HomeMy WebLinkAboutAgenda Packet City Council - 08/20/2002CITY
COUNCIL
AGENDA
"Corpus Christi Celebrating 150 Years"
August 20, 2002
1:45 p.m.
Certificate of Commendation for Galen Hoffstadt, Texas' 2002 National Distinguished Elementary
Prinicipal
Certificates of Commendation for the Boy Scouts of America Karankawa Lodge #307 for their
performance at the 2002 National Order of the Arrow Conference
Presentation to the City of Corpus Christi Weed & Seed Staff and Volunteers by Attorney General
Michael T. Shelby for their Outstanding Performance for the 2002 Drug Education for Youth
Camp Phase 1
AGENDA
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD
AUGUST 20, 2002
12:00 P.M.
PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE
PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL.
Members of the audience will be provided an opportunity to address the Council at approximately 5:30 p.m. or at the end
of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name
and address. 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 dirigirse al Concilio y cree que su ingl~s es limitado, habr~ un int&rprete ingl&s-espaflol en todas las juntas del
Concilio para ayudarle.
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to
contact the City Secretary's office (at 361-880-3105) at least 48 hours in advance so that appropriate arrangements can be
made.
A. Mayor Samuel L. Neal, Jr. to call the meeting to order.
B. Invocation to be given by Reverend E.F. Bennett.
C. Pledge of Allegiance to the Flag of the United States.
D. City Secretary Armando Chapa to call the roll of the required Charter Officers.
Mayor Samuel L. Neal, Jr.
Mayor Pro Tem Mark Scott
Council Members:
Brent Chesney
Javier D. Colmenero
Henry Garrett
Bill Kelly
Rex A. Kinnison
John Longoria
Jesse Noyola
City Manager David R. Gamia
City Attorney James R. Bray, Jr.__
City Secretary Armando Chapa __
Agenda
Regular Council Meeting
August20,2002
Page 2
Fe
MINUTES:
Approval of Regular Meeting of July 23, 2002 and Special
Meeting of August 1, 2002. (Attachment # 1)
EXECUTIVE SESSION:
PUBLIC NOTICE is given that the City Council may elect to go into
executive session at any time during the meeting in order to discuss
any matters listed on the agenda, when authorized by the provisions of
the Open Meeting Act, Chapter 551 of the Texas Government Code,
and that the City Council specifically expects to go into executive
session on the following matters. In the event the Council elects to go
into executive session regarding an agenda item, the section or
sections of the Open Meetings Act authorizing the executive session
will be publicly announced by the presiding office.
Executive session pursuant to Texas Government Code Sections
551.071 and 551.087 regarding financial or other incentives to
businesses that seeks to have locate, stay, or expand in the
industrial district area outside the city limits, with possible
discussion and action related thereto in open session.
Executive session pursuant to Texas Government Code Section
551.071 regarding City of San Benito v. PG&E Gas Transmission,
Texas Corporation et al, No. 96-12-7404-A, 107t~ District Court,
Cameron County, Texas, and the remaining claim of the City of
Corpus Christi related thereto, and regarding similar claims of the
City of Corpus Christi against other similar entities, 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 acquisition and
development of a site for a minor league baseball stadium in the
Arena/Convention Center/Port of Corpus Christi area, location of
a professional baseball franchise in the facility, and possible real
estate agreements with the Port of Corpus Christi Authority and
RSR Sports implementing the stadium, with possible discussion
and action related thereto in open session.
Executive session pursuant to Texas Government Code Sections
551.071 and 551.072 regarding the Landry's Project in the
Corpus Christi Madna, with possible discussion and action related
thereto in open session.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
August 20, 2002
Page 3
Executive session pursuant to Texas Government Code Section
551.071 regarding Jon Harwood et al v. City of Corpus Christi,
No. 00-4149-G, 319th District Court, N ueces County, Texas with
possible discussion and action related thereto in open session.
G. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 7)
Cable Communications Commission
Food Service Advisory Committee
Human Relations Commission
Park and Recreation Advisory Committee
H. 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 two reading ordinance; or may modify the action specified.
A motion to reconsider may be made at this meeting of a vote at the
last regular, or a subsequent special meeting; such agendas are
incorporated herein for reconsideration and action on any reconsidered
item.
CONSENT AGENDA
Notice to the Public
The following items are of a routine or administrative nature. The Council has
been furnished with background and support materfal 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.
CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES
FROM PREVIOUS MEETINGS:
(At this point the Council will vote on all motions, resolutions and ordinances not
removed for individual consideration)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
August20,2002
Page 4
10.
11.
Motion approving a supply agreement for approximately 17,000
tons of pre-coated aggregate in accordance with Bid Invitation
No. BI-0108-02 with Vulcan Construction Materials, LP, of San
Antonio, Texas based on only bid of $416,500. The term of the
contract will be for twelve months with an option to extend for up
to two additional twelve-month periods, subject to the approval of
the supplier and the City Manager or his designee. This material
is used by Street Services. Funds have been budgeted by Street
Services for FY 2002-2003. (Attachment # 8)
Motion approving a supply agreement with Health & Safety
Management, Inc., of Corpus Christi, Texas for the testing of
asbestos in approximately 90 privately held and public structures
in accordance with Bid Invitation No. BI-0116-02, based on Iow bid
for an estimated annual expenditure of $44,010. The term of the
contract will be for twelve months with an option to extend for up
to two additional twelve-month periods subject to the approval of
the supplier and the City Manager or his designee. Funds have
been budgeted in FY2002-2003 by Housing and Community
Development. (Attachment # 9)
Motion approving a supply agreement with Greatstate
Transmissions, of Corpus Christi, Texas for automatic
transmission overhaul and repair service for approximately 163
automobiles and light trucks in accordance with Bid Invitation No.
BI-0097-02, based on Iow bid for an estimated annual
expenditure of $108,100. The term of the contract shall 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
Maintenance Services and the Fire Department in FY 2002-2003.
(Attachment # 10)
Motion approving the purchase of office fumiture from the
following companies for the following amounts in accordance with
Bid Invitation No. BI-0135-02 based on Iow bid and best bid for a
total amount of $43,996.22. The office furniture will be installed
at the new Airport Administration offices of the newly remodeled
Airport Terminal. Funds are available through the Modify
Terminal Building Project Fund. (Attachment # 11 )
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
August20,2002
Page 5
12.
13.
14.
15.
16.
Jones and Cook Stationers
Corpus Christi, Texas
Bid Item 10-12, 14,15, 17-28
$31,381
Corporate Express
Corpus Chdsti, Texas
Bid Items 1-9
$12,615.22
Grand Total: 43,996.22
Motion approving the purchase of holdroom fumiture from
Yochem's Business Interiors, of Corpus Christi, Texas in
accordance with Bid Invitation No. BI-0130-02 based on Iow bid
for a total amount of $189,511.24. The holdroom furniture will be
installed at the new concourse of the newly remodeled airport
terminal. Funds are available through the Modify Terminal
Building Project Fund. (Attachment # 12)
Motion approving the purchase of two hundred twenty (220)
gallons of mosquito insecticide from B&G Chemicals & Equipment
Co., Inc., of Dallas, Texas based on sole source for a total
amount of $63,250. The insecticide will be used by the Vector
Control Division of the Health Department. Funds are available
in the Vector Control Operational Budget in FY 2002-2003.
(Attachment # 13)
Motion authorizing the City Manager or his designee to execute
a 12-month software maintenance agreement with Kronos,
Incorporated, of Waltham, Massachusetts, in an amount not to
exceed $38,844. Included in the maintenance agreement is the
basic software maintenance and depot exchange of time clocks
and associated equipment. Funds are available in the Municipal
Information Systems Operational Budget in FY2002-2003.
(Attachment # 14)
Motion authorizing the City Manager or his designee to execute
a 12-month hardware maintenance agreement with IBM
Corporation, QISV Vendor, in an amount not to exceed
$50,962.53. Included in the maintenance agreement are two IBM
AS/400s. Fund are available in the Municipal Information
Systems Operational Budget in FY2002-2003. (Attachment # 15)
Motion authorizing the City Manager or his designee to execute
a construction contract in an amount not to exceed $38,500 with
AEP/Central Power and Light Company for installation of
streetlights on McKinzie Road between McKinzie Lane to Haven
Road. (Attachment # 16)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
Augu~ 20,2002
Page 6
17.
18.
19.
20.
21.a.
21.b.
22.a.
22.b.
Motion authorizing the City Manager or his designee to execute
a construction contract in the amount not to exceed $27,800 with
AEP/Central Power and Light Company for installation of
streetlights in Annexation Area 2 for Padre Balli Park.
(Attachment # 17)
Motion authorizing the City Manager or his designee to execute
a construction contract in an amount not to exceed $38,000 with
AEP/Central Power and Light Company for installation of
streetlights on Kostoryz Road between S.H. 357 (Saratoga) and
Holly Road. (Attachment # 18)
Ordinance appropriating $4,640 into the No. 3430 Utility Capital
Fund and $13,500 into the Street No. 3530 Street Capital Fund
from a Claim Settlement with Bonding Company for Change
Order No. 2, Omaha Drive Project. (Attachment # 19)
Motion authorizing the appointment of an ad hoc peer panel to
the Arts and Cultural Commission to review applications for the
FY2003 Arts Subgrant Program. (Attachment # 20)
Motion authorizing the City Manager or his designee to accept a
grant in the amount of $10,000 from the State of Texas
Comptroller of Public Accounts for tobacco compliance and
prevention activities. (Attachment # 21)
Ordinance appropriating $10,000 in the No. 1050 Federal/State
Grants Fund from the State of Texas Comptroller of Public
Accounts for tobacco compliance and prevention activities.
(Attachment # 21 )
Motion authorizing the City Manager or his designee to accept a
grant in the amount of $dd9,736 from the Texas Automobile Theft
Prevention Authority (ATPA) to establish a proactive Motor
Vehicle Theft Enforcement Unit in the Police Department and to
execute all related documents. (Attachment # 22)
Ordinance appropriating $dd9,736 from the Texas Automobile
Theft Prevention Authority (ATPA) in the No. 1050 State and
Federal Grants Fund; authorizing the transfer of $22,900 from the
No. 6010 Law Enforcement Trust Fund to, and appropriating
$22,900 in the No. 1050 State and Federal Grants Fund as the
grant match. (Attachment # 22)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
a~enda summary)
Agenda
Regular Council Meeting
Augu~ 20,2002
Page 7
23.a.
23.b.
23.c.
23.d.
23.e.
24.a.
24.b.
Motion authorizing the City Manager or his designee to execute
a contract with the Texas Department of Protective and
Regulatory Services for funding in the amount of $500,674 from
the Community Youth Development Program for the 78415 ZIP
Code for projects as recommended by the Community Youth
Development Steering Committee for Fiscal Year 2002-2003.
(Attachment # 23)
Ordinance appropriating $500,674 from the Texas Department of
Protective and Regulatory Services in the No. 1060 Federal/State
Grants Fund to fund the Community Youth Development Program
in the 78415 ZIP Code for Fiscal Year 2002-2003. (Attachment
# 23)
Motion authorizing the City Manager or his designee to execute
a subcontract with Communities in Schools, Inc. in the amount of
$356,325 to provide services for youth, ages 6 to 17 in the 78415
ZIP Code. (Attachment # 23)
Motion authorizing the City Manager or his designee to execute
a subcontract with the Park and Recreation Department in the
amount of $20,636 to provide services for youth, ages 6 to 17 in
the 78415 ZIP Code. (Attachment # 23)
Motion authorizing the City Manager or his designee to execute
a subcontract with Youth Odyssey, Inc. in the amount of $35,765
to provide services for youth, ages 12 to 17 in the 78415 ZIP
Code. (Attachment # 23)
Motion authorizing the City Manager or his designee to execute
an amendment to the contract with BFI of Texas, L.P., offering a
15% discount off the contract rate when more than 33% of
additional tonnage over the base 150,000 tons is delivered in a
contract year. (Attachment # 24)
Motion authorizing the City Manager or his designee to execute
an amendment to the contract with Captain Hook Inc., offering a
15% discount off the contract rate when more than 33% of
additional tonnage is delivered in a contract year. (Attachment #
24)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
August20,2002
Page 8
24.c.
25.
26.
27.
28.
Motion authorizing the City Manager or his designee to execute
an amendment to the contract with Sixteen Services, Inc., offering
a 15% discount off the contract rate when more than 33% of
additional tonnage is delivered in a contract year. (Attachment #
24)
Second Reading Ordinance - Authorizing the City Manager or his
designee to execute a five-year lease with the Young Men's
Christian Association of Corpus Christi (YMCA), a non-profit
corporation, for the use of T.C. Ayers swimming pool and
adjacent grounds and in consideration of the Young Men's
Christian Association maintaining the premises and
improvements. (First Reading - 7/16/02) (Attachment # 25)
Second Reading Ordinance - Authorizing the City Manager or his
designee to execute a five-year lease with Marbella Grill, Inc.,
D.B.A. Christian's House, for the use of City Property, to wit:
Merriman-Bobys House in Heritage Park, to operate as a food
service operation. (First Reading - 7/23/02) (Attachment # 26)
Second Reading Ordinance - Authorizing the City Manager or his
designee to execute a Shuttle Service Concession lease
agreement with Jangee, Inc., of Corpus Christi, Texas, for the
operation of a Shuttle Service Concession at the Corpus Chdsti
International Airport in consideration of payment of six percent of
the Concessionaire's gross monthly revenues for a term of 36
months with the option to extend three additional one-year
periods by mutual agreement of the Concessionaire and the City
of Corpus Christi. (First Reading - 7/16/02) (Attachment # 27)
PUBLIC HEARINGS:
ZONING CASES:
Case No. 0602-02, Jimalee M. Shaffer: A change of zoning from
an "R-1 B" One-family Dwelling District to a "T-lC" Manufactured
Home Subdivision on 9.97 acres (called 9.960 acres) out of Lot
29, located along Homedale Street and Grand View Street.
(Attachment # 28)
Planning Commission's and Staff's Recommendation: Denial of
the "T-lC" Manufactured Home Subdivision.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
August 20, 2002
Page 9
ORDINANCE
Amending the Zoning Ordinance upon application by Jimalee M.
Shaffer by changing the zoning map in reference to 9.97 acres
(called 9.960 acres) out of Lot 29, Section 49, Flour Bluff and
Encinal Farm and Garden Tracts, from "R-lB" One-family
Dwelling District to "T-lC" Manufactured Home Subdivision;
amending the Comprehensive Plan to account for any deviations
from the existing Comprehensive Plan.
WRECKER SERVICE:
29.
Public Hearing regarding possible changes to Chapter 57 -
Vehicles for Hire; Article 5. Auto Wreckers (Wrecker Service
Ordinance). (Attachment # 29)
K. PRESENTATIONS: (NONE)
La
REGULAR AGENDA
CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES:
30.
Ordinance authorizing the issuance and sale of City of Corpus
Christi, Texas Utilities System Revenue Refunding and
Improvement Bonds, Series 2002, in an aggregate principal
amount not to exceed $130,000,000; authorizing the City
Manager to execute a bond purchase agreement subject to
parameters set forth in the ordinance; authorizing the execution
of an escrow agreement; and ordaining other matters related to
the sale of the bonds. (Attachment # 30)
31.
Motion authorizing the City Manager or his designee to execute
a construction contract with Garrett Construction Company, of
Corpus Christi, Texas, in the amount of $220,343.40 for the
Regional Transportation Authority (RTA) Miscellaneous Street
Improvements, Phase 1. (Attachment # 31)
32.
Motion authorizing the City Manager or his designee to execute
a construction contract with Garver Construction, Ltd., of
Houston, Texas in the amount of $3,579,822.50 for the Sanitary
Sewer Trunk Main Rehabilitation. (Attachment # 32)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
Augu~ 20,2002
Page 10
33.a.
33.b.
34.a.
34.b.
35.a.
35.b.
