HomeMy WebLinkAboutAgenda Packet City Council - 03/13/2001CITY
COUNCIL
AGENDA
City of
Corpus.
Christi
March 13, 2001
1:45 p.m.
Proclamation declaring the month of April, 2001 as "Senior Softball Association Month"
Certificate of Commendation to Maya Torres
Swearing-in of newly appointed Board, Commission and Committee members.
AGENDA
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD
MARCH 13, 2001
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
intothemicrophonelocatedatthepodiumandstateyournameandaddress. Yourpresentationwillbelimttedtothreeminutes.
If you have a petition or other information pertaining to your subject, p/ease present it to the City Secretary.
Si ud. Desea dirigirse al Concilio y cree que su ingles es limitado, habra un int¢rprete ingl¢s-espaf~ol en tedas las juntas del
Concilio para ayudarle.
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact
the City Secretary's office (at 361 880-3105) at least 48 hours in advance so that appropriate arrangements can be made.
A. Mayor Samuel L. Neal, Jr. to call the meeting to order.
B. Invocation to be given by Reverend E. F. Bennett.
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 Betty Jean Longoria
Council Members:
Javier D. Colmenero
Melody Cooper
Henry Garrett
Arnold Gonzales
Rex A. Kinnison
John Longoria
Mark Scott
City Manager David R. Garcia
City Attorney James R. Bray, Jr.
City Secretary Armando Chapa
E. MINUTES:
Approval of Council Workshop of February 20, 2001 and Regular Meeting of February 27, 2001.
(Attachment # 1)
Agenda
Regular Council Meeting
March 13,2001
Page 2
BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2)
Board of Adjustment
Building Standards Board
Ethics Commission
PRESENTATIONS: (NONE)
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 FORM AT 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 dirige a la junta y cree que su ingl~s es limitado, habr~ un int~rprete
ingl~s-espa,~ol en la reunion de la junta para ayudade.
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 A T ANY COUNCIL MEETING.
I. 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.
CONSENT AGENDA
Notice to the Public
Thefollowingitemsareofaroutineoradministrativenature. TheCouncilhasbeen
furnished with background and support material on each item, and/or it has been
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
March 13,2001
Page 3
discussed at a previous meeting. Afl items will be acted upon by one vote without
being discussed separately un/ess requested by a Council Member or a citizen, in
which event the item or items will immediately be withdrawn for individual
consideration in its normal sequence after the items not requiring separate
discussion have been acted upon. The remaining items will be adopted by one
vote.
CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCER
FROM PREVIOUS MEETINGS:
(At this point the Council will vote on all motions, resolutions and ordinances not
removed for individual consideration.)
Motion authorizing the City Manager or his designee to execute a
construction contract with Jhabores Construction Company, Inc. for
a total fee not to exceed $304,948.30 for the Denver Street at
Jackson Place/Ohio Avenue Storm Water Improvements Project.
(Requires 6 votes) (Attachment # 3)
Motion authorizing the City Manager or his designee to execute
Amendment No. 5 to the contract for Engineering/Consulting Services
with Shiner, Moseley and Associates, Inc. in an amount notto exceed
$20,000 for Pre-Planning for Post Hurricane/Disaster Recovery
Operations for the 2000 Hurricane Season. (Requires 6 votes)
(Attachment # 4)
Ordinance amending the Code of Ordinances, Chapter 53 - Traffic,
Article VIII. Schedules, Section 53-252. Schedule Ill - Parking
prohibited at all times on certain streets, by prohibiting roadside
parking at all times on both sides of west Broadway Street between
Padre Street and Sam Rankin Street; providing for penalties.
(Attachment # 5)
Ordinance authorizing the City Manager or his designee to execute a
Participation Agreement with So-San Corporation for public street
improvements on Oso Parkway abutting a dedicated public park not
to exceed $41,584.55 for City's share of costs of the improvements.
(Requires 6 votes) (Attachment # 6)
Ordinance closing and abandoning a 5,776-square foot portion of a
20-foot wide utility easement out of Lot 2B and 3, Block 1, Caja
Industrial Development Subdivision; requiring the owner, Regional
CITY COUNCIL
PRIORITY ISSUES
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Regular Council Meeting
March 13,2001
Page 4
10.
11.
Transportation Authority (RTA), to comply with the specified
conditions and replat the property within 180 days at owner's
expense. (Attachment # 7)
Ordinance closing and abandoning a 4,417.04-square feet, 10-feet
wide utility easement out of Lots R, S, U, and V, Block 9, Corpus
Christi Industrial District Section 2; requiring the owner, Horton
Automatics, to comply with the specified conditions and replat the
property within 180 days at owner's expense. (Attachment # 8)
Ordinance authorizing the City Manager or his designee to execute a
Sanitary Sewer Maintenance Agreement with Horton Automatics
requiring Horton Automatics to fully maintain the sanitary sewer line
in the easement and in return allowing Horton Automatics (owner) the
right to use the 10-foot wide (3,508.24-square feet) utility easement
out of Lot V, Block 9, Corpus Christi Industrial District Section 2, from
manhole to manhole with specified conditions; establishing a fee of
$4,385. (Requires 6 votes) (Attachment # 8)
Motion authorizing the City Manager or his designee to execute an
addendum to the contract for purchase of services from the State of
Texas, Department of Information Resources, to provide computer
maintenance to the Police Department's Digital Equipment
Corporation (DEC) equipment, authorized by Motion M2000-257,
approved by City Council on July 25, 2000, to add 200 mobile data
computers and miscellaneous equipment at an annual cost of
$11,946.72. (Requires 6 votes) (Attachment # 9)
Ordinance appropriating $35,822.41 from the State of Texas in the
No. 6010 Trust Fund - Law Enforcement Officer Standards and
Education for training of police personnel; amending the FY00-01
Budget adopted by Ordinance No. 024130 by adding $35,822.41 to
the No. 6010 Trust Fund - Law Enforcement Officer Standards and
Education. (Attachment # 10)
Resolution authorizing the City Manager or his designee to execute
an amendment to the Interlocal Agreement with the Coastal Bend
Council of Governments, that is funding the purchase of a mobile
water injection system (watertruck) for the City's Composting
Operation. (Requires 6 votes) (Attachment # 11)
CITY COUNCIL
PRIORITY ISSUES
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agenda summary)
Agenda
Regular Council Meeting
March 13,2001
Page 5
K. PUBLIC HEARINGS: (NONE)
LJ
REGULAR AGENDA
CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES:
12.
Motion authorizing the City Manager or his designee to rebate excess
arbitrage interest earnings to the U.S. Treasury on the Combination
Tax and Solid Waste Revenue Certificates of Obligation, Series 1995;
and the General Improvement Bonds, Series 1995-B. (Attachment
# 12)
13.
Motion authorizing the City Manager or his designee to execute a
contract in the amount of $174,550 with Gershman, Brickner &
Bratton, Inc. for Solid Waste Consulting Services to develop Solid
Waste and Landfill Business Plans, Landfill Contractor Procurement,
Automated Collection and Recycling Procurement. (Requires 6 votes)
(Attachment # 13)
14.
First Reading Ordinance - Authorizing and allowing under the act
governing the Texas Municipal Retirement System, "Updated Service
Credits" in said system on an annual basis for service performed by
qualifying members of such system who at the effective date of the
allowance are in the employment of the City of Corpus Christi;
providing for increased prior and current service annuities for retirees
and beneficiaries of deceased retirees of the City; establishing an
effective date for the ordinance. (Attachment # 14)
15.a.
Resolution supporting "A Proposal for Implementing the Rincon
Bayou Diversions and amending the 1995 Agreed Order on
Freshwater Inflows to the Nueces Estuary," requesting the Texas
Natural Resources Conservation Commission to approve necessary
amendments to the 1995 Agreed Order; and expressing appreciation
for efforts of the Nueoes Estuary Advisory Council. (Attachment # 15)
15.b.
First Reading Ordinance - Amending the Code of Ordinances, City of
Corpus Christi, by revising Article XII, Water Conservation, Chapter
55, Utilities, to establish automatic water conservation measure, to
codify the rules governing drought contingencies and establishing
permanent water conservation measures, and to direct an operations
plan for the reservoir system; amending the Water Conservation and
CITY COUNCIL
PRIORITY ISSUES
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agenda summary)
Agenda
Regular Council Meeting
March 13,2001
Page 6
15.C.
M=
16.
Drought Contingency Plan by deleting the references to specific
reservoir levels in Section 2.1 of the Drought Contingency Plan;
amending the Water Conservation and Drought Contingency Plan by
repealing Section 2.2 of the Drought Contingency Plan; revising and
clarifying certain other provisions of Article XII of Chapter 55;
providing for penalties; providing for severance. (Attachment # 15)
Motion authorizing the City Manager to retain HDR Engineering to
provide engineering services for design and bidding services related
to re-opening the Rincon Overflow Channel at a price not to exceed
$40,000, to provide construction services for the Rincon Channel
project at a price to be negotiated, and to provide services related to
construction of a pipeline from the Calallen Reservoir to the Nueces
Delta at a price to be negotiated. (Requires $ votes) (Attachment #
15)
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
Meetings Act, Chapter 551 of the Texas Government Code. In the event the
Council elects to go into executive session regarding an agenda item, the
section or sections of the Open Meetings Act authorizing the executive
session will be publicly announced by the presiding officer.
Planned Executive Session and Related Action
Notice is given specifically that the City Council expects to go into
executive session during this meeting regarding the following
additional matter:
Executive session pursuant to Texas Government Code Section
551.072 regarding the purchase, exchange, lease, or value of real
property in connection with acquisitions necessary for the Rincon
Bayou Project.
REPORTS:
The following reports include questions by Council to Staff regarding City
policies or activities; request by Council for information or reports from Staff;
reports of activities of individual Council members and Staff; constituent
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summa~)
Agenda
Regular Council Meeting
Mamh 13,2001
Page 7
concerns; current topics raised by media; foflow-up on Staff assignments;
scheduling of future Council meetings and activities; and other brief
discussions regarding city-related matters.
17. LEGISLATIVE UPDATE: Consideration of resolutions and actions
deemed appropriate by the City Council as to legislative issues before
the 77th Texas Legislature.
18. CITY MANAGER'S REPORT
* Upcoming Items
19. MAYOR'S UPDATE
20. COUNCIL AND OTHER REPORTS
O. 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 4:00 _p.m., March 9 ,2001.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Armando Chapa
City Secretary
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 by Monday morning.
Symbols used to highlight action item that implement
council priority issues.
CITY COUNCIL
1999 PRIORITY ISSUES: CONTINUE "AS IS"
�t Improve Basic Services: Trash, Brush, Debris
Improve Basic Services: Street and Road Maintenance
Improve Basic Services: Animal Control
= Improve Basic Services: Quality Water
Improve Basic Services: Lighting
Stormwater / Drainage
Northside Plan
Residential / Community Park Development
Capital Improvements / Bond Issue
OAirport Improvements
Street Assessment
NJCommunity -Oriented Policing
1999 PRIORITY ISSUES: CONTINUE WITH REVISIONS
Privatize Services
• Explore additional opportunities
-ofifi* Crime Control District Initiatives
• Address budget concerns and the ability to fund the program for the long-term
® Bayfront Development Plan
• Continue to vigorously pursue development in the Bayfront Arts & Sciences Park area
• Continue coordination / collaboration among entities in the area
Golf Course
Youth Crime Initiatives
Environmental Compliance
Development Center
NJCommunity -Oriented Policing
1999 PRIORITY ISSUES: CONTINUE WITH REVISIONS
Privatize Services
• Explore additional opportunities
-ofifi* Crime Control District Initiatives
• Address budget concerns and the ability to fund the program for the long-term
® Bayfront Development Plan
• Continue to vigorously pursue development in the Bayfront Arts & Sciences Park area
• Continue coordination / collaboration among entities in the area
Improve Basic Services: Park Maintenance
• Prepare / repair facilities
• Evaluate current facilities for improvement priorities
• Identify undeveloped park land for possible sale
• Consider outsourcing neighborhood park maintenance to Neighborhood Associations,
with assurances of equity
• Explore establishment of Adopt -A -Park program
Animal Control
• Ensure adequate staff and equipment
• Establish a "Cooperative Veterinarian" program
Economic Development
• Participate with local and regional economic development initiatives (not necessarily
with funding)
Bayfront Convention Center Expansion
• Modify plans or identify alternative funding sources as a result of study
NEW PRIORITY ISSUES FOR 2000
Internal Issues
Charter Revision
• Tax Cap
• Term Limits
• Utility Transfers
• Review previous Charter Commission's recommendations
IR 2 Improve Working Relationships with Other Taxing Entities
�i • Invite to quarterly meetings
• "Tax Summit"
• Explore opportunities to share in tobacco settlement dollars
Landscaping / Improvement of Entryway from Corpus Christi International Airport
• Code enforcement
Address Long-term Budgetary Issues
• Reach agreement on a plan / philosophy
• Acquire software, ensure monthly requisitions and timely CAFR
Md Legislative Issues
Museum of Science and History Long -Range Plan
M Tax Increment Financing District (Packery Channel)
Long-range Strategic Water Planning Capacity
External Issues
Metrocom
T
WN Crosstown Expressway
Spaceport
TMedical Campus
Long-range (after the Bond Issue)
Downtown Development
• Median improvement / landscaping
• Plan for development of west end of downtown (First United Methodist Church to
Memorial Coliseum)
r Hospitality Industry Development - Central City
�I CC Beach Development
rMarina Development
Development of Island, Post-Packery Channel
Foreign Trade Zone Expansion
Community -wide Visioning Process
1
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
City Council Workshop
February 20, 2001
12:12 p.m.
PRESENT
Mayor Samuel L. Neal Jr.
Mayor Pro Tem Betty Jean Longoria
Council Members:
Javier D. Colmenero*
Melody Cooper
Henry Garrett
Dr. Arnold Gonzaies
Rex A. Kinnison
John Longoria*
Mark Scott
Ci_ty Staff:
City Manager David R. Garcia
Deputy City Manager George Noe
City Attorney James R. Bray Jr.
Assistant City Secretary Mary Juarez
Recording Secretary Rachelle P. Ram6n
Mayor Neai called the workshop to order in the Basement Training Room of City Hail.
Assistant City Secretary Juarez checked the roll and verified that the necessary quorum of the
Council and the required charter officers were present to conduct the workshop.
City Manager Gareia introduced Ms. Daiquiri Richard, Executive Director of Beautify
Corpus Christi Association, and Ms. Susan Cable, Director of Communications and Quality
Management for the City of Corpus Christi. Ms. Richard explained that nationwide taxpayers spend
over $200 million each year to pick up litter. In order to better address the problem locally, the
"STOP Trashing Corpus Christi" (STCC) campaign was initiated in 1999.
Ms. Cable said that STCC is an innovative community outreach program that leverages
limited resources to increase positive environmental practices. The goal of STCC is to achieve a
noticeably cleaner environment and to change behaviors. She said two major impediments to having
a clean community are a lack of resources to significantly increase city efforts, and a lack of
understanding by citizens of the rules and responsibilities for property and waste management.
Ms. Cable said those involved in the STCC campaign developed a five-pronged strategy:
establish partnerships in the community; conduct community clean-up events and volunteer
recognition events; coordinate and promote city programs such as "Cash for Trash," household
hazardous waste collection, recycling and inlet stenciling; increase the education and marketing
campaign; and support new legislation and enforcement. Ms. Cable said 78 community organizations
have participated in community-wide clean-up events.
*Council Member John Longoria arrived at 12:20 p.m.
Ms. Richard listed many of the initiatives undertaken by other communities, and Ms. Cable
described specific accomplishments of the locai STCC campaign. They include ongoing educational
Minutes - City Council Workshop
February 20, 2001
Page 2
programs in schools; targeted communications, including public service announcements, videos,
coloring books, utility bill inserts, and others; amendments to the city's ordinances regarding solid
waste and graffiti removal; and five annual community clean-up events, two of which are
coordinated with national events.
Several city staff members responded to Council members' questions concerning how the
city deals with litterers, including people who litter at shopping centers and other private property.
Mayor Neal noted that large quantities of trash often collect on undeveloped farm land located along
major thoroughfares.
Ms. Cable said a community clean-up event has already been held on February 17th, and
other scheduled dates are April 7th (in conjunction with "Don't Mess with Texas Trash-Off"), June
16th, August 18th, and October 27th (coordinated with "Make a Difference Day").
Ms. Cable discussed three different concepts for the community-wide clean-up events, and
there was consensus of the Council to adopt the first concept, in which the Mayor, At-Large and
District Council members would each take the lead for one of the scheduled events. Their lead role
would include promoting the event and holding a follow-up news conference to recognize
volunteers.
The schedule of events would be as follows: (local events) June 16, 2001 - District 1; August
18, 2001 - District 2; February 2002 - District 3; June 2002 - District 4; and August 2002 - District
5. The Mayor and At-Large members would head up the clean-up events held in conjunction with
the state and national events: April 7, 2001 - Mayor; and October 27, 2001, April 2002 and October
2002 - each of the three At-Large Council members.
Mayor Neal said the Council members could work with the directed patrol officers in their
areas to help coordinate the clean-up events. He added that enforcement of the regulations against
littering and in support of the solid waste ordinance is important. Several Council members made
similar comments. Mayor Neal asked staff to compile these ideas and bring them back to the Council
so they can take a public position on them.
*Council Member Colmenero arrived at 1:15 p.m.
Council Member Betty Jean Longoria stated that the Council needs to remember this
proposal when they prepare the budget for the next fiscal year. Additional comments were made
about setting aside a particular day in Municipal Court to process violations of the solid waste
ordinance.
There being no further business to come before the Council, Mayor Neal adjourned the
workshop at 1:20 p.m. on February 20, 2001.
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
February 27, 2001
2:04 p.m.
PRESENT
Mayor Samuel L. Neal Jr.
Mayor Pro Tern Betty Jean Longoria*
Council Member~:
Javier D. Colmenero
Melody Cooper
Henry Garrett
Dr. Arnold Gonzales
Rex A. Kinnison
John Longoria
Mark Scott
Ciw Staff:
City Manager David R. Garcia
Deputy City Manager George Noe
City Attomey James R. Bray Jr.
City Secretary Armando Chapa
Recording Secretary Rachelle P. Ram6n
Mayor Neal called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by Rev. Shane Kinnison, Parkdale Baptist Church, following
which the Pledge of Allegiance to the United States flag was led by Council Member Gonzales. City
Secretary Chapa called the roll and verified that the necessary quorum of the Council and the
required charter officers were present to conduct the meeting. Mayor Neal called for approval of the
minutes of the regular Council meeting of February 20, 2001, and the special Council meeting of
February 21, 2001. A motion was made and passed to approve the minutes as presented.
Mayor Neal referred to the board and committee appointments on the day's agenda, and the
following appointments were made:
Coinmittee for Persons With Disabilities
Sandra Cabazos
Linda Falwell-Stover
Roberto Flores
Frances Garza
Jon Harwood
Crystal Lyons
Toni Padilla
Eloy Soza
Glenn Ray Tomo
Mayor Neal called for petitions from the audience.
Mr. David Perry, 14126 Cutlass Ave., said he lives on Padre Island and owns four
commercial lots on Section B of Block 17. He said he and his wife were preparing to build a
restaurant there when he learned of an ordinance (No. 023905) that was approved by the Council on
Minutes - Regular Council Meeting
February 27, 2001
Page 2
January 11, 2000, after he bought that property. He said the ordinance, which restricts his access to
Palmero Street, was requested by the Padre Island Property Owners Association. He said it was
believed that the commercial lots there detracted from the residential lots. Mr. Perry also discussed
the screening requirements contained in the ordinance. Mayor Neal encouraged Mr. Perry to meet
with Mr. Michael Gunning, Director of Planning and Development, to share his concerns.
*Council Member Betty Jean Longoria arrived at 2:10 p.m.
Mr. Leon Perez, 904 Buford, complained about a renter who is not maintaining his property
at 650 Robert Drive. He said he reported it to the Zoning and Code Enforcement Department, who
informed Mr. Perez that since he is the property owner, it is his responsibility to maintain it.
Mr. Abel Alonzo, 1701 Thames, thanked the members of the Committee for Persons with
Disabilities for working so hard to make that committee a reality. He said it is just the beginning of
an effort to eliminate the biases and prejudices that exist against disabled persons.
Ms. Judy Telge, Accessible Communities Inc., said some of the members of the Committee
for Persons with Disabilities are going through a leadership class to learn how to be good citizens.
She invited the Council to attend the next leadership training class on March 17th.
Mayor Neal called for consideration of the consent agenda (Items 3-11). Council members
requested that Items 5, 6, and 10 be withheld for discussion. There were no comments from the
audience. City Secretary Chapa polled the Council for their votes and the following were passed:
3.a. M2001-093
Motion to rescind the award to Bums International Security Services, Corpus Christi, Texas
in the amount of $208,542.62 and all action regarding previous bids received under Bid
Invitation No. BI-0033-01, by repealing Motion No. M2000-432.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
3.b. M2001-094
Motion approving a supply agreement with U.S. Security Associates, Inc., Corpus Christi,
Texas for Uniformed Guard Security Services for City Hall, Central Library and the O.N.
Stevens Water Treatment Plant in accordance with Bid Invitation No. BI-0033-01 based on
low bid meeting specifications for an estimated annual expenditure of $226,781.10. The
term of the contract is for twelve months with options to extend for up to two additional
twelve-month periods, subject to the approval of the contractor and the City Manager or his
designee. Funds have been budgeted by the using departments in FY00-01.
Minutes - Regular Council Meeting
February 27, 2001
Page 3
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria. and Scott voting "Aye."
4. M2001-095
Motion authorizing the City Manager or his designee to execute a construction contract with
Elite Construction Company in the amount of $164,500 for the Texas State Aquarium Sea
Lab Renovations Project.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Gat'rea,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
Motion authorizing the City Manager or his designee to execute Change Order No. 2 with
Haas Anderson Construction in the amount of $172,902.50 for rehabilitation of
approximately 1,190 linear feet of24-inch wastewater and stormwater lines (Alameda, Santa
Fe, and Weber Overlay Projects).
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
FIRST READING ORDINANCE
Ordinance authorizing the City Manager or his designee to execute a five-year concession
services lease with Prince Catering at both the Oso Beach Municipal Golf Course and the
Gabe Lozano, Sr. Golf Center in consideration of Prince Catering paying 17% of monthly
gross sales or $2,500 per month, whichever is greater, at each facility.
The foregoing ordinance passed on first reading by the following vote: Neal, Colmenero,
Cooper, Garrett, Go,Tales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
FIRST READING ORDINANCE
Ordinance authorizing the City Manager or his designee to execute a five-year lease
agreement with the Gulf Coast Gem and Mineral Society ("Lessee") at the Kiwanis
Recreation Center in consideration of lessee providing lapidary classes and workshop
programs ("Programs") to the public and payment to the City of 35% of all revenues
generated from these programs.
The foregoing ordinance passed on first reading by the following vote: Neal, Colmenero,
Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
Minutes - Regular Council Meeting
February 27, 2001
Page 4
11.
RESOLUTION NO. 024383
Resolution strongly supporting House Bill 1449 relating to expiration of the property
redevelopment and Tax Abatement Act.
The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
Before opening discussion on Item 5, Mayor Neal said he had inadvertently overlooked a
citizen who had signed up under petitions from the audience.
Mrs. Ben Perry, 14126 Cutlass Ave., said she is the wife of Mr. David Perry (who addressed
the Council earlier). She said she is very angry about the situation with the ordinance and she just
wishes to build her restaurant.
Council Member Colmenero asked about Item 5, lighting of outdoor sports facilities. Mr.
Angel Escobar, Director of Engineering Services, explained that master plans will be designed for
the eight fields on the city-owned portion of Price Field. After that city staff will meet with
representatives of the sports organizations and decide which fields will receive improvements under
this first phase. City Secretary Chapa polled the Council for their votes as follows:
5. M2001-096
Motion authorizing the City Manager or his designee to execute an engineering services
contract in the amount of $174,339 with Cowell & Associates Inc. for Outdoor Sports
Facilities - Lighting (Bond Issue Project B-4).
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
Mayor Neal opened discussion on Item 6, beach nourishment project. Responding to Mr.
Colmenero, Mr. Eseobar said this item will add the last three additive alternates to the original beach
nourishment contract. Mayor Neai asked staffto formally respond to a letter to the editor in the local
newspaper saying that tax money was being used on this project, which is erroneous. City Secretary
Chapa polled the Council for their votes as follows:
Motion authorizing the City Manager or his designee to execute a grant agreement, should
it be offered, with the Texas General Land Office in the amount of $201,750 for the Corpus
Minutes - Regular Council Meeting
February 27, 2001
Page 5
Christi Bay Beach Nourishment Project.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
6.b. ORDINANCE NO. 024381
Ordinance appropriating $201,750 from the Texas General Land Office, upon receipt of grant
approval, in the No. 1050 State/Federal Grants Fund for the Corpus Christi Bay Beach
Nourishment Project.
An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Cooper,
Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
6.c. ORDINANCE NO. 024382
Ordinance appropriating $28,635.51 from the Unappropriated Fund Balance in the No. 3280
Park Fund for the Corpus Christi Bay Beach Nourishment Project; amending Ordinance No.
024162 which adopted the FY00-01 Capital Improvement Budget by adding $28,635.51 to
the No. 3280 Park Fund.
An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Cooper,
Garrett, Gonzales, Kiunison, B. Longofia, J. Longofia, and Scott voting "Aye."
Mayor Neal opened discussion on Item 10, Oso Pony Baseball League lease. In response to
Council Member Garrett, Mr. Tony Cisneros, Director of Park and Recreation, explained that some
minimal improvements have been made to the neighborhood park portion of South Guth Park, while
the bond program will be funding improvements solely to the athletic facilities at this time. Council
Member Scott said the Pharaoh Valley Property Owners Association is working to improve the
neighborhood park. City Secretary Chapa polled the Council for their votes as follows:
10. FIRST READING ORDINANCE
Ordinance authorizing the City Manager or his designee to execute a ten-year lease with Oso
Pony Baseball League for the use of a portion of South Guth Park in consideration of Oso
Pony Baseball League maintaining the premises and improvements and operating a baseball
program.
The foregoing ordinance passed on first reading as follows: Neal, Colmenero, Cooper,
Garrett, Gonzales, B. Longoria, J. Longoria, and Scott voting "Aye"; Kinnison absent.
Minutes - Regular Council Meeting
February 27, 2001
Page 6
Mayor Neal opened discussion on Item 12, landfill tipping fees. Mr. Ron Massey, Assistant
City Manager for Public Works and Utilities, explained that this is the second reading of the
ordinance regarding tipping fees. Using a computer presentation, Mr. Massey discussed a synopsis
of landfill commercial revenues for FY00-01. He said staffhad budgeted revenues at this time to be
$3.8 million, while actual revenues received are $3. I million. He said that reflects a decrease of
about 30,000 tons of trash that is not being brought to the Elliott Landfill. He said staff projects a
loss of 67,000 tons by the end of the fiscal year.
Mr. Massey said assuming a similar loss rate through the end of the fiscal year and using the
current tipping fee of $26.50 per ton, the revenues would only be about $6.04 million, although they
were originally budgeted at $7.7 million. At a tipping fee of $24.50 per ton, revenues would be $5.8
million and at $22.50 per ton revenues would be $5.6 million.
Mr. Massey then discussed a second chart which assumes varying tonnage losses at different
tipping fees. Projecting a 49,000-ton loss (rather than a 67,000-ton loss) at a rate of $24.50 per ton,
revenues would be $6.3 million, while a projected 42,600-ton loss at a rate of $22.50 per ton would
result in revenues of $6.2 million. He said staff believes that a competing landfill is offering
contracts to haulers for their tonnage.
The Assistant City Manager said staff's recommendation is that the City Manager be granted
the authority to not only set the tipping fee based on market conditions for inside city limits (ICL)
customers, but that he also be authorized to enter into contracts for outside city limits (OCL)
customers for tonnage. He said the contracts could be framed to review not just a customer's total
tonnage but his historical tonnage as well. He said the idea is to offer an incentive to draw as much
historical tonnage as possible back to the city's landfill.
Mr. Massey also discussed staff's computations on landfill disposal costs. He said the only
equipment costs are for the equipment that operates at the landfill. He noted that one of the expense
items is $1.95 million for debt service and another $1 million for regulatory compliance. He said
many of those costs will not decrease even if less tonnage is brought to the landfill.
Responding to Mayor Neal, Mr. Lawrence Mikolajczyk, Acting Director of Solid Waste
Services, said the Council approved a budget for the whole Solid Waste Services Department of
$16.4 million, which consists of $6.3 million for the landfill and $10.1 million for residential
garbage, heavy brush collection, recycling, compliance and administrative costs. He said the revenue
from solid waste fees is approximately $I1 million. Mr. Maxio Tapia, Acting Director of
Management and Budget, said the total Solid Waste Services revenue budget is $20.2 million.
Replying to additional questions from the Mayor, Mr. Massey said staffbelieves that it will
take more than just lowering the tipping rate at the landfill gate in order to retain tonnage. He
reiterated that staffis recommending entering into contracts with haulers in order to reduce tonnage
losses. He said the competing landfill is aggressively seeking contracts with haulers and offering
them much lower rates. City Manager Garcia said that through aggressive pricing and contracting,
there is the potential to substantially offset the revenue the city was not receiving.
Minutes - Regular Council Meeting
February 27, 2001
Page 7
Council Member Garrett said when the Council discussed this issue during the February 20th
meeting, they told staffthey did not want to enter into contracts with the haulers, which is what staff
is recommending. Mr. Massey said his instructions from the Council were to be competitive and to
operate the landfill in a business-like manner. However, he said, not being able to offer contracts to
haulers constrains the city's ability to compete. Mr. Garcia said that lowering the tipping rate
accelerates the revenue loss in some areas. He said he cannot guarantee that it will not stop the loss
of tonnage the landfill is currently experiencing.
In response to Council Member Scott, Mr. Garcia said staffhas to take more dramatic steps
to manage its waste program. He said they anticipate coming back to the Council within the next six
months with a comprehensive flow-control ordinance. Mr. Scott asked how the city plans to be fair
to both the large and small haulers. Mr. Massey said staff would use historical tonnage as a starting
point for negotiations.
Mr. Garcia said staff cannot tell the Council how the contracts with the individual haulers
will be structured. He said staffwould like to maintain a flat rate for garbage collected inside the city
limits while aggressively targeting the OCL haulers to use the Elliott Landfill. He added that
currently there is no distinction between ICL and OCL garbage, which he explained. Mr. Scott said
he thought the City Manager should have the capability of setting a fixed rate as well as to negotiate
additional tonnage contracts for no longer than six months.
Council Member Gonzales said last week the Council gave the City Manager the flexibility
to set the rates across the board. However, the scenario staffpresented was bleak and instead staff
is recommending the use of contracts along with lower tipping fees.
Council Member Kinnison said staff did what the Council directed them to do and they
brought back several financial projections. He then made a motion to amend the ordinance prior to
second reading to give the City Manager the authority to negotiate commemial tipping fee contracts
for disposal of solid waste at the city's landfill for a six-month period.
Responding to Council Member Colmenero, Mr. Massey said the budgeted landfill revenues
of $7.7 million were based on approximately 300,000 tons, and staffis anticipating a loss of 67,000
tons by the end of the fiscal year. He noted that the monthly tonnage loss started out small but it has
continued to increase. Mr. Massey said staff is estimafmg losses of 6,000 tons per month for the next
six months. He added that the revenue figures were calculated with the assumption that certain
measures would be implemented to manage the solid waste generated inside the city limits, which
has not yet occurred.
Council Member John Longoria said staff's recommendation is to establish contracts with
individual haulers, which would freeze their base tonnage amounts and allow them a break on
amounts over that. He discussed different scenarios that could occur. Responding to Mr. Longoria,
Mr. Mikolajczyk said BFI's landfill in Sinton will be closing in about 12 months. A discussion
ensued. Mr. Massey pointed out that the city does not handle the billing for the disposal of residential
solid waste the same way as the billing for commercial solid waste.
Minutes - Regular Council Meeting
February 27, 2001
Page 8
Responding to Mr. Garrett, Mr. Mikolajczyk said he did not think that E1 Centro Landfill
accepts heavy brush or tires. Council Member Betty Jean Longoria said she will support staff's
recommendation because she has a responsibility to the budget.
Ma'. Longoria seconded Mr. Kinnison's motion to amend the ordinance. Mayor Neal called
for comments from the audience.
Mr. Ralph Diaz, co-owner of Corpus Christi Disposal Service, said historical tonnage means
the tonnage his company had last year, and it could vary depending on how aggressive his
competitors wish to be. He said he has several OCL contracts and they are designed to save the
customer money while still providing the necessary service. He said his company has continued to
utilize the city's landfill despite increased cost to him. Mr. Diaz also asked how he would be
expected to differentiate between OCL and ICL loads.
Mr. John Torrey, Captain Hook Dumpsters, said he thinks Mr. Kinnison's motion is a vote
against small business. He said staff overestimated the landfill revenues and they are only looking
at the short-term consequences. He said this action would deny the opportunity for other businesses
to compete in the market. Mr. Kinnison said the plan recommended by staff is intended to induce
haulers like Mr. Torrey to take their loads to the Elliott Landfill rather than the El Centro Landfill.
To do so, they will have to offer the haulers a better deal, which means the haulers will benefit.
Mr. Larry Woods, Sixteen Services, questioned why a large hauler should be given a special
price break if the city institutes flow control. He said there are other ways to recoup lost revenues,
such as taxing large vehicles that cause wear and tear on the city's streets. He indicated support for
the Council's vote on this issue last week and he urged them not to amend the ordinance.
Mr. Mickey Shuford, District Manager and General Manager of BFI, said he started in the
waste management business with one track so he understands the concerns of both small haulers and
large haulers. He said BFI has continued to bring the same waste stream to the city's landfill for the
last six months, although it has cost them more money than at E1 Centro. He said the tipping fee is
a cost that the haulers pass through to their customers and BFI just wants it to be equitable.
Responding to Mayor Neal, Mr. Shuford said last month BFI took 9,400 tons to the city's landfill,
while their average monthly tonnage is 7,000 tons. Mr. Mikolajczyk said the landfill's total average
monthly commercial tonnage is 19,000 tons.
The Mayor said if the tipping fee is reduced and the reduced tonnage projections are realized,
landfill costs will have to be decreased in order to offset the lost revenue. He said the only variable
costs are personnel and fuel because the other costs (such as debt service and regulatory compliance)
are fixed. As a result, the landfill operation will need.to be reengineered. Mr. Garcia said there is a
possibility that residential garbage collection will be impacted.
Mayor Neal called for a brief recess.
Upon reconvening, City Secretary Chapa read Mr. Kinnison's motion to amend the ordinance
Minutes- Regular CouncilMeeting
February27,2001
Page 9
prior to second reading to give the City Manager the authority to negotiate commercial tipping fee
contracts for disposal of solid waste at the city's landfill for a six-month period.
Responding to Mr. Longoria, Mr. Garcia said the issue of the six-month period was not
originally proposed by staff last week but it emerged during the discussion because he had told the
Council that staff intended to come back in six months with a long-term strategy. Mr. Scott asked
about the distinction between OCL and ICL, which Mr. Mikolajczyk explained.
Mr. Chapa polled the Council for their votes on Mr. Kinnison's motion to amend, and it
passed by the following vote: Cooper, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye";
Neal, Colmenero, Garrett, and Gonzales voting "No."
Dr. Gonzales asked if an amendment on second reading required just a majority vote or a
two-thirds vote, and Mr. Chapa replied that it is a majority vote. Mr. Chapa then polled the Council
for their votes on Item 12 as amended:
12. ORDINANCE NO. 024384
Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 21, Garbage,
Trash, and Other Refuse, to authorize the City Manager to contract reduced tipping fees for
disposal of solid waste at the city's landfill.
The foregoing ordinance passed on second reading, as amended, by the following vote:
Cooper, Kinnison, B. Longofia, J. Longofia, and Scott voting "Aye"; Neal, Colmenero,
Garrett, and Gonzales voting "No."
Mayor Neal opened discussion on Item 13, renaming of Nueces River Park. City Manager
Garcia said that several weeks ago the Council established a subcommittee, chaired by Council
Member Garrett, to examine ways to honor Terry and Bobby Labonte, nationally acclaimed
NASCAR racers.
Ms. Yvoune Haag, Acting Assistant to the City Manager, said that in addition to Mx. Garrett,
the subcommittee members were Tom Niskala, Daiquiri Richard, Tony Cisneros, Dave Hamrick,
Paul Longoria, Diana Garza, and herself. Ms. Haag said the committee took into consideration that
Terry and Bobby Labonte are proud of the fact that they are native Corpus Christians, even though
they no longer live here. She said the committee is recommending renaming Nueces River Park in
their honor and another option is a permanent display at the airport, which will have to be considered
after the terminal reconstruction is completed.
Ms. Haag also said that the public relations representatives for Terry and Bobby Laborite
expressed their enthusiasm about the proposed park renaming, particularly since it is located in
northwest Corpus Christi where many of the Labontes' fans live. Ms. Haag said they are very
Minutes - Regular Council Meeting
February 27, 2001
Page 10
supportive of whatever honor is bestowed on the Labontes. Mr. Garrett noted that in their research,
the committee found there are more fans who watch stockcar racing than baseball and football
combined.
Mr. Cisneros said the city has a policy regarding the naming of city parks and recreational
facilities. He said the Park and Recreation Advisory Committee discussed this proposal on February
15, 2001 and although they are supportive of honoring the Labonte brothers in some way, they do
not support renaming Nueces River Park. Instead, they recommended naming the old City Hall site
on Shoreline Boulevard in honor of the Labontes.
Responding to Mayor Neal, Mr. Cisneros said subcommittee members have spoken with
representatives of the Texas Department of Transportation regarding signage for the park if the
renaming is approved. Mr. Garcia said they have obtained cost estimates for replacing those signs
as well as installing additional signs in the park itself.
Mr. Tom Niskala, Chairman of the Chamber of Commerce, said the business community is
very supportive of this proposal and several businesses have offered financial assistance.
City Secretary Chapa polled the Council for their votes as follows:
13. M2001-099
Motion authorizing the renaming of the Nueces River Park, the Terry and Bobby Labonte
Park and waiving the 60 day waiting period as prescribed by the park naming policy.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
Mayor Neal opened discussion on Item 14, police officers agreement.
In a computer presentation, Deputy City Manager Noe said staff and representatives of the
Corpus Christi Police Officers Association (CCPOA) began negotiations in May 2000 and a tentative
agreement was reached on February 23, 2001. Although the prior agreement expired on July 3 l,
2000, the agreement's provisions have been carried forward under the "evergreen clause.'
Mr. Noe reviewed the agreement's key provisions: e-mall access for CCPOA bulletin board
information; changes to the retirement plan, including a 50% CPI adjustment on automatic renewal
and a 20-year retirement option by August 1, 2002; bomb squad pay increase (from $50 to $75 per
month); and a lump sum allocation of two personal leave days in FY00-01.
He said other key provisions are one additional shift of vacation for employees with over 15
years of service; extension of the current enay list until June 30, 2001; reduction in force issues,
Minutes - Regular Council Meeting
February 27, 2001
Page 11
including clarifying what state law governs and limiting "bumping" if appointed positions are
reduced; and resolving nepotism issues for promotion and transfer.
Mr. Noe also outlined the financial impact of the agreement, which is minimal this fiscal
year. He explained that the retirement CPI adjustment was budgeted and implemented in August
2000 and the increase in bomb squad pay ($720 annual cost) will be absorbed. The 20-year
retirement provision ($130,000) will be included in FY02-03 and the "reopener" cost is unknown.
He said the union bargaining committee is unanimously recommending the agreement to the union
membership and staff recommends approval. Responding to Council Member Garrett, Mr. Noe said
the 20-year retirement provision is applicable at any age.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
14. M2001-100
Motion authorizing the City Manager to execute on behalf of the City a collective bargaining
agreement with the Corpus Christi Police Officers Association from August 1, 2000 thru July
31, 2002, as negotiated by City and association representatives.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kiunison, B. Longoria, J. Longoria, and Scott voting "Aye."
Mayor Neal announced the executive session (Item 15), pursuant to Texas Government Code
Section 551.072 regarding the purchase, exchange, lease, or value of real property in connection with
acquisitions necessary for the Rincon Bayou Project. The Council went into executive session. The
Council returned from executive session.
