HomeMy WebLinkAboutAgenda Packet City Council - 08/12/2008CITY COUNCIL AGENDA
AUGUST 12, 2008
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11:45 A.M. - Commendations: "Student of Integrity Scholarship Recipients"
"At Your Service" Award, City Staff Recognition
AGENDA
CITY OF CORPUS CHRISTI
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD ST.
CORPUS CHRISTI, TEXAS 78401
AUGUST 12, 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 Usted desea dirigirse al Concilio y tree que su ingles es limitedo, habit un interprete ingles- espanol en todas las juntas
del Concilio para ayudarle.
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to
contact the City Secretary's office (at 361 - 826 -3105) at least 48 hours in advance so that appropriate arrangements can be
made.
A. Mayor Henry Garrett to call the meeting to order.
B. Invocation to be given by Pastor Mark Behrendt, Galilean 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 John Marez
Council Members:
Melody Cooper
Larry Elizondo, Sr.
Mike Hummell
Bill Kelly
Priscilla G. Leal
Michael McCutchon
Nelda Martinez
City Manager George K. Noe
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
E. MINUTES:
1. Approval of Regular Meeting of July 22, 2008. (Attachment # 1)
Agenda
Regular Council Meeting
August 12, 2008
Page 2
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2)
2. * Clean City Advisory Committee
* Commission on Children and Youth
* Community Youth Development (78415) Program
Steering Committee
* Corpus Christi Convention and Visitors Bureau
* Human Relations Commission
* Park and Recreation Advisory Committee
G. EXPLANATION OF COUNCIL ACTION:
For administrative convenience, certain of the agenda items are listed
as motions, resolutions, or ordinances. If deemed appropriate, the City
Council will use a different method of adoption from the one listed; may
finally pass an ordinance by adopting it as an emergency measure
rather than a two reading ordinance; or may modify the action
specified. A motion to reconsider may be made at this meeting of a
vote at the last regular, or a subsequent special meeting; such
agendas are incorporated herein for reconsideration and action on any
reconsidered item.
H. 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 fumished with background and support material on each item, and /or it
has been discussed at a previous meeting. All items will be acted upon by
one vote without being discussed separately unless requested by a Council
Member or a citizen, in which event the item or items will immediately be
withdrawn for individual consideration in its normal sequence after the items
not requiring separate discussion have been acted upon. The remaining items
will be adopted by one vote. -
CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES
FROM PREVIOUS MEETINGS:
(At this point the Council will vote on all motions, resolutions and ordinances
not removed for individual consideration)
Agenda
Regular Council Meeting
August 12, 2008
Page 3
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
3. Ordinance appropriating $228,012.99 from the unreserved fund
balance in the No. 1061-821001 Law Enforcement Federal Trust
Fund and appropriating $111,284.15 from the unreserved fund
balance in the No. 1061 - 821000 Law Enforcement State Trust
Fund for law enforcement equipment and related expenditures.
(Attachment # 3)
4. Motion amending the FY 2006 Port Security Grant to provide for
an additional $31,800 in the No. 1061 Police Grant Fund based
on a required increase in cash match for funding, increasing the
total project cost to $127,199, with $95,400 approved federal
funds and $31,800 cash match from the Law Enforcement Trust
Fund, to purchase law enforcement equipment for the Police
Department. (Attachment # 4)
5.a. Motion authorizing the City Manager or his designee to execute
all documents necessary to accept the grant from the America's
Promise Alliance in the amount of $10,000 for the purpose of
hosting a Dropout Prevention Leadership Summit during the first
quarter of 2009 that will allow community leaders to convene key
stakeholders to develop and /or advance action plans for
improving the high school graduation rate and ensuring young
people are ready for college /technical training, work and life.
(Attachment # 5)
5.b. Ordinance appropriating a $10,000 grant from the America's
Promise Alliance in the No. 1071 Community Enrichment Grants
Fund for the purpose of hosting a Dropout Prevention
Leadership Summit during the first quarter of 2009 that will allow
community leaders to convene key stakeholders to develop
and /or advance action plans for improving the high school
graduation rate and ensuring young people are ready for
college /technical training, work and life. (Attachment # 5)
6.a. Motion approving the purchase of continuous coverage product
maintenance from Intergraph Security, Government and
Infrastructure of Huntsville, Alabama in the amount of
$317,465.42 through July 31, 2009 for the Intergraph and third
party software packages. (Attachment # 6)
Agenda
Regular Council Meeting
August 12, 2008
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CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
6.b. Motion approving the purchase of continued annual maintenance
costs from Intergraph Security, Government and Infrastructure of
Huntsville, Alabama for software for the Intergraph and third
party software packages subject to annual appropriation of funds
based on sole source. (Attachment # 6)
7. Motion authorizing the City Manager to execute a Joint Election
Agreement with Nueces County for conducting a joint election
on November 4, 2008. (Attachment # 7)
8. Ordinance abandoning and vacating a 738 - square foot portion of
a 10 -foot wide utility easement out of Don Patricio subdivision,
Block S, Lot 12, and a one -half portion of Lot 13, and a one -half
portion of Lot 40 and all of Lot 41, between Flour Bluff Drive and
Lynhurst Drive; requiring the owner, L.C. Alty, LTD, to comply
with the specified conditions. (Attachment # 8)
9. Ordinance abandoning and vacating a 738 - square foot portion of
a 10 -foot wide utility easement out of Don Patricio subdivision,
Block S, a one -half portion of Lot 13, and all of Lot 14, and Lot
39, and a one -half portion of Lot 40, between Flour Bluff Drive
and Lynhurst Drive; requiring the owner, Johnston Family
Investments, LTD to comply with the specified conditions.
(Attachment # 9)
10. Ordinance abandoning and vacating a 975 - square foot portion of
a 10 -foot wide utility easement out of Padre Island- Corpus
Christi, Mariner's Cay Unit 2A, Block 2, Lots 10 -11, located
adjacent to the Cabana East Street public rights -of -way;
requiring the owner, Brite Star Construction, LP to comply with
the specified conditions. (Attachment # 10)
11. Motion authorizing the City Manager or his designee to execute
a construction contract with Grace Paving and Construction, of
Corpus Christi, Texas in the amount of $59,649.07 for the Dr.
Hector P. Garcia Park — Park Development Phase 1 for the Total
Base Bid with Additive Alternate B. (Attachment # 11)
12. Motion authorizing the City Manager or his designee to execute
Change Order No. 4 to the construction contract with R.S. Black
Civil Contractors, Inc. of Corpus Christi, Texas in the amount of
$182,034.50 for a total restated fee of $4,780,755.50 for the Oso
Water Reclamation Plant Clarifier Nos. 5, 6, 7, 8 /Aerobic
Dinester Nn 2 / Blower House No. 2 Improvements. (Attachment
Agenda
Regular Council Meeting
August 12, 2008
Page 5
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
13. Motion authorizing the City Manager or his designee to execute
a Construction Contract with Big State Excavation of Corpus
Christi, Texas in the amount of $1,880,406 for the Buckingham
Estates Lift Station Upgrade project for the Total Base Bid.
(Attachment # 13)
14. Motion authorizing the City Manager or his designee to execute
a Construction Contract with Haas Anderson Construction, Ltd.
of Corpus Christi, Texas in an amount not to exceed
$5,369,282.07 for the Corpus Christi International Airport
Taxiway Rehabilitation, Taxiway Signage /Lighting and Drainage
Phase VI Improvements. (Attachment # 14)
15. Motion authorizing the City Manager or his designee to execute
an engineering services contract with Bath Engineering Group,
Inc., of Corpus Christi, Texas in an amount not to exceed
$267,990 for the American Bank Center Chiller System
Upgrade /Replacement project. (Attachment # 15)
16.a. Motion authorizing the City Manager or his designee to execute
a Job Order Contract with Nuway International, Inc., of Corpus
Christi, Texas in the amount of $89,029.05 for the Oak Park
Recreation Center Renovations. (Bond Issue 2004) (Attachment
# 16)
16.b. Motion authorizing the City Manager or his designee to execute
a Job Order Contract with Nuway International, Inc., of Corpus
Christi, Texas in the amount of $154,752.34 for the Oso
Recreation Center Renovations. (Bond Issue 2004) (Attachment
# 16)
16.c. Motion authorizing the City Manager or his designee to execute
a Job Order Contract with Nuway International, Inc., of Corpus
Christi, Texas in the amount of $52,436.69 for the Joe Garza
Pool Renovations. (Bond Issue 2004) (Attachment # 16)
17.a. Ordinance, declaring City property located at 209 S. Carancahua
as surplus property to enable its sale and disposition contingent
upon the purchase, exchange, or construction of a new Fire
Department facility for use in training, equipment maintenance
and repair, classroom, or other related uses. (Attachment # 17)
Agenda
Regular Council Meeting
August 12, 2008
Page 6
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
17.b. Ordinance authorizing the advertisement and publication of the
sale or exchange of surplus City property located at 209 S.
Carancahua; reserving the right to reject any and all bids;
evaluating bids based on the most advantageous bid to the City,
with subsequent City Council action approving or rejecting the
selected bid. (Attachment # 17)
J. PUBLIC HEARINGS: (NONE)
K. REGULAR AGENDA
CONSIDERATION OF MOTIONS, RESOLUTIONS. AND ORDINANCES:
18.a. Motion authorizing the City Manager to execute an agreement
between the City of Corpus Christi and HitlCo Partners in the
amount of $84,000 for state governmental relations services.
(Attachment # 18)
18.b. Motion authorizing the City Manager to execute an agreement
between the City of Corpus Christi and Meyers & Associates in
the amount of $90,000 for federal governmental relations
services. (Attachment # 18)
19. Resolution approving a Small Business Incentive Agreement
between the Corpus Christi Business and Job Development
Corporation (4A Board) and ACCI6N Texas, Inc. for an interest
buy -down program for small businesses; and authorizing the City
Manager or his designee to execute a Small Business Incentive
Project Support Agreement with the Corpus Christi Business and
Job Development Corporation regarding implementation and
administration of the ACCI6N Texas Small Business Incentive
Agreement. (Tabled from 07129108) (Attachment # 19)
20. Resolution supporting Calixas Holdings, LLC endeavor to
establish operations in the Coastal Bend Area and to obtain
State and Federal funding. (Attachment # 20)
21.a. Resolution authorizing the Corpus Christi Business and Job
Development Corporation ( "Corporation ") to execute an
affordable housing project agreement with the City of Corpus
Christi in the amount of $150,000 for home buyer assistance,
and authorizing the City Manager or his designee to execute an
-- . . ..a44, +ha
Agenda
Regular Council Meeting
August 12, 2008
Page 7
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Corporation regarding implementation and administration of the
affordable housing project agreement between the Corporation
and City of Corpus Christi. (Attachment # 21)
21.b. Resolution authorizing the Corpus Christi Business and Job
Development Corporation ("Corporation") to execute an
affordable housing project agreement with Nueces County
Community Action Agency, in the amount of $25,000 for
affordable housing programs marketing campaign, and
authorizing the City Manager or his designee to execute an
affordable housing project service agreement with the
Corporation regarding implementation and administration of the
affordable housing project agreement between the Corporation
and Nueces County Community Action Agency. (Attachment
#21)
21.c. Resolution authorizing the Corpus Christi Business and Job
Development Corporation ( "Corporation ") to execute an
affordable housing project agreement with Nueces County
Community Action Agency, in the amount of $200,000 for home
buyer assistance, and authorizing the City Manager or his
designee to execute an affordable housing project service
agreement with the Corporation regarding implementation and
administration of the affordable housing project agreement
between the Corporation and Nueces County Community Action
Agency. (Attachment # 21)
21.d. Resolution authorizing the Corpus Christi Business and Job
Development Corporation ( "Corporation ") to execute an
affordable housing project agreement with the City of Corpus
Christi, in the amount of $32,500 for reimbursement of support
services provided to 4A affordable housing programs, and
authorizing the City Manager or his designee to execute an
affordable housing project service agreement with the
Corporation regarding implementation and administration of the
affordable housing project agreement between the Corporation
and the City of Corpus Christi. (Attachment # 21)
21.e. Resolution authorizing the Corpus Christi Business and Job
Development Corporation ( "Corporation ") to execute an
affordable housing project agreement with Vanguard Hall
Consulting Firm, Inc., in the amount of $180,000 for home
•___ Ann•ncr nr hic
Agenda
Regular Council Meeting
August 12,2008
Page 8
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
designee to execute an affordable housing project service
agreement with the Corporation regarding implementation and
administration of the affordable housing project agreement
between Corporation and Vanguard Hall Consulting Firm, Inc.
(Attachment # 21)
21.f. Resolution authorizing the Corpus Christi Business and Job
Development Corporation ( "Corporation ") to execute an
affordable housing project agreement with Habitat for Humanity
— Corpus Christi, Inc., in the amount of $160,000 for new home
construction, and authorizing the City Manager or his designee
to execute an affordable housing project service agreement with
the Corporation regarding implementation and administration of
the affordable housing project agreement between Corporation
and Habitat for Humanity — Corpus Christi, Inc. (Attachment
#21)
21.g. Resolution authorizing the Corpus Christi Business and Job
Development Corporation ( "Corporation ") to execute an
affordable housing project agreement with Coastal Bend Center
for Independent Living, in the amount of $80,000 for Home of
Your Own Program, and authorizing the City Manager or his
designee to execute an affordable housing project service
agreement with the Corporation regarding implementation and
administration of the affordable housing project agreement
between Corporation and Coastal Bend Center for Independent
Living. (Attachment # 21)
21.h. Resolution authorizing the Corpus Christi Business and Job
Development Corporation ( "Corporation ") to execute an
affordable housing project agreement with Catholic Charities of
Corpus Christi, Inc., in the amount of $56,000 for homebuyer
education and counseling program, and authorizing the City
Manager or his designee to execute an affordable housing
project service agreement with the Corporation regarding
implementation and administration of the affordable housing
project agreement between Corporation and Catholic Charities of
Corpus Christi, Inc. (Attachment # 21)
21.i. Resolution authorizing the Corpus Christi Business and Job
Development Corporation ( "Corporation ") to execute an
affordable housing project agreement with Corpus Christi
Agenda
Regular Council Meeting
August 12, 2008
Page 9
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
for a new home construction project, and authorizing the City
Manager or his designee to execute an affordable housing
project service agreement with the Corporation regarding
implementation and administration of the affordable housing
project agreement between Corporation and Corpus Christi
Community Development Corporation. (Attachment # 21)
22. Discussion and consideration of placing a ballot measure on the
November4, 2008 election to restrict vehicular access to and on
the portion of the Gulf of Mexico beach seaward of the concrete
portion of the Padre Island seawall. (Attachment # 22)
23. Resolution approving a recommendation from the Human
Relations Commission that the City of Corpus Christi explore the
development of a Four (4) Year Scholarship Program and
authorizing the City Manager or his designee to establish an ad
hoc committee of a broad spectrum of stakeholders to support
this process. (To be considered at approximately 4:30 p.m.)
(Attachment # 23)
24. Discussion and consideration of Bond 2008 projects. (To be
considered at approximately 5:00 p.m.) (Attachment # 24)
(RECESS REGULAR COUNCIL MEETING)
L. MEETING OF CITY CORPORATION:
25. CORPUS CHRISTI INDUSTRIAL DEVELOPMENT
CORPORATION (CCIDC): (Attachment # 25)
AGENDA
CORPUS CHRISTI INDUSTRIAL DEVELOPMENT CORPORATION
REGULAR MEETING
Date: Tuesday, August 12, 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
yin
Agenda
Regular Council Meeting
August 12, 2008
Page 10
M.
N.
2. Secretary Armando Chapa calls roll.
Board of Directors
Henry Garrett, Pres.
Larry Elizondo, Vice Pres.
Melody Cooper
Mike Hummel!
Bill Kelly
Priscilla Leal
Michael McCutchon
John Marez
Nelda Martinez
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Officers
George K. Noe, General Manager
Armando Chapa, Secretary
Mary Juarez, Asst. Secretary
Cindy O'Brien, Treasurer
Constance Sanchez, Asst. Treas.
3. Approval of the minutes of July 24, 2007.
4. Election of Officers:
President
Vice President
General Manager
Secretary
Assistant Secretary
Treasurer
Assistant Treasurer
5. Financial Report.
6. General Manager's Annual Report.
7. Public Comment.
8. Adjournment.
(RECONVENE REGULAR COUNCIL MEETING)
PRESENTATIONS: (NONE)
Public comment will not be solicited on Presentation items.
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
Agenda
Regular Council Meeting
August 12, 2008
Page 11
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Si usted se dirige a la junta y cree que su ingles es limitado, habra un
interprete ingles- espanol en la 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 IS NOT MEANT TO
RESTRAIN A CITIZEN'S 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 Govemment Code,
and that the City Council specifically expects to go into executive
session on the following matters. In the event the Council elects to go
into executive session regarding an agenda item, the section or
sections of the Open Meetings Act authorizing the executive session
will be publicly announced by the presiding office.
26. Executive session under Texas Government Code Section
551.074 for deliberations regarding the appointment,
employment, evaluation, reassignment and duties of an Interim
City Manager, with possible discussion and action related thereto
in open session.
27. Executive session under Texas Government Code Section
551.071 regarding Title VI Complaint of Hillcrest Residents
Association against the City of Corpus Christi, filed with
Environmental Protection Agency and Housing of Urban
Development, with possible discussion and action related thereto
in open session.
-28. Executive session under Texas Government Code Section
551.071 regarding contemplated litigation by Richard Serna
'regarding real estate described as Lot 15, Block 2, Countiss
Addition, Corpus Christi, Nueces County, Texas, with possible
discussion and action related thereto in open session.
Agenda
Regular Council Meeting
August 12, 2008
Page 12
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
29. Executive session under Texas Government Code Section
551.071, regarding Cause Number 04- 4001 -B, Tufts Cove
Investment Corporation, N.V. vs. City of Corpus Christi, in the
117th District Court of Nueces County, Texas, with possible
discussion and action related thereto in open session.
P. ADJOURNMENT:
POSTING STATEMENT:
This agenda was posted on the City's official bulletin board at the front
entrance to City Hall, 1201 Leopard Street, at a: 4 S p.m., on
August 6, 2008.
Armando Chapa
City Secretary
NOTE: The City Council Agenda can be found on the City's Home
Page at www.cctexas.com after 7:00 p.m. on the Thursday
before regularly scheduled council meetings. If technical
problems occur, the agenda will be uploaded on the
Internet by Friday before 5:00 p.m.
Symbols used to highlight action items that implement
council goals are on attached sheet.
City Council Goals 2007 -2009
i
Develop Street Plan
Texas A &M University Corpus Christi
Expansion
Neighborhood Improvement Program
(NIP) and Model Block Expansion
Development Process Improvement
Bond 2008
Coliseum Plan
Master Plan Updates
Improve Code Enforcement
Downtown Plan
Charter Review
1
PRESENT
Mayor Henry Garrett
Mayor Pro Tem John Marez
Council Members:
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel)
Bill Kelly
Priscilla Leal
Nelda Martinez
ABSENT
Michael McCutchon
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
July 22, 2008 - 10:00 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 Council Member Nelda Martinez and the Pledge of
Allegiance to the United States flag was led by Council Member Larry Elizondo.
City Secretary Chapa called the roll and verified that the necessary quorum of the Council
and the required charter officers were present to conduct the meeting.
Mayor Garrett called for approval of the minutes of the regular Council meeting of July 8,
2008. A motion was made and passed to approve the minutes as presented.
Mayor Garrett opened discussion on Item 20 regarding Combination Tax and Revenue
Certificates of Obligation. Director of Financial Services Cindy O'Brien explained that this item is
directing publication of the notice of intention to issue combination tax revenue certificates for the
landfill, authorizing to retain the services of the financial advisor and bond counsel, and appointing
the underwriters. Ms. O'Brien stated that the issuance is set at up to $12 million.
Council members asked questions regarding how the issuance amount was set; when the
issuance projects were originally planned; the comparison of fees associated with previous projects
for financial advisors and bond counsel services; the reissue of Packery Channel bonds; whether
M.E. Allison has been the financial advisor on previous projects; whether the bond counsel is the
same one used on the Packery Channel issuance discussed at the previous meeting; the reason for
using the same bond counsel; whether there is a contract with McCall, Parkhurst & Horton detailing
charges associated with bond issuances; whether the issuance can be delayed and the effect that
would have on the project; schedule; es
issuance; whether the fee schedule for M.E. M.E.AlI son has evrchanged; and whether the fees are
paid from the bond proceeds.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
—1—
Minutes — Regular Council Meeting
July 22, 2008 — Page 2
20.a. RESOLUTION NO. 027775
Resolution by the City Council of the City of Corpus Christi, Texas, directing publication of
notice of intention to issue Combination Tax and Revenue Certificates of Obligation, for
improvements to the City's Solid Waste facilities; authorizing the City Manager to retain
services of M. E. Allison & Co., Inc. as Financial Advisor, and McCall, Parkhurst & Horton,
L.L.P. as Bond Counsel; and resolving other matters relating to the subject.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Kelly, and Martinez, voting "Aye "; Hummell and Leal voting "No "; McCutchon and
Marez were absent.
20.b. MOTION NO. 2008 -186
Motion authorizing the appointment of Morgan Keegan & Company Inc. as Senior Manager
and Frost Bank as Co- Manager for the City of Corpus Christi, Texas Combination Tax and
Solid Waste Revenue Certificates of Obligation, Series 2008.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Kelly, and Martinez, voting "Aye"; Hummell and Leal voting "No "; McCutchon and
. Marez were absent.
* **** * * **** **
Mayor Garrett called for consideration of the consent agenda (Items 2 - 17). There were no
comments from the public. Council Member Leal requested that Items 3 and 4 be pulled for
individual consideration. City Secretary Chapa polled the Council for their votes as follows:
2. MOTION NO. 2008 -174
Motion approving the purchase of one (1) Series V Tractor /Loader /Backhoe from Holt -Cat, of
Corpus Christi, Texas based on most advantageous bid in accordance with Bid Invitation
No. BI- 0186 -08 for a total amount of $140,113. The backhoe will be used by the Wastewater
Department. This unit is a replacement to the fleet. Funding is available in the FY 2007-
2008 Capital Outlay Budget of the Maintenance Services Fund.
• 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.
5.a. ORDINANCE NO. 027764
Ordinance appropriating $110,015.31 for the purchase of library furniture for the new
Southside Library from the following sources: $8,489.37 from unappropriated interest
earnings from the Library 2005 Capital Improvement Project (CIP) Fund No. 3224 and
$101,525.94 from unappropriated interest earnings from the Library 2007A CIP Fund No.
3225; changing FY 2007 -2008 Capital Budget adopted by Ordinance No. 027546 to
increase appropriations by $110,015.31.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, Marez, and Martinez,
voting "Aye "; McCutchon was absent.
-2-
Minutes — Regular Council Meeting
July 22, 2008 — Page 3
5.b. MOTION NO. 2008 -177
Motion approving the purchase of library furniture in accordance with Bid Invitation No. BI-
0206-08 from the following companies for the following amounts based on only bid and low
total bid for a total amount of $142,449.81. The library furniture will be installed at the new
Southside Library (Clotilde P. Garcia Library). Funds are available in the Southside Library
Capital Improvement Project (CIP) Fund.
Business Interiors of Texas
Corpus Christi, Texas
Groups: 1, 2, 4 & 5
$118,699.81
Jones & Cook
Corpus Christi, Texas
Group: 6
$23,750.00
Total Award: $142,449.81
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.
• 6. MOTION NO. 2008 -178
Motion approving a supply agreement with Neptune Technology of Tallassee, Alabama for
45,334 water meters and water meter registers, based on best value in accordance with Bid
Invitation No. BI- 0152 -08 for an estimated annual expenditure of $1,702,499, of which
$141,874.91 is required for the remainder of FY 2007 -2008. The term of the agreement
shall be for twenty -four months with the option to extend for up to two additional twelve-
month periods, subject to the approval of the supplier and the City Manager or his designee.
Funding is available in the Capital Improvement Project (CIP) Fund and the Water
Department Operations Budget for FY 2007 -2008 and requested for FY 2008 -2009.
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.
7.a. MOTION NO. 2008 -179
Motion authorizing the City Manager or his designee to accept a grant in the amount of
$445,182 from the Texas Automobile Theft Prevention Authority (ATPA) to continue the
motor vehicle theft enforcement grant within the Police Department for Year 8 with a City
cash match of $287,824, in -kind match of $14,019, for a total project cost of $747,025 and to
execute all related documents.
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.
7.b. ORDINANCE NO. 027765
Ordinance appropriating $445,182 from the Texas Automobile Theft Prevention Authority
(ATPA) in the No. 1061 Police Grants Fund.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following.vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, Marez, and Martinez,
voting "Aye "; McCutchon was absent.
Minutes — Regular Council Meeting
July 22, 2008 — Page 4
8.a. RESOLUTION NO. 027766
Resolution authorizing the City Manager or his designee to accept a $55,139 grant awarded
by the Corporation for National and Community Service for the Retired and Senior Volunteer
Program (RSVP).
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye; McCutchon was absent.
8.b. ORDINANCE NO. 027767
Ordinance appropriating a $55,139 grant from the Corporation for National and Community
Service in the No. 1067 Parks and Recreation Grants Fund for the Retired and Senior
Volunteer Program (RSVP).
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, Marez, and Martinez,
voting "Aye"; McCutchon was absent.
9.a. RESOLUTION NO. 027768
Resolution authorizing the City Manager or his designee to accept a $270,943 grant
awarded by the Corporation for National and Community Service for the Senior Companion
Program.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye"; McCutchon was absent.
9.b. ORDINANCE NO. 027769
Ordinance appropriating a $270,943 grant from the Corporation for National and Community
Service in the No. 1067 Parks and Recreation Grants Fund for the Senior Companion
Program.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, Marez, and Martinez,
voting "Aye"; McCutchon was absent.
10. RESOLUTION NO. 027770
Resolution authorizing the City Manager or his designee to submit a grant application in the
amount of $500,000 to the Texas General Land Office for the purpose of participating in the
Texas Coastal Impact Assistance Program for design enhancements and development of
educational resources for the proposed Oso Nature Center.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye; McCutchon was absent.
11. ORDINANCE NO. 027771
Ordinance appropriating $187,905.07 in developer contributions and $65,277.80 in interest
earnings for a sum of $253,182.87 in the No. 4720 Community Enrichment Fund for park
improvements.
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Minutes — Regular Council Meeting
July 22, 2008 — Page 5
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, Marez, and Martinez,
voting "Aye "; McCutchon was absent.
12. MOTION NO. 2008 -180
Motion authorizing the City Manager or designee to execute an agreement with M. Dee
Koch, PhD for psychological services for the Police, Fire and Aviation departments. The
term is for three years at an hourly rate of $45.00 with an estimated annual cost of $128,360.
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.
13. RESOLUTION NO. 027772
Resolution authorizing the City Manager or his designee to execute a one -year professional
services contract with Patterson Capital Management, LP, d.b.a. Patterson and Associates,
of Austin, Texas in the amount of $32,000 for investment and management of public funds.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye"; McCutchon was absent.
14. MOTION NO. 2008 -181
Motion authorizing the City Manager, or his designee, to execute a contract with Parsons
Roofing of Waco, Texas in the amount of $174,363 for the City Hall Re- roofing Project 2008.
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.
15.a. MOTION NO. 2008 -182
Motion authorizing the City Manager or his designee to execute a Job Order Contract with
Nuway International, Inc., of Corpus Christi, Texas in the amount of $69,922.28 for the
Americans with Disabilities Act (ADA) and Co -ED Improvements at Fire Station No. 2. (Bond
Issue 2004)
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.
15.b. MOTION NO. 2008 -183
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 $60,711.84 for the
Americans with Disabilities Act (ADA) and Co -ED Improvements at Fire Station No. 6. (Bond
Issue 2004)
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.
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Minutes — Regular Council Meeting
July 22, 2008 — Page 6
16. MOTION NO. 2008 -184
Motion authorizing the City Manager or his designee to execute a construction contract with
Jhabores Construction of Corpus Christi, Texas in the amount of $284,267 for Lift Station
Improvements: Cimarron at Yorktown Lift Station, North Beach "B" Lift Station, and North
Beach "D" Lift Station.
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.
17. MOTION NO. 2008 -185
Motion authorizing the City Manager or his designee to execute Change Order No. 1 for
additional excavation and installation of groundwater underdrains in the amount of $231,399
with Longhorn Excavators, Inc. of Richmond, Texas for the Cefe F. Valenzuela Landfill
Section 4A Liner and Leachate Collection System and Section 4B Excavation.
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 Items 3 and 4 regarding the purchase of chemicals for
the Water and Wastewater departments. Council Member Leal stated that she supported the
purchase of chemicals for the Water and Wastewater Departments to protect the water supply and
maintain odor control at the treatment plants. City Secretary Chapa polled the Council for their votes
as follows:
3. MOTION NO. 2008 -175
Motion approving a supply agreement with General Chemical Performance Products, LLC,
of Parsippany, New Jersey for approximately 700 tons of liquid ammonium sulfate in
accordance with Bid Invitation No. BI- 0151 -08, based on low bid for an estimated semi-
annual expenditure of $137,200. The term of the supply agreement will be for six months
with an option to extend for up to five additional six -month periods subject to the approval of
the supplier and the City Manager or his designee. Funds have been requested for FY
2008 -2009.
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.
4. MOTION NO. 2008 -176
Motion approving a supply agreement with Commercial Chemical Products, Inc., of Houston,
Texas for approximately 432,500 pounds of Sodium Bisulfite Solution for use at the
Wastewater Treatment Plants in accordance with Bid Invitation No. BI- 0187 -08 based on
low bid for an estimated semi - annual expenditure of $148,780 of which $24,796.67 is
budgeted in FY 2007 -2008. The term of the supply agreement will be for six months with an
option to extend for up to five additional six -month periods subject to the approval of the
supplier and the City Manager or his designee. Funds have been budgeted by the
Wastewater Department in FY 2007 -2008 and requested for FY 2008 -2009.
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.
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Minutes — Regular Council Meeting
July 22, 2008 — Page 7
Mayor Garrett opened discussion on Item 18 regarding an appropriation for one -time
expenditures. Assistant Budget Director Eddie Houlihan explained that this appropriation is for the
buydown of lease purchases. There were no comments from the audience. City Secretary Chapa
polled the Council for their votes as follows:
18. ORDINANCE NO. 027773
Ordinance appropriating $306,01.7.16 from estimated excess revenues over expenditures in
Fund No. 1020 General Fund for "one- time" expenditures in the Fiscal Year 2007 -2008
Operating Budget for the buydown of lease purchases in the amount of $306,017.16;
changing the FY 2007 -2008 Operating Budget adopted by Ordinance No. 027352 by
increasing revenues and appropriations by $306,017.16 each.
An emergency was declared, and the foregoing ordinance 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 opened discussion on Item 19 regarding an appropriation of unappropriated
interest earning from the Capital Improvement Projects (CIP) Bond Funds. Director of Financial
Services Cindy O'Brien explained that this ordinance appropriates unappropriated interest earnings
that have accrued over several years for the existing CIP funds in the amount of $13,462,290.54.
Mayor Garrett called for comments from the audience. Johnny French, 4417 Carlton, asked
questions regarding the funds from the Packery Channel CIP. Abel Alonzo, 1701 Thames, asked
questions regarding the timeframe for completing the projects and whether the interest can be used
for ADA compliance projects.
Council members asked questions regarding whether the older projects listed have been
completed; whether the conveyance would allow the interest from the previously completed storm
water projects to be used for other storm water projects; recommendations for projects; the reason
that the Wastewater 1994 CIP has not been completed; and the projects associated with the
Wastewater 1994 CIP. City Secretary Chapa polled the Council for their votes as follows:
19. ORDINANCE NO. 027774
Ordinance appropriating $13,462,290.54 of unappropriated interest earnings from the
Capital Improvement Project (CIP) Bond Funds listed in Exhibit A of this ordinance, including
Streets CIP, Water CIP, Stormwater CIP, Wastewater CIP, Gas CIP, Parks CIP, Public
Health and Safety CIP, Landfill CIP, Bayfront Development CIP; Packery Channel CIP,
Museum CIP and Police Building CIP, for same or similar CIP projects as allowed by the
bond covenants; changing the FY2007 -2008 Capital Budget adopted by Ordinance No.
027546 by increasing appropriations by $13,462,290.54.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Leal, and Martinez, voting "Aye "; Hummell,
Kelly, McCutchon, and Marez were absent.
• * * * * * * * * * * * ♦
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Minutes — Regular Council Meeting
July 22, 2008 — Page 8
Mayor Garrett opened discussion on Item 24 regarding fee and rate increases in support of
the FY2008 -2009 proposed budget. Assistant City Manager Oscar Martinez provided an overview of
the rate adjustments of solid waste fees; library fees; utility fees; and annual well inspections.
Mayor Garrett called for comments from the audience. Joan Veith 5701 Cain, asked the
Council to consider reducing or waiving the cart delivery fees for elderly and low income customers.
Council members asked questions regarding the mediation with the Nueces County Water
District No. 4; water taps fees for new residents; and whether inside city limit customers have been
previously overcharged. City Secretary Chapa polled the Council for their votes as follows:
24.a. ORDINANCE NO. 027779
Amending the Codes of Ordinances, Chapter 21, Article IV, Section 21-40, by revising solid
waste resource recovery fees; enacting a cart delivery fee; providing an effective date;
providing for publication; and providing for penalties. (First Reading 07/15/08)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Garrett, Elizondo, Kelly, Marez, and Martinez, voting "Aye "; Leal voting "No "; Cooper,
Hummell, and McCutchon were absent.
24.b. ORDINANCE NO. 027780
Amending the Code of Ordinances, Chapter 2, Section 2 -79 "Fees ", by repealing the annual
nonresident library fee; providing for a library photocopy fee of $0.15 per page, and
reinstating a library collection fee of $10 for accounts referred to collection; providing for an
effective date; and providing for publication. (First Reading 07/15/08)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Garrett, Elizondo, Kelly, Marez, and Martinez, voting "Aye "; Leal voting "No "; Cooper,
Hummell, and McCutchon were absent.
24.c.(1.) MOTION NO. 2008 -189
Motion to amend prior to Second Reading the Ordinance amending the Code of Ordinances,
City of Corpus Christi, Chapter 55, Utilities, regarding Water, Gas and Wastewater Rates
and Fees, to amend Section 3, regarding water laboratory charges, to correct name to
"Water Utilities Laboratory charges" and to delete annual increase in laboratory fees.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Kelly, Marez, and Martinez, voting "Aye "; Leal voting "No "; Cooper, Hummell, and
McCutchon were absent.
24.c.(2.) ORDINANCE NO. 027781
Amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Utilities, regarding
Water, Gas and Wastewater rates and fees; providing for an effective date; and providing for
publication. (First Reading 07/15/08)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Garrett, Elizondo, Kelly, Marez, and Martinez, voting "Aye "; Leal voting "No "; Cooper,
Hummell, and McCutchon were absent.
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Minutes — Regular Council Meeting
July 22, 2008 — Page 10
whether the City stock piles asphalt; the renovation of the T.C. Ayers Center; strategies for Bond
2008; and multiple approval of projects.
Council Member Elizondo requested a report showing the trends and the plan on how the
City is addressing ADA compliance. Council Member Leal requested an update on the Gabe Lozano
Golf Course.
*.. »* * ** * * * *
Mayor Garrett opened discussion on Item 21 regarding post hurricane recovery operations
debris management. City Manager Noe provided a background of the annually approved contract for
clearing, removal and disposal of materials in the event of a storm. Interim Director of Engineering
Services Kevin Stowers explained that the City of Corpus Christi is one of several cities that has pre-
position contracts in place in the event of a disaster. Mr. Stowers provided a brief overview of the bid
tabulation summary.
Council members asked questions regarding the amount of the contract; reimbursement
from FEMA; actual payment based on unit quantities; whether DRC is required to have pre-
-; positioned equipment available; DRC's obligations in the event of a storm; whether DRC is a local
company; if DRC maintains any equipment in Corpus Christi; and the amount of time services would
begin once a storm makes landfall.
Mayor Garrett called for comments from the audience. J.E. O'Brien, 4130 Pompano, spoke
regarding the amount of the contract. City Secretary Chapa polled the Council for their votes as
follows:
21. MOTION NO. 2008 -187
Motion authorizing the City Manager or his designee to execute a contract with DRC
Emergency, LLC of Mobile, Alabama in the amount of $65,580,930 to be activated only in
the event of a hurricane or other disaster for Post Hurricane Recovery Operations Debris
Clearing, Removal and Disposal Services. (Base Bid A, Base Bid B — Clearing, Removal
and Disposal and Base Bid C — Collection, Characterization, Packaging, Transportation and
Disposal of Hazardous Wastes)
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Kelly, Leal, and Martinez, voting "Aye "; Hummell, McCutchon, and Marez were
absent.
Mayor Garrett called for a brief recess to present proclamations and listen to public
comment.
Mayor Garrett called for petitions from the audience. Jimmy Dodson, 4222 FM 665, spoke
regarding the master planning process for the London Corridor. Johnny French, 4417 Carlton, spoke
regarding a meeting with the Texas General Land Office on vehicular traffic on the beach. Mike
Staff, Corpus Christi Police Officers Association, spoke regarding hurricane preparedness for first
responders. Monica Sawyers, 429 Ashland, requested that Council consider approving $5,000 from
the proposed Bond Issue 2008 for the restoration of the Ritz Theatre. Dr. Clifford Edge spoke
regarding downtown improvements and the Ritz Theatre. Randy Stevenson, Arlington, Texas,
thanked Mayor Garrett, Council Member Priscilla Leal, and Community Development Administrator
Daniel Gallegos for testifying in Austin, Texas on behalf of the Buena Vista Senior Village.
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Minutes — Regular Council Meeting
July 22, 2008 — Page 9
24.d. ORDINANCE NO. 027782
Amending the Code of Ordinances, Chapter 35, Article V, Section 35 -117, Entitled "Annual
Well Inspections ", by revising the fees; providing for an effective date; providing for
publication and providing for penalties. (First Reading 07/15/08)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Garrett, Elizondo, Kelly, Marez, and Martinez, voting "Aye"; Leal voting "No "; Cooper,
Hummell, and McCutchon were absent.
Mayor Garrett opened discussion on Item 25 regarding the ad valorem tax rate. Director of
Financial Services Cindy O'Brien explained that this item sets the date for adoption of the ad
valorem tax rate of $0.563846 per $100 valuation and two public hearings. A brief discussion
ensued regarding setting a time certain for the public hearings.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
25.a. MOTION NO. 2008 -190
Motion setting September 9, 2008 as the date of adoption of the ad valorem tax rate of
$0.563846 per $100 valuation.
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.
25.b. MOTION NO. 2008 -191
Motion setting a public hearing on the ad valorem tax rate for August 19, 2008 and a second
public hearing for August 26, 2008, during the regular City Council Meeting beginning at
10:00 a.m. at City Hall, 1201 Leopard Street, Corpus Christi, Texas.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Kelly, Leal, Marez, and Martinez, voting "Aye"; Hummell and McCutchon were
absent.
Mayor Garrett referred to Item 26 regarding an update on Bond Issue 2004. Interim
Assistant City Manager Angel Escobar referred to a powerpoint presentation including an overview
of the Bond Issue; street projects completed; other projects completed; projects under construction;
and the projects pending construction start.
Council members asked questions regarding the contractor for the Up River Road — Rand
Morgan to McKenzie project; the completion date for Cimarron Boulevard Phase I from Yorktown to
Saratoga; the completion date for Cimarron Boulevard from Saratoga to Wooldridge; whether
Cimarron Boulevard will be paved from Saratoga to Wooldridge; whether ADA compliance was
considered for all of the Bond Issue 2004 and the proposed Bond Issue 2008 projects; whether all of
the public building are scheduled for ADA compliance; the amount of funding allocated for ADA
compliance projects in Bond 2000 and Bond 2004; addressing ADA safety concerns; pending bid
evaluations for the Bayfront Development Plan Phase 1; the percentage of completion for Bond
Issue 2004; the percentage of projects completecbfrom Bond Issue 2000 prior to Bond Issue 2004;
Minutes — Regular Council Meeting
July 22, 2008 — Page 11
Kerry Eyring, Corpus Christi Firefighters Association, spoke regarding the firefighter contract
negotiations. Mr. Eyring urged the Council to direct the City Manager to accept the wage proposal in
the contract. Bill Brown, 5830 McArdle, spoke regarding the cost comparison report for the
Southside Water Reclamation Plant versus the Greenwood Wastewater Treatment Plant. Jerry
Garcia, Southside Youth Sports Complex, spoke regarding funding of the Greenwood Sports
Complex in the proposed Bond Issue 2008 and the South Guth Sports Complex. Susan Thiem, 96
Lakeshore Drive, spoke regarding attacks by vicious dogs and the lack of communication by Animal
Control Services. J.E. O'Brien, 4130 Pompano, spoke regarding adoption of the budget prior to the
certification of the tax roll and tax increases. C. Wilmot, 4433 Angela, asked the Council to consider
widening Flato Road for the safety of the students in the West Oso Independent School District.
Students Dana Wilmot, Julissa Martinez, and Ruben Pulido were present to show their support for
the widening of Flato Road. Dr. Crawford Helms, Superintendent of West Oso Independent School
District, requested that Council consider widening Flato Road from Bear Lane to Bates Street.
Velma Rodriguez, 4149 Molina, requested the inclusion of Flato Road in the Bond Issue 2008
package. Rolando Garza spoke regarding projects in the Bond Issue 2008.
Mayor Garrett announced the executive sessions, which were listed on the agenda as
follows:
28. Executive session under Texas Government Code Section 551.071 regarding Cause No.
07 -478, Anna Robledo et al vs. City of Corpus Christi et al; with possible discussion and
action related thereto in open session.
29. Executive Session under Texas Government Code Section 551.071 regarding fire collective
bargaining negotiations, with possible discussion and action related thereto in open session.
The Council went into executive session. The Council returned from executive session and
the following motion was passed with the following vote:
28. MOTION NO. 2008 -192
Motion authorizing the City Manager to settle Cause No. 07 -478, Anna Robledo, et al, vs.
City of Corpus Christi, et al, for the sum of $355,000, subject to certification of funds.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Kelly, Leal, and Martinez, voting "Aye'; Hummell, Marez, and McCutchon were
absent.
Mayor Garrett opened discussion on Item 22 regarding the second reading to adopt the
FY2008 -2009 operating budget and ratifying the increase in property tax revenues from last year's
operating budget. Assistant City Manager Oscar Martinez referred to a powerpoint presentation
including the revisions to the general fund; general fund adjustments in response to Council
amendments; considerations for funding the Volunteer Center; and the total appropriations for the
enterprise funds, internal services funds, debt services funds, and special revenue funds.
Council members asked questions regarding salary raises for municipal court judges; the
reserve appropriation; and salary adjustments for civilians.
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Minutes — Regular Council Meeting
July 22, 2008 — Page 12
Ms. Martinez made a motion to amend line item 80003 — Reserve for Appropriation by
providing $25,000 of the $39,000 to the Commission on Children and Youth. The motion was
seconded by Ms. Cooper. A brief discussion ensued regarding the reserve for appropriation and
compensation for civilian employees. Ms. Martinez withdrew her motion.
Mayor Garrett called for comments from the audience. J.E. O'Brien, 4130 Pompano, spoke
regarding setting a time certain for the adoption of the budget; approval of the budget prior to
receiving the certified tax roll; tax increases; reducing outside legal expenses; and health insurance.
Jon Kelley, 413 Waco, spoke regarding economic development; wage increases; human
infrastructure; and the quality of life. Susie Luna Saldana, 4710 Hakel, spoke regarding the health
insurance increases for police and firefighters and salary increases for municipal court judges.
Carlos Torres, President of the Corpus Christi Firefighters Association, asked whether the budget
included a 4% increase for firefighters. City Secretary Chapa polled the Council for their votes as
follows:
22.a. ORDINANCE NO. 027776
Adopting the City of Corpus Christi budget for the ensuing Fiscal Year beginning August 1,
2008; to be filed with the County Clerk; appropriating monies as provided in the budget.
(First Reading 07/15/08)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye;
McCutchon was absent.
22.b. ORDINANCE NO. 027777
Ordinance to ratify increase of $5,150,870 in Property Tax Revenues from last year's
Operating Budget as reflected in the FY 2008 -2009 Operating Budget. (First Reading
07/15/08)
The foregoing ordinance was passed and approved on its second 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 23 regarding the Compensation and Classification
Plan. Director of Human Resources Cynthia Garcia explain that this item included the provisions
detailed during the first reading of the ordinance and the possibility of including a raise for civilian
employees. Ms. Garcia said that the proposed ordinance would increase employee salaries by 2.5%
and would raise the ranges by 5% for a total amount $2,340,262. Ms. Garcia stated that a market
study was conducted in reference to municipal court judges and the findings indicated that the City's
pay range for municipal court judges is comparable to the market. Ms. Garcia added that the
individual salaries lagged the market because the City is hiring the judges at the minimum of the
range.
Council Member Elizondo requested that staff provide a one -year and two -year approach for
funding an increase for municipal court judges.
Mayor Garrett made a motion to amend Section 39 -309 to include that all sworn firefighters
covered under the collective bargaining agreement and firefighter trainees will receive a 4% pay
increase effective August 4, 2008 as impasse procedures continue. The motion was seconded by
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Minutes — Regular Council Meeting
July 22, 2008 — Page 13
Ms. Cooper. Carlos Torres, President of the Corpus Christi Firefighters Association, thanked the
Council for taking steps to move forward by approving a 4% increase as impasse procedures
continue. Mr. Torres reiterated that the firefighters are still at an impasse. City Secretary Chapa
polled the Council for their votes as follows:
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..
Mr. Kelly made a motion to amend the ordinance to include a 2.5% increase for civilian
employees and to amend the ranges effective September 1' contingent upon funds being available
after the tax roll is presented and the effective tax rate is calculated. The motion was seconded by
Ms. Cooper. Maria Gonzalez stated that she felt that the increase for civilian employees was not
enough. Ms. Gonzalez also spoke regarding the skill -based pay plan. Jon Kelley, 413 Waco, spoke
regarding salary increases. City Secretary Chapa polled the Council for their votes as follows:
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..
Mike Staff, Corpus Christi Police Officers Association, introduced their consultant Randy
McGraw with the JDW Insurance and Crest Benefits Consulting. Mr. McGraw provided a brief
presentation including the information provided by the City; forecasting of expenses; the fund
balance; the GASB 45 obligation; the attachment point; aggregate insurance; the forecast
methodology used; and the recommendations.
The City's actuary Glenn Giesy with Oliver Wyman stated that Mr. McGraw came up with the
same figures that he provided to the City. Mr. Giesy added that Mr. McGraw used different trends for
police and fire and was drawing down the reserve fund balance.
Mike Staff, Corpus Christi Police Officers Association, spoke regarding the information
provided to the associations; the deficit in the police health plan; the benefits for city employees;
funding for GASB 45; the fund balance; and the City's recommendation for increases. Susie Luna
Saldana, 4710 Hakel, spoke regarding self- funded insurance and asked the Council to consider the
impact of the increased health insurance on the police and firefighters. Carlos Torres, Corpus
Christi Firefighters Association, spoke regarding accountability and the lack of communication on
the health insurance and GASB 45 issues. Mr. Torres also spoke regarding setting up health
insurance committees and the reserve fund balance. Joan Veith, 5701 Cain, asked the Council to
consider doing what is best for the police and firefighters. Jason Brady, 321 John Sartain, asked
questions regarding whether the increase in premiums is to fund GASB 45.
Council members asked questions regarding the individual salary for municipal courtjudges;
the range set for municipal court judges; whether the Council sets the range for municipal court
judges; whether staff is prepared to make a recommendation to increase the salaries for municipal
courtjudges based on the judge's experience; the impact to the budget for increasing the municipal
court judge's salaries; a multi -year approach to fund municipal court judge salaries; the number of
full -time judges; the employment time for the judges; the estimated increase in valuation; the range
increase for civilian employees; the $1 million payment to Humana for reinsurance; the primary
differences between the two assessments for health insurance; what the fund balance would be if
the health insurance rates stayed the same based on the findings by Mr. McGraw; spending down
the reserve fund balance by $3 million; comparison of health insurance rate increases; whether Mr.
Giesy would recommend spending down the reserve fund balance; whether the City is being over
conservative with the fund balance; whether the City can increase the rates over a two year period;
whether the fund balance is being drawn down with the increases proposed; the target reserve of
25 %; the projected net operating loss for public slafety; impacts for drawing down the fund balance;
Minutes — Regular Council Meeting
July 22, 2008 — Page 14
whether Mr. McGraw believes there is a miscalculation on the health insurance trends; tracking
excess contributions; the timeframe to reassess the insurance premiums for the three different
plans; the national trend approach; whether the compensation plan could be approved if the Council
gave direction to staff to review additional data on the insurance increases; the growth of the fund
balance over a three year period; an explanation on how the rates for police and fire would be higher
and would not increase the fund balance; whether the insurance rates have increased over the last
three years; the allocations made to the fund balance by departments; the GASB 45 reserve; the
current fund balance for insurance; claims incurred but not recorded; the new stop loss amount;
whether the new lifetime maximum was considered; whether all of the data was provided to Crest
Benefits; whether the City pays premiums; the City allocating funding for vacant positions; and the
number of unfilled positions the City is allocating funding to and the amount of the funding. The
following motion was made by Mayor Garrett and seconded by Ms. Ms. Martinez:
MOTION NO. 2008 -188
Motion directing the City Manager to not implement the 0% civilian, 18% fire, and 20% police
health insurance increase as proposed in the budget for 60 days in order to give staff an
opportunity to review new data and come back to the Council with a recommendation.
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.
City Secretary Chapa polled the Council for their votes as follows:
23. ORDINANCE NO. 027778
Amending the Code of Ordinances, Chapter 39, Personnel, Article Ill, Employee
Compensation and Classification System, to revise definitions of Full -time and Part-time
Employees, add Parks and Recreation skill -based pay grades, revise Step Pay Rates for
Metro -Com Technician, revise Minimum Wage, revise Police Management pay range, add
Attorney Career Ladder, add Information Technology Career Ladder, add 4% pay increase
for all sworn firefighters covered in the collective bargaining agreements and firefighter
trainees; designate FICA Alternative Plan participation by Temporary Employees, revise
Part-Time Employee Eligibility and participation in (1) Group Hospitalization (2) Term Life
Insurance (3) Disability Insurance (4) Holiday, Sick, Bereavement, Vacation and other leave;
clarify Airport Safety Officer eligibility in Vacation Leave Accrual; modify Sick Leave "cash -in"
provision; provide that Employee may use Bereavement Leave in death of Son -in -Law,
Daughter -in -Law, and Step - Parent; to provide for 15 -day paid Military Leave in one calendar
year; to amend Nepotism Section to (1) prohibit Department Head hiring or review of
Employee Son -in -Law, Daughter -in -Law, (2) clarify Spouse's relatives, and (3) add provision
to continue relationship by affinity despite divorce or death if Child of Marriage is living; to
combine Plan I and Plan II Personal Leave into one plan; to combine Plan I and Plan II
Bereavement Leave into one plan; repealing all other ordinances, and rules, or parts of
ordinances and rules, in conflict with this ordinance; providing for an effective date. (First
Reading 07/15/08)
The foregoing ordinance was passed and approved as amended on its second reading with -
the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, Marez, and Martinez,
voting "Aye "; McCutchon was absent.
(The above ordinance was amended to include a 2.5% increase for civilian employees
and to amend the ranges effective September 1st contingent upon funds being
available after the tax roll is presented and the effective tax rate is calculated.)
Minutes — Regular Council Meeting
July 22, 2008 — Page 15
Ms. Martinez made a motion requesting that the City Manager administratively reduce
$25,000 from the $39,000 - Reserve for Allocation in the FY2008 -2009 Operating Budget for the
Commission on Children and Youth. The motion was seconded by Mr. Kelly.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye "; Elizondo and McCutchon were
absent.
Mayor Garrett referred to Item 27, a presentation on a cost comparison report — Southside
Water Reclamation Plant vs. Greenwood Wastewater Treatment Plant. City Manager Noe stated
that this presentation was based on a Council directive to consider a Southside plant option. Govind
Nadkarni, Consultant, referred to a powerpoint presentation including previous action on March 25,
2008; map of the Oso Wastewater Reclamation Plant areas to be transferred to Southside (Starry
Road) Wastewater Treatment Plant; Southside Wastewater Treatment Plant transfer information;
the Southside population growth projection; flow projection and flow transfer for the Southside area;
development phases and costs for Southside transfer; benefits of the Southside plant; constraints of
the Southside location; the Oso Water Reclamation Plant service area to Greenwood transfer;
alternate routes for transfer to Greenwood Wastewater Treatment Plant; Greenwood transfer
information; development phases and costs for Greenwood Wastewater Treatment Plant transfer;
benefits of the transfer to Greenwood; constraints of the Greenwood location; cost comparison of
Alternates 1-4; the cost comparison for the flow transfer to Southside or Greenwood; staff
recommendations; and long term needs recommendations.
Council members asked question regarding the TCEQ stream standards for Oso Creek/Oso
Bay; the reason that the Greenwood plant can expand four (4) millions per gallon (MGD) when it
flows into Oso Creek; the current MGD at Greenwood; whether the new Broadway plant has to meet
the stringent requirements; the current capacity at the Oso Plant; the average flow at Oso;
comparison of Southside and Greenwood costs for Phase 1; the distance of pipeline for
Greenwood; the location of Lift Station 5; the TCEQ prolonged discharge permit approval time
period; the variance for the Allison plant; the reason that staff is recommending the transfer to
Greenwood; the time constraints for demand of the Southside plant; how Development Services
determined Southside population growth projections; whether the growth projections take into
consider housing market trends; if the City originally purchased the Starry Road land for a Southside
plant; the cost difference between the Flint Hills location and the new Broadway Treatment Plant;
whether it would have taken longer to build force mains to Greenwood than to build the Broadway
Plant; time constraint and cost factors for Southside and Broadway plants; how the stringent
discharge requirements effect the cost of the project; the long term recommendation to work with
TCEQ to get Oso Bay /Oso Creek water quality stream standards revised; discharge into Oso Bay;
projects funded in the capital improvement program; whether there is a plant in the Flour Bluff area;
whether there is flow South of Oso Creek that goes to the Oso Treatment plant; the reason that the
water has to be tested /modeled for a five -year period; the reason that Alternate 2 route via Saratoga
is the most expensive option; the owner of the right -of -way on Saratoga; whether the Texas
Department of Transportation will give the City the right -of -way on Saratoga; the amount of
additional pipe needed for Alternate 4; the problems associated with Alternate 4; whether piping
currently exists on Alternate 4; recommendations based on population growth projections;
maintenance of underground piping; study of the economic impact; previous Council action in 1997;
whether engineering cost have been completed to execute the transfer to Greenwood; whether area
-15-
Minutes — Regular Council Meeting
July 22, 2008 — Page 16
26 and area 31 are served by Oso; the time period for design and construction; how rain events
would impacting Greenwood; the percentage of growth in the Southside over the last couple of
years; the MGD at Greenwood when the plant was originally built; the recommended MGD at the
Southside plant; the estimated timeframe for Phase 2 of the Southside plant; whether there is land
platted near the Southside location; and the lift station South of the Oso.
There being no further business to come before the Council, Mayor Garrett adjourned the
Council meeting at 6:33 p.m. on July 22, 2008.
x * + * • * * x * * • • w
-16-
2
CLEAN CITY ADVISORY COMMITTEE - One (1) vacancy with term to 7 -8 -10
representing the following category: 1- Member of a local Chamber of Commerce.
DUTIES: To advise the City Council on recycling, litter, and other solid waste
environmental issues of concern in the community.
COMPOSITION: The committee shall consist of nine (9) members and shall be
composed of the following: one (1) educator in a primary, secondary, or high school
within the city; one (1) member of a local Chamber of Commerce; one (1) commercial
solid waste hauler; one (1) member of the Beautify Corpus Christi Association; and five
(5) community at large representatives. Of the initial members, five (5) members shall
serve a two -year term and four (4) members shall serve a one -year term, as determined by
a drawing to be conducted at the initial committee meeting. Thereafter, all terms shall be
two (2) years. All members shall serve until their successors are appointed and qualified.
ORIGINAL
MEMBERS TERM APPTD. DATE
Paul A. Castorena (Educator) 07 -08 -10 07 -08 -08
*Vacant (Chamber of Commerce) 07 -08 -10
Brian Cornelius (Hauler) 07 -08 -10 07 -08 -08
Daiquiri Richard (Beautify CC), Chair 07 -08 -09 07 -08 -08
Paige Dinn (Community at Large) 07 -08 -10 07 -08 -08
John Elford (Community at Large) 07 -08 -09 07 -08 -08
Patricia Garcia (Community at Large) 07 -08 -09 07 -08 -08
Mikell Smith (Comm. at Large), Vice Chair 07 -08 -09 07 -08 -08
Joan Veith (Community at Large) 07 -08 -10 07 -08 -08
Director of Neighborhood Services, Ex- officio, non - voting
Director of Environmental Services, Ex- officio, non - voting
INDIVIDUALS EXPRESSING INTEREST
Brenda Cuvelier
Cynthia Hopkins
Retired Teacher. Received BA in Education from Corpus
Christi State University. Activities include: Treasurer -
Beautify Corpus Christi Association. Recipient of Beautify
Corpus Christi Association Volunteer of the Year (2007).
(Chamber of Commerce) (6 -9 -08)
Science Teacher, Corpus Christi Independent School
District. Received BA in Political Science from The
American University, Washington DC. Activities include:
Cub master Pack 323, Committee Chairman Troop 323,
AWANA Commander, Home schooling Organization of
South Texas and Kaffie Middle School PTA. (Chamber of
Commerce) (6- 27 -08) -
-19-
Doug Ingram
Tony Kailas
Teresa Klein
Project Manager, AGCM, Inc. Received BS in Civil
Engineering from Texas A &M University. Activities
include: Society of American Military Engineers,
Construction Management Association of America, and
Nueces County A &M Club. (Chamber of Commerce) (4-
24-08)
Owner, Visio Residential Properties LLC. Received B.S.
in Environmental Science and Range and Agronomy from
Hardin- Simmons University, Abilene, Texas. Activities
include: Chamber of Commerce Ambassador and Boy
Scouts of America. (Chamber of Commerce) (7- 31 -08)
Psychology Instructor, Del Mar College. Received BS in
Psychology from University of Iowa, MS in Counseling
from Oklahoma State University, and Currently Pursuing
PhD from Oklahoma State University in Counseling
Psychology. Activities include: Corpus Christi
Progressive Populist Caucus — Recycling Committee
Member, American Psychological Association, Sierra Club,
and Project Laundry List. Nominated for Teacher of the
Year — Del Mar College. (Chamber of Commerce) (5 -19-
08)
Randall (Randy) Reed Owner, Outside Dimensions. Received BBA in Finance
and Economics from South West Texas State University.
Activities include: Chamber of Commerce Board, Corpus
Christi Executive Association Board, Ambassador
Chairperson Chamber of Commerce, Beautify Corpus
Christi, Westside Business Association, and Leadership
Corpus Christi Class XXXVI Alumni. (Chamber of
Commerce) (8 -6 -08)
Barbara Tharas
Work Study, Texas A&M University- Corpus Christi.
Currently a Student at Texas A &M University - Corpus
Christi. Activities include: Honors Student Association
and Islander Student Environmental Action League.
Recipient of Rising Scholar and General UG Scholarships.
(Chamber of Commerce) (5- 16 -08)
—20—
COMMISSION ON CHILDREN & YOUTH — Two (2) vacancies with terms to 5 -1 -09
and 5 -1 -11 representing the following categories: 1— Health and 1- At Large.
DUTIES: To support a comprehensive system of services and advance policies to meet
the needs of Corpus Christi's children, youth and their families.
COMPOSITION: The commission shall consist of 14 members appointed by the City
Council. One member shall be representative of each of the following fields: Health,
Social Service, Religion, Legal, Law Enforcement, Education, Business, Youth Services,
Sheriff's Office, and the District Attorney's Office. One member shall be a youth
representative from 16 to 21 years of age at time of appointment. Each appointee shall
have demonstrated interest in the welfare of children or youth through occupation or
through association with community-based organizations. (On 10- 10 -95, Council
approved the addition of a Police Officer to serve as an Advisory Member to be
appointed by the Police Chief.)
ORIGINAL
MEMBERS TERMS APPTD. DATES
** *Vicky Alexander (Health), Vice Chair 5 -01 -09 2 -12 -02
Miles Toren (At Large) 5 -01 -09 9 -20 -05
Amanda Stukenberg (At Large) 5 -01 -10 6 -08 -04
Rosa M. Gonzalez (Social Services) 5 -01 -11 5 -13 -08
Robert Mirabal, Jr. (Religion) 5 -01 -10 5 -13 -08
Laura Spear Smith (Business) 5 -01 -11 5 -17 -05
Guy Nickelson (Youth Services) 5 -01 -09 11 -08 -05
Mary Jane Garza (Education), Chair 5 -01 -10 6 -13 -06
** *Brian Silva (At Large) 5 -01 -11 12 -12 -06
Isaac Valencia (Law Enforcement) 5 -01 -11 5 -13 -08
Fran Willms (Legal) 5 -01 -09 9 -25 -07
Caitlin Martin (Youth Rep.) 5 -01 -10 1 -10 -06
Rita Morales (D.A.'s Office), Vice -Chair 5 -01 -09 9 -12 -06
Capt. Johnny Oelschlegel (Sheriff's Office) 5 -01 -10 3 -11 -08
Capt. Tim Wilson (Police Off.) Advisory 12 -06 -95
(Note: Park and Recreation Staff has made efforts to recruit bios for the health slot
since May, 2008. Because of the specific category requirement, only one person has
expressed interest in the health slot. If Council wishes, this appointment can be
postponed for further recruitment efforts.)
Legend:
*Seeking reappointment
* *Not seeking reappointment
** *Resigned
* ** *Exceeded number of absences allowed by ordinance
* * ** *Has met six-year service limitation
—21—
INDIVIDUALS EXPRESSING INTEREST
Kay H. Aeby
Jack Baker
Belinda Barrera
Ellis Carter
Sherri Darveaux
Dr. Phillip Davis
Vidal J. De La Cerda
Self - employed, Administrator. Activities include: Past
American Cancer Society Volunteer and Board
Representative. Former Member of the Downtown
Redevelopment Committee. (At Large) (6- 15 -07)
Owner, B & J's Pizza and J.A.K.C. Incorporated. Attended
University of Michigan. Activities include: Volunteer for
Ark Assessment Center, Public Broadcasting Committee, and
Volunteer and Member of Catholic Dioceses Recipient of
Best of Best Awards from Caller Times. (At Large) (7 -16-
08)
Substitute Teacher, Corpus Christi Independent School
District. Currently attending College. Activities include:
Church. (At Large) (2- 22 -08)
Fuels Distribution Inspector, NavSup FISC Jacksonville
(NAS CC) Detachment. Attended Del Mar College.
Activities include: Texas Youth Commission Mentor at
York House. Recipient of Transportation Employee of the
year for Flour Bluff Independent School District. (At
Large) (4- 11 -08)
Retired, Former Librarian, Engineering Training
Developer, and Trainer Business Software Applications.
Received Master of Arts in Education, from University of
Texas at San Antonio, Texas and Master of Library Science
from University of Arizona. Attended Executive Program
at Anderson Graduate School of Business, University of
California, Los Angeles. Activities include: Member of
National Library Science Honor Society and Local
Antiquing Group. (At Large) (1- 25 -08)
Professor, Del Mar College. Received BS, MS, PhD in
Computer Science from Texas A &M University — Corpus
Christi. Activities include: Member and Former President
of Downtown Optimist Club. (At Large) (12- 11 -07)
Youth Services, Worksource. Retired Captain, Nueces
County Sheriff's Department. Activities include: Former
Certified D.A.R.E., G.R.E.A.T., Crime Prevention
Specialist. (At Large) (3- 14 -07)
—22—
Elisha R. Dickerson III Chairman, Tropical Isles Investment Club. Currently
attends Texas A &M- Corpus Christi. Activities include:
National Youth Crime Watch of America Member and The
Rising Scholar — Texas A &M- Corpus Christi. Past Vice -
President of South Texas Hispanic Baptist Youth
Encampment. (At Large) (4 -5 -07)
Rebecca Esparza Self- employed, Public Relations Consultant. Received
A.A. from Del Mar College and B.A. and M.A. from the
University of Incarnate Word. Activities include: Board
Member, American Cancer Society and Co- founder and co-
facilitator, M. D. Anderson Cancer Support Group.
Leadership Corpus Christi, 1994 -1995. (At Large) (11 -8-
07)
Jim Espey Retired, Sales/Marketing Director. Received BS
Humanics/Psychology. Activities include: YMCA
Board/Committees, Yacht Club Director, Private Pilot,
Scuba Instructor, and Real Estate. (At Large) (1 -9 -08)
Debbie Espinosa School Nurse, Corpus Christi Independent School District.
Received Associates Degree in Nursing, Certified Pediatric
Nurse. Activities include: Block Coordinator for
Neighbors on Watch and Secretary for Chemo Kids Fund.
(HEALTH or At Large) (2- 22 -08)
John Garcia General Manager, Red Roof Inn & Suites. Attended Del
Mar College. Activities include: Hospitality marketing
Association, Harbor Lights Committee Member, and
Corpus Christi Hispanic Chamber Member and Embajador.
(At Large) (1- 22 -08)
Graciela Garza CCD Coordinator, Diocese of Corpus Christi. Received
BBA in Management from Corpus Christi State University
and Texas Teacher Certification in English, ESOL,
Business Administration. 2005 Graduate of Lay Formation
Program. (At Large) (4- 14 -08)
Andrea B. Green Tax Professional, H & R Block. Received B.A. from
Mount Holyoke College, South Hadley, Massachusetts, and
M.S. from Syracuse University, Syracuse, New York.
Activities include: Southside Evening Toastmasters. (At
Large) (1 -9 -08)
—23—
Rick Greenfield Program Manager Engineering Services, MANCON, Inc.
Received A.A. in Liberal Arts, B.A.A.S. in Industrial
Technology, and M.A. in Organizational Management.
Activities include: Qualified Mediator State of Texas. (At
Large) (1 -8 -08)
Michele Hammock Educational Diagnostician, Tuloso- Midway Independent
School District. Received Bachelor's Degree in Business
from Corpus Christi State University and Master's Degree
in Education from Texas A &M University - Corpus Christi.
(At Large) (2- 19 -08)
Dr. Ridge Hammons President, Hammon Education Leadership Programs
(HELP). Received PhD in Educational Psychology,
Masters in Educational Administration, and Bachelors in
Music and Psychology. Activities include: Boy Scouts of
America — Executive Board, New Life Prison Ministries,
Operation Clean Sweep Board, Mayor's Advisory Council,
and Eastern European Missions. Graduate of Leadership
Corpus Christi XXXV. Recipient of Make a Difference
Day National Award, "Extra Miler" Award from Boy
Scouts, and Junior League Community Volunteer Award.
(At Large) (8 -1 -08)
Sal Hernandez
Melissa Hofstetter
Cecilia G. Huerta
Civil Service Coordinator, Nueces County. Activities
include: LULAC, Deputy District Director for Young
Adults, Barrios Association, and Education is our Freeman
Selection Committee. (At Large) (8 -4 -08)
Owner, Secretarial Solutions. Currently attending Texas
A &M University — Kingsville pursuing a degree in social
work.. Activities include: Oso Park Neighborhood
Association, Court Appointed Special Advocates (CASA),
National Honor Society of Social Workers, and Spaulding
for Children. (At Large) (9- 14 -07)
Consultant, Self- Employed. Former Classroom Teacher
and Counselor. Received Bachelors of Arts English and
Masters of Arts Guidance and Counseling from Texas A &I
University. Activities include: Association of School
Counselors, Hispanic Women's Network of Texas Corpus
Christi Chapter, Junior Achievement Volunteer. (At Large)
(2/11/08)
—24—
Lorena Huerta Investigator, Texas Department of Family and Protective
Services. Received BA in Christian Education from
Southwestem AG University. Activities include: Corpus
Christi Citizen University, LULAC, and Children's Church
Teacher. (At Large) (2- 18 -08)
Lorenzo Knowles Tutor, National Housing Management Corporation. Retired
Army First Sergeant. Degree in Business Management and
Accounting. Recipient of the Jefferson Award. Activities
include: Council President for the Texas Youth
Commission Half Way House and Mayor Committee on
School Drop -out Rate. (At Large) (9- 17 -07)
Patricia Ann Livas Accounting/Billing Clerk, Bay, Ltd. Received Bachelors
Degree in Psychology of Organizational Development and
Masters Degree in Arts and Administration from University
of the Incarnate Word. Activities include: Volunteer with
Brown Bag Challenge and Missionary Work with First
Baptist Church. (At Large) (2- 22 -08)
Carl L. Powell Retired, Bureau of Prisons. Received B.S. in Psychology
from Loyola University. Activities include: CASA/ Health
and Human Services Volunteer. (At Large) (1- 11 -08)
Woodrow Mac Sanders Medical Social Worker, Texas Department of State Health
Services. Received Bachelor of Arts from Texas A &I
University, Kingsville, Master of Science-
Psychology /Counseling and Guidance from Corpus Christi
State University and Post Masters Degree work toward
ED.D. Activities include: Licensed Baccalaureate Social
Worker, Adjunct Professor of History at Coastal Bend
College, and Board Member of Selective Services System.
(At Large) (12- 10 -07)
Venessa Santos -Garza Self- Employed. Attended Del Mar College. Activities
include: American Heart Association and Buc Commission.
Recipient of Hispanic Women's Network Las Estrellas
Award 2006. (At Large) (12- 27 -07)
Bill Shearer Pastor, The Rock and Salesman, Delta Tire. Attended
Lincoln Technical Institute and Howard Payne University.
Activities include: Freemason. (At Large) (2- 18 -08)
—25—
Patrick Smith
Arthur J. Valdez
Jonathan Wagner
Candido (Andy) Ybarra
Programming Consultant, Robbins - Gioia. Received BA in
Applied Sciences from Texas A &M- Commerce. Activities
include: United States Army Reserve and Contractor, Past
Director of Big Brothers Big Sisters, Waco, Texas and Past
President, Active Claremont, Claremont, California. (At
Large) (8- 21 -07)
SAH Agent/Senior Appraiser, Department of Veterans
Affairs. Attended Saint Mary's University and San
Antonio College in San Antonio, Texas. Activities include:
Knights of Columbus, Church Activities, and LULAC. (At
Large) (5- 13 -08)
Consultant, NeighborWorks America. Received MBA —
Business Management. Activities include: Secretary of
Homeless Issue Partnership and Chairman Elect of the
Coastal Bend Council of Governments Advisory board.
Former Administrator for Community Development for
City of Corpus Christi, 2003 -2006. (At Large) (5- 29 -07)
Membership Director, South Texas Public Broadcasting.
Attended College. (At Large) (2- 27 -08)
—26—
COMMUNITY YOUTH DEVELOPMENT (78415) PROGRAM STEERING
COMMITTEE — Two (2) vacancies with terms to 8 -31 -10 representing the following
categories: 1 — Regular Member and 1— Youth.
(Note: Staff is recommending that the Youth vacancy be postponed until additional
resumes are received)
DUTIES: To advise the City Council on a periodic basis, as requested by the City
Council, regarding the progress of the Community Youth Development Program and
make recommendations to the City Council on items pertaining to the Community Youth
Development Program.
COMPOSITION: Eleven (11) voting members with two -year, staggered terms. The
officers of the committee shall be residents of the 78415 zip code area. Terms are for two
years. State guidelines require that at least 51% of the collaborative steering committee
members must be community residents or people closely connected to the community
who are not social service providers. Two of the voting members shall be youth involved
in the Youth Action Committee. State guidelines also require that no members of the
committee may be related to each other. State guidelines also require that no
individual who is employed by the Fiscal Agent (City of Corpus Christi) or any
organization submitting a proposal for funding through the CYD Program, or their
immediate family members, may serve on the committee. An expiration date for this
committee was set as August 31, 2005, unless funds for the program end sooner.
ORIGINAL
MEMBER TERM APPTD. DATE
Fr. Peter Martinez (78415 Resident) 8 -31 -10 2 -19 -08
Erica Mora (78415 Resident) 8 -31 -10 2 -19 -08
Anna Marie Cortez (78415 Resident) 8 -31 -09 5 -24 -05
* *Larry E. Rast 8 -31 -08 2 -21 -06
Linda Moyer (78415 Resident) 8 -31 -10 2 -19 -08
Rosa "Linda" Rincon (78415 Resident) 8 -31 -09 1 -16 -07
Mary Ann Rojas 8 -31 -09 6 -17 -08
Diana Mesa, Chair (78415 Resident) 8 -31 -09 5 -24 -05
Jim Boller lII 8 -31 -10 2 -19 -08
* *Daquandria Chillis (Youth) 8 -31 -08 4 -08 -08
Alyssa Carrasco (Youth) 8 -31 -09 4 -08 -08
INDIVIDUALS EXPRESSING INTEREST
Belinda Barrera Substitute Teacher, Corpus Christi Independent School
District. Currently attending College. Activities include:
Church. (2- 22 -08)
Ln —
*Seekingreappointment
* *Not seeking reappointment
** *Resigned
* ** *Exceeded number of absences allowed by ordinance
* * ** *Has met six -year service limitation
—27—
Jo Anna Benavides - Franke Director, Career Services, Texas A &M University- Corpus
Christi. Received Bachelor of' Business Administration in
Human Resources Management from Stephen F. Austin
State University and Master of Science in Education
Administration from Texas A &M University- Corpus
Christi. Activities include: Corpus Christi Human
Resource Management Association, Board of Directors,
Harbor Playhouse, Board of Directors, Bailando Al Aire
Libre Cole Park, Second Baptist Church Volunteer, Choir
and Chaperon, and InStep Dance Studio. Recipient of
Texas A &M University- Corpus Christi Women Center
Unsung Hero Award, 2003. (8 -1 -08)
Katie Ann Childs
Lissa Chilton
Sherri Darveaux
Andrea B. Green
Rick Greenfield
Student attending Texas A &M- Corpus Christi. Former
Community Youth Development (78415) Program Steering
Committee Member. (5- 21 -08)
Coordinator/Instructor, Cortez Music Studio. Currently
attending Texas A&M- Corpus Christi. Activities include:
Association for Childhood Education International, PTA
Officer -Wynn Seale Academy of Fine Arts, Parent
Decision Making Committee in Public Schools, and
Neighborhood Wipe Out Volunteer. (2- 19 -08)
Retired, Former Librarian, Engineering Training
Developer, and Trainer Business Software Applications.
Received Master of Arts in Education, from University of
Texas at San Antonio, Texas and Master of Library Science
from University of Arizona. Attended Executive Program
at Anderson Graduate School of Business, University of
California, Los Angeles. Activities include: Member of
National Library Science Honor Society and Local
Antiquing Group. (1- 25 -08)
Tax Professional, H & R Block. Received B.A. from
Mount Holyoke College, South Hadley, Massachusetts, and
M.S. from Syracuse University, Syracuse, New York.
Activities include: Southside Evening Toastmasters. (1 -9-
08)
Program Manager Engineering Services, MANCON, Inc.
Received A.A. in Liberal Arts, B.A.A.S. in Industrial
Technology, and M.A. in Organizational Management.
Activities include. Qualified Mediator State of Texas. (1-
8-08)
—28—
Lorena Huerta
Lorenzo Knowles
Patricia Ann Livas
Gerard Navarro
Venessa Santos -Garza
Patrick Smith
Investigator, Texas Department of Family and Protective
Services. Received BA in Christian Education from
Southwestem AG University. Activities include: Corpus
Christi Citizen University, LULAC, and Children's Church
Teacher. (2- 18 -08)
Tutor, National Housing Management Corporation. Retired
Army First Sergeant. Degree in Business Management and
Accounting. Recipient of the Jefferson Award. Activities
include: Council President for the Texas Youth
Commission Half Way House and Mayor Committee on
School Drop -out Rate. (9- 17 -07)
Accounting/Billing Clerk, Bay, Ltd. Received Bachelors
Degree in Psychology of Organizational Development and
Masters Degree in Arts and Administration from University
of the Incarnate Word. Activities include: Volunteer with
Brown Bag Challenge and Missionary Work with First
Baptist Church. (2- 22 -08)
Substitute Teacher, Corpus Christi Independent School
District. Currently attending Texas A &M- Corpus Christi.
(5- 19 -08)
Self- Employed. Attended Del Mar College. Activities
include: American Heart Association and Buc Commission.
Recipient of Hispanic Women's Network Las Estrellas
Award 2006. (12- 27 -07)
Programming Consultant, Robbins - Gioia. Received BA in
Applied Sciences from Texas A &M- Commerce. Activities
include: United States Army Reserve and Contractor, Past
Director of Big Brothers Big Sisters, Waco, Texas and Past
President, Active Claremont, Claremont, California. (8 -21-
07)
—29—
CORPUS CHRISTI CONVENTION & VISITORS BUREAU — Seven (7) vacancies
with terms to 8 -1 -09 and 8 -1 -10 representing the following categories: 3 — At Large, 1 —
Hotel Industry, 1 — Restaurant Industry, and 2 — Attraction Industry.
DUTIES: To solicit various organizations and associations to conduct
meetings /conventions /tradeshows within Corpus Christi year- round; to promote the City
as a year -round destination; to design and implement an advertising campaign with state,
national and international coverage to feature the Corpus Christi area as an attractive
region in which to vacation or have conventions or group meetings; to provide support
services to conventions in Corpus Christi; to operate visitor information centers; to
provide information and advice to businesses interested in tourism and convention - related
business in the Corpus Christi area; and to advise the City on projected growth of tourism
and convention - related businesses to assist City planning efforts.
COMPOSITION: Eleven (11) members selected directly by the City Council. The
members shall be representatives of the following groups: 2 - hotel industry; 2 —
attraction industry; 2 — restaurant industry; and 5 - community at large. The Mayor and
City Manager, or their designees, shall serve as ex- officio non - voting members of the
Board. In addition, the Council will appoint a representative from the Port of Corpus
Christi Authority, a representative from the Regional Transportation Authority and a
representative from the C.C. International Airport to serve as ex- officio advisory non
voting members. Appointments will be for staggered, two -year terms. No person may
serve as a voting member for a period longer than six years consecutively, unless such
service is required by virtue of the person's position or title or to complete an unexpired
term.
ORIGINAL
MEMBERS TERM APPTD. DATE
*Foster Edwards (At Large), Chair 8 -01 -08 7 -18 -06
*Robert Tamez (At Large) 8 -01 -08 7 -18 -06
John Trice (At Large) 8 -01 -09 7 -18 -06
Art Granado (At Large) 8 -01 -09 7 -18 -06
*Butch Pool (At Large) 8 -01 -08 7 -18 -06
*Bill Morgan (Hotel Industry) 8 -01 -08 2 -13 -07
Jodi Patel (Hotel Industry) 8 -01 -09 7 -18 -06
** *Bob Becquet (Restaurant Industry) 8 -01 -08 7 -18 -06
Damon Bentley (Restaurant Industry) 8 -01 -09 7 -18 -06
*Frank "Rocco" Montesano (Attraction Industry) 8 -01 -08 6 -19 -07
** *Tom Schmid (Attraction Industry) 8 -01 -09 7 -18 -06
Eduardo Carrion (RTA representative) Ex- officio, non - voting
Michael Perez (Port of CC representative) Ex- officio, non - voting
Fred Segundo (C.C. International Airport) Ex- officio, non - voting
Mayor Ex- officio, non - voting
City Manager Ex- officio, non - voting
Legend:
*Seeking reappointment
* *Not seeking reappointment
** *Resigned
* ** *Exceeded number of absences allowed by ordinance
* * ** *Has met six-year service limitation
—30—
(Note: The Corpus Christi Convention & Visitors Bureau is recommending the
reappointments of Foster Edwards (At Large), Robert Tamez (At Large), Butch Pool (At
Large), Bill Morgan (Hotel Industry), and Frank "Rocco" Montesano (Attraction Industry).
The Board is also recommending the new appointments of Michael Womack or Joe Schenk
for the Attraction Industry and Jack Baker or Mark Schaberg for the Restaurant Industry).
ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT
NO. OF MTGS. NO. % OF ATTENDANCE
NAME THIS TERM PRESENT LAST TERM YEAR
Foster Edwards (At Large) 12 11 (lexc) 92%
Robert Tamez (At Large) 12 11 (lexc) 92%
Butch Pool (At Large) 12 9 (3exc) 75%
Bill Morgan (Hotel) 12 8 (4exc) 67%
Frank Montesano (Attraction) 12 10 (2exc) 83%
OTHER INDIVIDUALS EXPRESSING INTEREST
Christopher Aeby Culinary Academy. (Restaurant Industry) (10-3-07) California
Kay H. Aeby Self- employed, Administrator. Activities include: Past
American Cancer Society Volunteer and Board
Representative. Former Member of the Downtown
Redevelopment Committee. (6- 18 -07)
Cliff Atnip Partner/Real Estate. Cobb, Lundquist and Atnip. Received
B.A. in Finance from Baylor University. Member of the
Rotary Club and Toastmasters. (9/5/07)
J.C. Ayala Owner, Let's Travel. Attended Del Mar College. Activities
include: Airport Board Member, Assistant Scout Master for
Troop 289, Permanent Diaconate Formation for the Diocese
of Corpus Christi and Volunteer for Angel Food Ministries.
