HomeMy WebLinkAboutMinutes City Council - 05/21/1985MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
MAY 21, 1985
2:00 P.M.
PRESENT:
Mayor Luther Jones
Mayor Pro Tem Dr. Jack Best
Council Members:
David Berlanga, Sr.
Leo Guerrero
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
City Manager Edward A. Martin
City Attorney J. Bruce Aycock
Asst. City Secretary Dorothy Zahn
Mayor Luther Jones called the meeting to order in the Council Chambers of
City Hall.
The invocation was given by Council Member Mary Pat Slavik, following which
the Pledge of Allegiance to the Flag of the United States was led by Mayor Pro
Tem Jack Best.
Assistant City Secretary Dorothy Zahn called the roll and verified that the
necessary quorum of the Council and the required Charter Officers were present
to conduct the meeting.
Council Member Frank Mendez stated that he had a correction to the Minutes
of the Regular Council Meeting of May 21, 1985, noting that on page 13, 3rd
paragraph, it should read that the remaining funds from the Sewer Bond Fund be
used for the lines in the northwest side rather than the westside.
Council Member Mendez then made a motion to approve the Minutes of the
Regular Council Meeting of May 21, 1985 as corrected, seconded by Council Member
Strong, and passed unanimously.
MICROFILMED
Minutes
Regular Council Meeting
May 21, 1985
Page 2
Mayor Jones announced the presentation on Operation Paint Brush.
Council Member Joe McComb provided the Council with an update on the City
program, Operation Paint Brush, by reminding the Council of the program approved
to paint on July 13th 100 homes for those who are elderly, handicapped or have
low—income. He stated that as of this date, the program has received over 273
requests of homes to be painted. He stated that since the target was to paint
100 homes, he felt that applications for houses to be painted should be
suspended until an evaluation of the requests received has been conducted. He
then introduced representatives of the financial institutions who have
volunteered to contribute to the project and asked that these contributions be
presented to Mayor Jones. Those contributing were: Mr. Sid Riley Huber of
First City Bank, $1,000; Mr. Danny Martinez, Valero Refinery, $500; Mr. Mike
Harrison, Commonwealth; Mrs. Sandy Hill and Beverly Bacca of Bank of Corpus
Christi, $4,000; and Steve Sullivan of Caller—Times, monetary donation plus use
of the Civic Page in the newspaper.
Mayor Jones informed the Council that two weeks ago, a memorial service was
held at the Police Station in memory of police officers who were killed in the
line of duty. He asked that Police Chief Bill Banner recognize two other police
officers who received awards this year and who were present in the audience.
Chief Bill Banner introduced Sgt. Richard White, U. S. Bureau, who was
recognized on May 16th by the American Society for Industrial Security; and
Officer Domingo Ybarra, also recognized on May 16th, for his professionalism by
the Downtown Kiwanis Club. He stated that Officer Ybarra is currently assigned
as a Field Training Officer and has received thirty—two commendations for his
outstanding services.
* * * * * * * *
Mayor Jones then administered the oath of office to newly appointed members
to Boards and Commissions as follows: Mr. Richard Serna, Mr. Larry Miller, Ms.
Mary Pat Quintanilla, Father Joseph Doyle, Mr. Daniel Garcia, Mr. Ray Paiz and
Mr. Patricio Alba, all of the Loan Review Committee/Corpus Christi Housing
Improvement Corporation; Mr. Stephen W. Sullivan and Mr. Berney Seal, Corpus
Christi Business Development Commission; and Mr. Ben Grande, Jr. of the Building
Standards Board.
* * * * * * * *
Mayor Jones referred to the trip made by the Council to Choke Canyon, Lake
Corpus Christi and Wesley Seale Dam that morning. He stated that a discussion
was conducted on action to be taken during the Regular Council Meeting and
called on Council Member Guerrero.
nutes
.egular Council Meeting
May 21, 1985
Page 3
A motion was made by Council Member Guerrero that the Council consider
passing a resolution urging the Texas Parks and Wildlife Commission to open the
Recreational Facilities at Choke Canyon, seconded by Council Member Mendez and
passed unanimously.
Mayor Jones announced that the resolution will be on the agenda next week.
Mayor Pro Tem Best commented
for a study of the Nueces River
records of the Lower Nueces River
for this study.
that the Council had voted to spend $50,000
Basin and asked that the Staff retain the
Water Supply District which might be useful
Mayor Jones called for consideration of the Consent Motions on the
following items:
1. Approval of specifications and authorization to receive bids June 12, 1985
for a twelve month supply agreement, with option to extend for an
additional twelve months at the same terms and conditions, subject to the
approval of the supplier and the City Manager, or his designee, for
approximately 13,480 reams (500 sheets per ream) of paper, 22,000 sheets of
cover stock, and 1,260 reams of no -carbon required paper for Stationery
Store Inventory. Estimated expenditure is $45,000.