Assistant City Manager Massey gave an update on the process of negotiations on the Rincon
Bayou Project. In a computer presentation, he reviewed the key elements of the proposed revised
agreed order: the city will restore the Rincon Overflow Channel, evaluate and (if possible)
implement improved hydrology measures; the city will design, permit and construct a delivery
system to transport 2,000 to 3,000 acre-feet per month of water from the Calallen Pool directly to
the Upper Rincon Bayou area; and the city will design, fund and implement a long-term monitoring
plan. He then showed an aerial photograph of the project area.
Mr. Massey said the agreed order calls for the city to automatically implement the following
measures: when the reservoir system reaches 50% of capacity, the city will initiate enhanced water
conservation communications to the public; at 40% outdoor watering will be prohibited between 10
a.m. and 6 p.m.; and at 30% lawn watering will be reduced to every five days (in addition to the
hourly restrictions). Also, the city's fresh water pass-through requirements would be limited to 1,200
acre-feet per month from 40% to 30% of capacity and eliminated at 30% of capacity.
Minmes - Regular Council Meeting
February 27,2001
Page 12
Mr. Massey also discussed the time frame of the negotiations, noting that the Nueces Estuary
Advisory Council (NEAC) will be voting on this proposal on March 6, 2001 and staff will bring
NEAC's recommendation to the City Council during their March 13th meeting. Then the proposal
will be taken to the Texas Natural Resource Conservation Commission on either April 4th or April
18th and, if approved, the city would begin operating under the new agreed order on May 1 st. Mr.
Massey also reviewed the implementation schedule for the project.
Mayor Neal called for Council concerns and reports.
Responding to a question from Mrs. Longoria, Mr. Garcia said that Nueces County Judge
Richard Borchard was in Austin lobbying against a bill sponsored by Senator Carlos Truan to
increase the membership of the Port of Corpus Christi Board.
Mr. Scott asked about marina fee increases. Mr. Garcia said staff is looking at increases in
a range of fees in preparation for next year's budget.
Mr. Colmenero reported code violations at 4109 Bradford, including high weeds and a
burned house.
Mr. Longoria asked about the Frost building. Mr. Garcia replied that the lease has been
signed and the construction contract will be brought before the Council at their next meeting.
Ms. Cooper announced a town hall meeting on March 5th at 6 p.m. at Island Presbyterian
Church, in conjunction with Council Members Scott, Garrett, and Gonzales. Ms. Cooper thanked
city staff for consistently attending the town hall meetings that she holds.
There being no further business to come before the Council, Mayor Neal adjourned the
Council meeting at 5:40 p.m. on February 27, 2001.
2
BOARD OF ADJUSTMENT - One (1) vacancy with term to 4-04-02. ~OTE: The
board has a policy of requesting the appointment of the longest-serving Alternate
member to a vacant position and that a new person fill the Alternate position.)
COMPOSITION
Seven (7) members appointed by the City Council. The membership must include
two (2) alternates; be residents of the City. Only five (5) members may vote, and four
(4) must concur to grant an appeal.
ORIGINAL
Peter Mahaffey, Chairman 4-04-02
Thomas McDonald, Vice-Chairman 4-04-02
Robert Huegele 4-04-02
Robert Broadway 4-04-02
Louis Alvarado 4-04-02
Charles Schibi (Alternate) 4-04-02
John Martinez (Alternate) 4-04-02
8-12-97
4-14-98
1-07-97
10-10-00
4-14-98
4-I 1-00
10-10-00
* Resigned
INDIVIDUALS EXPRESSING INTEREST
Gene Clancy
Compliance Manager/Business Unit Manager, Applied
Petroleum Technologies. Attended Houston Community
College, Houston, TX. Memberships include: Texas
Society of Environmental Managers, Industry Council on
the Enviroment and Association of Chemical Industry of
Texas. (1-18-00)
Herbie Garcia, Jr.
President, NetReadyGo. Com, Inc. B.B.A. in MIS from
Texas A&M-Corpus Christi. Member of Hispanic Chamber
of Cornmerce and LULAC Who's Who - Information Systems
Professionals. Work experience includes: Senior Planner for
the City of Houston and Manager in the Texas Governor's
Office during the Richards administration. Has been a business
owner since 1999. (2-13-01)
3-13-01, page 1
Gary Motl
Owner, Crystal Construction. Attended West Texas State
University, Texas Tech and Del Mar College. Active with
the U.S. Open Windsurfing Regatta and East West
Powerboat Shoot Out. (9~18-00)
3-13-01, page 2
BUILDING STANDARDS BOARD - Two (2) vacancies with three-year terms to 3-03-04
representing the following categories: I - Member at large and 1 - chosen from the following
categories: realtor, architect, engineer, general contractor, home builder or building
materials dealer.
COMPOSITION
Seven (7) members, three (3) members at large of who shall be residents of the City and
home owners; one (1) shall be a lawyer, three (3) chosen from: realtor, architect, engineer,
general contractor, home builder or building materials dealer. Appointed by the City Council
for three-year staggered terms. Elects its own chairman.
ORIGINAL
AP___~P~T_~_. DATE
D. Ray Jones (General Contractor), Chairman
William M. McGuire (Architect)
Beverly Bacak (Member at Large)
Mary Esther Guerra (Attorney)
Irma Sanjines (Member at Large)
Leroy San Miguel (Member at Large)
William Goin (Home Builder)
3-03-02 9-14-93
3-03-03 4-11-00
3-03-02 5-18-99
3-03 -02 1 - I 1-00
3-03-03 4-11-00
3-03-01 10-08-96
3-03-01 2-17-98
* Seeking reappointment
** Not seeking reappointment
ATTENDANCE RECORD OF MEMBER SEEKING REAPPOINTMENT
NAME
NO. OF MTGS.
THIS TERM
NO. % OF ATTENDANCE
PRE._~SENT_ LAST T_~ERM YEAR
Leroy San Miguel (At large) 4
4 100%
OTHER INDIVIDUALS EXPRESSING INTEREST
Dipak V. Desai
Envirormaental Manager, Port of Corpus Christi. M.S. in
Petroleum Engineering and Mechanical Engineering, B.S.
in Process Engineering. Member of the American Society
of Petroleum Engineers, Air and Waste Management
Association and Leadership Corpus Christi Alumni (Class
XXV). (Engineer) (10/10/00)
3-13-01, page 3
Randy Farrar
Herbie Garcia, Jr.
Rudy Garza
Richard Johnson
James Robichaux
John T. Tucker, Jr.
Leslie Wemer de Soliz
Ronald Wheaton
3-13-01, page 4
Home Builder. B.B.A. in Accounting, Texas A&M University..
First Vice President Builders Association of Corpus Christi.
Member of Texas Association of Builders - Governmental
Relations Committee. Serves as 2000 Chairman for Parade
of Homes. (Home Builder) (2-16-99)
President. NetReadyGo. Com, Inc. B.B.A. in MIS from
Texas A&M-Corpus Christi. Member of Hispanic Chamber
of Commerce and LULAC Who's Who - Information Systems
Professionals. Work experience includes: Senior Planner for
the City of Houston and Manager in the Texas Governor's
Office during the Richards administration. Has been a business
owner since 1999. (Member at large)(2-13-O1)
Self-employed - Real estate. B.B.A. from Texas A&M -
Corpus Christi. Member of Marketing Association of Gulf
Coast. (3-08-01) (Realtor)
Retired Computer Specialist, CCAD. B.S. in Education.
Certified by the Department of Justice as an American
Disabilities Act (ADA) consultant. (Member at Large)
(3-oz-oo)
Attorney/Shareholder, Matthews & Branscomb. B.B.A.
and J.D., U.T. Austin. Member of C.C. Bar Association,
Texas Bar Association and American Bar Association.
Former adjunct professor of business law, C.C. State
University. (Attorney) (9-02-99)
Self-employed home builder. Active member of Builders
Association Corpus Christi Area (BACCA) - Past President
1997. Voted 1999 Builder Member of the Year. (Home
Builder) (11-06-00)
Attorney, Self-employed. Holds a J.D., M.B.A. and B.S.
Member of State Bar Association, Nueces County Bar,
Coastal Bend Women Lawyers Association. Former
Assistant City Attorney, City of Victoria. (Attorney)
(oI-o4-oo)
President, BMW Engineering, Inc. B.S. in Mechanical
Engineering, Michigan State University. Licensed by
Texas State Board of Professional Engineers. (Engineer)
(4-19-00)
c. ETHICS COMMISSION - One (I) vacancy ~vith term to 10-01-01. (Appointed
by two-thirds of the full CounciO
COMPOSITION
Nine (9) members appointed by a two-thirds vote of the full council. Nominations
are to be solicited from a wide variety of professional and community organizations
in the city but interested individuals may also submit their names for consideration.
Initially, the terms of three members shall be one year, and the initial terms of
another three terms shall be two years. The persons having such shorter terms shall
be determined by lot. No holding over is permitted except as expressly provided in
the code of ethics. The commission shall elect a chairperson and a vice-chairperson.
MEMBER__S TERM
ORIGINAL
APPTD. DATE
Garry Bradford. Chairman
Rev. Dr. Raymond Kiser
Rev. Derrick Reaves
Fred Haley
J. Allen Lowe
Eduardo Hinojosa
Captain Craig Reynolds
Irma Caballero
Gloria Pemz
10-01-02 4-28-98
10-01-03 11-09-99
10-01-02 10-12-99
10-01-02 11-14-00
I 0-01-01 2-08-94
10-01-03 8-12-97
10-01-01 6-13-00
I0-01-01 7-11-00
10-01-03 11-09-99
* Resigned
INDIVIDUALS EXPRESSING INTEREST
Harold Frederickson
Acquisition Executive, Department of Defense. B.S.,
Liberty University. Currently serves on Housing
Authority board. (2-05-98)
Herbie Garcia, Jr.
President, NetReadyGo.Com, Inc. B.B.A. in MIS from
Texas A&M-Corpus Christi. Member of Hispanic
Chamber of Commerce and LULAC Who's Who -
Information Systems Professionals. Work experience
includes: Senior Planner for the City of Houston and
Manager in the Texas Governor's Office during the
Richards administration. Has been a business owner
since 1999. (2-13-01)
3-13-01, page 5
Charles Irwin
Batyah Joseph
Roy Martinez
Raul Torres
Retired Professor of Management, Texas A&M-
Corpus Christi. Ed.D., Business Administration.
Served as the Campus Ethics Advisor for TAMU-
CC. Volunteer activities include serving as Civic
Club President and former President of Pharaoh
Valley Neighborhood Association. (6-23-97)
Manager, Adopt-a-Nursing Home Program. B.S. in
Education, Long Island University. Member of
Mayor's Council on Senior Citizen Affairs (Vice-
President) and Directors of Volunteers in Agencies
(DOVIA). Former member of Area Agency on
Aging. (1-05-00)
Letter Carrier, U.S. Postal Service. Member of
American Legion, G.I. Forum, Disabled American
Veterans, and National Association of Letter Carriers.
Has been recognized by the Postal Service for
customer service. (11-02-99)
CPA, Self-Employed. Member of Texas Society
of CPAs and American Management Association.
(6-06-07)
3-13-01, page 6
3
AGENDA MEMORANDUM
DATE: March 7, 2001
SUBJECT: Denver Avenue at Jackson and Ohio Avenue Storm Water Improvements
(Project No. 2109)
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to execute a construction contract
with Jhabores Construction Company, Inc. for a total fee not to exceed $304,948.30 for the
Denver Avenue at Jackson and Ohio Avenue Storm Water Improvements Project.
ISSUE: The City's on-going Minor Storm Drainage Improvement Program has identified
numerous sites of severe flooding and improvements are being implemented according
to the severity of flooding and availability of funds. The Storm Water Department has
identified the three proposed locations as high priority locations for storm drainage
improvements through this Program. Due to the proximity of the three locations it has
been deemed feasible to combine them into one construction contract.
FUNDING: Funds for this project are available in the FY 2000-2001 Capital Improvement
Budget in the Storm Water Commercial Paper Program.
RECOMMENDATION: Staff recommends approval of the motion as presented.
;~,ntendeJnt
~OF-LAngel R. Escobar, P. E.,
Director of Engineering Services
Additional Support Material:
Exhibit "A" Background Information
Exhibit "B" Project Budget
Exhibit"C" Bid Tab Summary
Exhibit "D' Location Map
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
SUBJECT: Denver Avenue at Jackson and Ohio Avenue Storm Water Improvements
(Project #2109)
PRIOR COUNCIL ACTION:
Au.qust 22, 2000 - Approval of the FY 2000 - 2001 Capital Operating Budget
(Ordinance No. 024162).
PRIOR ADMINISTRATIVE ACTION:
November 11, 1999 - Small NE Agreement for basic engineering services with
Govind Engineers & Consultants, Inc. in the amount of $14,400.00 for Denver
Avenue at Jackson and Ohio Avenue Storm Water Improvements Project.
FUTURE COUNCIL ACTION:
1. None
BACKGROUND INFORMATION: The three proposed locations have been identified as
high priority locations for storm drainage improvements through the City's on-going Minor
Storm Drainage Improvement Program. This is an annual program directed at remedying
sites with inadequate drainage facilities throughout the City. The Storm Water Department
has identified numerous sites and improvements are being implemented according to the
severity of flooding and availability of funds. The proposed locations are under this
contract are located at: Denver Avenue at Jackson Place, Denver Avenue at Ohio Avenue
and Bayside/Bayridge. Due to the proximity of the three locations it has been deemed
feasible to combine them into one construction contract.
PROJECT DESCRIPTION: This project includes demolition/removal of existing inlets, curb
and gutter, sidewalks, driveways, and pavement and new construction of 885 LF of 15"
RCP Storm Sewer, 320 LF of 18" RCP Storm Sewer, 9 Storm Sewer Manholes, 1874 LF
of 4" Curb and Gutter, and 1942 LF of 6" Curb and Gutter and associated inlets, sidewalks,
driveways and pavement.
BID INFORMATION: This project consists solely of a base bid. The City received
proposals from nine (9) bidders on February 14, 2001. (See Exhibit C.) The bid range is
as follows:
Base Bid = $304,948.30 - $406,694.90
I EXHIBIT "A"
Page 1 of 2
The Engineer's construction estimate is $325,000.00. Two of the bidders were deemed
non-responsive because they failed to submit a completely executed bid bond.
Additionally, one of the non-responsive bidders used an incorrect bid bond form. Although
there were numerous mathematical errors in several of the bid summaries, they were
corrected and Jhabores Construction Company, Inc. is the apparent Iow bidder. The
City's NE Consultant, Govind Engineers and Consultants, Inc., and City Staff recommend
that based on past satisfactory service a construction contract be awarded in the amount
of $304,948.30 to Jhabores Construction Company, Inc.
CONTRACT TERMS: The contract specifies that the project will be completed in 45
working days, with completion anticipated in May 2001.
FUNDING: Funds for this project are available from the FY 2000 - 2001 Storm Water,
Commercial Paper Program.
~\ENGINE£RING~DATAIV-IOME~LYNDAS~GEN~St~3~ater~2109. Da1 vet - Jackso~ -O hiolBACKGROUND.dOC
EXHIBIT "A"
Page 2 of 2
DENVER AVENUE AT JACKSON AND OHIO AVENUE
STORM WATER IMPROVEMENTS PROJECT
PROJECT BUDGET
PROJECT NUMBER: 2109
March 7, 2001
FUNDS AVAILABLE:
FY 2000-01 Storm Water Maintenance and Operations Budget ..................... $
FY 2000-01 Storm Water Commemial Paper Program .................................
Total Funds Available: $
AMOUNT
14,400.00
351,942.30
366,342.30
FUNDS REQUIRED:
Construction (Jhabores Construction Company, Inc.) .................................
Contingencies ...................................................................................
Engineering Consultant (Govind Engineers and Consultants, Inc.) ..............
Inspection ........................................................................................
Reimbursements ...............................................................................
Incidental Expense (Printing, Advertising, etc.) .........................................
Total Funds Required:
AMOUNT
$ 3O4,948.3O
30,494.00
14,400.00
12,000.00
3,000.00
1,500.00
$ 366,342.30
Exhibit "B"
Page 1 of 1
TABULATION OF BIDS
DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS
Page 1 of 9
TABULATED BY: Ron Guzman, P.E., Govind and Associates, Inc.
DATE: Thursday, February 22, 2001 TIME OF COMPLETION: 60 WORKING DAYS ENGINEER'S ESTIMATE: $325,000
Denver Avenue at Jackson and Ohio Avenue
Storm Water Improvements
Project No. 2109
Jhabores Construction Co., Inc.
4645 Adana Dr.
CC, TX 78411
Third Coast General Contractor Inc.
4307 S. Port Bldng 143 Suite 106
CC, TX 78415
S. & S. Construction Company
P.O. Drawer 1850
Three Rivers, TX 78071
DESCRIPTION
CITY.
UNIT
UNIT PRICE
AMOUNT
UNIT PRICE AMOUNT
UNIT PRICE
AMOUNT
A-1
Demo Manhole
1
Ea.
$400.00
$400.00
$550.00 $550.00
A-2
Dema Grate 8 Inlet
5
Ea.
$500.00
$2,500.001
$550.00 $2,750.00
A-3
Demo Curb 8 Gutter
1,738
LF
$1.75
$3,041.50
$4.50 $7,821.00
A-4
Demo Concrete Sidewalk
747
S.Y.
$6.60
$4,930.20
$15.00 $11,205.00
A5
Demo Asphalt Pavement
997
S.Y.
$3.00
$2,991.00
$15.00 $14,955.00
A-6
Demo Top Portion of Inlets
3
Ea.
1 $150.00
$450.00
$425.00 $1,275.00
A-7
Demo Driveways
216
S.Y.
$10.00
$2,160.00
$13.50 $2,916.00
A5
18' Diameter RCP, Complete in place per L.F.
12
L.F.
$35.00
$420.00
$40.00 $480.00
A-9
15' Diameter RCP, Complete in place per L.F.
783
L.F.
$32.00
$25,056.00
$32.00 $25,056.00
A-10
4' Curb B Gutter, Complete in place perLF.
1,738
L.F.
$11.00
$19,118.00
$12.00 $20,856.00
A-11
Concrete Sidewalk, Complete in plaw per S.F.
7,830
S.F.
$3.25
$25,447.50
$2.75 $21,532.50
A-12
Asphalt Repair, Complete in place per S.Y.
997
S.Y.
$47.42
$47,277.74
$21.88 $21,814.36
A-13
Inlet Tops, Complete in placeper Ea.
3
Ea.
$350.00
$1,050.00
$550.00 $1,650.00
A-14
5' Std. Curb Inlet, Complete in place per Ea.
7
Ea.
$14250.00
$8,750.00
$1,260.00 $8,820.00
A-15
4' Diameter MH, Complete in place per Ea.
6
Ea.
$1,600.00
$9,600.00
$2,051.00 $12,306.00
A-16
Ddvewa , Com lets inplaceperS.F.
11944
S.F.
$3.50
$6,804.00
$3.15 $6,123.60
A-17
Utility Allowance, Complete in place per Lump Sum
MANDATORY ALLOWANCE
i
L.S.
$10,000.00
$10,000.00
$10,000.00 $10,000.00
TOTAL BASE BID A:
$189,995.94
I scromo.4al
$194,807.001
•Frrnr i� o.-tonoinn - M1ab =hrn.n hl- hoop rnrmrmd EXHIBIT c
TABULATION OF BIDS
DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS
Page 4 of 9
TABULATED BY: Ron Guzman, P.E., Govind and Associates, Inc.
DATE: Thursday, February 22, 2001 TIME OF COMPLETION: 60 WORKING DAYS ENGINEER'S ESTIMATE: $325,000
Denver Avenue at Jackson and Ohio Avenue
Storm Water Improvements
Project No. 2109
King -Isles, Inc.
1641 Goldston Rd
CC, TX 78409
Waychoff Construction, Inc.
4920 Bear Ln
CC, TX 78405
Reese Contracting Inc.
P.O. Boz 8352
CC, TX 78468
DESCRIPTION
UNIT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
A-1
Demo Manhole
Ea.
$15oo(I
$150.00
$750.00
$750.00
$906.00
$906.00
A-2
Demo Grate & Inlet
Ea.
$12500
$625.00
$750.00
$3,750.00
$640.00
$3,200.00
A-3
Demo Curb & Gutter
rl.738
LF
$3.85
$6,691.30
$3.39
$5,891.82
$4.00
$6,952.00
A-4
Demo Concrete Sidewalk
S.Y.
$19.00
$14,193.00
$9.42
$7,036.74
$9.00
$6,723.00
A5
Demo Asphalt Pavement
S.Y.
$4.00
$3,988.00
$11.69
$11,654.93
$7.00
$6,979.00
A5
Demo To Portion of Inlete
Ea.
$400.00
$1,200.00
$500.00
$1,500.0)
$410.00
$1,230.00
A-7
Demo Driveways
216
S.Y.
$23.50
$5,076.00
$14.15
$3,056.40
$12.00
$2.592.00
18" Diameter RCP, Complete in lace r L.F.
12
L.F.
$150.00
$1,800.00
$45.25
$543.00
$191.00
$2,292.00
15' Diameter RCP, Complete in lace r L.F.
783
L.F.
$29.50
$23,098.50
$28.18
$22,064.94
- $39.00
$30,537.00
rA
4' Curb 8 Gutter, Complete in ace r L.F.
1,738
L.F.
$17.50
$30,415.00
$16.16
$28,086.08
$10.00
$17,380.00
Concrete Sidewalk, Complete in lace rS.F.
7,830
S.F.
$2.75
$21,532.50
$3.28
$25,682.40
$4.00
$31,320.00
Asphalt Repair, Comlets in lace per S.Y.
997
S.Y.
$36.00
$35,892.00
$34.92
$34,815.24
$43.00
$42,871.00
A-13
Inlet Tops. Complete in plam perEa.
3
Ea.
$450.00
$1,350.00
$750.00
$2,250.00
$790.00
$2,370.00
A-14
5' Sid. Curb Inlet, Complete in place per Ea.
7
Ea.
$1,450.00
$10,150.00
$1,500.00
$10,500.00
$1,552.00
$10,864.00
A-15
4'Diameter MH, Complete in place perEa.
6
Ea.
$2,350.00
$14,100.00
$1.800.00
$10,800.00
$1,900.00
$11,400.00
A-16
Driveway, Complete in plam perS.F.
1,944
S.F.
$4.50
$8,748.00
$4.42
$8,592.48
$7.00
$13,608.00
A-17
Utility Allowance, Complete in place per Lump Sum
MANDATORY ALLOWANCE
1
L.S.
$10,000.00
$10,000.00
$10,000.00
$10,000.00
$10,000.00
$10,000.00
TOTAL BASE BID A:
$189,009.30
1 $188,874.03
$201,224.00
EXHIBIT C
'FH6r In P.%tPnglnn-tnm1%shnwn hmve heen rn"! tod P,- a b 0
TABULATION OF BIDS
DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS
Page 7 of 9
TABULATED BY: Ron Guzman, P.E., Govind and Associates, Inc.
DATE: Thursday, February 22, 2001 TIME OF COMPLETION: 60 WORKING DAYS ENGINEER'S ESTIMATE: $325,000
Denver Avenue at Jackson and Ohio Avenue
Mendez Construction
ns Boxtio Co., Inc.
Gallagher Construction Services, Inc.
Casey Brothers Construction & Paving
Stone Water Improvements
Project No. 2109
8641 Agnes
Rt. 3 Box 61
P.O. Box 4609
CC, TX 78469
Mathis, TX 78368
CC, TX 78469
DESCRIPTION
CITY.
UNIT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
anhole
1
Ea.
$700.00
$700.00
$840A0
$840.00
$940.00
$940.00
rate & Inlet
5
Ea.
$500.00
$2,500.00
$390.00
$1,950.00
$940.00
$4,700.00
rb & Gutter
VDe=T
1,738
LF
$5.00
$8,690.00
$3.60
$6,256.80
$6.00
•$10,428.00
ncrete Sidewalk
747
S.Y.
$6.00
$4,482.00
$9.50
$7,096.50
$2.00
$1,494.00
halt Pavement
997
S.Y.
¢1.50
$4,488.50
$7.50
$7,477.50
$640.00
•$638,080.00
Portion of Inlets
3
Ea.
$450.00
$1,350.00
$685.00
$2.055.00
$300.00
$900.00
A-7
Demo Dnvmays
216
S.V.
$7.00
$1,512.00
$28.00
$6,048.00
$2.20
•$475.20
RCP, Com late in ace r L.F.
12
L.F.
$28.00
•$336.00
$90.00
$1,080.00
$36.00
$432.00
meter RCP, Com lete in lace L.F.
783
L.F.
$21.00
$16,443.00
$46.00
$36,018.00
$28.20
522,080.60
V18'Dla"Iermeter
&Guder, Com lete in lace rL.F.
1,738
L.F.
$10.00
$17,380.00
$10.00
$17,380.00
$10.00
•517,380.00
te Sidewalk, Com lete in lace r S.F.
7,830
S.F.
$3.50
$27,405.00
$3.00
$2349000
$310
$24,273.00
Re ir, Com late in lace r S.Y.
997
S.Y.
$45.00
$44,865.00
$38.00
$37,886.00
534.80
$34,695.60
neo s, Com lete in place perEa.
3
Ea.
$600.00
$1,800.00
51,100.00
53,300.00
$800.00
$2,40000
A-14
5' Std. Curb Inlet, Complete in place per Ea.
7
Ea.
$2,700.00
$18,900.00
52.675.00
578,725.00
57,800.00
572,600.00
A-15
4' Diameter MH, Complete in place per Ea.
6
Ea.
$3,100.00
$18,600.00
$2,970.00
$17,820.00
$2,430.00
574,580.00
A-16
Driveway, Complete in place perS.F.
1,944
S.F.
$5.00
$9,720.00
$4.60
$8,942.40
$3.65
•57,095.60
Utility Allowance, Complete in place per Lump Sum
A-17
MANDATORY ALLOWANCE)
1
L.S.
$10,000.00
$10,000.00
$10,000.00
$10,000.00
$10,000.00
$10,000.00
TOTAL BASE BID A:
1
3189169.50
$200,365.20
•$502,554.00
rtnr in ext>nsion -totals shown hav? Ween rnrtnMn4
EXHIBIT C
TABULATION OF BIDS
DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS
Page 2 of 9
TABULATED BY: Ron Guzman, P.E., Govind and Associates, Inc.
DATE: Thursday, February 22, 2001 TIME OF COMPLETION: 60 WORKING DAYS ENGINEER'S ESTIMATE: $325,000
Denver Avenue at Jackson and Ohio Avenue
Storm Water Improvements
Project No. 2109
Jhabores Construction Go., Inc.
4645 Arlene Dr.
CC, TX 78411
Third Coast General Contractor Inc.
4307 S. Port Biting 143 Suite 106
CC, TX 78415
S. & S. Construction Company
P.O. Drawer 1850
Three Rivers, TX 78071
DESCRIPTION
QTY.
UNIT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE AMOUNT
TOTAL BASE BID A:
$169,995.94
$170,110.48
$194,887.00
B-1
Dena Header Curb I Curb & Gutter
1714
L.F.
$1.75
$2,999.50
$4.25
$7,284.50
B-2
B-3
B4
Demo Driveways
Demo Top Portion of Inlets
Demo Asphalt Pavement
1456
3
865
S.F.
Ea.
S. Y.
$1.11
$150.00
$3.00
$1,616.16
$450.00
$2,595.00
$1.50
$425.00
$15.00
$2,184.00
$1,275.00
$12,975.00
B-5
Dena Concrete Sidewalk
92
S. Y.
$6.60
$607.20
$15.00
$1,380.00
B-6
15' Diameter RCP, Complete in place per L.F.
73
L.F.
$32.00
$2,336.00
$28.77
$2,100.21
B-7
6' Curb & Gutter, Com lets in place per L.F.
1714
L.F.
$12.50
$21,425.00
$9.95
$17,054.30
B-8
Inlet Tops, Complete in place PerEa.
3
Ea.
$350.00
$1,050.00
$550.00
$1,650.00
B-9
Asphalt Repair, Complete in Place per S.Y.
865
S. Y.
$40.00
$34,600.00
$32.00
$27,680.00
B-10
Concrete Sidewalk, Complete in place perS.F.
907
S.F.
$3.25
$2,947.75
$2.55
$2,312.85
B-11
4' Diameter MH, Complete in place per Ea.
1
Ea.
$1,600.00
$1,600.00
$2,051.00
$2,051.00
8-12
5' Std. Curb Inlet, Com late in plaoe per Ea.
2
Ea.
$1,250.00
$2.500.00
$1,260.00
$2,520.00
BAA
Utility Allowance, Complete in place per Lump Sum
MANDATORY ALLOWANCE
1
L.S.
$10,000.00
$10,000.00
$10,000.00
$10,000.00
B-14
Dnvewa , Complete in place per S.F.
1748
S.F.
$3.50
$6,118.00
$3.15
$5,506.20
TOTAL BASE BID B:
$90,844.61
$95,973.08
1 $81,345.00
EXHIBIT C
•Error in extension - totals shown have been mnecW Page 4 of 9
TABULATION OF BIDS
DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS
Page 5 of 9
TABULATED BY: Ron Guzman, P.E., Govind and Associates, Inc.
DATE: Thursday, February 22, 2001 TIME OF COMPLETION: 60 WORKING DAYS ENGINEER'S ESTIMATE: $325,000
Denver Avenue at Jackson and Ohio Avenue
Storm Water Improvements
Project No. 2109
King -Isles, Inc.
1641 Goldston Rd
CC, TX 78409
Waychoff Construction, Inc.
4920 Bear Ln
CC, TX 78405
Reese Contracting Inc.
P.O. Box 8352
CC, TX 78468
DESCRIPTION
CITY.
UNIT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
TOTAL BASE BID A:
$189,009.30
$186,974.03
$201,224.00
B-1
Demo Header Curb / Curb 8 Gutter
1714
L.F1
$4.10
$7,027.40
$3.84
$6,581.76
$4.00
$6,856.00
B-2
Demo Dnveways
1456
S.F.
$3.90
$5,678.40
$2.65
$3,858.40
$2.00
$2,912.00
B-3
Dene Top Portion of Inlets
3
Ea.
$400.00
$1,200.00
$500.00
$1,500.00
$410.00
$1,230.00
B-4
Dena Asphalt Pavement
8651
S. Y.
$5.15
$4,454.75
$10.111
$8,745.15
$7.00
$6,055.00
B-5
Demo Concrete Sidewalk
92
S. Y.
$23.50
$2,162.00
$14.15
$1,301.80
$9.00
$828.00
B-6
15" Diameter RCP, Complete in place per L.F.
73
L.F.
$50.00
$3,650.00
$40.67
$2,968.91
$39.00
$2,847.00
B-7
6" Curb B Gutter, Com lets in place perL.F.
1714
L.F.
$15.00
$25,710.00
$17.20
$29,480.80
$12.00
$20,568.00
B-8
Inlet Tops, Complete in place perEa.
3
Ea.
$450.00
$1,350.00
$750.00
$2,250.00
$790.00
$2,370.00
B-9
Asphalt Repair, Complete in pLace per S.Y.
865
S. Y.
$33.00
$28,545.00
$31.77
$27,481.05
$43.00
$37,195.00
B-10
Concrete Sidewalk, Complete in place perS.F.
907
S.F.
$4.75
$4,308.25
$3.14
$2,847.98
$6.00
$5,442.00
B-11
4'Diameter MH, Complete in lace perEa.
1
Ea. 1
$2,500.00
$2,500.00
$1,800.00
$1,800.00
$2,500.00
$2,500.00
B-12
5' Std. Curb Inlet, Complete in place per Ea.
2
Ea.
$1,450.00
$2,900.00
$1,500.00
$3,000.00
$11550.00
$3,100.00
B-13
Utility Allowance, Complete in place per Lump Sum
MANDATORY ALLOWANCE
1
L.S.
$10,000.00
$10,000.00
$10,000.00
$10,000.00
$10,000.00
$10,000.00
B-14
Dnvewa , Complete in place per S.F.
1748
S.F.
$5.25
$9,177.00
$3.05
$5,331.40
$7.00
$12,236.00
TOTAL BASE BID B:
108 982.80
5107147.26
$114139.00
•F"r in nxtensinn - totals shn%un have hnnn rnrrnt nd EXMBITC
TABULATION OF BIDS
DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS
Page 8 of 9
TABULATED BY: Ron Guzman, P.E., Govind and Associates, Inc.
DATE: Thursday, February 22, 2001 TIME OF COMPLETION: 60 WORKING DAYS ENGINEER'S ESTIMATE: $325,000
EXHIBIT C
'F"r in P,fnnslnn - tntals 111I11"m hn,. hnnn nn"MPd
Mendez Construction Co.,lnc.
Gallagher Construction Services, Inc.
g
Casey Brothers Construction & Paving
Denver Avenue at Jackson and Ohio Avenue
P.O. Box E
R 3 Box 61
P.O. Box 4609
Storm Water Improvements
8641 Agnes
Mathis, TX 78368
CC, TX 78469
Project No. 2109
CC, TX 78469
DESCRIPTION
CITY.
UNIT
UNIT PRICE
AMOUNT
UNIT PRICE AMOUNT
UNIT PRICE AMOUNT
TOTAL BASE BID A:
'$189,189.50
$206,36520
'$802,554.00
B-1
Demo Header Curb / Curb & Gutter
1714
L.F.
$5.00
$8,570.00
$4.30 $7,370.20
$6,00 $10,284.00
1456
S.F.
$7.00
$10,192.00
$12.50 $18,200.00
$2.00 $2,912.00
B-2
Demo Driveways
B-3
Demo Top Portion of Inlets
3
Ea.
$450.00
$1,350.00
$685.00 $2,055.00
$300.00 $900.00
B-4
Demo Asphalt Pavement
865
S. Y.
$4.50
$3,892.50
$8.60 $7,439.00
$6.40 $5,536.00
B-5
Demo Concrete Sidewalk
92
S. Y.
$6.00
$552.00
$1000 $920.00
$2.00 $184.00
B-6
15' Diameter RCP, Complete in plam per L.F.
73
L.F.
$25.00
$1,825.00
$63.00 $4,599.00
$30.15 $2,200.95
6-7
6' Curb & Gutter, Complete in place perL.F.
1714
L.F.
$15.00
$25.710.00
$12.00 $20,568.00
$10.60 $18,168.40
"
Inlet Tops, Complete in place per Ea.
3
Ea.
$600.00
$1,800.00
$1,10000 $3,300.00
$800.00 $2,400.00
B-9
Asphalt Repair, Complete in place per S.Y.
865
S. Y.
$45.00
$38,925.00
$40.00 $34,600.00
$33.50 $28,977.50
B-10
Concrete Sidewalk, Complete in place perS.F.
907
S.F.
$3.50
$3,174.50
$3.00 $2,721.00
$3.10 $2.811.70
B-11
4' Diameter MH, Complete in place per Ea.
1
Ea.
$3,100.00
$3,100.00
$3,200.00 $3,200.00
$2,140.00 $2,140.00
Curb Inlet, Com late in lace r Ea.
2
Ea.
$2,700.00
$5,400.00
$2,800.00 $5,600.00
$1,830.00 $3,66000
Utility Allowance, Complete in place per Lump Sum
$10,000.00
$10,000.00
$10,000.00 $10,000.00
$10,000.00$10,000.00
MANDATORY ALLOWANCE
1
L.S.
E125'Std.
Driveway, Complete in lace r S.F.
1748
S.F.
$5.00
$8,740.00
$4.80 $8,040.80
$3.85 $8,380.20
TOTAL BASE BID B:
$123,231.001
1 $128,613.00
1 $96,554.75
EXHIBIT C
'F"r in P,fnnslnn - tntals 111I11"m hn,. hnnn nn"MPd
TABULATION OF BIDS
DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS
Page 3 of 9
TABULATED BY: Ron Guzman, P.E., Govind and Associates, Inc.
DATE: Thursday, February 22, 2001 TIME OF COMPLETION: 60 WORKING DAYS ENGINEER'S ESTIMATE: $325,000
Denver Avenue at Jackson and Ohio Avenue
Stone Water Improvements
Project No. 2109
Jhabores Construction Co., Inc.
4645 Arlene Dr.
CC, TX 78411
Third Coast General Contractor Inc.
4307 S. Port Biding 143 Suite 106
CC, TX 78415
S. & S. Construction Company
P.O. Drawer 1850
Three Rivers, TX 78071
DESCRIPTION
CITY. UNIT
UNITPRICE
AMOUNT
UNIT PRICE
AMOUNT
UNITPRICE AMOUNT
C-1
TOTAL BASE BID A + B:
Demo Curb 8 Gutter
171 L.F.
$1.75
$280,840.555288,083.52
$299.25
$4.50
$769.50
$276,232.00
C-2
Demo Catch Basin
1 Ea.
$500.00
$500.00
$580.00
$580.00
C-3
Dem Asphalt Pavement
200 S.V.
$3.00
$600.00
$15.00
$3,000.00
C4
Demo Lop Portion of Inlets
3 Ea.
$1.50
'$4.50
$425.00
$1,275.00
C5
4" Curb 8 Gutter, Complete in dam perL.F.
136 L.F.
$11.00
$1,49630
$860
$1,169.60
C-6
As hall Repair, Complete in Place per S.V.
200 S.Y.
$40.001
$8,000.00
$32.00
$6,400.00
C-7
Inlet Tops, Complete in place per Ea.
3 Ea.
$350.00
$1,050.00
$550.00
$1,650.00
C-8
6' Throat Ext., Complete in place 2er Ea.
3 Ea.
$750.00
$2,250.00
$685.00
$2,055.00
C-9
4' Diameter MH, Com tete in place per Ea.
2 Ea.
$1,600.00
$3,200.00
$2,051.00
$4,102.00
C-10
5' Std. Curb Inlet, Complete in ace per Ea.
4 Ea.
$1,250.00
$5,000.00
$1,260.00
$5,040.00
C-11
15" Diameter RCP, Complete in elace per L.F.
29 L.F.
$32.00
$928.00
$28.77
$834.33
C-12
18"Diameter RCP, Complete in place perL.F.
308 L.F.
$35.00
$10,780.00
$40.00
$12,320.00
C-13
Utility Allowance, Complete in place per Lump Sum
MANDATORY ALLOWANCEI
1 L.S.
$10,000.00
$10,000.00
$10,000.00
$10,000.00
TOTAL BASE BID C:
GRAND TOTAL BID (A + B + C)
'S44,107.75
'$304,948.30
$49,195.43
$315,278.95
$39,082.00
$315,314.00
•Emir In o.mn�inn - Infill e1,11 -m h+1a hcen "I.o,-Md EXW8ITC
TABULATION OF BIDS
DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS
Page 6 of 9
TABULATED BY: Ron Guzman, P.E., Govind and Associates, Inc.
DATE: Thursday, February 22, 2001 TIME OF COMPLETION: 60 WORKING DAYS ENGINEER'S ESTIMATE: $325,000
Denver Avenue at Jackson and Ohio Avenue
Storm Water Improvements
Project No. 2109
King -Isles, Inc.
1641 Goldston Rd
CC, TX 78409
Waychoff Construction, Inc.
4920 Bear Ln
CC, TX 78405
Reese Contracting Inc.
P.O. Box 8352
CC, TX 78468
DESCRIPTION OTY. UNIT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE AMOUNT
TOTAL BASE BID A+ B:
'$297,872.10
$294,121.28
$315,383.00
CA
Demo Curb & Gutter 171 L.F.
$5.40
$923.40
$7.35
$1,256.85
$4.00 $684.00
C-2
G3
Demo Catch Basin 1 Ea.
Demo Asphalt Pavement 200 S.Y.
$150.00
$3.00
$150.00
$600.00
$750.00
$9.86
$750.00
$1,972.00
$700.00 $700,00
$700 $1,400.00
C4
Dern To Portion of Inlets 3 Ea.
$400.00
$1,200.00
$500.00
$1,500.00
$409.00 $1,227.00
C-5
4" Curb & Gutter, Complete in lace r LF, 136 L.F.
$17.50
$2,380.00
$18.10
$2,189.60
$10.00 $1,360.00
C-6
Asphalt Repair, Complete in Place per S.Y. 200 S.Y.
$36.00
$7,200.00
$59.50
$11,900.00
$43.00 $8,600.00
C-7
Inlet Tops, Complete in place per Ea. 3 Ea.
$450.00
$1,350.00
$750.00
$2,250.00
$790.00 $2,370.00
CA
8' Throat Ext., Complete in Pace per Ea. 3 Ea.
$600.00
$1,800.00
$800.11
$2,400.33
$660.00 $1,980.00
C-9
4' Diameter MH, Complete in place per Ea. 2 Ea.
$2,350.00
$4,700.00
$1,800.00
$3,600.00
$1,900.00 $3,800.00
610
5' Std. Curb Inlet, Complete in place per Ea. 4 Ea.