(8 -5 -08)
Jack Baker Owner, B & J's Pizza and J.A.K.C. Incorporated. Attended
University of Michigan. Activities include: Volunteer for
Ark Assessment Center, Public Broadcasting Committee, and
Volunteer and Member of Catholic Dioceses. Recipient of
Best of Best Awards from Caller Times. (Restaurant
Industry) (7- 16 -08)
Jo Anna Benavides - Franke Director, Career Services, Texas A &M University- Corpus
Christi. Received Bachelor of Business Administration in
Human Resources Management from Stephen F. Austin
State University and Master of Science in Education
Administration from Texas A &M University- Corpus
Christi. Activities include: Corpus Christi Human
Resource Management Association, Board of Directors,
—31—
David Berlanga
Jim Boller, IlI
Gerald W. Brown, Sr.
Rodney Buckwalter
Nancy Calcaterra
Evy Coppola
Harbor Playhouse, Board of Directors, Bailando Al Aire
Libre Cole Park, Second Baptist Church Volunteer, Choir
and Chaperon, and InStep Dance Studio. Recipient of
Texas A &M University - Corpus Christi Women Center
Unsung Hero Award, 2003. (8 -1 -08)
Financer/ManagerBusinessDeveloper /CEO, Maker Capital
Group, Fung Shui Lounge, Sang &Dav LLC, and American
Builders. Received Bachelors Degree from University of
Texas, Austin and currently working on Masters of Public
Administration/City Management, Texas State University.
Activities include: Habitat for Humanity, Organiser for
Hispanics Organized for Public Education (HOPE), and
Social Director for Zeta Psi. (9- 18 -07)
President/Owner, Jim Boller & Associates, Inc and
President of Banking Associates, Inc. Received BS in
Education/Business and Minor in Economics. Recipient of
#1 Salesman in the Nation for Hallmark Cards and Mosier
Safe Company. (12- 31 -07)
Vice President, RSI & Associates. Received degrees in
Economics and Finance in North Virginia. Activities
include: Institute of Business Appraisers, National Center
for Employee Ownership and the Corpus Christi Chamber
of Commerce. (8- 30 -07)
Manager, Training & Quality, First Data Corporation.
Received A.A. from Del Mar College, B.A. and M.S. from
Texas A & M University — Corpus Christi. Activities
include: Management Development Advisory Committee —
Del Mar College, American Society for Training and
Development, Patriot's Band and Honor Guard of America.
(8- 30 -07)
Food Service, Flour Bluff Independent School District.
Formerly Managed Medical and Chiropractic Offices and
did Medical Insurance Billing. Received Operating Room
Technician Certificate and Attended College. Recipient of
Employee of the Month at Flour Bluff Independent School
District. (2 -4 -08)
Owner, Pathways to Wellness. Activities include:
Founder/Director of Extraordinary Business Women
Owners, League of Women Voters, Westside Business
Association, Barrios Association and Y oga Alliance. (9 -6-
07)
—32—
James Doughty Operator, Valero Refining. Received Bachelor of Science
from Teas A &M University - Corpus Christi. Activities
include: Community Volunteer and Member of CCA and
SEA. (3- 24 -08)
Richard Drilling General Manager, KIII TV. Received A.A. from Fresno
City College. Activities include: Texas Association of
Broadcasters and Corpus Christi Country Club. (9- 11 -07)
Jamie Duff Government Intern, CorpusBeat Magazine. Received B.A.
in English at Texas A & M University and currently
pursuing M.A. from Texas A & M University — Corpus
Christi. Activities include: Corpus Christi Focus and
Church of the Good Shepherd Bell Choir. (9 -5 -07)
Rebecca Esparza Public Relations Consultant. Received Associate in Arts,
Journalism from Del Mar College, Bachelor of Business
Administration, Marketing and Master of Business
Administration from University of the Incarnate Word, San
Antonio. Activities include: Board Member — American
Cancer Society and Co- founder and co- facilitator, M.D.
Anderson Cancer Support Group. (11 -8 -07)
Dr. George H. Fisher Partner /Surgeon, Ear, Nose and Throat Associates.
Received B.S. from University of Alabama and M.D. from
the University of Alabama Medical School. Certified
Commercial and Airline Transport Pilot, Single and
Multiengine and Instructor Pilot. Activities include:
Director — American Bank, former member of C.C. Yacht
Club, YMCA and Chief of Staff of Driscoll Children's
Hospital, Chief of Surgery. (9- 18 -07)
Guadalupe "Albert" Garcia Retired, Corn Products. Attended Del Mar College. Local
musician and founding member and board member of the
Texas Jazz Festival. (9- 11 -07)
John Garcia General Manager, Red Roof Inn & Suites. Attended Del
Mar College. Activities include: Hospitality marketing
Association, Harbor Lights Committee Member, and
Corpus Christi Hispanic Chamber Member and Embajador.
(Hotel Industry) (1- 22 -08)
Mary Jane Garza Assistant Superintendent, West Oso Independent School
District. Received B.S., M.S. and Ed.D. Activities
include: Bishop' s Guild, Literacy Council, Hispanic
Women of the Coastal bend and PDK. (11 -8 -07)
—33—
Mane Guajardo
Chris Hamilton
Kimberly Harris
Laura L. Hebert
Anthony Hernandez
Dora L. Hidalgo
Received Bachelor of Business Administration from
University of Texas, San Antonio College of Business.
Activities include: A.C.R.A San Antonio, CREW San
Antonio, and A.I.A San Antonio. (2- 25 -07)
Vice President, KJM Commercial, Inc. B.S., Texas A &M
University - College Station. (1 /10/07)
Executive Director, Innovative Futures dba Purple Elephant
Consignment. Received Education in Hospitality
Management and Culinary Arts from Del Mar College.
Activities include: Soroptimist International, Amercian
Cancer Society, March of Dimes and Board of Directors,
American Habilitation Services. Received Public Relations
Honor for Soroptimist International. (5 -8 -07)
Owner and President, Hebert Insurance Group, Inc. Past
President of CBAHU and Past President of Delta Gamma,
RCIA teacher, and member of Eastem Star 354. (6 -7 -07)
Director of Operations, Centerplate. Received Degree in
Restaurant Management/Criminal Justice from Del Mar
College. Del Mar College Instructor -Texas Food
Manager's Certification. Activities include: Former Texas
Restaurant Association Member, Texas Certified Food
Protection Management Instructor, and Food Protection
Content Expert with Texas Department State Health
Services. Recipient of Culinary Arts Silver Medal -Texas
Chef's Association and National Catering Association
Award of Merit. (Restaurant Industry) (6- 18 -08)
Clinical Record Administrator, MHMR of Nueces County.
Registered Health Information Technician. Activities
include: Coastal Bend Health Information Management
Association, Former President of the South Texas Amigos
de Mexico, President of Fuerza Comunitaria, and Advisory
Board Member to the Institute of Mexicans Abroad (IME).
Received the Hispanic Women's Network Las Estrellas
Award. (1- 11 -07)
Lea Lenahan Realtor, Lighthouse Realty. Received BS in Exercise
Science and MPH in Public Health. (1- 14 -08)
Govind B. Nadkarni _ Consultant, Engineering and Management. Received
B.S. in Civil Engineering from Gujarat, University and
M.S. in Civil Engineering from University of Southern
California. Activities include: Chairman of Texas Board
of Professional Engineers (Licensing Board for State of
—34—
Richard Pulido
Mark Schaberg
Joseph B. Schenk
Morgan Spear
Nils Stolzlechner
Willis B. Vickery
Texas), Assistant Vice - President of the Southern Zone
for National Council of Examiners for Engineers and
Surveyors. Graduate of Leadership Corpus Christi Class
13, Planning Commission, and Received Tenure Award
from Boys Club of Corpus Christi. (7 -5 -07)
Regional Superintendent, U.S. Navy. Received B.S. in
Business Management from Park College. Activities
include: Prostate Cancer Committee with the American
Cancer Society, Leadership Corpus Christi, Deacon of
Gardendale Baptist Church, Junior Achievement Volunteer
Program and Cable Communications Commission. (6 -18-
07)
Owner /Operator, Concrete Street Amphitheater and
Brewster Street Icehouse. Received Bachelor's Degree in
Marketing and Management from the University of Texas
in Austin. Graduate of Leadership Corpus Christi Class
34. Activities include: Leadership Corpus Christi
Alumni. (Restaurant Industry) (7- 30 -08)
Art Museum of South Texas, Texas A &M University-
Corpus Christi. Received BA, Museum Studies and
Business Management from Huntington College,
Montgomery, Alabama, MA, Art Education from Ball State
University, Muncie, Indiana, and Post Graduate Certificate,
Museum Management from University of California,
Berkeley, California. Activities include: Rotary Club of
Corpus Christi. Recipient of Excellence in Peer Review -
American Association of Museums. (Attraction Industry)
(2- 14 -08)
President/Owner, Morgan Spear Associates, Inc. Received
B.A. from University of Texas. Activities include:
American Institute of Architects, C.C. Chapter of AIA,
Texas Society of Architects, Church of the Good Shepherd,
Alpha Tau Omega and Texas Exes. (11 -8 -07)
General Manager, Omni Hotels. B.A., Business.
Consultant to the Wind & Water Games. Former Member
of Downtown District Improvement, Los Angeles,
California; Swiss Hoteliers Association, Switzerland;
Luceme/Kriens Convention & Visitors, Switzerland.
(Hotel Industry) (6- 28 -07)
Retired. Substitute Teacher in Special Education for
Corpus Christi Independent School District. Ticket Taker at
Whataburger Field and American Bank Center. Received
B.S. in Education and M.S. in Supervision and
Administration. (12- 11 -07)
—35—
Danny D. Williams
Marsha Williams
Michael Womack
Dr. Lan Dianne Young
Marketing/Driver, Papa Johns. Attended McPherson
College. Volunteer Pop Wamer Coach. (4/17/07)
Realtor, Re/Max Metro Properties. Received B.A. in
Business from Texas A & I University Kingsville. Active
member of the Kiwanis Club and the Re/Max Lifetime Hall
of Fame. (9 -5 -07)
Executive Director, South Texas Botanical Gardens &
Nature Center and Free -lance Garden Columnist for the
Corpus Christi Caller- Times. Received Bachelor of
Science in Agriculture from Texas A &I University,
Kingsville, Texas, Master of Science in Floriculture and
Doctor of Education in Agricultural Education from
Texas A &M University, College Station, Texas.
Activities include: Xeriscape Corpus Christi, Formerly
on Board of Directors with Beautify Corpus Christi
Association, Second Baptist Church Member and
Worship and Music Team Leader, and Coastal Bend
Emmaus Community. (Attraction Industry) (8 -1 -08)
Director, Performing Arts Center, Texas A &M University-
Corpus Christi. Received Bachelor of Music, Percussion
Performance, Bachelor of Music Education, All Level,
Master of Music History and Literature, and Ph.D. in
Interdisciplinary Fine Arts from Texas Tech University,
Lubbock, Texas. Activities include: Graduate of
Leadership Corpus Christi Class XXXV, Board member of
Southside Rotary club of Corpus Christi, Cocker Spaniel
Rescue; and Southwest Performing Arts Presenters. (8 -8-
07)
—36--
HUMAN RELATIONS COMMISSION — Six (6) vacancies with terms to 6 -14 -09 and
6 -14 -11 representing the following categories: 3 — Regular Members and 3 - Youth
Members. (Appointed by the Mayor with Approval by the Council)
DUTIES: To study problems of group relationships within the City, and to devise and
recommend to the Mayor and City Council ways and means of discouraging and
combating prejudice, intolerance, and bigotry in all groups in their relations with one
another; to discover all practices and policies calculated to create conflicts and tensions,
and to recommend ways and means of eliminating any unfair or unjust discrimination by
or against any person or group. Recommendations may be presented to the Mayor and
City Council directly by the Committee or it may instruct the Human Relations
Administrator to present them to the City Manager.
COMPOSITION: Sixteen (16) members, fourteen (14) of whom shall be appointed by
the Mayor with approval of the Council to study problems of group relationships within
the City; one who shall represent the selling of' dwellings, one who shall represent the
renting of dwellings and one member of the staff of the Legal Aid Society to serve
continuously, and three (3) shall not be more than 20 years of age at time of appointment
serving one -year terms. Eleven (11) members shall serve three -year terms. The chair of
the commission shall be designated by the Mayor. The Chairperson of the Committee for
Persons with Disabilities serving as an ex- officio voting member.
MEMBERS
Ramiro H. Gamboa, Chairperson (6- 14 -09)
* *Sam Watson
Patricia E. Mattocks
Robert Adler
** *Kelley A. Knight
Lucy Reta
Rene Saenz
*Rev. Derrick Reaves
Richard Pulido
Margie Myers (Selling Dwellings)
Marta Del Angel (Rental Dwellings)
* *Jolumy Dean Richter Meisner (Youth)
* *Jared Cummings (Youth)
* *Lauren McAdams (Youth) 6 -14 -08
Abel Alonzo( Com. Per.Dis.Chair)Ex - officio (Voting)
Errol Summerlin (Legal Aide Society), Vice -Chair , Continuous
TERMS
6 =14 -11
6 -14 -08
6 -14 -10
6 -14 -09
6 -14 -09
6 -14 -09
6 -14 -11
6 -14 -08
6 -14 -10
6 -14 -10
6 -14 -09
6 -14 -08
6 -14 -08
ORIGINAL
APPTD. DATES
1 -15 -08
6 -14 -05
1 -15 -08
6 -22 -04
7 -11 -06
6 -22 -04
1 -15 -08
7 -11 -06
7 -24 -07
7 -24 -07
7 -11 -06
7 -24 -07
7 -24 -07
7 -24 -07
L
*Seeking reappointment
* *Not seeking reappointment
** *Resigned
* ** *Exceeded number of absences allowed by ordinance
* * ** *Has met six-year service limitation
—37—
(Note: The Human Relations Commission is recommending the reappointment of
Pastor Derrick Reaves and the new appointments of Dr. Chon-Kyun Kim, Edna
Arredondo, A. J. Galvan (Youth), Robert J. Bonner (Youth), and Staci Alanis (Youth).
ATTENDANCE RECORD OF MEMBER SEEKING REAPPOINTMENT
NO. OF MTGS. NO. % OF ATTENDANCE
NAME THIS TERM PRESENT LAST TERM YEAR
Pastor Derrick Reaves 11 5 (6 absences, 45%
5 excused)
INDIVIDUALS EXPRESSING INTEREST
Kay H. Aeby
Staci Alanis
Edna Arredondo
Self- employed, Administrator. Activities include: Past
American Cancer Society Volunteer and Board
Representative. Former Member of the Downtown
Redevelopment Committee. (6- 18 -07)
Senior, Tuloso- Midway High School. Activities include:
Mascot and Plays Basketball. (Youth) (5- 27 -07)
Customer Service Manager, MV Transportation. Attended
Del Mar College. Activities include: Mental Health and
Mental Retardation Advisory Committee. (6 -9 -08)
Jo Anna Benavides- Franke Director, Career Services, Texas A &M University- Corpus
Christi. Received Bachelor of Business Administration in
Human Resources Management from Stephen F. Austin
State University and Master of Science in Education
Administration from Texas A &M University - Corpus
Christi. Activities include: Corpus Christi Human
Resource Management Association, Board of Directors,
Harbor Playhouse, Board of Directors, Bailando Al Aire
Libre Cole Park, Second Baptist Church Volunteer, Choir
and Chaperon, and InStep Dance Studio. Recipient of
Texas A &M University- Corpus Christi Women Center
Unsung Hero Award, 2003. (8 -1 -08)
Robert J. Bonner III
Junior, Richard King High School. Activities include:
Varsity Golf, Pilgrim Rest Baptist Church Youth Ministry,
First Tee Golf Program, NCCJ Walk -A- Thon, and St. John
Baptist Church Community Golf Clinic. Accepted to
Participate in the Congressional Student Leadership
Conference. (Youth) (4- 24 -08)
-38--
Rebecca Esparza Public Relations Consultant. Received Associate in Arts,
Journalism from Del Mar College, Bachelor of Business
Administration, Marketing and Master of Business
Administration from University of the Incarnate Word, San
Antonio. Activities include: Board Member — American
Cancer Society and Co- founder and co- facilitator, M.D.
Anderson Cancer Support Group. (11 -8 -07)
A. J. Galvan 2008 Ray High School . Attending Del Mar College.
Activities include: Community Theater. Recipient of UIL
Best Actor Award, UIL Poetry District Champ, TFA
Humorous State Champ, and Dramatic national Qualifier.
(Youth) (5- 13 -08)
Nathan Daniel Garcia Senior, Richard King High School. Activities include:
Editor -in -Chief for School Magazine, Spanish Honor
Society, National Honor Society, Student Council, Key
Club, Spanish Club, Texas Association of Future Educators
and Geophilia Club. (Youth) (6 -9 -08)
Rick Greenfield Program Manager Engineering Services, MANCON, Inc.
Received A.A. in Liberal Arts, B.A.A.S. in Industrial
Technology, and M.A. in Organizational Management.
Activities include: Qualified Mediator State of Texas. (1-
8-08)
Michele Hammock Educational Diagnostician, Tuloso- Midway Independent
School District. Received Bachelor's Degree in Business
from Corpus Christi State University and Master's Degree
in Education from Texas A &M University - Corpus Christi.
(2- 19 -08)
Austin Harbin Senior, Richard King High School. Activities include:
Altar Server and Employed at Carinos Italian Grill.
Attended the National Young Leaders Conference in
Washington D.C. (Youth) (5 -7 -08)
Tony Kailas Owner, Visio Residential Properties LLC. Received B.S.
in Environmental Science and Range and Agronomy from
Hardin - Simmons University, Abilene, Texas. Activities
include: Chamber of Conunerce Ambassador and Boy
Scouts of America. (7- 31 -08)
—39—
Chon -Kyun Kim
Judith Labeck
Assistant Professor, Texas A &M University - Corpus
Christi. Received B.A. in History from Kyunghee
University, Seoul, South Korea, M.P.A. in Public
Administration, Korea University, Seoul, South Korea, and
Ph.D. in Political Science, State University of New York at
Binghamton. Recipient of Research Grant, Tuition
Scholarship and Graduate Teaching Assistantship and
International Student Grant -in -Aid Award. (5- 14 -07)
Received B.A. from Seattle University, Seattle,
Washington, Master of Social Work (MSW) and Master of
Healthcare Administration from University of Minnesota,
Minneapolis Minnesota. Activities include: Former
Member of City of Plymouth Minnesota Human Rights
Commission. (1- 14 -08)
Edward Frank Lewis Retired. Attended Career Academy of Broadcasting and
International School of Minister AA. Currently attending
South Texas School of Studies. Activities include:
Republican Precinct Chair. (3- 28 -08)
Richard Miller Director, Kantar Operations. Received a Degree in
Business. Activities include: CMOR, MRA, and Youth
League. (6- 25 -08)
Carl L. Powell Retired, Bureau of Prisons. Received B.S. in Psychology
from Loyola University. Activities include: CASA/ Health
and Human Services Volunteer. (1- 11 -08)
Woodrow Mac Sanders Medical Social Worker, Texas Department of State Health
Services. Received Bachelor of Arts from Texas A &I
University, Kingsville, Master of Science-
Psychology /Counseling and Guidance from Corpus Christi
State University and Post Masters Degree work toward
ED.D. Activities include: Licensed Baccalaureate Social
Worker, Adjunct Professor of History at Coastal Bend
College, and Board Member of Selective Services System.
(12- 10 -07)
Jacob Sendejar
Senior, Tuloso- Midway High School. Activities include:
Student Council, Marketing, and Del Mar Dual Credit
Program. (Youth) (7- 25 -08)
Brian Solarek Logistics Lead, Boeing. Received Bachelor's Degree in
Management. (1- 28 -08)
—40—
Patrick Smith
Linda Fallwell Stover
Arthur J. Valdez
Programming Consultant, Robbins - Gioia. Received BA in
Applied Sciences from Texas A &M- Commerce. Activities
include: United States Army Reserve and Contractor, Past
Director of Big Brothers Big Sisters, Waco, Texas and Past
President, Active Claremont, Claremont, Califomia. (8 -21-
07)
Manager of' Purchased Transportation, Corpus Christi
Regional Transportation Authority. Undergraduate Work —
University of Texas and Certified Mediator —Del Mar
College. Activities include: Chair of Committee for
Persons with Disabilities and Member of HCS Advisory
Committee — Nueces County MHMR. Received Pioneer
Award from the Accessibility Coalition of the Coastal Bend
and Graduate of Leadership Corpus Christi Class XXX. (1-
2-08)
SAH Agent/Senior Appraiser, Department of Veterans
Affairs. Attended Saint Mary's University and San
Antonio College in San Antonio, Texas. Activities include:
Knights of Columbus, Church Activities, and LULAC. (5-
13-08)
—41—
PARK AND RECREATION ADVISORY COMMITTEE — Four (4) vacancies with
terms to 8- 23 -10.
DUTIES: To provide advice on City parks and buildings therein, public outdoor
recreation areas and centers and other grounds under its purview by the City Manager.
COMPOSITION: Eleven (11) members appointed by the City Council, who are
residents of the City and serve without compensation for a two -year term beginning
August 23, or until their successor is appointed. The Board elects its Chairman.
MEMBERS
Hunter Young, Chair
*Rene Richard Gutierrez
*Garrett Dorsey
Ron Woods
Lisa Ann Torres
* * * * *Dorrinda Garza
Mari Whitworth
Dr. Jinsun Kim
Sylvia Samaniego
*Buddy Sparks
Gregory T. Perkes
ORIGINAL
TERM APPTD. DATE
8 -23 -09 5 -18 -04
8 -23 -08 10 -17 -06
8 -23 -08 4 -18 -06
8 -23 -10 6 -17 -08
8 -23 -09 6 -17 -08
8 -23 -08 8 -20 -02
8 -23 -09 1 -18 -05
8 -23 -09 3 -11 -08
8 -23 -09 12 -18 -07
8 -23 -08 5 -10 -05
8 -23 -09 4 -22 -03
(Note: The Park and Recreation Advisory Committee is
appointment of Kendal %yes).
recommending the new
ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT
NO. OF MTGS.
NAME THIS TERM
Rene Richard Gutierrez 11
Garrett Dorsey 11
Buddy Sparks 11
NO.
PRESENT
10
8
7
OTHER INDIVIDUALS EXPRESSING INTEREST
Edna Arredondo
% OF ATTENDANCE
LAST TERM YEAR
91%
73%
64%
Customer Service Manager, MV Transportation. Attended
Del Mar College. Activities include: Mental Health and
Mental Retardation Advisory Committee. (6 -9 -08)
Legend:
*Seeking reappointment
* *Not seeking reappointment
** *Resigned
* ** *Exceeded number of absences allowed by ordinance
* * ** *Has met six-year service limitation
—42—
Kim Charba Business Consultant, American Dairy Queen. Received BS
from Texas A &M University, College Station. Activities
include: Women's Shelter and Children's Miracle Network
Telethon. (3 -3 -08)
Elenita Collins Retired. Graduated from Southern Methodist University.
Activities include: Volunteers and Serves on the Board of
Governors at the Art Museum of South Texas. (8 -1 -08)
Elisha R. Dickerson III Chairman, Tropical Isles Investment Club. Currently
attends Texas A &M- Corpus Christi. Activities include:
National Youth Crime Watch of America Member and The
Rising Scholar — Texas A &M- Corpus Christi. Past Vice -
President of South Texas Hispanic Baptist Youth
Encampment. (4 -5 -07)
James Doughty Operator, Valero Refining. Received Bachelor of Science
from Teas A &M University- Corpus Christi. Activities
include: Community Volunteer and Member of CCA and
SEA. (3- 24 -08)
Jim Espey Retired, Sales/Marketing Director. Received BS
Humanics/Psychology. Activities include: YMCA
Board/Committees, Yacht Club Director, Private Pilot,
Scuba Instructor, and Real Estate. (1 -9 -08)
Carlos Haney Owner, Enlightened Images. Received a B.A. in
Communications from Corpus Christi State University.
Activities include: Corpus Christi Ad Club and PTO
Marketing Committee — Corpus Christi Montessori School.
(6- 20 -08)
Scott Harris Project Engineer, HDR Engineering. Received B.S. in
Civil Engineering. Activities include: United States Navy
Reserves, City of Corpus Christi Citizens University Class
03, American Society of Civil Engineers, Girl Scouts of
Greater South Texas, and Northwest Pony League.
Recipient of United States Navy Commendation Medal —
Operation Iraqi Freedom 2005. (12- 28 -07)
Melissa Hofstetter Owner, Secretarial Solutions. Currently attending Texas
A &M University — Kingsville pursuing a degree in social
work.. Activities include: Oso Park Neighborhood
Association, Court Appointed Special Advocates (CASA),
National Honor Society of Social Workers, and Spaulding
for Children. (9- 14 -07)
—43—
Nick Horak
Cecilia G. Huerta
Lawrence Jordan
Kendal L. Keyes
IS Manager, Nueces County Appraisal District. Received
an AAS, BBA, and MBA. Activities include: Coastal
Bend Chapter of The American Society of Public
Administrators, Texas Association of Appraisal Districts,
National Society of Hispanic MBA's. Awarded Who's
Who Among Students in American Junior Colleges and Phi
Teheta Kappa. (12- 12 -07)
Consultant. Former Counselor and Teacher. Received
Bachelors of Arts in English and Masters of Arts Guidance
and Counseling from Texas A &I University. Activities
include: Association of School Counselors, Hispanic
Women's Network of Texas Corpus Christi Chapter, and
Junior Achievement Volunteer. (2- 11 -08)
Retired, Lawyer and Educator. Received B.A. from Rice
University, Ph.D. from Yale University and J.D., Texas
Tech University. Activities include: Past Vice President of
Audubon Outdoor Club of Corpus Christi, America's
Birdiest City Contest Organizer and Coordinator and
Audubon Christmas Bird Counts. (2- 18 -08)
Coastal Ecologist, Texas Parks and Wildlife Department.
Received a B.S. in Biology and M.S. Environmental
Science from Texas A & M University — Corpus Christi.
Activities include: Current member of the Animal Control
Advisory Committee, Coastal Bend Bays Foundation,
Sierra Club/Lone Star Chapter, and Tarpon Tomorrow.
(10- 12 -07)
John B. Keys Equity Trader/Fixed Income Specialist, Herndon Plant
Oakley. Attended Texas A &M University. Activities
include: Santa Fe Swimming Club Board Member —
Treasurer and Past President. (2- 18 -08)
Billy L. Leddon Retired. Received Bachelor of Art from Wichita State
University. (9 -5 -07)
Gerald Lerma Technical Services, Hagemeyer North America. Currently
enrolled at Del Mar College. Member of Corpus Christi
Citizens' University. (3- 19 -07)
Jerry Lipstreu
Area Manager, Kleinfelder. Received BA in Botany from
University of Texas, Austin. Activities include: Associated
Builders and Contractors Board Member, West Corpus
Christi Rotary Member, and Port Aransas Boatmen
member. (9- 19 -07)
—44—
Patricia Ann Livas
Richard Miller
Jimmy Mitchell
Leslie Ory
Rita Sonia Padron
Accounting/Billing Clerk, Bay, Ltd. Received Bachelors
Degree in Psychology of Organizational Development and
Masters Degree in Arts and Administration from University
of the Incarnate Word. Activities include: Volunteer with
Brown Bag Challenge and Missionary Work with First
Baptist Church. (2- 22 -08)
Director, Kantar Operations. Received a Degree in
Business. Activities include: CMOR, MRA, and Youth
League. (6- 25 -08)
Retired Naval Officer Captain, United States Navy.
Received Bachelor of Science in Biology from University
of Central Oklahoma and Associate of Applied Science
from Del Mar College. Activities include: Navy League.
(9- 21 -07)
Air Conditioning Repairer, Corpus Christi Army Depot.
Activities include: Past Little League President for
National Little League and Little League District 23
Director. (6- 18 -07)
Acute Dialysis Nurse, Renal Care Group. Received
Vocational Nurse Degree from Del Mar Technical School,
Certified Hemodialysis Practitioner and Pediatric
Vocational Nurse. Activities include: Youth Coach for
YMCA and Park and Recreation Boys Basketball
Programs, Corpus Christi International Airport
Ambassador, Member of RSVP, and Board of NephrologY
Examiners Nursing and Technology — Policy and
Procedures Chair. Recipient of Leadership Awards with
RSVP and Senior Services. (2- 20 -08)
Cheryl Capages Peebles Currently working as Freelance Writer. Received degrees
from University of Tulsa College of Law, J.D. and
University of Missouri School of Journalism, B.J.
Activities include: Artist/Harpist for Art Center and
Unitarian Universalist Church Choir and Worship
Committee. (1- 15 -07)
Ruth C. Perez Financial Counselor, Christus Spohn Memorial. Attended
Del Mar College. Activities include: State Democratic
Convention Delegate. (7- 25 -08)
—45—
Randall (Randy) Reed Owner, Outside Dimensions. Received BBA in Finance
and Economics from South West Texas State University.
Activities include: Chamber of Commerce Board, Corpus
Christi Executive Association Board, Ambassador
Chairperson Chamber of Commerce, Beautify Corpus
Christi, Westside Business Association, and Leadership
Corpus Christi Class XXXVI Alumni. (8 -6 -08)
Jo Marie Rios, Ph.D.
Came Robertson
Associate Professor, Texas A &M University - Corpus
Christi. Received a B.A. in Economics and M.A. in
Economics from St. Mary's University, San Antonio, Texas
and Ph.D. in Political Science and Public Administration
from University of Oklahoma. Recipient of the 2006
Affordable and Fair Housing Award from the Coastal Bend
Council of Governments. (2- 19 -08)
Owner /Operator, Third Coast Photo & Web. Received
Bachelors of Art in Photojournalism from University of
Texas- Austin. Activities include: Newsletter
Editor/Member of Corpus Christi Beach Association,
Webmaster/Member of Corpus Christi Windsurfing
Association, and Adopt A Spot. (10 -9 -07)
Don Rucker, Jr. Owner, Storecraft, Inc. Attended College. (12- 10 -07)
Enrique M. Salinas Retired. Over Twenty Years of Military Service.
Activities include: NIP for Chula Vista Area. (9- 26 -07)
Abel Sanchez City Carrier, United States Postal Service and Construction
Contractor. Attended College. Activities include:
Volunteer Counselor and Facilitator for Alcohol and Drugs
Coastal Bend and Veterans Center. (3- 13 -08)
Venessa Santos -Garza Self - Employed. Attended Del Mar College. Activities
include: American Heart Association and Buc Commission.
Recipient of Hispanic Women's Network Las Estrellas
Award 2006. (12- 27 -07)
Bill Shearer Pastor, The Rock and Salesman, Delta Tire. Attended
Lincoln Technical Institute and Howard Payne University.
Activities include: Freemason. (2- 18 -08)
Patrick Smith
Programming Consultant, Robbins - Gioia. Received BA in
Applied Sciences from Texas A &M- Commerce. Activities
include: United States Army Reserve and Contractor, Past
Director of Big Brothers Big Sisters, Waco, Texas and Past
President, Active Claremont, Claremont, California. (8 -21-
07)
—46—
Marcella Taylor
Timothy Weitzel
Graduate from the University of Texas. Activities include:
Former Member of the City Recycling Committee and
Trustee and Volunteer of the Art Museum of South Texas.
Recipient of Service Award for the Junior League. (8 -4-
08)
Attended San Jose City College, San Jose, California.
Activities include: Webmaster, Baritone for Area 52
Barbershop Quartet, and Bible Class. (7 -7 -08)
—47—
3
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 08/12/2008
AGENDA ITEM: Ordinance appropriating $228,012.99 from the unreserved fund balance in the
No. 1061 - 821001 Law Enforcement Federal Trust Fund and appropriating $111,284.15 from the
unreserved fund balance in the No. 1061- 821000 Law Enforcement State Trust Fund for law
enforcement equipment and related expenditures, and declaring an emergency.
ISSUE: Additional funds need to be appropriated in the Law Enforcement Trust Fund to cover
annual expenditures.
BACKGROUND INFORMATION: These funds are appropriated each year to cover annual
expenditures for the Police Department. The proposed budget detail is attached.
REQUIRED COUNCIL ACTION: Appropriation of funds.
CONCLUSION AND RECOMMENDATION: Staff recommends appropriation of funds.
7/
ref 'AP
Attachments:
• Budget 0809
—51—
B.P. Smith
Chief of Police
7/28/2008
-52-
J: \051205\LETF\LETF 0809
FY 08/09
Law Enforcement Trust Fund State 821000
Budget
Balance as of 7/25/08
$ 111,284.15
520090
Minor Tools
$ 10,000.00
520100
Minor Computer Equipment
$ 61,384.15
530200
Telephone - nextel phones (21)
$ 9,900.00
530500
Printing /Advertising
$ 10,000.00
Recruiting
547010
Travel
$ 20,000.00
Recruiting
Total
$ 111,284.15
$ -
Law Enforcement Trust Fund Federal 821001
Balance as of 7/25/08
$ 228,013
530000
Professional Services
$ 30,000.00
Teen Court
$ 30,000.00
548590
Cash Contribution -grant match
$ 198,013.00
Public Safety Interoperability Communications grant
$ 73,307.00
Port Security Grant 2007 (this will be paid out as the
project progresses over 2 year period)
$ 62,906.00
Port Security Grant 2006
$ 31,800.00
Child Sexual Predator Grant
$ 30,000.00
Total
$ 228,013.00
7/28/2008
-52-
J: \051205\LETF\LETF 0809
ORDINANCE
APPROPRIATING $228,012.99 FROM THE UNRESERVED FUND
BALANCE IN THE NO. 1061 - 821001 LAW ENFORCEMENT FEDERAL
TRUST FUND AND APPROPRIATING $111,284.15 FROM THE
UNRESERVED FUND BALANCE IN THE NO. 1061 - 821000 LAW
ENFORCEMENT STATE TRUST FUND FOR LAW ENFORCEMENT
EQUIPMENT AND RELATED EXPENDITURES; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $228,012.99 is appropriated from the unreserved fund balance in
the No. 1061 - 821001 Law Enforcement Federal Trust Fund and that $111,284.15 is
appropriated from the unreserved fund balance in the No. 1061- 821000 Law
Enforcement State Trust Fund for law enforcement equipment and related
expenditures.
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 12th day of August, 2008.
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary Henry Garrett, Mayor
Approved as to form J v (,3 21 , 2008
Joseph Harney
Assistant City Attorney
For City Attorney
—53—
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 Hummell
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
-54-
4
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 08/12/2008
AGENDA ITEM: Motion amending the FY 2006 Port Security Grant to provide for an
additional $31,800 in No. 1061 Police Grant Fund based on a required increase in cash
match for funding, increasing the total project to $127,199, with $95,400 approved
federal funds and $31,800 cash match from the Law Enforcement Trust Fund, to
purchase law enforcement equipment for the Police Department.
ISSUE: The Department of Homeland Security has advised that there was an increase
required in the cash match for the Port Security Grant. --
BACKGROUND: The original grant instructions stated there was a 25% match on all
projects $25,000 or over. The Police Department applied for four different projects, each
under the $25,000 threshold for match. The Department of Homeland Security advised us
recently that the 25% match was applicable to the entire grant.
REQUIRED COUNCIL ACTION: Approving the ordinance.
PREVIOUS COUNCIL ACTION: The Council accepted the grant and appropriated the
funds for the grant on 10/31/2006.
CONCLUSION AND RECOMMENDATION: Staff recommends appropriating the funds.
Attachments:
Bryan P. Smith
Chief of Police
• Memorandums from Homeland Security
-57-
Memorandum
Subject:
FINAL Review on
Application #: 2006-V1014-TX-GB
City of Corpus Christi
Award #: 2006 -GB -T6 -0092
Date: July 15, 2008
To: Duane Davis From: Bertram McKeithen
The Financial Accountability and Oversight Division reviewed the subject application for funding approval. Costs appear
allowable, reasonable and consistent with GPD program guidance:
BUDGET
Personnel $0
Fringe Benefits 0
Travel 0
Equipment 127,200
Supplies 0
Construction 0
Consultants/Contracts 0
Other Costs 0
Total Direct Costs $127,200
Indirect Costs 0
Total Project Costs $127,200
Approved Federal Funds
Non Federal Match
$95,400
$31,800
Match Calculation
Federal amount requested $ 95,400
Divided by 75% 75%
Adjusted project costs 127,200
Multiply by 25% 25%
Total Match Required 00
1. The program office should issue a Grant Adjustment Notice (GAN) to release Special Condition #4 prohibiting
obligation, expenditures, and drawdowns. The approved budget as itemized above must be included on the Grant
Adjustment Notice (GAN). Please attach a copy of the Final Review Memo to the GAN.
Page 1 of 1 for Application #finanarancememo-City of Corpus Christi
Memorandum
Subject:
INTERIM Budget Review on
Application #: 2006- V1014 -TX -GB
City of Corpus Christi
FY 2006 Port Security Grant Program
Award #: 2006 -GB-T6 -0092
To: Gerald Del Rosario
Date: September 28, 2007
From: Bertram McKeithen
OGO
The Office of Grant Operations has conducted an interim financial/budget review of the subject application for funding
approval. This review has resulted in the following questions/comments:
A 25% match of the total project cost is required for this award. Please note that per the Port Security Grant Guidelines
"Public Sector applicants must provide matching funds supporting at least 25 percent of the total proiect cost for each
proposed project." The Federal Award is intended to support up to 75% of the total oroiect cost. The minimum total
project cost can be calculated by dividing the award amount (95,400) by 75 %; which equals 5127,200. Based on the
grantee's most recently submitted budget, those costs should be distributed as follows:
Federal Award Match Total Project Cost
Project #1 $23,500 $7,833 $31,333
Project #2 $25,000 $8,333 $33,333
Project #3 $22,000 $7,333 $29,333
Project #4 $24,900 $8,300 $33,200
Total $95,400 531,800 $127,199
Your office should contact the applicant and advise them to respond to all issues raised in this interim review. Please
forward the applicant's response to OGO so that we may clear this budget. If there are any questions, please feel free to
contact me at 202.786.9578.
Page 1 of 1 for Application #irtterimreview -City of Corpus Christi
5
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: August 12, 2008
AGENDA ITEM:
A. Motion authorizing the City Manager or his designee to execute all documents necessary to
accept the grant from the America's Promise Alliance in the amount of $10,000 for the
purpose of hosting a Dropout Prevention Leadership Summit during the first quarter of 2009
that will allow community leaders to convene key stakeholders to develop and /or advance
action plans for improving the high school graduation rate and ensuring young people are
ready for college /technical training, work and life.
B. Ordinance appropriating a $10,000 grant from the America's Promise Alliance in the No.
1071 Community Enrichment Grant Fund for the purpose of hosting a Dropout Prevention
Leadership Summit during the first quarter of 2009 that will allow community leaders to
convene key stakeholders to develop and /or advance action plans for improving the high
school graduation rate and ensuring young people are ready for college /technical training,
work and life; and declaring an emergency.
ISSUE: In order to effectively address and improve our community's graduation rates, initiatives to
place the issue front and center in Corpus Christi are needed in order to develop a focused effort
toward real, workable solutions to keep our youth in school and prepared for college /technical
training, work and life.
REQUIRED COUNCIL ACTION: Action is required to accept the America's Promise Alliance grant,
appropriate grant funds and authorize the City Manager or his designee to execute all related
contracts and documents. If funding is accepted, the resulting post- summit action plan addressing
our community's dropout issues in order to improve graduation rates will be brought back to Council
for future discussion and consideration.
PREVIOUS COUNCIL ACTION: None
CONCLUSION AND RECOMMENDATION: Staff recommends approval of the resolution and
ordinance as presented.
Attachments: Background
Grant Award Letter
Grant Agreement
Ordinance
-63-
JoAnn Hooks,)
Director of Education Initiatives
BACKGROUND INFORMATION
The America's Promise Alliance is the nation's largest multi- sector collaborative dedicated to the
well -being of children and youth. Alliance partners include corporations, nonprofit service
organizations, foundations, policymakers, advocacy organizations, and faith groups that work
collaboratively to ensure that America's young people receive the Five Promises — Caring Adults,
Safe Places, a Healthy Start, Effective Education and Opportunities to Help Others.
Building on the legacy of its founder, General Colin Powell, the America's Promise Alliance is the
leader in forging a strong and effective partnership alliance committed to seeing that children
experience the fundamental resources they need to succeed.
On April 1, 2008, the America's Promise Alliance launched a massive two -year effort to mobilize
leadership summits across the country to address the high school dropout crisis. During a press
conference in Washington, D.C., General and Mrs. Alma Powell called for 100 Dropout
Prevention Leadership Summits to be held nationwide by 2010 to focus attention on the national
high school dropout crisis. Through a "clarion call to action," the America's Promise Alliance
invited 50 states and 50 cities to apply for funds to assist in hosting a summit. Mayor Henry
Garrett accepted the challenge and through the efforts of the Office of Education Initiatives, the
Parks and Recreation Department and Citizens for Educational Excellence, an application for
funding was submitted by the April 21 deadline. On June 16, the City of Corpus Christi received
a confirmation of funding letter for a $10,000 grant to assist in hosting a summit.
The goals of the summit are:
• To increase public awareness of a crisis that too few young people graduate from high
school prepared for college and careers;
• To identify and inspire local leadership to follow -up and seek change; and
• To secure commitment for integrated, cross - sector, collaborative action to implement
research -based solutions that strengthen schools and provide wraparound supports to
kids who need them most.
Some of the required elements to include during the summit are:
• Demonstrated leadership from multiple sectors, preferably through direct participation of
elected officials, chambers of commerce leaders and /or major employers, education
officials, academia, media and the non - profit youth- serving community, among others;
• Building upon and partnering with existing local education reform efforts;
• Youth voice and leadership, in the planning of the summit, visible speaking roles, and
follow -up activities;
• A focus on policy implications and opportunities to influence policy development at the
local, state and federal level; and
• Issues important to high -need populations, including at -risk youth, homeless youth, teen
parents, etc.
The Corpus Christi Summit will provide an opportunity to work with Citizens for Educational
Excellence to share the outcomes that have resulted from recommendations from the "Even One
Dropout is Too Many" community forums held in 2003 & 2004. The City, CCISD and the Diocese
of Corpus Christi will also give an update on progress made since the Operations K.E.Y.S. high
school dropout recovery walk held on September 6, 2008.
-64-
In addition to the grant funding, the America's Promise Alliance will provide additional summit
support as part of the grant award. This support will be in the form of:
• Connections with Alliance affiliates and national partners;
• Technical assistance (planning, leadership outreach, policy, youth engagement, etc.);
• Web -based resources (data, template agendas, speakers, best practices, etc.);
• Post - summit action planning support; and
• National evaluation with Duke University's Children and Family Policy Center
Deliverables required of the city include:
• A monthly progress report and participation in monthly technical assistance calls;
• A project narrative, including an attendance report, due 10 days after completion of the
summit, and no later than December 31, 2009; and
• A post- summit action plan (using a template provided by America's Promise) as well as a
final report and financial report.
—65—
June 16,2008
Ms. JoAnn Hooks
City's Education Advisor
1201 Leopard Street
5th Floor
Corpus Christi, TX 78401
Dear Ms. Hooks:
AMERICAS PROMISE
ALLIANCE
Congratulations on your grant award. Enclosed please find two signed grant agreements for the
period June 15, 2008 - December 31, 2009 to cover costs associated with hosting a summit that
will allow state leaders to convene key stakeholders to develop and/or advance action plans for
improving the high school graduation rate. Per the requirements outlined in the grant agreement,
the following deliverables are required:
• A monthly progress report and participation in monthly technical assistance calls.
• A project narrative, including an attendance report, due ten (10) days after completion of
summit, and no later than December 31, 2009.
• A post - summit action plan (using template provided by America's Promise), final report and
financial report including a cash basis financial statement attested to by the responsible
financial officer of the Grantee or a certified public accountant is due within sixty (60) days
after completion of the Summit.
Please sign and include your organization's tax identification number on both grant agreements.
Keep one for your files, and return the second grant agreement to America's Promise.
Please return your signed grant agreement to:
America's Promise Alliance
Attn: Finance & Administration
1110 Vermont Avenue NW, Ste 900
Washington, D.C. 20005
Upon receipt of your signed grant agreement, America's Promise will send you a payment of
$5,000. The second payment of $5,000 will be dispersed no later than thirty (30) days prior to
summit date.
We look forward to working with you.
Sincerely,
x! i
Donna Anderson
CFO and Senior Vice President
THE FIVE PROMISES CARING ADULTS SAFE PLACES HEALTHY START EFFECTIVE EDUCATION OPPORTUNITIESTO HELP OTHERS
1110 Vermont Avenue N.W., Suite 900, Washington, D.C. www.americaspromise.org tel 202.657.0600 fax 202.6570601
AMERICAS PROMISE
ALLIANCE
June 16, 2008
Ms. JoAnn Hooks
City's Education Advisor
1201 Leopard Street
5th Floor
Corpus Christi, TX 78401
Dear Ms. Hooks:
This letter serves as the grant agreement (the "Grant Agreement ") between America's Promise Alliance
and the fiscal agent (the "Grantee "). As such, it outlines the terms and conditions that apply to the
$10,000 grant awarded for the purposes of hosting a summit that will allow community leaders to
convene key stakeholders to develop and/or advance action plans for improving the high school
graduation rate and ensuring young people are ready for college, work and life.
America's Promise Alliance will work with grantee to meet the intended summit goals, which include:
• Demonstrating leadership from multiple sectors, preferably through direct participation of elected
officials, chamber ofcommerce leaders and/or major employers, education officials, faith leaders,
academia, media, young people and the non - profit youth - serving community, among others.
• Building upon and partnering with existing local education reform efforts to raise academic
expectations that are aligned with requirements for success in college, work and life and ensure
necessary supports are in place to meet those expectations.
• Including youth voice and leadership in the planning of the summit, visible speaking roles, and
follow -up activities.
• Focusing on policy implications and opportunities to influence policy development at the local, state
and/or federal level.
• Promoting issues important to high -need populations, including youth in the child welfare system,
homeless and runaway youth, youth in the juvenile justice system, teen parents, etc.
• Including topical discussions that will result in the development of an action plan to improve youth
outcomes by strengthening low- performing schools and providing more wraparound supports to the
young people who need them most in that state or community.
• Committing to the development of a Post - Summit Action plan, based upon a common template,
within 60 days after completion of the Summit with elements derived from the following:
o The Alliance's three National Action Strategies (Where the Kids Are — beginning with schools,
wraparound services where at -risk youth and their families already are engaged; Ready for the
Real World — service - learning and career exploration for middle school aged students; and All
Kids Covered — enrollment of eligible youth in state- and federally - funded health insurance
THE FIVE PROMISES CARING ADULTS SAFE PLACES HEALTHY START EFFECTIVE EDUCATION OPPORTUNITIES TO HELP OTHERS
1110 Vermont Avenue N.W., Suite 900, Washington, D.C. 20005 wwwamericaspromise.org tel 202.657.0600 fax 202.6570601
programs) which are supported by the Alliance's national partner organizations, and are viable
and agreed -upon solutions for providing more wraparound supports to young people.
o The "10 -Point Plan to Address America's Silent Epidemic" whose policy and practice
recommendations have been approved by more than 100 leading national organizations.
o Other research -based solutions, such as those outlined by the American Diploma Project.
Terms and Conditions
1. Use of Grant Funds — All grant funds must be used only for charitable or educational purposes
within the meaning of Internal Revenue Code Section 170(c)(2) and, more specifically, for the
purposes stipulated above (the "Permitted Uses ") and substantially in accordance with the
attached approved budget. The grant funds may not be expended for any other purpose without
America's Promise Alliance's prior written approval. Any funds not expended for the purposes
of the grant during the grant term must be immediately returned to America's Promise Alliance.
Grantee must contact America's Promise Alliance if it wishes to propose an alternate use of Grant
funds from the Permitted Uses. Alternate use of Grant funds is permissible only if the Grantee
has first contacted America's Promise Alliance to propose such changes, and subsequently has
received America's Promise Alliance written approval to proceed with those changes.
2. Changes to the proiect plan — The Grantee is required to alert America's Promise Alliance to any
significant changes to its organization or the project that could potentially impede its ability to
implement plans and programs outlined in its proposal. Such changes would include but are not
limited to significant alterations to its project activities/work plan, budget, staffing, funding from
other sources or relationships with other organizations in effect at the time of this Grant
Agreement. If there is any doubt about whether these changes are sufficiently significant to
require reporting, America's Promise Alliance staff must be consulted.
3. Prohibited activities — The Grantee agrees that no portion of the Grant shall be used for activities
that are prohibited to organizations exempt from federal income tax, including, without
limitation, the participation or intervention in (including the publishing or distribution of
statements) any political campaign on behalf of any candidate for public office, nor should the
Grant be used for attempting to influence legislation or lobbying.
4. Termination of Grant and Reversion of Grant funds — America's Promise Alliance reserves the
right to terminate this Grant Agreement, if, in its discretion, it determines that the Grantee has
made any misrepresentations, has in any way misappropriated Grant funds or has violated the
purpose or terms of this Grant Agreement. The declaration of bankruptcy by your organization or
loss of your organization's exemption from Federal income taxation as provided under Section
501(c)(3) of the Internal Revenue Code will automatically terminate the Grant. In the event that
America's Promise Alliance terminates this Grant Agreement pursuant to this Section, then the
Grantee will return Grant funds unexpended as of the date of such termination, declaration of
bankruptcy or loss of exemption to America's Promise Alliance within ten working days of such
date.
-68-
America's Promise Alliance also reserves the right to terminate this Grant Agreement if a force
majeure event (defined as an event beyond the control of America's Promise Alliance or the
Grantee and not involving America's Promise Alliance or the Grantee's fault or negligence and
not foreseeable, including, but not restricted to, acts of God; acts of the Government; and
unusually severe weather) substantially delays or prevents performance by the Grantee for more
than thirty (30) days.
Grantee also reserves the right to terminate this Grant Agreement at any time if sufficient
program funds are not obtained. However, in the event that Grantee terminates this Grant
Agreement pursuant to this Section, then the Grantee will return Grant funds unexpended as of
the date of such termination within ten working days of such date.
5. Grant period — The period for the project being supported by this Grant will begin on June 15,
2008 and will end on December 31, 2009.
6. Grant disbursement — Grant funds will be disbursed from America's Promise Alliance to the
Grantee in one payment of $10,000 following the receipt by America's Promise Alliance of a
signed copy of this Grant Agreement.
7. Grantee monitoring and reporting — America's Promise Alliance and its representatives will
monitor program operations under this Grant. Such monitoring may include visits by America's
Promise Alliance staff or contractors to observe Grant administration and discuss project with
Grantee personnel. America's Promise Alliance may contact summit attendees and planners via
email for evaluation purposes.
Grantee will be required to submit brief monthly progress reports via email and participate in
scheduled conference calls throughout the grant period.
Grantee will be required to submit a project narrative, including a fully - completed attendance
report, due ten (10) days after completion of summit, and no later than December 31, 2009.
Grantee will be required to submit a post - summit action plan (using a template provided by
America's Promise Alliance), final report and fmancial report including a cash basis financial
statement attested to by the responsible fmancial officer of the Grantee or a certified public
accountant is due within sixty (60) days after completion of the Summit. The Final report should
include a narrative account of what was accomplished by the expenditure of funds and plans for
post - summit activities.
Press releases, photos and other materials demonstrating the successes of the project are
encouraged as attachments to the reports. America's Promise Alliance may also request photos
and supporting materials related to the Grant at any time during the Grant period.
8. Project budgets — It is understood that no substantial variances (10 percent or more) to the project
budget submitted to and approved by America's Promise Alliance will be made without prior
written approval.
9. Financial Records — Grant funds are to be used for the purposes stated in this Grant Agreement.
The Grantee must be able and willing to prove to America's Promise Alliance's satisfaction that
-69-
no portion of the Grant funds have been used for purposes other than those stipulated above. To
this end, vouchers consisting of bills, invoices, canceled checks, receipts and other documents
which provide evidence of the disbursement of funds for the total budget under this Grant, as well
as copies of reports submitted to America's Promise Alliance, shall be retained by the Grantee for
at least three years following completion of the grant term. The Grantees' books and records
shall be made available for America's Promise Alliance or its representatives' inspection upon
reasonable notice during regular business hours for the purpose of making such financial audits,
verifications or program evaluations as America's Promise Alliance deems necessary concerning
the Grant. Copies of such documents shall be furnished to America's Promise Alliance or its
representatives upon request.
10. Public announcements — The Grantee agrees to inform America's Promise Alliance of any public
announcement made with respect to this Grant, at least three weeks prior to issuing one to allow
for America's Promise Alliance internal review as well as that of our hinders.
11. Use of trademarks — If Grantee desires to use America's Promise Alliance trademarked logos and
marks, the Grantee agrees to adhere to the terms and conditions of the Use of Mark agreement
attached hereto (Attachment A) and made a part hereof.
12. Income tax exemptions — It is understood that by countersigning this agreement, the Grantee
confirms, represents and warrants that it is an organization exempt from federal income taxation.
The Grantee should provide America's Promise Alliance with immediate notification of any
changes in its tax - exempt status as soon as it occurs.
13. Good standing with state government — The Grantee confirms that it is in good standing with
appropriate state governmental agencies. If requested by America's Promise Alliance, the
Grantee shall provide written evidence of its good standing. The Grantee agrees that it shall
immediately notify America's Promise Alliance of any change in the Grantee's good standing,
including the initiation of any proceeding, investigation, audit, or inquiry of which the Grantee is
a party.
14. Changes in law — The foregoing conditions comply with obligations imposed upon America's
Promise Alliance by federal law to make reasonable efforts and establish adequate procedures to
see that grant funds are solely used for the purposes for which they were granted, and to obtain
full and complete reports on how grant funds have been expended. Changes in federal law, or in
regulations interpreting it, may require America's Promise Alliance to ask that more detailed
reports be submitted or that other steps be taken.
15. Applicable Statutes and Rules— Grantee agrees to be bound by all the terns and conditions of this
grant agreement and all applicable state and federal statutes and regulations.
16. Violations — Any violations of the foregoing conditions will require refunding to America's
Promise Alliance of any amounts subject to the violation. America's Promise Alliance may
discontinue, modify or withhold any payments due under this grant award or require a refund of
any unexpended grant funds if, in its judgment, such action is necessary to comply with the
requirements of any law or regulation affecting its responsibilities under this grant award.
—70—
17. Governing Law — The State and Federal Courts located in the District of Columbia shall have
exclusive jurisdiction over any dispute which might arise in connection with this grant, and the
laws of the District of Columbia shall govern the interpretation of the terms of the Grant.
—71—
If this letter correctly sets forth your understanding of the terms of this Grant, please indicate your
organisation's agreement to such terms by countersigning the two original copies and returning one to
America's Promise Alliance.
We look forward to working with you.
Kondrack
CEO
omise Alliance
Accepted and agreed to by
Signature:
Please print
Name:
Title:
Organization:
-72-
Donna Anderson
CFO and Senior Vice President
America's Promise Alliance
Date:
Tax Id:
ATTACHMENT A - USE OF AMERICA'S PROMISE ALLIANCE MARKS
Whereas America's Promise Alliance is the Owner of America's Promise Alliance trademarked
logos and marks.
Whereas Grantee is qualified to and desires to use these Marks in connection with promoting its
work as one of the America's Promise Alliance Promise Zones and wishes to obtain a license for
such use of the Mark.
Now therefore, in consideration of the premises and of the mutual undertakings and obligations of
the parties hereinafter set forth, the parties hereto do hereby agree as follows:
A. Grant
America's Promise Alliance grants the Grantee a non - exclusive, non - assignable and
nontransferable license to use and display the Mark as described under "Use of Mark" below.
The Grantee agrees to use the Mark only as set forth in this Agreement. America's Promise
Alliance will provide the Grantee with a version of these Marks. Nothing in this Agreement
will give the Licensee any right to the Mark beyond the right granted in this Agreement.
B. Use of Marks
1. Placement
Grantee may display the Marks in transient advertising and solicitations, to include
newspaper advertisements, periodicals, billboards, posters, direct mail appeals, flyers and
television, in annual reports, or other promotion materials (hereinafter "advertising and
solicitations "). Grantee may install the Mark anywhere on their primary World Wide Web
site, on web sites and in email (hereinafter "website displays ") provided the Mark clicks to
americaspromise.org as described below. All uses must be consistent with the intended uses
described in this agreement.
2. Marks Usage Specifications
Upon Grantee's signing of this Agreement, APA will provide Grantee with a digital version
of the Mark as well as specifications for usage for the Licensee to use in non - electronic
media. APA will also provide Licensee with access information to digital versions of the
Mark for the Licensee to download and install in electronic media. The Licensee may not
modify or change the PMS Colors used in the Marks. The Marks should appear in the four
PMS (or PROCESS equivalent) colors specified or Black and White (Greyscale). No other
color or tint combinations are acceptable.
3. Restrictions
The Marks cannot be used in for -profit commercial ventures, such as affinity cards
(for example, Visa/Mastercard). Such commercial ventures violate this agreement and can
result in the decision to curtail the Grantee's further use of the Marks.
The Agreement does not authorize the Licensee to alter the Marks in any way or to use them
in a manner which would reflect poorly on America's Promise Alliance or the community.
The Marks must be used as designed. America's Promise has the right to void the License
Agreement if Licensee is found to have modified or broken -up components within the Marks
live area.
1
—73—
4. Insnection
Grantee shall supply America's Promise Alliance with a sample of any advertising and
solicitations, and samples of any website display in which the marks will appear prior to their
use and/or distribution to the public. Grantee further agrees to supply America's Promise
Alliance with samples of any changes in the use or appearance of the Marks in connection
with the advertisements or solicitations or website displays already approved by America's
Promise Alliance prior to their use or distribution to the public. Grantee acknowledges
America's Promise Alliance's right to review and disallow any and all advertising and/or
promotional materials bearing the Marks before and after publication and distribution.
Grantee agrees not to use or distribute to the public any proposed advertising and solicitations
or website displays bearing the Marks or any previously approved advertising and
solicitations or website displays with changes in the use or appearance of the Marks until
America's Promise Alliance approves the advertising and solicitations or website displays.
America's Promise Alliance's approval of the advertising and solicitations or website
displays shall be in its reasonable discretion and shall not be unreasonably withheld.
C. Ownership of Marks
Grantee acknowledges and agrees that the Marks and the goodwill associated therewith are
the sole and exclusive property of America's Promise Alliance and that all use of the Marks
by Grantee shall inure to the benefit of and be on behalf of America's Promise Alliance.
Grantee further acknowledges and agrees that nothing in this Agreement shall give the
Grantee any rights, title, or interest in and to the Marks other than the right to use the Marks
in accordance with this Agreement. Grantee will not at any time do, or knowingly permit to
be done, any acts or things which would or could affect the validity of the Marks.
D. Grantee Responsibilities
Upon request, Grantee agrees to provide America's Promise Alliance with information on
where the Marks will appear including the uniform resource locators (URL) where Grantee
will display the Marks online. If the URL changes, the Grantee will notify America's
Promise Alliance of the new URL and of the URL of the web site that will no longer display
the logo, if appropriate.
E. America's Promise Alliance Responsibilities
America's Promise Alliance will maintain the technology to ensure that the online Marks
click to an appropriate section of the americaspromise.org.
F. Term. Suspension and Termination
1. Term
The License is for the term of the grant agreement. The term of the License is renewable
with the written consent of America's Promise Alliance.
2. Suspension and Termination
This Agreement and the license may be suspended by America's Promise Alliance in its sole
discretion if there are substantial questions raised regarding the Grantee's use of the Marks or
the appropriateness of the Marks given previously unanticipated circumstances, particularly
as they relate to the ongoing progress toward the goals of' this agreement. America's Promise
Alliance may terminate this Agreement regarding the use of Marks upon ten days notice if
grantee violates any terms of the Agreement, is declared insolvent or bankrupt, or in any way
2
—74—
conducts themselves in a manner inconsistent with the objectives of the America's Promise
Alliance and detrimental to the communities' young.
3. Responsibilities upon Suspension and Termination
The Grantee agrees to remove the Marks immediately from all electronic media, to discard
promptly all materials bearing the Marks, and cease future use of the Marks.
G. Indemnification
The Grantee agrees to indemnify and hold America's Promise Alliance harmless against any
loss, damage or expense, including reasonable attorney's fees, arising out of any third party
claim alleging misuse by Licensee, or of any violation of the terms and conditions of this
Agreement.
H. Policing
America's Promise Alliance agrees that it will police infringements of the Licensed Marks
that are brought to its attention. Grantee agrees that it will cooperate with America's Promise
Alliance in preventing, enjoining, or prosecuting any infringements of the Licensed Marks. If
America's Promise Alliance elects not to bring action against any alleged infringer of the
Licensed Mark, Grantee shall have the right to initiate infringement proceedings at its own
expense, in its name and that of the America's Promise Alliance. America's Promise Alliance
agrees that it will cooperate with Grantee in any such suit, in any reasonable manner
requested by Grantee, at Grantee's expense.
I. Limitation of Liability
Grantee agrees that it will not sue America's Promise Alliance for monetary damages on any
matter concerning this Agreement.
J. Entire Aereement/Modifications
America's Promise Alliance may modify this Agreement from time to time. America's
Promise Alliance shall provide written notice of any modification to Grantee and Grantee
shall be deemed to have consented to the modification if Grantee continues to use the Marks
following receipt of the notice.
3
—75—
Page 1 of 1
ORDINANCE
APPROPRIATING A $10,000 GRANT FROM THE AMERICA'S
PROMISE ALLIANCE IN THE NO. 1071 COMMUNITY ENRICHMENT
GRANTS FUND FOR THE PURPOSE OF HOSTING A DROPOUT
PREVENTION LEADERSHIP SUMMIT DURING THE FIRST QUARTER
OF 2009 THAT WILL ALLOW COMMUNITY LEADERS TO CONVENE
KEY STAKEHOLDERS TO DEVELOP AND /OR ADVANCE ACTION
PLANS FOR IMPROVING THE HIGH SCHOOL GRADUATION RATE
AND ENSURING YOUNG PEOPLE ARE READY FOR
COLLEGE/TECHNICAL TRAINING, WORK AND LIFE; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS:
SECTION 1. That a $10,000 grant from the America's Promise Alliance is appropriated
in the No. 1071 Community Enrichment grants fund for the purpose of hosting a dropout
prevention leadership summit during the first quarter of 2009 that will allow community
leaders to convene key stakeholders to develop and /or advance action plans for
improving the high school graduation rate and ensuring young people are ready for
college /technical training, work and life.
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 of August, 2008.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED as to form: July 25, 2008
By: e.v
Lisa Agui
Assistant City Attorney
For City Attorney
-76-
Henry Garrett
Mayor
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
—77—
6
CITY COUNCIL
AGENDA MEMORANDUM
August 12, 2008
AGENDA ITEM:
A. Motion approving the purchase of continuous coverage product maintenance from Intergraph
Security, Govemment and Infrastructure of Huntsville, Alabama in the amount of $317,465.42
through July 31, 2009 for the Intergraph and third party software packages.
B. Motion approving the purchase of continued annual maintenance costs from Intergraph Security,
Govemment and Infrastructure of Huntsville, Alabama for software for the Intergraph and third party
software packages subject to annual appropriation of funds based on sole source.
ISSUE: Software must be maintained to allow for upgrades, improvements and to ensure that it
stays compatible with other systems. Intergraph Security, Govemment and Infrastructure provided a
quote for support and maintenance of the Public Safety software package from August 1, 2008
through July 31, 2009. Included in this maintenance agreement is the support for the Public Safety
Dispatch, Records Management, Automatic Vehicle Locator and related interface software as well as
numerous third -party products which accomplish data integration across the enterprise. This
package of software is currently being utilized by Police, Fire, EMS and Municipal Courts. The
maintenance agreement provides for software and technical environment support, including any
necessary upgrades as they become available.
REQUIRED COUNCIL ACTION: City Council approval is required for all expenditures over $50,000.
PREVIOUS COUNCIL ACTION: On March 28, 2006, City Council authorized the purchase of
Intergraph Public Safety software package, with a one year extended warranty from Intergraph, Inc.
(Contract #2006 -116). The extended warranty effectively expires July 31, 2008. The contract
provides for guaranteed annual maintenance pricing for the next 9 years subject only to change
orders requested by the City. It also provides for proration of the maintenance charges to coincide
with the City's budget year, currently August 181.
FUNDING:
Amount Budgeted
Source of Funds
$317,465.42
5210- 40495 - 530160,530000
CONCLUSION AND RECOMMENDATION:
Staff recommends approval of the motion as presented.
Mic ae Armst s ng
Director, Municipal Informatio Systems
Attachments:
• Exhibit A — Software License Agreement
• Exhibit B — Intergraph Quote # 1- 49XFFE dated 6/4/08
• Exhibit C — Motion M2006 -095 Authorizing Contract
—81—
Software License Agreement
The Security, Government and Infrastructure division of
Intergraph Corporation, hereinafter referred to as
"INTERGRAPH" agrees to grant hereby and
hereinafter referred to as "CUSTOMER,"
agrees to accept a nontransferable and nonexclusive license
under applicable copyrights and/or trade secrets to use each
Software Package provided by INTERGRAPH or its authorized
dealer in decrypted form under the following terms and
conditions:
1. Term of License
The Software Package(s) shall be licensed under this
Agreement effective from the date of delivery in decrypted
form. This Agreement shall remain in force until CUSTOMER
discontinues the use of such Software Package(s) and returns
the Software Package(s) to INTERGRAPH or this Agreement is
otherwise terminated as provided herein.
2. License Coverage
CUSTOMER shall have the right to use each Software
Package or any portion thereof on the specific Local Area
Network (LAN) for which it is licensed, either locked on a
single computer node (as determined by a specific LAN
address), or concurrently on a number of computer nodes so
long as the number of concurrent uses does not exceed the
number licensed for the LAN, or on one or more backup
computer nodes. No other use is licensed. CUSTOMER shall
permit INTERGRAPH reasonable access to the LAN for license
administration audit purposes.
3. Security
Certain Software Packages are required to operate in
conjunction with a hardware lock device or in conjunction with
license administration software and a license authorization key
provided by INTERGRAPH or its representative. CUSTOMER
shall take no steps to avoid or defeat the purpose of any
required lock device or authorization key. Use of any Software
Package without a required lock device or authorization key
shall be unlicensed under this Agreement.
CUSTOMER agrees that he and his employees will not
make available the software, or portions thereof or
documentation related thereto, to any persons other than
CUSTOMER or INTERGRAPH employees or other persons
authorized to use the LAN for which the software is licensed
without prior written approval of INTERGRAPH. CUSTOMER
will not copy the software or documentation except as necessary
for use under this Agreement. CUSTOMER will not decrypt
without authorization, reverse compile or disassemble the
software. CUSTOMER will not export or re-export the software
or documentation without the appropriate United States and
foreign government licenses. Furthermore, CUSTOMER agrees
to abide by all applicable Federal and State Trademark and
Copyright laws.
4. Title
-82-
Title and ownership of the software shall at all times
remain with INTERGRAPH or relevant third parties.
5. Warranties
All warranties are stated in the INTERGRAPH
Contract Agreement to which this license is an Exhibit
thereto.
6. Termination
In the event the CUSTOMER neglects or fails (i) to pay the
appropriate license fee(s), or (ii) to adhere to any of its
obligations hereunder, this License Agreement shall
immediately terminate, and all software licensed hereunder and
all encrypted software will be returned to INTERGRAPH
within ten (10) days.
In the event of any proceeding, voluntary or involuntary, in
bankruptcy or insolvency by or against CUSTOMER, or in the
event of the appointment, with or without the CUSTOMER's
consent, or an assignee for the benefit of creditors, or of a
receiver, INTERGRAPH may elect to cancel any unfulfilled
part of this Agreement.
In the event of any proceeding, voluntary or involuntary, in
bankruptcy or insolvency by or against INTERGRAPH, or in
the event of the appointment, with or without the
INTERGRAPH's consent, or an assignee for the benefit of
creditors, or of a receiver, CUSTOMER may elect to cancel any
unfulfilled part of this Agreement.7. RESERVED
8. Agreement Limitation
a. It is understood and agreed that this License
Agreement, the applicable part of any agreement form
that may accompany a Software Package, and IPS
Contract Agreement to which this licenses is an
Exhibit thereto, together contain the entire and only
understanding between the parties relating to subject
matter hereof and that any representation, promise, or
condition not contained therein shall not be binding on
either party.
b. The provisions of this Agreement shall control and
have precedence over the terms of any purchase order
from CUSTOMER with respect to the licensed
programs. Receipt by CUSTOMER of the licensed
program, updated program, or optional materials, such
as source tapes, decrypting information or listings
from INTERGRAPH, shall be deemed conclusive
evidence of CUSTOMER's agreement that the license
for such licensed program or optional materials is
governed by this Agreement.
c. If any of the provisions of the Agreement are invalid
under any applicable statute or rule of law, such
provisions are, to that extent, deemed omitted, and this
Agreement shall remain otherwise in effect.
d. This Agreement shall be governed by the laws of the
State of Texas.
Quote #1- 49XFFE
a
Corpus Christi, TX 78401
-83-
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EXHIBIT C
MOTIONS - 03/28/06
27.a. Motion authorizing the City Manager or his designee to execute a contract with
Intergraph Public Safety, Inc., of Madison, Alabama, for
(1) Purchase of the Public Information System to replace the existing
CompuDyne/Tiburon, Inc. System for Computer Aided Dispatch, Records
Management, and Mobile Data Computer systems. The Intergraph system
includes hardware, software, and professional services not to exceed $3,961,229
plus annual maintenance in the amount of $316,721 per year guaranteed for
years two through ten.
(2) Replacement of the existing Siemens' Automated Vehicle Location (AVL)
system. The cost of the hardware from Intergraph will not exceed $315,997 with the
City providing installation services estimated at $14,000. Funding for this year's
costs is in the current Municipal Information Systems' budget. Future lease
purchase payments and maintenance costs will be requested in subsequent budget
years. Intergraph is an approved Texas Catalogue Information Systems vendor.
ATTEST:
(
Armando Chapa, City Sectary
f
-iir4 ✓�Plt
Henry Gafrett, Mayor
City of Corpus Christi
M2006 -095
—88—
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: August 12, 2008
AGENDA ITEM: Motion authorizing the City Manager to execute a Joint Election
Agreement with Nueces County for conducting a joint election on November 4, 2008.
ISSUE: The City Council will hold a Special Election on November 4, 2008 for
consideration of Bond 2008 Propositions. Nueces County will also be conducting a
General Election on that date. Therefore, the city must authorize an election agreement
with Nueces County to allow us to join their election.
OTHER RELATED ACTIONS: The City will call and order the Special Election for the
Bond 2008 Propositions on August 19, 2008.
CONCLUSION AND RECOMMENDATION: Staff recommends approval of the motion.
Armando Chapa
City Secretary
—91—
CITY OF CORPUS CHRISTI
AND
NUECES COUNTY
JOINT ELECTION AGREEMENT
This Agreement ( "Agreement ") is made and entered into on the day of
2008, by and between Nueces County ( "County") and City of Corpus Christi (City of Corpus
Christi) for the purposes and considerations stated below:
WITNESSETH
WHEREAS, the County will hold a Joint Election_within the boundaries of the County on the
4th day of November, 2008; and
WHEREAS, the City of Corpus Christi will hold a special. election within the boundaries of the
City of Corpus Christi on the 4th day of November 2008; and
WHEREAS, it is the finding of the governing bodies of the parties hereto that it would be
mutually beneficial for the County, and the City of Corpus Christi to jointly enter into an
Agreement to hold the elections jointly and also to enter into an Election Services Contract for
the provision of certain election services by the County Election Officer of Nueces County,
Texas;
THEREFORE, pursuant- to Chapter 271 of the Texas Election. Code, the County and City of
Corpus Christi agree as follows:
I
ELECTION RESPONSIBILITIES
1. In accordance with Chapfer 271 (Joint Elections) of the Texas Election Code, the County
agrees to oversee and coordinate the conduct of said election for City of Corpus Christi,
oversee and coordinate the provision of services to prepare for and facilitate the Joint
Election to be held on 4th day of November, 2008. County and City of Corpus Christi agree
that early voting and regular Election Day voting shall be conducted jointly.
2. In accordance with Chapter 31, Subchapter D of the Texas Election Code, City of Corpus
Christi agrees to enter into an Election Services Contract with the County Election Officer of
Nueces County, Texas, for the provision of those certain election services described in the
Election Services Contract attached hereto as Exhibit A,and incorporated herein by reference.
The County shall bear its share of the cost for election services. The County Election
Officer, Diana T. Barrera, is hereby designated the Election Officer responsible for conduct
and provision of the election services identified in the Election Services Contract attached as
P,1of4
Exhibit A. Said County Election Officer will serve as the Early Voting Clerk, and her
designee will serve as the Counting Station Manager of the Central Counting Station for the
Joint Election.
3. Armando Chapa is hereby designated the primary representative of City of Corpus Christi to
oversee and coordinate with the County Election Officer in the conduct of the elections. In
addition, Armando Chapa as the City of Corpus Christi Election Authority will perform or
cause to be performed the following services:
a. Coordinate with County on the conduct of all aspects of the City of Corpus Christi
elections, including (1) selection and establishment of early voting sites, and conduct of
early voting (locations of early voting substations are attached to this Agreement as
Exhibit B), and (2) designation of precincts, and polling places for use on-Election Day (a
list of polling places is included with this Agreement as Exhibit C).
b. Coordinate the handling and disposition of City of Corpus Christi election returns, voter
ballots, and tabulation of unofficial returns, and preparation; of the tabulation for the
official canvass by governmental entities.
c. Provide information services for voters and, election officers relating to City of Corpus
Christi elections.
d. Maintain custody of the City of Corpus Christi returns for a ;period as required by the
Texas Election Code.
II
PAYMENT
The City of Corpus Christi agrees to pay Nueces County for their share of the expenses of the
election on a prorated basis dependent upon the number of entities participating in the Joint
Election. Such payments will be made within 30 days of receipt from the County Election
Officer of an itemized statement of the exact costs, expenses incurred and outstanding expenses
related to the performance of election services, with City of Corpus Christi and County each
paying their respective shares of such costs and expenses.
III
MISCELLANEOUS
1. County and City of Corpus Christi will each be responsible for preparing and filing their
own respective submission and attachments, if any, to the Justice Department for pre-
clearance as may be required under Section 5 of the Voting Rights Act of 1965, as amended.
PPage2of4
z
2. Each party will be responsible for posting or publication requirements necessitated by
federal, state or local laws as they may pertain to implementation of the respective issues
placed on the ballot.
3. Each party will be responsible for receipt and processing filings of financial report statements
by special purpose committees relating to the party's own respective elections.
4. Each party will be responsible for receipt and processing of applications of candidates for
places on -the ballot for its own positions, handling of drawings for places on the ballot for
such positions, and the posting and_issuance of any notices related thereto.
51 County will order separate ballots for City of Corpus Christi containing all their propositions
to be voted on at the joint polling places, but a voter may not be permitted to vote on a City
of Corpus Christiballot containing a proposition on which the voter is ineligible to vote.
IV
GENERAL PROVISIONS
1. This Agreement shall be construed in accordance with applicable Federal Election Laws, the
Texas Election Code, and all applicable; laws of the State of Texas.
2. County and City of Corpus Christi through their respective Election Authorities, may agree
' to amend or modify this Agreement in the event federal, state, or local ;law requires
additional or different actions by the Election Authority, which is beyond the scope of this
contract. Such amendment or modification shall not be effective unless such amendment or
modification is in writing and signed by the parties to this Agreement.
3. This Agreement constitutes the entire Agreement of the parties, supersedes any prior
undertakings or written or oral agreement between the parties and can be modified or
amended only by written instrument subscribed by each of the parties.
p T,if 3 of 4
Dated this day , 2008
NUECES COUNTY
Samuel L. Neal, Jr.
County Judge
CITY OF CORPUS CHRISTT
George Noe
City Manager
Pe4of4
ATTEST:
Diana T. Barrera
County Clerk
ATTEST:
Armando Chapa
City Secretary
ELECTION SERVICES CONTRACT
CITY OF CORPUS CHRISTI
AND COUNTY OF NUECES
THIS CONTRACT is made this day of 2008, by and between the City of
Corpus Christi (hereinafter referred to as "CITY OF CORPUS CHRISTI ") and Diana T. Barrera, County
Clerk (County Election Officer), under authority of Texas Election Code, Section 31.092 (a), for services for the
Joint Election to be held by Nueces County and City of Corpus Christi on November 4, 2008.
This Contract is entered into in consideration of the mutual covenants and promises hereinafter set forth.
Paragraph 1. SERVICES OF COUNTY ELECTION OFFICER
The COUNTY ELECTION OFFICER shall be responsible for performing the following services and
shall furnish the following equipment.
(a) Provide Judges Booth Controller (JBC), eSlate equipment and booths for Early Voting and Election
Day polling locations.
(b) Transporting election equipment to polling locations.
(c) Early Voting and Election Day standby for mechanical breakdowns of voting equipment
(d) Tally Early Voting results and arrange Early Voting Ballot Board meeting.
(e) If applicable, program, generate and distribute ballots.
(0 Provide estimated cost of Election by Attachment "A ".
Paragraph 2. GENERAL CONDITIONS
The parties agree that the COUNTY ELECTION OFFICER will perform all services listed in Paragraph
1. Furthermore, the parties agree that the CITY OF CORPUS CHRISTI is obligated to pay all expenses and shall
reimburse the COUNTY ELECTION. OFFICER and Nueces County with respect to any purchase reasonably
made in the programming and transporting of voting equipment, as identified in Attachment A.
Furthermore, after the election, the COUNTY ELECTION OFFICER will submit to CITY OF
CORPUS CHRISTI an itemized statement as shown in Attachment "A" with the exact costs and expenses incurred
related to the performance of this contract. CITY 01? CORPUS CHRISTI agrees to make payment in conformity
with the statement submitted by the COUNTY ELECTION OFFICER within thirty (30) days of receipt of the
statement.
SIGNED THIS DAY OF , 2008
Diana T. Barrera, County Clerk George Noe, City Manager
Nueces County City of Corpus Christi
-96-
NUECES COUNTY
County Clerk Department - Election Division
Estimated Cost Sheet Detail Breakdown
Exhibit A
Contractor: Joint & Shared
Election For: November 2008 General Election
Election Date: November 4th, 2008
Estimated Estimated Estimated Estimated
Units/ $ Cost
Needed Hrs Chrg Per Unit Full Svc Cost
Components and descriptions
LABOR
Election Day & Tabulation Support 34 5D 207.00
1 5123_Central Count Manager (1.5 OT rate) x1 6
18.00 xt 6 22.50
135.00
2 5123_Tabulalion Supervisor (1.5 OT rate) 216.00
3 5123 x 1 12 TabulationAssistant (s)(1.5OTrate) 20.00 1,226.00
4 5123_Technical Support (1.50T rate) x x4 1 4 2 56 6 20.00 4,120.00
5 5123_CC Clarke Staff Support (1.5 or rate) x128 10400
x126 9.00 93,600.00
6 5331 _Judges /AIt/Clerks (x 16les ED) x126 1056 9.00 9,504.00
7 5331 Judges /Alt/Clerks (xhrs Training) 150.00
a 5331 Judges (f /supply pick up /drop off) 22 00 128 25.00 3, 150.00
9 5126 Temp Personnel -ED Equipt Support (Reg Time) x3 24 270.00
to 5125 Temp Personnel -ED Equipt Support (on
x3 18 15.00
Early Voting / Ballot Resolution Support Varied 208 18.00 3,744.00
11 5123_ Staff EV Troubleshooting (On-can/Oa-site) 160 15.00 2,400.00
12 5123_CC Staff Support (Ballot Rsot) x8
x1 160 18.00 2,880.00
13 5123_EV T Personnel x100 7500 8.50 63,750.00
iq 5126 6 EV Temp Clerrks ks - Substetlonsneams (Reg.Time) t 00 3200 12.75 40,800.00
15 5125_EV Temp Clerks - substations/Teams (Over rime) x 8.50 2,205.75
16 5126 x4 3200 EV Temp Clerks - Abst.Voting by Mail, Prep Ev (Reg. Time) x4 - 59. 12.75 2,040.00
17 5125_EV Temp Clerks -Abat. voting by Mau, Prep Ev (over Time) 160 7.00 1,120.00
18 5331 Ballot Board Workers, Clerk & Judge (xhrs) x5
Election Supply Pick Ups x6 30 18.00 540.00
19 5123_CC Staff Suppolt_EV x 6 6 48 18.0 864.00
20 5123_CC Staff Support_ED
Election Day Contract Personnel x16 256 18.00 4,608.00
21 5185 _Field Technicians (plus training &mileage) zxt 0 1,618.00 0.00
22 5325 _Equipment Vendor (HART) Support
Programming 120 50.00 6,000.00
23 5123_Technician- Prog.Esiates, DAUs & JBC5 x hourly xt
x1 60 50.00 3,000.00
24 5123 Technician -Prog. Ballots x hourly (min. 1 hr) 50.00 13,000.00
25 5123 Staff -L &A Testings (programming, pre - testing &public test) x8 460 15.00 7,200.00
26 5126 Temp Support - Marking, testing, etc. (Reg.T,me) x12
40 50.00 2,000.00
27 5123_Mapping_Research, producing & delivery � 24 50.00 1,200.00
28 5325 Contract Personnel (Audio / translator) xi
Training (classes) x5 0 18.00 0.00
29 5123_CC Staff Personnel OT (2 Saturdays- xis hrs) x3 0 12.00 0.00
3o 5123_CC Staff Personnel (3 Weekdays x9 hrs) x3 0 12.00 0.00
31 5125 _Temp Support (2 Saturdays- x15 hrs)
14c3elof2
32
33
34
35
36
37
38
39
40
41
EV
42
43
44
45
46
47
48
49
50
51
52
Components and descriptions
EV & ED Delivery/Pickup Personnel
5123 Delivery Staff Personnel
5126 Delivery Temp Personnel (deg)
5125 _Delivery Temp Personnel (OT)
EV & ED Warehousing (Prep, Maint,& etc)
5123_Staff Personnel
5126_ Warehouse Temp Personnel (Reg)
5125 Warehouse Temp Personnel (OT)
Other Support Functions (Prep, develop,& produce)
Staff Personnel (dedcal operations)
Fringe & Benefits - Part-Time Clerks (8.84 %)
Fringe & Benefits - Full -Time Staff (17.15%)
5541_ Mileage - travel - Election workers (@ .42 rate)
& ED EQUIPMENT RENTAL
Laptop Equiptment (usage fee - equipment, aircard & etc )
JBC Equipment f /ED (each)
JBC Equipment f /EV resod
DAUs Equipment f /ED (each)
DAUs Equipment f /EV (eech)
Eslate Equipment fIED (eau,)
Estate Equipment f /EV (each)
Tally Equipment flAbs. Mail (each)
Tally Equipment f/ED (each)
Ballot Now Equipment (each)
Ballot Printing - Mail, sample, test, & emergency (Cale. (g$0.08)
Estimated Estimated
Units/
Needed Hrs Chrg
Estimated
$ Cost Estimated
Per Unit Full Svc Cost
xt 128 18.00
x3 360 . 12.00
x3 36 15.00
2,304.00
4,320.00
540.00
x3 240 18.00
x4 400.0 12.00
x4 160 15.00
4,320.00
4,800.00
2,400.00
x3 240 18.00
1 8,000.00
1 2,000.00
8000 0.42
4,320.00
8,000.00
2,000.00
3,360.00
24 50.00
140 133.00
30 133.00
190 133.00
60 133.00
335 133.00
85 133.00
5 133.00
1 133.00
5 133.00
8000 0.08
1,200.00
18,620.00
3,990.00
25,270.00
7,960.00
44,555.00
11,305.00
665.00
133.00
665.00
640.00
DELIVERY & TRANSPORTATION
53 5435 Vehicles -lease truck(s) 0 0.00
54 county Vehicles (usage fee, fuel, mileage & other operational costs) 200 25.00
MISCELLANEOUS
55 5414 Public Notice (Public Testing) 1 400.00
56 5414_Legal Notice (Advertisement) 1 3,200.00
57 5231_ Telephone / Utilities (Ina One lime connection fee &mo.svc.) 1 375.00
56 5211_EV & ED Mail Kits 1 4,300.00
59 5211_Misc. Supplies (for mail prep, pick up & distrb) 1 8,000.00
60 5217_Postage (pcs) + Fed Ex 5000 0.69
61 5422_Building & Space Rental 1 2,500.00
62 Rental of EV /ED Carts (each) 140 5.00
63 Rental of EV /ED Supply Bag & Boxes (each) 145 5.00
64 Rental of EV /ED Signs (each) 145 5.00
INTER DEPARTMENTAL COSTS
65 County Clerks Office (clerical/separate admin support) x3 1 8,000.00
66 Auditor's Office (payroll processing) x2 1 1,800.00
67 Data Processing (IT mainframe services) x2 1 1,000.00
68 Records Management 0 0.00
SERVICES SUBTOTAL
ADMINISTRATIVE COST
e9 Election 10% Administration Fee (operation overhead)
FULL SERVICE Estimated GRAND TOTAL
Prepared by Election Unit, County Clerk Department
July 11,2008
N: \Electrons \ELECTION 2006 \NOVEMBER 2009 - GENERAL ELECTION \Contractst[Attachment A- EX!6IT Axls)fullsvc
- PA' 2of2
10%
0.00
5,000.00
400.00
3,200.00
375.00
4,300.00
8,000.00
3,450.00
2,500.00
700.00
725.00
725.00
8,000.00
1,527.73
1,000.00
0.00
461,731.48
46,173.15
$507,904.63
EXHIBIT B
EARLY VOTING SUBSTATION LOCATIONS
NUECES COUNTY JOINT ELECTION
NOVEMBER 4, 2008
EARLY VOTING SUBSTATION
HOURS OF OPERATION
Oct 20 — Oct. 24
Oct 25
Oct. 26
Oct. 27 — Oct. 31
NUECES COUNTY COURTHOUSE
901 Leopard Street - Corpus Christi, Texas
CORPUS CHRISTI AREA
COUNCIL FOR THE DEAF
5151 McArdle - Corpus Christi, Texas
8:00 a.m. to 5:00 p.m.
