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Agenda Packet City Council - 02/26/2008
CITY COUNCIL AGENDA FEBRUARY 26, 2008 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting February 12, 2008 - 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 McCutchon John Marez Nelda Martinez *Arrived at 10:44 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 Pastor Brian Crow with Bay Area Fellowship Church and the Pledge of Allegiance to the United States flag was led by Council Member John Marez. Mayor Garrett called for approval of the minutes of the regular Council meetings of January 22, 2008 and January 29, 2008. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * Mayor Garrett referred to Item 2 and the following board appointments were made: Cable Communications Commission Leo Estrada (Appointed) Food Service Advisory Committee Joshua Hinojosa (Appointed) Museum of Science and History Advisory Committee Georganne Gasaway (Appointed) Reinvestment Zone No. Two Board Melody Cooper (Reappointed) Henry Garrett (Reappointed) John E. Marez (Reappointed) Larry Elizondo, Sr. (Appointed) Mike Hummell (Appointed) Priscilla G. Leal (Appointed) Michael McCutchon (Appointed) Nelda Martinez (Appointed) * * * * * * * * * * * * —1— Electrical Advisory Board Fiorentino Vasquez (Reappointed) David S. Schury (Appointed) Leadership Committee for Senior Services Miltan A. Martiz (Reappointed) Guy Williams (Reappointed) Ronne!! Bright (Appointed) Jim Espey (Appointed) Lisa Pollakis (Appointed) Nicole Segovia (Appointed) Jane Haas (Appointed) Linda Leach (Appointed) 11:45 A.M.— Proclamation declaring Yvonne Haag the Beautify Corpus Christi Association's 2008 "City Employee of the Year" Proclamation declaring Rich Tuttle the Beautify Corpus Christi Association's 2008 "Citizen of the Year" Swearing -in ceremony of newly appointed Board, Commission and Committee members AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD CORPUS CHRISTI, TEXAS 78401 FEBRUARY 26, 2008 10:00 A.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m. or at the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. if you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Listed desea dirigirse al Concilio y cree que su ingles es limitedo, habra un interprete ingles- espafiol en todas las juntas del Concilio pars ayudarie. 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 Phillip Phifer, Trinity Lutheran Church. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Henry Garrett Mayor Pro Tem Bill Kelly Council Members: Melody Cooper City Manager George K. Noe Larry Elizondo, Sr. City Attorney Mary Kay Fischer Mike Hummell City Secretary Armando Chapa Priscilla G. Leal Michael McCutchon John E. Marez Nelda Martinez E. MINUTES: 1. Approval of Regular Meeting of February 12, 2008. (Attachment # 1) Agenda Regular Council Meeting February 26, 2008 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) F. BOARDS & COMMITTEE APPOINTMENTS: (NONE) G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. if deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. H. CITY MANAGER'S REPORT Upcoming Items I. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, andlor it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration) 2. Resolution authorizing the submission of a grant application in the amount of $67,214 to the State of Texas, Office of the Governor, Criminal Justice Division for Year Two funding of a Sex Offender Investigative Unit grant in the Police Department with a City match of $5,564, for a total grant application of $72,778, and authorizing the City Manager or his designee to apply for, accept, reject, alter or terminate the grant. (Attachment # 2) Agenda Regular Council Meeting February 26, 2008 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 3. Resolution authorizing the submission of a grant application in the amount of $67,000 to the State of Texas, Texas Alcoholic Beverage Commission for the funding of overtime to enforce underage drinking laws, to prevent youth access to and illegal use of alcohol, and to provide for an education program with a City cash match of $25,154, in -kind contribution of $746, for a total project cost of $92,900 and authorizing the City Manager or his designee to apply for, accept, reject, alter or terminate the grant. (Attachment # 3) 4. Resolution authorizing the submission of a grant application in the amount of $100,964 to the State of Texas, Criminal Justice Division for Year 9 funding available under the Violence Against Women Act (VAWA) Fund for the Police Department's Family Violence Unit with a City match of $38,953 and $16,800 in -kind services, for a total project cost of $156,717 and authorizing the City Manager or his designee to apply for, accept, reject, alter or terminate the grant. (Attachment # 4) 5.a. Motion authorizing the City Manager or his designee to accept a grant in the amount of $25,635 from Sam Houston State University and the National Institute of Justice for a Project Safe Neighborhoods anti -gang initiatives grant and to execute all related documents. (Attachment # 5) 5.b. Ordinance appropriating $25,635 from Sam Houston State University and the National Institute of Justice for a Project Safe Neighborhoods anti -gang initiatives grant in the No. 1061 Police Grants Fund. (Attachment # 5) 6.a. Motion authorizing the City Manager or his designee to accept a continuation grant in the amount of $44,294 from Sam Houston State University and the National Institute of Justice for the Project Safe Neighborhoods grant for one Firearms Examiner and to execute all related documents. (Attachment # 6) 6.b. Ordinance appropriating $44,294 from Sam Houston State University and the National Institute of Justice for the Project Safe Neighborhoods grant for one Firearms Examiner in the No. 1061 Police Grants Fund with a City match of $4,711 from the Law Enforcement Trust Fund. (Attachment # 6) Agenda Regular Council Meeting February 26, 2008 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 7. Resolution authorizing the City Manager or his designee to submit a grant application to the Texas Department of State Health Services in the amount of $50,000 for a Community Obesity Prevention Project — the Coordinated Community Approach to Promote Wellness (CCAPWeA ). (Attachment # 7) 8. Motion authorizing the City Manager or his designee to execute a construction contract with RCM Constructors of Corpus Christi, Texas in the amount of $322,125 for the Sanitary Sewer and Storm Water Manhole Ring and Cover Adjustment FY 2007- 2008. (Attachment # 8) 9. Motion authorizing the City Manager or his designee to execute a construction contract with A. Ortiz Construction and Paving, Inc., of Corpus Christi, Texas in the amount of $431,300 for the Rolled Curb and Gutter Replacement Project FY 2007 -2008. (Attachment # 9) 10. Motion authorizing the City Manager or his designee to execute a Professional Services Contract for construction management and construction inspection services with Anderson Group Construction Management, Inc. for a fee not to exceed $1,242,320 for various Capital Improvement Projects associated with the 2008 Capital Budget. (Attachment # 10) 11. Motion approving the application from the K Space Contemporary to temporarily close the following street section for the Urban Art and Hip Hop Party: (Attachment # 11) A. The 400 block of Starr Street between Chaparral Street and Mesquite Street beginning Saturday, March 8, 2008 from 1:00 p.m. to 6:00 p.m. 12. Motion authorizing the City Manager or his designee to execute a work order with BFI Waste Services of North America, Inc., (Allied Wastes), in the amount of $465,000 for additional excavation associated with storm water pond 3 at Cefe Valenzuela Landfill and daily cover material as additional services under the Landfill Services Agreement. (Attachment # 12) Agenda Regular Council Meeting February 26, 2008 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 13.a. Motion approving the Arterial Transmission and Grid Main Construction and Reimbursement Agreement submitted by Donald and Kathleen Kirchberg, owners and developers of Rhew Industrial Tracts Unit 1, located south of Leopard Street and east of Rhew Road for the installation of 2,508 - linear feet of 12 -inch PVC water grid main. (Attachment # 13) 13.b. Ordinance appropriating $166,225.11 from the Arterial Transmission and Grid Main Trust Fund No. 540450 -21805 -4030 to reimburse Donald and Kathleen Kirchberg for the installation of 2,508- linear feet of 12 -inch PVC water grid main for Rhew Industrial Tracts Unit 1. (Attachment # 13) 14.a. Motion approving the Distribution Main Extension Construction and Reimbursement Agreement submitted by Donald and Kathleen Kirchberg, owners and developers of Rhew Industrial Tracts Unit 1 located south of Leopard Street and east of Rhew Road for the installation of 928 - linear feet of 8 -inch PVC water distribution main. (Attachment # 14) 14.b. Ordinance appropriating $30,165.58 from the Water Distribution Main Trust Fund No. 540450 -21806 -4030 to reimburse Donald and Kathleen Kirchberg for the installation of 928 - linear feet of 8 -inch PVC water distribution main for Rhew Industrial Tracts Unit 1. (Attachment # 14) 15.a. Motion approving a Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement submitted by Donald and Kathleen Kirchberg, owners and developers of Rhew Industrial Tracts Unit 1 located south of Leopard Street and east of Rhew Road for the installation of 1,366- linear feet of 12 -inch PVC sanitary sewer collection line. (Attachment # 15) 15.b. Ordinance appropriating $166,843.50 from the Sanitary Sewer Collection Line Trust Fund No. 540450- 21801 -4220 to pay Donald and Kathleen Kirchberg, for the installation of 1,366 - linear feet of 12 -inch PVC sanitary sewer collection line as specified in the Sanitary Sewer Collection Line Extension and Construction and Reimbursement Agreement to develop Rhew Industrial Tracts Unit 1, and to pay lot/acreage fees related to Rhew Industrial Tracts, Unit 1. (Attachment # 15) Agenda Regular Council Meeting February 26, 2008 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 16. Motion authorizing the City Manager to execute a Development Agreement with Billy W. Sanders and Robbie Sanders, (Developers), to establish development requirements and pro rata reimbursement for construction of an over -sized 16 -inch water arterial transmission main to serve London Club Estates, a proposed residential subdivision located north of FM 43 and east of FM 43 and FM 763 intersection. (Attachment # 16) J. PUBLIC HEARINGS: ZONING CASES: 17. Case No. 0108 -03, Veolia Environmental Services: A change of zoning from an "1 -2" Light Industrial District to an "I -3" Heavy Industrial District resulting in a change of land use designation from Tight industrial to heavy industrial (above ground fuel storage tank) on property described as 237.36 square feet out of Roblex Industrial Area, Lot 15, Block 6, located on the east side of Flato Road approximately 1 ,050 feet north of Bates Road. (Attachment # 17) Planning Commission and Staffs Recommendation: Denial of an "1 -3" Heavy Industrial District, and in lieu thereof, approval of an "I -2" Light — Industrial District with a Special Permit for the installation and operation of one (1) 10,000 gallon above ground diesel fuel tank for fuel storage and on -site fuel filling subject to a site plan, and final approval of the Fire Marshal and Zoning Board of Adjustment. ORDINANCE Amending the Zoning Ordinance, upon application by Veolia Environmental Services, by changing the zoning map in reference to 237.36 square feet out of Roblex Industrial Area, Lot 15, Block 6, 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 one (1) 10,000 gallon above ground diesel fuel tank, subject to a Site Plan and final approval of the Fire Marshal and the Zoning Board of Adjustment; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. Agenda Regular Council Meeting February 26, 2008 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) ZONING TEXT AMENDMENT: 18. Public hearing and First Reading Ordinance to consider amending Article 24 "Height, Area And Bulk Requirements" of the "Corpus Christi Zoning Ordinance" by repealing note 1 from Section 24 -1 and by adopting new Section 24 -2 "Zero Lot Line Residential Development" to provide for regulations for Zero Lot Line Residential Development; providing a repealer clause, providing a penalty clause, providing for publication, and providing an effective date. (Attachment # 18) (RECESS REGULAR COUNCIL MEETING) K. CORPORATION BOARD MEETING: 19. NORTH PADRE ISLAND DEVELOPMENT CORPORATION MEETING: (Attachment # 19) AGENDA NORTH PADRE ISLAND DEVELOPMENT CORPORATION Date: Tuesday, February 26, 2008 Time: During the Meeting of the City Council beginning at 10:00 a.m. Location: City Hall — Council Chambers City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 A. Cali meeting to order. B. Roll check. Directors: Mike Hummell Henry Garrett Michael McCutchon John Marez Melody Cooper Larry Elizondo Nelda Martinez Priscilla Leal Officers: George K. Noe, Executive Director Armando Chapa, Secretary Cindy O'Brien, Treasurer Agenda Regular Council Meeting February 26, 2008 Page 8 L. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) C. Approval of the minutes of the May 30, 2006 meeting. D. Appointment of Officers (President, Vice President, Executive Director, Secretary, Treasurer) E. Resolution authorizing the issuance of North Padre Island Development Corporation Tax Increment Contract Revenue Refunding Bonds, Series 2008, in an aggregate principal amount not to exceed $13,500,000; approving an indenture of trust, a bond purchase agreement and other contract documents relating to issuance, sale and delivery of the Series 2008 bonds; and containing other provisions related thereto. F. Motion to approve the appropriation and expenditure of $241,487 from the Reinvestment Zone No. 2 Fund #1111 for a contract with the Division of Nearshore Research, Texas A &M University — Corpus Christi for Packery Channel Quarterly Monitoring for 2008 -2009. G. Public Comment. H. Adjournment. (RECONVENE REGULAR COUNCIL MEETING) REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 20. Resolution approving the resolution by the North Padre Island Development Corporation authorizing the issuance of refunding bonds. (Attachment # 20) 21.a. Ordinance appropriating $241,487 from the Unreserved Fund Balance in the Reinvestment Zone No. 2 Fund 1111 for Packery Channel Monitoring for 2008 -2009; changing the FY 2007 -2008 Operating Budget adopted by Ordinance No. 027352 to increase appropriations by $241,487. (Attachment # 21) Agenda Regular Council Meeting February 26, 2008 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 21.b. Motion authorizing the City Manager or his designee to execute a contract between the City of Corpus Christi and Texas A &M University — Corpus Christi not to exceed $241,487 for Packery Channel Quarterly Monitoring for 2008 -2009. (Attachment # 21) 22. Motion approving a consulting contract with Etico Solutions, Inc., of Macomb, Illinois, to conduct a comprehensive resource allocation study for the Corpus Christi Police Department, in accordance with Request for Proposal No. BI- 0069 -08, for a total cost of $90,000. Funding is available in Police Grants — Federal Law Enforcement Trust Fund. (Attachment # 22) 23. Motion authorizing the City Manager, or his designee, to execute a construction contract with Salinas Construction Technologies, Inc., of Pleasanton, Texas, in the amount of $3,787,013.79 for the Greenwood Drive Phase 1 from Gollihar Road to South Padre Island Drive (SPID) Project for the Base Bid plus Additive Alternate No. 1. (BOND ISSUE 2004) (Attachment # 23) 24. Discussion and consideration of City Council Meeting procedures regarding Mayor's Update, Council and Other Reports, and City Manager's Report. (Attachment # 24) M. PRESENTATIONS: Public comment will not be solicited on Presentation items. 25. Presentation regarding the 2008 China Trade Mission (To be discussed at approximately 11:00 a.m.) (Attachment # 25) 26. 2007 Uniform Crime Report (Attachment # 26) N. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. OR AT THE END OF THE COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORMAT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) Agenda Regular Council Meeting February 26, 2008 Page 10 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Si usted se dirige a !a junta y cree que su ingles es limitedo, habre un interprete ingles- espariol en !a reunion de la junta pars ayudarle. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY 1S NOT MEANT TO RESTRAIN A CITIZENS FIRST AMENDMENT RIGHTS. O. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. 27. Executive session under Texas Government Code, Section 551.071, regarding Texas Commission on Environmental Quality, Notice of Enforcement Action, City of Corpus Christi; RN100224724, Docket No. 2008- 0051- MSW -E; Enforcement Case No. 35183, with possible discussion and action related thereto in open session. P. 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. 28. MAYOR'S UPDATE 29. COUNCIL AND OTHER REPORTS Agenda Regular Council Meeting February 26, 2008 Page 11 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Q. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at S; }n p.m., February 20, 2008. f r i o e�x rmando Chapa `Ytrt 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 Wednesday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by Thursday morning. Symbols used to highlight action items that implement council goals are on attached sheet. Minutes — Regular Council Meeting February 12, 2008 — Page 2 Mayor Garrett called for the City Manager's report. City Manager Noe provided the Council with a copy of the City's Annual Financial Report. Mr. Noe announced the kickoff for the "Help is Here Express Partnership" program for prescription assistance on scheduled for Wednesday, February 13'x' at City Hall. Mr. Noe announced a tentative meeting scheduled for February 26thfor council members to meet with the consulting team on the selection of the new Del Mar College President. Mr. Noe announced that the Council mid -year retreat is scheduled for Monday, February 18th at the Museum of Science and History. Council members spoke regarding increased security at Council meetings; information concerning presidential candidates coming to the City; and excavation work at Heritage Park. * * * * * * * * * * * * * Mayor Garrett called for consideration of the consent agenda (Items 3 - 16). Mr. Bill Kopecky requested that Item 11 be pulled for individual consideration. Mr. Abel Alonzo requested that Items 11 and 12 be pulled for individual consideration. Council members requested that Items 3, 4,10,15, and 16 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 5. MOTION NO. 2008-021 Motion to authorize a E -9 -1 -1 Service Agreement with Sprint Spectrum, L.P., of Overland Park, KS, in the amount of $395,000 for the company to provide caller directory information and caller location information for Sprint wireless customers 9 -1 -1 calls to the City Metrocom. 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. 6.a. RESOLUTION NO. 027569 Resolution authorizing the City Manager or his designee to accept an amended grant for $99,876 from the Department of State Health Services for personnel costs and other expenses relating to a plan for responding to an act of terrorism 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 "; Cooper was absent. 6.b. ORDINANCE NO. 027570 Ordinance appropriating an amended grant for $99,876 from the Department of State Health Services in the No. 1066 Health Grants Fund for personnel costs and other expenses relating to a plan for responding to an act of terrorism and to execute all related documents. 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. 7.a. RESOLUTION NO. 027571 Resolution authorizing the City Manager or his designee to accept a grant from the Texas Department of State Health Services in the amount of $106,537 to provide for the elimination and control of tuberculosis and to execute all related documents. -2- Minutes — Regular Council Meeting February 12, 2008 — Page 3 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. 7.b. ORDINANCE NO. 027572 Ordinance appropriating a grant from the Texas Department of State Health Services in the amount of $106,537 in the No. 1066 Health Grants Fund to provide for the elimination and control of tuberculosis. 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.a. RESOLUTION NO. 027573 Resolution authorizing the City Manager or his designee to execute a Gift Agreement with the Friends of Corpus Christi Public Libraries in the amount of $42,000 for construction and installation of a new book -lift shaft, book -lift and machine room at the Parkdale Branch Library. 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. 8.b. ORDINANCE NO. 027574 Ordinance appropriating $42,000 into the Library Capital Improvement Program (CIP) Fund No. 3210, Project No. 120095 for construction and installation of new book -lift shaft, book -lift and machine room at the Parkdale Branch Library from the Friends of Corpus Christi Public Libraries; changing FY 2007 -2008 Capital Budget adopted by Ordinance No. 027352 to increase appropriations by $42,000. 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. 9. MOTION NO. 2008-022 Motion authorizing the City Manager or his designee to execute Change Order No. 1 to the construction contract with Van Fleet Construction of Kingsville, Texas, in the amount of $42,000 for the Parkdale Library Renovations for the construction and installation of a new book -lift shaft, book -lift and machine room. 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. 13. MOTION. NO. 2008-023 Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract with Peter Siracusa and wife Obdulia Siracusa in the total amount of $162,792, of which $160,792 is for land costs and $2,000 estimated in closing costs for fee simple property rights to Parcel 1, described as 4.39 acres of land out of Lots 14 and 19, Section 20, Flour Bluff and Encinal Farm and Garden Tracts, located west of Airline Road between Saratoga and Yorktown Boulevards, in connection with the Brighton Park Development Project and for other municipal purposes. -3- Minutes — Regular Council Meeting February 12, 2008 — Page 4 The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, KeIIy, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper was absent. 14.a. MOTION NO. 2008 -028 Motion approving the amount of monies to be paid as cash in lieu of construction of Rodd Field Road, a half street in accordance with the Platting Ordinance Section IV — Design Standards, Subsection A.12.d)(1). The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, KeIIy, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent. , 14.b. MOTION NO, 2008 -029 Motion authorizing the City Manager to execute a Half Street Deferment Agreement with Yorktown Oso Joint Venture (Developer), in the amount of $31,865.94 for public improvements including pavement, curb, gutter, and sidewalks for the future street improvements to Rodd Field Road adjacent to the west property line of Rancho Vista Unit 3, located south of Yorktown Boulevard and east of Rodd Field Road, in accordance with the Platting Ordinance Section IV — Design Standards, Subsection A.12.c). The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, KeIIy, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper was absent. Mayor Garrett opened discussion on Item 3 regarding the purchase of liquid aluminum sulfate for the Water Department. Council Member Hummell asked for additional information regarding the increased price of the chemicals. Assistant Director of Financial Services Michael Barrera said the documentation on the pricing was marked confidential. Mr. Barrera added that Bay Chemical & Supply has been a good supplier to the City for this product and the price increases have been substantiated. City Secretary Chapa polled the Council for their votes as follows: 3. MOTION NO. 2008-019 Motion authorizing a supply agreement with Bay Chemical & Supply Company, of Odem, Texas, for approximately 13,000 tons of liquid aluminum sulfate in accordance with Bid Invitation No. BI- 0075 -08, based on low bid, for an estimated annual expenditure of $1,245,400, of which $622,700 is required in FY 2007 -2008. The term of the contract is for twelve months with options to extend for up to two additional twelve -month periods, subject to the approval of the contractor and the City Manager or his designee. This chemical will be used by the Water Department for treatment of our water supply. Funds have been budgeted by the Water Department in FY 2007 -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. Mayor Garrett opened discussion on Item 4 regarding a supply agreement for police uniforms. Council Member Leal asked questions regarding the total number of officers and cadets and the number of uniform sets issued to each officer. Police Chief Bryan Smith said there are approximately 440 officers and 19 cadets in the academy. Chief Smith added that the officers will receive uniforms as replacements and will transition to the new uniform to be more cost effective. In response to Council Member Kelly, Chief Smith said the feedback from officers on the new uniform has been positive. City Secretary Chapa polled the Council for their voted as follows: Minutes — Regular Council Meeting February 12, 2008 -- Page 5 4. MOTION NO. 2008 -020 Motion approving a supply agreement with Nardis, Inc. of Kilgore, Texas, for Police Uniforms in the amount of $62,430.50 of which $31,215.25 is required in FY 2007 -2008. The term of the contract will be for twelve months with an option to extend the contract for up to two additional twelve -month periods, subject to the approval of the supplier and the City Manager or his designee. The award is in accordance with the State's Cooperative Purchasing Program. Funds have been budgeted by the Police Department in FY 2007 -2008. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Rummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper was absent. Mayor Garrett opened discussion on Item 10 regarding the PeopleSoft software. Council Member Martinez asked questions regarding the increased cost on maintenance since 1998 and if the maintenance was contractual. Director of Municipal Information Systems Michael Armstrong said the maintenance is contractual and cost increases have been approximately 18% to 22 %. City Secretary Chapa polled the Council for their votes as follows: 10.a. MOTION NO. 2008-023 Motion authorizing the City Manager or his designee to extend the agreement for Standard Maintenance with Oracle Corporation, of Redwood Shores, California in the amount of $319,756.96 for twelve (12) months PeopleSoft software maintenance and support for Asset Management, Accounts Payable, Benefits Administration, Budgets, General Ledger, Human Resources, Inventory, Projects, Purchasing, Payroll, Time and Labor software based on sole source. 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. 10.b. MOTION NO. 2008 -024 Motion authorizing the City Manager or his designee to approve the purchase of continued annual maintenance costs from Oracle Corporation of Redwood Shores, California for the PeopleSoft suite of products subject to annual appropriation of funds based on sole source. 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. Mayor Garrett opened discussion on Item 11 regarding the Greenwood Pool Renovations. Bill Kopecky, 3609 Topeka, spoke regarding the use of job order contracts for bond issue projects and asked the Council to develop a policy on this type of contract. Abel Alonzo, 1701 Thames, thanked Interim Assistant City Manager Angel Escobar and senior staff for meeting the obligations and commitments of the Bond 2004 issue. Mr. Alonzo also reminded the public that the City is receiving suggestions for the Bond 2008 projects. Council Member Leal asked who the contractors are who were selected to do job order contracts. Interim Director of Engineering Kevin Stowers stated that Alpha Building Corporation and Nuway International were the two recommended contractors. Council Member Elizondo asked questions regarding the method used to identify which contractor would receive a project. Mr. Stowers explained that projects are issued based on the character and capacity of the company and the nature of the work. In response to Ms. Leal, Mr. Stowers said he would provide information on the company that does subcontracting. City Secretary Chapa polled the Council for their votes as follows: —5— Minutes — Regular Council Meeting February 12, 2008 — Page 6 11. MOTION NO. 2008 -025 Motion authorizing the City Manager or his designee to execute a Job Order Contract with Alpha Building Corporation of Corpus Christi, Texas, in the amount of $149,862.61 for the Greenwood Pool Renovations. (BOND 2004) 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. Mayor Garrett opened discussion on Item 12 regarding the New Southside Fire Station No. 17. Abel Alonzo, 1701 Thames, stated that his comments were the same as Item 11. City Secretary Chapa polled the Council for their votes as follows: 12. MOTION NO. 2008 -026 Motion authorizing the City Manager or his designee to execute a construction contract with Van Fleet Construction of Kingsville, Texas in the amount of $1,127,653 for the New Southside Fire Station No. 17 Project. (BOND 2004) 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 15 regarding the first amendment to the Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement submitted by Al Development, Inc. Council Member Martinez requested a breakdown of the current construction agreements that were approved but not completed and the current trust fund balances. City Secretary Chapa polled the Council for their votes as follows: 15.a. MOTION NO. 2008 -030 Motion approving the first amendment to Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement submitted by Al Development, Inc., owner and developer of Airline Crossing Unit 1, located south of Lipes Boulevard and west of Airline Road for the installation of three (3) additional 12 -inch gate valves and boxes on the 12 -inch PVC water grid main for Airline Crossing Unit 1, located along Slough Road. 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. 15.b. ORDINANCE NO. 027575 Ordinance appropriating $6,846.75 from the Water Arterial Transmission and Grid Main Trust Fund No. 540450 - 21805 -4030 to pay the Al Development, Inc. an amended reimbursement request for the installation of three (3) additional 12 -inch gate valves and boxes on the 12 -inch PVC water grid main for Airline Crossing Unit 1. 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 February 12, 2008 — Page 7 Mayor Garrett opened discussion on Item 16 regarding the Texas International Yacht & Jet Plane Show Lease Agreement. Council Member Marez asked questions regarding the term increase and the percentage of vendors last year. Marina Superintendent Peter Davidson said the term increased to 10 days and last year vendors were 99% full. Mr. Davidson said this year's boat show is larger than the previous year. City Secretary Chapa polled the Council for their votes as follows 16.a. MOTION NO. 2008-031 Motion to amend prior to second reading the ordinance authorizing the Texas International Yacht & Jet Plane Show Lease Agreement to amend Section 6 of the lease regarding payment due dates and financial documents. 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. 16.b. ORDINANCE NO. 027576 Authorizing the City Manager or his designee to execute an amendment to the Texas International Yacht & Jet Plane Show Lease Agreement (with two five -year renewals: 2008- 2012 and 2013 -2017) with MMD Communications, of North Palm Beach, Florida, to increase annual term from eight (8) days to ten (10) days, expand leased premises area, and increase minimum annual rental fee to $30,000; amend Section 6 of the lease regarding payment due dates and financial documents; and providing for publication. (First Reading 01/15/08) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye'; Cooper was absent. * * * * * * * * * * * * * Mayor Garrett opened discussion on Item 25 regarding Trust for Public Lands (TPL- Texas, Inc.) Director of Parks and Recreation Sally Gavlik explained that this item is an agreement between the City and the Trust for Public Land to purchase 49.53 acres a year from now. Ms. Gavlik said this land will be added to property that the City currently owns to develop approximately 163 acres for a Conservation and Interpretative Park between Wooldridge Road, Holly Road, Oso Park and Oso Bay. Ms. Gavlik added that the developer, Neil Amsler with Hogan Homes, is assisting with the project and contributing his developer fees. Mayor Garrett called for comments from the audience. Abel Alonzo, 1701 Thames, said the project was a great way to improve the quality of life. City Secretary Chapa polled the Council for their votes as follows: 25. MOTION NO. 2008 -036 Motion authorizing the City Manager or his designee to execute all documents with the Trust for Public Lands, a California nonprofit corporation authorized to do business in Texas as TPL- Texas, Inc., for the purchase of a 49.53 acre tract of land situated partially in Lot 3, Lot 4, Lot 11, Lot 12, Lot 17, and Lot 18, Section 32 and Lot 17, Section 31, Flour Bluff and Encinal Farm and Garden Tracts, to be dedicated as park land as part of the Oso CreeklOso Bay Trails, Greenways Master Plan, with purchase price in the amount of $528,900, plus land conservation services fee in the amount of $70,000, and closing costs in the amount of $16,433. -7- Minutes — Regular Council Meeting February 12, 2008 — Page 8 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 referred to Item 17, and a motion was made, seconded and passed to open the public hearing on the following street right -of -way: 17. Public hearing and First Reading Ordinance to consider abandoning and vacating a 24,638.46 - square foot portion of the Whataburger Way public street right -of -way, located between the Gollihar Road and Mildred Drive street rights -of -way; subject to compliance with the specified conditions. Deputy Director of Development Services Johnny Perales provided information on the location of the proposed closure; responses from the public; the approval from the Traffic Advisory Committee on January 28th; and the various conditions associated with the street closure. Bill Kopecky, 3609 Topeka, expressed his concern regarding giving up street capacity and the traffic volumes on Whataburger Way. Carolyn Moon, 4902 Calvin, spoke regarding traffic issues created by the closure. James Turk, representing Whataburger Restaurants, LP, said the national headquarters has reached its capacity. He added that the closure of the street is the best option and is necessary for the company's growth. Lee E. Flemmings, 4602 Mildred, said Whataburger is a good neighbor but he feels that closure of the street would create increased traffic and drainage problems. Doris Yaklin, 4605 Mildred, spoke in opposition of the closure. Gloria Perez, representative of the Corpus Christi Regional Economic Development Corporation requested that the Council support the closure. Jack Gordy, 4118 Bray, spoke regarding a traffic analysis; drainage issues; and the abandoning of public property. Mark Adame, 5242 Greenbriar, spoke in support of the closure. Roland Garza spoke in support of the closure and encouraged the improvement of drainage. Abel Alonzo, 1701 Thames, spoke in support of the project. Mayor Garrett postponed further discussion on this item to consider Item 24. * * * * * * * * * * * ** Mayor Garrett opened discussion on Item 24 regarding the naming of the People's Street T- head Park as Norma Urban Park. Director of Parks and Recreation Sally Gavlik explained that the Peoples Street T -Heads were designated as parks but were never named. Ms. Gavlik said that Mayor Garrett requested that the Peoples Street T -Head Park be named Norma Urban Park. Ms. Gavlik added that the Parks and Recreation Advisory Committee and the Marina Advisory Committee voted unanimously to support the name request. Ms. Gavlik said Ms. Urban has been an advocate for downtown parks and landscaping projects. Mayor Garrett called for comments from the audience. Les Cassidy, 337 Claremore and member of the Downtown Management District (DMD), spoke regarding the dedication Ms. Urban had as the CEO of the DMD and supported the naming of the park. Council Members expressed their support for recognizing Ms. Urban for her dedication and commitment to the downtown area. City Secretary Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting February 12, 2008 -- Page 9 24. ORDINANCE NO. 027580 Ordinance naming the park on the Peoples Street T -Head as "Norma Urban Park at Peoples Street T- Head "; waiving the 60 -day waiting period and publication of legal notice. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Lea!, McCutchon, Marez, and Martinez, voting "Aye ". Chip Urban, on behalf of his mother Norma Urban and the family, thanked the Council for recognizing his mother. * * * * * * * * * * * * * Mayor Garrett retumed to Item 17 regarding the proposed street closure of Whataburger Way. Deputy Director of Johnny Pereles provided a layout of the existing storm water system. Scott Fledman, Alliance Transportation Group, said the traffic impact study was based on the existing volume on Whataburger Way; potential growth; reduction of growth; and the possible redevelopment of Parkdale Plaza. Council members asked questions regarding the impact of the closure on Mildred Drive; extending and dedicating the turning lane to Gollihar Road; emergency access to neighborhoods; the Gollihar Road intersection; the traffic impact of the redevelopment of Parkdale Plaza; expansion and maintenance of the street; whether the City was aware of the storm water issues; and expressed their commitment to improve the drainage in the area. Mr. Kelly made a motion to close the public hearing, seconded by Mr. Marez, and passed. Mr. Chapa polled the Council for their votes as follows: 17. FIRST READING ORDINANCE Abandoning and vacating a 24,638.46- square foot portion of the Whataburger Way public street right -of -way, located between the Gollihar Road and Mildred Drive street rights -of -way; subject to compliance with the specified conditions. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Cooper, Elizondo, Hummel!, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". Mayor Garrett called a brief recess to present proclamations and listen to public comment. * * * * * * * * * * * * * Mayor Garrett called for petitions from the audience. Scott Large, 530 Hopper Drive, spoke regarding a glass recycling project. Travis Gallo, 3531 Lawnview Street, spoke regarding glass recycling; social benefits of recycling; and other recycling suggestions. Jack Gordy, 4118 Bray, spoke regarding code enforcement and illegal signs. J.E. O'Brien. 4130 Pompano, spoke regarding the reduction of utility rates. Pat Suter, 1002 Chamberlin, spoke regarding the recycling and reuse performed by various City departments and glass recycling. Joseph Afram, 3833 Capri, spoke regarding proposed penalty fees for vacant downtown building. Minutes — Regular Council Meeting February 12, 2008 — Page 10 Mayor Garrett announced the executive sessions, which were listed on the agenda as follows: 26. Executive session under Texas Government Code Section 551.071 regarding Cause No, 06- 469, Bernardino Ybanez, et al, vs. City of Corpus Christi, et al; and Cause No, 07- 00363, Carlos Antonio Buentello vs. City of Corpus Christi, et al, with possible discussion and action related thereto in open session. 27. Executive session under Texas Government Code Section 551.071 regarding Cause No. 06- 4142-E, USAA County Mutual Insurance Co. vs. City of Corpus Christi and Bridgestone Firestone North American Tire, in the District Court, 148th Judicial District, Nueces County, Texas, with possible discussion and action related thereto in open session. 28. Executive session under Texas Government Code Section 551.071 regarding the establishment of new rates for treated and untreated water for customers outside the city limits, with possible discussion and action related thereto in open session. The Council went into executive session. The Council retumed from executive session and the following motions were passed with the following vote: 26. MOTION NO. 2008-037 Motion authorizing the City Manager to settle Cause No. 07- 00383, Carlos Antonio Buentello vs. the City of Corpus Christi et al, in the Southern District of Texas, for the total sum of $80,000 subject to certification of funds. The foregoing motion was passed and approved with the following vote: Garrett; Cooper, Elizondo, Kelly," Leal, and Marez, voting "Aye "; Hummell, McCutchon, and Martinez were absent. 27. MOTION NO. 2008-038 Motion authorizing the City Manager to settle Cause No. 06- 4142 -E, USAA County Mutual Insurance Co. vs. City of Corpus Christi and Bridgestone - Firestone North American Tire, in the District Court, 148th Judicial District, Nueces County, Texas, for the total sum of $140,000, subject to certification of funds. The foregoing motion was passed and approved with the following vote: Garrett; Cooper, Elizondo, Kelly, Leal, Marez, and Martinez, voting "Aye`; Hummell and McCutchon were absent. *********** ** Mayor Garrett opened discussion on Item 18 regarding the consideration of an appeal by Rolando Garza of the Corpus Christi Cable Communications Commission's December 17, 2007 decision regarding a public access program. Mayor Garrett explained the procedures of the appeal process. Assistant City Attorney Lisa Aguilar referred to a powerpoint presentation including the definition of commercial programming; Cable Communications Commission guidelines; and the appeal process to the City Council. Council Member Leal requested the ordinance number and a copy of the ordinance. Rolando Garza provided a background of the notice of violation; he stated that the banner in his broadcast was not commercial advertising; and spoke regarding freedom of speech, an original legal opinion by Assistant City Attorney Lisa Aguilur1 Eirrd Federal Communications Commission (FCC) Minutes — Regular Council Meeting February 12, 2008 — Page 11 regulations. Mr. Garza said there was no solicitation or advertising on his show and asked that the Council grant his appeal. Joan Veith, Cable Communications Commission member, said that "We the People" newspaper is free to the public but there is a cost for subscription and therefore there was a consensus of the Commission that the display of the banner constituted as advertisement. Carolyn Moon, Cable Communications member, said if the sign had not been displayed, the Commission would have had no problem with the program. John Kelley, "We the People" newspaper, said the paper does charge for subscription if it is mailed and is supported by advertising; the website has no advertising; and that there are commercial ads in the paper copy. Mr. Kelley stated that the paper is a commercial product that is protected under constitution. Jack Gordy, Public Access Users Group, provided examples of commercial violations and spoke regarding the violations on the program. Council members asked questions regarding receipt of the notice of violation; the original legal opinion issued by Legal staff; whether the newspaper is a non or for profit entity; protection under constitutional right to freedom of press and how it is applicable to this situation; examples of violations constituting advertising; consideration by Chairperson Connie Gutierrez to dismiss the violation; the definition of remuneration; whether the sign displayed the newspaper or the website; the reasons the legal opinion changed; the service or product promoted on the sign; how the complaint was filed; guidelines for the display of signs; whether the program would be removed if the appeal was not granted; the entity that develops and interprets the regulations; if product is defined in the rules; whether cable commission members receive an orientation of the procedures and rules; and the last violation for commercial programming. Council Member Leal made a motion to grant Mr. Garza's appeal. The motion failed for lack of second. Council Member Marez suggested that the City Council or the Cable Communications Commission explore reviewing and making amendments to clarify the public access guidelines. Council Member Leal requested the original copy of the ordinance for Council review. Mr. Kelly made a motion to postpone this item until the end of the meeting to review the ordinance. The motion was seconded by Ms. Leal and passed (Marez voting "No "). Mayor Garrett opened discussion on Item 19 regarding the storm water utility system. Assistant City Manager Oscar Martinez provided background on the intent to establish the storm water utility system and the City Council directives. Mr. Martinez said this item declares a policy relative to the establishment of the storm water utility system and directs staff to publish the required notice of the consideration and adoption of an ordinance creating the storm water utility, Council members asked questions regarding additional information on strip center meters; timeframe for the transition from runoff coefficients to impervious cover; the use of light detection and ranging (LIDAR) to measure impervious cover; conversations with the County on the master drainage plan; and how the cities of San Antonio and Austin determine their storm water fees. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 19.a. RESOLUTION NO. 027577 Resolution declaring policy relative to establishment of a storm water utility system. The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Hummel!, Kelly, Leal, Marez, and Martinez, voting "Aye "; Cooper and McCutchon were absent. —11— Minutes — Regular Council Meeting February 12, 2008 — Page 12 19.b. MOTION NO. 200 -032 Motion directing staff to publish the required notice under Chapter 402 of the Texas Local Government Code of a public hearing to consider adoption of an ordinance to establish a storm water utility, and setting a public hearing to be held at the Tuesday, April 8, 2008 meeting of the Corpus Christi City Council. The foregoing motion 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 20 regarding the downtown vacant building ordinance. Director of Neighborhood Yvonne Haag introduced the presentation team including Assistant City Attorney Gary Smith; Assistant City Attorney Elizabeth Hundley; Assistant City Manager Margie Rose; Code Enforcement Officer Tracy Cantu; and Downtown Management District (DMD) representative Heidi Hodva. Ms. Haag referred to a powerpoint presentation including the proposed changes to the ordinance; purpose of the new ordinance; pictures of downtown vacant buildings; background of the downtown revitalization; research; public input from downtown merchants and building owners; general consensus and response to ordinance; ordinance highlights; pictures of building currently being monitored; penalties; conclusion and recommendations. Heidi Hodva, DMD, said the DMD created an Ad Hoc Committee that worked very closely with staff to craft the language of the ordinance. Ms. Hodva stated that the Vacant Building Ordinance Ad Hoc Committee approved the ordinance on behalf of the DMD. Council Members asked questions regarding other cities that have a vacant building ordinance; the definition of occupied floor space; enforcement of timetables; access for inspections; language in the ordinance; the property owners timeframe to take action to correct any observed code violations; fine notices; difficulty contacting property owners; liens against property for services rendered; continuous abatement authority; fees; additional code enforcement officers; and responsible property owners maintaining the codes. Mayor Garrett called for comments from the audience. Abel Alonzo, 1701 Thames, asked for the percentage of owners of vacant buildings in the downtown area. Joseph Afram, 3833 Capri, spoke regarding the maintenance of his vacant property in the downtown area and the proposed fees for vacant buildings. City Secretary Chapa polled the Council for their votes as follows: 20. FIRST READING ORDINANCE Enacting new Article IV of Chapter 13, Code of Ordinances, entitled "Vacant Downtown Buildings;" establishing property maintenance, security, and monitoring provisions required for vacant downtown properties; establishing downtown vacant building registration and inspection requirements; establishing fees; establishing enforcement provisions; providing an effective date; providing for penalties; and providing for publication. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye "; McCutchon was absent. Mayor Garrett opened discussion on Item 21 regarding amendments to the platting ordinance. Deputy Director of Development Services Johnny Perales presented this item and said staff is requesting an amendment to Section V.B.5.a)(1), removing the requirement for City Council approval of all temporary "dead end" water mains. -12- Minutes — Regular Council Meeting February 12, 2008 — Page 13 Mr. Kelly made a motion to approve the amendment. The motion was seconded by Mr. Marez and passed. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 21. ORDINANCE NO. 027578 Amending Section V.B. "Minimum Standards" of the Platting Ordinance to require looped water lines and provide for the definitions related thereto; providing a repealer clause; providing a penalty clause; providing for publication; and providing an effective date. (First Reading — 01/29/08) The foregoing ordinance was passed and approved on its second reading as amended with the following vote: Cooper, Elizondo, Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye "; Garrett and McCutchon were absent. Mayor Garrett opened discussion on Item 22 regarding a design contract for the new Broadway Wastewater Treatment Plant. John Cartwright, LNV /Carollo Engineering, referred to a powerpoint presentation including project location; aerial view of the existing plant site and the project area; plant capacity; construction phases; effects to Resaca Street; offsite elements of the project; process components; special features; services provided by the Carollo Team through the RFP process; project schedule; and the project team partners. Council members asked questions regarding the amendment cost; cost of the design phase; the scope of work during the preliminary phase; the individuals involved in negotiating the terms of the agreement; additional changes; MGD at the existing treatment plant; size and number of clarifiers; odor control; problems at the Greenwood plant; and the timeline of the design phase. Mayor Garrett called for comments from the audience. Abel Alonzo, 1701 Thames, thanked staff for their recommendation and the Council for continuing their efforts with this project. Errol Summerlin, on behalf of the Hillcrest Residents Neighborhood Association, read a prepared statement. Mr. Summerlin said the Association is requesting the Council consider placing the decision of the Broadway Treatment Plant in writing to prevent changes from occurring and to exercise control of their actions. City Secretary Chapa polled the Council for their votes as follows: 22.a. MOTION NO. 2008 -033 Motion authorizing the City Manager or his designee to execute Amendment No. 1 to an Engineering contract with Carollo Engineers, P. C., of Phoenix, Arizona, in the amount of $7,306,047 for a restated not to exceed contract total of $7,330,962 for the New Broadway Wastewater Treatment Plant. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye"; McCutchon was absent. 22.b. MOTION NO. 2008 -034 Motion authorizing the City Manager or his designee to execute an Engineering contract for peer review with Freese and Nichols Engineering, Inc., of Fort Worth, Texas, in the amount of $339,294 for the New Broadway Wastelhaier Treatment Plant. Minutes — Regular Council Meeting February 12, 2008 — Page 14 The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye "; McCutchon was absent. Mayor Garrett opened discussion on Item 23 regarding the Rodd Field Village Improvement District Infrastructure Improvements. Interim Director of Engineering Services Kevin Stowers stated that the proposed construction project will correct issues associated with the Rodd Field Village Improvement District. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 23.a. RESOLUTION NO. 027579 Resolution expressing official intent to reimburse costs of Rodd Field Public Improvement District Infrastructure Improvements. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, and Marez, voting "Aye "; McCutchon and Martinez were absent. 23.b. MOTION NO. 2008-035 Motion authorizing the City Manager or his designee to execute a construction contract with Lakemont Construction, of Spring, Texas, in the amount of $1,650,378 for the Rodd Field Village improvement District Infrastructure Improvements for the Base Bid and Additive Alternate Nos. 1, 2 and 3. . The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, and Marez, voting "Aye"; McCutchon and Martinez were absent. Mayor Garrett retumed to discussion on Item 18 regarding the appeal by Rolando Garza of the Corpus Christi Cable Communications Commission's December 17, 2007 decision regarding a public access program. Council Member Leal asked for the reasons the ordinance was amended on March 20, 2007. Assistant City Attorney Lisa Aguilar stated that she did not recall the specific changes for March 20t' however periodically the Cable Communications Commission will review the ordinance and make changes suggested by the Commission, the user's group or the cable operator. Ms. Leal asked for the number of violations Mr. Garza would have to receive for his program to be taken off the air and Mr. Garza's current standing on violations. Ms. Aguilar said that three violations in a six month period would result in the forfeiture of a program for 60 days. Interim Director of E- Government Annie Leal said that if Mr. Garza's appeal is not granted, it would be his first violation for a six month period. Ms. Leal made a motion to grant the appeal by Rolando Garza of the Corpus Christi Cable Communications Commission's December 17, 2007 decision regarding a public access program. The motion was seconded by Mr. Hummell. City Secretary Chapa polled the Council for their votes as follows: 18. FAILED Motion to grant the appeal by Rolando Garza of the Corpus Christi Cable Communications Commission's December 17, 2007 decision regarding a public access program. —14— Minutes — Regular Council Meeting February 12, 2008 — Page 15 The foregoing motion failed with the following vote: Elizondo, Hummell, and Leal, voting "Aye "; Garrett, Cooper, Kelly, Marez, and Martinez, voting "No "; McCutchon was absent. Mr. Garza's appeal is therefore denied. * * * * * * * * * * * * * Mayor Garrett called for Council concerns and reports. Council Member Hummell asked staff to investigate the possibility of a business incentive for the new coffee shop by the Hofbrau Restaurant located at the former Stripes on Chaparral Street. Council Member Elizondo asked how we can encourage authorities to develop stronger enforcement laws regarding graffiti. Mr. Noe said he would work with other communities to discuss some statutory remedies. Council Member Marez spoke regarding the drainage issue in the Mildred Street area. Mr. Marez requested a report on the factors affecting the American Bank Center's from receiving events. Council Member Leal congratulated the Foy H. Moody High School students for hosting the Health Occupational Students of America competition at Del Mar College. Ms. Leal thanked Director of Wastewater Foster Crowell for addressing the odor control issue at the Greenwood Wastewater Treatment Plant. Ms. Leal thanked Director of Human Relations Leon Bazar for addressing the ADA projects; all of the city employees for their hard work; and City Manager Noe for assisting with several issues in District 3. Mayor Garrett also recognized Mr. Bazar for his work. Council Member Martinez thanked staff for their outreach efforts for the 2008 Bond projects and provided City Manager Noe with a request from Tuloso- Midway Independent School District. Ms. Martinez asked for a status on the signage for SeaTown and the funding. There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 4:31 p.m. on February 12, 2008. * * * * * * * * * * * ** CITY COUNCIL AGENDA MEMORANDUM Date: 02/26/2008 AGENDA ITEM: Resolution authorizing the submission of a grant application in the amount of $67,214 to the State of Texas, Office of the Governor, Criminal Justice Division for Year Two funding of a Sex Offender Investigative Unit grant in the Police Department with a City match of $5,564, for a total grant application of $72,778, and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. ISSUE: Funding for Year 2 is available through the Criminal Justice Division and City Council must approve submission of the application and matching funds. REQUIRED COUNCIL ACTION: Approval to submit the grant application FUNDING: The State is asked to provide $67,214 for the salary and fringe benefits for two civilian positions. The Police General Fund provides $5,564 equipment and supplies. The grant period runs from October 1, 2008 — September 30, 2009. CONCLUSION AND RECOMMENDATION: Staff recommends passing the resolution approving submission of the grant application to the Office of the Governor, Criminal Justice Division. Bryan P. Smith Chief of Police BACKGROUND INFORMATION The Corpus Christi Police Department is requesting Year Two funds to continue the Sex Offender Investigative Unit with one civilian investigator and one Senior Staff Assistant within the Criminal Investigation Division. The unit addresses 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 of the Corpus Christi Police Department would boost efficiency in researching and investigating sex offender compliance issues and handling future case loads. The analyst conducts any necessary research on the history of out -of- compliance sex offenders as well as originates and manages all paperwork associated with each sex offender case. The efficiency of CID detectives is greatly enhanced by having the Intelligence Analyst as a centralized support person who assists with assigned sex offender cases. Research and follow -up enforcement is centralized, while on -site investigations continue to be handled by CID detectives. The Senior Staff Assistant maintains the Web -based and local sex offender databases by streamlining accurate and timely entries/updates. Having an Intelligence Analyst responsible for doing the desk investigations and paperwork that supports the detectives' work greatly enhances the department's efficiency and reduces the time required by each detective to close a case. Reducing investigation time also enables the detective more opportunity to work directly with the District Attorney's Office to focus on active and repeat offenders. 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 would nearly double. �uAaAi�a - £ A JGLA. )ununcay UIJ 1 kJ Li I. 1.V3C I111Z rPLUJ : :1) I Print This Page 1 Agency Name: Corpus Christi, City of Grant/App: 1932602 Start Date: 9/1/2008 End Date: 8/31/2009 Project Title: Sex Offender Investigative Unit Status: Application Pending Submission Eligibility Information introduction rage 1 or Lu The Criminal Justice Division (C3D) publishes funding opportunities, known as Requests for Applications (RFA), through the Texas Secretary of State. Click here to visit the Secretary of State's website to locate the RFAs in the appropriate Texas Register issue. In addition, CJD requires all applicants and grantee organizations to adhere to the Texas Administrative Code (TAC) as adopted. Click here to view the current TAC, or click here to view the previous versions of the TAC. Submission Process When applying for a grant pursuant to an RFA published in the Texas Register by CJD, applicants must submit their applications according to the requirements provided in the RFA. CJD may also consider applications for grants that are not submitted pursuant to an RFA. Applicants will be selected in accordance with 1 TAC, §3.7. Selection Process All applications submitted to CJD are reviewed for eligibility, reasonableness, availability of funding, and cost - effectiveness. For applications submitted pursuant to an RFA, the executive director will select a review group, COG, or other designee to prioritize the applications and submit a priority listing to the executive director, who will render the final funding decision. A review group may include staff members, experts in a relevant field, and members of an advisory board or council. For more information regarding the selection process, see 1 TAC, §3.7. Funding Decisions Ali grant funding decisions rest completely within the discretionary authority of CJD. The receipt of an application for grant funding by CJD does not obligate CJD to fund the grant or to fund it at the amount requested. Neither the approval of a project nor any grant award shall commit or obligate CJD in any way to make any additional, supplemental, continuation, or other award with respect to any approved project or portion thereof. CJD makes no commitment that a grant, once funded, will receive priority consideration for subsequent funding. For more information regarding the application process, see 1 TAC, §3.7 and 3.9. Adoptions by Reference All grantees receiving federal and state funds must comply with the applicable statutes, rules, regulations, and guidelines related to the funding source under which the grant is funded. In instances where both federal and state requirements apply to a grantee, the more restrictive requirement applies. For more information regarding grant funding, see 1 TAC, §3.19. Community Plans Each community, consisting of a single county or a group of counties, must file with a COG a community plan that addresses the community's criminal justice priorities. A community plan should assess local trends and data; identify problems, resources, and priorities; develop effective strategies; and set goals and objectives. For more information regarding community plans, see 1 TAC, §3.51. https: / /cj donline.governor.state.tx.us/ Project /GrantPrintddleSummary .aspx ?PrintCode= O &gh= CA -... 2/5/2008 eUrants - Project Summary (MAKE SURE YOU CLOSE THIS PAGE !!!) Page 2 of 20 Juvenile Justice and Youth Projects Juvenile justice projects or projects serving delinquent or at -risk youth, regardless of the funding source, must address at least one of the priorities developed in coordination with the Governor's Juvenile Justice Advisory Board to be eligible for funding. For more information regarding these priorities, see 1 TAC, §3.53. Monitoring CJD will monitor the activities of grantees as necessary to ensure that grant funds are used for authorized purposes in compliance with all applicable statutes, rules, regulations, guidelines, and the provisions of grant agreements, and that grantees achieve grant purposes. Grantees must make available to CJD or its agents all requested records relevant to a monitoring review. For more information regarding monitoring, see 1 TAC, §3.2601. Your organization's Texas Payee /Taxpayer ID Number: 17460005741000 Application Eligibility Certify: Created on:2/5/200B 10:26:20 AM By:Pat Eldridge Profile Information Introduction The Profile Details section collects information about your organization such as the name of your agency and project title, the geographic area your project will serve and information about your grant officials. Click on the Save and Continue button at any time to save the information entered on this page. If you do not click on this button and navigate away from the page, your work will be lost. When you click the Save and Continue button, you may receive several error messages that instruct you to complete the required fields. Your data on any given tab will not save to the system until all required fields are complete and correct. In addition, you have a 2 -hour time limit for each tab where you will need to complete the information correctly and then click the Save and Continue button. There is a timestamp in the upper -right hand corner of the page that notes when you first clicked on the tab. From that point, you have 2 hours to complete the information on that tab correctly. If you do not complete the information correctly (for the required fields) and then you click on the Save and Continue button, you will be redirected to the eGrants Home Page. If this happens, your data will not be saved in the system. You may also choose to compose a message on this page for CJD to review. This can be done by typing in the Notes By Grantee / C.3D message box. Email Addresses & Grant Officials Information Grant Officials Information: Enter a valid and unique email address for each grant official and click the Verify Email and Set Official to the Project button. If you receive an error message regarding an email address, the grant official you are trying to assign to the project has not registered for a user account in eGrants. Please inform the agency's grant official or designee that they must log in to the eGrants Home Page, and register for a user account. If you need technical assistance, please contact the eGrants Heir) Desk by email. Updating Grant Officials: To reassign a grant official - Authorized Official, Financial Officer, or Project Director - to your grant project, ensure that the new official registers for a user account in eGrants first, then download the Designation of Grant Officials Change Form (DoG). If your organization is designating a new Authorized Official, check your records to see if a revised Resolution is required. Upload the approved Resolution to your grant project on the 'Summary / Upload Files' sub -tab. Then, fax the signed DoG to CJD at (512) 475- 2440. Once CJD receives the signed DOG (and a revised Resolution if applicable), then CJD will update your grant project in eGrants. Forms Designation gf Grant Officials Chance Form (DoG) - used to assign or reassign grant officials. Getting Started https: / /cj donline .governor.state.tx.us/Proj ect/GrantPrin&&eSummary.aspx ?PrintCode= 0 &gh= CA -... 2/5/2008 etirants - Project summary (MAKE S UKE YOU CLOSE THIS PAGE !! !) Page 3 of 20 On this tab you will notice a certain icon that is displayed. • = an information icon - this help icon is next to certain items that may need further explanation. Simply click and review the information provided in the pop up window. Applicant Agency Name: Corpus Christi, City of Project Title: Sex Offender Investigative Unit Division or Unit to Administer the Project: Corpus Christi Police Department Address Line 1: P. 0. Box 9277 Address Line 2: City /State /Zip: Corpus Christi Texas 78469 Payment Address Line 1: Post Office Box 9277 Payment Address Line 2: Payment City /State /Zip: Corpus Christi Texas 78469 -9277 Start Date: 9/1/2008 End Date: 8/31/2009 Regional Council of Goverments(COG) within the Project's Impact Area: Coastal Bend Council of Governments Headquarter County: Nueces Counties within Project's Impact Area: Nueces Grant Officials: Authorized Official User Name: Bryan Smith Email: bryans @cctexas.com Address 1: Post Office Box 9016 Address 1: City: Corpus Christi, Texas 78469 Phone: 361 - 886 -2604 Other Phone: Fax: 361 -886 -2607 Agency: Title: Mr. Salutation: Chief Project Director User Name: Pat Eldridge Email: pat©cctexas.com Address 1: P. O. Box 9016 Address 1: City: Corpus Christi, Texas 78469 Phone: 361- 886 -2696 Other Phone: 361 -215 -0150 Fax: 361-886-2607 Agency: Title: Ms. Salutation: Ms. Financial Official User Name: Cindy OBrien Email: CINDYO @CCTEXAS.COM Address 1: P.O. Box 9277 Address 1: City: Corpus Christi, Texas 70469 Phone: 361 - 826 -3604 Other Phone: Fax: Agency: Title: Ms. Salutation: Ms. Grant Writer User Name: Pat Eldridge Email: pat @cctexas.com Address 1: P. 0. Box 9016 Address 1: City: Corpus Christi, Texas 78469 Phone: 361 -886 -2696 Other Phone: 361- 215 -0150 Fax: 361 -886 -2607 Agency: Title: Ms. Salutation: Ms. https: / /cj donline. governor. state. tx. us / Project /GrantPrintableSummary. aspx ?PrintCode =0 &gh= CA -... 2/5/2008 • •� +u. ■w - i avJ►.► L ouuunicuy kivit R r. Ut(t: x lU 1.11.1N PAUL. 111) Page 4 of 20 Grant Vendor Information Introduction The Grant Vendor section of the application collects grant payment information for your organization. The following items will be auto - filled from previous data you supplied in eGrants: Organization Type, State Payee Identification Number, and Data Universal Numbering System (DUNS) identifier (if applicable). Click on the Save and Continue button at any time to save the information entered on this page. If you do not click on this button and navigate away from the page, your work will be lost. When you click the Save and Continue button, you may receive several error messages that instruct you to complete the required fields. Your data on any given tab will not save to the system until all required fields are complete and correct. In addition, you have a 2 -hour time limit for each tab where you will need to complete the information correctly and then click the Save and Continue button. There is a timestamp in the upper -right hand corner of the page that notes when you first clicked on the tab. From that point, you have 2 hours to complete the information on that tab correctly. If you do not complete the information correctly (for the required fields) and then you click on the Save and Continue button, you will be redirected to the eGrants Nome Page. If this happens, your data will not be saved in the system. You may also choose to compose a message on this page for CD to review. This can be done by typing in the Notes By Grantee / OD message box. Direct Deposit In order to receive payments from CD, complete the Vendor Direct Deposit Authorization and Application for Payee Identification Number forms which can be downloaded from the Texas Comptroller's website at https: / /fmx.cpa.state.tx.us /fm /forms /index.php and Form W -9 which can be downloaded from the Internal Revenue Services' website at http: / /www.irs.gov /. Send these completed and signed forms to the Office of the Governor, Financial Services Division, Post Office Box 12428, Austin, Texas 78711. Getting Started On this tab you will notice a certain icon that is displayed. • = an information icon - this help icon is next to certain items that may need further explanation. Simply click and review the information provided in the pop up window. Organization Type: Unit of Local Government (City, Town, or Village) Organization Option: applying to provide services to all others Applicant Agency's State Payee Identification Number (e.g., Federal Employer's Identification (FEZ) Number or Vendor ID): 17460005741000 Data Universal Numbering System (DUNS): 060390882 Payment Address Line 1: Post Office Box 9277 Payment Address Line 2: Payment City /State /Zip: Corpus Christi Texas 78469 -9277 Narrative Information Introduction The Narrative section is the description of your project. It is important that the information you provide about your project is clear and as concise as possible. Note: All applicants must certify to the eligibility requirements specific to the fund source. The minimum requirements to complete this page are the Program Requirements, Problem Statement, Supporting Data, Goal Statement, and Project Summary sections. We recommend that you complete any sections applicable to your project to assist in the application review process. Click on the Save and Continue button at any time to save the information entered on this page. If you do not click on this button and navigate away from the page, your work will be lost. When you click the Save and Continue button, you may receive several error messages that instruct you to complete the required fields. Your data on any given tab will not save to the system until all required fields are complete and correct. In addition, you have a 2 -hour time limit for each tab where you will need to complete the information correctly and then click the https: / /cj donline.governor. state.tx. us/ Project/ GrantPring. ltSurnmary.aspx ?PrintCode=O &gh= CA -... 2/5/2008 . ". �....� - i . vJ v . 6.7 ca111111ai y I ivi ft-e, t.) I kJ tl lA-A.13.E. 111i3 .r.tk i : ! ! Page 5 of 20 Save and Continue button. There is a timestamp in the upper -right hand corner of the page that notes when you first clicked on the tab. From that point, you have 2 hours to complete the information on that tab correctly. If you do not complete the information correctly (for the required fields) and then you click on the Save and Continue button, you will be redirected to the eGrants Home Page. If this happens, your data will not be saved in the system. You may also choose to compose a message on this page for CJD to review. This can be done by typing in the Notes By Grantee / CJD message box. Getting Started On this tab you will notice a certain icon that is displayed. • = an information icon - this help icon is next to certain items that may need further explanation. Simply click and review the information provided in the pop up window. Primary Mission and Purpose The State Criminal Justice Planning Fund (Fund 421) supports programs designed to reduce crime and improve the criminal or juvenil justice system. Funding Levels The anticipated funding levels for the Fund 421 program are as follows: • Minimum Award - None • Maximum Award - None • The Fund 421 program does not require a grantee to provide matching funds. For more information regarding grantee match, please click on the Budget tab, and then click on the Source of Match tab in eGranl Note: If you voluntarily include matching funds that exceed the minimum match requirement, you will be held to that amount throuy the grant period. Program Requirements Preferences - Preference will be given to applicants who demonstrate cost effective programs focused on a comprehensive and effel approach to services that compliment the Governor's strategies. Prohibition on Serving Certain Adult Offenders - Applicants will not serve adult offenders charged with, given deferred adjudicat for, or convicted of violent or other serious crimes including murder, arson, robbery, sexual assault, aggravated sexual assault, burgl felony drug crimes, crimes against children, kidnapping, aggravated kidnapping, and manslaughter, unless the executive director of C grants an exception. Juvenile Justice Program Requirements Juvenile Justice Board Priorities - Juvenile justice projects or projects serving delinquent or at -risk youth will address at least one the following priorities developed in coordination with the Governor's Juvenile Justice Advisory Board to be eligible for funding. Family Stability - Programs or other initiatives designed to strengthen family support systems in an effort to positively impact the livf youth and divert them from a path of serious, violent, or chronic delinquency. Substance Abuse Early Intervention and Prevention - Programs or other initiatives designed to address the use and abuse of illegal ai other prescription and nonprescription drugs and the use and abuse of alcohol. Programs or other initiatives include control, preventk and treatment. Education - Programs or other initiatives designed to prevent truancy, suspension, and expulsion. School safety programs may incluc support for school resource officers and law- related education. Disproportionate Minority Contact (DMC) - Programs or other initiatives designed to address the disproportionate number of juvenile members of minority groups who come into contact with the juvenile justice system. Justice System Impact - Programs or other initiatives designed to impact offender accountability and /or improve the practices, policif procedures within the juvenile justice system. Gang Prevention - Programs or other initiatives designed to address issues related to juvenile gang activity, including prevention and intervention efforts directed at reducing gang - related activities. https: / /cj donline.governor. state.tx.us/Proj ect/ GrantPrintaFleSummary .aspx ?PrintCode =0 &gh= CA -... 2/5/2008 �+vaGULLO - 1 iVJGI.L JLL11U1I1.1y kiv,.. r. Ju.mu, I VU l.+J -&h G 11113 ritUn rage b 01 ZU Rural Access - Programs or other initiatives designed to provide prevention, intervention, and treatment services located outside a metropolitan area. Training - Programs or other initiatives designed to offer specialized training for staff working directly with at -risk youth or juvenile offenders that can positively impact the quality of the services, staff turnover rates, and program stability. Victim Assistance Program Requirements Applicants providing direct services to crime victims agree to promote collaboration and coordination among local services systems th involve multiple disciplines and support a seamless delivery of services that focus on each victims return to physical, mental, and emotional health. Examples of this type of coordinated approach are advocacy, law enforcement, prosecution, and other government non- government services working together in a professional environment of cooperation and respect among service providers. Provide a description of how your community (city, county, district, etc.) restores victims and how this agency fits into the restoratior process, or enter 'N/A' if this item does not apply. N/A Drug Court Program Requirements Drug Court programs that provide court- supervised substance abuse treatment as an alternative to traditional criminal sanctions, as defined in Chapter 469 of the Texas Health and Safety Code must incorporate the following ten (10) essential characteristics of drug courts noted below and codified in Texas Health and Safety Code §469.001 to be eligible for funding: Ten Key Components Integration of Services - The integration between alcohol and other drug treatment services in the processing of cases in the judicial system. Non - Adversarial Approach - The use of a non - adversarial approach involving prosecutors and defense attorneys to promote public sa- and to protect the due process rights of program participants. Prompt Placement - Early identification and prompt placement of eligible participants in the program. Access - Access to a continuum of alcohol, drug, and other related treatment and rehabilitative services. Abstinence Monitoring - Monitoring of abstinence through weekly alcohol and other drug testing. Compliance Strategy - A coordinated strategy to govern program responses to participants' compliance. ,Judicial Interaction - Ongoing judicial interaction with program participants. Evaluation - Monitoring and evaluation of program goals and effectiveness. Education - Continuing interdisciplinary education to promote effective program planning, implementation, and operations. Partnerships - Development of partnerships with public agencies and community organizations. General Approaches • Pre - adjudication - The defendant is diverted to the treatment program in lieu of prosecution before charges are filed or before case. • Post - adjudication - The drug offender begins the drug court program after entering a plea of guilty or nolo contendere or havi been found guilty, often as a condition of probation. • Reentry - Offenders completing sentences of incarceration or lengthy terms of residential treatment are ordered into the treat program to facilitate their transitionand reintegration into society. • Civil - Participants enter the drug court program in relation to suits affecting the parent -child relationship, child welfare / CPS cases, child support cases, or other civil matters. Select the general approach(es) this drug court fill follow below. Select all that apply: _ Pre- adjudication _ Post- adjudication _ Reentry Civil X N/A Observation - The drug court team (judge, prosecutor, defense counsel, treatment provider, supervision officer, court coordinator, r of a new program must observe at least one drug court staffing session and hearing, in Texas, prior to program implementation, https: / /cjdonline. governor. state. tx. us /Project/GrantPriTaleSummary .aspx ?PrintCode= O &gh= CA -... 2/5/2008 eurants - rroject summary (MAKE SURE YOU CLOSE THIS PAGE ! 11) Page 7 of 20 Policies and Procedures - The drug court will develop and maintain written policies and procedures for the operation of the progral Information Sharing -- The applicant will submit a copy of any project evaluations, evaluation plans, recidivism studies, or related reports that are completed during the grant period to CJD. Jurisdiction - Provide the name of the court administering the Drug Court program (e.g., 999th Judicial District Court, Somewhere County Criminal Court, or City of Somewhere Municipal Court). If this has not been decided enter To Be Determined', or enter 'N /A' i item does not apply. N/A Drug Court Date - If the Drug Court has commenced operations, provide the date that this Drug Court was established. Enter the date [mm /dd /yyyy]: Drug Court Type • Adult - Programs serving adults (either pre - adjudication, post - adjudication, or reentry). • family - Programs serving parents who enter the drug court in relation to suits affecting the parent -child relationship, includin child welfare / CPS cases, child support cases, or other civil matters. • Juvenile - Programs serving juveniles (either pre - adjudication, post - adjudication, or reentry). Select the type of drug court that wirl be operated: Adult Family _ Juvenile X N/A Will the drug court accept DWI offenders? Select the appropriate response: _ Yes _ No X N/A Presiding Judge - The presiding judge of a drug court funded with Drug Court funds must be an active judge holding elective office master. Persons eligible for appointment may not be a former or retired judicial officer. Is the presiding judge of the drug court an ac judge holding elective office or a master? Select the appropriate response: _Yes _ No X N/A Enter the name of the Presiding Judge for the Drug Court. If this has not been decided enter' To Be Determined', or enter 'N/A' if tl item does not apply. N/A Enter the name of the Drug Court Coordinator. If this has not been decided enter 'To Be Determined', or enter 'N /A' if this item dog apply. N/A Note: The Drug Court Coordinator usually monitors the operation of the Drug Court, supervises Drug Court staff, participates in Drug Court judicial staff meetings, prepares and oversees Drug Court contracts with service providers, maintains data on Drug Court opera and communicates with legal staff, government officials, social service agencies, and the public regarding matters of the Drug Court. Has the drug court ever applied for federal funding? Select the appropriate response: _Yes _ No X N/A Has the drug court ever received federal funding? Select the appropriate response: _ Yes _ No X N/A If you selected Yes above, provide the federal award amount, grant period [mm /dd /yyyy to mm /dd /yyyy], and explain how OD func be used to support or expand the project and not replace existing funds. Enter the federal funding description: https: / /cj donline. governor. state. tx. us / Project /GrantPrintable Summary .aspx ?PrintCode= O &gh =CA -... 2/5/2008 eGrants - Project Summary (MAKE SURE YOU CLOSE THIS PAGE ! ! !) Page 8 of 20 Civil Rights Liaison A civil rights liaison who will serve as the grantee's civil rights point of contact and who will be responsible for ensuring that the grant meets all applicable civil rights requirements must be designated. The designee will act as the grantee's liaison in civil rights matters CJD and with the federal Office of Justice Programs. Enter the Name of the Civil Rights Liaison: Cynthia Garcia Enter the Address for the Civil Rights Liaison: P. 0. Box 9277 Corpus Christi, Texas 78469 Enter the Phone Number for the Civil Rights Liaison [(999) 999 - 9999]: 361 -880 -3300 Certification Each applicant agency will certify to the specific criteria detailed above under Program Requirements, 3uvenile 3ustice, Victim Assistance, and / or Drug Court Program Requirements to be eligible for funding in the State Criminal Justice (Fund 421) Progra Solicitations. X I certify to all of the above eligibility requirements. Problem Statement: Please provide a detailed account in the Problem Statement section of the existing issues your project will target. Enter your problem statement: CCPD CID needs to expand its capability to investigate and manage the compliance of current and future sex offenders through centralized research and tracking that provides real -time intelligence and follow -up enforcement. Problem 1: Data available to the CCPD CID relating to sex offender violations is backlogged and out -of -date. Sweeps of sex offenders are based on inaccurate data. Web -based and local databases associated with sex offenders are not kept up -to -date in a timely manner due to lack of personnel time. Problem 2: CID detectives are given the additional assignment of researching and investigating sex offenders suspected of compliance violations. These duties are added to already full caseloads. Research prior to the actual site -visit is timely and paper - intensive. Additionally, because the research for each sex offender is widely varied and usually specific only to that one case, it consumes even greater time. With cases already doubled by these additional assignments, efficiency and closure by CID detectives has been substantially diminished. Strengthen capabilities for thorough investigations within CID would increase the number of cases being investigated and the number of felony charges being filed at the District Attorney's Office. Supporting Data: Provide as much supporting data, to include baseline statistics and the sources of your data, which are pertinent to where the grant project is located and /or targeted. Do not use statewide data for a local problem or national data for a statewide problem. Enter your supporting data: This proposal presents a cost - effective approach for the Corpus Christi Police Department (CCPD) to address compliance violations of Chapter 62 of the Code of Criminal Procedure - the Sex Offenders Registration Program. Establishing a "Sex Offender Investigative Unit" (SOIU) within the CCPD Criminal Investigations Division (CID) boosts investigative efficiency and the management of both the research and reporting functions. The end result of this investment is that strengthened proactive enforcement will enhance our interdiction efforts of these documented violent offenders. This investment helps CCPD better assist the criminal justice system for the Coastal Bend region. Additionally, this investment addresses 5 of 17 "Community Objectives" of the "Nueces County Comprehensive Community Plan." History: In 2006, CCPD CID worked 196 Failure to Register cases involving sex offenders. Of these, approximately 10% were filed with the District Attorney's Office for prosecution. As of April 11, 2007, 683 sex offenders had registered residences within Corpus Christi. Additionally, a December 2006 compliance sweep of registered sex offenders revealed that 180 of those offenders were out of compliance (i.e. not registered to the address where the sex offender last reported s /he lived). Sex offender registrations have been ever - increasing since the 1990's. On September 1, 1991, the State of Texas began mandating registration of sex offenders with the adoption of Chapter 62 of the Code of Criminal Procedure: Sex Offenders Registration Program. This initial statute was restrictive, and only 11 offenders in the City of Corpus Christi were required to register with the CCPD. Over the years, the Texas Legislature expanded registration requirements. The number of sex offenders presently registered in the City grew to 683. Although the registration and expected follow -up and enforcement responsibilities grew steadily, the Texas Legislature never provided any additional funding for this mandate. CCPD's Uniform Division and CID has continuously restructured and reorganized existing personnel to meet State mandates; however, it is now clear that a new approach must be embraced. From 1991 to 2000, very few offenses of Failure to Comply with Registration as a Sex Offender were reported. However, in 2001 the increased caseload became apparent. The Web -based database and a focus on checking for compliance by Uniformed Division Patrol Officers soon began to overload the CID, the department ultimately responsible for filing sex offender compliance cases with the District Attorney's Office. The number of offenses reported in 2001 as Failure to Comply increased from 0 to 114. Since 2001, detectives within CID, already charged with full caseloads investigating serious crimes against persons, were charged with the added responsibility of tracking cases of Failure to Comply. These new cases nearly doubled each officer's investigative assignments. As shown in Table 1, the strain of these additional assignments has steadily increased over the years, from 114 cases https: / /cjdonline. governor .state.tx.us / Project /GrantPrin ?ableSun mary,aspx ?PrintCode= O &gh= CA -... 2/5/2008 auLs - riujuca 3uiuriary 3U/S_ T VU l..Li1�� 11116 Fatah !N) rage 9 o120 assigned in 2001 to a peak of 344 in 2005. In fact, by 2006, the average number of cases assigned annually over the last six years climbed to 227. Table 1: Statute CS ART.62.10 -- Failure to Comply -- 1991 -2006 Year 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 6 -YR AVG #Cases 0 0 2 0 1 3 12 7 46 33 114 224 258 226 344 196 227 Table 1 Notes: Source: CCPD, April 2007 1991 -2000 CCPD produced Information only reports on Failure to Comply cases. 2001 CCPD filed Failure to Comply cases into a records management system when warrants required the sex offenders to register. 2002 -2005 CCPD conducted 2 annual Failure to Comply sweeps. 2006 CCPD conducted 1 Failure to Comply sweep; all Failure to Comply cases are captured into a records management system. CCPD's Forensics Division has managed entries into the Web database and updates to the local sex offenders' registration database. As shown in Table 2, over just the last three years, the average number of sex offender cases that required registration was 647 per year. Of these cases, an average of 20% is prosecuted when the suspect is not a family member, and 80% is prosecuted when the suspect is a family member. In 2006, for example, with more stringent reporting requirements, the number of offenders reporting on a daily basis has grown, the number of offenders moving in and out of the area has grown, and the number of reports of local changes of addresses has grown. As these registration numbers have increased, so has the need to centralize and streamline maintenance and updating activities for these two databases. Yet, in 2006, only about 10% (or 20 felony cases) of the 196 Failure to Comply cases were filed with the District Attorney's Office for prosecution. Table 2: Sex Related Offenses in Corpus Christi Requiring Registration -- 2004 -2006 Year 2004 2005 2006 AVG #Cases 660 555 595 603 Table 2 Notes: Source: CCPD, April 2007 The numbers of offenses may be low as they may omit Indecent Exposure cases. Present: CCPD's CID has been attempting to keep up with the increased sex offenders' caseload by distributing cases throughout the division. A total of ten (10) detectives from the Property Crimes Bureau, Auto Theft Bureau, and Family Violence Bureau have been assigned these cases in addition to their normal caseload. In addition to the burden of nearly doubling each detective's caseload, scattered tracking of sex offender violations does not provide a centralized tracking mechanism for repeat offenders. CCPD's Forensics Division only provides a small portion of one employee's time to handle new sex offender registrations. That employee does not have adequate time to input subsequent updates into the local sex offenders' database or the Web database. In September, 2006, for example, dozens of reported sex offender cases had not been updated in the City's sex offender database. The database continued to be out -of -date when CCPD conducted its December 2006 City-wide compliance sweep. The backlog in updating the databases also creates continuous problems for detectives attempting to file cases on sex offenders. These databases must be maintained accurately and in a timely manner for ongoing investigations and for evidentiary reasons for trial purposes. Solution: Utilizing CJD 421 funds and a local match, CCPD proposes the addition of two civilian positions within the CID. Both employees would be 100% dedicated to supporting CID's cases related to sex offenders. First, a new Intelligence Analyst would conduct any necessary research on the history of out -of- compliance sex offenders. The Intelligence Analyst would also 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 all of them with assigned sex offender cases. The Intelligence Analyst would also coordinate with and oversee the work of a proposed Senior Staff Assistant to ensure responsible and consistent database management. Also, a Senior Staff Assistant position would be added to maintain the Web -based and local sex offender databases by streamlining accurate and timely entries and updates into those databases. Data entry would be made daily and with greater accuracy. The Senior Staff Assistant would also monitor and audit both databases monthly to ensure consistency and accuracy of information. Pulls of information from the databases would also become more efficient because of this employee's expertise. CID detectives would 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 would greatly enhance the department's efficiency and reduce the time required by each detective to close and file a case. Cutting deskwork time associated with each investigation would also enable the detective more opportunity to work directly with the District Attorney's Office to focus on active and repeat offenders. Additionally, because of the support from the new SOIU, the detective would be better prepared to handle any future cases added should the City create safety zones prohibiting sex offenders in certain locations of the City. Summary of Costs: The total grant amounts to $87,478. With $65,914 in new support from OD 421 funds, CCPD will implement a SOIU within its CID. This unit will consist of 2 full -time employees: an Intelligence Analyst and a Senior Staff Assistant. These two positions will be fully funded through the CD) 421 grant. The grant - funded portion represents approximately 75% of the total grant. CCPD will draw upon its Law Enforcement Trust Fund and the General Fund to provide $21,564 for the local match of approximately 25% of the grant. That match includes 1 purchased unmarked auto, 2 leased computers, 1 cellular phone, 2 desks and chairs, fuel and vehicle maintenance, and office supplies. Community Plan: For projects that have a local or regional impact target area, provide information regarding the community plan need(s) that your project willl address. Enter your community planning needs: The CCPD actively participated in the development of the "Nueces County Comprehensive Community Plan" and is committed to its full implementation. By combining existing resources within the CCPD with a new SOIU, implementation of this CJD 421 proposal would correlate with five of the 17 "Community Objectives" stated in Section IIA of the Community Plan. Specifically, implementation of a SOIU within CCPD's existing CID helps: a) Reduce violent crime on a long -term basis by promoting prevention and intervention strategies; b) Enforce current laws and modify legislation to reflect public safety concerns; c) Provide appropriate punishment and rehabilitation of offenders through a swift, creative, and responsive justice system for first -time and habitual offenders; d) Reduce incidence of child abuse, neglect, sexual abuse, and exploitation; and e) Fully utilize and enhance existing community resources through collaborative planning and funding efforts. The SOIU is an innovative and cost - effective supplement to the existing resources of the CCPD that supports law enforcement and community policing and the criminal justice system in order to build a safer community for the citizens of Corpus Christi and Nueces County. Goal Statement: Provide a brief description of the overall goals and objectives for this project. Enter a description for the overall goals and objectives: The "Goals and Objectives" of CCPD's SOIU are: Goal 1 Increase the overall efficiency of the CCPD's management of sex offenders by centralizing responsibility for sex offender follow -up compliance activities and investigations. Objective A Conduct at a minimum one annual compliance check of all known sex offenders. Objective B Assign 150 outstanding sex offender cases that are not currently assigned. Objective C Assign new sex offender cases (estimated at an average rate of 20 cases per month) on a real -time basis, thus preventing future sex offender case backlogs. Goal 2 Significantly increase the capacity of CCPD to investigate and https: / /cjdonline.governor. state. tx. us / Project/ GrantPzin ?abeSummary.aspx ?PrintCade= O &gh =CA -... 