$1,400.00
$5,600.00
$1,500.00
$6,000.00
$1,550.00 $6,200.00
C-11
15" Diameter RCP, Complete in place perL.F. 29 L.F.
$55.00
$1,595.00
$41.18
$1,194.22
$53.00 $1,537.00
C-12
18" Diameter RCP, Complete in place perL.F. 308 L.F.
$33.50
$10,318.00
$41.83
$12,883.64
$46.00 $14,168.00
C-13
Utility Allowance, Complete in place per Lump Sum
MANDATORY ALLOWANCE 1 L.S.
$10,000.00
$10,000.00
$10,000.00
$10,000.00
$10,000.00 $10,000.00
TOTAL BASE BID C:
$47,816.40
$57,896.64
$54,026.00
GRAND TOTAL BID (A+B+C)LL
'$345,488.50
1 $352,017.921
$369,389.00
EXHIBIT 6
-F( r in PHPn5inn - tninls 51n" lhPVP hPPn rnn-MPH
TABULATION OF BIDS
DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS
Page 9 of 9
TABULATED BY: Ron Guzman, P.E., Govind and Associates, Inc.
DATE: Thursday, February 22, 2001 TIME OF COMPLETION: 60 WORKING DAYS ENGINEER'S ESTIMATE: $325,000
Denver Avenue at Jackson and Ohio Avenue
Storm Water Improvements
p
Project No. 2109
Mendez Construction Co.,lnc. P.O. Box E
8641 Agnes
CC, TX 78469
Gallagher Construction Services, Inc.
Rt. 3 Box 61
Mathis, TX 78368
Casey Brothers Construction &Paving
P.O. Box 4609
CC, TX 78469
DESCRIPTION OTY.
UNIT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
TOTAL BASE BID A+ B:
•$312,400.50
$334,978.20
•$899,108.75
C-1
Demo Curb 8 Gutter 171
L.F.
$6.00
$1,026.001
$4.50
$769.50
$600
$1,02600
C-2
Demo Catch Basin 1
Ea.
$3,700.00
$3,700.00
$400.00
$400.00
$1,200.00
$1,200.00
C-3
Demo Asphalt Pavement 200
S.Y.
$5.00
$1,000.00
$14.00
$2,800.00
$6.40
$1,280.00
C-4
Demo Top Portion of Inlets 3
Ea.
$450.00
$1,350.00
$700.00
$2,100.00
$300001
$900.00
C-5
4" Curb B Gutter, Complete in place perL.F. 136
L.F.
$10.00
$1,360.00
$9.70
$1,319.20
$14.00
$1,904.00
C-6
Asphalt Repair, Complete in Place per S.Y. 200
S.Y.
$45.00
$9,000.00
$55.00
$11,000.00
$43.50
$8,700.00
C-7
Inlet Tops, Complete in place perEa, 3
Ea.
$600.00
$1,800.00
$1,100.00
$3,300.00
$800.00
$2,400.00
CA
6' Throat Ext., Complete in place per Ea. 3
Ea.
$4,800.00
$14,400.00
$972.00
$2.916.00
$2,200.00
$6,600.00
C-9
4' Diameter MH, Complete in place per Ea. 2
Ea.
$3,100.00
$8,270.00
$3,100.00
$6,200.00
$2,500.00
$5,000.00
C-10
5' Std. Curb Inlet, Complete in place per Ea. 4
Ea.
$2,700.00
$10,800.00
$2,760.00
$11,040.00
$2,270.00
$8,800.00
C-11
15' Diameter RCP, Complete in place per L.F. 29
L.F.
$28.00
$812.00
$48.00
$1,392.00
$29.00
$841.00
C-12
18" Diameter RCP, Complete in place per L.F. 308
L.F.
$30.00
$9,240.00
$60.00
$18,480.00
$31.00
$9,548.00
C-13
Utility Allowance, Complete in place per Lump Sum
MANDATORY ALLOWANCE) 1
L.S.
$10,000.00
$10,000.00
$10,000.00
$10,000.00
$10,000.00
$10,000.00
TOTAL BASE BID C:
$70,688.001
$71,716.70
$58,199.00
GRAND TOTAL BID (A + B + C)
1
•$383,088.50
$406,694.90
•$957,307.75
'Error in extension - fntals sh"n have heen cnnn d EX MBIT C
P,-0of9
\ Mproject \ councilexhibits \ exh2109.dwg
NUECES BAY
N
Ohlo Avenue
Denver Avenue
at Jackson
Bayside / Bayrldge
CORPUS CHRISTI BAY
CAYO DEL OSO NAS
Fa 2444
Project No. 2109
LOCATION IVIAP
NOT TO SCALE
Denver Ave. at Jackson
and Ohlo Avenue
Storm Water Improvements
City of Corpus Christi. Texas
EXHIBIT "D"
CITY COUNCIL EXHIBIT
DEPARTMENT OF ENGINEERING SERWCES
PAGE: I of 1
DATE: 03-08-2001
4
CITY COUNCIL
AGENDA MEMORANDUM
March 6, 2001
SUBJECT: Pre-Planning for Post-Hurricane/Disaster Recovery Operations
AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute
Amendment No. 5 to the Contract for Engineering/Consulting Services with Shiner,
Moseley and Associates, Inc. in an amount not to exceed $20,000 for Pro-Planning for
Post-Hurricane/Disaster Recovery Operations for the 2000 Hurricane Season.
ISSUE: Several actions must be completed each year to maintain pre-position recovery
contracts to minimize recovery time and expenses as a result of post hurricane/disaster
recovery operations.
RECOMMENDATION: Staff recommends approval of the motion as presented.
Foster Crowell
Wastewat~' Superin~ndent__
rintendent
awrence ~
Director - Solid Waste Services
,~'Angel R. Escobar, P.E.
Director of Engineering Services
BarbaraStover, P.E.
Director of Street Services
Attachments:
Exhibit A - Additional Information
Exhibit B - Contract Summary
H:\HOME\KEVINS\GEN\H URRICAN\01MGMT~AEAM D5.M
ADDITIONAL INFORMATION
BACKGROUND: In order to expedite post-hurricane recovery operations and maximize
reimbursement from various disaster relief funds, it is essential that necessary plans and
contracts be developed and in place for rapid recovery response and to provide proper
documentation to support reimbursement requests from emergency funds.
A hurricane or other major disaster will result in a dramatic increase in City workloads. The
City will be required to continue normal operations while mobilizing all available resources
to conduct an effective and efficient disaster recovery operation. Therefore, it was found
to be to the City's advantage to identify, contract and pre-position the contract services that
will be required to undertake recovery efforts. This resulted in several pre-positioned
contracts being in place for the 1998 and 1999 hurricane seasons.
Various pre-positioned recovery and damage assessment contracts were activated in 1999
as a result of Hurricane Bret. While the City suffered only limited damage, the recovery
actions were well coordinated. The pre-positioned contracts functioned as intended and
there was satisfaction with the contractors' responsiveness and the speed of recovery.
PRIOR COUNCIL ACTIONS:
n 2~ - Motion authorizing staff to waive the 75% local participation rule in
soliciting professional services required for pre-planning post-hurricane recovery
operations (M97-176).
~ - Authorization for City Manager or his representative to sign a contract
with Shiner, Moseley and Associates, inc. in the amount of $96,000 for Pre-Planning for
Post Hurricane/Disaster Recovery Operations (M97-223).
~ - Motion authorizing the City Manager, or his designee, to execute
Amendment No. 2 to the Contract for Engineering/Consulting Services with Shiner,
Moseley and Associates, Inc., in an amount not to exceed $71,000 for Pre-Planning for
Post-Hurricane/Disaster Recovery Operations (M98-016).
~ - Motion authorizing the City Manager to execute Amendment No. 3 to
the Contract for Engineering/Consulting Services with Shiner, Moseley and Associates,
Inc., in an amount not to exceed $20,000 for Pre-Planning for Post Hurricane/Disaster
Recovery Operations for 1999 (M99-039).
F b a_~22 2000 - Motion authorizing the City Manager to execute Amendment No. 4 to
the Contract for Engineering/Consulting Services with Shiner, Moseley and Associates,
Inc., in an amount not to exceed $20,000 for Pre-Planning for Post Hurricane/Disaster
Recovery Operations for 2000 (M2000-058).
PRIOR ADMINISTRATIVE ACTIONS: Janua lry._~_~5 1998 -Approval to ratify additional
services in the amount of $10,000 to complete Phase I Services for Pta-Planning for Post
Hurricane/Disaster Recovery Operations with Shiner, Moseley and Associates, Inc.
CONSULTANT: Shiner, Moseley and Associates, Inc., successfully completed the Pre-
Planning for the original contract and the 1998 through 2000 Hurricane Seasons.
I EXHIBITA I
Page I of 2
H:\HOME~KEVINS\GEN\H U RRICAN\0OMG MT~AEAMD4B K.EXA
CONTRACT: The original contract provided for the development of a refined scope and
approach to be used in the establishment pro-positioned contracts. That contract provided
for a future phase to implement first year preparedness services including the pre-
positioned contracts and annual contract management services associated with
hurricane/disaster preparedness. Annual management services was to be addressed
through amendments for each hurricane season.
Amendment No. 5 will activate Year 4 (2001) Contract Management Services upon
approval by Council. Contract Management services to be completed as a result of the
amendment include:
1. review contract documents and procedures to assure compliance with current
Federal Emergency Management Agency (FEMA) requirements;
2. recommend any modifications to contracts, procedure, or forms to facilitate FEMA
reimbursement of recovery operations;
3. review Damage Assessment Team (DAT) availability, capabilities, and
responsibilities;
4. prepare and conduct a one (1) day Damage Assessment Team (DAT)training
course prior to June 1,2001;
5. review contractor availability, capabilities, and responsibilities;
6. prepare and coordinate contractor(s) participation in the City's annual hurricane
preparedness exercise; and
7. participation in the preparedness exercise.
A complete list of services is provided in the Contract Summary. See Exhibit B.
FEE: Contract Management for Years 2 through 5 was to be based on a fee of $28,000
for Year 2 (1999) with an adjustment for Years 3 through 5 based on the ~ews
Record inflation rate. Review of the required services resulted in a mutual agraement that
the fee for Year 4 Contract Management services would be reduced to $20,000.
ALTERNATIVES: Maintenance of pre-positioning contracts is the only viable method of
minimizing recovery time and assuring maximum recovery of expenditures from FEMA and
other reimbursements.
FUNDING: Funding for the Engineering and Consulting contract is available from the
Street ($6,000), Solid Waste ($6,000), Wastewater ($4,000), and Water ($4,000)
Departments' annual operating budgets. The cost of the contract was allocated based
upon an estimate of the benefit that would accrue to the Departments.
Activation (Hurricane Approach Preparations) and Recovery Operations would be
authorized as an amendment only in the event of a hurricane or other disaster with the fee
being provided at that time.
IMPLEMENTATION SCHEDULE: The implementation schedule provides for the re-
certification of all pro-positioned contracts, all training sessions/exercises, and other tasks
for the 2001 Hurricane Season to be complete by June 1, 2001.
RECOMMENDATION: Approval of the motion as presented.
I EXHIBITA I
H:\HOME\KEVINS\GEN\HURRICAN~00MGMT~AEAMD4BK.EXA Page 2 of 2
AMENDMENT SUMMARY
Additional Services, as outlined in the original contract, Section II B. is hereby amended by adding the
following to read:
Additional Services
Contract Manaaement - Year 4 (2001) Hurricane Season Imolementation. The Engineer will complete
the follow tasks in the accomplishment of the contract management scope for 2001:
a. review contract documents and procedures to assure compliance with current Federal
Emergency Management Agency (FEMA) requirements prior to Mamh 15, 2001;
b. recommend any modifications to contracts, procedure, or forms to facilitate FEMA
reimbursement of recovery operations;
c. review Damage Assessment Team (DAT) availability, capabilities, and responsibilities;
d. prepare and conduct a one (1) day Damage Assessment Team (DAT) training course prior
to June 1, 2001;
e. evaluate the training course;
f. recommend possible improvements and modifications to the DAT training course;
g. submit a letter report of the training session evaluation with a list of certified DATs to the City
Engineer;
h. review contractor availability, capabilities, and responsibilities;
i. prepare and coordinate contractor(s) participation in the City's annual hurricane
preparedness exercise;
j. participate in the preparedness exercise;
k. review and evaluate the contract management center plan, operational procedures;
communications with other elements of the exercise as it relates to contractors;
I. recommend possible improvements and modifications to the contract management center
plan, procedures, communications and other elements; and
m. submit a letter report summarizing observations and recommendations concerning the
exercise and the contractors participation.
Summar f of Fees:
Tasks I Description I Fee
PHASE I - BASIC SERVICES-CONTRACT DEVELOPMENT
A1-10 Original Contract $96,000
Al1-16 Amendment No. 1 $10,000
PHASE I SUBTOTAL $106,000
PHASE II - ADDITIONAL SERViCES-MANAGEMENT SERVICES (Amendment No. 2)
B1 Contract Management/1998 Hurricane Season $71,000
B2 Contract Management - Years Two through Five (1999-2002) To be Negotiated
B3 Activation - Hurricane Approach Preparations Subject to Activation
B4 Post-Hurricane/Disaster Recovery Operations Subject to Activation
PHASE II - SUBTOTAL $71,000
Exhibit
Page I of
PHASE Ill - ADDITIONAL SERVICES-CONTRACT MANAGMENT (Amendment No. 3)
B5 Contract Management- Year 2 (1999) Hurricane Season $20,000
Implementation
PHASE III ~ SUBTOTAL $20,000
PHASE III - ADDITIONAL SERVICES-CONTRACT MANAGEMENT (Amendment No. 4)
B5 Contract Management - Year 3 (2000) Hurricane Season $20,000
Implementation
PHASE III - SUBTOTAL $20,000
PHASE III - ADDITIONAL SERVICES-CONTRACT MANAGEMENT (Amendment No. 4)
B5 Contract Management - Year 3 (2000) Hurricane Season $20,000
Implementation
PHASE Ill - SUBTOTAL $20,000
TOTAL $237,000
Exhibit B
Page 2 of 2
5
CITY COUNCIL
AGENDA MEMORANDUM
DATE: March 05, 2001
SUBJECT: Parking Restrictions on West Broadway Street
AGENDA ITEM: Ordinance amending the Code of Ordinances Chapter 53 - Traffic, Article VIII -
Schedules, Section 53-252, Schedule III - Parking Prohibited at All Times on Certain Streets, by
prohibiting roadside parking at all times on both sides of West Broadway Street between Padre
Street and Sam Rankin Street.
ISSUE: The City's Traffic Engineering and Police Departments, in conjunction with Concrete
Street Amphitheater officials as part of the overall traffic control planning process for amphitheater
concerts, have determined the need to restrict curbside parking at all times on West Broadway
Street to minimize traffic congestion and traffic hazards on this street.
REQUIRED COUNCIL ACTION: Roadside parking restrictions for distances exceeding a
continuous distance of 1,500-feet require City Council approval.
RECOMMENDATION: Approval of the ordinance as submitted.
'Angel R. Escobar, P.E. '
Director of Engineering Services
ADDITIONAL SUPPORT MATERIAL
Background Information
Exhibit 1 - Amphitheater Area Site Plan
Exhibit 2 - Proposed West Broadway Parking Restriction
AgMemWestBroadwayNPA,201
(Parking Restriction on West Broadway, Page I of 2)
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
BACKGROUND:
The Traffic Engineering and Police Departments have developed , in conjunction with the
Concrete Street Amphitheater management, a comprehensive traffic control plan for concerts held
at the amphitheater. The amphitheater is bounded by No. Tancahua Street, Padre Street (IH 37
North Access Road), West Broadway, and the Broadway Wastewater Treatment Plant (Exhibit 1).
Integral to the traffic control plan is the need to prevent roadside parking along both sides of West
Broadway between West Broadway and Sam Rankin Streets (Exhibit 2).
Although a narrow street, West Broadway is one of the key exit routes in the City's traffic control
plan, and the proposed parking restriction is needed to eliminate the potential for conflicts with
roadside parking and the traffic exiting from the event site to Interstate 37 following the
amphitheater events. Parked vehicles on West Broadway would also limit traffic to one lane of
travel and would also inter[ere with emergency vehicle responses on this street. In the absence of
a parking restriction on West Broadway, vehicles are certain to be parked along both sides of
Broadway.
Impact of Parking Restriction on Abuttin.q Properties: The proposed parking restriction is
certain to have no appreciable negative impact on abutting properties.
a) The east (amphitheater) side of West Broadway has no development and is comprised only of
a continuous Missouri-Pacific railroad track extending north from Padre Street.
b) The west side of West Broadway has a mixture of development, none of which have shown to
have ever generated any parking demand on West Broadway. These developments consists
of some abandoned warehouses, an active business (Heeton Cotton) which has an off-street
parking lot, Cabra Park which has parking access from other bounding streets, an apartment
complex which has a fenced off-street parking lot, and several vacant lots.
Justification for a Full-Time Parkinq Restriction: Because no roadside parking has ever
been observed on West Broadway, Staff acknowledges that the only roadside parking that
would occur on this street would be from traffic generated to amphitheater events. However,
although most amphitheater events would take place between the hours of 5:00 PM and midnight,
and only an average of 10 events per month, a full-time (signed) parking restriction would
eliminate the need for a more costly installation of parking restriction signs if the restrictions were
implemented only for amphitheater events. The parking restriction would be supplemented with a
"tow-way Zone" regulation.
Review by City's Transportation Advisory Committee: In its January, 2001 meeting, the
Transportation Advisory Committee gave its unanimous approval for the proposed parking
restriction on West Broadway.
(Parking Restriction on West Broadway, Page 2 of 2)
NORTHQ
&AM F~NKIN
EXHIBIT 1
SUBJECT: SITE MAP
FOR AMPHITHEATER CONCERTS
Traffic Engir. c.c..'tng Div.
Engineering Servloee Dept.
PROPOSED
"NO PARKING
ANYTIME"
RESTRICTIONS
AMPHITHEATER
LEOPARD ST.
BUFFALO ST.
ANTELOPE ST. z
LEOPARD ST.
SITE MAP
Traffic Engineering DIv.
Engineering 8ervIoee Dept.
1
Page 1 of 3
AN ORDINANCE
AMENDING THE CODE OF ORDINANCES, CHAPTER 53 ~
TRAFFIC, ARTICLE VIII. SCHEDULES, SECTION 53-252.
SCHEDULE Ill-PARKING PROHIBITED AT ALL TIMES ON
CERTAIN STREETS, BY PROHIBITING ROADSIDE PARKING AT
ALL TIMES ON BOTH SIDES OF WEST BROADWAY STREET
BETWEEN PADRE STREET AND SAM RANKIN STREET;
PROVIDING FOR PENALTIES; PROVIDING FOR PUBLICATION;
AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION '1. That the City Code of Ordinances, Chapter 53 - Traffic, ARTICLE VIII.
SCHEDULES, Section 53-252. SCHEDULE Ill-PARKiNG PROHIBITED ATALL TIMES
ON CERTAIN STREETS, is amended by adding a part of West Broadway Street to read
as follows:
"West Broadway Street, both sides, between Padre Street (Interstate 37
North Access Road) and Sam Rankin Street."
SECTION 2. Publication shall be made one time in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 3. A violation of this ordinance may result in a citation being issued and a fine
being assessed.
H:~EG.DIR~IO EMI~DDC U RTl S~IYDOCS~2001~.O R DNA NCS~TRAFFIC\IWAY S~3'~loParkingWestl~roa~way.wpd
Page 2 of 3
SECTION 4. That upon written request of the Mayor or five Council members, copy
attached, the City Council (l) 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 13th day of March, 2001.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
Legal form approved March 7, 2001
James ~,,~Bray, Jr., City ~t~orney !
Doyle ~. Curtis
Senior Assistant City ^ttorney
Samuel L. Neal, Jr., Mayor
H:~LEG-DIR~NO EMI~DDCU RTIS~MY DO C S~.001\O RD NANC S;TRAF FIC~IWAYSTRT~N°ParkingweatBma~way.wpd
6
AGENDA MEMORANDUM
February 24, 2001
AGENDAITEM:
Ordinance authorizing the City Manager to execute a Participation Agreement with So-San
Corporation, a Texas Corporation for public street imprevements on Oso Parkway of which
the City's share of costs must not exceed $41,584.55 for said improvements; and declaring an
emergency,
ISSUE: So-San Corporation, the developer of Victoria Park Unit 5 Subdivision, was required
to complete the construction of public improvements for plat recordation and is requesting
compensation as proposed by the attached Participation Agreement (Exhibit D) for the
extension and construction of Oso Parkway adjacent to a dedicated park. Reimbureement to
So-San Corporetion will only be made upon City acceptance of the completed public
improvements.
FUNDING: Funds are available from the General Fund pending the sale of Street Bond funds
to be issued March 20, 2001 for the City's share of New Subdivision Street Construction.
RECOMMENDATION: Staff recommends approval of the Ordinance as presented and the
encumbrance of $41,584.55 from the Street Capital Projects Fund for disbursement upon final
completion and acceptance of the improvements by theCity.
Angel R. Escobar, P.E.
Director of Engineering Services
ATTACHMENTS:
Exhibit A.
Exhibit B.
Exhibit C.
Exhibit D.
Exhibit E.
Background Information
Location Map
Construction Cost Estimate
Participation Agreement
Ordinance
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
Development Back_uround:
So-San Corporation, the owner and developer of the subdivision known as Victoria Park
Unit 5, had a plat approved by the Planning Commission on January 17, 2001 which will
dedicate Lot 2, Block 17 as a parkland area. The subdivision plat will be recorded in the
Map Records of Nueces County, Texas, upon receipt of the Owner's Affidavit and
subsequent determination that public improvements are 75% complete.
The park pamel will be bounded on the north by the easterly extension of Dso Parkway,
construction of the street to be accomplished after approval of plans. The proposed
extension of Dso Parkway adjacent to the parkland to be dedicated is shown on Exhibit B,
Location Map.
Although parkland dedication requirements were satisfied for the Victoria Park Subdivision
when the last parcel of Unit 4 was constructed, when the Unit 5 development was being
proposed in 1997 City Staff determined that the Dso Parkway Plan calls for parkland in
excess of what is required by Platting Ordinance and a decision was made to accept the
developer's offering of this parcel as parkland through dedication. This would enable the
City to continue the policy of minimum development on property between Dso Parkway and
Dso Creek in future development issues. The park parcel location is consistent with and
implements that section of the Dso Parkway Area Development Plan (ADP) along with the
extension of Dso Parkway. The developer did not follow through with his plan to build Unit
5 in 1997 and placed the development on hold until recently when it was reactivated for
construction..
As provided for under Section IV, G, 2, j of the Platting Ordinance, as amended, the City
must'bear its portion of the cost of curbs, gutters, sidewalks, and paving of streets bounded
the subdivision park. The Engineer's preliminary cost estimate for construction of the City
portion of the project is shown at ExhibitC. The City's share of costs must not exceed
$41,584.55 for the street construction.
Exhibit A
Page 1 of 2
The Effect of Recent Amendments to the Platting Ordinance.
A long standing practice of committing the City to public improvement infrastructure costs
for new developments via approval of a plat and construction plans was discontinued by
the passing of Ordinance Number 24338 on January 16, 2001. The approved process
which is consistent with the City Charter requires certification of funds and City Council
approval allocating such funds for a project prior to approval of plans and initiation of
construction. The construction plans for Victoria Park Unit 5 Subdivision had expired six
months after their approval in September 1997 because the developer failed to initiate
construction as required. The plans have been revised due to resizing of lots and because
infrastructure changes have been required.
The plans are ready for approval by the City Engineer, however, cannot be approved until
the City's costs for participation in the street construction are authorized and appropriated
by Council. The City's funds for participation in New Subdivision Street Construction come
from the Street Capital Projects Fund, derived from the sale of street bonds. Pending the
sale of bends to be issued March 20, 2001, the unreserved fund balance of the General
Fund No. 1020 will be used for this appropriation.
The City's Engineering Department has appdsed the developer that if he proceeds without
City Council approval, it will be with the understanding that they asssume total responsibility
for project costs.
C~~: All work must be complete, have been inspected and accepted by the
City before reimbursement to So-San will be made.
Exhibit A
Page 2 of 2
LOT 21
SITE
LOT I 5
LOT 25 LOT 25
AREA MAP
PLAN
STA 6+44.9 I'-X
/I
FOR 1/20SO PARKWA Y,
LOCA EON MAP
Sca/e: nome
Dept. of Eng/neer/ng Serv/ce$
GIlT PARK PARllCIPA llON EXHIBIT B
Sheet I of !
VICTORIA PARK UN/T 5
PARK PAVEMENT PARTICIPATION
OSO PARKWAY
VICTORIA PARK UNIT 5 SUBDIVISION
CONSTRUCTION COST ESTIMATE
DESCRIPTION QUAN. UNIT I UNIT TOTAL
ITEM
[ +8%, PRICE COST
CREDiTIREIMBUFmF:IUlENTS:
PARK PAVF_Mi=NT PARTICIPATION ITEMS (644.91'):
1 Clear and Grub & Waste Cleanup 0.62 AC $1,000.00 $620.00
2 r=Y~-~vation & Fill within Street R.O.W. 930.00 ICY $1.70 $1,581.00
3 10" Lime Sta~!i~,~ Sub~rade 1580.00 SY $3.50 $5,530.00
4 8" Cement Stabilized Caliche Base 1355.00 SY $5.60 $7,588.00
5 2" HMAC w/Pdme Coat 1355.00 SY ! $5.80 $7,859.00
6 8" 'L' Curb 677.00 i LF ' $6.90 $4,671.30
7 !8' Concrete Bike Path 5417.00 SF i $2.00 $10,834.00
PARK SUB-TOTAL: $38,683.30
Engineering Fee ~ 7.5%1 $2,901.25
Reimbumement Total $41,584.55
I
i
January 31, 2001
EXHIBIT C
PARTICIPATION AGREEMENT
THE STATE OF TEXAS
COUNTY OF NUECES
THIS AGREEMENT is entered into between the City of Corpus Christi (City), a Texas Home
Rule Municipal Corporation, P. O. Box 9277, Corpus Christi, Nueces County, Texas and So-San
Corporation (Developer), a Texas Corporation, 640 Trillium Drive, Kitchener Ontario, Canada
N2H6M3
WHEREAS, Developer has proposed a residential subdivision known as Victoria Park Unit 5, a
17.30 acre Iract of land out of Lots 25, 26 and 27, Section 27, Flour Bluff and En¢inal Farm and Garden
Tracts, a map of which is recorded in Volume A, Pages 41-43, Map Records of Nueces County, Texas;
and
WHEREAS, Developer has submitted a plat, in compliance with the provisions of the City
Platting Ordinance, Section IV, Subsection F., which dedicates a porfun of Victoria Park Unit 5 for use
as Parks and Playgrounds; and
NOW, THEREFORE, in order to provide a coordinated land development and street
construction project, the City and Developer agree as follows: ..
Developer will construct certain improvements for and on behaff of the City including
pavement and sidewalks on Oso Parkway which bounds the above described dedicated park, as
depicted in exhibit 'A'. The improvements will be constructed in accordance with the plans and
specifications approved by the City Engineer. This Agreement will be null and void if the subdivision
consu'uction authorized by the approved plans and specifications is not completed within the time
limits specified in the City's Platting Ordinance or if not constructed per the approved plans and
specifications; the construction will then be contracted for and financed completely by the Developer.
For Victoria Park Unit 5, the total estimated cost of the City's share of public street
improvements, as depicted in Exhibit B is $41,584.55. The City's share will be adjusted according to
the actual construction cost after completion of the work, but in no case will the City's share exceed the
estimated amount of $ 41,584.55. The City's payment to the Developer will be made after completion
and a¢ceptanco of all subdivision improvements by the City Engineer.
The City shall reimburse the Developer for the City's share of the cost of public improvements
for this development in the following manner:
a. Upon recordation of the final plat of Victoria park Unit 5, and final acceptance of public
improvements by the City Engineer, the Developer will be paid for actual costs of the
City's share, not to exceed $41,584.55, of the required public improvements no later than 60
calendar days from the date of final acceptance by the City Engineer.
Developer must indemnify and hold harmless the City, its' agents, officers and employees
(Indemnities) from all suits, actions or claims and from all liability for any and all injuries or damages
sustained by any person, including, without limitation, workers compensation, personal injury or death,
arising from or incident to this street consUuction developer agreement, regardless of cause or of any
concorrent or contributing fanlt or neghgenceofIndemnltles, mcludmg Indemnities sole negligenc.
Participation Agreement - Vieteria Park Unit 5
So-San Corpora6an
Page 1 of 2
Exhibit D
Page 1 of 2
The Developer further agrees, in compliance with the City of Corpus Christi Ordinance No. 17112,
to complete as part of this Agreement, the Disclosure of Ownership interest form attached hereto and
labeled Exhibit 'C'.
The Agreement becomes effective and binding upon and inures to the benefit of the patties
hereto and their heirs, successors, and assigns from and after the date of execution.
EXECUTED IN TRIPLICATE originals, this
ATTEST:
By:
City Secretary
APPROVED:
Day of
,2001
day of
CITY OF CORPUS CHRISTI
By:
,2001.
David Garda, City Manager
OWNER: SO-SAN CORPORATION
By:.
Assistam City Attorney
THE STATE OF TEXAS
COUNTY OF NUECES
Greg Voisin, Presidem
This insmunem was acknowledged before me on the day of ,2001, by
Greg Voisin, President of So-San Corporation, a Texas Corporation, on behaffof said corporation.
Notary Public
THE STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on the dayof ,2001, by
David Garcia, as City Manager of the City of Corpus Christi, a Texas municipal corporation, on behalf of
said corporation.
Notmy Public
Participation Agreement - Victoria Park Unit 5
So-San Corporation
Page 2 of 2
Exhibit D
Page 2 of 2
Page 1 of
AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE
A PARTICIPATION AGREEMENT WITH SO-SAN CORPORATION FOR
PUBLIC STREET IMPROVEMENTS ON OSO PARKWAY ABUTTING A
DEDICATED PUBLIC PARK NOT TO EXCEED $41,584.55 FOR CITY'S
SHARE OF COSTS OF THE IMPROVEMENTS.
BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS:
SECTION 1. That the required funds having been appropriated by ordinance of even date
herewith, the City Manager, or his designee, is authorized to execute a participation
agreement with So-San Corporation for public street improvements on Oso Parkway
abutting a dedicated public park not to exceed $41,584.55 for the City's share of the costs
of the improvements.
H:\LEG.DiR\NoEMi\DDCURTiS~YDOCS~001\P&ZORD01~PART[C~I\VICTOR~I .WPD
7
CITY COUNCIL
AGENDA MEMORANDUM
DATE: March 05, 2001
AGENDA ITEM: Ordinance closing and abandoning a 5,776 - a square foot portion of a
20 - foot wide utility easement out of Lot 2B and 3, Block 1, Caja Industrial Development
Subdivision; requiring the owner, Regional Transit Authority, to comply with the specified
conditions and replat the property within 180 days at owner's expense; and declaring an
emergency.
ISSUE: On behalf of Regional Transit Authority, Ms. Linda Watson, General Manager is
requesting the closure of an easement to accommodate future expansion of the RTA Site
and the construction of a new building in the area currently occupied by the easement.
REQUIRED COUNCIL ACTION: City Charter requires Council approval to close and
abandon any portion of an easement.
RECOMMENDATION: Staff recommends approval of the ordinance as presented on an
emergency basis.
~'f2t~ngel R. Escobar, P.E.
Director of Engineering Services
Attachments:
Exhibit A - Background Information
Exhibit B - Ordinance
Exhibit C - Site Location Map
h:~...~Gen\Esmt-Clos\01E s mt-Clos\Caja[nd-mem.wpd
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
PURPOSE OFCLOSUREAND BACKGROUND:
On behalf of Regional Transit Authority (RTA), Ms. Linda Watson, General Manager is
requesting the closure and abandonment of a 5,776-square foot (20' wide x 288.79' long)
portion of a 20-foot wide utility easement. The easement to be closed is located in Zone
I-2 within the city limits of Corpus Christi. See Exhibit "C', Location Map.
The RTA owns Lots 2B & 3, Block 1, Caja Industrial Development, which embrace the
portion of utility easement proposed for closure. The RTA must adjust the alignment of 60
feet of the utility easement in Lots 2B & 3 to accommodate the construction of a new
building. The RTA is proposing to dedicate a 15-foot utility easement (5,179-square foot)
within Lot 2B, Block 1, Caja Industrial Development to reroute the waterline which currently
traverses the easement proposed for closure. The dedication helps offset a portion of the
fair market value.
All public and franchised utilities were contacted. No objections were received from the
public and franchised utilities to the proposed closure.
Staff recommends that payment of the fair market value of five hundred thirty-seven dollars
and thirty cents ($537.30) be paid to the City of Corpus Christi. The $537.30 is the
difference in value between the portion of the easement proposed for closure (5,776 sq.
ft.) and the easement to be dedicated (5,179 sq. ft.).
Page 1 of 3
AN ORDINANCE
ABANDONING AND VACATING A 5,776-SQUARE FEET, 26-FEETWIDE,
UTILITY EASEMENT OUT OF LOTS 2B AND 3, BLOCK 1, CAJA
INDUSTRIAL DEVELOPMENT SUBDIVISION; REQUIRING THE OWNER,
REGIONAL TRANSIT AUTHORITY, TO COMPLY WITH THE SPECIFIED
CONDITIONS AND REPLAT THE PROPERTY WITHIN 180 DAYS AT
OWNER'S EXPENSE; AND DECLARING AN EMERGENCY.
WHEREAS, there is a 5,776-square feet, 20-feet wide, utility easement out of lots 2B and
3, Block 1, Caja Industrial Development Subdivision; and
WHEREAS, REGIONAL TRANSIT AUTHORITY ("Owner"), owns each of the above lots
and wishes to have the City abandon and vacate the utility easement in said lots; and
WHEREAS, it as been determined that it is feasible and advantageous to the City of
Corpus Christi to abandon and vacate said portions of the above described utility easement
for all purposes, subject to the provisions listed below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the above described 5,776-square feet, 20-feet wide, utility easement
(as further described by the attached and incorporated Exhibit "A") is abandoned and
vacated for public use as a utility easement, subject to Owner's compliance with the
following specified conditions as part of the abandonment and vacation:
1)
2)
3)
Owner. shall pay the fair market value of five hundred thirty-seven dollars
and thirty cent ($537.30) to the City of Corpus Christi ($537.30 is the
difference in value between the portion of the abandoned easement (5,776
sq. ft.) and the replacement easement to be dedicated (5,179 sq. ft.);
Owner shall abandon the existing 8" waterline within the portion of the
abandoned easement and dedicate a 15-foot utility easement and pay to
reroute a new replacement 8" waterline (constructed to City Standards) in the
15 feet easement.
Owner shall replat his property within 180 days at Owner's expense.
H:~LEG-DIR~NOEMI~DOCURI~S~MYDOCS~001',ORO2001,100~Ordinanc.es~DDCORD01.104.WPO
Page 2 of 3
SECTION 2. 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 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 13th day of Mamh, 2001.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
Samuel L. Neal, Jr., Mayor
Legal Form Approved March 6, 2001
James R. Bray Jr.
City Attorney
By:
Doyle 13~rcurtis
Senior Assistant City Attorney
~ BATES
z w
a~o SRE LOCATION
LOT 9, BLOCK 2~1 LOT 1, BLOCK 1
J,C. RUSSELL FARM BLOCKS '~
ST.
CLAIRE
INDUSTRIAL
PARK
I
O~
- ~ 2~' OSED
JOB NO. 2S017.A0.02 B~R ~NE
DATE: JANUARY 11~ 2001
AGENDA MEMORANDUM
February 24, 2001
AGENDAITEM:
Ordinance abandoning and vacating a 10-foot wide (4,417.04 square feet) utility
easement out of Lots R, S, U, and V, Block 9, Corpus Christi Industrial District Section
2; requiring the owner, Herren Automatics, to comply with the specified conditions and
replat the property within 180 days at owner's expense; and
b. Ordinance authorizing the City Manager, or his designee, to execute a Sanitary Sewer
Maintenance Agreement with Horton Automatics requiring Herren Automatics to fully
maintain the sanitary sewer line in the easement and in return allowing Horton
Automatics (Owner) the right to use the 10-feet wide (3508.24 square feet) utility
easement out of Lot V, Block 9, Corpus Christi Industrial District Section, from manhole
to manhole, with specified conditions; establishing a fee of $4,385.00; and declaring an
emergency.
ISSUE: Horton Automatics has a need to expand its facilities to optimize its manufacturing
processes. Two existing public utility easements on the premises prohibit the expansion.
Abandoning and vacating one easement and a Sanitary Sewer Maintenance Agreement to use
the second easement are required.
REQUIRED COUNCIL ACTION: City Charter requires City Council approval to abandon and
vacate an easement and to execute an agreement to use an easement for private purposes.
RECOMMENDATION: Staff recommends approval of the Ordinances as presented.
~0~- Angel R. Escobar, P.E.
Director of Engineering Services
ATTACHMENTS:
Exhibit A.
Exhibit B.
Exhibit C.
Exhibit D.
Exhibit E.
Background Information
Site Map, Easement Abandonment and Vacation
Site Map, Sanitary Sewer Maintenance Agreement
Ordinances
Sanitary Sewer Maintenance Agreement
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
Background and Reasons forthe Reuuests.
Horton Automatics, with its local facilities at 4242 Baldwin Boulevard, Corpus Christi, Texas,
is a nationally acclaimed manufacturer of commemial and industrial doors. Representatives
of the company recently discussed with City Staff their plans to undertake significant capital
improvement projects to optimize their manufacturing and production processes. According
to these representatives, over the years their plant grew from a one (1) building to a four (4)
building operation occupying six (6) lots. Based on a site and layout analysis, the current site
and plant layout does not satisfy "total process" needs. They have determined that a divided
plant layout and operations have led to wasted space, inefficient material handling, and less
than optimum productivity. They have decided to redo part of the layout by continuing the
expansion and connection of buildings to improve their industrial engineering and
manufacturing processes.
The existence of two public utility easements on the premises (see Exhibit B and C) prohibits
Horton Automatics from expanding their facilities in the manner needed to achieve their goals.
By definition, a public easement is a right-of-way granted or dedicated for limited use of pdvate
land for a public purpose and within which the owner of the property shall not erect any
permanent structures. Therefore, Horton Automatics must undergo the steps being taken by
this action, i.e., request to City Council for the abandonment and vacation of one easement
and the agreement of using the second easement in the manner described below.
The representatives of Horton Automatics have informed City Staff that their corporate
headquarters favors the alternative being pursued, i.e., expansion and optimization of their
Corpus Christi plant. They have indicated, however, that relocation of their operations to the
Dallas area is an alternative consideration if plant efficiencies cannot be achieved at their
current location.
Abandonment and Vacation of the Utility_ Easement.
Exhibit B shows the location of a proposed building expansion in relation to the 10' utility
easement (4,417.04 square feet) which Horton Automatics has requested be approved for
abandonment and vacation. The utility easement is embraced on the east side by Lots R and
S, and on the west by Lots U and V, Block 9, Corpus Christi Industrial Distdct Section 2, which
are owned by Horton Automatics. Lot T, Block 9 is owned by First Commerce Bank and
utilities are provided from Baldwin Boulevard and Airport Road.
EXHIBIT A
Page 1 of 3
Central Power and Light Company (CP& L) and Southwestem Bell (SWB) have been the only
utility companies with facilities (utilities) in this easement. The CP&L and SWB have agreed
to relocate their facilities to Airport Road right-of-way at the expense of Horton Automatics.
The easement proposed to be abandoned and vacated is located in Zone I-2 within the city
limits of Corpus Christi.
All public and franchised utilities were contacted regarding the request for abandonment and
vacation of the easement. There are no objections.
Staff recommends that payment of a fair market value of two thousand seven hundred sixty
dollars ($2760.00) be paid to the City of Corpus Christi for abandoning and vacating the
easement., in addition, Horton Automatics will be required to re-plat the property within 180
days after approval of the abandonment and vacation of the easement. The owner has been
advised of and concurs with the above conditions.
Request for a Sanitary_ Sewer Maintenance Agreement for the Utility_ Easement Within
Exhibit C shows the location of a proposed building expansion to connect a building on Lot V '
to building on Lot 7. A 10-feet utility easement contained within Lot V, along its northern edge,
lies between the buildings and inhibits the building connection. This easement contains a
public 8-inch sanitary sewer line that serves the Horton Automatics buildings adjacent to the
easement as well as several other properties, i.e., Lots J through P and Lots W, X2, and Y.
