Agreement are for convenience only and are
not a art of this Project Agree tent. The captions do not in any way limit or amplify the
part g
terms and provisions of this Project Agreement.
The City of Corpus Christi Corpus Christi Business
Job Development Corporation
George K. Noe
City Manager
Date:
Attest
Date:
Armando Chapa
City Secretary
Approved as to Legal Form this 5 !_day of December, 2007.
Gary Smith
Assistant City Attorney
for City Attorney
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38
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: December 11, 2007
AGENDA ITEM:
A. Resolution approving a performance based agreement between the Corpus Christi
Business and Job Development Board (4A Board) and SCORE Chapter 221
granting $29,167 in business incentives for the operation of a program to assist
small and start -up businesses in Corpus Christi.
B. Resolution authorizing the City Manager or his designee to execute a project
agreement with the Corpus Christi Business and Job Development Corporation
regarding implementation and administration of the agreement to grant business
incentives to SCORE Chapter 221 for a program to assist small and start -up
businesses in Corpus Christi.
ISSUE: To assist in the job development and growth of small businesses in the community.
PREVIOUS COUNCIL ACTION: None
CONCLUSION AND RECOMMENDATION: Staff recommends ends approval to grant business
incentives to SCORE in the amount of $29,167 to assist small and start -up businesses
beginning January 1, 2008 through July 31, 2008.
c3.1,4,0-, CA-1.4.1-1.-v.
Irma Caballero
Director of Economic Development
BACKGROUND INFORMATION
Background
On June 4, 2007, staff received approval to issue a Request for Proposals (RFP) for
$200,000 for small business support services. A bidder's list was created and the RFP
was sent out to potential applicants. Six proposals were submitted among them was the
Service Corps of Retired Executives (SCORE). The contract was issued for the ACCION
Texas micro - tending program.
On August 20, 2007, the 4A Board approved the re- appropriation of $443,015 of unspent
funds from previous fiscal years and increased the small business support services
funding by an additional $200,000. On August 28, 2007, City Council approved the re-
appropriations.
SCORE has resubmitted their original RFP and an addendum for funding consideration to
provide small business support services for a seven month period beginning January 1,
2008 through July 31, 2008, with are option for a one (1) year renewal based on
performance requirements.
Service Corps of Retired E ecu ives SLO E - Amount requested $29,167
SERVICES
VICES
SCORE seeks funding to enhance and expand its current business assistance services to
small business owners. Services include: Face to Face meetings, business related
workshops, providing small business related written materials and text manuals to clients,
business counseling via email, telephone conferencing and office trips, publication of
articles of interest and knowledge to small business and referral services.
PROGRAM OUTCOME
SCORE seeks funds for the creation of an executive assistant/coordinator position to
enable SCORE to better monitor and serve its clients. It will eliminate duplication and
permit effective handling of cases relating to small businesses. Such will also enhance
follow up to clients, scheduling of work shops, conferences and other presentations and
telephone and computer communication.
Marketing funds will be used for advertising activities to acquaint many additional small
business prospects with SCORE services.
SCORE believes clientele will increase by 50% and the goals of the small business
support program will be accomplished if funded. SCORE reports they served 901 clients in
2006.
It has been the accumulated experience of SCORE that as successful small businesses
are established, serviced, and advised, such businesses employ personnel to assist in the
expanding opportunities of the company. Additionally, services are purchased from other
businesses as required. In turn, this creates more jobs for the Corpus Christi community.
PERFORMANCE REQUIREMENTS
SCORE will report number of volunteer hours, number of clients served and number of
jobs created to the Economic Development Office on a quarterly basis. This will be
accomplished by means of establishing the executive assistant/coordinator position.
BUDGET
SCORE is requesting $29,167 from the City of Corpus Christi to be used to contract an
executive assistant coordinator position for a seven (7) month period beginning January 1,
2008 through July 31, 2008, and for advertising of SCORE program services.
Line Item
Proposed Budget
In -Kind
Staff Costs -- - -
$14,583.50 (Note 1)
Marketing
1 4, 3. 0 (Note 2)
In -Kind contributions
-- --
94,381 (Note
Total
$29,167
-
$94,400
Budget Notes:
(1) $14,583.50 will be used to contract with an executive assistant for 7 months
(2) $14,583.50 will be used to advertise SCORE services or 7 months
(3) Value of services to small businesses (944 hours) is estimated at the minimum of
$100 per hour considering the background and experience of the volunteer
counselors and would cost more if purchased on the open market. The monetary
value of services for seven months based on the last fiscal year is $94,400.
Page 1 of 2
A RESOLUTION
APPROVING A PERFORMANCE BASED AGREEMENT
BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB
DEVELOPMENT CORPORATION (4A BOARD) AND SCORE
CHAPTER 221 GRANTING $29,'!67 IN BUSINESS INCENTIVES
FOR THE OPERATION OF A PROGRAM TO ASSIST SMALL
AND START -UP BUSINESSES IN CORPUS CHRISTI
WHEREAS, there is a need for an agreement between the Corpus Christi
Business and Job Development Corporation and SCORE Chapter 221 (SCORE)
to grant $29,167 in business incentives to SCORE for a program to assist small
and start -up businesses in Corpus Christi.
NOW, THEREFORE, l E, E IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. That the performance based agreement between the Corpus Christi
Business and Job Development ent Corporation (4A Board) and SCORE, which is
attached hereto, is approved.
ATTEST:
Armando Chapa
City Secretary
APPROVED as to form: December 5, 2007
aY y
)
G 11'x. Smith Assi City Attorney
For the City Attorney
art OF CORPUS CHRISTI
Henry Garrett
Mayor
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Corpus Christi, Texas
- of , 2007
The above resolution was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel!
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael M Cut hon
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AGREEMENT TO GRANT BUSINESS INCENTIVES ES To
SCORE CHAPTER 221
FOR SMALL BUSINESS ASSISTANCE
This Agreement to Grant Business Incentives for Small Business Assistance ("Agreement") is
entered into by and between the Corpus Christi Business and Job Development Corporation
("Corporation"), a Texas nonprofit corporation organized under V.A.C.S. Art. 5190.6, Sec. 4A,
with mailing address of 1201 Leopard Street, Corpus Christi, Texas, 78401, and SCORE
Chapter 221, ("SCORE "), a nonprofit association, with principal place of business at 3649
Leopard Street, Suite 411, Corpus Christi, Texas 78408.
1. BACKGROUND
1.1 Purpose of Agreement. Corporation is a tax-supported non- profit corporation, whose
primary income is from sales tax collected within the City of Corpus Christi and dedicated
exclusively to economic development. This sales tax supporting Corporation is authorized as
a local option under Texas Revised Civil Statutes, Art. 5190.6, Sec. 4A, Corporation exists
for the primary purpose of developing, stabilizing, diversifying, and expanding the Corpus
Christi economy through the retention, expansion, and recruitment of employment
opportunities in order to benefit the citizens of Corpus Christi and the surrounding areas.
1.2 Project. The project and performance requirement to be implemented by means of this
agreement are generally described as follows:
Providing assistance to small businesses and persons and entities desiring to begin and
operate a small business in Corpus Christi by mentoring clients, conducting workshops,
advisin g clients as to business plans, pro formas, form of business entity, financial
implications, and all other aspects of small business operations. SCORE will retain an
executive assistant/coordinator to assist the SCORE volunteers in administering the
assistance ro g ram. SCORE will engage in a limited advertising campaign to publicize the
assistance program. The performance requirements shall be continuously maintained during
the entire term of this agreement.
NOW, THEREFORE, F E, in consideration of the premises and of the mutual covenants,
warranties, and agreements of the parties, it is agreed as follows:
11. ECONOMIC BENEFITS AND INCENTIVES AND PERFORMANCE REQUIREMENTS
2.1 BY THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION
ATIO f
.1 Money n Grp: Corporation will convey by grant to SCORE a total of
Twenty-nine Thousand One Hundred Sixty -seven Dollars ($29,167), as set forth in
t Schedule A, subject to the performance requirements of SCORE and the conditions
precedent set forth in Schedule A.
Failure by Corporation to timely and fully comply with any performance requirement
shall be an act of default by Corporation giving SCORE , as its sole remedy, the right
to the contracted amount to be conveyed and further being Iirnited to the terms and
conditions contained in Article VII, paragraph 7.1, hereof.
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SCORE '5 CONDITIONS
PRECEDENT AND
PERFORMANCE
REQUIREMENTS
SCHEDULE A
SCORE 's TIME OF
PERFORMANCE
Employment of an executive . anuar y 1 through July 31,
assistant/coordinator on a . 2008
full - time basis (1,213 hours
per year) to assist the
SCORE volunteers to provide
assistance to small
businesses and persons and
entities desiring to begin and
operate a small business in
Corpus Christi by mentoring
clients, conducting
workshops, advising clients
as to business plans, pro
formas, form of business
entity, financial implications,
and all other aspects of small
business operations; and
conduct a limited advertising
campaign to publicize the
assistance program to small
i businesses.
