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HomeMy WebLinkAboutAgenda Packet City Council - 05/23/2000CITY STAFF BOOK (UNBOUND) DO NOT REMOVE COUNCIL AGENDA Ciry of Corpus Christi May 23, 2000 AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD MAY 23, 2000 2:00 P.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 after the Presentations section. Please speak into the microphone located at the podium and state your name and address. Yourpresentation 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 ud. Desea dirigirse al Concilio y cree qua su ingl6s as limitado, habr3 un int6rprete ingl6s-espahol an todas las juntas del Concilio para ayuderte. 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 361880-3105) at least 48 hours in advance so that appropriate arrangements can be made. Mayor Samuel L. Neal, Jr. to call the meeting to order. B. Invocation to be given by Rev. Dr. Kenneth Parks, St. Bartholomew's Episcopal 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 Samuel L. Neal, Jr. Mayor Pro Tem Dr. Arnold Gonzales Council Members: Javier D. Colmenero Melody Cooper Henry Garrett Rex A. Kinnison Betty Jean Longoria John Longoria Mark Scott MINUTES: City Manager David R. Garcia City Attorney James R. Bray, Jr. City Secretary Armando Chapa Approval of Regular Meeting of May 16, 2000 and Bond Program Public Hearing of May 17, 2000. (Attachment # 1) Agenda Regular Council Meeting May 23, 2000 Wage 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) F. BOARDS & COMMITTEE APPOINTMENTS: (NONE) G. PRESENTATIONS: (NONE) H. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORMAT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting, therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) Si usted se dirge a la junta y cree qua su ingl6s as limitado, habrb un intbrprete ingl6s-espahol an la reuni6n de la junta para 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. 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. J. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been _furnished with background and support material on each item, and/or it has been 'scussed at a previous meeting. All items will be acted upon by one vote without oeing 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 Agenda Regular Council Meeting --May 23, 2000 age 3 discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration.) 2. Motion authorizing the City Manager or his designee to execute a construction contract with MP Contracting in the amount of $17,465 for the Health Center Sidewalk Repairs. (Attachment # 2) 3. Motion authorizing the City Manager or his designee to execute Amendment No. 2 to the architectural/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc. in the amount of $180,700 related to the Terminal Apron Construction, Terminal Reconstruction, and Lift Station Relocation projects at Corpus Christi International Airport. (Attachment # 3) 4. Motion authorizing the City Manager or his designee to execute an annual maintenance agreements with Hewlett-Packard Company in the amount of $40,297.69 for maintenance on the hardware and operating system of the Hewlett Packard - Unix Servers. (Attachment # 4) Ordinance amending Ordinance No. 023690 passed and approved on July 13, 1999, by amending Section 3 to adopt the final assessment roll and assessments to be levied against the owners of property abutting on Margie Drive, from Leopard to Martine Street for the Annaville Area Street Improvements, No. III, Phase 2 project. (Attachment # 5) 6. Ordinance governing the construction, maintenance and use of gas pipelines within the City of Corpus Christi; amending Section 55-3 of the City Code of Ordinances; providing for penalties. (Attachment # 6) .a. First Reading Ordinance - Authorizing the City Manager or his designee to execute a lease for one hundred and twenty days with Nueces County Community Action Agency (NCCAA) for seven real and personal properties identified on the attached and incorporated CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting ,May 23, 2000 age 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Exhibit A, in consideration of NCCAA operating Head Start programs for eligible citizens of Corpus Christi and maintaining the properties. (Attachment # 7) 7.b. First Reading Ordinance - Authorizing the City Manager or his designee to execute a ten year lease with an option to renew for 10 years, with Nueces County Community Action Agency for seven real and personal properties identified on the attached and incorporated Exhibit A, in consideration of NCCAA operating Head Start programs for eligible citizens of Corpus Christi and maintaining the properties. (Attachment # 7) 8.a. First Reading Ordinance - Authorizing the City Manager or his designee to execute an eleven month lease with Texas A&M Corpus Christi for the use of the area located adjacent to the northern most Hobie Cat launching ramp on North Beach and the area located on the north side of Ocean Drive right-of-way on Ward Island, in consideration of the installation and operation of two CODAR radio towers and providing for the maintenance of the premises. (Attachment # 8) 8.b. First Reading Ordinance - Authorizing the City Manager or his designee to execute a five year lease with Texas A&M Corpus Christi for the use of the area located adjacent to the northern most Hobie Cat launching ramp on North Beach and the area located on the north side of Ocean Drive right-of-way on Ward Island, in consideration of the installation and operation of two CODAR radio towers and providing for the year-round maintenance of the premises. (Attachment # 8) K. PUBLIC HEARINGS: (NONE) L. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 9.a. Motion to amend Ordinance priorto Second Reading by incorporating _ additional provisions in Article I, Article VI and Article IX of the Tourist Industrial District Agreement; placing limits on development size; establishing a reverter provision; and requiring filing of the Agreement in both Nueces and San Patricio Counties. (Attachment # 9) Agenda Regular Council Meeting - May 23, 2000 age 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 9.b. Second Reading Ordinance - Disannexing from the City, the Island (owned by Kenneth L. Berry and wife, Brenda L. Berry ["Owner"]) located off Ingleside Point and comprising a part of John G. Hatch Survey in San Patricio County and adjusting the City Boundaries, conditioned upon formation of a Tourist Industrial District and inclusion of said Island in said district and execution of Tourist Industrial District Agreement; creating a Tourist Industrial District covering said Island; authorizing the City Manager or his designee to execute a Tourist Industrial District Agreement, effective as of May 23, 2000, with "Owner" Pursuantto §42.044 Texas Local Government Code and to file the Agreement in the official records of Nueces County, Texas. (First Reading 5/16/00) (Attachment # 9) 10. Ordinance amending Ordinance No. 023702 which adopted the FY99- 00 Budget, by increasing appropriations in certain funds, adjusting the amounts of certain interfund transfers, and increasing revenue estimates. (Attachment # 10) 11. Resolution reaffirming the Financial Policies adopted by Resolution No. 023319 and providing a policy to build the General Fund Balance to an adequate levy in future years. (Attachment # 11) 12.a. Ordinance appropriating $25,000 in the 6010 Permanent Art Trust Fund and amending Ordinance No. 023702 which adopted the FY99- 00 budget by adding $25,000 to the No. 6010 Permanent Art Trust Fund; transferring $25,000 to and appropriating it in the No. 3280 Park Capital Improvement Fund for installation of artwork and amending Ordinance No. 023703 which adopted the FY99-00 Capital Budget adding $25,000 to the Park Program. (Attachment # 12) 12.b. Motion authorizing the City Manager or his designee to execute a contract with artist, Robert Perless in the amount of $200,000 for the complete development and installation of artwork titled Orion's Belt on the Shoreline Drive median south of the intersection of IH37 and Shoreline Boulevard. (Attachment # 12) 13. Motion authorizing the City Manager or his designee to issue request for proposals for audit of Central Power & Light and Southwestern Bell franchise agreements. (Attachment # 13) Agenda Regular Council Meeting ,-May 23, 2000 age 6 14.a. Motion authorizing the City Manager or his designee to execute an agreement with the Park and Recreation Department to provide $20,538 from the FY 1999 Weed and Seed Program to implement Operation Cool Off at Joe Garza Community Swimming Pool. (Attachment # 14) 14.b. Motion authorizing the City Manager or his designee to execute an agreement with the Park and Recreation Department to provide $24,257 from the FY 1999 Weed and Seed Program to implement Operation Cool Off at H.E.B. Community Swimming Pool. (Attachment # 14) 14.c. Motion authorizing the City Manager or his designee to execute an agreement with the Park and Recreation Department to provide $10,500 from the FY 1999 Weed and Seed Program to continue a Transportation Program for youth recreation. (Attachment # 14) M. 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 matters listed on the agenda, when authorized by the provisions of the Open MeetingsAct, Chapter551 of the Texas Government Code. Intheeventthe 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 officer. 15. Executive session pursuant to Texas Government Code Section 551.071 regarding Five Citizens of Corpus Christi v. City of Corpus Christi et al No. 00-275-G, 319'h District Court, Nueces County, Texas, with possible discussion and action related thereto in open session. 16. Executive session pursuant to Texas Government Code Section 551.071, regarding the following cases against the City of Corpus Christi et al in the United States District Court for the Southern District ofTexas, Corpus Christi Division: William Bussey No. C-99-171, John Betz No. C-99-133, Arnulfo Guerrero, Jr. No. C-99-143, Mark Schauer No. C-99-144, Charles Bartels No. C-99-158, William Livingston No. C-99-159, Duane Pacheco No. C-99-168, Gilbert Garcia No. C-99- 170 with possible discussion and action related thereto in open session. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting _May 23, 2000 'age 7 N. REPORTS: The following reports involve brief discussions regarding the listed topics. No action will be taken by the Council other than to give direction to staff or to place the topic on the future agenda. O. CITY MANAGER'S REPORT: * Upcoming Agendas * Reminder of Invitations, Scheduled Events * Status of Council Inquiries P. MAYOR'S UPDATE: (NONE) ..l. COUNCIL AND OTHER REPORTS Henrv Garrett *Status of City Lobbyist Rex A. Kinnison *Economic Development Proposal *Budget Issues Betty Jean Lonaoria *Park Department Budget Issues John Lonaoria *Code Enforcement Department CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting __May 23, 2000 'age 8 R. 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 2:00 p.m., Mav 19 ,2000. QrUrYlmLC C ~ ~mando Chapa ,7tC City Secretary I NOTE: The City Council Agenda can be found on the City's Home Page at www.ci.corpus-christi.tx.us after 7:00 p.m. on the Friday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet Ify Monday morning. Symbols used to highlight action item that implement council priority issues. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) City Council Priority Issues . Improvement in Delivery of Basic Services - Trash, Brush & Debris Improvement in Delivery of Basic Services - Street & Road Maintenance ~ Improvement in Delivery of Basic Services - Park Maintenance a Improvement in Delivery of Basic Services - Animal Control '?rfi1~ Jiii Improvement in Delivery of Basic Services - Quality Water Ii'''. \.< ~ Improvement in Delivery of Basic Services - Lighting d Expansion of the Bayfront Plaza Convention Center be Capital Improvements Bond Issue r+-.. Successful Implementation of Crime Control District Objectives - - M~ Community Oriented Policing $ Economic Development Plan .. Storm Water Utility/Drainage ,+, Completion of Airport Improvements ~:).~t@ Assessment of Street Needs (Planned Street Program) ~. Northside Plan , '-----' Ii Additional Golf Course It Youth Crime Initiatives e Environmental Compliance lit CDBG Funding Assessment _ Privatizing Services ~ Improvement of Citizen Response System I Creation of a "Development Center" b........\ Residential Communities Involved in Park Development -, I - '''I: ' I..,~: Bayfront Development Plan 1 MINUTES CITY OF CORPUS CHRISTI. TEXAS Regular Council Meeting May 16, 2000 2:05 p.m. PRESENT Mayor Samuel 1. Neal Jr. Mayor Pro Tern Dr. Arnold Gonzales Council Members: Javier D. Colmenero Melody Cooper Henry Garrett Rex A. Kinnison Betty Jean Longoria John Longoria Mark Scott City Staff: City Manager David R. Garcia Deputy City Manager George Noe City Attorney James R. Bray Jr. City Secretary Armando Chapa Assistant City Secretary Mary Juarez Recording Secretary Rachelle P. Ramon Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Rev. Don Tuttle, First Christian Church, following which the Pledge of Allegiance to the United States flag was led by Council Member Garrett. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the reqnired charter officers were present to conduct the meeting. Mayor Neal called for approval of the minutes of the regular Council meeting of May 9, 2000 and the bond program public hearing of May 10,2000. A motion was made and passed to approve the minutes as presented. ************* Mayor Neal referred to Item 7, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 7. Case No. 0400-01 Marshall Company: A change of zoning from an "F-R" Fann-Rural District and "R-IB" One-family Dwelling District to an "1-2" Light Industrial District on Riverside Park Annex, Block I, Lot I, and Fallins Riverside, south portion of Tract 8 and north portion of Tract 12, located on the northwest comer of Interstate Highway 37 and Rehfeld Road. City Secretary Chapa said the Planning Commission and staff recommended denial of the "1-2" District, and in lieu thereof, approval of an "AB" Professional Office District on the north 2.96 acres and a "B-1" Neighborhood Business District on the south 1.499 acres with a "SP" Special Permit for a contractor's warehouse and outside storage subject to a site plan and five (5) conditions. Council Member Betty Jean Longoria made a motion to postpone Item 7 until the Council meeting of May 30, 2000; the motion was seconded and it passed. Minutes - Regular Council Meeting May 16, 2000 Page 2 POSTPONED ~\nlefiding the Zamng OrdinancE, tll'oh BfJl'lkm:ioft 51 the I\fM3hfllI COnll'an~y, b) c:httnging the zaning lYiBfJ in re:fi:rcl'i~e; 16 ftPl'f6xiIu8,ul) 2.96 acIC3~ eoft3i3ting of Let 1, DIeck 1, Ri"crsiele: PMk ~\1me:x~ ("2.96 at:rc3") Met 8.l'praximfttd) 1.-4-99 llCIC.3 em of 38tJ:th.l'ortiafi Tlact 8 ana north l'ertien Tuu:t 12, PadUa;, Ilivcfsick, ("'1.199 ftereJ") b) changing "2.96 acre;}" flom "P R" [arm Rl:J:fal Di3triet t6 "/ill" Prefc33iemai Office: Di3tf'ict and. b) chtmging "1..499" aeOC3 ftOI1J. "R In" One [amil) D~ydling Di3triet to "D 1" ~Je:ighbom6ed Dwme3.! Di3Uiet n'ith a Sl'eeia-l Permit fur a eoltt:rB:ctey'3 nftfehotlJc antletfl:3iek "torage 3tlbjGet to a Jite. plan ttnti 3ix (6) eonaiti6Il3, M.Leneling the eerml'rdu:.li3i.e plan t6 aceetl1..t fur fl11j de y iatiem fraM the exiJting eel'llprehen3i v e plan. * * * * * * * * * * * * * Mayor Neal referred to the board and committee appointments on the day's agenda, and the following appointments were made: Coastal Bend Health Facilities Development COl:poration Jack Solka (Reappointed) Erika Escobedo (Reappointed) Judy Telge (Reappointed) Dr. Richard Davis (Reappointed) Annie J. Castro (Reappointed) Dr. Lawrence Wilk (Reappointed) Dan Winship (Reappointed) Building Code Board of Appeals Gerardo Garcia (Reappointed) Bill Braselton (Reappointed) Convention & Visitors Bureau Bill Morgan Electrical Advisory Board Charles E. Sebbert * * * * * * * * * * * * * Mayor Neal called for petitions from the audience. Mr. Mike Baker, 4641 Gayle Circle, said he hopes that planned budget cuts do not affect the operation of Heritage Park's Sidbury House, the only fully restored and period-furnished house in the park. Mr. Jack Gordy, 310 Norton, said there are still several political signs in place along state roads even though the county election is over. He also said that various issues, such as the landfill and the financial audit, will negatively affect the upcoming city bond election. Mr. J.E. O'Brien, 4130 Pompano, said it is encouraging that an audit of franchise fees is being planned. He also referred to issues cited in the outside auditor's letter about the city's finances, such as bank reconciliations and engineering services. Ms. Linda Routh, 7021 Laramie, a member of the Convention and Visitors Bureau Board, 2 \1inutes - Regular Council Meeting May 16,2000 Page 3 complimented the Council for their efforts, particularly regarding tourism. She said the board is committed to the passage of the upcoming bond issue. Mr. Brad Lomax, 309 N. Water, also a member of the Convention and Visitors Bureau Board, said he appreciates the Council's economic development and tourism efforts. He said he supports the bond issue and the development of Packery Channel. Mr. Leon Perez, 904 Buford, discussed the issue of student drop-outs. Mr. Isaac Valencia, President of the Corpus Christi Police Officers Association, suggested that the Council consider utilizing the 20-year option for the pension system via a city ordinance, which he explained. * * * * * * * * * * * * * Mayor Neal called for consideration of the consent agenda (Items 3-6). An audience member requested that Item 3 be withheld for discussion. Assistant City Secretary Juarez polled the Council for their votes and the following were passed: .- 4.a. ORDINANCE NO. 024037 Ordinance appropriating $29,618.75 from the Reserve for Capital Outlay in the No. 5110 Maintenance Service Fund to purchase equipment; amending the FY 99-00 Budget, adopted by Ordinance No. 023702, to increase appropriations by $29,618.75 in the No. 5110 Maintenance Service Fund. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, 1. Longoria, and Scott voting "Aye." 4.b. M2000-148 Motion approving the purchase of one polyethylene pipe machine from SECOR, Houston, Texas for the total amount of$29,618.75, based on sole source. Funds are available in the Reserve Capital Outlay Budget for FY 98-99. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 5.a. M2000-149 Motion authorizing the City Manager or his designee to accept a renewal grant and execute a contract with the Coastal Bend Council of Governments-Area Agency on Aging for the Elderly Nutrition Program. 3 Minutes - Regular Council Meeting May 16. 2000 Page 4 The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 5.b. ORDINANCE NO. 024038 Ordinance appropriating a $543,640 grant from the Coastal Bend Council of Govemments- Area Agency on Aging in the No.1 050 Federal/State Grants Fund for the Elderly Nutrition Program. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 5.c. M2000-150 Motion authorizing the City Manager or his designee to accept a renewal grant and execute a contract with the Texas Department of Human Services for the Title XX Meals on Wheels program. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, 1. Longoria, and Scott voting "Aye." 5.d. ORDINANCE NO. 024039 Ordinance appropriating a $161,163 grant from the Texas Department of Human Services in the No.1 050 Federal/State Grants Fund for the Title XX Meals on Wheels program. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 6. ORDINANCE NO. 024040 Amending the Code of Ordinances, Chapter 53 - Traffic, Section 53-250 - Schedule 1, One- way Streets and Alleys, Section (a-I) School Areas, by establishing a one-way traffic pattern on: Ft. Worth Street, in the direction ofPeennan Place to Driftwood Place, during the school hours of Wilson Elementary School; Bemandino Street, in the direction of Delgado Street to Gollihar Road, during the school hours of Prescott Elementary School; Kasper Drive, in the direction of Lincoln Street to McArdle Road, during the school hours of Central Park Elementary School; and providing for penalties. The foregoing ordinance passed on second reading by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, 1. Longoria, and Scott voting "Aye." 4 Minutes - Regular Council Meeting May 16, 2000 Page 5 * * * * * * * * * * * * * Mayor Neal opened discussion on Item 3, supply agreements for tires. Mr. Leon Perez asked about Hispanic-owned tire businesses. City Manager Garcia said staff can provide information about the companies which received bid invitations (there were 12 total, although only three responded). He noted that the city is precluded from awarding contracts on the basis of ethnicity. Assistant City Secretary Juarez polled the Council for their votes as follows: 3. M2000-147 Motion approving supply agreements for vehicle and equipment tires and tubes in accordance with Bid Invitation No. BI-0070-00, with the following companies for the following amounts. A wards are based on low bid or only bid. for multiple progressive awards, for a total estimated annual expenditure of $576,293.73. Funds have been budgeted by Maintenance Services and Fire Department for FY99-00. A to Z Tire and Battery Camus Christi Texas Items: See 1) 1.1-1.5, AI-AJ 1.7-1.9,1.11. A4; Sec 2) 2.1-2.3 Sec 3) 3.1; Sec 4) 4.3, 4.6, 4.8 4.10-4.17, A5-A6. A-8; Sec 5) 5.1. 5.2; Sec 6) 6.1-6.3; Sec 7) 7.1-7.2; Sec 8) 8.1-8.6; Sec 9) 9.2-9.3; Sec 10) 10.1-10.4, A7 Creager Tire and Battery Camus Christi Texa'i Items: Sec 1)1.6. 1.10, 1.12; Sec 4) 4.1-4.2. 4.4; Sec.9) 9.1; Sec II) 11.1-11.2 Treadco Camus Christi Texao; Items: See 4) 4.9 $414,795.92 $34.997.81 $126.500 Grand Total: $576,293.73 The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." ************* Mayor Neal referred to Item 8, and a motion was made, seconded and passed to open the public hearing on a request received from Mr. Kenneth 1. Berry and Mrs. Brenda 1. Berry to disannex a small island off Ingleside Point and to place the land within a tourist industrial district. Mr. Tom Utter, Assistant City Manager for Development Services, referred to a map indicating the location of Berry's Island. He noted that a portion of the island was connected to the mainland but it was separated when the La Quinta ship channel was dug. The original portion of the island remains in San Patricio County but there has been accretion on two sides of the island, which is located in Nueces County. In addition, although the island is entirely within the city limits of Corpus Christi (since the city limits run along the shoreline), it receives no services from the city. Mr. Utter said a tourist industrial district is different from the other industrial district 5 Minutes - Regular Council Meeting May 16, 2000 Page 6 agreements the city has with several businesses. He said the proposed agreement with the Berrys maintains that the only activities on the island will be tourist -related up to bed and breakfast usage. He said an existing gas-gathering facility on the island will be allowed to stay. In addition, a Corps of Engineers permit has been issued for the island for bulkheading and dockage facilities. Mr. Utter said any violation of the permitted use would subject the property to immediate annexation by the city. He added that the Berrys have agreed to pay to the city an amount equal to 100% of the taxes they would have paid for the island. Responding to Council Member Gonzales, City Attorney Bray briefly described the statute which established tourist industrial districts. Mr. Utter said the proposed agreement with the Berrys would not allow for the development of an amusement park or hotel but it would allow for residential units. In reply to another question from Dr. Gonzales, City Manager Garcia stated that staffhas looked at this issue for some time and initially decided not to bring it forward because there were concerns about enforcement of an industrial district provision and the impact of any development of the island on Ingleside on the Bay. He said the Council subsequently requested that the issue be brought before them. Dr. Gonzales said the Council had directed staff to look into the issue and he expressed concern about the process that was followed and about the proposal itself. Mr. Utter went on to say that there are a number of city services that Mr. Berry has requested: water, wastewater, police, fire, and garbage. He said the city does not currently provide those services to that island or other islands in the area and it does not intend to do so. Mr. Garcia added that providing those services (as well as electrical service from CPL) would be very expensive. Responding to questions from Council Member Kinnison, Mr. Bray discussed enforceability provisions and Mr. Utter said other areas of the city have been de-annexed before. In reply to Council Member Colmenero, Mr. Utter stated that the island consists of 231.793 acres, some of which is due to accretion. Council Members Garrett and Scott asked about provisions of the proposal. Mr. Utter reiterated that the city would receive 100% payment in lieu of taxes and he noted that the property is currently zoned "R-IB" single-family residential, which is not the proper zoning for an amusement park. He and Mr. Garcia also responded to several questions from Mr. Scott. Council Member Betty Jean Longoria questioned the definition of a bed and breakfast, and Mr. Utter said that usage was not defmed in the proposed agreement. Mrs. Longoria also asked what qualifies this item to be passed as an emergency. Mr. Bray replied that one of the reasons is for the efficient and effective administration of city business, which happens frequently with city zoning ordinances and other ordinances. Mr. Utter said there is no problem with the Council considering this item on two readings. Replying to Mr. Kinnison, Mr. Utter said that currently Mr. Berry can only have single-family residential structures on the island (unless the Council grants a rezoning). If he went forward with development, the city would have to enforce platting requirements, which would indicate how Mr. Berry plans to provide water, sewer and access. In addition, he would have to meet all of the city's 6 Minutes - Regular Council Meeting May 16, 2000 Page 7 - building codes, which he would not have to comply with under the tourist industrial district. Council Member Cooper asked ifMr. Berry had indicated to staff what he plans to do with that property. Mr. Utter replied that Mr. Berry said he wanted the island to be de-annexed because he did not feel he would be able to avail himself of city services, although he would be willing to make payments to the city in lieu of taxes. Dr. Gonzales commented on the issue of extra-territorial jurisdiction. Mayor Neal called for comments from the audience. Mr. John Bell, an attorney representing Mr. and Mrs. Berry, said that island is not like any other piece of property in the city limits. He said they are not talking about extending water or wastewater services. However, Mr. Berry has had a number of thefts over the last year and he has been told by the 911 dispatcher that a police unit will not be dispatched to that property. Mr. Bell said this proposal will eliminate confusion regarding the appraisal figures between Nueces County and San Patricio County since Mr. Berry will be required to render a statement of the valuation of the entire property to Corpus Christi's collection section each year. Mr. Bell said the proposed agreement restricts the use of the property, thereby not allowing any industry, hotels, or amusement parks to be developed on the island. The only tourist activity allowed would be a bed and breakfast and that size can be restricted if necessary. Mr. Bell also discussed enforcement provisions in the proposal. He said Mr. Berry will use the island for recreational purposes, and he commented that Mr. Berry has been targeted in the community. He added that they are not opposed to having the issue considered on two readings and their objective is to address every reasonable concern about the property. Mr. Bell then responded to Council members' questions and comments. Mr. J.E. O'Brien said he was not speaking in favor or against the proposal. He said he objects to the item being passed on an emergency reading. He questioned when the city annexed the property, and he said that on May 5, 2000 the residential structure was placed on the tax rolls for the first time. He said there are several questions that have yet to be answered. Mr. Utter said that according to the Nueces County Appraisal District, the 1999 taxes to Corpus Christi for the property were $704.18. Mr. R.F. Hasker said the city should not be responsible for picking up garbage on Mr. Berry's island. He said he fishes in that area and he questioned the map shown by staff. Ms. Carol Rinuet, 145 Live Oak, said residents of both Ingleside on the Bay and Corpus Christi still have concerns about the property. She said she thought Mr. Berry acquired the island in 1997, at which time he knew that parts of the island if not all of it were in the city limits and could not be provided with services. She asked the City Manager if Mr. Berry had mentioned a proposed residence or tourism in his earlier discussions with city staff. Mr. Garcia replied that he is aware of previous proposals Mr. Berry has made for other types of development of his island, although he has discussed the residence there. Ms. Rinuet asked if staff has requested a ruling from the Texas Attorney General regarding the legality of the proposed agreement. 