Because Horton Automatics has aspirations of someday acquiring and developing as many lots
as possible in Block 9 to continue their growth, no feasible alternative mute can be found for
the relocation of the sanitary sewer line which would not impact future plant expansion options.
This prohibits the abandonment and vacation of this easement. Therefore, the City's
Engineering, Wastewater, and Legal Departments determined that a Sanitary Sewer
Maintenance Agreement is a viable instrument by which the City can allow Horton Automatics
to connect the buildings and use the easement area for their operations.
The Sanitary Sewer Maintenance Agreement will allow Horton Automatics (Owner) the right
to use the 10-feet wide (3508.24 square feet) utility easement out of Lot V, Block 9 from
Manhole 2 to Manhole 3 (manhole designation established for the purpose of this discussion
only),, with the following specified conditions:
1. Owner agrees (within 30 days of execution of the Agreement) to either rehabilitate the
sewer line using the CIPP (Cured In Place Pipe) method or replace the line in its entirety
from manhole to manhole, approximately 350.8 feet length, to City standards.
2. Owner agrees to maintain the line in a serviceable condition at ail times during the life of
the Sanitary Sewer Maintenance Agreement so that service to the other properties is
EXHIBIT A
Page 2 of 3
maintained.
3. Owner agrees to limit construction in the easement area to the following:
a) Construction of a roof section to connect the building on Lot V with the building on
Lot Z.
b) Utilization of existing building columns and walls as the supporting structure(s) for the
new roof section (No new columns will be allowed in the easement).
c) Construction of a concrete floor (slab on grade) between the existing building
foundations, to serve as the floor connection between the buildings.
d) Installation of a 10-foot wide overhead (or equal) door at each end (east and west) of
the closed off portion of the easement to allow access into the easement area inside the
building.
e) Maintain the interior easement area free of machinery or equipment that would prohibit
access and maneuverability over the easement area to maintain, repair, or replace the
sanitary sewer line.
4. Owner agrees to leave the area within a 15-foot radius of the center of each manhole clear
for City access to the manholes.
5. Owner agrees to apply to the City to abandon and vacate all utility easements in Block 9
if Owner acquires the rest of the lots in Block 9 while this agreement is in effect.
6. Owner agrees to remove all obstructions from the easement within sixty (60) days upon
termination of the Agreement, if termination is not because of the acquisition of all the lots.
7. Owner agrees to hold harmless the City of Corpus Christi for all liability related to the
easement, the sewer line, and improvements from manhole to manhole.
All City and private franchised utilities were contacted regarding this Sanitary Sewer
Maintenance Agreement. None had any objections, provided the applicant meets the specified
conditions set out in the Agreement.
A one-time fee of $ 4.385.00 is being recommended. The Owner has been advised of and
concurs with all the conditions of the Agreement.
EXHIBIT A
Page 3 of 3
SITE lOCATION
SCALE: N.T.$.
AGNES STREET
LOT Y
LOT M
NOTES: 1.) ,aU_ LOTS A.~E IN BLOCK 9, CORPUS CHRIS'IT ~
INDUSTRIAL DISTRICT, SECEON 2, ~ RECORDED IN
~L 32, ~. 113, ~ RECORD~ NU~ COU~ ~
2.) ~N A~O~C O~S LO~ ~Xl ~O Z
ENGINEERING
EASEMENT ABANDONMENT
AND VACATION
LOTS R, S, U, AND V, BLOCK 9
C.C. INDUSTRIAL DISTRICT SECTION 2
EXHIBIT B'
DATE: f4ARC~&2001
JOB NO. 28843,A0.00 SCALE:
10' U.F-
SEWER
AGNES STREET
LOT I~
LOT Y
LOT ~¢
I
LOT/d
/
LOT N
/
LOT 0
LOT P
/
LOT R
LOT S
NOTES: 1.,] ALL LOTS ARE IN BLOCK g, CORPUS CHRISTI
INDUSTRIAL D/STRICT, SECTION 2, AS R~CORDED IN
VOL. 32, Pg. 115, MAP RECORDS, NUECES COUNT~, TX.
2.) HORTON AUTOMATIC O~FtVS LOTS R,~U,V, XI AND Z.
$.) REttA~IUTATION OF 8" S.S. UNE ~ILL BE BE'rlVE'EN
~H-2 AND I;IH-$ FOR A DISTANCE OF
LOT T
I SANITARY SEWER
I MAWTENANCE AGREEMENT
IjI~ENGINEE:RING I I I.,OTV, BLOCK9
CORPUS CHRISTI. T[XASJ I C.C. INDUSTRIAL DISTRICT SECTION 2
EXHIBIT C
Page 1 of
AN ORDINANCE
ABANDONING AND VACATING A 4,417.04-SQUARE FEET, 10-FEET
WIDE, UTILITY EASEMENT OUT OF LOTS R, S, U, & V, BLOCK 9,
CORPUS CHRISTI INDUSTRIAL DISTRICT SECTION 2; REQUIRING THE
OWNER, HORTON AUTOMATICS, TO COMPLY WITH THE SPECIFIED
CONDITIONS AND REPLAT THE PROPERTY WITHIN 180 DAYS AT
OWNER'S EXPENSE; AND DECLARING AN EMERGENCY.
WHEREAS, there is a 4,417.04-square feet, 10-feet wide, utility easement out of Lots R,
S, U, & V, Block 9, Corpus Christi Industrial District Section 2;and
WHEREAS, HORTON AUTOMATICS ("Owner"), owns each of the above lots and wishes
to have the City abandon and vacate the utility easement in said lots; and
WHEREAS, it as been determined that it is feasible and advantageous to the City of
Corpus Christi to abandon and vacate said portions of the above described utility easement
for all purposes, subject to the provisions listed below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the above described 4,417.04-square feet, 10-feet wide, utility easement
(as further described by the attached and incorporated Exhibit "A") is abandoned and
vacated for public use as a utility easement, subject to Owner's compliance with the
following specified conditions as part of the abandonment and vacation:
1)
2)
3)
Owner must pay the fair market value of two thousand seven hundred sixty dollars
($2760.00) to the City of Corpus Christi for abandoning and vacating the easement.
Owner must replat his property within 180 days at Owner's expense.
Owner must pay for the relocation of Central Power and Light Company (CP& L)
and Southwestern Bell (SWB) facilities (utilities) to Airport Road right-of-way.
Exhibit D-1
Page 1 of 3
H:~HO M E'~LEOF~GE N~AG0 I~ORTO N 1.0RD
Page 2 of
SECTION 2. 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 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 13th day of March, 2001. ,
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
Samuel L. Neal, Jr., Mayor
Legal Form Approved March 6, 2001
James R. Bray Jr.
City Attorney
By:
Doyle D. Curtis
Senior Assistant City Attorney
H:\HOME\LEOF~GEN~AG01\HORTON 1.0RD
Exhibit D-1
Page 2 of 3
Page 3 of
Corpus Christi, Texas
day of ,2001.
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and voting
upon ordinances at two regular meetings. I/we, therefore, request that you suspend said
Charter rule and pass this ordinance finally on the date it is introduced, or at the present
meeting of the City Council.
Respectfully,
Respectfully,
Samuel L. Neal, Jr., Mayor
The City of Corpus Christi
Council Members
The above ordinance was passed 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:\HOME~LEOF~GEN~AG0 I~HORTON 1.0ED
Exhibit D-1
Page 3 of 3
AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE
A SANITARY SEWER MAINTENANCE AGREEMENT WITH HORTON
AUTOMATICS REQUIRING HORTON AUTOMATICS TO FULLY
MAINTAIN THE SANITARY SEWER LINEIN THE EASEMENT ANDIN
RETURN ALLOWING HORTON AUTOMATICS(OWNER)THE RIGHTTO
USETHE10-FEETWIDE(3508.24SQUAREFEET) UTiLITY EASEMENT
OUT OF LOT V, BLOCK 9, CORPUS CHRISTIINDUSTRIAL DISTRICT
SECTION 2, FROM MANHOLE TO MANHOLE, WITH SPECIFIED
CONDITIONS;ESTABLISHING A FEE OF$4,385.00;AND DECLARING
AN EMERGENCY.
BElT ORDAINED BY THE CITY COUNCIL OFTHE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. That the City Manager, or designee, is authorized to execute a
Sanitary Sewer Maintenance Agreement with Horton Automatics, requiring Horton
Automatics to fully maintain the sanitary sewer line in the easement and allowing Horton
Automatics (Owner) the right to use the 10-feet wide (3508.24 square feet) utility easement
out of Lot V, BLOCK 9, CORPUS CHRISTI INDUSTRIAL DISTRICT SECTION 2, from
manhole to manhole, with specified conditions and establishing a fee of $4,385.00. A copy
of the Agreement is on file with the City Secretary.
SECTION 2. That upon wdtten 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 13th day of March, 2001.
ATTEST:
THE CiTY OF CORPUS CHRISTI
Armando Chapa, City Secretary
Samuel L. Neal, Jr., Mayor
Legal form approved March 6, 2001
James R. Bray, Jr., City Attorney
By:
Doyle Curtis, Senior Assistant City Attorney
H:~OMEALEOFAGEN\EASEMENT.CLO~20OI\HORTON~ 1.0RD
Exhibit D-2
Page 1 of 2
Corpus Christi, Texas
day of ., 20
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and voting
upon ordinances at two regular meetings: I/we, therefore, request that you suspend said
Charter rule and pass this ordinance finally on the date it is introduced, or at the present
meeting of the City Council.
Respectfully,
Respectfully,
Samuel L. Neal, Jr., Mayor
City of Corpus Christi
Council Members
The above ordinance was passed 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:~IOME~LEOF~GEN\EASEMENT. CLO~2001\HORTON~I .ORD
Exhibit D-2
Page 2 of 2
SANITARY SEWER MAINTENANCE AGREEMENT
Page 1 of 5
THE STATE OF TEXAS §
COUNTY OF NUECES §
That the City of Corpus Christi, a Texas home rule municipal corporation, acting
through its duly authorized Deputy City Manager, George K. Noe, in accordance with Article
IX, Section 1, Corpus Christi City Charter, in consideration of $4,385.00 paid by Horton
Automatics ("Owner"), of 4242 Baldwin Blvd., Corpus Christi, Nueces County, Texas the
receipt of which is acknowledged, has executed and by these presents does execute, upon
the conditions hereinafter stated, a SANITARY SEWER MAINTENANCE AGREEMENT
with said Owner, for the right to use a 10-foot wide utility easement out of Lot V, Block
9, Corpus Christi Industrial District Section 2, for expansion of buildings and
maintenance of an existing public sanitary sewer line in the easement (hereinafter
collectively known as "The Improvements") within the City of Corpus Christi, Nueces
County, Texas, as shown on the attached and incorporated Exhibit A.
Owner, its successors, and assigns, shall have the right, under the following conditions,
at any time to enter upon the above described easement to maintain the The
Improvements; and it is further understood that this agreement is executed subject to
Owner's compliance with the following conditions:
A. This Agreement ("Agreement") may be revoked at any time upon the giving of 60
days notice in writing by the City of Corpus Christi's City Manager, or designee ("City
Manager").
B. To the extent allowed by Texas law, Owner, its officers, members, partners,
employees, agents, and licensees (hereinafter called "Owner") hereby fully
indemnify, save and hold harmless the City of Corpus Christi, its officers,
employees, agents, licensees, and invitees ("indemnitees") against any and all
liability, damage, loss, claims, demands and actions of any nature whatsoever on
account of personal injuries (including, without limitation on the foregoing, workers'
compensation and death claims), or property loss or damage of any kind
whatsoever, which arise out of or are in any manner connected with, or are claimed
to arise out of or be in any manner connected with said utility easement or
construction, installation, existence, operation, use, maintenance, repair, restoration,
or removal of The Improvements pursuant to this agreement, including said injury,
loss or damage caused by the sole or contributory negligence of the indemnitees or
any of them. Owner must, at its own expense, investigate all those claims and
demands, attend to their settlement or other disposition, defend all actions based
thereon with counsel satisfactory-to indemnitees and pay all charges of attorneys
C;\WINDOW~TEM~HORTON-I.AGM
Exhibit E
Page 1 of 5
Page 2 of 5
and all other cost and expenses of any kind arising from any of said liability,
damage, loss, claims, demands, or actions.
C. Owner must acquire and maintain commercial general liability insurance pertaining
to the The Improvements and the activities related to the The Improvements authorized
by this ,Agreement, in the minimum amounts set forth in the attached and incorporated
Exhibit B. The insurance policies must show the City as a named additional insured. Upon
City Manager's written request, Owner shall provide copies of all insurance policies to the
City Attorney. The policies may not be canceled, renewed, or materially changed without
10 days advance written notice to the City's Director of Engineering Services, or designee
("City Engineer").
D. Owner's use of the The Improvements must not interfere with City's construction,
operation, repair, replacement, or maintenance of the existing or future manholes and
associated utility lines. If City (or any other franchisee companies needs access to the
easement, Owner must render the The Improvements opened for uninterruped access to
the utility lines for repair, replacement, or maintenance of the utility lines. The Owner shall
be reponsible for repairing the The Improvements to their original condition or removing
the The Improvements at which time this Agreement terminates immediately.
E. Owner must not close or barricade the easement, or any portion of the easement,
to install, repair, or maintain the The Improvements until the Owner or his contractor has
filed an approved traffic control plan with City's Traffic Engineering Office.
F. Owner must pay to maintain or repair the The Improvements at all times,
regardless of the type of damage that may occur, within 30 calendar days of notice of
damage to Owner. Failure to do so terminates this Agreement immediately.
G. Owner must comply with all applicable Federal, State, and local laws and
regulations, as may be amended.
H. Owner must not assign this Agreement without City's prior written consent.
I. · Owner must submit a set of construction drawings to the City Engineer for any
proposed work two weeks prior to onset of construction. The drawings must show the
depth and location of the proposed construction and distance from the existing water,
stormwater, wastewater and gas lines.
J. Owner must vedfy depth and location of existing Water, Wastewater, Gas, C.P.& L.,
S.W.B.T., Time Warner, and ClearSource lines, as well as Espire, KMC, iCG, CAPROCK,
and communication fiber optic cables. Prior to the start of any excavation, the Owner or
Owner's Agent must call the Texas One Call System (1-800-245-4545), 1-800-DIG-TESS
C:\WIN DOWS~TEMP~HO RTON- 1 ,AGM
Exhibit E
Page 2 of 5
Page 3 of 5
and Lone Star Notification Center (1-800-669-8344) for locations of existing utilities. A City
Inspector may request a utility line be uncovered to verify its depth or location.
K. Owner must not begin work without 48 hours prior notice to the C.P.& L, S.W.B.T.,
ClearSource, Time Warner, Water, Gas, Storm Water, and Wastewater Divisions along
with the Espire, KMC, ICG, and C^PROCK, communication fiber optic companies.
L. Owner must properly tamp backfill around existing utilities in accordance with the
City of Corpus Christi Standard Specifications, including City Water Distribution System
Standards.
M. If damage occurs to either of the two City wastewater manholes within the utility
easement, as determined by the City's representative, a City Wastewater Division crew will
be brought in and allowed immediately to make all repairs. All City costs (labor and
materials) associated with the repairs must be paid by the Owner within 30 days of City
Manager's invoice thereof. City's representatives will determine the extent of damage and
amount of repairs to the manhole(s). For City's access to the manholes, Owner must
maintain an unobstructed area within a 15 ft. radius of the center of each manhole.
N. Within 30 days of the execution of this Agreement, Owner must replace the existing
wastewater sewer line located between city manhole to manhole within the utility easement
by (1) rehabilitating the existing line from manhole to manhole using the ClPP (Cured In
Place Pipe) method or (2) replacing the existing line in its entirety from manhole to
manhole, approximately 350.8 feet, with a new line. All of this work shall be in accordance
with City standards. Thereafter, Owner must maintain and repair said line as needed, or
replace said line, as determined by the City.
O. Work around any existing water main must be done under the inspection of a Water
Division Inspector at a daily rate of $286.80 for each day spent inspecting construction,
maintenance, repair, replacement or relocation of the The Improvements pursuant hereto.
A half-day (4 hours) or more of work constitutes a whole working day for purpose of
calculation. Any time in excess of 8 hours a day, or on Saturday, Sunday or Holidays, must
be calculated at a daily rate of $53.77 an hour. Owner must pay these funds to the City of
Corpus Christi, Water Department. These amounts will be adjusted annually on August 1
to reflect any pay increase.
P. Owner must take every precaution not to disturb the soil surrounding any existing
water or wastewater line, including all thrust blocks.
Q. Damage to driveways, culverts, head walls and any other structure, public or pdvate,
must be repaired by the Owner at his expense within 30 days after being notified of
damage to same.
C:~WINDOWS\TEMP~HORTON- 1 .AGM
Exhibit E
Page 3 of 5
Page 4 of 5
R. Owner must not store or leave any equipment or material in City right-of-way
overnight.
S. Owner must noti~ Street Superintendent (361-857-1940) 24 hours prior to starting
work, and must have a representative present during backfilling and pavement repairs.
T. The Contractor must provide proper safety and security devices to prevent possible
injuries or accidents. No open trenches or pits are to be left overnight. All trenches must
be backfilled promptly, the backfill properly compacted, surface restored, and the work
done in a neat and workmanlike manner.
U. If owner acquires the rest of the lots in Block 9 while this agreement is in effect, then
within 30 days Owner shall apply to the City to abandon and vacate all utility easements
in Block 9 and to terminate this Agreement. If this Agreement terminates for any other
reason, then Owner shall remove all obstructions and encroachments from the Utility
easement within 60 days of termination.
NOTE: All references herein to Owner include Owner's contractor(s), agent(s), and
employee(s) if applicable.
IN TESTIMONY WHEREOF, the City of Corpus Christi has caused these presents to be
executed on this the __ day of ,2001.
ATTEST:
City Secretary
CITY OF CORPUS CHRISTI
By:
George Noe, Deputy City Manager
APPROVED March 7, 2001
James R. Bray, Jr.
City Attorney
By:.
Doyle D. Curtis
Senior Assistant CitY Attorney
THE STATE OF TEXAS §
COUNTY OF NUECES §
C:~WINDOWS\TEMP~HORTON ~ 1 .AGM
Exhibit E
Page 4 of 5
Page 5 of 5
This instrument was acknowledged before me on ,2001, by
George K. Noe, Deputy City Manager of the City of Corpus Christi, a Texas Municipal
Corporation, on behalf of said corporation.
Notary Public, State of Texas
The above Agreement is here by accepted this the day of ,2001, by __
, of Horton Automatics, Owner. Owner agrees to keep and
perform the conditions imposed by said Agreement and that it is bound by all of the terms
of same.
By:
Name:
Title:
THE STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on
, as
Texas corporation, on behalf of said corporation.
,2001, by
, of Horton Automatics, a
Notary Public, State of Texas
Printed Name:
Expiration Date:
C:\WINDOWS\TEMP~HORTON- 1 .AGM
Exhibit E
Page 5 of 5
--~V'
CITY COUNCIL
AGENDA MEMORANDUM
Date: February 27, 2001
AGENDA ITEM: Motion authorizing the City Manager or his designee to execute an addendum
to the contract for purchase of services from the State of Texas, Department of Information
Resources, to provide computer maintenance to the Police Department's Digital Equipment
Corporation (DEC) equipment, authorized by Motion M2000-257, approved by City Council on July
25, 2000, to add 200 mobile data computers and miscellaneous equipment at an annual cost of
$11,946.72.
ISSUE: The additional equipment increases the contract to $56,524.44 or a 26.8% percent increase
in the contract previously approved by City Council.
BACKGROUND INFORMATION: Maintenance or "Recover-All" service on 200 laptops at a
monthly cost of $4.50 per laptop will provide for repair or replacement of the equipment due to
mechanical failure and malfunction. The annual contract (9/1/00 - 8/31/01) provides maintenance on
all the DEC equipment located in the Police Department consisting of the Computer Aided Dispatch,
Records Management System, and Personal Computer Network. The current annual contract for
$44,577.72 was approved by City Council on July 25, 2000 (M2000-257) and has been revised on
two other dates to add and/or delete equipment. The current contract is with the State of Texas
pursuant to the authority granted in the Interlocal Cooperation Act, Texas Government Code Ann.
791.001 (Vernon 1993). The state contract provides the least expensive option for maintenance that
can only be provided by COMPAQ.
FUNDING: The total amount of the agreement is $56,524.44, a $11,946.72 increase over the
previous year's contract due to the addition of the 200 mobile data computers as well as other
equipment additions to the contract since July 25, 2000. Funds have been budgeted in the Police
Department operating budget for FY 00/01.
REQUIRED COUNCIL ACTION: Approval of the contract.
RECOMMENDATION: Staff recommends approval of the contract.
P. Alvarez, J~:~ ~)
Chief of Police
Attachments:
Contract
COMPAG
26-F. EB-01
CORPUS CHRISTI POLICE DEPT
321 JOHN SARTAIN
CORPUS CHRISTI, TX 78401
Dear ~',~ $~A~.~r~
The attached Compaq/DIR service agreement is a confirmation copy
for your files. Should you have additional changes during the
year, please submit them to me by email. My email address is:
larry.d.dixon@compaq.com.
As a Compaq/DIR customer you have a wide range of services
available to you. Listed below are just a few of our most
popular services.
Hardware Support
Hardware Maintenance - From "next day" to "same day"
and up to 24 X 7 days by 2 hour response.
response,
Warranty Uplifts - Uplifts any standard on-site warranty to
"same day" response, and up to 24 X 7 days by 2 hour response.
Software Support
Bronze, Silver &
support for VMS,
Gold - Three
Unix, Novell,
levels of remedial and advisory
Windows NT, Windows 2000.
Disaster Recovery
Recover-All Service - Protects your equipment from loss due to
environmental or accidental occurrences (highly recommended).
Equipment Relocation
Relocation Service - De-installation, moving, and
re-installation of your IT equipment by Compaq professionals.
manage and coordinate the complete move.
We
High'Availability
Availability Assesament - A fixed-price availability analysis,
including detailed remedial recommendations and cost/benefit
estimates for servers and operating systems.
For more information you may want to visit our web site at
compaq.com/services, or give me a call at 972-273-2505.
Sincerely,
Larry Dixon
Compaq Global Services
larry.d.dixon@compaq.com
972-273-2505 (office)
972-253-1331 (fax)
Compaq Computer Corporation
5310 Harvest Hill Rd, Suite 200
Dallas, TX 75230
=1W SERVIUE AGREEMENT PAUE 2 OP
COMPAQ Tandem, a Division of Cosom Composer tmama corporaftan
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-
Line Item
Model No.
Ser/Sere ID
Description/Lccation/Adjustment
Eff Date
Service Level
-F Sa Su
R ExmP1
Qty
Unit Price-
Monthly Price
28.020
QT-5SUAA-TB
PW AS CAL VMS NVLS I
01 -FEB -01
New Version License Svc
24 24 24
U A
1
2.00
$2.00
28.004
QT-SLKAA-ES
PW 32 MUL CDRM MDD
01 -SEP -00
Media and Due Dist Svc
24 24 24
U A
1
6.00
$6.00
SysType/Ser#-. PCENV/CORPUSFTWR
CSC Access #: 745818
29.000
QT.YSH99.A9
INFOSERVER SSS
01 -SEP -00
Digital Bronze Support
24 24 24
U A
1
67.29
$67.28
$14.95
29.007
QT-XNGA9-A9
VXT Software SSS
01 -SEP -00
Digital Bronze Support
24 24 24
U A
1
14.95
29.009
QT-OLWAA-TA
DECsvr NA ALL NVLS
01 -SEP -00
New Version License Svc
242424
U A
1
1.00
$1.00
29.002
QT-VTUA9-ZA
DECSVR 300 VMS IS
01 -SEP -00
Telephone Support Svc
24 24 24
U A
1
23.00
$23.00
29.006
QT-03KA9-ZA
DECsvr 500 MUL TS
01 -SEP -00
Telephone Support Svc
24 24 24
U A
1
115.00
$115.00
29.012
QT-6GSAA-ZB
Raptor FIRE TS
01 -SEP -00
Telephone Support Svc
24 24 24
U A
1
110.00
$110.00
29.010
QT-OLWAA.XA
DECsvr NA ALL PKG SVC
01 -SEP -00
MDDS Win Pkg Svc
24 24 24
U A
1
16.00
$16.00
29.011
QT.6G8AA-XB
Rapier FIRE Pkg Svc
01 -SEP -00
MDDS Nfln Pkg Svc
24 24 24
U A
1
150.00
$150.00
SysType/Ser#- SFrWR/CORPUSFrWR2
CSC Access #: 745818
34.000
QR-SMBMI-Y3
BRONZE NT MAIN LISTI - TIER3
01 -SEP -00
Bronze Support for Windows
09 00 00
U A
1
150.00
$150.00
SysTypelSer#: PCENV/CORPUSFTWR1
CSC Access #: 745818
1.007
DEFAR-MA
AS42619402
GROUP: HRDWRE
DECrepenter "FA, DocsNo Pw
01 -SEP -00
DECService
24 24 24
R
1
&58
S&58
1.008
DFFAR-MA
AS42818731
DECrepeater "FA, DocsNo low
01 -SEP -00
DECServim
24 24 24
1
&58
$8.58
$1.50
11000
WA-RCALL-A
RECOVER-ALL SERVICE
01 -SEP -00
Recover -All
24 24 24
UDAP
1
16.00
$16.00
2.003
DEXBR-Z
C591600155
RousteAbt Aces El IP BASE SW
01 -SEP -00
Basic Service
09 00 00
1&00
$18.00
2.004
DEXBR-711
C591600022
RTABT ACC El IP STACK NO CORD
01 -SEP -00
Basic Service
09 00 00
1
1
18.00
$18.00
2.005
DEXBR-T3
C592888825
RTABT ACC El IP STACK NO CORD
01 -SEP -00
Basic Service
09 00 00
18.00
$18.00
2.006
DEXBR-T3
AY93161079
RTABT ACC El IP STACK NO CORD
01 -SEP -00
Basic Service
09 00 00
1
30.00
$30.00
2.007
DSRVB-AA
AG724M7108
DS200 RS232 TRMSV 120V W/LIC
01 -SEP -00
Basic Service
09 00 00
1
1
113.00
$113.00
3.003
DEMSA-AA
AS00805024
DEC MICROSERVER HfW (120VOLT)
01 -SEP -00
DECServim
09 00 OOR
$117.00
3.004
DSRVS-CA
AS02127757
DECSERVER 550 RACKMOUNT 120V
01 -SEP -00
DECServim
09 00 00
R
1
117.00
39.00
$39.00
3.005
DSRVF-BA
AGO17LMU0S
DS300 EIA423 TRMSV 120V W/LIC
01 -SEP -00
DECServim
09 00 00
1
1
39.00
$39.00
3.007
DSRVF-BA
AG017LMUII
DS300 EIA423 TRMSV 120V W/LIC
01 -SEP -00
DECServIm
09 00 00
39.00
$39.00
3.008
DSRVF.BA
AG017LPC31
DS300 EIA423 TRMSV 120V W/LIC
01 -SEP -00
DECService
09 00 00
1
1
39.00
5".00
3.009
DSRW-BA
AG017LMU14
DS300 EIA423 TRMSV 120V W/LIC
01 -SEP -00
DECService
09 00 00
39.00
$39.00
3.010
DSRW-BA
AG017LMT77
DS300 EIA423 TRMSV 120V W/LIC
01 -SEP -00
DECService
09 00 00
1
1
39.00
$39.00
3.011
DSRVF-BA
AG025MLC41
DS300 EIA423 TRMSV 120V W/LIC
01 -SEP -00
DECService
09 00 00
1
39.00
$39.00
3.012
DSRVF.HA
AG017LNM4
DS300 EIA423 TRMSV 120V W/LIC
01 -SEP -00
DECService
09 00 00
09 00 00
1
39.00
$39.00
3.013
DSRVF-BA
AG115RJH25
DS300 EIA423 TRMSV 120V W/LIC
01 -SEP -00
DECServIm
1
39.00
$39.00
3.014
DSRVF-BA
AG017LMT97
DS300 EIA423 TRMSV 120V W/LIC
01 -SEP -00
DECService
09 00 00
1
39.00
$39.00
3.015
DSRVF-BA
AG017LKU79
DS300 EIA423 TRMSV 120V W/LIC
01 -SEP -00
DECService
09 00 00
39.00
$39.00
3.016
DSRVF-BA
AGO17LMU16
DS300 EIA423 TRMSV 120V W/LIC
01 -SEP -00
DECServim
09 00 00
1
1
39.00
$39.00
3.017
DSRVF-BA
AGO17LMT79
DS300 EIA423 TRMSV 120V W/LIC
01 -SEP -00
DECService
09 00 00
1
39.00
$39.00
3.018
DSRVF-BA
AG017LMT93
DS300 EIA423 TRMSV 120V W/LIC
01 -SEP -00
DECService
09 00 00
1
39.00
$39.00
3.019
DSRVF-BA
AGO17LNTSO
DS300 EIA423 TRMSV 120V W/LIC
01 -SEP -00
DECService
09 00 00
1
45.00
$45.00
3.021
DEMPR-AA
AS02446864
THINWRE ENET MLTPRT RffRJI20
01 -SEP -00
DECService
09 00 00
. ........
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Line Item
Model No.
Ser/Sets ID
Descriptioramation/Adjustrnent
Eff Date
Service Level
M -F Sa Su
P Exmp!
Qty
Unit Price
Monthly Price
31000
WA-RCALLAA
RECOVER -ALL SERVICE
01 -SEP -00
Recover -All
09 00 00
UDAP
$103.95
**** GROUP: HRDWRE ****
4.008
SZISA.CA
kS4270S669
InfoTower SCSI Enck 4 RRD42
01 -SEP -00
DECService
24 24 24
R
1
180.47
8184.47
4.2000
WA-RCALL-AA
RECOVER -ALL SERVICE
01 -SEP -00
Recover -All
24 24 24
UDAP
$16.20
**** GROUP: HRDWRE ****
5.002
FM-DSKMO-%
49M - 14.4 BAUD MODEM
01 -SEP -00
Basic Service
09 00 00
DA
1
4.00
$4.00
5.003
FM.DSKMO-96
4800. 14.4 BAUD MODEM
01 -SEP -00
Basic Service
09 00 00
DA
1
4.00
$4.00
5.004
FM-DSKMO-96
4900-14.4 BAUD MODEM
01 -SEP -00
Basic Service
09 00 00
DA
1
4.00
$4.00
5.005
FM-DSKMO-%
4800. 14.4 BAUD MODEM
01 -SEP -00
Basic Service
09 00 00
DA
1
4.00
$4.00
5.006
FM.DSKMO-96
6%790
4800. 14.4 BAUD MODEM
01 -SEP -00
Basic Service
09 00 00
DA
1
11.00
$4.00
5.007
FM-DSKMO-96
696792
48M - 14.4 BAUD MODEM
01 -SEP -00
Basic Service
09 00 00
DA
1
4.00
$4.00
5.008
FM-DSKMO-96
696808
4800. 14.4 BAUD MODEM
01 -SEP -00
Basic Service
09 00 00
DA
1
4.00
$4.00
5.009
FM-DSKMO-96
716817
4900-14.4 BAUD MODEM
01 -SEP -00
Basic Service
09 00 00
DA
1
4.00
$4.00
5.010
FM-DSKMO-96
716820
48M - 14.4 BAUD MODEM
01 -SEP -00
Basic Service
09 00 00
DA
1
4.00
$4.00
5.011
FM-DSKMO-%
716823
4800. 14.4 BAUD MODEM
01 -SEP -00
Basic Service
09 00 00
DA
1
4.00
$4.00
5.012
FM-DSKMO-96
4800 - 14.4 BAUD MODEM
01 -SEP -00
Basic Service
09 00 00
DA
1
4.00
$4.00
5.013
FM-DSKMO-96
716826
4800. 14.4 BAUD MODEM
01 -SEP -00
Bade Service
09 00 00
DA
1
4.00
$4.00
5.014
FM-DSKMO-96
716927
49M - 14.4 BAUD MODEM
01 -SEP -00
Basic Service
09 00 00
DA
1
4.00
$4.00
5.015
FM.DSKMO-96
716829
4800. 14.4 BAUD MODEM
01 -SEP -00
Basic Service
09 00 00
DA
1
4.00
$4.00
6.000
FS-IBMOI-R7
8&10959
IBM3164-110
01 -SEP -00
Bask Service
090000
A
1
3.00
$3.00
6.001
FS-IBM01-R7
88-11322
IBM3164-110
01 -SEP -00
Basic Service
090000
A
1
3.00
$3.00
6.002
FS-IBMOI-R7
88-11811
IBM3164-110
01 -SEP -00
Basic Service
090000
A
1
3.00
$3.00
6.003
FS-IBM0I.R7
98-11820
IBM3164.110
01 -SEP -00
Basic Service
090000
A
1
3.00
83.00
6.004
FS-IBMOI-R7
88-11837
IBM3164-110
01 -SEP -00
Basic Service
090000
A
1
3.00
$3.00
6.005
FS-IBM0I-R7
8&11844
IBM 3164.110
01 -SEP -00
Basic Service
09 00 00
A
1
3.00
$3.00
6.006
FS-IBM01-R7
88-11957
IBM 3164.110
01 -SEP -00
Bask Service
09 00 00
A
1
3.00
$3.00
**** GROUP: HRDWRE
8.000
LA210-AA
LA210 LTR PTR RO USA
01 -SEP -00
Basic Service
09 00 00
33
20.00
$957.00
8.001
VT320-FA
TA94999240
MONO AMBER WPS TEXT TERM USA
01 -SEP -00
Basic Service
09 00 00
132
9.00
$1,188.00
8.002
VT340-GA
GRAPH CLR TERM 120V USA
01 -SEP -00
Basic Service
09 00 00
4
29.00
$116.00
8.005
VT340-GA
GRAPH CLR TERM 120V USA
01 -SEP -00
Basic Service
09 00 00
3
29.00
$87.00
8.006
VT420-AA
TA11626994
MONO WHITETERM USA
01 -SEP -00
Basic Service
09 00 00
1
6.00
$6.00
8.011
LG02-A2
MMOSS31
600LPM TEXT/GRAPHICS PRINTER
01 -SEP -00
Basic Service
09 00 00
1
160.00
$160.00
16.006
LA75-A2
TY011116606
LA75 SER PTR 120V
01 -SEP -00
Basic Service
09 00 00
1
12.00
$12.00
17.031
VT340-G2
TA01500187
GRAPH CLR TERM 120V/NH NO KYB
01 -SEP -00
Bask Service
09 00 00
1
29.00
$29.00
17.002
VT340-G2
TA01500097
GRAPH CLR TERM 120VfNH NO KYB
01 -SEP -00
Basic Service
09 00 00
1
29.00
829.00
17.033
VT340-G2
TA01500277
GRAPH CLR TERM 120V/NH NO KYB
01 -SEP -00
Basic Service
09 00 00
1
29.00
$29.00
17.037
VT340-G2
TA0IS00130
GRAPH CLR TERM 120V/NH NO KYB
01 -SEP -00
Basic Service
09 00 00
1
29.00
$29.00
18.005
LA210-A2
TA01014943
LA210 LTR PCR 120V
01 -SEP -00
Bask Service
09 00 00
1
29.00
$29.00
1&007
VX20A-CB
TA238DO576
VXTCTRI,VR326,THrrN
01 -SEP -00
Basic Service
09 00 00
1
10.00
$10.00
mam",
iMAN
Crenliq Federal LLC, a wholly owned subsidiary W lkgital Equiptissill COYPOsatiral UP
CU1111FAU Tandem, a Division of Cornpaq Courmiltz Corporation
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Line Item
Model No.
Ser/Sery ID
DescriptioTVLocation/Adjustrnmt
Eff Date
Service Level
M -F Sa Su
Epj
Qty I
Unit Prim
Monthly Price
18.008
VRC16-CA
2A23315671
1611 COLOR VIDEO 72HZ 1201240
01 -SEP -00
Basic Service
09 00 00
1
20.00
$20.00
18.010
VX20A-CB
TA24300723
VXTCTRL,VR326,THiTN
01 -SEP -00
Basic Service
09 00 00
1
10.00
$10.00
18.011
VRC16-CA
2A14000807
1611 COLOR VIDEO 72HZ 120/240
01 -SEP -00
Basic Service
09 00 00
1
20.00
$20.00
18.012
VX20A-CB
TA23700550
VXTCTRL,VR326,TH/TN
01 -SEP -00
Basic Service
09 00 00
1
10.00
$10.00
18.013
VRC16-CA
2AZ3315989
1611 COLOR VIDEO 72HZ 120/240
01 -SEP -00
Basic Service
09 00 00
1
20.00
$20.00
18.014
VX20A.CB
TA23900603
VXTCrRL,VR326,THrrN
01 -SEP -00
Basic Service
09 00 00
1
10.00
$10.00
18.015
VRC16-CA
2A24118075
16-1 COLOR VIDEO 72HZ 1201240
01 -SEP -00
Basic Service
09 00 00
1
20.00
$20.00
18.016
VX20A-CB
TA24000634
VXTCrRL,VR326,THrFN
01 -SEP -00
Basic Service
09 00 00
1
10.00
$10.00
18.017
VRC16-CA
2A23516949
16 -'COLOR VIDEO 72HZ 1201240
01 -SEP -00
Basic Service
09 00 00
1
20.00
$20.00
18.019
VX20A-CB
TA239005%
VXTCTRL,VR326,THrFN
01 -SEP -00
Basic Service
09 00 00
1
10.00
$10.00
19.019
VRC16-CA
2A24820524
1611 COLOR VIDEO 72HZ 120/240
01 -SEP -00
Basic Service
09 00 00
1
20.00
$20.00
18.020
VX20A-CB
TA24100664
VXTCrRL,VR326,THrrN
01 -SEP -00
Basic Service
09 00 00
1
10.00
$10.00
18.021
VRC16-CA
2A24820523
16-1 COLOR VIDEO 72HZ 1201240
01 -SEP -00
Basic Service
09 00 00
1
20.00
$20.00
18.022
VX20A-CB
TA23800593
VXTCrRL,VR326,THrrN
01 -SEP -00
Basic Service
09 00 00
1
10.00
$10.00
18.023
VRC16-CA
2A24820507
16" COLOR VIDEO 72HZ 120/240
01 -SEP -00
Basic Service
09 00 00
1
20.00
$20.00
18.024
VX20A-CB
TA23800558
VXTCTRL,VR326,THrrN
01 -SEP -00
Basic Service
09 00 00
1
10.00
$10.00
18.025
VRC16-CA
2A24820528
1611 COLOR VIDEO 72HZ 1201240
01 -SEP -00
Basic Service
09 00 00
1
20.00
$20.00
18.026
VX20A-CB
TA23900601
VXT,CTRL,VR326,TR(1'N
01 -SEP -00
Basic Service
09 00 00
1
10.00
$10.00
18.027
VRC16-CA
2A24820502
1611 COLOR VIDEO 72HZ 120/240
01 -SEP -00
Basic Service
09 00 00
1
20.00
$20.00
18.028
VX20A-CB
TA24000657
VXT,CTRL,VR326,TWrN
01 -SEP -00
Basic Service
09 00 00
1
10.00
$10.00
18.029
VRC16-CA
2A23516937
1611 COLOR VIDEO 72HZ 120/240
01 -SEP -00
Basic Service
09 00 00
1
20.00
$20.00
18.0--30
VX20A-CB
TA24102992
VXT,CTRLVR326,THfrN
01 -SEP -00
Basic Service
09 00 00
1
10.00
$10.00
18.031
VRC16-CA
2A33132999
16" COLOR VIDEO 72HZ 120/240
01 -SEP -00
Basic Service
09 00 00
1
20.00
$20.00
18.032
VX20A-CB
TA23800585
VXTCTRL,VR326,THITN
01 -SEP -00
Basic Service
09 00 00
1
10.00
$10.00
18.033
VRC16-CA
2A24619579
1611 COLOR VIDEO 72HZ 120/240
01 -SEP -00
Basic Service
09 00 00
1
20.00
$20.00
18.034
VX20A-CB
TA33805404
VXTCFRL,VR326,TRrrN
01 -SEP -00
Basic Service
09 00 00
1
10.00
$10.00
18.035
VRT19-HA
IS23140613
19-1 C Monitor 72166HZ 120/240
01 -SEP -00
Basic Service
09 00 00
1
24.00
$24.00
18.036
VX20A-CB
TA33805365
VXTCTRL,VR326,THrrN
01 -SEP -00
Basic Service
09 00 00
1
10.00
$10.00
18.037
VRC16-CA
2433031218
1611 COLOR VIDEO 72HZ 120/240
01 -SEP -00
Basic Service
09 00 00
1
20.00
$20.00
18.038
VX20A-CB
TA33805359
VXT,CrRIVR326,THfrN
01 -SEP -00
Basic Service
09 00 00
1
10.00
$10.00
18.039
VRT19-HA
IS22126976
1911 C Monitor 72/66HZ 120/240
01 -SEP -00
Basic Service
09 00 00
1
24.00
$24.00
18.040
VX20A-CB
TA34807303
VXT,CTRL,VR326,THiTN
01 -SEP -00
Basic Service
09 00 00
1
10.00
$10.00
18.041
VRT19-HA
IS20204524
1911 C Monitor 72J66HZ 120/240
01 -SEP -00
Basic Service
09 00 00
1
24.00
$24.00
18.042
VX20A-CB
TA33805346
VXTCTRL,VR326,THrrN
01 -SEP -00
Basic Service
09 00 00
1
10.00
$10.00
18.043
VRT19-HA
IS33984562
19-1 C Monitor 72166HZ 1201240
01 -SEP -00
Basic Service
09 00 00
1
24.00
$24.00
18.044
VX20A-CB
TA34807323
VXTCTRL,VR326,THMN
01 -SEP -00
Basic Service
09 00 00
1
10.00
$10.00
18.045
VRT19-HA
IS21919336
191, C Monitor 72166HZ 120/240
01 -SEP -00
Basic Service
09 00 00
1
24.00
$24.00
18.046
VX20A-CB
TA33604950
VXT,CTRLVR326,THrrN
01 -SEP -00
Basic Service
09 00 00
1
10.00
$10.00
18.047
VRT19-HA
IS14700531
191- C Monitor 72/66HZ 120/240
01 -SEP -00
Basic Service
09 00 00
1
24.00
$24.00
18.048
VX20A-CB
TA33805391
VXTCTRLVR326,THfrN
01 -SEP -00
Basic Service
09 00 00
1
10.00
$10.00
18.049
VRC16-CA
16" COLOR VIDEO 72HZ 1201240
01 -SEP -00
Basic Service
09 00 00
1
20.00
$20.00
18.050
VX20A-CB
TA32603510
VXTCrRL,VR326,THt1'N
01 -SEP -00
Basic Service
09 00 00
1
10.00
$10.00
18.051
VRT19-HA
IS21920327
1911 C Monitor 72166HZ 120/240
01 -SEP -00
Basic Service
09 00 00
1
24.00
$24.00
18.052
VX20A.CB
TA33905357
VXTCFRL,VR326,THfrN
01 -SEP -00
Basic Service
09 00 00
I
10.00
$10-00
18.053
VRC16-CA
IS21617027
16" COLOR VIDEO 72HZ 120/240
01 -SEP -00
Basic Service
09 00 00
1
20.00
$20.00
18.054
VX20A-CB
TA33805341
VXTCrRLVR326,TRITN
01 -SEP -00
Basic Service
09 00 00
1
10.00
$10.00
18.055
VRC16-CA
2A40552741
16-1 COLOR VIDEO 72HZ 120/240
01 -SEP -00
Basic Service
09 00 00
1
20.00
$20.00
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Line Item
Model No.
