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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. nut es ..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. * * * * * * * * /rr