7 Minutes - Regular Council Meeting May 16, 2000 Page 8 Mr. William Walton, 333 Dolphin, said the area around the island is environmentally sensitive and is integral to the atmosphere and lifestyle of the residents oflngleside on the Bay. He said it is not unreasonable for people to be skeptical about Mr. Berry's development plans for the island, considering his original application with the Corps of Engineers. He said Corpus Christi should be more sensitive to its neighbors. Ms. Cynthia Pearl, 312 Bayshore Dr., questioned why a tourist industrial district designation would be needed if Mr. Berry merely wished to have a bed and breakfast, although Mr. Berry has not said that that is his intention. She questioned what the consequences would be if Mr. Berry breached the agreement. Mr. Bray replied that if that occurred, the city could get an injunction against Mr. Berry to stop him from violating the agreement; he would also have to pay attorney's fees if he lost the breach of contract suit. She said the residents of Ingleside on the Bay are not targeting Mr. Berry but are concerned about possible types of development on the island. Mr. Jimmie Till said he agreed with Dr. Gonzales' previous comments. He said he has property that has been annexed by the city for several years and they do not receive all the city services, nor has he corne to the Council asking that his property be de-annexed. Dr. Gonzales made a motion to close the public hearing, seconded by Mr. Kinnison, and passed. Responding to a question from Mayor Neal, City Secretary Chapa said the Mayor, the City Manager or the Council promulgate agenda items and they could indicate that they wished to have a particular item considered on two readings. Mayor Neal said he wished to have Item 8 considered on two readings if it passes on first reading. Mr. Chapa polled the Council for their votes as follows: 8. FIRST READING ORDINANCE Ordinance disannexing from the City, the Island (owned by Kenneth L. Berry and wife, Brenda L. Berry ["Owner"]) located off Ingleside Point and comprising a part of John G. Hatch Survey in San Patricio County and adjusting the City Boundaries, conditioned upon formation of a Tourist Industrial District and inclusion of said Island in said district and execution of Tourist Industrial District Agreement; creating a Tourist Industrial District covering said Island; authorizing the City Manager or his designee to execute a Tourist Industrial District Agreement, effective as of May 16, 2000, with "Owner" Pursuant to 942.044 Texas Local Government Code and to file the Agreement in the official records of Nueces County, Texas. The foregoing ordinance passed on first reading by the following vote: Neal, Cooper, Kinnison, J. Longoria, and Scott voting "Aye"; Colmenero, Garrett, Gonzales, and B. Longoria voting "No." Mayor Neal called for a brief recess. * * * * * * * * * * * * * 8 Minutes - Regular Council Meeting May 16, 2000 Page 9 Mayor Neal referred to the presentations on the day's agenda. City Manager Garcia said the first presentation dealt with the city's emergency preparedness plan. Mr. Juan Ortiz, Assistant Emergency Management Coordinator, noted that hurricane season begins June 1st and ends November 30th. Mr. Ortiz then gave a computer presentation about steps that are being taken to educate the public about hurricane preparedness. He said the city is establishing partnerships with local television stations as well as the National Weather Service, American Red Cross, and the Salvation Army. Other parrnering entities are the Chamber of Commerce, Southwestern Bell, Central Power and Light, and AT&T Cable. Mr. Ortiz said the "Hurricane Polly" exercise was conducted in April 2000 and they have developed a new evacuation route map. Several other avenues of communication are also being utilized, such as a Web site, telephone directory, libraries, city facilities, city newsletter in utility bills, and a local cable show. - The next portion of the presentation was introduced by Mr. Torn Millwee, State Emergency Management Coordinator from the Governor's Division of Emergency Management. He said two members of his staff were present, Mr. Bob Gibson and Mr. Mike Peacock, as well as two members from Texas A&M University. Mr. Peacock discussed several issues, including risk area definitions; a behavioral study that was conducted; clearance times; evacuation route capacities; uncertainty factors; forecast error factors; probability statements; estimated safe time remaining for evacuation decisions; and IH-37 lane reversal impact. Mr. Peacock then responded to Council members' questions regarding his presentation. Mr. Gary Ford presented the results and recommendations of the IH-37 reverse flow traffic operations study, prepared by the Texas Department of Transportation and the Texas Transportation Institute. He said the study's main objective was to determine the location to terminate the IH-37 reverse flow lanes. Issues that needed to be considered were bottlenecks and queuing, the volume of traffic processed, driver expectancy, and management. Following his computer presentation, Mr. Ford said the study recommended terminating the reverse flow lanes at State Highway 97 and FM 3006 because that alternative offered the best overall operations, was one of the easiest alternatives to implement, and it had several options for upstream diversion and contingency plans. Mr. Ford and Capt. John Galvan, as well as other representatives, also responded to several questions from the Council and they discussed the concept of a 24-hour evacuation notice. The last portion of the presentation was regarding the refuge oflast resort program. Ms. Barb Suclhoff, Director of Municipal Courts, said that following Hurricane Bret last year, many citizens expressed concern about the lack of shelters in Corpus Christi. As a result, the Council directed city staff to develop a plan for providing shelters in the event of a hurricane. She said evacuation is still the primary emphasis but the "refuges of last resort" have also been developed. Ms. Sudhoff said the program has two tasks: to staff and manage shelters for city essential employees and their families; and to staff and manage shelters for the public. She said the city has parrnered with the following entities: CCISD, Del Mar College, Regional Transportation Authority, American Red Cross, and the Salvation Army. She described various elements associated with those 9 Minutes - Regular Council Meeting May 16, 2000 Page 10 partnerships, including identifYing shelter sites; providing food services; staffing; training; and assisting with evacuation. She said 400 city employees have been designated as essential employees, who will be responsible for staffing the refuges of last resort. She said they are using the American Red Cross model for the shelters, which includes registration, security, recreation, logistics, and communications. Ms. Sudhoff then described the sequence of events, which includes activation of the Emergency Operations Center, evacuation, mobilizing the shelter teams, and opening the shelters; CCISD's work would involve closing the schools, securing the sites, directing essential staff to the schools, alld coordinating with the city to open the shelters. Other considerations are liability issues, public disclaimers, reimbursement for costs, public safety issues, a special needs shelter, and public information. Pending issues include identifYing a funding source, finalizing start-up costs, determining when to release site information, preparing memos of understanding, assessing the sites, and training. Mr. Garcia and Ms. Sudhoff discussed aspects of the shelter program with the Council. He said that if the shelter program is activated, it will cost approximately $1 million, of which about 75% would be reimbursed by FEMA. However, $200,000 to $300,000 will have to be budgeted this year for start-up costs for the program, including for equipment, commodities, and training. * * * * * * * * * * * * * The second presentation was a long-range planning summary report by the Airport Board. Ms. Bonnie Allin, Aviation Director, introduced Mr. Chuck Cazalas, who described the results of a series of work sessions which they held. He said the board's efforts resulted in bringing the airport's mission statement and vision statement more closely in line. He said the board identified critical issues and set goals and strategies to be achieved in the next five years. Mr. Cazalas said the vision statement includes the following elements: a strong, proactive marketing program maintaining positive public awareness for the airport; a comfortable, efficient, convenient and aesthetically pleasing terminal; non-stop commercial jet service to domestic and international locations; increasing numbers of passengers; on-site development, as well as development ofland areas adjacent to the airport; cargo facilities; strong demand for general aviation and military-related facilities and services; and partnerships with other community entities. He said the Airport Board's plans will require a community-wide effort. Mr. Cazalas said that about $25 million in infrastructure improvements have been made over the last several years, and $50 million is designated for construction of the traffic control tower, tenninal and landscaping. He noted that all of that work is being done with airport-generated revenue and no local tax dollars. Responding to the Council, Ms. Allin said temporary signage will be erected when the airport moves into the temporary terminal facilities in July and August; there will also be brochures and other forms of public information. Mr. Cazalas said the board also discussed the need to improve 10 Minutes - Regular Council Meeting May 16. 2000 Page I I the area outside the airport toward the city. Ms. Allin added that one of the long-term goals in the master plan, once the terminal facilities are completed, is to extend the primary runway 2,500 feet. She said the new terminal will include an area in the baggage claim area for the Convention and Visitors Bureau. She also discussed the issue of improved airline service to the city. * * * * * * * * * * * * * The third presentation was an update on the Solid Waste Services automated collection pilot program. Mr. Ron Massey, Assistant City Manager for Public Works and Utilities, introduced Mr. Lawrence Mikolajczyk, Acting Solid Waste Director, who gave a computer presentation on the program. He said the goals were to promote a clean city philosophy and to increase the efficiency of the curbside refuse collection service. Mr. Mikolajczyk said they evaluated the following elements of the pilot program: implementation costs and timeline (including a three-year phase-in period); staffmg requirements; assembly, delivery and capacity of containers; capacity and reliability of trucks; and identifying areas where automation may be effectively implemented. He said the program, which began on March 6th and ends May 31st, was initially funded with $80,000 and to date $32,000 has been spent. The pilot areas were located in Calallen, midtown, King's Crossing, and Padre Island. Mr. Mikolajczyk discussed communication techniques to inform citizens in the pilot areas, as well as the results of a customer satisfaction survey. Mr. Mikolajczyk said the Council may elect to discontinue the containerized system in the pilot areas, at which time the city would be required to pick up, wash, disassemble and ship the containers (including paying the freight), which could be done within the pilot program's budget. He said the department recommends continuing the program in the pilot areas, which would result in the need to purchase an additional backup "tipper" to put on another truck so as not to fall behind in the pickup process. The interim process would require the continued use of two crews; in addition, the frequency of garbage collection would remain the same. Mr. Garcia said staff would like to begin to establish the capacity to conduct the automated program on a continuing basis and then come back to the Council with a plan on how to expand it. He said as they evaluate the program they will be able to determine the unit costs. Mr. Massey and Mr. Mikolajczyk responded to Council members' questions. Mr. Garcia pointed out that the automated program provides a higher quality of service and it can change the quality of life in the city's neighborhoods. He said it also increases the flexibility of the city's Solid Waste Services programs. He reiterated that staff needs to evaluate the cost figures first and develop a plan. Mayor Neal called for a brief recess. * * * * * * * * * * * * * The fourth presentation was regarding the outside auditor's and fmancial advisors' opinions on recommended FY 99-00 budget revisions. Deputy City Manager Noe gave a computer 11 Minutes - Regular Council Meeting May 16, 2000 Page 12 presentation on the recommended revisions. He explained that in January 2000 a five-year financial forecast was prepared and presented, and the following month a selective hiring freeze to build the fund balance was implemented. In March and April staff went through the process of reevaluating the current fiscal year and immediately implemented a severe hiring freeze and identified strategies for addressing the projected shortfall. Then on May 2nd during the Council's retreat, the Council spent a half-day reviewing in detail the last two fiscal years' financial performance. Mr. Noe said that for the current fiscal year, revenues are estimated to be $761,053 lower than budgeted and expenditures are estimated to be $1,197,175 higher than budgeted, for a total shortfall of $1 ,958,228. He noted that staff is estimating the fund balance for the current fiscal year to be $1,070,998. Mr. Noe said variances occurred in the major revenue areas: ad valorem taxes, sales taxes, electrical franchise fees, landfill disposal fees, and Municipal Court fmes. Revenues were received from the administrative cost recovery fee and the FEMA reimbursement. With regard to expenditures. Mr. Noe said the principle factor for the over expenditure was the retirement "drag-up" cost which was not budgeted and not included in staff's estimates: firefighters - $2,208,949; police - $546,818; and other - $321,400, for a total of$3,077,167. He said cost-saving actions that have been implemented have resulted in about $1.8 million in cost reductions. Mr. Noe said that certain mid-year actions will need to be taken to address the current fiscal year shortfall and the low projected fund balance, and permanent adjustments to the revenues and expenditures will be required for the next fiscal year. Mr. Nee discussed the following mid-year alternatives: do nothing; implement staff revenue and expenditure recommendations; consider issuing certificates of obligation to finance the drag-up costs; or identify new revenue items or expenditure reductions for implementation. Regarding the second option, he said staff was recommending two revenue adjustments: implementation of a revised street recovery fee (assessed to utilities) - $667,400; and an increase in the fire hydrant maintenance rate - $53,430, for a total of $720,830. On the expenditure side, staff was recommending the following adjustments: General Fund contribution for economic development should be shared equally with the utilities - $281,250; utilize existing funds available in the Self-Insurance Fund for repayment ofIoan obligations, and reduce the budgeted General Fund transfers - $475,330; and eliminate the summer middle school recreational program - $27,856, for a total expenditure impact of $784,436. The resulting total fund balance impact from those revenue and expenditure adjustments would be $1,505,266. Mr. Jolm Shepherd, of Collier, Johnson & Woods (outside auditors), said if the total General Fund balance is about $1 million, the financial statements will show an unreserved fund balance of a deficit of about $950,000 because there are reservations for certain things such as encumbrances. Mr. Shepherd also referred to administrative cost recovery fees, included in the final "Full Cost Recovery Plan" prepared by KPMG, which resulted in an adjustment of $1,055,625. Mr. Shepherd said he compared the two previous fiscal years and he concluded that some of the allocation methods were changed. He said he has questions about those changes and KPMG has been 12 Minutes - Regular Council Meeting May 16,2000 Page 13 asked to explain why they feel the changes are reasonable. Mr. Noe said staff is expecting to receive KPMG's response this week. Council Member Kinnison referred to a letter dated August 30, 1999 from KPMG regarding the "Full Cost Recovery Plan." He questioned why staff did not inform the Council at that time about the $1.055 million adjustment. Mr. Noe replied that when staffbriefed the Council in January 2000, they specifically mentioned the change in the allocation and included it in the five-year projection. Mr. Shepherd said he did not have any accounting problems with staff's other recommendations, such as the revised street recovery fee, but he feels that those issues relate to the City Charter and therefore are legal issues. He said he is aware that the City Attorney issued a written opinion about the street recovery fee, and he feels the Council should have a high comfort level with that legal position. A brief discussion ensued about that issue. Mr. Shepherd also discussed the issue of possibly reducing the debt service coverage from 63% to 50%. He said that is a cash flow issue, explaining that the Debt Service Fund needs to maintain a certain level so that when the debt payments come due, there is enough money to pay them. He said he thought the 50% level may be very close to the minimum amount. He noted that as of July 31, 1999 the Debt Service Fund had a balance of about $12 million, $3 million of which has been designated for the new landfill and the closure of the old landfill. He said if the reserve is dropped down, the city effectively would be eliminating that designated amount. Mr. Noe said staff was not asking the Council to consider the issue of the debt service coverage at that time, although staff is preparing next year's budget with the assumption of a 50% debt coverage. Mr. Shepherd also briefly discussed the Self-Insurance Fund. Mr. Jim Seal, ofM.E. Allison (bond counsel), said they agree with the staff that amendments need to be made to this year's budget. He said bond ratings are not just based on fmancial information--they are also based on economic information, overlapping debt, assessed valuation growth and other factors. He said even if the General Fund ends up with a positive balance this year, it will still fall short of the financial plan the city previously adopted. He said that will be considered as a negative factor by the bond rating agencies. Mr. Seal said whether the city will be put on a credit watch or have its rating downgraded is unknown at this time without further discussion with the rating agencies. He said bond counsel also has concerns about lowering the General Obligation Debt Service Fund to a level that may be too low. He said rather than focusing on the percentage of debt coverage, they should be looking at the amount of the reserve that needs to be maintained. Mr. Mark Seal, also of M.E. Allison, further discussed the fmancial plan that had been developed a few years ago based on input from the rating agencies. He said that no matter what happens this year, there is going to be some kind of negative impact on the city's credit rating. Mr. Seal said they have spoken with the rating agencies about this in general, but they cannot specify exactly what will occur until they meet with city staff. He added that he believes they will have to take another plan to the agencies to show how the city intends to get back on track financially. Mayor Neal then referred to Item 9 on the agenda concerning the budget adjustments. He 13 Minutes - Regular Council Meeting May 16,2000 Page 14 called for comments from the audience and there were none. Responding to Council Member Scott, Mr. Tony Cisneros, Director of Park and Recreation, explained that staff was recommending eliminating three middle schools as sites for summer recreation programs; however, the programs themselves are still being provided at the city's recreation centers. Mr. Shepherd responded to a question Mayor Neal had regarding the adjustments contained in the "Full Cost Recovery Plan." Mr. Kinnison said that since there could be a substantial change to those adjustments (the $1.055 million figure), he suggested that the Council table Item 9 until KPMG responds to Mr. Shepherd's questions. Mr. Garcia said the city paid a substantial amount of money to have a professional analysis done specifically to correct many of the problems the city had been having in how the funds are charged. He said the bottom line is that one group of accountants is disagreeing with another group of accountants on this issue and staff feels comfortable with KPMG's report. Mr. Kinnison then made a motion to table Item 9 until a response is received from KPMG; seconded by Dr. Gonzales. Mr. Garcia pointed out that the City Charter requires that the City Manager make the first budget presentation to the Council at least 60 days prior to the beginning of the fiscal year. He said the direction the Council was giving staff that day was that the current budget was unchanged and they will have an approximate $1 million ending balance, from which staff should begin to budget accordingly. Mr. Kinnison said that last year staff brought the Council a budget that ended up being $5 million to $6 million off. A discussion ensued about whether or not Item 9 should be postponed. City Secretary Chapa polled the Council for their votes on the motion to postpone, and it passed by the following vote: Neal, Colmenero, Gonzales, Kinnison, B. Longoria and J. Longoria voting "Aye"; Garrett and Scott voting "No"; Cooper absent. 9. POSTPONED Ordinanc:e:; M.le:hdil'1g Orainanee: :No. 02:702 nhi~h Meptea the; FY99 00 Dtiage;t, by ifie:re;a:3ing appropriatiell3 in "min ft.m.a3~ adj l:l3ting the ftll16t1nt3 of eertain. interfttntl tranJfcr3, and ine::rGaJing re y (:111:1{; e:3tilnate3. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 10, right-of-way mowing. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 10. M2000-151 Motion approving a supply agreement with Winter Maintenance & Landscaping Inc., Cotpus Christi, Texas for improved right-of-way mowing in accordance with Bid Invitation No. BI- 14 Minutes - Regular Council Meeting May 16,2000 Page 15 0087-00, based on low bid and only bid, for an estimated annual expenditure of$154,845. The term of the contract will be for twelve months with an 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. Funds have been budgeted by the Stormwater Department in FY 99-00 and requested for FY 00-0 I. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent. ************* Mayor Neal announced that the executive session (Item II) regarding William Goodson v. City of Corpus Christi et al, No. C-97-269, United States District Court, Southern District of Texas, Corpus Christi Division, was withdrawn. The Mayor then called for the City Manager's report. Mr. Garcia said the next bond program public hearing would be held at Flour Bluff High School on May 17th at 6 p.m. He said issues scheduled for the May 23rd Council meeting included the Council's fmancial policies as well as a contract with Mr. Robert Perless regarding the "Orion's Belt" art project. Mayor Neal called for Council concerns and reports. Mr. Colmenero asked staff to provide a report that the Cole Park rodent problem has been dealt with. He also asked that the Coastal Bend Pest Control Association be recognized for their assistance. The Mayor said his office would draft a letter to the association to be signed by the Mayor and all members of the City Council. Mr. Longoria requested reports on police manpower allocation and marina development plans. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 8:47 p.m. on May 16,2000. ************* 15 16 MINUTES CITY OF CORPUS CHRISTI, TEXAS Bond Program Public Hearing May 17, 2000 6:00 p.m. PRESENT Mayor Samuel L. Neal, Jr. Council Members: Javier Colmenero Henry Garrett Rex Kinnison John Longoria Mark Scott City Staff: City Manager David R. Garcia Deputy City Manager George Noe Assistant City Attorney Doyle Curtis City Secretary Armando Chapa ABSENT Melody Cooper Arnold Gonzales Betty Jean Longoria Mayor Neal called the hearing to order at Flour Bluff High School in Corpus Christi. City Secretary Chapa declared that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. - Deputy City Manager Noe gave a detailed computer presentation of the bond program, including the property tax proposals and the three '/8 cents sales tax proposals and the financial impact on these projects. Mayor Neal opened the hearing for public comment. Mr. Pat Veteto spoke in support of the bond program. He also mentioned that the U.S. Corps of Engineers and the Port are in the process of dredging the port channel. It will create 40 million cubic yards of dredge which could be partially used to create a land barrier for further protection of the seawall and an additional land site which could be used for a variety of purposes. Mr. James Cottrell asked if there were specific projects or plans for the Va cent sales tax for economic development and if there are going to be time limits. Mayor Neal responded that the council has not yet determined specific projects. He said the basic premise will be to increase job opportunities in Corpus Christi. Council Member Scott also responded to the '/8 cent sales tax for economic development. He said that Corpus Christi has a very slow job growth rate in comparison to the rest of the state. He stated that the job creation industries are being lured by other cities that already have economic sales tax incentives. Mr. Scott mentioned that many of the residents of Corpus Christi who are graduating from college are not staying in Corpus Christi to work. He also spoke about the possibility of structuring "incubator" programs. 