2/5/2008 eurants - rroject summary kMA 1U, S UKt Y UU C;LUSE l HIS PAGE ! ! !) Page 10 of 20 subsequently file sex offender compliancy violation cases with the District Attorney's Office. Objective A Increase the number of sex offender compliancy Failure to File cases investigated (estimated to increase by 25% from 196 cases currently investigated to approximately 245 cases during the grant period). Objective B Increase the number of sex offender compliancy felony cases filed with the District Attorney's Office [from 10% of the cases currently investigated (approximately 20 felony cases are currently Fled) to 25% of those cases anticipated to be investigated (anticipated to be 61 felony cases filed) during the grant period]. Cooperative Working Agreement (CWA): When a grantee intends to carry out a grant project through cooperating or participating with one or more outside organizations, the grantee must obtain authorized approval signatures on the cooperative working agreement (CWA) from each participating organization. Grantees must maintain on file a signed copy of all cooperative working agreements, and they must submit to CD a list of each participating organization and a description of the purpose of each CWA. Cooperative working agreements do not involve an exchange of funds. For this project, provide the name of the participating organization(s) and a brief description of the purpose(s) for the CWA(s). You should only provide information here that this project's successful operation is contingent on for the named service or participation from the outside organization. Note: A Sample CWA is available here for your convenience. Enter your cooperating working agreement(s): not applicable Continuation Projects: For continuation projects only, if your current or previous year's project is NOT on schedule in accomplishing the stated objectives, briefly describe the major obstacles preventing your organization from successfully reaching the project objectives as stated within your previous grant application. (Data may be calculated on a pro -rated basis depending on how long the current or previous year's project has been operating.) Enter your current grant's progress: not applicable Project Summary: Briefly summarize the entire application, including the project's problem statement, supporting data, goal, target group, activities, and objectives. Be sure that the summary is easy to understand by a person not familiar with your project and that you are confident and comfortable with the information if it were to be released under a public information request. Enter your summary statement for this project: With the addition of two full -time civilian employees -- an Investigative Analyst and a Senior Staff Assistant — the Criminal Investigation Division of the Corpus Christi Police Department would significantly boost efficiency in researching, tracking, and investigating sex offender compliance issues and greatly improve its capacity to handle future caseloads and file cases with the District Attorney's Office. Tracking and research functions would be centralized, while on -site and follow -up investigations would continue to be handled by CID detectives. Support of the District Attorney's Office targeting active and repeat offenders would be significantly strengthened. Management of the Web -based and local sex offender databases would 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. Five of the 17 Objectives of the Community Plan would be addressed. In summary, the capacity of CCPD to proactively handle sex offender enforcement actions and file felony cases would make the Coastal Bend region a safer place for its families and citizens. Project Activities Information Introduction The Project Activities section of the application gathers information about the type of activities your project will incorporate. Click on the Save and Continue button at any time to save the information entered on this page. If you do not click on this button and navigate away from the page, your work will be lost. When you click the Save and Continue button, you may receive several error messages that instruct you to complete the required fields. Your data on any given tab will not save to the system until all required fields are complete and correct. In addition, you have a 2 -hour time limit for each tab where you will need to complete the information correctly and then click the Save and Continue button. There is a timestamp in the upper -right hand corner of the page that notes when you first clicked on the tab. From that point, you have 2 hours to complete the information on that tab correctly. If you do not complete the information correctly (for the required fields) and then you click on the Save and Continue button, you will be redirected to the eGrants Home Page. If this happens, your data will not be saved in the system. You may also choose to compose a message on this page for CID to review. This can be done by typing in the Notes By Grantee / CID message box. Getting Started On this tab you will notice certain icons that are displayed. nn https: / /cj donline. governor, state. tx. us / Project /GrantPrint9leSummary. aspx ?PrintCode= 0 &gh= CA -... 2/5/2008 eGrants - Project Summary (MAKE SURE YOU CLOSE THIS PAGE ! ! !) Page 11 of 20 • ‘ = a pencil icon - click on this icon to edit your selections. • k. = a pencil icon with a red slash through it - click on this icon to cancel your edits, • X = a red delete icon - click on this icon to delete the item. • 2 = a diskette icon - click on this icon to save your work. When this icon appears, it is your queue to save the item that you are working on otherwise, your data will be lost. • 0 = an information icon - this help icon is next to certain items that may need further explanation. Simply click and review the information provided in the pop up window. Reserved This section left intentionally blank. Selected Project Activities: ACTIVITY PERCENTAGE: DESCRIPTION Investigation 100.00 SOIU activities funded two new civilian employees. The Mgt Asst activities include: conduct necessary research on histories of out -of- compliance sex offenders; originate and manage paperwork associated with each sex offender case; coordinate with and oversee work of the Senior Staff Asst to ensure responsible and consistent database management. The Senior Staff Asst activities include: maintenance of Web -based and local sex offender databases by streamlining accurate and timely entries and updates; performing daily data entry; monitor and audit both databases monthly to ensure consistency and accuracy of information; extract information as needed from databases. Geographic Area: CCPD's SOIU will serve the City of Corpus Christi and Nueces County, Texas, and will positively impact citizens throughout the Coastal Bend by its increased ability to conduct thorough and timely investigations of sex offenders who are identified as Failure to Comply cases, and by its increased ability to refer solid felony cases for prosecution to the District Attorney's Office. Target Audience: All citizens of Corpus Christi and Nueces County will directly benefit from the implementation of a CCPD CID SOIU that includes two civilian employees supporting the work of CID detectives investigating and subsequently filing sex offender compliancy cases. Gender: The SOIU will serve men, women and children of both genders as anyone could become the target of a sex offender at any time. Ages: The SOIU will serve men, women and children of all ages as anyone of any age could become the target of a sex offender at any time. Special Characteristics: Thorough and increased capacity to investigate Failure to Comply sex offender cases by CCPD CID would result in an increased number of investigations being handled and in an increased number of felony cases being filed for prosecution at the District Attorney's Office. These results give all citizens better law enforcement and follow - through, and strengthen the region's ability to hold criminals directly responsible for their actions and transgressions. The end result is that the Coastal Bend becomes a safer place to live, work, and raise families. Measures Information Introduction The Project Measures section of the application collects data to track the performance of your proposed project toward its stated objectives. Output measures demonstrate the level of activity of a project. Outcome measures demonstrate the impact of a project in a targeted area, reflecting the extent to which the goals and objectives of the project have been achieved. Output and outcome measures displayed on this page correspond to activities selected or created on the Activities page. Click on the Save and Continue button at any time to save the information entered on this page. If you do not click on this button and navigate away from the page, your work will be lost. When you click the Save and Continue button, you may receive several error messages that instruct you to complete the required fields. Your data on any given tab will not save to the system until all required fields are complete and correct. http s J/c j donline.governor.state.tx. us/ Project /GrantPrintableSummary. aspx ?PrintCode= 0 &gh= CA -... 2/5/2008 eGrants - Project Summary (MAKE SURE YOU CLOSE THIS PAGE !!!) Page 12 of 20 In addition, you have a 2 -hour time limit for each tab where you will need to complete the information correctly and then click the Save and Continue button. There is a timestamp in the upper -right hand corner of the page that notes when you first clicked on the tab. From that point, you have 2 hours to complete the information on that tab correctly. If you do not complete the information correctly (for the required fields) and then you click on the Save and Continue button, you will be redirected to the eGrants Home Page. If this happens, your data will not be saved in the system. You may also choose to compose a message on this page for OD to review. This can be done by typing in the Notes By Grantee / C)D message box. Getting Started On this tab you will notice certain icons that are displayed. • = a pencil icon - click on this icon to edit your selections. • = a pencil icon with a red slash through it - click on this icon to cancel your edits. • H = a diskette icon - click on this icon to save your work. When this icon appears, it is your queue to save the item that you are working on; otherwise, your data will be lost. • ` = an information icon - this help icon is next to certain items that may need further explanation. Simply click and review the information provided in the pop up window. Reserved This section left intentionally blank. Objective Output Measures O OUTPUT MEASURE CURRENT DATA TARGET LEVEL Number of arrests made. 0 0 Number of cases investigated. 196 245 Number of cases referred for prosecution. 0 0 Number of cash seizures. 0 0 Number of incident reports. 0 0 Number of individuals arrested for felony offenses that can be attributed to gang- related organized or violent crime. 0 0 Number of individuals arrested for felony offenses. 0 0 Number of illegal storage units closed. 0 0 Number of weapons seized. 0 0 Custom Objective Output Measures CUSTOM OUTPUT MEASURE CURRENT DATA TARGET LEVEL Objective Outcome Measures OUTCOME MEASURE CURRENT DATA TARGET LEVEL Number of felony charges filed. 20 61 Number of felony convictions. 0 0 Number of multi - agency operations conducted. 0 0 Value of cash forfeitures (in dollars). 0 0 hops: / /cjdonline.governor. state. tx. us /Profect/GrantPrin aileSummary .aspx ?PrintCode= 0 &gh= CA -... 2/5/2008 Percent of reduction in drug activity. Percent of reduction in drug transactions. Percent of reduction in violent crime. Custom Objective Outcome Measures THIS PAGE 11!) Page 13 of 20 Documents Information Introduction The Supporting Documentation section of the application contains general grantee requirements. Please s appropriate responses in the areas below. elect or enter the Click on the Save and Continue button at any time to save the information entered on this page. If you do and navigate away from the page, your work will be lost. When you click the Save and Continue button, you may error messages that instruct you to complete the required fields. Your data on any not click on this button required fields are complete and correct. y given tab will not save to the system aunt several In addition, you have a 2 -hour time limit for each tab where you will need to complete the information correctly Save and Continue button. There is a timestamp in corner of the page that the tab. From that point, you have 2 hours to complete hthinformation aon that tab correctly. If you do not complete r t clicked ati correctly (for the required fields) and then you click on the Save and Continue button Page. If this happens, your data will not be saved in the system. You may also choose to compose a message on this the information review. This can be done by typing ,you will be redirected to the eGrants Home Y yping in the Notes By Grantee / CM message box. 9 on this page for CJD to Getting Started On this tab you will notice a certain icon that is displayed. = an information icon - this help icon is next to certain items that may need further the information provided in the pop up window, explanation. Simply click and review Certification and Assurances Each applicant must click on this link to review the standard Certification and Assurances. Resolution from Governing Body Except for state agencies, each applicant must provide information related to the resolution lution from its overn' council, county commissioners' court, school board, or board of directors. Please ensure that the resolution a body addresses items one through four below, g +n9 body, such as the city PP rov ed by your governi 1• Authorization by your governing body for the submission of the application to CJD that clearly identifies which funding is requested; 2. A commitment to provide all applicable matching funds; the name of the proje w 3. A designation of the name and /or title of an authorized official who is given the authority to apply for, accept, reject, alter, or grant a grant (Note: If a name is provided, you must update CJD should the official change during the ra nt period.); anc 4. A written assurance that, in the event of loss or misuse of grant funds, the governing body will return all funds Upon approval from your agency's governing body, upload the a roved resolution to eGrants by clickin on located i the ea n the Summary tab. 9 the Upload Files sub -ta hops: / /cjdonIine. governor .state.tx.us /Project/GrantPrin agleSummary, aspx ?PrintCo = — de 0 &gh —CA_ 2/5/2008 eCTrants - Project iurnmary tivi ❑ Contract Compliance Will CJD grant funds be used to support any contracts for professional services? Select the Appropriate Response: Yes X No For applicant agencies that selected Yes above, describe how you will monitor the activities of the sub- contractor(s) for compliance v the contract provisions (including equipment purchases), deliverables, and all applicable statutes, rules, regulations, and guidelines governing this project. Enter a description for monitoring contract compliance: Lobbying For applicant agencies requesting grant funds in excess of $100,000, have any federally appropriated funds been paid or will be paid any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or empl of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any fec grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant loan, or cooperative agreement? Note: Pursuant to Texas Government Code §556.005, a political subdivision or private entity that receives state funds may not use ti funds to pay a person required to register as a lobbyist or for lobbying expenses. A political subdivision or private entity that violates provision is not eligible to receive additional state funds. Select the Appropriate Response: _Yes _ No X N/A For applicant agencies that selected either No or N/A above, have any non - federal funds been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congre connection with this federal contract, loan, or cooperative agreement? Select the Appropriate Reponse: _Yes X No N/A Fiscal Year Provide the begin and end date for the applicant agency's fiscal year (e.g., 09 /01 /20xx to 08/31/20xx). Enter the Begin Date [mm /dd /yyyy]: 8/1/2008 Enter the End Date [mm /dd /yyyy]: 7/31/2009 Sources of Financial Support Each applicant must provide the amount of grant funds expended during the most recently completed fiscal year for the following soy. Enter the amount ($) of Federal Grant Funds: 11125838 Enter the amount ($) of State Grant Funds: 0 Single Audit Has the applicant agency expended federal grant funding of $500,000 or more, or state grant funding of $500,000 or more during thi most recently completed fiscal year? Select the Appropriate Response: X Yes No hops: / /cjdonline.governon state. tx. us / Project /GrantPrin ableSumrnary .aspx ?PrintCode- 0 &gh= CA -... 2/5/2008 IRIS PAGE Hi) Page 15 of 20 Note: Applicants who expend less than $500,000 in federal grant funding or less than $500, 000 in state grant the 5ing/e Audit Act and cannot charge audit costs to a CJd grant. However, CID may require a limited sco Circular e Aux audit as are exempt in fB scope audit as defined in OM6 Applicant accordance that organization's r single audit ' performed by an indeper ad for (in ith the Single Audit Act Amendments of 199 6 and OB Circular A-133) . Equal Employment Opportunity Plan (EEOP) Type I Enti : Defined as an applicant that meets one or more of the following criteria: • the applicant has less than 50 employees; • the applicant is a non - profit organization; • the applicant is a medical institution; • the applicant is an Indian tribe; • the applicant is an educational institution, or • the applicant is receiving a single award of less than $25,000. Re firemen s for a T el En it : • The applicant is not required to prepare an ESOP because it is a T • vi the applicant will comply with applicable federal civil rights laws that prohibit discrimination in emplo ment services. Type I Entity as defined above, pursuant oy a to 2 and CFR 42.elix; and Y and in the delivery of Tyke II Enr;ry: Defined as an applicant.that meets the following criteria: • the applicant has 50 or more employees, and • the applicant is receiving a single award of $25,000 or more, but less than $500,000. Re uirements for T e II nit : Federal law requires a Type II Entity to formulate an EEOp and keep it o • The applicant agency is required to formulate an EEOP in accordance with 28 CFR 42.301, et se q., on file. • the EEOP is required to be formulated and signed into effect within the past two years by the proper authori • the EEOP is available for review by the public and employees or for review or audit by officials of CD,,CJD's ' Civil Rights, Office of Justice Programs, U.S. Department of Justice, as required by relevant laws and regulations; ty, • vie; anapplicant will comply with applicable federal civil rights laws that prohibit discrimination in employment designee, or the Office services; and • the EEOp is required to be on file in the office of (enter the name and address where the EEOP is filed below and in the delivery of Enter the name of the person responsible for the EEOP and the address of the office where the EEOP is filed: } Cynthia Garcia, City of Corpus Christi, P. 0. Box 9277, Corpus christi, Texas 78469 7 e I I Enti : Defined as an applicant that is NOT a Type I or Type II Entity. Re uirements for a T e III Enti : Federal law requires a Type III Entity to formulate an EEOP and Civil Rights, Office of Justice Programs, U.S. Department of Justice. submit it for approval to the Wit/ • The EEOP is required to be formulated and signed into effect within the past two years by the proper autho • the EEOP has been submitted to the Office of Civil Rights (OCR), Office of Justice Programs, U.S. Department approved by the OCR, or it will be submitted to the OCR for authority; regulations; and approval upon award of the grant, as required by relevant laws and as b€ • vi the applicant will comply with applicable federal civil rights laws that prohibit discrimination in employment service. Y and in the delivery of Based on the definitions and requirements above, the applicant agency certifies to the following entity Select the appropriate response. Type I Entity Y type: X Type II Entity Type III Entity Debarment Each applicant agency will certify that it and its principles: • Are not presently debarred, suspended State or Federal Court, or voluntarily excluded from participation in this transaction by any federal department proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a • Have not within a three -year period preceding this application been convicted of or had a civil judgment rev commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, r rendered against them for https: / /cjdon}ine. governor. state. tx .us/Project/GrantPrinableSulnl� p c (federal, state, or �' px . PrintCode= O &gh= CA -... 2/5/2008 eGrants - Project Summary (MAKE SURE YOU ULUSt iMI6 rAut :::) 1 asp local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlemer theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; or • Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses unumerated in section 1.2(a) in the Certification and Assurances document cited above in the Introduction; and have not within a three -year period preceding this application had one or more public transactions (federal, state. local) terminated for cause or default. Select the appropriate response: X I Certify _ Unable to Certify If you selected Unable to Certify above, please provide an explanation as to why the applicant agency cannot certify the statement! Enter the debarment justification: Fiscal Capability Information Introduction This Fiscal Capability section of the application collects information from nonprofit corporations applying for CJD grant funds. Note: If you are NOT a nonprofit corporation, this information is not applicable; therefore, the 'Printer Friendly' version will be blank for all information collected in the Fiscal Capability section. Click on the Save and Continue button at any time to save the information entered on this page. If you do not click on this button and navigate away from the page, your work will be lost. When you click the Save and Continue button, you may receive several error messages that instruct you to complete the required fields. Your data on any given tab will not save to the system until all required fields are complete and correct. In addition, you have a 2 -hour time limit for each tab where you will need to complete the information correctly and then click the Save and Continue button. There is a timestamp in the upper -right hand corner of the page that notes when you first clicked on the tab. From that point, you have 2 hours to complete the information on that tab correctly. If you do not complete the information correctly (for the required fields) and then you click on the Save and Continue button, you will be redirected to the eGrants Home Page. If this happens, your data will not be saved in the system. You may also choose to compose a message on this page for CJD to review. This can be done by typing in the Notes By Grantee / CJD message box. Organizational Information Enter the Year in which the Corporation was Founded: Enter the Date that the IRS Letter Granted 501(c)(3) Tax Exemption Status: Enter the Employer Identification Number Assigned by the IRS: Enter the Charter Number assigned by the Texas Secretary of State: Accounting System The grantee organization must incorporate an accounting system that will track direct and indirect costs for the organization (general ledger) as well as direct and indirect costs by project (project ledger). The grantee must establish a time and effort system to track personnel costs by project. This should be reported on an hourly basis, or in increments of an hour. Is there a list of your organization's accounts identified by a specific number (i.e., a general ledger of accounts). Select the appropriate response: _ Yes No http s : / /cj donline. governor. state.tx.us/Proj ect/GrantPrintableSummary. aspx ?PrintCode— O &gh= CA -... 2/5/2008 _ -�- �1•� I Cit.) ULUSE THIS PAGE !!!) Does the accounting system include a project ledger to record expenditures for each P Page 1 � of 20 Select the appropriate response: _ Yes Program by required budget cost categories? _ No a there Is the timekeeping system that allows for grant personnel to identify activity and requires signatures b Is hrei a t Select the appropriate response: by the employee and his or _ Yes _ No I answered ewere to any question above in the Accounting System section, in the space provided below taken to ken ensure accountability. Enter your explanation; explain what action will be Financial Capability Grant agencies should prepare annual financial statements. At a minimum, current internal balance sheet and required. A balance sheet is a statement of financial position for a grant agency disclosing assets, liabilities, and r stained earnings at given point in time. An income statement is a summary of revenue and expenses for a grant agency during finc l e statements are Has the grant agency undergone an independent audit? 9 fiscal year. Select the appropriate response: _ Yes _ No Does the organization prepare financial statements at least annually? Select the appropriate response: _ Yes _ No According to the organization's most recent Audit or Balance Sheet, are the current total assets greater than Select the appropriate response: _ Yes the liabilities? _ No If taken you selected 'No' to any question above under the Financial Capability section, in the space provided below taken s ensure ao' to any qty, Enter your explanation: explain what action will Budgetary Controls Grant agencies should establish a system to track expenditures against budget and / or funded amounts. Are there budgetary controls in effect (e.g., comparison of budget with actual expenditures on a monthly basis) Are teebinexcessof: Y s) to include drawing dc a) Total funds authorized on the Statement of Grant Award? _ Yes _ No b) Total funds available for any budget category as stipulated on the Statement of Grant Award? _ Yes _ No If you selected to 'No' ensure any question ybove under the Budgetary Controls section, in the space provided below If will y u tel et to No' o any question Enter your explanation: please explain what act Internal Controls Grant agencies must safeguard cash receipts, disbursements, and ensure a segregation of duties exist. For e not have authorization to sign checks and make deposits. xamAle, one person shoe Are accounting entries supported by appropriate documentation (e.g., purchase orders, vouchers, receipts, in Select the appropriate response: _ Yes A voices }, _ No https:/ /cjdoniine.governor.statc.tx.us/ Project/ GrantPnntab7leSurrunazy .aspx ?PrintCo de = 0 &gh= CA -... 2/5/200$ eGrants - Project Summary (MAKE SUKh Y UU Inca rriLrr :::) Is there separation of responsibility in the receipt, payment, and recording of costs? Select the appropriate response: Yes r_ No If you selected 'No' to any question above under the Internal Controls section, in the space provided below please explain what actior be taken to ensure accountability. Enter your explanation: Budget Details Information Introduction This Budget section of your application details budget line items for your proposed project. To create a new budget line item, click on the icon in the New Budget Item column. You will be directed to a different area on this page to make selections specific to the budget category. After making your selection, write a brief description of the line Item in the Expenditure Description box and enter the amount of OD funds, Cash Match, and if applicable, In Kind Match in the areas provided. In the percentage box, you can enter a percentage for Personnel or number of items to be purchased for Supplies and /or Equipment. When you have finished, click on the Add New Budget Line Item button. Repeat this process for each budget line item needed in each budget category. If you need to edit your entries, click on the ' +' icon to expand the budget grid. You will notice that a pencil icon will display after expanding the grid. Click on the pencil icon to be directed to the editing section on this page and follow the instructions in this area to complete your edits. Click on the Save and Continue button at any time to save the information entered on this page. If you do not click on this button and navigate away from the page, your work will be lost. When you click the Save and Continue button, you may receive several error messages that instruct you to complete the required fields. Your data on any given tab will not save to the system until all required fields are complete and correct. In addition, you have a 2 -hour time limit for each tab where you will need to complete the information correctly and then click the Save and Continue button. There is a timestamp in the upper -right hand corner of the page that notes when you first clicked on the tab. From that point, you have 2 hours to complete the information on that tab correctly. If you do not complete the information correctly (for the required fields) and then you click on the Save and Continue button, you will be redirected to the eGrants Home Page. If this happens, your data will not be saved in the system. You may also choose to compose a message on this page for COD to review. This can be done by typing in the Notes By Grantee / C]D message box. Getting Started On this tab you will notice certain icons that are displayed. • J = a plus icon - click on this icon to expand a list of items. • .J = a minus icon -- click on this icon to collapse a list of items. • = a new icon - click on this icon to add a new item. • = a pencil icon - click on this icon to edit your selections. • 0 = an information icon - this help icon is next to certain items that may need further explanation. Simply click and review the information provided in the pop up window. Budget Information by Budget Line Item: CATEGORY SUB CATEGORY Personnel Analyst Supplies and Direct Operating Expenses Cellular, Fax, Pager, and /or Office Telephone DESCRIPTION Management Assistant 100% FTE, fringe benefits to include retirement and insurance Cellular phone and airtime at $50 /mo Senior Staff Assistant - C]D $41,549.00 $0.00 CASH MATCH $0.o0 $600.00 IN- KIND MATCH $0.00 $0.00 GPI $0.00 $0.00 TOTAL $41,549.00 $600.00 UNIT/We 100 0 https : / /cj donline. governor. state.tx.us/Proj ect/ GrantPriAlleSummary .aspx ?PrintCode= O &gh= CA -... 2/5/2008 eGrants - Project Summary (MAKE SURE YOU CLOSE THIS PAGE ! ! !} Personnel Clerk 100% FTE, includes salary and fringe benefits (retirement and insurance) $25,665.00 Supplies and Direct Operating Expenses Presentation and /or Training Supplies Office Supplies such as paper, postage, pens, pencils, etc $0.00 $1,00 Supplies and Direct Operating Expenses Supplies and Direct Operating Expenses Public Notice, and /or Job Posting Vehicle Operating Cost (e.g., fuel, lubricants, maintenance, storgage) Computer Lease at $61 x 12 x 2; the city only leases computers. Fuel and maintenance on vehicle $0.00 $0.00 $1,46 $2,500 Source of Match Information Introduction Page 19 of 20 LOO $0.00 $0.00 $25,665.00 100 L00 $0.00 $0.00 $1,000.00 0 .00 $0.00 $0,00 $1,464.00 0 .00 $0.00 $0.00 $2,500.00 0 The Source of Match section of your application collects information regarding the source and amount of Cash Match and In Kind Match. Please enter the description and amounts of match in the spaces provided below and select whether the item is 'Cash Match' or 'In -Kind Match'. After entering an item click on the Add New Item button. When an item has been added, it will appear in the 'Edit the Source(s) of Match Reported' table. You may edit each of the items added to this table by clicking on the 'pencil' icon. If you edited an item in the table, click on the 'diskette' icon to save your edited entries. For further information regarding matching funds refer to 1 TAC, §3.3; for program income refer to 1 TAC, §3.73 and §3.87. Click on the Save and Continue button at any time to save the information entered on this page. If you do not click on this button and navigate away from the page, your work will be lost. When you click the Save and Continue button, you may receive several error messages that instruct you to complete the required fields. Your data on any given tab will not save to the system until all required fields are complete and correct. In addition, you have a 2 -hour time limit for each tab where you will need to complete the information correctly and then click the Save and Continue button. There is a timestamp in the upper -right hand corner of the page that notes when you first clicked on the tab. From that point, you have 2 hours to complete the information on that tab correctly. If you do not complete the information correctly (for the required fields) and then you click on the Save and Continue button, you will be redirected to the eGrants Home Page. If this happens, your data will not be saved in the system. You may also choose to compose a message on this page for OD to review. This can be done by typing in the Notes By Grantee / CID message box. Getting Started On this tab you will notice certain icons that are displayed. • = a pencil icon - click on this icon to edit your selections. • 6 = an information icon - this help icon is next to certain items that may need further explanation. Simply click and review the information provided in the pop up window. Detail Source of Match /GPI: DESCRIPTION City General Fund MATCH TYPE AMOUNT Cash Match $5,564.00 https: / /cjdonline. governor .state.tx.us /Project/GrantPrin aiileSummary .aspx ?PrintCode= O &gh= CA -... 2/5/2008 eGrants - Project Summary (MAKE SURE YOU CLOSE THIS PAGE 1!!) Summary Source of Match /GPI: Page 20 of 20 Total Report Cash Match r In Kind GPI Federal Share GPI State Share $5,564.00 $5,564.00 $0.00 $0.00 $0.00 Budget Summary Information Budget Summary Information by Budget Category: CATEGORY C]D CASH MATCH IN -KIND MATCH GPI TOTAL Personnel $67,214.00 $0.00 $0.00 $0.00 $67,214.00 Supplies and Direct Operating Expenses $0.00 $5,564.00 $0.00 $0.00 $5,564.00 Budget Grand Total Information: C]D CASH MATCH IN -KIND MATCH GPI TOTAL $67,214.00 $5,564.00 $0.00 $0.00 $72,778.00 Condition Of Fundings Information DESCRIPTION CREATED MET HOLD FUND You are logged in as User Name: peldridge https: / /cj donline. governor. state. tx. us / Project/ GrantPrintkeSurnmary .aspx ?PrintCode= 0 &gh= CA -... 2/5/2008 RESOLUTION AUTHORIZING THE SUBMISSION OF A GRANT APPLICA IN THE AMOUNT OF $67,214 TO THE STATE OF TEXA N OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION FOR YEAR 2 FUNDING OF A SEX OFFENDER INVESTIGATIVE UNIT GRANT IN THE POLICE DEPARTMENT WITH A CITY MATCH OF $5,564, FOR A TOTAL GRANT APPLICATION O F $72,778 AND AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO APPLY FOR, ACCEP REJECT, ALTER OR TERMINATE THE GRANT. T' BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY TEXAS: TY OF CORPUS SECTION 1. The City Manager, or his designee, is authorized to application in the amount of $67,214 to the State of Texas, of a grant Criminal Justice Division for first year funding of a Sex � �� of the Governor, in the Police Department with a City match of $5,564, for total grant application Unit Grant $72,778 and is authorized to apply for, accept, reject, alter or terminate app #cation of SECTION 2. In the event of the loss or misuse of the rminate the grant, Christi assures that the funds will be retumed, in full, to the State o City of Corpus Governor, Criminal Justice Division- of Texas, Office of the ATTEST: Armando Chapa City Secretary APPROVED: 4rrra 2008. By: 1 Joseph ' mey Assistant City Attorney For City Attorney Resn- grant- SexOFFender2.doc THE CITY OF CORPUS CHRISTI Henry Garrett Mayor Corpus Christi, Texas of , 2008 The above resolution 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 Reso- grant- SexOffender2.doc -42- 2 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 02/26/2008 AGENDA ITEM: Resolution authorizing the submission of a grant application in the amount of $67,000 to the State of Texas, Texas Alcoholic Beverage Commission for the funding of overtime to enforce underage drinking laws, to prevent youth access to and illegal use of alcohol, and provide for an educational program with a City cash match of $25,154, in -kind contribution of $746, for a total project cost of $92,900, and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. ISSUE: The problem of underage possession and consumption of alcoholic beverages in the City of Corpus Christi has been and continues to be of significant concem in the community. The program will address this problem and enhance the enforcement of underage drinking laws. REQUIRED COUNCIL ACTION: Approval to submit the grant application. FUNDING: Year Three of the funding provides for 1000 overtime enforcement hours for officers to enforce the underage drinking laws, The Law Enforcement Trust Fund provides $25,154 for fringe benefits, confidential funds, and other costs for the education/prevention programs; in -kind contribution of $746 for fuel from the 1020 -11730 Special Services budget. A 25% project "match" either by cash contribution or the value equivalent of in -kind contributions is required. CONCLUSION AND RECOMMENDATION: Staff recommends approval to submit the grant application. Bryan P. Smith Chief of Police BACKGROUND INFORMATION TABC is offering continuation funding for projects with the goal of increasing the State's ability to effectively enforce underage drinking laws and to prevent youth access to and illegal use of alcohol. This years application continues to focus on the following components: • partnerships with multiple aspects of the community • partnerships with youth in planning and carrying out program activities • use of multiple fact -based strategies to reduce demand for and/or access to alcoholic beverages among underage youth in the impact area. • Underage drinking on and around college campuses Additionally each grant is asked to address one or more of the following: • Underage drinking in small towns or rural areas; and/or the • Underage drinking on and around college campuses Environmental approaches include efforts that seek to change policy; target enforcement efforts to identified problems; change the general attitudes of the public and retailers about underage drinking; and /or address retailer or other community -based practices encouraging underage drinking -to name a few. Funds will be provided to support Operation Graduation and other student activities, freshman orientation, printed literature, and other events. Area school districts have provided letters of support for the grant activities and each has a portion of funds to be provided to their district for either new programs or enhancement of existing programs. Texas A &M University is also a participant in an effort to address the on campus issues of underage drinking. Other partnerships within the grant are: • Youth Continuum of Care Coalition (YCCCC) • Corpus Christi Youth Advisory Committee • Intergovernmental Commission on Drug and Alcohol Abuse — serves as the venue for monthly reporting of grant activities • Commission on Children and Youth • Crime Stoppers — provides a "party hotline" The enforcement element consists of overtime officers working in conjunction with TABC in the following areas: • Target establishments suspected of a pattern of violations of state laws • Inform both establishments and minors of the consequences of illegal sales and purchases; • Prosecute those who illegally sell and purchase alcoholic beverages. • Promote a strong and consistent message concerning the consequences of underage drinking "MT �cxottouc BEVERAGE =1 - COIAIAISSION GRT- EUDL -2 (11/07) CFDA 16.727 EUDL Grant Application Enforcing the Underage Drinking Laws Block Grant Grant period June 1, 2005 -- May 31, 2009 Failure to comply with requirements may result in the withholding of funds, termination of the award, or other sanctions. Legal organization name (citylcounty govt, name City of Corpus Christi ORGA" I,7 ATIO^J 1^:FORI.IATIO* from articles of incorporation, etc.) Division/unit to administer project Police Department Address (Street) 1201 Leopard City, State, ZiP Corpus Christi, Texas 78401 P.O. Box & ZIP POBox 9277, 78469 County (headquarters) _ Nueces County population 321,457 State payee/Employer identification number 17460005741 House/Senate Districts of headquarters (see _ House district 34 www.house.state.tx.us v' w.senate.state.tx.us) Number of employees Full Time 650 Part time 35 Senate district 20 Is the organization affiliated with any other organization'? Yes ❑ * No If "yes," ATTACH an explanation. Official(s) authorized to apply for, accept, decline or cancel this grant, or request grant adjustments (Le., executive director, chairman, president, county judge, mayor, city mgr, asst. city mgr, school superintendent or designee of organization) George K. Noe, City Manager PROJECT INFORMATION Project Title (Must describe what project does. if a continuation grant, use same title as previous year.) Enforcing Underage Drinking Laws Project Director (Employee of applicant/contractor organization directly responsible for project) Bryan P. Smith, Chief of Police E-mail bryansl@cctexas.com Organization address (if different from above) _ 321 John Sartain City, State, ZIP Corpus Christi, Texas 78401 P.O. Box & ZIP POBox 9016, 78469 Phone - 361 - 886 -2604 Alternate phone 361- 896 - 2696 Fax 361 -886 -2607 if project has a local or regional impact, indicate the Regional Council where the organization's headquarters Is located. CBCOG Said a copy dells application to your COG. To find your COG, go to: Nate: Make sure TABC is on the 'list of comments" for your application. of Government (COG). Enter your Regional COG www.goyernor.state.tx.us/divisionsicid/cocis/view Applicant Identifier If project has a statewide impact, send copy of this application to: State's Single Point of Contact (SPOC) Texas Review and Comment System (TRACS) Governor's Office of Budget and Planning P,4. Box 12428 Atstin, TX 78711 FINANCIAL INFORMATION Flanclal Officer NamefTRie (i.e., CFO applicant organization, ex, auditor, treasurer, comptroller) ondy O'Brien, Director of Financial Services Enter date this application submitted to SPOC for TRACS review: 2126108 Is this a continuation grant? Yes ID • No If "yes," how many years funded? 2 E-mail cindyoetcctexas.com Adress (if different from above) PO. Box 9277 City, State, ZIP Corpus Christi, Texas 78469 Pone 361- 880 - 3613 Fax 361 - 880-3839 Date org. founded/incorporated 1852 Total revenue in the most recent 12 -month accounting period. $ Tied Funding Requested (as Gil - EUDL -3) on EUDL Project Narrative, = $92,900 Match = Total rendered an official identification, and allocation and address of agency providing Is applicant delinquent on state or federal debt? Yes ❑ ® No If "yes," ATTACH an explanation. Note: TABC will not award a grant to an applicant with a delinquency unless the applicant can show mitigating circumstances and TABC approves the circumstances. written opinion concerning the adequacy of the Yes ❑ ® No of costs under federal contracts grants? review, and ATTACH copy of the official opinion. $37,000 + $25,900 TBC Request + Grantee R Accounting System 7 Has any govemment agency accounting system for collection, a. If "yes," provide name —47— GRT -EUDL 2 (11/07) Page 2of7 Note: If the review occurred within the past three years, skip questions 2 - 9 of this section. SKIP Section B and go to Section C. 2. Which of the following best describes your accounting system? ❑ Manual ►i Automated ❑Combination 3. Does your organization use a double -entry system in accounting for project funds? Yes ® • No ■ N/A 4. Does your accounting system Identify the receipt and expenditures of project funds separately for each contract/grant? Yes All ❑ No ❑ N/A 6. Does your accounting system provide for the recording of expenditures for each grant contract by the component project and budget cost categories shown in the approved budget? Yes ® ❑ No ❑ N/A 6. Are time distribution records maintained for an employee when his/her efforts can be specifically identified to a particular cost objective? Yes ® ■ No ❑ WA 7. If your organization proposes an overhead rate, does the accounting system provide for the segregation of direct and indirect costs? Yes ® ❑ No ❑ N/A 8. Does your accounting/financial system include budgetary controls to preclude incurring obligations in excess of: a. Total funds available for the grant? b. Total funds available for a budget cost category (e.g., salaries, travel, etc.)? Yes ® ❑ No ❑ N/A Yes /'14 ❑ No ❑ WA 9. Is your organization generally familiar with existing regulations and guidelines containing the cost principles and procedures for the determination and allowance of costs in connection with awarded contracts/grants? Yes ® ❑ No ❑ N/A Section B: Fund Control 1. Is a separate bank account maintained for grant/contract funds? Yes ❑ ® No ❑ N/A 2. if grant/contract funds are commingled with organization funds, can the grant funds and related costs and expenditures be readily identified? Yes e..4 ❑ No ❑ N/A 3. Are the officials of this organization bonded? Yes ill ❑ No ❑ N/A Section C; Financial Statements 1. Has an independent certified public accountant (CPA) examined your frrancial statements? Yes ® ❑ No ❑ WA 2. ATTACHMENTS. If an independent CPA re view was performed, attach: a. a copy of their latest report b. any management letters Issued c. organization's responses to the report 3. If an independent CPA was engaged to perform a review and no report was issued, ATTACH a detailed explanation. 4. ATTACHMENTS. If an independent CPA has never examined your financial statements, please develop and submit copies, for the most current and previous year, of a. a detailed balance sheet b. a detailed income statement c. notes to the financial statements For Nonprofits Only All nonprofit corporations applying for TABC grant funds for the first time must complete this section, and ATTACH the most recent financial statements (as requested in the Accounting System and Financial Capability Questionnaire), with the application. Date IRS letter granted 501 (c)(3) tax exemption status. I ATTACHMENT. Attach the IRS 501 (c)(3) fetter. Charter Number assigned by the Texas Secretary of State. Date: Quote the purpose of the organization as stated in the Articles of Incorporation or the Bylaws. If any member of the board is related to another or an employee of the nonprofit corporation, explain the relationship. Certifications To the best of my knowledge, t certify that: • all information in this application Is true and correct; • the governing body of the applicant has duly authorized the application, and • I have read, understand, and agree to comply with the federal and state assurances as stated on Form GRT EUDL 2 pages 3 -6, the conditions for confidential funds as set forth In the effective edition of OJP's Financial Guide, and TABC rules (if awarded). Sign and initial in BLUE ink so original signatures can be distinguished from copies. George K. Noe, City Manager Typelprint Name and Tale of Authorized Official Authorized Signature Date % fl1 m JIJk IL uuq Page 3 OT 7 Federal Audits organizational funds during after the Assurances (Read and Initial in Blue Ink Part 1: Audit Certification—Annual Reporting Requirement of state and local units of government, institutions of higher education, and other nonprofit institutions must comply with the audit requirements of OMB circular A -133, which states that recipients who expend $500,000 or more of federal their fiscal year are required to submit an organization -wide financial and compliance audit report within nine months close of each fiscal year during the term of the award to the Federal Audit Clearinghouse. I certify: ® fl (initial one) The applicant agency currently expends federal funding of $500,000 or more and, therefore, is required to submit an annual single audit by an independent auditor made in accordance with the Single Audit Act Amendments of 1996 and OMB Circular A -133 . The applicant agency currently expends combined federal funding of less than $500,000 and therefore is exempt from the Single Audit Act and cannot charge audit costs to this grant. I understand, however, that TABC may require a limited scope audit as defined in OMB Circular A -1133. Part 11: Equal Employment Opportunity Plan (EEOP) Initial one to identify your type of organization. Type I ❑ Entity (Educational/medical /nonprofit institution/Native American Tribe --- certification required; EEOP NOT required.) I certify this organization is a Type I Entity. This entity will comply with the prohibitions against discrimination in any program or activity (28 CFR § 42.203), is not required to maintain an Equal Employment Opportunity Plan (EEOP), but will comply with equal employment opportunity program guidelines of the Department of Health and Human Services (28 CFR 42.302). I am unable to certify the above statement and have ATTACHED an explanation to this application. 1 Type 11 Entity (All other recipients receiving less than $25,000—certification required; EEOP NOT required.) 1 certify this organization is a Type II Entity. This entity will comply with the prohibitions against discrimination in any ❑ program or activity (28 CFR § 42.203), but is not required to maintain an EEOP (28 CFR42.301 et seq.). Type III must maintain Entity (All other recipients receiving more than $25,000, but not more than $500,000— certification required, organizations ESOP on file for possible audit if the organization has more than 50 employees.) I certify this organization is a Type ill Entity that employs less than 50 people. This entity will comply with the prohibitions against discrimination in any program or activity (28 CFR § 42.203), but is not required to maintain an EEOP (28 CFR 42.301 et seq.). I certify this organization is a Type III Entity that employs 50 or more people. This entity will comply with the prohibitions against discrimination in any program or activity (28 CFR § 42.203), and has formulated an equal employment opportunity program (28 CFR 42.301 et seq.), that is on file in the office , ■ (insert organization name have) Type IV organization Entity (For - profit entities and state and local governments receiving $500,000 — is or more certification required and must submit an EEOP to Office for Civil Rights for approval.) I certify this organization is a Type IV Entity. This entity will comply with the prohibitions against discrimination in any program or activity (28 CFR § 42.203), and has formulated an equal employment opportunity plan (28 CFR 42.301 et seq.), that will be submitted to the Office for Civil Rights, Office of Justice Programs, Department of Justice, for approval upon award of a grant. Part 111: Debarment Certification — Annual Reporting Requirement Of application is for federal funds in excess of $15,000) I certify by submission of this proposal, that neither the applicant agency nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. 1 am unable to certify the above statement and have ATTACHED an explanation to this application. II -49- GRT -EUDL 2 (11/07) Page 4 of 7 Federal Assurances (Read Only) Comprehensive Certification This certification is a material representation of fact upon which reliance was placed with the agency determined to award the grant. If it is later determined that the grantee knowingly rendered an erroneous certification, the agency, in addition to any other remedies available to the federal government, may take available action. If this application is for federal funds in excess of $100,000, 1 certify to the best of my knowledge and belief: 1 No 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 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 any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement; 2. If any nonfederal funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any 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 undersigned shall contact TABC or your local council of governments for the "Disclosure Form to Report Lobbying," and 3. The undersigned shall require that the language of this certification be included in the award documents for all sub - awards at all tiers and that all sub - recipients shall certify accordingly. If this application is for federal funds, I certify that to the best of my knowledge and belief: 1. The applicant certifies that it will provide a drug -free workplace by: A. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition. B. Establishing a drug -free awareness program to inform employees about: 1. the dangers of drug abuse in the workplace; 2. the applicant's policy of maintaining a drug free workplace; 3. any available drug counseling, rehabilitation, and employee assistance programs; and 4. the penalties that may be imposed upon employees for drug abuse violations. C. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (A). D. Notifying the employee in the statement required by paragraph (A) that, as a condition of employment under the grant, the employee will: 1. abide by the terms of the statement, and 2. notify the employer of any criminal drug statute conviction for a violation occurring in the workplace not later than five days after such conviction. E. Notifying the agency within 10 days after receiving notice under subparagraph (D)(2) from an employee or otherwise receiving actual notice of such conviction. F. Taking one of the following actions with respect to any employee who is so convicted: 1. taking appropriate personnel action against such an employee, up to and including termination; or 2. requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency. G. Making a good -faith effort to continue to maintain a drug -free workplace through the implementation of the above paragraphs (A), (B), (C), (D), (E), and (F). GRT -EUDL 2 (11107) Page 5 of 7 State Assurances (Read Onlj (Uniform Grant Management Standards. Governor's Moe of Budget & Planning, State Uniform Administrative Requirements for Grants and Cooperative Agreements.) in addition to federal requirements, state law requires a number of assurances from applicants for federal pass - through or other state - appropriated funds. These assurances are: 1. A grantee must comply with Texas Government Code, Chapter 573, by ensuring that no officer, employee, or member of the applicant's governing body or of the applicant's contractor shall vote or confirm the employment of any person related within the second degree of affinity or the third degree of consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of two years, or such other period stipulated by local law, prior to the election or appointment of the officer, employee, or governing body member related to such person in the prohibited degree. 2. A grantee must insure that all information collected, assembled or maintained by the applicant relative to a project will be available to the public during normal business hours in compliance with Texas Government Code, Chapter 552, unless otherwise expressly prohibited by law. 3. A grantee must comply with Texas Government Code, Chapter 551, which requires all regular, special or called meeting of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. 4. A grantee must comply with Section 231.006, Texas Family Code, which prohibits payments to a person who is in arrears on child support payments. 5. No health and human services agency or public safety or law enforcement agency may contract with or issue a license, certificate or permit to the owner, operator or administrator of a facility if the License, permit or certificate has been revoked by another health and human services agency or public safety or law enforcement agency. 6. A grantee that is a law enforcement agency regulated by Texas Government Code, Chapter 415, must be in compliance with all rules adopted by the Texas Commission on Law Enforcement Officer Standards and Education pursuant to Chapter 415, Texas Government Code or must provide the grantor agency with a certification from the Texas Commission on Law Enforcement Officer Standards and Education that the agency is in the process of achieving compliance with such rules. 7. When incorporated into a grant award or contract, standard assurances contained in the application package become terms or conditions for receipt of grant funds. Administering state agencies and local sub recipients shall maintain an appropriate contract administration system to insure that all terms, conditions, and specifications are met. 8. A grantee must comply with the Texas Family Code, Section 261.101 that requires reporting of all suspected cases of child abuse to local law enforcement authorities and to the Texas Department of Child Protective and Regulatory Services. Grantees shall also ensure that all program personnel are properly trained and aware of this requirement. 9. Grantees will comply with all federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681 -1683, and 1685 - 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps and the Americans With Disabilities Act of 1990; (d) the Age Discrimination Act of 1974, as amended (42 U.S.C. §§ 6101 - 6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd -3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. 10. Grantees will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. § § 276a to 276a -7), the Copeland Act (40 U.S.C. § § 276c and 18 U.S.C. § § 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. § § 327- 333), regarding labor standards for federally assisted construction sub agreements. GRT -EUDL 2 (11 AN) Page 6 of 7 11. Grantees will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970, which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchases. 12. Grantees will comply with the provisions of the Hatch Political Activity Act (5 U.S.C. § 7321 -29) which limit the political activity of employees whose principal employment activities are funded in whole or in part with federal funds. 13. Grantees will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act and the Intergovernmental Personnel Act of 1970, as applicable. 14. Grantees will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protections Agency's (EPA) list of Violating Facilities and that it will notify the federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA (EO 11738). 15. Grantees will comply with the flood insurance purchase requirements of 102(a) of the Flood Disaster Protection Act of 1973, which requires the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any federal financial assistance for construction or acquisition proposed for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having spedal flood hazards. 16. Grantees will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.); (f) conformity of federal actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended; and (h) protection of endangered species under the Endangered Species Act of 1973, as amended. 17. Grantees will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 18. Grantees will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a -1 et seq.). 19. Grantees will comply with the Laboratory Animal Welfare Ad of 1966, as amended (7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm- blooded animals held for research, teaching, or other activities supported by this award of assistance. 20. Grantees will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.), which prohibits the use of lead -based paint in construction or rehabilitation of residential structures. 21. Grantees will comply with the Pro - Children Act of 1994 (Act), which prohibits smoking within any portion of any indoor facility used for the provision of services for children as defined by the Act. 22. Grantees will comply with all federal tax laws and are solely responsible for filing all required state and federal tax forms. 23. Grantees will comply with all applicable requirements of all other federal and state laws, executive orders, regulations and policies governing this program. 24. The applicant must certify that they are not debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs. 25. Grantees must adopt and implement applicable provisions of the model HIV /AIDS work place guidelines of the Texas Department of Health as required by the Texas Health and Safety Code, Ann., Sec. 85.001, et seq. CONFIDENTIAL FUNDS (Read Only) Any applicant requesting purchase of evidence funds must read the conditions for confidential funds as set forth in the effective edition of OJP's Financial Guide at http:llwww. of p. usdoi. pov/ FinGuide /part3- ch8.htm#writtenprocedures •TEXAS ?ALCOHOLIC 'BEVERA.E =COMMISSION GRT- EUDL -3 (12!07) Selection Criteria: Scores are based on the quality of the response, adequacy of recommended solutions, and whether the response/request is reasonable. Applications are rated competitively using the EUDL Project Narrative Scoring Sheet, Form GRT -EUDL 5. Preference is given to programs that outline a plan to continue efforts after grant period. Funding decisions are at the discretion of the TABC administrator or designee. EUDL Project Narrative Enforcing the Underage Drinking Laws Organization Crrr OF CORPUS CHRISTI, POLICE DEPARTMENT . . Project Tide ENFORCING UNDERAGE DRINKING LAWS Part I: Problem Description 1. In 100 words or less, describe the specific problem and need for the project. Provide documented evidence (i.e., verifiable data) that an underage drinking problem exists in the impact area. (10 points) In 2004, the rate of alcohol related juvenile arrrests in Nueces County was 5.6 per 1,000 juveniles as compared to the State of Texas rate of 1.45 (Chart A). In a study conducted by Youth Opportunities United (YOU) in 2000, Nueces County youth reported a larger proportion of use of alcohol as compared to the State (Chart B) and an earlier first use of alcohol or drugs (about one year earlier than the state average) (Chart C). Source: Youth Opportunities United, Dr. Phil Rhoades, Texas AAM University — Corpus Christi 2. In 50 words or less, state the project's goal and target population. (5 points) The goal of the Corpus Christi Police Department EUDL program is to reduce underage drinking by increasing enforcement activities regarding the sale of alcohol to minors, increase publicity about underage drinking laws, and enhance awareness of personal liability in regards to adults providing alcohol to underage drinkers. 3. In 1,200 words or less (35 points): • Clearly summarize the proposed project including a comprehensive approach to prevention that involves enforcement, education and community involvement strategies. (5 points) • Describe the opportunities for minors' participation, such as leadership roles in the planning and implementation of project ' activities. (5 points) • Outline multiple, fact-based strategies to reduce demand for and/or access to alcoholic beverages among underage minors within the impact area, for example, environmental approaches, such as enforcement efforts that target identified problems, community -based practices that discourage underage drinking, or changes in policy and/or public opinion. (5 points) Note: Multiple strategies should be consistent with the recommendations in Reducing Underage Drinking: A Collective Responsibility, eds. Richard J. Bonnie and Mary Ellen O'Connell ( Institute of Medicine, National Research Council, the National Academy of Science, 2003) htto: /f books .nao.edu /cataloo.pho ?record id =10729 - toc and/or 'Can to Action: Changing the Culture of Drinking and U.S. Colleges,- National Institute on Alcohol Abuse and Alcoholism, Task Force of the National Advisory Council on Alcohol Abuse and Alcoholism (National Institutes of Health, U.S. Department of Health and Human Services, 2002) htto :f /www,collegedrinkingorevent ion .govlmediarTaskForceReport.ocif • List all program partners, such as public agencies, community coalitions, minor groups, nonprofits, etc. (5 points) • Explain how each program partner will participate and collaborate in project goals and objectives. (5 points) • List project activities and milestones for this funding cycle. (5 points) • Outline a plan to sustain the project if future funding is not available from this grant source. (5 points) See attached document City of Corpus Christi, Police Department Enforcing Underage Drinking Laws, Grant application March 1, 2008 3. In 1200 words or less There is a need to continue a consistent and coordinated community effort addressing the issue of underage and high risk drinking. This grant focuses on increased enforcement, increased publicity about enforcement of underage drinking laws, and increased education of youth and adults in an effort to enhance their awareness of personal liability. The grant focus will be on area middle and high school campus as well as the higher education campus. The number of undercover compliance checks and minor stings aimed at local alcohol vendors will be increased. For enforcement operations, officers will routinely respond to underage drinking parties, routinely check areas where teenage drinking parties are known to occur, and cite underage drinkers as well as those who supplied the alcohol at the parties. The current Campus Crime Stoppers Program has established a "Party Buster hotline for callers to report underage parties, either planned or in progress, and report retailers selling to minors. The current TIPSOFT program tracks the tips received. We reach many students and adults through our quarterly public service announcements relating to underage drinking. One will specifically target adults who host underage drinking parties detailing the laws and fines associated with the violations. Other PSA's will focus on the dangers of drinking and driving during Spring Break and the summer months as the Padre Island Seashore thrives with students. Additional focus will be placed during the high risk seasons of Christmas, New Years, and Prom/Graduation, to deter the availability of alcohol obtained through family, friends, strangers, and parties. Crime Stoppers has the equipment necessary to produce our own PSA's. Alcohol education and prevention activities in each of the high schools and on the Texas A &MICC campus are also a focus of the program. The Council on Alcohol and Drug Abuse will assist in obtaining/purchasing the appropriate flyers, brochures, and informational pamphlets to be distributed to all area schools. Freshman orientation at high schools and the higher education campus will receive flyers. Presentations will be made by the Youth Continuum of Care Coalition in a broad -based prevention education effort with a separate educational program for college students, high school students, parents and alcoholic beverage retailers. The coalition will also host a workshop, Familes and Community Educating (FACE) at a local conference offering the community topics on prevention, education, and enforcement. Additional public events will be a FACE family fun day held at a local park offering the community a day filled with drug -free activities. Operation Graduation will be supported at the four smaller area school districts. (The larger ISD consists of 5 high schools and has had difficulty getting enough volunteers to work the Operation Graduation.) This is a lock down graduation Pape 1 of 3 -54- City of Corpus Christi, Police Department Enforcing Underage Drinking Laws, Grant application March 1, 2008 event held either on campus, at a local athletic club, etc. for graduating seniors. Other activities proposed by area school districts are a Strides for Change 5K run /walk to advertise the effects of drinking and driving, video productions such as "its My Life" by Camfel Productions which motivates youth to make positive choices, Simulator car which is a computer controlled car set up to simulate drunk driving behavior, and Teen leadership classes. The Corpus Christi Youth Advisory Committee, a group of youth recently formed by the Corpus Christi City Council, will assist with minor stings and with the development of the PSA's, serving as consultants and actors. All area high schools have submitted a letter of support for the grant and each have teen leaders who are ready and willing to assist with development of activities and minor stings. Underage drinking cannot be successfully addressed by focusing on youth alone. They usually obtain alcohol from adults, either directly or indirectly. The Police Department will focus on minor stings, minor parties, and retailers who sell alcohol to minors. Education - oriented approaches in the school districts and Texas A &M will be aimed at preventing alcohol use by youths and providing other activities to keep youth occupied during after school hours or after school events. The public service announcements will focus heavily on adults and their liability for hosting a minor party. The Intergovernmental Commission on Drug and Alcohol Abuse will serve as the community group designated to review the program activities on a monthly basis. The City /County Commission is a group established in 1986 by the City Council of the City of Corpus Christi, the Commissioners' Court of Nueces County, and the Superintendents of CalaIlen, Corpus Christi, Flour Bluff, Robstown, Tuloso- Midway, and West Oso to assist and advise the participating local governmental agencies on program and methods to combat drug and alcohol abuse. • The following school districts will participate in Campus Crime Stoppers, development of activities/distribution of literature to enhance their current preventing underage drinking curriculum, Operation Graduation, and public service announcements: • CalaIlen • Corpus Christi • Flour Bluff • Tuloso- Midway • West Oso • Texas A &M University Corpus Christi will participate by implementing the following activities: 1) Continue with the assessment and feedback tool designed to reduce drinking among college students. The assessment takes students 6 -7 minutes to complete and automatically Page2of3 -55- City of Corpus Christi, Police Department Enforcing Underage Drinking Laws, Grant application March 1, 2008 calculates feedback for students. This also allows a student to be assessed on multiple occasions to track changes in drinking and risk behavior. If the student comes before judicial board, they will have access to the profile providing additional case management for the student. 2) Sponsorship of alcohol /drug awareness programs in conjunction with various student organizations and University departments (i.e. University Police Department, Student Activities, Counseling Center) 3) Distribute literature to inform students of University alcohol /drug rules, as well as, current Texas state laws regarding alcohol /drug use. • The Corpus Christi Youth Alcohol Awareness Coalition is a new group joining the EUDL grant coalition this year. The coalition's goal Is to educate youth on the dangers of frinking driving. The group coordinates the Shattered Dreams programs in the City of Corpus Christi. • The Council on Alcohol and Drug Abuse/ Youth Continuum of Care Coalition will serve as the primary source to assist with the selection of literature, videos, etc. • Corpus Christi Youth Advisory Committee - a City Committee comprised of approximately 20 youth who will assist with minor stings, the development of the public service announcements (serving as actors), and assist the grant with their youthful advice. • Crime Stoppers - establish a Party Buster" hotline and place flyers in the middle and high schools in the Nueces County area. • Safe Communities Driver Safety Public Eduation - a Texas A &M University program aimed at preventing drinking and driving. Efforts to reduce underage drinking need to focus on adults and must include an environmental approach involving the entire community. With each of the five area school districts and one rural school district participating as well as the higher education campus, we will be reaching out to many youth. This type of approach has not been spearheaded before in our community and hopefully will be an effective approach aimed at preventing alcohol use by youth. The Intergovernmental Commission on Drug and Alcohol Abuse will be the formal reporting point for the grant. This group meets on a monthly basis to review the issues facing the community regarding underage drinking. The enforcement element will be the responsibility of the Police Department through Campus Crime Stoppers, minor stings, and focusing on retail outlets and minor parties. Page 3 of 3 -56- GRT - EUDL -3 (12/17) Page 2of5 4. In 500 words or Tess (20 points): • Describe the expected benefits or results of the project. (Note: Use information from "EUDL Grant Performance Measures,' Form GRT - EUDL -11). • Provide at least two project- specific output and two outcome measures. • Provide prior -year baseline data for each OJJDP required measure, and program - specific performance goals. Note: Output measures show project activity level, such as number of trainings or sting operations, but do not necessarily measure its success. Outcome measures, such as measurable decreases in illegal behavior, determine the project's overall success. Base outcomes on the projects goal statement. • Explain how the output and outcome measures were determined. • Explain how output and outcome measures will be used to evaluate the project. • Include other factors that may impact the project evaluation. • Describe how progress will be measured. • Describe baseline and quarterly performance target numbers, and how they relate to the grant year goal for both OJJDP mandated and program - specific measures using Form GRT -EUDL 11. • Because underage drinking is a community problem, the grant brings together community based coalitions and entities that are needed to address the issue and sets a stage for collaboration. It also provides an ongoing venue for the partners to be updated on each others activities and what environmental strategies are the most effective. The grant focuses on increasing public awareness of youth and parents especially adult attitudes toward underage drinking by youth. • • The Intergovernmental Commission on Drug and Alcohol Abuse will conduct monthly reviews and examine progress on each measure. Where the montly review indicates that quarterly targets are not being met for specific measures, grant activities will be adjusted across the remaining months of the quarter or remaining quarters to reach the specified goals for the grant year. Each quarter the proportion of the annual goals for each measure that have been completed will be compared to those proposed. Again, if deficiencies are found, adjustments will be made in grant activities. The final evaluation will examine the proportion of each measure accomplished during the grant year. EUDL Project Narrative (continued) 5. In 250 words or less (5 points): • Describe what your organization is currently doing to address the underage drinking problem in the project impact area. • Explain why additional funding is needed if the organization or other agencies in their community are addressing the problem. • Indicate whether your organization is currently receiving other federal or state funding for this or other underage drinking projects. If so, list the amount, source, and use of these funds. The community has scattered resources for addressing the underage drinking issue, but no common element to bring them all together. The monthly meetings held to review grant progress has brought together all the school districts and other entities in the City who share the same goal. The Council on Drug and Alcohol Abuse serves as a common resource between all the participants in the Underage Drinking Grant Coalition. Law enforcement currently responds to complaints of underage drinking parties and vendors selling to minors, but there are not enough available resources to be more proactive. The grant provides us with these much needed resources. The Police Department is not receiving any other federal or state funding addressing the underage drinking issue. -57- GRT- EUDL -3 (12/07) Page 3of5 6. Budget Description (25 Points) Note: For more information on Grant Budget Requirements, see the Texas Administrative Code at: www.sos.state,tx.usttac and TABC Rules, Ch. 32, Subchapter B at: www.tabc. state. tx.usltec(infoiruies /GHAP32.DOC • Individual awards up to $75,000 per year, available on a reimbursement basis only. • A "match" equal to 25 percent or more of the total project cost is required. • In -kind contributions and grantee indirect costs may be used to satisfy the match requirements. • If staff spends Tess than 25 percent of their time on the project, their salaries may not be charged against the grant. However, their time may be used toward the "match." • Planned expenditures must be reasonable and.necessary for project implementation and achievement of its goals. • Expenditures must be consistent with all federal, state, and TABC guidelines for the use of grant funds. • Budget requests must reflect the activities proposed in the application. A. Salaries • Provide detailed description of each position or extra duty pay requested for law enforcement officers. • Include annual salary rate and explain how each rate is determined. • Estimate percentage of time to be dedicated to the project and fringe benefits, if applicable. Description TABC Request Grant Match Total 1,000 extra duty enforcement hours 6$43lhr, fringe benefits $ 43,000 $ 7,000 I43o00 Fringe Benefits it TMRS ft14.8r% $ $ 6,354 (pr 33(a T Fringe Benefits ■ FICA I§ 7.6$% $ 13,290 3i ZgO Total Enforcement $ 43,000 $ 5,4954 Total Fringe Benefits $ 431 _ i 9(05 4 S. SuppliesiConsumables • List supplies or small consumable items (under $1,000) needed. • Include postage. • Indicate type, quantity and cost for each item. • Show computation. Description TABC Request Grant Match Total Items to assist with Operation Graduation and other events $ 11,000 $ 7,000 411,000 Purchase of educational materials for presentation $ 12,000 $ 6,500 ir /$' 500 Gasolinelmainteenance for undercover stings $ 0 $ 746 4 70 Texas A&M additional on -line assessment tool $ 0 $ 1,500 4/I 500 $ $ $ C. Travel • Itemize travel expenses of project personnel by purpose (i.e., staff to attend training, enforcement detail, etc.). • Compute using the basic formula: $XX travellairfare + $XX hotel, + $XX food *# of persons • Use state per diem rates to estimate these costs. To find these rates, go to: www. cna .state.tx.usifm!nubsltravallow! ndex.phn Note: In general, only in-state travel will be approved. The exception will be for travel to attend the annual EUDL conference. -58- Description TABC Request Grant Match Total $ $ $ $ $ $ $ $ $ $ -58- GRT- EUDL -3 (12/07) Page 4 of 5 D. Rent (Equipment Lease /Other) • List any rent or lease of capital items used specifically for the grant project. • itemize the rental cost per unit of use (month, operation, etc.) in accordance with state and federal guidelines. E. Training /Conferences • List training or conference type and cost related to the grant project. Description TABC Request Grant Match Total Confidential funds - officers wonting undercover stings $ $ $ 1s &OC) $ $ $ .- $ $ $ $ $ $ $ E. Training /Conferences • List training or conference type and cost related to the grant project. F. Purchase of Evidence • List purchase of evidence costs for undercover operations. • Compute using the basic formula: # of sting operations * purchase amount of evidence. Description Description TABC Request Grant Match Total Confidential funds - officers wonting undercover stings $ $ $ 1s &OC) $ $ $ .- $ $ $ $ $ $ $ F. Purchase of Evidence • List purchase of evidence costs for undercover operations. • Compute using the basic formula: # of sting operations * purchase amount of evidence. Description TABC Request TABC Request Grant Match Total Confidential funds - officers wonting undercover stings $ $ $ 500 1s &OC) $ $ $ $ $ $ $ $ $ $ $ G. Professional Fees /Contractual • List the cost of goods or services to be provided by contractors or other outside sources. • List each good or service to be contracted individually. • Follow state procurement and purchase payment guidelines as stated in the Uniform Grant Management Standards for the purchase of these goods or services. Description TABC Request Grant Match Total Commelc.fi.(tc ptt�� -u-c mac. iP51� kS- $ I / OOD $ 4 { ratio �" $ $ $ $ $ $ $ $ -59- GRT -EUDL.3 (12!07) H. Other • Itemize the cost and show your computation of other items not included in the categories listed above. Description Items A. SALARIES B. SUPPLIES/CONSUMABLES C. TRAVEL D. RENT E. TRAINING/CONFERENCES F. PURCHASE OF EVIDENCE G. PROFESSIONAL/CONTRACTUAL H. OTHER Total Budget BUDGET SUMMARY TABC Request $ $ TABC Request 104-3 Joe:if:3 402 3)ooa 000 Grant Match $ $ $ $ $ Grant Match 1 (05+ 415)74(0 r Page 5 of 5 Total Total 45Z(g- i3g, 7 `tfa .0 (, 000 °fa, 900 .TEXAS :ALCOHOLIC i.BEVERAGE COMMISSION GRT-EUDL-11 (11.107) EUDL Grant Performance Measures Enforcing the Underage Drinking Laws Organization City of Corpus Christi, Police Department Project Title Enforcing Underage Drinking Laws OJJDP Mandated Measures taw If new grant) 15' Quarter 2"d Quarter �'� Quarter 4th Darter Total Planned (P); Actual (A) A P r A P A P A P A P A Minors participating in grant taw enforcement activities 100 25 25 25 25 100 Minors involved in grantee /coalltion activities Underage drinking media campaigns targeting adults 2000 25 500 7 500 6 500 6 500 6 1000 25 Underage drinking campaigns targeting minors 45 10 18 18 17 70 TOTAL: Underage drinking media campaigns Schools/communities Implementing new underage drinking strategies 70 6 17 6 18 6 18 6 17 6 70 6 Innovative changes to common prevention strategies 0 Innovative changes to common enforcement strategies 0 Newfinnovative data collection/evaluation components Press releases 0 0 Letters to editor 0 Radio/TV Interviews 0 Op-Ed articles 0 Grant - related articles in print media 0 Press conferences 0 Redio/TV PSAs created 0 Paid Newspaper Ads 0 TOTAL: Earned media generated by grant activities 0 T': :U Protlydill- Sperill, Outwit ".;t'lsurr> 1. # Crime Stoppers Partybuster Hotline Tips 10 3 2 2 3 10 2. # undercover compliance checks 60 15 15 15 15 15 Tv Pruyrarr1- Sperrilic Ou1( 01lip fit soles (rrsu3lsl 1. % increase of alcohol related juvenile arreata/citations 15% (drunk, liquor law violations - CCPD E04 report) 15% 15% 15% 15% 15% 2. % increase in adult arrests for purchase of alcohol for a 13% minor; furnishing alcohol to a minor ABC Cod 106.06 13% 13% 13% 13% 13% in on Page 2 d necessary. Chairperson Aaron Bonds Vice - Chairperson Gail Birdwell City Representatives Vidal delaCerda Jesse Molina Jean Newberry County Representatives Joe Alley Aaron Bonds Abby Saenz School Districts Calallen ISD Corpus Christi ISD Flour Bluff ISD Robstown ISD Tuloso- Midway ISD West Oso ISD Intergovernmental Commission On Drug and Alcohol Abuse P. O. Box 9016 Corpus Christi, Texas 78469 February 15, 2008 Bryan P. Smith, Chief of Police Corpus Christi Police Department Dear Chief Smith: The Intergovernmental Commission on Drug and Alcohol Abuse is in full support of the grant proposal to be submitted to the Texas Alcoholic Beverage Commission for the enforcement of underage drinking laws. Underage drinking is a major problem in our community and such enforcement/education efforts as presented in the grant will hopefully curtail and prevent additional tragic accidents. The purpose of the Commission is to assist and advise the participating local governmental agencies on programs and methods to combat drug and alcohol abuse among the citizens of Nueces County. This grant will contribute to our efforts. Sincerely, &Y/C107072-- Aaron Bonds Chair "SUPPORTING A DRUG-FREE WORLD - MAKING A DIFFERENCE" AWARENESS EDUCATION PREVENTION ENFORCEMENT JUDICATION PROSECUTION DEMAND REDUCTION —62— Texas A &M University- Corpus Christi College of Liberal Arts Social Science Research Center 6300 Ocean Drive, #5853, Corpus Christi Texas 78412 361- 825 -3206 FAX: 361 -825 -3784 January 17, 2008 Brian Smith, Chief of Police P.O. Box 9016 Corpus Christi, Texas 78469 Dear Chief Smith, The Safe Communities Driver Safety Public Education Project at Texas A &M University — Corpus Christi is pleased to support the Corpus Christi Police Department's (CCPD) activities regarding its Enforcing the Underage Drinking Laws proposal. The Safe Communities Project is a public education campaign aimed at reducing traumatic injury and death due to motor vehicle crashes funded by the Texas Department of Transportation. These include support of the Nueces County Safe Communities Coalition in which the CCPD participates, development and distribution of driving safety literature, and development and offering of driving safety presentations. Particular to the grant we have a Texas Department of Transportation approved presentation on the Dangers of Drunk Driving and a brochure entitled: Drinking and Driving Shatters Dreams. We would be glad to assist the CCPD by giving the presentation at venues that it arranges. We will provide copies of our driving safety literature for distribution at grant funded activities at no cost to the proposed grant. We will provide a table or booth at any event planned by the CCPD at high schools or colleges in Nueces County. We will provide liaison between the CCPD and the University's Student Affairs Office to assist with any activities planned on this campus. This includes informing the Islander Alcohol and Drug Abuse Prevention Team about the grant activities and enlisting their aid. Further, we can advertise grant activities thought the Student Affairs Office, the First Year Student Office, and academic programs that are providing opportunities for students to become engaged in civic affairs within our American Democracy Project or regular curricular activities. This could be a source of volunteers for grant funded activities. As the coordinators for the Nueces County Safe Communities Coalition, we can assist the CCPD in placing items related to the grant on the Coalition's monthly meeting agenda. By linking to the Coalition, the CCPD will automatically have several dozen partners. Our current mailing list for the Coalition exceeds 100 individuals and groups. Phili(W. Rhoades, Ph.D Director, Social Science Research Center Professor of Criminal Justice Coastal Bend Youth Alcohol A 'arrness Coalition CHR.ISTVS Spohn Hospital Corpus Christi i Memorial, Shoreline, South Communities In Schools Corpus Christi Fire Dept. Corpus Christi Independent School District Corpus Christi Police Dept. CCISD Police Dept. Coastal Bend Regional Advisory Council on Trauma Corpus Christi Emergency Medical Services The Council on Alcohol and Drug Abuse Driscoll Children's Hospital Nueces County Adult Probation Dept. Nueces County Juvenile Probation Dept. Texas Alcoholic Beverage Commission Texas Department of Public Safety Texas Department of Transportation January 23, 2008 Bryan P. Smith, Chief of Police Corpus Christi Police Department P. O. Box 9016 Corpus Christi, Texas 78469 Dear Chief Smith: The Corpus Christi Youth Alcohol Awareness Coalition led by Driscoll Children's Hospital is in full support of the grant proposal to be submitted by the Police Department to the Texas Alcoholic Beverage Commission for the enforcement of underage drinking laws. Underage drinking is a major problem in our community and such enforcement/education efforts as presented in the grant will hopefully curtail and prevent additional tragic accidents. Corpus Christi Youth Alcohol Awareness Coalition led by Driscoll Children's Hospital encourages new and enhanced avenues to curb the use of alcohol by minors and any activities that this grant will bring to our school district certainly will be appreciated. Sincerely, Beard Shattered Dreams Program Chairman Corpus Christi Youth Alcohol Awareness Coalition Driscoll Children's Hospital 3533 S. Alameda Corpus Christi, TX 78411 361 -694 -6700 3533 S. Alameda Corpus Christi, TX 78411 cbshattereddreams@yahoo.com Chairman- Karen Beard 694 -6700 Vice-Chairman- Cliff Bost 808-2258 -64- flour Bluff Independent School District 2505 WALDRON ROAD, CORPUS CHRISTI, TEXAS 78418 PHONE (361) 694 -9205 • PAX (361) 694 -9809 Dr. Julie Carbajal, Superintendent January 15, 2008 Bryan P. Smith, Chief of Police Corpus Christi Police Department P. O. Box 9016 Corpus. Christi, Texas 78469 Dear Chief Smith: The Flour Bluff Independent School . District is in full support of the grant proposal to be submitted by the Police Department to the Texas Alcoholic Beverage Connnission for the enforcement of. underage drinking laws. Underage drinking is a major . problem in our community and such enforcement/education efforts as presented in the grant will hopefully curtail and prevent additional tragic accidents. Flour Bluff Independent School District encourages new and enhanced avenues to curb the use of alcohol by minors and any activities that this grant will bring to our school district certainly will be appreciated. Sincerely, Julie Carbajal, Ed.D. Superintendent Tuloso-Midway High School January 14, 2008 Bryan P. Smith, Chief of Police Corpus Christi Police Department P. 0. Box 9016 Corpus Christi, Texas 78469 Dear Chief Smith, Ann Bartosh, Principal Gail Birdwell, Assistant Principal Ricardo Cortez, Assistant Principal Tuloso - Midway ISD fully supports the grant proposal to be submitted by the Police Department to the Texas Alcoholic Beverage Commission for the enforcement of underage drinking laws. Underage drinking is a major problem in our rural community. Many of our students choose to go to ranches /land and endanger their lives by drinking illegally. We appreciate your efforts in trying to prevent tragedies. Tuloso- Midway ISD will continue to educate our parents, students, and community through numerous activities and meetings as well as through our drug and alcohol free graduation party, Grad Nite. We appreciate the monies that have helped us through this grant in the past and will continue to put the funds to good use for our kids. Sincerely, CUrL,L antcLk) Ann Bartosh P.Q. Box 10900 * 2653 McKinzie Road * Corpus Christi, Texas 78460 -0900 * 361- 903 - 6700 * Fax 361 - 2414258 www.4.16i6dTesc2.net CORPUS CHRISTI CRIME STOPPERS, INC, February 6, 2008 Dear Pat Eldridge, The Corpus Christi Crime Stoppers Inc. Board of Directors would like to offer our services to the Enforcing Underage Drinking Coalition. The Corpus Christi Campus Crime Stoppers currently has programs in all 36 Secondary schools in Corpus Christi and Nueces County. The Crime Stoppers "Party Buster" hotline at 888 -TIPS will allow callers to report underage parties, either planned or in progress, and report establishments or stores that are known to sell to minors. Our current TIPSOFT program will allow officers to track tips received for parties through the hotlinc. The Crime Stoppers web site at 888TIPS.com is also available to receive anonymous tips through a secure email server. We hope that with our combined efforts we can help the students of Corpus Christi and Nueces County aware of the dangers of drugs and alcohol. Sincerely, „0,z Steve West, Board Chairman Corpus Christi Crime Stoppers Inc. P. 0. Box 4287 a Corpus Christi, Texas 78469 (361) 888 -8477 (800) 827 -8477 0- 1'361) 886 -2785 www.888tips.com ti February 6, 2008 Youth Nemo of Cage Coaltton A Project of The Council on Alcohol and Prug Abuse - Coastal Bend Bryan P. Smith, Chief of Police Corpus Christi Police Department P. 0. Box 9016 Corpus Christi, Texas 78469 Dear Chief Smith: The Youth Continuum of Care Coalition is in full support of the grant proposal to be submitted by the Police Department to the Texas Alcoholic Beverage Commission for the enforcement of underage drinking laws. Underage drink- ing is a major problem in our community and such enforcement/education ef- forts as presented in the grant will hopefully curtail and prevent additional tragic accidents. The Youth Continuum of Care Coalition encourages new and enhanced ave- nues to curb the use of alcohol by minors and any activities that this grant will bring to our community will be appreciated. S. cerely, a Copad Chairperson J , LCDC, CPS Mission Statement: To collaboratively mobilize assets of the community to provide a continuum of care to address and reduce abuse of alcohol, tobacco and other drugs among youth and their families. _68_ Linda Copado Rincon, Chairperson The Coed m Atcohal atd hg e- Nadi ➢ id Iris Martinez, Vice Chairperson GAF Christina Hernandez, Secretary Planned Parenthood of South Texas Youth Continuum of Care Coalition Member organizations 2 -1 -1 Texas/Coastal Bend 36th Judicial Juvenile Probation Amerigroup Community Care Aransas County ISD /Aransas Citizens Against Drugs Coalition Christus Spohn Health Ministry Program Clear Channel Radio Coastal Bend AIDS Foundation Communities in Schools, Inc. - C.C. Connections: Individual & Family Services Corpus Christi ISD Corpus Christi Police Department Driscoll Children's Health Plan Faith Christian Preschool Mathis ISO Maximus New Vision Padre Behavioral Hospital Planned Parenthood of South Texas Rio Grande Valley Council, Inc. San Patricio County Department of Health Superior Health Man Taft 1SD Texas A & M University - Corpus Christi Texas Department of Family & Protective Svcs. The Council on Alcohol and Drug Abuse - Coastal Rend VGFL Enterprises Yorktown Baptist Church CCISD February 6, 2008 Mr. Bryan P. Smith, Chief of Police Corpus Christi Police Department P. O. Box 9016 Corpus Christi, Texas 78469 Dear Chief Smith: Office of the Superintendent D. Scott Elliff Superintendent of Schools CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT P.O. Box 110 Corpus Christi, Texas 78403 -0110 Office: (361) 886 -9002 Fax: (361) 886 -9109 Website: www.ccisd.us The Corpus Christi Independent School District is in full support of the grant proposal to be submitted by the Police Department to the Texas Alcoholic Beverage Commission for the enforcement of underage drinking laws. Underage drinking is a major problem in the community and such enforcement/education efforts as presented in the grant will certainly help curtail and prevent additional tragic accidents. The District encourages new and enhanced avenues to curb the use of alcohol by minors. Any activities that the grant might bring to the school district community will be most appreciated. Sincerely, ,ctio D. Scott Eliff Superintendent of Schools cm cc: Dr. Janis Jordan Mrs. Yvonne Colmenero RESOLUTION AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION IN THE AMOUNT OF $67,000 TO THE STATE OF TEXAS, TEXAS ALCOHOLIC BEVERAGE COMMISSION, FOR THE FUNDING OF OVERTIME TO ENFORCE UNDERAGE DRINKING LAWS AND TO PREVENT YOUTH ACCESS TO, AND ILLEGAL USE OF ALCOHOL, AND PROVIDE FOR AN EDUCATIONAL PROGRAM WITH A CITY CASH MATCH OF $25,154, AND AN IN -KIND CONTRIBUTION OF $746, FOR A TOTAL PROJECT COST OF $92,900, AND AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO APPLY FOR, ACCEPT, REJECT, ALTER OR TERMINATE THE GRANT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Manager, or the City Manager's designee, is authorized to submit a grant application in the amount of $67,000 to the State of Texas, Texas Alcoholic Beverage Commission, for the funding of overtime to enforce underage drinking laws and to prevent youth access to, and illegal use of alcohol, and provide for an educational program with a City cash match of $25,154, and an in- kind contribution of $746, for a total project cost of $92,900. SECTION 2. The City Manager, or the City Manager's designee, may apply for, accept, reject, alter the terms and conditions, or terminate the grant, if said grant is awarded to the City. SECTION 3. In the event of the loss or misuse of these funds, the City of Corpus Christi assures that the funds will be retumed, in full, to the TABC. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor Approved as to form 1:4,1 , 2008 Joseph Harkey Assistant City Attorney For City Attorney Corpus Christi, Texas of , 2008 The above resolution 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 CITY COUNCIL AGENDA MEMORANDUM Date: 02/26108 AGENDA ITEM: Resolution authorizing the submission of a grant application in the amount of $100,964 to the State of Texas, Criminal Justice Division for Year 9 funding available under the Violence Against Women Act (VAWA) Fund for the Police Department's Family Violence Unit with a City match of $38,953, an in -kind match of $16,800, for a total project cost of $156,717 and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. ISSUE: Year 9 funding is available 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 provides funds for 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 altematives, 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, walk in traffic, and record keeping. 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 Tong -term safety needs. REQUIRED COUNCIL ACTION: Approval to submit the application. PREVIOUS COUNCIL ACTION: Approval of the previous eight years applications. FUNDING: The grant provides salary and benefits for two Victim Case Managers, a Staff Assistant, equipment, supplies, training, and mileage. The State is asked to provide $100,964 and the City $55,753 which may be an in -kind or a cash contribution. We are utilizing the volunteer hours from other agencies Child Protective Services, Police volunteers, etc. to provide $16,800 toward the required 25% match. The General Fund cash contribution to grants will pay $38,953 for partial salary match, training, travel, supplies and miscellaneous equipment. The funding is not on a declining percentage or ending funding cycle. CONCLUSION AND RECOMMENDATION: Staff recommends submitting the grant. Bryan P. Smith Chief of Police eGrants - Project Summary (MAKE SURE YOU CLOSE THIS PAGE 110 Page 1 of 20 Print This Page 1 Agency Name: Corpus Christi, City of Grant/App: 1517110 Start Date: 9/1/2008 End Date: 8/31/2009 Project Title: Victim Assistance Program Status: Application Pending Submission Eligibility Information Introduction The Criminal Justice Division (CJD) publishes funding opportunities, known as Requests for Applications (RFA), through the Texas Secretary of State. Click here to visit the Secretary of State's website to locate the RFAs in the appropriate Texas Register issue. In addition, CJD requires all applicants and grantee organizations to adhere to the Texas Administrative Code (TAC) as adopted. Click here to view the current TAC, or click here to view the previous versions of the TAC. Submission Process When applying for a grant pursuant to an RFA published in the Texas Register by CJD, applicants must submit their applications according to the requirements provided in the RFA. CJD may also consider applications for grants that are not submitted pursuant to an RFA. Applicants will be selected in accordance with 1 TAC, §3.7. Selection Process All applications submitted to CJD are reviewed for eligibility, reasonableness, availability of funding, and cost - effectiveness. For applications submitted pursuant to an RFA, the executive director will select a review group, COG, or other designee to prioritize the applications and submit a priority listing to the executive director, who will render the final funding decision. A review group may include staff members, experts in a relevant field, and members of an advisory board or council. For more information regarding the selection process, see 1 TAC, §3.7. Funding Decisions All grant funding decisions rest completely within the discretionary authority of CJD. The receipt of an application for grant funding by CJD does not obligate CJD to fund the grant or to fund it at the amount requested. Neither the approval of a project nor any grant award shall commit or obligate CJD in any way to make any additional, supplemental, continuation, or other award with respect to any approved project or portion thereof. CJD makes no commitment that a grant, once funded, will receive priority consideration for subsequent funding. For more information regarding the application process, see 1 TAC, §3.7 and 3.9. Adoptions by Reference All grantees receiving federal and state funds must comply with the applicable statutes, rules, regulations, and guidelines related to the funding source under which the grant is funded. In instances where both federal and state requirements apply to a grantee, the more restrictive requirement applies. For more information regarding grant funding, see 1 TAC, §3.19. Community Plans Each community, consisting of a single county or a group of counties, must file with a COG a community plan that addresses the community's criminal justice priorities. A community plan should assess local trends and data; identify problems, resources, and priorities; develop effective strategies; and set goals and objectives. For more information regarding community plans, see 1 TAC, §3.51. https: / /cj donline.governor.state. tx.us/Proj ect/GrantPrin able Summary. aspx ?PrintCodeTO &gh =F2... 