HomeMy WebLinkAboutAgenda Packet City Council - 05/28/2002CITY
COUNCIL
AGENDA
"Corpus Christi Celebrating 150 Years"
May 28, 2002
12:00 p.m. - Public notice is hereby given that the Reinvestment Zone Number 2 Board which includes members
of the City Council will meet on May 28, 2002 at 12:00 p.m. in the 6th floor conference room at City Hall to designate
Treasurer and Assistant Treasurer, provide an update on the Packery Channel Project, and to designate the
financing team for the issuance of bonds as the local share of the North Padre Island Storm Damage Reduction and
Environmental Restoration Project and to discuss other matters related to the reinvestment zone.
1:45 p.m. Swearing-in Ceremony for Newly Appointed Board, Commission and Committee Members
AGENDA
CiTY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD
MAY 28, 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 eadier. Please speak into the microphone located at the podium and state your name
and address. Your presentation 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 din'girse al Concilio y cree que su ingl~s es limitado, habr~ un int&rprete ingl~s-espa~ol en todas las juntas del
Concitio para ayudarle.
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to
contact the City Secretary's office (at 361-880-3105) at least 48 hours in advance so that appropriate arrangements can be
made.
A. Mayor Samuel L. Neal, Jr. to call the meeting to order.
B. Invocation to be given by Dr. Dan Morris, South Church of Christ
C. Pledge of Allegiance to the Flag of the United States.
D. City Secretary Armando Chapa to call the roll of the required Charter Officers.
Mayor Samuel L. Neal, Jr.
Mayor Pro Tem Bill Kelly
Council Members:
Brent Chesney
Javier D. Colmenero
Henry Garrett
Rex A. Kinnison
John Longoria
Jesse Noyola
Mark Scoff
City Manager David R. Garcia
City Attomey James R. Bray, Jr.__
City Secretary Armando Chapa
Agenda
Regular Council Meeting
May 28, 2002
Page 2
Ew
1.
F.
G.
MINUTES:
Approval of Regular Meeting of May 21,2002. (Attachment # 1)
BOARDS & COMMITTEE APPOINTMENTS: (NONE)
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
ratherthan a ~vo reading ordinance; or may modify the action specified.
A motion to reconsider may be made at this meeting of a vote at the
last regular, or a subsequent special meeting; such agendas are
incorporated herein for reconsideration and action on any reconsidered
item.
PUBLIC HEARINGS: (Approximately 1:00 p.m.)
Public Hearing on the FY2002 - 2003 Budget adopted by the
Crime Control and Prevention District Board of Directors.
(Attachment # 2)
SPECIAL BUDGET PRESENTATION:
Presentation of Proposed FY2002-2003 Operating Budget
(Attachment # 3)
CONSENT AGENDA
Notice to the Public
The following items are of a reutine or administretive 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 for individual consideration in its normal sequence afterthe items not
requiring separate discussion have been acted upon. The remaining items will
be adopted by one vote.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
May 28,2002
Page 3
CONSENT MOTIONS. RESOLUTIONS, ORDINANCES AND ORDINANCFR
FROM PREVIOUS MEETINGS:
(At this point the Council will vote on all motions, resolutions and ordinances not
removed for individual consideration)
Motion authorizing the City Manager or his designee to execute
a Novation Agreement (Assignment) with Oklahoma Surety
Company and Mid-Continent Casualty Company and King Isles,
Inc., contractor, to complete construction of the Omaha Drive
Street Improvement Project. (Attachment # 4)
o
Motion authorizing payment of the Special Commissioners'
condemnation award of $37,000 for the acquisition of Parcel 1,
consisting of a Utility and Temporary Construction Easement,
both located at the comer of Saratoga Boulevard and Greenwood
Drive to construct wastewater improvements in connection with
the Carolyn Heights Diversion to Greenwood Wastewater
Treatment Plant - 30-inch line, Project No. 7196, and for other
municipal purposes. (Attachment # 5)
Motion authorizing the City Manager or his designee to execute
a construction contract with Mitchell's Unlimited of Robstown,
Texas, in the amount of $84,950 for the Rincon Channel and U.S.
Highway 181 Observation Decks (Wetlands Interpretative
Overlook). (Attachment # 6)
Motion authorizing the City Manager or his designee to use a
portion of the design and construction funds, from the Garcia Arts
Education Center Area, Street Improvements, Phase I Project
(Design & Construction) approved under the FY2000
Consolidated Annual Action Plan (CAAP) towards right-of-way
acquisition and relocation, in the Garcia Arts Education Center
Area, Street Improvements, Phase 2 Project (Design & Property
Acquisition) also approved in the FY2000 CAAP. (Attachment #
7)
o
Resolution authorizing the resale of ninety-seven (97) properties
shown on the attached and incorporated exhibits which were
foreclosed upon for failure to pay taxes, for minimum opening bid
amounts of 10% of the most recent appraised value for 18
properties which did not sell at last year's auction, and 30% of the
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
May 28,2002
Page 4
10.
11.a.
11.b.
11.c.
12.
most recent appraised value for 79 properties; authorizing the
Nueces County Judge to execute a resale deed for each of the
properties listed. (Attachment # 8)
Resolution authorizing the City Manageror his designee to submit
a grant application to the U.S. Department of Housing and Urban
Development in the amount of $400,000 for a Youth Build Grant
to provide youth, between the ages of 16-24 years, the
opportunity to earn a Graduation Equivalency Degree (GED),
receive training in construction, and build homes for Iow-income
families, with $243,000 in cash and in-kind contributions from the
Youth Opportunities United, KPE-Development, Gill Roofing,
Nueces County CommunityAction Agency, Nueces County Public
Health District, Workforce Network, Corpus Christi Independent
School District, and Regional Transportation Authority, and a
$15,000 in-kind match from the City of Corpus Chdsti Weed and
Seed Program, and a total project cost of $658,000. (Attachment
#9)
Motion approving the submission of FY2002-2003 Community
Youth Development Programs in the amount of $500,000 to the
Texas Department of Protective and Regulatory Services as
recommended by the 78415 Community Youth Development
Steedng Committee. (Attachment # 10)
Motion granting permission to Bamey's Place, Inc. for pilings
installation at the Corpus Christi Marina. (Attachment # 11 )
Motion granting permission to the Regional Transportation
Authority (RTA) for pilings installation at the City Barge Dock and
at the Texas State Aquarium. (Attachment # 11)
First Reading Ordinance - Amending Section 12-2 of the Code of
Ordinances, City of Corpus Christi, regarding placing obstructions
in Corpus Chdsti Bay; providing for penalties. (Attachment # 11)
Resolution authorizing the City Manager or his designee to submit
a grant application to the Texas Department of Public Safety
Division of Emergency Management in the amount of $70,000
under the FY 2002 Pre-Disaster Mitigation Program to develop a
Pre-Disaster Mitigation Action Plan, with a city in-kind match of
$24,000 and a total project costs of $94,000. (Attachment # 12)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
May 28, 2002
Page 5
13.a.
13.b.
14.a.
14.b.
15.
16.
Motion authorizing the City Manager or his designee to accept a
renewal grant in the amount of $1,227 and execute a contract
with the Corporation for National and Community Service for the
continuation of the Senior Companion Program. (Attachment #
13)
Ordinance appropriating a grant in the amount of $1,227 from the
Corporation for National Service in the No. 1050 State and
Federal Grants Fund for the continuation of the Senior
Companion Program. (Attachment # 13)
First Reading Ordinance - Authorizing the City Manager or his
designee to execute Amendment No.1 to the Joint Use Parking
Agreement between All Saints' Episcopal Church and the City of
Corpus Chdsti, authorized by Ordinance No. 021588 on March
9,1993, to revise the parking premises. (Attachment # 14)
First Reading Ordinance - Authorizing the City Manager or his
designee to execute Amendment No. 1 to the lease for Jaycee
Field between the Corpus Christi Independent School District and
the City of Corpus Chdsti, authorized by Ordinance No. 022811
on January 7, 1997, to revise duties related to maintenance of the
parking lot. (Attachment # 14)
Second Reading Ordinance -Authorizing the City Manager or his
designee to execute a five-year lease with Corpus Christi United
Little Miss Kickball, a non-profit organization, and an affiliated
member of Little Miss Kickball International, Inc., a non-profit
corporation, for the use of a portion of Bill Witt Park for its kickball
program and in consideration of Corpus Chdsti United Little Miss
Kickball maintaining the premises and improvements. (First
Reading - 4/30/02) (Attachment # 15)
Second Reading Ordinance - Amending Section 12-45.1, Code
of Ordinances, relating to occupancy of vessels in the marina.
(First Reading - 5/21/02) (Attachment # 16)
PRESENTATIONS:
Public comment will not be solicited on Presentation items.
Corpus Chdsti Regional Economic Development Corporation,
Quarterly Update (Attachment# 17)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
May 28,2002
Page 6
18.
Texas Department of Transportation State Highway 358 (South
Padre Island Ddve) Bottleneck Study Progress Report
(Attachment # 18)
19.
Air Quality Committee Research and Planning for the Corpus
Chdsti Urban/Airshed (Related action item, L. 20)(Attachment #
19)
L=
REGULAR AGENDA
CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES:
20.
Resolution authorizing the City Manager or his designee to
execute a Memorandum of Agreement with the U.S.
Environmental Protection Agency and the Texas Natural
Resources Conservation Commission providing for the
implementation of locally defined emission control programs;
should the one-hour federal ozone standard be violated in lieu of
immediate redesignation to non-attainment. (Attachment # 20)
21.
Motion authorizing the City Manager or his designee to execute
a contract for professional services with WRCHowell, Inc., of
Cleveland, Ohio (d.b.a. SFMG) for a fee of $45,000 plus
expenses and a commission not to exceed seven percent (7.0%)
of the Gross Revenue generated from any Naming Rights
Agreement entered into by City of Corpus Chdsti. (Attachment #
21)
22.
Motion approving the selection of Financial Advisor Coastal
Securities; Co-Underwriters, M.E. Allison and Company and Dain
Rauscher, and Bond Counsel, McCall Parkhurst for Packery
Channel. (Attachment # 22)
23.
Motion authorizing the proposed South Guth Park Master Plan
Project. (Attachment # 23)
24.
Discussion and possible consideration of lease negotiations
between the City of Corpus Chdsti and Landlord Resources, Inc.
on the South Wharf Project. (Attachment # 24)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
May 28,2002
Page 7
M. PUBLIC COMMENT FROM THE AUDIENCE ON MATTER,~
NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT
APPROXIMATELY 5:30 P.M. OR AT THE END OF THF
COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASF
LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN
TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD,
PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL
CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A
recording is made of the meeting; therefore, please speak into the microphone
located at the podium and state your name and address. If you have a petition
or other information pertaining to your subject, please present it to the City
Secretary.)
Si usted se dirige a la junta y cree que su ingl&s es limitado, habr~ un int&rprete
ingl~a-espa~ol en la reunion de la junta para ayudade.
PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF
PERSON, OR MEMBERS OF THE AUDIENCE SHALL
BERATE, EMBARRASS, ACCUSE, OR SHOW ANY
PERSONAL DISRESPECT FOR ANY MEMBER OF THE
STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY
COUNCIL MEETING.
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 Cib/ 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.
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 conce, ms; currant topics raised by media; follow-up on Staff
assignments; scheduling of future Council meetings and activities; and
other brief discussions regarding city-related matters.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
May 28,2002
Page 8
25. CITY MANAGER'S REPORT
* Upcoming Items
26. MAYOR'S UPDATE
27. COUNCIL AND OTHER REPORTS
P. ADJOURNMENT:
POSTING STATEMENT:
Thi~ agenda was posted on the City's official bulletin board at the front entrance
to City Hall, f 201 Leopard Street, at 2:30 p.rn., May 24 ,2002.
Armando Chapa
City Secretary
NOTE:
The City Council Agenda can be found on the City's Home
Page at www. ci.con3us-christi.tx, us after 7:00 p.m. on the
Friday before regularly scheduled council meetings. If
technical problems occur, the agenda will be uploaded on
the Internet by Monday morning.
Symbols used to highlight action item that Implement
council priority issues.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at I~e end of the
agenda summary)
2001-2002
CiTY COUNCIL GOALS
AND
PRIORITY ISSUES
Mrlmrt / Seawall / Co~x~ntion Center / Arena
Continue quarterly t~orting process for these initiatives.
'86 Bond Iuue Imnrovements
Update status on Senior Centers.
Provide communication on completion of these projects (e.g. "Report to the Community").
Continlle community involvement on issues such as Leopard Street improvements.
Privati~tion / Re-EnMueerint
Clearly define "pfivatization'' and "re-engineering."
Make decision~ regarding privafization 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.
· 1V~taln the 5-year forecast model,
· Review the August I budget adoption deadline.
Crime Control and Prevention
· Continue implementation of the Comm~lrlity Policing initiative.
· Establish date for Crime ConSol and Prevention District election.
Continue City participation in Youth Opportunities United a~ other youth crime initiatives,
Emnlovee 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
Economic Develoument Sales Tax
· Establish election date.
Store Water Utility
· Reconsider implem,ntafion plan for a Storm Water Utility.
Packerv Channel
· Continue quarterly rapol~s on the pwgrcss of the TIF and Beach Restoration Project.
Landfill
· Continue to evaluate the efficiency and effectiveness of operntions.
· Examl.e alternatives for solid wnste m~nnsement $¥~m, including prlvnti~ttion.
lnternct
· Continue regular updates and e×pnnsion of the City's web site, includin~ individual council
member web pa~s.
· Establish tnrgct date for online permitting proc~s.
· Commun~onte brush pickup vi~ e-mall.
CDI~(~
· Continue active role.
Frost Bank Buiklin~
· Lease and complete renovation
Annexation Plan
~* Implement current island ~mnexation plan
ADA Transition Plan
· Develop and approve ADA Transition Plan w~thin 90 days.
l~tstrictln~
· Develop Council*approved redistricting plan for the City of Corpus Christi
Industrial District Contract
· Review Industrial District contracts and determine date for approval
Coancil Action Items
· Staff completes action requests in a timely manner.
City ] County ltealth Issues
· Continue discussions with County to determine structure and process for the most effective
and efficient delivery of health services
Markctin~ of CC Museum and Colnmb~ls Shius
· Continue to develop marketing plans for the Muse~!m of Science and History and the
Columbus Fleet
Relallonships with Other Governments
Development Initiative Packages
*Park P~habilitation
*Leopard Street Curbs and Gutters
Economic Development Snmmit and Post-Summit Meetings
Agnes-Laredo Corridor Market (studies, plans)
*Solid waste / Pickup
Base Closures
**Northwest Library
Northsid~ Development Plan
Traffic Controls (cb~nn_eling, studying on/off ramps on SPID)
*Five Points Ambulance
Effluent Plan for Leopard Medians
RTAmPubli¢ Improvements
Arts and Sciences Park Plan
Budget Item
** Capital Improvement Program Item
NEW PRIORITY INITIATIVES AND ISSUES
City staff wlll develop and present to City Council action/implementation plans for the following priority
Desalination Pilot Project
*Code Enforcemem in Trashy Neighborhoods
*Employee Classification Study
Ma stet Drainage Plan
Garwood Water
*New (loft Course
*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)
Housing Emphasis / Process (older neighborhoods, working class neighborhoods)
**Road Projects
Southside Traffic Plan
1
PRESENT
Mayor Samuel L. Neal Jr.
Mayor Pro Tem Bill Kelly
Council Members:
Brent Chesney
Javier D. Colmenero
Henry Garrett
Rex A. Kinnison
John Longoria*
Jesse Noyola
Mark Scott
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
May 21, 2002 - 12:00 p.m.
Ci_ty 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 Rev. Derrick Reeves, St. John Baptist Church, and the Pledge of Allegiance to the
United States flag was led by Council Member Scott. City Secretary Chapa called the roll and
verified that the necessary quorum of the Cotmcil and the required charter officers were present to
conduct the meeting. Mayor Neal called for approval of the minutes of the regular Council meeting
of May 14, 2002. A motion was made and passed to approve the minutes as presented.
Mayor Neal said the Council would be going into executive session pursuant to Texas
Government Code Section 551.071 regarding Items 2.a., 2.b., 2.c. and 2.d. and pursuant to Texas
Government Code Sections 551.071, 551.072 and 551.087 on Item 2.e. The items were listed on the
agenda as follows:
2.a. Executive session pursuant to Texas Government Code Section 551.071 regarding Larry
Young et al v. City of Corpus Christi, No. 01-647-C, 94th District Corot, Nueces County,
Texas, and Mary Collins et al v. City of Corpus Christi, No. 01-646-C, 94th District Court,
Nueces County, Texas, with possible discussion and action related thereto in open session.
2.b. Executive session pursuant to Texas Government Code Section 551.071 regarding David
Cook v. City of Corpus Christi, No. C-01-341, United States District Court for the Southern
District of Texas, Corpus Christi Division, with possible discussion and action related thereto
in open session.
Executive session pursuant to Texas Government Code Section 551.071 regarding proposed
Thomas J. Henry sign, with possible discussion and action related thereto in open session.
Executive session pursuant to Texas Government Code Section 551.071 regarding cable
television franchise issues, with possible discussion and action related thereto in open
session.
Executive session pursuant to Texas Government Code Sections 551.071, 551.072 and
551.087 regarding the South Wharf Project in the Corpus Christi Marina, with possible
discussion and action related thereto in open session.
Minutes - Regular Council Meeting
May 21, 2002 - Page 2
The Council went into executive session. *Council Member Longoria arrived at
approximately 12:05 p.m. The Council returned from executive session. Mayor Neal made the
following motion, which was seconded and passed as follows:
2.a. M2002-136
Motion authorizing the City Manager, in Lan'y Young et al v. City of Corpus Christi, No. 01-
647-C, and Mary Collins et al v. City of Corpus Christi, No. 01-646-C, 94th District Court,
Nueces County, Texas, to continue the employment of Denton, Navarro, and Bemal for legal
services, subject to certification of funds.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
Mayor Neal referred to Item 3 and the following board appointments were made:
Animal Control Advisory_ Committee
Leonides Botello Jr.
Sherry Dunlap
Water Shore Advisory_ Committee
Alan Dinn (Reappointed)
Steven Moody (Reappointed)
Tom Anderson (Reappointed)
Dr. JoAnna Mott (Reappointed)
William Grant Fergeson
Coastal Bend Health Facilities Dev, Corp,
Jack Solka (Reappointed)
Erika Escobedo-Benson (Reappointed)
Judy Telge (Reappointed)
Dr. Richard Davis (Reappointed)
Annie J. Castro (Reappointed)
Dr. Lawrence Wilk (Reappointed)
Dan Winship (Reappointed)
Electrical Adviso~ Board
Shane Torno
Mayor Neal called for consideration of the consent agenda (Items 4-15). Council members
and an audience member requested that Items 10 and 13 be discussed. City Secretary Chapa polled
the Council for their votes and the following passed:
4. M2002-137
Motion approving a supply agreement with National Meter Inc., of Lancaster, Ohio, for
approximately 4,625 gas meter valves ranging in size from 1" to 1½" in accordance with Bid
Invitation No. BI-0074-02 based on low total bid for an estimated annual expenditure of
$47,275. 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 by the Gas Department for
FY2001-2002.
Minutes - Regular Council Meeting
May 21, 2002 - Page 3
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kiunison, Longoria, Noyola, and Scott voting "Aye."
5. M2002-138
Motion authorizing the City Manager or his designee to execute a construction contract with
N.R. Johnston Electric Inc. of Corpus Christi, Texas, for a total fee not to exceed $42,104
for the Wesley Scale Dam operations center emergency generator.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
Motion authorizing the City Manager or his designee to execute Change Order No. 3 with
Insituform Technologies Inc., of Houston, Texas, in the amount of $182,861.75 for the
sanitary sewer mink main rehabilitation (Staples/Timbergate).
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kiunison, Longoria, Noyola, and Scott voting "Aye."
7. M2002-140
o
Motion authorizing the City Manager or his designee to execute Amendment No. 5 to an
engineering services contract with Bath Engineering Inc., of Corpus Christi, Texas, in the
amount of $39,650 for a total re-stated fee of $559,978 for the wastewater microwave
communication system.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
ORDINANCE NO. 024878
Ordinance abandoning and vacating a 5,834-square foot portion of a 10-foot wide utility
easement out of Lots lA and 2, Share III, C.C. Hart Partition; requiring the owner, Nueces
County Emergency Services District No. 1 (Annaville Volunteer Fire Department) to comply
with the specified conditions and replat the property within 180 days at the owner's expense.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kiunison, Longoria, Noyola, and Scott voting "Aye."
Motion authorizing the City Manager or his designee to accept funding in the amount of
$17,987.89 from the West Oso Independent School District E~-MC2, 21st Century grant
Minutes - Regular Council Meeting
May 21, 2002 - Page 4
program to provide a structured summer recreation program for junior high students.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
9.b. ORDINANCE NO. 024879
Ordinance appropriating $17,987.89 from West Oso Independent School District E=MC2,
21 a Century grant program in the No. 1050 Federal/State Grants Fund to provide a structured
summer recreation program for junior high students.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kiunison, Longoria, Noyola, and Scott voting "Aye."
9.c. RESOLUTION NO. 024880
Resolution authorizing the City Manager or his designee to execute an interlocal cooperation
agreement with West Oso Independent School District to operate a summer teen recreation
program.
The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
11.a. ORDINANCE NO. 024882
Ordinance appropriating $462,181 from increased revenues of the Hotel Occupancy Tax
Fund and transferring the full amount to the General Fund to be used for beach maintenance
and safety of newly annexed property on Mustang Island; amending Ordinance No. 024528
which adopted the FY2001-2002 budget by increasing both revenues and appropriations by
$462,181 in the Hotel Occupancy Tax Fund.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
11.b. ORDINANCE NO. 024883
Ordinance appropriating $525,671 from increased revenues of the General Fund to be used
for beach maintenance and safety of newly annexed property on Mustang Island; amending
Ordinance No. 024528 which adopted the FY2001-2002 budget by increasing both revenues
and appropriations by $525,671 in the General Fund.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kiunison, Longoria, Noyola, and Scott voting "Aye."
Minutes - Regular Council Meeting
May 21, 2002 - Page 5
12.a. M2002-142
Motion authorizing the City Manager or his designee to execute a contract with Collier,
Johnson and Woods to perform the financial and compliance audit requirements for fiscal
years ending July 31, 2002 and July 31, 2003, in the estimated amount of $123,000 for fiscal
year 2001-2002, and an estimated amount of $130,000 for fiscal year 2002-2003 subject to
the availability of funds.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
12.b. M2002-143
14.
Motion authorizing the City Manager or his designee to contract as needed with Collier,
Johnson and Woods for additional assistance in the CAFR (Comprehensive Annual Financial
Report) preparation for implementation of the new GASB (Governmental Accounting
Standards Board) Statement No. 34 financial reporting model at their standard hourly rate,
at an estimated amount of $10,000 subject to the availability of funds.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
ORDINANCE NO. 024884
Ordinance appropriating $60,000 from the Refinery Terminal Fire Company in the No. 1020
General Fund, Contributions and Donations Fund, for the purchase of information and video
displaying system for the City's Emergency Operations Center (EOC).
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
ORDINANCE NO. 024885
Ordinance authorizing the City Manager or his designee to execute a five-year lease with
Santa Fe Soccer League, a non-profit organization, for the use of city property, North Pope
Park and South Pope Park, for its soccer program and in consideration of Santa Fe Soccer
League maintaining the premises and improvements.
The foregoing ordinance passed on second reading by the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
Mayor Neal opened discussion on Item 10, "C Sculptures" event. Responding to Council
Member Kinnison, City Manager Garcia said the problems that have arisen regarding this event have
Minutes - Regular Council Meeting
May 21, 2002 - Page 6
to do with Nueces County and not the city. He said city staffhas had several meetings with the event
promoters since this is the first year it will occur under city permitting requirements. He said the
Police Department has helped them address several issues, including their liquor license, and this
permit reflects the substance of that agreement. He noted that some of the event will occur in a
county park and they have their own requirements. City Secretary Chapa polled the Council:
10. RESOLUTION NO. 024881
Resolution authorizing the issuance of a permit to Clear Channel Radio for the outdoor
music festival, "C Sculptures," on the Gulf Beach at Newport Pass County Park in the
Corpus Christi City limits.
The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
Mayor Neal opened discussion on Item 13, legal services contract.
Mr. J.E. O'Brien, 4130 Pompano, quoted from the Council members' oath of office and from
Article IV, Administration, Section 7 regarding certification of funds and Section 9, which states that
contracts and ordinances that are adopted contrary to the previous sections of the charter shall be
void. He said the Council's previous action to hire Fulbright & Jaworski was a violation of the
charter because funds were not certified prior to that action which, he said, is null and void. In
addition, he said action on Item 13 will also violate the charter.
Mayor Neal asked City Attorney Bray to respond to Mr. O'Brien's comments. Mr. Bray said
the charter states that a contract may not be entered into prior to certification of funds. He said the
Council authorized the City Manager to execute a contract subject to the certification of funds, and
he cannot execute the contract until the funds are certified. He said that is in conformity with the
charter. City Secretary Chapa polled the Council for their votes as follows:
13. M2002-144
Motion authorizing the City Manager to execute a legal services contract with Michael Terry,
Attorney at Law, to serve as co-counsel with Fulbright & Jaworski, LLP, to represent the city
in its negotiations with Leon Loeb on the South Wharf Project and with Landry's Restaurants
Inc. on the city's marina operations and development project, subject to certification of
funds.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kiunison, Longoria, Noyola, and Scott voting "Aye."
Minutes - Regular Council Meeting
May 21, 2002 - Page 7
Mayor Neal opened discussion on Item 16, sculpture garden near the arena and convention
center. City Manager Garcia said there was a detailed presentation on this issue on April 30, 2002.
There were no comments from the audience. City Secretary Chapa polled the Council for their votes:
16. M2002-145
Motion authorizing initiation of contract negotiations with artists Michael Manjarris for the
complete development and installation of a sculpture garden to include six artists: Luis
Jimenez, James Surls, Charmaine Locke, John Buck, Mci Chin and Michael Manjarfis for
the convention center/arena project in the amount of $500,000.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
Mayor Neal opened discussion on Item 17, Reinvestment Zone No. 2 board of directors. City
Secretary Chapa said that Council Members Garrett and Kelly would be abstaining on this item. He
said the terms on that board oftbe other seven Council members have expired and new members
have to be appointed prior to the board meeting on May 28, 2002. There were no comments fi.om
the audience. Mr. Chapa said the Council can appoint more members if they wish. In November
2000 they appointed seven Council members because Council Members Garrett and Arnold
Gonzales had filed disclosure affidavits regarding this issue.
Responding to Mayor Neal, Mr. Garrett and Mr. Kelly both said they were abstaining because
they own property on Padre Island. There was a motion to appoint the following to the Corpus
Christi Reinvestment Zone No. 2 Board of Directors: Mayor Neal and Council Members Chesney,
Colmenero, Kinnison, Longoria, Noyola, and Scott. Mr. Chapa polled the Council for their votes:
17. M2002-146
Motion appointing City of Corpus Christi board member representatives to Corpus Christi
Reinvestment Zone No. 2 Board of Directors.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Kinnison,
Longoria, Noyola, and Scott voting "Aye"; Garrett and Kelly abstaining.
In reply to Mr. Kinnison, Mr. Bray said the Nueces County Hospital District, Del Mar
College, Nueces County, and the Flour Bluff ISD have the right to appoint a member to the board.
Mayor Neal opened discussion on Item 18, Mustang Island Fire Substation and Park and
Recreation beach services facility. Mr. Angel Escobar, Director of Engineering Services, said that
on November 14, 2000 voters approved the construction of Substation # ! 6 and the city has acquired
Minutes - Regular Council Meeting
May 21, 2002 - Page 8
two acres of land out of the northern-most portion of Mustang Island State Park. He said the bids
came in below the architect's estimate and he further explained these projects and responded to
Council members' questions. He noted that barring any delays, the fire substation should be ready
for occupancy by October 2002. There were no comments from the audience. City Secretary Chapa
polled the Council for their votes as follows:
18.a. ORDINANCE NO. 024886
Ordinance appropriating $235,357 from the Unappropriated Street Assessments in Street
Capital Projects Fund No. 3530 for the construction of the Mustang Island Fire Substation
and Parks and Recreation beach services facility; amending Ordinance No. 024730, which
adopted the FY2002 Capital Budget to increase appropriations by $235,357.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
18.b. M2002-147
Motion authorizing the City Manager or his designee to execute a construction contract with
Southern Contracting Inc., of Corpus Christi, Texas in the amount of $473,800 for the
Mustang Island Fire Substation and Parks and Recreation beach services facility.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
Mayor Neal opened discussion on Item 19, formal adoption of the Consolidated Annual
Action Plan. There were no comments from the audience. City Secretary Chapa polled the Council:
19.a. M2002-148
Motion adopting the FY2002 Community Development Block Grant (CDBG), Emergency
Shelter Grants (ESG) and the HOME Investment Partnerships (HOME) programs.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
19.b. RESOLUTION NO. 024887
Resolution adopting the City of Corpus Christi Consolidated Annual Action Plan (CAAP)
for community planning and development programs for FY2002; authorizing the City
Manager or his designee to submit the CAAP to the U.S. Department of Housing and Urban
Development; and authorizing the City Manager or his designee to make changes in the
CA. AP if required by the U.S. Department of Housing and Urban Development.
Minutes - Regular Council Meeting
May 21, 2002 - Page 9
The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
Mayor Neal opened discussion on Item 20, occupancy of vessels in the marina. Mr. Tony
Cisneros, Director of Park and Recreation, said the agenda support material contains both the
Water/Shore Advisory Committee's recommendations and staff's recommendations (which are
similar but with some differences in wording). City Manager Garcia said the proposed changes
would exempt transient vessels from certain restrictions.
Responding to Council Member Scott, Mr. Cisneros said there are some boats in the marina
which have not been taken out of their slips in months or years, while there are others which travel
from marina to marina. The latter vessels usually have sufficient pump-out equipment to
accommodate longer stays by their occupants. Mr. Scott suggested that in the future staffinclude the
minutes of the particular advisory committee if their recommendation differs from staff's
reco.mmendation. Mayor Neal also asked that the committee chairpersons be available at the Council
meetings when a controversial issue is discussed.
Council Member Chesney asked how staff's proposal differs from the Water/Shore Advisory
Committee's proposal. Mr. Cisneros said the main difference is the title of that section of the
ordinance: staffwants to retain the title, "Prohibition Against Living Aboard Water Craft" and the
committee recommends calling the section, "Living Aboard Water Craft." Mr. Chesney said that
regardless of what happens with the Landry's proposal, he would like to see the live-aboard issue
finally resolved.
Council Member Longoria said that for the time being, the majority of the Council has said
they are not ready to allow live-aboards in the marina. There were no comments fi'om the audience.
City Secretary Chapa polled the Council for their votes as follows:
20. FIRST READING ORDINANCE
Ordinance amending Section 12-45.1, Code of Ordinances, relating to occupancy of vessels
in the marina.
The foregoing ordinance passed on first reading by the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
Mayor Neal opened discussion on Item 21, cable franchises. Mr. Mark McDaniel, Director
of Management and Budget, gave a computer presentation in which he discussed the city's cable
franchise history beginning with a franchise agreement signed in 1981 with Athena Cablevision.
Subsequently, several mergers and two significant changes in federal law have occurred. The legal
changes impacted the city's ability to negotiate the franchise agreements as well as changed several
Minutes - Regular Council Meeting
May 21, 2002 - Page 10
requirements. In addition, in 1999 the city entered into a franchise agreement with ClearSource and
that same year TCI and AT&T merged.
Mr. McDaniel then outlined the actions under Items 21.a.-21.d. He said that Item 21.a. is an
ordinance amending the master cable services regulatory ordinance governing the use of city streets,
etc.; 21.b. is an ordinance granting to Texas Cable Partners Inc. (Time Warner) a non-exclusive 15-
year franchise; 21 .c. is an ordinance amending the ClearSource franchise; and 21.d. is an ordinance
consenting to the transaction between ClearSoume and Grande Communications.
Mr. McDaniel said that a significant change to the master cable services ordinance that staff
is recommending provides for new public access rules and procedures that move the scheduling
responsibility for the public access channel (Channel 10) from the cable operator to the Public
Access Users Group (PAUG). In addition, the PAUG will administer the existing rules and
procedures; the Religious Access Users Group (RAUG) already sets the schedule for the religious
access channel (Channel 18).
In response to Mayor Neal, Mr. McDaniel said that the PAUG does not meet very often while
the RAUG does. The Mayor pointed out that the PAUG is not a governmental board or commission.
Ms. Susan Cable, Director of E-Government Services, said the PAUG was established as a result of
the first franchise agreement with Athena Cablevision. She said it consists of the users of the public
access channel. Mr. Bray pointed out that the PAUG's rules were approved by the Cable
Commission under the ordinance.
Replying to Council Member Kinnison, Ms. Cable said that currently the incumbent cable
operator decides the scheduling of the public access channel and the proposed change would give
that responsibility back to the users group. She said the RAUG has already been doing that for years.
Mr. McDaniel said there will be 28 days between the first and second readings oftbe ordinance,
during which time more input can be received from PAUG members.
Mayor Neal called for public comment on Item 21.a.
Mr. Abel Alonzo, 1701 Thames, questioned how city staff developed their recommendations,
saying that he and others were not included in the discussions. Ms. Cable explained that the rules
and procedures are already in place but they have not been followed and public access users are not
aware of them. She said that city staff, working with the Cable Commission, can set up meetings
with the public access users to inform them of the rules.
Council Member Kelly said that one of the proposals--about which some users have objected-
-is to require public access users to provide two video tapes of their programs to be aired on both
Time Warner and ClearSource. He asked if the city could provide equipment to allow for rapid, high-
quality reproduction of tapes. Mr. Garcia said the city could do so if the Council directed.
Mr. Jose Marroquin, 2433 Allencrest, said it will be difficult for the public access users to
abide by the proposed requirements if they do not have the proper equipment.
Ms. Billie Wilkerson said she assists with the production of"South Texas Politics," which
Minutes - Regular Council Meeting
May 21, 2002 - Page 11
utilizes Time Wamer's studio. She said that and many other programs provide a valuable service to
the community and she urged the Council to vote in favor of the "small people."
Mr. David McBride said that if the Time Warner studio is shut down, users will not be able
to take advantage of the editing and production equipment. He also referred to a court case in
Palestine, Texas, involving use of the public access channel there.
Ms. Dorothy Spann referred to Item 21.c., the ordinance amending the ClearSource franchise
to require cablecasting of public, educational and government access channel programming within
30 days of the effective date. Responding to Ms. Spann, Mr. McDaniel said ClearSource would be
in violation of their franchise if they did not comply. Mr. Bray said as with any franchise violation,
the company would be given notice and would be subject to penalties and possibly forfeiture of the
franchise for an unresolved, continuing violation. Ms. Spann also expressed concern about not being
able to contact Time Wamer's general manager.
Mr. Armando Camifia said he has a public access program called "Mondo Power Thoughts."
He said he is a vocal, positive supporter for all public access users and those who believe in freedom
of speech and religion. He said if the public access studio closes, it will eliminate freedom, especially
for the disadvantaged.
Mr. Mark DiCarlo said that Time Wamer has not abided by its contractual duties to citizens
regarding public access. He said the company has already begun to do away with Channel 10 before
the expiration of its contract.
Mr. David Pontermiel expressed gratitude for the public access channel used by his church
and he expressed concern about the possibility of the studio closing down. He said public access is
a gift of democracy and he encouraged the city to do what it can to assist the users.
Mr. J.E. O'Brien said the Council should table Item 21 until the public has some input into
the proposed rules and regulations. He said the public has three options: start a campaign to cancel
cable and switch to satellite service; take legal action; or campaign to replace Council members who
seek to stifle public dissent by approving Items 21.b. and 21.c.
Mr. Jerome Bradford, the host of "Black Perspective," said he is strongly against the
requirement of having two video tapes and against the closure of the public access studio. He urged
the Council to consider this item very carefully.
Referring to one of Mr. Bradford's comments, Mayor Neal said that while a public access
user cannot promote a political candidate, he or she can have candidates as guests on their shows.
In response to Mr. Kinnison, Ms. Lisa Aguilar, Assistant City Attorney, said that in one of
the attachments to the Athena Cable franchise (which is the current one), there is a provision that
says Athena would provide approximately $2,500 per year for an annual awards ceremony for local
program producers. Mr. Kiunison asked staff to find out if that provision has been complied with.
Minutes - Regular Council Meeting
May 21, 2002 - Page 12
Ms. Mary Beth Nelson said that 21 years ago the Council had a vision to make cable
television useful to everyone through the public access channels. However, she said the public access
users have never gotten that support fxom the cable provider. She discussed several specific concerns
about the proposed requirements.
Mr. Rene Saenz, co-host of"South Texas Politics," said the Cable Commission members
passed a resolution opposing Item 21.a. He said the public access users would like to meet with the
Council members to discuss their concerns.
Mr. John Marez, the other co-host of"South Texas Politics," discussed the services provided
by the public access programs, including helping to educate citizens, such as through televised
debates between political candidates.
Mr. Roland Garza said the public access users were never notified about the proposed
changes. He discussed the mentality of a government entity and the determination of Blacks in
Montgomery, Alabama, in the 1960s. He said good governing and responsibility in Corpus Christi
will help avoid a lawsuit here.
Mr. Jack Gordy asked how many of the Council members reviewed the public access users
rules. He said if adopted, there will be no more live programs on the public access channel and he
urged the Council to keep the studio open.
Mr. Mike Chavez said he has had programs on the public access channel, which provides a
venue for good information for the community.
Mr. Bob Jones said that public access is probably one of the most basic of people's
constitutional rights. He said most or all of the Council members have been guests of public access
programs. He said the use of the studio should be maintained until a suitable alternative is developed.
Mr. Santos Ronje said many political candidates have participated in public access programs
during their campaigns. He asked the Council to table this item to allow users and cable
representatives to further discuss it.
Mayor Neal called for a brief recess. Upon reconvening, the Mayor called for other public
comments.