Ser/Sery ID
Description/Location/Adjustment
Elf Date
Service Level
M -F Sa Su
IR Exrnpi
Qty
Unit Prim
Monday Price
18.056
VX20A-CB
TA33805351
VXTCTRIVR326,TWrN
01 -SEP -00
Basic Service
09 00 00
1
10.00
$10.00
18.057
VRC16-CA
2A3200336
1611 COLOR VIDEO 72HZ 120/240
01 -SEP -00
Basic Service
09 00 00
1
20.00
$20.00
18.058
VX20A.CB
TA33604932
VXTCTRLVR326,THnN
01 -SEP -00
Basic Service
09 00 00
1
10.00
$10.00
18.059
VRC16-CA
IS20600449
1611 COLOR VIDEO 72HZ 120f240
01 -SEP -00
Bade Service
09 00 00
1
20.00
$20.00
19.060
VX20A-CB
TA33805339
VXTCTRL,VR326jH/TN
01 -SEP -00
Basic Service
09 00 00
1
10.00
$10.00
18.061
VRC16-CA
2A31108712
1611 COLOR VIDEO 72HZ 120/240
01 -SEP -00
Basic Service
09 00 00
1
20.00
$20.00
18.062
VX20A-CB
TA33805M
VXTCFRLVR326,THITN
01 -SEP -00
Basic Service
09 00 00
1
10.00
$10.00
18.063
VRC16-CA
2A30503262
1611 COLOR VIDEO 72HZ 1201240
01 -SEP -00
Bask Service
09 00 00
1
20.00
$20.00
19.064
VX20A-CB
TA33805335
VXTCTR1,VR326,THTN
01 -SEP -00
Bade Service
09 00 00
1
10.00
$10.00
18.065
VRC16-CA
2A32830340
1611 COLOR VIDEO 72HZ 1201240
01 -SEP -00
Basic Service
09 00 00
1
20.00
$20.00
19.066
VX20A-CB
TA50613789
VXTCFRL,VR326,THITN
01 -SEP -00
Basic Service
09 00 00
1
10.00
$10.00
18.067
VRC16-CA
2A33031138
1611 COLOR VIDEO 72HZ 120/240
01 -SEP -00
Basic Service
09 00 00
1
20.00
$20.00
18.068
VX20A.CB
TA33805354
VXTCTRl,VR326,TH/TN
01 -SEP -00
Basic Service
09 00 00
1
10.00
$10.00
18.069
VRC16-CA
2A41802447
1611 COLOR VIDEO 72HZ 120/240
01 -SEP -00
Basic Service
09 00 00
1
20.00
$20.00
18.070
VX20A-CB
TA34SM14
VXT,CTRL,VR326,THITN
01 -SEP -00
Basic Service
09 00 00
1
10.00
$10.00
18.071
VRC16-CA
2A32830031
1611 COLOR VIDEO 72HZ 1201240
01 -SEP -00
Basic Service
09 00 00
1
20.00
$20.00
18.072
VX20A-CB
TA239000602
VXTCTR4VR326,TWrN
01 -SEP -00
Basic Service
09 00 00
1
10.00
$10.00
19.073
VRC16-CA
2A24218748
1611 COLOR VIDEO 72HZ 120(240
01 -SEP -00
Basic Service
09 00 00
1
20.00
$20.00
18.074
VX20A-CB
TA23800595
VXTCrRIVR326,THrrN
01 -SEP -00
Basic Service
09 00 00
1
10.00
$10.00
18.075
VRC16-CA
2A24820530
1611 COLOR VIDEO 72HZ 120/240
01 -SEP -00
Basic Service
09 00 00
1
20.00
$20.00
18.076
VX20A-CB
TA23SN593
VXTCTRLVR32rjjWrN
01 -SEP -00
Basic Service
09 00 00
1
10.00
$10.00
18.077
VRC16-CA
2A24619577
W COLOR VIDEO 72HZ 120/240
01 -SEP -00
Basic Service
09 00 00
1
20.00
$20.00
**** GROUP: HRDWRE ****
19.009
DMHUB-AA
MuldSwitch 900,US/JA
01 -SEP -00
DECService
24 24 24
R
1
41.47
$41.47
19.2000
WA-RCALL-A)
RECOVER -ALL SERVICE
01 -SEP -00
Recover -All
24 24 24
UDAP
$3.60
20.009
DMHUB-AA
Mult[Switch 900,US/JA
01 -SEP -00
DECService
24 24 24
R
1
41.47
541.47
20.2000
WA-RCALL-AA
RECOVER -ALL SERVICE
01 -SEP -00
Recover -All
24 24 24
UDAP
$3.60
22.000
SEAVB-DA
InfoServer 1000, Thinvrire
01 -SEP -00
Basic Service
09 00 00
1
66.00
$66.00
22.002
DSRVZ-MA
*DECserver 900-04
01 -SEP -00
Basic Service
09 00 00
1
65.00
$65.00
22.003
DSRVZ.MA
*DECarver 900-04
01 -SEP -00
Basic Service
09 00 00
1
65.00
$65.00
23.001
VX259-DA
VXT+,19"COLR,USSTD,TH/TN
01 -SEP -00
Basic Service
09 00 00
1
41.00
$41.00
23.002
LN09-CA
Spims Laser Ptr, US/CAN Model
01 -SEP -00
Basic Service
09 00 00
1
20.00
$20.00
24.000
FR-743AA-WF
433dxLPY+,S3805,340MB IDE,8MB
01 -SEP -00
Bade Service
09 00 00
25
14.00
$350.00
24.001
FR-PCXBV-PE
14"mergy star NILENHlg
01 -SEP -00
Basic Service
09 00 00
25
4.00
$100.00
24.003
DETMM-MA
DECrepester 900TKDocsNo Pw
01 -SEP -00
Basic Service
09 00 00
2
18.00
$36.00
24.004
DECXM-AA
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01 -SEP -00
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09 00 00
1
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32.000
FR.B50WW.AC
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Digital Sw 5100 RAID System
01 -SEP -00
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32.001
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32.002
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01 -SEP -00
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54.00
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32.2000
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01 -SEP -00
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$17.85
33.000
FR-R2B3W.XD
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01 -SEP -00
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09 00 00
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01 -SEP -00
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09 00 00
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01-NOV-00
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30.000
BA356-KC
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01 -SEP -00
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24 24 24
1
25.74
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30.002
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01 -SEP -00
DECService
24 24 24
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28.60
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30.003
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End for 4SBB/ICDStck.120V
01 -SEP -00
DECService
24 24 24
1
0.00
$0.00
30.005
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01 -SEP -00
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24 24 24
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30.006
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01 -SEP -00
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30.03
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01 -SEP -00
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30.009
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01-NOV-00
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01-NOV-00
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24 24 24
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$45.60
**** GROUP: COMIPQH ****
Following located at: 321JOHN SARTAIN
For service call: 800-354-9000
* 43.000
FS-CPQ05.WF
COMPAQ INWAR SPL MOBILE SY
01 -MAR -01
NBD CPQ HW SVC
09 00 00
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200
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WTY EXPIRES IV1102
* 43.2000
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RECOVER -ALL SERVICE
01 -MAR -01
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$900.00
_i -g eir;b i an SERVICE AGREEMENT PA6E 7 UP 7
mplal 4of& capont
CtPE. W nan
COMPAQ Tmdan, a Canpaq
Line Item I Model No. I Ser/Sery M Description4=atimVAdjustrnent Eff DateService 2S&S.NExrnpj Qty I Unit Price I Monthly Price
BY EXECUTING THIS SERVICE
AGREEMENT,ELIGIBLE PURCHASER
(CUSTOMER)AGREES TO THE
TERMS CONTAINED IN ADDENDUM A
OF THIS SERVICE AGREEMENT.
This agreement was Prim Protected
$8.00 based an a maximum
agreement increase of 0.00%.
*** UNADJUSTED MONTHLY CHARGE
Exempt from UPLIFT' S.
Exempt from DISCOUNT $:
Exempt from ALLOWANCE %
8.00% SITE DOLLAR VOL DISCOUNT -K"
3.00% CORPORATE VOL DISCOUNT-K(VG
8.00% MULTI-YEAR DISCOUNT-KfYD
43.00% ALLOWANCFJXA
*** ADJUSTED MONTHLY CHARGE
*** PREVIOUS MONTHLY CHARGE
*** INCREASE In Monthly Charge
A prorated Prepayment Discount will be applied to
the net charge or eligible added line Items at the time
of Invoking.
01 -SEP -00
Grass,
Admin CC.,
Dbaniaa0i L _:Aa;
$62437-
$234.12.
$62437-
$2,771.07-
$4,710.37
$3,810.37
$900-00
10
CITY COUNCIL
AGENDA MEMORANDUM
Date: February_ 26, 2001
AGENDA ITEM: Appropriating $35,822.41 fi.om the State of Texas in the NO. 6010 Trust Fund
- Law Enforcement Officer Standards and Education for training of police personnd. Amending the
FY 00-01 budget adopted by ordinance NO. 024130 by adding $35,822.41 to the NO. 6010 Trust
Fund - Law Enforcement Officer Standards and Education; and declaring an emergency.
ISSUE:. Based on the Government Code, Section 415.0845, the State of Texas provides an annual
allocation for training of police personnel. The funds must be appropriated annually when the check
is received.
BACKGROUND INFORMATION: The funds are received from the State as directed by
Government Code, Section 415.0845 (see attached letter and government code) to make an annual
allocation fi.om the Law Enforcement Officer Standards and Education account to qualified law
enforcement agencies for expenses related to the continuing education of full-time law enforcement
officers and support personnel. The amount of funds received depends on the number &personnel
we have as of January 1 of each year.
REQUIRED COUNCIL ACTION: Appropriation of funds.
RECOMMENDATION: Staff recommends appropriation of funds.
ADDITIONAL SUPPORT MATERIA I,
1) Letter fi.om the State of Texas Comptroller of Public Accounts
2) Government Code, Section415.0845
Sec. 415.0845. Money Allocated and Used for Continuing Education.
(a) Not later than March 1 of each calendar year, the comptroller shall allocate money deposited
during the preceding calendar year in the general revenue fund to the credit of the law erfforcement
officer standards and education account for expenses related to the continuing education of persons
licensed under this chapter as follows:
(1) 20 percent of the money is allocated to all local law enforcement agencies in the
state in equal shares; and
(2) 80 percent of the money is allocated to all local law enforcement agencies in the
state in a share representing a fixed amount for each position in the agency, as of January 1 of the
preceding calendar year, that is reserved to a person who:
(A) is licensed under this chapter;
(B) works as a peace officer on the average of at least 32 hours a week; and
(C) is compensated by a political subdivision of the state at the rate of the
minimum wage or higher and is entitled to all employee benefits offered to a peace officer by
the political subdivision.
(b) Not later than November 1 of each calendar year, each local law enforcement agency shall
report to the comptroller the number of positions in the agency as of January 1 of that year described
by Subsection (a)(2).
(c) The head of a law enforcement agency shall maintain a complete and detailed written record
of all money received and expended by the agency under this section. All money received under this
section is subject to audit by the comptroller. All money spent under this section is subject to audit
by the state auditor.
(d) A local law enforcement agency shall use money received under Subsection (a) only as
necessary to ensure the continuing education of persons licensed under this chapter or to provide
necessary training, as determined by the agency head, to full-time fully paid law enforcement support
personnel in the agency.
(e) A local law enforcement agency may not use money received under Subsection (a) to
replace funds that are provided to the agency by the county or municipality having jurisdiction over
the agency on a recurring basis for training law enforcement officers and support personnel.
Added by Acts 1995, 74th Leg., ch. 585, Sec. 5, eft Sept. 1, 1995. Amended by Acts 1997, 75th
Leg., ch. 915, Sec. 1, ere June 18, 1997.
TEXAS COMPTROLLER OF PUBLIC ACCOUNTS
AUSTIN, TEXAS 78774-0100
FeDruary 23, 2001
CITY OF CORPUS CHRISTI POLICE DEPARTMENT
PO BOX 9016
CORPUS CHRISTI TX 78469-0000
Vendor number: 17460005741-051
Enclosed is your annual allocation payment from the Law Enforcement Officer
Standards and Education (LEOSE) account in the amount of $ 35,822.41.
This payment must be used as necessary to ensure the continuing education of
persons licensed under Chapter 1701, Occupations Code, or to provide necessary
training, as determined by the agency head, to full-time, fully paid law
enforcement support personnel in your agency.
Your agency must maintain a complete and detailed record of all money received
and spent. All money received is subject to audit by the Comptroller of Public
Accounts and all money spent is subject to audit by the State Auditor.
The Comptroller is directed by the Occupations Code, Section 1701.157 to make an
annual allocation from the LEOSE account to qualified law enforcement agencies
for expenses related to the continuing education of persons licensed under
Chapter 1701, Occupations Code. Of the account, 20 percent is allocated equally
among the qualified agencies. The remaining 80 percent is allocated on the
basis of the number of eligible law enforcement positions each agency had as of
January 1 of the preceding calendar year.
An eligible law enforcement position is defined as one held by a person
licensed under Chapter 1701, Occupations Code, who works as a peace officer or
licensed jailer on the average of at least 32 hours a week, is compensated by
a political subdivision of the state at the minimum wage rate or higher, and
is entitled to all employee benefits offered to a peace officer.
To receive your agency's share of the LEOSE account in 2oo2, you must complete
and return the enclosed Law Enforcement Officer Standards and Education
Account 2002 Allocation Basis form to us no later than April 06, 2001.
The information provided on this form must be accurate and returned timely to
our office to ensure the correct allocation of the LEOSE account.
Please call us toll free at 1-800-531-5441, extension 3-4530, if you have any
questions or if we can be of assistance. The Austin number is 512/463-4530.
(From a ~commun~at~ns Devoe ~r the Deaf ~DD ) ON£ Y call 1-800-248-4099 ton free,
Re Austin TDD number ~ 512~65~621. )
Enclosures
TREASURY WARRANT NO.
TO THE
ORDER
OF
Ih,,Ih,h,h,hlh,h h,hh,lh,,,,,Ihlh,,,,Ihlh,,,Ihl
CITY OF CORPUS CHRISTI POLICE DEPARTMENT
PO BOX 9016
CORPUS CHRISTI, TX 78469-9016
VOID AFTER
08/31/2003
THE STATE OF TEXAS PAYMENT INFORMATION
INVOICE NO. INV. DATE INVOICE DESCRIPTION DOC. NO. INVOICE AMOUNT
PEACE OFF ALL
PEACE OFFICER ALLOC
FOR ADDITIONAL INFORMATION ON NON-CONFIDENTIAL PAYMENTS
VISIT; HHH. HINDOH. STATE. TX. US/COMPTROL/SAN/PAYMENT/PAYTOC. HTML
OR CALL THE COMPTROLLER'S AUTOMATED PAYMENT INQUIRY SYSTEM
TOLL FREE 1-877-309-5775 OR Ill AUSTIN, TX 1-512-475-4869
IDENTIFICATION NO: 17460005741 MAIL CODE: 051
PAYEE NAME: CITY OF CORPUS CHRISTI POLICE DEPARTNENT
PAYING AGENCY: COMPTROLLER - FTSCAL
PAYING AGENCY PHONE NO: SlZ-463-~+.R6! pAyTNO AGENCY NO:
NARRANT NO: 16287018[ ISSUE DATE: 0Z/II/Z001 HARRANT TOTAL:
No. 162870181 -- NOT NEGOTIABLE --
ORDINANCE
APPROPRIATING $35,822.41 FROM THE STATE OF TEXAS IN THE NO.
6010 TRUST FUND - LAW ENFORCEMENT OFFICER STANDARDS AND
EDUCATION FOR TRAINING OF POLICE PERSONNEL; AMENDING
THE FY 00~01 BUDGET ADOPTED BY ORDINANCE NO. 024130 BY
ADDING $35,822.41 TO THE NO. 6010 TRUST FUND-LAW
ENFORCEMENT OFFICER STANDARDS AND EDUCATION; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $35,822.41 is appropriated from the State of Texas in the No. 6010 Trust Fund-
Law Enforcement Officer Standards and Education for training of police officers.
SECTION 2. The FY 00-01 budget adopted by Ordinance No. 024130 is amended by adding
$35,822.41 to the No. 6010 Trust Fund-Law Enforcement Officer Standards and Education.
SECTION 3. 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 ,2001.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
Samuel L. Neal, Jr., Mayor
LEGAL FORM APPROVED ~c-~'*'~'~ 3-g, 2001; JAMES R. BRAY, JR., CITY ATTORNEY
Lisa Agmlar, Assistant C~ty Attorney
11
CITY COUNCIL
AGENDA MEMORANDUM
Date: March 13, 2001
AGENDA ITEM: Resolution authorizing the City Manager, or his designee, to execute an
amendment to the Interlocal Agreement with the Coastal Bend Council of Governments that is
funding the purchase of a Mobile Water Injection System (Water Truck) for the City's composting
operations.
ISSUE: Amend the Interlocal Agreement to extend the length of the term for the Water Injection
System identified to be purchased and used at the J. C. Elliott Landfill.
BACKGROUND: Council approved the original Interlocal Agreement (Resolution 02403) on
May 9, 2000. The City was unable to contract for the purchase of the Mobile Injection System
(Water Truck) within the time frame specified in the initial time period allowed in the Interlocal
Agreement.
A request was submitted to the Coastal Bend Council of Governments (CBCOG) on February 26,
2001 to extend the contract date of the agreement. On February 26, 2001, CBCOG approved the
request for the extension of time.
REQUIRED COUNCIL ACTION: In accordance with the Interlocal Agreement, Article
13, paragraph (a) (2) and (b) which states "Implementation of a Major Change must be preceded by
a formal written amendment to the Agreement."
RECOMMENDATION: City staffrecommends the City Council approve amendment of
the Interlocal Agreement with the Coastal Bend Council 0f/G/~fxTmments.
~r~fawrence Mikolq~k
Interim Director Solid Waste Services
Coastal Bend
Council
COMMISSIONER OSCAR ORTIZ
chairman
of Governments
February 26, 2001
Lawrence Mikolajczyk, Interim Director
City of Corpus Christi, Solid Waste Services
P.O. Box 9277
Corpus Christi, TX 78469
RE: 00-20-G12/Contract Extension and Water Injection System
Specifications
Dear Mr. Mikolajczyk:
I have received your letter detailing the specification for your water injection system and
requesting that your contract be extended to May l, 2001. I hear by give the City of
Corpus Christi authorization to extend the 00-20-G12 contract date and utilize funds to
purchase the water injection system specified in the letter.
The CBCOG's grant to the City of Corpus Christi is for $32,226.00 and any cost incurred
over this amount will not be reimbursed by the CBCOG. As soon as a cost is incurred
send your reimbursement request accompanied by proper documentation.
Enclosed are the amended contract pages, they should be inserted into you contract for
your files. If you have any further questions, please call me.
Sincerely,
Veronica Gonzalez, Environmental Coordinator
cc. John Buckner, Executive Director, CBCOG
enclosures
LOCATION: 2910 LEOPARD STREET
MAILING ADDRESS: P.O. BOX 9909
PHONE: (361) 883-5743
CORPUS CHRISTI, TEXAS 78469
Coastal Bend Council of Governments
Solid Waste Grant lnterlocal Agreement
Special Contract Provisions
Attachment B
Article l Period of Performance
The period of performance of this agreement begins on F-~ and ends on May 1.
2001.
Article 2 Scope of Services
(a) All parties agree that the SUBCONTRACTOR, in consideration of compensation described
in this Attachment and SUBCONTRACTOR Budget and Authorizations (Attachment E of this
Agreement), shall provide the services with COG as specifically described in the Work Program
of SUBCONTRACTOR (Attachment C of this Agreement) and Schedule of Deliverables from
SUBCONTRACTOR (Attachment D of this Agreement).
(b) The SUBCONTRACTOR agrees to implement the Project according to the agreed upon
budget shown in Attachment E of this agreement.
Article 3 COG Obligations
(a) Measure of Liability
In consideration of full and satisfactory performance hereunder, COG will be liable to
SUBCONTRACTOR in an amount equal to the actual costs incurred by SUBCONTRACTOR in
rendering such performance, subject to the following limitations:
1. COG is not liable for expenditures made in violation of "General Provisions for Texas
Natural Resource Conservation Commission's Standards Applicable to Implementation
Projects and Supplemental Funding Standards",as described in Articles 8 and 9 of this
Agreement, which outline prohibited activities as defined by the Texas Natural Resource
Conservation Commission (TNRCC).
2. COG is not liable for any costs incurred by SUBCONTRACTOR in the performance
of this agreement which have not been billed to COG within thirty (30) days following
termination of this agreement.
3. COG is not liable to SUBCONTRACTOR for costs incurred or performance rendered
by SUBCONTRACTOR for costs incurred by SUBCONTRACTOR before
commencement of this agreement or after termination of this agreement.
4. Except as specifically authorized by COG in writing, COG is liable only for
expenditures made in compliance with the cost principles and administrative
requirements set forth in Federal OMB Circular A-87.
Coastal Bend Council of Governments B-1
Coastal Bend Council of Governments
Solid Waste Grant lnterlocal Agreement
Work Program of SUBCONTRACTOR
Attachment C
Goal: The City of Corpus Christi will purchase a mobile water injection system for the maintenance and
development of"hot composting" windrows in their brush grinding/composting operation at the landfill..
Objective 1: Purchase and install water injection system.
Task la: Prepare bid specifications and advertise bid.
Time Frame: March 2001
Task 1 b: Award contract
Time Frame: April 2001
Task 1 c: Accept delivery of complete system.
Time Frame: April 2001
Objective 2: Operate Scarab with newly installed water injection system.
Task 2a: Test and operate water injection system in composting program.
Time Frame: April 2001
Task 2b: Begin using system in composting area.
Time Frame: April 2001
Objective 3: Report progress of the work program task and measure program effectiveness.
Task 3a: Submit to the CBCOG bimonthly progress reports documenting the progress of
each task and reporting program statistics, including:
1. Amount (in tons) of brush and yard waste diverted.
2. Average monthly diversion amount (in tons).
3. Number of months material collected,
4. Amount of individuals served.
5. Total revenue from sale of material.
6. Average monthly disposal cost avoided.
Time Frame: Bimonthly progress reports: May 7, 2000; July 7, 2000; September 7, 2000;
November 7, 2000; January 7, 2001; March 7, 2001; May 7, 2001 Collection of
program statistics ongoing.
Coastal Bend Council of Governments C-l
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE
AN AMENDMENT TO THE INTERLOCAL AGREEMENT WITH THE
COASTAL BEND COUNCIL OF GOVERNMENTS THAT IS FUNDING THE
PURCHASE OF A MOBILE WATER INJECTIOH SYSTEM (WATER
TRUCK) FOR THE CITY'S COMPOSTING OPERATION.
WHEREAS, the City of Corpus Christi ("City") has entered into an interlocal agreement
with the Coastal Bend Council of Governments ("CBCOG") to fund the purchase of a
mobile water injection system ("water truck") for the City's composting operation; and
WHEREAS, the City has encountered problems that prevented the City from contracting
for the purchase of the water truck within the time period allowed in the interlocal
agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the City Manager, or his designee, is hereby authorized to execute
an amendment extending the term of the interlocal agreement with the Coastal Bend
Council of Governments that funds the purchase a mobile water injection system (water
truck) for the City's composting operation.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: 8th day of March, 2001.
James R. Bray Jr., City Attorney
. R. ~'y,I;(eining
First Assistant City Attorney
Samuel L. Neal, Jr.
Mayor
R13315A1 wpd
12
AGENDA MEMORANDUM
March 6, 2001
Agenda Item:
Motion authorizing the City Manager, or his designee, to rebate excess arbitrage interest eamings to
the U. S. Treasury on the Combination Tax and Solid Waste Revenue Certificates of Obligation,
Series 1995; and the General Improvement Bonds, Series 1995-B.
Issue:
Arbitrage interest eamings result from excess eamed from investing Iow-yielding tax-exempt bond
proceeds in higher-yielding taxable securities until the funds are fully expended. The Tax Reform Act
of 1986, Section 148(F) of the I ntemal Revenue Code, requires rebate of arbitrage earnings on each
bond issue's five-year anniversary date. To maintain the City's tax-exempt status, the City must
comply with all U.S. Treasury regulations·
Funding Source:
The City must rebate $40,040.19 on the Combination Tax and Solid Waste Revenue Certificates of
Obligation, Series 1995, and $33,248.55 on the General Improvement Bonds, Sedes 1995-B. Both
bond issues have reached their five-year anniversary date and require the rebate payments to the
U.S. Treasury on or before March 19, 2001.
Prior Council Actions:
Due to the complex nature of arbitrage/rebate regulations issued by the U.S. Treasury, the City
contracted with First Southwest to perform arbitrage/rebate calculations. The City currently has 27
bond issues requiring calculations.
Required Council Action:
City Council approval is required for payments exceeding $15,000.
Recommendation:
Staff recommends that Council authorize the City Manager, or his designee, to rebate excess
arbitrage interest earnings to the U. S. Treasury on the Combination Tax and Solid Waste Revenue
Certificates of Obligation, Sedes 1995 and the General Improvement Bonds, Sedes 1995-B.
Financial Services
Attachment A - Background Information
Attachment B - First Southwest Asset Management Letter
H:lFin-DidShared/AgendallRS Rebate 1995.doc
BACKGROUND INFORMATION
Section 148(F) of the Internal Revenue Code, as amended by the Tax Reform Act of 1986, requires
that arbitrage interest earnings be rebated to the U. S. Treasury on the five-year anniversary dates
of bond issues.
Arbitrage interest calculations must be performed on any bond funds still being invested until fully
spent. Arbitrage interest eamings result when tax-exempt bond proceeds are invested at higher
rates than the City's cost of the bonds. The U. S. Treasury requires payment on excess arbitrage
interest earnings on each five-year anniversary date.
As contracted by the City, First Southwest Asset Management Company performs arbitrage/rebate
calculations annually. Arbitrage/rebate calculations are complex and the regulations continue to be
periodically modified by the U.S. Treasury.
The City sets aside funds from excess interest earnings annually to pay the U.S. Treasury for
rebates on each five-year anniversary date of each bond issue. On or before March 19, 2001, the
City must rebate to the U. S. Treasury $40,040.19 on the Combination Tax and Solid Waste
Revenue Certificates of Obligation, Series 1995, and $33,248.55 on the General Improvement
Bonds, Series 1995-B. Timely payment must be made to comply with the U.S. Treasury regulation
regarding rebate payments to maintain the City's tax-exempt status.
H:lFin-DirlSharedlAgendallRS Rebate 1995.doc
Randee R. Wilson, CPA
Senior Vwe prestdent
HRST SOUTHWEST ASSET MANAGEMENT, INC.
Ms. Dorothea Montoya
City Treasurer
City of Corpus Christi, Texas
Department of Finance
P.O. Box 9277
Corpus Christi, TX 78469-
February 26, 2001
$ 11,035,000
City of Corpus Christi, Texas
Combination Tax and Solid Waste Revenue
Certificates of Obligation, Series 1995
Dear Dorothea:
Enclosed are three copies of the arbitrage rebate report for the above-captioned bond issue for the
installment period ending Janumy 16, 2001. One copy of the report should be sent cerdfied mail to the
Internal Revenue Service no later than Monday, March 19, 2001. The package to the IRS should include
the following:
* Checkinthe amountof$40,040.19,
* Transmittal Letter (draft enclosed),
* Signed Form 8038-T (enclosed), and
* Copy of First Southwest rebate report.
The form 8038-T must be signed by an authorized representative of the Issuer (the individual who
normally signs IRS Fonn 8038-G for new bond issues). Please send us a copy of the signed Form 8038-T
for our records. If you have any questions, please do not hesitate to contact me at 1-800-678-3792 or
directly at (214) 9534061.
Sincerely,
Randee Wilson
62129-Cover_30-5-003 1022
1700 Pactfic Avenue · Suite 1300 · Dallas, Fexas 75201 · 214-953-4061 · 1-800-678-3792 · Fax 214-953-41 l I
FIRST SOUTHWEST ASSET MANAGEMENT, INC,
Randee R. Wilson, CPA
Ms. Dorothea Montoya
City Treasurer
City of Corpus Christi, Texas
Department of Finance
P.O. Box 9277
Corpus Christi, TX 78469-
February 26, 2001
$ 9,385,000
City of Corpus Christi, Texas
General Improvement Bonds, Series 1995-B
Dear Dorothea:
Enclosed are three copies of the arbitrage rebate report for the above-captioned bond issue for the
installment period ending Janua]y 16, 2001. One copy of the report should be sent certified mail to the
Internal Revenue Service no later than Monday, March 19, 2001. The package to the IRS should include
the following:
* Checkinthe amountof$33,248.55,
* Transmittal Letter (draft enclosed),
* Signed Form 8038-T (enclosed), and
* Copy of First Southwest rebate report.
The form 8038-T must be signed by an authorized representative of the Issuer (the individual who
normally signs IRS Form 8038-G for new bond issues). Please send us a copy of the signed Form 8038-T
for our records. If you have any questions, please do not hesitate to contact me at 1-800-678-3792 or
directly at (214) 953-4061.
Sincerely,
Randee Wilson
1700 PacificAvenue · Suite 1300 · Da/lin, Fexas 75201 · 214-953-4061 · 1-800o678-3792 · tax 214-95.3-4111
13
AGENDA MEMORANDUM
DATE: March 6, 2001
SUBJECT: Solid Waste and Landfill Business Plans, Landfill Contractor Procurement,
Automated Collection and Recycling Procurement
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to execute a contract in the amount
of $174,550 with Gershman, Bdckner & Bratton, Inc. for Solid Waste Consulting Services
to Develop Solid Waste and Landfill Business Plans, Landfill Contractor Procurement,
Automated Collection and Recycling Procurement.
ISSUE: Competition and financial constraints require the City explore alternatives to the
current Landfill, Collections, and Recycling operating methods.
FUNDING: Funds for this contract are available in the operating budget of the Solid
Waste Services Department.
RECOMMENDATION:
Director of Solid Waste Services
Approval of the motion as presented.
(¢/2~Angel R. Escobar, P. E.
Director of Engineering Services
Attachments:
Exhibit A - Additional information
Exhibit B - Contract Summary
ADDITIONAL INFORMATION
BACKGROUND: The opening of a new landfill has resulted in the loss of landfill revenue
which impacts the General Fund. The future construction of the Cefe V. Valenzuela
Landfill creates further complexity concerning future solid waste services for the City. The
movement by the City to automate collections and to modify recycling operations require
a comprehensive approach to future City Solid Waste Services.
The complexity of landfills has been increasing due to the myriad of regulations adopted
to ensure the proper disposal of solid wastes. These regulations have increased the cost
of landfill construction and operations. Competition by private landfill operators require the
City develop a pre-active business approach to its solid waste operations.
PRIOR COUNCIL ACTION:
~ - Ordinance to authorize the City Manager, or his designee, to negotiate
disposal contracts.
CONSULTANT: Gershman, Brickner & Bratton, Inc., has provided consulting services for
numerous other municipal clients across the country.
CONTRACT: The contract provides for the development of business plans, landfill
contractor procurement assistance, automated collection and recycling procurement. A
complete list of services is provided in the Contract Summary. See Exhibit B.
IMPLEMENTATION SCHEDULE: The implementation schedule provides for all services
to be complete in approximately 270 days excluding the time required for selection and
award of the landfill operator contract.
RECOMMENDATION: Approval of the motion as presented.
H:\HOME\KEVINS\GEN~SOLIDWST~REENGINE\^AWDBKG.EXA
Exhibit A
Page 1 of 1
II.
CONTRACT SUMMARY
SERVICES TO BE PERFORMED
The Consultant will provide certain ongoing assistance as directed by the City Manager, or
his designee, to ensure the timely, smooth transition to new services in efforts to modernize
and lower its overall solid waste services costs. These services specifically relate to
planning and implementing a business plan and changes to its solid wastes collection,
recycling and disposal operations. The following tasks will be completed by the Consultant,
which may be modified as the implementation process proceeds:
SCOPE OF SERVICES
The Consultant will assist in the procurement a contractor to construct, operate and
manage the Cefe V. Valenzuela Landfill and to operate the J. C. Elliott Landfill, review the
City's current and anticipated landfill costs, utilize cost data to develop a Landfills Business
Plan, prepare a Landfill Business Plan for each City Landfill and advise City staff with
guidance in the development of a Solid Waste Business Plan.
Landfills Business Plan/Solid Waste Business Plan
Consultant will assist the City in the preparation of a "Landfills Business Plan" as part of the
landfill contractor procurement for its two landfills and its overall landfill development and
operations program. The plan will be developed in substantial form prior to selection of
contractor(s) for its two landfills and refined and finalized once the contractor(s) is (are)
selected.
Landfill Contractor Procurement
Specific services to be completed by the Consultant will include:
1. organizing and conducting a procurement planning workshop with the City to review
procurement issues, RFP needs, options to consider, contract terms, desired ropes
and responsibilities, and approaches taken by other communities;
2. procurement planning to define RFP content, team roles and responsibilities,
procurement schedule, proposal evaluation criteria, and other needs following the
procurement planning workshop;
3. drafting the RFP with certain input from the City Solid Waste Service Department,
Law Department, Purchasing Department, and Public Information Office, and
certain other City advisors such as the City's landfill engineering consultant(s);
4. review and comment on up to three (3) draft construction and operating contracts;
5. coordinating issuance of the RFP by the City following drafting and internal review
and approval of the document, including the draft contract(s) and all schedules,
Proposal forms, and appendices;
6. organizing and attending a proposers' conference and site tour in the City to assist
in answering questions of prospective proposers and clarifying RFP content and
requirements;
7. responding in writing to comments and questions raised by prospective proposers
after the RFP is issued, but before proposals are received, and preparing any
addenda or supplements to the RFP in response to questions and/or to address
procurement issues and clarification needs that may have been identified
subsequent to the issuance of the RFP;
8. reviewing proposals as an integral member of the City's evaluation team and
preparing review comments/evaluation forms and questions and clarification needs
regarding each proposal;
Exhibit B
Page 1 of 2
reviewing responses to questions and clarification from proposers and attending
interviews with proposers as part of the evaluation process;
organizing and attending two intemal meetings with the evaluation team as part of
the evaluation process;
assisting in final selection of a contractor and in the preparation of an evaluation
report or analysis supporting the selection, with input of evaluation team members;
visiting and assessing facilities owned/operated by prospective proposers;
assisting in negotiations of a final contract and business arrangement with the
selected proposer's (four 8-hour negotiations sessions assumed); and
providing briefing(s) to City Council to explain the procurement process and/or the
basis of selection (two briefings assumed).
Automated Collection and Recycling Services Procurement Planning
Consultant will assist the City in planning for implementation of an automated waste
collection system and procurement planning for curbside recyclables collection and
recyclables processing services. The Consultant services will include:
assistance in reviewing the City's bid specifications and providing general planning
guidance for further development and implementation of an automated collection
system;
procurement planning with the City in its recyclables collection and processing
procurement to help define the RFP content, contractor responsibilities, City
responsibilities, expected contract issues and typical outline content of draft,
procurement schedule, proposal review team member roles and responsibilities,
evaluation criteria, and other needs and elements that will be important to a
successful procurement; and
reviewing the draft RFP prepared by the City and providing comments to the City.
Summary of Services and Fees are listed as Table I - Summary of Fees.
Table I - Summary of Fees:
Task Description Fee
II.A Landfill Business Plan & Solid Waste Business Plan 26,760
II.B Landfill Contractor Procurement 105,890
II:C Automated Collection and Recycling Procurement Planning 17,250
Travel and Per Diem Expense Allowance 24,650
TOTAL 174,550
Exhibit B
Page 2 of 2
,-~
Agenda Memorandum
Ordinance authorizing and allowing under the Act Governing the Texas Municipal
Retirement System, "Updated Service Credits" in said System on an annual basis
for service performed by qualifying members of such System who at the effective
date of the allowance are in the employment of the City of Corpus Christi;
providing for increased prior and current service annuities for retirees and
beneficiaries of deceased retirees of the City; establishing an effective date for
the Ordinance; and providing for severance.
ISSUE: As part of the two-year negotiated collective bargaining agreement
between the City of Corpus Christi and the Corpus Christi Police Officers'
Association, the City has agreed to adopt an Ordinance authorizing the automatic
annual renewal of 50% of the increase in the Consumer Price Index for retirees
and beneficiaries of deceased retirees from December of the year immediately
preceding the effective date of retirement to the December that is 13 months
before the effective date of the retirement. As required by the TMRS Act, a
governing body may not authorize and provide for annuity increases unless it
simultaneously provides for updated service credits [Section 854.203, Subsection
(h)]. This Ordinance will automatically update service credits and annuity
adjustments annually based on an actuarially determined contribution rate
effective _lanuary 1, 2002, and will continue until such time as it is discontinued
by the adoption of another ordinance by the City Council. This Ordinance applies
to all eligible City employees with the exception of Firefighters, who do not
participate in TNRS, but who have pension benefits through the Firemen's Relief
and Retirement Fund. See Attachment I for background information.
REQUIRED COUNCIL ACTZON: City Council is requested to adopt this
Ordinance to enable implementation of the recently negotiated Police collective
bargaining agreement.
FUNDING: The annual actuarial study conducted by TMRS will determine the
City's contribution rate effective January 1, 2002, and January l of each year
thereafter. The contribution rate. will be incorporated into the upcoming budget
process for FY 2001-2002 and for each fiscal year thereafter. The City Council
will be advised of the contribution rate during each budgetary process. The
City's contribution rate will continue to be funded through individual
departments' budgets. The contribution rate effective January 1, 2001, was
included in the budget adopted for FY 2000-2001; therefore, adoption of this
Ordinance does not require additional funding for FY 2000-2001.