17 May 17. 2000 Minutes of Bond Program Public Hearing Page 2 Ms. Gail Hoffman informed the Council that her daughter who recently graduated from college will not be returning to Corpus Christi to work because of the lack of job opportunities. She also stated that it was important to support the economic development sales tax proposal. Ms. Marie Spear stated that the economic development sales tax should be tied into a specific project as they did in Harlingen, which created a desalination plant. Mr. James Cottrell spoke of the need for improving the Waldron Field Sports Park. Mr. Tony Cisneros, Director of Park & Recreation, mentioned that the field belongs to the Navy and the tax dollars might be more appropriately spent on city property such as Waldron Park. The Mayor mentioned that the city would look into it. Ms. Spear questioned where the multi-purpose arena would be located. Mayor Neal responded that at this time it would be located close to the Convention Center. However, he also said that land use for the arena was currently being looked at. Ms. Rene Gardner spoke about the need for repairs to the city park at Brighton Village, including the water fountain, sprinkler system, landscaping, backstop, hike and bike trail, basketball backstop and lighting. Council Member Kinnison stated that he had visited with a Brighton Village resident and city staff regarding those needs. An unidentified member of the audience spoke regarding public safety and the need for more officers. She said that the citizens voted for a 1/. cent sales tax initiative for a crime control district. She said there needs to be more accountability. Mayor Neal explained the increased efforts currently being undertaken by the city. Ms. Spear asked Council Member John Longoria if the city was looking into the possibility of more than one skateboard park. Mr. Longoria responded that the city is not building parks but they are looking into the possibility of private donations to build one skate park at this time. An unidentified member of the audience asked if the city had looked at all avenues for federal and state funding for the seawall project. City Manager Garcia stated that the city had looked into those possibilities. An unidentified member of the audience suggested the Council speak to Dr. Henry regarding Packery Channel. Mayor Neal thanked the public for attending. He then asked for Council comments. Mr. Scott thanked the audience for attending the public hearing. Mr. Garrett cleared up the issues related to public safety. Mr. Colmenero stated that the bond program and sales tax initiatives are an excellent opportunity for Corpus Christi to compete with other cities. Mr. Longoria spoke about the Office of Technology Incubator Program in Austin and the success rate encountered there. Mr. Kinnison thanked the audience for their comments. There being no further business to come before the Council, Mayor Neal adjourned the hearing at 7:10 p.m. on May 17,2000. 18 2 AGENDA MEMORANDUM DATE: May 15, 2000 SUBJECT: Health Center Sidewalk Repairs (5107) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a construction contract with M. P. Contracting for a total fee not to exceed $17,465 for the Health Center Sidewalk Repairs. ISSUE: The existing sidewalk at the Health Center is cracked and presents a trip hazard. Repairs are necessary to provide a smooth and continuous sidewalk for the pedestrian traffic in the area and eliminate potential hazards. FUNDING: Funds for this project are available in the FY 99-00 Health Departmenfs Capital Outlay Budget. RECOMMENDATION: Staff recommends approval ofthe motion as presented. ~~.~~ Nina M. Sisley, M.D., M.P.H., Director of Public Health r / b ~~ 11,-/uo 'An~. Escobar, P.E., Director of Engineering Services Additional SUDDort Material: Exhibit "A" Background Information Exhibit "B" Project Budget Exhibit "C" Bid Tab Summary Exhibit "0" Location Map I9DIlhr....,.....~~IltRII'NtiroI Page 1 011 H:\HOME\VELMAR\GEMHEAL TH\SIDEWALK\AGENDA.MMO 19 BACKGROUND INFORMATION SUBJECT: Health Center Sidewalk Repairs (Project No. 5107) PRIOR COUNCIL ACTION: 1. Julv 20. 1999 - Approval of FY 1999 - 2000 Capital Outlay Budget (Ordinance No. 023702). PRIOR ADMINISTRATIVE ACTION: 1. March 2. 2000 - A transfer in the amount of $26,000 was approved by the Office of Management and Budget to fund this capital outlay project. BACKGROUND INFORMATION: The City's Health Center is located at 1702 Home Road. The sidewalk at the Health Center has cracked and currently presents a trip hazard. Repairs are necessary to provide a smooth and continuous sidewalk for the pedestrian traffic in the area. Upon project completion, the sidewalk will be safe to walk on. PROJECT DESCRIPTION: The project consists of the removal and replacement of approximately 2,800 square feet of existing sidewalk; removal of approximately 280 linear feet of existing brick curbing and replace with approximately 100 linear feet of concrete header curb abutting new sidewalk and approximately 180 linear feet of concrete header curb abutting existing sidewalk, all in accordance with the plans, specifications and contract documents. BID INFORMATION: The City received proposals from five (5) bidders on May 10, 2000. The project consists of a Base Bid and the bids range from $17,465 to $39,961. M. P. Contracting of Mathis, Texas is the low bidder on the total of the Base Bid in the amount of $17,465. CONTRACT TERMS: The contract specifies that the project will be completed in 20 working days, with completion anticipated by the end of June 2000. FUNDING: Funds for this project are available in the FY 99-00 Health Department's Capital Outlay Budget. H:\HOMeWELMAR\GEMHEAL TH\SIDEWALK\AGENDA.BKG II EXHIBIT "Au ~ Page 1 of 1 20 HEALTH CENTER SIDEWALK REPAIRS PROJECT BUDGET PROJECT NO. 5107 May 15, 2000 FUNDS AVAILABLE: Health Office Building (550030-1020-12610)............................................ FUNDS REQUIRED: Construction (M. P. Contracting)............................................................... Contingencies (10%)............... ............... ...... ......... ..................... ......... ...... Major Projects.. ..... ........ .............. .... ........... ..... ....... ..... ..... ........ .......... ........ Construction Inspection.. ..... .... ............... ... .... .............. ........... ......... ...... .... Testing.. .... ............... ........... .... ........................ ............. ......... ..... .... ...... ... ... Incidental Expenses (Printing, Advertising, etc.)........................................ Total........................................................................................................... H:\HOME\VELMAR\GEMHEAL TH\SrOEWAlK\BUOGET.WB2 21 $23,000.00 $17,465.00 1,735.00 500.00 1,300.00 800.00 1,200.00 $23,000.00 II EXHIBIT "B" II Page 1 of 1 TABULATION OF BIDS Page 1 of 1 DEPARTMENT OF ENGINEERING - CITY OP CORPUS CHRISTI, TEXAS TABULATED BY, "gal R.Eecobar, P.B., Director of Engineering Services DATB, Wednedsay, May 10, 2000 TIME OF COMPLRTION, 20 Working Days ENGINEER'S ESTIMATE, $21,500 Health Center Sidewalk Repairs M.P.Contracting Anzaldua Constr. Solid Foundation Repair Third Coast General Project No. 5107 421 West Fulton 3221 Fair Oaks Dr. 961 Savage Lane 4307 S.Port B143-#106 AMOUNT Mathis, TX 78368 C.C., TA 78410 C.C., TX 78407 C.C., TX 78415 UNIT PRICE DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 0.00 UNIT PRICE AMOUNT 1. Removal 6 replacement 2,800 SP 4.75 13,300.00 6.10 17,080.00 6.50 181200.00 6.89 19,292.00 2. concrete sidewalk 280 LF 10.00 2,800.00 0.00 0.00 0.00 2. Remove existing brick curb 280 LF .25 70.00 9.75 2,730.00 4.00 11120.00 6.11 1,710.80 3. Header curb abutting new 100 LF 10.35 1,035.00 9.45 945.00 12.00 1,200.00 11.89 1,189.00 4. sidewalk 180 LF 7.72 1,389.60 0.00 0.00 0.00 4. Header curb abutting 180 LF 17.00 3,060.00 10.25 1,845.00 13.00 2,340.00 11.89 2,140.20 existing sidewalk $39,961.60 $0.00 $0.00 $0.00 TOTAL BASE BID, $17,465.00 $22,600.00 $22,860.00 $24,332.00 Health Center Sidewalk Repairs Project No. 5107 Kaltek Engineering 1100 NW Loop 410, #700 San Antonio, TX 78213 DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1. Removal 6 replacement 21800 SF 12.50 35,000.00 0.00 0.00 0.00 concrete sidewalk 2. Remove existing brick curb 280 LF 10.00 2,800.00 0.00 0.00 0.00 3. Header curb abutting new 100 LF 7.72 772.00 0.00 0.00 0.00 sidewalk 4. Header curb abutting 180 LF 7.72 1,389.60 0.00 0.00 0.00 existing sidewalk TOTAL BABE BID, $39,961.60 $0.00 $0.00 $0.00 File: \Mproject\councilexhibits\exh5107.dw (t.ll PROJECT LOCATION HEALTH CENTER 1702 HORNE RD. AGNES CORl'US ~ CIlR1Sll !i INlERNAlIONAl ~ AIRPORT ..... CORPUS CHRISTI BAY i! ~ N .., "' ~ LOCA nON MAP NOT TO SCALE ~ N CITY PROJECT No. 5107 LOCA rION MAP NOT TO SCALE EXHIBIT "0" CITY OF CORPUS CHRISTI, TEXAS 23 CITY COUNCIL EXHIBIT DU'AF<TMENT OF ENGINffRING SERVICES PAGE: 1 of 1 DATE: 05 16 2000 ~ -- - - - - - HEAL TH CENTER SIDEWALK REPAIRS 3 AGENDA MEMORANDUM May 11, 2000 SUBJECT: Corpus Christi Intemational Airport Terminal Construction AGENDA ITEM: Motion authorizing City Manager, or designee, to execute Amendment No.2 to the architectural/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc. in the amount of $180,700 related to the Terminal Apron Construction, Terminal Reconstruction, and Lift Station Relocation projects at Corpus Christi Intemational Airport. ISSUES: 1. Design services are required to extend the apron to maintain: . existing airfield capacity; . FAA design and safety standards; and . safe and efficient aircraft operations. 2. Additional design services are required to provide a multi-zone HVAC system which can be constructed at comparable cost as a single zone system with a significant reduction in long-term maintenance costs. 3. Relocation of the airport lift station must be incorporated into the ongoing Terminal Reconstruction Program to minimize conflicts and enhance facilities associated with the new Terminal. FUNDING: Funding for the Apron Extension and Terminal HV AC is available in the Airport Capital Projects Fund, FAA Grants, and Passenger Facility Charges. Funding for the Lift Station Relocation project is available from the Wastewater Capital Project Fund (Commercial Paper). RECOMMENDATION: Approval of the Motion as presented. J:3~" ~ r^':> Bonnie Allin, A.A.E. ~~1or of Aviation ~-"~~ Foster Crowell Wastewater Superintendent f 1/1 ~~ ~//cd AM! el R. Escobar, P. E. / Director of Engineering Services ADDITIONAL SUPPORT MATERIAL Exhibit A. Background Information Exhibit B. Prior Council Actions Exhibit C. Project Budgets- Terminal Apron & Lift Station Exhibit D. Site Map 25 BACKGROUND INFORMATION PROJECT DESCRIPTION: The proposed amendment to the Terminal Apron Construction and Terminal Reconstruction projects includes the following: . Extend the commercial apron by approximately 40 feet to the south; . Relocate airfield lighting, signage, and taxilane markings; . Adjust utilities and increase the adjacent drainage storage capacity; . Provide Multi-zone HVAC system in the Terminal Building; . Relocate airport wastewater lift station. Apron Extension: The aircraft parking positions for the new Terminal Building will encroach upon the safety requirements for the existing taxi lane, located at the southern edge of the commercial apron. Extension of the commercial apron and relocation of the taxi lane is required in order to continue the use of the taxi lane by large jet aircraft. Design services are required to incorporate this work into the ongoing Terminal Apron Construction project. Multi-Zone HVAC: The preliminary engineering cost estimates indicated the construction cost for a single zone HVAC system would be less than a multi-zone HVAC system. Further analysis has identified that a multi-zone HVAC system can be constructed at a comparable cost. The multi-zone system offers a significant reduction in long-term maintenance costs. Wastewater Lift Station: The existing wastewater lift station at the airport was built in 1958 and is difficult to access. Also, maintenance problems with the lift station have significantly increased. Relocation of the wastewater lift station is included in the adopted FY 99-2000 Capital Improvement Budget. The Terminal Apron Construction project scope includes construction of new wastewater lines in the vicinity of the proposed site for the relocated lift station. Inclusion of the lift station in this project will minimize conflicts and facilitate the Terminal Construction. ADDITIONAL INFORMATION: M. Arthur Gensler, Jr. and Associates, Inc. (Gensler) was awarded the design contract for the Terminal Reconstruction and associated Terminal Apron projects on April 20, 1999. Original contract scope of work items that will be designed in the same construction contract package as the amendment items include: . Reconstruction of the apron surrounding the new concourse, extending 50 feet from the building, to meet NFPA, other code, and drainage requirements; . Additional apron pavement areas including new aircraft parking positions (up to a B727- 200 critical aircraft), areas affected by terminal building demolition, and operations areas to accommodate airline/airport equipment and emergency vehicles; . Relocation of apron floodlights, coordinated with the new terminal building; II EXHIBIT A II Page 1 of2 H:\HOMElKEVINSIGENIAIRINEWTERMlaeamd2bkgd.doc 26 · Relocation of the triturator (aircraft waste disposal facility). With the construction of the new concourse to the south and over the existing commercial apron, the aircraft parking positions for the new Terminal Building will encroach upon the safety requirements for the existing taxi lane, located at the southem edge of the commercial apron. PRIOR COUNCIUADMINISTRATIVE ACTIONS: Council has taken numerous actions associated with this project. The more significant are attached. See Exhibit B. FUTURE COUNCIL ACTIONS: 1. Approval of the General Airport Revenue Bond (GARB) sale. 2. Approval of testing, construction and other contracts to complete the construction of the terminal apron and new terminal building projects. FUNDING: Funding is available in the Airport Capital Projects Fund ($110,100 Apron Design) and from the FAA Grants, Passenger Facility Charges, and GO Bonds ($18,900 HVAC Design). For the Lift Station Relocation project, funding is available in the Wastewater Capital Project Fund (Commercial Paper $51,700). The Terminal Apron project was originally to be funded by a FAA FY 2000 Discretionary Grant and Passenger Facility Charges. Due to the delay in authorizing the Airport Improvement Program (AlP) Funding bill, and restricted availability of FY 2000 Discretionary funds, the FAA has reprogrammed this project to FY 2001. The project is proceeding to have a construction contract ready for award by September 30, 2000. This will ensure the project will be eligible for any FY 2000 FAA Discretionary Grants that may become available prior to September 30, 2000. IMPLEMENTATION SCHEDULE: Construction of the apron will be completed in phases to accommodate the terminal building construction, and possibly phased due to funding availability. A construction contract will be ready for award by September 2000, to be ready for possible award of a FY 2000 FAA Discretionary Grant. BOARD/COMMITTEE REVIEW: The contract amendment has been reviewed and is recommended by the Airport Board. H:\HOMElKEVINSIGENlAIRINEWTERMlaeamd2bkgd.doc 27 ~ EXHIBIT A /] Page 2 of 2 PRIOR COUNCIL ACTIONS 1. August 25. 1998 - Resolution approving the financial feasibility plan to fund the five-year capital improvement program for CCIA including the terminal reconstruction program. (Res. 023426) 2. March 30. 1999 - Approval of recommended Terminal Reconstruction and Landside Development concept at CCIA. (M99-089) 3. April 20. 1999 - Motion to authorize City Manager to execute a contract for architectural/engineering services with M. Arthur Gensler Jr. and Associates in the amount of $2,225,000 for the CCIA Terminal Building. (M99-105) 4. July 20. 1999 - Adoption of FY99-00 Capital Budget and 2000-2004 CIP Guide which included Airport Project No.1, Terminal Building Reconstruction, Airport Project No.2, Terminal Apron Construction, and Wastewater Project No. ?, Airport Lift Station Relocation. (Ord. No. 023703). 5. December 21. 1999 - Approval of the Terminal Design Concept as presented by the Gensler Team. 6. January 25. 2000 - Motion to authorize City Manager to execute Amendment No. 1 to the architectural/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc. in the amount of $72,095 related to the airport automated access control system (AACS) and closed-circuit television (CCTV) system for the Terminal Reconstruction project. (M2000-027) 7. February 23 2000 - Motion to authorize City Manager to execute a construction contract in the amount of $1,575,000 with B. E. Beecroft Company, Inc. for temporary facilities for the Terminal Reconstruction Program. (M2000-66) H:\HOMElKEVINSIGENIAIRINEWTERMlaeamd2exb.doc 28 [I EXHIBIT B I] Page 1 of 1 COST OF PROPOSED PROJECT AND SOURCES OF FUNDS CCIA TERMINAL APRON COSTRUCTlON CORPUS CHRISTI INTERNATIONAL AIRPORT May 2000 Project No.1 070 2000..Q1 CaDitallmDrovement Pro9ram Terminal Apron Construction. ... ... ...... ............................ ........................:........ Total Funds ................................................................................................... Funds Available ill $3,330,000 $3,330,000 FUNDS AVAILABLE: FAA AlP Discretionary Grant .......................................................................... Passenger Facility Charges ......................... ................................................... TOTAL............................................................................................................ FUNDS REQUIRED (31: Total Construction Cost ..................... .... ............ ......... ........................... ......... Contingency (9.5% of Construction) ............................................................... ArchitecVEngineer (Gensler). ............ ............. .................. ..... .......................... Construction Inspection .................................................................... .............. Project Management (DMJM Aviation) ........................................................... Testing (Geotech and QA) .............................................................................. Engineering Liaison and In-house Services ................................................... Finance Reimbursements .......... ...... .... ..... ......... ... ........... ..... ......................... Printing, Advertising, FedEx, etc. .................................................................... TOTAL............................................................................................................ DIFFERENCE Preliminary Budget (:2) 2,997,000 333,000 $3,330,000 2,750,000 260,000 173,000 35,000 46,240 15,000 13,500 27,500 9,760 $3,330,000 $0 (1) Project will be funded through an anticipated FAA AlP Discretionary Grant and Passenger Facility Charges. (2) Preliminary budget based on engineering estimates. (3) Additional project scope increases the overall project budget from $2 million adopted in the FY 99-00 Capital Budget to $3.33 million, which is shown in the FY 00..Q1 Capital Budget, pending City Council review and approval. CCIA Terminal Apron Construction Corpus Christi International Airport 29 ~ EXHIBIT C I] Page 1 of2 COST OF PROPOSED PROJECT AND SOURCES OF FUNDS CCIA LIFT STATION RELOCATION CORPUS CHRISTI INTERNATIONAL AIRPORT May 16, 2000 Project No. 1070 FY1999-o0 Caoitallmorovement Program Lift Station Relocation ........... ........ ..... .... ...... ......................... ............. .... ......... Proposed FY 2000-01 Caoitallmorovement Program Lift Station Relocation.. .... ..... ....... ............ .................... ........ ........................... Total Funds ................................................................................................... Funds Available ill $500,000 $300,000 $800,000 FUNDS AVAILABLE: Wastewater Capital Improvements Fund ........................................................ TOTAL............................................................................................................ FUNDS REQUIRED (3\: Total Construction Cost .................................................................................. Contingency.. ......................... ........ ..... ....... ... ............. .... ......... .......... ....... ... .... Architect/Engineer (Gensler and TCB)............................................................ Construction Inspection. ........ ...... ........ .......... ........... ....... .......... ........ ...... ....... Project Management (DMJM Aviation) ........................................................... Engineering Liaison and In-house Services ................................................... Survey....... ..... .............. ... ... ........ .... ...... ... .................. ....... .... ....... .......... ......... Testing ... .................. ...... ................ .............. .................... ... .......... .... ... ........... Finance Reimbursements .. ........ ..... .... ........ ....... ....... ........... ....... ................... Printing, Advertising, FedEx, etc. .................................................................... TOT AL............................................................................................................ Preliminary Budget (2) 800,000 o $800,000 610,000 61,000 51,700 35,000 5,040 2,750 12,000 6,000 6,000 10,510 $800,000 (1) Project will be funded through Wastewater Revenues (2) Budget per the FY1999-00 CIP (Wastewater Proj. No. 33) and Proposed FY2000-01 CIP (Wastewater Proj. No. 22) (3) Preliminary budget based on preliminary engineering estimates. CCIA Uft Station Relocation Corpus Christi International Airport 30 EXHIBIT C Page 2 of 2 i TRITURATOR 7; r i _ `-TERMINAL APRON CONSTRUC710N COMMERICAL APRON 'E' CCIA TERMINAL. APRON CONSTRUCTION D TERMINAL APRON CONSTRUCTION - ORIGINAL GENSLER CONTRACT COMMERICAL APRON EXTENSION- PROPOSED AMENDMENT IM EXISTING TRITURATOR RELOCATED TRITURATOR - ORIGINAL GENSLER CONTRACT EXISMG LIFT STATION ® PROPOSED LIFT STATION - PROPOSED AMENDMENT RELOCATED 7 EXISTING LIFT —i u IN 7yi 4 ~ CITY COUNCIL AGENDA MEMORANDUM May 18, 2000 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute an annual maintenance agreement with Hewlett-Packard company in the amount of $40,297.69 for 24-hour, 7-day maintenance on the hardware and operating system of the HP-Unix servers. ISSUE: The computer equipment used to run the City's PeopleSoft software application requires routine maintenance and operating system patches to ensure reliable service. These service agreements provide 24-hour coverage/response. BACKGROUND: On March 24, 1998, City Council authorized the purchase of computer equipment, consisting of dual servers, from the Texas Department of Information Resources based upon the State cooperative purchasing agreement. These servers were purchased as part of the City's plan to replace outdated mainframe systems with state-of-the-art technology using the HP-Unix operating system. The PeopleSoft financials, human resources, and payroll systems are being run from these servers. Hewlett-Packard has submitted two quotes, one for each server. Quote 59373211 is for server CPOOOSBMA007937 for $25,977.13. Quote 59373195 is for server CPOOOSBMA008502 for $14,320.56. Hewlett-Packard is the sole provider of hardware and operating system maintenance for these servers. According to Local Government Code 252.022(aX7)(D), these are sole source procurements and have been approved by the Legal department. FUNDING: The total cost of $40,297.69 will be funded from the MIS Department current fiscal year operating budget and allocated back to user departments. REQUIRED COUNCIL ACTION: City Council approval is required for agreements over $15,000. RECOMMENDATION: Staff recommends the purchase of an annual hardware and operating system maintenance from Hewlett-Packard for the total amount of $40,297.69. <::>.<:= .~c:--_ Ogilvie F. Gericke Director of Information Systems W000502l.doc 33 5 AGENDA MEMORANDUM May 15, 2000 SUBJECT: Annaville Area Street Improvements, No.3, Phase 2 Project (Margie Street) Final Assessment Roll AGENDA ITEM: Ordinance amending Ordinance No. 023690 passed and approved on July 13, 1999, by amending Section 3 to adopt the final assessment roll and assessments to be levied against the owners of property abutting on Margie Drive, from Leopard to martine Street for the Annaville Area Street Improvements, No.3, Phase 2 project;and declaring an emergency. ISSUE: At property owners' requests, adjustments were made to assessable items (change in driveway widths, etc.) during construction. For this reason, the total assessments increased from $25,026.54 to $25,245.64. Council approval is required to amend the preliminary assessment roll to reflect the cost of actual construction. RECOMMENDATION: Staff recommends adoption of the ordinance as presented. ,.... Id! ~- 5/J7k~ An~ . scobar, P. E. ' Director of Engineering Services ADDITIONAL SUPPORT MATERIAL Exhibit A. Exhibit B. Exhibit C. Background Information Final Cost Summary Location Map H:IHOMElKEVINSIGENlSTREETSIMARGIElFINAL.M 34 Backaround Information SUBJECT: Annaville Area Street Improvements, No.3, Phase 2 Project (Margie Street) Final Assessment Roll PRIOR COUNCIL ACTION: 1. Approval of the 1986 Street Bond Program which included funds for this project. 2. June 22.1999 - Resolution determining the necessity for and ordering the improvements to the Annaville Area Streets, No.3, Phase 2 project (Res. 023675). 3. June 22.1999- Resolution approving plans and specs for improvements to the Annaville Area Streets, No.3, Phase 2 project; approving the Director of Engineering Services' Project Construction Cost Estimate; and setting a Public Hearing for proposed assessments during the July 13, 1999 City Council meeting (Resolution 023676). 4. July 13. 1999 - Approval of preliminary assessment roll (Ord. No. 023690) 5. July 13. 1999 - Award of construction contract to Asphalt Paving & Construction (M99-237) PROJECT DESCRIPTION: The Project consists of new roadway, 28-ft. Back of curb to Back of Curb, curb and gutter, 5-ft. tied sidewalk, driveway aprons to property line, storm drainage facilities and utility improvements. PROPOSED FINAL ASSESSMENT ROLL: The assessment roll prepared at project inception totaled $25,026.54. However, during construction, adjustments were made to assessable items (such as driveway widths) at property owners' requests. For this reason, the total assessments increased to $25,245.64. H:\HOMElKEVINSIGENlSTREETSIMARGJElFINAL.BKG Exhibit A Page 1 of 1 35 - ANNAVILLE STREET IMPROVEMENTS NO.3, PHASE" (Margie Drive) Project No. 6051 Type of Funding: 1986 Street Bond Funds (Last Street on 198!,. Bond Fund) Bid Date: May 5,1999 Number of Bidders: 6 Low Bidder: Asphalt Paving & Construction Co. Contract Award Amount: $178,627.50 Final Construction Cost: $184,129.70 Assessment Items: 13 .