Mr. Richard Cavada also spoke in support of public access and he encouraged the Council
to not increase the inequities of the underprivileged.
Mr. Solomon Ortiz Jr. said that public access is one of the best ways that citizens can speak
out about various issues that are important to them.
Mr. Adam Reyes said he is studying communications at Texas A&M-Corpus Christi and he
is speaking in support of public access, which provides public education.
Minutes - Regular Council Meeting
May 21, 2002 - Page 13
Ms. Stephanie Guerrero, Vice President of LULAC Council g4444, said there are other
avenues available if the Time Warner studio is closed but there is a cost associated with it.
Nueces County Commissioner David Noyola said that freedom of speech is important to
everyone but it comes down to money. He said the Council members are elected to make these
difficult decisions and he urged them to go back to the table.
Mr. Danny Noyola said they can agree that public access needs to be maintained and/or
improved. He suggested that a partnership can be formed for the use of other studios.
Mr. Danny Noyola Jr. said that closure of the public access studio will most negatively affect
those on the lower end of the economic scale.
Mr. George Iniguez discussed how he used the public access channel to share information
about AIDS and HIV because it is not disseminated on the other channels. He said the Time Warner
studio is not technologically current.
Mr. McDaniel responded to some of the speakers' comments regarding Item 21.a. He said
the rules under "Exhibit A" of the master cable services regulatory ordinance have been in place at
least since the mid-1990s while proposed changes can be further discussed.
Mr. McDaniel then continued with his presentation on Items 21.b., 21.c. and 21.d. He said
that key issues impacting the negotiations for franchise renewal include: mergers and ownership
transfers of cable operators; changes in applicable federal regulations; and difficulty in reaching
agreement regarding support for public, educational and governmental (PEG) access and for an
institutional network.
He said that key provisions for Item 21.b. are a 15-year franchise term with Time Warner;
5% franchise fee; build out in all areas with 30 homes per aerial mile; institutional network (fiber
to city facilities); and capital support grants of $200,000 in the first year and $50,000 in the seventh
year. Other provisions include: four access channels (two public and one each for government and
education) with triggers to six channels; and "plug and play" of public access shows with the
schedule to be developed by a users group. He noted that if other franchised cable operators fail to
provide cable casting for PEG access within 30 days of the effective date, Time Wamer's obligations
for public and government access will cease. He said the reason for that provision is to maintain
equity, which is very clear in the federal law. There are also provisions for free basic cable service
to each city building and K-12 school campuses and provisions requiring a level playing field.
Mr. McDaniel said that with regard to Item 21.c., the current ClearSource franchise states that
the city will "use its best efforts to require the incumbent cable operator (Time Warner) to provide
a feed to ClearSource for PEG channels, with companies sharing costs." However, operators have
not been able to reach agreement on that provision.
He said the ClearSource franchise needs to be amended to provide the following PEG
services: playback services for both public access channels within 30 days of the amendment's
Minutes - Regular Council Meeting
May 21, 2002 - Page 14
effective date; fiber connections for educational and governmental channels; and the initiation of
cable casting of the government channel within 45 days of the second reading and of the education
channel within 30 days of the effective date. The Budget Director said that in consideration for the
franchise amendment, ClearSource and Grande Communications are requesting that the city consent
to their transaction, which is Item 21.d.
Mr. Gordon Harp, General Manager of Time Warner Cable (TWC), said he represents the
company's 215 Corpus Christi employees, some of whom were present at the meeting. He said TWC
voluntarily elected to provide the studio and equipment during the franchise negotiations while also
paying the full 5% franchise fees. He said TWC is pleased to have engaged in an informal
negotiation process with the city and the company feels that the resulting agreement is in the best
interest of TWC, the city and cable subscribers.
Mr. Harp said the proposed franchise guarantees two full-time public access channels and
expands overall public access to include all cable operators. He said for the vast majority of public
access users, the only significant change will be the requirement of two tapes---one for TWC and
one for ClearSource, both of which will do "plug and play" of the shows. He said TWC will also
donate cameras and editing equipment to either a local non-profit organization, school or library if
such donation will help facilitate the copying of tapes.
Mr. Harp noted that the franchise only eliminates the maintenance of the studio and
equipment at TWC's office on SPID but it does not eliminate public access. He said during
negotiations, they have worked hard to provide for a level playing field for all cable operators. He
said currently there are 92 public access users, of which only 11 regularly use the studio. There are
an additional 14 producers who use the cameras and editing equipment.
Ms. Susan Patton, Vice President of Public Affairs for the Southwest Division of Time
Warner, said the use of the public access studio has declined over the years due to technological
advances and the availability of low-cost alternatives. She said overall the TWC studio is used about
60 hours a month at a cost of $153,977 per year, which is ultimately borne by the customers. She
said that due to changes in federal law, the city cannot require that the operational cost of a studio
be paid by the cable operator. She also discussed the situation in Palestine, Texas. She said the issue
is not freedom of speech because two access channels are guaranteed under the franchise. She said
that while the public forum is available, the production of public access shows does not necessarily
need to be free to the users.
Mr. John Bell, an attorney representing Time Wamer, said the frustrations expressed by the
speakers are due to changes in federal law and in the cable business. He said most other cities have
addressed those changes by letting the users independently form a cooperative or non-profit
organization. He said it is unfair to place the burden of providing a studio on one company when the
other cable operator does not have that burden. He said TWC staff have been working to resolve this
issue for the last year and a half. He reiterated that public access will actually be expanded under the
franchises. He urged the Council to pass the franchise on first reading and during the next month
Time Warner will work with staff and the users to devise a creative solution to the concerns raised.
Minutes - Regular Council Meeting
May 21, 2002 - Page 15
Responding to Mayor Neal, Mr. Harp said that Time Warner has 110,000 household
subscribers. The Mayor said that is 40,000 more than the city's utility customers. Mr. Harp said that
total amount includes connections to 28,000 apartment units.
Mr. Scott Smyth, Vice President of ClearSource, introduced Ms. Becky Weaver, General
Manager in Corpus Christi, and Ms. Martha Smiley, Executive Vice President of Grande
Communications and Paul Lewis, also of Grande Communications. Mr. Smyth said that when he
joined ClearSource a few years ago, it was a new company with the innovative concept of bundling
three services: cable, internet and phone service. He said ClearSource has a 7½-year opportunity to
build out its fiber optic network throughout the city, which is a very expensive and time-consuming
task. He said that to date, ClearSource has built out about one-third of the community. However,
Time Warner has been able to finish building out their network since the 1970s and fully recover
their costs through the monthly cable subscriptions. He said ClearSource continues to work with staff
and he said they are very impressed with staff's dedication throughout this process.
Ms. Smiley said Grande Communications is looking forward to coming to Corpus Christi.
She said her company has been tightly linked to ClearSource for several years in this very capital-
intensive business. She said the combination of the two companies will occur in the next 30 to 45
days and it is very important to them that the Council approve the transaction in Item 21.d.
Responding to Council Member Longoria, Mr. Harp said the studio's costs of about $153,000
per year are based on the operating hours of 8 a.m. to 9 p.m. Monday through Friday.
Mayor Neal postponed fimher discussion on Item 21 in order to hear public comment on non-
agenda items.
Mr. Richard Cavada, 1209 S. Alameda, said that about a year ago he spoke against the
privatization of the city's water and wastewater treatment plants. He said that instead the
reengineering efforts have saved almost $2 million per year. He said he is glad to hear that city
employees' salaries should be increasing.
Mr. Jack Gordy, 4118 Bray Dr., said he has witnessed employees driving city vehicles
without their seat belts fastened. He also said that a state official called the city's Code Enforcement
Department to inform them that existing political signs must come down and can be put up 90 days
before the November election. He said that as of this morning, the city has still not sent out letters
to sign violators.
Mr. Danny Noyola said that on behalf of the Moody community and the Moody Civic-
Minded Students, he wished to thank the Council and city staff for the CDBG funds for street and
drainage improvements in the Sunnybrook and Mansheim areas. Mr. Noyola also thanked the
Council for accepting the Moody students' invitation to attend meetings at the school regarding their
neighborhood economic development and community empowerment zones proposal. He invited any
interested groups and the media to attend the meetings on May 22nd and 23rd and he asked that they
Minutes - Regular Council Meeting
May 21, 2002 - Page 16
also be allowed to make their presentation during a Council meeting.
Mr. Rene Saenz noted that voter turnout for local elections is usually very low. He said the
Del Mar Board of Regents changed their election date to coincide with the November general
election. He urged the Council to follow suit. Responding to Council Member Chesney, City
Secretary Chapa said the city could do that but they would have to amend the City Charter.
Ms. Kay Noyes, 930 Coral, said her grandson was injured in a motorcycle accident and his
passenger was killed and neither of them were wearing helmets. Council Member Scott said Ms.
Noyes had a question about an incident in her neighborhood. Mr. Garcia asked Assistant Police
Chief Ken Bung to speak with her.
Mr. Danny Noyola Jr. said he is glad that the Council will be meeting with the Moody Civic-
Minded Students. He said the District 3 Council representative asked that the students be allowed
to make a presentation during a Council meeting. He said he sees no reason why that cannot occur.
Ms. Dorothy Spann said that when the Del Mar Board of Regents moved the election date,
the cost was more than doubled although the voter turnout also greatly increased. She also spoke in
favor of the South Wharf project.
Mayor Neal returned to the discussion on Item 21 regarding the cable franchises.
Mr. Chesney said the Council has been very open to the issue of public access. For people
to say the Council has not met with them is incorrect because no one has asked him to do so. He said
this is not an attempt to end public access; it just makes it inconvenient for the producers of 8 or 10
shows because they will have to make other arrangements. He said with an annual cost of $153,000,
he does not believe the community as a whole is willing to pay $2.3 million to $3 million (with
inflation) over the 15-year term of the franchise to keep the public access studio open. He reiterated
that TWC is willing to donate the equipment ifa location can be found and he urged people to work
together to do that before the second reading next month.
Mr. Garrett emphasized that the Council is not considering eliminating public access. He
asked how many live shows are produced. Mr. Bell said there is just one. Mr. Harp and Mr. Garcia
also explained specific regulations such as the color bars, the need for two tapes, and repeat times
for programs.
Mr. Noyola said there are 92 groups that air programs on public access, with 11 using the
studio and 14 using the editing equipment. He said that while TWC spends about $153,000 a year
to operate the studio, they receive a great deal of money from the cable subscribers, including the
public access users. Responding to a question from Mr. Noyola, Mr. Bray said the Palestine case
never received a judgment in court.
Mr. Scott read back some of the comments made by the public, including that the Council
Minutes - Regular Council Meeting
May 21, 2002 - Page 17
is denying the people their constitutional rights and that the Council's actions can be compared to
government oppression of the poor and minorities. In reply to Mr. Scott, Mr. Bell said the equipment
currently in use at the TWC studio is sufficient to comply with the standards discussed in the rules.
Mr. Scott asked about the use of the $200,000 one-time capital infusion. Mr. Ogilvie Gericke,
Director of Municipal Information Systems, said it would be used to improve the broadcasting
capabilities of the Emergency Operations Center. Mr. Scott also asked about additional public access
channels and Mr. McDaniel discussed how that process works. Mr. Scott noted that the Council had
committed to a substantial salary increase for employees and he questioned whether the city could
fund the $150,000 for the public access studio. Mr. McDaniel noted that a recent federal ruling
deemed that high-speed interact access is not part of the revenue base of a franchise fee. He said the
city is challenging that ruling but there is the potential of a drop in revenue.
Mr. Colmenero discussed the changes that have occurred as a result of federal cable
regulations and he said the Council needs more specific information about the public access use. He
emphasized that this proposal is merely a loss of access to technology and not to the public access
channels themselves. He also asked questions about the equipment and he discussed the implications
of the city taking on the operation of a public access studio. He said the Council should approve this
item on first reading.
Mr. Kinnison said this is strictly a dollar and cents issue. He said the city cannot fome TWC
to operate the studio. Mr. Bell said that according to the federal regulations, operating subsidies are
required to come out of the 5% franchise fees the company pays to the city and capital costs can be
passed through to customers. He said the company is not willing to increase the cost of service.
Responding to other questions from Mr. Kinnison, Mr. Garcia said staff strongly
recommends against the city taking over the operation of the public access studio. Mr. Kinnison
asked if an alternative would be to limit the amount of time the studio is available to the public.
Additional discussion ensued. Mr. Gareia pointed out that according to TWC, there are two local
studios that provide services for about $125 an hour.
Mayor Neal asked about Mr. Kinnison's suggestion to have TWC limit the time availability
of the studio in order to reduce costs. Mr. Bell said the current operating standard has been full-time
availability. However, he said Time Warner is not willing to continue providing a public studio at
their facility for two reasons: the operating cost would have to be deducted fi.om the franchise and
it would create an unfair situation since ClearSource is not required to provide a public studio. He
added that TWC informed city staff of their position on the studio ih November 2000 and agreed to
keep the studio open pending the resolution of the new franchise, but it cannot be a requirement of
the franchise. He also said that the proposed rules will continue to apply with a public access users
group and a plug-and-play operation.
Mr. Gareia said this issue is very heavily regulated by federal law and the city and TWC have
been involved in a voluntary negotiation process for about two years. As a result, the city cannot
arbitrarily terminate their franchise agreement. Mayor Neal said he does not object to the franchise
agreement but he was not aware that TWC would cease operating the studio.
Minutes - Regular Council Meeting
May 21, 2002 - Page 18
City Secretary Chapa polled the Council for their votes as follows:
21.a. FIRST READING ORDINANCE
Ordinance amending the master cable services regulatory ordinance governing use of city
streets, lanes, avenues, alleys, sidewalks, bridges, rights-of-way, easements, highways and
other places in the City of Corpus Christi, Texas by providers of cable services.
The foregoing ordinance passed on first reading by the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, and Scott voting "Aye"; Noyola voting "No."
21.b. FIRST READING ORDINANCE
Ordinance granting to Texas Cable Partners Inc. (Time Warner) a non-exclusive franchise
to construct, maintain, and operate for a period of fitteen years, and during any extensions
thereof, a cable television system and facilities and additions thereto, in, under, over, along,
across and upon the streets, lanes, avenues, alleys, sidewalks, bridges, rights-of-way,
easements, highways and other places in the City of Corpus Christi, Texas.
The foregoing ordinance passed on first reading by the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, and Scott voting "Aye"; Noyola voting "No."
21.c. FIRST READING ORDINANCE
Ordinance amending Section 6.2 of the ClearSource franchise regarding public, educational
and government access channels.
The foregoing ordinance passed on first reading by the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, and Scott voting "Aye"; Noyola voting "No."
21.d. FIRST READING ORDINANCE
Ordinance approving the transaction between ClearSource Inc. and Grande Communications
Holdings Inc., subject to requirements.
The foregoing ordinance passed on first reading by the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, and Scott voting "Aye"; Noyola voting ''No."
Mayor Neal said there are no more negotiations with regard to TWC operating a studio under
their franchise agreement. Mr. Chesney said there is an oppommity for a cooperative arrangement
for public access users. The Mayor called for a brief recess.
Upon reconvening, Mayor Neal referred to the presentations on the day's agenda. The fkst
Minutes - Regular Council Meeting
May 21, 2002 - Page 19
presentation (Item 23.a.) was regarding the status of the business plan for the J.C. Elliott Landfill and
the future Cefe Valenzuela Landfill.
Using a computer presentation, Mr. Tim Bratton, of Gershman, Brickner & Bratton Inc.
(GBB), said the purpose of the plan is to assist the city with overall landfill development and
operations. He said that GBB focused on contractor procurement needs and transition planning;
reviewed selected development alternatives and economic implications; addressed other re-
engineering projects and initiatives; and examined opportunities for public/private parmerships in
the city's interest.
Mr. Bratton explained that the Elliott Landfill currently serves over 300,000 people and is
scheduled to close by 2005. He said waste flows to Elliott have declined from over 480,000 tons per
year in the late 1990s to about 360,000 tons per year, largely due to the opening of the competing
landfill in Robstown called E1 Centro. He said the Cefe Valenzuela Landfill (known as the "Cefe
Landfill") is scheduled to open in 2005 as a transition prior to the closing of Elliott. It will require
$13 million in construction costs over 2003-04.
Mr. Bmtton said that based on capacity, Cefe will be one of the largest landfills in Texas with
over 130 million cubic yards of permitted airspace (an estimated 67 million tons of waste). He said
that Cefe was planned and permitted as a regional facility to receive up to 1 million tons per year of
waste within several years. According to data from the Texas Natural Resource Conservation
Commission, none of the five largest Texas landfills receive that much waste.
As a result of the drop in tonnage over the last few years, the city's Solid Waste Services
(SWS) Department has initiated some strategies to stabilize the situation, including: focusing on
operating the department more as a business; implementing put-or-pay waste deliveE~ contracts and
a municipal solid waste system service charge (MSWSSC); and considering other facilities and
services that can provide cost savings. Mr. Bratton also discussed how the landscape of waste
management has changed over the last few years, resulting in the city having to look beyond the
Coastal Bend Council of Governments region (such as the Lower Rio Grande Valley) for additional
waste supply sources.
Mr. Bratton then discussed in detail the advantages and disadvantages of the following three
options: expanding the Elliott Landfill onto 92 adjoining acres; having the city construct and operate
the Cefe Landfill; or having a private contractor construct and operate the Cefe Landfill. He said the
city's cost of operation is highly competitive with nearby landfills. He also described the landfill
contractor procurement process and possible reengineering projects and other initiatives, such as
developing trash and recycling centers and a transfer station at Elliott; converting SWS to an
enterprise fund; and creating mulch supply agreements and public/private partnerships for
production.
The GBB representative said the key recommendations are as follows: July 2002 - decide on
a preferred disposal alternative and recommend the development of Cefe through a strategic
public/private partnership; January 2003- complete procurement and award a contract for
construction and operation; during 2004- open the first cell at Cefe, close Elliott, and develop a
Minutes - Regular Council Meeting
May 21, 2002 - Page 20
transfer station at Elliott. Ongoing actions include monitoring facilities and waste flows in the
region; continuing beneficial mengineering projects; and developing mulch supply agreements and
public/private partnerships if beneficial.
Responding to Mayor Neal, Mr. Jeffrey Kaplan, Director of Solid Waste Services, said the
Elliott Landfill is currently receiving 377,000 tons of waste from the city and county. Mr. Bratton
said both Elliott and El Centro are receiving some waste from other counties. Mayor Neal said that
GBB is projecting slow growth over the next 15 years and he asked if that will affect the time line
for Elliott's closure. Mr. Lawrence Mikolajczyk, SWS Assistant Director, said the closure
projections were based on current volume. Staff anticipates Elliott to be filled by April 2005.
Council Member Longoria asked several specific questions about the executive summary in
the landfills strategic plan, to which Mr. Bratton and staff responded. Mr. Bratton said that of the
three options he discussed, the expansion of Elliott has the lowest cost. However, GBB is
recommending pursuing the development of Cefe under a public/private partnership with a private
operator. Mr. Longoria commented on the distance that customers will have to travel to reach the
Cefe Landfill, saying that its success will be based on the ability to get waste there. Mr. Bratton
pointed out that Cefe was planned as a regional landfill and in today's environment, waste is
transferred great distances.
Responding to Mayor Neal, Assistant City Manager Ron Massey discussed the existing
permit for the Cefe Landfill, saying that once it is constructed it will be open until filled. Council
Member Scott asked about a request for proposals for a private operator, which Mr. Bratton
discussed.
City Attorney Bray and First Assistant City Attorney Jay Reining also discussed the process
of permitting the expansion of the Elliott Landfill. It was pointed out that the Cefe permit was
uncontested but that may not be the case with Elliott's permit, which could take two years to acquire.
City Manager Garcia said staff would not recommend pursuing the Elliott expansion without also
pursuing the Cefe construction because the consequences of being unsuccessful (not being granted
a permit for the expansion) are very severe. Following additional discussion, Mayor Neal said there
was a consensus of the Council to direct staffto bring back some concrete proposals with which the
Council can proceed.
The second part of the presentation (Item 23.b.) was a quarterly update on the progress of the
automated garbage collection program and permitting process. Mr. Kaplan said that 33,928 carts
were delivered to households throughout the city and 46% of customers receive automated service.
He said the number of inquiries and complaints has leveled off while the number of permits issued
to solid waste haulers has increased to about 155. Mr. Kaplan also reviewed charts of tonnage for
BFI, C.C. Disposal, and other contractors and he discussed the MSWSSC revenues. He said future
actions include reviewing and monitoring the SWS ordinance; reviewing rates, fees and charges; and
seeking additional tonnage from contracted haulers. Staff also responded to Council members'
questions. He noted that additional information will be provided during the budget process.
Minutes - Regular Council Meeting
May 21, 2002 - Page 21
The second presentation (Item 22) was regarding the Park and Recreation 2002 summer
programs. Using a computer presentation, Mr. Cisneros said the goals of the youth programs are to
provide the following: safe, professionally supervised environments for youth; opportunities to
enhance life skills and a basis for a positive future; affordable programs available to people at all
income levels; and easy access to programs. He said recreational, sports, arts and cultural programs
build self-esteem and a positive self-image, which are foundations to a personal quality of life.
Mr. Cisneros said the five state-licensed Latchkey camps feature structured recreational
activities for youth needing full-day child care. The structured sports camps and leagues build
teamwork and encourage individual discipline and performance, while the swimming programs
provide an opportunity to learn a lifelong recreational skill. In addition, there are golf and tennis
camps, youth recreation programs, Escape Outdoors!, food program, Weed and Seed program, 78415
community youth development program, and opportunities for teens. Mr. Cisneros then responded
to Council questions.
Mayor Neal called for the City Manager's report. Mr. Garcia said that on May 28th there will
be a meeting of the Tax Increment Finance (TIF) Board at noon followed by the regular Council
meeting at 1 p.m. He said at that time he will deliver the preliminary budget for FY 2002-03 with
budget discussions then and during the June 1 lth, 18th and 25th meetings.
Mayor Neal asked staff to inform the Council about the "drop-dead" date on the South Wharf
project. He then called for Council concerns and reports.
Mr. Scott requested a time line for the ADA improvements for the Coliseum restrooms;
suggested a ground breaking ceremony to kick off the seawall improvements project; asked about
the possibility of a fee added onto utility bills for ADA improvements; and asked about fire
inspections on Padre Island. Mr. Garcia said staff will provide information. Mr. Scott commented
on how Corpus Christi was overlooked in the Texas lodging industry report.
There being no further business to come before the Council, Mayor Neal adjourned the
Council meeting at 9:20 p.m. on May 21, 2002.
2
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
Date: May 17, 2002
AGENDA ITEM: A public hearing will be held May 28, 2002 by the Corpus Christi City Council
on the annual budget adopted by the Corpus Christi Crime Control and Prevention District Board
of Directors. The public heating will be held during the regular City Council meeting that
commences at 1:00 PM, in City Council Chambers, First Floor, City Hall, 1201 Leopard, Corpus
Christi, Texas. Any resident of the District is entitled to be present and participate at the hearing.
A copy of the proposed budget may be obtained in the office of the Corpus Christi City Secretary.
CITY STAFF available to answer questions
Name Title Dept/Division
1. P. Alvarez, Jr. Chief of Police Police
2. Bryan Smith Commander Police
3. Pat P.Eldridge Management Assr Police
4. Mark McDaniel Director Mgt and Budget
OUTSIDE INDIVIDUALS available to answer questions
Name Title/Position
1. Linda Bridges Chairman
2.
Organization
Crime Control Board
ISSUE: By State statute, the City Council is required to hold a public hearing on the Crime
Control and Prevention District adopted FY 2002/03 budget no later than the 45th day before the
fiscal year begins.
BACKGROUND: By State statute, the District is required to hold a public hearing on the
proposed budget no later than the 100t~ day before the fiscal year begins and must adopt the
budget no later than the 80t~ day before the fiscal year begins. The Board of Directors of the
Crime Control and PreventioffDistrict held a public hearing on April 18 and adopted the budget
on May 8, 2002. The public hearing by the City Council was advertised in the Corpus Christi
Caller Times on May 18 as required 10 days before the public heating. The City Council must
approve or reject the budget no later than the 30th day before the fiscal year begins (tentatively
scheduled for June 18th).
REQUIRED COUNCIL ACTION: None required.
DII
Crime Control and Prevention District
FY 02/03 Budget
May 8, 2002
City of Corpus Christi
Crime Control & Prevention District
FY-200112002 Year End Estimates
FY-2002/2003 Preliminary Budget
TABLE OF CONTENTS
PAGE NO.
2
3
4
$
6
7
!0
12
13
14
~6
PROGRAM
Financial Statement
I. egal Advisor
Police Officers
Support Personnel
Pawn Shop Detail
MDT/AVL Techn!cal Suppor~
Speolal Traffic Enfercemer~t
Street Lighting
Public Safety Vehicles & Equipment
Police Academy
Election Costs
Juvenile Assessment Center
School-Police Partnerships
Citizen Advisory Councils
BI-Annual District Evaluation
Juvenile Deputy City Marshals
Reserve Appropriation
FY-2001/2002 Year End Revenue & Ex 3enditure Estimates
Beginning Balance
Revenues:
Sales Tax
Interest Earnings
Net Inc./Dec. in FV of Investm
Interest Earned-lnterfund
Miscellaneous
Total Current Revenues
Total Funds Available
FY-2002/200
Actual
2000-01
$ 3,276,t39 $
3,503,335
Prellminar ! Budget
Estimated Proposed
2001-02 2002-03
8 months
3,273,357 $ 2,566,763
3,604,544 2,475,120
Proposed Proposed
2002-03 2002-03
4 months 12 months
$1,748,224 $ 2,566,763
1,237,560 3,712,680
214,039 103,900 51,950 25,975 77,925
3,748
Expenditures:
Legal Advisor
Police Officers
3,721,122
3,708,444
6,997,26t 6,981,801
193,946
2,245,463
61,461
2,567,868
2,527,070
1,263,535
3,790,605
5,093,833 3,011,759 6,357,368
40,995
1,118,167
2,236,333
40,995
3,354,500
Support Personnel 569,786 449,592 267,897 20,525 288,422
Pawn Shop Detail 86,626 86,579 56,270 56,270
MDT/AVL Technical Support 107,817 76,2t2 80,043 40,022 120,065
16,833
Special Traffic Enforcement
=.et Lighting
12,670
25,000
167,000
.olic Safety Veh.& Equip. 57,662 492,780
Police Academy 178,214 75,779
Election Costs 100,000
16,833
167,000
75,779
100,000
Juvenile Assessment Center 421,811 317,676 196,699 98,350 295,049
School I Police Partnerships 19,061
Citizen Advisory Councils 9,061 43,220 36,104 36,104
6,437 71,654 35,827 107,482
3,345,609
1,312,890
(2,782)
4,658,499
Juv. Deputy City Marshals
Reserve Appropriation
Total Expenditures
Ending Balance
Surplus I (Deficit)
Bi-Annual District Evaluation
(49,355)I
3,723,905 4,415,038
3,273,357 2,566,763 1,748,224 1,698,869 1,698,869
(706,594) (818,539) (867,894)
Crime Control & Prevention District
Legal Advisor
Expenditure Budget
Actual Estimated Proposed
2000-01 2001.02 2002-03 2002-03 2002-03
8 Mos. 4 Mos. 12 mos.
Exp. Exp. Exp.
Salaries & Wages 46,539 47,924 32,782 16,391 49,t 73
Retirement 8,585 8,896 6,333 3,167 9,500
Group Insurance benefits 3,896 2,142 1,544 772 2,316
Books & periodicals 98
Minor tools & equipment 61,140
Minor computer equipment 44,530
Professional services 6,000
Vehicle repairs 19
Self Insurance allocation 2,830 2,480 336 168 504
Computer equipment 20,328 -
Total Costs 193,946 61,46t 40,995 20,498 61,493
=ositlons:FY-2002/2003
Attorney II 1
Total Positions
This program Is scheduled to be phased out on 03131/2003.
: Crime Control & Prevention District
Police Officers
Expenditure Budget
Actual Estimated Proposed
2000-01 2001-02 2002-03 2002-03 2002-03
8 Mos. 4 Mos. 12 Mos.
Exp. Exp, Exp.
Salaries & Wages 1,388,492 1,526,190 1,410,697 705,348 2,116,045
Overtime 135,326 105,795 1tl,539 55,770 167,309
Other Pay 95,614 101,684 77,681 38,841 116,522
Retirement 299,680 3t8,490 309,104 154,552 463,656
Group Insurance benefits 167,930 221,089 t20,928 60,464 181,392
Clothing 22,959 28,238 22,824 1t,4t2 34,236
Fuel & lu brlcants 30,107 26,877 37,629 18,815 56,4~.~.
Books & periodicals 166 -
Minor tools & equipment 3,861 18,387 13,489 6,745 20,234
Minor computer equipment 61
Office supplies 145 3,621 2,533 1,267 3,800
Professional services 921
Vehicle repairs 189 25,014 30,924 t 5,462 46,387
Postage & express charges 9
Equipment maintenance 213 455 t,000 500 i ,500
Travel 634
Su mental Insurance 24,800 12,400 37,200
Seh .,,surance allocation 1.09,907 99,181 73,t84 36,592 109,776
Other e(~ulpment 91,918
Reimbursement (9,822)
Total Costs 2,245,463 2,567,868 2,236,333 1,118,167 3,354,500
Schedule Of Police Officer Deployment:
Universal HIdng Program 10
Additional Officers - July t999 5
Additional Officers - Februar/2000 15
Additional Officers - July 2000 10
Additional Officers · April 2002 10
Total Police Officer~ 50
3
Crime Control & Prevention District
8 upport Personnel
Actual Estimated
2000-01 2001-02 2002-03 2002-03 2002-03
8 Mos. 4 Mos. t2 Mos.
Exp,
ges 256,745
Overtime 35,058 34,899
2,269
Retirement 67,987 53,796 36,113
Group Insurance benefits 73,806 53,771 39,560
Fuel & lubricants
Office supplies
Vehicle repairs
Self Insurance allocation 53,772 47,t 11 4,632
Total Costs 569,786 449,592 267,897
Office Assistant II 2
Functional Analyst V
: Safety Dispatcher 7
11,046 5,523 16,569
18,056
19,780
1,000 673 337 1,010
2,316 6,948
133,948 401,845
flclan I I
Total Positions 11
This program is scheduled to be phased out on 03/3112003 except for the Functional Analyst V position.
The following is 4 months costs for that one position:
13,784
Overtime 795
Retirement 2,817
1,629
Group Insurance
Self Insurance
1,499
Total costs 20,525
4
Crime COntrol & Prevention District
Pawn Shop Detail
Expenditure Bud~let
Actual Estimated Proposed
2000-01 2001-02 2002-03 2002-03 2002.03
8 Mos. 4 Mos, 12 Mos.
Exp. ExP. Exp.
salaries ~ wages 55,820 57,636 39,490 19,745 59,235
overtime 37 822 1,152 576 1,728
Other pay 372
Retirement 10,219 10,882 7,852 3,926 11,778
Group insurance benefits 11,688 9,800 6,952 3,476 10,428
Self insurance allocation 8,491 7,439 824 412 1,236
Total Costs 86,626 86,579 56,270 28,135 84,406
P~0slti~iFY;2002/2003
Office Assistant II 3
-i'h]~-pr0gra~-'i~-scheduled-to be phased out on 03131 2003.
J
5
Crime Control & Prevention District
MDT/AVL Technical Support
Salaries & Wages
Overtime
Retirement
Group Insurance benefits
Minor computer equipment
Office supplies
Self Insurance allocation
Total Costs
Actual Proposed
2000-01 2001-02 2002-03 2002-03 2002-03
8 Mos. 4 Mos. 12 Mos.
Exp. Exp.
76,406 48,491 58,978 29,489 88,468
3,117 4,710 2,410 1,205 3,615
1,605 545 272 817
14,534 ' 10,056 11,966 5,983 17,948
7,793 6,392 5,584 2,792 8,376
308
5,660 4,959 560 280 840
107,817 76,212 80,043 40,022 120,065
s:FY-2002/2003
Functional Analyst V
1
Technical Specialist VI
Total Positions
t
2
6
............................. Crime Control & P?eventlon District
Special Traffic Enforcement
Expenditure Bud;let
Actual E st i-n~ ~e-c~
2000-0,1 2001-02 2002-03 2002-03 2002-03
8 Mos. 4 Mos. 12 Mos.
Exp. Exp. Exp.
Professional services
Total Costs .*
.............. Crime Control & Prevention District
Street Lighting
. Ex ~endlture Budget
Actual Estimated Proposed
2000-01 2001-02 2002-03 2002-03 2002-03
8 Mos. 4 Mos. 12 Mos.
Exp. Exp. Exp.
Professional services 12,670 ' 25,000 16,833 8,417 25,250
Equipment maintenance
Total Costs 12,670 25,000 16,833 8,417 25,250
This program Is scheduled to be phased out on 0313112003.
8
Crime Control & Prevention District
Public Safety Vehlcles & Eclulpment
Expenditure Budget
Actual Estimated Proposed
2000-01 2001-02 2002-03 2002-03 2002.03
8 Mos. 4 Mos. 12 Mos.
Exp. Exp. Exp.
Minor tools & equipment 96,153
Minor computer equipment 29,131 50,092
Office supplies 3,300
Equipment maintenance 650 7,915
Vehicles & machinery 238,139 147,000 147,000
Other equipment 69,300 20,000 20,000
Computer equipment 27,881 27,881
Total Costs 57,662 492,780 167,000 167,000
FY-2002/2003
7 replacement vehicles 147,000
Radios for police vehicles 20,000
167,000
9
Crime Control & Prevention District
Police Academy
Expenditure Budget
Salaries & Wages
Overtime
Other pay
Retirement
Insurance
ClOthing
Books & periodicals
Food & food supplies
Minor tools & equipment
Office supplies
Professional Services
Training Aids
Fuel & Maintenance
Vehicle Costs
Self insurance allocation
Total Costs
Schedule Of Police Officer Deployment
Universal Hiring Program
AddlUonal Offloer~ -July 1999
Additional Officers. February 2000
Additional Officers. July 2000
Additional Officers .April 2002
Total Police Officers
Actual
2000-01
10
5
t5
10
10
5O
Estimated
2001-02
110,792
8,513
· 22,859
18,424
627
2,200
110
2,079
220
4,125
8,265
178,214
Proposed
2002.03
8 Mos.
Exp.
59,252
4,256
12,270
2002-03
4 Mos.
Exp.
2002-03
12 MOS.
Exp.
59,252
4,256
12,270
75,779 75,779
10
Crime Control & Prevention District
Election Costs
Expenditure Bud~let
A~tu~i Estimated ProP~I
2000-01 2001-02 2002-03 2002-03 2002-03
8 MOs. 4 Mos. 12 Mos.
Exp. ExP; Exp.
i~f~si6n-al seFvices 100,000
Total Costs 100,000 100,000
11
Crime Control & Prevention District
Juvenile Assessment Center
Expenditure
Actual Estimated Proposed
2000-01 200t -02 2002-03 2002-03 2002-03
8 Mos. 4 Mos. 12 Mos.
Salaries & Wages
Overtime
Retirement
Group Insurance benefits
Minor tools & equipment
Minor office equipment
Office supplies
Maintenance materials
Professional services
Temporary services
Postage & express charges
Rentals
Mileage reimbursement
Telephone/telegraph service
Building maintenance & serv.
Printing advertising & PR
rlnting outside print shops
I'ravel
Self Insurance allocation
Total Costs
Positions:FY-200212003
Office Assistant II
Counselor
ram Manager
145,093 146,721 115,623 57,811
125,402 1,428 1,373 687 2,060
27,213 27,328 22,604 11,302 33,906
34,064 23,t17 16,032 8,016 24,048
24 65
139
1,251 1,500 1,010 505 1,515
348
50 20
11,657 36,149
994 1,200 808 404 1,212
43,958 48,075 32,050 16,025 48,075
898 1,500 1,010 505 1,515
5,224 4,910 2,545 1,273 3,818
1,000 673 337 1,0t0
491 1,000 673 337 1,010
450
175 1,000 673 337 1,010
24,729 22,316 t,624 812 2,436
421,811 317,676 196,699 98,350 295,049
Case Manager
Total Positions
2.6
2
6.6
12
District
School-pOlice PartnerSh '
2000-01 2001-02 2002-03 2002-03
6 Mos. 4 Mos.
2002-03
12 Mos.
West Oso
Calallen
Total Costs
19,061
9,061
13
Crime Control & Prevention District
Citizen Advlsor~ Councils
Bu;
Minor tools & equipment
ppIies
Maintenance materials
Postage
)hone/telegraph svc.
Professional services
Memberships & dues
Printing advertising & PR
Total Costs
2000-01 2001-02 2002-03 2002-03 2002-03
8 Mos. 4 Mos. 12
Exp.
5,000 6,733 10,100
275 -
4,136 14,181 13,467 6,733 20,200
'419
3,620 2,437 1,219 3,656
42
4,608 20,000 13,467 6,733 20,200
9,061 43,220 36,104 18,052 54,156
This program Is scheduled to be phased
14
Crime Control & Prevention District
BI-Annual District Evaluation
Expenditure Budget
Actual Estimated Proposed
2000-01 2001-02 2002-03 2002-03 2002-03
8 Mos. 4 Mos. 12 Mos.
Exp. Exp. Exp.
Professional Services -
Total Costs - - '
-- Crime Control & Prevention District
Juvenile Deput7 City Marshals
Expenditure Bud et
Actual Estimated Proposed
2000-01 2001-02 2002-03 2002.03 2002-03
8 Mos. 4 Mos. 12 Mos.
Exp. Exp. Exp.
Salaries & Wages 27,260 56,928 28,464 85,392
Overtime 83,954
Retirement 5,223 10,998 5,499 16,498
Group Insurance benefit 3,352 1,676 5,028
Self Insurance allocation 376 188 564
Totals 116,437 71,654 35,827 107,482
Juvenile Deputy Clty Marshal 3
16
......................... ~r~m-e-Control & Prb~entlon District
............................. Reserve Ap_pmprlatlon
2000-01 2002-03 2002-03 2002-03 2002-03
8 Mos. 8 Mos. 8 Mos.
Exp. Exp. Exp.