2/15/2008 eGrants - Project Summary (MAKE SURE YOU CLOSE THIS PAGE !!!) Page 2 of 20 Juvenile Justice and Youth Projects Juvenile justice projects or projects serving delinquent or at -risk youth, regardless of the funding source, must address at least one of the priorities developed in coordination with the Governor's Juvenile Justice Advisory Board to be eligible for funding. For more information regarding these priorities, see 1 TAC, 53.53. Monitoring CJD will monitor the activities of grantees as necessary to ensure that grant funds are used for authorized purposes in compliance with all applicable statutes, rules, regulations, guidelines, and the provisions of grant agreements, and that grantees achieve grant purposes. Grantees must make available to CJD or its agents all requested records relevant to a monitoring review. For more information regarding monitoring, see 1 TAC, 53.2601. Your organization's Texas Payee /Taxpayer ID Number: 17460005741000 Application Eligibility Certify: Created on:1 /11/2008 11:15:46 AM By :Susana Villagran Profile Information Introduction The Profile Details section collects information about your organization such as the name of your agency and project title, the geographic area your project will serve and information about your grant officials. Click on the Save and Continue button at any time to save the information entered on this page. If you do not click on this button and navigate away from the page, your work will be lost. When you click the Save and Continue button, you may receive several error messages that instruct you to complete the required fields. Your data on any given tab will not save to the system until all required fields are complete and correct. In addition, you have a 2 -hour time limit for each tab where you will need to complete the information correctly and then click the Save and Continue button. There is a timestamp in the upper -right hand corner of the page that notes when you first clicked on the tab. From that point, you have 2 hours to complete the information on that tab correctly. If you do not complete the information correctly (for the required fields) and then you click on the Save and Continue button, you will be redirected to the eGrants Home Page. If this happens, your data will not be saved in the system. You may also choose to compose a message on this page for C]D to review. This can be done by typing in the Notes By Grantee / CID message box. Email Addresses & Grant Officials Information Grant Officials Information: Enter a valid and unique email address for each grant official and click the Verify Email and Set Official to the Project button. If you receive an error message regarding an email address, the grant official you are trying to assign to the project has not registered for a user account in eGrants. Please inform the agency's grant official or designee that they must log in to the eGrants Home Page, and register for a user account. If you need technical assistance, please contact the eGrants Help Desk by email. Updating Grant Officials: To reassign a grant official - Authorized Official, Financial Officer, or Project Director - to your grant project, ensure that the new official registers for a user account in eGrants first, then download the Designation of Grant Officials Change Form (DoG). If your organization is designating a new Authorized Official, check your records to see if a revised Resolution is required. Upload the approved Resolution to your grant project on the 'Summary / Upload Files' sub -tab. Then, fax the signed DoG to CJD at (512) 475- 2440. Once CJD receives the signed DoG (and a revised Resolution if applicable), then CJD will update your grant project in eGrants. Forms Designation of Grant Officials Change Form (DoG) - used to assign or reassign grant officials. Getting Started https: / /cj donline. governor. state. tx. us / Project /GrantPrin � tableSummary .aspx ?PrintCode= 0 &gh —F2... 2/15/2008 eGrants - Project Summary (MAKE SURE YOU CLOSE THIS PAGE 1!!) On this tab you will notice a certain icon that is displayed. • = an information icon - this help icon is next to certain items that may need further explanation. Simply click and review the information provided in the pop up window. Page 3 of 20 Applicant Agency Name: Corpus Christi, City of Project Title: Victim Assistance Program Division or Unit to Administer the Project: Corpus Christi Police Department Address Line 1: 321 John Sartain Address Line 2: P.O. Box 9016 City /State /Zip: Corpus Christi Texas 78469 Payment Address Line 1: Post Office Box 9277 Payment Address Line 2: Payment City /State /Zip: Corpus Christi, Texas 78469 -9277 Start Date: 9/1/2008 End Date: 8/31/2009 Regional Council of Goverments(COG) within the Project's Impact Area: Coastal Bend Council of Governments Headquarter County: Nueces Counties within Project's Impact Area: Nueces Grant Officials: Authorized Official User Name: Bryan Smith Email: bryans @cctexas.com Address 1: Post Office Box 9016 Address 1: City: Corpus Christi, Texas 78469 Phone: 361 -886 -2604 Other Phone: Fax: 361-886-2607 Agency: Title: Mr. Salutation: Chief Project Director User Name: Pat Eldridge Email: pat @cctexas.com Address 1: P. 0. Box 9016 Address 1: City: Corpus Christi, Texas 78469 Phone: 361-886-2696 Other Phone: 361- 215 -0150 Fax: 361 -886 -2607 Agency: Title: Ms. Salutation: Ms. Financial Official User Name: Cindy OBrien Email: CINDYO @CCTEXAS.COM Address 1: P.O. Box 9277 Address 1: City: Corpus Christi, Texas 70469 Phone: 361 - 826 -3604 Other Phone: Fax: Agency: Title: Ms. Salutation: Ms. Grant Writer User Name: Susana Virlagran Email: susanav @cctexas.com Address 1: 321 John Sartain Address 1: P.O. Box 9016 City: Corpus Christi, Texas 78469 Phone: 361 -826 -2951 Other Phone: 361- 244 -3110 Fax: 361 -826 -2953 Agency: Title: Ms. Salutation: Ms. https: / /cj donline. governor. state. tx.us/Proj ect/GrantPrintableSummary. aspx ?PrintCode =o &gh =F2... 2/15/2008 a 1ivyttn r, U.K.t YOU ULOSE THIS PAGE 1!!) Page 4 of 20 Grant Vendor Information Introduction The Grant Vendor section of the application collects grant payment information for your organization. The following items will be auto - filled from previous data you supplied in eGrants: Organization Type, State Payee Identification Number, and Data Universal Numbering System (DUNS) identifier (if applicable). Click on the Save and Continue button at any time to save the information entered on this page. If you do not click on this button and navigate away from the page, your work will be lost. When you click the Save and Continue button, you may receive several error messages that instruct you to complete the required fields. Your data on any given tab will not save to the system until all required fields are complete and correct. In addition, you have a 2 -hour time limit for each tab where you will need to complete the information correctly and then click the Save and Continue button. There is a timestamp in the upper -right hand corner of the page that notes when you first clicked on the tab. From that point, you have 2 hours to complete the information on that tab correctly. If you do not complete the information correctly (for the required fields) and then you click on the Save and Continue button, you will be redirected to the eGrants Home Page. If this happens, your data will not be saved in the system. You may also choose to compose a message on this page for CJD to review. This can be done by typing in the Notes By Grantee / C.1D message box. Direct Deposit In order to receive payments from CJD, complete the Vendor Direct Deposit Authorization and Application for Payee Identification Number forms which can be downloaded from the Texas Comptroller's website at https: / /fmx.cpa.state.tx.us /fm /forms /index.php and Form W -9 which can be downloaded from the Internal Revenue Services' website at http: / /www.irs.gov /. Send these completed and signed forms to the Office of the Governor, Financial Services Division, Post Office Box 12428, Austin, Texas 78711. Getting Started On this tab you will notice a certain icon that is displayed. • = an information icon - this help icon is next to certain items that may need further explanation. Simply click and review the information provided in the pop up window. Organization Type: Unit of Local Government (City, Town, or Village) Organization Option: applying to provide direct services to victims only Applicant Agency's State Payee Identification Number (e.g., Federal Employer's Identification (FEI) Number or Vendor ID): 17460005741000 Data Universal Numbering System (DUNS): Payment Address Line 1: Post Office Box 9277 Payment Address Line 2: Payment City /State /Zip: Corpus Christi, Texas 78469 -9277 Narrative Information Introduction The Narrative section is the description of your project. It is important that the information you provide about your project is clear and as concise as possible. Note: All applicants must certify to the eligibility requirements specific to the fund source. The minimum requirements to complete this page are. the Program Requirements, Problem Statement, Supporting Data, Goal Statement, and Project Summary sections. We recommend that you complete any sections applicable to your project to assist in the application review process. Click on the Save and Continue button at any time to save the information entered on this page. If you do not click on this button and navigate away from the page, your work will be lost. When you click the Save and Continue button, you may receive several error messages that instruct you to complete the required fields. Your data on any given tab will not save to the system until all required fields are complete and correct. In addition, you have a 2 -hour time limit for each tab where you will need to complete the information correctly and then click the Save and Continue button. There is a timestamp in the upper -right hand corner of the page that notes when you first clicked on the tab. From that point, you have 2 hours to complete the information on that tab correctly. If you do not complete the https : / /cjdonline. governor. state. tx. us /Project/GrantPr ableSummary .aspx ?PrintCode- 0 &gh =F2... 2/15/2008 cui4I11.a - rrU.CUL y �lv� �• avnr. 1 vu L.i.var. 1111D r1-iv� rage Jvi4V information correctly (for the required fields) and then you click on the Save and Continue button, you will be redirected to the eGrants Home Page. If this happens, your data will not be saved in the system. You may also choose to compose a message on this page for OD to review. This can be done by typing in the Notes By Grantee / GD message box. Getting Started On this tab you will notice a certain icon that is displayed. • = an information icon - this help icon is next to certain items that may need further explanation. Simply click and review the information provided in the pop up window. Primary Mission and Purpose The S.T.O.P. Violence Against Women Act (VAWA) Program provides assistance in developing and strengthening effective law enforcement, prosecution, and court strategies to combat violent crimes against women and In developing and strengthening victim services in such cases. Funding Levels The anticipated funding levels for the VAWA program are as follows: • Minimum Award - $5,000 • Maximum Award — None • The VAWA program requires a grantee match of at least 35% which is calculated on the total project costs, not on the amount requested from C]D. The match requirement may be met through cash and /or in -kind contributions. Native American tribes and no nongovernmental victim service organizations that assist domestic violence, dating violence, sexual assault, or stalking victims are from the match requirement. For more information regarding grantee match, please click on the Budget tab, and then click on the Source of Match tab in eGra Note: If you voluntarily include matching funds that exceed the minimum match requirement, you will be held to that amount throu the grant period. Program Requirements Preferences — Preference will be given to projects that streamline administrative and reporting processes by consolidating grant re whenever possible in lieu of submitting multiple applications. Program Requirements — All applicants must meet at least one or more of the following statutory program purpose areas establi5 the federal Office on Violence Against Women and codified at 28 C.F.R. §90: (a) Training law enforcement officers, judges, other court personnel, and prosecutors to more effectively identify and respond to vic crimes against women, including the crimes of sexual assault, domestic violence, and dating violence; (b) Developing, training, or expanding units of law enforcement officers, judges, other court personnel, and prosecutors specifically targeting violent crimes against women, including the crimes of sexual assault and domestic violence; (c) Developing and implementing more effective police, court, and prosecution policies, protocols, orders, and services specifically d to preventing, identifying, and responding to violent crimes against women, including the crimes of sexual assault and domestic vio (d) Developing, installing, or expanding data collection and communication systems, including computerized systems, linking police, prosecutors, and courts or for the purpose of identifying and tracking arrests, protection orders, violations of protection orders, prosecutions, and convictions for violent crimes against women, including the crimes of sexual assault and domestic violence; (e) Developing, enlarging, or strengthening victim services programs, Including sexual assault, domestic violence, and dating violen programs, developing or improving delivery of victim services to underserved populations, providing specialized domestic violence c advocates in courts where a significant number of protection orders are granted, and increasing reporting and reducing attrition rat' cases involving violent crimes against women, including crimes of sexual assault, domestic violence, and dating violence; (f) Developing, enlarging, or strengthening programs addressing stalking; (g) Developing, enlarging, or strengthening programs addressing the needs and circumstances of Indian tribes in dealing with violet crimes against women, including the crimes of sexual assault and domestic violence; (h) Supporting formal and informal statewide, multidisciplinary efforts, to the extent not supported by state funds, to coordinate thf response of state law enforcement agencies, prosecutors, courts, victim services agencies, and other state agencies and departmen violent crimes against women, including the crimes of sexual assault, domestic violence, and dating violence; https: / /cj donline. governor. state. tx.us/Proj ect/GrantPriK1711eSummary. aspx ?PrintCode= 0 &gh =F2... 2/15/2008 ti vat 1 nl PAGE !U) Page 6 of 20 (f) Training of sexual assault forensic medical personnel examiners in the collection and preservation of evidence, analysis r p eventi providing expert testimony and treatment of trauma related to sexual assault; (J) Developing, enlarging, or strengthening circumstances of older and disabled women pwhorare victimslofldme tic violence or sexual assault, including recognizing, and prosecuting instances of such violence or assault and targeting outreach and support, and and oother vi address the neei older and disabled individuals; 9 ng, investigat victim services to ; (k) Providing assistance to victims of domestic violence and sexual assault in immigration matters; (1) Maintaining core ee victim services and criminal justice initiatives, while supporting complementary new initiatives and emergency , (m) Supporting the placement of special victim assistants (to be known as "Jessica Gonzales Victim Assistants ") in local law enforce agencies to serve as liaisons between victims of domestic violence, dating violence, sexual assault, and stalking and personnel in I enforcement agencies in order to improve the enforcement of protection orders. Jessica Gonzales Victim Assistants shall have expo, domestic violence, dating violence, sexual assault, or stalking and may undertake the following activities: o xper (i) Developing, in collaboration with prosecutors, courts, and victim service providers, standardized response policies for local law enforcement agencies, including triage protocols to ensure that dangerous or potentially lethal cases are identified and prioritiz ed; agency; Notifying persons seeking enforcement of protection orders as to what responses will be provided by the relevant law enf agency; orceme (iii) Referring persons seeking enforcement of protection orders to supplementary services (such as emergency shelter ro r or legal assistance services); and p gams,h (iv) Taking other appropriate action to assist or secure the safety of the person seeking enforcement of a protection order; and (n) To provide funding to law enforcement agencies, nonprofit nongovernmental victim services providers, and State, tribal to local governments, (which funding stream shall be known as the Crystal Judson Domestic Violence Protocol Program) to promote: rntor (1) The development and implementation of training for local victim domestic violence service providers, and to fund victim s personnel, to be known as "Crystal Judson Victim Advocates," to provide supportive services and advocacy for victims of domestic I, committed by law enforcement personnel: services (ii) The implementation of protocols within law enforcement agencies to ensure consistent and effective responses to the commissic violence by personnel within such agencies (such as the model hilt y promulgated by the International Association of Chic Police 'Domestic Violence by Police officers: A Policy of the IACP, Police Response to Violence Against Women Project' Jul 2003); p violence. domestic Program Emphasis - The applicant agrees to implement comprehensive strategies addressing violence against women that are se to the concerns and safety of the victims and hold offenders accountable for their crimes. Note: Although each area under the Program Emphasis section may not be applicable to all applicants, numeric value in each box. Applicants should enter a zero ('09 in the boxes below even if the area is not applicable to this project. you must enter a Indicate the percentage ( %) of your project that benefits: Victim Services - any nonprofit, nongovernmental organization that assists domestic violence, dating violence, sexual assault, or. Law Enforcement - any public agency charged with policing functions. Prosecution - any public agency charged with direct responsibility for prosecuting criminal offenders. Court - any civil or criminal court system having jurisdiction to address domestic violence, dating violence, sexual assault or Other - any initiative that indirectly affects victims of domestic violence, dating violence, sexual assault or stalking talki protocols and procedures). g (ex., developinc Victim Restoration - Applicants agree to promote collaboration and coordination among local service systems that involve disciplines and support a seamless delivery of a continuum of services that focus on each individuals return to full physical, m emotional health, metal, mental, Provide a description of how your community (city, county, district, etc.) restores victims and how this agency fits into the res process. torati, https:// cjdonline.governor.state.tx.�ts/ Project /Gran -81 b1eSummary.aspx ?PrintCode =O& h =F2 g ... 2/15/2008 GVILL11L`d - 1 LUJ GHL LJ IdAAA-AAA...1l' Forensic Medical Examination Payments - A law enforcement agency that requests a forensic medical examination of a victim c sexual assault shall pay full cost of the examination. STOP funds may be used to pay for forensic medical examinations performed t trained examiners except that such funds may not be used to pay for the examinations if victims of sexual assault are required to s, reimbursement for such examinations from their insurance carriers. Victims of sexual assault are not required to participate in the c justice system or cooperate with law enforcement in order to be provided with a forensic medical examination or to be reimbursed f charges incurred on account of such an examination. Polygraph Testing Prohibition - A peace officer or attorney representing the state may not require an adult or child victim of an sex offense to submit to a polygraph examination or other truth telling device as a condition for proceeding with the investigation 01 an offense. In addition, the refusal of a victim to submit to a polygraph or other truth telling examination will not prevent the investigation, charging, or prosecution of an alleged sex offense or on the basis of the results of a polygraph examination. Protection Orders - Victims applying for a protective order or their attorney may not bear the costs associated with the filing of ai of protections. Judicial Notification - Offenders involved in a protection order are not allowed to possess a firearm unless the offender is a peace who is actively engaged in employment as a sworn, full -time paid employee of a state agency or political subdivision. Criminal Charges - In connection with the prosecution of any misdemeanor or felony domestic violence offense, the victim may nc the costs associated with the filing of criminal charges against a domestic violence offender, issuance or service of a warrant, or wit subpoena. Nondisclosure of Confidential or Private Information - Personally identifying information or individual information collected in connection with services requested, utilized, or denied may not be disclosed; or, reveal individual client information without informe written, reasonably time - limited consent of the person about whom information is sought. If release of information is compelled by statutory or court mandate, reasonable attempts to provide notice to victims affected by the disclosure of information will be made steps necessary to protect the privacy and safety of the persons affected by the release of information will be taken. Civil Rights Liaison A civil rights liaison who will serve as the grantee's civil rights point of contact and who will be responsible for ensuring that the gra meets all applicable civil rights requirements must be designated. The designee will act as the grantee's liaison in civil rights matter OD and with the federal Office of Justice Programs. Enter the Name of the Civil Rights Liaison: Enter the Address for the Civil Rights Liaison: Enter the Phone Number for the Civil Rights Liaison [(999) 999- 99991: Certification Each applicant agency will certify to the specific criteria detailed above under Program Requirements to be eligible for funding un S.T.O.P. Violence Against Women Act (VAWA) Fund Program Solicitations. I certify to all of the above eligibility requirements. Problem Statement: Please provide a detailed account in the Problem Statement section of the existing issues your project will target. Enter your problem statement: There is inadequate resources and manpower to ensure that victims of domestic violence, homicide, and aggravated assaults receive relevant information on available resources in a timely fashion. Victims of domestic violence are often traumatized, and may not be able to easily identify sources of support or resources that could assist in the recovery from the emotional, physical, and financial impact of the crime. Without the support many victims are re- victimized, and may suffer more severe long -term negative effects. Victims have little knowledge of where to seek help or protection, leaving the victim unprotected and subject to be re- victimized by the criminal. The criminal justice system can be confusing and overwhelming. Lack of knowledge can contribute to a sense of confusion, helplessness, and frustration, leading to decreased cooperation with law enforcement and prosecution efforts. Supporting Data: Provide as much supporting data, to include baseline statistics and the sources of your data, which are pertinent to where the grant project is located and /or targeted. Do not use statewide data for a local problem or national data for a statewide problem. Enter your supporting data: In Corpus Christi, for the fiscal year of 2006 there were 11,079 offences of crimes against victims and family members reported to the Corpus Christi Police Department- Records Management System (RMS) and in 2005 there were 12,052 offences of crimes against victims and family members. Due to the high number of crimes reported, Officers have become solely dedicated to investigating and filing the cases. Therefore they have little time to offer assistance to victims and rely on the Victim Case Managers to offer Victim services. In the past year 82% of Domestic violence victims have received follow -up, assistance via mail, https: / /cjdonline.governrnor. state. tx. us / Project/ GrantPrintableSummary .aspx ?PrintCode= 0 &gh =F2... 2/15/2008 eGrants - Project Summary (MAKE SURE YOU CLOSE THIS PAGE ! ! !) Page 8 of 20 phone or in person: Phone contacts 293, In Person Contacts 581, Notification Letters 3557, Response to follow -up letters 736. The victim case manager has attempted to increase the victim's safety by providing assistance in obtaining 163 Magistrate orders of emergency protection. Year 2005 2006 Family Violence Reports Generated (RMS) 4930 4424 Victims Assisted by Victim Assistance Program 1342 1753 Mail Follow -up Notification Letters 1005 3557 The reported number of incidents of crimes against persons in the Corpus Christi Uniform Crime Report has not fallen below 21,202 in the last five years. Crime 2002 2003 2004 2005 2006 Homicide 19 21 25 8 20 Rape 243 228 214 217 167 Robbery 511 592 531 481 468 Aggravated - Assault 1290 1621 1226 1342 1412 Burglary 3581 3757 3984 3357 3004 Larceny 14147 15064 14893 15870 15259 Auto -theft 1446 1280 1062 906 874 Total 21237 22563 21935 221.81 21202 Community Plan: For projects that have a local or regional impact target area, provide information regarding the community plan need(s) that your project willl address. Enter your community planning needs: The Victim Advocacy Program addresses five priorities set in the Nueces County 2007 Community Plan. 1. The Victim Case Manager provides assistance with Safety Plans, Protective Orders, and Magistrate orders of Emergency Protection, addressing the need to reduce violent crime on a long term basis by promoting prevention and intervention strategies. The Program addresses the development and implementation of policies and protocol to respond to victims of crime in a more efficient and swifter manner. 2. The Victim Assistance Program has assisted in neighborhood Initiative program (NIP) and Hot Spot. Crime statistics are generated to locate the highest crime infested areas to establish "Hot Spots ". Door to door crime victim services are provided, ensuring safer streets and neighborhoods. 3. The program holds the offenders accountable by providing the victims with assistance in reporting crimes, criminal investigations, filing charges and court accompaniment. 4. The program addresses developing and expanding specialized training to the units to increase the investigator's sensitivity and awareness to victim's issues. 5. The program fully utilizes community resources through collaborative planning efforts to better serve victims. The program provided over 1400 referrals to local community agencies and has met with the Sheriff's Department, District and County Attorney's Office, Municipal and Magistrate Judges, and Community Victims Service Agencies to collaborate efforts to serve victims. Goal Statement: Provide a brief description of the overall goals and objectives for this project. Enter a description for the overall goals and objectives: The goal of the project is to lesson the trauma experienced as a direct result of victimization by providing victims of domestic violence and their family members, victim advocacy assistance with the focus on encouraging victims cooperation with law enforcement and prosecution efforts. By assisting victims to understand and participate in the criminal justice system, victims are afforded the opportunity to stabilize their lives by developing a sense of security. The second goal is to educate the community, law enforcement officers, judges, other court personnel, and prosecutors on family violence issues. In addition, it will increase victim safety and reduce the number of domestic violence incidents reported in Corpus Christi. Cooperative Working Agreement (CWA): When a grantee intends to carry out a grant project through cooperating or participating with one or more outside organizations, the grantee must obtain authorized approval signatures on the cooperative working agreement (CWA) from each participating organization. Grantees must maintain on file a signed copy of all cooperative working agreements, and they must submit to CJD a list of each participating organization and a description of the purpose of each CWA. Cooperative working agreements do not involve an exchange of funds. For this project, provide the name of the participating organization(s) and a brief description of the purpose(s) for the CWA(s). You should only provide information here that this project's successful operation is contingent on for the named service or participation from the outside organization. Note: A Sample CWA is available here for your convenience. Enter your cooperating working agreement(s): Child Protective Services and Adult Protective Services -To collaborate efforts to better serve the child and elderly population being abused by family members. U.S. Naval Criminal Investigative Services and Nueces County Sheriff's Office- To collaborate efforts to better serve victims of family violence and increase victim safety issues. Coastal Bend Immigration Services -To collaborate efforts to better serve immigrant victims of family violence and to help them obtain residency and citizenship. Texas Rural Grande Legal Aid and County Attorney's Office -To collaborate efforts to better serve victims of domestic violence in need of Protective Orders and legal representation in divorce /custody proceedings. Nueces County Adult Probation and Department of Public Safety-To collaborate efforts to increase victim safety. Nueces County Juvenile Department -To collaborate efforts to increase victim safety and provide services to minors. Corpus Christi Housing Authority-To collaborate efforts to educate women in low- income housing about family violence and their options. Nueces County Department of Human Services -To collaborate efforts to increase victim safety and to ensure victims of domestic violence get the needed financial and medical assistance. District Attorney's Office and Municipal Court- To collaborate efforts to ensure victims are afforded their rights and informed from the time of their victimization unit the adjudication of their case. Family Counseling Services and Turning Point Counseling Services -To collaborate efforts to ensure victims of domestic violence receive the necessary counseling. The Women's Shelter -To collaborate efforts to increase victims safety and ensure victims of domestic violence and their children receive the necessary counseling and safe housing. Retired Seniors Volunteer Program -To collaborate efforts to serve victims of domestic violence effectively. Continuation Projects: For continuation projects only, if your current or previous year's project is NOT on schedule in accomplishing the stated objectives, briefly describe the major obstacles preventing your organization from successfully reaching the project objectives as stated within your previous grant application. (Data may be calculated on a pro -rated basis depending on how long the current or previous year's project has been operating.) Enter your current grant's progress: https : / /cj donline. governor. state. tx.us/ Project /GrantPriB tableSummary. aspx ?PrintCode =0 &gh =F2... 2/15/2008 eGrants - Project Summary (MAKE SURE YOU CLOSE THIS PAGE ! ! !) Page 9 of 20 Not Applicable Project Summary: Briefly summarize the entire application, including the project's problem statement, supporting data, goal, target group, activities, and objectives. Be sure that the summary is easy to understand by a person not familiar with your project and that you are confident and comfortable with the information if it were to be released under a public information request. Enter your summary statement for this project: Due to the large number of victims of Domestic Violence in Corpus Christi, there are inadequate resources to ensure that all victims receive the relevant information on available resources in a timely fashion. Victims are often traumatized and have little if any confidence to seek help or protection on their own. Also, the lack of knowledge on the criminal and judicial process can contribute to a sense of intimidation, confusion, fear, and frustration. The Victim Case Manager's priority is to provide the victim with all necessary services, such as protective orders, counseling, crime victims compensation, guidance, and referrals so that the victim may have a clear idea of victim's rights and all other options and services available, the victims are more likely to cooperate with law enforcement and prosecutors and can reestablish a sense of self security and stability. Furthermore, it is important to educate the community and other social service agencies an domestic violence issues in efforts to raise awareness and reduce fear of making a police report and filing charges. Project Activities Information Introduction The Project Activities section of the application gathers information about the type of activities your project will incorporate. Click on the Save and Continue button at any time to save the information entered on this page. If you do not click on this button and navigate away from the page,. your work will be lost. When you click the Save and Continue button, you may receive several error messages that instruct you to complete the required fields. Your data on any given tab will not save to the system until all required fields are complete and correct. In addition, you have a 2 -hour time limit for each tab where you will need to complete the information correctly and then click the Save and Continue button. There is a timestamp in the upper -right hand corner of the page that notes when you first clicked on the tab. From that point, you have 2 hours to complete the information on that tab correctly. If you do not complete the information correctly (for the required fields) and then you click on the Save and Continue button, you will be redirected to the eGrants Home Page. If this happens, your data will not be saved in the system. You may also choose to compose a message on this page for OD to review. This can be done by typing in the Notes By Grantee / C.ID message box. Getting Started On this tab you will notice certain icons that are displayed. • ▪ = a pencil icon - click on this icon to edit your selections. • = a pencil icon with a red slash through it - click on this icon to cancel your edits. • X = a red delete icon - click on this icon to delete the item. • e. a diskette icon - click on this icon to save your work. When this icon appears, it is your queue to save the item that you are working on; otherwise, your data will be lost. • = an information icon - this help icon is next to certain items that may need further explanation. Simply click and review the information provided in the pop up window. Reserved This section left intentionally blank. Selected Project Activities: ACTIVITY PERCENTAGE: DESCRIPTION Geographic Area: The project will serve victims from the City of Corpus Christi and Nueces County area (Population 319,704, 155 Square miles). Target Audience: The project will target victims of domestic violence (family violence), sexual assault, dating violance, stalking. Gender: https: / /cjdonline. governor. state.tx.us/Project/GrantPrin ableSummary .aspx ?PrintCode= 0 &gh =F2... 2/15/2008 ..r....�� - ..,��� auifuneu y 11v1M UtctS YUU ULUSI THIS PAGE ! ! !) The project will provide services without regard to race. It will serve the female and male population. Ages: The project will serve victims of all ages. Page 10 of 20 Special Characteristics: The project will make special efforts to address the needs of and serve the foliowing underserved populations: Hispanic, Spanish - speaking, Gay /Lesbian /Transgender community, Immigrants, the mentally or physically challenged, and the Elderly. Measures Information Introduction The Project Measures section of the application collects data to track the performance of your proposed project toward its stated objectives. Output measures demonstrate the level of activity of a project. Outcome measures demonstrate the impact of a project in a targeted area, reflecting the extent to which the goals and objectives of the project have been achieved. Output and outcome measures displayed on this page correspond to activities selected or created on the Activities page. Click on the Save and Continue button at any time to save the information entered on this page. If you do not click on this button and navigate away from the page, your work will be lost. When you click the Save and Continue button, you may receive several error messages that instruct you to complete the required fields. Your data on any given tab will not save to the system until all required fields are complete and correct. In addition, you have a 2 -hour time limit for each tab where you will need to complete the information correctly and then click the Save and Continue button. There is a timestamp in the upper -right hand corner of the page that notes when you first clicked on the tab. From that point, you have 2 hours to complete the information on that tab correctly. If you do not complete the information correctly (for the required fields) and then you click on the Save and Continue button, you will be redirected to the eGrants Home Page. If this happens, your data will not be saved in the system. You may also choose to compose a message on this page for CJD to review. This can be done by typing in the Notes By Grantee / C]D message box. Getting Started On this tab you will notice certain icons that are displayed. • ‘ = • a pencil icon - click on this icon to edit your selections. • = • a pencil icon with a red slash through it - click on this icon • e= a diskette icon - click on this icon to save your work. When are working on; otherwise, your data will be lost. • 0 = an information icon - this help icon is next to certain items the information provided in the pop up window. Progress Reporting Requirements to cancel your edits. this icon appears, it is your queue to save the item that you that may need further explanation. Simply click and review Outcomes Reported to Texas A &M University, Public Policy Research Institute (PPRI): In addition to the measures listed below, all programs will be required to report the number of victims /survivors who returned to th agency as a result of a new victimization either by the same perpetrator or a new perpetrator. Note: This does not include victims returning to your agency to continue their treatment. This measure will be used to measure the efficacy of the services provided in restoration of the victim to full mental, physical, and emotional health. Objective Output Measures OUTPUT MEASURE `CURRENT DATA TARGET LEVEL Custom Objective Output Measures CUSTOM OUTPUT MEASURE I CURRENT DATA TARGET LEVEL https: / /cjdonline.governor. state. tx. us / Project/ GrantPnntableSumznary.aspx ?PrintCode =0 &gh —F2... 2/15/2008 eGrants - Project Summary (MAKE SURE YOU CLOSE THIS PAGE ! ! ! ) Objective Outcome Measures Page 11 of 20 OUTCOME MEASURE CURRENT DATA TARGET LEVEL Custom Objective Outcome Measures CUSTOM OUTCOME MEASURE CURRENT DATA TARGET LEVEL Documents Information Introduction The Supporting Documentation section of the application contains general grantee requirements. Please select or enter the appropriate responses in the areas below. Click on the Save and Continue button at any time to save the information entered on this page. If you do not click on this button and navigate away from the page, your work will be lost. When you click the Save and Continue button, you may receive several error messages that instruct you to complete the required fields. Your data on any given tab will not save to the system until all required fields are complete and correct. In addition, you have a 2 -hour time limit for each tab where you will need to complete the information correctly and then click the Save and Continue button. There is a timestamp in the upper -right hand corner of the page that notes when you first clicked on the tab. From that point, you have 2 hours to complete the information on that tab correctly. If you do not complete the information correctly (for the required fields) and then you click on the Save and Continue button, you will be redirected to the eGrants Home Page. If this happens, your data will not be saved in the system. You may also choose to compose a message on this page for CID to review. This can be done by typing in the Notes By Grantee / C]D message box. Getting Started On this tab you will notice a certain icon that is displayed. • 6 = an information icon - this help icon is next to certain items that may need further explanation. Simply click and review the information provided in the pop up window. Certification and Assurances Each applicant must click on this link to review the standard Certification and Assurances. Resolution from Governing Body Except for state agencies, each applicant must provide information related to the resolution from its governing body, such as the cit council, county commissioners' court, school board, or board of directors. Please ensure that the resolution approved by your gover body addresses items one through four below. 1. Authorization by your governing body for the submission of the application to CM that clearly identifies the name of the pro; which funding is requested; 2. A commitment to provide all applicable matching funds; 3. A designation of the name and /or title of an authorized official who is given the authority to apply for, accept, reject, alter, c terminate a grant (Note: If a name is provided, you must update CID should the official change during the grant period.); al 4. A written assurance that, in the event of loss or misuse of grant funds, the governing body will return all funds to CJD. Upon approval from your agency's governing body, upload the approved resolution to eGrants by clicking on the Upload Files sub - located in the Summary tab. Contract Compliance —86- https : / /cj donline. governor. state.tx.us/Proj ect/GrantPrintabl eSummary. aspx ?PrintCode= 0 &gh —F2... 2/15/2008 currants - Project Summary (MAKE SURE YOU CLOSE THIS PAGE !!!) Page 12 of 20 Will OD grant funds be used to support any contracts for professional services? Select the Appropriate Response: _ Yes No For applicant agencies that selected Yes above, describe how you will monitor the activities of the sub - contractor(s) for compliance the contract provisions (including equipment purchases), deliverables, and all applicable statutes, rules, regulations, and guidelines governing this project. Enter a description for monitoring contract compliance: Lobbying For applicant agencies requesting grant funds in excess of $100,000, have any federally appropriated funds been paid or will be pai. any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or em of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any fr grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant loan, or cooperative agreement? Select the Appropriate Response: _Yes No _ N/A For applicant agencies that selected either No or N/A above, have any non - federal funds been paid or will be paid to any person fo influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congi connection with this federal contract, loan, or cooperative agreement? Select the Appropriate Reponse: _ Yes _ No _ N/A Fiscal Year Provide the begin and end date for the applicant agency's fiscal year (e.g., 09/01/20xx to 08/31/20xx). Enter the Begin Date [mm /dd /yyyy]: Enter the End Date [mm /dd /yyyy]: Sources of Financial Support Each applicant must provide the amount of grant funds expended during the most recently completed fiscal year for the following sc Enter the amount ($) of Federal Grant Funds: Enter the amount ($) of State Grant Funds: Single Audit Has the applicant agency expended federal grant funding of $500,000 or more, or state grant funding of $500,000 or more during t most recently completed fiscal year? Select the Appropriate Response: _Yes _ No Note: Applicants who expend less than $500,000 in federal grant funding or Tess than $500,000 in state grant funding are exempt the Single Audit Act and cannot charge audit costs to a CID grant. However, CID may require a limited scope audit as defined in Oh Circular A -133. Applicant agencies that selected Yes above, provide the date of your organization's last annual single audit, performed by an indepi auditor (in accordance with the Single Audit Act Amendments of 1996 and OMB Circular A -133). Enter the Date of the Last Single Audit Equal Employment Opportunity Plan (EEOP) Type 1 Entity: Defined as an applicant that meets one or more of the following criteria: https: / /cjdonline. governor .state.tx.us /Project/GrantPri $ tableSummary .aspx ?PrintCode= O &gh =F2... 2/15/2008 eGrants - Project Summary (MAKE SURE YOU CLOSE THIS PAGE !!!) Page 13 of 20 • the applicant has less than 50 employees; • the applicant is a non - profit organization; • the applicant is a medical institution; • the applicant is an Indian tribe; • the applicant is an educational institution, or • the applicant is receiving a single award of less than $25,000. Requirements for a Type I Entity: • The applicant is not required to prepare an EEOP because it is a Type I Entity as defined above, pursuant to 28 CFR 42.302; and • the applicant will comply with applicable federal civil rights laws that prohibit discrimination in employment and in the delivery of services. Type II Entity: Defined as an applicant that meets the following criteria: • the applicant has 50 or more employees, and • the applicant is receiving a single award of $25,000 or more, but less than $500,000. Requirements for a Type II Entity: Federal law requires a Type II Entity to formulate an EEOP and keep it on file. • The applicant agency is required to formulate an EEOP in accordance with 28 CFR 42.301, et seq., subpart E; • the EEOP is required to be formulated and signed into effect within the past two years by the proper authority; • the EEOP is available for review by the public and employees or for review or audit by officials of C3D, CJD's designee, or the Off Civil Rights, Office of Justice Programs, U.S. Department of Justice, as required by relevant laws and regulations; • the applicant will comply with applicable federal civil rights laws that prohibit discrimination in employment and in the delivery of services; and • the EEOP is required to be on file in the office of (enter the name and address where the EEOP is filed below): Enter the name of the person responsible for the EEOP and the address of the office where the EEOP is filed: Type III Entity: Defined as an applicant that is NOT a Type I or Type II Entity. Requirements for a Tvoe III Entity: Federal law requires a Type III Entity to formulate an EEOP and submit it for approval to the Ofi Civil Rights, Office of Justice Programs, U.S. Department of Justice. • The EEOP is required to be formulated and signed into effect within the past two years by the proper authority; • the EEOP has been submitted to the Office of Civil Rights (OCR), Office of Justice Programs, U.S. Department of Justice and has approved by the OCR, or it will be submitted to the OCR for approval upon award of the grant, as required by relevant laws and regulations; and • the applicant will comply with applicable federal civil rights laws that prohibit discrimination in employment and in the delivery of services. Based on the definitions and requirements above, the applicant agency certifies to the following entity type: Select the appropriate response: _ Type I Entity _ Type II Entity _ Type III Entity Debarment Each applicant agency will certify that it and its principles: • Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by State or Federal Court, or voluntarily excluded from participation in this transaction by any federal department or agency; • Have not within a three -year period preceding this application been convicted of or had a civil judgment rendered against them f commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlem theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; or • Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses unumerated in section 1.2(a) in the Certification and Assurances document cited above in the Introduction; and have not within a three -year period preceding this application had one or more public transactions (federal, stet local) terminated for cause or default. Select the appropriate response: _ I Certify _ Unable to Certify If you selected Unable to Certify above, please provide an explanation as to why the applicant agency cannot certify the statemer Enter the debarment justification: Fiscal Capability Information https: / /cjdonline. governor .state.tx.us / Project /GrantPrin ableSununary .aspx ?PrintCode= O &gh =F2... 2/15/2008 curants - rroject summary (MAKE SURE YOU CLOSE THIS PAGE !! !) Page 14 of 20 Introduction This Fiscal Capability section of the application collects information from nonprofit corporations applying for CJD grant funds. Note: If you are NOT a nonprofit corporation, this information is not applicable; 'Printer Friendly' version will be blank for all information collected in he Fiscal Capability the section. Click on the Save and Continue button at any time to save the information entered on this page. If you do not click on this button and navigate away from the page, your work will be lost. When you click the Save and Continue button, you may receive several error messages that instruct you to complete the required fields. Your data on any given tab will not save to the system until all required fields are complete and correct. In addition, you have a 2 -hour time limit for each tab where you will need to complete the information correctly and then click the Save and Continue button. There is a timestamp in the upper -right hand corner of the page that notes when you first clicked on the tab. From that point, you have 2 hours to complete the information on that tab correctly. If you do not complete the information correctly (for the required fields) and then you click on the Save and Continue button, you will be redirected to the eGrants Home Page. If this happens, your data will not be saved in the system. You may also choose to compose a message on this page for CJD to review. This can be done by typing in the Notes By Grantee / CJD message box. Organizational Information Enter the Year in which the Corporation was Founded: Enter the Date that the IRS Letter Granted 501(c)(3) Tax Exemption Status: Enter the Employer Identification Number Assigned by the IRS: Enter the Charter Number assigned by the Texas Secretary of State: Accounting System The grantee organization must incorporate an accounting system that will track direct and indirect costs for the organization (gener ledger) as well as direct and indirect costs by project (project ledger). The grantee must establish a time and effort system to track personnel costs by project. This should be reported on an hourly basis, or in increments of an hour. Is there a list of your organization's accounts identified by a specific number (i.e., a general ledger of accounts). Select the appropriate response: _ Yes _ No Does the accounting system include a project ledger to record expenditures for each Program by required budget cost categories? Select the appropriate response: _ Yes _ No Is there a timekeeping system that allows for grant personnel to identify activity and requires signatures by the employee and his o supervsior? Select the appropriate response: _ Yes _ No If you answered No to any question above in the Accounting System section, in the space provided below explain what action will! taken to ensure accountability. Enter your explanation: Financial Capability 8 Mips : / /cjdonline. governor .state.tx.us /Project/GrantPri ableSummary .aspx ?PrintCode= O &gh =F2... 2/15/2008 eGrants - Project Summary (MAKE SURE YOU CLOSE THIS PAGE ! ! !) Page 15 of 20 Grant agencies should prepare annual financial statements. At a minimum, current internal balance sheet and income statements al required. A balance sheet is a statement of financial position for a grant agency disclosing assets, liabilities, and retained earnings a given point in time. An income statement is a summary of revenue and expenses for a grant agency during a fiscal year. Has the grant agency undergone an independent audit? Select the appropriate response: _Yes _ No Does the organization prepare financial statements at least annually? Select the appropriate response: Yes - No According to the organization's most recent Audit or Balance Sheet, are the current total assets greater than the liabilities? Select the appropriate response: _Yes - No if you selected No to any question above under the Financial Capability section, in the space provided below explain what action w taken to ensure accountability. Enter your explanation: Budgetary Controls Grant agencies should establish a system to track expenditures against budget and / or funded amounts. Are there budgetary controls in effect (e.g., comparison of budget with actual expenditures on a monthly basis) to include drawing i grant funds in excess of: a) Total funds authorized on the Statement of Grant Award? _ Yes - No b) Total funds available for any budget category as stipulated on the Statement of Grant Award? _ Yes No If you selected 'No' to any question above under the Budgetary Controls section, in the space provided below please explain what a• will be taken to ensure accountability. Enter your explanation: Internal Controls Grant agencies must safeguard cash receipts, disbursements, and ensure a segregation of duties exist. For example, one person sh• not have authorization to sign checks and make deposits. Are accounting entries supported by appropriate documentation (e.g., purchase orders, vouchers, receipts, invoices)? Select the appropriate response: _Yes No Is there separation of responsibility in the receipt, payment, and recording of costs? Select the appropriate response: _Yes No If you selected 'No' to any question above under the Internal Controls section, in the space provided below please explain what acti. be taken to ensure accountability. Enter your explanation: Budget Details Information Introduction This Budget section of your application details budget line items for your proposed project. To create a new budget line item, click https: / /cj donline .governor.state.tx.us /Proj ectlGrantPrin9ableSummary.aspx ?PrintCode= 0 &gh =F2... 2/15/2008 eurants - rroject summary (MAKE SURE YOU CLOSE THIS PAGE ! ! !) Page 16 of 20 on the icon in the New Budget Item column. You will be directed to a different area on this page to make selections specific to the budget category. After making your selection, write a brief description of the line item in the Expenditure Description box and enter the amount of OD funds, Cash Match, and if applicable, In Kind Match in the areas provided. In the percentage box, you can enter a percentage for Personnel or number of items to be purchased for Supplies and /or Equipment. When you have finished, click on the Add New Budget Line Item button. Repeat this process for each budget line item needed in each budget category. If you need to edit your entries, click on the r +' icon to expand the budget grid. You will notice that a pencil icon will display after expanding the grid. Click on the pencil icon to be directed to the editing section on this page and follow the instructions in this area to complete your edits. Click on the Save and Continue button at any time to save the information entered on this page. If you do not click on this button and navigate away from the page, your work will be lost. When you click the Save and Continue button, you may receive several error messages that instruct you to complete the required fields. Your data on any given tab will not save to the system until all required fields are complete and correct. In addition, you have a 2 -hour time limit for each tab where you will need to complete the information correctly and then click the Save and Continue button. There is a timestamp in the upper -right hand corner of the page that notes when you first clicked on the tab. From that point, you have 2 hours to complete the information on that tab correctly. If you do not complete the information correctly (for the required fields) and then you click on the Save and Continue button, you will be redirected to the eGrants Home Page. If this happens, your data will not be saved in the system. You may also choose to compose a message on this page for C]D to review. This can be done by typing in the Notes By Grantee / C3D message box. Getting Started On this tab you will notice certain icons that are displayed. • *J = a plus icon - click on this icon to expand a list of items. • _J = a minus icon - click on this icon to collapse a list of items. • —I= a new icon - click on this icon to add a new item. • = a pencil icon - click on this icon to edit your selections. • fse = an information icon - this help icon is next to certain items that may need further explanation. Simply click and review the information provided in the pop up window. Budget Information by Budget Line Item: CATEGORY CSUB ATEGORY DESCRIPTION C30 CASH MATCH IN -KIND MATCH GPI TOTAL UNIT /% Indirect Costs Approved Rate - 2% or Less Indirect Cost amount does not exceed 2%, which is the maximum amount CM allows without an approved indirect cost rate. $1,979.70 $0.00 $0.00 $0.00 $1,979.70 0 Personnel Assistant Staff Assistant - Clerk/Receptionist/Secretary - Total Salary of $16,982.68. Staff Assistant will perform a variety of clerical functions as needed, develop reports from database relating to Protective Orders and Magistrate Orders of Emergency Protection, maintain mail -out database, preparing records and reports; maintains data entry of victim advocacy database. Fringe Benefits for total salary - $7,458.61 (1. TX Municipal Retirement System © 14.80 % = $2,513.61; 2. FICA © 7.65% _ $1,299; 3. Insurance = $3,646.) (Salary and Fringe Benefits Total = $24,441) $16,982.68 68 $7,458.61 $ $0.00 $0.00 $24,441.29 100 Senior Victim Case Manager https: / /cjdonline.govemor. state. tx. us /Praject/GrantPtI ntableSummary .aspx ?PrintCode= O &gh =F2... 2/15/2008 eGrants - Project Summary (MAKE SURE YOU CLOSE THIS PAGE !!!) Page 17 of 20 Personnel Case Manager - Total salary of $36,279. Case Manager provides crisis counseling, follow -up contact, personal advocacy, telephone contact, information and referral. Fringe Benefits for total salary - $11,791.64 (1. TX Municipal Retirement System @ 14.80 % _ $5,369; 2. FICA @ 7.65% = $2,775.64; 3. Insurance = $3,646.) (Salary and Fringe Benefits Total = $48,069.64) $36,279.00 $11,790.64 $0.00 $0.00 $48,069.64 10C Personnel Case Manager Victim Case Manager - Total salary of $31,417. Case Manager provides crisis counseling, follow -up contact, personal advocacy, telephone contact, information and referral. Fringe Benefits for total salary - $10,699 (1. TX Municipal Retirement System @ 14.80 % = $4,650; 2. FICA @ 7.65% = $2,403.12; 3. Insurance = $3,646.) (Salary and Fringe Benefits Total = $42,116.12) $31,417.00 $10,699.12 $0.00 $0.00 $42,116.12 100 Supplies and Direct Operating ExExpenses p Cellular, Fax, Pager, and /or Office Telephone Communication Cost will be used for the 2 full time Victim Case Managers [1. Cellular phone airtime ($50.00 x 12 months = $600 x 2 = $1,200. $1,200.00 $0.00 $0.00 $0.00 $1,200.00 0 Equipment Desktop System and Accessories Computer Rentals will be used for the two full time victim case managers, the full time Staff Assistant, and Volunteers ($61 x 12 months = $732 x 3 = $2196. $2,196.00 $0.00 $0.00 $0.00 $2,196.00 100 Travel and Training In -State Incidentals and /or Mileage In -State Incidentals and /or Mileage: 208.08 miles per month @ 0.501 = $1,250.99 for each Victim Case Manager. Total Mileage = $1,250.99 x 2 = $2,502. $0.00 $2,502.00 $0.00 $0.00 $2,502.00 0 Travel and Training In -State Registration Fees, Training, and /or Travel In -State Registration Fees, Training, and /or Travel Costs - $2,002 (1. Costs sending Victim Case Managers to in -state training conferences. At this time, we will be unable to be specific on training opportunities and costs to be paid by grant funding; 2. Costs will be expanded using the Runzheiner Travel Index to provide per diem quotations: additional costs will include tuition, lodging, airfare, rental car, mileage reimbursement, and related fees). $0.00 $2,002.00 $0.00 $0.00 $2,002.00 0 https:/ /cjdonline.governor.state.tx.us/ Project /Granter & bleSuminazy .aspx ?PrintCode =0 &gh =F2... 2/15/2008 eUrants - Project Summary (MAKE SURE YOU CLOSE THIS PAGE 1!!) Personnel Equipment Supplies and Direct Operating Expenses Travel and Training Supplies and Direct Operating Expenses Intern, Mentor, Service Provider, Student Worker, and /or Support Staff Laptop System and Accessories Office Supplies (e.g., paper, postage, calculator) Out -of- State Registration Fees, Training, and /or Travel Presentation and /or Training Supplies Printer, Fax, Volunteer Staff (1,400 hours @ $12.00 /hour) will provide assistance with mail outs, data entry, filing, CVC applications, and other general office duties as needed in order to successfully meet project goals. Computer Laptop Rentals will be used for the 2 full time Victim Case Managers and the volunteer staff ($75.83 x 12 months = $910. 1. Office Supplies - ($ 4,000) Include general office supplies for the project staff. The supplies include but are not limited to pens, highlighters, correction tape, batteries, glue sticks, stamps, inkpads, staplers, staples, envelopes, scissors, notepads, tape, cassettes, CD's diskettes, ink cartridges, toners, drums, sorter pals, brochure holders, calendars, paper, indexes, and other office supplies. 2. Postage - ($4,000) Funds will be used to follow -up with the victims who make a crimes against persons report. Out -of -State Registration Fees, Training and /or Travel Costs - will be used for sending victim case managers to out of state training conferences. Same policies as In -State travel. The National Organization for Assistance is holding it's The 34th Annual North American Victim Assistance Conference, "Advocacy: Turning Survivors into Thrivers" on September 28 - October 2, 2008 in Louisville, KY. NOVA has developed a National Advocate Credentialing Program (NACP). I have not found any established Advocate Credentialing Programs in Texas. Presentation and/or Training Supplies - Printing Educational Literature ($2,000) to be distributed by victim case managers to victims of crime and at Trainlngs, Brochures, Educational Resource Material. $0.00 $910.00 $8,000.00 $0.00 $2,000.00 Page 18 of 20 $0.00 $16,800.00 $0.00 $16,800.00 $0.00 $0.00 $2,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $910.00 $8,000.00 $2,500.00 $2,000.00 100 100 0 0 0 https: / /cj donline .governor.state.tx.us/Proj ect/GrantPrintableSummary. aspx ?PrintCode= O &gh =F2... 2/15/2008 eGrants - Project Summary (MAKE SURE YOU CLOSE THIS PAGE ! ! !) Page 19 of 20 Equipment and /or Scanner Equipment and Accessories Color Laser Jet Printer, large capacity for heavy workflow utilized by project staff. $0.00 $2,000.00 $0.00 $0.00 $2,000.00 100 Source of Match Information Introduction The Source of Match section of your application collects information regarding the source and amount of Cash Match and In Kind Match. Please enter the description and amounts of match in the spaces provided below and select whether the item is 'Cash Match' or 'In -Kind Match'. After entering an item click on the Add New Item button. When an item has been added, it will appear in the 'Edit the Source(s) of Match Reported' table. You may edit each of the items added to this table by clicking on the 'pencil' icon. If you edited an item in the table, click on the 'diskette' icon to save your edited entries. For further information regarding matching funds refer to 1 TAC, §3.3; for program income refer to 1 TAC, §3.73 and §3.87. Click on the Save and Continue button at any time to save the information entered on this page. If you do not click on this button and navigate away from the page, your work will be lost. When you click the Save and Continue button, you may receive several error messages that instruct you to complete the required fields. Your data on any given tab will not save to the system until all required fields are complete and correct. In addition, you have a 2 -hour time limit for each tab where you will need to complete the information correctly and then click the Save and Continue button. There is a timestamp in the upper -right hand corner of the page that notes when you first clicked on the tab. From that point, you have 2 hours to complete the information on that tab correctly. If you do not complete the information correctly (for the required fields) and then you click on the Save and Continue button, you will be redirected to the eGrants Home Page. If this happens, your data will not be saved in the system. You may also choose to compose a message on this page for OD to review. This can be done by typing in the Notes By Grantee / OD message box. Getting Started On this tab you will notice certain icons that are displayed. • = a pencil icon - click on this icon to edit your selections. • 44 = an information icon - this help icon is next to certain items that may need further explanation. Simply click and review the information provided in the pop up window. Detail Source of Match /GPI: DESCRIPTION MATCH TYPE AMOUNT City of Corpus Christi Cash Match $38,952.37 In -Kind Volunteer Hours In Kind Match $16,800.00 Summary Source of Match /GPI: Total Report Cash Match In Kind GPI Federal Share GPI State Share $55,752.37 $38,952.37 $16,800.00 $0.00 $0.00 https: / /cjdonline. governor .state.tx.us /ProjectJGrantPri —94— bleSummary.aspx ?PrintCode= O &gh =F2... 2/15/2008 eUrants - Project Summary (MAKE SURE YOU CLOSE THIS PAGE ! ! !) Budget Summary Information Budget Summary Information by Budget Category: Page 20 of 20 CATEGORY C]D CASH MATCH IN -KIND MATCH GPI TOTAL Equipment $3,106.00 $2,000.00 $0.00 $0.00 $5,106.00 Indirect Costs $1,979.70 $0.00 $0,00 $0.00 $1,979.70 Personnel $84,678.68 $29,948.37 $16,800.00 $0.00 $131,427.05 Supplies and Direct Operating Expenses $11,200.00 $0.00 $0.00 $0.00 $11,200.00 Travel and Training $0.00 $7,004.00 $0.00 $0.00 $7,004.00 Budget Grand Total Information: C)D CASH MATCH $100,964.38 $38,952.37 IN -KIND MATCH GPI TOTAL $16,800.00 $0.00 $156,716.75 Condition Of Fundings Information DESCRIPTION CREATED MET HOLD FUND You are logged in as User Name: peldridge —95- https: / /cjdonline. governor. state. tx.us / Project/ GrantPrintableSummary.aspx ?PrintCode =o &gh =F2... 2/15/2008 RESOLUTION AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION IN THE AMOUNT OF $100,964 TO THE STATE OF TEXAS, CRIMINAL JUSTICE DIVISION FOR YEAR 9 FUNDING AVAILABLE UNDER THE VIOLENCE AGAINST WOMEN ACT (VAWA) FUND FOR THE POLICE DEPARTMENT'S FAMILY VIOLENCE UNIT WITH A CITY MATCH OF $38,953 AND $16,800 IN -KIND SERVICES FOR A TOTAL PROJECT COST OF $156,717 AND AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO APPLY FOR, ACCEPT, REJECT, ALTER OR TERMINATE THE GRANT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to submit a grant application in the amount of $100,964 to the State of Texas, Criminal Justice Division for Year 9 funding available under the Violence Against Women Act (VAWA) Fund for the Police Department's Family Violence Unit with a City match of $38,953 and $16,800 in -kind services for a total project cost of $156,717 and is authorized to apply for, accept, reject, alter or terminate the grant. SECTION 2. In the event of the Toss or misuse of these funds, the City of Corpus Christi assures that the funds will be retumed, in full, to the State of Texas, Office of the Governor, Criminal Justice Division. ATTEST: Armando Chapa City Secretary APPROVED: / -7,6 ,....z) /i/ , 2008. By: %--� Josep Harney Assistant City Attorney For City Attorney Reso - grant - VAWA.doc -96- THE CITY OF CORPUS CHRISTI Henry Garrett Mayor Corpus Christi, Texas of , 2008 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 Reso- grant- VAWA.doc -97- 2 CITY COUNCIL AGENDA MEMORANDUM Date: 02/26/08 AGENDA ITEM: A. Motion authorizing the City Manager or his designee to accept a grant in the amount of $25,635 from Sam Houston State University and the National Institute of Justice for a Project Safe Neighborhoods anti -gang initiatives grant and to execute all related documents. B. Ordinance appropriating $25,635 from Sam Houston State University and the National Institute of Justice for a Project Safe Neighborhoods anti -gang initiatives grant in the No. 1061 Police Grants Fund. ISSUE: The funds are available for projects designed to combat gangs by building on the effective strategies and partnerships developed under the Project Safe Neighborhoods projects. BACKGROUND INFORMATION: The Corpus Christi Police Department in conjunction with the Corpus Christi Crime Stoppers Association will continue the campaign to set a monetary award for anonymous tips that lead to the arrest of any known gang member in possession of a firearm. The information gathered from callers would quickly be relayed to designated Gang Units or field units for follow -up investigation. Anonymous callers are guaranteed a cash reward of $250 for information leading to the arrest of any gang member in illegal possession of a handgun, and $500 for information leading to the arrest of any gang member in illegal possession of an assault -style rifle. REQUIRED COUNCIL ACTION: Accepting the grant award. FUNDING: Funding from the grant will pay for an aggressive interdiction campaign entitled S.O.S. (Save Our Streets) to include television, radio, newspaper ads and billboards. There is no City match required. CONCLUSION AND RECOMMENDATION: Staff recommends accepting the grant award and appropriating the funds. B. P. Smith Chief of Police Attachments: Ni Contract SUBRECIPIENT AGREEMENT 321- 20 -B121 BETWEEN SAM HOUSTON STATE UNIVERSITY AND CORPUS CHRISTI POLICE DEPARTMENT This SUBRECIPIENT AGREEMENT is made by and between SAM HOUSTON STATE UNIVERSITY, a member of The Texas State University System and an agency of the State of Texas, hereinafter referred to as "SHSU" and CORPUS CHRISTI POLICE DEPARTMENT, hereinafter referred to as "SUBRECIPIENT ". WHEREAS, SHSU has a project entitled "Project Safe Neighborhoods Texas Southern District Anti - Gang" under the direction of Kristi Kreier, hereinafter referred to as Project Director, which is funded by a Prime Agreement with the Office of Justice Programs, hereinafter referred to as Prime Sponsor, Grant Number 2007 -PG -BX -0074, and WHEREAS, SUBRECIPIENT is ready, able and willing to undertake a portion of said efforts. NOW THEREFORE, and in consideration of the premises of the mutual covenants and promises of the parties hereinafter set forth, it is hereby agreed as follows: 1. STATEMENT OF WORK. SUBRECIPIENT agrees to use its reasonable best efforts to perform the research program as appended hereto and incorporated as Appendix A. 2. TECHNICAL SUPERVISOR/PRINCIPAL INVESTIGATOR. The research will be supervised by John Hornsby as coordinated by Kristi Kreier. If, for any reason John Hornsby is unable to continue to serve as Technical Supervisor/Principal Investigator, and a successor acceptable to both SHSU and the SUBRECIPIENT is not available, this Agreement shall be terminated as provided in Article 8. 3. PERIOD OF PERFORMANCE. The research shall be conducted during the period September 1, 2007 through August 31, 2010 and will be subject to extension only by mutual written agreement of the parties. 4. PRICE AND PAYMENT. As compensation for the performance of this Agreement, SHSU agrees to reimburse SUBRECIPIENT for actual costs incurred not to exceed Twenty -Five Thousand Six Hundred Thirty -Five US Dollars ($25,635.00). Payments shall be made to SUBRECIPIENT upon submission of monthly invoices prepared in sufficient detail to indicate clearly the nature of all expenses in the format of the budget included as Appendix B hereto. Supporting detail, including copies of receipts and time records, shall be provided for payroll, travel, consultants and equipment purchases. Invoices shall be submitted to the following address: 3212013121 Corpus Christi PD Pg 1 —102— Kristi Kreier College of Criminal Justice SHSU Box 2296 Huntsville, Tx 77341 -2296 936 -294 -3579 kkreier@shsu.edu The final invoice must be submitted within 60 calendar days after the termination date of this Agreement and must be marked "Final" by the SUBRECIPIENT. 5. AUDIT. The Director of SHSU Office of Contracts and Grants and representatives of Department of Health and Human Services Substance Abuse and Mental Health Services Administration shall have access to any pertinent book, document, papers, and records of the SUBRECIPIENT to make audits, examinations, excerpts and transcripts. All of the foregoing provisions shall apply to any lower tier subrecipient performing substantive work under this SUBRECIPIENT AGREEMENT. The books of account, files and records of the SUBRECIPIENT which are applicable to this Agreement shall at all reasonable times be available for inspection, review and audit by the cognizant federal audit agency of SHSU to determine the proper application and use of all funds paid to or for the account or benefit of the SUBRECIPIENT; in addition, the SUBRECIPIENT shall provide such special reports as required by SHSU to permit evaluation of progress on the subject. SUBRECIPIENT agrees to maintain all financial records pertinent to this Agreement for a period of three (3) years from the later of final payment under any phase of this Agreement or submission of the final report to SHSU. SUBRECIPIENT shall reimburse to SHSU a sum of money equivalent to the amount of any expenditures disallowed should the funding agency or authorized agency rule through audit exception or some other appropriate means, that the expenditures were not made in compliance with the regulations of the funding agency or the provisions of this Agreement. 6. DELIVERABLES. The following deliverables are required under this Agreement: As identified in Appendix A 7. TITLE TO EQUIPMENT. SHSU shall retain title to all equipment purchased and/or fabricated with funds provided under this Agreement. For all non - budgeted equipment, written approval must be obtained by SHSU prior to purchasing. For equipment listed in the budget that exceeds the budgeted amount, prior written approval must be obtained by SHSU. 8. TERMINATION. Performance under this Agreement may be terminated by SHSU upon written notice. Performance may be terminated by SUBRECIPIENT if circumstances beyond its control preclude continuation of the research. Upon termination, 32120B121 Corpus Christi PD Pg 2 -103- SUBRECIPIENT will be reimbursed as specified in Article 4 for all costs and non - cancelable commitments incurred in the performance of the research, such reimbursement not to exceed the total estimated cost specified in Article 4. 9. PUBLICATIONS AND COPYRIGHTS. SHSU will be free to publish the results of research under this Agreement. 10. ASSURANCES: By acceptance of this Agreement the SUBRECIPIENT hereby certifies the following: SUBRECIPIENT is not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency. SUBRECIPIENT is not delinquent on any Federal debt. SUBRECIPIENT is in compliance with Sections 5151 -5160 of the Drug -Free Workplace Act of 1988 (Public Law 100 -960, Title V, Subtitle D). To the best of SUBRECIPIENT's knowledge and belief: No Federal appropriated funds have been or will be paid, by or on behalf of the SUBRECIPIENT, to any person for influencing or attempting to influence an officer or employee of any agency, 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. If 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 agency, a Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection with the Federal contract, grant, Ioan, or cooperative agreement, the Subcontractor shall complete and submit Standard Form -LLL "Disclosure Form to Report Lobbying," in accordance with its instructions. The SUBRECIPIENT shall require the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 11. INDEPENDENT CONTRACTOR: For the purposes of this Agreement and all services to be provided hereunder, the parties shall be, and shall be deemed to be, independent contractors and not agents or employees of the other party. Neither party shall have authority to make any statements, representations or commitments of any kind, or to take any action which shall be binding on the other party, except as may be explicitly provided for herein or authorized in writing. 12. ADDITIONAL PROVISIONS. This Agreement is further governed by the terms and conditions of the PRIME AGREEMENT. Said terms and conditions are incorporated by 3212013121 Corpus Christi PD Pg 3 -104- reference. Should a conflict between provisions occur, the terms of this Agreement shall take precedence over the terms and conditions of the Prime Agreement. 13. SEVERABILITY. If any of the provisions of this Agreement in the application thereof to any person or circumstance, is rendered or declared illegal for any reason, or shall be invalid or unenforceable, the remainder of this Agreement and the application of such provision to other persons or circumstances shall not be affected thereby, but shall be enforced to the greatest extent permitted by applicable law. 14. MISCELLANEOUS. This Agreement constitutes the entire agreement between the parties relative to the subject matter, and may only be modified or amended by a written agreement signed by both parties. It shall be construed in accordance with the laws of the State of Texas. SHSU is an agency of the State of Texas and nothing in this Agreement waives or relinquishes the right of SHSU to claim any exemptions, privileges and immunities as may be provided by law. 15. DISPUTE RESOLUTION. SUBRECIPIENT must use the dispute resolution process provided in Chapter 2260 of the Texas Government Code to attempt to resolve a dispute arising under this contract and such process is a required prerequisite to suit in accordance with Chapter 107, Texas Civil Practice and Remedies Code. SUBRECIPIENT must submit written notice of a claim of breach of contract under this chapter to Dr. Fernando Gomez, Texas State University System Vice Chancellor and General Counsel. 16. EXPORT ADMINISTRATION. It is understood that SHSU is subject to United States laws and regulations controlling the export of technical data, computer software, laboratory prototypes and other commodities, and that its obligations hereunder are contingent upon compliance with the Export Administration Act of 1979, S0USC2401- 2420 (as implemented by the EAR). Furthermore, it is understood that the transfer of certain technical data and commodities may require a license from one or more agencies of the United States Government. Both SHSU and SUBRECIPIENT hereby agree and represent that the program and development contemplated hereunder, and any exchange of technical data, computer software or other commodities resulting therefrom, shall be conducted in full compliance with the export control laws of the United States. 17. ASSIGNMENT. No part of this Agreement may be assigned or subcontracted to a third party without the prior written approval of SHSU. 18. NOTICES. All notices to parties under this Agreement shall be in writing and sent to the names and addresses stated below. Either party to the Agreement may change such name and address by notice to the other in accordance herewith, and any such change shall take effect immediately upon receipt of such notice. 32120B 121 Corpus Christi PD Pg 4 -105- For SHSU: Contract Negotiations /Administration: Denise Ballard SHSU Contracts and Grants PO Box 2027 Huntsville, TX 77341 -2027 Phone: (936) 294 -3833 Email: dballard @shsu.edu For SUBRECIPIENT: John Hornsby Identification Division Supervisor P.O. Box 9016 Corpus Christi, Texas 78469 Telephone: (361) 886 -2636 Email: johnh @cctexas.com Technical: Kristi Kreier SHSU Department of Criminal Justice PO Box 2296 Huntsville, TX 77341 -2296 Phone: (936) 294 -3579 Email: kkreier@shsuiedu 19. FORCE MAJEURE. Neither party shall be liable for any unforeseen event beyond its reasonable control not caused by the fault or negligence of such party, which causes such party to be unable to perform its obligations under this Agreement and which it has been unable to overcome by the exercise of due diligence. Such unforeseen events include, but are not limited to, fire, storm, flood, earthquake or other natural catastrophes, accidents, acts of civil disturbance or disobedience, war, rebellion, insurrection, labor strikes or disputes, compliance with any laws, requirements, rules, regulations, or orders of any governmental authority or instrumentality thereof, sabotage, invasion, quarantine, and embargoes, or because of any act of God. 20. NON USE OF NAMES. Neither party shall use the names of the other party, nor of any of its employees or components, nor any adaptation thereof, in any advertising, promotional or sales literature without the prior written consent obtained from the other party, as applicable in each case. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their authorized representative. SAM HOUSTON STATE UNIVERSITY By: CORPUS CHRISTI PO ICE DEPARTMENT By: Dr. Richard Ward Bryan P. Smith S Title: Assoc. Vice President for Research Title: Chief of Police Date: Date: -106- 32120B121 Corpus Christi PD Pg 5 APPENDIX A Corpus Christi Police Department A. Problem & Proposed Strategy Corpus Christi is the eighth largest city in the state of Texas with a population of 282,500. The Corpus Christi Police Department's gang unit has identified 2,154 known and roughly 1,400 suspected gang members belonging to one of 230 known criminal Street or prison gangs. The Department has the highest number of known gang members entered in the statewide Texas Gang database maintained by DPS. From December 1, 2005 through November 3 0, 2006 there were 37,500 police reports written related to Violent Offenses and Weapons - Related Offenses. Of those, 7.26 percent were gang related. There were 77 drive -by shootings, 66 shootings, 83 cases of shots fired, 6 sexual assaults, 24 robberies, 51 weapons violations and four homicides. In addition, there were 190 aggravated assaults with firearms during this period, Gang members attempt to establish their "turf, or control criminal enterprises such as drug dealing or prostitution through the use of threats, violence and intimidation. Handguns and assault style rifles are the implements commonly used by gang members to communicate threats and instill fear into rival gang members, victims, witnesses, and innocent members of the neighborhood. Often times, the weapon is not even fired, merely displayed, in order to convey the threat of violence to the intended victim. Without the ready access of these weapons, the power of the gang member is substantially diminished, and numerous spur of the moment shootings can be prevented. The Corpus Christi Police Department in conjunction with the Corpus Christi Crime Stoppers Association proposes a forceful campaign to take firearms out of the hands of gang members. The program will offer a set monetary award for anonymous tips that lead to the arrest of any known gang member in possession of a firearm. The hotline is answered on a 24 hour basis; the information gathered from callers would quickly be relayed to designated Gang Units or field units for follow -up investigation. All caller information tips will have a tip sheet with a designated number. Thus, each information tip would be tracked and gathered for monthly arrests, confiscation and monetary awards given. Anonymous callers are guaranteed a cash reward of $200 for information leading to the arrest of any gang member in illegal possession of a handgun, and $500 for information leading to the arrest of any gang member in illegal possession of an assault -style rifle. Reward monies for this program would be paid for under well established guidelines under the authority of Corpus Christi Crime Stopper's Program. Funding from the grant would be used to pay for an aggressive interdiction campaign entitled S.O.S. (Save Our Streets) to include television, radio, newspaper ads and billboards as described below: • Develop one PSA to be aired by five local IV. stations for one year, estimated 600 spots. Develop Public Service Announcement for the top radio stations that cater to the population impact group in our proposal, estimated 750 spots during this one year period. 3212013121 Corpus Christi PD Pg 6 -107- • One billboard on I.H. 37, S.H. 286, Agnes, or Port Ave. According to TXDOT estimates an average of 60,000 vehicles pass by each of these locations. • Handout materials, to be distributed to High Schools, Neighborhood Initiative Program meetings, P.T.A. meetings, Briefings and Directed Patrol meetings, direct marketing such as posting handout materials at several businesses, i.e., Stripes Convenient Stores, Nuway, Markets, and other Neighborhood convenience stores. Once the tips are received, the information will be forwarded to our Juvenile Enforcement Team or Patrol field units for follow up investigation. The Corpus Christi Police Department established a Juvenile Enforcement Team in 1992 to combat Prison gangs and Street gangs. Currently the unit consists of fourteen (14) officers, one Lieutenant, and one Captain who are deployed throughout the week. Their main mission is the street interdiction and suppression of violent gangs. The officers work in full uniform dress and are assigned specific geographical areas of town. In addition, some of our lead officers in the unit are assigned additional responsibilities of learning and knowing the leadership and membership of certain Prison gangs that operate in the City of Corpus Christi. The unit is also responsible for the Gang Intelligence File. Notices and alerts are constantly released to Corpus Christi Police Department Officers and surrounding law enforcement agencies. The Corpus Christi Police Department Gang Unit is the recognized authority in the South Texas region for the collection and dissemination of gang intelligence. Among its many duties are: • Maintains a database of over 3,000 known and suspected gang members. • Distributes, by electronic mail, a daily summary of all gang related activity and gang contacts to any sworn member of the Police Department who requests information. • Distributes, by electronic mail, a daily summary of all gang related activity and gang contacts to the following law enforcement agencies: o ATF o Corpus Christi Independent School District Police o Nueces County Supervision and Corrections o Texas Department of Public Safety Intelligence Unit o Nueces County Juvenile Probation o Texas Department of Corrections o Texas Youth Commission o United States District Attorney o United States Probation • Assigns two full time Gang Unit officers to the FBI Safe Streets Task Force and provides additional Gang officers for assistance when needed. • Shares intelligence on a weekly basis with the following agencies: o Nueces County District Attorney o Texas Department of Parole o Nueces County Supervision and Corrections o Texas Youth Commission 32120B121 Corpus Christi PD Pg 7 -108- o United States Marshal o Immigration and Customs Enforcement • Hosts monthly meetings of the South Texas Violent Gangs Task Force, which are attended by the following federal, state and local agencies. a ATF o CCISD Police Department o Constables Office PCT. I o DEA o FBI o Kingsville Police Department o NCSCD o Nueces County District Attorney's Office o Nueces County Juvenile Probation Department o Nueces County Sheriffs Office o Port of Corpus Christi Police Department o San Patricio County Community Supervision/Corrections Department o Texas Department of Corrections o Texas Department of Public Safety Intelligence Unit o Texas Department of Public Safety Narcotics Unit o Texas Office of the Attorney General o United States District Attorney's Office o United States Marshals Service o United States Probation The Corpus Christi Police Department works closely with the FBI's Safe Street Task Force and the ATF on filing federal gun charges against known gang members. This program will enhance the ability of the CCPD to arrest known gang members and ensure that they receive stiff prison sentences. The current grant strategy began January 31, 2007 with a media campaign focusing on the Public Service Announcement, Posters, Billboards and Radio Spots. The Public Service Announcement was released to all three major networks on January 31st and will run for one calendar year. The Crime Stoppers office has received 13 Tips as of February 12th, 2007. One tip has led to the arrest of a wanted individual who was wanted for Parole Violation. The Gang Unit is still investigating seven of the tips. The first version of the billboard went up on February 5th, 2007. There are three locations that we are currently using. South Staples at Morgan Ave., Greenwood at State Highway 3 5 8 and Ayers and Mcardle. All three sip locations are illuminated. B. Goals and Objectives -109- 32120B121 Corpus Christi PD Pg 8 The goal of the grant is to provide a new proactive law enforcement initiative designed to target gun violence by offering the citizens of Corpus Christi a new avenue to report firearm related problems and thereby provide law enforcement with information not readily available. Objectives: To decrease the number of illegal firearms on the streets of Corpus Christi. • To increase the number of arrests of gang members in illegal possession of a firearm by 25 %. • To increase the number of illegal possession of firearms tips reported to Crime Stoppers by 25 %. C. Implementation Plan • Meet with Crime Stoppers Board • Begin/continue Crime Stoppers campaign • Meet with local media to prepare PSA's • Meet with local advertising companies for billboard estimates and available dates • Prepare, print, distribute handouts • Meet with gang task force to share information D. Program Evaluation/Performance Measures Data for the objectives listed above will be collected monthly from the Crime Stoppers TIPS database and from the Juvenile Enforcement Team statistical reports. The data will be shared on a monthly basis with the South Texas Gang Task Force. Additionally, the monthly Crime Stoppers Board meeting will serve as a venue to show the progress of the grant. 32120B121 Corpus Christi PD Pg 9 -1 1 0- APPENDIX B A. Other costS Advertising :Campaign (BUDGET) Project Safe Neighborhoods Texas Southern District Anti-Gang Corpus hnisui COM on .4, rediostotions, ?AM.& t9PP 'i'Y.Sta $ t ini IBC $ i:ove 1$sini t $1 ! z ere 44,400M6) ABC &CBS#itStools S. prix ABC S$0 „X• eve 02Fitiontk 04..19 t eve ZalenOnthJ 4 - o.toboorot t $100,1nicifilh b4 & .0 3p shok 00afdr4j Tips ocAitiOsetriontlorlifstioW tt►s intertliettor► Orittopeign eittitl ! 5. . #Sava Our SUeets# to Include tritevision , adio n ppperade, old #iilJbrzar�ta, i'us to ihp tattoo* tints* that else, ad it:being rap the priest an dithw r t. • Tam —1 1 1 — Cv1t 1400410 710040 32120B121 Corpus Christi PDPg 10 A. Other Costs Description Project Safe Neighborhoods Texas Southern District Anti -Gang Corpus Christi Computation Cost Advertising Campaign 4 radio stations X 52 weeks $ 1,500.00 NBC & KDF TV Stations $ 7,500.00 (Approx NBC $6 x ave 15 /month; KDF $10 x ave 44 /month) ABC & CBS TV Stations $ 9,000.00 ( Approx ABC $50 x ave 22/month; CBS $19 x ave 33 /month) billboards & 7000 handouts $ 7,635.00 (3 billboards at $1000 /month & 3 stands of 30 sheet posters) Total $ 25,635.00 The advertisement will allow the interdiction campaign entitled. S.O.S. (Save Our Streets) to include television, radio, newspaper ads, and billboards. Due to the different times that the ad is being ran the prices are different. TOTAL —112— ORDINANCE APPROPRIATING $25,635 FROM SAM HOUSTON STATE UNIVERSITY AND THE NATIONAL INSTITUTE OF JUSTICE FOR THE PROJECT SAFE NEIGHBORHOODS ANTI -GANG INITIATIVES GRANT IN THE NO. 1061 POLICE GRANTS FUND; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $25,635 is appropriated in the No. 1061 Police Grants Fund from Sam Houston State University and the National Institute of Justice for the Project Safe Neighborhoods anti -gang initiatives grant. 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 26th day of February, 2008. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Henry Garrett, Mayor Approved as to form , 2008 Joseph Hat'ney Assistant City Attorney For City Attorney ORDINANCE APPROPRIATING $25,635 FROM SAM HOUSTON STATE UNIVERSITY AND THE NATIONAL INSTITUTE OF JUSTICE FOR THE PROJECT SAFE NEIGHBORHOODS ANTI -GANG INITIATIVES GRANT IN THE NO. 1061 POLICE GRANTS FUND; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $25,635 is appropriated in the No. 1061 Police Grants Fund from Sam Houston State University and the National Institute of Justice for the Project Safe Neighborhoods anti -gang initiatives. grant. 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 26th day of February, 2008. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Henry Garrett, Mayor Approved as to form P -4.11, , 2008 Joseph Ha ey Assistant City Attorney For City Attorney CITY COUNCIL AGENDA MEMORANDUM Date: 02/26/08 AGENDA ITEM: A. Motion authorizing the City Manager or his designee to accept a continuation grant in the amount of $44,294 from Sam Houston State University and the National Institute of Justice for the Project Safe Neighborhoods grant for one Firearms Examiner and to execute all related documents. B. Ordinance appropriating $44,294 from Sam Houston State University and the National Institute of Justice for the Project Safe Neighborhoods grant for one Firearms Examiner in the No. 1061 Police Grants Fund with a City match of $4,711 from the Law Enforcement Trust Fund. ISSUE: The funds are available for projects designed to reduce gun violence in communities. BACKGROUND INFORMATION: The grant enhances the capabilities of the Police Forensic Firearms Unit by providing for the salary and benefits of one Firearms Examiner. The goals of the grant are: • Eliminate the current backlog of firearms cases • Increase the number of entries into NIBIN by 350 per year or 100% of all cases analyzed Increase the cold hit rate in the firearms unit by 20% The examiner will primarily focus on all firearms used in the commission of a crime and enter the results into the National Integrated Ballistics Identification Network (NIBIN). Currently there is a backlog of casework examinations as well as NIBIN entry due to a lack of personnel. By increasing the number of cases entered into NIBIN, more gun crimes can be solved, thereby removing criminals from the streets and providing an increased protection for our neighborhoods. Additionally with the backlog eliminated, the examiners can focus on proactive investigations with respect to firearms. REQUIRED COUNCIL ACTION: Accepting the grant award and appropriating funds. FUNDING: The grant provides funds toward salary and benefits for one Firearms Examiner and travel monies. The City match of $4,711 will come from the Law Enforcement Trust Fund. CONCLUSION AND RECOMMENDATION: Staff recommends accepting the grant award and appropriating funds. Bryan P. Smith. Chief of Police Attachments: Contract SUBRECIPIENT AGREEMENT 321-20-B142 BETWEEN SAM HOUSTON STATE UNIVERSITY AND CORPUS CHRISTI POLICE DEPARTMENT This SUBRECIPIENT AGREEMENT is made by and between SAM HOUSTON STATE UNIVERSITY, a member of The Texas State University System and an agency of the State of Texas, hereinafter referred to as "SHSU" and CORPUS CHRISTI POLICE DEPARTMENT, hereinafter referred to as "SUBRECIPIENT ". WHEREAS, SHSU has a project entitled `Project Safe Neighborhoods -- Texas Southern District Gun Violence" under the direction of Kristi Kreier, hereinafter referred to as Project Director, which is funded by a Prime Agreement with the Office of Justice Programs, hereinafter referred to as Prime Sponsor, Grant Number 2007 -GP -CX -0074, and WHEREAS, SUBRECIPIENT is ready, able and willing to undertake a portion of said efforts. NOW THEREFORE, and in consideration of the premises of the mutual covenants and promises of the parties hereinafter set forth, it is hereby agreed as follows: 1. STATEMENT OF WORK. SUBRECIPIENT agrees to use its reasonable best efforts to perform the research program as appended hereto and incorporated as Appendix A. 2. TECHNICAL SUPERVISOR/PRINCIPAL INVESTIGATOR. The research will be supervised by Pat Eldridge as coordinated by Kristi Kreier. If, for any reason Pat Eldridge is unable to continue to serve as Technical Supervisor /Principal Investigator, and a successor acceptable to both SHSU and the SUBRECIPIENT is not available, this Agreement shall be terminated as provided in Article 8. 