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Home My WebLink AboutAgenda Packet City Council - 03/26/2002CITY COUNCIL AGENDA C ity of March 26, 2002 sti 12:00 p.m. - Joint Luncheon Meeting of the City Council and Crime Control and Prevention District to receive an update on Crime Control projects, discussion of FY2002-2003 Budget and continuation of Crime Control and Prevention District (City Hall Basement Training Room) 1:45 p.m. Proclamation declaring the month of April, 2002 as "Fair Housing Month" Proclamation declaring April 1 - 7, 2002 as "National Sleep Awareness Week" Proclamation declaring April 1 - 7, 2002 as "Public Health Week" Honorary Citizenship Certificates for German Exchange Students of the Educational Exchange International Program Swearing-in ceremony of newly elected Board, Commission and Committee members AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD MARCH 26, 2002 1:00 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 at approximately 5:30 p.m. or at the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Yourpresentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si ud. Desea didgirse al Concilio y cree que su ingl6s es limitado, habr8 un intdrprete inglds-espariol en todas las juntas del Concilio para ayudarte. 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 Pastor Shane Kinnison, Parkdale Baptist Church. C. Pledge of Allegiance to the Flag to 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 Brent Chesney Council Members: Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott __ __.�_.__..,_ .. City Manager David R. Garcia City Attorney James R. Bray, Jr. City Secretary Armando Chapa Agenda Regular Council Meeting March 26, 2002 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) E. MINUTES: Approval of Retreat Meeting of March 15, 2002 and Regular Meeting of March 19, 2002. (Attachment # 2) F. BOARDS & COMMITTEE APPOINTMENTS: (NONE) G. 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; ormay 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. H. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn forindividual 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, ORDINANCESAND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration) 2. Motion approving a supply agreement with Pencco, Inc., of San Felipe, Texas, for approximately 2,050,000 gallons of ferrous sulfate in accordance with Bid Invitation No. BI -0062-02 based on low bid for an estimated annual expenditure of $466,375. The term of the supply agreement will be for twelve months with an option to extend for up to two additional twelve-month periods subject to the approval of the supplier and the City Manageror his Agenda Regular Council Meeting March 26, 2002 Page 3 designee. Funds have been budgeted in FY2001-2002 by the Wastewater Department. (Attachment # 2) 3. Motion approving a supply agreement with R & R Delivery Service, of Corpus Christi, Texas, for meal delivery service consisting of the delivery of approximately 126,002 meals for the Elderly Nutrition Program, Adult Protective and Title XX Meals on Wheels, in accordance with Bid Invitation No. BI -0061-02 based on low bid for an estimated annual expenditure of $134,822.14. The term of the agreement will be 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 Senior Community Services of the Parks and Recreation Department in FY2001- 2002. (Attachment # 3) 4. Motion authorizing the City Manager or his designee to enter into a contract with Precision Task Group, Inc., of Houston, Texas for consulting services for PeopleSoft Benefits Administration Module implementation in accordance with the State of Texas Cooperative Purchasing Program for a total amount of $85,140. Funds have been budgeted by Risk Management in FY2001- 2002. (Attachment # 4) 5. Motion authorizing the City Manager or his designee to purchase software modules, services, and vendor travel expenses for on- site services for Building Permits, Business Licenses and Code Enforcement from HTE, Inc., of Lake Mary, Florida, in an amount not to exceed $102,200 for the Departments of Development Services and Housing and Community Development. (Attachment # 5) 6.a. Ordinance appropriating $206,250 from the Unreserved Fund Balance in Wastewater Fund No. 4200 for services to update wastewater infrastructure data; amending Ordinance No. 024528 which adopted the FY2001-2002 Operating Budget to increase appropriations by $206,250. (Attachment # 6) 6.b. Motion authorizing the City Manager or his designee to enter into an agreement with EMA, Inc., of Horton, Texas for Geographic Information System (GIS) related services for an amount not to exceed $494,000. Services included are to update and confirm __. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting March 26, 2002 Page 4 the water and wastewater infrastructure data; to design the GeoDatabases for the Utilities; and convert the data to ESRI's ArcGIS Software and migrate it to the GeoDatabases. Funds are available in the Gas, Stormwater, Water, and Wastewater Departments. (Attachment # 6) 6.c. Motion authorizing the City Manager or his designee to enter into an agreement with Spatial Solutions of Fort Collins, Colorado, for an amount not to exceed $51,810. Services included are to convert the basemap and parcel data to ArcGIS software; and migrate it to the GeoDatases. Funds are available in the Municipal Information Systems Fund. (Attachment # 6) 7. Motion authorizing the City Manager or his designee to execute a construction contractwith Miller& Miller Mechanical Contracting Company, Inc., of Corpus Christi, Texas, in the amount of $40,171 for the Memorial Coliseum Air Handler Replacement Project FY2002. (Attachment # 7) 8. Motion approving the application from the Art Community Center of Corpus Christi to temporarily close Cooper's Alley between northbound and southbound Shoreline Boulevard between the hours of 7:00 a.m. and 7:00 p.m., on April 13 - 14, 2002 for the Artfest 2002 event. (Attachment # 8) 9. Ordinance amending Section 10-86 of the Code of Ordinances, City of Corpus Christi, regarding beach user fees; providing for penalties. (Attachment # 9) 10. Resolution authorizing the City Manager or his designee to execute Change Order No. 37 with the Texas Department of Transportation in the amount of $48,535.20 for the installation of ground boxes for future street lighting as part of the Spur 3, Phase 2, Ennis Joslin Road construction contract. (Attachment # 10) 11.a. Resolution authorizing the City Manager or his designee to accept Amendment No. 02 for the Federal Aviation Administration Multi - Year Grant No. 3-48-0051-28-00 in the amount of $115,658. (Attachment # 11) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) G, Agenda Regular Council Meeting March 26, 2002 Page 5 11.b. Ordinance appropriating $115,658 from Federal Aviation Administration Grant No. 3-48-0051-28-00, Amendment No. 2 in the No. 3020 Airport Capital Improvement Fund for the Terminal Reconstruction Program. (Attachment # 11) 12. Ordinance amending the Code of Ordinances, Chapter 53 - Traffic, Section 53-250 - Schedule I, One -Way Streets and Alleys, Section (A-1) School Areas, by establishing a time -restricted one- way traffic pattern on Panama Drive in the westbound direction from Kingston Drive to Carroll Lane during the school hours of Kostoryz Elementary School; providing for penalties. (Attachment # 12) 13. First Reading Ordinance - Amending the Code of Ordinances, Chapter 53 - Traffic, Section 53-250 - Schedule I, One -Way Streets and Alleys, Section (a), by establishing a one-way traffic pattern on Riverwood Drive in the northbound direction of travel from F.M. Highway 624 (Northwest Boulevard) to River Hill Drive, at all times; providing for penalties. (Attachment # 13) I. PUBLIC HEARINGS: (2:00 P.M.) ZONING CASES: 14. Case No. 0202-05, Ata O. Azali and Taybeh Mostagahsi• A change of zoning from an "F -R" Farm -Rural District to an "R-1 B" One -family Dwelling District on Flour Bluff and Encinal Farm and Garden Tracts, Section 19, being 7.5 acres out of Lots 11 and 12, located on the north side of Wooldridge Road, approximately 150 feet west of Windsong Drive. (Attachment # 14) Planning Commission's and Staffs Recommendation: Approval of the "R-1 B" One -family Dwelling District. ORDINANCE Amending the Zoning Ordinance upon application by Ata O. Azali and Taybeh Mostagahsi, by changing the zoning map in reference to 2.5 acres out of Lot 11 and 5 acres out of Lot 12, Section 19, Flour Bluff and Encinal Farm and Garden Tracts, from "F -R" Farm -Rural District to "R-1 B" One -family Dwelling District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting March 26, 2002 Page 6 J. PRESENTATIONS: Public comment will not be solicited on Presentation items. 15. Emergency Repair Grant Program (Attachment # 15) 16. Health Department Animal Control Euthanasia Methods (Attachment # 16) 17. Proposed Corpus Christi Skate Park (Attachment # 17) 18. Project Update by the Waters Consulting Group, Inc. on the development of a compensation and classification system for all City employees except Police and Fire personnel covered by collective bargaining agreements. (Attachment # 18) K. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS AND ORDINANCES: 19. Ordinance authorizing the issuance of anticipation notes in the amount of $1,300,000; approving the sale of the notes and ordaining other matters related thereto. (Attachment # 19) 20. Ordinance appropriating $1,300,000 from the issuance of anticipation notes into Fund No. 3280, Park CIP Fund, Project 130465, Corpus Christi Beach Nourishment, amending Ordinance No. 024730 which adopted the FY2001-2002 Capital Budget by increasing expenditures by $1,300,000. (Attachment # 20) 21. Motion authorizing the City Manager or his designee to execute a construction contract with Longhorn Excavators, Inc., of Sugarland, Texas, for the total fee not to exceed $1,190,000 for the nourishment of Corpus Christi Beach. (Attachment # 21) 22.a. Motion authorizing staff to proceed with selection of a Construction Manager at Risk for the Convention Center Expansion and Renovation Project. (Attachment # 22) 22.b. Motion authorizing staff to proceed with competitive sealed proposals to hire a General Contractorfor the Multipurpose Arena Project. (Attachment # 22) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting March 26, 2002 Page 7 23.a. Resolution authorizing the City Manager or his designee to accept a $280,000 grant from the U.S. Department of Justice, Office of Justice Programs, in the No. 1050 Federal/State Grants Fund for the purchase of specialized training equipment for hazardous materials (HAZMAT), Fire Services, Law Enforcement, and Emergency Medical Services (EMS) Personnel. (Attachment # 23) 23.b. Ordinance appropriating $280,000 from the U.S. Department of Justice Office of Justice Programs, in the No. 1050 Federal/State Grants Fund for the purchase of specialized training equipment for hazardous materials (HAZMAT), Fre services, law enforcement and Emergency Medical Services (EMS) Personnel. (Attachment # 23) 24.a. Motion to amend the Annexation Calendar by changing the Second Reading date forthe Annexation Ordinance and the date of the City Council public hearing and approval of zoning from April 9, 2002 to April 16, 2002. The effective date of annexation is changed from April 10, 2002 to April 17, 2002. (Attachment # 24) 24.b. First Reading Ordinance - Annexing Padre and Mustang Island Tracts; annexing 9,618 feet of Padre Island Gulf Beach Frontage Tracts owned by Jones, Walter & GLO (44.16 acres) and Padre Balli Park (Nueces County Park No. 1) (194.92 acres and 6,324 feet of Gulf Beach frontage on Padre Island), in the vicinity of the Nueces - Kleberg County Line; annexing Packery Channel Park (Nueces County Park No. 2) and adjoining private land (approximately 50.01 total acres for park and private land) on Padre Island; annexing 221 acres of land south of Mustang Island State Park, comprising 4,211 feet of Gulf Beach frontage on Mustang Island, owned by Nueces County; annexing 9.23 acres of land north of Zahn Road and J.P. Luby Surf Park, comprising 2,009.79 feet of Gulf Beach frontage on Mustang Island, owned by Estate of Eric C. Lower; providing that each annexed tract is contiguous to the City limits of the City of Corpus Christi; providing for a service plan for the annexed tracts of land; providing that the owners and inhabitants are entitled to all rights, privileges, and burdens of other citizens and property owners of the City of Corpus Christi and are subject to and bound by the City Charter, Ordinances, Resolutions, and rules; requiring CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting March 26, 2002 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) application for Certificate of Occupancy for nonconforming use; providing for amendment of the official maps of the City of Corpus Christi, providing for an effective date. (Attachment # 24) Tract 1: Jones, Walter and GLO Beach Frontages: Publicly and privately owned lands comprising approximately 44.16 acres and 9,618 feet of gulf beach frontage, from the south most property line of Padre Balli County Park to a point 500 feet south of the south most property line of the Lawrence Jones property. The width of the strip extends westward from the City Limit Line on the Gulf of Mexico shoreline, being the 1.37 -foot line above Mean Sea Level based on United States Geological Survey (U.S.G.S.) and Geodetic Survey (G.S.) datum of 1929, to a point along the vegetation line approximately 200 feet west of and generally parallel to the 1.37 -foot line above Mean Sea Level Gulf of Mexico shoreline. Tract 2: Padre Balli Park: Nueces County Park No. 1 (Padre Balli Park) comprising approximately 194.92 acres and 6,324 feet of gulf beach frontage. Tract 3: Packery Channel Park: Public and privately owned lands comprising approximately 50.01 acres and including Nueces County Park No. 2 (Packery Channel Park). Tract 4: Nueces County Land South of Mustang Island State Park: Publicly owned tract of land comprising 221.00 acres and 4,211 feet of gulf beach frontage surrounded by the existing City Limits and out of the William Bryan Survey 606, between the east right-of-way line of State Highway 361 and the existing City Limit line along the Gulf of Mexico shoreline, being the 1.37 -foot line above Mean Sea Level based on the U.S.G.S. and G.S. datum of 1929. Tract 5: Beach Front Property North of Zahn Road:Privately owned (Eric C. Lower) tract of land comprising approximately 9.23 acres and 2,009.79 feet of gulf beach frontage abutting the City Limits on the Gulf of Mexico shoreline, being the 1.37 -foot line above Mean Sea Level based on U.S.G.S. and G.S. datum of 1929 and extending approximately 200 feet westward, and between County owned land and State leased land at J.P. Luby Surf Park. Agenda Regular Council Meeting March 26, 2002 Page 9 25.a. Ordinance appropriating $23,000 from the Reserve for Capital Projects in Golf Fund No. 4690 for an Area Golf Market Analysis and Feasibility Study; amending Ordinance No. 024528 which adopted the FY2002 Operating Budgetto increase appropriations by $23,000. (Attachment # 25) 25.b. Motion authorizing the City Manager or his designee to execute an Area Golf Market Analysis and Feasibility Study contract in an amount not to exceed $23,000 with National Golf Foundation Consulting, Inc of Jupiter, Florida. (Attachment # 25) L. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 5:30 P.M. OR AT THE END OF THE COUNCIL MEETING, WHICHEVER IS EARLIER. 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 didge a la junta y cree qua su ingl6s as limitado, habra un int6rprete ingl6s-espariol an la reuni6n de la junta para ayudarle. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. M. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. 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 office. _......... 11. _. -.�_.. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting March 26, 2002 Page 10 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) N. 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 concerns, current topics raised by media; follow-up on Staff assignments, scheduling of future Council meetings and activities, and other brief discussions regarding city -related matters. 26. CITY MANAGER'S REPORT Upcoming Items 27. MAYOR'S UPDATE 28. 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 3:15 p.m., March 22 , 2002. �l� 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. 2001-2002 CITY COUNCIL GOALS AND PRIORITY ISSUES N(CONTWUING PRIORITY Almort / Seawall / ConvQgfign Center / Arena • Continue quarterly reporting process for these initiatives. 986 Bond Issue WRrovements • Update status on Senior Centers. • Provide communication on completion of these projects (e.g. "Report to the Community'). • Continue community involvement on issues such as Leopard Street improvements. Privatization / Re-Ermineerin¢ • Clearly define "privatization" and `Ye -engineering." • Make decisions regarding privatization and re-engineering in the next 12-24 months, with discussions within 90 days. • Establish process to identify what services can and cannot be privatized. • Continue focus on park maintenance. Finance • Maintain the 5 -year forecast model. • Review the August I budget adoption deadline. Crime Control and Prevention • Continue implementation of the Community Policing initiative. • Establish date for Crime Control and Prevention District election. • Continue City participation in Youth Opportunities United and other youth crime initiatives. Employee Health Care • Address concerns related to employee compensation and benefits, including health insurance. • Work to coordinate Police and Fire health benefits with those of other City employees Egonomic Develop ►ent Sales TIM • Establish election date. Stam Wader Utility • Reconsider implementation plan for a Storm Water Utility. Packery Channel • Continue quarterly reports on the progress of the TIF and Beach Restoration Project. Lattd511 • Continue to evaluate the efficiency and effectiveness of operations. • Examine alternatives for solid waste management system, including privatization. Internet • Continue regular updates and expansion of the City's web site, including individual council member web pages. • Establish target date for online permitting process. • Communicate brush pickup via e-mail. 9UG— • Continue active role. Frost Dank BuildiaE • Lease and complete renovation Annexation Plan • Implement current island annexation plan ADA Transition Plan • Develop and approve ADA Transition Plan within 90 days. adbtdcftg • Develop Council -approved redistricting plan for the City of Corpus Christi Industrial District Contract • Review Industrial District contracts and determine date for approval Council Action Items • Staff completes action requests in a timely manner. City / County Health Issues • Continue discussions with County to determine structure and process for the most effective and efficient delivery of health services Marketins of CC Museum and Columbus Shius • Continue to develop marketing plans for the Museum of Science and History and the Columbus Fleet NEW PRIORITY INITIATIVES AND ISSUES City staff will develop and present to City Council achon/implementation plow for the following priority areas: Desalination Pilot Project n*Code Enforcement in Trashy Neighborhoods A*Employee Classification Study tkMa ster Drainage Plan AGarwood Water j� *New Golf Course 91 *Charter Revision with Specific Charge(s) *More Funding for Economic Development *Fire and Police Contracts -" New Funding Sources / Plan for Inner City Improvements Improve Permitting Process (online / customer service) ® Padre Island Development Plan Downtown / South Central Development Plan (marina, t -heads, breakwater) Ll Housing Emphasis / Process (older neighborhoods, working class neighborhoods) **Road Projects Southside Traffic Plan Relationships with Other Governments Development Initiative Packages *Park Rehabilitation *Leopard Street Curbs and Gutters Economic Development Summit and Post -Summit Meetings Agnes -Laredo Corridor Market (studies, plans) *Solid waste / Pickup Base Closures **Northwest Library Northside Development Plan Traffic Controls (channeling, studying on/off ramps on SPID) *Five Points Ambulance Effluent Plan for Leopard Medians RTA—Public Improvements Arts and Sciences Park Plan Budget Item ** Capital Improvement Program Item 1 MINUTES CITY OF CORPUS CHRISTI, TEXAS City Council Retreat March 15, 2002 8:30 a.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Brent Chesney* Council Members: Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott* Ci1y Staff City Manager David R. Garcia Deputy City Manager George Noe City Attorney James R. Bray Jr. City Secretary Armando Chapa Recording Secretary Rachelle Parry Mayor Neal called the retreat to order in the Watergarden Room of the Museum of Science and History. City Secretary Chapa checked the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the retreat. Mr. Scott Elliff, retreat facilitator, asked the Council to devise group norms for the meeting (which are included in Mr. Ells attached report). Mayor Neal noted that he would not be seeking public comment during the retreat but he welcomed the public to be in attendance. *Council Member Chesney arrived at approximately 8:35 a.m. and Council Member Scott arrived at approximately 8:40 a.m. City Manager Garcia referred to the agenda, and the first presentation was made by Mr. Mark McDaniel, Director of Management and Budget, regarding the city's five-year financial forecast. He outlined the revenue assumptions made in preparing the forecast, including a 3% annual growth in property and sales tax revenues; stabilization of Solid Waste revenues; elimination of the hospital district health cost reimbursement; use of the hotel tax to offset beach safety and maintenance costs; approximately $500,000 in new ad valorem tax from the annexed areas; half of Nueces County's historical beach parking permit revenues; and 2% growth in most other revenues. With regard to expenditure assumptions, Mr. McDaniel said staff prepared the forecast based on 0% annual increase in salary adjustments; 5% annual increase in health insurance premiums; no capital expenditures except for regular patrol car, fire engine and ambulance replacements; a full year of new ambulance staffing and equipment; staffing for the new fire station on Mustang Island; no increase for the continued phase-in of the automated residential Solid Waste collection; and centrally budgeted "drag -up" pay (2% annual increase). Mr. McDaniel then discussed specific forecast figures and emerging fiscal issues for the General Fund and all operating funds, including the continued use of target budgeting. Minutes - City Council Retreat March 15, 2002 Page 2 The Budget Director also discussed the budget calendar, noting that the City Manager will submit the FY02-03 proposed budget to the City Council on May 28, 2002. Several budget discussions will follow, including a public hearing on June 25th. Several staff members then responded to questions from the Council. The second agenda item was a staff presentation and consideration of capital improvement program (CIP) funding. Mr. Garcia pointed out that the CIP is generally overstated, unlike the operating budget. Mr. McDaniel said the objectives for the long-range CIP project review are to: further examine the scope and desirability of specific projects; evaluate project phasing and scheduling; determine appropriate and acceptable levels of utility rate increases versus pay-as-you-go funding; and discuss the process for development of the next bond election program. He summarized the long-range CIP amounts and the current debt by category. The Budget Director also discussed the combined utility debt capacity and projections based upon the utility rate model, as well as the tax rate and the general obligation debt capacity. Mr. McDaniel said staff had developed two options for discussing the long-range CIP: three 4%2 -hour sessions on March 26th, April 9th and April 16th, or an all -day workshop on April 2nd (which is not a regular Council meeting day). There was consensus of the Council to have the CIP discussion session on April 2nd and to cancel the regular Council meeting on April 9th. The next items for discussion were the Council business procedures and the calendar for the remainder of 2002. City Secretary Chapa said staff was recommending canceling the following Council meetings: July 30th, August 13th, November 26th, December 24th and December 31st. There was consensus of the Council to adopt staffs recommendation on the canceled meetings. The Council members also discussed and reached conclusions on other procedural issues (delineated in Mr. Elliff's report). The redistricting proposal was the next item for Council consideration. Mr. Chapa explained that the current composition of the Council is five single -member district representatives, three at - large representatives, and the Mayor. That plan was adopted under court order in 1983. He said the court order provided that the city have two districts (Districts 2 and 3) where there is a high probability of a Hispanic being elected and one district (District 1) that would be a "swing" district, in which a Hispanic or Anglo could be elected. Mr. Chapa said the City Charter requires that the districts be equalized when population changes occur. He said that in 1990 there were significant population changes that dictated a redistricting plan and in 2000 the census data shows a total population growth in Corpus Christi of approximately 7.8%. He said major growth occurred in Districts 4 and 5; some growth occurred in District 1; little growth in District 3; and a population decline occurred in District 2. He said the Hispanic population in each district grew by about 5% while the total Hispanic population grew about 16.2%. Mr. Chapa said in order to equalize the population among the five districts, staff took the total population (277,450) and divided it by five, resulting in 55,490, which is the optimum number Minutes - City Council Retreat March 15, 2002 Page 3 for each district. He said staff also had to take into consideration population growth and decline; i.e., having fewer people in Districts 4 and 5 since that is where the growth trends are occurring and more people in District 2 since there has been a population decline in that area. In addition, staff needed to keep in mind the correct deviation from the average (plus or minus 5%). He said if they were to go beyond that deviation, they would have problems receiving Justice Department clearance unless there is a strong argument to support it. The City Secretary then referred to staffs recommended single -member redistricting plan, which he believes is the minimum change that would be the least disruptive to the voters and to the districts. He said the recommended plan is as follows: District 1 - no changes; District 2 - add voting precincts 48, 84 and 109; District 3 - add voting precincts 70 and 89 and remove voting precinct 48; District 4 - no changes; and District 5 - remove voting precincts 70, 84, 89 and 109. He said that would result in the following population numbers: District 1 - 54,668 (deviation of -1.48% from the current composition); District 2 - 57,379 (deviation of 3.40%); District 3 - 56,540 (deviation of 1.89%); District 4 - 55,019 (deviation of -0.85%); and District 5 - 53,844 (deviation of -2.97%). He said if the Council wishes, he can provide additional options for redistricting. Mr. Chapa said staff will send the proposed plan to several entities for their review and he is recommending that two public hearings be held: on April 11th and during the Council meeting on April 16th. He said there will be two readings of the proposed ordinance (on April 23rd and April 30th); if it is approved, staff will send it to the Justice Department for clearance, which should take about 60 days. Responding to Council questions, Mr. Chapa said there were proposals from consultants for them to conduct the redistricting at a cost of $60,000 to $100,000; however, the plan was developed in-house. Following additional discussion, Mayor Neal suggested that the Council members seek the input of their constituents on the redistricting proposal, and he commended staff for their efforts. Mr. Chapa thanked Mr. Willie Pulido of the Planning Department, Ms. Mary Juarez, Assistant City Secretary, and Mr. Michael Gunning, Director of Planning. It was the consensus of the Council to proceed with the proposed redistricting plan as discussed by Mr. Chapa. The next item on the agenda was regarding the charter revision process. City Attorney Bray referred to a detailed memo he had provided to the Council dated March 12, 2002 regarding charter amendments, which he said are regulated by the Texas Constitution and a provision of the Texas Local Government Code. Since the charter is basically the Constitution of the city, any amendments to it have to be approved by the voters. Mr. Bray said that pursuant to Section 9.004 of the Texas Local Government Code, the City Council may submit a charter amendment to the voters and shall submit a charter amendment to the voters upon a petition signed by at least 5% of the qualified voters of the municipality. He noted that under the Constitution, a charter may not be amended more often than every two years. Mr. Bray said presently there is a charter amendment being circulated that would change the charter to read: "The municipal government provided by this charter shall be a `Mayor Council Form of Government.' The elected mayor shall be the chief executive and administrative officer of the city." Minutes - City Council Retreat March 15, 2002 Page 4 The City Attorney also discussed possible charter amendments that have been discussed over the years, including those recommended by staff and some that were proposed in 1997 by a Charter Revision Commission. He said the Council at that time chose not to put those amendments on the ballot and that was the last revision commission the city had; the last amendments to the charter occurred in 1993. He said the possible charter amendments encompass several issues, including the tax cap; transfer of utility funds; initiative and referendum; election dates; runoff elections; clerical corrections; Mayor's veto; Council compensation; clarifying the effect on voting requirement of a Council member being disqualified; filling the Mayor's office in the event of a resignation or other cause; date of a recall election; capital budget; time for effectuating a lease or franchise; termination of leases; and the procurement process. The Council specifically discussed the current petition for a charter amendment to change the form of government. Mr. Bill Kopecky, one of the citizens organizing that petition drive, responded to Council members' questions, saying that they cannot count signatures that are older than 181 days. It was noted that if the petitioners submit a sufficient number of valid signatures, the charter amendment election would have to be held on the next available election date. Depending on the timing of the submission of their petition, that could be September 14, 2002. Additional discussion ensued, including the advantages and disadvantages of holding a charter election with a sales tax election. Mayor Neal recessed the retreat for lunch. Upon reconvening, the Council discussed the next items on their agenda --possible election dates for the Crime Control and Prevention District renewal and the 1/8th cent sales tax. The Mayor referred to a letter from Ms. Linda Bridges, President of the Board of the Crime Control District, in which she said that the board unanimously supports a five- year renewal of the district through a continuation referendum in November 2002. Mr. Bray said the last date to have an election to renew the district before it expires is February 1, 2003. The Mayor also referred to a letter from Mr. David Engle of Forward Corpus Christi regarding a four -point plan for a 1/8th cent sales tax for economic development. Responding to Council members' questions, Police Commander Bryan Smith, Crime Control District Coordinator, said that $100,000 has been set aside for administrative expenses associated with an election. Mr. Chaps said the intention is to have a separate ballot from the general election ballot in the same way as the 1997 election, which established the Crime Control District. Council Member Noyola said that students at Moody High School are proposing a petition to place a referendum on the ballot for a 1/8th cent sales tax to fund several improvements. A discussion ensued and Mayor Neal noted that there are only two 1/8th-cent increments left of the sales tax. Each of the Council members offered their opinions about the election issues. Mr. Elliff summarized the discussion, saying that the Council had agreed to put the Crime Control District renewal and the 1/8th cent sales tax items on the November 5, 2002 ballot and they want to seek input from Forward Corpus Christi and the Moody High School students in order to formalize what the economic development piece will look like. Mayor Neal suggested that staff organize a meeting Minutes - City Council Retreat March 15, 2002 Page 5 with the Moody students and post it to state that there may be a quorum of the Council present. The next agenda item to be discussed was an overview of past Council priorities and consideration of priorities for the remainder of the term. Ms. Susan Cable, Director of Communications and Quality, referred to the action plans prepared by staff for the current City Council priority issues. Council discussion ensued about both the current initiatives (including three additions to them) and new initiatives for 2002. The Council members were asked to prioritize the new initiatives by placing "dots" next to each one; those with six or more dots were considered the priority new initiatives. (These are also included in Mr. Elliff's attached report.) Mayor Neal thanked Mr. Elliff for again facilitating the annual retreat and the Council for their participation. He also commended city staff, in particular the Engineering Department, Mr. Garcia and his staff, and Mr. Chapa for the recommended redistricting plan. There being no further business, the Mayor adjourned the retreat at 3:55 p.m. on March 15, 2002. City of Corpus Christi 2002 City Council Retreat Friday, March 15, 2002 Corpus Christi Museum of Science and History Group Norms 1. Stay informal and open to dialogue 2. Stay on schedule. 3. Keep focused on the agenda. 4. Encourage input and participation from all. 5. Not seeking public comment today—though they are welcome to be here! Council Procedures and Calendar • Cancel 4/9/2002 meeting • Consensus: "Yes" on Mr. Chapa's calendar recommendation. • "Summer Casual" through September (see how it's going in August) • Avoid pre -Council Meeting luncheon meetings on consecutive Tuesdays, if possible. • Consider scheduling joint meetings with other governmental entities (County, ISDs, etc.) • Redistribute the "Council Rules" resolution. Consider distributing it to all Council members subsequent to each election. • Staff should consider Council requests for information via Mr. Chapa's office as "urgent" and should respond accordingly. Additions to Existing / Carryover Priorities and Action Plans from 20011 Trashy Neighborhoods • add: "Explore San Antonio (or other) model to see applicability here for enforcement Housing Emphasis • add: Explore options for developing low-income home ownership, including private partnerships • add: Streamline Emergency Grant Program and HOMES Inner City Improvements • add: Explore additional means for funding infrastructure improvements in neighborhoods, including private partnerships Priority New Initiatives for 2002 1. Animal Control facility issues and improvements (including study of cost for euthanasia) (9) 2. Formalized legislative agenda / initiative (State and Federal) (8) 3. More CVB funding (7) 4. Establishing a Neighborhood Services Division (6) Additional Initiatives • Marina master plan --stand alone • Additional 9 holes at Oso Golf Course • Plan for "liveaboards" at Marina • North Beach Pedestrian Plan • Improve maintenance at Gabe Lozano Golf Course • Increased emphasis on cultural affairs / "sense of place" • Downtown re -development / Master Plan • Improve "Open Government' perception • EMS Reimbursements from County • CIP Council Participation increase ' Council members pointed out that these three additions would possibly be an integral part of the new 2002 initiative of adding a Neighborhood Services Division. MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting March 19, 2002 2:04 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Brent Chesney Council Members: Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison John Longoria Jesse Noyola ABSENT Mark Scott City Staff: City Manager David R. Garcia Deputy City Manager George Noe City Attorney James R. Bray Jr. City Secretary Armando Chapa Recording Secretary Rachelle Parry Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Council Member Kelly and the Pledge of Allegiance to the United States flag was led by Council Member Noyola. 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 joint Council meeting of February 26, 2002 and the regular Council meeting of March 5, 2002. A motion was made and passed to approve the minutes as presented. Mayor Neal referred to Item 2 and the following board appointments were made: Building Standards Board Mechanical/Plumbing Advisory Board Beverly Bacak (Reappointed) H. Ray Johnson Jr. Mary Esther Guerra (Reappointed) Dan Hoffman Commission on Children & Youth Ike Spiker Lauren C. Ranly Mayor Neal called for consideration of the consent agenda (Items 3-14). City Secretary Chapa stated that Item 6 was withdrawn by staff. Council members and an audience member requested that Items 7 and 14 be discussed. Mr. Chapa polled the Council for their votes and the following passed: 3. RESOLUTION NO. 024795 Resolution requesting the Texas Natural Resource Conservation Commission, as the state Minutes - Regular Council Meeting March 19, 2002 Page 2 air pollution control agency, to submit a grant application to the United States Environmental Protection Agency for a $100,000 Mobile Source Outreach Assistance Grant, which will be administered by the City of Corpus Christi, as part of the region's Pollution Prevention Partnership and the Air Quality Research and Planning Program and used to fund a remote vehicle emissions sensor to be purchased, operated, and maintained by Texas A&M University -Kingsville. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Scott absent. 4. M2002-075 Motion authorizing the City Manager, or his designee, to execute a construction contract with Pro Tech Mechanical Inc., of Corpus Christi, Texas, in the amount of $160,350 for the Frost Bank Building lease space chiller replacement project. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Scott absent. ORDINANCE NO, 024796 Ordinance authorizing the City Manager or his designee to execute a participation agreement with Tuloso-Midway Independent School District (developer) for public street improvements on Deer Run Drive, Lot 1, Block 1, Maples Hills Subdivision, abutting a dedicated public park, in accordance with the Platting Ordinance, not to exceed $10,779.99 for City's share of costs of the improvements. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Scott absent. 6. WITHDRAWN Ordinance appropriating $80,000 from revenues from Reinvestment Zone No. 2 in Reinvestment Zone No. 2 Fund No. 1 111; amending Ordinance No. 024528 which adopted the FY 2001-2002 Budget by increasing both revenues and appropriations by $80,000 in the No. 1111 Fund for engineering services for the Packery Channel partnering, technical review and U.S. Corps of Engineers consultation. Bill Ordinance appropriating $80,000 from revenues from Reinvestment Zone No. 2 in Reinvestment Zone No. 2 Fund No. 1 111; amending Ordinance No. 024528 which adopted the FY 2001-2002 Budget by increasing both revenues and appropriations by $80,000 in the No. 1111 Fund for engineering services for the Packery Channel partnering, technical review and U.S. Corps of Engineers consultation. Minutes - Regular Council Meeting March 19, 2002 Page 3 An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye'; Scott absent. 8.b. M2002-077 Motion authorizing the City Manager or his designee to execute Amendment No. 1 in the amount of $22,240 to the contract for engineering services with Felix Ocanas, P.E., for the Packery Channel Project. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Scott absent. 9. ORDINANCE NO, 024799 Ordinance approving $79,424.55 from B.R. Scogin as developer's cash contribution for in - lieu -of street construction of a 450 -foot segment of enhanced County Road 52 (with supporting public utility infrastructure), as required by development of Lot 1, Scogin Tract; providing adjustment for fee simple dedication of right-of-way required by the City for the future arterial "through" street and major utility corridor; establishing a separate subaccount for said street in the City interest-bearing account in the Infrastructure Trust Fund for deposit of developer's contribution; and restricting said monies for the completion of "improvements" when arterial is ready for construction as an obligation of platting and development of properties east of Lot 1, Scogin Tract, or as an obligation of a city capital improvement project. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Scott absent. [L8) Ci�a]WLs 1 � : 1 1 Ordinance amending Ordinance No. 024704 to allow for the waiver of the fair market value payment for the abandoning and vacating of a 2,308.71 -square foot portion of a 10 -foot wide utility easement out of Block CR, Levek Tract, in exchange for the owner dedicating a utility easement of equal or greater value. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye'; Scott absent. 11. ORDINANCE NO. 024801 Ordinance appropriating $35,009.51 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 2001-2002 budget adopted by Ordinance No. 024528 by adding $35,009.51 to the No. 6010 Trust Fund -Law Enforcement Officer Standards and Education. Minutes - Regular Council Meeting March 19, 2002 Page 4 An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Scott absent. 12. ORDINANCE NO, 024802 Ordinance appropriating $7,500 from the Chamber of Commerce Foundation in the No. 1050 Federal/State Grants Fund for hiring of a part-time data specialist at the Juvenile Assessment Center. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Scott absent. 13. ORDINANCE NO. 024803 Ordinance appropriating a grant of $1,665 from the Texas Department of Protective and Regulatory Services in the No. 1060 Federal/State Grants Fund for the Community Youth Development Program. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Scott absent. ************* Mayor Neal opened discussion on Item 7, park at IH -37 and Belden Street. Mr. Leonard Murphy, of the General Services Administration (GSA), explained that the GSA and the city worked to develop a mutually agreeable location for the new federal courthouse. He said that as a result of both the Oklahoma City bombing and the terrorist attacks in New York City and the Pentagon, safety is of utmost importance with regard to federal buildings. He said the GSA supports the plan for a park behind the courthouse and they have worked with the city engineer to propose two changes: the placement of pipe bollards along the sidewalk and the narrowing of the sidewalk itself to prevent any temptation to drive through that area. Mr. Kevin Stowers, Assistant Director of Engineering Services, said city staff will work with the GSA to determine a proper width for the sidewalks. City Secretary Chapa polled the Council for their votes as follows: 7.a. ORDINANCE NO. 024797 Ordinance appropriating $260,000 from the Unappropriated Street Assessments in Streets Capital Projects Fund No. 3530 for a construction contract for IH -37 Park -Belden Street; amending Ordinance No. 024730 which adopted the FY2001-2002 Capital Budget to increase appropriations by $260,000. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye'; Scott absent. . __ Minutes - Regular Council Meeting March 19, 2002 Page 5 7.b. M2002-076 Motion authorizing the City Manager or his designee to execute a construction contract with Garrett Construction in the amount of $333,442.70 for I.H.-37 Park -Belden street improvements. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Scott absent. Mayor Neal opened discussion on Item 14, newly revised Nueces County precinct changes. Responding to Council Member Longoria, City Secretary Chapa said this item is basically a housekeeping ordinance --it does not change the Council's district boundaries. The city has to adopt the precinct boundary line changes that Nueces County has adopted. He said each governmental entity has to receive separate approval from the Department of Justice. Mr. Longoria suggested that items such as this be placed on the regular agenda. Mr. Chapa said this item was considered today because it was possible that the Council was going to call an election for May 4, 2002, and the precinct changes needed to be approved first. Council Member Colmenero asked about two precincts (59 and 67) which are being consolidated. Mr. Chapa explained that the state and the Department of Justice do not recommend precincts that are larger than 3,000 in population. He said some precincts larger in population needed to be split; others with fewer population were consolidated. He added that the lines are being adjusted to accommodate that requirement. Mr. Chapa polled the Council for their votes as follows: 14. ORDINANCE NO. 024804 Ordinance amending Ordinance No. 022075 by adopting newly revised Nueces County precinct changes to conform to precinct line adjustments; providing for submission of the precinct changes for pre -clearance from the U.S. Department of Justice. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Scott absent. Mayor Neal referred to Item 15 and a motion was made, seconded and passed to open the public hearing on the proposed City marina project. Deputy City Manager Noe said this presentation has been made to several city committees, including the Planning Commission, Water/Shore Advisory Committee, Park and Recreation Advisory Committee, Padre Island Business Association, and others. He said the goals of the request for proposals (RFP) were as follows: continue to improve the bayfront and city marina; offer new resident and visitor attractions; generate new commercial and/or entertainment opportunities; and improve the marina fund balance. Minutes - Regular Council Meeting March 19, 2002 Page 6 Mr. Noe said the RFP objectives were to manage the marina daily operations, including slip rentals, lease management, marina maintenance (water and land), marina marketing, fuel service, wastewater pump -out service, and marina security. Other objectives included funding and creating additional marina development (commercial/retail, restaurant, and entertainment venues and tourist attractions), and incorporating marina development into the seawall restoration project. He said staff expected to receive responses from experienced development teams which have a clear vision for marina development, success with previous waterfront projects, experience with marina operations, and availability of financial resources. Mr. Noe said staff mailed 1,291 RFP letters and 69 RFP packets. He said the city received 10 responses and, of those, seven did not entirely address the RFP requirements. Consequently, three proposals were selected for interviews. The Deputy City Manager also discussed the proposed "South Wharf' project. He said that Corpus Christi Wharf Company, LTD, submitted an RFP proposal and staff has had an ongoing dialogue with Mr. Leon Loeb. He said an election would be needed for the city to grant an extended water lease in order for that proposal to come to fruition. He said Mr. Loeb is targeting a November election date and staff is developing a memorandum of understanding to bring to the Council next month. He said that project is intended to be on a separate track from the other RFP proposals. Mr. Noe then reviewed the three finalists for the marina development project: Corradino Group Inc. from Houston, International Marina Group from Dallas, and Landry's Restaurants Inc., also from Houston. He said the Corradino Group proposed a development called "El Puerto de Corpus Christi," which consists of a mixed-use strategy (restaurants, shops, hotels, offices, apartments, boat sales, and other uses). He said that proposal calls for three distinct urban lands: an entertainment and resort island/boardwalk on the Peoples Street T -Head ($22.4 million); a seaside urban village on the Lawrence Street T -Head ($41.9 million); and a maritime center on the Cooper's Alley L -Head ($7.7 million), for a total cost of $72 million. The estimated economic impact is 977 new jobs, $20 million in salaries, $49 million in sales, and $3.5 million in area taxes. He noted that this group has no previous waterfront experience or marina operations experience. Mr. Noe said the International Marina Group's proposal consisted of a Texas Coastal Marina addition; a marina operations team; and mixed uses with a future master plan design to be undertaken with another development team. He said the specific elements were: 400 -space dry stack storage ($2 million); 100 wet boat slips ($2.3 million); restaurant and recreation area ($1.1 million); Columbus Ships area ($500,000); entertainment facility ($2 million); and "fisherman's wharf' area ($300,000), for a total of $8.2 million. Mr. Noe said the International Marina Group has 17 years of experience with freshwater and saltwater marinas, including owning and operating nine marinas and partially owning and operating 13 marinas. The last proposal was made by Landry's Restaurants Inc. and is known as "The Texas Boardwalk." Mr. Noe said that Landry's, which has in-house design and construction teams, is proposing three distinct land treatments: a parking lot facility on the People's Street T -Head; restaurants and entertainment facilities on the Lawrence St. T -Head; and a consolidated marina facility on the Cooper's Alley L -Head, for a total cost of $37 million. The proposal also includes Minutes - Regular Council Meeting March 19, 2002 Page 7 water taxi service between the T -Heads; marina support facilities (including restrooms) on both T - Heads; and a potential future phase development (a hotel on the Peoples Street T -Head). He said Landry's experience includes building and operating the boardwalk and marina in Kemah, Texas. Mr. Noe discussed how the three proposals were evaluated. He said the criteria were marina operations concept, development concept, waterfront experience, and funding. He said the next step in the process is to develop a memorandum of understanding (MOU) with the recommended development team; using the MOU as a basis for a future agreement with the development team; and preparing a lease and legal documents with the development team. Mr. Noe explained that an MOU is a formal document that lays out the specific points that each party will seek to provide with regard to project development duties and responsibilities. An MOU is used as a basis for future negotiations between the parties and as a framework for the creation of a future contractual agreement. Mr. Noe also reviewed the proposed time table, concluding with the approval by the Council of the lease documents in mid- to late -September 2002. Mr. Noe said staff's recommendation is that the Council authorize them to develop and negotiate an MOU document with Landry's Restaurants Inc. for the initiation of the city marina operations and development project. Responding to a question from Mayor Neal, Mr. Noe said that the city's consultant on this project was Fulbright and Jaworski, which assisted staff in the review and background work. The Mayor asked how the International Marina Group (IMG) devised its projected costs for its proposal. Mr. Jeff Trion, in-house counsel, said they are proposed investments for the marina operations which IMG hopes to finance through their company. He said the company's principals, Marshall Funk and Stan Johnson, operate through a variety of entities. He said they now operate 14 marinas throughout the country. Mr. Irion noted that he has served as the legal advisor to the Marina Association of Texas for 20 years. He added that IMG intends to seek corporate sponsorships of some of the family- oriented developments along the seawall. Mayor Neal asked how IMG's proposal would enhance the current conditions of the marina. Mr. Peter Davidson, Marina Superintendent, said the dry stack storage is a modern concept for storing boats, consisting of a multi -story building with a fork lift. He said the proposed 100 wet slips would be for large boats, such as 80 -foot to 120 -foot motor yachts and sail boats that the city marina is unable to accommodate at this time. The Mayor asked if the proposal would allow people to live aboard their boats. Mr. Davidson replied that at some of IMG's marinas, there is a certain percentage of "live-aboards." He said the dry stack storage facility would probably consist of three stories (level with the seawall) with a viewing area on the top. In reply to Council Member Noyola, Mr. Noe said staff asked each of the three finalists about their openness in working with other groups. He said IMG was more than willing to have a joint venture with a commercial developer, while the Corradino Group and Landry's indicated that they did not need the assistance of another team. He said in the end it is the Council's decision about how they instruct staff to proceed. Minutes - Regular Council Meeting March 19, 2002 Page 8 Mr. Tilman Fertitta, Chairman, President and CEO of Landry's Restaurants Inc., gave a computer presentation about their proposal. He said Landry's Restaurant, currently located at the People's Street T -Head, has had almost $40 million in business since it opened 10 years ago. Last year Landry's took over the operation of the Lighthouse Restaurant on the Lawrence Street T -Head and renamed it Joe's Crabshack, almost doubling its previous business. Mr. Fertitta said Landry's intends to develop a family-oriented waterfront experience in the marina. Mr. Jeff Cantwell, Vice President of Development, further described Landry's proposal. He noted that the main development would be centered on the Lawrence Street T -Head, with four restaurants (Joe's, Landry's, Aquarium Cafe, and Rainforest Caf6) and amusements. Mr. Fertitta said Landry's proposal is unique because they have the ability to develop, operate and manage the facilities and the marina. He said in the last 2% years, Landry's has responded to four RFPs (in California, Houston, Galveston and Corpus Christi) and they have been the selection committee's choice in each instance. He discussed the strengths of the company and said the marina development will spur other economic development in the city. He said what makes Corpus Christi unique is its bay and bayfront, which he feels can benefit from his proposal. Responding to Mr. Noyola, Mr. Fertitta said they do not intend to eliminate any boat slips and if there is a way to build more, they will do so. He said Landry's owns and operates the marina in Kemah, which has 450 slips (the same size as Corpus Christi's marina). He added that they would be willing to enter into a joint venture as long as the other company can match them dollar for dollar in improvements. Mr. Fertitta also discussed his plans for the operation of the marina. Mayor Neal called for public comment on Item 15. Mr. Ralph Bowen, 706 Indiana Ave., said he is a representative of the Bay Yacht Club and its 108 members. He gave a definition of a marina, saying that entertainment and restaurant development is better suited to North Beach. He said Corpus Christi has a fixed amount of space on three land masses and limited access to them, as well as a limited population from which to draw for economic viability. Mr. Bowen said Landry's proposal will compete with development plans for Packery Channel. He said the Bay Yacht Club is asking the Council to reject all three proposals and direct staff to develop a new master plan for the waterfront. Ms. Donna Eskew, Executive Director of the Air Conditioning Contractor's Association, distributed a proposal she created for development of the marina. She said her proposal can generate additional tourism with restaurants and entertainment venues and will address concerns of the boat owners and marina operations. She said she thinks the "South Wharf' proposal can also proceed. Mr. Jeff Irion of IMG said they have never had difficulty obtaining outside funding for a viable project if they needed it. He said their concept does not concentrate development on the T - Heads and L -Head. He said their intention is to accommodate and provide for the sale of large boats and a series of parks along the bayfront, as well as a fisherman's wharf area. He said they are interested in the concerns of boaters and sailors. Minutes - Regular Council Meeting March 19, 2002 Page 9 Mr. Phil Rosenstein questioned why the Council went into executive session during a previous meeting to discuss the marina development project. He said he is against Landry's proposal because it will destroy something the public enjoys and parking will be very difficult. Mr. Andy Ficken, a marina tenant, said he is concerned about increased fees if development occurs in the marina. He also commented that parking there is at a premium and the marina should not be turned into a carnival area. Mr. Alan Dinn, Chairman of the Water/Shore Advisory Committee, said that at its last meeting the committee voted to not endorse staff's recommendation of Landry's proposal; however, they also did not vote to reject it. He said they need more information concerning how the proposal will affect the marina. Ms. Sylvia Whitworth, 36 Lakeshore Dr., said she and her husband rent a slip at the marina for their sail boat and they are active members of the Bay Yacht Club. She said she is opposed to both Landry's and Corradino's proposals but is in favor of Mr. Loeb's "South Wharf"plan. plan. Ms. Lynda Schneck, 13513 Camino de Plata, said she is a boat owner and is very strongly against Landry's project. She said she likes Kemah but they have a large population from which to draw. In addition, Landry's proposed Aquarium Caf6 would compete with the Texas State Aquarium and the planned Packery Channel development as a whole. Mr. Larry Frank, 6661 Bent Trail, said he is a marina tenant and Vice Commodore of the Bay Yacht Club. He said it is not realistic for the marina tenants to have to pay for the marina operations, which encompass a large area (from the barge dock to the coliseum). He said Corpus Christi's marina has a reputation for being unfriendly toward boaters, part of which is caused by their inability to stay aboard their boats. He said Landry's is only interested in making money through their restaurants and will not serve the marina. He urged the Council to not take any action on the marina development and to direct staff to work with the marina superintendent and the Water/Shore Advisory Committee to correct current mismanagement. Mr. William Walton, 333 Dolphin Place, said he is also a marina tenant. He said the bay is the focal point of Corpus Christi and the T -Heads are the focal point of the bay; as such, the bay's natural beauty should be respected. He also discussed the critical nature of parking and said that if Landry's proposal is approved, he will move his boat to another marina. Mr. Ron Chiles, 726 Imperial Harbor, said he is a member of the Bay Yacht Club and a marina tenant. He asked the Council to reject Landry's proposal and the RFP in general. He said the city is already full of restaurants and tourists come here to see the water --not restaurants. He said Corpus Christi will host Optimists (a kind of sailboat) on July 3-14, 2002, sponsored by the Corpus Christi Yacht Club. He urged the Council to meet with Bay Yacht Club members and to reject the Landry's project, which would be better suited on North Beach. Minutes - Regular Council Meeting March 19, 2002 Page 10 Mr. Glenn Blair, 7418 Vatter Dr., said he thinks a lot of development on the T-Heads and L-Head will be a distraction to that area. He said it should be built elsewhere. Dr. Martha Respondek, 121 Cole, said she is very active with sailboating and racing and is a member of the Bay Yacht Club. She said if the T-Heads are allowed to be turned into a carnival area, fewer sailboats will race because parking will be difficult and the boats will have to compete with the water taxis. She said once the marina is controlled by outside forces, it will be very difficult to get it back. Mr. Jerry Vaughn, 913 Miramar, said he is a long-time marina tenant and is strongly opposed to Landry's proposal. He said he has heard that Kemah is very noisy and does not serve its tenants. He said four restaurants on the T-Head will result in pollution and trash and parking will be very limited for marina tenants. He added that this proposal will compete with existing restaurants. Mr. Bill Sherko, 4534 Stony Creek Dr., said he is a marina tenant and member of the Bay Yacht Club. He asked the Council to reject all three proposals because they are too restricted to the bayfi:ont. He said such development could occur elsewhere. He also questioned Landry's willingness to serve the marina tenants' needs. Mr. Jack Gordy said he is also opposed to Landry's proposal. He said the marina, which is the city's most precious asset, belongs to all the citizens. He recalled the controversy surrounding the land mass proposal several years ago. Ms. Connie Vallie, 302 Waverly Dr., said the bayfront is used not only by boaters but by people enjoying several free activities, such as bike riding, walking and skating. She said improvements could be made to the marina and the city's parks. She questioned whether market studies have been conducted on the viability of the development; the damage that could be caused by hurricanes; and the difficulty of maintaining excessive landscaping. Mr. Mike Morgan, 4726 Congressional, said when he was younger he could not wait to get out of Corpus Christi. However, he has since moved back and realized that the city's bayfront and Padre Island are unique. He said the downtown area needs to be developed. Judge Robert B lackmon, 610 Delaine, said he is not against improving the T-Heads but he is opposed to this development. He said he was speaking on behalf of several youth with whom he sails in the marina. He said if Landry's project is built, he does not see how sailing crews will be able to conveniently reach their boats with all their equipment. In addition, the development will effectively take over the Lawrence Street T-Head. He added that there has been no discussion about the management of the marina and he urged the Council to reject Landry's proposal. Mr. Roy Pell, 5022 Rasputin Corot, said he is a marina tenant and active participant in waterfront activities. He said the marina's reputation has dwindled and most of the tenants are opposed to this development. He quoted from the RFP, saying there is very little mention about marina development that will benefit boaters, the customers for whom the marina exists. Minutes - Regular Council Meeting March 19, 2002 Page 11 Mr. CliffAtnip, 358 University, said if people are fearful of change, it will paralyze this city. He said he is also a boater but he does not believe the marina is just for boaters; rather, it is for every citizen. He said he believes Landry's is willing to make the concessions the boaters want and he discussed the importance of promoting tourism. He also commented about plans to build a parking garage across from the marina and he urged the Council to consider this or other proposals. Mr. J.E. O'Brien, 4130 Pompano, said he thought improving the bayfront and marina is a noble goal but its complexion should not be changed. He urged the Council to not tum the bayfront into another economic development scheme and to instead focus on improved marina management. Ms. Judy Ovard, 15353 Caravel Dr., said she has been sailing for many years and she has been advocating a functional, prime marina. She said the city needs to build accommodations for transient and large-vessel boaters and develop a positive public relations campaign for the marina. Mr. Jose Marroquin, 2433 Allencrest, said the issue on the November 2000 ballot was for seawall repairs but now the Council is promoting economic development of the bayfront. He said this development will destroy the natural beauty of the bay. Mr. Mark Adame, 6122 Lost Creek, said Landry's is trying to create an exciting environment for Corpus Christi and they have succeeded in doing so in many other cities. He encouraged the Council to support Landry's proposal. Mr. Henry LaMare, 7413 Vatter Dr., said he supports Landry's project, which can draw more people to the downtown area. He noted that Corpus Christi residents frequently travel to San Antonio to enjoy its amenities. He said if there are interesting things to do here, his children will want to stay in Corpus Christi. He urged the Council to approve Landry's plan. Ms. Gladys Choyke, 15321 Cartagena Court, said the plan is to develop a "marina improvement project." She said Landry's proposal does noth'mg to improve the marina and she urged the Council to reject it. Mr. Joe Adame, 1818 Graham Road, expressed concern about the people who resist change in Corpus Christi. He said he thinks it is time to move forward. He said through his travels he realizes that this city has many assets but they are not being taken advantage of. He said he knows how difficult it is to finance a real estate project and Landry's has the capability of doing so. Council Member Kinnison asked Mr. Adame, who is the chairman of the Corpus Christi Regional Economic Development Corporation, if they have discussed this issue. Mr. Adame replied that they have not but they can put it on their agenda and bring back a recommendation. Ms. Jill Thomas, 353 Jackson, said she is 14 years old and is active in the Seascout Ship One group. She said that sailing is very important to her and she is opposed to this proposal because she thinks it will be much more difficult to enjoy her hobby. Minutes - Regular Council Meeting March 19, 2002 Page 12 Dr. Mike McCutchon, 203 Jackson Place, said he has been involved in organizing two world- champion regattas this year (the Optimists regatta in July and the J-22 world championships in October). In addition, Corpus Christi is a strong contender for the sailing events of the 2007 Pan American games. He said if the marina is developed to the detriment of sailing, it will negatively affect the city. He said a $1.7 million grant from the General Land Office to dredge the marina is a huge coup and, as a result, the city does not need to sell out the marina anymore. Mr. Garrett made a motion to close the public hearing, seconded by Mr. Colmenero, and passed. Mayor Neal called for a brief recess. Upon reconvening, the Mayor thanked the citizens who gave their comments, the companies which responded to the RFP, and city staff. Mr. Kinnison said this public heating provided a good opportunity for dialogue and raised many questions for him. He said he would like more information about what is entailed in being "boater-fiSendly" as well as how to address the parking concerns. He said he would also like input from several entities, such as the Downtown Management District, the EDC, Convention and Visitors Bureau, Corpus Christi Yacht Club, Chamber of Commerce and Hispanic Chamber of Commerce. Council Member Chesney said this has been a very difficult issue for him and other Council members. He said that while they promote increased economic development, he feels staff should have first developed a marina master plan and obtained public input before soliciting proposals. He also thinks staff should develop a plan to accommodate live-aboards. He said the Council needs more information and he hopes that Landry's representatives will work with boaters to address their concerns. Mr. Kinnison suggested that rather than consider this issue next week, the Council should wait until late April, such as April 23, 2002. Council Member Noyola agreed that input is needed from many entities and individuals. Council Member Colmenero discussed the importance of retaining Corpus Christi's unique characteristics while still moving forward. He raised specific questions concerning parking, term of the contract, and other issues. Council Member Kelly said city staff did what they were asked to do and he agrees the Council needs more input fi.om affected groups. He said he thinks in their latest proposal, Landry's is attempting to address the boaters' concerns and he asked if there is room for negotiation. City Manager Garcia said in the sequence of events staff provided, one of the tasks is to select a successful respondent to the RFP so that detailed negotiations can be initiated in order to flesh out the proposal. He said based upon the comments made by both the public and the Council, it appears that most people were responding to Landry's proposal, as opposed to the proposals fi.om the Corradino Group and International Marina Group. Mr. Garcia went on to say that one of staff's major concerns--and part of the motivation of the whole RFP process--was how to upgrade the quality of the marina and make it a more boater- fi'iendly facility. He said the only way they saw to do that was to bring in outside resources, and staff felt that the only group that had the resources to adequately perform under the terms of the RFP was Minutes - Regular Council Meeting March 19, 2002 Page 13 the Landry's group. He said staff can meet with Landry's representatives as well as the entities specified by the Council and bring back a more fully developed concept. Mr. Kelly said one of the programs he would like to see accommodated is the Seascouts. Council Member Garrett said he does not think they are putting enough emphasis on the marina, including its infrastructure. He said there should be less emphasis on entertainment venues and restaurants. He said the T-Heads are very important to this community. Mayor Neal said something needs to be done to upgrade the marina and the Council needs to consider the options. Mayor Neal referred to Item 16 and a motion was made, seconded and passed to open the public hearing to consider abandoning and vacating a 2,000-square foot portion ora 20-foot wide alley right-of-way between Lots 9, 10, 11 and 12, Block 7, Brooklyn Addition, adjacent to the Coastal Boulevard street right-of-way. Mr. Stowers explained that the owner is requesting this action on the alley section on North Beach in order to construct a building. He said the fair market valub appraisal is $12,000. No one appeared in opposition to the proposal. Mr. Kinnison made a motion to close the public hearing, seconded by Mr. Noyola, and passed. City Secretary Chapa polled the Council for their votes: 16.b. ORDINANCE NO. 024805 Ordinance abandoning and vacating a 2,000-square foot portion of a 20-foot wide alley right- of-way between Lots 9, 10, 11 and 12, Block 7, Brooklyn Addition, adjacent to the Coastal Boulevard street right-of-way; requiring the owner, Mr. Alan Carmeli; to comply with the specified conditions and replat the property within 180 days at owner's expense. An emergency was declared and the foregoing ordinance passed as follows: Neal, Garrett, Kelly, Kinnison, Longoria, and Noyola vot'mg "Aye"; Chesney, Colmenero, and Scott absent. Mayor Neal deviated from the agenda and opened discussion on Item 18 related to the firefighters contract. City Manager Garcia explained that city staff and the Corpus Christi Firefighters Association (CCFFA) have been working on this issue for about eight months. During the weekend they reached a tentative agreement that staff feels satisfies the firefighters' concerns and they agreed to take it to their members. Mr. Noe stated that the last agreement with the CCFFA expired on July 31, 2000 and the union elected to forego a new contract in FY 2000-01 and operated under the "evergreen" clause. He said the CCFFA circulated petitions which were submitted to the city and the signatures were verified. Mr. Noe said the term of the proposed agreement is through July 31, 2003 and the only other amendment is regarding wages. He said there is one across-the-board raise which affects all Minutes - Regular Council Meeting March 19, 2002 Page 14 job classes but there was also an emphasis by the union to address the differential between Firefighter I and Firefighter II, as well as to provide for a greater progression for Firefighter II. Mr. Noe said this agreement is consistent in terms of the overall dollar amounts with the agreement that was reached with the Corpus Christi Police Officers Association (CCPOA) in the current fiscal year. He said there is what is called a "me too" clause linked to any CCPOA increase in FY02-03. He said the CCFFA's proposed agreement contains the following wage adjustments: 3% retroactive to August 1, 2001; March 1, 2002 step adjustments (averaging 2.4%); and November 1, 2002 step adjustments (3%). He noted that the last two adjustments were made to all classes but there are differential raises within various ranks to accomplish the union's goals. Mr. Noe said the settlement precludes a wage election; is consistent with previous policies; and is within acceptable limits for FY02-03. He said staffis recommending approval of the proposed resolution, which gives a counter-proposal to the petitioners that is the agreement they have reached. He said the resolution also states that if the petitioners agree to it, staff is authorized to execute a labor contract with the union with the changes that are spelled out in the first attachment. Mr. Carlos Torres, CCFFA President, said the reason the union decided to forego a new contract in FY00-01 was because of the financial difficulties the city was experiencing at that time. He said the CCFFA and city staff went through about eight months of negotiations as well as mediation. After a tentative agreement was reached last weekend, the union representatives worked hard to inform the members about it. Out of 295 union members, 239 voted for the contract, 21 voted against it and the contract was ratified. He thanked the Council, city staff, firefighters, police officers and citizens for their support. He dedicated the election to all the New York City firefighters, police officers and public safety officials who gave the ultimate sacrifice on September 11, 2001. Mr. Torres then introduced the members of the petitioning committee: Capt. Eddie Amaya, Fire Station No. 11; Capt. Clark McAllister, Fire Station No. 5; Capt. John Tanguma, Fire Station No. 1; and Firefighter II/Engineer David Martinez. He said he thought this was a mutually beneficial agreement. Mayor Neal and the Council members thanked Mr. Torres, the union members, and city staff for reaching an agreement. City Secretary Chapa read the caption of the proposed resolution. There were no other comments from the audience. Mr. Chapa then polled the Council for their votes: 18. RESOLUTION NO. 024806 Resolution approving a new collective bargaining agreement with the Corpus Christi Firefighters Association, subject to acceptance of the agreement by the Committee of Petitioners as an alternative salary proposal pursuant to Texas LocalGovernment Code Section 141.034(g). The foregoing resolution passed by the following vote: Neal, Chesney, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Colmenero and Scott absent. Minutes - Regular Council Meeting March 19, 2002 Page 15 Mayor Neal called for petitions from the audience. Mr. Jose Marroquin, 2433 Allencrest, questioned why several large companies are allowed to have delinquent utility accounts. He also said that a city staffmember should be reprimanded for comments he made to the media about a specific customer who had her utilities disconnected. Mr. Marroquin said the error was made by her bank and was not her fault. He said the staff member should also formally apologize to the woman. Mr. Jack Gordy, 4118 Bray, said that in 1999 a list was sent to the appraisal district with the names of the Mayor, Council members, and two city employees who were drawing car allowances. He said as of today there are 51 city employees drawing car allowances (which is different from mileage reimbursement). Mr. Gordy also commented on the upcoming executive session regarding the City Manager and he said that the city pays out $234,000 in car allowances. Mayor Neal referred to the presentation on the day's agenda (Item 17) regarding the multi- purpose arena and convention center projects. Deputy City Manager Noe said the project designs are about 60% complete and the team wanted to present them to the Council. Mr. Raymond Gignac of Gignac & Associates introduced the other members of the design team: Andrew McLean and Kevin Gordon of Thompson, Ventulett, Stainback & Associates, and Robert Fatovic and Bob Given of Architectonica. Using several diagrams, Mr. Gignac emphasized the connection that the arena and the convention center have to each other and to the Selena Auditorium. He said those facilities also relate to the Art Museum of South Texas and the barge dock. He said the designs have the following color designations: yellow- circulation space (entrances and lobby); blue- back of house or service areas (locker rooms, kitchens, etc.); deep red - vertical circulation; and dark rose - revenue- generating spaces (arena seats and convention center meeting rooms and Selena Auditorium). Mr. Gignac pointed out that the convention center ballroom and public circulation areas are oriented toward the bay in recognition of its unique attributes. Mr. McLean further discussed the design of the convention center and Mr. Fatovic addressed the arena's design. They pointed out that both facilities are being designed with the anticipation of future expansion. Mr. Gordon discussed the specific materials that will be used. Mayor Neal said the team was following the Council's direction in its design of the facilities. The architects, Mr. Garcia and Mr. Noe then responded to Council members' questions. Mr. Noe said they are anticipating beginning construction in November 2002 with completion in 18 to 22 months (summer of 2004). He added that next week there will be a discussion about the construction process, including a recommendation from the major projects committee. Mayor Neal announced the executive session (Item 19), pursuant to Texas Government Code Minutes - Regular Council Meeting March 19, 2002 Page 16 Section 551.074, regarding the City Manager. The Council went into executive session. The Council returned fi.om executive session. Mayor Neal called for the City Manager's report. Mr. Garcia said that on March 26th there will be a joint meeting at noon with the board of the Crime Control and Prevention District, followed by the regular Council meeting at 1 p.m. He said items to be addressed at that meeting include the skate park, compensation study, and arena and convention center construction issues. Mr. Garcia noted that the Council decided during their retreat on March 15, 2002 to hold a Council meeting on April 2nd to hear a series of presentations about the capital improvement program. He said the Council also decided to cancel the April 9th meeting because of the April 2nd meeting. In his report, Mayor Neal asked how staffplans to communicate the discussions the Council had during their retreat last week. Mr. Garcia said staffcan develop that information. The Mayor also requested a presentation next week on the cost comparison of euthanasia methods in the Animal Control facility. He then called for Council concerns and reports. Mr. Garrett said that flooding is occurring in the 5700 block of Wood Street as a result of the Crosstown exchange construction. He also commented favorably on the firefighters contract. Mr. Noyola questioned why there is now a four-way stop at the intersection of Crosstown access road and Gollihar. Mr. Stowers said that is a Texas Department of Transportation project. Mr. Noyola also said he has been told that Time Warner is planning to do away with its editing capabilities in the local studio. Mr. Garcia said staff will provide information. Mr. Longoria asked about the housing presentation. Mr. Garcia said it is scheduled for next week. Mr. Longoria also commended Mr. David Seiler, Traffic Engineer, who is retiring fi.om the city. Mr. Chesney expressed his condolences to the McCullough and Billish families for the losses of their loved ones, Tom McCullough and Don Billish. Mr. Chesney also announced that he, Mr. Garrett and Mr. Scott will be hosting a town hall meeting on March 25th at 6:30 p.m. at Island Presbyterian Church. He reiterated that the marina development will be further discussed at the Council's April 23rd meeting and he echoed Mr. Longoria's praise of Mr. Seiler. Mr. Chesney also commented on the importance of developing a policy for live-aboards in the marina. Mr. Garrett asked about the median landscaping on Leopard Street. Assistant City Manager Ron Massey said that TXDOT will issue a change order to the contractor to do the landscaping. Mr. Garrett also commended Mr. Seller. Mayor Neal thanked Nueces County for making a payment on MetroCom and all the people involved in that issue. There being no further business to come before the Council, the Mayor adjourned the Council meeting at 7:40 p.m. on March 19, 2002. AGENDA MEMORANDUM RECOMMENDATION: Motion approving a supply agreement with Pencco, Inc., San Felipe, Texas for approximately 2,050,000 gallons of ferrous sulfate in accordance with Bid Invitation No. BI-0062-02 based on low bid for an estimated annual expenditure of $466,375. The term of the supply agreement will be for twelve months with an option to extend for up to two additional twelve-month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted in FY 01-02 by the Wastewater Department. BACKGROUND: Purpose: This chemical will be used by the Wastewater Department for odor control at sixteen (16) treatment locations. In addition to supplying the chemical, the supplier will perform atmospheric and wastewater hydrogen sulfide (H2S) sampling at each of the treatment locations on a weekly basis. Previous Contract: The option to extend the current contract has been exercised, requiring new bids be received. Bid Invitations Issued: Seven Bid Received: Two Price Analysis: Pricing has decreased approximately 8% since the last contract of 1999. At the time of the extension last year, pricing was stable. Award Basis: Low Bid Funding: Michael Barrera, C(. P. M. Procurement & General Services Manager 520010-4200-33100 - $ 33,000 520010-4200-33110 264,000 520010-4200-33120 104,500 520010-4200-33130 - 35,200 520010-4200-33140 - 12,100 Total - $ 448,800 BID INVITATION NO.: BI-0062-02 FERROUS SULFATE QUANTITY: 2,050,000 GALLONS BUYER: ESTHER C. BARRERA VENDOR CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION UNIT PRICE TOTAL PER GALLON 1 PENCCO, INC. SAN FELIPE, TEXAS MFG: PENCCO, INC 0.2275 ~466~375.00 VALLEY SOLVENTS & CHEMICALS CORPUS CHRISTI, TEXAS MFG: VALLEY SOLVENTS 0.263 $539,150.00 Contract/Bid Summary Bid Invitation NO. BI-0062-02 Ferrous Sulfate Recmnmended Vendor - Pennco, Inc., Low Bidder Previous Vendor under Contract - Pennco, Inc. Local Bidder - No Location - San Felipe, Texas Other Bidder local - Yes Name - Valley Solvent & Chemicals Previous Bid Invitation - BI-0064o99, 3/10/99, Contract extended twice Controversial - No. Although we have a local vs. nonlocal issue, Permco, Inc. has been our supplier over the past three years. Additionally, the local bidder's price (Valley Solvent & Chemicals) is 16% higher than the recommended award. COUNCIL MEMORANDUM RECOMMENDATION: Motion approving a supply agreement with R & R Delivery Service, Corpus Christi, Texas for meal delivery service consisting of the delivery of approximately 126,002 meals for the Elderly Nutrition Program, Adult Protective and Title XX Meals on Wheels, in accordance with Bid Invitation No. BI-0061-02 based on low bid for an estimated annual expenditure of $134,822.14. The term of the agreement will be for twelve months with options to extend for up to two additional twelve-month periods, subject to the approval of the contractor and the City Manager, or his designee. Funds have been budgeted by the Senior Community Services of the Parks and Recreation Department in FY01/02. Purpose: This service will be used by the Senior Community Services for recipients of the Elderly Nutrition Program, Adult Protective, and Title XX Meals on Wheels of the home delivered meal program. This service consists of approximately 374 meals delivered to designated recipients during the noon hour, Monday through Friday for approximately 251 days. Previous Contract: The option to extend the previous contract was not exercised, due to revisions to the outdated specifications which needed to reflect the current requirements of the Department of Aging. Bid Invitation Issued: 5 Bids Received: 2 Basis of Award: Low Bid. Price Comparison: Pricing has increased approximately 16% since the last bid of October 2000. Funding: Park & Recm~ion- Se~or Community Services 530000- 1050 - 810802 -$ 86,579 530000 - 1050 - 810502 -$ 48,150 530000-1050- 810402-$ 96 Michael Barrera, ~ P M Procurement and General Services Manager $134,825 ~z =_o o~_. ,. n,- rn 0 uj "r' _11.1 --JUJ ~0 Contract/Bid Summary Bid Invitation NO. BI-0061-02 Meal Delivery Service Recommended Vendor - R&R Delivery Service, Low Bidder Previous Vendor under Contract - R&R Delivery Service, only bidder for past 10 years Local Bidder - Yes Other Bidder local - Yes Name - Direct Delivery Service Previous Bid Invitation - BI-0014-02, 10/17/02, Cancelled due to error to specs, apparent low bid was Direct Delivery Service. Controversial - possibly. We may get a protest due to canceling the previous bid. The apparent low bidder under that bid invitation, Direct Delivery Service, was very excited about being awarded the contract. He was rather upset when he found out we were not recommending an award. Under the current bid, Direct Delivery Service raised his price and R&R Delivery lowered his price. Therefore, they swapped positions on the tier. However, we have not heard from Direct Delivery Service on whether he plans to protest. COUNCIL MEMORANDUM RECOMMENDATION: Motion authorizing the City Manager or his designee to enter into a contract with Precision Task Group, Inc., Houston Texas for consulting services for PeopleSoft Benefits Administration Module implementation in accordance with the State of Texas Cooperative Purchasing Program for a total amount of $85,140. Funds have been budgeted by Risk Management in FY 01-02. Purpose: The PeopleSoft system was brought on-line in March 1999. The Benefits Administration Module was not implemented due to lack of resources at that time. During the last budget process, funds were allocated for the implementation of this module. It is expected that this implementation will greatly enhance the administration of the benefits program for City employees. The project plan estimates a completion date of June 1, 2002, coinciding with the City's next open enrollment period. Basis of Award: State of Texas Cooperative Purchasing Program-Qualified Information Systems Vendor. Funding: Risk Management 550050-5613-11460 $85,140 Procurement & General Services Manager CONSULTING AGREEMENT THIS CONSULTING AGREEMENT (the "Agreement"), made as of thisoqcifl day of March, 2002, is entered into by City of Corpus Christi, with a place of business at 120t Leopard St., Corpus Christi, TX 78401 (the "City") and Precision Task Group, Inc., with a place of business at 9801Westheimer, Suite # 803, Houston Texas, 77042 (the "Consultant' or "PTG"), and is effective upon execution by the City Manager or his designee. The City desires to retain the services of the Consultant and the Consultant desires to perform certain services for the City. In consideration of the mutual covenants and promises in the Agreement and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Services. The Consultant agrees to provide services to the City of Corpus Christi to implement the Benefits Administration module of the PeopleSoft HRMS system. The projected "go live" date of the Benefits Administration module is June 1, 2002. Specific services to be provided by PTG or the City are listed on Schedule A to this Agreement. During the Consultation Period (as defined below), the Consultant shall not engage in any activity that has a conflict of interest with the City. 2. Term. This Agreement shall commence on date of execution by the City Manager and shall continue for one year, (such period, as it may be extended, is referred to as the "Consultation Period"), unless earlier terminated in accordance with the provisions of Section 4. 3. Compensation. (a) Services and Expenses. The City shall pay to the Consultant consulting fees in amount of $165 per hour, plus any reasonable and customary out-of-pocket expenses which have been approved in advance by the City's Director on the project. The estimated cost of the implementation will not exceed $85,140 including travel and expenses. Such compensation is to be payable 30 (thirty) days following receipt of an itemized invoice for services rendered and expense incurred for the previous semi-monthly (14 days) period. Each invoice must include signed time sheets for the invoice period. PTG will provide a functional consultant to assist with the above scope and goals at a rate of $165 per hour inclusive of travel expenses. The estimated cost of the implementation will not exceed $85,140 including travel and expenses. (b) No Benefits. The Consultant shall not be entitled to any benefits, coverages or privileges, including, without limitation, social security, unemployment, medical or pension payments or stock options, made available to employees of the City. 4. Termination. The City may, without prejudice to any right or remedy it may have due to any failure of the Consultant to perform his obligation under this Agreement, terminate the Consultation Period upon thirty (30) days' prior written notice to the Consultant. In the event of any such termination, the Consultant shall be entitled to payment for services performed prior to the effective date of termination. Such payments shall constitute full settlement of any and all claims of the Consultant of every description against the City. Consultant may cancel this agreement for its convenience upon thirty (30) days' advance written notice to City. Upon such cancellation, Consultant shall continue to perform the services hereunder through the effective date of termination and be owed all fees for services performed through the effective date of termination 5. Cooperation. The Consultant shall use his best efforts in the performance of his obligations under this Agreement and provide personnel for the performance of the services who are duly qualified. The City shall provide such access to its information and property as may be reasonably required in order to permit the Consultant to perform his obligations hereunder. The Consultant shall cooperate with the City's personnel, shall not interfere with the conduct of the City's business and shall observe all rules, regulations and security requirements of the City concerning the safety of person and property and security of information. 6. Inventions. (a) All inventions, discoveries, computer programs, data, technology, designs, innovations and ixnprovements (whether or not patentable and whether or not copyrightable) ("Inventions") related to the business of the City which are made, conceived, reduced to practice, created, written, designed or developed by the Consultant, solely or jointly with others and whether during normal business hours or otherwise, during the Consultation Period or thereafter if resulting or directly derived from Proprietary Information (as defined below), shall be the sole and exclusive property of the City. The Consultant hereby assigns to the City all Inventions and any and all related patents, copyrights, trademarks, trade names, trade secrets and other industrial and intellectual property rights and applications therefor, in the United States and elsewhere and appoints any officer of the City as his duly authorized attorney to execute, file, prosecute and protect the same before any government agency, court or authority. Upon the request of the City and at the City's expense, the Consultant shall execute such further assignments, documents and other instruments as may be necessary or desirable to fully and completely assign all Inventions to the City and to assist the City in applying for, obtaining ad enforcing patents or copyrights or other rights in the United Sates and in any foreign country with respect to any Invention. (b) The Consultant shall promptly disclose to the City all Inventions and will maintain adequate and current written records (in the form of notes, sketches, drawings and as may be specified by the City). 7. Proprietary Information. (a) The Consultant acknowledges that his relationship with the City is one of high trust and confidence and that in the course of his service to the City he will have access to and contact with Proprietary Information. The Consultant agrees that he will not, during the Consultation Period or at any time thereafter, disclose to others, or use for his benefit or the benefit of others, any Proprietary Information or Invention. (b) "Proprietary Information" shall mean, by way of illustration and not limitation, all information (whether or not patentable and whether or not copyrightable) owned, possessed or used by the City, including, without limitation, any Invention, formula, vendor information, customer or client information, trade secret, process, research, report, technical data, know how, computer program, software, software documentation, design, technology, marketing or business plan, forecast, unpublished financial statement, budget, license, price, cost and employee list that is communicated to, learned of, developed or otherwise acquired by the Consultant in the course of his service as a consultant to the City. (c) The Consultant's obligations under this Section 7 shall not apply to any information that (i) is or becomes known to the general public under circumstances involving no breach by Consultant or others of the terms of this Section 7, (ii) is generally disclosed to third parties by the City without restriction on such third parties, or (iii) is approved for release by written authorization of the Assistant City Manager. 8. Independent Contractor Status. The Consultant shall perform all services under this Agreement as an "independent contractor" and not as an employee or agent of the City. The Consultant is not authorized to assume or create any obligation or responsibility, express or implied, on behalf of, or in the name of, the City or to bind the City in any manner. 9. Notices. All notices required or permitted under this Agreement shall be in writing and shall be deemed effective upon personal delivery or upon deposit in the United States Post Office, by registered or certified mail, postage prepaid, addressed to the other party at the address shown above (and if to the City, marked to the attention of City Attorney; or if to the Consultant, marked to the attention of President), or at such other address or addresses as either party shall designate to the other in accordance with this Section 9. 10. Insurance. Consultant agrees to comply with insurance requirements listed on the attached Exhibit. 11. Independent Contractor. Consultant will perform all professional services as an independent contractor and will furnish such services in its own manner and method, and under no circumstances or conditions will an agent, servant, or employee of the Consultant be considered an employee of the City. 12. Subcontractors. Consultant may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, Consultant must obtain prior written approval from the City. In using subcontractors, Consultant agrees to be responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Consultant. All requirements set forth as part of this Agreement will be applicable to all subcontractors and their employees to the same extent as if the Consultant and its employees had performed the services. 13. Applicable Law. This Agreement is subject to all Federal laws and laws of the State of Texas. All duties of the parties will be performed in the City of Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement will be the law of Texas and such forum and venue for such disputes will be the appropriate district, county, or justice court in and for Nueces County, Texas. 2 14. Waiver. No waiver of any breach of any term, or condition of this Agreement, will be construed to waive any subsequent breach of the same. 15. Amendment. This Agreement may be amended only by written Agreement signed by duly authorized representatives of the parties hereto. 16. Disclosure of Interests. Consultant further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this Agreement, the Disclosure of Interest form attached as an Exhibit to this Agreement. 17. Insurance. Consultant will comply with lhe Insurance Requirements provided in the attached Exhibit. 18. Indemnification. Consultant agrees to indemnify and save harmless the City, its agents, servants, and employees from any and all liabilities, claims, losses, damages, or expenses, including attorney's fees of third parties, resulting from Consultant's negligence or willful acts or omissions in performance of this Agreement. 19. Governing Law/Venue. The contract will be governed by the laws of the State of Texas. The applicable law for any legal dispute arising out of the contract shall be the law of the State of Texas. Any legal dispute shall be filed in the courts of Nueces County, Texas. 20. Data Ownership. Any data, databases, or any other information obtained or developed pursuant to this Contract is the sole property of the City and cannot be used without express written permission of the City Manager or his designee. 21. Entire Agreement; Amendments; Interpretation. This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral, relating to the subject matter of this Agreement. This Agreement may be amended or modified only by a written instrument executed by both the City and the Consultant. Whenever the context may require, any pronouns used in this Agreement shall include the corresponding masculine, feminine or neuter forms, and the singular forms of nouns and pronouns shall include the plural, and vice versa. This Agreement shall be construed, interpreted and enforced in accordance with the laws of the State of Texas. This Agreement shall be binding upon, and inure to the benefit of, both parties and their respective successors and assigns, provided that the obligations and rights of the Consultant are personal and shall not be assigned by him. 22. Miscellaneous. No delay or omission by the City in exercising any fight under this Agreement shall operate as a waiver of that or any other right. A waiver or consent given by the City on any one occasion shall be effective only in that instance and shall not be construed as a bar or waiver of any right on any other occasion. The captions used in this Agreement are for convenience of reference only and in no way define, limit or affect the scope or substance of any section hereof. In the event that any provision of this Agreement shall be invalid, illegal or otherwise unenforceable, the validity, legality and enforceability of the remaining provisions shall in no way be affected or impaired. above. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written City of Corpus Christi Approved as to form: James R. Bray Jr City Attorney Assistant City Attorney BY: George K. Noe Deputy City Manager Precision Task Group, Inc. Robert L. Simons, VP Schedule A To meet the goal of implementation of the Benefits Administration software, the following tasks will be performed by the parties as indicated below: PHASE I-DETERMINE ALL SYSTEM REQUIREMENTS FOR THE IMPLEMENTATION · Meet with COCC Municipal Information Systems department to coordinate timeframe for 8.0 upgrade and Benefits Administration implementation (PTG). · Review current modifications (document binder) to base benefits and Human Resources systems (PTG). · Fix Coverage Codes (PTG) · Create action/reason spreadsheet to determine event classes (PTG) · Document eligibility requirements for each plan type, including cross-plan validation (COCC) · Have eligibility requirements confirmed by Human Resources (PTG) Link each plan type to the appropriate program (COCC) · Document eligibility requirements for each program (COCC) · Identify and create any new programs that are needed (COCC) · If event rules vary within a program from event class to event class, either create a new program or plan type (COCC) · Create spreadsheet to document event rules for each event class within each plan type (PTG). · Establish the role of each project team member (PTG) · Identify COCC business processes related to Benefits Administration. (COCC) · Design and implement a prototype for the system components so that they can be used for proof-of-concept, development and user training.(PTG) · Develop a project plan that will accomplish the expected results by the due dates.