Sa|ary 8, Retirement -
Totals .
Crime Control & Prevention District
Police Officer & Civilian Posltlon Hlstor7
: Program/ FY- FY; FY- FY- FY.
Position 1998/1999 1999/2000 2000/2001 2001/2002 2002/2003
Police Officers
Police Officer 15 40 40 50 50
Total Police Officers 15 40 40 50 50
Legal Advisor
Attorney II 1 .1 1 I 1
Total Legal Advisor I 1 I 1 1
Support Personnel
Public Safety Dispatcher 10 10 10 8 7
Crime Scene Technician I 4 4 4 2 1
Office Assistant II 2 2 2 2 2
office Assistant III 0 2 2 2 0
Systems Coordinator 1 1 I 0 0
Police System Coordinator/CAD 0 0 0 1 0
Functional Analyst V 0 0 0 0 1
Total Support Personnel 17 19 19 15 11
Pawn Shop Detail
Office Assistant II 3 3 3 3 3
Total Pawn Shop Detail 3 3 3 3 3
MDT/AVL Technical Support
Systems Analyst I 1 1 I 0 0
Computer Operator Ill 1 1 1 0 0
Police System Analyst 0 0 0 1 0
Police Computer Operator 0 0 0 1 0
Functional Analyst VII 0 0 0 0 1
Functional Analyst V 0 0 0 0 1
Total MDT/AVL Tech. Support 2 2 2 2 2
Juvenile Assessment Center
Office Assistant II 0 1 1 1 1
Counselor 0 3 3 2.5 2.6
Program Manager 0 1 1 1 1
Case Manager 0 4 4 2 2
Juvenile Processing Officer 0 0 0 0 0
Total Juvenile Assmt. Center 0 9 9 6.5 6.6
~Juvenlle Deputy City Marshals
Juvenile Deputy City Marshals 0 0 0 3 3
Total Juv. Deputy City Marshals 0 0 0 3 3
Total Civilian 23 34 34 30.5 26.6
Total Sworn & Civilian 38 74 74 80.5 76.6
3
CITY COUNCIL
PRESENTATION MEMORANDUM
AGENDA ITEM:
May 28, 2002
Overview of Proposed FY2002-03 Operating Budget
CITY STAFF PRESENTER:
Name
Mark L. McDaniel
Title
Director of Management and Budget
ISSUE:
The City Charter requires the City Manager to submit a budget proposal to the
Council at least 60 days prior to the beginning of the fiscal year.
REQUIRED COUNCIL ACTION:
No formal action is required at this time. This initial presentation will include a
general overview of FY2002-03 proposed revenues and expenditures and
subsequent presentations in June will include an overview of individual funds.
The City Council is scheduled to adopt the FY2002-03 Annual Budget on July 16th
and 23rd.
NOTE: The Proposed Budget Document will be de#vered separately prior to
May 28, 2002.
~la'f:l~ L. Mcl~aniel
Director of Management and Budget
4
AGENDA MEMORANDUM
DATE: May 28, 2001
SUBJECT: Omaha Drive Street Improvement Project (Project # 6087)
AGENDAITEM:
Motion authorizing the City Manager, or his designee, to execute a Novation Agreement
(Assignment) with Oklahoma Surety Company and Mid-Continent Casualty Company and
King Isles, Inc., contractor, to complete construction of the Omaha Drive Street
Improvement Project.
ISSUE: This agreement assigns to the City the completion contract between the bonding
companies and King Isles, Inc., contractor. Any warranty work attributable to Asphalt
Paving and Construction Company of Corpus Christi (APCCO), the initial contractor, will
continue to be responsibility of the bonding companies.
FUNDING: Additional funding not required by the City.
RECOMMENDATION: Staff recommends approval of the motion as presented.
~_~Angel R. Escobar, P. E.,
Director of Engineering Services
Additional Support Material:
Exhibit "A" Background Information
Exhibit "B" Novation Agreement
Exhibit "C" Location Map
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
SUBJECT: Omaha Drive Street Improvements (Project No. 6087)
PRIOR COUNCIL ACTION:
November 26, 1996 - Specifying rules to apply when the City intends to assess
abutting property or affected railways to secure payment for highway or related
improvements, including rules concerning assessment hearing notice and the
assessment hearing itself; and authorizing the Director of Engineering Services to
prepare assessment certificates. (Resolution No. 022767)
July 29, 1997 - Approval of the FY 1997-1998 Community Development Block Grant
(CDBG) Program in the amount of $7,677,000 of which $155,000 was specified for
the Omaha Drive Street Improvements Project (Ordinance No. 022917).
May 12, 1998 - Approval of the FY 1998-1999 Community Development Block Grant
(CDBG) Program in the amount of $5,888,694 of which $510,000 was specified for
the Omaha Drive Street improvements Project (Ordinance No. 023313).
May 18, 1999 -Approval of the FY 1999-2000 Community Development Block Grant
(CDBG) Program in the amount of $5,752,078 of which $300,000 was specified for
the Omaha Drive Street Improvements Project (Ordinance No. 022917).
August 22, 2000 - Approval of the FY 2000-2001 Capital Improvement Budget
(Ordinance No. 024162).
October 10, 2000 - Approval of Resolution Determining the Necessity for and
Ordering the improvements of Omaha Drive from I.H. 37 to Leopard Street.
October 10, 2000 - Approval of Resolution approving plans and specifications for
improvements to Omaha Drive from I.H. 37 to Leopard Street.
November 21, 2000 - Motion authorizing the City Manager, or his designee, to
execute a construction contract with Asphalt Paving & Construction Co. for a total
fee not to exceed $898,763.00 for the Omaha Street Improvements. (M2000-427)
FUTURE COUNCIL ACTION:
· Adopting the final assessment roll upon project completion
H:\HOME\KEVINS\GEN\STREETS\OMAHAIBaC~[~rounddoc Page 1 of 3
GENERAL: The Omaha Ddve Street Improvement project is a street assessment project
funded through CBDG funds from Fiscal Years '97, '98, and '99 and the City's Commercial
Paper Program. On November 21, 2000, a construction contract was awarded to Asphalt
Paving and Construction Company (APCCO) in the amount of $898,763 to construct the
required street and utility improvements. A Notice to Start Work was issued on March 23,
2001 for a contract duration pedod of 240 working days. The estimated date of completion
was Mid-June 2002.
In March of this year, the contractor informed the City of their financial inability to complete
the construction work. On March 25, 2002, a suspension letter of non-performance was
issued to Asphalt Paving and Construction Company and a notification letter was issued
to Oklahoma Surety Company and Mid-Continent Casualty Company, the bonding
companies. Immediately thereafter, affected residents were informed by hand distribution
of fiyers. Notification was provided to the neighborhood La Raza Emergency Shelter and
Assessment Center located on Omaha Street and Gibson Elementary School.
A residents meeting was held on April 25, 2002 at the La Raza Emergency Shelter and
Assessment Center to inform the citizens of the project status and actions underway to
resume construction. Citizens concerns included the lack of dust control, Iow water
pressure and potholes needing to be patched. The bonding companies agreed that
outside contractors could be utilized to address these immediate problems and the invoices
paid from accrued retainages due under the APCCO contract. The bonding companies
approved charges of $34,218.98 to cover patching of potholes and measures to improve
dust control.
CURRENT:
As of February 2002:
Payments totaling $635,649.48 of the total $898,763.00 contract have been
made to APCCO;
· Accrued retainage is $34,937;
· The contract is 72% complete based on contract price; and
· Approximately 64% of the work time allotted has been expended.
FUNDING:
On Tuesday, May 21, 2002, the Bonding Companies received bids from three contractors
selected with City concurrence in a private bid opening. The bids received are for the
remaining work elements. The Bonding Companies will be entered into a Completion
Contract with the selected responsible lowest bidder. The Completion Contract requires
completion of the original work and submittal of performance and payment bonds and
required insurance coverage.
A Novation Agreement (assignment) to the City of the contract between the bonding
companies and the new contractor is necessary to complete the remainder of the contract
H:~HOME~EVINS\GEN~STREETS\OMAHA\Background.doc Page 2 of 3
work to be under the control of the City. The Novation Agreement assigns all obligations
of the completion contractor, King Isles, Inc., to the City. The Novation Agreement includes
and addresses the:
· Completion Contract Amount;
· the amount bid;
· remaining contract funds;
· less outstanding pay requests;
· retainage; and
City's costs for interim work.
The resulting amount is the Bonding Companies payment to the City to complete the
remaining work according to the following schedule. The bonding companies will remain
responsible for any warranty repairs relating to work performed or completed by APPCCO.
TIME SCHEDULE:
The time schedule to resume construction and complete the remaining work items upon
execution of the Novation Agreement is as follows:
Execution of Novation Agreement due:
Pre-Construction Meeting with Contractor:
Start of Charge Time:
Time to Complete Construction (90 workdays):
May 29,2002
May 29,2002
June 10, 2002
December, l,2002
H:~HOME~KEVINSIGEN\STREETS\OMAHA/Background.doc Page 3 of 3
File : \Mproject\councilexhibits\exh6087. dwg
PROJECT LOCATION
LOCATZON ~
NOT TO ECALE
C~TY PROJECT No. 6087 EXHZBZT "C"
O~A DRZVE STREET Z~PROVE~ENTS cz~ ~UNCZL EXH~BZT
DEPAR~E~ OF ENGINEERING SER~CES
FRO~ LEOP~D STREET TO Z.H. 37 PAGE: I of 1
CI~ OF CORPUS CHRISTI, TE~ DATE: 05-2~-2002
Omaha Drive Improvements
Leopard Street to IH-37
Project No. 6087
NOVATION AGREEMENT
This NOVATION AGREEMENT, effective May 28, 2002, hereinafter "Effective Date", is made
and entered into by and between;
Oklahoma Surety Company and Mid-Continent Casualty Company, hereinafter "Surety",
The City of Corpus Chdsti, Texas, hereinafter "Obligee', and
King Isles, Inc., hereinafter "Completion Contractoff
WITNESSES THAT:
VVhereas, Asphalt Paving & Construction Company, hereinafter "Principal" and the Obligee
entered into an "Original Contract", dated November 21, 2000, for construction of Omaha Drive
Improvements, Leopard Street to IH-37, hereinafter "Project"; and,
VVhereas, the Principal and the Surety executed Performance and Payment Bonds No.
TXV-10294, in the penal sum of $898,763.00, dated December 4, 2000; and,
Whereas, by letter dated March 25, 2002, the Obligee suspended the Principal pursuant to
Section B-7-13, and thereupon made demand upon the Surety for completion of the Project;
and
Whereas, the Surety and the Completion Contractor entered into a Completion Contract,
dated May 28, 2002, as relates to completion of the Principal's work for the Project (copy
attached herewith ); and,
Whereas, the Surety and the Obligee are desirous of completing the remainder of the
Project work without furlher involvement of the Surety, and the Obligee is further desirous of
working directly with the Completion Contractor regarding the Completion Contractor's
completion of its scope of work;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein and for good and valuable consideration, including the Surety's Novation Payment to
Obligee, the receipt of which is hereby acknowledged by the Obligee, it is understood and
agreed as follows:
1. The Completion Contractor's account with the Surety is as follows:
Completion Contract Amount $451,126.00
Less: Pdor Payments by Surety Q00
Equals: Completion Contract Novation Agreement Amount $451,126.00
The Surety' account with the Obligee is as follows:
Completion Contract Novation Agreement Amount
Less: Total Estimated Remaining Contract Funds
Less: Outstanding Pay Requests & Retainages
($671,329.98 - 635,649.48 = $35,608.50)
Plus: Obligee costs for backcharges and/or intedm work
Equals: Surety Novation Payment to Obligee
$451,126OO
(302,155.51)
(35,608.50)
34,218.98
$147,580.97
Exhibit B i -4
Novation Agreement
Omaha Ddve Improvements, Leopard Street to IH-37
Page 2 of 4
3. The Surety, the Completion Contractor, and the Obligee, hereby novate the
Completion Contract by and between the Surety and the Completion Contractor, by substitution
of the Obligee for the Surety, as the parbj contracting with the Completion contractor. All of the
parties hereto agree that as a result of this Novation Agreement, the Surety shall have no
further obligation to the Completion Contractor, and that from and after the Effective Date, the
Completion Contractor and the Obligee, in lieu of Completion Contractor and the Surety, shall
be obligated and liable one to the other with respect to the subject matter of the underlying
Completion Contract.
4. The Completion Contractor agrees to complete all remaining work and obligations
under its underlying Completion Contract with the Surety, and the Obligee agrees to pay to the
Completion contractor the Completion Contract Novation Agreement Amount for the
Completion Contractor's completion of said work and obligations; it being understood that the
final Completion Contract Novation Agreement Amount will be adjusted in accordance with the
Completion contract Bid Schedule, according to actual quantity of work performed. The
Obligee agrees to make monthly progress payments to the Completion contractor in
accordance with the terms and provisions set forth in underlying Odginal Contract between the
Principal and the Obligee.
5. Completion Contract paragraphs "5. PROGRESS PAYMENTS" and ~6. FINAL
PAYMENT" are hereby deleted. Progress Payments and Final Payment will be submitted by
the Completion Contractor and paid by the Obligee in accordance with the submittal, approval
and payment provisions of the Project Documents.
6. Completion Contract paragraph "9. COST-CEILING" is hereby deleted.
7. Completion contract section "15. TERMINATION AND REMEDIES" is hereby
deleted. Termination and Remedies will be in accordance with the terms and provisions of the
Project Documents.
8. Completion Contract paragraph "18. NOTICE" is hereby modified to add the
following:
IF TO OBLIGEE:
Director of Engineering
The City of Corpus Chdsti, Texas
P.O. Box 9277
Corpus Chdsti, TX 78469-9277
9. This Novation Agreement shall release the Surety of all further Performance Bond
obligations to the Obligee; except that this Novation Agreement shall not release the Surety
from warranty obligations, if any, for work performed by the Principal prior to the date of the
Novation Agreement.
10. This Novation Agreement may be executed in one or more counterparts, all of which
taken together shall constitute one agreement.
11. The parties intend that this instrument be deemed as made and entered into
pursuant to the laws of the State of Texas, to be construed and interpreted pursuant to those
laws.
Exhibit B 2 4
Novation Agreement
Omaha Ddve Improvements, Leopard Street to IH-37
Page 3 of 4
12. By executing this Novation Agreement, the parties declare that they have read and
understand the terms of this instrument and the settlement entered into, and freely and
voluntarily execute this instrument as the free and voluntary act of each. Each undersigned
represents that he/she has the power and authority to enter into this Novation Agreement in the
name, title and capacity stated below for and on behaif of the person, entity, firm or estate
herein represented or purported to be represented.
IN WITNESS WHEREOF, the Surety, Completion Contractor and Obligee have executed this
Novation Agreement as of the Effective Date appearing the first page hereof:
FOR AND ON BEHALF OF SURETY
Paul LaForge, Asst Vice President
ACKNOWLEDGMENT
State of Texas, County of Nueces
On this day of , , before me personally appeared
Paul LaFon3e, to me known and known to me to be the individual described in and who
executed the foregoing agreement and acknowledged that he/she executed the same for the
purposes, considerations and uses therein set forth as his/her free and voluntary act and deed.
iN WITNESS VVi-IEREOF, I hereunto set my hand and affixed my official seal, the day and year
first above wdtten.
Address (City & State)
SEAL
Notary Public Signature
My Commission expires
WITNESS my or its hand this
day of
,19
Exhibit B 3 - 4
Novation Agreement
Omaha Ddve Improvements, Leopard Street to IH-37
Page 4 of 4
FOR AND ON BEHALF OF COMPLETION CONTRACTOR
Daniel J. Alexander, President
ACKNOWLEDGMENT
State of Texas, County of Nueces
On this day of, , before me personally appeared
Daniel J. Alexander, to me known and known to me to be the individual described in and who
executed the foregoing agreement and acknowledged that he/she executed the same for the
purposes, considerations and uses therein set forth as his/her free and voluntary act and deed.
IN WITNESS WHEREOF, I hereunto set my hand and affixed my official seal, the day and year
first above wdtten.
Address (City & State)
SEAL
Notary Public Signature
My Commission expires
WITNESS my or its hand this
day of
,19
FOr AND ON BEHALF OF OBLIGEE
ATTEST:
CITY of CORPUS CHRISTI
City Secretary
Date:
By:
Ronald F. Massey, Asst. City Mgr.
Date:
APPROVED AS TO LEGAL FORM:
By:
Asst. City Attorney
Date:
By:
Angel R. Escobar, P.E.
Director of Engineering Services
Date:
Exhibit B 4 - 4
5
AGENDA MEMORANDUM
May 28, 2002
SUBJECT: Carolyn Heights Diversion to Greenwood WVVTP - 30" line (Project #7196)
Acquisition of Parcel 1
AGENDA ITEM: Motion authorizing payment of the Special Commissioners' condemnation
award of $37,000 for the acquisition of Parcel 1, consisting of a Utility and Temporary
Construction Easement, both located at the corner of Saratoga Boulevard and Greenwood
Drive, to construct wastewater improvements in connection with the Carolyn Heights
Diversion to Greenwood WVVTP - 30" line, Project #7196, and for other municipal
purposes.
ISSUE:. The Carolyn Heights Diversion to Greenwood WWTP project calls for the
acquisition of 18 parcels composed of utility and construction easements. A total length
of approximately 18,000 linear feet of easement acquisition is required between
Greenwood Drive and Carroll Lane. City staff has negotiated for the acquisition of Parcel
1, however negotiations reached an impasse. A condemnation hearing for the parcel was
held on May 3, 2002 in which a Special Commissioners' Award was set at $37,000.
Authorization from City Council is needed for land acquisition costs and commissioners'
awards exceeding $25,000.
RECOMMENDATION: Approval of the Motion as presented.
,~g'~l R. Escobar, P. E.
Director of Engineering Services
Attachments:
Exhibit A.
Exhibit B.
Exhibit C.
Exhibit D.
Background information
Location Map
Information Summary
Award of Special Commissioners
H:\HOME\EUSEBIOG\GEN~Agenda Items\Carolyn Heights Div. So. Tex. Rainbow~Agenda MemorandumZdoc
BACKGROUND INFORMATION
SUBJECT: Carolyn Heights Diversion to Greenwood WWTP - 30" line (Project #7196)
Acquisition of Parcel 1
PRIOR COUNCIL ACTION:
August 18, 1998 - Motion authorizing the City Manager to execute a contract for
engineering services with Goldston Engineering, Inc. for a total fee not to exceed
$187,800 for: (a.) Kostoryz Rd. Utilities Adjustment (#7048), (b.) Kostoryz Rd. -
SPID to Holly Rd. Drainage Imp. Study (#2038), and (c.) Lift Station Imps. &
Carolyn Heights Diversion to Greenwood WVVTP (#7109) projects. M98-284.
October 17, 2000 - Motion authorizing the City Manager or his designee to execute
Amendment No. 1 for Stage 2 services to the engineering contract in the amount
of $565,865 with Goldston Engineering, Inc. for the Lift Station Imps. & Carolyn
heights Diversion to Greenwood VVWTP project (#7109). M2000-373.
October 23, 2001 - Motion authorizing the acquisition of Parcel 12, out of Lot 5,
Section 8, Bohemian Colony Lands, in the amount of $33,475 from the owner
Martha G. Spear in connection with the Lift Station Improvements and Carolyn
Heights Diversion to Greenwood WWTP - 30" line (#7196). M2001-399.
November 20, 2001 - Motion authorizing the acquisition of Parcel 8b, out of Lot 19,
Section 7, Saratoga Place Subdivision, in the amount of $28,000 from the owner
Greg Voisin, Trustee in connection with the Lift Station Improvements and Carolyn
Heights Diversion to Greenwood WVVTP - 30" line (#7196). M2001-432
January 29, 2002 - Resolution authorizing condemnation proceeding by the City to
condemn Utility and Temporary Construction Easements from South Texas
Rainbow Limited Partnership in connection with the Lift Station Improvements and
Carolyn Heights Diversion to Greenwood WWTP - 30" line (#7196). Resolution
024745
FUTURE COUNCIL ACTION: Council will be required to:
authorize the award of future construction contracts and amendments; and
authorize the approval of any other parcels in the project where acquisition cost
exceeds $25,000; and
authorize the condemnation of any parcels where negotiations have reached an
impasse.
Exhibit A
Page 1 of 2
OVERVIEW:
Background: A number of Stormwater and Wastewater projects were approved by
the City Council in the 1997-98 Capital Improvement Program. These projects
addressed needed improvements and enhancements to the City's basic
infrastructure components. This wastewater project, which is part of the
Wastewater facilities Master Plan, will be implemented in two stages. Stage One
of this project provides for the elimination of three lift stations (Carolyn Heights,
Cresmont and Saratoga Place) and for the construction of gravity lines to the
Kostoryz lift station. Stage Two will include the rehabilitation of the lift station at
Kostoryz Road, installation of a force main from the lift station towards Ayers Street,
and for construction of a gravity line from the Greenwood VVastewater Treatment
Plant to Ayers Street along Saratoga Boulevard.
Acquisition of 16 parcels, involving utility easements and temporary construction
easements, are needed for this project. Approximately 18,000 linear feet of
easement is required. This parcel involves approximately 954 linear feet or 5% of
the project.
Parcel Information: Parcel 1 is a strip of land located on the southmost corner of
Saratoga Boulevard and Greenwood Drive. The parcel is out of Lots 8, Section 14,
Bohemian Colony Lands as shown on the attached Council Exhibit "B". This parcel
consists of a 65-foot wide by +842-foot long utility easement containing
approximately 1.258 acres or 54,787 square feet. The parcel is being acquired for
the construction and installation of a 30-inch diameter PVC gravity sewer line
necessary for this project. In addition, a temporary construction easement is
required. This temporary easement is 50-foot in width by approximately +960 linear
feet containing 1.095 acres or 47,715 square feet.
Condemnation Award: Condemnation was authorized by City Council on January
29,2002. A Condemnation Hearing was held on May 3, 2002 in which the City
presented its updated appraised value of $$19,900. The owners presented a claim
for land rights and damages in the amount of $174,787. A Special Commissioners'
Award was set by the three Special Commissioners in the amount of $37,000. In
order to take possession of the easements, this amount must be deposited with the
court.
\\ENGINEERING\DATAI\HOME\EUSEBIOG\GEN~Agenda Items\Carolyn Heights Div. So. Tex. Ralnbow\Background2.doc
Exhibit A
Page 2 of 2
N
PROJECT
LOCATION
F,M, 43
GREENWOOD WASTEWATER
TREATMENT PLANT
VICINITY~4P
NOT TO SCALE
SARATOGA BLVD.
65' WIDE UTILITY
EASEMENT
-50' WIDE TEMPORARy CONSTRUCTI(
EASEMENT
SOUTH TEXAS RAINBOW
LTD PARTNERSHIP
~N
EXHIBIT B
Project #7196 - Carolyn Heights Diversion to
Greenwood WWTP 2000ss
.. _ Parcel 1
Utility/Tempora5, Easement
City of Corpus CE,,'Jsfi, Tex~
CITY COUNCIL EXHIBIT
DEPARTMENT OF ENGINEERING SERVICES
PAGE: I of 1
DATE: 01-23-2002
INFORMATION SUMMARY
CAROLYN HEIGHTS DIVERSION TO GREENWOOD WWTP - 30" LINE
(Project 7196)
PARCEL 1 - Utility & Temporary Construction Easements
Owner:
Location:
Zoning:
Size:
Platted:
Tax Value (NCAD):
South Texas Rainbow Limited Partnership
Southmost corner of Saratoga Boulevard and Greenwood Dr.
I-2, Light Industrial District
Parent Tract:
Pamel 1 Utility Easement:
Pamel 1 Temp. Constr. Easement:
No
11.536 acres
54,787 s.f. (1.258 ac.)
47,715 s.f. (1.095 ac.)
Account No. 0847-0014-0080
11.50 acres assessed at $61,094 or $5,312 per acre
Appraiser:
Initial Appraised Value:
Thomas F. Dorsey, CRE, MAI
$13,600 per acre for a total offer of $15,200, which included
crop damages and replowing.
Updated Appraisal Revised offer of $18,000 per acre for a total offer of $19,900
which includes crop damages and replowing. Revised offer
was due to new market sales data.
Owner's demand: Owner's request for compensation and damages was $174,787.
Condemnation Authorization: Resolution No. 024745
Condemnation Hearing: May 3, 2002
Special Commissioners' Award: $37,000
H:\HOME\EUSEBIOG\GEN~Agenda Items\Carolyn Heights Div. So.Tex. Rainbow~lnformation Summary2.doc
Exhibit C
CAUSE NO. 02-60320-1
cITY OF CORPUS CHRISIT, * IN THE COUNTY COURT
Condemnor
v. AT LAW NO. 1
SOUTH TEXAS RAINBOW
LIMITED PARTNERSHIP, Owner * NUECES COUNTY, TEXAS
AWARD OF SPECIAL COMMISSIONERS
On May 3, 2002, in the City of Corpus Christi, Nueces County Texas, the above
styled proceedings in eminent domain came on to be heard before thc undersigned, three
disinterested freeholders of Nueces County, Texas, heretofore appointed as Special
Commissioners by the Judge of County Court at Law No. 1, Nueces County, Texas to
assess thc damages caused by these proceedings. The Plaintiff, City of Corpus Christi,
Texas, a municipal corporation located in Nueces County, Texas, appeared through legal
counsel, Joseph Harney. The Defendants, although duly served, failed to appear/
appeared in person/~h l____..~z~unsel. The Commissioners proceeded to
hear the evidence and arguments of the parties and made the following findings:
I.
That on February 15, 2002, the City of Corpus Christi, Texas, Plaintiff, filed its
"Original Statement and Petition in Condemnation" with the Clerk of Nueees County,
Texas, wherein upon the facts and for the purposes therein stated, it sought judgment
vesting in the City of Corpus Christi a permanent right of way easement and a temporary
construction easement to the land described in Exhibit A, excluding the oil and gas rights,
for the purpose of constructing, maintaining and inspecting wastewater improvements
EXHIBIT D
and other municipal purposes, said land being situated inside the corporate limits of the
City of Corpus Christi, Nueces County, Texas.
II.
That upon consideration of the said written statement so filed by the Plaintiff, the
Judge of the Court did appoint three disinterested freeholders of Nueces County, Texas,
as Special Commissioners to assess the damages caused by the said taking of said
property.
III.
That the said Special Commissioners did, by written order,'designate and appoint
the 3rd day of May, 2002, at 9:00 a.m., in the Nueces County Courthouse, County Court
No. 1, situated in Nueces County, Texas, as the date and place for hearing said statement
and parties, said date being the earliest practicable time and such being the county seat in
which the property is situated.
1V.
That hereafter said Special Commissioners duly qualified as such, each taking the
oath prescribed by law, which oaths are on file with the papers of this cause.
V.
That on the 3rd day of May, 2002, said Special Commissioners did convene and
the following named parties did appear in person or by their attorney:
City of Corpus Christi, by and through Joseph F. Harney, Asst. City Attorney of
the City of Corpus Christi, Texas; And the Defendants, although duly served, failed to
appeal/
appeared
in person/air,through their attorney o___~cord, and announced
ready for such heating, and said Special Commissioners proceeded to hear evidence as to
the damages which will be sustained by the owners by reason of the taking of said
easemem.
VI.
The land subject to the taking is as follows:
A permanent right of way easement and a temporary construction easement in the
property described in the attached Exhibit A, exclusive ofoil and gas rights.
VII.
The Special Commissioners find that the City of Corpus Christi, as Condenmor,
offered to pay a total of $15,200.00 to the property owners before these proceedings
began. After hearing and consideration of all such evidence, said Special Commissioners
find and determine and accordingly assess damages to be paid by the City of Corpus
Christi according to the nde of damages set forth in the Texas Property Code, the amount
of 4~ 37t0~O -'~qkfJ()t ~,4~r~ -[~x00~~ ($ '~,. 00~ .00) Dollars for said parcel
to the owners.
VIII.
Accrued costs of this proceeding, consisting of filing fees only, are hereby
adjudged against ~-~,~ ~'~
Signed this the ~r, dayofMay, 2002.
Special Commissioner
Special Commissioner
Approved as to form:
Joseph F. Hamey
Assistant City Attorney
6
AGENDA MEMORANDUM
DATE: May 23, 2002
SUBJECT: Rincon Channel and U. S. Highway 181 Observation Decks (Wetlands
Interpretative Overlook) (Project No. 3225)
AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a
construction contract with Mitchell's Unlimited in the amount of $84,950 for the Rincon
Channel and U. S. Highway 181 Observation Decks (Wetlands Interpretative Overlook).
ISSUE: This project was approved as an application for Coastal Management Program
(CMP), Cycle 5 grant funds from the U. S. Department of Commerce, National Oceanic
and Atmospheric Administration as authorized by the Federal Coastal Zone Management
Act of 1972. The design and bid phase are complete; the project is now ready for the
construction phase.
FUNDING: Funds for this project are available from Federal Grants and from Engineering
Support Services Operating Budget.
RECOMMENDATION: Staff recommends approval of the motion as presented.
~¢~,ngel R. Escobar, P. E.,
Director of Engineering Services
Additional Support Material:
Exhibit "A" Background Information
Exhibit "B" Project Budget
Exhibit "C" Bid Tabulation
Exhibit "D" Location Map
BACKGROUNDINFORMATION
SUBJECT: Rincon Channel and U. S. Highway 181 Observation Decks (Wetlands
Interpretative Overlook) (Project No. 3226)
PRIOR COUNCIL ACTION:
1. December 19, 2000 - Motion authorizing the City Manager, or his designee, to accept
a grant of $85,000 from the Coastal Coordination Council for the construction of
wetlands interpretative overlooks on the southern half of Tract D, Brooklyn Addition,
at Corpus Christi Beach Park (Motion No. M2000-463).
2. December 19, 2000 - Ordinance appropriating $85,000 from the Coastal
Coordination Council in the No. 1050 Federal/State Grants Fund for the construction
of Wetlands Interpretative Overlooks on the southern half of Tract D, Brooklyn
Addition and at Corpus Christi Beach Park (Ordinance No. 024323).
3. December 19, 2000 - Motion authorizing the City Manager, or his designee, to
purchase the southern half of Tract D, Brooklyn Addition, Corpus Christi, Texas from
Betty Jenkins for $99,000 of which $85,000 is from Fund No. 5610 and the remaining
$14,000 considered a gift donation from Betty Jenkins (Motion No. M2000-464).
4. December 19, 2000 - Motion authorizing the City Manager, or his designee, to accept
a grant of $85,000 from the Coastal Bend Bays and Estuaries Program for the
purchase of the northern half of Tract D (18 acres), Brooklyn Addition (Motion No.
M2000-465).
5. December 19, 2000 - Ordinance appropriating $85,000 from the Coastal Bend Bays
and Estuaries Program in the No. 1050 Federal/State Grants Fund for the purchase
of the northern half of Tract D, Brooklyn Addition (Ordinance No. 024324).
PRIOR ADMINISTRATIVE ACTION:
1. January 5, 2001 - Executed Small A/E Agreement with Shiner, Moseley &
Associates, Inc. in the amount of $14,750 for the Rincon Channel and U. S. Highway
181 Observation Decks (Wetlands Interpretative Overlook Project.
PROJECT BACKGROUND: The proposed project was approved as an application for
Coastal Management Program (CMP), Cycle 5 grant funds from the U. S. Department of
Commerce, National Oceanic and Atmospheric Administration as authorized by the
Federal Coastal Zone Management Act of 1972. These grant funds are limited to use for
implementation of a coastal zone management project under the Texas Coastal
Management Program administered by the General Land Office. The Texas State
Aquarium will operate and maintain the facilities consisting of boardwalk overlooks and
signage as part of the Aquarium Education Program. The City retains ownership of both
sites.
H:IHO M E\VEL MAR~GEN~PARK&REC'G226~,G E N DA BACKGROUND
EXHIBIT "A" J
Page 1 of 2
PROJECT DESCRIPTION: The project consists of construction of a boardwalk and
observation deck at two locations. Site A is located near Rincon Channel and U. S.
Highway 181 and Site B is located near U. S. Highway 181 and Timon Boulevard.
Site A consists of the construction of a 4-foot wide by 43-foot long timber boardwalk and a
1 O-foot by 15-foot observation deck. It also consists of the construction of approximately
420 square yards of paving, striping, 300 linear feet of valley and curb and gutter, and
signage.
Site B consists of construction of an 85-foot concrete walkway, 4-foot wide by 40-foot long
timber boardwalk, 1 O-foot by 15-foot observation deck, and signage in accordance with the
plans, specifications, and contract documents.
BID INFORMATION: The City received proposals from four (4) bidders on May 22, 2002.
See Exhibit "C" Bid Tabulation. The project consists of a Base Bid for Site A and Site B
and two (2) Additive Alternates. The bids range as follows:
Base Bid- SiteA from $44,100 to $109,450
Base Bid- Site B from $39,850 to $75,300
Add. Alternate No. 1 from $500 to $3,800
Add. Alternate No. 2 from $500 to $9,500
The Engineer's estimated construction cost for the project is $75,000. The City's
Consultant, Shiner, Moseley & Associates, and City staff recommend that based on Iow
Total Base Bid and Additive Alternates, the Total Base Bid and the two (2) Additive
Alternates be awarded in the amount of $84,950 to Mitchell's Unlimited of Robstown,
Texas for the Rincon Channel and U. S. Highway 181 Observation Decks (Wetlands
Interpretative Overlook).
FUNDING: Funds for this project are available from Federal Grants and from Engineering
Support Services Operating Budget.
H;IHOME\VELMARIGEN~PARK&REC~3226'~.GENDA BACKGROUND
EXHIBIT "A" 1
Page 2 of 2
RINCON CHANNEL AND U. S. 181 OBSERVATION DECKS
Project No. 3226
Project Budget
May 22, 2002
FUNDS AVAILABLE:
530000-1050-00000-800251 ...............................................................
530000-1050-00000-800207 ...............................................................
530000~1020-00000-11155 ...............................................................
FUNDS REQUIRED:
Construction (Mitchell's Unlimited) ......................................................
Contingencies (10%) ........................................................................
Consultant (Shiner, Moseley & Associates) ..........................................
Land Acquisition ..............................................................................
Major Projects Activity .....................................................................
Construction Inspection Activity .........................................................
Testing (Trinity Engineering Testing Corp.) ..........................................
Printing ..........................................................................................
Advertising ....................................................................................
Total .............................................................................................
$85,000.00
85,000.00
39,202.50
$209,202.50
$84,950.00
8,495.00
14,750.00
85,000.00
6,607.50
5,300.00
3,100.00
500.00
500.00
$209,202.50
EXHIBIT "B"
Page 1 of 1
TABULATION OF BIDS Page 1 of 3
DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS
TABULATED BY: Angel R.Bscobar, P.R., Director of Engineering Services
DATE: May 22, 2002 TIME OF COMPLETION: 90 Calendar Days ENGINEER'S ESTIYATH: $75,000.00
Rincon Channel and U. S. 181 Observation Decks
(Wetland Interpretative Overlook)
a Mitchell's Unlimited
5375 Prairie Ridge
Robstown, TR 78380
Isensee Construction
746 Princess Drive
Corpus Christi, TX 78410
Delta Prime Specialty
5720 Leopard Street
Corpus Christi, TX 78408
W. T. Young Construction
P. 0. Box 9197
Corpus Christi, TX 78469
DESCRIPTION
QTY.
UNIT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
DMT PRICE
AMOUNT
SITE A: RINCON CHANNEL
A-1
Timber Boardwalk, and
1
LS
34,250.00
34,250.00
24,400.00
24,400.00
26,668.95
26,668.95
56,000.00
56,000.00
Observation Deck including
timber lumber, concrete,
excavation, backfill, select
fill, etc., complete in
place per
A-2
Parking Area and
1
IS
7,000.00
7,000.00
25,650.00
25,650.00
36,479.10
36,479.10
41,000.00
41,000.00
Driveways, including curb
and valley gutters,
striping, signage, select
fill, etc. complete in place
Per L&.
A-3
Sign Allowance, (R1, R2, R3)
1
LS
2,250.00
2,250.00
2,250.00
2,250.00
2,250.00
2,250.00
2,250.00
2,250.00
complete in place per
A-4
Sign installation including
1
LS
300.00
300.00
200.00
200.00
892.50
892.50
3,200.00
3,200.00
lumber, concrete and
hardware (R1, R2, R3)
complete in place per La.
A-5
Traffic Control, complete in
1
LS
300.00
300.00
3,300.00
3,300.00
4,343.95
4,343.95
7,000.00
7,000.00
place per LE.
Total Site A
$44,100.00
$55,800.00
$70,634.50
109 450.00
TABULATION 01 BIDS Page 2 0£ 3
DRPARTEENT 08 ENGINEERINO - CITY OF CORPUS CHRISTI, TEXAS
TABULATED BY, %ngel R.Recobar, P.R., Director of Engineering Services
DATE, May 22, 2002 TIME OF COMPLETION, 90 Calendar Days ENOINKER'S ESTXU&TZ: $75,000.00
Rincon Channel and U. S. 181 Observation Decks
(Wetland Interpretative Overlook)
• Mitchell's Unlimited
5375 Prairie Ridge
Robstown, TX 78380
Isensee Construction
746 Princess Drive
Corpus Christi, TX 78410
Delta Prime Specialty
5720 Leopard Street
Corpus Christi, TX 78408
W. T. Young Construction
P. O. Box 9197
Corpus Christi, TX 78469
DESCRIPTION
QTY.
UNIT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
SITE B3 TIMON BLVD.
B-1
Timber Boardwalk, and
1
LS
34,250.00
34,250.00
24,400.00
24,400.00
15,168.30
15,168.30
56,000.00
56,000.00
Observation Deck including
timber lumber, concrete,
excavation, backfill, select
fill, etc., complete in
place per L@.
B-2
Concrete Walkway, complete
1
LS
2,000.00
2,000.00
1,800.00
1,800.00
1,644.30
1,644.30
6,300.00
6,300.00
in place per y$.