Motion authorizing the City Manager or his designee to execute
a construction contract with Preload, Inc., of Hauppauge, New
York, for a total fee not to exceed $3,765,422 for the North
Navigation Boulevard Pumping Plant Contract No. 1: Two (2) Ten
Million-Gallon Storage Reservoirs. (Attachment # 33)
Motion authorizing the City Manager or his designee to execute
a testing services agreement with Fugro South Inc., of Corpus
Christi, Texas, for a total fee not to exceed $31,000 for the North
Navigation Boulevard Pumping Plant Contract No. 1:Two (2)Ten
Million-Gallon Storage Reservoirs. (Attachment # 33)
Motion authorizing the City Manager or his designee to execute
a construction contract with Jalco, Inc., of Houston, Texas, for a
total fee not to exceed $3,187,800 for the North Navigation
Boulevard Pumping Plant Contract No. 3: 36" diameter Water
Transmission Main (North Navigation Boulevard Pumping Plant
to Caldwell Street Pumping Plant). (Attachment # 34)
Motion authorizing the City Manager or his designee to execute
a testing services agreement with Fugro South, Inc., of Corpus
Christi, Texas, for a total fee not to exceed $116,000 for the North
Navigation Boulevard Pumping Plant Contract No. 3: 36"-
Diameter Water Transmission Main (North Navigation Boulevard
Pumping Plant to Caldwell Street Pumping Plant). (Attachment
# 34)
Motion authorizing the City Manager or his designee to execute
a Real Estate Sales Contract with Jesse David Bebout, Jr., in the
amount of $85,300, plus $1,500 in closing costs and an additional
amount not to exceed $22,500 for relocation assistance to cover
moving costs, pdce differential payments and incidental expenses
for replacement housing, for the purchase of fee simple property
rights for Parcel 3, being all of Lot 11, Block 1, Mount Vernon
Subdivision, with street address of 4901 Wynona Drive,
necessary for the McArdle Road Street Improvement Project,
Phase 3, Project No. 6146, and for other municipal purposes.
(Bond Issue 2000) (Attachment # 35)
Motion authorizing the City Manager or his designee to execute
a Real Estate Sales Contract with Irma Noemi Garcia, in the
amount of $83,500, plus $1,500 in closing costs and an additional
amount not to exceed $22,500 for relocation assistance, to cover
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
August20,2002
Page 11
35.c.
35.d.
35.e.
moving costs, pdce differential payments and incidental expenses
for replacement housing, for the pumhase of fee simple property
rights for Parcel 4, being all of Lot 13, Block 2, Mount Vernon
Subdivision, with street address of 4902 Wynona Ddve,
necessary for the McArdle Road Street Improvement Project,
Phase 3, Project No. 6146, and for other municipal purposes.
(Bond Issue 2000) (Attachment # 35)
Motion authorizing the City Manager or his designee to execute
a Real Estate Sales Contract with Mary Pe~a, in the amount of
$72,000, plus $1,500 in closing costs and an additional amount
not to exceed $22,500 for relocation assistance to cover moving
costs, price differential payments and incidental expenses for
replacement housing, for the purchase of fee simple property
rights for Parcel 5, being all of Lot 12, Block 2, Mount Vernon
Subdivision, with street address of 4901 Willowbreok Drive,
necessary for the McArdle Road Street Improvement Project,
Phase 3, Project No. 6146, and for other municipal purposes.
(Bond Issue 2000) (Attachment # 35)
Motion authorizing the City Manager or his designee to execute
a Real Estate Sales Contract with Benjamin De La Rosa and wife,
Eunice De La Rosa, in the amount of $65,000, plus $1,500 in
closing costs and an additional amount notto exceed $22,500 for
relocation assistance to cover moving costs, pdce differential
payments and incidental expenses for replacement housing, for
the purchase of fee simple property rights for Parcel 6, being all
of Lot 8, Block 3, Mount Vernon Subdivision, with street address
of 4902 Willowbrcok Drive, necessary for the McArdle Road
Street Improvement Project, Phase 3, Project No. 6146, and for
other municipal purposes. (Bond Issue 2000) (Attachment # 35)
Motion authorizing the City Manager or his designee to execute
a Real Estate Sales Contract with Anita Carrol Frees-Foster, in
the amount of $63,000, plus $1,500 in closing costs and an
additional amount not to exceed $5,250 for relocation assistance
of any existing tenants, including but not limited to rental
assistance or down payment supplement for replacement housing
and moving costs, for the purchase of fee simple property rights
for Parcel 7, being all of Lot 7, Block 3, Mount Vernon
Subdivision, with street address of 4901 Waltham Drive,
necessary for the McArdle Road Street Improvement Project,
Phase 3, Project No. 6146, and for other municipal purposes.
(Bond Issue 2000) (Attachment # 35)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
August20,2002
Page 12
35.f.
35.g.
35.h.
36.
Motion authorizing the City Manager or his designee to execute
a Real Estate Sales Contract with Becky Fair, in the amount of
$68,000, plus $1,500 in closing costs and an additional amount
not to exceed $22,500 for relocation assistance to cover moving
costs, price differential payments and incidental expenses for
replacement housing, for the purchase of fee simple property
rights for Parcel 13, being all of Lot 14, Block 6, Mount Vernon
Unit 2, with street address of 4901 Wexford Drive, necessary for
the McArdle Road Street Improvement Project, Phase 3, Project
No. 6146, and for other municipal purposes. {Bond Issue 2000)
(Attachment # 35)
Motion authorizing the City Manager or his designee to execute
a Real Estate Sales Contract with Richard T. Lopinto and wife
Gwen F. Lopinto, in the amount of $81,000, plus $1,500 in closing
costs and an additional amount not to exceed $22,500 for
relocation assistance to cover moving costs, price differential
payments and incidental expenses for replacement housing, for
the purchase of fee simple property dghts for Parcel 14, being all
of Lot 1, Block 7, Mount Vernon Unit 2, with street address of
4902 Wexford Drive, necessary for the McArdle Road Street
Improvement Project, Phase 3, Project No. 6146, and for other
municipal purposes. (Bond Issue 2000) (Attachment # 35)
Motion authorizing the City Manager or his designee to execute
a Real Estate Sales Contract with Juan Ledesma and wife Dahlia
Ledesma, in the amount of $83,000, plus $1,500 in closing costs
and an additional amount not to exceed $22,500 for relocation
assistance to cover moving costs, price differential payments and
incidental expenses for replacement housing, for the purchase of
fee simple property rights for Parcel 15, being all of Lot 24-R,
Block 7, Mount Vernon Unit 2, with street address of 4901
Andover Street, necessary for the McArdle Road Street
Improvement Project, Phase 3, Project No. 6146, and for other
municipal purposes. (Bond Issue 2000) (Attachment # 35)
First Reading Ordinance - Prescribing the taxes to be levied,
assessed, and collected by the City of Corpus Christi, Texas for
tax year 2002, and for each succeeding year thereafter until
otherwise provided and ordained and such other years as the
same may be applicable. (Attachment # 36)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summa~)
Agenda
Regular Council Meeting
August20,2002
Page13
37.
38.
First Reading Ordinance - Amending the City Code of Ordinance,
Chapter 36, by adding new Section 36-10, Animals in Cole Park,
prohibiting a person from allowing an animal within their custody
or control to enter the KidsPlace Playground located within Cole
Park; providing for penalties; and providing for an effective date.
(Attachment # 37)
Discussion regarding Election Date for proposed Charter
Amendments. (Attachment # 38)
PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS
NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT
APPROXIMATELY 5:30 P.M. OR AT THE END OF THE
COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE
LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN
TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD,
PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL
CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A
recording is made of the meeting; therefore, please speak into the microphone
located at the podium and state your name and address. If you have a petition
or other information pertaining to your subject, please present it to the City
Secretary.)
Si usted se dirige a la junta y cree que su ingl~s es limitado, habr~ un int~rprete
ingl~s-espa~ol en la reunion de la junta para ayudarle.
PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF
PERSON, OR MEMBERS OF THE AUDIENCE SHALL
BERATE, EMBARRASS, ACCUSE, OR SHOW ANY
PERSONAL DISRESPECT FOR ANY MEMBER OF THE
STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY
COUNCIL MEETING.
REPORTS:
The following reports include questions by Council to Staff regarding
City policies or activities; request by Council for information or reports
from Staff; reports of activities of individual Council members and Staff;
constituent concerns; current topics raised by media; follow-up on Staff
assignments; scheduling of future Council meetings and activities; and
other brief discussions regarding city-related matters.
39. CITY MANAGER'S REPORT
* Upcoming Items
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
August20,2002
Page14
40.
41.
O.
NOTE:
MAYOR'S UPDATE
COUNCIL AND OTHER REPORTS
ADJOURNMENT:
POSTING STATEMENT:
This agenda was posted on the City's official bulletin board at the front entrance
to City Hall, 1201 Leopard Street, at 3:00 p.m., Auqust 16 , 2002.
Armando Chapa '
City Secretary
The City Council Agenda can be found on the City's Home
Page at www. ci.corpus-christi.tx.us after 7:00 p.m. on the
Friday before regularly scheduled council meetings. If
technical problems occur, the agenda will be uploaded on
the Internet by Monday morning.
Symbols used to highlight action item that implement
council priority issues.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
2001-2002
CiTY COUNCIL GOALS
AND
PRIORiTY ISSUES
I ~CONTINUING PRIORITY ISSUES
Airport / SeawnH / Convention Center / Areq~
· Continue quarterly reporting process for these initiatives.
'86 Bond,Issue Improvements
· Update status on Senior Centers.
· Provide communication on completion of these projects (e.g. "Report to the Community").
· Continue community involvement on issues such as Leopard Street improvements.
Pdv0tlgatl00 / Re-Emrtneerint
· Clearly define "lxivatization" and 'Ye-engineering"
· Make decisions regarding privatization and re-engineering in the next 12-24 months, with
discussions within 90 days.
· Establish process to identify what services can and cannot be privatized.
· Continue focus on park maintenance.
Fln#nge
· Maintain the 5-year forecast model.
· Review the August 1 budget adoption deadline.
Crime Control and Prevention
Continue implementation of the Community Policing initiative.
· Establish date for Crime Control and Prevention District election.
· Continue City participation in Youth Opportunities United and other youth crime initiatives~
Emnlovqe 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
Ecopomic l)evelop~pent 8ales TaX
· Establish election date.
NEW PRIORITY INITIATIVES AND ISSUES
City staff will 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 ster Drainage Plan
~ Garwood Water
*New Golf 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 Developmem Plan (marina, t-heads, breakwater)
Housing Emphasis / Process (older neighborhoods, working class neighborhoods)
-- **Road Projects
Southside Traffic Plan
Storm Water UtiliW
· Reconsider implementation plan for a Storm Water Utility.
Pacgerv Chapnel
· Continue quarterly reports on the progress of the TIF and Beach Restoration Project.
L#ndffil
· Continue to evaluate the efficiency and effectiveness of operations.
· Examine alternatives for solid waste management system, including privatization.
Internet
· Continue regular updates and expansion of the City's web site, including individual council
member web pages.
· Establish target date for online permitting process.
· Communicate brush pickup via e-mail.
· Continue active role.
· Lease and complete renovation
* Implement current island annexation plan
ADA Transitign Plan
· Develop and approve ADA Transition Plan within 90 days.
R~istricfine
· Develop Council-approved redistricting plan for the City of Corpus Christi
Indu~tl'~al Distr~cg Contracg
· Review Industrial District contracts and determine date for approval
Council Ac;ion Items
* Staff completes action requests in a timely manner.
C]ty/ County Health Issues
· Continue discussions with County to determine structure and process for the most effective
and efficient delivery of health services
Marke0~g of CC Museum and CMumbus Ships
· Continue to develop marketing plans for the Museam of Science and History and the
Columbus Fleet
Relationships with Other ~ovemments
Development Initiative P~kages
*Park Rehabilitation
*Leopard Street Curbs and Gutters
Economic Development Summit and Post-Summit Meetings
Agnes-Laredo Corridor Market (studies, plans)
*Solid waste / Pickup
Base Closures
**Northwest Library
Northside Development Plan
Traffic Controls (channeling, studying on/offramps on SPID)
*Five Points Ambulance
Effluent Plan for Leopard Medians
RTA--Public Improvements
Arts and Sciences Park Plan
Budget Item
** Capital Improvement Program Item
1
Mayor Pro Tern Mark Scott
Council Members:
Javier D. Colmenero
Henry Garrett
Bill Kelly
Rex A. Kinnison
John Longoria
Jesse Noyola
ABSENT
Mayor Samuel L. Neal Jr.
Council Member Brent Chesney
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
July 23, 2002 - 2:07 p.m.
Ci~ Staff:
City Manager David R. Garcia
Deputy City Manager George Noe
City Secretary Armando Chapa
First Assistant City Attorney Jay Reining
Recording Secretary Raehelle Parry
Mayor Pro Tem Scott called the meeting to order in the Council Chambem of City Hall.
Council Member Noyola requested a moment of silence in remembrance of Leopoldo Luna, who
passed away. The invocation was delivered by Council Member Colmenero and the Pledge of
Allegiance to the United States flag was led by members of Youth Leadership Corpus Christi. City
Secretary Chapa called the roll and verified that the necessa~ quorum of the Council and the
required charter officers were present to conduct the meeting. Mayor Pro Tern Scott called for
approval of ~he minutes of the regular Council meeting of July 16, 2002. A motion was made and
passed to approve the minutes as presented.
Mayor Pro Tem Scott stated that Mayor Neal was not present because he was recovering
from emergency surgery last weekend. Mr. Chapa said that Council Member Chesney called and said
he could not be present because he had a death in the family and needed to attend the funeral.
Mayor Pro Tem Scott deviated from the agenda and referred to Item 36, a presentation
regarding the Crime Control and Prevention District Canine Unit. Ms. Linda Bridges, President of
the Crime Control District (CCD) Board, discussed the benefits of the CCD funding. She said the
city has been able to hire 50 police officers, 40 of which have been placed in the following areas:
eight in the Directed Patrol program; 10 in the Juvenile Enforcement Team; five in the Bicycle Unit;
three in the Walking Motor Unit; two in the Traffic Safety Unit; one in Campus Crime Stoppers; one
in Narcotics with a CCD-provided "drug" dog and vehicle; and 10 in the Patrol Division. She said
the last 10 officers will be added when the police academy graduates in October 2002.
Ms. Bridges said they were addressing the Council to demonstrate one of the projects fimded
by the Crime Control District, namely, the narcotics officer and the drag dog. She showed a video
of Officer Alan Dial and the dog Falco in action, and then Officer Dial and Falco gave a live
Minutes - Regular Council Meeting
July 23, 2002 - Page 2
demonstration for the Council and audience members of how Falco searches for and identifies
hidden drugs. Responding to Mayor Pro Tem Sentt, Ms. Bridges said that $588,600 is the total
seized value of the narcotics that Officer Dial and Falco have been responsible for or assisted in
recovering. She said the board feels the canine program is a good investment for a low cost.
Mayor Pro Tem Scott said there have been rumors that the city shifted over officers that were
funded through the General Fund to the Crime Control District Fund and that additional officers have
not been hired. Ms. Bridges replied that that is not true, saying that 40 additional officers have gone
through the police academy and are now working in those areas she previously mentioned.
Council Member Garrett said it is important to point out that the city has maintained the
normal complement of cadets to accommodate the attrition rate (17 or 18 officers per year) while at
the same time adding 10 new cadets for each police academy class. Ms. Bridges said the Crime
Control District promised to fund 50 additional police officers to deal with crime in strategic areas
of the city and by October that promise will have been kept.
Mr. Garrett asked if there are any uniform police officers working behind a desk at this time.