RECOI~IIqENDATZON: Staff recommends that this Ordinance be adopted to
enable implementation of the provision recently negotiated in the Police
collective bargaining agreement.
arcia
Director of Human Resources
Date
C:\My Documents~genda Items\TMRS repeating Ord council memo 3 01.doc
ATTACHMENT I
BACKGROUND INFORMATION:
Under the Texas Municipal Retirement System Act (TMRS) that governs TMRS,
the City's Contribution Rate is determined annually by the actuary for TMRS. The
Contribution Rate is composed of three components:
Normal Cost (the portion of the City's contribution rate that funds the
adopted matching ratio)
The Normal Cost Portion of the City's Contribution Rate is impacted by
turnover of employment of members, changes in the number of members,
changes in compensation, increased age of contributing members, and
increases due to the phase in of changes in actuarial assumptions
resulting from the 5-year experience study completed in 1998, and other
actuarial factors.
Prior Service (the portion of the rate for Prior Updated Service Credits; and
Annuity Increases)
The Prior Service Portion of the City's Contribution Rate is impacted by
changes in payroll experience and historical trends; actuarial gains or
losses (the difference between actual events compared to actuarial
assumptions); inconsistent contributions, increases due to phase-in of
changes in actuarial assumptions resulting from the 5-year experience
study completed in 1998, and other actuarial factors.
Retiree Annuity Adjustments (the portion based on a specific percentage
of the increase in the Consumer Price Index over a designated 12 month
period)
Since 1986 the City has designated 40% of the increase in the Consumer
Price Index for retiree annuity adjustments. Recent amendments to the
'I'IVIRS Act by the State Legislature revised the percentages available to
cities from between 30% and 70% in increments of 10%, to a choice of
either 30%, 50%, or 70%. In July 2000, the City Council increased the
adjustment from 40% to 50% of the increase in the Consumer Price
Index.
Updated Service Credit uses a member's average monthly salary over a
recent three~year period immediately prior to the study year, and recalculates
the member's retirement credit as if the member had always earned that
salary and made deposits, matched by the City, on the basis of that average
monthly salary.
DESCRZPTZON OF TMRS RETZREt4ENT PLAN:
Employees (excluding Firefighters) are covered by TMRS for pension benefits,
The City's program currently includes the following provisions:
An employee deposit rate of five per cent
Actuarially determined City contribution
Ten-year vesting
Survivor benefits for vested employees
Occupational disability retirement options
Military buy-back for vested employees
100% updated service credits
Increases adjusted to 50% of the change in the Consumer Price Index for
retirees
Prepared by the Human Resources Department
March 2001
C:XMy Documents~Agenda ItemsXTMRS repeating Ord council memo 3 01 .doc
AN ORDTNANCE
ORDINANCE AUTHORIZTNG AND ALLOWING UNDER THE ACT
GOVERNING THE TEXAS MUNICIPAL RETI~REMENT SYSTEM, "UPDATED
SERVI~CE CREDTrS" ZN SATD SYSTEM ON AN ANNUAL BAS1'S FOR
SERVI~CE PERFORMED BY (~UALI:FYTNG MEMBERS OF SUCH SYSTEM
WHO AT THE EFFECT~/E DATE OF THE ALLOWANCE ARE ]'N THE
EMPLOYMENT OF THE cTrY OF CORPUS CHRISTT; PROVt'DING FOR
INCREASED pRI~OR AND CURRENT SERVI'CE ANNUTrTES FOR RETIREES
AND BENEFTCI'ARt'ES OF DECEASED RETTREES OF THE CTrY;
ESTABLTSHTNG AN EFFECTIVE DATE FOR THE ORDTNANCE; AND
PROVTDt'NG FOR SEVERANCE.
BE I'T ORDAZNED BY THE CZTY COUNC'rL OF THE CTTY OF
CORPUS CHRZSTL, TEXAS:
SECTION 1. Authorization of Updated Service Credits.
The terms and conditions set out in Sections 853.401 through 853.404 of Subtitle
G of Title 8, Government Code, as amended (hereina~er referred to as the
"TIVlRS Act'd, each member of the Texas Municipal Retirement System
(hereinaffcer referred to as the "System'~ who has current service credit or prior
service credit in the System in force and effect on the :L~ day of 3anuary of the
calendar year preceding such allowance, by reason of service in the employment
of the City, and on such date had at least 36 months of credited service with the
System, shall be and is hereby allowed "Updated Service Credit" (as that term is
defined in subsection (d) of Section 853.402 of the TMRS Act).
(b) The Updated Service Credit hereby allowed and provided for shall be 100% of
the "base Updated Service Credit" of the member (calculated as provided in
subsection (c) of Section 853.402 of the TIVlRS Act). If the City has previously
adopted, or if it hereafter adopts an ordinance authorizing Updated Service
Credit for unforfeited credit for prior service or current service with any other
participating municipality, the calculations and adjustments set forth in Section
853.601 of the TIVlRS Act shall apply to any such transferred service.
(c)
Each Updated Service Credit allowed hereunder shall replace any Updated
Service Credit, prior service credit, special prior service credit, or antecedent
service credit previously authorized for part of the same service.
Page 2 of 3
(d) In accordance with the provisions of subsection (d) of Section 853.401 of the
TMRS Act, the deposits required to be made to the System by employees of the
several participating departments on account of current service shall be
calculated from and after the effective date of this ordinance on the full amount
of such person's compensation as an employee of the City.
SECTION 2. Increase in Retirement Annuities.
(a)
On terms and conditions set out in Section 854.203 of the TNRS Act, the
City hereby elects to allow and to provide for payment of the increases
below stated in monthly benefits payable by the System to retired
employees and to beneficiaries of deceased employees of the City under
current service annuities and service by such employees to the City. An
annuity increased under this Section replaces any annuity or increased
annuity previously granted to the same person.
(b)
The amount of the annuity increase under this Section is computed as the
sum of the prior service and current service annuities on the effective
date of retirement of the person on whose service the annuities are
based, multiplied by 50% of the percentage change in Consumer Price
Index for All Urban Consumers, from December of the year immediately
preceding the effective date of the person's retirement to the December
that is 13 months before the effective date of this Section.
(c)
An increase in an annuity that was reduced because of an option
selection is reducible in the same proportion and in the same manner that
the original annuity was reduced.
(d)
If a computation hereunder does not result in an increase in the amount
of an annuity, the amount of the annuity will not be changed hereunder.
(e)
The amount by which an increase under this Section exceeds all
previously granted increases to an annuitant is an obligation of the City
and of its account in the municipality accumulation fund of the System.
SECTION 3. Dates of Allowances and Increases.
The initial allowance of Updated Service Credit and increase in retirement annuities
hereunder shall be effective on January l, 2002, subject to approval by the Board of
Trustees of the System. An allowance of Updated Service Credits and an increase in
retirement annuities shall be made hereunder on 3anuary 1 of each subsequent year
until this Ordinance ceases to be in effect under subsection (e) of Section 853.404 of the
TNRS ACt, provided that, as to such subsequent year, the actuary for the System has
made the determination set forth in subsection (d) of Section 853.404 of the TMRS Act.
Page 3 of 3
SECTION 4. Effective Date.
Subject to approval by the Board of Trustees of the System, this ordinance shall be and
become effective on the 1~ day of .]anuary 2002.
SECTZON 5. If, for any reason, any section, paragraph, subdivision, clause, phrase,
word or provision of this Ordinance shall be held invalid or unconstitutional by final
judgement 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.
ATTEST:
THE Cxl Y OF CORPUS CHRZSTZ
Armando Chapa, City Secretary
Samuel L. Neal, Jr., Mayor
LEGAL FORM APPROVED ~c J
Alex Lopez
Assistant City Attorney
2001, .]ames R. Bray, Jr., City Attorney
Prepared by the Human Resources Department
March 200].
C:\My Documents~Agenda Items\TMRS Repeating Ordinance 3 01.doc
15
CITY COUNCIL AGENDA MEMORANDUM
March 9, 2001
AGENDA ITEM:
(1) Resolution supporting "A Proposal for Implementing the Rincon Bayou Diversions and
Amending the 1995 Agreed Order on Freshwater Inflows to the Nueces Estuary;" requesting the
Texas Natural Resource Conservation Commission to approve necessary amendments to the
1995 Agreed Order; and expressing appreciation for efforts of the Nueces Estuary Advisory
Council.
(2) Ordinance amending the Code of Ordinances, City of Corpus Christi, by revising Article XII,
Water Conservation, of Chapter 55, Utilities, to establish automatic water conservation measures,
to codify !he rules governing drought contingencies and establishing permanent water
conservation measures, and to direct an operations plan for the reservoir system; amending the
Water Conservation and Drought Contingency Plan by deleting the references to specific
reservoir levels in section 2.1 of the Drought Contingency Plan; amending the Water
Conservation and Drought Contingency Plan by repealing Section 2.2 of the Drought
Contingency Plan; revising and clarifying certain other provisions of Article XII of Chapter 55:
providing for penalties; providing for severance; and providing for publication. '
(3) Motion authorizing the City Manager to retain HDR Engineering to provide engineering
services for design and bidding services related to re-opening the Rincon Overflow Channel at a
price not to exceed $40,000, to provide construction services for the Rincon Channel project at a
price to be negotiated, and to provide services related to construction ora pipeline from the
Calallen Reservoir to the Nueces Delta at a price to be negotiated.
ISSUE: Late last year the Council authorized staffto explore whether agreement could be
reached among the City and other interested parties for the City to re-open the channel to
continue the Rincon Project (proven environmentally beneficial to the Nueces Estuary by the
Bureau of Reclamation) in return for reduced pass-through requirements from the reservoir
system. The Nueces Estuary Advisory Council ("NEAC") met on the City's proposal and
appointed a Working Group to evaluate the proposal. The Working Group reached consensus on
the outlines ora modified proposal. The Council authorized staffto proceed to finalize an
amendment to the Agreed Order for pass-throughs consistent with the modified proposal.
Subsequent meetings with the Working Group fleshed out details of the Plan. On March 6, the
full NEAC considered that Plan and, after due deliberation, approved the proposal by consensus.
The Plan will economically supplement our water supply by increasing reservoir system firm
yield by 3,200 acre-feet annually. This will be accomplished by automatically reducing the
City's obligation to pass through water to 1,200 acre-feet when system storage is less than 40%
of capacity, and suspending the obligation entirely when supplies go below 30% of capacity.
This relief from pass-throughs will be effective immediately upon action by TNRCC and will
remain in effect if the City meets two specific deadlines noted below.
In consideration, the City will: l) reopen the Rincon Overflow channel by the end of this year, 2)
construct a pipeline and pumps to deliver up to 3,000 acre-feet per month of pass-throughs to the
Upper Nueces Delta by the end of 2002; and 3) implement a monitoring program to evaluate the
benefits. Capitol costs are estimated to be around $5.5 million. In addition, the City will
automatically implement conservation measures as follows: 1) when system supply goes below
50% of capacity, initiate enhanced communications to the public on water conservation and the
importance of estuaries, 2) when supply goes below 40%, prohibit outdoor watering of
vegetation from 10:00 a.m. to 6:00 p.m., and 3) when supply goes below 30%, prohibit lawn
watering more often than every five days.
The plan contemplates that the City will continue its present policy of maximum use of Lake
Texa. na. water and operating the Lake Corpus Christi/Choke Canyon Reservoir System to
maximize system yield.
The Plan, as finalized, would have these benefits to the City:
1) It would increase firm yield at a reasonable cost per acre-foot.
2) The decision when to implement drought measures is left completely to the judgment
of future councils, prudently weighing all economic, human and other factors at that time.
3) The automatic measures at 50%, 40%, and 30% are targeted for demand reduction in
watering grass and plants, and are supportable as good, routine conservation measures.
4) The health of the Nueces Estuary would be enhanced, with consequent benefits to the
area.
Implementation of the Plan requires approval of the Texas Natural Resource Commission. A
meeting of that agency is being scheduled for April 4.
Two action items are submitted for Council approval. First is a resolution supporting the
proposal, requesting TNRCC approval, and expressing appreciation for NEAC's efforts. Second
is an ordinance enacting the automatic water conservation measures in the proposal, subject to
TNRCC approval. The ordinance also: a) removes references in the present water conservation
plan to specific reservoir levels corresponding to particular drought conditions (thus leaving
discretion as to implementation of any specific condition), b) continues operation of the reservoir
system to maximize water supply, with Lake Corpus Christi allowed to go down to 74 feet mean
sea level before releases from Choke, and c) codifies the water conservation plan for easier
reference and makes other clean-up and clarifying changes.
In order to meet the short timeline for the re-opening of the Rincon Overflow Channel, it is
necessary to immediately procure engineering services for the design and bid phase. HDR
Engineering has been previously hired to assist the Project and they are very knowledgeable of its
requirements. Their scope of services for the required design and bid phase is attached. The
services are proposed at a cost of $28,000 for the design phase and $12,000 for the bidding
phase.
Attached are: 1) the Resolution; 2) Exhibit A to the Resolution which is the final Proposal; 3)
Exhibit B to the Resolution which is proposed Amended Order which has been submitted to the
TNRCC; 4) maps, charts and graphs prepared by HDR Engineering related to the Proposal; 5) the
Ordinance; and 6) scope of services proposal of HDR Engineering.
RECOMMENDATION: Approval of resolution and ordinance as submitted.
Ron Mass~y,.Assistant/City Manager
J~m~ Bray J, City Attorr3~y
RESOLUTION
SUPPORTING "A PROPOSAL FOR IMPLEMENTING THE RINCON
BAYOU DIVERSIONS AND AMENDING THE 1995 AGREED ORDER
ON FRESHWATER INFLOWS TO THE NUECES ESTUARY;"
REQUESTING THE TEXAS NATURAL RESOURCE CONSERVATION
COMMISSION TO APROVE NECESSARY AMENDMENTS TO THE
1995 AGREED ORDER; AND EXPRESSING APPRECIATION FOR
EFFORTS OF THE NUECES ESTUARY ADVISORY COUNCIL
WHEREAS, on April 28, 1995, the Texas Natural Resource Conservation Commission
issued an Agreed Order (the "Agreed Order") amending the operational procedures and
continuing an Advisory Council pertaining to Special Condition 5.B., Certificate of Adjudication
No. 21-3214; and
WHEREAS, from 1995 to 1999 the United States Bureau of Reclamation operated the
Rincon Bayou Demonstration Project to evaluate the feasibility of increasing water exchange
between the Nueces River tidal segment and the Upper Rincon Bayou, and the Bureau's
Concluding Report documented positive effects on the Rincon Bayou and Upper Nueces River
Delta; and
WHEREAS, the Rincon Bayou Demonstration Project and evidence from other studies
over the years suggested an oppommity to: (1) better manage the limited resources of the Nueces
River Basin for the benefit of the Nueces Estuary, and (2) at the same time supplement municipal
and industrial water supplies for the Corpus Christi area by increasing the annual firm yield of
the Lake Corpus Christi/Choke Canyon Reservoir System; and
WHEREAS, on Janua~ 17, 2001, the City of Corpus Christi and the Nueces River
Authority presented a proposal to the Nueces Estuary Advisory Council to accomplish said
purposes of benefitting the estuary and increasing water supplies; and
WHEREAS, the Nueces Estuary Advisory Council appointed a Working Group to
oversee development of a detailed implementation plan for the proposal, including
representatives of the City of Corpus Christi, the Nueces River Authority, the Coastal Bend Bays
and Estuaries Program; the Coastal Bend Bays Foundation, the Sierra Club, the Center for
Coastal Studies of Texas A&M University - Corpus Christi, Environmental Defense, the Port
Industries of Corpus Christi, and the Texas Parks and Wildlife Department; and
WHEREAS, after several meetings and much deliberation, the Working Group reached
consensus on an implementation plan (the "Implementation Plan") to be accomplished through
amendment to the Agreed Order; and
WHEREAS, on March 6, 2001, ~he full Nueces Estuary Advisory Council considered the
ljrb4501009.wpd
Implementation Plan developed by the Working Group and reached consensus in favor of said
Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT: -
SECTION 1. The City of Corpus Christi supports "A Proposal for Implementing the
Rincon Bayou Diversions and Amending the 1995 Agreed Order on Freshwater Inflows to the
Nueces Estuary," a true copy of which is attached hereto as Exhibit A and incorporated herein by
reference.
SECTION 2. The City of Corpus Christi requests the Texas Natural Resource
Conservation Commission to approve, in all material aspects, the Amended Agreed Order,
attached hereto as Exhibit B and incorporated herein by reference.
SECTION 3. The City of Corpus Christi recogn/zes and appreciates the cooperative and
constructive efforts of the members of the Nueces Estuary Advisory Council in reaching
consensus on the Implementation Plan.
ljrb4501009.wpd
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
Samuel L. Neal, Jr., Mayor
Legal Form Approved March 9, 2001
James R. Bray, Jr.
City Attorney
By: ~,g, ~
A PROPOSAL FOR IMPLEMENTING THE
"RINCON BAYOU DIVERSIONS"
AND
AMENDING THE 1995 AGREED ORDER ON
FRESHWATER INFLOWS TO THE NUECES ESTUARY
Submitted to the
Texas Natural Resource Conservation Commission
By:
The City of Corpus Christi and the Nueces River Authority
With the Consensus of the
Nueces Estuary Advisory Council
SUMMARY
The City of Corpus Christi (City) and the Nueces River Authority (NRA) propose to
implement the "Rincon Bayou Diversions" to enhance the exchange of water from the
Nueces River into the Upper Rincon Bayou in order to improve the ecological productivity
of the Nueces Delta/Nueces Estuary system. In consideration for committing to the
attached "Implementation Plan and Timetable" for constructing, operating and maintaining
these diversion facilities as permanent projects, the City and NRA also propose to amend
the 1995 Agreed Order on Freshwater Inflows to the Nueces Estuary (1995 Agreed Order)
to immediately modify the level of drought management measures required to be
implemented in order to obtain the reductions in monthly inflow targets now available under
the 1995 Agreed Order when reservoir storage levels fall below 40 percent of reservoir
system capacity.
PROCESS FOR IMPLEMENTING THE RINCON BAYOU DIVERSIONS AND AMENDING
THE 1995 AGREED ORDER
The Texas Natural Resouce Conservation Commission (TNRCC) is the state agency that
regulates water rights in Texas, and therefore administers provisions of Certificate of
Adjudication No. 21-3214 (Certificate), jointly held by the City and NRA, which authorizes
the impoundment and diversion of waters of the state from the Frio River at Choke Canyon
Reservoir. Beginning in 1990, TNRCC and its predecessor agencies have issued a series
of orders governing the operations of the Choke Canyon/Lake Corpus Christi Reservoir
System (Reservoir System) with respect to freshwater inflows to the Nueces Estuary as
required under Special Condition 5.B. of the Certificate.
In 1992, TNRCC, by effect of the "Interim Agreed Order" on freshwater inflows to the
Nueces Estuary, established the Nueces Estuary Advisory Council (NEAC) as the
designated body of stakeholders charged with reviewing proposed changes to the
freshwater inflow operating plan for the Nueces Estuary. Later amendments to the 1992
Agreed Order (the "1995 Agreed Order") continued to authorize NEAC to review any
proposed changes to the new "pass-through" operating plan for freshwater inflows.
At a NEAC meeting on January 17, 2001, the City and NRA presented an initial proposal
for the Rincon Bayou Diversion improvements and associated amendments to the 1995
Agreed Order. NEAC members agreed to establish a working group, or steering
committee, of principal stakeholders to oversee the development of a. detailed
implementation plan for this proposed project. This working group, facilitated, by the
TNRCC, includes representatives of the following entities and organizations: the Cityi;
NRA; Coastal Bend Bays and Estuaries Program; Coastal Bend Bays Foundation; Sierra
Club; Center for Coastal Studies, Texas A&M University - Corpus Christi; Environmental
Defense; Port Industries of Corpus Christi; and Texas Parks and Wildlife Department.
The working group met several times over the past month to consider the City/NRA
proposal for the Rincon Bayou Diversions and amendments to the 1995 Agreed Order.
After considerable deliberation, the group reached consensus on an implementation plan
for the Rincon Diversions and the proposed amendment to the 1995 Agreed Order. The
following proposal and work plan was developed with the consensus of the working group.
It defines the measures of relief from the pass-through requirements that would be
available and how this relief would be contingent upon implementation of certain discrete
elements of the City of Corpus Christi's Water Conservation and Drought Management
Plan and timely implementation of specific elements of the Rincon Bayou Diversion project.
This proposal was presented to NEAC for consideration and approval on Mamh 6, 2001.
Based on there being consensus among members of NEAC regarding the proposal, the
City, NRA and Three Rivers will file a motion to amend the 1995 Agreed Order, seeking
to have the motion scheduled for consideration by the TNRCC on April 4, 2001.
BACKGROUND
Certificate of Adjudication No. 21-3214 authorizes the City and NRA to impound waters of
the Fdo River in Choke Canyon Reservoir, and to divert and use up to 139,000 acre-feet
per year of water for municipal and industrial water supply purposes. Choke Canyon
Reservoir is also authorized to be operated in conjunction with Lake Corpus Christi, located
downstream on the Nueces River, to produce a combined system yield of 252,000 acre-
feet per year.-
During permitting, the construction of Choke Canyon Reservoir and its operation in
conjunction with Lake Corpus Christi, there were concems regarding the protection of
freshwater inflows to the Nueces Estuary, including reductions in the amount of freshwater
flooding occurring in the upper Nueces Delta. A provision for minimum freshwater inflow
amounts to the Nueces Estuary was addressed in Special Condition 5.B. of Certificate of
Adjudication No. 21-3214. This provision was implemented by a sedes of freshwater inflow
operating orders issued by the TNRCC beginning in 1990. The matter of delivering
desirable and useful quantities of freshwater inflows into the Nueces Delta continues to be
studied.
Numerous studies (Bureau of Reclamation 1975, U.S. Fish and Wildlife Service 1980,
Texas Department of Water Resources 1981, Espey, Huston and Associates 1981, U.S.
Fish and Wildlife Service 1984, HDR, et al. 1991, HDR et al. 1'993) have suggested that
a superior alternative to sending freshwater inflows to Nueces Bay is to deliver additional
quantities of freshwater into the Nueces Delta either by breaching the banks of the Nueces
River at some point(s) below the Calallen Saltwater Barrier Dam and/or by diverting treated
wastewater effluent via pipelines. The potential benefits of freshwater diversions to the
Nueces Delta are:
Restoration of more "natural" salinity gradients in the upper Nueces Delta, where,
historically, periodic flooding events had flushed out salts concentrated in the soils
and the water column during Iow flow conditions;
Restoration of typical delta/estuarine ecological functions, which had been lost
largely to the hypersaline conditions and lack of nutrient inputs, both of which limit
primary productivity and cause loss of habitat; and
Restoration of hydrologic functions which transport nutrients and detritus into and
out of the wetlands within the delta complex, making these materials available to
various trophic levels within both the delta and the larger estuarine ecosystem.
By the early 1990's, efforts to test the feasibility of these diversion projects were
implemented. Eventually, two separate diversion demonstration projects evolved:
The City authorized and implemented the Allison Wastewater Diversion
Demonstration Project, which re-routes approximately two million gallons per day
(2 MGD) of treated effluent from its historical discharge location in the Nueces River
tidal segment to a new discharge point adjacent to "South Lake," a tidal pond in the
Nueces Delta. Construction on the project was completed in 1997 and treated
wastewater discharges were initiated in 1998. Project monitoring began prior to
construction and has continued through the first two years of operation. Initial data
indicate positive benefits and the City continues to operate and support the project.
The U.S. Bureau of Reclamation (BuRec) authorized and constructed the Rincon
Bayou Demonstration Project, designed to evaluate the feasibility of increasing
water exchange between the Nueces River tidal segment and the Upper Rincon
Bayou. This demonstration project involved excavating both a "Nueces Overflow
Channel" at a point just downstream of the 1-37 bridge, where the upper Rincon
Bayou had historically connected to the Nueces River, and a "Rincon Overflow
Channel" connecting the upper Rincon Bayou with an area of tidal flats in the
northern portion of the Nueces Delta. Baseline monitoring for the project began in
October 1994. Excavation of the overflow channels was completed in October
1995. Monitoring continued through December 1999, and the demonstration project
terminated with the backfilling of the Nueces Overflow Channel in September 2000.
The Concluding Report for the Rincon Bayou Demonstration Project documents the effects
of the project on the hydrography and ecology of Rincon Bayou and the upper Nueces
Delta. In terms of hydrography (or hydrology), the breaching of the river bank at the upper
end of the Rincon Bayou increased "the opportunity for larger, more frequent diversions
of fresh water" (BuRec 2000). The report noted that there were three types of resulting
diversion events: positive flow events - infrequent, large volume flows from the Nueces
River into Rincon Bayou; tidal fiat inundation events -- very large positive flow events
resulting in flow through the Rincon Overflow Channel and general inundation of the tidal
fiats areas of the upper delta; and exchange events -- more frequent, smaller flows that
resulted from daily differences in water level elevations between Rincon Bayou and
Nueces Bay or Nueces River. In the relatively short duration of the demonstration project,
these diversion events helped to restore a more natural salinity regime in the Rincon_Bayou
portion of the Nueces Delta.
As a result of the various diversion events, "(A) significant degree of ecological function
was returned to the Nueces Delta and Nueces Estuary ecosystems" (BuRec 2000). The
Concluding Report documents positive responses in terms of:
an increase in the primary productivity in the water column (phytoplankton)
and on the surface of the sediments (microphytobenthos);
an increase in the number and size of benthic organisms, as well as an
increase in the number of benthic species; and
an increase in the amount of plant cover and a corresponding decrease in
the amount of bare areas in the emergent wetlands areas.
The report recommends that the demonstration project features be incorporated into a
permanent diversion project and that changes in the current operating plan for freshwater
inflows to the Nueces Estuary (1995 Agreed Order) be designed to better facilitate the
diversion of freshwater "pass-throughs" from the Choke Canyon/Lake Corpus Christi
reservoir system through the project and into the upper Nueces Delta. With permanent
diversion facilities in place, and continued monitoring, the Rincon Bayou Diversion Project
could provide opportunities for "adaptive management" -- the process of monitoring and
evaluating ecological responses to changes in freshwater inflows and incorporating this
information into subsequent decisions on how to most effectively utilize the limited
freshwater resources available to the estuarine environment.
PROPOSAL TO IMPLEMENT THE "RINCON BAYOU DIVERSION PROJECTS" AND TO
AMEND THE 1995 AGREED ORDER
The water resoume management goals of this proposal are to (1) provide better
management of the limited freshwater resources of the Nueces River Basin for the benefit
of the Nueces Estuary and (2) to supplement municipal and industrial water supplies for
the Coastal Bend area by increasing the firm annual yield of the reservoir system. The
specific environmental management goals of the proposed projects are to enhance the
salinity conditions and ecological functions of the Nueces Delta by providing increased
freshwater inflows to the upper Nueces Delta, through both the Rincon Bayou Overflow
Channel and a conveyance system to deliver water from the Calallen Pool directly into
Upper Rincon Bayou.
By this proposal, the City and NRA, joint holders of Certificate of Adjudication No. 21-3214
and parties to the 1995 Agreed Order, agree to:
(1)
(2)
(3)
acquire either easements or ownership of properties necessary to re-open the
Nueces River Overflow Channel and make the Nueces River Overflow Channel and
the Rincon Bayou Overflow Channel permanent features of the Rincon Bayou
Diversion;
construct and operate a conveyance facility to deliver up to 3,000 acre-_f~eet per
month of required Reservoir System "pass-throughs' directly from the Calallen Pool
into the Upper Rincon Bayou; and
implement an ongoing monitoring and assessment program designed to develop
information on how the diversion of freshwater into the Upper Rincon Bayou affects
the ecological function of various trophic levels within the Rincon Bayou/Nueces
Delta system, as well as the Nueces River Tidal Segment. The monitoring data will
be assessed and reported on an annual basis, with the annual monitoring cycle
beginning on September 1 of each year and ending on August 31 of the following
year, with the annual report due within 6 months, or by the end of February following
the monitoring year end. Such monitoring data should, when integrated with other
information (such as fisheries data) collected by various entities, help to facilitate an
ongoing "adaptive management" program for freshwater inflows into the Nueces
Estuary.
In anticipation of the environmental enhancements to the Nueces Estuary that may accrue
from these projects being proposed by the City and NRA, the NEAC agrees to support
amendments to the 1995 Agreed Order that would increase the reservoir system yield and
provide greater flexibility in the implementation of the City of Corpus Christi's Drought
Management Plan. The proposed amendments to the 1995 Agreed Order would provide
that:
(1)
VVhen the combined storage in the Choke Canyon/Lake Corpus Christi reservoir
system (Reservoir System Storage) falls below 50% of the total system storage
capacity, the City of Corpus Chdsti shall issue public notice advising and informing
the water users in the region of potential drought conditions, as well as outlining
voluntary conservation measures that are requested immediately and required
drought management measures to be taken should the Reservoir System Storage
fall to under 40 percent and/or 30 percent of total system storage capacity. To the
extent of its legal authority, the City of Corpus Christi shall require its wholesale
customers to issue public notice advising and informing the water users in the
region of potential drought conditions, as well as outlining voluntary conservation
'measures that are requested immediately and required drought management
measures to be taken should the Reservoir System Storage fall to under 40 percent
and/or 30 percent of total system storage capacity. (VVhen the combined reservoir
system storage falls to 50% of total storage capacity, the City will immediately
provide notification to the public by placing advertising in the Corpus Chn.'sti Caller-
Times; in addition, the informational content of the City's ongoing public
information/education programs on water conservation - conducted via both print
and electronic media -- will be revised to emphasize additional water demand
reduction measures that can be implemented to protect both the water supplies in
the Choke Canyon/Lake Corpus Christi Reservoir System and freshwater inflows
to the Nueces Estuary. Advertising and information will be designed to encourage
voluntary reductions in both indoor and outdoor water use and-will include
information educating the public about the importance of the Nueces Estuary to the
regional economy, environment and quality of life.
(2)
In any month when Reservoir System Storage is less than 40 percent, but equal to
or greater than 30 percent of total system storage capacity, the City of_Corpus
Christi shall implement time of day outdoor watering restrictions and shall reduce
targeted inflows to Nueces Bay to 1,200 acre-feet per month (1,200 acre-feet per
month represents the quantity of water that is the median inflow into Lake Corpus
Christi during the drought of record.). Time of day outdoor watering restrictions
prohibit lawn watering between the hours of 10 am and 6 pm and are subject to
additional conditions as described in the City of Corpus Christi's "Water
Conservation and Drought Contingency Plan" ("Plan"). To the extent of its legal
authority, the City of Corpus Christi shall require its wholesale customers to
implement time of day outdoor watering restrictions similar to those of the City.
(3)
In any month when Reservoir System Storage is less than 30 percent of total
system storage capacity, the City of Corpus Christi shall implement a five-day lawn
watering schedule in addition to time of day outdoor watering restrictions (see
2.b.(2)) and shall suspend the passage of inflow from the Reservoir System for
targeted inflows to Nueces Bay. However, return flows directed into Nueces Bay
and/or the Nueces Delta shall continue. The five-day lawn watering schedule shall
allow customers to water lawns once every five days, subject to the time of day
restrictions described in 2.b.(2) and any additional conditions as described in the
City's Plan.
(4)
Certificate Holders' rights to obtain whole or partial suspension of the passage of
inflow through the Reservoir System is contingent upon the City implementing, and
requiring its wholesale customers to implement, water conservation and drought
management measures at the diminished Reservoir System levels, as set forth in
subparagraphs 2.b.(2) and 2.b.(3), and enforcement of such requirements using the
authority provided in City ordinances and codes to levy fines and penalties for
violations of these particular provisions of the City's Water Conservation and
Drought Management Plan and various wholesale water contracts.
Recognizing that the restoration of the Nueces River Overflow Channel and the
construction of a system to convey water from the Calallen Pool to the Upper Rincon
Bayou area are significant undertakings, the NEAC Working Group has developed an
Implementation Plan and Timetable (see Attachment A) for the Rincon Bayou Diversions.
Initial elements of this plan are already underway, including the preliminary engineering
and property acquisition efforts.
However, while proceeding at an accelerated pace, full completion of these two
components of the Rincon Bayou Diversions involves a number of steps that will likely
depend on decisions and actions by other entities besides the project sponsors - i.e.,
issuance of permits for diversion of state water (TNRCC) and for construction in navigable
waters (U.S. Army Corps of Engineers). The NEAC Working Group agrees, and requests
that the full membership of NE. AC recommend to TNRCC, that the proposed amendments
to the 1995 Agreed Order be effective immediately upon approval by TNRCC and continue
to be available to the City so long as the progress on the implementation of the required
projects follows as outlined in the timetable below.
If in the event that the City fails to meet the final deadlines in this timetable, the NEAC
Working Group would review the options for completing the projects and recommend
additional amendments to the Agreed Order to address the situation at that time._. During
the intervening time, however, the freshwater inflow operating rules would revert to the
conditions of the 1995 Agreed Order.
LITERATURE CITED
Bureau of Reclamation, "Environmental Impact Statement for Choke Canyon Reservoir,"
December 1975.
Bureau of Reclamation, "Concluding Report: Rincon Bayou Demonstration Project.
Volume h Executive Summary," United States Department of the Interior, Bureau of
Reclamation, Oklahoma-Texas Area Office, Austin, Texas. 2000.
Espey, Huston and Associates, "Enhancement Potential Determination for the Nueces
River/Deltaic Marsh System Study," 1981.
HDR, et a/., "Nueces Estuary Regional Wastewater Planning Study, Phase 1," City of
Corpus Christi, et al., November 1991.
HDR, et al., "Nueces Estuary Regional Wastewater Planning Study, Phase 2," City of
Corpus Christi, et al., March 1993.
Texas Department of Water Resources, "Nueces and Mission-Aransas Estuaries: A Study
of the Influence of Freshwater Inflows," January 1981.
U.S. Fish and Wildlife Service, "Phase 4 Report - Studies of freshwater Needs of Fish and
Wildlife Resources in Nueces-Corpus Christi Bay Area, Texas," August 1980.
U.S. Fish and Wildlife Service, "Supplemental Fish and Wildlife Coordination Act Report,
Choke Canyon Dam and Reservoir, Nueces River Project, Texas," 1984.
~MENT A:
IMPLEMENTATION PLAN AND TIMETABLE
FOR THE
RINCON BAYOU DIVERSIONS
Submitted to the
Texas Natural Resource Conservation Commission
Submitted by the
City of Corpus Christi
and the
Nueces River Authority
February 28, 2001
SCOPE OF WORK
Nueces River Overflow Channel Project
Preliminary Engineering: _
Review the Bureau of Reclamation's original design for the construction of
the Nueces River Overflow Channel and compare with the "as-built"
specifications of the project to assess design changes that might be
required or desired.
Identify the areal extent of inundation that the design channel would
provide in order to define easement/property acquisition requirements for
downstream properties.
Develop preliminary cost estimates.
Prepare information for permitting process.
Permitting:
Develop and submit application for state water right associated with
diversion of water from the Nueces River into the Rincon Bayou/Nueces
Delta area.
Identify and apply for permits necessary for construction and operation of
the overflow channels, O&M on project facilities, etc.
Land Acquisition:
Identify extent of land impacted by project construction and operation.
Identify land ownership by tract in impacted areas; conduct title research.
Evaluate most appropriate strategy for securing fights to access, develop
and inundate impacted properties.
Appraise value of various properties/easements.
Contact landowners and make offers.
Follow up and conclude necessary transactions.
Final Engineering Design:
Prepare final plans and specifications for Nueces River Overflow Channel
construction, and ancillary construction in other portions of the project
area.
- Prepare detailed cost estimates.
Bidding and Consfl'ucfion:
- Commit/appropriate requisite funding for project construction based on
engineering cost estimates
- Advertise for Bids; Accept Bids; Evaluate Bids and Identify Low Bid
- Negotiate and Award Construction Contract(s)
- Establish and implement construction oversight process, including permit
compliance measures
- Construct project elements by no later than December 31, 2001
Calallen Pool to Rincon Bayou Water Conveyance Project
Preliminary Engineering:
Identify diversion and discharge locations.
Identify pipeline/canal alignment and routing. _
Develop preliminary cost estimates and evaluate alternatives.
Prepare information for permitting process.
Permitting:
Develop and submit application for state water right associated with
diversion of water from the Nueces River into the Rincon Bayou/Nueces
Delta area.
Identify and apply for permits necessary for construction and operation of
the diversion, conveyance and discharge structures, O&M on project
facilities, etc. (i.e., Section 404 permit?)
Land Acquisition:
Identify land ownership at diversion site,along conveyance route and at
dishcarge site; conduct title research.
Evaluate most appropriate strategy for securing rights to construct,
operate and maintain project facilities
Appraise value of various properties/easements.
Contact landowners and make offers.
Follow up and conclude necessary transactions.
Final Engineering Design:
Prepare final plans and specifications for constructionof diversion
facilities, pump station, pipeline or canal, and discharge structures, as
well as ancillary construction in other portions of the project area.
- Prepare detailed cost estimates.
Bidding and Construction:
- Commit/appropriate requisite funding for project construction based on
engineering cost estimates
- Advertise for Bids; Accept Bids; Evaluate Bids and Identify Low Bid
- Negotiate and Award Construction Contract(s)
- Establish and implement construction oversight process, including permit
' compliance measures
- Construct project elements and begin operation no later than December
31, 2002
Project Monitoring and Assessment:
Establish goals and objectives for long-term monitoring of the Rincon
Bayou Diversions
Design monitoring plan _
Coordinate monitoring program for the Rincon Bayou Diversions, in
connection with existing monitoring efforts in the Nueces Delta (i.e.,
ongoing monitoring for the City of Corpus Christi Allison Wastewater
Diversion Project, Texas Parks and Wildlife routine and targeted
monitoring, TNRCC routine and targeted monitoring, Clean Rivers
Program targeted monitoring, and special studies conducted by the
Coastal Bend Bays & Estuaries program)
Implement monitoring by September 1, 2001
Provide annual reports, due within six months of the end of each
monitoring year (September 1 through August 31 of each year); annual
reports will include an assessment of monitoring data and a review of the
monitoring program in the context of other monitoring activities, and will
provide recommendations regarding "adaptive management" measures
designed to better integrate project facilities with the freshwater inflow
operating policies
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February 28th, 2001
Jimmy Bray - Corpus. Choke.1995 TNRCC ORDER rev 2-23-01 .wpd Page 1 i
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
DOCKET NUMBER: 95-0616-WR
IN RE: AGREED ORDER §
ESTABLISHING OPERATIONAL §
PROCEDURES PERTAINING TO §
SPECIAL CONDITION $.B., §
CERTIFICATE OF ADJUDICATION §
NO. 21-3214, HELD BY THE §
CITY OF CORPUS CHRISTI, §
NUECES RIVER AUTHORITY, AND §
THE CITY OF THREE RIVERS §
BEFORE THE
TEXAS NATURAL
RESOURCE CONSERVATION
COMMISSION
AN AGREED ORDER amending the operational
procedures and continuing an Advisory Council pertaining to
Special Condition 5.B., Certificate of Adjudication No. 21-3214
On , came to be considered before the Texas Natural Resoume
Conservation Commission ("Commission") the Motion by the City of Corpus Christi and Nueces
River Authority for the adoption of an amendment to the Agreed Order issued April 28, 1995,
establishing operating procedures pertaining to Special Condition 5.B., Certificate of
Adjudication No. 21-3214, held by the City of Corpus Christi, the Nueces River Authority, and
the City of Three Rivers" (the two cities and river authority shall be referred to herein as
"Certificate Holders").
ARer hearing and considering the proposed operational procedures and the presentations of
the parties, the Commission finds that it has authority to establish operational procedures under
Special Condition 5.B. of Certificate of Adjudication No. 21-3214, and that operational
procedures previously established should be amended. The Commission finds that, because of
the need to continue to monitor the ecological environment and health of related living marine
resources of the estuaries to assess the effectiveness of freshwater inflows provided by
requirements contained in this Agreed Order relating to releases and spills from Choke Canyon
Reservoir and Lake Corpus Christi (collectively referred to as the Reservoir System), as well as
return flows, and to evaluate potential impacts which may occur to the reservoirs as welt as to the
availability of water to meet the needs of the Certificate Holders and their customers which may
result from those operational procedures, the existing advisory council should be maintained to
consider such additional information and related issues and to formulate recommendations for
the Commission's review.