~ Public Hearing Letters: June 25, 1999 / , Appraiser: George Paraskevas Working Time: 50 Days ,.-. H:\HOMElKEVINS\GENlSTREETSIMARGIE\COSSUM.EXB 36 Exhibit B Page 1 of 1 File : \ Mproject \ councilexhibits \ exh6051.dw NUECES BAY /:: .. ~ ~ 5! <S oS 0 '" '" '" '" ~ g ... I ::; ~ '" is <S '" ~ Nueces County ~ '-' '" San Patricio County ~ PROJECT LOCA nON MARGIE: DR. ~ N CITY PROJECT No. 6051 LOCATION MAP NOT TO SCALE EXHIBIT .C. ANNAVILLE AREA STREET IMPROVEMENTS No.3, Phase II MARGIE DRIVE CfTY OF CORPUS CHRlsn. TEXAS ,~ CITY COUNCIL EXHIBIT DEPARTMENT OF ENGlNCERING SERVICES PAGE: 1 of 1 DAre 05 15 2Doo . -- - - - - .- AN ORDINANCE AMENDING ORDINANCE 023690 PASSED AND APPROVED ON JULY 13, 1999, BY AMENDING SECTION 3 TO ADOPT THE FINAL ASSESSMENT ROLL AND ASSESSMENTS TO BE LEVIED AGAINST THE OWNERS OF PROPERTY ABUTTING ON MARGIE DRIVE, FROM LEOPARD TO MARTINE STREET FOR THE ANNA VILLE AREA STREET IMPROVEMENTS, NO.3, PHASE 2 PROJECT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Ordinance 023690 passed and approved on July 13, 1999, be amended by amending Section 3 to adopt the final assessment roll and assessments to be levied against the owners of property abutting on Margie Drive, from Leopard to Martine Street for the AnnavilIe Area Street Improvements, No.3, Phase 2 project, a substantial copy of which is attached and incorporated as Exhibit A. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) [rods and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Chaner rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the _ day of , 2000. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Samuel L. Neal, Jr., Mayor LEGAL FORM APPROVED .2000; JAMES R. BRAY, JR., CITY A TIORNEY By: f, o n P. Burke, Assistant City Attorney - H:\LEG-DtR\VERONICAIJOHN\QfWOO.IOO\JPBORDOO.101 38 EXHIBIT A Final Assessment Roll AnnaviIle Area Streets No.3, Phase II Margie Drive - Leopard St. To Martine Street The streets shaIl be constructed by excavation to a width and depth to pennit the laying of a standard 6" curb and gutter section, 10" compacted lime stabilized subgrade, 6" compacted caliche base. 1.5" Type "D" Hot mix asphaltic pavement. The streets shall be 28' wide and constructed within the existing right-of-way. There wiII be a tied S' wide standard reinforced concrete sidewalks 4" thick and 6" thick reinforced concrete driveways. The assessment rates have been calculated in accordance with the City's current assessment policy and the low bid prices submitted by Asphalt Paving and Construction Co. The assessment rates are as follows: Item Assessment Adjusted Bid pnce Plus 8% Engineering Cost Rates 6" Curb, Gutter & Pavement To Back of Curb Sidewalk - S' Concrete Sidewalk Driveways $16.15 L.F. $16.15 L.F. $ 2.59 S.F. $ 5.40 S.F. $ 1.00 S.F. $ 5040 S.F. Residential, Church & School Property 6" Curb, Gutter & Pavement Sidewalk (5') Driveways $ 9.75 L.F. $ 1.00 S.F. $ 5040 S.F. Cost l/2 Street (Curb, Gutter & Pavement & S/w 28' Back of Curb) $46.50 L.F. Total Bid Price Final Assessments City Share $178,627.50 25,245.64 $l~j,jlSUlo 'Angel R. Escobar, P.E. Director of Engineering Services 39 OECEHBER 20. 1999 CTEH NO. OWNER AND PROPERTY OESCRIPTION --~------------------------- --------- ---------------- ------ ------------- ------------ 1 ALHA ROE 818 WILDWOOD OR. 78410 LOT 6 BLK 1 SABLATURA SUBD. GARAGE B-4 2 HINNIE SABLATURA 11318 HARGIE 78410 LOT 4, BLK 1 SABLA TURE ADON R-lB.I-FAH -SlOE 3 ROBERT CRICE 11314 HARGIE OR. 78410 LOT 3. aLK 1 SA8LATURE SUBD. R-lB, 1 FAH 4 FRANCIS HOELSCHER 11306 HARGIE 78410 LOT 2. BLK 1 SABLATURA SUBD. R-lB, I-FAH PAGE 1 QUANTITY ASSESSED DESCRIPTION OF ASSESSHENT AHOUNT RATE FINAL ASSESSMENT ROLL ANNAVILLE ST. IHPR. NO.3 PHASE 2 MARGIE ORIVE FROM LEOPARD TO HARTINE ST NORTH SIDE 91.12 L.F.C.G.& PVHT. 16.15 1,471.59 -0- L.F.C.G.& PVHT. -0- -0- 258.10 S.F. S/W 5' 1. 00 258.10 -0- S.F. S/W -0- -0- 215.00 S.F. D/W 1-35 5.40 1,161.00 -0- S.F. D/W -0- -0- 106.38 L.F.C.G.& PVHT. 9.75 1,037.21 124.00 L.F.C.G.& PVHT. 4.118 605.12 558.10 S.F. S/W 1.00 558.10 - 517 . jO S. F. S/W .50 258.75 - 110.50 S.F. D/W 1-16' 5.40 596.70 -0- S.F. D/W -0- -0- 85.00 L.F.C.G.& PVMT. 9.75 828.75 -0- L.F.C.G.& PVMT. -0- -0- 297.50 S.F. S/W 1.00 297.50 -0- S.F. S/W -0- -0- 138.00 S.F. D/W 1- 21 5.40 745.20 -0- S.F. D/W -0- -0- 70.00 L.F.C.G.& PVMT. 9.75 682.50 -0- I..F.C.G.& PVHT. -0- -0- 350.00 S.F. S/W 5' 1. 00 350.00 -0- S.F. S/W -0- -0- -0- S.F. D/W -0- -0- -0- S.F. D/W -0- -0- 40 TOTAL AHOUNT ASSESSEO 2.890.6 3,055."5/ 1,871.' 1,032.: DECEMBER 20. 1999 PAGE 2 DESCRIPTION TOTAL ITEH OWNER AND QUANTITY OF AHOUNT NO. PROPERTY DESCRIPTION ASSESSED ASSESSHENT RATE AHOUNT ASSESSED ---------------------------- ....--.....---.. --..--.....-........---.... ...-..--... -----.......--.....- --..--------- 5 J :R. ATKINSON 60.00 L. F. C .G.& PVHT. 9.75 585. 00 11302 HARGIE 78410 -0- L. F . C. G. & PVHT. -0- -0- LOT 1, BLK 1 300.00 S.F. S/W 5' 1. 00 300.00 SABLATURA SUBD. -0- S.F. S/W -0- -0- R-IB, I-FAI1 -0- S.F. D/W -0- -0- -0- S.F. D/W -0- -0- 885. ( HARTINE ST. INTERSECTION END HARlE ST. NORTH SIDE HARGIE ST. FROH LEOPARD ST. TO I1ARTINE SOUTH SIDE 6 ROBERT D. DICKSON IH.I0 L.F.C.G.& PVHT. 16.15 1.875.02 11401 LEOPARD ST. 78410 -0- L.F.C.G.& PVI1T. -0- -0- LOT 6-A. BLK 2 118.00 S.F. S/W 5' 1. 00 118.00 SABLATURA SUBD. -0- S.F. S/W 1-88' -0- -0- COH. BUILDING 506.00 S.F. D/W 5.40 2,735.10 B-4 -0- S.F. D/W -0- -0- 4,728. 7 HELEN IRENE CURRY 100.00 L. F .C. G.& PVHT. 9.75 975.00 11325 I1ARGIE 78410 -0- L. F . C. G. & PVHT. -0- -0- LOT 6-B. BLK 2 427.50 S.F. S/W 5' 1. 00 427.50 SA8LATURA SUBD. -0- S.F. S/W -0- -0- R-lB, I-FAI1 77.50 S.F. D/W 1-10 5.40 418.50 -0- S.F. D/W -0- -0- 1,821. 8 KIZETTA 11. BLACK 100.00 L.F.C.G.& PVHT. 9.75 975.00 11321 I1ARGIE 78410 -0- L.F. C.G.& PVHT. -0- -0- LOT 6, BLK 2 417 .50 S.F. S/W 5' 1.00 417 .50 SABLATURA SUBD -0- S.F. S/W -0- -0- R-lB, I-FAI1 88.50 S.F. D/W 1-12 5.40 477.90 -0- S.F. D/W -0- -0- 1,870. 41 DECEMBER 20. 1999 PAGE 3 DESCRIPTION TOTAL ;ITEM OWNER AND QUANTITY OF AHOUNT . NO. PROPERTY DESCRIPTION ASSESSED ASSESSMENT RATE AMOUNT ASSESSEr "'----- ---------------------------- ..---...---- ---------------- ............ ... .......--------.... -.........-..---- , 9 AI'lACLETO LOPEZ 70.00 L.F.C.G.& PVHT. 9.75 682.50 11317 MARGIE 78410 -0- L.F.C.G.& PVMT. -0- -0- LOT 5. BLK 2 267.50 S.F. S/W 5' 1. 00 267 . 50 SABLATURA SUBD. -0- S.F. S/W -0- -0- R-1B, I-FAM 88.50 S.F. D/W 1-12' 5.40 477.90 -0- S.F. D/W -0- -0- 1. 427 10 JOSIE SANCHEZ 70.00 L.F.C.G.& PVMT. 9.75 682.50 , 11313 MARGIE 78410 -0- L.F.C.G.& PVHT. -0- -0- , LOT 4, BLK 2 237.50 S.F. S/W 5' 1. 00 237.50 - SABLATURA SUBD. -0- S.F. S/W -0- -0- , , R-lB. I-FAH 121. 50 S.F. D/W 1-lB' 5.40 656.10 , -0- S.F. D/W -0- -D- . 1.576 , . 11 SOPHIA ZAPLETAL 70.00 L.F.C.G.& PVHT. 9.75 682.50 'i 11309 MARGIE 78410 -0- L.F.C.G.& PVMT. -0- -0- LOT 3. BLK 2 237.50 S.F. S/W 5' 1. 00 237.50 , SABLATURA SUBD. -0- S.F. S/W -0- -0- , R-IB. 1 - F AH 121.50 S.F. D/W 1-18' 5.40 656.10 , -0- S.F. D/W -0- -0- , 1.576 , 12 KEITH G. TSCHOEPE 70.00 L. F. C. G.& PVMT. 9.75 682.50 11305 MARGIE 78410 -0- L.F.C.G.& PVHT. -0- -0- , LOT 2. BLK 2 288.75 S.F. S/W 5' 1.00 288.75 , SABLATURA SUBD. -0- S.F. S/W -0- -0- , R-IB, I-FAM 66.25 S.F. D/W 10-20' 5.40 357.75 . -0- S.F. D/W -0- -0- , 1,32~ , . 13 AHADOR SILVA JR. 60.00 L. F . C . G . & PVMT. 9.75 585.00 . 11301 MARGIE 78410 -0- l.F.C.G.& PVMT. -0- -D- . LOT 1, BLK 2 238.75 S.F. S/W 5' 1. 00 238.75 , SABLATURA SUBD. -0- S.F. S/W -0- -D- . R-1B, I-FAM 66.25 S.F. D/W 10-20 5.40 357.75 , -0- S.F. D/W -0- -D- . 1.181 < 42 DECEMBER 20, 1999 PAGE 4 , 'ITEM OWNER AND QUANTITY , NO. PROPERTY DESCRIPTIDN ASSESSED DESCRIPTION OF ASSESSMENT RAI E AHOUNT TOTAL AHOUNT ASSESSED ~----- ---------------------------- --------- , , , , END HARIE DR. SO. SIDE END MARGIE ORIVE END PROJECT , , , TOTAL ASSESSMENTS ... $25,245.f 43 6 --- CITY COUNCIL AGENDA MEMORANDUM Date: May 19, 2000 AGENDA ITEM: Ordinance governing the construction, maintenance and use of gas pipelines within the City ofCoIpus Christi; amending Section 55-3 of the City Code of Ordinances; providing for penalties; providing for severability; and declaring an emergency ISSUE:Negotiations for the City of COIpUS Christi in the PG&E class action lawsuit have indicated a need to amend Section 55-3 of the City Code which prohibits gas pipelines in the City without a franchise or pemlit from the City. The proposed amendment would clarify the City's authority; clarify applicability of the ordinance to use of the pipeline, and specifically address remedies and sanctions for violation. It is consistent with the City's long-time administration of the ordinance. These clarifications may heip resolve issues in the PG&E lawsuit. RECOMMENDATION: Staff recommends approval of the ordinance as presented. OJRB0500.036 44 AN ORDINANCE GOVERNING THE CONSTRUCTION, MAINTENANCE AND USE OF GAS PIPELINES WITHIN THE CITY OF CORPUS CHRISTI; AMENDING SECTION 55-3 OF THE CITY CODE OF ORDINANCES; PROVIDING FOR PENAL TIES; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY WHEREAS, the City of Corpus Christi possesses regulatory authority regarding gas pipelines granted to it by the Home Rule Amendment to the Texas Constitution, by the Gas Utility Regulatory Act (Tex. Uti!. Code Ann. Sec. 103.001 et seq, including but not limited to Sees. 104.252 and 181.006), and by other statutes enacted by the Texas Legislature; and WHEREAS, the City of Corpus Christi possesses authority to control its streets, easements, and other public property, and to receive fair compensation for the use thereof; and WHEREAS, the City of Corpus Christi wishes to assure fair competition between any providers of natural gas to consumers within the corporate limits of the City, and to assure the fair and nondiscriminatory treatment of customers within the corporate limits of the City; and WHEREAS, the City of Corpus Christi wishes to clarify Section 55-3 of its Code of Ordinances and amend said Section 55-3 in the interest of the public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 55-3 of the Code of Ordinances of the City of Corpus Christi is amended to hereafter read as follows: Sec. 55-3. Franchises required to construct or maintain gas lines ID:..JQ provide gas for end-use consumption within the corporate limits ofthe city. W It shall be unlawful for any person to build, lay, construct or maintain any pipeline for conveying gas for any purpose or anywhere within the city, unless such person is now operating under a franchise or permit heretofore granted by the city or shall hereafter secure such franchise or permit from the city to build, OJRB0500.026 45 2 lay, construct or maintain such line for conveying gas. (b) No person shall use a pipeline or pipeline system. any part of which is located in any street or easement of the city, for its or another person's sale of natural gas to consumers. whether industrial. commercial. or residential. within the cOl:porate limits of the city. unless a franchise or-permit is first obtained by the owner or operator of the pipeline or by the owner of gas proposed to be transported through tl1e pipeline for end-use within the cOl:porate limits of the city. which franchise specifically authorizes such use. (c) Construction. maintenance. or use ofa pipeline or pipeline system in violation of this section shall constitute unauthorized use of public pro.per1;y. and the violator shall be liable to the city for the fair value of the public property used, interest. attorney fees. and injunctive relief. In addition. the violator shall be liable to the city for any other remedy which may be available under law. (.c() A person adjudged guilty of a violation of this section in the municipal court of the city shall be punished by a fine of $500. Each Qay any violation shall continue shall constitute a separate offense. Provided, however. that if the offense is one for which a penalty is fixed by state law. the penalty for such offense shall be the same as that fixed by such state law. SECTION 2. Nothing herein shall require the City Council to prohibit service to electric generation facilities and the Coastal Javelina facility as such service has been permitted historically. SECTION 3. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 4. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 4. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for immediate action OJRB0500.026 46 3 necessary for the efficient and effective administration of City affairs, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the day of , 2000. A TrEST: Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor, The City of Corpus Christi APPROVED THIS THE .-.tL DAY OF MfA '( ,2000: James R. Bray, Jr., City Attorney ~-~ OJRB0500.026 47 7 CITY COUNCIL AGENDA MEMORANDUM Date: May 23, 2000 AGENDA ITEM: a. Ordinance authorizing the City Manager or his designee to execute a 120-clay lease between the City of Corpus Christi and Nueces County Community Action Agency (NCCAA) for seven properties identified on the attached and incorporated Exhibit A, in consideration of NCCAA operating Head Start programs for eligible citizens of Corpus Christi and maintaining the properties. b. Ordinance authorizing the City Manager or his designee to execute a 10 year lease with an option to renew for 10 years, with NCCAA for seven properties identified on the attached and incorporated Exhibit A, in consideration of NCCAA operating Head Start programs for eligible citizens of Corpus Christi and maintaining the properties. ISSUE: The City of Corpus Christi has in effect seven leases that have expired or will expire with NCCAA for the administration of Head Start programs. In order to keep track and account for all property leased to the NCCAA, staff recommends that the City of Corpus Christi consolidate all lease agreements into one lease. BACKGROUND: The City Council authorized funding from previous COBG Program years for the construction or use of the facilities described above by the NCCAA for Head Start activities. Lease agreements were developed for each of these facilities for $1.00 per year consideration, however, these leases expire at various times. The attached agreements consolidate all the NCCAA leases into one lease agreement which includes all previously executed leases. Lease one is a consolidated lease agreement that will allow the lease to continue on an interim basis for a period up to 120 days. Lease two is a consolidated lease agreement for a term of 10 years. REQUIRED COUNCIL ACTION: Authorize the City Manager or his designee to execute the consolidated lease agreements between the City of Corpus Christi and NCCAA. RECOMMENDATION: That the City Manager or his designee be authorized to execute a 120-clay lease and a 10 year lease with NCCAA for the following properties: A. Real and personal property including two (2) portable buildings located at Lot 1, Block 9, Three Fountains Unit #1, an addition to the City of Corpus Christi, also known as 1838 Frio Street; B. Real and personal property including one (1) portable building located at Lots 20 and 22, Block 2, Booty and Allen, an addition to the City of Corpus Christi, also known as 1311 7th Street; 48 C. D. E. F. G. Personal property consisting of two (2) portable buildings located at 3750 South Port Street (Housing Authority of Corpus Christi La Armada Unit); Personal property consisting of four (4) portable buildings located at 1402 West Point Road (Housing Authority of Corpus Christi Cliff Maus Unit); Real property and all Improvements located at Lot 12, Block 23, Meadow Park, an addition to the City of Corpus Christi, also known as 442 Mohawk; and Real property, described as Lots 20 and 21, Block 4, Gulfway-Airfine Park, Unit 1, an addition to the City of Corpus Christi, also known as 5839 Williams Drive. Real property and all improvements located at Lots 1 through 12, Block 11, Steele, an addition to the City of Corpus Christi, also known as 2801 Morris Street. 7J v4---~ W. Thomas Utter Assistant City Manager, Development Services .fu ORDINANCE AUTHORIZING THE CITY MANAGER OR IDS DESIGNEE TO EXECUTE A LEASE FOR ONE HUNDRED AND TWENTY DAYS WITH NUECES COUNTY COMMUNITY ACTION AGENCY (NCCAA) FOR SEVEN REAL AND PERSONAL PROPERTffiS IDENTIFIED ON THE ATTACHED AND INCORPORATED EXIllBIT A, IN CONSIDERATION OF NCCAA OPERATING HEAD START PROGRAMS FOR ELIGmLE CITIZENS OF CORPUS CHRISTI AND MAINTAINING THE PROPERTIES; AND PROVIDING FOR PUBLICATION. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager or his designee is authorized to execute a one hundred and twenty day lease with Nueces County Community Action Agency (NCCAA) for seven real and personal properties identified on the attached and incorporated Exhibit A. in consideration of NCCAA operating Head Start programs for eligible citizens of Corpus Christi and maintaining the properties. A copy of the lease is on file in the Office of the City Secretary. LOA\ORD2\ORD2.154 50 NUECES COUNTY COMMUNITY ACTION AGENCY LEASED PROPERTIES 1. Real and personal property including two (2) portable buildings located at Lot I, Block 9, 1bree Fountains Unit #1, an addition to the City of Corpus Christi, also known as 1838 Frio Street; 2. Real and personal property including one (I) portable building located at Lots 20 and 22, Block 2, Booty and Allen, an addition to the City of Corpus Christi, also known as 13 II 7th Street; 3. Personal property cousisting of two (2) portable buildings located at 3750 South Port Street (Housing Authority of Corpus Christi La Armada Unit); 4. Personal property consisting offoUT (4) portable buildings located at 1402 West Point Road (Housing Authority of Corpus Christi CliffMaus Unit); 5. Real property and all Improvements located at Lot 12, Block 23, Meadow Park, an addition to the City of Corpus Christi, also known as 442 Mohawk; 6. Real property, described as Lots 20 and 21, Block 4, Gulfway-Airline Park, Unit I, an addition to the City of Corpus Christi, also known as 5839 Williams Drive; and 7. Real property and all Improvements located at Lots I through 12, Block I I, Steele, an addition to the City of Corpus Christi, also known as 2801 Morris Street. EXHIBIT A 51 ORDINANCE AUTHORIZING THE CITY MANAGER OR IDS DESIGNEE TO EXECUTE A TEN YEAR LEASE, WITH AN OPTION TO RENEW FOR 10 YEARS, WlTHNUECES COUNTY COMMUNITY ACTION AGENCY (NCCAA) FOR SEVEN REAL AND PERSONAL PROPERTIES IDENTIFIED ON THE ATTACHED AND INCORPORATED EXHIBIT A, IN CONSIDERATION OF NCCAA OPERATING HEAD START PROGRAMS FOR ELlGmLE CITIZENS OF CORPUS CHRISTI AND MAINTAINING THE PROPERTIES; AND PROVIDING FOR PUBLICATION. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager of his designee is authorized to execute a ten year lease, with option to renew for ten years, with Nueces County Community Action Agency (NCCAA) for seven real and personal properties identified on the attached and incorporated Exhibit A, in consideration ofNCCAA operating Head Start programs for eligible citizens of Corpus Christi and maintaining the properties. A copy of the lease is on file in the office of the City Secretary. SECTION 2. Publication will be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. LOA \ORD2\ORD2.151 52 NUECES COUNTY COMMUNITY ACTION AGENCY LEASED PROPERTIES I. Real and personal property including two (2) portable buildings located at Lot I, Block 9, Three Fountains Unit #1, an addition to the City of Corpus Christi, also known as 1838 Frio Street; 2. Real and personal property including one (I) portable building located at Lots 20 and 22, Block 2, Booty and Allen, an addition to the City of Corpus Christi, also known as 13 I I 7th Street; 3. Personal property consisting of two (2) portable buildings located at 3750 South Port Street (Housing Authority of Corpus Christi La Armada Unit); 4. Personal property consisting offour (4) portable buildings located at 1402 West Point Road (Housing Authority of Corpus Christi CIiffMaus Unit); 5. Real property and all Improvements located at Lot 12, Block 23, Meadow Park, an addition to the City of Corpus Christi, also known as 442 Mohawk; 6. Real property, described as Lots 20 and 21, Block 4, Gulfway-AirIine Park, Unit I, an addition to the City of Corpus Christi, also known as 5839 Williams Drive; and 7. Real property and all Improvements located at Lots I through 12, Block I I, Steele, an addition to the City of Corpus Christi, also known as 280 I Morris Street. EXHIBIT A 53 8 CITY COUNCIL AGENDA MEMORANDUM May 18, 2000 AGENDA ITEM: A. Authorizing the City Manager, or his designee, to execute an eleven month lease with Texas A&M Corpus Christi for the use of the area located adjacent to the northern most Hobie Cat launching ramp on North Beach and the area located on the north side of Ocean Drive right-of-way on Ward Island, in consideration for the installation and operation of two CODAR Radio Towers and providing for the maintenance of the premises; providing for publication. B. Authorizing the City Manager, or his designee, to execute a five year lease with Texas A&M Corpus Christi for the use of the area located adjacent to the northern most Hobie Cat launching ramp on North Beach and the area located on the north side of Ocean Drive right-of-way on Ward Island, in consideration for the installation and operation of two CODAR Radio Towers and providing for the maintenance of the premises; providing for publication. ISSUE: The Conrad Blucher Institute for Survey and Science for Texas A&M Corpus Christi has requested permission from the City to install a CODAR radio system on two City sites. The granting of the lease must be by City Council action. CONCLUSION AND RECOMMENDATION: We believe that the data from the radio system consisting of wind, wave and current information will be significantly beneficial to the City, Port and other user groups and we recommend approval. '7J~l/4- W. Thomas Utter Assistant City Manager 54 BACKGROUND INFORMATION We have received a request from the Conrad Blucher Institute for Survey and Science to install a CODAR radio system at two City sites. This radio system consists of a trailer holding the hardware of approximately 5 feet by 8 feet and two antennas, each of approximately 20 feet in height. The CODAR radio system is a state of the art tracking system that will be used to gather wave, wind and current information about Corpus Christi Bay. Specifically, this information will be exceptionally beneficial with regard to such things as tracking oil spills and subsequent cleaning as well as erosion data. In addition, the University intends to place real time information on a web site where anyone can have access to actual bay conditions. This would be tremendously helpful to sailors, the Port, and other maritime interests. The two sites are as follows: 1. Site 1 is adjacent to the Hobie Cat storage and launching area on Corpus Christi Beach. The system will be installed on the north side of the access parking bollards on a site of approximately 50 feet. One of the antennas would be on a 20-feet pole next to the trailer with the second antenna being on a similar pole approximately 50 feet to the north. 2. The second location is on the north side of Ocean Drive right-of-way on Ward Island adjacent to the University. These two locations would allow the gathering of wind, wave and current data for the vast majority of Corpus Christi Bay. The precise location of the two sites would be determined by the Director of parks & Recreation (see attached Exhibits A and B). Under the terms of the lease, the City, to the extent allowed by Texas law, will be held harmless by the University and under no circumstances, will the City be responsible for any vandalism that could occur to the units. The data which can be gathered by this system both on a historic time line and in a real time setting will be very beneficial not only to the City, but any number of marine operators and interests. There are two leases under this agenda item. The first lease is an eleven month lease for the two sites. This lease would be effective upon second reading with a 28-day delay between first and second readings. The second lease is a five year least which would be effective 60 days after the second reading. The use of two leases simply allows the project to move forward on a faster basis. 55 I Texas A&M University-Corpus Christi Conrad Blucher Institute for Surveying and Science 6300 Ocean Drive. Corpus Christi. Texas 78412-5503 361-825-2376 Fax 361-825-2715 MEMORANDUM TO: Tom Utter Development Services City of Corpus Christi FROM: James Bonner, Ph.D., P.E. Executive Director Conrad Blucher Institute for surveying and Science RE: Memo of Understanding - CODAR Radio System The Conrad Blucher Institute requests permission From the City of Corpus Christi to install a CODAR radio system at two locations. The first location is adjacent to the northern most Hobie Cat launching ramp on North Beach. The system will be installed on the north side of the access parking bollards. The receiver antenna will be installed on a 20' pole next to the trailer. The transmitter antenna will be installed on a pole approximately 50 feet to the north of the trailer (See attached figures). r- The Second location is on the North side of the Ocean Drive right-of-way on Ward Island, adjacent to the University Campus. The location for the trailer would be across the street from the University's Sand Dollar parking area. adjacent to the 2nd light pole from the East edge of the campus. We would place the antennas on poles set down near the water's edge halfway to the next light pole to the East. The antenna cables would be buried and the transmitter antenna elevated out of reach by the public. We could use your assistance in getting the permits from the City for the CPL hook-ups at both locations. We will also like to work with you to get data (wave wind and current information for Corpus Christi bay) from the two locations available for use by the city. We assure the City of Corpus Christi is not financially responsible for any vandalism or damage to the equipment that may occur after the unit is installed. The Conrad Blucher Institute also assures the City of Corpus Christi that there is minimal risk to public safety. Thank you for your consideration. Sincerely, ~S~ Dr. James S. Bonner, Ph.D.. P.E. Executive Director Conrad Blucher Institute for Surveying and Science - ..~ ~- ~ '--~ ThF! 1':;:i1nd U:;IVE-rSI1V 56 r.ome of academlc ':?xcellence and diversity since ': ~47 / i ------.. NUECES BAY " ',~, '" .__---. ______I ,.--' ,,----..... /' ./~/. / / . . / . . ,',' // l/ i/ . f &/ #1", 'W:' ;jvv /- F / / I ~, \ " \, CORPUS CHRISTI BAY BURlE:SON I Location Map ~ 57 - SITE LAYOUT ~ 58 c '~_Vi_ '-'_ , , c .- ~ .