7:00 a.m. to 7:00 p.m
12:00 p.m. to 5:00 p.m.
7:00 a.m. to 7:00 p.m.
FIRE STATION NO. 15
14202 Commodores - Corpus Christi, Texas
GREENWOOD SENIOR CITIZENS CENTER
4040 Greenwood Drive - Corpus Christi, Texas
HILLTOP COMMUNITY CENTER
11425 Leopard Street - Corpus Christi, Texas
JOHNNY S. CALDERON COUNTY BUILDING
710 E. Main - Robstown, Texas
NUECES COUNTY BISHOP
COMMUNITY CENTER
102 W. Joyce Street - Bishop, Texas
PORT ARANSAS COMMUNITY CENTER
408 N. Alister - Port Aransas, Texas
RONNIE H. POLSTON COUNTY BUILDING
10110 Compton - Corpus Christi, Texas
CORPUS CHRISTI CITY HALL
1201 Leopard - Corpus Christi, Texas
DEL MAR COLLEGE
101 Baldwin - Corpus Christi, Texas
AGUA DULCE ISD
1 Longhorn Dr. - Agua Dulce, Texas
BANQUETE ISD
4339 Fourth - Banquete, Texas
CALALLEN ISD
4205 Wildcat - Corpus Christi, Texas
CORPUS CHRISTI ISD
801 Leopard - Corpus Christi, Texas
DRISCOLL ISD
130 W. Avenue D - Driscoll, Texas
ROBSTOWN ISD
801 N. First - Robstovm, Texas
TULOSO MIDWAY ISD
9760 La Branch - Corpus Christi, Texas
WEST OSO ISD
5050 Rockford Drive - Corpus Christi, Texas
N:\Elections\ELECTION 2008WOVEMBER 2008 - GENERAL ELECTION \Contracts\EXHIBIT B.doc
Created By: Election Division
July 17, 2008
-99-
EXHIBIT B
EARLY VOTING SUBSTATION LOCATIONS
NUECES COUNTY JOINT ELECTION
NOVEMBER 4, 2008
EARLY VOTING MOBILE STATIONS
Monday, October 20, 2008
lunes, 20 de octubre, 2008
CHRISTUS SPOHN SHORELINE
600 Elizabeth St.
9:00 a.m. - 5:00 p.m.
Tuesday, October 21, 2008
martes, 21 de octubre, 2008
TEXAS A &M CORPUS CHRISTI
6300 Ocean Dr.
9:00 a.m. - 5:00 p.m.
TEXAS A &M CORPUS CHRISTI TRISUN RIVERRIDGE NURSING HOME
6300 Ocean Dr. 3922 W. River Dr.
9:00 a.m. - 5:00 p.m. 8:00 a.m. - 5:00 p.m.
CHRISTUS SPOHN SOUTH HALF PRICE BOOKS
5950 Saratoga Blvd. 5425 S.P.I.D.
9:00 a.m. - 5:00 p.m. 9:00 a.m. - 5:00 p.m.
HI HO RESTAURANT CHRISTUS SPOHN MEMORIAL
3703 Morgan Ave. 2606 Hospital Blvd.
7:00 a.m. - 2:00 p.m. 9:00 a.m. - 5:00 p.m.
SUN HARVEST PETRONILA SCHOOL CAFETERIA
1440 Airline Rd.
9:00 a.m. - 6:00 p.m.
2391 Co. Rd. 67
7:30 a.m. - 4:00 p.m.
N:\Elections\ELECTION 2008\NOVEMBER 2008 - GENERAL ELECTION\Contracts\EXHIBIT B.doc 2
Created By: Election Division
July 17, 2008
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EXHIBIT B
EARLY VOTING SUBSTATION LOCATIONS
NUECES COUNTY JOINT ELECTION
NOVEMBER 4, 2008
EARLY VOTING MOBILE STATIONS
Thursday, October 23, 2008
Wednesday, October 22, 2008 'sieves 23 de octubre, 2008
miercoles coles 22 de octubre, 2008
WOOLDRIDGE PLACE
7352 Wooldridge
9:00 a.m. - 5:00 p.m.
C. C. MEDICAL CENTER BAY AREA
7101 S.P.1.D.
9:00 a.m. - 5:00 p.m.
OVEAL WILLIAMS SENIOR CENTER
CCAD
308 Crecy St. 1414 Martin Luther King Dr.
8:00 a.m. - 5:00 p.m. 8:00 a.m. - 12:00 p.m.
MHMR OF NUECES COUNTY
1630 S. Brownlee St.
10:00 a.m. - 5:00 p.m.
So. TX. LIGHTHOUSE FOR THE BLIND
4421 Agnes
1:00 p.m. - 4:00 p.m.
KIKO'S MEXICAN RESTARUANT DRISCOLL CHILDREN'S HOSPITAL
5514 Everhart Rd. 3533 S. Alameda St.
8:00a.m. — 5:00p.m. 9:00 a.m. - 5:00 p.m.
TOWER II DEL MAR COLLEGE -WEST
555 N. Carancahua St. 4101 Old Brownsville Rd.
8:00 a.m. - 5:00 p.m. 9:00 a.m. - 4:00 p.m.
NUECES COUNTY KEACH FAMILY
LIBRARY
1000 Terry Shamsie; Robstown, TX
10:00 a.m. - 6:00 p.m.
N:\Elections\ELECTION 2008 \NOVEMBER 2008 - GENERAL ELECTION \Contracts\EXHIBIT B.doc 3
Created By: Election Division
July 17, 2008
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EXHIBIT B
EARLY VOTING SUBSTATION LOCATIONS
NUECES COUNTY JOINT ELECTION
NOVEMBER 4, 2008
EARLY VOTING MOBILE STATIONS
Friday, October 24, 2008 Saturday, October 25, 2008
viernes, 24 de octubre, 2008 sabado, 25 de octubre, 2008
LINDALE SENIOR CENTER
3135 Swantner Dr.
8:00 a.m. - 12:00 p.m.
C.C. TRADE CENTER
2833 S.P.I.D.
9:00 a.m. - 6:00 p.m.
HOMEWOOD RESIDENCE
RETIREMENT COMMUNITY ROBSTOWN COMMUNITY CENTER
6410 Meadowvista 415 Mainer Rd.
1:00 p.m. - 6:00 p.m. 9:00 a.m. - 5:00 p.m.
NORTHWEST SENIOR CENTER
9725 Up River Rd.
8:00 a.m. - 4:00 p.m.
EL JEFE'S RESTAURANT & CANTINA
5233 S. Staples
11:00 a.m. - 6:00 p.m.
FAMILY THRIFT STORE
4801 Ayers
9:00 a.m. — 6:00 p.m.
PADRE STAPLES MALL
5488 S.P.I.D.
10:00 a.m. - 6:00 p.m.
LA MICHOACANA BAKERY HALF PRICE BOOKS
3829 Crosstown Expy. 5425 S.P.I.D.
7:00 a.m. - 4:00 p.m. 9:00 a.m. — 6:00 p.m.
CAFE MAYA
2319 Morgan Ave.
11:30 a.m. — 6:30 p.m.
N:\Elections\ELECTION 2008\NOVEMBER 2008 - GENERAL ELECTION\ Contracts\EXHIBIT B.doc 4
Created By: Election Division
July 17, 2008
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EXHIBIT B
EARLY VOTING SUBSTATION LOCATIONS
NUECES COUNTY JOINT ELECTION
NOVEMBER 4, 2008
EARLY VOTING MOBILE STATIONS
Sunday, October 26, 2008 Monday, October 27, 2008
dominao, 26 de octubre, 2008 tunes, 27 de octubre, 2008
LUBY'S RESTAURANT
3217 S. Alameda St.
9:00 a.m. - 5:00 p.m.
ONE SHORELINE PLAZA
800 N. Shoreline Blvd.
9:00 a.m. - 5:00 p.m.
SUTHERLANDS Y.W.C.A.
4101 Hwy. 77 4601 Corona Dr.
9:00 a.m. - 6:00 p.m. 11:00 a.m. - 6:00 p.m.
SUTHERLANDS CHRISTUS SPOHN MEMORIAL
4041 S. Staples 2606 Hospital Blvd.
9:00 a.m. - 6:00 p.m. 9:00 a.m. - 5:00 p.m.
GARDEN ESTATES
RETIREMENT COMMUNITY CENTER
2709 Cimarron Blvd.
9:00 a.m. - 4:00 p.m.
C.C. TRADE CENTER
2833 S.P.I.D.
9:00 a.m. - 6:00 p.m.
C.C. ATHLETIC CLUB
2101 Airline Rd.
9:00 a.m. - 6:00 p.m.
ETHEL EYERLY COMMUNITY CENTER
654 Graham Rd.
8:00 a.m. — 5:00 p.m.
N:\Elections\ELECTION 2008\NOVEMBER 2008 - GENERAL ELECTION\Contracts\EXHIBIT B.doc 5
Created By: Election Division
July 17, 2008
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EXHIBIT B
EARLY VOTING SUBSTATION LOCATIONS
NUECES COUNTY JOINT ELECTION
NOVEMBER 4, 2008
EARLY VOTING MOBILE STATIONS
Tuesday, October 28, 2008
martes, 28 de octubre, 2008
CORPUS CHRISTI MEDICAL
DOCTORS REGIONAL
3315 S. Alameda Ave.
9:00 a.m. - 5:00 p.m.
Wednesday, October 29, 2008
miercoles. 29 de octubre, 2008
CENTER FOR ECONOMIC
DEVELOPMENT DMC SOUTH
3209 S. Staples St.
9:00 a.m. - 5:00 p.m.
CHRISTUS SPOHN SOUTH HARBOR PLACE RETIREMENT
5950 Saratoga Blvd. 5518 Lipes
9:00 a.m. - 5:00 p.m. 9:00 a.m. - 5:00 p.m.
CORPUS CHRISTI MEDICAL TOWER
1521 S. Staples St
8:00 a.m. - 5:00 p.m.
ZAVALA SENIOR CENTER
510 Osage St.
9:00 a.m. — 12:00 p.m.
BAY AREA ATHLETIC CLUB GARDEN SENIOR CENTER
14325 Northwest Blvd. 5325 Greenly Dr.
9:00 a.m. - 6:00 p.m. 1:00 p.m. — 5:00 p.m.
CITY EMPLOYEE CREDIT UNION TRINITY TOWERS
2140 Gollihar Rd. 101 N. Broadway St.
9:00 a.m. — 6:00 p.m. 9:00 a.m. - 4:00 p.m.
LA MICHOACANA BAKERY
3829 Crosstown Expy.
7:00 a.m. - 4:00 p.m.
N:\Elections\ELECTION 2008\NOVEMBER 2008 - GENERAL ELECTION \Contracts\EXHIBIT B.doc 6
Created By: Election Division
July 17, 2008
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EXHIBIT B
EARLY NUECEES COUNTY JOINT E ELECTION
LOCATIONS
NOVEMBER 4, 2008
EARLY VOTING MOBILE STATIONS
Thursday, October 30,
Friday, October 31, 2008
viernes 31 de octubre 2008
iueves 30 de octubre. 2008 08
AMERICAN BANK-ISLAND
CHRISTUS SPOHN SHORELINE 14602 S.P.I.D.
600 Elizabeth St.
9:00 a.m. - 5:00 p.m. 9:00 a.m. - 4:00 p.m.
N.A.S. COMMISSARY
CCAD
10801 D. St. Building 337
308 Crecy St.
8:00 a.m. - 5:00 p.m. 10:00 a.m. - 5:00 p.m.
FROST BANK
WINGS & MORE 4215 S. Staples St.
5990 S. Staples St.
11:00 a.m. - 6:00 p.m.
9:00 a.m. - 5:00 p.m.
NUECES COUNTY SUNRVEST
KEACH FAMILY LIBRARY 1440 Airline Rd.
1000 Terry Shamsie Blvd.
10:00 a.m. - 6:00 p.m.
9:00 a.m. - 6 :00 p.m.
HI HO RESTURANT WELLS FARGO BANK
3703 Morgan Ave.
1024 Texas Yes Blvd.; Robstown TX
7:00 a.m. — 2:00 p.m.
9:00 a.m. — 5:00 p.m.
N:\Elections\ELECTION 2008\NOVEMBER 2008 - GENERAL ELECTION \Contracts\EXHIBIT B.doc 7
Created By: Election Division
July 17, 2008
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EXHIBIT C
ELECTION DAY POLLING LOCATIONS
NUECES COUNTY JOINT ELECTION
NOVEMBER 4, 2008
PCT 1
PCT2
PCT3
PCT 4
PCT 5
PCT 6
PCT 7
PCT 8
PCT 9
PCT 10
PCT 11
?CT 12
PCT 13
FIRST PRESBYTERIAN CHURCH (ACTIVITIES BLDG)
430 S. CARANCAHUA
CORPUS CHRISTI, TX 78401
WINDSOR PARK ATHENA SCHOOL (MUSIC RM)
4525 S. ALAMEDA ST.
CORPUS CHRISTI, TX 78412
THE MASTERS LAKE ASSOCIATION
7502 VENICE
CORPUS CHRISTI, TX 78413
KOSTORYZ ELEMENTARY SCHOOL (MUSIC RM)
3602 PANAMA
CORPUS CHRISTI, TX 78415
HAMLIN MIDDLE SCHOOL (CAFETERIA)
3900 HAMLIN
CORPUS CHRISTI, TX 78411
ETHEL EYERLY COMMUNITY CENTER
654 GRAHAM RD,
CORPUS CHRISTI, TX 78418
OAK PARK RECREATION CENTER
842 ERWIN
CORPUS CHRISTI, TX 78408
ELLA BARNES ELEMENTARY SCHOOL
(FRONT HALL)
2829 OSO PARKWAY
CORPUS CHRISTI, TX 78414
CALALLEN MIDDLE SCHOOL (MAINT. OFFICE)
4602 CORNETT
CORPUS CHRISTI, TX 78410
BLUNTZER SCHOOL BUILDING
5775 FM 666
ROBSTOWN, TX 78380
AGUA DULCE COUNTY BUILDING
1514 SECOND ST.
AGUA DULCE, TX 78330
BANQUETE INDEPENDENT SCHOOL DISTRICT
4339 FOURTH STREET
BANQUETE, TX 78339
SALAZAR ELEMENTARY SCHOOL
400 W. LIGUSTRUM
ROBSTOWN, TX 78380
PCT 14
PCT 15
PCT 16
PCT 17
PCT 18
PCT 19
PCT 20
PCT 21
PCT 22
PCT 23
PCT 24
PCT 25
PCT 26
TRUE GIN CO -OP
4371 FM 70
BISHOP, TX 78343
PEOPLE'S BAPTIST CHURCH
1355 FM 665
CORPUS CHRISTI, TX 78415
LONDON SCHOOL
1306 FM 43
CORPUS CHIRSIT, TX 78415
SMITH ELEMENTARY SCHOOL
6902 WILLIAMS
CORPUS CHRISTI, TX 78412
RONNIE H. POLSTON COUNTY BLDG.
10110 COMPTON
CORPUS CHRISTI, TX 78418
PORT ARANSAS COMMUNITY CENTER
408 N. Alister
PORT ARANSAS, TX 78373
GALVAN ELEMENTARY SCHOOL
3126 MASTERSON
CORPUS CHRISTI, TX 78415
KIWANIS RECREATION CENTER
3933 TIMON BLVD.
CORPUS CHRISTI, TX 78404
PETRONILA ELEMENTARY SCHOOL (CAFETERIA)
2391 CO. RD. 67
PETRONILA, TX 78380
RIVER HILLS BAPTIST CHURCH
16318 FM 624
ROBSTOWN, TX 78380
WEST OSO HIGH SCHOOL
5202 BEAR LANE
CORPUS CHRISTI, TX 78416
LEONA COMMUNITY BUILDING
6923 FM 1833
ROBSTOWN, TX 78380
GRACE PRESBYTERIAN CHURCH
6301 YORKTOWN
CORPUS CHRISTI, TX 78414
N:\Elections\ELECTION 2008\NOVEMBER 2008 - GENERAL ELECTION \ Contracts\EXHIBIT C.doc
Created By: Election Division
July 17, 2008
-106-
1
PCT 27 DRISCOLL INDEPENDENT SCHOOL
410 W. AVENUE D
DRISCOLL, TX 78351
PCT 28 ST. ANTHONY CATHOLIC CHURCH - VIOLET
3918 CO. RD. 61
ROBSTOWN, TX 78380
PCT 29 LUTHER JONES ELEMENTARY SCHOOL
(CAFETERIA)
7533 LIPES AVE.
CORPUS CHRISTI, TX 78414
PCT 30 OVEAL WILLIAMS SENIOR CENTER
1414 MARTIN LUTHER KING
CORPUS CHRISTI, TX 78401
PCT 31 NALC LOCAL 1259 UNION HALL
1220 S. ALAMEDA
CORPUS CHRISTI, TX 78404
PCT 32 BLANCHE MOORE ELEMENTARY SCHOOL
6121 DURANT
CORPUS CHRISTI, TX 78415
PCT 33 GEORGE EVANS ELEMENTARY SCHOOL
1315 COMANCHE ST.
CORPUS CHRISTI, TX 78401
PCT 34 OUR LADY OF MT CARMEL MISSION
1090 CLARKWOOD RD.
CORPUS CHRISTI, TX 78406
PCT 35 LOTSPEICH ELEMENTARY SCHOOL (CAFETERIA)
1000 RUBEN CHAVEZ RD.
ROBSTOWN, DC 78380
PCT 36 BISHOP PRIMARY SCHOOL
705 W. MAIN
BISHOP, TX 78343
PCT 37 JOHNNY S. CALDERON BUILDING
710 E. MAIN
ROBSTOWN, TX 78380
PCT 38 BROOKS CHAPEL A.M.E. CHURCH
2101 N PORT AVE.
CORPUS CHRISTI, TX 78407
PCT 39 FIRE STATION # 3
1401 MORGAN
CORPUS CHRISTI, TX 78404
PCT 40 ISLAND PRESBYTERIAN CHURCH
14030 FORTUNA BAY DRIVE
CORPUS CHRISTI, TX 78418
PCT 41 BONILLA PLAZA (ATRIUM)
2727 MORGAN
CORPUS CHRISTI, TX 78405
PCT 42 SANTA FE STATION
2806 SANTA FE
CORPUS CHRISTI, TX 78404
PCT 43 WM. TRAVIS ELEM. SCHOOL (CAFETERIA)
3210 CHURCHILL —
CORPUS CHRISTI, TX 78415
PCT 44 ZAVALA SENIOR CENTER
510 OSAGE
CORPUS CHRISTI, TX 78405
PCT 45 GEORGE WIGGINS HOMES (RECREATION CENTER)
2320 BUFORD STREET
CORPUS CHRISTI, TX 78405
PCT 46 ANTONIO GARCIA ARTS & EDUCATION CTR
2021 AGNES
CORPUS CHRISTI, TX 78405
PCT 47 BEN GARZA GYM
1815 HOWARD
CORPUS CHRISTI, TX 78408
PCT 48 ABIDING SAVIOR LUTHERAN CHURCH
4326 McARDLE
CORPUS CHRISTI, TX 78411
PCT 49 SCOTT VETTERS SCOUT HUT
3221 McKINZIE
CORPUS CHRISTI, TX 78410
PCT 50 LINDALE RECREATION CENTER
3133 SWANTNER
CORPUS CHRISTI, TX 78404
PCT 51 WELDON GIBSON ELEMENTARY SCHOOL
(CAFETERIA)
5723 HAMPSHIRE
CORPUS CHRISTI, TX 78408
PCT 52 JEFFERINE LYTLE ESTATES
509 OLD ROBSTOWN RD.
CORPUS CHRISTI, TX 78408
PCT 53 SAM HOUSTON ELEMENTARY SCHOOL
(FRONT HALL)
363 NORTON STREET
CORPUS CHRISTI, TX 78415
PCT 54 ORTIZ INTERMIEDIATE SCHOOL
208 E. AVENUE E
ROBSTOWN, TX 78380
PCT 55 HATTIE MARTIN ELEMENTARY SCHOOL
701 N. FIRST STREET
ROBSTOWN, TX 78380
PCT 56 LA ARMADA (BOYS & GIRLS HALL)
1455 SOUTHGATE
CORPUS CHRISTI, TX 78415
N:\Elections\ELECTION 2008 \NOVEMBER 2008 - GENERAL ELECTION \ Contracts\ EXHIBIT C.doc
Created By: Election Division
July 17, 2008
-107-
2
PCT 57
PCT 58
PCT 59
PCT 60
PCT 61
PCT 62
PCT 63
PCT 64
PCT 65
PCT 66
PCT 67
PCT 68
PCT 69
PCT 70
PCT 71
DEL MAR COLLEGE (ADMINISTRATION BLDG)
101 BALDWIN
CORPUS CHRISTI, TX 78404
MENGER ELEMENTARY SCHOOL
(FRONT HALLWAY)
2401 S. ALAMEDA STREET
CORPUS CHRISTI, TX 78404
INCARANATE WORD ACADEMY (LOBBY)
2910 S. ALAMEDA
CORPUS CHRISTI, TX 78404
ADULT LEARNING CENTER (STUDENT CENTER)
3902 MORGAN AVE.
CORPUS CHRISTI, TX 78405
SHAW ELEMENTARY SCHOOL
2920 SOLEDAD
CORPUS CHRISTI, TX 78405
WYNN SEALE MIDDLE SCHOOL (MAIN ENTRANCE)
1707 AYERS STREET
CORPUS CHRISTI, TX 78404
PARKWAY PRESBYTERIAN CHURCH .
3707 SANTA FE
CORPUS CHRISTI, TX 78411
WILSON ELEMENTARY SCHOOL (CAFETERIA)
3925 FORT WORTH
CORPUS CHRISTI, TX 78411
MONTCLAIR ELEMENTARY SCHOOL (MUSIC RM)
5241 KENNER
CORPUS CHRISTI, TX 78412
FIRE STATION # 7
3722 S. STAPLES
CORPUS CHRISTI, TX 78411
ICAFFIE MIDDLE SCHOOL
5922 BROCKHAMPTON
CORPUS CHRISTI, TX 78414
CHURCH OF THE KING
1012 ANNAPOLIS
CORPUS CHRISTI, TX 78415
BAKER MIDDLE SCHOOL (ROOM 45)
3445 PECAN STREET
CORPUS CHRISTI, TX 78411
ARROWSMITH APARTMENTS (COMMUNITY RM)
5701 WILLIAMS DR.
CORPUS CHRISTI, TX 78412
LEXINGTON ELEMENTARY SCHOOL (CAFETERIA)
2901 McARDLE
CORPUS CHRISTI, TX 78415
PCT 72 CENTRAL PARK ELEMENTARY SCHOOL
(CAFETERIA)
3602 McARDLE
CORPUS CHRISTI, TX 78415
PCT 73 JAMES FANNIN ELEMENTARY SCHOOL
(CAFETERIA)
2730 GOLLIHAR
CORPUS CHRISTI, TX 78415
PCT 74
PCT 75
PCT 76
PCT 77
PCT 78
PCT 79
PCT 80
PCT 81
PCT 82
PCT 83
PCT 84
PCT 85
CUNNINGHAM MIDDLE SCHOOL (CAFETERIA)
4321PRESCOTT
CORPUS CHRISTI, TX 78416
DAVID CROCKETT ELEMENTARY SCHOOL
(FRONT FOYER)
2625 BELTON
CORPUS CHRISTI, TX 78405
PETE ROEL ENTERPRIZE
501 S. PORT
CORPUS CHRISTI, TX 78405
LOZANO INSTRUCTIONAL SERVICE CENTER
650 OSAGE
CORPUS CHRISTI, TX 78405
JOHN F. KENNEDY ELEMENTARY SCHOOL
(CAFETERIA)
5040 ROCKFORD
CORPUS CHRISTI, TX 78416
DRISCOLL MIDDLE SCHOOL
3501 KENWOOD
CORPUS CHRISTI, TX 78408
WEST OSO JR. HIGH SCHOOL
1115 BLOOMINGTON
CORPUS CHRISTI, TX 78416
FIRE STATION # 15
14202 COMMODORE
CORPUS CHRISTI, TX 78418
FIRE STATION # 9
501 NAVIGATION
CORPUS CHRISTI, TX 78408
H.E.B. TENNIS CENTER
1520 SHELY
CORPUS CHRISTI, TX 78404
C.C. AREA COUNCIL FOR THE DEAF
5151 McARDLE
CORPUS CHRISTI, TX 78411
T.G. ALLEN ELEMENTARY SCHOOL (FRONT LOBBY)
1414 EIGHTEENTH ST.
CORPUS CHRISTI, TX 78404
N:\Elections\ELECTION 2008\NOVEMBER 2008 - GENERAL ELECTION \Contracts\EXHIBIT C.doc
Created By: Election Division
July 17, 2008
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3
PCT 86 TBA
CORPUS CHRISTI, TX 78404
PCT 87 CARROLL LANE ELEMENTARY SCHOOL
(CAFETERIA)
4120 CARROLL LANE
CORPUS CHRISTI, TX 78411
PCT 88 SECOND BAPTIST CHURCH
6701 S. STAPLES
CORPUS CHRISTI, TX 78413
PCT 89 TURF & IRRIGATION HARDWARE, INC.
933 AIRLINE
CORPUS CHRISTI, TX 78412
PCT 90 FIRE STATION # 11
910 AIRLINE
CORPUS CHRISTI, TX 78412
PCT 91 TBA
CORPUS CHRISTI, TX 78412
PCT 92 CULLEN MIDDLE SCHOOL (MAIN HALLWAY)
5224 GREELY
CORPUS CHRISTI, TX 78412
PCT 93 WATER UTILITY BLDG. (CONFERENCE RM)
2726 HOLLY RD.
CORPUS CHRISTI, TX 78411
PCT 94 WM. CALK ELEMENTARY SCHOOL (CAFETERIA)
4621 MARIE STREET
CORPUS CHRISTI, TX 78411
PCT 95 ST. CYRIL & METHODIUS (KASPER HALL)
3210 S.P.I.D.
CORPUS CHRISTI, TX 78415
PCT 96 NORTON STREET CHURCH OF CHRIST
3001 NORTON STREET
CORPUS CHRISTI, TX 78415
PCT 97 ROSAS GARAGE
4462 DINN
CORPUS CHRISTI, TX 78415
PCT 98 MOODY HIGH SCHOOL (FOYER -MAIN ENTRANCE)
1818 TROJAN
CORPUS CHRISTI, TX 78416
PCT 99 WEST HEIGHTS BAPTIST CHURCH
642 SCOTT DR.
CORPUS CHRISTI, TX 78408
PCT 100 FIRE STATION # 12
2120 RAND MORGAN
CORPUS CHRISTI, TX 78410
PCT 101 TULOSO- MIDWAY HIGH SCHOOL (CHOIR ROOM)
2653 McKINZIE RD.
CORPUS CHRISTI, TX 78410
PCT 102 BISHOP HIGH SCHOOL (BADGER DEN)
717 EAST SIXTH STREET
BISHOP, TX 78343
PCT 103 TULOSO- MIDWAY MIDDLE SCHOOL (MAIN LOBBY)
9768 LaBRANCH
CORPUS CHRISTI, TX 78410
PCT 104 LOTSPEICH ELEMENTARY SCHOOL (CAFETERIA)
1000 RUBEN CHAVEZ RD.
ROBSTOWN, TX 78380
PCT 105 SAN PEDRO ELEMENTARY SCHOOL (CAFETERIA)
800 W. AVE. D.
ROBSTOWN, TX 78380
PCT 106 TOM BROWNE MIDDLE SCHOOL (CAFETERIA)
4301 SCHANEN
CORPUS CHRISTI, TX 78413
PCT 107 MAGEE ELEMENTARY SCHOOL
4201 CALALLEN
CORPUS CHRISTI, TX 78410
PCT 108 NUECES COUNTY AIRPORT
3983 WINGS DRIVE
ROBSTOWN, TX 78380
PCT 109 KING SENIOR HIGH SCHOOL (MAIN HALL)
5225 GOLLIHAR
CORPUS CHRISTI, TX 78412
PCT 110 HILLTOP COMMUNITY CENTER
11425 LEOPARD
CORPUS CHRISTI, TX 78410
PCT 111 LULAC WEST APTS. (COMMUNITY RM)
10702 III 37
CORPUS CHRISTI, TX 78410
PCT 112 SCHANEN ESTATES ELEMENTARY SCHOOL
(CAFETERIA)
5717 KILLARMET
CORPUS CHRISTI, TX 78413
PCT 113 GARCIA ELEMENTARY SCHOOL (CAFETERIA)
4401 GREENWOOD
CORPUS CHRISTI, TX 78416
PCT 114 ST. JOHN'S BAPTIST CHURCH
5445 GREENWOOD
CORPUS CHRISTI, TX 78417
PCT 115 CLUB ESTATES ELEMENTARY SCHOOL
(CAFETERIA)
5222 MERGANSER
CORPUS CHRISTI, TX 78413
N:\Elections\ELECTION 2008\NOVEMBER 2008 - GENERAL ELECTION \Contracts\EXHIBIT C.doc
Created By: Election Division
July 17, 2008
-109-
4
PCT 116 ELLIOT GRANT MIDDLE SCHOOL
4350 AARON DRIVE
CORPUS CHRISTI, TX 78413
PCT 117 FLOUR BLUFF HIGH SCHOOL
(ADMJNISTRATION OFFICE)
2505 WALDRON RD.
CORPUS CHRISTI, TX 78418
PCT 118 TBA
CORPUS CHRISTI, TX 78413
PCT 119 FIRE STATION # 14
5901 S. STAPLES
CORPUS CHRISTI, TX 78413
PCT 120 WOODLAWN ELEMENTARY SCHOOL (CAFETERIA)
1110 WOODLAWN
CORPUS CHRISTI, TX 78412
PCT 121 YEAGER ELEMENTARY SCHOOL (CAFETERIA)
5414 TRIPOLI
CORPUS CHRISTI, TX 78411
PCT 122 FLOUR BLUFF I.S.D. (MAJNTENANCE LOUNGE)
2505 WALDRON RD.
CORPUS CHRISTI, TX 78418
PCT 123 ANNAVILLE ELEMENTARY SCHOOL (CAFETERIA)
3901 CLIFF CRENSI-IAW
CORPUS CHRISTI, TX 78410
PCT 124 CIMARRON SENIOR APARTMENTS
2802 CIMARRON
CORPUS CHRISTI, TX 78414
PCT 125 MIRELES ELEMENTARY SCHOOL
7658 CIMARRON
CORPUS CHRISTI, TX 78414
PCT 126 CHAPMAN RANCH GIN
1726 COUNTY ROAD 6
CHAPMAN RANCH, TX 78347
N:\Elections\ELECTION 2008\NOVEMBER 2008 - GENERAL ELECTION \Contracts\EXHIBIT C.doc
Created By: Election Division
July 17, 2008
- 1 1 0 -
5
8
CITY COUNCIL
AGENDA MEMORANDUM
August 12, 2008
AGENDA ITEM: Ordinance abandoning and vacating a 738- square foot portion of a 10 -foot wide
utility easement out of Don Patricio Subdivision, Block S, Lot 12, and a one -half portion of Lot 13,
and a one -half portion of Lot 40 and all of Lot 41, between Flour Bluff Drive and Lynhurst Drive;
requiring the owner L.C. Alty, LTD, to comply with the specified conditions; and declaring an
emergency.
ISSUE: The reason for the closure of the utility easement is to allow for future construction and
development over said easement.
REQUIRED COUNCIL ACTION: City Charter Article X and City Code of Ordinances, Sec. 49 -13
requires Council approval to abandon and vacate any portion of an easement.
PRIOR COUNCIL ACTION:
May 22, 2007 (Ord. No. 027285) - Council approved the abandonment of a 10 -foot wide utility
easement out of Lots 15 -16 and Lots 37 -38, Block S, Don Patricio Subdivision.
September 18, 2007 (Ord. No. 027419) - Council approved the abandonment of a 10 -foot wide utility
easement out of Lots 17 -22 and Lots 31 -36, Block S, Don Patricio Subdivision.
September 18, 2007 (Ord. No. 027420) - Council approved the abandonment of a 10 -foot wide utility
easement out of Lots 23 -30, Block S, Don Patricio Subdivision.
IMPLEMENTATION SCHEDULE: Upon approval from Council and publication of the ordinance, all
grants of easement closures must be recorded in the real property Map Records of Nueces County,
Texas, in which the property is located. Prior to the building permit approval of construction, an up-
to -date survey, abstracted for all easements and items of record, must be submitted to the Deputy
Director of Development Services. These requirements are in compliance with Ordinance No.
025816, approved 7- 13 -04, amending Code of Ordinance, Section 2, Sec. 49 -13.
RECOMMENDATION: Staff recommends approval of the ordinance as presented on an emergency
basis, in accordance with Ordinance 025816, Section 5.
Attachments:
Exhibit A - Background Information
Fxhihtt R - Ordinance
/304
Bob Nix, AICP
ACM of Development Services
—1 1 3—
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
PURPOSE OF CLOSURE AND BACKGROUND:
L.C. Alty, LTD ( "Owner"), is requesting the abandonment and vacating of a 738 - square foot
portion of a 10 -foot wide utility easement out of Don Patricio Subdivision, Block S, Lot 12,
and a one -half portion of Lot 13, and a one -half portion of Lot 40 and all of Lot 41, which is
located between Flour Bluff Drive and Lynhurst Drive. The easement to be abandoned and
vacated is located in a "B -4" General Business District.
The abandonment and vacation of the utility easement is being requested by the Owner to
accommodate future construction and development of the property within the area now
being occupied by the existing easement. Owner will be dedicating a 15 -foot wide utility
easement (1,107- square feet) adjacent to and along the Flour Bluff Drive right -of -way line.
There are currently no public or franchised utilities located within the easement. All public
and franchised utilities were contacted to determine if the proposed easement
abandonment conflicts with plans for future installations. None of the city departments or
franchised utility companies had any objections to abandoning the portion of utility
easement. This is part of an effort by utility companies to locate their facilities in "front lot"
easements, rather than "back lot" easements in this area because of the difficulties
experienced in operating and maintaining facilities in areas with limited access. Adjoining
sections of this utility easement were abandoned by City Council action on May 22, 2007,
between Lots 15 -16 and Lots 37 -38; and on September 18, 2007, between Lots 17 -26 and
Lots 27 -36.
Staff recommends that payment of fair market value be waived in accordance with City
Code of Ordinance Sec. 49 -12 because Owner will be dedicating a 1,107- square foot utility
easement to off -set the proposed abandonment and vacation of the 738 - square foot
portion of the existingl0 -foot wide utility easement. The owner has been advised of and
concurs with the conditions of the easement abandonment and vacation.
EXHIBIT A
—1 1 4—
LOCATION MAP N.T.S.
EXHIBIT C
DATE: Moy 8.2008
SCALE N.T.S.
JOB NO.: 41090.00.02
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Page 1 of 3
AN ORDINANCE
ABANDONING AND VACATING A 738 - SQUARE FOOT PORTION OF A
10 -FOOT WIDE UTILITY EASEMENT OUT OF DON PATRICIO
SUBDIVISION, BLOCK S, LOT 12, A ONE -HALF PORTION OF LOT 13,
A ONE -HALF PORTION OF LOT 40 AND ALL OF LOT 41, BETWEEN
FLOUR BLUFF DRIVE AND LYNHURST DRIVE; REQUIRING THE
OWNER, L.C. ALTY, LTD, TO COMPLY WITH THE SPECIFIED
CONDITIONS; AND DECLARING AN EMERGENCY
WHEREAS, L.C. Alty, LTD (Owner) is requesting the abandonment and vacating of a
738 - square foot portion of a 10 -foot wide utility easement out of Don Patricio
Subdivision, Block S, Lot 12, a one -half portion of Lot 13, a one -half portion of Lot 40
and all of Lot 41, between Flour Bluff Drive and Lynhurst Drive to allow for future
construction and development over said easement; and
WHEREAS, it has been determined that it is feasible and advantageous to the City of
Corpus Christi to abandon and vacate said portion of the utility easement, subject to the
provisions below. (Exhibit A)
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. That a 738 - square foot portion of a 10 -foot wide utility easement out of
Don Patricio Subdivision, Block S, Lot 12, a one -half portion of Lot 13, a one -half portion
of Lot 40 and all of Lot 41, between Flour Bluff Drive and Lynhurst Drive, as recorded in
Volume 8, Page 30 of the Map Records of. Nueces County, Texas, is abandoned and
vacated, subject to the conditions specified in Section 2. below.
SECTION 2. The abandonment and vacation of the above public right -of -way is
conditioned as follows:
1) Fair Market Value will be waived because owner will be dedicating a 1,107 -
square foot utility easement of greater value to off -set the proposed
abandonment and vacation of the 10 -foot wide utility easement.
2) Owner must dedicate a 15 -foot wide utility easement (1,107- square feet)
adjacent to and along the Flour Bluff Drive property line. (Exhibit B)
3) Owner must comply with all specified conditions of the ordinance within 180 days
of Council approval.
4) Upon approval by Council and issuance of the ordinance, all grants of easement
closures must be recorded at owner's expense in the real property Map Records
of Nueces County, Texas, in which the property is located. Prior to permit
approval of construction, an up -to -date survey, abstracted for all easements and
items Building of record, must be submitted to the Director of Development
Services.
_til
O:\SharedW ay)Agenda\2008 \8- 12\ORD- abandon- vacateUtilEasmt- Alty- DonPatricioSubd- Alty.doc
ATTEST:
Armando Chapa
City Secretary
APPROVED as to form: August 6, 2008
By:
'e*Ag&ut44<x R(ay R g
;s; skarkC-4,.j First Assistant ity Attorney
RAitraei For City Attorney
Page 2 of 3
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
Q:\S haredUayAgenda\2008 \8- 12\ORD- abandon- vacateUtilEasmt- Alty- DOnPatricioSubd- Alty.doc
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.
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: LLEG- DIR \SharedUapAgenda\2008 \8- 12 \ORD- abandon- vacatiL IEasmt- Alty- DonPatricioSubd- Alty.doc
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F1ELDNOIES for the dosing of d 10.00 foot wide utlllty
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of Lob 12 and 13 and Lots 40 and 41. Block 5, Don
Patricia, a mop of which Is recorded In Volume 6, Poge
30, Map Records of Nuecn County, Texan.
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DATE: May 6, 2006
SCALE: 1 -60'
1108 N0.: 41090.00.02
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l
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Lot 38
et
Lot 37
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tot 13
Lot 14
Lot 15
10' UL—: :^
Lot 18
Lot 38
SV er ]0' d W 1ffi
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UNE
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15.00'
Lot 17
� N
Lola Johnson
o`!
0
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Location Nap N.Y.S
Map to Accompany
FlELDNOTES for o 15.00 foot wide utility easement (not
based on an co—the—ground survey) out of Lots 40
and 41, Block 5, Don Potrlolo, a mop of which is
carded In Volume 8, Pope 30, Map Records of
Nueces County, Twos.
URBAN ' 1 mtiOt °°
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DRAM BY: DL
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F x.H- /0 f T l3
9
CITY COUNCIL
AGENDA MEMORANDUM
August12,2008
AGENDA ITEM: Ordinance abandoning and vacating a 738 - square foot portion of a 10 -foot wide
utility easement out of Don Patricio Subdivision, Block S, a one -half portion of Lot 13, and all of Lot
14, and Lot 39, and a one -half portion Lot 40, between Flour Bluff Drive and Lynhurst Drive;
requiring the owner, Johnston Family Investments, to comply with the specified conditions; and
declaring an emergency.
ISSUE: The reason for the closure of the utility easement is to allow for future construction and
development over said easement.
REQUIRED COUNCIL ACTION: City Charter Article X and City Code of Ordinances, Sec. 49 -13
requires Council approval to abandon and vacate any portion of an easement.
PRIOR COUNCIL ACTION:
May 22, 2007 (Ord. No. 027285) - Council approved the abandonment of a 10 -foot wide utility
easement out of Lots 15 -16 and Lots 37 -38, Block S, Don Patricio Subdivision.
September 18, 2007 (Ord. No. 027419) - Council approved the abandonment of a 10 -foot wide utility
easement out of Lots 17 -22 and Lots 31 -36, Block S, Don Patricio Subdivision.
September 18, 2007 (Ord. No. 027420) - Council approved the abandonment of a 10 -foot wide utility
easement out of Lots 23 -30, Block S, Don Patricio Subdivision.
IMPLEMENTATION SCHEDULE: Upon approval from Council and publication of the ordinance, all
grants of easement closures must be recorded in the real property Map Records of Nueces County,
Texas, in which the property is located. Prior to the building permit approval of construction, an up-
to -date survey, abstracted for all easements and items of record, must be submitted to the Deputy
Director of Development Services. These requirements are in compliance with Ordinance No.
025816, approved 7- 13 -04, amending Code of Ordinance, Section 2, Sec. 49 -13.
RECOMMENDATION: Staff recommends approval of the ordinance as presented on an emergency
basis, in accordance with Ordinance 025816, Section 5.
Attachments:
Exhibit A - Background Information
Exhibit B - Ordinance
Exhibit C - Site Location Map
Bob Nix, AICP
ACM of Development Services
—125—
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
PURPOSE OF CLOSURE AND BACKGROUND:
Johnston Family Investments ( "Owner "), is requesting the abandonment and vacating of a
738 - square foot portion of a 10 -foot wide utility easement out of a one -half portion of Lot
13, and all of Lot 14, and Lot 39, and a one -half portion Lot 40, which is located between
Flour Bluff Drive and Lynhurst Drive. The easement to be abandoned and vacated is
located in a "13-4" General Business District.
The abandonment and vacation of the utility easement is being requested by the Owner to
accommodate future construction and development of the property within the area now
being occupied by the existing easement. Owner will be dedicating a 15 -foot wide utility
easement (1,107- square feet) adjacent to and along the Flour Bluff Drive right -of -way line.
There are currently no public or franchised utilities located within the easement. All public
and franchised utilities were contacted to determine if the proposed easement
abandonment conflicts with plans for future installations. None of the city departments or
franchised utility companies had any objections to abandoning the portion of utility
easement. This is part of an effort by utility companies to locate their facilities in "front lot"
easements, rather than "back lot" easements in this area because of the difficulties
experienced in operating and maintaining facilities in areas with limited access. Adjoining
sections of this utility easement were abandoned by City Council action on May 22, 2007,
between Lots 15 -16 and Lots 37 -38; and on September 18, 2007, between Lots 17 -26 and
Lots 27 -36.
Staff recommends that payment of fair market value be waived in accordance with City
Code of Ordinance Sec. 49 -12 because Owner will be dedicating a 1,107- square foot utility
easement to off -set the proposed abandonment and vacation of the 738 - square foot
portion of the existingl0 -foot wide utility easement. The owner has been advised of and
concurs with the conditions of the easement abandonment and vacation.
EXHIBIT A
—126—
Page 1 of 3
AN ORDINANCE
ABANDONING AND VACATING A 738 - SQUARE FOOT PORTION OF A
10 -FOOT WIDE UTILITY EASEMENT OUT OF DON PATRICIO
SUBDIVISION, BLOCK S, A ONE -HALF PORTION OF LOT 13, ALL OF
LOT 14 AND LOT 39, AND A ONE -HALF PORTION OF LOT 40,
BETWEEN FLOUR BLUFF DRIVE AND LYNHURST DRIVE;
REQUIRING THE OWNER, JOHNSTON FAMILY INVESTMENTS, LTD,
TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING
AN EMERGENCY
WHEREAS, Johnston Family Investments, LTD (Owner) is requesting the abandonment
and vacating of a 738 - square foot portion of a 10 -foot wide utility easement out of Don
Patricio Subdivision, Block S, a one -half portion of Lot 13, all of Lot 14 and Lot 39, and a
one -half portion of Lot 40, between Flour Bluff Drive and Lynhurst Drive to allow for
future construction and development over said easement; and
WHEREAS, it has been determined that it is feasible and advantageous to the City of
Corpus Christi to abandon and vacate said portion of the utility easement, subject to the
provisions below. (Exhibit A)
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. That a 738 - square foot portion of a 10 -foot wide utility easement out of
Don Patricio Subdivision, Block S, a one -half portion of Lot 13, all of Lot 14 and Lot 39,
and a one -half portion of Lot 40, between Flour Bluff Drive and Lynhurst Drive, as
recorded in Volume 8, Page 30 of the Map Records of Nueces County, Texas, is
abandoned and vacated, subject to the conditions specified in Section 2. below.
SECTION 2. The abandonment and vacation of the above public right -of -way is
conditioned as follows:
1) Fair Market Value will be waived because owner will be dedicating a 1,107 -
square foot utility easement of greater value to off-set the proposed
abandonment and vacation of the 10 -foot wide utility easement.
2) Owner must dedicate a 15 -foot wide utility easement (1,107- square feet)
adjacent to and along the Flour Bluff Drive property line. (Exhibit B)
3) Owner must comply with all specified conditions of the ordinance within 180 days
of Council approval.
4) Upon approval by Council and issuance of the ordinance, all grants of easement
closures must be recorded at owner's expense in the real property Map Records
of Nueces County, Texas, in which the property is located. Prior to permit
approval of construction, an up -to -date survey, abstracted for all easements and
Q: \Shared\Jay\genda\2008 \8- 12 \ORD- abandon- vacateUtilEasmt- Alty- DonPatricioSubd- Johnston.doc
Page 2 of 3
items Building of record, must be submitted to the Director of Development
Services.
ATTEST:
Armando Chapa
City Secretary
APPROVED as to form: August 6, 2008
By: Ad ? dr, l,•
eft PrW,rcc�/ R.! ay Re
� 4
�c{ Jam{ CAN First Assistant City Attorney
lA Loral For City Attorney
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
kik
Q:\ Shared\Jay\Agenda\2008\8- 12 \ORD- abandon- vacateUtilEasmt- Alty- DonPatricioS ubd- JOhnston.doc
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.
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
H1LEG- DIR\Shared\JayWgenda \2008 \8- 12 \ORD- abandonaltaf Easmt- Alty- DonPatricioSubd- Johnston.doc
t
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Lot 43 at u.r. —1
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Lot 10
Lot 42
Lot 11
Lot 41
Lot 12
Lot 40
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Lot 37
Easement Glows
6017 Mr. Lot 13
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0 Lot 14
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Lot 16
Lot 36
UNE
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DISTANCE
11
N59'54'401W
10.00'
L2
S59'54'40'E
10.00'
Locatke Map N.T.S
Lot 17
Map to Accompany
FIELDNOTES far the dosing of a 10.00 foot wide utility
easement (not band an on on— the —ground survey) out
of Lots 13 and 14 and Lots 39 and 40. Block S. Don
Patricia, o map of which Is recorded In Volume B, Page
30, Map Records of Plumes County, Texas.
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J
Location Map N.T.S
Map to Accompany
BELDNOTES for a 15.00 foot wide utility easement (not
bused on an on— the — ground survey) out of Lote 39
and 40, 5, Don Pario mof which is recorded In Volume 8 Poge 30, Atop Records of
Nuecee County, Teeoe. DAIS Moy 6, 20011
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-133-
EXHIBIT C
10
CITY COUNCIL
AGENDA MEMORANDUM
AGENDA ITEM:
August 12, 2008
Ordinance to consider abandoning and vacating a 975 - square foot portion of a 10 -foot wide utility
easement, out of Padre Island- Corpus Christi, Mariner's Cay Unit 2A, Block 2, Lots 10 -11, located
adjacent to the Cabana East Street public rights -of -way; requiring the owner, Brite Star Construction,
to comply with the specified conditions; and declaring an emergency.
ISSUE: Urban Engineering, on behalf of Brite Star Construction, is requesting the abandonment
and vacation of the utility easement, to accommodate for the future construction of a building
structure over the easement, as a third part of a three phase condominium project.
REQUIRED COUNCIL ACTION: City Charter Article X and City Code of Ordinances, Sec. 49 -13
requires Council approval to abandon and vacate any portion of an easement.
IMPLEMENTATION SCHEDULE: Upon approval from Council and publication of the ordinance, all
grants of easement closures must be recorded in the real property Map Records of Nueces County,
Texas, in which the property is located. Prior to the building permit approval of construction, an up-
to -date survey, abstracted for all easements and items of record, must be submitted to the Deputy
Director of Development Services. These requirements are in compliance with Ordinance No.
025816, approved 7- 13 -04, amending Code of Ordinance, Section 2, Sec. 49 -13.
RECOMMENDATION: Staff recommends approval of the ordinance as presented on an emergency
basis, in accordance with Ordinance 025816, Section 5.
Attachments:
Exhibit A - Background Information
Exhibit B - Ordinance
Exhibit C - Site Location Map
—137—
Bob Nix, AICP
ACM of Development Services
South Padre Island Drive
Park Road 22
Cabana East Street
Cabana East Street
(60' R.O.W.)
Point of Beginning . 1
Location 14 N.T.S
—324 e—
10' Wide Easement Closure
0.022 Acres
(975.00 Sq.Ft.)
Lot 11, Block 2
Padre Island— Corpus Christi
Mariners Cay Unit 2A
Vol. 39, Pgs. 193 -194, Map
Records of Nueces County, Texas
Lot 10. Block 2
Padre Island—Corpus Christi
Mariner's Cay Unit 2A
Vol. 39, Pgs. 193 -194, Map
Records of Nueces County, Texas
45 30
Block 21
Padre Island — Corpus Christi
Island Fairway Estates
Vol. 39, Pgs. 193 -194, Mop
Records of Nueces County, Tel
EXHIBIT C
o Map to Accompany
FIELDNOTES for a 10.00 foot wide utility easement closure
(not based on an on— the — ground survey) out of Lots 10
& 11, Block 2, Padre Island — Corpus Christi Mariner's Coy
Unit 2, a map of which is recorded in Volume 39, Pages
193 -194, Map Records of Nueces County, Texas.
1 =30
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Prepared Sy: MSS
Depamnenr of Development Services
450
Feet
'10
EASMENT
:LOCATION
(LOCATION MAP(
Buie
re
City of
Corpus
Christi
Page 1 of 3
AN ORDINANCE
ABANDONING AND VACATING A 975 - SQUARE FOOT PORTION OF A
10 -FOOT WIDE UTILITY EASEMENT OUT OF PADRE ISLAND -
CORPUS CHRISTI, MARINER'S CAY UNIT 2A, BLOCK 2, LOTS 10 -11,
LOCATED ADJACENT TO THE CABANA EAST STREET PUBLIC
RIGHTS -OF -WAY; REQUIRING THE OWNER, BRITE STAR
CONSTRUCTION, LP, TO COMPLY WITH THE SPECIFIED
CONDITIONS; AND DECLARING AN EMERGENCY
WHEREAS, Brite Star Construction, LP (Owner) is requesting the abandonment and
vacating of a 975 - square foot portion of a 10 -foot wide utility easement out of Padre
Island - Corpus Christi, Mariner's Cay Unit 2A, Block 2, Lots 10 -11, located adjacent to
the Cabana East Street public rights -of -way; to accommodate for the future construction
and development over said easement; and
WHEREAS, it has been determined that it is feasible and advantageous to the City of
Corpus Christi to abandon and vacate said portion of the utility easement, subject to the
provisions below. (Exhibit A)
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. That a 975 - square foot portion of a 10 -foot wide utility easement out of
Padre Island- Corpus Christi, Mariner's Cay Unit 2A, Block 2, Lots 10 -11, located
adjacent to the Cabana East Street public rights of way, as recorded in Volume 39,
Pages 193 -194 of the Map Records of Nueces County, Texas, is abandoned and
vacated, subject to the conditions specified in Section 2. below.
SECTION 2. The abandonment and vacation of the above public right -of -way is
conditioned as follows:
1. Staff recommends that the Owner pay the fair market value of $620.00 within 30
days of adoption of the easement closure ordinance for the abandonment and
vacating of the 975 - square foot portion of the easement.
2. Owner must comply with all the specified conditions of the ordinance within 180
days of Council approval.
3. Upon approval from Council and issuance of the ordinance, all grants of
easement closures must be recorded at owner's expense in the real property
Map Records of Nueces County, Texas, in which the property is located. Prior to
permit approval of construction, an up -to -date survey, abstracted for all
easements and items Building of record, must be submitted to the Director of
Development Services.
Q: \Shared\JayW genda\2008 \8- 12\ORD- abandon- vacateUtilEasmt- Aadrelsland- CC- BdteStarConstr.doc
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED as to form: August 4, 2008
1
At, M
-11 ay
FI t Assista 'r ity Attorney
For City Attorney
Page 2 of 3
Henry Garrett
Mayor
H: \LEG -DI MShared\Jay ■Wgenda12008\ 8- 12 \ORD- abandonwiottaltiIEasmt -Pad relsland- CC- BriteStarConstr. doc
Page 3 of 3
Corpus Christi, Texas
Day of , 2008
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: I /we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, Respectfully,
Henry Garrett
Mayor
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummell
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
H:\LEG -DI R \SharedUayW genda\2OO8\8- 12 \ORD- abandon- vee4tQ.$IEasmt- Padrel stand- CC- BdteStarConstr.doc
South Padre Island Drive
Pork Road 22
0
k.
0
0
d
x
tD
0
Cabana East Street
Sit!/
Cabana East Street
(00' t0.W.)
Paint of Beginning w
Lot 11, Block 2
Padre Island— Corpus Christi
Mariners Cay Unit 2A
Vol. 39, Pgs. 193 -194, Mop
Records of Nuscn County, Texas
Compass
49
45
0
0
a
a
U
v>1
c
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C
0
Location Map N.T.S
—01.4031)--r
—10' Wide Easement Closure
0.022 Acres
(975.00 S4.Ft.)
T
Lot 10, Block 2
Padre IMand— Corpus Christi
Merkur's Coy Unit 2A
Vol. 39, Pgs. 193 -194, Map
Records of Nunes County, Texas
/7.5' U.E.
U.ET
Block 21
Padre Island—Corpus Christi
(Mond Fakway Estates
Vol. 39, Pgs. 193 -194, Map
Recordi of Nunn County, Texas
LAZE DS*NG
L1 50V1f30'W
L2 NOr16 "E
DISTANCE
10.00'
10.00'
Map to Accompany
FIELONOTES for o 10.00 foot wide utility easement closure
(not based on on on— the —ground survey) out of Lots 10
& 11, Block 2, Podre Island— Corpus Christi Mariner's Coy
Unit 2, a map of which is recorded in Volume 39, Pages
193 -194, Map Records of Nueces County, Texas.
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11
AGENDA MEMORANDUM
City Council Action Date: August 12, 2008
SUBJECT: Dr. Hector P. Garcia Park — Park Development Phase 1
(Project No. 3156)
AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a
construction contract with Grace Paving and Construction of Corpus Christi, Texas, in the
amount of $59,649.07 for the Dr. Hector P. Garcia Park — Park Development Phase 1 for
the Total Base Bid with Additive Alternate B.
ISSUE: Dr. Hector P. Garcia Park is along Columbia Street between Horne and West
Point Road. A comprehensive master plan for the park was recently completed to create a
safe community gathering place with a pedestrian trail and playground areas, with
associated parking. This is the first phase of improvements under the master plan. The
proposed project was approved as part of the Community Development Block Grant
Program (CDBG). This phase provides for a new walking trail with ADA accessible ramps,
site grading for a future playground area, and landscaping improvements. Additional work
including the playground area with new equipment and parking lot improvements will be
done by in -house City forces.
FUNDING: Funding for this project will come from the Community Development Block
Grant Program.
RECOMMENDATION: Staff recommends approval of the motion as presented.
LAS
.-! • r?'k
Directoi of Parks and Recreation
Additional Support Material:
Exhibit "A" Background Information
Exhibit "A -1" Prior Actions
Exhibit "B" Bid Tabulation
Exhibit "C" Project Budget
Exhibit "D" Location Map
Kevin R. Stowers
Interim Director of Engineering Services
H »4OME\RaehellelGENlParke 8 Rec eationl3156 -HP Garcia Park Oar. Ph 1Wpaals4er7o4ac
AGENDA BACKGROUND INFORMATION
SUBJECT: Dr. Hector P. Garcia Park — Park Development Phase 1
(Project No. 3156)
PROJECT DESCRIPTION: The project consists of a base bid and two alternate bids:
> BASE BID- includes the construction of 6,017 SF of a 10 -foot wide concrete walking
trail, 1 concrete curb ramp, 1 concrete playground ramp, site clearing and grading,
maintain storm water pollution prevention measures, maintain traffic control, and clean
and restore site;
> DEDUCTIVE ALTERNATE BID "A" — includes reducing the concrete walking trail width
from 10 feet to 8 feet to meet potential funding limitations;
> ADDITIVE ALTERNATE BID "B" — includes additional landscaping for planting 6 Live
Oak and 11 Crepe Myrtle trees.
In addition to the walkway, ramps, associated site work and landscaping, a new playground
area with composite wood chips including new playground equipment shall be provided by
Parks & Recreation. Parking lot improvements such as striping and signage will also be
provided by city forces. All work shall be in accordance with the plans, specifications and
contract documents to meet the current requirements /standards of the Americans with
Disabilities Act (ADA) and the Texas Department of Licensing and Regulation (TDLR).
This project is approved under the CDBG Program.
BID INFORMATION: On June 25, 2008, the City received proposals from seven bidders
(see Exhibit "B" Bid Tabulation). The bids ranged from $55,664.32 to $139,094.20 for the
base bid and $59,649.07 to $147,969.20 for the total base bid plus Additive Alternate B.
The estimated cost of construction is $98,108 for the base bid and $9,200 for Additive
Alternate B for a total of $107,308.
City staff and the consultant, Martinez, Guy & Maybik Inc., recommend award of the
contract to Grace Paving and Construction in the amount of $59,649.07 for the Total Base
Bid plus Additive Alternate B.
CONTRACT TERMS: The project is estimated to require 120 calendar days, with
completion anticipated in January 2009.
PROJECT BACKGROUND: Dr. Hector P. Garcia Park is the major park for the west side
of the city. The continued development of this park would provide much - needed general
recreational opportunities. The overall objective for the master plan for the park includes
optimizing land use, aesthetics, operational and maintenance impacts, recreational
opportunities, and revenue generation. The planned improvements include playing fields,
enhanced playgrounds, picnic facilities, walking trails, basketball and volleyball courts, and
parking access infrastructure.
XHIBIT "A"
Page 1 of 1
H:WOME1Retelle1GEMParks & Recreation \3156 -HP Garcia Pak Dev. Ph 11g0 ehl.HP Garcia Park 1.cloc
PRIOR PROJECT ACTIONS
SUBJECT: Dr. Hector P. Garcia Park — Park Development Phase 1
(Project No. 3156)
PRIOR COUNCIL ACTION:
1. September 18, 2001 - Motion authorizing the City Manager, or his designee, to execute
an engineering contract in the amount of $40,107 with Halff Associates for the Dr. H. P.
Garcia Park Development Master Plan. (Motion No. 2001 -366)
2. Mav 20, 2003 — Resolution adopting the FY 2003 Consolidated Annual Action Plan
(CAAP), which includes the Community Development Block Grant, Emergency Shelter
Grant, and the HOME Programs; authorizing the City Manager or his designee to
submit the CAAP to the United States Department of Housing and Urban Development;
and authorizing the City Manager or his designee to make changes in the CARP, if
required by the United States Department of Housing and Urban Development.
(Resolution No. 025309)
3. April 27, 2004 - Resolution adopting the FY 2004 Consolidated Annual Action Plan
(CAAP), which includes the Community Development Block Grant, Emergency Shelter
Grant, and the HOME Programs; authorizing the City Manager or his designee to
submit the CAAP to the United States Department of Housing and Urban Development;
and authorizing the City Manager or his designee to make changes in the CARP, if
required by the United States Department of Housing and Urban Development.
(Resolution No. 025738)
4. 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. March 8, 2001— Notice of Intent to Release Request For Proposals (RFP) No. 2001 -03
-(Dr. H.P. Garcia Park Development Master Plan and Parks and Recreation
Comprehensive Master Plan).
2. March 14, 2001 - Authorization to waive the 75/25 local participation policy and use a
60% outside /40% local firms participation policy in the selection procedure.
3. March 16, 2001 - Distribution of Request For Proposals (RFP) No. 2001 -03 - (Dr. H.P.
Garcia Park Development Master Plan and Parks and Recreation Comprehensive
Master Plan) to 215 engineering and architectural firms (84 local and 131 non - local).
4. March 22, 2001 — Addendum No. 1 to the Request For Proposals (RFP) No. 2001 -03 -
(Dr. H.P. Garcia Park Development Master Plan and Parks and Recreation
Comprehensive Master Plan).
5. Mav 29.2007 — Administrative approval of a Small Agreement for Architect/Engineer
Consultant Services with Martinez, Guy & Maybik Inc. in the amount of $22,230 for the
Dr. H.P. Garcia Park Phase 1 Park Development.
—149 -
H:1HOME\Rachelle \GEMParks 8 Reaeation43156HP Garcia Park Dev. Ph 1\Pnnr Actions.doc
EXHIBIT "A -1"
Page 1 of 1
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SUMMARY OF BIDS
TOTAL BASE BID (Bid Items Al through All):
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TOTAL ADDITIVE ALTERNATE BID B (Bid Items CI through C2):
TOTAL BASE BID PLUS ALTERNATE BID B:
TOTAL BASE BID PLUS ALTERNATE BID A PLUS ALTERNATE BID B:
IEXHIBIT "B"
Pape 1 of 2
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Project No. 3166
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TOTAL BASE BID (Bid Items Al through All):
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SUMMARY OF BIDS
TOTAL BASE BID (Bid Items Al through All):
TOTAL DEDUCTIVE ALTERNATE BID A (Bid Item B1):
TOTAL ADDITIVE ALTERNATE BID B (Bid Items CI through C2):
TOTAL BASE BID PLUS ALTERNATE BID B:
TOTAL BASE BID PLUS ALTERNATE BID A PLUS ALTERNATE BID B:
IEXHIBIT "B"
Pape 1 of 2
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102 Airport Road
Corpus Christi, TX 78405
AMOUNT 11
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Park Development Phase 1
Project No. 3155
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—151—
IEXHIBIT "B" I
Pane 2 of 2
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TOTAL BASE BID PLUS ALTERNATE BID A:
TOTAL BASE BID PLUS ALTERNATE BID A PLUS ALTERNATE BID It
IEXHIBIT "B" I
Pane 2 of 2
DR. HECTOR P. GARCIA PARK DEVELOPMENT PHASE 1
(PROJECT NO. 3156)
PROJECT BUDGET
August 12, 2008
FUNDS AVAILABLE:
ESTIMATED
BUDGET
CDBG Fund
1 $ 131,376.07
FUNDS REQUIRED:
Construction Cost (Grace Paving & Construction)
$ 59,649.07
Construction Contingencies
4,000.00
AE Consultants:
HalffAssociates ($40,107) & Martinez, Guy & Maybik ($22,230)
62,337.00
Construction Inspection
2,000.00
Engineering Reimbursements
1,790.00
Finance Reimbursements
600.00
Incidental Expenses (Printing, Advertising, etc.)
1,000.00
Total
$ 131,376.07
—152—
EXHIBIT "C"
Page 1 of 1
H:\ Home \Mproject \Councilexh \exh3156.dwg
COR7LLS C3fTJ7S' A),1
PROJECT LOCATION
(4305 GREENWOOD DR)
CITY PROJECT No. 3156
LOCATION MAP
NOT TO SCALE
EXHIBIT 'D'
DR. HECTOR P. GARCIA - PARK
DEVELOPMENT PHASE 1
-153-
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
DATE: 07 -25 -2008
12
AGENDA MEMORANDUM
DATE: August 12, 2008
SUBJECT: Oso Water Reclamation Plant Clarifier No. 5, 6, 7, 8 / Aerobic Digester No. 2 /
Blower House No. 2 Improvements (Project No. 7356)
CHANGE ORDER NO.4
AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Change
Order No. 4 to the construction contract with R. S. Black Civil Contractors, Inc. from Corpus
Christi, Texas in the amount of $182,034.50, for a total restated fee of $4,780,755.50 for
the Oso Water Reclamation Plant Clarifier No. 5, 6, 7, 8 / Aerobic Digester No. 2 / Blower
House No. 2 Improvements.
ISSUE: The proposed Change Order No. 4 provides for work that was included in the
original design as an alternate bid item and recommended for award pending availability of
additional funds. Funds were not available at the time of initial award and are now
programmed in the CIP.
The proposed work includes replacement of existing influent slide gates and inlet ports that
have become non - operational or serviceable during the construction period. Additionally,
the fiberglass grating and support for the influent walkway have deteriorated to an unsafe
condition for the plant operators. The work is critical to the plant operations and safety.
FUNDING: Funding is available from the FY 2008 Capital Improvement Program (CIP).
RECOMMENDATION: Staff recommends approval of the Motion as presented.
/ '4%
Foster Crowell, Kevin Stowers,
Director of Wastewater Services Interim Director of Engineering Services
Additional Support Material:
Exhibit "A" Background Information
Exhibit "B" Prior Project Actions
Exhibit "C" Change Order Summary
Exhibit "D" Location Map
H:W USERSZHOMEWVELMARGEMWASTEWATERV356 \CHANGE ORDER NO-44(RMAEMO
BACKGROUND INFORMATION
SUBJECT: Oso Water Reclamation Plant Clarifier No. 5, 6, 7, 8 / Aerobic Digester No. 2 /
Blower House No. 2 Improvements (Project No. 7356)
CHANGE ORDER NO.4
PROJECT BACKGROUND: The proposed change order work was included as part of the
original project to address aging infrastructure at the Oso Water Reclamation Plant. The
initial design and bid included this work as Additive Altemate No. 3, which was not awarded
due to limited funding. This work will complete the rehabilitation of the Clarifiers No. 5, 6,
7, and 8, and the required funds were identified in subsequent Capital Improvement
Program.
On July 24, 2007, the Base Bid and Additive Alternate No. 1 were awarded to R. S.
Black Civil Contractors, Inc. of Corpus Christi, Texas as follows:
Base Bid: Consists of removing and replacing the existing traveling bridges on
rectangular Clarifiers No. 6, 7, and 8, including removing and replacing the rails, grout
pads, electrical festooning cable system, electrical control panel, actuator for pipe
skimmers and polyurethane crack injection repair on concrete walls; removing and
replacing four (4) blowers in Blower House No. 2, and installing two (2) 500 KW
generators, and all appurtenances in accordance with the plans, specifications, and
contract documents.
Additive Altemate No. 1: Consists of removing and replacing the existing traveling
bridge on rectangular Clarifier No. 5.
Additive Alternate No. 2: (NOT AWARDED)
Consists of replacing the aerobic digester aeration system for Aerobic Digester No. 2.
Additive Alternate No. 3: (NOT AWARDED)
Consists of removing and replacing slide gates, inlet ports and fiberglass grating on
rectangular Clarifiers No. 5, 6, 7, and 8.
CHANGE ORDER NO. 4: Change Order No. 4 proposed to award Additive Alternate No.
3. This work is critical to the safety of the plant operators and continued operations. This
work was requested by the Wastewater Department for slide gates and fiberglass grating.
Change Order No. 4 also includes alternate proposal submitted under the value
engineering clause for a different stand -by generators manufacturer. Additionally, the
scope includes the replacement of a 14 -inch discharge valve at Lift Station No. 2. Thirty
four (34) additional calendar days are required for Change Order No. 4.
Future Projects: Additive Alternate No. 2 work will be programmed in future CIP in
addition to other infrastructure improvements at the Oso Water Reclamation Plant.
EXHIBIT "A"
Page 1 of 1
H: \USERS2\HOMEWELMAP\GEW WASTEWATER\7356\CHANGE ORDER d0145C8M0A BACKGROUND
IEXHIBIT "B" I
Page 1 of 3
PRIOR PROJECT ACTIONS
SUBJECT: Oso Water Reclamation Plant Clarifier No. 5, 6, 7, 8 / Aerobic Digester No. 2 /
Blower House No. 2 Improvements (Project No. 7356)
CHANGE ORDER NO. 4
PRIOR COUNCIL ACTION:
1. December 17, 2002 - Motion authorizing the City Manager, or his designee, to
execute a Contract For Professional Services with LNV Engineering for a total fee
not to exceed $256,600 for the Oso Water Reclamation Plant Structural /Process
Improvements (Clarifier Bridges /Aeration Basin /Fine Bubble Diffuser (Motion No.
M2002 -420).
2. December 13, 2005 - Motion authorizing the City Manager, or his designee, to
execute Amendment No. 4 to the Contract For Professional Services with LNV
Engineering in the amount of $352,150, for a total re- stated fee of $659,600, for the
Oso Water Reclamation Plant Structure / Process Improvements Clarifier Bridges /
Aeration Basin / Fine Bubble Diffuser. (Motion No. 2005 -413)
3. July 18, 2006 - Motion authorizing the City Manager or his designee to execute
Amendment No. 5 to the Contract for Professional Services with LNV Engineering in
the amount of $120,700 for a total re- stated fee of $780,300 for the Oso Water
Reclamation Plant Structural / Process Improvements (Clarifier Bridges / Aeration
Basin / Fine Bubble Diffuser). (Motion No. 2006 -218)
4. July 24, 2007 — Motion authorizing the City Manager, or his designee, to execute a
construction contract with R. S. Black Civil Contractors, Inc. of Corpus Christi, Texas
in the amount of $4,546,750 for the Oso Water Reclamation Plant Clarifier No. 5, 6,
7, 8 / Aerobic Digester No. 2 / Blower House No. 2 Improvements for the Total Base
Bid and Additive Alternate No. 1. (Motion No. M2007 -196)
5. 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. February 20, 2002 — Distribution of Request For Qualifications (RFQ) No. 2002 -01
(Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering
firms (28 local and 14 out -of- town).
2. March 13, 2002 — Addendum No. 1 to the Request for Qualifications (RFQ) No.
2002 -01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42
engineering firms (28 local and 14 out -of- town).
H: \USERS2\HOMEWELMAP \GEM WASTEWATER \7356\CHANGE ORDER No.d11,951ROJECT ACTIONS
PRIOR ADMINISTRATIVE ACTION:
3. March 15, 2002 — Addendum No. 2 to the Request for Qualifications (RFQ) No.
2002 -01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42
engineering firms (28 local and 14 out -of- town).
4. March 26, 2002 — Addendum No. 3 to the Request for Qualifications (RFQ) No.
2002 -01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42
engineering firms (28 local and 14 out -of- town).
5. March 28, 2002 — Addendum No. 4 to the Request for Qualifications (RFQ) No.
2002 -01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42
engineering firms (28 local and 14 out -of- town).
6. September 26, 2003 — Administrative Approval of Amendment No. 1 to the Contract
for Professional Services with LNV Engineering for a total fee of $6,000, for a total
revised fee of $262,600, for the Oso Water Reclamation Plant Structural /Process
Improvements - Clarifier Bridges /Aeration Basin /Fine Bubble Diffuser.
7. August 5, 2004 - Administrative Approval of Amendment No. 2 to the Contract for
Professional Services with LNV Engineering for a total fee of $19,950, for a total
revised fee of $282,550, for the Oso Water Reclamation Plant Structural /Process
Improvements - Clarifier Bridges /Aeration Basin /Fine Bubble Diffuser.
8. October 11, 2004 - Administrative Approval of Amendment No. 3 to the Contract for
Professional Services with LNV Engineering for a total fee of $24,900, for a total
revised fee of $307,450, for the Oso Water Reclamation Plant Structural /Process
Improvements - Clarifier Bridges /Aeration Basin /Fine Bubble Diffuser.
9. July 27, 2007 — Administrative Approval of Amendment No. 6 to the Contract for
Professional Services with LNV Engineering for a total fee of $24,500, for a total
revised fee of $804,800, for the Oso Water Reclamation Plant Structural /Process
Improvements - Clarifier Bridges /Aeration Basin /Fine Bubble Diffuser.
10. September 20, 2007 — Administrative Approval of Amendment No. 7 to the Contract
for Professional Services with LNV Engineering for a total fee of $22,880, for a total
revised fee of $827,680, for the Oso Water Reclamation Plant Structural /Process
Improvements - Clarifier Bridges /Aeration Basin /Fine Bubble Diffuser.
11. January 2, 2008 - Administrative Approval of Amendment No. 8 to the Contract for
Professional Services with LNV Engineering for a total fee of $15,000, for a total
revised fee of $842,680, for the Oso Water Reclamation Plant Structural /Process
Improvements - Clarifier Bridges /Aeration Basin /Fine Bubble Diffuser.
12. March 24, 2008 — Administrative approval of Change Order No. 1 to R. S. Black
Civil Contractors, Inc. of Corpus Christi, Texas in the amount of $21,135.75, for a
total re- stated contract fee of $4,567,885.75, for the Oso Water Reclamation Plant
Clarifier Structural Improvements Bridge No. 5, 6, 7, 8 / Blower House No. 2
Improvements.
H:\ USERS2\ HOMEWELMA RGEMWASTEWATER \73561CHANGE OROERWq. 6FOIOR PROJECT ACTIONS
EXHIBIT "B"
Page 2 of 3
PRIOR ADMINISTRATIVE ACTION:
13. May 14, 2008 — Administrative approval of Change Order No. 2 to R. S. Black Civil
Contractors, Inc. of Corpus Christi, Texas in the amount of $12,765.25, for a total
re- stated contract fee of $4,580,651, for the Oso Water Reclamation Plant Clarifier
Structural Improvements Bridge No. 5, 6, 7, 8 / Blower House No. 2 Improvements.
14. May 14, 2008 — Administrative approval of Change Order No. 3 to R. S. Black Civil
Contractors, Inc. of Corpus Christi, Texas in the amount of $18,070, for a total re-
stated contract fee of $4,598,721, for the Oso Water Reclamation Plant Clarifier
Structural Improvements Bridge No. 5, 6, 7, 8 / Blower House No. 2 Improvements.
IEXHIBIT 'B" I
Page 3 of 3
H:\USERS2W OME\VELMAP\GEN \WASTEWATERV 356 \CHANGE ORDER NO'44 T€4 PROJECT ACTIONS
DEPARTMENT OF ENGINEERING SERVICES
CHANGE ORDER SUMMARY SHEET
July 22, 2008
PROJECT: Oso Water Reclamation Plant Clarifier No. 5, 6, 7, 8 / Aerobic
Digester No. 2 / Blower House No. 2 Improvements
Project No. 7356
APPROVED: City Council Motion No. M2007 -196 on July 24, 2007
CONTRACTOR: R. S. Black Civil Contractors, Inc.
P. O. Box 6218
Corpus Christi, TX 78466
TOTAL CONTRACT AMOUNT
$4,546,750.00
25% Limit Amount
1,1 36,687.50
Change Order No. 1 (March 24, 2008)
21,135.75
Change Order No. 2 (May 14, 2008)
12,765.25
Change Order No. 3 (May 14, 2008)
18,070.00
Change Order No. 4 (August 12, 2008)
182,034.50
TOTAL All Change Orders
$234,005.50
5.15%
<
25%
H:\USERS2\HOMEWELMAP\GEN \WASTEWATER \7356 \CHANGE ORDER LI01481p,M6E ORDER SUMMARY
EXHIBIT "C"
Page 1 of 1
\ Mproject \councilexhibits \exh7356. dwg
OSO WATER RECLAMATION PLANT
CLARIFIER NO. 5, 6, 7 8 8 /AEROBIC
DIGESTER NO. 2/ BLOWER HOUSF3NO.2
IMPROVEMENTS
CITY COUNCIL. EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
DATE: 07 -08 -2008
13
AGENDA MEMORANDUM
City Council Action Date: August 12, 2008
SUBJECT: Buckingham Estates Lift Station Upgrade
(Project No. 7117)
AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a
construction contract with Big State Excavation of Corpus Christi, Texas, in the amount of
$1,880,406 for the Buckingham Estates Lift Station Upgrade project for the Total Base Bid.
ISSUE: This project replaces the existing Buckingham Estates Lift Station that is beyond
its usable service life. The existing lift station discharges into a force main and gravity
system upstream of Lift Station No. 5, that is then pumped to the Wooldridge Lift Station
and ultimately to the Oso Water Reclamation Plant. This project is part of the updated
2007 Master Plan to improve wastewater service and capacity on the south side and to
address potential overflows from the gravity system flowing into Lift Station No. 5, which
becomes inundated during peak rain events.
The new lift station is designed to increase current capacity from 1.9 MGD to 3.7 MGD. A
separate Buckingham Force Main project for an 18" PVC discharge force main is planned
for completion prior to the completion of the new lift station. A final section of the force
main is under design. This new force main will run east along the north side of Yorktown to
the Cimarron/Yorktown intersection and be connected to a force main constructed under
the Bond 2004 Cimarron Street Reconstruction project. The force main will then flow north
into a deep wastewater manhole at the Cimarron/Wooldridge intersection and then gravity
flow directly to the Wooldridge Lift Station. This will alleviate the pressure on the upstream
gravity system flowing into Lift Station No. 5 and ultimately decrease operational cost while
supporting continued development on the south side.
FUNDING: Funding for this project will come from the Wastewater Capital Improvement
Budget FY 2008.
RECOMMENDATION: Staff recommends approval of the motion as presented.
i
Foster Crowell
Director of Wastewater 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
Kevin R. Stowers
Interim Director of Engineering Services
H: HOME \Rochelle \GEN\Wastewatetl7117 - Buckingham Lift Station \Canstruttip¢ttref1ndBmo Budkghm LS 1.4c
AGENDA BACKGROUND INFORMATION
SUBJECT: Buckingham Estates Lift Station Upgrade
(Project No. 7117)
PROJECT DESCRIPTION: The Total Base Bid for the project includes
reconstruction /replacement of the lift station, with new pumps, piping, electrical system,
odor control bio- filter facility with new concrete driveway and paving, grading, fencing,
general site work, landscaping, irrigation, and the demolition and /or modification of the
existing lift station and wet wells. The project also includes the installation of a new 8' x 12'
packaged control room building, 250kw /313kva standby generator set and transformer; and
construction of 415 linear feet of 6 -inch PVC waterline improvements. Additive /Deductive
Alternate Bid Item No. 1 consists of substituting a modular odor control system for the
passive earth filter system.