CORPORATION'S
PERFORMANCE
REQUIREMENTS
$29,167 payable within 30
days of invoicing for
expenses under this
agreement.
2.2 BY SCORE
.1 investment—Facility: : SCORE is not required to make a capital investment,
however SCORE shall perform the performance requirements as set forth in Schedule
E.
Failure by SCORE to timely and fully comply and to continue to comply with any
performance requirement of this agreement shall be an act of default.
SCORE '5 PERFORMANCE
REQUIREMENTS
SCHEDULE
Providing 944 hours of general and technica
services to small businesses through
volunteer counselors.
n SCORE 's TIME OF PERFORMANCE
Beginning January 1, 2008 and continuing
until July 31, 200 8.
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.2 Employment:
SCORE shall comply with the employment requirements set forth in Schedule C.
Failure by SCORE to timely and fully comply and to continue to comply with any
performance requirement of this agreement shall be an act of default.
SCHEDULE C
SCORE 's PERFORMANCE I SCORE 's TIME OF PERFORMANCE
REQUIREMENTS
Create and maintain not less than one
contract executive assistant coordinator
position with an average annual salary of
$25,000.
January 15, 2008
111. REPORTING AND MONITORING
3.1 Reports and Monitoring: SCORE agrees to the following reporting and monitoring
■ ■
provisions, and failure to fully and timely comply with any one requirement shall constitute an
p y �
act of default.
.1 SCORE shall provide an annual report certifying the status of compliance
through the life of the agreement. Documentation for jobs may be in the form of
quarterly IRS 941 returns, SCORE employer Quarterly Reports, or employee rosters
that show the hours worked and the positions filled, and such other reports as may
reasonably be required.
.2 SCORE, durin g normal working hours, at its Corpus Christi, Texas, facility, shall
allow Corporation and its designee, Corpus Christi Regional Economic Development
Corporation, reasonable access to SCORE 's Facility to allow Corporation to verify
construction progress.
.3 SCORE, during normal working hours, at its Corpus Christi, Texas, facility, shall
allow Corporation and its designee, Corpus Christi Regional Economic Development
Corporation, reasonable access to SCORE 's employment records and books, to verify
employment and all other relevant records related to each of the other economic
development considerations and incentives, as stated in this agreement, but the
confidentiality of such records and information shall be maintained by Corporation and
its designee, Corpus Christi Regional Economic Development Corporation, unless
such records and information shall be required by a court order, a lawfully issued
subpoena, or at the direction of the Office of the Texas Attorney General.
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iv. COVENANTS, WARRANTIES, OBLIGATIONS AND DUTIES
4.1 SCORE makes the following covenants and warranties to corporation, and agrees to
timely and fully p erform the following obligations and duties. Any false or substantially
misleading statement contained herein or failure to timely and fully perform as required in this
agreement shall be an act of default by SCORE. Failure to comply with any one covenant or
warranty shall constitute an act of default by SCORE.
1. SCORE is duly organized, validly existing, and in good standing and authorized to
do business in the State of Texas under the laws of the State of Texas, has all power
and authority to carry on its business as presently conducted in Corpus Christi, Texas.
.2 The execution of this agreement has been duly authorized by SCORE 's board of
directors, and the officer signing this agreement is an officer of the organization,
empowered to execute such agreement and bind the organization, said authorization,
signing and binding effect is not in contravention of any law, rule or regulation, or the
g g
provisions of SCORE 's by-laws, or of any agreement or instrument to which SCORE
is a p arty or by which it may be bound, such authority to be evidenced by an
organizational resolution, attached hereto at the time of execution. SCORE has the
authority to enter into and perform, and will perform, the terms of this Agreement.
.3 SCORE has timely filed and will timely file all local, State, and Federal tax reports
and returns required by law to be filed and all taxes, assessments, fees, and other
governmental charges, including applicable ad valorem and employment taxes, have
been timely paid, and will be timely paid, during the term of this Agreement.
.4 No g
or litigation governmental proceeding is pending or, to the knowledge of
g
SCORE or SCORE 's officers, threatened against or affecting SCORE that may result
in any material adverse change in SCORE 's business, properties, or operations. No
consent, approval or authorization of or registration or declaration within any
governmental authority is required in connection with the execution of this agreement
or the transactions contemplated hereby.
.5 No certificate, statement or information provided by SCORE to Corporation or the
City of Corpus Christi in connection with any transaction contemplated hereby,
contains any untrue statements or fails to state any fact necessary to keep the
statements contained therein from being misleading.
.6 To the best of its knowledge, SCORE has acquired and maintained all necessary
rights, licenses, permits, and authority to carry on its business operations in Corpus
g p .
Christi, Texas, and will continue to use its best efforts to maintain all necessary rights,
licenses, permits and authority.
.7 The funds herein granted shall be utilized solely for the purpose of offsetting the
cost of creatin g and maintaining the one 1 employment position at SCORE 's Corpus
Christi facility.
.8 SCORE shall continue its full- time business activities on its property in Corpus
Christi, Texas, including maintaining its employment and investment requirements at
all times throughout the term of this agreement.
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.9 SCORE shall complete the project required by this Agreement and shall provide
and staff the required employment positions, investment, and other economic
development considerations described in this Agreement.
.10 SCORE shall timely and fully comply with all of the terms and conditions of this
Agreement.
.11 SCORE shall notify Corporation in writing of substantial changes in management
within seven ( days. Substantial changes mean changes in Chairman of the Board,
President, C.E.O. or area management.
.12 SCORE has received a copy of the Texas Development Corporation Act of 1979,
Art. 5190.6, Vernon's Texas Revised Civil Statutes, and acknowledges that the funds
granted in this Agreement must be utilized solely for purposes authorized under State
law and by the terms of this Agreement.
.13 In the event it is determined by Corporation or City of Corpus Christi that funds
provided under this Agreement were not used in accordance with State law, then
SCORE agrees to repay such funds to the Corporation within 30 days of written notice
requesting reimbursement.
.1 If an audit determines that the funds were not used for authorized purposes,
SCORE agrees to reimburse Corporation for the sums of money spent for purposes
not authorized by law within 30 days written notice requesting reimbursement.
.15 There are no bankruptcy proceedings currently pending concerning SCORE, nor
are any such p ro eedings contemplated by SCORE, as of the date of execution of this
Agreement by SCORE.
.16 SCORE will not discriminate nor permit discrimination against any person or group
of persons, with regard to employment and the provision of services at, on, or in the
Facility, on the grounds of race, religion, national origin, marital status, sex, age,
disability, or in any manner prohibited by the laws of the United States or the State of
Texas.
.17 SCORE agrees to provide information, reports, or statements respecting its
business operations and financial condition as Corporation may reasonably request
from time to time.
4.2 All representations, warranties, covenants and agreements of the parties, as well as any
rights and benefits of the parties pertaining to the transaction contemplated hereby, shall
survive the original execution date of this agreement.
V. SUSPENSlQNS1TERM1NATiONS
5.1 Corporation, under the following circumstances, and at its sole discretion, may suspend
its obligations under this agreement or terminate this agreement and recapture from SCORE
any of the money grants or consideration paid by Corporation to SCORE, without liability to
SCORE, upon any one of the following events, which are an act of default.
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.1 The appointment of a receiver of SCORE, or of all or any substantial part of its
property, and the failure of such receiver to be discharged within sixty (60) days
thereafter.
.2 The adjudication of SCORE as bankrupt.
.3 The filing SCORE of a petition or an answer seeking bankruptcy, receivership,
reorganization, or admitting the material allegations of a petition filed against it in any
bankruptcy or reorganization proceeding.
VI. DEFAULT
6.1 Events of Default. Should SCORE fail to timely, fully and completely comply with any
one or more of the requirements, obligations, duties, terms, conditions or warranties of this
agreement such failure shall be an act of default by SCORE and, if not fully and completely
cured and corrected within sixty days after written notice to do so, Corporation may
terminate this agreement and pursue all legal remedies as provided by law, provided
however that SC RE's liability under this agreement shall be limited to the recapture from
SCORE any of the money rants or consideration paid by Corporation to SCORE under this
agreement. Corporation shall not be liable to SCORE for any alleged consequential
damages. Additionally, the following events shall constitute a default of this Agreement:
.1 The Corporation or City determines that any representation or warranty on behalf of
SCORE contained in this Agreement or in any financial statement, certificate, report,
or opinion submitted to the Corporation in connection with this Agreement was
incorrect or misleading in any material respect when made;
.2 Any judgment is assessed a ainst SCORE or any attachment or other levy against
against
property of SCORE with respect to a claim remains unpaid, undischarged, or not
dismissed for a period of 30 days.