2. Approval of specifications and authorization to receive bids June 12, 1985
for a twelve month supply agreement, with option to extend for an
additional twelve months at the same terms and conditions, subject to the
approval of the supplier and the City Manager, or his designee, for
Ready -Mix Concrete, to be used by all appropriate divisions. Estimated
annual expenditure is $27,580.
3. Approving a twelve month supply agreement, with option to extend for an
additional twelve months at the same terms and conditions, subject to the
approval of the supplier and the City Manager, or his designee, for
uniforms for Transit System bus drivers and supervisors, to Cothran's
Uniforms, based on low bid meeting specifications for an estimated total of
$9,185.85.
4. Approving the purchase of
Wastewater Services from The
the total amount of $17,132.
during excavation projects.
cave-ins.
two trench boxes, with spreader sets for
Plank Company, on the basis of low bid, for
The trench boxes are safety equipment used
They protect employees from trench embankment
5. Approving purchase of a self-propelled sand trap maintainer rake and
attachment for the Park Department based on low bid to Goldthwaites of
Texas for $6,465. Three bid invitations were issued and two bids received.
Minutes
Regular Council Meeting
May 21, 1985
Page 4
6. Approving purchase of one trenching machine with backhoe and push blade for
the tapping crew operation of the Gas Division, based on low bid meeting
specifications, to Valley Ditch Witch for $22,350. Seven bid invitations
were issued and eight bids received.
7. Approving a twelve month supply agreement, with option to extend for an
additional twelve months, at the same terms and conditions, subject to the
approval of the supplier and the City Manager, or his designee, for water
meter parts for the Water Division, based on low bid to the following
companies:
Percent of Discount
Rockwell International
Rockwell meter parts
5/8" x 3/4", 1" - 2" sealed register
15%
2" - 4" Single dial compound
Estimated annual usage: $25,000
Carlon Meter Company
Carlon Meter Parts
5/8" x 3/4", 3/4" - 2"
Estimated annual usage:
S.L.C. Meter Parts & Repair
Trident Meter Parts
5/8" x 3/4", 3/4" - 2"
Estimated annual usage:
$11,000
$15,000
Net
20%
Off Price List
15%
Total estimated annual usage: $51,000
Five bid invitations were issued, four bids were received. Prices have not
changed substantially from last contract.
8. Rejection of bids received March 13, 1985 and approval of revised specifi-
cations and authorization to receive bids June 12, 1985, for one each 5KW
and ISKW standby emergency generators for Fire Stations 1 and 14.
Equipment is included in the 1984-85 Capital Outlay Budget with an
estimated expenditure of $14,500.
9. The following actions be taken on the New City Hall Site Building
Demolition project:
a. The contractor be granted a 12 day time extension against a 32 day
time overrun, and he be charged liquidated damages for the remaining
20 days at the rate of $100 per day for a total of $2,000.
b. The project be accepted and final payment of $13,650.25 be authorized
to Sunbelt Constructing & Demolishing Corp.
The total cost of this demolition work, which included the removal of
buildings, parking lots, and foundations at the new City Hall site, is
$112,896.76.
lutes
agular Council Meeting
May 21, 1985
Page 5
Council Member Slavik referred to the attachment in regard to this item and
inquired as to why it is recommended that the contractor be allowed an
additional ten-day time extension.
City Manager Martin explained that two additional days are for the minor
change order work at the common Warehouse/Water Division wall and that the Staff
is charging him twenty days because he left the job to perform work at another
location; the rest of the time is recommended because he encountered a major
problem; the contractor was found to be working hard; and that as long as he is
working and it did not cost the City anything, the Staff saw no reason not to
recommend this.
On another matter, Council Member McComb inquired about the status on the
City Hall project.
City Manager Martin explained that the plans are not acceptable at this
time and that he is assuming that it will be early August before the plans and
specifications are approved.
10. Accepting the Lakeview Acres Sanitary Sewer Extension project and author-
izing final payment of $6,690.97 to Claude Chapman Construction Co., Inc.
This 1982 Supplemental Wastewater Capital Improvement project provided for
the extension of gravity sanitary sewer lines in a portion of the Lakeview
Acres Subdivision located at Rodd Field Road and Holly Road at a total cost
of $62,589.70.
11. Accepting the Parkdale Branch Library Concrete Walk Repair project, and
authorizing payment of $7,465.05, which represents the total cost of this
project, to Stefek Construction Company. This project provided for the
repair of settled sections of concrete walk between the pedestrian bridge
and the front entrance to the library building, and funds for this work
were included in the Library Operating Budget.