BID INFORMATION: On May 28, 2008, the City received proposals from two bidders (see
Exhibit "B" Bid Tabulation). The bids ranged from $1,880,406 to $1,969,602 for the base
bid and $1,877,215 to $2,064,602 for the total base bid plus additive /deductive Alternate
No. 1. The estimated cost of construction is $1,177,294 for the base bid and $10,000 for
the Deductive Alternate No. 1.
The bids came in higher than the engineer's estimate due to the unexpected increase in
material costs. The consultant acknowledges that their estimate was inaccurate and it is
not anticipated that rebidding will achieve a lower bid price. There is no effective way to cut
costs without negatively impacting operations and overall lifecycle cost. The project is
critical to future projects to alleviate potential overflows in the Oso Wastewater Basin and
will ultimately improve cost effectiveness of the system.
Therefore, City staff and the consultant, Coym, Rehmet & Gutierrez Engineering, L.P.,
recommend that the contract be awarded to Big State Excavation in the amount of
$1,880,406 for the Total Base Bid. The deductive alternate is not being recommended for
award due to the Wastewater Department's preference for the passive earth filter odor
control system. Big State Excavation is a local company formed in November 2001 and
they have successfully completed several other lift station projects for the City of Corpus
Christi.
CONTRACT TERMS: The project is estimated to require 300 calendar days, with
completion anticipated in the summer of 2009.
PROJECT BACKGROUND: This project includes increased capacity and upgraded
systems with the demolition of the existing Buckingham Estates Lift Station located at the
west corner of the intersection of South Staples and Yorktown Boulevard. The existing lift
station has experienced numerous operational problems and is beyond its useful service
life. This project is also part of the updated 2007 Master Plan to address increased
development on the south side of the City which is serviced by the Oso and Greenwood
Wastewater Treatment Plants.
H: WOMEIHachellelGEMWestewaten7117- Buckingham Lift $talionlConstructioraAr8281kBn1 Buckghm LS.doc
EXHIBIT "A"
Page 1 of 2
The existing Buckingham Lift Station capacity is 1.9 MGD. The discharge flows through a
10" force main north into a 15" gravity line upstream of Lift Station No. 5, which is located
just south of the Saratoga /South Staples intersection. The discharge from Lift Station No.
5 flows into the Wooldridge Lift Station and ultimately to the Oso Water Reclamation Plant
(WRP). The gravity system upstream of Lift Station No. 5 becomes inundated during peak
rain events, resulting in potential overflows and TCEQ violations. The new Buckingham Lift
Station is designed for increased capacity with a longer discharge line to a deep gravity
manhole downstream of Lift Station No. 5 that flows directly to the Wooldridge Lift Station.
The new lift station will increase current capacity to 3.7 MGD with the installation of three
20 -HP pumps and equipment. The ultimate capacity for the new lift station will be 4.7 MGD
with the upgrade of the three pumps to 60 HP and the new 18" PVC discharge force main
to the Wooldridge Lift Station gravity system. The pump upgrades will be coordinated with
increased demands from continued development in the lift station service area.
The Buckingham Force Main was planned in three sections and coordinated where
possible with other projects to minimize overall cost. The first section at the
Cimarron/Yorktown intersection was constructed as part of the Bond 2004 Cimarron Phase
2 Street Reconstruction. The second section was designed and under construction as part
of the Cimarron Phase 1 street reconstruction. The force main work will be complete in
2008. It runs from the Cimarron/Yorktown intersection to a deep gravity manhole at the
Cimarron/Wooldridge intersection flowing to the Wooldridge Lift Station, which is scheduled
for completion in fall 2009.
The final section of the force main from the Buckingham Lift Station to the
Cimarron/Yorktown intersection is currently under final design with construction planned
prior to the completion of the lift station. This final force main project also includes a 16"
diameter PVC wastewater effluent force main to extend the effluent force main from the
Cimarron/Yorktown intersection west to Annemasse Street in the King's Crossing
Subdivision for future use at the King's Crossing Country Club Golf Course.
EXHIBIT "A"
Page 2 of 2
H: WOMEWechelleMGEMWestewelen7117- Buckingham Lift Station1Construclionftigite 9 W Buckghm LS.doc
PRIOR PROJECT ACTIONS
SUBJECT: Buckingham Estates Lift Station Upgrade (Project No. 7117)
PR IOR COUNCIL ACTION:
1. February 22, 2000 - Motion authorizing the City Manager, or his designee, to execute a
Contract for Professional Services with Coym, Rehmet, Gutierrez Engineering, Inc. in
the amount of $37,306 for engineering services associated with the Buckingham
Estates Lift Station project. (M2000 -050)
2. April 16, 2002 - Motion authorizing the City Manager, or his designee, to execute
Amendment No. 1 to the Contract for Professional Services with Coym, Rehmet,
Gutierrez Engineering, Inc. in the amount of $299,040 for a revised fee of $336,346 for
the Buckingham Estates Lift Station project. (M2002 -101)
3. November 18, 2003 - Resolution recognizing the public necessity of acquiring utility and
construction easements for the Buckingham Estates Lift Station & Force Main Diversion
Project No. 7117 for utility and other municipal purposes in connection with said project;
and authorizing acquisition by means of negotiations or eminent domain proceedings
by the City of Corpus Christi or its agents in acquiring said easements. (Resolution No.
025562)
4. September 14, 2004 — Motion authorizing the City Manager or his designee to execute
a Utility Easement instrument with Agnes L. Polasek, et al, for Parcel 3, in the total
amount of $78,800 plus $1,500 in closing costs, necessary for the Buckingham Estates
Lift Station and Force Main Diversion Project No. 7117 and for other municipal
purposes. (Motion No. M2004 -352)
5. 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. August 28 2002 — Administrative approval of Amendment No. 2 to the Contract for
Professional Services with Coym, Rehmet, Gutierrez Engineering, Inc. in the amount of
$0 for the Buckingham Estates Lift Station project.
2. July 22, 2003 — Administrative approval of Amendment No. 3 to the Contract for
Professional Services with Coym, Rehmet, Gutierrez Engineering, Inc. in the amount of
$24,900 for a revised fee of $361,246 for the Buckingham Estates Lift Station project.
3. August 13 2003 — Administrative approval of a geotechnical testing agreement with
Rock Engineering and Testing Lab Inc. in the amount of $10,200 for the Buckingham
Estates Lift Station project.
4. October 14, 2003 — Administrative approval of a Small A!E Agreement with Urban
Engineering in the amount of $1,000 for survey work to delineate two electrical
easements for the Buckingham Estates Lift Station project.
5. March 29, 2005 — Administrative approval of Amendment No. 4 to the Contract for
Professional Services with Coym, Rehmet, Gutierrez Engineering, Inc. in the amount of
$24,890 for a revised fee of $386,136 for the Buckingham Estates Lift Station project.
6. March 10, 2008 — Administrative approval of Amendment No. 5 to the Contract for
Professional Services with Coym, Rehmet, Gutierrez Engineering, Inc. in the amount of
$49,550 for a revised fee of $435,686 for the Buckingham Estates Lift Station project.
7. April 10, 2008 - Administrative approval of Amendment No. 6 to the Contract for
Professional Services with Coym, Rehmet, Gutierrez Engineering, Inc. in the amount of
$46,500 for a revised fee of $482,186 for the Buckingham Estates Lift Station project.
—170—
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(Project No. 7117)
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Passive Earth Filter
Passive Earth Filter Blower Assembly & All Piping
Litt Station Piping, Force Main, Fittings & Accessories
Litt Station Temporary By -Pass
General Conditions - Electrical Submittals
Electrical Demolition & Relocation
Temporary Power Rack
Temporary Power for By -Pass Operations
Underground Conduit to Transformer
Underground Conduit to Lift Station Facilities
PCR Building and MCC
Generator, 250 KW /313 KVA
Above Ground Conduit for Lift Station Pumps
Power & Instrument Cables
Pump Control Panel
SCADA RTU & Programming
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8 -Inch Gate Valve & Box
8 -Inch, 90 Degree Bend
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2" x 3/4" Type K Copper Reducers
3/4" Gate Valve
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1'A -Inch Threaded Gate Valve
3/4 -Inch Above Ground Double Check Assembly Backflow Preventer
1%2 -Inch Threaded Plug
2" Type K Copper 90 Degree Bend
2" Waterline , Type K Copper
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3/4" Waterline, Type K Copper
Lift Station Area Landscaping
Litt Station Area Irrigation
18 -Inch Diameter PVC Wastewater Gravity Main Segments to Lift Station Wet Well
from Existing Wet Wells
TOTAL BASE BID (ITEMS A -1 THRU A-69)
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EXHIBIT "B"
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Austin Engineering Company, Inc.
P.O. Box 432349
Austin, Texas 78374 -2349
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Big State Excavation, Inc.
P.O. Box 260297
Corpus Christi, Texas 78426
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(Project No. 7117)
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ADDITIVE/DEDUCTIVE ALTERNATE NO. 1 Part B:
Inc. The system will be sized for those criteria shown on the PLANS and in
SPECIFICATION ITEM 113140. This item shall include all costs for design,
engineering, coordination with City's consultants, additional electrical facilities as
required, additional foundation and additional piping as required and all other
appurtenances required for a fully operational system, in accordance with the Plans
and Specifications, complete and in place per lump sum.
E'
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-173-
EXHIBIT "8" I
Paae 3 of 3
BUCKINGHAM ESTATES LIFT STATION UPGRADE
(PROJECT NO. 7117)
PROJECT BUDGET
July 15, 2008
FUNDS AVAILABLE:
ESTIMATED
BUDGET
'Wastewater CIP Fund
1 $ 3,340,060.00
FUNDS REQUIRED:
Construction Cost (Big State Excavation)
$ 1,880,406.00
Construction Contingencies
188,040.00
NE Consultants:
Coym, Rehmet & Gutierrez Engineering, L.P. & Urban Engineering
483,580.00
Construction Inspection
75,200.00
Testing Agreement (Rock Engineering & Testing Lab Inc.)
10,200.00
Land Acquisition
530,725.00
149,990.00
Engineering Reimbursements
Finance Reimbursements
18,800.00
Incidental Expenses (Printing, Advertising, etc.)
3,119.00
Total
$ 3,340,060.00
—1 7 4—
EXHIBIT "C"
Page 1 of 1
\ home \MajorProjects \couneilexhibits \exh 71 17. dwg
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PROJECT # 7117
LOCATION MAP
NOT TO SCALE
EXHIBIT "D"
BUCKINGHAM ESTATES LIFT
STATION UPGRADE175_
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
DATE: 06/11/2008
=NW NM
14
AGENDA MEMORANDUM
August 12, 2008
SUBJECT: Taxiway Rehabilitation, Taxiway Signage /Lighting and Drainage Phase VI
Improvements (Project No. 10019 & 10020)
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to execute a construction contract
with Haas Anderson Construction Ltd., of Corpus Christi, Texas in an amount not to
exceed $5,369,282.07 for the Corpus Christi International Airport Taxiway Rehabilitation,
Taxiway Signage /Lighting and Drainage Phase VI Improvements.
ISSUES:
Council must authorize the execution of the construction and engineering materials testing
contracts to proceed with the project.
FUNDING: Funding is available from FAA Grants and Airport Capital Improvement Funds
upon appropriation.
RECOMMENDATION: Approval of the motions as presented.
Fred Segun
Director of Aviation
ADDITIONAL SUPPORT MATERIAL
Exhibit A. Background Information
Exhibit A -1 Previous Actions
Exhibit B. Bid Tabulation
Exhibit C. Budget
Exhibit D. Location Map
Kevin Stowers
Interim Director of Engineering Services
Page 1 of 1
H AHOMEV(E VI NS\GEMAIR_ restored\ 20041mprovementsW aximillab &DrainageVaAwdeonstrMemo.doc
BACKGROUND INFORMATION
ADDITIONAL INFORMATION:
The proposed actions include construction contract award for the Taxiway
Rehabilitation, Taxiway Signage /Lighting and Drainage, Phase 6 Improvements.
PROJECT DESCRIPTION:
Base Bid - Taxiway — Rehabilitation consists of applying a coal tar sealer /rejuvenator
asphalt coating to all existing taxiway asphalt pavement (except at existing striping and
new resurface areas); asphalt milling and P401 asphalt resurfacing of Taxiway E and
segments of Taxiway B; repair of runway cracks by routing and sealing; replacing
taxiway pavement striping removed by repairs; add enhanced taxiway striping at runway
holding position markings, new taxiway signage and lighting and relocation /adjustment
of public and private utilities as required. This bid includes the Taxiway
Signage /Lighting project.
Additive Alternate No. 1 - Drainage Phase VI Construction of a new 6,912 If of
trapezoidal outfall channel at the Corpus Christi International Airport beginning on the
southwest side of Runway 13 -31 near an existing headwall structure, proceeding
southeast through airport property, cross outside the airport perimeter fence near FM
763 (Joe Mireur Road) and cross existing farm land to the outfall at Kelly Creek and
relocation /adjustment of public or private utilities as required.
BID INFORMATION:
The bid was structured as a base bid with one additive alternate. Three bids were
received, and publicly opened on Wednesday, May 23, 2008. The total of the base bid
and additive alternate No. 1 ranged between $5,369,282.07 and $6,049,143.41. See
Exhibit B. The low qualified bid was submitted by Haas Anderson Construction Ltd., of
Corpus Christi, Texas.
FUNDING: Funds are available from FAA Grants and Aviation Capital Reserve CIP
funds. The project budget is attached. See Exhibit C.
TIME OF COMPLETION: The contract provides for the work to be complete within 300
calendar days of notice to proceed.
BOARD /COMMITTEE REVIEW: The Airport Board has reviewed the item and
recommends approval.
HAHOME\KEVINS \GEMAIR_ restored \20041mprovements \Taxiwa Rehab &DrainageVlWwdeonstrBkgExhA.doc
—180—
Exhibit A
Page 1 of 1
PREVIOUS ACTIONS
PRIOR COUNCIL ACTIONS:
July 10, 2007 — Motion authorizing the City Manager, or his designee, to execute
Amendment No. 11 to the engineering services contract with Pierce, Goodwin,
Alexander and Linville (PGAL), Inc. of Dallas, Texas in an amount not to exceed
$327,000 for the Corpus Christi International Airport Airfield Drainage Phase VI and
Taxiway Rehabilitation, Signage and Lighting Improvement Projects. (M2007 -176).
May 13, 2008 — Resolution to Authorize the City Manager or Designee to Execute a
Multiple Use Agreement with Texas Department of Transportation (TXDOT) for a
Drainage Culvert on FM 763 (Joe Miruer Road) Associated with Corpus Christi
International Airport (CCIA) Taxiway Rehabilitation and Drainage Phase VI Projects.
(Resolution No. 027691)
July 8, 2008 —
a. Ordinance appropriating $2,234,346.00 from the Federal Aviation Administration
Grant No. 3- 48- 0051 -40 -2008 in the No. 3020 Airport Capital Improvement Fund to
Rehabilitate Taxiway Systems Phase II; Modify Aircraft Rescue & Firefighting
Building, Phase 1; Construct Perimeter Service Road, Phase I; and Construct
Equipment Maintenance Building, Phase I at Corpus Christi International Airport;
amending Fy2008 Capital Budget Adopted by Ordinance No. 027546 to increase
appropriations by $2,234,346.00; and declaring an emergency. (Ord. No. 027747)
b. Ordinance appropriating $2,500,000.00 from the Federal Aviation Administration
Grant No. 3- 48- 0051 -41 -2008 in the No. 3020 Airport Capital Improvement Fund to
Improve Airport Drainage, Area VI, Phase II at Corpus Christi International Airport;
amending Fy2008 Capital Budget Adopted by Ordinance No. 027546 to increase
appropriations by $2,500,000.00; and declaring an emergency. (Ord. No. 027748)
c. Ordinance appropriating $2,800,000.00 from the Federal Aviation Administration
Grant No. 3- 48- 0051 -42 -2008 in the No. 3020 Airport Capital Improvement Fund to
Rehabilitate Taxiway Systems Phase II at Corpus Christi International Airport;
amending Fy2008 Capital Budget Adopted by Ordinance No. 027546 to increase
appropriations by $2,800,000.00; and declaring an emergency. (Ord. No. 027749)
d. Ordinance transferring $600,100.00 from Airport Capital Reserve Fund 4611 and
appropriating $600,000.00 into the Airport CIP Fund — Capital Reserve Fund 3020A
to Rehabilitate Taxiway Systems Phase II; Modify Aircraft Rescue & Firefighting
Building, Phase 1; Construct Perimeter Service Road, Phase I; and Construct
Equipment Maintenance Building, Phase I at Corpus Christi International Airport;
amending Fy2008 Capital Budget Adopted by Ordinance No. 027546 to increase
appropriations by $600,000.00; and declaring an emergency. (Ord. No. 027750)
PRIOR ADMINISTRATIVE ACTIONS:
July 19, 2007 — Administrative award of a geotechnical contract to PSI of Corpus
Christi, Texas in the amount of $3,150.00 for the Corpus Christi International Airport
Taxiway Rehabilitation, Taxiway Signage /Lighting and Drainage Phase VI
Improvements projects.
Exhibit A -1
Page 1 of 2
HAHOME\KEVINS \GENW IR_ restored\ 20041mprovements\ Taxiwygerb& DrainageVI\ 4wdeonsirPriorActionsExhA -1.doc
In Process — Administrative award of an engineering materials inspection, testing and
laboratory services contract with Professional Services Industries, Inc. (PSI) of Corpus
Christi, Texas in an amount not to exceed $40,673.00 for the Corpus Christi
International Airport Taxiway Rehabilitation, Taxiway Signage /Lighting and Drainage
Phase VI Improvements
Exhibit A -1
Page 2 of 2
H A HOMEWEVINS \GENtAIR_restored\20041 mprovements \TaxiwayReha b& DrainageVI \4wdConstrPriorActionsExhA• 1.doc
—182—
-183-
Salinas Construction
J Technologies Ltd.
3734 FM 3006
Pleasanton, TX 78064
830 - 281-3500
AMOUNT
I $ 2,569.502.72
$ 3.870,432.78
$ 6,439,935.50
TOTAL I
$6,518,013
300 Calendar Days
ALT 1
$4,035,152
Berry Contractors LP DBA
Bay Ltd.
PO Box 9908
I Corpus Christi, TX 78469
361- 299 -3720
AMOUNT
$ 1,951,145.91
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TIME OF COMPLETION:
ENGINEER'S ESTIMATE:
HAAS ANDERSON
Construction Ltd.
PO Box 7672
Tisti, TX 78417
453-2535
AMOUNT
$ 1,986,719.82
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CCIA TAXIWAY REHABILITATION, TAXIWAY SIGNAGEILIGHTING AND
AIRFIELD DRAINAGE PHASE VI
10019, 10020, 10021 (AP -127)
221.0731.00
Michael R. Lawrence, P.E., Senior Associate -PGAL
Tuesday May 27, 2008
BID QUANTITIES
DESCRIPTION
SUBTOTAL BASE BID
[SUBTOTAL ADDITIVE BID ALTERNATE NO. 1
TOTAL BID:
Project:
CC PROJ NO.
PGAL PROJ NO.
TABULATED BY:
IDATE PREPARED:
-183-
—184—
Salinas Construction
Technologies Ltd
3734 FM 3006
Pleasanton TX 78064
281-3500
9.730.00
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$ 61.077 94
$ 26,000.00
$ 2600000
65,079.00
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$ 7.500.00
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$ 63 322.00
$ 52259.20
$ 656,408.21
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$ 34.708.80
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Tuesday May 27, 2008
Friday May 23, 2008, 2:00 PM
BID QUANTITIES
DESCRIPTION
Furnish and Install Lighted Cones
Install Lighted Cones (Furnished by Airport)
Install Multi- Barrier Barricades (Furnished by Airport)
Furnish and Install Multi-Barrier Barricades
Mobilization (Taxiway Rehabilitation)
Haul Roads /Construction Exits
Remove Taxiway Markings (All Types and Colors)
,Cold Planing Asphalt Pavement (0 -4 ") (Stockpile on Site)
'Bituminous Surface Course (4 ") (Two (2) - T' IMs)
:Bituminous Tack Coat (0.1 Gal /SY)
:Joint/Crack Routing and Cleaning
Joint Sealing Filler
Taxiway Painting (Yellow) (Reflective)
Taxiway Painting (Black) (Non - reflective)
Taxiway Painting (Red) (Reflective)
Taxiway Painting (White) (Reflective)
Temporary Airfield Lighting/ Signage/Navigational Facilities.
uemollon And Proper Disposal UT All Equipment As Noted And Tuming
Over All Designated Equipment To Maintenance Staff
Demolition and Proper Disposal of existing MALSR Cables, Counterpoise.
Ducts 8 Base Cans
1/C L- 824 -Type C Unshielded #8 AWG 5KG Copper Cable
1/C #6 AWG BSD or BHD or TW Bare Copper Counterpoise
0.75" (19 mm) Dia. By 10' (3M) Long Copperclad Steel Sectional Ground
1/C #6, TIN Bare Counterpoise
Lb -PAIR Ala AWG ARM came Installed In uuct. connect at New Mannoles
complete with Splice Kits
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PGAL PROJ NO.
!TABULATED BY:
DATE PREPARED:
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1W x 3" Sch 40 PVC Ducts Installed Under Propposed Channel
Pre -Cast Concrete Electrical Manhole (4' x 5' x 3'1
L-858 Airfield Guidance Sign, Single Face - 1 Module Installed On Existing
Concrete Base
'L -858 Airfield Guidance Sign, Single Face - 2 Module, Installed On Existing
Concrete Base
L -858 Airfield Guidance Sign, Double Face - 2 Module. Installed On Existing
Concrete Base
L-858
Airfield Guidance Sign, Single Face - 3 Module, Installed On Existing
Concrete Base
IL-858 Airfield Guidance Sign, Double Face - 3 Module, Installed On Existing
Comets Rase
Airfield Guidance Sign, Single Face - 4 Module. Installed On Existing
Concrete Rase
L -858 Airfield Guidance Sign, Double Face - 4 Module, Installed On Existing
Cnnrrete Base
L -858 Airfield Guidance Sign, Single Face - 5 Module, Installed On Existing
Concrete Base
L -858 Airfield Guidance Sign, Double Face - 5 Module. Installed On Existing
Concrete Base
Coal -Tar Sealer
Allowance for Taxiway Base Repairs to limas to be determined during
ronsWOtion
Allowance for adjustment/relocation of NUSTAR Pipeline at MD -1 STA
41 +20 done by NUSTAR Contractor or modifications to Drainage Design to
support pipeline in place
411nwnnen Fnr Pre - Construction Exploratory Borings .
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$ 264,531.25
$ 34,408.00
$ 5.844.00
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$ 384,744.00
$ 34,718.75
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AIRFIELD DRAINAGE PHASE VI
10019, 10020, 10021 (AP -127)
221.0731.00
Michael R. Lawrence, P.E., Senior Assoclate -PGAL
Tuesday May 27, 2008
Friday May 23, 2008, 2:00 PM
BID OUAN rats
DESCRIPTION
Mobilization (Phase VI Drainage)
Haul Roads/Construction Exits
Remove Chain Link Fence and Foundations
Remove Conc. Headwall Structure (5-65x43" CMPA)
Remove 65 "x43" CMPA Culvert, Badcfill Area to new Grade
Grout Fill and Abandon 65 "x43" CMPA Culvert 'Remove ARV Assembly and Manhole
(Remove 4" Sanitary Force Main
Remove Asphalt Pavement and Base (FM 763 and Perimeter Road) (Appx 8 ")
Cold Planing Asphalt Pavement (0 -2 ") (Joe Mireur Road) (Recycle into Haul
Roads)
Cold Planing Asphalt Pavement (0-2 ") (Perimeter Road) (Recycle Into Haul
Roads)
Drainage Excavation (Dispose of 08 -Site)
Drainage Excavation (Stockpile On-Site)
Embankment in Place (from Stockpile)
Temporary Sill Fence
Temporary Rock Filler Dam
Chain -Link Fence (B) (w/ Barb W re)
TY H Area Inlet (Backslope Interceptor Structure)
24" RCP (HS -20) (Backslope Drain)
9' x 6' Precast Reinforced Concrete Box (ASTM C 1433) (HS -20 Rated)
Concrete Wingwall with Straight Wngwalis (4:1) (SW -0)
Safety End Treatment with Straight Wings (6:1) (SETB -SW -O)
Reinforced Concrete Slope Paving (5 ")
Seeding
Sodding 1
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Flexible Base (TY A) (GR 1)
(Prime Coat (0.25 Gal/SY)
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AIRFIELD DRAINAGE PHASE VI
yours, 1uuzu, loon (AP -1211
221.0731.00
Michael R. Lawrence, P.E., Senior Assoclate -PGAL
Tuesday May 27, 2008
Friday May 23, 2008, 2:00 PM
BID QUANTITIES
DESCRIPTION
2" ARV Assembly and Manhole
Trendy safety for Excavations (Force Main)
4" PVC Force Mein (Restrained Joint Pipe and Fittings)
Security Grates for 9x5 RCB
Allowance for Testing, Capping and Possible Abandonment of Unclaimed
Pipelines crossing MD -1. Coordinate Relocation if Claimed
Allowance for Adjustment of COPANO Pipeline at M0 -1 STA 16 +00 by COPANO
contractor or modifications to pipeline or draiange design to support pipeline in
place
Allowance for ad)ustmenuab and
onmenl of NUSTAR Pipeline at MD -1 STA 34 +50
done by NUSTAR Contractor
'"
llowance for adusimenurelocation of Time blamer fiber optic cable at MD -1
STA 40 +40 done by Time Wamer Contractor or modifications to drainage design
to support cable in place
Allowance for adustmenwrelocation of probable Petroleum Pipeline at MD -1 STA
72+67 done by pipeline owner's contractor or modifications to Drainage Desion to
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PGAL PROD NO.
TABULATED BY:
DATE PREPARED:
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—187—
Taxiway Rehabilitation, Taxiway Signage /Lighting and Drainage Phase VI
Improvements (Project No. 10019 & 10020)
Preliminary Project Budget
August 12, 2008
FUNDS AVAILABLE:
Aviation CIP FAA Grant Funds $6,113,349.84
Airport Capital Reserve CIP Fund $ 321,755.25
Total $6,435,105.09
FUNDS REQUIRED:
Construction Contract $5,369,282.09
Project Contingency (10.5 %) $ 540,000.00
QA/QC Testing Contract $ 40,673.00
Engineering Design $ 327,000.00
Geotechnical Investigation $ 3,150.00
Construction Inspection (2 %) $ 107,000.00
Survey (in A/E contract) $ -0-
Engineering Project Liaison $ 20,000.00
Incidental Expenses (Printing, Advertising, etc.) $ 28,000.00
TOTAL $6,435,105.09
EXHIBIT "C"
Page 1 of 1
H:\HOME\KEVINS \GENAIR restored\ 20041mprovements\ TaxiwayRehab& DrainageVMwdConstrBudgetExhC .doc
—188—
File : \ Mproject\ councilexhibits \exh10019,10020.dwg
San Patricia County
RPoER
F.Y. 624
z
CORPUS
PROJECT LOCATION
1000 INTERNATIONAL DRIVE
CORPUS CHRISTI, TEXAS
YcagN RO.
LOCATION MAP
NOT TO SCALE
CESAR CHAVEZ BLVD.
HWY 44
AGNES RD.
CITY PROJECT No. 10019, 10020
SITE PLAN
NOT TO SCALE
N
1
TAXIWAYS
m
EXHIBIT "D"
TAXIWAY REHABILITATION, TAXIWAY SIGN -
AGE/LIGHTING AND DRAINAGE PHASE VI
IMPROVEMENTS -189-
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
DATE: 08 -04 -2008
EMS
15
AGENDA MEMORANDUM
August 12, 2008
SUBJECT: American Bank Center — Chiller System Upgrade /Replacement (Project
No. 4368)
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to execute an engineering services
contract with Bath Engineering Group, Inc., of Corpus Christi, Texas in an amount not to
exceed $267,990.00 for the American Bank Center Chiller System Upgrade /Replacement
project.
ISSUES:
The existing chillers located in the Convention Center are the original units installed at the
time the Convention Center was constructed. They are approaching the end of their
service life and must be replaced.
FUNDING: Funding is available from the 2008 CIP Fund (Tax Notes).
RECOMMENDATION: Approval of the motions as presented.
Kevis 0�4/
towers
Interim Director of Engineering Services
ADDITIONAL SUPPORT MATERIAL
Exhibit A. Background Information
Exhibit B. Contract Summary
Exhibit C. Location Map
H: HOMEU(EVINS \GEN \CONVCTR \CHILLER \Chillers08\AEMerTdpp -
Page 1 of 1
BACKGROUND INFORMATION
PROJECT DESCRIPTION:
The contract provides for the necessary services to prepare plans, specifications, bid
and contract documents for the upgrade and replacement of the existing chillers and
HVAC system. The work will include piping modifications, electrical and control
systems, and schemes for a variable flow system to save energy by reducing the
electrical demand to the existing pumping system. A contract summary is attached.
(See Exhibit B).
ADDITIONAL INFORMATION:
The American Bank Center has two central plants for the complex. A new central plant
was constructed to provide cooling for the Arena and Convention Center expansion in
2006. The original Convention Center operates from a central plant that uses 3 -400 ton
McQuay chillers. Two chillers were installed at the time the Convention Center was
built and one was added shortly thereafter when the Selena Auditorium was built.
These chillers also provide cooling for the Thermal Energy Storage System that
provides cooling for the Museum of Science and History, part of the South Texas
Institute of Art (Phillip Johnson building), and a portion of the Harbor Playhouse.
The Chillers were overhauled and converted from Freon to C -134a refrigerant in 1995.
Overhauls typically extend the reliable service life of chillers 12 to 15 years. The
Convention Center requires all three units to be operational during peak cooling months.
The Thermal Energy Storage System will allow the complex to maintain temperatures a
maximum of 3 to 5 days if only one chiller unit is out of service.
The Center also has fourteen air handlers that are in need of replacement that will be
addressed through this project. Rooftop cooling towers will also be replaced. Energy
efficiency will be addressed by improvement of the variable flow devices (vfd) on
pumps, improved piping configurations, improved BTU meters, and digital controls with
operator interfaces and stand alone capability.
It is anticipated that the project will result in participation by AEP through their incentive
program for energy reduction.
FUNDING: Funds are available from the 2008 CIP Fund Tax Notes issued by Council.
Exhibit A
Page 1 of 1
H: \HOME\KEVINS \GEN \CONVCTR\ CHILLER \ChillersO8W EBIsgExbA.doc
American Bank Convention Center Chiller Replacement - Project 4368
CONTRACT FOR ARCHITECTURAL/ENGINEERING SERVICES
SCOPE OF SERVICES
The Consultant's services will include basic research, documentation and design necessary for the
preparation of plans and specifications required for the:
1. replacement of the existing chillers that supply chilled water to the American Bank
Convention Center and Bayfront Arts and Sciences Park Thermal Energy Storage System
including piping modifications, electrical and control systems, and schemes for a variable
flow system to save energy by reducing the electrical demand to the existing pumping
system by:
• The project scope will include upgrade of the existing Central Plant at the American
Bank Plaza to reduce the amount energy being consumed by:
• Replacing the chillers and pump systems (as required) in the central plant
• Replacing the exiting cooling towers associated with the existing chillers and
correcting any roofing problems in the cooling tower enclosure
• Replacing the roof top air handlers and correct roofing problems
• Replacing the existing HVAC control system with a digital control system. The new
system will control the central plant and the new and existing air handlers units on
the roof of the American Bank Plaza. The City also desires to include the Selena
Auditorium in the replacement of the control system, however, it should be listed as
an additive alternate to the bid package.
2. Increase reliability and reduce maintenance cost of the mechanical systems at the
Plaza.
3. Provide adequate redundant capacity which leaves the central plant with adequate
capacity in the event of a chiller system failure and which allows maintenance staff to
take a chiller system out of service for repairs and / or routine maintenance.
4. Acquire accurate data for billing purposes for the tenants served by the American Bank
Plaza central plant by installing new highly accurate BTU meters at each building
served by the central plant and developing a method for electric utility cost
reconciliation.
5. Maximize possible rebates from AEP by producing documents for the utility company
required for rebate program participation.
6. Establish anticipated construction cost and determine system payback by:
• Producing construction documents that can be used for cost estimating purposes
and to produce an accurate cost estimate before construction
• Producing an energy analysis comparing the exiting system to the proposed system
and electrical cost saving to calculate a simple payback
The Consultants services will include the necessary engineering services to complete the following tasks:
AMERICAN BANK PLAZA HVAC UPGRADE STUDY
Consultant will:
• analyze existing American Bank Plaza Central Plant and the existing buildings it serves;
• analyze affects of the new mechanical equipment on the electrical, plumbing, structural and
architectural systems; and
• provide an opinion of probable cost for the upgrade.
CENTRAL PLANT UPGRADE
The Consultant will provide engineering services necessary to replace chillers and cooling towers
as follows:
Chillers: replace the chilled water generators at the American Bank Plaza central plant. The chillers
shall be centrifugal type with rating that exceeds AHRAE 90.1 -2004. Chiller load shall be determined
by the A/E and all calculations shall be submitted for review. The A/E shall measure the exiting chiller
-195- I Exhibit B
energy usage and estimate the new chillers electrical usage. This usage shall be used to produce an
Energy Analysis to be produced by the A/E and submitted to the City.
Cooling Towers: replace the exiting cooling towers with cooling towers sized for the new system.
Cooling towers are to include variable speed fans, control, and be of stainless steel construction.
Condenser water system is to include new pumps, chemical treatment, and solids separator.
AIR HANDLER REPLACEMENT
The Consultant will provide engineering services resulting in replacement of air handlers as follows:
Air handlers: Design the replacement of the following air handlers: AHU -1, AHU -3, AHU -4A, AHU -5,
AHU -7, AHU -8, AHU -9, AHU -10, AHU -11, AHU -19, AHU -20, AHU -21, AHU -27 and AHU -28 at the
Convention Center. Design the removal and replacement of the multi -zone units with variable air
volume units (VAV) with fan powered terminal units. Design to include new 18" roof curbs and roofing
repair.
DIGITAL CONTROLS
The Consultant will provide engineering services to: Replace the existing Honeywell control system
with a new digital control system with 2 operator interfaces. One operator interface shall be located in
the administration area and one interface shall be located in the central plant office. The new controls
system design will be for a new stand alone control system. A/E is to present the control package in
the construction drawings with control drawings that convey the control strategies and minimum point
list.
TEMPORARY SYSTEMS
The Consultant will: Design a system of piping or network of piping that allows the central plant at the
American Bank Center to be hydraulically connected to the American Bank Plaza's central plant. The
connection should allow for one central plant to supply chilled water to all buildings and designed to be
used when the exiting central plant is being upgraded such that the entire complex will be supplied,
without interruption due to construction efforts, chilled water during the construction process.
CONSTRUCTION COST ESTIMATE
The Consultant will: Provide a construction cost estimate of the anticipated construction cost.
ENERGY ANALYSIS AND SIMPLE PAYBACK
The Consultant will: Provide an energy analysis of the entire working central plant, controls, and air
handlers to determine the project pay -back period based on measured operational data from the
exiting system, calculate future equipment operation data, and use existing utility invoices as data for
the calculations.
1. Preliminary Phase - The Consultant will:
a. Confirm, evaluate, and field- verify existing site conditions. City will provide record information and
data as available from City Engineering files.
b. Meet as needed with City staff and other Agencies to define the project concept and identify any
permitting.
c. Assimilate all review comments, modifications, additions /deletions and proceed to next phase.
2. Design Phase — The Consultant will:
a. Develop and submit for review a 65% complete set of plans, with layout of the plans in the City of
Corpus Christi's preferred format.
• Furnish the desired quantity of plan sets to the City of Corpus Christi for review and
comment. Cost of reproduction services shall be assumed by the City as part of the
authorized fee.
• Develop and submit an opinion of probable construction cost for the project improvements.
• Assimilate all review comments, modifications, additions /deletions and proceed to next
phase, upon Notice to Proceed.
-196- I ExhibitB
b. Complete and submit a 100% complete set of construction drawings, plans, details, contract
documents, technical specifications, and bid documents in accordance with the City of Corpus
Christi's preferred standard format.
• Provide the marked -up 65% review set so the City may determine that the comments were
incorporated into the 100% set.
• Provide the final opinion of probable construction cost.
• Furnish the City with both a reproducible set of plans with specifications and bid documents
for the bidding process, as well as the full documents in electronic format.
3. Bid Phase — The Consultant will:
a. attend on- site(s) pre -bid conference noting inconsistencies (if any) in the bid documents;
b. prepare for the City Engineer any addenda necessary to inform contractors of other revisions to the bid
documents identified prior to bidding. Addenda will be prepared by Consultant and reproduced and
distributed by the City Engineer;
c. assist the City Engineer in securing bids, analyze bids, prepare a bid tabulation, and make a written
recommendation concerning award of the contract; and
d. in the event the bid received by the lowest responsible bidder exceeds the established project budget
for construction, the Consultant will, at his /her expense, confer with City Engineer and make revisions
as necessary and satisfactory to the City Engineer to permit the re- advertising of the project for bids.
4. Construction Phase — The Consultant will:
a. attend and assist the City Engineer with a pre- construction meeting between the contractor, City
Engineer, and other interested parties;
b. review and check for approval, materials and other submittals customarily provided by the Contractor
or required by contract documents during the course of construction by the contractor and ensure that
two field copies and one record of submittal data is provided to the City Engineer;
c. provide interpretations and clarifications of the plans and specifications for the contractor and
authorize minor changes which do not affect the contractor's price or the duration of the construction
contract, and are not contrary to the general interest of the City under the contract;
d. review and evaluate any change order proposals that may be necessary during the progress of the
work including a recommendation to accept or reject;
e. consult with the City Engineer and advise during construction and confer with City staff and other
governmental authorities as needed;
f. make necessary visits to the site(s) of the project, work in cooperation with the City Engineer and
contractor to observe the general progress and quality of work, and determine, in general, if the work is
being done in accordance with the contract documents and in accordance with the quantities of work
represented in current contractor requests for payment. Site visits will include minimum inspections to
ensure compliance with contract documents. Consultant site visits will not constitute or be confused
with a resident inspection or continuous monitoring of the progress of construction.
g. travel in Corpus Christi, and its environs, as necessary for accomplishment of services under this
contract
5. Record Drawings - The consultant will review the Contractor's field set of construction
drawings and specifications. On the basis of "red -line" drawings and marked -up specifications provided by
Contractor, and based upon known deviations, change orders, mark -ups, and changes reported by the
City project inspector, the Consultant shall prepare "as- built" record drawings and specifications of the
project as constructed and deliver to the City Engineer a reproducible set and electronic file (AutoCAD r.14
or later) of the record drawings and a marked up set of specifications.
6. POST - CONSTRUCTION SERVICES - The Consultant will:
a. conduct a preliminary inspection and prepare a punch list of items for correction, repair or installation
by the contractor to be delivered to the City Engineer and contractor prior to final inspection;
b. conduct a final inspection with the City representative and contractor which shall include a
familiarization walk- through with City personnel (if applicable) of mechanical and control systems,
emergency procedures, and maintenance procedures;
c. review of the following materials submitted by the contractor for completeness: operation manuals,
maintenance manuals, technical information, approved submittal sheets, parts lists, manufacturer
maintenance guaranties and warranties and /or other guaranties or warranties and forward the material
to the City's designated representative for copying, collating, and distribution; and
—197— 1 Exhibits 1
d. assist the City Engineer in completion of the final Certificate of Occupancy if required by the Building
Official.
7. ADDITIONAL SERVICES — The Consultant. will provide such additional services as directed by the
City Engineer. If such additional services require an increase in the authorized fee, the additional
services will be evidenced in writing as an amendment to this contract. Additional services authorized
by the contract include:
AEP REBATE - The Consultant will:
Work with the local reprehensive of AEP and identify any rebates that may be available for this
project and compile all documents as required for the City's participation in the program. The City
will pay all fees associated with the program application. After construction, work with and assist
with the measurement and verification of the energy savings and respond to AEP on the final
rebate amount (if any). Task will include AEP documentation as required upon acceptance into
the rebate program.
BTU METERING - The Consultant will:
Design a system capable of measuring BTUs supplied by the central plant to all buildings
connected to the central plant. Develop a spreadsheet to be used with the exiting electric utility
invoice for billing purposes for the tenants served by the American Bank Plaza central plant.
Attend meetings to review the invoicing of the tenants with the tenants to explain the new invoicing
process.
1I1. FEES AUTHORIZED
The City will pay the Consultant a total not to exceed fee of $267,990.00. This fee will be full and total
compensation for all services provided and expenses incurred in performing the tasks specified as basic,
construction, and post- construction phase services specified in Section 11.
Summ
11.1
Preliminary Phase:
$18,290.00
11.2
Design Phase:
$172,440.00
11.3
Bid Phase:
2,400.00
11.4
Construction Phase:
$42,960.00
11. 5
Record Drawings
$2,400.00
11. 6
Post Construction Services
$1,200.00
11. 7
Additional Services
$28,300.00
TOTAL FEE
$267,990.00
-198- Exhibit B 1
File : \ Mproject \councilexhibits \exh4368.dwg
HARBOR BRIDGE
CITY PROJECT No. 4368
VICINITY MAP
NOT TO SCALE
AMERICAN BANK CENTER - CHILLER
SYSTEM UPGRADE/REPLACEMENT
-199-
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
DATE: 08-04-2008
16
AGENDA MEMORANDUM
City Council Action Date: August 12, 2008
SUBJECT: Oak Park Recreation Center Renovations (Project No. 3345)
Oso Recreation Center Renovations (Project No. 3346)
Joe Garza Pool Renovations (3343)
BOND ISSUE 2004
AGENDA ITEM:
A. Motion authorizing the City Manager, or his designee, to execute a Job Order Contract with Nuway
International, Inc. of Corpus Christi, Texas, in the amount of $89,029.05 for Oak Park Recreation
Center Renovations BOND ISSUE 2004.
B. Motion authorizing the City Manager, or his designee, to execute a Job Order Contract with Nuway
International, Inc. of Corpus Christi, Texas, in the amount of $154,752.34 for Oso Recreation Center
Renovations BOND ISSUE 2004.
C. Motion authorizing the City Manager, or his designee, to execute a Job Order Contract with Nuway
International, Inc. of Corpus Christi, Texas, in the amount of $52,436.69 for Joe Garza Pool
Renovations BOND ISSUE 2004.
ISSUE: This project is necessary to address the necessary repairs to the recreation centers and will include
parking lot improvements, improved playground areas, shade structures, roof repairs and continue efforts to
make all facilities Americans with Disabilities Act (ADA) accessible.
The work is proposed under a Job Order Contract with Nuway International Inc. The proposed project was
approved November 2, 2004 in the Bond Issue 2004 Package, under Proposition No. 4 Park and Recreation
Improvements. The project is now ready to begin construction; and requires City Council approval.
FUNDING: Funds for this project are available from the CIP Parks and Recreation Fund.
RECO MENDATION: Staff recommends approval of the motion as presented.
ally Gavl'',
Director .r�Parks and Recreation
Additional Support Material:
Exhibit "A" Background Information
Exhibit "B" Prior Actions
Exhibit "C" Scope of Work and Costs
Exhibit "D" Location Map
-203-
elAVe6
Kevin R. Stowers,
Interim Director of Engineering Services
BACKGROUND INFORMATION
SUBJECT: Oak Park Recreation Center Renovations (Project No. 3345)
Oso Recreation Center Renovations (Project No. 3346)
Joe Garza Pool Renovations (3343)
BOND ISSUE 2004
PROJECT DESCRIPTION: The project will provide improvements to Recreations Centers
including modification of existing roofs, and accessible parking and access route to
buildings, and other minor modifications to the following:
1. Oak Park Recreation Center 842 Erwin Avenue
2. Oso Recreation Center 1111 Bernice Drive
3. Joe Garza Pool 3204 Highland Avenue
The work includes demolition, concrete, masonry, metals, thermal and moisture protection,
openings, finishes, specialties, equipment, plumbing, heating, ventilating, and air
conditioning (HVAC), electrical, earthwork, and exterior improvements.
CONSTRUCTION SCHEDULE: The project will be completed as follows:
1. Oak Park Recreation Center 140 days from notice to proceed
2. Oso Recreation Center 140 days from notice to proceed
3. Joe Garza Pool 70 days from notice to proceed
METHOD OF CONSTRUCTION: Job Order Contracting (JOC) is an innovative contracting
technique created for facilities maintenance and construction- related services to assist with
obtaining greater contractor performance in relation to smaller projects on a cost - effective
and timely basis. The JOC Program utilizes an "on -call" general construction contractor on
an as- needed basis for an Indefinite Quantity Contract to perform minor construction,
repair, rehabilitation or alteration of facilities.
Job Order Contracting streamlines the construction procurement process by establishing
an overriding indefinite delivery and indefinite quantity agreement with purchase or delivery
orders based on specific projects as needed. This process is extremely flexible, allowing
scope and cost to be accurately detailed BEFORE award. The following are important
benefits of using this contract method:
➢ Allows a better defined scope with cost for the customer.
➢ Construction contract award can be accomplished in less than one month,
significantly shortening the procurement time.
H: USERS2W OMENELMAPIGEMPARKS & REC43345NGENDA BACKGRQUJ2 004—
EXHIBIT "A"
Page 1 of 2
> Each delivery order is a stand -alone contract. Future awards will be based
specifically on the contractor's performance and the needs of the City of Corpus
Christi.
> Change Orders are minimized. The approved contractor will specifically conduct
detailed site visits and discussions with City Staff to review the requirements, work
conditions, and facility condition prior to submitting a proposal. This will significantly
reduce and /or eliminate unforeseen conditions and excessive cost growth.
On January 3, 2007, the City of Corpus Christi issued an RFP (2007 -01) for JOC
contractors. This enabled the City of Corpus Christi to more effectively target local
contractors, including minority /minority business enterprises and HUB contractors. It also
avoided the pass- through fees associated with the Texas Cooperative Partnering Network
TCPN.
Six contractors submitted proposals; however, one proposal was received late and was
returned unopened. After evaluation by staff and the selection committee, it was
recommended to pursue JOC contracts with two contractors:
1. Alpha Building Corporation, 6300 Ocean Drive, Corpus Christi, Texas, 78412
2. Nuway International Inc., 2621 Holly Road, Corpus Christi, Texas, 78415
The first project to utilize the services of Alpha Building Corporation under the JOC format
was the project to renovate the Joe Garza Recreation Center, a Bond Issue 2004 and
CDBG- funded project which was approved by the City Council on April 10, 2007.
As of March 2008, a combined total of 53 delivery orders (contracts) have been issued to
Alpha Building Corporation and Nuway International totaling approximately $2,573,769.
This request for proposals was competed for a three -year period to be renewed each year
based on the successful performance of the contractors. To date the process has proven
quite successful and is entering the second year at its anniversary in April 2008.
A similar contracting technique was approved by the City Council in September 2005 under
the TCPN. Fire Station No. 13 and Kiwanis Softball Field Improvements (both Bond 2004
projects) were successfully completed under the TCPN JOC. The TCPN utilized Centennial
Contractor Enterprise, Inc. of San Antonio.
H: \USERS2\HOMENELMAP\GEN PARKS 41 REC\3345NGENDA BACKGROUND2 0 5-
EXHIBIT "A"
Page 2 of 2
IEXHIBIT "B" I
Page 1 of 2
PROR PROJECT ACTIONS
SUBJECT: Oak Park Recreation Center Renovations (Project No. 3345)
Oso Recreation Center Renovations (Project No. 3346)
Joe Garza Pool Renovations (3343)
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 resident homesteads of persons 65 years of age or older or disabled persons
and eligible spouses; and adoption of seven amendment to the Charter of the City
of Corpus Christi (Ordinance No. 026022).
3. December 13, 2005 - Motion authorizing the City Manager, or his designee, to
execute Amendment No. 1 to the Contract For Professional Services with
Roots /Foster Associates Inc. of Corpus Christi, Texas, in the amount of $150,385
for a total re- stated fee of $158,710 for the Renovation of Senior and Recreation
Facilities City -Wide. (Bond Issue 2004) (Motion No. M2005 -410)
• Renovations and Maintenance Improvements to Facilities:
o Lindale Recreation Center
o Joe Garza Recreation Center
o Oak Park Recreation Center
o Oso Recreation Center
o T.C. Ayers Recreation Center
o Ethel Eyerly Community Center
o Northwest Senior Center
• Parking Lot Improvements:
o Oveai Williams Senior Center
o Lindale Senior Center
o Greenwood Senior Center
o Zavala Senior Center
o Heritage Park Facility
• ADA Compliance, Maintenance Improvements and
Enhancements:
o Collier Pool
o Greenwood Pool
o H.E.B. Pool
o Joe Garza Pool
o Oso Pool
o Parker Pool
o Violet Pool
o T.C. Ayers Pool
o West Guth Pool
—206—
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 30, 2005 — Executed Small A/E Agreement with Roots Foster Associates in
the amount of $8,325 for the Senior and Recreation Facilities Renovation Bond
Issue 2004 Projects.
5. July 28, 2006 - Executed Amendment No. 2 to the Contract For Professional
Services with Roots Foster Associates in the amount of $0 for the Senior and
Recreation Facilities Renovation Bond Issue 2004 Projects.
—207—
EXHIBIT "B"
Page 2 of 2
IEXHIBIT "C" I
Page 1 of 3
SCOPE OF WORK AND COSTS
SUBJECT: Oak Park Recreation Center Renovations (Project No. 3345)
Oso Recreation Center Renovations (Project No. 3346)
Joe Garza Pool Renovations (3343)
BOND ISSUE 2004
Oak Park Recreation Center Renovations
Repair and seal coat on parking area. Bring the parking lot to ADA parking compliance.
Repair existing lapped roll roof system and clearstory sheathed walls to prepare for the
epoxy flex roof system. Provide epoxy flex roof system on the entire Recreation Center
facility roof and clearstory walls. Provide a complete rain gutter system to the center.
Demolish two walls and create a covered breezeway between the main recreation center
and the storage building with lighting and an additional receptacle. Replace two door entry
systems with new doors and hardware. Secure the window openings in the breezeway.
OAK PARK RECREATION CENTER
(Nuway Internationa
RENOVATIONS
, Inc.)
General Requirements
$7,854.00
Existing Conditions
7,715.50
Concrete
581.26
Masonry
660.00
Wood, Plastics, Composites
4,684.26
Thermal and Moisture Protection
40,062.98
Openings
7,151.40
Finishes
1,146.60
Specialties
365.00
Special Construction
10,685.20
Plumbing
290.00
Heating, Ventilating, Air Conditioning (HVAC)
283.50
Electrical
437.50
Earthwork
3,638.12
Exterior Improvements
6,065.49
Total
91,620.81
RSMeans Corpus Christi, TX ( -22 %)
(20,156.58)
Corpus Christi JOC Coefficient (18 %)
12,863.56
Permit (3 %)
2,529.83
Bond (2.5 %)
2,171.43
Grand Total
$89,029.05
—208—
Oso Recreation Center Renovations
Pre - engineered basketball pavilion with lighting and rainwater collection gutter systems.
Place a new outside drinking water fountain at the entry way.
OSO RECREATION CENTER RENOVATIONS
(Nuway Internationa , Inc.)
General Requirements
$8,855.00
Existing Conditions
735.00
Concrete
9,808.86
Masonry
1,485.00
Metals
108.00
Thermal and Moisture Protection
781.96
Equipment
11,891.60
Special Construction
86,498.40
Plumbing
4,815.48
Electrical
12,475.53
Earthwork
17,741.51
Exterior Improvements
3,686.00
Utilities
375.00
Total
159,257.34
RSMeans Corpus Christi, TX ( -22 %)
(35,036.61)
Corpus Christi JOC Coefficient (18 %)
22,359.73
Permit (3 %)
4,397.42
Bond (2.5 %)
3,774.46
Grand Total
$154,752.34
—209—
EXHIBIT "C"
Paoe 2 of 3
Joe Garza Pool Renovations
Create a new fenced in party rental area with lighting for family activities /picnics and
include new ADA compliant pedestrian access to the party rental area. Reinstall brick
pavers at entrance.
JOE GARZA POOL RENOVATIONS
(Nuway Internationa
, Inc.)
General Requirements
$3,902.00
Concrete
2,606.20
Masonry
247.50
Special Construction
14,493.60
Electrical
3,364.86
Earthwork
7,099.29
Exterior Improvements
22,249.73
Total
53,963.18
RSMeans Corpus Christi, TX ( -22 %)
(11,871.90)
Corpus Christi JOC Coefficient (18 %)
7,576.43
Permit (3 %)
1,490.03
Bond (2.5 %)
1,278.95
Grand Total
$52,436.69
—210—
IEXHIBIT "C" I
Page 3 of 3
\ Mp roject \ co un cil exh ibi is \exh 3343, 45, 46. d wg
JOE GARZA
POOL
RENOVATIONS
N
CORPUS c RT51.7Ta3Y
PROJECT No. 3343, 3345, 3346
LOCATION MAP
NOT TO SCALE
EXHIBIT 'D"
OAK PARK, & OSO RECREATION
CENTER RENOVATIONS
JOE GARZA POOL RENOVATIONS
-211-
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
DATE07 /17/2008
NNW NMI
17
AGENDA MEMORANDUM
Council Action Date: August 12, 2008
SUBJECT: Sale or Exchange of 209 S. Carancahua
City EMS Training Facility & Equipment Repair Shop
AGENDA ITEM:
A. Ordinance declaring the City's property located at 209 S. Carancahua as surplus
property to enable its sale and disposition contingent upon the purchase,
exchange, or construction of a new facility for the Fire Department, to use for
equipment maintenance and repair, classroom training, and for any other use
required by the Department or by the City.
B. Ordinance authorizing the advertisement and publication of the sale or exchange
of surplus city property located at 209 S. Carancahua, reserving the right to reject
any and all bids, selecting the most advantageous bid to the City, with subsequent
City Council action to approve or reject the selected bid.
ISSUE: The City owns a facility at 209 S. Carancahua, formerly known as Fire Station No.
1. The facility is no longer used as a fire station but is currently used for Emergency
Medical Services training, maintenance and repair of Fire Department equipment, and for
classrooms. The Fire Department would like to relocate their operations to a more suitable
location with expansion capability. Staff is seeking authority to proceed with soliciting
public bids to either purchase the property or to exchange the property for other property of
similar or equal value that is suitable for the Fire Department's operations.
REQUIRED COUNCIL ACTION: Passage of the ordinances as submitted.
FUNDING: No funding is required for this ordinance.
RECOMMENDATION: Approval of the ordinances as presented.
Attachments:
Exhibit A.
Exhibit B.
Background Information
Location Map, 209 S. Carancahua
4 t %s
Kevin Stowers
Interim Director of Engineering Services
H:WOME\EUSEBIOG \GENWgenda Items \Sale of 209 Carancahua. Ordinance\Agenda Memorandum.doc
—215—
BACKGROUND INFORMATION
SUBJECT: Sale or Exchange of 209 S. Carancahua
City EMS Training Facility & Equipment Repair Shop
BACKGROUND: In January 1942, the City purchased four lots in the South Bluff Addition
for construction of Fire Station No. 1. Two adjacent lots were then purchased in 1955 to
form the facility shown on the attached Exhibit B. The facility is no longer operates as a
Fire station but is currently used for EMS training, equipment maintenance and repair, and
other department related uses. The Fire Department has exhibited a need for a centralized
location to combine all their training, repair, and maintenance tasks with room for future
expansion. The existing facility is located in the B -5 commercial zone of the City's
downtown area and would be more suitable in an industrial zone with all its permitted uses.
The City has obtained an appraisal of the property from American Appraisers, Inc. in the
amount of $512,000. The value is attributed primarily to the property's commercial land
value, its location downtown and its proximity to the Mid -Town Exchange Corridor. The
buildings and site improvements were given nominal value because of their physical
depreciation.
In order to procure the options available to the City for replacement of this facility, it is
proposed that the City advertise for public bids for the sale or exchange of the City's
property. A minimum opening bid or reserve amount of $500,000 would be set in the bid
invitation. The City would evaluate the bids received to determine the bid with the most
advantageous or economic value for the City. Any sale proposals would be used to
purchase another facility or to build a new facility on City land. Any property exchange
proposals would be evaluated for suitability to the Fire Department's needs, equitable
exchange value, and other evaluation criteria. Bidder's proposing to exchange property
would submit a current appraisal of their property for the exchange. The City would retain
the right to reject any and all bids if necessary. If a suitable bid is received, City staff will
present it to City Council for its acceptance and for conveyance of the City's property.
Terms of the sale or exchange will be arranged so that a short term lease will enable the
Fire Department to relocate to a new facility.
PRIOR COUNCIL ACTION: None
FUTURE COUNCIL ACTION: Approve the selected bid and authorize the City Manager or
designee to execute a Sales and Exchange Contract, along with all necessary closing
documents for the conveyance and exchange of property.
EXHIBIT A
—216—
File : \ Mproject\ councilexhibits \exhMidtownFireSta.dwg
PROPERTY
LOCATION
LOCATION MAP
NOT TO SCALE
BLUCHER
PARK
COOPER'S ALLEY
SUBJECT
I / A
CARANCAHUA
KINNEY STREET
G
�RP551
01N MWiXG N
VICINITY MAP
NOT TO SCALE
EXHIBIT "B"
209 S. CARANCAHUA
LOTS 2.4 11 -13, BLOCK 5
SOUTH BLUFF ADDITION
(FORMER FIRE STATION NO. 1) -217-
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
net r• n7_. mil —IA
ORDINANCE
DECLARING CITY PROPERTY LOCATED AT 209
S. CARANCAHUA AS SURPLUS PROPERTY TO ENABLE ITS
SALE AND DISPOSITION CONTINGENT UPON THE
PURCHASE, EXCHANGE, OR CONSTRUCTION OF A NEW
FIRE DEPARTMENT FACILITY FOR USE IN TRAINING,
EQUIPMENT MAINTENANCE AND REPAIR, CLASSROOM, OR
OTHER RELATED USES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. The City's property located at 209 S. Carancahua is declared
as surplus property to enable its sale and disposition contingent upon the
purchase, exchange, or construction of a new facility for the Fire Department, for
use as a facility for equipment maintenance and repair, for training and other
classroom uses, and for any other uses required by the City.
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 12th of August, 2008.
ATTEST:
Armando Chapa
City Secretary
Approved as to form: 28- Jul -08
By:
Veronica Ocanas
Assistant City Attorney
for City Attorney
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
081208 ORD Declaring Carancahua Property as SurpM21 8—
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
081208 ORD Declarina Carancahua Pronertv as Surplus 219—
ORDINANCE
AUTHORIZING THE ADVERTISEMENT AND PUBLICATION OF
THE SALE OR EXCHANGE OF SURPLUS CITY PROPERTY
LOCATED AT 209 S. CARANCAHUA; RESERVING THE RIGHT
TO REJECT ANY AND ALL BIDS; EVALUATING BIDS BASED
ON THE MOST ADVANTAGEOUS BID TO THE CITY, WITH
SUBSEQUENT CITY COUNCIL ACTION APPROVING OR
REJECTING THE SELECTED BID.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. The advertisement and publication of the sale or exchange of
surplus city property located at 209 S. Carancahua (reserving the right to reject
any and all bids, evaluating bids based on the most advantageous bid to the City,
with subsequent City Council action approving or rejecting the selected bid) is
hereby authorized.
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 12th of August, 2008.
ATTEST:
Armando Chapa
City Secretary
Approved as to form: 28- Jul -08
By:
Veronica Ocanas
Assistant City Attorney
for City Attorney
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
—220—
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
—221—
18
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: August 12, 2008
AGENDA ITEM:
A. Motion authorizing the City Manager to execute an agreement between the City
of Corpus Christi and HiIICo Partners in the amount of $84,000 for state
governmental relations services.
B. Motion authorizing the City Manager to execute an agreement between the City of
Corpus Christi and Meyers & Associates in the amount of $90,000 for federal
governmental relations services.
ISSUE AND BACKGROUND: The 80th legislative session in Austin proved to be a
challenging session for municipal interests. Over 1200 bills were filed that had the
potential to impact city operations, with 120 of those passing. The upcoming legislative
session in 2009 is shaping up to be a challenging environment for cities as well. Among
the many issues we will follow, transportation funding and restructuring ofTXDOT is going
to be a big issue, as is revenue and taxation issues, which many legislative committees are
currently studying around the state. In addition, environmental and water issues are
always a focus of the legislature and each of those areas have the potential to impact the
coastal bend region significantly.
At the federal level, funding continues to be a challenge for many programs of critical
importance to our community. While our community can look back on many successes in
Washington, such as completion of the Packery Channel project and numerous grant
awards through multiple federal agencies, there is still much work to do. Transportation
funding in 2009 will be a major focus of our efforts in Washington collectively with other
communities around the state and nation. We continue to look for funding opportunities to
complete infrastructure surrounding Packery Channel and are seeking continuation of
programs such as Renewal Community, CDBG and other programs that help us revitalize
our community.
The City of Corpus Christi has previously engaged the services of both HillCo Partners at
the state level, and Meyers & Associates at the federal level. Both firms have proven their
value in assisting the City with their legislative programs and helping to make our
programs a success in both arenas. Attached for your review are biographies on each of
our governmental relations resources. HillCo Partners offers specific expertise on
important issues to the City. Mr. Dan Pearson, a former Executive Director of the TNRCC,
provides environmental and water related expertise. Mr. Snapper Carr has a tremendous
amount of legislative process expertise and has extensive experience in general municipal
issues, having served the Texas Municipal League in a legislative affairs capacity. This
year, HiIICo is also making Mr. Brandon Aghamalian available to the City of Corpus Christi.
Brandon's expertise includes transportation, economic development, and previous
-225-
experience on city staff with the City of Fort Worth. We propose to continue our
relationship with HiIICo Partners at a rate of $7,000 per month, which is the rate we have
negotiated with Hill Co during a session year such as 2009. In a non - session year, our rate
with HillCo is reduced to $4,500. In Washington, Mr. Larry Meyers was instrumental in
making our initial CC to DC program in June of 2008 a tremendous success. In addition,
his past efforts on the Water Resources Development Act helped to make the Packery
Channel project a reality. Mr. Meyers has served the City of Corpus Christi in his current
capacity for many years and continues to be a valuable member of our team. We propose
to continue our relationship with Meyers & Associates at a rate of $7,500 per month.
REQUIRED COUNCIL ACTION: To contract for governmental relations services requires
Council approval
FUNDING: As has been the City's practice in years past, we are again proposing that 2/3
of the fees be funded from the water fund and 1/3 from the general fund included in the
FY09 Budget.
CONCLUSION AND RECOMMENDATION: Staff recommends continuing our existing
relationships with both HiIICo Partners in Austin and Meyers & Associates in Washington
D.C. for the 2008 -2009 fiscal year. Both firms have done an excellent job in helping the
City of Corpus Christi advance our legislative program at the state and federal levels. We
recommend approval of the engagement of these two firms.
udy D. Ga a
Director of Intergovern '*!"al Relations
Attachments:
Governmental Relations Consultant Biographies
Contracts
—226—
ATTACHMENT
Governmental Relations Consultant Biographies
HillCo Partners (State Legislative Consultants):
Dan Pearson is a widely recognized environmental expert. The former Executive Director
of the Texas Natural Resource Conservation Commission (TNRCC), Pearson possesses
vast expertise on a wide range of air, water, waste management and waste -water issues.
Prior to heading up the TNRCC, Pearson served as Deputy Comptroller for eight years
under former Texas Comptroller Bob Bullock. There, he was primarily responsible for
developing the State's current tax system where he eamed a reputation as a straight -
shooting expert in state fiscal matters. Since joining HiIICo, Pearson has been responsible
for assisting a wide array of private sector clients as they navigate the bureaucratic
administrative agencies and gaining them access to key lawmakers at the Capitol. Due to
his reputation as an expert on environmental related issues, Pearson has been invited to
participate in every major legislative debate dealing with air and water issues over the last
decade.
Snapper Carr joined HiIICo Partners' Local Government Practice in 2006. Prior to is
current role, he was the Legislative Counsel and Associate for the Texas Municipal League
(TML) from 1998 to 2006, representing municipal interests before state and federal
legislative, administrative and judicial bodies. While at TML, Carr earned a reputation as
an expert in the fields of land usage, utilities, and open records laws. From 1994 to 1998,
he was Chief Committee clerk for two Texas House committees; the Committee on State
Affairs and the Committee on Land and Resource Management. He has also provided
media and issue consulting services for numerous political and public relations campaigns
in Texas. Carr is a graduate of The University of Texas at Austin, where he earned a
Bachelor's degree in Communications and Government and a Doctor of Jurisprudence
degree from the UT School of Law.
Brandon Aghamalian is a public affairs consultant for HillCo Partners with expertise in
economic development issues, property taxes, insurance, and homeland security issues.
His primary focus is representing the needs of local governments before the Texas
Legislature. Before joining HillCo Partners, Aghamalian was the Director ofGovemmental
Relations for the City of Fort Worth from 2002 to 2006. Aghamalian has also worked as
the Chief of Staff for then Representative Kim Brimer (R -Fort Worth) where he assisted in
the passage of HB 1200, the Texas Economic Development Act, which provides incentives
for capital intensive industries to build or expand in Texas. He has also served as the
Director for the House Committee on Business & Industry and was the Legislative Director
for Rep. Todd Smith (R- Euless). Aghamalian is a graduate of Texas State University in
San Marcos where he was an NCAA scholarship track athlete and student body vice -
president while he earned a Bachelor's degree in accounting. In 2000, he earned a Doctor
of Jurisprudence from the UT School of Law and a Masters of Public Affairs from the LBJ
School.
—227—
Meyers & Associates (Federal Legislative Consultants):
Larry Meyers has over 34 years of experience since coming to Washington with then
Senator Lloyd Bentsen (D -TX), former chairman of the Senate Finance Committee, and
former Secretary of the U.S. Treasury. After four years with the senator, serving as
legislative director, he received an appointment in the Carter Administration being named
Director for Congressional Affairs - U.S. Department of Agriculture, responsible for both
USDA and White House lobbying activities. He began independent consulting in 1981, and
in 1989 was named by Beacham's Guide to Key Lobbyists as one of the top 125 lobbyists
out of the several thousand in Washington. For the last twelve years, he has served as
guest lecturer at the National Defense University on the topic of "lobbyists and lobbying."
Larry also serves on the Board of Directors of Washington First Bank in Washington, D.C.
The Corpus Christi community has retained Meyers & Associates since 1993 and past
involvement of the firm with the efforts of the City of Corpus Christi includes: the 1993
and 1995 BRAC processes; protection of the Naval Air Station; Choke Canyon Dam
debt delay (credited by city financial staff at a $20 million savings); the Mary Rhodes
Pipeline; federal funds for the acquisition of the site for the American Bank Center and
Bayfront Plaza expansion; and the North Padre Island Project (Packery Channel)
authorization and funding. In each case, the firm's work with the members of the
Texas congressional delegation representing Corpus Christi were critical to each
project's success. The firm also represents Corpus Christi A &M for the purpose of
facilitating federal research dollars to come to the university.
—228—
July 23, 2008
HillCo Partners
823 Conaress Avenue
Suite 901
Austin, Texas 78701
ATTN: Mr. Snapper Carr
Re: Agreement for Governmental Relations Services Relating to General Water
and Environmental Issues and Other Legislative and Administrative Matters as
Directed by the City Manager
Dear Mr. Carr:
'Phis will confirm the engagement of HiIICo Partners for governmental relations
services of Mr. Dan Pearson, Mr. Brandon Aghamalian, and Mr. Snapper Carr relating
to implementation of provisions gained during the legislative session including by not
Limited to environmental flows, funding options for water projects, economic
development laws, working with the Comptroller's Office to implement provisions of
HB 1009, assisting the City in formulating and executing the City's Legislative
Program for the 81st Legislative Session and other matters as directed by the City
Manager. HillCo Partners will provide the City Manager quarterly reports identifying
services provided and any issues that could impact the City of Corpus Christi.
HillCo services will be performed at a total rate of $7,000.00 per month beginning
August 1, 2008 and ending July 31, 2009. Expenses are also to be itemized and will be
limited to reasonable and customary charges. Billing will be submitted monthly to
Mary Kay Fischer, City Attorney, and will be payable within 30 days of receipt.
HillCo will notify the City Attorney promptly if any conflict of interest between
1- IilICo representation of the City and any other interest or client that HillCo may have.
This agreement is exclusive of any other agreement between HillCo and the City and
may he cancelled at any time with 30 days notice to either party.
Please indicate acceptance by signature below and return to the City Attorney.
Sincerely,
George K. Noe
City Manager
ACCEPTED:
for HillCo Partners
-229-
AGREEMENT BETWEEN
THE CITY OF CORPUS CHRISTI AND
MEYERS & ASSOCIATES FOR
GOVERNMENTAL RELATIONS SERVICES
This agreement is by and between the City of Corpus Christi (the "City") and Meyers &
Associates, a Washington based governmental relations consulting firm (hereinafter "Meyers "), and is
effective the 1st day of August 2008.
WITNESSETH:
WHEREAS, many key goals of the City of Corpus Christi, especially economic development
goals, are directly and critically affected by decisions of the United States Congress, President and
Agencies. These include, but are not limited to, protection of our military installations, assurance of
an adequate water supply, reasonable air quality standards, the North Padre Island Storm Damage
Reduction and Environmental Restoration Project, highways, and various other regulatory and
funding programs; and
WHEREAS, Meyers specializes in providing governmental relations services in federal
legislative and administrative matters.
NOW, THEREFORE, for and in consideration and exchange of mutual covenants and
conditions herein contained, the City and Meyers agree as follows:
1. City Duties. The City hereby appoints Meyers to act on its behalf to assist in
furthering City goals in Washington under terms acceptable to the City including:
a. The City, through its City Manager, Director of Intergovernmental Relations
and City attorney will supervise the activities of Meyers in monitoring and
promoting policies which assist in furthering the City's interests and goals.
b. The City will pay or cause to be paid to Meyers $7,500 monthly for assistance
in accomplishing the above interests and goals plus reasonable associated out -
of- pocket expenses.
c. Such payments will commence on August 31st and will continue for (12)
twelve consecutive months subject to provisions for cancellation as set out
below, and subject to annual appropriations by the City Council.
d. The services and relationship between the City and Meyers may be terminated
at any time upon notice by the City Manager.
-230--
Meyers' Duties, Meyers agrees that they will:
a. Use their best professional efforts to assist in the accomplishment of the
interests and goals of the City.
b. Perform all services according to high professional standards.
c. Report any potential conflict of interest at once for resolution by the City
Manager, should a potential conflict develop between services performed for
the City and Meyers' other clients.
d. Comply with all laws of the United States and regulations of the United States
Congress with regard to representation and registration as may be required by
such laws and regulations.
e. Provide the City Manager quarterly reports identifying services provided and
any issues that could impact the City of Corpus Christi.
3. Term. This Agreement shall commence August 1, 2008 and continue until July 31,
2009, subject to the provisions for cancellation set out in Section 1.(d) above.
4. Independent Contractor. Nothing contained in this Agreement shall be construed to
constitute Meyers as an employee or agent of the City nor shall either party have any
authority to bind the other in any respect, it being intended that each shall remain an
independent contractor responsible for its own actions.
5. Entire Agreement. This Agreement contains the entire understanding of the parties
hereto with respect to the matters covered hereby.
6. Soma/ Whenever possible, each provision of 'this Agreement shall be
interpreted in such manner as to be effective and valid under applicable law, but if any
provisions of this Agreement shall be prohibited or invalid under applicable law, such
provision shall be ineffective to the extent of such provision or invalidity, without
invalidating the remainder of such provision or the remaining provisions of this
Agreement.
7. Assignment. This Agreement may not be assigned by either party without mutual
consent in writing.
8. Binding Effect. Subject to the provisions of Section 7 of this Agreement, this
Agreement shall be binding upon and inure to the benefit of the parties hereto, and
their successors and assigns.
9. Amendment. This Agreement may be amended only by an instrument in writing
executed by the parties hereto.
-231-
10. Captions. The section and paragraph headings in this Agreement are for reference
purposes only and shall not affect in any way the meaning or interpretation of this
Agreement.
11. Governing law. This Agreement shall be construed and enforced in accordance with
and governed by law of the State of Texas.
12. Counterparts. This Agreement may be executed in multiple original counterparts,
each of which shall be deemed an original, but all of which together shall constitute
the same instrument.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement and made
effective
APPROVED AS TO FORM:
MARY KAY FISCHER
CITY ATTORNEY
Mary Kay Fischer
By:
CITY OF CORPUS CHRISTI, TEXAS
George K Noe, City Manager Date
MEYERS & ASSOCIATES
By: ,... pis 7.. D . r'r , .ce - 4 3 " e 'r OA
Larry Meyers Date
MEYERS & ASSOCIATES
-232-
19
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: August 12, 2008
AGENDA ITEM: Resolution approving a small business incentive agreement between the
Corpus Christi Business and Job Development Corporation and ACCION Texas, Inc. for an
interest buy -down program for small businesses and authorizing the City Manager, or
designee, to execute a small business incentive project support agreement with the Corpus
Christi Business and Job Development Corporation regarding implementation and
administration of the ACCION Texas small business incentive agreement.
ISSUE: To assist in the job development and growth of small businesses in the community.
PREVIOUS COUNCIL ACTION: August 28, 2007, Council approved a resolution, in the
amount of $200,000 for an interest buy -down program. On March 11, 2008, Council
approved a resolution in the amount of $50,000 for a pilot initiative to provide interest buy -
downs for existing small businesses.
CONCLUSION AND RECOMMENDATION: Staff recommends approval to grant business
incentives to ACCION Texas, Inc., in the amount of $350,000 for an interest buy -down
program to assist small businesses in Corpus Christi beginning August 1, 2008 through
July 31, 2009.
3)40..4. 244xioa.a
Irma Caballero
Director of Economic Development
Attachments:
1. Summary of ACCION loans 2004 -July 31, 2008
2. CC Buy -down Program Comparison
3. ACCION TX Information and Loan Guidelines
4. ACCION TX Fact Sheet
5. ACCION TX Board Member List
6. Attachment "A"
7. Background Information from 7/29/08 Council meeting
—235—
BACKGROUND INFORMATION
At the July 29, 2008 City Council meeting, the following questions were raised:
1. How do reductions in the prime interest rate affect the interest rate charged to
ACCION clients?
2. Does the City have a representative selected by the Corpus Christi Business and
Job Development Corporation (4A Board) serving on the ACCION Board of
Directors?
3. What fees are charged to ACCION clients for closing costs?
Staff held a conference call on Friday, August 1, 2008 and met with Janie Barrera,
President & CEO of ACCION Texas, on Tuesday, August 5, 2008 to obtain
additional information and address questions raised by Council.
Findings:
1. Chase, Wachovia, Capital One, Bank of America, Frost, American, Broadway,
Jefferson State, Washington Mutual, USAA, and US Trust Banks provide
ACCION financial support in the form of loans or grants.
2. Banks generally do not provide loans to the type of small business client served
by ACCION.
3. No Loan Officer of ACCION will take an "A" paper client.
4. A Corpus Christi representative, Mario Dominguez, VP for Commercial Lending
with American Bank, was appointed to the ACCION Board in January 2006.
5. ACCION Texas:
• has used 12.5% as the average interest rate applied to each loan and bought the
interest rate down by 7% to 5.5 %.
• has received the highest "Community Development Financial Institution Analysis
Rating System," (CARS) available.
• charges no pre - payment penalty for loans paid off early.
• is audited annually by a CPA selected by the ACCION Board.
• does not sell any of its notes.
• services all their loans.
• partners with Consumer Credit Counseling, SCORE, and SBDC to provide
support its small business clients.
• has been providing quarterly reports since the inception (2004) of the program.
In addition, staff reviews and approved every buy -down loan request.
• has an operating budget of $5 million. $3 million is covered by interest andfees
from the loan portfolio and the remaining $2 million is raised through private and
public donations.
• has used all funds granted by the 4A Board.
• charges 3% closing costs for its loans.
-236-
The following information was provided by Janie Barrera, President and CEO of
ACCION Texas in response to the specific questions raised by the City Council:
The following addresses questions raised about the ACCION Texas Interest Buy -Down
Program during the Corpus Christi City Council meeting on July 30, 2008.
1. How and for what purpose was the buy -down formula derived?
The following formula was created as the result of discussions between ACCION Texas
and City of Corpus Christi staff in 2004, and was intended to simplify the calculation of
buy -down payments:
(Loan amount x interest rate to buy down to 5.5 %)/12= N
N x number of payments = interest buy down reimbursement to ACCION Texas
for business loan (number of payments shall not exceed 60)
With a $10,000 loan as an example:
($10,000 x 7 %) / 12 = 58.33
58.33 x 36 = $2,100 (amount to be reimbursed to ACCION Texas)
The final number reflects both the cost of buying down the interest by 7% and a portion
of business costs necessary for ACCION Texas to operate in Corpus Christi. The cost
of providing a single ACCION Texas loan is approximately $2,300 for the first year, and
$150 for each year that it is maintained; this figure includes the cost of loan generation,
underwriting, closing, accounting, the cost of capital, infrastructure, administration, and
specific tracking /reporting of the Corpus Christi Buy -Down loans.
2. What interest rate does ACCION Texas charge?
ACCION Texas charges interest rates between 10.5% and 18 %, based on the credit risk of
the client. The average interest rate that ACCION Texas charges is 12.5 %.
3. How much does the City of Corpus Christi "buy down" if a loan's interest rate
is greater or less than 12.5 %?
As was mentioned above, ACCION Texas and the City of Corpus Christi worked to provide
a simple formula for the Buy -Down Program that would reduce administrative costs. As
such, the City of Corpus Christi will always pay for a 7% interest reduction, although the
actual interest reduced by ACCION Texas could range from 5.5% — 11 %. This is based on
the assumption that the average interest rate for ACCION Texas loans will be
approximately 12.5 %, which is substantiated in the following table:
City of Corpus Christi Loans "bought down"
68
# of Loans with Interest Rates Below 12.5%
34
# of Loans with Interest Rates at or above
12.5%
34
Average Interest Rate
12.735
—237—
4. How does ACCION Texas' interest rates compare with other lending institutions?
ACCION Texas provides a very specific service to the communities that we serve: providing
credit to small business owners that do not qualify for credit from more traditional institutions. As
such, we receive almost no competition from banks or other mainstream credit sources
(although our interest rates are comparable to theirs, which range from 6 % -16%). The only real
altemative to ACCION Texas loans available to our clients are predatory lenders and high -
interest credit cards, which can feature rapidly increasing interest rates that reach 30% or
higher.
ACCION Texas is able to charge competitive interest rates because we are a not - for - profit
organization, and only raise approximately 60% of our funds from microloans (the other 40% are
raised through competitive grants).
5. Is the Corpus Christi Buy -Down Program effective at reaching its goals?
The Corpus Christi Interest Buy -Down Program is beneficial for all parties involved.
Entrepreneurs that are unable to obtain credit from traditional sources are able to obtain it at a
significantly reduced interest rate, strengthening and expanding their small businesses. The City
of Corpus Christi will gain new jobs and new revenue, generated by a stronger small business
sector.
Since the establishment of the Corpus Christi Buy -Down Program in 2004, ACCION Texas has
disbursed over $1.5 million in 5.5% interest loans to entrepreneurs in Corpus Christi that were
unable to obtain credit through traditional sources. The impact of these loans on the economy of
Corpus Christi has been substantial: from the total cumulative Interest Buy -Down funds of
$225,000 from the City of Corpus Christi, 70 new jobs have been created and nearly $1 million
in new revenue (including increased take -home income for clients and increased local and state
taxes) has been generated in Corpus Christi.
The $350,000 Buy -Down Program requested for 2008 -09 will continue these successes.
ACCION Texas will contribute $1.75 million in loan capital to this program. These loans are
projected to create 110 new jobs and generate over $1 million in new revenues in Corpus
Christi.
6. What is the total amount of loan funds disbursed in Corpus Christi by ACCION Texas?
Including loans enrolled in the Buy -Down Program, ACCION Texas has made 204 loans in
Corpus Christi, totaling $2,801,597.
7. How do banks work with ACCION Texas?
By working with ACCION Texas, a participating bank reaches a clientele that it may find difficult
to serve on its own because of the high transaction costs, high perceived risk levels, and the
need to use non - traditional methods to determine creditworthiness. A bank lends directly to
ACCION Texas, a statewide non - profit organization. ACCION Texas then lends these funds to
qualifying small businesses. Because the bank makes a loan available to ACCION Texas, and
ACCION Texas takes full responsibility for managing the loans to the entrepreneurs, the
—238—
transaction costs to the bank are minimal. The bank also assumes minimal risk because
ACCION Texas is responsible for repayment of the bank's loan, not the individual
microentrepreneurs. Risk is reduced even further because it is generally spread among several
banks that are participating in the capitalization of the loan fund.
Through this innovative arrangement, entrepreneurs previously unable to secure bank credit
gain access to bank financing for their businesses. As their business grows, and they build a
credit history with ACCION, they may qualify for loans directly from the bank, for either business
or consumer purposes. Through ACCION, banks build a future client base. By providing capital
to the loan fund, banks will be providing capital to entrepreneurs, minority businesses, and low -
income communities, all of which contribute to a positive Community Reinvestment Act
assessment. The OCC, FDIC, Federal Reserve, Federal Home Loan Bank and other agencies
recognize ACCION Texas as a way for banks to reach their CRA goals. Contributions to
ACCION Texas will show the bank's commitment to community economic development.