City Manager Garcia said there are probably some officers on light duty (injured officers working
in less strenuous positions while they recuperate). Mayor Pro Tern Scott asked if the city has
eliminated civilian positions and then filled them with police officers. Mr. Garcia said they have
done just the opposite. Mr. Garrett asked about the police officer sitting behind a desk near the
entrance to the Police Department on John Sartain Street. Commander Bryan Smith said that is a new
position resulting fi.om the need for additional security at the Police Depal'httent following the
September 11, 2001 terrorist attacks. Mr. Garrett asked if any police officers are providing dispatch
services at this time, and Cmdr. Smith said there are not any according to police policy. Council
Member Noyola asked if the 50 total police officers will be working the city's streets, and Cmdr.
Smith said they will be.
Mayor Pro Tem Scott called for consideration of the consent agenda (Items 2-34). City
Secretary Chapa said that Council Member Noyola would abstain on Items 2, 19 and 26. Council
members and audience members requested that Items 31, 32 and 33 be discussed. Mr. Chapa polled
the Council for their votes and the following were passed:
Motion approving a supply agreement with Eddie Garza Security and Investigations of
Corpus Christi, Texas, for uniformed guard security services for Corpus Christi International
Airport (CCIA) in accordance with Bid Invitation No. BI-0087-02 based on low bid for an
estimated annual expenditure of $377,387.50. The t~mt of the contract is for twelve months
with an option to extend for up to two additional twelve-month periods, subject to the
approval of the contractor and the City Manager or his designee. Funds have been budgeted
by the Aviation Department in FY2001-2002 and requested for FY 2002-2003.
Minutes - Regular Council Meeting
July 23, 2002 - Page 3
The foregoing motion passed by the following vote: Scott, Colmenero, Garrett, Kelly,
Kinnison, and Longoria voting "Aye"; Noyola abstaining; Neal and Chesney absent.
Motion approving a supply agreement for brass service fittings in accordance with Bid
Invitation No. BI-0091-02 with Hughes Supply of San Antonio, Texas, based on low total
bid meeting specifications for an estimated annual expenditure of $91,997. The fittings will
be stocked by the Warehouse and distributed to the Water Department. The term of the
agreement is twelve months with 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 Water Department in FY2001-02 and requested for FY2002-03.
The foregoing motion passed by the following vote: Scott, Colmenero, Garrett, Kelly,
Kinnison, Longoria, and Noyola voting "Aye"; Neal and Chesney absent.
Motion authorizing the City Manager or his designee to extend the contract with Clean
Harbors Environmental Services for the household hazardous waste disposal services at the
J.C. Elliott Landfill for up to twelve additional months, for an estimated twelve-month
expenditure of $160,000. Funds have been budgeted by Storm Water Depashnent in FY
2001-2002 and requested for FY 2002-2003.
The foregoing motion passed by the following vote: Scott, Colmenero, Garrett, Kelly,
Kinnison, Longoria, and Noyola voting "Aye"; Neal and Chesney absent.
Motion approving the purchase of five butterfly valves from Puffer Sweiven of Corpus
Christi, Texas, in accordance with Bid Invitation No. BI-0126-02 based on low bid for a total
amount of $44,244. These valves will be used by the Water Department. Funds are budgeted
by the Water Department in FY 2001-2002.
The foregoing motion passed by the following vote: Scott, Colmenero, Garrett, Kelly,
Kinnison, Longoria, and Noyola voting "Aye"; Neal and Cbesney absent.
Motion approving the purchase of twenty (20) submersible pumps ranging from 5
horsepower to 47 horsepower from Peeeo of Corpus Christi, Texas, in accordance with Bid
Invitation No. BI-0099-02 based on only bid for a total amount orS113,352.68. These pumps
will be used by the Wastewater Department. Funds are budgeted by the Wastewater
Department in FY 2001-2002.
Minutes - Regular Council Meeting
July 23, 2002 - Page 4
The foregoing motion passed by the following vote: Scott, Colmenero, Garrett, Kelly,
Kinnison, Longoria, and Noyola voting "Aye"; Neal and Chesney absent.
7. M2002-21 ~
Motion approving the purchase of 8,500 feet of 16" coated and wrapped steel pipe in
accordance with Bid Invitation BI-0122-02 fi.om Texas Pipe & Supply of Corpus Christi,
Texas, based on low bid for a total of $153,000. The pipe will be used by the Gas
Depaxhnent. Funds have been budgeted by the Gas Department in FY 2001-2002.
The foregoing motion passed by the following vote: Scott, Colmenero, Garrett, Kelly,
Kinnison, Longoria, and Noyola voting "Aye"; Neal and Chesney absent.
Motion approving the purchase of one (1) directional boring machine in accordance with Bid
Invitation No. BI-0115-02 fi.om Vermeer Equipment of Texas Inc. of San Antonio, Texas,
based on low bid for a total of $198,875. The Gas Department will me the boring machine.
Funds have been budgeted by the Gas Depa~hnent in FY 2001-2002.
The foregoing motion passed by the following vote: Scott, Colmenero, Garrett, Kelly,
Kinnison, Longoria, and Noyola voting "Aye"; Neal and Chesney absent.
Motion approving the purchase of one ~ ton pickup and the lease purchase of one ~A ton van
in accordance with Bid Invitation No. BI-0094-02 from Padre Ford, of Corpus Christi, Texas,
based on only bid for a total of $36,258. Funding is available fi'om the FY2001-2002 Capital
Outlay Fund. The pickup is a replacement and the van is a new addition to the fleet.
The foregoing motion passed by the following vote: Scott, Colmenero, Garrett, Kelly,
Kinnison, Longoria, and Noyola voting "Aye"; Neal and Chesney absent.
10.a. ORDINANCE NO. 024953
Ordinance appropriating $20,086.19 from the Unreserved Fund Balance in the No. 6010
Trust Fund to purchase a fire safety home; amending the FY2001-2002 budget, adopted by
Ordinance No. 024528, to increase appropriations by $20,086.19 in the No. 6010 Trust Fund.
An emergency was declared and the foregoing ordinance passed: Scott, Colmenero, Garrett,
Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Neal and Chesney absent.
lO.b. ~
Motion approving the purch~qe of one ( 1 ) fire safety house in accordance with Bid Invitation
Minutes - Regular Council Meeting
July 23, 2002 - Page 5
11.
No. BI-0111-02, from Surrey Fire Safety House of Napoleon, Ohio, based on low bid for a
total of $31,982. The Fire Depat'tment will use the fire safety house to promote fire safety.
Funds are available through the Fire Safety House Trust Fund.
The foregoing motion passed by the following vote: Scott, Colmenero, Garrett, Kelly,
Kinnison, Longoria, and Noyola voting "Aye"; Neal and Chesney absent.
RESOLUTION NO. 024954
Resolution authorizing the City Manager or his designee to execute a traffic signal agreement
with the Texas Department of Transportation governing the installation, maintenance and
operation of proposed traffic signals on IH-37 Frontage Road at McKinzie Road (F.M. 3386)
and future traffic signals on frontage roads at interchanges with the state freeway system
within the City of Corpus Christi.
The foregoing resolution passed by the following vote: Scott, Colmenero, Garrett, Kelly,
Kinnison, Longoria, and Noyola voting "Aye"; Neal and Chesney absent.
12. M2002-222
Motion authorizing the City Manager or his designee to execute a construction contract with
Haeber Roofmg Company of Corpus Christi, Texas, for a total fee not to exceed $40,089 for
the Health Depm'hnent clinics' re-roof (Flour Bluff and Williams Dr.)-FY2002 project.
The foregoing motion passed by the following vote: Scott, Colmenero, Garrett, Kelly,
Kinnison, Longoria, and Noyola voting "Aye"; Neal and Chesney absent.
13. M2002-223
Motion authorizing the City Manager or his designee to execute a coustmction contract with
Haeber Roofing Company of Corpus Christi, Texas, for a total fee not to exceed $102,798
for the Gas Depathnent Office re-roof FY2002 project.
The foregoing motion passed by the following vote: Scott, Colmenero, Garrett, Kelly,
Kinnison, Longofia, and Noyola voting "Aye"; Neal and Chesney absent.
14. M2002-224
Motion authorizing the City Manager or his designee to execute a construction contract with
C.W. Campbell Electric of Corpus Christi, Texas, for a total fee not to exceed $174,879 for
the Gas Department Building electrical upgrade project.
The foregoing motion passed by the following vote: Scott, Colmenero, Garrett, Kelly,
Kirmison, Longoria, and Noyola voting "Aye"; Neal and Chesney absent.
Minutes - Regular Council Meeting
July 23, 2002 - Page 6
15. M2002-225
Motion authorizing the City Manager or his designee to execute a real estate sales contract
in the amount of $150,000 plus closing costs for the fee simple acquisition of Lots 2 and 3,
Block 3, Central Wharf and Warehouse Company subdivision of the Beach Portion, located
at the comer of Kiuney and Water Streets; and with a utility and temporary construction
easement out of Lot 1 in the amount of $21,700 from the owner, Texas Television Inc., for
use in the expansion of the Kinney Street stormwater pumping plant B, Project #2153, and
for other municipal purposes.
The foregoing motion passed by the following vote: Scott, Colmenero, Garrett, Kelly,
Kinnison, Longoria, and Noyola voting "Aye"; Neal and Chesney absent.
16.a. M2002-226
Motion approving the application from E.M. Marketing to temporarily close the following
street sections in conjunction with the "Powerboat Sboot-Out" and related activities, August
23-25, 2002,
a. The parking lane on southbound Shoreline Boulevard between Hughes Street and
Power Street to be closed Monday, August 19, 2002 by no later than 9:00 a.m.,
b. The parking lane of northbound Shoreline Boulevard between Hughes Street and
Power Street and fi.om IH-37 to Twigg Street to be closed Tuesday, August 20, 2002
by no later than 9:00 a.m.,
c. The inside northbound and southbound travel lanes including median cross-over
lanes of Shoreline Boulevard to be closed on Wednesday, August 21, 2002 by no
later than 5:00 p.m. between Hughes Street and Power Street,
d. ' Northbound Shoreline Boulevard (full street closure) between the north right-of-way
of Power Street median cross-over and the south right-of-way of Hughes Street
beginning at 5:00 p.m., Friday, August 23, 2002,
e. Southbound Shoreline Boulevard (full street closure) between the South right-of-way
of Hughes Street to the north fight-of-way of Power Street, beginning at 5:00 p.m.,
Friday, August 23, 2002.
The foregoing motion passed by the following vote: Scott, Colmenero, Garrett, Kelly,
Kinnison, Longoria, and Noyola voting "Aye"; Neal and Cbesney absent.
16.b. ~
Motion pursuant to Chapter 49 (Streets & Sidewalks), Division 2 (Temporary Closure of
Streets) Section 49-17 (Conditions and requirements for pemfit) Paragraph (a) to allow the
applicant for the "Powerboat Shoot-Out" event to charge an admittance fee of $10.00 for all
persons above the age of 5 years old. Children under 5 years will be admitted flee when
accompanied by an adult.
The foregoing motion passed by the following vote: Scott, Colmenero, Garrett, 'Kelly,
Minutes - Regular Council Meeting
July 23, 2002 - Page 7
Kinnison, Longoria, and Noyola voting "Aye"; Neai and Chesney absent.
17. M2002-228
Motion authorizing the City Manager or his designee to execute subrecipient agreements for
funds provided fi.om the FY2002 Community Development Block Grant (CDBG) Program
and FY2002 Emergency Shelter Grant (ESG) Program.
a. Boys & Girls Club of Corpus Christi - $76,820 for improvements to the facility
located at 3902 Greenwood Drive.
b. Catholic Charities - Mother Teresa Shelter - $90,108 for improvements to a public
facility located at 513 Sam Rankin Street.
c. Corpus Christi Hope House - $10,292 for renovations to comply with ADA
requirements and to improve the living conditions at the homeless shelters for the
facility located at 630 and 658 Robinson Street.
d. LULAC Village Park Apartments - $79,500 to fund the activity court cover/shelter
to protect the community fi.om weather elements located at 1417 Home Road.
e. Neighborhood Centers of Corpus Christi, Inc. - $60,025 for improvements to the
Marguerite Neighborhood Center located at 2020 Marguerite Street.
f. Nueces County Community Action Agency - $80,000 for minor repairs that will
supplement their weatherization program.
g. Westside Business Association - $35,000 to finalize the completion of Crosstown
and Agnes Beautification Project.
h. YMCA Corpus Christi - $15,400 for ADA improvements to their facility located at
417 S. Upper Broadway.
i. Catholic Charities of Corpus Christi, Inc. - $15,000 for homeless activities.
j. Corpus Christi Hope House, Inc. - $10,000 for homeless activities.
k. Corpus Christi Metro Ministries, Inc. - $50,000 for homeless activities.
1. Gulf Coast Council of La Raza - $25,000 for homeless activities.
m. Mary McLeod Bethune Day Nursery, Inc. - $10,000 for homeless activities.
n. The ARK Assessment Center & Emergency Shelter for Youth - $15,000 for homeless
activities.
o. The Salvation Army - $20,000 for homeless activities.
p. The Women's Shelter - $28,000 for homeless activities.
The foregoing motion passed by the following vote: Scott, Colmenero, Garrett, Kelly,
Kinnison, Longoria, and Noyola voting "Aye"; Neal and Chesney absent.
18.a. M2002-229
Motion authorizing the City Manager or his designee to execute all documents necessary to
accept and implement the FY2002 Consolidated Annual Action Plan for community planning
and development programs that include the CDBG, ESG and HOME programs.
The foregoing motion passed by the following vote: Scott, Colmenero, Garrett, Kelly,
Kinnison, Longoria, and Noyola voting "Aye"; Neal and Chesney absent.
Minutes - Regular Council Meeting
July 23, 2002 - Page 8
18.b. ORDINANCE NO. 024955
Ordinance appropriating $8,059,842 in the Federal/State Grants Fund No. 1050 for the
FY2002 Consolidated Annual Action Plan for Community Planning and Development
Program projects/activities that includes 1 ) $5,901,842 composed of $4,950,000 for FY2002
Community Development Block Grant (CDBG) projects; $700,000 of program income;
$251,842 of reprogrammed funds; 2) $173,000 for FY2002 Emergency Shelter Grants (ESG)
activities; and 3) $1,985,000 for FY2002 Home Investment Partnerships (HOME) Program
for projects/activities approved by the City Council on May 21, 2002.
An emergency was declared and the foregoing ordinance passed: Scott, Colmenero, Garrett,
Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Neal and Chesney absent.
19. M2002-230
Motion authorizing the City Manager or his designee to execute an agreement with M. Dee
Koch, Ph.D. for psychological services for the Police and Aviation departments. The term
is for three years at an hourly rate of $35.00 with an estimated annual cost of $80,000.
The foregoing motion passed by the following vote: Scott, Colmenero, Garrett, Kelly,
Kinnison, and Longoria voting "Aye"; Noyola abstaining; Neal and Chesney absent.
20. ~
21.
Motion approving the appointment of M.E. Allison and Company Inc. as financial advisor;
RBC Dain Rauscher Inc. as senior underwriter, and J.P. Morgan Chase & Company as co-
underwriter; and McCall, Parkhurst & Horton as bond counsel for the issuance of utility
system revenue refunding and improvement bonds Series 2002.
The foregoing motion passed by the following vote: Scott, Colmenero, Garrett, Kelly,
Kinnisun, Longoria, and Noyola voting "Aye"; Neal and Chesney absent.
RESOLUTION NO. 024956
Resolution expressing official intent to reimburse costs of utility system improvements
project.
The foregoing resolution passed by the following vote: Scott, Colmenero, Garrett, Kelly,
Kinnison, Longoria, and Noyola voting "Aye"; Neal and Chesney absent.
22.a. M2.Q92:_2~-
Motion authorizing the City Manager or his designee to execute Attachment Nos. 03, 04 and
05 to Contract No. 7460005741-2003 with the Texas Department of Health in the amounts
of $162,823 for tuberculosis elimination, $124,223 for immunization and $117,975 for the
Minutes - Regular Council Meeting
July 23, 2002 - Page 9
Office of Public Health Practice (OPHP).