.3 If taxes on the Facility become delinquent, and SCORE fails to timely and properly
follow the legal procedures for protest or contest.
.4 SCORE changes the general character of business as conducted of the date this
Agreement is approved by the Corporation.
6.2 In the event of unforeseeable third party delays in the performance of this Agreement
or force majeure and upon a reasonable showing by SCORE that it has immediately and in
good faith commenced and is diligently and continuously pursuing the correction, removal or
abatement of such delays by using its best efforts, Corporation may consent to and excuse
such delays, which consent and excuse shall not be unreasonably withheld. Failure by
SCORE to use its best efforts as required in this paragraph shall be an act of default. Force
majeure means severe weather such as tornadoes or flooding, named storms or hurricanes,
wars, riots, and the unavailability of necessary and essential equipment and supplies from all
sources.
6.3 Any delay for any amount of time by corporation in providing notice of default to
SCORE shall in no event be deemed or constitute a waiver of such default by Corporation of
its rights and remedies available under this agreement, or in law or equity.
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6.4 Any waiver granted by Corporation to SCORE of any covenant or condition, the
breach of any covenant or condition of this Agreement, or of an act of default shall not be
deemed or constitute a waiver of any other existing or future breach of a covenant or
condition, or act of default by SCORE or of a subsequent breach of the same covenant or
condition or act of default of the same act or event by SCORE.
6.5 No waiver of any covenant or condition, or the breach of any covenant or condition of
this Agreement, justifies or authorizes the nonobservance on any other occasion of the
covenant or condition or any other covenant or condition of this Agreement.
6.6 Any waiver or indulgence of SCOREs default may not be considered an estoppel
against the Corporation.
6.7 Results of Uncured Default. After exhausting good faith attempts to address any
default during the Cure Period, and taking into account any extenuating circumstances that
might have occurred through no fault of SCORE, as determined by the Board of Directors of
the Corporation, the following actions must be taken for any default that remains uncured
after the Cure Period:
.1 SCORE shall pay Corporation reasonable attorney fees and costs of court to collect
amounts due to Corporation.
.2 The corporation shall have no further obligations to SCORE under this Agreement.
.3 Neither the City nor the Corporation may be held liable for any consequential
damages.
.4 The Corporation may pursue all remedies available under law.
6.8 SCORE shall give Corporation written notice of any act of default by Corporation, and
corporation shall have thirty (30) days after receipt of the notice to cure the default. Failure
by corporation to timely and fully cure the act of default shall permit SCORE to pursue its
legal remedies as provided in this agreement.
VII. CORPORATION'S LIABILITY LIMITATIONS
7.1 Payments: SCORE specifically agrees that Corporation shall only be liable to
SCORE for the actual amount of the money grants to be conveyed to SCORE and shall not
be liable to SCORE for any other actual or consequential damages, direct or indirect, interest,
attorney fees, or costs of court for any act of default by Corporation under the terms of this
agreement. It is further specifically agreed that Corporation shall only be required to pay the
grant amounts solely out of its sales tax revenue currently collected, allocated and budgeted
and to be allocated, budgeted and collected for SCORE during the term of this agreement.
Payment by Corporation is strictly limited to those funds so allocated, budgeted and collected
solely during the grant term of this agreement, being January 1, 2008, through July 31, 2008.
Corporation shall use its best efforts to anticipate economic conditions and to budget
accordingly. However, it is further understood and agreed that, should the actual total sales
tax revenue collected for any one year be less than the total amount of grants to be paid to all
contracting parties with corporation for that year, then in that event, all contracting parties
shall receive only their pro rata share of the available sales tax revenue for that year, less
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Corporation's customary and usual costs and expenses, as compared to each contracting
parties' grant amount for that year, and Corporation shall not be liable to SCORE for any
such deficiency at that time or at any time in the future. In this event, Corporation will provide
uc � �
all supporting documentation, as requested. Payments to be made to SCORE shall also
require a written request from SCORE to be accompanied by all necessary supporting
documentation. Corporation shall have forty-five days to make payment after receipt of
nt request. The payment request should be directed to the address provided for
such paym p
Corporation below.
VI11. DEFINITIONS
S
As used in this agreement, the following words or phrases shall have the following meanings:
8.1 City of Con us Christi or City shall mean the governing municipal corporation, the area
that is within the city limits of the City of Corpus Christi, Texas,
8.2 Compliance shall mean timely, fully and completely performing or meeting each and
every requirement, obligation, duty, condition, or warranty as stated in this agreement
Compliance shall mean complete compliance and shall not mean substantial compliance.
8.3 Act of Default shall mean failure to timely and fully comply with one or more
requirements, obligations, duties, terms, conditions or warranties, as stated in this
r oration may, in its sole discretion, accept substantial compliance in lieu of
agreement. �o y, . .
full compliance by waiving such act of default solely by an instrument in writing.
8.4 insolvent shall mean failure to timely pay debts in the ordinary course of business or
cannot pay debts as they become due, or is insolvent within the meaning of the federal
c � �
bankruptcy law.
8.5 Force Majeure shall mean severe weather such as tornadoes or flooding, named
hurricanes, wars, riots and the unavailability of necessary and essential equipment
storms or ,
and supplies from all sources.
IX. GENERAL TERMS
9.1 Effective Date. The effective date of this Agreement ("Effective Date") is the latest
date that either party executes this Agreement.
9.2 Term. The term of this Agreement is seven months from the Effective Date with an
option to renew for one year upon mutual consent of both parties.
9.3 Termination. This Agreement may be terminated by mutual agreement of the parties
or by either party, upon the failure of the other party to fulfill an obligation as set forth herein.
termination of this Agreement shall extinguish all rights, duties, obligations, and liabilities
The
of the parties under this g reement, except all rights, duties, liabilities, and obligations
accrued prior to such termination shall survive termination.
9.4 Compliance with Laws. This Agreement is subject to all legal requirements in the city
Charter and Code of Ordinances of the City of corpus Christi and ail other applicable county,
state, and federal laws. SCORE shall observe and obey all applicable laws, ordinances,
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regulations, and rules of the Federal, State, County and City governments, as may be
amended or enacted. This Agreement shall be governed by and construed in accordance
with the laws and court decisions of the State of Texas.
9.5 Assignment. This Agreement shall be binding upon the parties hereto and their
successors and assigns. However, SCORE may not assign all or any part of its rights,
privileges, or duties under this Agreement without the prior written approval of the
Corporation and City. Any attempted assignment without approval is void, and constitutes a
breach of this Agreement.
9.6 Indemnity. SCORE covenants to fully indemnify, save, and hold harmless the
Corporation, the City, their respective officers, employees, and agents "Indemnitees
against all liability, damage, loss, claims, demands, and actions of any kind on account
of personal Injuries (including, without limiting the foregoing, workers' compensation
and death claims), or property loss or damage of any kind, which arise out of or are in
any manner connected with, or are claimed to arise out of or be in any manner
connected with SCORE activities conducted under or incidental to this Agreement,
including any injury, loss or damage caused by the sole or contributory negligence of
any or all of the Indemnitees. SCORE must, at its own expense, investigate all those
claims and demands, attend to their settlement or other disposition, defend all actions
based on those claims and demands with counsel satisfactory to l rdemnitees, and pay
all charges of attorneys and all other costs and expenses of any kind arising from the
liability, damage, loss, claims, demands, or actions.
9.7 u Local Provision. SCORE agrees to use its best efforts to give preference and
priority to local manufacturers, suppliers, contractors, and labor, except where not reasonably
possible to do so without added expense, substantial inconvenience, or sacrifice in operating
efficiency. For the purposes of this section, the term "local" as used to describe
manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who
reside in or maintain an office within a 50-mile radius of Nueces County.
9.8 Notices.
a. Any required written notices shall be sent mailed, certified mail, postage prepaid,
addressed as follows:
SCORE Chapter221:
SCORE
c/o Bern F. McDonald
3649 Leopard St., Suite 411
Corpus Christi, Texas 78408
Corporation:
City of Corpus Christi
Business and Job Development Corporation
Attn: Executive Director
1201 Leopard Street
Corpus Christi, Texas 78401
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Page 9 of 15
b. A copy of all notices and correspondence must be sent to the City at the following
address:
es.
City of Corpus Christi
Attn.: city Manager
P.O. Box 9277
Corpus Christi, Texas 78469 -9277
c. Notice is effect ive upon deposit in the United States mail in the mariner provided
�
above.