(PTG) · Define the PeopleSoft business rules for the Benefits Administration system component (PTG). · Map the existing system's data elements to the new database tables (PTG) · Define, and build, any required system trees (PTG) · Identify and define any System customization requirements (if any)(PTG) · Develop the users and production/procedures (PTG) · Define the System test requirements, check-off procedures and acceptance test criteria (PTG) PHASE II - Begin the Implementation of the PeopleSoft Benefit Administration System · Set up any new programs, plans or options that are required (COCC) · Review required reports (PTG) · Link plans to the appropriate programs (COCC) · Set up eligibility rules table (COCC) · Modify action/reason table as required (PTG) Verify that Benefit programs are set up with correct plans and costs (COCC) Set up event class table (PTG) · Set up events rules table (COCC) · Link eligibility rules to appropriate programs, plans & options (COCC) · Link event rules to appropriate programs, plans & options (COCC) · Link default programs to pay groups (COCC) · Set up Balance ID listing each pay period (PTG) · Set up pay calendars and link appropriate balance ID (PTG) Additional City of Corpus Christi responsibilities: 4 · All customizations, if any, will be developed by COCC technical resources based on system specifications from COCC and PTG. However, PTG will provide additional resources to augment COCC's project resources on time and material, and on an as-needed basis. Customizations can be defined as new or modified PS tables, records, panels, PeopleCode, and reports. COCC will load or convert COCC's data to PeopleSoft. · The COCC resources assigned to the project will the follow the direction and guidance of either the assigned COCC project manager or a PTG consultant. · The COCC assigned technical and functional resources will be experienced in each of their respective areas. They will know the process llows, policies, and business requirements, and attend the recommended PS technica! track courses. · COCC will be responsible for ensuring that the internal deadlines and policy changes are met within the project timelines, including providing adequate personnel to meet projected schedules. · COCC will provide all necessary workspace, hardware, and installed PeopleSoft software. EXHIBIT INSURANCE REQUIREMENTS CONSULTANT'S LIABILITY INSURANCE The Consultant must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Consultant must not allow any subcontractor to conm~ance work until all similar insurance required of the subcontractor has been obtained. The Consultant must furnish to the City's Risk Manager two (2) copies of Certificates of Insurance, with the City named as an additional insured for all liability policies, and a blanket waiver of subrogation on all applicable policies, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. COMMERCIAL GENERAL LIABILITY including: 1. Conm~ercial Form 2. Premises - Operations 3. Products/Completed Operations Hazard 4. Contractual Insurance 5. Independent Contractors 6. Personal Injury TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Notice of Cancellation, material change, non-renew~ Bodily Injury and Property Damage termination is required on all certificates $2,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY--OWNED NON-OWNED $1,000,000 COMBINED SINGLE LIMIT OR RENTED CONSULTANT'S PROFESSIONAL LIABILITY to include: $2,000,000 COMBINED SINGLE LIMIT 1. ERRORS AND OMMISIONS WHICH COMPLIES WITH THE TEXAS WORKERS' WORKERS' COMPENSATION COMPENSATION ACT AND PARAGRAPH II OF THIS ACT AND PARAGRAPH 2 OF THIS EXHIBIT $100,000 EMPLOYERS' LIABILITY II. A. In the event of accidents of any kind, the Consultant must furnish the Risk Manager with copies of all reports of such accidents at the same time that the reports are forwarded to any other interested parties. ADDITIONAL REQUIREMENTS The Consultant must obtain workers' compensation coverage through a licensed insurance company or through self- insurance obtained in accordance with Texas law. If such coverage is obtained through a licensed company, the contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. If such coverage is provided through self-insurance, then within 10 calendar days after the date the Director of Human Resources or her designee requests that the Consultant sign the contract documents, the Consultant must provide the Risk Manager with a copy of its certificate of authority to self-insure its workers' compensation coverage, as well as a letter signed by the Consultant stating that the certificate of authority to self-insure remains in effect and is not subject to any revocation proceeding then pending before the Texas Workers' Compensation Commission. Further, if at any time before final acceptance of the Work by the City, such certificate of authority to self-insure is revoked or is made the subject of any proceeding which could result in revocation of the certificate, then the Consultant must immediately provide written notice of such facts to the City, by certified mail, return receipt requested directed to City of Corpus Christi, Financial Services, P.O. Box 9277, Corpus Christi, TX 78469- 9277 - Attention: Contract Administrator. Whether workers' compensation coverage is provided through a licensed insurance company or through self- insurance, the coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Consultant will be promptly met. Certificate of Insurance: The City of Corpus Christi must be named as an additional insured on the liability coverage, except for the Workers' Compensation coverage and a blanket waiver of subrogation on all applicable policies. If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled", and deleting the words, "endeavor to", and deleting the wording after "left". * The name of the project must be listed under "Description of Operations" At a minimum, a 30-day written notice of material change, non-renewal, termination or cancellation to the Risk Manager is required. If the Certificate of Insurance on its face does not show on its face the existence of the coverage required by items 1.B (1)-(6), an authorized representative of the insurance company must include a letter specifically stating whether items 1 .B. (1)-(6) are included or excluded. CITY COUNCIL AGENDA MEMORANDUM March 20, 2002 AGENDA ITEM: Motion authorizing the City Manager or his designee to purchase software modules, services, and vendor travel expenses for on-site services for Building Permits, Business Licenses, and Code Enforcement from HTE, Inc. in an amount not to exceed $102,200 for the departments of Development Services and Housing and Community Development. ISSUE: The Departments of Development Services and Housing and Community Development have selected HTE's Javaline browser based modules for Building Permits, Business Licenses, and Code Enforcement. Total costs for software modules and services are not to exceed $87,200 excluding travel and living, which are estimated not to exceed $15,000. These modules will be replacement systems for existing antiquated software in order to have systems that are fully integrated with the existing HTE land based system. In addition, the new modules will allow us to purchase future software modules (FY 20002-2003) for field inspections and project management. BACKGROUND: In March 1996, City Council authorized the purchase of an IBM AS/400 processor to run the HTE Customer Information, Land Use, Central Cashiering, and Accounts Receivable Systems. Due to the success of that implementation and the availability of new HTE modules, an RFI was issued December 14, 2001 to three vendors in order to solicit information for replacement software for existing antiquated applications. HTE, a QISV vendor, was the sole responding vendor. The current HTE system has proved to be an extremely reliable Customer Information System and has met the requirements to provide enhanced customer information to the Utility Business Office, Central Cashiering, Accounts Receivable/Collections, and Planning Departments. An expansion of the system to include the Departments of Development Services and Housing and Community Development functions will allow seamless access to all land based applications. Costs by module are as follows: HTE Licensed Programs License Fees Building Permits $17,300 Building Permits Conversion Services Business Licenses $ 6,550 $4,000 $1,400 Code Enforcement $13,450 $6,000 $2,850 Project Management Services HTE Travel & Living Expenses* $37,300 $18,000 $7,900 Training Fees Annual Support Service Fees Travel $8,000 $3.650 $12,000 $12,000 $15,000 $24,000 $15,000 Grand Total $102,200 *Calculation of travel and living estimates are based upon the average trip costs, including airfare, hotel, etc. estimated by HTE at the rate of $1,406. Expected number of trips is 10. Therefore total travel and living estimates will be $14,060, or not to exceed $15,000. FUNDING: Funding for purchase ofthemodulesand services will be ~omthefollowingfunds: 1020-11500-550050 $24,742 1020-12201-550050 $42,321 5210-40470-550050 $20,137 5210-40470-547010 $15,000 $102,200 REQUIRED COUNCIL ACTION: City Council approval is required for purchases over $25,000. RECOMMENDATION: Staff recommends the purchase of software modules, services, and vendor travel expenses for Building Permits, Business Licenses, and Code Enforcement for the departments of Development Services and Housing and Community Development for the total amount of $102,200 from HTE, Inc. Ogilvie F. Gericke Director of Information Systems Date Art Sosa Date Acting Director Developmental Services CONTRACT SUMMARY Vendor: HTE, Inc. Contract Terms: This contract is for purchase of software modules, services, and vendor travel expenses for Building Permits, Business Licenses, and Code Enforcement for the departments of Development Services and Housing and Community Development from HTE, Inc. for the total amount of $102,200 from HTE, Inc. as follows: HTE License Fees: Training fees: Data conversion fees: Project management fees: Application support fees: Travel and living costs: 40% upon execution of contract; 50% due sixty days later; the balance 10% due upon go live of the licensed programs but not later than November 1, 2002. On invoice, as incurred. 50% upon execution of System Change Request and remaining 50% upon completion. 34% upon execution of contract; 33% upon completion of 1st training session but not later than ninety days after contract execution; and 33% upon final go-live but not later than 270 days after contract execution. Prior to commencement of the initial term of support. Not included; invoiced as incurred. Contract Cost: The total contract cost for a one-year period is not to exceed $102,200. CITY COUNCIL AGENDA MEMORANDUM March 26, 2002 AGENDA ITEM: a. Ordinance appropriating $206,250 from the unappropriated fund balance for Wastewater Fund No. 4200 for services to update wastewater infrastructure data; amending Ordinance No. 024528 which adopted the FY2002 Operating Budget to increase appropriations by $206,250; and declaring an emergency. b. Motion authorizing the City Manager or his designee to enter into an agreement with EMA, Inc. for GIS related services for an amount not to exceed $494,000. Services included are to update and confirm the water and wastewater infrastructure data; to design the GeoData bases for the Utilities; and to convert the data to ESRI's ArcGIS software and migrate it to the GeoDatabases. Funds are available in the Gas, Stormwater, Water, and Wastewater Departments. c. Motion authorizing the City Manager or his designee to enter into an agreement with Spatial Solutions for an amount not to exceed $51,810. Services included are to convert the basemap and parcel data to ArcGIS software and migrate it to the GeoDatases. Funds are available in the MIS Fund. ISSUE: The City of Corpus Christi plans to migrate from its existing GenaMap Geographic Information System (GIS) software to ESRI's ArcGIS software and GeoDatabase. The migration involves the City's base map and parcel data as well as infrastructure data for water, wastewater, storm water, gas, and streets. The new software and database have the potential to improve the quality and availability of the City's GIS data. To realize this potential, the City must first prepare specific GeoDatabase designs for each dataset that will be converted. It is also important for the City to ensure that its infrastructure data sets are as complete and accurate as possible before investing in the conversion process. The Utilities will benefit from a successful GIS migration because field crews will have access to more accurate and timely information. This information is also needed for the new Work Management System. The Additional Background Information section outlines the tasks required to assist the Utilities in the migration process. The scope addresses the GeoDatabase designs for all infrastructure data that the utilities need and use. It also addresses the need to update and confirm the reliability of water and wastewater infrastructure data. The scope of services is divided into five tasks: 1) Program Quality Assurance and Oversight, 2) Data Pre-Processing (using a local sub- consultant), 3) GeoDatabase Design, 4) Data Migration, 5) Map Products and Symbology. The proposal received from EMA, Inc. for the above-mentioned GIS related services are for an amount not to exceed $494,000. b. The proposal received from Spatial Solutions is to convert the remaining data, with the exception of the Basemap layer, to Arc/Info. After migration of the data the majority of GIS work within the City will be done using Arc/Info. The only work to continue to be done using GenaMap will be the Basemap parcel maintenance while the new Arc/Info modules ArcSurvey and ArcParcel are being developed. It is hoped to transition this final task to Arc/Info in early 2003 by which time these modules will be introduced into the market and stable. This proposal also includes the writing of a program that will automatically convert the basemap as required or automatically after changes have been made to the new Geodatabase for ArcGIS. This proposal for GIS related services are for an amount not to exceed $51,810. FUNDING: a. Funds are budgeted in Gas $40,750 (530000-4130-34000), Stormwater $40,750 (530000-4010-32010); Water $206,250 (530000-4010-30000); and Wastewater $206,250 (530000- 4200-33000), for a total available of $494,000. b. Funds are budgeted in the MIS Fund (530000- 5210-40470) for a total available of $51,810. RECOMMENDATION: That the City Council authorize the City Manager or his designee to execute the agreements. Ogilvie Gericke Director of MIS AGENDA MEMORANDUM CONTRACT SUMMARIES EMA for GIS Services Task 1 - Program Quality Assurance and Oversight EMA will manage the entire mapping and Geodatabase design project. This includes oversight of mapping activities delegated to a local sub-consultant including oversight, quality assurance, and technical assistance. Task 2 - Data Pre-Processing EMA will provide services to update the Water and Wastewater Utilities' GIS layers with information from approximately 5,000 utility projects. Both the spatial information (points, lines, and polygons) and the tabular information, which consists of attributes that are directly related to the spatial information, will be updated to create a more representative model of the utility systems. The City of Corpus Christi is currently managing a contract for a GIS map adjustment to improve the spatial accuracy of the data. EMA proposes will begin working with the unadjusted utility datasets to update existing layer information. Once the adjusted GIS layers are returned to the City, EMA will begin adding new infrastructure to the maps. EMA will convert the existing GenaMap data to an ESRI GIS format for the update process and check the reformatted layers against the original layers for feature tags and total number of features. Task 3 - GeoDatabase Design GeoDatabase designs address the types and organization of infrastructure data as well as the business rules for data maintenance and relationships. The reliability and usefulness of ESRI's ArcGIS depend on the quality of the GeoDatabase designs. The Water and Wastewater utilities will rely on the GeoDatabase designs for water and wastewater data sets as well as the designs for the storm water, gas, and street infrastructure that may be co- located with the utilities. The City has retained the firm of Somers St. Claire to prepare its base map and parcel design for the ESRI ArcGIS migration. EMA proposes two GeoDatabase design services for the Water and Wastewater utilities: 1. Participate in the base map and parcel design activities lead by Somers St. Claire to ensure that these designs support utility needs. Lead the design of the water, wastewater, storm water, gas, and street GeoDatabases (with participation from Somers St. Claire) to ensure that the field data are structured to meet utility and Citywide needs. EMA proposes a series of six (6) GeoDatabase design workshops to educate City personnel about the development and use of the field infrastructure GeoDatabases and to gather information needed to complete the GeoDatabase design for each field infrastructure data set. EMA will construct the field infrastructure designs with Unified Modeling Language (UML). UML is a standard modeling language used by ESRI to build GeoDatabases. EMA will use Microsoft Visio 2000 Enterprise Version to create the UML models and to export these models into the physical database schema. After completing the GeoDatabase designs (and after the City has acquired and installed its ArcSDE software), EMA will tune the ArcSDE software, load sample data, and refine the GeoDatabase designs based on analysis of the sample data load. EMA will then re-generate the refined database designs for ArcSDE. Task 4 - Data Migration EMA will load the updated GenaMap Water and Wastewater data into the new GeoDatabases. DMS will deliver their completed data sets to EMA in ESRI shapefile format and EMA will load the data into the GeoDatabase. EMA will assist Somers St. Claire and the City in loading the storm water, gas, and street GenaMap data into the new GeoDatabases. Task 5 - Map Products and Symbology The ESRI AmGIS applications offer user-friendly map production functions. Before taking advantage of these functions, the utilities will need to configure standard formats and symbols. EMA will work with utility GIS analysts and end users to define and configure these standard formats and symbols. Schedule and Costs EMA proposes to complete this scope of services within nine months of the notice to proceed. EMA proposes a fixed fee for Tasks 1, 3, 4, and 5, to be billed on a per-task basis for the percentage complete for each task as follows: Task 1:$99,000 Task 2: not to exceed of $232,000 Task 3:$87,000 Task 4:$24,000 Task 5:$52,000 Spatial Solutions for Migration of Basemap and Partial Data from GenaMap to New ESRI Geo Database Background Spatial Solutions was founded by Dr. John Nicholson in October 1995. It was founded with the intent of providing the highest quality applications development services to Genasys customers in a cost-effective manner. Applications have been developed for city and county governments in the areas of utilities, engineering, assessment, planning, and parcel mapping. Spatial Solutions utilizes the most current state-of-the-art technology for development including GenaMap HP-UX workstations, Oracle, and other Genasys products including the Genius and Scripting development tools and the new Genasys Applications Development Toolkit. Since its inception Spatial Solutions has been very successful and effective at supplying quality, robust solutions at reasonable cost. Spatial Solutions has more combined GenaMap and Arc/Info experience than any other developer. In addition Spatial Solutions have supported more GenaMap to Arc/Info conversion projects than any other vendor. Spatial Solutions has now broadened its service offerings to focus on ARC-INFO GIS support. This support is primarily in the area of Visual Basic and C++ applications Using MapObjects, Arc IMS and Arc/Info Version 8. Dr Nicholson also has extensive experience working with City of Corpus Christi data while working on application development projects for the City and Nueces County Appraisal district. Applications developed include tax comparables mapping, zoning case automation, complaint tracking for the storm water and gas utilities, shape file conversion and hosting the City GIS Internet mapping site. Currently Spatial Solutions are supporting Thompson in adjusting the supplementary data layers to match the new adjusted basemap which is currently being completed by Thompson. Introduction The City of Corpus Christi is currently undergoing a conversion from GenaMap to Arc/Info by ESRI. It is anticipated that by the fall of this year that the majority of GIS work within the City will be done using Arc/Info. The only work to continue to be done using GenaMap will be the Basemap parcel maintenance while the new Arc/Info modules ArcSurvey and ArcParcel are being developed. It is hoped to transition this final task to Arc/Info in early 2003 by which time these modules will be introduced into the market and stable. This proposal is to perform data conversion tasks associated with the move to Arc/Info. All layers will be converted with the exception of the Basemap layer, for which a program will be supplied which will automatically convert the basemap as required or automatically after changes have been made. It is intended that the basemap continue to be maintained in GenaMap until Arc/Info 8.2 is stable, and all other layers will be maintained using ArcGIS. Currently, the Geodatabase for ArcGIS is being designed which will be the data repository for the converted data. The current proposal is an estimate to convert the data into this new format. This estimate is not final and will be subject to re-evaluation following the design being complete. It is anticipated that these estimates will prove accurate and only minor adjustment if any will be required. Conversion Task Overview The conversion will be made from the adjusted GenaMap maps to the new Arc/Info Geodatabase. The data will be delivered and installed in an SDE based enterprise Geodatabase. The work will be done partially in Colorado and partially on site in Corpus Christi. The conversion tasks are as follows: 1. Check vector layers for compliance with Geodatabase rules, adjusting any data items not fitting model or making appropriate adjustments to the model if required. 2. Convert vector layers for linear and area features maintaining tag and symbology information 3. Adjust symbology to match GenaMap symbology including the configuration and setup of any database symbology fields. This symbology will include point, line and polygon symbology. 4. Convert text layers and create Geodatabase based annotations. These annotations will be adjusted to compensate for alignment errors associated with non-standard alignment points. Also if multiple line or curved text exists in the maps special procedures will be developed to convert these features. 5. Associate annotations with related features marking those annotations with no feature association. 6. Create any additional relations required for the Geodatabase model. 7. Create application for conversion of the Basemap. 8. Install and test data conversion and application at the City. The conversion software will be developed partially in GenaMap and partially in VB/VBA for ArcGIS. Generally data filters will be developed in GenaMap for data items which will create conversion errors or are known not to convert correctly. Post processors to link data or create Geodatabase relationships will be developed using VB/VBA for ArcGIS. Layers to Convert The conversion will be applied to the layers and supplementary layers which have been adjusted for the basemap adjustment project with the exception of the water and wastewater layers which will be adjusted under a separate contract. The storm water and gas data layers will be converted, but no Geodatabase relationships will be developed. This simplified conversion will allow the storm water and gas departments to continue work pending their Geodatabase redesign and reengineering. The following layers will be subject to complete conversion: Lots (platted lot lines) LOTLINES Lot Number Text J 15LOTS, J 16LOTS, etc. Shoreline SHORE Easements J15ESMT, Jl 6ESMT, etc. Street Right-of-Way STROW Street Name Text STS Major Street Centerlines COVER Major Street Name Text COVERTXT Road Centerlines J 15CL, J 16CL, etc. Subdivision Boundary J 15 SUB, J 16SUB, etc. Subdivision Text J 15 SUBTXT, J 16SUBTXT, etc. Block Text J15BLKTXT, J16BLKTXT, etc. Annexation Boundary ANNEX City Limit Line CCLL Fire Response Districts FRD Parks PARKS Floodplain Boundary J15FEMA, J16FEMA, etc. Single Member District VOTEDIST Voting District VOTER Traffic Zone TZ Traffic Zone Text TZTXT Area Development Plan ADP Area Development Plan Text ADPTXT Zoning Boundary J 15Z, J16Z, etc. Zoning Text J 15ZTXT, J 16ZTXT, etc. Land Use Boundary J 15LU, J 16LU, etc. Land Use Text LUTXT Street Light J15LITES, J16LITES, etc. Traffic Sign J15SIGNS, J16SIGNS, etc. Census Tracts CTR Census Tracts Text CTRTXT Census Block Groups CBG Census Block Group Text CBGTXT Public School Sites SCHOOLS Vector Map Processing / QA (I0 maps) Text Map Processing / QA (11 maps) Polygon Map Processing / QA (13 maps) Partial Vector Map Processing / QA (5 maps) Partial Text Map Processing / QA (1 maps) Partial Polygon Map Processing / QA (1 maps) On-Site Install / Testing / Support Travel Expenses Total 30 110 78 5 3 2 48 551 2,550 9,350 6,630 425 255 170 4,080 2,000 51,810 Spatial Solutions will bill the City monthly for tasks of those described above which are completed within each month. The balance will be billed on completion of the project. ORDINANCE APPROPRIATING $206,250 FROM THE UNRESERVED FUND BALANCE IN WASTEWATER FUND NO. 4200 FOR SERVICES TO UPDATE WASTEWATER INFRASTRUCTURE DATA; AMENDING ORDINANCE NO. 024528 WHICH ADOPTED THE FY2002 OPERATING BUDGET TO INCREASE APPROPRIATIONS BY $206,250; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $206,250 is appropriated from the unreserved fund balance in Wastewater Fund No. 4200 for services to update wastewater infrastructure data. SECTION 2. That Ordinance No. 024528 which adopted the FY2002 Operating Budget is amended to increase appropriations by $206,250. 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 ,2002. ATTEST: THE CITY OF CORPUS CHRISTI Annando Chapa City Secretary Samuel L. Neal, Jr. Mayor LEGAL FORM APPROVED JAMES R. BRAY, JR. CITY ATTORNEY ,2002; By: Lisa Aguilar Assistant City Attorney AGENDA MEMORANDUM DATE: March 26, 2002 SUBJECT: Memorial Coliseum Air Handler Replacement- 2002 (Project No. 4253) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a construction contract in the amount of $40,171 with Miller & Miller Mechanical Contracting Co., Inc. of Corpus Christi, Texas for the Memorial Coliseum Air Handler Replacement Project - 2002. ISSUE: The air handlers at Memorial Coliseum are the original equipment and are no longer able to provide proper cooling, dehumidification or maintain humidity control. RECOMMENDATION: Hal Paterson Director- Convention Facilities Approval of the ordinance and motion as presented. ~ngel R. Escobar, P. E. cting Director of Engineering Services Attachments: Exhibit A. Exhibit B. Exhibit C. Exhibit D. Background Bid Tabulation Project Budget Location Map H:\HOME\KEVINS\GEN\COLISEUM~AHU2001\!AGENDA.M ADDITIONAL INFORMATION BACKGROUND: An evaluation of air infiltration, cooling, dehumidification and humidity control was completed in April 2000. The evaluation prioritized a number of needed improvements, which are being undertaken as funding permits. The air handlers in Memorial Coliseum are original equipment, and have reached the end of their economic life. The Coliseum has a total of four (4) air handler units. The air handlers in their current operating capacity are not able to provide proper cooling, dehumidification or maintain humidity control. PROJECT: The project will result in the demolition and removal of one air handler, and installation of a new replacement air handler. The work includes all piping and control modifications necessary to complete the project. PRIOR ADMINISTRATIVE ACTIONS: 1. November 26, 2001 - Award of a contract in the amount of $5,000 for engineering services to Turner Engineers, Inc. BIDS: Bids were opened March 13, 2002. Four bids were received ranging from $40,171 to $55,987. The high bid was deemed irregular, as the bid bond did not name the project in accordance with Special Provision A-5 of the contract. The Iow bid was submitted by Miller & Miller Mechanical Contracting Co. Inc. Miller & Miller is an established local mechanical contractor that has successfully completed many City jobs. They are deemed capable of completing the contract. FUNDING: Funding is available from the Visitors Facility Fund. RECOMMENDATION: Approval of the ordinance and motion as presented. ~ENGINEERING\DATAI\HOME~LYNDAS~GEN\PUBLIC FACILITIES~4253 - MEMORIAL COLISEUM AIR HANDLER~ACKGROUND.DOC EXHIBITA J Page 1 of I Exhibit B Page I of 1 MEMORIAL COLISEUM AIR HANDLER REPLACEMENT Project No. 4253 PRELIMINARY BUDGET March 19, 2002 Department Fund Preliminary Actual Bud~let Visitors Facility Fund $54,000 Total $54,000 Construction 40,171 Construction Contingencies (10%) 4,000 Engineering Design Liaison 1,000 Design Consultant (Arch/Engineer) 5,000 Misc. (Printing & Advertising) 2,000 Construction Inspection 0 Total 52,171 l EXHIBIT C J Page 1 of I File : \Mproject\councilexhibits\exh4255.dwg NUECES BAY LOCATION MAP NOT TO SCALE PROJECT LOCATION CORPUS CHRISTI N BAY BORN N BROADWAY CORPUS CHRISTI MARINA PROJECT SITE MEMORIAL COLISEUM ~MEMOR~L CORPUS CHRIS, BAY CITY PROJECT No. 4253 VICINITY MAP NOT TO SCALE EXHIBIT "D" MEMORIAL COLISEUM AIR HANDLER REPLACEMENT CITY OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT DE~R~T OF ENGINE~ING S~C~ PAGE: I of 1 DA~: 05-19-2002 CITY COUNCIL AGENDA MEMORANDUM Date: March 18, 2002 SUBJECT: Temporary Closing of Coopers Alley for Artfest 2002 AGENDA ITEM: Motion approving the application from the Art Community Center of Corpus Christi to temporarily close Cooper's Alley between northbound and southbound Shoreline Boulevard between the hours of 7:00 AM and 7:00 PM on April 13 - 14, 2002 for the Artfest 2002 event. ISSUE: The Art Community Center of Corpus Christi desires to use Cooper's Alley between northbound and southbound Shoreline Boulevard as part of its event site for the Artfest 2002 event which will be conducted on the Art Center grounds and in Sherrill Park. REQUIRED COUNCIL ACTION: Street closing permits for large street events require Council approval. RECOMMENDATION: Approval of the motion and ordinance as presented. Additional Support Information 1. Background Information 2. jcOi'L'Angel R. Escobar, P.E. Director of Engineering Services Exhibit 1 - Proposed Street Closure Location Map Temporary Clos nf~ of Cooper's Alley for Adfest 2002 Page I of 2 AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: Background Information. The Art Community Center of Corpus Christi annually conducts an 'artshow' to allow local and regional artists to exhibit their art products and skills to the community, and to offer their art for sale. Approximately 50 artists will participate in this year's event. The 2002 event will be the 9th consecutive Artfest. The Art Center is requesting a temporary street closing of Cooper's Alley to conduct this year's Arffest activities on each of Saturday, April 13 and Sunday, April 14, 2002. The current construction activities for the Art Center Expansion is curtailing use of some of the Art Center property for normal Arffest activities. This year's event activities will be primarily conducted on the Art Center south parking lot with some activities planned in Sherril Park. The requested temporary closing of Cooper's Alley will serve to accommodate parking for the disabled, to allow artists to load and unload their art products and equipment, and to provide a safe traffic-free connection between the Art Center parking lot and Sherril park for those attending this event. Event festivities will include general entertainment, a silent auction, and children's activities. If approved, this section of Cooper's Alley will be fully closed beginning 7:00 AM on Saturday, April 13th and will be re-opened to traffic by 7:00 PM the same evening. The same hours of closure will be repeated on Sunday, April 14th. Street Detours: Detour signage will be provided to guide motorists around the event site along Shoreline Boulevard. Effect on Cooper's Alley L-Head Access and other Properties Local attractions and activities have not expressed any opposition to the requested temporary closing of Cooper's Alley. Temporary Closinq of Cooper's Alley for Arffest 2002 Page2 of 2 "L-HEAD" ART COMMUNIIY CENTER SHERRIL PARK ~ PROPOSED TEMPORARY STREET CLOSING COOPER'S ALLEY FOR ARTFEST 2002 SITE MAP Traffio Engineering Div. Engineering Services Dept. CITY COUNCIL AGENDA MEMORANDUM MARCH 21, 2002 AGENDAITEM: AN ORDINANCE AMENDING SECTION 10-86 OF THE CODE OF ORDINANCES REGARDING BEACH USER FEES; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. ISSUES: The City submitted recently adopted ordinances to the General Land Office (GLO) for certification that would allow the City to impose beach user fees in the form of a beach parking permit on Gulf of Mexico beaches within the City. The GLO has conditionally certified our proposed beach user fees, but conditioned final certification upon the City making two changes to our Dune Protection and Beach Access Regulations, Chapter 10 of the Code of Ordinances. A copy of the GLO conditional certification is attached (see Attachment A). Unfortunately, notwithstanding the GLO's conditional certification, the City will not be able to actually impose the fees until GLO's conditional certification formally takes effect. Before it becomes effective GLO needs to publish it for public comment in the Texas Register and circulate it for comment by the members of the Coastal Coordination Council. The City's beach user fees will be a $6.00 per calendar year beach parking permit under the interlocal agreement between the City of Port Aransas, Nueces County and the City of Corpus Christi. The two amendments Section 10-86 requested by GLO for unconditional certification are: Section 2 of the ordinance relating to the $6.00 yearly fee for beach parking permits (Ordinance No. 024779, adopted on February 19, 2002) must be included in Chapter 10, Article VIII, Section 10-66 of the Dune Protection and Beach Access Regulations. In accordance with 31 TAC §15.8(b) of the Beach/Dune rules, the language in the first sentence of Chapter 10, Article VIII, Section 10-86(C), that states "the City Council may authorize:" must be changed to read "the City Council shall authorize:" This proposed ordinance (Attachment B) addresses GLO's concerns. City Council Dune Protection and Beach Access Regulation Amendments March 21, 2002 Page 2 PRIOR CITY COUNCIL ACTION: Januaw 15,2002 Ordinance 024733 modified beach fee and free beach areas Januaw 15,2002 Ordinance 024734 authorized the collection of beach user fees by the City of Corpus Christi. February 12, 2002 Resolution 024775 authorized an interlocal agreement to establish the Mustang and North Padre Islands Unified Beach Parking Permit system. February 19,2002 Ordinance 024778 modified appendix that showed beach fee and no fee areas, expanded provisions dealing with public access to beach. February 19, 2002 Ordinance 024779 set the beach parking permit fee at $6.00 per calendar year. FUTURE COUNCIL ACTION: NA REQUIRED CITY COUNCIL ACTION: Approval. STAFF RECOMMENDATION: Staff recommends approval of the proposed ordinance Michael N. Gunning, AICP Director of Planning A~achments: Attachment A: Attachment B: Copy of GLO memorandum Ordinance amending Section 10-86 Ordinances regarding beach user fees of the Code of 03/2*0/02 Y/ED 07:58 FAX 512 475 0680 GLO COASTAL Land David Dewhurst Commissioner I~tOffkeSox1~873 Aml~n, Texas 78711-2873 Stephe~ F Austin Buitding 1700 Nor{h Cong~s Avenue Austin, Texas 78701.14~5 512.463.5001 1.800,998.4GLO M~rch 19, 2002 Via Facsimile&ReglflarNIai[ Mr. David R. Garcia City Manager City Of Corpu~ Christ~ P. O. Box 9277 Corpus Christi, Texas 78469-9277 Dear Mr. Garoia: This letter is sent to inform the City of Corpus Christi (City) that the Land Offioo is recommending conditional certification of the beach User fee plan amemdment to the City of Corpus Christi's Dune Protection and Beach Access Regulations (Regulations). Although it is our preference to resolve all of our concerns and certify plan amendments without conditions, we am recommending conditional certification to accommodate tho City's expressed goal of collecting beach u~r fe.~ a~ soon aa possible. The conditional cextificafion will be valid for 180 days after the conditional certification becomes effective; during which time the City must modify its beach user fee plan consistent with our comments noted in this lotler. This eonditimml certification only affects the beach user fee portion on the City's regulations aad not the entire Dune Protection and Beach Access Regulations. Based on our tech~cal and legal review of the City's proposed beach user fee plan, we have the following comments: · Section 2 of the ordinance relating to the $6.00 yearly fee for beach pahking poi'ii,Its must be included in Chapter 10, Article VIII, Section 10-86 of the Dune Protection and Beach Aec. ess Regulations. · In accordance with 31 TAC §15.8(b) ofthc beach/dune rules, the langnago in the first sentence of Chapter 10, Article VIII, Section 10-86(C), that states "the City Couaoil may authorize:" must be changed to read "the City Council shall authorize:" Our next step is to ~ubmit the proposed rule conditionally certifying the City's beach use~ fee plan to the Texax Register for the statutory notice period as requirod under Tera, Government Code §2001.023, and to the o3/2'o/o2 WED 07:69 FAX 512 ,t75 0680 GLO COASTAL ~003 Mr. David Coastal Coordination Council for their review and coraments as required under 31 TAC §505.22. Once the process has b~en completed, the City of Corpus Christi may bo able to begin collecting beach u~er £oe~ as early as June 2002. We appreciate all lhe hard work that you and your staff have put into this beach User fee plan. We also appreciate the level of cooperation that the City of Corpus Christi demonstrated in addressing and resolving all but two of our concerns. If we can be of any timber assistance, please feel free to contact Mr. Shawn Hardeman at (512) 463-5050, orme at (512) 475-1464. S~nc~r~ly, William D. (himes Director, Kesoarce Conservation Division Resource Managem,mt Program WDG:sh Mr. Jay Reining, City Attorney's Office, Corpus Christi Ms. Priscilla Hubenak, Office of the Attorney Genre'al AN ORDINANCE AMENDING SECTION 10-86 OF THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, REGARDING BEACH USER FEES; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 10-86 of the Code of Ordinances is revised to read as follows: Sec. 10-86. Beach User Fees. (a) In order to establish and maintain beach-related services and facilities for the preservation and enhancement of access to and from and safe and healthy use of public beaches by the public, the following beach user fees are established: (1) Beach Parking Permit. a. Procedures for Setting Beach ParkinR Permit Fees. 1~ The City Manager shall prepare a proposed fee schedule of beach parking permits. 2. This schedule shall be submitted to the City Council on an annual basis during the preparation of the City's annual operating budget. The fees must recover, to the extent possible, the City's costs of providing beach-related services, as defined in Section 10- 87.B. 3. The parking permit fee schedule must be adopted by the City Council as an amendment to this section. 4~ The parking permit fee schedule shall be filed with the City Secretary, and copies shall be provided to the City Council. 5~ Any change in beach user fees shall not go into effect until approved by the General Land Office under §15.8(e) of Title 31 of the Texas Administrative Code. b. Beach Parkin.q Permit Fee Schedule. The fee for a beach parking permit is $6.00 per calendar year for each vehicle parked on a public beach within the City, except within the Mustanq Island State Park, or any area designated as a free beach areas in Appendix VII of the City Of Corpus Christi, Texas, Dune Protection And Beach Access Regulations. (2) Reserved. R24018A1 .doc 2 (b) No beach parking permit fee shall be charged for parking in the free beach areas designated in Appendix VII. (c) In lieu of the beach parking permit issued by the City under subsection A of this section, the City Council..may shall authorize: (1) recognition of beach parking permit stickers issued by the City of Port Aransas or Nueces or Kleberg County, if the governmental entity imposes a beach parking permit fee that equals or exceeds the City of Corpus Christi beach parking permit fee and enters into an interlocal cooperation agreement with the City that provides for reciprocal recognition of beach parking permits; "-.",d/or (2) adoption of a unified parking permit pursuant to an interlocal cooperation agreement with the City and one or more of the governmental entities named in (1) above. SECTION 2. 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 of this ordinance be given full force and effect for its purpose. SECTION 3. A violation of this ordinance or requirements implemented hereunder shall constitute an offense, punishable as provided in Section 10-97 of the City Code of Ordinances. SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 5. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of ,2002. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor R24018A1.doc APPROVED: This 21st day of March, 2002: James R. Bray, Jr. City Attorney R. J~ R~)t'ning Firs{ AsSistant City Attorney 3 R24018A1.doc '~ ' r; .... AGENDA MEMORANDUM DATE: March 21,2002 SUBJECT: Spur 3, Phase 2 Ennis Joslin/Nile Drive Project No. 6062 AGENDA ITEM: Resolution authorizing the City Manager or his designee to execute Change Order No. 37 with Texas Department of Transportation in the amount of $48,535.20 for the installation of ground boxes for future street lighting as part of the Spur 3, Phase 2 Ennis Joslin Road construction contract in accordance with the Advanced Funding Agreement. ISSUE: Future street lighting improvements along Ennis Joslin Road will require the installation of ground boxes. It is proposed to install the ground boxes during the construction phase of the Spur 3, Phase 2 Project to avoid future conflicts and excavation of new improvements. FUNDING: Funding is available in Street Department Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. Director of Engineering Services Additional Support Material: Exhibit"A" Background Information Exhibit "B" Location Map H:\HO M E~VEL MAR~G EN~STR E ET~TXDO3~SPUR 3~CHANGE ORDER 37'¢,GEN DA MEMO BACKGROUND INFORMATION SUBJECT: Spur 3, Phase 2 Ennis Joslin/Nile Drive Project No. 6062 PRIOR COUNCIL ACTION: 1. November 6, 1992 - Resolution expressing the commitment of the City Council to constructJprovide funding for right-of-way acquisitions, utility relocations, and wetland mitigation for upgrading and reconstruction of Ennis Joslin Road. 2. November 18,1993 - Resolution authorizing the City Manager to execute an agreement with TXDOT relative to improvements to Spur 3, including Ennis Joslin Road. 3. July 1611996 - Motion authorizing the City Manager to execute a contract in the amount of $143,818 with Naismith Engineering, Inc. for engineering services associated with the Spur 3, Phase 2: Ennis Joslin Road utility adjustments and Nile Drive improvements. 4. October 281 1997 - Motion authorizing the City Manager to execute a Participation Agreement with Baypoint, LTD., a Texas Corporation, for the relocation and or installation of a portion of the public utilities in conjunction with the Spur 3, Phase 2 improvements, the City's share of which will not exceed $217,000. 5. June 29, 1999 -Motion authorizing the City Manager to execute Amendment No. 3 in the amount of $19,050 to the contract for engineering services with Naismith Engineering, Inc. for the Spur 3, Phase 2: Ennis Joslin Road utility adjustments and Nile Drive improvements. 6. February 29, 2000 - Resolution of Statement Expressing Official Intent to Reimburse Costs of Spur 3, Phase Improvements: Ennis Joslin Road from Ocean Drive to South Padre Island Ddve and Nile Drive from Pharaoh Drive to Ennis Joslin Road. 7. February 29, 2000 - Ordinance appropriating $118,320 from the Unreserved Fund Balance in the Combined Utility Systems Fund; loaning and appropriating in the No. 3539 Street Capital Improvement Project 2000 (CO) Bond Fund for the City's share of the State's Spur 3, Phase 2 Improvement Project, to be reimbursed to the Combined Utility Systems Fund with interest; amending the FY 1999-2000 Budget, adopted by Ordinance No. 023702 by adding $118,320 to the Combined Utility Systems Fund; amending the FY 1999-2000 Capital Budget, adopted by Ordinance No. 023703 by adding $118,320 to the No. 3539 Street Program; and declaring an emergency. 8. February 29, 2000 - Resolution authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Advanced Funding Agreement with the Texas Department of Transportation (TXDOT) in the amount of $6,039,661.98 for construction of the Spur 3, Phase 2 Improvements: Ennis Joslin Road from Ocean Drive to South Padre Island Drive and Nile Drive from Pharaoh to Ennis Joslin Road; and associated utility work. I EXHIBIT "A" Page 1 of 3 PRIOR COUNCIL ACTION (continued): 9. June 12, 2001 - Motion authorizing the City Manager, or his designee, to increase the escrow amount as a result of higher bid prices than estimated and to execute Change Orders Nos. 10, 13, and 24 with the Texas Department of Transportation in the amount of $205,649.76 as part of the Spur 3, Phase 2 Ennis Joslin/Nile Drive construction contract in accordance with the Advanced Funding Agreement. 10. Various actions related to the acquisition of parcels required for street right-of-way and utility easements. PRIOR ADMINISTRATIVE ACTION: 1. December 17,1997 - Amendment No. 1 in the amount of $12,960 to contract for engineering services with Naismith Engineering, Inc. for services associated with a change order to the Bay, Inc. contract for Phase 1 improvements and design of a new dam at the Pharaoh Golf Course. 2. March 2, 1999 - Engineering agreement in the amount of $10,000 with Naismith Engineering, Inc. for the Spur 3, Phase 2 Pharaoh Valley Golf Course Water Rights Permitting - Phase 1/Permit Application. 3. December 20, 1999 - Amendment No. 1 in the amount of $4,800 to the contract with Naismith Engineering, Inc. for the Spur 3, Phase 2 Pharaoh Valley Golf Course Water Rights Permitting - Phase 2/Permit Application. 4. May 10, 1999 - Amendment No. 2 in the amount of $2,000 to contract for engineering services with Naismith Engineering, Inc. for services to coordinate GLO easement acquisition. 5. January 11, 2000 - Amendment No. 4 in the amount of $6,000 to the contract for engineering services with Naismith Engineering, Inc. for services associated with the TxDOT Logo and Copyright Information to Plan Sheets, 6. Au.qust 24, 2001 - Agreement with Pyle & Associates, Inc. in the amount of $11,000 for professional services associated with the Spur 3, Phase 2 Right-Of-Way Surveys. 7. October 31,2001 - Amendment No.1 to the Agreement with Pyle & Associates, Inc. in the amount of $11,300 for professional services associated with the Spur 3, Phase 2 Right-Of-Way Surveys. 8. Vadous actions related to the acquisition of parcels required for street right-of-way and utility easements. FUTURE COUNCIL ACTION: 1. Additional change orders may be necessary as project proceeds to completion. BACKGROUND: Future street lighting improvements along Ennis Joslin Road will require the installation of ground boxes. It is proposed to install the ground boxes during the construction phase to avoid future conflicts and excavation of new improvements. Completion of this project will improve traffic flow and safety along Ennis Joslin Road leading to the Texas A & M University campus as well as complete the Nile Drive project approved in the 1986 Bond Program. FUNDING: Funding is available in the Street Department Capital Improvement Budget. EXHIBIT "A" I Page 2 of 3 H:~HOMEIVE LMAR\GE N'~STREET~TXDOT~SP U R 3'~HANGE ORDER 37~AGENDA BACKGROUND SUMMARY OF CHANGE ORDERS: STORM WASTE STREET WATER WATER WATER GAS TOTAL Escrow Surplus -196,748.78 72,327.09 227,584.57 591,618.19 250,425.83 945,206.90 Ch. Order 5 -2,407.50 -2,407.50 Ch. Order 7 -6,259,50 -6,259,50 Ch. Order 10 -45,003.34 -45,003.34 Ch. Order 11 -21,865.31 -21,865.31 Ch. Order 13 -4,037.28 -33,690.14 -19,700.28 -57,427.70 Ch. Order 14 -8,900.98 -8,900.98 Ch. Order 15 -6,677.16 -6,677.16 -6,677.16 -20,031.47 Ch. Order 16 -19,644.90 -19,644.90 Ch. Order 17 -4,444.00 -12,015.28 -16,459.28 Ch. Order 23 -3,921.08 -3,921.08 Ch. Order 24 -25,348.46 -25,348.46 Ch. Order 28 -3,118.79 -3,118.79 -6,237.58 Ch. Order 31 -13,582.00 -4,527.33 -18,109.33 Ch. Order 36 -6,418.93 -6,418.93 Ch. Order 37 -48,535.20 -48,535.20 Escrow Surplus -264,524.97 39,977.91 166,072.49 482,873.67 214,237.24 638,636.34 Change Order No. 37 compensates the Contractor for installation of ground boxes for all equipment, labor, materials, and incidentals needed to complete the work. H:'~HO M E~VEL MAR~GEN~STREET~TXDO~SPUR 3~CHAN GE ORDER 37~AGENDA BACKGROUND EXHIBIT "A" Page 3 of 3 I File : ~Mproject~councilexhibits~exh6062.dwg CORPUS CHRISTI BAY N PROJECT LOCATION CAYO DEL OSO LOCATION I AP NOT TO SCALE CITY PROJECT No. 6062 EXHIBIT CITY COUNCIL EXHIBIT CI~ OF CORPUS CHRISTI DEPARTMENT OF ENGINEERING SERVICES PAGE: I of 1 DATE: 0.~- 19-2002 Spur 3, Phase 2 Improvements - Ennis Joslin Road from Ocean Drive to $.P,I.D. - 2.32 miles and Nile Drive from Pharaoh Drive to Ennis Joslin Road RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE CHANGE ORDER NO. 37 WITH THE TEXAS DEPARTMENT OF TRANSPORTATION IN THE AMOUNT OF $48,535.20 FOR THE INSTALLATION OF GROUND BOXES FOR FUTURE STREET LIGHTING AS PART OF THE SPUR 3, PHASE 2, ENNIS JOSLIN ROAD CONSTRUCTION CONTRACT NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Manager or his designee is authorized to execute Change Order No. 37 with Texas Department of Transportation in the amount of $48,535.20 for the installation of ground boxes for future street lighting as part of the Spur 3, Phase 2, Ennis Joslin Road construction contract in accordance with the Advanced Funding Agreement. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED:~-/ DAY OF ~.~ James R. Bray, Jr. City Attorney By: ~h~p. Burke, jr.~~ ~sistant City Attorney Samuel L. Neai, Jr. Mayor ,2002 H:\LEG-DIR\john\RESOLUTI~IPB010.RES AGENDA MEMORANDUM March 26, 2002 SUBJECT: Corpus Christi International Airport Terminal Reconstruction AGENDA ITEM: A. Resolution authorizing the City Manager or designee to accept Amendment No. 02 for the Federal Aviation Administration Multi-Year Grant Number 3-48-0051-28-00 in the amount of$115,658. B. Ordinance appropriating $115,658 from Federal Aviation Administration Grant No. 3-48-0051-28-00 in the No. 3020 Airport Capital Improvement Fund; and declaring an emergency. ISSUES: The Federal Aviation Administration (FAA) issued a multi-year (FY2000, 2001, 2002) grant offer to the City on Tuesday, May 30, 2000 for entitlement funding, as authorized by Title 49 United States Code, under the Airport Improvement Program to fund the terminal reconstruction program. This Amendment increases the Grant amount from $6,333,818 to $6,449,476. This FAA Grant Amendment must be accepted within 30 days or the offer is no longer valid. The specific project included in the multi-year grant offer and special conditions thereto follow: Terminal: Due to the cost and extended period of the terminal program, FAA's grant offer for entitlement funds was authorized to be spent on planning, design, and reconstruction activities of the Terminal Building. RECOMMENDATION: Approval of the Resolution and Ordinance as presented. Dave Hamrick, Director of Aviation ADDITIONAL SUPPORT MATERIAl, Exhibit A. Background Information Exhibit B. Prior Council Actions BACKGROUND INFORMATION I BACKGROUND: With the FY2000 authorization of the four-year Airport Improvement Program (AIP) spending bill, the Federal Aviation Administration: (FAA) proceeded with offering Grant funding to airports. The Aviation Department had previously requested a multi- year AIP Grant to assist with the funding for the new Terminal Building (FY00-2002). As the AIP bill was authorized until 2003, the FAA amended the grant to the appropriated level. The FAA offered the Multi-year AIP Grant on Tuesday, May 30, 2000. The City accepted the Federal funding. The grant is an integral part of the Council approved financial plan. A General Airport Revenue Bond sale (GARB) backed by Passenger Facility Charge (PFC) revenues for eligible, and airport generated revenues for the ineligible, constitute the funding source for this project. On December 6, 2000, the FAA offered Amendment No. 01 to increase the amount from $3,215,524 to $6,333,818. By Resolution #024299 on December 15, 2000 Council accepted the Amendment. ADDITIONAL FUNDING INFORMATION: The Multi-year Grant Agreement, accepted on June 13, 2000, by City Resolution No. 024059, is hereby amended by this Amendment No. 02 and increases the amount set on Page 2 of the Grant Agreement from $6,333,818.00 to $6,449,476.00. Congress appropriated AlP Funding for FY 2001 and FY 2002 authorizing our expenditures. The House of Representatives has passed the FY 2001 AlP appropriations bill with the fully authorized grant funding of $3.2 billion. The FAA amends CCIA's Multi-year AIP Grant as each year's AIP Entitlement monies are appropriated. PRIOR COUNCIL/ADMINISTRATIVE ACTIONS: Council has taken numerous actions associated with this project. The more significant are attached. See Exhibit B. FUTURE COUNCIL ACTIONS: 1. Resolution to accept grant amendm, ents for future appropriations. BOARD COMMITTEE REVIEW: The Airport Board was individually notified of this Grant offer; however, due to the necessity of accepting the Grant offer within 30 days, scheduling did not permit a formal Board vote. EXHIBIT A [ Pag~ 1 of 1 10. 