The foregoing motion passed by the following vote: Scott, Colmenero, Garrett, Kelly,
Kinnison, Longoria, and Noyola voting "Aye"; Neal and Chesney absent.
22.b. ORDINANCE NO. 024957
Ordinance appropriating a grant fi.om the Texas Depathnent of Health in the amount of
$162,823 for mbemulosis elimination, $124,223 for immunization and $117,975 for the
Office of Public Health Practice (OPHP); adding $162,823, $124,223, and $117,975 to the
No. 1050 Federal/State Grants Fund.
An emergency was declared and the foregoing ordinance passed: Scott, Colmenero, Garrett,
Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Neal and Chesney absent.
23.a. RESOLUTION NO. 024958
Resolution determining the necessity for and ordering the improvement of the following
highways in Corpus Christi, Nueces County, Tex.as: Azores Road from Caribbean to cul-de-
sac and Catcay Road from Caribbean to cul-de-sac; specifying that certain of these
improvements will be paid for paffiy by the City and partly by assessments while others will
be paid for entirely by assessments; and directing the City's Director of Engineering Services
to file a notice of proposed assessments with the Nueces County Clerk.
The foregoing resolution passed by the following vote: Scott, Colmenero, Garrett, Kelly,
Kinnison, Longoria, and Noyola voting "Aye"; Neal and Chesney absent.
23.b. RESOLUTION NO. 024959
Resolmion approving plans and specifications for improvements to the following highways
in Corpus Christi, Nueces County, Texas: Azores Road from Caribbean to cul-de-sac and
Catcay Road from Caribbean to cul-de-sac; approving the Director of Engineering Services'
project construction cost estimate including an estimate of the portion of costs to be paid by
the City and the portion to be paid by assessments; setting a public hearing on these proposed
assessments to occur during the September 10, 2002 City Council meeting; directing the City
Secretary to arrange to publish notice of this public hearing and ordering the Director of
Engineering Services to provide written notice of the public hearing to property owners.
The foregoing resolution passed by the following vote: Scott, Colmenero, Garrett, Kelly,
Kinnison, Longoria, and Noyola voting "Aye"; Neal and Cbesney absent.
24.a. RESOLUTION NO. 024960
Resolution authorizing the City Manager or his designee to execute a subrecipient grant
agreement with the Texas General Land Office for a Coastal Coordination Council Coastal
Minutes - Regular Council Meeting
July 23, 2002 - Page 10
Impact Assistance Program grant in the amount of $208,596 for the Oso Bay access and
acquisition project, with the City's match being provided by the assignment of 53.81 acres
of land by the Coastal Bend Land Trust.
The foregoing resolution passed by the following vote: Scott, Colmenero, Garrett, Kelly,
Kinnison, Longoria, and Noyola voting "Aye"; Neal and Cbesney absent.
24.b. ORDINANCE NO. 024961
Ordinance appropriating $208,596 from a Coastal Coordination Council Coastal Impact
Assistance Program grant through the Texas General Land Office in the No. 1050
Federal/State Grants Fund for the Oso Bay access and acquisition project.
An emergency was declared and the foregoing ordinance passed: Scott, Colmenero, Garrett,
Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Neal and Chesney absent.
25.a. RESOLUTION NO. 024962
Resolution authorizing the City Manager or his designee to accept a $250,000 Title V
Delinquency Prevention grant from the Criminal Justice Division of the Governor's Office
to enhance Municipal Court processing and tracking of status offenders and Juvenile
Assessment Center case management services to at-risk youth, with a commitment to provide
an in-kind match of at least 34% of the total grant budget.
The foregoing resolution passed by the following vote: Scott, Colmenero, Garrett, Kelly,
Kinnison, Longoria, and Noyola voting "Aye"; Neal and Chesney absent.
25.b. ORDINANCE NO. 024963
Ordinance appropriating $250,000 in the No. 1050 Federal/State Grants Fund from The State
of Texas, Office of the Governor, Criminal Justice Division for Municipal Court processing
and tracking of status offenders and Juvenile Assessment Center case management.
An emergency was declared and the foregoing ordinance passed: Scott, Colmenero, Garrett,
Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Neal and Chesney absent.
26.a. RESOLUTION NO. 024964
Resolution authorizing the City Manager or designee to accept Amendment No. 01 for the
Federal Aviation Administration multi-year grant Number 3-48-0051-25-98 in the amount
of $245,128.
The foregoing resolution passed by the following vote: Scott, Colmenero, Garrett, Kelly,
Kinnison, and Longoria voting "Aye"; Noyola abstaining; Neal and Chesney absent.
Minutes - Regular Council Meeting
July 23, 2002 - Page 11
26.b. ORDINANCE NO. 024965
Ordinance appropriating $245,128 from Federal Aviation Administration grant Number 3-
48-0051-25-98 in the No. 3020 Airport Capital Improvement Fund for terminal building
improvements, replace security equipment, and rehabilitate apron.
An emergency was declared and the foregoing ordinance passed: Scott, Colmenero, Garrett,
Kelly, Kinnison, and Longoria voting "Aye"; Noyola abstaining; Neal and Chesney absent.
27. ORDINANCE NO. 024966
28.
29.
30.
Ordinance appropriating $132,485 from Paving Assessments in the No. 3530 Street Capital
Projects Fund; transferring $26,242 to the No. 2010 General Obligation Debt Service Fund
for the annual debt service payment; transferring $106,243 to the No. 1020 General Fund
to reimburse the Collections Activity.
An emergency was declared and the foregoing ordinance passed: Scott, Colmenero, Garrett,
Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Neal and Chesney absent.
FIRST READING ORDINANCE
Ordinance authorizing the City Manager or his designee to execute a five-year lease with
Marbella Grill, Inc., dba Christian's House, for the use of City Property, to wit: Merriman-
Bobys House in Heritage Park, to operate as a food service operation.
The foregoing ordinance passed on first reading by the following vote: Scott, Colmenero,
Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Neal and Chesney absent.
ORDINANCE NO. 024967
Ordinance adopting ordinance affecting participation of City employees in the Texas
Municipal Retirement System granting the additional rights authorized by Section 854.202
(g) of Tire 8, Texas Government Code, as amended, to provide eligibility for retirement with
20 years of service credit at any age; prescribing the effective date for the ordinance; and
allowing for a public hearing.
The foregoing ordinance passed on second reading by the following vote: Scott, Colmenem,
Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Neal and Chesney absent.
ORDINANCE NO. 024968
Ordinance amending the Code of Ordinances by adopting a new Article III, Employee
Classification and Compensation System of the Corpus Christi Code of Ordinances;
repealing Sections 39-1, Rules and Regulations Governing Employment of City Employees
Generally; and 39-2, Classified Service and Exemptions; repealing Sectiun 39-20,
Minutes - Regular Council Meeting
July 23, 2002 - Page 12
34.
Modification of Group Hospitalization Plan of the City of Corpus Christi Code of
Ordinances; repealing Ordinances 17728 approved by Council on July 27, 1983, as amended
by Ordinance 18595 on August 13, 1985; repealing Ordinance 021706 approved by Council
on July 27, 1993; repealing Ordinance 3658, Adoption and Administration of the Position
Classification Plan for All Offices and Positions in the Classified Service, as amended;
repealing Ordinance 8127, Administration of Compensation Plan for All Positions in the City
Service, as amended; repealing all other ordinances and roles or parts of ordinances and roles
in conflict with this ordinance.
The foregoing ordinance passed on second reading by the following vote: Scott, Colmenero,
Garrett, Kelly, Kiunison, Longoria, and Noyola voting "Aye"; Neal and Chesney absent.
ORDINANCE NO. 024972
Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 13, Buildings;
Construction and Related Operations; Housing and Housing Premises Standards, to increase
the technical constmctiun code fee schedules; providing for an effective date of September
1, 2002.
The foregoing ordinance passed on second reading by the following vote: Scott, Colmenero,
Garrett, Kelly, Kinnison, Longofia, and Noyola voting "Aye"; Neal and Chesney absent.
Mayor Pro Tem Scott opened discussion on Item 31, utility rates.
Mr. J.E. O'Brien, 4130 Pompano, said he thinks it is outrageous that the city staff has
included this item on the consent agenda. He questioned how the Council can continue increasing
utility rates that hurt business and the "little people." He said last year the Combined Utility System
had net income of almost $18 million and the preceding year it was almost $26 million. He said if
they continue raising the utility rates, their future is questionable.
Council Member Colmenero asked why this item was placed on the consent agenda. City
Manager Gareia said that several ordinances including this one require two readings. He said the first
reading of this item occurred last week when staff made a presentation and the Council had a full
discussion on it. Once the Council approves an item on first reading, it proceeds to the second
reading where it is placed on the consent agenda as a matter of course. He noted that there were
several Council meetings which dealt specifically with the utility rate increases and this proposal
(5% increases) is less than what staff originally proposed (6% increases).
Council Member Kinnison said that while the Council has not had to raise taxes, they have
struggled each year with staff's requests to raise the utility rates. He asked Mr. Mark McDaniel,
Director of Management and Budget, to explain the purpose of the rate model. Mr. McDaniel said
that last year staffbegan using this sophisticated rate model which was developed by an outside firn~
He said it amounts to a huge spread sheet that has a tremendous amount of variables and is very
Minutes - Regular Council Meeting
July 23, 2002 - Page 13
complex. It accounts for everything from gallons consumed to all operating expenses as well as debt
on any capital improvements. He said it also takes into account the unappropriated fund balance that
needs to be maintained to cover any future debt obligations, particularly as the rating agencies look
at upcoming bond issues. He said the goal is to keep the unappropriated fund balance at about 25%
of operating expenditures.
Mr. Kinnison said that essentially the rate model is a cash flow model. He added that while
he understands the concept and can accept 5% increases in light of the projected reductions in water
revenues, he would like staff to examine the rate model in great detail before the capital budget
comes before the Council in November 2002. He said he thinks there are some issues that need to
be resolved that they can agree on.
Council Member Noyola asked if the utility rates can be amended in the future. Mr.
McDaniel said the Council can amend the rates at any time. However, he pointed out that water and
gas rates in particular are subject to seasonal fluctuations and, for consistency, staff recommends that
the Council review the rates once a year. Mr. Garcia explained that the city builds up its reserves in
order to pay for the multi-million dollar projects contained in the capital improvement program
(CIP). He said that way the city does not have to impose huge rate increases when those projects
need to be funded.
Council Member Longoria said he does not like these rate increases any more than anyone
else because he is a consumer also. He said that utilities projects are an area of the budget the
Council will have to continue educating themselves and the public about, particularly since they are
not as popular as a new baseball park, for example. However, they represent basic needs that citizens
have that cost millions of dollars. He said he would like the city's Public Information Office to
disseminate information about the upcoming capital improvement projects. Mr. Colmenero
commented on the importance of planning ahead and maintaining a consistent cash flow to fund the
necessary projects.
Council Member Garrett said the Council takes none of these rate increases lightly. He said
that one year in the 1980s the city did not have a rate increase, which resulted in a large increase the
following year. Mr. McDaniel agreed, saying that there used to be wide fluctuations in the utility
rates and it was not until recent years that better planning has allowed for more moderate increases.
Mayor Pro Tern Scott commented that the city is spending a lot of money on such things as water
supply needs but many citizens are not aware of that and need to be better informed. City Secretary
Chapa polled the Council for their votes as follows:
31. ORDINANCE NO. 024969
Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Utilities,
regarding water, gas and wastewater rates; providing an effective date.
The foregoing ordinance passed on second reading by the following vote: Scott, Colmenero,
Garrett, Kelly, Kinnison, Longofia, and Noyola voting "Aye"; Neal and Cbesney absent.
Minutes - Regular Council Meeting
July 23, 2002 - Page 14
Mayor Pro Tem Scott opened discussion on Item 32, private ambulance services.
Mr. J.E. O'Brien said he can recall only one other time in 23 years that a rote increase was
put on the consent agenda, at which time city staff was taken to task by the Council. He said Item
32 proposes raising some fees and he would like the Council to consider whether they are necessary
in light of a possible increase in valuations and resulting increase in revenues.
Mr. Michael Saski, Director of Operations for Advance EMS, urged the Council to oppose
Item 32. He said private ambulance providers are currently dealing with such hardships as the
steadily rising cost of professional medical insurance and decreased revenue through the Medicare
system. He said staff is proposing an increase in the number of inspections, which would cause
private units to be out of service much more o~en and are redundant. He discussed the services that
private EMS companies provide, such as CPR training and emergency standby coverage of sports
events and mass casualty incidents. He said they are asking for a year to work with city staff to
develop a mutually agreeable proposal.
Mr. Douglas Alexander, Director of Operations for Elite Ambulance Service, said he
supports Mr. Saski's comments and also asked the Council to vote against Item 32.
Mr. Jack Gordy, 4118 Bray, said he does not own any ambulance services but he is asking
the Council to vote against Item 32. He added that many times private ambulances do not get paid
for the services they provide to the city and there is a difference between ambulances and taxis.
Mr. Craig LeBlanc, of Southern Cross Ambulance, said he is opposed to Item 32 for a
different reason than that previously stated. He said he believes the intent of this ordinance is to give
control of the entire non-emergency sector of EMS over to the Fire Department. And while he does
not believe this action will bankrupt any companies, he said he would like the Council to direct staff
to prepare a request for proposals for private companies to bid on. 'He said several cities have decided
to privatize their EMS services because the private companies can provide better service than
municipalities. He also asked the Council to consider delaying this action for at least one year.
Mr. Jesse Garza, 1605 Harvard, said he is opposed to Item 32 and he believes that private
ambulance companies can provide services to the city.
Mr. Carlos Torres, President of the Corpus Christi Firefighters Association, said this
argument was raised about 18 years ago and he questioned whether this was an attempt to drive
private ambulance operators out of town. He said the union does not agree to enter into any type of
private ambulance work unless it is negotiated at the table. He said the city only has seven
ambulances to provide EMS services.
Council Member Kinnison said this is not an attempt to increase the city's revenues but rather
it is based on cost-recovery. Responding to questions fi.om Mr. Kinnison, Mr. John Murray, EMS
Director, said that currently the state inspects every ambulance service every two years; staff is
proposing that there be an annual inspection as well as spot inspections. He said staffbelieves the
private ambulances should be required to provide the services they say they will provide. He said the
Minutes - Regular Council Meeting
July 23, 2002 - Page 15
only real change is in the fee structures and moving the responsibility from the Health Department
to the Fire Department. Mr. Kinnison said he would like staff to address the concern of one of the
private providers that their vehicles not be fomed out of service for an extended period of time.
In reply to another question fi.om Mr. Kinnison, Mr. Reining said that in 1986 the Council
superseded all the specific insurance requirements in all the various ordinances where basically the
Risk Manager sets the insurance rotes. He said coverage changes regularly, including what is covered
in any one year under a specific policy. He said he thinks Section 17-15 provides the guidance the
Risk Manager needs to follow in setting those insurance rates. A brief discussion ensued.
Mr. Kinnison questioned whether the private companies would really want to take on the
city's clients since many of them do not pay. He also asked staff to look into the possibility of
allowing private ambulance operators the opportunity to opt out of being used as a back-up for the
city's ambulance services, which means they would not have to pay the new fees.
Council Member Colmenero reiterated that this proposal is based on a cost-recovery basis.
Responding to a question fi.om Mr. Colmenero, Mr. Murray said the new Medicare structures are
being phased in over a period of years, including specific provisions that allow private companies
to charge more for their service than if it is a non-911 call. Mr. Garcia pointed out that the private
companies have contract arrangements with the hospitals and nursing homes so their guarantee of
payment is much higher than when the Fire Department's EMS units respond to emergency calls.
He noted that the city is the health care provider of first resort for many poor people in the
community.