9.9 Incorporation of other documents.
. Business & Job Development Corporation Guidelines & Criteria
a. The Corpus Christi
Business Incentives ("Corporation Guidelines , adopted September '18,
for �rnt�ng
2007, are incorporated into this Agreement.
b. SCORE application submitted to the Corporation for business incentives
("Application") is incorporated into this Agreement.
is any con
c. If there ' conflict in the terms of these documents, the following order controls:
�
(i) This Agreement, (ii) Corporation Guideli
.2 To the extent that any clause or provision is held illegal, invalid, or unenforceable
under present or future law effective during the term of this Agreement, then the
remainder of this Agreement is not affected by the law, and in Lieu of any illegal,
invalid, or unenforceable clause or provision, a clause or provision, as similar in terms
to the illegal, invalid, or unenforceable clause or provision as may be possible and be
legal, valid, and enforceable, will be added to this Agreement automatically.
914 Venue. Venue for any legal action related to this Agreement is in Nueces County,
Texas. SCORE consents to, and waives any objections to, in personum jurisdiction in
Nueces County, Texas. This agreement and the relationship between Corporation and
ty�
SCORE shall be overned and interpreted under the laws of the State of Texas without
regard to any conflict of laws or provisions.
9.15 Sole Agreement. This Agreement constitutes the sole agreement between the
Corporation and SCORE. Any prior agreements, promises, negotiations, or representations,
verbal or otherwise, not expressly stated in this Agreement, are of no force and effect.
Except as otherwise provided herein, this Agreement cannot be modified or amended without
a written agreement of the parties.
9.16 Counterparts This reement may be executed in any number of counterparts, each
g �
of which shall be deemed an original and constitute one and the same instrument.
9.17 Representation. Corporation represents that no Corporation board member or
i
employee, City of Corpus Christi officer or employee, has been or will be compensated in any
manner with respect to directly or indirectly bringing the parties hereto together, agreement
negotiations, or the entering into of this Agreement. In no event will SCORE pay a fee to or
in any manner compensate any Corporation board member or employee, city of Corpus
Christi officer or employee, in connection with the acceptance of this Agreement. A breach of
this provision 10.1 shall result in automatic and immediate termination of this Agreement,
and shall be an act of default by SCORE.
9.18 Other Contracts. It is understood by SCORE that Corporation has heretofore entered,
and may hereafter enter, into contracts with other companies or persons upon terms and
conditions different from the terms and conditions of this Agreement, and SCORE has no
standing to object whatsoever to any such contracts or require any modifications or changes
to its Agreement due to such other agreements.
9.19 Corporation, its officers and employees, and its agents or contractors retained to
perform economic development services for Corporation, shall treat as confidential the
financial statements of SCORE and shall not release such information to the public, unless
required by law or court order. Corporation shall immediately notify SCORE of requests or
court orders to release such information.
9.20 All representations, warranties, covenants and agreements of the parties, as well as
any rights and benefits of the parties pertaining to the transaction contemplated hereby, shall
survive the original execution date of this agreement.
9.21 Renewal. This Agreement may be renewed for an additional one year term upon
mutual agreement of the parties hereto.
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Page 1 l of 1
EXECUTED on the date shown opposite the signature of each party.
Corpus Christi Business & Job Development Corporation
By:
Eloy Salazar, Chairperson
Date:
Attest
By:
Armando C a a, Assistant Secretary
Approitged as to form: 1
Assistant Cdr Attorney
For City Attorney
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Page 12 of
SCORE Chapter 221
:
r
Gaston West, President
Date:
Attest:
By:
Title:
Federal Tax ID No.:
Corporate Seal:
The State of Texas§
County of Nueces§
Before me, (Notary's name), on this day
personally appeared Gaston West, President, SCORE Chapter 221, known rn to me to be the
person whose name is subscribed to the foregoing instrument and acknowledged to me that
he executed the same in the capacity stated as the act of SCORE, for the purposes and
Consideration expressed in the instrument.
Given under my hand and seal of office this the day of , 2007.
Notary Public, State of Texas
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Page 13 of 15
SCORE 's CONDITIONS
PRECEDENT AND
PERFORMANCE
REQUIREMENTS
Employment of an executive
assistant/coordinator on a
full -time basis (1213 hours
per year) to assist the
SCORE volunteers to provide
assistance to small
businesses and persons and
entities desiring to begin and
operate a small business in
Corpus Christi by mentoring
clients, conducting
workshops, advising clients
as to business plans, pro
' forrras, form of business
entity, financial implications,
and all other aspects of small
business operations; and
conduct a limited advertising
campaign to publicize the
assistance program to small
I businesses.
SCHEDULES
SCHEDULE A
SCORE 's TIME OF
PERFORMANCE
January 1 through July 31,
2008
SCORE '5 PERFORMANCE
REQUIREMENTS
SCHEDULE
Providing 944 hours of general and technica
services to small businesses through
volunteer counselors.
CORPORATION's
PERFORMANCE
REQUIREMENTS
$29,167 payable within 30
days of invoicing for
expenses under this
agreement
SCORE 's TIME OF PERFORMANCE
Beginning January 1, 2008 and continuing
until July 31, 200 8.
SCHEDULE C
SCORE '5 ERFORMA CE
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Page 1of'1
SCORE 's TIME OF PERFORMANCE
REQUIREMENTS
Create and maintain not less than one
contract executive assistant coor i a or
position with an average annual salary of
$25,000.
January 1 , 2008
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Page 15of1
Page 1 of 2
A RESOLUTION
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE A PROJECT AGREEMENT WITH THE CORPUS
CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION
REGARDING IMPLEMENTATION AND ADMINISTRATION OF
THE AGREEMENT TO GRANT BUSINESS INCENTIVES TO
SCORE CHAPTER 221 FOR A PROGRAM TO ASSIST SMALL
AND START -UP BUSINESSES IN CORPUS CHRISTI
WHEREAS, there is a need for a project agreement between the City of Corpus
Christi and the Corpus Christi Business and Job Development Corporation for
the implementation and administration of the business incentive agreement with
l
SCORE Chapter 221 (SCORE) for a program to assist small and start -up
businesses in Corpus Christi.
NOW, I THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. That the City Manager or his designee is authorized to execute the
y
project agreement between the City of Corpus Christi and the Corpus Christi �
Business and Job Development Corporation for the implementation and
administration of the business incentive agreement with SCORE for a program to
assist small and start -u p businesses in Corpus Christi, which is attached hereto.
ATTEST:
Armando Chapa
City Secretary
APPROVED E as to form: December 5, 2007
20 fk
�. Smith
Assistant City Attorney
For the City Attorney
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
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Page 2 of 2
Corpus Christi, Texas
of , 2007
The above resolution was passed by the following vote:
Henry Garrett ...
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel!
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
H:1L -DI ‘S ar d\ ary lagenda12O07\12 -11I a -Prole t g t- ABd- OF E.do
BUSINESS INCENTIVES PROJECT AGREEMENT
This Incentives Project Agreement (II Project Agreement" is entered into
This �s�ness lncent � ' Business and Job Development Corporation ('CorporatiOfl')s
between corpus �hrist� )
and the City of Corpus Christi, Texas ("City").
WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas
' Civil Statutes (Development Cor oration Act of 1979) empowered local
Revised ��v�1 Matt .. .. adopt an optional local sales and use tax as a means of
communities with the ability to p p
improving the economic health and prosperity of their citizens;
WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ("City")
passed Proposition 2, New and Expanded Business Enterprises, which authorized the
l s and use tax for the promotion and development of new and
adoption of sales p
expanded business enterprises at the rate of one-eighth of one percent to be imposed
�
for 1 years,
WHEREAS,
the 1 cent sales tax authorized by passage of Proposition 2 was
subsequently enacted by City Council and filed with the State Comptroller of Texas,
the ty
effective April 1,
2003, to be administered by the Corporation's Board of Directors;
exists for the purposes of encouraging and assisting
WHEREAS, the Corporation p
eat ties in the creation of jobs for the citizens of Corpus Christi, Texas;
�
WHEREAS, the Board of Directors of the Corporation "Board ", on September 10,
2007, mnde the Corporation's Guidelines and Criteria for Granting Business
Incentives;
WHEREAS, Texas Development Corporation Act of 1 979, Art. 5190 .6,
ER��, Section 21 of t p
Vernon's Revised Civil Statutes, requires the city Council to approve all
Texas
programs re and expenditures of the Corporation;
p
pp
WHEREAS, the City Council approved the Corporation's amended Guidelines and
Criteria for Granting Business Incentives on September 18, 200 7;
WHEREAS, SCORE Chapter 221 has submitted a proposal to the Corporation to
Ives of approximately business incentives pp y $50,000 to be used to assist SCORE
p
Chapter
221 in its operation of the internship program to assist small business
employers in the City of Corpus Christi;
WHEREAS, the Board has
determined that it is in the best interests of the citizens of
Corpus Christi, Texas
that business incentives be offered to SCORE Chapter 221
Corporation and SCORE Chapter 221 have executed the Grp xecuted an agreement to
incentives SCORE Chapter 221 for the creation of jobs to assist small
grant business �ncent�ves �� p
business employers (Business incentives Agreement).