The Commission additionally finds that based on the preliminary application of the Texas
Water Development Board's Mathematical Programming Optimization Model, (GRG-2),
r Jimmy Bray - Corpus. Choke. 1995 TNRCC ORDER rev 2-23-01 .wpd Page 2
138,000 acre-feet of fresh water is necessary to achieve maximum harvest in the Nueces Estuary;
and, therefore, when water is impounded in the Lake Corpus Christi-Choke Canyon Reservoir-v
System to the extent greater than 70 percent of the system's storage capacity, the delivery of
138,000 acre-feet of water to Nueces Bay and/or the Nueces Delta, by a combination of releases
and spills, together with diversions and return flows noted below, should be accomplished; and
that during periods when the reservoir system contains less than 70 pemant storage capacity,
reductions in releases and spills, along with diversions and return flows, are appropriate in that a
satisfactory level of marine harvest will be sustained and the ecological health of the receiving
estuaries will be maintained.
The Commission finds that return flows, other than to Nueces Bay and/or the Nueces Delta,
that are delivered to Corpus Christi Bay and other receiving estuaries are currently in the
assumed mount of 54,000 acre-feet per annum (per calendar year), and that they shall be credited
at this amount until such time as it is shown that actual return flows to Corpus Christi Bay and
other receiving estuaries exceed 54,000 acre-feet per annum.
The Commission finds that by contractual relationships, the City of Corpus Christi is the
managing entity for operating the Reservoir System.
When the Commission uses the word "release" in this Order, release means spills, inflow
passage, intentional releases, and return flows; provided, however, under this Order no release
from storage is required to meet conditions of this Order.
By consenting to the issuance of this Agreed Order, no party admits or denies any claim, }aor
waives with respect to any subsequent proceeding any interpretation or argument which may be
contrary to the provisions of this Agreed Order.
NOW, THEREFORE, BE IT ORDERED BY THE TEXAS NATURAL RESOURCE
CONSERVATION COMMISSION THAT:
The City of Corpus Christi, as operator of the Choke Canyon/Lake Corpus Christi
reservoirs (the "Reservoir System"), shall provide not less than 151,000 acre-feet of water
per annum (per calendar year) for the estuaries by a combination of releases and spills
from the Reservoir System at Lake Corpus Christi Dam and return flows to Nueces and
Corpus Christi Bays and other receiving estuaries (including such credits as may be
appropriate for divemion of river flows and/or return flows to the Nueces Delta and/or
Nueces Bay), as computed and to the extent provided for herein.
b. When water impounded in the Reservoir System is greater than or equal to 70
percent of storage capacity, a target amount of 138,000 acre-feet is to be delivered to
Nueces Ba~v and/or the Nueces Delta by a combination of releases and spills from the
Reservoir System as well as diversions and return flows. In accordance with the
monthly schedule and except as provided otherwise in this Agreed Order, target
2
Jimmy Bray - Corpus. Choke.1995 TNRCC ORDER rev 2-23-01 .wpd Page 3
inflows to Nueces Bay and/or the Nueces Delta shall be in the acre-foot amounts as
follow: ~
January 2,500 July 6,500
Februa~ 2,500 August 6,500
March 3,500 September 28,500
April 3,500 October 20,000
May 25,500 November 9,000
June 25,500 December 4,500
It is expressly provided, however, that releases from Reservoir System storage shall not
be required to satisfy the above targeted inflow amounts, as calculated in Subparagraph d.
c. When water impounded in the Reservoir System is less than 70 pement but greater than
or equal to 40 percent of storage capacity, a targeted amount of 97,000 acre-feet is to be
delivered to Nueces Bay and/or the Nueces Delta by a combination of releases and spills
from the Reservoir System as well as diversions and return flows. In accordance with the
monthly schedule and except as provided otherwise in this Agreed Order, target inflows
to Nueces Bay and/or the Nueces Delta shall be in the acre-foot amounts as follows:
January 2,500 July 4,500
February 2,500 August 5,000
March 3,500 September 11,500
April 3,500 October 9,000
May 23,500 November 4,000
June 23,000 December 4,500
It is expressly provided, however, that releases from Reservoir System storage shall not
be required to satisfy the above targeted inflow amounts as calculated in Subparagraph d.
The amounts of water required in subparagraphs 1 .b. and 1 .c. will consist of return flows,
and intentional diversions, as well as spills and releases from the Reservoir System as
defined in this subparagraph. For purposes of compliance with monthly targeted amounts
prescribed above, the spills and releases described in this paragraph shall be measured at
the U.S. Geological Survey stream monitoring station on the Nueces River at Calallen,
Texas (USGS Station No. 082I 1500). Any inflows, including measured wastewater
effluent and rainfall runoff meeting lawful discharge standards which are intentionally
diverted to the upper Nueces Delta region, shall be credited toward the total inflow
amount delivered to Nueces Bay and/or the Nueces Delta. Inflow passage from the
Reservoir System for the purpose of comi31iance with the monthly targeted amounts
prescribed in subparagraphs 1 .b. and 1 .c. shall in no case exceed the estimated inflow to
Jimmy Bray - Corpus. Choke.1995 TNRCC ORDER rev 2-23-01 .wpd Page 4 j
Lake Corpus Christi as if there were no impoundment of inflows at Choke Canyon
Reservoir. The estimated inflow to Lake Corpus Christi as if there were no impoundment
of inflows at Choke Canyon Reservoir shall be computed as the sum of the flows
measured at the U.S. Geological Survey (USGS) STREAMFLOW GAGING STATIONS
ON THE Nueces River near Three Rivers (USGS No. 08210000), Froi River at Tilden,
Texas (USGS No. 08206600), and San Miguel Creek near Tilden, Texas (USGS No.
08206700) less computed releases and spills from Choke Canyon Reservoir.
into the Nueces Bay/Nueces Delta Area - For purposes of compliance with monthly targeted
amounts prescribed above, the spills and releases described in this paragraph shall be measured at
the U. S. Geological Survey stream monitoring station on the Nueces River at Calallen, Texas
(USGS Station No. 08211500).
The passage of inflow necessary to meet the monthly targeted allocations may be
distributed over the calendar month in a manner to be determined by the City.
Relief from the above requirements shalI be available under subparagraphs (I) or (2)
below and Section 2.(b) and 3.(c) at the option of the City of Corpus Christi.
However, passage of inflow may only be reduced under one of those subparagraphs
below, for any given month.
(1) Inflows to Nueces Bay and/or the Nueces Delta in excess of the required monthly
targeted amount may be credited for up to fifty (50) percent of the targeted requirement
for the following month, based on the~amount received.
(2) When the mean salinity in Upper Nueces Bay (Lat. 27°51'02", Long. 97°28'52 ") for a
10-day period, ending at any time during the calendar month for which the reduction of
the passage of inflow is sought, is below the SUB*, pass through of inflow from the
reservoir system for that same calendar month may be reduced as follows:
(a) For any month other than May, June, September and October, if 5 ppt below the
SUB for the month, a reduction of 25% of the cun'ent month's targeted Nueces
Bay inflow;
(b) If 10 ppt below the SUB for the month, a reduction of 50 % of the current month's
targeted Nueces Bay inflow except that credit under this provision is limited to 25
% during the months of May, June, September and October;
* "SUB" means "salinity upper bounds" as set forth more specifically in Section 3.b.
(c) If 15 ppt below the SUB for that month, a reduction of 75% of the current month's
4
Jimmy Bray - Corpus. Choke1995 TNRCC ORDER rev 2-23-01 .wpd Page
targeted Nueces Bay inflow.
The City of Corpus Christi shall submit monthly reports to the Commission containing
daily inflow amounts provided to the Nueces Estuary in accordance with this Agreed
Order through releases, spills, return flows and other freshwater inflows.
Certificate holders are to provide in any future contracts or any amendments,
modifications or changes to existing contracts the condition that all wholesale customers
and any subsequent wholesale customers shall develop and have in effect a water
conservation and drought management plan consistent with Commission rule. The City
of Corpus Christi shall solicit from its customers and report to the Commission annually
the result of conservation under the City's plan, the customers' plans, and the feasibility of
implementing conservation plans and programs for all users of water from the reservoir
system. This report shall be submitted with the Certificate Holder's annual water use
report as provided by 31 T.A.C. §295.202.
The Certificate Holders may obtain relief from targeted Nueces Bay inflows during times
of prolonged drought in accordance with this subparagraph :ubparagrap~: ~ ~' ~'x ~ ~' ~
(])
When the combined storage in the Choke Canyon/Lake Corpus Christi reservoir
system (Reservoir System Storage) falls below 50% of the total system storage
capacity, the City of Corpus Christi shall issue public notice advising and informing
the water users of the region of voluntary conservation measures that are requested
immediately and required drought management measures to be taken should the
Reservoir System Storage fall to under 40% and/or 30% of total system storage
capacity. To the extent of its legal authority, the City of Corpus Christi shall require
its wholesale customers to issue public notice advising and informing the water users
of the region of voluntary conservation measures that are requested immediately and
required drought management measures to be taken should the Reservoir System
Storage fall to under 40% and/or 30% of total system storage capacity.
(2)
In any month when Reservoir System Storage is less than 40%, but equal to or Kreater
than 30% of total system storage capacity, the City of Corpus Christi shall implement
time of day outdoor watering restrictions and shall reduce targeted inflows to Nueces
5
Jimmy Bray - Corpus. Choke. 1995 TNRCC ORDER rev 2-23-01 .wpd Page 6
Bay to 1,200 acre-feet per month (1,200 acre-feet per month represents the quantity of
water that is the median inflow into Lake Corpus Christi during the drought of -'
record). Time of day outdoor watering restrictions prohibit lawn watering between
the hours of 10:00 o'clock a.m. and 6:00 o'clock p.m. and are subject to additional
conditions as described in the CiW of Corpus Christi's approved "Water Conservation
and Drought Contingency Plan ("Plan")." To the extent of its legal authority, the
of Corpus Christi shall require its wholesale customers to implement time of day
outdoor watering restrictions similar to those of the City.
(3) In any month when Reservoir System Storage is less than 30% of total system storage
capacity, the City of Corpus Christi shall implement a lawn watering schedule in
addition to time of day outdoor watering restrictions (see subparagraph 2.b.(2)) and
shall suspend the passage of inflow from the Reservoir System for targeted inflows to
Nueces Bay. However, return flows directed into Nueces Bay and/or the Nueces
Delta shall continue. The lawn watering schedule shall allow customers to water
lawns no oftener than every five days, subject to the time of day restrictions described
in subparagraph 2.b.(2) and any additional conditions as described in the City's Plan.
.(~ Certificate Holders' rights to obtain whole or partial suspension of the passage of
inflow through the reservoir is contingent upon the City implementing, and
requiring its customers to implement, water conservation and drought management
measures at ~-~ ~^"~'~ ^c ~ ..... ~,. ......... * ~'~ diminished Reservoir System
levels, as set forth in subparagraphs b.(2) and b.(3) ~.(I) and b.(2).
c. For purposes of this Agreed Order, Reservoir System storage capacity shall be determined
by the most recently completed bathymetric survey of each reservoir. As of 2001,
completed bathymetric surveys of each reservoir reports conservation storage capacities
6
Jimmy Bray - Corpus. Choke.1995 TNRCC ORDER rev 2-23-01 .wpd Page 7
of 695,271 acre-feet (below 220.5 feet mean sea level) for Choke Canyon Reservoir
(Volumetric Survey of Choke Canyon Reservoir, TWDB September 23, 1993) and 24
241 acre-feet (below 94 feet mean sea level) for Lake Corpus Christi (Regional Water
Supply Planning Study-Phase I Nueces River Basin, HDR, December, 1990)." ......
Percentage of the Reservoir System capacity shall be determined on a daily basis and
shall govern, in part, the inflow to be passed through the reservoir during the remaining
days of the month.
Within the first ten days of each month, the City of Corpus Christi shall submit to the
Commission a monthly report containing the daily capacity of the Reservoir System in
percentages and mean sea levels as recorded for the previous month as well as reservoir
surface areas and estimated inflows to Lake Corpus Christi assuming no impoundment of
inflows at Choke Canyon Reservoir. The report shall indicate which gages or measuring
devices were used to determine Reservoir System capacity and estimate inflows to Lake
Corpus Christi.
To gain the benefits of subparagraphs 2.b.(1) throuv, h 2.b.(3), the City shall:
1. Acquire ownemhip of properties necessary to re-open the Nueces
River Overflow Channel and make the Nueces River Overflow Channel and Rincon
Bayou Overflow Channel permanent features of the Rincon Bayou Diversion;
2. Construct and operate a conveyance facility to deliver up to 3,000 acre-feet per month
of required Reservoir System "pass-throughs" directly from the Calallen Pool into the
Upper Rincon Bayou; and
3. Implement an on-going monitoring and assessment program designed to facilitate an
"adaptive management" program for freshwater inflows into the Nueces Estuary.
(Some additional clarification should provided regarding the monitoring and
assessment program.)
4. Construction necessary to implement subparagraph 2.f.l.shall be accomplished by
December 31, 2001 and work necessary to accon~plish subparagraph 2.f.2. shall be
accomplished by December 31, 2002.
Jimmy Bray - Corpus. Choke.1995 TNRCC ORDER rev 2-23-01 .wpd Page 8
5. In the event the City fails to timely complete the work set forth in subparagraphs 2.f. 1.
and 2.f. 2., the provisions of the Agreed Order of April 28, 1995 shall become operative
despite this amendment, unless the Executive Director grants a modification after
considering the recommendations of the Nueces Estuary Advisory Council.
g. The executive Director is delegated authority to make modifications to subparagraph
2.f., after considering the recommendations of the Nueces Estuary Advisory Council.
However, changes may be made through this process only with the City's consent if the
changes result in increased costs to the City.
The City of Corpus Christi, with the assistance and/or participation of federal, state and
local entities, shall maintain a monitoring program to assess the effect of this operating
plan on Nuecas Bay. The cornerstone of this program is the development of a salinity
monitoring program. The program shall include at least two monitoring stations, one in
upper Nueces Bay (Lat. 27°51'02'', Long. 97028'52'') and one in mid Nueces Bay (Lat.
27°51'25", Long. 97°25'28") with the capability of providing continuous salinity and/or
conductivity data, temperature, pH, and dissolved oxygen levels. Additional stations may
be established at the recommendation of the Advisory Council (continued by paragraph 4
of this Agreed Order) to assess inflow effects throughout the estuarine system, but the
City shall not be obligated to establish such additional stations except to the extent
authorized by its City Council.
b. The City of Corpus Christi or its designated representatives shall monitor salinity levels
in Upper and Mid-Nueces Bay. The lower (SLB) and upper (SUB) salinity bounds (in
parts per thousand-ppt) developed for application of the Texas Estuarine Mathematical
Programming Model and considered appropriate for use herein, are as follows:
SLB SUB SLB SUB
January 5 30 July 2 25
February 5 30 August 2 25
March 5 30 September 5 20
April 5 30 October 5 30
May 1 20 November 5 30
June 1 20 December 5 30
When the average salinity for the third week (the third week includes the seven days from
the 15th through 21st) of any month is at or below the subsequent month's established
SLB for upper Nueces Bay (Lat. 27°51'02", Long. 97°28'52"), no releases from the
Jimmy Bray - Corpus. Choke.1995 TNRCC ORDER rev 2-23-01 .wpd Page 9
Reservoir System to satisfy targeted Nueces Bay inflow mounts shall be required for that
subsequent month. ~
All data collected as a result of the monitoring program required by paragraph 3 of this
Agreed Order shall be submitted monthly to the Commission within the first ten days of
the immediately following month. The Nueces Estuary Advisory Council shall study the
feasibility of developing a method of granting credits for inflows which exceed the
required amounts to replace the credits that are set out in subparagraph 1 .e.(I) and make
recommendations to the Commission for possible implementation. That method shall
have as its goal the maintenance of the proper ecological environment and health of
related living marine resources and the provision of maximum reasonable credits towards
monthly inflow requirements.
4. a. To assist the Commission in monitoring implementation of this Order and making
recommendations to the Commission relating to any changes to this Agreed Order and the
establishment of future operating procedures, the Nueces Estuary Advisory Council shall
be continued. Its members shall include, but are not limited to a qualified representative
chosen by each of the following entities or groups: the Executive Director of the Texas
Natural Resource Conservation Commission, whose representative shall serve as chair;
the Texas Water Development Board; the Texas Parks and Wildlife Department; the
Texas Department of Health; the General Land Office; the holders of Certificate of
Adjudication No. 21-3214 (the Cities of Corpus Christi and Three Rivers and the Nueces
River Authority; the University of Texas Marine Science Institute; Texas A&M
University - Corpus Christi; Save Lake Corpus Christi; Corpus Christi Chamber of
Commerce ' ' ; the City of Mathis; Coastal Bend Bays and
Estuaries Program, Inc,; a commemial bay fishing group; a conservation group (e.g. the
Sierra Club and o~ the Coastal Bend Bays Foundation); wholesale water suppliers who
are customers of the Certificate Holders (e.g., the South Texas Water Authority and the
San Patricio Municipal Water District); the Port of Corpus Christi Authority; and a
representative of industry. The representatives should have experience and knowledge
relating to current or future water use and management or environmental and economic
needs of the Coastal Bend area.
b. No modification shall be made to this Order without the unanimous consent of the
Certificate Holders, except to the extent provided by law.
c. Matters to be studied by the Nueces Estuary Advisory Council and upon which the
Executive Director shall certify recommendations to the Commission shall include, but
are not limited to:
(1) the effectiveness of the inflow requirements contained in this Agreed Order on
Nueces Estuary and any recommended changes;
9
Jimmy Bray - Corpus. Choke. 1995 TNRCC ORDER rev 2-23-01 .wpd Page 10
(2) the effect of the releases from the Reservoir System upon the aquatic and wildlife
habitat and other beneficial and recreational uses of Choke Canyon Reservoir and
Lake Corpus Christi;
(3) the development and implementation of a short and long-term regional water
management plan for the Coastal Bend Area;
(4) the salinity level to be applied in Paragraphs I.e. and 3.c., at which targeted inflows m
the subsequent month may be suspended;
(5) the feasibility of discharges at locations where the increased biological productivity
justifies an inflow credit computed by multiplying the amount of discharge by a
number greater than one; and development of a methodology for granting credits for
inflows which exceed the required amount to replace the credits that are set out in
subparagraph 1 .e. That methodology shall have as its goal the maintenance of the
proper ecological environment and health of related living marine resources and the
provision of maximum reasonable credits towards monthly inflow requirements; and,
(6) any other matter pertinent to the conditions contained in this Agreed Order.
5. This Agreed Order shall remain in effect until amended or superseded by the Commission.
Issued date:
TEXAS NATURAL RESOURCE
CONSERVATION COMMISSION
10
Technical Information Regarding
City of Corpus Christi Water Supply
and
Freshwater Inflows to the Nueces Estuary
Prepared for
Nueces Estuary Advisory Council
HDR Engineering, Inc.
March 6, 2001
250000
200000
150000
U
10
}
E 100000
LL
50000
0
City of Corpus Christi's Firm Water Supply Summary
with Workgroup Proposal
CCR/LCC System CCR/LCC System CCR/LCC System
Firm Yield Firm Yield Firm Yield
w/1995 Agreed Order w/1995 Agreed Order w/ Workgroup Proposal
and Lake Texana Water and Lake Texana Water
I Z March 6, 2001 Page 2
C a6ed 1,0M,9 4ojeW
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10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Percentage of Time System Storage is Greater Than or Equal To (%)
H March 6, 2001 Page 4
Assumptions:
130,000 acft/yr Demand
Phase IV (Max. Yield) Policy
Max H
2010 Sediment Accumulation
70%'System
Storage
m
IE
Min Q
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—Without Texana, 1995 Agreed Order
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—With Texana, Workgroup Proposal
10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Percentage of Time System Storage is Greater Than or Equal To (%)
H March 6, 2001 Page 4
100.00
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1993
FDI
CCR/LCC System Storage Trace
1990's Drought
1994 1995 1996 1997 1998
Years
March 6, 2001
Page 5
Median Monthly Nueces Bay Inflow
With Workgroup Proposal
0
Jan Feb Mar Apr
23,500
■ Without Texana Pumpage (1995 Order)
❑ With Texana Pumpage (1995 Order)
®Workgroup Proposal With Texana Pumpage
23,000 23,000 Agreed Order Min Q Monthly Targets
11,500
■ M1 9,000
4,500 5,000
May Jun Jul Aug Sep
Months
4,500
'1,000
Oct Nov Dec
Im March 6, 2001 Page 6
30000
Assumptions:
130,000 acft/yr Demand
Phase IV (Max. Yield) Policy
25000
2010 Sediment Accumulation
0
E
!
20000
U
N
3
0
C
15000
T
R
m
N
cLi
10000
d
Z
5000
3,500
a,soo - `---
0
Jan Feb Mar Apr
23,500
■ Without Texana Pumpage (1995 Order)
❑ With Texana Pumpage (1995 Order)
®Workgroup Proposal With Texana Pumpage
23,000 23,000 Agreed Order Min Q Monthly Targets
11,500
■ M1 9,000
4,500 5,000
May Jun Jul Aug Sep
Months
4,500
'1,000
Oct Nov Dec
Im March 6, 2001 Page 6
AN ORDINANCE
AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI,
BY REVISING ARTICLE XII, WATER CONSERVATION, OF CHAPTER 55,
UTILITIES, TO ESTABLISH AUTOMATIC CONSERVATION MEASURE~
TO CODIFY THE RULES GOVERNING DROUGHT CONTINGENCIES AND
ESTABLISHING PERMANENT WATER CONSERVATION MEASURES,
AND TO DIRECT AN OPERATIONS PLAN FOR THE RESERVOIR
SYSTEM; AMENDING THE WATER CONSERVATION AND DROUGHT
CONTINGENCY PLAN BY DELETING THE REFERENCES TO SPECIFIC
RESERVOIR LEVELS IN SECTION 2.1 OF THE DROUGHT
CONTINGENCY PLAN; AMENDING THE WATER CONSERVATION AND
DROUGHT CONTINGENCY PLAN BY REPEALING SECTION 2.2 OF THE
DROUGHT CONTINGENCY PLAN; REVISING AND CLARIFYING OTHER
PROVISIONS OF ARTICLE Xll OF CHAPTER 55; PROVIDING FOR
PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR
PUBLICATION.
WHEREAS, on April 28, 1995, the Texas Natural Resoume Conservation Commission
issued an Agreed Order amending the operational procedures and continuing an
Advisory council pertaining to Special Condition 5.B., Certificate of Adjudication No. 21-
3214; and
WHEREAS, from 1995 to 1999 the United States Bureau of Reclamation operated the
Rincon Bayou Demonstration Project to evaluate the feasibility of increasing water
exchange between the Nueces dver tidal segment and the Upper Rincon Bayou, and
the Bureau's Concluding Report documented positive effects on the Rincon Bayou and
upper Nueces River Delta; and
WHEREAS, the Rincon Bayou Demonstration Project and evidence from other studies
over the years suggested an opportunity to: (1) better manage the limited resoumes of
the Nueces river Basin for the benefit of the Nueces Estuary, and (2) at the same time
supplement municipal and industrial water supplies for the Corpus Christi area by
increasing the annual firm yield of the Lake Corpus Christi/Choke Canyon Reservoir
System; and
WHEREAS, on January 17, 2001, the City of Corpus Christi and the Nueces River
Authority presented a proposal to the Nueces Estuary Advisory Council to accomplish
said purposes of benefitting the estuary and increasing water supplies; and
WHEREAS, the Nueces Estuary Advisory Council ("NEAC")appointed a Working Group
to oversee development of a detailed implementation plan for the proposal, including
representatives of the City of Corpus Christi, the Nueces River Authority, the Coastal
Bend Bays and Estuaries Program; the Coastal Bend Bays Foundation, the Sierra Club,
the Center for Coastal Studies of Texas A&M University - Corpus Chdsti, Environmental
Defense, the Port Industries of Corpus Chdsti, and the Texas Parks and Wildlife
Department; and
R13717A5.wpd
2
WHEREAS, after several meetings and much deliberation, the Working Group reached
consensus on an implementation plan for Rincon diversion and amendments to the
1995 Agreed Order; and --
WHEREAS, on March 6, 2001, the full Nueces Estuary Advisory Council considered the
implementation plan developed by the Working Group and reached consensus in favor
of the plan; and
WHEREAS, the plan includes the automatic implementation of certain specified
conservation measures by the City of Corpus Christi and the contemporaneous
automatic reduction of the City's obligation to pass through certain quantities of water at
specified reservoir levels under the Agreed Order; and
WHEREAS, the implementation of other drought management measures is left to the
discretion of the City Council in light of circumstances existing at the time; and
WHEREAS, on motion of the City of Corpus Christi and the Nueces River Authority the
consensus plan is being presented to the Texas Natural Resource Conservation
Commission, requesting its approval for necessary amendments to the Agreed Order;
and
WHEREAS, the automatic conservation measures included in the NEAC consensus
plan should be assimilated into the City of Corpus Christi Conservation Plan, subject to
TNRCC approval of necessary changes to the Agreed Order; and
WHEREAS, portions of the existing City of Corpus Christi Drought Contingency Plan,
approved as Part 2.2 of the Water Conservation and Drought Contingency Plan for
Corpus Christi in City Code Section 55-156 (Ordinance No. 023740 - August 24, 1999),
should be codified for purposes of clarity and accessibility, and numbering and
clarification changes should be made to Pa~t 2.1 of the Plan and to Article XII, Chapter
55 of the City Code of Ordinances.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. Article Xll of Chapter 55, Utilities, is revised to read as follows:
ARTICLE Xll. WATER CONSERVATION
Sec. 55-150. Scope, purpose and authorization.
(a) Scope. There is hereby established a City of Corpus Chdsti Water Conservation
Plan.
(b) Declaration of policy.
R13717A5.wpd
3
(1) It is hereby declared that the general welfare requires that the water
resoumes available to the city be put to the maximum beneficial use to the extent
to which they are capable, and that the waste or unreasonable use, or -
unreasonable method of use of water be prevented, and the conservation of such
water is to be extended with a view to the reasonable and beneficial use thereof
in the interests of the people of the area served by the city's water resources and
for the public welfare.
(2) In making decisions under this article concerning the allocation of water
between conflicting interests, highest priority will be given to allocation necessary
to support human life and health; i.e., the minimum amount of water necessary
for drinking, prevention of disease, and the like. Second highest pdority will be
given to allocations which will result in the least loss of employment to persons
whose income is essential to their families.
(c) Authorization. The City Manager, or his designee, upon the recommendation of the
.... Assistant City Manaqer, Public Works and Utilities, is hereby
authorized and directed to implement the applicable provisions of this article upon their
determination that such implementation is necessary to protect the public welfare and
safety.
Se¢;-55-~1~-. Sec. 55-151~ Water conservation and drought contingency plan.
(a)-The Water Conservation and Drought Contingency Plan for Corpus Christi, dated
August 24, 1999, a true copy of which is on file in the office of the city secretary, is
adopted, and shall be followed in matters concerning water conservation, drought
management, and water supply enhancement programs.
(b) The city manager shall pursue a water well leasing program to obtain and maintain
sufficient leased acreage to produce at least sixty million (60,000,000) gallons per day
of groundwater to supplement surface supplies, as needed.
Sec. 55-152. Automatic water conservation measures.
(a) When combined storaqe in the Choke Canyon/Lake Corpus Christi Reservoir
System ("Reservoir System Storaqe") falls below 50% of Reservoir System Storaq~,
capacity, the City Manaqer shall issue a public notice informinq water users of th~.
Corpus Chdsti water supply reqion of voluntary conservation measures that am
requested immediately and required drouqht management measures that must be taken
if the amount of water in the reservoirs falls to under 40% of Reservoir System Storaqe
capacity and when the amount of water in the reservoirs falls to under 30% of Reservoir
System Storaqe capacity.
R13717A5.wpd
4
(b) To the extent of the City's leqal authority, the City Manaqer shall require the City's
wholesale customers to issue public notice advisinq their water customers of voluntarV
conservation measures that are requested immediately and required drouqht -
manaqement measures that must be taken if the amount of water in the reservoirs falls
to under 40% of the Reservoir System Storaqe capacity and when the amount of water
in the reservoirs falls to under 30% of the Reservoir System Storaqe capacity.
(c) As soon as practicable after the City Manaqer's determination that Reservoir System
Storage has fallen below 40% of Reservoir System Storage capacity, the City Manaqer
shall publish notice in a daily newspaper of qeneral circulation in Nueces County that
the amount of water in storaqe has fallen below 40% of Reservoir System Storaqe
capacity. From the date of publication of the notice until the date the notice is rescinded
by the City Manaqer, no person may use water for irriqation of veqetation between th~,
hours or 10:00 a.m. and 6:00 p.m.
(d) It shall be a defense to prosecution of a violation under subsection(c) of this section
that the use of water was for one of the followinq purposes and the City Manaqer had
specifically authorized the use of water for the purpose on the date of the violation:
(1) The water was used, at the minimum rate necessary, for the establishment
and maintenance of commercial nursery stock and applied usinq:
a. A hand held hose equipped with a positive shutoff nozzle.
b. A s~stem.
c. A drip irriqation system equipped with an automatic shutoff device.
d. A soaker hose, which does not spray water into the air, equipped with
an automatic shutoff device.
e. A root feeder equipped with an automatic shutoff device.
f. A hand held bucket or waterinq can.
(2) Wastewater treatment plant effluent, qraywater, well water (which is not
mixed with any water from the City's water supply), or other water not obtained
from the City water system was used, if a permit was obtained from the City
Manaqer and a siqn was posted statinq that the water used for irriqation is
wastewater effluent, qraywater, water from a permitted private well, or water that
was not obtained from the City's water supply.
(3) The water was used for short pedods of time for testinq related to the
installation, maintenance, and repair of sprinkler systems.
R13717A5.wpd
5
(4) The water was used for irrigation of veqetation on a larqe parcel of land or
unique botanical institution, such as the Corpus Christi Botanical Gardens and
Blucher Nature Center, in conformance with a special waterinq plan, speeificall¥
approved for that parcel by an official desiqnated by the City Manaqer. The
official approvinq any special waterinq plan shall ensure that the plan achieves
similar water conservation qoals to the mandatory conservation measures
applicable to other customers under this subsection.
(e) As soon as practicable after the City Manaqer's determination that the amount of
water in the reservoirs has fallen below 30% of Reservoir System Storaqe capacity, the
City Manager shall publish notice in a daily newspaper of qeneral circulation in Nueces
County that the amount of water in reservoirs has fallen below 30% Reservoir System
storaqe capacity and publish a lawn waterinq plan that allows customers to water lawns
no more often than every five days, while maintaininq the prohibition on usinq water for
irdqation between 10:00 a.m. to 6:00 p.m.
(t') From the date of publication of the notice and plan, until the date the notice and plan
are rescinded by the City Manaqer, no person may use water for irriqation of a lawn,
except on a day lawn water is authorized under the lawn watering plan.
(q) It shall be a defense to prosecution of a violation under subsection (f) of this section
that the use of water was for one of the followinq purposes and the City Manaqer had
specifically authorized the use of water for the purpose on the date of the violation:
(1) The water was used, other than durinq the hours between 10:00 a.m. and
6:00 p.m., for irriqation, at the minimum rate necessary, for the establishment of
newly planted lawns within thirty (30) days of plantinq.
(2) Wastewater treatment plant effluent1 qraywater, well water (which is not
mixed with any water from the City's water supply), or other water not obtained
from the City water system was used, if a permit is obtained from the City
Manaqer and a siqn is posted statinq that the water used for irdqation is
wastewater effluent, qraywater, water from a permitted private well, or water that
was not obtained from the City's water supply.
(3) The water was used, other than dudnq the hours between 10:00 a.m. and
6:00 p.m., for irriqation, at the minimum rate necessary, for maintenance of qolf
course qreens and tee boxes.
(4) The water was used for irriqation on a larqe parcel of land or unigue botanical
institution, such as the Corpus Chdsti Botanical Gardens and Blucher Nature
Center, in conformance with a special watering plan, specifically approved for
that parcel by an official designated by the City Manager. The official approving
any special watering plan shall ensure that the plan achieves similar water
conservation goals to the mandatory conservation measures applicable to other
customers under this subsection.
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(h) This section shall only be effective at any time the City is entitled, under to Order ur
the Texas Natural Resource Conservation Commission under Certificate of Adiudicatio,.~
No. 21-3214, to (1) reduce tarqeted inflows of water to Nueces Bay to 1200 acr~feet
when Reservoir System Storaqe falls below 40% of capacity, and 2) suspend tarqeteH
inflows below 30% of capacity.
2.2 .?, ~,,,,~,~,,~,,,,, ,,,,d ,~§;;;;:~c,~, o, ~J-=~ Sec. 55-153. Water conservation
measures..
(a._[.) The Assistant City Manager for Public Works and Utilities shall promulqat~
guidelines, which shall set forth the cdteria for determininq when a particular water
conservation stage is to be implemented and terminated.
(1) The quidelines shall be updated when, in the opinion of tbs D:,r~ctor Assista. I
City Manaqer for Public Works and Utilities, the conditions of the water system
have chanqed so as to necessitate such update.
(2.~__The quidelines shall be published and filed in the office of the~,,~,.,,~,~': ..... · ,~;'
' "='='=-- ~'-- ~'--'=~- 2 I CityS ry
· ~,,,,,,*o- ,~* ,-,~,~,,,~,, · ecreta .
('b)_~The use or withdrawal of water from the water suDDIv sYstem of the city for thn
followinq purposes or uses is hereby requlated durinq any period of water shortagn
commencing w th the promulqation of water conservation quidelines by the D:r~c:c~r ~f
Assistant City Manaqer for Public Works and Utilities and implementation of s~ tho
guidelines by the City Manaqer and continuinq until such water conservation measure~
are no Ionqer deemed necessary by the City Manaqer in accordance with thn
guidelines.
~-. (1) Condition I -- Water Shortaqe Possibility.
a. Upon implementation by the City Manaqer, customers of the water
system of the City of Corpus Chdsti are requested throuqh the new~
media announcements and utility bill inserts to voluntarily conserve and
limit their use of water and shall comply with the following restrictions on
the use of water for irriqation of veqetation. All municipal operations am
placed on mandatory conservation.
b. Water for irriqation of veqetation may be used only on such day or day~
of each week, other than between the hours of 10:00 a.m. and 6:00 p.m.,
based on street numbers, as may be desiqnated by the city manaqer, c.
However, any person may raise as a defense to prosecution for violation
of this section the fact that the use of water for the followinq purposes hah
been specifically authorized by the City Manaqer, if the City Manaqer had
actually authorized the use of water for that purpose on the date of th~
violation:
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7
1. The water was used, other than during the hours between 10:0(3
a.m. and 6:00 p.m., for irriqation, at the minimum rate necessary,
for the establishment and maintenance of flower qardens, -
ve.qetable gardens, fruit qardens, trees, and shrubs, or plants in
containers, and applied using:
i. A hand held hose equipped with a positive shutoff no~l-
ii. A drip irriqation system equipped with an automatic,
shutoff device.
iii. A soaker hose, which does not spray water into the air,
equipped with an automatic shutoff device.
iv. A root feeder equipped with an automatic shutoff device.
v. A hand held bucket or waterin.q can.
2. The water was used at any hour for irriqation, at the minimum
rate necessary, for the establishment and maintenance of
commercial nursery stock and applied using:
i. A hand held hose equipped with a positive shutoff
ii. A s_prinkler system.
iii. A drip irrigation system equipped with an automatic
shutoff device.
iv. A soaker hose, which does not spray water into the air,
equipped with an automatic shutoff device.
v. A root feeder equipped with an automatic shutoff device.
vi. A hand held bucket or waterinq can.
3. The water was used, other than durinq the hours between 10:0(3
am. and 6:00 p.m., for irrigation, at the minimum rate necessary, for
the establishment of newly planted lawns and plant materials within
thirty (30) days of planting, water used for this purpose may b~
applied by any means.
4. Wastewater treatment plant effluent, qraywater, well water
(which is not mixed with any water from the City's water supply), or
other water not obtained from the City water system was used, may
be used at any hour, if a permit is obtained from the City Manager
8
and a siqn is posted statinq that the water used for irdqation i~
wastewater effluent1 qraywater, water from a permitted private well,
or water that was not obtained from the City's water supply.-
5. The water was used, other than durinq the hours between 10:00
a.m. and 6:00 p.m., for irdqation, at the minimum rate necessary,
for maintenance, of qolf course qreens and tee boxes.
6. The water was used at any hour for short periods of time for
testinq related to the installation, maintenance, and repair of
s_pdnkler s~tems.
7. The water was used for irdqation of veqetation on a larqe parcol
of land or unique botanical institutions, such as the Corpus Chdsti
Botanical Gardens and Blucher Nature Center, in conformance with
a special watering plan, specifically approved for that parcel by an
official desiqnated by the City Manaqer. The official approving any
special waterinq plan shall ensure that the plan achieves similar
water conservation goals to the mandatory conservation measure~
applicable to other customers under this section.
c.__ln the event the premises have no number, application shall be made.
to the city buildinq official for the assiqnment of a number to such
premises and such premises shall thereafter bear the number sn
assigned. Such day or days may be chanqed by further directive of thp.
city manaqer. In the event any premises do not have a number at the timn
of the occurrence of any violation under this article, the premises shall bo
in the category of premises with street numbers endinq in zero. N(~
person or customer shall cause or permit water to run or waste in any
gutter or otherwise.
B. (2) Condition II - Water Shortaqe Watch
a. Upon implementation by the City Manaqer, and publication of notice,
the followinq restrictions shall aDDIv to all Demons and the withdrawal of
water from the system (potable water) for the followinq purposes or use~
is hereby prohibited. The City Manaqer, in the exercise of his discretion
based upon quidelines established by the Assistant City Manqer for
' Works and Utilities, may implement any or all of those
elements of Condition II as are deemed necessary at any particular time.
All elements of Condition I shall remain in effect in Condition II.
1. The sprinklinq or watednq of veqetation is prohibited; provided,
however, the City Manaqer may authorize waterinq of vegetation an
follows:
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9
i. The watering of trees; shrubbery; annual, biennial or
perennial plants; vines; qardens; vegetables and flowers with
potable water may be permitted, at the minimum rat.e--
necessary for the maintenance of plants, through the mean~
of a hand held hose equipped with a positive shutoff nozzle,
a drip irriqation system, a root feeder equipped with an
automatic shutoff device, a soaker hose, which does nnt
spray water into the air and is equipped with an automatic,
shutoff device, a hand held bucket or watednq can, or R
sprinkler system which is either attended threuqhout its us~.
or is equipped with automatic shutoff. VVhen authorized,
such watering shall be done only on even number days for
premises with an even number street address, and on odd
number days for premises with an odd number street
address or without a numbered address. VVhen such
waterinq is authorized durinq the Dayliqht Savings Tim~,
period of the year, it shall be permitted only between thP,
hours of 6 a.m. and 9 a.m. and between the hours of 6 p.m.
and 9 p.m.
ii. The watering of lawns with potable water may be
permitted once every other week on the waterinq days
desiqnated bwthe City Manager, based on the street
number, except between the hours of 10:00 a.m. and 6:00
p.m., through the means of a hand held hose equipped with
a positive shutoff nozzle, a drip irdqation system, a hand
held bucket or waterinq can, or a spdnkter system which is
either attended throughout its use or is equipped with an
automatic shutoff.
iii. Commercial nurseries shall be excepted from the
prohibition of this subparaqraph and shall be permitted to
water nursery stock with potable water, at the minimum rate
necessary to establish and maintain commercial nurser~
stock, by means of a hand held hose equipped with R
positive shutoff nozzle, a drip irrigation system, a root feeder
equipped with an automatic shutoff device, a soaker hose,
which does not spray water into the air and is equipped with
an automatic shutoff device, a hand held bucket or waterin.q
can, or a sprinkler system which is attended throughout it,~
use, is equipped with an automatic shutoff or recaptures and
recirculates irriqation water.
iv. The watednq of new lawns and plant materials with
potable water, at the minimum rate necessary for the
establishment of the newly planted vegetation, may be
10
permitted within 30 days of planting, at anv time other than
between the hours of 10:00 a.m. and 6:00 p.m., by am/
means. However, only the newly planted areas may~c
watered at times not authorized under subdivisions (i) and
(ii) of this subsection.
v. The ailowinq of water to run off yards or plants into
,qutters or streets shall be deemed a waste of water and is
prohibited.
2. The washing of automobiles, trucks, trailers, boats, airplanes and any
other type of mobile equipment is prohibited, except that individuals and
fillinq stations may wash cato or boats if they use a bucket, pail, or othcr
receptacles not larger than of 5 qallon capacity; however, an individual or
flllinq station, before or after such washinq, shall be permitted to dnse tho.
car or boat off with a hose using only a reasonable amount of water in so
doing. Commercial or automatic car wash establishment shall use
minimum practical water settinqs.