B-3
Sign Allowance, (T1, T2, T3,
1
IS
3,000.00
3,000.00
3,000.00
3,000.00
3,000.00
3,000.00
3,000.00
3,000.00
AQ1) complete in place per
L@
B-4
Sign Installation including
1
LS
300.00
300.00
200.00
200.00
892.50
892.50
4,000.00
4,000.00
lumber, concrete and
hardware, (T1, T2,
T3)complete in place per L@.
B-5
Traffic control, complete in
1
LS.
300.00
300.00
1,100.00
1,100.00
4,381.50
4,381.50
6,.000.00
6,000.00
place per U.
Total Site B
$39,850.00
$30,500.00
'$25,086.60
$75,300.00
Total Base Bid
$83,950.00
$86,300.00
$95,721.10
$184,750.00
Site A and Site B
TABULATION OF BIDS Page 3 of 3
DEPARTMENT or SNOINEERDRO - CITY OF CORPUS CHRISTI, TEXAS
TABULATED BY: Bagel R.Recobar, P.S., Director of Engineering Services
DATE: May 22, 2002 TIME OF COMPLETION: 90 Calendar Days EMOINEER'S ESTXM&TE: $75,000.00
Rincon Channel and U. S. 181 Observation Decks
(Wetland Interpretative Overlook)
+ Mitchell's Unlimited
5375 Prairie Ridge
Robstown, TX 78380
Ieensee Construction
746 Princess Drive
Corpus Christi, TX 78410
Delta Prime Specialty
5720 Leopard Street
Corpus Christi, TX 78408
W. T. Young Construction
P. 0. Box 9197
Corpus Christi, TX 78469
DESCRIPTION
QTY.
TRAIT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
ADDITIVE ALTERNATE NO. 1
SITE A: RINCON CHANNEL 4 US
181, SITE B: TIMON BLVD.
ADD
Stainless Steel Deck Screws,
1
LS
500.00
500.00
1,000.00
1,000.00
2,070.00
2,070.00
3,800.00
3,800.00
ALT
complete in place per LS.
1
ADDITIVE ALTERNATE NO. 2
SITE A: RINCON CHANNEL 4 US
181, SITE B: TIMON BLVD.
ADD
Structural angle and bolt
1
LS
500.00
500.00
2,800.00
2,800.00
2,016.00
2,016.00
9,500.00
9,500.00
ALT
connections, complete in
2
1 place per L$..
It Error in addition. Totals shown are correct amounts.
PROJECT LOCATION
1- -~ '~ ~ Z~ ~ L OCA T~ON MAP
VICINITY ~
NOT TO SCALE
C~ PR~ECT No. 3226 EXHZBZT 'D'
R~N~N C~NEL and U.S. H~G~AY 181 c~ ~UNCZL EXHZBZT ~
O~ERVATZON DECKS ~ o~ ~ s~c~s
(We¢~and Zn¢ecpre¢a¢~ve Ove~ook) PA~E: I of 1
CI~ OF CORPUS CHRIS~, ~ DA~: 05-23-2002
7
CITY COUNCIL
AGENDA MEMORANDUM
Date: May 28, 2002
AGENDA ITEM:
Motion authorizing the City Manager or his designee to use a portion of the design
and construction funds, from the Garcia Arts Education Center Area Street
Improvements Phase 1 Project (Design & Construction) approved under the
FY2000 Consolidated Annual Action Plan (CAAP) towards right-of-way acquisition
and relocation, in the Garcia Arts Center Area Street Improvements Phase 2 Project
(Design & Property Acquisition) also approved in the FY2000 CAAP.
ISSUE: Amending scope of work in an approved Consolidated Annual Action Plan (CAAP)
funded projects requires City Council action and approval.
REQUIRED COUNCIL ACTION: That the City Manager or his designee be authorized to
use a portion of the design and construction funds, from the Garcia Arts Education Center
Area Street Improvements Phase 1 Project (Design & Construction) approved under the
FY2000 Consolidated Annual Action Plan (CAAP) towards right-of-way acquisition and
relocation, in the Garcia Arts Center Area Street Improvements Phase 2 Project (Design
& Property Acquisition) also approved in the FY2000 CAAP.
RATIONAL: The two phases are now under design to be bid as one future construction
contract. Phase 2 requires additional funds for right-of-way acquisition and relocation
assistance. The design and construction funds approved for Phase 1 cannot be used until
all right-of-way funds are acquired for Phase 2. Rather than request additional funds for
Phase 2 it is proposed to use a portion of Phase 1 funds for right-of-way acquisition and
relocation assistance.
RECOMMENDATION: Staff recommends approval ofthe motion as presented.
FUTURE COUNCIL ACTION: Approval of future Community Development Block Grant
(CDBG) Program funds for the Garcia Arts Area Street Improvement Construction Phase
1 & 2 and additional relocation funds, if needed, to complete the project.
H~'/~ Acting HCD Department Director
ADDITIONAL SUPPORT MATERIAL
Background Information
Map(s)
BACKGROUNDINFORMATION
On May 9, 2000, the City Council adopted the FY2000-01 Consolidated Annual Action
Plan. Included in this plan was approval of following two projects.
Garcia Arts Education Center Area Street Improvements Phase I for design and
construction in the amount of $180,000 (M2000-139): and
Garcia Arts Education Center Area Street Improvements Phase 2 for design and
right-of-way acquisition in the amount of $30,000 (M2001-191).
Then on May 15, 2001, the City Council adopted the FY 2001-02 Consolidated Annual
Action Plan that included providing additional funding for Phase 2.
Garcia Arts Education Center Area Street Improvements Phase 2 for design and
right-of-way acquisition in the amount of $55,000.
Although, Phase 2 has been funded a total amount of $85,000 for right-of-way acquisition,
these funds are not enough to carry out the property acquisition and homeowner relocation
required for the project to proceed. Therefore, a portion of the funds from Phase 1,
originally for design and construction, will instead be used for property acquisition and
homeowner relocation in Phase 2. Staff proposes to request funding for the construction
phase and additional relocation assistance, if needed, in the FY2003 (2003-2004)
Consolidated Annual Action Plan.
~~, ~(~ PROJECT LOCATe_ON
N
PROJECT S.TTES ___.~
~GEND ~ :
~ P~E I
~ ~ ~ V~C~N~TY ~ N
NOT TO SC~
C~P PR~ECT No, 6133 & 6134 EXHiBiT "D"
~C~A ~TS EDUCATION CENTER ~ STREET C~ COUNCIL EXHiBiT ~
~ OF ENGIN~ING S~C~
J~PROVEBENTS P~SE 1 & 2 PAGE: I o~ I ~ ~
~ OF CORPUS CHRIS~, ~ 15 ~: 06/22/2001 ~
8
AGENDA MEMORANDUM
AGENDA ITEM: Authorizing the resale of ninety-seven (97) properties shown on the attached and
incorporated exhibit which were foreclosed upon for failure to pay taxes, for minimum opening bid
amounts of 10% of the most recent appraised value for 18 properties which did not sell at last year's
auction, and 30% of the most recent appraised value for 79 properties; authorizing the Nueces
County Judge to execute a resale deed for each of the properties listed.
ISSUE: Periodically properties located in the City of Corpus Christi are foreclosed on by Nueces
County to collect delinquent taxes. If these properties do not sell at the tax foreclosure sale, they are
held by Nueces County, Trustee on behalf of the respective taxing entities, until they can be resold.
Section 34.05 of the Property Tax Code requires that the governing body of the respective taxing
entities approve the resale of this property.
REQUIRED COUNCIL ACTION: Approval of proposed resolution authorizing the resale of the
listed properties.
RECOMMENDATION: Staff recommends that City Council approve the proposed resolution,
Lee/~ Dt~mbauld
Director of Financial Services
Attachment:
1. Resolution together with Exhibit A
Authorizing sale of properties
2. Letter from Linebarger
BACKGROUND INFORMATION:
Periodically, property within the City of Corpus is foreclosed due to nonpayment of ad valorem taxes.
When the properties fall to draw a bid equal to the amount owed for taxes and liens at the
foreclosure sale, the property is struck off to Nueces County, Trustee. The properties are then
advertised for resale to the public and the listed offers are the best prices submitted. The law firm
ofLinebarger, Goggan, Blair, Pena & Sampson, L.L.P. is proposing the resale of the listed properties.
Approval of the resolution will authorize the Nueces County Judge to execute a Resale Deed for
each of the properties listed.
sh/agenda, property.yel
~o/gi/g~g ib:~U LINEBARGER LAM FIRM a 88~51J1 NO.456 QO~
LINEBARGER GOGGAN BLAIR PElqA & SAMPSON, LLP
CORPUS C{-{RISTL I~XAS 784'/I
(3,',1) 888-6808
May 3, 2002
Ms. Lee Ann Dumbauld
Director of Finance
City of Corpus Cl~'isti
1201 Leopard St.
Corpus Christi, Texas 78401
Re: Proposed Tax Foreclosure Auction of resale properties - Saturday, June 15, 2002
Dear Ms. Dumbauld,
Please allow me to inlxoduce myself to you. I am Paui Chaps, Managing Partner of the
Corpus Christi Offxc¢ of Linebarger Goggan Blair Pefia & Sampson, LLP. Our law firm
represents the City of Corpus Christi, and all of the other taxing entities in Nueees County, in the
collection of delinquent property taxes. As part of our overall effort to collect the delinquent
taxes due to the City of Corpus Christi, and our other clients in Nueees County, we post many
properties for tax sale each year. Unfortunately, many of thase properties axe "Struck Oft" to the
taxing entities when no one offers the amount of the opening bid at sale. We then solicit written
bids for these "Struck Off" properties, and bring the resale offers before the taxing entities for
their consideration, in accordance with Texas law.
At the present tune there are over 300 properties on the Nueces County Resale List.
Many of these axe vacant lots in neighborhoods where there is very little new building activity or
demand for vacant property. Although the real estate market in Nueces County has improved in
recent years, our attempts to sell these properties through our regular procedure have been
unsuccessful. As long as these properties are off the tax rolls, they produce no revenue for the
taxing entities and must be maintained at the taxing entities' expense.
With this in mind we have carefully reviewed the inventory of tax resale properties in
Nueces County to identify those properties which have been "Struck OW' the tax roils for one or
more years, and on which there are no offers pending. We propose to offer these properfes for
sale at a public auction on the courthouse steps with a low opening bid. We believe this i~ the
best course of action to effect the sale of these properties and return them to the tax rolls as
revenue producing.
Enclosed herewith are two lists, with 97 total properties, all located within the City of
Corpus Christi. All of the properties meet the criteria of being "Stxuck Off' the tax rolls for one
~x~i/z~z 15:20 LINEBARGER LAW FiRM ~ 88~3151 NO.43G Q001
Lee .~m Dumbauld
May 3, 2002
Page 2
or more years ~tth no offer p~nding. We are asking the governing body of each taxing entity,
including the City of Corpus Christi, to approve the sale of these properties with an opening bid
of 30% of the most r¢c~nt tax appraisal value for the 79 properties being offered at resale auction
for the first time, and 10% of the tax appraisal value for the 18 c.~ry-over properties that did not
sell in last year's resale auction.
We plan to start our advertising carapalgn around May 15th and conduct the public
auction on Sun¢ 15, 2002. Therefore we respectfully request that you place th~s item on your
govemirlg body's agenda for the next available meeting. We will be present to explain the
proposal and answer any questions.
The taxing entities approved similar public auctions of mx resale properties in 1990,
1996, 1999, 2000 and 2001, which were successful in r~tuming a large number of properties to
the tax rolls. We expect to achieve comparable results with ~is proposal.
Your courtesy and cooperation in this matter are greatly appreciated. I look forward to
meeting you in p~rson, and if you l~ve questions regarding any of the above in the meantime,
please do not hesitate to contac! me at your convenience.
PDC/mcl
Enclosures
Ms. Nancy Mmzek
Accounts Receivable Manager
City of Corpus Christi
P.O. Box 9277
Corpus Christi, Texas 78469-9277
Mr. John Kendall
Administrator of Zoning and Code Enforcement
City of Corpus Christi
P.O. Box 9277
Corpus Christi, Texas 78469-9277
~b×S1/ZUUS lb~U LiNEBARGER LAW FIRM 9 888313i N0.456
Mr. Armando Chapa
City Secretary
City of Corpus Christi
P.O. Box 9277
Corpus Christi, Texas 78469-9277
RESOLUTION
AUTHORIZING RESALE OF NINETY-SEVEN (97) PROPERTIES SHOWN ON THE
ATTACHED AND INCORPORATED EXHIBITS WHICH WERE FORECLOSED UPON
FOR FAILURE TO PAY TAXES, FOR MINIMUM OPENING BID AMOUNTS OF 10% OF
THE MOST RECENT APPRAISED VALUE FOR 18 PROPERTIES WHICH DID NOT
SELL AT LAST YEAR'S AUCTION, AND 30% OF THE MOST RECENT APPRAISED
VALUE FOR 79 PROPERTIES; AUTHORIZING THE NUECES COUNTY JUDGE TO
EXECUTE A RESALE DEED FOR EACH OF THE PROPERTIES LISTED
WHEREAS, the taxing authorities hold in trust the ninety-seven properties (97) properties legally
described on the attached and incorporated Exhibit A;
WHEREAS, an auction may be scheduled to obtain the highest possible price for the taxing entities;
WHEREAS, the eighteen properties on Exhibit A, page 5, did not sell at last year's resale auction;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That pursuant to Section 34.05 of the Tax Code, the governing body of the City of
Corpus Christi hereby authorizes the resale of seventy-nine (79) properties shown on the attached
and incorporated Exhibit A which were foreclosed upon for failure to pay property taxes, for a
minimum opening bid amount equal to 30% of the most recent tax appraisal value. The minimum
opening bids are identified on the attached and incorporated Exhibit A.
SECTION 2. That pursuant to Section 34.05 of the Tax Code, the governing body of the City of
Corpus Christi hereby authorizes the resale of eighteen (18) properties shown on page 5 of the
attached and incorporated Exhibit A which were foreclosed upon for failure to pay property taxes,
for a minimum opening bid equal to 10% of the most recent tax appraisal value. The minimum
opening bids are identified on page 5 of the attached and incorporated Exhibit A.
SECTION 3. That the Nueces County Judge is authorized to execute a resale deed for each of the
properties listed on Exhibit A.
Attest: THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
Samuel L. Neal, Jr.
Mayor
Approved this the ~ day of ~ ,2002:
James R. Bray
O
City Attorney
By: .~?..~'~_ ~
Lisa Aguilar
Assistant City Attorney
CORPUS CHRISTI, TEXAS
DAY OF ., 2002
The above resolution 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
NUECES COUNTY RESALE AUCTION LIST
ITEM SUIT LEGAL DESCRIPTION DEED OPENING PROPERTY
# NUMBER FILED BID VALUE ACCOUNT NUMBER TYPE OF PROPERTY LOCATION
3
Z
3
4
6
6
3
8
0
3A
44
32
33
14
15
16
17
18
19
20
21
22
23
24
25
26
27
92-74" C
3
�
$41�
0043.0009.03310
uAgAAIt.WiS
9
3
894092.9
44" X un, or 1
$1 630
$9 080
ZR sc,
02/08198
$6,600
$.i8r94A
8660.0006-Q=
OI -6M1330 -D
&.7Jpp
$880
$3.176
7574.0002.01=1
14AGAOIT A
Gn Rn
lb""NQUam
98.287.2-610
RANGWOZANQUEZ64114619!03
33.380
$44,350
3303,.0000.-0300
$UA?AL-0lUSQ4V4=
40
412 RAI -WA
983390.Ai
Z 41 mK 44 m,cWop n
813100
52,390
$7. n59
0606,0034.0320
93-0483-A
813100
$630
$2,208
932 4=54=
6RA LULU"
330-iFA1AIN--.BfSkJOR
05di5Z-G
LII-BK30-BLSIJpp.pQ
SL7710i
S8p0
37,Og3
0606.0030.0050
VAQU94 I
ARgM64QU"
auscss-RJuty �aT
NU&C4$3 A4gp-L=
VACANT LOT
FRAME HOUSE
OS -4 1'l.
6814308LSfJGP-00V
3133[03
$800
$2,043
06964020 -OM
3!8/03
$2,060
$23,4"
0606.0023.0060
03-ss50.c
LT4634UV0ZS9)"
D1u/w
s2,s30
$7 765
z323.0°0o-363c
cc-ao.33
0134100
:2,320
$z'7sa
33234000.3840
c0 3z�z3
884493-E
97-3369-E
86-6867-G
87-5796-F
94-2514-E
96-0129-F
97-958-A
98-5468-E
97-1819-B
98-1356-F
89-2835-F
LT 7-A BK 16 H.H. SEGREST ADDITION
LT 3 BK 7 SHORELINE PARK
.72 AC RANKIN &.34 AC KLEBERG FARM TRACT
E/2 10-12, ALL 13-15 NE/4 BK D COLONIA MEX
4.58 AC LTS 1 & 2 SEC 6 BOHEMIAN COLONY
36.67' X 175', TRACT A, SCHATZEL TRACT
MID. 42' EAST 1/2 LT 15 PATRICK GARDENS
LT 15,16 & W 1/2 OF 17 BK 3 HIGHLANDS ADDN
LT 21 THRU 24 BK 12 HILLCREST
LT 1 BK 19 H.H. SEGREST ADDN.
LT 28 & 29 BK "B" BONITA ADDN.
4/6101
4/6/01
07/07/93
11/05/94
01/07/97
2/2/99
5/9/00
8/1/00
9/14/00
10/12/00
10/12/00
$2,030
$5,080
$14,780
$7,400
$6,870
$7,060
$5,900
$4,810
$11,960
$8,370
$1,970
$6,750
$16,914
$49,241
$24,657
$22,900
$23,529
$19,641
$16,029
$39,858
$27,883
$6,557
7886-0016.0080
8013-0007-0030
7115-0000-0265
1695-0012-0100
0847-0006-0013
7831-0006-0080
6458.0000-0157
3405-0003-0150
3443-0012-0210 (0230)
7886-0019-0010
0857-1234-0280
2313 SEGREST
2313 SUMMERS
1.05 ACRE COMMERCIAL LAND
COMMERCIAL BUILDING
UNDEVELOPED LAND
FRAME HOUSE
FRAME HOUSE
VACANT LOTS
FRAME HOUSE
FRAME HOUSE
VACANT LOT
VACANT LOT
VACANT LOT
2102 LIPAN
1305 N. STAPLES
LOS ROBLES DR.
315 S. CARRIZO
765 MOHAWK
1210 KENNEDY
2000 VAN LOAN
2221 CLEO
1443 BONITA
97-4344-B
LT 2 SE 1/2 BK "E" COLONIA MEXICANA
10/12/00
$240
$781
1695-0015-0020
1222 N STAPLES
97.4344-B
LT 29 BK 11 AUSTIN ADDN.
10/12/00
$2,860
$9,503
0315.0011-0290
3706 MORGAN
96-5530-G
LT 13 BK 10 VILLA GARDENS
10/12/00
$1,610
$5,359
9028-0010-0130 IVACANTLOT
606 SCOTT
Page l oj;
Auction is scheduled for
Cnlur.lnv fi,.,� l c ann,
i
i
NUECES COUNTY RESALE AUCTION LIST
ITEM SUIT
# NUMBER LEGAL DESCRIPTION DEED OPENING PROPERTY
FILED BID VALUE ACCOUNT NUMBER TYPE OF PROPERTY LOCATION
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
96-5104-G
LT 10 & 11 BK 5 HIGH TERRACE
11/13/00
$3,070
$10,224
3380-0005.0100
CONDEMNED HOUSE
2601 SONORA
95-4877-H
LT 1 & 2 BK 34 HILLCREST
11/13/00
$1,660
$5,525
3443-0034-0010
VACANT LOT
1802 PEABODY
93-2119-B
LT 1, 2 & S 15' LT 3 BK 31 HILLCREST
11/13/00
$2,030
$6,741
3443-0031-0010
VACANT LOT
2102 PEABODY
97-1819-B
LT 8 BK 4 CRAVEN HEIGHTS
12/21/00
$4,580
$15,238
1965-0004.0080
FRAME HOUSE
914 CARLISLE
93-1209-H
LT 28 BK 2 CARVER ADDN
12/21/00
$1,670
$5,535
1390-0002-0280
FRAME HOUSE
2809 TARLTON
97-1819-B
LT 7 BK 4 CRAVEN HEIGHTS
12/21/00
$2,630
$8,753
1965-0004-0070
VACANT LOT
916 CARLISLE
97-3198-H
LT 6 BK 9 HARLEM PARK
12/21/00
$1,300
$4,305
3232.0009-0060
VACANT LOT
3321 WASHINGTON
97-1997-F
LT 7 SK "B" DUNBAR ADDN
12/21/00
$1,700
$5,650
2175-0002-0070
VACANT LOT
2922 CARVER
98-3138-G
LT 19 BK 4 DONA PARK
1117/01
$2,790
$9,293
2132-0004.0190
FIRE DAMAGED HOUSE
1018 VERNON DR.
92-6498-G
LT 11 BK 3 JONES ADDN
2123/01
$3,390
$11,300
3795-0003-0110
VACANT LOT
1609 MESTINA
92-6498-G
LT 12 BK 3 JONES ADDN
2/23/01
$3,390
$11,300
3795-0003-0120
VACANT LOT
1605 MESTINA
92-6498-G
LT 13 BK 3 JONES ADDN
2/23/01
$3,900
$12,995
3795-0003-0130
VACANT LOT
1601 MESTINA
97-1363-G
LT 3 BK 4 BAY VIEW #2
3/6101
$2,090
$6,939
0487-0004-0030
VACANT LOT
1211 12TH ST.
97-0496-G
LT 1 BK "C' PR SMITH SUBDIVISION
3/6/01
$1,330
$4,403
8077-0003-0010
VACANT LOT
3201 AZTEC
95-5309-A
LT 15 BK 1 CORONADO ADDITION
5/9/01
$1,690
$5,608
1795-0001-0150
FRAME HOUSE - CONDEMNED
417 VERA CRUZ
93-2567-A
LTS 9 AND 10 BK 6 SEIKEL ADDITION
5/9/01
$1,490
$4,936
7891-0006-0090
VACANT LOT
615 ELEANOR
95.4990-G
LTS 28 AND 29 BK 1 HUGHES ADDITION
5/9/01
$2,120
$7,048
3603-0001-0280
VACANT LOT
1300 BK TENTH ST.
95-5307-H
LT 9 BK 2 CARVER ADDITION
5/9/01
$940
$3,105
1390-0002-0090
VACANT LOT
2746 GUADALUPE
95-5340-B
LT 2 BK 10 PAUL COURT
5/9/01
$2,550
$8,475
6463-0010-0020
VACANT LOT
1506 HOWARD
96-5529-F
LT 15 BK 12 FLOUR BLUFF PARK
4/6101
$1,700
$5,650
2540-0012-0150
VACANT LOT
1005 MCDONALD ST.
96-5529-F
LT 16 BK 12 FLOUR BLUFF PARK
4/6/01
$1,700
$5,650
2540-0012-0160
VACANT LOT
1009 MCDONALD ST.
93-2385-E
LT 9 BK 8 FLOUR BLUFF HEIGHTS
04/19/99
$1,230
$4,090
2523-0008-0090
VACANT LOT
SKIPPER LN.
91-4112-F
LT 10 & 11 BK 8 FLOUR BLUFF HEIGHTS
10113/99
$2,460
$8,180.00
2523-0008-0100(110)
VACANT LOT
SKIPPER LN.
96-4849-F
LT 8 BK 2 BLUE WATER SUBD.
8/1/00
$3,280
$10,910
0772-0002-0080
VACANT LOT
4010 MARLIN
96-4849-F
LT 10 BK 2 BLUE WATER SUED.
8/1/00
$3,280
$10,910
0772-0002-0100
VACANT LOT
4026 MARLIN
96-0849-F
LT 11A BK 2 BLUE WATER SUED.
8/l/00
$1,740
$5,780
0772-0002-0110
VACANT LOT
4034 MARLIN
96-4849-F LT 44 BK "R" DON PATRICIO
811100
$1,380
$4,583
1 2127-0018-0440
VACANT LOT
1933 LYNHURST
Auclion is scheduled for
Page 1 oj5 Saturday, June 15, 2002
NUECES COUNTY RESALE AUCTION LIST
ITEM SUIT LEGAL DESCRIPTION DEED OPENING PROPERTY
# NUMBER FILED BID VALUE ACCOUNT NUMBER TYPE OF PROPERTY LOCATION
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
964849-F
96-4849-F
LT 3 BK 9 FLOUR BLUFF POINT
LT 19 BK 4 WALDRON SUBD.
8/1/00
811/00
$1,350
$1,170
$4,493
$3,878
2550-0009-0030
9146-0004-0190
VACANT LOT
VACANT LOT
MARINE DR.
800 BK ESTER
964849-F
96.4849-F
96.4849-F
LT 20 BK 4 WALDRON SUBD.
LT 40 BK "M" DON PATRICK)
LT 3 BK 5 GATEWAY PARK
811/00
8/1/00
8/1/00
$1,170$3,678
$170
$1,300
$566
$4,313
9146-0004-0200
2127-0013-0400
2775.0005-0030
VACANT LOT
VACANT LOT
VACANT LOT
VACANT LOT
VACANT LOT
VACANT LOT
800 BK ESTER
1949 SUN LO
1226 NAGLE
96-4849•F
95-6616-G
96-4155-H
97-3916-H
93-1503-E
93-1503•E
95-3626-E
93-0886-G
93-0886-G
93-0886-G
93-1600-A
96-5130-C
96-5130-C
96-5130-
96-5130-C
96-5130-C
96-5130.0
95-5407-C
97-3373-B
88-2964-E
88-3253-E
89-4659-E
LT 4 BK 5 GATEWAY PARK
LT 7 BK 2 BAKERS ACRES
LT 7 & 8 BK 17 LAGUNA VISTA SHORES
LT 5 BK 3 POINT TESORO 1 PADRE ISLAND
LT 8 BK 10 FLOUR BLUFF POINT
LT 9 BK 10 FLOUR BLUFF POINT
LT 34 BK "K" DON PATRICK)
LT 35A BK 7 FLOUR BLUFF HEIGHTS
LT 37A BK 7 FLOUR BLUFF HEIGHTS
LT 38A BK 7 FLOUR BLUFF HEIGHTS
LT 22-E BK "H" FLOUR BLUFF ESTATES
TRACT A LT 3 BK H FLOUR BLUFF ESTATES
TRACT B LT 3 BK H FLOUR BLUFF ESTATES
TRACT C LT 3 BK H FLOUR BLUFF ESTATES
TRACT D LT 3 BK H FLOUR BLUFF ESTATES
TRACT E LT 3 BK H FLOUR BLUFF ESTATES
N 1/2 LT 4 BK t FLOUR BLUFF ESTATES 2
LT 46 BK "H" DON PATRICK)
LOT 8-B BK 8 FLOUR BLUFF ESTATES #2
LT 9 BK 6 WALDRON SUBDIVISION
LT 15 BK 2 KINGWOOD ADDITION
LT 8 BK 3 FLOUR BLUFF GARDENS
8/1/00
10/12/00
10/12/00
12/21/00
12/21/00
12/21/00
12/21/00
12/21/00
12/21/00
12/21/00
12/21/00
1/17/01
1/17/01
1117/01
1/17/01
1117/01
1117/01
5/9/01
5!9/01
5/9101
5/9/01
5/9/01
$1,300
$2,790
$2,710
$1,800
$1,700
$1,700
$1,180
$1,350
$1,350
$2,340
$2,450
$3,360
$1,430
$1,430
$1,070
$1,070
$1,730
$850
$1,770
$1,160
$1,590
$880
$4,313
$9,297
$9,018
$6,000
$5,650
$5,650
$3,928
$4,498
$4,498
$7,770
$8,163
$11,178
$4,737
$4,737
$3,552
$3,552
$5,750
$2,806
$5,882
$3,853
$5,283
$2,901
2775-0005-0040
0366-0002-0075
4130.0017-0070
6817-0003-0050
2550-0010-0080
2550-0010-0090
2127-0011-0340
2523-0007-0350
2523.0007-0370
2523-00070380
2486-0008-0229
2486-0008-0030
2486-0008-0032
2486-0008-0034
2486-0008.0036
2486-0008-0038
2487-0001-0040
2127-0008-0460
2487.0008-0080
9146-0006-0090
3939.0002-0150
2495-0003-0080
1222 NAGLE
2200 BK. SENTINEL
133 CLEARVIEW
VACANT LOT
TESORO DR. -PADRE ISLAND
VACANT LOT
1005 STONE
VACANT LOT
1001 STONE
VACANT LOT
VACANT LOT
2021 CRESTMONT
226 VALERIE
VACANT LOT
230 VALERIE
VACANT LOT
234 VALERIE
VACANT LOT
MELODY LANE
VACANT LOT
PICTURE COURT
VACANT LOT
PICTURE COURT
VACANT LOT
PICTURE COURT
VACANT LOT
VACANT LOT
VACANT LOT
PICTURE COURT
PICTURE COURT
526 MILITARY DR.
VACANT LOT
1925 SANDY WAY
VACANT LOT
VACANT LOT
500 BK. WEBB
833 ESTER DR.
VACANT LOT
4200 BK EASY ST.
VACANT LOT
629 JUNE ST.
Page 3 of 5
Auction is scheduledf,,
Salurdav 1,,., It inno
NUECES COUNTY RESALE AUCTION LIST
ITEM SUIT LEGAL DESCRIPTION DEED OPENING PROPERTY
# NUMBER FILED BID VALUE ACCOUNT NUMBER TYPE OF PROPERTY LOCATION
82
83
84
85
86
87
Ba
93
91
93
94
96
96
99
100
101
102
103
104
105
106
307
308
95-3698-A
95-5407-C
95-5407-C
97-685-0
N 1/2 LT 7 BK 1 FLOUR BLUFF ESTATES #2
LT 13 BK "B" DON PATRICIO
LT 14 BK "B" DON PATRICIO
5/9/01
5/9/01
5/9/01
41610.3
$1,730
$260
$260
$1.340
$5,750
$842
$842
$31r739
2487-0001-0070
2127-0002-0130
2127-0002-0140
2463-0003-0030
VACANT LOT
VACANT LOT - NO ACCESS
VACANT LOT - NO ACCESS
6RACA6-kIWJS6
622 MILITARY DR.
OFF WALDRON RD.
OFF WALDRON RD.
494"
$1 Roo
$5,144
3430.0005.003"
1WCgpl7�p=
99496-6
$6x970
$17,333
3j3$."QQ1."igo
roeee.�+:� i.�
96 40911
811:"0
c; l'0
$14x061
026040054M
FRAM64iQysfi
97.3$3933
89=
$1Qg
$11 Ago
3151 nn4l Q0g0
FRAME34Qy$�
gg55:Q7i
24231"L
$3x$00
$6e000
"3g:-"g"4-Qoon
DG -1603.E
g==
3$6
3430.40024460
"A:AN LQZ
"5-7563-C.
31g/Q7•
$4�6gg
$36,1$2
7669 A094-033"
C01404CRGIAI D, no,moi$
933"9911
316/"3
$1'780
S7i93"
4739.0$01.03,0
IONA
3930.Ckgp
g34b(L4-C
3/$/93
ig7"
$775
9g7g-g"9Z-99g"
1/A,QZ
3:6/$3
11,969
$3,690
7436.9999 .9139
Y+4GANL7,QT
97.3666.k1
3/970.1
$690
$11194
4633.9907-03711
"A.APIT. T
400 WK Q=b',Zo.R^psTQAM-
$93697..6
316103
Sg90
$11966
63411.9903.0030
VACApLZ4=
334.CAKG'jo,
$41679
$35x664
343(1903g.0.1.75
�.�
97-2156-D
93-2833-E
97-3676-E
97-0496-G
98-3142-A
86-3613-A
97-4451-F
97-1827-E
LT 11 BK 4 HUDSON ACRES
LT 10 BK 3 HUDSON ACRES
1 ACRE SURVEY 166 AB 109
LT 11 BK 3 SAN JUAN #2-CLARKWOOD
LT 16 BK 1 SAN JUAN ADDN - CLARKWOOD
LT 7-C BK 10 MOLINA #2
W 50' OF E 150' LT 13 BK 10 MOLINA #2
LT 22 BK 1 WASHINGTON ADDN
12/21/00
12/21/00
1/17/01
3/6/01
5/9/01
02/06/96
10/12/00
12/21/00
$1,990
$1,990
$1,800
$610
$950
$1,250
$1,500
$1,950
$6,626
$6,626
$6,000
$2,025
$3,151
$4,148.00
$5,000
$6,478
3593-0004-0110
3593-0003-0100
0280-0080-1400
7625-0003-0110
7627-0001.0160
5281-0010-0076
5281-0010-0135
9253-0001-0220
VACANT LOT
VACANT LOT
VACANT LOT
VACANT LOT
VACANT LOT
VACANT LOT
VACANT LOT
VACANT LOT
1634 MAIN DR.
1304 MAIN DR.
MCGLOIN RD-CLARKWOOD
9033 SIMON
9106 SIMON
4546 MOLINA DR.
737 VILLARREAL
1025 NATIONAL
88-643"
07134/91
$1"0
5947
1436.0000.043"
>lACAW7:LOi
fl8-1883-G
61361"0
Sg60
$94"7
9736.0IL
006."330
iIA .ADIX 1
on 7g
Page 4 of Auction is scheduled for
Saturday. June ls. 2002
4
- ----'�" "�+�•� • • •��vr+�a� I'1vv t IVIY LIJ I
ITEM SUIT LEGAL DESCRIPTION DEED OPENING PROPERTY '
# NUMBER FILED BID VALUE ACCOUNT NUMBER TYPE OF PROPERTY LOCATION
.09
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
31Z
396
92-8233-G
95-3029-G
90-1115-E
LT 14 BK 2 CITIZENS ADDITION
LT 7 SK 3 JONES ADDITION
LT 3 & 4 SK 64 BLUFF PORTION
5/9/00
03/24/99
3/31/00
$2,380
$1,280
$700
$23,792
$12,708
$6,955
1593-0002-0140
3795-0003-0070
0797-0064-0030
HOUSE/DUPLEX
VACANT LOT
VACANT LOT
1709 LEXINGTON AVE
506112 N BROWNLEE
CHIPITO ST.
90-1115-E
90.1115-E
965110-G
895087-G
875800-0
92-8233-G
97-5532-G
96-1465-G
90.4659-B
90-4659-B
90-4659-B
904659-B
95-54W
947145-G
97-3907-B
LT 4 BK 68 BLUFF PORTION
LT 7 BK 69 BLUFF PORTION
LT 5 & N 20' LT 3 BK 62 BROOKLYN ADDITION
LT 913K 67 BLUFF PORTION
LT 3 & 4 BK 1 CLARKSON ADDITION
LT 15 BK 2 CITIZENS ADDITION
LT 8 & W 15' LT 9 BK 23 CHAMBERLAIN SUBD
PORTION OF LT 34 GLENOAK SUBDIVISION
TRACT "B" LT 27 BK "H" FLOUR BLUFF EST
TRACT "A" LT 27 BK "H" FLOUR BLUFF EST
TRACT "E" LT 27 BK "H" FLOUR BLUFF EST
TRACT "D" LT 27 BK "H" FLOUR BLUFF EST
LT 23B & 23C BK "H" FLOUR BLUFF ESTATES
LT 6 SURFSIDE ADDITION
EAST 1/2 LT 3 BK 6 LAGUNA ACRES
3/31/00
3131/00
3/31100
3131100
5/9/00
5/9/00
6/16/00
12/05/97
09/12/97
09/12/97
09/12/97
09/12/97
4/7/00
06/24/98
519/00
04132!92
$380
$380
$2,810
$480
$710
$430
$540
$4,820
$480
$480
$480
$480
$810
$1,520
$550
$.1.350
$3,750
$3,750
$28,051
$4,750
$7,013
$4,277
$5,340
$48,180
$4,737
$4,737
$4,737
$4,737
$8,042
$15,200
$5,460
$33.366
0797-0068.0040
0797-0069-0070
1055-0062-0030
0797-0067-0090
1608-0001-0030
1593-0002-0150
1512-0023-0080
2843-0000-0345
2486-0008-0272
2486-0008-0270
2486.0008-0028
2486.0008-0026
2486-0008-0232
8626.0000-0060
4100-0006-0030
3660J:4330.0350
VACANT LOT
VACANT LOT
VACANT LOT
VACANT LOT
VACANT LOT
VACANT LOT
VACANT LOT
4.15 AC LAND -NO ACCESS
VACANT LOT
VACANT LOT
VACANT LOT
VACANT LOT
VACANT LOT
WATERFRONT LOT
VACANT LOT
Fpgpp6-plpYSfi
1300 BK RAMIREZ ST
1300 BK RAMIREZ ST
3800 BK TIMON BLVD
1000 BK LAKE ST
1113 SAM RANKIN
1713 LEXINGTON AVE
1011 MARGUERITE
WALDRON RD -NO ACCESS
PICTURE CT -NO ACCESS
PICTURE CT -NO ACCESS
PICTURE CT -NO ACCESS
PICTURE CT -NO ACCESS
300 BK MELODY LN
3000 BK LAGUNA SHORES
1037 HORNE RD
804453-6&INAI.Z0W=pFi041:1,,411
$3,290
532,231
343.r0024.02Z0
6AAMfi klpLLSE
Auction is scheduled for
. Page 5 of Saturday, June 15, 2002
9
CITY COUNCIL
AGENDA MEMORANDUM
City Council Meeting May 28, 2002
AGENDA ITEM: Resolution authorizing the City Manager, or the City Manager's
designee, to submit a grant application to the U S. Department of Housing and Urban
Development in the amount of $400,000 for a Youthbuild grant to provide youth between
the ages of 16-24 the opportunity to earn a GED, receive training in construction, and build
homes for Iow-income families, with $243,000 in cash and in-kind contributions from the
Youth Opportunity United, KPE - Development, Gill Roofing, Nueces County Community
Action Agency, Nueces County Public Health District, Workforce Network, Corpus Christi
Independent School District, and Regional Transportation Authority, and a $15,000 in-kind
from the City of Corpus Christi Weed and Seed Program, and a total project cost of
$658,000.