Mr. Colmenero expressed concern that staff has not been communicating with private
operators. Mr. Murray said staff met with most of the private providers several weeks ago and they
were called to tell them about the proposed ordinance. Mr. Colmenero suggested that the city
develop some sort of cooperative working arrangement with the private providers. Fire Chief J.J.
Adame noted that the city responds with advanced life support to all medical calls and he does not
advocate lessening that level of service.
Council Member Kelly asked if the level of inspections will remain the same and Dr. Ardys
Boostrom, Acting Director of Public Health, replied affu-matively. She said the issue is that the
Health Department staffproviding the inspection service are registered sanitarians who work in food,
septic system and daycare inspections. Additional mining is required for them to provide ambulance
inspections and they feel the Fire Department staff would be better suited to do so. She said the
Health Depa~hnent is not currently recovering the cost they are charging, which is $100 for the
inspection. Mr. Gan:ia said the Health Department makes $3,000 a year for conducting inspections.
Mr. Murray said staff used the taxicab ordinance as a template in developing the ambulance
ordinance but there are significant differences, such as a cap on the road use fee.
Mr. Kelly asked how long an ambulance inspection takes. Mr. Murray replied that it takes
a minimum ofune hour due to the large quantities of supplies and equipment that are carried. Mr.
Kelly asked if there are any records of non-compliance for either city or private ambulances. Mr.
Murray said the city is meeting the Health Department's standards and have never had any delay in
Minutes - Regular Council Meeting
July 23, 2002 - Page 16
obtaining their permits.
Responding to Council Member Noyola, Mr. Murray said the total projected revenue from
these proposed changes is slightly more than $13,000. He said the former Director of Public Health,
Dr. Nina Sisley, requested that the responsibility for permitting Corpus Christi ambulances be
reassigned but she did not specify a particular depashnent. Mr. Noyola commented on the services
provided by private ambulance companies and the proposed fee increases, which Mr. Murray further
explained. Mr. Gareia said the base ambulance ordinance goes back to 1958 and the last time the fees
were amended was in 1985. Mr. Noyola said the city should have been slowly increasing the fees
over the years rather than all at once.
Council Member Garrett asked how much the city uses the private ambulances for back-up
in an average month. Mr. Murray said it is about 1 ~ times per month. He said the dispatch records
indicated a total of 22 times in the last 18 months. Mr. Garrett said the private ambulances get paid
well for providing services at sporting events.
Responding to Mr. Kinnison, Ms. Lee Ann Dumbauld, Director of Finance, explained the
current insurance requirements for professional services and regular contracts, adding that Risk
Management has not looked at ambulance permits in the past. Mr. Kinnison asked staff if they are
ready to implement this ordinance if it is approved, and Ms. Dumbauld replied affirmatively.
Mr. Kinnison then made a motion to amend Item 32 to give any operators of private
ambulance services the opportunity to opt out of being used as a back-up for the city's ambulance
services. He said those operators should be allowed to stay under the current license fee while those
who wish to provide back-up services for the city would be subject to the new license fee. Mr. Kelly
seconded Mr. Kinnison's motion to amend. He said that sounds like a reasonable compromise
because it allows operators to continue under the current system.
In reply to Mr. Garrett, Mr. Garcia said the inspection requirement would be the same for all
ambulances but the fee would be different depending on whether a private company wishes to be
called to provide hack-up services to the city's ambulances. Mr. Garrett said he was concerned that
all of the private companies will opt out of providing back-up services to the city. Mr. Colmenero
said he would still like to see more opportunities for the city and the private sector to work together
and he requested copies of the ambulance equipment lists.
Mr. Noyola asked if the city has a higher inspection standard than the state. Mr. Murray said
they do because the city inspects every year with one spot inspection during that year while the state
inspects only every two years. He said a company would not be able to operate until they correct any
deficiencies that are identified. Dr. Boostrom said there are eight service companies that are currently
fairly stable with 24 ambulances and 101 attendants.
Mayor Pro Tem Scott asked for staff's response to Mr. Kinnison's motion to amend. Mr.
Garcia said staff can accommodate those changes. Mr. Scott said he cannot imagine the Council
supporting a privatization initiative without extensive conversations with city staff and the private
sector. Mr. Garcia explained that privatizing the existing Fire Depamnent ambulance service has not
Minutes - Regular Council Meeting
July 23, 2002 - Page 17
been an option and staff has never considered that. He said they have considered broadening the
services they provide with their existing ambulance service and other things, although they would
not do it with firefighters and could not do so without Council approval. He said it is important for
the city to have a reserve capacity to respond to major incidents.
City Secretary Chapa polled the Council for their votes on Mr. Kinnison's motion to amend
Item 32 and it passed as follows: Scott, Colmenero, Garrett, Kelly, and Kinnison voting "Aye";
Longoria and Noyola voting "No"; Neal and Chesney absent. Mr. Chapa polled the Council:
32. ORDINANCE NO. 024970
Ordinance amending the Code of Ordinances, Chapter 57, Vehicles for Hire, Article IV,
Ambulance Service, to change the designation of the permit officer and the responsible
department, update a statutory reference, adjust fees, establish street use and reinspection
fees, clarify insurance requirements and application information, and repeal provisions
regarding delivery of a body; providing for an effective date.
The foregoing ordinance passed on second reading, as amended, as follows: Scott,
Colmenero, Gan'eR, Kelly, Kinnison, and Longoria voting "Aye"; Noyola voting "No"; Neal
and Chesney absent.
Mayor Pro Tem Scott opened discussion on Item 33, access line service fee.
Mr. J.E. O'Brien said there are many charges and fees assessed on everyone's telephone bills
and he questioned whether another 40 cent charge is needed. He said about five years ago when the
Council decided to eliminate the 50 cent surcharge for the Council of Governments (COG), they
increased the phone rate by about $1.30 and citizens were told the 50 cents would be reduced from
that amount. He said by passing this action today, this Council is going back on the word of the
Council five years ago and the net result is citizens will save 10 cents.
Mr. Kinnison asked staffto respond to Mr. O'Brien's comments. Mr. McDaniel explained
that there are two separate issues. There is a fee the city collects through the franchise fee for rental
of the city's right-of-way. During that time period, there were double-digit increases in
telecommunications fee revenue. Now staffis asking for the Council to adopt a 40 cent 911 service
charge fee, which is a totally different item. He said that fee was previously collected by the COG
for a regional program at 50 cents per telephone line. He said the city felt its share of the revenue was
not being put back into the community so they successfully brought a lawsuit.
Mr. Kiunison asked if the city is fully recovering its costs for the 911 service and Mr.
McDaniel said they are not, which means that the city is subsidizing the cost with other revenue
sources. He added that staff surveyed 21 cities and there were one or two cities charging less than
40 cents. City Manager Garcia said most of them charge between 70 and 80 cents per phone line.
City Secretary Chapa polled the Council for their votes as follows:
Minutes - Regular Council Meeting
July 23, 2002 - Page 18
33. ORDINANCE NO. 024971
Ordinance adopting a monthly forty-cent local exchange access line service fee to provide
for the purchase, installation, and maintenance expenses, including some required personnel,
of 9-1-1 service in the City of Corpus Cbxisti, Texas.
The foregoing ordinance passed on second reading by the following vote: Scott, Colmenem,
Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Neal and Chesney absent.
Mayor Pro Tem Scott referred to Item 35, and a motion was made, seconded and passed to
open the public hearing on proposed assessments for improvements to the following highways in
Corpus Christi, Nueces County, Texas: Birmingham Street from Airline Road to Lyons Street and
Lyons Street from Airline Road to end of street. There were no comments from the audience. City
Secretap~ Chapa polled the Council for their votes as follows:
35.b. ORDINANCE NO. 024973
Ordinance closing the public hearing on proposed assessments for improvements to the
following highways in Corpus Christi, Nueces County, Texas: Birmingham Street from
Airline Road to Lyons Street and Lyons Street from Airline Road to end of street; imposing
assessments totaling $126,514.51 against property abutting the improvements, affected
railways, and property and railway owners; fixing corresponding liens on property and
charges against property owners; providing for subsequent adjustment of assessment amounts
and the corresponding liens and charges based on as-built conditions; specifying assessment
payment terms and lien enforcement measures.
An emergency was declared and the foregoing ordinance passed: Scott, Colmenero, Garrett,
Kinnison, Longoria, and Noyola voting "Aye"; Neal, Chesney and Kelly absent.
35.c. M2002-233
Motion authorizing the City Manager or his designee to execute a construction contract in
the amount of $1,024,912.74 with Salinas Construction of Pleasanton, Texas for the
following: Birmingham Street from Airline Road to Lyons Street and Lyons Street from
Airline Road to end of street.
The foregoing motion passed by the following vote: Scott, Colmenero, Garrett, Kinnison,
Longoria, and Noyola voting "Aye"; Neal, Chesney and Kelly absent.
Mayor Pro Tern Scott called for a short recess. Upon reconvening, he referred to the
presentation on the day's agenda (Item 37), Bond Issue 2000 quarterly report No. 5. Mr. Angel
Minutes - Regular Council Meeting
July 23, 2002 - Page 19
Escobar, Director of Engineering Services, said that of the 46 different projects, 29 construction
contracts have been awarded equaling about $18 million. He said 16 projects have been completed
and another nine projects are pending their "punch lists." Mr. Escobar then reviewed the projects in
the following categories: public health and safety, park and recreation/museum, streets, seawall, and
arena. Mr. Scott asked about the irrigation project for South Guth Park. Mr. Escobar said it is
pending completion in the next 30 days.
Responding to Council Member Colmenero, Mr. Escobar said the convention center is being
constructed in the same time sequence as the arena. Mr. Colmenero also asked about the Home Road
expansion project. Mr. Escobar said the city's construction will occur much later than that by the
Regional Transportation Authority. He added that the senior center projects have been completed.
Council Member Gan:eR asked about the Waffic light project at 19th and Morgan and Mr.
Escobar said it is an upgrade. Mr. Garrett asked if those lights will be synchronized with nearby
intersections. Mr. Escobar said the synchronization is being addressed through ground rules between
the city and the Texas Department of Transportation. Council Member Noyola said there needs to
be a lefl mm light at 19th and Morgan and Mr. Garrett said that will be corrected.
Council Member Kelly asked about the completion date for the new signalization of the last
four intersections. Mr. Eseobar replied that bids will be received in October 2002 and construction
will start the following month with completion in June 2003. Mr. Kelly commended staff for keeping
up with all the projects and maintaining the schedules.
Council Member Noyola asked about the street resurfacing project on South Staples from
Gollihar to Williams. Mr. Eseobar said staff is waiting for the Gollihar, Ayers and Up River Road
projects to be bid to see where they stand financially. He said there may be a deductive change order
for the Alameda project which may be used. Mr. Noyola also asked about street improvements on
Cliff Maus Road (FM 665 to Rockford Road). Mr. Escobar said Central Power and Light is now
relocating their utility lines and road construction will start in late September. Mr. Noyola said
flashing lights are needed at the four-way stop in that location.
Council Member Kiunison said these quarterly reports are helpful in continuing to inform
the Council and the public about the status of the bond projects. He noted that these are just the
beginning of the infrastructure improvements that need to be made and the Council plans to go back
to the voters in 2004 to approve more projects. He also asked about the synchronization of key traffic
lights. Mr. Escobar said they are working to obtain the equipment to start that process.
Mayor Pm Tem Scott asked when the contract will be awarded for the arena project. Mr.
Kevin Stowers, Assistant Director of Engineering Services, said staffshould receive final plans and
advertise the project in September with the award scheduled in October 2002. Mr. Scott said the
successful completion of these projects will also positively impact the economic development ballot
issues in November 2002 by restoring citizens' faith in city government.
Minutes - Regular Council Meeting
July 23, 2002 - Page 20
Mayor Pro Tem Scott opened discussion on Item 38, second reading of the budget ordinance.
He called for comments from the audience.
Mr. J.E. O'Brien said he opposes the adoption of this budget because this is the wont budget
process regarding any public input he has seen in 23 years. He said the city has had a substantial
valuation increase, which results in increased revenues. He suggested that the city consider taking
the following actions: increasing the over 65, disability, and homestead exemptions from $50,000
that inflation has been eroding; allowing a discount for the early payment of taxes; and possibly
reducing the tax rote. He said it would be prudent for the city to reinstitute an internal auditor
position and he added that the budget needs a lot more work.
Mr. Jose Marroquin said the Council does not consider the public because the time period
for them to speak changes. He said the city has a large fund balance in the Combined Utility Fund
and the Council still approved 5% utility rote increases. He also discussed the increase in revenues
from the increased valuations.
Council Member Kiunison said the exemptions for over 65, disability and homestead total
about $1.262 billion, which is over 10% of the gross value of all the property in the city. Mr.
McDaniel agreed, saying the major piece of that is the over 65 exemption followed by the homestead
exemption. Mr. Kiunison said the $50,000 exemption amount is also near the top of the list
compared to other cities, and Mr. McDaniel said in his experience it is. Mr. Kiunison added that the
same people who tell the Council how important it is to give city employees a raise are the same ones
who complain when the Council uses the increased revenues from the valuations for that purpose.
Mr. Kinnison said he agrees that the budget public hearing should be scheduled at a specific
time. However, he said the reason there has not been very much public comment about the budget
is because the city's financial condition has improved tremendously over a very short period of time.
In addition, the city has had three upgrades in its bond rating and has gone from having practically
no money in reserves to over $10 million.
Mr. Kinnison said in order for the Council to pass the budget, they need to tint amend it to
include the additional revenue from the increased valuations. Mr. McDaniel explained that staff
budgeted a 4.5% increase while the final number was 4.95%. He said in the General Fund that
equates to an additional $157,652 and staffrecommends using $50,000 to help pay for the November
2002 election with the balance to be added to the General Fund contingency. Mr. McDaniel said staff
is also asking staff to roll forward $20,000 in the Maintenance Services Fund that had been
earmarked for a skate park that will not be able to be used by the end of the fiscal year. He said the
debt service portion of the increase in the tax roll is $63,105, which will go to the Debt Service Fund.
Mr. Kiunison made a motion to amend Item 38 as stated by Mr. McDaniel, seconded by
Council Member Colmenero. Mr. Kinnison thanked the Budget Director and his staff for being very
responsive to the Council's questions and requests, which is a great improvement over past years.
Mr. Colmenero commented on the many ways in which the city's fmancial situation has changed for
the better, while at the same time acknowledging the $200 million to $300 million worth of public
works that have to be done.
Minutes - Regular Council Meeting
July 23, 2002 - Page 21
Mayor Pro Tem Scott also commented on how things have changed over the last three years
and he complimented Mr. MeDaniel and staff fur their efforts. He also asked if there is a change in
the revenue projections of Reinvestment Zone No. 2. Mr. McDaniel said it is basically the same--
about a 5% growth.
City Secretary Chapa polled the Council for their votes on Mr. Kinnison's motion to amend
Item 38 as stated by staff. The motion passed as follows: Scott, Colmenero, Garrett, Kelly, Kinnison,
Longoria and Noyola voting "Aye"; Neal and Chesney absent. Mr. Chapa then polled the Council:
38. ORDINANCE NO. 024974
Ordinance adopting the City of Corpus Christi budget for the ensuing fiscal year beginning
August 1, 2002 to be filed with the County Clerk; appropriating monies as provided in said
budget.
The foregoing ordinance passed on second reading, as amended: Scott, Colmenero, Garrett,
Kelly, ICinnison, Longoria and Noyola voting "Aye"; Neal and Chesney absent.
Mayor Pro Tem Scott called for petitions from the audience.
Mr. J.E. O'Brien wished Mayor Neal a speedy recovery and said he hopes he will become
a strong advocate of some citizens' proposed charter amendment for a strong-mayor form of
government. Mr. O'Brien, President of the Corpus Christi Taxpayers Association, announced that
they have concluded their petition chive to change the form of government. He said Mr. Bill Kopecky
will be submitting to the City Secretary 479 separate petitions that contain nearly 9,600 signatures,
of which they have verified 8,295 names. He said they should have ample signatures for a successful
petition drive and a place on the November ballot and are anticipating a successful election.