11. 12. PRIOR COUNCIL ACTIONS July 17. 1990 - Resolution accepting the FAA grant number 3-48-0051-25-98 for Terminal Building Improvements, Access Control Security System Replacement, and Commercial Apron Rehabilitation. ~ - Resolution approving the financial feasibility plan to fund the five-year capital improvement program for CCIA including the terminal reconstruction program. (Res. 023426) March 30. 1999 - Approval of recommended Terminal Reconstruction and Landside Development concept at CCIA. (M99-089) ~ - Motion to authorize City Manager to execute a contract for architectural/engineering services with M. Arthur Gensler Jr. and Associates in the amount of $2,225,000 for the CCIA Terminal Building. (M99-105) ~ - Motion to authorize City Manager to execute Amendment No. 4 to the program management services contract with DMJM Aviation (formerly Day & Zimmermann) in the amount of $1,158,288.50 for the CCIA Terminal Building and associated CIP projects. (M99-106) July 20. 1999 - Adoption of FY99-00 Capital Budget and 2000-2004 CIP Guide which included Airport Project No. 1, Terminal Building Reconstruction. ~ - Approval of the Terminal Design Concept as presented by the Gensler Team. ~ - Motion to authorize City Manager to execute Amendment No. 1 to the architectural/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc. in the amount of $72,095 related to the airport automated access control system (AACS) and closed-circuit television (CCTV) system for the Terminal Reconstruction project. (M2000-027) F~J~E~3~2~Z0~ - Motion to authorize City Manager to execute a construction contract in the amount of $1,575,000 with B. E. Beecroft Company, Inc. for temporary facilities for the Terminal Reconstruction Program. (M2000~66) May 23. 2000 - Motio12n to authorize City Manager to execute Amendment No. 2 to the architectural/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc. in the amount of $180,700 related to the Terminal Apron Construction, Terminal Reconstruction, and Lift Station Relocation projects. (M2000-153) ~ - Resolution to accept Multi-Year Grant Agreement (R024059). Resolution to accept Grant Amendment No. 1 (R024299). F:\USERS\PROJECTS~Agenda Memos\City Council\6-13-O0-AIP28-terminal-resolufion~AIP28exb.doc Page 1 of 1 RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT AMENDMENT NUMBER 02 FOR THE FEDERAL AVIATION ADMINISTRATION MULTI-YEAR GRANT NUMBER 3-48-0051-28-00 IN THE AMOUNT OF $115,658. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1: The City Manager or designee is authorized to accept Amendment No. 02 in the amount of $115,658 for Federal Aviation Administration multi-year Grant Number 3~48- 0051-28-00. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Samuel L. Neal, Jr. Mayor, City of Corpus Christi Legal Form Approved on fJr)o~'t O, / ,2002; JAMES R. BRAY, JR., CITY ATTORNEY ~. 1~. Burke,Jr: f (.,A4sistant City Attorney H:\LEG-DIR\john\RESOLUTI\JPB009,RES wpd ORDINANCE APPROPRIATING $115,658 FROM FEDERAL AVIATION ADMINISTRATION GRANT NO. 3-48-0051-28-00 AMENDMENT NO. 2 IN THE NO. 3020 AIRPORT CAPITAL IMPROVEMENT FUND FOR THE TERMINAL RECONSTRUCTION PROGRAM; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $115,658 is appropriated from Federal Aviation Administration Grant No. 3-48-0051-28-00 Amendment No. 2 in the No. 3020 Airport Capital Improvement Fund to fund the terminal reconstruction program. 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 role 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 ,2002. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor LEGAL FORM APPROVED JAMES R. BRAY, JR. CITY ATTORNEY .,2O02; By: Lisa Aguilar Assistant City Attomey US Department of Transportation Federal Aviation Administration Southwest Region Arkansas, Louisiana, New Mexico, Oklahoma, Texas Fort Worth, Texas 76193-0000 HAR 0 8 ~01~ The Honorable Loyd Neal Mayor of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469-9277 Dear Mayor Neal: Enclosed are Lhe original and one copy of Amendment No. 02 for Project No.3-48-0051-28-00, Modify Terminal Building at Corpus Christi International Airport, Corpus Christi, Texas. Please accept by resolution of the governing body of the city and return the original to this office on or before April 15, 2002. The copy is for your files. If you have any questions about the applicability of this amendment, please contact Mr. Marcelino Sanchez at (817) 222-5652. Sincerely, Mike Nicely Manager, Texas Airport Development Office Enclosure (2) cc (w/o enclosure): Mr. Dave Hamrick, Airport Director Corpus Christi International Airport Corpus Christi, Texas 78406 HAR 0 8 ~ US Department of Transportation Federal Aviation Administration Southwest Region Fort Worth, TX 76193-0600 Page 1 of 2 Pages Contract No. DOT FA 00 SW-8206 Corpus Christi International Airport AMENDMENT NO. 02 TO GRANT AGREEMENT FOR PROJECT NO. 3-48-0051-28-00 WHEREAS, the Federal Aviation Administration (hereinafter referred to as the "FAA") has determined it to be in the interest of the United States that the Grant Agreement between the FAA, acting for and on behalf of the United States, and the City of Corpus Christi, Texas, (hereinafter referred to as the "Sponsor"), accepted by said Sponsor on June 14, 2000 be amended as hereinafter provided. NOW THEREFORE, WITNESSETH: That in consideration of the benefits to accrue to the parties hereto, the FAA on behalf of the United States, on the one part, and the Sponsor, on the other part, do hereby mutually agree as follows: The Multi-Year Grant Agreement, accepted on June 14, 2000, is hereby amended by this Amendement No. 02 and increases the amount set on Page 2 of the Grant Agreement from $6,333,818.00 to $6,449,476.00. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to said Grant Agreement to be duly executed as of the day of ,20 FAA Form 5100-38 (I0-89) ASW Form 5100-38 (10-97) UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION · Nicely, Managler Texas Airports Development Office Page 2 of 2 Pages Project No. 3-48-0051-28-00 Corpus Christi International Airport (SEAL) By: (Sponsor's Designated Official Representative) Title: Attest: Title: CERTIFICATE OF SPONSOR'S ATTORNEY , acting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of . Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor relating thereto, and find that the acceptance thereof by said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in ail respects due and proper and in accordance with the laws of the said State and the Act. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at this day of ,20 (Signature of Sponsor's Attorney) FAA Form 5100-38 (10-89) ASW Form 5100-38 (10-97) CITY COUNCIL AGENDA MEMORANDUM SUBJECT: One-Way School Zone Traffic Pattern at Kostoryz Elementary School DATE: March 15, 2002 AGENDA ITEM: Ordinance amending the Code of Ordinances Chapter 53 - Traffic, Section 53-250 - Schedule I, One-way Streets and Alleys, Section (a-l) School Areas, by establishing a time-restricted one-way traffic pattern Panama Drive in the westbound direction from Kingston Drive to Carroll Lane during the school hours of Kostoryz Elementary School. ISSUE: The administration of Kostoryz Elementary School has requested the City to implement a one-way traffic pattern on Panama Drive abutting the school (Exhibit 1) during morning and afternoon school hours to improve school zone traffic circulation and student pedestrian safety. REQUIRED COUNCIL ACTION: One-way traffic patterns on any public street or alley must be approved by the City Council. RECOMMENDATION: Approval of the proposed ordinance as presented. ADDITIONAL SUPPORT MATERIAL: 1. Background Information 2. Exhibit I - Site Map AgMemKostoryzEleml-Wy.202 'Angel R. Escobar, P.E. Director of Engineering Services One-Way School Zone Traffic Pattern at Elementary School) Page 1 of 3) AGENDA MEMORANDUM Additional Background Information BACKGROUND: The administration of Kostoryz Elementary School requested the City to study the feasibility of converting Panama Drive to one-way traffic pattern along a one block section of this street during morning and afternoon school hours. Excessive congestion, conflicts with two-way traffic movements, and increasing hazards to students having to cross these streets are the school's reasons for requesting the one-way traffic patterns. The Panama / Carroll Lane intersection has, particularly, been a source of complaints by parents and school administrators as a safety hazard to school pedestrians. Staffs analysis of the traffic conditions at this school has included discussion with school officials and parents of students, detailed traffic counts, examination of related traffic accident experience and discussions with abutting residents. Finally, a neighborhood meeting was arranged by the school's administrators to discuss the proposal with interested residents and concluded with a general agreement on the one- way proposal as presented. One-Way Street Criteria. Traffic Engineering has three objectives for implementation of one-way school zone traffic patterns: (i) improved student pedestrian safety, (ii) reduction of school-related traffic congestion, and (iii) little or no impact of redirected traffic on abutting neighborhood streets. Based on the observed traffic conditions and ordinary occurrence of these conditions throughout the school year, Staff is confident that the proposed one-way traffic pattern on Panama Drive will satisfy these requisite conditions. Traffic Demand. Panama Drive is residential collector-width (36-ft) street which has a average two-way traffic demand of approximately 1,500 vehicles per day. Traffic volume on Alameda averages 900 vehicles per day. The heaviest direction of travel demand (920 vehicles per day westbound on Panama, 62% ) occurs in the direction of the one-way proposal. Impact on Neighborhood Streets. The probable traffic impact of the proposed one- way traffic pattern on neighboring streets considers the volume of traffic presently traveling in the opposing direction of the proposed one-way pattern. The directional traffic demand on Panama is evenly split throughout the day. Therefore, the proposed one way pattern is neither advantageous or disadvantageous to either direction of travel from the standpoint of preferred direction of travel. However, one significant factor favoring the proposed one-way direction is that residents on Panama between Kingston and Carroll Lane will have easier access from their street onto Carroll Lane than onto Weber Road if the one-way pattern was directed in the opposite (eastbound) direction toward Weber Road. (One-Way School Zone Traffic Pattern at Georqe Evans Elementary School) Page 2 of 3) The volume total of detoured traffic during the two (morning and afternoon) one-hour periods of the one-way pattern would be 88 vehicles in the morning and 245 vehicles in the afternoon; vehicles in the afternoon. Prior Council Action: Since 1966, prior City Councils have approved one-way school zone traffic patterns on 43 street sections at 35 elementary and middle school zones in Corpus Christi. Review by Transportation Advisory Committee. The Transportation Advisory Committee has reviewed the Staff recommendation and unanimously voted to recommend approval to the City Council. ('One-Way School Zone Traffic Pattern at Georqe Evans Elementary School) Page 3 of 3) AN ORDINANCE AMENDING THE CODE OF ORDINANCES CHAPTER 53- TRAFFIC, SECTION 53-250, SCHEDULE I, ONE WAY STREETS AND ALLEYS, SECTION (A-l) SCHOOL AREAS, BY ESTABLISHING A TIME RESTRICTED ONE-WAY TRAFFIC PATTERN ON PANAMA DRIVE IN THE WESTBOUND DIRECTION FROM KINGSTON DRIVE TO CARROLL LANE DURING THE SCHOOL HOURS OF KOSTORYZ ELEMENTARY SCHOOL; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That the Code of Ordinances, City of Corpus Christi is amended by amending Chapter 53- Traffic, Section 53-250, Schedule I, One way streets and alleys, Section (a-l) School Areas, by establishing a time restricted one way traffic pattern on Panama Drive in the westbound direction from Kingston Drive to Carroll Lane during the school hours of Kostoryz Elementary School. CHAPTER 53 TRAFFIC ARTICLE VIII. SCHEDULES Sec. 53-250. Schedule I - One-way streets and alleys. (a-l) School areas. Street or Direction Portion of Street of Traffic Panama Drive, from the westmost leg of Kingston Drive to Carroll Lane ............................................ West SECTION 2. 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 ORD-Trf-KostzEl.doc 2 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 3. 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 4. Penalties are as provided in Sec. 53-55 Code of Ordinances. SECTION 5. That upon written request of the Mayor or five council members, copy attached, to find and declare an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the 26th day of March, 2002. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor Approved as to legal form this the 'Z-a day of James R. Bray, Jr., City Attorney / By: ~ A~-'""~Citys'sista0t Joseph I~ey, Attorney ,2002; ORD-Trf-KostzEl.doc Corpus Christi, Texas day of ,2002 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 Charier 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. Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott ORD-Trf-KostzEl.doc CITY COUNCIL AGENDA MEMORANDUM SUBJECT: One-Way Traffic Pattern on Riverwood Drive DATE: March 15, 2002 AGENDA ITEM: Ordinance amending Ordinance amending the Code of Ordinances Chapter 53 - Traffic, Article VIII Schedules, Section 53-250 - Schedule I, One-way Streets and Alleys, Section (a), by establishing a one-way traffic pattern on Riverwood Drive in the northbound direction of travel from F.M. Highway 624 (Northwest Boulevard) to River Hill Drive, at all times. ISSUE: An increasing number of traffic accidents are occurring at the F.M. 624 (Northwest Boulevard) intersection with Riverwood Drive. Errant traffic movements by motorists turning from Riverwood Drive onto F.M. 624 is the overwhelming type of re- curing collision. A solution to this type accident is converting Riverwood Drive to a on- way traffic pattern in the northbound direction from F.M. 624 to River Hill Drive. REQUIRED COUNCIL ACTION: One-way traffic patterns on any public street or alley must be approved by the City Council. RECOMMENDATION: Approval of the proposed ordinance as presented. ADDITIONAL SUPPORT MATERIAL: 1. Background Information 2. Exhibit I - Site Map AgMemRivenNood 1-Wy.302 'Angel R. Escobar, P.E. Director of Engineering Services One-Way Traffic Pattern on Riverwood Drive Page 1 of 3) AGENDA MEMORANDUM Additional Background Information BACKGROUND: Beginning in 1999, the intersection of Riverwood Drive @ F.M. 624 began to experience an increasing number of 'right-angle' collision accidents. Virtually all of the accident experience has been caused by motorists making left turns from Riverwood Drive eastbound onto F.M 624. Most of the motorists charged with the accident were caused by the motorists either blatantly running the STOP sign on Riverwood or misjudging the speed of approaching traffic on F.M. 624. The speed limit on F.M. 624 is 50 MPH at this location. The accident experience at this intersection is uniquely high compared to other intersections on F.M. 624. Staff's analysis of the traffic conditions has included site inspection, discussion with the Texas Department of Transportation, and consultation with the City's Police Department. The consensus is that the traffic accident experience at the Riverwood/F.M. 624 intersection can be substantially reduced by making Riverwood a one-way street to accommodate only motorists turning onto Riverwood from F.M. 624. Remedy of the traffic accident experience by installation of traffic signal control is not considered a cost-effective solution: The exiting traffic volume on Riverwood Drive is only 900 vehicles per day, a volume that is comparable to that existing on many residential streets. The same type of collision would potentially still occur with Riverwood Drive remaining two-way, with signal control. Alternatively, the City's Master Plan for Traffic Signal Improvements provides for signal control at the nearby River Hill Drive intersection at F.M. 624, which is a higher capacity and higher functional street compared to Riverwood Drive. Impact on Abuttin.q Development. sparse: r~ Developed property abutting Riverwood Drive is The property along the full east side of Riverwood is completely undeveloped One (1) residential property and one (1) and driveway access to the New Life Baptist Church are the only developed properties on the west side of Riverwood. A survey of abutting properties has not revealed any opposition to the proposed one- way pattern on Riverwood. Impact on Nei.qhborhood Streets. The probable traffic impact of the proposed one- way traffic pattern on neighboring streets considers the volume of traffic presently traveling in the opposing direction of the proposed one-way pattern. The directional traffic demand on Riverwood Drive is 1,400 vehicles in the direction of the proposed one-way and 900 vehicles per day in the direction opposing the proposed one-way. One-Way Traffic Pattern on Riverwood Drive Page 2 of 3) The 900 vehicles per day that would be re-directed orginates from River Hill Drive onto Riverwood Drive. Riverwood Drive provides a convenient short-cut from River Hill Drive to F.M. 624 and is not an essential route. Subsequently, the 900 vehicles per day that would continue to use River Hill Drive to F.M. 624 would very easily be accommodated by the traffic capacity of River Hill Drive (which presently has a demdnd of 700 vehicles per day at F.M. 624). River Hill Drive is a fully-improved residential collector roadway which has an exiting traffic volume capacity of 3,000 vehicles per day. One possible, but unlikely, problem with implementation of the one-way proposal on Riverwood Drive is the possibility of stacking traffic on the River Hill Drive exit to F.M 624. This could result in some circuitous redirection of traffic onto Reagan Drive, Powell Drive and Pinnacle Drive. This would have to be monitored but could be eliminated by an 'access restriction' to Reagan Drive effected through the City's Residential Traffic Management Program. Review by Transportation Advisory Committee. The Transportation Advisory Committee has reviewed the Staff recommendation and unanimously voted to recommend approval to the City Council. Review by Texas Department of Transportation. The Director of Transportation Operations with the Texas Department of Transportation concurs with the Staffs recommendation. Review by Neighborhood Association. The Wood River Home Owners Association has endorsed the proposed one-way proposal. One-Way Traffic Pattern on Riverwood Drive Page 3 of 3) EXHIBIT 11111SITE MAP SUBJECT. PROPOSED ONE-WAY TRAFFIC PATTERN Traffic Engineering Div. w� ON RIVERWOOD DRIVE Engineering Services Dept. AN ORDINANCE AMENDING THE CODE OF ORDINANCES CHAPTER 53- TRAFFIC, SECTION 53-250, SCHEDULE I, ONE WAY STREETS AND ALLEYS, SECTION (A), BY ESTABLISHING A ONE-WAY TRAFFIC PATTERN ON RIVERWOOD DRIVE 1N THE NORTHBOUND DIRECTION OF TRAVEL FROM F.M. HIGHWAY 624 (NORTHWEST BOULEVARD) TO RIVER HILL DRIVE, AT ALL TIMES; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That the Code of Ordinances, City of Corpus Christi is amended by amending Chapter 53- Traffic, Section 53-250, Schedule I, One way streets and alleys, Section (a), by establishing a one way traffic pattern on Riverwood Drive in the northbound direction of travel from F.M. 624 (Northwest Boulevard) to River Hill Drive, at all times. CHAPTER 53 TRAFFIC ARTICLE VIII. SCHEDULES Sec. 53-250. Schedule I - One-way streets and alleys. Street or Direction Portion of Street of Traffic Riverwood Drive, F.M. 624 (Northwest Boulevard) to River Hill Drive ........................................... North SECTION 2. 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 intern of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. ORD-Trf-RvrwdDr.doc 2 SECTION 3. 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 4. Penalties are as provided in Sec. 53-55 Code of Ordinances. ORD-Tr f-RvrwdDr.doc 14 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: March 26, 2002) Case No. 0202-05, Ata O. Azali and Taybeh Mostagahsi: A change of zoning from an "F-R" Farm-Rural District to an "R-lB" One-family Dwelling District on Flour Bluff and Encinal Farm and Garden Tracts, Section 19, being 7.5 acres out of Lots 11 and 12, located on the north side of Wooldridge Road, approximately 150 feet west of Windsong Drive. Planning Commission and Staff's Recommendation (02/27/02): Approval. Requested Council Action: Approval of the "R-lB" One-family Dwelling District and adoption of the attached ordinance. Purpose of Request: To develop a 54-hit single-family subdivision. Summary: The applicants have requested a change of zoning on the 7.5 acre land area from "F-R" Farm Rural District to "R-lB" One-family Dwelling District, in order to develop a single-family residential subdivision with direct access to an arterial, Wooldridge Road. Proposed development plans include combining the subject property with the remaining portion of Lot 12 zoned an "R-lB" District, containing 4.77 acres, located between Tracts 1 and 2. The subject property and the adjoining tract, totaling 12.27 acres, will be developed with 89 lots. The proposed subdivision, known as Windsong Unit 5 would be an expansion of the abutting "R-lB" District to the north. Applicant's Position: The applicant concurs with Planning ConmUssion and StaWs recommendation. Notification: Prior to the date of this memorandum, fifty-seven (57) notices were mailed to the property owners within a 200-foot radius, of which none were returned in favor and one (i) was returned in opposition. The 20% rule is not in effect. Michael N. Gunning, AICP Director of Planning MGFMS/er Attachments: 1) Zoning Report 2) Comments Received 3) Planning Commission Minutes 4) Ordinance H:\PLN-DIR\ERMA\WORD\AGENDMEM\0202-05AGENDAMEMODOC Pages Page Page Pages 2-11 12 13 14-16 PLANNING COMMISSION ZONING REPORT Case No.: Planning Commission Hearing Date: Map No.: Applicant: Legal Description/Location: 0202-05 Febmary27,2002 G16B Ata O. Azaliand TaybehMostagahsi Being a 7.5 acre tract of land out of Lot 11 and 12, section 19, Flour Bluff and Encinal Farm and Garden Tracts, located on the north side of Wooldridge Road, approximately 150 feet west of Windsong Drive. Area of Request: Lot(s) Area: Current Zoning: Request: Current Use of Property: Purpose of Request: Zoning Change Requested Due to Notice of Violation: Tract 1 - 5 acres Tract 2 - 2.5 acres Same as above. "F-R" Farm-Rural District "R-1B" One-family Dwelling District Farmland. To develop a 54 -lot single-family subdivision. (concept plan -ultimate build out- 89 lots) Not applicable. Adiacent Zoning: North - "R- 1B" One-Family Dwelling District South- "F-R" Farm Rural District East - "R-IB" One-Family Dwelling District West - "F-R" Farm Rural District adjacent to (Tract -1) and "R-lB" One-Family Dwelling District adjacent to (Tract 2) Zoning Report Case No. 0202-05 (Ata O. Azali and Taybeh Mostagahsi) Page 2 Adjacent Land Use: North - Single-family residences. South - (across Wooldridge Road) Undeveloped land. East, West - Farmland. Number of Residential Units Allowed: "F-R"- 1 unit (1 unit per 5 acres) "R-IB" - 54 units (7.26 dwelling units per acre) (concept plan build out -89 units) Estimated Traffic Generation: Single-family residential (detached) - 10 average weekday vehicle trip ends per dwelling unit x 54 dwelling units = 540 average weekday vehicle trip ends. (concept plan build out -89 units = 890awvt) Adjacent Streets/Classification: a) Wooldridge Road - arterial Right-of-Way Design Current: a) 60-foot right-of-way with a 20-foot wide rural paved section. Planned: a) 80-foot right-of-way with a 62-foot back-to-back paved section. February 2001 Traffic Count {24-hour~ weekday~ non-directional): a) None available. Zonint~ I:Iistorv of Property: There has been no rezoning activity within the past five (5) years. Recent Surrounding Zoning Cases: In September 2000, 4.773 acres of Lot 12 located between Tracts 1 and 2 of the subject property was granted a change of zoning from a "F-R" Farm-Rural District to a "R-lB" One-Family Dwelling District for the purpose of a 2 l-lot single-family subdivision. Zoning Report Case No. 0202-05 (Ata O. Azali and Taybeh Mostagahsi) Page 3 Zoning Inventory: The subject property is a portion of a 141.77-acre tract of land that is predominantly used as farmland. There are 20 acres used as medical offices and another 20 acres used for a church. Abutting the subject properly on the north, there are 114.12 acres of land zoned an "R- 1B" District that are developed with single-family residences. Planning Staff Analysis: General Characteristics and Background: The applicants have requested a change of zoning on the 7.5 acre land area from "F-R" Farm Rural District to "R-lB" One-family Dwelling District, in order to develop a single-family residential subdivision with direct access to an arterial, Wooldridge Road. Proposed development plans include combining the subject property with the remaining portion of Lot 12 zoned an "R-lB" District, containing 4.77 acres, located between Tracts 1 and 2. The subject property and the adjoining tract, totaling 12.27 acres, will be developed With 89 lots. The proposed subdivision, known as Windsong Unit 5 would be an expansion of the abutting "R-lB" District to the north. Conformity to the Comprehensive Plan and Land Use Compatibility: Overall, the Comprehensive Plan Elements can be supportive of the requested "R-lB" District. The Southsidc Area Development Plan's adopted future land use map recommends the area to develop with low-density residential uses. As requested, the "R-lB" District is consistent with thc Plan's recommended land use. Potential Housing Density: An "F-R" District permits a density of one dwelling unit for each five (5) acres or one unit on the subject property provided it contains five (5) acres. The "R-lB" District permits a density of 7.26 dwelling units per acre or 54 units on the subject property or 89 units on the entire development plan area. The proposed 54 or 89-1ot subdivision is within the density limit of the "R-lB" District. Height/Bulk/Setbacks/Etc.: The are no setback requirements or building height limitations in the "F-R" District. The "R-lB" District requires a front yard setback of 25 feet with a side and rear yard setback of five (5) feet each. Buildings in the "R-lB" District are limited to a height of 35 feet not to exceed three (3) stories. Sip_~nage: The "F-R" District does not permit any signs unless to advertise products grown on the property. Signs in the "R-lB" District are limited to one wall sign not to exceed one square foot. Zoning Report Case No. 0202-05 (Ata O. Azali and Taybeh Mostagahsi) Page 4 Traffic: The proposed 54 or 89-1ot residential subdivision is estimated to generate approximately 540 or 890 daily vehicle trip ends. This traffic will access directly to an arterial, Wooldridge Road. The amount of traffic generated from the proposed subdivision will not adversely impact the adjacent residential area. Parking/Screening: Residential development is required to provide 1.5 off-street parking spaces for each one bedroom dwelling unit or two (2) off-street parking spaces for each dwelling unit containing two (2) bedrooms or more. Compliance with the off-street parking regulations will be required during the permitting phase. A standard screening fence is not required for residential development. Costs to City: Development of the infrastructure within the proposed subdivision will be at the developer's expense. However, the improvement of Wooldridge Road to its ultimate pavement width may require City participation. Platting: The subject property is a portion of a lot and will require platting before a building permit can be issued. A residential subdivision has been submitted to the Staff. Pros: (Ideas in support of the request.) a) The requested "R-lB" District is consistent with the Southside Area Development Plan's adopted future land use map. b) The requested "R-lB" District is an expansion of the adjacent "R-lB" District to the north. Cons: (Ideas in support of maintaining the current zoning.) a) None. Staff Recommendation: Approval. Attachments: Conceptual Layout - Windsong Unit 5 Zoning and Ownership Map Ownership List H APLN-DIR\ERMA\WORDkZONRPTS\0202-05CCREPORT.doc PRELIMINARY SKETCH PROPOSED WINDSONG UNIT S CORPUS CHRISTI, NUECES CO., TX n F-R FLOUR BLUFF & ENCINAL FARM & GARDEN TRACT B-I F-R TRACT 1 F-R/SP F-R FLOUR BLUFF & ENCINAL 2 & GARDEN TRACT A-I Feb 12. 2002- AMF CASE Z0202-05 Subject property 0~ners within 200 feet listed on attached ownership list '7 OWNERSHIP LIST CASE NO. 0202-05 Applicant: Ata O Azali and Taybeh Mostagahsi 3546 Picadilly Lane 78414 1 Z0202-05 049700010010 PADRE BEHAVIORAL HEALTH SYSTEM INC 6229 WOOLRIDGE CORPUS CHRISTI TX 78414 BAY VIEW PSYCHIATRIC HOSPITAL TRACT LT 1 BLK 1 2 Z0202-05 247600190110 AZALI ATA O 3546 PICADILLY LANE CORPUS CHRISTI TX 78414 FLOUR BLUFF & ENC FRM GDN TRACT S5 ACS OUT OF LT 12 SEC 19 3 Z0202-05 247600190120 GLASS W F & B H CASEY 5010 OAKMONT CORPUS CHRISTI TX 78413 FLOUR BLUFF & ENC FRM GDN TRACT W5 ACS OUT OF LT 12 SEC 19 4 Z0202-05 247600190130 ROGERS GRAFORD JR 529 SHERIDAN CORPUS CHRISTI TX 78412 FLOUR BLUFF & ENC FRM GDN TRACT 29.05 ACS OUT OF LTS 13 & 14 SEC 19 5 Z0202-05 247600190210 B & EC PARTNERSHIP LTD 433 PASADENA CORPUS CHRISTI TX 78411 FLOUR BLUFF & ENC FRM GDN TRACT 19.167 ACS OUT OF LT 21 SEC 19 6 Z0202-05 247600190220 B & EC PARTNRSHI? LTD 433 PASADENA CORPUS CHRISTI TX 78411 FLOUR BLUFF & ENC FRM GDN TRACT 17.994 ACS OUT OF LT 22 SEC 19 7 Z0202-05 960400090020 LATTER DAY SAINTS CHURCH 6630 WOOLDRIDGE ROAD CORPUS CHRISTI, TEXAS 78414 WHISPERING CREEK LT 2 BK 9 8 Z0202-05 976200010010 CORTINAS LIONEL F ET UX MICHAELYN 2442 WINDSONG DRIVE CORPUS CHRISTI TX 78414 WlNDSONG UNIT gl LT 1 BK I 9 Z0202-05 976200010020 HARRISON ROBERT E 2438 WINDSONG DR CORPUS CHRISTI TX 78414 WlNDSONG LrNIT gl LT 2 BK 1 10 Z0202-05 976200010030 SPEINGNER LEWIS MARTELL ET UX 2434 WINDSONG DR CORPUS CHRISTI TX 78414 WINDSONG UNIT gl LT 3 BK 1 11 Z0202-05 976200010040 PATRICK DAVID L ET IIX AUR 2430 WINDSONG CORPUS CHRISTI TX 78414 WINDSONG UNIT gl LT 4 BK 1 12 Z0202-05 976200010050 GRIMA CARMEL ET ~ JOSE GRIMA 2426 WrNDSONG DR CORPUS CHRISTI TX 78414 WINDSONG UNIT gl LT 5 BK 1 13 Z0202-05 976200010060 KEITH JON M ET UX 2422 WINDSONG DR CORPUS CHRISTI TX 78418 W1NDSONG UNIT gl LT 6 BK I 14 Z0202-05 976200010070 STUART GALE S 2418 W1NDSONG CORPUS CHRISTI TX 78414 WINDSONG UNIT #1 LT 7 BK I 15 Z0202-05 976200010080 TEDESCO ANTHONY GRAY AND JENNIFER M TEDESCO 2414 WINDSONG DRIVE CORPUS CHRISTI TX 78414 WINDSONG UNIT #1 LT 8 BK 1 16 Z0202-05 976200010090 GUTIERREZ DAVID CARLOS AN ALMA JEAN GUTIERREZ WFE 2410 W1NDSONG DRIVE CORPUS CHRISTI TX 78414 WINDSONG UNIT gl LT 9 BK 1 17 Z0202-05 976200010100 DEAR DEAN PAUL 9060 FM 78, APT. 714 CONVERSE, TX 78109-1207 WINDSONG UNIT gl LT 10 BK I 18 Z0202-05 976200020010 SEESE WILLIAM B ET UX 2441 WINDSONG DR CORPUS CItRISTI TX 78414 WlNDSONG UNIT gl LT 1 BK2 Ownership List Case No. 0202-05 (Ara O. Azali & Tahbeh Mostaghasi) Page 2 19 Z0202-05 976200020020 THAU WILLIAM ALBERT III 2437 WINDSONG DR CORPUS CHRISTI TX 78414 WINDSONG UNIT gl LT 2 BK 2 20 Z0202-05 976200020030 BLEACHER CHRISTOPHER C ET LILLIAN M 2433 W1NDSONG DR CORPUS CHRISTI TX 78414 WINDSONG UNIT gl LT 3 BK 2 21 Z0202-05 976200020040 DALTON BARRY L ET UX 2429 WINDSONG CORPUS CHRISTI TX 78414 WINDSONG UNIT gl LT 4 BK 2 22 Z0202-05 976200020050 COPELAND WAKKEN ET UX PAT 2425 WINDSONG DRIVE CORPUS CHRISTI TX 78414 W1NDSONG UNIT gl LT 5 BK 2 23 Z0202-05 976200020060 REAVES DERRICK EARL ET UX DENISE D REAVES 2421 WINDSONG DRIVE CORPUS CHRISTI TX 78414 WINDSONG UNIT gl LT 6 BK 2 24 Z0202-05 976200020070 MC QUEEN SCOTT NORMAN & MARY CHRISTiNE MABRY 2417 WINDSONG DR CORPUS CI-IRISTI TX 78414 WINDSONG UNIT gl LT 7 BK 2 25 Z0202-05 976200020080 SANCHEZ JOSE LUCAS ET UX 2413 WINDSONG DR CORPUS CHRISTI TX 78414 WINDSONG UNIT gl LT 8 BK 2 26 Z0202-05 976200020090 STAP, RS KENNETH JOSEPH 2409 WINDSONG CORPUS CHRISTI TX 78414 WINDSONG UNIT gl LT 9 BK 2 27 Z0202-05 976200020100 COLEMAN EARL J JR ET UX 2405 WINDSONG CORPUS CHRISTI TX 78414 WINDSONG UNIT gl LT I0 BK 2 28 Z0202-05 976200020110 LEAL RICARDO & SARA M KEINA 6917 ROSELAND CORPUS CHRISTI TX 78414 WINDSONG UNIT gl LT 11 BK 2 29 Z0202-05 976200020120 CROSBY LINDA K 6913 ROSELAND DR CORPUS CHRISTI TX 78414 WINDSONG UNIT #1 LT 12 BK 2 30 Z0202-05 976200020130 CUNNING~ PHILLIP D JR & BAMBI ANN OLDS 6909 ROSELAND DR CORPUS CHRISTI TX 78414 WINDSONG UNIT #1 LT 13 BK2 31 Z0202-05 976200020140 MORENO PATRICIO ET UX LEONITA MORENO 6905 ROSELAND DRIVE CORPUS CHRISTI TX 78414 W1NDSONG UNIT gl LT 14 BK 2 32 Z0202-05 976200020150 MUNGIA ROBERT JR ET UX CYNTHIA ~GIA 6901 ROSELAND CORPUS CHRISTI TX 78414 WINDSONG UNIT gl LT 15 BK 2 33 Z0202-05 976200020160 RODRIGUEZ, ROBERTO M ET U DORA 6833 ROSELAND CORPUS CHRISTI TX 78414 WINDSONG UNIT gl LT 16 BK 2 34 Z0202-05 976200020170 GUIDRY DARLENE A 6829 ROSELAND DRIVE CORPUS CHRISTI TX 78414 WINDSONG UNIT gl LT 17 BK 2 35 Z0202-05 976200020180 SAMPANA ERNESTO M ET UX 6825 ROSELAND CORPUS CHRISTI TX 78414 WINDSONG UNIT gl LT 18 BK 2 36 Z0202-05 976200020190 CAHILL KAREN E 6821 ROSELAND DR CORPUS CHRISTI TX 78414 WINDSONG UNIT gl LT 19 BK 2 37 Z0202-05 976200020200 MORENO ANDREW D ET UX 6817 ROSELAND CORPUS CHRISTI TX 78414 WINDSONG UNIT gl LT 20 BK 2 38 Z0202-05 976200020210 WIGGINS DARLA JO 6813 ROSELAND DR CORPUS CHRISTI TX 78414 WINDSONG UNIT gl LT 21 BK 2 39 Z0202-05 976200020220 KOTS STEVEN DUAN ET UX 6809 ROSELAND DR CORPUS CHRISTI TX 78414 WINDSONG UNIT gl LT 22 BK 2 q Ownership List Case No. 0202-05 (Ata O. Azali & Tahbeh Mostaghasi) Page 3 40 Z0202-05 976200020230 GOBAR ROBERT JOHN ETUX ELSA G GOBAR 6805 ROSELAND DRIVE CORPUS CHRISTI TX 78414 WINDSONG UNIT #1 LT 23 BK 2 41 Z0202-05 976200020240 BRYANT PAUL FREDERICK AND KAY E BRYANT WFE 6801 ROSELAND DRIVE CORPUS CHRISTI TX 78414 W1NDSONG UNIT #1 LT 24 BK 2 42 Z0202-05 976200020250 SMYRAK MICHAEL A ET UX FR 2325 ROSELAND DR CORPUS CHRISTI TX 78414 WINDSONG UNIT gl LT 25 BK 2 43 Z0202~05 976200020260 HARPER A M JR ET UX PATSY 2321 ROSELAND CORPUS CHRISTI TX 78414 WINDSONG UNIT gl LT 26 BK 2 44 Z0202-05 976200020270 STELTZER DONALD G ETUX GINGER 2317 ROSELAND DR CORPUS CHRISTI TX 78414 WINDSONG UNIT #1 LT 27 BK 2 45 Z0202-05 976200030010 BENAVIDEZ JOHN H ET U'X FRANCES V 6902 ROSELAND CORPUS CHRISTI TX 78414 WINDSONG UNIT gl LT 1 BK 3 46 Z0202-05 976200030020 APARICIO ALEJANDRO III E BLANCA ESTELA APARICIO 6906 ROSE LAND DRIVE CORPUS CHRISTI TX 78414 WINDSONG UNIT gl LT 2 BK 3 47 Z0202-05 976200030030 PEREZ ROBERT G ET UX SYLVIA PEREZ 6910 ROSELAND DR CORPUS CHRISTI TX 78414 WINDSONG UNIT #1 LT 3 BK 3 48 Z0202-05 976200030040 JOHNSON CURTIS R AND MARY L JOHNSON 6914 ROSELAND DRIVE CORPUS CHRISTI TX 78414 WINDSONG UNIT #1 LT 4 BK 3 49 Z0202-05 976200030050 MALDONADO SEFERINO ETUX MARTA G MALDONADO 6918 ROSELAND DR CORPUS CHRISTI TX 78414 WINDSONG UNIT gl LT 5 BK 3 50 Z0202-05 976200040010 LOPEZ ALFRED ET UX 6802 ROSELAND DR CORPUS CHRISTI TX 78414 WINDSONG UNIT #1 LT 1 BK4 51 Z0202-05 976200040020 TREJO RUBEN 6806 ROSELAND DRIVE CORPUS CHRISTI TX 78414 WlNDSONG UNIT gl LT 2 BK 4 52 Z0202-05 976200040030 WILSON RANDY D 6810 ROSELAND DR CORPUS CHRISTI TX 78414 WlNDSONG UNIT #1 LT 3 BK 4 53 Z0202-05 976200040040 COFER DOUG E JR ET UX CECILIA K 6814 ROSELAND DR CORPUS CHRISTI TX 78414 WINDSONG UNIT gl LT 4 BK 4 54 Z0202-05 976200040050 ELLIOTF WILLLMM D ET UX 6818 ROSELAND CORPUS CHRISTI TX 78414 WINDSONG UNIT #1 LT 5 BK 4 55 Z0202-05 976200040060 VOYLES RICKY P AND SUZANNE VOYLES WFE 6822 ROSELAND DRIVE CORPUS CHRISTI TX 78414 WINDSONG UNIT #1 LT 6 BK 4 56 Z0202-05 976200040070 DE GOOD DENNIS N 6826 ROSELAND CORPUS CHRISTI TX 78414 WINDSONG UNIT gl LT 7 BK 4 57 Z0202-05 TEXAS DEPT. OF TRANSPORTATION 1701 S. PADRE ISLAND DR. CORPUS CHRISTI, TEXAS 78416 Ownership List Case No. 0202-05 (Ara O. Azali & Tahbeh Mostaghasi) Page 4 SP Z0202-05 247600190110 AZALI ATA O 3546 PICADILLY LANE CORPUS CHRISTI TX 78414 FLOUR BLUFF & ENC FRM GDN TRACT S5 ACS OUT OF LT 12 SEC 19 SP Z0202-05 247600190116 GLASS W F & B H CASEY 5010 OAKMONT CORPUS CHRISTI TX 78413 FLOUR BLUFF & ENC FRM GDN TRACT W/2 OF SW 5 ACS OUT OF LT 11 SEC 19 SP Z0202-05 247600190120 GLASS W F & B H CASEY 5010 OAKMONT CORPUS CHRISTI TX 78413 FLOUR BLUFF & ENC FRM GDN TRACT W5 ACS OUT OF LT 12 SEC 19 Z0202-05 LEROY SAN MIGUEL MAINTENANCE DEPT. CORPUS CHRISTI I.S.D. P. O. DRAWER 110 CORPUS CHRISTI, TX 78403 Z0202-05 LUPITA BESTE BRIGHTON VILLAGE ZONING COORDINATOR P. O. BOX 81531 CORPUS CHRISTI, TEXAS 78468 Z0202-05 TERRY WHITE BRIGHTON VILLAGE NEIGHBORHOOD ASSN. 2514 S. PADRE ISLAND DR. CORPUS CHRISTI, TEXAS 78415 Z0202-05 ROGER KOEPKE WOOLDRIDGE CREEK NEIGHBORHOOD ASSN., INC. 5906 GOLDEN CANYON CORPUS CHRISTI, TEXAS 78414 COMMENTS RECEIVED FROM NOTICES MAILED Case No. 0202-05 Ata O. Azali and Taybeh Mostagahsi · - FAVOR X - OPPOSED (Note: The listed numbers correspond to the attached map.) Notices returned from within the 200-foot notification area: Favor: None. Opposition: 37) Andrew D. Moreno, 6817 Roseland Dr. "No objection if service road is put in behind homes on Roseland Drive and Windsong." II. III. Responses received from outside the 200-foot notification area: Favor: None. Opposition: None. Responses received from owners/applicants of subject area: Favor: None. Opposition: None. H:~P LN-DIR~ERMA\WORD\COMMDATA\0202435COMMENTS.DOC /2, City CouncilMinutes February27,2002 Ata O Azali and Taybeh Mostagahsi: 0202-05 REQUEST: "F-R" Farm-Rural to "R-lB" One-family Dwelling District on property described as bbeing a 7.5-acre tract of land out of Lot 11 and 12, section 19, Flour Bluff and Encinal Farm and Garden Tracts and located on the north side of Wooldridge Road, approximately 150 feet west of Windsong Drive. Mr. Saldafia presented a computerized slide illustration of the subject property and the surrounding area. The subject property is a portion of a 141.77-acre tract of land that is predominantly used as farmland. There are 20 acres used as medical offices and another 20 acres used for a church. Abufdng the subject property on the north, there are 114.12 acres of land zoned an "R-lB" District that are developed with single-family residences. Mr. Saldafia said that the applicants have requested a change of zoinng on the 7.5 acre land area from "F-R" Farm Rural District to "R-lB" One-Family Dwelling District, in order to develop a single- family residential subdivision with direct access to an arterial, Wooldiidge Road. Proposed development plans include combining the subject property with the remaining portion of Lot 12, containing 4.77 acres, located between Tracts I and 2 and zoned with a "R-lB" One-Family Dwelling District. The applicants have advised staff of their ownership of the 4.77-acre tract and their intentions of developing that tract with the subject property, totaling 12.27 acres, as a single-family subdivision with 89 lots. The proposed subdivision, known as Whispering Creek would be an expansion of the abutting "R-lB" District to the north. The existing "F-R" District permits single-family development, but requires a minimum lot s/ze of five (5) acres. Mr. Saldafia said that the Southside Area Development Plan's adopted future land use map recommends the area to develop with low-density residential uses. As requested, the "R-lB" District is consistent with the Plan's recommended land use. Therefore, Staff recommends approval of the rezoinng request. There were 51 notices sent to property owners within a 200-foot radius of which none were returned in favor and one was returned in opposition. Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. ComnUssioner Sween-McGloin asked for clarification about the property located in the center of the subject property and the residential area abutting the subject property. Mr. Saldafia said that the property was zoned as an "R-lB" District. Mr. Saldafia explained that the residem in opposition was opposed because he wanted a service road adjacent to his backyard to allow him to continue using the property to park his boat in his backyard. ComnUssioner Pusley asked about discussions for multiple exits in the development. Mr. Saldafia said that the proposed layout for the development is two cul-de-sacs onto Wooldridge Road. Commissioner Arusler asked about improvements to Wooldridge Road. Mr. Gunning said that he would request information from the Engineering Department to share with the Commission. Motion by Sween-McGloin, seconded by Salazar, to forward a recommendation to City Council for approval. Motion passed with Minas, Smith, and Zamom being absent. Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY ATA O. AZALI AND TAYBEH MOSTAGAHSl, BY CHANGING THE ZONING MAP IN REFERENCE TO 2.5 ACRES OUT OF LOT 1'1 AND $ ACRES OUT OF LOT '12, SECTION 19, FLOUR BLUFF AND ENClNAL FARM AND GARDEN TRACTS, FROM "F-R" FARM-RURAL DISTRICT TO "R-'lB" ONE-FAMILY DWELLING DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Ata O. Azali and Taybeh Mostagahsi for amendment to the zoning ordinance and zoning map of the City of Corpus Christi; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, February 27, 2002, during a meeting of the Planning Commission, and on Tuesday, March 26, 2002 during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Chdsti, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning of 2.5 acres out of Lot 11 and 5 acres out of Lot 12, Section 19, Flour Bluff and Encinal Farm and Garden Tracts, located on the north side of Woolridge Road, approximately 150 feet west of Windsong Drive, from "F-R" Farm- Rural District to "R-I B" One-family Dwelling District. A metes and bounds description for the 2.5 acres (Tract 2) and the 5 acres (Tract 1) is attached as Exhibit A. SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section I of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1973, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. ~LEGAL~AVV~LEG`~D~R~y~eD~urtis'~YD~CS~2~&Z~RD~2~n~ng~rd~DOYLEC~2~Aza~iM~s~tagahsi~z~2~2~5A~rd~d~c Page 2 of 3 SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. 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 upon first reading as an emergency measure on this 26th day of March, 2002. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor, The City of Corpus Christi APPROVED AS TO LEGAL FORM 19 March, 2002 James R. Bray, Jr. c ty^ By: ~ ~//,,~-~ ~._ ~,C/'~ ~ ~ Doyle D.~rtis Senior A~-~sistant City Attorney ~-EGAL~LAW~I-EG-DIR~Doyle DC u r tisWIYDOCS~2002~P&ZO RD02~.o nlng .ord~DOYLEC~2002~,zaliMos.tagahsi. Z020205A.Ord.doc ~,~ Exhibit A GF#15202495 Tract I: Being a part of Lot Twelve (12), Section Nineteen (19), FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, a Subdivision in Nueces County, Texas, according to the Map or Plat thereof recorded in Volume A, Pages 41-4.3, Map Records, Nueces County, Texas, to which reference is hereby made for a more particular description, and being more particularly described by metes and bounds as follows, to-wit: Beginning at a point in the centerline of Wooldridge Road, being also the common corner of Lots 12, 13, 20, and 21, of said Section 19, far the west corner of this tract; Thence North 29 degrees 01 minutes East 660 feet along the common boundary line of said Lots 12 and 13 to a point for the north corner of this tract; Thence South 60 degrees 59 minutes East 330 feet to a point for the east corner of this tract; 'Thence South 29 degrees 01 minutes West 660 feet to a point in the centerllne of Wooidridge Road and the common boundary line between Lots 12 and 21 of said Section 19, for the south corner of this tract; Thence North 60 degrees 59 minutes West 330 feet along said centeriine and boundary to the place of beginning, and containing Five (5) acres of land, more or less. Tract 2: The wESTERN HALF of the westernmost five acres of Lot Eleven (11), Section Nineteen (19), FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, according to the Map or Plat thereof recorded tn Volume A,,~ages 41-43, Map Records, Nueces County, Texas, to which reference is hereby made for a more particular description, and being more particularly described by metes and bounds as follows, to-wit: From the east corner of said Lot ! I, the same being the common corners of Lots 6, 7, 10, and 11 of said Section, thence North 60 degrees 59 minutes West 495 feet to a point in the common boundary line between said Lots 6 and 11, and thence South 29 degrees 01 minutes West 660 feet toa point for the place of beginning. Thence South 29 degrees 01 minutes West 660 feet to the center line of Wooldridge Road and the south corner of this ~ract; · Thence North 60 degrees 59 minutes West 165 feet along the center line of Wooldridge Road and the southweSt boundary line ofsaid Lot I I to the west corner of said Lot 11 and the west corner of this tract; Thence North 29 degrees 01 minutes East 660 feet along the northwest boundary line of said Lot !1 to a point therein for the north corner of this tract; Thence South 60 degrees 59 minutes East 165 feet parallel with the southwest boundary of said Lot 11 to a point for the east corner of this tract aud the place of beginning, and containing two and one-half (2 I~) acres of land, more or less. -.~ ~ CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: (Caption/Title of Presentation as it should appear on the agenda) Emergency Repair Grant Program STAFF PRESENTER(S): Name 1. Norbert Hart, Director, Title/Position Department Housing & Community Development 2. Hector Vallejos, Acting Administrator, Community Development OUTSIDE PRESENTER(S): Name 1. NA Title/Position Or;lanization ISSUE: Presentation provided at the request of the City Council. REQUIRED COUNCIL ACTION: No Council action required at this time. purposes only. Presentation for informational Proposed staff recommendations will be presented at the Corpus Christi Community Improvement Corporation Annual Meeting on Tuesday, April 16, 2002. ~Horbert Hart///~,~ ousing and Community Development Additional Background [] Exhibits [] 1 T ' I'!' .... CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION EMERGENCY HOME REPAIR GRANT PROGRAM HOUS~G AND COMMUNITY DEVELOPMENT P.O. BOX 9277, CORPUS CHRISTI, TEXAS 78469-9277 TELEPHONE: (361) 880-3010 FAX (361) 880-3005 PURPOSE The purpose of the Emergency Repair Grant Program is to provide assistance to low income home owners to repair their homes. The program addresses repairs of homes which may have major defects and could endanger the occupants. The Emergency Repair Grant is a grant which does not have to be repaid however, it cannot exceed $6,500. When the applicant exhausts the grant amount of $6,500, they cannot re-apply again for additional funding. The Emergency Repair Grant can be used for the following repairs: Plumbing Roofmg Minor Structural defects Heating Systems Improvements related to energy conservation Access modifications for persons with disabilities. Home security improvements (not to exceed $300.00) Electrical All requests are accepted on a "first-come, first-serve" basis. In cases where the physical defects are determined to pose an immediate danger to the occupant, the appropriate actions will be initiated immediately to address the situation. All applicants will have an opportunity to speak to a Grant Processor which will administer an assessment to determine situations which pose an immediate danger. The case will then be assigned to a Property Advisor to follow-up and verify the immediate danger. If the Property Advisor determines that the assessment information is correct, the ease is assigned for services to correct the dangerous situation. ELIGIBILITY REQUIREMENTS All program applicants must meet the following in order to participate in the program: Must meet 50% of the established HUD median income for the City of Corpus Christi. Must be a resident of the City of Corpus Christi Must have a Warranty Deed establishing ownership of the property. Must have a current picture I.D. and an original Social Security Card. Must have lived in their home for one year and be using it as their principal resident. Must be 62 years or older or disabled (must be receiving Social Security disability benefits if claiming disability). Must be willing to provide verification of income on all family members residing in the household which includes: 1. Social Security amounts received (letters from Social Security department, bank statements indicating amounts of direct deposit). 2. Most recent checking and savings account bank statements. 3. Employment verification forms on earned income. 4. Verification on all other unearned income. Must verify that all cash on hand does not exceed the limits for the program. Must provide information on all assets held and their disposition. All property taxes must be current. INCOME LIMITS All earned and unearned income of all members in the household are counted toward establishing eligibility for the Emergency Repair Grant Program. The household must meet 50% of the Median Income as Established by HUD according to family size. ~ 14,800 16,900 19,050 21,150 22,850 24,550 26,250 27,900 PROPERTY REQUIREMENTS · Home owner signs the Grant application that includes an affidavit indicating they agree not to sell their home within the affordability period of five years. · All property that was previously rehabilitated including room additions must have been issued a permit t~om the City of Corpus Christi Building Division and passed the required inspections in order to qualify for repairs under the program. 2 EMERGENCY REPAIR HOME GRANT PROGRAM START Application is taken Step 2 (same day) re certification is conducted for eligibility / Pr°ce"°r Pe"°""s Ho"sing ]Assessment to determine if case1 ~ is an emergency (1 - 3 days) ~_~ Given to Property Advisor for No emergency determination Step 4 (18 mos. wait period) laced on waiting list. Waiting st is on a first come first serve basis. Step S (2-5 days d~_epends on applicent) '~]~ Verify applicants eligibility Step 6 (1-20 days) Assign to PA to develop specifications Step 7 (1 day) Assign to Con~'actor Step 8 (5-10 days) Decision by Contractor to accept project. Step 9 (2-5 days depends on applicant) IProcessor contacts applicant to obtain 1. Homeowner signature on approval application and acceptance Iof work. ~ 2. Gives applicant a copy of specifications. Step 10 (3-1 days) Contractor picks up work order. Has 15 days to complete job. Step 11 (10-IS days) Conlruction Phase. Property Advisor monitors work being performed. Step 12 (1 day) ~ Contractor calls Property Advisor for final inspection when job is completed. Propert Advi*or performs a f'mal inspection and r~ommend~ payment. Step 14 (1_ day) Processor 1. Initiates payment request .2. Enters information on HUD data base. 3, Gives ease to Office Assistant II. Step IS (1 day) Office Assistant II (same day as Step 14) 1. Initiates final payment. 2. Contacts the contractor and obtains the required signatures. 3. Notarizes signatures. Step 16 (1 day) Processor obtains signatures on payment memos and delivers documents to fmance. Step 17 (1 day) ] Checks are received from Finance Deparlment and are given to the Property Advisor. 