SCORE Project Agreement 4A-City 071111doc
1 -1:1E - D1R1SharedtGarySlagende1200711 -111 ORE Waled Agreement 4A -City 07111 .doc
anises and conditions stated in this Project
In consideration of the covenants, promises,
Agreement, the Corporation and the City agree as follows:
1. Project Agreement Implement Business Incentives Agreement.
This
Project
Agreement between the C t and the Corporation is executed to implement the
the Creation of
ss Incentives to SCORE Chapter 221 for
Agreement to Grant Business Chapter
• employers between the Corporation and SCORE
Jobs to assist small business err�loe
221
2. Term. The term of i Project Agreement runs concurrently with the term of the
Business Incentives Agreement.
3. Services to be Provided by City.
a. The City Manager, or the City Manager's designee, shadl administer funding
on behalf of the Corporation.
b. The City Manager, or the ��t Manager's designee, shall perform contract
in the Business Incentives Agreement for
adradministration responsibilities outlined
the Corporation.
Appropriation 4. future payments by the pity are subject of Funds. Any
appropriation riation of funds by City Council.
• l Project Agreement is the latest date that
�, Effective � The effective date of this
either party executes this Agreement.
6. Amendments or Modifications. No o a nednent or modifications ions to this Project
Agreement may be made, nor any provision waived, unless in ri tF ng
signed by a
person
'
duly authorized to sign agreements on behalf of each party.
7. Sever ability.
■
n any section, paragraph, subdivision, clause, provision,
a. If for any ra t
' t Agreement or the application of this Project
phrase or word of this rye invalid, or
ae is, to any extent, held illegal,
Agreement to any person or circumstance
unenforceable under present or future law or by a final judgment of a court of
competent jurisdi i r, then the remainder of this Project Agreement, or the
i
• � persons or circumstances other than those
application of the term or provision to person
p unenforceable, will not be affected by the
as to which it is held illegal, invalid, or
judgmerit definite intent of the parties to this Project
��r or , for it is the
Agreement that every section, paragraph, subdivision, clause, provision, phrase,
or word of this Project Agreement be given full force and effect for its purpose.
b. �
To the extent that any
clause or provision is held illegal, invalid, or
unenforceable under present or future
law effective during the term of this Project
� Project Agreement is riot affected by the
Agreement, then the remainder of this �
• or unenforceable clause or provision,
law, any illega l, and in lieu of a, �r�val�d, o
SCORE Project Agrmnt 4A-City fro ect Agreement 4A-City 0711 1 3.doo
clause or provision, as similar - lar in terms to the illegal,
invalid, or unenforceable
clause or provision as may ' e possible and be lea ! ,
valid, and enforceable, will
.
to this Project Agreement automatically.
be added 1
• this Agreement are for convenience only and are
Captions. The captions in this Project Areem
8. Cad � in any way limit or amplify the
Project Agreement. The captions do not y
not a part of this �
terms
and provisions of this Project Agreement.
• Corpus Christi Business
b Ci Cors �r�str
Job eve to rent Corporation
George K. Noe
City Manager
Date:
Attest
Date:
Armando Chapa
City Secretary
Form this 5 day of December, 2007.
Approved as to Legal F
t
Gary ` . Smith
Assistant City Attorney
for City Attorney
SCORE Project A mane nt - ito Pro a Agreement 4A-City 071113.doc
_
39
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: December 11, 2007
AGENDA ITEM(S):
A. Resolution authorizing the City manager, or his designee, to execute the second
amendment to the contract between the Corpus Christi Business and Job
Development Corporation and Nueces County Community Action Agency for a pilot
infill housing project, to extend the term of the program agreement until November
19, 200 8, and to expand the area boundaries of the project.
B. Resolution authorizing the City Manager, or his designee, to execute the first
amendment to the contract between the Corpus Christi Business and Job
Development Corporation and John Mikulencak, , d.b.a. Extreme Homes of Texas for
new construction homebuyers assistance project, to extend the term of the program
agreement and to adjust the amount of the loan of funds to a maximum n of $20,000,
and the terms of the loan to a deferred forgivable loan and amortized for a term
provided by other HUD D supported programs.
ISSUE:
The following amendments are proposed for City Council approval by the Corpus Christi
Business and Job Development Corporation for affordable housing projects supported with
funding made available through the sales and use tax for affordable housing as approved
by the residents with the passage of Proposition 2B on November 5, 2002.
The proposed amendments were considered and approved by the Corpus Christi Business
and Job Development Corporation on November 19, 200 7:
A. Resolution Authorizing the City manager, or his designee, to execute the
second amendment to the contract between the Corpus Christi Business and Job
Development Corporation and Nueces County Community Action Agency for a
pilot inf ll housing project, to extend the term of the program agreement until
November 19, 2008, and to expand the area boundaries of the project.
riot Descry tion;
Nueces County Community Action Agency fCCAA /City of Corpus Christi - $175000
(2003-2004 funds)
Nueces County Community Action Agency NCCAA received a grant in the amount of
si 5,000 to acquire ten 10 in -fill lots and assist ten 10 families with down payment
assistance for an "In fill Neighborhood Revitalization Pilot Project" The lotion of
Infill Project is in the Soledad (Carver Subdivision) Street neighborhood and is comprised
of one city block with 27 nits /lots.
The original contract was effective May 19, 2005 and to be completed by November 19,
2006. A first amendment was approved by the 4A Board and the city council in April 2007
to extend the term of the agreement to November nber 19, 2007.
Proposed Amendments
NCCAA is proposing to extend the term of the agreement from November 19, 2007 to
November 19, 2008 to allow additional time for effective completion of the infill housing
project.
The boundaries of the project are proposed to expand into the Carver Subdivision to
include: beginning at the intersection of Carver Drive and Tarlton Street, then east along
Tarlton Street to Elgin Street, then south along Elgin Street to Lawton Street, then west
along Lawton Street to Washington Street, then north along Washington Streetto Soledad
Street, then east along Soledad Street to Carver Drive, then north along Carver Drive to its
intersection with Tarlton Street.
NCCAA submits that the original boundaries included one city block of Soledad Street,
limit the opportunities to acquire available land to develop for infili housing. NCCAA has
conducted a preliminary study of the proposed extended neighborhood area and have
identified a potential of 60 vacant lots with seven from the tax foreclosure list; and
eleven 11 possible direct purchases from private landowners. NCCAA expresses
confidence that the expansion of the boundaries will allow them to fulfill their project
agreement with 4A funds to develop ten 10 infill houses in the Soledad neighborhood.
B.) Resolution authorizing the City Manager, or his designee, to execute the first
amendment to the contract between the corpus Christi Business and Job
Development Corporation and John Mikulencak, d.b.a. Extreme Hones of Texas
for new construction homebuyers assistance project, to extend the term of the
program agreement and to adjust the amount of the loan of funds to a maximum
of $20,000, and the terms of the loan to a deferred forgivable loan and amortized
for a term provided by other HUD supported programs.
Project Description:
John Mikulencak dba Extreme Homes of Texas - $16O,067 (200 6-2006 funds)
Extreme Homes of Texas received a grant in the amount of $160,067 to assist an
estimated 16 homebuyers with a $10,000 grant for down payment and closing costs. This
homebuyer assistance is in the form of a grant that is forgivable after 5 years of home
ownership. The homes are designed for three - bedrooms, two - baths; and one - garage;
have 1,147 square feet; and are priced at $85,000.
Proposed Amendments:
Extreme Homes is proposing to extend the term of the original agreement from November
19, 2007 to November 30, 2008.
Extreme Homes is also requesting that the amount and terms of the loan funded be
adjusted to the same terms provided in other HUD supported programs administered by
the city of corpus Christi, Community Development corporation (CDC) and Nueces
county community Action Agency for homebuyer assistance of new construction housing
projects. These adjustments include: a deferred forgivable loan at a zero percent interest
rate and amortized for the term provided in other HUD supported programs. The amount
of the deferred forgivable loan shall be up to $20,000 depending on income in accordance
with HUD income guidelines.
The City of corpus Christi Neighborhood Services and Legal Departments support the
proposed changes to the Extreme Homes agreement in that these changes will bring this
agreement in line with the other HUD supported homebuyer assistances programs that are
administered through the Neighborhood Services Department. ent. currently, Neighborhood
Services Department staff administers the application process for homebuyer assistance
grants and loans for City of corpus Christi's programs, 4A programs, CDC projects, and
NGCAA affordable housing projects. This change will eliminate a potential for competition
for the better funding rate, streamline the processing and record keeping for all the like
homebuyer assistance programs.