Mr. Bill Kopecky said the petitions were gathered entirely by volunteers. He said he wanted
to refute the accusation that they have been misleading the people about this issue. He said they
explained that this is to start the process to move toward a strong-mayor-council form of
government, which would not be effective until April 2005. He said should the issue pass (and they
think it will), this will give the Council the opportunity to appoint a Charter Review Commission
consisting of citizens to make all the other changes necessary to implement a strong-mayor form of
govemment.
Mr. Jack Gordy said that on July 10, 2002 he requested a copy of the Attorney General's
opinion saying there could not be a choice on the ballot for the location of a baseball stadium but he
did not receive it. He said that on July 16th the City Attorney discussed the location issue in relation
to the ballot and the next day Mr. Gordy requested a copy of any legal document that exists that
prohibits this City Council from giving the people a choice of location for the baseball stadium on
the ballot. He said as of this morning staff has not found that information. He said every week the
Council is given bad information and he urged them to start asking more questions. Council Member
Minutes - Regular Council Meeting
July 23, 2002 - Page 22
Noyola asked staff to provide citizens with the information they request if it is available.
Mr. Craig LeBlanc said that last weekend he relocated his boat to the city's marina. He said
the harbor master and his staff were very courteous, helpful and efficient and he encouraged the
Council to recognize their efforts.
Mr. Jose Marroquin said the city has an excessive amount of debt and the city is not in good
financial shape. Council Member Longoria said that multi-million dollar projects are accomplished
by borrowing the funds and not with cash. In the same way, very few people are able to pay cash for
a house, for instance.
Council Member Kinnison said he believes the bond rating agencies' opinion about the city's
financial condition. He added that he hopes each Council member takes the petition on the strong-
mayor form of government very seriously and works to inform the public about the issue. He said
there was a reason Corpus Christi changed to a Council-manager form of government and he invited
people to investigate the problems being experienced by cities with strong-mayor governments.
Mayor Pro Tern Scott asked what happens next with the strong-mayor petition. City Secretary
Chapa said his office will begin the verification process immediately. They have already obtained
the list of registered voters fi.om Nueces County to determine how many registered voters there are
in the city limits minus the "suspense" voters, resulting in the percentage of siguatures that will be
required for the petition. He said that approximately 7,000 to 7,200 signatures will be required for
the petition to be valid. He said it should take his office about 10 to 12 work days to verify the
signatures. If the petition is determined to be valid, on August 20, 2002 the Council will amend the
election ordinance to include a charter amendment containing the verbiage fi'om the petition. Mr.
Chapa added that the ordinance can be amended up to 45 days before the November 5th election.
Mayor Pro Tem Scott opened discussion on Item 39, Municipal Court judges compensation
study. He announced that the Council would go into executive session under Texas Government
Code Section 551.074 regarding the evaluation of Rodolfo Tamez, Chief Municipal Court Judge,
with possible discussion and action related thereto in open session. The Council went into executive
session. The Council returned from executive session.
Council Member Longofia, Chairman of the Municipal Court Committee, made the following
motion, which was seconded by Council Member Noyola. There were no comments fi.om the
audience. City Secretary Chapa polled the Council for their votes as follows:
39. ~
Motion authorizing the new salary ranges for the Presiding Municipal Court Judge and the
Municipal Court Judges as recommended by the compensation study and increasing the Year
1 salary of the Presiding Judge by 10% and the Municipal Judges by 5%.
Minutes - Regular Council Meeting
July 23, 2002 - Page 23
The foregoing motion passed by the following vote: Scott, Colmenero, Garrett, Kelly,
Longoria, and Noyola voting "Aye"; Neal, Chesney and Kinnison absent.
Mayor Pro Tern Scott recessed the regular Council meeting for the meeting of the Corpus
Christi Community Improvement Corporation (Item 40).
Upon reconvening, City Secretary Chapa announced that the executive session regarding Jon
Harwood et al v. City of Corpus Christi, No. 00-4149-G, 319a District Court, Nueces County, Texas,
had been withdrawn.
Mayor Pro Tem Scott called for the City Manager's report. Mr. Garcia noted that the city is
celebrating its sesquicentennial on September 9, 2002 and staff was requesting that the regularly
scheduled Council meeting of September 10th be moved to September 9th instead. Mr. Garrett made
a motion to move the Council meeting of September 10, 2002 to September 9, 2002. The motion
passed. Mr. Garcia also noted that Wednesday, September 11, 2002 is the first anniversary of the
terrorist attacks in New York City and the Pentagon. He said a memorial service is being planned
to begin at the time the attacks began that morning. The City Manager said the next Council meeting
will be held on August 20, 2002 with a joint meeting of the Crime Control Board.
Mayor Pro Tem Scott called for Council reports. Mr. Garrett noted that a public hearing is
scheduled on August 20th regarding the wrecker ordinance. He asked if city staff are planning to
meet with the wrecker company representatives before that time. Mr. Garcia said staff is developing
a very detailed dratt ordinance and they plan to advise the representatives of those proposals. Mr.
Garrett also asked if city staff periodically check the quality of the lunches served at the senior
centers. He said he has received complaints about the food at Lindale Senior Center. Mr. Dan
Whitworth, Director of Park and Recreation, said the menus are developed by a nutritionist and
prepared at the Central Kitchen and delivered to the sites. He said staff will look into that issue. Dr.
Boostrom said the Health Department checks all food establishments in the city for safety issues.
Mr. Noyola asked staff to talk to Texas Department of Transpotlation officials about the need
to mow the grassy areas on the highway medians and rights-of-way. He added that the sand traps at
Lozano Golf Course need more sand in them and he said he heard that 60 new pull carts had been
purchased and were all sent to the Oso Golf Course, while the older carts were sent to Lozano. Mr.
Whitworth said he would look into that.
Mayor Pro Tem Scott said the Council wished Mayor Neal a speedy recovery and he
encouraged citizens to participate in the National Night Out on August 6th. He reiterated that this
is the most successful budget the city has had in about 15 years and staff deserve a great deal of
credit. He said they are leading up to an ambitious fall schedule with the November election. He said
he hopes the citizens agree that they are moving in the right direction.
There being no further business to come before the Council, Mayor Pro Tem Scott adjourned
the Council meeting at 6:30 p.m. on July 23, 2002.
PRESENT
Mayor Samuel L. Neal Jr.
Mayor Pro Tern Mark Scott
Council Members:
Javier D. Colmenero
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
ABSENT
Brent Chesney
John Longoria
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Special Council Meeting
August 1, 2002 - 4:00 p.m.
City Staff:
City Manager David R. Garcia
City Attorney James R. Bray Jr.
City Secretary Annando Chapa
Recording Secretary Rachelle Parry
Mayor Neal called the meeting to order in the Council Chambers of City Hall. City
Secretary Chapa called the roll and verified that the necessary quorum of the Council and the
required charter officers were present to conduct the meeting.
Mayor Neal announced the executive session, which was listed on the agenda as follows:
Executive session pursuant to Texas Government Code Sections 551.071, 551.072 and
551.087 regarding acquisition and development of a site for a minor league baseball
stadium in the Arena/Convention Center/Port of Corpus Christi area, location of a
professional baseball franchise in the facility, and possible lease agreements with the Port
of Corpus Christi Authority and RSR Sports implementing the stadium, with possible
discussion and action related thereto in open session.
The Council went into executive session. The Council returned from executive session.
Mayor Neal called for petitions from the audience.
Mr. J.E. O'Brien, 4130 Pompano, read from an article that appeared in the Wall Street
Journal which stated that sports stadiums actually reduce per capita income in their hometowns.
He said city staff provide misinformation and he questioned a statement by staff about previous
utility rate increases of 40% to 50%. He said staff failed to mention the 6% rate cap that voters
approved in 1990. Mr. O'Brien said that through July 31, 2001, in the last five years utilities
netted over $74 million. He said the rate increases affect every business in the city yet the
Council euntinues to talk about economic development. He questioned whether the U.S.S.
Minutes - Special Council Meeting
August 1, 2002 - Page 2
Lexington Museum on the Bay and the Texas State Aquarium can continue to increase their fees.
He also criticized the decision to abolish the internal auditor position.
Mr. Bill Kopecky, 3609 Topeka, said there used to be a ballpark in Corpus Christi called
Shep's Palms, which he believes was built totally with private funds by George Shep, a minor
league baseball legend throughout the south and southwest. He said if there is a market for minor
league baseball, the team itself should be able to build its own park. He also urged the Council to
read an article in last week's San Antonio Express-News regarding a minor league ballpark. The
article notes that there are no Texas league teams currently available and most leagues, including
the Texas league, have a nde prohibiting the same family fi'om owning two clubs in the same
league.
Council Member Scott said he did not think the role prohibited the same family but rather
the same individual from owning two teams. Mr. Kopecky said the league members have to vote
on it. Council Member Kinnison said no money would be spent on a ballpark unless a team is
coming in. He said that is an issue that will be cleared up after the November 2002 election. Mr.
Scott s aid t here i s a n article i n t he S tmday edition of the New York Times that discusses the
significant impact of minor league baseball stadiums across the country in revitalizing key
areas of cities. Council Member Kelly said this week Time magazine also addressed minor
league baseball and they mentioned San Antonio's team. He said in the same issue there was an
article about San Antonio being one of the best places to retire. He said a minor league team has
tremendous economic oppommities for Corpus Christi.
Mr. Kinnison said the supporters of the ballpark are trying to create a family
entertainment venue through a baseball situation. He said the public subsidizes it so they can go
there for a reasonable price. He said if they were willing to take the risk, owners of minor league
teams could build their own stadiums. However, many families would not be able to attend the
games because instead of costing $5 per person, the games would have to cost $30 a piece in
order to pay for the ballpark.
Mr. R.F. Hasker, 1813 Wallace, read a letter to the editor of the Corpus Christi Caller-
Times from Kenneth Brown in which he discussed how citizens have trusted the Council to
provide services for them. He said the Council is more worried about a ballpark than housing and
unpaid city employees.
Mr. Scott responded to Mr. Brown's letter to the editor, saying that the city did not turn
down park improvements and he discussed police and fire services on the newly annexed areas
of Mustang and Padre Islands. Mr. Scott also noted that the city's Engineering Department
provides quarterly updates on city bond projects, including street projects, and he said Mr.
Brown was not accurate when he discussed raising taxes for Packery Channel. Mr. Kinnison
encouraged Mr. Brown to call him to discuss his concerns and he said many letters to the editor
are totally untrue and need to be corrected.
Mr. Jack Gordy, 4118 Bray, said that previously City Attorney Bray has cited documents
stating t hat election 1 aw p inhibits t he city from giving voters a choice on the location of the
baseball stadium. Mr. Gordy said he received a copy of the letter from the Secretary of State and
it does not mention the location issue but it says there have to be separate propositions on the
ballot. He said he believes the citizens deserve a choice on the location of the baseball park.
Minutes - Special Council Meeting
August 1, 2002 - Page 3
Mr. Bray said the reason the Secretary of State's office said that the Austin charter
provision was contrary to state law was because it provided for alternative ballot propositions.
The Attorney General s aid t he election c ode says cities w ill submit a proposition o n a b allot
either for or against the proposition. Consequently, it precludes putting on the ballot language
that asks voters if they would like a baseball stadium at "Location A or B." Responding to Mr.
Kinnison, Mr. Bray said city staffhave talked with state offices over the years because this issue
has come up before. He said his opinion is based on those conversations as well as directly on
what the election code states.
Mr. Jose Marroquin, 2433 Allencrest, said if the Council wants voters to trust them, they
need to respect voters and seek their input. He said the Council does not view revenue bonds as
debt but it is a debt that the citizens have to pay. He said even if the city has good credit that does
not mean it needs to incur more debt. Mr. Scott said the Council members are all citizens too and
they have to make payments as well.
There being no further business to come before the Council, Mayor Neal adjoumed the
Council meeting at 5:32 p.m. on August 1, 2002.
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a. CABLE COMMUNICATIONS COMMISSION - Two (2) vacancies with three-year
terms to 7-27-05.
DUTIES: To advise the City Council on adherence to the provisions of any franchise
agreement approved by the City Council, recommend regulations, encourage, develop and
promote the use of access channels, assure that access channels offer a diversity of
programming and services, work with user groups to develop sources of funding, conduct
evaluations of the cable system and review and audit reports, and advise the City Council on
rate adjustment requests.
COMPOSITION: It shall consist of five residents of the City of Corpus Christi appointed
by the City Council. No person or employee with ownership interest in a cable
communications franchise granted by the city shall be eligible for membership on the
commission. Each commission member shall be at the time of appointment, or shall become
within thirty days after appointment or the availability of cable service, a subscriber to a
cable communications system holding a franchise in the city. The commission shall select
from its membership a chairperson and a vice-chairperson whose terms shall be one year.
MEMBERS TERM
ORIGINAL
APPTD. DATE
* Norma Torres, Chairperson
Hector T. Morales
Joel Yowell
** Charles A. Spencer
7-27-02 2-17-98
7-27-03 5-11-99
7-27-03 8-22-00
7-27-02 7-13-99
* Seeking reappointment
** Not seeking reappointment
ATTENDANCE RATE OF MEMBER SEEKING REAPPOINTMENT
NAME
Norma Torres, Chairperson
NO. OF MTGS.
THIS TERM
NO. % OF ATTENDANCE
PRESENT LAST TERM YEAR
4 *2 50%
*One absence was due to the death of a family member.
OTHER INDIVIDUALS EXPRESSING INTEREST
George A. Garcia
Revenue Officer, Internal Revenue Service. Attended
the University of Maryland and Houston Community
College. Community activities include: Arts &
08-20-02.wpd, p. 1
Roy Martinez
Richard Pulido
James Robbins
Lawrence H. Wilk, M.D.
Environments Committee - Most Precious Blood
Church and volunteer mediator with Dispute
Resolution Center. (5-24-02)
Letter Cartier, U.S. Postal Service. Member of
American Legion, G.I. Forum, Disabled American
Veterans, and National Association of Letter Carriers.
Has been recognized by the Postal Service for
customer service. (11-02-99)
C41 Superintendent, U.S. Navy. B.S. in Business
Management. Chairman of the Prostate Cancer
Committee/American Cancer Society. Active in
Special Olympics, Red Cross and Drag and Alcohol
Advisor. Currently serving on the Corpus Christi
Bay Area Minority Business Opportunity Steering
Committee - will resign if appointed. (7-11-02)
Retired pilot and air traffic controller. Certification in
Ministry, Howard Payne University;, A.A.S. in Mid-
management and Communications, North Lake
College, Irving, Texas. Activities include: Volunteer
chaplain at Bay Area Hospital, and church missions
(Brazil, Costa Rica, Turkey, Viet Nam, Peru and E1
Salvador). ($-10-02)
Orthopaedic Surgeon. B.S. in Psychology, University
of Michigan; M.D., Orthopaedic Residency.
Currently serving on Coastal Bend Health Facilities
Development Corporation. (2-04-00)
08-20-02.wpd, p. 2
COMMUNITY YOUTH DEVELOPMENT (78415) PROGRAM STEERING
COMMITTEE - Five (5) vacancies with two-year t¢,ms to 8-31-04, three (3) of which
represent the category of 78415 resident.
DUTIES: To advise the City Council on a periodic basis, as requested by the City Council,
regarding the progress of the Community Youth Development Program and make
recommendations to the City Council on items pertaining to the Community Youth
Development Program.
COMPOSITION: Nine (9) voting members with two-year, staggered terms. The officers
of the committee shall be residents of the 78415 zip code area. Terms are for two-year. State
guidelines require that at least 51% of thc collaborative steering committee members must
be community residents or people closely connected to the community who are not social
service providers. State guidelines also require that no members of the committee maybe
related to each other. State guidelines also require that no individual who is employed
by the Fiscal Agent (City of Corpus Christi) or any organization submitting a orooos~d
for funding through the CYD Pro,,ram. or their immediate family members, may serve
on the committee. An expiration date for this committee was set as August 31, 2003, unless
funds for the program end sooner.