4 Step 18 (Same day as Step 17) '~ Property Advisor ] Receives checks and ensures all warranties and inspection tagsI Step 19 (I day) ~ocessor ensures project is set-up and closed on HUD Data Bas and gives case to Office Assistant II. Step 20 (2 days) Office Assistant II 1. Reviews case for all documents Makes copies and mails out original warranties to home owner.] 3. Files closed case. / One year warranty period starts. When one year wurran~y period expires, case is closed. 5 EMERGENCY HOME REPAIR GRANT PROGRAM Corpus Christi Community Improvement Corporation City of Corpus Christi Housing and Community Development PROGRAM DESCRIPTION )o -The Emergency Home Repair Grant Program is designed to assist home owners ages 62 or older and or disabled individuals with no age limit, with repairs to their homes. ➢ This program provides a means for very low income home owners to have defects in their homes repaired which would otherwise endanger their health and safety. ➢ The grant cannot exceed $6,500 for home repairs. GRANT REPAIRS The Grant Program only addresses the following home repairs. ➢ ROOFING ➢ PLUMBING ➢ ELECTRICAL ➢ HEATING SYSTEMS ➢ ACCESSIBILITY MODIFICATIONS ➢ MINOR STRUCTURAL DEFECTS ASSOCIATED WITH THE ABOVE REPAIRS BACKGROUND ➢ The guidelines and procedures for the Emergency Home Repair Grant Program are described in Chapter 21 of the Corpus Christi Community Improvement Corporation (CCCIC) Loan and Rehabilitation Handbook. ➢ The Grant Program was started in October 1984 and to this date continues to operate successfully. More than 2,297 elderly and disabled families have been assisted through February 2002. A BACKGROUND (CONTINUED) ➢ The maximum grant limit in 1984 was $3,300 and was increased to $4,000 on August 1993. In February 1996, the grant was increased to $6,500 to meet the increasing costs of materials and labor. Other Funded Programs ➢ In February 1987, the Housing and Community Development Department through the Emergency Repair Grant initiated a working agreement with the Corpus Christi, Southside and Five Points Kiwanis Clubs. ➢ The Kiwanis clubs build wheel chair ramps on a volunteer basis and bill for material costs only. To date, a total of 132 families have been assisted. Other Funded Programs ➢ In August 1996, Sea City Work Camp operated by the United Methodist Church agreed to work with HCD. The Program identifies applicants in the community that are low income and agree to allow youth to repair their homes. ➢ HCD certifies the individuals that participate in the program and pays for material costs up to $6,500 achieving a substantial savings on labor costs. To date, a total of 19 families have been assisted. 1 Other Funded Programs ➢ In September 2000, the City of Corpus Christi Police Department Community Relations Division signed a working agreement to provide rehabilitation assistance through community volunteers. Police officers identify t homes in census tracks that are in a high crime area that belong to low income individuals. ➢ Individuals are referred to HCD for program eligibility and volunteers are used to perform all the work. The Emergency Repair Grant funds are used to pay for material costs. To date two families have been assisted. FUNDING SOURCE ➢ Annual funding for the Emergency Repair Grant Program comes from the Community Development Block Grant (CDBG). ➢ The Housing and Community Development Staff submit funding recommendations to the Planning Commission. ➢ The Planning Commission then reviews the recommendations and makes their recommendations to the City Council. Funding Source (Continued) ➢ The City Council has the final approval. Total approved funding has ranged from $250,874 in 1984 to $900,000 in 1997 to $850,000 through FY 01/02. ➢ For the last five years the funding level has remained at $850,00.0. ELIGIBILITY CRITERIA ➢ Applicants must be age 62 or older or certified disabled with no age limit. ➢ Home owners must occupy and reside in the home for at least one year before applying. ➢ Home owners must meet very low income guidelines (50% of Median Income). Eligibility Criteria (Continued) ➢ Home owners must have a warranty deed to their property. ➢ Must have a current picture I.D. and an original Social Security Card. ➢ Must provide recent, checking and savings bank statements. Eligibility Criteria (Continued) ➢ All property taxes must be current. ➢ Must provide verification on all assets held. ➢ Cash on hand must not exceed program limits. Income Limits Qualifications ➢ Very low income limits are established by HUD and subject to change. Family Size 1 2 Annual Income 14,800 16,900 3 19,050 4 21,150 5 22,850 6 24,550 7 26,250 8 27,900 Grant Processing ➢ All applicants are seen and assisted in filling out the applications. The program is explained and a housing assessment form is completed to determine if the applicant has a hazard or impending hazard. The applicant may identify other hazards which will be evaluated. ➢ If it is determined through the housing assessment that a hazard does not exit, the applicant is placed on a waiting list which may take as long as a year otherwise the case is processed immediately. Grant Processing ➢ The average time it takes to process a non- hazardous grant is about two to four months from the date the home owner is selected from the waiting list to the completion date. ➢ An average of 20 cases a month are selected from the waiting list on a "first-come, first -serve" basis. Determining a Hazard A Housing Assessment is performed on each applicant at the time of application. The Housing Assessment consists of the following: ➢Is your gas currently on? ➢ Is your electricity currently on? ➢ Do you have heating? ➢ Is your water currently on? ➢ Is your sewer currently working? ➢ Is your water heater working? If a no response is given on any of the above, a Property Advisor is assigned to verify the hazard. Grant Program Waiting List Characteristics ➢ In 1984, The Emergency Repair Grant was originally initiated to provide immediate assistance in emergency situations while the applicant was waiting to be processed through the loan program. ➢ Applicants started accepting the grant, however, they then refused to follow through with the loan program resulting in the applicant receiving the grant as the sole assistance. ➢ Since the grant amount was increased from $4,000 to $6,500 in February of 1996, applicants that were previously assisted were allowed to re -apply for services and use the increased balance for additional assistance. This affected the program by more than doubling the waiting list. Grant Program Waiting List Information ➢ Applicants that have received prior assistance make up a major portion of the waiting list in the program creating an additional waiting time for first time applicants. Currently, one-third of the applicants on the waiting list have previously received assistance. ➢ Annually, HUD monitors all funded programs and reviews program procedures to ensure that all applicants are treated fairly and consistently in accordance with the Fair Housing Act. ➢ The "first come, first -serve" system conforms to the non- discriminatory procedures established in the Fair Housing Act. Grant Application Status FY 01/02 GRANT APPLICATIONS THROUGH 02/28/02 onth New Apps Beginning monthly balance New Apps Received New Apps Monthly Balance Apps issued for survey Apps Cancelled End of Month Apps Pending Balance Aug. 323 12 335 14 7 314 Sep 314 14 328 17 24 287 Oct 287 25 312 31 26 255 Nov 255 19 274 19 17 238 Dec 238 16 254 42 20 192 Jan 192 27 219 2 11 206 Feb 206 54 260 2 11 247 Year -To -Date -Totals �� 1'✓. 1 ✓• 11: 11. 11. 1:111 L' 02/28/02 TOTALS UNDER CONSTRUCTION/COMPLETIONS #Work Work Grants Amount Surveys Wheel Amount Cumulative units in units in Completed Pending Chair Total Progress progress Awaiting PD/Sea Funds Amounts. Work City Orders Comp. 10 1 383652 108 4939357 47 23 159927 547,937 PROGRAM FUNDING AND EXPENDITURES Emergency Grant Program FY 01/02 Funding Levels, Expenditures and Projected Expenditures As of 02/28/02 FY 00/01 FY 01/02 Total FY FY 01/02 Projected/ FY 01/02 Carry- Funding 01/02 Program Program Encumbered Funding Over Funding Expenditures Expenditures Balance 14,763.67 8509000 8649763.67 5479937.49 2589098 589098.00 Note: Carry-over ampunt was created to three units no$ completed during the Fiscal Year. k Program Completions By Year FY Previously Assisted 97/98 98/99 99/00 00/01 01/02 202 83 83 82 50 New Wheel Applications Chair Ramps 25 0 80 43 90 44 64 24 58 18 Totals 227 266 260 170 126 (7 months) Emergency Grant Productivity FY 95/96 through FY 0 Expenditures FY Units Completed 01/02 126 00/01 170 99/00 260 98/99 266 97/98 227 96/97 179 547,937 849,746 820,085 810 484 885,669 746,028 850,000 850,000 850,000 850,000 850,000 900,000 1/02 Maximum Grant Amount 6,500 6,500 6,500 6,500 6,500 6,500 Emergency Grant Productivity (Continued) FY Units Expenditures Budget Maximum Completed Grant Amount 95/96 262 $782,117 80000 $400 94/95 247 $792,396 80000 $41000 93/94 254 $698,321 700,000 $3,300 92/93 257 $6889773 7009000 $35300 91/92 139 $393,868 410,000 $3,300 Services Provided ➢ Process the application ➢ Make home visits when required ➢ Conduct a survey of the property ➢ Review work to be done with home owners ➢ Write Specifications Prepare cost estimates ➢ Negotiate a contract price ➢ Issue Contractor Work Orders Services Provided ➢ Inspect and monitor construction during and upon completion. ➢ Write up amendments ➢ Conduct quality control inspections ➢ Request payment for contractor ➢ Oversee a one year warranty ➢ Ensure applicants receive all warranties Staff Assigned ➢ Administration Supervisor ➢ Operations Supervisor (Vacant) ➢ One full-time Grants Property Advisor ➢ Three Property Advisors that do grants part-time (two per week) ➢ One Grant Processor (Temporary) ➢ Receptionist GRANT FUNDS REQUIRED TO ADDRESS THE APPLICANT WAITING LIST Total Applicants New Applicants Grant Repeat Grant Amount Applicants Amount 247 168 $6539184 79 2399662 TOTAL FUNDING REQUIRED 1$9119662.00 Contractor Recruitment and Requirements In Fiscal Year 99/00 through 01/02, contractor recruitment has steadily increased. The bond requirement was lowered to $500.00 in FY 99 which made it less costly to enroll in the program. Currently there are 18 active contractors performing work for the Emergency Grant Program. The following are the contractor requirements: ➢ $500.00 bond requirement ➢ Must have established capacity by having good credit ➢ Must provide references on previous jobs performed ➢ Must carry General Liability, Property Damage and Workman's Compensation Insurance AAAA EMERGENCY HOME REPAIR GRANT FLOWCHART START Application is taken Step 3 (ss.a day) !re cerufienion is conducted for eligibility Step d (...a day) YRS Processor performs Housing A as...m ant to deter. ion if .... is an e.crgeoey NO (1 -5 days) Slep (18 •os. waft period) Given to Property Advisor for No Placed nn w.iti.. lin. Waiting emergency determination list i. on. fvb some fire serve bssia. Yee Step 5 (3-5 dap depends on applicant) Verify applicants eligibility Stop 6 (130 days) Assign to PA to develop specirmattions Stop y (1 day) Assign to Contractor Step S (5.10 days) No Decision by Contractor to accept project. 'aaslnpy Apadoid aq1 of aaN9 aas pue luampsdap a*oVuld moy panla*a am sgoago (Asp 1) Ll dais 'a*umg of sluamnoop s*angap pus Somam loamAnd uo saanPeslS Smmgo aossa*md (Asp 1) 91 dais 'samausls sazumoN '£ 'sanleusls pannbaa aql salmgo pus aol*aluo* aql speleon 'Z 'luamAed lsug Smelllul 1 (t[ dais is Asp am")111unsnsy a*glo (Sep 1) SI dais 11 lugslssy a*g{o of ase* sanla'( -mvq elep onH eo uollauuajm Simug 'Z' lsonbaa loaoi(eJ saeglul 'I aossoomd (Asp 1) tl dais IuamAsd spuommooa pue uopoadsul pmg • smiolsad aoslepy uadoad (Asp 1) ❑ dais 'palaldmoo sl qof oagm uoq*adsm levy lo) *oslwpy Anadold spec imoenuo3 (Asp 1) A dais pamioyad Suiaq JJOM aallenm aminpy Apadmd 'asegd uoponn000 (sAsp 51-01) 11 dais 'qof alaldmoo of sAep Sl ssH aapao 4jom do paid imosn000 (sAep I`£) of dais 'suopoogloods;o Adoo a loeolldde sanlo 'Z gaoA3o aoueldaooe pue uolleogdds lenoadde uo oameosM 12UMOOMOH 'I almgo m los*gdds q*elno* loseaoo*d (lunlldde us spuadap dap S -Z) 6 dais Step 1S (Same day as Step 17) Property Advisor 1. Receives checks and ensures all warranties and inspection tags are in case. 2. Gives case to processor. Step 19 (1 day) ensures project is set-up and closed on HUD Data Base and gives case to Office Assistant B. Step 20 (2 days) Office Assistant 11 1. Reviews case for all documents Makes copies and mails out original warranties to home 3. Files closed case. Step 21 (365 days) One year warranty period starts. When one year warranty period expires, case is closed. End 16 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Health Department Animal Control Euthanasation of Animals STAFF PRESENTER(S): Name Title/Position Department 1. Jorge G. Cruz-Aedo 2. Jeff Beynon 3. ACM ACM Animal Control Supervisor Health OUTSIDE PRESENTER(S): Name Title/Position Or.qanization ISSUE: The feasibility of using lethal injection vs. the euthanasation chamber in the euthanasation of animals at Animal Control. BACKGROUND: REQUIRED COUNCILACTION: None Additional Background [] Exhibits [] (Del~=t~ent Head Signature) Animal Control Euthanasia Health Department City of Corpus Christi March 26, 2002 13 Goal and Objective Use of most effective humane method of euthanization in relation to cost FA LAI Current Method Carbon Monoxide Gas Chamber U 0 Alternate Method Lethal Injection Denatured Sodium Pentobarbital 51 Definition of Euthanasia Latin word meaning "good death" El Approved Methods for Mass Euthanasia of Animals in Texas • Carbon Monoxide Gas --must be cooled and filtered (Corpus Christi uses � commercially bottled gas). • Injection by Denatured Sodium Pentobarbital (DEA Permit required). on Conditions for Euthanasia • Must cause brain death or cessation of brain activity first. Then respiration and cardiac activity can cease. • Must cause little to no pain. • Must be quick and humane. • Circumstances dictate method. Number of Animals euthanized at the Animal Control Facility From 10,000-12,000 animals in 1980s to 20,000-24,000 in late 1990s. 14,400 animals in FY 2000-01 Types of Animals Euthanized 1. Dogs 2. Cats 3. Opossums 4. Raccoons 5. Birds 6. Snakes 7. Skunks 8. Others (coyotes, foxes, etc.) ON Average Number of Animals Euthanized Daily 5-10 on Weekends/Holidays 50-100 on Weekdays (Depends on time of year) 10 El Age of Animals Euthanized Newborn to 20+ years old Most are 1-7 years old I1 In Responsibilities of Local Governments • Euthanize all animals that need it when presented --sick, injured, owner request, etc. • Adopt/transfer/find homes for all healthy animals when possible. • Euthanize all unwanted/unadoptable animals at no/little cost regardless of owner. • Decide cost effectiveness. 13 Reasons for Euthanization U • Sick • Can't Control • Injured • Can't Find Homes • Old age Didn't Want Offspring • Bite Case Barks/Whines/Howls • Declared Dangerous Chews • Can't Afford --redeem • Moving • Bites • Don't Want Anymore 12 CO Gas Chamber Pros and Cons 14 U 11 0 CO Chamber Pros • Cheaper in cost with larger number of animals. • Not personal --"hands off " aspect for personnel. • Reduces risk of injury to personnel. • Handle large number of animals in short period of time. • Excellent for wildlife/hazardous animals. 15 U CO Chamber Cons • Stress to animals --know what is happening • Delay between brain activity cessation and cessation of breathing and heartbeat • Although brain not active, dogs howl and cats climb side of cage • Most people cannot watch • Association with genocide of WW II 16 F] LI CO Gas Costs/Animal • Labor $ 0.116 • Equipment $ 0.068 • Supplies $ 0.09 • Total/Animal $ 0.27 17 El Cost for # of Animals in FY 2000-01 $4,172.00 ff.] El Injection Euthanization Pros and Cons 19 Injection Pros • More humane to animal --cessation of brain activity, respiration, and heartbeat at roughly the same time. • Easier on animal --individual not group • Easier on society 20 Injection Cons • More labor intensive. • Higher cost --medicine and supplies. • Hands on every animal --higher stress on employees and higher risk of injury. • Higher turnover of employees. • Wildlife poses difficult situations. 21 Ll Injection Costs/Animal Labor $ 0.95 Equipment $ 0.031 Supplies $ 2.26 Total/Animal $ 3.24 22 13 Cost for # of Animals in FY 2000-01 $48,276.00 23 Comparison of Methods/Animal • CO Gas • Labor • Equipment • Supplies $ 0.116 $ 0.068 $ 0.09 • Total/animal $ 0.27 • Inj ection • $ 0.95 • $ 0.031 • $ 2.26 • $ 3.24 24 H Comparison of Methods for FY CO Gas Injection 2000-02 $ 4,172.00 $ 48,276.00 (14,400 animals euthanized in FY 2000-01 at C.C. Animal Control Facility) 25 El • Fiscal Year 2002-03 • Supplemental Funding Request • Euthanasia equip/supplies $ 50,000 • 4 Additional Personnel 150,000 • (2 ACO I positions) • (2 Euthanasia Tech positions) • Total additional funding request $200,000 26 How Did We Get Here? • Historical information. • Original assumptions that are no longer valid. • Comparison with other cities in Texas. • Local organizations/groups. 27 Historical Information F] • Animal Control was originally developed for only rabies control but has changed. • Older mass euthanization methods now illegal in Texas including decompression chamber, paralytic agents, shooting, arsenic, nicotine, etc. • Some animals (dogs/cats) now referred to as pets which puts a human connitation on them. 28 Assumptions No Longer Valid • Animals do not feel pain --proved false. • Euthanasia is painless. • Animals do not know what is going on. 3 •Animals have rights --not under the current legal system where animals are considered property (based on the old English law that was the basis of our legal system). 29 Comparison to Other Texas Cities • San Antonio only other large city to use CO Gas Chamber. • Most other large cities have a vet on staff or under contract, but the vet does not necessarily euthanize the animals. • Most other cities do not handle as large a population of wildlife. 30 Local Organizations • Humane Society • Peewee • PALS • Animal Control • CCARE • Lost Pet Hotline Pets Pets Pets All None None Selective Selective Selective Not selective 31 13 Final Decision • Public policy decision of City Council. • Deals with only the final aspect, not the step of ownership responsibility. • With current resources gas euthanization can continue. New resources would be required for injection euthanasia. • It is a funding issue: Staffing Supplies Capital costs 32 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION City Council Meeting - March 26, 2002 AGENDA ITEM: Presentation on the proposed Corpus Christi Skate Park. CITY STAFF PRESENTER(S): Name Title 1. Marco A. Cisneros Director 2. 3. Dept/Division Park and Recreation ISSUE: The City has been working on a proposed skate park project for some time..This presentation will serve as an update for the City Council on the status of that project. REQUIRED COUNCIL ACTION: None required. Exhibits X Marco A. Cisneros, Director Park and Recreation Department Mai 002 Presentation Overview Background Consideration Factors Typical Skate Park Design Possible Locations Funding Options Proposed Program Description Recommendations Background Private Group Request City Council Direction City Committees Review · Commission on Children and Youth · Park and Recreation Advisory Committee Committees' Recommendations Consideration Factors Liability Issues · Public Perception - High Risk · HB 1058 · Comparable Risk Supervised vs. Unsupervised Activity Location · Noise Complaints · Hours of Operation Consideration Factors continued User Groups · Age Appropriate Participation · Skate Boarders · Inline Skaters · BMX Bicycle Riders Typical Skate Park Design Heavy User Input for Design Concrete in the Ground Facility Fenced in Facility Lighted Facility Spectator Area Parking Lot Rest Rooms / Office / Storage Facility 3 4 6 Possible Locations Single vs. Multiple Sites Bill Witt Park Corpus Christi Boys and Girls Club Dr. H. P. Garcia Park Labonte Park South Bluff Park Swantner Park West Guth Park 7 Funding Options Private Funds Bond Funds Community Development Block Grants · Reprogrammed Funds · New Project Grant Funds General Fund State Grant Funds Combination of Funding Sources 22 11 Proposed Program Description ! New City Recreation Program ~ Leased Site at Corpus Christi Boys and Girls Club ! Centrally Located Site ~ Private/Public Partnerships · Corpus Christi Boys and Girls Club · Progressive Sports Association ~ Supervised Activity Program 12 Proposed Corpus Christi Skate Park 26 13 Recommendations Put Best Foot Forward Approach Pick a Centrally Located Site Partner with Highly Recognized Youth Services Organization Partner with Skating and Biking Enthusiasts Work on City Skate Park Project for Leased Boys and Girls Club Property 27 Ques ons 28 14 18 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Project update by The Waters Consulting Group, Inc. on the development of a compensation and classification system for all City employees except Police and Fire personnel covered by collective bargaining agreements. STAFF PRESENTER(S): Name Title/Position Department 1. Cynthia C. Garcia Director of Human Resources Human Resources OUTSIDE PRESENTER(S): Name Title/Position 1. Rollie Waters CEO 2. Ruth Ann Edwards Consultant Organization Waters Consulting Group, Inc. Waters Consulting Group, Inc. ISSUE: The City Council approved a motion on July 24, 2001, to execute a professional services agreement with The Waters Consulting Group, Inc., Dallas, Texas, at a cost not to exceed $296,808, for the development and implementation of an innovative citywide compensation and classification system for all City employees except Police and Fire personnel covered by collective bargaining agreements. The cost to fund an updated compensation and compensation system, $296,808, was adopted with the budget for 2001-2002. Funds were prorated among Utility Funds and the General Fund. Cost to the General Fund, $119,970 is included in the Human Resources Department's budget, Organization No. 11400, Expense Code 530000. The remainder of the cost has been prorated as follows: Water Fund, $81,310; Wastewater Fund, $41,436; Storm Water Fund, $13,544; and Gas Fund, $40,548. BACKGROUND This Project will: ;> Replace the City's aging, obsolete system > Enable the City to attract and retain qualified employees ;> Support reengineering efforts for the Departments of Wastewater, Water, Storm Water, Gas, Streets, Solid Waste Services, and the Park Maintenance Division by developing skill-based pay systems in FY02-03 Provide solutions for citywide compensation issues such as, internal equity of jobs within designated pay grade levels Design competitive pay schedules Provide the Council with several options for a phased-in implementation Tentative Timeline for Reminder of Project: ~ Presentation to City Council on Mamh 26, 2002, to solicit input for finalization of competitive pay structures ~ Presentation to City Council on April 23, 2002, on implementation plan and cost to transition applicable employees into the new pay structures offering several options to be considered in the budget process for FY 2002-2003 and subsequent fiscal years ~ Implementation of new citywide Compensation and Classification System in FY 2002-2003 ~ Tentative funding and implementation of Skill-Based Pay in applicable departments during FY 2002-2003, and concurrent implementation of job-specific training programs for certified skills, and other job-related requirements, that must be met for employees to be eligible to increase their pay by movement through a bread salary range in recognition of achievement of defined and demonstrated skill-sets. Participating employees will become multi-skilled and highly cross-trained. REQUIRED COUNCIL ACTION: No action is required at this time. Implementation will require the City Council to adopt new Compensation and Classification Ordinances for FY 2002-2003 incorporating the new pay system. Cost for the transition of employees from the old pay structures to the new ones will be recommended for funding through the budget process for FY 2002-2003. Director of Human Resources PMrep.are. cJ b.y~Lh_e Human Resources Department arcn -m~, zuuz H:\RES-DIR\SHARON\Project Agenda Item FY 02-03~3-26-02 Waters Pres to Council #1.DOC City of Corpus Christi Compensation Study Update to City Council Developing Compensation Systems to Attract, Retain and Reward Talented Employees Ma~lx 25, 2002 The Purpose of Today's Briefing Who is WCG? The Watens Consulting Grou~, Inc., ONCG) is a Who is WCG? Strategic Questions Key Objectives Provided by The Waters Consulting Group, Inc. www.watersconsulting.com Project Overview Project Approach Initial ProJect Strateav Meeting Project Approach Role of Steerina Committee mi Project Approach StrateGy Project Approach Job DescriDtIofl Development: A Partnership Project Approach · Objective review of each job by Job Evaluati~ Team Provided by The Waters Consulting Group, Inc. www.watersconsulting.com Sample Job Evaluation Compensable Facto~ Job Evaluation (~ vo~ v=o~o~) Establishing a Market Policy Establishing a Market Policy Key Considerations Establishing a Market Policy Key Considerations In designing a Customized Salary Structure Provided by The Waters Consulting Group, Inc. www.watersconsulting.com Establishing a Pay Policy PoLicy Line ~ Jor Pay Line $ Final Report Development Salary Administrative Policies and Presentation of Final Report · S81a~ Y Policies aI~ Prm;edures will be City of Corpus Christi Compensation Study Update to City Council EN1) OF SLIDE SHOW Provided by The Waters Consulting Group, Inc. www.watersconsulting.com 19 I I I I CITY COUNCIL AGENDA MEMORANDUM March 26, 2002 AGENDA ITEM: Ordinance authorizing the issuance of anticipation notes in the amount of $1,300,000; approving the sale of the notes; and ordaining other matters related thereto. ISSUE: The City needs to fund the Nourishment of Corpus Christi Beach in order to award the contract. The City will be seeking the contractor's surety company to pay for the completion of the project. Once this amount is determined and the funds received, the notes would be retired. REQUIRED COUNCIL ACTION: Approve an Ordinance providing the issuance of anticipation notes in the amount of $1,300,000; approving the sale of the notes; ordaining other matters related thereto, which will be used to finance the Nourishment of Corpus Christi Beach. CONCLUSION AND RECOMMENDATION: Staff recommends that the City Council approve the Ordinance authorizing the issuance of anticipation notes in the amount of $1,300,000; approving the sale of the notes; and ordaining other matters related thereto. Jo ~~. Cr~z'Aed0 Assistant City Manager Attachments: Background Information Ordinance BACKGROUNDINFORMATION The City Charter requires that the City of Corpus Christi has financing in place to award contracts. The issuance of the anticipation notes will provide the funding to finance the Nourishment of Corpus Chdsti Beach. The notes are structured with an interest rate on all maturities of 4.65%. The interest is to accrue from the delivery date (assumed to be Apd124, 2002). The are callable any date at 101% until March 1, 2005; declining to 100.66% until March 1, 2006; declining to 100.33% until March 1, 2007; and declining to par thereafter. The City intends to go against the contract bond for damages against the initial contract. Once the amounts are provided to the City, the City will retire the notes. We are anticipating this to occur no sooner than two years from the issuance of the notes. 2 ORDINANCE AUTHORIZING ISSUANCE OF ANTICIPATION NOTES THE STATE OF TEXAS COUNTIES OF NUECES AND SAN PATRICIO CiTY OF CORPUS CHRISTI WHEREAS, the Issuer (such term and other capitalized terms used in these recitals and this Ordinance being as defined in Exhibit A attached hereto), is a home-rule municipality having a total population of at least 50,000 according to the last preceding federal census, and was organized, created and established pursuant to the Constitution and laws of the State of Texas; and WHEREAS, the City Council is authorized pursuant to Chapter 1431 to issue anticipation notes for specified purposes, including, without limitation, to pay a contractual obligation incurred or to be incurred for the construction of a public work and the purchase of materials, supplies, equipment, machinery, buildings, lands, and rights-of-way for an issuer's authorized needs and purposes; and WHEREAS, the City Council deems it in the best interest of the Issuer to issue the Notes, pursuant to Chapter 1431, for the purposes hereinafter stated, and to secure the payment of the Notes from a pledge of the ad valorem taxes assessed and collected by the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. RECITALS, AMOUNT AND PURPOSE OF NOTES. That the recitals set forth in the preamble hereof are incorporated herein and shall have the same force and effect as if set forth in this Section. Pursuant to authority granted to the City Council by Section 1431.003 of Chapter 1431, the Notes shall be and are hereby authorized to be issued for the purpose of PAYING CONTRACTUAL OBLIGATIONS INCURRED OR TO BE INCURRED FOR THE CONSTRUCTION OF A PUBLIC WORK AND THE PURCHASE OF MATERIALS, SUPPLIES, EQUIPMENT AND MACHINERY IN CONNECTION THEREWITH. The Issuer desires to use the proceeds of the Notes to pay contractual obligations incurred or to be incurred by the Issuer in connection with the construction of improvements to Corpus Christi Beach and the purchase of materials and supplies (the "Property") in connection with the construction of the improvements to Corpus Christi Beach. Section 2. DESIGNATION, DATE, DENOMINATIONS, NUMBERS, AND MATURI- TIES OF NOTES. That the Notes shall be dated April 1, 2002, shall be in Authorized Denominations, shall be numbered consecutively from R-1 upward, and shall mature on March 1 in each of the years, and in the amounts, respectively, as set forth in the following schedule: YEARS MATURITY DATE: MARCH 1 AMOUNTS ($) 2005 300,000 2006 325,000 2007 325,000 2008 350,000 Section 3. NOTE PURCHASE AGREEMENT. That the Pumhase Agreement in substantially the form attached to this Ordinance is hereby accepted, approved and authorized to be delivered in executed form to the Purchaser. An Authorized Representative, acting for and on behalf of the City Council, shall cause the Purchase Agreement to be executed and delivered to the Purchaser. The City Secretary is hereby authorized to attest the execution of the Purchase Agreement on behalf of the City. Section 4. INTEREST. That the Notes shall bear interest from the date specified in the FORM OF NOTE set forth in this Ordinance to their respective dates of matudty or redemption prior to maturity at rate of 4.65% per annum. Said interest shall be payable in the manner provided and on the dates stated in the FORM OF NOTE set forth in this Ordinance. Section 5. CHARACTERISTICS OF THE NOTES. (a) Registration, Transfer, Conversion and Exchange; Authentication. That the Issuer shall keep or cause to be kept at the designated corporate trust office of the Paying Agent/Registrar the Registration Books, and the Issuer hereby appoints the Paying Agent/Registrar as its registrar and transfer agent to keep such books or records and make such registrations of transfers and exchanges under such reasonable regulations as the Issuer and the Paying Agent/Registrar may prescribe; and the Paying Agent/Registrar shall make such registrations, transfers and exchanges as herein provided within three days of presentation in due and proper form. The Paying Agent/Registrar shall obtain and record in the Registration Books the address of the registered owner of each Note. The Issuer shall have the right to inspect the Registration Books during regular business hours of the Paying Agent/Registrar, but otherwise the Paying Agent/Registrar shall keep the Registration Books confidential and, unless otherwise required by law, shall not permit their inspection by any other entity. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for making such registration, transfer, exchange and delivery of a substitute Note or Notes. Registration of assignments, transfers and exchanges of Notes shall be made in the manner provided and with the effect stated in the FORM OF NOTE. Each substitute Note shall bear a letter and/or number to distinguish it from each other Note. An authorized representative of the Paying Agent/Registrar shall, before the delivery of any such Note (other than Notes that bear the signature of the Comptroller of Public -2- Accounts of the State of Texas, as provided in the FORM OF NOTE), date and manually sign said Note, and no such Note shall be deemed to be issued or outstanding unless such Note is so executed. The Paying Agent/Registrar promptly shall cancel all paid Notes surrendered for transfer and exchange. No additional ordinances, orders, or resolutions need be passed or adopted by the Issuer or any other body or person so as to accomplish the foregoing transfer and exchange of any Note or portion thereof, and the Paying Agent/Registrar shall provide for the printing, execution, and delivery of the substitute Notes in the manner prescribed herein. Pursuant to Chapter 1201, and particularly Subchapter D thereof, the duty of transfer and exchange of Notes as aforesaid is hereby imposed upon the Paying Agent/Registrar, and, upon the execution of said Notes, the transferred and exchanged Notes shall be valid and enforceable in the same manner and with the same effect as the Notes which initially were issued and delivered pursuant to this Ordinance and approved by the Attorney General. (b) Payment of Notes and Interest. The Issuer hereby further appoints the Paying Agent/Registrar to act as the paying agent for the payment of the principal of and interest on the Notes, all as provided in this Ordinance. The Paying Agent/Registrar shall keep proper records of all payments made by the Issuer and the Paying Agent/Registrar with respect to the Notes, and of all transfers and exchanges of Notes, and all replacements of Notes, as provided in this Ordinance. (c) In General. The Notes (i) shall be issued in fully registered form, without interest coupons, with the principal of and interest on such Notes to be payable only to the registered owners thereof, (ii) may be transferred, assigned, converted, and exchanged for other Notes, (iii) may be subject to redemption prior to their scheduled maturities, (iv) shall have the characteristics, (v) shall be signed, sealed, executed and authenticated, (vi) the principal of and interest on the Notes shall be payable, and (vii) shall be administered and the Paying Agent/Registrar and the Issuer shall have certain duties and responsibilities with respect to the Notes, all as provided, and in the manner and to the effect as required or indicated, in the FORM OF NOTE. On each substitute Note issued in conversion of and exchange for any Note or Notes issued under this Ordinance the Paying Agent/Registrar shall execute the PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE, in the form set forth in the FORM OF NOTE. (d) Substitute Paying Agent/Registrar. The Issuer covenants with the registered owners of the Notes that at all times while the Notes are outstanding the Issuer will provide a competent and legally qualified bank, trust company, financial institution, or other agency to act as and perform the services of Paying Agent/Registrar for the Notes under this Ordinance, and that the Paying Agent/Registrar will be one entity. The Issuer reserves the right to, and may, at its option, change the Paying Agent/Registrar upon not less than 30 days written notice to the Paying Agent/Registrar, to be effective not later than 15 days prior to the next succeeding Payment Date. In the event that the entity at any time acting as Paying Agent/Registrar (or its successor by merger, acquisition, or other method) should resign or otherwise cease to act as such, the Issuer covenants that promptly it will appoint a competent and legally qualified bank, trust company, financial institution, or other agency to act as Paying Agent/Registrar under this Ordinance. Upon any change in the Paying Agent/Registrar, the previous Paying Agent/Registrar promptly shall transfer and deliver -3- the Registration Books (or a copy thereof), along with all other pertinent books and records relating to the Notes, to the new Paying Agent/Registrar designated and appointed by the Issuer. Upon any change in the Paying Agent/Registrar, the Issuer premptly will cause a written notice thereof to be sent by the new Paying Agent/Registrar to each registered owner of the Notes, by United States mail, first-class postage prepaid, which notice also shall give the address of the new Paying Agent/Registrar. By accepting the position and performing as such, each Paying Agent/Registrar shall be deemed to have agreed to the previsions of this Ordinance, and a certified copy of this Ordinance shall be delivered to each Paying Agent/Registrar. Section 6. FORM OF NOTES. That the form of the Notes, including the form of Paying Agent/Registrar's Authentication Certificate and the form of Assignment shall be, respectively, substantially in the form attached hereto as Exhibit B, with such variations, omissions, or insertions as are apprepriate, permitted or required by this Ordinance including, without limitation, those variations, omissions, or insertions to be completed by an Authorized Representative reflect the terms of the sale of Notes as permitted by Section 2 hereof. Section 7. INTEREST AND SINKING FUND/TAX LEVY. That the Interest and Sinking Fund is hereby created and established solely for the benefit of the Notes, and the Interest and Sinking Fund shall be established and maintained by the Issuer at an official depository bank of the Issuer for so long as the Notes or interest thereon are outstanding and unpaid. The Interest and Sinking Fund shall be kept separate and apart from all other funds and accounts of the Issuer, and shall be used only for paying the interest on and principal of the Notes. Until expended for the purposes set forth in Section 1 hereof, the preceeds derived from the sale of the Notes shall be held as further security for the timely payment of the principal and interest on the Notes All ad valorem taxes levied and collected for and on account of the Notes shall be deposited, as collected, to the credit of the Interest and Sinking Fund. Dudng each year while any of the Notes is outstanding and unpaid, the City Council shall compute and ascertain a rate and amount of ad valorem tax which will be sufficient to raise and preduce the money required to pay the interest on the Notes as such interest comes due, and to previde and maintain a sinking fund of at least two pereent (2%) thereof, in any event in an amount adequate to pay the principal of such Notes as such principal matures; and said tax shall be based on the latest approved tax rolls of said Issuer, with full allowance being made for tax delinquencies and the cost of tax collection. Said rate and amount of ad valorem tax is hereby levied by the governing body of the Issuer, and is hereby ordered to be levied, against all taxable preperty in the Issuer for each year while any of the Notes are outstanding and unpaid; and said tax shall be assessed and collected each such year and deposited to the credit of the aforesaid Interest and Sinking Fund. Said ad valorem taxes sufficient to provide for the payment of the interest on and principal of the Notes as such interest comes due and such principal matures, ara hereby pledged frem the ad valorem taxes of the Issuer for such payment, within the limit prescribed by law. If sufficient ad valorem taxes have not been levied and collected for the purpose of making debt service payments on Notes when due, there shall be apprepdated from the City's general fund moneys sufficient to enable the City to make such debt service payments on a Payment Date including specifically the payment of debt service on the Notes on the first Payment Date therefor. Section 8. CHAPTER 1208, GOVERNMENT CODE, APPLIES TO THE NOTES. Chapter 1208, Texas Government Code, applies to the issuance of the Notes and the pledge of the taxes granted by the Issuer under Section 7 of this Ordinance, and such pledge is therefore valid, effective, and perfected. If Texas law is amended at any time while the Notes are outstanding and unpaid such that the pledge of the taxes granted by the Issuer under Section 8 of this Ordinance is to be subject to the filing requirements of Chapter 9, Business & Commerce Code, then in order to preserve to the registered owners of the Notes the perfection of the security interest in said pledge, the Issuer agrees to take such measures as it determines are reasonable and necessary under Texas law to comply with the applicable provisions of Chapter 9, Business & Commerce Code and enable a filing to perfect the security interest in said pledge to occur. Section 9. REMEDIES OF REGISTERED OWNERS. That in addition to all rights and remedies of any registered owners of the Notes provided by the laws of the State of Texas, the Issuer covenants and agrees that in the event the Issuer defaults in the payment of the principal of or interest on the Notes when due, or fails to make the payments required by this Ordinance to be set forth in this Ordinance, the registered owners of the Notes shall be entitled to a writ of mandamus issued by a court of proper jurisdiction compelling and requiring the City Council and other officers of the Issuer to observe and perform any covenant, obligation or condition prescribed in this Ordinance. No delay or omission by any registered owner to exercise any right or power accruing to him upon default shall impair any such right or power, or shall be construed to be a waiver of any such default or acquiescence therein, and every such right or power may be exercised from time to time and as often as may be deemed expedient. The specific remedies mentioned in this Ordinance shall be available to the registered owners of the Notes and shall be cumulative of all other existing remedies. Section 10. TRANSFERS TO PAYING AGENT. That the Issuer further covenants that on or before each Payment Date, or any redemption date, there shall be transferred to the Paying Agent/Registrar an amount sufficient to pay the principal and interest requirements due on the Notes as they become due and payable. Section 11. USE OF NOTE PROCEEDS. That the proceeds of the issuance of the Notes shall be deposited in a designated account within the Issuer's general fund and used to pay contractual obligations incurred or to be incurred in connection with the purposes described in Section 1 of this Ordinance. Section 12. INVESTMENTS. (a) That the City may place proceeds of the Notes (including investment eamings thereon) in time deposits or invest the same as authorized by law, including, without limitation, the Public Funds Investment Act of 1987, as amended (Chapter 2256, Texas Government Code), and the City's investment policy; provided, however, that the Issuer hereby covenants that the proceeds of the sale of the Notes will be used as soon as practicable for the purposes for which the Notes are issued. -5- (b) Amounts received from the investment ofthe proceeds of the Notes remaining after the payment of all project costs and the retirement of debt service on the Notes, to the extent not required to be deposited to a separate rebate fund as required by section 148 of the Code, shall be placed into the Interest and Sinking Fund and used for the payment of debt service on the Notes. Section 13. SECURITY FOR FUNDS. That all deposits authorized or required by this Ordinance shall be secured to the fullest extent required by law for the security of public funds. Section 14. DUTIES OF OFFICERS OF THE ISSUER. (a) That the Mayor, any Authorized Representative and the City Manager are hereby instructed and directed to do any and all things necessary in reference to the maintenance of the Issuer and to make money available for the payment of the Notes in the manner provided by law. (b) The City Secretary is authorized to execute the certificate to which this Ordinance is attached on behalf of the City. The Mayor, any Authorized Representative and the City Secretary are authorized to do any and all things proper and necessary to carry out the intent of this Ordinance. (c) The City Manager is hereby authorized to have control of the Notes and all necessary records and proceedings pertaining to the Notes pending their delivery to the Purchaser. The City Manager or the designee thereof is directed to ,submit for investigation, examination and approval by the Attorney General of the State of Texas the Notes and the proceedings authorizing their issuance, and to request the registration of the Notes and the proceedings authorizing their issuance by the Comptroller of Public Accounts of the State of Texas. Section 15. FEDERAL TAX COVENANTS. That the Issuer covenants to and with the purchasers of the Notes to comply with the provisions of the Code. The Issuer's covenant to comply with the Code shall include, without limitation, compliance with those provisions of the Code regarding the timing of expenditure of proceeds of the Notes, the restriction on investment yields, the filing of information returns with the Internal Revenue Service, and, if required by the Code, the rebate of excess arbitrage earnings to the United States. Further, the Issuer certifies that based upon all facts and estimates now known or reasonably expected to be in existence on the date the Notes are delivered and paid for, the Issuer expects that the proceeds of the Notes will not be used in a manner that would cause the Notes or any portion of the Notes to be an "arbitrage bond" within the meaning of section 148 of the Code, and the regulations prescribed thereunder. Furthermore, the Mayor and each Authorized Representative is authorized and directed to provide certifications of facts and estimates that are material to the reasonable expectations of the Issuer as of the date the Notes are delivered and paid for. In particular, the Mayor and each Authorized Representative is authorized to certify for the Issuer the facts and circumstances and reasonable expectations of the Issuer on the date the Notes are -6- delivered and paid for regarding the amount and use of the proceeds of the Notes. Moreover, the Issuer covenants to make such use of the proceeds of the Notes, regulate investments of proceeds of the Notes, take such other and further actions and follow such procedures, including, without limitation the method of calculating yield on the Notes, as may be required so that the interest on the Notes shall continue to be excluded from gross income for federal income tax purposes under the Code. The Issuer further covenants that the proceeds of the Notes will not be used directly or indirectly so as to cause all or any part of the Notes to become a "private activity bond" within the meaning of section 141 (a) of the Code. In complying with the provisions of this Section, the Issuer shall be entitled to rely upon an opinion of Bond Counsel. In furtherance thereof, the Issuer covenants as follows: (a) to take any action to assure that no more than ten percent of the proceeds of the Notes (less amounts deposited to a reserve fund, if any) are used for any "private business use," as defined in section 141(b)(6) of the Code or, if more than ten percent of the proceeds are so used, that amounts, whether or not received by the Issuer, with respect to such pdvate business use, do not, under the terms of this Ordinance or any underlying arrangement, directly or indirectly, secure or provide for the payment of more than ten percent of the debt service on the Notes, in contravention of section 141(b)(2) of the Code; (b) to take any action to assure that in the event that the "private business use" described in subsection (a) hereof exceeds five percent of the proceeds of the Notes (less amounts deposited into a reserve fund, if any), then the amount in excess of five percent is used for a "private business use" which is "related" and not "disproportionate," within the meaning of section 141(b)(3) of the Code, to the governmental use; (c) to take any action to assure that no amount which is greater than the lesser of $5,000,000, or five percent of the proceeds of the Notes (less amounts deposited into a reserve fund, if any), is directly or indirectly used to finance loans to persons, other than state or local governmental units, in contravention of section 141 (c) of the Code; (d) to refrain from taking any action which would otherwise result in the Notes being treated as "private activity bonds" within the meaning of section 141 (b) of the Code; (e) to refrain from taking any action that would result in the Notes being '~ederally guaranteed" within the meaning of section 149(b) of the Code; (0 to refrain from using any portion of the proceeds of the Notes, directly or indirectly, to acquire or to replace funds which were used, directly or indirectly, to acquire investment property (as defined in section 148(b)(2) of the Code) which -7- produces a materially higher yield over the term of the Notes, other than investment property acquired with -- (1) proceeds of the Notes invested for a reasonable temporary pedod of three years or less or, in the case of a refunding bond, for a period of 30 days or less until such proceeds are needed for the purpose for which the notes are issued, (2) amounts invested in a bona fide debt service fund, within the meaning of section 1.148-1 (b) of the Treasury Regulations, and (3) amounts deposited in any reasonably required reserve or replacement fund to the extent such amounts do not exceed ten pement of the proceeds of the Notes; (g) to otherwise restrict the use of the proceeds of the Notes or amounts treated as proceeds of the Notes, as may be necessary, so that the Notes do not otherwise contravene the requirements of section 148 of the Code (relating to arbitrage) and, to the extent applicable, section 149(d) of the Code (relating to advance refundings); and (h) to pay to the United States of America at least once during each five- year period (beginning on the date of delivery of the Notes) an amount that is at least equal to 90 percent of the "Excess Earnings" (within the meaning of section 148(0 of the Code) and to pay to the United States of America, not later than 60 days after the Notes have been paid in full, 100 percent of the amount then required to be paid as a result of Excess Earnings under section 148(0 of the Code. In order to facilitate compliance with the above clause (h), a "Rebate Fund" is hereby established by the City for the sole benefit of the United States of America, and such Rebate Fund shall not be subject to the claim of any other person, including without limitation the registered owners of the Bonds. The Rebate Fund is established for the additional purpose of compliance with section 148 of the Code. The Issuer understands that the term "proceeds" includes "disposition proceeds" as defined in the Treasury Regulations and, in the case of refunding bonds, transferred proceeds (if any) and proceeds of the refunded bonds expended prior to the date of the issuance of the Bonds. It is the understanding of the Issuer that the covenants contained herein are intended to assure compliance with the Code and any regulations or rulings promulgated by the U.S. Department of the Treasury pursuant thereto. In the event that regulations or rulings are hereafter promulgated which modify, or expand provisions of the Code, as applicable to the Notes, the Issuer will not be required to comply with any covenant contained herein to the extent that such modification or expansion, in the opinion of Bond Counsel, will not adversely affect the exemption from federal income taxation of interest on the Notes under section 103 of the Code. In the event that regulations or -8- rulings are hereafter promulgated which impose additional requirements which are applicable to the Notes, the Issuer agrees to comply with the additional requirements to the extent necessary, in the opinion of Bond Counsel, to preserve the exemption from federal income taxation of interest on the Notes under section 103 of the Code. Section 16. ALLOCATION OF, AND LIMITATION ON, EXPENDITURES FOR ELIGIBLE PROJECTS. That the City covenants to account for on its books and records the expenditure of proceeds from the sale of the Notes and any investment earnings thereon to be used for the acquisition of Property by allocating proceeds to expenditures within 18 months of the later of the date that (a) the expenditure on Property is made or (b) each item of Property is acquired. The foregoing notwithstanding, the City shall not expend such proceeds or investment earnings more than 60 days after the later of (a) the fifth anniversary of the date of delivery of the Notes or (b) the date the Notes are retired, unless the City obtains an opinion of Bond Counsel substantially to the effect that such expenditure will not adversely affect the tax-exempt status of the Notes. For purposes of this Section, the City shall not be obligated to comply with this covenant if it obtains an opinion of Bond Counsel to the effect that such failure to comply will not adversely affect the excludability for federal income tax purposes from gross income of the interest. Section 17. DISPOSITION OF ELIGIBLE PROJECTS. That the City covenants that any item of Property will not be sold or otherwise disposed in a transaction resulting in the receipt by the City of cash or other compensation, unless the City obtains an opinion of Bond Counsel substantially to the effect that such Sale or other disposition will not adversely affect the tax-exempt status of the Notes. For purposes of this Section, the portion of the property comprising personal property and disposed of in the ordinary course of business shall not be treated as a transaction resulting in the receipt of cash or other compensation. For purposes of this Section, the City shall not be obligated to comply with this covenant if it obtains an opinion of Bond Counsel to the effect that such failure to comply will not adversely affect the excludability for federal income tax purposes from gross income of the interest. Section 18. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED NOTES. (a) Replacement Notes. That in the event any outstanding Note is damaged, mutilated, lost, stolen, or destroyed, the Paying Agent/Registrar shall cause to be printed, executed, and delivered, a new Note of the same principal amount, maturity, and interest rate, as the damaged, mutilated, lost, stolen, or destroyed Note, in replacement for such Note in the manner hereinafter provided. (b) Application for Replacement Notes. Application for replacement of damaged, mutilated, lost, stolen, or destroyed Notes shall be made by the registered owner thereof to the Paying AgentJRegistrar. In every case of loss, theft, or destruction of a Note, the registered owner applying for a replacement Note shall furnish to the Issuer and to the Paying Agent/Registrar such secudty or indemnity as may be required by them to save each of them harmless from any loss or damage with respect thereto. Also, in every case of loss, theft, or destruction of a Note, the registered owner shall furnish to the Issuer and to the Paying Agent/Registrar evidence to their satisfaction of the loss, theft, or destruction -9- of such Note, as the case may be. In every case of damage or mutilation of a Note, the registered owner shall surrender to the Paying Agent/Registrar for cancellation the Note so damaged or mutilated. (c) No Default Occurred. Notwithstanding the foregoing provisions of this Section 18, in the event any such Note shall have matured, and no default has occurred which is then continuing in the payment of the principal of, redemption premium, if any, or interest on such Note, the Issuer may authorize the payment of the same (without surrender thereof except in the case of a damaged or mutilated Note) instead of issuing a replacement Note, provided secudty or indemnity is furnished as above provided in this Section 18. (d) Charge for Issuing Replacement Notes. Prior to the issuance of any replacement Note, the Paying Agent/Registrar shall charge the registered owner of such Note with all legal, printing, and other expenses in connection therewith. Every replacement Note issued pursuant to the provisions of this Section 17 by virtue of the fact that any Note is lost, stolen, or destroyed shall constitute a Note of the Issuer whether or not the lost, stolen, or destroyed Note shall be found at any time, or be enforceable by anyone, and shall be entitled to all the benefits of this Ordinance equally and proportionately with any and all other Notes duly issued under this Ordinance. (e) Authority for Issuing Replacement Notes. In accordance with Subchapter D of Chapter 1201, this Section 18 of this Ordinance shall constitute authority for the issuance of any such replacement Note without necessity of further action by the Issuer or any other body or person, and the duty of the replacement of such Notes is hereby authorized and imposed upon the Paying Agent/Registrar, and the Paying Agent/Registrar shall authenticate and deliver such replacement Notes in the form and manner and with the effect, as provided in Section 5(a) of this Ordinance for Notes issued in conversion and exchange of other Notes. Section 19. CONTINUING DISCLOSURE UNDERTAKING. (a) Annual Reports. That the City shall provide annually to each NRMSIR and any SID, within 180 days after the end of each Fiscal Year ending in or after 2002, financial information and operating data with respect to the City of the general type described in Exhibit C hereto. Any financial statements so to be provided shall be (1) prepared in accordance with the accounting principles described in Exhibit C hereto and (2) audited, if the City commissions an audit of such statements and the audit is completed within the pedod dudng which they must be provided. If audited financial statements are not so provided, then the City shall provide unaudited financial statements when due under the Rule and further shall provide audited financial statements for the applicable Fiscal Year to each NRMSIR and any SID, when and if audited financial statements become available. If the City changes its Fiscal Year, it will notify each NRMSIR and any SID of the change (and of the date of the new Fiscal Year end) prior to the next date by which the City otherwise would be required to provide financial information and operating data pursuant to this Section. -10- The financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any document (including an official statement or other offering document, if it is available from the MSRB) that theretofore has been provided to each NRMSIR and any SID or filed with the SEC. (b) Material Event Notices. The City shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any of the following events with respect to the Notes, if such event is material within the meaning of the federal securities laws: H. J. Principal and interest payment delinquencies; Non-payment related defaults; Unscheduled draws on debt service reserves reflecting financial difficulties; Unscheduled draws on credit enhancements reflecting financial difficulties; Substitution of credit or liquidity providers, or their failure to perform; Adverse tax opinions or events affecting the tax-exempt status of the Notes; Modifications to rights of holders of the Notes; Note calls; Defeasances; Release, substitution, or sale of property securing repayment of the Notes; and Rating changes. The City shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any failure by the City to provide financial information or operating data in accordance with subsection (a) of this Section by the time required thereby. (c) Limitations, Disclaimers, and Amendments. The City shall be obligated to observe and perform the covenants specified in this Section for so long as, but only for so long as, the City remains an "obligated person" with respect to the Notes within the meaning of the Rule, except that the City in any event will give the notice required by subsection (b) of this Section of any Note calls and defeasance that cause the City no longer to be an "obligated person". The provisions of this Section are for the sole benefit of the holders and beneficial owners of the Notes, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The City undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the City's financial results, condition, or prospects or hereby -11- undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The City does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Notes at any future date. UNDER NO CIRCUMSTANCES SHALL THE CiTY BE LIABLE TO THE HOLDER OR BENEFICIAL OWNER OF ANY NOTE OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING iN WHOLE OR IN PART FROM ANY BREACH BY THE CITY, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. No default by the City in observing or per[orming its obligations under this Section shall constitute a breach of or default under this Ordinance for purposes of any other provision of this Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the City under federal and state securities laws. The provisions of this Section may be amended by the City from time to time to adapt to changed cimumstances that arise from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the City, but only if (1) the provisions of this Section, as so amended, would have permitted an underwriter to pumhase or sell Notes in the primary offering of the Notes in compliance with the Rule, taking into account any amendments or interpretations of the Rule to the date of such amendment, as well as such changed circumstances, and (2) either (a) the holders of a majority in aggregate principal amount (or any greater amount required by any other provision of this Ordinance that authorizes such an amendment) of the outstanding Notes consent to such amendment or (b) a person that is unaffiliated with the City (such as nationally recognized bond counsel) determines that such amendment will not materially impair the interests of the holders and beneficial owners of the Notes. If the City so amends the previsions of this Section, it shall include with any amended financial information or operating data next provided in accordance with subsection (a) of this Section an explanation, in narrative form, of the reasons for the amendment and of the impact of any change in the type of financial information or operating data so provided. The City may also amend or repeal the provisions of this continuing disclosure requirement if the SEC amends or repeals the applicable provision of the Rule or a court of final jurisdiction enters judgment that such provisions of the Rule are invalid, but only if and to the extent that the provisions of this sentence would not prevent an underwriter from lawfully purchasing or selling Notes in the primary offering of the Notes. Section 20. DEFEASANCE. (a) Deemed Paid. That the principal of and/or interest on and redemption premium, if any, on any Note shall be deemed to be paid, retired and no longer outstanding within the meaning of this Ordinance, except to the extent provided -12- by subsection (d) of this Section, when payment of the principal of, redemption premium, if any, on such Note, plus interest thereon to the due date thereof (whether such due date be by reason of maturity, upon redemption, or otherwise) either (i) shall have been made or caused to be made in accordance with the terms thereof, or (ii) shall have been provided for by irrevocably depositing with, er making available to, a paying agent (or escrow agent) therefor, in trust and irrevocably set aside exclusively for such payment, (1) money sufficient to make such payment, (2) Defeasance Obligations, as hereinafter defined in this Section, certified by an independent public accounting firm of national reputation, to mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money to make such payment, and all necessary and proper fees, compensation, and expenses of such paying agent pertaining to the Notes with respect to which such deposit is made shall have been paid or the payment thereof provided for to the satisfaction of such paying agent, or (3) any combination of (1) and (2) above, and when (i) any required notice of redemption has been given or irrevocable provisions for the giving of such notice shall have been made and (ii) proper arrangements have been made by the City with each such paying agent for the payment of its services until after all of the Notes so defeased shall have become due and payable. At such time as a Note shall be deemed to be paid hereunder, as aforesaid, it shall no longer be secured by or entitled to the benefit of this Ordinance or a lien on and pledge of the security granted in support of the payment of the Notes, and shall be entitled to payment solely from such money or Defeasance Obligations, and shall not be regarded as outstanding for any purposes other than payment, transfer, and exchange. (b) Retention of Rights. Notwithstanding the provisions of subsection (a), to the extent that, upon the defeasance of any Notes to be paid at maturity, the City retains the right, pursuant to Section 1207.033(c), Texas Government Code, to later call such Notes for redemption in accordance with the provisions thereof, the City may call such Notes for redemption upon (1) in the proceedings providing for the defeasance of Notes, the City expressly reserves the dght to call Notes for redemption, (2) the City giving notice of the reservation of that dght to the owners of such Notes immediately following the establishment of the defeasance escrow, and (3) the City directing that notice of the reservation be included in any redemption notices that it may authorize, and upon satisfaction of the provisions of subsection (a) with respect to such Notes as though such Notes were being defeased at the time of the exercise of the option to redeem such Notes and the effect of the redemption is taken into account in determining the sufficiency of the provisions made for the payment of such Notes. (c) Investments. Any escrow agreement or other instrument entered into by the City and a paying agent pursuant to which the money and/or Defeasance Obligations are being held by such paying agent for the payment of such Notes may contain provisions permitting the investment or reinvestment of such moneys in Defeasance Obligations or the substitution of other Defeasance Obligations upon the satisfaction of the requirements specified in subsection (a)(i) or (ii). All income from all Defeasance Obligations in the hands of the paying agent pursuant to this Section which is not required for the payment of the Notes, the redemption premium, if any, and interest thereon, with respect to which such money has been so deposited, shall be remitted to the City, or deposited as directed -13- in writing by the City, and upon receipt of an opinion of bond counsel that such transfer is permitted under state law. (d) Federal Income Tax Consideration. The City covenants that no deposit will be made or accepted under subsection (a)(ii) of this Section and no use made of any such deposit which would cause such Notes to be treated as arbitrage bonds within the meaning of section 148 of the Code. (e) Defeasance Obligations. For the purpose of this Section, the term "Defeasance Obligations" shall mean (i) direct, noncallabie obligations of the United States of America, including obligations that are unconditionally guaranteed by the United States of America, (ii) noncallable obligations of an agency or instrumentality of the United States of America, including obligations that are uncenditionaliy guaranteed or insured by the agency or instrumentality and that, on the date the City adopts or approves proceedings authorizing the issuance of refunding bonds or, if such defeasance is not in connection with the issuance of refunding bonds, on the date the City provides for the funding of an escrow to effect the defeasance of the Notes, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent, and (iii) noncallable obligations of a state or an agency or a county, municipality, or other political subdivision of a state that have been refunded and that, on the date the City adopts or approves proceedings authorizing the issuance of refunding bonds or, if such defeasance is not in connection with the issuance of refunding bonds, on the date the City provides for the funding of an escrow to effect the defeasance of the Notes, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent. (f) Continuing Duty of Paying Agent/Registrar. Until ail Notes defeased under this Section of this Ordinance shall become due and payable, the Paying AgentJRegistrar for such Notes shall perform the services of Paying AgentJRegistrar for such Notes the same as if they had not been defeased, and the City shall make proper arrangements to provide and pay for such services. Section 21. SALE OF NOTES. That the sale of the Notes to Zions First National Bank (the "Purchaser"), at a price of par, is hereby authorized, ratified and confirmed. One Note in the principal amount maturing on each maturity date as set forth in Section 2 hereof shall be delivered to the Purchaser, and the Purchaser shall have the right to exchange such Notes as provided in Section 5 hereof without cost. Section 22. TERMS INCORPORATED. That the terms defined in Exhibit A attached hereto are hereby incorporated by reference. Section 23. MISCELLANEOUS PROVISIONS. (a) Preamble. The preamble to this Ordinance shall be considered an integral part of this Ordinance, and is herein incorporated as part of the body of this Ordinance for all purposes. (b) Immediate Effect. This Ordinance shall be effective immediately from and after its passage in accordance with the previsions of Section 1201.028, Texas Government -14- Code. (c) Open Meeting. It is hereby officially found and determined that the meeting at which this Ordinance was passed was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code, as amended. (d) Rules of Construction. The words "herein", "hereof' and "hereunder" and other words of similar import refer to this Ordinance as a whole and not to any particular Section or other subdivision. Except where the context otherwise requires, terms defined in this Ordinance to impart the singular number shall be considered to include the plural number and vice versa. References to any named person means that party and its successors and assigns. References to any constitutional, statutory or regulatory provision means such provision as it exists on the date this Ordinance is adopted by the City and any future amendments thereto or successor provisions thereof. Any reference to the payment of principal in this Ordinance shall be deemed to include the payment of any mandatory sinking fund redemption payments as may be described herein. Any reference to FORM OF NOTE shall refer to the form attached to this Ordinance as Exhibit B. (e) Inconsistent Provisions. All orders and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed and declared to be inapplicable, and the provisions of this Ordinance shall be and remain controlling as to the matters prescribed herein. SIGNED AND SEALED THIS 26TM DAY OF MARCH, 2002. Mayor, City of Corpus Christi, Texas City Secretary APPROVED: (SEAL) -15- City Attorney -16- EXHIBIT A "Chapter 1201" shall mean Chapter 1201, Texas Government Code. "Chapter 1431" shall mean Chapter 1431, Texas Government Code. "Authorized Denomination" shall mean Notes in the denomination of $5,000 or any integral multiple thereof. "Authorized Representative" shall mean one or more of the following officers or employees of the City, acting in concert or individually, to-wit: the City Manager, any Assistant City Manager, or such other officer or employee of the City designated in writing by the City Council to act as an Authorized Representative. "Bond Counsel" shall mean McCall, Parkhurst & Horton L.L.P., or such other attorney or firm of attomeys of such are nationally recognized as having expertise in the practice of tax-exempt municipal finance law as approved by the City. "City" or "Issuer" shall mean the City of Corpus Christi, Texas. "City Council" shall mean the City Council of the Issuer, its governing body. "Code" shall mean the Internal Revenue Code of 1986, as amended. "Fiscal Year" shall mean the twelve-month pedod ending July 31, or any consecutive twelve-month period declared by the City to be its fiscal year. "Interest and Sinking Fund" shall mean the "City of Corpus Christi, Texas Anticipation Notes Sedes 2002 Interest and Sinking Fund" established by this Ordinance. "MSRB" shall mean the Municipal Securities Rulemaking Board. "Notes" shall mean the "City of Corpus Christi, Texas, Anticipation Notes, Series 2002", issued in the aggregate principal amount of $1,300,000. The term "Notes" shall mean and include the Notes initially issued and delivered pursuant to this Ordinance (including the Initial Notes) and all substitute Notes exchanged therefor, as well as all other substitute Notes and replacement Notes issued pursuant to the Ordinance, and the term "Note" shall mean any of the Notes. "NRMSIR" shall mean each person whom the SEC or its staff has determined to be a nationally recognized municipal securities information repository within the meaning of the Rule from time to time. "Ordinance" shall mean the Ordinance adopted by the Issuer authorizing the issuance of the Notes. A-1 "Paying Agent/Registrar" shall mean JPMorgan Chase Bank. "Payment Date" shall mean each date interest or principal on the Notes shall be due and payable. "Purchase Agreement" shall mean the Note Purchase Agreement between the City and the Purchaser, executed in connection with the sale and delivery of the Notes. "Registration Books" shall mean the books or records for the registration of the transfer and exchange of the Notes. "Rule" shall mean SEC Rule 15c2-12, as amended from time to time. "SEC" shall mean the United States Securities and Exchange Commission. "SID" shall mean any person designated by the State or an authorized department, officer, or agency thereof as, and determined by the SEC or its staff to be, a state information depository within the meaning of the Rule from time to time. "State" shall mean the State of Texas. ^-2 EXHIBIT B FORM OF NOTE NO. R- UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF NUECES CITY OF CORPUS CHRISTI, TEXAS ANTICIPATION NOTE, SERIES 2002 PRINCIPAL AMOUNT $ INTEREST RATE DATE OF MATURITY INITIAL DELIVERY DATE CUSIP NO. REGISTERED OWNER: PRINCIPAL AMOUNT: DOLLARS ON THE MATURITY DATE specified above, the CITY OF CORPUS CHRISTI, TEXAS, in Nueces County, Texas (the "Issuer"), being a political subdivision of the State of Texas, hereby promises to pay to the Registered Owner set forth above, or registered assigns (hereinafter called the "registered owner") the principal amount set forth above and interest thereon from the Date of Initial Delivery of this Note as set forth above, on September 1, 2002 and on each March 1 and September 1 thereafter to the maturity date specified above, or the date fixed for redemption, at the interest rate per annum specified above; except that if the Paying Agent/Registrar's Authentication Certificate appearing on the face of this Note is dated later than September 1, 2002, such interest is payable on each March 1 and September 1 following such date. THE PRINCIPAL OF AND INTEREST ON this Note are payable in lawful money of the United States of Amedca, without exchange or collection charges. The principal of this Note shall be paid to the registered owner hereof upon presentation and surrender of this Note at maturity or the date fixed for redemption prior to maturity at the designated corporate trust office in Dallas, Texas of JPMorgan Chase Bank, which is the "Paying Agent/Registrar" for this Note. The payment of interest on this Note shall be made by the Paying Agent/Registrar to the registered owner hereof on each interest payment date by check or draft, dated as of such interest payment date, drawn by the Paying Agent/Registrar on, and payable solely from, funds of the Issuer required by the Ordinance B-1 authorizing the issuance of this Note (the "Ordinance") to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided; and such check or draft shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, on each such interest payment date, to the registered owner hereof, at its address as it appeared on the fifteenth day of the month next preceding each such date (the "Record Date") on the Registration Books kept by the Paying Agent/Registrar, as hereinafter described. Any accrued interest due at matudty shall be paid to the registered owner upon presentation and surrender of this Note for payment at the designated corporate trust office of the Paying Agent/Registrar. IN THE EVENT of a non-payment of interest on a scheduled payment date, and for 30 days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the Issuer. Notice of the Special Record Date and of the scheduled payment date of the past due interest ("Special Payment Date", which shall be 15 days after the Special Record Date) shall be sent at least five business days pdor to the Special Record Date by United States mail, first class postage prepaid, to the address of each registered owner appearing on the registration books of the Paying Agent/Registrar at the close of business on the last business day next preceding the date of mailing of such notice. IF THE DATE for the payment of the principal of or interest on this Note shall be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the City where the designated corporate trust office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. THE ISSUER COVENANTS with the registered owner of this Note that on or before the principal and interest payment date for this Note it will make available to the Paying Agent/Registrar, from the "Interest and Sinking Fund" created by the Ordinance, the amounts required to provide for the payment, in immediately available funds, of all principal of and interest on the Notes, when due. THIS NOTE, dated as of April 1,2002, is one of the series of notes authorized by the Ordinance to be issued in the aggregate principal amount of $1,300,000. This Note, and the series of which it is a part, is authorized pursuant to Chapter 1431, Texas Government Code ("Chapter 1431"), and issued for the purpose of PAYING CONTRACTUAL OBLIGATIONS INCURRED OR TO BE INCURRED FOR THE CONSTRUCTION OF A PUBLIC WORK AND THE PURCHASE OF MATERIALS, SUPPLIES, EQUIPMENT AND MACHINERY IN CONNECTION THEREWITH. This Note and the series of which it is a part is issued pursuant to the Ordinance passed and adopted bythe City Council of the Issuer and duly recorded in the minutes of said City Council, as authorized by the Constitution and laws of the State of Texas, including Chapter 1431. B-2 ON ANY DATE, the Notes of this Series may be redeemed pdor to their scheduled maturities, at the option of the Issuer, with funds derived from any available and lawful source, as a whole, or in part (provided that a portion of a Note may be redeemed only in an integral multiple of $5,000), at the redemption price indicated below (expressed as a percentage of par value) plus accrued interest to the date fixed for redemption, to-wit: Redemption Period Redemption Price (%) Date of Initial Delivery through February 28, 2005 March 1,2005 through February 28, 2006 March 1,2006 through February 28, 2007 March 1,2007 and thereafter 101.00 100.66 100.33 100.00 The years of maturity of the Notes called for redemption at the option of the Issuer prior to stated matudty shall be selected by the Issuer. The Notes or portions thereof redeemed within a matudty shall be selected at random and by lot by the Paying Agent/Registrar; provided, that dudng any period in which ownership of the Notes is determined only by a book entry at a securities depository for the Notes, if fewer than all of the Notes of the same matudty and beadng the same interest rate are to be redeemed, the particular Notes of such maturity and beadng such interest rate shall be selected in accordance with the arrangements between the Issuer and the securities depository. AT LEAST 30 days prior to the date fixed for any such redemption, a written notice of such redemption shall be given to the registered owner of each Note or a portion thereof being called for redemption by depositing such notice in the United States mail, first-class postage prepaid, addressed to each such registered owner at his address shown on the Registration Books of the Paying Agent/Registrar. By the date fixed for any such redemption due provision shall be made by the Issuer with the Paying Agent/Registrar for the payment of the required redemption price for this Note or the portion hereof which is to be so redeemed, plus accrued interest thereon to the date fixed for redemption. If such notice of redemption is mailed, and if due provision for such payment is made, all as provided above, this Note, or the portion hereof which is to be so redeemed, thereby auto, matically shall be redeemed prior to its scheduled maturity, and shall not bear interest after the date fixed for its redemption, and shall not be regarded as being outstanding except for the right of the registered owner to receive the redemption price plus accrued interest to the date fixed for redemption from the Paying Agent/Registrar out of the funds provided for such payment. The Paying Agent/Registrar shall record in the Registration Books all such redemptions of principal of this Note or any portion hereof. If a portion of any Note shall be redeemed a substitute Note or Notes having the same maturity date, bearing interest at the same rate, in any denomination or denominations in any integral multiple of $5,000, at the wdttert request of the registered owner, and in aggregate principal amount equal to the unredeemed portion thereof, will be issued to the registered owner upon the surrender thereof for cancellation, at the expense of the Issuer, all as provided in the Ordi- nance. B-3 ALL NOTES OF THIS SERIES are issuable solely as fully registered Notes, without interest coupons, in the denomination of any integral multiple of $5,000 (an "Authorized Denomination"). As provided in the Ordinance, this Note may, at the request of the registered owner or the assignee or assignees hereof, be assigned transferred, converted into and exchanged for a like aggregate principal amount of fully registered Notes, without interest coupons, payable to the appropriate registered owner, assignee or assignees, as the case may be, having the same denomination or denominations in any Authorized Denomination as requested in writing by the appropriate registered owner, assignee or assignees, as the case may be, upon surrender of this Note to the Paying Agent/Registrar for cancellation, all in accordance with the form and procedures set forth in the Ordinance. Among other requirements for such assignment and transfer, this Note must be presented and surrendered to the Paying Agent/Registrar, together with the proper instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing assignment of this Note or any portion or portions hereof in any Authorized Denomination to the assignee or assignees in whose name or names this Note or any such portion or portions hereof is or are to be registered. The form of Assignment printed or endorsed on this Note may be executed by the registered owner to evidence the assignment hereof, but such method is not exclusive, and other instruments of assignment satisfactory to the Paying Agent/Registrar may be used to evidence the assignment of this Note or any portion or portions hereof from time to time by the registered owner. In the case of the assignment, transfer, conversion or exchange of a Note or Notes or any portion or portions thereof, the reasonable standard or customary fees and charges of the Paying Agent/Registrar will be paid by the Issuer. In any circumstance, any taxes or governmental charges required to be paid with respect thereto shall be paid by the one requesting such assignment, transfer, conversion or exchange, as a condition precedent to the exercise of such privilege. The Paying Agent/Registrar shall not be required (i) to make any such transfer, conversion or exchange during the period beginning at the opening of business 30 days before the day of the first mailing of a notice of redemption and ending at the close of business on the day of such mailing, or (ii) to transfer, convert or exchange any Notes so selected for redemption scheduled to occur within 30 calendar days; provided, however, such limitation of transfer shall not be applicable to an exchange by the registered owner of an unredeemed balance of a Note called for redemption in part. IN THE EVENT any Paying Agent/Registrar for the Notes is changed by the Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Ordinance that it promptly will appoint a competent and legally qualified substitute therefor, and cause written notice thereof to be mailed to the registered owners of the Notes. IT IS HEREBY CERTIFIED AND REPRESENTED that this Note has been duly and validly authorized, issued and delivered; that all acts, conditions and things required or proper to be performed, exist and be done precedent to or in the authorization, issuance and delivery of this Note have been performed, existed and been done in accordance with law; that this Note constitutes an obligation of said Issuer; and that annual ad valorem B-4 taxes sufficient to provide for the payment of the interest on and principal of this Note, as such interest comes due and such principal matures, have been levied and ordered to be levied against all taxable property in said Issuer, and have been pledged from the Issuer's annual ad valorem tax for such payment, within the limits prescribed by law. Reference is made to the Ordinance for a more complete description of the Issuer's obligation to provide for the payment of the principal of and interest on the Notes. By acceptance of this Note, the registered owner expressly assents to all provisions of the Ordinance. IN WITNESS WHEREOF, the Issuer has caused this Note to be signed with the manual or facsimile signature of the Mayor of said City, and attested with the manual or facsimile signature of the City Secretary and the official seal of the Issuer has been duly affixed to, or impressed, or placed in facsimile, on this Note. (signature~ City Secretary City of Corpus Christi, Texas (signature) Mayor, City of Corpus Christi, Texas (SEAL) B-5 FORM OF ASSlGNMENT ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto Please insert Social Security or Taxpayer Identification Number of Transferee (Please print or typewrite name and address, including zip code of Transferee) the within Note and all dghts thereunder, and hereby irrevocably constitutes and appoints , attorney, to register the transfer of the within Note on the books kept for registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a member firm of the New York Stock Exchange or a commercial bank or trust company. NOTICE: The signature above must correspond with the name of the registered owner as it appears upon the front of this Note in every particular, with- out alteration or enlargement or any change whatsoever. B~6 FORM OF PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATF PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE It is hereby certified that this Note has been issued under the provisions of the Ordinance described in the text of this Note; that this Note has been duly authenticated; and that this Note has been issued in exchange for or replacement of a note, notes, or a portion of a note or notes of an issue, the proceedings pursuant to which such issue was authorized were approved by the Attorney General of the State of Texas. Dated: JPMORGAN CHASE BANK Dallas, Texas Paying Agent/Registrar By Authorized Representative FORM OF COMPTROLLER'S REGISTRATION CERTIFICATE' (only to accompany the Initial Notes to be delivered at closing to the purchaser thereof) OFFICE OF COMPTROLLER STATE OF TEXAS REGISTER NO. I thereby certify that this Note has been examined, certified as to validity, and approved by the Attorney General of the State of Texas and that this Note has been registered by the Comptroller of Public Accounts of the State of Texas. Witness my signature and seal this Comptroller of Public Accounts of the State of Texas (SEAL) B-7 Exhibit C to Ordinance DESCRIPTION OF ANNUAL FINANCIAL INFORMATION The following information is referred to in Section 14 of this Ordinance. Annual Financial Statements and Operating Data The financial information and operating data with respect to the City to be provided annually in accordance with such Section are as specified below: The information described in the tables "Debt Payable from Taxes", "General Fund Revenues", "General Expenses", "Ad Valorem Taxes", "Municipal Hotel Occupancy Taxes", "Solid Waste Operations", and "The Tax Increment Financing Act"; and The "Combined Financial Statements of the City of Corpus Christi, Texas", commencing with the Fiscal Year ended July 31, 2001. Accounting Principles The accounting principles referred to in such Section are the accounting principles described in the notes to the financial statements referred to in paragraph 1 described above, as such principles may be changed from time to time to comply with state law or regulation. C-1 THE STATE OF TEXAS COUNTIES OF NUECES AND SAN PATRICIO CITY OF CORPUS CHRISTI I, Armando Chapa, City Secretary of the City of Corpus Christi, in the State of Texas, do hereby cedify that I have compared the attached and foregoing excerpt from the minutes of the regular, open, public meeting of the City Council of the City of Corpus Chdsti, Texas held on March 26, 2002, and of Ordinance No. which was duly passed at said meeting, and that said copy is a true and correct copy of said excerpt and the whole of said ordinance. In testimony whereof, I have set my hand. and have hereunto affixed the seal of said City of Corpus Christi, this 26th day of March, 2002. (SEAL) City Secretary of the City of Corpus Chdsti, Texas FINANCIAL INFORMATION DEBT PAYABLE FROM TAXES Bonded Debt The table below shows the amount of direct tax supported debt of the City as of July 31, 2001. 2000 Assessed Valuation (100% of Market Value) Less: Exemptions Taxable Assessed Valuation (1) General Improvement Bonds Outstanding (2) Combination Tax and Revenue Certificates of Obligation Outstanding (2) Total Indebtedness Payable fi.om Taxes Less: Self-Supporting Debt (3) Applicable Interest & Sinking Funds (4) Net Indebtedness Payable from Taxes $43,193,373 9.087,310 Ratio Total Debt to 2000 Net Taxable Assessed Valuation Ratio Net Debt to 2000 Net Taxable Assessed Valuation 2001 Estimated City Population Total Debt Per Capita Net Debt Per Capita $9,018,221,819 1.366.164,416 $139,646,532 34.715.000 $174,361,532 2.28% 1.60% 280,228 $622 $436 See foomotes on following page (The remainder of this page intentionally left blank) (2) O) (4) (1) Pursuant to authority permitted by Section l-b, Article VIII of the State Constitution, the City has granted an exemption of $50,000 of market valuation to the residence homestead of property owners over 65 years of age and an exemption of $50,000 of market valuation for disabled property owners. Also, the legislature, pursuant to a constitutional amendment and Section 11.22 of the Property Tax Code, mandated an additional property tax exemption for disabled veterans of the surviving spouse or children of a deceased veteran who died while on active duty in the armed forces. The exemption from taxation applies to either real or personal property with the amount of assessed valuation exempted ranging from $1,500 to $3,000, depending on the amount of disability or whether the exemption is applicable to surviving spouse or children. Starting in tax year 1996, the exemption increased in range from $5,000 to $12,000 of assessed value. Additionally, State law provides that an eligible owner of agricultural land or timberland may apply to have such property appraised on the basis of productivity value or on the basis of market value, whichever is less. A 1981 constitUtional amendment provides local governments the option of granting homestead exemptions of up to 30% of market value for the 1985 through 1987 tax years, and up to 20% of market value thereafter. Minimum exemption is $5,000. For the tax years 1982 through 1999, the City has granted a homestead exemption of 10% of market value or $5,000, whichever is greater. · · The consatutloual amendment further provides that taxes may continue to be levied against the value of the homestead exemption where ad valorem taxes have been previonsly bP~edged for the payment of debt, if cessation of the levy would impair the obligation of the contract which the debt was created. The appraisal of property within the City is the responsibility of the Nueces County Appraisal District (the 'Appraisal Distric0. The Appraisal District is required under the Property Tax Code to assess ali property within the Appraisal District on the basis of 100% of its value and is prohibited from applying any assessment ratios. The value placed upon property within the Appraisal District is subject to review by the Appraisal Review Board, consisting of seven members appointed by the Board of Directors of the Appraisal District. The Appraisal District is required to reappraise the value of property within the Appraisal District every three years. The last such review was made as of Jamsary 1, 1999. The City is entitled to challenge the determination of appraised value of property by category within the City by petition fried with the Appraisal Review Board. Direct debt includes $24,681,205 in accreted interest on Capital Appreciation Bonds. To cominue to maintain this debt as self-supporting, transfers have been made from the Tourist and Convention revenues and Airport Parking and Aquarium revenues, Tax Increment Fund, Municipal Hotel Occupancy Taxes, Marina, Golf Centers, Storm Water, and Solid Waste in amounts sufficient to pay both principal and interest on the self-supporting debt. The Total Imerest & Sinking Fund balance as of July 31, 2001 is $12,079,370, 24.77%, or $2,992,060, applies to self-supporting debt. The balance of the Interest & Sinking Fund applicable to tax supported debt is $9,087,310. GENERAL REVENUES Major Sources of Revenues The Cltys General revenues are derived from property taxes, a sales tax, franchise taxes, fines and penalties, licenses and permits, various service charges, and miscellaneous other sources. The foltovdng table reflects information on the City's general governmental revenues. Comparison of General Revenues by Source (1) Property Taxes 1991-92 $39,077,033 1992-93 $39,911,174 1993-94 $41,562,708 1994-95 1995-96 1996-97 1997-98 1998-99 1999-2000 2000-2001 Sales Tax Hotel Tax 21,267,621 23,090,083 25,159,200 $42,307,243 25,434,254 $44,118,336 26,262,785 $48,291,023 27,152,489 $48,698,976 28,732,516 $49,877,349 29,641,048 $51,511,700 $52,555,675 Business Taxes 3,878,304 10,135,616 3,924,368 10,770,149 4,010,832 4,242,907 4,539,397 4,645,400 4,921,708 5,086,016 30,590,459 6,714,211 32,051,919 6,471,438 Other Taxes 1,474,628 1,411,484 11,234,017 1,654,667 10,974,808 1,718,018 11,513,742 11,841,084 13,932,710 14,596,050 15,150,930 17,895,243 Licenses and Permits Grants 1,020,105 1,198,661 1,400,378 1,417,887 1,732,578 1,660,207 1,687,671 1,584,765 11683,819 1,977,658 1,697,240 1,696,560 1,839,590 Municipal Court Fines 6,508,119 1,901,902 7,647,707 1,959,998 10,588,247 9,232,427 10,168,925 11,572,015 11,818,855 1,749,314 15,423,484 1,991,569 14,304,154 1,701,743 15,689,285 Charges for Services Interest 17,090,179 18,794,126 1,976,032 21,411,787 1,894,966 22,661,710 2,081,359 24,753,655 2,138,761 25,163,103 3,057,726 26,967,670 2,836,311 27,430,528 3,238,230 4,011,734 Miscellaneous Revenues 2,039,365 2,250,914 1,598,961 2,292,953 1,076,537 1,447,285 1,405,873 1,436,688 1,035,950 1,031,049 26,730,334 1,194,716 25,635,388 1,456,841 2,459,179 2,810,827 4,040,577 _ 3,611,391 4,069,405 5,694,327 6,634,096 6,068,290 TSI $106,643,786 $112,599,664 $122,533,584 $124,142,332 $133,277,434 $139,124,390 $148,896,993 $155, ,718 $159,756,959 85,377,146 $1 (1) These selected revenues are not all inclusive, but Include major revenues from the General Fund, Special Funds, and Debt Service Fund. (The remainder of this page Intentionally left blank) GENERAL EXPENSES (1) Comparison of General Expenditures by Functions (1) The data in this table is abstracted from the financial statements of General, Special Revenue and Debt Service funds and presented for historical comparative purposes and is not to be considered all inclusive. (2) Public Ssfery includes expenditures for Poll., Pim, Civil Defense, Traffic Engineering and Inspections. (3) Community Enrichment includes upenditum for wlmml and convention facilities, parks, recreation, marina Bayfront Science Park, Corpus Christi Museam and An Museum maintenance. (The remainder of this page intentionally left blank) 1991-92 1992-93 1993.94 1994.95 1995-1996 1996-1997 1997-1998 1998-1999 1999-2000 2000.2001 General Government Public Safety(2) $ 15,709,851 39,144,974 $ 14,661,934 $ 15,939,596 $ 17,466,696 $ 19,334,038 $ 17,874,397 $ 17,877,632 $ 18,193,891 $ 18,499,525 $ Streets 7,394,858 39,506,431 7,781,902 41,892,222 8,456,493 49,872,120 53,273,002 54,624,041 59,007,585 64,384,420 64,623,972 16,680,997 64,371,854 Solid Waste 8,063,738 8,211,712 10,365,231 10,230,801 13,623,501 8,655,102 12,760,859 8,894,029 9,323,629 9,047,340 9,671,249 9,137,705 Health Capita Projects 3,062,860 3,070,527 3,544,077 4,363,346 4,416,459 12,011,743 4,560,941 10,994,641 4,750,080 12,593,994 4,960,960 13,645,632 12,721,571 Community Enrichment (3) 1,065,179 18,097,645 1,573,201 17,953,961 2,393,515 2,775,536 2,553,714 2,365,654 2,345,105 3,301,151 4,895,092 2,826,102 4,460,371 1,557,766 Debt Service 15,149,588 15,939,092 18,198,216 16,156,615 19,347,993 18,450,796 20,413,884 21,937,485 25,942,251 27,413,609 27,358,068 29,743,311 Miscellaneous 742,354 519,140 1,242,144 1,073,966 18,981,100 1,743,797 21,866,065 1,885,414 21,930,845 22,807,168 22,613,227 22,764,327 809,048 1,252,864 2,102,189 2,706,043 Total $ 108,430,997 $109217900 $ I18a 18 $ 13� $ 142 $ 146,®769 $ 152 $ 163 $ 166,235,056 � $ 164,143,945 (1) The data in this table is abstracted from the financial statements of General, Special Revenue and Debt Service funds and presented for historical comparative purposes and is not to be considered all inclusive. (2) Public Ssfery includes expenditures for Poll., Pim, Civil Defense, Traffic Engineering and Inspections. (3) Community Enrichment includes upenditum for wlmml and convention facilities, parks, recreation, marina Bayfront Science Park, Corpus Christi Museam and An Museum maintenance. (The remainder of this page intentionally left blank) AD VALOREM TAXES Subject to certain exemptions, the property tax is imposed on real and personal property situated in the City. In add fion to exemptions discussed below, principal catagodes of exempt property include propeA'y owned by the State of Texas or its political subdivisions if the property is used for public purposes; property exempt from ad valorem taxation by federal law;, certain household goods, family supplies, and personal effects; farm products owned by producers; certain property associated with charitable organizations, use and development associations, religious organizations, and qualified schools; designated historic sites; solar and wind powered energy devices; and most individually owned automobiles. In addition, owners of agriculture and open space land, under certain circumstances, may request valuation of such land on the basis of productive capacity rather than market value. Exemptions - Over 65 and Disabled Pursuant to provisions of the Texas Constitution, the City may exempt an amount from the assessed valuation on the homesteads of persons 65 years of age or alder and certain disabled persons to the extent approved by the ~ Council (and must grant an exemption to the extent voted by the majority of the City's voters at an election called upona petition of 20% of the number of voters voting in the City's most recent election.) Disabled Veterans Exemptions Beginning with the tax year 1976, under provision of the Texas Constitution, the City must grant an exemption ranging from $1,500 to $3,000 of assessed value of residential homesteads or personal property of disabled veterans who file .for the exemption based on a formula of the percent of disability claimed. Starting in tax year 1996, the exemption tncreased in range fi'om $5,000 to $12,000 of assessed value. Exemption - Local Option Under provisions of a ConsfiaJfional Amendment, the City has the option of granting homestead exemption of up to 20% of market value. Minimum exemption is $5,000. For the years beginning ~ 1982, the City has g ranted 10% of market value or $5,000 exemptions, whichever is greater. Assessed Valuations The Nueces County Appraisal District provided the City with a certified appraisal roll on July 25, 2001, for tax year 2001. The following table sets forth a comparison of the total net taxable property assessed valuation as of January 1 for the past ten years: Real Property Personal Property Basis of Net Taxable Net Taxable Tax Assess- Assessed Estimated Assessed Estimated Year ment Value (1) Market Value Value (1) Market Value Total Percentage Net Taxable of Assessed Estimated Value (1) Market Value 1992 100% $5,342,222,602 $6,459,587,820 $651,180,977 $653,588,105 1993 100% $5,993,403,579 $7,113,175,925 5,354,787,770 6,486,400,528 672,415,818 674,868,884 1994 100% 5,490,304,236 6,578,813,100 740,334,009 743,014,305 6,027,203,588 7,161,269,412 1995 100% 5,618,522,495 6,751,274,958 846,205,463 849,697,185 1996 6,230,638,245 7,321,827,405 6,464,727,958 7,600,972,143 100% 5,901,861,186 7,057,072,731 843,698,758 847,607,501 1997 100% 6,100,991,061 7,295,181,367 6,745,559,944 7,904,680,232 864,907,875 880,465,825 1998 100% 6,355,721,067 7,591,733,133 870,324,797 885,989,925 1999 6,965,898,936 8,175,647,192 7,226,045,864 8,477,723,058 100% 6,549,804,068 7,829,632,259 912,781,136 922,955,223 2000 100% 6,722,202,669 8,077,929,844 929,854,734 940,291,975 7,462,585,204 8,752,587,482 2001 100% 7,019,540,276 8,435,234,205 1,009,784,779 1,033,337,024 7,652,057,403 9,018,221,819 8,029,325,055 9,468,571,229 (1) Amounts shown are net taxable assessed values after the following deductions: residential homestead exemptions including exemptions granted to persons disabled and/or 65 years of age and older, exemptions granted to disabled ami deceased veterans; productivity value loss; tax abatements; and agricultural use. their survivors based upon a percentage of type of disability with Exemptions are granted to disabled veterans or a minimum exemption. of $1,500 and a maximum exemption of $3,000. increased to a new range: from a minimum of $5,000 to a maximum of $12,000 of starting In fiscal year 1996-97, these exemptions assessed value. Mobile homes, while classified as personal property, may be residential homesteads. (2) Under the provisions of a Constitutional Amendment the City has the option of granting homestead exemption of up to 20% of market value. Minimum exemption is $5,000. since tax year 1982, the City has granted a homestead exemption of 10% of market value or $5,000, whichever Is greater. (The remainder of this page intentionally left blank) Increase (Decrease) (1.3%) 0.7% 2.2% 3.8% 4.3% 3.4% 3.7% 3.2% 3.0% 5.0% Exemptions - Over 66 and Disabled Over 65 Exemptions Tax Assessed Value Number of Year Exemption (1) Exemptions 1992 $50.000 13.522 1993 50,000 13,990 1994 50,000 14,222 1995 50,000 14,554 1996 50,000 15,005 1997 50,000 15,226 1998 50,000 15,638 1999 50,000 16,004 2000 50,000 16,255 2001 50,000 16,458 Disabled Taxpayers Exemptions Tax Assessed Value Number of Year Exemption (1) Exemptions 1992 $50,000 1.669 1993 50,000 1.815 1994 50.000 1.954 1995 50.000 2,121 1996 50.000 2.245 1997 50.000 2.349 1998 50.000 2.447 1999 50.000 2.535 2000 50.000 2.652 2001 50.000 2.765 Disabled Veterans Exemptions Tax Assessed Value Number of Assessed Value Average of Exemptions Value $476,072~92 $35.207 492,911.311 35.233 506.807.634 35.544 521.688.068 35.845 545.861,694 36.379 564.755.315 37.092 619.239.686 39.598 638,786.100 39,789 668.199.827 41.107 684.880.475 41.614 Assessed Value Average of Exemptions Value $52,479,249 $31,444 56,145,954 30,934 60,202,995 30,810 65,714,888 30,983 70,134,759 31,240 75.885.762 32,306 87.787.881 35.876 93,292,702 36,802 101.418.975 38,242 108.303,281 39,169 Assessed Value Average Year Exemption (1) Exemptions 1992 (2) 1,818 $2,686,802 1993 (2) 1,831 2,674,509 1994 (2) 1,821 2,680,310 1995 (2) 1,874 2,832,533 1996 (3) 1,938 10,464,156 1997 (3) 1,982 11,134,924 1998 (3) 1.998 18,245.383 1999 (3) 2.061 19.024.837 2000 (3) 2.092 19.290.426 2001 (3) 2,143 19.814,977 of Exemptions Value $1.478 1.461 1.472 1.511 5,399 5.618 9.132 9,231 9,221 9,246 Exemption - Local Option Tax Assessed Value Number of Ass~sed Value Year Exemption (1) Exemptions of Exemptions 1992 (4) 45.704 $306.92~?