ISSUE: Corpus Christi has a high dropout rate and needs to expand the supply of
affordable housing for Iow-income persons. The City also has a short supply of skilled
construction trade workers which is instrumental in expanding new home construction.
This program will address these issues by providing an educational and training
component for disadvantaged young adults who are either at risk or high school dropouts.
REQUIRED COUNCIL ACTION: The application requires approval from the governing
body of the applicant.
FUTURE COUNCIL ACTION: Acceptance of HUD funds and subsequent appropriation
of the funds for the FY 2002 Youthbuild Program.
RECOMMENDATION: Staff recommends the City Council approval of the submission of
the Youthbuild grant and authorize the City Manager or his designee to sign as the
authorized representative for the City of Corpus Christi.
Margie C. Rose
Assistant City Manager
BACKGROUND INFORMATION
The purpose of the Youthbuild Program is to assist disadvantaged young adults (between 16-24)
in distressed communities in completing their high school education, provide on-site construction
training experiences which also results in the rehabilitation or construction of housing for homeless
persons and Iow- and very Iow-income families, to foster leadership skills, to further opportunities
for placement in apprenticeship programs, and to promote economic self-sufficiency. This year,
HUD has approximately $59 million to award to new and existing organizations to implement or
sustain Youthbuild programs.
The City of Corpus Christi, in partnership with the CCISD-Adult Learning Center and Workforce
Network, are proposing to implement a Youthbuild Program in Corpus Christi and are requesting
$400,000 from the U.S. Department of Housing and Urban Development. The funds will be used
to administer and implement the program over a 30-month period. Staff will spend approximately
6 months planning, 12 months of implementing the program, and 6 months providing follow-up
assistance to students. As recommended by HUD, the goal of the program is to enroll between
20-30 students during the first award contract.
Students who live in economically distressed census tracts, including the Renewal Community and
Weed and Seed designated areas, will be recruited to participate in the program. Through the City's
Rehab program, students will assist in the rehabilitation of two homes within the Renewal
Community during the contract period.
The proposal includes hiring of a Youthbuild Director, who will report to the HCD Director, and
contracting with CClSD to hire a Construction Education Supervisor, Construction Trainer and a
Case Manager/Leadership Coordinator. The Youthbuild Director will coordinate all aspects of the
program, serve as the liaison between the City and CCISD, and provide necessary reporting
documentation to HUD.
The following resources have been leveraged in support of the City's Youthbuild application:
· YOU- $5,000 in-kind
· KPE - Development- $50,000 in-kind
· Gill Roofing - $1,000 in-kind
· CCISD - $110,000 in-kind
· Nueces County Community Action Agency - $2,000 in-kind
· RTA- $10,000- $19,000 in-kind
· Workforce Network- $45,000 cash and in-kind
· Weed and Seed- $15,000 in-kind
· Nueces County Public Health District $20,000 in-kind
Total Leveraged $258,000
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S
DESIGNEE, TO SUBMIT A GRANT APPLICATION TO THE U. S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT IN THE
AMOUNT OF $400,000 FOR A YOUTHBUILD GRANT TO PROVIDE
YOUTH BETWEEN THE AGES OF 16-24 THE OPPORTUNITY TO
EARN A GED, RECEIVE TRAINING IN CONSTRUCTION, AND BUILD
HOMES FOR LOW-INCOME FAMILIES, WITH $243,000 IN CASH AND
IN-KIND CONTRIBUTIONS FROM THE YOUTH OPPORTUNITY
UNITED, KPE - DEVELOPMENT, GILL ROOFING, NUECES COUNTY
COMMUNITY ACTION AGENCY, NUECES COUNTY PUBLIC HEALTH
DISTRICT, WORKFORCE NETWORK, CORPUS CHRISTI
INDEPENDENT SCHOOL DISTRICT, AND REGIONAL
TRANSPORTATION AUTHORITY, AND A $15,000 IN-KIND MATCH
FROM THE CITY OF CORPUS CHRISTI WEED AND SEED PROGRAM,
AND A TOTAL PROJECT COSTS OF $658,000
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 submit
a grant application to the U. S. Department of Housing and Urban Development in the
amount of $400,000 for a Youthbuild grant to provide youth between the ages of 16-24
the opportunity to earn a GED, receive training in construction, and build homes for Iow-
income families. The Youth Opportunity United, KPE - Development, Gill Roofing,
Nueces County Community Action Agency, Nueces County Public Health District,
Workfome Network, Corpus Christi Independent School District, And Regional
Transportation Authority will provide $243,000 in cash and in-kind contributions towards
the project. The City's Weed and Seed Program will provide an in-kind match of
$15,000. The total project costs is $658,000.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: 23rd day of May, 2002.
James R. Bray Jr.
City Attorney
By: ~
First Assistant City Attorney
Samuel L. Neal, Jr.
Mayor
R24024A'~
10
CITY COUNCIL
AGENDA MEMORANDUM
Council Meeting: May 28, 2002
AGENDA ITEM:
Motion approving the submission of FY 2002-2003 Community Youth Development
Programs in the amount of $500,000 to the Texas Department of Protective and
Regulatory Services as recommended by the 78415 Community Youth Development
Steering Committee.
ISSUE:
The Texas Department of Protective and Regulatory Services (TDPRS) anticipates
continued funding for the Community Youth Development (CYD) Program in various cities
throughout the state. The City of Corpus Christi may apply for a sixth year of funding in the
amount of $500,000 for Fiscal Year 2002-2003 to be used for programs in the 78415 ZIP
Code area. The City serves as the Fiscal Agent and not the Grant Administrator as in
other program areas. The 78415 CYD Steering Committee has utilized an objective
consensus scoring tool for all proposals submitted. Their recommendation to City Council
is based on many hours of review and consideration. Any changes to the Steering
Committee's recommendation by the Fiscal Agent will cancel any contract with TDPRS for
78415 Community Youth Development Program funds for Fiscal Year 2002-2003, and the
78415 ZIP Code area will not receive any funding. In order to be considered for funding in
Fiscal Year 2002-2003, proposals must be delivered to TDPRS by Friday, July 1, 2002.
BACKGROUND INFORMATION:
On May 27, 1997, the City Council approved a transfer agreement with the Workforce
Development Corporation pertaining to the Community Youth Development Contract with
the Texas Department of Protective and Regulatory Services (TDPRS) for the 78415 CYD
Program, and executed a contract with TDPRS. Council also passed a resolution
(#022938) establishing the Community Youth Development Steering Committee. Since
then the City has served as the Fiscal Agent for the program and entered into subcontracts
with many community agencies for CYD service. This year's subcontracts are with Boys
and Girls Club, Communities In Schools, Inc., Park and Recreation Department, and Youth
Odyssey, Inc. (Ordinance #024544).
FUTURE COUNCIL ACTION:
If the proposal is approved by TDPRS, Council will be able to approve a contract between
the City of Corpus Christi, TDPRS, and the various subcontractors.
Page 2, Agenda Memorandum
STEERING COMMITTEE REVIEW:
The 78415 Community Youth Development Steering Committee used a comprehensive
process for their consideration of four separate program proposals. First of all, each
Steering Committee member reviewed each proposal using a specifically developed
evaluation form. Then the Steering Committee met and reached a consensus score on all
proposals. One proposal did not meet the minimum score requirements and was
immediately removed from any further consideration. Funds ware then allotted beginning
with the highest ranked proposal until all the available funds were distributed. Adjustments
lowering the amount of funding requested were made to one of the proposals because of
items that were not considered allowable by the Department of Protective and Regulatory
Services (PRS). Communities in Schools, Inc., requested amount was reduced by $42,479
for these unallowable costs. Another proposal's budget was adjusted based on PRS
guidelines that the Fiscal Agent must limit the percentage of funding awarded for their own
programs. The Park and Recreation Summer Youth Program was reduced by $640 to meet
these guidelines. The CYD Steering Committee approved the program package in a
special called meeting on May 9, 2002.
RECOMMENDATION:
Staff recommends approval of the proposed programs for the 78415 ZIP Code area.
Marco A. Cisneros, Director
Park and Recreation Department
ADDITIONAL SUPPORT MATERIAL
Background Information ~R
Contract Summary n
Ordinance/Resolution FI
Map(s) n
CITY COUNCIL
AGENDA MEMORANDUM
Additional Background Information
BACKGROUND:
In March 2002, TDPRS informed all CYD contractors (including the City of Corpus Christi)
of the anticipated funding level ($500,000) for Fiscal Year 2002-2003. In preparation, the
City, as current Fiscal Agent, called for proposals from the community. Public notice of this
was advertised in the newspaper February 23 and March 2, 2002 and all current
subcontractors were informed. Four proposals requesting funding for $ 482,433 were
reviewed.
The 78415 Community Youth Development Steering Committee received four hours of
intensive training in the consensus scoring process from State-sponsorad trainers after a
careful refinement of the Request for Proposal and Evaluation Tool. The Steering
Committee received proposals during the first week of April 2002 and began their review
for the Fiscal Year 2002 - 2003. After reviewing the four proposals submitted, the
Steering Committee scheduled three consecutive Thursday special called night meetings
to complete the consensus scoring process for all four proposals submitted.
On May 9, 2002, the 78415 Community Youth Development Steering Committee voted to
recommend the following proposals for submission to TDPRS:
1. Communities In Schools
Mentoring, Activities, and Pre-employment Program
$ 353,400
2. Park & Recreation Department
Summer Youth Recreation Program
$ 23,561
3. Youth Odyssey, Inc.
Adventure Challenge Program
$ 35,765
4. Fiscal Agent (contract management fees)
$ 87,274
TOTAL $ 500,000
Page 2, Additional Background Information
The proposals must be received by TDPRS by July 1, 2002 in order to be considered for
funding under the Community Youth Development (CYD) Program. According to TDPRS
policy guidelines for the CYD Program, it is not within the Fiscal Agent's power to
adjust or amend the funding recommendation of the Steering Committee. Any
changes to the Steering Committee's recommendation by the Fiscal Agent will cancel any
contract with TDPRS for the Community Youth Development Program and the 78415 ZIP
Code area will not receive any funds.
In 1995, the Texas Department of Protective and Regulatory Services developed a
program to fund local grass roots efforts in the highest juvenile crime areas of the state by
ZIP Code. The program sought to create activities that were not currently available within
the local 78415 ZIP Code area. These activities were made available to youth ages 17 and
under. Eligible activities must fall within the following categories: mentoring, activities,
employment or education.
In FY 98-99, thirteen ZIP Codes in thirteen cities (McAllen, Galveston, El Paso, Amarillo,
Corpus Christi, Brownsville, Austin, Houston, Fort Worth, Dallas, San Antonio, Waco,
Lubbock) each received $500,000 to either continue the same youth programs started the
previous year or begin new programs. For FY 97-98, CYD programs for the 78415 ZIP
Code expended $511,747.91 of the $566,764.40 awarded. The total subcontractor
participant goal of 3,718 wes surpassed as 9,095 youth were served cumulatively during
the 97-98 fiscal year, September 1, 1997 to August 31, 1998.
On June 23, 1998, the City Council approved nine programs locally. These programs were
the Mentoring and Activities Program with Communities In Schools, the Summer Activities
Program with the Park and Recreation Department, the Computer Outreach Program with
the Corpus Christi Public Library, Community Connection Volunteers and ROPES Program
with C.C.I.S.D., the Project Jumpstart with the Volunteer Center of the Coastal Bend, the
YTeen Program with the YWCA of Corpus Christi, the 78415 Girl Scout Troop Program
with the Paisano Gid Scout Council and Camp Genesis with the Corpus Christi Housing
Authority. Services began on September 1, 1998.
In December 1998, TDPRS informed all CYD contractors of an opportunity to receive up to
an additional $32,600 to add new programs for youth services in the 78415 ZIP Code.
Public notice of the request for proposals wes advertised in the newspaper and proposal
request packets were mailed to outside organizations and all current subcontractors.
On February 16, 1999, the City Council approved the programs recommended by the
Community Youth Development Steering Committee to create additional services for the
youth in the 78415 ZIP code. These programs were Family Camping Weekend and Riding
Camp provided by the City of Corpus Christi Park and Recreation Department and a
Summer Academic Camp provided by Fannin Elementary School (Corpus Christi
Independent School District). With the additional funding, the Community Youth
Page 3, Additional Background Information
Development Program totaled $ 532,600 for Fiscal Year 1998-1999. For the cumulative
period September 1, 1998 to August 31, 1999, 12,706 youth were served by the 78415
CYD programs, greatly surpassing the subcontractor goal of 4,048.
On June 22, 1999, Council approved 5 programs for Fiscal Year 1999-2000 totaling
$500,000. These programs were the 78415 Troop Program with the Gid Scouts Paisano
Council, the Family Matters/Project JumpStart Program with the Volunteer Center of the
Coastal Bend, and the Adventure Challenge Program with Youth Odyssey, Inc. Services
began on September 1, 1999 and ended August 31,2000. Cumulatively, 4,3,33 youth were
served by the 78415 CYD program.
On August 22, 2000, Council approved 4 programs for Fiscal Year 2000-2001 totaling
$500,000. These programs were the Mentoring and Activities Program with Communities in
Schools, Inc., the Recreation Center Program with the Housing Authority of Corpus Chdsfi,
the Youth Recreation Program with the Park and Recreation Department, Services began
on September 1, 2000. 6,851 youth were served by 78415 CYD program for the
cumulative period September 1, 2000 to August 30, 2001.
On August 21, 2001, Council approved 4 programs for Fiscal Year 2001-2002 totaling
$500,000. These programs are the Teen Club Program with the Boys and Girls Club, the
Mentoring and Activities Program with Communities in Schools, Inc., the Youth Recreation
Program with the Park and Recreation Department, and the Adventure Challenge Program
with Youth Odyssey, Inc. For the cumulative period September 1,2001 to April 30, 2002,
5,220 youth were served by 78415 CYD program.
On March 19, 2002, Council approved $1,665 in funding from the Texas Department of
Protective and Regulatory Services for youth to attend a leadership development
conference. Seven members of the 78415 Youth Advisory Committee and three adult
sponsors will travel to Ft. Worth, Texas in July 2002 to attend the 4th Annual CYD Teen
Summit held at Texas Christian University.
11
CiTY COUNCIL
AGENDA MEMORANDUM
City Council Meeting - May 28, 2002
AGENDA ITEM:
A. Motion granting permission to Barney's Place, Inc. for pilings installation at the Corpus
Christi Marina.
B. Motion granting permission to the RTA for pilings installation at the City Barge Dock and at
the Texas State Aquarium.
C. Ordinance amending Section 12-2 of the Code of Ordinances, City of Corpus Christi,
regarding placing obstructions in Corpus Christi Bay; providing for penalties; providing for
severance; and providing for publication.
ISSUES:
Various groups are involved in putting together the infrastructure to allow a harbor ferry
operation to function within the Corpus Christi Bay. Bamey's Place, Inc. is responsible for
establishing the harbor ferry "depot" at the Corpus Christi Marina, specifically at slips number
52 and 53 located on the People's Street T-Head. The RTA is responsible for establishing the
harbor ferry depots at both the City Barge Dock and the Texas State Aquarium. In order for
either of these organizations to create these depots, pilings must be placed and docking
facilities built. Permission is being sought to allow these pilings to be placed as designed.
Additionally, the current ordinance specifies that placement of any obstruction of any character
whatsoever within the waters of Corpus Chdsti Bay must be approved by the City Council. The
ordinance does not recognize that under certain cimumstances another organization or party
might more appropriately approve such installations. For example, in the Corpus Christi
Madna, the Madna Superintendent has the expertise to judge whether a post, stake, wharf, pier
or piling should or should not be installed. The proposed changes to the ordinance provide that
either the Marina Superintendent, the Petroleum Superintendent, the City Manager or the City
Manager's designee provide the approval, depending on the circumstances. The proposed
ordinance further stipulates that the approving party ensure that all appropriate permits or
authorizations are provided, that the applicant provides plans and gets a building permit in
order to install any of these described obstructions.
REQUIRED COUNCIL ACTION:
Current ordinance requires that City Council approve any requests to place pilings at any
location within the Corpus Christi Bay.
RECOMMENDATION: Staff recommends approval as presented.
ADDITIONAL SUPPORT MATERIAL
Background Information
Ordinance
Marco A. Cisneros, Director
Park and Recreation Department
X
X
AGENDA MEMORANDUM
BACKGROUND INFORMATION
The City of Corpus Chdsti is currently working with a number of organizations in order to
establish a harbor ferry service within the Corpus Christi Bay. The harbor ferry will have
three points of departure, or three "depots." One depot will be located at slips number 52
and 53 on the People's Street T-Head. This depot is being built by Barney's Place, Inc.
The RTA will be improving the other two arrival/departure points at the City's Barge Dock
and the Texas State Aquarium. Both entities are prepared to begin construction of the
docking facilities needed for the harbor ferry, but must obtain permission from the City
Council to install the pilings necessary to support the operation. Everything is in order,
including the necessary construction permits, to begin this work except for the permission
by City Council being granted.
In addition, the existing ordinance, Section 12-2, only states that installation of any
obstructions in the City's Bay must be approved by City Council. It does not provide that
anyone else is capable of giving that authorization, nor does it require anyone to ensure
that all other permits or authorizations are in place or that plans for construction be
provided. Consequently, an organization wishing to install an obstruction in the Corpus
Christi Bay need only apply for permission to the City Council, regardless of the appropriate
or inappropriate nature of the project. The proposed changes to this ordinance seek to
remedy that situation.
May-24-02 0B:32A P.02
Regional
Transportation
Authority
May 23, 2002
Peler l)avidson, Marina Superintendent
Cily of ('orpus Christi
ILO. Box 9277
CorlmS ('In lsli, Texas 79469.,)907
Subject:
Piling Maintenance h~r Regional Transportation Authority Harbur
Ferry Service at City Barge Dock and Texas Stale Aquarium Dock
l)ear Mi l)avidson:
tirsh Icl me express our aplweciation I\;,' the excellent supporl yoo have l~rovided
Io the Rcgitnlal Transportation Authority (RTA) Ibr lhe planning of the RTA's Harbor
Ferry new slop location on the People Street 'F-I lead. You and your stat'f have provided
excellent guitkmcc from the "get-go" on this expanded l larbor Ferry project. I am
¢ertaia this new Harbor Ferry stop will be rccognized as a more convenient point of
accessing the Harbor Ferry. to thc benefit oF tourists and citizeos of Corpus (?hristi
needing ahernalivc transportation service across thc Corpns Christi Ship Chamlcl.
Second. Ibis letter represents the RTA's requesl to the City of ('orpus Christi For
approwd tff Ihe I{'l'A's plan lo construct piling improven~ents at the City Barge I)ock :md
at die Tcxas State Aquarium Dock. As you know, thc Harbor Ferry has operated al these
lwu dock.,, for Ihe past eighl years, aad the RTA has recently recognized lo peri'otto
Illnit~ten.ttv..e-relaled improvements al both sites:
u I,} remove and replace a Iolal of Iwelvc (12) timber piles at the barge dock
At Ibc Texas Slate Aquarium dock, RTA has is seeking an allernative to
t ondnuously replacing pilings anti the high associated costs. We are proposing
Iht use o1' "lrapezoidal dock fenders" m lieu of pilings at thc aqnarium docking
lacility. A rubberized seclion is proposed to be mounted againsl thc concrete
I,ulkhead. In shorl, the funds the RTA has earmarked Ibr timber piling
improvements would include removal of the existing pilings at Ibc Aquarium
docking I'acilily, and replacing Ihem with the U'apezoidal dock Iknders. It is our
underslanding that the Poa of Corpu~ Christi Aulhorily is using a similar typc
ur]'angemcnl al some of ils docking slalions.
(b61 26q-2712 · 5658 Bear Lane - Cerpus Christh Texas 78405 - Fax (361) 2B9 30.q7
May-24-02 09:33A P.03
Work at [~otb Iocatiot~S, contingent on approval by the City of Corpus Christi.
ser~'icc period (beginning Ma~
planned Following the end of the npcoming Ilarbor Ferry . · . before Ihe end
. , . .- _ andbemgc°mple~cd
24, 2002 m~d ending Labor Day, Septembe~ 2 ~00°)
of Dcccml~cr 2002. Il is our understanding lhal the City Council alone has appr~val
timber piling work
that thc L'orp~ of [~nginccrs has already advised lhttl ii, is type of
cot~sistt'~ with work that can be authoriT.ed under Nttltonwtde permit I. it no,x-reporting
audlori/.;~llOll Ihtlt allows placcn~ent of aids to navigation.
Specifications [or Ibc improvements a,'c being deYelopcd by Naismilh
. your recommendations as well as Iht)se ol tbe C'ty's
ng(NEi) ~tccordi~g lo
¢ll~illt'Cl'l'lg- IllC. . ' , ' - -' "s. This work w Il be in addilion t}} timber
slil~s 1~52 a id ~53), which will be undertaken separately by Ibc ~arbor Ferry contractor,
game y' s l~l~cc I nc.
l'cter, thunk you again [or your help iu scheduling this i~em before the City
Council for ils consideralion and approvul, ll' the RTA can he o[ any assistance to the
hesitale Io call uptm us. The RTA
ihe Corpus Christi Marina in any way. please do nol , c t..,_lus CIll ist~ for providiug
will I,~,~k I't}rward ti) a continued parlnershil) wit ~ lhe (~ty o~ ~,,q ~ '. '
~m c[feclJvc alld eHlcicnl Iransporlation system.
S ~cc~el~,
Xc;
[)avid V. Seller, P.E.
Director oF Operations
Ronald F. Massey, Assistanl City Mallagcr
'Angel R. Escob~'u'. P.E.. Direclor of Engineering Services
AN ORDINANCE
AMENDING SECTION 12-2 OF THE CODE OF ORDINANCES, CITY OF
CORPUS CHRISTI, REGARDING PLACING OBSTRUCTIONS IN
CORPUS CHRISTI BAY; PROVIDING FOR PENALTIES; PROVIDING
FOR SEVERANCE; AND PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. Section 12-2, Code of Ordinances, is revised to read as follows:
"Sec. 12-2. Placing obstructions in Corpus Christi Bay.
"(a) It shall be unlawful for any person to place or cause or permit to be placedT any
post, stake, wharf, pier or piling or any obstruction of any character whatsoever in the
waters of Corpus Christi Bay within the city~ without first having obtained permission
from one of the followinq officials:
"(1) Marina Superintendent in the case of the installation of any post, stake,
wharf, pier or piling or any obstruction within the Corpus Christi Marina.
"(2) Petroleum Superintendent in the case of the installation of any post, stake,
wharf, pier or piling or any obstruction that is related to an oil or gas facility.
"(3) City Manager, or the City Manager's desiqnee, in all other cases.
"(b) Before qranting permission, the official shall determine whether the applicant has
obtained any required permits or authorizations for the installation from the Texas
General Land Office, U. S. Army Corps of Engineers, and U. S. Coast Guard.
"(c) In addition1 the applicant must submit plans and obtain a building permit for the
installation of any post, stake, wharf, pier or piling or any obstruction from the Building
Official under Sections 13-1 and 13-2 of this Code.
"(d) An applicant may appeal the denial of permission by an official listed in subsection
(a) of this section to install any post, stake1 wharf, pier or piling or any obstruction in
Corpus Christi Bay to the City Council~,herefer.''
SECTION 2. If for any roason 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.
R22705A2
SECTION 3. A violation of this ordinance or requirements implemented hereunder shall
constitute an offense, punishable as provided in Section 1-6 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,
R22705A2
12
CITY COUNCIL
AGENDA MEMORANDUM
AGENDA ITEM:
May 28,2002
A. AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S DESIGNEE,
TO SUBMIT A GRANT APPLICATION TO THE TEXAS DEPARTMENT OF
PUBLIC SAFETY DIVISION OF EMERGENCY MANAGEMENT IN THE AMOUNT
OF $70,000 UNDER THE FY 2002 PRE-DISASTER MITIGATION PROGRAM TO
DEVELOP A PRE-DISASTER MITIGATION ACTION PLAN, WITH A CITY IN-KIND
MATCH OF $24,000, AND A TOTAL PROJECT COSTS OF $94,000
ISSUE: The City has received an invitation to submit an application for the Pre-Disaster
Mitigation (PDM) Program from the Texas Department of Public Safety Division of
Emergency Management. The PDM provides funding to the local governments for cost
effective hazard mitigation activities that complement a comprehensive mitigation program,
and reduce injuries, loss of life, and damage and destruction of property. The PDM funds
may be used to develop local multi-hazard mitigation action plans which meet the planning
criteria outlined in 44 CFR Part 201 pursuant to 322 of the Stafford Act. There is a 75/25
cost share requirement for PDM program funding. FEMA will contribute up to 75 percent of
the cost of PDM activities approved for funding. The 25 percent of the total eligible costs
will be in the form of in-kind or contributions to include volunteer services as part of the
non-federal share.
The Disaster Mitigation Act of 2000 provides new federal requirements for mitigation
planning and establishes a new requirement for local mitigation action plans to be
approved by FEMA by November 1,2003. The State of Texas is authorized to use up to
7% of Hazard Mitigation Grant Program (HMGP) funds for the development of local
mitigation action plans. The new FEMA requirements are now in effect and may impact
our community.
REQUIRED COUNCIL ACTION: Council action is required for the approval of the
submission of the application.
PREVIOUS COUNCIL ACTION: None
FUNDING: The 25% percent local match will be through In-kind services by staff
personnel from the Office of Emergency Management, Engineering Services, Water,
Wastewater, Storm Water, Gas and other City Departments attending meetings,
reviewing work and making recommendations..
CONCLUSION AND RECOMMENDATION: Staff recommends council approve the
resolution,
~ ( Poc~~
Pre-Disaster Mitigation Program Grants Page I of 7
Mitigation Grants
Division of Emergency
Management
Grant Guidance for FY 2002
Pre-Disaster Mitigation Program
CFDA 83.557
I. Grant Announcement:
The Pre Disaster Mitigation (PDM) Program in Texas provides
funding to the State and local governments for cost-effective
hazard mitigation activities that complement a comprehensive
mitigation program, and reduce injuries, loss of life, and damage
and destruction of property.
II. Eligible Activities:
PDM funds may be used to develop State, tribal, and local
government multi-hazard (may include natural, technological, and
human caused) mitigation action plans which meet the planning
criteria outlined in 44 CFR Part 201 pursuant to § 322 of the
Stafford Act~ State planning standards and criteria meet federal
requirements and are located in Checklist P and the Mitigation
Handbook (DEM-21 ).
III. Eligible Applicants:
State government and local governments (cities, counties, and
multi-jurisdictional agencies serving multiple counties and cities).
Flood prone applicants must be National Flood Insurance Program
(NFIP) participants (if they have been mapped through the NFIP)
http://www.txdps.state.tx.us/dem/mitigation%20 fyO2%20pdm%20announcement.htm
05/17/200g
Pre-Disaster Mitigation Program Grants Page 2 of 7
and must be in good standing (not on probation or suspension).
IV. Cost Share Requirements:
There is a 75/25 cost share requirement for PDM Program
funding. FEMA will contribute up to 75 percent of the cost of PDM
aCtivities approved for funding. At least 25 percent of the total
eligible costs must be provided by nonfederal sources. Grants
awarded to small and impoverished communities may receive a
Federal cost share of up to 90 percent of the total cost to
implement eligible PDM activities. Documentation should be
submitted with the application to support the eligibility for a higher
FEMA cost share. A Small and Impoverished Community must
meet all of the following criteria:
· It must be a community of 3,000 or fewer individuals that
is identified by the State as a rural community, and is not
a remote area within the corporate boundaries of a larger
city;
· It must be economically disadvantaged, with residents
having an average per capita annual income not
exceeding 80 percent of national per capita income,
based on best available data;
· It must have a local unemployment rate that exceeds by
one percentage point or more, the most recently reported,
average yearly national unemployment rate; and,
· It must meet any other factors identified in the State Plan
in which the community is located.
All contributions, cash and in-kind, to include volunteer services
and donated goods, are accepted as part of the non-federal
matching share. Except as allowed by Federal statute, no other
Federal funds can be used as a match. Requirements for in-kind
contributions can be found in 44 CFR 13.24. The following
documentation is required for matching contributions:
· Record of source of donor,
· Dates,
· Amounts, and
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Pre-Disaster Mitigation Program Grants Page 3 of 7
· Deposit Slips (cash contributions only).
V. Performance Period:
The initial performance period shall be a maximum of 18 months
for planning sub-grants and 24 months for project sub-grants. For
planning sub-grants, a draft plan must be submitted for review by
FEMA within 12 months, and final plans must be submitted to
FEMA within 18 months. For local mitigation projects a design and
contract must be completed within 12 months so that work can be
completed during the second 12 months.
VI. Extensions:
Requests for extensions to the performance period will be
considered by FEMA but must be supported by adequate
justification. This justification is a written explanation of the reason
or reasons for the delay; an outline of remaining funds available to
support the extended performance period; and a description of
performance measures necessary to complete the project. Under
special circumstances where delays were unavoidable and
documented during the performance period, exceptions may be
approved; however, without the appropriate justification, extension
requests will not be processed. Work must be in progress on the
approved scope of work during the original performance period in
order to qualify for an extension. A request for extension must be
submitted in writing to DEM no later than 90 days prior to end of
performance period, and approved by FEMA'
VII. Application Requirements:
Local governments must submit a complete application to DEM by
May 31, 2002 and the State must submit a consolidated
application to the Regional Director by June 30, 2002. The
application must include:
· SF-424 and Assurances for Non-Construction projects (FF
2016, FF 2016-B, FF 2016-C, and applicable SF LLL)
[instructions available].
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Pxe-Disaster Mitigation Program Grants Page 4 of 7
· Narrative of Scope of Work (Explain the proposed project
will be to develop a comprehensive mitigation action plan
that complies with the State of Texas mitigation planning
standards and criteria). Applicant must commit to
completion of the plan within prescribed performance
period and submission of the plan for approval and
implementation by appropriate authorities. Applicant must
include an explanation of costs to justify amount of funds
requested, identify local governments and population
covered by the plan, and identify and provide
documentation to validate status of any small
impoverished communities covered by this plan.
· Certification that jurisdiction/organization can meet the
25% or more cost share requirement.
· Designation of Local Mitigation Agent by chief elected
official/chief executive officer.
/111. Maximum Federal Funding Levels:
Maximum federal funding levels for each project application will be
recommended by the State Hazard Mitigation Team. The award
amounts will be dependent upon availability of federal funds and
the number of complete and timely applications received. The
Team's focus will be to maximize the number of jurisdictions and
people covered by mitigation action plans, and at the same time
maximize the award of federal funds for eligible projects.
IX. Priority for Grant Awards:
Awards will be recommended based on a scoring system that
includes an evaluation of population covered, area/needs of
jurisdictions covered, number of major disaster declarations
suffered, and the number of small impoverished communities
covered by the plan.
SF-424 is available in Microsoft Excel (XLS) and Portable Document
Format (PDF).
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Pre-Disaster Mitigation Program Grants Page 5 of 7
INSTRUCTIONS FOR COMPLETING THE STANDARD FORM 424
This is a standard form required by applicants for certain types of
federal financial assistance. Paragraph numbers below refer to block
numbers on the SF 424.
Use the "Application" portion, check "Construction" or "Non-
Construction" as appropriate. Examples of non-construction
projects would be the development of a mitigation action plan, or
public information activity.
2. The date you are submitting this application to DEM. The
"Applicant Number" will be assigned by DEM.
3. The date and "State Application Identifier" will be assigned by
DEM.
Assigned by FEMA.
The legal name of the applicant (e.g., Travis County or The City of
Austin), the name of the primary organizational unit which will
undertake the assistance activity (e.g., county, municipality), the
complete mailing address of the applicant, and the name and
telephone number of the person to contact on matters related to
this application. Also goes in the second box on the FEMA Form
20-16.
The employer ID number as assigned by the Internal Revenue
Service.
Enter the appropriate letter from the list in the space provided.
Check the appropriate space and enter the appropriate letter(s) in
the space(s) provided.
-- "New" means a new assistance award. This will normally be the
type used.
-- "Continuation" means an extension for an additional
funding/budget period for a project with a projected completion
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Ere-Disaster Mitigation Program Grants Page 6 of 7
date.
-- "Revision" means any change in the Federal Government's
financial obligation or contingent liability from an existing
obligation.
Enter "FEMA".
Enter the number of the federal program for which you are
applying as follows:
o HPP-M = 83.552
o HMGP = 83.548
o PDM = 83.557
o PA = 83.544
o HES = 83.535
11.
12.
13.
14.
15.
16.
17.
Enter a brief descriptive title of the project (e.g., "Purchase of
substantially damaged structures in the floodway").
List only the largest political entities affected (e.g., counties, cities).
Self-explanatory.
Enter the applicant's Congressional District and any other Districts
affected by the project.
The total estimated cost of the project (block 15g.) and the
amounts requested or to be contributed by the Federal
Government (block 15a.) and the applicant (block 15b.). The
applicant's share should be at least 25% of the total amount. The
value of in-kind contributions (e.g., labor, materials, and other local
assets to be used in place of actual funds) should be included.
Circle "No" and check "Program is not covered by E.O. 12372"
space.
This question applies to the applicant organization, not the person
who signs as the authorized representative. Categories of debt
include delinquent audit allowances, loans, and taxes.
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Ere-Disaster Mitigation Program Grants Page 7 of 7
18. To be signed by the authorized representative of the applicant. A
copy of the governing body's authorization for you to sign this
application as official representative must be on file in the
applicant's office.
The completed document consists of a signed SF 424 and
appropriate attached Applicant Assurances. All must be
submitted to DEM as part of your application for federal funds as
follows:
1. SF 424 - all projects
2. FF 20-16A - Non-construction projects
3. FF 20-16B - Construction projects
4. FF 20-16C- All projects
5. SF LLL - Disclosure of Lobbying Activities (if applicable)
Updated May 6, 2002
Return to DEM
http://www.txdps.state.tx.us/dendmitigation%20 fyO2%20pdm%20announcement.htm 05/17/2002
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S
DESIGNEE, TO SUBMIT A GRANT APPLICATION TO THE TEXAS
DEPARTMENT OF PUBLIC SAFETY DIVISION OF EMERGENCY
MANAGEMENT IN THE AMOUNT OF $70,000 UNDER THE FY 2002
PRE-DISASTER MITIGATION PROGRAM TO DEVELOP A PRE-
DISASTER MITIGATION ACTION PLAN, WITH A CITY IN-KIND MATCH
OF $24,000, AND A TOTAL PROJECT COSTS OF $94,000
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 submit
a grant application to the Texas Department of Public Safety Division of Emergency
Management in the amount of $70,000 under the FY 2002 Pre-Disaster Mitigation
Program to develop a Pro-Disaster Mitigation Action Plan. The City will provide a
$24,000 in-kind match for this grant, for a total project costs of $94,000.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: 23rd day of May, 2002.
James R. Bray Jr.
City Attorney
By: ,~
First Assistant City Attorney
Samuel L. Neal, Jr.
Mayor
R22910A1
13
CITY COUNCIL
AGENDA MEMORANDUM
City Council Meeting - May 28, 2002
AGENDA ITEM:
Item A: Motion authorizing the City Manager, or his designee, to accept a renewal
grant in the amount of $1,227 and execute a contract with the Corporation for National
and Community Service for the continuation of the Senior Companion Program.
Item B: Ordinance appropriating $1,227 grant from the corporation for national service
in the no. 1050 state and federal grants fund for the continuation of the senior
companion program; and declaring an emergency.
ISSUE: The Senior Companion Program received supplemental funding for a $0.10
per hour stipend increase effective April 1,2002.
PRIOR COUNCIL ACTION: The Council has granted authorization to execute a
contract with the Corporation for National and Community Service for the Senior
Companion Program for FY01-02.
REQUIRED COUNCIL ACTION: Council action is required to authorize the
Appropriation of the additional funds.
RECOMMENDATION: Staff recommends Council approve authorization to appropriate
$1,227 in federal funds in the Federal Grant Fund No. 1050.
ADDITIONAL SUPPORT MATERIAL
Marco A, Cisneros,
Director, Park and Recreation
Background Information
Ordinance/Resolution
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
BACKGROUND:
The Senior Companion Program (SCP) assists Iow-income volunteers 60 years and
over who are willing to serve as companions to homebound and elderly persons in the
community. The Companions assist homebound individuals with daily living tasks, such
as meal preparation, respite care, grocery shopping and light housekeeping. Their
assistance allows homebound clients to remain in their homes, delaying
institutionalization. Companions receive a stipend of $2.65 an hour, a $1.50 meal
reimbursement and either mileage reimbursement or bus tokens. This benefit assists
the Companion financially and allows them to become more involved in the community.
04/18/2002 10:27 AM
Corporation for National Service - FOR OFFICIAL USE ONLY
Notice of Grant Award - Federal Funding Certification
Page I
of 1
Grant Number Amendment Number
GH 01SCWTX002 02
Grantee ID Amendment Date
1746000574 A4 Apr 17, 2002
Grantee Address
CITY OF CORPUS CHRISTI
1201 LEOPARD
CORPUS CHRISTI, TX 75401
Issued By
Southwest Service Center
Bettye Hammond
1999 Bryan, Suite 2050
DALLAS, TX 75201
Program Manager
Texas State Program Office
Jerry Thompson
300 East 8th Street
Suite G-100
AUSTIN, TX 78701-3220
Accounting Information
Line CFDA Program Name Begin Date End Date
Funding Citation Increment Amount Total Amount
1 94.010 Senior Companions Program Jul 01 2001 Jun 30 2004
2001-***-DVSA~61413-P77-4101 $0.00 $200,803.00
2 94.016 Senior Companions Program Jul 01 2001 Jun 30 2004
2002-***-DVSA-61413-P77-4101 $1,227.00 $2,727.00
Total Funding: $1,227.00 $203,530.00
Grants Management Official
Signature
Bate
Notice Of Grant Award Amendment
Grant Number 01SCWTX002
Amend Number 02
Type of Grant
5-Augmentation
Terms and Conditions
This award includes $1,227 to support the planned $.10 per hour stipend increase
effective on 4/1/02. These funds may not be used for any other purpose.