MEMBER TERM
ORIGINAL
APPTD. DATE
* Jackie Martin (78415 ResidenO, Chairman 8-31-02
* * Dick Leonard, Vice-Chairman 8-31-02
*** Kimberly K. Rhodes (78415 ResidenO 8-31-02
Bobbe Jo Colburn 8-31-03
Rafael Alvarez (78415 ResidenO 8-31-03
Andrea Walter 8-31-03
Roxana Arevalo (78415 Reslden0 8-31-03
** Sharon Williams (78415 ResidenO 8-31-02
** Verla Varino 8-31-02
5-27-96
4-25-00
8-21-01
8-21-01
2-13-01
8-21-01
2-13-01
9-12-00
9-12-00
* Has met the six-year service limitation and is ineligible for reappointment
** Seeking reappointment
*** Has exceeded the number of absences allowed by ordinance
NOTE: Kimberly K. Rhodes (78415 resident) is requesting that the Council consider
reinstating her to this committee. Ms. Rhodes missed the meetings due to a medical
condition. She bas resolved theproblem and feels that she would now be able to attend
meetings on a regular basis.
08-20-02.wpd, p. 3
ATTENDANCE RATE OF MEMBER SEEKING REAPPOINTMENT
NAME
NO. OF MTGS.
THIS TERM
NO. % OF ATTENDANCE
PRESENT LAST TERM YEAR
Dick Leonard, V-Chair 8
Sharon Williams (78415 res.) 8
Verla Varino 8
8 100%
8 100%
6 75%
OTHER INDIVIDUALS EXPRESSING INTEREST
Clifford E. Bost
Assistant Public Information Officer, Texas
Department of Transportation. B.A. in
Communication, TV/Film from Texas A&M
University - Corpus Christi. Community activities
include: Cubmaster P-11 for Boy Scouts of America
(BSA), President of Coastal Bend Top Soccer,
Chairman of the Planning Advisory Committee for
Nueces CountyMI-lMR. Recipient of the Texas Dept.
of Protective and Regulatory Services Foster Parent of
the Year Award and the BSA District Award of Merit.
(8-06-02)
Emmelinda Figueroa
Administrative Secretary in the Early Childhood
Development Center, Texas A&M University-Corpus
Christi. Volunteers with the Holy Family Catholic
Church. (78415 residenO (8-14-02)
Dorrinda Garza
Community volunteer. Activities include the
following: member of the PTA from 1987 to present,
Operation Graduation 2000-2001, baseball coach with
South Side Youth Sports for 16 years, and volunteer
with CBS swim team for 10 years. (78415 Residen0
(7-10-02)
Marilyn J. Kostelnik
Assistant Professor of Nursing, Texas A&M
University-Corpus Christi. Registered nurse and
holds a Bachelor's degree and Master's degree in
Nursing. Has participated in the following
community activities: Tattoo removal, Special
Olympics and the Muscular Dystrophy Association.
(10-09-0 0
08-20-02.wpd, p. 4
FOOD SERVICE ADVISORY COMMITTEE - Two (2) vacancies with three-year terms
to 6-24-05 representing the following categories: 1 - Food industry and 1 - Community at
large.
DUTIES: The functions will be to advise the Director of Health on application of
ordinances regarding food and food establishments, review the permit fees annually to ensure
the cost of the program is returned to the City, and to conduct hearings pursuant to the
sections of the ordinance relating to revocations and to make written recommendations to the
City health officer whether to revoke or suspend a food manager's permit, pursuant to Art.
19-84.
COMPOSITION: Seven (7) members. The membership shall consist of four local food
managers from the food service or food processing industries and three persons from the
community at large. Members of the committee shall be appointed by the City Council for
staggered terms so that at least one industry representative, and one community member are
reappointed each year. No voting member may serve more than two terms of three years
each with the exception of those initially appointed for less than a full three-year term.
MEMBERS TERM
ORIGINAL
APPTD. DATE
* D.W. Haven (Food Industry), Chairman
Carlos Moreno (Food Industry)
Bob Ard (Food Industry)
** William Schroeder (Community at Large)
Tom Watson (Community at Large)
Suzanne Greene Gilliam (Food Industry)
Gabriel Hernandez (Community at Large)
6-24-02 6-11-96
6-24-03 7-08-97
6-24-03 9-12-00
6-24-02 6-08-99
6-24-03 3-07-00
6-24-04 9-12-00
6-24-04 3-10-98
* Has met the six-year service limitation and is ineligible for reappointment
** Seeking reappointment
ATTENDANCE RATE OF MEMBER SEEKING REAPPOINTMENT
NAME
William Schroeder (Comm.)
NO. OF MTGS. NO.
THIS TERM PRESENT
% OF ATTENDANCE
LAST TERM YEAR
7 6 86%
OTHER INDIVIDUALS EXPRESSING INTEREST
John Denson
Director of Food and Beverage, Onmi Hotels. B.S. in
Hotel & Restaurant Management, University of
08-20-02.wpd, p. 5
Jody Houston
Dovie Jordan
Sharon L. Phillips
Lisa B. Pollakis
James Robbins
Houston Conrad Hilton School of Hotel and
Restaurant Management. (Food industry) (7-09-02)
Director, CCISD Foodservice. M.B.A. from Corpus
Christi State University and B.S. in Nutrition and
Dietetics from the University of Texas at Austin.
Community and professional activities include the
following: Vestry member of St. Bartholomew's
Episcopal Church and State Secretary of the Texas
School Food Service Association. (Food industry) (7-
25-O2)
Retired Cook - 21 years Bethune Day Care Center and
Peter Pan Day Care. Volunteer meal server, Oveal
Williams Senior Center. Volunteer cook, St. John's
First Baptist Church. (Community at large) (1-28-00)
Bookkeeper, South Texas Valve&Controls.
Attended San Antonio College and University of
Texas at San Antonio. Holds a real estate salesman's
license from the Real Estate Academy, San Antonio,
TX. Volunteer activities include: San Antonio
Livestock and Rodeo Association, Texas Folklife
Festival, San Antonio Conservation Society and the
Belgian-American Club of Texas. (Community at
large) (8-07-02)
Co-owner, Vick's Famous Hamburgers. B.S. in
Hotel, Restaurant & Institutional Management, The
Pennsylvania State University. Served as the
Nutrition Coordinator for Senior Community Services
with the City of Corpus Christi for ten years. (Food
Industry) (8-30-00)
Retired pilot and air traffic controller. Certification in
Ministry, Howard Payne University; A.A.S. in Mid-
management and Communications, North Lake
College, Irving, Texas. Activities include: Volunteer
chaplain at Bay Area Hospital, and church missions
(Brazil, Costa Rica, Turkey, Viet Nam, Peru and El
Salvador). (Community at large) (5-10-02)
08-20-02.wpd, p. 6
do
HUMAN RELATIONS COMMISSION - Six (6) vacancies, three of which have three-
year terms to 6-14-05 and three (3) of which represent the category of Youth representative
(not more than 20 years of age at the time of appointment). The Youth representatives shall
serve one-year terms ending 6-14-03. (Mayoral appointments subject to confirrnation by
Council)
DUTIES: To study problems of group relationships within the City, and to devise and
recommend to the Mayor and City Council ways and means of discouraging and combating
prejudice, intolerance, and bigotry in all groups in their relations with one another; to
discover all practices and policies calculated to create conflicts and tensions, and to
recommend ways and means of eliminating any unfair or unjust discrimination by or against
any person or group.
COMPOSITION: Sixteen (16) members, fourteen (14) of whom shall be appointed by the
Mayor with approval of the Council to study problems of group relationships within the City;
one who shall represent the selling of dwellings, one who shall represent the renting of
dwellings and one member of the staffofthe Legal Aid Society to serve enntinuously, and
three (3) shall not be more than 20 years of age at time of appointment serving one-year
terms. Eleven (11) members shall serve three-year terms. The Chairperson of the
Committee for Persons with Disabilities serving as an ex-officio voting member.
MEMBERS TERMS
ORIGINAL
APPTD. DATE
* Oscar Hinojosa, Sr., Chairperson
* Sylvester Peterson, Vice-Chairperson
Amy Rhoads
Nancy Vera
Laura Aguifiaga
Dr. Gustavo Valadez Ortiz
Ruth Silva
* Richard Johnson
Stuart Elovitz, M.D.
Joey Maldonado (Selling Dwellings)
Betty Black (Renting Dwellings)
** Daniel M. Gonzales (Youth)
** Wendy Lai (Youth)
* Stephanie Saenz (Youth)
Crystal Lyons (Comm. Pers. Disab. Chair)
Errol Summerlin (Legal Aide Society)
6-14-02 5-11-99
6-14-02 12-08-98
6-14-04 7-10-01
6-14-03 7-10-01
6-14-03 2-13-01
6-14-03 2-12-02
6-14-05 2-12-02
6-14-02 7-10-01
6-14-04 9-19-00
6-14-03 7-11-00
6-14-04 7-10-01
6-14-02 7-10-01
6-14-02 7-10-01
6-14-02 7-10-01
Ex-officio (Voting)
Continuous
* Seeking reappointment
** Not seeking reappointment
08-20-02.wpd, p. 7
ATTENDANCE RATE OF MEMBERS SEEKING REAPPOINTMENT
NO. OF MTGS.
NAME THIS TERM
NO. % OF ATTENDANCE
PRESENT LAST TERM YEAR
Oscar Hinojosa, Chair
Sylvester Peterson, V-Chair
Richard Johnson
Stephanie Saenz (Youth)
10 10 100%
10 8 80%
10 8 80%
10 9 90%
OTHER INDIVIDUALS EXPRESSING INTEREST
Karleen Engel
Senior, Ray High School. Ranked 10~ in her class.
Member of the National Honor Society, the Junior
Council Secretary, the Varsity Soccer team and the
Spanish Honor Society. Community activities
include: National Conference for Community and
Justice Youth Council, Operation Paintbrush and th e
C.C. Federation of Temple Youth Community
Service. (7Youth) (6-07-02)
George A. Garcia
Revenue Officer, Intemal Revenue Service. Attended
the University of Maryland and Houston Community
College. Community activities include: Arts &
Environments Committee - Most Precious Blood
Church and volunteer mediator with Dispute
Resolution Center. (5-24-02)
Mary Helen Salazar
Owner, SS Structure, Inc.; Co-Owner, S & S Painting
& Drywall Company. Associate's degree in
Marketing, Del Mar College. 1999 President of
LULAC Council No. 1. Past member of Minority
Contractors Council and Hispanic Chamber of
Commerce. (2-01-00)
Neil Smith
Senior, RayHigh School. Activities include: member
of the Temple Youth group, Texas Sailing
Association Youth Cimnit Regattas, Junior Vice
Commodore at the Corpus Christ Yacht Club.
Awards include: Texas Trig-Star Champion in 2001
and recipient of a National Merit Letter of
Recognition. (Youth) (6-11-02)
08-20-02.wpd, p. 8
Lynne Van Gould
Case Manager, Metro Ministries. Holds a Texas
Certificate in Case Management. Community
activities include: President of Dress for Success,
former member of Homeless Issues Partnership and
HUD Work 2001 Advisory Council. (6-27-01)
08-20-02.wpd, p. 9
e. PARK AND RECREATION ADVISORY COMMITTEE - Four (4) vacancies with two-
year terms to 8-23-04.
DUTIES: To provide advice on City parks and buildings therein, public outdoor recreation
areas and centers and other grounds under its purview by the City Manager.
COMPOSITION: Eleven (11) members appointed by the City Council, who are residents
of the City and serve without compensation for a two-year term beginning August 23, or until
their successor is appointed. The Board elects its Chairman.
MEMBERS TERM
ORIGINAL
APPTD. DATE
* Victor Menard, Chairman
** Sandra Billish, Vice-Chairman
Anne Baker
* Marvin Spears
Robert Anderson
J. Bradley Clarke
Billy Olivarez
Gerardo Alvarez
Maria A. Ramos
** Rome Gregorio
Patricia Pefla
8-23-02 8-13-96
8-23-02 9-14-99
8-23-03 9-14-99
8-23-02 8-13-96
8-23-03 8-21-01
8-23-03 8-21-01
8-23-03 3-25-97
8-23-03 1-26-99
8-23-04 2-12-02
8-23-02 8-22-00
8-23-03 7-09-02
* Has met the six-year service limitation and is ineligible for reappointment
** Seeking reappointment
NOTE: The Park and Recreation Advisory Committee is recommending the
reappointment of Sandra Billish and Rome Gregorio and the appointment of Kevin
Ferrau and Dorrinda Gar~
ATTENDANCE RATE OF MEMBERS SEEKING REAPPOINTMENT
NAME
NO. OF MTGS.
THIS TERM
NO. % OF ATTENDANCE
PRESENT LAST TERM YEAR
Sandra Billish, V-Chair
Rome Gregorio
11 10 91%
11 9 82%
OTHER INDIVIDUALS EXPRESSING INTEREST
Clifford E. Bost
Assistant Public Information Officer, Texas
08-20-02.wpd, p. 10
DavieCissna
John E. Dunn
Kevin Fen'au
Dorrinda Garza
Department of Transportation. B.A. in
Communication, TV/Film fi.om Texas A&M
University - Corpus Christi. Community activities
include: Cubmaster P-11 for Boy Scouts of America
(BSA), President of Coastal Bend Top Soccer,
Chairman of the Planning Advisory Committee for
Nueces CountyMHMR. Recipient of the Texas Dept.
of Protective and Regulatory Services Foster Parent of
the Year Award and the BSA District Award of Merit.
(8-06-02)
Executive Vice President, Charter Bank. B.S. in
Accounting, University of Louisiana. Community
activities include: Leadership Corpus Christi Class Il,
American Institute of Banking, County Parks Board
member, Secretary and Treasurer of the Northwest
Business Association and member of the Board of
Directors of the Kiwanis. (8-13-02)
Retired civil servant (GS 13). Professional and
community activities include: Mayor's Council on
Senior Citizen Affairs, former member of Park and
Recreation Advisory Committee and ACOA member.
Special recognitions include: Chairman of the Human
Relation Council for Defense Communication Agency
in Washington, D.C. and President of the National
Association of Government Engineers. (7-25-01)
Asset Manager, Citgo Refining and Chemicals.
M.B.A. fi.om Pepperdine University, B.S. in Chemical
Enginecdng fi.om California State Polytechnic
University. Community activities include the
following: Padre Soccer League board member,
director of player development and coach; City of
Corpus Christi Recreation Department volunteer
league player. (3-08-02)
Community volunteer. Activities include the
following: member of the PTA fi.om 1987 to present,
Operation Graduation 2000-2001, baseball coach with
South Side Youth Sports for 16 years, and volunteer
with CBS swim team for 10 years. (7-10-02)
08-20-02.wpd, p. 11
Gregory T. Perkes
James Robbins
William James Shack
Tommy E. Watson, Jr.
Principal Attorney, The Perkes Law Finn. J.D. fi:om
St. Mary's University and B.A. fi:om U.T. Austin.
Professional and community involvement include the
following: Secretary and Editorial Board member for
Corpus Christi Lawyer Magazine, course director for
the Annual Civil Appellate Law Seminar, Leadership
Corpus Christi graduate XIX, sergeant-at-arms of the
Downtown Rotary Club, YMCA Teen and Outreach
Sen, ices and the Texas Family Business Scholarship
Foundation. Recipient o fthe American Jurisprudence
Award in Contract Law. (6-27-02)
Retired pilot and air traffic controller. Certification in
Ministry, Howard Payne University; A.A.S. in Mid-
management and Communications, North Lake
College, Irving, Texas. Activities include: Volunteer
chaplain at Bay Area Hospital, and church missions
(Brazil, Costa Rica, Turkey, Viet Nam, Peru and E1
Salvador). (5-10-02)
Employed as a cook. Attended W.B. Ray High
School. (12-27-00)
Self-employed business owner for over twenty years.