Depending upon the bank's level of interest, there are several different partnership
arrangements that can be established with ACCION Texas.
1. Grants for Operations
2. Grants for Loan Portfolio - these funds build equity for ACCION Texas
3. Interest -free or below market rate loans for Loan Portfolio
All funds raised in a city or region in the ACCION Texas network stays in that city or region.
ACCION Texas recognizes that a bank has a certain geographic footprint to cover.
—239—
Attachment 1
2007 -2008 ACCION Loans
Avg Wage
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Job Title
Receptionist
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—243—
2004 -2005 ACCION Loans
Avg Wage
$15,360.00
O
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Job Title
Mechanic
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-244-
Corpus Christi Buy -Down Program Comparison:
Existing Buy -Down Program
• Designed to provide low- interest
loans to more "risky" clients —
start-up businesses and clients
with low credit scores
• Original loan interest rate of 12.5%
"bought- down" by the City of
Corpus Christi to 5.5%
• Average credit score of 575
• 100% collateral required
• Loans ranging from $5000 -
$50,000
• Debt to equity ratio of 65%
Established in Fail 2004
Distributed nearly $1 million in
loans and created /sustained over
65 jobs
-245-
Attachment 2
Expanded Buy -Down Program
• Designed to provide low- interest
loans to clients that are more
established, but not yet "bankable"
— businesses that have existed for
less than 5 years
• Original loan interest rate of 12.5%
"bought- down" by the City of
Corpus Christi to 5.5%
• Credit score of above 600
• Less than 100% collateral required
• Loans ranging from $10,000 -
$50,000
• Debt to equity ratio of 50%
ACCI J4
T E X A S
Information and Loan Guidelines
Attachment 3
• ACCION Texas loans are fixed rate loans with loan size varying from $500 - $100,000
• Loan term varies depending on a number of factors including loan amount, type of
loan, collateral, applicant capacity to pay, etc. Maximum loan term of 72 months.
• All applicants must fill out an ACCION Texas loan application (either paper or
online). There is no charge associated with the application process.
• ACCION Texas makes loans for any legitimate business related expense to include
working capital.
• ACCION Texas lends to startups. Our definition of startup is 6 months or less in
business. Startups must have an altemate source of income.
• ACCION Texas runs credit reports on all applicants through Trans Union. We also
report payment history on our loans to credit bureaus.
• Interest rates and closing fees are risk based. The higher the risk, the higher the
interest rate and closing fees.
• Loans and Lines of Credit are collateralized. Well run businesses with solid
financials may qualify for reduced collateral.
• Lines of credit are generally available to businesses where the principal owner has a
FICO score of 650 or above.
• We ask for payment protection in the form of credit life and disability to protect both
us and the client. We fully disclose the terms. Clients may find their own insurance
• ACCION Texas requires documentation to close a loan. Typical documents are pay
stubs, W -2, bank statements, financials, etc. Depending on the type of business,
other documents may be required.
• Prospective clients cannot have open judgments or liens against them
• If you have previously filed either Chapter 7 or 13 bankruptcy, we will need to know
the date of dismissal.
• ACCION Texas accepts co- borrowers or co- signors to help strengthen a loan
application.
—246—
ACC
N LENDING.
SUPPORTING.
INSPIRING.
T E X A S
Attachment 4
MISSION STATEMENT
Our mission is to provide credit to small businesses that do not have access to loans from commercial sources. Through our
loans and services, we help micro entrepreneurs strengthen their businesses, stabilize and increase their incomes, create
additional employment and contribute to the economic revitalization of their communities.
FINANCIAL PROFILE
Total Number of Loans: 9,067
Total Dollars Disbursed: $66,757,970
Active Portfolio: $17,957,211
Average Loan Balance: $10,913
Loan Range: $500 - $50,000
*Statistics as ofJune 30, 2008
ORGANIZATIONAL PROFILE
Number of Offices: 12
Number of Employees: 44
Number of Active Clients: 1,773
Total Number of Clients Served: 6,102
President & CEO: Janie Barrera
HISTORY
ACCION Texas is a private non -profit 501(c)(3) micro -
enterprise development organization based in San
Antonio. We began lending in San Antonio in 1994 and
later developed and implemented an innovative
"blueprint" for establishing microlending programs in
new areas around the state. The ACCION Texas network
includes 12 offices throughout the state. In December
2007, ACCION Texas was announced the winner of the Wachovia Next Award being selected
over 600 other Community Development Financial Institutions (CDFI) with less than $50
million in assets. Also in 2007, ACCION Texas began providing underwriting and loan
services to other microlending institutions nationwide.
CLIENT PROFILE
• ACCION Texas lends to any legal small business in Texas. We do not exclude any profession or occupation. Most clients use
loans for working capital or equipment purchases. Many of our clients have received more than one loan from ACCION Texas.
• Although just under half of clients (46 %) have been in business for less than one year, close to a third (32 %) have been in
business 3 years or longer. The median asset level of clients' businesses is approximately $6,000.
• Sixty -seven percent of clients identify themselves as Hispanic, 16% are African- American and 14% are Anglo- American.
Women comprise 45% of borrowers.
• Clients of ACCION Texas typically have lower than average incomes, with a median household income of $29,616 as
compared to the Texas median of $41,994 in 2000.
_.. ECONOMIC IMPACT
• Between 1994 and 2007, ACCION Texas made $60 million in loans which produced $112.8 million in new economic activity.
These results represent a 60 percent social return on investment — every dollar loaned creates an average of 60 cents
annually in new economic activity.
• After three small loans with ACCION Texas, clients increase business equity by 22 %, bring in 67% more in monthly
business profits and increase take home pay by 44 %.
• ACCION Texas' micro loans also create employment. ACCION borrowers created over 1,400 new jobs and sustained over
4,000 between June 1994 and November 2007.
• ACCION Texas makes a loan every two hours somewhere in Texas.
• Our organization provides clients with professional benefits not easily quantified, such as the ability to obtain credit, financial
and business training, a sense of confidence in themselves as business people, independence, the security of knowing they have
a reliable source of financing, and networking with other ACCION businesses.
Contact Information:
Tel 210.226.3664
Fax 210.5332940
Customer Service 888.215.2372
2014 South Hackbeny Street
San Antonio, TX
78210
—247—
Website: www.acciontexas.org
ACCION TEXAS
HISTORICAL LOAN PRODUCTION AND SOCIO ECONOMIC DATA
ANNUAL PROGRAM GROWTH TO DATE
Year
Amount
Disbursed
Active
Portfolio
Average
Loan Size
Percentage of
Women
1994
$159,317
$107,925
$1,406
18%
1995
$615,249
$325,647
$3,067
34%
1996
$998,928
$557,626
$3,188
37%
1997
$1,092,436
$755,750
$3,738
51%
1998
$1,350,424
$1,136,269
$4,649
68%
1999
$2,032,183
$1,909,887
$3,226
56%
2000
$3,918,988
$3,418,332
$4,689
53%
2001
$5,526,070
$5,618,935
$5,445
47%
2002
$5,568,946
$7,133,201
$5,307
50%
2003
$6,166,536
$8,150,826
$5,113
51%
2004
$6,373,950
$9,079,318
$8,431
49%
2005
$8,068,998
$11,338,939
$10,744
48%
2006
$9,169,817
$14,547,138
$10,516
48%
2007
$12,418,921
$16,993,716
$14,542
45%
2008YTD
$7,024,953
$19,348,947
$16,112
45%
CUMULATIVE STATEWIDE PROGRAM IMPACT TO DATE
ACCION Texas Site
San Antonio (established 1994)
El Paso (established 1996)
McAllen/Edinburg (established 1998)
Houston (established 1998)
Brownsville (established 1998)
Dallas/Fort Worth (established 1999)
Austin (established 1999)
Other Communities (established 2001)
Corpus Christi (established 2004)
Laredo (established 2005)
Total as of June 30, 2008
Total Loans
Total Amount
Disbursed
2,942
$20,659,648
1104
$8,329,630
1071
$6,403,199
1224
$11,010,762
550
$3,753,158
1074
$10,726,606
508
$3,769,568
301
$2,128,462
204
$2,801,597
89
$903,085
9,067
$ 70,485,716
CUMULATIVE CLIENT ETHNICITY & GENDER
ACCION Texas
Site
African
American
Hispanic
White
Other
Male
Female
San Antonio
7%
72%
16%
5%
56%
44%
Brownsville
I%
93%
4%
2%
49%
51%
McAllen/Edinburg
0%
97%
3%
0%
36%
64%
Houston
43%
33%
19%
5%
52%
48%
Dallas/Ft Worth
45%
33%
19%
3%
51%
49%
El Paso
4%
89%
5%
2%
68%
32%
Corpus Christi
21%
49%
26%
4%
53%
47%
Laredo
6%
76%
15%
3%
54%
46%
Austin
28%
36%
33%
3%
58%
42%
Total
15%
67%
14%
4%
55%
45%
Contact Information:
Tel 210.226.3664
Fax 210.533.2940
Customer Service 888.215.2372
2014 South Hackberry Street
San Antonio, TX
78210
-248-
Website: www.acciontexas.org
ACCION Texas Board of Directors - 2008
1. Bill Albers
Partner
3808 Maplewood Ave
Dallas, TX 75205
(t) 214.707.1288
(m) 214.219.1288
crpalberb @aol.com
Member since: Jan 2007
2 Luther G. Branham
7645 Pimlico Lane
Fair Oaks Ranch, TX 78015
(210) 698-3327
Igbran @satx.rr.com
Member since: Aug 2003
3. Jay F. Clinaman. III
Chairman
JP Morgan Chase Bank
P.O. Box 47531
San Antonio, TX 78265
(t) 210.829.6134
(f) 210.829.6109
jay. clinoma n(dchase. com
Member since; Sept 2004
4. Mario Dominguez
Commerical Lending Officer
American Bank
5120 S.P.I.D.
Corpus Christi, TX 78411
(t) 361.653.5214
(f) 361.992.8691
mdo mi no uez@a mericanban k. com
Member since: Jan 2006
5. Juan Echartea
Vice President
USAA Federal Savings Bank
10750 McDermott Freeway
San Antonio, TX 78288
(t) 210.282.8416
(f) 210.443 -6570
iu an. echartea(Dusaa. com
Member since: May 2007
6. Keith Frazier
President
BirdNest Services, Inc.
410 Pierce, Suite 201
Houston, Texas 77002
(t) 713.705.6857
kfrazier@birdnest.com
Member Since: June 2008
Executive Committee
Chair - Kenneth Olson
Vice Chair - Donna Normandin
Secretary - Dora Ann Verde
Treasurer - Jerry Romero
At Larne
Luther Branham
Rose Mary Fry
Roy Terracina
7. Ben Garcia
Regional Manager
Washington Mutual
20855 Stone Oak Pkwy
2nd Floor, Bldg B
San Antonio, TX 78258
(t) 210.515.5004
(f) 210.515.5095
ben.aarcia@wamu.net
Member since: Jan 2008
8. Rose Mary Fry
Executive Director
TX Nonprofit Mngmt. Asst. Network
9901 I -H 10 West, Suite 800
San Antonio, TX 78230
(t) 210.558 -2845
(f) 210.558 -4207
rmfrv(ttxnetwork.orq
Member since: Jan 2007
9. David Lonq
President
Texas State Affordable Housing Corp.
1005 Congress Ave., Ste. 500
Austin, TX 78701
(t) 512- 477 -3555
(f) 512- 477 -3557
lonafamllv@austin. rr.com
Member since: Sept 2006
10. Sandra Nannini
Community Partner
3038 Fall Way Drive
San Antonio, Tx 78247
(t) 210.410.7325
Sandra.Nannini@wellsfargo.com
Member since: April 2008
11. Donna Normandin
Senior Vice President
Frost National Bank
P.O. Box 1600
San Antonio, TX 78296
(t) 210.220 -4851
(f) 210. 220 -5595
dnormandin(la frostbank.corn
Member since: Ian 2005
12. Kenneth Olson
Vice President MAS Affluent Services
Citibank
100 Citibank Drive
San Antonio, TX 78245 -3214
(t) 210.677.7469
(0 210.677.1610
kenneth. i.olson @citiarouo.com
Member since: Nov 2003
—249—
Attachment 5
13. Kathleen Ouiroz
Attorney at Law
Oppenheimer, Blend, Harrison & Tat
711 Navarro, Sixth floor
San Antonio, TX 78205
(t) 210.224.2000
K0uiro7 @obht.com
Member since: March 2007
14. Jerry Romero
Community Development
Wells Fargo Bank
221 North Kansas, 4th Floor
El Paso, Texas 79901
(t) 915.546.4219
(f) 915 - 521,1003
terry. romero@wellsfa mo. rom
Member since: Sept 2005
15. Rov Terracina
President
Sunshine Ventures, Inc.
7900 Callaghan
San Antonio, TX 78229 -2327
(t) 210.308.1245
(0 210.308.1223
rdt tex @vahoo.com
Member since: Nov 2002
16. Dora Ann Verde. CPA
Director , Internal Audit
San Antonio Water System
2800 U. 5 Hwy 281 North
San Antonio, TX 78212
(t) 210. 233.3857
dora.verde @saws.org
Member since: Nov 2002
17. Laurie Vianaud
SVP/ Sr. Director
Capital One
5718 Westheimer Rd., 10th Floor
Houston, TX 77057
(t) 713.435.5319/ 713.435.5317
(0 713.435.5683
jaurle.vianaud @raoitalonebank. com
Member since: Jan 2008
18. Kenneth L. Wilson
President
Bank of America
300 Convent Street, 5th Floor
San Antonio, TX 78205
(t) 210.270.5448
(f) 210.270.5207
kenneth. wi lson @ba n kofamerica. co m
Member since: May 2003
19. Linda Winston
3 Campden Circle
San Antonio, TX 78218
(t) 210.828.3712
winstonlinda@sbcalobal.net
Member since: Nov 2003
Attachment 6
ATTACHMENT A
Request for Interest Buy -Down
Business Name: Business Owner:
Business Address: City:
Business Phone: Type of Business:
Tax ID #: Date
Criteria for Eligibility: Check all that apply
Unable to obtain a loan from a traditional financial institution
Located in or locating to the City of Corpus Christi
__Company is a new or expanding business
_Company is current on their sales tax
_Company is current on ad valorem taxes in the City of Corpus Christi
Unbankable Criteria: Please check one and provide a brief explanation
Credit Score
Loan to Value Ratio
Collateral
Other
Loan applicant qualifies under:
Original Loan Program
Expanded Loan Program
Briefly describe purpose of the loan and how this loan will create a new lob
Loan Amount
Qualifying Interest
Rate
Term(months)
Buy -Down Request
—250—
Provide the following information for existing lobs
Provide the followin information for'ob s to be created due to this loan.
Median Wage confirmed by Texas Workforce Commission's Texas Industry Profiles report
* ** *Client will also confirm with report prior to actual hire date * * **
ACCION TEXAS
Submitted by Title Date
Send Attachment A to
ATTN: Corpus Christi Business & Job Development Corp
Economic Development Office
City of Corpus Christi
PO Box 9277
Corpus Christi, TX 78469
Fax 361- 880 -3845
-251-
Attachment 7
BACKGROUND INFORMATION FROM 7 -29 -08 COUNCIL MEETING
Summary
ACCION Texas, Inc., has been administering a micro - lending program in Corpus Christi for
more than three years, and has disbursed almost $2.3 million and over 170 loans. This
was accomplished with the help of the City of Corpus Christi buying down the interest rate
of loans to a 5.5% interest rate for struggling small business owners that did not qualify for
bank loans and were willing to hire an additional employee. Many of these small
businesses were start-ups and had little to no collateral.
When the City of Corpus Christi Interest Buy -Down Program first began in 2004, the initial
disbursement of loans was relatively slow; in the last quarter of 2004 and all of 2005
combined, ACCION Texas made only 14 buy -down loans. However, through the
implementation of an effective marketing campaign using TV and radio advertisements,
ACCION Texas has greatly increased the amount of loans disbursed through this program;
in 2007, ACCION disbursed 27 low- interest loans and in the first six months of 2008,
ACCION has disbursed 23 loans.
ACCION Texas expanded this successful program by obtaining an additional $50,000
in March 2008 for an interest buy -down program designated for existing businesses
interested in expanding.
The investment of $350,000 from the City of Corpus Christi would be leveraged with
ACCION Texas funds. The program for FY 08 -09 will utilize $200,000 for start-up and
existing businesses that have little or no access to traditional credit and $150,000 will be
used for existing businesses that wish to expand. Borrowers will continue to be evaluated
for their potential to create new permanent jobs as a result of access to reduced -cost
capital.
ACCION Texas will contribute $1.75 million in loan capital to this program. These loans
are projected to create 110 new jobs and generate over $1 million in new revenues in
the City of Corpus Christi.
Year
# of Loans
Loan Amount Disbursed
2004 (after Sept. 1)
4
$83,446
2005
10
$183,660
2006
14
$296,780
2007
27
$593,439
2008
26 (as of June 19)
$547,050
P f Ex andin Businp��ps (March — Juiy 2008
silo rogram or p
L
Year
g
# of Loans
Loan Amount Disbursed
2008
2
$60,615
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Page 1 of 3
A RESOLUTION
APPROVING A SMALL BUSINESS INCENTIVE AGREEMENT
BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB
DEVELOPMENT CORPORATION AND ACCIbN TEXAS, INC. FOR AN
INTEREST BUY -DOWN PROGRAM FOR SMALL BUSINESSES AND
AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A
SMALL BUSINESS INCENTIVE PROJECT SUPPORT AGREEMENT
WITH THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT
CORPORATION REGARDING IMPLEMENTATION AND
ADMINISTRATION OF THE ACCION TEXAS SMALL BUSINESS
INCENTIVE AGREEMENT
WHEREAS, the Corpus Christi Business and Job Development Corporation ( "4A
Board ") has budgeted funds to assist small business in Corpus Christi, Texas.
WHEREAS, in 2007, the 4A Board requested proposals and determined that the
proposal from ACCI6N Texas Inc. (ACCI6N Texas), best provided assistance for small
business support;
WHEREAS, on August 28, 2007, the City Council approved a agreement between the
4A Board and ACCI6N TEXAS to provide an interest buy -down program for small
business support;
WHEREAS, under the terms of the original agreement between the 4A Board and
ACCI6N TEXAS, the agreement could be extended for up to two additional one year
terms, contingent upon annual appropriation of funds;
WHEREAS, on March 11, 2008, the City Council approved an additional agreement
between the 4A Board and ACCI6N TEXAS to provide an interest buy -down program
for small business support that expanded upon and modified some of the terms in the
prior agreement;
WHEREAS, the latest agreement did not provide for the extension of the newest
agreement;
WHEREAS, ACCI6N Texas has requested an extension of the August 2007
agreement, with the incorporation of terms from the agreement March 2008 agreement;
WHEREAS, the 4A Board adopted a resolution that appropriated funds for and
authorized a one year extension of the agreement on June 16, 2008;
WHEREAS, City Council deems that it is the best interest of the City and citizens to
approve the first one year extension of that agreement; and
WHEREAS, there is a need for a small business incentive project support agreement
between the City of Corpus Christi ( "City ") and the 4A Board for the implementation and
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Page 2 of 3
administration of the business incentive agreement with ACCION TEXAS for an interest
buy -down program to assist small businesses in Corpus Christi.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the small business incentive agreement for an interest buy -down
program for small businesses between the 4A Board and ACCION TEXAS, which is
attached to this resolution as Exhibit A, is approved.
SECTION 2. That the City Manager, or designee, is authorized to execute a project
support agreement between the City and 4A Board for the implementation and
administration of the small business incentive agreement with ACCION TEXAS for an
interest buy -down program to assist small businesses in Corpus Christi, which is
attached to this resolution as Exhibit B.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa Henry Garrett
City Secretary Mayor
J .}., 21,3oD1
APPROVED as to form: July-11-7-205t
.l.' R. Jay Rein' g
V First Assistant City Attomey
For the City Attorney
—254—
Page 3 of 3
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
-255-
Res- AamtSmall &is- 4ABd- ACCIONaonroval- 07102008 2 em
SMALL BUSINESS INCENTIVE AGREEMENT BETWEEN THE CORPUS CHRISTI
BUSINESS AND JOB DEVELOPMENT CORPORATION AND ACCI6N TEXAS, INC.
FOR AN INTEREST BUY -DOWN PROGRAM FOR SMALL BUSINESSES
This Small Businesses Incentive Agreement for an Interest Buy -Down Program for
Small Businesses ( "Agreement ") is entered into between the Corpus Christi Business
and Job Development Corporation ( "Corporation ") and ACCI6N Texas, Inc., a Texas
nonprofit corporation ( "ACCI6N Texas ").
WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas
Revised Civil Statutes (Development Corporation Act of 1979) empowered local
communities with the ability to adopt an optional local sales and use tax as a means of
improving the economic health and prosperity of their citizens;
WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ( "City ")
passed Proposition 2, New and Expanded Business Enterprises, which authorized the
adoption of a sales and use tax for the promotion and development of new and
expanded business enterprises at the rate of one - eighth of one percent to be imposed
for 15 years;
WHEREAS, the 1 /8th cent sales tax authorized by passage of Proposition 2 was
subsequently enacted by the City Council and filed with the State Comptroller of Texas,
effective April 1, 2003, to be administered by the Corpus Christi Business and Job
Development Corporation Board;
WHEREAS, the Corpus Christi Business and Job Development Corporation exists for
the purposes of encouraging and assisting entities in the creation of jobs for the citizens
of Corpus Christi, Texas;
WHEREAS, the Board of Directors of the Corporation ( "Board "), on September 10,
2007, amended the Corporation's Guidelines and Criteria for Granting Business
Incentives;
WHEREAS, Section 21 of the Texas Development Corporation Act of 1979, Art. 5190.6,
Vernon's Texas Revised Civil Statutes, requires the City Council to approve all
programs and expenditures of the corporation;
WHEREAS, the City Council approved the Corporation's amended Guidelines and
Criteria for Granting Business Incentives on September 18, 2007;
WHEREAS, ACCI6N Texas is a Texas nonprofit corporation whose principal mission is
to provide loans to small business owners lacking access to commercial credit;
WHEREAS, ACCION Texas anticipates, over the next twelve months, providing interest
buy -down to 5.5% for approximately 69 loans with an average value of $25,000 to low
and moderate income micro and small business owners in Corpus Christi to generate
110 new permanent full -time jobs;
ACCLON Texas Agreement 08062006
Page 1 of 12
—256—
WHEREAS, the Board has determined that it is in the best interests of the citizens of
Corpus Christi, Texas that business development funds be provided to ACCION Texas,
through this contract with ACCION Texas, to be used by ACCION Texas to buy -down
the interest on commercial loans to 5.5% interest for small businesses and which will
result in creation of new full -time permanent jobs in the city of Corpus Christi.
In consideration of the covenants, promises, and conditions stated in this Agreement,
Corporation and ACCION Texas agree as follows:
1. Effective Date. The effective date of this Agreement ( "Effective Date ") is the latest
date that either party executes this Agreement.
2. Term. The term of this Agreement is for one year from August 1, 2008, through July
31, 2009. This agreement may be extended at the option of the Corporation for up to
two additional one year terms, contingent upon annual appropriation of funds and
approval of the City Council.
3. Loan Loss Reserve Program.
a. The Corporation has previously provided $75,000 for the Loan Loss Reserve
Program.
b. The Loan Loss Reserve Program funds will be used to allow ACCION Texas
to leverage additional capital for small business loans.
c. "Small business" is defined in the Corpus Christi Business & Job Development
Corporation Guidelines & Criteria for Granting Business Incentives ( "Corporation
Guidelines), adopted on May 5, 2003, and amended on July 24, 2004, April 25,
2006, and April 10, 2007.
d. ACCION Texas anticipates that it will have one million dollars available on an
annual basis to be lent to qualifying small businesses in Corpus Christi.
e. For every $50,000 in loans that ACCION Texas provides to a small business
in Corpus Christi, ACCION Texas shall ensure that the loan will result in the
creation of one new full -time permanent job in the city of Corpus Christi.
f. Businesses assisted must be located in or locating within the city limits of
Corpus Christi, Texas.
g. Businesses assisted must be unable to obtain a loan form traditional lending
institutions.
h. Loan amounts shall be within the range of $5,000 to $50,000.
i. ACCION Texas shall provide the Corporation with quarterly reports to identify
the loans made, name and address of business receiving loan, jobs created, and
other reports as requested by the Corporation.
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ACCION Texas Agreement 08062008
j. ACCI6N Texas shall provide the corporation with quarterly reports of capital
available for loans to qualified Corpus Christi small businesses or qualified small
businesses locating to Corpus Christi.
k. ACCI6N Texas will provide funds for operations and loan capital to implement
and sustain the program.
4. Interest Buy Down Program.
a. In consideration for creation and maintenance of new jobs as provided in this
Agreement, the Corporation agrees to pay ACCION Texas up to $350,000 for the
Interest Buy -Down Program as follows:
i. ACCI6N Texas must first receive a request for a loan from a small
business that has been in existence for not more than five (5) years
located in Corpus Christi, or a business locating in Corpus Christi
( "Business ").
ii. ACCI6N Texas shall review the request for a loan from the Business.
iii. Upon ACCION Texas approval of a loan, and prior to the closing of the
loan, ACCI6N Texas shall submit Attachment "A" to the Corporation
requesting funds to buy down the interest rate from the interest rate
allowable per the underwriting criteria to 5.5 %. The Corporation
authorizes an interest buy -down up to 7% of the interest rate to finance
the loan. Payment by Corporation shall not exceed $17,500 per loan and
shall be calculated using the following formula:
(Loan amount x interest rate to buy down to 5.5 %) / 12 = N
N x number of payments= interest buy down reimbursement to
ACCI6N Texas for business loan. (The number of monthly
payments shall not exceed sixty (60).)
Example: ($10,000 x 7 %) / 12 = 58.33
58.33 x 36 = $2,100 = amount to be reimbursed to ACCI6N Texas
for business loan.
iv. The Corporation shall provide a response to approve or deny the
reimbursement for the Interest Buy Down Program funds to ACCI6N
Texas within 2 business days of receipt of Attachment "A." The
Corporation shall reimburse funds within 30 days after evidence of closing
the loan is submitted.
v. The total funds available on an annual basis under the Interest Buy -
Down Program under this agreement is $350,000.
ACCION Texas Agreement 08062008
Page 3of12
—258—
b. The loans assisted with the program must be within the range of $5,000 to
$50,000.
c. This program must result in the creation of one permanent full -time job per
every loan assisted with the Interest Buy Down Program. ACCI6N Texas shall
ensure that the loan will result in the creation of one new full -time permanent job
in the city of Corpus Christi.
d. Businesses assisted through this program must be:
i. A start-up or existing small business that is unable to obtain a loan from
a traditional financial institution or unable to qualify for the total needed for
a business loan through a bank or credit union, in which case ACCI6N
Texas can loan the remaining amount with the buy -down interest rate
program in conjunction with the bank \credit union.
ii. An existing small business that needs assistance to expand.
iii. Any business assisted under the provisions of paragraphs i or ii of this
subsection, must be:
A. Located in or locating in Corpus Christi city limits.
B. A business or home -based business in existence for not more
than five (5) years located in the Corpus Christi city limits.
C. Current on payment of all sales taxes.
D. Current on payment of all ad valorem taxes in the City of
Corpus Christi.
e. The following projects are ineligible for this program:
i. Refinancing of existing loans or debt
ii. Businesses located outside the Corpus Christi city limits
iii. Home -based businesses located outside the Corpus Christi city limits
iv. Loans to existing businesses which are not planning on expanding
v. Business retention.
f. ACCI6N Texas may use up to $200,000 to assist start-up and existing small
businesses that have little or no access to traditional credit, and up to $150,000
to existing small businesses that wish to expand.
g. ACCI6N Texas shall provide the Corporation with quarterly reports as
provided in Attachment "B" to identify the loans made, name and address of the
Pan 8 of 12
ACCION Texas Agreement 08062008
business receiving the loan, jobs created under the Interest Buy -Down Program,
and other reports as requested by the Corporation.
h. ACCI6N Texas shall provide funds for operations and loan capital to
implement and sustain the program.
i. ACCI6N Texas shall develop loan underwriting criteria and payment terms
and conditions for its loan program and provide to the Corporation.
j. At the termination of this agreement and after repayment or other conclusion of
all loans assisted by Interest Buy Down Program, ACCI6N Texas will retum to
the Corporation any unexpended funds remaining from the Loan Loss Reserve
Program.
5. Job Creation Qualification.
a. In order to count as a created job under this Agreement, the job must pay
wages as required by Section 38(b) of the Development Corporation Act of 1979,
as amended, which is the median wage of the occupation in the Corpus Christi
MSA as determined by Texas Workforce Commission's Texas Industry Profiles
report.
b. A full -time permanent job is one that provides at least 2,080 hours annually.
c. ACCI6N Texas agrees to confirm and document to the Corporation that each
job created as a result of funding provided by this Agreement is maintained
throughout the term of the loan to the Business.
d. ACCI6N Texas agrees to provide Corporation with a sworn certificate by
authorized representative of each shall business assisted under this Agreement
certifying the number of full -time permanent employees employed by the small
business.
e. ACCI6N Texas shall ensure that the Corporation is allowed reasonable
access to personnel records of the small businesses assisted under this
Agreement.
6. Buy Local Provision.
a. ACCI6N Texas agrees to use its best efforts to give preference and priority to
local manufacturers, suppliers, contractors, and labor, except where not
reasonably possible to do so without added expense, substantial inconvenience,
or sacrifice in operating efficiency.
b. For the purposes of this section, the term "local" as used to describe
manufacturers, suppliers, contractors, and labor includes firms, businesses, and
persons who reside in or maintain an office within a 50- mile radius of Nueces
County.
2e5of12
ACCION Texas Agreement 08062008
7. Local Offices. Two staff persons of ACCI6N Texas offices shall be located in
Corporation designated offices or a mutually agreeable location.
8. Representation on ACCI6N Texas governing board. ACCI6N Texas agrees to
appoint a person designated by the Corporation as a member of ACCION Texas
governing board.
9. Warranties. ACCI6N Texas warrants and represents to Corporation the following:
a. ACCI6N Texas is a corporation duly organized, validly existing, and in good
standing under the laws of the State of Texas, has all corporate power and
authority to carry on its business as presently conducted in Corpus Christi,
texas.
b. ACCI6N Texas has the authority to enter into and perform, and will perform,
the terms of this Agreement.
c. ACCI6N Texas has timely filed and will timely file all local, State, and Federal
tax reports and returns required by laws to be filed and all Texas, assessments,
fees, and other governmental charges, including applicable ad valorem taxes,
have been timely paid, and will be timely paid , during the term of this
Agreement.
d. ACCI6N Texas has received a copy of the Texas Development Corporation
Act of 1979, Art. 5190.6, Vernon's Texas Revised Civil Statutes, and
acknowledges that the funds granted in this Agreement must be utilized solely for
purposes authorized under State law and by the terms of this Agreement.
e. If an audit determines that the funds were not used for authorized purposes,
ACCI6N Texas agrees to reimburse Corporation for the sums of money spent for
purposes not authorized by law within 30 days written notice requesting
reimbursement.
f. The parties executing this Agreement on behalf of ACCI6N Texas are duly
authorized to execute this Agreement on behalf of ACCI6N Texas.
10. Compliance with Laws. ACCI6N Texas shall observe and obey all applicable laws,
ordinances, regulations, and rules of the Federal, State, county, and city governments.
11. Non - Discrimination. ACCI6N Texas covenants and agrees that ACCI6N Texas
will not discriminate nor permit discrimination against any person or group of persons,
with regard to employment and the provision of services at, on, or in the Facility, on the
grounds of race, religion, national origin, marital status, sex, age, disability, or in any
manner prohibited by the laws of the United States or the State of Texas.
12. Force Majeure. If the Corporation or ACCION Texas are prevented, wholly or in
part, from fulfilling its obligations under this Agreement by reason of any act of God,
unavoidable accident, acts of enemies, fires, floods, governmental restraint or
Pa . of 12
ACCION Texas Agreement 08062008
regulation, other causes of force majeure, or by reason of circumstances beyond its
control, then the obligations of the Corporation or ACCION Texas are temporarily
suspended during continuation of the force majeure. If either party's obligation is
affected by any of the causes of force majeure, the party affected shall promptly notify
the other party in writing, giving full particulars of the force majeure as soon as possible
after the occurrence of the cause or causes relied upon.
13. Assignment. ACCION Texas may not assign all or any part of its rights, privileges,
or duties under this Agreement without the prior written approval of the Corporation and
City. Any attempted assignment without approval is void, and constitutes a breach of
this Agreement.
14. Indemnity. ACCION Texas covenants to fully indemnify, save,
and hold harmless the Corporation, the City, their respective officers,
employees, and agents ('lndemnitees ") against all liability, damage,
loss, claims demands, and actions of any kind on account of personal
injuries (including, without limiting the foregoing, workers'
compensation and death claims), or property loss or damage of any
kind, which arise out of or are in any manner connected with, or are
claimed to arise out of or be in any manner connected with ACCION
Texas activities conducted under or incidental to this Agreement,
including any injury, loss or damage caused by the sole or
contributory negligence of any or all of the lndemnitees. ACCION
Texas must, at its own expense, investigate all those claims and
demands, attend to their settlement or other disposition, defend all
actions based on those claims and demands with counsel
satisfactory to lndemnitees, and pay all charges of attorneys and all
other cost and expenses of any kind arising from the liability,
damage, loss, claims, demands, or actions.
15. Events of Default. The following events constitute a default of this Agreement:
a. Failure of ACCION Texas to timely, fully, and completely comply with any one
or more of the requirements, obligations, duties, terms, conditions, or warranties
of this Agreement.
b. The Corporation or City determines that any representation or warranty on
behalf of ACCION Texas contained in this Agreement or in any financial
statement, certificate, report, or opinion submitted to the Corporation in
connection with this Agreement was incorrect or misleading in any material
respect when made;
_P2gre7of12
ACCION Texas Agreement 08062008
c. Any judgment is assessed against ACCI6N Texas or any attachment or other
levy against the property of ACCI6N Texas with respect to a claim remains
unpaid, undischarged, or not dismissed for a period of 30 days.
d. ACCI6N Texas makes an assignment for the benefit of creditors.
e. ACCI6N Texas files a petition in bankruptcy, or is adjudicated insolvent or
bankrupt.
f. If taxes owed by ACCION Texas become delinquent, and ACCI6N Texas fails
to timely and properly follow the legal procedures for protest or contest.
g. ACCI6N Texas changes the general character of business as conducted of
the date this Agreement is approved by the Corporation.
16. Notice of Default. Should the Corporation or City determine that ACCI6N Texas is
in default according to the terms of this Agreement, the Corporation or City shall notify
ACCI6N Texas in writing of the event of default and provide 60 days from the date of
the notice ( "Cure Period ") for ACCI6N Texas to cure the event of default.
17. Results of Uncured Default. After exhausting good faith attempts to address any
default during the cure Period, and taking into account any extenuating circumstances
that might have occurred through no fault of ACCI6N Texas, as determined by the
Board of Directors of the Corporation, the following actions must be taken for any
default that remains uncured after the Cure Period.
a. ACCI6N Texas shall immediately repay all funds paid by Corporation under
this Agreement.
b. ACCI6N Texas shall pay Corporation reasonable attorney fees and costs of
court to collect amounts due to Corporation.
c. The Corporation shall have no further obligations to ACCI6N Texas under this
Agreement.
d. Neither the City nor the Corporation may be held liable for any consequential
damages.
e. The Corporation may pursue all remedies available under law.
18. No Waiver.
a. No waiver of any covenant or condition, or the breach of any covenant or
condition of this Agreement, constitutes a waiver of any subsequent breach of
the covenant or condition of the Agreement.
b. No waiver of any covenant or condition, or the breach of any covenant or
condition of this Agreement, justifies or authorizes the nonobservance on any
Paa # of 12
ACCION Texas Agreement 08062008
other occasion of the covenant or condition or any other covenant or condition of
this Agreement.
c. Any waiver or indulgence of ACCI6N Texas' default may not be considered
an estoppel against the Corporation.
d. It is expressly understood that if at any time ACCI6N Texas is in default in
any of its conditions or covenants of this Agreement, the failure on the part of the
Corporation to promptly avail itself of the rights and remedies that the
Corporation may have, will not be considered a waiver on the part of the
Corporation, but Corporation may at any time avail itself of the rights or remedies
or elect to terminate this Agreement on account of the default.
19. ACCI6N Texas specifically agrees that Corporation shall only be liable to ACCI6N
Texas for the actual amount of the money grants to be conveyed to ACCI6N Texas ,
and shall not be liable to ACCI6N Texas for any actual or consequential damages,
direct or indirect, interest, attorney fees, or cost of court for any act of default by
Corporation under the terms of this agreement. Payment by Corporation is strictly
limited to those funds so allocated, budgeted, and collected solely during the grant term
of this agreement, being August 1, 2008, through July 31, 2009. Corporation shall use
its best efforts to anticipate economic conditions and to budget accordingly. However, it
is further understood and agreed that, should the actual total sales tax revenue
collected for any one year be less than the total amount of grants to be paid to all
contracting parties with Corporation for that year, then in that event, all contracting
parties shall receive only their pro rata share of the available sales tax revenue for that
year, less Corporation's customary and usual costs and expenses, as compared to each
contracting parties' grant amount for that year, and Corporation shall not be liable to for
any deficiency at that time or at any time in the future. In this event, Corporation will
provide all supporting documentation, as requested. Payments to be made shall also
require a written request from ACCI6N Texas to be accompanied by all necessary
supporting documentation.
20. Notices.
a. Any required written notices shall be sent mailed, certified mail, postage
prepaid, addressed as follows:
ACCI6N Texas:
ACCI6N Texas
Attn.: Janie Barrera
2014 Hackberry
San Antonio, Texas 78210
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ACCION Texas Agreement 08062008
Corporation:
City of Corpus Christi
Business and Job Development Corporation
Attn.: Executive Director
1201 Leopard Street
Corpus Christi, Texas 78401
b. A copy of all notices and correspondence must be sent the City at the
following address:
City of Corpus Christi
Attn.:City Manager
P.O. Box 9277
Corpus Christi, Texas 78469 -9277
c. Notice is effective upon deposit in the United States mail in the manner
provided above.
21. Incorporation of other documents. The Corpus Christi Business and Job
Development Corporation Guidelines and Criteria for Granting Business Incentives
( "Corporation Guidelines "), as amended, are incorporated into this Agreement.
22. Amendments or Modifications. No amendments or modifications to this Agreement
may be made, nor any provision waived, unless in writing signed by a person duly
authorized to sign agreements on behalf of each party.
23. Relationship of Parties. In performing this Agreement, both the Corporation and
ACCION Texas 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.
24. Captions. The captions in this Agreement are for convenience only and are not a
part of this Agreement. The captions do not in any way limit or amplify the terms and
provisions of this Agreement.
25. Severability.
a. If for any reason, any section, paragraph, subdivision, clause, provision,
phrase or word of this Agreement or the application of this Agreement to any
person or circumstance is, to any extent, held illegal, invalid, or unenforceable
under present or future law or by a final judgment of a court of competent
jurisdiction, then the remainder of this Agreement, or the application of the term
or provision to persons or circumstances other than those as to which it is held
illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it
is the definite intent of the parties to this Agreement that every section,
ACCION Texas Agreement 08062008
Page 10 of 12
—265—
paragraph, subdivision, clause, provision, phrase, or word of this Agreement be
given full force and effect for its purpose.
b. To the extent that any clause or provision is held illegal, invalid, or
unenforceable under present or future law effective during the term of this
Agreement, then the remainder of this Agreement is not affected by the law, and
in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or
provision, as similar in terms to the illegal, invalid, or unenforceable clause or
provision as may be possible and be legal, valid, and enforceable, will be added
to this Agreement automatically.
26. Venue. Venue for any legal action related to this Agreement is in Nueces County,
Texas.
27. Sole Agreement. This Agreement constitutes the sole agreement between
Corporation and ACCION Texas. Any prior agreements, promises, negotiations, or
representations, verbal or otherwise, not expressly stated in this Agreement, are of no
force and effect.
28. Survival of terms of agreement and obligations of parties. The terms of this
agreement and the obligation of the parties relating to the Loan Loss Reserve Program
and the Interest Buy Down Program shall survive the termination of this agreement.
Corpus Christi Business & Job Development Corporation
By:
Date:
Attest:
By:
Eloy Salazar
Chairperson
Armando Chapa
Assistant Secretary
ACCION Texas Agreement 08062008
Page 11 of 12
—266—
ACCION Texas, Inc.
By:
Janie Barrera
President and Chief Executive Officer
Date:
THE STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on , 2008, by
Janie Barrera, President and Chief Executive Officer for ACCION Texas, Inc., a Texas
non - profit corporation, on behalf of the corporation.
Notary Public
State of Texas
ACCION Texas Agreement 08062008
Page 12 of 12
—267—
SMALL BUSINESS INCENTIVE PROJECT SUPPORT AGREEMENT
This Small Business Incentives Project Support Agreement ( "Project Support
Agreement ") is entered into between the Corpus Christi Business and Job Development
Corporation ( "Corporation ") and the City of Corpus Christi, Texas ( "City").
WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas
Revised Civil Statutes (Development Corporation Act of 1979) empowered local
communities with the ability to adopt an optional local sales and use tax as a means of
improving the economic health and prosperity of their citizens;
WHEREAS, on November 5, 2002, residents of the City passed Proposition 2, New and
Expanded Business Enterprises, which authorized the adoption of a sales and use tax
for the promotion and development of new and expanded business enterprises at the
rate of one - eighth of one percent to be imposed for 15 years;
WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 was
subsequently enacted by the City Council and filed with the State Comptroller of Texas,
effective April 1, 2003, to be administered by the Corporation's Board of Directors;
WHEREAS, the Corporation exists for the purposes of encouraging and assisting
entities in the creation of jobs for the citizens of Corpus Christi, Texas;
WHEREAS, the Board of Directors of the Corporation ( "Board "), on September 10,
2007, amended the Corporation's Guidelines and Criteria for Granting Business
Incentives;
WHEREAS, Section 21 of the Texas Development Corporation Act of 1979, Art. 5190.6,
Vemon's Texas Revised Civil Statutes, requires the City Council to approve all
programs and expenditures of the Corporation;
WHEREAS, the City Council approved the Corporation's amended Guidelines and
Criteria for Granting Business Incentives on September 18, 2007;
WHEREAS, ACCI6N Texas has submitted a proposal to the Corporation for $350,000
for an interest buy -down program for small businesses in Corpus Christi;
WHEREAS, the Board has determined that it is in the best interests of the citizens of
Corpus Christi, Texas, to fund the ACCI6N Texas interest buy -down program; and
WHEREAS, the Corporation and ACCI6N Texas have executed a small business
incentive project agreement for an interest buy -down program for small businesses.
In consideration of the covenants, promises, and conditions stated in this Project
Support Agreement, the Corporation and the City agree as follows:
1. Project Support Agreement to Implement Business Incentives Agreement.
This Project Support Agreement between the City and the Corporation is executed to
- 26Bage 1 of 3
ACCION Proiect Su000rt Agreement 4A-Citv 07102008
implement the Small Business Incentive Agreement for an Interest Buy -Down Program
for Small Businesses between the Corporation and ACCION Texas ( "Small Business
Incentive Agreement ").
2. Term. The term of this Project Support Agreement runs concurrently with the term
of the Small Business Incentive Agreement.
3. Services to be Provided by City.
a. The City Manager, or the City Manager's designee, shall administer funding
on behalf of the Corporation.
b. The City Manager, or the City Manager's designee, shall perform contract
administration responsibilities outlined in the Small Business Incentive
Agreement for the Corporation.
4. Appropriation of Funds. Any future payments by the City are subject to
appropriation of funds by City's Council.
5. Effective Date. The effective date of this Project Support Agreement is the latest
date that either party executes this Agreement.
6. Amendments or Modifications. No amendments or modifications to this Project
Support Agreement may be made, nor any provision waived, unless in writing signed by
a person duly authorized to sign agreements on behalf of each party.
7. Severability.
a. If for any reason, any section, paragraph, subdivision, clause, provision,
phrase or word of this Project Support Agreement or the application of this
Project Support Agreement to any person or circumstance is, to any extent, held
illegal, invalid, or unenforceable under present or future law or by a final
judgment of a court of competent jurisdiction, then the remainder of this Project
Support Agreement, or the application of the term or provision to persons or
circumstances other than those as to which it is held illegal, invalid, or
unenforceable, will not be affected by the law or judgment, for it is the definite
intent of the parties to this Project Support Agreement that every section,
paragraph, subdivision, clause, provision, phrase, or word of this Project Support
Agreement be given full force and effect for its purpose.
b. To the extent that any clause or provision is held illegal, invalid, or
unenforceable under present or future law effective during the term of this Project
Support Agreement, then the remainder of this Project Support Agreement is not
affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or
provision, a clause or provision, as similar in terms to the illegal, invalid, or
unenforceable clause or provision as may be possible and be legal, valid, and
enforceable, will be added to this Project Support Agreement automatically.
—e2of3
ACCION Project Support Agreement 4A -City 07102008
8. Captions. The captions in this Project Support Agreement are for convenience only
and are not a part of this Project Support Agreement. The captions do not in any way
limit or amplify the terms and provisions of this Project Support Agreement.
The City of Corpus Christi Corpus Christi Business &
Job Development Corporation
George K. Noe Eloy Salazar
City Manager Chairperson
Date: Date:
Attest
Armando Chapa
City Secretary
Approved as to Legal Form this 11th day of July, 2008.
R. Jay Reining
First Assistant City Attorney
for City Attorney
_ 2 7Uage 3 of 3
ACCION Project Support Agreement 4A -City 07102008
20
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: August 12, 2008
AGENDA ITEM: Resolution supporting Calixas Holdings LLC endeavor to
establish operations in the Coastal Bend Area and to obtain State and Federal
funding.
ISSUE: To support economic efforts for the Coastal Bend Area by limiting the
negative effects of the closure of Naval Station Ingleside.
PREVIOUS COUNCIL ACTION: None
CONCLUSION AND RECOMMENDATION: Staff recommends approval of a
resolution supporting Calixas Holdings LLC efforts to establish operations in the Coastal
Bend Area and to obtain State and Federal funding.
Irma Caballero
Director of EconomicDevelopment
—273—
BACKGROUND INFORMATION
Background
Calixas Holdings LLC is a yacht manufacturing company that is planning to
construct a new state- of- the-art $30 million facility in Ingleside. This new
250,000 square foot operation will be a design, construction and refit facility
employing approximately 400 full time employees within the first 36 months of
operation with an average annual salary of $51,000. Over the first 120 months of
operation, Calixas has a goal of employing over 1,000 (direct and indirect jobs)
with a cumulative payroll over $300,000,000. Jobs will range from professional,
engineering, design, technical, instrumentation and electrical, mechanical,
welding, metal and wood fabrication, finishing, service and maintenance, sales
and marketing, and administration.
The new facility will be comprised of over 250,000 square feet of design,
engineering and administration offices, a distance - learning equipped training
center, enclosed fabrication, assembly, paint and finishing buildings.
Calixas is a company built on a foundation of talented naval architects, engineers
and seasoned business leaders who are committed to expanding what is
currently a very successful organization and is seeking local support in acquiring
state and /or federal funding for the project.
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Page 1 of 2
RESOLUTION SUPPORTING CALIXAS HOLDINGS LLC ENDEAVOR TO ESTABLISH
OPERATIONS IN THE COASTAL BEND AREA AND TO OBTAIN STATE AND
FEDERAL FUNDING.
Whereas, closure of Naval Station Ingleside will adversely affect the Corpus Christi region;
Whereas, Calixas Holdings LLC, maker of Calixas yachts, (Calixas), desires to construct
and operate a state -of- the -art facility in the Coastal Bend area, comprised of over 250,000
square feet of design, engineering, and administration offices, distance - teaming equipped
training center, enclosed fabrication, assembly, paint and finish buildings;
Whereas, Calixas expects to employ over 400 full time employees over 36 months with
average annual salary of $51,000, create over 500 (direct and indirect) jobs over 60
months, and over 1,000 jobs over 120 months;
Whereas, said jobs will include engineering, design, technical, instrumentation and
electrical, mechanical, welding, metal and wood fabrication, finishing, service and
maintenance, sales and marketing and administration; and
Whereas, such jobs and construction will result in Calixas payroll of approximately $3
million dollars and an investment of approximately $30 million in the Coastal Bend area;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CORPUS CHRISTI,
TEXAS:
SECTION 1. The Corpus Christi City Council supports Calixas' endeavor to establish
operations in the Coastal Bend area, and supports Calixas' endeavor to obtain State and
Federal funding.
SECTION 2. The City Council authorizes the City Manager or his designee to send a copy
of this Resolution to the State and Federal offices from which Calixas seeks to obtain
funding for its operations in the Coastal Bend area.
SECTION 3. This Resolution shall become effective immediately upon its passage.
ATTEST: CITY OF CORPUS CHRISTI, TEXAS
Armando Chapa
City Secretary
Approved this August 5, 2008.
Lisa Aguilar,sistant City Attorney
For City Attorney
Henry Garrett
Mayor
—275—
Page 2 of 2
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
-276-
21
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: Auqustl2, 2008
SUBJECT:
Funding recommendations for the FY2008 Corpus Christi Business and Job Development
Corporation Affordable Housing Program.
AGENDA ITEM:
A. Resolution authorizing the Corpus Christi Business and Job Development Corporation to
execute an affordable housing project agreement with City of Corpus Christi, in the maount
of $150,000 for home buyer assistance, and authorizing the City Manager, or designee, to
execute an affordable housing project service agreement with the Corpus Christi Business
and Job Development Corporation regarding implementation and administration of the
affordable housing project agreement between Corporation and the City of Corpus Christi.
B. Resolution authorizing the Corpus Christi Business and Job Development Corporation to
execute an affordable housing project agreement with Nueces County Community Action
Agency, in the amount of $25,000 for affordable housing programs marketing campaign, and
authorizing the City Manager, or designee, to execute an affordable housing project service
agreement with the Corpus Christi Business and Job Development Corporation regarding
implementation and administration of the affordable housing project agreement between
Corporation and Nueces County Community Action Agency.
C. Authorizing the Corpus Christi Business and Job Development Corporation to execute an
affordable housing project agreement with Nueces County Community Action Agency, in the
amount of $200,000 for home buyer assistance, and authorizing the City Manager, or
designee, to execute an affordable housing project service agreement with the Corpus
Christi Business and Job Development Corporation regarding implementation and
administration of the affordable housing project agreement between Corporation and
Nueces County Community Action Agency.
D. Resolution authorizing the Corpus Christi Business and Job Development Corporation to
execute an affordable housing project agreement with City of Corpus Christi, in the amount
of $32,500 for reimbursement of support services provided to 4A affordable housing
programs, and authorizing the City Manager, or designee, to execute an affordable housing
project service agreement with the Corpus Christi Business and Job Development
Corporation regarding implementation and administration of the affordable housing project
agreement between Corporation and City of Corpus Christi.
E. Resolution authorizing the Corpus Christi Business and Job Development Corporation to
execute an affordable housing project agreement with Vanguard Hall Consulting Firm, Inc.,
in the amount of $180,000 for home buyers assistance, and authorizing the City Manager, or
designee, to execute an affordable housing project service agreement with the Corpus
Christi Business and Job Development Corporation regarding implementation and
administration of the affordable housing project agreement between Corporation and ,
Vanguard Hall Consulting, Firm, Inc.
F. Resolution authorizing the Corpus Christi Business and Job Development Corporation to
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execute an affordable housing project agreement with Habitat for Humanity— Corpus Christi,
Inc., in the amount of $160,000 for new home construction, and authorizing the City
Manager, or designee, to execute an affordable housing project service agreement with the
Corpus Christi Business and Job Development Corporation regarding implementation and
administration of the affordable housing project agreement between Corporation and Habitat
for Humanity— Corpus Christi, Inc.
G. Resolution authorizing the Corpus Christi Business and Job Development Corporation to
execute an affordable housing project agreement with Coastal Bend Center for Independent
Living, in the amount of $80,000 for Home of Your Own Program, and authorizing the City
Manager, or designee, to execute an affordable housing project service agreement with the
Corpus Christi Business and Job Development Corporation regarding implementation and
administration of the affordable housing project between Corporation and Coastal Bend
Center for Independent Living.
H. Resolution authorizing the Corpus Christi Business and Job Development Corporation to
execute an affordable housing project agreement with Catholic Charities of Corpus Christi,
Inc., in the amount of $56,000 for homebuyer education and counseling program, and
authorizing the City Manager, or designee, to execute an affordable housing project service
agreement with the Corpus Christi Business and Job Development Corporation regarding
implementation and administration of the affordable housing project agreement between
Corporation and Catholic Charities of Corpus Christi, Inc.
I. Resolution authorizing the Corpus Christi Business and Job Development Corporation to
execute an affordable housing project agreement with Corpus Christi Community
Development Corporation, in the amount of $225,000 for a new home construction project,
and authorizing the City Manager, or designee, to execute an affordable housing project
service agreement with the Corpus Christi Business and Job Development Corporation
regarding implementation and administration of the affordable housing project agreement
between Corporation and Corpus Christi Community Development Corporation.
ISSUE:
The City of Corpus Christi published a request for proposals for the Corpus Christi Business and
Job Development Corporation (4A Board) Single - Family Affordable Housing Projects on April 7,
2008 with a deadline of May 1, 2008. The City of Corpus Christi received seventeen (17)
applications, with fifteen (15) being deemed eligible in response to the Request for Proposals.
Under the 2008 Request for Proposals (RFP) an organization had the option of submitting a
proposal(s) in the form of a grant or loan under any one or all of the eight categories: New
Construction; Land Acquisition; HomebuyerAssistance; Infrastructure Development; Construction /
Development Requirements (Infill Housing); Green Building Concepts; Rehabilitation Loans;
Housing Counseling Services; and other.
Additionally, in order to be considered a responsive proposal, the applicant must submit the
proposal in a format to include: a transmittal letter, a brief list of qualifications and experience; a
narrative of capabilities; RFP acknowledgement form; a project proposal narrative; and a disclosure
of interests form.
A pre - proposal conference was held on April 17, 2008 in the City Hall, City Council Chambers to
review the requirements of the RFP, the application process, and answer any related questions by
the applying organizations.
The first phase of the evaluation included the review of all seventeen (17) proposals by City Staff
and representatives of the 4A Board. Fifteen (15) of the seventeen (17) proposals met the
mandatory response format as outlined and required by the RFP. Each proposal was also reviewed
for application of the adopted 4-A Affordable Housing Program goals.
-28-
The next phase of the evaluation consisted of a brief oral interview with each of the applying
organizations to acquire further information on the proposed projects regarding the purpose for the
funding assistance, the leveraging of the funds, number of households /homebuyers to be assisted,
dollar amount of assistance to be provided to each household, and the project time frame.
The final evaluation and rating of the proposals was conducted by a panel of city staff based on the
following criteria:
Experience, maximum value 25 %;
Leveraging of other funds with 4A funds, maximum value 25 %;
Number of households to be assisted, maximum value 30 %;
Dollar amount of assistance provided each household, maximum value 10 %; and
Time frame for project, maximum value 10 %.
On June 16, 2008 a presentation and funding recommendations were made by city staff to the
Corpus Christi Business and Job Development Corporation (4A Board) with final action taken on
July 9, 2008.
FUNDING RECOMMENDATIONS:
The Corpus Christi Business and Job Development Corporation and city staff recommend the
funding of nine (9) projects in the total amount of $1,108,500 for the 4A 2008 Affordable Housing
Program.
Recommendations for the funding are as follows: (The funding amounts recommended may include
alternative recommendations for the use of the 4A funding.
Organization
Category
Amount
Requested
Amount
Recommended
1.
City of Corpus Christi —
Neighborhood Services Department
Home Buyer
Assistance
$150,000
(Grant)
$150,000
(Grant)
2.
Nueces County Community Action Agency
Other — Marketing
$25,000
(Grant)
$25,000
(Grant)
3.
Nueces County Community Action Agency
Home Buyer
Assistance
$200,000
(Grant)
$200,000
(Grant)
4.
City of Corpus Christi —
Neighborhood Services Department
Other — Administration
$27,500
(Grant)
$32,500
(Grant)
5.
Vanguard Hall Consulting —
Evergreen Concepts
New Construction
Land Acquisition
Home Buyer Asst.
Green Building
Counseling
$150,000
$513,000
$450,000
$150,000
$100,000
(Grant)
$180,000
(Grant)for Home
Buyer Assistance
($20,000 for 9
Home Buyers)
6.
Habitat for Humanity
Corpus Christi
New Construction
$360,000
(Grant)
$160,000
(Grant) for New
Construction
($40,000 for 4
homes in 2008-
2009)
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Organization
Category
Amount
Requested
Amount
Recommended
7.
Coastal Bend Center for Independent
Living
Counseling
Home Buyer
$9,770
$125,560
(Grant)
$80,000
(Grant) for
Homebuyer
Assistance
($20,000 for 4
Home Buyers)
8.
Catholic Charities Corpus Christi
Housing Counseling —
Marketing
$56,000
(Grant)
$56,000
(Grant)
9.
Corpus Christi Community Development
Corporation
Land Acquisition
Construction
Development Fees
Green Building
Housing Counseling
$375,000
$15,000
$22,500
$18,000
(Grant)
$225,000
(Grant) towards
Land
Acquisition,
Construction/
Development
Fees, and Green
Building
Concepts
($25,000 for 9
homes)
10.
Corpus Christi Housing Authority
Other — Demolition
$378,183
(Grant)
$0
11.
Corpus Christi Housing Authority
Land Acquisition
$750,000
(Grant or Loan)
$0
12.
City of Corpus Christi — Development
Services Department
Other — Housing Needs
Assessment
$30,000
(Grant)
$0
13.
RH Shackelford / Tom Forrest
Not defined
Not defined
Not eligible
14.
Mays Construction
New Construction
Not defined
Not eligible
15.
Sherlock Homes
Green Building
Concepts
$487,200
(Grant)
$0
Rejected offer of
$60,000 (Grant)
16.
Sherlock Homes
Land Acquisition
Other -
$200,000
$300,000
(Grant)
$0
17.
Heaven Builders
Home Buyer
Assistance
$100,000
(Grant)
$0
TOTALS
$5,080,213.
$1,108,500.
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Funding Available:
2005 $ 16,000 re- programmed funds
2005 $100,000 re- programmed funds
2007 $500,000 annual sales tax allocation
2008 $500,000. annual sales tax allocation
Total Funds Available: $1,116,000.
(Amount does not represent interest)
RECOMMENDATIONS OVERVIEW:
The proposed recommendations for the FY2008 Affordable Housing Program accomplish and
provide for the following:
• Meet the requirements as outlined in the Request for Proposals as developed and approved
by city staff and the 4A Board.
• Satisfy the Goals and Strategies adopted by the 4A Board for the Affordable Housing
Program with the desired results to increase affordable housing opportunities for stable
families to live in quality housing on a long -term basis.
• Expanded the eligible housing project categories to include green building concepts,
rehabilitation services, housing counseling, housing program marketing,
construction /development services, land acquisition, home buyer assistance, and new
construction.
• Maximized the funding available to provide affordable housing opportunities to over 100
eligible home buyers, housing counseling for 300 Corpus Christi residents, support for the
promotion of the local affordable housing programs through a marketing campaign, and
support for the administration of the respective proposed affordable housing programs.
REQUIRED COUNCIL ACTION:
The funding recommendations for the Corpus Christi Business and Job Development Corporation's
Affordable Housing Projects for FY2008 require the approval of the City Council for all 4A programs
and expenditures as established by the Section 21 of Article 5190.6 Texas Revised Civil Statues.
PREVIOUS COUNCIL ACTION:
No previous action has been taken by the City Council on the FY2008 4A Affordable Housing
Program recommendation. The 4A Board approved the FY2008 4A Affordable Housing Program
funding recommendations at their June 16, 2008 regular meeting and took final action on July 9,
2008 during a special called meeting.
City Council approved 4A Affordable Housing Programs for FY 2003 -2004, FY2004 -2005, and
FY2005 -2006.
CONCLUSION AND RECOMMENDATION:
City staff recommends the City Council's approval of the FY2008 Affordable Housing Projects as
presented by city staff for the Corpus Christi Business and Job Development Corporation.
—283-
Respectfully submitted,
r
borhood Services Department
Morales Haag
uheinA. ) e . Rau
Margie . Rose
Assistant City Manager
Community Services
ATTACHMENTS:
• Summary of the 17 proposed affordable housing projects submitted and recommendations
for funding.
• Presentation for funding recommendations
• Affordable Housing Goals /Strategies
• Affordable Housing Projects Update 2003 -2006
-284-
BACKGROUND INFORMATION
I. Background
On November 5, 2002, residents of the City of Corpus Christi passed Proposition 2, New and
Expanded Business Enterprises, which authorized the adoption of sales and use tax for the
promotion and development of new and expanded business enterprises at the rate of one -eight of
one percent to be imposed for 15 years. In the same election, the residents of the City passed
Proposition 2B, Affordable Housing, which authorized the use of a portion of the sales and use tax
approved under Proposition 2B for affordable housing, up to $500,000 annually, so long as there
are projects for which the amount can reasonably be used.
The 1/8th cent sales tax authorized by passage of Proposition 2 and allocated under Proposition
2B for affordable housing was subsequently enacted by the City Council and filed with the State
Comptroller for Texas, effective April 1, 2003, to be administered by the Corpus Christi Business
and Job Development Corporation's Board of Directors (4A Board).
The City's 4A Board is responsible for managing the use of the funds. The Board conducted
several public meetings in order to receive public input from citizens as to the type of affordable
housing that may be needed in the community. A decision was made and approved by the Board
to use the funds for individually owned single - family affordable housing.
The City's 4A board of Directors voted on March 17, 2008, to issue a "Request for Proposal" for
the 2007 -2008 fiscal year, and solicit proposals that provide individually owned affordable single -
family housing opportunities.
II. Project Concept
Proposals involving the creation of individually owned single - family housing units that qualify as
affordable housing.
Affordable Housing:
Texas Revised Civil Statues, Article 5190.6, Section 3(c) includes promotion of the development
and expansion of affordable housing as defined by 42 USC 12745 as a projects eligible for the
expenditure of economic development sales tax funds (4a funds). This Statute basically provides
qualification or restrictions on housing to assure that the housing retains the "affordable"
characteristic:
Housing that is for homeownership qualifies as affordable if:
(1) The initial purchase price does not exceed 95% of the median purchase price for the area,
with adjustments for differences in the structure, such as single - family, new or old housing;
(2) The home is the principal residence of an owner whose family qualifies as a low -
income family (determined at the time of purchase);
(3) The home is subject to resale restrictions to provide for resale to qualifying persons with a
fair return to the owner and investment made to make the home affordable, and
(4) If the home is newly constructed, it meets energy efficiency standards.
(5) Rehabilitation of affordable housing requires that sufficient safeguards be placed on the
funding to assure that the housing remains affordable with definition of 42 USC 12745.
-285-
Proposals must be for affordable single - family home ownership units designed to assist low and
moderate income households. Persons assisted must be residents of the City of Corpus Christi;
and must meet the following HUD income guidelines:
Revised 3121/07 Income limits are estebtished by inm and are
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INCOME LIMITS (80% OF MEDIAN INCOME )
FAMILY
SIZE
1
2
3
4
5
6
7
8
ANNUAL
INCOME
27000
30850
34700
38550
41650
44700
47800
50900
Revised 3121/07 Income limits are estebtished by inm and are
-286-
Corpus Christi Business and Job Development Corporation
Affordable Housing Projects - 2008 Program
Proposed Project Summary
The following summaries represent the original proposals by each organization The funding amounts
recommended may include additional or alternative recommendations by city staff for use of the 4A
funding.
1. Citv of Corpus Christi. Neighborhood Services Department
Category: Homebuyer Assistance
Amount Requested: $150,000 (Grant)
Amount Recommended: $150,000 (Grant)
Goal/Strategy: Goal 2
Funding Leverage: 4A funds will be leveraged with HUD HOME Program funds.
NSD receives an average of $200,000 through this HUD
funded homebuyer program and assists approximately 40
homebuyers.
Number of Households
Assisted: 60 Households to be assisted
Time Frame: 12 Months
Project Brief: NSD is requesting $150,000 in the form of a grant and proposes to provide
$2,500 in 4A funds as a match to its current $5,000 Homebuyer Assistance Program. The $2,500 in
4A funds will be combined with $2,500 in HOME funds for a total assistance of $5,000. The $5,000
will be provided in the form of a Deferred Forgivable Loan that will be used by the homebuyer for
closing costs and down payment assistance in the purchase of an existing single - family house.
2. Nueces County Community Action Agency
Category: Other — Marketing
Amount Requested: $25,000 (Grant)
Amount Recommended: $25,000 (Grant)
Goal/Strategy: Goal 2
Funding Leverage: 4A funds will be leveraged and matched with the advertising
vendors to utilize the NeighborWorks America Public Service
Announcement (PSA) foreclosure prevention campaign, 888 -HOPE.
Possible 17,000 low to moderate income residents in the City of
Corpus Christi.
12 months
Number of Households
Assisted:
Time Frame:
Project Brief: NCCAA is requesting $25,000 in the form of a grant for a marketing campaign
to create awareness among the approximately 17,000 low to moderate income residents Christi who
may qualify for the affordable single - family housing programs or services such as homebuyer
education and credit counseling within the City of Corpus Christi. Through this marketing endeavor
NCCAA hopes to promote affordable housing projects city wide and refer families to projects or
homebuyer services which suit their needs. The campaign will be a year long endeavor targeting low
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to moderate income census areas. The billboards and bus benches will be strategically located to
maximize exposure to individuals at 80% or below the Area Median Income (AMI). Project signs
will be placed on construction sites to promote "Affordable Housing Project in Progress" especially in
the Infill Revitalization area and in the CAP Estates Subdivision. Ads will run in publications such as
the Caller Times Sunday Homes, Del Mar College's Foghorn, and Texas A &M University - Corpus
Christi's Island Waves.
3. Nueces Counts, Community Action Agency
Category: Homebuyer Assistance
Amount Requested: $200,000 (Grant)
Amount Recommended: $200,000 (Grant)
GoaUStrategy: Goal 2
Funding Leverage: NCCAA will leverage in excess of $9.2 million in public and
private financing to provide 99 low and moderate income working
families with their own home. Secured HOME funds in the sum of
$691,604 to assist 40 of the 57 homes in Unit 2. Extreme Homes of
Texas will provide direct assistance to 6 homebuyers from a previous
4A grant, leaving 11 homebuyers without assistance.
Number of Households
Assisted: Eleven (11) Households to be assisted
Time Frame: 12 months
Project Brief: NCCAA is requesting $200,000 in the form of a grant for 11 families at 80%
or below Area Median Income (AMI) with Down Payment and Closing Cost Assistance in Phase II of
CAP Estates II Subdivision located in the southwest Corpus Christi at Holly Road and Martin Street.
The assistance will be utilized for closing costs and to buy down the purchase price of a home. All
homes will have the sale price of $85,000 or below, be a 3 bedroom, 2 baths, 1 car garage, and a
minimum 1,086 square foot living space home constructed on an R -1B lot with a minimum of 6,500
square foot of land. The proposal includes a partnership between the City of Corpus Christi, Corpus
Christi Community Development Corporation, NeighborWorks America, private home builders, and
NCCAA.
4. City of Corpus Christi, Neighborhood Services Department
Category: Other — Administration
Amount Requested: $27,500 (Grant)
Amount Recommended: $32,500 (Grant)
Goal/Strategy: Goal 2
Funding Leverage: The proposal would eliminate the necessity to hire staff to administer
the 4A Affordable Housing Programs. The opportunity to utilize
existing, experience, and trained Housing Services staff members to
administer these program is a resourceful strategy and beneficial use of
4A funds.
Number of Households
Assisted: Estimated 100+ Home Buyers
Time Frame: 12 months
Project Brief: NSD is requesting $27,500 in the form of a grant and proposes administrative
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services to support various programs that are funded through the Corpus Christi Business and Job
Development Corporation (4A Board) Affordable Housing Programs. NSD Housing Division staff is
funded at 100% by federal funds through the Department of Housing and Urban Development's
(HUD) Community Development Block Grants (CDBG). All staff funded by HUD CDBG is
regulated to provide services primarily for HUD programs and within CDBG eligible areas. It is
necessary to reimburse the Housing Services staff time spent on the processing and administering of
4A Affordable Housing Programs. NSD Housing staff has been providing a variety of administrative
services to support 4A Affordable Housing Programs proposed by other non -profit and for profit
organizations. In addition, the staff provides support for the programs proposed by the City of
Corpus Christi to leverage HUD CDBG and HOME program funds.
5. Vanguard Hall — Evergreen Concents
Category: New Construction, $150,000; Land Acquisition,
$513,000; Home Buyer Assistance, $450,000; Green
Building, $150,000; and Homebuyer Counseling,
$100,000
Amount Requested: $1,363,000 (Grant)
Amount Recommended: $180,000 (Grant) for Home Buyer Assistance ($20,000 for
9 Home Buyers)
Goal 1, Goal 2 & Goal 4
Vanguard Hall proposes to leverage / match 4A funds with
private funds of $150,000 for new "green" construction
Goal/Strategy:
Funding Leverage:
Number of Households
Assisted:
Time Frame:
Nme (9) Home Buyers
12 to 18 months
Project Brief: Vanguard Hall proposes the development of a new subdivision and
construction of affordable single- family homes with the creation of 85 lots. Vanguard proposes to
purchase land located in the area of Navigation Boulevard and Bear Lane for this affordable housing
development. Vanguard proposes new "Green" construction to include Structural Insulated Panels
(SIPS), Radiant Barriers, Solar Screens, and Energy Efficient Appliances. Four (4) floor plans are
available which include 1140 -1250 square feet and will be offered at the sale price of $85,000 to
$95,000. 4A funding will be utilizing for home buyer assistance at $20,000 for 9 home buyers toward
down payment and closing costs.
6.
Category:
Amount Requested:
Amount Recommended:
Habitat for Humanity
Goal/Strategy:
Funding Leverage:
New Construction
$360,000 (Grant)
$160,000 (Grant) for New Construction ($40,000 for 4 homes in
2008 -2009)
Goals 1,2,3 &4
Habitat for Humanity proposes to leverage the 4A funds with
funding from partnerships with individuals, churches, businesses,
community organizations, financial institutions, sales from the HFH
ReStore and the home owner's monthly payments.
Number of Households
Assisted: Four (4) Households to be assisted
—289—
Time Frame: One (1) year
Project Brief: Habitat for Humanity Corpus Christi requests funding in the amount of
$360,000 in the form of a grant for the new construction of nine (9) homes over a three -year period.
This request would provide $40,000 for construction of each of the nine households. Each house
constructed will be approximately 1,200 square feet depending on family size. The number of
bedrooms will be from two to three, and the number of bathrooms from one to two depending on the
family needs. The cost of each house will range from $60,000 to $65,000. Two (2) different floor
plans are available for the two and three bedroom homes. The houses are to be built in the City of
Corpus Christi Model Block Program area and other designated neighborhood revitalization areas
7. Coastal Bend Center for Independent Living ( CBCIL)
Category: Counseling, $9,770 and Homebuyer Assistance, $125,560
Amount Requested: 5135,330 (Grant)
Amount Recommended: $80,000 (Grant) for Homebuyer Assistance ($20,000 for 4 Home
Buyers)
GoaUStrategy: Goals 2 & 3
Funding Leverage: CBCIL proposes to leverage $71,268 ASSET Member Benefit
Contribution from the AmeriCorps Program, and leverage $20,000
home modifications as needed by individual households through the
CBCIL RAMP project.
Number of Households
Assisted: Four (4) families with disabilities
Time Frame: Two (2) years
Project Brief: Coastal Bend Center for Independent Living (CBCIL) requests 4A Board
funds in the amount of $135,330 in the form of a grant to establish counseling and assistance for
persons with disabilities under 80% median income to become homeowners through the Home of
Your Own and the ASSET *AmeriCorps programs. This request will assist four (4) eligible
individuals/families with disabilities to become homeowners under the HOYO Program, and reach 60
individuals/families with disabilities in a promotional effort over a two -year period. Homes to be
purchased will be located within the City of Corpus Christi at the preference of the homeowner.
CBCIL proposes to utilize 4A funds ($9,770) to cover a portion of the benefits for each AmeriCorps
volunteer working in the ASSET Program for counseling services they will provide to the potential
home owners. CBCIL proposes to utilize 4A funds ($125,560) to provide home buyer assistance in
the form of down payment and closing costs in the amount of $20,000 per individual home buyer.
CBIL also proposes to provide certified housing counseling for the four home buyers at $22,780
total.
8. Catholic Charities
Category:
Amount Requested:
Amount Recommended:
Goal/Strategy:
Funding Leverage:
Corpus Christi
Other — Housing Counseling
$56,000 (Grant)
$56,000
Goal 2
Catholic Charities of Corpus Christi proposes to leverage 4A
funds with established funds from HUD /Catholic Charities USA
$45,000, Kenedy Memorial Foundation $17,000, Diocese of Corpus
—290—
Christi Subsidy $15,121, CHRISTUS Health Funds $75,000, and Bank
of America Foundation $5,000.
Number of Households
Assisted: 300 Housing Counseling clients
Time Frame: 12 months
Project Brief: Catholic Charities of Corpus Christi requests 4A funds in the amount of
$56,000 in the form of a grant to provide homeownership education, financial literacy, guidance, and
one -on -one counseling to families and/or individuals through the City of Corpus Christi with an
emphasis on foreclosure prevention and mortgage delinquencies by offering workshops, one -on -one
counseling, advocating to lenders for better terms and better loan products. Catholic Charities
proposes to utilize the 4A funds to add one additional Housing Counselor for one year. Catholic
Charities is committed to an additional 300 clients and offer 12 additional workshops to 300
participants in English and four (4) workshops to 30 participants in Spanish. This program provides
services to low and moderate income families including those living about a 100% of the Federal
Poverty Guideline.
9. Corpus Christi Community Development Corporation ( CCCDC)
Category: Land Acquisition, $375,000; Construction/Development
Fees, $15,000; Green Building Concepts, $22,000;
Housing Counseling, $18,000
Amount Requested: $430,500 (Grant)
Amount Recommended: $225,000 (Grant) toward Land Acquisition,
Construction/Development Fees, and Green Building
Concepts ($25,000 for 9 homes)
Goal/Strategy: Goals 1, 2, 3 & 4
Funding Leverage: CCCDC proposes to leverage 4A funds with Corporation shareholder
invested funds of $350,000 and HUD HOME funds for down payment
assistance
Number of Households
Assisted: Nine (9) Home buyers/Families
Time Frame: Two years and six months (August 1, 2008 to February 2011
Project Brief: Corpus Christi Community Development Corporation (CCCDC) requests 4A
funds in the amount of $430,500 in the form of a grant to construct 15 single - family homes and assist
families of low income to purchase the homes by acquiring the land for the homebuyer, incorporating
energy efficient features in the construction of the homes for sustainability, providing education to the
families in Pre and Post homeownership in areas such as credit management, delinquency prevention
and budgeting. Families will also receive education in minor home repairs. This request also includes
the buy down of development services fees associated with construction to keep construction costs
lower. CCCDC proposes to purchase 15 lots for single - family new affordable home construction and
the location is to be determined at an approximate cost of $25,000 per lot. CCCDC is a recipient of
HOME funds and will provide families with down payment assistance in the form of a forgivable loan
in the amount of $13,000 to $20,000 to families of low to moderate income. This proposal provides
for the use of lower down payment assistance, thus helping more families at 60% and 50% Area
Median Income (AMI) as deemed by HUD standards. This proposal also provides education which is
critical to the homeowner's success in homeownership and provides energy efficiency which
promotes sustainability for families to afford their mortgage and utility expenses.
—291—
10. Corpus Christi Housing Authority (CCHA)
Category: Other — Demolition
Amount Requested: $378,183 (Grant)
Amount Recommended: SO
Goal/Strategy: Goals 1 & 3
Funding Leverage: CCHA proposes to leverage 4A funds for this project with both public
and private funds, along with the Housing Authority Section 8 Program
for home ownership. Cooperative community interest to assist the
CCHA enhances other funding measures necessary to secure State and
Federal funds. Tax Credit Program and home buyer assistance
programs are available to assist.
Number of Households
Assisted: 30 families
Time Frame: 16 to 18 months
Project Brief: The Corpus Christi Housing Authority (CCHA) requests 4A funding in the
amount of $378,183 in the form of a grant for the demolition of four (4) structures as a pre - requisite
for the development of affordable singe family town homes. CCHA has planned the redevelopment of
the "ARMADAS," in a seventy (70) acre land tract located between Ayers and Port Street and
bounded by Home Depot and Arlington Street. As part of the plan, land acquisition is also necessary.
This specific proposal is for the preparation of approximately 31/4 acres within this planned
redevelopment, zoned for general business (B4) which current has four (4) existing dilapidated retail
buildings requiring demolition. The total estimated cost of demolition includes remediation for
contaminated materials.
11. Corpus Christi Housing Authority
Category: Land Acquisition
Amount Requested: $750,000 (Grant or Loan)
Amount Recommended: SO
Goal/Strategy: Goals 1 & 3
Funding Leverage: CCHA proposes to leverage 4A funds for this project with both public
and private funds, along with the Housing Authority Section 8 Program
for home ownership. Cooperative community interest to assist the
CCHA enhances other funding measures necessary to secure State and
Federal fonds. Tax Credit Program and home buyer assistance
programs are available to assist.
Number of Households
Assisted: 30 households to be assisted with 4A funds
Time Frame: Three (3) months for land acquisition, and 18 months for the
full development of the project.
Project Brief: Corpus Christi Housing Authority (CCHA) is requesting 4A funds in the
amount of $750,000 in the form of a grant or loan for land acquisition for the redevelopment of the
"ARMADAS," a seventy (70) acre land tract located between Ayers and Port Streets, and bounded
by Home Depot and Arlington Street. The proposed plan of the "ARMADAS" has been prepared by
Professional Planners which illustrate a comprehensive assessment of required property improvements
—292—
for this project. The plan begins from a nine (9) acre open area, adjoining Port Avenue. As new
housing is created in the nine (9) acre area, relocation of people from the existing La Armanda 11 can
occur, building demolition can evolve, and new housing can be built. The full project is estimated to
be completed within an eight to ten year time frame. Specifically for this proposal, the 4A funds
would be utilized to purchase approximately 3 'A acres, zoned for general business (B4), consisting of
four (4) dilapidated retails buildings requiring demolition. The site is proposed for approximately 30
affordable single family town homes, consisting of diversified home ownership types, and diversity of
town home designs with patios, covered parking, guest parking, sound attenuation, and ADA
accessibility compliance.
12. City of Corpus Christi, Development Services Department
Category: Other — Housing Needs Assessment
Amount Requested: $30,000 (Grant)
Amount Recommended: $0
Goal/Strategy: Goals 1, 3 & 4
Funding Leverage: NA
Number of Households
Assisted: City of Corpus Christi population 295,594
Time Frame: Five (5) months
Project Brief: City of Corpus Christi Development Services requests 4A funds in the amount
of $30,000 in the form of a grant to commission a Housing Needs Assessment. Currently, there is no
information available which project the number of housing units needed by income level. Such a
study would help to establish a priority for housing programs and provide the justification for the
private sector investment in housing targeted to an income range. With projects (studies) such as the
Comprehensive Plan, Area Development Plans, Future Land Use, and the Unified Development Code,
housing analysis is needed to prioritize which areas are most likely to support housing growth based
on the number of units and the cost of housing. This proposed study of housing needs analysis will
focus on existing housing conditions, affordability, special needs, analysis of wages, rental housing,
household characteristics, housing stock characteristics, employment, prominent local housing needs,
housing preferences, and housing projections and future needs. The goal of this study is to create a
projection of housing needs by income. The study will quantify the need for housing for the next 20
years for each area Development Plan District and or census tract within the city. This project would
be completed by a consultant to the city with assistance from the Development Services Department.
Deliverables would include a documented report and a presentation to the 4A Board, Planning
Commission, and City Council.
13. RH Shackelford, Inc. (Not Eligible by RFP requirements)
Category: Not Defined
Amount Requested: Not Defined
Amount Recommended: The proposal byRHShackelforr4 Inc. did not meettherequireinents
outlined by the RFP and is not eligible for 4A funding.
Goal/Strategy: Goals 1, 3 & 4
Funding Leverage: RH Shackelford Inc., proposes to leverage 4A funds with other public
and private funding
Number of Households
Assisted: Not Defined
—293—
Project Brief: RH Shackelford, Inc. proposes a comprehensive project to assist residents and
the City of Corpus Christi by building neighborhoods that provide new, individually owned single -
family homes (New Construction), parks, plazas and other amenities (Land Acquisition), transit
facilities and improved utilities (Infrastructure Development), efficient use of existing infrastructure
(Infill Housing), high - quality housing that is energy efficient and sustainable (Green Building
Concepts), and job creation.
14. Mays Construction (Not Eligible by RFP requirements)
Category: New Construction
Amount Requested: Not Defined
Amount Recommended: The proposal by Mays Construction did not meet the requirements
outlined by the RFP and is not eligible for 4A funding.
Goal/Strategy: Goals 1, 3 & 4
Funding Leverage: Not Defined
Number of Households
Assisted: Not Defined
Project Brief: Mays Construction proposes to build homes for $87,500 on owner lot. Mays
Construction will comply with city, engineer, windstorm codes and will incorporate green building
concepts as permitted by the City codes. The price of $87,500 is subject to change due to purchase
price of the lot.
15. Sherlock Homes
Category:
Amount Requested:
Amount Recommended:
Goal/Strategy:
Funding Leverage:
(Reiected Funding Recommendation)
Green Building Concepts
$487,200 (Grant)
$60,000 (Grant) for Homebuyer Assistance ($20,000 for 3 Home
Buyers)
Goals 1,3 &4
Sherlock Homes proposes to match the requested amount of
$487,200 with a line of credit from local banks for any funds
needed beyond the expenditure of the grant.