The 10% nonfederal requirement for this budget period only is waived due to the
government mandated stipend increase. The grantee must achieve an expenditure
level of a minimum of 10% of costs other than the stipend.
Thursday, April 18, 2002 Page 1 of 1
Supplemental Budget Document
Initial Grant
Document Number 01SCWTXO02
Type of Grant 3-Continuation
Grantee Type C-Municipal
Fed NoaCorp Funds $0,00
Applicant Non-Corp Funds $50,502.00
State Non-Corp Fonds $4,375.00
Local Non-Corp Funds $0.00
Other Non-Corp Funds $31,059.00
CNS Volunteer Support Expenses $35,725.00
Non-Fed Volunteer Support Expenses $50,202.00
Excess Volunteer Support Expenses $15,851.00
CNS Volunteer Expenses $165,078.00
Non-Fed Volunteer Expenses $4,375.00
Excess Volunteer Expenses $15,208.00
CNS Stipends $122,461.00
Non-Fed Stipends $2,662.00
Excess Stipends $0.00
Fed Stipend VSY 46
Non-Fed Stipend VSY 1
Fed Non-Stipend Vols 0
Non-Fed Non-Sflpend_Vols 0
Project Director's Salary $25,092.00
Project Directors Percent Time 100
Sum Amendments
$0.00
$0.00
$0.00
$0.00
$0.00
$1,500.00
$0.00
$0.00
$1,227.00
$0.00
$0.00
$I ,227.00
$0.00
$0.00
0
0
0
0
$0.00
0
Totals
$0.00
$50,502,00
$4,375.00
$0.00
$31,059.00
$37,225.00
$50,202.00
$15,851.00
$166,305.00
$4,375.00
$15,208.00
$123,688.00
$2,662.00
$0.00
46
1
0
0
$25,092.00
100
Thursday, April 18, 2002
· i~Y-31-2(~1 14:32 ~=HIOR C~ITY SERUICES
PART ~II - BUDGET
A. PROJECT PERSONNEL % Time Total
Budget Dates: 07/01/01 - 06/~0/02
Corporation Non-F~teral
EXPENSES
Position Title
Dh~ctor
Account Clerk Il
Account Clerk I
Annualized
Salary
25,092
18,056
15,720
~penton
pr~ect
' 100
100
100
Project
Cost
25.092
18,056
15,720
Requested
2,585
5,820
15,720
22,507
12,236
0
B. PERSONNEL FRINGE BENEFITS :
C. PROSECT STAFF TRAVEL
Lodal Travel
t.on§ Distance '/'ravel
D. EQUIPMENT
E. SUPPLIES
CONTRACTUAL SERVICES
G. OTHER VOLUN'I EER SUPPORT COSTS
H. INDIRECT COSTS
$58,868
22,757
720
2,337
302
1,339
1,350
1,118
13,287
$102,078
/ $24,125
6,887!
720
1,556
739
755
$34,743
Resources
$0
15,759 111
0
943 0
781
302
600
595
175
13,287
0 0
$35,725 v/ $50,502 $15,851
A. VOLUNTEER
SERVICE-RELATED
COSTS AND
REIMBURSEMENT
EXPENSES
NSSC Form 424A
~:c, ~ : Stipends
~cl Meals
Uniforms
Re,~ognition
Volunt~r 'rmvel
Physical ~inatio~
O~er Allowable ~x~nses
~ 122,461 2,662
12,090 12,090 0
300 300 0
2,100 2, t00 0
39,000 28,127 1,713
6,048 0
0~
$165,078
$200,803
70%
$4,375
/ $54,87%
19%
0
9,160
6.048
$15,208
Modified SF-424A (Rev 3/01)
PAGE 13
ORDINANCE
APPROPRIATING $1,227 GRANT FROM THE CORPORATION FOR
NATIONAL SERVICE IN THE NO. 1050 STATE AND FEDERAL GRANTS
FUND FOR THE CONTINUATION OF THE SENIOR COMPANION
PROGRAM; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That a grant from the Corporation for National Service in the amount of
$1,227 for the continuation of the Senior Companion Program is appropriated in the No. 1050 State
and Federal Grants Fund.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) fmds and declares an emergency due to the need for immediate
action necessary for the efficient and effective administration of City affairs and (2) suspends the
Charter rule that requires consideration of and voting upon ordinances at two regular meetings
so that this ordinance is passed and takes effect upon first reading as an emergency measure this
the __ day of ,2002.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Legal form approved
James R. Bray Jr.
City Attorney.
2002
Samuel L. Neal, Jr.
Mayor
By:
Lisa Aguilar L/
Assistant City Attorney
14
CITY COUNCIL
AGENDA MEMORANDUM
City Council Meeting May 28, 2002
AGENDA ITEM:
A. Ordinance authorizing the City Manager, or his designee, to execute
Amendment No. 1 to the Joint Use Parking Agreement between All Saints' Episcopal
Church and the City of Corpus Christi, authorized by ordinance No. 021588 on
March 9, 1983, to revise the parking premises; providing for severance; and
providing for publication.
B. Ordinance authorizing the City Manager, or his designee, to execute
Amendment No. 1 to the lease for Jaycee Field between the Corpus Christi
Independent School District and the City of Corpus Christi, authorized by ordinance
No. 022811 on January 7, 1997, to revise duties related to maintenance of the
parking lot; providing for severance; and providing for publication.
ISSUE: All Saints Episcopal Church is requesting approval for construction of a parking lot
on City property already leased to Corpus Christi Independent School District (CCISD.) The
CCISD has approved the construction as a joint use parking lot. The City must amend the
leases to incorporate the parking lot and to provide for long-term maintenance.
REQUIRED COUNCIL ACTION: The City Council must approve all multi-year leases.
RECOMMENDATION: Staff recommends that the lease amendments be approved.
Marco A. Cisneros,
Director of Park and Recreation
ADDITIONAL SUPPORT MATERIAL
Background Information X
Ordinance X
AGENDA MEMORANDUM
BACKGROUND INFORMATION
BACKGROUND:
Members of the All Saints' Episcopal Church contacted the City. The church requested
permission to be allowed to pave a portion of the unpaved parking lot which serves an area of
the park leased to the Corpus Christi Independent School District (CClSD). The benefit to the
church is that it would allow the possibility of additional improved parking neededfor their
Sunday services.
The parking lot would be available for use by the general public at all times CCISD was not
using the fields for school purposes.
AN ORDINANCE
AUTHORIZING THE CITYMANAGER, OR HIS DESIGNEE, TO EXE-
CUTEAMENDMENTNO. ITOTHEJOINTUSEPARKING AGREE-
MENT BE'FWEEN ALL SAINTS'EPISCOPAL CHURCH AND THE
ClTY OFCORPUSCHRISTI, AUTHORIZED BYORDINANCENO.
021588ON MARCH9,1993, TO REVlSETHEPARKING PREMISES;
PROVIDING FOR SEVERANCE;AND PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION '1. The City Manager, or his designee, is authorized to execute Amendment
No. 1 to the joint use parking agreement between All Saints' Episcopal Church and the
City of Corpus Christi, authorized by Ordinance No. 021588 on Mamh 9, 1993, to re-
vise the parking premises. A copy of Amendment No. 1 is attached to this ordinance as
Exhibit A.
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 judg-
ment 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 in-
tent of the City Council that every section, paragraph, subdivision, phrase, word and
provision hereof shall be given full force and effect for its purpose.
SECTION 3. Publication of this ordinance 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,
Texas.
EXHIBIT "A"
Amendment No. 1
to the Joint Use Parking Agreement between
All Saints' Episcopal Church
and the
City of Corpus Christi
Section ~1. The Agreement is amended to revise the third paragraph of the preamble to read
as follows:
"WHEREAS, pursuant to the requirements of Article 22-3, Joint Use and Off-
site Facilities, of the Corpus Christi Zoning Ordinance, the parties hereto have agreed
and provided for the joint use as a parking facility, a portion of the grounds of the
Public parking area in Lindale Park and at Jaycee Field abutting
South Staples Street, adjacent to and South of the utility ease-
merit lying South of and adjacent to the All Saints' Episcopal
Church property located at the corner of McClendon and South
Staples Street, in the City of Corpus Christi, Nueces County, Texas."
Section 2. All terms and conditions of the Agreement not changed herein remain the same.
EXECUTED IN DUPLICATE, each of which shall be considered an original, on
this the day of ,2002.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
APPROVED AS TO LEGAL FORM on the
JAMES R. BRAY, JR., CITY ATTORNEY
By:
Elizabeth R. Hundley, Assistant City Attorney
David R. Garcia, City Manager, or
his designee
day of ,2002.
ALL SAINTS' EPISCOPAL CHURCH
By:
Printed Name:
Title:
H:~L E G-D IR~elizabet h\E LIZAB ET~PAR K & RE C'~AII Saints' Church Amendment 1 .wpd
AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE
AMENDMENT NO. I TO THE LEASE FOR JAYCEE FIELD BE'FVVEEN
THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT AND THE
CITY OF CORPUS CHRISTI, AUTHORIZED BY ORDINANCE NO. 0228'11
ON JANUARY 7, '1997, TO REVISE DUTIES RELATED TO MAINTEN-
ANCE OF THE PARKING LOT; PROVIDING FOR SEVERANCE; AND
PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. The City Manager, or his designee, is authorized to execute Amendment
No. I to the lease for Jaycee Field, at 3101 Swantner, between the Corpus Christi Inde-
pendent School District and the City of Corpus Christi, authorized by Ordinance No.
022811, on January 7, 1997, to revise the District's duties related to maintenance of the
parking lot. A copy of Amendment No. 1 is attached to this ordinance as Exhibit A.
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 judg-
ment 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 in-
tent of the City Council that every section, paragraph, subdivision, phrase, word and
provision hereof shall be given full force and effect for its purpose.
SECTION 3. Publication of this ordinance 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,
Texas.
EXHIBIT "A"
Amendment No. 1
to the Jaycee Field Lease between
Corpus Christi Independent School District
and the
City of Corpus Christi
Section t. The Lease is amended to revise section 3.A. to read as follows:
"A. Maintenance. District will maintain the Facilities and assigned
grounds, [~,c~ud~;;,,5 excluding the parking lot, etc., as shown on the attached
and incorporated Exhibit A. The parking lot will be maintained by All Saints'
Episcopal Church by separate a.qreement."
Section 2. All terms and conditions of the Lease not changed herein remain the same.
EXECUTED IN DUPLICATE, each of which shall be considered an original, on
this the day of ,2002.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
David R. Garcia, City Manager, or
his designee
APPROVED AS TO LEGAL FORM on the
JAMES R. BRAY, JR., CITY ATTORNEY
day of ,2002.
By:
Elizabeth R. Hundley, Assistant City Attorney
CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT
By:
Printed Name:
Title:
Date:
15
ORDINANCE STATUS
AGENDA ITEM:
Authorizing the City Manager, or his designee, to execute a five-year lease
agreement with Corpus Christi United Little Miss Kickball, a non-profit organization,
and an affiliated member of Little Miss Kickball International, Inc., a non-profit
corporation, for the use of a portion of Bill Witt Park for its kickball program and in
consideration of Corpus Christi United Little Miss Kickball maintaining the premises
and improvements.
FIRST READING:
April 30, 2002
Passed: 9-0 (Unanimous Vote)
FINAL READING:
May 28, 2002
COMMENTS:
(None)
CITY COUNCIL
AGENDA MEMORANDUM
City Council Meeting April 30, 2002
AGENDA ITEM: Ordinance authorizing the City Manager, or his designee, to
execute a five-year lease with Corpus Christi United Little Miss Kickball, a non-profit
organization and an affiliated member of Little Miss Kickball International, Inc., a
non-profit corporation, for the use of a portion of Bill Witt Park for its kickball
program and in consideration of Corpus Christi United Little Miss Kickball
maintaining the premises and improvements; providing for severance; and providing
for publication.
ISSUE: The previous Use Permit for the premises expired on August 31, 2001 and Corpus
Christi United Little Miss Kickball has asked for a five-year lease on the premises. The group
is in good standing with the Park and Recreation Department and has developed two fields at
the site.
REQUIRED COUNCIL ACTION: The City Council must approve all multi-year leases.
BOARD/COMMITTEE REVIEW: The Park and Recreation Advisory Board approved the
previous Use Permit of the area and was informed of the intent to extend the term for the
current and additional premises.
RECOMMENDATION: Staff recommends that a five-year lease with the Corpus Christi United
Little Miss Kickball be approved.
Marco A. Cisneros,
Director of Park and Recreation
ADDITIONAL SUPPORT MATERIAL
Background Information X
Lease Summary X
Ordinance X
Map X
AGENDA MEMORANDUM
BACKGROUND INFORMATION
BACKGROUND: The Corpus Christi United Little Miss Kickball has operated a youth kickball
program for girls at the Bill Witt Park for a year. The group developed two ball fields at the
park from undeveloped land. The previous Use Permit expired on August 31, 2001. The group
would like a five-year lease on the site at Bill Will Park. The group has had more than 200
youth participating in the kickball program in the fall and spring seasons.
AGENDA MEMORANDUM
LEASE SUMMARY
1. Corpus Christi United Little Miss Kickball has been using the fields at Bill Witt Park for
youth kickball programs. The league has been operating under one-year use permits since
2000.
2. The lease will be for a five-year term.
3. Lessee agrees to operate a youth kickball program and maintain the premises.
4. Lessee agrees to secure and maintain, at lessee's expense during the term of the
Agreement, a commercial general liability insurance policy.
5. Lessee agrees to pay for all utilities used by it or for any activity sponsored by the lessee.
6. Either City or lessee may terminate the lease without cause by giving 30 days written notice
to the non-terminating party.
\\crrYHALL02~USERS~PR-DIR\CHRISlSUPERSSILEASESIcculmkickball doc
AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXE-
CUTE A FIVE-YEAR LEASE WITH CORPUS CHRISTI UNITED LITTLE
MISS KICKBALL, A NON-PROFIT ORGANIZATION AND AN AFFILI-
ATED MEMBER OF LITTLE MISS KICKBALL INTERNATIONAL, INC.,
A NON-PROFIT CORPORATION, FOR THE USE OF A PORTION OF
BILL WlTT PARK FOR ITS KICKBALL PROGRAM AND IN CONSID-
ERATION OF CORPUS CHRISTI UNITED LITTLE MISS KICKBALL
MAINTAINING THE PREMISES AND IMPROVEMENTS; PROVIDING
FOR SEVERANCE; AND PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. The City Manager, or his designee, is authorized to execute a five-year
lease with Corpus Christi United Little Miss Kickball, a non-profit organization and an
affiliated member of Little Miss Kickball International, Inc., a non-profit corporation, for
the use of a portion of Bill Witt Park for its kickball program and in consideration of Cor-
pus Christi United Little Miss Kickball maintaining the premises and improvements. A
copy of the lease, including exhibits that are attached to and incorporated into the
lease, is on file with the City Secretary.
SECTION 2. If, for any roason, any section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance shall be held invalid or unconstitutional by final
judg-
ment 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 in-
tent of the City Council that every section, paragraph, subdivision, phrase, word and
provision hereof shall be given full force and effect for its purpose.
SECTION 3. Publication will be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
EXHIBIT A
P~O~K~ , 200= ~ ~ . ~,?,
~X~ ~7~ A~ES OF L~ ~T ~ T~T ~RTAIN CORPUS CHRISTI UNITED
~2 A~ TRACT. C~EY~ TO T~ CITY ~ C~S LITTLE MISS KICKBALL
~ISTI. ~S, ~Y K~WN A5 BI~ WITT
~A~ ~ ~S~I~ IN ~ ~C~ IN V~ LEASE OUT OF
i7~, PA~ 95 ~ T~ ~ RE~S ~ ~S BILL WITT PARK
~Y. ~XAS. A~ ~I~ ~T ~ ~CTI~ 2~ ~ T~ ~y
~ ~F ~ ~IN~ FARH & GAiN ~ACTS,
~ IN VOL~ ~ PA~S 4[-43 E T~ ~P DaLe: a-mx~2 Page
~S ~ ~S C~Y. TEXAS.
CORPUS CHRISTI UNITED LITTLE MISS KICKBALLL LEASE
EXHIBIT B
STATE OF TEXAS
COUNTY OF NUECES
BEING A 18.979 ACRE TRACT OF LAND, OUT OF THAT CERTAIN 136.22 ACRE
TRACT, CONVEYED TO THE CiTY OF CORPUS CHRISTI, TEXAS, COMMONLY
KNOWN AS BILL WITT PARK AND DESCRIBED IN DEED RECORDED IN VOLUME
1709, PAGE 95, OF THE DEED RECORDS OF NUECES COUNTY, TEXAS, BEING
OUT OF AND SITUATED IN SECTION 21, OF THE FLOUR BLUFF & ENCINAL FARM
& GARDEN TRACTS, A MAP OF WHICH IS RECORDED IN VOLUME A, PAGES 41
THRU 43, OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, AND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS;
COMMENCING at a 5/8" Iron Rod, Found, on the southwesterly boundary line of Bill Witt
Park, being an angle point therein;
THENCE, North 43° 13' 48" East, a distance of 66.14 feet, to the Point of Beginning of
this tract, being an intedor comer of this tract;
THENCE, North 40° 00' 30" West, a distance of 335.72 feet, to a Point, being the
northwest comer of this tract;
THENCE, North 87° 40' 07" East, a distance of 952.70 feet to a Point on the Eastedy
Boundary Line of said Bill VV'~t Park, being the northeast comer of this tract;
THENCE, South 2° 20' 00" East with the said Easterly Boundary Line of said Bill Witt
Park, a distance of 1,035.49 feet, to a Point, being the Southeast corner of this tract;
THENCE, South 70° 56' 40" West, a distance of 132.82 feet, to a Point, being an interior
corner of this tract;
THENCE, South 87° 33' 56" West, a distance of 617.72 feet, to a Point, being the
Southwest corner of this tract;
THENCE, North 2° 31' 01" West, a distance of 809.11 feet to the POINT AND PLACE OF
BEGINNING and containing 18.979 acres of land.
State of Texas
County of Nueces
I, Russell Ochs, a Registered Professional Land Surveyor, hereby certify that the
foregoing field notes were prepared by me from a land survey made on the ground under
my direction.
This the 4TM day of February, 2002.
Russell D. Ochs
State of Texas License No. 5,241
16
ORDINANCE STATUS
AGENDA ITEM:
1. Amending Section 12-45.1, Code of Ordinances, relating to occupancy of vessels
in the marina.
FIRST READING:
May 21, 2002
Passed: 9-0 (Unanimous Vote)
FINAL READING:
May 28, 2002
COMMENTS:
(None)
CiTY COUNCIL
AGENDA MEMORANDUM
City Council Meeting - May 21, 2002
AGENDA ITEM:
An ordinance amending Section 12-45.1, Code of Ordinances, relating to occupancy of vessels
in the Marina; providing for severance; and providing for publication.
ISSUE:
The current ordinance limits the number of consecutive days owners, crew or guests of a
transient vessel may stay aboard while docked within the Corpus Christi Madna to 5 days.
Transient vessels, however, provide a unique opportunity to the City in that they are temporary
users of the facilities. They are charged twice the rate for slip rental as Marina tenants, and
they are limited to only two extended stays per year. Additionally, although the crews of such
vessels usually stay aboard the vessels during their stays in Corpus Christi, the owners and
guests typically will stay in local hotels. They frequent local restaurants and shops and make
use of the City's many amenities. Extending the length of time transient vessels are able to
remain docked in the Corpus Christi Madna will benefit the City, its citizens and the visitors
themselves. It also provides increased customer service by meeting a very specific need of
these visitors. The proposed maximum length of stay would be changed to 60 days for
transient boaters.
Additionally, Marina tenants are currently limited to staying onboard their boats for no more
than 5 consecutive days for a total of 15 days per month. They must remove themselves from
their boats for a minimum of 24 hours before they can make use of their second or third 5-day
permit. Some of the Marina tenants live outside of Corpus Christi, even as far away as
England. Having to vacate their boats for a 24-hour period places an undue hardship on them,
especially if they are required to do so twice during their monthly stay. Extending the number
of consecutive days a Marina tenant can stay aboard his or her vessel from the current 5 days
to 15 days per month will remove this obstacle. It will enhance business relations between the
Marina and its tenants, and increase customer service, thus making the rental of slips at the
Marina a more attractive option for boaters interested in long term docking facilities.
The current ordinance also requires that "Temporary Stay Aboard Permits" be displayed in
such a manner that they can be "readily observed by the marina patrol craft." The submitted
ordinance requires that persons with such a permit must present that permit upon request by
city staff. There is no need for the permit to be posted. Additionally, definitions for various
terms have been included in the new ordinance.
BOARD/COMMISSION REVIEW:
The Water/Shore Advisory Committee, at their March 7, 2002 meeting, voted to ask that the
City Council consider making changes to Section 12-45, Code of Ordinances, in order to make
the Corpus Christi Marina a more boater friendly marina. However, staff does not recommend
all of the changes that the Committee proposed. The Committee generally is asking to change
the ordinance title and other minor changes from "Prohibition Against Living Aboard Water
Craft," to "Living Aboard Water Craft." The Committee's complete version is shown as Exhibit
"A". The proposed ordinance reflects the staff recommendations.
RECOMMENDATION: Staff recommends approval of the staff version of the ordinance as
presented.
ADDITIONAL SUPPORT MATERIAL
Background Information
Ordinance
Exhibit "A"
Marco A. Cisneros, Director
Park and Recreation Department
X
X
X
AGENDA MEMORANDUM
BACKGROUNDINFORMATION
Prior to 1972, the City of Corpus Christi permitted persons to live aboard vessels moored in
the Corpus Christi Marina. There were a number of problems associated with these "live
aboard" vessels that resulted in the City Council passing an ordinance in 1972 which
prohibited people from permanently living on their vessels while docked in the Marina. The
ordinance also severely limited the number of days a person could stay aboard their vessel.
This ordinance applied to both marina tenants and those who were visiting Corpus Christi.
People on visiting crafts, called "transient vessels," were allowed to stay aboard no more
than 5 consecutive days, the permit for which could be renewed one time. Regular slip
tenants were limited to only 5 consecutive days during the month.
The ordinance was modified to permit resident tenants the opportunity to stay aboard their
vessels for three 5-day periods and transient vessel personnel could stay for thirty
consecutive days, but only twice during a year. However, the occupants of the transient
vessels were required to vacate their vessels for ten days before they could come back
aboard for their second set of thirty days. Marina tenants were required to vacate their craft
for a period of 24 hours between 5-day stays aboard the vessel.
The restrictions of the ordinance, as it now stands, have caused difficulties for the Marina.
^pproximately 600 to 700 transient vessels make use of Marina facilities in a given year.
The 30-10-30 restrictions of the ordinance have caused visitors to seek docking facilities
elsewhere where they might be able to stay, unhindered by the need to vacate their craft,
for longer periods of time. The amendment of the existing ordinance to allow visitors to rent
slips at the Marina for two 60-day periods will increase the attractiveness of the Marina to
visiting vessels and will help to increase the number and duration of transient vessels
renting slips.
The requirement of limiting Marina tenants to 5 consecutive days, with a 24-hour break
between periods of staying aboard their own craft, has also been a difficulty for the tenants
that live outside of Corpus Christi and has adversely effected the business relationship
between the City Marina and its tenants. This cumbersome method, of requiring marina
tenants to vacate their vessel for 24-hour periods, has proved to be a hindrance to fully
leasing the City's facilities. By eliminating the 24-hour "stay away" policy and increasing the
consecutive days stay to 15 days, boat owners will be more attracted to storing their vessels
at the Marina's facilities.
AN ORDINANCE
AMENDING SECTION 12-45.1, CODE OF ORDINANCES, RELATING TO
OCCUPANCY OF VESSELS IN THE MARINA; PROVIDING FOR SEVER-
ANCE; AND PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS, THAT:
SECTION 1. Section 12-45.1, Code of Ordinances, is revised to read as follows:
"Sec. 12-45.1. Prohibition against living aboard water craft.
"(a)
No water craft whatsoever which is being used by the persons
aboard as a dwelling unit shall be permitted to moor, tie up or
anchor within the Corpus Christi Marina, its basins, fairways,
and anchorage areas, as such areas are defined and described
in the United States Corps of Engineers geodetic chart and map
of said ^ ..... '~ '----:- "-""-"= ................. ' ..... "
"(b) As used in this section:
(1) "Dwelling" means any water craft which is beinq used as a
permanent abode or residence in which a person or persons
have the intention of remaining. Consideration will be given to
whether the person or persons residing thereon maintain another
dwelling place, but whether or not another dwelling place is
maintained shall not be determinative of whether the water
craft is being used as a dwelling unit.
(2) "Transient craft" means a vessel that does not occupy a boat
slip in the city marina by virtue of any contractual aqreement with
the city or other authorized entity.
(3) "Transient slip" means any marina boat slip occupied by a
transient craft.
Use of a water craft other than a transient craft for more than fifteen
days during any calendar month as a dwelling is prohibited.
"(~) (d) Transient craft shall be permitted to tie up, moor or anchor in
an area in the Corpus Christi Marina assigned by the marina super-
visory staff Th~ t~r,,m ....... : ...... ,,,, ,._.A:_ ~,._,, ...... ~:, ....
"e~ The transient craft's owners, crews or quests may stay aboard the
craft for a period of up to sixty (60) consecutive days, provided:
(1) a transient craft permit is obtained from the office of the
marina superintendent desiqnating the craft as a temporary
dwelling for a period not to exceed sixty (60) consecutive days
from date of issue;
(2) the transient craft permit is presented to city staff upon re-
quest; and
(3) further provided the transient craft's owners, crews, and
guests comply with all other rules and regulations of the marina
during the transient craft permitted period.
A transient craft permit may be renewed one time during any twelve
month period by the marina superintendent or his designated repre-
sentative upon a clear showing by the transient craft's owners, crews,
or quests that all rules and requlations of the marina have been com-
plied with durinq the previous transient craft permitted period.
"~g) The violation of any applicable provision of this Code by the transient
craft's owners, crews, or guests during a permitted period may subject
the transient craft permit to immediate revocation by the marina super-
intendent.
"(~ (h) _A Rregular slip tenants s~ may stay aboard ~
his/her craft while such the craft is tied up, moored or anchored within
the marina at the approved assigned slips ~ provided:
(1) a temporary stay aboard permit is obtained from the office
of the marina eu~ superintendent designating said the
craft as a temporary dwelling for designated days not to exceed
five (-~ a total of fifteen (15) eoneee'cF~'e days during the calendar
month ,.__,,,,,,, ,,.A,,,~ ,,o,~-'-'A ,,,-'~,oo,~, ..... specified in the permit; during any
calendar month the total stay aboard days shall not exceed a
total of fifteen (15) days;
2.~ s-aid the temporary stay aboard permit ~
effi~ is presented to city staff upon request; and
~ further provided the regular slip tenant complies with all other
rules and regulations of the marina are-obeyed during the tem-
porary stay aboard permitted period.
"(d) (i) No raw sewage, garbage, junk, waste, oil or any other substance
whatsoever which might pollute or damage the aesthetics or the
water quality shall be deposited or permitted to be deposited in the
waters of the Corpus Christi Marina, its basins, fairways and
anchorage areas."
"(e) ~ No person or persons shall be permitted to use the land areas of
of the Corpus Christi Municipal Marina, the L-head and T-heads, or
any other land area of the Corpus Christi Marina as a dwelling place
for any length of time, whether the person or persons be in a ve-
hicle, tent, any improvised shelter or without shelter. As defined
herein, an overnight stay shall constitute using the land area as a
dwelling place."
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 judg-
ment 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 in-
tent of the City Council that every section, paragraph, subdivision, phrase, word and
provision hereof shall be given full force and effect for its purpose.
SECTION 3. Publication will be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
EXHIBIT "A"
Sec. 12-45.1 Living Aboard Water Craft
,.,~-'-* ....... . ....... !c ..... u used by the persons aboard as a
(a) Nc w Water craft ............ '"~"~
dwelling unit shall not be permitted to moor, tie up or anchor within the
Corpus Christi Marina, its basins, fairways 3,",d o_.[r anchorage areas, as such
areas are defined and described in the United States Corps of Engineers
geodetic chart and map of said area except for transient craft as defined
herein. As used herein, "dwelling" means any water craft '.';h!ch that is being
used as a permanent abode or residence in which a person or persons have
the intention of remaining. Consideration shall be given to whether the
person or persons residing thereon maintain another dwelling place, but
whether or not another dwelling place is maintained shall not be determinative
of whether the water craft is being used as a dwelling unit. Use of a water
craft other than as a transient water craft for more than a
fifteen-day (15) period as a residence or dwelling shall be prima facie
evidence that such water craft is a dwelling unit as prohibited herein. Those
wishing to remain onboard overniqht on any water craft moored in the Corpus
Christi Marina shall be required to first obtain a "Temporary Authorization to
Stay Aboard Permit" from the marina supervisor or his/her designee. Said
Permit must be presented upon any request by city staff or other law
enforcement personnel.
(b) Transient craft shall be permitted to tie up, moor or anchor in an area in the
Corpus Christi Marina assigned by the marina supervisory ctcff or his/her
desiRnee. The term "transient craft" herein shall, ......, ,...~,, . ,..,...,;~;*"-~.. tc *~'"., ,.. ";*"..,.j ..j~"'
bcct cr by ';chlclc with c bcct in tc';; any vessel for which there is not an
existinq slip lease authorizin,q mooring within the city marina. Thc tTransient
craft owners, crews or guests staying aboard such craft shall be permitted to
remain for a period of ~e-(~5) sixty (60) consecutive days, provided a permit is
obtained from the office of the marina supervisor designating said craft as a
temporary dwelling for a period not to exceed ~ sixty (60) consecutive
days from date of issue, said permit to bc '~""~ .... '~ ~ ..... ~' ...... *~'"* it
...... ,~a,, ~.~...~. ..... '~ by *~' .... ~ .... *-'-~ "-'~* must be presented upon
request by any city staff or other law enforcement personnel; and provided all
other rules and regulations of the marina are obeyed. Said fi';c .~... s~xty-day
(60) permit,,,_j .... ~'"wv, ........ wdl be allowed one time per six (6) month period
by the marina supervisor or his/her designated representative upon a clear
showing by the "transient craft" that all rules and regulations of the marina
have been complied with.
(c) Leased Slip (Tenant)
Regular slip tenants shall be permitted to stay aboard their craft while such
craft is tied up, moored or anchored within the marina at the approved
assigned slips and provided a permit is obtained from the office of the marina
supervisor designating said craft as a temporary dwelling for a period not to
exceed five-(6) fifteen (15) r~msec~,e days frcm *~'"...v '~"*"~_.v cf .wv-v~ ..... per
led th id permit '
ca n ar mon , sa tc
..... r'-; ....... 3 ............... ",.,3~.~.
'""'~;~" ~'" "~' ..... '~ 5y *~' .... ; .... *'"~ "'"~* must be presented upon any
request by city staff or other law enforcement personnel; and further provided
all other roles and regulations of the marina are obeyed.
(d) Nc ;Raw sewage, garbage, junk, waste, oil or any other substance
whatsoever which might pollute or damage the aesthetics or the water quality
shall not be deposited or permitted to be deposited in the waters of the
Corpus Christi Madna, its basins, fairways =r,d or anchorage areas. Pumping
of marine heads overboard will not be tolerated. Such action is a violation of
the City of Corpus Christi Code of Ordinances, Marina, County, State and/or
Federal Regulations.
(e) ~-' perccr, cr ........ h.., ~. ..... ;,,,,~, ..... ,h.. ~...~ Land areas of the
Corpus Christi ~'"-;"=""~..._...~.,._. Marina, the L-head and T-heads, or any other land
area of the Corpus Christi Marina shall not be used as a dwelling place for
any length of time, whether the person or persons be in a vehicle, tent, any
improvised shelter or without shelter. As defined herein, an overnight stay
shall constitute using the land area as a dwelling place.
17
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
May 28, 2002
AGENDA ITEM: (Caption/Title of Presentation as it should appear on the agenda)
Quarterly Update by the Economic Development Corporation
CITY STAFF PRESENTER(S):
No staff members involved in this agency presentation.
OUTSIDE PRESENTER(S):
Name
1. Ron Kitchens,
2. Joe Adame,
Title/Position Or;lanization
Chief Executive Officer & President EDC
Chairman of the Board EDC
ISSUE:
The Quarterly Update will include information regarding:
· Update on activities for the past quarter
· General Overview of the current economic conditions in Corpus Christi
· Update on job creation
REQUIRED COUNCIL ACTION:
Seeking feedback and direction from the City Council regarding needed areas
of concentration for FY2002-2003.
Additional Background []
Exhibits []
Corpus Christi
Regional Economic Development Corporation
Quarterly Report
April 2002 - YTD
YTD = August 1, 2001--April 30, 2002
Section 1--Activity Report
Section 2--Web Page Statistics
Monthly Marketing/Job Activity
Quarterly Report - April 2002
YTD = Aug 1, 2001 to July 31. 2002
5 Year = Aug 1, 2000 to July 31, 2005
Last This
Month Month
(March) (April)
Marketing:
Current Actlve Pros ts --
Current Active Sus~ects__ ~-_.~
New Sus~ 9,,i. ........ 1~,.~
..... Site Visits_ 4~.
Andes - Reviewin~s
..... ,,_Popcorn - Final ~ev[e~,~ ~te.
B~k - Reviewin~ sites. Visited ~ice this month.
Micro - Reviewin~it~:
Jet -Fimt visit. Communit~ ove~iew.
Closed Pro~ ~_ 17
Boarder - Site eot suitable.
Annual
YTD Goal
Five Five
Year Year
YTD Goal
_ _~_2_.8_ ......... _42 ........ ~_7 300
........ ~0_4_ ...... 150 332 800
39
Charlie -
Crow - P~~
ETP - No interest in Corpus Christi.
Fergi - Site not suitable.
Floor - Projecl ~ncelled.
Groin - Proi[ct c~l~:
Katie - Prd~ct canalled.
Keller - Prd~
Odiz Ship - P~ cance~?~
Rabbit - Site not suitable.
Tool - Pro ect cancelled.
Exist~ Indust~/Pro[ects O~ 0
Telephone Calls 715~ 1,512 3,212 3,000
Direct Mail 1,225 3,092 8,830 12,000
Generated ~ 1 4 5~[. 100
Suspects
Non-Primsry g~lo~ers Assisted' ~ ~--,~. ;~'. . . *~ ., .i~.'~._~50
Hg~itality Tent at Buc Days BBQ Cook off
Amedcus Unidas
Americus Unidas
Monthly Marketing/Job Activity
Quarterly Report - April 2002
YTD -- Aug 1, 2001 to July 31, 2002
5 Year = Aug 1, 2000 to July 31, 2005
Last This
Month Month Annual
(March) (April) YTD Goal
Milita~/Economic impact .L
Best Practices Report
~e_st Economic Imp_a_cf._.._.
...... Texa~-~-t-a~.A~.~u_a~i~u_~ Economic Impact
B~s
Economic
Imp~c_t.
Corpus Christi Area Labor Re~p(~._2,0..~._
Briefings/Presentations:
Number of Grou
Number of Attendees at Function 545
Texas Assoc. for the Blind
) One
Builders Association
Chamber Legislative Retreat
Remax
Horton Door
...... C~in~ular Wireless
Le adc rship~ _ .C o__rl~ .u~ ~.~ r_!s. ~!
............ R_e_g_ ) Forum
San Patdcio County EDC
2O0
Five Five
Year Year
YTD Goal
36O
3,000 6,052 18,000
Monthly Marketing/Job Activity
Quarterly Report - April 2002
YTD = Aug 1,2001 to July 31, 2002
5 Year = Aug 1, 2000 to July 31, 2005
Last This
Month Month
(March) (April)
YTD
Annual
Goal
Five
Year
YTD
Five
Year
Goal
Jobs:
New Jobs/New I~ Announced
Tex-Wave Ind.
CAM Environmental Services
Graduate Loan Services
TransAmerica Adjuster~
Volcan Materials
New Jobs/Existing Industry Announced
Circle K/SSP
McTurbine
Koch Refining
Westem Steel
Greenwood Doors
Frito Lay
____ ~_~[~ Contracti~
APAC ..................................... ..~... ..............
CCAD
1,858
2,632
Christus S.pohn Health 40
Sam Hausman Meats
Andrews Distributin~g~
....~econd~r~.~$ .....................
TOTAL NEW JOBS-FISCAL YEAR '01-'02
Celanese
Semtech
LaMOT
AEP/CPL Call Center
Total 0 53
40
1,492 1,000
1,468
120
58i
9,890i
934i
Monthly Web Page Statistics
Quarterly Report - April 2002
YTD = Aug 1, 2001 to July 31, 2002
www.ccredc.com
Number of Visitors
Number of int'l Visitors
Last This
Month Month
(March) (April)
2,952
87
3,637
119
YTD
22,984
657
Number of Unique Visitors 1,832 2,303 14,611
www.ccredc.com/Spanish
Number of Visitors 305 374 2,491
Number of Int'l Visitors 44 62 354
Number of Unique Visitors 138 247 1,411
18
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
May 28,2002
AGENDA ITEM: Texas Department of Transportation SH 358 (SPID) Bottleneck Study
Progress Report
CITY STAFF PRESENTER(S):
Name Title Dept/Division
1. Ronald F. Massey
Assistant City Manager Public Works
OUTSIDE PRESENTER(S):
Name Title/Position Organization
1. David Casteel, P.E.
2. Ismael C. Soto, P.E.
District Engineer
Traffic Engineer
TxDOT
TxDOT
ISSUE: The Texas Department of Transportation will be presenting interim results of an
on-going study of traffic conditions along the SPID Corridor.