~8 1993 (4) 48.181 325.945.849 1994 (4) 48.727 337.611.117 1995 (4) 49.166 351.659.331 1996 (4) 49.832 366.398.420 1997 (4) 50.526 380.325,533 1998 (4) 51.455 343.729.290 1999 (4) 52.513 366.149.406 2000 (4) 54.333 392.740.809 Average Value $6.7t5 6,765 6.929 7.152 7.353 7.527 6.680 6.973 7.228 2001 (4) 55.189 414.770,371 (1) 33-~s exemption was gr~nted pursuam to a~ election1 held on April 6.1987. called apoll pefltiOll of the voters of the City. 7.515 Tax Abatement State law authorizes subdivisions of the State of Texas to grant tax abatements to any person, org~ni~,~tion or corporation in order to stimulate economic development within the State. Consequently, the City Council has adopted a resolution establishing criteria whereby the City will, on a case-by-case basis, give consideration to providing tax abatement to any qualifying applicant. Generally, the period of abatement is for up to two years during the period of construction and for five years thereafter with a maximum period not to exceed seven years. The percentage of tax abated shall be determined based upon permanent jobs provided by the project as follows: 0% on 49 or less; 50% on 50 to 99; 75% on 100 to 199; 100% on over 200. Notwithstanding the resolution adopted by the City Council, or the criteria attendant thereto, it is not implied or suggested that the City is under any obligation to provide tax abatemem to any applicant. The estimated value of property in the City that was subject to tax abatement on January 1, 2000 is approximately $13,469,107and assessed value figures disclosed in this document are net of these tax abatements. Tax Rates and Limitations The maximum tax rate permitted by the Constitution of Texas is $2.50 per $100 of assessed valuation. On April 3, 1993, the citizens of Corpus Christi voted to amend the City Charter which contained a tax limitation of $0.68 per $100 of assessed valuation for all purposes including debt service. The amended Charter provides for the tax rate to increase up to the State limit for voter approved debt authorized after April 4, 1993. The atl valorem tax rote is levied each year by the City Council through the adoption of a tax rote ordinance. Effective Iammry 1, 2000, all taxing units must adopt their tax rates before axe later of September 30 or the 60th day after the taxing unit receives the appraisal mil Tax Rate Distribution (per $100) General Interest and Tax Year Fund ~ Total 1992 0.472290 0.131150 0.603440 1993 0.445064 0.172894 0.617958 1994 0.441296 0.171430 0.612726 1995 0.439636 0.173090 0.612726 1996 0.444536 0.179190 0.623726 1997 0.444536 O. 179190 0.623726 1998 0.449336 0.174390 0.623726 1999 0.468133 0.155593 0.623726 2000 0.4631326 0.1605934 0.623725 2001 0.4575227 0.1866518 0.6441745 Trnth-in-Taxation IAmitation Chapter 26 of the Property Tax Code requires taxing units to comply with Tmth-ln-Taxadun laws in adopting their tax rates. The l:~rpose of th~ laws is to make taxpayers aware of tax rote proposals and to allow taxpayers, in certain cases, to mli back or limit a tax increase. The City anmally calculates and publicizes its effective tax rate and rollback tax rate. The effective rate is calculated by dividing last year's total tax levy (adjusted for lost property and new exemptions) by this year's total taxable value (adjusted for ~w propea-ty and fleW exemptions). The rollback tax rate equals 108% of the effective maintenance ~ operation tax rote pins the current tax rate for debt service, ff the City decides to increase the tax rote more than 3% above the effective tax rote, it must hold a public beaxing and supply ample notice to its taxpayers. For tax years 1998 and 1999, ~ 3% allo~n~ is deleted. Any increase above the preceAing year's total tax revenue requires the City to publish notices and hold a public hearing. Starting with tax year 2000, the code will return to the law that was in effect before the 1998 tax year. The public hea~ng will be required only ff the proposed tax rate is more than 3% above the effective tax rote. ff the actual tax rate adopted exceeds the rollback tax rate, taxpayers may petition to hold an election to reduce the tax rate to the rollback tax rate. Levy and Collection of Taxes The City has contracted for the collection of its property taxes with the Nueces County Tax Assessor/Collector. Before the later of September 30 or the 60th day after the taxing unit receives the appraisal roll, the rate of taxation is set by the City Council based upon the valuation of property within the City as of January 1. Ad valorem taxes ara due on receipt of a tax bill and payable from October 1 of the year in which levied until January 31 of the following year without Interest or penalty. Split payments are not allowed. On February 1, the unpaid taxes become delinquent and have a penalty and interest charge of seven (7%) percent. Taxes delinquent from March 1 through June 30 have an additional penalty and interest charge of two 2" (~) percent per month for a total penalty and interest charge of t'~teen (15%) percent. Taxes delinquent on July I have a total penalty and interest charge of eighteen (18%) percent. Taxes delinquent on July 1 accrue an additional fifteen (15%) percent for collection cost of taxes. Unpaid taxes after July 31 accrue an additional interest charge of one (1%) pement per month until paid. The Property Tax Code makes provision for discounts for early payment and the postponement of the delinquency date under, certain circumstances. Fiscal year 1991-92 was the last year the City granted a discount for early payment. The discounts were three (3%) percent in October, two (2%) percent in November, and one (1%) percent in December. For fiscal yearn after 1991-92, the City did not offer discounts. (The remainder of this page intentionally left blank) .! - Levy end Collection of Taxes The following Table I sets forth a comparison of the net taxable assessed valuation, tax rate levy and percentage of taxes collected for the past nine fiscal years. Table of uncollected delinquent taxes. II sets forth a comparison of the tax levies and also indicates the amount Table I Net Taxable Tax Assessed Tax Year Valuation Rate Year % Current % of Total Endin,q 1992 $5,993,403,579 $0.603440 95.1% 98.4% 7-31-93 1993 6,027,203,588 0.617958 95.8% 99.5% 7-31-94 1994 6,230,638,245 0.612726 95.8% 99.2% 7-31-95 1995 6,464,727,958 0.612726 96.6% 100.1% 7-31-96 1996 6,745,559,944 0.623726 96.9% 99.6% 7-31-97 1997 6,965,898,936 0.623726 96.5% 99.4% 7-31-98 1998 7,226,045,864 0.623726 96.2% 98.6% 7-31-99 1999 7,462,585,204 0.623726 96.3% 99.0% 7-31-00 2000 7,652,057,403 0.623726 96.2% 98.7% 7-31-01 2001 8,029,325,055 0.644175 (in process of collection} 7-31-02 Table II Delinquent Outstanding Tax Net Current Current Tax Tax Total Tax Delinquent Year Tax Levy Collections Collections Collections Tax 1992 $36,166,594 $34,393,504 $1,202,445 $35,595,949 $6,000,530 1993 37,245,587 35,678,500 1,369,806 37,048,306 5,983,259 1994 38,176,740 36,592,267 1,289,984 37,882,251 5,937,746 1995 39,611,069 38,258,807 1,410,646 39,669,453 5,630,126 1996 42,073,811 40,754,134 1,143,479 41,897,613 5,647,272 1997 43,448,123 41,928,010 1,251,909 43,179,919 5,607,397 1998 45,070,727 43,379,465 1,056,723 44,436,188 4,864,403 1999 46,546,084 44,836,825 1,256,701 46,093,526 4,855,538 2000 47,727,871 45,900,923 1,200,467 47,101,390 4,973,081 2001 51,722,865 (1) (in process of collection) (1) Subject to adjustment. Outstanding Delinquent Tax as Percent of Current Levy 16.6% 16.1% 15.6% 14.2% 13.4% 12.9% 10.8% 10.4% 10.4% Fiscal Year Ending 7-3 1-93 7-3 1-94 7-31-95 7-31-96 7-31-97 7-31-98 7-31-99 7-31-00 7-31-01 7-31-O2 (The remainder of this page intentionally left blank) MUNICIPAL HOTEL OCCUPANCY TAXES Gross revenues from the Municipal Hotel Occupancy Tax for the past ten years have b~en as follows: Fiscal 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Total Fiscal Year Aug.-Oct. Nov.-Jan. Feb.-Apr. May-Jul. Year 1991-1992 $1,005.970 $ 527,562 $1,041,433 $1,303,339 $3,878,304 1992-1993 1,027,275 582,092 877,586 1,437,415 3,924,368 1993-1994 993,866 594,548 995,258 1,427,160 4,010,832 1994-1995 1,066,169 626,420 1,014,829 1,535.489 4,242,907 1995-1996 1,064,697 731,470 1,122,221 1,621,009 4,539,397 1996-1997 1,125,538 757,649 1,100,876 1.661,337 4,645,400 1997-1998 1,161,643 780,628 1,180,221 1,799,216 4,921,708 1998-1999 1,136,818 786,748 1,230,168 1,932,282 5,086,016 1999-2000 (1) 1,550,756 1,018,592 1,550,096 2,594,767 6,714,211 20002001 1,568,794 1,049,181 1,552,967 2,300.496 6,471,438 (1) Rate went from 7% in 1998-1999 to 9% in 1999-2000. (The remainder of this page intentionally left blank) FIVE YEAR OPERATING STATEMENT FOR SOLID WASTE Revenues: 2000-2001 .. ,1999-2000 1998-1999 _,1997-1998 ..~996-1997 Solid Waste Services Refuse Collection Fees: Residentfal $10,038,290 $9,307,978 Commercial and Industrial 1,044,104 1,005,392 Landfill Project 422,701 432,024 Refuse Disposal Charges 5,980,479 7,748,334 Disposal Charges - Landfill Project 785,505 968,117 Refuse Collection Permits 8,878 10,603 Special Debris Pickup 89,546 11,124 Recycling 15,910 44.346 Recovery of Charged Off Accounts 359 1,062 Miscellaneous 40 596 Total Solid Waste Revenues 18,385,812 19,529,576 Expenditures: $9,218,006 $9,636,563 $9,880,382 1,065,854 446,177 355,673 431,508 362,571 432,557 8,607,796 8,569,841 7,338,447 1,080,606 1,093,244 918,534 11,231 10,484 10,190 3,272 4,221 2,569 16,781 51,819 26,254 1,645 2,531 3,004 3,041 116 0 20 439,740 -20,177,567 18,967,610 Solid Waste: Solid Waste Office 805,119 487,335 459,425 477,581 431,451 Refuse Collection 6,342,967 7,807,791 7,406,606 7,108,822 6,782,431 Refuse Disposal 2,675,535 3,303,896 3,265,513 3,042,835 3,082,104 Brush Collection 1,028,192 0 0 0 0 Recycling Collection 612,601 0 0 0 0 Brush Gdnding/Composflng 294,253 0 0 0 0 Cash for Trash 133,520 0 0 '0 0 New Landfill Project 46,063 0 0 0 0 Landfill Regulation Compliance 31,378 581,241 296,715 10,993 697,165 Landfill Closure Costs 0 36,086 33,264 41,616 21,518 Landfill fire emergency 0 295,593 0 0 0 Street Sweeping 0 0 0 0 106,226 Total solid Waste F_xpenditures .. 11,969;628 12,511,942 '11,461,523 10,681,847 ...11,120,895 Excess of Revenues over Expenditures $6,416,184 $7,017,634 ..$8'978'217 $9,495,720 . $7,846,715 (1) Since Solid Waste is a C-eneml Fund deparlrnont, this transfer is not reflected as a departmental expenditure in the comprehensive ,Annual Financial Report due to generally accepted accounting principles. THE TAX INCREMENT FINANCING ACT General Information On November 3, 1981, the voters of the State of Texas approved a constitutional amendment empowering the legislature to authorize by general law the issuance of bonds or notes by incorporated cities and towns to finance the development or redevelopment of an unproductive, underdeveloped, or blighted area within the city or town and to pledge for repayment of those bonds or notes increases in ad valorem tax revenue imposed on property in the area of the city or town and other political subdivisions. In anticipation of the adoption of the constitutional amendment, the Legislature, in 1981, adopted the Texas Tax Increment Financing Act of 1981 which is currently codified in Chapter 311 of the Texas Tax Code (the 'AcE). The Act has been upheld through court challenge. The assessed value of properly in a reinvestment zone at the time of the creation of the ZOne constitutes the base value as to all political subdivisions exarcising taxing power within the reinvestment zone. Tax receipts from all such political subdivisions received as a result of increased assessed values over the base value (the tax increment) are placed in the tax increment fund and may be used to pay for capital improvements or to pay tax increment bonds or notes. Corpus Chrtstl Relnvestment Zone No. 1 On December 29, 1982, the City Council of the City designated a portion of the City as a reinvsstment zone pursuant to the Act. This area, officially designated as Corpus Christi Reinvestment Zone No. 1 (the 'Zone') generally includes the Bayfront area in and along the central business district south to approximately Ayers Street. This area has been the subject of an intensive study by City staff leading to the preparation of the ~Bayfrent Plan.. After a staged review and adoption process by the Corpus Christi Planning Commission and City Council, the Bayfront Plan was officially adopted on December 29, 1982. The Act provides that the City and each other taxing unit may share in the tax increment allocation so long as the shedng basis is established by contract prior to the designation of the area as a reinvestment zone. The City, acting on behalf of the Zone, entered into contracts with the City of Corpus Chdsfl, the Corpus Chdsti Junior College District, Nueces County, Nueces County Hospital Disl~ct, and the Corpus Chdsti Independent School District prior to passage of the reinveslment zone ordinance on December 29, 1982. These contracts established the basis for the participation of each unit lo the tax increment allocation. The Zone was dl,nded ~nto subzones A and B with a tax increment sharfng plan established for each subzone. In subzone A, the Zone receives only the tax increment resulting from increases in assessed value due to new construction (any construction which increases values by twenty-five (25%) percent) from the tax rates of the City and County, excluding the Hospital Disthct, the Junior College District, and the School District. Subzone B is divided Into areas B1 end B2. * · · In area B1, the Zone receives only the tax ~ncrement resulting from increases .InB2,assessed value due to new constoJCfion on unimproved proper[~es from all participating governmental entrdes. In area the Zone receives the tax increment resulting from appreciation on improved properties (those properties for which improvements were in place as of January 1, 1982) and all tax increment resulting from increases in assessed value due to new censtmcflon from all participating entrdes. All participating govemmental entities receive taxes on the base values (assessed values as of January 1. 1982), the appreciation on unimproved properties, and the value of the appreciation on new construction. Relnvestment Zone Ad Valorem Taxes The following table sets forth the net taxable assessed values (assessed value net of exempSons) in Corpus the ChrisU Relnvestment Zone No. 1 for Fiscal Year 2000-01 and the related levy. Ent~ 'Nueces County Farm to Market Hospital DIs~ct City of Corpus ChdsU CCISD (School) College Gross Current Jurisdiction TIF Appraised Taxable Taxable Jurisdiction Taxable TIF Value Value Value Lev~' Value ~ -~ 202,641,158 "~ 192,866,470 ~'$ 403,210.19 ~ 78,512,430 $ 276,946.31 202,641,158 192,560,470 114,205,282 3,126.04 78,355,188 2,146.34 202,641,158 192,866,470 176,801,583 403,050.38 16,064,887 36,632.58 202,626,164 195,065,464 115,874,848 722,449.59 79,190,616 493,932.63 202,641,158 193,587,722 177,199,483 2,770,807.11 16,388,239 257,295.26 202,841,158 195,920,673 .. 178,901,051 394,311.81 17,019,622 __ 37,522.51 , $1,215,831,954 $1,162,867,269 .~877 336,287 .$4,696,955.12 _$~285,530,982 $_ 1,104.475.63 03'20:02 18:21. FAX 0-t/20/2002 /.6;44 FAX 80~5248/)93 I)RI- Pt~LZ (' FIN ZIONS BANK' i' M~c,h 20, 2002 ~ &,rge Cr~z-~d~ ~ C~ C~, ~ 7~69-9277 I~te~_ _~e T~x $1,300,000 6-yeari~m. Bond C, oo.~ol ~u ~l,,,~ ~ ~ou~ 3-1~00~, ~ ~ par p]~ 2008. 4.65% Coavpl~-i~d Zio~ c~odir ;~ppliaation C~t year vpe~m~g budget. c ompl ~'~3 with l~otes 03/21/2002 THU 11:32 FAX 713 435 4448 COASTAL SECI~ITIES ~003 03/2(L.(~ 1~:21F.~X DRI-PI.~LIC FIN 03/20/~00~ 16:~4 FA~ ~o~24&6ga ~O~S 1 ~,,xpirat~ol~ <lam o~pt6posal: Issm~ shall provicl~ Baak ~kh: .1) l~.esolmic~r 3) Bond Cotm~l Opiuiou 4) 80~8-G If not acc~ted, fids propesaI wiB exTire At~ 5, 2002. We a~e ~mteful for ~ op!~or Luuh7 to provide you with d~ proposal. If you shoed ~ve ~y Yvu~ ~y, VC/vc 20 CITY COUNCIL AGENDA MEMORANDUM March 26, 2002 AGENDA ITEM: Ordinance appropriating $1,300,000 from the issuance of anticipation notes into Fund 3280, "Park CIP Fund", Project 130465, "CC Bay Beach Nourishment" and amending Ordinance ~K)24730 dated January 15, 2002, adopting the capital budget. ISSUE: The City needs to fund the Nourishment of Corpus Chdsti Beach in order to award the contract. This ordinance will appropriate the funds necessary to use this money and will amend the initial ordinance adopting the capital budget on January 15, 2002, to include this amount. REQUIRED COUNCIL ACTION: Approve an ordinance appropriating $1,300,000 from the issuance of anticipation notes into Fund 3280, "Park ClP Fund", Project 130465, "CC Bay Beach Nourishment" and amending Ordinance ~024730 dated January 15, 2002, which adopted the capital budget. CONCLUSION AND RECOMMENDATION: Staff recommends that the City Council approve the Ordinance appropriating $1,300,000 from the issuance of anticipation notes to Fund 3280, "Park CIP Fund", Project 130465, aCC Bay Beach Nourishment" and amending Ordinance ~fO24730 dated January 15, 2002, which adopted the capital budget. Jor~'r~ CruSade .~Cruz/.Ae Assistant City Manager Attachments: Background Information Ordinance I I I BACKGROUND INFORMATION The City Charter requires that the City of Corpus Chdsti appropriate funds prior to obligating them. This ordinance appropriates the funds from the anticipation notes which will be sold to fund the Nourishment of Corpus Christi Beach. The City will be seeking the surety company to pay the defaulted contractor's penalty. Once this amount is determined, these funds will be used to pay off these notes. The funds will be appropriated in Fund 3280, "Park CIP Fund", Project 130465, "CC Bay Beach Nourishment". Additionally, Ordinance ft024730 dated January 15, 2002, which adopted the capital budget, must be amended to increase CIP expenditures by $1,300,000. ORDINANCE APPROPRIATING $1,300,000 FROM THE ISSUANCE OF ANTICIPATION NOTES INTO FUND 3280, PARK CIP FUND, PROJECT 130465, CORPUS CHRISTI BEACH NOURISHMENT, AMENDING ORDINANCE NO. 024730 WHICH ADOPTED THE FY2002 CAPITAL BUDGET BY INCREASING EXPENDITURES BY $1,300,000; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $1,300,000 is hereby appropriated from the proceeds of the sale of Anticipation Notes in the No. 3280, Park CIP Fund, Project 130465, Corpus Christi Beach Nourishment, for nourishment of Corpus Christi Beach. SECTION 2. That Ordinance No. 024730 which adopted the FY 2002 Capital Budget is amended by increasing expenditures by $1,300,000. 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 ,2002. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor Approved ~ ~/ ] James R. Bray, Jr. City Attorney ,2002 By: Lisa Aguilar ~) Assistant City Attorney - ' '! ~ AGENDA MEMORANDUM DATE: March 26, 2002 SUBJECT: Nourishment of Corpus Christi Beach (Project 3219) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a construction contract with Longhom Excavators, Inc. for a total fee not to exceed $1,190,000 for the nourishment of Corpus Christi Beach. ISSUE: Award of this contract is necessary to correct deficiencies in the work of the previous contractor. FUNDING: Interim funding for this project will be made available, subject to Council approval of a separate agenda item, through the issuance of anticipation notes in the amount of $1,300,000. Permanent funding is anticipated to be secured from reimbursement by the previous contractor's bonding company. RECOMMENDATION: Staff recommends approval of the motion as presented. Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit"B" Bid Tab Summary Exhibit "C" Location Map H :',HO ME~Y N DAS'~ E N~C C BEACH~.GENDA ITEM - AWARD LONGHORN~MEMO.DOC AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Corpus Christi Beach Nourishment (Project #3129) PRIOR COUNCIL ACTION: September 15, 2000 - Approval of Ordinance accepting and appropriating $1,300,000 from the General Land Office for the Nourishment of Corpus Christi Beach and construction of appropriate erosion control structures. (M2000-340) December 13, 2000 - Motion authorizing the City Manager, or his designee, to execute a construction contract for the Nourishment of Corpus Christi Beach with Phoenix Demolition in an amount not to exceed $1,002,500. (M2000-461) December 13, 2000 - Motion authorization the City Manager, or his designee, to award Additive Alternates 1, 2, 3, 4, and 5 in an amount not to exceed $448,000 with the award subject to additional grant funding from the General Land Office and appropriation by Council. (M2000-462) January 30, 2001 - Motion authorizing the City Manager, or his designee, to execute a Post Construction Lease with Phoenix Demolition for the Nourishment of Corpus Christi Beach project to allow the right of access for the removal of 126,000 cubic yards of sand from the O.N. Stevens Water Treatment Plant. (M2001-036) February 27, 2001 - Motion authorizing the City Manager, or his designee, to execute a grant agreement with the General Land Office in the amount of $201,750 for the Corpus Christi Bay Beach Nourishment project. (M2001-097) February 27, 2001 - Ordinance appropriating $201,750, subject to receipt, from the General Land Office in the No. 1050 State/Federal Grant Fund for the Corpus Christi Bay Beach Nourishment project; and declaring an emergency. (Ord. 024381 ) February 27, 2001 - 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 Number 024162 which Adopted The FY2000-01 Capital Improvement Budget by Adding $28,635.51 to No. 3280 park Fund; and Declaring an Emergency. (Ord. 024382) January 8, 2002 - Motion authorizing the City Manager, or his designee, to execute an engineering services contract with Engineering and Construction Management Services for a fee not to exceed $36,000 for the Nourishment of Corpus Christi Beach. (M2002-006) PRIOR ADMINISTRATIVE ACTION: Au,qust 13, 2001 - Small A/E Agreement with Shiner Moseley & Associates for a total fee not to exceed $7,500 for engineering services associated with Corpus Christi Beach Nourishment. Page I of 3 October 10, 2001 - Construction Materials Testing Agreement with Tetco for $8,510 for services relating to Corpus Christi Beach Nourishment project. October 25, 2001 - Amendment No. 1 to a Construction Materials Testing Agreement with Tetco for $3,750 for services relating to Corpus Christi Beach Nourishment project. December 19, 2001 - Amendment No. 2 to a Construction Materials Testing Agreement with Tetco for $15,660 for services relating to Corpus Christi Beach Nourishment project. November 26, 2001 - Small NE Agreement with URS Corporation for a total fee not to exceed $10,000 for peer review associated with Corpus Christi Beach Nourishment. January 14, 2002 - Amendment No. 1 with Shiner Moseley & Associates for a total fee not to exceed $10 for engineering services associated with Corpus Christi Beach Nourishment. February 11,2002 - Amendment No. 1 to an NE Agreement with URS Corporation for an amount not to exceed $4,109.75, for a revised total fee not to exceed $14,109.75 for services associated with Corpus Christi Beach Nourishment. FUTURE COUNCIL ACTION A construction materials testing and laboratory contract will be necessary for quality assurance. PROJECT DESCRIPTION: This project consists of importing beach quality sand to nourish Corpus Christ Beach. Imported sand that conforms to the specified requirements shall be placed and spread on the beach within the specified construction template. BID INFORMATION: This project consists of solely of a base bid. The City received proposals from five (5) bidders on March 20, 2002. (See Exhibit "B") The base bids ranged from: $1,190,000 to $1,558,000 The Engineer's construction estimate was $1,200,000. Longhorn Excavators, Inc. of Sugarland Texas was the lowest responsive bidder. The next Iow bidder was Garrett Construction of Ingleside, Texas, in the amount of $1,201,215. The City's Consultant, Shiner, Moseley & Associates, Inc., recommends that based on their review of the information provided by the contractor, that a contract be awarded in the amount of $1,190,000 to Longhom Excavators, Inc. of Sugarland, Texas. The information provided and reviewed to reach this recommendation included: Page 2 of 3 1. Contacting four formal references provided with the bid submittal - Result: All references checked consistently indicated that their projects were completed on time, within budget, and in a manner that prompted repeat business. Within the after-bid submittal package, a list of over 50 project references was also provided: Result: Two projects, chosen at random, were contacted. Both references provided favorable responses to our questions and indicated that they have successfully worked on multiple projects with Longhorn Excavators. Contacted Longhorn Excavators to inquire about their experience and specific information about their planned approach on the Corpus Christi Beach project. Result: They informed us that they have experience working on projects in the marine environment, with examples including an extension of the ship channel in Baytown, Texas, and construction of a golf course on the coast at Jupiter Island, Flodda. They have also done work at Lake LB J, Texas and Lake Conroe, Texas. For this project, Longhorn Excavators plans to implement the tonnage-based measurement option, but will still construct stockpiles for quality control testing of the material before it is placed on the beach. They verified that their bid includes a budget for removal of oversized particles from the non-conforming sand, as required in the specifications. RECOMMENDATION: Approval of the motion as presented. CONTRACT TERMS: The contract specifies that the project will be completed in 60 calendar days, with completion anticipated by mid-June 2002. FUNDING: Interim funding for this project will be made available, subject to Council approval of a separate agenda item, through the issuance of anticipation notes in the amount of $1,300,000. Permanent funding is anticipated to be secured from reimbursement by the previous contractor's bonding company. Page 3 of 3 TABULATION OF BIDS Page 1 of 2 DEPARTMENT OP =GI n=nT0 - CITY or CORPUS C7.DtISTi, TMQAS TABULATED BY: Angel R.Escobar, P.E., Director of Engineering Services DATE: Wednesday, March 20, 2002 TIME 01 COMPLETION, 60 Calendar Days ENGINEER'S ESTIMATE: $1,200,000 Nourishment of Corpus Christi Beach Longhorn Excavators Inc. Garrett Construction Co. Paula, Construction Inc. W.T.Young Construction Project No. 3219 19855 SW Freeway, #330 P.O.Box 1028 P.O.Box 2067 P.O.Box 9197 Sugarland, TX 77479 Ingleside, TX .78362 Cleveland, TX 77328 C.C., TR 78469 DESCRIPTION QTY. SNIT SNIT AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT PRICE PRICE PRICE PRICE 1. Mobilization and i LS $95,000.00 $109,000.00 $110,000.00 $120,000.00 demobilization 2. Removal, relocation, and 1 LS $1,075,000.00 $1,078,815.00 $1,108,852.00 $1,410,000.00 replacement with new imported San, in-place on beach, graded to Specified template 3. Additional removal, 1000 CY 20.00 $20,000.00 13.40 $13,400.00 17.90 $17,900.00 24.70 $24,700.00 relocation, and replacement with new imported sand, in-place on beach, graded to Specified template TOTAL BAEE MID: $1,190,000.00 $1,201,215.00 $1,236,752.00 $1,554,700.00 TABULATION OF BIDS Page 2 of 2 DEPARTMENT OP ENOINBERINO - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Angel R.Racobar, P.R., Director of Engineering eervicsa DATE: Wednesday, March 20, 2002 TIME OF COMPLETION: 60 Calendar Days ENGINEER'S ESTIMATE: $1,200,000 Nourishment of Corpus Christi Beach Project No. 3219 Berry Contracting LP P.O.Box 9908 C.C., TX 78469 DESCRIPTION QTY. UNIT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT PRICE PRICE PRICE PRICE 1. Mobilization and 1 LS $135,133.00 demobilization 2. Removal, relocation, and 1 LS $1,398,211.00 replacement with new imported san, in-place on beach, graded to specified template 3. Additional removal, 1000 CY 25.00 $25,000.00 relocation, and replacement with new imported sand, in-place on beach, graded to specified template TOTAL BASE BTU: $1,558,344.00 File: ~Mpro~ect~councilexhibits~exh$219.dw~ N PROJECT LOCATION CORPUS CHRISll BAY LOCATZON MAP NOT TO SCALE North Pork PROJECT SITE J 'I~ VT_CZNZTY MAP NOT TO SCALE CZTY PRO~JECT NO. 3219 EXHIBZT "C" PAGE: I of 1 DATE: 03-21-2002 CT_ TY COUNCZL EXHT_BZT DEPARTMENT OF ENGINEERING SERVICES 22 AGENDA MEMORANDUM DATE: March 26, 2002 SUBJECT: Convention Center Expansion and Renovation and Multipurpose Arena Alternative Delivery Methods AGENDA ITEM: a. Motion authorizing staff to proceed with selection of a Construction Manager at Risk for the Convention Center Expansion and Renovation Project. b. Motion authorizing staffto proceed with competitive sealed proposals to hire a General Contractor for the Multipurpose Arena Project. ISSUE: The City Major Construction Projects Advisory Panel unanimously recommended alternative delivery methods for the Convention Center and Arena projects. The City Council needs to approve or modify the Advisory Committee's recommendations on this large project. RECOMMENDATION: Approval of the ordinance and motion as presented. /~ngel R. Escobar, P. E. Director of Engineering Services Attachments: Exhibit A. Additional Information H :\HOM E\KEVIN S\GEN~ARENA\^CM@ RIS K.M.DOC ADDITIONAL INFORMATION BACKGROUND: The City Major Construction Projects Advisory Panel is charged with reviewing major City projects to ensure the maximum opportunity for local participation is realized. The Committee unanimously recommended the using a: · general contractor utilizing sealed proposals for the Arena; and · construction manager (CM) at risk for the Convention Center Expansion and Renovation. The Committee voted that the City participate in the opening of sub-contractor bids by the CM at risk. The Texas Legislature made a series of alternative delivery methods for amhitectural projects available to cities late during the 2001 Legislative session. The effective date of the legislation was September 1,2001. Both of the methods allow additional criteria to be considered in the evaluation and award of construction contracts. The additional criteria must be disclosed and specified in the solicitation. A review by staff indicates that the recommended delivery methods can to be applied to the Convention Center and Multipurpose Arena projects. The committee's recommendations represent variations on the competitive sealed bids traditionally used by Texas cities. Some modification of the CM at risk process will be necessary. SEALED PROPOSALS: Sealed proposals are variation of the competitive sealed bid method of selecting a general contractor. Competitive bids are normally restrict evaluation to ability to complete the project, qualifications, and price. Sealed proposals allow the consideration on additional items in the evaluation and selection of the contractor. The request for proposals must include the construction documents, selection criteria, estimated budget, project scope, schedule and other information required for contractors to respond to the request. The City must state in the request the selection criteria to be used in selecting the successful offeror. CONSTRUCTION MANAGER at RISK: The CM at risk is traditionally hired before the architectural team is selected. The CM at risk normally participates with in the selection of the architect and design process. Those tasks will not be possible due to the advanced status of the projects. The CM at risk is hired through a request for proposals (RFP) or request for qualifications (RFQ). The RFP is a one step process and City may require offerer's proposed fees and prices for the general conditions. The RFQ is a two step process where the City may select up to five offerors based solely on qualifications. The selected offerors may then be requested to provide proposed fees and prices for the H:\HOME\KEVINS\GEN~ARENA\^CM@RISKBKG.EXA.DOC EXHIBITA J Page I of 2 general conditions. Selections are based on the criteria set forth by the RFP/RFQ. The fee consists of pre-construction services (not applicable) and a percentage of the construction cost for overhead and profit to function as a general contractor. The selected firm will agree to a negotiated guaranteed maximum price (GMP) with the City pdor receiving bids from the sub-contractors and suppliers. The CM at risk selects and awards the sub-contractors and suppliers. The bids received by the CM at risk normally become the project cost with any savings from the GMP accruing back to the City. OPENING OF SUB-CONTRACTOR BIDS: The City's participation in the opening of sealed bids at a public location can be accomplished. The contents of the bids or proposals cannot be made public at the time of opening (Local Government Code Sec. 271.118(i)). The Local Government Code does provide for all bids or proposals to made public after the award of the contract or seven (7) days after the date of final selection of bids, whichever is later. FUTURE COUNCIL/STAFF ACTION: Additional research is needed to ensure the fullest implementation of the Committee's recommendations. This will include modifications to our bid, contract documents, procedures and policies. The use of these alternative delivery methods may require amendment of one or more City ordinances. RECOMMENDATION: Approval of the motions motion as presented. H:\HOME\KEVINS\GEN~ARENA\^CM@RISKBKG.EXA.DOC EXHIBITA I Page 2 of 2 23 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: March 26,2002 RESOLUTION AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S DESIGNEE, TO ACCEPT A $280,000 GRANT FROM THE U. S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS IN THE NO. 1050 FEDERAL/STATE GRANTS FUND FOR THE PURCHASE OF SPECIALIZED TRAINING EQUIPMENT FOR HAZARDOUS MATERIALS (HAZMAT), FIRE SERVICES, LAW ENFORCEMENT, AND EMERGENCY MEDICAL SERVICES (EMS) PERSONNEL; AND DECLARING AN EMERGENCY. ORDINANCE APPROPRIATING $280,000 FROM THE U. S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS IN THE NO. 1050 FEDERAL/STATE GRANTS FUND FOR THE PURCHASE OF SPECIALIZED TRAINING EQUIPMENT FOR HAZARDOUS MATERIALS (HAZMAT), FIRE SERVICES, LAW ENFORCEMENT, AND EMERGENCY MEDICAL SERVICES (EMS) PERSONNEL; AND DECLARING AN EMERGENCY. ISSUE: The City has received funding to purchase personal protective equipment (PPE), detection equipment, and decontamination equipment to effectively conduct and coordinate response operations during a terrorist incident involving weapons of mass destruction. BACKGROUND INFORMATION: The Department of Justice, Office of Justice Programs is providing funds to the City of Corpus Christi for the procurement of specialized training equipment for local hazardous materials, fire service, law enforcement and emergency medical services as part of the Nunn-Lugar-Domenici (NLD) Domestic Preparedness Program (DPP). The NLD DPP provides eligible jurisdictions with a tailored suite of training, exercises and equipment support to enhance their capacity to respond to incidents of terrorism involving the use of weapons of mass destruction (WMD). Ass part of this program, grant awards are being provided for the procurement of personal protective, detection and decontamination training equipment. This equipment will allow the City of Corpus Christi to enhance its response capabilities to a WMD incident by training with equipment identical to that, which would be used in an actual WMD incident. REQUIRED COUNCIL ACTION: accept the grant and appropriate the funds. PREVIOUS COUNCIL ACTION: None FUNDING: The grant will provide $280,000 in the Federal/State Grant Fund No. 1050 with no local match required. CONCLUSION AND RECOMMENDATION: Staff recommends accepting the grant and appropriate the funds. ~----~/"~./~,~ ~7.,~,~ ~ (Dep~rtrr~e~re) _ U.S, Department of Justice Office of Justice Programs Office of the Assistant Attorney General March 13, 2002 Mr. David R. Garcia City of Corpus Christi PO Box 9277 Corpus Christ, 'IX 78469-9277 Dear Mr. Garcia: I am pleased to inform you that the Office of Justice Programs has approved the application for funding under the Fiscal Year 2001 Nunn-Lugar-Domenici Domestic Preparedness Equipment Program for Cities 69-105 in the amount of $280,000 for City of Coq)us (]lfisti. These funds are being provided for the pmchase of specialized training equipment for hazardous materials (HAZMAT), fire service& law enforcement and emexgency medical services (EMS) personnel. These funds represent the equipment component of the Nutm-Lugar-Domeuici Domesfc Preparedness Program, :md may be used to build the induing capacity of your city's first responde~s, and by extension, their capability to ~espond to acts of te~xorism involving chemical and biological agenB, as well as radiological, nuclear and incendiary devices. Enclosed you will find the Grant Award and Special Conditions document~. This award is subject to ail administrative and financial requirements, including the timely submission of all financial and progammat c reports, resolution of all interim audit · findings,. . and the maintenance, of a mininltlgfl level of c~h-on-hand.. .Sh°uld you not adhere to these requirements, you will be m wolat~on of the terms of this agreement and the award wll/be subject to termination for cause or other administrative action as appropriate. If you have questions regarding this award, please contact: - Program Questions, Marcia Larson, Program Manager at 202-514-7890; and - Financial Questions, the Office of the Compax~ller, Customer Service Center (CSC) at (800) 458~}786, or you may contact the CSC at askoc @ojp.usdoj.gov. Congratulations, and we look forward to working with you. Sincerely, Ddhon~ I. Daniels Assistant Attorney General · Enclosures U.S. Department of Justice Office of Justice Programs Office for Civil Rights March 13, 2002 Mr. David R, Garcia Cfiy of Corpus Cluisti PO Box 9277 Corpus Christi, TX 78469-9277 Dear Mr. Garda: Congratulations on yom recent award. Because you have submitted Certified Assurances that your agency is in compliance with applicable civil fights laws, this office ha~ determined that you have met this requirement in the Department of Justice regulations governing recipients of Federal financial assistance (see 28 C.F.R. section 42.204, Applicants' Obligations). As Director of the Office for Civil Rights (OCR), Office of Justice Programs, I would like to offer you my assistance in completing the conditions of these Assurances, specifically Nos. 13. 14, and 15, as the grant goes forward. As you know, equal opportunity for the participation of women and minority individuals in employment and services provided under prognuns and activities receiving Federal financial assistance is required by law. Therefore, if there ha* been a federal or state court or administrative agency finding of discrimination against your agency, please for0vard a copy of such order or consent decree, as required by Assurance No. 14. to OCR at the U.S. Department of Justice, Office of Justice Programs, Office for Civil Rights. 810 Seventh StreeL N.W.. Room 8136, Washington, D.C. 20531. Additional Instructions For Grantees Receiving $500,000 Or More: In accordance with Assurance No. 15, each grantee that receives $500,000 or more (or $1,000,000 in an 18- month period), and has 50 or more employees, must submit an Equal Employment Opportunity Plan (EEOP)within 60 days from the date of this letter to OCR at the above address.1 Alternatively, the grantee may choose to complete an EEOP Short Form, in lieu of sending its own comprehensive EEOp. and return it to OCR within 60 days of the date of this leuer. This easy-to-follow EEOp Short Form reduces paperwork and preparation lime considerably and will ensure a quicker OCR review and approval. The Seven-Step Guide to the Design and Development of an EEOP will assist you in completing this requirement. The Seven-Step Guide and EEOP Short Form may be downloaded from OCR's home page on the Interact 01ttp://www.ojp.usdoj .go v/ocrf). llf you have akeady submiaed an EEOP as part of another award from the Office of Justice Programs (OJP) or the Office of Conunumty Oriented Policing Servwes (COPS) within the past two years, or If you have certified that no EEOP is required, it is not necessary for you to submit another at this time. Simply send a copy of the letter you received from OCR showing that your EEOP or ceffification is acceptable along with a cover letter that references the. new granl award. NOTE: If agency has under 50 employees, regardless of amount of award, no EEOP is required; however, grantee must return applicable potion of Certification Form to OCR within 60 days. This Certification Form may also be downloaded from OCR's home page on the Intetnet. PURSUANT TO THE SPECIAL CONDITION REGARDING EEOPs GOVERNING THIS AWARD, RECIPIENT ACKNOWLEDGES '[HAT FAILURE TO SUBMIT AN ACCEPTABLE EEOP IS A VIOLATION OF ITS CERTIFIED ASSURANCES AND MAY RESULT IN SUSPENSION OF DRAWl)OWN OF FUNDS UNTIL EEOp HAS BEEN APPROVED BY THE OFFICE FOR CIVIL RIGHTS. Additional Instructions For Grantees Receiving $25,000 Or More, But Under $500,000: 4. Pursuant to Department of Justice regulations, each grantee that receives $25,000 or more am] has 50 ur more employee~ is required to maintain an Equal Employment Opportunity Plan (EEOP) on file for n~view by OCR upon request, (However. if the grantee is awardod $1,000,000 in an eighteen (18) month period, it must submit an acceptable EEOP to OCR.) Please complete the applicable section of the Certification Form and return it to OCR within 60 days of the date of this letter. NOTE: If agency has under 50 employees, regardless of amount of award, no EEOP is required; however, grantee must return applicable portion of Certification Form to OCR within 60 days. Additional Instmclions For Cnantees Receiving Under $25,000: 5. A recipiea~t of unde~ $25,000 is not required to maintain or submit an Equal Employment Opportonity Plan (EEOp) in accordance with Assurance No. 15. No Certification is required. Ins~etions for All Grantees: 6. In addition, all recipients, regardless of their type, the monetary amount awarded, or the number of employees in their workforce, are subject to the prohibitions against discrimination in any funded I~Ogram or activity. Therefore, OCR investigates complaints by Individuals or groups alleging d~. 'mination by a recipient of OIP funding; and may require all recipients, through selected compliance reviews, to submit data to ensure their ~tvices are delivered th an equitable manner to all ~egments of the service population and their employment practices are in compliance with equal employment opportunity requirements.2 lfyou have any questions, please call OCR at (202) 3074)690. Additional information and technical a~sistsnce On the civil rights obligations of grantees can be found at: http://www.ojp, usdoj.gov/ocd. Financial Analyst Sincerely. Michael L. Alston Acting Director, Office for Civil Rights ~ The employment practices of certain Indian tribes are not covered by Title VII of the Civil Rights Act of 1964, 42 U.S.C. sectioll 2000e U.S. Department of Justice Office of Justice Programs Office for Domestic Preparedness Memorandum To: Official Grant File From.' Pa~cia Malak, Environmental Coordinator Subject: Categorical Exclusion for City of Corpos Christi The subject grant provides funding under the OJP/OSLDPS Fiscal Year 2001 Nunn-Lugar-Domenici Domestic Preparedness Equipment Program, to enhance the training capability of your city's first responder agencies; i.e., the fire service, emergency medical services (EMS), hazardous materials response units (Hazmat), and law enforcement agencies, to respond to incidents of terrorism involving chemical and biological weapons of mass destruction. Equipment purchases for this grant program are restricted to the following categories of equipment: personal protection equipment (PPE), detection, and decontamination equipment. None of the following activities will be conducted either under the OJP federal action or related third party action: 1. New construction. 2. Any renovation or remodeling of a property either (a) listed on or eligible for listing on the National register of Historic Places, or (b) located within a 100-year flood plan. 3. A renovation which will change the basic prior use of a facility or significantly change its size. 4. Research and technology whose anticipate and future application could be expected to have an effect on the environment. 5. Implementation of a program involving the use of chemicals. Consequently, the subject federal action meets OJP's criteria for a categorical exclusion as contained in paragraph 4.(b) of appendix D to Part 61 of the Code of Federal Regulations. Additionally, the proposed action is neither a phase nor a segment of a project which when viewed in its entirety would not meet the criteria for a categorical exclusion. Office for Domestic Preparedness ~. gF. ca,mmr ~m ~ ~ODUESS a~a~g zip c:~ of co~s C~r~a PO Box 9277 Coqms ~, TX 78469-9277 I A. GRANTE~ IRSP/ENDOR NO. 746000576 Grant PAGE I OF 2 $0 II9A. DATE Office for Domestic Preparedness AWARD CONTINUATION SHEET Grant PAGE 2 OF 2 SPECIAL CONDITIONS The recipient agrees to comply with the financial and adminisirative requirements set forth in the current edition of the Office of Justice P~ograms (OJP) Financial Guide. The recipient acknowledges that failure to submit an acceptable Equai Employment OpporUmity Plan (if recipient is required to submit one pursuant to 28 C.F.R. Section 42.302). that is approved by the Office for Civil Rights, is a violation of its Cerlified Assurances and may result in suspension or termination of funding, until such time ~s the recipient is in compliance. The recipient agrees to comply with the orgauizational audit requirements of OMB Circular A-133, Audits of States, Local Gove~amen~, and Non-Profit O~gauizations, as further described in the current edition of the OJP Financial Guide, Chapter 19. The .gr'.antee agree~, tha! ail equipment purchased with grant funds re.u? compl~ with the equipment categories and types of eqmpment outlined m the F~scal Year 2001 Nurm-Lugar Domemc~ Dome. sac Preparedness Equipment Program Guidelines and Application Kit for cities 69-105, and will be purchased to enhance the WMD incident response training capacity of local first responders. For the purposes of this grant program, first responders include fire services, HAZMAT, law enforcement and emergency medical services personnel. The recipient agrees that federal funds under this aw~xd will be used to supplement but not supplant state or local funds. RESOLUTION AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S DESIGNEE, TO ACCEPT A $280,000 GRANT FROM THE U. S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS IN THE NO. 1050 FEDERAL/STATE GRANTS FUND FOR THE PURCHASE OF SPECIALIZED TRAINING EQUIPMENT FOR HAZARDOUS MATERIALS (HAZMAT), FIRE SERVICES, LAW ENFORCEMENT, AND EMERGENCY MEDICAL SERVICES (EMS) PERSONNEL NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or the City Manager's designee, is authorized to $280,000 grant from the U. S. Department of Justice Office of Justice Programs is appropriated in the No. 1050 Federal/State Grants Fund for the purchase of specialized training equipment for hazardous materials (HAZMAT), fire services, law enforcement, and emergency medical services (EMS) personnel This grant was funded the Department of Justice's Fiscal Year 2002 Nunn-Lugar-Domenici Domestic Preparedness Equipment Program for Cities 69-105. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: 21st day of March, 2002. James R. Bray Jr. City Attorney By: ag~ni~ ~ ~ R.J First Assistant City Attorney Samuel L Neal, Jr. Mayor R22901B1.doc ORDINANCE APPROPRIATING $280,000 FROM THE U. S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS IN THE NO. 1050 FEDERAL/STATE GRANTS FUND FOR THE PURCHASE OF SPECIALIZED TRAINING EQUIPMENT FOR HAZARDOUS MATERIALS(HAZMAT),FIRE SERVICES, LAW ENFORCEMENT, AND EMERGENCY MEDICAL SERVICES (EMS) PERSONNEL; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $280,000 from the U. S. Department of Justice Office of Justice Programs is appropriated in the No. 1050 Federal/State Grants Fund for the pumhase of specialized training equipment for hazardous materials (HAZMAT), fire services, law enforcement, and emergency medical services (EMS) personnel. 