Number of Households
Assisted: Seven (7) home buyers / families to be assisted
Time Frame: 24 months
Project Brief: Sherlock Homes requests 4A funds in the amount of $487,200 in the form of a
grant to build seven (7) demonstration homes which will demonstrate the advantages of Structural
Insulated Panels (SIPS) construction and other energy saving materials when used in Corpus Christi.
One house will be a control house with two bedrooms and two bathrooms in 1,008 square foot plan.
Two houses will be one story SIPS houses, one of these houses with two bedrooms and two
bathrooms in 1,800 square foot plan; and the other house with three bedrooms and two bathrooms in
a 1,296 square foot plan. Two houses will be one - and -one half story SIPS houses, one with three
bedrooms and two bathrooms in a 1,536 square foot plan; and one with four bedrooms and three
bathrooms in 1728 square foot plan. Two houses will be two story SIPS houses, one with three
bedrooms and two V2 bathrooms in a 1,440 square foot plan; and the other with five bedrooms and
four bathrooms in a 1,728 square foot plan. Sherlock Homes proposes that 80% of the 4A funds
requests will be used to subsidize the buyers purchase prices and repay interest on the loans. The
—294—
other 20% will be reserved for administration of the grant project. Any remaining funds will be used
to build more houses until the subsidy money is expended. Each household will be receive between
$5,000 and no more than $53,000 depending on income levels of the buyer and actual cost of each
house.
16. Sherlock Homes
Category:
Amount Requested:
Amount Recommended:
Goal/Strategy:
Funding Leverage:
Number of Households
Assisted:
Time Frame:
Land Acquisition, 5200,000; and Other, 5300,000
$500,000 (Grant)
50
Not Applicable
Not Define
100 homeless persons
Not Defined
Project Brief: Sherlock Homes requests 4A funds in the amount of $500,000 in the form ofa
grant to develop living quarters for homeless people. Sherlock Homes proposes to purchase acreage
of undeveloped land, fence it, and add electric, water, and wastewater services to approximately 100
pad sites. Sherlock Homes would also purchase older model RV, motor homes, and buses and place
them on this site. The exteriors and interiors would be stripped of unnecessary features or equipment,
such as motors, seats, and converted to living quarters for homeless people.
17. Heaven Builders
Category:
Amount Requested:
Amount Recommended:
Goal/Strategy:
Funding Leverage:
Number of Households
Homebuyer Assistance
$100,000 (Grant)
50
Goal 2
Line of Credit with Charter Bank on Navigation Road
Assisted: Three (3) Home Buyers in CAP Estates Unit 11
Time Frame: 90 to 120 Days
Project Brief: Heaven Builders requests 4A funds in the amount of $100,000 in the form of a
grant to provide home buyer assistance to three (3) families to purchase homes in the CAP Estates
Unit II, Phase II, and Subdivision. The homes will be built within 90 to 120 days after financing has
been approved. Heaven Builders proposes three (3) different floor plans to include three bedrooms,
two bathrooms, a carport and brick front with all plans over 1,300 square feet. The cost ofthe homes
will not exceed $85,000.
—295—
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Corpus Christi Business and Job Development Corporation
Affordable Housing
Goals and Strategies
2006
The following Affordable Housing goals, strategies, and activities were developed
through a series of facilitated meetings that involved various representatives from
development, real estate, general business, and the community at- large. This
planning effort identified the activities In the City and Region on which to focus
time, resources, and attention of the Corpus Christi Business and Job
Development Corporation (4A- Board) and City administration.
This developed listing of Goals and Strategies will provide specific guidelines and
strategic actions and tasks that will be used as an evaluation tool for the annual
award of allocated Affordable Housing funds made available through the 118th
cent sales tax initiative.
The 4A Board should establish specific performance targets with each annual
funding allocation and utilize these developed goals and strategies in an annual
review to ensure completion of funded projects per proposals and timelines.
An annual review and update of the Goals and Strategies will be provided to the
4A Board.
DESIRED RESULTS FOR AFFORDABLE HOUSING:
To increase affordable housing opportunities for stable families to live in
quality housing on a long -tern basis
1
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GOAL 1: Increase the availability of affordable, accessible, and fair
housing by sponsoring and supporting relative legislation,
regulation, and policy that would provide a direct benefit to the
homebuyer:
STRATEGY 1.1 Utilize resources/funding available for affordable housing
programs to supplement the fees associated with
infrastructure/construction costs and thus providing an
economic incentive to builders and a direct benefit to
homebuyers by sustaining affordability.
TASK 1.A Support Building Codes for cost effective construction (e.g.
the omission of garages and allowing single - loaded
driveways in affordable housing construction, and reducing
the costs of development/construction fees associated with
affordable housing projects)
TASK 1.B Support Development Codes and Zoning Regulations (e.g.
platting, allowing alternative housing in residential zoned
districts)
TIME FRAME: On -going with the initiation of these efforts in October 2006
RESPONSIBLE ORGANIZATIONS:
City of Corpus Christi, Development Services, Planning
Commission, City Council, Association of General
Contractors, Builders Association, Coastal Bend Council of
Govemments Affordable Housing Committee
EXPECTED OUTCOMES:
To attract and retain builders for the construction of
affordable housing and securing the price of affordable
housing by deducing the construction and development
costs and streamlining permitting processes.
GOAL 2: horsing by rothinpurchase ��� �is�n potential home buyers:
housing by pro ng
STRATEGY 2.1
TASK 2.A
Provide purchase /payment assistance to potential
homebuyers
Support programs that provide assistance for homebuyers to
buy down interest rates on affordable housing loans/
mortgages
2
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TASK 2.B Support programs that provide assistance for homebuyers
with down payment and closing costs on affordable housing.
TASK 2.0 Support programs and services that reduce loan amounts on
affordable housing
TIME FRAME: On -going
RESPONSIBLE ORGANIZATIONS:
4A Board, City of Corpus Christi Community Development,
Corpus Christi Community Development Corporation, City
Council, Coastal Bend Council of Governments, Community
Housing Development Organizations (CHDO), Private and
Public Financial Institutions, Non -Profit Housing Counseling
Organizations, and Real Estate Industry
EXPECTED OUTCOMES:
To increase homeownership for single - family residence. To
contribute to the overall revitalization and quality of life in
existing neighborhoods.
GOAL 3: Concentrate efforts for affordable housing in target locations
STRATEGY 3.1
TASK 3.A
TASK 3.B
STRATEGY 3.2
TASK 3.0
STRATEGY 3.3
TASK 3.D
Support and prioritize infill housing projects in existing
neighborhoods
Increase the inventory of foreclosed residential Tots for
increased infill housing projects
Review and identify vacant lots for potential purchase
for infill and neighborhood revitalization projects. Utilize
foreclosed property at City cost.
Support rehabilitation projects/programs/services in existing
neighborhoods
Continue to provide low interest / forgivable loans and
grants to homeowners for emergency, minor and major
rehabilitation projects.
Support new development/construction of affordable housing
projects.
Continue to support the completion of established affordable
housing new development/construction
3
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TIME FRAME: On -going
RESPONSIBLE ORGANIZATIONS:.
City of Corpus Christi, Nueces County, Private and Public
Financial Institutions, Non -profit Housing Counseling
Organizations, Community Housing Development
Organizations, Corpus Christi Community Development
Corporation
EXPECTED OUTCOMES:
To increase home ownership of single - family residence in
established neighborhoods. To increase home ownership of
single - family residence in new developments. To improved
the overall quality of life in existing neighborhoods.
GOAL 4: To increase the participation and availability of Builders,
Manufacturers, and Suppliers for affordable housing
projects
STRATEGY 4.1 Support the use of industrialized (modular) and other
alternative housing in existing neighborhoods.
TASK 4.A Research and solicit qualified builders, manufacturers, and
suppliers of alternative housing products.
TASK 4.B Solicit the support of Economic Development Agencies, the
Association of General Contractors and the Builders
Association for affordable housing construction alternatives
TIME FRAME: On -going with the initiation of the research to begin
November 2006
RESPONSIBLE ORGANIZATIONS:
City of Corpus Christi, Coastal Bend Council of
Govemments Affordable Housing Committee, and
Community Housing Development Organizations (CHDOs),
Associations of Builders and Contractors
EXPECTED OUTCOMES:
The availability of affordable housing options will be
increased and varied.
4
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COASTAL BEND COUNCIL OF GOVERNMENTS
AFFORDABLE HOUSING COMMITTEE
GOALS AND STRATEGIES
GOAL 5.1 INCREASE THE AVAILABLITY OF AFFORDABLE, ACCESSIBLE
AND FAIR HOUSING BY PROMOTING HOME OWNERSHIP IN THE
REGION
TASK: Develop a network of representatives from the private and public
sectors to work together to create affordable housing opportunities
for first -time homebuyers and/or low -to- moderate income families
TIME FRAME: On -going
RESPONSIBLE ORGANIZATIONS: Private and Public Financial Institutions,
Public Entities(Counties, Cities, CBCOG),
Real Estate Industry, Non - profit Housing
Counseling Organizations, CHODs and
Advocacy Organizations
EXPECTED OUTCOMES: The availability of affordable homes and an
Increase in the number of qualified homebuyers
TASK: Conduct a needs assessment of the availability of affordable
housing in the Region to help address immediate and long -term
affordable housing solutions
TIME FRAME: 2-4 Years
RESPONSIBLE ORGANIZATIONS: CBCOG Affordable Housing Committee,
Private Non - profits, Cities, Counties,
Community Action Agencies
EXPECTED OUTCOMES: Data will be available to support the need for
additional affordable housing programs for the
whole Region.
TASK: Promote regional coordination of affordable housing efforts through
local partnerships and formal collaboration
TIME FRAME: On -going
RESPONSIBLE ORGANIZATIONS: CBCOG Affordable Housing Committee,
Private and Public Financial Institutions,
Public Entities, Real Estate Industry,
Public Housing Authorities, Non -profit
Housing Counseling Organizations,
CHDOs, and Advocacy Organizations
EXPECTED OUTCOMES: Communities will coordinate efforts to meet
1
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affordable housing needs and experience
increased resources as a result
TASK: Identify and support rental housing options that can lead to home
Ownership for low and very low income individuals and families
TIME FRAME: On -going
RESPONSIBLE ORGANIZATIONS: CBCOG Affordable Housing Committee, .
Public Housing Authorities, Non - profit
Housing Counseling Organizations, Public
Entities, Private and Public Financial
Institutions, Housing Developers and
Housing Management Agencies
EXPECTED OUTCOMES: Affordable and decent rental housing optlons for
low and very low Income individuals and families
will be supported by public policy and funding
opportunities
GOAL 5.2 INCREASE THE AVAILABILITY OF AFFORDABLE, ACCESSIBLE
AND FAIR HOUSING BY PROVIDING EDUCATION, INFORMATION
AND OUTREACH ABOUT FAIR HOUSING AND OTHER LAWS THAT
PERTAIN TO ACCESSIBILITY
TASK: Provide education and training on Fair Housing Act, Section 504,
Americans with Disabilities Act and Texas Accessibility Standards
to covered .entities and all segments of Coastal Bend communities
TIME FRAME: On -going
RESPONSIBLE ORGANIZATIONS: Public Entities, Private and Public
Financial Institutlons, CBCOG Affordable
Housing Committee, Real Estate Industry,
Housing Developers and Management,
Public Housing Authorities, Non - profit
Housing Counseling Organizations,
CHDOs, and Advocacy Organizations
EXPECTED OUTCOMES: Coastal Bend communitles will increase the
availability of accessible, affordable and fair
housing to covered entitles
TASK: Support enforcement of Fair Housing Act other laws pertaining to
accessibility
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TIME FRAME: On -going
RESPONSIBLE ORGANIZATIONS: Public Housing Authorities, Public
Entitles, Advocacy Organizations,
Non - profit Housing Counseling
Organizations, Housing Managers, Real
Estate Industry, Private and Public
Financial Institutions
EXPECTED OUTCOMES: Coastal Bend communities will be in compliance
with Fair Housing and other laws pertaining to
accessibility
GOAL 5.3 INCREASE THE AVAILABIITY OF AFFORDABLE, ACCESSIBLE
AND FAIR HOUSING BY SUPPORTING A COLLABORATIVE
NETWORK OF AGENCIES AND INDIVIDUALS TO ADDRESS
REGIONAL HOUSING GROWTH AND DEVELOPMENT AND
AFFORDABILITY
TASK: Create capacity within the CBCOG's Affordable Housing Committee
framework to develop public - private partnerships at local and
regional levels , and to assist in the development of region wide
planning
TIME FRAME: On -going
RESPONSIBLE ORGANIZATIONS: The CBCOG Board and Member
Agencies of the Affordable Housing
Committee, consisting of Public Entities,
Advocacy Organizations, Non -profit
Housing Counseling Organizations, Public
Housing Authorities, Housing Managers,
Real Estate Industry, Private and Public
Financial Institutions and Educational
Institutions
EXPECTED OUTCOMES: The CBCOG Affordable Housing Committee will
develop capacity to materially and globally
Influence regional economic development
TASK: Promote the development of public policy to address the affordable
housing needs of all segments of the communities in the Coastal
Bend Region
TIME FRAME: On -going
3
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RESPONSIBLE ORGANIZATIONS: Member of the CBCOG Affordable
Housing Committee , individually and
collectively
EXPECTED OUTCOMES: Public policy will support development of
affordable housing and increase opportunities
for all segments of all Coastal Bend communities
to obtain housing
TASK: Support an Increase in the number and capacity of non - profit
developers through the development of additional Community
Housing Development Organizations (CHDOs)
TIME FRAME: On -going
RESPONSIBLE ORGANIZATIONS: CBCOG Affordable Housing Committee,
Public Entities, Non- profit Organizations
and Advocacy Organizations
EXPECTED OUTCOMES: The expansion of affordable housing options and
opportunities will be achieved through the
development in the Coastal Bend Region of non-
profit Community Housing Development
Organizations
GOAL 5.4: INCREASE THE AVAILABILITY OF AFFORDABLE, ACCESSIBLE
AND FAIR HOUSING BY IDENTIFYING THE HOUSING NEEDS AND
BARRIERS OF FAMILIES AND INDIVIDUALS, INCLUDING PERSONS
WITH DISABILITIES OF ALL AGES, WHO ARE AT OR BELOW THE 60
PERCENT OF THE AREA MEDIAN INCOME, AND IDENTIFY EXISTING
HOUSING STOCK AVAILABLE TO THIS POPULATION
TASK: Conduct a regional needs assessment to identify the barriers that
prevent individuals and families who are at or below the 60 percent
median income from obtaining decent, affordable and accessible
housing In safe and healthy communities
TIME FRAME: 1- 2 Years
RESPONSIBLE ORGANIZATIONS: CBCOG Affordable Housing Committee,
Public Entities, Educational Institutions
and Community Organizations
EXPECTED OUTCOMES: Establishment of a regional data base to
document the need to increase affordable
housing options for individuals and families
4
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who are under 60 percent median income
TASK: Conduct a regional survey of existing housing stock available to
individuals and families below the area 60 percent median Income
which Identifies and rates factors such as condition, geographic
location, public amenities and compliance with housing laws
TIME FRAME: 1 - 2 Years
RESPONSIBLE ORGANIZATIONS: CBCOG Affordable Housing Committee,
Public Entitles, Community Organizations
and Educational Institutions
EXPECTED OUTCOMES: Establish a regional database of existing housing
stock available to individuals and families at or
below 60 percent median income, that is rated by
acceptable housing standards for healthy, safe
neighborhoods
TASK: Utilize the results of the needs assessment and surveys to develop
short and long range plans and strategies to address barriers and to
support implementation of affordable housing options for people at
or below 60 percent median income
TIME FRAME: 2- 4 Years
RESPONSIBLE ORGANIZATIONS: CBCOG Affordable Housing Committee,
Public Entitles, Community Organizations
and Educational institutions
EXPECTED OUTCOMES: Coastal Bend communities will be in a better
position to address the Affordable Housing needs
of for the targeted population
Vi EVALUATION OF THE PLANNING PROCESS
The goals, strategies, and activities were developed through several meetings
that involved representatives from across the Region. This regional planning
effort identified the activities in the Region on which to focus time, resources and
attention of the CBCOG. The CEDS is updated every year. This year's plan will
provide specific outcomes for the strategic actions and tasks that will be used as
an evaluation tool for the planning activities. These measurements will be used to
guide the development of strategies next year.
5
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• S,m
4A Affordable Housing Program
Background
• On November 5, 2002 residents of the City of Corpus Christi passed
Proposition 2B — authorizing the use of sales and use tax approved for
and development le Housing f new and expanded, busin ssnt sales tax for promotion
• Proposition 2B authorized up to $500,000 annually for 15 years to be used
for affordable housing projects, so long as there are projects for which the
amount can reasonably be used.
• The 1 /8th cent sales tax for promotion and development of new and
expanded business was enacted effective April 1, 2003 and administered by
the Corpus Christi Business and Job Development Corporation (4A Board).
• The 4A Board decided to use of individually owned s ngle -family funds for the affordable housing. tion and development
• 9 Affordable Housing projects have been funded since 2003 for a total of
$1,500,000
2
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•
4A Affordable Housing Program
Project Concept
• Proposals involving the creation of individually owned single - family housing
units that qualify as affordable housing
• Affordable Housing: Texas Revised Civil Statues, Article 5190.6 Section
3(c) includes promotion of the development and expansion of affordable
housing as defined by 42 USC 12745 as a project eligible for the
expenditure of economic development sales tax funds (4A funds).
• Affordable Characteristics:
Purchase price does not exceed 9516 of the median purchase price for the area
Horne Is the principal residence of the owner whose family qualifies as low —
income
Resale restriction to qualifying persons with fair return to owner and investments
made to keep home affordable
Meets energy efficiency standards
Rehabilitation of housing with safeguards to assure that the housing remains
affordable
s
■ :.
4A Affordable Housing Program
Project Concept
• Proposals must be for affordable single - family home
ownership units designed to assist low and moderate
income households. Persons assisted must be residents
of the City of Corpus Christi; and must meet the
established HUD income guidelines.
Income Limits (80% of Median Income)
Family
Size
1
2
3
4
5
6
7
8
Annual
Income
27,000
30,850
34,700
38,550
41,650
44,700
47,800
50,900
4
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Request for Proposal Process
• Request for Proposals (RFP)
Published — April 7, 2008
Deadline — May 1, 2008
• Received 17 applications with 15 applications
deemed eligible in response to RFP
• Pre - Proposal Conference — April 17, 2008
5
Evaluation and Rating Process
• All 17 proposals reviewed by City Staff and 4A
Board Members —15 of the 17 proposals met
the mandatory response format required by the
RFP
• All reviewed for application of 4A Affordable
Housing Program Goals /Strategies
• Brief oral interview with each of the proposing
organizations
6
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•
Evaluation and Rating Process
• Final evaluation and rating of the proposals conducted
by city staff
• Based on established criteria:
Experience, maximum value 25%
Leverage of other funds with 4A funds, maximum value 25%
Number of households to be assisted, maximum value 30%
Dollar amount of assistance provided each household, maximum
value 10%
Time frame for project, maximum value 10%
7
•
Project Categories
• Eligible Project Categories:
1. New Construction
2. Land Acquisition
3. Homebuyer Assistance
4. Infrastructure Development
5. Construction /Development Requirements
(Infill Housing)
6. Green Building & Energy Efficiency Concepts
7. Rehabilitation Loans
8. Housing Counseling Services
9. Other
B
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• :._.
Project Recommendations
• June 16 & July 9, 2008 — 4 -A Board approved
projects for the FY2008 Affordable Housing
Program
• Recommendations for projects by city staff with
amendments proposed by the 4A Board for the
funding of 9 projects in the total about of
$1,108,500.
9
•
Project Recommendations
Organization
City of Corpus Christi
Nueces County
Community Action
Agency
Nueces County
Community Action
Agency
City of Corpus Christi
Category
Homebuyer Assistance
Other — Marketing
Homebuyer Assistance
Other — Program
Service Support
Amount
Requested
$150,000
$25,000
$200,000
$27,500
Amount
Recommended
$150,000
$25,000
$200,000
$32,500
10
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•
Project Recommendations
Category
Amount
Requested
Organization
Category
Amount
Requested
Amount
Recommended
Vanguard Hall
Consulting
New Construction,
Land Acquisition,
Homebuyer Asst,
Green Building,
Counseling
$150,000
$513,000
$450,000
$150,000
$100,000
$1,363,000.
$180,000
(Grant) for
Homebuyer Asst.
($20 000 for 9
Homebuyers)
Habitat for Humanity
New Construction
$360,00
$160,000
($40,000 for 4
homes)
Coastal Bend
Center for
Independent Living
Counseling
Homebuyer
$9,770
$125,560
$80,000
(Grant) for
Homebuyer Asst.
($20,000 for 4
Homebuyers) „
Land,
Construction /Devel
opment fees &
•
Project Recommendations
Organization
Category
Amount
Requested
Amount
Recommended
Catholic Charities
Housing Counseling
$56,000
$56,000
Corpus Christi
Corpus Christi
Land Acquisition
$375,000
$225,000
Community
Development
Corporation
Construction
Development Fees
$15,000
Land,
Construction /Devel
opment fees &
Green Building
Green Building
Housing Counseling
$22,500
Concepts
$18,000
($25,000 for 9
homes)
12
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•
4A Funding Available
• 2005 $ 16,000
• 2005 $100,000
• 2007 $500,000
• 2008 $500,000.
re- programmed funds
re- programmed funds
annual sales tax allocation
annual sales tax allocation
• Total Funds Available: $1,116,000.
(Amount does not represent interest)
13
• r
Recommendation Overview
Proposed recommendations for the FY2008
Affordable Housing Program accomplish and
provide for the following:
• Meet the requirements outlined in the RFP as developed
and approved by city staff and the 4A Board.
• Satisfy the Goals and Strategies adopted by the 4A
Board for the Affordable Housing Program with the
desired results to "Increase affordable housing
opportunities for stable families to live in quality housing
on a long -term basis."
14
—314—
•
Recommendation Overview
• Expanded the eligible housing project categories to
include: green building concepts; rehabilitation services;
housing counseling; housing program marketing;
construction /development services; land acquisition;
home buyer assistance; and new construction.
• Maximized the funding available to provide: affordable
housing opportunities to over 100 eligible home buyers;
housing counseling for 300 Corpus Christi residents;
support for the promotion of the local affordable housing
programs through a marketing campaign; and support
for the administration of the respective proposed
affordable housing programs.
15
•
RECOMMENDATION
• City staff recommends the City Council's
approval of the FY2008 Affordable
Housing Projects as presented by city staff
for the Corpus Christi Business and Job
Development Corporation.
16
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QUESTIONS
17
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Page 1 of 2
RESOLUTION
AUTHORIZING THE CORPUS CHRISTI BUSINESS AND JOB
DEVELOPMENT CORPORATION TO EXECUTE AN
AFFORDABLE HOUSING PROJECT AGREEMENT WITH CITY
OF CORPUS CHRISTI, IN THE AMOUNT OF $150,000, FOR
HOME BUYER ASSISTANCE, AND AUTHORIZING THE CITY
MANAGER, OR DESIGNEE, TO EXECUTE AN AFFORDABLE
HOUSING PROJECT SERVICE AGREEMENT WITH THE
CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT
CORPORATION REGARDING IMPLEMENTATION AND
ADMINISTRATION OF THE AFFORDABLE HOUSING PROJECT
AGREEMENT BETWEEN CORPORATION AND CITY OF
CORPUS CHRISTI
WHEREAS, there is a need for an affordable housing project service agreement
between the City of Corpus Christi and the Corpus Christi Business and Job
Development Corporation for the implementation and administration of the
affordable housing project agreement with City of Corpus Christi for Home Buyer
Assistance.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. The Corpus Christi Business and Job Development Corporation is
authorized to execute the affordable housing project agreement with City of
Corpus Christi for Home Buyer Assistance, which is attached to this resolution as
Exhibit A, and expend $150,000 of funds available to the Corporation for that
purpose.
SECTION 2. That the City Manager, or designee, is authorized to execute the
affordable housing project service agreement between the City of Corpus Christi
and the Corpus Christi Business and Job Development Corporation for the
implementation and administration of the affordable housing project agreement
with City of Corpus Christi, which is attached to this resolution as Exhibit B.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa Henry Garrett
City Secretary Mayor
APPROVED as to form: August 4, 2008
�✓ R. Jay Rei$g
d First Assis - t City Attorney
For the City Attorney
H:\ LEG- DIR\Shareduay\Agenda\20o8 \8 -12 \Res -Affor H6using- CityofCGHomeBuyerAssist.doc
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
Page2of2
H:\ LEG- DIR \SharedUay\Agenda\2008\8 -12\ Res -Aff AaleYiousing- CityofCC- HomeBuyerAssist.doc .
AFFORDABLE HOUSING PROJECT AGREEMENT
CITY OF CORPUS CHRISTI — HOME BUYER ASSISTANCE
This Affordable Housing Project Agreement ( "Project Agreement ") is entered into
between the Corpus Christi Business and Job Development Corporation ( "Corporation ")
and the City of Corpus Christi ( "City").
WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vemon's Texas
Revised Civil Statutes (Development Corporation Act of 1979) empowered local
communities with the ability to adopt an optional local sales and use tax as a means of
improving the economic health and prosperity of their citizens;
WHEREAS, on November 5, 2002, residents of the City of Corpus Christi passed
Proposition 2, New and Expanded Business Enterprises, which authorized the adoption
of a sales and use tax for the promotion and development of new and expanded
business enterprises at the rate of one - eighth of one percent to be imposed for 15
years;
WHEREAS, in the same election, the residents of the City passed Proposition 2B,
Affordable Housing, which authorized the use of a portion of the sales and use tax
approved under Proposition 2 for affordable housing, up to $500,000 annually, so long
as there are projects for which the amount can reasonably be used;
WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 and allocated
under Proposition 2B for affordable housing was subsequently enacted by the City's
City Council ( "City Council "), and filed with the State Comptroller of Texas, effective
April 1, 2003, to be administered by the Corporation's Board of Directors ( "Board ");
WHEREAS, the Board issued a request for proposals for affordable housing projects;
WHEREAS, the City submitted a proposal to the Board to request funds to provide
deferred forgivable loans to assist eligible homebuyers with closing costs and down
payments toward the purchase of existing single- family houses;
WHEREAS, the Board has determined that it is in the best interests of the residents of
the City of Corpus Christi that affordable housing funds be awarded, by execution of this
Project Agreement, to accomplish the affordable housing project described in this
agreement and in the City's proposal;
In consideration of the covenants, promises, and conditions stated in this Project
Agreement, the Corporation and the City agree as follows:
1. Project Agreement to Implement Affordable Housing Project This Project
Agreement between the Corporation and City is executed to implement the promotion
and development of an affordable housing project proposed by the City in response to
the Board's request for proposals ( "Project Response "). The Project Response
submitted by the City, entitled "Home Buyer Assistance" ( "Project') is attached to this
Affordable Housing - CofCC - HBA 072208.doc
Page 1 of 9
—319 -
FYhihit A
Project Agreement as Exhibit A, and is incorporated in this Project Agreement by
reference.
2. Effective Date. The effective date of this Project Agreement is the latest date on
which a party to the Project Agreement executes this Project Agreement. ( "Effective
Date ")
3. Expiration Date. This Project Agreement expires on July 30, 2009.
4. Services to be Provided by City.
a. The City, through the City's City Manager or his designee ( "City Manager "),
administers the funding and performs contract administration responsibilities, as
outlined in this Project Agreement, for the Corporation.
b. To provide $5,000.00 in the form of a deferred forgivable loan to up to 60
qualified homebuyers for closing costs and down payment assistance in the
purchase of an existing single - family house. The funding for the $5,000.00 loan
will be obtained by using $2,500.00 in 4A combined with $2,500.00 in HOME
federal funds.
c. The eligibility requirements for participation in the Project are specified in
Exhibit B, which is incorporated in the Project Agreement by reference.
d. Each homeowner must execute a note and a deed of trust that conform to
Exhibits C and D of this agreement, or a revised version provided by the City.
5. Grant to be Provided by Corporation.
a. The Corporation will match the City $2,500.00 for each $5,000.00 deferred
forgivable loan it makes to a qualified homebuyerfor closing costs and down
payment assistance in the purchase of an existing single - family house.
b. The total reimbursements by the Corporation to the City under this Project
Agreement may not exceed $150,000.00.
6. Documentation and Reports.
a. The City shall maintain all documentation relating to the receipt and
expenditure of the funds provided under this Project Agreement for a period of
three years following the expiration of this Project Agreement or for such longer
period as may be required by Federal or State law.
b. The City shall provide access to all records, documents, reports, and audits,
regarding the funded activity under this Project Agreement, during regular
business hours, for the purpose of inspection and copying by, the City Manager.
Furthermore, the City shall provide to the City Manager any information
Affordable Housing - CofCC - HBA 072208.doc
—320 Page 2 of 9
pertinent to this Project Agreement, as may be requested during the term of this
Project Agreement.
c. Grantee shall submit a performance report ( "Quarterly Report") to the City
and the Corporation at least once each quarter, and a complete performance
report ( "Final Report") within 30 days of the expiration of this Project
Agreement. The Quarterly and Final Reports must contain all relevant details
pertaining to any homeowner assistance provided with funds made available
under this agreement, and include any supporting documentation required to
substantiate the written narrative contained in the reports. The reports must
document:
(1) Property appraisal information
(2) Note and Deed of Trust for the property purchased
(3) Expenses incurred for construction project
(4) Purchase price of the new constructed home
(5) Home buyer assistance information - amounts per homebuyer
(6). Itemized Energy efficiency (green building) features with documented
expenses
(7). Balance of 4A grant
(8) Pending project expenses
(9). Status of project time line
(10). Project challenges and anticipated resolutions.
7. Amendments or Modifications.
a. No amendments or modifications to this Project Agreement may be made, nor
any provision waived, unless the amendment or modification is made in writing
and signed by persons duly authorized to sign agreements on behalf of all
parties.
b. The Corporation's Chairman and City Manager are authorized to execute
minor amendments or modifications to this Project Agreement, by exchange of
letters with the Grantee. The minor amendments and modifications may relate to
the timing of performance and reporting, the scope of work to be performed, the
number of homebuyers assisted, or the amount of assistance provided to each
homebuyer. However, the minor amendments or modifications may not increase
the amounts of money available to the Grantee under this Project Agreement.
Affordable Housing - CofCC - HBA 072208.doc
- 32Page 3 of 9
8. Severability.
a. If for any reason, any section, paragraph, subdivision, clause, provision,
phrase or word of this Project Agreement or the application of this Project
Agreement to any person or circumstance is, to any extent, held illegal, invalid,
or unenforceable under present or future law or by a final judgment of a court of
competent jurisdiction, then the remainder of this Project Agreement, or the
application of the term or provision to persons or circumstances other than
those as to which it is held illegal, invalid, or unenforceable, will not be affected
by the law or judgment, for it is the definite intent of the parties to this Project
Agreement that every section, paragraph, subdivision, clause, provision,
phrase, and word of this Project Agreement be given full force and effect for its
purpose.
b. To the extent that any clause or provision is held illegal, invalid, or
unenforceable under present or future law effective during the term of this
Project Agreement, then the remainder of this Project Agreement is not affected
by the law, and in lieu of any illegal, invalid, or unenforceable clause or
provision, a clause or provision, as similar in terms to the illegal, invalid, or
unenforceable clause or provision as may be possible and be legal, valid, and
enforceable, will be added to this Project Agreement automatically.
9. Compliance with Laws. The City shall comply with all applicable Federal, State,
and local govemment laws, rules, regulations, and ordinances which may be relevant to
the City's performance under this Project Agreement.
10. Jurisdiction and Venue.
a. This Project Agreement is govemed by and must be construed under the
laws of the State of Texas.
b. All actions brought to enforce compliance with this Project Agreement must
be brought in Nueces County, Texas, where this Project Agreement was
entered into and must be performed.
11. Acknowledgment and Construction of Ambiguities. The parties expressly
agree that each has independently read and does understand this Project Agreement.
By the City's execution of this Project Agreement, the City agrees to be bound by the
terms, covenants, and conditions contained in this Project Agreement. Any ambiguities
in this Project Agreement may not be construed against the drafter.
12. Indemnity. The City must fully indemnify and hold harmless the
City of Corpus Christi, the Corpus Christi Business and Job
Development Corporation, and their officers, employees, and agents
(hereinafter, collectively "Indemnitees ") from and against any and all
liability, damage, loss, claims, demands, expenses, suits, and causes
of action of any nature whatsoever on account of injury or damage to
Page 4 of 9
Affordable Housing - CofCC - HBA 072208.doc —322—
person (including, without limitation on the foregoing, premises
defects, workers' compensation, and death claims) or property loss or
damage of any kind whatsoever which arise out of or are in any
manner connected with, or are claimed to arise out of or be in any
way connected with, either proximately or remotely, wholly or in part,
any activities by the City, its officers, employees, agents, members,
invitees, or independent contractors with respect to this Project
Agreement or the Project that is the subject of this Project
Agreement, regardless of whether such injuries, death, or damages
are caused, or are claimed to be caused, by the contributory
negligence of any of the lndemnitees, but not if caused by the sole
negligence of the Indemnitees unmixed with the fault of any other
person or entity. The City covenants and agrees that if Indemnitees,
or any of them, are made a party to any litigation against the City or in
any litigation commenced by any party other than the City relating to
this Project Agreement or Project, the City shall, upon receipt of
reasonable notice regarding commencement of litigation, at its own
expense, investigate all claims and demands, attend to their
settlement or other disposition, defend Indemnitees in all actions
based thereon with legal counsel satisfactory to Indemnitees, and pay
all charges of attorneys and all other costs and expenses of any kind
arising from any said liability, damage, loss, demand, claim, or action.
13. Warranties. The City warrants and represents to Corporation the following:
a. The City is a duly organized, validly existing, and in good standing under the
laws of the State of Texas, has all authority to carry on its business as presently
conducted in Corpus Christi, Texas.
b. The City has the authority to enter into and perform, and will perform, the
terms of this Project Agreement.
c. The City has received a copy of the Texas Development Corporation Act of
1979, Art. 5190.6, Vemon's Texas Revised Civil Statutes, and acknowledges that
the funds granted in this Project Agreement must be utilized solely for purposes
authorized under State law and by the terms of this Project Agreement.
d. If an audit determines that the funds were not used for authorized purposes,
the City agrees to reimburse Corporation for the sums of money spent for
purposes not authorized by law within 30 days written notice requesting
reimbursement.
e. The parties executing this Project Agreement on behalf of the City are duly
authorized to execute this Project Agreement on behalf of the City.
Page 5 of 9
Affordable Housing - CofCC - HBA 072208.doc —3 2 3-
14. Events of Default. The following events constitute a default of this Agreement:
a. Failure of the City to timely, fully, and completely comply with any one or more
of the requirements, obligations, duties, terms, conditions, or warranties of this
Project Agreement.
b. The Corporation determines that any representation or warranty on behalf of
the City contained in this Project Agreement or in any financial statement,
certificate, report, proposal, or opinion submitted to the Corporation in connection
with this Project Agreement was incorrect or misleading in any material respect
when made.
15. Notice of Default. Should the Corporation determine that the City is in default
under the terms of this Agreement, the Corporation shall notify the City in writing of the
event of default and provide 60 days from the date of the notice ( "Cure Period ") for the
City to cure the event of default.
16. Results of Uncured Default. After exhausting good faith attempts to address any
default during the Cure Period, and taking into account any extenuating circumstances
that might have occurred through no fault of the City, as determined by the Board of
Directors of the Corporation, the following actions must be taken for any default that
remains uncured after the Cure Period:
a. The City shall immediately repay to Corporation, with interest at the interest
rate paid by the City on its most recently issued .general obligation bonds from
date of expiration of Cure Period until fully paid, all funds not used under terms of
this Project Agreement.
b. The City shall pay Corporation reasonable attorney fees and costs of court to
collect amounts due to Corporation.
c. The Corporation shall have no further obligations to the City under this Project
Agreement and this Project Agreement shall terminate.
d. The Corporation may be held liable for any consequential damages.
e. The Corporation may pursue all remedies available under law.
17. No Waiver.
a. No waiver of any covenant or condition, or the breach of any covenant or
condition of this Project Agreement, constitutes a waiver of any subsequent
breach of the covenant or condition of the Project Agreement.
b. No waiver of any covenant or condition, or the breach of any covenant or
condition of this Project Agreement, justifies or authorizes the nonobservance on
any other occasion of the covenant or condition or any other covenantor
condition of this Project Agreement.
Affordable Housing - CofCC - HBA 072208.doc -324-
Page 6 of 9
c. Any waiver or indulgence of the City's default may not be considered an
estoppel against the Corporation.
d. It is expressly understood that if at any time the City is in default in any of its
conditions or covenants of this Project Agreement, the failure on the part of the
Corporation to promptly avail itself of the rights and remedies that the
Corporation may have, will not be considered a waiver on the part of the
Corporation, but Corporation may at any time avail itself of the rights or remedies
or elect to terminate this Project Agreement on account of the default.
18. Notices.
a. Any required written notices shall be sent, certified mail, retum receipt
requested, addressed as follows:
If to the City:
City of Corpus Christi
Attn.: City Manager
P.O. Box 9277
Corpus Christi, Texas 78469 -9277
If to Corporation:
City of Corpus Christi Business and Job Development Corporation
Attn: Executive Director
1201 Leopard Street
Corpus Christi, Texas 78401
b. Notice is effective upon deposit in the United States mail in the manner
provided in subsection a of this section.
19. Incorporation of other documents.
The Corpus Christi Business & Job Development Corporation 4A Board
Affordable Housing Request for Proposals issued April 7, 2008, is incorporated
into this Project Agreement.
20. Relationship of Parties. In performing this Agreement, the Corporation and the
City shall 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.
21. Nonassignment. The City may not assign, mortgage, pledge, or transfer this
Project Agreement or any interest contained in this Project Agreement without the prior
written consent of the other parties to this Project Agreement.
Affordable Housing • CofCC - HBA 072208.doc
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22. Non - discrimination.
a. The City may not discriminate nor permit discrimination against any person or
group of persons on the grounds of race, gender, disability, religion, age, or national
origin in any manner prohibited by the laws of the United States or the State of
Texas.
b. The Corporation retains the right to take any action the United States or the State
of Texas may direct to enforce this non - discrimination covenant.
23. Captions. The captions in this Project Agreement are for convenience only and
are not a part of this Project Agreement. The captions do not in any way limit or amplify
the terms and provisions of this Project Agreement.
24. Entire Agreement. This Project Agreement and the referenced and incorporated
documents constitute the entire agreement between the Corporation, the City, and the
City for the purpose stated. All other agreements, promises, representations, and
understandings, oral or otherwise, with reference to the subject matter of this Project
Agreement, unless contained in this Project Agreement, are expressly revoked, as the
parties intended to provide for a complete understanding, within the provisions of this
Project Agreement and its referenced and incorporated documents, of the terms,
conditions, promises, and covenants relating to the each party's required performance
under this Project Agreement.
CORPUS CHRISTI BUSINESS &
JOB DEVELOPMENT CORPORATION
Eloy Salazar
Chairman
Date
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
George K. Noe
City Manager
Date: Date:
Affordable Housing - CofCC - HBA 072208.doc
—326 Page 8 of 9
APPROVED AS TO FORM: JO ,24, "pooe
R. Jay Reining
First Assistant City Attorney
for the City Attomey
Affordable Housing - CofCC - HBA 072208.doc
_gge9of9
AFFORDABLE HOUSING PROJECT SERVICE AGREEMENT
This Affordable Housing Project Service Agreement (" Service Agreement ") is entered
into between the Corpus Christi Business and Job Development Corporation
( "Corporation ") and the City of Corpus Christi, Texas ( "City ").
WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas
Revised Civil Statutes (Development Corporation Act of 1979) empowered local
communities with the ability to adopt an optional local sales and use tax as a means of
improving the economic health and prosperity of their citizens;
WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ( "City ")
passed Proposition 2, New and Expanded Business Enterprises, which authorized the
adoption of a sales and use tax for the promotion and development of new and
expanded business enterprises at the rate of one - eighth of one percent to be imposed
for 15 years;
WHEREAS, in the same election, the residents of the City passed Proposition 2B,
Affordable Housing, which authorized the use of a portion of the sales and use tax
approved under Proposition 2 for affordable housing, up to $500,000 annually, so long
as there are projects for which the amount can reasonably be used;
WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 and allocated
under Proposition 2B for affordable housing was subsequently enacted by the City's
City Council ( "City Council "), and filed with the State Comptroller of Texas, effective
April 1, 2003, to be administered by the Corporation's Board of Directors ( "Board ");
WHEREAS, the Corporation is authorized to promote the development and expansion
of affordable housing, as defined by 42 U.S.C. Section12745, for the citizens of Corpus
Christi, Texas;
WHEREAS, on April 7, 2008, the Board issued a request for proposals for affordable
housing projects;
WHEREAS, Section 21 of the Texas Development Corporation Act of 1979, Art. 5190.6,
Vernon's Texas Revised Civil Statutes, requires the City Council to approve all
programs and expenditures of the Corporation;
WHEREAS, City of Corpus Christi ( "Grantee ") submitted a proposal to the Board to
request funds for a "Home Buyer Assistance Program ";
WHEREAS, the Board has determined that it is in the best interests of the residents of
the City of Corpus Christi that affordable housing funds be awarded, and by execution
of the Affordable Housing Project Agreement between the Board and Grantee, to
accomplish the affordable housing project described in that agreement and the
Grantee's proposal;
— 328-Page 1 of 3
Ht\ LEG -DIR\ Shared \Jav\AOenda\2008 \B- 12\Affordable Housing Project Service Agreement 4A- CityofCC- HomeBuyerAssist.doc
WHEREAS, the City Council concurs with the Board's determination that it is in the best
interests of the residents of the City of Corpus Christi that affordable housing funds be
awarded. The City Council authorizes the Affordable Housing Project Agreement
between the Board and Grantee;
In consideration of the covenants, promises, and conditions stated in this Service
Agreement, the Corporation and the City agree as follows:
1. Service Agreement to Implement Affordable Housing Project Agreement. This
Service Agreement between the City and the Corporation is executed to implement the
Affordable Housing Project Agreement between the Corporation and Grantee.
2. Term. The term of this Service Agreement runs concurrently with the term of the
Affordable Housing Project Agreement.
3. Services to be Provided by City.
a. The City Manager, or the City Manager's designee, shall administer funding
on behalf of the Corporation.
b. The City Manager, or the City Manager's designee, shall perform contract
administration responsibilities outlined in the Affordable Housing Project
Agreement for the Corporation.
4. Appropriation of Funds. Any future payments by the City are subject to
appropriation of funds by City's Council.
5. Effective Date. The effective date of this Service Agreement is the latest date that
either party executes this Service Agreement.
6. Amendments or Modifications. No amendments or modifications to this Service
Agreement may be made, nor any provision waived, unless in writing signed by a
person duly authorized to sign agreements on behalf of each party.
7. Severability.
a. If for any reason, any section, paragraph, subdivision, clause, provision,
phrase or word of this Service Agreement or the application of this Service
Agreement to any person or circumstance is, to any extent, held illegal, invalid, or
unenforceable under present or future law or by a final judgment of a court of
competent jurisdiction, then the remainder of this Service Agreement, or the
application of the term or provision to persons or circumstances other than those
as to which it is held illegal, invalid, or unenforceable, will not be affected by the
law or judgment, for it is the definite intent of the parties to this Service
Agreement that every section, paragraph, subdivision, clause, provision, phrase,
or word of this Service Agreement be given full force and effect for its purpose.
32*nage2of3
H.\ LEG- DIR \SharedUay \genda \2008\8- 12\Affordable Housing Project Service Agreement 4A- CitvofCC- HomeBuverAssist dnc
b. To the extent that any clause or provision is held illegal, invalid, or
unenforceable under present or future law effective during the term of this
Service Agreement, then the remainder of this Service Agreement is not affected
by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision,
a clause or provision, as similar in terms to the illegal, invalid, or unenforceable
clause or provision as may be possible and be legal, valid, and enforceable, will
be added to this Service Agreement automatically.
8. Captions. The captions in this Service Agreement are for convenience only and are
not a part of this Service Agreement. The captions do not in any way limit or amplify the
terms and provisions of this Service Agreement.
The City of Corpus Christi Corpus Christi Business &
Job Development Corporation
George K. Noe Eloy Salazar
City Manager Chairperson
Date: Date:
Attest:
Armando Chapa
City Secretary
Approved as to Legal Form this _day of July, 2008.
R. Jay Reining
First Assistant City Attorney
for City Attorney
—330-Page 3 of 3
_.._.,nnono_, 9kffnrdnhIP Hnusinc Proiect Service Agreement 4A- CityofCC- HomeBuyerAssist.doc
Page 1 of 3
RESOLUTION
AUTHORIZING THE CORPUS CHRISTI BUSINESS AND JOB
DEVELOPMENT CORPORATION TO EXECUTE AN
AFFORDABLE HOUSING PROJECT AGREEMENT WITH
NUECES COUNTY COMMUNITY ACTION AGENCY, IN THE
AMOUNT OF $25,000, FOR AFFORDABLE HOUSING
PROGRAMS MARKETING CAMPAIGN, AND AUTHORIZING
THE CITY MANAGER, OR DESIGNEE, TO EXECUTE AN
AFFORDABLE HOUSING PROJECT SERVICE AGREEMENT
WITH THE CORPUS CHRISTI BUSINESS AND JOB
DEVELOPMENT CORPORATION REGARDING
IMPLEMENTATION AND ADMINISTRATION OF THE
AFFORDABLE HOUSING PROJECT AGREEMENT BETWEEN
CORPORATION AND NUECES COUNTY COMMUNITY ACTION
AGENCY
WHEREAS, there is a need for an affordable housing project service agreement
between the City of Corpus Christi and the Corpus Christi Business and Job
Development Corporation for the implementation and administration of the
affordable housing project agreement with Nueces County Community Action
Agency for an Affordable Housing Programs Marketing Campaign.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. The Corpus Christi Business and Job Development Corporation is
authorized to execute the affordable housing project agreement with Nueces
County Community Action Agency for an Affordable Housing Programs
Marketing Campaign, which is attached to this resolution as Exhibit A, and
expend $25,000 of funds available to the Corporation for that purpose. •
SECTION 2. That the City Manager, or designee, is authorized to execute the
affordable housing project service agreement between the City of Corpus Christi
and the Corpus Christi Business and Job Development Corporation for the
implementation and administration of the affordable housing project agreement
with Nueces County Community Action Agency, which is attached to this
resolution as Exhibit B.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
H: LLEG- DIR\SharedUayWgenda12008\8 -12 \Res- Afforcrak No]using- NCCAA- AffordablehousingMarketing.doc
Page 2 of 3
APPROVED as to form: July /`2008
R. J9,y'Reifiing
First Assistant Cy Attorney
For the City Attorney
H:\ LEG- DIR \SharedUayNAgenda\2008 \8-12 \Res -AffUn ale lousing- NCCAA- AffordablehousingMarketing.doc
Corpus Christi, Texas
Page 3 of 3
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
H:1 LEG -DIR\ Shared uayNAgenda120o6 \B- 12\Res- AffordTh HAsing- NCCAA- AffordablehousingMarketing.doc
AFFORDABLE HOUSING PROJECT AGREEMENT
NUECES COUNTY COMMUNITY ACTION AGENCY —
HOME BUYER ASSISTANCE MARKETING CAMPAIGN
This Affordable Housing Project Agreement ( "Project Agreement ") is entered into
between the Corpus Christi Business and Job Development Corporation
( "Corporation "), the City of Corpus Christi ( "City"), and Nueces County Community
Action Agency ( "Grantee ").
WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas
Revised Civil Statutes (Development Corporation Act of 1979) empowered local
communities with the ability to adopt an optional local sales and use tax as a means of
improving the economic health and prosperity of their citizens;
WHEREAS, on November 5, 2002, residents of the City of Corpus Christi passed
Proposition 2, New and Expanded Business Enterprises, which authorized the adoption
of a sales and use tax for the promotion and development of new and expanded
business enterprises at the rate of one - eighth of one percent to be imposed for 15
years;
WHEREAS, in the same election, the residents of the City passed Proposition 2B,
Affordable Housing, which authorized the use of a portion of the sales and use tax
approved under Proposition 2 for affordable housing, up to $500,000 annually, so long
as there are projects for which the amount can reasonably be used;
WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 and allocated
under Proposition 2B for affordable housing was subsequently enacted by the City's
City Council ( "City Council "), and filed with the State Comptroller of Texas, effective
April 1, 2003, to be administered by the Corporation's Board of Directors ( "Board ");
WHEREAS, the Board issued a request for proposals for affordable housing projects;
WHEREAS, Grantee submitted a proposal to the Board to request funds to market the
local affordable housing programs and the availability of homebuyer assistance and
housing counseling programs within the City of Corpus Christi;
WHEREAS, the Board has determined that it is in the best interests of the residents of
the City of Corpus Christi that affordable housing funds be awarded, by execution of this
Project Agreement, to accomplish the affordable housing project described in this
agreement and in Grantee's proposal;
In consideration of the covenants, promises, and conditions stated in this Project
Agreement, the Corporation, Grantee, and the City agree as follows:
1. Project Agreement to Implement Affordable Housing Project. This Project
Agreement between the Corporation, the City, and Grantee is executed to implement
the promotion and development of an affordable housing project proposed by Grantee
Affordable Housing - NCCAA - Marketing 07152008.doc
Page 1of11
—334 —
Exhibit A
in response to the Board's request for proposals ( "Project Response "). The Project
Response submitted by Grantee, entitled "NCCAA Home Buyer Assistance Marketing
Campaign" ( "Project ") is attached to this Project Agreement as Exhibit A, and is
incorporated in this Project Agreement by reference.
2. Effective Date. The effective date of this Project Agreement is the latest date on
which a party to the Project Agreement executes this Project Agreement. ( "Effective
Date ")
3. Expiration Date. This Project Agreement expires on July 31, 2009.
4. Services to be Provided by City.
a. The City, through the City's City Manager or designee ( "City Manager "),
administers the funding and performs contract administration responsibilities, as
outlined in this Project Agreement, for the Corporation.
5. Services to be Provided by Grantee.
a. Grantee shall conduct a marketing campaign to create awareness among the
approximately 17,000 low to moderate income residents Christi, who may qualify for
the affordable single - family housing programs or services, such as homebuyer
education and credit counseling within the City of Corpus Christi.
b. The Project must promote affordable housing projects city -wide, and refer
families to projects or homebuyer services that suit their needs.
c. The Project must include advertisement on billboards and bus benches located in
areas to maximize exposure to individuals at 80% or below the Area Median Income
(AMI).
d. Project signs must be placed on construction sites to promote "Affordable
Housing Project in Progress," especially in the Infill Revitalization area and in the
CAP Estates Subdivision.
e. Ads must run in publications such as the Caller Times Sunday Homes, Del Mar
College's Foghorn, and Texas A &M University - Corpus Christi's Island Waves.
f. The Grantee must ensure that a significant portion of the advertising is directed to
residents who are not fluent in the English language.
6. Services to be Provided by Corporation. The Corporation will provide funding in
the form of a grant in an amount up to $25,000 for itemized marketing campaign
expenses approved for the project.
Affordable Housing - NCCAA - Marketing 07152008.doc
_33iAge2of11
7. Documentation and Reports.
a. Grantee shall maintain all documentation relating to the receipt and
expenditure of the funds provided under this Project Agreement for a period of
three years following the expiration of this Project Agreement or for such longer
period as may be required by Federal or State law.
b. Grantee shall provide access to all records, documents, reports, and audits,
regarding the funded activity under this Project Agreement, during regular
business hours, for the purpose of inspection and copying by the City Manager.
Furthermore, Grantee shall provide to the City Manager any information
pertinent to this Project Agreement, as may be requested during the term of this
Project Agreement.
c. Grantee shall submit a performance report ( "Quarterly Report") to the City
and the Corporation at least once each quarter, and a complete performance
report ( "Final Report") within 30 days of the expiration of this Project
Agreement. The Quarterly and Final Reports must contain all relevant details
pertaining to the marketing of the City -wide availability of affordable housing and
affordable housing programs, and include any supporting documentation
required to substantiate the written narrative contained in the reports. The
reports must include:
(1) Status on project time line
(2) Itemized marketing campaign expenses
(3) Samples of the advertisements
(4) Itemized advertisement publications and distributions (times /dates)
(5) Project challenges and suggested resolutions
(6) Project partnerships
(7) Project funding / leveraging.
8. Amendments or Modifications.
a. No amendments or modifications to this Project Agreement may be made, nor
any provision waived, unless the amendment or modification is made, in writing
and signed by persons duly authorized to sign agreements on behalf of all
parties.
b. The Corporation's Executive Director and City Manager are authorized to
execute minor amendments or modifications to this Project Agreement, by
exchange of letters with the Grantee. The minor amendments and modifications
may relate to the timing of performance and reporting, the scope of work to be
Affordable Housing - NCCAA - Marketing 0715200B.doc
Page 3 of 11
—336—
performed, the number of homebuyers assisted, or the amount of assistance
provided to each homebuyer. However, the minor amendments or modifications
may not increase the amounts of money available to the Grantee under this
Project Agreement.
9. Severability.
a. If for any reason, any section, paragraph, subdivision, clause, provision,
phrase or word of this Project Agreement or the application of this Project
Agreement to any person or circumstance is, to any extent, held illegal, invalid,
or unenforceable under present or future law or by a final judgment of a court of
competent jurisdiction, then the remainder of this Project Agreement, or the
application of the term or provision to persons or circumstances other than
those as to which it is held illegal, invalid, or unenforceable, will not be affected
by the law or judgment, for it is the definite intent of the parties to this Project
Agreement that every section, paragraph, subdivision, clause, provision,
phrase, and word of this Project Agreement be given full force and effect for its
purpose.
b. To the extent that any clause or provision is held illegal, invalid, or
unenforceable under present or future law effective during the term of this
Project Agreement, then the remainder of this Project Agreement is not affected
by the law, and in lieu of any illegal, invalid, or unenforceable clause or
provision, a clause or provision, as similar in terms to the illegal, invalid; or
unenforceable clause or provision as may be possible and be legal, valid, and
enforceable, will be added to this Project Agreement automatically.
10. Compliance with Laws. Grantee shall comply with all applicable Federal, State,
and local government laws, rules, regulations, and ordinances which may be relevant to
Grantee's performance under this Project Agreement.
11. Jurisdiction and Venue.
a. This Project Agreement is governed by and must be construed under the
laws of the State of Texas.
b. All actions brought to enforce compliance with this Project Agreement must
be brought in Nueces County, Texas, where this Project Agreement was
entered into and must be performed.
12. Acknowledgment and Construction of Ambiguities. The parties expressly
agree that each has independently read and does understand this Project Agreement.
By Grantee's execution of this Project Agreement, Grantee agrees to be bound by the
terms, covenants, and conditions contained in this Project Agreement. Any ambiguities
in this Project Agreement may not be construed against the drafter.
Affordable Housing - NCCAA - Marketing 07152008.doc
_gdge4of11
13. Indemnity. Grantee must fully indemnify and hold harmless the
City of Corpus Christi, the Corpus Christi Business and Job
Development Corporation, and their officers, employees, and agents
(hereinafter, collectively "Indemnitees ") from and against any and all
liability, damage, loss, claims, demands, expenses, suits, and causes
of action of any nature whatsoever on account of injury or damage to
person (including, without limitation on the foregoing, premises
defects, workers' compensation, and death claims) or property loss or
damage of any kind whatsoever which arise out of or are in any
manner connected with, or are claimed to arise out of or be in any
way connected with, either proximately or remotely, wholly or in part,
any activities by Grantee, its officers, employees, agents, members,
invitees, or independent contractors with respect to this Project
Agreement or the Project that is the subject of this Project
Agreement, regardless of whether such injuries, death, or damages
are caused, or are claimed to be caused, by the contributory
negligence of any of the Indemnitees, but not if caused by the sole
negligence of the Indemnitees unmixed with the fault of any other
person or entity. Grantee covenants and agrees that if Indemnitees,
or any of them, are made a party to any litigation against Grantee or in
any litigation commenced by any party other than Grantee relating to
this Project Agreement or Project, Grantee shall, upon receipt of
reasonable notice regarding commencement of litigation, at its own
expense, investigate all claims and demands, attend to their
settlement or other disposition, defend Indemnitees in all actions
based thereon with legal counsel satisfactory to Indemnitees, and pay
all charges of attorneys and all other costs and expenses of any kind
arising from any said liability, damage, loss, demand, claim, or action.
14. Warranties. Grantee warrants and represents to Corporation the following:
a. Grantee is a duly organized, validly existing, and in good standing under the
laws of the State of Texas, has all authority to carry on its business as presently
conducted in Corpus Christi, Texas.
b. Grantee has the authority to enter into and perform, and will perform, the
terms of this Project Agreement.
c. Grantee has timely filed and will timely file all local, State, and Federal tax
reports and returns required by law to be filed and all taxes, assessments, fees,
and other governmental charges, including applicable ad valorem taxes, have
Affordable Housing - NCCAA - Marketing 07152008.doc
-338-Page 5 of 11
been timely paid, and will be timely paid, during the term of this Project
Agreement.
d. Grantee has received a copy of the Texas Development Corporation Act of
1979, Art. 5190.6, Vernon's Texas Revised Civil Statutes, and acknowledges that
the funds granted in this Project Agreement must be utilized solely for purposes
authorized under State law and by the terms of this Project Agreement.
e. If an audit determines that the funds were not used for authorized purposes,
Grantee agrees to reimburse Corporation for the sums of money spent for
purposes not authorized by law within 30 days written notice requesting
reimbursement.
f. The parties executing this Project Agreement on behalf of Grantee are duly
authorized to execute this Project Agreement on behalf of Grantee.
15. Events of Default. The following events constitute a default of this Agreement:
a. Failure of Grantee to timely, fully, and completely comply with any one or
more of the requirements, obligations, duties, terms, conditions, or warranties of
this Project Agreement.
b. The Corporation or City determines that any representation or warranty on
behalf of Grantee contained in this Project Agreement or in any financial
statement, certificate, report, proposal, or opinion submitted to the Corporation in
connection with this Project Agreement was incorrect or misleading in any
material respect when made.
c. Any judgment is assessed against Grantee or any attachment or other levy
against the property of Grantee with respect to a claim remains unpaid,
undischarged, or not dismissed for a period of 30 days.
d. Grantee makes an assignment for the benefit of creditors.
e. Grantee files a petition in bankruptcy, or is adjudicated insolvent or bankrupt.
f. If taxes on property owed by Grantee become delinquent, and Grantee fails to
timely and properly follow the legal procedures for protest or contest.
g. Grantee changes the general character of its business as conducted on or
following the date this Agreement is approved by the Corporation.
16. Notice of Default. Should the Corporation or City determine that Grantee is in
default under the terms of this Agreement, the Corporation or City shall notify Grantee in
writing of the event of default and provide 60 days from the date of the notice ( "Cure
Period ") for Grantee to cure the event of default.
Affordable Housing - NCCAA - Marketing 07152008.doc
-3'Bge 6 of 11
17. Results of Uncured Default. After exhausting good faith attempts to address any
default during the Cure Period, and taking into account any extenuating circumstances
that might have occurred through no fault of Grantee, as determined by the Board of
Directors of the Corporation, the following actions must be taken for any default that
remains uncured after the Cure Period:
a. Grantee shall immediately repay to Corporation, with interest at the interest
rate paid by the City on its most recently issued general obligation bonds from
date of expiration of Cure Period until fully paid, all funds not used under terms of
this Project Agreement.
b. Grantee shall pay Corporation reasonable attorney fees and costs of court to
collect amounts due to Corporation.
c. The Corporation shall have no further obligations to Grantee under this
Project Agreement and this Project Agreement shall terminate.
d. Neither the City nor the Corporation may be held liable for any consequential
damages.
e. The Corporation may pursue all remedies available under law.
18. 140 Waiver.
a. No waiver of any covenant or condition, or the breach of any covenant or
condition of this Project Agreement, constitutes a waiver of any subsequent
breach of the covenant or condition of the Project Agreement.
b. No waiver of any covenant or condition, or the breach of any covenant or
condition of this Project Agreement, justifies or authorizes the nonobservance on
any other occasion of the covenant or condition or any other covenant or
condition of this Project Agreement.
c. Any waiver or indulgence of Grantee's default may not be considered an
estoppel against the Corporation.
d. It is expressly understood that if at any time Grantee is in default in any of its
conditions or covenants of this Project Agreement, the failure on the part of the
Corporation to promptly avail itself of the rights and remedies that the
Corporation may have, will not be considered a waiver on the part of the
Corporation, but Corporation may at any time avail itself of the rights or remedies
or elect to terminate this Project Agreement on account of the default.
19. Notices.
a. Any required written notices shall be sent, certified mail, return receipt
requested, addressed as follows:
Affordable Housing - NCCAA - Marketing 07152008.doc
- 340Page 7 of 11
If to Grantee:
Nueces County Community Action Agency
Attn: Executive Director
101 South Padre Island Drive
Corpus Christi, Texas 78405 -4102
If to Corporation:
City of Corpus Christi Business and Job Development Corporation
Attn: Executive Director
1201 Leopard Street
Corpus Christi, Texas 78401
b. A copy of all notices and correspondence must be sent to the City at the
following address:
City of Corpus Christi
Attn.: City Manager
P.O. Box 9277
Corpus Christi, Texas 78469 -9277
c. Notice is effective upon deposit in the United States mail in the manner
provided in subsection a of this section.
20. Incorporation of other documents.
The Corpus Christi Business & Job Development Corporation 4a Board
Affordable Housing Request for Proposals issued April 7, 2008, is incorporated
into this Project Agreement.
21. Relationship of Parties. In performing this Agreement, the Corporation, Grantee,
and the City shall 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.
22. Nonassignment. Grantee may not assign, mortgage, pledge, or transfer this
Project Agreement or any interest contained in this Project Agreement without the prior
written consent of the other parties to this Project Agreement.
23. Non - discrimination.
a. Grantee may not discriminate nor permit discrimination against any person or
group of persons on the grounds of race, gender, disability, religion, age, or national
origin in any manner prohibited by the laws of the United States or the State of
Texas.
Affordable Housing - NCCAA - Marketing 07152008.doc
—34 IPage 8 of 11
b. The Corporation retains the right to take any action the United States or the State
of Texas may direct to enforce this non - discrimination covenant.
24. Captions. The captions in this Project Agreement are for convenience only and
are not a part of this Project Agreement. The captions do not in any way limit or amplify
the terms and provisions of this Project Agreement.
25. Entire Agreement. This Project Agreement and the referenced and incorporated
documents constitute the entire agreement between the Corporation, the City, and
Grantee for the purpose stated. All other agreements, promises, representations, and
understandings, oral or otherwise, with reference to the subject matter of this Project
Agreement, unless contained in this Project Agreement, are expressly revoked, as the
parties intended to provide for a complete understanding, within the provisions of this
Project Agreement and its referenced and incorporated documents, of the terms,
conditions, promises, and covenants relating to the each party's required performance
under this Project Agreement.
CORPUS CHRISTI BUSINESS &
JOB DEVELOPMENT CORPORATION
Eloy Salazar
Chairman
STATE OF TEXAS §
COUNTY OF NUECES §
Date
ACKNOWLEDGMENT
KNOW ALL BY THESE PRESENTS:
This instrument was acknowledged before me on , 2008,
by Eloy Salazar, Chairman, Corpus Christi Business & Job Development Corporation, a
Texas nonprofit corporation, on behalf of the corporation.
NOTARY PUBLIC
State of Texas
Affordable Housing - NCCAA - Marketing 07152008.doc
- 341age9of11
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Date:
APPROVED AS TO FORM:
R. Ja - ing
Fir £$ =stant y Attorney
for the City A . rney
Affordable Housing • NCCAA - Marketing 07152008.doc
George K. Noe
City Manager
Date:
_34jgge 10 of 11
NUECES COUNTY COMMUNITY ACTION AGENCY
Joe A. Martinez Date
Executive Director
STATE OF TEXAS §
COUNTY OF NUECES §
ACKNOWLEDGMENT
KNOW ALL BY THESE PRESENTS:
This instrument was acknowledged before me on , 2008,
by Joe A. Martinez, Executive Director, Nueces County Community Action Agency, a
Texas Domestic Non - Profit Corporation, on behalf of the corporation.
NOTARY PUBLIC
State of Texas
Affordable Housing - NCCAA - Marketing 07152008.doc
— 344age11of11
AFFORDABLE HOUSING PROJECT SERVICE AGREEMENT
This Affordable Housing Project Service Agreement (" Service Agreement ") is entered
into between the Corpus Christi Business and Job Development Corporation
( "Corporation ") and the City of Corpus Christi, Texas ( "City ").
WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas
Revised Civil Statutes (Development Corporation Act of 1979) empowered local
communities with the ability to adopt an optional local sales and use tax as a means of
improving the economic health and prosperity of their citizens;
WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ( "City ")
passed Proposition 2, New and Expanded Business Enterprises, which authorized the
adoption of a sales and use tax for the promotion and development of new and
expanded business enterprises at the rate of one - eighth of one percent to be imposed
for 15 years;
WHEREAS, in the same election, the residents of the City passed Proposition 2B,
Affordable Housing, which authorized the use of a portion of the sales and use tax
approved under Proposition 2 for affordable housing, up to $500,000 annually, so long
as there are projects for which the amount can reasonably be used;
WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 and allocated
under Proposition 2B for affordable housing was subsequently enacted by the City's
City Council ( "City Council "), and filed with the State Comptroller of Texas, effective
April 1, 2003, to be administered by the Corporation's Board of Directors ( "Board ");
WHEREAS, the Corporation is authorized to promote the development and expansion
of affordable housing, as defined by 42 U.S.C. Section12745, for the citizens of Corpus
Christi, Texas;
WHEREAS, on April 7, 2008, the Board issued a request for proposals for affordable
housing projects;
WHEREAS, Section 21 of the Texas Development Corporation Act of 1979, Art. 5190.6,
Vernon's Texas Revised Civil Statutes, requires the City Council to approve all
programs and expenditures of the Corporation;
WHEREAS, Nueces County Community Action Agency ( "Grantee ") submitted a
proposal to the Board to request funds for an "Affordable Housing Marketing
Campaign ";
WHEREAS, the Board has determined that it is in the best interests of the residents of
the City of Corpus Christi that affordable housing funds be awarded, and by execution
of the Affordable Housing Project Agreement between the Board and Grantee, to
accomplish the affordable housing prpject described in that agreement and the
Grantee's proposal;
H: \LEG- DIR \SharedUay\ genda \2008 \8- 121Affordable3Ha.siiang Project Service Agreement 4A- City- NCCAA-
AffordHousingMarketing.doc 4 5
WHEREAS, the City Council concurs with the Board's determination that it is in the best
interests of the residents of the City of Corpus Christi that affordable housing funds be
awarded. The City Council authorizes the Affordable Housing Project Agreement
between the Board and Grantee;
In consideration of the covenants, promises, and conditions stated in this Service
Agreement, the Corporation and the City agree as follows:
1. Service Agreement to Implement Affordable Housing Project Agreement. This
Service Agreement between the City and the Corporation is executed to implement the
Affordable Housing Project Agreement between the Corporation and Grantee.
2. Term. The term of this Service Agreement runs concurrently with the term of the
Affordable Housing Project Agreement.
3. Services to be Provided by City.
a. The City Manager, or the City Manager's designee, shall administer funding
on behalf of the Corporation.
b. The City Manager, or the City Manager's designee, shall perform contract
administration responsibilities outlined in the Affordable Housing Project
Agreement for the Corporation.
4. Appropriation of Funds. Any future payments by the City are subject to
appropriation of funds by City's Council.
5. Effective Date. The effective date of this Service Agreement is the latest date that
either party executes this Service Agreement.
6. Amendments or Modifications. No amendments or modifications to this Service
Agreement may be made, nor any provision waived, unless in writing signed by a
person duly authorized to sign agreements on behalf of each party.
7. Severability.
a. If for any reason, any section, paragraph, subdivision, clause, provision,
phrase or word of this Service Agreement or the application of this Service
Agreement to any person or circumstance is, to any extent, held illegal, invalid, or
unenforceable under present or future law or by a final judgment of a court of
competent jurisdiction, then the remainder of this Service Agreement, or the
application of the term or provision to persons or circumstances other than those
as to which it is held illegal, invalid, or unenforceable, will not be affected by the
law or judgment, for it is the definite intent of the parties to this Service
Agreement that every section, paragraph, subdivision, clause, provision, phrase,
or word of this Service Agreement be given full force and effect for its purpose.
Page 2 of 3
H:\ LEG- DIR \Shared\Jay\Agenda \2008 \&12\Affordable 1pusing Project Service Agreement 4A- City- NCCAA-
Ait...a nvr
un,.c;nnAkntinn rine 3 0
b. To the extent that any clause or provision is held illegal, invalid, or
unenforceable under present or future law effective during the term of this
Service Agreement, then the remainder of this Service Agreement is not affected
by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision,
a clause or provision, as similar in terms to the illegal, invalid, or unenforceable
clause or provision as may be possible and be legal, valid, and enforceable, will
be added to this Service Agreement automatically.
8. Captions. The captions in this Service Agreement are for convenience only and are
not a part of this Service Agreement. The captions do not in any way limit or amplify the
terms and provisions of this Service Agreement.
The City of Corpus Christi Corpus Christi Business &
Job Development Corporation
George K. Noe Eloy Salazar
City Manager Chairperson
Date: Date:
Attest
Armando Chapa
City Secretary
Approved as to Legal Form this _day of July, 2008.
R. Jay Reining
First Assistant City Attorney
for City Attorney
Page 3 of 3
H:\ LEG- DIR \Shared\Jay\ Agenda \2008 \B- 12\Affordable Ling Project Service Agreement 4A- City- NCCAA-
Afford Housi ngMa rketing.doc
Page 1 of 3
RESOLUTION
AUTHORIZING THE CORPUS CHRISTI BUSINESS AND JOB
DEVELOPMENT CORPORATION TO EXECUTE AN
AFFORDABLE HOUSING PROJECT AGREEMENT WITH
NUECES COUNTY COMMUNITY ACTION AGENCY, IN THE
AMOUNT OF $200,000, FOR HOME BUYERS ASSISTANCE,
AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO
EXECUTE AN AFFORDABLE HOUSING PROJECT SERVICE
AGREEMENT WITH THE CORPUS CHRISTI BUSINESS AND
JOB DEVELOPMENT CORPORATION REGARDING
IMPLEMENTATION AND ADMINISTRATION OF THE
AFFORDABLE HOUSING PROJECT AGREEMENT BETWEEN
CORPORATION AND NUECES COUNTY COMMUNITY ACTION
AGENCY
WHEREAS, there is a need for an affordable housing project service agreement
between the City of Corpus Christi and the Corpus Christi Business and Job
Development Corporation for the implementation and administration of the
affordable housing project agreement with Nueces County Community Action
Agency for Home Buyers Assistance.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. The Corpus Christi Business and Job Development Corporation is
authorized to execute the affordable housing project agreement with Nueces
County Community Action Agency for Home Buyers Assistance, which is
attached to this resolution as Exhibit A, and expend $200,000 of funds available
to the Corporation for that purpose.
SECTION 2. That the City Manager, or designee, is authorized to execute the
affordable housing project service agreement between the City of Corpus Christi
and the Corpus Christi Business and Job Development Corporation for the
implementation and administration of the affordable housing project agreement
with Nueces County Community Action Agency, which is attached to this
resolution as Exhibit B.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
H1LEG -DI R \SharedUayWgenda\2008\8 -12\ Res- Atfordsle J- IAUSing- NCCAA- HomeBuyersAssistMktg.doc
Page 2 of 3
APPROVED as to form: July 4, 2008
R. eining
First ssistan City Attorney
For the City Attorney
H:1 LEG- DIR\SharedVapAgenda\2008 \8 -12 \Res- Affordale Lginn - NCCAA- HomeBuyersAssistMktg.doc
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
Page 3 of 3
H: \ LEG- DIR\SharedUay\Agenda\2008\8 -12 \Res- Affordlt tAousing- NCCAA- HomeBuyersAsaistMktg.doc
AFFORDABLE HOUSING PROJECT AGREEMENT
NUECES COUNTY COMMUNITY ACTION AGENCY — HOME BUYER ASSISTANCE
This Affordable Housing Project Agreement ( "Project Agreement ") is entered into
between the Corpus Christi Business and Job Development Corporation
( "Corporation "), the City of Corpus Christi ( "City "), and Nueces County Community
Action Agency ( "Grantee ").
WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas
Revised Civil Statutes (Development Corporation Act of 1979) empowered local
communities with the ability to adopt an optional local sales and use tax as a means of
improving the economic health and prosperity of their citizens;
WHEREAS, on November 5, 2002, residents of the City of Corpus Christi passed
Proposition 2, New and Expanded Business Enterprises, which authorized the adoption
of a sales and use tax for the promotion and development of new and expanded
business enterprises at the rate of one - eighth of one percent to be imposed for 15
years;
WHEREAS, in the same election, the residents of the City passed Proposition 2B,
Affordable Housing, which authorized the use of a portion of the sales and use tax
approved under Proposition 2 for affordable housing, up to $500,000 annually, so long
as there are projects for which the amount can reasonably be used;
WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 and allocated
under Proposition 2B for affordable housing was subsequently enacted by the City's
City Council ( "City Council "), and filed with the State Comptroller of Texas, effective
April 1, 2003, to be administered by the Corporation's Board of Directors ( "Board ");
WHEREAS, the Board issued a request for proposals for affordable housing projects;
WHEREAS, Grantee submitted a proposal to the Board to request funds to provide
homebuyer assistance to 11 low income homebuyers, who will buy homes in Phase II of
CAP Estates II subdivision;
WHEREAS, the Board has determined that it is in the best interests of the residents of
the City of Corpus Christi that affordable housing funds be awarded, by execution of this
Project Agreement, to accomplish the affordable housing project described in this
agreement and in Grantee's proposal;
In consideration of the covenants, promises, and conditions stated in this Project
Agreement, the Corporation, Grantee, and the City agree as follows:
1. Project Agreement to Implement Affordable Housing Project. This Project
Agreement between the Corporation, the City, and Grantee is executed to implement
the promotion and development of an affordable housing project proposed by Grantee
in response to the Board's request for proposals ( "Project Response "). The Project
Affordable Housing - NCCAA - HBA 07222008.doc
— 35P age 1 of 11
Fxhihit A
Response submitted by Grantee, entitled "NCCAA Home Buyer Assistance Program"
( "Project ") is attached to this Project Agreement as Exhibit A, and is incorporated in this
Project Agreement by reference.
2. Effective Date. The effective date of this Project Agreement is the latest date on
which a party to the Project Agreement executes this Project Agreement. ( "Effective
Date ")
3. Expiration Date. This Project Agreement expires on July 31, 2009.
4. Services to be Provided by City.
a. The City, through the City's City Manager, or designee ( "City Manager "),
administers the funding and performs contract administration responsibilities, as
outlined in this Project Agreement, for the Corporation.
5. Services to be Provided by Grantee.
a. Grantee shall assist 11 families with Down Payment and Closing Cost
Assistance, at 80% or below Area Median Income (AMI), for the purchase of
homes in Phase II of CAP Estates II Subdivision located in the southwest Corpus
Christi at Holly Road and Martin Street.
b. The homebuyer assistance must be utilized for closing costs and to buy down
the purchase price of a home.
c. All homes must have the sale price of $85,000 or below, for a 3 bedroom, 2
bathrooms, 1 car garage, and a minimum 1,086 square foot living space home
constructed on an R -1 B lot with a minimum of 6,500 square foot of land.
d. Each homeowner must meet the qualifications in Exhibit B.
e. Each homeowner must execute a note and a deed of trust that conform to
Exhibits C and D of this agreement, or a revised version provided by the City.
6. Services to be Provided by Corporation. The Corporation will provide up to
$20,000 per homeowner for homebuyer assistance to the title company that is used to
close the sale of the home. The funds provided by the Corporation may be used for
closing costs and down payment assistance. The total funds that are paid by the
Corporation may not exceed $200,000.00.
7. Documentation and Reports.
a. Grantee shall maintain all documentation relating to the receipt and
expenditure of the funds provided under this Project Agreement for a period of
three years following the expiration of this Project Agreement or for such longer
period as may be required by Federal or State law.
Affordable Housing - NCCAA - HB4 07222008.doc
— 35Page2of11
b. Grantee shall provide access to all records, documents, reports, and audits,
regarding the funded activity under this Project Agreement, during regular
business hours, for the purpose of inspection and copying by the City Manager.
Furthermore, Grantee shall provide to the City Manager any information
pertinent to this Project Agreement, as may be requested during the term of this
Project Agreement.
c. Grantee shall submit a performance report ( "Quarterly Report") to the City
and the Corporation at least once each quarter, and a complete performance
report ( "Final Report") within 30 days of the expiration of this Project
Agreement. The Quarterly and Final Reports must contain all relevant details
pertaining to any homeowner assistance provided with funds made available
under this agreement, and include any supporting documentation required to
substantiate the written narrative contained in the reports.
The reports must document:
(1) Property appraisal information
(2) Note and Deed of Trust for the property purchased
(3) Expenses incurred for construction project
(4) Purchase price of the new constructed home
(5) Home buyer assistance information - amounts per homebuyer
(6). Balance of 4A grant
(7) Pending project expenses
(8). Status of project time line
(9). Project challenges and anticipated resolutions.
8. Amendments or Modifications.
a. No amendments or modifications to this Project Agreement may be made, nor
any provision waived, unless the amendment or modification is made in writing
and signed by persons duly authorized to sign agreements on behalf of all
parties.
b. The Corporation's Executive Director and City Manager are authorized to
execute minor amendments or modifications to this Project Agreement, by
exchange of letters with the Grantee. The minor amendments and modifications
may relate to the timing of performance and reporting, the scope of work to be
Affordable Housing - NCCAA - HBA 0722200B.doc
Page 3 of 11
-353-
performed, the number of homebuyers assisted, or the amount of assistance
provided to each homebuyer. However, the minor amendments or modifications
may not increase the amounts of money available to the Grantee under this
Project Agreement.
9. Severability.
a. If for any reason, any section, paragraph, subdivision, clause, provision,
phrase or word of this Project Agreement or the application of this Project
Agreement to any person or circumstance is, to any extent, held illegal, invalid,
or unenforceable under present or future law or by a final judgment of a court of
competent jurisdiction, then the remainder of this Project Agreement, or the
application of the term or provision to persons or circumstances other than
those as to which it is held illegal, invalid, or unenforceable, will not be affected
by the law or judgment, for it is the definite intent of the parties to this Project
Agreement that every section, paragraph, subdivision, clause, provision,
phrase, and word of this Project Agreement be given full force and effect for its
purpose.
b. To the extent that any clause or provision is held illegal, invalid, or
unenforceable under present or future law effective during the term of this
Project Agreement, then the remainder of this Project Agreement is not affected
by the law, and in lieu of any illegal, invalid, or unenforceable clause or
provision, a clause or provision, as similar in terms to the illegal, invalid, or
unenforceable clause or provision as may be possible and be legal, valid, and
enforceable, will be added to this Project Agreement automatically.
10. Compliance with Laws. Grantee shall comply with all applicable Federal, State,
and local government laws, rules, regulations, and ordinances which may be relevant to
Grantee's performance under this Project Agreement.
11. Jurisdiction and Venue.
a. This Project Agreement is governed by and must be construed under the
laws of the State of Texas.
b. All actions brought to enforce compliance with this Project Agreement must
be brought in Nueces County, Texas, where this Project Agreement was
entered into and must be performed.
12. Acknowledgment and Construction of Ambiguities. The parties expressly
agree that each has independently read and does understand this Project Agreement.
By Grantee's execution of this Project Agreement, Grantee agrees to be bound by the
terms, covenants, and conditions contained in this Project Agreement. Any ambiguities
in this Project Agreement may not be construed against the drafter.
Affordable Housing - NCCAA - I-IBA 07222008.doc
Page 4 of 11
-354-
13. Indemnity. Grantee must fully indemnify and hold harmless the
City of Corpus Christi, the Corpus Christi Business and Job
Development Corporation, and their officers, employees, and agents
(hereinafter, collectively "Indemnitees ") from and against any and all
liability, damage, loss, claims, demands, expenses, suits, and causes
of action of any nature whatsoever on account of injury or damage to
person (including, without limitation on the foregoing, premises
defects, workers' compensation, and death claims) or property loss or
damage of any kind whatsoever which arise out of or are in any
manner connected with, or are claimed to arise out of or be in any
way connected with, either proximately or remotely, wholly or in part,
any activities by Grantee, its officers, employees, agents, members,
invitees, or independent contractors with respect to this Project
Agreement or the Project that is the subject of this Project
Agreement, regardless of whether such injuries, death, or damages
are caused, or are claimed to be caused, by the contributory
negligence of any of the Indemnitees, but not if caused by the sole
negligence of the Indemnitees unmixed with the fault of any other
person or entity. Grantee covenants and agrees that if Indemnitees,
or any of them, are made a party to any litigation against Grantee or in
any litigation commenced by any party other than Grantee relating to
this Project Agreement or Project, Grantee shall, upon receipt of
reasonable notice regarding commencement of litigation, at its own
expense, investigate all claims and demands, attend to their
settlement or other disposition, defend Indemnitees in all actions
based thereon with legal counsel satisfactory to Indemnitees, and pay
all charges of attorneys and all other costs and expenses of any kind
arising from any said liability, damage, loss, demand, claim, or action.