~~ II>>ftRAc"A,' ,- Corpus Christi Bay Proposed locetion for K B' HF RADAR Unit Proposed H RA location for R Antenna ~-,..,.,--- . '''"''"- '", -"".. ..... DR/v -. Location #2 59 AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN ELEVEN MONTH LEASE WITH TEXAS A&M CORPUS CHRISTI FOR THE USE OF THE AREA LOCATED ADJACENT TO THE NORTHERNMOST HOBIE CATLAUNCIllNG RAMP ON NORTH BEACH AND THE AREA LOCATED ON THE NORTH SIDE OF OCEAN DRIVE RIGHT-OF-WAY ON WARD ISLAND, IN CONSIDERATION FOR THE INSTALLATION AND OPERATION OF TWO CODAR RADIO TOWERS AND PROVIDING FOR THE MAINTENANCE OF THE PREMISES; PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or designee, is authorized to execute an eleven month lease with Texas A&M Corpus Christi for the use of the area located adjacent to the northern most hobie cat launching ramp on North Beach and the area located on the north side of Ocean Drive right-of-way on Ward Island, in consideration for the installation and operation of two CODAR radio towers and providing for the maintenance of the premises. A copy of the lease is on file with the City Secretary. SECTION 2. The lease is to begin on the effective date City Council approves this ordinance and will end on the earlier of the effective date of a five year lease covering the same subject matter, terms and conditions as this lease or the eleven month anniversary of the effective date of this lease. SECTION 3. Publication will be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. BDMlordl.OOl 60 AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A FIVE YEAR LEASE WITH TEXAS A&M CORPUS CHRISTI FOR THE USE OF THE AREA LOCATED ADJACENT TO THE NORTHERN MOST HOBIE CAT LAUNCIllNG RAMP ON NORTH BEACH AND THE AREA LOCATED ON THE NORTH SIDE OF OCEAN DRIVE RIGHT-OF-WAY ON WARD ISLAND, IN CONSIDERATION FOR THE INSTALLATION AND OPERATION OF TWO CODAR RADIO TOWERS AND PROVIDING FOR THE YEAR-ROUND MAINTENANCE OF THE PREMISES; PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or designee, is authorized to execute a five year lease with Texas A&M Corpus Christi for th,e use of the area located adjacent to the northern most hobie cat launching ramp on North Beach alld the area located on the north side of Ocean Drive right-of- way on Ward Island, in consideration for the installation and operation of two CODAR radio towers and providing for the year-round maintenance of the premises. A copy of the lease is on file with the City Secretary. SECTION 2. The lease is to begin on the 61" day after City Council approval and will end on the five year anniversary thereof. SECTION 3. Publication will be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. BDM\ordI.002 61 9 ORDINANCE STATUS AGENDA ITEM: Ordinance - Disannexing from the City, the Island (owned by Kenneth L. Berry and wife, Brenda L. Berry ["Owner"]) located off Ingleside Point and comprising a part of John G. Hatch Survey in San Patricio County and adjusting the City Boundaries, conditioned upon formation of a Tourist Industrial District and inclusion of said Island in said district and execution of Tourist Industrial District Agreement; creating a Tourist Industrial District covering said Island; authorizing the City Manager or his designee to execute a Tourist Industrial District Agreement, effective as of May 23, 2000, with "Owner" Pursuant to S42.044 Texas Local Government Code and to file the Agreement in the official records of Nueces County, Texas. fiRST READING: May 16, 2000 Passed: 5-4 FINAL READING: May 23, 2000 COMMENTS: Ordinance will be amended prior to second reading by incorporating additional provisions in Article I, Article VI and Article IX of the Tourist Industrial District Agreement; placing limits on development size, establishing a reverter provision and requiring filing of the Agreement in both Nueces and San Patricio County. 62 Memo To: Honorable Mayor and Council Members From: W. Thomas Utter, Assistant City Manager Date: May 18, 2000 Subject: Berry Island Disannexation and Industrial District - Motion to Amend At the conclusion of the public hearing on the subject item, I talked with several of the Ingleside By the Bay residents who requested several changes in the Industrial District contract. Additionally, the staff has reviewed Council comments during the discussion. Two issues seemed to dominate. Those were: (1) size of the possible tourist development and (2) what would be the City's reaction if a breach by Berry occurs. I am recommending that the Tourist Industrial District Agreement be amended in three ways: 1. At the end of Article I of the Agreement, an additional (E) is added, as follows: (E) City and OWNER additionally agree that the number of bed and breakfast units operated on the land shall not exceed five (5) double-occupancy units. This effectively limits the size of any tourist development. 2. At the end of Article VI of the Agreement, an additional (E) is added, as follows: (E) Further, if OWNER breaches any provision of this Agreement, the use restrictions on said land shall revert to those restrictions under the City's R- 1 B zoning and the City's zoning ordinance and platting ordinance requirements and building codes shall become effective as additional provisions of this Agreement, incorporated herein by reference as if fully set forth at length, pending any further action by the City to annex said land. This subdivision (E) prevails over any conflicting provision of this Agreement. This change would place the Island back under virtually all City developmental controls even if the City Council, at the time, did not move forward with re- annexation. 63 3. I am recommending adding the following to the end of Article IX: "The City Manager shall file this Agreement in the Official Records of Nueces County, Texas and San Patricio County, Texas." This change is simply to incorporate the terms of the Agreement in both Nueces County and San Patricio County. I believe the motion to amend to include the three items significantly strengthens the Industrial District contract, adds much more specificity, and hopefully will give substantially more assurance that adequate controls are in place or will automatically be in place should there be a breach of the contract. 64 CITY COUNCIL AGENDA MEMORANDUM May 12, 2000 AGENDA ITEM: Disannexing from the City the Island (owned by Kenneth L. Berry and wife, Brenda L. Berry ["Owner"])located off Ingleside Point and comprising a part of John G. Hatch Survey in San Patricio County and adjusting the City boundaries, conditioned upon formation of a Tourist Industrial District and inclusion of said Island in said District and execution of Tourist Industrial District Agreement; creating a Tourist Industrial District covering said Island; authorizing the City Manager, or designee, to execute a Tourist Industrial District Agreement, effective as of May 16, 2000, with "Owner", pursuant to S 42.044 Texas Local Government Code and to file the Agreement in the Official Records Of Nueces County, Texas; and providing for severance; and declaring an emergency. ISSUE: A request has been received from Kenneth L. Berry and wife, Brenda L. Berry, to disannex a small island off Ingteside Point and to place the land within a Tourist Industrial District. Disannexation and the creation of a Tourist Industrial District require Council action. CONCLUSION AND RECOMMENDATION: We believe that the disannexation and Tourist Industrial District Agreement resolve the issue of services to the Island while at the same time protecting the City's revenue stream requires compliance with the Corps of Engineers permit and specifically not allowing any development of any greater intensity than tourist development. We recommend disannexation and the establishment of the Tourist Industrial District. Y CiIIJ, W. Thomas Utter Assistant City Manager 65 BACKGROUND INFORMATION City staff has received a request from Kenneth L. Berry and wife, Brenda L. Berry to disannex their property consisting of a small island off Ingleside point and to place the property in a Tourist Industrial District (see Exhibit 1). Composition of the area is somewhat complex in that the core of the Island was originally part of the San Patricio County mainland. When the La Quinta Channel was dug, that portion was separated from the mainland. However, it remains in San Patricio County. There has also been accretion to the Island which falls in Nueces County. Since the City limit line runs along the north shore of the Bay, the entire Island is located within the City. The Island is made up of approximately 231.793 acres. There is a small gas compression facility located on the Island and Mr. & Mrs. Berry have also placed a residential structure on the Island. The Island is unique in terms of location, configuration, and private ownership. There are no City services to the Island. In our discussions with Mr. & Mrs. Berry, they have requested that the City disannex their property and place the property in a Tourist Industrial District. The terms of the Tourist Industrial District which we are proposing are substantially different from the standard Industrial District Agreement which the City has utilized for industries along the ship channel. The proposed agreement is much shorter, but imposes substantially higher standards: · Use of the property shall be limited to tourist industry purposes, and no other industrial use (other than the gas compressor facility already located on the Island) shall be permitted. · The owner shall pay to the City in lieu of property taxes an amount equal to one hundred percent (100%) of the ad valorem taxes which would otherwise . be payable to the City for the land and improvements if the property were located inside the city limits. . No City services of any type would be provided for the property. · The term of the Agreement shall be limited to ten years, although the Municipal Annexation Act allows up to fifteen years. · In the event the agreement is terminated for cause by the City or is not extended, the Owner agrees to annexation by the City of Corpus Christi. 66 In addition, Mr. & Mrs. Berry have a U.S. Corps of Engineers Permit (#21500) which allows a bulkheading of the property to prevent additional erosion. We have proposed in the Industrial District Agreement to make any breach of that Corps of Engineers permit a breach under the Industrial District Agreement (see attached agreement and maps). 67 CO L� MW eside•0 • ....-••'"' - Port Pow Berry's Island V Aransas Corpus Christi' Bay of r � � TOURIST INDUSTRIAL DISTRICT AGREEMENT NO.1 THE STATE OF TEXAS 3 COUNTY OF NUECES 3 CITY OF CORPUS CHRISTI 3 This Agreement made and entered into by and between the CITY OF CORPUS CHRISTI, TEXAS, a municipal corporation of Nueces County, Texas, hereinafter called "CITY", and KENNETH L. BERRY AND WIFE, BRENDA L. BERRY, Landowner and Improvements Owner, and hereinafter collectively called "OWNER". WITNESSETH: WHEREAS, it is the established policy of the City Council of the City of Corpus Christi, Texas, to adopt reasonable measures permitted by law which will tend to enhance the economic stability and growth of the City and its environs and which will attract the location of new and expansion of existing industries therein, and said policy is hereby reaffirmed and adopted by this City Council as being in the best interest of the City and its citizens; and WHEREAS, OWNER is the owner of land and improvements on land within the extraterritorial jurisdiction of the City of Corpus Christi, which land shall upon executior- of this agreement by the City be known as "Corpus Christi Tourist Industrial District No. 1," and which land is more particularly described in Exhibit "A" attached hereto, and incorporated herein for all purposes, herein called "said land" and upon which OWNER has either constructed (and/or contemplates) the construction or expansion of improvements; and WHEREAS, pursuant to said policy and the provisions of Section 42.044, Texas Local Government Code, City desires to designate tourist industrial districts under appropriate circumstances; and WHEREAS, OWNER requested City to disannex said land and designate said land as a tourist industrial district and enter into this agreement with OWNER; and WHEREAS, City desires to encourage the updating, expansion and growth of tourist industries and for that purpose desires to enter into this Agreement with OWNER. NOW, THEREFORE, in consideration of the premises, the mutual agreements of the parties herein contained and pursuant to the authority granted under Section 42.044, Texas Local Government Code, City and OWNER hereby agree as follows: H:\LEG_DIRlVERONICA\DDCURTISIMYDOCSI20001IndustDKlBerryls7.wpd 69 2 I. (A) In consideration of City agreeing to disannex said land at the request of OWNER and designate said land described in Exhibit "N as a tourist industrial district, OWNER waives all rights to refund of taxes and fees which OWNER might otherwise be entitled to receive because of disannexation . (B) City hereby designates said land described in Exhibit "A" and any accretion thereto as a tourist industrial district. City and OWNER covenant and agree that the use of said land shall be strictly limited to uses: (1) allowable under the City's Zoning Ordinance in an A-2 District or for a bed and breakfast use and (2) primarily intended to serve tourists. OWNER'S compliance with the terms and conditions of that permit from the U.S. Army Corps of Engineers attached as Exhibit "B" shall not be a violation of this Agreement; however, any breach of the terms and conditions of said permit shall be a breach of this Agreement. Further, the existing use of a small portion of said land for a natural gas compressor station by oil and gas operators in Corpus Christi Bay shall not constitute a violation of this Agreement. The City covenants and agrees that during the term of this Agreement, and subject to the terms and provisions hereof, said land shall retain its extraterritorial status as a tourist industrial district and shall continue to retain that status until and unless the same is changed pursuant to the terms of this Agreement. Except as herein provided City further covenants and agrees that said land shall be immune from annexation. The agreements by OWNER in this Article I and in any other Articles of this Agreement which relate to said land or the use of said land shall be covenants running with said land for so long as this Agreement or any extension thereof remains in force. (C) During the term hereof City shall have no obligation to extend to said land any City services. (D) Further, City and OWNER agree that during the term hereof, City shall not require with respect to said land compliance with its rules or regulations (a) governing zoning and platting of said land or any additions thereto outside the City limits and in an industrial district; provided, however, OWNER further agrees that it will in no way divide said land or additions thereto without complying with State law and City ordinances governing subdivision of land, including the provisions of Article X of this Agreement; (b) prescribing any building, electrical, plumbing or inspection code or codes; or (c) prescribing any rules goveming the method of operations of OWNER's business, except as to those regulations relating to the delivery of utility services and waste disposal through City owned facilities. (E) City and OWNER additionally agree that the number of bed and breakfast units operated on the land shall not exceed five (5) double-occupancy units. H:Il.EG_DIRlVERONICAIODCURTlSIMYDOCSI2000UndustDKlBerryls7.wpd 70 3- II. The term of this Agreement shall be from the date of passage of the ordinance authorizing this agreement and continuing until December 31,2010, unless extended for additional period or periods of time upon mutual consent of OWNER and City as provided by the Municipal Annexation Act; provided, however, that in the event this Agreement is not so extended for an additional period or periods of time on or before January 31 of the year before the final calendar year of the term hereof, then the immunity from annexation granted herein shall terminate on that date, but all other terms of this Agreement shall remain in effect for the remainder of the term; provided, however, the effective date and time of the annexation shall be no earlier than midnight of December 31 of said final year of the term. As part of the consideration for this agreement, said annexation shall be treated as if OWNER had requested City to annex said land and OWNER hereby waives all of the following: (1) all procedural rights with respect to annexation; (2) all rights to request City services; and (3) all rights to request disannexation. III. (A) Each year during the term hereof, OWNER shall pay to City: (1) An amount in lieu of taxes on said land (excluding improvements and personal property located thereon) equal to one hundred percent (100%) of the amount of ad valorem taxes based upon the market value of said land which would otherwise be payable to City by OWNER if said land were situated within the city limits of City. (2) An amount in lieu of taxes on improvements, including personal property, located on said land equal to one hundred percent (100%) ofthe amount of ad valorem taxes which would otherwise be payable to City by , OWNER if said improvements and personal property were situated on land within the city limits of City. "Improvements" shall be as defined in Section 1.04(3) ofthe Texas Tax Code. (8) On or before March 31 of each year during the term of this Agreement, OWNER shall provide to City's Collection Section a written statement of its opinion of the market value sworn to by OWNER. H:\LEG-DIRIVERONICAIDDCURTlSIMYDOCSI20001InduslDKlBerryls7,wpd 71 4 IV OWNER agrees to pay to City on or before January 31 of the year following each year during the term hereof all payments in lieu of taxes provided for hereunder without discount for early payment. The present ratio of ad valorem tax assessment used by City is one hundred percent (100%) of the fair market value of property. Any change in the ratio used by City shall be reflected in any subsequent computations hereunder. This Agreement and the method of determining and fixing the amount of in lieu of taxes payments hereunder shall be subject to all provisions of law relating to determination of market value and taxation, including, but not limited to, laws relating to rendition, assessment, equalization and appeal. V In the event OWNER elects to protest the valuation set on any of its properties by City for any year or years during the term hereof, it is agreed that nothing in this Agreement shall preclude that protest and OWNER shall have the right to take all legal steps desired by it to reduce the same as if the property were located within the City. Notwithstanding any protest by OWNER, OWNER agreesto pay to City an initial in lieu of tax payment, on or before the date therefor hereinabove provided, of at least the amount of the payment in lieu of taxes on said land and improvements which would be due by OWNER to City hereunder on the basis of renditions filed by OWNER with City's Collection Section for that year or on the basis of the assessment thereof for the last preceding year, whichever is higher. When the valuation on said property has been finally determined, either as the result of final judgment of a court of competent jurisdiction or as the result of other final settlement of the controversy, then within thirty (30) days thereafter OWNER shall make to City any additional payment due based on said final valuation. If as a result of final judgment of a court of competent jurisdiction, or as the result of other final settlement of the controversy, the valuation of OWNER's property is established as an amount less than the amount used to compute the initial in lieu of tax payment for such year by OWNER, then within thirty (30) days thereafter City shall make to OWNER any payment due based on the difference between the initial payment and that which is computed based on the final settlement. VI (A) In the event OWNER fails or refuses to comply with all or any of the terms, conditions and obligations herein imposed upon the OWNER, then this Agreement may be terminated at the option of City and/or the City may elect to sue to recover any sum or sums remaining due hereunder or take any other action which in the sole discretion of the City it deems best. In the event the City elects to sue to recover any sum due under this Agreement, the same penalties, interest, attorney's fees, and cost of collection shall be recoverable by the City as would be recoverable in a suit to recover H:\LEG_DIRIVERONICAIODCURTIS\MYDOCSI2000llndusIDK\Berryls7. wpd 72 5,- delinquent ad valorem taxes. If the City elects to terminate this Agreement, then the City shall have the right to annex said land and said annexation shall be treated as if OWNER had requested City to annex said land and OWNER hereby waives all of the following : (1) all procedural rights with respect to annexation; (2) all rights to request City services; and (3) all rights to request disannexation. (8) City shall be entitled to a tax lien on said land and improvements, in the event of default in payment of in lieu of taxes payments hereunder, which may be enforced by City in the same manner as provided by law for the collection of delinquent ad valorem taxes. (C) In the event City breaches this Agreement by annexing or attempting to pass an ordinance annexing any of said land in violation of this Agreement, OWNER shall be entitled to enjoin City from the date of its breach for the balance of the term of this Agreement, from enforcing any annexation ordinance adopted in violation of this Agreement and from taking any further action in violation of this Agreement. If OWNER elects to pursue this remedy, then so long as City specifically performs its obligations hereunder, under injunctive order or otherwise, OWNER shall continue to make the annual payments required by this Agreement. (D) In addition, if OWNER breaches any provision of this agreement, City shall have the right, in its sole and absolute discretion, to obtain an injunction from a court of competent jurisdiction enforcing specific performance of that provision by OWNER. (E) Further, if OWNER breaches any provision of this agreement, the use restrictions on said land shall revert to those restrictions under the City's R-18 zoning and the City's zoning, platting and building codes ordinances shall become effective as additional provisions of this Agreement, incorporated herein by reference as if fully set forth at length, as if said land were in the City limits, pending any action by the City to annex said land. This subdivision (E) prevails over any conflicting provision of this Agreement. VII OWNER agrees to provide to City at OWNER's expense, a survey plat and field note description of said land. VIII (A) If any attempt to annex any of said land owned by OWNER is made by another municipality, or if the incorporation of any new municipality should be attempted so as to include within its limits said land, the City shall seek a temporary and H:\LEG-DIRIVERONICA\ODCURTISIMYDOCS\2000UndusIDKIBenyls7.wpd 73 6 permanent injunction against the annexation or incorporation, with the cooperation of OWNER, and shall take any other legal action as may be necessary or advisable under the circumstances. The cost of said legal action shall be borne equally by the parties hereto; provided, however, the fees of any special legal counsel shall be paid by the party retaining same. (B) In the event City and OWNER are unsuccessful in obtaining a temporary injunction enjoining the attempted annexation or incorporation, OWNER shall have the option of (1) terminating this Agreement, effective as of the date of the annexation or incorporation, or (2) continuing to make the in lieu of taxes payments required hereunder. Said option shall be exercised within thirty (30) days after the application for the temporary injunction is denied. In the event OWNER elects to continue the in lieu of taxes payments, the City shall place future payments hereunder together with part of the payment for the calendar year in which the annexation or incorporation is attempted, prorated to the date the temporary injunction or relief is denied, in a separate interest-bearing escrow account which shall be held by City subject to the following: (1) In the event final judgment (after all appellate review, if any, has been exhausted) is entered denying a permanent injunction and/or upholding the annexation or incorporation, then all those payments and accrued interest thereon shall be refunded to OWNER; or (2) In the event final judgment (after all appellate review, if any, has been exhausted) is entered granting a permanent injunction and/or invalidating the annexation or incorporation, then all those payments and accrued interest thereon shall be retained for use by City. IX This Agreement shall inure to the benefit of and be binding upon City and OWNER, and upon OWNER's successors and assigns, affiliates and subsidiaries, and shall remain in force whether OWNER sells, assigns, or in any other manner disposes of, either voluntarily or by operations of law, all or any part of said land, and the agreements herein contained shall be held to be covenants running with said land for so long as this Agreement or any extension thereof remains in force. The City Manager shall file this Agreement in the Official Records of Nueces County, Texas and San Patricio County, Texas. X Whenever the OWNER properly plats, subdivides and conveys to a buyer other than an affiliate a portion of the lands described in Exhibit "A" , OWNER shall fumish to H:\lEG_DIRIVERONICAIDDCURTlSIMYDOCSI200QUndusIDK\Benyls7.wpd 74 7 the City's Collection Section a revised Exhibit "A" , which revised exhibit or exhibits shall constitute an amendment to this Agreement, effective for the calendar year next following the calendar year in which the conveyance occurred. Seller shall remain solely responsible for any payments in lieu of taxes for the calendar year in which the conveyance occurred. Thereafter, the buyer shall be responsible for these payments. In the event the OWNER improperly plats, subdivides or conveys a portion of the lands described in Exhibit "A" , OWNER shall remain solely responsible for any payments in lieu of taxes applicable to the property, including improvements thereon, as if no plat, subdivision or conveyance had occurred. XI In all of its procurements, including, but not limited to, procurements of supplies, materials, equipment, service contracts, construction contracts, and professional services contracts, the OWNER shall use reasonable efforts to procure same from businesses located within Nueces and San Patricio Counties unless same are not reasonably and competitively available within said area. The OWNER shall make reasonable efforts to determine local availability and competitiveness but shall not be required to maintain records regarding this requirement other than those normally kept in its usual course of business. XII In the event anyone or more words, phrases, clauses, sentences, paragraphs, sections, articles or other parts of this Agreement or the application thereof to any person, firm, corporation or circumstances shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, then the application, invalidity or unconstitutionality of said word, phrase, clause, sentence, paragraph, section, article or other part of the Agreement shall be deemed to be independent of and separable from the remainder of this Agreement and the validity of the remaining parts of this Agreement shall not be affected thereby, unless the holding has the effect of diminishing the revenues payable to City hereunder. This Agreement may be executed in multiple counterparts, each of which is deemed an original. ENTERED into this 23rd day of May, 2000. H:\LEG_DIRIVERONICA\ODCURTlS\MYDOCS\2000~ndusIDK\Benyls7,wpd 75 8 OWNER KENNETH L. BERRY BRENDA L. BERRY . CITY OF CORPUS CHRISTI By: ATTEST: Armando Chapa, City Secretary David R. Garcia, City Manager OWNER ACKNOWLEDGMENT THE STATE OF TEXAS ~ COUNTY OF NUECES ~ This instrument was acknowledged before me on , 2000, by Kenneth L. Berry and Brenda L. Berry, husband and wife. [Seal] Notary Public, State of Texas_ Printed Name: My Commission expires: H:\LEG-DIRIVERONICAIDDCURTISIMYDOCS\200QUndustOKlBenyls 7.wpd 76 9 CITY OF CORPUS CHRISTI ACKNOWLEDGMENT STATE OF TEXAS S COUNTY OF NUECES S This instrument was acknowledged before me on , 2000, by David R. Garcia, City Manager of the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Notary Public, State of Texas Printed Name: My Commission expires: H:\LEG_DIRIVERONICAIODCURTIS\MYDOCS\2000UndusIDKIBerryls7.wpd 77 - AN ORDINANCE DISANNEXING FROM THE CITY OF CORPUS CHRISTI, TEXAS THE ISLAND (OWNED BY KENNETH L. BERRY AND WIFE, BRENDA L. BERRY ["OWNER'1) IN SAN PATRlCIO AND NUECES COUNTIES LOCATED OFF INGLESIDE POINT AND COMPRISING A PART OF JOHN G. HATCH SURVEY IN SAN PATRICIO COUNTY AND ADJUSTING THE CITY BOUNDARIES, CONDITIONED UPON FORMATION OF A TOURIST INDUSTRIAL DISTRICT AND INCLUSION OF SAID ISLAND IN SAID DISTRICT AND EXECUTION OF TOURIST INDUSTRIAL DISTRICT AGREEMENT; CREATING A TOURIST INDUSTRIAL DISTRICT COVERING SAID ISLAND; AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A TOURIST INDUSTRIAL DISTRICT AGREEMENT, EFFECTIVE AS OF MAY 23, 2000, WITH "OWNER", PURSUANT TO !i 42.044 TEXAS LOCAL GOVERNMENT CODE AND TO FILE THE AGREEMENT IN THE OFFICIAL RECORDS OF NUECES COUNTY, TEXAS AND SAN PATRlCIO COUNTY, TEXAS; PROVIDING FOR PUBLICATION; AND PROVIDING FOR SEVERANCE. WHEREAS, a public hearing was held on Tuesday, May 16, 2000, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested person were allowed to appear and be heard; and WHEREAS, the City Council has determined that this ordinance would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: . SECTION 1. That the Island, as described in the attached Exhibits "A-1". "A-2" & "B", owned by Kenneth L. Berry and Wife, Brenda L. Berry ["Owner'1,in San Patricio and Nueces Counties and located off Ingleside Point and comprising a part of John G. Hatch Survey in San Patricio County is hereby disannexed from the City of Corpus Christi, conditioned upon formation of a tourist industrial district and inclusion of said island in said district and execution of tourist industrial district agreement. SECTION 2. That the boundaries of the City of Corpus Christi, Texas are adjusted to exclude only that property comprising said island as described in said Exhibits" A-1", "A- 2" & "B". SECTION 3. That pursuant to !i 42.044 TEXAS LOCAL GOVERNMENT CODE the Corpus Christ Tourist Industrial District NO.1 covering the area described in said Exhibits "A-1", "A-2" & "B" is hereby created SECTION 4. That the City Manager, or his designee, is authorized to execute a Tourist Industrial District Agreement with KENNETH L. BERRY AND WIFE, BRENDA L. H:\LEG-DIRIVERONICAIODCURTlSIMYDOCS\200010RD2000.1 OOIODCORDOO, 1 27,wpd 78 BERRY, as Landowner and Improvements Owner ("OWNER"), pursuant to ! 