REQUIRED COUNCIL ACTION:
City Council approval is necessary to finalize the proposed amendments to the Affordable
Housing Program contracts of the Corpus Christi Business and Job Development
Corporation.
CONCLUSION AND RECOMMENDATION:
City Council approval of the proposed amendments to the Affordable Housing Program
contracts as presented by the Corpus Christi Business and Job Development Corporation.
von
Nei
e Morales Haag, ' re •r
boyhood Services Department
Attachments: Resolution for Amendments — NCCA
Resolution for Amendments — Extreme Homes
Page 1 of 3
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE THE SECOND AMENDMENT TO THE CONTRACT
BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB
DEVELOPMENT CORPORATION AND NUECES COUNTY
COMMUNITY ACTION AGENCY FOR A PILOT INFILL HOUSING
PROJECT, TO EXTEND THE TERM OF THE PROGRAM
AGREEMENT AND EXPAND THE AREA BOUNDARIES OF THE
PROJECT.
WHEREAS, the Corpus Christi Business and Job Development Corporation, the
City of Corpus Christi and Mueces County Comr unity Action Agency (NCCAA)
executed an agreement for the purpose of utilizing 4A sales tax funds to
accomplish the affordable housing project described in the Agreement and in the
NCCAA proposal, a project suitable for the promotion and development of
affordable housin g project, for a term of twelve months from the date of the
J
execution of the contract.
WHEREAS, the parties to the agreement desire to execute this Second
Amendment to revise the term provision of the agreement to extend the
agreement until November 19, 2008, and to expand the boundaries of the project
area to include the area bounded as follows: from the intersection of Carver
Drive and Tarlton Street, east along Tartlton to Elgin Street, south along Elgin
Street to Lawton Street, west along Lawton Street to Washington Street, north
along Washington ton Street to Soledad Street, east along Soledad Street to Carver
Drive, and north along Carver Drive to Tarlton Street.
NOW, THEREFORE, BE IT RESOLVED ED BY THE CITY COUNCIL of TIE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. The City Council of the City of Corpus Christi, Texas, approves the
Second Amendment to the Affordable Housing Program Agreement for a Pilot
infill Housing Project between the Corpus Christi Business and Job Development
Corporation and NCCAA, to extend the term of the agreement until November
19, 2008 and to extend the boundary of the project area.
SECTION 2. The City ana er, or his Designee, is authorized to execute the
Second Amendment to the Affordable Housing Program for a Pilot Infill Housing
Project Agreement with NCCAA, a copy of which is attached as Exhibit "A".
g
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ATTEST:
Page 2 of 3
CITY OF CORPUS CHRISTI
Armando Cha a Henry Garrett
City Secretary Mayor
APPROVED AS TO FORM: December 5, 2007
G : ry 5 i. Smith
Assistant City Attorney
For the City Attorney
H:1L - D1R1Shared Gary \ g fdal oo7'1U2 -11IR -A endAfficrdabl Ho sin CCAAl c as.do
Corpus Christi, Texas
of 2007
0
The above resolution was passed by the foliowing vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel!
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
Page 3 of 3
FH: \LE -D1R Shared\ ar S1agende\2 O 1l -111 Res- AmendAffordab1eHousing CCAAH0mes.do
SECOND AMENDMENT
THE
AFFORDABLE HOUSING
PROGRAM AGREEMENT FOR
A PILOT INFILL HOUSING PROJECT
�, Affordable Housing Program
nt (SeCQfld Amendr ent to This oor�d a�nner�r r � made and
Pilot Infill Housing Project ("Program Agreement") Agreement for rent Corporation
Business and Job Develop p
between the corpus Christi
('Corporatiofl") City of Corpus Christi ( and nd the Nue
a County Com
urit
Action Agency ("NCCAA"
ery " NCCAA t a non- profit corporation organized under the statutes of the
e
State of Texas.
WHEREAS, the Corporation, City � and NCCAA executed an agreement ("Agreement")
for the purpose of utilizing sale s tax funds s to construct in
fill housing, a project
suitable for the promotion and development of affordable housing within the City; ;
WHEREAS, the term of the Agreement should
be extended an additional two years.
NOW, THEREFORE, the parties to the Agreement erat a r
ee to amend the Agreement as
follows:
Section 1. Section 3 " is deleted in its entirety and is
of the Agreement entitled "Term"
replaced with the following language:
"SECTION 3. TERM.
Thy term of this Program Agreement extends
until November 19, 20l"
Section Section 5 of Agreement entitled "Services
to be Provided NCCAA"
subsection a
is amended to read as follows:
"SECTION • be Provided by NCCAA.
roe
" acquire, in the NCCM
name only, parcels of real
a. The NCCAA shall �� �# area bonded as
F neighborhoods lots , withit an
properly within developed Tarlton Street then
f ion of Carver Drive and Ta
� r� n � r� at the intersection to rs a i t to Lawton
follows � then south alone �I��r� Street
Tarlton Street �l��n Street one
east alone Street then north al
Lawton Street to Washin'tofl street then west aloe
Washin'ton Street t to Soledad then east along
Soledad Street to eCarver
� its intersection with Triton
r north alone Carver Drive t
Drive the � • -
de ioted on the tea. attached as erg utilized to
under this Program Agreement in r� event may the funds pr
puroha se any other parcels of real property rt without the
e
CCA ohtal
i thy
prior written a pproval of the City and the Cor oration. r .:.
cr2 rliox tiaann A\ ar l rnendrn r t- Affordableliousinginfill nd 0710 doc
}
i �� �' subsection i amended to read follows:
Section
3. Section "Payment t of Funds s bse
"SECTION 6.Payment of Funds.
"f. The NCCAA shall secure for
the Corporation the recapture of lot
. • � closing costs having each homebuyer
acquisition posts, down payments, and cios by
execute deferred, forgivable note secured by a deed of trust that
and r third mortgage lien on the property,
represents sec
JII rovic fort e
• arum secured by the rote �n the same raver
v raiver and for iveess of the
rted ro rrr�s at the the the hoeb er
asrov�ded other lJ
ualified for the assistance,"
Section 4. By this first the parties agree to be bound by the
execution of this first Amendrent, } the
` ' Alt other provisions, obligations, and conditions amended term provision. nd �n �.,�� force and
Agreement not changed this First Amendment remain the same a
effect.
H LE - D11=We nniel r \ Amendment - ffordabl Hau inginfill nd 071031.do
hid is onsidered
EXECUTED IN DUPLICATE, each of original, on this the
day of
CORPUS CHRISTI BUSINESS &
JOB DEVELOPMENT CORPORATION
Signature
Title
Printed name:
Date:
ACKNOWLEDGMENT
SATE of TEXAS � THESE
COUNTY OF NUECES
This instrument vva
acknowledged
before
e on (title) 2007,
b a th e
of the Corpus Christi Business fb Development Corporation, Tee nonprofit
corporation, oa behalf of the corporation.
(seal)
NOTARY PUBLIC, State of Texas
. - ......A,,,,,t_Affordabie1#0u inginhill nd 071031.doc
ATTEST:
Armando Chapa
City Secretary
Date:
APPROVED AS TO FORM: a 3
G ry W Smith
Assistant City Attorney
for the City Attorney
NUECES COUNTY COMMUNITY
ACTION AGENCY
CITY OF CORPUS CHRISTI
George K. Noe
City Manager
Date:
Printed name:
Date:
i
. Z • 6
STATE OF TEXAS
COUNTY of NU CES
This was acknowledged before me on (title)
of T�s �r�trurr�r�t
as the by a Texas nonprofit corporation, an
the feces County Community Action Agency,
behalf of the corporation.
ACKNOWLEDGMENT
KNOW L BY THESE PRESENTS:
NOTARY PUBLIC, State of Texas
me min niCA I.anniel arvlA endrnont- Afford bl liousinginfill rxd 071031,do
Page 1 of 3
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE THE FIRST AMENDMENT To THE CONTRACT
BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB
DEVELOPMENT CORPORATION AND JOHN MIKULENCAK,
DBA EXTREME HOMES of TEXAS FOR NEW CONSTRUCTION
HOMEBUYERS ERS ASSISTANCE PROJECT, TO EXTEND THE
TERM of THE PROGRAM AGREEMENT AND TO ADJUST THE
AMOUNT OF THE LOAN OF FUNDS TO A MAXIMUM OF
$20,000 AND THE TERMS OF THE LOAN TO A DEFERRED
FORGIVABLE LOAN AND AMORTIZED FOR A TERM
PROVIDED BY OTHER HUD SUPPORTED PROGRAMS
WHEREAS, the Corpus Christi Business and Job Development Corporation, the
i of Corpus Christi, and John Mikolenoak, dba Extreme Homes of Texas,
Extrem
Homes) executed an agreement for the purpose of utilizing 4A sales
to accomplish the affordable housing project described in the
tax funds Agreement and in the Extreme Homes proposal, a project suitable for the
promotion
and development of affordable housing project, for a term of twelve
months from the date of the execution of the contract.