3. PERIOD OF PERFORMANCE. The research shall be conducted during the period September 1, 2007 through August 31, 2010 and will be subject to extension only by mutual written agreement of the parties. 4. PRICE AND PAYMENT. As compensation for the performance of this Agreement, SHSU agrees to reimburse SUBRECIPIENT for actual costs incurred not to exceed Forty -Four Thousand Two Hundred Ninety -Four US Dollars ($44,294.00). Payments shall be made to SUBRECIPIENT upon submission of monthly invoices prepared in sufficient detail to indicate clearly the nature of all expenses in the format of the budget included as Appendix B hereto. Supporting detail, including copies of receipts and time records, shall be provided for payroll, travel, consultants and equipment purchases. Invoices shall be submitted to the following address: 32120B142 Corpus Christi Police Department Pg 1 —118— Kristi Kreier College of Criminal Justice SHSU Box 2296 Huntsville, Tx 77341 -2296 936- 294 -3579 kkreier@shsu.edu The final invoice must be submitted within 60 calendar days after the termination date of this Agreement and must be marked "Final" by the SUBRECIPIENT. 5. AUDIT. The Director of SHSU Office of Contracts and Grants and representatives of Department of Health and Human Services Substance Abuse and Mental Health Services Administration shall have access to any pertinent book, document, papers, and records of the SUBRECIPIENT to make audits, examinations, excerpts and transcripts. All of the foregoing provisions shall apply to any lower tier subrecipient performing substantive work under this SUBRECIPIENT AGREEMENT. The books of account, files and records of the SUBRECIPIENT which are applicable to this Agreement shall at all reasonable times be available for inspection, review and audit by the cognizant federal audit agency of SHSU to determine the proper application and use of all funds paid to or for the account or benefit of the SUBRECIPIENT; in addition, the SUBRECIPIENT shall provide such special reports as required by SHSU to permit evaluation of progress on the subject. SUBRECIPIENT agrees to maintain all financial records pertinent to this Agreement for a period of three (3) years from the later of final payment under any phase of this Agreement or submission of the final report to SHSU. SUBRECIPIENT shall reimburse to SHSU a sum of money equivalent to the amount of any expenditures disallowed should the funding agency or authorized agency rule through audit exception or some other appropriate means, that the expenditures were not made in compliance with the regulations of the funding agency or the provisions of this Agreement. 6. DELIVERABLES. The following deliverables are required under this Agreement: As identified in Appendix A 7. TITLE TO EQUIPMENT. SHSU shall retain title to all equipment purchased and/or fabricated with funds provided under this Agreement. For all non - budgeted equipment, written approval must be obtained by SHSU prior to purchasing. For equipment listed in the budget that exceeds the budgeted amount, prior written approval must be obtained by SHSU. 8. TERMINATION. Performance under this Agreement may be terminated by SHSU upon written notice. Performance may be terminated by SUBRECIPIENT if circumstances beyond its control preclude continuation of the research. Upon termination, 32120B 142 Corpus Christi Police Department Pg 2 -119- SUBRECIPIENT will be reimbursed as specified in Article 4 for all costs and non - cancelable commitments incurred in the performance of the research, such reimbursement not to exceed the total estimated cost specified in Article 4. 9. PUBLICATIONS AND COPYRIGHTS. SHSU will be free to publish the results of research under this Agreement. 10. ASSURANCES: By acceptance of this Agreement the SUBRECIPIENT hereby certifies the following: SUBRECIPIENT is not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency. SUBRECIPIENT is not delinquent on any Federal debt. SUBRECIPIENT is in compliance with Sections 5151 -5160 of the Drug -Free Workplace Act of 1988 (Public Law 100 -960, Title V, Subtitle D). To the best of SUBRECIPIENT's knowledge and belief: No Federal appropriated ft nds have been or will be paid, by or on behalf of the SUBRECIPIENT, to any person for influencing or attempting to influence an officer or employee of any agency, 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. If 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 agency, a Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection with the Federal contract, grant, loan, or cooperative agreement, the Subcontractor shall complete and submit Standard Form -LLL "Disclosure Form to Report Lobbying," in accordance with its instructions. The SUBRECIPIENT shall require the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 11. INDEPENDENT CONTRACTOR: For the purposes of this Agreement and all services to be provided hereunder, the parties shall be, and shall be deemed to be, independent contractors and not agents or employees of the other party. Neither party shall have authority to make any statements, representations or commitments of any kind, or to take any action which shall be binding on the other party, except as may be explicitly provided for herein or authorized in writing. 12. ADDITIONAL PROVISIONS. This Agreement is further governed by the terms and conditions of the PRIME AGREEMENT. Said teens and conditions are incorporated by 32120B142 Corpus Christi Police Department Pg 3 -120- reference. Should a conflict between provisions occur, the terms of this Agreement shall take precedence over the terms and conditions of the Prime Agreement. 13. SEVERABILITY. If any of the provisions of this Agreement in the application thereof to any person or circumstance, is rendered or declared illegal for any reason, or shall be invalid or unenforceable, the remainder of this Agreement and the application of such provision to other persons or circumstances shall not be affected thereby, but shall be enforced to the greatest extent permitted by applicable law. 14. MISCELLANEOUS. This Agreement constitutes the entire agreement between the parties relative to the subject matter, and may only be modified or amended by a written agreement signed by both parties. It shall be construed in accordance with the laws of the State of Texas. SHSU is an agency of the State of Texas and nothing in this Agreement waives or relinquishes the right of SHSU to claim any exemptions, privileges and immunities as may be provided by law. 15. DISPUTE RESOLUTION. SUBREC1PIENT must use the dispute resolution process provided in Chapter 2260 of the Texas Government Code to attempt to resolve a dispute arising under this contract and such process is a required prerequisite to suit in accordance with Chapter 107, Texas Civil Practice and Remedies Code. SUBRECIPIENT must submit written notice of a claim of breach of contract under this chapter to Dr. Fernando Gomez, Texas State University System Vice Chancellor and General Counsel. 16. EXPORT ADMINISTRATION. It is understood that SHSU is subject to United States laws and regulations controlling the export of technical data, computer software, laboratory prototypes and other commodities, and that its obligations hereunder are contingent upon compliance with the Export Administration Act of 1979, 50USC2401- 2420 (as implemented by the EAR). Furthermore, it is understood that the transfer of certain technical data and commodities may require a license from one or more agencies of the United States Government. Both SHSU and SUBRECIPIENT hereby agree and represent that the program and development contemplated hereunder, and any exchange of technical data, computer software or other commodities resulting therefrom, shall be conducted in full compliance with the export control laws of the United States. 17. ASSIGNMENT. No part of this Agreement may be assigned or subcontracted to a third party without the prior written approval of SHSU. 18. NOTICES. All notices to parties under this Agreement shall be in writing and sent to the names and addresses stated below. Either party to the Agreement may change such name and address by notice to the other in accordance herewith, and any such change shall take effect immediately upon receipt of such notice. 32120B142 Corpus Christi Police Department Pg 4 —121— For SHSU: Contract Negotiations /Administration: Denise Ballard SHSU Contracts and Grants PO Box 2027 Huntsville, TX 77341 -2027 Phone: (936) 294 -3833 Email; dballard @shsu.edu For SUBRECIPIENT: Pat Eldridge P.O. Box 9016 Corpus Christi, Texas 78469 Telephone: (361) 886 -2696 Email: pat @cctexas.com Technical: Kristi Kreier SHSU Department of Criminal Justice PO Box 2296 Huntsville, TX 77341 -2296 Phone: (936) 294 -3579 Email: kkreier@shsu.ledu 19. FORCE MAJEURE. Neither party shall be liable for any unforeseen event beyond its reasonable control not caused by the fault or negligence of such party, which causes such party to be unable to perform its obligations under this Agreement and which it has been unable to overcome by the exercise of due diligence. Such unforeseen events include, but are not limited to, fire, storm, flood, earthquake or other natural catastrophes, accidents, acts of civil disturbance or disobedience, war, rebellion, insurrection, labor strikes or disputes, compliance with any laws, requirements, rules, regulations, or orders of any governmental authority or instrumentality thereof, sabotage, invasion, quarantine, and embargoes, or because of any act of God. 20. NON USE OF NAMES. Neither party shall use the names of the other party, nor of any of its employees or components, nor any adaptation thereof, in any advertising, promotional or sales literature without the prior written consent obtained from the other party, as applicable in each case. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their authorized representative. SAM HOUSTON STATE UNIVERSITY CORPUS C By: By: Dr. Richard Ward Title: Assoc. Vice President for Research Date: ICE DEPARTMENT Bryan P. Smith Title: Chief of Police Date: —122— 321205142 Corpus Christi Police Department Pg 5 APPENDIX A CITY OF CORPUS CHRISTI POLICE DEPARTMENT A. Problem and Proposed Strategy The Corpus Christi Police Department requests $44,294.00 to continue the current Project Safe Neighborhood Project for an additional 1 year period to enhance the capabilities of the Forensic Firearms Unit with the retention of a Firearms Examiner and additional training for the examiner, The goals of the grant will be: Maintain no backlog of firearms cases Increase the number of entries into NIBIN by 350 per year or 100% of all cases analyzed Increase the cold hit rate in the firearms unit by 20% B. Goals and Objectives The examiner will primarily focus on all firearms used in the commission of a crime and enter the results into NIBIN. Under this project, backlog has been eliminated. By increasing the number of cases entered into NIBIN, more gun crimes can be solved, thereby removing criminals from the streets and providing an increased protection for our neighborhoods. Additionally with the backlog eliminated, the examiners can focus on proactive investigations with respect to firearms. C. Implementation By retaining the additional Firearms Examiner funded by this project and completing 100% testing and analysis of all crime guns, the number of gun crimes solved will increase and provide an increased protection for our neighborhoods as well as South Texas. D. Program Evaluation and Performance Measures We intend to not only enter all crime guns, but also all found guns and safekeeping firearms. Monthly statistics will be compiled on each of these activities and the success of the program will be determined by the monthly increase in the percent of cold hits. 32120B142 Corpus Christi Police Department Pg 6 -123- Project Safe Neighborhoods Gun Violence Corpus Christi A. Personnel Name /Position Computation Cost Examiner $ 30,502.00 $ 100% Time Total $ The Examiner will test fire and analyze all firearms from gun crimes to recovered weapons. B. Fringe Benefits Name /Position Personnel Computation TMRS (14.58% x $30,502 RCA (7.65% x $30,502) Insurance benefits -city is self insured; amount listed is average for one employee Cost 30,502.00 30,502.00 $ Total Fringe $ Total $ 4,447.00 2,333.00 6,524.00 13,304.00 13,304.00 C. Travel Purpose of Travel TAFTE -Texas Assoc of Firearms and Tool Mark Examiners Location Austin, Texas Per diem meetings twice a year Hotel Item Computation Cost approx. $47 per day x 4 days $ 188.00 $150 X 2 days $ 300.00 Total $ TOTAL 488.00 APPENDIX B A. Personnel Projevt Sefe NeighbottoOds Texas :Southern .Pletrict. Pun Violence Coipue, Christi The Eiartiliser win tea Pre Total S ittgarirn0 !mm Ori.Ctirnft to venni 30.$44,00 30.50E00 p 8. Fringe Benefits CD Numumnsition _ computation BPersonnel TAWS it OM x $30.02 CO FICA (7-65%* $30.502/ Insurance tainefits-ititi is s,lattettairetp amount listed is aver tOr airdi employiki $ $ TOWCFnneje C. TraUel .Ftupissa cot Trav TAFTE-Texag Ass06 t2 Fromm and Thai Mak Examiners Li:Kaden Austin. Tatrati meetings WO yeat Total $ 13,304,A10 13;$04.0.0 coinputaUou Out Per diem approx. $41 per day x4 -$ 184.00 dotal VISO X 2 days $ 300.0 Total $ 481.00. Tout. 32120B142 Corpus Christi Police Department Pg 7 ProieFt §4?i,•i.Neig1to0rhoOds Twig* Southern .14letriCt Gun Violence Cis Christi Toiat TOe-w0tt_4K foe 10..t from un 1:41Invs to rccovon_trisp_000t S. Flintie Benefits tionteiratillion Coroputi004 gPers0A041 111•11$ 14.511%*. $30302 FICA -17,6% $30,02). insurance Imiontitsrn is satatsuret .0gookot te4 is &swap tor one ernpitege IFn ng4 3.0,A.07-00 Cint 4d441, 3.333,00 5,524.00 C. TraVei t Tra TAFTE-Teatako A$104 Rragorn6. ono Tml Ma* Examiners tocalloo AustIO. Toxios mattin94 wee yew Tot4t $ 13,304AXI 15..304.00 Per the 114441 321206142 Corpus Christi Police Department Pg 7 Computation Cot APProX. T47 Oordayx.4 ditys $ 100,00 $150 x2:040 S 300,00 T $ 481.00 • TOTAL 4, TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, -Texas For the reasons set forth in the emergency clause of the attached ordinance, an emergency exists requiring suspension of that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings. Therefore, I /we request that you suspend said Charter rule and finally pass this ordinance on the date of its introduction, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Henry Garrett Mayor, City of Corpus Christi The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: Februa 79 2008 AGENDA ITEM: Resolution authorizing the City Manager or designee to submit a grant application to the Texas Department of State Health Services in the amount of $50,000 for a Community Obesity Prevention Project — the Coordinated Community Approach to Promote Wellness (CCAPWeII). ISSUE: In order to apply for funding specified in the Community Obesity Prevention Program, the City Council must approve a resolution to submit a grant for the Community Obesity Prevention Projects funded by the Texas Department of State Health Services. REQUIRED COUNCIL ACTION: Authorization to submit an application to the Texas Department of State Health Services for the Community Obesity Prevention Projects Program in the amount of $50,000. PREVIOUS COUNCIL ACTION: None CONCLUSION AND RECOMMENDATION: The Corpus Christi Parks and Recreation Department recommends approval of request to submit grant application. Sally Gavlik, Director Parks and Recreation Department Attachments: Grant Application Form Certification & Program Assurances l*~ e TEXAS De�).rrtrtoriF. rd Stair i e �hh Fervir{,. Department of State Health Services FORM A: FACE PAGE -- Proposal for Financial Assistance DPISINUTRIT- 0273.7 This form requests basic information about the respondent and project, including the signature of the authorized representative. The face page is the cover page of the proposal and must be completed in its entirety. RESPONDENT =1 ,90611 T# T .. , 1) LEGAL BUSINESS NAME: City of Corpus Christi Parks and Recreation Department 2) MAILING Address Information (include mailing address, street, city, county, state P.O. Box 9277 Corpus Christi, TX 78469 -9277 and zip code): Check if address change • 3) PAYEE Name and Mailing Address (if different from above): Check if address change ❑ 4) Federal Tax ID No. (9 digit), State of Texas Comptroller Vendor ID No. (14 digit) or Social 74- 6000574 Security Number (9 digit) : The respondent acknowledges, understands and agrees that the respondent's choice to use a social security number as the vendor Identification number for the contract may result In the social security number being made public via state open records requests. 5) TYPE OF ENTITY (check all that apply): Org) State: ❑ Individual ® City • Nonprofit Organization* ❑ County 0 For Profit Organization* ❑ Other Political Subdivision ❑ HUB Certified • FQHC ❑ State Controlled Institution of Higher Learning ❑ Hospital ❑ Private ❑ Other (specify): • State Agency ❑ Community -Based Organization ❑ Indian Tribe • Minority Organization ❑ Faith Based (Nonprofit *!f incorporated, provide 10 -digit charter number assigned by Secretary of 6) PROPOSED BUDGET PERIOD: Start Date: 06/30/08 End Date: 06/29/09 7) COUNTIES SERVED BY PROJECT: Nunes County S) AMOUNT OF FUNDING REQUESTED: 50,000 10) PROJECT CONTACT PERSON Name: Stacie A. Talbert, Recreation Superintendent Phone: 361- 826 -3476 Fax: 361 - 826 -4464 E -mail: StacieT @cctexas.com 9) PROJECTED EXPENDITURES Does respondent's projected state or federal expenditures exceed $500,000 for respondent's current fiscal year (excluding amount requested in line 8 above)?'* 11) FINANCIAL OFFICER Name: Reba George Phone: 361 -826 -3466 Fax: 361 - 826 -4242 E -mail: RebaG@cctexas.com Yes ►;1 No ❑ * *Projected expenditures should include funding for all activities including "pass through" federal funds from all state agencies and non project - related DSHS funds. The facts affirmed by me in this proposal are truthful and I warrant that the respondent is in compliance with the assurances and certifications contained in APPENDIX A: DSHS Assurances and Certifications. I understand that the truthfulness of the facts affirmed herein and the continuing compliance with these requirements are conditions precedent to the award of a contract. This document has been duly authorized by the governing body of the respondent and 1 (the person signing below) am authorized to represent the respondent. 12) AUTHORIZED REPRESENTATIVE Check if change ❑ Name: George K. Noe Title: City Manager Phone: 361- 880 -3220 Fax: E -mail: georgen @cctexas.com 13) SIGNATURE OF AUTHORIZED REPRESENTATIVE 14) DATE Page 27 Revised 10/26/07 Dfili Model RFP for Client Services Subrecipients 1 BACKGROUND INFORMATION The Corpus Christi Parks and Recreation Department is applying for funds from the Texas Department of State Health Services' Community Obesity Prevention Projects Program in order to continue the work of the Coordinated Community Approach to Wellness (CCAPWeII) Partnership. CCAPWeIf is a coalition of community organizations, health and wellness professionals, school officials, and private citizens that work to implement a community intervention plan to combat obesity and other chronic diseases in the Corpus Christi area. The CC in Motion campaign is a part of this coalition's efforts to address obesity and chronic disease in the area. Page 1 of 2 RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO SUBMIT A GRANT APPLICATION TO THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES IN THE AMOUNT OF $50,000 FOR A COMMUNITY OBESITY PREVENTION PROJECT — THE : V IN. -: (CCAPWELL) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or his designee is authorized to submit a grant application to the Texas Department of State Health Services in the amount of $50,000 for a Community Obesity Prevention Project -- the Coordinated Community Approach to Promote Wellness (CCAPWeII). SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: February 11, 2008 Lisa Aguilar Assistant City Attorney For City Attorney H:1 LEG -D1 R\Jeann ielLisa \Res- CCAPWeIIGrant.doc —134— Henry Garrett Mayor Corpus Christi, Texas of , 2008 The above resolution was passed by the following vote: Henry Gdrrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon AGENDA MEMORANDUM City Council Action Date: February 26, 2008 SUBJECT: Sanitary Sewer and Storm Water Manhole Ring and Cover Adjustment FY 2007 -2008 (Project No. 7396) AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a construction contract with RCM Constructors of Corpus Christi, Texas, in the amount of $322,125 for the Sanitary Sewer and Storm Water Manhole Ring & Cover Adjustment FY 2007 -2008. ISSUE: The Sanitary Sewer and Storm Water Manhole Ring and Cover Adjustment is a yearly program that addresses street pavement/manhole discrepancies and improves the surface quality of selected streets by adjusting the manhole rings and covers on those streets. FUNDING: Funding for this project will come from the FY 2008 Wastewater and Storm Water Capital Improvement Budgets. RECOMMENDATION: Staff recommends approval of the motion as presented. Foster Crowell Director of Wa V. e Gray, Dir for of Storm ater Services Additional Support Material: Exhibit "A" Background Information Exhibit "A -1" Prior Actions Exhibit "B" Bid Tabulation Exhibit "C" Project Budget Exhibit "D" Location Map RIHOMEIRache11e1GEMWastewater17396- Manhole Adj.07- O81Construclion4Agende Memo.dac —139— Kevin R. S owers Interim Director of Engineering Services og AGENDA BACKGROUND INFORMATION SUBJECT: Sanitary Sewer and Storm Water Manhole Ring and Cover Adjustment FY 2007 -2008 (Project No. 7396) PROJECT DESCRIPTION: The project consists of 255 sanitary sewer and storm water manhole ring and cover adjustments throughout the city under multiple work authorizations [indefinite delivery/indefinite quantity (IDIQ)] over a period of 365 days with the option to extend the contract for an additional two years in one -year increments. This project is divided into two parts: Part A: consisting of 120 sanitary sewer manhole ring and cover adjustments using new manhole ring and cover assembly with new height adjustment rings and new stainless steel inflow inhibitor and concrete collar; Part B: consisting of 135 storm water manhole ring and cover adjustments using new manhole ring and cover assembly with new height adjustment rings and concrete collar; together with any associated temporary traffic control and pavement repairs, all work to be in accordance with the plans, specifications and contract documents. BID INFORMATION: Bids were received on January 30, 2008 with five (5) bidders submitting a proposal (see Exhibit "B" Bid Tabulation). The bid proposal was set up with two (2) parts: Part "A" for sanitary sewer manholes; and Part "B" for storm water manholes. The estimated cost of construction is $188,265 for Part A and $182,160 for Part B for a total of $370,425. The bids for Base Bid Part A ranged from $157,925 to $302,180, and the bids for Base Bid Part B ranged from $164,200 to $320,170. The City's consultant, Engineering and Construction Management Services, and City staff recommend that the construction contract be awarded to the lowest bidder, RCM Constructors of Corpus Christi, Texas, in the amount of $322,125 for the total of Base Bid Part A and Base Bid Part B for the Sanitary Sewer and Storm Water Manhole Ring and Cover Adjustment FY 2007 -2008. CONTRACT TERMS: The contract specifies that the project will be completed in 180 calendar days, with completion anticipated in October 2008. Upon approval by the City Council, this contract may be renewable for up to two additional one - calendar -year periods with economic adjustments which will take into account any change in construction costs. HAHDMBRathe11e1GEMWastewater17396- Manhole Adj.07.081ConstructionWgenda Background.d c —140— PRIOR PROJECT ACTIONS SUBJECT: Sanitary Sewer and Storm Water Manhole Ring and Cover Adjustment FY 2007 -2008 (Project No. 7396) Prior Project Actions have included: PRIOR COUNCIL ACTION: 1. December 18, 2007 — Ordinance approving the FY 2008 Capital Budget and Capital Improvement Planning Guide in the amount of $127,275,900. (Ordinance No. 027546) PRIOR ADMINISTRATIVE ACTION: 1. January 29, 2008 — Administrative approval of a Small Agreement for Architect/Engineer Consultant Services with Engineering and Construction Management Services of Corpus Christi, Texas, in the amount of $32,420 for the Sanitary Sewer and Storm Water Manhole Ring and Cover Adjustment FY 2007 -2008. HA HDMBRachellelGEMWastewatsrg396- Manhole Adj.07-081Consfnudioniprior Alicytsloc CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING - BID TABULATION TABULATED BY: Felix H. Ocanas, Jr., P.E. BID DATE: January 30, 2008 ENGINEER'S ESTIMATE: $370,425.00 • SANITARY SEWER AND STORM WATER MANHOLE RING & COVER ADJUSTMENT FY 2007 -2008 (PROJECT NO. 7396) RCM Constructors, Inc P.O. Box 9338 Corpus Christi, Texas 78469 Grace Paving and Cartst•, Inc. 4237 Baldwin Blvd. Corpus Christi, Texas 78405 -3324 A -1 Sanitary Sewer Manhole Ring & cover Adjustments, including New Manhole Ring & Cover Assembly with New Height Adjustment Rings, Stainless Steel Inflow Inhibitor and with Concrete Collar, complete in place per each. EA 120 $1,300.00 $156,000.00 $1,347.00 5161,640.00 A -2 Removal & Replacement of Pavement, Pavement Repairs, complete In place per Square SY 77 525.00 $1,925.00 $20.00 51,540.00 Yard. . .7, -'. ?'!y 1.31.4r .",krT.ar{�i� aVil.' �e °q.� ;;"4.1 4.1: :: a . V MS.1 0.g � iliI �' � .,:7 ;V r. a. � � ti s s.:.. •�� ' WF :V•,} ri K�,•1SF�C�' (anti.-- ,�"w, c. +ni yy Ti i§X d :e..''`-� • ilei �e �. y� 3 l:r`VewJ'iFC�,a:5 : '4� VN '=. 'S}. B -1 Storm Water Manhole Ring & cover Adjustments, with New Manhole Ring and Cover assembly with new Concrete Collar, complete in place per each. ter 51,200.00 ;762,000.00 51,247.00 ,:z -.. 5168,345.00 B -2 Removal & Replacement of Pavement, Pavement Repairs, complete in place per Square Yard. SY 88 525.00 52,200.00 520.00 51,760.00 -! ..:N^e 1 ia. i% ;- v i ,fir i v� '.t,+ � tw l L rs C'e, d !N § �i rr^'if y, ea 'f ., �I -� �`�+r71. �� m a� ::�.�;d`3ms'tAtKi%��I���. �:� 5s��.. �yI k", f - �;� �" f �'. �, �p � t` ,Mk'iF.?,.�h '� ..4 �.. ..��+7�w� ,,a d+�4.� f� �4 r r'rµ�' .Rr�.. «. 4i-- i�,.�5�'1�dk%�.��'. �p(}S� :n �7[�H,��':1:. 5157,925.00 $184,200.00 5322,125.00 e�f ..,. Ora �a �$&i;? 6...�- z p v'� !.7.+r .�A..✓ /.�. M1�, fF•,• SUMMARY OF BIDS 1. BASE BID PART 'A' (ITEMS Al - A2) 2. BASE BID PART 'B' (ITEMS B1 - B2) 3. TOTAL BASE BID , $163,180.00 5170,105.00 5333,285.00 CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING - BID TABULATION TABULATED BY: Felix H. Ocanas, Jr., P.E. BID DATE: January 30, 2008 ENGINEER'S ESTIMATE: $370,425.00 A-1 SANITARY SEWER AND STORM WATER MANHOLE RING & COVER ADJUSTMENT FY 2007-2008 (PROJECT NO. 7396) Rycon E&C, LLC 3316 N. FM 1355 KingsviNe Texas 78363 SLC Const, L.P. P.O. Box 639 Conroe, Texas 77305 Salinas Cond. Technologies, LTD 3734 FM 3006 Pleasanton, Texas 78064 Sanitary Sewer Manhole Ring & cover Adjustments, Including New Manhole Ring & Cover Assembly with New Height Adjustment Rings, Stainless Steel Inflow Inhibitor and with Concrete Collar, complete in place per each. EA 120 51,375.00 5165,000.00 51,580.00 5201,600.00 52,300.00 $275,000.00 A-2 Removal & Replacement of Pavement, Pavement Repairs, complete in place per Square Yard. B-1 Storm Water Manhole Ring & cover Adjustments, with New Manhole Ring and Cover assembly with new Concrete Collar, complete in piece per B-2 Removal & Replacement of Pavement, Pavement Repairs, complete in place per Square Yard., SY EA 77 598.00 135 51,165.00 SY 88 57,546.00 564.00 li7,w,i7PMEMEIMA $157,275.00 $1,380.00 54,928.00 5183,600.00 5340.00 528,180.00 Satffin.W.,IFNUT.V4.: 52,160.00 5290,260.00 598.00 58,624.00 564.00 IPKAWMPISWEAMMAIEM,M.RAWEVAMMONW03-1 • SUMMARY OF BIDS 1. BASE BID PART 'A (ITEMS Al - A2) 2. BASE BID PART 'B' (ITEMS B1 -132) 3. TOTAL BASE BID 5172,545.00 5165,899.00 5338,445.00 55,632.00 5340.00 529,920.00 AWFRFOMINMPT 5206,528.00 5189,232.00 5395,760.00 5302,180.00 5320,170.00 5622,350.00 SANITARY SEWER AND STORM WATER MANHOLE RING AND COVER ADJUSTMENT (PROJECT NO. 7396) PROJECT BUDGET February 26, 2008 FUNDS AVAILABLE: Wastewater CIP Fund Storm Water CIP Fund ESTIMATED BUDGET $ 201,072.00 $ 201,072.00 Total FUNDS REQUIRED: $ 402,144.00 Construction Cost (RCM Constructors) $ 322,125.00 Construction Contingencies 32,214.00 _ A/E .Consultants (ECMS) 32,420.00 Engineering Reimbursements 9,663.00_ Finance Reimbursements 3,222.00 Incidental Expenses (Printing, Advertising, etc.) 2,500.00 Total $ 402,144.00 EXHIBIT "C" Page 1 of 1 �...�+. ..J..... t..v rr.....on.rr ✓.W �rnrfl vr7 V.Uwy SANITARY SEWER and STORM WATER MANHOLE RING and COVER ADJUST- MENT FY 2007 -2008 146 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 02/11/2008 AGENDA MEMORANDUM DATE: February 26, 2008 SUBJECT: Rolled Curb and Gutter Replacement FY 2007 -2008 (Project No. 2281) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a construction contract with A. Ortiz Construction & Paving, inc. from Corpus Christi, Texas in the amount of $431,300 for Rolled Curb and Gutter Replacement FY 2007 -2008 Project. ISSUE: The Rolled Curb and Gutter Program is a yearly program that addresses damaged rolled curb and gutter throughout the city. Affected curb and gutter will be removed and replaced, along with associated pavement repair where gutter slopes are inadequate. The project was bid on January 23, 2008; and is ready to be awarded, which requires City Council approval. FUNDING: Funding is available from the FY 2008 Capital Budget and Capital Improvement Planning Guide (CIP). RECOMMEND • Ti • N: Staff recommends approval of the Motion as presented. rie Gray, ctor of Storm ater 274q7efb Additional Support Material: Exhibit "A" Background Information Exhibit "A -1" Prior Project Actions Exhibit "B" Project Budget Exhibit "C" Tabulation of Bids Exhibit "D" Location Map Kevin Stowers, Interim Director of Engineering Services 46 Z-7( V:CS' H: SUSERS2IHOMESVELMAPSGEN1DRAiNAGE 52281 ROLLED CURB GUTTER REPLACE 2007.200B1CONSTRUCTIONIAGENDA MEMO —149— BACKGROUND INFORMATION SUBJECT: Rolled Curb and Gutter Replacement FY 2007 -2008 (Project No. 2281) PROJECT DESCRIPTION: The proposed project consists of removal and replacement of 7,000 linear feet concrete curb and gutter, throughout the City under multiple work authorizations (indefinite delivery/indefinite quantity (IDIQ)) over a period of 180 calendar days, with the option to extend the contract for additional 2 years in one -year increments. This project is divided in two parts: Part A - Specific Areas: consists of the removal and replacement of 5,000 linear feet of curb and gutter; 6,400 square feet of driveway approaches, 3,200 square feet of sidewalks; 1,100 square yards of pavement repair. The specific areas are as follows: Street Name Addresses Blue Ridge Mountain 11913, 11917 Wildhorse Valley 11905, 11909, 11913, 11917 Hearne 11909, 11913, 11917, 11921, 11925 Lott 3853, 3857, 3901, 3905 Persimmon 2513, 2509, 2505, 2501 Camargo 2709, 2705, 2701 Sylvan Crest 3102 Parkview 6017, 6021, 6025 Opengate Whitewinn / Fox Run (east side) Acushnet 4105, 4109, (6702 Canyon) Rainmist 2502, 2506, 2510 Evening Star 9214, 9218, 9222 Huntington 9611, 9605, 9601 Gregory 625, 629 Gregory 709, 705 Lansdown 605, 609, 613 Jacquelyn 4321, 4325, 4329 Parade 437, 441, 445, 449, 453, 457, 461 Poenisch 401, 405, 409, 413, 417, 421, 425, 429 Montclair 318, 324, 330, 336 Part B - Various Locations: consists of the removal and replacement of 2,000 linear feet of curb and gutter; 2,800 square feet of driveway approaches, 500 square feet of sidewalks; 450 square yards of pavement repair (city wide); and 300 square feet of concrete curb ramps, meeting ADA requirements; all in accordance with plans, specifications and contract documents. BID INFORMATION: Bids were received on January 23, 2008 with six (6) bidders submitting a bid proposal. The bids range from $431,300 to $703,100. The engineer's estimated cost of construction is $471,150. The low bid was submitted by A. Ortiz Construction & Paving, Inc. of EXHIBIT "A" Page 1 of 2 H:1 USERS21HOME \VELMAPSGENNDRAINAGE12281 ROLLED CURB GUTTER REPL*C# 643-2B081CONSTRUCTCONIAGENDA BACKGROUND Corpus Christi, Texas. See Exhibit "C" Tabulation of Bids. The City's consultant, Felix H. Ocanas, Jr., and City staff recommends that the construction contract be awarded to A. Ortiz Construction & Paving, Inc. in the amount of $431,300 for the Rolled Curb and Gutter Replacement FY 2007 -2008 Project. TIME OF COMPLETION: The contract provides for the work to be complete within 180 calendar days of notice to proceed. EXHIBIT "A" Page 2 of 2 HAUSERSMOMESVELMAP4GEMDRAINAGE 12281 ROLLED CURB GUTTER REPLACE1251 20081CONSTRUCTIONIAGENDA BACKGROUND PRIOR PROJECT ACTIONS SUBJECT: Rolled Curb and Gutter Replacement FY 2007 -2008 (Project No. 2281) PRIOR COUNCIL ACTION: 1. December 18, 2007 --- Ordinance approving the FY 2008 Capital Budget and Capital Improvement Planning Guide in the amount of $127,275,900 (Ordinance 027546). PRIOR ADMINISTRATIVE ACTION: 1. January 17, 2008 — Administrative approval of Small A/E Agreement for Architect/Engineer Consultant Services with Felix H. Ocanas, Jr. in the amount of $24,840 for Rolled Curb and Gutter Replacement FY 2007 -2008 Project. EXHIBIT "A -1" Page 1 of 1 H;I USERS2WOMEIVELMAP IGENIDRAINAGE12281 ROLLED CURB GUTTER REPLACE 2007.20081CONSTRUCTIONIPRIOR PROJECT ACTIONS —152— PROJECT BUDGET ROLLED CURB AND GLITTER REPLACEMENT FY 2007 -2008 Project No. 2281 February 26, 2008 FUNDS AVAILABLE: Storm Water $502,270.00 FUNDS REQUIRED: Construction (A. Ortiz Construction & Paving) $431,300.00 Contingencies (10 %) 43,130.00 Consultant (Felix H. Ocanas, Jr.) 24,840.00 Reimbursements 2,000.00 Misc. (Printing, Advertising, etc.) 1,000.00 Total $502,270.00 H:IUSERS2 HOME\VELMAPIGENYDRAINAGEti2281 ROLLED CURB GUTTER REPLACE 2Q07- 2008\CQNSTRUCTIOMPROJECT BUDGET —153— EXHIBIT "B" Page 1 of 1 TABULATION OF BIDS DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Kevin Stowers, Interim Director of Engineering Services nwTe. ENGINEER'S ESTIMATE: TIME OF COMPLETION: $471,150.00 180 Cal. Days ROLLED CURB AND GUTTER REPLACEMENT FY 2007 -2008 PROJECT NO. 2281 A. Ortiz Construction & Paving, Inc. 102 Airport Road Corpus Christi, TX 78405 Grace Paving and Construction, Inc 4237 Baldwin Blvd. Corpus Chriati, TX 78405 Rycon E & C, LLC 3316 N. FM 1355 Kingsville, TX 78363 ITEM NO. 1 DESCRIPTION 1 UNIT 1 QTY UNIT PRICE I AMOUNT UNIT PRICE 1 AMOUNT UNIT PRICE I AMOUNT Part "A" Rolled Curb and Gutter Replacement - Specific Area A -1 Removal and replacement of curb and gutter, complete and in place per linear foot. LF 5,000 $28.75 $143,750.00 $30.00 $150,000.00 $40.90 4 $204,500.00 A 2 Removal and replacement of driveway approaches, complete and in place per square foot. SF 6,400 12.50 80,000.00 12.00 76,800.00 7.70 49,280.00 A -3 Removal and replacement of sidewalks, complete and in place per square foot. SF 3,200 10.25 32,800.00 10.85 34,720.00 6.05 19,360.00 A-4 Removal and replacement of pavement !pavement repairs, complete and in place per square yard. SY 1,100 38.50 42,350.00 45.00 49,500.00 45.92 50,512.00 TOTAL BASE BID PART "A" (BID ITEMS A -1 THRU A-4) $298,900.00 $311,020.00 $40.90 $323,652.00 Part "B'• Rolled Curb and Gutter Replacement - Various Locations 1 B-1 Removal and replacement of curb and gutter, complete and in place per linear foot. LF 2,000 $30.25 $60,500.00 $30.00 $60,000.00 $40.90 $81,800.00 B 2 Removal and replacement of driveway approaches, complete and in place per square foot. SF 2,800 13.00 36,400.00 12.00 33,600.00 7.70 21,560.00 B 3 Removal and replacement of sidewalks, complete and in place per square foot. SF 500 11.00 5,500.00 10.85 5,425.00 6.05 3,025.00 B -4 Removal and replacement of pavement / pavement repairs, complete and in place per square yard. SY 450 40.00 18,000.00 45.00 20,250.00 45.92 20,664.00 B -5 Concrete curb ramps, meeting ADA requirements, complete and in place per squre foot. SF 300 40.00 12,000.00 20.00 6,000.00 35.00 10,500.00 TOTAL BASE BID PART "B" (BID ITEMS B -1 THRU B -5) $132,400.00 $125,275.00 $137,549.00 TOTAL BASE BID $431 ,300.00 $436,295.00 $461,201.00 TABULATION OF BIOS DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Kevin Stowers, Interim Director of Engineering Services DATE: Wednesday, January 23, 2008 ITEM NO. f ROLLED CURB AND GUTTER REPLACEMENT FY 2007 -2008 PROJECT NO. 2281 DESCRIPTION ENGINEER'S ESTIMATE: UNIT I IVY Nuway International, Inc. P. O. Box 270898 Corpus Christi, TX 78427 UNIT PRICE I AMOUNT Part "A" Rolled Curb and Gutter Replacement - Specific Area A -1 A -2 A -3 A -4 Removal and replacement of curb and gutter, complete and in place per linear foot. Removal and replacement of driveway approaches, complete and in place per square foot. R. S. Parker Construction 455 Hereford Street Corpus Chrsti, TX 78408 TIME OF COMPLETION: UNIT PRICE 1 AMOUNT $471,150.00 180 Cal. Days Salinas Construction Technologies 3734 FM 3006 Pleasanton, TX 78064 UNIT PRICE 1 AMOUNT LF 5,000 $29.01 5145,050.0 Removal and replacement of sidewalks, complete and in place per square foot. Removal and replacement of pavement / pavement repairs, complete and in place per square yard. TOTAL BASE BID PART "A" (BID ITEMS A -1 THRU A-4) SF SF 6,400 3,200 14.50 12.49 92,800.00 39,968.00 SY 1,100 48.20 53,020.00 $330,838.00 C71 Part "B" Rolled Curb and Gutter Replacement - Various Locations 0' _ I B -1 8 -2 8 -3 B-4 B -5 Removal and replacement of curb and gutter, complete and in place per linear foot. Removal and replacement of driveway approaches, complete and in place per square foot. $33.50 $167,500.00 $43.00 $215,000.00 22.50 144,000.00 14.00 89,600.00 18.50 59,200.00 3.00 9,600.00 35.00 38,500.00 150.00 165,000.00 0 30.00 $409,200.00 99.00 $479,200.00 0 $174,750.00 LF 2,000 $29.16 $58,320 Removal and replacement of sidewalks, complete and in place per square foot. Removal and replacement of pavement / pavement repairs, complete and in place per square yard. Concrete curb ramps, meeting ADA requirements, complete and in place per squre foot. SF 2,800 15.50 43,400. SF 500 13.50 6,750. SY 450 48.20 21,690. SF 300 38.57 11,571. TOTAL BASE BID PART "B" (BID ITEMS B -1 THRU B -5) $141,731. TOTAL BASE BID $472,569.0 ]0 $35.00 570,000.00 $43.00 $86,000.00 )0 25.00 70,000.00 14.00 39,200.00 )0 20.00 10,000.00 3.00 1,500.00 10 35.00 15,750.00 150.00 67,500.00 0 30.00 9,000.00 99.00 29,700.00 0 $174,750.00 $223,900.00 0 $583,950.00 $703,100.00 AGENDA MEMORANDUM February 26, 2008 SUBJECT: 2008 CIP Project Management and Construction Inspection (Project No. 95111) AGENDA ITEM: Motion to authorize the City Manager, or his designee, to execute a Professional Services Contract for construction management and construction inspection services with Anderson Group Construction Management, Inc. for a not to exceed fee of $1,242,320.00 for various Capital Improvement Projects associated with the 2008 Capital Budget. ISSUE: in order to be abie to manage construction contracts and iieid inspections it is necessary to supplement City staff with additional personnel. The contract provides the additional personnel required to ensure projects are properly constructed in accordance with contract plans and specifications. FUNDING: Funding is available from the FY2008 CIP and Operating Budgets. RECOMMENDATION: Approval of the ordinance and motion as presented. Kevin R. Sto ers Interim Director - Engineering Services .2-45/04 Crowell ) (di) og'' ust Inter vo Gonzale P.E. Director •f Water Services Foster Crowell V.:1 ie Grey, Director of Wastewater Services Di ctor of Storm ADDITIONAL INFORMATION Exhibit A. Background Information Exhibit B. Contract Summary H:I HOMEl KEV1NS1GENBBond20081CIP1200B1AGCMAwdMemo .doc —159— ater Services ADDITIONAL INFORMATION CONTRACT: The contract provides for contract management and construction inspection services for the 2008 Capital Improvement Program and management services for Water Department management. The contract provides for approximately one year of service for up to six full time personnel. The personnel authorized by the contract include a program manager (P.E.), assistant construction engineer, senior contract coordinator, contract coordinator, and 2- quality control /inspectors. A contract summary is attached. See Exhibit B. CONTRACT BACKGROUND: The City has supplemented contract management and construction inspection due to the difficulty of recruiting qualified personnel since 2003. Attempts have been made regularly to recruit personnel with only limited success. The personnel needed for the position are also recruited by contractors and architectural /engineering firms. The City has periodically lost personnel to retirement, recruitment by contractors, or outside consulting firms. Engineering released a Request for Proposal /Qualifications (RFP /Q) for the required services on December 28, 2007 to 78 local and 113 non -local firms (total of 191 firms). Four firms responded to the proposal by the submission deadline. The responding proposals were reviewed by City personnel in accordance with the provisions stated by the RFP /Q. All of the firms possessed capability to undertake the required services, but three firms were deeded less responsive. In particular, those firms' approach to the project and capacity to perform the service based on their current work load did not score as well as the recommended firm. CONSULTANT: Anderson Group Construction Management (AGCM) is a local project management firms. The firm originated as Bath CM in 1996 and emerged as AGCM in 1999. The firm specializes in construction management and inspection services rather than design services. Their clients have included the City of Corpus Christi, Christus Spohn Hospital, local banks, the University of Texas system, and Texas A &M University system. FUNDING: Funding is available from the FY2008 Capital Improvement Budget and FY2007 -2008 Water Fund. RECOMMENDATION: Approval of the motion as presented. EXHIBIT A Page 1 of 1 H: IHOMEIKEVINS\ GEN1 Bond20081CIP 120081AGCMAwdBkgExhA.doc —160— CONTRACT SUMMARY SERVICE SCOPE: Provide one program manager (RE.), one assistant construction engineer, one senior contractor coordinator, one contract coordinator, and two quality control/ inspectors for approximately twelve (12) calendar months. The personnel will provide assistance to the City Engineer through the oversight of City construction projects. This will include the general review of assignment of City construction inspectors, daily reports, and contractor progress in accordance with plans and specifications. Typical services will include: a. Attend pre - construction conferences with the City staff, City Engineer, City's design consultants and construction contractor's key personnel. Establish communication procedures with City staff, City Engineer, City's design consultants and Contractor. b. Submit monthly reports of construction progress. Reports will describe construction progress in general terms and summarize project costs, cash flow, construction schedule and pending and approved contract modifications. Reports will be incorporated into the Management Information System. c. Maintain a document control system designed to track the processing of contractor's submittals and provide for filing and retrieval of project documentation. Produce monthly reports indicating the status of all submittals in The review process. Send contractor's submittals, including requests for information, modification requests, shop drawings, schedules, and other submittals to the City's design consultants for review in accordance with the requirements of the construction contract documents for the projects. Monitor the progress of the contractor and City's design consultants in sending and processing submittals to see that documentation is being processed in accordance with schedules. d. Review contractor's application for payment and recommend payment in accordance with the procedures in the construction contract documents. e. Monitor contractors' compliance with minimum wage rate requirements as required by the construction contract documents. f. Establish and maintain a project documentation system consistent with the requirements of the construction contract documents, including daily construction reports and tracking corrections of defective work. g. Provide a full time on -site representative to serve as project contract administrator and to observe the construction of the project to determine that the completed project will meet the requirements of the contract documents. Provide documentation of observations made while at the site. h. Assist in the transfer of and acceptance by the construction contractor of any City - furnished equipment or materials. i. Establish and administer quality assurance procedures in accordance with the construction contract documents. Notify contractors of non - conforming work observed. Take action to initiate corrective procedures for defective work, coordinate special materials tests and performance tests needed to obtain a quality project. j. Review quality related documents provided by the contractor such as test reports, equipment installation reports or other documentation as , required by the construction contract documents. k. Establish procedures for administering constructive changes to the construction contracts. Process contract modifications and negotiate with the contractor on behalf of the City to determine the cost and time impacts of these changes. Prepare change /field order documentation for approved changes for execution by the City based on information provided by City's design consultants. I. Routinely examine the contractor's "as- built" drawings to determine that information appears to be recorded in an accurate and timely manner by the contractor as required in the construction contract documents. See that these drawings are provided to the City's design consultants at the completion of the project so they can revise the original construction drawings in accordance with the information furnished by the construction contractor to reflect changes made in the project during construction. —161— Exhibit B Page 1 of 2 FEE: m. Assist in project completion activities at the conclusion of construction. Observe completed construction for general conformance with the design concept and prepare a list of deficiencies to be corrected by the contractor before final payment can be recommended. Assist the City in obtaining legal releases, permits, warranties, spare parts, and keys from the Contractor. n. Permits, Insurance and Labor Affidavits - Consultant will monitor the progress of the contractor(s) in securing required building permits, insurance, and labor affidavits. o. Contractor,Construction Schedules - Consultant will review and familiarize itself with the detailed construction schedule of the contractors and sub - contractors within the framework of the Consultant's Master Schedule. p. Contract Administration, Construction Phase Procedures, and Scope of Services - Consultant will assist with coordination and communication among facility managers, Consultant, City, design professional(s), and contractor(s) and other appropriate parties in accordance with the City's objectives of time, quality, and costs. q. Construction Site Meetings - Consultant will attend periodic construction site meetings. r. Coordination of Other Independent Consultants - Consultant will assist the City Engineer with coordination of technical inspection and testing, including field testing, provided by design professional(s), or other third parties retained by City. s. Removal of Asbestos or any other Hazardous Material - The Consultant will only provide assistance in coordinating removal work, if any, with other ongoing activities. The Consultant will not be responsible for performing any asbestos or hazardous material administration, abatement, monitoring, management, removal, encapsulation, mitigation, or disposal activities. The Consultant will not be responsible for any failure of contractor(s), sub - contractors, design professionals, asbestos /hazardous material firms, or other third parties to adhere to any regulatory requirements. t. Progress Payments - Consultant will make observations at the site and upon applications for payment by contractor(s), which will include certified payrolls, Consultant will review the payment request for accuracy and progress of the work and forward its recommendations concerning payment to City Engineer. u. Monthly Job Progress Report - Consultant will prepare a daily inspection report and a monthly progress report for submission to the City Engineer, in writing, on the status of job site progress. A copy of the report will be forwarded to the City Engineer, or his designee. Included in the reports will be Consultant's review of contractor's progress payment requests, a status report on all incomplete change orders, and an evaluation of the Program Master Schedule. The report will also discuss any disputes, conflicts, or claims relating to the project. The report will also note any actual or anticipated departures from the most recent prior City - approved schedule of work. v. Change Order Control - Consultant will assist the City Engineer with change order(s). w. Shop Drawings - Consultant will familiarize itself with approved shop drawings for use during inspections. Shop drawings, as used here, will include vendor's drawings, catalog cuts, manufacturer's literature, samples, mock -ups and other materials submitted by contractor(s). Design professional(s) will be the responsible parties for technical review and approval of shop drawings including, where appropriate, shop inspections and releases. x. Claims - When requested, Consultant will assist the City Engineer with review the contents of any construction claim submitted. Fee for Basic Services Total Authorized Fee $1,242,320.00 -162- Exhibit B Page 2 of 2 AGENDA MEMORANDUM DATE: February 26, 2008 SUBJECT: K SPACE CONTEMPORARY — URBAN ART AND HIPHOP PARTY (GAP) AGENDA ITEM: Motion approving the application from the K Space Contemporary to temporarily close the following street section for Urban Art and HipHop Party (GAP). 1. The 400 block of Starr Street between Chaparral Street and Mesquite Street beginning Saturday, March 8, 2008 from 1:00 p.m. to 6:00 p.m. ISSUE: K Space Contemporary requires the temporary closure of the 400 block of Strarr Street between Chaparral Street and Mesquite Street and this requires Council approval. Section 49 -17(a) of the City Code of Ordinances, requires, as a condition of the street closure, that all events shall be open to the public and admission shall be free. REQUIRED COUNCIL ACTION: Street closing permits for large public events require City Council approval. PREVIOUS COUNCIL ACTION: None FUNDING: NIA RECOMMENDATION: Approval of the motion as presented. 4941, �` Kevin Stowers Interim Director of Engineering Services Additional Support Material 1. Exhibit "B" Site Map 2. Exhibit "C" Permit Application BACKGROUND INFORMATION Background: K Space Contemporary will be opening an art exhibition called Urban Art and HipHop Party (GAP). On March 8, 2008. K Space Contemporary is requesting the temporary closure of the 400 block of Starr Street from 2:00 pm to 5:00 pm between Chaparral and Mesquite Streets. See Exhibit "B ". To accommodate set up and take down they are requesting the temporary closure on Saturday, March 8, 2008 from 1 :00 pm to 6:00 pm. The Urban Art Project (GAP) community - based, social action program directed at area teens and partially funded by a grant from the City of Corpus Christi Arts & Cultural Commission. The goal of this project is to curb the problem of graffiti in Corpus Christi by educating youth and by providing a legal avenue for this activity. The Urban Art Project consists of a month long series of educational workshops, a design competition, and an exhibition of the works created during these workshops. This will be an exciting and rewarding event, especially for the teens who will be showing their work. To celebrate the completion of this project, K Space Contemporary would like to host a street party. The exhibition will be indoors. The outdoor portion will include music provided by a DJ, break - dancing performances, a skating demonstration by Straight Skate, and art booths in which guests can paint, draw and experiment with various art techniques. Food and beverages will be provided both indoors and outdoors. No alcohol beverages will be served. Traffic Engineering has received no requests for access from local businesses in the area. Accommodations are planned that will address al access issues during the temporary street closures. There are no outstanding issues or concerns as of today, February 7, 2008. Any that may come up between now and event time will be addressed to reasonably accommodate all parties involved. EXHIBIT "A" i i 'J .L cn MANN ST. ce J 1 U 0) Fw- Q OMNI BAYFRONT 1G sr 0) cZ srARR STARR ST. TEMPORARY STREET CLOSURE T. PEA TAYLOR STARK PLEB T. T. T. co co �.r if ■ N..T.S. EXHIBIT; " B " SUBJECT: URBAN ART AND HIPHOP PARTY (G.A.P.) - SITE PLAN - Traffic Engineering Div, Engineering Services Dept. -167- JAN 21,200B 12:24A 000 -000 -00000 page 2 TRAFFIC ENGINEERING DIVISION DEPARTMENT OF ENGINEERING SERVICES City of Corpus Christi APPLICATION FOR PERMIT TO CLOSE STREET FOR PUBLIC EVENTS 1. Name of Organization Sponsoring Event: SPAC.E. iiConn Y NP0 )/ 2. Name of Proposed Event: Y fl q 03ITW 4 4i jeP 'j i 3. Date of Planned Event: MkI , 200 4. Key Contact Individual giCittlide my Phone No. ge? 6783 5. Street(s) Requested for Closure, Dates and Times of Day: - DESCRIBE ./ I - } A-A AL h&G7LtI -r C L1$4 6. Purpose of Event and Detailed Description of Activities Planned: a, , lc r' k .+ • 11 _� SRO l_ 17 T./cis/Mr. AN Ntien e 41 v . + : �. '.gal irL fir! = ti � _� .11. u 14: ;• fi /A u ti7 I: 1 r�'r 11. , }, 1 P -_ wti t u 6E AwAirpat la. l wI ►.A- Svr LA.P ors A srr►AU,- O IATDDS1t 5rAar, 7. List foods and beverages to be served: 8. Services Requested by the City: r!� • d ntiLSQ6(47-t- 9. Attach a diagram illustrating in detail the location of booths, stages, restrooms, first -aid stations, etc., that will be included in the event. 10. Enclose a check or money order for $200 to cover administrative costs of handling application, payable to the City of Corpus Christi (City Ordinance 420463, 9/20/88). CI+G-c14: `7o FOUOW EXHIBIT "C" —1 6 8— JAN 31, 2008 12 :24A 000- 000 -00000 page 3 Permit to Close Street for Public Events 2 11. Attach an official letter of transmittal requesting approval of the event. 12. In consideration of obtaining a permit to close a City street for a public event, the applicant or sponsoring organization agrees to comply with the following applicable conditions: A. Admittance to said event shall be free; B. All profits derived from the event shall be for charitable causes; C. Pay the City four- percent (4 %) of the gross receipts derived from event, or reimburse the City for all costs incurred by the City in support of said event. Accurate financial records shall be maintained and payment shalt be made to the city within sixty (60) days after the event ends. D.* Provide and maintain an insurance policy with the limits and requirements shown on the attached Exhbit "A ". E.* Completion of indemnification Agreement; F. Provision of a traffic control plan for event, to be coordinated with the Traffic Engineering Division and Police Department. The City shalt be reimbursed for its installation of al! traffic sfgnage and barricading determined by the City to be necessary for safe control of the event. G.* Require written notice and notice to be given to tenants and building managers; and posting of same inside entrances to multi- tenant buildings. This notice is to be furnished and posted a minimum of 2 week prior to the required City Council meeting at which the motion to approve the Temporary Street Closure permit will be considered. H. Provide adequate number of restroom facilities to accommodate the anticipated public; I.* Qbtain the appropriate alcohol and food permits required by State and Local authorities, at least two (2) weeks prior to the event; J. Alt security other than perimeter traffic control shall be provided by sponsor; security shall consist of off -duty City Police officers, or other type security officially approved by the City. K. All construction of booths, stages, displays, electrical services and plumbing shall comply with City Codes. The final Layout of booths shalt be approved by the Director of Parks and Recreation; L. Provide for potable water within the event site; M. Provide first -aid stations; N. Provide continuous cleaning of the site during the event and return it to pre - event condition after event ends; 0. Restore any damaged City property promptly after event ends; P. Coordinate all phases of event with appropriate City departments to insure a safe and successful event; Q. Vehicles shall be prohibited from parking on grass areas within the street right - of -way. R. No obliteration or defacing of the street surface or sidewalk; except by chalk markings; JAN 31,2008 12:25A 000 -000 -00000 page 4 S. All City Noise Abatement Ordinances shall be complied with; T. Allow for the free passage of emergency vehicles into event area in case of emergency;; U. Carnival -type rides wilt not be permitted. V. Building and Electrical permits for a temporary promotional event, associated construction and Certificate of Occupancy are required. Evidence that these conditions have been met must be presented to the City Traffic Engineer prior to the request being submitted to the City Council for final approval. Signed: u • M Sko rile Event Chairman /Organizer Spy CoNi-rt-novattO Sponsoring Organization Date Submitted: 1 / 31 )oR JAN 31,2008 12:25A INDEMNITY AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES 000 -000 -00000 KNOW ALL MEN BY THESE PRESENTS WHEREAS, Section iii of said standards, entitled Procedure and Permit Requirements, requires a contractor for a permit to close or block any part of a roadway to file a statement with the Director of Engineering Services Traffic Engineering Division indemnifying in the city against all claims or causes of action by reason of or arising from the closing or blocking of the roadway pursuant to a permit issued by the City. Now, therefore, in consideration for the issuance of a permit to the undersigned by the City of Corpus Christi, for the purpose of barricading, blocking or closing a street, alley or other public right -of -way in said City, said permit applicant agrees to indemnify and safe harmless and defended the City of Corpus Christi, its agents and employees from any and all claims, lawsuits, demands, liabilities, losses or expenses, including court costs and reasonable attorney =s fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damages to any property which arise or may be alleged to have arisen directly or indirectly, as a result of the granting of this permit. The Contractor, during the term of operations specified in this Public Right-of- Way Blockage Permit, will provide and maintain at the Contractor expense, Comprehensive General Liability Insurance coverage with a Contractual Liability endorsement and with minimum limits of $1,000,000 Combined Single Limit for large events or $500,000 for small events as required by the Risk Manager of the City of Corpus Christi pursuant to Ordinance #19277. The City of Corpus Christi will be named as Additional Insured on the policy. Evidence of required insurance coverage with be a Certificate of. Insurance furnished to the Traffic Engineering Division prior to the proposed blockage under this permit. Witness my (our) hands) this 31 Sr _date of 73PINVAleY 200$ M eAh� i U € ,cr ty Permit Applicant K Pam- NOTaVLPn1Q\( Company Name page 5 JAN 32,2008 12:25A 01/24/08 09:21 FAX 512 491 2404 nri/MMMIMIL ,r+asaaovair i arriii 000 - 000 -00000 TML -IRP UNDERWRITING a002 TML4RP Contract Number: 8742 Member. Corpus Christi Downtown Management Dist Ms Novae Urban Piiktident 410 Peoples: St Corpus f;Ilrten.Texas 78401 -2318 Certificate of Coverage page 6 Company Affording Commies: Texas Municipal League intergovernmental Risk Pool PO Sox 149194 Austin, TX 78714.9194 (512) 491.2300 or (800) 537.6955 Fax: (512) 4912404 Certificate ikoldar: City of Corpus Christi P.O. Box 9277 Corpus Chnsti, Texas 78459 -9277 This is to certify that the coverages Meted balm have been provided to the merfber and are in effect at this Urea- Notwithstanding any roquir aments, terms, or candidate or any outer contract or agreement with raapact to which this reWffcate may be issued or may pertain, the coverage afforded by the Tama& Munieipa1 Le&Bua Igtergovernmgrltei Rl5k Pool (7ME_ -IRP) described harem is subject only to the terms, a elusions and additions of PAL- 'litre cavarege contracts between T11L4RP and ifs merrlberrs . Coverage is continuous until canceled. [Mineral ability Limits of Liability (Each Derurrenee): Sudden Emits Involving Pollution Each (rc:Urrenoo): Ammer Aggregate: Deductible per Ocrcutvatice: Law Enforesmenl Liability Urn Of Liability (Eadi Occu rents): Annual Aggregate: Deductible per tacourrenee: Errors and OmtseionssLiability ant of Liabinty(Each Wrongful Act): Annual Aggregate Deductible par pcwrrenoe: Aiftq Liability Effective s 1011 • t Anniversary Date: 101112008 51.000.000 51 ,000,000 32,000,000 SO eat A Persons' Proper4r Limits of Coverage: Effective tla: Anniversary Date: Deducilble�er Occurrence: M obIIe Equipment Effective Date: Anniversary Date: Effective te: Llrntt& of Coverage: Anniveerary Date: ... Deductible per Occurrence. Goiter & Machinery - Broad Form Per Aecldent Limit Effective Date: Deductible per occurrence: Amrvereery Dater Effective Date: Anniversary Date: Mortgagee Loss Payee, Loan Number. Limits of liability (Each Occurrence): Deductible perOccunence: Auto Phyaioal Derile je Effective Data; Annhre3rsary Dale: (mime Dais: Anniversary Date: Llmrts of Liebidty. CoIh sicn Deductible: Comprehensive Deductible: No. Less Payee: Loan Member; SCFtiPTiON: Evidence of coverage for tho K Space Art Gately Events etreeLcloswe, to be held On Saturday, March 8, 2005 from 1 :00 p.m. - 6:00 pm, 'futilities/Model Csnceflatlurr. Should any of the above described coverages be (71/levied before the anniversary dale thereof, TML -IRP will endoavor t0 mall 30 days written notice to the above named certificate holder, but failure to mat! such notice chat! Impose no obligation or liability of any kind upon T Aut . gweSenudiv). —172— Date 'Skied tl,4r7008 X102 02119/06 JAN 332008 12 :26A 000- 000 -00000 01/24/08 09.21 FAX 512 491 2404 TML -IRP LFNDERWRITING ADDITIONAL Co. RED PARTY - TI It C;.OVETcNN1ENi ENTITY • ,,,j This endorsement forms a part of the Declarations to which attached, effective on the inception date of the coverage unless otherwise stated herein, and modifies such coverage as is afforded by the provisions of the coverages shown below: ,rttity Name : Curpus Cluisti Downtown Managcment District Entity 1D : 8742 N..ffective Date : 318108 it is agreed that the "covered Parties" provision of the coverages listed above are amended to include as a covered party the governmental entity named below. Such coverage shall not exceed the lints of coverage as set forth in the Declarations. Govemmsntal Entity City of Corpus Christi TEXAS MUNICIPAL LEAGUE INTERGOVERNMENTAL RISK POOL -173- EL263 09J20Po7 X1000 page 7 JAN 31,2008 12:26A Axis Tattoo South Texas Gear Crawdaddy's Restaurant Art Pro] maybe 4— NR 00P) 3ea3S .uelS Art Project Stencil Painting Art Protect T shirt painting 000- 000 -00000 page 8 F-- Chapparal Street -4 Wooden dance floor for Break Dancers Art Project Transfer* Soft Drinks STRB $KB Skate shop booth STRBSKB Skate Ramp —1 7 4— Z. x DJ n'M'C Art Protect table Art Project At Prrojact table Mesquite Street —. f Kite Surf Shop K Space Contemporary Inside: Art Exhibit, Food & drIrks Glower Company Photo exhibit Formerly Taylor Brothers (may be a bar soon ?) AGENDA MEMORANDUM February 26, 2008 SUBJECT: Cefe Valenzuela Landfill — Work Order — Additional Excavation Storm Water Pond 3 (Project No. 5224) AGENDA ITEM: Motion to authorize the City Manager, or his designee, to execute a work order with BFI Waste Services of North America, Inc. (Allied Wastes) in the amount of $465,000.00 for additional excavation associated with storm water pond 3 at Cefe Valenzuela Landfill and daily cover material as additional services under the Landfill Services Agreement. ISSUE: The Landfill permit provides for the construction of storm water ponds to detain rain water runoff from the disposal areas. TCEQ directed the entire 26 acre pond be developed prior to Disposal Cell 3D reaching above current ground elevation. FUNDING: Funding is available from the Sanitary Landfill 2006 CIP Fund. RECOMMENDATION: Approval of the ordinance and motion as presented. Kevin R. Stowers Interim Director - Engineering Services ADDITIONAL INFORMATION Exhibit A. Background Information Exhibit B. Work Order Summary Exhibit C. Site Location Map pla Director of Solid Waste & Street Services H:IHOMEIKE V1NS1 GENl LANDFILLIValenzuela \StormWaterPond3WwdMemo.doc —177— ADDITIONAL INFORMATION WORK ORDER: The work order provides for the excavation of approximately 167,000 cubic yards of dirt associated with storm water dentition pond 3 at Cefe Valenzuela Landfill. Excavation will include drainage ditches and berms as required by TCEQ in association with the Cefe Valenzuela Landfill permit. Excess material is being stockpiled for use as daily cover material. The work is being accomplished through a work order with BFI Waste Services (Allied Waste) under the Landfill Services Agreement. The agreement provides for additional work requested by the City. BACKGROUND: The TCEQ permit provides for a pond system and drainage channels to be constructed before filling disposal cells above ground level. The permit is not specific as the channel and pond, but does describe ultimate build out design levels which would result in a 26- acre detention pond. City staff, outside counsel and engineering consultants believes the City has flexibility as to the timing of the construction of the pond which could be accomplished in phases. The permit modification modified the construction sequence, and did not require the ultimate construction until well into the future. Review indicates that only one of the 26 -acres need to be constructed to accommodate disposal cell 3D and a portion of cell 4A. The future sequence of cell construction will rely on other detention ponds that will be constructed as part of the next cell development. The City's outside counsel notified TCEQ in a letter dated November 26, 2007 that the City would proceed with partial construction of the detention pond and channel to accommodate Disposal Cell 3D drainage. TCEQ responded with a disapproval to proceed with partial construction in a letter dated December 18, 2007. While the City's outside consultants, legal counsel and staff believed, this exceeded the requirements of the permit, it was clearly complicating other issues associated with resolving the overall permit modifications. It was determined that it would be best to construct the entire storm water detention pond and channels to facilitate permit modification settlement. CONTRACTOR: Various alternatives were pursed to determine the most cost effective way to complete the required work in a timely manner. Contact was made and informal quotes were requested from several contractors that had performed similar work for the City. It was determined that none could respond in a timely manner. After review of the remaining options, it was determined that the City could proceed with a work order issued to BFI (Allied Waste) as an additional service through the Landfill Services Agreement. BFI (Allied Waste) was able to mobilize in a timely manner, subcontract for additional capacity to complete the work to meet TCEQ deadlines, and complete the work for cost that was less than other contractors contacted and that compared favorably to recently bid earth work. EXHIBIT A Page 1 of 2 Ii:W OMEIKEVINSIGENILANDFILLWakenzuelalStormWaterPQne l3 gekgExhA.doc ALTERNATIVES: The City options were: • Contesting the requirement with TCEQ which have further delayed settlement of the permit modification request; or • Wait for TCEQ to issue a Notice of Deficiency or Violation. FUNDING: Funding is available from the Sanitary Landfill 2006 CIP Fund. RECOMMENDATION: Approval of the motion as presented. H: WOMEIKEVINSIGENILANDFl LLIVal enzuefa lStormWaterPonfi3ltdBkgExhA.doc EXHIBIT A Page 2 of 2 WORK ORDER TO AUTHORIZE PAYMENT FOR ADDITIONAL SERVICES UNDER LANDFILL SERVICES AGREEMENT This work order is for additional services as authorized by Article II, Section 2.02(a)(xvii) of the Landfill Services Agreement between the City of Corpus Christi, a Texas home rule municipal corporation ( "City ") and BFR Waste Services of North America ( "BFI "), dated February 24, 2005 1. BFI will conduct excavations at Cefe Valenzuela Landfill consisting of approximately 167,000 cubic yards. a. BFI will excavate soil to create storm water detention pond 3 with associated drainage ditches and required berm. b. BFI will stockpile excavated material not used for berms for use as daily cover and other landfill use on the Cefe Valenzuela site. 2. The rate set out for the additional work authorized by this Work Order will be as set out in this section, and will not be based on the rates specified in Exhibit A of the Landfill Service Agreement. a. The City will pay BF1 at a rate of $2.75 per cubic yard for a total price of $465,000.00. b. Should the excavation be more than 10% greater than 167,000 cubic yards, the City will be invoiced the total difference at the rate of $2.75 per cubic yard. c. Payment for any additional amount over the $465,000.00 will be administratively approved, or when required approved by Council. City of Corpus Christi BFI WASTE SERVICES OF NORTH AMERICA, INC, By: By: 'Angel R. Escobar, P.E. Date Brad Dugas Date Interim Assistant City Manager District Manager ATTEST: Armando Chapa Date City Secretary APPROVED AS TO FORM: Assistant City Attorney Exhibit B Page 1 of 1 \ MproJect \councilexhibits \ exh5225a. d wg CEFE F. VALENZUELA MUNICIPAL LANDFILL .c Po Van= O PP, OSOR N. _ MVP .t •w .1C Wes, MOIL �«. 011li A Ia. • 10• WAN P•OR OIW PPE ...ma OWNS w wPP•034wSNP- M WNl Itl•1Ws •NOR.1rn PROJECT NO. 5224 1Slt — m1 SNOW PPM 0 —Oo SITE LOCATION MAP NOT 70 SCALE EXHIBIT "C" CEFE F. VALENZUELA LANDFILL - ADDITIONAL EXCAVATION STORM WATER POND 3181 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 2/14/2008 AGENDA MEMORANDUM AGENDA ITEM: February 26, 2008 a. Motion approving the Arterial Transmission and Grid Main Construction and Reimbursement Agreement submitted by Donald and Kathleen Kirchberg, owners and developers of Rhew Industrial Tracts Unit 1 located south of Leopard Street and east of Rhew Road for the installation of 2,508 linear feet of 12 -inch PVC water grid main; and b. Ordinance appropriating $166,225.11 from the Arterial Transmission & Grid Main Trust Fund No. 540450 -21805 -4030 to reimburse Donald and Kathleen Kirchberg for the installation of 2,508 linear feet of 12 -inch PVC water grid main; and declaring an emergency. ISSUE: Donald and Kathleen Kirchberg, owners and Developers of Rhew Industrial Tracts Unit 1, will start the installation of 2,508 linear feet of 12 -inch PVC water grid main, once the City Council approves the Arterial Transmission and Grid Main Construction and Reimbursement Agreement and appropriates funds to pay for the installation from the Arterial Transmission and Grid Main Trust Fund in compliance with the Platting Ordinance. RECOMMENDATION: Staff recommends approval of the motion and ordinance as presented. ire Bob Nix Assistant City Manager of Development Services Attachments: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Background Information Location Map and Schematic Proposed 12" Waterline Application for Waterline Reimbursement Application for Waterline Credit Cost Estimate Arterial Transmission and Grid Main Construction and Reimbursement Agreement -185- AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The plat for Rhew Industrial Tracts Unit 1 was approved by the Planning Commission on July 25, 2007.The development and platting of Rhew Industrial Tracts Unit 1 (Exhibit By requires a total extension of 2,508 linear feet of 12 -inch PVC water grid main along the east side of Rhew Road. The proposed 12 -inch water grid main begins at the existing 12 -inch water line stubbed out from the existing 48- inch waterline previously installed by others in Leopard Street and extends south along Rhew Road approximately 2,508 linear feet terminating at the Rhew Industrial Tracts Unit 1 south property line (Exhibit B). The proposed 12 -inch water grid main is identified on the City's 1997 Water Distribution System Master Plan. The developer submitted an Arterial Transmission and Grid Main Construction and Reimbursement Agreement (Exhibit F) and supporting documentation in compliance with provisions of the Platting Ordinance. The Application for the Water Line Reimbursement and supporting cost documentation is attached (Exhibit C). The total construction cost submitted by the Developer for the installation of 2,508 linear feet of 12 -inch PVC grid main is $191,713.35 (Exhibit E). The developer submitted an Application for Water Line Credit (Exhibit D), which allows the Developer to deduct the water acreage fee from the reimbursement and receive a credit for the water acreage fee that is applied to the water acreage fees during final plat recordation. The water acreage fee is subtracted from the construction cost. Reimbursement to the Developer is $166,225.11. Actual reimbursement is the construction cost less the acreage fee credit ($191,713.35- $25,488.24=$166,225.11). Reimbursement would be payable upon completion and acceptance of the water grid main work with the actual reimbursement to be determined based on the actual construction cost and not to exceed $166,225.11. Exhibit A Page 1 of 1 -186- STILLWELL LN. SUNTIDE RD. LEAN AND TELEVISE EXISTING 10' SS IN MAIN DR., ERNE DR. TO LEOPARD STREET LENGTH = 2598 FT REHAB EXISTING 10' SS WITH NEW INTERIOR PIPE LINER LENGTH = 515 FT PROPOSED 12' SS COLLECTION MAIN LENGTH = 1366 FT PROP. 8' DIST. MAIN WATER LENGTH = 928 FT FUTURE FH'S PROP. 12' GRID MAIN WATER LENGTH = 2508 FT 1 1 1 1 44)/ IN plc'•. GTy 7. EG'9II) z ('50� 3 4 D 5 V) 6 U 7 a 9 10 J 1- 11 12 z 1111111•11 14 L,J 15 IX 16 17 18 TENTIDN BASIN —187— THIS SECTION OF WATER LANE NOT TD BE ACTIVATED UNTIL LOTS 14 — 16 ARE CONNECTION OR SOUTHERLY BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX COMP. NO. EXB —SSW REIMB.DWG JOB NO. 97139 SCALE: 1" = 400' PLOT SCALE: SAME PLOT DATE: 2/5/08 SHEET 1 OF 1 IIExhibit B I Exhibit B SUNTIDE RD. TILLWELL LN. ERNE DR. T 1 LEAN AND TELEVISE EXISTING SDR IN TO MAIN DR., ERNE LEOPARD STREET LENGTH = 2598 FT REHAB EXISTING 10' 5S WITH NEW INTERIOR PIPE LINER LENGTH = 515 FT [PROPOSED 12' SS COLLECTION MAIN LENGTH = 1366 FT PROP. 8' DIST, MAIN WATER LENGTH = 928 FT FUTURE FH'S PROP. 12' GRID MAIN WATER LENGTH = 2508 FT -187- ENTION BASIN THIS SECTION DF WATER LINE NOT TO BE ACTIVATED UNTIL LOTS 14 — 18 ARE DEVELOPED OR SOUTHERLY CONNECTION IS MADE BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX COMP. NO. EM—SSW REIMB.DWG JOB NO. 97139 SCALE 1' - 400' PLOT SCALE: SAME PLOT DATE: 2/5/08 SHEET 1 OF 1 ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § This Arterial Transmission and Grid Main Construction and Reimbursement Agreement ( "Agreement ") is entered into between the City of Corpus Christi (hereinafter "City "), a Texas home -rule municipality, P.O. Box 9277, Corpus Christi, Texas, 78469 -9277, and Donald W. Kirchberg and Kathleen J. Kirchberg, 103 Duke Lane, Portland, Texas 78374 (hereinafter "Developer "). WHEREAS, Developer in compliance with the City Platting Ordinance, filed a plat to develop a tract of land of approximately 20.892 acres called Rhew Industrial Tracts Unit 1, located south of Leopard Street and east of Rhew Road, as shown in the attached Exhibit 1; WHEREAS, under the Platting Ordinance, the Developer is responsible for construction of a 12 -inch PVC grid main; WHEREAS, under the Platting Ordinance, the Developer is eligible for reimbursement of the Developer's costs for the construction of a 12 -inch PVC grid main; WHEREAS, it is essential that the 12 -inch PVC grid main be constructed along Rhew Road, in connection with Rhew Industrial Tracts Unit 1 for it will provide future service connections to the south, east, and west; NOW, THEREFORE, for the consideration set forth hereinafter, the City and Developer agree as follows: 1. REQUIRED CONSTRUCTION The Developer shall construct the 12 -inch PVC grid main needed for Rhew Industrial Tracts Unit 1 in compliance with the City's Platting Ordinance and under the plans and specifications approved by the Development Services Engineer. 2. PLANS AND SPECIFICATIONS a. The Developer shall contract with a professional engineer, acceptable to the City's Development Services Engineer, to prepare plans and specifications for the 12 -inch PVC grid main, as shown in Exhibit 1, with the following basic design: (1) Install 2,508 linear feet of 12 -inch PVC grid main. I of 7 —191— Exhibit F (2) Install 10 (ten) 12 -inch Tees X Any Branch Size. (3) Install 9 (nine) Fire Hydrant Assembly. (4) Install 7 (seven) 12 -inch Gate Valves with Box. (5) Installl (one) 12 -inch Cap Tapped for 2 -inch. (6) Install 4 (four) 12 -inch 45° Elbow. (7) Install 9 (nine) 6 -inch 90° Elbow, (8) Install 9 (nine) 6 -inch Gate Valves with Box. (9) Install 27 (twenty- seven) 6 -inch x 30 -inch PVC Pipe Nipple. (10) Install Traffic Control During Construction. (11) Additional Work for 12 -inch PVC Crossing of Petroleum Pipeline (12) Install 88 linear feet 12 -inch PVC Grid Main Laid at Extra Depth with Full Mega Lug Joint Restraint. (13) Install 100 linear feet Trench Safety for 12 -inch Waterline Over 5 -feet Deep. The 12 -inch PVC grid main will be constructed beginning at the existing 12- inch water line stubbed out from the existing 48 -inch waterline previously installed by others in Leopard Street and extends south along Rhew Road approximately 2,508 linear feet terminating at the Rhew Industrial Tracts Unit 1 south property line. b. The plans and specifications shall comply with City Standard Water Detail Sheets and Standard Specifications. c. Before the Developer begins construction, the plans and specifications must be approved by the Development Services Engineer. 3. SITE IMPROVEMENTS Prior to construction of the 12 -inch PVC grid main, the Developer shall acquire and dedicate to the City the required utility easement or right -of -way for the installation of the 12 -inch PVC grid main. 4. PLATTING FEES. Developer shall pay to the City of Corpus Christi the required acreage fees and pro -rata fees as required by the Platting Ordinance. 2 of 7 —192— 5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS. Developer shall award a contract and include within the contract that the 12 -inch grid main shall be constructed in accordance with the approved plans and specifications and completed by February 28, 2009. 6. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. 7. DEFAULT. The following events shall constitute default: a. Developer fails to engage a professional engineer for the preparation of plans and specifications for this project by the 10th calendar day after the date of approval by City Council. b. Developer's professional engineer fails to submit the construction plans and specifications to the City's Development Services Engineer by the 40th calendar day after the date of approval by City Council. c. Developer fails to award a contract for the construction of the project, according to the approved plans and specifications, by the 70th calendar day after the date of approval by City Council. d. Developer's contractor does not reasonably according to the approved plans and specifications construction of the project e. Developer's contractor fails to complete construction of the project, according to the approved plans and specifications, on or before February 28, 2009. In the event of default, the City shall have all its common law remedies in addition to the following: a. Cancellation of this reimbursement agreement without notice or cure. b. Refusal to record plat(s) or issue any certificate of occupancy for any structure to be served by the project. 8. THIRD -PARTY BENEFICIARY. Developer's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the project, contracts for testing services, and with the contractor for the construction of the project shall provide that the City shall be a third party beneficiary of each contract. 9. PERFORMANCE AND PAYMENT BONDS. Developer shall require its contractor for the construction of the project, before beginning the work, to execute to Developer and the City a performance bond if the contract is in excess of $100,000 and a payment bond if the contract is in excess of 3 of 7 -193- $25,000. The performance and payment bond shall comply with Texas Government Code, Chapter 2253 and shall be in the form and substance as attached hereto. The performance and payment bond shall name Developer and City as joint obligees. 10. NOTICE. Should Developer fail to perform any obligation or duty of this agreement, the City shall give notice to Developer, at the address stated above, of the need to perform such obligation or duty, and should Developer fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to Developer by reducing the reimbursement amount due Developer. Developer will pay to City the cost of such performance within 30 days from the date Developer receives notice of the cost of such performance. Notice required by the paragraph may be by United States Postal Service, First Class Mail, Certified, Return Receipt Requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. In the alternative, in the event of Developer's failure to cure any such breach after notice, the City may terminate this agreement. The provision for notice and cure contained herein shall not apply to a default under paragraph 7 hereinabove. 11. WARRANTY. Developer shall have contractor execute a warranty of the workmanship of and function of the 12 -inch PVC grid main and the construction thereof for a period of one year from and after the date of acceptance of the facilities by the City Engineer. Said warranty will be assigned and transferred to the City upon completion of this project. 12. REIMBURSEMENT. a. The City will reimburse the Developer 100% of the cost of the 12 -inch PVC grid main, upon satisfactory completion and testing in compliance with approved plans and specifications, and final acceptance not to exceed $166,225.11. See Cost Estimate attached hereto as Exhibit 2. b. The City will reimburse the Developer for expenses incurred for the preparation of plans and specifications for the 12 -inch PVC grid main by the professional engineer hired by the Developer. c. After appropriation of funding by the City Council, the City agrees to reimburse the Developer on a monthly basis and upon invoicing for work performed. Such reimbursement shall be made no later than 30 -days from the date of the invoice. Developer is to submit all required performance bonds and proof of required insurance in accordance with applicable laws. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. 13. INDEMNIFICATION. Developer shall indemnify and hold harmless the City, its agents, officers, and employees from all suits, actions, or claims and from all liability for any and all injuries or damages sustained by any person, including 4 of 7 -194- without limitation workers compensation, personal or incident to this 12 -inch PVC grid main onstructionury or death, arising from 14. This agreement is a covenant running with the land, Rhew Industrial Tracts Unit 1, a subdivision in Nueces County, Texas, and shall be recorded in the Official Public Records of Nueces County, Texas. 15. DISCLOSURE OF OWNERSHIP INTERESTS. Developer further agrees, in compliance with the City of Corpus Christi Ordinance No. 17112, to complete, as part this Agreement, the Disclosure of Ownership interests form attached hereto as Exhibit of 3. 16. EFFECTIVE. This agreement becomes effective and is binding upon and shall inure to the benefit of the City and Developer, and their respective heirs, successors, and assigns from and after the date of execution. 5 of 7 —195— EXECUTED IN DUPLICATE originals, this day of , 2008. ATTEST: CITY OF CORPUS CHRISTI By: Armando Chapa, City Secretary George K. Noe, City Manager APPROVED: :.:od day of re6run , 2008 By: Gary W Smith Assistant City Attorney for the City Attorney THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2008, by George K. Noe, City Manager, City of Corpus Christi, Texas, a Texas home -rule municipal corporation, on behalf of the corporation. Notary Public, State of Texas 6 of 7 -196- DEVELOPER: Donald W. Kirchberg and Kathleen J. Kirchberg 103 Duke Lane Portland, Texas 78374 Donald W. Ki chberg By: THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on Donald W. Kirchberg. ` - L ti Notary Public, tate of Teas ¶'enJ KiV CHARLES F. BAISH HI Notary Public, State of Texas My Commission Expires February 14, 2010 THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 1( , 2008, by Kathleen J. Kirchberg. Notary Public, tate of Texas l�1 7 of 7 —197— CHARLES F BAISH 111 Notary Public, State of Texas My Commission Expires February 14, 2010 StJNTIDE RD. STILLWELL LN. CLEAN AND TELEVISE EXISTING 10' SS IN MAIN DR., ERNE DR. TO LEOPARD STREET LENGTH = 2598 FT 2 3 1- 1 REHAB EXISTING 10' SS WITH NEW INTERIOR PIPE LINER LENGTH = 515 FT PROPOSED 12' SS COLLECTION MAIN LENGTH = 1366 FT 4 5 C') 6 U 7 Ce F-- 8 9 J 10 CZ' 1 D 12 q . z 13 PROP, 8' DIST. MAIN WATER LENGTH = 928 FT FUTURE FH'S PROP. 12' GRID MAIN WATER LENGTH = 2508 FT 14 L1J 15 17 18 TENTIDN BASIN -198- THIS SECTION OF WATER LINE NOT TO BE ACTIVATED UNTIL LOTS 14 - 18 ARE DEVELOPED OR SOUTHERLY CONNECTION IS MADE SASS AND WELSH ENGINEERING CORPUS CHRISTI, TX COMP. NO. EXB —SSW REIMB.DWG JOB NO. 97139 SCALE: 1" 400' PLOT SCALE: SAME PLOT DATE: 2/5/08 SHEET 1 OF 1 Exhibit 1 z 0 a UNIT PRICE H z z DESCRIPTION 00 O° 00 M o 10 CV 0 0 o CNv 0 N Li- -J COO 00 0 O O 0 0 0) O O o O p o o o r- N o CD to 0 et Ch 0. Ch N CO- to r O� 0 00 0 ti 0 0 0 0 l0 00 c ti w c) 0 1, 0 0 n N W 0) 0 0) w O) W -J 0 0_ W J a Q° C7 x 0 0 CO CA O 0 0 n O 0 u, N 0 0 0 in N V) -J 0 O 0 1n N 0 0 0 0 0 co 1D O O 0 O CO W W - J —I J J CO 0 co 0 LL H W Il Z W 4 Zi _z '_ rc Q J 0. X W a w w z O Q N zw 0 11 r a> 0 co "' m 0 0 >r cc F z z U ?00 X Cr) -,ao I- X 0 a z U - 0 F- cc 0 o 4 0 0 z 0 i� IX W ¢ W Z .-CL - -M 0 0 w rj CV Q ❑ LL J w " 0 } O = z O NC Qi Cr OW - w ELI 0 —1 )" w LT OCO U U O Q 0 0 a z EL W X I-. ❑¢z -aQ 0 N M s- O O 10 a 0 F N 0 40 M N 10 10 r 0 0 a 0 E O0 11J 43 IJ 0 W w . aW 0 — d' 3 0 O a Ir cc 10 a y W J -199- CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA" FIRM NAME Donald W. Kirchbera and Kathleen J. Kirchberg STREET: 103 Duke Lane CITY: Portland, TX ZIP: 78374 FIRM is: 1. Corporation _ 2. Partnership X 3. Sole Owner 4. Association 5. Other 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) N/A N/A 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 N/A N/A 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 N/A N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who 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 ". Name Consultant N/A N/A 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. r Certifying Person: r Am- Gil . jiR di Title: Owner (Type or Prjnt) Signature of Certifying Pe Vcrtv Date: Exhibit 3 Page 1 of 2 AN ORDINANCE APPROPRIATING $166,225.11 FROM THE ARTERIAL TRANSMISSION AND GRID MAIN TRUST FUND NO. 540450 -21805 -4030 TO REIMBURSE DONALD AND KATHLEEN KIRCHBERG FOR THE INSTALLATION OF 2,508 LINEAR FEET OF 12 -INCH PVC WATER GRID MAIN FOR RHEW INDUSTRIAL TRACTS UNIT 1; AND DECLARING AN EMERGENCY. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $166,225.11 is appropriated from the Arterial Transmission and Grid Main Trust Fund No. 540450 -21805 -4030 to reimburse Donald and Kathleen Kirchberg's reimbursement request for the installation of 2,508 linear feet of 12 -inch PVC water grid main for Rhew Industrial Tracts Unit 1, located south of Leopard Street and east of Rhew Road. SECTION 2. That upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meet ngs so that this ordinance is passed and shall take effect upon first reading as an ert ergency this the 26th of February, 2008. ATTEST: Armando Chapa City Secretary APPROVED as to form: February 18, 2008 1 By: ary ICJ. Smith Assistant City Attorney For City Attorney CITY OF CORPUS CHRISTI Henry Garrett Mayor --201 - H:1 LEG- DIR1SharedlGarySlagenda1200812- 261ORD- Approp- Kirchberg- RhewIndustrial.doc Page 2 of 2 Corpus Christi, Texas Day of , 2008 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, - Respectfully, Council Members Henry Garrett Mayor The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon —202 - H: \LEG -DI R\ Shared \GaryS \agend a\2008\2- 26 \ORD- Approp -Kirch berg- Rhewlndustriaidoc AGENDA MEMORANDUM AGENDA ITEM: February 26, 2008 a. Motion approving the Distribution Main Extension Construction and Reimbursement Agreement submitted by Donald and Kathleen Kirchberg, owners and developers of Rhew Industrial Tracts Unit 1 located south of Leopard Street and east of Rhew Road for the installation of 928 linear feet of 8 -inch PVC water distribution main; and b. Ordinance appropriating $30,165.58 from the Water Distribution Main Trust Fund No. 540450- 21806- 4030 to reimburse Donald and Kathleen Kirchberg for the installation of 928 linear feet of 8 -inch PVC water distribution main; and declaring an emergency. ISSUE: Donald and Kathleen Kirchberg, owners and Developers of Rhew Industrial Tracts Unit 1, will start the installation of 928 linear feet of 8 -inch PVC water distribution main, once the City Council approves the Distribution Main Extension Construction and Reimbursement Agreement and appropriates funds to pay for the installation from the Water Distribution Main Trust Fund in compliance with the Platting Ordinance. RECOMMENDATION: Staff recommends approval of the motion and ordinance as presented. AW 0-16 Bob Nix Assistant City Manager of Development Services Attachments: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Background Information Location Map and Schematic Proposed 8" Waterline Application for Waterline Reimbursement Cost Estimate Distribution Main Extension Construction and Reimbursement Agreement -205- AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The plat for Rhew Industrial Tracts Unit 1 was approved by the Planning Commission on July 25, 2007. A condition of platting Rhew Industrial Tracts Unit 1 (Exhibit B) required an extension of 2,508 linear feet of 12 -inch PVC water grid main along the east side of Rhew Road. Additionally, the City requires the extension of 928 linear feet of off -site 8 -inch PVC water grid main to provide a loop for the 12 -inch water grid main. The 8 -inch water distribution main will enhance water quality by connecting the proposed 12 -inch grid main to the water line in Main Drive, which is a dead end line. The 8 -inch water distribution main will be constructed beginning at an existing 6 -inch waterline located approximately 200 -feet east of the intersection of Erne Drive and Main Drive and extend to the east approximately 928 linear feet where it will connect to the proposed 12 -inch PVC water grid main on the east side of Rhew Road. (Exhibit B). The off -site portion of the 8 -inch PVC water distribution main is eligible for reimbursement in accordance with Section V.B.5.f.) (2) Distribution Main Extensions of the Platting Ordinance. The total cost submitted by the developer for the installation of 928 -feet, off-site 8 -inch water distribution main is $30,165.58 (Exhibit C). Provisions of the Platting Ordinance allow reimbursement of the cost incurred by the developer to construct a water distribution main. The water distribution main extension is 928 -feet, less than the maximum extension, which is one half mile (2,640 linear feet). The Fee Value (Water Acreage Fee) is $25,488.24, which is greater than 50 percent of the total installation cost of the off -site water distribution main; therefore, the developer may receive reimbursement for the installation cost of the portion of the 8 -inch water distribution main up to the maximum extension Reimbursement. The Platting Ordinance Section V.B.5. f) (2) (ii) states that if the developer costs for installation of such distribution main are greater than the lot/acreage fee, the developer shall be reimbursed (less any lotiacreage fee credits) from funds available in the Distribution Mains Trust Fund for that portion of the distribution main installed by the developer up to the maximum extension criteria. The total reimbursement owed to the developer for the installation of the water distribution main is: $30,165.58. The developer executed a Distribution Main Extension Construction and Reimbursement Agreement (Exhibit E) in compliance with provisions of the Platting Ordinance. The Application for Waterline Reimbursement and supporting cost documentation are attached (see Exhibits C and D) Reimbursement is payable upon completion and acceptance of the water distribution main work with the actual reimbursement to be determined based on the actual construction cost, not to exceed $30,165.58. Exhibit A Page 1 of 1 —206— SUNTIDE RD. STILLWELL LN. ERNE DR. T Wi x LEAN AND TELEVISE EXISTING 10' SS IN MAIN DR., ERNE DR. TO LEOPARD STREET LENGTH = 2598 FT REHAB EXISTING 10' SS WITH NEW INTERIOR PIPE LINER LENGTH = 515 FT PROPOSED 12' SS COLLECTION MAIN LENGTH = 1366 FT PROP, 8' DIST, MAIN WATER LENGTH = 928 FT FUTURE FH'S PROP. 12' GRID MAIN WATER LENGTH = 2508 FT /1441.—ig " 714',.'111-1 06) 2 3 I- 4 a 9 10 J rY 1- 11 12 Z 13 3 14 W 15 1 1S THIS SECTII4 OF WATER LIE NOT TO BE ACTIVATED UNTIL LOTS 14 — 10 ARE 17 DEVELOPED OR SOUTHERLY CONNECTION IS MADE 18 ENTIOI BASIN -207- BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX COMP. NO. EXB —SSW RE1MB.DWG JOB N0. 97139 SCALE 1' s 400• PLOT SCALE: SAME PLOT DATE: 2/5/08 SHEET 1 OF 1 Exhibit B APPLICATION FOR WATERLINE REIMBURSEMENT We, Donald W. Kirchberg and Kathleen J. Kirchberg, owners and developers of proposed Rhew Industrial Tracts Unit 1 Subdivision, hereby request reimbursement of $25,488.24 for the installation of the water distribution main in conjunction with said Subdivision, as provided for by City Ordinance No. 17092. Said $25,488.24 is a portion of the construction cost, including 7.5% Engineering, not in excess of the acreage fee, as shown by the cost supporting documents attached herewith. THE STATE OF TEXAS )( COUNTY OF NUECES )( This instrument was acknowledged before me on Donald W. Kirchberg and Kathleen J.Kkirchberg. ;;VM�a ANDREA E. SEGOVIA rife': �E Kota = ry Public, State of Texas s;ti� My Commission Expires •'a,t,M %` November 10, 2010 CERTIFICATION 7 ,20 Ogby Notary Public in and for Nueces County, Texas The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) sufficiency of funds in the Distribution Main Trust Fund, and (b) appropriation and approval by the City Council. /J%\/ Development Services Engineer —208— 2/V6 (Date) Exhibit C 1 AMOUNT 1 �- 0 co I,- N "" � _ 2,775.001 O h N 290.00 235.00 1 oo o 1) N 0 0 141 0 W. Q N r► $ 2,104.58 1 — __—r 1A41 W ri O @7 w in (DD w 0 en w w c., — C O. 2 it) 4 N co0•004 14) a) 141 N 0 N 6 N 0 N r 00 oo p Q O H CO CO M z 2 w 2 W 1 1L Q Q Q Q en fit -J Z a a w er1 DESCRIPTION w a. a 0 CO 8" 90° EL. DI z F- U H 0, Ce 0 0o 0 1L 0 U CC O Z Q 0, O az O CE U I- 0 LT. re W Z w J co re 2 w cc 0 1- z a J 0 2 1*) 1n Exhibit D 0 a) rn Co 0 DISTRIBUTION MAIN EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § This Distribution Main Extension Main Construction and Reimbursement Agreement ( "Agreement ") is entered into between the City of Corpus Christi (hereinafter "City "), a Texas home -rule municipality, P.O. Box 9277, Corpus Christi, Texas, 78469 -9277, and Donald W. Kirchberg and Kathleen J. Kirchberg, 103 Duke Lane, Portland, Texas 78374 (hereinafter "Developer "). WHEREAS, Developer in compliance with the City Platting Ordinance, filed a plat to develop a tract of land of approximately 20.892 acres called Rhew Industrial Tracts Unit 1, located south of Leopard Street and east of Rhew Road, as shown in the attached Exhibit 1; WHEREAS, under the Platting Ordinance, the Developer is responsible for construction of an 8 -inch PVC distribution main; WHEREAS, under the Platting Ordinance, the Developer is eligible for reimbursement of a portion of the Developer's costs for the construction of an 8 -inch PVC distribution main; WHEREAS, it is essential that the 8 -inch PVC distribution main be constructed in connection with Rhew Industrial Tracts Unit 1 for it will provide future service connections to the north and south and improve water quality by providing a loop between two dead end water mains; NOW, THEREFORE, for the consideration set forth hereinafter, the City and Developer agree as follows: 1. REQUIRED CONSTRUCTION The Developer shall construct the 8 -inch PVC distribution main needed for Rhew Industrial Tracts Unit 1 in compliance with the City's Platting Ordinance and under the plans and specifications approved by the Development Services Engineer. 2. PLANS AND SPECIFICATIONS a. The Developer shall contract with a professional engineer, acceptable to the City's Development Services Engineer, to prepare plans and specifications for the 8 -inch PVC distribution main, as shown in Exhibit 1, with the following basic design: (1) Install 928 linear feet of 8 -inch PVC distribution main. Exhibit E 1 of 6 —210— (2) (3) (4) (5) (6) (7) Install 3 (three) 8 -inch Gate Valves with Box. Install 1 (one) 90° Ductile Iron Elbow. Install 1 (one) 8 -inch x 6 -inch Ductile Iron Reducer. Install 1 (one) 6 -inch Tee, Cut In. Install Pavement Patching. Install Traffic Control During Construction. The 8 -inch water grid main will be constructed beginning at an existing 6 -inch waterline located approximately 200 -feet east of the intersection of Erne Drive and Main Drive and extend to the east approximately 928 linear feet where it will connect to the proposed 12 -inch PVC water grid main on the east side of Rhew Road. b. The plans and specifications shall comply with City Standard Water Detail Sheets and Standard Specifications. c. Before the Developer begins construction, the plans and specifications must be approved by the Development Services Engineer. 