BACKGROUND: In October 2001, the Texas Department of Transportation (TxDOT),
Texas Transportation Institute (TTI), and the City of Corpus Christi began the task of
studying the SPID Corridor from the 286/358 Interchange (Crosstown/SPID) to the Oso
Bay Causeway. The purpose of the study is to evaluate the Freeway, develop ideas and
concepts on operations safety improvements and identify corridor bottlenecks. Several
scenarios for possible development into short- or long-term infrastructure improvement
projects will be evaluated using computer simulated models and study results.
REQUIRED COUNCIL ACTION: Nothing at this time.
/(~e~artment He~d Signaturei
Exhibits (1)
I TxDOT-SPID BOTTLENECK STUDY May 2002
HISTORY/PURPOSE
In October 2001, TxDOT, Texas Transportation Institute (TTI) and the City of Corpus Christi took the task of
studying the SPID Corridor from the 286/358 Interchange (Crosstown/SPID) to the Oso Bay Causeway.
The purpose of the study was to evaluate the Freeway, develop ideas and concepts on operational, safety
improvements and identify corridor bottlenecks. Then evaluate scenarios for possible development into short or
long term infrastructure improvement projects for the SPID corridor.
The study also evaluated improvements to the SPID/Crosstown Interchange currently under construction and
planned for the Crosstown extension.
Some of the scenarios being studied (by computer simulation) ara:
· Adding additional through lanes on the SPID freeway main lanes
· Adding auxiliary lanes between on and off ramps on SPID
Changing or eliminating on and off ramps locations on SPID
· Evaluating possible driveway access restrictions
· Evaluating traffic signal timing changes
FINDINGS
Twenty-four hour volume data were collected along the corridor in October 2001. Peak hour data were extracted
from the 24-hour data and used for the operational analysis~
Conditions were evaluated for existing peak hour volumes and projected 10 and 20-year peak volumes. Traffic
volumes for the 10 and 20-year time horizon were calculated using an annual growth rate of 2.5% per year.
The traffic simulation model used to conduct the analysis was the CORSIM-micro simulation model. The computer
simulation is practical because it is:
· Less costly
· Results are obtained quickly
· The disruption of traffic operations is completely avoided
· Selection of the most effective concept and design will have a high probability of succes
Preliminary Delay and Cost of Congestion Data
(SPID corridor and related arterials)
10 year
Existing conditions Existing 20 year
with known conditions with Existing conditions with
improvements~ known known improvements~
improvements~
Delay (veh-hr/hr) 1380 4001 7550
Yearly Cost of Congestionz $ 20,700,000 $ 60,015,000 $113,250,000
~ The known improvements are the completion of currently scheduled projects to include the SH 358 / SH 286
interchange.
2Cost of Congestion calculations contain the following factors: 4 peak hours per day, 250 work days per year,
$12 per person hours, and 1.25 persons per vehicle.
Total Yearly Crashes on SPID from SH286 to Paul Jones
Year
Total Crashes
1997
530
1998~
579
1999
531
20002 20103
647 919
20203
1222
~ 1998 Data has construction influences; however, no action was taken to adjust the data set.
2 Data for last six months of 2000 were estimated based on 309 crashes reported during the first six months of
the year and an increase of 1.093 for the second half of the year. The seasonality factor was based on six-month
comparison of total crashes for 1997, 1998, and 1999.
3 Crash values for are extrapolated using a linear trend line from the 1997-2000 data set. No other factors
where taken into account.
19
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM: Air Quality Research and Planning for the Corpus Christi Urban Airshed
STAFF PRESENTER(S):
Name Title/Position Department
1. Mr. Ron Barnard, Environmental Program Spec., Environmental Programs
OUTSIDE PRESENTER(S):
Name Title/Position Or,qan!_=etion
1. Mr. Bill Hennings,
Chairman,
Air Quality Committee
ISSUE: Council has a resolution on the agenda to authorize the approval of an O3Flex
Agreement between the U.S. Environmental Protection Agency (EPA), the Texas Natural
Resource Conservation Commission (TNRCC), and the political subdivisions in the Corpus
Chdsti Urban Airshed consisting of Nueces and San Patricio counties, including the City
of Corpus Christi. The other signatories to the Agreement are: Nueces County, San
Patricio County, the Corpus Christi Regional Transportation Authority and the Port of
Corpus Christi Authority. O3Flex is a terminology coined by EPA to describe a flexible
approach offered to an area allowing local stakeholders the opportunity to develop
programs for attainment of the federal ozone standard most effective for the make-up of
the area itself.
BACKGROUND: The Corpus Christi Air Quality Committee has been engaged in a
program of air quality research and planning since 1995 to keep the area in attainment of
the federal ozone standard. Numerous voluntary initiatives have been undertaken with
noticeably favorable results. A Flexible Attainment Region (FAR) Agreement was executed
in 1996 with US EPA and TNRCC, which expired in July 2001. The O3Flex Agreement
replaces the FAR and would shield the area from a non-attainment designation in the event
the standard was violated.
The presentation will provide Council an update on activities of the Air Quality Committee
and the beneficial results of those activities. Current status of the area ozone studies is
provided.
REQUIRED COUNCIL ACTION: Council is being requested to authorize the Mayor to
execute the O3Flex Memorandum of Agreement on behalf of the City of Corpus Chdsti.
That item is included on the May 28, 2002 Council Agenda.
(Department~
Additional Background
· In 1995 the Corpus Christi Urban Airshed was very close to exceeding the federal ozone
standard. An Air Quality Task Force was appointed by the late Mayor Mary Rhodes to
develop a program to prevent that from occurring. The Task Force transitioned to the
current Air Quality Committee, which continues to meet today. Council has been given
periodic updates on the activities of the Committee and the positive impact the
Committee's activities has had on local air quality.
The initial product of the Committee was the successful negotiation of the second Flexible
Attainment Region Agreement (FAR) nationally. The FAR expired in July 2001. The FAR
and the new O3Flex Agreement replacing it provide a shield to protect the area from being
designated non-attainment should the standard be exceeded or violated while local control
initiatives are developed and implemented.
Today's presentation provides Council with a status update of the programs underway and
provides the results of those programs.
Exhibits
· Attached is a copy of the presentation by Mr. Bill Hennings.
AIR QUALITY
CORPUS CHRISTI URBAN AIRSHED
NUECES AND SAN PATRICIO COUNTIES
MAY 2002
BILL HE~NNINGS, CHAIRMAN
AIR QU3,L1TY COMMI'VrEE
NATIONAL STANDARDS
FOR
AMBIENT AIR QUALITY
CARBON MONOXIDE
· NITROGEN DIOXIDE
· OZONE
LEAD
· PARTICULATE MATTER
· SULFUR DIOXIDE
(UOllll8 Jad S~ed) auozo :lualqmV
0
0
0
0
I
!
100
CL 90
CL
c 80
U
m
c
0
c 70
60
Ozone Concentration Trend at CAMS O4 (19862001)
Fourth highest 8 -hr Avg Ozone NAAQS t3 Yr Aug of 4th Highest 8 -hr Avg Ozon
Ozone Concentration Trend at CAMS 21 (19862001)
g 90 I 8-hr.Ozone-NAAQS45 ppb
CL
v
80
m
e
0
0 70
60
1986 1987 19881989 1990 1991 1992 1993 1994 19951996 1997 1998 1999 2000 2001
o Fourth highest 8 -hr Avg Ozone NAAQS - 4 3 yr Avg of 4th Highest 8 -hr Avg Ozone]
Ariz TEXAS A&M
ENVIRONMENTAL ENGINEERING
Texas Department of Transportation District Statistics
Nueces and San Patricio Counties
Year
Population
Vehicles registered
Daily vehicle miles
1990 2000 %Increase
349894 380783 9
268572 ,,296121 10
5375263 7038250 31
United States Air and Radiation EPA -456/F-99-002
Environmental Protection Washington, DC 20460 July 1999
Agency httpJ/www.epa.gov/airnow
1"110
EPA Air Quality Guide for Ozone
Air Quality
.ir uality Index
Protect Your Health
y.
=,j,,m��i
.-,=PtF
i 'i9 j.,�i-'2'y��}��do
�Y
ti �� •w, {� ° �
�> � � -
� ��
, �y
� gid•, }.,.,r'y��e� �,�,
'
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ft� A �i..�
Z
S 5�k"�J •�M.:\�
T �"'. �
•1 BM iy
ZAI
n��}Zd 5. •. �) a�.t_
Unusually sensitive people should
• •
t Aconsiderlimitingprolonged
outdoor
exertion.
Active children and adults, and
Unhealthy •
people
t t
Sensitive Groups
such as asthma, should limit
outdoor exertion.
Active chiliren'and adults, and
Peopleprolonged
such as-'astihma, 'should avoid pro -
Unhealthy
t t
long6d outdoor -exertion; everyone
else, eipeci , ally children, should
llimit prolonged outdoor exertion.
For more information visit EPA's web site at: www.epa.gov/airnow
Wind Rose at CAMS 04 - Corpus Christi
(a) monillig, nigh Ozol-le Day",
Days
(c) Morning Low Ozone Days (d) Afternoon Low Ozone Day
FLEXIBLE ATT~ ACTION PLAN
PHASE I
1. Marine vapor recovel~
a. Accelerated schedule of installing vapor recovery systems
b. Rescheduling of loading act'ndties on Ozone Action Days
2. Reid vapor pressure of gasoline sold by lo~al r~fineries will be lowered to 7.8 during
the months April through September
3. Texas A&M University-Kinl~_lle research projects
4. Small busines~ Pollution Prevention Partnership
5. Stage I vapor ~covery
6. Promotion of clean burning fuels
7. Ozone A~tion Day program
PHASE H
1. Evaluate Texas A&M University-Kiugsville's research re~alts and take appropriate
actions
PHASE IH
If exceedanees or violations of the ozone standard occur
I. Expand Ozone Action Day program
2. Lower Reid vapor pressure of gasoline to 7.2
3 U 'ulize refornmlsted gasoline
O3FLEX MEMORANDUM OF AGREEMENT
May 2002
ACTION PLAN
PLANNING MEASURES
VOLUNTARY EMISSIONS REDUCTION MEASURES
Stationary emi.~sion sources, control devices, control
procedures.
Public awareness, notification and participation
programn,
SmaU Business Assistance.
Mobile sources, controls.
CONTINGENCY MEASURES
Exceed~nces (ozone level excecdin~ 0.12 ppm for a one-
hour average).
Violations of the Clean Air Act - more than three
exceed~nces in three years.
Term: Expires December 31, 2007.
Parties: · City of Corpus Christi
· Nueces County
· San Patricio County
· Port of Corpus Christi Authority
· Corpus Christi Regional Transportation Authority
· Texas Natural Resource Conservation Commission
· U.S. Environmental Protection Agency
Annual average concentration for
PM2.5 at CAMS 04(Corpus Christi)
16 T __
14
'~ 8
m. o~
Annual AM ~ NAAQS i
2001
Year
* Data taken upto May 15, 2002
24hr average concentration for
PM2.5 at CAMS 04(Corpus Christi')
IFil 98th%tile NAAQS i
2001 20(72*
* Data taken upto May 15, 2002
20
AGENDA MEMORANDUM
Date: May 23, 2002
SUBJECT:
O3Flex Memorandum of Agreement
Environmental Programs
AGENDA ITEM: Resolution authorizing the City Manager to execute a memorandum of
agreement with the U.S. Environmental Protection Agency and the Texas Natural
Resource Conservation Commission providing for the implementation of locally defined
emission control programs should the one-hour federal ozone standard be violated in lieu
of immediate redesignation to non-attainment.
ISSUE: The Corpus Christi urban airshed comprised of Nueces and San Patricio counties
experiences episodes of elevated ozone levels. At times the recorded levels approach the federal
one-hour standard of 0.12 parts per million. Should that standard be exceeded four times in a three-
year period, the area could be designated in non-attainment of the standard resulting in control
mandates from the state and federal governments. These mandates would result in expensive
control requirements being required of industries located in the area and considering moving to the
area.
The U.S. Environmental Protection Agency (EPA) developed a program replacing the Flexible
Attainment Region Agreement (FAR), which recently expired for Corpus Chdsti, with an O3Flex
Memorandum of Agreement. This agreement, like the FAR before it, allows an area to develop a
control strategy unique to the area that most efectively reduces ozone levels in the airshed. The
Corpus Christi Air Quality Committee developed an O3Flex Agreement with EPA and the Texas
Natural Resource Conservation Commission (TNRCC). Input was received from all interested
parties participating in the Air QualityCommittee.
Execution of the O3Flex Agreement provides the time needed for the Corpus Christi Air Quality
Committee to scientifically analyze the causes of any ozone exceedance or violation, should one
occur, and define and implement a control strategy to correct the problem. EPA agrees not to
redesignate the area non-attainment as long as efforts defined in the agreement are being followed.
FUNDING: No funding is required.
RECOMMENDATION: Staff recommends approval of the Resolution.
Attachments:
1.
2.
~~grams
Summary of the O3Flex Agreement
O3Flex Agreement
BACKGROUND INFORMATION
Subject: O3Flex Memorandum of Agreement
Project Description: The Corpus Christi urban airshed comprised of Nueces and San Patricio
counties experiences episodes of elevated ozone levels. At times the recorded levels approach the
federal one-hour standard of 0.12 parts per million. Should that standard be exceeded four times
in a three-year period, the area could be designated in non-attainment of the standard resulting in
control mandates from the state and federal governments. These mandates would result in
expensive control requirements being required of industries located in the area and considering
moving to the area.
The U.S. Environmental Protection Agency (EPA) developed a program replacing the Flexible
Attainment Region Agreement (FAR), which recently expired for Corpus Chdsti, with an O3Flex
Memorandum of Agreement. This agreement, like the FAR before it, allows an area to develop a
control strategy unique to an area that most effectively reduces the monitored o~ne levels in the
airshed. The Corpus Chdsti Air Quality Committee developed an O3Flex Agreement in collaboration
with EPA and the Texas Natural Resource Conservation Commission (TNRCC). Input was received
from all interested parties participating in the Air QualityCommittee.
The agreement sets out a program for identifying the cause of any episode of high ozone exceeding
the one-hour federal standard based on good science. The agreement contains a list of options for
control of ozone precursors to be evaluated and timetables for action in the event of an exceedance
or violation. This agreement allows local interests to determine the best strategy for bdnging the
area back into attainment of the standard rather than state or f~deral mandates.
Execution of the O3Flex Agreement will provide the time needed for the Corpus Chdsti Air Quality
Committee to scientifically analyze the causes of any ozone exceedance or violation, should one
occur, and define and implement a control strategy to correct the problem. EPA agrees not to
redesignate the area non-attainment as long as efforts defined in the agreement are being followed.
Prior Council Action: Council approved execution of the Flexible Attainment Region Agreement
in 1996.
Future Council Action: No future Council Action is anticipated regarding this O3Flex Agreement.
SUMMARY
O3FLEX MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI,
THE ENVIRONMENTAL PROTECTION AGENCY,
AND THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
Agreement Provision - EPA and TNRCC agree to defer redesignation of the Corpus Christi
Urban Airshed in the event the monitored ozone levels evidence exceedances or a violation of
the federal ozone standard.
Responsibilities of Contractor - The local signatories of the O3Flex Agreement are the
City of Corpus Christi, Nueces County, San Patricio County, the Port of Corpus Christi
Authority, the Corpus Christi Regional Transportation Authority. Working under the auspices
of the Air Quality Committee, the local signatories agree to continue the air quality research
and planning activities funded by the Appropriation Rider Grants provided by the Texas
Legislature through the TNRCC.
In the event of In the event of an exceedance or violation of the federal ozone standard, the
agreement establishes a timetable for determining the cause and establishes a list of
potential control strategies to be considered for the area. This list has been developed in
collaboration with all interests participating on the Air Quality Committee.
Payment - There is no funding or cost component to this agreement.
Term - The agreement terminates on December 31, 2007 unless the signatories mutually
agree to terminate it early.
ATTACHMENT #1
03 FLEX Intergovernmental Agreement
For
Nueces and San Patricio Counties in Texas
(The Corpus Christi Urban Airshed)
ATTACHMENT #2 I
03 FLEX INTERGOVERNMENTAL AGREEMENT
FOR
NUECES COUNTY AND SAN PATRICIO COUNTY IN TEXAS
(THE CORPUS CHRISTI URBAN AIRSHED)
TABLE OF CONTENTS
Page
INTRODUCTION 1
TERM~ AMENDMENT~ TERMINATION 3
BACKGROUND 4
PARTICIPATING STAKEHOLDERS 4
APPLICABLE STANDARDS 4
STATUS OF AIR QUALITY 4
SOURCES OF POLLUTANTS 4
Inbound transport
Stationary sources
Mobile sources
MONITORING 6
HIGH OZONE EPISODES 7
REGIONAL PHOTOCHEMICAL MODELING 7
TRENDS 8
ACTION PLAN 10
PLANNING MEASURES 10
Obiectives of inventorying sources of emissions of ozone precursors
Obiectives &monitoring air pollution levels
Analyzing sensitivity to assess relative effectiveness of control strategies
Evaluating specific control strategies
VOLUNTARY EMISSIONS REDUCTION MEASURES 12
Stationary emission sources, control devices, control procedures
Public awareness, notification and participation programs
Small Business Assistance
Mobile sources, controls
New legislation
New Regulations
CONTINGENCY MEASURES 17
Definitions.
Exceedances
Violations
ANNUAL REVIEW 20
TABLE OF CONTENTS (CONTINUED)
APPENDICES
1
2
3
4
5
6
7
An Analysis of the 1996 Flexible Attainment Region Memorandum of Agreement
List of Participants in the Air Quality Committee
Conceptual Model of Weather Patterns
Rider 17 Project Report
Air Quality Research and Planning Work Plan for 2002/2003
Industry Commitments
"Smart Sign" Project Reports
ii
03 FLEX INTERGOVERNMENTAL AGREEMENT
FOR
NUECES COUNTY AND SAN PATRICIO COUNTY IN TEXAS
(THE CORPUS CHRISTI URBAN AIRSHED)
INTRODUCTION
Two adjoining counties, Nueces County and San Patricio County in Texas, contain a
large urbanized area with a number of industrial point sources of air emissions and a
concentration of mobile sources. The two counties are home to the nation's fifth busiest
deep-water port, a large industrial and petrochemical complex, two major military bases,
and a network of highways including the Interstate Highway System that facilitates
commerce and a thriving tourism industry.
Such urbanized areas are referred to as "urban airsheds," coinciding with metropolitan
statistical areas defined by the U.S. Census Bureau. The Corpus Christi metropolitan
statistical area, comprised of Nueces County and San Patricio County, may be considered
an urban airshed in which air emissions from sources in both counties interact to
influence the level of ambient air pollution in the community. Control of ambient air
quality requires a strategy that considers sources of air emissions in both counties.
The urban airshed of Nueces County and San Patricio County in Texas is an area in
which local entities, the Texas Natural Resource Conservation Commission (TNRCC),
and the U.S. Environmental Protection Agency (EPA) are working together to plan and
implement voluntary actions appropriate to community needs to improve air quality.
This collaboration makes it possible to design common sense strategies that reflect the
weather, driving habits, and economy of the region in the creation of a model program.
A Flexible Attainment Region Memorandum of Agreement in 1996 among these parties
formalized a plan:
City of Corpus Christi Texas Natural Resource Conservation Commission
Nueces County U.S. Environmental Protection Agency
San Patricio County
Port of Corpus Christi Authority
Corpus Christi Regional Transportation Authority
Other stakeholders making major contributions to this effort include the following:
Port Industries of Corpus Christi, Inc., and its member companies.
Texas A&M University-Corpus Christi, Department of Community Outreach
Texas A&M University-Kingsville, Department of Environmental Engineering
The success of this effort has been measured by monitoring of ambient ozone levels.
Annual maximum daily high ozone levels have been reduced so that no exceedances of
the National Ambient Air Quality Standard for ozone (based on one-hour averages) have
occurred in the Corpus Christi urban airshed since 1995. By comparison, other
attainment areas in Texas have recorded higher peak ozone levels during the period of the
1996 Flexible Attainment Region Memorandum of Agreement:
'soI
140
1201
60-
0
Highest Ozone Days in Attainment Areas
1997 through 2001
11119/01
Corpus Christi
9/4/98 5/29/98
Laredo San Antonio Tyler
Urban Airshed
Since no exceedances have occurred in the Corpus Christi urban airshed since 1995, it
was not necessary to implement the contingency measures of the 1996 Flexible
Attainment Region Memorandum of Agreement. The contingency measures are still
viable options that could be implemented if needed in the future in the unlikely event that
exceedances occur even after full implementation of voluntary measures.
A detailed analysis of the 1996 Flexible Attainment Region Memorandum of Agreement
and its results is attached as Appendix 1.
In 2001, the EPA adopted a policy and issued guidelines for a new program to encourage
voluntary air emission reductions that will help keep an area in attainment of the one-
hour ozone standard, while providing the health benefits envisioned under the 8-hour
ozone standard. The new program is called "O3FLEX" and eligible communities are
invited to develop an O3FLEX Intergovermnental Agreement. Stakeholders in Nueces
County and San Patficio County have expressed their desire to participate in the O3FLEX
program. This intent was expressed in a letter by the Mayor of Corpus Christi dated July
2
9, 2001 and acknowledged in a reply from the EPA Regional Administrator dated August
14, 2001.
The following table reflects the estimate of quantifiable emissions reductions achieved as
a result of the voluntary programs established in the 1996 FAR agreement. There were
additional reductions resulting from ozone action day alerts and similar educational
outreach efforts that are much more difficult to quantify. Since there is no reliable
method to verify results, we have not attempted to associate numbers to those programs.
Emission Reduction Estimates From Voluntary Controls~
Voluntary Control Strategy VOC (Tons/Yr) NOx (Tons/Yr)
Stage I Vapor Recovery 1776 ---
7.8 RVP Gasoline 622 26
Voluntary Marine Loading Controls 2538 ---
Voluntary Industrial Reductions 593 2320
Corpus Christi Air Quality Assessment, 1998-1999, Project Report, Dr. Kumvilla John, Ph.D., Texas
A&M University-Kingsville. Also includes reduction estimates from individual industrial sottrces.
3
BACKGROUND
PARTICIPATING STAKEHOLDERS. A proactive Air Quality Committee was
established in 1995 to review the ozone attainment issues for the Corpus Christi urban
airshed, comprised of Nueces and San Patricio counties in the Texas Coastal Bend
Region. The membership includes local government, business and industxy, local
universities, the military, representation from the press, and the meetings are open to the
public. The attached Appendix 2 is a list of participants in the Air Quality Committee.
APPLICABLE STANDARDS. This 03 FLEX Intergovernmental Agreement is
applicable under the current National Ambient Air Quality Standard for ozone based on
one-hour averages. The standard requires that the daily maximum one-hour average
ozone level as recorded at a Continuous Air Monitoring Station may exceed 0' 12 parts
per million on no more than three days in the most recent three calendar year period.
If the current one-hour standard is withdrawn or is determined by the EPA to be
inapplicable in the Corpus Christi urban aimhed at a future date, then this agreement may
be terminated or revised in accordance with state and federal law.
STATUS OF AIR QUALITY. The Corpus Christi urban airshed, comprised of Nueces
and San Patricio Counties, is designated attainment for the National Ambient Air Quality
Standard for ozone based on one-hour averages. The TNRCC considers the Corpus
Christi area to be one of several near-nonattainment areas in Texas. There have been no
recorded exceedances of the one-hour standard since 1995.
SOURCES OF POLLUTANTS. Scientific research performed by Texas A&M
Univemity - Kingsville, including emissions inventory activities and backward
trajectories for high ozone episodes, indicates the pr/mary sources of ozone precursors:
Inbound transport. Cluster analysis of high ozone episodes from 1995 through
2001 showed that a significant majority were heavily influenced by inbound
transport of ozone and ozone precursors from northeast of the Corpus Christi area.
This information is detailed in the Conceptual Model of weather patterns attached
as Appendix 3. Progress in reducing ambient ozone and ozone precursors in areas
northeast of Nueces County and San Patricio County along and near the Texas
coast and in Louisiana is needed to assist in controlling ambient ozone in the
Corpus Christi urban airshed.
Stationary sources. The most current emissions inventory study submitted to the
TNRCC in August 2001 for calendar year 1999 indicates that point sources
account for 52% of nitrogen oxide emissions and 29% of volatile organic
compounds. Electric generating facilities and other industrial facilities are the
largest local sources of nitrogen oxide emissions.
4
Mobile sources. The calendar year 1999 emissions inventory indicates that on-
road and off-road mobile sources produce 46% of nitrogen oxides and 39% of
volatile organic compounds. The inventory data was supplied by the Texas
Transportation Institute f~om Mobile-5A. Mobile sources are the largest local
sources of volatile organic compound emissions.
Figure 1: 1999 Summary Of Emission Inventory Estimates
(Ail Emissions in Tons / Year)
1Nueces Count
Pollutant Area Non-Road On-Road Biogenic* Point Total
VOC 5,867.45 7,245.12 6,464.75 3,110.33 12,563.48 35,193.22
NOX 274.17 12,080.86 10,019.44 401.41 25,339.79 48,115.66
CO 270.41 27,628.24 66,924.34 13,673.90 108,496.89
San Patricio County
Pollutant Area Non-Road On-Road Biogenie* Point Total
VOC 2,263.73 3,190.35 1,455.65 3,830.30 999.32 11,707.90
NOX 53.11 3,031.87 2,376.05 347.48 5,430.77 11,239.28
CO 323.83 11,309.88 15,075.74 3,235.35 29,944.79
Airshed Total
Pollutant Area Non-Road On-Road Biogenic* Point Total
VOC 8,163.01 10,435.47 7,920.40 6,940.63 13,652.17 47,022.32
NOX 327.28 15,112.74 12,395.49 748.89 30,770.55 59,354.95
CO 594.24 38,938.12 82,000.08 16,909.25 138,441.69
'1996 dma
5
VOC All Sources Both Counties
On-Road
16%
22%
NOX All Sources Both Counties
52%
Nonroad
25%
MONITORING. The Texas Natural Resource Conservation Commission operates two
Continuous Air Monitoring Stations in Corpus Christi. Station C4 is located at the State
School at 902 Airport Road. Station C21 is located in West Guth Park at 9705 Up River
Road. A map identifying the locations of the monitors in the City of Corpus Christi is
included as Figure 12, page 31, of the Conceptual Model Report, Appendix 3.
No exceedances of the one-hour standard have occurred since 1995 (Fig. 4, page 20,
Appendix 3).
HIGH OZONE EPISODES. Monitoring has shown that normally low ozone levels in
the Corpus Christi area are occasionally elevated to near the National Ambient Air
Quality Standard. These episodes are characterized by hot sunny days, cloudless skies,
light northeasterly winds, and high background levels of ozone and ozone precursors
associated with inbound transport from northeast of the community (Fig. 14 & 15, page
35, Appendix 3).
These conditions facilitate buildup of ozone levels fi.om local emissions of ozone
precursors. Special events such as holiday weekends and festivals generate additional
motor vehicle traffic that increases local sources. High ozone episodes usually span
several days, and end when the inbound transport fi.om the northeast ends.
REGIONAL PHOTOCHEMICAL MODELING. The Corpus Christi Air Quality
Committee and Texas A&M University-Kingsville are participating in a major regional
photochemical modeling effort on the September 1999 ozone episode in cooperation with
the TNRCC and the communities of San Antonio, Austin, and Victoria. The University's
Department of Environmental Engineering began doing air quality studies for the Air
Quality Committee in 1995 using funds contributed by local businesses and government
entities. The product of the regional study is a base case Comprehensive Air Quality
Model for the region installed on the computer system at the University that will be used
for a series of sensitivity analyses. The impact of selected source categories on ozone
formation in the area can be estimated, and emissions reduction strategies tested for their
impact on the region. Use of the model will provide a determination of the most effective
strategies for ozone control unique to the Corpus Christi urban airshed.
To date modeling for the area has been utilized to investigate the impact of local
emissions sources on downwind areas. Since the Corpus Christi urban airshed is in
attainment with the one-hour ozone standard, modeling efforts have been directed toward
determining the areas affected by local emissions and the magnitude of any detected
impact. An episode from 1993 was used for an initial "zero out" investigation. A base
case using data developed for the COAST Study was nm followed by a control case in
which point source emissions of nitrogen oxides in the Corpus Christi airshed were
deleted. The modeling was performed by Atmospheric & Environmental Research, Inc.
under the direction of Texas A&M University-Kingsville. The results of this study were
shared with TNRCC and served to direct additional study by TNRCC and local
researchers.
A second round of modeling was conducted by Texas A&M University-Kingsville
researchers as part of the Air Quality Research Project funded by the State through Rider
17 to the 1998/1999 State Budget. The report on the second modeling project is included
as Appendix 4 to this Agreement. In it the area grid network for a 1999 emissions
inventory is developed for the Regional Modeling project mentioned above, and a more
detailed zero out investigation is conducted for a September 1995 regional episode. The
purpose was two-fold. The 1999 base case model is to be installed at Texas A&M
University-Kingsville for control mechanism sensitivity testing. The most accurate
inventory data available was input and performance of the model was tested. Again the
base 1995 "actual" is compared to a control case deleting local sources. Results of these
activities are detailed in Appendix 4.
Upon receipt of the September 1999 simulation and performance demonstrated, control
strategies may be simulated for impact analysis. The potential of simulating the "Olefin
Effect," identified during the recent Texas 2000 Study, conducted for Houston by the
TNRCC and numerous federal government and university researchers, will be
investigated. If this phenomenon can be simulated, it will be quite useful to the area due
to the large petrochemical and refining presence. It could also be quite useful in assisting
the regulated industries to determine the most economical and effective control strategies
for their use.
TRENDS. Monitoring has shown a significant reduction in maximum daily one-hour
average ozone levels for the years 1997 through 2000, compared to prior years. This
improvement is attributed to the voluntary measures implemented under the provisions of
the Flexible Attainment Region Agreement approved in June 1996. A violation of the
one-hour ozone standard could occur in 2002 only if either monitor records four
exceedances in 2002. No exceedances have occurred since 1995.
180
Peak 1-Hour
160
140
120
100
80
60-
40-
20
0
1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1898 1999 2000 2001
Year
Figure 2: Peak one-hour ozone levels observed by year.
8
9
ACTION PLAN
PLANNING MEASURES. Air quality planning measures will afford the opporttmity
for scientific research and study. The results will enable appropriate and effective control
measures to be identified, prioritized, and selected as necessary through the process
established in this agreement.
The air quality planning measures for the Corpus Christi urban airshed are sponsored by
the near-nonattainment area funding program through TNRCC. The Department of
Environmental Engineering of Texas A&M University-Kingsville, in cooperation with
the Corpus Christi Air Quality Committee leads the research effort, which has as its goal
a mechanism enabling sound decisions to reduce emissions, especially the types of
emissions that affect peak ambient ozone levels more than others. The following
programs comprise that effort:
1. Inventorying sources of emissions of ozone precursors;
2. Monitoring air pollution levels;
3. Modeling the photochemistry of ozone formation;
4. Utilize the Base Case photochemical model and a series of sensitivity runs to
determine if control of volatile organic compounds, nitrogen oxides, or a
combination of controls is most effective;
5. Determine the effect ofolefin emissions;
6. Analyzing sensitivity to assess relative effectiveness of control strategies; and
7. Evaluating specific control strategies.
The full Work Plan for the 2002/2003 contract period is attached as Appendix 5. A
summarized scope of work follows:
Obiectives of inventorying sources of emissions of ozone precursom
Further update and improve the emissions inventory for the Corpus Christi urban
airshed 1999, and project future year emissions inventories. Resolve uncertainties
in the overall mobile and stationary source emissions inventory for Nueces
County and San Patricio County.
· Obtain a better estimate of marine emissions, including loading and unloading
operations of petroleum products and other chemicals at the port, and emissions
from the shipping channels.
· Obtain a better representation of the mobile source emissions of nitrogen oxides
and volatile organic compounds in collaboration with the TNRCC and the Texas
Transportation Institute. Use line-source modeling and MOBILE-6 or other EPA
approved mobile source model to obtain improved estimates of on-road
emissions. Use accurate data reflecting fleet composition and age of vehicles on-
road.
· Obtain more accurate estimates of off-road emissions, including emissions from
pleasure boats, agricultural implements, and lawnmowers.
10
Estimate emissions from general, commercial and military aircraft.
Develop an improved estimate of the biogenic component of the emissions
estimate in collaboration with the Texas Natural Resource Conservation
Commission, including an estimate of emissions from the soil resulting from
excessive fertilizer application.
Obiectives of monitoring air pollution levels
· Monitor and measure ozone, its precursors and meteorological variables affecting
air pollution levels in the Corpus Christi urban airshed.
· Determine appropriate locations for ozone, precursor, and meteorological
monitors on the basis of key criteria, such as upwind/downwind sites; rural/urban
locales; target populations; offshore/coastal/inland sites; and clustered/distributed
monitoring network.
· Evaluate ozone concentrations and distribution within Nueces County and San
Patricio County and within the urban area of Corpus Christi.
· Investigate causes of any elevated episode to determine if it was the result an
"international event" or other extraordinary cause and determine the influence of
transport and the effect controls promulgated for areas upwind would have on
mitigating the extent of the episode if possible.
Analyzing sensitivity to assess relative effectiveness of control strategies
Determine the relative effectiveness of regional versus local controls.
Determine the relative effectiveness of reducing nitrogen oxides versus reducing
volatile organic compounds.
Develop the theoretical maximum emissions inventory and spatial distribution of
emissions to continue attainment of the ozone standard in the Corpus Christi
urban airshed, assuming implementation of all regional controls that have the
potential to reduce inbound transport.
Evaluating specific control strategies
· Evaluate the potential for reducing emissions of volatile organic compounds and
nitrogen oxides from possible control strategies.
· Test the effectiveness of each identified strategy in reducing ozone levels.
The base case regional model was completed and a draft report issued April 3, 2002 by
the contractor, Environ. The base case model provided a good simulation of ozone
production in the central part of the state. Coastal meteorology is much more difficult to
accommodate and additional work needs to be done to improve performance along the
coast. Appropriations Rider funding was budgeted by both Corpus Christi and Victoria
for that purpose as both cities experience the same effect.
11
Once the meteorology issue is addressed, sensitivity analyses will be undertaken with
Appropriations Rider funding provided by the Texas Legislature during the fiscal years
2002/2003 biennium. A report on the results of those analyses will be issued by August
31, 2003 or as the contract with the TNRCC may be amended. Conclusions and
recommendations will be reached at various times during the course of the project and
new analyses may be conducted beyond that date based on any new information. The Air
Quality Committee will evaluate the conclusions and recommendations when received
and consult with TNRCC and EPA to determine whether necessary additional response
measures should be considered for implementation.
The project scope was to provide the base case model from which emissions reduction
strategies may be evaluated. As noted, there are some facets of the model that need to be
addressed, the key issue for Corpus Christi being simulation of the coastal meterorolgy.
Between the efforts of scientists from Texas A&M University~Kingsville and the
University of Texas-Austin, that issue will be resolved.
Appendix 8 contains the Conclusions and Recommendations from the draft Environ
Report. The following bullet points summarize the more significant items:
· Large under prediction of the ozone peaks noted throughout the domain.
· Transport of ozone and precursors from the Houston area is of prime concern for all
four NNAs. In this particular episode, wind directions throughout most of the period
were aligned along the Gulf coast, which would indicate a sufficient transport path
from Houston to Victoria and Corpus Christi.
· The biggest sources of NOx-generated ozone appears to be mobile and elevated point
sources for San Antonio and Austin and area/non-road sources in Corpus Christi. The
biggest sources of VOC generated ozone appears to be biogenic and area/non-road for
three of the four NNAs.
VOLUNTARY EMISSIONS REDUCTION MEASURES. Employers and citizens in
the Corpus Christi urban airshed will implement various voluntary control measures to
reduce the emission of ozone precursors. As indicated in Figure 2, above, the Corpus
Christi airshed continues in attainment of the one-hour ozone standard. The voluntary
measures, committed in the FAR plus some additional measures implemented subsequent
to execution of the FAR, have proved effective in maintaining compliance with the one-
hour ozone standard.
Stationary emission sources, control devices, control procedures. Refineries,
petrochemical plants, and other major industries will implement the following actions:
· Marine vapor recovery and control equipment will be used at marine tank ship
and barge loading facilities for transfer of products that have a vapor pressure
higher than 0.5 psi.
· Uncontrolled loading of volatile products that have a vapor pressure higher than
0.5 psi will be rescheduled to occur on days other than Ozone Action Days to the
extent feasible.
12
· The potential of simulating the "Olefin Effect," identified during the recent Texas
2000 Study, conducted for Houston by TNRCC and numerous federal
government and university researchers, will be investigated. If this phenomenon
can be simulated, it may be quite useful due to the large petrochemical and
refining presence. It could also be quite useful in assisting the regulated
industries determine the most economical and effective control strategies for their
use.
· Industries and the Port of Corpus Christi Authority have made specific
commitments to voluntarily reduce emissions. These voluntary commitments are
contained in letters included as Appendix 6.
Public awareness, notification and participation programs. Public awareness,
notification, and participation will include the following activities by the Corpus Christi
Air Quality Committee under the leadership of the Texas A&M University-Corpus
Christi Department of Community Outreach with assistance of other educational
institutions, local businesses and government agencies: · Teacher training workshops
· In-school presentations and materials
· Exhibits at community fairs and special events
· Presentations to local civic and business groups
· Daily television and newspaper ozone data during ozone season
· Ozone season kick-off news media event
· News media conferences and briefings
· Regional briefings of community leaders
· Special notices and briefings for holiday weekends
An annual public awareness campaign will be conducted each year during the ozone
season. Results will be measured through surveys. Each annual campaign will be
modified and improved using survey results and direct citizen input.