WHEREAS, the parties to the agreement desire to execute this First Amendment
to revise the term provision of the agreement to extend the agreement until
November 30, 2008, and to adjust the amount of the loan of funds to a maximum
of $20,000 and the term of the loan to a deferred forgivable loan and amortized
for a term provided by other HUD supported programs.
NOW, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
THEREFORE, Fo RE ,
OF CORPUS CHRISTI, TEXAS:
I 1. The City Council of the City of Corpus Christi, Texas, approves the
SECTION y �
to the Affordable Housing Program Agreement for a Pilot lnfill
First Amendment g
Housing Project between the Corpus Christi Business and Job Development
�
Corporation and Extreme Homes, to extend the term of the agreement until
November 30, 2008 and to adjust the amount of the loan of funds to a maximum
h!o adjust
$20,000
and the term of the loan to a deferred forgivable loan and amortized
for a term provided by other HUD supported programs.
SECTION
The City Manager, er, or his Designee, is authorized to execute the
First Amendment to the Affordable Housing Program with John Mikulencak, dba
Extreme Homes of Texas, for a New Construction Homebuyers Assistance
Project, a copy of which is attached as Exhibit "A ".
H:ALEG -D1F S arec3 Gary ‘a erlda 20 ? 12 -1'11 Fees - r r c ff rdabl Hou it E tr rn Ho .do
ATTEST:
Armando Chapa
City Secretary
Page 2 of 3
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
APPROVED AS TO FORM: December 5, 2007
3 rt ,Smith
Assistant City Attorney
For the City Attorney
H :LEG -[ l lS ared\ aryS\a endal2 0 1 -111F es -Am Aff rdabl Housln Extr m HO a .da
Page 3 of 3
Corpus Christi, Texas
of , 2007
The above resolution was passed by the following vote:
Henry Garrett
Melody Cooper --
Larry Elizondo, Sr.
Mike Hummel'
8111 Kelly
Priscilla G. Leal
John E. Mare
Nelda Martinez
Michael McC of o
H:1 LEG -I IR\Sharetheary agenda\ 007\12-1 1 \Res-AmendAffordableHousingExtromeHomes.doe
FIRST AMENDMENT o THE AFFORDABLE HOUSING AGREEMENT
TEXAS
•T+� �j y � J� { AK XTREM E HOMES OF
FOR A NEW CONSTRUCTION HOMEBUYERS
This first amendment ("First Amendment") to the Affordable Housing greet with
Construction Ho�nebuyers
• Homes of Texas for a New Cons
Mikulencak Extreme into Christi Business
John d �r�to bet�ee the corpus
Assistance Project ("Agreeifleflt") is enter
Corporation ("CorporatiOfl") , the ob Deco rrlr� torpor �� of Corpus Christi ("City"),
and Job of Texas ("Extreme Hoes
and Johx�
Mikulencak dba Extreme Homes
Corporation, City and Extreme Hones executed the Agreement for the
WHEREAS, the Corp � the affordable housing project
• * ' sales tax funds to accomplish t
purpose of utilizing
described in the Agreement and in the Extreme Homes proposal;
Extreme Homes to use multiple
ci ated opportunity allows
�H1��, an rant d buyers, but requires the lien
homes more affordable to uali ie , .
programs to make the how lien position;
securing the loan of 4A funds
to be subordinated to a third
WHEREAS, the Agreement and proposal provided for
a forgivable loan with a 20%
ro ram is to provide for a
of default and the intent of the program
per year in the event o lives in the home, with the loan
the loan as the homebuyer li re
progressive forgiveness of
being completely forgiven p
on occupation of the home as principal residence;
WHEREAS, the parties to the Agreement to execute this First Amendment to revise the
provisions as stated above.
NOW, agree to amend the Agreement s
FORE, the parties to the Agreen
e
�, THEREFORE,
follows:
*yR
Section 1. Section of Agreement entitled "Term" is deleted in its entiret and is
replaced with the following language:
"SECTION 3. Term.
this extends until November 30, 2ooi��
"The of this Program Agreement extern
The tern
. entitled "brie to be Provided
of the Agreement entity
Section 2. ]paragraph b. of Section
by Extreme Homes"
i
• l nstrtd douse b ro3ridin
hot-p_Aut_i er ��� the urcase of rye
__ for t. dawn payment and closing costs.
find
•
- - jdthhoPiebUUer self or o lore t � you the
• durin the affordable • eriod then
house �s�er rear residence
will prorated amount. The deferred
loan ���� be due and � able at
will . ' the same rate • roided in other HUD
for
��rble loan ��I� e for,.�en at t
ualiies for assistance.
su • sorted ,ro _rams at the time the homebu er
lien the � � ert . to • rotect its interest
The Co � oration will � lace 1 on ro .
turd lien. men � from the
ma be a first eor�. r, . � anon
t o with HUD funds then the Co or
Co oration is used in coy uc � r
• osition to the lender rove in the anent
r�ll subor�r�ate its l�
fmancin and 1 funds."
Section 3. Paragraphs a. and d. Section 6 of the Agreement entitled "Loan of Funds"
are amended to read as follows:
"SECTION 6. Loan of Funds.
• City to grant, from allocated sales tax
a. `�'e Corporation authorizes the r
a
ree nues � up $160,067 for homebuyer ssistanc of down anen
t and
losing costs of new homes for eligible homeowners pursuant to this
Program Agreement. Eligible homeowner of homes with total price of
$85,000 may qualify for a maximum $4-G000ZQ&QQ forgivable loan.
Extreme Homes shall secure for the
Corporation the recapture of all loans
d. Program Agreement having each
provided to Homeowner under this r
fro deed of trust that represents either a
Homeowner execute note secured by upon
o lien the roe Recapture shall occur u
d r third mortgage lien on t ; ,
fi��secorl
events: �. Sale of home; ii. Homeowner no longer
the earlier of the following eery iii. of lon�e.��
• primary residence; or iii. Foreclosure
occupies the home as � �
this the parties agree to be bound the
Section execution of this first Amendment, t
obligations, and conditions of the
term provision. All other provisions, force and
amended remain the same and in full fo
not changed by this First Amendment Agreement o �
effect.
' considered a. original, this the
each of which is consid
EXECUTED IN DUPLICATE, day of
2007.
CORPUS CHRISTI BUSINESS
JOB DEVELOPMENT CORPORATION
Signature
Printed name:
Date:
STATE OF TEXAS
Title
ACKNOWLEDGMENT
KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES
This instrument was acknowledged before me on tit 2007,
by a the
• ' Business and Job Development Corporation, "hex nonprofit
the Corpus Christi s�r�e
corporation, on behalf of the corporation.
(seal)
NOTARY PUBLIC, State of Texas
ATTEST:
Armando Chapa
City Secretary
Date:
ARC
CITY OF CORPUS CHRISTI
George I. Noe
City Manager
Date: -
Ga y W . mith
Assistant City Attorney
e
for the City Attorney
JOHN MIKULENCAK DBA EXTREME
Mik l n ak, Owner
Date:
0
STATE OF TEXAS
COUNTY OF NUECES . §
This instrument was acknowledged before me onT%
by John Mikulencak.
ACKNOWLEDGMENT
KNOW ALL BY THESE PRESENTS:
-•
4r(
SAVANNAH KIR IcPATRIGKI:
Notary Pubilo
State of Tx
COMM. My . 01105/2011;
infaelL 3U
TARY Y PUBLIC, State
, 2007,
I C
f Texas
40
CITV COUNCIL
AGENDA MEMORANDUM
City Council Action Date: December 11. 2007
AGENDA ITEM: Resolution requesting Mayor Henry Garrett to send a letter of intent to
the Texas General Land Office for the funding of the importance of beach maintenance;
directing the City secretary to send a certified copy of the resolution to the Texas
General Land Office; providing for findings of fact and providing for an effective date.
ISSUE: A comprehensive program is needed to study the methods of cleanin beaches to
remove trash and excessive jetsam such as sargassum on Texas beaches. Funding for
local government, made on an equitable basis, needs to address the problems of coastal
erosion through study, planning, and implementation of improved practices, methods and
equipment practices for sound beach maintenance.
REQUIRED ED COUNCIL ACTION: City Council must approve sending a letter of intent
for this support.
CONCLUSION AND RECOMMENDATION: staff recommends resolution to be
passed.
Sally Gay!!