14. Warranties. Grantee warrants and represents to Corporation the following:
a. Grantee is a duly organized, validly existing, and in good standing under the
laws of the State of Texas, has all authority to carry on its business as presently
conducted in Corpus Christi, Texas.
b. Grantee has the authority to enter into and perform, and will perform, the
terms of this Project Agreement.
c. Grantee has timely filed and will timely file all local, State, and Federal tax
reports and returns required by law to be filed and all taxes, assessments, fees,
and other governmental charges, including applicable ad valorem taxes, have
Affordable Housing - NCCAA - HBA 07222008.doc
- 355age 5 of 11
been timely paid, and will be timely paid, during the term of this Project
Agreement.
d. Grantee has received a copy of the Texas Development Corporation Act of
1979, Art. 5190.6, Vemon's Texas Revised Civil Statutes, and acknowledges that
the funds granted in this Project Agreement must be utilized solely for purposes
authorized under State law and by the terms of this Project Agreement.
e. If an audit determines that the funds were not used for authorized purposes,
Grantee agrees to reimburse Corporation for the sums of money spent for
purposes not authorized by law within 30 days written notice requesting
reimbursement.
f. The parties executing this Project Agreement on behalf of Grantee are duly
authorized to execute this Project Agreement on behalf of Grantee.
15. Events of Default. The following events constitute a default of this Agreement:
a. Failure of Grantee to timely, fully, and completely comply with any one or
more of the requirements, obligations, duties, terms, conditions, or warranties of
this Project Agreement.
b. The Corporation or City determines that any representation or warranty on
behalf of Grantee contained in this Project Agreement or in any financial
statement, certificate, report, proposal, or opinion submitted to the Corporation in
connection with this Project Agreement was incorrect or misleading in any
material respect when made.
c. Any judgment is assessed against Grantee or any attachment or other levy
against the property of Grantee with respect to a claim remains unpaid,
undischarged, or not dismissed for a period of 30 days.
d. Grantee makes an assignment for the benefit of creditors.
e. Grantee files a petition in bankruptcy, or is adjudicated insolvent or bankrupt.
f. If taxes on property owed by Grantee become delinquent, and Grantee fails to
timely and properly follow the legal procedures for protest or contest.
g. Grantee changes the general character of its business as conducted on or
following the date this Agreement is approved by the Corporation.
16. Notice of Default. Should the Corporation or City determine that Grantee is in
default under the terms of this Agreement, the Corporation or City shall notify Grantee in
writing of the event of default and provide 60 days from the date of the notice ( "Cure
Period ") for Grantee to cure the event of default.
Affordable Housing - NCCAA - HBA 07222008.doc
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17. Results of Uncured Default. After exhausting good faith attempts to address any
default during the Cure Period, and taking into account any extenuating circumstances
that might have occurred through no fault of Grantee, as determined by the Board of
Directors of the Corporation, the following actions must be taken for any default that
remains uncured after the Cure Period:
a. Grantee shall immediately repay to Corporation, with interest at the interest
rate paid by the City on its most recently issued general obligation bonds from
date of expiration of Cure Period until fully paid, all funds not used under terms of
this Project Agreement.
b. Grantee shall pay Corporation reasonable attomey fees and costs of court to
collect amounts due to Corporation.
c. The Corporation shall have no further obligations to Grantee under this
Project Agreement and this Project Agreement shall terminate.
d. Neither the City nor the Corporation may be held liable for any consequential
damages.
e. The Corporation may pursue all remedies available under law.
18. No Waiver.
a. No waiver of any covenant or condition, or the breach of any covenant or
condition of this Project Agreement, constitutes a waiver of any subsequent
breach of the covenant or condition of the Project Agreement.
b. No waiver of any covenant or condition, or the breach of any covenant or
condition of this Project Agreement, justifies or authorizes the nonobservance on
any other occasion of the covenant or condition or any other covenant or
condition of this Project Agreement.
c. Any waiver or indulgence of Grantee's default may not be considered an
estoppel against the Corporation.
d. It is expressly understood that if at any time Grantee is in default in any of its
conditions or covenants of this Project Agreement, the failure on the part of the
Corporation to promptly avail itself of the rights and remedies that the
Corporation may have, will not be considered a waiver on the part of the
Corporation, but Corporation may at any time avail itself of the rights or remedies
or elect to terminate this Project Agreement on account of the default.
19. Notices.
a. Any required written notices shall be sent, certified mail, return receipt
requested, addressed as follows:
Affordable Housing - NCCAA - HBA 07222008.doc
_3g9ge7of11
If to Grantee:
Nueces County Community Action Agency
Attn: Executive Director
101 South Padre Island Drive
Corpus Christi, Texas 78405 -4102
If to Corporation:
City of Corpus Christi Business and Job Development Corporation
Attn: Executive Director
1201 Leopard Street
Corpus Christi, Texas 78401
b. A copy of all notices and correspondence must be sent to the City at the
following address:
City of Corpus Christi
Attn.: City Manager
P.O. Box 9277
Corpus Christi, Texas 78469 -9277
c. Notice is effective upon deposit in the United States mail in the manner
provided in subsection a of this section.
20. Incorporation of other documents.
The Corpus Christi Business & Job Development Corporation 4a Board
Affordable Housing Request for Proposals issued April 7, 2008, is incorporated
into this Project Agreement.
21. Relationship of Parties. In performing this Agreement, the Corporation, Grantee,
and the City shall 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.
22. Nonassignment. Grantee may not assign, mortgage, pledge, or transfer this
Project Agreement or any interest contained in this Project Agreement without the prior
written consent of the other parties to this Project Agreement.
23. Non - discrimination.
a. Grantee may not discriminate nor permit discrimination against any person or
group of persons on the grounds of race, gender, disability, religion, age, or national
origin in any manner prohibited by the laws of the United States or the State of
Texas.
Affordable Housing - NCCAA - HBA 07222008.doc
-358-Page 8 of 11
b. The Corporation retains the right to take any action the United States or the State
of Texas may direct to enforce this non - discrimination covenant.
24. Captions. The captions in this Project Agreement are for convenience only and
are not a part of this Project Agreement. The captions do not in any way limit or amplify
the terms and provisions of this Project Agreement.
25. Entire Agreement. This Project Agreement and the referenced and incorporated
documents constitute the entire agreement between the Corporation, the City, and
Grantee for the purpose stated. All other agreements, promises, representations, and
understandings, oral or otherwise, with reference to the subject matter of this Project
Agreement, unless contained in this Project Agreement, are expressly revoked, as the
parties intended to provide for a complete understanding, within the provisions of this
Project Agreement and its referenced and incorporated documents, of the terms,
conditions, promises, and covenants relating to the each party's required performance
under this Project Agreement.
CORPUS CHRISTI BUSINESS &
JOB DEVELOPMENT CORPORATION
Eloy Salazar
Chairman
STATE OF TEXAS §
COUNTY OF NUECES §
Date
ACKNOWLEDGMENT
KNOW ALL BY THESE PRESENTS:
This instrument was acknowledged before me on , 2008,
by Eloy Salazar, Chairman, Corpus Christi Business & Job Development Corporation, a
Texas nonprofit corporation, on behalf of the corporation.
NOTARY PUBLIC
State of Texas
Affordable Housing - NCCAA - NBA 07222008.doc
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ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa George K. Noe
City Secretary City Manager
Date: Date:
APPROVED AS TO FORM: J, 12Y', ?oVc•
✓ R. Jay Reir>jdg
First Assistant City Attorney
for the City Attorney
Affordable Housing - NCCAA - HBA 07222008.doc
-36 &age 10 of 11
NUECES COUNTY COMMUNITY ACTION AGENCY
Joe A. Martinez Date
Executive Director
STATE OF TEXAS
COUNTY OF NUECES
ACKNOWLEDGMENT
KNOW ALL BY THESE PRESENTS:
This instrument was acknowledged before me on 2008,
by Joe A. Martinez, Executive Director, Nueces County Community Action Agency, a
Texas Domestic Non - Profit Corporation, on behalf of the corporation.
NOTARY PUBLIC
Affordable Housing - NCCAA - HBA 07222008.doc
_361Se 11 of 11
Page 1 of 3
RESOLUTION
AUTHORIZING THE CORPUS CHRISTI BUSINESS AND JOB
DEVELOPMENT CORPORATION TO EXECUTE AN
AFFORDABLE HOUSING PROJECT AGREEMENT WITH CITY
OF CORPUS CHRISTI, IN THE AMOUNT OF $32,500, FOR
REIMBURSEMENT OF SUPPORT SERVICES PROVIDED TO 4A
AFFORDABLE HOUSING PROGRAMS, AND AUTHORIZING
THE CITY MANAGER, OR DESIGNEE, TO EXECUTE AN
AFFORDABLE HOUSING PROJECT SERVICE AGREEMENT
WITH THE CORPUS CHRISTI BUSINESS AND JOB
DEVELOPMENT CORPORATION REGARDING
IMPLEMENTATION AND ADMINISTRATION OF THE
AFFORDABLE HOUSING PROJECT AGREEMENT BETWEEN
CORPORATION AND CITY OF CORPUS CHRISTI
WHEREAS, there is a need for an affordable housing project service agreement
between the City of Corpus Christi and the Corpus Christi Business and Job
Development Corporation for the implementation and administration of the
affordable housing project agreement with City of Corpus Christi for
Reimbursement of Support Services Provided to 4A Affordable Housing
Programs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. The Corpus Christi Business and Job Development Corporation is
authorized to execute the affordable housing project agreement with City of
Corpus Christi for Reimbursement of Support Services Provided to 4A Affordable
Housing Programs, which is attached to this resolution as Exhibit A, and expend
up to $32,500 of funds available to the Corporation for that purpose.
SECTION 2. That the City Manager, or designee, is authorized to execute the
affordable housing project service agreement between the City of Corpus Christi
and the Corpus Christi Business and Job Development Corporation for the
implementation and administration of the affordable housing project agreement
with City of Corpus Christi, which is attached to this resolution as Exhibit B.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
H:LLEG- DIR\SharedUay\ genda\2008\8 -12 \Res- AfforaS Qeusing- CityofCC.doc
Page 2of3
APPROVED as to form: July /2008
R. Jay
First ' ssis - nt City £ orney
For the City Attor -y
H:\ LEG- DIR\SharedUay\Agenda\2008 \8 -12 \Res- AfforTlC Nddsing- CityofCC.doc
Page 3 of 3
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
H:\ LEG- DIR \SharedUay \genda\200B\B- 12\Res -Afford sing- CityofCC.doc
AFFORDABLE HOUSING PROJECT AGREEMENT
CITY OF CORPUS CHRISTI — REIMBURSEMENT OF SUPPORT SERVICES
PROVIDED TO 4A AFFORDABLE HOUSING PROGRAMS
This Affordable Housing Project Agreement ( "Project Agreement ") is entered into
between the Corpus Christi Business and Job Development Corporation ( "Corporation ")
and the City of Corpus Christi ( "City").
WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vemon's Texas
Revised Civil Statutes (Development Corporation Act of 1979) empowered local
communities with the ability to adopt an optional local sales and use tax as a means of
improving the economic health and prosperity of their citizens;
WHEREAS, on November 5, 2002, residents of the City of Corpus Christi passed
Proposition 2, New and Expanded Business Enterprises, which authorized the adoption
of a sales and use tax for the promotion and development of new and expanded
business enterprises at the rate of one - eighth of one percent to be imposed for 15
years;
WHEREAS, in the same election, the residents of the City passed Proposition 2B,
Affordable Housing, which authorized the use of a portion of the sales and use tax
approved under Proposition 2 for affordable housing, up to $500,000 annually, so long
as there are projects for which the'amount can reasonably be used;
WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 and allocated
under Proposition 2B for affordable housing was subsequently enacted by the City's
City Council ( "City Council "), and filed with the State Comptroller of Texas, effective
April 1, 2003, to be administered by the Corporation's Board of Directors ( "Board ");
WHEREAS, the Board issued a request for proposals for affordable housing projects;
WHEREAS, the City submitted a proposal to the Board for reimbursement of
administrative services provided to support 4A affordable housing programs;
WHEREAS, the Board has determined that it is in the best interests of the residents of
the City of Corpus Christi that affordable housing funds be awarded, by execution of this
Project Agreement, to accomplish the affordable housing project described in this
agreement and in the City's proposal;
In consideration of the covenants, promises, and conditions stated in this Project
Agreement, the Corporation and the City agree as follows:
1. Project Agreement to Implement Affordable Housing Project. This Project
Agreement between the Corporation and City is executed to implement the promotion
and development of an affordable housing project proposed by the City in response to
the Board's request for proposals ( "Project Response "). The Project Response
submitted by the City, entitled "Reimbursement of Administrative Services Provided to
Page 1 of 8
Affordable Housing - CofCC - 4A Admin 07222008.doc —36 5-
Fvh:k:A
Support 4A Affordable Housing Programs" ( "Project") is attached to this Project
Agreement as Exhibit A, and is incorporated in this Project Agreement by reference.
2. Effective Date. The effective date of this Project Agreement is the latest date on
which a party to the Project Agreement executes this Project Agreement. ( "Effective
Date ")
3. Expiration Date. This Project Agreement expires on July 31, 2009.
4. Services to be Provided by City.
a. The City, through the City's City Manager, or designee ( "City Manager"),
administers the funding and performs support services, including contract
administration, as outlined in this Project Agreement, for the Corporation.
b. The City's Neighborhood Services Department ( "NSD ") Housing Division staff
will provide the support services to the various affordable housing programs that
are funded through the Corporation. Because the NSD Housing staff is funded at
100% by federal funds through the Department of Housing and Urban
Development's (HUD) Community Development Block Grants (CDBG), it is
necessary to reimburse the Housing staff time spent on the processing and
otherwise supporting the 4A affordable housing programs and projects.
5. Grant to be Provided by Corporation. The Corporation will reimburse the City up
to $32,500.00 for support services of the Corporation's affordable housing programs
and projects.
6. Documentation and Reports.
a. The City shall maintain all documentation relating to the receipt and
expenditure of the funds provided under this Project Agreement for a period of
three years following the expiration of this Project Agreement or for such longer
period as may be required by Federal or State law.
b. The City shall provide access to all records, documents, reports, and audits,
regarding the funded activity under this Project Agreement, during regular
business hours, for the purpose of inspection and copying by the City Manager.
Furthermore, the City shall provide to the City Manager any information
pertinent to this Project Agreement, as may be requested during the term of this
Project Agreement.
c. The City shall submit a performance report ( "Quarterly Report") to the City
and the Corporation at least once each quarter, and a complete performance
report ( "Final Report") within 30 days of the expiration of this Project
Agreement. The Quarterly and Final Reports must contain all relevant details
pertaining to the support provided for the 4A affordable housing programs and
projects, and include any supporting documentation required to substantiate the
written narrative contained in the reports. The reports must address:
Page 2 of 8
Affordable Housing - CofCC - 4A Admin 0722200B.doc _3 6 6-
(1) Staff time sheets
2.) Documentation of projects and support provided for 4A programs
3.) Balance of project funds
4.) Anticipated project time line.
6. Amendments or Modifications.
a. No amendments or modifications to this Project Agreement may be made, nor
any provision waived, unless the amendment or modification is made in writing
and signed by persons duly authorized to sign agreements on behalf of all
parties.
b. The Corporation's Chairman and the City Manager are authorized to execute
minor amendments or modifications to this Project Agreement, by exchange of
letters with the Corporation. The minor amendments and modifications may
relate to the timing of performance and reporting, the scope of work to be
performed, the number of homebuyers assisted, or the amount of assistance
provided to each homebuyer. However, the minor amendments or modifications
may not increase the amounts of money available to the City under this Project
Agreement.
7. Severability.
a. If for any reason, any section, paragraph, subdivision, clause, provision,
phrase or word of this Project Agreement or the application of this Project
Agreement to any person or circumstance is, to any extent, held illegal, invalid,
or unenforceable under present or future law or by a final judgment of a court of
competent jurisdiction, then the remainder of this Project Agreement, or the
application of the term or provision to persons or circumstances other than
those as to which it is held illegal, invalid, or unenforceable, will not be affected
by the law or judgment, for it is the definite intent of the parties to this Project
Agreement that every section, paragraph, subdivision, clause, provision,
phrase, and word of this Project Agreement be given full force and effect for its
purpose.
b. To the extent that any clause or provision is held illegal, invalid, or
unenforceable under present or future law effective during the term of this
Project Agreement, then the remainder of this Project Agreement is not affected
by the law, and in lieu of any illegal, invalid, or unenforceable clause or
provision, a clause or provision, as similar in terms to the illegal, invalid, or
unenforceable clause or provision as may be possible and be legal, valid, and
enforceable, will be added to this Project Agreement automatically.
Page 3 of 8
Affordable Housing - CorCC - 4A gdmin 07222008.doc
—367-
8. Compliance with Laws. The City shall comply with all applicable Federal, State,
and local govemment laws, rules, regulations, and ordinances which may be relevant to
the City's performance under this Project Agreement.
9. Jurisdiction and Venue.
a. This Project Agreement is governed by and must be construed under the
laws of the State of Texas.
b. All actions brought to enforce compliance with this Project Agreement must
be brought in Nueces County, Texas, where this Project Agreement was
entered into and must be performed.
10. Acknowledgment and Construction of Ambiguities. The parties expressly
agree that each has independently read and does understand this Project Agreement.
By the City's execution of this Project Agreement, the City agrees to be bound by the
terms, covenants, and conditions contained in this Project Agreement. Any ambiguities
in this Project Agreement may not be construed against the drafter.
11. Indemnity. The City must fully indemnify and hold harmless the
City of Corpus Christi, the Corpus Christi Business and Job
Development Corporation, and their officers, employees, and agents
(hereinafter, collectively "Indemnitees ") from and against any and all
liability, damage, loss, claims, demands, expenses, suits, and causes
of action of any nature whatsoever on account of injury or damage to
person (including, without limitation on the foregoing, premises
defects, workers' compensation, and death claims) or property loss or
damage of any kind whatsoever which arise out of or are in any
manner connected with, or are claimed to arise out of or be in any
way connected with, either proximately or remotely, wholly or in part,
any activities by the City, its officers, employees, agents, members,
invitees, or independent contractors with respect to this Project
Agreement or the Project that is the subject of this Project
Agreement, regardless of whether such injuries, death, or damages
are caused, or are claimed to be caused, by the contributory
negligence of any of the lndemnitees, but not if caused by the sole
negligence of the Indemnitees unmixed with the fault of any other
person or entity. The City covenants and agrees that if Indemnitees,
or any of them, are made a party to any litigation against the City or in
any litigation commenced by any party other than the City relating to
this Project Agreement or Project, the City shall, upon receipt of
reasonable notice regarding commencement of litigation, at its own
expense, investigate all claims and demands, attend to their
Page 4 of 8
Affordable Housing - CofCC - 4A Admin 07222008.doc —368—
settlement or other disposition, defend /ndemnitees in all actions
based thereon with legal counsel satisfactory to /ndemnitees, and pay
all charges of attorneys and all other costs and expenses of any kind
arising from any said liability, damage, loss, demand, claim, or action.
12. Warranties. The City warrants and represents to Corporation the following:
a. The City is a duly organized, validly existing, and in good standing under the
laws of the State of Texas, has all authority to carry on its business as presently
conducted in Corpus Christi, Texas.
b. The City has the authority to enter into and perform, and will perform, the
terms of this Project Agreement.
c. The City has received a copy of the Texas Development Corporation Act of
1979, Art. 5190.6, Vernon's Texas Revised Civil Statutes, and acknowledges that
the funds granted in this Project Agreement must be utilized solely for purposes
authorized under State law and by the terms of this Project Agreement.
d. If an audit determines that the funds were not used for authorized purposes,
the City agrees to reimburse Corporation for the sums of money spent for
purposes not authorized by law within 30 days written notice requesting
reimbursement.
e. The parties executing this Project Agreement on behalf of the City are duly
authorized to execute this Project Agreement on behalf of the City.
13. Events of Default. The following events constitute a default of this Agreement:
a. Failure of the City to timely, fully, and completely comply with any one or more
of the requirements, obligations, duties, terms, conditions, or warranties of this
Project Agreement.
b. The Corporation determines that any representation or warranty on behalf of
the City contained in this Project Agreement or in any financial statement,
certificate, report, proposal, or opinion submitted to the Corporation in connection
with this Project Agreement was incorrect or misleading in any material respect
when made.
c. The City changes the general character of its business as conducted on or
following the date this Agreement is approved by the Corporation.
14. Notice of Default. Should the Corporation determine that the City is in default
under the terms of this Agreement, the Corporation shall notify the City in writing of the
event of default and provide 60 days from the date of the notice ( "Cure Period ") for the
City to cure the event of default. .
Affordable Housing - CofCC - 4A Admin 072220o8.doc —.5 ge 5 of 8
9 a
15. Results of Uncured Default. After exhausting good faith attempts to address any
default during the Cure Period, and taking into account any extenuating circumstances
that might have occurred through no fault of the City, as determined by the Board of
Directors of the Corporation, the following actions must be taken for any default that
remains uncured after the Cure Period:
a. The City shall immediately repay to Corporation, with interest at the interest
rate paid by the City on its most recently issued general obligation bonds from
date of expiration of Cure Period until fully paid, all funds not used under terms of
this Project Agreement.
b. The City shall pay Corporation reasonable attorney fees and costs of court to
collect amounts due to Corporation.
c. The Corporation shall have no further obligations to the City under this Project
Agreement and this Project Agreement shall terminate.
d. The Corporation may be held liable for any consequential damages.
e. The Corporation may pursue all remedies available under law.
16. No Waiver.
a. No waiver of any covenant or condition, or the breach of any covenant or
condition of this Project Agreement, constitutes a waiver of any subsequent
breach of the covenant or condition of the Project Agreement.
b. No waiver of any covenant or condition, or the breach of any covenant or
condition of this Project Agreement, justifies or authorizes the nonobservance on
any other occasion of the covenant or condition or any other covenant or
condition of this Project Agreement.
c. Any waiver or indulgence of the City's default may not be considered an
estoppel against the Corporation.
d. It is expressly understood . that if at any time the City is in default in any of its
conditions or covenants of this Project Agreement, the failure on the part of the
Corporation to promptly avail itself of the rights and remedies that the
Corporation may have, will not be considered a waiver on the part of the
Corporation, but Corporation may at any time avail itself of the rights or remedies
or elect to terminate this Project Agreement on account of the default.
17. Notices.
a. Any required written notices shall be sent, certified mail, retum receipt
requested, addressed as follows:
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Affordable Housing - CofCC - 4A Admin 07222008.doc —3 7 0 -
If to the City:
City of Corpus Christi
Attn.: City Manager
P.O. Box 9277
Corpus Christi, Texas 78469 -9277
If to Corporation:
City of Corpus Christi Business and Job Development Corporation
Attn: Executive Director
1201 Leopard Street
Corpus Christi, Texas 78401
b. Notice is effective upon deposit in the United States mail in the manner
provided in subsection a of this section.
18. Incorporation of other documents.
The Corpus Christi Business & Job Development Corporation 4A Board
Affordable Housing Request for Proposals issued April 7, 2008, is incorporated
into this Project Agreement.
19. Relationship of Parties. In performing this Agreement, the Corporation and the
City shall 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.
20. Nonassignment. The City may not assign, mortgage, pledge, or transfer this
Project Agreement or any interest contained in this Project Agreement without the prior
written consent of the other parties to this Project Agreement.
21. Non- discrimination.
a. The City may not discriminate nor permit discrimination against any person or
group of persons on the grounds of race, gender, disability, religion, age, or national
origin in any manner prohibited by the laws of the United States or the State of
Texas.
b. The Corporation retains the right to take any action the United States or the State
of Texas may direct to enforce this non - discrimination covenant.
22. Captions. The captions in this Project Agreement are for convenience only and
are not a part of this Project Agreement. The captions do not in any way limit or amplify
the terms and provisions of this Project Agreement.
Page 7 of 8
Affordable Housing - CofCC - 4A Admin 07222008.doc — 371—
23. Entire Agreement. This Project Agreement and the referenced and incorporated
documents constitute the entire agreement between the Corporation, the City, and the
City for the purpose stated. All other agreements, promises, representations, and
understandings, oral or otherwise, with reference to the subject matter of this Project
Agreement, unless contained in this Project Agreement, are expressly revoked, as the
parties intended to provide for a complete understanding, within the provisions of this
Project Agreement and its referenced and incorporated documents, of the terms,
conditions, promises, and covenants relating to the each party's required performance
under this Project Agreement.
CORPUS CHRISTI BUSINESS &
JOB DEVELOPMENT CORPORATION
Eloy Salazar
Chairman
ATTEST:
Armando Chapa
City Secretary
Date
CITY OF CORPUS CHRISTI
George K. Noe
City Manager
Date: Date:
APPROVED AS TO FORM: ..iv i ?Doi
R. Jay Rejrrfng
First Assistant City Attomey
for the City Attorney
Page 8 of 8
Affordable Housing - CofCC - 4A Admin 07222008.doc _37 2 _
AFFORDABLE HOUSING PROJECT SERVICE AGREEMENT
This Affordable Housing Project Service Agreement (" Service Agreement ") is entered
into between the Corpus Christi Business and Job Development Corporation
( "Corporation ") and the City of Corpus Christi, Texas ( "City ").
WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas
Revised Civil Statutes (Development Corporation Act of 1979) empowered local
communities with the ability to adopt an optional local sales and use tax as a means of
improving the economic health and prosperity of their citizens;
WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ( "City ")
passed Proposition 2, New and Expanded Business Enterprises, which authorized the
adoption of a sales and use tax for the promotion and development of new and
expanded business enterprises at the rate of one - eighth of one percent to be imposed
for 15 years;
WHEREAS, in the same election, the residents of the City passed Proposition 2B,
Affordable Housing, which authorized the use of a portion of the sales and use tax
approved under Proposition 2 for affordable housing, up to $500,000 annually, so long
as there are projects for which the amount can reasonably be used;
WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 and allocated
under Proposition 2B for affordable housing was subsequently enacted by the City's
City Council ( "City Council "), and filed with the State Comptroller of Texas, effective
April 1, 2003, to be administered by the Corporation's Board of Directors ( "Board ");
WHEREAS, the Corporation is authorized to promote the development and expansion
of affordable housing, as defined by 42 U.S.C. Section12745, for the citizens of Corpus
Christi, Texas;
WHEREAS, on April 7, 2008, the Board issued a request for proposals for affordable
housing projects;
WHEREAS, Section 21 of the Texas Development Corporation Act of 1979, Art. 5190.6,
Vernon's Texas Revised Civil Statutes, requires the City Council to approve all
programs and expenditures of the Corporation;
WHEREAS, City of Corpus Christi ( "Grantee ") submitted a proposal to the Board to
request funds for the Reimbursement of Support Services Provided to 4A Affordable
Housing Programs;
WHEREAS, the Board has determined that it is in the best interests of the residents of
the City of Corpus Christi that affordable housing funds be awarded, and by execution
of the Affordable Housing Project Agreement between the Board and Grantee, to
accomplish the affordable housing project described in that agreement and the
Grantee's proposal;
7 age 1 of 3
H:\ LEG- DIR\ SharedUay \gendal200B \8- 12\Affordable Housi4 lorqct Service Agreement 4A- CityofCC.doc
WHEREAS, the City Council concurs with the Board's determination that it is in the best
interests of the residents of the City of Corpus Christi that affordable housing funds be
awarded. The City Council authorizes the Affordable Housing Project Agreement
between the Board and Grantee;
In consideration of the covenants, promises, and conditions stated in this Service
Agreement, the Corporation and the City agree as follows:
1. Service Agreement to Implement Affordable Housing Project Agreement. This
Service Agreement between the City and the Corporation is executed to implement the
Affordable Housing Project Agreement between the Corporation and Grantee.
2. Term. The term of this Service Agreement runs concurrently with the term of the
Affordable Housing Project Agreement.
3. Services to be Provided by City.
a. The City Manager, or the City Manager's designee, shall administer funding
on behalf of the Corporation.
b. The City Manager, or the City Manager's designee, shall perform contract
administration responsibilities outlined in the Affordable Housing Project
Agreement for the Corporation.
4. Appropriation of Funds. Any future payments by the City are subject to
appropriation of funds by City's Council.
5. Effective Date. The effective date of this Service Agreement is the latest date that
either party executes this Service Agreement.
6. Amendments or Modifications. No amendments or modifications to this Service
Agreement may be made, nor any provision waived, unless in writing signed by a
person duly authorized to sign agreements on behalf of each party.
7. Severability.
a. If for any reason, any section, paragraph, subdivision, clause, provision,
phrase or word of this Service Agreement or the application of this Service
Agreement to any person or circumstance is, to any extent, held illegal, invalid, or
unenforceable under present or future law or by a final judgment of a court of
competent jurisdiction, then the remainder of this Service Agreement, or the
application of the term or provision to persons or circumstances other than those
as to which it is held illegal, invalid, or unenforceable, will not be affected by the
law or judgment, for it is the definite intent of the parties to this Service
Agreement that every section, paragraph, subdivision, clause, provision, phrase,
or word of this Service Agreement be given full force and effect for its purpose.
A Page 2 of 3
H:\ LEG- DIR \Shared\Jay\Agenda \2008 \8- 12\Affordable Aa�e�i4vroject Service Agreement 4A- CityofCC.doc
b. To the extent that any clause or provision is held illegal, invalid, or
unenforceable under present or future law effective during the term of this
Service Agreement, then the remainder of this Service Agreement is not affected
by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision,
a clause or provision, as similar in terms to the illegal, invalid, or unenforceable
clause or provision as may be possible and be legal, valid, and enforceable, will
be added to this Service Agreement automatically.
8. Captions. The captions in this Service Agreement are for convenience only and are
not a part of this Service Agreement. The captions do not in any way limit or amplify the
terms and provisions of this Service Agreement.
The City of Corpus Christi Corpus Christi Business &
Job Development Corporation
George K. Noe Eloy Salazar
City Manager Chairperson
Date: Date:
Attest
Armando Chapa
City Secretary
Approved as to Legal Form this _day of July, 2008.
R. Jay Reining
First Assistant City Attorney
for City Attorney
p Page 3of3
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Page 1 of 3
RESOLUTION
AUTHORIZING THE CORPUS CHRISTI BUSINESS AND JOB
DEVELOPMENT CORPORATION TO EXECUTE AN
AFFORDABLE HOUSING PROJECT AGREEMENT WITH
VANGUARD HALL CONSULTING FIRM, INC., IN THE AMOUNT
OF $180,000, FOR HOME BUYERS ASSISTANCE, AND
AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO
EXECUTE AN AFFORDABLE HOUSING PROJECT SERVICE
AGREEMENT WITH THE CORPUS CHRISTI BUSINESS AND
JOB DEVELOPMENT CORPORATION REGARDING
IMPLEMENTATION AND ADMINISTRATION OF THE
AFFORDABLE HOUSING PROJECT AGREEMENT BETWEEN
CORPORATION AND VANGUARD HALL CONSULTING, FIRM,
INC.
WHEREAS, there is a need for an affordable housing project service agreement
between the City of Corpus Christi and the Corpus Christi Business and Job
Development Corporation for the implementation and administration of the
affordable housing project agreement with Vanguard Hall Consulting Firm, Inc.
for Home Buyers Assistance.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. The Corpus Christi Business and Job Development Corporation is
authorized to execute the affordable housing project agreement with Vanguard
Hall Consulting Firm, Inc. for Home Buyers Assistance, which is attached to this
resolution as Exhibit A, and expend $180,000 of funds available to the
Corporation for that purpose.
SECTION 2. That the City Manager, or designee, is authorized to execute the
affordable housing project service agreement between the City of Corpus Christi
and the Corpus Christi Business and Job Development Corporation for the
implementation and administration of the affordable housing project agreement
with Vanguard Hall Consulting Firm, Inc., which is attached to this resolution as
Exhibit B.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
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Page2of3
APPROVED as to form: July , 2008
R. Jay
First As stafit City forney
For the City Attorney
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Page 3 of 3
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
HALEG- DIR\Shared\Jay Agenda \2008\8 -12\ Res- Afford4%8aeing- VanguardHall.doc
AFFORDABLE HOUSING PROJECT AGREEMENT
VANGUARD HALL CONSULTING FIRM, INC. — HOME BUYER ASSISTANCE
This Affordable Housing Project Agreement ( "Project Agreement ") is entered into
between the Corpus Christi Business and Job Development Corporation
( "Corporation "), the City of Corpus Christi ( "City "), and Vanguard Hall Consulting Firm,
Inc. ( "Grantee ").
WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas
Revised Civil Statutes (Development Corporation Act of 1979) empowered local
communities with the ability to adopt an optional local sales and use tax as a means of
improving the economic health and prosperity of their citizens;
WHEREAS, on November 5, 2002, residents of the City of Corpus Christi passed
Proposition 2, New and Expanded Business Enterprises, which authorized the adoption
of a sales and use tax for the promotion and development of new and expanded
business enterprises at the rate of one - eighth of one percent to be imposed for 15
years;
WHEREAS, in the same election, the residents of the City passed Proposition 2B,
Affordable Housing, which authorized the use of a portion of the sales and use tax
approved under Proposition 2 for affordable housing, up to $500,000 annually, so long
as there are projects for which the amount can reasonably be used;
WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 and allocated
under Proposition 2B for affordable housing was subsequently enacted by the City's
City Council ( "City Council "), and filed with the State Comptroller of Texas, effective
April 1, 2003, to be administered by the Corporation's Board of Directors ( "Board ");
WHEREAS, the Board issued a request for proposals for affordable housing projects;
WHEREAS, Grantee submitted a proposal to the Board to request funds to provide
homebuyer assistance to 9 low to moderate income homebuyers, to assist with down
payment and closing costs toward the purchase of a newly constructed energy efficient
home at an amount up to $20,000 each home buyer not to exceed a total granted
amount of $180,000;
WHEREAS, the Board has determined that it is in the best interests of the residents of
the City of Corpus Christi that affordable housing funds be awarded, by execution of this
Project Agreement, to accomplish the affordable housing project described in this
agreement and in a portion of the Grantee's proposal;
In consideration of the covenants, promises, and conditions stated in this Project
Agreement, the Corporation, Grantee, and the City agree as follows:
7: Project Agreement to Implement Affordable Housing Project. This `Project
Agreement between the Corporation, the City, and Grantee is executed to implement
Affordable Housing - Vanguard - NBA 07152008.doc
Pa ge/ dot 11
the promotion and development of an affordable housing project proposed by Grantee
in response to the Board's request for proposals ( "Project Response "). The Project
Response submitted by Grantee, entitled "Vanguard Home Buyer Assistance Program"
( "Project ") is attached to this Project Agreement as Exhibit A, and is incorporated in this
Project Agreement by reference.
2. Effective Date. The effective date of this Project Agreement is the latest date on
which a party to the Project Agreement executes this Project Agreement. ( "Effective
Date ")
3. Expiration Date. This Project Agreement expires on January 31, 2010.
4. Services to be Provided by City.
a. The City, through the City's City Manager or his designee ( "City Manager"),
administers the funding and performs contract administration responsibilities, as
outlined in this Project Agreement, for the Corporation.
5. Services to be Provided by Grantee.
a. Grantee shall assist 9 families with Down Payment and Closing Cost
Assistance for the purchase of affordable single - family homes.
b. The single family homes must be built with new "Green" construction
methods, including, but not limited to, Structural Insulated Panels (SIPS), Radiant
Barriers, Solar Screens, and Energy Efficient Appliances.
c. The single family homes must be based on one of the four (4) floor plans
submitted in the Grantee's proposal, which will have between 1140 -1250 square
feet and will be offered at the sale price of $85,000 to $95,000.
d. The homebuyer assistance must be utilized for closing costs and to buy down
the purchase price of a home.
e. Each homeowner must meet the qualifications in Exhibit B.
f. Each homeowner must execute a note and a deed of trust that conform to
Exhibits C and D of this agreement, or a revised version provided by the City.
6. Services to be Provided by Corporation. The Corporation will provide up to
$20,000 per homeowner for homebuyer assistance to the title company that is used to
close the sale of the home. The funds provided by the Corporation may be used for
closing costs and down payment assistance The total funds paid by the Corporation
may not exceed $180,000.00.
Affordable Housing - Vanguard - HBA 07152008.doc
— 380age 2 of 11
7. Documentation and Reports.
a. Grantee shall maintain all documentation relating to the receipt and
expenditure of the funds provided under this Project Agreement for a period of
three years following the expiration of this Project Agreement or for such longer
period as may be required by Federal or State law.
b. Grantee shall provide access to all records, documents, reports, and audits,
regarding the funded activity under this Project Agreement, during regular
business hours, for the purpose of inspection and copying by the City Manager.
Furthermore, Grantee shall provide to the City Manager any information
pertinent to this Project Agreement, as may be requested during the term of this
Project Agreement.
c. Grantee shall submit a performance report ( "Quarterly Report") to the City
and the Corporation at least once each quarter, and a complete performance
report ( "Final Report") within 30 days of the expiration of this Project
Agreement. The Quarterly and Final Reports must contain all relevant details
pertaining to any homeowner assistance provided with funds made available
under this agreement, and include any supporting documentation required to
substantiate the written narrative contained in the reports. The reports must
document:
(1) Property appraisal information
(2) Title and Deed of Trust for the property purchased
(3) Expenses incurred for construction project
(4) Purchase price of the new constructed home
(5) Horne buyer assistance information — amounts per. homebuyer
(6). Itemized Energy efficiency (green building) features with documented
expenses
(7). Balance of 4A grant
(8) Pending project expenses
(9). Status of project time line
(10). Project challenges and anticipated resolutions.
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8. Amendments or Modifications.
a. No amendments or modifications to this Project Agreement may be made, nor
any provision waived, unless the amendment or modification is made in writing
and signed by persons duly authorized to sign agreements on behalf of all
parties.
b. The Corporation's Executive Director and City Manager are authorized to
execute minor amendments or modifications to this Project Agreement, by
exchange of letters with the Grantee. The minor amendments and modifications
may relate to the timing of performance and reporting, the scope of work to be
performed, the number of homebuyers assisted, or the amount of assistance
provided to each homebuyer. However, the minor amendments or modifications
may not increase the amounts of money available to the Grantee under this
Project Agreement.
9. Severability.
a. If for any reason, any section, paragraph, subdivision, clause, provision,
phrase or word of this Project Agreement or the application of this Project
Agreement to any person or circumstance is, to any extent, held illegal, invalid,
or unenforceable under present or future law or by a final judgment of a court of
competent jurisdiction, then the remainder of this Project Agreement, or the
application of the term or provision to persons or circumstances other than
those as to which it is held illegal, invalid, or unenforceable, will not be affected
by the law or judgment, for it is the definite intent of the parties to this Project
Agreement that every section, paragraph, subdivision, clause, provision,
phrase, and word of this Project Agreement be given full force and effect for its
purpose.
b. To the extent that any clause or provision is held illegal, invalid, or
unenforceable under present or future law effective during the term of this
Project Agreement, then the remainder of this Project Agreement is not affected
by the law, and in lieu of any illegal, invalid, or unenforceable clause or
provision, a clause or provision, as similar in terms to the illegal, invalid, or
unenforceable clause or provision as may be possible and be legal, valid, and
enforceable, will be added to this Project Agreement automatically.
10. Compliance with Laws. Grantee shall comply with all applicable Federal, State,
and local government laws; rules, regulations, and ordinances which may be relevant to
Grantee's performance under this Project Agreement.
11. Jurisdiction and Venue.
a. This Project Agreement is governed by and must be construed under the
laws of the State of Texas.
Affordable Housing - Vanguard - HBA 07152006.doc
PaT31 of 11
b. All actions brought to enforce compliance with this Project Agreement must
be brought in Nueces County, Texas, where this Project Agreement was
entered into and must be performed.
12. Acknowledgment and Construction of Ambiguities. The parties expressly
agree that each has independently read and does understand this Project Agreement.
By Grantee's execution of this Project Agreement, Grantee agrees to be bound by the
terms, covenants, and conditions contained in this Project Agreement. Any ambiguities
in this Project Agreement may not be construed against the drafter.
13. Indemnity. Grantee must fully indemnify and hold harmless the
City of Corpus Christi, the Corpus Christi Business and Job
Development Corporation, and their officers, employees, and agents
(hereinafter, collectively "Indemnitees ") from and against any and all
liability, damage, loss, claims, demands, expenses, suits, and causes
of action of any nature whatsoever on account of injury or damage to
person (including, without limitation on the foregoing, premises
defects, workers' compensation, and death claims) or property loss or
damage of any kind whatsoever which arise out of or are in any
manner connected with, or are claimed to arise out of or be in any
way connected with, either proximately or remotely, wholly or in part,
any activities by Grantee, its officers, employees, agents, members,
invitees, or independent contractors with respect to this Project
Agreement or the Project that is the subject of this Project
Agreement, regardless of whether such injuries, death, or damages
are caused, or are claimed to be caused, by the contributory
negligence of any of the Indemnitees, but not if caused by the sole
negligence of the Indemnitees unmixed with the fault of any other
person or entity. Grantee covenants and agrees that if Indemnitees,
or any of them, are made a party to any litigation against Grantee or in
any litigation commenced by any party other than Grantee relating to
this Project Agreement or Project, Grantee shall, upon receipt of
reasonable notice regarding commencement of litigation, at its own
expense, investigate all claims and demands, attend to their
settlement or other disposition, defend Indemnitees in all actions
based thereon with legal counsel satisfactory to Indemnitees, and pay
all charges of attorneys and all other costs and expenses of any kind
arising from any said liability, damage, loss, demand, claim, or action.
Affordable Housing - Vanguard - HBA 07152008.doc
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14. Warranties. Grantee warrants and represents to Corporation the following:
a. Grantee is a duly organized, validly existing, and in good standing under the
laws of the State of Texas, has all authority to carry on its business as presently
conducted in Corpus Christi, Texas.
b. Grantee has the authority to enter into and perform, and will perform, the
terms of this Project Agreement.
c. Grantee has timely filed and will timely file all local, State, and Federal tax
reports and returns required by law to be filed and all taxes, assessments, fees,
and other governmental charges, including applicable ad valorem taxes, have
been timely paid, and will be timely paid, during the term of this Project
Agreement.
d. Grantee has received a copy of the Texas Development Corporation Act of
1979, Art. 5190.6, Vemon's Texas Revised Civil Statutes, and acknowledges that
the funds granted in this Project Agreement must be utilized solely for purposes
authorized under State law and by the terms of this Project Agreement.
e. If an audit determines that the funds were not used for authorized purposes,
Grantee agrees to reimburse Corporation for the sums of money spent for
purposes not authorized by law within 30 days written notice requesting
reimbursement.
f. The parties executing this Project Agreement on behalf of Grantee are duly
authorized to execute this Project Agreement on behalf of Grantee.
15. Events of Default. The following events constitute a default of this Agreement:
a. Failure of Grantee to timely, fully, and completely comply with any one or
more of the requirements, obligations, duties, terms, conditions, or warranties of
this Project Agreement.
b. The Corporation or City determines that any representation or warranty on
behalf of Grantee contained in this Project Agreement or in any financial
statement, certificate, report, proposal, or opinion submitted to the Corporation in
connection with this Project Agreement was incorrect or misleading in any
material respect when made.
c. Any judgment is assessed against Grantee or any attachment or other levy
against the property of Grantee with respect to a claim remains unpaid,
undischarged, or not dismissed for a period of 30 days.
d. Grantee makes an assignment for the benefit of creditors.
e. Grantee files a petition in bankruptcy, or is adjudicated insolvent or bankrupt.
Affordable Housing - Vanguard - HBA 07152008.doc
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f. If taxes on property owed by Grantee become delinquent, and Grantee fails to
timely and properly follow the legal procedures for protest or contest.
g. Grantee changes the general character of its business as conducted on or
following the date this Agreement is approved by the Corporation.
16. Notice of Default. Should the Corporation or City determine that Grantee is in
default under the terms of this Agreement, the Corporation or City shall notify Grantee in
writing of the event of default and provide 60 days from the date of the notice ( "Cure
Period ") for Grantee to cure the event of default.
17. Results of Uncured Default. After exhausting good faith attempts to address any
default during the Cure Period, and taking into account any extenuating circumstances
that might have occurred through no fault of Grantee, as determined by the Board of
Directors of the Corporation, the following actions must be taken for any default that
remains uncured after the Cure Period:
a. Grantee shall immediately repay to Corporation, with interest at the interest
rate paid by the City on its most recently issued general obligation bonds from
date of expiration of Cure Period until fully paid, all funds not used under terms of
this Project Agreement.
b. Grantee shall pay Corporation reasonable attorney fees and costs of court to
collect amounts due to Corporation.
c. The Corporation shall have no further obligations to Grantee under this
Project Agreement and this Project Agreement shall terminate.
d. Neither the City nor the Corporation may be held liable for any consequential
damages.
e. The Corporation may pursue all remedies available under law.
18. No Waiver.
a. No waiver of any covenant or condition, or the breach of any covenant or
condition of this Project Agreement, constitutes a waiver of any subsequent
breach of the covenant or condition of the Project Agreement.
b. No waiver of any covenant or condition, or the breach of any covenant or
condition of this Project Agreement, justifies or authorizes the nonobservance on
any other occasion of the covenant or condition or any other covenant or
condition of this Project Agreement.
c. Any waiver or indulgence of Grantee's default may not be considered an
estoppel against the Corporation.
Affordable Housing - Vanguard - HBA 0715200B.doc
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d. It is expressly understood that if at any time Grantee is in default in any of its
conditions or covenants of this Project Agreement, the failure on the part of the
Corporation to promptly avail itself of the rights and remedies that the
Corporation may have, will not be considered a waiver on the part of the
Corporation, but Corporation may at any time avail itself of the rights or remedies
or elect to terminate this Project Agreement on account of the default.
19. Notices.
a. Any required written notices shall be sent, certified mail, return receipt
requested, addressed as follows:
If to Grantee:
Vanguard Hall Consulting Firm, Inc.
Attn: President
4421 Bluefield Drive
Corpus Christi, Texas 78413
If to Corporation:
City of Corpus Christi Business and Job Development Corporation
Attn: Executive Director
1201 Leopard Street
Corpus Christi, Texas 78401
b. A copy of all notices and correspondence must be sent to the City at the
following address:
City of Corpus Christi
Attn.: City Manager
P.O. Box 9277
Corpus Christi, Texas 78469 -9277
c. Notice is effective upon deposit in the United States mail in the manner
provided in subsection a of this section.
20. Incorporation of other documents.
The Corpus Christi Business & Job Development Corporation 4a Board
Affordable Housing Request for Proposals issued April 7, 2008, is incorporated
into this Project Agreement.
21. Relationship of Parties. In performing this Agreement, the Corporation, Grantee,
and the City shall 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.
Affordable Housing - Vanguard - HBA 07152008.doc
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22. Nonassignment. Grantee may not assign, mortgage, pledge, or transfer this
Project Agreement or any interest contained in this Project Agreement without the prior
written consent of the other parties to this Project Agreement.
23. Non - discrimination.
a. Grantee may not discriminate nor permit discrimination against any person or
group of persons on the grounds of race, gender, disability, religion, age, or national
origin in any manner prohibited by the laws of the United States or the State of
Texas.
b. The Corporation retains the right to take any action the United States or the State
of Texas may direct to enforce this non - discrimination covenant.
24. Captions. The captions in this Project Agreement are for convenience only and
are not a part of this Project Agreement. The captions do not in any way limit or amplify
the terms and provisions of this Project Agreement.
25. Entire Agreement. This Project Agreement and the referenced and incorporated
documents constitute the entire agreement between the Corporation, the City, and
Grantee for the purpose stated. All other agreements, promises, representations, and
understandings, oral or otherwise, with reference to the subject matter of this Project
Agreement, unless contained in this Project Agreement, are expressly revoked, as the
parties intended to provide for a complete understanding, within the provisions of this
Project Agreement and its referenced and incorporated documents, of the terms,
conditions, promises, and covenants relating to the each party's required performance
under this Project Agreement.
CORPUS CHRISTI BUSINESS &
JOB DEVELOPMENT CORPORATION
Eloy Salazar
Chairman
Affordable Housing - Vanguard - HBA 07152008.doc
Pagehajf 11
Date
ACKNOWLEDGMENT
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
This instrument was acknowledged before me on 2008,
by Eloy Salazar, Chairman, Corpus Christi Business & Job Development Corporation, a
Texas nonprofit corporation, on behalf of the corporation.
NOTARY PUBLIC
State of Texas
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Date:
APPROVED AS TO FORM:
i
R. J ein(ng
First Assistant Ci Attorney
for the City Atto ney
Affordable Housing - Vanguard - HBA07152008.doc
George K. Noe
City Manager
Date:
Page 10 of 11
-388-
VANGUARD HALL CONSULTING FIRM, INC.
Patricia Noyola
President
STATE OF TEXAS §
COUNTY OF NUECES §
Date
ACKNOWLEDGMENT
KNOW ALL BY THESE PRESENTS:
This instrument was acknowledged before me on
by Patricia Noyola, President, Vanguard Hall Consulting Firm, Inc. , a Texas Domestic
For - Profit Corporation, on behalf of the corporation.
NOTARY PUBLIC
State of Texas
Affordable Housing • Vanguard - HBA 07152008.doc
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—389—
AFFORDABLE HOUSING PROJECT SERVICE AGREEMENT
This Affordable Housing Project Service Agreement (" Service Agreement ") is entered
into between the Corpus Christi Business and Job Development Corporation
( "Corporation ") and the City of Corpus Christi, Texas ( "City ").
WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas
Revised Civil Statutes (Development Corporation Act of 1979) empowered local
communities with the ability to adopt an optional local sales and use tax as a means of
improving the economic health and prosperity of their citizens;
WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ( "City ")
passed Proposition 2, New and Expanded Business Enterprises, which authorized the
adoption of a sales and use tax for the promotion and development of new and
expanded business enterprises at the rate of one - eighth of one percent to be imposed
for 15 years;
WHEREAS, in the same election, the residents of the City passed Proposition 2B,
Affordable Housing, which authorized the use of a portion of the sales and use tax
approved under Proposition 2 for affordable housing, up to $500,000 annually, so long
as there are projects for which the amount can reasonably be used;
WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 and allocated
under Proposition 2B for affordable housing was subsequently enacted by the City's
City Council ( "City Council "), and filed with the State Comptroller of Texas, effective
April 1, 2003, to be administered by the Corporation's Board of Directors ( "Board ");
WHEREAS, the Corporation is authorized to promote the development and expansion
of affordable housing, as defined by 42 U.S.C. Section12745, for the citizens of Corpus
Christi, Texas;
WHEREAS, on April 7, 2008, the Board issued a request for proposals for affordable
housing projects;
WHEREAS, Section 21 of the Texas Development Corporation Act of 1979, Art. 5190.6,
Vernon's Texas Revised Civil Statutes, requires the City Council to approve all
programs and expenditures of the Corporation;
WHEREAS, Vanguard Hall Consulting Firm, Inc. ( "Grantee ") submitted a proposal to
the Board to request funds for a "Home Buyers Assistance Program";
WHEREAS, the Board has determined that it is in the best interests of the residents of
the City of Corpus Christi that affordable housing funds be awarded, and by execution
of the Affordable Housing Project Agreement between the Board and Grantee, to
accomplish the affordable housing project described in that agreement and the
Grantee's proposal;
Page 1 of 3
H:\ LEG- DIR \Shared\Jay\Agenda \2008 \8- 12\Affordable Housinehigkt Service Agreement 4A- City- VanguardHall- HomeBuyersAssist.doc
WHEREAS, the City Council concurs with the Board's determination that it is in the best
interests of the residents of the City of Corpus Christi that affordable housing funds be
awarded. The City Council authorizes the Affordable Housing Project Agreement
between the Board and Grantee;
In consideration of the covenants, promises, and conditions stated in this Service
Agreement, the Corporation and the City agree as follows:
1. Service Agreement to Implement Affordable Housing Project Agreement. This
Service Agreement between the City and the Corporation is executed to implement the
Affordable Housing Project Agreement between the Corporation and Grantee.
2. Term. The term of this Service Agreement runs concurrently with the term of the
Affordable Housing Project Agreement.
3. Services to be Provided by City.
a. The City Manager, or the City Manager's designee, shall administer funding
on behalf of the Corporation.
b. The City Manager, or the City Manager's designee, shall perform contract
administration responsibilities outlined in the Affordable Housing Project
Agreement for the Corporation.
4. Appropriation of Funds. Any future payments by the City are subject to
appropriation of funds by City's Council.
5. Effective Date. The effective date of this Service Agreement is the latest date that
either party executes this Service Agreement.
6. Amendments or Modifications. No amendments or modifications to this Service
Agreement may be made, nor any provision waived, unless in writing signed by a
person duly authorized to sign agreements on behalf of each party.
7. Severability.
a. If for any reason, any section, paragraph, subdivision, clause, provision,
phrase or word of this Service Agreement or the application of this Service
Agreement to any person or circumstance is, to any extent, held illegal, invalid, or
unenforceable under present or future law or by a final judgment of a court of
competent jurisdiction, then the remainder of this Service Agreement, or the
application of the term or provision to persons or circumstances other than those
as to which it is held illegal, invalid, or unenforceable, will not be affected by the
law or judgment, for it is the definite intent of the parties to this Service
Agreement that every section, paragraph, subdivision, clause, provision, phrase,
or word of this Service Agreement be given full force and effect for its purpose.
H:1 LEG- DIR\ SharedUayWgenda12o0818- 121Affordable Housing PFOfe "t Service Agreement 4A- City- VanguardHall- HomeBuyersAssist.doc
b. To the extent that any clause or provision is held illegal, invalid, or
unenforceable under present or future law effective during the term of this
Service Agreement, then the remainder of this Service Agreement is not affected
by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision,
a clause or provision, as similar in terms to the illegal, invalid, or unenforceable
clause or provision as may be possible and be legal, valid, and enforceable, will
be added to this Service Agreement automatically.
8.. Captions. The captions in this Service Agreement are for convenience only and are
not a part of this Service Agreement. The captions do not in any way limit or amplify the
terms and provisions of this Service Agreement.
The City of Corpus Christi Corpus Christi Business &
Job Development Corporation
George K. Noe Eloy Salazar
City Manager Chairperson
Date: Date:
Attest
Armando Chapa
City Secretary
Approved as to Legal Form this day of July, 2008.
R. Jay Reining
First Assistant City Attorney
for City Attorney
Page3of3
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Page 1 of 3
RESOLUTION
AUTHORIZING THE CORPUS CHRISTI BUSINESS AND JOB
DEVELOPMENT CORPORATION TO EXECUTE AN
AFFORDABLE HOUSING PROJECT AGREEMENT WITH
HABITAT FOR HUMANITY -- CORPUS CHRISTI, INC., IN THE
AMOUNT OF $160,000, FOR NEW HOME CONSTRUCTION,
AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO
EXECUTE AN AFFORDABLE HOUSING PROJECT SERVICE
AGREEMENT WITH THE CORPUS CHRISTI BUSINESS AND
JOB DEVELOPMENT CORPORATION REGARDING
IMPLEMENTATION AND ADMINISTRATION OF THE
AFFORDABLE HOUSING PROJECT AGREEMENT BETWEEN
CORPORATION AND HABITAT FOR HUMANITY -- CORPUS
CHRISTI, INC.
WHEREAS, there is a need for an affordable housing project service agreement
between the City of Corpus Christi and the Corpus Christi Business and Job
Development Corporation for the implementation and administration of the
affordable housing project agreement with Habitat for Humanity -- Corpus Christi,
Inc. for New Home Construction.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. The Corpus Christi Business and Job Development Corporation is
authorized to execute the affordable housing project agreement with Habitat for
Humanity -- Corpus Christi, Inc. for New Home Construction, which is attached to
this resolution as Exhibit A, and expend $160,000 of funds available to the
Corporation for that purpose.
SECTION 2. That the City Manager, or designee, is authorized to execute the
affordable housing project service agreement between the City of Corpus Christi
and the Corpus Christi Business and Job Development Corporation for the
implementation and administration of the affordable housing project agreement
with Habitat for Humanity -- Corpus Christi, Inc., which is attached to this
resolution as Exhibit B.
ATTEST:
Armando Chapa
City Secretary
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
HA LEG- DIR \SharedUapAgenda12008 \8 -12 \Res- Affordale Ho g_HabitatforHumanity.doc
Page 2 of 3
APPROVED as to form: July 1, 2008
R. Jay
First ssistant Cit ttorney
For the City Attorney
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—394—
Page 3 of 3
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
H: \ LEG- DIR \Sha redUay\Agenda12008 \8 -12 \Res - Affords le
4o3s915HabitatforH uma n ity.doc
AFFORDABLE HOUSING PROJECT AGREEMENT
HABITAT FOR HUMANITY -- CORPUS CHRISTI, INC. —
NEW HOME CONSTRUCTION
This Affordable Housing Project Agreement ( "Project Agreement ") is entered into
between the Corpus Christi Business and Job Development Corporation
( "Corporation "), the City of Corpus Christi ( "City "), and Habitat For Humanity -- Corpus
Christi, Inc. ( "Grantee ").
WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas
Revised Civil Statutes (Development Corporation Act of 1979) empowered local
communities with the ability to adopt an optional local sales and use tax as a means of
improving the economic health and prosperity of their citizens;
WHEREAS, on November 5, 2002, residents of the City of Corpus Christi passed
Proposition 2, New and Expanded Business Enterprises, which authorized the adoption
of a sales and use tax for the promotion and development of new and expanded
business enterprises at the rate of one - eighth of one percent to be imposed for 15
years;
WHEREAS, in the same election, the residents of the City passed Proposition 2B,
Affordable Housing, which authorized the use of a portion of the sales and use tax
approved under Proposition 2 for affordable housing, up to $500,000 annually, so long
as there are projects for which the amount can reasonably be used;
WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 and allocated
under Proposition 2B for affordable housing was subsequently enacted by the City's
City Council ( "City Council "), and filed with the State Comptroller of Texas, effective
April 1, 2003, to be administered by the Corporation's Board of Directors ( "Board ");
WHEREAS, the Board issued a request for proposals for affordable housing projects;
WHEREAS, Grantee submitted a proposal to the Board to request funds for the
construction of 9 new homes over a 3 year period in the City's Model Block Area for low
income homebuyers;
WHEREAS, the Board has determined that it is in the best interests of the residents of
the City of Corpus Christi that affordable housing funds be awarded, by execution of this
Project Agreement, to accomplish the affordable housing project described in this
agreement and in Grantee's proposal, which has been verbally modified to provide for
the construction of 4 homes during this fiscal year;
In consideration of the covenants, promises, and conditions stated in this Project
Agreement, the Corporation, Grantee, and the City agree as follows:
1. Project Agreement to Implement Affordable Housing Project. This Project
Agreement between the Corporation, the City, and Grantee is executed to implement
Affordable Housing - Habitat - 4 Homes 07152008.doc
Page 16f11
Fvhihit A
the promotion and development of an affordable housing project proposed by Grantee
in response to the Board's request for proposals ( "Project Response "). The Project
Response submitted by Grantee, entitled "Habitat for Humanity New Home
Construction" ( "Project ") is attached to this Project Agreement as Exhibit A, and is
incorporated in this Project Agreement by reference.
2. Effective Date. The effective date of this Project Agreement is the latest date on
which a party to the Project Agreement executes this Project Agreement. ( "Effective
Date ")
3. Expiration Date. This Project Agreement expires on July 31, 2009.
4. Services to be Provided by City.
a. The City, through the City's City Manager or his designee ( "City Manager "),
administers the funding and performs contract administration responsibilities, as
outlined in this Project Agreement, for the Corporation.
5. Services to be Provided by Grantee.'
a. Grantee shall construct four (4) new single - family homes for low to moderate
income families.
b. Each home constructed must be approximately 1,200 square feet depending
on family size, with two to three bedrooms. The number of bathrooms may range
from one to two depending on the family needs.
c. The cost of each house must range from $60,000 to $65,000.
d. Grantee must offer two (2) different floor plans for the two and three bedroom
homes.
e. The houses are to be built in the City of Corpus Christi Model Block Program
area or another revitalization designated neighborhood.
f. Each homeowner must meet the qualifications in Exhibit B.
6. Services to be Provided by Corporation. The Corporation will provide a grant of
up to $40,000.00 toward the construction of four new homes, but the total granted may
not exceed $160,000.00.
7. Documentation and Reports.
a. Grantee shall maintain all documentation relating to the receipt and
expenditure of the funds provided under this Project Agreement for a period of
three years following the expiration of this Project Agreement or for such longer
period as may be required by Federal or State law.
Affordable Housing - Habitat - 4 Homes 07152008.doc
Pa2e32 ?f 11
b. Grantee shall provide access to all records, documents, reports, and audits,
regarding the funded activity under this Project Agreement, during regular
business hours, for the purpose of inspection and copying by the City Manager.
Furthermore, Grantee shall provide to the City Manager any information
pertinent to this Project Agreement, as may be requested during the term of this
Project Agreement.
c. Grantee shall submit a performance report ( "Quarterly Report") to the City
and the Corporation at least once each quarter, and a complete performance
report ( "Final Report") within 30 days of the expiration of this Project
Agreement. The Quarterly and Final Reports must contain all relevant details
pertaining the development of the property and construction of the homes, to
how the funds provided under this agreement were expended, and the
qualifications of the new homeowners, and include any supporting
documentation required to substantiate the written .narrative contained in the
reports. The reports must document:
(1) Property appraisal information
(2) Title and Deed of Trust for the property purchased
(3) Expenses incurred for construction project
(4) Purchase price of the new constructed home
(5) Timelines for development of property and construction of homes
(6) Partnership agreements for construction of the homes
(7) Home buyer assistance information - amounts per homebuyer
(8) Itemized Energy efficiency (green building) features with documented
expenses
(9) Balance of 4A grant
(10) Pending project expenses
(11) Status of project time line
(12) Project challenges and anticipated resolutions.
8. Amendments or Modifications.
a. No amendments or modifications to this Project Agreement may, be made, nor
any provision waived, unless the amendment or modification is made in writing
Affordable Housing - Habitat - 4 Homes 07152008.doc
Page 3 of 11
-398-
and signed by persons duly authorized to sign agreements on behalf of all
parties.
b. The Corporation's Executive Director and City Manager are authorized to
execute minor amendments or modifications to this Project Agreement, by
exchange of letters with the Grantee. The minor amendments and modifications
may relate to the timing of performance and reporting, the scope of work to be
performed, the number of homebuyers assisted, or the amount of assistance
provided to each homebuyer. However, the minor amendments or modifications
may not increase the amounts of money available to the Grantee under this
Project Agreement.
9. Severability.
a. If for any reason, any section, paragraph, subdivision, clause, provision,
phrase or word of this Project Agreement or the application of this Project
Agreement to any person or circumstance is, to any extent, held illegal, invalid,
or unenforceable under present or future law or by a final judgment of a court of
competent jurisdiction, then the remainder of this Project Agreement, or the
application of the term or provision to persons or circumstances other than
those as to which it is held illegal, invalid, or unenforceable, will not be affected
by the law or judgment, for it is the definite intent of the parties to this Project
Agreement that every section, paragraph, subdivision, clause, provision,
phrase, and word of this Project Agreement be given full force and effect for its
purpose.
b. To the extent that any clause or provision is held illegal, invalid, or
unenforceable under present or future law effective during the term of this
Project Agreement, then the remainder of this Project Agreement is not affected
by the law, and in lieu of any illegal, invalid, or unenforceable clause or
provision, a clause or provision, as similar in terms to the illegal, invalid, or
unenforceable clause or provision as may be possible and be legal, valid, and
enforceable, will be added to this Project Agreement automatically.
10. Compliance with Laws. Grantee shall comply with all applicable Federal, State,
and local government laws, rules, regulations, and ordinances which may be relevant to
Grantee's performance under this Project Agreement.
11. Jurisdiction and Venue.
a. This Project Agreement is governed by and must be construed under the
laws of the State of Texas.
b. All actions brought to enforce compliance with this Project Agreement must
be brought in Nueces County, Texas, where this Project Agreement was
entered into and must be performed.
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-399-
12. Acknowledgment and Construction of Ambiguities. The parties expressly
agree that each has independently read and does understand this Project Agreement.
By Grantee's execution of this Project Agreement, Grantee agrees to be bound by the
terms, covenants, and conditions contained in this Project Agreement. Any ambiguities
in this Project Agreement may not be construed against the drafter.
13. Indemnity. Grantee must fully indemnify and hold harmless the
City of Corpus Christi, the Corpus Christi Business and Job
Development Corporation, and their officers, employees, and agents
(hereinafter, collectively "Indemnitees ") from and against any and all
liability, damage, loss, claims, demands, expenses, suits, and causes
of action of any nature whatsoever on account of injury or damage to
person (including, without limitation on the foregoing, premises
defects, workers' compensation, and death claims) or property loss or
damage of any kind whatsoever which arise out of or are in any
manner connected with, or are claimed to arise out of or be in any
way connected with, either proximately or remotely, wholly or in part,
any activities by Grantee, its officers, employees, agents, members,
invitees, or independent contractors with respect to this Project
Agreement or the Project that is the subject of this Project
Agreement, regardless of whether such injuries, death, or damages
are caused, or are claimed to be caused, by the contributory
negligence of any of the Indemnitees, but not if caused by the sole
negligence of the Indemnitees unmixed with the fault of any other
person or entity. Grantee covenants and agrees that if /ndemnitees,
or any of them, are made a party to any litigation against Grantee or in
any litigation commenced by any party other than Grantee relating to
this Project Agreement or Project, Grantee shall, upon receipt of
reasonable notice regarding commencement of litigation, at its own
expense, investigate all claims and demands, attend to their
settlement or other disposition, defend Indemnitees in all actions
based thereon with legal counsel satisfactory to Indemnitees, and pay
all charges of attorneys and all other costs and expenses of any kind
arising from any said liability, damage, loss, demand, claim, or action.
14. Warranties. Grantee warrants and represents to Corporation the following:
a. Grantee is a duly organized, validly existing, and in good standing under the
laws of the State of Texas, has all authority to carry on its business as presently
conducted in Corpus Christi, Texas.
Affordable Housing - Habitat - 4 Homes 07152008.doc
Page005 of 11
b. Grantee has the authority to enter into and perform, and will perform, the
terms of this Project Agreement.
c. Grantee has timely filed and will timely file all local, State, and Federal tax
reports and returns required by law to be filed and all taxes, assessments, fees,
and other governmental charges, including applicable ad valorem taxes, have
been timely paid, and will be timely paid, during the term of this Project
Agreement.
d. Grantee has received a copy of the Texas Development Corporation Act of
1979, Art. 5190.6, Vernon's Texas Revised Civil Statutes, and acknowledges that
the funds granted in this Project Agreement must be utilized solely for purposes
authorized under State law and by the terms of this Project Agreement.
e. If an audit determines that the funds were not used for authorized purposes,
Grantee agrees to reimburse Corporation for the sums of money spent for
purposes not authorized by law within 30 days written notice requesting
reimbursement.
f. The parties executing this Project Agreement on behalf of Grantee are duly
authorized to execute this Project Agreement on behalf of Grantee.
15. Events of Default. The following events constitute a default of this Agreement:
a. Failure of Grantee to timely, fully, and completely comply with any one or
more of the requirements, obligations, duties, terms, conditions, or warranties of
this Project Agreement.
b. The Corporation or City determines that any representation or warranty on
behalf of Grantee contained in this Project Agreement or in any financial
statement, certificate, report, proposal, or opinion submitted to the Corporation in
connection with this Project Agreement was incorrect or misleading in any •
material respect when made.
c. Any judgment is assessed against Grantee or any attachment or other levy
against the property of Grantee with respect to a claim remains unpaid,
undischarged, or not dismissed for a period of 30 days.
d. Grantee makes an assignment for the benefit of creditors.
e. Grantee files a petition in bankruptcy, or is adjudicated insolvent or bankrupt.
f. If taxes on property owed by Grantee become delinquent, and Grantee fails to
timely and properly follow the legal procedures for protest or contest.
g. Grantee changes the general character of its business as conducted on or
following the date this Agreement is approved by the Corporation.
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16. Notice of Default. Should the Corporation or City determine that Grantee is in
default under the terms of this Agreement, the Corporation or City shall notify Grantee in
writing of the event of default and provide 60 days from the date of the notice ( "Cure
Period ") for Grantee to cure the event of default.
17. Results of Uncured Default. After exhausting good faith attempts to address any
default during the Cure Period, and taking into account any extenuating circumstances
that might have occurred through no fault of Grantee, as determined by the Board of
Directors of the Corporation, the following actions must be taken for any default that
remains uncured after the Cure Period:
a. Grantee shall immediately repay to Corporation, with interest at the interest
rate paid by the City on its most recently issued general obligation bonds from
date of expiration of Cure Period until fully paid, all funds not used under terms of
this Project Agreement.
b. Grantee shall pay Corporation reasonable attorney fees and costs of court to
collect amounts due to Corporation.
c. The Corporation shall have no further obligations to Grantee under this
Project Agreement and this Project Agreement shall terminate.
d. Neither the City nor the Corporation may be held liable for any consequential
damages.
e. The Corporation may pursue all remedies available under law.
18. No Waiver.
a. No waiver of any covenant or condition, or the breach of any covenant or
condition of this Project Agreement, constitutes a waiver of any subsequent
breach of the covenant or condition of the Project Agreement.
b. No waiver of any covenant or condition, or the breach of any covenant or
condition of this Project Agreement, justifies or authorizes the nonobservance on
any other occasion of the covenant or condition or any other covenant or
condition of this Project Agreement.
c. Any waiver or indulgence of Grantee's default may not be considered an
estoppel against the Corporation.
d. It is expressly understood that if at any time Grantee is in default in any of its
conditions or covenants of this Project Agreement, the failure on the part of the
Corporation to promptly avail itself of the rights and remedies that the
Corporation may have, will not be considered a waiver on the part of the
Corporation, but Corporation may at any time avail itself of the rights or remedies
or elect to terminate this Project Agreement on account of the default.
Affordable Housing - Habitat - 4 Homes 07152008.doc
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19. Notices.
a. Any required written notices shall be sent, certified mail, return receipt
requested, addressed as follows:
If to Grantee:
Habitat for Humanity — Corpus Christi, Inc.
Attn: President Board of Directors
P.O. Box 3032
Corpus Christi, Texas 78463 -3032
If to Corporation:
City of Corpus Christi Business and Job Development Corporation
Attn: Executive Director
1201 Leopard Street
Corpus Christi, Texas 78401
b. A copy of all notices and correspondence must be sent to the City at the
following address:
City of Corpus Christi
Attn.: City Manager
P.O. Box 9277
Corpus Christi, Texas 78469 -9277
c. Notice is effective upon deposit in the United States mail in the manner
provided in subsection a of this section.
20. Incorporation of other documents.
The Corpus Christi Business & Job Development Corporation 4a Board
Affordable Housing Request for Proposals issued April 7, 2008, is incorporated
into this Project Agreement.
21. Relationship of Parties. In performing this Agreement, the Corporation, Grantee,
and the City shall 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.
22. Nonassignment. Grantee may not assign, mortgage, pledge, or transfer this
Project Agreement or any interest contained in this Project Agreement without the prior
written consent of the other parties to this Project Agreement.
Affordable Housing - Habitat - 4 Homes 07152008.doc
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of 11
23. Non - discrimination.
a. Grantee may not discriminate nor permit discrimination against any person or
group of persons on the grounds of race, gender, disability, religion, age, or national
origin in any manner prohibited by the laws of the United States or the State of
Texas.
b. The Corporation retains the right to take any action the United States or the State
of Texas may direct to enforce this non - discrimination covenant.
24. Captions. The captions in this Project Agreement are for convenience only and
are not a part of this Project Agreement. The captions do not in any way limit or amplify
the terms and provisions of this Project Agreement.
25. Entire Agreement. This Project Agreement and the referenced and incorporated
documents constitute the entire agreement between the Corporation, the City, and
Grantee for the purpose stated. All other agreements, promises, representations, and
understandings, oral or otherwise, with reference to the subject matter of this Project
Agreement, unless contained in this Project Agreement, are expressly revoked, as the
parties intended to provide for a complete understanding, within the provisions of this
Project Agreement and its referenced and incorporated documents, of the terms,
conditions, promises, and covenants relating to the each party's required performance
under this Project Agreement.
CORPUS CHRISTI BUSINESS &
JOB DEVELOPMENT CORPORATION
Eloy Salazar
Chairman
Date
ACKNOWLEDGMENT
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
This instrument was acknowledged before me on , 2008,
by Eloy Salazar, Chairman, Corpus Christi Business & Job Development Corporation, a
Texas nonprofit corporation, on behalf of the corporation.
NOTARY PUBLIC
State of Texas
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Page 9 of 11
—404—
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Date:
APPROVED AS TO FORM:
R. Jainjp
First Assistant City Att rney
for the City Attorney
Affordable Housing - Habitat - 4 Homes 07152008.doc
George K. Noe
City Manager
Date:
Page 10 of 11
-405-
HABITAT FOR HUMANITY -- CORPUS CHRISTI, INC.
Peggy Hopkins
President
STATE OF TEXAS
COUNTY OF NUECES
Date
ACKNOWLEDGMENT
KNOW ALL BY THESE PRESENTS:
This instrument was acknowledged before me on , 2008,
by Peggy Hopkins, President, Habitat For Humanity -- Corpus Christi, Inc., a Texas
Domestic Non - Profit Corporation, on behalf of the corporation.
NOTARY PUBLIC
State of Texas
Affordable Housing - Habitat - 4 Homes 07152008.doc
Page 11 of 11
—406—
AFFORDABLE HOUSING PROJECT SERVICE AGREEMENT
This Affordable Housing Project Service Agreement (" Service Agreement ") is entered
into between the Corpus Christi Business and Job Development Corporation
( "Corporation ") and the City of Corpus Christi, Texas ( "City ").
WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas
Revised Civil Statutes (Development Corporation Act of 1979) empowered local
communities with the ability to adopt an optional local sales and use tax as a means of
improving the economic health and prosperity of their citizens;
WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ( "City ")
passed Proposition 2, New and Expanded Business Enterprises, which authorized the
adoption of a sales and use tax for the promotion and development of new and
expanded business enterprises at the rate of one - eighth of one percent to be imposed
for 15 years;
WHEREAS, in the same election, the residents of the City passed Proposition 2B,
Affordable Housing, which authorized the use of a portion of the sales and use tax
approved under Proposition 2 for affordable housing, up to $500,000 annually, so long
as there are projects for which the amount can reasonably be used;
WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 and allocated
under Proposition 2B for affordable housing was subsequently enacted by the City's
City Council ( "City Council "), and filed with the State Comptroller of Texas, effective
April 1, 2003, to be administered by the Corporation's Board of Directors ( "Board ");
WHEREAS, the Corporation is authorized to promote the development and expansion
of affordable housing, as defined by 42 U.S.C. Section12745, for the citizens of Corpus
Christi, Texas;
WHEREAS, on April 7, 2008, the Board issued a request for proposals for affordable
housing projects;
WHEREAS, Section 21 of the Texas Development Corporation Act of 1979, Art. 5190.6,
Vernon's Texas Revised Civil Statutes, requires the City Council to approve all
programs and expenditures of the Corporation;
WHEREAS, Habitat for Humanity -- Corpus Christi, Inc. ( "Grantee ") submitted a
proposal to the Board to request funds for a "New Home Construction Project";
WHEREAS, the Board has determined that it is in the best interests of the residents of
the City of Corpus Christi that affordable housing funds be awarded, and by execution
of the Affordable Housing Project Agreement between the Board and Grantee, to
accomplish the affordable housing project described in that agreement and the
Grantee's proposal;
Page 1 of 3
H:U-EG- DIR \Shared\jay\Agenda \2008 \8- 12\Affordable Housiggftppgt Service Agreement 4A- City- HabitatforKumanity.doc
Fyhihit R
WHEREAS, the City Council concurs with the Board's determination that it is in the best
interests of the residents of the City of Corpus Christi that affordable housing funds be
awarded. The City Council authorizes the Affordable Housing Project Agreement
between the Board and Grantee;
In consideration of the covenants, promises, and conditions stated in this Service
Agreement, the Corporation and the City agree as follows:
1. Service Agreement to Implement Affordable Housing Project Agreement. This
Service Agreement between the City and the Corporation is executed to implement the
Affordable Housing Project Agreement between the Corporation and Grantee.
2. Term. The term of this Service Agreement runs concurrently with the term of the
Affordable Housing Project Agreement.
3. Services to be Provided by City.
a. The City Manager, or the City Manager's designee, shall administer funding
on behalf of the Corporation.
b. The City Manager, or the City Manager's designee, shall perform contract
administration responsibilities outlined in the Affordable Housing Project
Agreement for the Corporation.
4. Appropriation of Funds. Any future payments by the City are subject to
appropriation of funds by City's Council.
5. Effective Date. The effective date of this Service Agreement is the latest date that
either party executes this Service Agreement.
6. Amendments or Modifications. No amendments or modifications to this Service
Agreement may be made, nor any provision waived, unless in writing signed by a
person duly authorized to sign agreements on behalf of each party.
7. Severability.
a. If for any reason, any section, paragraph, subdivision, clause, provision,
phrase or word of this Service Agreement or the application of this Service
Agreement to any person or circumstance is, to any extent, held illegal, invalid, or
unenforceable under present or future law or by a final judgment of a court of
competent jurisdiction, then the remainder of this Service Agreement, or the
application of the term or provision to persons or circumstances other than those
as to which it is held illegal, invalid, or unenforceable, will not be affected by the
law or judgment, for it is the definite intent of the parties to this Service
Agreement that every section, paragraph, subdivision, clause, provision, phrase,
or word of this Service Agreement be given full force and effect for its purpose.
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b. To the extent that any clause or provision is held illegal, invalid, or
unenforceable under present or future law effective during the term of this
Service Agreement, then the remainder of this Service Agreement is not affected
by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision,
a clause or provision, as similar in terms to the illegal, invalid, or unenforceable
clause or provision as may be possible and be legal, valid, and enforceable, will
be added to this Service Agreement automatically.
8. Captions. The captions in this Service Agreement are for convenience only and are
not a part of this Service Agreement. The captions do not in any way limit or amplify the
terms and provisions of this Service Agreement.
The City of Corpus Christi Corpus Christi Business &
Job Development Corporation
George K. Noe Eloy Salazar
City Manager Chairperson
Date: Date:
Attest
Armando Chapa
City Secretary
Approved as to Legal Form this _day of July, 2008.
R. Jay Reining
First Assistant City Attorney
for City Attorney
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Page 1 of 3
RESOLUTION
AUTHORIZING THE CORPUS CHRISTI BUSINESS AND JOB
DEVELOPMENT CORPORATION TO EXECUTE AN
AFFORDABLE HOUSING PROJECT AGREEMENT WITH
COASTAL BEND CENTER FOR INDEPENDENT LIVING, IN THE
AMOUNT OF $80,000, FOR HOME OF YOUR OWN PROGRAM,
AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO
EXECUTE AN AFFORDABLE HOUSING PROJECT SERVICE
AGREEMENT WITH THE CORPUS CHRISTI BUSINESS AND
JOB DEVELOPMENT CORPORATION REGARDING
IMPLEMENTATION AND ADMINISTRATION OF THE
AFFORDABLE HOUSING PROJECT AGREEMENT BETWEEN
CORPORATION AND COASTAL BEND CENTER FOR
INDEPENDENT LIVING
WHEREAS, there is a need for an affordable housing project service agreement
between the City of Corpus Christi and the Corpus Christi Business and Job
Development Corporation for the implementation and administration of the
affordable housing project agreement with Coastal Bend Center for Independent
Living for Home of Your Own Program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. The Corpus Christi Business and Job Development Corporation is
authorized to execute the affordable housing project agreement with Coastal
Bend Center for Independent Living for Home of Your Own Program, which is
attached to this resolution as Exhibit A, and expend $80,000 of funds available to
the Corporation for that purpose.
SECTION 2. That the City Manager, or designee, is authorized to execute the
affordable housing project service agreement between the City of Corpus Christi
and the Corpus Christi Business and Job Development Corporation for the
implementation and administration of the affordable housing project agreement
with Coastal Bend Center for Independent Living, which is attached to this
resolution as Exhibit B.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
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Page 2 of 3
APPROVED as to form: July /6 2008
R. JayMei Ing
First Assi taut C' Attorney
For the City Attorney
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Page 3 of 3
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
H:LLEG -DI RZ ha redUay\Agenda\2008\8 -12\ Res- Atrordete41121 1b- CoastalBendCntr.doc
AFFORDABLE HOUSING PROJECT AGREEMENT
COASTAL BEND CENTER FOR INDEPENDENT LIVING —
HOME OF YOUR OWN PROGRAM
This Affordable Housing Project Agreement ( "Project Agreement ") is entered into
between the Corpus Christi Business and Job Development Corporation
( "Corporation "), the City of Corpus Christi ( "City"), and Coastal Bend Center for
Independent Living ( "Grantee ").
WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas
Revised Civil Statutes (Development Corporation Act of 1979) empowered local
communities with the ability to adopt an optional local sales and use tax as a means of
improving the economic health and prosperity of their citizens;
WHEREAS, on November 5, 2002, residents of the City of Corpus Christi passed
Proposition 2, New and Expanded Business Enterprises, which authorized the adoption
of a sales and use tax for the promotion and development of new and expanded
business enterprises at the rate of one - eighth of one percent to be imposed for 15
years;
WHEREAS, in the same election, the residents of the City passed Proposition 2B,
Affordable Housing, which authorized the use of a portion of the sales and use tax
approved under Proposition 2 for affordable housing, up to $500,000 annually, so long
as there are projects for which the amount can reasonably be used;
WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 and allocated
under Proposition 2B for affordable housing was subsequently enacted by the City's
City Council ( "City Council "), and filed with the State Comptroller of Texas, effective
April 1, 2003, to be administered by the Corporation's Board of Directors ( "Board ");
WHEREAS, the Board issued a request for proposals for affordable housing projects;
WHEREAS, Grantee submitted a proposal to the Board, which included a request for
funds to provide homebuyer assistance to 4 homebuyers, who are individuals or
families with disabilities under the 80% median income through their Home of Your Own
program;
WHEREAS, the Board has determined that it is in the best interests of the residents of
the City of Corpus Christi that affordable housing funds be awarded, by execution of this
Project Agreement, to accomplish the affordable housing project described in this
agreement and in Grantee's proposal;
In consideration of the covenants, promises, and conditions stated in this Project
Agreement, the Corporation, Grantee, and the City agree as follows:
1. Project Agreement to Implement Affordable Housing Project. This Project
Agreement between the Corporation, the City, and Grantee is executed to implement
Affordable Housing - Independent Living - HBA 07162008.doc
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of 11
the promotion and development of an affordable housing project proposed by Grantee
in response to the Board's request for proposals ( "Project Response "). The Project
Response submitted by Grantee, entitled "Center of Independent Living Horne of Your
Own" ( "Project ") is attached to this Project Agreement as Exhibit A, and is incorporated
in this Project Agreement by reference.