3. The washing of buildinq exteriors and interiors, trailers, trailer housc,~
and railroad cato with potable water is prohibited, except by a professional
power washing contractor or that in the interest of public health thc
Director of Public Health may permit limited use of the water as the caso
may be, includinq allowinq the use of water for the removal of qrafr~ti.
4. The permittinq or maintaininq of defective plumbinq in a home,
business establishment or any location where water is used on thc
premises. The permittinq of the wasting of any water by reason of
defective plumbinq as hereinabove mentioned shall include the existencn
of out-of-repair water closets, underground leaks, defective faucets and
taps. The permittin.q of water to flow constantly through a tap, hydrant,
valve or otherwise by any user of water connected to the City system,
shall be considered as a wasting of water and prohibited by this plan.
5. The use of fire hydrants for any purpose other than fireflqhtinq is
prohibited; except that the City Manager may permit the use of metered
fire hydrant water by the City or by commercial operators usinq iet rodding
equipment to clear and clean sanitary and storm sewers.
6. The use of potable water in ornamental fountains or in artificial
waterfalls is prohibited where the water is not roused or recirculated in any
manner.
7. The use of potable water to wash down any sidewalks, walkways,
driveways, parkinq lots, tennis courts, or other hard-surfaced area, or
R13717A5.wpd
11
buildinq or structure, except by a professional power washinq contractor,
is prohibited.
8. The use of potable water for dust control is prohibited.
9. The use of potable water by a qolf course to irriqate any portion of its
grounds s prohibited, except those areas desiqnated as tees and qreen,~
may be watered between the hours of 6 a.m. and 10 a.m. on Mondays,
Wednesdays, Fridays, and Sundays.
10. Any use of water for the purposes or in a manner prohibited in this
plan shall be deemed to be a waste of water and any person violating any
of the provisions of this plan and any person in whose name a water meter
connection is reqistered :,~, th~ D~p~,T,~t ~f,",,,,,,,.'- - ,~,,,,,,~o":" ..... w~th' the
Utilities Billinq Office, which water connection serves premis~which
a violation occurs, and proof that the particular premises have a water
meter connection reqistered in the name of the defendant named in the
complaint, shall constitute in evidence a prima facie presumption that the
person in whom such water connection was reqistered was the person
who permitted or caused the act of waste charqed to occur on the
premises.
11. Concurrently with the implementation of Condition II, the City Council
shall appoint an Allocation and Review Committee, as hereinafter
provided, for the purpose of reviewing water conservation policies and
establishing exemptions. See Section 2.2.4.
C. (3) Condition III - Water Shortaqe Waminq
a. Upon implementation by the City Manaqer and publication of notice,
the followinq restrictions shall apply to all persons. The City Manager, in
the exercise of his discretion based upon guidelines established by th~.
D~r~ct~r ~f ,"ub',i¢ Ut:,',:t:,~$ Assistant City Manaqer for Public Works and
Utilities, may implement any or all of those elements of Condition III as are
deemed necessary at any particular time. All elements of Condition II
shall remain in effect in Condition III.
1. New service connections to the City's water system am
prohibited where some other source independent of the City,s water
system is existing and in use at the time this element of Condition
III is implemented.
2. A mandatory limit of normal water use by customers without use
penalty, in amounts as determined by the City Manaqer in
accordance with quidelines established by the City Council.
R13717A5.wpd
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3. In connection with the enfomement of subsection 2, the City
Council shall establish a maximum limit beyond which water servicP.
will be terminated. _
4. The use of water to serve a customer in a restaurant, unless
requested by the customer, is prohibited.
5. The use of potable water (water obtained from the City's water
utility) for scenic and recreational ponds and lakes is prohibited.
$. The use of potable water to put new aqricultural land into
production is prohibited.
D. (4) Condition IV - Water Shortaqe Emerqency
a. Upon implementation by the City Manaqer and publication of notice,
the followin.q restrictions shall apply to all persons. The City Manaqer, in
the exercise of his discretion based upon quidelines established by the
E~re~or-o~Assistant City Manaqer of Public Works and Utilities, may
implement any or all of those elements of Condition IV as are deemed
necessary at any particular time. All elements of Condition III shall remain
in effect in Condition IV.
1. No applications for new, additional, further expanded, or
increased-in-size water service connections, meters, service lines,
pipeline extensions, mains, or other water service facilities of any
kind shall be allowed, approved, or installed except as approved b~/
the Allocation and Review Committee.
2. All allocations of water use to industrial and commercial
customers in amounts as established after consultation with the
Allocation and Review Committee.
3. The maximum monthly use for a residential c--~tnmer h~
established with revised rate schedules and penalties by the City
Council on recommendation by the Allocation and Review
Committee.
4. The City Council and City Manager shall take those actions
deemed necessary to meet the conditions resultinq from the
emerqency.
Z.-".4 Sec. 55-154. Allocation and Review Committee, e_~blishment
composition, powers, and duties.
R 13717A5.wpd
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(a) The Allocation and Review Committee shall be composed of six (6) members, the
Assistant City Manaqer for Bireetor-oFPublic Works and Utilities, the Director of Publir,
Health, a representative of industry, a representative of business and commerce;,.~
homemaker-citizen, and a citizen of the citT.
(1) The industry, business, homemaker, and citizen members shall be appointed
by the Mayor and Council and shall serve at the pleasure of the City Council.
(2) In addition, six (6) alternate members shall be appointed. Each altemato
shall serve in place of his/her respective reqular Committee member whenever
that reqular Committee member is unavailable to participate.
(3) The City Manaqer shall appoint alternates for the Assistant City Manqer for
Birector-~Public Works and Utilities and the Director of Public Health.
(4) The Mayor and Council shall appoint alternates for the industry, business,
homemaker, and citizen members of the Committee. Alternates appointed shall
have qualifications similar to those of their respective reqular member.
(5) An alternate servinq in place of a reqular Committee member shall exerciso
the same powers and have the same duties as a reqular member.
b.(.~.The Committee shall consider requests of water users for special consideration to bn
,qiven as to their respective particular circumstances and the Committee shall hear and
decide such requests and is hereby authorized to, in special cases, qrant such variancn
from the terms of this plan as will not be contrary to the public interest, where, owinq to
special conditions, a literal enforcement of the provisions of this plan will result in
unnecessary hardship, and so that the spirit of this plan shall be observed and
substantial iustice done.
(1) Should a permit for special exception be qranted by such Committee, it shall
be in effect from the time of qrantinq; provided, that the permit is prominently
posted on the premises within two (2) feet of the street number located on thc
premises.
('2) Should ;3rotest be received after the qrantinq of any such special permit, th~,
Committee shall consider the revocation of such permit and shall reconsider th~
qrantinq of such permit at a public headnq, notice of which shall have been qiven
at least one (1) day prior to the holdinq of such hearing.
(3)__After the conclusion of such hearinq, the Committee shall take such action by
way of revocation of such permit, or refusal to revoke the same, or modification
of such permit as the Committee may deem proper under the circumstances.
Sec. 55-155. Violations, penalties, and enforcement.
R13717A5.wpd
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~-. (a) Any person violatinq any provision of this Article shall be deemed quilty of ,3
misdemeanor and, upon conviction, shall be punished by a fine as provided in Section
1-6 of this Code. _
(b__~) The commission of a violation of each provision, and each separate violation thereof,
shall be deemed a separate offense, in and upon conviction thereof, shall be fined as
hereinabove provided.
(c) If any person or a second person in the same household or premises, is found guilty
o~ second violation of this plan, the D[r~c:c,; ,;f ,"::b',ic Ut[',i:[~s Water Su erintendent
shall be authorized to discontinue water service to the premises where such violation
occurs.
D. (d) Any police officer, or other city employee desiqnated by the city manaqer, may
issue a citation to a person he reasonably believes to be in violation of this article.
(e) The citation shall be prepared in duplicate and shall contain the name and addm-~-~
of the alle.qed violator, if known, the offense charqed, and shall direct him to appear in
the Corpus Christi Municipal Court no sooner than ten (10) days and no later than
twenty one (21) days of service of the citation.
(1) The alleqed violator shall be requested to sign the citation, and shall bP.
served a copy of the citation.
(2) Service of the citation shall be complete upon the attempt to g ve it to the
alleged violator, to an aqent or employee of a violator, or to a person over
fourteen (14) years of a.qe who is a member of the violator's immediate family or
is a resident at the violator's residence.
(f) The alleqed violator shall appear in municipal court to make his plea no sooner than
ten (10) days and no later than twenty one (21) days of service of the citation, and
failure to so appear shall be a violation of this article.
(a/_~A police officer may arrest for any offense under this article where permitted by state
arrest law.
(h._~_) Cases filed under this section shall be expedited and qiven preferential setting in
municipal court before all other cases.
C. (i) A person in apparent control of the property where the violation occurs or
originates shall be presumed to be the violator, and proof of facts showing apparent
control by such person of the premises and proof that the violation occurred on thn
premises shall constitute prima facie evidence that said person committed the violation,
but said person shall have the riqht to show that he did not commit the violation.
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15
.(j)._Any person whose name is on file with the Utilities Billinq Office Bepaftmerff-as the
customer on the water account for the property where the violation occurs or oriqinat~--~
shall be presumed to be the violator, and proof that the violation occurred on saki
premises shall constitute prima facie evidence that the customer committed the
violation, but said customer shall have the riqht to show that he did not commit the
violation.
(k) Parents shall be presumed to be responsible for violations of their minor children,
and proof that a child committed a violation on property within the parent' s control shall
constitute prima facie evidence that said parent committed the violation, but said parent
may be excused if he proves that he had previously directed the child not to use the
water as it was used in the violation and that the parent could not have reasonably
known of the violation.
2.2.C Sec. 55-155. Surcharqes and termination of service.
A--(a__~_) General.
1.(_~_This section is provided to implement and enforce the mandatory limits on
water usaqe called for in Condition III and IV of this drouqht continqency plan.
(2) The surcharges established herein are solely intended to requlate and deter
the use of water durinq a period of serious drouqht in order to achieve necessary
water conservation.
(3) The City Council expressly finds that the dreuqht poses a serious and
immediate threat to the public and economic health and general welfare of this
community, and that the surcharqes and other measures adopted herein am
essential to protect said public health and welfare.
(4_)__This section, and the surcharqes and measures adopted herein are purely an
exercise of the City's requlatory and police power, and the surcharqes and
connection fees herein are in no way to be considered rates for production of
revenue.
(5) AIl monies collected from surcharqes shall be placed in a special fund to b~,
used for research and development of alternative or expanded water sources for
the City of Corpus Christi and its water customers~
D. (b) Residential water customer~, who are not billed throuqh a master water meter.
(1) Residential water customers, who are billed throuqh a master water meter,
shall pay the followinq surcharqes:
1. a_:_$5.00 for the first 1,000 qallons over allocation.
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2. b__. $8.00 for the second 1,000 qallons over allocation.
3. c_:_$16.00 for the third 1,000 qallons over allocation. --
4. d__. $40.00 for each additional 1,000 qallons over allocation.
e. The surcharqes shall be cumulative.
(2) When the combined reservoir capacity is less than 20% of total capacity, the
allocation to residential customers shall be as follows:
Persons Per Household Gallons Per Month
I or 2 6,000
3 or 4 7,000
5 or 6 8,000
7 or 8 9,000
9 or 10. 10,000
11 or more 12,000
{3) In this subsection:
"Household" means the residential premises served by the customer's
meter.
"Persons per household" includes only those persons currently physiCally
residinq at the premises and expected to reside there for the entire bitlinq
period.
(4) Size of households.
a. It shall be assumed that a particular customer's household is
comprised of two (2) persons unless the customer notifies the City of ~
qreater number, on a form prescribed by the City Manaqer.
1 .___The City Manaqer sh'all qive his best effort to see that such
forms are mailed to every residential customer.
2._~lf, however, a customer does not receive such a form, it shall be
the customer's resPonsibility to qo to the City's Public-UtilitY Billinq
R13717A5.wpd
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Office and siqn the form if the customer desires to claim more than
two (2) persons.
3. New customers may claim more persons at the time of applyinq
for their water service on the form prescribed by the City Manaqer.
4. When the number of persons in a household increases so as to
place the customer in a different cateqory, the customer may notify
the City of the chanqe on such form, and the chanqe will be
implemented in the next practicable billing period.
5.__If the number of persons in a household is reduced, the
customer shall notify the City in writinq within two days.
6_:_In prescribinq the method for claiminq more than two (2)
persons, the City Manaqer shall adopt methods to insure the
accuracy of the claim.
7_~_Any person who knowinqly, recklessly, or with criminal
ne.qliqence falsely reports the number of persons in a household or
fails to timely notify the City of a reduction in the number of persons
in a household shall be fined not less than $200.
C. (c) Residential customers who are billed from a master water meter.
(1) VVhen the combined reservoir capacity is less than 20% of total capacity, a
residential customer billed from a master water meter,_ which iointly measures
water to multiple permanent residential dwellinq units (for example, apartments,
mobile homes)_, shall be allocated 6,000 qallons for each dwellinq unit.
(2) Number of dwellinq units assiqned to a master water meter.
a..~. It shall be assumed that such a customer's meter serves two dwellinq
units unless the customer notifies the City of a qreater number, on a form
prescribed by the City Manaqer.
b.__The City Manaqer shall qive his best effort to see that such forms are
mailed to every such customer.
c_.lf, however, such customer does not receive such a form, it shall be the
customer's responsibility to qo to the City's P;:b:',c Utility Billing Office and
sign the form if the customer desires to claim more than two dwel ngs
d._~A dwellinq unit may be claimed under this provision whether it is
occupied or not. New customers may claim more dwellinq units at the
R13717A5.wpd
18
time of applyinq for their water service on the form prescribed by the City
Manacier.
e_.~_lf the number of dwellinq units served by a master meter is reduced,
the customer shall notify the City in writinq within two days.
f. In prescribinq the method for claiminq more than two dwellinq units, tho
City Manaqer shall adopt methods to insure the accuracy of the claim.
(l__. Any Demon who knowinqly, recklessly, or with criminal neqliqenc~.
falsely reports the number of dwellinq units on a meter or fails to notify thc
City of a reduction in the number of dweilinq units on a meter shall bn
fined not less than$200.
(3) In this subsection, "person" includes individuals, partnershiPs, associations,
corporations, and all other leqal entities.
(4) Residential customers billed from a master meter under this provision shall
pay the followinq monthly surchar.qes
$5.00 for each 1,000 qallons over allocation up throuqh 1,000
.qallons for each dwellinq unit.
$8.00, thereafter, for each additional 1,000 cia Ions over allocation
up throuqh a second 1,000 cia ons for each dwellinq unit.
$16.00, thereafter, for each additional 1,000 qallons Over allocation
up throuqh a third 1,000 qallons for each dwellinci unit.
4_. $40.00, thereafter, for each additional 1,000 gallons over allocation.
Examples of applications of the surcharqe formula are as follows:
Apartment complex contains 100 units. Allocation is 600,000
gallons (hvDothetica/l¥~:
Usaqe is 610,000 qallons. Surcharqe is $50.00, computed
as follows: 10 thousands of qallons at $5.00 each.
Usaqe is 710,000 qallons. Surcharqe is $580, computed a.~
follows: 100 thousands of qa/lons at $5.00 each plus 10
thousands of qallons at $8.00 each.
Usaqe is 910,000 qa/lons. Surcharqe is $3,300, computed
as follows: 100 thousands of qa/lons at $5.00 each, plu,~
100 thousands of qallons at $8.00 each, plus 100 thousand,~
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19
of qallons at $16.00 each, plus 10 thousands of gallons at
$40. O0 each.
D. (d) Nonresidential commercial customer, other than an industrial customer, whn
uses water for processin,q.
(1)A monthly water usaqe allocation shall be established by the City Manaqer or
his desiqnee for each nonresidential commercial customer, other than an
industrial customer, who uses water for processing.
(2) Method of establishinq allocation.
a~. When the combined reservoir capacity is less than 20% of total
capacity, the nonresidential commercial customer's allocation shall bP.
approximately 75 percent of the customer' s usaqe for the correspondin.q
month's billinq period ~urinq previous 12 months.
b_:._lf the customer's billinq history is shorter than 12 months, the monthly
averaqe for the period for which there is a record shall be used for any
monthly period for which no history exists.
c.__Provided, however, a customer, 75 percent of whose monthly usaqe i.~
less than 6,000 qallons, shall be allocated 6,000 qallons.
d..__The City Manaqer shall qive his best effort to see that notice of each
nonresidential commercial customer's allocation is mailed to such
customer.
e.g..If, however, the customer does not receive such notice, it shall be thc
customer's responsibility to contact the City' Utilities Billinq Office tn
determine the allocation, and the allocation shall be fully effective
notwithstandinq lack of receipt of wdtten notice.
f.__Upon request of the customer or at the initiative of the City Manaqer,
the allocation may be reduced or increased,
(1) if the desi.qnated pedod does not accurately reflect the
customer's normal water usage,
(2) if one nonresidential customer agrees to transfer part of its
allocation to another nonresidential customer, or
(3) if other objective evidence demonstrates that the des .qnated
allocation is inaccurate under present conditions.
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2O
q.A customer may appeal an allocation established hereunder to tho
Water Allocation and Review Committee on qrounds of unnecessary
hardship. _
I-. (e) Industrial customers, who use water for processing.
('1) A monthly water usaqe allocation shall be established by lhe City Manager or
his desiqnee for each an industrial customer, which uses water for processing
(e.g., an industrial customer).
(2) Method of establishinq allocation.
a~. VVhen the combined reservoir capacity is less than 20% of total
capacity, the industrial customer allocation shall be 90 percent of th~
customer' s water usaqe baseline.
b._~Three months after the initial imposition of the allocation for industrial
customers, the industrial customer's allocation shall be further reduced tn
85% of the customer's water usage baseline.
c. The customer's water usaqe baseline will be computed on the average
water usaqe for the thirty six month period endinq prior to the date of
implementation of Condition II.
d. If the customer's billinq history is shorter than 36 months, the monthly
averaqe for the period for which there is a record shall be used for any
monthly period for which no history exists.
e. The City Manaqer shall clive his best effort to see that notice of each
industrial customer's allocation is mailed to such customer.
f._lf, however, the customer does not receive such notice, it shall be thP,
customer's responsibility to contact the City Utilities Billinq Office to
determine the allocation, and the allocation shall be fully effective
notwithstandinq lack of receipt of written notice.
q. Upon request of the customer or at the initiative of the City Mana.qer,
the allocation may be reduced or increased, if:
1. The desiqnated pedod does not accurately reflect the
customer's normal water usaqe because customer had shutdown
major processinq unit for overhaul during the period.
2. The customer has added or is in the process of adding
siqnificant additional processinq capacity. Only additional capacity
R13717A5.wpd
21
that was under contract and publicly announced prior to the
implementation of Condition II should be considered.
3. The customer has shutdown or siqnificantly reduced th~.
production of a major processinq unit.
4. The customer has previously implemented siqnificant permanent
water conservation measures.
5. The customer aqrees to transfer part of its allocation to another
industrial customer.
6. Other objective evidence demonstrates that the desiqnated
allocation is inaccurate under present conditions.
h. A customer may appeal an allocation established under this provision
to the Water Allocation and Review Committee on qrounds of
unnecessary hardship.
I-. fl.(_~_Nonresidential commercial and industrial customers shall pay the followinq
surcharges:
(1) Customers whose allocation is 6,000 qallons throuqh 20,000 qallons per
month:
a. $5.00 per 1,000 qallons for the first 1,000 qatlons over allocation.
b. $8.00 per 1,000 .qa ons for the second 1,000 qallons over allocation.
c. $16.00 per 1,000 qallons for the third 1,000 qallons over allocation.
d. $40.00 for each additional 1,000 qallons over allocation.
e. The surcharqes shall be cumulative.
Customers whose allocation is 21,000 qallons per month or more:
a. One times the block rate for each 1,000 qallons in excess of the
allocation up throuqh 5 percent above allocation.
b. Three times the block rate for each 1,000 gallons from 5 percent
throuqh 10 percent above allocation. -
c. Five times the block rate for each 1,000 qallons from 10 percent
throu.qh 15 percent above allocation.
R13717A5.wpd
22
d. Ten times the block rate for each 1,000 qalions more than 15 percent
above allocation.
e. The surcharqes shall be cumulative.
f. As used herein, "block rate" means the charqe to the customer per
1,000 qallons at the regu ar water rate schedule at the level of the
customer's allocation.
C. (q) Nonresidential customer is bi~led from a master meter.
~1__~ VVhen a nonresidential customer is billed from a master meter which jointly
measures water to multiple residential dwell n.q un ts (for example: apartments,
mobile homes), the customer may pass alonq any surcharqes assessed under
this plan to the tenants or occupants, provided that'
1. a~. The customer notifies each tenant in writinq:
a. 1~. That the surcharqe will be passed along.
.t~--2~. How the surcharqe will be apportioned.
c. 3~. That the landlord must be notified immediately of any
plumbinq leaks.
.d:-4.__Of methods to conserve water (which shall be obtained from
the City).
2. b. The customer diliqently maintains the plumbinq system to prevent
leaks.
'3.__c- The customer installs water savinq devices and measures (ideas for
which are available from the City) to the extent reasonable and practical.
under the circumstances.
d. The surcharqe shall be passed alonq, where permissible, to dwellinq
units in proportion to the rent or price charqed for each dwelling unit.
I I. (h__~_) Water service to the customer may be terminated under the following conditions:
(1) Monthly residential water usage exceeds allocation by 4,000 qallons or more
two or more times (which need not be consecutive months).
(2) Monthly water usaqe on a master meter which iointly measures water usaqe
to multiple residential dwellinq units exceeds allocation by 4,000 gallons times
R13717A5.wpd
23
the number of dwellinq units or more two or more times (which need not bn
consecutive months).
(3) Monthly nonresidential water usaqe for a customer whose allocation is 6,000
Rallons through 20,000 qallons exceeds its allocation by 7,000 gallons or mom
two or more times (which need not be consecutive months).
(4) Monthly nonresidential water usaqe for a customer whose allocation is 21,000
qallons or more exceeds its allocation by 15 percent or more two or more times
(which need not be consecutive months).
(5) For residential customers and nonresidential customers whose allocation
does not exceed 20,000 qalions, after the first disconnection water service shall
be restored upon request for a fee of $50.
(6___)_) For such customers, after the second disconnection, water service shall
restored within 24 hours of the request for a fee of $500.
(7.._)_~ If water service is disconnected a third time for such customer, water service
shall not be restored until the City re-enters a level of water conservation les.~.
than Condition III.
(8) For master meter customers, the service restoration fees shall be the sam~
as above times the number of dwellinq units.
(9) For nonresidential customers whose allocation is 21,000 .clallons per month or
more.
a. After the first disconnection water service shall be restored upon
request for a fee in the amount of "X" in the following formula:
$ 50 x Customer's Allocation in qallons
X=
20,000 qallons
b._~After the second disconnection for said customers, water service shall
be restored within 24 hours of the request for a fee of 10 times "X".
c. If water service is disconnected a third time for such customer, water
service shall not be restored until the City re-enters a level of water
conservation less than Condition III.
d~. The City Manaqer is'directed to institute written quidelines for
disconnection of water service under this provision which will satisfy
minimum due process requirements, if any.
R13717A5.wpd
24
.E-(l_)lt shall be a defense to imposition of a surcharqe hereunder, or to termination of
service, that water used over allocation resulted from loss of water through no fault of
the customer (for example, a maior water line break). --
(1) The customer shall have the burden to prove such defense by objective
evidence (for example, a written certification of the cimumstances by a plumber).
2.~)__^ sworn statement may be required of the customer.
(3) This defense shall not apply if the customer failed to take reasonable steps
for upkeep of the plumbing system, failed to reasonably inspect the system and
discover the leak, failed to take immediate steps to correct the leak after
discovered, or was in any other way negligent in causinq or permittinq the loss of
water.
J. (i) When this section refers to allocation or water usaqe periods as "month,"
"monthly," "billing period," and the like, such references shall mean the period in the
City's ordinary billing cycle which commences with the readinq of a meter one month
and commences with the next reading of that meter which is usually the next month.
(1) The goal for the lenqth of such period is 30 days, but a vadance of two days,
more or less, will necessarily exist as to particular meters.
(2) If a meter reader is prevented from timely readinq a meter by a dog o~' any
other obstacle which is attributable to the customer, the original allocation shall
apply to the Ionqer period without modification.
2.?..7 Sec. 55-156. Effluent distribution; permit and requlations.
~--. (a) Upon implementation of the City of Corpus Christi Water Conservation Plan as
provided in this section, the City may make available effluent water discharqed from it,~
sewaqe treatment plants for the purpose of waterinq lawns, qrass, and other plants,
dust control and similar uses.
(1) Such effluent water shall be made available only under tt~e terms and
conditions herein provided and only to such persons as are duly permitted as
distributors as provided in this section.
(2) The City shall be under no obli(~ation to orovide such effluent and reserv~.,~
the riqht to discontinue such service at any time and to limit the volume and to
establish or alter Ioadinq procedures and/or locations as necessary for the
efficient administration of the Wastewater Division.
B. (b) No Effluent Distribution Permit shall be issued except upon application filed with
the Wastewater Division of the City. Every such application shall contain the following
information:
R13717A5.wpd
25
(1) Name of applicant.
(2) Name of authorized representative (e.g. president of corporation; partaker;
etc.) if applicant is other than an individual.
(3) Business address and phone number.
(4) Residence address and phone number of authorized individual
representative.
(5) Description of each vehicle and container unit to be used in the transportation
or distribution of effluent water, including the make, year, model, type, weiqht and
clross vehicle weight, container capacity in gallons, vehicle registration number,
and the State safety inspection certificate number and expiration date.
(6) Names and driver's license number of every proposed driver of such vehicles.
(7) Statement of previous use of container units and any proposed use after or
concurrently with such units use for effluent distribution.
(8) Statement of the proposed uses of any effluent water, includinq whether the
use is proposed for residential, commercial, or industrial purpose.
C. (c) Upon the filinq of the required application, and payment of the permit fee
specified herein for each container unit, the Wastewater Superintendent, or the
Superintendent's designee, shall upon his determination that the applicant and vehicles
and container units are in compliance with all applicable provisions of this article, issue.
a permit for each such container unit.
(1) The permit shall identify the particular unit for which it is issued and shall be
displayed in a prominent place upon the unit.
(2) Each unit shall be separately permitted.
D. (d) The Permit Fee shall be fif~/dollars ($50.00) per month for each unit plus five
dollars ($5~ Der month for each unit per 1,000 gallons of capacity (or portion thereof)
over the first 1,000 gallons of capacity.
(e) Permits shall be issued on a quarterly basis from the effective date of this plan; fee
proration shall be on a monthly basis.
E. (f) Notwithstanding subsection (q) of this section, a resident of the City of Corpus
Chdsti may obtain effluent at no charqe from a wastewater treatment plant, designated
by the Wastewater Superintendent, for the irrigation of veqetation, dust control, or
waterino a foundation at the individual's personal residence.
R13717AS.wpd
26
(1) Any effluent received under this subsection may not be sold or transferred tn
another individual or used for commercial purposes.
1. a. Before receivinq effluent the resident must obtain a permit from the
Wastewater Superintendent, or the Superintendent's desiqnee.
2. b. Prior to receivinq a permit, the resident must complete a course of
instruction on the handlinq of wastewater effluent that has been developed
by the City's Health Department.
3. c. Any container used to receive and transport effluent must have a lid
or cap, be watertiqht, and be properly secured to the vehicle.
d._~AII containers are subject to inspection and approval of the City Health
Department or Wastewater Department.
4. e.~Any effluent received under this subsection must be immediately
transported to the personal residence of the individual receivinq the
effluent and used for the irriqation of veqetation, dust control, or watednq a
foundation.
f.__The effluent may not be stored for future use.
5. q.A resident usinq effluent for the irriqation of veqetat on or dust
control must post a si(In on the property leqible from the street statinq that
effluent is beinq used on the property.
6. h_~_Every resident obtaininq effluent under this subsection must either:
a. 1. Provide proof of and maintain in force a property liability
insurance policy (homeowner/renter) in the amount of three
hundred thousand dollars ($300,000.00) per occurrence. Or
b. 2_.~_Siqn a form provided by the Superintendent that releases the
City of Corpus Christi from any liability resultinq from the resident'.~
improper use or transportation of the effluent and aqree to hold the
City harmless, includinq reimbursinq the City for the costs of
defendinq itself.
r'. (q) Eve~/Effluent Distribution Permit shall be subject to the followinq terms and
conditions and no person shall receive or distribute effluent water except in compliance
herewith:
(1) Container units or tanks shall have a minimum capacity of 500 (la ons; shall
be capable of beinq closed water tiqht and shall be so closed durinq transport of
effluent water; and shall be maintained in a leak-proof condition; provided,
R13717A5.wpd
27
however, that special permits may be issued for container units with a capacity of
less than 500 gallons upon the determination by the Wastewater Division
Superintendent that all other container unit specifications herein required-have
been met and that the particular container unit does not create an increased risk
to the public health and safety.
(2) No vehicle may be used in connection herewith which has not been reported
on the application and approved for such use.
(3) Every driver or handler must be certified by the Wastewater Division prior to
rece vinci any effluent water from the City.
a_~_. The Wastewater Division may certify a driver or handler who has
completed a course of instruction on the handlinq of wastewater effluent
that has been developed by the City's Health Department.
(4) Effluent water shall be used as soon as possible to prevent reqrowth of
bacteria.
a. Permittees shall check effluent water in their units not less than every
four (4) hours for chlorine residual, except for effluent stored in fixed-site
containers which shall be checked not less than every eight (8) hours.
(5) Chlorine residuals shall be maintained at one milliqram per liter ('parts per
million) [1 moll (DDm)], consistent throuqhout the effluent container.
(6) The minimum quality of the effluent must not exceed conditions on the use of
effluent set out in any permits or authorizations issued to the City by a federal or
state requlatory aclency or the applicable requlations of a federal or state
requlatory aclency.
(7) Effluent containers, includ ncl those used for storaqe, shall be subject to
inspection and approval of the City Health Department or wastewater division,
· whose inspectors are hereby authorized to prohibit the use of any container or
effluent water which is determined to be outside the parameters established in
this section or is otherwise determined to present a danqer to Public health.
(8) Every permittee shall provide proof of and shall maintain in force a policy of
comprehensive qeneral liability insurance in the amount ~
-'--~"-'='-' .... t ....... -~ ........... -~ -~-'' .... ~'" C0O CO) specified by the City'
Risk Manager under Sec. 17-15; or shall maintain a policy of qeneral business
liability insurance in the same or qreater amount with a contractual liability
endorsement; and shall maintain a policy of automobile liability insurance in the
minimum amounts set by state law. The City shall be named as an additional
insured on the qeneral liability insurance policies.
R13717A5.wpd
28
(9) By acceptance of a permit under this section and/or receipt of effluent water
from the City system, the permittee and/or recipient of such effluent agree to fully
indemnify, save and hold harmless, the City of Corpus Christi, Texas, its aqenm
and employees, from and aqainst all claims and actions, and all expenses
incidental to the investiqation and defense thereof, based upon or arisinq out of
damaqes or iniuries to person or property in any way related to or in connection
with the use or distribution of effluent water under this section.
(10) Permittees shall provide a written notice to every person to whom effluent is
furnished which shall state in not less than ten point type, substantially as
follows:
"CAUTION
"You are hereby advised that effluent water is the discharqed water from
sewaqe treatment plant. The Director of Public Health has determined
that improper use or handling could be harmful and recommends the
followino orecautions:
"1. Do not use effluent water for drinking, bathinq, or personal hyqiene
purposes.
"2. Do not use effluent water for washing autos, clothes, or other personal
contact items.
"3. Do not use effluent water in swimming pools or for similar recreational
uses.
"4. Do not allow children to play on grass wet with effluent water, wait until
it dries.
"5. Do not use effluent which has been stored for more than four (4) houm
unless the chlorine residual level has been tested and is not less than on~.
Dart oer million [1 mq/l(p.m.)l.
"6. Application of effluent shall be by coarse stream and shall not be by
fine spray."
C. (h) Violation of any of the cautions set forth in subsection (q)(10) of this section, by
any person, is a violation of this section.
I I. (i/__Violation of any of the Drovisions of this section, in addition to the general
penalties provided in this particle, shall result in denial or revocation of any such
violator's Effluent Distribution Permit.
R13717AS.wpd
29
Sec. 55-157. Operations plan for reservoir system.
To maximize the amount of water reliably available to the City and its water custerners,
the City Manager shall operate the Lake Corpus Christi/Choke Canyon Reservoir
System as follows:
1. A minimum of 2,000 acre-feet per month will be released from Choke Canyon
Reservoir to meet conditions of the release aqreement between the City of
Corpus Christi and the Texas Parks and Wildlife Department.
2. In order to provide maximum dependable yield from the two reservoirs, the
water level in Lake Corpus Christi will be allowed to drop to elevation 74 feet
before water is released from Choke Canyon Reservoir in excess of the 2,000
acre-feet per month requirement.
Secs. $$-I$7 55-158 - 55-159. Reserved.
.SECTION 2. That Section 2.1 of the Water Conservation and Drought Contingency
Plan, which is adopted by Section 55-156 of the Code of Ordinances is amended as
follows:
a. The first sentence of the introductory paragraph is revised to read as follows:
2.1 DROUGHT CONTINGENCY PLAN SUMMARY
The following steps will be taken stalin§ when the combined water supply in Lake
Corpus Christi and Choke Canyon reservoirs necessitates, based on conditions existing
at the time r~ch ~-,~,~,' .... ",,,,~,~*"- .......... ,,o,~, in ~tc~r~,3~ ~ 40% c~r,~oo .... ~f .... ~,~,o,' ............ :"'
The plan proposes to meet a water shortage situation through a series of water demand
reduction measures supplemented by increasing supply through alternative water
sources.
b. The first sentence under Condition I is deleted.
2.1 DROUGHT CONTINGENCY PLAN SUMMARY
CONDITION I - WATER SHORTAGE
POSSIBILITY
R13717A5.wpd
c. The first sentence under Condition II is deleted.
CONDITION II -- WATER SHORTAGE
WATCH
3O
d. The first sentence under Condition III is deleted.
CONDITION III - WATER SHORTAGE
WARNING
e. The first sentence under Condition IV is deleted.
CONDITION IV - WATER SHORTAGE
EMERGENCY
SECTION 3. That Section 2.2 of the Water Conservation and Drought Contingency
Plan, which is adopted by Section 55-156 of the Code of Ordinances is repealed.
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 5. A violation of this ordinance or requirements implemented hereunder shall
constitute an offense, punishable as provided in Section 55-155 of the City Code of
Ordinances, as adopted by Section 1 of this ordinance.
R13717AS.wpd
31
SECTION 6. 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.
R13717A5.wpd
Samuel L. Neal, Jr.
Javier D. Colmenero
Melody Cooper
Henry Garrett
Dr. Arnold Gonzales
That the foregoing ordinance was read for the first time and passed to its second
reading on this the __ day of ,2001, by the following vote:
Rex A. Kinnison
Betty Jean Longoria
John Longoria
Mark Scott
That the foregoing ordinance was read for the second time and passed finally on this
the __ day of ,2001 by the following vote:
Samuel L. Neal, Jr.
Javier D. Colmenero
Melody Cooper
Henry Garrett
Dr. Arnold Gonzales
PASSED AND APPROVED, this the
ATTEST:
Rex A. Kinnison
Betty Jean Longoria
John Longoria
Mark Scott
__day of ,2001.
Armando Chapa
City Secretary
APPROVED: day of
James R. Bray, Jr., City Attorney
By:
R. Jay Reining
First Assistant City Attorney
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
,2001:
32
3717AS.wpd
Jimmy Bray - channel design scope.doc Page 1
Scope of Services
Rincon Diversion Project
Design, Bidding and Construction Administration Services
For
Overflow Channel from the Nueces River to the Nueces Delta
And
Diversion Pipeline from Calallen Reservoir to the Nueces Delta
In conjunction with the amended 1995 Agreed Order on freshwater inflows to the Nueces
Estuary, the City of Corpus Christi has agreed to construct facilities that will provide for
freshwater inflows to the Nueces Delta in the Rincon Bayou area. Under the amended 1995
Agreed Order, the City will need to construct the following facilities in order to comply with the
amendment:
1. An overflow channel cut in the Nueces River Bank to facilitate freshwater interaction
between the Nueces River, tidally-influenced segment and the Upper Rincon Bayou;
2. Construct an intake and pipeline to deliver water from the Calallen Reservoir to the Upper
Nueces Delta.
The schedule for these projects, as described in the amended 1995 Agreed Order, calls for a
phasing of the two construction projects. This Scope of Services is meant to be the first phase of
the design and consmiction process. It covers the design and bidding of the overflow channel cut
from the Nueces River to the Nueces Delta. Once the Preliminary Engineering is completed for
the pipeline and intake from Calallen Reservoir and a preferred alternative is selected, HDR will
provide the City with an addition to this Scope of Services to design and bid the pipeline and
intake.
SCOPE OF SERvICEs - OVERFLOW CHANNEL
Design Services
HDR will provide the City with plans and specifications necessary to bid and construct the
overflow channel cut from Nueces River to the Nueces Delta. Preliminary Engineering
Assessments are scheduled to be completed by the end of March 2001. At this time it is
anticipated that the design of the overflow channel will be very similar to the U.S. Bureau of
Reclamation's (USBR) design. The design provided to the City will include plan and profile on
the overflow channel cut and the design of armoring of the channel at the Nueces River interface
(if deemed necessary in the Preliminary Engineering). In addition, HDR will provide the City
with an Opinion of Probable Construction Costs based on the components of the project as
finally designed.
Final design plans and specifications will be delivered to the City no later than May 8, 2001.
The City will then have one week to review and provide comments to HDR no later than May 15,
200I. HDR will review comments with the City and address all outstanding issues no later than
May 21,2001 in order to facilitate advertising the project request for bids on May 21,2001.
Design services do not include:
Jimmy Bray - channel design scope.doc Page 2 i
City of Corpus Christ/
Rincon Diversion Project
Geotechnical Investigations. HDR does not anticipate the need for any soil evaluations for
the overflow channel cut design. --
Surveying Support. HDR does not anticipate the need for ground surveying support for the
design on the overflow channel cut. HDR anticipates using existing aerial mapping and
as-constructed information from the USBR to complete the design.
Permitting. I-IDR will continue to address permitting issues under the existing contract,
Amendment No. 1 to the Contract for Engineering Services for Reservoir Operating Plan
Update and Flood Release Model, Project No. 8335.
Land Acquisition Assistance. FIDR will continue to assist in land acquisition under the
existing contract, Amendment No. 1 to the Contract for Engineering Services for
Reservoir Operating Plan Update and Flood Release Model, Project No. 8335.
Overflow Channel Cut Design Phase Total Cost $28,000
Bidding Services
After written authorization to proceed with the Bidding Phase, HDR shall:
1. Assist the City in advertising for and obtaining bids for the contract to construct the overflow
channel cut facilities; maintain a record of prospective bidders to whom Bidding
Documents have been issued; attend a pre-bid conference; and receive and process, on
behalf of the City, deposits for Bidding Documents.
2. Issue addenda as appropriate to interpret, clarify or expand the Bidding Documents.
3. Consult with the City to determine the acceptability of substitute materials and equipment
proposed by the Contractor(s) when substitution prior to the award of the contract is
allowed by the Bidding Documents.
4. Attend the bid opening and prepare bid tabulation sheets. Assist the City in evaluating the
bids and assembling and awarding contracts for the construction of the overflow channel
cut.
Overflow Channel Cut Bidding Services Phase Total Cost $12,000
Construction Services
Services to be provided shall be mutually agreed to by the City and HDR. These services may
include attendance at construction meetings, periodic visits to the construction project site as
requested and observation of the work in progress, review of shop drawings, and preparation of
record drawings for the overflow channel cut project.
Costs to be determined
SCOPE OF SERVICES - INTAKE AND PIPELINE
HDR is currently preparing a Preliminary Engineering Report (PER) for the intake and pipeline,
from Calallen Reservoir to the Nueces Delta, under the existing contract, Amendment No. I to
the Contract for Engineering Services for Reservoir Operating Plan Update and Flood Release
Jimmy Bray - channel design scope.doc Page 3
City of Corpus Christi
Rincon Diversion Project
Model, Project No. 8335. Once the PER is complete and a preferred alternative is selected, HDR
will provide the City with an addition to this Scope of Services to provide design, bidding and-'
construction services for the pipeline and intake project.
Costs to be determined
Notes and Comments