42.044- TEXAS LOCAL GOVERNMENT CODE. The use of said land shall be strictly limited uses: (1) allowable under the City's Zoning Ordinance in an A-2 District or for a bed ana breakfast use and (2) primarily intended to serve tourists. This Tourist Industrial District Agreement shall be effective on May 23, 2000, and the City Manager shall file the Agreement in the Official Records of Nueces County, Texas and San Patricio County, Texas. A copy of said agreement is attached as Exhibit "C". SECTION 5. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose unless said holding has the effect of diminishing the revenue payable to the City under any agreement entered into under this ordinance. SECTION 6. Publication will be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. H:\LEG_DIRIVERONICAIDDCURTISIMYDOCS\200010RD2000.1 OOIDDCORDOO. 1 27,wpd 79 That the foregoing ordinance was read for the first time on this the 16th day of May, 2000, by the following vote and passed to its second reading on May 23, 2000: Samuel L. Neal, Jr. Rex A. Kinnison Javier D. Colmenero Betty Jean Longoria Melody Cooper John Longoria Henry Garrett Mark Scott Dr. Arnold Gonzales That the foregoing ordinance was read for the second time and passed finally on this the 23rd day of May, 2000, by the following vote: Samuel L. Neal, Jr. Rex A. Kinnison Javier D. Colmenero Betty Jean Longoria Melody Cooper John Longoria Henry Garrett Mark Scott ,- Dr. Arnold Gonzales PASSED AND APPROVED this the23rd day of May, 2000, ATTEST: Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor, City of Corpus Christi APPROVED AS TO LEGAL FORM May 19, 2000 James R. ray, Jr., ity Attorney r By: Doyle . urtis, Senior Assistant City Attorney H:\LEG-DIR\VERONICAIDDCURTISIMYDOCS\2000\ORD2000, 1 OOIDDCORDOO.127.wpd 80 " EXHIBIT "A-I" A part of the John G. 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EXHIBIT "A-2" Survey of Existing Shoreline, Ingleside Point "Claimed Area" Nueces COimty, Texas 6 83 4S47~ �v:.i. is ilw ygy:YNy' •HIIppIS[41110Y 1W[4[x[IYLLfyp 4IIRF glpx4l. • tRv,IFW 4t M V1t} v W CORPUS CHRISTI MY A NUECES COUNTY Iw � N urVl wl 1 wN .rylrn. w wi YYw..�.I~'IYI.YL�i Iw Ix... w.I„ rl...,.M,I r IIVIVNIIIA ..Lyir ii w:.x , mutes ' M.Nn wa Iw< t{. ✓A �'.Y �LY.:1!✓ G 200 ,G4 IXn[ 1' FI ILLL 'r 1 era. � iala.� 11>•:cer:i'�•I:fea Ii�:CG'Gtii :!I u?��aUm n���l i i•�.�ii 11 Z RCZIJ� SSS 1\�4 ice.-S:7f IR7•� Tim t!)• II:L�:l3• Iil>• 7 II:111S.. •.�:G:f�� R,� I IMLC S J,L� iz !•LJ J,�Ol.� I.a:p if:/ ,LII fy�lii li IFS BE = l Fu!r n 1Lt G aJ,L� a Ii i l i fN� I l Y[I I1JL\:, 31 J� .� IR SYS YLZ Y� :� ilI.LVL1 iL'JIIIIpI .� / W4 64 !MT 0I IN[ pp1 4 IMTCH GW VCS rrct� $M PATAI[IO CRWTY .r ..r n�P < / iyl - �II,W PCgt ql[L L Wv •MMI ;ny IL ULI. iw\Iarl�w�+r'•ir �uwb. w L,... >. o \ wLrY YIA Iw � Mnwxw.Il w . (a.0 i'YII S.:N YyIIIY INr .II .WINI f\ SURVEY OF w u qvo lx,. A PORTION OF THE JOHN G. SURVEY PATENT NO. 3064 VOLIUMEu10, ABSTRACT NO. 373 SAN PATRICIO COUNTY, TEXAS. EXHIBIT A-2 MI[t P Wb•Lv nlrvv at�L � v il6u- r � iita lq,m UZI. 1S(:il Ti33f:Y'�:I!Fa ISI�:L 4 FlJ')♦ V9i IS:1♦:. G 16)7♦'LTf i'a Ilii MI[t P Wb•Lv nlrvv at�L � v il6u- r EXHIBIT "B" Legal Descriptions of Boundaries of Individual Components of "Claimed Area" 7 ~~. RLF MO. 454'750_ ,..~- .- HAAS SURVEYING FILE NO. 454750 Michael Haas, RPLS, LSLS Telephone (512) 776-7007 Cellular (512) 960-7870 Route 1, Box 876 . 3370 Ave. A Ingleside, Texas 78362 January 28, 1997 97-106 FIELDNOTE DESCRIPTION of a portion of the John G. Hatch Survey, Patent No. 506, Volume 10, Abstract No. 373, San Patricio County, Texas, known as Ingleside Point; BEGINNING at a 5/8 inch iron rod set at the intersection of the existing shoreline at the westerly end of this tract with the original northerly shoreline depicted by map recorded in Volume 5, Page 36, Map Records of said County, (X = 2,405,723.42: Y = 790,594.09); THENCE, along said original shoreline, SOUTH 85 degrees-16 minutes EAST, 294.41 feet to a 5/8 inch iron rod set; THENCE, along said original shoreline, SOUTH 88 degrees-16 minutes EAST, 509.50 feet to a 5/8 inch iron rod set; THENCE, along said original shoreline, NORTH 84 degrees-29 seconds EAST, 502.31 feet; THENCE, along said original shoreline, SOUTH 66 degrees-23 minutes EAST, 469.00 feet to a 5/8 inch iron rod set; THENCE, along said original shoreline, SOUTH 59 degrees-31 minutes EAST, at 312.00 feet pass a 5/8 inch iron rod set on the top of a man-made levee, in all 589.69 feet; THENCE, along said original shoreline, SOUTH 69 degrees-42 minutes EAST, 444.44 feet; THENCE, along said original shoreline, SOUTH 79 degrees-06 minutes EAST, 433.19 feet; E:x:H:WIT B 1 OF 19 ALE NO. 454 7~jO THENCE, along said original shoreline, SOUTH 86 degrees-16 minutes EAST, at 772,00 feet pass a 5/8 inch iron rod set on the top of a man-made levee, in all 1035.20 feet to a 5/8 inch iron rod set on the existing shoreline near the northwesterly corner of that 48.33 acre tract described in Deed recorded in Volume 177, Page 307, Deed Records of said County; THENCE, along said existing shoreline, SOUTH 31 degrees-40 minutes-08 seconds EAST, 122.65 feet; THENCE, along said existing shoreline, SOUTH 41 degrees-20 minutes-04 seconds EAST, 361.14 feet to the westerly boundary of said 48.33 acre tract; THENCE, along said westerly boundary, SOUTH 23 degrees-43 minutes-54 seconds EAST, 1170.55 feet to the existing shoreline; THENCE, along said existing shoreline, SOUTH 29 degrees-12 minutes-11 seconds WEST, 286.30 feet; THENCE, along said existing shoreline, SOUTH 40 degrees-19 minutes-25 seconds WEST, 170.80 feet; THENCE, along said existing shoreline, SOUTH 54 degrees-30 minutes-04 seconds WEST, 145.64 feet; THENCE, along said existing shoreline, SOUTH 67 degrees-45 minutes-17 seconds WEST, 33.32 feet to the original southerly shoreline; THENCE, along said original shoreline, NORTH 61 degrees-28 minutes WEST, at 360.80 feet pass a 5/8 inch iron rod set for line, at 870.44 feet pass a 5/8 inch iron rod set for line, in all 11 00.44 feet to a 5/8 inch iron rod set; THENCE, along said original shoreline, NORTH 62 degrees-55 minutes WEST, 1615.50 feet to a 5/8 inch iron rod set; THENCE, along said original shoreline, NORTH 60 degrees-13 minutes WEST, 284.61 feet; THENCE, along said original shoreline, NORTH 60 degrees-50 minutes WEST, 401.81 feet; THENCE, along said original shoreline, NORTH 65 degrees-54 minutes WEST, at 136.69 feet pass a 5/8 inch iron rod set on top of a man-made levee, in all 334.69 feet to a 5/8 inch iron rod set; EpnBIT B 2 OF 19 -. "~ FILE NO. 454750 THENCE, along said original shoreline, NORTH 59 degrees-57 minutes WEST, 473.31 feet to a 5/8 inch iron rod set; THENCE, along said original shoreline, NORTH 58 degrees-01 minutes WEST, 314.25 feet to the existing shoreline; THENCE, along said existing shoreline, NORTH 21 degrees-05 minutes-55 seconds WEST, 64.33 feet; THENCE, along said existing shoreline, NORTH 33 degrees-36 minutes-59 seconds WEST, 189.47 feet; THENCE, along said existing shoreline, NORTH 40 degrees-37 minutes-03 seconds WEST, 162.95 feet; THENCE, along said existing shoreline, NORTH 40 degrees-10 minutes-43 seconds WEST, 173.09 feet; THENCE, along said existing shoreline, NORTH 85 degrees-34 minutes-05 seconds WEST, 63.58 feet; THENCE, along said existing shoreline, NORTH 47 degrees-08 minutes-25 seconds WEST, 131.21 feet to the POINT OF BEGINNING. CONTAINING 116.607 acres, more or less. NOTE: See attached Survey Drawing and Surveyors Report. This description is part of a survey drawing and surveyors report of the same date and IS NOT complete without them. Coordinate and bearings are based on the Texas State Plane Coordinate System, South Zone. CAUTION: PORTIONS OF THIS PROPERTY HAVE BEEN FILLED WITH DREDGE DISPOSAL. SOME AREAS, ESPECIALLY NEAR THE WESTERLY PORTION OF THE LEVEED AREA ARE DANGEROUS AND ATTEMPTING TO WALK THERE COULD BE FATAL CONSULT AN EXPERIENCED DREDGING CONTRACTOR BEFORE WALKING INSIDE THE LEVEED PORTION OF THIS PROPERTY. ftU;tJ~ Michael Haas, L.S.L.S./R.P.L.S. ExemIT B '101" 10 FILE NO. 454750 HAAS SURVEYING Michael Haas, RPLS, LSLS Telephone (512) 776-7007 Cellular (512) 960-7870 Route 1, Box 876 * 3370 Ave. A Ingleside, Texas 78362 February 4, 1997 Job No. 97-106 TRACT A FIELDNOTE DESCRlPTON of a portion of the John G. Hatch Survey, Abstract No. 373, San Patricio County, Texas (now submerged) known as Ingleside Point, as shown by map recorded in Volume 5, Page 36, Map Records of said County; BEGINNING at a 5/8 inch iron rod set at the intersection of the existing shoreline at the westerly end of said Ingleside Point with the original shoreline depicted by said recorded map (X=2,405,723.42 : Y=790,594.09); THENCE, along said existing shoreline the following: SOUTH 47 degrees-08 minutes-25 seconds EAST, 131.21 feet, SOUTH 85 degrees-34 minutes-05 seconds EAST, 63.58 feet, SOUTH 40 degrees-10 minutes-43 seconds EAST, 173.09 feet, SOUTH 40 degrees-37 minutes-03 seconds EAST, 162.95 feet, SOUTH 33 degrees-36 minutes-59 seconds EAST, 189.47 feet and SOUTH 21 degrees-05 minutes-55 seconds EAST, 64.33 feet to the original shoreline, also being the shoreline described by Patent from the State of Texas to Nueces County Navigation District No. 1 (now the Port of Corpus Christi Authority) recorded in Volume 455, Page 586, Deed Records, Nueces County; EXHIBIT B 4 OF 19 ALE NO. 454750 .- THENCE. along said original shoreline and patent line, NORTH 58 degrees-01 minutes WEST, 568.36 feet and NORTH 48 degrees-23 minutes WEST, 439.69 feet to the most westerly corner; THENCE, along said common line, SOUTH 85 degrees-16 minutes EAST, 306.70 feet to the POINT OF BEGINNING. CONTAINING 2.956 acres, more or less. NOTE: This description is part of a survey drawing, description and Surveyors Report dated January 27 and 28, 1997 and is not complete without them. Coordinate and bearings are based on the Texas State Plane Coordinate System, South Zone. ~/~ Mic ael Haas, L.S.L.S.lR.P.L.S. ~ITB 5 OF 19 HAAS SURVEYING Fll.E NO. 454750- Michael Haas, RPLS, LSLS Telephone (512) 776-7007 Cellular (512) 960-7870 Route 1, Box 876 * 3370 Ave. A Ingleside, Texas 78362 February 4, 1997 Job No. 97-106 TRACT B FIELDNOTE DESCRIPTION of a portion of formerly submerged land patented by the State of Texas to the Nueces County Navigation Disctrict No. 1 (now the Port Authority of Corpus Christi) recorded in Volume 455, Page 586, Deed Records, Nueces County, adjoining the John G. Hatch Survey, Abstract No. 373, San Patricio County, known as Ingleside Point, as shown by map recorded in Volume 5, Page 36, Map Records, San Patricio County; BEGINNING at a 5/8 inch iron rod set at the intersection of the existing shoreline at the westerly end of said Ingleside Point with the original shoreline depicted by said recorded map (X=2,405,723.42 : Y=790,594.09); THENCE, along said existing shoreline the following; NORTH 23 degrees-11 minutes-39 seconds WEST 215.61 feet; NORTH 3 degrees-09 minutes-Q2 seconds WEST 136.73 feet; NORTH 16 degrees-06 minutes-Q6 seconds EAST 87.61 feet; NORTH 45 degrees-35 minutes-26 seconds EAST 81.10 feet; NORTH 66 degrees-32 minutes-13 seconds EAST 80.19 feet; NORTH 50 degrees-36 minutes-59 seconds EAST 107.17 feet; NORTH 59 degrees-52 minutes-29 seconds EAST 153.50 feet; SOUTH 88 degrees-26 minutes-34 seconds EAST 80.19 feet; EfumIT B 6 OF 19 F1Lf NO. SOUTH 04 degrees-37 minutes-04 seconds WEST 27.91 feet; 454750 NORTH 71 degrees-53 minutes-23 seconds WEST 49.12 feet; SOUTH 69 degrees-10 minutes-25 seconds WEST 94.07 feet; SOUTH 21 degrees-54 minutes-39 seconds WEST 82.23 feet; SOUTH 54 degrees-45 minutes-29 seconds WEST 58.30 feet; SOUTH 45 degrees-29 minutes-34 seconds EAST 62.48 feet; SOUTH 79 degrees-49 minutes-45 seconds EAST 106.83 feet; SOUTH 64 degrees-32 minutes-OO seconds EAST 120.93 feet; SOUTH 36 degrees-10 minutes-42 seconds EAST 77.93 feet; SOUTH 81 degrees-33 minutes-58 seconds WEST 56.48 feet; NORTH 60 degrees-59 minutes-42 seconds WEST 77.59 feet; NORTH 45 degrees-49 minutes-24 seconds WEST 59.00 feet; NORTH 84 degrees-40 minutes-22 seconds WEST 73.38 feet; SOUTH 56 degrees-57 minutes-52 seconds WEST 64.72 feet; SOUTH 36 degrees-50 minutes-16 seconds EAST 62.24 feet; SOUTH 69 degrees-07 minutes-06 seconds EAST 67.06 feet; NORTH 34 degrees-57 minutes-28 seconds EAST 27.44 feet; SOUTH 59 degrees-53 minutes-26 seconds EAST 118.25 feet; SOUTH 48 degrees-51 minutes-50 seconds EAST 195.96 feet; SOUTH 54 degrees-08 minutes-39 seconds EAST 217.62 feet; and SOUTH 73 degrees-14 minutes-17 seconds EAST 109.90 feet to the original shoreline and patent line; EXHmIT B 7 OF 19 ALE NO. 454750 THENCE, along said common line, NORTH 88 degrees-16 minutes WEST, 509.50 feet and NORTH 85 degrees-16 minutes WEST, 294.41 feet to the POINT OF BEGINNING. CONTAINING: 5.839 acres more or less. NOTE: This description is part of a survey drawing, description and Surveyors Report dated January 27 and 28, 1997 and is not complete without them. Coordinate and bearings are based on the Texas State Plane Coordinate System, South Zone. M~~:1:~.S. 1WH1RIT. B 8 OF 19 HAAS SURVEYING FIlE NO. 4547!iO Michael Haas, RPLS, LSLS Telephone (512) 776-7007 Cellular (512) 960-7870 Route 1, Box 876 . 3370 Ave. A Ingleside, Texas 78362 February 4, 1997 Job No. 97-106 TRACT D FIELDNOTE DESCRIPTION of a portion of formerly submerged land patented by the State of Texas to the Nueces County Navigation District No. 1 (now the Port Authority of Corpus Christi) recorded in Volume 455, Page 586, Deed Records, Nueces County, adjoining the John G. Hatch Survey, Abstract No. 373, San Patricio County, known as Ingleside Point, as shown by map recorded in Volume 5, Page 36, Map Records, San Patricio County; BEGINNING at the intersection of a northerly bondary of said Hatch Survey with the existing shoreline (X=2,407,223.69 : Y=790,516.27) THENCE, along said existing shoreline the following: NORTH 28 degrees-29 minutes-48 seconds EAST 98.91 feet, NORTH 79 degrees-32 minutes-17 seconds EAST 940.78 feet, SOUTH 86 degrees-41 minutes-10 seconds EAST 146.99 feet, NORTH 82 degrees-13 minutes-51 seconds EAST 121.21 feet, SOUTH 73 degrees-40 minutes-45 seconds EAST 261.65 feet, SOUTH 65 degrees-41 minutes-33 seconds EAST 415.13 feet, SOUTH 58 degrees-57 minutes-52 seconds EAST 102.40 feet, SOUTH 41 degrees-47 minutes-20 seconds EAST 316.89 feet, SOUTH 54 degrees-34 minutes-14 seconds EAST 391.16 feet, EXHmIT B 9 OF 19 FILENO. 454750 and SOUTH 31 degrees-40 minutes-OO seconds EAST 246.21 feet to the original shoreline and patent line; THENCE, along said common line NORTH 86 degrees-16 minutes WEST 1,035.20 feet, NORTH 79 degrees-06 minutes WEST 433.19 feet, NORTH 69 degrees-42 minutes WEST 444.44 feet, NORTH 59 degrees-31 minutes WEST 589.69 feet and NORTH 66 degrees-23 minutes WEST 253.32 feet to the POINT OF BEGINNING. CONTAINING 31.701 acres more or less. NOTE: This description is part of a survey drawing, description and Surveyors Report dated January 27 and 28, 1997 and is not complete without them. Coordinate and bearings are based on the Texas State Plane Coordinate System, South Zone. tuv;/J iluo.; Michael Haas, L.S.L.SJR.P .L.S. EXHIBIT B 10 OF 19 454750 HAAS SURVEYING RLE NO. Michael Haas, RPLS, LSLS Telephone (512) 776-7007 Cellular (512) 960-7870 Route 1, Box 876 * 3370 Ave. A Ingleside, Texas 78362 February 4, 1997 Job No. 97-106 TRACT E FlELDNOTE DESCRIPTION of a portion (now submerged) of the John G. Hatch Survey, Abstract No. 373, San Patricio County, Texas, known as Ingleside Point, as shown by map recorded in Volume 5, Page 36, Map Records; BEGINNING at a 5/8 inch iron rod set at the intersection of the existing shoreline with the original shoreline as shown on said Map (X=2,409,839.18 : Y=789,812.12); THENCE, along said original shoreline SOUTH 86 degrees-16 minutes EAST, 148.33 feet to the northwesterly comer of a 48.33 acre easement described as "First Tracf' in that deed recorded in Volume 177, Page 307, Deed Records; THENCE, along the westerly boundary of said easement, SOUTH 23 degrees-43 minutes-54 seconds EAST, 397.33 feet to the existing shoreline; THENCE , along said existing shoreline, NORTH 41 degrees-20 minutes-04 seconds WEST 361.14 feet and NORTH 31 degrees-40 minutes 08 seconds WEST, 122.65 feet to the POINT OF BEGINNING. CONTAINING 0.690 acres more or less. NOTE: This descripton is part of a survey drawing, description and Surveyors Report dated January 27 and 28, 1997 and is not complete without them. Coordinate and bearings are based on the Texas State Plane Coordinate System, South Zone. )kkI H~ Michael Haas, L.S.L.S./R.P.L.S. 96 EXHIBIT B 11 OF lQ HAAS SURVEYING RLE NO. 45475P- Michael Haas, RPLS, LSLS Telephone (512) 776-7007 Cellular (512) 960-7870 Route 1, Box 876 * 3370 Ave. A Ingleside, Texas 78362 February 4, 1997 Job No. 97-106 TRACT F FIELDNOTE DESCRIPTION of a portion of the John G, Hatch Survey, Abstract No. 373, San Patricio County, Texas, known as Ingleside Point, as shown by map recorded in Volume 5, Page 36, Map Records, situated within that 48.33 acre easement described as "First Tract" in that deed recorded in Volume 177, Page 307, Deed Records; BEGINNING at the northerly intersection of the westerly boundary of said easement with the existing shoreline (X=2,410,142.09 : Y=789,436.59); THENCE. along said existing shoreline SOUTH 41 degrees-20 minutes-04 '; seconds EAST, 503.53 feet, SOUTH 25 degrees-10 minutes-48 seconds EAST, 570.26 feet, SOUTH 46 degrees-48 minutes-21 seconds WEST, 67.83 feet, SOUTH 21 degrees-21 minutes-35 seconds WEST, 118.88 feet, and SOUTH 29 degrees-12 minutes-10 seconds WEST, 23.24 feet to the westerly boundary of said easement; THENCE, along said westerly boundary, NORTH 23 degrees-43 minutes-54 seconds WEST, 1,170.55 feet to the POINT OF BEGINNING. CONTAINING 3.116 acres, more or less. 97 EXHIBIT B 1.., nu 1n FrLENO. 454750 - NOTE: This description is part of a survey drawing, description and Surveyors Report dated January 27 and 28, 1997 and is not complete without them. Coordinate and bearings are based on the Texas State Plane Coordinate System, South Zone. ~~ Michael Haas, L.S.L.SJR.P.L.S. 98 EXHIBIT B 1':1 nJ:'.n RLf: NO. HAAS SURVEYING 454750- Michael Haas, RPLS, LSLS Telephone (512) 776-7007 Cellular (512) 960-7870 Route 1, Box 876 . 3370 Ave. A Ingleside, Texas 78362 February 4, 1997 Job No. 97-106 TRACT G FIELDNOTE DESCRIPTION of a portion of the John G. Hatch Survey, Abstract No. 373, San Patricio County, Texas, (now submerged) known as Ingleside Point, as shown by map recorded in Volume 5, Page 36, Map Records; BEGINNING at the intersection of the original southerly shoreline shown on said map with he westerly boundary of that 48.33 acre easement described as "First Tract" in that deed recorded in Volume 177, Page 307, Deed Records, also being on the original patent line to the Nueces County Navigation District No. 1 (now the Port of Corpus Christi Authority) (X=2,410,929.35 : Y= 787,576.82); THENCE, along said original shoreline and patent line NORTH 65 degrees-39 minutes WEST, 206.59 feet, NORTH 67 degrees-38 minutes WEST, 500.00 feet, and NORTH 61 degrees-28 minutes WEST 74.20 feet to the existing shoreline; THENCE, along said existing shoreline NORTH 67 degrees-45 minutes-17 seconds EAST, 33.32 feet, NORTH 54 degrees-30 minutes-04 seconds EAST, 145.64 feet. NORTH 40 degrees-19 minutes-25 seconds EAST, 170.80 feet, and NORTH 29 degrees-12 minutes-11 seconds WEST. 286.30 feet to the westerly boundary of said easement; THENCE, along said westerly boundary, SOUTH 23 degrees-43 minutes-54 seconds EAST, 849.24 feet to the POINT OF BEGINNING. ~ITB ld{'\1<' 10 -. FIle NO. 454750 CONTAINING 4.871 acres, more or less. NOTE: This description is part of a survey drawing, description and Surveyors Report dated January 27 and 28, 1997 and is not complete without them. Coordinate and bearings are based on the Texas State Plane Coordinate System, South Zone. 7J&4/J ~ Michael Haas, L.S:L.S./R.P.L.S. E:xHffirr B 15 OF 19 HAAS SURVEYING ALE NO. 454750 _ Michael Haas, RPLS, LSLS Telephone (512) 776-7007 Cellular (512) 960-7870 Route 1, Box 876 . 3370 Ave. A lngleside. Texas 78362 February 4, 1997 Job No. 97-106 TRACT H FIELDNOTE DESCRIPTION of a portion of formerly submerged land patented by the State of Texas to the Nueces County Navigation District No. 1 (now the Port Authority of Corpus Christi) recorded in Volume 455, Page 586, Deed Records, Nueces County, adjoining the John G. Hatch Survey, Abstract No. 373, San Patricio County, known as Ingleside Point, as shown by map recorded in Volume 5, Page 36, Map Records, San Patricio County; BEGINNING at the intersection of the southerly original shoreline depicted by said recorded map with the existing shoreline (X=2,406,228.79 : Y=790,026.19); THENCE, along said original shoreline and the shoreline described by Patent from the State of Texas to Nueces County Navigation District No. 1 (now the Port of Corpus Christi Authority) recorded in Volume 455, Page 586, Deed Records, Nueces County, SOUTH 58 degrees-01 minutes EAST 314.25 feet, SOUTH 59 degrees-57 minutes EAST 473.31 feet, SOUTH 65 degrees-54 minutes EAST 334.69 feet, SOUTH 60 degrees-50 minutes EAST 401.81 feet, SOUTH 60 degrees-13 minutes EAST 284.61 feet, SOUTH 62 derees-55 minutes EAST 1,615.50 feet, and SOUTH 61 degrees-28 minutes-DO seconds EAST 1,100.44 feet to the existing shoreline, EmmIT B 16 OF 19 RLE NO. 454750 THENCE, along said existing shoreline SOUTH 67 degrees-45 minutes-17 seconds WEST, 290.23 feet, SOUTH 76 degrees-11 minutes-32 seconds WEST, 309.28 feet, SOUTH 89 degrees-56 minutes-51 seconds WEST, 259.86 feet, NORTH 86 degrees-56 minutes-38 seconds WEST, 231.20 feet, NORTH 81 degrees-35 minutes-19 seconds WEST, 261.78 feet, NORTH 74 degees-16 minutes-17 seconds WEST, 388.37 feet, NORTH 45 degrees-06 minutes-29 seconds WEST, 54.03 feet, NORTH 67 degrees-22 minutes-17 seconds WEST, 207.38 feet, NORTH 64 degrees-58 minutes-33 seconds WEST, 185.96 feet, NORTH 72 degrees-41 minutes-53 seconds WEST, 164.00 feet, NORTH 64 degrees-14 minutes-33 seconds WEST, 211.83 feet, NORTH 52 degrees-22 minutes-36 seconds WEST, 230.24 feet, NORTH 45 degrees-02 minutes-41 seconds WEST, 367.67 feet, NORTH 47 degrees-29 minutes-53 seconds WEST, 306.34 feet, NORTH 33 degrees-52 minutes-34 seconds WEST, 186.17 feet, NORTH 44 degrees-30 minutes-36 seconds WEST, 466.89 feet, NORTH 29 degrees-45 minutes-56 seconds WEST, 84.15 feet, NORTH 22 degrees-48 minutes-02 seconds WEST, 95.82 feet, NORTH 35 degrees-35 minutes-37 seconds WEST, 172.42 feet, NORTH 35 degrees-30 minutes-01 seconds WEST, 127.11 feet, NORTH 35 degrees-15 minutes-14 seconds WEST, 137.62 feet, NORTH 30 degrees-41 minutes-47 seconds WEST, 173.88 feet, ----- EXHIBIT B 17 OF 19 FILENO. 454'750 and NORTH 21 degrees-05 minutes-55 seconds WEST, 72.15 feet to the POINT OF BEGINNING. CONTAINING: 60.013 acres more or less. NOTE:This description is part of a survey drawing, description and Surveyors Report dated January 27 and 28, 1997 and is not complete without them. Coordinate and bearings are based on the Texas State Plane Coordinate System, South Zone. (tIdd ~ Michael Haas, L.S.L.S./R.P.L.S. . IlXHIBIT B 18 OF 19. .-..-.. 10 City Council Agenda Memorandum Date: May 12, 2000 AGENDA ITEM: AMENDING ORDINANCE NO. 023702 WHICH ADOPTED THE FY 99-00 BUDGET, BY INCREASING APPROPRIATIONS IN CERTAIN FUNDS, ADJUSTING THE AMOUNTS OF CERTAIN INTERFUND TRANSFERS, AND INCREASING REVENUE ESTIMATES; AND DECLARING AN EMERGENCY. ISSUE: Current fiscal year revenue shortfall, greater than projected budgeted expenditures, and a lower than projected beginning fund balance will require the implementation of various revenue and expenditure actions. RECOMMENDATION: Approval of Ordinance as submitted and approval of revenue and expenditure actions as recommended by City Manager Attachment: Additional Background Information 104 Agenda Memorandum Additional Background Information BACKGROUND: The analysis and projections of current fiscal year revenues and expenditures have been completed. The results of the analysis show that General Fund revenues will be $ 761,053 less than budgeted. The analysis also shows Generai Fund expenditures will be greater than the projected budget by $ 1,197.175. These two factors taken together with a smaller than projected beginning balance, place the General Fund in a critical position which requires addITional immediate action. Based on preliminary data available during the January 25, 2000 General Fund Budget Update and Forecast, I informed you of the development of an Interim Strategic Budget Reduction Plan; this plan was Implemented effective February 1, 2000. The plan has had a positive budget impact, and has maintained departmental expenditures at or below budgeted levels. A significant amount of unbudgeted, retirement drag-up costs have offset the majority of the budget gains. Below is a summary of the current year drag-up costs: Firefighters: Police: Civilian: $ 2,208,949 $ 546,818 $ 321.400 $3,On,167 Total Although we have experienced some revenue gains, including a significant gain of $ 1,055,625 in the Administrative Cost Recovery Fees, large losses in five major revenues have impacted our revenue position. The major revenue shortfalls are as follows: Total ($ 360.212) ($ 292.270) ($ 395,241) ($ 353,830) ($ 629.373) ($ 2,030,926) Ad Valorem Taxes: Sales Tax: Electrical Franchise: Landfill Disposal: Municipal Court Fines: To improve the General Fund financial pOSITion for the current fiscal year, we have implemented a three-point strategy: 1. The selective hiring freeze was revised to an absolute freeze on all pOSITions; 2. The budget staff will work to identify mid-year reductions or budgetary changes that can be implemented. These may include reduction or deferral of budgeted expenses as well as special budget amendments which might be considered to provide added resources to build the General Fund balance; 3. Once item two has been completed, the highest priority is to review the proposed budget reductions that have been submitted by departments. The intent of such a review would be to identify those that might be implemented during the current year to achieve savings in FY 00. Based on the initial results of items two and three of the three-point strategy, staff recommends several revenue and expenditure actions. 