2. Effective Date. The effective date of this Project Agreement is the latest date on
which a party to the Project Agreement executes this Project Agreement. ( "Effective
Date ")
3. Expiration Date. This Project Agreement expires on July 31, 2010.
4. Services to be Provided by City.
a. The City, through the City's City Manager or his designee ( "City Manager "),
administers the funding and performs contract administration responsibilities, as
outlined in this Project Agreement, for the Corporation.
5. Services to be Provided by Grantee.
a. Grantee shall assist four (4) eligible individuals or families with disabilities,
under 80% median income, to become homeowners through the Home of Your
Own program.
b. Homes to be purchased must be located within the City of Corpus Christi at a
site selected by the prospective homeowner.
c. Grantee shall offer home buyer assistance in the form of down payment and
closing costs assistance to the homebuyers.
f. Each homeowner must meet the qualifications in Exhibit B.
g. Each homeowner must execute a note and a deed of trust that conform to
Exhibits C and D of this agreement, or a revised version provided by the City.
6. Services to be Provided by Corporation. The Corporation will provide up to
$20,000 per homeowner for homebuyer assistance to the title company that is used to
close the sale of the home. The funds provided by the Corporation may be used for
closing costs and down payment assistance. The total funds paid by the Corporation
may not exceed $80,000.00.
7. Documentation and Reports.
a. Grantee shall maintain all documentation relating to the receipt and
expenditure of the funds provided under this Project Agreement for a period of
three years following the expiration of this Project Agreement or for such longer
period as may be required by Federal or State law.
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b. Grantee shall provide access to all records, documents, reports, and audits,
regarding the funded activity under this Project Agreement, during regular
business hours, for the purpose of inspection and copying by the City Manager.
Furthermore, Grantee shall provide to the City Manager any information
pertinent to this Project Agreement, as may be requested during the term of this
Project Agreement.
c. Grantee shall submit a performance report ( "Quarterly Report") to the City
and the Corporation at least once each quarter, and a complete performance
report ( "Final Report") within 30 days of the expiration of this Project
Agreement. The Quarterly and Final Reports must contain all relevant details
pertaining to any homeowner assistance provided with funds made available
under this agreement, and include any supporting documentation required to
substantiate the written narrative contained in the reports. The reports must
document:
(1) Property appraisal information
(2) Note and Deed of Trust for the property purchased
(3) Expenses incurred for construction project
(4) Purchase price of the new constructed home
(5) Home buyer assistance information — amounts per homebuyer
(6). Itemized Energy efficiency (green building) features with documented
expenses
(7). Balance of 4A grant
(8) Pending project expenses
(9). Status of project time line
(10). Project challenges and anticipated resolutions.
8. Amendments or Modifications.
a. No amendments or modifications to this Project Agreement may be made, nor
any provision waived, unless the amendment or modification is made in writing
and signed by persons duly authorized to sign agreements on behalf of all
parties.
b. The Corporation's Executive Director and City Manager are authorized to
execute minor amendments or modifications to this Project Agreement, by
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exchange of letters with the Grantee. The minor amendments and modifications
may relate to the timing of performance and reporting, the scope of work to be
performed, the number of homebuyers assisted, or the amount of assistance
provided to each homebuyer. However, the minor amendments or modifications
may not increase the amounts of money available to the Grantee under this
Project Agreement.
9. Severability.
a. If for any reason, any section, paragraph, subdivision, clause, provision,
phrase or word of this Project Agreement or the application of this Project
Agreement to any person or circumstance is, to any extent, held illegal, invalid,
or unenforceable under present or future law or by a final judgment of a court of
competent jurisdiction, then the remainder of this Project Agreement, or the
application of the term or provision to persons or circumstances other than
those as to which it is held illegal, invalid, or unenforceable, will not be affected
by the law or judgment, for it is the definite intent of the parties to this Project
Agreement that every section, paragraph, subdivision, clause, provision,
phrase, and word of this Project Agreement be given full force and effect for its
purpose.
b. To the extent that any clause or provision is held illegal, invalid, or
unenforceable under present or future law effective during the term of this
Project Agreement, then the remainder of this Project Agreement is not affected
by the law, and in lieu of any illegal, invalid, or unenforceable clause or
provision, a clause or provision, as similar in terms to the illegal, invalid, or
unenforceable clause or provision as may be possible and be legal, valid, and
enforceable, will be added to this Project Agreement automatically.
10. Compliance with Laws. Grantee shall comply with all applicable Federal, State,
and local government laws, rules, regulations, and ordinances which may be relevant to
Grantee's performance under this Project Agreement.
11. Jurisdiction and Venue.
a. This Project Agreement is governed by and must be construed under the
laws of the State of Texas.
b. All actions brought to enforce compliance with this Project Agreement must
be brought in Nueces County, Texas, where this Project Agreement was
entered into and must be performed.
12. Acknowledgment and Construction of Ambiguities. The parties expressly
agree that each has independently read and does understand this Project Agreement.
By Grantee's execution of this Project Agreement, Grantee agrees to be bound by the
terms, covenants, and conditions contained in this Project Agreement. Any ambiguities
in this Project Agreement may not be construed against the drafter.
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13. Indemnity. Grantee must fully indemnify and hold harm less the
City of Corpus Christi, the Corpus Christi Business and Job
Development Corporation, and their officers, employees, and agents
(hereinafter, collectively "Indemnitees ") from and against any and all
liability, damage, loss, claims, demands, expenses, suits, and causes
of action of any nature whatsoever on account of injury or damage to
person (including, without limitation on the foregoing, premises
defects, workers' compensation, and death claims) or property loss or
damage of any kind whatsoever which arise out of or are in any
manner connected with, or are claimed to arise out of or be in any
way connected with, either proximately or remotely, wholly or in part,
any activities by Grantee, its officers, employees, agents, members,
invitees, or independent contractors with respect to this Project
Agreement or the Project that is the subject of this Project
Agreement, regardless of whether such injuries, death, or damages
are caused, or are claimed to be caused, by the contributory
negligence of any of the Indemnitees, but not if caused by the sole
negligence of the Indemnitees unmixed with the fault of any other
person or entity. Grantee covenants and agrees that if Indemnitees,
or any of them, are made a party to any litigation against Grantee or in
any litigation commenced by any party other than Grantee relating to
this Project Agreement or Project, Grantee shall, upon receipt of
reasonable notice regarding commencement of litigation, at its own
expense, investigate all claims and demands, attend to their
settlement or other disposition, defend Indemnitees in all actions
based thereon with legal counsel satisfactory to Indemnitees, and pay
all charges of attorneys and all other costs and expenses of any kind
arising from any said liability, damage, loss, demand, claim, or action.
14. Warranties. Grantee warrants and represents to Corporation the following:
a. Grantee is a duly organized, validly existing, and in good standing under the
laws of the State of Texas, has all authority to carry on its business as presently
conducted in Corpus Christi, Texas.
b. Grantee has the authority to enter into and perform, and will perform, the
terms of this Project Agreement.
c. Grantee has timely filed and will timely file all local, State, and Federal tax
reports and returns required by law to be filed and all taxes, assessments, fees,
and other governmental charges, including applicable ad valorem taxes, have
Affordable Housing - Independent Living - HBA 07162006.doc
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been timely paid, and will be timely paid, during the term of this Project
Agreement.
d. Grantee has received a copy of the Texas Development Corporation Act of
1979, Art. 5190.6, Vemon's Texas Revised Civil Statutes, and acknowledges that
the funds granted in this Project Agreement must be utilized solely for purposes
authorized under State law and by the terms of this Project Agreement.
e. If an audit determines that the funds were not used for authorized purposes,
Grantee agrees to reimburse Corporation for the sums of money spent for
purposes not authorized by law within 30 days written notice requesting
reimbursement.
f. The parties executing this Project Agreement on behalf of Grantee are duly
authorized to execute this Project Agreement on behalf of Grantee.
15. Events of Default. The following events constitute a default of this Agreement:
a. Failure of Grantee to timely, fully, and completely comply with any one or
more of the requirements, obligations, duties, terms, conditions, or warranties of
this Project Agreement. -
b. The Corporation or City determines that any representation or warranty on
behalf of Grantee contained in this Project Agreement or in any financial
statement, certificate, report, proposal, or opinion submitted to the Corporation in
connection with this Project Agreement was incorrect or misleading in any
material respect when made.
c. Any judgment is assessed against Grantee or any attachment or other levy
against the property of Grantee with respect to a claim remains unpaid,
undischarged, or not dismissed for a period of 30 days.
d. Grantee makes an assignment for the benefit of creditors.
e. Grantee files a petition in bankruptcy, or is adjudicated insolvent or bankrupt.
f. If taxes on property owed by Grantee become delinquent, and Grantee fails to
timely and properly follow the legal procedures for protest or contest.
g. Grantee changes the general character of its business as conducted on or
following the date this Agreement is approved by the Corporation.
16. Notice of Default. Should the Corporation or City determine that Grantee is in
default under the terms of this Agreement, the Corporation or City shall notify Grantee in
writing of the event of default and provide 60 days from the date of the notice ( "Cure
Period ") for Grantee to cure the event of default.
Affordable Housing - Independent Living - NBA 07162008.doe
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—418—
17. Results of Uncured Default. After exhausting good faith attempts to address any
default during the Cure Period, and taking into account any extenuating circumstances
that might have occurred through no fault of Grantee, as determined by the Board of
Directors of the Corporation, the following actions must be taken for any default that
remains uncured after the Cure Period:
a. Grantee shall immediately repay to Corporation, with interest at the interest
rate paid by the City on its most recently issued general obligation bonds from
date of expiration of Cure Period until fully paid, all funds not used under terms of
this Project Agreement.
b. Grantee shall pay Corporation reasonable attorney fees and costs of court to
collect amounts due to Corporation.
c. The Corporation shall have no further obligations to Grantee under this
Project Agreement and this Project Agreement shall terminate.
d. Neither the City nor the Corporation may be held liable for any consequential
damages.
e. The Corporation may pursue all remedies available under law.
18. No Waiver.
a. No waiver of any covenant or condition, or the breach of any covenant or
condition of this Project Agreement, constitutes a waiver of any subsequent
breach of the covenant or condition of the Project Agreement.
b. No waiver of any covenant or condition, or the breach of any covenant or
condition of this Project Agreement, justifies or authorizes the nonobservance on
any other occasion of the covenant or condition or any other covenant or
condition of this Project Agreement.
c. Any waiver or indulgence of Grantee's default may not be considered an
estoppel against the Corporation.
d. It is expressly understood that if at any time Grantee is in default in any of its
conditions or covenants of this Project Agreement, the failure on the part of the
Corporation to promptly avail itself of the rights and remedies that the
Corporation may have, will not be considered a waiver on the part of the
Corporation, but Corporation may at any time avail itself of the rights or remedies
or elect to terminate this Project Agreement on account of the default.
19. Notices.
a. Any required written notices shall be sent, certified mail, return receipt
requested, addressed as follows:
Affordable Housing - Independent Living - HBA 07162008.doc
Page47 of 11
If to Grantee:
Coastal Bend Center for Independent Living
Attn: Executive Director
1537 Seventh Street
Corpus Christi, Texas 78404
If to Corporation:
City of Corpus Christi Business and Job Development Corporation
Attn: Executive Director
1201 Leopard Street
Corpus Christi, Texas 78401
b. A copy of all notices and correspondence must be sent to the City at the
following address:
City of Corpus Christi
Attn.: City Manager
P.O. Box 9277 '
Corpus Christi, Texas 78469 -9277
c. Notice is effective upon deposit in the United States mail in the manner
provided in subsection a of this section.
20. Incorporation of other documents.
The Corpus Christi Business & Job Development Corporation 4a Board
Affordable Housing Request for Proposals issued April 7, 2008, is incorporated
into this Project Agreement.
21. Relationship of Parties. In performing this Agreement, the Corporation, Grantee,
and the City shall 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.
22. Nonassignment. Grantee may not assign, mortgage, pledge, or transfer this
Project Agreement or any interest contained in this Project Agreement without the prior
written consent of the other parties to this Project Agreement.
23. Non - discrimination.
a. Grantee may not discriminate nor permit discrimination against any person or
group of persons on the grounds of race, gender, disability, religion, age, or national
origin in any manner prohibited by the laws of the United States or the State of
Texas.
Affordable Housing - Independent Living - HBA 07162008.do
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b. The Corporation retains the right to take any action the United States or the State
of Texas may direct to enforce this non - discrimination covenant.
24. Captions. The captions in this Project Agreement are for convenience only and
are not a part of this Project Agreement. The captions do not in any way limit or amplify
the terms and provisions of this Project Agreement.
25. Entire Agreement. This Project Agreement and the referenced and incorporated
documents constitute the entire agreement between the Corporation, the City, and
Grantee for the purpose stated. All other agreements, promises, representations, and
understandings, oral or otherwise, with reference to the subject matter of this Project
Agreement, unless contained in this Project Agreement, are expressly revoked, as the
parties intended to provide for a complete understanding, within the provisions of this
Project Agreement and its referenced and incorporated documents, of the terms,
conditions, promises, and covenants relating to the each party's required performance
under this Project Agreement.
CORPUS CHRISTI BUSINESS &
JOB DEVELOPMENT CORPORATION
Eloy Salazar
Chairman
STATE OF TEXAS §
COUNTY OF NUECES §
Date
ACKNOWLEDGMENT
KNOW ALL BY THESE PRESENTS:
This instrument was acknowledged before me on
by Eloy Salazar, Chairman, Corpus Christi Business & Job Development Corporation, a
Texas nonprofit corporation, on behalf of the corporation.
NOTARY PUBLIC
State of Texas
Affordable Housing - Independent Living - HBA 07162008.doc
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ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa George K. Noe
City Secretary City Manager
Date: Date:
APPROVED AS TO FORM: 1.a 4.0e
-e'"i R. Jay Reining
First Assistant City Attorney
for the City Attorney
Affordable Housing - Independent Living HBA 07162008.doc
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COASTAL BEND CENTER FOR INDEPENDENT LIVING
Judy Telge Date
Executive Director
STATE OF TEXAS §
COUNTY OF NUECES §
ACKNOWLEDGMENT
KNOW ALL BY THESE PRESENTS:
This instrument was acknowledged before me on
by Judy Telge, Executive Director, Coastal Bend Center for Independent Living , a 2008,
Texas Domestic Non -Profit Corporation, on behalf of the corporation.
NOTARY PUBLIC
State of Texas
Affordable Housing - Independent Living - HBA 07162008.doc
Pan 9f 11
AFFORDABLE HOUSING PROJECT SERVICE AGREEMENT
This Affordable Housing Project Service Agreement (" Service Agreement ") is entered
into between the Corpus Christi Business and Job Development Corporation
( "Corporation ") and the City of Corpus Christi, Texas ( "City").
WHEREAS, the Texas Legislature in Section 4A of Article 5190:6, Vernon's Texas
Revised Civil Statutes (Development Corporation Act of 1979) empowered local
communities with the ability to adopt an optional local sales and use tax as a means of
improving the economic health and prosperity of their citizens;
WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ( "City ")
passed Proposition 2, New and Expanded Business Enterprises, which authorized the
adoption of a sales and use tax for the promotion and development of new and
expanded business enterprises at the rate of one - eighth of one percent to be imposed
for 15 years;
WHEREAS, in the same election, the residents of the City passed Proposition 2B,
Affordable Housing, which authorized the use of a portion of the sales and use tax
approved under Proposition 2 for affordable housing, up to $500,000 annually, so long
as there are projects for which the amount can reasonably be used;
WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 and allocated
under Proposition 2B for affordable housing was subsequently enacted by the City's
City Council ( "City Council "), and filed with the State Comptroller of Texas, effective
April 1, 2003, to be administered by the Corporation's Board of Directors ( "Board ");
WHEREAS, the Corporation is authorized to promote the development and expansion
of affordable housing, as defined by 42 U.S.C. Section12745, for the citizens of Corpus
Christi, Texas;
WHEREAS, on April 7, 2008, the Board issued a request for proposals for affordable
housing projects;
WHEREAS, Section 21 of the Texas Development Corporation Act of 1979, Art. 5190.6,
Vernon's Texas Revised Civil Statutes, requires the City Council to approve all
programs and expenditures of the Corporation;
WHEREAS, Coastal Bend Center for Independent Living ( "Grantee ") submitted a
proposal to the Board to request funds for the "Home of Your Own Program ";
WHEREAS, the Board has determined that it is in the best interests of the residents of
the City of Corpus Christi that affordable housing funds be awarded, and by execution
of the Affordable Housing Project Agreement between the Board and Grantee, to
accomplish the affordable housing project described in that agreement and the
Grantee's proposal;
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WHEREAS, the City Council concurs with the Board's determination that it is in the best
interests of the residents of the City of Corpus Christi that affordable housing funds be
awarded. The City Council authorizes the Affordable Housing Project Agreement
between the Board and Grantee;
In consideration of the covenants, promises, and conditions stated in this Service
Agreement, the Corporation and the City agree as follows:
1. Service Agreement to Implement Affordable Housing Project Agreement. This
Service Agreement between the City and the Corporation is executed to implement the
Affordable Housing Project Agreement between the Corporation and Grantee.
2. Term. The term of this Service Agreement runs concurrently with the term of the
Affordable Housing Project Agreement.
3. Services to be Provided by City.
a. The City Manager, or the City Manager's designee, shall administer funding
on behalf of the Corporation.
b. The City Manager, or the City Manager's designee, shall perform contract
administration responsibilities outlined in the Affordable Housing Project
Agreement for the Corporation.
4. Appropriation of Funds. Any future payments by the City are subject to
appropriation of funds by City's Council.
5. Effective Date. The effective date of this Service Agreement is the latest date that
either party executes this Service Agreement.
6. Amendments or Modifications. No amendments or modifications to this Service
Agreement may be made, nor any provision waived, unless in writing signed by a
person duly authorized to sign agreements on behalf of each party.
7. Severability.
a. If for any reason, any section, paragraph, subdivision, clause, provision,
phrase or word of this Service Agreement or the application of this Service
Agreement to any person or circumstance is, to any extent, held illegal, invalid, or
unenforceable under present or future law or by a final judgment of a court of
competent jurisdiction, then the remainder of this Service Agreement, or the
application of the term or provision to persons or circumstances other than those
as to which it is held illegal, invalid, or unenforceable, will not be affected by the
law or judgment, for it is the definite intent of the parties to this Service
Agreement that every section, paragraph, subdivision, clause, provision, phrase,
or word of this Service Agreement be given full force and effect for its purpose.
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b. To the extent that any clause or provision is held illegal, invalid, or
unenforceable under present or future law effective during the term of this
Service Agreement, then the remainder of this Service Agreement is not affected
by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision,
a clause or provision, as similar in terms to the illegal, invalid, or unenforceable
clause or provision as may be possible and be legal, valid, and enforceable, will
be added to this Service Agreement automatically.
8. Captions. The captions in this Service Agreement are for convenience only and are
not a part of this Service Agreement. The captions do not in any way limit or amplify the
terms and provisions of this Service Agreement.
The City of Corpus Christi Corpus Christi Business &
Job Development Corporation
George K. Noe Eloy Salazar
City Manager Chairperson
Date: Date:
Attest
Armando Chapa
City Secretary
Approved as to Legal Form this _day of.July, 2008.
R. Jay Reining
First Assistant City Attorney
for City Attorney
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Page 1 of 3
RESOLUTION
AUTHORIZING THE CORPUS CHRISTI BUSINESS AND JOB
DEVELOPMENT CORPORATION TO EXECUTE AN
AFFORDABLE HOUSING PROJECT AGREEMENT WITH
CATHOLIC CHARITIES OF CORPUS CHRISTI, INC., IN THE
AMOUNT OF $56,000, FOR HOMEBUYER EDUCATION AND
COUNSELING PROGRAM, AND AUTHORIZING THE CITY
MANAGER, OR DESIGNEE, TO EXECUTE AN AFFORDABLE
HOUSING PROJECT SERVICE AGREEMENT WITH THE
CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT
CORPORATION REGARDING IMPLEMENTATION AND
ADMINISTRATION OF THE AFFORDABLE HOUSING PROJECT
AGREEMENT BETWEEN CORPORATION AND CATHOLIC
CHARITIES OF CORPUS CHRISTI, INC.
WHEREAS, there is a need for an affordable housing project service agreement
between the City of Corpus Christi and the Corpus Christi Business and Job
Development Corporation for the implementation and administration of the
affordable housing project agreement with Catholic Charities of Corpus Christi,
Inc. for Homebuyer Education and Counseling Program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. The Corpus Christi Business and Job Development Corporation is
authorized to execute the affordable housing project agreement with Catholic
Charities of Corpus Christi, Inc. for Homebuyer Education and Counseling
Program, which is attached to this resolution as Exhibit A, and expend $56,000 of
funds available to the Corporation for that purpose.
SECTION 2. That the City Manager, or designee, is authorized to execute the
affordable housing project service agreement between the City of Corpus Christi
and the Corpus Christi Business and Job Development Corporation for the
implementation and administration of the affordable housing project agreement
with Catholic Charities of Corpus Christi, Inc., which is attached to this resolution
as Exhibit B.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
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Page2of3
APPROVED as to form: July /` 2008
R. JayRei 'ng
First Assi ant City Attorney
For the City Attorney
—428 -
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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
H:1 LEG- DIR15haredUayWgenda \2 0 0 818- 1 21Res- Affordale io?Istg- CalholicCharities.doc
AFFORDABLE HOUSING PROJECT AGREEMENT
CATHOLIC CHARITIES OF CORPUS CHRISTI, INC. —
HOME BUYER EDUCATION AND COUNSELING
This Affordable Housing Project Agreement ( "Project Agreement ") is entered into
between the Corpus Christi Business and Job Development Corporation
( "Corporation "), the City of Corpus Christi ( "City"), and Catholic Charities of Corpus
Christi, Inc. ( "Grantee ").
WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vemon's Texas
Revised Civil Statutes (Development Corporation Act of 1979) empowered local
communities with the ability to adopt an optional local sales and use tax as a means of
improving the economic health and prosperity of their citizens;
WHEREAS, on November 5, 2002, residents of the City of Corpus Christi passed
Proposition 2, New and Expanded Business Enterprises, which authorized the adoption
of a sales and use tax for the promotion and development of new and expanded
business enterprises at the rate of one - eighth of one percent to be imposed for 15
years;
WHEREAS, in the same election, the residents of the City passed Proposition 2B,
Affordable Housing, which authorized the use of a portion of the sales and use tax
approved under Proposition 2 for affordable housing, up to $500,000 annually, so long
as there are projects for which the amount can reasonably be used;
WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 and allocated
under Proposition 2B for affordable housing was subsequently enacted by the City's
City Council ( "City Council "), and filed with the State Comptroller of Texas, effective
April 1, 2003, to be administered by the Corporation's Board of Directors ( "Board ");
WHEREAS, the Board issued a request for proposals for affordable housing projects;
WHEREAS, Grantee submitted a proposal to the Board to request funds to provide
homebuyer education and counseling to assist prospective low and moderate income
homebuyers.
WHEREAS, the Board has determined that it is in the best interests of the residents of
the City that affordable housing funds be awarded, by execution of this Project
Agreement, to accomplish the affordable housing project described in this agreement
and in Grantee's proposal;
In consideration of the covenants, promises, and conditions stated in this Project
Agreement, the Corporation, Grantee, and the City agree as follows:
1. Project Agreement to Implement Affordable Housing Project. This Project
Agreement between the Corporation, the City, and Grantee is executed to implement
the promotion and development of an affordable housing project proposed by Grantee
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Affordable Housing - Catholic Charities — Counselling 0722 0t8.doc
in response to the Board's request for proposals ( "Project Response "). The Project
Response submitted by Grantee, entitled "Catholic Charities Home Buyer Education
and Counseling Program" ( "Project ") is attached to this Project Agreement as Exhibit A,
and is incorporated in this Project Agreement by reference.
2. Effective Date. The effective date of this Project Agreement is the latest date on
which a party to the Project Agreement executes this Project Agreement. ( "Effective
Date ")
3. Expiration Date. This Project Agreement expires on July 31, 2009.
4. Services to be Provided by City.
a. The City, through the City's City Manager or his designee ( "City Manager "),
administers the funding and performs contract administration responsibilities, as
outlined in this Project Agreement, for the Corporation.
5. Services to be Provided by Grantee.
a. Grantee shall provide homeownership education, financial literacy, guidance, and
one-on -one counseling to families and individuals in the City, with an emphasis on
foreclosure prevention and mortgage delinquencies. This Project must be targeted
to low and moderate income families within the city limits of the City, including those
living above 100% of the Federal Poverty Guideline.
b. Grantee shall offer workshops, provide one -on -one counseling, and advocate to
lenders for better terms and better loan products.
c. Grantee shall add one additional Housing Counselor for one year.
d. Grantee shall provide services to an additional 300 clients who reside within the
City.
e. Grantee shall offer 12 additional workshops for 300 participants in English, and
four (4) workshops to 30 participants in Spanish.
6. Services to be Provided by Corporation. The Corporation will provide a grant of
$56,000.00 for the Project.
7. Documentation and Reports.
a. Grantee shall maintain all documentation relating to the receipt and
expenditure of the funds provided under this Project Agreement for a period of
three years following the expiration of this Project Agreement or for such longer
period as may be required by Federal or State law.
b. Grantee shall provide access to all records, documents, reports, and audits,
regarding the funded activity under this Project Agreement, during regular
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Affordable Housing - Catholic Charities — Counselling 072220pamea —
business hours, for the purpose of inspection and copying by the City Manager.
Furthermore, Grantee shall provide to the City Manager any information
pertinent to this Project Agreement, as may be requested during the term of this
Project Agreement.
c. Grantee shall submit a performance report ( "Quarterly Report") to the City
and the Corporation at least once each quarter, and a complete performance
report ( "Final Report") within 30 days of the expiration of this Project
Agreement. The Quarterly and Final Reports must contain all relevant details
pertaining to education and counseling services provided to prospective low and
moderate homebuyers and recent purchasers of homes through the various
affordable housing programs, and include any supporting documentation
required to substantiate the written narrative contained in the reports.
8. Amendments or Modifications.
a. No amendments or modifications to this Project Agreement may be made, nor
any provision waived, unless the amendment or modification is made in writing
and signed by persons duly authorized to sign agreements on behalf of all
parties.
b. The Executive Director and City Manager are authorized to execute minor
amendments or modifications to this Project Agreement, by exchange of letters
with the Grantee. The minor amendments and modifications may relate to the
timing of performance and reporting, the scope of work to be performed, the
number of homebuyers assisted, or the amount of assistance provided to each
homebuyer. However, the minor amendments or modifications may not increase
the amounts of money available to the Grantee under this Project Agreement.
9. Severability.
a. If for any reason, any section, paragraph, subdivision, clause, provision,
phrase or word of this Project Agreement or the application of this Project
Agreement to any person or circumstance is, to any extent, held illegal, invalid,
or unenforceable under present or future law or by a final judgment of a court of
competent jurisdiction, then the remainder of this Project Agreement, or the
application of the term or provision to persons or circumstances other than
those as to which it is held illegal, invalid, or unenforceable, will not be affected
by the law or judgment, for it is the definite intent of the parties to this Project
Agreement that every section, paragraph, subdivision, clause, provision,
phrase, and word of this Project Agreement be given full force and effect for its
purpose.
b. To the extent that any clause or provision is held illegal, invalid, or
unenforceable under present or future law effective during the term of this
Project Agreement, then the remainder of this Project Agreement is not affected
by the law, and in lieu of any illegal, invalid, or unenforceable clause or
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Affordable Housing - Catholic Charities — Counselling 07222008 c ?
provision, a clause or provision, as similar in terms to the illegal, invalid, or
unenforceable clause or provision as may be possible and be legal, valid, and
enforceable, will be added to this Project Agreement automatically.
10. Compliance with Laws. Grantee shall comply with all applicable Federal, State,
and local government laws, rules, regulations, and ordinances which may be relevant to
Grantee's performance under this Project Agreement.
11. Jurisdiction and Venue.
a. This Project Agreement is governed by and must be construed under the
laws of the State of Texas.
b. All actions brought to enforce compliance with this Project Agreement must
be brought in Nueces County; Texas, where this Project Agreement was
entered into and must be performed.
12. Acknowledgment and Construction of Ambiguities. The parties expressly
agree that each has independently read and does understand this Project Agreement.
By Grantee's execution of this Project Agreement, Grantee agrees to be bound by the
terms, covenants, and conditions contained in this Project Agreement. Any ambiguities
in this Project Agreement may not be construed against the drafter.
13. Indemnity. Grantee must fully indemnify and hold harmless the
City of Corpus Christi, the Corpus Christi Business and Job
Development Corporation, and their officers, employees, and agents
(hereinafter, collectively "Indemnitees ") from and against any and all
liability, damage, loss, claims, demands, expenses, suits, and causes
of action of any nature whatsoever on account of injury or damage to
person (including, without limitation on the foregoing, premises
defects, workers' compensation, and death claims) or property loss or
damage of any kind whatsoever which arise out of or are in any
manner connected with, or are claimed to arise out of or be in any
way connected with, either proximately or remotely, wholly or in part,
any activities by Grantee, its officers, employees, agents, members,
invitees, or independent contractors with respect to this Project
Agreement or the Project that is the subject of this Project
Agreement, regardless of whether such injuries, death, or damages
are caused, or are claimed to be caused, by the contributory
negligence of any of the Indemnitees, but not if caused by the sole
negligence of the Indemnitees unmixed with the fault of any other
person or entity. Grantee covenants and agrees that if Indemnitees,
or any of them, are made a'party to any litigation against Grantee'or in
any litigation commenced by any party other than Grantee relating to
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Affordable Housing - Catholic Charities — Counselling 0722200ao
this Project Agreement or Project, Grantee shall, upon receipt of
reasonable notice regarding commencement of litigation, at its own
expense, investigate all claims and demands, attend to their
settlement or other disposition, defend lndemnitees in all actions
based thereon with legal counsel satisfactory to lndemnitees, and pay
all charges of attorneys and all other costs and expenses of any kind
arising from any said liability, damage, loss, demand, claim, or action.
14. Warranties. Grantee warrants and represents to Corporation the following:
a. Grantee is a duly organized, validly existing, and in good standing under the
laws of the State of Texas, has all authority to carry on its business as presently
conducted in Corpus Christi, Texas.
b. Grantee has the authority to enter into and perform, and will perform, the
terms of this Project Agreement.
c. Grantee has timely filed and will timely file all local, State, and Federal tax
reports and returns required by law to be filed and all taxes, assessments, fees,
and other governmental charges, including applicable ad valorem taxes, have
been timely paid, and will be timely paid, during the term of this Project
Agreement.
d. Grantee has received a copy of the Texas Development Corporation Act of
1979, Art. 5190.6, Vemon's Texas Revised Civil Statutes, and acknowledges that
the funds granted in this Project Agreement must be utilized solely for purposes
authorized under State law and by the terms of this Project Agreement.
e. If an audit determines that the funds were not used for authorized purposes,
Grantee agrees to reimburse Corporation for the sums of money spent for
purposes not authorized by law within 30 days written notice requesting
reimbursement.
f. The parties executing this Project Agreement on behalf of Grantee are duly
authorized to execute this Project Agreement on behalf of Grantee.
15. Events of Default. The following events constitute a default of this Agreement:
a. Failure of Grantee to timely, fully, and completely comply with any one or
more of the requirements, obligations, duties, terms, conditions, or warranties of
this Project Agreement.
b. The Corporation or City determines that any representation or warranty on
behalf of Grantee contained in this Project Agreement or in any financial
statement, certificate, report, proposal, or opinion submitted to the Corporation in
connection with this Project Agreement was incorrect or misleading in any
material respect when made.
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Affordable Housing . Catholic Charities — Counselling 07222Wc
c. Any judgment is assessed against Grantee or any attachment or other levy
against the property of Grantee with respect to a claim remains unpaid,
undischarged, or not dismissed for a period of 30 days.
d. Grantee makes an assignment for the benefit of creditors.
e. Grantee files a petition in bankruptcy, or is adjudicated insolvent or bankrupt.
f. If taxes on property owed by Grantee become delinquent, and Grantee fails to
timely and properly follow the legal procedures for protest or contest.
g. Grantee changes the general character of its business as conducted on or
following the date this Agreement is approved by the Corporation.
16. Notice of Default. Should the Corporation or City determine that Grantee is in
default under the terms of this Agreement, the Corporation or City shall notify Grantee in
writing of the event of default and provide 60 days from the date of the notice ( "Cure
Period ") for Grantee to cure the event of default.
17. Results of Uncured Default. After exhausting good faith attempts to address any
default during the Cure Period, and taking into account any extenuating circumstances
that might have occurred through no fault of Grantee, as determined by the Board of
Directors of the Corporation, the following actions must be taken for any default that
remains uncured after the Cure Period:
a. Grantee shall immediately repay to Corporation, with interest at the interest
rate paid by the City on its most recently issued general obligation bonds from
date of expiration of Cure Period until fully paid, all funds not used under terms of
this Project Agreement.
b. Grantee shall pay Corporation reasonable attorney fees and costs of court to
collect amounts due to Corporation.
c. The Corporation shall have no further obligations to Grantee under this
Project Agreement and this Project Agreement shall terminate.
d. Neither the City nor the Corporation may be held liable for any consequential
damages.
e. The Corporation may pursue all remedies available under law.
18. No Waiver.
a. No waiver of any covenant or condition, or the breach of any covenant or
condition of this Project Agreement, constitutes a waiver of any subsequent
breach of the covenant or condition of the Project Agreement.
Page 6 of 10
Affordable Housing - Catholic Charities — Counselling 07222008
b. No waiver of any covenant or condition, or the breach of any covenant or
condition of this Project Agreement, justifies or authorizes the nonobservance on
any other occasion of the covenant or condition or any other covenant or
condition of this Project Agreement.
c. Any waiver or indulgence of Grantee's default may not be considered an
estoppel against the Corporation.
d. It is expressly understood that if at any time Grantee is in default in any of its
conditions or covenants of this Project Agreement, the failure on the part of the
Corporation to promptly avail itself of the rights and remedies that the
Corporation may have, will not be considered a waiver on the part of the
Corporation, but Corporation may at any time avail itself of the rights or remedies
or elect to terminate this Project Agreement on account of the default.
19. Notices.
a. Any required written notices shall be sent, certified mail, return receipt
requested, addressed as follows:
If to Grantee:
Catholic Charities of Corpus Christi, Inc.
Attn: Executive Director
101 South Padre Island Drive
Corpus Christi, Texas 78405 -4102
If to Corporation:
City of Corpus Christi Business and Job Development Corporation
Attn: Executive Director
1201 Leopard Street
Corpus Christi, Texas 78401
b. A copy of all notices and correspondence must be sent to the City at the
following address:
City of Corpus Christi
Attn.: City Manager
P.O. Box 9277
Corpus Christi, Texas 78469 -9277
c. Notice is effective upon deposit in the United States mail in the manner
provided in subsection a of this section.
Page 7 of 10
Affordable Housing - Catholic Charities — Counselling 07227db &S
20. Incorporation of other documents.
The Corpus Christi Business & Job Development Corporation 4a Board
Affordable Housing Request for Proposals issued April 7, 2008, is incorporated
into this Project Agreement.
21. Relationship of Parties. In performing this Agreement, the Corporation, Grantee,
and the City shall 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.
22. Nonassignment. Grantee may not assign, mortgage, pledge, or transfer this
Project Agreement or any interest contained in this Project Agreement without the prior
written consent of the other parties to this Project Agreement.
23. Non - discrimination.
a. Grantee may not discriminate nor permit discrimination against any person or
group of persons on the grounds of race, gender, disability, religion, age, or national
origin in any manner prohibited by the laws of the United States or the State of
Texas.
b. The Corporation retains the right to take any action the United States or the State
of Texas may direct to enforce this non - discrimination covenant.
24. Captions. The captions in this Project Agreement are for convenience only and
are not a part of this Project Agreement. The captions do not in any way limit or amplify
the terms and provisions of this Project Agreement.
25. Entire Agreement. This Project Agreement and the referenced and incorporated
documents constitute the entire agreement between the Corporation, the City, and
Grantee for the purpose stated. All other agreements, promises, representations, and
understandings, oral or otherwise, with reference to the subject matter of this Project
Agreement, unless contained in this Project Agreement, are expressly revoked, as the
parties intended to provide for a complete understanding, within the provisions of this
Project Agreement and its referenced and incorporated documents, of the terms,
conditions, promises, and covenants relating to the each party's required performance
under this Project Agreement.
CORPUS CHRISTI BUSINESS &
JOB DEVELOPMENT CORPORATION
Eloy Salazar
Chairman
Page 1&
48 of 10
Affordable Housing - Catholic Charities — Counselling 0722zooe.
Date
STATE OF TEXAS §
COUNTY OF NUECES §
ACKNOWLEDGMENT
KNOW ALL BY THESE PRESENTS:
This instrument was acknowledged before me on , 2008,
by Eloy Salazar, Chairman, Corpus Christi Business & Job Development Corporation, a
Texas nonprofd corporation, on behalf of the corporation.
NOTARY PUBLIC
State of Texas
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa George K. Noe
City Secretary City Manager
Date: Date:
APPROVED AS TO FORM:
R. Jay Reinirig�
First Assistant City Attorney
for the City Attomey
Page 9 of 10
Affordable Housing - Catholic Charities — Counselling 07 18dac
CATHOLIC CHARITIES OF CORPUS CHRISTI, INC.
Linda McKamie
Executive Director
STATE OF TEXAS
COUNTY OF NUECES
Date
ACKNOWLEDGMENT
KNOW ALL BY THESE PRESENTS:
This instrument was acknowledged before me on
by Linda McKamie, Executive Director, Catholic Charities of Corpus Christi, Inc. , a 2008,
Texas Domestic Non - Profit Corporation, on behalf of the corporation.
NOTARY PUBLIC
State of Texas
Page
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Affordable Housing - Catholic Charities — Counselling 072220U b fi-
AFFORDABLE HOUSING PROJECT SERVICE AGREEMENT
This Affordable Housing Project Service Agreement C' Service Agreement ") is entered
into between the Corpus Christi Business and Job Development Corporation
( "Corporation ") and the City of Corpus Christi, Texas ( "City ").
WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas
Revised Civil Statutes (Development Corporation Act of 1979) empowered local
communities with the ability to adopt an optional local sales and use tax as a means of
improving the economic health and prosperity of their citizens;
WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ( "City ")
passed Proposition 2, New and Expanded Business Enterprises, which authorized the
adoption of a sales and use tax for the promotion and development of new and
expanded business enterprises at the rate of one - eighth of one percent to be imposed
for 15 years;
WHEREAS, in the same election, the residents of the City passed Proposition 2B,
Affordable Housing, which authorized the use of a portion of the sales and use tax
approved under Proposition 2 for affordable housing, up to $500,000 annually, so long
as there are projects for which the amount can reasonably be used;
WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 and allocated
under Proposition 2B for affordable housing was subsequently enacted by the City's
City Council ( "City Council "), and filed with the State Comptroller of Texas, effective
April 1, 2003, to be administered by the Corporation's Board of Directors ( "Board ");
WHEREAS, the Corporation is authorized to promote the development and expansion
of affordable housing, as defined by 42 U.S.C. Section12745, for the citizens of Corpus
Christi, Texas;
WHEREAS, on April 7, 2008, the Board issued a request for proposals for affordable
housing projects;
WHEREAS, Section 21 of the Texas Development Corporation Act of 1979, Art. 5190.6,
Vernon's Texas Revised Civil Statutes, requires the City Council to approve all
programs and expenditures of the Corporation;
WHEREAS, Catholic Charities of Corpus Christi, Inc. ( "Grantee ") submitted a proposal
to the Board to request funds for the "Homebuyer Education and Counseling Program ";
WHEREAS, the Board has determined that it is in the best interests of the residents of
the City of Corpus Christi that affordable housing funds be awarded, and by execution
of the Affordable Housing Project Agreement between the Board and Grantee, to
accomplish the affordable housing project described in that agreement and the
Grantee's proposal;
_4��Page 1 of 3
Anrvi p Anrnement 4A -Gifu CatholicCharities.doc
WHEREAS, the City Council concurs with the Board's determination that it is in the best
interests of the residents of the City of Corpus Christi that affordable housing funds be
awarded. The City Council authorizes the Affordable Housing Project Agreement
between the Board and Grantee;
In consideration of the covenants, promises, and conditions stated in this Service
Agreement, the Corporation and the City agree as follows:
1. Service Agreement to Implement Affordable Housing Project Agreement. This
Service Agreement between the City and the Corporation is executed to implement the
Affordable Housing Project Agreement between the Corporation and Grantee.
2. Term. The term of this Service Agreement runs concurrently with the term of the
Affordable Housing Project Agreement.
3. Services to be Provided by City.
a. The City Manager, or the City Manager's designee, shall administer funding
on behalf of the Corporation.
b. The City Manager, or the City Manager's designee, shall perform contract
administration responsibilities outlined in the Affordable Housing Project
Agreement for the Corporation.
4. Appropriation of Funds. Any future payments by the City are subject to
appropriation of funds by City's Council.
5. Effective Date. The effective date of this Service Agreement is the latest date that
either party executes this Service Agreement.
6. Amendments or Modifications. No amendments or modifications to this Service
Agreement may be made, nor any provision waived, unless in writing signed by a
person duly authorized to sign agreements on behalf of each party.
7. Severability.
a. If for any reason, any section, paragraph, subdivision, clause, provision,
phrase or word of this Service Agreement or the application of this Service
Agreement to any person or circumstance is, to any extent, held illegal, invalid, or
unenforceable under present or future law or by' a final judgment of a court of
competent jurisdiction, then the remainder of this Service Agreement, or the
application of the term or provision to persons or circumstances other than those
as to which it is held illegal, invalid, or unenforceable, will not be affected by the
law or judgment, for it is the definite intent of the parties to this Service
Agreement that every section, paragraph, subdivision, clause, provision, phrase,
or word of this Service Agreement be given full force and effect for its purpose.
ry
H:LLEG- DIR1SharedUayAgenda \2008 \8- 12Affordable Housing Project Service Agreement 4A -Ckv
b. To the extent that any clause or provision is held illegal, invalid, or
unenforceable under present or future law effective during the term of this
Service Agreement, then the remainder of this Service Agreement is not affected
by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision,
a clause or provision, as similar in terms to the illegal, invalid, or unenforceable
clause or provision as may be possible and be legal, valid, and enforceable, will
be added to this Service Agreement automatically.
8. Captions. The captions in this Service Agreement are for convenience only and are
not a part of this Service Agreement. The captions do not in any way limit or amplify the
terms and provisions of this Service Agreement.
The City of Corpus Christi Corpus Christi Business &
Job Development Corporation
George K. Noe Eloy Salazar
City Manager Chairperson
Date: Date:
Attest
Armando Chapa
City Secretary
Approved as to Legal Form this . day of July, 2008.
R. Jay Reining
First Assistant City Attorney
for City Attorney
— 4p2e3of3
H�\ LEG- DIR\ SharedUav \Aoenda\2008\8- 12\Affordable Housing fAct Service Aareement 4A -Citv CatholicCharhies.doc
Page 1 of 3
RESOLUTION
AUTHORIZING THE CORPUS CHRISTI BUSINESS AND JOB
DEVELOPMENT CORPORATION TO EXECUTE AN
AFFORDABLE HOUSING PROJECT AGREEMENT WITH
CORPUS CHRISTI COMMUNITY DEVELOPMENT
CORPORATION, IN THE AMOUNT OF $225,000, FOR A NEW
HOME CONSTRUCTION PROJECT, AND AUTHORIZING THE
CITY MANAGER, OR DESIGNEE, TO EXECUTE AN
AFFORDABLE HOUSING PROJECT SERVICE AGREEMENT
WITH THE CORPUS CHRISTI BUSINESS AND JOB
DEVELOPMENT CORPORATION REGARDING
IMPLEMENTATION AND ADMINISTRATION OF THE
AFFORDABLE HOUSING PROJECT AGREEMENT BETWEEN
CORPORATION AND CORPUS CHRISTI COMMUNITY
DEVELOPMENT CORPORATION
WHEREAS, there is a need for an affordable housing project service agreement
between the City of Corpus Christi and the Corpus Christi Business and Job
Development Corporation for the implementation and administration of the
affordable housing project agreement with Corpus Christi Community
Development Corporation for New Home Construction Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. The Corpus Christi Business and Job Development Corporation is
authorized to execute the affordable housing project agreement with Corpus
Christi Community Development Corporation for a New Home Construction
Project, which is attached to this resolution as Exhibit A, and expend $225,000 of
funds available to the Corporation for that purpose.
SECTION 2. That the City Manager, or designee, is authorized to execute the
affordable housing project service agreement between the City of Corpus Christi
and the Corpus Christi Business and Job Development Corporation for the
implementation and administration of the affordable housing project agreement
with Corpus Christi Community Development Corporation, which is attached to
this resolution as Exhibit B.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
H:\ LEG- DIR\ SharedUay \Agenda\2008 \6- 121Res- Affordsle}p g.CCCDC- NewHomeConst.doc
Page 2 of 3
APPROVED as to form: July 2008
R. Jay ir}ifig
First ssistant City AtJdrney
For the City Attorney
H \LEG- DIR \SharedUay\ genda\ 2008\ 8 -12\ Res- Afforda14144aing- CCCDC- NewHomeConst.doc
Page 3 of 3
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
H:1LEG- DIR1ShareduayAgenda \2008 \8- 121Res- Aflordale -4 -
9"CCDC- NewHomeConstdoc
AFFORDABLE HOUSING PROJECT AGREEMENT
CORPUS CHRISTI COMMUNITY DEVELOPMENT CORPORATION —
NEW HOME CONSTRUCTION PROJECT
This Affordable Housing Project Agreement ( "Project Agreement ") is entered into
between the Corpus Christi Business and Job Development Corporation
( "Corporation "), the City of Corpus Christi ( "City"), and Corpus Christi Community
Development Corporation ( "Grantee ").
WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas
Revised Civil Statutes (Development Corporation Act of 1979) empowered local
communities with the ability to adopt an optional local sales and use tax as a means of
improving the economic health and prosperity of their citizens;
WHEREAS, on November 5, 2002, residents of the City of Corpus Christi passed
Proposition 2, New and Expanded Business Enterprises, which authorized the adoption
of a sales and use tax for the promotion and development of new and expanded
business enterprises at the rate of one - eighth of one percent to be imposed for 15
years;
WHEREAS, in the same election, the residents of the City passed Proposition 2B,
Affordable Housing, which authorized the use of a portion of the sales and use tax
approved under Proposition 2 for affordable housing, up to $500,000 annually, so long
as there are projects for which the amount can reasonably be used;
WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 and allocated
under Proposition 2B for affordable housing was subsequently enacted by the City's
City Council ( "City Council "), and filed with the State Comptroller of Texas, effective
April 1, 2003, to be administered by the Corporation's Board of Directors ( "Board ");
WHEREAS, the Board issued a request for proposals for affordable housing projects;
WHEREAS, Grantee submitted a proposal to the Board to request funds for the
purchase of land for affordable housing, construction and development fees, and
installation of green building features into new homes.
WHEREAS, the Board has determined that it is in the best interests of the residents of
the City of Corpus Christi that affordable housing funds be awarded, by execution of this
Project Agreement, to accomplish the affordable housing project described in this
agreement and in portions of the Grantee's proposal;
In consideration of the covenants, promises, and conditions stated in this Project
Agreement, the Corporation, Grantee, and the City agree as follows:
1. Project Agreement to Implement Affordable Housing Project. This Project
Agreement between the Corporation, the City, and Grantee is executed to implement
the promotion and development of an affordable housing project proposed by Grantee
Page 1 of 11
Affordable Housing - CCCDC - New Homes 07152008.doc
in response to the Board's request for proposals ( "Project Response "). The Project
Response submitted by Grantee, entitled "CCCDC New Home Construction Project"
( "Project ") is attached to this Project Agreement as Exhibit A, and is incorporated in this
Project Agreement by reference.
2. Effective Date. The effective date of this Project Agreement is the latest date on
which a party to the Project Agreement executes this Project Agreement. ( "Effective
Date ")
3. Expiration Date. This Project Agreement expires on January 31, 2011.
4. Services to be Provided by City.
a. The City, through the City's City Manager or his designee ( "City Manager "),
administers the funding and performs contract administration responsibilities, as
outlined in this Project Agreement, for the Corporation.
5. Services to be Provided by Grantee.
a. Grantee shall acquire nine (9) lots for the construction of new single - family
homes for low or moderate income families. Funds from this grant may be used
to defray portions of the costs to purchase the lots. The cost of each new lot
must not exceed $25,000.00.
b. Grantee shall construct nine (9) new single - family homes for low or moderate
income families. Funds from this grant may be used to defray portions of the
costs of construction and to buy down the costs of development service fees for
the new homes.
c. Each new home must incorporate energy efficient features in the construction
of the homes for sustainability. Funds from this grant may be used to defray
portions of the costs of installing the energy efficient features.
d. Grantee is a recipient of HOME funds, and must provide families with down
payment assistance in the form of a forgivable loan in the amount of $15,000 to
$20,000 to families of low to moderate income.
e. Grantee must use lower down payment assistance to help more families at
60% and 50% Area Median Income (AMI), as deemed by HUD standards, qualify
for the purchase of a home.
f. Each homeowner must meet the qualifications in Exhibit B.
6. Services to be Provided by Corporation. The Corporation will provide a grant of
up to $25,000.00 toward the construction of each of the nine (9) new homes, including
the purchase of land and construction of the house incorporating energy efficient
features, but the total granted may not exceed $225,000.00.
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Affordable Housing - CCCDC - New Homes 07152008.doc
—447—
7. Documentation and Reports.
a. Grantee shall maintain all documentation relating to the receipt and
expenditure of the funds provided under this Project Agreement for a period of
three years following the expiration of this Project Agreement or for such longer
period as may be required by Federal or State law.
b. Grantee shall provide access to all records, documents, reports, and audits,
regarding the funded activity under this Project Agreement, during regular
business hours, for the purpose of inspection and copying by the City Manager.
Furthermore, Grantee shall provide to the City Manager any information
pertinent to this Project Agreement, as may be requested during the term of this
Project Agreement.
c. Grantee shall submit a performance report ( "Quarterly Report") to the City
and the Corporation at least once each quarter, and a complete performance
report ( "Final Report ") within 30 days of the expiration of this Project
Agreement. The Quarterly and Final Reports must contain all relevant details
pertaining to the acquisition of the land and construction of the nine homes with
energy efficient features with funds made available under this agreement, and
include any supporting documentation required to substantiate the written
narrative contained in the reports. The reports must document:
(1) Property appraisal information
(2) Title and Deed of Trust for the property purchased
(3) Expenses incurred for construction project
(4) Purchase price of the new constructed home
(5) Home buyer assistance information — amounts per homebuyer
(6). Itemized Energy efficiency (green building) features with documented
expenses
(7). Balance of 4A grant
(8) Pending project expenses
(9). Status of project time line
(10). Project challenges and anticipated resolutions.
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Affordable Housing - CCCDC - New Homes 07152008.d2;448—
8. Amendments or Modifications.
a. No amendments or modifications to this Project Agreement may be made, nor
any provision waived, unless the amendment or modification is made in writing
and signed by persons duly authorized to sign agreements on behalf of all
parties.
b. The Corporation's Executive Director and City Manager are authorized to
execute minor amendments or modifications to this Project Agreement, by
exchange of letters with the Grantee. The minor amendments and modifications
may relate to the timing of performance and reporting, the scope of work to be
performed, the number of homebuyers assisted, or the amount of assistance
provided to each homebuyer. However, the minor amendments or modifications
may not increase the amounts of money available to the Grantee under this
Project Agreement.
9. Severability.
a. If for any reason, any section, paragraph, subdivision, clause, provision,
phrase or word of this Project Agreement or the application of this Project
Agreement to any person or circumstance is, to any extent, held illegal, invalid,
or unenforceable under present or future law or by a final judgment of a court of
competent jurisdiction, then the remainder of this Project Agreement, or the
application of the term or provision to persons or circumstances other than
those as to which it is held illegal, invalid, or unenforceable, will not be affected
by the law or judgment, for it is the definite intent of the parties to this Project
Agreement that every section, paragraph, subdivision, clause, provision,
phrase, and word of this Project Agreement be given full force and effect for its
purpose.
b. To the extent that any clause or provision is held illegal, invalid, or
unenforceable under present or future law effective during the term of this
Project Agreement, then the remainder of this Project Agreement is not affected
by the law, and in lieu of any illegal, invalid, or unenforceable clause or
provision, a clause or provision, as similar in terms to the illegal, invalid, or
unenforceable clause or provision as may be possible and be legal, valid, and
enforceable, will be added to this Project Agreement automatically.
10. Compliance with Laws. Grantee shall comply with all applicable Federal, State,
and local government laws, rules, regulations, and ordinances which may be relevant to
Grantee's performance under this Project Agreement.
11. Jurisdiction and Venue.
a. This Project Agreement is governed by and must be construed under the
laws of the State of Texas.
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Affordable Housing - CCCDC - New Homes 07152008.doc -44 9-
b. All actions brought to enforce compliance with this Project Agreement must
be brought in Nueces County, Texas, where this Project Agreement was
entered into and must be performed.
12. Acknowledgment and Construction of Ambiguities. The parties expressly
agree that each has independently read and does understand this Project Agreement.
By Grantee's execution of this Project Agreement, Grantee agrees to be bound by the
terms, covenants, and conditions contained in this Project Agreement. Any ambiguities
in this Project Agreement may not be construed against the drafter.
13. Indemnity. Grantee must fully indemnify and hold harmless the
City of Corpus Christi, the Corpus Christi Business and Job
Development Corporation, and their officers, employees, and agents
(hereinafter, collectively "Indemnitees ") from and against any and all
liability, damage, loss, claims, demands, expenses, suits, and causes
of action of any nature whatsoever on account of injury or damage to
person (including, without limitation on the foregoing, premises
defects, workers' compensation, and death claims) or property loss or
damage of any kind whatsoever which arise out of or are in any
manner connected with, or are claimed to arise out of or be in any
way connected with, either proximately or remotely, wholly or in part,
any activities by Grantee, its officers, employees, agents, members,
invitees, or independent contractors with respect to this Project
Agreement or the Project that is the subject of this Project
Agreement, regardless of whether such injuries, death, or damages
are caused, or are claimed to be caused, by the contributory
negligence of any of the Indemnitees, but not if caused by the sole
negligence of the Indemnitees unmixed with the fault of any other
person or entity. Grantee covenants and agrees that if Indemnitees,
or any of them, are made a party to any litigation against Grantee or in
any litigation commenced by any party other than Grantee relating to
this Project Agreement or Project, Grantee shall, upon receipt of
reasonable notice regarding commencement of litigation, at its own
expense, investigate all claims and demands, attend to their
settlement or other disposition, defend Indemnitees in all actions
based thereon with legal counsel satisfactory to Indemnitees, and pay
all charges of attorneys and all other costs and expenses of any kind
arising from any said liability, damage, loss, demand, claim, or action.
Page 5 of 11
Affordable Housing - CCCDC - New Homes 07152008.doe 4 5 0-
14. Warranties. Grantee warrants and represents to Corporation the following:
a. Grantee is a duly organized, validly existing, and in good standing under the
laws of the State of Texas, has all authority to carry on its business as presently
conducted in Corpus Christi, Texas.
b. Grantee has the authority to enter into and perform, and will perform, the
terms of this Project Agreement.
c. Grantee has timely filed and will timely file all local, State, and Federal tax
reports and returns required by law to be filed and all taxes, assessments, fees,
and other governmental charges, including applicable ad valorem taxes, have
been timely paid, and will be timely paid, during the term of this Project
Agreement.
d. Grantee has received a copy of the Texas Development Corporation Act of
1979, Art. 5190.6, Vernon's Texas Revised Civil Statutes, and acknowledges that
the funds granted in this Project Agreement must be utilized solely for purposes
authorized under State law and by the terms of this Project Agreement.
e. If an audit determines that the funds were not used for authorized purposes,
Grantee agrees to reimburse Corporation for the sums of money spent for
purposes not authorized by law within 30 days written notice requesting
reimbursement.
f. The parties executing this Project Agreement on behalf of Grantee are duly
authorized to execute this Project Agreement on behalf of Grantee.
15. Events of Default. The following events constitute a default of this Agreement:
a. Failure of Grantee to timely, fully, and completely comply with any one or
more of the requirements, obligations, duties, terms, conditions, or warranties of
this Project Agreement.
b. The Corporation or City determines that any representation or warranty on
behalf of Grantee contained in this Project Agreement or in any financial
statement, certificate, report, proposal, or opinion submitted to the Corporation in
connection with this Project Agreement was incorrect or misleading in any
material respect when made.
c. Any judgment is assessed against Grantee or any attachment or other levy
against the property of Grantee with respect to a claim remains unpaid,
undischarged, or not dismissed for a period of 30 days.
d. Grantee makes an assignment for the benefit of creditors.
e. Grantee files a petition in bankruptcy, or is adjudicated insolvent or bankrupt.
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Affordable Housing - CCCDC - New Homes 07152008.doc
—451—
f. If taxes on property owed by Grantee become delinquent, and Grantee fails to
timely and properly follow the legal procedures for protest or contest.
g. Grantee changes the general character of its business as conducted on or
following the date this Agreement is approved by the Corporation.
16. Notice of Default. Should the Corporation or City determine that Grantee is in
default under the terms of this Agreement, the Corporation or City shall notify Grantee in
writing of the event of default and provide 60 days from the date of the notice ( "Cure
Period ") for Grantee to cure the event of default.
17. Results of Uncured Default. After exhausting good faith attempts to address any
default during the Cure Period, and taking into account any extenuating circumstances
that might have occurred through no fault of Grantee, as determined by the Board of
Directors of the Corporation, the following actions must be taken for any default that
remains uncured after the Cure Period:
a. Grantee shall immediately repay to Corporation, with interest at the interest
rate paid by the City on its most recently issued general obligation bonds from
date of expiration of Cure Period until fully paid, all funds not used under terms of
this Project Agreement.
b. Grantee shall pay Corporation reasonable attorney fees and costs of court to
collect amounts due to Corporation.
c. The Corporation shall have no further obligations to Grantee under this
Project Agreement and this Project Agreement shall terminate.
d. Neither the City nor the Corporation may be held liable for any consequential
damages.
e. The Corporation may pursue all remedies available under law.
18. No Waiver.
a. No waiver of any covenant or condition, or the breach of any covenant or
condition of this Project Agreement, constitutes a waiver of any subsequent
breach of the covenant or condition of the Project Agreement.
b. No waiver of any covenant or condition, or the breach of any covenant or
condition of this Project Agreement, justifies or authorizes the nonobservance on
any other occasion of the covenant or condition or any other covenant or
condition of this Project Agreement.
c. Any waiver or indulgence of Grantee's default may not be considered an
estoppel against the Corporation.
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Affordable Housing • CCCDC - New Homes 07152008.doc
-452-
d. It is expressly understood that if at any time Grantee is in default in any of its
conditions or covenants of this Project Agreement, the failure on the part of the
Corporation to promptly avail itself of the rights and remedies that the
Corporation may have, will not be considered a waiver on the part of the
Corporation, but Corporation may at any time avail itself of the rights or remedies
or elect to terminate this Project Agreement on account of the default.
19. Notices.
a. Any required written notices shall be sent, certified mail, return receipt
requested, addressed as follows:
If to Grantee:
Corpus Christi Community Development Corporation
Attn: President
615 Upper N. Broadway, Suite 1100
Corpus Christi, Texas 78477
If to Corporation:
City of Corpus Christi Business and Job Development Corporation
Attn: Executive Director
1201 Leopard Street
Corpus Christi, Texas 78401
b. A copy of all notices and correspondence must be sent to the City at the
following address:
City of Corpus Christi
Attn.: City Manager
P.O. Box 9277
Corpus Christi, Texas 78469 -9277
c. Notice is effective upon deposit in the United States mail in the manner
provided in subsection a of this section.
20. Incorporation of other documents.
The Corpus Christi Business & Job Development Corporation 4a Board -
Affordable Housing Request for Proposals issued April 7, 2008, is incorporated
into this Project Agreement.
21. Relationship of Parties. In performing this Agreement, the Corporation, Grantee,
and the City shall 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.
P8of11
Affordable Housing - CCCDC - New Homes 07752008.doc
22. Nonassignment. Grantee may not assign, mortgage, pledge, or transfer this
Project Agreement or any interest contained in this Project Agreement without the prior
written consent of the other parties to this Project Agreement.
23. Non - discrimination.
a. Grantee may not discriminate nor permit discrimination against any person or
group of persons on the grounds of race, gender, disability, religion, age, or national
origin in any manner prohibited by the laws of the United States or the State of
Texas.
b. The Corporation retains the right to take any action the United States or the State
of Texas may direct to enforce this non - discrimination covenant.
24. Captions. The captions in this Project Agreement are for convenience only and
are not a part of this Project Agreement. The captions do not in any way limit or amplify
the terms and provisions of this Project Agreement.
25. Entire Agreement. This Project Agreement and the referenced and incorporated
documents constitute the entire agreement between the Corporation, the City, and
Grantee for the purpose stated. All other agreements, promises, representations, and
understandings, oral or otherwise, with reference to the subject matter of this Project
Agreement, unless contained in this Project Agreement, are expressly revoked, as the
parties intended to provide for a complete understanding, within the provisions of this
Project Agreement and its referenced and incorporated documents, of the terms,
conditions, promises, and covenants relating to the each party's required performance
under this Project Agreement.
CORPUS CHRISTI BUSINESS &
JOB DEVELOPMENT CORPORATION
Eloy Salazar
Chairman
Date
Page 9 of 11
Affordable Housing - CCCDC - New Homes 07152008.doc _ 4 5 4—
STATE OF TEXAS
COUNTY OF NUECES
ACKNOWLEDGMENT
KNOW ALL BY THESE PRESENTS:
This instrument was acknowledged before me on 2008,
by Eloy Salazar, Chairman, Corpus Christi Business & Job Development Corporation, a
Texas nonprofit corporation, on behalf of the corporation.
NOTARY PUBLIC
State of Texas
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Date:
APPROVED AS TO FORM:
R. y R ning
First Assistant
for the City Att+
Attorney
rney
George K. Noe
City Manager
Date:
Page 10 of 11
Affordable Housing - CCCDC - New Homes 07152008.doc
-455-
CORPUS CHRISTI COMMUNITY DEVELOPMENT CORPORATION
Sylvia A. Ford
President
STATE OF TEXAS §
COUNTY OF NUECES §
Date
ACKNOWLEDGMENT
KNOW ALL BY THESE PRESENTS:
This instrument was acknowledged before me on
by Sylvia A. Ford, President, Corpus Christi Community
Texas Domestic For - Profit Corporation, on behalf of the
NOTARY PUBLIC
State of Texas
, 2008,
Development Corporation , a
corporation.
Page 11of11
Affordable Housing - CCCDC - New Homes 07152008.doc
—456—
AFFORDABLE HOUSING PROJECT SERVICE AGREEMENT
This Affordable Housing Project Service Agreement (" Service Agreement ") is entered
into between the Corpus Christi Business and Job Development Corporation
( "Corporation ") and the City of Corpus Christi, Texas ( "City ").
WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas
Revised Civil Statutes (Development Corporation Act of 1979) empowered local
communities with the ability to adopt an optional local sales and use tax as a means of
improving the economic health and prosperity of their citizens;
WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ( "City")
passed Proposition 2, New and Expanded Business Enterprises, which authorized the
adoption of a sales and use tax for the promotion and development of new and
expanded business enterprises at the rate of one - eighth of one percent to be imposed
for 15 years;
WHEREAS, in the same election, the residents of the City passed Proposition 2B,
Affordable Housing, which authorized the use of a portion of the sales and use tax
approved under Proposition 2 for affordable housing, up to $500,000 annually, so long
as there are projects for which the amount can reasonably be used;
WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 and allocated
under Proposition 2B for affordable housing was subsequently enacted by the City's
City Council ( "City Council "), and filed with the State Comptroller of Texas, effective
April 1, 2003, to be administered by the Corporation's Board of Directors ( "Board ");
WHEREAS, the Corporation is authorized to promote the development and expansion
of affordable housing, as defined by 42 U.S.C. Section 12745, for the citizens of Corpus
Christi, Texas;
WHEREAS, on April 7, 2008, the Board issued a request for proposals for affordable
housing projects;
WHEREAS, Section 21 of the Texas Development Corporation Act of 1979, Art. 5190.6,
Vernon's Texas Revised Civil Statutes, requires the City Council to approve all
programs and expenditures of the Corporation;
WHEREAS, Corpus Christi Community Development Corporation ( "Grantee ") submitted
a proposal to the Board to request funds for a "New Home Construction Project ";
WHEREAS, the Board has determined that it is in the best interests of the residents of
the City of Corpus Christi that affordable housing funds be awarded, and by execution
of the Affordable Housing Project Agreement between the Board and Grantee, to
accomplish the affordable housing project described in that agreement and the
Grantee's proposal;
Page 1 of 3
H: 1LEG- DIR1Shared UaMgenda1200818- 121Aflordable Housing O!Jrt Service Agreement 4A- City- CCCDC- NewHomeConst.doc
rr- vhihit R
WHEREAS, the City Council concurs with the Board's determination that it is in the best
interests of the residents of the City of Corpus Christi that affordable housing funds be
awarded. The City Council authorizes the Affordable Housing Project Agreement
between the Board and Grantee;
In consideration of the covenants, promises, and conditions stated in this Service
Agreement, the Corporation and the City agree as follows:
1. Service Agreement to Implement Affordable Housing Project Agreement. This
Service Agreement between the City and the Corporation is executed to implement the
Affordable Housing Project Agreement between the Corporation and Grantee.
2. Term. The term of this Service Agreement runs concurrently with the term of the
Affordable Housing Project Agreement.
3. Services to be Provided by City.
a. The City Manager, or the City Manager's designee, shall administer funding
on behalf of the Corporation.
b. The City Manager, or the City Manager's designee, shall perform contract
administration responsibilities outlined in the Affordable Housing Project
Agreement for the Corporation.
4. Appropriation of Funds. Any future payments by the City are subject to
appropriation of funds by City's Council.
5. Effective Date. The effective date of this Service Agreement is the latest date that
either party executes this Service Agreement.
6. Amendments or Modifications. No amendments or modifications to this Service
Agreement may be made, nor any provision waived, unless in writing signed by a
person duly authorized to sign agreements on behalf of each party.
7. Severability.
a. If for any reason, any section, paragraph, subdivision, clause, provision,
phrase or word of this Service Agreement or the application of this Service
Agreement to any person or circumstance is, to any extent, held illegal, invalid, or
unenforceable under present or future law or by a final judgment of a court of
competent jurisdiction, then the remainder of this Service Agreement, or the
application of the term or provision to persons or circumstances other than those
as to which it is held illegal, invalid, or unenforceable, will not be affected by the
law or judgment, for it is the definite intent of the parties to this Service
Agreement that every section, paragraph, subdivision, clause, provision, phrase,
or word of this Service Agreement be given full force and effect for its purpose.
Page 2of3
H:\ LEG- DIRIShared\JapAgenda \2008\8- 12Wffordable Housipge{pject Service Agreement 4A- City - CCCDC- NewHomeConst.doc
b. To the extent that any clause or provision is held illegal, invalid, or
unenforceable under present or future law effective during the term of this
Service Agreement, then the remainder of this Service Agreement is not affected
by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision,
a clause or provision, as similar in terms to the illegal, invalid, or unenforceable
clause or provision as may be possible and be legal, valid, and enforceable, will
be added to this Service Agreement automatically.
8. Captions. The captions in this Service Agreement are for convenience only and are
not a part of this Service Agreement. The captions do not in any way limit or amplify the
terms and provisions of this Service Agreement.
The City of Corpus Christi Corpus Christi Business &
Job Development Corporation
George K. Noe Eloy Salazar
City Manager Chairperson
Date: Date:
Attest
Armando Chapa
City Secretary
Approved as to Legal Form this _day of July, 2008.
R. Jay Reining
First Assistant City Attorney
for City Attorney
Page 3 of 3
H:\ LEG -DIR \Shared \Jay1Agenda \2008 \8- 12\Affordable Housing Project Service Agreement 4A- City - CCCDC - NewHomeConst.doc
—d59—
22
NO ATTACHMENT FOR THIS ITEM
-463-
23
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: August 12, 2008
AGENDA ITEM: Resolution approving a recommendation from the Human Relations Commission
that the City of Corpus Christi explore the development of a 4 year Scholarship program and
authorizing the City Manager or his designee to establish an ad hoc committee of a broad spectrum
of stakeholders, including government officials, community and industry leaders, women, minority,
and small businesses, representatives of secondary and higher education, and student bodies, to
support this process.
ISSUE: The Human Relations Commission has defined that a need for a City- initiated 4 Year
Scholarship Program needs to be addressed to enhance higher education opportunities for all local
citizens at local colleges and universities and retain that educated workforce within our community.
REQUIRED COUNCIL ACTION: Approval of this Resolution.
PREVIOUS COUNCIL ACTION: None
CONCLUSION AND RECOMMENDATION: Staff recommends approval of proposed Resolution.
Leonides G. Bazar
Director of Human Relations
—467—
RESOLUTION OF THE HUMAN RELATIONS COMMISSION
FOR THE CITY OF CORPUS CHRISTI
RE: 4 YEAR SCHOLARSHIP PROGRAM
Whereas, according to the U.S. Census Bureau, the city of Corpus Christi had a population of
231,999 in 1980, 257,453 in 1990, 277,454 in 2000, and 285,267 in 2006, demonstrating the city of
Corpus Christi's growth rate has slowed over the past 26 years, and
Whereas, according to the U.S. Census Bureau, in 2006 22.4% of Corpus Christi's residents age
25 years and over had no High School diploma or equivalent, and 80.3% of this same age group had no
Bachelors Degree, and
Whereas, according to the 2000 U.S. Census Bureau, 10.4% of Anglos, 36.8% of Hispanics,
24.2% of African Americans, 27.8% of Native Americans, and 25.1% of all women residing in Corpus
Christi do not have a High School Diploma or equivalent, and
Whereas, according to the 2000 U.S. Census Bureau, 70.4% of Anglos, 90% of Hispanics, 85.8%
of African Americans, 89.8% of Native Americans, and 81.3% of all women residing in Corpus Christi
do not have a Bachelor's Degree, and
Whereas, articles written by Rene Cantu and Dorothy Gattis and published by the Texas Labor
Market Review projects that Texas' fastest growing industries from 2000 -2010 will require a skilled
workforce and a demand for individuals to move towards higher education to meet industry demands, and
Whereas, increased economic development is dependent upon an educated workforce and
potential employers and business enterprises have expressed concern with the lack of a well - balanced
educated workforce necessary to do business in the Corpus Christi area, and
Whereas, there is a nexus between the lack of education and individual opportunity for all races
and genders, and prejudice and intolerance in all groups and their relations with one another, and
Whereas, the Human Relations Commission of the City of Corpus Christi is charged with
making recommendations to the Mayor and the City Council for the betterment of the community,
BE IT RESOLVED that the Human Relations Commission of the City of Corpus Christi
recommends that the City of Corpus Christi invest in its own future by establishing an ad hoc committee
that would include a broad spectrum of stakeholders, including government officials, community and
industry leaders, women, minority and small businesses, representatives of secondary and higher
education, and student bodies to explore the development of a 4 Year Scholarship Program sponsored by
the City of Corpus Christi. The program would be designed to enhance higher education opportunities for
all local citizens at local colleges and universities and retain that educated workforce within our
community. Key program components would include quid pro quo, funding, internships, management,
and monitoring:--
Approved this 3rd day of July, 2008.
-468-
iro Gamboa, C • irperson
Human Relations Commission
City of Corpus Christi
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-469-
4 Year Scholarship Program
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-470-
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-473--
A RESOLUTION
APPROVING A RECOMMENDATION FROM THE HUMAN RELATIONS
COMISSSION THAT THE CITY OF CORPUS CHRISTI EXPLORE THE
DEVELOPMENT OF A FOUR (4) YEAR SCHOLARSHIP PROGRAM
AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO
ESTABLISH AN AD HOC COMMITTEE OF A BROAD SPECTRUM OF
STAKEHOLDERS TO SUPPORT THIS PROCESS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. The recommendation from the Human Relations Commission that the City
of Corpus Christi explore the development . a four (4) year scholarship program is
approved.
SECTION 2. The City Manager, or designee, is authorized to establish an ad hoc
committee of a broad spectrum of stakeholders, to include government officials,
community and industry leaders, representatives of women, minority and small
businesses, representatives of secondary and higher education and representatives of
student bodies to support this process.
ATTEST:
Armando Chapa
City Secretary
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor, City of Corpus Christi
APPROVED AS TO FORM: August 4, 2008.
tttis
tteAguit
A stant ity LW'•rney
For City Attorney
-474-
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
-475-
24
NO ATTACHMENT FOR THIS ITEM
-479-
25
DATE:
TIME:
PLACE:
AGENDA
CORPUS CHRISTI INDUSTRIAL DEVELOPMENT CORPORATION
ANNUAL MEETING
Tuesday, August 12, 2008
During the meeting of the City Council beginning at 10:00 a.m.
City Council Chambers
1201 Leopard St.
Corpus Christi, TX 78401
1. President Henry Garrett calls meeting to order
2. Secretary Armando Chapa calls roll
Board of Directors
Henry Garrett, President
Larry Elizondo, Vice President
Melody Cooper
Mike Hummell
Bill Kelly
Priscilla Leal
Michael McCutchon
John Marez
Nelda Martinez
3. Approve Minutes of July 24, 2007
4. Election of Officers
President
Vice President
5. Financial Report
6. General Manager's Annual Report
7. Public Comment
8. Adjournment
-483-
Officers
George K. Noe, General Manager
Armando Chapa, Secretary
Mary Juarez, Asst. Secretary
Cindy O'Brien, Treasurer
Constance P. Sanchez, Asst. Treasurer
General Manager
Secretary
Assistant Secretary
Treasurer
Assistant Treasurer
MINUTES
CORPUS CHRISTI INDUSTRIAL DEVELOPMENT CORPORATION
JULY 24, 2007
3:02 P.M.
PRESENT
Board of Directors
Henry Garrett, President
Larry Elizondo, Vice President
Melody Cooper
Mike Hununell
Bill Kelly
Priscilla Leal
Michael McCutchon
John Marez
Nelda Martinez* (Arrived at 3:03 p.m.)
Officers
George K. Noe, General Manager
Armando Chapa, Secretary
Mary Juarez, Asst. Secretary
Cindy O'Brien, Treasurer
Constance P. Sanchez, Asst. Treasurer
President Garrett called the meeting to order in the Council Chambers of City Hall. City
Secretary Chapa verified that a quorum of the Board was present to conduct the meeting and that
notice of the meeting had been properly posted.
President Garrett called for the approval of the minutes of July 26, 2005. Mr. Marez made
a motion to approve the minutes as presented, seconded by Ms. Cooper, and passed.
President Garrett referred to Item 4, the election of officers. Mr. Kelly made a motion to
appoint Mr. Garrett as President, seconded by Ms. Cooper, and passed. Mr. Kelly made a motion
to appoint Mr. Elizondo as Vice - President, seconded by Ms. Cooper, and passed. Mr. Marez made
a motion to reappoint George K. Noe, General Manager, Armando Chapa, Secretary, Mary Juarez,
Assistant Secretary, Cindy O'Brien, Treasurer and Constance P. Sanchez, Assistant Treasurer
serving as officers, seconded by Mr. Kelly, and passed.
President Garrett called for the financial report. Treasurer Cindy O'Brien referred to pages
320 -321, the summary of transactions for the eleven months ended June 30, 2007. She stated there
was a balance of $65,176. The Council had no questions. A motion was made, seconded, and passed
to approve the financial report as presented.
President Garrett called for the General Manager's annual report. Mr. Noe stated the CCIDC
was established in 1980 to facilitate industrial bonds. The Corporation has issued more than
$65,000,000 in industrial revenue bonds for assisting in the financing of a number of projects,
including the latest project the Airborne Freight Corporation facility at the Corpus Christi
International Airport. Mr. McCutchon wanted to know where did the bonds get transferred to at the
Airport. Mr Noe responded that it went to build the Airfreight facility at the Airport to pay debt
service. The backing comes from the Corporation and we are a conduit for the issuance of bonds.
—484—
Minutes - Regular CCIDC Meeting
July 24, 2007 - Page 2
He stated the bankholders are paid directly by the Corporation and they facilitate the issuance and
fee that comes with it.
President Garrett called for public comment, and there was none.
There being no further business to come before the corporation, President Garrett adjourned the
meeting at 3:07 p.m. on July 24, 2007.
—485—
Corpus Christi Industrial Development Corporation
Balance Sheet
June 30, 2008
Assets
Current assets:
Cash $ 15,842
Investments 51,404
Receivables:
Accounts
Accrued Interest
Total assets $ 67,246
Liabilities and Fund Balance
Liabilities:
Accounts payable
Total liabilities
Fund balance:
Designated
Undesignated
Total fund balance
67,246
67,246
Total liabilities and fund balance $ 67,246
-486-
Corpus Christi Industrial Development Corporation
Summary of Transactions
For Eleven Months ended June 30, 2008
Fund balance at August 1, 2007 $ 65,176
Revenues:
Interest earned
Change in fair value of investments
Issuer's annual fee
1,779
291
Total revenues 2,070
Expenditures:
Grant
Miscellaneous
Total expenditures
Fund balance at June 30, 2008 $ 67,246
—487—
Memorandum
TO: Board Members of the Corpus Christi Industrial Development Corporation
FROM: George IC Noe, General Manager
DATE: July 30, 2008
SUBJECT: Request for Annual Meeting of the Corpus Christi Industrial Development
Corporation (CCIDC) on August 12, 2008
I am requesting that the annual meeting of the Corpus Christi Industrial Development
Corporation (CCIDC) be held during the Council meeting of August 12, 2008, to
consider the following items:
1. Election of Officers: Each year at its annual meeting, the CCIDC elects
officers. The office of President is currently held by Henry Garrett, while
the position of Vice President is held by Larry Elizondo. The remaining
positions are functionary positions in nature, which traditionally are held
by staff. I recommend a slate of City staff members for the functionary
positions as follows:
General Manager — George K. Noe, City Manager
Secretary — Armando Chapa, City Secretary
Assistant Secretary — Mary Juarez, Assistant City Secretary
Treasurer — Cindy O'Brien, Director of Finance
Assistant Treasurer — Constance P. Sanchez, Assistant Director of Finance
2. General Manager's Annual Report: The CCIDC was established in 1980
under the Texas Industrial Development Corporation Act of 1979. The
CCIDC has as its general charge the provision of assistance to and
encouragement of industrial, manufacturing, warehousing, and
commercial activities within Corpus Christi and the Corpus Christi area.
The CCIDC's principal tool has been the utilization of Industrial Revenue
Bonds which are tax exempt under federal law. These bonds are not a
liability of the City, County, or the State and are solely payable from the
loan repayment agreements on various industrial warehousing or
commercial projects. In addition, some of the bonds are backed by Letters
of Credit or corporate guarantees.
The Corporation generates income from fees that it charges for the
issuance of the bonds. Since its establishment, the Corporation has
-488-
utilized these fees for various economic development studies and projects
for the City of Corpus Christi in an amount in excess of $300,000. These
projects have included such items as joint studies of Port activities and
small capital improvement projects.
The CCIDC has issued approximately $65 million in industrial revenue
bonds during its existence which have been responsible for assisting in the
financing of a number of projects, including the following:
a. Hotel- Motel: Assisted in creation of over 1,000 hotel and
motel rooms (Holiday Inn Airport, Sandy Shores, Marriott,
Days Inn).
b. Warehousing and distribution: 35,000 sq. ft., including
Williams Distributing Co. and W.W. Grainger, Inc.
c. Industrial: 100,000 sq. ft. of manufacturing facilities for
the Die Dietrich USA, Inc., project.
The CCIDC has also played a major role in the establishment of the City's
State Enterprise Zone. The Enterprise Zone is an economic development
tool used by local communities to partner with the State to promote job
creation, job retention, and capital investment in economically distressed
areas Designated projects are eligible to apply for State sales and use tax
refunds on qualified expenditures based on capital investment and job
creation/retention. The CCIDC paid for the Enterprise Zone expansion
applications and in 1997 paid for the submission of a new Enterprise Zone
application. Since the Zone was originally created in 1969, State
approved Enterprise Zone designated projects in Corpus Christi have
generated over 4,000 jobs with total investments of approximately $2.9
billion.
The CCIDC also funded an architectural study of the old Nueces County
Courthouse by the Killis- Almond firm. The last CCIDC bond project was
the issuance of bonds for the Airborne Freight Corporation facility at
Corpus Christi International Airport in the amount of $1.1 million.
There has been no activity regarding CCIDC during the last year.
—489--
�City of
C orpus
— Christi
-492-