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 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 on this the __ day of ,2002. ATTEST: THE CITYOFCORPUSCHRISTI Armando Chapa City Secretary APPROVED: This 21st day of March, 2002: James R. Bray, Jr. City Attorney R. J a/y'Ref'ning First Assistant City Attorney Samuel L. Neal, Jr. Mayor R22901A1 .doc 24 CITY COUNCIL AGENDA MEMORANDUM March 21,2002 AGENDA ITEM: ITEM A: Motion to amend the Annexation Calendar by changing the 2nd Reading date for the Annexation Ordinance and the date of the City Council public hearing and approval of zoning from April 9, 2002 to April 16, 2002. The effective date of annexation is changed from April 10, 2002 to April 17, 2002. ITEM B: Approval of an ordinance on First Reading annexing five tracts of land containing 519.32 acres and referred to as: Tract 1: Jones, Walter and GLO Beach Frontages: Publicly and privately owned lands comprising approximately 44.16 acres and 9,618 feet of gulf beach frontage, from the south most property line of Padre Balli County Park to a point 500 feet south of the south most property line of the Lawrence Jones property. The width of the strip extends westward from the City Limit Line on the Gulf of Mexico shoreline, being the 1.37-foot line above Mean Sea Level based on United States Geological Survey (U.S.G.S.) and Geodetic Survey (G.S.) datum of 1929, to a point along the vegetation line approximately 200 feet west of and generally parallel to the 1.37-foot line above Mean Sea Level Gulf of Mexico shoreline. Tract 2: Padre Balli Park: Nueces County Park #1 (Padre Balli Park) comprising approximately 194.92 acres and 6,324 feet of gulf beach frontage. Tract 3: Packery Channel Park Area: Public and privately owned lands comprising approximately 50.01 acres and including Nueces County Park #2 (Packery Channel Park). Tract 4: Nueces County Land South of Mustang Island State Park: Publicly owned tract of land comprising 221.00 acres and 4,211 feet of gulf beach frontage surrounded by the existing City Limits and out of the William Bryan Survey 606, between the east right-of-way line of State Highway 361 and the existing City Limit line along the Gulf of Mexico shoreline, being the 1.37-foot line above Mean Sea Level based on U.S.G.S. and G.S. datum of 1929. Tract 5: Beach Front Property North of Zahn Road: Privately owned (Eric C. Lower) tract of land comprising approximately 9.23 acres and 2,009.79 City Council Agenda Memorandum Annexation 1sT Reading March 21, 2002 Page 2 feet of gulf beach frontage abutting the City Limits on the Gulf of Mexico shoreline, being the 1.37-foot line above Mean Sea Level based on U.S.G.S. and G.S. datum of 1929 and extending approximately 200 feet westward, and between County owned land and State leased land at JP Luby Surf Park. BACKGROUND ANDISSUES: ITEM A: A motion to amend the annexation calendar is necessary since the City Council decided to cancel the April 9, 2002 City Council meeting. The 2na Reading of the Annexation Ordinance will occur on April 16, 2002. If City Council approves the Annexation Ordinance, the effective date for the annexation(s) will be April 17, 2002. ITEM B: Background: Annexation is essential for the City to achieve orderly growth. Currently, no land use controls (zoning) and most city land use policies cannot be applied to outside city limits properties. Annexation is used to extend the City's zoning regulations consistent with the Comprehensive Plan; adopted City growth policies; and Article 31, newly annexed territory of the Zoning Ordinance. Zoning is a tool to create compatible land use patterns in the community. Annexation also allows the City to ensure that when growth occurs all new structures are constructed in accordance with building, plumbing, electrical, and other City codes designed to protect the public health, safety and welfare. In addition, annexation should occur so that impacted areas may benefit from the expansion of public health programs, police and fire protection, and by linking new development to publicly approved water supplies, wastewater, and storm drainage systems. Issues: Annexation of these tracts will alleviate jurisdictional problems regarding law enforcement, fire protection and other service issues. Jones, Walter and GLO Beach Frontages: Mr. Lawrence Jones has submitted a request that the City annex the Gulf Beach on this property (See Attached Letter). The City agrees with Mr. Jones acknowledgement in his letter, "... that the level o£ beach cleaning and maintenance...will remain at a minimal level until the development of our adjacent property takes place". Kleberg County also agrees that beach cleaning levels should be at minimal levels until the adjacent property is developed. Staff has included Dr. Waiter's property between Padre Balli County Park and the Jones property. In addition, the proposed annexation includes additional Gulf Beach property extending to a point 500 feet south of the Jones property line and owned by the Texas General Land Office. Total beach frontage of these three properties is 1.82 miles. City Council Agenda Memorandum Annexation 1sT Reading March 21, 2002 Page 3 Padre Balli Park: Padre Balli Park is currently outside City limits. The county park contains approximately 6,324 feet of Gulf Beach frontage. Under State Statute, the County will continue to be responsible for maintenance of the Gulf beach after annexation into the City. In addition, ail maintenance and operations relative to the park will continue to be the responsibility of the County after annexation. Packery Channel Park Area: Nueces County Appraisal District records indicate that the Packery Channel Park area includes two parcels of publicly and privately owned property comprising 50.01 acres. One parcel is 20.01 acres in size, is wholly owned by Nueces County, and known as Packery Channel Park or Nueces County Park #2. The other parcel contains 30.00 acres and three owners jointly hold an undivided interest in the property as follows: · Nueces County 64% undivided interest · Crown Petroleum Company cio Michael undivided interest · Francis I. Gandy, Jr. 18% undivided interest James Kruger 18% All maintenance and operations relative to the park will continue to be the responsibility of the County after annexation. Nueces County Land South of Mustang Island State Park: This property is owned by Nueces County except for a 2-acre strip of land on the northern edge of the tract that was recently deeded or in the process of being deeded to Mustang Island State Park. The purpose of this annexation is to annex all outside city limits properties and eliminate confusion with regard to the City and County's jurisdiction, particularly with regard to law enforcement issues and traffic operations issues on Newport Pass Road. By State Statute, the County will continue to be responsible for maintence of the gulf beach adjacent to their property. Beach Frontage North of Zahn Road: This privately owned (Eric C. Lower) property is a 0.38 mile strip of gulf beach immediately north of Zahn Road and J.P. Luby Surf Park. Annexation of this privately owned (Eric C. Lower) tract would require the City to maintain the gulf beach. Annexation will help to simplify law enforcement jurisdictional issues on a high use area of Gulf Beach. City Council Agenda Memorandum Annexation 1 s* Reading March 21, 2002 Page 4 Revenue and Costs: Staff does not anticipate any significant property tax revenue from these five tracts, as they are either publicly owned parks or undevelopable gulf beaches. Costs for these areas will come from: Police Protection The Police Department has estimated that the City should budget an additional $10,000 dollars per year in over time costs for services during major beach events such as Beach to Bay, Sea Sculpture, and Spring Break. Park and Recreation Park and Recreation has indicated that they will absorb the costs for 2.20 miles of beach cleaning on the Jones, Walters, and Lower tracts. Street Department The Street Department and Traffic Engineering Division have indicated that signage costs will be minimal for the annexation areas and will be absorbed by the Departments. Total annual costs for annexation are estimated to be $10,000. PREVIOUS COUNCIL ACTION: February 26, 2002 - 2® Required City Council Annexation Public Hearing February 19, 2002 - 1st Required City Council Annexation Public Hearing January 15, 2002 - City Council Motion authorizing staff to prepare annexation service plans and approval of an annexation calendar December 11, 2001 - 2nd Reading of an Annexation Ordinance for the 2001 Annexation City Council Agenda Memorandum Annexation 1 ST Reading March 21, 2002 Page 5 REQUIRED COUNCIL ACTION: Item A: Motion to approval as presented. Item B: Approval of an Annexation Ordinance on First Reading annexing five tracts of land containing 519.32 acres. STAFF RECOMMENDATION: Approval. N. Gunning, AICP Director of Planning Attachments Attachment h Attachment I1. Attachment II1. Attachment IV. Attachment V. Property Owner Request for Annexation Annexation Maps Annexation Profiles Annexation Calendar Service Plan City Council Agenda Memorandum Annexation 1sT Reading March 21, 2002 Page 6 Attachment I. Property Owner Request for Annexation lq'ov~nbo, 2~, 2001 1201 ~ $1r~ Corpus ~ti, Te~ 78401 for ^,,-,-cation Dzar A~ lbo owimm of the 1,2~0,57 azm ~'aot af land localed soWh of and adjaee~ lo th~ Nueoes-Klebel.~ Counlly I'.l~,e on Pad~ Island ~ mo~ par~y d~ ~ We furd~ roq~si that tim City i,~pl,~ _~t_~ th~ Bmw. h Pa~ ~ Prosmm va ~1~ Publie b~w-h a~& ~o be am~m~t ono~ tt b~mes par~ of th~ City. We ack~owl~l~ We be. ltev~ tha~ lira ~ of this mip of land will ~ scare tim puldio and provid~ for th~ orderly d~wlopmsm of~ ~ a~d as Tmsl~ a~d on b~half of Vista Dd Mar brig,/on Company City Council Agenda Memorandum Annexation 1sT Reading March 21, 2002 Page 7 Attachment II. Annexation Maps ?. GULF OF MEXICO Jones, Walter, and GLO Beach Frontage Padre Balli Park Packery Channel Park Area Nueces County Land South of Mustang Island State Park and Beach Frontage North of Zahn Road (Eric C. Lower) City Council Agenda Memorandum Annexation 1 ST Reading March 21, 2002 Page 8 Attachment II1: Annexation Area Profiles Zahn Road ~Eric To~l 519.32 22,163 City Council Agenda Memorandum Annexation 1sT Reading March 21, 2002 Page 9 Attachment IV. Annexation Calendar January 15,2002 City Council motion approving a public hearing schedule and directing Staff to prepare service plans for areas under consideration for annexation. February 19, 2002 City Council - Presentation of Service Plans and 1st Public Hearing (regular meeting). February 26,2002 City Council - 2nd Public Hearing (regular meeting). March 13,2002 Planning Commission conducts a public hearing to consider zoning of proposed annexation areas. March 26,2002 City Council - 1st Reading of the annexation ordinance (regular meeting). April 16, 2002 City Council - 2nd Reading of the annexation ordinance and final action on proposed zoning (regular meeting). April 17, 2002 Effective date of annexation. Page 1 of 17 AN ORDINANCE ANNEXING PADRE AND MUSTANG ISLAND TRACTS: ANNEXING 9,618 FEET OF PADRE ISLAND Gulf BEACH FRONTAGE TRACTS OWNED BY JONES, WALTER & GLO (44.16 ACRES) AND PADRE BALLI PARK (NUECES COUNTY PARK NO. 1) (194.92 ACRES AND 6,324 FEET OF GULF BEACH FRONTAGE ON PADRE ISLAND), IN THE VICINITY OF THE NUECES-KLEBERG COUNTY LINE; ANNEXING PACKERY CHANNEL PARK (NUECES COUNTY PARK NO. 2) AND ADJOINING PRIVATE LAND (APPROXIMATELY 60.01 TOTAL ACRES FOR PARK AND PRIVATE LAND) ON PADRE ISLAND; ANNEXING 221 ACRES OF LAND SOUTH OF MUSTANG ISLAND STATE PARK , COMPRISING 4,211 FEET OF GULF BEACH FRONTAGE ON MUSTANG ISLAND, OWNED BY NUECES COUNTY; ANNEXING 9.23 ACRES OF LAND NORTH OF ZAHN ROAD AND J. P. LUBY SURF PARK, COMPRISING 2,009.79 FEET OF GULF BEACH FRONTAGE ON MUSTANG ISLAND, OWNED BY ESTATE OF ERIC C. LOWER; PROVIDING THAT EACH ANNEXED TRACT IS CONTIGUOUS TO THE CITY LIMITS OF THE CITY OF CORPUS CHRISTI; PROVIDING FOR A SERVICE PLAN FOR THE ANNEXED TRACTS OF LAND; PROVIDING THAT THE OWNERS AND INHABITANTS ARE ENTITLED TO ALL RIGHTS, PRIVILEGES, AND BURDENS OF OTHER CITIZENS AND PROPERTY OWNERS OF THE CITY OF CORPUS CHRISTI AND ARE SUBJECT TO AND BOUND BY THE CITY CHARTER, ORDINANCES, RESOLUTIONS, AND RULES; REQUIRING APPLICATION FOR CERTIFICATE OF OCCUPANCY FOR NONCONFORMING USE; PROVIDING FOR AMENDMENT OF THE OFFICIAL MAPS OF THE CITY OF CORPUS CHRISTI; PROVIDING FOR SEVERANCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Corpus Christi desires to annex to the City of Corpus Christi an area comprising five tracts of land on Padre Island and Mustang Island herein called Tracts I through 5, inclusive. These Tracts are also described, respectively, as (1) the Jones, Walter, and GLO Beach Frontage; (2) Padre Balli Park; (3) Packery Channel Park Area; (4) Nueces County owned land south of Mustang Island State Park; and (5) the Estate of Eric C. Lower beach frontage north of Zahn Road and J. P. Luby Surf Park. Tracts 1 and 2 are in the vicinity of the Nueces-Kleberg County line; WHEREAS, on February 19th, 2002, and on February 26th, 2002, public hearings were held by the City Council, during a regularly scheduled City Council meeting held in the Council Chambers, at City Hall, in the City of Corpus Christi,; WHEREAS, before each hearing, the City published in a newspaper of general circulation in the City of Corpus Christi, and posted on the City's internet website, a notice of each hearing; and each hearing was held for the consideration of annexation proceedings and the service plan for the defined lands and territory; and during each hearing all persons interested in the annexations were allowed to appear and be heard; LEGAL~-AVV~I..EG-DI R~DoyleDC u rtis~vl YDOC S~002~P&ZO RD02~An nexat ion. o rd ~DDC2002~O rd~Jo nes. G LO. E HcLowe r. Bea ch. CoLa n d. &Pa rks. ord. doc Page 2 of 17 WHEREAS, a service plan for the area proposed to be annexed was made available for public inspection and explained at the public hearings on February 19th, 2002, and on February 26th, 2002 WHEREAS, it has been determined by the City Council that the territory now proposed to be annexed lies wholly within the extraterritorial jurisdiction of the City of Corpus Christi; WHEREAS, it has been determined by the City Council that the territory now proposed to be annexed abuts and is contiguous and adjacent to the City of Corpus Christi; WHEREAS, it has been determined by the City Council that the territory now proposed to be annexed constitutes lands and territories subject to annexation as provided by the City Charter of the City of Corpus Christi and the laws of the State of Texas; and WHEREAS, it has been determined that it would be advantageous to the City and to its citizens and in the public interest to annex the lands and territory hereinafter described. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the following described Tract 1 located south of Padre Bali Park and adjacent to the Nueces-Kleberg county line, located partly in Kleberg County and partly in Nueces County, Texas, is annexed to, brought within the corporate limits, and made an integral part of the City of Corpus Christi. Tract 1 is also described by metes and bounds in Exhibit A and by a map in Exhibit F attached to this ordinance and which are incorporated herein by reference. Tract 1: Jones, Walter and GLO Beach Frontages: Privately and publicly owned lands comprising approximately 44.16 acres and 9,618 feet of gulf beach frontage on Padre Island, from the south most property line of Padre Balli County Park to a point 500 feet south of the south most property line of the Lawrence Jones property. The width of the strip extends westward from the City Limit Line on the Gulf of Mexico shoreline, being the 1.37-foot line above Mean Sea Level based on United States Geological Survey (U.S.G.S.) and Geodetic Survey (G.S.) datum of 1929, to a point along the vegetation line approximately 200 feet west of and generally parallel to the 1.37-foot line above Mean Sea Level Gulf of Mexico shoreline. SECTION 2. That the following described Tract 2 located on Padre Island, north of and adjacent to the Nueces-Kleberg county line and east of Park Road 22, located entirely in Nueces County, Texas, is annexed to, brought within the corporate limits, and made an integral part of the City of Corpus Christi. The tract is also described by metes and bounds in Exhibit B and by a map in Exhibit F attached to this ordinance and which are incorporated herein by reference. Tract 2: Padre Balli Park: Nueces County Park #1 (Padre Balli Park) comprising approximately 194.92 acres and 6,324 feet of gulf beach frontage on Padre Island. SECTION 3. That the following described Tract 3 located on Padre Island, north of Villa Maria Isabel and northeast of Park Road 22 and Park Lane and extending to the Packery Channel, located entirely in Nueces County, Texas, is annexed to, brought within the corporate limits, and made an integral part of the City of Corpus Christi. The tract is also described by metes and Page 3 of 17' bounds in Exhibit C and by a map in Exhibit F attached to this ordinance and which are incorporated herein by reference. Tract 3: Packery Channel Park Area: Publicly and privately owned lands on Padre Island comprising approximately 50.01 acres and including Nueces County Park #2 (Packery Channel Park). SECTION 4. That the following described Tract 4 located on Mustang Island, south of Mustang Island State Park, located entirely in Nueces County, Texas, is annexed to, brought within the corporate limits, and made an integral part of the City of Corpus Christi. The tract is also described by metes and bounds in Exhibit D and by a map in Exhibit F attached to this ordinance and which are incorporated herein by reference. Tract 4: Nueces County Land South of Mustang Island State Park: Publicly owned tract of land comprising 221.00 acres and 4,211 feet of gulf beach frontage on Mustang Island surrounded by the existing City Limits and out of the William Bryan Survey 606, between the east right-of-way line of State Highway 361 and the existing City Limit line along the Gulf of Mexico shoreline, being the 1.37-foot line above Mean Sea Level based on U.S.G.S. and G.S. datum of 1929. SECTION 5. That the following described Tract 5 located on Mustang Island, located north of Zahn Road and east of State Highway 361, and located entirely in Nueces County, Texas, is annexed to, brought within the corporate limits, and made an integral part of the City of Corpus Christi. The tract is also described by metes and bounds in Exhibit E and by a map in Exhibit F attached to this ordinance and which are incorporated herein by reference. Tract 5: Beach Front Property North of Zahn Road: Privately owned (Estate of Eric C. Lower) tract of land comprising approximately 9.23 acres and 2,009.79 feet of gulf beach frontage on Mustang Island, abutting the City Limits on the Gulf of Mexico shoreline, being the 1.37-foot line above Mean Sea Level based on U.S.G.S. and G.S. datum of 1929 and extending approximately 200 feet westward, and between County owned land and State leased land at JP Luby Surf Park. SECTION 6. That there is approved, as part of this annexation ordinance, a service plan. The service plan, in Exhibit G of this ordinance, is incorporated into and made a part of this ordinance. The service plan provides for the same number of services and levels of service for the annexed area and to the same extent that the services are in existence in the area annexed immediately preceding the date of annexation or that are otherwise available in other parts of the city with topography, land uses and population densities similar to those reasonably contemplated or projected in the area annexed. SECTION 7. That the owners and inhabitants of the tracts or parcels of land annexed by this ordinance are entitled to all the rights, privileges, and burdens of other citizens and property owners of the City of Corpus Christi, and are subject to and bound by the City Charter of the City of Corpus Christi, and the ordinances, resolutions, motions, laws, rules and regulations of LEGA L~LAVWLE G-DI R~DoyleDC u rtis~lYDOCS~ 002~P&ZORD02~An n exation, o rd~D D C2002\Ord~l o n es. O LO. Er icL owe r. B ea ch. Co La nd. & Pa rks. o rd. doc Page 4 of 17 the City of Corpus Christi and to ail intents and purposes as the present owners and inhabitants of the City of Corpus Christi are subject. SECTION 8. A certificate of occupancy shall be required for every nonconforming use. An application for a certificate of occupancy for a nonconforming use shall be filed within thirty (30) days of the effective date of this ordinance. SECTION 9. That the official map and boundaries of the City and its extraterritorial jurisdiction, previously adopted and amended, are amended to include the territories described in this ordinance as part of the City of Corpus Christi, Texas. SECTION 10. That the City Manager or his designee is directed and authorized to perform or cause to be performed all acts necessary to correct the official map of the City and its extraterritorial jurisdiction to add the territory annexed as required by law. SECTION 11. If for any roason any section, paragraph, subdivision, clause, phrase, word or provision of the 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 12. This ordinance goes into effect at 12:01 A. M., April 17, 2002. LEGAL~-AVWLEG-DIR~Doyle DCurtisLM YDOCS~2002~P &ZORD02~An hex ation.o rd~D DC2002\O rdLIo n es.O LO.E ricLowe r,Beach. Co La nd.& P arks. ord. doc Page 5 of 17 Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garret[ William Kelly That the foregoing ordinance was read for the first time and passed to its second reading on this the 26th day of Mamh, 2002, by the following vote: Rex A. Kinnison John Longoria Jesse Noyola Mark Scot[ That the foregoing ordinance was read for the second time and passed finally on this the 16th day of April, 2002, by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garret[ William Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott PASSED AND APPROVED, this the 16th day of April, 2002. A'i-rEST: Armando Chapa Samuel L. Neal, Jr. City Secretary Mayor, The City of Corpus Christi APPROVED AS TO LEGAL FORM March 21, 2002 James R. Bray, Jr., cityA. L_ // Doyle D.)~rtis Senior A~sistant City Attorney Page 6 of 17 EXHIBIT A METES AND BOUNDS FOR PADRE ISLAND TRACT 1 Tract t: Jones, Walter and GLO Beach Frontages: Tract 1 consists of privately and publicly owned lands comprising approximately 44.16 acres and 9,618 feet of gulf beach frontage on Padre Island, from the south most property line of Padre Balli County Park to a point 500 feet south of the south most property line of the Lawrence Jones property. The width of the strip extends westward from the City Limit Line on the Gulf of Mexico shoreline, being the 1.37-foot line above Mean Sea Level based on United States Geological Survey (U.S.G.S.) and Geodetic Survey (G.S.) datum of 1929, to a point along the vegetation line approximately 200 feet west of and generally parallel to the 1.37-foot line above Mean Sea Level Gulf of Mexico shoreline. Tract 1 is located south of and adjacent to the Nueces-Kleberg county line and is located entirely in Kleberg County, Texas. Tract 1 is more particularly described by metes and bounds as follows: 44.16 acres, more or less, consisting of a part of an 18.07 acre tract described in Document No. 840580, Nueces County, Texas, Deed Records, a part of a 37 acre tract described in Document No. 1998050703, Nueces County, Texas Deed Records, a part of a 1260.57 acre tract out of the Jose Maria Tovar Subdivision of record in Volume 2, Pages 82 and 83, Kleberg County, Texas, map records and a portion of beach frontage extending southwest 500 feet, more or less, from the southwest line of the aforementioned 1260.57 acre tract, said 44.16 acres of beach frontage, more particularly described as follows; BEGINNING AT A POINT on the vegetation line of the Gulf of Mexico side of Padre Island, a point which bears southwest, 500 feet from a corner on the present city limit line established by Ord. No. 024694, dated 12-31-01 (said corner being the point of intersection between the vegetation line and the southwest line of the aforementioned 1260.57 acre tract) for the southwest corner of the tract herein described; THENCE northeasterly with the present city limit line, the vegetation line approximately 200 feet west of and generally parallel to the shoreline of the Gulf of Mexico, to a point on the northeast line of the aforementioned 37 acre tract, for a corner in the present city limit line and the northwest corner of this tract; THENCE southeasterly with the northeast line of said 37 acre tract, to a point on the 1.37 foot line above mean sea level of the Gulf of Mexico side of Padre Island with elevation based on U.S.C. and G.S. datum of 1929, for a point on the present city limit line established by Ord. No. 015415, dated 3-19-80 and the northeast corner of this tract; THENCE southwesterly with said present city limit line, to a point in line with the point of beginning, for the southeast corner of this tract; THENCE northwesterly leaving said present city limit line at right angles thereto, to a point on the vegetation line, for the point of beginning. LE~GAL~LAVV~LE G-D IR\Do y leDC u r[is~lYDOCS~2002 ~P&ZOR D02~An nexaflon, o rd\DDC2002\O rd~l ones. G LO. E dcLower. Be ach. Co La nd. & P arks. o rd. doc Page 7 of 17 EXHIBIT B METES AND BOUNDS FOR PADRE ISLAND TRACT 2 Tract 2: Padre Balli Park (Nueces County Park #1) comprises approximately 194.92 acres and 6,324 feet of gulf beach frontage on Padre Island, north of and adjacent to the Nueces-Kleberg county line and east of Park Road 22, and is located entirely in Nueces County, Texas. Tract 2 is more particularly described by metes and bounds as follows: METES AND BOUNDS (Padre Balli County Park) 194.92 acres, more or less, out of the Nicolas & Juan Jose Balli survey, A-1998, located south of and adjacent to County Access Road No. 4, and east of and adjacent to Park Road 22, and more particularly described as follows; BEGINNING AT A POINT, the intersection of the northeast boundary line of a 37-acre tract described in Document No. 1998050703, Nueces County, Texas Deed Records and the east right-of-way line of existing Park Road 22 (South Padre Island Drive), for a comer in the present city limit line as established by Ordinance No. 024694. Dated December 31, 2001, and the southwest corner of the tract here-in described; THENCE northerly with the east right-of-way line of said Park Road 22, its curves and its angles (the same being the present city limit line) to a point on the north right-of-way line of Access Road No. 4, for a corner in said present city limit line, the northwest corner of Padre Balli County Park and the northwest corner of this tract; THENCE easterly with the north right-of-way line of said Access Road No. 4, the present city limit line, to a point on the 1.37-foot line above mean sea level of the Gulf of Mexico side of Padre Island with elevation based on U.S.C. and G.S. datum of 1929, for a point on the present city limit line established by Ordinance No. 015415. Dated March 19, 1980, and the northeast corner of this tract; THENCE southwesterly with said present city limit, to a point in line with the northeast boundary line of the aforementioned 37-acre tract, for the southeast corner of this tract; THENCE northwesterly, leaving said present city limit line, with the northeast boundary line of said 37-acre tract, to a point on the east right-of-way line of Park Road 22, for the POINT OF BEGINNING. LEGAL~.AVV~LEG-DI R\DoyleDC u rtisV,,tYDOCS~2002~P &ZORD02~An hex aflon, o rd~D DC2002~Z3rd~Jo nes. O LO, EricLower, Bea ch. CoL a nd, & P arks. o rd. doc Page 8 of 17 EXHIBIT C METES AND BOUNDS FOR PADRE ISLAND TRACT 3 Tract 3: Packery Channel Park Area: Tract 3 consists of publicly and privately owned lands on Padre Island comprising approximately 50.01 acres and includes Nueces County Park #2 (Packery Channel Park). Tract 3 is more particularly described by metes and bounds as follows: METES AND BOUNDS (Packery Channel County Park Area) 50.01 acres, more or less, consisting of 20.01-acre Packery Channel County Park, also known as Nueces County Park No. 2, and a 30-acre tract described in Vol. 2229, page 155, Nueces County, Texas, Deed Records, said 50.01-acre tract, more particularly described as follows; BEGINNING AT A POINT, the intersection of the southeast boundary line of Packery Channel County Park and the northeast right-of-way line of Park Road 22 (South Padre Island Drive) for the south corner of the tract herein described; THENCE, northwesterly with the northeast right-of-way line of said Park Road 22, its curves and its angles, to the south corner of Lot 5, Block 4, Padre Island - Corpus Christi Section 18, as shown in Volume 57, Page 105, Nueces County, Texas, plat records, for the southerly west corner of Packery Channel County Park, and an outside corner of this tract; THENCE northeasterly with the southeast boundary line of said Lot 5, to its east corner thereof, for an inside corner of Packery Channel County Park and an inside corner of this tract; THENCE northwesterly, with the northeast boundary line of said Block 4, Padre Island - Corpus Christi Section 18, its curves and its angles, to its north corner thereof, for the west corner of the aforementioned 30-acre tract, an inside corner of Block 2, Padre Island - Corpus Christi Section 18, as shown in Volume 38, Page 69 and 70, Nueces County, Texas, plat records, and the west corner of this tract; THENCE northeasterly, with the line common to said Block 2, Padre Island - Corpus Christi Section 18 and the aforementioned 30-acre tract, to a point on the westerly shoreline of existing Packery Channel, for the north corner of this tract; THENCE southeasterly, with the meanders of said westerly shoreline of existing Packery Channel, to a point, for the east corner of Packery Channel County Park, and the east corner of this tract, THENCE southwesterly, with the southeast boundary line of said Packery Channel County Park, to a point on the northeast right-of-way line of Park Road 22, for the POINT OF BEGINNING. LEGAL~AW~LE G-DIR~Doyle DCu~t is~fYDOCS~2002 ~P&ZO RD 02~An nexatio n. o rd~DDC 2002\Ord~Jon es. G LO. E ricLower. Beach. CoLa nd. &P arks. o rd. doc Page 9 of 17 EXHIBIT D METES AND BOUNDS FOR Mustang ISLAND TRACT 4 Tract 4: Nueces County Land South of Mustang Island State Park: Publicly owned tract of land comprising 221.00 acres and 4,211 feet of gulf beach frontage on Mustang Island surrounded by the existing City Limits and out of the William Bryan Survey 606, between the east right-of-way line of State Highway 361 and the existing City Limit line along the Gulf of Mexico shoreline, being the 1.37-foot line above Mean Sea Level based on U.S.G.S. and G.S. datum of 1929. Tract 4 is more particularly described by metes and bounds as follows: METES AND BOUNDS (Nueces County Land South of Mustang Island) 221.00 acres, more or less, out of the William Bryan survey No. 608, A-45, described in Document No. 888926, Nueces County, Texas, Deed Records, located southwest of adjacent to Mustang Island State Park, and more particularly described as follows; BEGINNING AT A POINT, on the southeast right-of-way line of existing State Highway 361, the north corner of a 137.73 acre tract, now or formerly owned by Eric C. Lower, described in Document No. 956588, Nueces County, Texas, Deed Records, for the west corner of the tract here-in described; THENCE, northeasterly with the southeast right-of-way line of said State Highway 361, its curves and its angles, to a point on the southwest boundary line of Mustang Island State Park, for a point on the present city limit line established by Ordinance No. 15415, dated March 19, 1980, and the north corner of this tract; THENCE, southeasterly, with said present city limit line, to a point on the 1.37 foot line above mean sea level of the Gulf of Mexico side of Mustang Island with elevation based on U.S.C. and G.S. datum of 1929, for a corner in present city limit line and the east corner of this tract; THENCE, southwesterly, with said present city limit line, to a point in line with the northeast boundary line of the aforementioned 137.73 acre tract, for the south corner of this tract; THENCE, northwesterly with the northeast boundary line of said 137.73 acre tract, to its north corner thereof for the POINT OF BEGINNING. Page 10 of 17 EXHIBIT E METES AND BOUNDS FOR Mustang ISLAND TRACT 5 Tract 5: Beach Front Property North of Zahn Road: Privately owned (Estate of Eric C. Lower) tract of land comprising approximately 9.23 acres and 2,009.79 feet of gulf beach frontage on Mustang Island, abutting the City Limits on the Gulf of Mexico shoreline, being the 1.37-foot line above Mean Sea Level based on U.S.G.S. and G.S. datum of 1929 and extending approximately 200 feet westward, and between County owned land and State leased land at JP Luby Surf Park. Tract 5 is more particularly described by metes and bounds as follows: METES AND BOUNDS (Beach Frontage north of Zahn Road) 9.23 acres, more or less, out of the William Bryan survey No. 606, A-45, located southeast of and adjacent to a 137.73-acre tract, now or formerly owned by Eric C. Lower, described in Document No. 956588, Nueces County, Texas, Deed Records, said 9.23-acre tract more particularly described as follows; BEGINNING AT A POINT, the intersection of the southwest boundary line of said 137.73-acre tract and the vegetation line along the Gulf of Mexico side of Mustang Island, a corner in the present city limit line establish by Ordinance No. 023889, dated December 28, 1999) for the southwest corner of the tract herein described; THENCE, northeasterly, with said vegetation line, the present city limit line, to a point on the southwest boundary line of a 221-acre tract, now or formerly owned by Nueces County, described in Document No. 888926, Nueces County, Texas, Deed Records, for the northwest corner of this tract; THENCE, southeasterly with the southwest boundary line of said 221-acra tract, to a point on the 1.37 foot line above mean sea level of the Gulf of Mexico side of Mustang Island with elevation based on U.S.C. and G.S. datum of 1929, for a point on the present city limit line established by Ordinance No. 015415, dated March 19, 1980, and the northeast corner of this tract; THENCE southwesterly, with said present city limit line, to a point in line with the southwest boundary line of the aforementioned 137.73-acre tract, for the southeast corner of this tract; THENCE, northwesterly with the southwest boundary line of said 137.73 acre tract, to a point on the vegetation line for the POINT OF BEGINNING. LEGAL~LAW~LEG~D~R~D~y~eD~ur~isVv1YD~S~2~2~P&Z~RD~2~Annexati~n~rd~DDC2002\0rd~J~nes.GLO.EricL~wer~Beach.~Land~&Parks~ord.dcc Exhibit F Page 11 of 17 Tract I Annexation Maps Tract 2 Walter, and GLO Beach Frontage Padre Balli Park Jones, Tract 3 Tracts 4 & 5 Packery Channel Park Nueces County Land South of Mustang Island State Park [Tract 4] and Beach Frontage North of Zahn Road (Estate of Eric C. Lower) [Tract 5)] LEGAL~.AVV~LEG-DIR~OoyIe DC u rlis~l YDOCS~2002~P&ZORD02~A n n exation, o rd ~DDC2002\O rdLJ o ne.s. G LO. E dcLowe r. Beach. CoLa nd. & P arks. o rd. doc Exhibit G Page 12 of 17 Service Plan for Padre Island and Mustang Island Tracts 1 Through 5 LEGALU.AVV~LEG-DIR~Doyle DC u rtisWIYDOC S~2002~P&ZO RD02~An n exatio n. ord~D DC 2002\0 rd~J ones. G LO. E dcLower. Beach,C o Land,& P a rks.ord.doc Exhibit G Page 13 of 17 Ae Be Service Plan for Padre Island and Mustang Island Tracts 1 Through 5 INTRODUCTION The City Council of the City of Corpus Christi, Texas, finds and determines that this Service Plan will not provide any fewer services or a lower level of service in the annexation area than were in existence in the annexation area at the time immediately preceding the annexation process. The service plan will provide the annexed area with a level of service, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other part of the municipality with topography, land use, and population density similar to those reasonably contemplated or projected in the area. Upon annexation of Padre Island and Mustang Island Tracts I Through 5, the City of Corpus Christi will provide city services by any of the methods by which it extends the services to any other area of the city. The City of Corpus Christi will assume maintenance of any new public streets, curb and gutters, after construction and acceptance by the City. Owners and/or developers of properties in the annexation area must comply with State law as well as City zoning, platting, building code, flood hazard prevention and all other code requirements. CITY SERVICES TO BE PROVIDED IMMEDIATELY UPON ANNEXATION 1. Police Protection The City of Corpus Christi, Texas, and its Police Department will provide police protection to the newly annexed area at the same level of service now being provided to areas of the City of Corpus Christi, Texas, with similar topography, land use and population density. These services include: · Normal patrols and responses; · Handling of complaints and incident reports; · Special units, such as traffic enforcement, criminal investigations, suppression, and special weapons and tactics team. narcotics, gang The area will be included in a patrol district that will receive 24-hour patrol coverage and primary patrol services with regularly scheduled officers. 2. Fire Protection/Emergency Medical Services The City of Corpus Christi, Texas, and its Fire Department will provide fire protection and ambulance service to the newly annexed tracts at the same level of service now being provided to other areas of the City of Corpus Christi, Texas, with similar topography, land use and population density. These services include: · Fire suppression and rescue; LEGAL~J-AVV~-EG-DI R~Doyle DCu rtis~l YDOCS~ 002~P&ZO RD02~An nexation, o rd~D DC2002~O nlm ones. G LO. E rtcLowe r, Be a ch. Co La nd. &Pa rks. ord. doc Exhibit G Page 14 of 17 Emergency medical services; Hazardous materials mitigation and regulation; · Emergency prevention and public education efforts; · Water rescue; · Technical rescue; Construction plan review; · Inspections; · Emergency management planning; · Rescue / hazardous materials unit. These services are provided, on a citywide basis, by 395 employees operating from 15 emergency fire stations and other non-emergency sites. All Corpus Christi Firefighters are certified by the Texas Commission on Fire Protection. Upon annexation the Corpus Christi Fire Department (CCFD) will provide service from Fire Station #15 located at 14402 Commodore Drive. Fire Station #15 has five firefighter personnel on duty 24 hours a day. Three firefighters are assigned to fire suppression and two firefighters are available for emergency medical response. Every Fire Unit is manned with at least one certified Emergency Medical Technician and every medical unit is manned with at least one Certified Emergency Medical Technician and one Certified Paramedic. If Station #15 is unavailable, CCFD will provide service from Station # 13 in Flour Bluff. All pumper, ladder trucks, and rescue units carry Automatic External Defibrillators for use with heart attack victims. 3. Solid Waste Collection After the effective date of annexation the City of Corpus Christi will provide solid waste services to single family residential customers directly or indirectly through a third party contract. Services currently provided by the City for single-family residences include: · Garbage collection; · Recycling collection - curbside recycling collection for residential customers; materials collected include newspaper, "junk mail," tin and aluminum can, glass bottles and jars, plastic bottles; · Brush pick up; and · Large and bulky material pickup. Commercial garbage collection service for businesses and multi-family residences is available on a subscription basis from private service providers. The City of Corpus Christi will allow commercial refuse collectors to continue providing this service to condominium complexes, multi-family apartments and commercial establishments. 4. Operation and Maintenance of Water and Waste Water Facilities Exhibit G Page 15 of 17 Any and all water or wastewater facilities owned or maintained by the City of Corpus Christi, Texas, at the time of the proposed annexation shall continue to be maintained by the City of Corpus Christi, Texas. Any and all water or wastewater facilities which may be acquired subsequent to the annexation of the proposed area shall be maintained by the City of Corpus Christi, Texas. Any and all water or wastewater facilities which may be the property of another municipality or other entities after the annexation will continue to be maintained by the municipality or entity. Existing water line mains at their current locations shall be available for point of use extension based upon the current City's standard water extension policies now existing or as may be amended. Individual septic systems may be acceptable if City and County standards are met. No septic tank systems are permitted between the vegetation line and the shoreline of the Gulf of Mexico. 5. Operations and Maintenance of Roads and Streets The City will maintain public streets over which the City has jurisdiction. Any and all roads, streets or alleyways which are dedicated to and accepted by the City of Corpus Christi, Texas, or which are owned by the City of Corpus Christi, Texas, shall be maintained to the same degree and extent that other roads, streets and alleyways are maintained in the City. Any and all lighting of roads, streets and alleyways which may be positioned in a right-of-way, roadway or utility company easement shall be maintained by the applicable utility company servicing the City of Corpus Christi, Texas, pursuant to the rules, regulations and fees of the utility. Street Department services include: · Emergency pavement repair; and · Maintenance of public streets. Following annexation, public streets for which the city has jurisdiction will be included in the City's preventive maintenance program. Preventive maintenance projects are prioritized on a Citywide basis and scheduled based on a variety of factors, including surface condition, rideability, age, traffic volume, functional class, and available funding. Any necessary rehabilitation or reconstruction will be considered on a citywide priority basis. The Traffic Engineering Division of the Engineering Services Department will also provide regulatory signage services in the annexation area. All regulatory signs and signals are installed when warranted following an engineering study. All roadways are re-striped and remarked and signage replaced as needed. 6. Operation and Maintenance of Parks, Playgrounds and Swimming Pools Any park that may be under the responsibility of the County will be maintained by the City only upon dedication of the park by the County to the City and City's acceptance of said park. In the event any such parks, playgrounds or swimming pools do exist, and such parks, playgrounds or public swimming pools are accepted as City owned public facilities Exhibit G Page 16 of 17 by the City of Corpus Christi, Texas, they will be maintained to the same extent and degree that parks, playgrounds and swimming pools and other similar areas of the City of Corpus Christi, Texas are maintained. 7. Operation and Maintenance of Beaches After annexation, any beach that becomes the responsibility of the City will be cleaned and maintained by the City unless the city contracts with another entity for beach cleaning services. It shall be the responsibility of the City of Corpus Christi to create and endorse plans for the maintenance, preservation and enhancement of public beaches and public beach access. Because of infrequent use, the beach frontages located in Kleberg County will require minimal maintenance and preservation. Beach cleaning and maintenance for beaches owned by another public entity shall continue to be the responsibility of that public entity. 8. Operation and Maintenance of Any Publicly Owned Facility, Building or Municipal Service The City Council of the City of Corpus Christi, Texas, is not aware of the existence of any publicly owned facility, building or other municipal service now located in the annexation area. In the event any publicly owned facility, building or municipal service is dedicated to and accepted by the City of Corpus Christi, the facility, building or municipal service will be maintained to the same extent and degree that publicly owned facilities, buildings or municipal services of the City of Corpus Christi, Texas are maintained. CITY SERVICES PROVIDED THROUGH THE ACQUISITION AND/OR CAPITAL IMPROVEMENT PROCESS WITHIN 2-112 YEARS FROM THE DATE OF ANNEXATION 1. Police Protection No capital improvements are necessary at this time to provide police protection. The City Council finds and determines that it has at the present time adequate facilities to provide the same type, kind and level of protection and service which is presently being administered to other areas already incorporated in the City of Corpus Christi, Texas, with the same or similar topography, land use and population density. 2. Fire Protection/Emergency Medical Services No capital improvements are necessary at this time to provide fire protection. The City Council finds and determines that it has at the present time adequate facilities to provide the same type, kind and level of protection and service which is presently being administered to other areas already incorporated in the City of Corpus Christi, Texas, with the same or similar topography, land use and population density. LEGAL`~-AW~LEG~D~R~D~y~eDCurUsW~YD~cS~2~2~P&z~RD~2~Annexati~n~rd~DD~2~2\~rd~J~nes~GLO.EricL~wer`Beach.~Land~&Parks~rd`d~c Exhibit G Page 17 of 17 3. Water and Wastewater Facilities The City Council of the City of Corpus Christi, Texas, finds and determines that water mains and wastewater collection lines exist within city limits which may be extended to provide service within the area to be annexed pursuant to the City's standard service extension policies now in existence or as may be amended by the City Council. 4. Street Extensions and Street Lighting New development will be required pursuant to the ordinances of the City of Corpus Christi, Texas, to provide internal and peripheral streets and to construct those streets in accordance with the specifications required by the City of Corpus Christi, Texas, for a properly dedicated street. Upon the effective date of annexation of the proposed area, the City of Corpus Christi, Texas, with a cooperative effort of the City's designated electric utility franchise company, will undertake to provide the same degree of road and street lighting as is provided in areas of similar topography, land use and population density within the present corporate limits of the City of Corpus Christi, Texas. Maintenance of lighting for roads and streets which are properly dedicated to and accepted by the City of Corpus Christi will be consistent with the maintenance provided by the City to other roads and streets in areas of topography, land use and population density similar to the annexed property. SPECIFIC FINDINGS The City of Corpus Christi will provide services to the newly annexed area in a manner that is similar in type, kind, quantity, and quality to service presently enjoyed by the citizens of the City of Corpus Christi, Texas, who reside in areas of similar topography, land utilization and population density. CITY COUNCIL AGENDA MEMORANDUM City Council Meeting - March 26, 2002 AGENDA ITEM: A. Ordinance appropriating $23,000 from the Reserve for Capital Projects in Golf Fund No. 4690 for an Area Golf Market Analysis and Feasibility Study; amending Ordinance No. 024528 which adopted the FY2002 Operating Budget to increase appropriations by $23,000; and declaring an emergency. B. Motion authorizing the City Manager, or his designee, to execute an Area Golf Market Analysis and Feasibility Study contract in the amount of no greater than $23,000 with National Golf Foundation Consulting, Inc. ISSUES: For several years the municipal golf courses have been collecting surcharge funds for use on capital projects, specifically an anticipated third golf course. In the Fall of 2001, the Corpus Christi City Council authorized the Park and Recreation Department to send out a Request For Proposal to do a market analysis and feasibility study regarding a potential third golf course. The RFP was sent out and seven organizations responded. After review of the submitted proposals, staff determined that the best candidate for the study is National Golf Foundation Consulting, Inc. (NGFC, Inc.). NGFC, Inc. has submitted a proposal which specifies a maximum fee for the Area Golf Market Analysis and Feasibility Study of $23,000. FUNDING: Funds for this project are available in Golf's "Funds Reserved for Future Construction." The dollar amount of this contract needs to be allocated from the Reserved for Future Construction balance. RECOMMENDATION: Staff recommends approval of the ordinance and motion as presented. ADDITIONAL SUPPORT MATERIAL Background Information Agreement Summary Ordinance Marco A. Cisneros, Director, Park and Recreation X X AGENDA MEMORANDUM BACKGROUNDINFORMATION PRIOR COUNCIL ACTION: December 11,2001 - City Council approved a Motion authorizing the release of a Request for Proposals and Statement of Qualifications for an Area Golf Market and Feasibility Study for the City of Corpus Christi, Texas. FUTURE COUNCIL ACTION: Approval of recommendations submitted as a result of the market analysis and/or feasibility study. PROJECT BACKGROUND: Since fiscal year 1997-1998 the two municipal golf courses have been collecting a surcharge on all Green Fees in order to help finance future capital projects, specifically a potential third golf course. On December 11,2001 the Corpus Christi City Council authorized the Park and Recreation Department to issue a Request For Proposal for a golf market analysis and 3rd golf course feasibility study. The submissions to this RFP were received n January 30, 2002 and reviewed in February, 2002. Upon approval of the appropriation of monies from the surcharge fund and approval of the proposed contract between the City of Corpus Christi, Texas and National Golf Foundation Consulting, Inc., the consultant will move forward with the market analysis and feasibility study. PROJECT DESCRIPTION: The project is divided into two distinct elements. The first studies the area golf market as it applies to the Corpus Christi metropolitan area. The second is a general analysis as to the economic feasibility of the City developing a third golf course facility in the Corpus Christi area and/or making other improvements to its existing two golf course facilities. CONTRACT SUMMARY/FEE: A contract summary and fee breakdowns are attached FINAL PRODUCT: Two final products are anticipated: the first is an area golf market analysis. The second product is contingent on the results of the first product. If the market analysis indicates the need for additional golfing facilities and the City Council chooses to fund the additional Professional Services, NGFC, Inc. will perform and provide an economic feasibility study for various locations for a 3Cd golf course and/or the expansion of facilities at either of the existing courses. AGENDA MEMORANDUM AGREEMENT SUMMARY The City of Corpus Christi agrees to engage the National Golf Foundation Consulting, Inc. ("Consultant") to perform the following services: Provide a current overview of the golf industry, including trends in golf course play, demographics, development, ownership and management at the nationla, state, and local levels; 2. Provide a market profile of other golf courses located within the Corpus Christi metropolitan area (50 mile radius); 3. Define the present demand for golf within the Corpus Christi area and compare that demand and supply of golf to industry standards; 4. Estimate the costs associated with developing a third municipal golf course facility and its related amenities; Develop financial projections of potential income and expenses required to maintain the course and retire the debt associated with the proposed golf course facility...in order to determine necessary green and cart fees, rounds, pro shop sales and food and beverage sales; Present economic feasibility conclusions for the development of a third municipal golf course facility and other improvements to the two existing golf course facilities in the City given the current market conditions; 7. Provide written reports (draft and final) detailing Consultant's findings and analysis; 8. Orally present the final written report to the City of Corpus Christi's City Council. Said services will be provided at a full cost of $13,000. Approved out-of-pocket expenses will be reimbursed (not to exceed $2,000 without express prior written approval of City). 10. Additionally, if a third golf course is deemed viable by the analysis performed by Consultant, the Consultant will be asked to evaluate and propose the suitability of possible locations for the third course as an additional service and at an additional fee (not to exceed $8,000). ORDINANCE APPROPRIATING $23,000 FROM THE RESERVE FOR CAPITAL PROJECTS IN GOLF FUND NO. 4690 FOR AN AREA GOLF MARKET ANALYSIS AND FEASIBILITY STUDY; AMENDING ORDINANCE NO. 024528 WHICH ADOPTED THE FY2002 OPERATING BUDGET TO INCREASE APPROPRIATIONS BY $23,000; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $23,000 is appropriated from the reserve for Capital Projects in Golf Fund No. 4690 for an area golf market analysis and feasibility study. SECTION 2. That Ordinance No. 024528 which adopted the FY2002 Operating Budget is amended to increase appropriations by $23,000. 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 role 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 ,2002. ATTEST: THE CITY OF CORPUS CHRISTI Annando Chapa City Secretary Samuel L. Neal, Jr. Mayor LEGAL FORM APPROVED JAMES R. BRAY, JR. CITY ATTORNEY ,2002; By: Lisa Aguilar ~ Assistant City Attorney Notes and Comments