12. Plans and specifications for Artesian Park and Temple Park Improvements be
approved and bids be received on June 18, 1985. The project includes the
construction of gazebos, arbors, area lighting, walkways, irrigation
facilities, and other landscaping work in both parks. Funding will be
provided through the use of 9th and 10th Year Community Development Block
Grant funds.
13. A public hearing be scheduled on June 11, 1985, on the closure request of a
15 -foot wide alley in Block 11, Ocean View Addition. Spohn Hospital owns
all property abutting the alley and has requested the closure to facilitate
future building plans in the block occupied by the primary hospital
facilities.
Council Member Berlanga inquired if that portion of the alley or the area
adjoining the alley is not already being used as a parking lot, and Assistant
City Manager Lontos explained that the alley currently provides access to the
parking area to the east; it is a paved alley; and that the Staff has no
objections to closing the alley.
Minutes
Regular Council Meeting
May 21, 1985
Page 6
City Manager Martin pointed out to Mr. Berlanga that this item is setting
the public hearing only.
Mayor Jones called for comments from the audience on the Consent Motions,
items 1 through 13. There was no response.
A motion was made by Council Member Mendez that Consent Motions 1 through
13 be approved, seconded by Council Member Pruet and passed unanimously.
Mayor Jones called for consideration of Consent Ordinances and Ordinances
from Previous Meetings on Items 14 through 21.
Council Member Mendez referred to Ordinance No. 16 which closes the public
hearing on the Annaville Area No. 2 Street and Drainage Improvement project and
questioned the recommendation not to construct the sidewalk adjacent to the curb
as requested by Mrs. Cleveland Sammons during the public hearing. He inquired
if the City could install a wider sidewalk all the way to the curb if she is
willing to pay for it.
City Manager Martin pointed out that a grassy area between the sidewalk and
curb provides a safety zone for pedestrians.
Assistant City Manager Lontos explained that Mrs. Sammons had made the
request prior to the hearing and it was discussed with her after the hearing.
He stated that the question was whether the street should be widened. He stated
that if the street is widened, the Staff would come back with a recommendation
to place the sidewalk next to the curb, but if it remains as a residential
street, the Staff would recommend that it be away from the curb. Mr. Lontos
stated that he would convey this message to Mrs. Sammons.
Mayor Jones called for comments from the audience on the Consent
Ordinances. No one spoke.
Assistant City Secretary Zahn polled the Council for their vote and the
following ordinances were passed:
14. ORDINANCE NO. 18838:
AMENDING THE CIVIL SERVICE BOARD RULES AND REGULATIONS, ARTICLE IV, SECTION
5, WITH REFERENCE TO FAILURE OF EMPLOYEES TO REPORT TO THE CITY PHYSICIAN
WHEN REQUIRED BY A DEPARTMENT HEAD; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed by the following
vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and
Strong voting, "Aye".
lutes
Regular Council Meeting
May 21, 1985
Page 7
15. ORDINANCE NO. 18839:
CLOSING AND ABANDONING THE 50 FOOT BY 50 FOOT UTILITY EASEMENT DEDICATED
FOR A LIFT STATION SITE IN LOT 1A, BLOCK 24, WOOD RIVER UNIT 2, SUBJECT TO
THE PROVISIONS LISTED BELOW; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed by the following
vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez,-Pruet; Slavik and
Strong voting, "Aye".
16. ORDINANCE NO. 18840:
CLOSING THE HEARING ON STREET IMPROVEMENTS ON THE FOLLOWING STREETS:
Annaville Area, No. 2
a. Heizer Drive, from near Westview Drive to McKenzie Road,
b. Emmord Loop, from Heizer Drive to Heizer Drive,
c. Veda Drive, from Emmord Loop to Heizer Drive,
d. Hurst Drive, from Emmord Loop to Emmord Loop,
e. Sammons and Nida Drives, from Heizer Drive to Leopard Street,
f. Guess Drive, from Hill Top Road to Violet Road, and
g. Sunny Drive, from Violet Road to Leonard Drive.
FIXING A LIEN AND CHARGE, THE MANNER AND TIME OF PAYMENT AND COLLECTION;
AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed by the following
vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and
Strong voting, "Aye".
17. ORDINANCE NO. 18841:
AUTHORIZING THE EXECUTION OF A CONTRACT WITH OCEANSIDE ASPHALT, INC. FOR
THE IMPROVEMENTS TO ANNAVILLE AREA, PHASE II; APPROPRIATING $1,500,000;
AUTHORIZING A DRIVEWAY VARIANCE ON LOT 8—B, MEDFORD SUBDIVISION; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed by the following
vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and
Strong voting, "Aye".