105 Recommended Revenue & Expenditure Actions Revenues Amount 1 Implementation Of a revised Street Recovery Fee - Assessed to iii 667,400 Utilities 2 Increase Fire Hydrant Maintenance Rate $ 53,430 Total Revenue Impact $ 720,830 Expenditures 3 General Fund ContJibution for Economic Development should be ($ 281.250) shared equally with the Utilities 4 Utilize existing funds available within the Self Insurance Fund for ( $475,330) repayment of loan obligations. and reduce budgeted General Fund transfers 5 Eliminate the summer Middle School recreational program. During ($ 27,856) the previous summer, this program served 267 youths. At this time, there are other existing recreational and program alternatives within the community. Total Expenditure Impact ($ 784,436) Total Fund Balance Impact $ 1,505,266 In addition to the recommended revenue and expenditure actions, several cost reduction opportunities have been identified which will realize savings of $ 203,426 in the current fiscal year. The proposed ordinance includes the net impact of the recommended revenue and expenditure actions, as well as the net impact of the Administrative Cost Recovery fees in the final Full Cost Recovery Plan prepared by KPMG. Below is a summary of the adjustments for the final Full Cost Plan: Amount In Adopted Final Amount In Full Adjustment Budget Cost Plan Visitors Facility Fund Gas Fund Wastewater Fund Water Fund Airport Fund Ambulance Fund Golf Centers Fund Marina Fund 348,892 992.734 1,016,856 1,906,631 204,686 280.679 91,363 50,869 4,892,710 365,646 760,701 768,208 1,305,758 204,193 303,486 76,972 52,121 3,837,085 106 (16,754) 232.033 248.648 600,873 493 (22.807) 14,391 (1,252) 1,055,625 Based on the dollar amounts, the proposed ordinance includes only the adjustments necessary for the Water, Wastewater, and Gas Funds. The additional proposed appropriation increases within the Utility Funds reflect the amounts for the revised Street Recovery Fee. The proposed appropriation increase in the General Fund is the net resuit of various departmental budget reductions, the impact of the retirement drag-up costs, and the recommended expenditure actions. 107 AN ORDINANCE AMENDING ORDINANCE NO. 023702, WHICH ADOPTED THE FY 99-00 BUDGET, BY INCREASING APPROPRIATIONS IN CERTAIN FUNDS, ADJUSTING THE AMOUNTS OF CERTAIN INTERFUND TRANSFERS, AND INCREASING REVENUE ESTIMATES; AND DECLARING AN EMERGENCY. WHEREAS, the current fiscal year revenue shortfall, greater than projected budgeted expenses, and a lower than projected beginning fund balance will require implementation of various revenue and expenditure actions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION I. That $2.161,693 is appropriated from unreserved fund balances as follows: No. 102 General Fund $412,739 and Combined Utility System Fund $1,748,954. SECTION 2. That Ordinance No. 023702, which adopted the FY 99-00 budget, is amended by adjusting the amounts of certain interP.md transfers according to the tables in Exhibit A of this ordinance, which is incorporated by reference and made part ofthis ordinance. SECTION 3. That Ordinance No. 023702, which adopted the FY 99-00-budget, is amended by increasing the revenue estimates in the No. 1020 General Fund as shown in the table in Exhibit B of this ordinance, which is incorporated by reference and made part of this ordinance. SECTION 4. That upon written request of the Mayor or five Council members, copy attached, (I) fmds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of ,2000. ATTEST: THE CITY OF CORPUS CHRISTI Samuel L. Neal, Jr., Mayor City Secretary ...... LEGAL FORM APPROVED ~ DAY OF m"-';5 JAMES R. BRAY. JR., CITY AITORNEY By 'I..~ ~(w Assistant City Atto ey .2000 108 EXHDlIT A AMENDMENT TO INTERFUND TRANSFERS TRANSFERS IN: No. 1020 GENERAL FUND 1. Increase in Administrative Service Charges- Golf Centers Fund 2. Increase in Administrative Service Charges- Gas Division 3. Increase in Administrative Service Charges- Wastewater Division 4. Increase in Administrative Service Charges- Water Division 5. Increase in Administrative Service Charges- Airport Fund 6. Decrease in Administrative Service Charges- Ambulance Fund 7. Decrease in Administrative Service Charges- Visitors Facility Fund 8. Decrease in Administrative Service Charges- Marina Fund TOTAL TRANSFERS IN TRANSFERS OUT: No. 4690 GOLF CENTERS FUND: 1. Increase in Transfer to General Fund $ 14,391 232,033 248,648 600,873 493 (22,807) (16,754) (I 252) $1,055,625 $ 14,391 UTILITY SYSTEM FUND: 1. Increase in Transfer to General Fund - Gas Division 2. Increase in Transfer to General fund - Wastewater Division 3. Increase in Transfer to General Fund - Water Division $232,033 248,648 600 873 1,081,554 No. 4610 AIRPORT FUND: 1. Increase in Transfer to General Fund 493 No. 4680 AMBULANCE FUND: 1. Decrease in Transfer to General Fund (22,807) No 4710 VISITOR FACILITY FUND: 1. Decrease in Transfer to General Fund (16,754) No. 4700 MARINA FUND: 1. Decrease in Transfer to General Fund TOTAL TRANSFERS OUT (t 252) $1,055,625 &nIoxa@b 109 .- .- liDIoxa@b EXHIBIT B REVENUE ESTIMATE INCREASES NO. 1020 GENERAL FUND 1. 2. 3. 4. 5. 6. 7. Increase in Fire Hydrant Maintenance revenue Implementation of Street Recovery Fee revenue Increase in Administrative Service Charges - Gas Division Increase in Administrative Service Charges - Wastewater Division Increase in Administrative Service Charges - Water Division Increase in Administrative Service Charges - Airport Fund Increase in Administrative Service Charges - Golf Centers Fund $ 53,430 667,400 232,033 248,648 600,873 493 14391 $ 1,817,268 TOTAL INCREASE IN REVENUE ESTIMATES 110 11 CITY COUNCIL AGENDA MEMORANDUM May 19, 2000 AGENDA ITEM: Resolution re-affirming the Financial Polides adopted by Resolution No. 023319 and providing a policy to build the General Fund balance to an adequate level in future years. ISSUE: The adopted Financial Polides require Oty Council re-affirmation each May and also instructs the City Manager to prepare the Annual Fiscal Year Budget in accordance with these Policies. Attached is a copy of the current Financial Policies. Staff is working on amending Section 3 of the Financial Policies based on discussions at the Council Retreat and recent Council Meetings. The amended polides will be forwarded to Council on Monday, prior to the May 23rd Meeting. REQUIRED COUNCIL ACTION: Re-affirmation of the Financial Policies as amended. e Nee Deputy City Manager ADDmONAL SUPPORT MATERIAL Copy of current Financial Policies II 112 ,,-.... , '~ RESOLUTION REAFFIRMING FINANCIAL POLICIES TO REBUll.D GENERAL FUND ENDING BALANCES TO PRIOR YEAR LEVELS AND ENSURE THAT ENDING BALANCES ARE MAINTAINED AT ACCEPTABLE LEVELS IN FUTURE YEARS. WHEREAS, the City of Corpus Christi has a commitment to citizens as expressed in its Mission Statement: "Our Mission is to provide the citizens of Corpus Christi, collectively, excellent quality products and highly responsive services in the areas of. Infrastructure Needs (including water, wasteWater, gas distribution, solid waste, aviation and streets); Protective Services (including law enforcement, fue and health); Quality of Life Enrichment (including housing and community development. h'braries, cultura1 and leisure activities); Economic Development (including support of existing economic bases and encouragement of growth); and Development Services (mcluding engineering, planning and inspection...)"; and WHEREAS, financial resourccs are budgeted to fulfill this commitment; and WHEREAS, it is prudent to adopt financial policies and actions to rebuild Genezal Fund ending balances to prior year levels and ensure that acceptable levcls are maintained in future years; WHEREAS, the City Council adopted a Financial Policy in Janwuy 1997 by Resolution No. 022828, reaffirmed the Financial Policy in June 1997 by Resolution No. 022965 and modified the Financial Policy in July 1997 by Resolution No. 022992, and adopted a new Financial Policy in May 1998 by Resolution No. 023319; and WHEREAS, this policy provides an essential guide to direct financial planning and to maintain and strengthcn the City's bond rating; and WHEREAS,Resolution No. 023319 requires City Council to reaffirm the financial policy annually in conjunction with preparation of the budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECl10N 1. That the following Financial Policy is reaffirms the financial policies adopted by Resolution No. 023319 and is made part of the City Comprehensive Policy Manual. SECTION 2. To ensure that current and future operations are protected fium severe impact of any economic slowdowns or unforeseen expenditures, adequate financial resources will be set H:\LEG.DIRIVERONICAIAUSONI0RD99.600IAGORD99.673 n'J~L'l'::'" .' ,,_.1 n ,) ( 113 ('"' ~ aside in the General Fund ending balances. SECTION 3. The goal for the GeDel'a1 Fund ending balance win be at least five (5%) percent of total annual General Fund appropriations. Using the starting base ofSl,613,134 as of July 31, 1997, analysis of cuneot trends and opportunities in revenue and expenditures indicates that this goal can be accomplished in six years through incremental increases in the General Fund ending balance of approximately 25 percent per year. Unique situations may arise in which the timing of external actions out of the City's control may impact the General Fund ending balance. These situations win be noted in the budget and in evaluation of progress and compliance with the Financial Policy. SECTION 4. Con!<iotent with these policies and to provide additional security, the GO debt Bond Fund will continue to maintain an acceptable level of fund balance to cover a substantia1 portion of the subsequent year principal and interest debt obligation. SEcrION 5. The City Council and City Staff will pUl'SUe new and enhanced revenue sources at both the local and state levels. SECTION 6. A primary goal forthe Genem1 Fund operating budget is that CUIteIlt budgeted revenues will equa1 or exceed current budgeted expenditures. However, there may be tmforseen or emergency circumstances which require fimding from the fund balance or contingency funds. SECTION 7. Recognizing that expenditure controls arc a major factor in achieving these goals, the City Manager will review and make expenditure recommendations. SECTION 8. The City council is prepared to make expenditure reductions that may be necessary to meet these goals. SECTION 9. This budget policy will be reaflinned by May, prior to consideration of the budget, and the City Manager is instructed to prepare the budget in accordance with these policies. ATTEST: CITY OF CORPUS CHRISTI A...~~ - - Armando Cba:a~ecretary Legal form approved V 'Yl1a A r . 1999; James R. Bray, Jr., City Attorney By: ... A{A~ ,~o.l/l2'lhV\/ Alison Gallaway, Assistant City Attomh fl:ILEG-DIRIVERONICAIAUS0NI0RD99,6OOIAGORD99.673 114 ,,-... , Corpus Christi, Texas ---Z-~of-=1b..J;; 1m The above resolution was by the following vote: Samuel L. Neal, Jr. Javier D. Colmenero Melody Cooper Henry Garrett Dr. Arnold Gonzales Rex A. Kinnison Betty Jean Longoria John Longoria Mark Scott H:1LEG-D1R\VERONICAIALISON\ORll99.6OOIAOORD99.673 .~ tJ?3fl57 115 12 _. CITY COUNCIL AGENDA MEMORANDUM Date: May 12, 2000 AGENDA ITEM: A. Ordinance appropriating $25,000 in the No. 6010 Permanent Art Trust Fund and amending Ordinance No. 023702 which adopted the FY 99-00 budget by adding $25,000 to the No. 6010 Permanent Art Trust Fund; transferring $25,000 to and appropriating it in the No. 3280 Park Capital Improvement Fund for installation of artwork and amending Ordinance No. 023703 which adopted the FY 99-00 Capital Budget adding $25,000 to the Park Program. B. Motion authorizing the City Manager or his designee to execute a contract with artist, Robert Perless for the complete development and installation of artwork titled Orion's Belt on the Shoreline Drive median south of the intersection of IH37 and Shoreline Boulevard in the amount of $200,000. ISSUE: A. In order to align the necessary funding for the project an additional $25,000 is required from the Permanent Art Trust Fund. Currently $190,000 has been set aside for the project. The total contract with Mr. Perless will be for $200,000. The project will require some initial site work as well as related educational and public relations expenses in the estimated amount of $15,000. B. City Council approved the negotiation of the contract and is now requested to authorize the City Manager, or his designee, to execute a contract with Mr. Perless to construct and install Orion's Belt in the median to the south of the intersection at IH 37 and Shoreline Boulevard in the amount of $200,000. The project is scheduled for completion by October 2001. FUNDING: The funding source is the Permanent Art Trust Fund. RECOMMENDATION: Approval of the ordinance and motion as presented is recommended. LiJ/.J,d~;M~ /11 Marco A. Cisneros, Director Park & Recreation Department ADDITIONAL SUPPORT MATERIAL: Background Information ~ Contract Summary X 116 AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGOUND: For more than a decade, the City's Arts & Cultural Commission has envisioned siting a monumental sculpture at the entrance to the City where IH 37 joins Shoreline Boulevard to beautify the City and enhance tourism. In order to achieve this vision, the Arts Commission, with the approval of the City Council, annually set aside funds in the Permanent Art Trust Fund, gradually accruing enough to commission a notable artwork. FUNDING: Approximately $215,000 is available to complete the project. Upon approval by the City Council, the selected artist will enter into a $200,000 contract for the entire artwork, including installation. The remaining $15,000 will be used to do site preparation work, as well as educational and public relations expenses. ARTIST: Robert Perless has studied art and engineering and has been exhibiting as an artist since 1968. His work is included in such collections as the Whitney Museum of American Art, the Aldrich Museum of Contemporary Art and the Chrysler Museum. Mr. Perless spent his youth on the New England coast and is an avid sailor. PRIOR COUNCIL ACTION: Prior Council action includes: . March 10, 1987, the authorization of the Public Art Ordinance; which defines the policies and guidelines for the selection of artwork for the City. . February 8, 1996, the authorization of the Art Selection Panel for the Bayfront artwork. . April 14, 1998, the authorization for the project to proceed with the selection of the semi-finalists. . December 14, 1999, the authorization of negotiating contract with Robert Perless to install Orion's Belt in the amount of $200,000. COUNCIL CONCERNS: As per the concerns raised by City Council specific wording is included in the contract language to assure that the artwork will meet all applicable safety guidelines. Both the Engineering Department and the Legal Department have reviewed the contract. 117 - Orion's Belt Sculpture - CONTRACT SUMMARY PARTIES: City of Corpus Christi (City) Robert Perless (Artist) TERM: Sculpture to be completed by October 2001. AGREEMENT: The artist agrees to install a permanent work of art (Orion's Belt) located on the Shoreline Boulevard median, south of the intersection ofInterstate Highway 37 and Shoreline Boulevard. In addition, Artist will install stainless steel pavers on ground points throughout the City in relationship to the celestial constellation Orion. Artist will furnish all labor, tools, material, machinery, equipment, and incidentals reasonably necessary for the creation and installation of the Artwork. City will pay directly to Artist a fixed fee of$200,000, which constitutes full compensation for all services to be performed and all materials to be furnished by Artist under Contract. The fee will be paid in installments at four different stages of project completion. The Artist will, at his own expense, provide plans and specifications of the foundation and structure prepared by a professional engineer(s) licensed by the Texas Board of Professional Engineers. Plans and specifications bearing the signature and seal of the engineer(s) must be submitted to the City Engineer and Building Official for review. The Artist will not proceed with the project until all applicable permits are issued and a notice to proceed has been issued. The plans, specifications and certifications must comply with all applicable codes of the City of Corpus Christi and the Windstorm requirements of the Texas Board of Insurance. The Artist will arrange for completion of inspections and forms necessary to procure WPI-l and WPI-2 certificates for Windstorm protection. City will also be required to make on-Site inspections of the Site and the Artwork, throughout the creation and installation process. The City reserves the right to withhold final acceptance where the Artwork or installation is not completed in accordance with the specifications. Artist must carry the level and type of insurance set out in Exhibit "C", ofthe contract. The insurance policy must name the City as Additional Insured. Title to the Artwork will pass to City upon final acceptance. City agrees that it will not knowingly or intentionally destroy, damage, alter, modify or change the Artwork in anyway. 118 BAYFRONT ARTS SCULPTURE PROJECT PROFESSIONAL SERVICES CONTRACT THE STATE OF TEXAS s KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES s WHEREAS, the City of Corpus Christi a Texas home-rule municipal corporation ("City") desires to commission the design, creation and installation of a permanent work of art; and WHEREAS, Robert Perless ("Artist"), a professional artist, desires to render his professional services to design, construct and install a permanent work of art; NOW THEREFORE, City and Artist, in consideration of the mutual covenants herein agree as follows: 1. Artwork. The City of Corpus Christi ("City") hereby contracts with Robert Perless ("Artist") to provide professional services in designing, constructing and installing a permanent work of art ("Artwork") as described in the attached and incorporated Exhibit "A". In addition Artist will install stainless steel pavers ("Pavers") on ground points throughout the City in relationship to the celestial constellation Orion. 2. Location. The Artwork will be located on the Shoreline Boulevard median, south of the intersection of Interstate Highway 37 and Shoreline Boulevard ("Site") as exhibited by diagram in the attached and incorporated Exhibit "B". The Pavers will be installed at locations designated by the Director of Park and Recreation, or his designee ("Director"). 3. Term. The term of this professional services contract ("Contract") commences upon City Council approval which is , 2000 ("Commencement Date") and shall terminate on October 1,2001 ("Termination Date"). 4. Modifications to Term. In the event that Artist completes the Artwork in advance of the Termination date, Artist and the Art Committee ("Art Committee") will set a mutually agreeable installation schedule. The Term will not be extended beyond the Termination Date, unless approved by the Director and agreed upon by Artist, or his designee. BDMI00\2780.03 119 .- 5. Artist Duties. Artist covenants to conform to the following restrictions: (I) Artist agrees to complete the creation and on-site installation of the Artwork by October I, 2001. Upon execution of Contract, a mutually agreeable timeline will be developed by the parties to accommodate the creation and on-site installation of the Artwork within Contract Term. (2) Artist will furnish all labor, tools, material, machinery, equipment, and incidentals reasonably necessary for the creation and installation of the Artwork. (3) Artist agrees to perform such additional work as may be reasonably necessary to complete the Artwork in accordance with the plans and specifications identified in Exhibit "An. 6. Consideration for Artwork. City will pay directly to Artist a fixed fee of $200,000.00, which constitutes full compensation for all services to be performed and all materials to be furnished by Artist under Contract. The fee will be paid in installments at four different stages of project completion. Artist must notifY Director in writing when each stage is complete. Each stage must be documented by an on-site inspection by Director or by submission of photographs or videotape by Artist. Director will decide, based on the documentation collected, whether the requirements of each stage have been met. Once Director determines that requirements for each stage have been met, City will deliver the respective payment amounts to Artist within 30 days. Artist may dispute any Director findings by contacting Director in writing at the notice address provided herein. The four stages of completion and the corresponding payment amounts are as follows: (a) $60,000 upon mutual execution of Contract. These funds constitute payment for Artist's supplies, consideration for all preliminary design coordination with City, and partial compensation for Artist's services rendered; (b) $60,000 upon completion of half of all work necessary to create the Artwork; (c) $60,000 upon completion of all work necessary to create the Artwork; (d) $20,000 upon completion of all of Artist's duties listed herein, including, but not limited to, creation and installation of Artwork at Site and installation of Pavers at designated locations. BDMIOOI2780.03 120 2 7. Engineering Certification. The Artist will, at his own expense, provide plans and specifications of the foundation and structure prepared by a professional engineer(s) licensed by the Texas Board of Professional Engineers. Plans and specifications bearing the signature and seal of the engineer(s) must be submitted to the City Engineer and Building Official for review. The Artist will not proceed with the project until all applicable permits are issued and a notice to proceed has been issued. The plans, specifications and certifications must comply with all applicable codes of the City of Corpus Christi and the Windstorm requirements of the Texas Board of Insurance. The Artist will arrange for completion of inspections and forms necessary to procure WPI-l and WPI-2 certificates for Windstorm protection. 8. Notice of Substantial Completion. Artist must notify Director or the Director of Park and Recreation, or his designee ("Director") in writing when the Artwork is substantially completed. Substantial completion means the Artwork has been created in its entirety and has been installed at Site in accordance with the plans and specifications listed in Exhibit "A", and that Artist has cleaned and removed from Site all surplus and discarded materials, temporary structures, and debris of every kind occasioned by his work, leaving Site with no debris or depressions from the excavation. Artist is not responsible for the landscaping of Site. Upon receipt of written notice of substantial completion and while Artist and installation crew remain on Site, Director shall make an immediate inspection of the Artwork and installation at the Site for final acceptance. City will also be required to make on-Site inspections of the Site and the Artwork, throughout the creation and installation process, at times which are mutually agreeable to both Director and Artist. City reserves the right to withhold final acceptance where the Artwork or installation is not completed in accordance with the specifications listed in Exhibit "A"; in such case City shall provide Artist with a notice of uncompleted services, and final acceptance shall be withheld pending Artist's cure of all elements addressed in said notice. Provided, however, City's final acceptance of Artwork will not be unreasonably withheld. 9. Work Standards. All work must be performed in a good and workmanlike manner and in accordance with the plans and specifications listed in Exhibit "A". No material changes to the Artwork as described in Exhibit "A" are permitted unless previously agreed to in writing by Director. 10. Subcontracting. Artist may subcontract installation of the Artwork at his expense provided that said subcontract work does not affect the design, appearance or visual quality of the Artwork and that such installation is carried out under the personal supervision of Artist. 11. Mechanic and Materialman's Liens. Artist must not do or suffer anything to be done whereby the Artwork may be encumbered by any notice of intention to file or a mechanic or materialman's lien or otherwise and shall, whenever any notice BDMI00\2780.03 3 121 - of intention to file or any mechanic or materialman's lien is filed against the Artwork purporting to be for labor or materials, discharge the same within IO days of such notice or filing. 12. Compliance with Applicable Laws. Artist must comply with all applicable laws of all federal, state and municipal govemments. All actions brought to enforce compliance will be brought in Nueces County where Contract was executed and performed in part. 13. Force Majeure. No party to Contract will be liable for failures and delays in performance due to any cause or circumstances beyond their control, including, without limitation any failures or delays in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, inclement weather, riots or interference by civil or military authorities. In the case of major illness or accidental injury to Artist, notice must be given in writing within a reasonable time to Director. Once the length of the disability is determined Artist and Director will negotiate a new mutually agreeable installation timetable. 14. Indemnity. Artist covenants to fully indemnify, save, and hold harmless the City of Corpus Christi, its officers, employees, or agents ("Indemnitees") from, and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments recovered from or asserted against City on account of injury or damage to any person (including, without limitation on the foregoing worker's compensation and death claims), or property loss or damage of any kind whatsoever, to the extent any damage or injury may be incident to, arise out of, be caused by Artist or Artist's assistants' labor and efforts in the creation, transportation and installation of the Artwork. 