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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
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LOCA nON MAP
NOT TO SCALE
~
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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
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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
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PROJECT LOCA nON
MARGIE: DR.
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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
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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
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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
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MW eside•0 • ....-••'"' - Port
Pow
Berry's Island V Aransas
Corpus Christi' Bay
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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
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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
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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
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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. Hatch Survey
116.607 acres
San Patricio County, Texas
5
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454750
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FILE NO.
EXHIBIT "A-2"
Survey of Existing Shoreline, Ingleside Point
"Claimed Area"
Nueces COimty, Texas
6
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A PORTION OF THE
JOHN G. SURVEY
PATENT NO. 3064 VOLIUMEu10, ABSTRACT NO. 373
SAN PATRICIO COUNTY, TEXAS.
EXHIBIT A-2
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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
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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
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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
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121
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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
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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
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123
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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
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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
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IlDM\00\2nO.03
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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
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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 .-
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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!!
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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
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- 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
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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
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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
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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
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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