18. SECOND READING:
CLOSING AND ABANDONING A PORTION OF CACTUS ROAD; PROVIDING FOR REPLATTING.
The ordinance was read for the second time and passed to its third reading
by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez,
Pruet, Slavik and Strong voting, "Aye".
Minutes
Regular Council Meeting
May 21, 1985
Page 8
19. SECOND READING:
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN
THE CITY OF CORPUS CHRISTI AND SHERROD CONSTRUCTION COMPANY, A GENERAL
PARTNERSHIP, FOR THE ANNEXATION OF APPROXIMATELY 60.340 ACRES OF LAND BEING
A PORTION OF LOTS 3 AND 4, BOTH IN SECTION 1, NUECES RIVER IRRIGATION PARK,
NUECES COUNTY, TEXAS; FINDING ALL OF SAID LAND TO LIE ENTIRELY WITHIN THE
EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, TEXAS,
ADJOINING, CONTIGUOUS, AND ADJACENT THERETO; PROVIDING FOR SEVERABILITY;
The ordinance was read for the second time and passed to its third reading
by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez,
Pruet, Slavik and Strong voting, "Aye".
20. THIRD READING - ORDINANCE NO. 18842:
AMENDING CHAPTER 35, OIL AND GAS WELLS, SECTION 35-80, INSURANCE AND BONDS,
AND SECTION 35-130(G)(1), WELLS TO BE ABANDONED, TO PROVIDE THAT OIL AND
GAS WELL OPERATORS MAY POST IRREVOCABLE LETTERS OF CREDIT IN LIEU OF
REQUIRED BONDS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION.
The ordinance was read for the third time and passed by the following vote:
Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong
voting, "Aye".
21. THIRD READING - ORDINANCE NO. 18843:
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXTEND THE CONTRACT AND LEASE
AGREEMENT WITH THE CORPUS CHRISTI COUNCIL OF GARDEN CLUBS, INC. FOR THE USE
OF THE GARDEN CLUB BUILDING SITUATED IN CORPUS CHRISTI NATURE CENTER PARK,
ADJACENT TO GREELY DRIVE, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY,
TEXAS, FOR A TERM OF FIVE YEARS, UNDER THE TERMS AND CONDITIONS AS SET
FORTH IN THE AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, MARKED
EXHIBIT "A", AND MADE A PART HEREOF.
The ordinance was read for the third time and passed by the following vote:
Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong
voting, "Aye".
Mayor Jones called for consideration of the following Motion from the
Regular Agenda:
22. An engineering services contract be authorized with the firm of Ogletree,
Byrne, Welsh & Hubner for an inspections and conditions survey at the
Shoreline Drive seawall at a cost of $36,310. The survey will include
soundings along the face of the wall to determine extent of siltation;
inspection of the outside face of steel sheet piling to determine any
structural distress, and sheet piling thickness; and a report summarizing
findings and recommendations. Funding will come from the reinvestment zone
funds.
nutes
ogular Council Meeting
May 21, 1985
Page 9
Council Member Slavik inquired if there were any other firms in Corpus
Christi that perform underwater inspection work, and City Manager Martin
informed the Council that there are only two in Corpus Christi -- the Ogletree,
Byrne, Welsh & Hubner Engineering firm and Goldston Engineering.
Council Member Slavik then inquired if the original T -head work was
performed by a local firm.
Mayor Pro Tem Best commented that Naismith Engineers did some work and
Goldston also performed on the job.
City Manager Martin explained that there might be some problems with the
breakwater and stated that this project was not placed in the bond program but
the Staff has placed it in the City's Reinvestment Zone.
Mayor Pro Tem Best inquired if this would be funded through the
Reinvestment Zone rather than the bond funds, and City Manager Martin explained
that it depends upon the extent of the damage, adding that he did not think the
inspection work would reveal any major problem.
Council Member McComb noted that the memorandum from Assistant City Manager
Lontos stated that this firm had indicated that they could perform this study
within 6 to 8 weeks and inquired if there would be any disruption on the Seawall
Overlook at the People's Street T -head.
Assistant City Manager Lontos explained that most of their inspection will
be with scuba diving equipment and that there would not be any interference at
all.
There were no comments from the audience on this item.
A motion was made by Council Member Guerrero
seconded by Mayor Pro Tem Best.