3. SITE IMPROVEMENTS Prior to construction of the 8 -inch PVC distribution main, the Developer shall acquire and dedicate to the City the required utility easement or right -of -way for the installation of the 8 -inch PVC distribution main. 4. PLATTING FEES. Developer shall pay to the City of Corpus Christi the required acreage fees and pro -rata fees as required by the Platting Ordinance. 5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS. Developer shall award a contract and include within the contract that the 8 -inch distribution main shall be constructed in accordance with the approved plans and specifications and completed by February 28, 2009. 6. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. 2 of 6 -211-- 7. DEFAULT. The following events shall constitute default: a. Developer fails to engage a professional engineer for the preparation of plans and specifications for this project by the 1 0th calendar day after the date of approval by City Council. b. Developer's professional engineer fails to submit the construction plans and specifications to the City's Development Services Engineer by the 40th calendar day after the date of approval by City Council. c. Developer fails to award a contract for the construction of the project, according to the approved plans and specifications, by the 70t calendar day after the date of approval by City Council. d. Developer's contractor does not reasonably pursue construction of the project according to the approved plans and specifications. e. Developer's contractor fails to complete construction of the project, according to the approved plans and specifications, on or before February 28, 2009. In the event of default, the City shall have all its common law remedies in addition to the following: a. Cancellation of this reimbursement agreement without notice or cure. b. Refusal to record plat(s) or issue any certificate of occupancy for any structure to be served by the project. 8. THIRD -PARTY BENEFICIARY. Developer's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the project, contracts for testing services, and with the contractor for the construction of the project shall provide that the City shall be a third party beneficiary of each contract. 9. NOTICE. Should Developer fail to perform any obligation or duty of this agreement, the City shall give notice to Developer, at the address stated above, of the need to perform such obligation or duty, and should Developer fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to Developer by reducing the reimbursement amount due Developer. Developer will pay to City the cost of such performance within 30 days from the date Developer receives notice of the cost of such performance. Notice required by the paragraph may be by United States Postal Service, First Class Mail, Certified, Return Receipt Requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. In the alternative, in the event of Developer's failure to cure any such breach after notice, the 3 of 6 -212- City may terminate this agreement. The provision for notice and cure contained herein shall not apply to a default under paragraph 7 hereinabove, 10. WARRANTY. Developer shall have contractor execute a warranty of the workmanship of and function of the 8 -inch PVC distribution main and the construction thereof for a period of one year from and after the date of acceptance of the facilities by the City Engineer. Said warranty will be assigned and transferred to the City upon completion of this project. 11. REIMBURSEMENT. a. The City will reimburse the Developer 100% of the cost of the 8 -inch PVC distribution main, upon satisfactory completion and testing in compliance with approved plans and specifications, and final acceptance not to exceed $30,165.58. See Cost Estimate attached hereto as Exhibit 2. b. The City will reimburse the Developer for expenses incurred for the preparation of plans and specifications for the 8 -inch PVC distribution main by the professional engineer hired by the Developer. c. After appropriation of funding by the City Council, the City agrees to reimburse the Developer on a monthly basis and upon invoicing for work performed. Such reimbursement shall be made no later than 30 -days from the date of the invoice. Developer is to submit all required performance bonds and proof of required insurance in accordance with applicable laws. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. 92. INDEMNIFICATION. Developer shall indemnify and hold harmless the City, its agents, officers, and employees from all suits, actions, or claims and from all liability for any and all injuries or damages sustained by any person, including without limitation workers compensation, personal injury or death, arising from or incident to this 8 -inch PVC distribution main construction. 13. This agreement is a covenant running with the land, Rhew Industrial Tracts Unit 1, a subdivision in Nueces County, Texas, and shall be recorded in the Official Public Records of Nueces County, Texas. 14. DISCLOSURE OF OWNERSHIP INTERESTS. Developer further agrees, in compliance with the City of Corpus Christi Ordinance No. 17112, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached hereto as Exhibit 3. 15. EFFECTIVE. This agreement becomes effective and is binding upon and shall inure to the benefit of the City and Developer, and their respective heirs, successors, and assigns from and after the date of execution. 4 of 6 -213- EXECUTED IN DUPLICATE originals, this day of , 2008. ATTEST: CITY OF CORPUS CHRISTI By: Armando Chapa, City Secretary George K. Noe, City Manager APPROVED: day of rULirry , 2008 By: Ga W. mith Assistant City Attorney for the City Attorney THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2008, by George K. Noe, City Manager, City of Corpus Christi, Texas, a Texas home -rule municipal corporation, on behalf of the corporation. Notary Public, State of Texas 5 of 6 —214— J DEVELOPER: Donald W. Kirchberg and Kathleen J. Kirchberg 103 Duke Lane Portland, Texas 78374 Donald W. Kirc berg THE STATE OF TEXAS § COUNTY OF NUECES § By: .r..� Kat 1 ?'- n . Kir j berg This instrument was acknowledged before me on ,a \ ( , 2008, by Donald W. Kirchberg. Notary Public,-'4-8 ate of Texas 't+* r� CHARLES F. BAISH Ili I*, Y Notary Public, State of Texas : My Commission Expires �e,;,` February 14, 2010 THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on Kathleen J. Kirchberg. 6`l Notary Publi , State of as 6 of 6 , 2008, by CHARLES E BAISH III Notary Public, State of Texas 's . My Commission Expires ,;, February 14, 2010 -215- z CLEAN AND TELEVISE EXISTING 10' SS IN MAIN DR., ERNE DR, TO LEOPARD �S2598TFT LENGTH R/114/%1//r-' 4. r� C�` G R ry A T4 REHAB EXISTING PIPE LINER WITH NEW 515 FT LENGTH SS PROPOSED 12 COLLECTION 1366 FT PROP. 8' DIST. MAIN THATE9 LEN 28 FT FUTURE FH'S PROP, 12' GRID MAIN WATER LENGTH = 2508 FT TENTION BASIN r THIS SECT LINE W aQ r HE CT IA DEVES_ L13TS 14 - 18 HATED ARE cut4e4E - itti. MAat AlAlt ICI OORR LIB_ 4CH WELSH ENGINEERING JOB t4a O. 1Q -SSW REIIIIB.DWG SCALE; -R 97 •• �. PLOT SALE: PLOT Os�Z -E: 2 8 � /0 SHEET y OF 1 1 W F w ICI Fl U Qg I w FF 04 4 ran � d AX w O o f3 O 1- c• N- Z f, n z N N 0 a 0 0 IL? ti N G 0) 0 0 Lei f+) N S 0 N qy O 0 W 0 a. 1- z S I(j rn 0 0 Lri N 0 O O 0 I() 00 ci 0 III 1- z IL W rn J co m T % ENGINEERING 1- O z z w C1 O co i co v � H w z o 1 0 0 1- 0 DESCRIPTION m w 0 J w cn co a w 0 W to x in z F D 0 w w 1- co WATER WORK co CC 0 u_ 0 1= z 0 0 z¢ oa. JO 0re Uw U uj LLU) rn Fz TOTAL AMOUNT REIMBURSABL 2 W 1--� t*1 IC1 co -217- Exhibit 2 Exhibit 3 I Date: /° CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business wet t1 e City to provide the following information. Every question must be answered. If the question is not applth $ answer with "NA ". FIRM NAME Donald W. Kirchberg and Kathleen J. Kirchberg STREET: _ 103 Duke Lane CITY: Portland. TX ZIP: 78374 FIRM is: 1. Corporation 2. Partnership X 3. Sole Owner 4. Association 5. Other 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 inteolt ## constituting 3% or more of the ownership in the above named "firm ". Name Job Title and City Department (if known) NIA N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership intent' constituting 3% or more of the ownership in the above named "firm ". Name Title N/A N/A 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 NIA N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an `ownership interest" constituting 3° %0r more of the ownership in the above named "firm ". Name N/A Consultant N/A CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that ! 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: aeA-42 (.tit, A4zei‘ )67-1/64.4- 6,.4 Of464" Title: Owner (Type or Print) Signature of Certifying Perso,�,..i: Page 1 of 2 AN ORDINANCE APPROPRIATING $30,165.58 FROM THE WATER DISTRIBUTION MAIN TRUST FUND NO 540450 - 21806 -4030 TO REIMBURSE DONALD AND KATHLEEN KIRCHBERG FOR THE INSTALLATION OF 928 LINEAR FEET OF 8 -INCH PVC WATER DISTRIBUTION MAIN FOR RHEW INDUSTRIAL TRACTS UNIT 1; AND DECLARING AN EMERGENCY. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $30,165.58 is appropriated from the Water Distribution Main Trust Fund No. 540450 - 21806 -4030 to reimburse Donald and Kathleen Kirchberg's reimbursement request for the installation of 928 linear feet of 8 -inch PVC water distribution main for Rhew industrial Tracts Unit 1, located south of Leopard Street and east of Rhew Road. SECTION 2. That upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the 26th of February, 2008. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED as to form: February 18, 2008 By: !�r.,��J .))1vt/ Gary W. Smith Assistant City Attorney For City Attorney Henry Garrett Mayor H:1 LEG- DIRIShared \GarySlagenda \.200812- 261ORD- Approp Kir` cchberg- Rhewindustrial- water.doc Page 2of2 Corpus Christi, Texas Day of , 2008 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon H:1LEG -DI RlSharedlG arySlagenda1200812- 2810RD- Approp?. KirCh6erg- Rhewlndustrial- waler.doc AGENDA MEMORANDUM AGENDA ITEM: February 26, 2008 a. Motion approving the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement submitted by Donald and Kathleen Kirchberg, owners and developers of Rhew Industrial Tracts Unit 1 located south of Leopard Street and east of Rhew Road for the installation of 1,366 linear feet of 12 -inch PVC sanitary sewer collection line; and b. Ordinance appropriating $166,843.50 from the Sanitary Sewer Collection Line Trust Fund No. 4220 - 540450 to pay Donald and Kathleen Kirchberg, for the installation of 1,366 linear feet of 12 -inch PVC sanitary sewer collection line as specified in the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement to develop Rhew Industrial Tracts Unit 1 and to pay lot/acreage fees related to Rhew Industrial Tracts Unit 1; and declaring an emergency. ISSUE: Donald and Kathleen Kirchberg, owners and developers of Rhew Industrial Tracts Unit 1, will start the installation of a 12 -inch PVC sanitary sewer collection line from an existing manhole located at the intersection of Eme Drive and Main Drive and extend to the east approximately 1,366 linear feet where it will terminate at a proposed manhole on the east side of Rhew Road once the City Council approves the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement and appropriates funds to pay for the installation from the Sanitary Sewer Collection Line Trust Fund in compliance with the Platting Ordinance. The reimbursement amount of $166, 843.50 is appropriated from the Sanitary Sewer Collection Line Trust Fund to pay $139,036.25 to Donald and Kathleen Kirchberg as reimbursement for the installation of 1,366 linear feet of 12 -inch PVC sanitary sewer collection line and to pay 27,807.25 in lot/acreage fees related to Rhew Industrial Tracts Unit 1 to the Sanitary Sewer Trunk System Trust Fund. RECOMMENDATION: Staff recommends approval of the motion and ordinance as presented. lv T Bob Nix, AICP ACM of Development Services Attachments: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Background Information Location Map and Schematic of Water and Wastewater Lines Application for Sewer Line Reimbursement Application for Sewer Line Credit Cost Estimate Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The development and platting of Rhew Industrial Tracts Unit 1 (Exhibit B) requires the off -site extension of a 12 -inch sanitary sewer collection line. The off -site sanitary sewer collection line will begin at an existing manhole located at the intersection of Eme Drive and Main Drive and extend to the east approximately 1,366 linear feet where it will terminate at a proposed manhole on the east side of Rhew Road (Exhibit B). Additionally, the developer will rehabilitate the existing 10 -inch sanitary sewer line in Main Drive that the new 12 -inch line connects to by cleaning and televising 2,598 linear feet of existing 10 -inch sanitary sewer line, and rehabilitating 515 linear feet of existing 10 -inch sanitary sewer line with Cast In Place Pipe (CIPP). On December 18, 2007, the City Council passed Ordinance No. 027544, a Sanitary Sewer Master Plan Amendment, which allowed the wastewater from Rhew Industrial Tracts Unit 1 to flow to the Allison Wastewater Treatment Plant, a distance of 1,366 feet, rather than the Greenwood Wastewater Treatment Plant, a distance of 1.10 miles. The amendment afforded the developer the opportunity to develop the property with connection to City wastewater service instead of on -site sewage treatment. The 12 -inch sanitary sewer collection line is required to provide sanitary sewer service to Rhew Industrial Tracts Unit 1 and is eligible for reimbursement as a sanitary sewer collection line in accordance with the Platting Ordinance. The Rhew Industrial Tracts plat was approved by Planning Commission on July 25, 2007. The developer submitted an application for sewer line reimbursement (Exhibit C) and a Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement (Exhibit F) with supporting documentation in compliance with provisions of the Platting Ordinance. In accordance with the reimbursement criteria in Section V.B.6.f)(2) of the Platting Ordinance, the developer of Rhew Industrial Tracts Unit 1 is eligible for a maximum reimbursement equivalent to 50% of the mathematical product obtained by multiplying the off -site pipe diameter in inches by the fee value of the property to be platted. The acreage fee value is $27,807.25 and the average pipe diameter in inches is 12- inches. Therefore, the maximum reimbursement is ($27,807.25 x 12) x 50% = $166,843.50. The total construction cost (Exhibit E) submitted by the developer for the installation of 1,366 linear feet of 12 -inch sanitary sewer collection line, cleaning and televising 2,598 linear feet of existing 10- inch sanitary sewer line, and rehabilitation of 515 linear feet of existing 10 -inch sanitary sewer line with Cast In Place Pipe (CIPP) is $168,636.11. The construction cost ($168,636.11) is greater than the maximum reimbursement ($166,843.50) and therefore the reimbursement is determined based on the maximum reimbursement, not the total construction cost. The developer submitted an application for sewer line credit (Exhibit D), which allows the Developer to deduct the wastewater acreage fee from the reimbursement and receive a credit for the wastewater acreage fee that is applied to the wastewater acreage fee paid during final plat recordation. The wastewater acreage fee is subtracted from the maximum reimbursement. The maximum reimbursement, Tess the acreage fee credit is $139,036.25 ($166,843.50- $27,807.25= $139,036.25). Reimbursement to the Developer is payable upon completion and acceptance of the sanitary sewer collection line work, not to exceed $139,036.25. The acreage fee credit of $27,807.25 is paid to the Sanitary Sewer Trunk System Trust Fund. EXHIBIT A STILLWELL LN. ERNE DR. SUNTIDE RD. 4E43494 ST LEAN AND TELEVISE EXISTING 10' SS IN MAIN DR,, ERNE DR. TO LEOPARD STREET ti LENGTH = 2598 FT REHAB EXISTING 10' SS WITH NEW INTERIOR PIPE LINER LENGTH = 515 FT PROPOSED 12' SS COLLECTION MAIN LENGTH = 1366 FT PROP, 8' DIST, MAIN WATER LENGTH = 928 FT FUTURE FH'S PROP, 12' GRID MAIN WATER LENGTH = 2508 FT 4 a g J < 10 ce 11 D 12 13 14 15 17 18 ENTION BASIN —225— THIS SECTION OF WATER LINE NOT TEl BE ACTIVATED UNTIL LOTS 14 - 1B ARE DEVELOPED OR SOUTHERLY CONNECTION IS NADE BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX COUP. NO. EXB -SSW REIMB.DwG JOB NO. 97139 SCALE: 1 ' e 400' PLOT SCALE: SAME PLOT DATE: 2/5/08 SHEET 1 OF 1 Exhibit B APPLICATION FOR SEWERLINE REIMBURSEMENT We, Donald W. Kirchberg and Kathleen J. Kirchberg , owners and developers of proposed Rhew Industrial Tracts Unit 1 Subdivision, hereby request reimbursement of $139,036.25 for the installation of the sanitary sewer collection line in conjunction with said Subdivision, as provided for by City Ordinance No. 17396. Said $139,036.25 is the construction cost, including 7.5% Engineering, in excess of the lot/acreage fee, as shown by the cost supporting documents attached here THE STATE OF TEXAS )( COUNTY OF NUECES )( This instrument was acknowledged before me on Donald W. Kirchberg and Kathleen J. Kirchberg . (32-9T - - Notary Public in and for the Soft of Texas CERTIFICATION cgL, (D. te) tt ,200E , by The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) sufficiency of funds in the (Trunk Line) (Collection Line) Trust Fund, and (b) appropriation and approval by the City Council. 1 , 1/44.;,4: Development Services Engineer —226— (Date) Exhibit C APPLICATION FOR SEWERLINE CREDIT We, Donald W. Kirchberg and Kathleen J. Kirchberg , owners and developers of proposed Rhew Industrial Tracts Unit I Subdivision, hereby apply for a $ 27,807.25 credit towards the sanitary sewer acreage fee for the sanitary sewer collection line extension installed in conjunction with said Subdivision as provided for by City Ordinance No. 17396. Said $27,807.25 is a portion of the construction cost, including Engineering cost, as shown by the cost supporting documents attached herewith. THE STATE OF TEXAS )( COUNTY OF NUECES )( This instrument was acknowledged before me on Donald W. Kirchberg and Kathleen J. Kirchberg. CHARLES F. BAISH 10 Notal My omml Texas ss Expires February 14, 2010 1 (Date) Notary Public in and for the State of Texas , 2008, by CERTIFICATION The information submitted with this application has been reviewed and determined to be correct and a credit of $ 2 7,5"0-4 is herewith approved. Gat Development Services Engineer —227— Exhibit D RHEW INDUSTRIAL TRACTS UNIT 1 OFF -SITE SANITARY SEWER COLLECTION MAIN ITEMS TOTAL PRICE c 0' °°O° 0 c 0 0 c 0 100'005`i 1,325.00 ,c M �" oo o 0r+., - 0 o P _ 0 'r 000 3,827.00 I 000 c:, OrD wm 'I VD w `p op ;� 1 $ 166,843.50 1 1 $ 27,807.25 1 N CD O el T UNIT COST 0 en O O O 0 O in T 1,500.00 o N M - o . ° , 60.00 o O N t+i CTION COST — 7 -I /2% ENGINEERINGI TOTAL COST R ACREAGE FEE CREDIT QUANTITY' ∎D en N .-. ,.O en 00 N 81 – TOTAL CONSTRU EA 1 LS EA LS 1 TEWATE TOTAL REI] DESCRIPTION 12" PVC PIPE (7' TO 10' DEPTH) FIBERGLASS MH 4' D1A. SLIPL1NE EXIST. MH WITH NEW FIBERGLASS LINER PAVEMENT PATCHING TRAFFIC CONTROL DURING CONST. FOR SS WORK IN STREET ROW TRENCH SAFETY FOR SANITARY SEWER EXCAVATION CLEAN AND TELEVISE EXISTING 10" SS IN MAIN DRIVE, FROM MAIN DRIVE MH -1 TO MAIN DRIVE MH -6 REPAIR SERVICE LINE CONNECTIONS AT EXISTING 10" SS IN MAIN DRIVE VIA REPAIR METHOD FROM INSIDE 10" PIPE (NO SURFACE CUT) INSTALL CIPP IN EXISTING 10" SS IN MAIN DRIVE, FROM MAIN DRIVE MH -1 TO MAIN DRIVE MH -2 [PERFORMANCE AND PAYMENT BONDS ON ABOVE MAXIMUM REIMBURSEMENT = 50% x 12 x $27,807.25 = 8166,843.50 TOTAL COST IS GREATER THAN THE MAXIMUM REIMBURSEMENT THEREFORE, REIMBURSEMENT AMOUNT IS DETERMINED BASED ON THE MAXIMUM REIMBURSEMENT LESS WAS W .- N M U'f 146 l-: 00 az O -228- SANITARY SEWER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES This Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement ( "Agreement ") is entered into between the City of Corpus Christi (hereinafter "City "), a Texas home -rule municipality, P.O. Box 9277, Corpus Christi, Texas, 78469- 9277, and Donald W. Kirchberg and Kathleen J. Kirchberg, 103 Duke Lane, Portland, Texas 78374 (hereinafter "Developer "). WHEREAS, Developer in compliance with the City Platting Ordinance, has filed a plat to develop a tract of land of approximately 20.892 acres called Rhew Industrial Tracts Unit 1 located south of Leopard Street and east of Rhew Road, as shown in the attached Exhibit 1; WHEREAS, Developer, will soon be commencing construction on infrastructure and related site improvements in accordance with City approved construction plans and specifications; WHEREAS, under the Platting Ordinance, the Developer is responsible for construction of a sanitary sewer collection line extension; WHEREAS, under the Platting Ordinance, the Developer is eligible for reimbursement of the Developer's costs for the construction of a sanitary sewer collection line extension; WHEREAS, it is essential that the sanitary sewer collection line extension be constructed in connection with the development for service to be provided upon completion of the development; WHEREAS, it is in the interest of the City and the Developer for the 12 -inch collection line to be constructed along with the Developer's project at this time; NOW, THEREFORE, for the consideration set forth hereinafter, the City and Developer agree as follows: 1. REQUIRED CONSTRUCTION The Developer shall construct the 12 -inch PVC sanitary sewer collection line needed for Rhew Industrial Tracts Unit 1 in compliance with the City's Platting Ordinance and under the plans and specifications approved by the Development Services Engineer. Exhibit F 1 of 6 —229— 2. PLANS AND SPECIFICATIONS a. The Developer shall contract with a professional engineer, acceptable to the City's Development Services Engineer, to prepare plans and specifications for the 12 -inch PVC sanitary sewer collection line, as shown in Exhibit 1, with the following basic design: (1) Install 1,366 linear feet of 12 -inch PVC sanitary sewer collection line (2) Install 4 (four) 4 -foot diameter fiberglass manholes. (3) Rehabilitate 2 (two) manholes with a new fiberglass liner. (4) Install Pavement Patching. (5) Traffic Control During Construction. (6) Install 1,366 linear feet of Trench Safety. (7) Clean and Televise 2,598 linear feet in Main Drive. (8) Repair 18 (eighteen) Service Line Connections. (9) Install 515 linear feet of Cast In Place Pipe (CIPP). The sanitary sewer collection line will be constructed from an existing manhole located at the intersection of Erne Drive and Main Drive and extend to the east approximately 1,366 linear feet where it will terminate at a proposed manhole on the east side of Rhew Road. b. The plans and specifications shall comply with City Standard Wastewater Detail Sheets and Standard Specifications. c. Before the Developer begins construction, the plans and specifications must be approved by the City's Development Services Engineer. 3. SITE IMPROVEMENTS Prior to construction of the 12 -inch sanitary sewer collection line, the Developer shall acquire and dedicate to the City the required utility easement or right -of -way for the installation of the 12 -inch sanitary sewer collection line. 4. PLATTING FEES. Developer shall pay to the City of Corpus Christi the required acreage fees and pro -rata fees as required by the Platting Ordinance. 5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS. Developer shall award a contract and include within the contract that the 12 -inch sanitary sewer collection Tine shall be constructed, in accordance with the approved plans and specifications, and completed by February 28, 2009. 2of6 -230- 6. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. 7. DEFAULT. The following events shall constitute default: a. Developer fails to engage a professional engineer for the preparation of plans and specifications for this project by the 10th calendar day after the date of approval by City Council. b. Developer's professional engineer fails to submit the construction plans and specifications to the City's Director of Engineering Services by the 40th calendar day after the date of approval by City Council. c. Developer fails to award a contract for the construction of the project, according to the approved plans and specifications, by the 70t calendar day after the date of approval by City Council. d. Developer's contractor does not reasonably pursue construction of the project according to the approved plans and specifications. e. Developer's contractor fails to complete construction of the project, according to the approved plans and specifications, on or before February 28, 2009. In the event of default, the City shall have all its common law remedies in addition to the following: a. Cancellation of this reimbursement agreement without notice or cure. b. Refusal to record plat(s) or issue any certificate of occupancy for any structure to be served by the project. 8. THIRD -PARTY BENEFICIARY. Developer's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the project, contracts for testing services, and with the contractor for the construction of the project shall provide that the City shall be a third party beneficiary of each contract. 9. PERFORMANCE AND PAYMENT BONDS. Developer shall require its contractor for the construction of the project, before beginning the work, to execute to Developer and the City a performance bond if the contract is in excess of $100,000 and a payment bond if the contract is in excess of $25,000. The performance and payment bond shall comply with Texas Government Code, Chapter 2253 and shall be in the form and substance as attached hereto. 3 of 6 —231— 10. NOTICE. Should Developer fail to perform any obligation or duty of this agreement, the City shall give notice to Developer, at the address stated above, of the need to perform such obligation or duty, and should Developer fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to Developer. Developer will pay to City the cost of such performance within 30 days from the date Developer receives notice of the cost of such performance. Notice required by the paragraph may be by United States Postal Service, First Class Mail, Certified, Return Receipt Requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. In the alternative, in the event of Developer's failure to cure any such breach after notice, the City may terminate this agreement. The provision for notice and cure contained herein shall not apply to a default under paragraph 7 hereinabove. 11. WARRANTY. Developer shall fully warranty the workmanship of and function of the 12 -inch sanitary sewer collection line and the construction thereof for a period of one year from and after the date of acceptance of the facilities by the City Engineer. 12. REIMBURSEMENT. a. The City will reimburse the Developer 100% of the cost of the 12 -inch sanitary sewer collection line, not to exceed $139,036.25. See Cost Estimate attached hereto as Exhibit 2. b. The City will reimburse the Developer for expenses incurred for the preparation of plans and specifications for the 12 -inch sanitary sewer collection line by the professional engineer hired by the Developer. c. The City further agrees to reimburse the Developer on a monthly basis and upon invoicing for work performed. Such reimbursement shall be made no later than 30 -days from the date of the invoice. Developer is to submit all required performance bonds and proof of required insurance in accordance with applicable laws. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. 13. INDEMNIFICATION. Developer shall indemnify and hold harmless the City, its agents, officers, and employees from all suits, actions, or claims and from all liability for any and all injuries or damages sustained by any person, including without limitation workers compensation, personal injury or death, arising from or incident to this 12 -inch sanitary sewer collection line construction. 14. This agreement is a covenant running with the land, Rhew Industrial Tracts Unit 1, a subdivision in Nueces County, Texas, and shall be recorded in the Official Public Records of Nueces County, Texas. 4 of 6 -232- 15. DISCLOSURE OF OWNERSHIP INTERESTS. Developer further agrees, in compliance with the City of Corpus Christi Ordinance No. 17112, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached hereto as Exhibit 3. 16. EFFECTIVE. This agreement becomes effective and is binding upon and shall inure to the benefit of the City and Developer, and their respective heirs, successors, and assigns from and after the date of execution. EXECUTED IN DUPLICATE originals, this day of , 2008. ATTEST: Armando Chapa, City Secretary CITY OF CORPUS CHRISTI By: George K. Noe, City Manager APPROVED: day of rebrixtril , 2008 tt By: Gary {+ . Smith Assistant City Attorney for the City Attorney THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on , 2008, by George K. Noe, City Manager, City of Corpus Christi, Texas, a Texas home -rule municipal corporation, on behalf of the corporation. Notary Public, State of Texas 5 of 6 —233-- DEVELOPER: Donald W. Kirchberg and Kathleen J. Kirchberg onald W. Ki chberg ATTEST: By: THE STATE OF TEXAS COUNTY OF NUECES t1 This instrument was acknowledged before me on Donald W. Kirchberg and Kathleen J. Kirchberg. Notary Pub ic, State of Texas 6 of 6 —234— t i , 2008, by CHARLES F. BAISH HI Notary Public, State of Texas My Commission Expires February 14, 2010 SUNTIDE RD. STILLWELL LN. CLEAN AND TELEVISE EXISTING 10' SS IN MAIN DR., ERNE DR. TO LEOPARD STREET LENGTH = 2598 FT REHAB EXISTING 10' SS WITH NEW INTERIOR PIPE LINER LENGTH = 515 FT PROPOSED 12' SS COLLECTION MAIN LENGTH = 1366 FT A ROP G7-/,/ 11/4 TECA)4Ii (sot 'rT PROP. 8' DIST. MAIN WATER LENGTH = 928 FT FUTURE FH'S PROP. 12' GRID MAIN WATER LENGTH = 2508 FT 14 W 15 Clf 16 THIS SECTION OF WATER LI1+E NOT TO BE ACTIVATED UNTIL LOTS 14 - I8 ARE 17 DEVELOPED OR SOUTHERLY CONNECTION IS MADE 18 TENTION BASIN -235- BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX COMP. NO. EXB -SSW R9MB.OWG JOB NO. 97139 SCALE: 1" - 400' PLOT SCALE SAME PLOT DATE: 2/5/08 SHEET 1 OF 1 Exhibit 1 RHEW INDUSTRIAL TRACTS UNIT 1 OFF -SITE SANITARY SEWER COLLECTION MAIN ITEMS 97139 PCE -SS REIMBURSE 1/23/08 ITEM DESCRIPTION UNIT QUANTITY UNIT COST TOTAL PRICE I. 12" PVC PIPE (7' TO 10' DEPTH) LF 1,366 39.50 53,957.00 2. FIBERGLASS MH 4' DIA. EA 4 4,000.00 16,000.00 3. SLIPLINE EXIST. MH WITH NEW FIBERGLASS LINER EA 2 9,500.00 19,000.00 4. PAVEMENT PATCHING LS 1 1,500.00 _ 1,500.00 5. TRAFFIC CONTROL DURING CONST. FOR SS WORK IN STREET ROW LS 1 1,325.00 1,325.00 6, TRENCH SAFETY FOR SANITARY SEWER EXCAVATION LF 1,366 1.00 1,366.00 7. CLEAN AND TELEVISE EXISTING 10" SS IN MAIN DRIVE, FROM MAIN DRIVE MH -1 TO MAIN DRIVE MH -6 LF 2,598 4.60 11,950.80 8. REPAIR SERVICE LINE CONNECTIONS AT EXISTING 10" SS IN MAIN DRIVE VIA REPAIR METHOD FROM INSIDE 10" PIPE (NO SURFACE CUT) EA 18 60.00 1,080.00 9. INSTALL CIPP IN EXISTING 10" SS IN MAIN DRIVE, FROM MAIN DRIVE MH -1 TO MAIN DRIVE MH -2 LF 515 91.00 46,865.00 10. PERFORMANCE AND PAYMENT BONDS ON ABOVE LS 1 3,827.00 3,827.00 TOTAL CONSTRUCTION COST 156,870.80 1 7-1/2% ENGINEERING 11.765.31 1 TOTAL COST $ 168,636.11 MAXIMUM REIMBURSEMENT = 50% x 12 x $27,807.25 = $166,843.50 TOTAL COST IS GREATER THAN THE MAXIMUM REIMBURSEMENT THEREFORE, REIMBURSEMENT AMOUNT IS DETERMINED BASED ON THE MAXIMUM REIMBURSEMENT $ 166,843.50 LESS WASTEWATER ACREAGE FEE CREDIT $ 27,807.25 1 TOTAL REIMBURSEMENT AMOUNT $ 139,036.25 m Page 1 of 1 iAiLA CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA" FIRM NAME Donald W. Kirchberg and Kathleen J. Kirchberg STREET: 103 Duke Lane CITY: Portland, TX ZIP: 78374 FIRM is: 1. Corporation 2. Partnership X 3. Sole Owner . 4. Association 5. Other 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) N/A N/A 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 N/A N/A 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 NIA N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who 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 ". Name Consultant N/A N/A 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. le Certifying Person:—D014 ‘-e Lid / <iee ZZeref ffa ,t1 440 7 Title: Owner (Type or Pri /v Signature of Certifying Per-o�� ��� ;, `.�; i�L�i Date: I/ ' -237- Exhibit 3 Page 1 of 2 AN ORDINANCE APPROPRIATING $166,843.50 FROM THE SANITARY SEWER COLLECTION LINE TRUST FUND NO. 4220 - 540450 TO PAY DONALD AND KATHLEEN KIRCHBERG FOR THE INSTALLATION OF 1,366 LINEAR FEET OF 12 -INCH PVC SANITARY SEWER COLLECTION LINE AS SPECIFIED IN THE SANITARY SEWER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT TO DEVELOP RHEW INDUSTRIAL TRACTS UNIT 1 AND TO PAY LOT /ACREAGE FEES RELATED TO RHEW INDUSTRIAL TRACTS UNIT 1; AND DECLARING AN EMERGENCY. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $166,843.50 is appropriated from the Sanitary Sewer Collection Line Trust Fund No. 4220 - 540450 to pay Donald and Kathleen Kirchberg's reimbursement request for the installation of 1,366 linear feet of 12 -inch PVC sanitary sewer collection line as specified in the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement to develop Rhew Industrial Tracts Unit 1 and to pay to the Sanitary Sewer Collection Line Trust Fund the lot/acreage fees credits related to Rhew Industrial Tracts Unit 1, located south of Leopard Street and east of Rhew Road. SECTION 2. That upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the 26th of February, 2008. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED as to form: February 18, 2008 r' By: i a.Yt Zt �L ' `GarW. mith Assistant City Attorney For City Attorney Henry Garrett Mayor F{:1 LEG- DIRISharedl GarySlagenda1200812- 261QRD- Appron- irrchberg- RhewIndustriai- sansewer.dac Page 2 of 2 Corpus Christi, Texas Day of , 200$ TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: 1 /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor 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 McCutchon HALEG -DIRI Sharedl GarySlagenda1200812- 2610RD- Approp Kir irchberg- Rhewlndustrial- sansewer.doc AGENDA MEMORANDUM AGENDA ITEM: February 26, 2008 Motion authorizing the City Manager to execute a Development Agreement with Billy W. Sanders and Robbie Sanders, (Developers), to establish development requirements and pro rata reimbursement for construction of an over -sized 16 -inch water arterial transmission main to serve London Club Estates, a proposed residential subdivision located north of FM 43 and east of the FM 43 and FM 763 intersection. ISSUE: Billy W. and Robbie Sanders, developers of London Club Estates, a proposed residential subdivision, will construct a 16 -inch water arterial transmission main to serve the subdivision and adjoining area. The Development Agreement delineates the responsibilities of the Developers and the City as they pertain to the 16 -inch water arterial transmission main. Key provisions of the agreement allow pro rata payments to the Sanders from subsequent developers connecting to the water line and the waiver of water and wastewater lot/acreage fees and pro rata fees. All development within the subdivision will conform to the Platting and Zoning Ordinances except as specifically modified in the agreement. REQUIRED COUNCIL ACTION: Council authorization for the City Manager to enter into a Development Agreement with Billy W. and Robbie Sanders, (Developers). RECOMMENDATION: Staff recommends approval of the motion as presented. Aeic Bob Nix Assistant City Manager of Development Services Attachments: Exhibit A Exhibit B Exhibit C Background Information Location Map/ Schematic Proposed 16" Waterline Development Agreement -243- AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The plat for London Club Estates was approved by the Planning Commission on November 15, 2006.The development and platting of London Club Estates requires a total extension of 4,951 linear feet of 16 -inch PVC water arterial transmission main along the north side of FM 43. The proposed 16 -inch water arterial transmission main begins at the existing 16 -inch water line previously installed by the London Independent School District and extends west, along FM 43 approximately 4,951 linear feet terminating at the London Club Estates west property line (Exhibit B). On September 18, 2007, the motion and ordinance approving the reimbursement agreement and appropriating trust funds for construction of the 16 -inch arterial transmission water main was not passed by the City Council. The Developer has elected to extend the 16 -inch arterial transmission water main at his expense, The City will operate and maintain the 16 -inch arterial transmission water main after it is accepted by the City. The purpose of the Development Agreement (Exhibit C) is to delineate the responsibilities of the City and the Developer as they pertain to the 16 -inch arterial transmission water main. The areas covered are shown below. Construction Plans- The City agrees to allow the Developer, at the Developer's expense, to design and build the 16 -inch PVC water arterial transmission and grid main for London Club Estates in accordance with construction plans and specifications approved by the City. Funding- The City has no obligations to fund any of the various infrastructure costs for the London Club Estates development. The Developer may receive a pro rata reimbursement from persons who subsequently connect to the water line based on the capacity they use. The pro rata reimbursement calculation is show below: $Pro Rata = ($Cost of additional capacity) X (Total demand created by new development) Reimbursement (Total additional capacity originally provided by previous development) Where: (Total cost of system installed by original developer) - (Est. cost of minimum system req'd to service only original development, as approved by City Engineer) $Cost of additional capacity The City will pay the pro rata reimbursement to the Developer within 60 days of collection from persons who connect to the 16 -inch waterline. Permits- The City will cooperate with the Developer on any waivers, permits or approvals the Developer may need or desire from the City, the Texas Department of Transportation, Texas Commission on Environmental Quality, or any other regulatory authority in order to develop the Project. Ownership- The City agrees to accept ownership of and to operate the 16 -inch water main after it is accepted by the City Engineer. The developer must provide a financial guarantee that will serve as a warranty of the workmanship of and function of the 16 -inch water main in the amount of ten percent (10 %) of the total cost of the improvements for a period of one year from the date of acceptance of the facilities by the City Engineer. Exhibit A Page 1 of 2 —244— Park Requirements -The project is outside the city limits of Corpus Christi. The City does not currently have the resources to develop and maintain a park in the development. Therefore, the requirement of dedication of park land is hereby waived and not required. Compliance with Regulations- Developer agrees to comply with all applicable codes, ordinances, rules and regulations that are in effect as of the date of this Agreement. Fire Safety Requirements- Each fire hydrant serving London Club Estates shall provide fire flow that meets fire protection standards for the type of occupancy and construction proposed pursuant to ISO Fire Suppression Rating Schedule as adopted by the Texas Department of Insurance. Wastewater Connection - 1. Developer /Owner agrees to connect the improvements on a subdivision lot to City sewer within 12 months of the City's completion of the installation of wastewater improvements within the subdivision and adjacent to the subdivision Tots and the discontinuance and proper disabling of the on -site wastewater treatment system on each lot. 2. Developer agrees to not further subdivide the lots within the Development. 3. Developer agrees to pay pro -rata sanitary sewer, tap fees, and surcharge fees at the time of connection to City wastewater; however, Developer /Owner's liability as to each lot shall cease upon Developer /Owner's conveyance of the lot to a third party purchaser provided that Developer /Owner conditions each conveyance with the requirement that the subsequent owner of each lot is bound to comply with Developer /Owner's obligations hereunder. Waiver of Fees - 1. Developer shall not pay lot/acreage fees and street light fees. 2. Developer will pay tap fees and surcharge fees. 3. City agrees to waive the following development fees with regard to this project: lot/acreage fees for water and wastewater, pro rata fees for water and wastewater. 4. This waiver shall not extend to or include any development fees heretofore paid by or on behalf of Developer, plat recording fees; water, wastewater or gas tap fees and surcharge fees; building or construction fees; or the half - street deferment for County Road 26. On February 6, 2008, the Planning Commission recommended approval of the Development Agreement at its regularly scheduled meeting. Exhibit A Page 2 of 2 -245- 0 .H. CH imatimmail•rieislumiN•sime 1•11111110111111111111112111•1111I1IIIM 11111111151M11111111111111MINMEM Prepared by: Bass & Welsh Engineering 3054 So. Alameda St. Corpus Christi, Tx. 78404 (361) 882-5521 (phone) (361) 882-1265 (fax) L F.M. 763 CO. RD. 47 CO. RD. 49 CO. RD. 51 -246- Job No 06057 Stole: 1%12000' Dote: 1/17/08 Crowing No: 06057EXA Plotscale: Sheet 1 aLlmai Exhibit B 1 DEVELOPMENT AGREEMENT STATE OF TEXAS COUNTY OF NUECES This Development Agreement (Agreement) is made and entered into by and between the City of Corpus Christi, Texas (City), a Texas home rule municipality, and Billy W. Sanders and Robbie Sanders (Developer), 1337 County Road 18, Corpus Christi, Texas 78415, hereinafter collectively referred to as the "Parties ", upon the premises and for the purposes set out herein, and is effective as stated in this Agreement. INTRODUCTION A. Developer is the holder and developer of certain interests in real property in Nueces County, Texas, which real property (London Club Estates) is further described and depicted on Exhibit A attached hereto and made a part hereof. London Club Estates is located outside the city limits of the City, but within the City's extraterritorial jurisdiction. B. The Developer intends to develop London Club Estates as a residential development project (Project). C. The City believes that development of London Club Estates contributes to the economic development of the City by providing new housing and employment. D. The Parties desire to work together in good faith to provide public and private improvements serving the general area of the Project for the benefit of the citizens of the City and surrounding areas. NOW, THEREFORE, for the mutual assurances set forth herein and good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, the Parties agree as follows: ARTICLE I CITY'S RESPONSIBILITIES Section 1.1. Construction Plans. The City agrees to allow the Developer, at the Developer's expense, to design and build the 16 -inch PVC water arterial transmission and grid main for London Club Estates in accordance with construction plans and specifications approved by the City. The Parties agree that the approved construction plans and specifications may be changed and adjusted by mutual consent and as set forth hereinafter, or as directed by the City Engineer as necessary to adjust the plans to actual site conditions in order to meet city code requirements and engineering construction standards. 1 -247- Exhibit C Section 1.2. A. Funding. The City has no obligations to fund any of the various infrastructure costs for the London Club Estates development. The City shall collect from persons who connect to said water line a pro rata reimbursement based on capacity used; $Pro Rata Reimbursement = ($Cost of additional capacity) X (Total demand created by new development / Total additional capacity originally provided by previous development) Where: $Cost of additional capacity = (Total cost of system installed by original developer) - (Estimated Cost of minimum system required to service only original development [10 -inch linej, as approved by City Engineer) B. The City agrees to pay the pro rata reimbursement collected to Developer within sixty (60) days of receipt of such reimbursement from persons who connect to said water line. Section 1.3. Permits. The City agrees that it will not unreasonably withhold, delay, or oppose any waivers, permits or approvals the Developer may need or desire from the City, the Texas Department of Transportation, Texas Commission on Environmental Quality, or any other regulatory authority in order to develop the Project in accordance herewith. City agrees to waive the following development fees with regard to this project: lot/acreage fees for water and wastewater, pro rata fees for water and wastewater, except the pro rata fees required herein. This waiver shall not extend to or include any development fees heretofore paid by or on behalf of Developer, plat recording fees; water, wastewater or gas tap fees and surcharge fees; building or construction fees; or the half - street deferment for County Road 26. Section 1.4. Ownership. The City agrees to accept ownership of and to operate the 16 -inch PVC water arterial transmission and grid main upon construction of the 16 -inch PVC water arterial transmission and grid main in accordance with the approved plans and specifications therefore, acceptance of the said 16 -inch water arterial transmission and grid main by the City Engineer, and Developer providing developer's financial guarantee in the form of cash, cash equivalents, bonds, letter of credit, or other financial instruments acceptable to the city. Said developer's financial guarantee will serve as a warranty of the workmanship of and function of the 16 -inch PVC water arterial transmission main and the construction thereof in the amount of ten percent (10 %) of the total cost of the improvements for a period of one year from and after the date of acceptance of the facilities by the City Engineer. Said developer's financial guarantee shall be in a form acceptable to the City Attorney, and will be assigned and transferred to the City upon completion of this project. Section 1.5. The parties recognize and agree that the project is outside the city limits of the City and that the City does not have the resources to develop and maintain any 2 —248— park in the development. Therefore, notwithstanding any and all requirements to the contrary, the requirement of dedication of park land is hereby waived and not required. Any park shown on any plat or dedication is hereby declared null and void and the City will not seek to enforce any such park dedication requirement. Any such park shown on any plat is declared private property, part of the development and it may be transferred by the Developer to any third party. ARTICLE II DEVELOPER'S RESPONSIBILITIES Section 2.1. Construction Plans. The Developer agrees, at the Developer's expense, to design and build the 16 -inch PVC water arterial transmission and grid main for London Club Estates in accordance with construction plans and specifications approved by the City. The Developer is obligated to prepare and submit construction plans and specifications for review and approval for the 16 -inch water line and other infrastructure requirements in accordance with the International Plumbing Code, 2003 as amended in Section 14 -281 of the Corpus Christi Code and the City of Corpus Christi Water Distribution System Standards. The Developer agrees to provide to City proof of the cost of the installation. Additionally, Developer agrees to provide the City with cost estimates for the design, construction, and installation of a 10 -inch water line and for the proposed 16 -inch water arterial transmission and grid main to serve London Club Estates, such estimates are subject to review and approval by the City. Upon completion of the construction, Developer agrees to provide the City with the final costs of the 16 -inch PVC water arterial transmission and grid main and the adjusted cost estimate for a 10- inch water line to serve London Club Estates. Section 2.2. Compliance. Notwithstanding any provisions in the City's ordinances, rules and regulations to the contrary, the Developer agrees to comply with all applicable codes, ordinances, rules and regulations that are in effect as of the date of this Agreement, or as amended or supplemented as a result of this Agreement. With regard to the installation of and connection to the water utilities improvements, the Developer agrees to comply with all requirements of the International Plumbing Code, 2003 as amended in Section 14 -281 of the Corpus Christi Code and the City of Corpus Christi Water Distribution System Standards for fire flow. Fire flow shall be calculated based on the ISO classifications as to construction type and occupancy type. Section 2.3. Fire Safety Requirements. Each fire hydrant serving London Club Estates shall provide fire flow that meets fire protection standards for they type of occupancy and construction proposed pursuant to ISO Fire Suppression Rating Schedule as adopted by the Texas Department of Insurance. Section 2.4. Wastewater Connection. Developer /Owner agrees for itself, its successors, transferees, and assigns, as follows: 3 —249— Section 2.4. Wastewater Connection. Developer /Owner agrees for itself, its successors, transferees, and assigns, as follows: 2.4.1. to connect the improvements on a subdivision lot to City sewer within 12 months of the City's completion of the installation of wastewater improvements within the subdivision and adjacent to such of the subdivision lots and the discontinuance and proper disabling of the on -site wastewater treatment system on each lot; 2.4.2. to not further subdivide the lots within the Development; 2.4.3. to pay pro -rata sanitary sewer, tap fees, and surcharge fees at the time of connection to City wastewater; however, Developer /Owner's liability as to each lot shall cease upon Developer /Owner's conveyance of the lot to a third party purchaser provided that Developer /Owner conditions each conveyance with the requirement that the subsequent owner of each lot is bound to comply with Developer /Owner's obligations hereunder. Section 2.5. Save and Except for waterline reimbursement, all terms and conditions of the Platting Ordinance, Water System Standards shall apply, unless directly contradicted by this Agreement. Section 2.6. Fees. Developer shall not pay lot/acreage fees. Developer will pay tap fees and surcharge fees. City agrees to waive the following development fees with regard to this project: lot/acreage fees for water and wastewater, pro rata fees for water and wastewater except the pro rata fees required herein. This waiver shall not extend to or include any development fees heretofore paid by or on behalf of Developer, plat recording fees; water, wastewater or gas tap fees and surcharge fees; street light fees; building or construction fees; or the half-street deferment for County Road 26. ARTICLE III TERM, ASSIGNMENT AND AMENDMENT Section 3.1. Term. The term of this Agreement will commence on the Effective Date (as defined below) and continue until completion of the terms, conditions, covenants, and obligations of this Agreement, unless terminated on an earlier date under other provisions of this Agreement or by written agreement of the City and the Developer. The Effective Date of this Agreement will be the date of full execution by the Parties. This Agreement will be binding upon and inure to the benefit of the Parties and their respective successors and assigns. Section 3.2. Amendment by Agreement. This Agreement may be amended as to all or part of London Club Estates at any time by mutual written consent of the City and Developer, or its successors or permitted assigns. Amendments and changes in the approved construction plans and specifications and to the terms of this 4 —250— Agreement may be administratively approved on behalf of the City when the change does not increase the cost of the purchase and installation of the improvements by more than twenty -five percent (25 %) or by more than Twenty - five Thousand Dollars ($25,000), whichever is less. Section 3.3. Assignment. This Agreement and the rights of the Developer may be assigned to any subsequent owner of all or a portion of London Club Estates, subject to the prior written consent of the City, which consent will not be unreasonably withheld. Any assignment will be in writing, will specifically set forth the assigned rights and obligations and will be executed by the proposed assignee. Section 3.4. Cooperation. The Parties will cooperate with each other as reasonable and necessary to carry out the intent of this Agreement, including but not limited to the execution of such further documents as may be reasonably required. Section 3.5. Covenant running with the land. The Parties agree that this instrument is a binding instrument and when recorded, at Developer's cost and expense, shall be a covenant running with the land. ARTICLE IV MISCELLANEOUS PROVISIONS Section 4.1. Notice. Any notice given under this Agreement must be in writing and may be given: (i) by depositing it in the United States mail, certified, with return receipt requested, addressed to the party to be notified and with all charges prepaid; (ii) by depositing it with Federal Express or another service guaranteeing "next day delivery ", addressed to the party to be notified and with all charges prepaid; (iii) by personally delivering it to the party, or any agent of the party listed in this Agreement; or (iv) by facsimile with confirming copy sent by one of the other described methods of notice set forth. Notice by United States mail will be effective on the earlier of the date of receipt or three (3) days after the date of mailing. Notice given in any other manner will be effective only when received. For purposes of notice, the addresses of the Parties will, until changed as provided below, be as follows: City: With Required Copy to: 5 —251— City of Corpus Christi Attn: City Manager 1201 Leopard Street PO Box 9277 Corpus Christi TX 78469 -9277 City of Corpus Christi Attn: City Attorney 1201 Leopard Street PO Box 9277 Corpus Christi TX 78469 -9277 Developer: With Required Copy to: Billy W. Sanders and Robbie Sanders 1337 County Road 18 Corpus Christi, Texas 78415 Hal George Attorney at Law Suite 407 New York Life Building 5350 South Staples Street Corpus Christi, Texas 78411 The Parties may change their respective addresses to any other address within the United States of America by giving at least five (5) days' written notice to the other party. The Developer may, by giving at least five (5) days' written notice to the City, designate additional parties to receive copies of notices under this Agreement. Section 4.2. Severability: Waiver. If any provision of this Agreement is illegal, invalid, or unenforceable, under present or future laws, it is the intention of the Parties that the remainder of this Agreement not be affected, and, in lieu of each illegal, invalid, or unenforceable provision, that a provision be added to this Agreement which is legal, valid, and enforceable and is as similar in terms to the illegal, invalid, or enforceable provision as is possible. Each of the rights and obligations of the Parties hereto are separate covenants. Any failure by a party to insist upon strict performance by the other party of any provision of this Agreement will not be deemed a waiver of such provision or of any other provision, and such party may at any time thereafter insist upon strict performance of any and all of the provisions of this Agreement. Section 4.3. Applicable Law and Venue. The laws of the State of Texas govern the interpretation, performance, enforcement and validity of this Agreement. Venue will be in a court of appropriate jurisdiction in Nueces County, Texas. Section 4.4. Entire Agreement. This Agreement contains the entire agreement of the Parties and there are no other agreements or promises, oral or written between the Parties regarding the subject matter of this Agreement. This Agreement can be amended only by written agreement signed by the Parties. This Agreement supersedes all other agreements between the Parties concerning the subject matter hereof. Section 4.5. Exhibits. Headings. Construction and Counterparts. All schedules and exhibits referred to in or attached to this Agreement are incorporated into and made a part of this Agreement for all purposes. The section headings contained in this Agreement are for convenience only and do not enlarge or limit the scope or meaning of the sections. The Parties acknowledge that each of them have been actively and equally involved in the negotiation of this Agreement. Accordingly, the rule of construction that any ambiguities are to be resolved against the drafting party will not be employed in interpreting this Agreement or any exhibits hereto. 6 —252— This Agreement may be executed in any number of counterparts, each of which will be deemed to be an original, and all of which will together constitute the same instrument. This Agreement will become effective only when one or more counterparts bear the signatures of all the Parties. Section 4.6. Authority for Execution. The City certifies, represents, and warrants that the execution of this Agreement is duly authorized and adopted in conformity with City ordinances. The Developer hereby certifies, represents, and warrants that the execution of this Agreement is duly authorized and adopted in conformity with the articles of incorporation and bylaws or partnership. agreement. Section 4.7. Relationship of Parties. In performing this Agreement, both the City and Developer 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. Section 4.8. Survival of terms. 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, will survive the original execution date of this agreement. ARTICLE V EXHIBITS The following exhibits are attached to this Agreement, and made a part hereof for all purposes: Exhibit A Depiction of London Club Estates The undersigned Parties have executed this Agreement on the dates indicated below. CITY OF CORPUS CHRISTI a Texas municipal corporation By: Date: Approved as to form: o9-/ Gary ' . Smith Assistant City Attorney For City Attorney Billy W. Sanders and Robbie Sanders 1337 County Road 18 Corpus Christi, Texas 78415 gy: 7 —253— Date: ; _ 3 /_ p Jae; eve a n 0,64.3 Date: 7J' aPPA:f STATE OF TEXAS COUNTY OF NUECES § This instrument was acknowledged before me on the day of , 2008 by George K. Noe, City Manager, City of Corpus Christi, Texas for and on behalf of said municipal corporation. Notary Public, State of Texas STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me o , 2008 by Billy W. Sanders STATE OF TEXAS COUNTY OF NUECES Notary Public, $tare ag'$ This instrument was acknowledged before me on the > 0.K. , 2008 Robbie Sanders. After recording Return to: Billy W. Sanders and Robbie Sanders 1337 County Road 18 Corpus Christi, Texas 78415 Notary Plb1i%, St. / Telasff qty '••gPIR'•• �• —254— / 4 4. 6 1 5 11111.111111MOMMIIMMIME 1111.011111MIIIMMIMMIMPIIMMIII F.M. 763 CO. RD. 47 Palpated by: Bass & Welsh Engineethg 3054 So. Alameda St. Corpus Christi, Tx. 78404 (361) 882-5521 (phone) (361) 882-1265 (fax) L -255- CO. RD. 49 CO. RD. 51 Job No: 06057 Scale: 1.-2000' Date: 1/17/08 Drawing No: 060571DCA Plotscale: Sheet 1 of Exhibit A AGENDA MEMORANDUM PUBLIC HEARING -- ZONING (City Council Action Date: February 26, 2008) Case No. 0108 -03, Veolia Environmental Services: 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 designation from light industrial to heavy industrial (above ground fuel storage tank) on property described as 237.36 square feet out of Roblex Industrial Area, Lot 15, Block 6, located on the east side of Flato Road approximately 1,050 feet north of Bates Road. Planning Commission & Staff's Recommendation (January 23, 2008): Denial of an "I -3" Heavy Industrial District, and in lieu thereof, approval of an "1 -2" Light - Industrial District with a Special Permit for the installation and operation of one (1) 10,000 gallon above ground diesel fuel tank for fuel storage and on site fuel filling subject to a site plan, and final approval of the Fire Marshal and Zoning Board of Adjustment. Summary: • Request: The applicant is requesting a change of zoning from "I -2" Light - Industrial District to "I -3" Heavy - Industrial District providing for the future installation and operation of a 10,000 gallon fuel storage tank site measuring 237.36 square feet in area. The proposed tank will allow for the on site refuel of equipment and company vehicles for Veolia Environmental Services. • Zoning: The purpose of the "I -2" Light - Industrial zoning district is to provide for a wide variety of mixed light industrial uses including light manufacturing, open storage, fabrication, warehousing, and wholesale distributing. The "I -3" Heavy Industrial zoning district provides for industrial operations of all types. Certain potentially hazardous industries, activities and installations including the location of an above ground fuel storage tank are permitted only after public hearing and review and approval by the Zoning Board of Adjustment to ensure 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 minimum side or rear yards setback for both the "I -2" and "I -3" zoning districts. • Existing Land Uses: The subject property is currently a light manufacturing business with approximately 167 feet of frontage along Flato Road. Veolia Environmental Services plans to locate a 237.26 square foot diesel fuel tank pad site within the 5.4 acre site. The site is bordered immediately to the north and south by mixed light industrial uses and open agricultural farm land to the east and west. • Utilities: Water and Wastewater service is available to the property. • Transportation: The property will be served by Flato Road, a rural collector as identified on the adopted Master Urban Transportation Plan and provides the only driveway access point along the east side of Flato Road for the company office building and vehicle, equipment, and materials yard. -259- Agenda Memorandum Case No. 0108 -03 (Veolia Environmental Services) Page 2 • Comprehensive Plan/Future Land Use: The future and map recommends a light industrial use for the subject property, and does not recommend heavy industrial uses for the subject property or any adjacent properties within the surrounding area. The existing Light industrial use is consistent with the Comprehensive Plan. The 10,000 gallon above ground fuel storage tank is considered a heavy industrial use and therefore conflicts with the adopted plan regarding this area. City Charter requires rezoning to be consistent with the Comprehensive Plan (see attached City Charter Section V- Planning.) Approval of the rezoning will amend the Comprehensive Plan. Notification: Of the seven (7) 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 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. Bob Nix, AICP Assistant City Manager of Development Services BN /FGM/bIp Attachments: 1) Zoning Report 2) Planning Commission Minutes (January 23, 2008) 3) Ordinance PIM/Project Manager SrCP /CP Planning Director H:1PLN- DIRISHARED1Bever1y12008 CC10108 -03 AGENDAMEMO.doc -260- ZONING REPORT Case No.: 0108 -03 Planning Commission Hearing Date: January 23, 2008 Applicant & Legal Description Applicant: Veolia Environmental Services Representative: Jesus Hernandez Agent: Jesus Hernandez Legal Description/Location: 237.36 square feet out of Roblex Industrial Area, Lot 15, Block 6, located on the east side of Flato Road approximately 1,050 feet north of Bates Road. Zoning Request From: "I -2" Light Industrial District To: "I -3" Heavy Industrial District Area: 237.36 square feet or 0.005 acre Purpose of Request: To allow for the future installation and operation of a 10,000 gallon above ground diesel fuel storage tank for the on site refueling of company vehicles and equipment. Existing Zoning and Land Uses Zoning Existing Land Use Future Land Use Site "I -2" Light Industrial District Light Industrial Light Industrial North "I -2" Light Industrial District Light Industrial Light Industrial South "I -2" Light Industrial District Light Industrial Light Industrial East "R -1B" One - Family Dwelling District Vacant Light Industrial West "1 -2" Light Industrial District Vacant Light Industrial ai Area Development Plan (ADP): Westside- The future land use map supports light industrial uses on and around the subject property. "I -3" District is considered heavy industrial and a change of zoning to an "I -3" District would be inconsistent with the future land use map. Map No.: 050,042 and 051,042 Zoning Violations: None —261— Zoning Report Case No. 0108 -03 (Veolia Environmental Services) Page 2 Staffs Summary • Request: The applicant is requesting a change of zoning from "I -2" Light - Industrial District to "I -3" Heavy - Industrial District providing for the future installation and operation of a 10,000 gallon fuel storage tank site measuring 237.36 square feet in area. The proposed tank will allow for the on site refuel of equipment and company vehicles for Veolia Environmental Services. • Zoning: The purpose of the "I -2" Light - Industrial zoning district is to provide for a wide variety of mixed light industrial uses including light manufacturing, open storage, fabrication, warehousing, and wholesale distributing. The "I -3" Heavy Industrial zoning district provides for industrial operations of all types. Certain potentially hazardous industries, activities and installations including the location of an above ground fuel storage tank are permitted only after public hearing and review and approval by the Zoning Board of Adjustment to ensure 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 yards setback for both the "I -2" and "I -3" zoning districts. • Existing Land Uses: The subject property is currently a light manufacturing business with approximately 167 feet of frontage along Flato Road. Veolia Environmental Services plans to locate a 237.26 square foot diesel fuel tank pad site within the 5.4 acre site. The site is bordered immediately to the north and south by mixed light industrial uses and open agricultural farm land to the east and west. • Utilities: Water and Wastewater service is available to the property. • Transportation: The property will be served by Flato Road, a rural collector as identified on the adopted Master Urban Transportation Plan and provides the only driveway access point along the east side of Flato Road for the company office building and vehicle, equipment, and materials yard. • Comprehensive Plan/ Future Land Use: The future land map recommends a light industrial use for the subject property, and does not recommend heavy industrial uses for the subject property or any adjacent properties within the surrounding area. The existing light industrial use is consistent with the Comprehensive Plan. The 10,000 gallon above ground fuel storage tank is considered a heavy industrial use and therefore conflicts with the adopted plan regarding this area. City Charter requires rezoning to be consistent with the Comprehensive Plan (see attached City Charter Section V- Planning.) Approval of the rezoning will amend the Comprehensive Plan. Street Type Paved Section Volume (2007) Flato Road Rural Collector 64' R.O.W. pavement w/ 24' Not available Zoning Report Case No. 0108 -03 (Veolia Environmental Services) Page 3 The subject area for the zone change is located on a platted lot. Department Comments • Above ground fuel tanks 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. • Although the tank as a heavy industrial use is not consistent with the comprehensive plan, the tank is located within a small portion of the site and is accessory to the primary use of light industrial. Therefore, a Special Permit, in lieu thereof the "I -3" Heavy Industrial District, for the fuel tank pad site per the site plan and metes and bounds description presented to the Planning Commission, City Council, and Board of Adjustment, would accommodate the accessory use of a storage tank for diesel fuel as requested by the applicant without unnecessarily creating opportunities for other incompatible heavy industrial uses to develop or locate within the "1-3" district. • The City Fire Marshal has conditionally approved the proposed location and specification of the UL2085 above ground fuel storage tank occurred to identify an acceptable location for the proposed tank (see attachment). Denial of an "I -3" Heavy Industrial District, and in lieu thereof, approval of an "I -2" Light - Industrial District with a Special Permit for the installation and operation of one (1) 10,000 gallon above ground diesel fuel tank for the fuel storage and on site fuel filling subject to a site plan, and final approval of the Fire Marshal and Zoning Board of Adjustment. Pending. Number of Notices -- 7 Favor - 0 Opposition - 0 (0.0 %) - (As of January 21, 2008) Attachments: 1. Neighborhood — 2006 Aerial 2. Neighborhood — Existing Land Use 3. Neighborhood — Future Land Use 4. Site — 2006 Aerial 5. Site — Existing Zoning, Notice area, Ownership —263— Zoning Report Case No. 0108 -03 (Veolia Environmental Services) Page 4 6. Comments received from Public Notices mailed 7. Ownership List 8. Site Plan 9. City Fire Marshal conditional approval 10. City Charter — Article V- Planning H:IPLN- DIRISHARED\Beverly12008 PCIZONRPTSUanuary10108 -03 Veolia Environ.doc -264- '"• ,• . oo- ' Feetk CASE # 0108-03 1. NEIGHBORHOOD - 2006 AERIAL Refer to Map 2 for IVeighborhood Existing Land Use. Also available at yam cctexas. com z D w MEE VAC SUBJECT PROPERTY icatiorosmozerat 4f VAC VAC VAC VAC VAC VAC VAC VAC L. o„:AAt11,04M VAC C VAC i1 1 1 1 VAC VAC 0 200 400 Feet S144 I 4. Set. CASE # 0108 -03 2. NEIGHBORHOOD - EXISTING LAND USE LDR Ell no Estate Residential. • ER Low Density Residential. - LDR Med Density Residential. • MDR High Density Residential. - HDR Mobile Home • MH Vacant • VAC Professional Office • PO Commercial - COM Light industrial - L1 Heavy industrial • Hi Public Semi -Public • PSP -267^ PoCtila- 111891 MROMM MEMINISMOM MODEM IMIMMEMME6 MDMIRM MmMM SIMMOM samemM MIMMO MMMM MMMM MUM Ifea Ereff r itaro IPE EV- » 611% mama _� fC3fr- fiat. �Y4;: CASE # 0108 -03 3. NEIGHBORHOOD - FUTURE LAND USE P32 Pb Agricuitural/Rural - AR - Tourist - TOR Estate Residential - ER Research/Business Park - RBP Low Density Res. - LDR Med Density Res. - MDR High Density Res. - HDR Mobile Home - MN Vacant - VAC Professional Office • PO Commercial • COM Transportation Plan Existing Proposed Arterials Collectors mmm9, Expressways =, a: a Parkway h Railroad Light Industrial - LI Heavy Industrial - Hi Public Semi - Public • PSP IZE Park Drainage Corridor - DC giE Dredge Placement • DP 0 Water Conservation /Preservation • CP -269- 1 -2/SP/ 5 -77 11. "i ce JJ Mt CASE # 0108 -03 4. SITE- 2006 AERIAL Subject Property Refer to Map 2 for Neighborhood Existing Land Use. Also available at www.cctexas.com -271- +5) 10 12 13 Q A -2f Bates St 200 CF1 j SUBJECT PROPERTY STRIAL AREA I -2 17 18 19A 19B 20 21 I -2/SP/ 05 -11 R -7B y4 -1 /PUD TR 8 Feet CASE # 0108 -03 5. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP A -I Apartment Mouse District A.14 Apar:meal Mouse Dislnct 43 Apar:men! House Dislrxt AS Professional Office D1..! ! AT Apertmant- Tourist Dis:rid B -I Neighborhood Business District 8-14 lhlghborhoad Bowes; District 8.2 8aytront Business Dtatrrc! 8-24 Barrier island Business District 8 -3 Business Olstnct B-! Ger.eral Business Curia 8 -3 Primary Business Drsticl 3-3 Primary Business Core 011h:Ct BD Corpus Chose Beach Desgr. Dar 3-R Farm Rural District HC Historical - Cultural Landmark Preservation .wosecr properly vrdl: 200' auger R-1 B I -1 limned Indusrial Orsaict 1 -2 Light Indust-1V Disnct 1 -3 Navy industrial 0I34!ct PUO Pierced Unit Oe;elopnienl R -IA One Family Ov.elling Dislnc! R -15 One 8ansy Oi clung Drsorc' P. IC One Family Dlrelbnp Oishlcr R -2 Mulapm 0vrelkno Diarist RA One Family Dwelling 01sUrct RE Residential Estate Dis2rct 4 -'Y Tratnl:ouse Drredirg Distrcc! SP Special Parma T -: •1 T13.el Tralkr park Dismct T -' 8 Man .f.ONred Nonce Park Orsa13! • C Manufactured Horne Subdivision Di3trn;! 4 °'•.oers r. Rho 200' 241ed ori asached tit.1- ersh'p ;able '?r, nets d. `poor J:,ners Pt m opposition —273— 1 Prepared By MB9 Printing Date- 1:92006 n 1 o1 Development Ser lees COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No: 0108 -03 Name: Veolia Environmental Services Circled = FAVOR X = OPPOSED (Note: The number(s) next to name corresponds to the attached map.) Total number mailed: 7 Returned undeliverable: 0 L Notices returned from within the 200 -foot notification area: Favor: 0 Opposition: 0 IL 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: 0 H:1PLN- DIRISHAREDIBeverly12008 PC12008 Public Comments10108- 03.doc -275- §61a N -40; > 8110 IA 22; cop. E .0. Ell{ # mm_m li / 1 f \ }m ton m §i . ;;2 7 }ƒ k %%§ 2i 0 ii ` 1.- kffg t�E§ & /@' kK!§ Pe -2.° eo! ■IU . ■m i Es "o gg % §§■m ■§ 72 0§§ ® ƒ1 §B EagP AAA o rri mm 00 pa §0- n ! ;q ƒ� / §§ X1M� mou q- / f ig oz 7400 Q 2 ■ M C. 0 §k§� §6a; g§§P //) § §¢ rrr en XXP .S eLQ I HMOS ... .... .. N. \ \ \ \\ .4., tvc P or �Q fiS * et M 1 X in DJ kl.t. ,,, u \\ \ \ \` \\ \,_ \ \ \ \\ \ 10 J O;p O OD . r g \ \ \\ \ \ \ \\ \ \\ I i 1I WEST 1298.38' LOT 16 GRAP�HIIC�SCALE 100 a s te0 200 III 0 \\ \\ ` \ \�\--- \ \ \ \ \\ ` \ \ .SCL9 HthON N. �\ ®voi oleld -277- Shannon Murphy - Veolia Environmental From: Andy Cardiel To: Voss, Stephanie Date: 1/9/2008 10:20:59 AM Subject: Veolia Environmental Atv+C 9 Page 1 VVVArS (nA.A..(:.© 'ova ,WvOlftkk 01 O$ -03 Stephanie, I have reviewed the site plan submitted by Veolia Environmental for the installation of an above ground fuel tank. I approve the installation as long as the tank is a listed UL2085 and the installation meets the requirements of NFPA 30 and Chapter 22 of the International Fire Code. The installers of the tank are required to submit a site plan showing the location of the tank on the property as it relates to distance from property lines, public ways and buildings. The distances need to be shown on the site plan. Also, the manufacturer's specifications for installation will need to submitted with vehicle impact protection if needed. If I can be of further assistance, please contact me.Thanks. ac -278- Attachment 10 City Charter — Article V ARTICLE V. PLANNING Sec. 1. Purpose and Intent. The city council shall establish comprehensive planning as a continuous governmental function in order to guide, regulate, and manage future development and redevelopment within the corporate limits and extraterritorial jurisdiction of the city to assure the most appropriate and beneficial use of land, water and other natural resources, consistent with the public interest. Sec. 2. Organization of Planning Commission. A planning commission is hereby established which shall consist of nine registered voters of the city. The members of the commission shall be appointed by the city council for staggered terms of three years. The commission shall elect a chairperson from among its membership each year at the first regular meeting in August and shall meet not less than once each month. Any vacancy in an unexpired term shall be filled by the city council for the remainder of the term. Sec. 3. Power and Duties of Planning Commission. (a) The planning commission shall: (1) Reviews and make recommendations to the city council regarding the adoption and implementation of a comprehensive plan, any element or portion thereof, and any amendments thereto; (2) Review and make recommendations to the city council on all proposals to adopt or amend land development regulations for the purpose of establishing consistency with the comprehensive plan; (3) Monitor and oversee the effectiveness of the comprehensive plan, review and make recommendations to the council on any amendments to the plan, and forward to the council comprehensive updates to the plan at least once every five years; (4) Review and make recommendations to the city council regarding zoning or zoning changes in a manner to insure the consistency of any such zoning or changes in zoning with the adopted comprehensive plan; (5) Exercise control over platting and subdividing land within the corporate limits and the extraterritorial jurisdiction of the city in a manner to insure the consistency of any such plans with the adopted comprehensive plan; and (6) Review and make recommendations to the city council on the city's annual budget and any capital improvement bond program. (b) The departments of the city government shall cooperate with the planning commission in furnishing it such information as is necessary in relation to its work. (c) The commission shall be responsible to and act as an advisory body to the council and such additional duties and exercise such, additional powers as may be prescribed by ordinance of the council. Sec. 4. The Comprehensive Plan. The city council shall adopt by ordinance a comprehensive plan, which shall constitute the master and general plan of the city. The comprehensive plan shall contain the city's policies for growth, development and aesthetics for the land within the corporate limits and the extraterritorial jurisdiction of the city, or for portions thereof, including neighborhood, community and, area -wide plans. The -279- comprehensive plan shall include the following elements: (1) A future land -use element; (2) An annexation element; (3) A transportation element; (4) An economic development, element; (5) A public services and facilities element, which shall include a capital improvement program; (6) A conservation and environmental resources element; and (7) Any other element the city council may deem necessary or desirable in order to further the above objectives. Each element of the comprehensive plan shall include policies for its implementation and shall be implemented, in part, by the adoption and enforcement of appropriate land development regulations and other ordinances, policies and programs. After at least one public hearing, the planning commission shall forward the proposed comprehensive plan, or element or portion thereof, to the city manager, who shall submit such plan, or element or portion thereof, to the city council with his or her recommendations. The city council may adopt, or adopt with changes or amendments, the proposed comprehensive plan, or element or portion thereof, after at least one public hearing. The city council shall act on the plan, or element or portion thereof, within sixty days following its submission by the city manager. If the plan should be rejected by the council, it shall, with policy directions to the commission, return the plan to the planning commission which may reconsider the plan and forward it to the city manager for submission to the council in the same manner as originally provided. All amendments to the comprehensive plan recommended by the planning commission shall be forwarded to the city manager and shall be subject to review and adoption in the same manner as for the original adoption of the comprehensive plan as set forth in this section. Sec. 5. Legal Effect of Comprehensive Plan. All city improvements, ordinances and regulations, shall be consistent with the comprehensive plan. In the case of a proposed deviation to the adopted plan, or any element or portion thereof, the planning commission shall communicate its recommendations to the council which may approve or disapprove such deviation. Sec. 6. Platting Property. The city shall not pay for the property used for streets and alleys within any subdivision, but the same shall, when platted, be dedicated to such use and shall become the property of the city and shall be maintained as such. The city shall not grant any permit to construct or enlarge any house or structure within the city until a plat shall be approved and filed. -280- MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday January 23, 2008 5:30 P.M. COMMISSIONERS: R. Bryan Stone, Chairman Rudy Garza, Vice Chairman Atilano J. Huerta James Skrobarczyk John C. Tamez Johnny R. Martinez Evon J. Kelly David Loeb ABSCENCES: Govind Nadkarni STAFF: Bob Nix, AICP Assistant City Manager of 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 PIanner Mic Raasch, AICP, City Planner Shannon Murphy, AICP, City Planner Wes Vardeman, City Planner Dan McGinn, Project Manager Gary Smith, Assistant City Attorney Yvette Aguilar, Attorney I Beverly Lang- Priestley, Recording Secretary Si usted quiere dirigirse a la comision y su ingles es limitedo, habra un interprete de espanol a ingles en la junta pars ayudarle 1. CALL TO ORDER A quorum was declared and the meeting was called to order at 5:35 p.m. IV. ZONING 2. New Zoning a. Case No. 0108 -03 Veolia Environmental Services - 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 light industrial to heavy industrial 237.36 square feet out of Roblex Industrial Area, Lot 15, Block 6, located on the east side of Flato Road approximately 1,050 feet north of Bates Road. Mr. Wes Vardeman, City Planner, presented the above case, stating the applicant is Veolia Environmental Services and the subject property is located on the east side of Flato Road approximately 1,050 feet north of Bates Road. The zoning request is from an "I -2" Light Industrial District to an "I -3" Heavy Industrial District. Via Power Point, Mr. Vardeman displayed various slides of the subject property. Mr. Vardeman stated the "I -2" District is intended primarily for light manufacturing, open storage, warehousing and wholesale distributing. Mr. Vardeman stated that there is a twenty (20) foot front yard setback and no side yard or rear yard setbacks when fire rated materials are utilized in the construction. The "I -3" District provides for industrial operations of all types. Objectionable uses are permitted only after public hearing and review by the Zoning Board -281- Planning Commission Minutes January 23, 2008 Page 2 of Adjustment to ensure the protection of the public interest and surrounding property owners. Mr. Vardeman stated that of the seven (7) notices mailed, none were returned in favor or in opposition. Staff recommends denial of the "I -3" Heavy Industrial District, and in lieu thereof, approval of an "I -2" Light - Industrial District with a Special Permit for the installation and operation of one (1) 10,000 gallon above ground diesel fuel tank for the fuel storage and onsite fuel filling, subject to a site plan and final approval of the Fire Marshal and Zoning Board of Adjustment. In response to Commissioner Loeb, Ms. Murphy stated that the UDC Base Zoning Focus Group made a revision to allow for fuel tanks in the light industrial districts subject to approval by the Fire Marshal and the Zoning Board of Adjustment. Ms. Murphy stated this revision will result in the fuel tank requests no longer being zoning change requests. In response to Commissioner Loeb, Ms. Faryce Goode - Macon, Interim Assistant Director of Development Services, stated that the conversion of the different districts that exist with the conversion to the new districts will be discussed in the UDC Administrative Focus Group. In response to Commissioner Skrobarcyzk, Mr. Vardeman stated that the future land use map shows the area as light industrial. Public hearing was opened. Nobody came forward in support or in opposition. Public hearing was closed. Motion for approval of staff recommendation was made by Commissioner Martinez and seconded by Commissioner Tamez. Motion passed unanimously with Commissioner Nadkarni being absent. Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY VEOLIA ENVIRONMENTAL SERVICES, BY CHANGING THE ZONING MAP IN REFERENCE TO 237.36 SQUARE FEET OUT OF ROBLEX INDUSTRIAL AREA LOT 15, BLOCK 6, FROM "I -2" LIGHT INDUSTRIAL DISTRICT TO "I-2/SP" LIGHT INDUSTRIAL DISTRICT WITH A SPECIAL PERMIT TO ALLOW FOR THE INSTALLATION AND OPERATION OF ONE (1) 10,000 GALLON ABOVE GROUND DIESEL FUEL TANK, SUBJECT TO A SITE PLAN AND FINAL APPROVAL OF THE FIRE MARSHAL AND THE ZONING BOARD OF ADJUSTMENT; 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 Commission has forwarded to the City Council its reports and recommendations concerning the application of Veolia Environmental Services, 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, January 23, 2007, during a meeting of the Planning Commission, and on Tuesday, February 26, 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 amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on 237.36 square feet out of Roblex Industrial Area, Lot 15, Block 6, located on the east side of Flato Road approximately 1,050 feet north of Bates Road, from "1 -2" Light Industrial District to "I -2 /SP" Light Industrial District with a Special Permit to allow the installation and operation of one (1) 10,000 gallon above ground diesel fuel tank for fuel storage and on -site fuel filling, subject to the attached site plan and subject to final approval by the Corpus Christi Fire Marshal and the Zoning Board of Adjustment. (Zoning Maps 050,042 and 051,042) (Exhibit) 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, —283- H:\ LEG- DIRISharedlGarySlagenda1 2 0 0 812- 2 610RD- zoning0108 -03- VeoliaEnviron- special permit.doc Page 2 of 3 except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. 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 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 26th day of February, 2007. ATTEST: Armando Chapa City Secretary APPROVED: February 18, 2008 G.ry ,f . Smith Assistant City Attorney For City Attorney CITY OF CORPUS CHRISTI Henry Garrett Mayor, City of Corpus Christi —284 - HA LEG- DIR1SharedlGarySlagenda1200812- 261ORD- zoning0108- 03- VeoliaEnviron- special permiidoc Page 3 of 3 Corpus Christi, Texas day of , 2008 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfu Ily, 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 McCutchon —285- H:1 LEG- ©IRIShared\ GaryS lagenda1200812- 261ORD- zoning0108- 03- VeoliaEnviron- special permit.doc MURRAY BASS, JR., P.E.,R.P.L.S. NIXON M. WELSH, 3054 5. ALAMEDA, zip 78404 Pit. 361 882 -5521 — FAx 361 882 -1265 BASS & WELSH ENGINEERING P.O. Box 6397 Corpus Christi, TX 78466 -6397 Field Note Description Above Ground Fuel Storage Tank November 20, 2007 Being a tract situated in Corpus Christi, Nueces County, Texas located on Lot 15, Block 6, Roblex Industrial Are as shown on the map thereof recorded in Volume 45 at Page 53 of the Map Records of Nueces County, Texas and being more particularly described by metes and bounds as follows: COMMENCING at the southwest corner of said Lot 15 in the east right -of -way line of Plato Road, THENCE EAST along the south line of Lot 15 a distance 405.95 feet to a point; THENCE NORTH a distance of 25.00 feet to a point for the POINT OF BEGINNING and southwest of this tract; THENCE continuing NORTH a distance of 8.6 feet to a point for the northwest corner of this tract; THENCE EAST a distance of 27.6 feet to a point for the northeast corner of this tract; THENCE SOUTH a distance of 8.6 feet to a point for the southeast corner of this tract; THENCE WEST a distance of 27.6 feet to the POINT OF BEGINNING rming a tract embracing 237.36 square feet (0.005 acres). 07101 -Field Note desc.doc Mu -y Bass, Jr., R.P.L.S. Page 1of1 -286- OAS( O(a * -0.3 VEOLIA ENVIRONMENTAL SERVICES -OWNER ,SCLO I MOS \ \ \ ''• 111.- , ■ it"V i. , . 1..4 iscrA ri V... .00 CO7 "t loi..,, .I■ I:1'11P t' 0 g &,Iii i,q11 \ \ • ,\\ N ...,..... \ ... \ ■ N,.. '1, \ \ \ \ \ ..• \ %\ \, \\ . N., \ \ tr) q § 31:1 IIi ; - 1 i______ 1 LOT 16 GRAPHIC SCALE 1 (DI racr) 1 am so 1 101 200 +w I ■ LS.. 0 b.I 0 .00VC . . \ \ \ \ s, \ \ \". \ _,.._'• \ \ \ \ \ \ \ ,\ \ \`, \ \ , \\ \ .... \ \\ \ ,\ \ . \\ \ \ ■ s\\\ -.—.. \— \ \ . ALM MON N \ —1, CIVOld 0.11.Vid 0 0 i VEOLIA ENVIRONMENTAL SERVICES -OWNER AGENDA MEMORANDUM PUBLIC HEARING — TEXT AMENDMENT (City Council Action Date: February 26, 2008) a) Public hearing and First Reading Ordinance to consider amending Article 24 "Height, Area and Bulk Requirements" of the "Corpus Christi Zoning Ordinance" by repealing note 1 from Section 24 -1 and by adopting new Section 24 -2 "Zero Lot Line Residential Development" to provide for regulations for zero lot Iine residential developments; providing a repeater clause; providing a penalty clause; providing for publication; and providing for an effective date. Planning Commission and Staff's Recommendation (January 23, 2008): Approve the text amendment to Article 24 "Height, Area and Bulk Requirements" of the "Corpus Christi Zoning Ordinance" by repealing note 1 from Section 24 -1 and by adopting new Section 24 -2 "Zero Lot Line Residential DeveIopment." Requested City Council Action: Approve the text amendment to Article 24 "Height, Area and Bulk Requirements" of the "Corpus Christi Zoning Ordinance" by repealing note 1 from Section 24 -1 and by adopting new Section 24 -2 "Zero Lot Line Residential Development." Summary: Currently, Zoning Ordinance Section 24 -1, Note 1 permits zero lot line development in all zoning districts that permit residential development. Note 1 states: "One side yard may be 0' provided the other side is 10', for new subdivisions of 5 or more lots contiguously developed at the same time by one developer." The proposed Section 24 -2 of the Zoning Ordinance will include additional guidelines to enhance zero lot development. The proposed text will do the following: • Specify the zoning districts in which zero lot line residential development is permitted. Currently Note 1 is identified in the "Height, Area and Bulk Requirements" table in Section 24 -1 under the "Minimum Side and Rear Yards in Feet" table. Therefore it is implied that zero lot line development can be used in all zoning district that permit residential development. The proposed Section 24 -2 will list each of the districts so it is clear in which ones zero lot line development will be permitted. • Provide permitted land uses and accessory uses and structures. In addition to the single - family residential structure, the ordinance also lists those structures that will be permitted, such as fencing, walls, trellises, and other similar structures that can be used as connecting elements between one- family dwellings on adjacent Iots. Garages, carports and utility storage structures shall be permitted accessory uses. • Development parameters. The ordinance proposes two types development parameters for zero lot line development, based on a suburban style community versus an urban style community. The urban style type allows for development on a smaller Iot size and width, reduced 10 foot front yard setback for 50% of the lot, and specific setbacks for accessory structures. -291- Text Amendment: Sec. 24 -2 "Zero Lot Line Development" Page 2 • Specify maintenance easements. A perpetual five -foot wall - maintenance easement is proposed that will be located on the lot adjacent to the zero lot line property line, which, with the exception of walls and /or fences, shall be kept clear of structures. Roof overhangs may penetrate the easement on the adjacent lot a maximum of twenty -four (24) inches but the roof shall be so designed that water runoff from the dwelling placed on the lot line is limited to the easement area. Building footings may penetrate the easement on the adjacent lot a maximum of eight (8) inches. • Maximum lot coverage permitted. The total lot coverage permitted for all buildings on the site shall not exceed fifty (50) percent of the lot area. • Specify platting requirements. Each dwelling shall be located on its own individual platted lot. The plat will be required to indicate the zero Iot lines and easements. • Building heights. The maximum building height shall not exceed two (2) stories and thirty-five (35) feet in height. • Integration of interior /exterior areas through the use of penetrable openings. There will be a minimum amount of penetrable openings required based on a ratio multiplied by the interior square footage. • Openings prohibited on the zero lot line side, except as provided herein, and permitted by the applicable building code and fire code requirements. A list of items that will not be permitted on the zero lot line side is included in the ordinance. The list includes windows, doors, and air conditioning units. • Different development criteria for urban versus suburban style communities. Urban style communities will have additional requirements for zero lot line development, such as minimum landscaping, sidewalks on both sides of all streets, and minimum number of elevations. • Site plan review criteria. Includes items such as required exhibits, floor plans, and elevations of all typical units and any other structures. • Establish site plan review requirements and submission standards. Includes items such as planning studies, block length, landscaping, buffers, energy conservation, graphics, visual access, private open space, trash containers, visual screening for decorative walls, and metal picket fences. • Allow for the continuation of existing, lawfully established, zero lot line development as nonconforming uses and /or structures. Sincerely, &/- Bob Nix, AICP Assistant City Manager of Development Services BN/FGM/sm Attachments: 1) Planning Commission Minutes (1/23/2008) 2) Ordinance H: 1PLN- DIRISHAREDIGAILIWORDITextAmendment12008 text amendments\Zero Lot LinelZero Lot Line Agenda Memo.doc -292- MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hail Wednesday January 23, 2008 5:30 P.M. COMMISSIONERS: R. Bryan Stone, Chairman Rudy Garza, Vice Chairman Atilano J. Huerta James Skrobarczyk John C. Tamez Johnny R. Martinez Evon J. Kelly David Loeb ABSCENCES: Govind Nadkarni STAFF: Bob Nix, AICP Assistant City Manager of Development Services Johnny Perales, PE, Deputy Director of Development Services/ Special Services Faryce Goode - Macon, Interim Assistant Director of Development Services/Planning Miguel S. Saldana, AICP, Senior City Planner Mic Raasch, AICP, City Planner Shannon Murphy, AICP, City Planner Wes Vardeman, City Planner Dan McGinn, Project Manager Gary Smith, Assistant City Attorney Yvette Aguilar, Attorney I Beverly Lang - Priestley, Recording Secretary Si usted quiere dirigirse a la comision y su ingles es limitado, habra un interprete de espanol a ingles en la junta para ayudarle I. CALL TO ORDER A quorum was declared and the meeting was called to order at 5:35 p.m. VI. PUBLIC HEARING - Amending Article 24 of the City of Corpus Christi Zoning Ordinance regarding Section 24 -1 "Height, Area, and Bulk Requirements" and adopting a new Section 24 -2 "Zero Lot Line Residential Development." Mr. Bob Nix, Assistant City Manager of Development Services, stated the purpose of this ordinance is to correct some issues within zero lot line development. There are problems between coordination of the building code and the zero lot line code that staff is trying to resolve. Mr. Nix stated that in the building code a one line sentence allows the construction of zero lot lines in single- family developments. A special circumstance to zero lot line developments is that one side of the house is actually adjacent to the interior lot line dividing that lot from the lot next door. This can create issues where roof overhangs may be over the adjacent lot, storm water runoff from the roof into the adjacent lot and if the owner of that home needs to fix his roof or paint his house, he has to get permission of the adjacent property owner to do that. Mr. Nix stated this amendment is intended to add some of those provisions into the code. Public hearing was opened. Mr. Fred Braselton, 5337 Yorktown, came forward stating that portions of the amendment sound like a PUD to him and he is concerned that we don't have big builders that come in and do 50, 80 or 200 units at a time. Mr. Braselton stated he does not feel that this is the place for some of the items to be included. Public hearing was closed. -293- Planning Commission Minutes January 23, 2008 Page 2 Motion for approval was made by Commissioner Loeb and seconded by Commissioner Kelly. In response to Commissioner Huerta, Mr. Nix stated the amendment to the street yard requirement from 10 feet to 15 feet applies to the urban scale. Mr. Nix stated the 15 feet provides the ability to ensure clear vision down the street and that it is compatible with other styles of development in the area. Commissioner Skrobarczyk questioned what was actually being voted on and Commissioner Tamez stated he is confused on some of the issues, also, and does not feel confident in voting on it today. Commissioner Tamez stated he'd like to see the item tabled to the February 20, 2008, Planning Commission meeting. Commissioner Loeb amended his motion to include a 15 foot setback as opposed to the current 10 foot setback. Vice- Chairman Garza stated it is his impression that the city is attempting to clarify the way the city does business in terms of zero lot Iines and stated he supports the motion as long as it is clear that the 10 foot setback remains for areas of redevelopment. Motion on the floor passed with Commissioners Tamez and Skrobarczyk voting in opposition and Commissioner Nadkarni being absent. H:IPLN- DIRISHAREDIWORDIPLANNING COMMISSIONIMINUTES120081MINUTES -ZERO LOT LINE 1- 23- 08.DOC -294- Page 1 of 15 AN ORDINANCE AMENDING ARTICLE 24 "HEIGHT, AREA AND BULK REQUIREMENTS" OF THE "CORPUS CHRISTI ZONING ORDINANCE" BY REPEALING NOTE 1 FROM SECTION 24 -1 AND BY ADOPTING NEW SECTION 24 -2 "ZERO LOT LINE RESIDENTIAL DEVELOPMENT" TO PROVIDE REGULATIONS FOR ZERO LOT LINE RESIDENTIAL DEVELOPMENTS; PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, new land development includes the use of zero lot line residential development to provide for a more efficient use of land; and WHEREAS, with proper notice to the public, public hearings were held on Wednesday, January 23, 2008, during a meeting of the Planning Commission, and on Tuesday, February 2008, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That Article 24 "Height, Area and Bulk Requirements," of "Corpus Christi Zoning Ordinance," is amended by deleting the stricken words: "Section 24 -1 Height, area and bulk requirements for various districts shall be as indicated in the chart below together with other height, area and bulk requirements contained in Article 27, appropriate zoning districts and other such articles contained in this ordinance. Note 21: In the "R -IA" District all lots in platted subdivisions may comply with the lot area and yard requirements of the "R -1B" District as minimum requirements. Note 22: Lot area may be reduced to 3,300 square feet provided requirements outlined in Article 6B -6.03 are complied with. C:IDOC U M E-1 Uean n ielLO CAL S — I \Temp \ORD -Zero to tl in e O 8 0211.11. d oc Page 2of15 Note 43: Lot 11 (4,942.77 square feet) and Lot 27 (4988.27 square feet), Block 1, La Concha Estates, platted before annexation proceedings began, are grandfathered for 1 family dwelling pursuant to §§ 43.002 and 245.002 TX. Loc. Gov. Code. Abbreviations: Dwls - dwellings; 3+ - 3 or more; fam. - family or families; a dash (- -) indicates no applicable regulations." SECTION 2. That Article 24 "Height, Area and Bulk Requirements," of "Corpus Christi Zoning Ordinance," is amended by adding a new Section 24 -2 entitled "Zero lot line residential development" to read as follows: "Section 24 -2 Zero Lot Line Residential Development. 