15. Insurance. Artist must carry the level and type of insurance set out in Exhibit "C", attached, and incorporated herein by reference. Coverage listed in Exhibit "C" must go into effect immediately prior to Artist beginning work on the Artwork and will terminate upon completion of the creation of the Artwork. The insurance policy must provide that Director and the City's Risk Manager be given at least 30 days written notice of cancellation, material change, or intent not to renew any insurance coverage required in Exhibit "C". The Artwork must also be covered by insurance: 1. during the transportation of the sculpture from Greenwich, Connecticut to Corpus Christi, Texas; and 2. during the installation of the Artwork at the Site. When the creation of the Artwork is complete, the Artist must notify the Director in writing of the Artist's intention to transport the Artwork from Connecticut to BDM\00\2780.03 122 4 Corpus Christ, Texas. At said time, the Director will provide the Artist with all necessary installation and transit insurance requirements. If City fails or refuses to deliver either a notice of final acceptance or a notice of uncompleted services within 30 days following Artist's notice of substantial completion of the Artwork as provided herein, then the insurance provisions required by this paragraph will terminate and be of no further force or effect as of the 31st day following Artist's notice of substantial completion. 16. Title to Artwork. Title to the Artwork will pass to City upon final acceptance, subject to Artist's Copyright rights listed below. Upon final acceptance, all studies, drawings, designs, maquettes and models prepared and submitted under Contract will be returned to Artist and will remain property of Artist, unless Director and Artist agree otherwise in writing. 17. Copyright. Artist retains all rights under the Copyright Act of 1976, 17 USC Sections 101 et seq. and all other rights in and to the work except ownership and possession. Either City or Artist may make duplicate two-dimensional reproductions of the Artwork for inclusion in advertising, brochures, media publicity, catalogs, portfolios or other similar promotional publications, provided that the reproductions are presented in a tasteful manner, and provided further that each party will use their best efforts to give credit in any reproductions of the Artwork to Artist in a form substantially similar to the following: "An original work by Robert Perless, owned and commissioned by the City of Corpus Christi, Texas". 18. Plaque. City will, at its expense, prepare and install at Site a plaque identifying Artist and the year of completion of the work. City will reasonably maintain such plaque in good repair. 19. Site Use Amenities. When Artist is working on Site, City agrees to make available to Artist, electrical power and restroom facilities as are reasonably necessary for completion ofthe Artwork. . 20. Independent Contractor. It is agreed and understood that Artist will perform all work under Contract as an independent contractor and not as an agent or employee of City. Artist is not entitled to the benefits normally accorded to City employees. 21. Default. If either party to Contract willfully or negligently fails to fulfill any duty mandated by Contract in a timely and proper manner, or otherwise violates any of the covenants, agreements or stipulations material to Contract, the other party may terminate Contract by giving written notice to the defaulting party of its intent to terminate specifying the grounds for termination. The defaulting partyDwill have 30 days after receipt of the notice to cure the default. If it is not cured, then Contract will terminate. Contract will not be terminated for aesthetic BDMI00I2780.03 5 123 ,- 22. 23. 24. 25. 26. reasons, provided however, that "aesthetic reasons" do not include claims that Artist defaulted on or breached Contract because of deficiencies in quality of construction or workmanship of the Artwork. No Damage to Artwork. City agrees that it will not Imowingly or intentionally destroy, damage, alter, modifY or change the Artwork in any way. Artwork Integrity. To maintain the artistic integrity of the Artwork after final acceptance by City no changes will be made to it without Artist's prior written approval, which approval will not be unreasonably withheld. If any repairs or restorations are needed, Artist will be given the first opportunity to complete such repairs and restoration at a reasonable fee to be determined by City. City covenants that any repairs or restoration work will be performed in accordance with recognized principles of public art conservation. Amendments. No amendments or modifications of Contract will be permitted without the prior written consent of Director and Artist. This section is subject to the requirements of section 4: Modifications to Term. Waiver. No waiver of any breach of any term of Contract waives any subsequent breach of the same. Notices. All notices, demands, requests or replies provided for or permitted by Artist must be in writing and may be delive,ed by anyone of the following methods: (I) by personal delivery; (2) by deposit with the United States Postal Service; (3) by prepaid telegram; or (4) by deposit with an overnight express delivery service. Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. Notice by telegram or overnight express delivery service will be deemed effective one (I) business day after transmission to the telegraph company or overnight express carrier. All such communications must only be made to the following: Ifto City: City of Corpus Christi Park and Recreation Department P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 880-3464 If to Artist: Robert Perless 37 Langhorne Lane Greenwich, Connecticut, 06831 (203) 869-0710 Change of address must be made by sending notice as set out above. 124 BDM\00\2780.03 6 27. Entirety Clause. Contract contains all terms and conditions agreed to by City and Artist. Upon mutual execution, Contract displaces any and all prior agreements, permits, leases or contracts whether written or verbal, whether express or implied. 28. Severability. If any clause or provISIon of Contract is illegal, invalid or unenforceable under present or future law effective during the term of Contract, then the remainder of Contract is not affected thereby, and in lieu of each such clause or provision, a clause or provision (as similar in terms to such illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid and enforceable) will be added to Contract automatically. SIGNED IN DUPLICATE THIS day of ,2000. CITY OF CORPUS CHRlSTI: By George K. Noe, Deputy City Manager Legal form approved on Attorney. , 2000; James R. Bray, Jf., City By Bryn Meredith, Assistant City Attorney Robert Perless, Artist BDM\00\2780,03 7 125 FRCM : Panasonic TAD/FAX PI-IJNE NO. May. 09 2000 12: 84PM Pi />FlY -09- 2000 12l':l: 29 i-RO'l' 'rG:5J2 880 :"697 ". ~~8/6,':'2 - 27. l<~Dtirety Clause. Controot contiUns all tCl1JlS and conditiuns llllll'eed to by City and ArtiSt. Upon mumal execution, Contrclet dib'Jllaces any and all prim agrcemenl$, permits, leases or contracts whether Wlitten or verbal, whclhcr express or implied. 28. Se\'crubillty. If any cla~'\e or provision of Contract is iJlcgal, invalid 01' unenforceable under present or future I.~w e/iccliw during thll tenn of Contract then the remainder of Conll:act is not affected thereby, and in lieu of each such cla\lSC or provision, a clause or provi~ion (as similar in tenns to such JlIegal. Invalid, or ummforceahle clause or proVlsiol\ as Ullly be possible and be legal, valid and enforceable) will be added to C'.omraot automatically. SlGl\'ED IN DUJlT.JCA TE TT-TTS _..._-.:....._ tla)' of ,:WOO. CITY OF CORPUS C'liR1Sll: By _________ George K. Noc, Deputy CilY Manager legal fonn apptoved on _,...___...__,____.__, 2000; JalU~ R. Umy, Jr" City AllOmey. By______..__ l~ryD Meredith. Assistant City Attorney ~b~ /AL- , -- IlDM\00\2nO.03 7 t26 M^V_nn ~nnn ~~.,~~~ "ixJ"6,,.. j-. er ORION'S BELT A PROPOSAL FOR THE CITY OF CORPUS CHRISTI The idea behind my proposal of the sculpture Orion's Belt is to place the elements of a serialized sculpture on the ground points of the navigable stars in the constellation Orion. Throughout the history of man, the stars have been utilized as guideposts for navigation. Each constellation hos a recognizable pattem. Orion. the Hunter. is one of the most familiar. one of the constellations we ore taught from our Childhood. It is one of the first consteDations we leam. along with Ursa Major and Minor. the Big and uttIe Dipper. and the fact that the handle of the Big Dipper points to the North Star. This is almost unconscious knowledge. nearly a tribal memory. especially to saBors and travellers. The night sky is a mirror image of a road map of the earth. The primary visual elements of the serialized sculpture win be three SO'long wind vanes placed on the pattern of the primary stars in Orion's Belt. These will be oriented parallel to the shorefront on Shoreline Drive. The secondary elements of the sculpture will be stainless steel nameplates set into the pavement forming the secondary stars in Orion's Belt. completing the comoosition of the constellation. The iconography of the three interactive. luminous wind sculptures set against the color of sky and sea wiD be a lasting impression to the traveller entering Corpus Christi from the highway. They speak about the vitality of the wind that surrounds us. as they constantly hunt upwind like a fleet of boats at anchor. The visual /ink of the sculpture to the marine heritage of the community is indelible and will create a lasting impression to the visitor. while it draws one to find the consteDation Orion in the evening sky, Each of the three stainless steel wind vanes wiil be designed to present the area of least resistance to the wind ond therefore will alwa',s point upwinc: in all weather. They will be sensitive enough to orient upwind in a fraction of a knot and wiD be stable in extreme winds of 100 mph. The stainless steel of which the pylon and vane ore fabricated is a grade used tor marine and aircraft construction. The sculpture will be weldectwith a heliorc process that eliminates the potential for corrosion along the weld lines, The stainless steel is maintenance free and will need no surface treatment. 37 Langhorne Lane Greenwich. CT 06831 (OO3) 869-0710 Fax (203) 869-0718 2 j '-, er The support pylons wiD be equipped with large radial and thrust beo,jl ~ that ore designed to hold at least four times the weight they wi. ac1ually corry. I hove designed 0 centro/lubrication system that wi. insure. that they wiI be eosiIy and well lubricated. and that the process of lubrication will keep out any potential dust and dirt from entering the system. The only maintenance they require is 0 periodic injection of grease. which is applied at ground level. I wiH cost the foundation in place. It will be constructed of reinforced concrete with stainless steel bolts to hold the pylon upright. The top of the foundation wiH be held one foot below finished grode so that gross con cover the supports and meet the vertical faces of the pylon. I estimate that a 12' square foundation. 2' in depth. will be sufficient to stabilize the sculp1ure in hurricane force winds. The imagery of this proposal is generated by the personalify of the site: 0 shorefront community with on intimate and direct link to nature and to the lite of the sea. 128 2; y,7 Langhorne Lane Greenwich. CT 06831 (203) 869-0710 Fex (203) 869-0718 .- "" I '--I s - ~\ , I \ , l ~ i i I I , , I I ~I' ! rt'. ' I, , t " . \--p ~', / :~, '.'--=~-i....-#-.~....'~' . ", '\ I....'. ~/ I I I ~:., ( // , 10::-. '.'--='---'~ , ' , ~ \ .. / .-----...- i I J \ . \ I J '~ ................................-..................-..., s:: 129 ,--. "/ ---. ) ""7 /.... 2?: "', .~ // .'(, :: I / '; 'ni --..-.--.../ ......-......--..- ..... ._..~,,:;::~.:;.:;::::::::::.::-::::......:.~..::::::-:~~~~:=.. -. -.. .......... ....-.. ........._..._~ " \,i.: , '", .", '.. , , , 130 2tj IS1 WI is! ill 131 .-- 1) mZ o J) H f- f ~ ~, ..../ , , - -.-J '- ril l-.,; :...LJ ~ -- w N Pylon Dimensions Dimensions required Uric "� $S belt Elevu ion The top of the pylon ;1„S a sufficient moss fc In that the energy from the vane portion of the sculpture will be transmitted directly to the foundation_ The connection Pylon to the vane is shown in m the a d from drawing. The concrete founclatlon will be subgrode with the dimensions In accord with the zoning statutes of the City at concrete wish high ae�� Steel cage will be cost into the foundation. All Mechanical used to tie the be substantially Overbuilt Cia fiKIures like bops and Pylon the statutes. beyond what Is required by mere wi!! ''-''''''~ ,....,. JIo&I"I. ........ 1999 05: 31PM F'7 Orion's Belt Detail of shaft and supports Support bearing system :fI!2. Side VIew SlalnlllaSl...lutle ':"ldea 10...... annaIwa In vane Qotn ana CIIn C'ClIIaI l?alllCll ClIamg SIIUCI..... ........., for boaMgs Shafting.. &1'-- Slaot bur - SIlaft " -.I...., 10 III on llaarrQ R_ Itvusl beallnQ SlrucI..oI """"" lor 1-9 133 ,.. ~ : ~a"'\asonlC IHO/j:"A)\ "I-OE i'(J. :....... 12 :999 as: 3aF'M P6 - Orion's Belt Detail of shaft and supports Support and bearing system #Q Front view ~ SI~ SlClellUbe.....1CI8a 10 rnaln annal.-... vane ~ and dirt collar llacllal bu..oo. '\oj . SINCIUraI ~ lot tAclIII,go ShOllhg .. SICInl_ s,_ bar Shall macroln8d /0 III on beCIltI1g 1l00000lhrUsI t.-..bIQ SllUClurot ~port lor t>eoMgo 134 Orion's Belt Round stainless steel plates, each engraved with the name of a major star in the Orion Constellation, will be placed on their relativeground points. This will conceptually integrate the entire waterfront, and part _ of the City into the sculpture. 135 7 ~ ---- '.., er ORION'~ 1m Budget for Construction MateIiaIs lor the construction ot the vanes c:md pylons: All stainless steel 304 ek: grade 1. stainless steel, 7ga 11.2650 fbs 2. Tubing 3. ad .120 wall #45 2O'lengths 3. Tubing 3 1/2. ad .250 wall #8 2O"engths 4. Shafting 3' ad 20' required Total stainless S41 .000 Ball bearings: All bearings are precision tapered roller bearings or precision ball bearings. 1. #3 Thrust bearings 2 3/4 bore 2. #3 radial bearings 2 15/16 bore - 3. Precision mounts fflted with remote lubrication. Total bearings, fasteners and mounts 55,em Machine shop subcontract: Machine shafts and fin retainers S8.em Labor required to construct vanes and pylons: Labor required to construct the three vanes and pylons is 65 forty-hour work weeks. This amounts to 8 months of studio time. The hourly rate is S50 per hour. Total labor cost of construction. 5130.000 Transportation of the sculpture to Corpus Christi, Texas: North American Van Unes flatbed covered truck Total 57.em :7 Langhome Lane Greenwich. CT 06831 ~~3) 869-0710 Fax (203) 869-0718 ;..--;' / I ~j InGallatlon: I. C/Cne: Two days hydrouDc crane. Probably aD terrain. Cost $ HXD 2. Foundation. cast in place reinforced concrete with the stainless steel bolts cast in place. The top of the foundctian wiD be kept one foot below flnished grade so that gross wiD be able to grow up to the vertical pylon. I estimate that a 12' square foundation that is two feet deep. wiD be sutIIcientto stabilize the sculpture in hurricane force winds. Cost $2.300 " 3. Hotel. airfare and expenses for myself and my assistants. Two trips. Cost $4.500 Documentction . shll photographs and videotape. Cost 51.200 The payment of this project is to be broken down into progress payments ot a number of checkpoints during the project. Each checkpoint will be documented by either on-site inspection. photographs. and/or videotape. The payments I envision broken down as follows: 1st payment. on signing contract for project: 30'1.. 2nd payment. construction 1/2 completed: 30'1.. 560.000 560.000 3rd Payment. construction completed in studio: 30%. 560.000 4th payment. completion of project installed in Corpus Christi and documented. 520.000 Total cost of project $200.000 All artist and design fees are included in the labor rate for the construction of the project. '!he project will be constructed in my own studio with myself and my studio assistulll:. creating the sculpture. 7 Langhorne Lane Greenwich. CT 06831 (203) 869-0710 Fax (203) 869-0718 2 C 137 C ,- !I'Ii ~ )> -=-(~ .,., /U :(=--)) - --:;" / \T'\ -"=- ,I S '-J .. ...., 1 G:) ~ I -- U n :::a (-y "-' < fIl ~ rrl Z .' --4 ? .7'1 \~' ;/ :2 ,0 ;U '--j ~ '-' , * , ~ *i ~.lANN ~ i -- i* , * * * *1 , , *1 ..., *1 0 n )> *1 r ! *1 i ,::) i ~.'* II AUBREy ST ..~ ~ .. ... .. .. .. ... """'j':" I H 37 f7* ~= :" ; *-:.; · * * *~. 'I **** *' on"" * 1""101""1 *: i. <co l~*) t:t: ~~~ I I ;:: c '1 ~~ 2j ~I* '* * r* * i '* * * * i* * , 1* * ~ *', !,* ~. , - , / * \ * * * * * * '*' * '*' * *1 "'On )>0 "\ ;:uc I ^;:U -..., ZI ClO 1 c ':;; U1 I.': 1""1 '", ........ i;o )> I") r C )> Z 138 n 1""1 .... i; CD)> r-r- or- oj; 'z (") fT1 ; i \ - ////// L --'<,;-.:--., '., '-., '-., '-.,,, 'i) ::lowER ST. If IIII :u.:.. 'f" I ..l1 ,I , I !? * * * -. .' \\\\ \\ \ \\\!\\\ \\\\8 --- Or- I I i ! i CC!T1 r-x 0- C)U'l U'l~ Z C) [J r <1>" "'C ,.~ " / I , I I I I EXHIBIT C INSURANCE REOUIREMENTS I. ARTIST'S LIABILITY INSURANCE A The Artist must not commence work under this agreement until he has obtained all insurance required herein and such insurance has been approved by the City. Nor may the Artist allow any subcontractor to commence work until all sirnilar insurance required of the subcontractor has been so obtained. B. The Artist must furnish to the City's Risk Manager 2 copies of Certificates ofInsurance, with the City named as an additional insured for all liability policies, and a blanket waiver of subrogation on all applicable policies showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE JO..Day Notiee of CaoeeIIatloD required OD aD certifteates Bodily IIlja..,. ad Property D...... Commercial Geueral Liability inc1wliDg; 52,000,000 COMBINED SINGLE LIMIT 1. Commercial Form - 2. Premises . Operations 3. ProcIuctsI Completed Operations Hazard S. CoaIractua1IDsunmce 6. Broad Form Property Damage 7. iDdependeDt Contractors 8. PenoaalIajmy WHICH COMPLIES WI11i TIlE TEXAS WORKERS' WORKERS' COMPENSATION COMPENSATION ACT AND PARAGRAPH II OF TIllS EXHIBIT EMPLOYERS'LIABILI1Y 5100,000 C. In the event of accidents of any kind, the Artist must furnish the Risk Manager with copies of all reports of such accidents at the same time that the reports are forwarded to any other interested parties. Orions Belt Artworli: ins. rcq, 4-18-00 ep Risk Mgmt 139 AN ORDINANCE APPROPRIATING $25,000 IN THE NO, 6010 PERMANENT ART TRUST FUND AND AMENDING ORDINANCE NO. 023702 WHICH ADOPTED THE FY 99-00 BUDGET BY ADDING $25,000 TO THE NO. 6010 PERMANENT ART TRUST FUND; TRANSFERRING $25,000 TO AND APPROPRIATING IT IN THE NO. 3280 PARK CAPITAL IMPROVEMENT FUND FOR INSTALLATION OF ARTWORK AND AMENDING ORDINANCE NO. 023703 WIDCH ADOPTED THE FY 99-00 CAPITAL BUDGET BY ADDING $25,000 TO THE PARK PROGRAM; AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That $25,000 is appropriated in the No. 6010 Permanent Art Trust Fund for installation of artwork. SECTION 2. That Ordinance No. 023702 which adopted the FY 99-00 budget is amended by adding $25,000 to the No. 6010 Permanent Art Trust Fund. SECTION 3. That $25,000 is transferred to and appropriated in the No. 3280 Park Capital Improvement Fund for installation of artwork. .- SECTION 4. That Ordinance No. 023703 which adopted the FY 99-00 capital budget is amended by adding $25,000 to the park program. SECTION 5. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the _ day of , 2000. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary LEGAL FORM APPROVED Th cus 10 Samuel L. Neal, Jr., Mayor ,2000; JAMES R. BRA Y, JR., CITY ATTORNEY By: ;t?~~ Lisa Aguilar. Assistant City Attorney H:\lEG-DlR\ veRONICA\USA\ORD~'ORD2.150 140 13 AGENDA MEMORANDUM May 18.2000 AGENDA ITEM: Motion authorizing the City Manager. or his designee. to issue request for proposals for audit of Central Power and Light and Southwestern Bell franchise agreements. Issue: The City requests audits of major franchise agreements to determine that all monies due to the City are being paid on a timely basis. The scope of the audit will be to determine: 1. If all revenues were accounted for appropriately and included in the franchise fee calculation; 2. If the internal controls in place identified new customers timely; and 3. Changes in the industry regarding franchise agreements. Funding Source: Funding to be provided in next year's budget. After proposals are received and analyzed, the City will have a cost estimate to include in fiscal year 2000-2001 budget for approval during the budget process. Prior Council Actions: The last major franchise audits were conducted during 1988-1989. CPL was audited for the five-year period of 1983-1987 and a finding of $79.952 was collected. Southwestern Bell was included in the audit and a finding of $46.870 was collected. Required Council Action: City Council approval is required for payments exceeding $15,000. The cost of the audit will be determined prior to the next budget year and will be included in next year's budget. Recommendation: Staff recommends that the City Council authorize the City Manager, or his designee, to issue requests for audit of Central Power and Light and Southwestern Bell franchise agreements. Background Information H:\Fin-dir\Shared\Cshmngt\Memos\Franchise Audits 142 BACKGROUND INFORMATION The City of Corpus Christi generates approximately $14,500,000 in franchise fee revenue each year. Audits of records maintained by two major companies who collect and pay these fees have not been conducted since 1988-1989 due to various reasons. Contracts for the two companies proposed for audit will be or have ended during fiscal year 1999-2000. Audits are proposed for Central Power and Light and Southwestern Bell. Both of these companies are highly diverse with complex record-keeping systems. Therefore, we feel it is advantageous to have these audits conducted by a firm with experience and expertise in this field. This request may include non-local firms as well as local firms do to the complexity of the audit. Earlier this year, TCI/AT&T was audited by Gramlich and Associates. Nueces Electric Co-op audit is being conducted by the City's internal audit staff. H:lFin-dirISharedICshmngtIMemoslFranchise Audits 143 14 CITY COUNCIL AGENDA MEMORANDUM May 16, 2000 AGENDA ITEM: Item A. Motion authorizing the City Manager or his designee to execute an agreement with the Park and Recreation Department to provide $20,538.00 from the FY1999 Weed and Seed Program to implement Operation Cool off at Joe Garza Community Swimming Pool. Item B. Motion authorizing the City Manager or his designee to execute an agreement with the Park and Recreation Department to provide $24,257.00 from the FY1999 Weed and Seed Program to implement Operation Cool Off at H.E.B. Community Swimming Pool. Item C. Motion authorizing the City Manager or his designee to execute an agreement with the Park and Recreation Department to provide $10,500.00 from the FY1999 Weed and Seed Program to continue a Transportation Program for youth recreation. ISSUE: The City Council at its meeting on May 8, 2000 allocated the FY 99-00 program funds for the Weed and Seed program. City Council was notified that staff would seek authorization to carry over unspent funds from a prior fiscal year. REQUIRED COUNCIL ACTION: Authorization to execute agreements. RECOMMENDATION: Staff recommends the City Council authorize the City Manager, or his designee to execute agreements with the Park and Recreation Department to fund the Operation Cool Off Program and to fully fund the summer Transportation Program. 7<-0-t.4, ~ tz.~.=- Marco A. Cisneros, Director Park and Recreation Department ADDITIONAL SUPPORT MATERIAL Background Information X Contract Summary X 144 AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: At its meeting on May 8, 2000 the City Council amended the recommendations of the Weed and Seed Steering Committee by re-allocating funds from the Park and Recreation Departments Transportation Program. At that same meeting the Council discussed the desire to fund the Operation Cool Off Program at Joe Garza Pool and H.E.B. Pool. Staff was instructed to seek authorization to utilize carry over funds from a prior fiscal year to fund the Transportation Program and Operation Cool Off. Approval was received to utilize carry over funds from FY 98-99 Weed and Seed money. 145 PARTIES: TERM: AGREEMENT: A:\WS-HEB-SWIM,DOC Contract Summary City of Corpus Christi Weed and Seed Program City of Corpus Christi Park and Recreation Department Joe Garza Swimming Pool - Operation Cool Off January 1, 2000 to December 31, 2000 The City of Corpus Christi Weed and Seed Program will provide $20,538.00 for transportation costs to special events, field trips, swimming, and sport leagues for target area youth. The Subrecipient shall render written reports describing number of individuals served and the progress of the programs stated objectives. Financial reports are due on the last day of each month. The Subrecipient will use the Payment Voucher/Report for its financial report. Subrecipient will indemnify and hold harmless the City and maintain insurance coverage with the City named as additional insured. Subrecipient will comply with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended. Subrecipient will also be in compliance with Certifications regarding Lobbying;Department, Suspension, and other Responsibility Matters; and Drug-Free Workplace Requirements. The City may terminate this Agreement in accordance with 28 CFR Sec. 66.43 if Subrecipient materially fails to comply with any term of this Agreement. 146 PARTIES: TERM: AGREEMENT: A:\WS-JOEG.SWIM.DOC Contract Summary City of Corpus Christi Weed and Seed Program City of Corpus Christi Park and Recreation Department H.E.B. Community Swimming Pool- Operation Cool Off January 1, 2000 to December 31, 2000 The City of Corpus Christi Weed and Seed Program will provide $24,257.00 for transportation costs to special events, field trips, swimming, and sport leagues for target area youth. The Subrecipient shall render written reports describing number of individuals served and the progress of the programs stated objectives. Financial reports are due on the last day of each month. The Subrecipient will use the Payment Voucher/Report for its financial report. Subrecipient will indemnify and hold harmless the City and maintain insurance coverage with the City named as additional insured. Subrecipient will comply with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended. Subrecipient will also be in compliance with Certifications regarding Lobbying;Department, Suspension, and other Responsibility Matters; and Drug-Free Workplace Requirements. The City may terminate this Agreement in accordance with 28 CFR Sec. 66.43 if Subrecipient materially fails to comply with any term of this Agreement. 147 PARTIES: TERM: AGREEMENT: A:\WS-TRANS-2.DOC Contract Summary City of Corpus Christi Weed and Seed Program City of Corpus Christi Park and Recreation Department January 1, 2000 to December 31, 2000 The City of Corpus Christi Weed and Seed Program will provide $10,500.00 for transportation costs to special events, field trips, swimming, and sport leagues for target area youth. The Subrecipient shall render written reports describing number of individuals served and the progress of the programs stated objectives. Financial reports are due on the last day of each month. The Subrecipient will use the Payment Voucher/Report for its financial report. Subrecipient will indemnify and hold harmless the City and maintain insurance coverage with the City named as additional insured. Subrecipient will comply with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended. Subrecipient will also be in compliance with Certifications regarding Lobbying;Department, Suspension, and other Responsibility Matters; and Drug-Free Workplace Requirements. The City may terminate this Agreement in accordance with 28 CFR Sec. 66.43 if Subrecipient materially fails to comply with any term of this Agreement. 148