Acting City Secretary Zahn noted that although
motion, an ordinance had been prepared by the Legal
the Council at this time. After a brief discussion,
that the ordinance should be passed.
that item 22 be approved,
this item was listed as a
Department and was before
City Manager Martin agreed
Mrs. Zahn then polled the Council for their vote
passed as follows:
22. ORDINANCE NO. 18844:
on the ordinance and it
AUTHORIZING THE EXECUTION OF A CONTRACT WITH OGLETREE, BYRNE,
HUBNER ENGINEERING COMPANY PROVIDING FOR ENGINEERING SERVICE
INSPECTION AND CONDITION SURVEY OF THE SHORELINE DRIVE
APPROPRIATING $36,310; AND DECLARING AN EMERGENCY.
WELSH &
FOR THE
SEAWALL;
Minutes
Regular Council Meeting
May 21, 1985
Page 10
The Charter Rule was suspended and the ordinance passed by the following
vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and
Strong voting, "Aye".
23. Awarding a one year contract for the collection of delinquent ad valorem
property taxes.
Mayor Jones stated that the Council has been provided a recommendation by
the Staff on the foregoing item; several members of the Council have been
contacted by most of the firms that were involved; and inquired of the Council
if it would be appropriate to provide each of the firms ten minute to present
their case.
The Council concurred with this time allocation in the order listed on the
staff memorandum.
Council Member Guerrero suggested that the names of the firms be listed on
the blackboard at the conclusion of their presentation so that the Council can
take a vote on their preference.
City Manager Martin informed the Council that earlier this year, the City
Council had authorized the solicitation of proposals for the collection of
delinquent ad valorem property taxes. He informed the Council that it is
critical that the Council take action today because of the need to send out a
30—day notice by the firm selected to delinquent taxpayers. He explained that
the contract will require three separate actions: award of the contract,
approval of a resolution authorizing the imposition of a 15% penalty on all 1984
property taxes remaining delinquent as of July 1, 1985, and approval of an
amendment to the current contract with Corpus Christi Independent School
District and Del Mar Junior College to allow the hiring of outside attorneys to
collect delinquent taxes. Mr. Martin further explained that a committee
consisting of Mr. Juan Garza, Director of Finance, who handles tax collection
efforts; Mr. J. W. Gary, Attorney for Corpus Christi Independent School District
and Del Mar College; and Hal George, Assistant City Attorney had reviewed all of
the proposals and interviewed representatives of four of the firms.
Mr. Juan Garza, Director of Finance, stated that six firms had submitted
proposals; two firms were disqualified from further consideration due to lack of
experience and for failure to provide the required indemnity on the question of
whether or not the City can legally hire outside attorneys to collect delinquent
ad valorem property taxes. He explained that the remaining four proposals were
analyzed and they had agreed in writing that they would defend any suit brought
to challenge their employment and hold the City harmless for repayment of any
fees if such contract was found in violation of the City Charter. Mr. Garza
further explained that they were evaluated based on qualifications and
experience, especially with large jurisdictions; they compared their procedures
in notifying taxpayers, monitoring the status of each account, monitoring
partial payment agreements, researching addresses, filing lawsuits, title
searches, servicing bankruptcies, obtaining judgments, handling tax sales, and
'nutes
gular Council Meeting
..ay 21, 1985
Page 11
conducting property seizures. He stated that they were also particularly
concerned with their willingness to use tact and consideration in dealing with
hardship cases and to work with the City in such instances, adding that of
critical importance was the compatibility of their computer equipment and
systems with that of the City's. Mr. Garza further stated that the City needs
to have this compared by the end of the month in order to meet the 30 -day
requirement. He stated that this was discussed in their interviews and the
Staff had made the recommendation to award the bid to the company best suited
for the job. He summarized by stating that the firm of Calame, Linebarger &
Graham, in association with Nicolas, Morris & Barrow offered the best "up front"
bid and that it was the Committee's preference to award the bid to this firm.
Council Member Guerrero asked for a clarification on the best "up front"
bid, and Mr. Garza explained that this is 15% of all 1984 delinquent taxes,
penalty and interest and that for delinquent taxes in years 1983 and prior,
their fee is recovered through litigation, in which case the 15% would be borne
by the taxpayer as reasonable attorney fees. He explained further that the
other firms submitted proposals where the 15% applied across the board.
Council Member Guerrero then inquired about estimated collection results
and inquired as to how they differ from firm to firm, and Mr. Garza responded by
stating that the firm of Calame, Linebarger & Graham did state they would
collect 40% of 1983 taxes and prior and that the other firms indicated that they
would collect and rebate to the City, $200,000 of which would have to be rebated
to the taxpayers.
Council Member Strong inquired as to what other incentives were offered by
some of the firms that might offset some of the costs, and City Manager Martin
stated that if she was referring to the Janis Graham Jack proposal which offered
services for collection/assessment payments, etc., the City had not asked for
that. He stated further that the City did not solicit that service, and if the
City decided to employ a firm for other collections, it would have to be a
separate contract.