24 -2.01 Legislative purposes. The principal purposes of the zero lot Line concept are: (a) The more efficient use of land, as compared with the typical single - family development, making available needed housing at a more affordable cost. (b) The design of dwellings that integrate and relate internal- external living areas resulting in more pleasant and enjoyable living facilities. (c) By placing the dwelling against one (1) of the property lines, permitting the outdoor space to be grouped and utilized to its maximum benefit. 24 -2.02 Districts in which permitted. A zero lot line development, with a maximum gross density that does not exceed the limitations of Section 24 -1 for the zoning district in which the zero lot line development occurs, may be permitted in the RE, RA, R -1A, R -1B, R -1C, R -2, A -1, A -1A, A -2, AT, AB, B -1, B -1A, B -2A, and B -2 Zoning Districts following approval of a subdivision plat and development site plan by the Planning Commission after a public hearing. The PIanning Commission public hearing shall be scheduled following approval of the site plan(s) and subdivision application(s) by the Department of Development Services. The review shall involve other city departments for compliance with all relevant city codes and standards and this article. No building permit for such development shall be issued until the subdivision plat is recorded. Where the regulations included herein conflict with regulations included in the individual districts or other sections of this zoning ordinance, the regulations for zero lot line development in this section shall apply. If this section is silent regarding a requirement found elsewhere in this ordinance applicable to a proposed development, the more restrictive requirement shall apply. 24 -2.03 Land Uses and Structures Permitted. Detached one - family dwellings on individually platted lots, including those customary accessory uses not inconsistent therewith, shall be permitted. Fencing, walls, trellises, and other similar structures can be used as connecting elements between one - family dwellings on adjacent lots subject to site plan review and C:IDOCUME —f \Jeannie\ LOCALS- 11Temp10RD- Zerolotline08o2?1 '1.oc Page 3 of 15 building code /fire code compliance. Garages, carports and utility storage structures shall be permitted accessory uses. However, said structures shall not be used as connecting dements, and their spacing from principal structures shall not be inconsistent with any applicable building or fire code requirements for the type of construction and occupancy proposed in each case. 24 -2.04 Development parameters. All applications for a zero lot line development shall comply with the following applicable development parameters: 24- 2.04.01 Development Type A, Suburban Style Community: (1) Minimum lot sizes and widths. Minimum lot sizes and widths shall be the same as prescribed for single family homes in the zoning district in which the zero lot line development is proposed. (2) Dwelling Unit Setback. a Interior side yard. The dwelling unit or a portion thereof shall be placed on one (1) interior side property line with a zero (0) setback and the dwelling unit setback on the other interior side property line shall be a minimum of ten (10) feet excluding the connecting elements such as fences, walls and trellises. It is provided, however, that units are not required to be placed on the zero lot line property line when said units fall at the end of a sequential row of units and where said units cannot be placed on a separate zero lot line without attaching the unit to an adjacent unit. In that event a minimum spacing of ten (10) feet shall be provided from the residence on the adjacent zero lot line lot. Patios, pools, garden features and other similar elements shall be permitted within the ten -foot setback area; provided, however, no structure, with the exception of fences or walls shall be placed within easements required by Subsection (K). b. Front Yard Setback. All structures shall be setback from the front property line the minimum distance required for the front yard by the zoning district regulations applicable to the zoning district in which the proposed development is located. c. Rear Yard Setback. All structures shall be setback from the rear property line the minimum distance required for the rear yard by the zoning district regulations applicable to the zoning district in which the proposed development is located. Accessory pools, sheds, and other permitted accessory buildings shall only be permitted to encroach within the required rear yard up to five feet from any property line, but not in any easement. d. Side Street Setback. The minimum side street setback shall be the same as the zoning district in which the zero lot line development is proposed or fifteen (15) feet from the side street property line, whichever is greater. -297 - C:IDOCUME -1 UeannielLOCALS- 11TemplORD- Zerolotline080211.1.doc (3) Page 4 of 15 e. Accessory Buildings and Structures. Accessory buildings and structures shall be permitted in accordance with the zoning district regulations in which the zero lot line development is located, except that any more restrictive requirements herein shall apply. No accessory building shall be placed closer than five feet from the nearest point of a building on an adjacent lot, and no closer than four (4) feet from the nearest point of the roof overhang from the building on an adjacent lot. No accessory fire pit, bar -b -que pit or structure intended for such purposes may be located closer than six feet from any part of any building. Accessory structures other than buildings, fire pits and bar -b -que pits may be closer than five feet from a building on an adjacent lot, but not within any platted easement, except as otherwise provided herein. Applicability of Zoning District Regulations, Comprehensive Plan, and Land Development Code. All zero lot line developments shall be required to comply with this section and all other requirements of the zoning district regulations, platting ordinance, comprehensive plan, and land development code, as they may be amended from time to time. References to the land development code shall mean and include all land development ordinances and regulations. In the event of a conflict between those requirements and this section, the requirements of this section shall prevail. (4) Accessory buildings and structures shall comply with the following minimum setback requirements. TABLE INSET, ACCESSORY BUILDINGS AND STRUCTURES SETBACKS: Pool, spa, gazebo and shed setbacks: Front 35' Rear 5' Interior sides 5' Side Street ten (10) percent of lot width but not less than fifteen (15) feet Spacing from house for pools or spas 2, Spacing from house for structures 10' Screen enclosure and trellis setbacks: Front 20' —298 - C:I DOCUME— EUeannielLOCALS— l\TemplORD- Zeralotfine080211.1. doc Page 5 of 15 Rear 5' Interior side 4' ZLL side 0' Side Street 10' Accessory structures of four (4) feet high or less: Front 35' Rear 5' Side(s) 5' 24- 2.04.02 Development Type B, Urban Scale Community: (1) Minimum lot sizes and widths. Calculation of lot size shall not include any credit for streets, recreation areas, common open space, water bodies, or public or private roads. The minimum net lot size shall be four thousand (4,000) square feet. For each lot that is less than four thousand five hundred (4,500) square feet, there shall be two lots of four thousand five hundred (4,500) square feet or greater in size. The minimum lot width shall be forty (40) feet. (2) Dwelling unit setback a. Interior side yard. The dwelling unit or a portion thereof shall be placed on one (1) interior side property line with a zero (0) setback and the dwelling unit setback on the other interior side property line shall be •a minimum of ten (10) feet excluding the connecting elements such as fences, walls and trellises. It is provided, however, that units are not required to be placed on the zero lot line property line when said units fall at the end of a sequential row of units and where said units cannot be placed on a separate zero lot line without attaching the unit to an adjacent unit. In that event a minimum spacing of ten (10) feet shall be provided from the residence on the adjacent zero lot line lot. Patios, pools, garden features and other similar elements shall be permitted within the ten -foot setback area; provided, however, no structure, with the exception of fences or walls shall be placed within easements required by Subsection (K). b. Front setback All dwelling structures shall be set back a minimum of twenty (20) feet from the front property line for a minimum of fifty (50) percent of the width of the lot and shall be set back a minimum often (10) feet along the remaining width of the lot. C:1170CUME 1Veannie \LOCAL5-11Temp10RD- ZerolotlineO 1I.1.doc (3) Page 6of15 c. Rear setback. The minimum rear spacing between dwelling units shall be thirty (30) feet between two (2) story units or between a one (1) story and a two (2) story unit. The minimum rear spacing between one (1) story units shall be twenty (20) feet. d. Side street setback. The dwelling setback shall be a minimum of fifteen (15) feet from the side street property line. Accessary buildings and structures shall comply with the following minimum setback requirements. TABLE INSET, ACCESSORY BUILDINGS AND STRUCTURES SETBACKS: Pool, spa, gazebo and shed setbacks: Front 35' Rear 5' Interior sides 5' Side Street ten (10) percent of lot width but not less than fifteen (15) feet Spacing from house for pools or spas 2, Spacing from house for structures 10, Screen enclosure and trellis setbacks: Front 20' Rear 5' Interior side 4' ZLL side 0' Side Street 10' Accessory structures of four (4) feet high or Iess: Front 35' Rear 5' Side(s) 5' C:I DOCUME-- IUeannielLOCALS- 11TemplORD- ZerolotlineO 0 lot.l.doc Page 7 of 15 (4) Alleys. Alleys shall be permitted in zero lot line developments. Said alleys shall provide auto access to individual units and provide service access for trash collection and other public and private services. Alleys shall not be used as storage or parking areas. Individual driveway access to lots within zero lot line developments from the adjacent front or side streets shall be prohibited. (5) Street frontage. Each lot shall have a clear, direct frontage on public streets or to accessways complying with private street requirements. (6) Maximum lot coverage permitted. (7) (8) (9) The total lot coverage permitted for all buildings on the site shall not exceed fifty (50) percent of the lot area. Platting requirements. Each dwelling shall be located on its own individual platted lot. If areas for common use of occupants of the development are shown on the plat, satisfactory arrangements shall be made for the maintenance of the common open space and facilities as provided in Subsection (14) of this Section. The plat shall indicate the zero lot lines and easements appurtenant thereto. Building heights. The maximum building height shall not exceed two (2) stories and thirty - five (35) feet in height. Integration of interior /exterior areas through the use of penetrable openings. The minimum amount of penetrable opening shall be determined by multiplying 0.018 times the interior floor area, excluding garages, up to a maximum of one thousand (1,000) square feet on the ground floor of a dwelling unit. Said penetrable openings shall be provided to exterior patio court areas and shall be totally visual and physically passable. The amount of penetrable opening for units between one thousand (1,000) square feet and fifteen hundred (1,500) square feet shall be calculated on a basis of 0.014 times the square feet of interior floor area on the ground floor. No additional penetrable opening shall be required when the ground floor square footage, excluding garage, exceeds fifteen hundred (1,500) square feet. In all cases, the final linear dimension of said openings shall be calculated to the nearest even foot. C:\DOCUME-11JeannielLOCALS-11TemplORD-Zerolotline-081911.17doc Page 8 of 15 (10) Openings prohibited on the zero lot line side, except as provided herein, and permitted by the applicable building code and fire code requirements. The wall of the dwelling unit located on the lot line shall have no windows, doors, air - conditioning units, or any other type of openings except for the following: a. Atriums or courts shall be permitted on the zero lot line side when the court or atrium is enclosed by three (3) walls of the dwelling unit, and a solid wall of at least eight (8) feet in height is provided on the zero lot line. Said wall shall be constructed of the same material as exterior walls of the unit. b. Windows shall not be permitted on the zero lot line. c. Windows shall be permitted on a building wall which is located perpendicular to the zero lot line property line or where said windows are located at least ten (10) feet from the property line. d. Windows shall be permitted on a building wall on the side of the building adjacent to the interior yard opposite the zero lot line side of the building. (11) Maintenance and drainage easements. A perpetual five -foot wall - maintenance easement shall be provided on the lot adjacent to the zero lot line property line, which, with the exception of walls and/or fences, shall be kept clear of structures. This easement shall be shown on the plat and incorporated into each deed transferring title to the property. The wall shall be maintained in its original color and treatment unless otherwise agreed to in writing by the two (2) affected lot owners. Roof overhangs may penetrate the easement on the adjacent lot a maximum of twenty -four (24) inches but the roof shall be so designed that water runoff from the dwelling placed on the lot line is limited to the easement area. Building footings may penetrate the easement on the adjacent lot a maximum of eight (8) inches. (12) Reserved. (13) Trees and shrubs. Trees, as defined within the Landscaping Code shall be provided on the basis of four (4) trees for each platted lot. In addition, street shade trees shall be provided along each side of the roadway(s) at a minimum spacing of thirty (3 0) feet on center for private roads. In case of developments with public roads, the trees may be placed on private lots in lieu of the public right -of -way, provided the thirty -foot spacing and the rowing of trees are maintained. This shall be in addition to the four (4) trees required for each platted lot. Existing trees, excluding scientifically or legally designated as nuisance or exotic species, shall be preserved to —302 - C:IDOCUME- 1Ueannie\LOCALS– i 1 Temp \ORD- Zerolotline080211.1.doc Page 9of15 the maximum extent practical and shall count towards meeting the total tree requirements. Nuisance species shall be removed from the development site. A minimum of twenty (20) shrubs of a minimum height of eighteen (18) inches shall be planted in the front yard of each dwelling unit. Where double frontage lots are proposed, a minimum five - foot Iandscape buffer is required along the rear lot line. (14) Common open space and maintenance of facilities. Public open space, parks, and recreational areas are required pursuant to the provisions of the Land Development Code. Additional common open space is not required but may be permitted. If common open space is provided, provisions satisfactory to the staff, for developments of 6 dwelling units per acre net density, and to the Planning Commission for developments of greater net density, shall be made to assure that nonpublic areas and facilities for the common use of occupants of zero lot line development shall be maintained in a satisfactory manner, without expense to the general taxpayers of the City of Corpus Christi. Such provisions may be created by the incorporation of an automatic membership home owners association for the purpose of continually holding title to such nonpublic areas and facilities, and levying assessments against each lot, whether improved or not, for the purpose of paying the taxes and maintaining such common open space as may be provided in the development. Other methods may be acceptable if the proposed alternate methods positively provide for the proper and continuous payment of taxes and maintenance without expense to the general taxpayers. The instrument incorporating such provisions shall be approved by the City Attorney, as to form and legal sufficiency, before submission to either the Planning Commission or the City Council (whichever comes first), and shall be recorded in the public records of the county in which the property is located, if satisfactory to the City Council. (15) Fence /walls requirements. Fences and/or walls, with an overall height of six (6) feet, shall be provided on all side and rear property lines that are located behind the front building line and where said walls and/or fences are needed, as determined by site plan review, to visually screen patio /or deck areas from nearby units, or from public or private roadways. Chain link fencing shall be permitted only when shrubbery is planted with, and along, the fencing; shrubbery shall be provided at a maximum spacing of thirty (30) inches on center with an overall height of twenty -four (24) inches at time of planting. Species selected shall be of a variety that grows to a minimum overall height of six (6) feet. PIanting shall be installed and maintained on both sides of a chain link fence where said fence is placed on a property line that divides individual zero lot line lots. Fences and/or walls are not required on property lines which abut a Iake, canal, or golf course and other similar areas. C:' D0CUME- 1UeannielLOCALS- 1 1Temp10RD- ZeroiotlineOi 14.Y.doc Page 10 of 15 (16) Storage area. Forty (40) square feet of storage area per unit with outdoor access shall be provided when a garage is not provided. (17) Minimum number of elevations. Projects with fifty (50) or fewer units shall have a minimum of three (3) different elevations. Projects with more than fifty (50) units shall have a minimum of five (5) different elevations. Typical building elevations shall be submitted to the City for documentation in the site plan review process. Building plans and actual construction shall conform to the typical elevations submitted to the City, and shall provide at least the required number of minimum elevations on the site in equal minimum percentages. Additional elevations shall count toward one or more of the minimum required percentages, and shall not be subject to a new or additional minimum requirement, but shall be counted on a one for one basis (one new additional elevation can be used toward up to one -half of one minimum required elevation, or can be allocated an equal percentage of the total elevations, etc.). (18) Sidewalks. Sidewalks shall be required on both sides of alI streets. A11 sidewalks shall comply with the most restrictive of federal, state, or local standards implementing the Americans with Disabilities Act (ADA). (19) Site plan review. a. Purpose. The purpose of the site plan review is to encourage logic, imagination, innovation and variety in the design process and ensure the congruity of the proposed development and its compatibility with the surrounding area. The Department shall review plans for compliance with zoning regulations and for compliance with the site plan review criteria. b. Required exhibits. The following exhibits shall be prepared by design professionals, such as architects, engineers, and landscape architects, and submitted to the Department of Development Services: 1. A location map indicating existing zoning on the site and adjacent areas. 2. Site plan at no less than one (1) inch equals one hundred (100) feet, including the following information: A. Lot lines and setbacks. CA DOCUME-1 1.1eannielLOCALS- 11Temp\ORD- Zerolotline08 P coc Page 11 of 15 B. Location, shape, size and height of existing and proposed buildings, decorative walls and elements and entrance features. C. Landscaping in accordance with this Code. D. Recreation facilities (if applicable). E. Stages or phases of development, if any. R. Location of off - street parking. G. Location of on -street parking, if any. H. Indication of exterior graphics. I. Indication of design methods used to conserve energy. 3. Floor plans, and elevations of all typical units and any other structures such as recreation buildings. The total amount of lineal exterior wall area and that portion which has visual and physical access to outside patio /court areas shall be indicated for each typical unit. 4. Information indicating the following: A. Gross and net acreage. B. Lot sizes (dimensions and square footage). C. Building heights and stories. D. Building coverage for each lot. E. Amount of common open space in square feet (if applicable). F. Total trees provided and total trees required in accordance with this Code. G. Parking required and provided including the amount and location of on -street parking, if any, that is proposed to meet minimum parking requirements. H. Such other architectural and engineering data as may be required by the City staff to evaluate the project. The Department of Development Services may from time to time publish submission requirements for Zero Lot Line development applications. The submission requirements shall reasonably relate to information that the staff finds is needed to determine compliance with applicable laws, codes, and such policies and standards as may be adopted by the City Council. (20) Plan review standards. The following criteria shall be utilized in the plan review process: a. Planning studies. Planning studies and policies approved by the City Council that include development patterns or environmental and other design criteria shall be utilized in the plan review process. b. Definition of private outdoor living spaces. The zero lot line unit shall be designed to integrate interior and exterior living areas. CADOCUME —Weann ie1LOCALS- 11Temp1ORD- Zerolotline08021 .1, doc Page 12 of 15 The configuration of the exterior walls of the unit shall define and enclose and /or partially enclose outdoor living areas. c. Block length. Visual monotony created by excessive block Iengths shall be avoided. 1. Block lengths in new subdivisions shall not exceed 660 feet. Block widths in new subdivisions shall not exceed 320 feet. Midblock pedestrian and vehicular access to alleys and through blocks shall be permitted, such accessways shall not exceed 40 feet in total width. 2. In existing subdivisions being replatted to create a subdivision pursuant to these standards, it is recognized that block lengths and widths may need to correspond to the existing public street system. In replats of existing subdivisions where streets are already built, longer and wider blocks may be permitted. However in such replats when the standards of this section limiting maximum block length and width can be met, these standards shall be met. When the existing street and infrastructure prevent meeting the block length and width maximum standards in this section, mid -block vehicular and pedestrian, or pedestrian and bicycle, or pedestrian connections shall be required with the intent of maximizing the opportunities for vehicular and pedestrian access on a grid system. In addition, alleyway connections to streets in such replats shall meet the standards of the Land Development Code for separation from other such connections, driveways, and street intersections. d. Landscape. Landscape materials shall minimize the necessity for irrigation. Landscape shall be used to shade and cool, direct wind movements, enhance architectural features, relate structure design to the site, visually screen incompatible uses from one another and ameliorate the impact of noise. e. Buffers. Architectural and/or landscape elements that provide a logical transition to adjoining, existing, or permitted uses shall be provided. f. Energy conservation. Design methods to reduce energy consumption are encouraged. At least two of the following energy conservation methods shall be used: natural ventilation of structures and enhanced attic temperature control; site subdivision and orientation of structures in relation to prevailing breezes and sun angles; insulation of structures including but not Iimited to the use of insulating glass; and use of landscape materials for shade, transpiration, enhancing the cooling effects of summer breezes, and protecting against the chilling effects of winter winds. -306 - C:IDOCUME— 1UeannielLOCALS— 11TemplORD- Zerolotline080211.1.doc Page 13 of 15 g. Graphics. Outdoor graphics shall be designed as an integral part of the overall design of the project. h. Visual access. Visual access shall be provided for the driver of an automobile backing out of the individual lot into the adjacent roadway. Dwelling units on corner lots shall be situated and set back so as to provide unobstructed visual clearance at a roadway intersection. j• Private open space. Open space intended for the private use of each individual dwelling unit shall be so located and designed so as to maximize its utility to the dwelling unit it serves and maximize its privacy, especially in relation to adjacent dwelling units. Trash containers. Trash containers shall be screened and so designed as to be conveniently accessible to their users and collectors. k. Visual screening for decorative walls. In an effort to prevent graffiti vandalism, the following options shall be utilized for walls abutting planned or dedicated rights -of -way: 1. Wall with landscaping. The wall shall be setback three (3) feet from the right -of -way line and the resulting setback area shall contain a continuous extensively landscaped buffer which must be maintained in a good healthy condition by the property owner, or where applicable, by the condominium, homeowners or similar association. The landscape buffer shall contain one (1). or more of the following planting materials: A. Shrubs. Shrubs shall be a minimum of three (3) feet in height when measured immediately after planting and shall be planted and maintained to form a continuous, unbroken, solid, visual screen within one (1) year after time of planting. B. Hedges. Hedges shall be a minimum of three (3) feet in height when measured immediately after planting and shall be planted and maintained to form a continuous, unbroken, solid, visual screen within one (1) year after time of planting. C. Vines. Climbing vines shall be a minimum of thirty-six (36) inches in height immediately after planting. 1. Metal picket fence. Where a metal picket fence abutting a zoned or dedicated right -of -way is constructed in lieu of a decorative wall, landscaping shall not be required. -307 - C:IDOCUME -1 Ueannie\ LOCALS- 11Temp 1OR13- ZerolotlineO8O211.1.doc Page 14 of 15 24- 2.05Nonconforming zero lot line development. Any request for a change to a zero lot line plan, previously or hereafter approved shall be reviewed and decided by the City Council following a public hearing and recommendation by the Planning Commission. Minor changes in order to adjus engineering construction plans needed to address conditions found on the site a in the existing infrastructure shall be approved by the City Engineer, and shat not require approval of the Planning Commission or the City Council. Any zero lot line projects which were approved prior to the effective date of th Ordinance shall remain in effect as approved unless modified or rescinded. Zeg lot line projects approved prior to the effective date of this Ordinance that haul provisions for maintenance and drainage easements in home owners associatio: documents and/or in subdivision plats of at least four feet in width along the zer setback lot line, and that provide for a minimum separation between principi buildings of not less than ten (10) feet, shall be permitted to have roof overhaii encroachments across the common lot line of no more than two (2) fed Accessory structures permitted after the effective date of this ordinance shal comply with the requirements of this ordinance." SECTION 3. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 4. If, for any reason, any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a cart- of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, claa,� phrase, word or provision of this ordinance, for it is the definite intent of the City Council that every section, paragraph, subdivision, phrase, word and provision hereof shall be given full foie and effect for its purpose. SECTION 5. A violation of this rirl requirements b of the City1Code of Ordinances. under this ordinall�a constitutes an offense punishable under Section SECTION 6. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. This ordinance shall take effect upon and after publication of this ordinance. C:IDOCUME- 1Veannie\ LOCALS- 11Temp1URD- Zerolotline0) •roc Page 15 of 15 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2008, 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 , 2008, 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 PASSED AND APPROVED, this the day of , 2008. ATTEST: Armando Chapa Henry Garrett City Secretary Mayor APPROVED as to form: February 18, 2008 By: G: Smith Assistant City Attorney For City Attorney —309- - C:1D0CUME -1 Ueannie\L0CALS –.11 Temp 10RD- Zerolotline080211.1.doc AGENDA NORTH PADRE ISLAND DEVELOPMENT CORPORATION DATE: Tuesday, February 26, 2008 TIME: During the meeting of the City Council beginning at 10:00 a.m. LOCATION: City Council Chambers City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 A. Call meeting to order. B. Roll check. Corporation Directors: Vacant, President Vacant, Vice-Pre i.e Melody Cooper Larry Elizondo yfi Henry Garrett,,/ Mike Hummell Priscilla Leal John Marez Nelda Martineal Michael McCutchon V Staff George K. Noe, City Manager Mary Kay Fischer, City Attorney / Armando Chapa, City Secretary ,/ Cindy O'Brien, Treasurer J� C. Approval of the minutes of the May 30, 2006 meeting D. Appointment of Officers (President, Vice President, Exectutive Director, Secretary, Treasurer). E. Resolution authorizing the issuance of North Padre Island Development Corporation Tax Increment Contract Revenue Refunding Bonds, Series 2008, in an aggregate principal amount not to exceed $13,500,000; approving an indenture of trust, a bond purchase agreement and other contract documents relating to the issuance, sale an d delivery of the Series 2008 Bonds; and containing other provisions related thereto. F. Motion to approve the appropriation and expenditure of $241,487 from the Reinvestment Zone No. 2 Fund #1111 for a contract with the Division of Nearshore Research, Texas A &M University — Corpus Christi for Packery Channel Quarterly Monitoring for 2008- 2009. G. Public comment. i H. Adjournment. k() —313— COa c)34Psi( Nf NORTH PADRE ISLAND DEVELOPMENT CORPORATION MAY 30, 2006 CITY HALL COUNCIL CHAMBER 1 :52 P.M. PRESENT: Members Mark Scott, President Jerry Garcia, Vice President Brent Chesney Henry Garrett Rex A. Kinnison John Marez Jesse Noyola Sta f George Noe, Executive Director Armando Chapa, Secretary Cindy O'Brien, Treasurer ABSENT: Melody Cooper John Longoria A. Cell to order — Vice President Scott called the meeting to order at 1:52 p.m. B. Roil check — Secretary Chapa called the roll. C. Special Consideration items: 1. Approval of minutes of July 13. 2004 meeting - Mr. Garrett made a motion to approve the minutes of July 13, 2004, seconded by Mr. Kinnison and passed unanimously., Cooper and Longoria absent. 2. Appointment of Officers (President. Vice President. Executive Director Secretary Treasurer) - Mr. Chesney made a motion to appoint Mark Scott as President, seconded by Mr. Kinnison and passed. Mr. Kinnison made a motion to appoint Jerry Garcia as Vice President, seconded by Mr. Chesney and passed. President Scott made a motion to appoint George K. Noe as Executive Director, Armando Chapa as Secretary and Cindy O'Brien as Treasurer, seconded by Mr. Noyola and passed. 3. Resolution authorizing the issuance of North Padre Islas, Development Corporation Tax Increment Contract Revenue Bonds. Series 2006. In an aaareaate principal amount not to exceed $2.900.000: aoproving a bond purchase agreement and other contrect documentg relating to the Series 2006 Bonds: and containing other orovisipns related thereto. - Executive Director Noe said this item authorizes the execution of $2.9 million and approves the bond purchase agreement. D. E. Mr. Kinnison made a motion to approve Item 3, seconded by Mr. Garcia and passed. Public Comment - None Adjournment — The meeting was adjourned at 1:54 p.m. NORTH PADRE ISLAND DEVELOPMENT CORPORATION AGENDA MEMORANDUM February 26, 2008 AGENDA ITEM: Resolution authorizing the issuance ofNorth Padre Island Development Corporation Tax Increment Contract Revenue Refunding Bonds, Series 2008, in an aggregate principal amount not to exceed $13,500,000; approving an indenture of trust, a bond purchase agreement and other contract documents relating to issuance, sale and delivery of the Series 2008 bonds; and containing other provisions related thereto. ISSUE: The North Padre Island Development Corporation has authorized and issued through the bond indentures, $12,000,000 in bonds to fund the Packery Channel project. These bonds were issued with interest rates ranging from 7.25% to 7.50 %. It has been determined that it is desirable to issue bonds for the purpose of refunding all of the outstanding bonds to achieve a net present value savings of over 10 %, and to allow for the reduction of the reserve requirement, previously mandated in the original bond indenture. REQUIRED BOARD ACTION: Approval of the resolution is required. FUNDING: Bonds to fund the Packery Channel project will be payable solely from the Tax Increment Fund, Reinvestment Zone No. 2, and not from other city revenues. RECOMMENDATION: City Staff recommends the approval of the resolution by the North Padre Island Development Corporation authorizing the issuance of Series 2008 Refunding Bonds in an aggregate principal amount not to exceed $13,500,000. Attachments: Background Information Draft Resolution —315— 6/7-N-04 ;51541-41-7%._. Cindy O'Brien Director of Financial Services BACKGROUND INFORMATION RELATING TO NORTH PADRE ISLAND DEVELOPMENT CORPORATION TAX INCREMENT CONTRACT REVENUE REFUNDING BONDS, SERIES 2008 In November 2000, the Reinvestment Zone #2 was created by the City Council, pursuant to the provisions of the Tax Increment Financing Act ( "TIF Act "), Chapter 311, Texas Tax Code to facilitate development of a channel and other facilities in the Packery Channel area. After a petition, the City Council submitted the ordinance to the voters in April 2001, which the voters approved. The Zone became effective on November 14, 2000, and will terminate on December 31, 2022, or at an earlier time designated by subsequent ordinance of the City, or at an earlier time that all zone project costs, tax increment bonds and the interest on all tax increment bonds, have been paid in full. As required under the TIF Act, the Zone Board prepared, and the City Council approved, a Project Plan and Reinvestment Zone Financing Plan (the "Plan ") on February 25, 2003. The Plan includes information concerning proposed land uses and development, estimated project and non - project costs and administrative expenses, engineering studies, proposed financing and economic feasibility data, and property appraisal data. North Padre Island Development Corporation, a not -for -profit local government corporation, was established by the City of Corpus Christi ( "the City") under the provisions of Chapter 431, Texas Transportation Code, and the general laws of the State of Texas to aid, assist, and act on behalf of the City in the performance of the City's governmental functions and to provide a means of financing certain project costs in connection with Reinvestment Zone Number Two, City of Corpus Christi, Texas. It is governed by a Board of Directors, whose members are appointed by the City Council. The North Padre Island Storm Damage Reduction and Environmental Restoration Project is a project of the U.S. Army Corps of Engineers (the "Corps ") which includes, amoung other matters, dredging and channelizing a reopened channel ( "Packery Channel "), between the Laguna Madre Intercoastal Waterway and the Gulf of Mexico ( "the "Project "). In addition to the Packery Channel, the Project includes construction by the Corps of two jetties paralleling the Packery Channel and extending into the Gulf approximately 1,400 feet. The City of Corpus Christi and the Corps entered into a Project Cooperation Agreement in order to facilitate the construction of the Packery Channel Project. Of the total$30,656,948 projected cost of the Project, the City as Project sponsor has agreed to pay 35% of the total cost, or approximately $10,733,049. The remaining Project costs are to be paid by the United States Government. The project costs include approximately $1,538,461 of damage caused by Hurricanes Rita, Katrina, and Emily, and approximately $1,435,109 of cost overruns. As part of the Zone Project costs, the City also intends for the Zone to expend approximately $700,000 for recreation improvements, $800,000 for parking costs, and to establish a maintenance reserve. From the onset, it was stated that bonds to fund the project would be payable solely from the tax increment fund and not from other city revenues, and that the transaction would be designed to completely insulate general city revenues from liability on the bonds. RESOLUTION AUTHORIZING THE ISSUANCE OF NORTH PADRE ISLAND DEVELOPMENT CORPORATION TAX INCREMENT CONTRACT REVENUE REFUNDING BONDS, SERIES 2008, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $13,500,000; APPROVING AN INDENTURE OF TRUST, A BOND PURCHASE AGREEMENT AND OTHER CONTRACT DOCUMENTS RELATING TO ISSUANCE, SALE AND DELIVERY OF THE SERIES 2008 BONDS; AND CONTAINING OTHER PROVISIONS RELATED THERETO BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE NORTH PADRE ISLAND DEVELOPMENT CORPORATION: ARTICLE I RECITALS WHEREAS, by Ordinance No. 024270, adopted on November 14, 2000 (the "Creation Ordinance "), the City of Corpus Christi, Texas (the "City "), created a tax increment reinvestment zone known as "Reinvestment Zone Number Two, City of Corpus Christi, Texas" ( "TIRZ Two "), pursuant to the provisions of Chapter 311, Texas Tax Code, and approved a preliminary reinvestment zone financing plan for TIRZ Two; and WHEREAS, by Resolution No. 025040, adopted on October 8, 2002, the City authorized the creation of the North Padre Island Development Corporation (the "Corporation ") to aid, assist and act on behalf ofthe City in the performance of the City's governmental and proprietary functions with respect to the common good and general welfare of the City, as described in the Creation Ordinance; and WHEREAS, on February 25, 2003, the Corporation adopted a "RESOLUTION AUTHORIZING THE ISSUANCE OF NORTH PADRE ISLAND DEVELOPMENT CORPORATION TAX INCREMENT CONTRACT REVENUE BONDS, SERIES 2003, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $3 MILLION; APPROVING AN INDENTURE OF TRUST AND OTHER CONTRACT DOCUMENTS RELATING TO THE BONDS; AND CONTAINING OTHER PROVISIONS RELATED THERETO (the "Initial Bond Resolution "); and WHEREAS, pursuant to the terms of the Initial Bond Resolution, the Corporation approved that certain Indenture of Trust by and between the Corporation and JPMorgan Chase Bank, National Association (the successor to JPMorgan Chase Bank) dated as of February 1, 2003 (the "Original Indenture "), pursuant to which the Corporation set forth the terms and conditions by which it could issue, sell or deliver its bonds, notes or other obligations in accordance with the terms of the Original Indenture to fund Project Costs for the benefit of TIRZ Two, established various Funds and Accounts for the benefit of the owners of such bonds, notes or other obligations, and assigned and pledged to the Trustee such Funds and Accounts for the benefit of such owners; and WHEREAS, pursuant to the terms of the Initial Bond Resolution, the Corporation approved that certain Tri-Party Agreement by and between the City, TIRZ Two, and the Corporation dated as of February 1, 2003 (the "Tri-Party Agreem9, pursuant to which the Corporation was delegated the power and authority to issue, sell or deliver its bonds, notes or other obligations in accordance with the terms of the Tri -Party Agreement; and WHEREAS, on February 25, 2003, the City approved the terms of the Initial Bond Resolution, the sale of bonds in an amount not to exceed $3,000,000, and approved the Original Indenture and the Tri-Party Agreement; and WHEREAS, pursuant to the terms of the Initial Bond Resolution and the Indenture, on April 30, 2003, the Corporation issued and delivered its North Padre Island Development Corporation Tax Increment Contract Revenue Bonds, Series 2003, issued in the aggregate principal amount of $2,500,000 (the "Series 2003 Bonds "); and WHEREAS, the Corporation reserved the right in the Indenture to issue "Additional Parity Bonds" (as defined in the Original Indenture) on a parity with the Series 2003 Bonds; and WHEREAS, on November 11, 2003, the City approved the terms of a resolution authorizing the sale of bonds in an amount not to exceed $2,500,000 (the "Series 2003A Resolution "); and WHEREAS, pursuant to the terms ofthe Series 2003A Resolution and the Original Indenture, on December 18, 2003, the Corporation issued and delivered its North Padre Island Development Corporation Tax Increment Contract Revenue Bonds, Series 2003A, issued in the aggregate principal amount of $2,500,000 (the "Series 2003A Bonds ") on a parity with the Series 2003 Bonds; and WHEREAS, on July 13, 2004, the City approved the terms of a resolution authorizing the sale of bonds in an amount not to exceed $4,500,000 (the "Series 2004 Resolution "); and WHEREAS, pursuant to the terms ofthe Series 2004 Resolution and the Original Indenture, on October 20, 2004; the Corporation issued and delivered its North Padre Island Development Corporation Tax Increment Contract Revenue Bonds, Series 2004, issued in the aggregate principal amount of $4,100,000 (the "Series 2004 Bonds ") on a parity with the Series 2003 Bonds and the Series 2003A Bonds; and WHEREAS, on May 30, 2006, the City approved the terms of a resolution authorizing the sale of bonds in an amount not to exceed $2,900,000 (the "Series 2006 Resolution "); and WHEREAS, pursuant to the terms ofthe Series 2006 Resolution and the Original Indenture, on July 26, 2006, the Corporation issued and delivered its North Padre Island Development Corporation Tax Increment Contract Revenue Bonds, Series 2006, issued in the aggregate principal amount of $2,900,000 (the "Series 2006 Bonds ") on a parity with the Series 2003 Bonds, the Series 2003A Bonds and the Series 2004 Bonds; and WHEREAS, the Series 2003 Bonds, the Series 2003A Bonds, the Series 2004 Bonds and the Series 2006 Bonds are herein referred to collectively as the "Outstanding Bonds "; and WHEREAS, the Corporation has determined that it is desirable to issue bonds for the purpose of refunding all of the Outstanding Bonds to achieve a net present value savings; and WHEREAS, the Corporation has determined that the Original Indenture contains covenants and provisions that are unduly restrictive and which inhibit the ability of the Corporation to refund the Outstanding Bonds to achieve a net present value savings; and WHEREAS, the Corporation has determined to authorize the execution and delivery of an Indenture of Trust by and between the Corporation and The Bank of New York Trust Company, N.A. (the "Trustee ") dated as ofMarch 1, 2008 (the "Indenture "), pursuant to which the Corporation set forth the terms and conditions by which it could issue, sell or deliver its bonds, notes or other obligations in accordance with the terms of the Indenture to refund the Outstanding Bonds, to fund Project Costs for the benefit of TIRZ Two, to establish various Funds and Accounts for the benefit of the owners of such bonds, notes or other obligations, and to assign and pledge to the Trustee such Funds and Accounts for the benefit of such owners; and WHEREAS, the City is not located in a county with a population of 2.1 million or more residents; and WHEREAS, as permitted by Chapter 431, Texas Transportation Code, as amended, the Corporation desires to issue bonds hereinafter authorized upon the terms and conditions and for the purposes herein provided. ARTICLE II DEFINITIONS AND INTERPRETATIONS Section 2.1: Definitions. In this Resolution, the following terms shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined herein shall have the meanings assigned to such terms in the Indenture: The term "Audit" shall mean the audited annual financial statements of the Corporation prepared by an independent auditor. The term "Authorized Denominations" shall mean $5,000 or any integral multiple thereof. The term "Authorized Representative" shall mean the President or any Vice President of the Corporation, the Executive Director ofthe Corporation, or any other person designated by the Board of Directors of the Corporation to act in such capacity. The term "Comptroller" shall mean the Comptroller of Public Accounts of the State of Texas. The term "Dated Date" shall mean, with respect to the Series 2008 Bonds, the date so designated in the Purchase Contract. -3- —319— The term "Designated Trust Office" shall mean the designated corporate trust office of the Registrar, which, as of the date of adoption of this Resolution, is located in Dallas, Texas. The term "Escrow Agent" means The Bank of New York Trust Company, N.A. The term "Escrow Agreement" means the Escrow Agreement between the Corporation and the Escrow Agent, with respect to the Refunded Bonds. The term "Indenture" shall have the meaning given said term in the recitals to this Resolution. The term "Issuance Date" shall mean the date on which the Series 2008 Bonds are authenticated by the Registrar and delivered to and paid for by the Purchaser. The term "MAC" shall mean the Municipal Advisory Council of Texas. The term "MSRB" shall mean the Municipal Securities Rulemaking Board. The term "NRMSIR" shall mean each person whom the SEC or its staff has determined to be a nationally recognized municipal securities information repository within the meaning of the Rule from time to time. The term "Paying Agent" shall mean the Registrar. The term "Purchase Contract" shall mean the Bond Purchase Agreement between the Corporation and the Purchaser, executed under authority of this Resolution. The term "Purchaser" shall mean Bank of America, N.A. The term "Record Date" shall mean, for any Interest Payment Date, the last Business Day of the month next preceding each Interest Payment Date. The term "Refunded Bonds" shall mean all of the Outstanding Bonds (as such term is defined in the preamble to this Resolution). The term "Registrar" shall mean The Bank of New York Trust Company, N.A., and its successors in that capacity. hereto. The term "Resolution" shall mean this resolution, and all amendments hereof and supplements The term "Rule" shall mean SEC Rule 15c2 -12, as amended from time to time. ' The term "SEC" shall mean the United States Securities and Exchange Commission. -4- —320— The term "Series 2008 Bonds" or "Bonds" shall mean the Corporation's Tax Increment Contract Revenue Refunding Bonds, Series 2008, authorized by this Resolution. The term "SID" shall mean any person designated by the State of Texas or an authorized department, officer, or agency thereof as, and determined by the SEC or its staff to be, a state information depository within the meaning of the Rule from time to time. Section 2.2: Interpretations. All terms defined herein and all pronouns used in this Resolution shall be deemed to apply equally to singular and plural and to all genders. The titles and headings of the articles and sections of this Resolution have been inserted for convenience of reference only and are not to be considered a part hereof and shall not in any way modify or restrict any of the terms or provisions hereof. This Resolution and all the terms and provisions hereof shall be liberally construed to effectuate the purposes set forth herein and to sustain the validity of the Parity Bonds and the validity ofthe lien on and pledge ofthe Pledged Revenues to secure the payment ofthe Parity Bonds. ARTICLE III TERMS OF THE BONDS Section 3.1: Maximum Amount, Purpose, Authorization. The Series 2008 Bonds shall be issued in fully registered form, without coupons, numbered consecutively from R -1 upward, in the aggregate principal amount not to exceed $13,500,000 for the purpose of (1) refunding the Refunded Bonds and (2) paying Costs of Issuance, all under and pursuant to the authority of the Act and all other applicable law. None of the proceeds of the Series 2008 Bonds shall be used for the purpose of paying or otherwise providing for educational facilities. Section 3.2: Sale of the Series 2008 Bonds. The Authorized Representative is hereby authorized to act for and on behalf of the Corporation in connection with the issuance and sale of the Series 2008 Bonds. In that capacity, the Authorized Representative, acting for and on behalf of the Corporation, shall determine the date for issuance and sale of the Series 2008 Bonds and shall approve, execute and deliver the Purchase Contract with the Purchaser. Interest on the Series 2008 Bonds shall be payable on the date or dates described in the Purchase Contract (the "Interest Payment Dates "). The Series 2008 Bonds shall bear interest at the fixed rate or rates per annum calculated on the basis of a 360 -day year of twelve 30 -day months, as set forth in the Purchase Contract. There shall be set forth in the Purchase Contract the principal amount of the Series 2008 Bonds to be sold (in no event, however, to exceed the maximum principal amount authorized in Section 3.1 hereof), the price at which the Series 2008 Bonds shall be sold, the principal amortization schedule for the Series 2008 Bonds (including, without limitation, the maturity date or dates for the Series 2008 Bonds (the "Principal Installment Payment Dates ") and the designation of anyofthe maturities ofthe Series 2008 Bonds as term bonds and any sinking fund payments to be deposited to the credit of the Debt Service Fund relating to any term bond so designated), the redemption features of the Series -5- —321— 2008 Bonds, the rate or rates of interest to be borne by the Series 2008 Bonds, the Dated Date of the Series 2008 Bonds, and other matters relating to the issuance, sale and delivery of the Series 2008 Bonds, including, without limitation, the designation given to the Series 2008 Bonds and the obtaining of insurance or other forms of credit enhancement with respect to the Series 2008 Bonds; provided, that the Purchase Contract must provide for the Series 2008 Bonds to be sold on terms that produce (i) interest rate or rates for the Series 2008 Bonds in a multiple of 1/8 of 1% or 1/20 of 1% or 1 /100 of 1 %, (ii) a "net effective interest rate" not in excess of 10.00 %, (iii) a final maturity date of the Series 2008 Bonds that shall not extend beyond December 15, 2022, and (iv) interest rates such that the highest interest rate on any Series 2008 Bond does not exceed the lowest interest rate on such Series 2008 Bonds by more than 4.00 %. The Authorized Representative may effect the refunding of any or all of the bonds included in the definition of Refunded Bonds including, without limitation, the selection ofthe particular maturities and principal amounts of, and the redemption date or dates for, the Refunded Bonds to be refunded, so long as on the date the Purchase Agreement is executed, the net present value savings, calculated in accordance with GASB Statement No. 7, realized as a result of the refunding of the principal amount of the Refunded Bonds is not less than four percent (4.00 %). In connection therewith, the Authorized Representative may determine the principal amount of the Series 2008 Bonds to be issued to effect the refunding of the Refunded Bonds, and any other details relating to the issuance and sale of the Series 2008 Bonds consistent with the provisions of this Section. A finding or determination made by an Authorized Representative acting under the authority delegated thereto by this Resolution with respect to all matters relating to the refunding of the Refunded Bonds shall have the same force and effect as a finding or determination made by the Board. The Authorized Representative's approval of the Purchase Contract shall be conclusively evidenced by his or her execution thereof. Section 3.3: Execution of Series 2008 Bonds. The Series 2008 Bonds shall be signed on behalf of the Corporation by an Authorized Representative and countersigned by the Secretary by their manual, lithographed, or facsimile signatures. Such facsimile signatures on the Series 2008 Bonds shall have the same effect as if each of the Series 2008 Bonds had been signed manually and in person by each of said officers. If any officer of the Corporation whose manual or facsimile signature shall appear on the Series 2008 Bonds shall cease to be such officer before the authentication of such Series 2008 Bonds or before the delivery of such Series 2008 Bonds, such manual or facsimile signature shall nevertheless be valid and sufficient for all purposes as if such officer had remained in such office. Section 3.4: Approval By Attorney General; Registration by Comptroller. The Series 2008 Bonds to be initially issued shall be delivered to the Attorney General of Texas for examination and approval and shall be registered by the Comptroller. By approving this Resolution, the City Council shall have authorized the payment of the fee of the Office of the Attorney General of the State of Texas for the examination of the proceedings relating to the issuance of the Series 2008 Bonds on behalf of the Corporation, in the amount determined in accordance with the provisions of Section 1202.004, Texas Government Code. The manually executed registration certificate of the Comptroller substantially in the form provided in Exhibit A to this Resolution shall be affixed or attached to the Series 2008 Bonds to be initially issued and delivered to the Purchaser. -6- -322— Section 3.5: Authentication. Except for the Series 2008 Bonds to be initially issued, which need not be authenticated by an authorized signatory of the Registrar, only such Series 2008 Bonds as shall bear thereon a certificate of authentication substantially in the form provided in Exhibit A to this Resolution, manually executed by an authorized signatory of the Registrar, shall be entitled to the benefits of this Resolution or shall be valid or obligatory for any purpose. Such duly executed certificate of authentication shall be conclusive evidence that the Series 2008 Bond so authenticated was delivered by the Registrar hereunder. The Registrar, when it authenticates a Series 2008 Bond, shall cause the Dated Date to be stamped, typed or imprinted on such Series 2008 Bond. Series 2008 Bonds issued on transfer of or in exchange for other Series 2008 Bonds shall bear the same Dated Date as the Series 2008 Bond or Series 2008 Bonds presented for transfer or exchange. Section 3.6: Payment of Principal and Interest. The Registrar is hereby appointed as the registrar and paying agent for the Series 2008 Bonds. The principal of the Series 2008 Bonds shall be payable, without exchange or collection charges, in any coin or currency of the United States of America which, on the date of payment, is legal tender for the payment of debts due the United States of America, upon their presentation and surrender as they respectively become due and payable, whether at maturity or by prior redemption, at the Designated Trust Office. The interest on each Series 2008 Bond shall be payable by check payable on the Interest Payment Date, mailed by the Registrar on or before each Interest Payment Date to the Owner of record as ofthe Record Date, to the address of such Owner as shown on the Register, or by such other method, acceptable to the Registrar, requested by and at the risk and expense of the Owner. If the date for the payment of principal or interest on any Series 2008 Bond is not a Business Day, then the date for such payment shall be the next succeeding Business Day, and payment on such date shall have the same force and effect as if made on the original date such payment was due. Section 3.7: Successor Registrars.. The Corporation covenants that at all times while any Series 2008 Bonds are Outstanding it will provide a commercial bank or trust company organized under the laws of the United States of America or State of Texas or other entity duly qualified and legally authorized to act as Registrar for the Series 2008 Bonds. The Corporation reserves the right to change the Registrar for the Series 2008 Bonds on not less than sixty (60) days written notice to the Registrar, so long as any such notice is effective not less than sixty (60) days prior to the next succeeding Principal Installment Payment Date or Interest Payment Date on the Series 2008 Bonds. Promptly upon the appointment of any successor Registrar, the previous Registrar shall deliver the Register or a copy thereof to the new Registrar, and the new Registrar shall notify each Owner, by United States mail, first class postage prepaid, of such change and of the address of the new Registrar. Each Registrar hereunder, by acting in that capacity, shall be deemed to have agreed to the provisions of this Section. Section 3.8: Special Record Date. If interest on any Series 2008 Bond is not paid on any Interest Payment Date and continues unpaid for thirty (30) days thereafter, the Registrar shall -7- —323— establish a new record date for the payment ofsuch interest, to be known as a "Special Record Date." The Registrar shall establish a Special Record Date when funds to make such interest payment are received from or on behalf of the Corporation. Such Special Record Date shall be fifteen (15) days prior to the date fixed for payment of such past due interest, and notice of the date of payment and the Special Record Date shall be sent by United States mail, first class postage prepaid, not later than five (5) days prior to the Special Record Date, to each Owner or record of an affected Series 2008 Bond as of the close of business on the day prior to the mailing of such notice. Section 3.9: Ownership; Unclaimed Principal and Interest. Subject to the further provisions of this Section, the Corporation, the Registrar and any other person may treat the person in whose name any Series 2008 Bond is registered as the absolute Owner of such Series 2008 Bond for the purpose of making and receiving payment of the principal of or interest on such Series 2008 Bond, and for all other purposes, whether or not such Series 2008 Bond is overdue, and neither the Corporation nor the Registrar shall be bound by any notice or knowledge to the contrary. All payments made to the person deemed to be the Owner of any Series 2008 Bond in accordance with this Section 3.9 shall be valid and effectual and shall discharge the liability of the Corporation and the Registrar upon such Series 2008 Bond to the extent of the sums paid. Amounts held by the Registrar which represent principal of and interest on the Series 2008 Bonds remaining unclaimed by the Owner after the expiration of three (3) years from the date such amounts have become due and payable shall be reported and disposed of by the Registrar in accordance with the applicable provisions of the Paying Agent Agreement. Section 3.10: Registration, Transfer, and Exchange. So long as any Series 2008 Bonds remain Outstanding, the Registrar shall keep the Register at the Designated Trust Office and, subject to such reasonable regulations as it may prescribe, the Registrar shall provide for the registration and transfer of Series 2008 Bonds in accordance with the terms of this Resolution. Each Series 2008 Bond shall be transferable only upon the presentation and surrender thereof at the Designated Trust Office of the Registrar, duly endorsed for transfer, or accompanied by an assignment duly executed by the Registered Owner or his authorized representative in form satisfactory to the Registrar. Upon due presentation of any Series 2008 Bond in proper form for transfer, the Registrar shall authenticate and deliver in exchange therefor, within three (3) Business Days after such presentation, a new Series 2008 Bond or Series 2008 Bonds, registered in the name of the transferee or transferees, in Authorized Denominations and of the same maturity, aggregate principal amount, and Dated Date, and bearing interest at the same rate as the Series 2008 Bond or Series 2008 Bonds so presented. All Series 2008 Bonds shall be exchangeable upon presentation and surrender thereof at the Designated Trust Office of the Registrar for a Series 2008 Bond or Series 2008 Bonds of the same maturity, Dated Date, and interest rate and in any Authorized Denomination, in an aggregate amount equal to the unpaid principal amount of the Series 2008 Bond or Series 2008 Bonds presented for exchange. The Registrar shall be and is hereby authorized to authenticate and deliver exchange Series _g_ —324— 2008 Bonds in accordance with the provisions ofthis Section 3.10. Each Series 2008 Bond delivered in accordance with this Section 3.10 shall be entitled to the benefits and security of this Resolution to the same extent as the Series 2008 Bond or Series 2008 Bonds in lieu of which such Series 2008 Bond is delivered. The Corporation or the Registrar may require the Owner of any Series 2008 Bond to pay a sum sufficient to cover any tax or other governmental charge that may be imposed in connection with the transfer or exchange of such Series 2008 Bond. Any fee or charge of the Registrar for, such transfer or exchange shall be paid by the Corporation. The Registrar shall not be required to transfer or exchange any Series 2008 Bond during the period beginning on a Record Date or a Special Record Date and ending on the next succeeding Interest Payment Date or to transfer or exchange any Series 2008 Bond called for redemption during the period beginning thirty days prior to the date fixed for redemption and ending on the date fixed for redemption; provided, however, that this limitation shall not apply to the exchange by the Owner of the unredeemed portion of a Series 2008 Bond called for redemption in part. Section 3.11: Cancellation of Series 2008 Bonds. All Series 2008 Bonds paid or redeemed in accordance with this Resolution, and all Series 2008 Bonds in lieu of which exchange Series 2008 Bonds or replacement Series 2008 Bonds are authenticated and delivered in accordance herewith, shall be canceled and thereafter treated in accordance with the Registrar's document retention policies. Section 3.12: Mutilated, Lost, or Stolen Series 2008 Bonds. Upon the presentation and surrender to the Registrar of a mutilated Series 2008 Bond, the Registrar shall authenticate and deliver in exchange therefor a replacement Series 2008 Bond of like maturity, Dated Date, interest rate and principal amount, bearing a number not contemporaneously Outstanding. The Corporation or the Registrar may require the Owner of such Series 2008 Bond to pay a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith and any other expenses connected therewith, including the fees and expenses of the Registrar. If any Series 2008 Bond is lost, apparently destroyed, or wrongfully taken, the Corporation, pursuant to the applicable laws of the State of Texas and in the absence of notice or knowledge that such Series 2008 Bond has been acquired by a bona fide purchaser, shall execute and the Registrar shall authenticate and deliver a replacement Series 2008 Bond of like maturity, Dated Date, interest rate and principal amount, bearing a number not contemporaneously Outstanding, provided that the Owner thereof shall have: (1) furnished to the Registrar satisfactory evidence of the ownership of and the circumstances of the loss, destruction or theft of such Series 2008 Bond; (2) furnished such security or indemnity as may be required by the Registrar to save it and the Corporation harmless; -9- —325— (3) paid all expenses and charges in connection therewith, including, but not limited to, printing costs, legal fees, fees of the Registrar and any tax or other governmental charge that may be imposed; and (4) met any other reasonable requirements of the Corporation and the Registrar. If, after the delivery of such replacement Series 2008 Bond, a bona fide purchaser of the original Series 2008 Bond in lieu of which such replacement Series 2008 Bond was issued presents for payment such original Series 2008 Bond, the Corporation and the Registrar shall be entitled to recover such replacement Series 2008 Bond from the person to whom it was delivered or any person taking therefrom, except a bona fide purchaser, and shall be entitled to recover upon the security or indemnity provided therefor to the extent of any loss, damage, cost or expense incurred by the Corporation or the Registrar in connection therewith. If any such mutilated, lost, apparently destroyed or wrongfully taken Series 2008 Bond has become or is about to become due and payable, the Corporation in its discretion may, instead of issuing a replacement Series 2008 Bond, authorize the Registrar to pay such Series 2008 Bond. Each replacement Series 2008 Bond delivered in accordance with this Section 3.12 shall be entitled to the benefits and security of this Resolution to the same extent as the Series 2008 Bond or Series 2008 Bonds in lieu of which such replacement Series 2008 Bond is delivered. Section 3.13: Redemption. The Series 2008 Bonds are subject to redemption under the conditions, on the dates, and for the redemption prices set forth in the Purchase Contract, which shall be incorporated into the Form of Bond set forth in Exhibit A hereto. If less than all of the Series 2008 Bonds are to be redeemed, the Corporation shall determine the particular Series 2008 Bonds or portions thereof to be redeemed. Principal amounts may be redeemed only in integral multiples of $5,000. Upon surrender of any Series 2008 Bond for redemption in part, the Registrar, in accordance with Section 3.10 hereof, shall authenticate and deliver in exchange therefor a Series 2008 Bond or Series 2008 Bonds of like maturity, Dated Date, and interest rate in an aggregate principal amount equal to the unredeemed portion of the Series 2008 Bond so surrendered. Unless waived by the Owner, notice of any redemption identifying the Series 2008 Bonds to be redeemed in whole or in part shall be given by the Registrar at least thirty (30) days prior to the date fixed for redemption by sending written notice by United States mail, first class postage prepaid, to the Owner of each Series 2008 Bond to be redeemed in whole or in part at the address shown on the Register. Such notices shall state the redemption date, the redemption price, the place at which Series 2008 Bonds are to be surrendered for payment and, if less than all Series 2008 Bonds Outstanding of a particular maturity are to be redeemed, the numbers of the Series 2008 Bonds or portions thereof of such maturity to be redeemed. Any notice given as provided in this Section 3.13 shall be conclusively presumed to have been duly given, whether or not the Owner receives such notice. By the date fixed for redemption, due provision shall be made with the Registrar for payment -10- -326— of the redemption price of the Series 2008 Bonds or portions thereof to be redeemed, plus accrued interest to the date fixed for redemption. When Series 2008 Bonds have been called for redemption in whole or in part and due provision has been made to redeem the same as herein provided, the Series 2008 Bonds or portions thereof so redeemed shall no longer be regarded as Outstanding except for the purpose o f receiving payment solely from the funds so provided for redemption, and the rights of the Owners to collect interest which would otherwise accrue after the redemption date on any Series 2008 Bond or portion thereof called for redemption shall terminate on the date fixed for redemption. Section 3.14: Limited Obligations. THE SERIES 2008 BONDS ARE A LIMITED OBLIGATION OF THE CORPORATION, PAYABLE SOLELY, TOGETHER WITH THE CURRENTLY OUTSTANDING PARITY BONDS, OUT OF THE TRUST ESTATE, WHICH IS THE SOLE ASSET OF THE CORPORATION PLEDGED THEREFOR. THE SERIES 2008 BONDS ARE OBLIGATION�SOLE LGY ANY STATUTORY ORY OR CONSTITUTIONAL CONSTITUTE, WITHIN THE PROVISION, AN INDEBTEDNESS, AN OBLIGATION OR A LOAN OF CREDIT OF THE CITY OF CORPUS CHRISTI, THE STATE OF TEXAS, NUECES COUNTY, TEXAS, DEL MAR COLLEGE, NUECES COUNTY HOSPITAL DISTRICT, REINVESTMENT ZONE NUMBER TWO, CITY OF CORPUS CHRISTI, TEXAS, OR ANY OTHER MUNICIPALITY, COUNTY, OR OTHER MUNICIPAL OR POLITICAL CORPORATION OR SUBDIVISION OF THE STATE OF TEXAS. NEITHER THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, DEL MAR COLLEGE, NUECES COUNTY HOSPITAL DISTRICT NOR REINVESTMENT ZONE NUABMENTSO ON TTHOEF SERIES CORPUS 2008RBONDS OR THE OBLIGATED TO MAKE P OUTSTANDING PARITY BONDS. ARTICLE IV FORM OF SERIES 2008 BONDS AND CERTIFICATES Section 4.1: Forms. The form of the Series 2008 Bonds, including the form of the Registrar's authentication certificate, the form of assignment, and the form of the Comptroller's Registration Certificate for the Series 2008 Bonds to be initially issued, shall be in substantially the form as set forth in Exhibit A to this Resolution. Section 4.2: Legal Opinion; Cusip Numbers; Bond Insurance. The approving opinion of Bond Counsel and CUSIP Numbers may be printed on the Series 2008 Bonds, but errors or omissions in the printing of such opinion or such numbers shall have no effect on the validity of the Series 2008 Bonds. If bond insurance is obtained by the Purchaser, the Series 2008 Bonds may bear an appropriate legend as provided by the insurer. ARTICLE V ADDITIONAL BONDS Section 5.1: Additional Parity Bonds. The Corporation reserves the right to issue, for any lawful purpose (including the refunding of any previously issued Parity Bonds), one or more series of Additional Parity Bonds payable from and secured by a first lien on the Pledged Revenues, on a parity with the Series 2008 Bonds; provided, however, that Additional Parity Bonds may be issued only in accordance with the provisions of Article III of the Indenture. Section 5.2: Subordinate Lien Obligations. The Corporation reserves the right to issue, for any lawful purpose, Subordinate Lien Obligations secured in whole or in part by liens on the Pledged Revenues that are junior and subordinate to the lien on Pledged Revenues securing payment of the Parity Bonds. Such Subordinate Lien Obligations may be further secured by any other source of payment lawfully available for such purposes. Section 5.3: Reserve Fund. No Reserve Fund has been established for the benefit of the Series 2008 Bonds. The Corporation reserves the right to establish a Reserve Fund for the benefit of the Series 2008 Bonds or any Additional Parity Bonds. ARTICLE VI GENERAL COVENANTS Section 6.1: Punctual Payment of Parity Bonds. The Corporation will punctually pay or cause to be paid the interest on and principal of all Parity Bonds according to the terms thereof and will faithfully do and perform, and at all times fully observe, any and all covenants, undertakings, stipulations and provisions contained in this Resolution and in any resolution authorizing the issuance of Additional Parity Bonds. Section 6.2: Maintenance of TIRZ Two. So long as any Parity Bonds remain Outstanding, the Corporation covenants that it will, within the limits of its authority, comply with all contractual provisions and agreements entered into by it and with all valid rules, regulations, directions or orders of any governmental, administrative, or judicial body promulgating same, noncompliance with which would materially and adversely affect the operation of TIRZ Two. Section 6.3: Accounts, Records, and Audits. So long as any Parity Bonds remain Outstanding, the Corporation covenants and agrees that it will maintain a proper and complete system of records and accounts pertaining to the operation of TIRZ Two and the Corporation in which full, true and proper entries will be made of all dealings, transactions, business and affairs which in any way affect or pertain to TIRZ Two, the Corporation or the Pledged Revenues. The Corporation shall after the close of each Fiscal Year cause an Audit to be prepared by an independent certified public accountant or independent firm of certified public accountants. All expenses incurred in preparing Audits shall be maintenance and operation expenses. -12- -328— Section 6.4: Pledge and Encumbrance of Pledged Revenues. (a) The Corporation covenants and represents that it has the lawful power to create a lien on and to pledge the Pledged Revenues to secure the payment of the Parity Bonds and has lawfully exercised such power under the Constitution and laws ofthe State of Texas. The Corporation further covenants and represents that, other than to the payment of the Parity Bonds, the Pledged Revenues are not and will not be made subject to any other lien pledge or encumbrance to secure the payment of any debt or obligation of the Corporation, unless such lien, pledge or encumbrance is junior and subordinate to the lien and pledge securing payment of the Parity Bonds. (b) The provisions of subsection (a) of this Section 6.4 notwithstanding, the lien on, pledge of, and rights in and to the Pledged Tax Increments established, made, and granted in the Indenture and pursuant to subsection (a) of this Section 6.4 shall constitute a first and senior lien thereon, subject only to the rights, if any, of the holders of bonds or other obligations that have been heretofore or are hereafter issued by a Participant that are payable from and secured by a general levy of ad valorem taxes throughout the taxing jurisdiction of the Participant. (c) Each ofthe Participants has agreed to contribute its Contract Tax Increment to the Tax Increment Fund, in accordance with the Act and its Participant Contract, and that each of the Participants, other than the District, has agreed to contribute and is currently contributing as its Contract Tax Increment 100% of its Tax Increment. Each of the Participants, other than the District, has agreed to contribute its Contract Tax Increment to the Fund for the term of the Zone, which is scheduled to expire on December 31, 2022. In the District Agreement, the District has agreed to contribute 100% of its Contract Tax Increment to the Fund in the first five years of the District Agreement, 80% of its Contract Tax Increment to the Fund in the sixth year of the District Agreement, 60% of its Contract Tax Increment to the Fund in the seventh year of the District Agreement, 40% of its Contract Tax Increment to the Fund in the eighth year of the District Agreement, 20% of its Contract Tax Increment to the Fund in the ninth year of the District Agreement, with such obligation of the District ending after the ninth year of the District Agreement. The Corporation will use reasonable efforts to cause the Participants to levy and annually assess and collect ad valorem taxes at such rates and amounts as may be necessary and required to pay in full and on a timely basis all debt service requirements on each Participant's respective outstanding bonds or other obligations that are payable in whole or in part from and secured by a general levy of ad valorem taxes throughout such Participant without resort to the use of any portion of the Contract Tax Increment derived from the tax collections of such Participants for such purpose, and to cause the portion of such taxes representing Contract Tax Increments to be paid to the Tax Increment Fund. Section 6.5: Owners' Remedies. This Resolution shall constitute a contract between the Corporation and the Owners of the Parity Bonds from time to time Outstanding and this Resolution shall be and remain irrepealable until the Parity Bonds and the interest thereon shall be fully paid or discharged or provision therefor shall have been made as provided herein. In the event of a default in the payment of the principal of or interest on any of the Parity Bonds or a default in the performance of any duty or covenant provided by law or in this Resolution, the Owner or Owners of any of the Parity Bonds may pursue all legal remedies afforded by the Constitution and laws of the State of Texas to compel the Corporation to remedy such default and to prevent further default or defaults. Without in any way limiting the generality of the foregoing, it is expressly provided that any -13- —329— Owner of any of the Parity Bonds may at law or in equity, by suit, action, mandamus, or other proceedings, enforce and compel performance of all duties required to be performed by the Corporation under this Resolution, the deposit ofthe Pledged Revenues into the special funds herein provided, and the application of such Pledged Revenues in the manner required in this Resolution. The foregoing notwithstanding, acceleration of the Parity Bonds is not an available remedy. The sole source of the Corporation available for the payment of debt service on the Bonds is and shall be the Pledged Revenues. Section 6.6: Discharge by Deposit. The Corporation may discharge its obligation to the Owners of any or all of the Parity Bonds to pay principal, interest and redemption premium (if any) thereon in any manner then permitted by law, including, but not limited to, by depositing with any paying agent for such Parity Bonds either: (i) cash in an amount equal to the principal amount and redemption premium, if any, of such Parity Bonds plus interest thereon to the date of maturity or redemption, or (ii) pursuant to an escrow or trust agreement, cash and/or direct noncallable, nonprepayable obligations of the United States of America, in principal amounts and maturities and bearing interest at rates sufficient to provide for the timely payment of the principal amount and redemption premium, if any, of such Parity Bonds plus interest thereon to the date of maturity or redemption; provided, however, that if any of such Parity Bonds are to be redeemed prior to their respective dates of maturity, provision shall have been made for giving notice of redemption as provided in the resolution authorizing such Parity Bonds. Upon such deposit, such Parity Bonds shall no longer be regarded to be Outstanding or unpaid. Section 6.7: Registrar and Trustee May Own Parity Bonds. The Registrar and Trustee for the Parity Bonds, in their corporate or any other capacity, may become holders or pledges of the Parity Bonds with the same rights they would have if they were not the Registrar or Trustee. Section 6.8: No Recourse Against Corporation Officials. No recourse shall be had for the payment of principal of or interest on any. Parity Bonds or for any claim based thereon or on this Resolution against any official ofthe Corporation or any person executing any Parity Bonds. No member of the Board of Directors of the Corporation or any officer, agent, employee or representative ofthe Corporation in his individual capacity, nor the officers, agents, employees or representatives of the Corporation nor any person executing the Series 2008 Bonds shall be personally liable thereon or be subject to any personal liability or accountability by reason of the issuance thereof, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty, or otherwise, all such liability being expressly released and waived as a condition of and in consideration for the adoption of this Resolution and the issuance of the Series 2008 Bonds. Section 6.9: Punctual Payment of Contractual Obligations. The Corporation will punctually pay or cause to be paid any payment obligations made by the Corporation under the terms of a contract hereafter executed and delivered by the Corporation of the nature described in Section 5.2. -14- —330— ARTICLE VII PROVISIONS CONCERNING SALE AND APPLICATION OF PROCEEDS OF SERIES 2008 BONDS Section 7.1: Execution of Documents to Effect Sale of Series 2008 Bonds. Each Authorized Representative and other appropriate officers, agents and representatives of the Corporation are hereby authorized to do any and all things necessary or desirable to provide for the issuance and delivery of the Series 2008 Bonds. Section 7.2: Purpose for Refunding. The Board hereby finds that the refunding of the Refunded Bonds is in the public interest as it enables the Board to produce a net present value savings. An Authorized Representative shall execute and deliver a certificate setting forth the amount of net present value savings realized as a result of the refitnding of the Refunded Bonds, evidencing that the minimum savings threshold established in Section 3.2 of this Resolution has been met. Section 7.3: Application ofProceeds. Proceeds from the sale of the Series 2008 Bonds shall, promptly upon receipt by the Trustee, be applied in the manner provided for in a certificate executed by an Authorized Representative. Proceeds from the sale of the Series 2008 Bonds representing premium, if any, paid by the Purchaser in connection with the sale of the Series 2008 Bonds may be used for any purpose authorized by Section 1201.042(d), Texas Government Code, as directed in a certificate executed by an Authorized Representative. Section 7.4: Escrow Agreement. Each Authorized Representative is hereby authorized to execute and deliver to the Escrow Agent the Escrow Agreement. Each Authorized Representative is hereby authorized to take such steps as may be necessary to effect the terms and conditions of the Escrow Agreement, including, without limitation, the acquisition o fFederal Securities to be deposited to the Escrow Fund in payment of the debt service on the Refunded Bonds. Section 7.5: Redemption ofRefunded Bonds. Upon the executionofthe Purchase Contract, the Refunded Bonds identified in the Purchase Contract to be redeemed are hereby declared to be • called for redemption on the redemption date or dates identified in the Purchase Contract, consistent with the provisions set forth in the respective proceedings authorizing their issuance with respect to the redemption of bonds at the option of the Board. In connection with the prior redemption of any of the Refunded Bonds, each Authorized Representative is hereby directed to coordinate with the paying agent for each series of Refunded Bonds so called for redemption to give notice of such redemption, in accordance with the applicable terms of the resolution that authorized such series of Refunded Bonds. In addition, each Authorized Representative is hereby directed to take such steps as may be necessary to provide registered owners of the Refunded Bonds notice that the obligations owned thereby have been escrowed to maturity or prior redemption. -15- —331— ARTICLE VIII TAX EXEMPTION Section 8.1: General Tax Covenants. The Corporation covenants to refrain from any action which would adversely affect, or to take any action to assure, the treatment of the Series 2008 Bonds as obligations described in section 103 of the Code, the interest on which is not includable in the "gross income" of the holder for purposes of federal income taxation. In furtherance thereat the Corporation covenants as follows: (a) to take any action to assure that no more than 10 percent of the proceeds of the Series 2008 Bonds or the projects financed therewith (less amounts deposited to a reserve fund, if any) are used for any "private business use ", as defined in section 141(b)(6) of the Code or, if more than 10 percent of the proceeds are so used, that amounts, whether or not received by the Corporation, with respect to such private business use, do not, under the terms of this Ordinance or any underlying arrangement, directly or indirectly, secure or provide for the payment of more than 10 percent of the debt service on the Series 2008 Bonds, in contravention of section 141(b)(2) of the Code; (b) to take any action to assure that in the event that the "private business use" described in subsection (a) hereof exceeds 5 percent of the proceeds of the Series 2008 Bonds or the projects financed therewith (less amounts deposited into a reserve fund, if any) then the amount in excess of 5 percent is used for a "private business use" which is "related" and not "disproportionate ", within the meaning of section 141(b)(3) ofthe Code, to the governmental use; (c) to take any action to assure that no amount which is greater than the lesser of $5,000,000, or 5 percent of the proceeds of the Series 2008 Bonds (less amounts deposited into a reserve fund, if any), is directly or indirectly used to finance loans to persons, other than state or local governmental units, in contravention of section 141(c) of the Code; (d) to refrain from taking any action which would otherwise result in the Series 2008 Bonds being treated as "private activity bonds" within the meaning of section 141(a) of the Code; (e) to refrain from taking any action that would result in the Series 2008 Bonds being "federally guaranteed" within the meaning of section 149(b) of the Code; (f) to refrain from using any portion of the proceeds of the Series 2008 Bonds, directly or indirectly, to acquire or to replace funds which were used, directly or indirectly, to acquire investment property (as defined in section 148(b)(2) ofthe Code) which produces a materially higher yield over the term of the Series 2008 Bonds, other than investment property acquired with -- -16- -332— (1) proceeds o f the Series 2008 Bonds invested for a reasonable temporary period of three years or less until such proceeds are needed for the purpose for which the Series 2008 Bonds are issued, (2) amounts invested in a bona fide debt service fund, within the meaning of section 1.148 -1(b) of the Regulations, and (3) amounts deposited in any reasonably required reserve or replacement fund to the extent such amounts do not exceed 10 percent of the proceeds of the Series 2008 Bonds; (g) to otherwise restrict the use of the proceeds of the Series 2008 Bonds or amounts treated as proceeds ofthe Series 2008 Bonds, as may be necessary, so that the Series 2008 Bonds do not otherwise contravene the requirements of section 148 of the Code (relating to arbitrage) and, to the extent applicable, section 149(d) of the Code (relating to advance refundings); and (h) to pay to the United States of America at least once during each five -year period (beginning on the date of delivery of the Series 2008 Bonds) an amount that is at least equal to 90 percent of the "Excess Earnings ", within the meaning of section 148(f) of the Code and to pay to the United States ofAmerica, not later than 60 days after the Series 2008 Bonds have been paid in full, 100 percent of the amount then required to be paid as a result of Excess Earnings under section 148(1) of the Code. The Corporation understands that the term "proceeds" includes "disposition proceeds" as defined in the Treasury Regulations and, in the case of a refunding bond, transferred proceeds (if any) and proceeds of the refunded bonds expended prior to the date of the issuance of the Series 2008 Bonds. It is the understanding of the Corporation that the covenants contained herein are intended to assure compliance with the Code and any regulations or rulings promulgated by the U.S. Department of the Treasury pursuant thereto. In the event that regulations or rulings are hereafter promulgated which modify or expand provisions of the Code, as applicable to the Series 2008 Bonds, the Corporation will not be required to comply with any covenant contained herein to the extent that such failure to comply, in the opinion ofnationally- recognized bond counsel, will not adversely affect the exemption from federal income taxation of interest on the Series 2008 Bonds under section 103 of the Code. In the event that regulations or rulings are hereafter promulgated which impose additional requirements which are applicable to the Series 2008 Bonds, the Corporation agrees to comply with the additional requirements to the extent necessary, in the opinion of nationally - recognized bond counsel, to preserve the exemption from federal income taxation of interest on the Series 2008 Bonds under section 103 of the Code. In furtherance ofthe foregoing, any Authorized Representative may execute any certificates or other reports required by the Code and to make such elections, on behalf ofthe Corporation, which may be permitted by the Code as are consistent with the purpose for the issuance of the Series 2008 Bonds. In order to facilitate compliance with the above clause (h), there has been established in the Indenture a "Rebate Fund" for the sole benefit of the United States of America, and such Rebate Fund shall not be subject to the claim of any other person, including -17- -333— without limitation the Registered Owners of the Series 2008 Bonds. The Rebate Fund is established for the additional purpose of compliance with section 148 of the Code. Section 8.2: Allocation of, and Limitation on, Expenditures for the Project. The Corporation covenants to account for on its books and records the expenditure of proceeds from the sale of the Series 2008 Bonds and any investment earnings thereon to be used for the payment of Project Costs by allocating proceeds to expenditures within 18 months of the later of the date that (a) the expenditure on a Project is made or (b) each such Project is completed. The foregoing notwithstanding, the Corporation shall not expend such proceeds or investment earnings more than 60 days after the later of (a) the fifth anniversary of the date of delivery of the Series 2008 Bonds or (b) the date the Series 2008 Bonds are retired, unless the Corporation obtains an opinion of nationally- recognized bond counsel substantially to the effect that such expenditure will not adversely affect the tax - exempt status of the Series 2008 Bonds. For purposes of this Section, the Corporation shall not be obligated to comply with this covenant if it obtains an opinion of nationally - recognized bond counsel to the effect that such failure to comply will not adversely affect the excludability for federal income tax purposes from gross income of the interest. Section 8.3: Disposition of Project. The Corporation covenants that the property constituting a Project will not be sold or otherwise disposed in a transaction resulting in the receipt by the Corporation of cash or other compensation, unless the Corporation obtains an opinion of nationally - recognized bond counsel substantially to the effect that such sale or other disposition will not adversely affect the tax - exempt status of the Series 2008 Bonds. For purposes of this Section, the portion of the property comprising personal property and disposed of in the ordinary course of business shall not be treated as a transaction resulting in the receipt of cash or other compensation. For purposes of this Section, the Corporation shall not be obligated to comply with this covenant if it obtains an opinion of nationally- recognized bond counsel to the effect that such failure to comply will not adversely affect the excludability for federal income tax purposes from gross income of the interest on the Series 2008 Bonds. ARTICLE IX CONTINUING DISCLOSURE UNDERTAKING Section 9.1: Annual Reports. (a) That the Corporation shall provide annually, within six months after the end of each Fiscal Year ending in or after 2008, financial information and operating data with respect to the Corporation of the general type described in Exhibit B hereto provided that such information and data is customarily prepared by the Corporation. Such information shall be provided to any person upon request made to the Corporation provided that the Corporation reserves the right at any time to commence making such annual filings with the SID (if any, and if none, to each NRMSIR) in lieu of providing such information upon request. Any financial statements so to be provided shall be (1) prepared in accordance with the accounting principles described in Exhibit B hereto, or such other accounting principles as the Corporation may be required to employ from time to time pursuant to state law or regulation, and (2) audited, if the Corporation commissions an audit of such statements and the audit is completed within the period during which they must be provided. If the audit of such financial statements is not complete within such period, then the Corporation shall -18- -334— provide unaudited financial statements by the required time and shall provide audited financial statements for the applicable Fiscal Year to each NRMSIR and any SID, when and if the audit report on such statements become available. (b) If the Corporation changes its Fiscal Year, it will notify the SID o f the change (and of the date of the new Fiscal Year end) prior to the next date by which the Corporation otherwise would be required to provide financial information and operating data pursuant to this Section. The financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any document (including an official statement or other offering document, if it is available from the MSRB) that theretofore has been provided to the SID or filed with the SEC. Section 9.2: Material Event Notices. The Corporation shall notify any SID and the MSRB, in a timely manner, of any of the following events with respect to the Series 2008 Bonds, if such event is material within the meaning of the federal securities laws: 1. Principal and interest payment delinquencies; 2. Non - payment related defaults; 3. Unscheduled draws on debt service reserves reflecting financial difficulties; 4. Unscheduled draws on credit enhancements reflecting financial difficulties; 5. Substitution of credit or liquidity providers, or their failure to perform; 6. Adverse tax opinions or events affecting the tax - exempt status of the Series 2008 Bonds; 7. Modifications to rights of holders of the Series 2008 Bonds; 8. Series 2008 Bond calls; 9. Defeasances; 10. Release, substitution, or sale of property securing repayment of the Series 2008 Bonds; and 11. Rating changes. The Corporation shall notify any SID and the MSRB, in a timely manner, of any failure by the Corporation to provide financial information or operating data in accordance with Section 9.1 by the time required by such Section. Any filing under this Section maybe made solely by transmitting such filing to the MAC as provided at http: / /www.disclosureusa.org, unless the SEC has withdrawn the interpretive advice stated in its letter to the MAC dated September 7, 2004. Section 9.3: Limitations, Disclaimers, and Amendments. (a) The Corporation shall be obligated to observe and perform the covenants specified in this Article for so long as, but only for so long as, the Corporation remains an "obligated person" with respect to the Series 2008 Bonds within the meaning of the Rule, except that the Corporation in any event will give notice of any deposit made in accordance with this Resolution or applicable law that causes Series 2008 Bonds no longer to be Outstanding. -19- —335— (b) The provisions of this Article are for the sole benefit of the holders and beneficial owners of the Series 2008 Bonds, and nothing in this Article, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The Corporation undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Article and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the Corporation's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Article or otherwise, except as expressly provided herein. The Corporation does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Series 2008 Bonds at any future date. (c) UNDER NO CIRCUMSTANCES SHALL THE CORPORATION BE LIABLE TO THE HOLDER OR BENEFICIAL OWNER OF ANY SERIES 2008 BOND OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE CORPORATION, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS ARTICLE, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. (d) No default by the Corporation in observing or performing its obligations under this Article shall comprise a breach of or default under this Resolution for purposes of any other provision of this Resolution. Nothing in this Article is intended or shall act to disclaim, waive, or otherwise limit the duties of the Corporation under federal and state securities laws. (e) The provisions of this Article may be amended by the Corporation from time to time to adapt to changed circumstances that arise from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the Corporation, but only if (1) the provisions of this Article, as so amended, would have permitted an underwriter to purchase or sell Series 2008 Bonds in the primary offering of the Series 2008 Bonds in compliance with the Rule, taking into account any amendments or interpretations ofthe Rule since such offering as well as such changed circumstances and (2) either (A) the holders of a majority in aggregate principal amount (or any greater amount required by any other provision of this Resolution that authorizes such an amendment) of the outstanding Series 2008 Bonds consent to such amendment or (B) a person that is unaffiliated with the Corporation (such as nationally recognized bond counsel) determines that such amendment will not materially impair the interest of the holders and beneficial owners of the Series 2008 Bonds. If the Corporation so amends the provisions of this Article, it shall include with any amended financial information or operating data next provided in accordance with Section 9.1 an explanation, in narrative form, of the reason for the amendment and of the impact of any change in the type of financial information or operating data so provided. The Corporation may also amend or repeal the provisions of this continuing disclosure agreement if the SEC amends or repeals the applicable provision of the Rule or a court of final jurisdiction enters judgment that such provisions of the Rule are invalid, but only if and to the extent that the provisions of this sentence would not -20- —336— prevent an underwriter from lawfully purchasing or selling Series 2008 Bonds in the primary offering of the Series 2008 Bonds. ARTICLE X AUTHORIZATION OF AGREEMENTS The Board hereby approves issuance of the Series 2008 Bonds. The Board heretofore has approved the Tri-Party Agreement, and does hereby affirm that the Tri -Party Agreement applies to the Series 2008 Bonds. The Board hereby represents that no amendments or supplements have been made to the Tri -Party Agreement since the date of delivery of the Series 2006 Bonds. In connection with the issuance of the Series 2008 Bonds, the Board hereby approves all agreements determined by the Board to be necessary in connection with the issuance of the Series 2008 Bonds, including without limitation the following: the Indenture of Trust by and between the Corporation and The Bank of New York Trust Company, N.A., as Trustee, in substantially the form attached hereto as Exhibit C; the Paying Agent/Registrar Agreement by and between the Corporation and The Bank of New York Trust Company, N.A., in substantially the form attached hereto as Exhibit D; the Purchase Contract, in substantially the form attached hereto as Exhibit E; the Escrow Agreement by and between the Corporation and The Bank ofNew York Trust Company, N.A., in substantially the form attached hereto as Exhibit F; and any and all other documents and agreements reasonable and necessary to issue the Bonds (collectively, the "Agreements "). The Board, by a majority vote of its members, at a special meeting, hereby approves the form, terms, and provisions of the Agreements and authorizes the execution and delivery of the Agreements. ARTICLE XI MIS CELLANEOUS Section 11.1: Further Proceedings. The President, any Vice President, the Executive Director, the Secretary, the Assistant Secretary and other appropriate officials ofthe Corporation are hereby authorized and directed to do any and all things necessary and/or convenient to carry out the intent, purposes and terms of this Resolution, including the execution and delivery ofthe Agreements and such certificates, documents or papers deemed necessary and advisable in connection with the delivery of the Series 2008 Bonds. Section 11.2: Severability. If any Section, paragraph, clause or provision of this Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such Section, paragraph, clause or provision shall not affect any of the remaining provisions of this Resolution. Section 11.3: Open Meeting. It is hereby officially found and determined that the meeting at which this Resolution was adopted was open to the public, and that public notice of the time, place and purpose of said meeting was given, all as required by the Texas Open Meetings Act, Chapter 551, Texas Government Code. -21- -337— Section 11.4: Parties Interested. Nothing in this Resolution expressed or implied is intended or shall be construed to confer upon, or to give to, any person or entity, other than the Corporation, the Registrar, and the Owners of the Series 2008 Bonds, any right, remedy or claim under or by reason of this Resolution or any covenant, condition or stipulation hereof, and all covenants, stipulations, promises and agreements in this Resolution shall be for the sole and exclusive benefit of the Corporation, the Registrar, and the Owners of the Series 2008 Bonds. Section 11.5: Repealer. All orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent of such inconsistency. Section 11.6: Effective Date. This Resolution shall become effective immediately upon passage by this Corporation and signature of the President of the Corporation. PASSED AND APPROVED this day of February, 2008. By: Name: Title: President ATTEST: By: Name: Armando Chapa Title: Secretary 11 '' as to form: I I11T Assistarrt City Atto For City Attomey (SEAL) LIST OF EXHIBITS EXHIBIT A FORM OF BOND EXHIBIT B CONTINUING DISCLOSURE INFORMATION EXHIBIT C INDENTURE OF TRUST EXHIBIT D PAYING AGENT AGREEMENT EXHIBIT E BOND PURCHASE AGREEMENT EXHIBIT F ESCROW AGREEMENT EXHIBIT A: FORM OF BOND United States of America State of Texas Registered Registered NORTH PADRE ISLAND DEVELOPMENT CORPORATION TAX INCREMENT CONTRACT REVENUE REFUNDING BOND SERIES 2008 INTEREST RATE: MATURITY DATE: DELIVERY DATE: CUSIP: REGISTERED OWNER: PRINCIPAL AMOUNT: DOLLARS: The NORTH PADRE ISLAND DEVELOPMENT CORPORATION (the "Issuer "), a not- for -pro fit local government corporation created under authority of Chapter 431, Subchapter D, Texas Transportation Code (the "Act ") by the City of Corpus Christi, Texas (the "City "), for value received, promises to pay, but solely from certain Pledged Revenues as hereinafter provided, to the Registered Owner identified above or registered assigns, on the Maturity Date specified above, upon presentation and surrender of this Bond at the designated corporate trust office in Dallas, Texas (the "Designated Trust Office ") of The Bank of New York Trust Company, N.A., as registrar (the "Registrar "), the principal amount identified above, in any coin or currency of the United States of America which on the date of payment of such principal is legal tender for the payment of debts due the United States ofAmerica, and to pay, solely from such Pledged Revenues, interest thereon at the rate shown above, calculated on the basis ofa 360 -day year of twelve 30 -day months, from the later ofthe Delivery Date of the Bonds specified above, or the most recent interest payment date to which interest has been paid or duly provided for. Interest on this Bond is payable by check beginning on 15, 200, and on each 15 and 15 thereafter until maturity or prior redemption, mailed to the Registered Owner as shown on the books of registration kept by the Registrar as of the last Business Day ofthe month next preceding each interest payment date (the "Record Date "), or by such other method, acceptable to the Registrar, requested by and at the risk and expense of the Registered Owner. If interest on this Bond is not paid on any interest payment date specified above, and continues unpaid for thirty (30) days thereafter, the Registrar shall establish a new Record Date for the payment of such interest (a "Special Record Date "). Such Special Record Date shall be established in accordance with the terms of the hereinafter defined Resolution. -340— THIS BOND IS ONE OF A DULY AUTHORIZED SERIES OF BONDS dated as of March 1, 2008 (the "Dated Date "), aggregating $ , issued for the purpose of (1) refunding the Refunded Bonds (as defined in the Resolution) and (2) paying Costs of Issuance, all under and pursuant to the authority of the Act and all other applicable laws, and a resolution adopted by the Issuer on February 2008 (the "Resolution "). None ofthe proceeds ofthe Bonds shall be used for the purpose of paying or otherwise providing for educational facilities. All defined terms not herein defined shall have the meaning attributed thereto in accordance with the terms of the Resolution or the Indenture of Trust dated as of March 1, 2008, between the Issuer and The Bank of New York Trust Company, N.A., as trustee (the "Indenture of Trust "). THIS BOND AND THE SERIES OF WHICH IT IS A PART are limited obligations of the Issuer that are payable from, and are equally and ratably secured, together with the currently outstanding "Parity Bonds ", as defined in the Indenture of Trust, by a first lien on the "Pledged Revenues ", as defined and provided in the Indenture of Trust, which Pledged Revenues are required to be set aside and pledged to the payment of the Bonds and all additional bonds and parity contractual obligations issued or entered into on a parity therewith, in the Debt Service Fund maintained for the payment of all such Bonds, all as more fully described and provided for in the Resolution. This Bond and the series of which it is a part, together with the interest thereon, are payable solely from such Pledged Revenues. THE BONDS may be redeemed only in principal amounts of $5,000 or any integral multiple thereof, at the option of the Issuer, on September 15, 20_, or on any date thereafter, at the redemption price of par plus accrued interest to the date fixed for redemption, plus a premium as set forth below, to -wit: Redemption Dates (dates inclusive) Premium ( %) If less than all of the Bonds are to be redeemed by the Issuer, the Issuer shall determine the maturity or maturities and the amounts therewith to be redeemed and shall direct the Registrar to call by lot Bonds, or portions thereof, within such maturity or maturities and in such principal amounts, for redemption; provided, that during any period in which ownership of the Bonds is determined only by a book entry at a securities depository for the Bonds, if fewer than all of the Bonds of the same maturity and bearing the same interest rate are to be redeemed, the particular Bonds of such maturity and bearing such interest rate shall be selected in accordance with the arrangements between the Issuer and the securities depository; and provided, further, that no Bonds shall be redeemed in a manner where the Registered Owner thereof shall own Bonds in a denomination of less than $100,000. THE BONDS are also subject to mandatory redemption in part by lot on September 15 in the following years and in the following amounts, at a price equal to the principal amount thereof and accrued and unpaid interest to the date of redemption, without premium: Year 2010 2011 2012 2013 2014 2015 2016 * Final Maturity Principal Amount Year 2017 2018 2019 2020 2021 2022* Principal Amount THE BONDS to be redeemed in any year by mandatory sinking fund redemption shall be selected by lot from the Bonds then subject to redemption; provided, that if any Bond is selected for redemption in part it shall not be redeemed in an amount that would, upon exchange, result in a Bond in a denomination less than $5,000. THE PRINCIPAL AMOUNT OF BONDS required to be redeemed on each such redemption date pursuant to the foregoing operation of the mandatory sinking fund redemption shall be reduced, at the option of the Issuer, by the principal amount of the Bonds which, at least 45 days prior to the mandatory sinking fund redemption date, (1) shall have been acquired by the Issuer and delivered to the Registrar for cancellation or (2) shall have been acquired and canceled by the Registrar at the direction of the Issuer, in either case of (1) and (2) at a price not exceeding the par or principal amount of such Bonds, or (3) shall have been redeemed pursuant to the optional redemption provisions described above and not theretofore credited against a mandatory sinking fund redemption. During any period in which ownership of the Bonds is determined by a book entry at a securities depository for the Bonds, if fewer than all of the bonds of the same maturity and bearing the same interest rate are to be redeemed, the particular Bonds of such maturity to be redeemed shall be selected in accordance with the arrangements between the Issuer and the securities depository; • provided, that if any Bond is selected for redemption in part it shall not be redeemed in an amount that would result, upon exchange, in a Bond in a denomination less than $5,000. UNLESS WAIVED BY THE OWNER, NOTICE OF ANY REDEMPTION shall be given at least thirty (30) days prior to the date fixed for redemption by United States mail, first class postage prepaid, addressed to the Registered Owners of each Bond to be redeemed in whole or in part at the address shown on the books of registration kept by the Registrar. When Bonds or portions thereof have been called for redemption, and due provision has been made to redeem the same, the principal amounts so redeemed shall be payable solely from the funds provided for redemption, and interest which would otherwise accrue on the amounts called for redemption shall terminate on the date fixed for redemption. THIS BOND IS TRANSFERABLE only upon presentation and surrender at the Designated Trust Office of the Registrar, duly endorsed for transfer or accompanied by an assignment duly executed by the Registered Owner or his authorized representative, subject to the terms and conditions of the Resolution. —342— THIS BOND IS EXCHANGEABLE at the Designated Trust Office of the Registrar for Bonds in principal amounts only in Authorized Denominations, subject to the terms and conditions of the Resolution. NEITHER THE ISSUER NOR THE REGISTRAR shall be required to transfer or exchange any Bond during the period beginning on the fifteenth calendar day of the month next preceding any interest payment date and ending on the next succeeding interest payment date or to transfer any Bond called for redemption during the 30 day period prior to the redemption date. DURING ANY PERIOD in which ownership of the Bonds is determined only by a book entry at a securities depository for the Bonds, if fewer than all of the Bonds of the same maturity and bearing the same interest rate are to be redeemed, the particular Bonds of such maturity and bearing such interest rate shall be selected in accordance with the arrangements between the Issuer and the securities depository; provided, however, that no Bonds shall be redeemed in a manner where the beneficial owner thereof shall own Bonds in any Authorized Denomination. THIS BOND shall not be valid or obligatory for any purpose or be entitled to any benefit under the Resolution unless this Bond is either (i) registered by the Comptroller of Public Accounts of the State of Texas by registration certificate attached or affixed hereto or (ii) authenticated by the Registrar by due execution of the authentication certificate endorsed hereon. THE ISSUER HAS RESERVED THE RIGHT to issue additional parity Tax Increment Contract Revenue Bonds, subject to the restrictions contained in the Resolution, which may be equally and ratably payable from, and secured by a first lien on and pledge of the Pledged Revenues in the same manner and to the same extent as this Bond and the series of which it is a part. THE BONDS AND ANY OUTSTANDING TAX INCREMENT CONTRACT REVENUE BONDS ARE A LIMITED OBLIGATION OF THE CORPORATION, PAYABLE, TOGETHER WITH THE CURRENTLY OUTSTANDING PARITY BONDS, SOLELY OUT OF THE TRUST ESTATE, WHICH IS THE SOLE ASSET OF THE CORPORATION PLEDGED THEREFOR. THE BONDS AND ANY OUTSTANDING TAX INCREMENT CONTRACT REVENUE BONDS ARE OBLIGATIONS SOLELY OF THE CORPORATION AND DO NOT CONSTITUTE, WITHIN THE MEANING OF ANY STATUTORY OR CONSTITUTIONAL PROVISION, AN INDEBTEDNESS, AN OBLIGATION OR A LOAN OF CREDIT OF THE CITY, THE STATE OF TEXAS, NUECES COUNTY, TEXAS, DEL MAR COLLEGE, NUECES COUNTY HOSPITAL DISTRICT, REINVESTMENT ZONE NUMBER TWO, CITY OF CORPUS CHRISTI, TEXAS, OR ANY OTHER MUNICIPALITY, COUNTY, OR OTHER MUNICIPAL OR POLITICAL CORPORATION OR SUBDIVISION OF THE STATE OF TEXAS. NEITHER THE CITY, NUECES COUNTY, TEXAS, DEL MAR COLLEGE, NUECES COUNTY HOSPITAL DISTRICT NOR REINVESTMENT ZONE NUMBER TWO, CITY OF CORPUS CHRISTI, TEXAS ARE OBLIGATED TO MAKE PAYMENTS ON THE BONDS AND ANY OUTSTANDING TAX INCREMENT CONTRACT REVENUE BONDS. SHOULD EACH PARTICIPANT TIMELY CONTRIBUTE ITS TAX INCREMENT TO THE TAX INCREMENT FUND, AND THE CITY TRANSFERS ALL OF THE TAX INCREMENTS FROM THE TAX INCREMENT FUND TO THE ISSUER IN ACCORDANCE WITH THE TERMS OF THE TRI -PARTY AGREEMENT, AND SUCH TAX INCREMENTS TO —343— BE TRANSFERRED ARE NOT SUFFICIENT FOR THE PAYMENT OF THE PRINCIPAL OF OR INTEREST ON THE BONDS ON THE DATE WHEN SUCH PRINCIPAL OR INTEREST BECOMES DUE AND PAYABLE, AN EVENT OF DEFAULT SHALL NOT BE DEEMED TO HAVE OCCURRED UNDER THE TERMS OF THE INDENTURE OF TRUST. IT IS HEREBY DECLARED AND REPRESENTED that this Bond has been duly and validly issued and delivered; that all acts, conditions, and things required or proper to be performed, exist, and be done precedent to or in the issuance and delivery of this Bond have been performed, existed, and been done in accordance with law; that the Bonds do not exceed any statutory limitation; and that provision has been made for the payment of the principal of and interest on this Bond and all of the Bonds by the creation of the aforesaid lien on and pledge of the Pledged Revenues. IN WITNESS WHEREOF, the Issuer has caused this Bond to be executed by the manual or facsimile signatures of the President and the Secretary. (SEAL) NORTH PADRE ISLAND DEVELOPMENT CORPORATION President, Board of Directors Secretary, Board of Directors FORM OF REGISTRATION CERTIFICATE COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO. I hereby certify that this Bond has been examined, certified as to validity, and approved by the Attorney General of the State of Texas, and that this Bond has been registered by the Comptroller of Public Accounts of the State of Texas. WITNESS MY SIGNATURE AND SEAL this Comptroller of Public Accounts of the State of Texas (SEAL) FORM OF REGISTRAR'S AUTHENTICATION CERTIFICATE AUTHENTICATION CERTIFICATE It is hereby certified that this Bond has been delivered pursuant to the Resolution described in the text of this Bond; and that this Bond is one of a series of Bonds approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas. THE BANK OF NEW YORK TRUST COMPANY, N.A., as Registrar By: Authorized Signature Date of Authentication: FORM OF ASSIGNMENT ASSIGNMENT For value received, the undersigned hereby sells, assigns, and transfers unto (Please print or type name, address, and zip code of Transferee) (Please insert Social Security or Taxpayer Identification Number of Transferee) the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer said Bond on the books kept for registration thereof; with full power of substitution in the premises. DATED: Signature Guaranteed: NOTICE: Signature must be guaranteed by an institution which is a participant in the Securities Transfer Agent Medallion Program ( "STAMP ") or similar program, Registered Owner NOTICE: The signature above must correspond to the name of the Registered Owner as shown on the face of this Bond in every particular, without any alteration, enlargement or change whatsoever. —347— Exhibit B to Resolution DESCRIPTION OF ANNUAL FINANCIAL INFORMATION The following information is referred to in Section 9.1 of this Resolution. Annual Financial Statements and Operating Data The financial information and operating data with respect to the Corporation to be provided annually in accordance with such Section are as specified below: 1. The information of the general type included in Tables 1 through 3, to -wit: 2. "Financial Statements of the North Padre Island Development Corporation ". Accounting Principles The accounting principles referred to in such Section are the accounting principles described in the notes to the financial statements referred to in paragraph 2 above. DRAFT PAYING AGENT AGREEMENT THIS PAYING AGENT AGREEMENT entered into as of , 2008 (this "Agreement "), by and between the North Padre Island Development Corporation (the "Issuer "), and The Bank of New York Trust Company, N.A., a national banking association duly organized and existing under the laws of the United States of America (the "Bank "). RECITALS WHEREAS, the Issuer has duly authorized and provided for the issuance of its Tax Increment Contract Revenue Refunding Bonds, Series 2008, in the aggregate principal amount of $ (the "Securities "), such Securities to be issued in fully registered form only as to the payment of principal and interest thereon; and WHEREAS, the Issuer has selected the Bank to serve as Paying Agent/Registrar in connection with the payment of the principal of, premium, if any, and interest on said Securities and with respect to the registration, transfer and exchange thereof by the registered owners thereof; and WHEREAS, the Bank has agreed to serve in such capacities for and on behalf of the Issuer and has full power and authority to perform and serve as Paying Agent/Registrar for the Securities; NOW, THEREFORE, it is mutually agreed as follows: ARTICLE ONE APPOINTMENT OF BANK AS PAYING AGENT AND REGISTRAR Section 1.01. Appointment. The Issuer hereby appoints the Bank to serve as Paying Agent with respect to the Securities. As Paying Agent for the Securities, the Bank shall be responsible for paying on behalf of the Issuer the principal, premium (if any), and interest on the Securities as the same become due and payable to the registered owners thereof, alI in accordance with this Agreement and the "Resolution" (hereinafter defined). The Issuer hereby appoints the Bank as Registrar with respect to the Securities. As Registrar for the Securities, the Bank shall keep and maintain for and on behalf of the Issuer books and records as to the ownership of said Securities and with respect to the transfer and exchange thereof as provided herein and in the Resolution. The Bank hereby accepts its appointment, and agrees to serve as the Paying Agent and Registrar for the Securities. -349- DRAFT e. Section 1.02. Compensation. As compensation for the Bank's services as Paying Agent /Registrar, the Issuer hereby agrees to pay the Bank the fees and amounts as may be agreed upon in writing. The initial fees and amounts payable for the Bank's services as Paying Agent/Registrar are as set forth in Exhibit A attached hereto. In addition, the Issuer agrees to reimburse the Bank upon its request for all reasonable expenses, disbursements and advances incurred or made by the Bank in accordance with any of the provisions hereof (including the reasonable compensation and the expenses and disbursements of its agents and counsel). ARTICLE TWO DEFINITIONS Section 2.01. Definitions. For all purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires: "Acceleration Date" on any Security means the date on and after which the principal or any or all installments of interest, or both, are due and payable on any Security which has become accelerated pursuant to the terms ofthe Security. "Bank Office" means the principal corporate trust office of the Bank as indicated on the signature page hereof. The Bank will notify the Issuer in writing of any change in location of the Bank Office. "Code" means the Internal Revenue Code of 1986, as amended. "Fiscal Year" means the twelve (12) month period commencing onAugustl ofa calendar year and ending July 31 ofthe next succeeding calendar year, or such other consecutive twelve (12) month period as determined by the Issuer. "Holder" and "Security Holder" each means the Person in whose name a Security is registered in the Security Register. "Issuer Request" and "Issuer Order" means a written request or order signed in the name of the Issuer by the Executive Director of the Issuer, the President or the Vice President of the Issuer, any one or more of said officials, or any other person designated by the Issuer, and delivered to the Bank. "Legal Holiday" means a day on which the Bank is required or authorized to be closed. _2_ -350- DRAFT "Person" means any individual, corporation, partnership, joint venture, association, joint stock company, trust, unincorporated organization or government or any agency or political subdivision of a government. "Predecessor Securities" o f any p articular Security means every previous Security evidencing all or a portion of the same obligation as that evidenced by such particular Security (and, for the purposes ofthis definition, any mutilated, lost, destroyed, or stolen Security for which a replacement Security has been registered and delivered in lieu thereof pursuant to Section 4.06 hereof and the Resolution). "Proceedings" means the Resolution and the Trust Indenture. "Redemption Date" when used with respect to any Bond to be redeemed means the date fixed for such redemption pursuant to the terms of the Resolution. "Resolution" means the resolution, order, or ordinance of the governing body of the Issuer pursuant to which the Securities are issued, certified by the Secretary or any other officer of the Issuer and delivered to the Bank. "Responsible Officer" when used with respect to the Bank means the officer(s) in the corporate trust services department ofthe Bank having direct responsibility for administration ofthe Securities. "Security Register" means a register maintained by the Bank on behalf ofthe Issuer providing for the registration and transfer of the Securities. Stated Maturity" means the date specified in the Resolution the principal of a Security is scheduled to be due and payable. "Trust Indenture" means the Indenture ofTrust by and between the Issuer and The Bank of New York Trust Company, N.A., as trustee, dated as of March 1, 2008. Section 2.02. Other Definitions. The terms "Bank," Issuer," and "Securities (Security)" have the meanings assigned to them in the recital paragraphs of this Agreement. The term "Paying Agent/Registrar" refers to the Bank in the performance of the duties and functions ofthis Agreement. -3- -351— DRAFT ARTICLE THREE PAYING AGENT Section 3.01. Duties of Paying Agent. As Paying Agent, the Bank shall, provided adequate collected funds have been provided to it for such purpose by or on behalf of the Issuer, pay on behalf of the Issuer the principal of each Security at its Stated Maturity, Redemption Date, or Acceleration Date, to the Holder upon surrender of the Security to the Bank at the Bank Office. As Paying Agent, the Bank shall, provided adequate collected funds have been provided to it for such purpose by or on behalf of the Issuer, pay on behalf of the Issuer the interest on each Security when due, by computing the amount of interest to be paid each Holder and preparing and sending checks by United States mail, first class postage prepaid, on each payment date, to the Holders of the Securities (or their Predecessor Securities) on the respective Record Date, to the address appearing on the Security Register or by such other method, acceptable to the Bank, requested in writing by the Holder at the Holder's risk and expense. Section 3.02. Payment Dates. The Issuer hereby instructs the Bank to pay the principal of and interest on the Securities on the dates specified in the Resolution. ARTICLE FOUR REGISTRAR Section 4.01. Security Register - Transfers and Exchanges. The Bank agrees to keep and maintain for and on behalf of the Issuer at the Bank Office books and records (herein sometimes referred to as the "Security Register ") for recording the names and addresses of the Holders of the Securities, the transfer, exchange and replacement of the Securities and the payment of the principal of and interest on the Securities to the Holders and containing such other information as may be reasonably required by the Issuer and subject to such reasonable regulations as the Issuer and the Bank may prescribe. All transfers, exchanges and replacement of Securities shall be noted in the Security Register. Every Security surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, the signature on which has been guaranteed by an officer of a federal or state bank or a member of the National Association of Securities Dealers, in form satisfactory to the Bank, duly executed by the Holder thereof or his agent duly authorized in writing. The Bank may request any supporting documentation it feels necessary to effect a re- registration, transfer or exchange of the Securities. -4- -352- To the extent possible and under reasonable circumstances, the Bank agrees that, in relation to an exchange or transfer of Securities, the exchange or transfer by the Holders thereof will be completed and new Securities delivered to the Holder or the assignee ofthe Holder in not more than three (3) business days after the receipt of the Securities to be cancelled in an exchange or transfer and the written instrument of transfer or request for exchange duly executed by the Holder, or his duly authorized agent, in form and manner satisfactory to the Paying Agent/Registrar. The Bank may utilize the services of an agent, to act on behalf of the Bank, in the performance of the services of registrar under the terms of this Agreement. Section 4.02. Certificates. The Issuer shall provide an adequate inventory of printed Securities to facilitate transfers or exchanges thereof. The Bank covenants that the inventory of printed Securities will be kept in safekeeping pending their use, and reasonable care will be exercised by the Bank in maintaining such Securities in safekeeping, which shall be not less than the care maintained by the Bank for debt securities of other political subdivisions or corporations for which it serves as registrar, or that is maintained for its own securities. Section 4.03. Form of Security Register. The Bank, as Registrar, will maintain the Security Register relating to the registration, payment, transfer and exchange ofthe Securities in accordance with the Bank's general practices and procedures in effect from time to time. The Bank shall not be obligated to maintain such Security Register in any form other than those which the Bank has currently available and currently utilizes at the time. The Security Register may be maintained in written form or in any other form capable of being converted into written form within a reasonable time. Section 4.04. List of Security Holders. The Bank will provide the Issuer at any time requested by the Issuer, upon payment of the required fee, a copy of the information contained in the Security Register. The Issuer may also inspect the information contained in the Security Register at any time the Bank is customarily open for business, provided that reasonable time is allowed the Bank to provide an up -to -date listing or to convert the information into written form. The Bank will not release or disclose the contents of the Security Register to any person other than to, or at the written request of, an authorized officer or employee of the Issuer, except upon receipt of a court order or as otherwise required by law. Upon receipt of a court order and prior to the release or disclosure of the contents of the Security Register, the Bank will notify the Issuer so that the Issuer may contest the court order or such release or disclosure of the contents of the Security Register. -5- -353-- DRAFT Section 4.05. Return of Cancelled Certificates. With respect to all Securities paid or redeemed in accordance with the Resolution, and such Securities shall be cancelled and thereafter treated in accordance with the Bank's document retention policies. Section 4.06. Mutilated, Destroyed, Lost or Stolen Securities. The Issuer hereby instructs the Bank, subject to the applicable provisions of the Proceedings, to deliver and issue Securities in exchange for or in lieu of mutilated, destroyed, lost, or stolen Securi- ties as long as the same does not result in an over - issuance. In case any Security shall be mutilated, or destroyed, lost or stolen, the Bank, in its discretion, may execute and deliver a replacement Security of like form and tenor, and in the same denomination and bearing a number not contemporaneously outstanding, in exchange and substitution for such mutilated Security, or in lieu of and in substitution for such destroyed lost or stolen Security, only after (i) the filing by the Holder thereof with the Bank of evidence satisfactory to the Bank of the destruction, loss or theft of such Security, and of the authenticity of the ownership thereof and (ii) the furnishing to the Bank of indemnification in an amount satisfactory to save and hold the Issuer and the Bank harmless. All expenses and charges associated with such indemnity and with the preparation, execution and delivery of a replacement Security shall be borne by the Holder of the Security mutilated, or destroyed, lost or stolen. Section 4.07. Transaction Information to Issuer. The Bank will, within a reasonable time after receipt of written request from the Issuer, furnish the Issuer information as to the Securities it has paid pursuant to Section 3.01, Securities it has delivered upon the transfer or exchange of any Securities pursuant to Section 4.01, and Securities it has delivered in exchange for or in lieu of mutilated, destroyed, lost, or stolen Securities pursuant to Section 4.06. ARTICLE FIVE THE BANK Section 5.01. Duties of Bank. The Bank undertakes to perform the duties set forth herein and agrees to use reasonable care in the performance thereof. Section 5.02. Reliance on Documents, Etc. (a) The Bank may conclusively rely, as to the truth of the statements and correctness of the opinions expressed therein, on certificates or opinions furnished to the Bank. (b) The Bank shall not be liable for any error of judgment made in good faith by a Responsible Officer, unless it shall be proved that the Bank was negligent in ascertaining the pertinent -6- -354- DRAFT facts. • (c) No provisions of this Agreement shall require the Bank to expend or risk its own funds or otherwise incur any financial liability for performance of any of its duties hereunder, or in the exercise of any of its rights or powers, if it shall have reasonable grounds for believing that repayment of such funds or adequate indemnity satisfactory to it against such risks or liability is not assured to it. (d) The Bank may rely and shall be protected in acting or refraining from acting upon any resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, note, security, or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or parties. Without limiting the generality of the foregoing statement, the Bank need not examine the ownership of any Securities, but is protected in acting upon receipt of Securities containing an endorsement or instruction of transfer or power of transfer which appears on its face to be signed by the Holder or an agent of the Holder. The Bank shall not be bound to make any investigation into the facts or matters stated in a resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, note, security, or other paper or document supplied by Issuer. (e) The Bank may consult with counsel, and the written advice ofsuch counsel or any opinion of counsel shall be full and complete authorization and protection with respect to any action taken, suffered, or omitted by it hereunder in good faith and in reliance thereon. (f) The Bank may exercise any of the powers hereunder and perform any duties hereunder either directly or by or through agents or attorneys of the Bank. Section 5.03. Recitals of Issuer. The recitals contained herein with respect to the Issuer and in the Securities shall be taken as the statements of the Issuer, and the Bank assumes no responsibility for their correctness. The Bank shall in no event be liable to the Issuer, any Holder or Holders of any Security, or any other Person for any amount due on any Security from its own funds. Section 5.04. May Hold Securities. The Bank, in its commercial banking or any other capacity, may become the owner or pledgee of Securities and may otherwise deal with the Issuer with the same rights it would have if it were not the Paying Agent/Registrar, or any other agent. Section 5.05. Moneys Held by Bank. Money held by the Bank hereunder need not be segregated from any other funds provided appropriate trust accounts are maintained in the name and for the benefit of the Issuer. The Bank shall be under no liability for interest on any money received by it hereunder. -7- -355- DRAFT fl Subject to the Unclaimed Property Law of the State of Texas, any money deposited with the Bank for the payment of the principal, premium (if any), or interest on Security and remaining unclaimed for two and one -half years after the final maturity of the Security has become due and payable will be paid by the Bank to the Issuer if the Issuer so elects in writing, and the Holder of such Security shall hereafter look only to the Issuer for payment thereof, and all liability of the Bank with respect to such moneys shall thereupon cease. If the Issuer does not elect, the Bank is directed to report and dispose of the funds in compliance with Title Six of the Texas Property Code, as amended. Section 5.06. Indemnification. To the extent permitted by law, the Issuer agrees to indemnify the Bank for, and hold it harmless against, any loss, liability, or expense incurred without negligence or bad faith on its part, arising out of or in connection with its acceptance or administration of its duties hereunder, including the cost and expense against any claim or liability in connection with the exercise or performance of any of its powers or duties under this Agreement. Section 5.07. Interpleader. The Issuer and the Bank agree that the Bank may seek adjudication of any adverse claim, demand, or controversy over its person as well as funds on deposit, in either a Federal or State District Court located in the State of Texas, and agree that service of process by certified or regis- tered mail, return receipt requested, to the address referred to in Section 6.03 of this Agreement shall constitute adequate service. The Issuer and the Bank further agree that the Bank has the right to file a Bill of Interpleader in any court of competent jurisdiction within the State of Texas to determine the rights of any Person claiming any interest herein. Section 5.08. Depository Trust Company Services. It is hereby represented and warranted that, in the event the Securities are otherwise qualified and accepted for The Depository Trust Company ( "DTC ") services or equivalent depository trust services by other organizations, the Bank has the capability and, to the extent within its control, will comply with DTC's Operational Arrangements, which establish requirements for securities to be eligible for such type depository trust services, including, but not limited to, requirements for the timeliness of payments and funds availability, transfer turnaround time, and notification of redemptions and calls. hereto. ARTICLE SIX MISCELLANEOUS PROVISIONS Section 6.01. Amendment. This Agreement maybe amended only by an agreement in writing signed by both of the parties -8- -356- other. DRAFT Section 6.02. Assignment. This Agreement may not be assigned by either party without the prior written consent of the Section 6.03. Notices. Any request, demand, authorization, direction, notice, consent, waiver, or other document provided or permitted hereby to be given or furnished to the Issuer or the Bank shall be mailed or delivered to the Issuer or the Bank, respectively, at the addresses shown on the signature page of this Agreement. All such notices shall be effective only upon receipt. - Section 6.04. Effect of Headings. The Article and Section headings herein are for convenience only and shall not affect the construction hereof. Section 6.05. Successors and Assigns. All covenants and agreements herein by the Issuer shall bind its successors and assigns, whether so expressed or not. Section 6.06. Severability. In case any provision herein shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Section 6.07. Benefits of Agreement. Nothing herein, express or implied, shall give to any Person, other than the parties hereto and their successors hereunder, any benefit or any legal or equitable right, remedy, or claim hereunder. Section 6.08. Entire Agreement. This Agreement and the Proceedings constitute the entire agreement between the parties hereto relative to the Bank acting as Paying Agent/Registrar and if any conflict exists between his Agreement and the Proceedings, the Proceedings shall govern. Section 6.09. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which shall constitute one and the same Agreement. -9- -357- I DRAFT , { Section 6.10. Termination. This Agreement will terminate (i) on the date of final payment of the principal of and interest on the Securities to the Holders thereof or (ii) may be earlier terminated by either party upon sixty (60) days written notice; provided, however, an early termination of this Agreement by either party shall not be effective until (a) a successor Paying Agent/Registrar has been appointed by the Issuer and such appointment accepted and (b) notice has been given to the Holders of the Securities of the appointment of a successor Paying Agent /Registrar. Furthermore, the Bank and Issuer mutually agree that the effective date of an early termination of this Agreement shall not occur at any time which would disrupt, delay or otherwise adversely affect the payment of the Securities. Upon an early termination ofthis Agreement, the Bank agrees to promptly transfer and deliver the Security Register (or a copy thereof), together with other pertinent books and records relating to the Securities, to the successor Paying Agent/Registrar designated and appointed by the Issuer. The provisions of Section 1.02 and Article Five of this Agreement shall survive and remain in full force and effect following the termination ofthis Agreement. Section 6.11. Reporting Requirements. To the extent required by the Code or the Treasury Regulations, the Bank shall report the amount of interest paid or the amount treated as interest accrued on the Securities which is required to be reported by the Holders on their returns of federal income tax, or assure that such a report is made, to the Holders and the Internal Revenue Service. Section 6.12. Governing Law. This Agreement shall be construed in accordance with and governed by the laws of the State of Texas. [EXECUTION PAGE FOLLOWS] -10- -358- DRAFT IN WITNESS WHEREOF, the parties hereto have executed this Agreement as ofthe day and year first above written. Attest: Secretary THE BANK OF NEW YORK TRUST COMPANY, N.A. By Title Address: 2001 Bryan Street, Eighth Floor Dallas, Texas 75201 Attention: Corporate Trust Operations NORTH PADRE ISLAND DEVELOPMENT CORPORATION Corpus Christi, Texas By Title: Executive Director Address: 1201 Leopard Corpus Christi, Texas 78401 [ISSUER SEAL] DRAFT 1 ' SCHEDULE A Paying Agent/Registrar Fee Schedule PAYING AGENT/REGISTRAR SERVICES Fees for paying agent services are incorporated as part of the fees charged for trustee services. DRAFT j If this purchase agreement meets with the Corporation's approval, please execute it in the place provided below. BANK OF AMERICA, N.A. By: Printed Name: Title: ACCEPTED BY NORTH PADRE ISLAND DEVELOPMENT CORPORATION Executive Director ATTEST: By: Secretary, Board of Directors (SEAL) 822908_[ —361 -- DRAFT 7. Financial Statements: In consideration of the purchase of the Bonds by the Purchaser, the City agrees to provide the Purchaser, annually on or before 1 of each year commencing 1, 2009, with audited annual financial statements. 8. No Oral Agreements: To the extent allowed by law, the parties hereto agree to be bound by the terms of the following notice: T IS PUR RASE AGR EMENT, THE RESOLUTION OF THE CORPORATION AUTHORIZING THE BONDS, THE ATTORNEY GENERAL OPINION, THE OPINION OF BOND COUNSEL AND THE BONDS TOGETHER REPRESENT THE FINAL AGREEMENT BETWEEN THE PARTIES REGARDING THIS TRANSACTION AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS, UNDERSTANDINGS OR COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THIS TRANSACTION. {Signature Page Follows} if (I DRAFT A certificate, dated the date of Closing, of an authorized representative of the Corporation to the effect that (i} the representations and warranties of the Corporation contained herein or in any certificate or document delivered by the Corporation pursuant to the provisions hereof are true and correct in all material respects on and as of the date of Closing as if made on the date of Closing; (ii) he or she is not aware of any litigation or proceeding pending or threatened against the Corporation in any court or administrative body which would (a) contest the right of the members or officials of the Corporation to hold and exercise their respective positions, (b) contest the due organization and valid existence of the Corporation, (c) contest the validity, due authorization and execution of the Bonds or the Corporation Documents or (d) attempt to limit, enjoin or otherwise restrict or prevent the Corporation from collecting the Pledged Revenues pledged or to be pledged to pay the principal of and interest on the Bonds, or the pledge of the Pledged Revenues; and (iii) the Resolution authorizing the execution and delivery of the Bonds and the Corporation Documents, and the performance of its obligations thereunder has been duly adopted by the Corporation, is m full force and effect and has not been modified, amended or repealed. (h) A certificate of the Corporation in form and substance satisfactory to Bond Counsel (a) setting forth the facts, estimates and circumstances in existence on the date of the Closing, which establish that it is not expected that the proceeds of the Bonds will be used in a manner that would cause the Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended (the "Code "), and any applicable regulations (whether final, temporary or proposed), issued pursuant to the Code, and (b) certifying that to the best of the knowledge and belief of the Corporation there are no facts, estimates or circumstances that would materially change the conclusions, representations and expectations contained in such certificate. (i) Nothing shall have occurred prior to the Closing which in the reasonable opinion of the Purchaser has had or could reasonably be expected to have a materially adverse effect on the Corporation's business, property or financial condition. 6. Nature of Purchase: The Purchaser acknowledges that (a) no official statement or other disclosure or offering document has been prepared in connection with the issuance and sale of the Bonds, and (b) neither the Corporation nor its Financial Advisor nor its Bond Counsel has provided, or been asked to provide, any financial or other information ertaining to the Corporation or the Bonds, other than the Ordinance. The Purchaser is a ancial mstitution or other accredited investor as defined in the Securities Act of 1933 ration D, 17 C.F.R. §230.501(a), accustomed to purchasing tax - exempt obligations such as the Bonds. Coastal Securities and McCall, Parkhurst & Horton L.L.P. have not undertaken, nor been requested to undertake, any steps to ascertain the accuracy or completeness of any information obtained by the Purchaser with respect to the Corporation or the Bonds, and the Purchaser has not looked to any of such firms or the Corporation for, nor has the Corporation or any of such firms made, any representations to the Purchaser with respect to the purchase of the Bonds. The Purchaser has satisfied itself that it may lawfully urchase the Bonds. The Bonds (i) are not being registered under the Securities Act of 1933 and are not being registered or otherwise qualified for sale under the "Blue Sky" laws and regulations of any state; and (ii) will not be listed on any stock or other securities exchange. The Purchaser is familiar with the financial condition and affairs of the Corporation, particularly with respect to its ability to pay its obligations under the Bonds. Although the Purchaser has had the opportunity to obtain information from the Corporation regarding the financial condition of the Corporation, the Purchaser has not requested any such information other than the Information Statement to be provided at closing and annually thereafter as provided in Section 6 hereof. The Purchaser has obtained all informatiorr that it deems necessary and appropriate in order for it to assess and evaluate the security and source of payment for the Bonds. The Purchaser is purchasing the Bonds for its own account or for that of an affiliate as evidence of a loan to the Corporation and has no present intention to make a public distribution or sale of the Bonds. In no event will the Purchaser sell the Bonds to purchasers who are not sophisticated investors unless an official statement or other disclosure document is prepared with respect to such sale of the Bonds. Re —363— DRAFT (g) There is no litigation or proceeding pending or, to the knowledge of the undersigned, threatened against the Corporation in any court or administrative body which would (a) contest the right of the members or officials of the Corporation to hold and exercise their respective positions, (b) contest the due organization and valid existence of the Corporation, (c) contest the validity, due authorization and execution of the Bonds or (d) attempt to limit, enjoin or otherwise restrict or prevent the Corporation from collecting the Pledged Revenues, or the pledge thereof. (h) The Corporation will apply, or cause to be applied, the proceeds from the sale of the Bonds as provided in and subject to all of the terms and provisions of the Indenture and the Resolution and not take or omit to take any action which action or omission will adversely affect the exclusion from gross income for federal income tax purposes of the interest on the Bonds. (i) Prior to the Closing, the Corporation will not offer or issue any bonds, notes or other obligations for borrowed money or incur any material liabilities, direct or contingent, payable from or secured by a pledge of the Pledged Revenues without the prior approval of the Purchaser. (j) Any certificate, signed by any official of the Corporation authorized to do so in connection with the transactions contemplated by this Agreement, shall be deemed a representation and warranty by the Corporation to the Purchaser as to the statements made therein. (k) The Corporation covenants that between the date hereof and the Closing it will take no actions which will cause the representations and warranties made in this Section to be untrue as of Closing. 4. Closin : At the Closing (defined below) the Corporation shall deliver and the Purchaser sh purchase the Initial Bonds. Upon payment of the purchase price therefor, the Corporation shall deliver the Bonds to the Purchaser. Payment of thepurchase price and delivery of the Bonds shall occur at 10:00 a.m. Corpus Christi, Texas time, on , 2008, or at such other time as shall be mutually agreed upon (hereinafter referred to as the "Closing ".). The Closing shall take place at the offices of McCall, Parkhurst & Horton L.L.P., in Dallas, Texas, or such other location as may be mutually agreed upon. 5. Conditions to Closing: The Purchaser shall not have any obligation to consummate the purchase of the Bonds unless the following requirements have been satisfied prior to Closing: (a) The Corporation shall have adopted the Resolution authorizing the execution and delivery of the Corporation Documents and the issuance of Bonds. The Purchaser shall have received a certified copy of the Indenture and the Resolution. (c) McCall, Parkhurst & Horton L.L.P., Bond Counsel, shall have issued its approving legal opinion as to the due authorization, issuance and delivery of the Bonds and as to the exemption of the interest thereon from federal income taxation. Td) The Bonds shall have been approved by the Attorney General of the State of exas and shall have been registered by the Comptroller of Public Accounts. • (e) The Purchaser shall have received an informational summary containing the maturities optional redemption provisions, interest rates per annum and yields of the Bonds and (collectively, the "Information Statement "). (f) Evidence that Standard & Poor's Rating Services has assigned a rating of " to the Bonds. —364— , - T RA transactions contemplated by the Corporation Documents, and the Corporation has complied and will at the Closing be in compliance in all respects, with the terms of the Act and the Corporation Documents as they pertain to such transactions. By all necessary official action of the Corporation prior to or concurrently with the acceptance hereof, the Corporation has duly authorized all necessary action to be taken by it for (i) the adoption of the Resolution and the issuance and sale of the Bonds, (ii) the approval, execution and delivery of, and the performance by the Corporation of the obligations on its part, contained in the Bonds and the Corporation Documents and (iii) the consummation by it of all other transactions contemplated by the Corporation Documents and any and all such other agreements and documents as may be required to be executed, delivered and/or received by the Corporation in order to carry out, give effect to, and consummate the transactions contemplated herein. (c) The Corporation Documents constitute legal, valid and binding obligations of the Corporation, enforceable in accordance with their respective terms, subject to bankruptcy, insolvency, reorganization, moratorium and p other similar laws and principles of equity relating to or affecting the enforcement of creditor's rights; the Bonds, when issued, delivered and paid for, in accordance with the Resolution and this Agreement, will constitute legal, valid and binding obligations of the Corporation entitled to the benefits of the Ordinance and enforceable in accordance with their terms, subject to bankruptcy, insolvency, reorganization, moratorium and other similar laws and principles of equity relating to or affecting the enforcement of creditors' rights; upon the issuance, authentication and delivery of the Bonds as aforesaid the Indenture will provide, for the benefit of the holders, from time to time, of the Bonds, or the collection of the Pledged Revenues, to be deposited with the Trustee for te benefit of the Purchaser (as owner of the Bonds) for the payment of the Bonds. (d) As of the date hereof and as of the date of Closing, the Corporation is not in breach of or default in any material respect under any applicable constitutional provision, law or administrative regulation of the State or the United States or any applicable judgment or decree or any loan agreement, indenture, bond, note, resolution, agreement or other instrument to which the Corporation is a party or to which the Corporation is or any of its property or assets are otherwise subject, and no event has occurred and is continuing which constitutes or with the passage of time or the giving of notice or both, would constitute a default or event of default by the Corporation under any of the foregoing; and the execution and delivery of the Bonds and the Corporation Documents and the adoption of the Resolution -and compliance with the provisions on the Corporation's part contained therein, will not conflict with or constitute a breach of or default under any constitutional provision, administrative regulation, judgment, decree, loan agreement, indenture, bond, note, resolution, agreement or other instrument to which the Corporation is a party or to which the Corporation is or to which any of its property or assets are otherwise subject nor will any such execution, delivery, adoption or compliance result in the creation or imposition of any lien, charge or other security interest or encumbrance of any nature whatsoever upon any of the property or assets of the Corporation to be pledged to secure the Bonds or under the terms of any such law, regulation or instrument, except as provided by the Bonds and the Indenture. (e) The City, by resolution duly adopted by its City Council, has approved the actions of the Corporation with respect to the issuance and sale of the Bonds to the Purchaser. (f) All other authorizations, approvals, licenses, permits, consents and resolutions of any governmental authority, legislative body, board, agency or commission having jurisdiction of the matter which are required for the due authorization of which would constitute a condition precedent to, or the absence of which would matenallyy adversely affect the due performance by the Corporation of its obligations under the Corporation Documents and the Bonds, have been duly obtained, except for the approval of the Bonds by the Attorney General of the State of Texas (and the registration of the Bonds by the Comptroller of Public Accounts of the State of Texas), which shall be obtained pnor to the delivery of the Bonds to the Purchaser. —365— DRAFl [Letterhead of Purchaser] _February , 2008 Board of Directors North Padre Island Development Corporation 1201 Leopard Corpus Christi, Texas 78401 Re: $ North Padre Island Development Corporation Contract Tax Increment Revenue Refunding Bonds, Series 2008 Ladies and Gentlemen: Bank of America, N.A. (the "Purchaser ") hereby offers to purchase from the North Padre Island Development Corporation (the "Corporation ") the captioned obligations (the "Bonds "), and, upon acceptance of this offer by the Corporation, such offer will become a binding agreement between the Purchaser and the Corporation. This offer must be accepted by 3:00 p.m., Corpus Christi, Texas time, , 2008, and if not so accepted will subject to withdrawal. Inasmuch as this purchase and sale represents a negotiated transaction, the Issuer understands, and hereby confirms, that the Purchaser is not acting as a fiduciary of the Corporation, but rather is acting solely in its capacity as Purchaser for its own account. Capitalized terms not otherwise defined herein shall have the meanings assigned such terms m the Indenture (defined below). 1. Purchase Price: The purchase price for the Bonds is par. 2. Terms of Bonds: The Bonds will be dated 1, 2008, and will have the maturities, redemption provisions, interest rates per annum and such other terms and conditions as are set forth m the bond resolution (the "Resolution") adopted by the Board of Directors on February 26, 2008. The Resolution authorizes the execution of an Indenture of Trust, dated as of March 1, 2008, between the Corporation and The Bank of New York Trust Company, National Association, as trustee the "Indenture "). The Bonds are being issued in accordance with the provisions of the Indenture and the Resolution. The Purchaser acknowledges receipt prior to the date hereof of unsigned copies of the Indenture and the Resolution. Pursuant to and as more fully described in the Indenture, the Bonds shall be secured by a pledge of the Pledged Revenues. 3. Representations, Warranties, and Covenants of the Corporation: The Corporation hereby represents, warrants to and covenants with the Purchaser that: (a) The Corporation is a Iocal overnment corporation acting on behalf of the City of Corpus Christi, Texas (the "City' in furtherance of the governmental purposes of the City, and operates under the Constitution and general laws of the State, and has full legal right, power and authority under Subchapter D of Chapter 431 of the Texas Transportation Code, as amended_(the "Act "), and at the date of the Closing will have full legal right, power and authority under the Act (i) to enter into, execute and deliver this agreement, the Indenture, the Resolution, the Escrow Agreement (as defined in Resolution) and the Paying Agent Agreement (as defined in the Resolution), and all documents required hereunder and thereunder to be executed and delivered by the Corporation (this agreement and the other documents referred to in this clause (i) are hereinafter referred to as the "Corporation Documents"), (ii) to sell , issue and deliver the Bonds to the Purchaser as provided herein, and (iii) to carry out and consummate the 1122908_1 - 3 6 6 -- ESCROW AGREEMENT NORTH PADRE ISLAND DEVELOPMENT CORPORATION CONTRACT TAX INCREMENT REVENUE REFUNDING BONDS SERIES 2008 ESCROW THIS ESCROW AGREEMENT, dated as of , 2008 (herein, together with any amendments or supplements hereto, called the "Agreement ") is entered into by and between North Padre Island Development Corporation (herein called the "Issuer ") and The Bank of New York Trust Company, N.A., as escrow agent (herein, together with any successor in such capacity, called the "Escrow Agent "). The addresses of the Issuer and the Escrow Agent are shown on Exhibit "A" attached hereto and made a part hereof. WITNES SETH: WHEREAS, the Issuer heretofore issued and there presently remain outstanding the obligations (the "Refunded Bonds ") described in the Verification Report of Grant Thornton LLP, a true and correct copy of which is attached hereto as Exhibit "B" and made a part hereof (the "Report"), relating to the Refunded Bonds; and WHEREAS, the Refunded Bonds are scheduled to mature on such dates, bear interest at such rates, and be payable at such times and in such amounts as are set forth in the Report; and WHEREAS, when firm banking arrangements have been made for the payment of principal and interest to the maturity or redemption date of the Refunded Bonds, then the Refunded Bonds shall no longer be regarded as outstanding except for the purpose of receiving payment from the funds provided for such purpose; and WHEREAS, the laws of the State of Texas authorize the Issuer to issue refunding bonds and to deposit the proceeds from the sale thereof, and any other available funds or resources, directly with any place of payment (paying agent) for the Refunded Bonds, and such deposit, if made before such payment dates and in sufficient amounts, shall constitute the making of firm banking and financial arrangements for the discharge and final payment of the Refunded Bonds; and WHEREAS, the laws of the State of Texas further authorize the Issuer to enter into an escrow agreement with such paying agent for the Refunded Bonds with respect to the safekeeping, investment, administration and disposition of any such deposit, upon such terms and conditions as the Issuer and such paying agent may agree, and that such deposits may be invested in direct obligations of the United States of America, including obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, and which may be in book entry form, and which shall mature and/or bear interest payable at such times and in such amounts as will be sufficient to provide for the scheduled payment of principal and interest on the Refunded Bonds when due; and -367- DRAFT WHEREAS, The Bank ofNew York Trust Company, N.A., as successor to JPMorgan Chase Bank, National Association, is the paying agent for the Refunded Bonds; and WHEREAS, it shall be the duty of the Escrow Agent to comply with the terms of this Agreement and timely make available the amounts required to provide for the payment of the principal of and interest on such obligations when due, and in accordance with their terms, but solely from the funds, in the manner, and to the extent provided in this Agreement; and WHEREAS, the North Padre Island Development Corporation Contract Tax Increment Revenue Refunding Bonds, Series 2008 (the "Refunding Bonds ") have been authorized by the Issuer to be issued, sold and delivered for the purpose, among others, of obtaining the funds required to provide for the payment of the principal of the Refunded Bonds at their maturity or date of redemption and the interest thereon to such dates; and WHEREAS, the Issuer desires that, concurrently with the delivery of the Refunding Bonds to the purchasers thereof, certain proceeds of the Refunding Bonds, together with certain other available funds of the Issuer, if applicable, shall be applied to purchase certain direct obligations of the United States of America hereinafter defined as the "Escrowed Securities" for deposit to the credit of the Escrow Fund created pursuant to the terms of this Agreement and to establish a beginning cash balance (if needed) in such Escrow Fund; and WHEREAS, the Escrowed Securities shall mature and the interest thereon shall be payable at such times and in such amounts so as to provide moneys which, together with cash balances from time to time on deposit in the Escrow Fund, will be sufficient to pay interest on the Refunded Bonds as it accrues and becomes payable and the principal of the Refunded Bonds on their maturity or date of redemption; and WHEREAS, to facilitate the receipt and transfer of proceeds of the Escrowed Securities, particularly those in book entry form, the Issuer desires to establish the Escrow Fund at the designated corporate trust office of the Escrow Agent; and WHEREAS, the Escrow Agent is herein also referred to as the "Paying Agent ", and in such capacity as paying agent for the Refunded Bonds, acting through the Escrow Agent, is also a party to this Agreement, as the sole Paying Agent for the Refunded Bonds, to acknowledge its acceptance of the terms and provisions of this Agreement in such capacity. NOW, THEREFORE, in consideration of the mutual undertakings, promises and agreements herein contained, the sufficiency of which hereby are acknowledged, and to secure the full and timely payment of principal of and the interest on the Refunded Bonds, the Issuer and the Escrow Agent mutually undertake, promise, and agree for themselves and their respective representatives and successors, as follows: -2- -368- ARTICLE I DEFINITIONS AND INTERPRETATIONS Section 1.01. Definitions. Unless the context clearly indicates otherwise, the following terms shall have the meanings assigned to them below when they are used in this Agreement: "Code" means the Internal Revenue Code of 1986, as amended, or to the extent applicable the Internal Revenue Code of 1954, together with any other applicable provisions of any successor federal income tax laws. "Escrow Fund" means the fund created by this Agreement to be administered by the Escrow Agent pursuant to the provisions of this Agreement. "Escrowed Securities" means the direct noncallable, non - prepayable United States Treasury obligations and obligations the due timely payment of which is unconditionally guaranteed by the United States of America described in the Report or cash or other direct obligations of the United States of America substituted therefor pursuant to Article IV of this Agreement. Section 1.02, Other Definitions. The terms "Agreement ", "Issuer ", "Escrow Agent ", "Refunded Bonds ", "Refunding Bonds ", "Report" and "Paying Agent ", when they are used in this Agreement, shall have the meanings assigned to them in the preamble to this Agreement. Section 1.03. Interpretations. The titles and headings of the articles and sections of this Agreement have been inserted for convenience and reference only and are not to be considered a part hereof and shall not in any way modify or restrict the terms hereof. This Agreement and all of the terms and provisions hereof shall be liberally construed to effectuate the purposes set forth herein and to achieve the intended purpose of providing for the refunding of the Refunded Bonds in accordance with applicable law. ARTICLE II DEPOSIT OF FUNDS AND ESCROWED SECURITIES Concurrently with the sale and delivery of the Refunding Bonds the Issuer shall deposit, or cause to be deposited, with the Escrow Agent, for deposit in the Escrow Fund, the funds and Escrowed Securities described in the Report, and the Escrow Agent shall, upon the receipt thereof, acknowledge such receipt to the Issuer in writing. -3- -369- E ` DRAFT ARTICLE III CREATION AND OPERATION OF ESCROW FUND Section 3.01. Escrow Fund. The Escrow Agent has created on its books a special trust fund and irrevocable escrow to be known as the North Padre Island Development Corporation Contract Tax Increment Revenue Refunding Bonds Series 2008 Escrow Fund (the "Escrow Fund "). The Escrow Agent hereby agrees that upon receipt thereof it will irrevocably deposit to the credit of the Escrow Fund the funds and the Escrowed Securities described in the Report. Such deposit, all proceeds therefrom, and all cash balances from time to time on deposit therein (a) shall be the property of the Escrow Fund, (b) shall be applied only in strict conformity with the terms and conditions of this Agreement, and (c) are hereby irrevocably pledged to the payment of the principal of and interest on the Refunded Bonds, which payment shall be made by timely transfers of such amounts at such times as are provided for in Section 3.02 hereof. When the final transfers have been made for the payment of such principal of and interest on the Refunded Bonds, any balance then remaining in the Escrow Fund shall be transferred to the Issuer, and the Escrow Agent shall thereupon be discharged from any further duties hereunder. Section 3.02. Payment of Principal and Interest. The Escrow Agent is hereby irrevocably instructed to transfer from the cash balances from time to time on deposit in the Escrow Fund, the amounts required to pay the principal of the Refunded Bonds and interest thereon in the amounts and on the date shown in the Report. Section 3.03. Sufficiency of Escrow Fund. The Issuer represents that the successive receipts of the principal of and interest on the Escrowed Securities will assure that the cash balances on deposit from time to time in the Escrow Fund will be at all times sufficient to provide moneys for transfer to the Paying Agent at the times and in the amounts required to pay the interest on the Refunded Bonds as such interest comes due and the principal ofthe Refunded Bonds as the Refunded Bonds mature, all as more fully set forth in the Report. If, for any reason, at any time, the cash balances on deposit or scheduled to be on deposit in the Escrow Fund shall be insufficient to transfer the amounts required by each place of payment (paying agent) for the Refunded Bonds to make the payments set forth in Section 3.02 hereof, the Issuer shall timely deposit in the Escrow Fund, from any funds that are lawfully available therefor, additional funds in the amounts required to make such payments. Notice of any such insufficiency shall be given as promptly as practicable as hereinafter provided, but the Escrow Agent shall not in any manner be responsible for any insufficiency of funds in the Escrow Fund or the Issuer's failure to make additional deposits thereto. Section 3.04. Trust Fund. The Escrow Agent shall hold at all times the Escrow Fund, the Escrowed Securities and all other assets of the Escrow Fund, wholly segregated from all other funds and securities on deposit with the Escrow Agent; it shall never allow the Escrowed Securities or any other assets of the Escrow Fund to be commingled with any other funds or securities of the Escrow Agent; and it shall hold and dispose of the assets of the Escrow Fund only as set forth herein. The Escrowed Securities and other assets of the Escrow Fund shall always be maintained by the Escrow Agent as trust funds for the benefit of the owners of the Refunded Bonds; and a special account thereof shall at all times be maintained on the books of the Escrow Agent. The owners of the Refunded Bonds shall be entitled to the same preferred claim and first lien upon the Escrowed -4- -370- DRAFT Securities, the proceeds thereof, and all other assets of the Escrow Fund to which they are entitled as owners of the Refunded Bonds. The amounts received by the Escrow Agent under this Agreement shall not be considered as a banking deposit by the Issuer, and the Escrow Agent shall have no right to title with respect thereto except as a constructive trustee and Escrow Agent under the terms of this Agreement. The amounts received by the Escrow Agent under this Agreement shall not be subject to warrants, drafts or checks drawn by the Issuer or, except to the extent expressly herein provided, by the Paying Agent. Section 3.05. Security for Cash Balances. Cash balances from time to time on deposit in the Escrow Fund shall, to the extent not insured by the Federal Deposit Insurance Corporation or its successor, be continuously secured by a pledge of direct obligations of, or obligations unconditionally guaranteed by, the United States of America, having a market value at least equal to such cash balances. ARTICLE IV LIMITATION ON INVESTMENTS Section 4.01. Duty of Escrow Agent to Investment Funds. Except as provided in Sections 3.02, 4.02, 4.03 and 4.04 hereof, the Escrow Agent shall not have any power or duty to invest or reinvest any money held hereunder, or to-make substitutions of the Escrowed Securities, or to sell, transfer or otherwise dispose of the Escrowed Securities. Section 4.02. Reinvestment of Certain Cash Balances in Escrow by Escrow Agent. In addition to the Escrowed Securities listed in the Report, the Escrow Agent shall reinvest cash balances shown in the Report in United States Treasury Obligations - State and Local Government Series with an interest rate equal to zero percent (0 %) to the extent (i) such Treasury Obligations are available from the Department ofthe Treasury and (ii) such reinvestments are called for in the Report. All such reinvestments shall be made, if and to the extent so required, only from the portion of cash balances derived from the maturing principal of and interest on Escrowed Securities that are United States Treasury Certificates of Indebtedness, Notes or Bonds - State and Local Government Series. All such reinvestments shall be acquired on and shall mature on the dates shown on the Report. Section 4.03. Substitutions and Reinvestments. At the direction of the Issuer, the Escrow Agent shall reinvest cash balances representing receipts from the Escrowed Securities, make substitutions ofthe Escrowed Securities or redeemthe Escrowed Securities and reinvest the proceeds thereof in other Escrowed Securities or hold such proceeds as cash, together with other moneys or securities held in the Escrow Fund, provided that the Issuer delivers to the Escrow Agent the following: (1) an opinion by an independent certified public accountant that after such substitution or reinvestment the principal amount of the securities in the Escrow Fund, together with the interest thereon and other available moneys, will be sufficient to pay, without further investment or reinvestment, asthe same become due in accordance with the Report, the principal of, interest on and premium, if any, on the Refunded Bonds which have not previously been paid, and -5- -371— DRAFT (2) an unqualified opinion of nationally recognized municipal bond counsel to the effect that (a) such substitution or reinvestment will not cause the Refunded Bonds to be "arbitrage bonds" within the meaning of Section 103 of the Code or the regulations thereunder in effect on the date of such substitution or reinvestment, or otherwise make the interest on the Refunded Bonds subject to federal income taxation, and (b) such substitution or reinvestment complies with the Constitution and laws of the State of Texas and with all relevant documents relating to the issuance ofthe Refunded Bonds. The Escrow Agent shall have no responsibility or liability for loss or otherwise with respect to investments made at the direction of the Issuer. Section 4.04. Substitution for Escrowed Securities. Concurrently with the initial deposit by the Issuer with the Escrow Agent, but not thereafter, the Issuer, at its option, may substitute cash or non - interest bearing direct noncallable, non - prepayable obligations ofthe United States Treasury (i.e., Treasury obligations which mature and are payable in a stated amount on the maturity date thereof, and for which there are no payments other than the payment made on the maturity date) (the "Substitute Obligations ") for non - interest bearing Escrowed Securities, if any, but only if such Substitute Obligations (a) are in an amount, and/or mature in an amount, which is equal to or greater than the amount payable on the maturity date of the obligation listed in the Report for which such Substitute Obligation is substituted, (b) mature on or before the maturity date of the obligation listed in the Report for which such Substitute Obligation is substituted, and (c) produce the amount necessary to pay the interest on and principal of the Refunded Bonds, as set forth in the Report, as verified by a certified public accountant or a firm of certified public accountants. If, concurrently with the initial deposit by the Issuer with the Escrow Agent, any such Substitute Obligations are so substituted for any Escrowed Securities, the Issuer may, at any time thereafter, substitute for such Substitute Obligations the same Escrowed Securities for which such Substitute Obligations originally were substituted. Section 4.05. Arbitrage. The Issuer hereby covenants and agrees that it shall never request the Escrow Agent to exercise any power hereunder or permit any part of the money in the Escrow Fund or proceeds from the sale of Escrowed Securities to be used directly or indirectly to acquire any securities or obligations if the exercise of such power or the acquisition of such securities or obligations would cause any of the Refunding Bonds or the Refunded Bonds to be an "arbitrage bond" within the meaning of the Code. -6- -372- DRAFT ARTICLE V APPLICATION OF CASH BALANCES Except as provided in Sections 3.01, 3.02, 4.02, 4.03 and 4.04 hereof, no withdrawals, transfers, or reinvestment shall be made of cash balances in the Escrow Fund. ARTICLE VI RECORDS AND REPORTS Section 6.01. Records. The Escrow Agent will keep books of record and account in which complete and correct entries shall be made of all transactions relating to the receipts, disbursements, allocations and application of the money and Escrowed Securities deposited to the Escrow Fund and all proceeds thereof, and such books shall be available for inspection at reasonable hours and under reasonable conditions by the Issuer and the owners of the Refunded Bonds. Section 6.02. Reports. While this Agreement remains in effect, the Escrow Agent annually shall prepare and send to the Issuer a written report summarizing all transactions relating to the Escrow Fund during the preceding year, including, without limitation, credits to the Escrow Fund as a result of interest payments on or maturities of the Escrowed Securities and transfers from the Escrow Fund for payments on the Refunded Bonds or otherwise, together with a detailed statement of all Escrowed Securities and the cash balance on deposit in the Escrow Fund as of the end of such period. ARTICLE VII CONCERNING THE PAYING AGENTS AND ESCROW AGENT Section 7.01. Representations. The Escrow Agent hereby represents that it is the duly acting Paying Agent for the Refunded Bonds, that it has all necessary power and authority to enter into this Agreement and undertake the obligations and responsibilities imposed upon it herein, and that it will carry out all of its obligations hereunder. Section 7.02. Limitation on Liability. The liability of the Escrow Agent to transfer funds for the payment of the principal of and interest on the Refunded Bonds shall be limited to the proceeds of the Escrowed Securities and the cash balances from time to time on deposit in the Escrow Fund. Notwithstanding any provision contained herein to the contrary, neither the Escrow Agent nor the Paying Agent shall have any liability whatsoever for the insufficiency of funds from time to time in the Escrow Fund or any failure of the obligors of the Escrowed Securities to make timely payment thereon, except for the obligation to notify the Issuer as promptly as practicable of any such occurrence. -7- -373- .S DRAFT The recitals herein and in the proceedings authorizing the Refunding Bonds shall be taken as the statements of the Issuer and shall not be considered as made by, or imposing any obligation or liability upon, the Escrow Agent. The Escrow Agent is not a party to the proceedings authorizing the Refunding Bonds or the Refunded Bonds and is not responsible for nor bound by any of the provisions thereof (except as a place of payment and paying agent and/or a Paying Agent/Registrar therefor). In its capacity as Escrow Agent, it is agreed that the Escrow Agent need look only to the terms and provisions of this Agreement. The Escrow Agent makes no representations as to the value, conditions or sufficiency of the Escrow Fund, or any part thereof, or as to the title of the Issuer thereto, or as to the security afforded thereby or hereby, and the Escrow Agent shall not incur any liability or responsibility in respect to any of such matters. It is the intention of the parties hereto that the Escrow Agent shall never be required to use or advance its own funds or otherwise incur personal financial liability in the performance of any of its duties or the exercise of any of its rights and powers hereunder. The Escrow Agent shall not be liable for any action taken or neglected to be taken by it in good faith in any exercise of reasonable care and believed by it to be within the discretion or power conferred upon it by this Agreement, nor shall the Escrow Agent be responsible for the consequences of any error of judgment; and the Escrow Agent shall not be answerable except for its own action, neglect or default, nor for any loss unless the same shall have been through its negligence or willful misconduct. Unless it is specifically otherwise provided herein, the Escrow Agent has no duty to determine or inquire into the happening or occurrence of any event or contingency or the performance or failure of performance of the Issuer. with respect to arrangements or contracts with others, with the Escrow Agent's sole duty hereunder being to safeguard the Escrow Fund, to dispose of and deliver the same in accordance with this Agreement. If, however, the Escrow Agent is called upon by the terms of this Agreement to determine the occurrence of any event or contingency, the Escrow Agent shall be obli- gated, in making such determination, only to exercise reasonable care and diligence, and in event of error in making such determination the Escrow Agent shall be liable only for its own willful misconduct or its negligence. In determining the occurrence of any such event or contingency the Escrow Agent may request from the Issuer or any other person such reasonable additional evidence as the Escrow Agent in its discretion may deem necessary to determine any fact relating to the occurrence of such event or contingency, and in this connection may make inquiries of, and consult with, among others, the Issuer at any time. Section 7.03. Compensation. (a) Concurrently with the sale and delivery of the Refunding Bonds, the Issuer shall pay to the Escrow Agent, as a fee for performing the services hereunder and for all expenses incurred or to be incurred by the Escrow Agent in the administration of this Agreement, and for all future paying agency services as Paying Agent for the Refunded Bonds, the sum of $ , the sufficiency of which is hereby acknowledged by the Escrow Agent. In the event -8- —374— DRAFT that the Escrow Agent is requested to perform any extraordinary services hereunder, the Issuer hereby agrees to pay reasonable fees to the Escrow Agent for such extraordinary services and to re- imburse the Escrow Agent for all expenses incurred by the Escrow Agent in performing such extra- ordinary services, and the Escrow Agent hereby agrees to look only to the Issuer for the payment of such fees and reimbursement of such expenses. The Escrow Agent hereby agrees that in no event shall it ever assert any claim or lien against the Escrow Fund for any fees for its services, whether regular or extraordinary, as Escrow Agent, or in any other capacity, or for reimbursement for any of its expenses. (b) Upon receipt ofthe aforesaid specific sums stated in subsection (a) ofthis Section 7.03 for Escrow Agent and paying agency fees, expenses, and services, the Escrow Agent shall acknowl- edge such receipt to the Issuer in writing. Section 7.04. Successor Escrow Agents. If at any time the Escrow Agent or its legal successor or successors should become unable, through operation or law or otherwise, to act as escrow agent hereunder, or if its property and affairs shall be taken under the control of any state or federal court or administrative body because of insolvency or bankruptcy or for any other reason, a vacancy shall forthwith exist in the office of Escrow Agent hereunder. In such event the Issuer, by appropriate action, promptly shall appoint an Escrow Agent to fill such vacancy. If no successor Escrow Agent shall have been appointed by the Issuer within 60 days, a successor may be appointed by the owners of a majority in principal amount of the Refunded Bonds then outstanding by an instrument or instruments in writing filed with the Issuer, signed by such owners or by their duly authorized attorneys -in -fact. If, in a proper case, no appointment of a successor Escrow Agent shall be made pursuant to the foregoing provisions of this section within three months after a vacancy shall have occurred, the owner of any Refunded Bond may apply to any court of competent jurisdiction to appoint a successor Escrow Agent. Such court may thereupon, after such notice, if any, as it may deem proper, prescribe and appoint a successor Escrow Agent. Any successor Escrow Agent shall be a corporation organized and doing business under the laws of the United States or the State of Texas, authorized under such laws to exercise corporate trust powers, authorized under Texas law to act as an escrow agent, having its principal office and place of business in the State of Texas, having a combined capital and surplus of at least $50,000,000 and subject to the supervision or examination by Federal or State authority. Any successor Escrow Agent shall execute, acknowledge and deliver to the Issuer and the Escrow Agent an instrument accepting such appointment hereunder, and the Escrow Agent shall execute and deliver an instrument transferring to such successor Escrow Agent, subject to the terms afthis Agreement, all the rights, powers and trusts ofthe Escrow Agent hereunder. Upon the request of any such successor Escrow Agent, the Issuer shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor Escrow Agent all such rights, powers and duties. -9- -375- • DRAFT The Escrow Agent at the time acting hereunder may at any time resign and be discharged from the trust hereby created by giving not less than sixty (60) days' written notice to the Issuer and publishing notice thereof, specifying the date when such resignation will take effect, in a newspaper printed in the English language and with general circulation in New York, New York, such publication to be made once at least three (3) weeks prior to the date when the resignation is to take effect. No such resignation shall take effect unless a successor Escrow Agent shall have been appointed by the owners of the Refunded Bonds or by the Issuer as herein provided and such successor Escrow Agent shall be a paying agent for the Refunded Bonds and shall have accepted such appointment, in which event such resignation shall take effect immediately upon the appointment and acceptance of a successor Escrow Agent. Under any circumstances, the Escrow Agent shall pay over to its successor Escrow Agent proportional parts of the Escrow Agent's fee and, if applicable, its Paying Agent's fee hereunder. ARTICLE VIII MISCELLANEOUS Section 8.01. Notice. Any notice, authorization, request, or demand required or permitted to be given hereunder shall be in writing and shall be deemed to have been duly given when mailed by registered or certified nail, postage prepaid addressed to the Issuer or the Escrow Agent at the address shown on Exhibit "A" attached hereto. The United States Post Office registered or certified mail receipt showing delivery of the aforesaid shall be conclusive evidence of the date and fact of delivery. Any party hereto may change the address to which notices are to be delivered by giving to the other parties not less than ten (10) days prior notice thereof. Prior written notice of any amendment to this Agreement contemplated pursuant to Section 8.08 and immediate written notice of any incidence of a severance pursuant to Section 8.04 shall be sent to Standard & Poor's Corporation, Attn: Municipal Bond Department, 25 Broadway, New York, New York 10004. Section 8.02. Termination ofResponsibilities. Upon the taking of all the actions as described herein by the Escrow Agent, the Escrow Agent shall have no further obligations or responsibilities hereunder to the Issuer, the owners of the Refunded Bonds or to any other person or persons in connection with this Agreement. Section 8.03. Binding Agreement. This Agreement shall be binding upon the Issuer and the Escrow Agent and their respective successors and legal representatives, and shall inure solely to the benefit of the owners of the Refunded Bonds, the Issuer, the Escrow Agent and their respective successors and legal representatives. Section 8.04. Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this Agreement, but -10- -376- DRAFT this Agreement shall be construed as if such invalid or illegal or unenforceable provision had never been contained herein. Section 8.05. Texas Law Governs. This Agreement shall be governed exclusively by the provisions hereof and by the applicable laws of the State of Texas. Section 8.06. Time of the Essence. Time shall be of the essence in the performance of obligations from time to time imposed upon the Escrow Agent by this Agreement. Section 8.07. Effective Date of Agreement. This Agreement shall be effective upon receipt by the Escrow Agent of the funds described in the Report and the Escrowed Securities, together with the specific sums stated in subsection (a) of Section 7.03 for Escrow Agent and paying agency fees, expenses, and services. Section 8.08. Amendments. This Agreement shall not be amended except to cure any ambiguity or formal defect or omission in this Agreement. No amendment shall be effective unless the same shall be in writing and signed by the parties thereto. No such amendment shall adversely affect the rights of the holders of the Refunded Bonds. Section 8.09. Counterparts. This Agreement maybe executed in any number of counterparts, ' each of which shall be regarded as an original and all of which shall constitute one and the same instrument. [EXECUTION PAGE FOLLOWS] —377— EXECUTED as of the date first written above. Attest: Secretary NORTH PADRE ISLAND DEVELOPMENT CORPORATION Corpus Christi, Texas By Title: By Title Executive Director [ISSUER SEAL] THE BANK OF NEW YORK TRUST COMPANY, N.A. DRAFT • INDEX TO EXHIBITS Exhibit "A" Addresses of the Issuer and the Escrow Agent Exhibit "B" Verification Report of Grant Thornton LLP -379- (DRAFT EXHIBIT "A" ADDRESSES OF THE ISSUER AND ESCROW AGENT ISSUER North Padre Island Development Corporation 1201 Leopard Corpus Christi, Texas 78401 Attention: Executive Director ESCROW AGENT The Bank of New York Trust Company, National Association 2001 Bryan Street, 8th Floor Dallas, Texas 75201 Attention: Corporate Trust Operations 11 DRAFT I EXHIBIT "B" VERIFICATION REPORT OF GRANT THORNTON LLP -381- CITY COUNCIL AGENDA MEMORANDUM February 26, 2008 AGENDA ITEM: Resolution approving the resolution by the North Padre Island Development Corporation authorizing the issuance of Refunding Bonds. ISSUE: The City of Corpus Christi and the North Padre Island Development Corporation have authorized and issued through bond indentures of $12,000,000 in bonds to fund the Packery Channel project. These bonds were issued with interest rates ranging from 7.25% to 7.50 %. It has been determined that it is desirable to issue bonds for the purpose of refunding all of the outstanding bonds to achieve a net present value savings of over 10 %, and to allow for the reduction of the reserve requirement, previously mandated in the original bond indenture. REQUIRED COUNCIL ACTION: Approval of the resolution is required. PREVIOUS COUNCIL ACTION: • On October 1, 2002, City Council approved the formation of the North Padre Island Development Corporation and approved its articles of incorporation. • On December 17, 2002, City Council approved a resolution authorizing the issuance of North Padre Island Development Corporation Tax Increment Contract Revenue Bonds, Series 2002, in an aggregate principal amount not to exceed $3,000,000. The first series of bonds (Series 2003 Bonds) were subsequently issued in April 2003 in the amount of $2,500,000. • On November 11, 2003, City Council approved a resolution authorizing the issuance of North Padre Island Development Corporation Tax Increment Contract Revenue Bonds, Series 2003A Bonds in an aggregate principal amount not to exceed $2,500,000. • On July 14, 2004, City Council approved a resolution authorizing the issuance of North Padre Island Development Corporation Tax Increment Contract Revenue Bonds, Series 2004, in an aggregate principal amount not to exceed $4,500,000. Subsequently in September 2004, $4,100,000 in bonds was issued. • On September 13, 2005, City Council approved a resolution expressing official intent to reimburse costs of the Packery Channel Improvement Project in the amount of $500,000. • On January 24, 2006, City Council approved a resolution expressing official intent to reimburse costs of the Packery Channel Improvement Project in the amount of $400,000. • On April 25, 2006, City Council approved a resolution expressing. official intent to reimburse costs of Packery Channel Improvement Projects. • On May 30, 2006, City Council approved a resolution authorizing the issuance of North Padre Island Development Corporation Tax Increment Contract Revenue Bonds, Series 2006, in the aggregate principal amount not to exceed $2,900,000. FUNDING: Bonds to fund the Packery Channel project will be payable solely from the Tax Increment Fund, Reinvestment Zone No. 2, and not from other city revenues. RECOMMENDATION: City Staff recommends the approval of the resolution by the North Padre Island Development Corporation authorizing the issuance of Series 2008 Refunding Bonds in an aggregate principal amount not to exceed $1 3,500,000. C � Cindy O'Brieti Director of Financial Services Attachments: Resolution Resolution submitted to the North Padre Island Development Corporation RESOLUTION APPROVING THE RESOLUTION BY THE NORTH PADRE ISLAND DEVELOPMENT CORPORATION AUTHORIZING THE ISSUANCE OF REFUNDING BONDS. WHEREAS, North Padre Island Development Corporation (the "Corporation ") was created under the auspices of the City of Corpus Christi, Texas (the "City "); and WHEREAS, the Corporation was created in part for the purpose of assisting the Reinvestment Zone Number Two, City of Corpus Christi, Texas (the "Zone ") in implementing the "Project and Financing Plan" with respect to the economic development of property within the Zone; and WHEREAS, the Corporation by resolution adopted February 26, 2008 authorized the issuance of the hereinafter described refunding bonds for the purpose of achieving a net present value savings, as further described in said resolution; and WHEREAS, it is deemed necessary and advisable that this Resolution be adopted. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI THAT: SECTION 1. The resolution (the "Resolution ") adopted by the Corporation, in substantially the form and substance as attached to this Resolution and made a part hereof for all purposes, is hereby approved, and tax increment contract revenue bonds in a principal amount not to exceed $13,600,000 (the "Bonds "), may be issued for the purpose of refunding all of the Refunded Bonds (as defined in the Resolution; and said Resolution and Bonds. SECTION 2. This Resolution shall be effective immediately from and after its passage. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor APPROVED AS T FORM: -Feb-08 Veronica Ocanas Assistant City Attorney for City Attorney Corpus Christi, Texas of , 2008 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla Leal John E. Marez Nelda Martinez Michael McCutchon CERTIFICATE FOR RESOLUTION THE STATE OF TEXAS COUNTIES OF NUECES AND SAN PATRICIO CITY OF CORPUS CHRISTI 1, the undersigned City Secretary of the City of Corpus Christi, Texas (the "City "), hereby certify as follows: 1. The City Council of the City convened in REGULAR MEETING ON THE 26TH DAY OF FEBRUARY, 2008, at the City Hall, and the roll was called of the duly constituted officers and members of the City Council, to -wit: Henry Garrett Mike Hummel!, Melody Cooper, Nelda Martinez, Bill Kelly, John Marez, Priscilla Leal, Michael McCutchon, Larry Elizondo, Sr. George K. Noe, Mary Kay Fischer, Cindy O'Brien, Armando Chapa, Mayor Council members City Manager, City Attorney, Director of Financial Services, City Secretary and all of said persons were present, except the following absentees: , thus constituting a quorum. Whereupon, among other business, the following was transacted at said Meeting: a written RESOLUTION APPROVING THE RESOLUTION BY THE NORTH PADRE ISLAND DEVELOPMENT CORPORATION AUTHORIZING THE ISSUANCE OF REFUNDING BONDS was duly introduced for the consideration of the City Council and read in full. It was then duly moved and seconded that said Resolution be passed; and, after due discussion, said motion carrying with it the passage of said Resolution, prevailed and carried by the following vote: AYES: NOES: ABSTAIN: 2. That a true, full and correct copy of the aforesaid Resolution passed at the Meeting described in the above and foregoing paragraph is attached to and follows this Certificate; that said Resolution has been duly recorded in the City Council's minutes of said Meeting; that the above and foregoing paragraph is a true, full and correct excerpt from the City Council's minutes of said Meeting pertaining to the passage of said Resolution; that the persons named in the above and foregoing the dul chosen, qualified and acting officers and members of te City Council aseind cated therein; that each of the officers and members of the City Council was duly and sufficiently notified officially and personally, in advance, of the time, place and purpose of the aforesaid Meeting, and that said Resolution would be introduced and considered for passage at said Meeting, and each of said officers and members consented, in advance, to the holding of said Meeting for such purpose, and that said Meeting was open to the public and public notice of the time, place and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code. SIGNED AND SEALED the 26th day of February, 2008. Armando Chapa City Secretary SEAL AGENDA MEMORANDUM February 26, 2008 SUBJECT: Packery Channel Monitoring — 2008 -2009 (Project No. 5228) AGENDA ITEM: A. Ordinance Appropriating $241 ,487.00 of Unappropriated Fund Balance in the Reinvestment Zone No. 2 Fund 1111 for Packery Channel Monitoring for 2008 -2009; Changing The FY2007 -2008 Operating Budget Adopted by Ordinance No. 027352 to increase Appropriations by $241,487.00; and declaring an emergency. B. Motion authorizing the City Manager, or his designee, to execute a contract between the City and Texas A &M University — Corpus Christi not to exceed $241,487.00 for Packery Channel Quarterly Monitoring for 2008 -2009. ISSUE: Continued monitoring of the Packery Channel: • is a requirement of the agreement between the City of Corpus Christi of U.S. Corps of Engineers; • is necessary to document the natural forces influencing the channel; and • will allow the City to more clearly understand the dynamics of the channel, project maintenance needs, and manage Trust Fund proceeds. FUNDING: Funding is available from the FY2007 -2008 Operating Budget upon appropriation. RECOMMENDATION: Approval of the ordinance and motion as presented. K in R. Stowers Interim Director - Engineering Services d 2/7/ 749 41. ..3//90 Sall Gavlik / Y Director of Parks and Recreation ADDITIONAL INFORMATION Exhibit A. Background Information Exhibit B. Contract Summary CIDOCUME- 11rebeccahll ..00ALS '—1 \Temp1DNRAwdMemo.dd9 33_ ADDITIONAL INFORMATION SUBJECT: Packery Channel Monitoring — Project No. 5228 CONTRACT: The new contract provided for enhance monitoring of Packery Channel for a twelve (12) month period. The contract will increase the data being collected by the Division of Nearshore Research for the U.S. Corps of Engineers. The additional monitoring will cover areas not being currently monitored that are deemed important to the understanding the Packery Channel dynamics. A contract summary is attached. See Exhibit B. BACKGROUND: Packery Channel is a U.S. Corps of Engineer project with City of Corpus Christi participation. The Division of Nearshore Research of Texas A &M University made a presentation to Council on January 8, 2008 titled "Packery Channel Status 2007 - Results from a Monitoring Program ". That study recommended to continue: • Hydrograph Monitoring (quarterly); • Beach Profile and Shoreline Position Surveys (quarterly); and • Monitoring of Water Current Speed in the Channel. PRIOR COUNCIL ACTIONS: City Council actions have been numerous concerning the Packery Channel Project; however, several of the major actions are as follows: • March 2000 — The City becomes local sponsor. • April 7, 2001 - City Council places tax - incremental financing issue on the ballot and the voters approve creation of a tax - incremental financing district. • February 14, 2003 -- City Council and the Texas General Land Office approve a Project Cooperation Agreement that provides a grant of $1,275,000 to the City for the project. • April 13, 2004 — Resolution of the City Council of the City of Corpus Christi authorizing an application to the Texas Parks and Wildlife Department for assistance in funding a boat launching facility on Packery Channel, declaring the City eligible for such assistance, authorizing the City to be the local sponsor of the project, and directing and authorizing the City Manager to file the application and to execute all documents pertaining thereto. (Resolution No. 025701) • July 20, 2004 - Motion authorizing the City Manager, or his designee, to execute Ratification of Amendment No 1 to the Contract for Professional Services with URS Corporation of Houston, Texas in the amount of $15,239.20, for a total restated fee of $40,161.64, for the Packery Channel Boat Ramp Project. (Motion No. 2004 -267) • March 8, 2005: A. Motion authorizing the City Manager or his designee to accept a Texas Parks and Wildlife Department Grant in the amount of $500,000 for the Packery Channel Boat Ramp and execute grant acceptance documents. (Motion No. 2005 -082) B. Ordinance appropriating $500,000 from a Texas Parks and Wildlife Department C:ID000ME --1 IREBECCAHILOCALS -1 \TEMPIDNRAWDBKGEXHA.DOC —394— EXHIBIT A Page 1 of 2 grant into the Marina Grant Fund No. 1058 for the Packery Channel Boat Ramp; amending the Capital Budget adopted by Ordinance No. 025647 by increasing appropriations by $500,000. (Ordinance No. 026165) C. Motion authorizing the City Manager, or his designee, to increase the escrow with the U.S. Army Corps of Engineers in the amount of $508,000 for the Packery Channel Project for the construction of the Packery Channel Boat Ramp. (Motion No. 2005 -083) RECOMMENDATION: Approval of the motion as presented. C:IDOC UME- -1 IREBECCAHILOCALS -11TEM P\D NRAW DBKGEXHA. DOG —395— EXHIBIT A Page 2 of 2 CONTRACT SUMMARY PACKERY CHANNEL QUARTERLY MONITORING PROJECT The City of Corpus Christi, Texas, hereinafter called "City ", and the Division of Nearshore Research (DNR) at Texas A &M University - Corpus Christi, hereinafter called "DNR @, hereby agree as follows: SERVICES TO BE PERFORMED DNR hereby agrees to perform all consulting services necessary to monitor, perform, complete, and report the results of a comprehensive study of morphology and changes and current velocity at Packery Channel. II. SCOPE OF SERVICES DNR's services will be those necessary to provide the monitoring required deliver an annual written report and presentation of the observations and results of the monitoring program that took place during the term of this contract including the: • collection of bathymetric data in Packery Channel and the surrounding nearshore area; and • measurement of elevation along the adjacent beach (shoreline position). DNR will complete the tasks set forth by Section I I.A as set forth in the research proposal attached as Exhibit A. A. TASKS DNR will complete the following tasks: Year 1- modified scope. Task 1. Project Management and Interpretation of Aerial Photography 1 -1. Project Management, analysis, data archive. Cost to City: $35,540 1 -2. Aerial Photography Description: Annual rectified aerial photographs of Packery Channel region including the entire channel from the GIWW to the Gulf of Mexico (GOM) and including North Padre Island and Mustang Island from the south end of the seawall to Newport Pass. Two additional aerial photographs of the channel will be taken covering the region from the GIWW to Padre Island to focus an seasonal changes in shallow tidal flats and Mollie Beattie. Purpose: For interpretation of large -scale changes in vegetation, dune line, inter -tidal regions adjacent to the inland section of the channel as well as along Padre and Mustang Island. In addition the aerials are appropriate for visuals and explanation aids to residents and laypersons. Schedule: Annual (August/September) pending weather and time of focus sets to be determined. Cost to City: $27,361 Task 2. Measurement of Morphologic change in PC Channel and along Mustang and Padre Island. 2 -1. Beach Profile surveys Description: The beach profile survey provides information on changes occurring at 18 specified locations from the Nueces Kleberg County Line to north of Fish Pass. There are historic data for these locations since 1995. Elevations measurements are collected along transects that initiate landward of the dune or other landward limiting feature (seawall) and extend offshore up to one mile into the GOM. Purpose: to document changes in features such as the beach berm, sand bars and dune toe. The data are applied to calculate volumetric change, the calculation of sand loss or gain on the beach. Schedule: One annual survey conducted during August 2008. Cost to City: $26,033 2 -2. Shoreline Position surveys Description: Elevation data are collected by RTK GPS along the beach from close to the dune toe to the water line. Elevations are measured by driving a vehicle along a meandering path from dune to water line. Exhibit B Page 1 of 4 C :IDOCUME- 11rebeccah\ LOCALS- 11Temp1DNRAwdSumExhB99 6 _ Line spacing is on the order of 50 ft and spacing between the data points is on the order of 10 ft. The beach is surveyed from south of the Nueces Kleberg County Line to north of Fish Pass. Purpose: These surveys are an efficient and low -cost way to measure change in elevation across the beach over great distances. Within a few days, a large section of the beach can be measured to determine changes in shoreline position from which regions of beach erosion and accretion can be determined and potential "hot spots" can be identified. Schedule: Seasonal surveys conducted in February, May, August and December. The February 2008 survey is not included in this contract as it presently funded. Cost to City: $15,780 (Estimated Corps contribution $4,656) 2 -3. Bathymetric surveys Description: These surveys combine single -beam and multi -beam sonar coverage to provide high resolution of features more economically. The channel from the GIWW to the GOM will be conducted with multi -beam to ensure identification of bank -to -bank features such as shoals, scour holes and sand bars. The region immediately offshore of the mouth (area of seasonal scour and shoaling will be surveyed with multi -beam while the remaining nearshore survey will combine single -beam sonar and sled technology to provide complete coverage of the shallow nearshore bar features. The region that will be covered by the survey is shown in Figure 1. Purpose: to define features such as shoals (areas of deposition) and scour (areas of erosion) in the channel and nearshore. Schedule: Four surveys scheduled to define the peak of seasonal change. The surveys would be conducted during the last two weeks of the following months; February (Winter), May (Spring), August (Summer) and December (Fail). Note: The February 2008 survey is presently scheduled and sponsored as a single beam survey by the Corps. In addition, the Corps will sponsor multi -beam bathymetric surveys that will be conducted during May and August 2008. Therefore, the four surveys to be conducted during this contract period would begin during December 2008 and conclude in December 2009. Note: Current monitoring Primary Station (PC138 existing station) Status: presently funded for 2008 by the Corps. Cost to City: $60,827 2 -4. Inland Waterway and Mollie Beattie Focus Study Description: Measure elevation along transects (survey lines) roughly perpendicular to channel orientation starting at the location of mean higher high water (MHHW) shoreline position along the south shore and then extending across the channel to the location of MHHW shoreline position or until a limiting feature (such as coverage of a raised placement area) is defined. Measure the MHHW shoreline position along the south shore of Packery Channel from the HWY 361 Bridge to the Relief Channel west of the dog leg. The location of each transect shown in Figure 2 was selected to define changes that are occurring in regions were selected based upon the following criteria; change in channel orientation, indication of shoreline or bank erosion, previously existing transect data. In addition, transects were located such to define change in channel boundary features such as raised placement areas and wash over channels. Purpose: The surveys will define inland waterway channel boundary change and determine locations of scour and shoaling. Comparison of aerial surveys and seasonal survey data will assist in understanding changes along the channel boundary adjacent to the Mollie Beattie Habitat Community tidal flats. Additional areas of interest are the south shoreline along the residential community across from Mollie Beattie, Packery Channel Park shoreline and the presently undeveloped region along the dog leg. Schedule: Four surveys scheduled to define the peak of seasonal change. The surveys would be conducted during following months; February (Winter), May (Spring), August (Summer) and December (Fall). Cost to City: $51,914 Exhibit B Page 2 of 4 C:1D000ME--11rebeccah\ LOCALS- 11Temp1DNRAwdSumExhB.c13 7_ 2 -5. Channel Basin Revetment Surveys Description: Changes in elevation will be measured along the north shoreline of the Packery Channel basin to include the ve• etation line to -5 ft mean sea level or offshore extent such that the data set overlaps with Figure 2. Transect position along inland waterway of Packery Channel (approximate). Exhibit B Page 3 of 4 C:\DOCUME- 1\rebeccah \LOCALS- 11Temp1DNRAwdSumExh$, 8- the channel hydrographic data. Transects will be spaced at 10- to 40 -ft intervals and the survey will extend from 100 ft east of the basin along the entrance channel westward to terminate at the intersection of the entrance road. Transects will be measured perpendicular to channel orientation. The boat ramps will be included in the survey. Purpose: to define changes in elevation of the north bank and revetment along the channel basin. These data will assist in identifying potential areas of scour and shoaling. This focus survey was added to provide insight into January 2007 revetment failure near the boat dock. Schedule: Four surveys will be scheduled to define the peak of seasonal change and correspond with the channel hydrographic surveys. The surveys would be conducted during following months; February (Winter), May (Spring), August (Summer) and December (Fall). Cost to City: $24,030 Total Cost: $ 241,487 Deliverables: ASCII data sets (x,y,z) NAVD88 State Plane south Zone FIPS 4205 Online posting of current velocity for two new stations Email status report (monthly) Status Reports (Bi- annually) Collaboritive Monitoring DNR will provide data to support those research efforts currently being done by the U.S. Corps of Engineers and the City. B. RESEARCH PLAN AND METHODS The specific research plan and methods are set forth in the Research Contract Proposal incorporated as Exhibit A of this contract. C. ORDER OF SERVICES The monitoring period will be for 12 months. III. FEES AUTHORIZED The City will pay DNR a fixed fee not to exceed $241,487.00 for providing all services for during the contract term (12 months). Exhibit B Page 4 of 4 C: IDOCUME- 11rebeccah1LOCALS -- 11Temp1DNRAwdSurnExhan 9- Packery Channel Quarterly Monitoring Proposal of Work Effort and Cost Estimate 2008/2009 Revised February 7, 2008 Submitted to: The City of Corpus Christi Submitted by: Deidre D. Williams Division of Nearshore Research The Conrad Blucher Institute for Surveying and Science TAMUCC Purpose: The monitoring effort described in this proposal is a continuation of a comprehensive study of morphology and changes and current velocity at Packery Channel that began in 2003 under sponsorship of the U.S. Army Corps of Engineers, Galveston District. The monitoring has been led by the Division of Nearshore Research at Texas A &M University Corpus Christi. The monitoring program includes the collection of bathymetric data in Packery Channel and the surrounding nearshore, measurement of elevation along the adjacent beach (shoreline position), and measurement of water current velocity in Packery Channel. Seasonal survey data collected since August 2006 indicate that sediment transport in Packery Channel is seasonally driven, in large part by fluctuations in current velocity. For example, sand shoaling is observed at the end of the summer period with associated winds directed out of the SE and currents following the tidal signal. Scour and channel flushing during strong periods of ebb flow, enhanced by frontal systems pushing off the coast from the NW, is observed during the winter months with reduced shoaling typically observed by December. Therefore seasonal monitoring is necessary to provide timely updates to the City on changes in shoaling and scour and to avoid mistakes in planning based on greatly varying depth change at Packery Channel. The analysis of these data will assist in determining the location and extent of existing regions of channel shoaling and scour as well as areas with potential for erosion and deposition in the future. Monitoring will support proactive management of Packery Channel as well as the surrounding nearshore and adjacent beaches along Mustang Island and North Padre Island. This proposal describes all components of the existing monitoring project that is partially funded through August 2008. The Corps may continue to fund individual tasks as funding is identified, but the amount and timing of funding is variable and limited by Congressional approval each year. Presently, the February 2008 bathymetric and shoreline position surveys are funded by the Corps Galveston District and the Corps' Coastal Inlets Research Program (CIRP) (a national program). Monitoring at the primary C:1DOCUMIE - 11rebeccah\ LOCALS- 11Temp1DNRContra 0ExhA.doc Exhibit A Page 1 of 7 current station (PC138), GIWW (JFK) and at a temporary station are funded by the Corps. Therefore the contract year related to this proposal would initiate in May 2008 and continue through May 2009 with an option for a second year at the total project cost (Corps /CIRP and City contributions for 2008). Funding of individual tasks would be re- evaluated in January 2009 with recommendations presented to the City. Year 1- modified scope with joint sponsorship during 2008 noted. Task 1. Project Management and Interpretation of Aerial Photography 1 -1. Project Management, analysis, data archive. Cost to City: $35,540 ($9,557 Estimated Corps contribution) 1 -2. Aerial Photography Description: Annual rectified aerial photographs of Packery Channel region including the entire channel from the GIWW to the Gulf of Mexico (GOM) and including North Padre Island and Mustang Island from the south end of the seawall to Newport Pass. Two additional aerial photographs of the channel will be taken covering the region from the GIWW to Padre Island to focus on seasonal changes in shallow tidal flats and Mollie Beattie. Purpose: For interpretation of large -scale changes in vegetation, dune line, inter -tidal regions adjacent to the inland section of the channel as well as along Padre and Mustang Island. In addition the aerials are appropriate for visuals and explanation aids to residents and laypersons. Schedule: Annual (August/September) pending weather and time of focus sets to be determined. Cost to City: $27,361 Task 2. Measurement of Morphologic change in PC Channel and along Mustang and Padre Island. 2 -1. Beach Profile surveys Description: The beach profile survey provides information on changes occurring at 18 specified locations from the Nueces Kleberg County Line to north of Fish Pass. There are historic data for these locations since 1995. Elevations measurements are collected along transects that initiate landward of the dune or other landward limiting feature (seawall) and extend offshore up to one mile into the GOM. Purpose: to document changes in features such as the beach berm, sand bars and dune toe. The data are applied to calculate volumetric change, the calculation of sand loss or gain on the beach. Schedule: One annual survey conducted during August 2008. Cost to City: $26,033 -4 &1- 2 -2. Shoreline Position surveys Description: Elevation data are collected by RTK GPS along the beach from close to the dune toe to the water line. Elevations are measured by driving a vehicle along a meandering path from dune to water line. Line spacing is on the order of 50 ft and spacing between the data points is on the order of 10 ft. The beach is surveyed from south of the Nueces Kleberg County Line to north of Fish Pass. Purpose: These surveys are an efficient and low -cost way to measure change in elevation across the beach over great distances. Within a few days, a large section of the beach can be measured to determine changes in shoreline position from which regions of beach erosion and accretion can be determined and potential "hot spots" can be identified. Schedule: Seasonal surveys conducted in February, May, August and December. The February 2008 survey is not included in this contract as it presently funded. Cost to City: $15,780 (Estimated Corps contribution $4,656) 2 -3. Bathymetric surveys Description: These surveys combine single -beam and multi -beam sonar coverage to provide high resolution of features more economically. The channel from the GIWW to the GOM will be conducted with multi -beam to ensure identification of bank -to -bank features such as shoals, scour holes and sand bars. The region immediately offshore of the mouth (area of seasonal scour and shoaling will be surveyed with multi -beam while the remaining nearshore survey will combine single -beam sonar and sled technology to provide complete coverage of the shallow nearshore bar features. The region that will be covered by the survey is shown in Figure 1. Purpose: to define features such as shoals (areas of deposition) and scour (areas of erosion) in the channel and nearshore. Schedule: Four surveys scheduled to define the peak of seasonal change. The surveys would be conducted during the last two weeks of the following months; February (Winter), May (Spring), August (Summer) and December (Fall). Note: The February 2008 survey is presently scheduled and sponsored as a single beam survey by the Corps. In addition, the Corps will sponsor multi -beam bathymetric surveys that will be conducted during May and August 2008. Therefore, the four surveys to be conducted during this contract period would begin during December 2008 and conclude in December 2009. Note: Current monitoring Primary Station (PC138 existing station) Status: presently funded for 2008 by the Corps. Cost to City: $60,827 (Estimated Corps contribution $59,112) 2 -4. Inland Waterway and Mollie Beattie Focus Study Description: Measure elevation along transects (survey lines) roughly perpendicular to channel orientation starting at the location of mean higher high water (MHHW) shoreline position along the south shore and then extending across the channel to the location of —4a2— Figure 1. Extent of bathymetric survey coverage. MHHW shoreline position or until a limiting feature (such as coverage of a raised placement area) is defined. Measure the MHHW shoreline position along the south shore of Packery Channel from the HWY 361 Bridge to the Relief Channel west of the dog leg. The location of each transect shown in Figure 2 was selected to define changes that are occurring in regions were selected based upon the following criteria; change in channel orientation, indication of shoreline or bank erosion, previously existing transect data. In addition, transects were located such to define change in channel boundary features such as raised placement areas and wash over channels. Purpose: The surveys will define inland waterway channel boundary change and determine locations of scour and shoaling. Comparison of aerial surveys and seasonal survey data will assist in understanding changes along the channel boundary adjacent to the Mollie Beattie Habitat Community tidal flats. Additional areas of interest are the south shoreline along the residential community across from Mollie Beattie, Packery Channel Park shoreline and the presently undeveloped region along the dog leg. Schedule: Four surveys scheduled to define the peak of seasonal change. The surveys would be conducted during following months; February (Winter), May (Spring), August (Summer) and December (Fall). Cost to City: $51,914 2 -5. Channel Basin Revetment Surveys Description: Changes in elevation will be measured along the north shoreline of the Packery Channel basin to include the vegetation line to -5 ft mean sea level or offshore Figure 2. Transect position along inland waterway of Packery Channel (approximate). extent such that the data set overlaps with the channel hydrographic data. Transects will be spaced at 10- to 40 -ft intervals and the survey will extend from 100 ft east of the basin along the entrance channel westward to terminate at the intersection of the entrance road. Transects will be measured perpendicular to channel orientation. The boat ramps will be included in the survey. Purpose: to define changes in elevation of the north bank and revetment along the channel basin. These data will assist in identifying potential areas of scour and shoaling. This focus survey was added to provide insight into January 2007 revetment failure near the boat dock. Schedule: Four surveys will be scheduled to define the peak of seasonal change and correspond with the channel hydrographic surveys. The surveys would be conducted during following months; February (Winter), May (Spring), August (Summer) and December (Fall). Cost to City: $24,030 3 -1. Current Monitoring- Primary station PC138 Description: Measurement of water current velocity at the primary station in Packery Channel (PC138). Purpose: Continue measurement and online dissemination of current velocity data at the primary station in Packery Channel. —464— Schedule: Quarterly maintenance and two emergency site visits during 2008. Posting of real -time data and online access. Cost to City: $0 (Proposed Cost to Corps $31,261) 3 -2. Temporary Current Monitoring Stations Description: measurement of water current velocity at two temporary stations: Station 1 will be located adjacent to the HWY 361 Bridge, Station 2 TBD. Purpose: To measure current velocity in the confined region of the channel at HWY 361 Bridge where the channel changes in orientation and is constrained by hard structure. These data will assist in better understanding sediment transport and the potential for scour and shoaling in the basin and along Mollie Beattie. Schedule: Placement during February 2008 or September 2008. Deployment until seasonal fluctuations are adequately documented (maximum 2 month deployment). If seasonal fluctuations are not captured then additional funding will be required to extend deployment. Cost to City $ 0 (Proposed Cost to Corps /CIRP $ 35,281) 3 -1. Current Monitoring - Primary station GIWW (JFK1) Description: Measurement of water current velocity at the primary station in the Gulf Intracoastal Waterway (JFK1)). Purpose: Continue measurement and online dissemination of current velocity data at the primary station in the GIWW. Schedule: Quarterly maintenance and two emergency site visits during 2008. Posting of real time data and online access. Cost to City: $0 (Proposed Cost to Corps /CIRP $31,261) Total Cost to City of CC: $ 241,487 Deliverables: ASCII data sets (x,y,z) NAVD88 State Plane south Zone FIPS 4205 Online posting of current velocity for two new stations Email status report (monthly) Status Reports (Bi- annually) Note: all surveys may be rescheduled based upon study findings or weather and sea conditions. —4t95— City of Corpus Christi Estimated Budget May 2008 to May 2009 Revised February 7, 2007 Personnel Principal Investigator Data AnalystlDatabase Management/support staff Surveying /post processing Subtotal Personnel Benefits $ 40,737 $ 21,806 $ 74,000 $ 136,543 $ 20,833 Total Personnel $ 157,376 Transportation- Surveys Boat/fuel $ 4,800 Truck/fuel $ 8,337 Total Transportation $ 13,177 Rectified Aerial Photography Contract $20,493 Total Rectified Aerial Photography $20,493 Equipment and Materials Computer (software upgrades $ 5,000 Repair Allowance, Backup /Archive) Survey Equipment/materials $ 19,380 Total Equipment and Materials $24,380 Indirect $26,061 Project Total $241,487 ORDINANCE APPROPRIATING $241,487.00 FROM THE UNRESERVED FUND BALANCE IN THE REINVESTMENT ZONE NO. 2 FUND 1111 FOR PACKERY CHANNEL MONITORING FOR 2008 -2009; CHANGING THE FY2007 -2008 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 027352 TO INCREASE APPROPRIATIONS BY $241,487.00; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. An amount of $241,487.00 from the unreserved fund balance in the Reinvestment Zone No. 2 Fund 1111 is appropriated for Packery Channel Monitoring for 2008 -2009. SECTION 2. The FY 2007 - 2008 Operating Budget adopted by Ordinance No. 027352 is changed by increasing appropriations by $241,487.00. 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 19th of February, 2008. ATTEST: Armando Chapa City Secretary CITY OF CORPUS CHRISTI Henry Garrett Mayor APPROVED AS TO FORM: 18- Feb -08 1\1 • By:,�/I���j( CM'P" / Veronica Ocanas Assistant City Attorney for City Attorney 02260B ORD App 4 Packery Channel Monitoring -407- Corpus Christi, Texas day of , 2008 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon 022608 ORD App 4 Packery Channel Monitoring —408— Requested Council Action: 2/26/08 Alternate Date: 3/11/08 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving a consulting contract with Etico Solutions, Inc. of Macomb, IL to conduct a comprehensive resource allocation study for the Corpus Christi Police Department, in accordance with Request for Proposal Number BI- 0069 -08, for a total cost of $90,000, Funding is available in Police Grants — Federal Law Enforcement Trust Fund. ****************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Background: The Police Department employs 448 sworn officers and 192.5 full time civilians organized into Field Services, Auxiliary Services, Professional Standards, and Administrative Services. Since the last increase in sworn officer general fund staffing, approximately 10 years ago, the number of calls for service and offense reports requiring investigation have steadily increased. In response, the Police Department has implemented numerous procedures to increase efficiencies including use of civilian personnel and leveraging of technology. Purpose: Award Basis: Funding: This comprehensive resource allocation study will provide a much needed review and analysis of workload, staffing and support resources in addition to aiding in the Police Department's efforts to secure national accreditation through the Commission on Accreditation for Law Enforcement Agencies, Inc. The study will also present workable solutions to present and future problems, taking into account Corpus Christi's unique demographics, geography and population. Moreover, the study will provide information that will be valuable to the City in making informed decisions regarding the future of law enforcement in Corpus Christi. A request for proposal was advertised and issued to sixteen consulting firms. Seven proposals were received. Proposals were evaluated across five major criteria: Executive Summary, Introduction, Technical Solution, Proposer's Profile & Qualifications and Cost. An evaluation team comprised of representatives from the Police Department and Purchasing reviewed the proposals and scored each according to the criteria above. Etico Solutions, Inc. is recommended for award as it earned the highest overall score and represents the best overall value to the City. Police Grants — Federal Law Enforcement Trust Fund 1061- 821001- 530000 $90,000.00 Mic Ass'stant 1 11 arrera irector of Financial Services to —411— ▪ L!! Z 0 U(1) - , 50 n 0 cc • Lu — Ua_ m Request for Proposal No :BI-0069-08 O a THE PAR GROUP, LLC Lake Bluff, IL 0.50% 4.00% f r 5.00% 1 e 0 ab 1` 35.00% 1 MANAGEMENT PARTNERS, INC. Cincinnati, OH o O W e 0 o N 1` o Q 47 E 0 1TRIX ;LILTING no, TX �000 co f0 )f) (D o 0) 1-.: N IT OF ICA, INC. tin, TX IS 0 O N ai .75% 1 0 0 T n T -_- r 0 0 0 aF 112 0inm 5 .5 0) 1-.: CARROLL BURACKER & ASSOCIATES, INC. Harrisonbu VA o in of L %09'8 o CD ai 24.25% 8.43% o a 0 O 1 22.94% ri OI 11) 0 f0 .51 6 6 N" E §1r (0 ci 2 Evaluation Criteria 0 0 N t[] O of (0 o 0 0 co o o 0 4Z) t1) 0 N 01 M — -412- Total Score 0 0 0 0 0 0) 1[) fA 0 0 O 0 e,4 0 0 0 0 ffl 0 0 0) [*) 0 0 0 1() tR 00 0 '0 nr o 0 Ct o AGENDA MEMORANDUM DATE: February 26, 2008 SUBJECT: Greenwood Drive, Phase 1, from Gollihar Road to SPID BOND ISSUE 2004 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a construction contract with Salinas Construction Technologies, Inc. from Pleasanton, Texas in the amount of $3,787,013.79 for Greenwood Drive, Phase 1, from Gollihar Road to South Padre Island Drive (SPID) Project for the Base Bid plus Additive Alternate No. 1 (BOND ISSUE 2004) ISSUE: The proposed project is part of the Bond Issue 2004 package that was approved by the voters on November 2, 2004. The project was advertised and bids were received on January 23, 2008. The contract is ready to be awarded, which requires City Council approval. FUNDING: Funding is available from the FY 2008 Capital Budget. RECOMMENDATION: Staff recommends approval of the Motion as presented. 2 o4g Kevin Stowers, Interim Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "A -1" Prior Project Actions Exhibit "B" Project Budget Exhibit "C" Tabulation of Bids Exhibit "D" Location Map HAI- 10ME5LYNDASSGEMStreele12004 Bond Issue56277 - Greenwood4CONSTRUCTIONIAGENDA MEMO.doo —415— BACKGROUND INFORMATION SUBJECT: Greenwood Drive, Phase 1, from Gollihar Road to SPID (Project No. 6277) BOND ISSUE 2004 PROJECT DESCRIPTION: This project consists of the complete reconstruction of the approximately 24,370 SY of existing pavement; removal and replacement of approximately 4,000 LF selected curb and gutter and 14,526 SF of sidewalk with new ADA curb ramps; new bus turn out; 5,000 LF of various sized new water lines; 1 ,346 LF 8" VCP wastewater line CIPP with point repairs and manhole rehabilitation, approximately 1,200 LF new FM with additive alternate to directional bore under SPID; 1,500 LF of various sized underground storm water pipe with new manholes; street signage, lane striping and pavement markings; and traffic signal system improvements; in accordance with the plans, specifications, and contract documents. ADDITIVE ALTERNATE NO. 1: Additive Alternate No. 1 consists of installing 550 linear feet of HDPE Effluent force main underneath the South Padre Island Drive and access roads via horizontal directional drilling and installing an additional 371 linear feet of PVC Effluent force main to tie into the existing effluent force main to the south and associated traffic control plan measures. ADDITIVE ALTERNATE NO. 2: Additive Alternative No. 2 consists of installing 3,400 linear feet of 4 -inch PVC fiber optic conduit running north of the Westbound access road of South Padre Island Drive to Gollihar Road and an additional 500 linear feet of 4 -inch PVC fiber optic conduit via boring underneath existing pavement sections and five ground boxes for fiber optic conduit. BID INFORMATION: Bids were received on January 23, 2008 with six (6) bidders submitting a bid proposal. The bids range as follows: Base Bid from $3,600,823.78 to $4,898,339.00 Additive Alternate No. 1 from $156,566.61 to $298,407.00 Additive Alternate No. 2 from $128,700.00 to $152,912.50 The engineer's estimated cost of construction is $3,357,710. The low bid was submitted by Salinas Construction Technologies, Inc. of Pleasanton, Texas. See Exhibit "C" Tabulation of Bids. The City's consultant, HDR Shiner Moseley & Associates, and City staff recommends that the construction contract be awarded to Salinas Construction Technologies, Inc. in the amount of $3,787,013.79 for the Greenwood Drive, Phase 1, from Gollihar Road to SPID for the Base Bid plus Additive Alternate No. 1 project. Additive Alternate No. 2 supports the backbone and redundancy of the Wi -Fi system. At this time it will not be awarded, but the City retains the option to award it at a future date pending the availability of funding. H:IHOME\LYNDAS \GENlSlreets52004 Bond Issue16277 - Greenwood1CONSTRUCTIONSAGENDA BACKGROUND.doc —416— EXHIBIT "A" Page 1 of 2 TIME OF COMPLETION: The contract provides for the work to be complete within 364 calendar days of notice to proceed. PROJECT BACKGROUND: On Tuesday, November 2, 2004, the City of Corpus Christi held an election to consider a number of ballot propositions to fund major capital improvements for the community, Bond Issue 2004. The November 2, 2004 election was held jointly with Nueces County and coincided with the Presidential Election. The Bond Issue 2004 package includes $95 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The proposed projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. In order to improve the delivery of the Bond Issue 2004 Street projects, the following processes were added to the early stages of the design phase: (1) More detailed and standardized Subsurface Utility Engineering to include Hydro- excavation to determine precise locations and utility classifications of public and private utilities. This allows coordination with local utilities franchises for the timely relocation and avoids costly delays during construction. (2) Wastewater lines cleaning and televising (CCTV) to determine detailed information on the condition and any required repairs /upgrades prior to the street reconstruction. (3) Land acquisition. On critical projects, land acquisition is proceeding ahead of the project design and being coordinated with the platting process. This allows dedications in lieu of purchase of ROW and easements and avoids future delays and costs for Utility relocations and/or street reconstruction. H:1HOMESLYNDASIGEMStreets12004 Bond Issue 45277 - Greenwood \CONSTRUCTION4AGENOA BACKGROUND.doc —417— EXHIBIT "A" Page 2 of 2 PRIOR PROJECT ACTIONS SUBJECT: Greenwood Drive, Phase 1, from Gollihar Road to SPID (Project No. 6277) BOND ISSUE 2004 PRIOR COUNCIL ACTION: 1. November 2, 2004 — Resolution expressing official intent to reimburse costs of the 2004 Bond Capital Improvement Projects (Resolution No. 026015). 2. November 9, 2004 - Ordinance canvassing returns and declaring the results of the Special Election held on November 2, 2004, in the City of Corpus Christi for the adoption of five bond propositions; adoption of a permanent ad valorem tax freeze on residents homesteads of persons 65 years of age or older or disabled persons and eligible spouses; and adoption of seven amendments to the Charter of the City of Corpus Christi (Ordinance No. 026022). 3. May 31, 2005 — Motion authorizing the City Manager, or his designee, to execute a Contract For Professional Services with HDR Shiner Moseley & Associates, Inc. from Corpus Christi, Texas in the amount of $534,416 for the Greenwood Drive, Phase 1, from Gollihar Road to SPID (Motion No. M2005 -174). 4. January 24, 2006 — Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 to the Contract For Professional Services with HDR Shiner Moseley & Associates, Inc. from Corpus Christi, Texas in the amount of $76,020.84 for the Greenwood Drive, Phase 1, from Gollihar Road to SPID (Motion No. M2006 -017). 5. December 18, 2007 — Ordinance approving the FY 2008 Capital Budget and Capital Improvement Planning Guide in the amount of $127,275,900 (Ordinance 027546). PRIOR ADMINISTRATIVE ACTION: 1. August 26, 2004 - Distribution of Request For Qualifications (RFQ) No. 2004 -03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local). 2. March 25, 2005 - Addendum No. 1 to the Request for Qualifications (RFQ) No. 2004 -03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local). 3. April 13, 2005 - Addendum No. 2 to the Request for Qualifications (RFQ) No. 2004- 03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local). 4. August 23, 2005 - Administrative approval of Agreement for Construction Materials Engineering Laboratory's Inspection and Materials Testing Services with Fugro Consultants from Corpus Christi, Texas in the amount of $9,800 for the Greenwood Drive, Phase 1, from Gollihar Road to SPID. H:IHOMEILYNDASLGEN\Streets42004 Bond lssue16277 - Greenwood\CONSTRUCTIONSPRIOR PROJECT ACTIONS.doc —418 — EXHIBIT "A -1" Page 1 of 2 5. October 24.2005 - Administrative approval of Agreement for Construction Materials Engineering Laboratory's Inspection and Materials Testing Services with Fugro Consultants from Corpus Christi, Texas in the amount of $371 for the Greenwood Drive, Phase 1, from Gollihar Road to SPID. 6. December 1, 2005 — Administrative approval of Amendment No. 1 to the Contract for Professional Services with HDR Shiner Moseley & Associates, Inc. in the amount of $0 for the Greenwood Drive, Phase 1, from Gollihar Road to SPID. 7. December 20, 2006 — Administrative approval of Amendment No. 3 to the Contract for Professional Services with HDR Shiner Moseley & Associates, Inc. in the amount of $22,294.40 for the Greenwood Drive, Phase 1, from Gollihar Road to SPID. H:\HOME\LYNDAS1GENlslreets12004 Bond issue16277 • Greenwood\CONSTRUCTIONIPRIOR PROJECT ACTIONS.doc —419— EXHIBIT "A -1" Page 2 of 2 PROJECT BUDGET GREENWOOD DRIVE, PHASE 1 FROM GOLLIHAR ROAD TO SOUTH PADRE ISLAND DRIVE (SPID) Project No. 6277 BOND ISSUE 2004 February 26, 2008 FUNDS AVAILABLE: Street $2,760,000.00 Storm Water 607,850.00 Water 663,500.00 Wastewater 930,757.00 Total $4,962,107.00 FUNDS REQUIRED: Construction (Salinas Construction Technologies, Inc.) $3,787,013.79 Contingencies (10 %) 378,700.00 Consultant (HDR Shiner Moseley) 632,731.24 Consultant (Gram Traffic Counting, Inc.) 490.00 Testing (Fugro Consultants, Inc.) 45,171 .00 Reimbursements 1 13,000.00 Misc. (Printing, Advertising, etc.) 5,000.00 Total $4,962,106.03 Exhibit "B" Page 1 of 1 H:I USERS2 5HOMEIVELMAP\GEN1STREET16277 GREENWOOD DRIVEICONSTRUCTIONSPROJECT BUDGET -420- Tabulated by: Chris Schef ler E,I.T., HDR 1 SHINER MOSELEY DATE: January 25 2008 TABULATION OF BIDS DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TX • GREENWOOD DRIVE, PHASE 1 FROM GOLLIHAR TO S.P.I O. CITY PROJECT NO. 6277 -- --- ��^• Salinas cwsnue6en 3734 FN 3406 PyusaMin. TX 73064 • + +••�••• + ^•- ••••••-- •- •••+ -•)+ SLC cares,,1 0,, 1116 Redo Ar .sss PAW, 72 75336 r,iv,llLLnuaar,nly,• Bay lM r Berry Construction 1414 Cern Pred,,1 CC, TX 76401 Vr rR1JOl4GLG4.,1101 ' Garrett Construction Garrett Rd (p FM 2725 Ingleside, TX 76362 RV1. 1 HOPI 1.W 1: 04,431,1111 tlafs Anderson Celuflu1ti n PO Bmt 7692 CC, TX 71467 .January zuur} µ6G Construction 1725 Southern Mllrralt CC, TX 78160 TOTAL BASE BID DESCRIPTION - PARTS A, B, C, D, E, F, G, H,1 & J TOTALS TOTALS TOTALS TOTALS TOTALS TOTALS Part A - General - Items Al through A2 5387,405.93 5220,500.00 5350,000.00 5473,014.30 $520,000.00 5275,000.00 Part B - Traffic Control Plan - hernial 5143,201.07 $162.500.00 $260.000.00 5 168 ,826.85 $300.000.00 5275,000.00 Part C - Demolition - Iterrs Cl through Ct l * 5157,080.71 5105,246.26 5161,725.60 5273,029.55 590.109.31 5510,052.10 Part 0 - Storm/cater - Items 01 through D11 5405,234.35 i? 5 397. 774.47 5 608, 080.00 $655,230.85 5622.027.00 5465 205.00 Part E - Sanitary Sewer - Items El through E4 $203,608.56 5 222 ,240.84 $280,130.00 $274,440.20 5276,166.00 5362,540.00 Part F - Effluent Force Main - Items Fl through F6 5178,669.94 5165,829 .20 5180,334.00 5187.531.55 5181,437.00 5194,667.00 Part G - Water - Items G1 through G30 Yt $468.846.37 5503,645.68 5569.387.00 $644,514.35 $611,382.00 5578,779.00 Para H - Street - Items H1 through H15 51,154,628.24 $1,341,191.37 11,213,438.00 51,434,107.40 $1,663,755.50 $1.719.701.20 Pail I - Traffic Signals - Items It through 116 5434 ,329.54 $482,020.55 5492, 658.50 $ 468,123.55 $440,583.75 $452,392.25 Part J - Signs and Marking - Items J1 through J31 567,819.07 573,626.06 565,382.70 579.688.90 $66,060.75 565,002.45 TOTAL BASE BID ler 63,600,823.78 I 53, 674, 574.43 54,181, 135.80 54,656,507.50 54,771,521.31 54,898,339.00 [Additive Alternate No.1 - Items AA1 -1 through AA1-4 5186,190.01 5156,566.61 5200.388.00 $ 262,471.85 $298,407.00 5226,758.75 TOTAL BASE BID + ADDITIVE ALTERNATES tr 53 ,787,013.79 0 53, 831, 141.04 $4381, 523.80 $4,920,979.35 55.069.92831 55.125 657 75 Notes: * Salinas made errors on quantites C1 & G7. Corrections increased the bid by $6,845.60 0 SLC made calculation errors on 01, D2, & Base Bid Total. Corrections decreased the bid by 55.58 Page 1 of 7 Tabulated by: Chris Seheffler E.I.T., HDR !SHINER MOSELEY DATE: January 25, 2008 TABULATION OF BIDS DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TX TIME OF COMPLETION: 364 Calendar Days ENGINEERS OPINION OF PROBABLE CONSTRUCTION COST: 53,357,710 (January 200 GREENWOOD DRIVE, PHASE 1 FROM GOLLIHAR TO S.P.I.D. CRY PROJECT NO. 6277 Salinas Construction 3734 FM 3006 Phassntun, 11 75064 SEC Construction 1165 Rods* Aransas Pans, TX 76336 Bay ltd.! Bony Construction 1414 Corn Products CC, TX 76409 Garrett Construction Garrott Rd ! FU 3725 Ingleside, TX 76362 !Peas Andersen Construction PO Box 7642 CC, TX 78467 H&G Construction 1226 Sorgh.m MMrrals CC, TX 76460 ITEM 1DESCRFTPON 1 07Y. 1 UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE ' AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT BASE BID - PART A: GENERAL Al Mobihzation/DerT53bilizabon 1 LS 5373,125.00 $373,125.00 5210,000.00 5 210, 000.00 5290,000.00 5290.000.00 5449202.25 5 449,202.25 5480,000.00 5 480 ,000.00 5250,000.00 5250,000.00 A2 SWPPP 1 LS 514,280.93 $14,280.93 $10,500.00 510,500.00 560,000.00 560,000.00 523,812.05 523. 812.05 540 ,000.00 $40.000.00 525,000.00 525,000.00 Subtotal Part A' items Al through 43) $387,405.93 5220,500.00 $350,000.00 5473,014.30 5520,000.00 $275,000.00 i ITEM DESCRIPTION I CITY. UNIT 1 UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNfT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT BASE BID - PART B: TRAFFIC CONTROL PLAN 81 JTraRic Control Plan 1 LS 5143,201.07 $143,201.07 5162,500.00 5162,500.00 5260,000.00 5260.000.00 5168,826.85 5168.826.85 $300,000.00 $ 300 ,000.00 5275,000.00 5275,000.00 Subtotal Part '8' Item 81 $143,201.07 5162,500.00 $260,000.00 5168,826.85 $300,000.00 5275,000.00 ITEM DESCRIPTION 1 QTY. 1 UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT BASE BID • PART C: DEMOLITION C1 Remove Excess Reclaimed Asphalt Pavement Base 731 CY 524.72 1%18,070.32 $11.90 98,696.90 517.00 512,427.00 531.30 522,880.30 50.01 57.31 $350.00 5255,850.00 C2 Excavate and Remove Existing Subgrade Material 6,674 CY 511.70 578,085.80 55.60 537,374.40 512.00 580,088.00 1 522.30 5148,830.20 55.00 533.370.00 525.00 5166,850.00 C3 Remove Concrete Curb and Gutter 4,052 LF 54.66 518,882.32 14.20 517,018.40 57.50 530,390.00 58.55 534,644.60 5525 521,273.00 57.00 528,364.00 C4 Remove Concrete Sidewalk (4" +/. Avg. Depth) 14,526 SY $1.60 523,241.60 51.96 528,470.96 51.10 $15,978.60 52.95 542,851.70 $1.00 514,526.00 52.35 534,136.10 C5 Remove Concrete or Brick Manholes 4 EA 51,925.10 57,700.40 5840.00 53.360.00 52,000.00 58,000.00: 1952.50 53,810.00 $896.00 $3,584.00 $650.00 52,600.00 C6 Remove 18" RCP 117 LF 516.07 51,880.19 519.60 52,293,20 524.00 52,808.00 $41.65 54, 873.05 539.00 54,563.00 530.00 53.510,00 C7 Remove 21"RCP 174 LF 515.62 52,717.88 519.60 53,410.40 526.00 54,524.00 541.65 57,247.10 $39.00 56,786.00 533.00 55,742.00 C8 Unanticipated Concrete Sidewalk Removal 700 SF 52.09 51,463.00 51.96 51,372.00. 51.30 5910.00 $3.45 52,415.00 52.00 51,400.00 510.00 57,000.00 C9� Unanticipated Concrete Curb and Gutter Removal 200 LF 56.94 51,388.00 $4.90 5980.00 58.00 51.600.00 59.40 51,880.00 57.00 51,400.00 510.00 52.000.00 C10AUnanticipated Concrete Curb Ramp Removal 4 EA $566.30 52,265.20 5420.00 51,680.00 5800.00 $3,200.00 5 546.90 $2,187.60 $200.00 $800.00 5250.00 $1.000.00 C1n,Unanticipaled Concrete Driveway Removal 300 SF $4.62 51,386.00 51.96 5588.00 56.00 51,800.00 54.70 51,410.00 58.00 52,400.00 510.00 $3,000.00 r 3SubtotalPart'C' I (items Cl through C111 1Y 5157,080.71 5105,246.26! $161,725.60 5273,029.55 590,109.31 5510,052.10 REM IOESCRPTION 1 CITY. I UNIT UNR PRICE 1 AMOUNT - UNR PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT um PRICE AMOUNT BASE BID - PART D: STORMWATER D1 36" RCP CL III 496 LF 5109.15 554,138.40 5131.41 1> 565,179.36 $215.00 5106,640.00 5231.00 5114,576.00 5216.00 5108,128.00 5125.00 $62,000.00 D2 42" RCP CL III 62 LF 5135.74 58,415.88 5157.73 .0 59,77926 $460.00 528.520.00: 5266.70 $16,535.40 5252.00 515,624.00 5150.00 59,300.00 03 48" RCP CL III 257 LF 5155.61 539,991.77 5 183.75 $47223.75 5225.00 557,825.00 5313.15 580,479.55 5296.00 576,072.00 5185.00 $47,545.00 D4 54' RCP CL III 303 LF 5222.23 567,335.69 5227.50 568,932.50 $250.00 575.750.00 5352.40 5106,77720 5333.00 5100,899.00 5225.00 568,175.00 05 60" RCP CL III 232 LF 5265.91 561,691.12 $246.40 557,164.80 5300.00 569,600.00 $403.60 593,63520 5 381.00 $88,392.00 5275.00 563,800.00 06 66" RCP CL III 159 LF 5335.82 553, 395.38 5294.35 $46,801.65 5400.00 563,600.00 5477.45 575,914.55 $450.00 571,550.00 $365.00 558,035.00 D7 36' Diameter Plug 5 EA 5849.86 $4,249.30 $364.00 51 ,620.00 $600.00 $3,000.00 $369.10 51,845.50 $348.00 $1,740.00 5230.00 51,150.00 D8 42" Diameter Plug 1 EA 51.067,36 $1. 067.36 $385.00 5385.00 5600.00 $600.00: 5390.50 5390.50 $368.00 3368.00 5255.00 5255.00 D9 TXDOT Manhole Type M 16 EA 14,758.23 576,131.68 54,060.00 $64,960.00 510,000.00 5160,000.00 57,568.65 5121,098.40 57,200.00 5115.200.00 $7,025.00 5112,400.00 D10 Trench Safety 1,509 LF $2.53 53,817.77 $0.35 5528.15 $5.00 $7,545.00 $5.95 $8.978.55 $6.00 $9,054.00 $5.00 57.545.00 011 Allowance for relocation of Storm Water Utilities 1 LS $35,000.00 $35, 000.00 535, 000.00 535, 000.00 535,000.00 535,000.00 $35,000.00 $35,000.00 535, 000.00 $35,000.00 535,000.00 535,000.00 Subtotal Part V' (Hems D1 through D11) $405,234.35 0 $397,774.47 5608,080.00 5655,230.85 $622,027.00 $465,20500 Tabulated by: Chris Scheffler E.I.T., HDR I SHINER MOSELEY DATE: January 25, 2008 TABULATION OF BIDS DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TX TIME OF COMPLETION: 364 Calendar GREENWOOD DRIVE ,PHASEIFROMGOLLIHARTDS.P.I.D. CRY PROJECT NO. 6277 SalinasComma:lien 3734 FM 3006 Pln.aMon, TX 76064 SLCConstruction 1165 Rodeo Aransas Pass, TX 76336 Bay Ltd./ BarryCanmuetlen 1414 Cam Products CC. TX 76409 G.,.8Con.truction Gantt Rd IIII FM 2725 Inglasid., TX 76362 Naas And.r.onCamtrudIn PO Bcce 7662 CC, TX 78467 HAGCOrukuc9On 1225 Southern Minerals CC, 1X 76466 ITEM DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT BASE BED - PART E: SANITARY SEWER El 8 "VCP Pipe Rehab wlClPP 1346 LF $50.68 568,21528 5100.00 5134,600.00 6105.00 5141,330.00 595.25 $128,206.50 6103.00 5138,638.00 5115.00 5154.790.00 E2 Fiberglass Manhole 126 VF 1932.12 6117,447.12 $513.34 564,680.84 $900.00 5113,400.00 6806.05 $101,562.30 6758.00 $95,508.00 51,125.00 5141,750.00 E3 Outside Manhole Drop Connections 4 EA 53,397.04 513,588.16 62,660.00 $10.640.00 52,600.00 610,400.00 57,691.30 530,76520 57,235.00 $28,940.00 52,750.00 611,000.00 E4 Point Repairs on 8" pipe 2 EA $2,179.00 64,358.00 56,160.00 $12,320.00 17,500.00 $15,000.00 $6,953.10 513,90620 56,540.00 613,080.00 527,500.00 $55,000.00 Subtotal Part E' Item E1 throu. h E4 _ $203,60856 5222,240.84 5280,130.00 5274,440.20 5276,166.00 5362,540.00 ITEM DESORPTION QTY. UNIT UNIT PRICE AMOUNT _ UNIT PRICE AMOUNT UNIT PRICE AMOUNT UN[TPRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT SASE BID - PART F: EFFLUENT FORCE MAIN F1 8" PVC Effluent Force Main (C -900) 1,208 I,F 635.73 543,161.84 $49.98 560,375.84 $48.00 557, 984.00 541.65 550,313.20 $39.00 547.112.00 569.00 $83,352.00 F2 8" Plug Valves 3 EA 52,456.74 $7.37022 51.620.00 55,460.00 $1,600.00 $4,800.00 $1,675.20 55,025.60 51,575.00 54,725.00 61.500.00 54,500.00 F3 Fittings 1 i.S 61,951.00 51.951,00 $4,900.00 64,900.00 14, 000.00 54, 000.00 52, 916.95 52,916.95 52,744.00 $2,744.00 $1,765.00 $1.765,00 F4 Reconnect to Existing Line 2 EA 51,771.44 53,542.88 51,886.68 53, 733,36 $2,800.00 $5,600.00 53,750.40 17,500.80 $3,528.00 57,056.00 62.500.00 55,000.00 F5 Grout and Abandon Existing 8" AC Effluent F.M. 7,900 19 512.36 597,644.00 58.40 $66.360,00 510.50. $82,950.00 $12.25 $96,775.00 $12.00 $94,800.00 $9.50 575.050.00 F6 Allowance for Relocation of Wastewater Utilities i IS S25, 000.00 525,000.00 525, 000.00 525, 000.00 525 ,000.00 525,000.00 525.000.00 525, 000.00 525, 000.00 525 ,000.00 525,000.00 525,000.00 Subtotal Part (Items F1 through F6) 5178,669.94 5160,829.20 $180,334.00 5187,531.55 5181,437.00 5194,667.00 CO Pane 3 of 7 TABULATION OF BIDS DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TX Tabulated by: Chris Scheftler E.I.T., HDR I SHINER MOSELEY • • -• •• -• ••••••� «••� - - -� I man t,r t:umrt.tl run: 3114 t:arenuar Days ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST: 53,357,710 January 2007) r GREENWOOD DRIVE, PHASE 1 FROM GOLLIHAR TO S.P.I.D. CITY PROJECT N0.6277 L Salinas �OM1 3734 FM 7006 Pleasanton, TX 791064 SLC Construction 1165 Rothe Aransas Pass, TX 76]36 Hay Ltd. r berry Cenehuetian 1414 Corn Products CC, TX 74409 Garrott Construction Garrott Rd ft FM 2725 IneYSida, TX 76342 Haas Anderson Construction PO flex 7692 CC. TX 71467 HAG Construction 7225 Southern Minerals CC. TX 76460 ITEM DESCRIPTION ) CITY. 1 UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT TUNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT BASE BID - PART G: WATER G1 12" PVC Water Main (C -900) 3831 LF $38.27 3146,612.37 551.10 1 195, 764.10 555.00 5210,705.00 555.95 1214,344.45 553.00 5203,043.00 570.00 3268,170.00 G2 12" Dl Water Main (CI 51) 47 LF $75.30 $3,539.10 373.04 53,432.88 5120.00 55,640.00 5109.55 $5,148.85 5103.00 54,841.00 3115.00 55,405.00 -G3 8" DI Water Maas (CI 5]) 127 LF 543.36 $5,506.72 562.54 57,942.58 5130.00 516,510.00 173.80 59,372.60 169.00 58,763.00 5138.00 317,526.00 G4 6" DI Water Main (CI 51) 963 LF 533.46 532,221,98 _ 354.84 T 552,810.92 563.00 560.669.00 167.85 565,339.55 564.00 561,632.00 5107.00 1103,041.00 05 12" Gate Valves and Box 16 EA 51,949.00 $31.164.00 51.960.00 331,360.00 51, 700.00 527,200.00 52,060.95 532.975.20 51,9383 531,008.00 51.765.00 $28,240.00 G6 8" Gate Valves and Box 3 EA 51,116.81 $3,350.43 51,120.00 53,360.00 51.000.00 53,000.00 51,187,05 53,561.15 .00 51.116.00 53,348.00 $1,060.00 53,180.00 G7 6" Gate Valves and Box 11 EA 3800.08 1 '40,600.88 $784.00 58,624.00 1700.00 57,700.00 5860.80 59,468.80 5810.00 58,910.00 5775.00 58,525.00 08 Fire Hydrant Assemblies 16 EA 53,764.17 $60,226.72 53,395.00 554,320.00 53,500.00 556, 000.00 55,473.20 587,57120 $5,149.00 582,384.00 12.900.00 546,400.00 69 12" x 12" x 12' Tees 4 EA $937.79 533,751.16 5700.00 52,800.00 3850.00 33.400.00 5867.95 53,471.80 5816.00 53,264.00 5570.00 52,280.00 G10 12 "x12 "x 8" Tees 2 EA 5903.33 51,805.66 1560.00 31,120.00 $800.00 31,600.00 5867.95 11,735.90 5816.00 31,632.00 $455.00 3910.00 611 12" x 12" x 6" Tees 17 EA 5952.67 514,495.39 3700.00 511,900.00 5750.00 512,750.00 5872.70 514,835.90 5821.00 513,957.00 5500.00 58,500,00 G12 013 12" x 12" x 8" x 8" Cross 1 EA 5 1,181.15 51,181.15 3630.00 5630.00 5850.00 5850.00 51,078.70 51,078.70 31,015.00 $1.015.00 5525.00 1525.00 12" • 1 l 114 Degree Bend 8 EA 5673.79 55,390.32 3 560.00 54,480.00 $560.00 54, 480.00 5608.40 54. 867.20 5572.00 34,576.00 5400.00 33,200.00 G14 12 "- 45Dcgroc Bends 2 EA 5669.79 51,339.58 5560.00 51,120.00 5540.00 51.080.00 5597.70 31,195.40 5562.00 ' 51,124.00 5400.00 5800.00 G15 8 " -45 Degree Bend 4 EA 5477.29 51,909.16 5350.00 51,400.00 5300.00 51,200.00 3402.40 51,609.60 5379.00 31,516.00 5250.00 51,000.00 G16 6" - 45 Degree Bend 28 EA 5411.61 311, 525.08 5210.00 55,880,00 3225.00 56,300.00 3340.50 59,534.00 3320,00 58,960.00 5200.00 55.600.00 G17 12" - 90 Degree Bends 1 EA 5727.95 1727.95 5560.00 $560.00 5700.00 5700.00 5640.55 $640.55 5603.00 5603.00 5435.00 $435.00 G113 12" End Cap 4 EA 5839.08 53,320.32 5490.00 51,960.00 $600.00 52,400.00 $361.95 31,447.80 5340.00 $1.360.00 5250.00 $1,000.00 1 G. 12 " Pipe Plug 5 EA 5365.06 31,825.30 5490.00 5 2,450.00 $500.00 32,500.00 $361.95 31,809.75 5340.00 51,700.00 5250.00 51,250.00 G8) r.. Connect to Existing 12" Water Main 2 EA 51,884.82 53,759,64 52,100.00 54,200.00 53.600.00 37,200.00 $4,107.60 58,215.20 53,864.00 57,728.00 51.200.00 52,400.00 Connect to Existing 8" Water Main 2 EA 51,721.44 $3,442.68 51,792.00 53,584.00 $3,000.00 56,000.00 53.649.20 $7,298.40 $3,433.00 $6,866.00 $750.00 51,500.00 G2 Connect to Existing 6" Water Main 15 EA 51,792.90 526.893.50 51.582.00 $23,730.00 52,500.00 537,500.00 53.631.35 554,470.25 53.416.00 351.240.00 5600.00 $9,000.00 623 Reconnect Commercial Service Lanes 15 EA 52,528.61 $37,929.15 51.750.00 $26,250.00 51,800.00 527,000.00 52, 869.35 543,040.25 52,700.00 $40,500.00 $900.00 $13,500.00 G24 Adjust Existing Water Meter Boxes to Grade 8 EA $313.02 52,504.16 5770.00 56,160.00 51,200.00 59,600.00 5242.90 51,943.20 $228.00 51.824.00 5350.00 $2,800.00 025 Remove l2" Water Main and Plug Pipe 80 LF $44.22 53,537.60 535.00 52,800.00 3140.00 311.200.00 $42.85 53,428.00 540.00 53200.00 57.50 5600.00 G26 Remove Fire Hydrants and Plug pipe 10 EA 5969.25 $9,692.50 5770.00 57,700.00 5300.00 53,000.00 51.133.45 511,334.50 31,066.00 510,660.00 5250.00 52,500.00 G27 Trench Safety 4,992 LF 51.29 56.439.68 50.35 51,747.20 51.50 57,486.00 51.80 58,985.60 52.00 59,984.00 51.00 $4.992.00 G28 8" - 11 114 Degree Bend 1 EA 5463.45 5463.45 5280.00 5280.00 $335.00 $335.00 1392.90 5392.90 5370.00 5370.00 3250.00 1250.00 629 8" - 22 Ill Degree Bend 1 EA $459.54 5459.54 1280.00 5280,00 5380.00 $380.00 $397.65 5397.65 $374.00 5374.00 3250.00 5250.00 1, G30 Allowance for Relocation of Water Utilities 1 L5 535, 000.00 535, 000.00 535,000.00 335, 000.00 $35,000.00 335, 000.00 135, 000.00 535, 000.00 535, 000.00 535,000.00 535,000.00 535,000.00 Subtotal Fart' (items G1 throueh G301 >} $468,846.37 $503,645.66 $569,387.00 $644,514.35 $611,38200 $576,779.00 Tabulated by Chris Scheffler E.I.T., HDR1 SHINER MOSELEY DATE: January 25 2008 TABULATION OF BIDS DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TX • • GREENWOODDRNE ,PHASE1FROMGOLLIHARTOS.P.1.D. CITY PROJECT NO. 6277 • •• -•- -• Salinas "�0" 3734 FM 3006 Pleasanton, TX 73064 - -,... -- .. -... - ^.... ....... ...... >> SLCC"" O" 1165 Rodeo Annsas Pass, 7X 70336 _ .,sea, ) Bay 1414 Corn Products CC. TX 70109 L n a - mman we rINVOACLG 64./110 1 KUl, Hurd LAM, 1: 703,33/,llu Garrett Naas Anderson Construction Garr.4 Rd 8g FM 2725 PO Bat 7692 Inglesid., TX 70362 CC, TX 76467 (January zee(' H6GConWuct1n 1225 SauMm Minerals CC, TX 75460 1 ITEM 'DESCRIPTION I OTY. 1 UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT I UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT BASE BID - PART H: STREET H1 Cement- Stabilized Reclaimed Asphalt Pavement (RAP) Base 7,103 CY $26.32 5186,950.96 $33.60 5238,660.80 $35.00 5248, 605.00 $42.25 5300,101.75 589.00 5632,167.00 563.00 5447,489.00 H2 Prime Coat 3,656 GAL $3.32 $12,137.92 $3.85 514,075.60 $4.00 514,624.00 53.75 513,710.00 54.00 514.624.00 54.00 514.624.00 H3 Tack Coat 1,097 GAL 53.76 54.124.72 $3.85 $4,223.45 55.00 55,485.00 56.00 56,582.00 52.50 52,742.50 54.60 55,046.20 H4 4" HMAC Pavement, Type B 24,370 SY 519.18 5467,416.60 $22.54 5549,299.80 516.00 5389,920.00 520.50 5499,585.00 518.50 $450,845.00 $25.00 5609,250.00 1-15 2" HMAC Pavement, Type D 24,370 SY $9.99 $243,456.30 $11.80 5287,566.00 $9.00 5219,330.00 511.25 5274,162.50 59.40 5229,078.00 113.00 5316.810.00 H6 6" Concrete Curb and Gutter 3,902 LF $14.31 555,837.62 $17.42 567,972.84 523.00 589,746.00 517.25 567.309.50 519.50 576.089.00 516.00 562,432.00 H7 Concrete Sidewalk 12,715 SF 54.00 550 ,872.00 53.96 550,363.28 56.00 576,308.00 57.85 599,836.30 55.00 $63.590,00 55.00 563,590.00 1-18 Concrete Curb Ramps 36 ^ EA 51,886.41 567,910.76 51,960.00 570,560.001, 51,600.00 $57,600.00 51,819.65 $65,507.40 52,000.00 $72.000.00 $685.00 524,660.00 H9 4" Topsoil, Seed, and Mulch 1,960 SY 54.22 58,271.20 51.96 53,841.60 512.00 523,520.00 516.85 533,026.00 $17.00 533,320.00 510.00 519,600.00 H10 Bus S '' incl. Conc. Pvnt & , y PcdnstaLs 1 EA 526 617.00 526,617.00 ' 532,200.00 532 ,200.00 536,000.00 536,000.00 543 245.15 543 245.15 I $44,000.00 544 000.00 5135,000.00 5135,000.00 H11 Adjust Manhole Frames and Corps to Finish Grade 20 EA 5908.13 518 162.60 5910.00 518 10.00; 51,700.00 534000.00' 5570.65 511,413.00 55,600.00 51, 300.00 55.00 526,000.00 $3,500.00 5425.00 $10.00 $8,500.00 57,000.00 H12 Unanticipated Coriu tcSidewalk 700 SF 54.94 53,458.00 ! $1.40 5980.00 1 57.00 $4,900.00 : 58.00 H13 Unanticipated Concrete Curb and Gutter 200 4 LF EA $16.08 5974.64 53,216.00 53,898.56 54.90 5420.00 5980.00 51,680.00 ! 523.00 51,600.00 54,600.00 56,400.00 ' 51725 51,819.70 53,450.00 57,278.80 519.50 52,000.00 _ 53.900.00 58,000.00 515.00 5300.00 53,000.00 51,200.00 H14 Unanticipated Concrete Club Ramp HIS Unanticipated Concrete Driveway 300 SF 57.66 52,298.00 51.96 5588.00 58.00 52,400.00 $11.00 53.300.00 513.00 53,900.00 15.00 $1,500.00 Subtotal Part 7i' L ms H1 through H15 .._ 51,154,628.24 51,341,191.37 51,213,43800 51,434,107.40 $1,663,755.50 51,719,701.20 ITEM DESCRIPTION - PART!: TRAFFIC SIGNALS 1 an'. UNIT 1 UNIT PRICE AMOUNT . UNIT PRICE ...... AMOUNT UNIT PRICE . -..... AMOUNT 1 UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT BAST-BID 10. Traffic Signatizatiou for Greenwood Dr./West Poirot Rd. 1 LS 5195,794.74 5195 ,794.74 5216,200.00 5216,200.00 5225,000.00 5225,000.00 5211,808.10 5211,808.10 $ 200,000.00 5200 ,000.00 5204,500.00 5204,500.00 IN Traffic Sigttaliration for Greenwood Dr.! Gofil,ar Rd. 1 190 LS LF ,i 5192.054.74 527.78 5192,054.74 55278.201 $212,750.00 532.18 5212,750.00 56,114.20 I $ 216. 000.00 530.00 5216 ,000.00 55, 700.00 5207,760.05 529.45 5207.760.05 $5,595.50 5195.000.00 528.00 5195 ,000.00_ 55,320.00 5200.675.00 528.75 5200,675.00 55,462.50 101 CONDUIT (PVC)(SCi1D40)(1.5 ") 141 CONDUIT (PVC)(501D 40)(2 ") 180 LF f 528.08 55,054.40 ' 532.50 $5,850.00 $33.00 55,940.00 1 $29.75 55,355.00 528.00 55,040.00 528.75 55,175.00 15 CONDUIT (PVC)(SCHD40)(4 ")(BORE) 500 LF 527.71 513,855.00 532.50 516,250.00 533.00 $16,500.00 529.75 514.875.00 528.00 514,000.00 528.75 514,375.00 16 GROUND BOX 13"x24" 4 EA 5823.69 53.294.76: 5942.50 53,770.00 5900.00 $3,600.00 586320 $3, 452.80 $812.00 $3,248.00 $935.00 53,740.00 17 GROUND BOX 17 "724" GROUND BOX 24"x24" 4 2 EA EA 5906.19 51,069.87 53,624.76 52,139.741 51,040.00 51,202.50 54,160.00 52,405.00 51,000.00 $1,200.00 54,000.00 52,400.00 5952.50 51,101.30 $3,810.00 52,202.60 5896.00 51,036.00 53,584.00 52,072.00 5920.00 51,065.00 _ 13,680.00 52,130.00 18 19 TRF SIG CBL (TY A) (14 AWG) (16 COMDR) 950 LF 53.41 53239.50 53.90 53,705.00 j 54.00 $3.800.00 i 53.55 $3.372.50 53.00 52,850.00 $305 53,277.50 110 TRF SIG CBI. (TY A) (14 AWG) (7 CONDR) 810 LF 51.94 51,571.40', $2.15 51,741.50 1 $2.00 $1,620.00; 51.95 51,579.50 52.00 51.620.00 51.90 51,539.00 111 TRF SIG CBL (TY A) (14 AWG) (4 CONDR) 385 LF 51.65 563525 51.63 5627.55 $1.70 5654.50 51.50 $577.50 51.50 5577.50 $1.45 $55825 112 TRF SIG CBL (TY A) (14 AWG) (3 CONDR) 150 LF 1 51.91 5286.50 51.43 5214.50 51.50 $225.00 ' 51.30 5195.00 51.25 5187.50 51.25 5187.50 113 ELEC CONDUCTOR (NO. 10) INSULATED 155 LF 51.94 5300.70 51.50 5232.50 51.40 5217.00 11.35 5209.25 51.30 5201.50 51.35 520925 114 ELEC CONDUCTOR (NO. 13) INSULATED 770 LF 51.68 51,293.60 51.82 51,401.40 51.60 51,232.00 51.65 51,270.50 51.60 51,232.00 51.60 51.232.00 115 ELEC CONDUCTOR (N0. 9 INSULATED 475 LF 52.16 51,026.00 52.02 5959.50 52.00 5950.00 51.85 5878.75 51.75 583125 51.75 5831.25 116 VIVDS COMMUNICATION CABLE (COAXIAL) 1,205 LF 54.05. 54,88025 $434,329.54 $4.66 $5.639.40 5482 020.55 $4.00 _ $4,820.00 5492,658.50 $4.30 55,181.50 5464123.55 $4.00 $4,820.00 5440,583.75 $4.00 5452,392.25 54.820.00 Subtotal Part 9' (Items 11 through 116) Page 5 of 7 Tabulated by: Chris SChenler E.I.T., HDR 1 SHINER MOSELEY TABULATION OF BIDS DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TX • ENGINEERS OPINION OF PROBABLE CONSTRUCTION COST: 59,357,710 (January 200 GREENWOOD DRIVE, PHASE 1 FROM GOLLIHAR TO S.P.1 D. CRY PROJECT NO. 6277 Salinas Construction 7734 FM 3006 Pla.santOn, TX 73064 SLC Corstru ttOn Bay Ltd. I Berry Construction 1163 Rodeo 1414 Com Products Aransas Pau, TX 75336 CC, TX 76400 Garrett Construction Garrett Rd O FM 2725 In61.s{de, TX 76362 Haas Anderson Cons/radian PO Box 7692 CC, TX 76467 H&G Construction 1225 Smdhem Minan,s CC, TX 76460 ITEM 1DESCRIPTION f OM I UNIT f UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT -.UNIT PRICE AMOUNT r' UNIT PRICE AMOUNT BASE BID - PART J: SIGNS AND MARKING J1 No Parking Anytime e(R7 -1) i4 EA 591.08 51,275,12 597.50 51,365.00. 590.00 51,260.00 589.30 51,250.20 586.00 51204.00 586.25 51,207.50 J2 Stop(R1-1) 2 EA 5244.87 $489.74 5227.50 5455.00 5200.00 5400.00 5130.95 $261.90 5201.00 $402.00 5200.00 5400.00 J3 No Trucks (R5 -2) 1 EA 5165.24 5165.24 5123.50 5123.50 5120.00 5120.00 5125.00 5125.00 5109.00 5109.00 5110.00 5110.00 J4 Neighborhood Watch 1 EA 5198.24 5198.24 5110.50 5110.50 5110.00 5110.00 5107.15 $107.15 598.00 598.00 $98.00 598.00 15 Right Lane Must Turn Right (R3 -7) 1 EA ' 5286.24 5286.24 5214.50 5214,50 5210.00 5210.00 5154.80 $154.80 5190.00 5190.00 5190.00 5190.00 J6 Now Entering A Weed And Seed Community 1 EA $379.74 5379.74 5325.00 5325.00 5300.00 5300.00 5136.90 5136.90 5288.00 5288.00 5285.00 5285.00 J7 Street Sign (D3) "GREENWOOD" t EA t 5176.24 $176.24 $84.50 584.50 $80.00 180.00 5119.05 5119.05 $75.00 575.00 575.00 575.00 J8 Stmt Sign (1)3) "BARCELONA DR" 1 EA 5176.24 5176.24 $84.50 $84.50 180.00 $80.00 595.25 $95.25 $75.00 575.00 575.00 375.00 J9 Left only! Straight Only x 2 4 EA 5229.69 5918.76 5240.50 5962.00 $240.00 $960.00 $428.60 51, 714.40 5213.00 5852.00 5212.75 $851.00 J10 Double Left Only 1 EA $308.24 5308.24 5240.50 5240.50 5240.00 5240.00 $381.00 5381.00 5213.00 5213.00 5212.75 $212.75 111 Straight Only! Straight & Right 3 EA 5238.41 571523 5240.50 5721.50 5240.00 5720.00 $321.45 5964.35 5213.00 5639.00 5212.75 $638.25 112 Left Only x 2I Right Only 1 EA $308.24 5308.24 5240.50 5240.50 5240.00 $240.00 $416.70 1416.70 5213.00 5213.00 5212.75 5212.75 J13 Sign assemblies (mcl pole +foundation +installation) 25 EA 5262.69 56,567.25 5305.50 57.637,50, 5260.00 $6, 500.00 5333.35 $8, 333.75 5270.00 $6,750.00 5275.00 56,875.00 114 Remove and Replace Signs 30 EA 5316.99 59,509.70 5370.50 511,115.00 $300.00 59,000.00 5666.75 520,002.50 5328.00 59,840.00 $325.00 59,750.00 J15 Remove Signs 2 EA r 5217.37 $434.74 5195.00 $390.00 5160.00 5320.00 5107.15 5214,30 5173.00 5346.00 5175.00 5350.00 116 Pavement Marking (Right Htrow) 3 EA 5419,91 51,259,73 $455.00 51,365.00 5400.00 51,200.00 $416.70 51.250.10 $403.00 51,209.00 $405.00 51,215.00 117 Pavement Marking (Left Arrow) 7 EA 5 399.96 52,799.72 5455.00 53, 185.00 5400.00 52, 800.00 5416.70 12,916.90 $403.00 52,821.00 $405.00 52,835.00 118 Paverumt Marking (Only) 5 EA $433.45 52,16725 $487.50 $2,437.50 $450.00 32, 250.00 5446.50 52, 232.50 5431.00 52.155.00 $435.00 52,175.00 11 4" White Stripe (Solid) 808 LF 50.57 546056 50.52 $420.16 $0.50 5404.00 I 50.50 5404.00 50.50 5404.00 50.50 $404.00 1 8" White Stripe (Solid) 605 LF 51.05 5635.25 51.04 5629.20 51.00 5605.00 I $0.95 $574.75 $1.00 5605.00 50.95 $574,75 J30 4" Yellow Siripe(Solid) 4610 LF $0.41 $1,890.10 30.46 52,120.60 50.45 52,074.50 50.40 51,844.00 $0.50 52,305.00 50.40 51,844.00 r J2A 4" Double Yellow Stripe (Solid) 1630 LF 50.83 51,352.90 50.91 51,483.30 50.90 51,467.00 50.85 51,385.50 51.00 51,630.00 $0.85 51,385.50 J23 4" White Snipe (6'- LO' WO 84 LF 52.35 5197.40 11,30 510920 51.30 510920 5120 5100.80 51.15 596.60 51.15 596.60 J24 4" White Stripe (10' - 30' Skip) 1950 LF $0.49 $955.50 50.52 51,014.00 50.50 5975.00 50.50 5975.00 50,50 5975.00 50.45 5877.50 125 4" Yellow Stripe (10' - 34' Skip) 1050 LF 50.54 5567.00 50.52 5546.00 50.50 5525.00 50.50 $525.00 $0.50 5525.00 $0A5 $472.50 J26 Yellow Stripe (Solid) 409 LF 58.51 53, 480.59 59.75 53.987.75 59.00 53,681.00 58.95 53,660.55 $8.76 53,578.75 58.65 53,537.85 J27 _24" Type II -A -A Raised Pavement Markers 554 EA 58.77 $4,858.58 55.20 52.880.80 55.00 52,770.00 $4,75 52, 631.50 54.60 32,548.40 $4.60 52,548.40 ! .128 Type 1-C Raised Pavement Markers 135 EA 15.73 $773.55 55.85 $789.75 $5.00 5675.00: $5.35 5722.25 $525 $708.75 35.15 $69525 J29 Painted Crosswalk Stripes 1791 I.F 53.91 57,002.81 $4.55 58,149.05 54.00 • 57,164,00 ; ; $4.15 57,432.65 $4.00 57,164.00 $4.00 57,164,00 130 Painted Crosswalk 24" Stripes 1810 LF 37.76 514,045.60 59.10 516,471.00 58.00 $14,480,00 $8.35 515,113.50 $8.00 514.480.00 $8.05 $14,570.50 131 24" Stop Bars 407 LF 58.51 53, 463.57 59.75 53,968.25 $9.00 53, 663.00 58.95 $3, 642.65 $8.75 53,561.25 $8.05 53,276.35 Subtotal Part J' (Items JI through J311 $67,819.07 $73,626.06 . $64382.70. $79,688.90 566,060.75 $65,00245 Tabulated by Chris Scheliler E.I.T.• NDR { SHINER MOSELEY DATE: January 25, 2008 TABULATION OF BIDS DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TX TIME OF COMPLETION: 354 Calendar Da • • GREENWOOD DRIVE, PHASE 1 FROM GOLLIHAR TO S.P.1.D. CITY PROJECT NO.8277 Salinas Construction 3734 FM Pleasanton. 3006 TX T5064 SLC Coneduction 1165 Rade, A,51151, Pass, TX 78336 T Say Ltd.1 Berry Canmuetien 1414 Corn Products CC, TX 76406 Garrett Construction Garrett Rd G. FM 2725 In6NSIda, TX 76362 was Andersen Construction PO Sox Tei5 CC. TX 7x467 Nt,GCmeeuction 1725 Southern Minerals CC, TX 76460 ITEM DESCRIPTION CITY. I UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT ADDITIVE ALTERNATE NO. 1 AA1 -1 16" HDPE Pipe (DR11) - Directional Dnll 550 LF _ $154.69 585,079.50 I 5114.40 562,920.00 1 5159.00 587.450.00 5295.50 5162,525.00 $331.00 $182,050.00 5188.00 5103.400.00 M1 -2 10" IMPS Pipe (DR11) - Directional Drill 550 LF $126.15 569.382.50: 5107.90 559,345.00 I 581.00 $44,550.00 581.25 $44.687.50 5 91.00 $50,050.00 580.00 544,000.00 M1 -3 8" PVC Pipe (C -900) 371 LF 551.06 518,943.26 I 554.91 520,371.61 1 5128.00 $47,488.00 5104.75 538,862.25 5117.00 $43,407.00 5145.00 553,795.00 M1-4 Traffic Control Plan 1 LS 57,150.00 57.150.00 ' 57,000.00 57,000.00 1 $11.000.00 511,000.00 57,652,10 $7.652.10 I 513,000.00 513,000.00 519,500.00 519,500.00 AA1 -5 Grout and Abandon Existing Line 825 LF 56.83 $5,634.75 $8.40 56,930.00 ; $12.00 $9.900.00 ' 510.60 $8,745.00 $12.00 59,900.00 57.35 $6,063.75 Subtotal Additive Alternate No. 1 Items AA1 -1 throu • h AA1 -5 $186,190 01 $156,566.61 rs $200,388.00 $262471.85 $298,407.00 $226,758.75 ®MJDESCRIP7ION CITY. UNIT UNR PRICE AMOUM UNIT PRICE AMOUNT UNIT PRICE f AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNR PRICE AMOUNT • • DITNE ALTERNATE NO. 2 AA2 -1 4" Schedule 80 PVC Conduit 3400 LF $30.02 5103428.00 $35.75 5121.550.00 I 530.00 5102.000.00 53340 5113,560.00 $33.75 5114,750.00 $31.65 5107,610.00 AA2 -2 4" Schedule 80 PVC Conduit, Installed by Baring 500 IF $34.39 517,195.00 $40.30 520,150.00 ' $34.50 $17,250.00 537.65 $18,825.00 538.00 519.000.00 $35.55 517.825.00 AA2 -3 Type X Ground Boxes for Fiber Optic Conduit 5 IF $1,918.45 39,59225 52,242.50 511,212.50 51,890.00 59,450.00 52,094.60 510,473.00 52.000.00 510,000.00 51.985.00 59,925.00 Subtotal Additive Alternate No. 2 hems AA2-1 throu, h AA2 -3 $130,2125 $152,912.50 5128,700.00 $142,858.00 $143,750.00 $135,360.001 Page 7 of 7 HORNE LOLiTA MENDOZA Cr) u ETD - B _00IviING T ON Laguna Park 0 �� IEI i h Greenwood /,%'n Rl,� // Park \RF��� ii /�4`` 04 1 SKINK I emple il,, f Park -- uJ 43 �, k 0�.,_ "1 /V , c,; � L .-_Q. \fin ��` Sn'L iti /Jahn Midway Jones Park AiA, Park ,, /,� 'EST POINT NATIONAL VISTA ABASSADO r i Inwood f Park 1/4 i 1 OJECT # 6277 • ( ` � 1 / / ;` , ,,,� v/ lam. / ;'- - V'',- \ • /\ VICINITY MAP • -• 44'V AI NOT TO SCALE GREENWOOD DR, PHASE 1, FROM GOLLIHAR TO SPID (Bond Issue 2004) _4.9n_ EXHIBIT -1 CITY COUNCIL !EXHIBIT DEPARTMENT OFPNGINEERING� SERVCES PAGE: 1 of 1 DATE: 02 -14 -2008 MP' 1 MEMORANDUM To: Mayor and Council Members From: George K. Noe, City Manager; Mary Kay Fischer, City Attorney; Armando Chapa, City Secretary Subject : Agendas and Meeting Procedures Date: February 14, 2008 The City Attorney's Office participates in an international list serve where lawyers post questions related to municipal law. On Thursday, February 7, 2008, an attorney representing a smaller city in northeast Texas related that his mayor wanted to provide an agenda item to allow council members to report and discuss virtually any issue. His mayor had provided him with an agenda from each Corpus Christi and Stephenville as evidence that it can be done under the heading of Mayor's Report or Council Reports. He described the agenda items as "ambiguous agenda designations which let council members deliberate on whatever is on their minds," and asked how the agenda items complied with the Texas Open Meetings Act. After several posts to the list serve discussed theories supporting the practice and agenda items, the attorney with the Municipal Affairs Section of the Attorney General's Office responded that "it is not fine, since the City is imputed to know what its governing body's members know they will say." After reading that Corpus Christi's agenda had drawn the attention of an international audience, including an attorney with the Texas Attorney General's Office, with the general conclusion that our agenda is not consistent with the Texas Open Meetings Act, I scheduled a meeting with Armando to discuss revisions to our agenda, so that it would comply with the law. In Opinion No. JC -0169 (2000), attached, the Texas Attorney General addressed the common local government practice of having a "Public Comment" agenda item. The primary issue was whether such a posting meets the requirement of the Open Meetings Act that the governing body give written notice of the "subject" of each meeting. The Attorney General opined that, in general, such a posting would provide sufficient notice. However, the opinion addressed several related matters in a way which make it advisable to change our present agenda format. First, the opinion stated: We caution that the use of public comment or similar term will not provide adequate notice if the governmental body is, prior to the meeting, aware, or reasonably should have been aware, of specific topics to be raised. If, for example, a governmental body is apprised in advance that members of a particular neighborhood association will be present to comment on drainage problems, it must insure that its notice is tailored to its prior knowledge. (Emphasis added). Second, the opinion suggested that such a "Public Comment" posting is not sufficient to permit council members to respond to the public comment except: 1) to make a statement of factual information in response to an inquiry, or 2) to recite existing policy in response to an inquiry. Any discussion shall be limited to a proposal to place the subject on a future agenda or directing the person making the inquiry to visit with staff about the issue. Third, the opinion stated that a generic notice such as "employee briefing sessions" is an inadequate posting of the "subject." This appears to apply to our present postings such as "City Manager's Report," "Mayor's Update," and "Council and Other Reports" that the Municipal Affairs Section of the Attorney General's Office noted to be in violation of the Texas Open Meetings Act. While the matters addressed in the opinion do not fall within any criminal provision of the Open Meetings Act because the activities are conducted entirely at an open meeting, it is advisable to modify our practices to conform with the opinion since an action taken by the governmental body in violation of the Texas Open Meetings Act is voidable. Consequently, we recommend the following: 1. Persons who wish to speak under "Public Comment" must sign in before the "Public Comment" session begins. a) If the person wishes to comment about an agenda item, he/she must identify the agenda item that they wish to discuss. If the Public Comment relates to an agenda item, the City Council may discuss the item, since it was properly posted on the agenda. b) If a person speaks under "Public Comment" about an item not posted on the agenda, the governing body may not deliberate about an unposted issue. If an unposted item is raised, the City Council has three options: 1) make a statement of specific factual information or recite the governmental body's existing policy on that issue, 2) direct the person making the inquiry to visit with staff about the issue or 3) offer to place the item on the agenda for discussion at a future open meeting. 2 Eliminate the "City Manager's Report ", "Mayor's Update" and "Council and Other Reports" because they do not provide the public with sufficient notice as to the subjects that will be discussed at a public meeting. These agenda items fail to meet the requirement of the Open Meetings Act that the governing body give written notice of the "subject" of each meeting. Attached is revised agenda language which would implement the recommendation made in this memorandum. George K. Noe M. •4ay El chier City Manager City A omey Armando Chapa City Secretary PROPOSED AGENDA CHANGES PUBLIC COMMENT WILL BE RECEIVED FROM PERSONS WHO HAVE SIGNED UP ON THE FORM AT THE REAR OF THE COUNCIL CHAMBER PRIOR TO THE BEGINNING OF THE PUBLIC COMMENT SEGMENT. PUBLIC COMMENT WILL BE HEARD AT APPROXIMATELY 12:00 P.M. OR AT THE END OF THE COUNCIL MEETING, WHICH EVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. (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 topic, please present it to the City Secretary.) THE MAYOR OR COUNCIL MEMBERS MAY BRIEFLY RESPOND TO PUBLIC COMMENTS THAT RELATE TO POSTED AGENDA ITEMS. THE MAYOR OR COUNCIL MEMBERS MAY NOT DELIBERATE ON ITEMS NOT POSTED ON THE AGENDA. If an unposted item is raised, the City Council has three options: 1) make a statement of specific factual information or recite the governmental body's existing policy on that issue, 2) direct the person making the inquiry to visit with staff about the issue or 3) offer to place the item on the agenda for discussion at a future open meeting. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. 4.....„..._- OFFICE OF THE ATTORNEY GENERAL • STATE OF TEXAS JOHN CORNYN January 24, 2000 The Honorable Tim Curry Tarrant County Criminal District Attorney Justice Center 401 West Belknap Fort Worth, Texas 76196 -0201 Opinion No. JC -0169 Re: Whether a governmental body may permit members of the public to comment at public meetings on matters not specified in the posted meeting notice (RQ- 0098 -JC) Dear Mr. Curry: You have requested our opinion as to whether a governmental body may permit members of the public to offer comments at public meetings regarding matters not specified in the posted meeting notice. We conclude that it may do so. The Open Meetings Act, chapter 551 of the Government Code, requires that every meeting of a governmental body be open to the public, except for executive sessions as permitted by the statute. See TEX. GOVT CODE ANN. § 551.002 (Vernon 1994). A meeting that is `open to the public" under the Act is one that the public is entitled to attend. See Tex. Att'y Gen. Op. No. M -220 (1968) at 5. The Act does not give the public a right to speak at such meetings. See Charlestown Homeowners Assn, Inc. v. LaCoke, 507 S.W.2d 876, 883 (Tex. Civ. App. —Dallas 1974, writ ref d n.r.e.); Tex. Att'y Gen. Op. Nos. IM-584 (1986) at 3; H -188 (1973) at 2; Tex. Att'y Gen. LO -96- 111, at 1; see also Eudaly v. City of Colleyville, 642 S.W.2d 75, 77 (Tex. App.—Fort Worth 1982, writ ref d n.r.e.) (distinguishing between "public meeting," where public was not entitled to comment, and "public hearing," where public was entitled to comment). If a governmental body wishes to allow members of the public to speak at its public meetings, it may adopt reasonable rules consistent with relevant provisions of law allowing them to do so. See Tex. Att'y Gen. Op. No. H -188 (1973) at 2; Tex. Att'y Gen. LO- 96 -1I1, at 1. As you point out in your request letter, numerous governmental bodies have allowed for public comment at their meetings, subject to rules they have developed. You indicate: [I]t has become increasingly common for units of local government to invite any member of the public to make whatever comments they desire in the public forum at the time of the public meeting. Some entities permit any member of the public to speak as long as they desire; others permit a few minutes per speaker per meeting. The member of the public typically shows up, fills out a card indicating they wish to address the body; and then is called upon when the —434— The Honorable Tim Curry - Page 2 (JC-0169) comments section of the meeting is reached. Topics are usually entirely at the discretion of the speaker. Letter from Honorable Tim Curry, Tarrant County Criminal District Attorney, to Honorable John Cornyn, Texas Attorney General, at 3 (Aug. 6, 1999) (on file with Opinion Committee). Prior to 1987, a "meeting" under the Open Meetings Act was defined to require a "deliberation" between the members of a governmental body. Thus, members of a governmental body could meet privately to receive information from and ask questions of their employees or of third parties, so long as they did not discuss any public business among themselves. See Dallas Morning News Co. v. Board of Trustees, 861 S.W.2d 532 (Tex. App. — Dallas 1993, writ denied). In 1987, the definition of "meeting" was amended to include any deliberation "between a quorum of members of a governmental body and any other person" at which public business or policy is discussed or at which formal action is taken. Act of May 31, 1987, 70th Leg., R.S., ch. 549, § 1, 1987 Tex. Gen. Laws 2211. The definition of "deliberation" was simultaneously amended to include a "verbal exchange during a meeting ... between a quorum of members of a governmental body and any other person." Id. In Dallas Morning News Co., the court found that: a briefing session with third parties where the public is excluded and the governmental body does not engage in a verbal exchange with representatives of the third party or engage in verbal exchange between its own members about the issue within its jurisdiction or any other public business, is not a deliberation as defined by the Act. Therefore, there is not a meeting as defined by the Act. Dallas Morning News Co., 861 S.W.2d at 537. Thus, between 1987 and 1999, when a quorum of a governmental body met to listen in silence to a briefing by a third party, that gathering did not fall within the definition of "meeting" and was hence not subject to the Open Meetings Act. Consequently, from 1987 to 1999, a governmental body could hold a "public comment" session without providing specific notice of the topics to be discussed, on the ground that, so long as its members merely listened, the gathering was not a "meeting." In its most recent session, the legislature once again amended the definition of "meeting" to provide: (A) a deliberation between a quorum of a governmental body, or between a quorum of a governmental body and another person, during which public business or public policy over which the governmental body has supervision or control is discussed or considered or during which the governmental body takes formal action; or —435- The Honorable Tim Curry - Page 3 (JC -0169) (B) except as otherwise provided by this subdivision, a gathering: (i) that is conducted by the governmental body or for which the governmental body is responsible; (ii) at which a quorum of members of the governmental body is present; (iii) that has been called by the governmental body; and (iv) at which the members receive information from, give information to, ask questions of or receive questions from any third person, including an employee of the governmental body, about the public business or public policy aver which the governmental body r has supervision or control. The term does not the gathering of a quorum of a governmental body at a social function unrelated to the public business that is conducted by the body, or the attendance by a quorum of a governmental body at a regional, state, or national convention or workshop, if formal action is not taken and any discussion of public business is incidental to the social function, convention, or workshop. The term includes a session of a governmental body. TEX. GOVT CODE ANN. § 551.001(4) (Vernon Tex. Gen. Laws 3218 (emphas$uadded)Act As a May 22, 1999, 76th Leg., R.S., ch. 647, § 1, 1999 result of this new language, it is clear that a "public comment" session is now encompassed within the definition of "meeting," since "public comment" necessarily implies that the "members" of the governmental body will "receive information from ... or receive questions from [a] third person." See id. The Open Meetings Act requires written notice of all meetings. Section 551.041 provides that "[a] governmental body shall give written notice of the date, hour, place, and subject of each meeting held by the governmental body." Id. § 551.041 (Vernon 1994) (emphasis added). See City of San Antonio v. Fourth Court of Appeals, 820 S.W.2d 762, 765 (Tex. 1991); see also Texas Turnpike Auth. v. City of Fort Worth, 554 S.W.2d Notice should be more specific where the matter City of San Marcos, 523 S.W.2d 641 (Tex. 1975). 706 S.W.2d is of particular interest to the public. See Cox Enterprises, Inc. v. Board of Trustees, 956, 958 -59 (Tex. 1986). In 1975, this office said that such terms as "new business," "old business," "regular or routine business," or "other business" were insufficient to inform the public of the nature of the items to be addressed. Tex. Att'y Gen. Op. No H -662 (1975) at 3. On their face, these cases and opinions might seem to preclude the use of a broad term such as "public comment." Such a The Honorable Tim Curry - Page 4 (JC-0169) reading, however, would misconstrue the purpose both of the statute's notice requirement and of a "public comment" session. The cases and opinions cited above construe the notice requirements of the Open Meetings Act to further the statute's intended purpose of opening governmental decision- making to the public. The public comment sessions at issue do not involve deliberations by a governmental body. The Dallas Morning News case, the only judicial decision to address one-way ml communications Saeba agency parties to a governmental body, concerned a formal report by a representative g y with supervisory authority over the school district. The meeting in Dallas Morning News Co. was very different from the public comment sessions you have described. The school board knew well before the meeting that a Texas Education Agency representative would present a report on the district's accreditation. Had it been required to post notice of the meeting, it could easily have done so. A governmental body decides what it will discuss at its meetings, and it knows or can learn in advance the subject matter of reports or briefings by employees, consultants, auditors, persons engaged in business with the governmental body, and by other third parties with a special connection to the governmental body. Thus, there are no particular difficulties in providing notice of the subject matter of such presentations. Unlike such briefings and presentations for which a governmental body may post specific notice of the particular subject matter, public comment sessions pose notable difficulties in predicting the subject matter of citizen comments and questions. We cannot expect a governmental body to divine or foresee the myriad of matters its foconstituents itizens to speak their minds on n unlimited public comment sessions provide an opportunity variety of subjects. They furnish an outlet for real and imagined grievances. Moreover, they are held, not behind closed doors, but in the bright light of an open forum. They have been an integral part of public meetings since well before the adoption of the Open Meetings Act in 1967. See e.g., State v. Hellman, 36 S.W.2d 1002, 1004 (Tex. 1931) (" [Fjrequently citizens interested in matters to be acted upon by the council appeared before them at their meetings."); Swank v. Sharp, 358 S.W.2d 950, 951 (Tex. Civ. App. – Dallas 1962, no writ) ([Rjules of the Council shall provide that citizens ... shall have a reasonable opportunity to be heard.. ") (citation omitted). There is not the slightest indication in the record that the legislature, by amending the definition of "meeting" in 1999, meant to abolish them. To require specific notice o f the items raised during a public comment session would, we think, effectively end the practice. This construction — entirely prohibiting public comment sessions —is inconsistent with the principles of open government advanced by the Open Meetings Act. Thus, we conclude that while such sessions constitute meetings for which notice must be given, the terms "public comment, "public forum," "open mike," or some other generic term, provide sufficient notice for the kind of sessions you describe. We caution that the use of "public comment" or similar term will not provide adequate notice if the governmental body is, prior to the meeting, aware, or reasonably should have been aware, of specific topics to be raised. If, for example, a governmental body is apprised in advance that members of a particular neighborhood association will be present to comment on drainage –437– The Honorable Tim Curry - Page 5 (JC-0169) problems, it must insure that its notice is tailored to its prior knowledge. See Cox Enterprises, 706 S.W.2d 956. We must also briefly explain how our conclusion here relates to section 551.042 of the Act. That section provides: (a) If, at a meeting of a governmental body, a member of the public or ofthe governmental body inquires about a subject for which notice has not been given as required by this subchapter, the notice provisions of this subchapter do not apply: (1) a statement of specific factual information given in response to the inquiry; or (2) a recitation of existing policy in response to the inquiry. (b) any deliberation of or decision about the subject of the inquiry shall be limited to a proposal to place the subject on the agenda for a subsequent meeting. TEX. GOV'T CODE ANN. § 551.042 (Vernon 1994). This provision relates to "inquiries" from members of the public. Its purpose is to authorize a governmental body to make a limited response to an inquiry from the public about a subject not included on the posted notice and to prevent it from engaging in "deliberation" or making a "decision" about the subject matter of the inquiry. When an inquiry or a comment from a member of the public requires such deliberation or decision, members of the governmental body may respond merely that the matter shall be placed on a future agenda. You also ask whether "employee briefing sessions" may be held without specific notice under the category denominated "public comment" or "staff briefing." Between 1987 and 1999, "employee briefing sessions" were permitted to be held in executive session. Section 551.075 provided: (a) This chapter does not require a governmental body to confer with one or more employees of the governmental body in an open meeting if the only purpose of the conference is to: (1) receive information from the employees; or (2) question the employees. (b) During a conference under Subsection (a), members of the governmental body may not deliberate public business or agency policy that affects public business. —438— The Honorable Tim Curry - Page 7 (JC-0169) S U M M A R Y "Public comrnent" provides sufficient notice under the Open Meetings Act of the subject matter of "public comment" sessions where the general public addresses the governmental body about its concerns and where the governmental body does not continent or deliberate except as authorized by section 551.042 of the Government Code. "Employee briefing" or "staffbriefing" does not give adequate notice of subjects presented to a governmental body by employees or staff members. Yo s very truly, JOHN CORNYN Attorney General of Texas ANDY TAYLOR First Assistant Attorney General CLARK KENT ERVIN Deputy Attorney General - General Counsel ELIZABETH ROBINSON Chair, Opinion Committee Rick Gilpin Assistant Attorney General - Opinion Committee CITY COUNCIL AGENDA ATION PRESENT AGENDA ITEMegarding the 2008 China Trade Mission, co-organized by the Nation�% A presentation n is an opportunity for local businesses that have art League of Cities. o China. mission interest in exporting STAFF PRESENTER(S). Name TitielPosition OUTSIDE PRESENTER(S). TitlelPosition Name a Association 1. George Wang, Ph.D. President - U.S� China Exchang BACKGROUND: providing U.S. companies with BA based on their own buslnesS pq ,the China Trade Mission has fully p ilium 5i Since p to explore the China U.S. small -me zeq the opportunity ear's mission are to help interests. The focuses of this year's and meet their other business develops -bent tnt export to C companies increase exp needs. China's mayor port City with Ning bo { ear's event will include visits town ld) and Beijing This y longest bridge in the the newly built long REQUIRED COUNCIL ACTION: De s artment Or • anization PowerPoint ❑ Supplemental information .) /\ rma Ca : hero V, Director of Economic Development -443- CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Presentation of the 2007 Uniform Crime Report statistics. STAFF PRESENTER(S): Name Title/Position Department 1. Bryan P. Smith Chief of Police Police OUTSIDE PRESENTER(S): Name Title/Position Organization 1. ISSUE: 2007 Crime Statistics BACKGROUND: Development of the 2007 UCR presented a number of challenges, primarily related to recent changes in technology and staffing. In July of 2007, the Police Department (CCPD) replaced its fifteen year old Tiburon Records Management System (RMS) with a new Records Management System from Intergraph. While the new RMS holds the promise of more effective and efficient police service in the long -term, it also presents a number of transitional concerns that affect our immediate service delivery model and the consistency of our UCR. Police departments classify criminal offenses by state statute categories, since that is how the cases will be filed and prosecuted. The UCR is a set of crime categories, distinct and unrelated to the statute categories of any particular state, that were established by the Federal Bureau of Investigation (FBI) to provide consistent reporting from cities across the United States. Therefore, police departments must `translate" their state statute -based offense classifications into UCR -based categories for submission to the Texas Department of Public Safety and the FBI. After implementing the new Intergraph RMS, we quickly Teamed that it was not accurately translating our offense reports into accurate UCR codes. In addition, a number of personnel changes added to the complexity of this problem. In 2007, our highly experienced UCR clerk was promoted and moved to another assignment, and our Criminal Investigation Division Lieutenant most knowledgeable in UCR coding issues retired. It is important to recognize that transitioning to a new computerized RMS can affect the consistency of reporting between crime categories, making a year to year comparison of crime problematic. Therefore, you should view one year deviations (2006 -2007) with skepticism, recognizing that crime trends are measured in units of 3-5 years or more. Also, UCR categories that lend themselves to inconsistencies in interpretation (Burglary — Larceny/Theft) should be viewed in the aggregate (total property crimes) in order to neutralize these one -year transitional issues. REQUIRED COUNCIL ACTION: No action required. Additional Background Exhibits ❑ Bryan P. Smith Chief of Police Corpus Christi Police Department 2007 Uniform Crime Report Presentation Federal Bureau of Investigation Uniform Crime Report Disclaimers "Since crime is a sociological phenomenon influenced by a variety of factors, the FBI discourages data users from ranking agencies and using the data as a measurement of law enforcement effectiveness." "Finally, in a given year, nearly 17,000 agencies contribute data to the FBI; however, because of computer problems, changes in record management systems, personnel shortages, or a number of other reasons, some agencies cannot provide data for publication. The FBI appreciates the conscientious efforts made by law enforcement." http://www.fbi.gov/ucr/word.htm 2 9 - -448 -- Uniform Crime Report Issues and Concerns • Implementation of new CAD/RMS system • Mid -year transition to new RMS (June, 2007) • Transitional glitches in new system related to UCR • Department -wide emphasis on Automated Field Reporting (AFR) Change in personnel affect consistency in reporting • Homicide Lieutenant retirement • UCR Clerk promotion/transfer Texas DPS notes inaccuracies in January — June UCR UCR updates to Texas DPS were delayed by mutual agreement to allow for corrections The entire Central Records staff retooled operations to recalculate UCR 3 Uniform Crime Report Issues and Concerns • Computerized system assures that reported crimes do not fall through the cracks when tallying UCR • Due to potential crossover in translating `Burglary" and "Larcency /Theft," these categories should be combined for the purposes of 2006 --- 2007 comparison • Corpus Christi, like most Texas cities, is still over- reporting crime due to the difficulties in applying the UCR "time /proximity" rule 4 —449— 2 2007 Uniform Crime Report Graphical Breakdown p %1% 2% 8% Uniform Crime Report Statistical Breakdown 4% _ ® 2006 -2007 COMPARISON D Murder ■ Rape DRobbery 0Pggravated Assault • Burglary 0 Larceny/Theft 0 Motor Vehicle Theft Classification of Offenses By MONTH YEAR - TO - DATE 2007 2006 % Change 2007 2006 % Change Murder 2 1 100.00% 17 20 - 15.00% Rape 21 10 110.00% 238 167 42.51% Robbery 46 37 24.32% 497 468 6.20% Aggravated Assault 118 117 0.85% 1,615 1,412 14.38% Burglary 306 249 22.89% 3,407 3,004 13.42% -1.94 Larceny/Theft 1,159 1,148 0.96% 14,501 15,259 -4.97% Motor Vehicle Theft 63 75 - 16.00% 824 872 -5.50% 5 Crime Index Total 1,715 1,637 4.76% 21,099 21,202 -0.49% 2007 Uniform Crime Report Graphical Breakdown p %1% 2% 8% 4% _ ® 16% D Murder ■ Rape DRobbery 0Pggravated Assault • Burglary 0 Larceny/Theft 0 Motor Vehicle Theft 69% Theft & Burglary represent 85% of all crime 6 —450— 3 2007 Uniform Crime Report Graphical Breakdown OGNnea Against Persons ■Crimea AYAlnsl Pmparty Crimes Against Persons -- Homicide, Rape, Robbery, Aggravated Assault Crimes Against Property — Burglary, Motor Vehicle Theft, Larceny 7 Number of Crimes 3,500 3,000 2,500 2,000 1,500 1,000 500 Crimes Against Persons (Homicide, Rape, Robbery, Aggravated Assault) 2j167 — 2,482 2,481 2,462 2' 67 2,095 — — — 2,102 — iiiII____ 2,063 — .. 1. ,998 2,048 mil 2,067 — — — ' — 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 Year e -451 -- 4 300 Criminal Homicide Sexual Assault 40 35 250 30 25 mit 20- 15= 150 - VW 10 I 1r V 5- 100 - 0 50 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 0 9 300 Sexual Assault 250 200 150 - 100 - 50 0 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 Year 10 -452- 5 2,500 Aggravated Assault 2,000 1,500 1,000 500 - r 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 12 6 —453— Robbery 700 600 500 400 - 300 - 200 - 100 - 0 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 11 2,500 Aggravated Assault 2,000 1,500 1,000 500 - r 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 12 6 —453— Number of Crimes 30,000 25,000 20,000 15,000 10,000 5,000 Crimes Against Property (Burglary, Larceny, Auto Theft) 26,903 20,415 20,069 19,174 20,101 19,939 20,133 17 90 19,135 16 732 , 17,905 _ 1997 1998 1999 2000 2001 2002 Year 2003 2004 2005 2006 2007 13 5,000 4,500 4,000 3,500 3,000 2,500 2,000 1,500 1,000 500 Burglary 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 14 -454- 7 1,800 1,600 1,400 - 1,200 - 1,000 - 800 - 600 - 400 , 200 Motor Vehicle Theft Nor- 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 15 25,000 20,000 Larceny /Theft 15,000 - 10,000 - 5,000 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 16 8 -455- Corpus Christi Police Department 2007 Uniform Crime Report Presentation 17 -456- 9 City of Erl Corpus Christi