The Corpus Christi Air Quality Committee is participating in the development of a
"Statewide Transportation Air Quality Public Outreach and Education Program" in
partnership with Texas Transportation Institute, Texas Department of Transportation, and
TNrRCC. The purpose of the program is to develop and launch a statewide public
message through television spots, billboards, radio spots, etc. that encourage Texans to
"Drive Clean Across Texas". The program hopes to build and raise public awareness of
air quality/transportation issues, motivate behavioral changes, and produce an economy
of scale through mass production and distribution. The focus of the spots will be car-
pooling, proper vehicle maintenance and alternative transportation options. An advisory
resource group was appointed to ensure that the statewide message is compatible with the
issues and current messages taking place in local programs throughout Texas. Due to the
many successful events and efforts in Corpus Christi with air quality public education
and outreach, a representative of the Corpus Christi Air Quality Committee has been
appointed to this advisory resource group and is providing input into the development
and implementation of the program.
13
An ozone action day program will be continued by TNRCC. Major participants include
the City of Corpus Christi, Texas A&M University-Corpus Christi Department of
Community Outreach, local industries and military installations, the Corpus Christi
Regional Transportation Authority, the Port of Corpus Christi Authority, and the Texas
Department of Transportation.
Small Business Assistance. The Texas A&M University-Corpus Christi Department of
Community Outreach established a program to educate small business on methods to
reduce emissions and waste streams at their facilities through an ambitious outreach
effort. The program was begun in 1995 with assistance of a $105,000 demonstration
grant fi.om the EPA. The partnership assists small businesses in reducing their emissions
of ozone precursors, and it provides public recognition of participants' activities. The
strategy for the program is based on the assumption that many small businesses use
equipment, materials, and processes that could be changed both to benefit the business
and to reduce pollution, and that small businesses will voluntarily make changes to
reduce emissions if managers believe it is in their business' best interest to do so.
Business sectors are targeted through an analysis of emissions inventory data. Program
staff members meet with small business representatives and consultants to identify
motivations for participation, best practices, pollution prevention possibilities, and
applicable environmental regulations. Educational seminars, training sessions, and
compliance audits are provided based on a program specifically designed for each small
business sector to follow the recommendations from industry representatives who
participate in focus groups. High-credibility consultants in each business sector are used
as needed for technical assistance, while leveraging other volunteer resources.
Technical support comes fi.om the City of Corpus Christi, TNRCC's local office and
small business assistance program, Corpus Christi Army Depot, Port Industries of Corpus
Christi member companies, Texas Engineering Extension Service, Texas A&M
University-Kingsville, EPA, and other public agencies. Participants receive and display
the Pollution Prevention Partnership window decal as part of a community wide
recognition effort. The small business Pollution Prevention Parmership will be continued
using state and local funds to accomplish the following projects:
Training in methods and materials for industrial coatings contractors and
personnel, and users of their services so that painting and similar activities will
emit minimum amounts of volatile organic compounds.
· Training of vehicle fleet operators to reduce emissions fi.om fleet vehicles.
· Retraining of tank truck operators and filling station/convenience store personnel
to ensure the use of stage one vapor recovery equipment when gasoline is
transferred from tank trucks to nnderground tanks.
· Retraining of owners and employees of small businesses in sectors such as
printers, wood product manufacturers, and auto paint and body shops, which have
previously participated in the program.
14
Continue the emissions inventory project for small business, gas compressor
research and recommendations, and agricultural pesticide and herbicide research
and recommendations.
Mobile sources, controls. Local refineries have voluntarily provided the Corpus Christi
area with gasoline having lower Reid vapor pressure than required by regulation, as a
measure to reduce emissions of volatile organic compounds. Beginning in 1996,
refineries provided gasoline having a maximum vapor pressure of 7.8 psi during the
months May through September, a reduction from the maximum of 9 psi then allowed by
regulation. Subsequently, research and monitoring programs have shown that the ozone
season in the Corpus Christi urban airshed extends through the month of October.
Therefore, beginning in 2000, refineries voluntarily provided gasoline during October
having a maximum vapor pressure of 9 psi, a reduction fi.om the maximum of 11.5 psi
currently allowed by regulation. Local gasoline suppliers are committed to continue
voluntarily providing gasoline having maximum vapor pressure of 9 psi in October.
Calculations were performed as part of the 1998 Emissions Inventory project that this
effort combined with the voluntary use of Stage I Vapor Recovery result in an annual
reduction of nearly 1,800 tons of volatile organic compound emissions.
Smoking vehicles are being addressed through the use of mobile tailpipe emissions
monitoring equipment and car care clinics. On two occasions, the University of Denver
deployed its Smart Sign emissions information system in Corpus Christi. The results
showed that a small number of cars and tracks produce a large portion of the total amount
of tailpipe emissions from all vehicles sampled. A car care clinic in connection with the
Smart Sign system proved popular with participants, as automotive mechanics provided
free advice to those with poor tailpipe emissions. Detailed results of the two Smart Sign
projects are included in Appendix 7. Continued use of the Smart Sign system on a
periodic basis will promote tune-ups and repairs for smoking vehicles.
The use of alternative fuels has been encouraged with the assistance of the Clean Cities
Program of the U.S. Department of Energy. The City of Corpus Christi, which operates a
consumers' natural gas distribution system, has committed to implement the following
measures to promote the use of compressed natural gas as an alternative fuel for vehicles:
· The first public fueling station for compressed natural gas located at 4225 South
Port Avenue was constructed and placed into operation in 2001.
· A compressed natural gas fueling station is being installed at the Corpus Christi
International Airport as part of a five-year plan to convert airport service vehicles
to use alternative fuels.
· A third compressed natural gas fueling facility is planned at the City's
Maintenance Service Center located at the intersection of Ayers and Civitan
Streets.
Local propane dealers and one local Ford Dealership have actively promoted retail sale
and use of propane for vehicle fuel. One of the propane dealers has installed a consumer
accessible fueling station with 24-hour, card reader availability. The Ford Dealership
15
utilizes a pick-up truck with dual fuel capability to market the concept at various
agricultural shows and exhibits.
The Corpus Christi Regional Transit Authority has aggressively pursued strategies to
utilize clean fuels, and currently has 64 vehicles operating on liquified petroleum gas or
low sulfur diesel, certified as low emissions vehicles or ultra-low emissions vehicles by
EPA. Four buses are being built with catalytic after-treatment to be fueled on low sulfur
diesel, and will be certified as low emissions vehicles. Over the next four years, 47
vehicles will be replaced with vehicles certified as low emissions vehicles.
The Corpus Christi Independent School District is utilizing low sulfur diesel for fleet
operations.
The Corpus Christi Air Quality Committee will promote the use of altemative fuels by
operators of dual fuel vehicles to the maximum extent practicable.
New legislation. The Texas Legislature adopted significant legislation in 1999 and 2001
affecting air emissions in the Corpus Christi urban airshed.
Senate Bill 7 adopted in 1999 requires grandfathered electric utility generating units to
obtain a permit to reduce emissions of nitrogen oxides and, for coal fired units sulfur
dioxide. Senate Bill 766 adopted in 1999 created the Voluntary Emissions Reduction
Permit program for grandfathered sources of air emissions in Texas. This is a voluntary
program intended to encourage grandfathered sources to obtain a permit and reduce air
emissions. House Bill 2912 adopted in 2001 phases out the grandfathered privileges of
older industrial point sources, requiring all grandfathered facilities in the Corpus Christi
urban aimhed and the rest of eastern Texas to apply for a permit or shut down by
September 1, 2003. The TNRCC has begun the rule making process to implement House
Bill 2912.
Senate Bill 5 adopted in 2001 created the Texas Emissions Reduction Plan to provide
grants and other incentives for improving air quality throughout the state. The plan is
being administered by the TNRCC, in cooperation with the following participants: the
Texas Emissions Reduction Plan Advisory Board, the Public Utility Commission of
Texas, the Comptroller of Public Accounts, the Texas Department of Transportation, the
Energy Systems Laboratory of Texas A&M University, the Texas Council of
Environmental Technology, and the State Energy Conservation Office. The plan will be
implemented in the Corpus Christi urban airshed, as funds are made available to
accomplish the following:
· Provide funding for cleaner on- and off-road engines.
· Provide funding for energy efficiency programs.
· Provide funding for cleaner fuels and other infi'astructure programs.
· Provide funding for research and development of new technologies.
16
Replace rules that would have restricted operation of construction equipment and
also would have required early purchase of cleaner off-road diesel equipment in
certain counties in Texas.
New Regulations. The TNRCC has adopted new regulations affecting emissions in the
Corpus Christi urban airshed as follows:
1. On June 30, 1999 rules were adopted requiring cleaner bum'lng gasoline and stage I
gasoline vapor recovery for larger retail outlets in counties along and east ofi-35 and 1-
37, including Nueces and San Patricio. According to the rules, the fuel must have a Reid
vapor pressure of 7.8 psi May 1 through October 1 beginning in 2000. Also the fuel will
be required to have reduced sulfur content beginning January 1, 2004.
2. On December 6, 2000 rules were adopted as part of the state implementation plan
primarily targeting the Houston-Galveston area, but also affecting other parts of the state.
a. The rules require cleaner diesel fuel on an accelerated schedule for all on-road sales
statewide and for all on-road and non-road sales along and east ofi-35 and 1-37,
including Nueces and San Patricio Counties. The same diesel fuel specifications as the
federal regulations require for 2006 will be implemented one year earlier.
b. The rules require manufacturers to certify large spark-ignition engines to meet
California standards, except for agriculture and construction equipment less than 175 bp,
recreational equipment, stationary engines, marine vessels, and equipment on tracks.
CONTINGENCY MEASURES. The following voluntary measures are expected to be
sufficient to prevent additional exceedances or violations of the one-hour ozone standard,
but if exceedances or violations occur, then the region will be expected to voluntarily
implement some control measures that may be required in nonattainment areas in
addition to other control measures the community may select.
Definitions. For the purpose of this agreement, exceedance and violation are defined as
follows:
Exceedance: A daily maximum one-hour average exceeding 0.12 parts per
million.
Violation: The fourth occurrence of a daily maximum one-hour average
exceeding 0.12 parts per million in a period of three consecutive calendar years.
Exceedances. If there is deterioration in air quality evidenced by occurrence of
exceedances, then the cause of the exceedance will be evaluated. Additional voluntary
control measures will be implemented. The Air Quality Committee will review and
select from the list of available control measures one or more additional voluntary control
measures which will prevent future violations, implement the measures within ten days,
17
and report to TNRCC and EPA within ten days that such control measures will be
implemented as appropriate.
1. If an exceedance occurs, then the cause of the exceedance will be evaluated.
One or more of the following additional voluntary control measures will be
implemented:
Substantially increase the number of businesses notified on Ozone
Action Days.
Implementation: CityofCorpus Christi.
Increase the number of public announcements about ozone.
Implementation: City of Corpus Christi and Texas A&M
University-Corpus Christi's Pollution Prevention Partnership.
Post air quality information on business signs and marquees.
Implementation: Corpus Christi Chamber of Commerce
Set up an ozone hotline.
Implementation: CityofCorpus Christi.
Implement an employee commute options awareness program for
businesses with twenty-five or more employees, including
telecommuting, car-pooling, and trip reduction.
Implementation: Corpus Christi Regional Transportation
Authority and Corpus Christi Chamber of Commerce.
Promote participation in Texas A&M University-Corpus Christi's
small business Pollution Prevention Partnership by additional
business sectors.
Implementation: Texas A&M University-Corpus Christi and
Corpus Christi Chamber of Commerce.
Expand the provision of bus service to special events.
Implementation: Corpus Christi Regional Transportation
Authority.
Incorporate in public purchasing and construction contracts
incentives for vendors and contractors to use the various benefits
of the Senate Bill 5 Texas Emissions Reduction Plan.
Implementation: Local government agencies.
Any other measure identified through the program of scientific
research described in "Planning Measures" consisting of
inventorying emissions, monitoring ozone levels, assessing relative
effectiveness of control strategies, and evaluating specific control
strategies that will significantly affect ozone levels.
2. On the occasion ora second or subsequent exceedance, then the cause of the
exceedance will be evaluated. One or more additional voluntary control measures
will be implemented.
Violations. If there is a deterioration of air quality as evidenced by recorded violations of
the one-hour ozone standard, then the cause of the violations will be evaluated and
18
additional control measures needed will be identified. Within sixty days of a violation of
the one-hour ozone standard, the Air Quality Committee will:
(1) Review and evaluate control measures currently being used and the
monitoring results through an open, participative process;
(2) Review modeling to evaluate the results of photochemical simulation of select
emissions control strategies, and identify measures through the program of
scientific research described in "Planning Measures" consisting of
inventorying emissions, monitoring ozone levels, assessing relative
effectiveness of control strategies, and evaluating specific control strategies
that will significantly affect ozone levels; and
(3) Develop a recommendation to implement one or more additional control
measures, in consultation with the TNRCC and the EPA, for consideration by
the Corpus Christi City Council, Nueces and San Patricio County
Commissioners Courts, the Regional Transportation Authority, and the Port of
Corpus Christi.
Upon approval by these local interests, the recommendation will be forwarded within
fifteen (15) days to TNRCC and EPA requesting that such control measures are made
enforceable as appropriate.
1. Ifa violation occurs, the City of Corpus Christi will request TNRCC to:
a. Prepare and submit an updated emissions inventory to EPA within two
years; and
b. Amend, within one year of the recommendation being sent to the State
and EPA, the State implementation Plan to enforce one or more of the
following additional control measures:
(1) A regulation, which establishes a maximum Reid vapor
pressure of gasoline of 9 psi in the month of October each year;
(2) Mandatory implementation of vapor recovery and control
systems at marine tank ship and barge loading facilities for
products having vapor pressure greater than 0.5 psi, where
technically feasible;
(3) Mandatory implementation of stage one vapor recovery
systems at all gasoline retail outlets (current regulations only apply
to the larger outlets);
(4) Mandatory vehicle inspection and maintenance, including one
or more of the following elements:
· Two-speed idle emissions test
· On-board diagnostic system
· Dynamometer test
· Remote sensing program
(5) Deployment of a mobile emissions monitor to detect tailpipe
emissions, and promotion of tune-ups for high polluting vehicles.
(6) Implementation of mandatory fugitive volatile organic
compound emissions control for valves and flanges at the leak
detection level of 500 parts per million.
19
(7) Additional generally accepted nitrogen oxides reductions or
controls for point sources to levels predicted by local modeling
necessary to achieve the 1-hour ozone standard.
(8) Incentives to encourage accelerated turnover of vehicle fleets.
(9) Early introduction of lower sulfur gasoline and diesel fuels.
(10) Any other measure identified through the program of
scientific research described in "Planning Measures" consisting of
inventorying emissions, monitoring ozone levels, assessing relative
effectiveness of control strategies, and evaluating specific control
strategies that will significantly affect ozone levels.
Implementation of selected enfomeable control measures will proceed in a
timely manner as to effect reductions in ozone precursors as soon as
practicable. Following complete implementation of selected enforceable
control measures, a period of one year will be granted to evaluate the
effectiveness of selected measures. No additional enforceable measures will
be required during the one-year evaluation period. During the evaluation
period, an updated emissions invento~ry will be incorporated into the program
of scientific research described in "Planning Measures" to provide updated
assessments of the relative effectiveness of control strategies, and ongoing
evaluations of specific control strategies, including the selected enforceable
control measures.
If after the measures in item 1 above have been implemented and if another
violation occurs following the evaluation period, then the City of Corpus
Christi will request TNRCC to amend the State Implementation Plan to
enforce one or more of the following additional control measures:
a. A regulation that reduces the maximum allowable Reid vapor pressure of
gasoline during selected months of the ozone season.
b. A regulation that requires stage two vapor recovery at retail gasoline
outlets.
c. Any other measure identified through the program of scientific research
described in "Planning Measures" using the updated emissions inventory
that will significantly affect ozone levels, which the Air Quality
Committee recommends and the City Council approves for submittal to
the TNRCC and the EPA.
ANNUAL REVIEW. During the term of this agreement the Air Quality Conunittee will
voluntarily continue meeting to oversee the program of scientific research described in
"Planning Measures" and to monitor progress. On an annual basis, the Air Quality
Committee during November through March will assess the effectiveness of voluntary or
mandatory control measures in conjunction with improved technical understanding of the
ozone problem. As part of the annual review the Committee will consult with TNRCC
and EPA to consider whether to recommend any mid-course corrections to the action
plan.
2O
Corpus Christi Urban Airshed Memorandum of Agreement
This Memorandum of Agreement (MOA) is between the local governments representing
Nueces and San Patricio counties, the Port of Corpus Christi Authority, the Regional
Transportation Authority, and the City of Corpus Christi (herein after referred to as the
local governments), the Texas Natural Resource Conservation Commission (TNRCC),
and the United States Environmental Protection Agency (EPA) for the purpose of
reducing ground-level ozone concentrations in the Corpus Christi Urban Airshed
(Airshed) using locally selected control measures that account for the unique character of
the region and accommodate the region's social and economic needs.
This agreement emphasizes local flexibility in selecting and implementing emissions
reduction measures. Given the varied emissions contributions and socioeconomic
characteristics of the entities in the Airshed, not all measures can or should be
implemented by all entities. Rather, each entity will implement the measures that work
for its specific jurisdiction and, when added together, work for the region as a whole.
I. General Provisions
A. The signatory parties commit to develop, implement and maintain the 03 Flex
Agreement according to EPA 03 Flex Guidelines issued June 21, 2001 and
adhere to all terms and conditions stated in the guidelines.
Il. EPA and TNRCC Responsibilities
A. The EPA 03 Flex Guidelines state that" by developing, signing and
maintaining such an agreement, a specific area would remain designated
attainment for the 1-hour ozone standard for a limited period of years, as long as
the control measures in the agreement are being implemented." EPA agrees to
defer redesignation of the Airshed to non-attainment for the 1-hour ozone
standard for the duration of this agreement, even if a violation occurs, as long as
the control strategies are being implemented.
B. The signatories' intent in entering into the 03 Flex Agreement is to proactively
implement and sustain air quality improvement strategies that are tailored to local
conditions and are effective, practical and measurable in reducing ground-level
ozone concentrations. The Agreement should in no way be construed as a
strategy to avoid or to defer a non-attainment designation under the 8-hour ozone
standard. However, signatories urge EPA to adopt a policy of quickly restoring
attainment status to areas that come into expedited compliance with the 8-hour
standard as a result of an 03 Flex Agreement.
C. The EPA 03 Flex Guidelines also indicate that "In developing an
implementation plan for the 8-hour NAAQS, EPA intends to propose streamlined
requirements for areas that have chosen on a voluntary basis to implement
measures to reduce ozone levels, such as those areas that enter into O3Flex
21
Memoranda of Agreement (MOA)" and further states that "EPA plans to provide
implementation options that recognize the efforts of areas that voluntarily achieve
near-term emission reductions". Therefore, EPA and TNRCC commit to
informing the Air Quality Committee of all available options and flexibility, to
the extent allowed by the Federal Clean Air Act, in the event that the area, or any
portion of the area, is determined to be nonattainment for the 8-hour ozone
standard for the duration of this agreement.
D. Attachment B of the EPA 03 Flex Guidelines indicates that "EPA will allow
these elective emission reductions to be credited for any future SIP that may be
required". EPA will, consistent with the Federal Clean Air Act, do all it can do to
allow the Airshed appropriate SIP credit for strategies implemented under the
terms of this Agreement.
E The MOA's terms do not abrogate any state or federal legal requirement.
The TNRCC and the EPA enters this MOA solely for the purpose of their
responsibilities under Section 107(d)(3)(A) through (D) of the Federal Clean Air
Act.
III. Local Government Responsibilities
As specified in the EPA 03 Flex Guidelines, the 03 Flex Agreement
developed by the Air Quality Committee contains an introduction and sections
describing the region's background, action plan, other potential measures,
contingency measures, coordination and public participation process,
schedules and reporting mechanism. These sections and associated
appendices further define the local governments and participating entities
commitments and actions.
The local interests will continue to conduct air dispersion modeling and
design through the Corpus Christi Air Quality committee with funding
provided by the Texas Legislature through the TNRCC.
C. The Air Quality Committee will continue to develop and regularly update area
emissions inventories with funding from the Legislature through the TNRCC.
D. The Air Quality Committee will implement contingency measure(s) that will
be effective if a violation of the 1-hour ozone standard occurs.
1. The contingency measure(s) will be selected from those listed in the
"Contingency Measures" section of this document within 60 days of the
date of the 1-hour ozone standard violation. The selected measure(s) will
be submitted to TNRCC within 15 days of the date of selection by the
signatory parties for adoption into the SIP.
22
2. The selected contingency measure(s) will be implemented within one
year of the date of violation.
IV. Expected Agreement Duration
A. The signature date of the Corpus Christi O3 Flex MOA is the start date of the
agreement's term. This agreement remains in effect until December 31, 2007.
Conditions for Modificafion or Early Termination
A. This agreement may be modified or terminated by mutual consent of all
signatory parties.
B. Any signatory party may withdraw from the agreement if provisions of the
agreement are not carried out by the other signatory parties.
This agreement may be modified at any time. It may also serve regional
efforts to meet the Clean Air Act requirements, as appropriate, when the 8-
hour ozone guidance is issued.
Failure to abide by the terms of the agreement, should violation of the 1-hour
standard occur, could lead to redesignation as nonattainment for the 1-hour
standard.
VI. Additional Terms of This Agreement
A. This MOA creates no cause of action against any party beyond those, if any,
that may already exist under state or federal law. In addition, all parties agree
that this MOA cannot be used against one another or by a third party as an
enfomeable order in any court proceedings. This MOA will be reviewed and
modified as needed.
23
Executed in multiple copies by the signatory parties to this Memorandum of Agreement.
The representatives of the signatory parties executing this Agreement represent their
authority to sign the Agreement and to bind the signatory party they represent to the
terms of this Agreement.
City of Corpus Christi
By:. Approved by City Attorney:_
Date: Date:
Nueces County
By:.
Date:
San l'atricio County
By:.
Date:
Port of Corpus Christi Authority
By:.
Date:
Corpus Christi Regional Transportation Authority
By:.
Date:
Texas Natural Resource Conservation Commission
By:
Date:
U.S. Environmental Protection Agency
By:
Date:
24
RESOLUTION
AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM
OF AGREEMENT WITH THE U.S. ENVIRONMENTAL PROTECTION
AGENCY AND THE TEXAS NATURAL RESOURCE CONSERVATION
COMMISSION PROVIDING FOR THE IMPLEMENTATION OF
LOCALLY DEFINED EMISSION CONTROL PROGRAMS SHOULD THE
ONE-HOUR FEDERAL OZONE STANDARD BE VIOLATED IN LIEU OF
IMMEDIATE REDESIGNATION TO NON-ATTAINMENT.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION t. The City Manager is authorized to execute a Memorandum of Agreement
with the U.S. Environmental Protection Agency and the Texas Natural Resource
Conservation Commission providing for the implementation of locally defined emission
control programs should the one-hour Federal ozone standard be violated in lieu of
immediate redesignation to non-attainment.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: 23rd day of May, 2002.
James R. Bray Jr.
City Attorney
By: R. J~ining /
First Assistant City Attorney
Samuel L. Neal, Jr.
Mayor
R23812A1
21
AGENDA MEMORANDUM
DATE: May 28, 2002
SUBJECT: Professional Services Agreement - Arena Naming Rights - Project No. 4236
AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a
contract for professional services with WRCHowell, Inc, of Cleveland, Ohio (d.b.a. SFMG)
for a fee of $45,000 plus expenses and a commission not to exceed seven percent (7.0%)
of the Gross Revenue generated from any Naming Rights Agreement entered into by City.
ISSUE: Naming Rights will be a significant revenue stream for the new Multipurpose
Arena. Professional assistance is required to ensure the revenue stream is maximized and
the facility name is compatible with the community.
FUNDING: Funds are available from the~FY2001-02 Arena Facility.
RECOMMENDATION: Approval of the ordinance and motion as presented.
~ager
Attachments:
Exhibit A - Additional Information
Exhibit B ~ Contract Summary
H:\HOME\KEVINS\GEN~ARENA\NAMINGRIGHTS~AWDSFMGMEMO.DOC
ADDITIONAL INFORMATION
SUBJECT: Professional Services Agreement - Arena Naming Rights - Project No. 4236
BACKGROUND: Construction documents for the new Multipurpose Arena are in final preparation.
It is anticipated that construction will begin during November 2002. Arena naming rights constitute
a major revenue source for facilities of this type. The marketing of naming rights is a specialized
function that is performed by several national firms.
Staff review indicates that parties interested in purchasing naming rights receive value during the
pre-opening and construction phase of the project. Additionally, there is generally greater interest
in purchasing naming rights for a new facility. Existing facilities present a known commodity that
in some instances generate a less competitive atmosphere regarding naming rights.
A request for proposals (RFP) was released to five national firms that are actively engaged in the
marketing of naming rights. Sports Facilities Marketing Group (SFMG) and Front Row Marketing
submitted a response to the City's request for proposals. The proposals were reviewed by
Conventional Wisdom that is a subconsultant to the City's project manager. Both firms are
experienced in the sale of naming rights and are capable of performing the requested services.
The firms were interviewed locally by the selection team composed of four staff members.
Sports Facilities Marketing Group (SFMG) was deemed to offer the City the best value in terms of
services. The contract as negotiated provides for a lower total fee (with commission) than
proposed by Front Row Marketing.
FUTURE COUNCIL ACTIONS:
1. Award of an Arena Naming Rights agreement.
2. Authorization to pay SFMG the commission as set forth in the agreement based on the
amount of the ten-year gross revenue set forth in the Arena Naming Rights agreement.
CONTRACT SUMMARY/FEE: SFMG has agreed to provide services at a rate of $5,000 a month
for nine months for a not to exceed fee of $45,000 plus expenses. Payment for expenses will be
based on actual expenses incurred and are capped to not exceed $68,500. The commission will
be based on the ten year gross revenue received through the Naming Rights Agreement. The
commission rate varies by the gross revenue realized. The commission rate is set forth in the
following table.
Commission on Ten Year Gross Revenue
First $1,000,000 0.0%
Second $1,000,000 5.0%
Amounts over $2,000,000 7.0%
The contract summary is attached. See Exhibit B.
\\ENGiN EERING~DATAI\HOM E~KEVlNS\GEN~Arena\NamingRights~,wdSFMGBkgExhA.doc
EXHIBIT "A" 1
Page 1 of 1
SUMMARY OF NAMING RIGHTS MARKETING AGREEMENT
This Naming Rights Marketing Agreement ("Agreement") is entered into effective as of
June 1, 2002, by and between the City of Corpus Christi, Texas ("City") and WRCHowelI, Inc.,
an Ohio corporation, doing business as Sports Facilities Marketing Group ("SFMG").
Services of Consultant
A. Exclusive Representative. During the Term hereof (as defined in Section 2
below), SFMG will formulate a marketing program for City and will act as City's sole and
exclusive representative for marketing of the naming rights for the Arena.
The marketing services provided under this Agreement shall be referred to as the
"Naming Rights Marketing Program." City may not sell, assign, transfer, grant or license to any
other party the exclusive rights granted to SFMG hereunder.
B. Office and Staffinq. SFMG shall determine, in its sole discretion, the staffing and
personnel required for providing marketing services hereunder. SFMG representatives Harry
C. ("Hamp") Howell, III, Bill Lavelle, Ben Wrigley and Eric Sulzer and such other SFMG
representatives, upon the consent of City, if necessary due to their unavailability, will manage
the services 3rovided hereunder.
C. Contract Administration. SFMG shall market the naming rights for the Arena in a
manner consistent with the Naming Rights Marketing Program. City and the purchaser of the
Arena naming rights shall enter into a Naming Rights Agreement. City shall retain ultimate
authority to enter into such Naming Rights Agreement. City shall use reasonable and good
faith efforts to enter into a Naming Rights Agreement with potential naming rights purchasers
targeted by SFMG. SFMG will oversee all contact with potential purchasers necessary to
complete the execution of the Naming Rights Agreement; however, City hereby acknowledges
and agrees that SFMG is not guaranteeing any level of purchase of, or the receipt of payment
for, any naming rights marketed by SFMG pursuant to this Agreement, City will be responsible
for all invoicing to the purchaser for payments due under the Naming Rights Agreement.
D. Scope of Services. The scope of services to be provided by SFMG hereunder
are more particularly described on Exhibit A hereto.
Payments.
A. Base Fee. For the Term of this Agreement, City shall pay SFMG a monthly fee (the
"Base Fee") of $5,000 per month for a total of nine (9) months for a not to exceed total Base
Fee of $45,000.
B. Expenses. In addition to the Base Fee, City shall reimburse SFMG for out-of-
pocket expenses actually incurred by SFMG during the Term hereof on a monthly basis.
Expenses include Database Development, Printed Materials, Presentation Materials,
Promotions/Public Relations and Travel and Entertainment. The City will reimburse in an
amount not to exceed $68,500. Any expense in excess of $68,500 will be reimbursed by the
City only if expressly approved as an amendment in writing to this agreement.
Exhibit B
Page 1 of 3
H:\HOM E\KEVINS\GEN~Arena\NamingRights~AwdS FMGExh B,doc
C. Commission. City will pay a Commission to SFMG in the amount as set forth in
the Table C.1 - Commission Schedule of the Gross Revenue generated from the first ten (10)
years of any Naming Rights Agreement ("Commission'') entered into by City and the purchaser
of the naming rights to the Arena.
Table C.1 - Commission Schedule
Commission on Ten Year Gross Revenue
First $1,000,000 0.0%
Second $1,000,000
5.0%
Amounts over $2,000,000 7.0%
It is contemplated that Sponsor Benefits may include, but not necessarily limited to:
Premium Seating (suite(s), club seating);
Tickets to Texas A&M Corpus Christi basketball games;
Tickets to Corpus Christi Ice Rays games;
Tickets to other Arena events;
Advertising;
Internal and external signage;
Productions costs; and
Other benefits.
Gross Revenue shall also include cash or the fair market value of in-kind contributions received
or to be received by City in exchange for any naming rights granted by City.
D. The Commission will be paid within thirty (30) days of execution of a Naming
Rights Agreement irrespective of the date of collection of any revenue generated as a result of
the Naming Rights Agreement.
EXHIBIT A
Scope of Services
On behalf of City, SFMG will conduct a turnkey Naming Rights Marketing Program for
the Arena, including the following elements:
a. Marketing Plan - Develop comprehensive marketing plan and targeted
sales strategy for the new Corpus Christi Arena Naming Rights, in conjunction with the
City of Corpus Christi, the Texas A&M Corpus Christi basketball program, and the
Corpus Christi Ice Rays Hockey Team.'
prospects.
Database Development - Build prioritized database of Naming Rights
Exhibit B
Page 2 of 3 ]
c. Pdcinq/Packaqinq - Provide recommendations for Naming Rights pricing
and packaging, including full assessment of available internal and external inventory and
hospitality elements.
d. Promotion/Public Relations - Develop targeted plan to support Naming
Rights Marketing Program.
e. Printed Collateral - Work with the City of Corpus Christi, the Texas A&M
Corpus Christi basketball program, and the Corpus Christi Ice Rays Hockey Team on
updated Naming Rights sales materials.
f. Presentation Materials - Develop computer and/or agudio-visual
presentation(s).
g. Staffinq - Provide SFMG principals to direct the new Corpus Christi Arena
Naming Rights Marketing Program, to be assisted as required by the City of Corpus
Christi, the Texas A&M Corpus Christi basketball program, and the Corpus Christi Ice
Rays Hockey Team staff.
h. Sales Execution - Execute Naming Rights Marketing Program, including
all elements listed herein, as required to achieve Naming Rights revenue objective.
i. Reportinq - Provide ongoing City interface and generation of reports
required to keep City informed of progress in Naming Rights Marketing Program.
process.
Contract Administration - Assist with management of contract execution
k. Customer Service - Coordinate program, in conjunction with the City of
Corpus Christ, to keep Naming Rights purchaser informed, involved and satisfied with
their pumhase.
Exhibit B
Page 3 of 3 I
22
CITY COUNCIL
AGENDA MEMORANDUM
May 16, 2002
AGENDA ITEM:
A motion approving the selection of Financial Advisor Coastal Securities; Co-
Underwriters M. E. Allison and Company and Dain Rauscher; and Bond Counsel,
McCall Parkhurst for Packery Channel.
ISSUE:
On April 7, 2001, citizens approved the Packery Channel measure which called for
the creation of a tax increment finance district that will be financed by issuance of
bonds to pay for the City's share of the Packery Channel project. The tax increment
finance district will set aside future increases in property taxes within the district to
pay off the bonds.
FUNDING SOURCE:
The financial advisory, underwriting, and bond counsel fees and other expenses will
be paid from gross bond proceeds when the bonds are issued.
REQUIRED COUNCIL ACTION:
Council approval is required to select the financing team.
PREVIOUS COUNCIL ACTION:
April 7, 2002 - General Election
April 14, 2002 - Canvassed returns and declared election results
FUTURE COUNCIL ACTION:
Additional Council action will be required to complete the bond sale, including
approval of bond ordinances.
CONCLUSION AND RECOMMENDATION:
I recommend the selection of the above financing team based on their experience
with similar financing and their knowledge of the City of Corpus Christi. Council
approval is required to proceed with the financing plan.
Lee Ann Dumbauld
Director of Financial Services
BACKGROUNDINFORMATION
On April 7, 2001, citizens approved the Packery Channel measure which called for the creation of
a tax increment finance district that will be financed by issuance of bonds to pay for the City's share
of the Packery Channel project. The tax increment finance district will set aside future increases in
property taxes within the district to pay off the bonds.
Coastal Securities is recommended as Financial Advisor. Coastal Securities is currently one of the
£mancial advisors for the City of San Antonio and has served as Financial Advisor and Underwriter
for the City of Houston on various proposed economic development projects. The finn has
extensive knowledge on marketing unique bond projects.
M. E. Allison & Co., is recommended as Co-Underwriter. M.E. Allison has been the financial
advisor for the City of Corpus Christi on various economic development projects as well as other
issues. The finn also underwrites bonds and has been attempting to identify potential buyers for a
private placement bond sale. The finn has extensive knowledge on various bond projects.
Dain Rauscher is recommended as the Co-Underwriter. Dain Rauscher has been an active financing
resource to the City in developing financing structures on previous bond issues. The finn, being
located in Houston, has privy to current and up-to-date discussions regarding economic development,
revenue, general obligation, and special debt financing.
The Bond Counsel was recommended to the financing team by Jimmy Bray, City Attorney. Jeffrey
Leuschel of McCall, Parkhurst, & Horton will represent the City as bond counsel.
23
CITY COUNCIL
AGENDA MEMORANDUM
City Council Meeting - May 28, 2002
AGENDA ITEM:
Motion to approve the South Guth Park Master Plan Project as presented.
ISSUE:
The Pharoah Valley Neighborhood Association (PVNA), the Oso Pony Baseball
League, the National Little League and the Oso Little Miss Kickball League are
interested in an effort to promote the adoption of a new master plan project for
South Guth Park.
BACKGROUND:
This group of organizations has been working on a proposal for a new master
plan project for South Guth Park, the existing neighborhood park that also serves
as an area athletic park. The Park and Recreation Advisory Committee
considered and endorsed this project at their May 8, 2002 meeting. The
Committee recommends that the City Council endorse and approve the master
plan proposal as outlined by this group and allow them to proceed with this
project in seeking funding for the ongoing implementation of the project.
The PVNA and the youth leagues recognize that while funding is not in place at
this time to fund the construction of all the desired improvements, they can still
seek opportunities to improve some of their areas within the available resources.
REQUIRED COUNCIL ACTION:
The City Council must approve any master plan projects that involve City parks.
STAFF RECOMMENDATION:
Staff recommends that the master plan project for South Guth Park be approved
as presented.
Exhibits X
Marco A. Cisneros, Director
Park and Recreation Department
t
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I
CITY COUNCIL
AGENDA MEMORANDUM
I I
May 28, 2002
AGENDA ITEM:
Discussion and possible consideration of lease negotiations between the City of
Corpus Christi and Landlord Resources, Inc. on the South Wharf Project.
ISSUE:
Last year, Leon Loeb of Landlord Resources, Inc. proposed to undertake the South Wharf
Project. That project called for the creation of approximately 4 acres in the south basin of
the Marina adjacent to Shoreline (generally across the breakwater from Magee Beach).
On this property, LLR would develop a mixed-use project including approximately 160,000
square feet of shops, restaurants, offices and apartments plus a number of boat slips and
water-oriented amenities. Because the bulk of the property is under water, this project
would require voter approval or be limited to a 5-year lease.
Since late last year, staff has been negotiating with Mr. Loeb on the terms of a lease
agreement. Mr. Loeb has set a deadline of the end of May for resolution of this process
in order to conduct an information campaign for a November 2002 election. Over the last
several weeks, a great deal of progress has been made but it appears that the discussion
have reached an impasse. This discussion will outline the major business issues and
items in dispute.
CONCLUSION AND RECOMMENDATION:
Council approval of staffs recommendation regarding lease terms between the City of
Corpus Christi and Landlord Resources, Inc., on the South Wharf Project. Staff believes
that its position represents a fair offer in the negotiations. Mr. Loeb's requests represent
a payment by the City for costs that are normally borne by the developer.
Deputy City Manager
South Wharf Lease Issues
1. Term
LLR Request: 60 years
Staff Position: 40 years
2. Lease Rate
LLR proposal
1
2
3
4
5
6
7
8
9
10
11
12
13
$12,000
$30,000
$60,000 vs. 2% of rent less taxes and insurance
$90,000 x CPi (max 3) vs. 2% of rent less taxes, insurance, and all pass-throughs
Staff Position
Same except 2% of rent less taxes and insurance
3. Utilities Extension and Connection
LLR Request - City to pay all cost of extension; no payment for taps and connection fees
Staff Position: - LLR to pay cost of extension, taps and all fees in accordance with
regular city
Policy.
4. Parking
LLR Request:
· City to provide 480 Spaces from Coliseum lot(open, public, charge or not)
· City to use best efforts to move Buccaneer Days Carnival
· If property redeveloped, City to replace 480 spaces within 800 feet of project
City Position:
Same except City to use best efforts to relocate in the event of redevelopment
5. Traffic
LLR Request: City to provide traffic control including signal.
Staff Position: Signal to be warranted and to be at developer's cost
6. Planning Issues
LLR Request: City to support a number of planning and zoning variances.
City Position: LLR to work through normal process.
Notes and Comments'