Mr. Garza commented that the school district and the college district were
not interested in those collections.
Council Member Pruet inquired if the Committee had checked references with
other cities, and Mr. Garza replied that all of the firms had received very good
references.
Council Member Pruet then inquired if at the end of the one-year period,
the City would be able to change firms, and Mr. Garza replied that the City
could do so.
City Manager Martin interjected by stating that the firm that is selected
would be the one to perform the work for the period of one year, but if the
Council was not happy with their performance, they could make a change then.
Minutes
Regular Council Meeting
May 21, 1985
Page 12
Mayor Jones then referred to page 2 of Mr. Garza
states that the committee does agree that the firm
Graham is best positioned to collect delinquent taxes
of the City, School and Junior College and asked that
"best positioned."
's memorandum in which it
of Calame, Linebarger &
for the Joint Tax Office
he elaborate on the term
Mr. Garza explained that this was based on Calame, Linebarger & Graham's
extensive experience in collecting taxes for jurisdictions in Nueces County,
having started in 1976; the firm presently collects for ten of the fifteen tax
collection offices in Nueces County; Pat Morris of Nicolas, Morris & Barrow has
extensive experience in delinquent tax collections, with Mr. Morris having
collected taxes for the cities of Taft and Falfurrias and the Brooks County ISD;
and that this firm has a local office already in operation which would be
expanded to properly service this contract.
Council Member Slavik expressed
some of the firms tend to collect the
on the more delinquent accounts and
these firms.
concern about criticism received in that
easy accounts and do not work hard enough
inquired if the Staff had any records on
Mr. Garza replied that the Staff does have statistics on the number of
lawsuits filed, etc.; Calame, Linebarger and Graham proposal indicated that they
would do a certain number of things for the City such as property seizures,
sending mail—outs, reporting, filing lawsuits, and also had the best "up front"
bid.
Council Member Mendez referred to the method of collection regarding the
filing of suits on property taxes and inquired if all of the firms had indicated
they would file lawsuits on all accounts over a certain amount, and Mr. Garza
replied that they had indicated that the lawsuits will be reviewed by the City's
attorney.
Council Member Strong suggested hearing the presentations from the firms at
this time.
City Manager Martin pointed out that this contract
Del Mar but that the Council could authorize it and that
from the City's Joint Tax Office if they desire.
may or may not include
Del Mar could withdraw
Mr. J. W. Gary, Attorney for Corpus Christi Independent School and Del Mar
College, stated that he did collect for CCISD for many years; one of the
deciding factors on the recommendation was whether they were cost effective; and
that one of the biggest problems is finding out who the property owners are and
the title search. He stated that the Committee ranked the firms in the order of
4, 11, 12 and 13, pointing out that the second firm was seven points behind.
Mayor Jones then called for presentations from the firms in the order that
they were ranked.
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..egular Council Meeting
May 21, 1985
Page 13
Mr. Dale Linebarger, representative of the Calame, Linebarger & Graham
firm, emphasized that their firm has done its very best to submit a proposal to
provide the highest degree of service to the City of Corpus Christi. He stated
that their proposal very specifically states how they propose to collect the
taxes, i.e., by the filing of lawsuits, sending out letters on a regular basis,
and through certain number of tax seizures. He referred to a question raised
in regard to their representation to ten out of fifteen taxing jurisdictions and
whether their firm had been selected through competitive bidding and informed
the Council that they had in fact been selected through a bidding process. He
stated that all of the firms, in effect, follow the same general procedure and
have ultimate results of collection procedures. He referred to the cost to the
City, stating that their firm will provide services to the City for 15% of
current year taxes and no percentage at all for costs of litigation for 1983 and
prior years' taxes.
Mr. Toufic Nicolas, associated with the Calame, Linebarger & Graham,
explained Mr. Pat Morris' experience with the firm. He referred to Mr. McComb's
question in regard to whether other jurisdictions follow the bidding process and
stated that the answer was yes. He stated that the Nueces County Commissioners'
Court received proposals from the same four firms and they had selected their
firm to do the collections for them. He assured the Council that their firm
will do a good job for the City and that if not, another firm could be
considered next year.
Ms. Janis Graham Jack, Attorney for the firm of Heard, Goggan & Blair,
stated that this firm is ranked AB which is the highest of any firm in the
country. She then introduced Mr. Oliver Heard.