Parks and
!rector
ecreati
BACKGROUND INFORMATION
The Galveston Park board of Trustees, who oversees the beaches for the City f
Galveston, wrote a resolution that covers the trash leer that was adopted by the City of
Galveston. The Galveston Park Board conducted a teleconference with cities and
agencies and requested that Coastal cities adopt the resolution or something similar to
it. Several cities have already adopted the resolution, including South Padre Island.
The Galveston Park Board met with the Texas Chapter of the American Beach and
Shore Preservation Association and it was agreed that it would be mentioned at the
GLO conference in Galveston October 2007.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS, REQUESTING MAYOR HENRY GARRETT TO SEND A
LETTER OF INTENT TO THE TEXAS GENERAL LAND OFFICE FOR THE
FUNDING OF THE IMPORTANCE OF BEACH CLEANUP; DIRECTING THE
CITY SECRETARY TO SEND A CERTIFIED COPY OF THE RESOLUTION TO
THE TEXAS GENERAL LAND OFFICE; PROVIDING FOR FINDINGS OF FACT
AND PROVIDING FOR AND EFFECTIVE DATE.
WHEREAS, six million visitors or more come to enjoy Texas beaches
each year; and
WHEREAS, these visitors are a great economic benefit to Nueces County
and the cities that Ile within Nueces County; and
WHEREAS, Loss of beaches due to erosion and other conditions threaten
to create a significant detriment to this important economic resource; and
WHEREAS, continuing erosion of Texas Gulf beaches has been
demonstrated by historical data spanning many decades; and
WHEREAS, many areas of Nueces County beaches are eroding at
varying rates, from more than nearly two feet per year to more than six feet per
year; and
WHEREAS, cleaning Texas Gulf beaches of trash and other jetsam such
as sargassum to allow visitors to enjoy them has challenged local governments
to find effective methods of cleaning their beaches while avoiding removal of
sand from the shoreline; and,
W1-IEREAS, removal of sand from the shoreline increases the effects of
coastal erosion due to natural processes; and
WHEREAS, EAS, the Texas General Land Office receives federal funding to
decrease coastal impacts due to erosion and to provide for planning and
response to coastal issues including erosion; and
WHEREAS, coastal communities throughout Texas are faced with varying
rates of erosion; and
WHEREAS, local funding is not available for studying, planning, and
providing coastal erosion response efforts except through the Texas Genera!
Land Office; and
WHEREAS, the Corpus Christi City Council finds it in the best interests of
this community to adopt a resolution requesting Mayor Henry Garrett to send a
letter of intent to the Texas General Land Office on the importance of funding for
a comprehensive educational program to keep our beaches clean;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF CORPUS CHRISTI, TEXAS:
SECTION 9. The findings and recitations set out in the preamble to this
Resolution are found to be true and correct and are hereby adopted by the City
Council and made a part hereof for all purposes.
SECTION 2. The City Council of the City of Corpus Christi, Texas, hereby
recognizes the need for a comprehensive program for studying the effects of
erosion and methods of cleaning beaches from trash and excessive jetsam such
as sargassum on Texas beaches and methods of managing those effects, and
for planning for implementation of effective and sound management practices.
SECTION 3. The City Council of the City of Corpus Christi, Texas, urges
that the Texas General Land Office provide funding to the local governments on
an equal basis to address the problems of coastal erosion through study,
planning, and implementation of improved practices, methods and equipment
practices for sound beach maintenance.
SECTION 4. The City Council of the City of Corpus Christi, Texas, hereby
directs the City Secretary to send a certified copy of this Resolution to the Texas
General Land Office.
SECTION 5. This Resolution shall be and become effective from and
after its adoption.
APPROVED AS TO FORM:
MARY KAY FISCHER
CITY ATTORNEY
1, Armando Chapa, Secretary of the City Council of the City of Corpus
Christi, do herby certify that the foregoing is a true and correct copy of a
Resolution adopted by the City Council of the City of Corpus Christi at its regular
meeting held on the 30Ih day of October, 2007, as the same appears in records
of this office.
IN TESTIMONY WHEREOF, 1 subscribe my name hereto officially under
the corporate seal of the City of Corpus Christi this day of
2007.
Secretary for the City Council
Of the City of Corpus Christi
24\32811BMACRES Erosion -City 0729944
41
NO ATTACHMENT FOR THIS ITEM
42
NO ATTACHMENT FOR THIS ITEM
43
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: pecemberi
AGENDA ITEM: Presentation on the Oso Creek/Oso Bay Greenbelt, Parks and Trail
System Master Plan.
ISSUE: In 2006 the City Council approved the Oso Creek/Oso Bay Greenbelt, Parks and
Trail System Master Plan. The master plan details future park development and planning
along the Oso.
REQUIRED COUNCIL ACTH : None
PREVIOUS COUNCIL ACTION: City Council approved the Master Plan in 2006.
Board/Commission Action: The Planning Commission, and The Parks and Recreation
Advisory Committee approved the Master Plan in 2006.
FUNDING: None
CONCLUSION AND RECOMMENDATION: The Master Plan details future park
development. This development should be incorporated into the long range planning for
the City of Corpus Christi.
Sally Gav ik, !rector
Parks and •' - creation Department
Attachments: Power Point
BACKGROUND INFORMATION
OSO CREEK/OSO BAY GREENBELT,
PARKS AND TRAIL SYSTEM MASTER PLAN
Oso Creek/Oso Bay Greenbelt, Parks and Trail System Master Plan began in 2004 through a
collaborative effort between the City of Corpus Christi, the Coastal Bend Bays Foundation, and
Coastal Bend Land Trust. The National Park Service, Rivers, Trails and Conservation
Assistance Program provided technical support and guidelines with all the stakeholders in the
community. Through a series of monthly workshops a master plan for the length of the Oso
Creek/Oso Bay was developed. The plan was presented to the Pluming Commission and
approved by City Council in 2006. The plan became an appendix to the Parks and Recreation
Open Space and Parks Master Plan.
The plan effort was designed to rai
Page 2
be allowed to occur within the 100-year flood plain as delineated on Flood
Insurance Rate naps.
Interpretative centers, restrooms, or storage /maintenance buildings to support the
linear park trial system would be designed and constructed outside of the limits of
the fioolway and in strict compliance with the City of Corpus Christi Flood
Prevention Code.
Low density development adjacent to the Cayo Del Oso and Oso Creek would
continue to be encouraged.
Storm water and flood control policies and structures should accommodate public
recreation and habitat needs to the extent possible consistent with human health
and safety and the protection of property.
City ordinances should restrict landscaping within 100 year floodplain to only
native vegetation. City staff will develop landscaping guidelines that will comply
with the City of Corpus Christi Flood Hazard Prevention Code that will adhere to
the principles of xeriscaping, are drought tolerant, will improve bi
Page 3
1. Buffers
2. Riparian zone improvements
3a. Vegetation
3b. Trails including Hike and Bike, and Nature Trails)
4. Regional Parks
The design includes:
Trails to be used for walking, running, biking, horseback riding, nature enjoyment and
outdoor education.
Passive and active recreation parks to include picnicking, nature enjoyment, fishing (as
water quality improves), outdoor education, and other acti
Page 4
• No use of invasive species in landscaping
The local American Institute of Architects A.I.A. has taken on the Oso Creek/Oso Bay as a
community project to develop a pattern book that can be used for all park development so there
will be consistency of signage, benches, i
Current Projects
Parks and Recreation Department is
working with Neill Amsler, developer of
Hogan Homes, to acquire a 50+ acre
track of land tat will be combined with
an additional 113+ acres of land along
the Oso Bay. A grant application with the
Texas Parks and Wildlife is being
prepared for submission in July 2008.
Working with developers to secure trail
systems along the ditches that drain into
Oso Bay so there is a "string of pearls" of
parks throughout the community.
Coastal Bend Regional Park Foundation
has been working on a park development
on the north end of Oso Creek in
conjunction with the Nueces River
Authority.
Oso Bay
Current Projects continued...
The City owns property at the confluence of Oso Creek and
Oso Bay that can be used for the trail systems.
Bill Witt Park has a section of the park area that is along
Oso Creek. Plans are to develop trail systems along the
creek when the park is developed.
There is 90 acres from the Botanical Gardens off of Staples
that the City owns that can be utilized for park
development.
The City and the Coastal Bend Bays Foundation have
secured additional assistance from the National Park
Service to move to the project forward to an
implementation phase.
In Conclusion
A Great Blue Heron exploring the marshes of Oso Bay.
Oso Creek /Oso Bay has the
potential for a being jewel
for the City of Corpus Christi
and connects the community
through greenbelts and
trails.
These trails can then serve
as alternative transportation,
options for fitness and fight
obesity, and create a sense
of community.