Mr. Oliver Heard of Heard, Goggan & Blair, informed the Council that their
firm has more experience in representing major jurisdictions than any other
firm. He stated that they now represent the City of Dallas, County of Dallas,
and Dallas ISD; San Antonio ISD and Bexar County; the City of Fort Worth, Fort
Worth ISD and Tarrant County, adding that it requires great computer and
technical capacity to represent such large entities. He displayed charts
representing major metropolitan counties in Texas indicating they have increased
collections by over 100%. He stated that they guarantee that they will work
hard to collect old taxes; they are willing to guarantee that they will collect
$4 million dollars during the first 12 months of the contract; they also agree
to decrease their fee by $200,000 if they should fail to meet their guarantee;
and that they have offered to collect at no charge to the City monies owed on
weeds, paving and demolition liens, an amount they believe is comparable to the
amount the City would save from the recommended firm's foregoing its 15% on
pre -1983 taxes. He summarized by stating that he believed that old accounts
will not pay unless you sue the people. Mr. Heard pointed out that they do have
a thorough program to take care of hardship cases. He introduced his
associates, all of whom are experts in the collection of taxes. He urged that
the Council consider their proposal and award the contract to the firm of Heard,
Goggan & Blair.
Minutes
Regular Council Meeting
May 21, 1985
Page 14
Mr. Bill Harrison with the firm of Blair, Williams & Harrison, informed the
Council that their firm is associated with the firm of Kleberg, Dyer, Redford &
Weil, Attorneys at Law; they had just recently been awarded the contract with
the County of Cameron; and their contract to represent the Houston Independent
School District has been renewed. He stated that he believed that his firm is
the best qualified for this job and urged the Council to consider selecting a
local firm. Mr. Harrison pointed out that they are familiar with the local
court system and with City and real estate records. He stated that basically,
every firm is good but felt that their firm has developed expertise in their
work with the Houston ISD. He explained that they have instituted a
tele—collection program in an attempt to work out partial payment agreements.
Mr. Harrison further recommended that the Council not make a decision today so
that they can further consider the proposals and experience.
Mr. Harrison then introduced Mr. Morris Wilder with the firm of Kleberg,
Dyer, Redford & Weil.
Mr. Morris Wilder stated that they joined Mr. Harrison's firm and also
suggested a delay in awarding the contract but if they prefer to make a decision
today, that the Council award the contract to Blair, Williams & Harrison firm.
Mr. Harrison addressed the Council again and assured the Council that their
firm is the most cost effective to the City; their fees are in line; and that
they felt that the way to collect delinquent taxes is through partial payments.
Mayor Jones ascertained that no representative from the firm of McCreary,
Veselka, Beck & Allen was present to speak.
A motion was made by Council Member Guerrero to award the contract to
Heard, Goggan & Blair, seconded by Council Member Berlanga.
Council Member McComb inquired of Mr. Juan Garza, Director of Finance, if
there was anything presented to the Council today that was not presented to the
Committee, and Mr. Garza replied that there was not.
Council Member McComb pointed out that the firm of Kleberg, Dyer, Redford &
Weil was one of the firms that had been disqualified for lack of experience and
for failure to provide the required indemnity, and Mr. Harrison stated that that
firm is familiar with the court system.
Mayor Jones then stated that in order to support any recommendation other
than the Staff's, he would have to have information as to why the Staff's
recommendation is wrong. He pointed out that the Staff will have to work with
the firm; all of the firms are well qualified; but expressed the opinion that he
would feel more comfortable approving the Staff's recommendation.
,nutes
Regular Council Meeting
May 21, 1985
Page 15
Council Member Slavik stated that she had discussed this with other people
and they had highly recommended the firm of Calame, Linebarger & Graham. She
stated that she was rather impressed by the tele -collection system as explained
by Mr. Harrison; it is a rather difficult decision to make; but that she would
concur with the Staff's recommendation.
Mr. Juan Garza explained that the Harrison firm makes telephone calls and
established the partial payment system, but pointed out that the firm's bank
will be in Houston and not locally.
Council Member Berlanga agreed that it is a rather difficult decision to
make because all three firms have provided the Council with excellent
presentations. He stated that he based his decision on the guarantee of
collecting $4 million by the firm of Heard, Goggan and Blair and also on the
fact that the City might receive a $200,000 rebate.
Mayor Jones called for the vote on the motion to award the contract to the
firm of Heard, Goggan & Blair and it failed to pass by the following vote:
Berlanga, Guerrero and Strong voting, "Aye"; Jones, Best, McComb, Mendez, Pruet
and Slavik voting, "No".
A motion was made by Mayor Pro Tem Best that the Council approve the
recommendation of the Staff and award the bid to the firm of Calame, Linebarger
& Graham.
The motion was seconded by Council Member Mendez.
Council Member Pruet pointed out that of particular importance was the fact
that the firm must be tactful and considerate in the collection of the
delinquent taxes.
Council Member Mendez commented that the Council has received a lot of
information from a lot of different firms. He agreed that this is a difficult
decision to make, but expressed the opinion that the Council should consider the
method of collection and also the "up front" bid. He pointed out that this
contract is for one year only and could be considered again.
Mayor Jones then called for the vote on the motion to approve the Staff's
recommendation and award the bid to the firm of Calame, Linebarger & Graham and
it passed by the following vote: Jones, Best, McComb, Mendez, Pruet, Slavik and
Strong voting, "Aye"; Berlanga and Guerrero voting, "No".
Mayor Jones then expressed appreciation to the firms bidding on the
contract and stated that he hoped these firms would continue to express an
interest in future years.
Minutes
Regular Council Meeting
May 21, 1985
Page 16
Mayor Jones then called for consideration of Action by Ordinance from the
Regular Agenda.
City Manager Martin explained that Ordinances 24 provides that the taxes be
assessed for the tax year 1984 and Ordinance No. 25 is to approve the amendment
to the contract for tax collection with Corpus Christi ISD and Corpus Christi
Junior College District and both are relevant to the motion just passed.
Mayor Jones called for comments from the audience on these ordinances. No
one spoke.
Assistant City Secretary Zahn polled the Council for their vote and the
following ordinances passed:
24. ORDINANCE NO. 18845:
PROVIDING THAT TAXES ASSESSED FOR THE TAX YEAR 1984 WHICH REMAIN DELINQUENT
ON JULY 1, 1985 SHALL INCUR AN ADDITIONAL PENALTY OF FIFTEEN PERCENT (15%)
OF THE AMOUNT OF TAXES, PENALTY, AND INTEREST DUE, IN ORDER TO DEFRAY COSTS
OF COLLECTIONS PURSUANT TO SECTION 33.07, PROPERTY TAX CODE; AND DECLARING
AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed by the following
vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and
Strong voting, "Aye".
25. ORDINANCE NO. 18846:
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE CONTRACT FOR
COLLECTION OF TAXES BETWEEN THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT
AND CORPUS CHRISTI JUNIOR COLLEGE DISTRICT ORIGINALLY ENTERED ON THE 18TH
DAY OF NOVEMBER, 1959, AND RENEWED FROM TIME TO TIME SO AS TO AUTHORIZE THE
CITY OF CORPUS CHRISTI TO CONTRACT WITH AN ATTORNEY PURSUANT TO SECTION
6.30, PROPERTY TAX CODE TO ACT FOR AND ON BEHALF OF ALL TAXING
JURISDICTIONS; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed by the following
vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and
Strong voting, "Aye".
Mayor Jones called for the City Manager's Report. He reminded the Council
of the Housing Authority luncheon invitation and inquired if the date of June
4th is agreeable with the Council. The Council concurred.
City Manager Martin informed the Council of the request for the dedication
ceremony of the South Bluff Tennis Center for June 6th and the Greenwood Center
dedication on June Ilth.
lutes
pular Council Meeting
May 21, 1985
Page 17
City Manager Martin asked that the Council review the report on the
Affirmative Action Program and called attention to the implementing and
executing of the goals. He stated that this would be presented to the Council
later but he had submitted it for their review.
Mayor Jones inquired as to why the City would not create an entry position
for women and have them work their way up.
City Manager Martin stated that there is no market in Corpus Christi for
females unless the City is prepared to conduct a training center on its own. He
did state, however, that the City has not given up on the non-traditional
positions.
Council Members Guerrero and Strong departed the meeting at 4:25 p.m.
City Manager Martin reminded the Council of the Private Industry Council
Meeting which is to be scheduled during the Morning Workshop Meeting next week.
He added also that a meeting of the Corpus Christi Housing Finance Corporation
would probably be scheduled at the end of the Regular Council Meeting next week.
Mayor Jones called for Petitions from the Audience on Matters not Scheduled
on the Agenda.
Mr. Philip Rosenstein, 949 Bobalo, spoke in regard to water restrictions as
it pertains to the watering of lawns on odd/even days and asked that the Council
consider lifting these restrictions.
Mr. John Stensland, 337 Primrose, referred to the Minutes of April 7, 1983
of the Marina Board meeting at which time the Marina Board discussed the
condition of the seawall. He noted that Mr. Jim Naismith participated in the
discussion of the conditions of the seawall at that time and had pointed out
that the longer the condition exists, the more expensive the repairs would be.
Mayor Jones informed Mr. Stensland that this item had been approved earlier
in the meeting.
There being no further business to come before the Council, on motion by
Mayor Pro Tem Best, seconded by Council Member Mendez and passed unanimously,
the Regular Council Meeting was adjourned at 4:33 p.m., May 21, 1985.
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