Community activities include: Nueces County
Animal Control Board, Nueces County Parks Board,
moderator for the Friday Morning Club and Buc
Parade official. Recipient of the Rotarian of the Year
Award from 1998-99. Currently serving ontheFood
Service Advisory Committee - willing to resign if
appointed. (7-25-02)
08-20-02.wpd, p. 12
8
COUNCIL MEMORANDUM
RECOMMENDATION: Motion approving a supply agreement for approximately 17,000
tons of pre-coated aggregate in accordance with Bid Invitation No. BI-0108-02 with Vulcan
Construction Materials, LP, San Antonio, Texas based on the only bid of $416,500. The term of
the contract will be 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.
This material is used by Street Services. Funds have been budgeted by Street Services for FY
02-03.
Purpose:
Previous Contract:
Bid Invitation Issued: 3
Bids Received: 1
Basis of Award:
Price Comparison:
Funding:
Pre-coated aggregate is used with liquid asphalt binder to seal coat
streets, which extends the life of the riding surface.
The option to extend the previous contract was exercised requiring
the receipt of new bids.
Only Bid. Historically the number of bids received for this item
has been very limited.
Pricing has increased from the contract price of three years ago of
$23.00 per ton to the bid price of $24.50 per ton. This increase is
attributed to increases in rail freight rates and increases to the cost
of flux oil used in the pre-coating process.
Street Reconstruction 1020-12410-520130
Asphalt Maintenance 1020-12430-520130
Total:
$133,868
282,632
$416,500
Michael Barrera, C.'P.5
Procurement and Gen~
ral Services Manager
BIDINVITATION NO.:BI-0108-02
PRE-COATEDAGGREGATE
BUYER:ESTHER C. BARRERA
ITEM
DESCRIPTION
CITY OFCORPUS CHRISTI
PURCHASING DEPARTMENT
BID TABULATION
I QTYI
VULCAN MATERIAL
COMPANY
SAN ANTONIO,TEXAS
UNIT TOTAL
NI PR CE PRICE
Grade 3, minimum polish value of 32.
Delivered by carrier to the Sam Rankin
matedal yard.
Grade 4, minimum polish value of 30.
Delivered by carrier to the Sam Rankin
material yard.
Grade 4 modified, minimum polish valu
Delivered by carrier to Sam Rankin
matiedals yard.
TOTAL
7000
2OOO
8000
Ton $24.50
Ton 24.50
Ton 24.50
$171,500.00
49,000.00
196,000,00
$4t 6,$00.00
PRICES FOB RAIL CAR, SAM RANKIN YARD,
CORPUS CHRISTI, TEXAS
9
AGENDA MEMORANDUM
RECOMMENDATION: Motion approving a supply agreement with Health & Safety
Management, Inc., Corpus Christi, Texas for the testing of asbestos in approximately 90
privately held and public structures in accordance with Bid Invitation No.BI-0116-02, based
on low bid for an estimated annual expenditure of $44,010. The term of the contract will be
for twelve months with an option to extend for up to two additional twelve-month periods
subject to the approval of the supplier and the City Manager or his designee. Funds have
been budgeted in FY02/03 by Housing and Community Development.
Purpose:
This testing is required by law and enforced by the Texas
Department of Health. The testing of asbestos will be
conducted on privately owned and public buildings that
will be demolished and/or will be purchased by Housing &
Community Development. Every building must be
inspected for the presence of asbestos prior to bidding for
demolition or remodeling. The Texas Department of
Health performs random reviews of City demolitions as
they occur. The City is subject to substantial fines for non-
compliance.
Previous Contract:
The option to extend the previous contract was not
exercised due to changes to the specifications.
Bid Invitations Issued: Eight
Bids Received: Six
Price Analysis:
Pricing has increased 3% from the last contract of 2001.
Award Basis: Low Bid.
Funding: Organization
Housing & Community Development
5300001050-850125
ioCc~;~rnBena;r 2~Xd 6~/ener al S ervic e s Manag er
Budgeted Amount
$50,000
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
BID TABULATION
BID INVITATION NO.: BI-0116-02
INSPECTION FOR ASBESTOS SERVICE
BUYER: ESTHER C. BARRRERA
VENDOR
Q'FY UNIT PRICE TOTAL
HEALTH & SAFETY
MANAGEMENT, INC.
CORPUS CHRISTI, TX.
MODY K. BOATRIGHT PE
CORPUS CHRISTI, TX
ENVIROTEST INC.
CORPUS CHRISTI, TX.
CAM ENVIRONMENTAL SERVICE
CORPUS CHRISTI, TX
GEO ENVIRONMENTAL
OPERATIONS CONSULTANTS, INC.
ROUNDROCK, TX.
SAFENET ENVIRONMENTAL
SERVICES, LLC
CORPUS CHRISTI, TX.
90 $489.00 $44.010.00
90 $540.00 $48,600.00
90 $550.00 $49,500.00
90 $615.00 $55,350.00
90 $680.00 $61,200.00
90
$2,222.00 $199,980.00
10
Requested Council Date: 8/20/02
Alternate Date: 8/27/02
AGENDA MEMORANDUM
RECOMMENDATION: Motion approving a supply agreement with Greatstate Transmissions,
Corpus Christi, Texas for automatic transmission overhaul & repair service for approximately
163 automobiles and light tracks in accordance with Bid Invitation No. BI-0097-02, based on
low bid for an estimated annual expenditure of $108,100. The term of the contract shall 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
Maintenance Services and the Fire Department in FY 02-03.
BACKGROUND:
Purpose:
This service provides the City an overhauled transmission,
installed on the most common types of City owned automobiles
and light trucks, within twenty-four hours of transmission failure.
Previous Contract:
The option to extend the previous contract has been exercised,
requiring the City to issue new bid invitations.
Bid Invitations Issued: Twenty-three
Bids Received: Three
Price Analysis:
Pricing has increased by 5 % since the last bid of 1999. According
to the Producers Price Index, pricing is increasing.
Award Basis: Low Bid
Funding:
Maintenance Services
530100-5110-40170
$140,000
Fire Department
530100-1020-12050
530100-4680-35100
-'~[/ '~ ~~ Total
Micl~ael"Barrera, ' ~
Procurement and General Services Manager
10,000
10,000
$160,000
City of Corpus Christi
Purchasing Division
Buyer: Gabriel Maldonado
Bid Tabulation
Bid Invitation No: B1~0097-02
Automatic Transmission Overhaul Repair for Automobiles & Light Trucks
Item
1.0
1.1
1.2
1.3
1.4
1.5
1.6
1.7
1.8
2.0
2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
2.9
3.0
3.1
3.2
3.3
3.4
3.5
3.6
3.7
3.8
3.9
3.10
3.11
Description
Dodge: Exchange/Overhaul
A604/A604AWD (41TE/41AE)
A904 (30RE) Torque Flight
A727 (36RE) Torque Flight (Lock Up)
A500
A500SE (42RE)
A518 (46RH)
^518SE (46RE)
45RFE
Ford: Exchange/Overhaul
A4LD
A4LD-E (4R44E/4R55E) 4 Speed
A4LD-E (5R44E/5R55E) 5 Speed
~,XODE (AX4S)
~,ODE-(AODE-W) (4RTOVV)
3-6
~40D
4R100
F-10D
General Motors: Exchange/Overhaul
4T60E
200
TH 125C
TH350
TH400
TH325
TH440-T4 (4L60)
4LSOE
200-4R
4L60E
THT00R
Greatatata Trans.
Corpus Christi, Tx
QTY Unit Unit Price
2 ea $725
8 ea 300
8 ea 300
3 ea 600
2 ea 700
1 ea 600
3 ea 850
2 ea 825
6 ea 550
10 ea 750
5 ea 800
10 ea 750
30 ea 800
3 ea 300
8 ea 900
8 ea 1,000
3 ea 400
6 ea 750
I ea 150
5 ea 550
2 ea 250
7 ea 400
1 ea 200
10 ea 700
2 ea 850
1 ea 150
10 ea 750
6 ea 500
Gene Brown Trans.
Corpus Christi, Tx
Total Unit Price Total
$1,450 $950 $1,900
2,400 400 3,200
2,400 425 3,400
1,800 800 2,400
1,400 900 1,800
600 950 950
2,550 1,050 3,15C
1,650 1,250 2,50C
3,300 800 4,80C
7,500 850 8,50C
4,000 950 4,75C
7,500 950 9,50C
24,000 850 25,50£
900 400 1,20C
7,200 1,150 9,20¢
8,000 1,150 9,20E
1,200 800 2,40C
4,500 1,000 6,00C
150 300 300
2,750 900 4,500
500 400 800
2,800 400 2,800
2O0 400 400
7,000 850 8,500
1,700 1,000 2,000
15~ 300 300
7,50~ 900 9,000
3,00C 900 5,400
AAMCO Trans.
Corpus Christi, Tx
Unit Price Total
$1,o0o $2,oo0
425 3,400
450 3,600
800 2,400
900 1,80~
1,000 1,00~
1,000 3,00~
1,050 2,106
850 5,10¢
900 g,00C
900 4,50C
1,000 10,00C
850 25,50C
400 1,20C
1,200 9,60C
1,200 9,60¢
800 2,40£
1,000 6,00C
300 30C
800 4,000
400 800
400 2,800
400 400
900 9,000
1,000 2,000
350 350
950 9,500
950 5,700
Total $108.t00 $134,350 $137,050
Note: The bid invitation indicated a single award would be issued for the entire contract.
11
AGENDA MEMORANDUM
RECOMMEDATION: Motion approving the purchase of office furniture from the following
companies for the following amounts in accordance with Bid Invitation No. BI-0135-02 based on
low bid and best bid for a total amount of $43,996.22. The office furniture will be installed at the
new Airport Administration offices of the newly remodeled Airport Terminal. Funds are
available through the Modify Terminal Building project fund.
Jones and Cook Stationers
Corpus Christi, Texas
Bid Item 10-12, 14
15, 17-28
$31,381
Corporate Express
Corpus Christi, Texas
Bid Items 1-9
$12,615.22
Grand Total: 43,996.22
Purpose:
The furniture will be used by various office personnel of the
Aviation Department and in conference rooms.
Bid Invitations issued: Six
Bids Received: Four
Award Basis:
Low Bid - Bid items 1-12, 14, 18-25, 27 and 28
Best Bid - Bid items 15, 17 and 26
Jones and Cook qualified their bid as an all or none for bid items
11, 12, 14, 15 and 17-28. When compared to a line item low bid,
Jones and Cook's offer is low by $3,289,27.
Funding: Modify Airport Terminal Project
550720-3024-00000-100968
Mich~e~ ~lt,_arrera, C.~vl.
Procurement & General Services Manager
$44,000
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
BUYER: MICHAEL BARRERA
1
Chairs: (high back)
Total
Navy Finish
2
Chairs: (high back)
Price
Special Order -Smoke Finish
3
Chairs: (mid back)
$451.38
Navy Finish
4
Chairs: (mid back)
3,014.76
Special Order -Smoke Finish
5
Guest Chairs
1,285.83
Navy
6
Guest Chairs
1,695.78
Smoke
7
Caster Chairs: (mid back)
1,270.60
Navy
8
Caster Chairs: (mid back)
312.88
Smoke
9
Breakroom Chairs
Soft Blue Finish
10
Lounge Chairs
11
Round Conference Table -30"
2
2
14
2
9
7
9
16
10
10
1
Unit
Each
Each
Each
Each
Each
Each
Each
Each
Each
Each
Each
BID TABULATION BI -0135-02
AIRPORT OFFICE FURNITURE
Corporate Express
Corpus Christi, Texas
Unit
Total
Total
Price
Price
Price
Price
$225.69
$451.38
225.69
451.38
215.34
3,014.76
215.34
430.68
142.87
1,285.83
142.87
1,000.09
188.42
1,695.78
188.42
3,014.72
127.06
1,270.60
325.76
3,257.60
312.88
312.88
iem's Business Interiors
rus Christi, Texas
Unit
Total
)us Christi, Texas
'rice
Price
'rice
Price
237.45
$474.90
237.45
474.90
226.55
3,171.70
226.55
453.10
150.31
1,352.79
150.31
1,052.17
198.24
1,784.16
198.24
3,171.84
VO BID
Business Interiors of Texas
Corpus Christi, Texas_
Unit
ITotal
)us Christi, Texas
Price
IPrice
'rice
Price
$237.95
$47!
237.95
475
227.13
3,179
227.13
454
151.36
1,362
151.36
1,059
198.99
1,790
198.99
3,183
129.06
1,290
342.80
3,428
216.99
216
as 8 Cook
Stationers
)us Christi, Texas
Unit
Total
'rice
Price
6253.00
$506.00
253.00
506.00
241.00
3,374.00
241.00
482.00
160.00
1,440.00
160.00
1,120.00
211.00
1,899.00
211.00
3,376.00
JO BID
325.00
3,250.00
199.00
199.00
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
BUYER: MICHAEL BARRERA
BID TABULATION BI -0135-02
AIRPORT OFFICE FURNITURE
Corporate Express
Corpus Christi, Texas
Yochem's Business Interiors
Corpus Christi, Texas
Business Interiors of Texas
Corpus Christi, Texas
Jones & Cook Stationers
Corpus Christi, Texas
Unit
Total
Unit
Total
Unit
Total
Unit
Total
Item
Description
Qty
Unit
Price
Price
Price
Price
Price
Price
Price
Price
12
Round Conference Table -60"
1
Each
308.65 308.65
NO BID
272.40 272.40
242.00 242.00
14
Round Conference Table -48"
1
Each
268.94 268.94
" "
239.33 239.33
210.00 210.00
15
Oval Table - 60"
1
Each
346.24 346.24
" "
1')
260.67 260.67
270.00 270.00
17
Rectangular Table 3X5
2
Each
302.29 604.58
" "
1')
205.30 410.60
236.00 472.00
18
U-shaped Exec. Desk
4
Each
2,236.24 8,944.96
" "
1,972.39 7,889.56
1,752.00 7,008.00
Black
19
U-shaped Exec. Desk
2
Each
2,236.24 4,472.48
" "
1,972.39 3,944.78
1,752.00 3,504.00
Grey
20
U-shaped Exec. Desk
1
Each
2,236.24 2,236.24
" "
1,972.39 1,972.39
1,752.00 1,752.00
Dove Grey
21
U-shaped Basic Desk w/Hutch
1
Each
1,941.35 1,941.35
" "
1,679.73 1,679.73
1,521.00 1,521.00
22
U-shaped Basic Desk
2
Each
1,416.18 2,832.36
" "
1,218.13 2,436.26
1,110.00 2,220.00
no hutch
23
Basic L-shaped workstation
4
Each
1,607.82 6,431.28
" "
1,394.81 5,579.24
1,259.00 5,036.00
with 48" hutch.
24
Basic L-shaped workstation
3
Each
1,669.76 5,009.28
" "
1,447.63 4,342.89
1,350.00 4,060.00
with 72" hutch
25
Conference Room Credenza
1
Each
357.35 357.35
" "
302.24 302.24
280.00 280.00
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
BUYER: MICHAEL BARRERA
BID TABULATION BI -0135-02
AIRPORT OFFICE FURNITURE
Award Total $12,615.22
Grand Total $43,996.22
I') Jones and Cook qualified their bid as an all or none for bid items 11, 12, 14, 15 and 17-28. When compared to a line item
low bid, Jones and Cook's offer is low by $3,289,27.
$31,381.00
Corporate Express
Corpus Christi, Texas
Yochem's Business Interiors
Corpus Christi, Texas
Business Interiors of Texas
Corpus Christi, Texas
Jones 8 Cook Stationers
Corpus Christi, Texas
Unit
Total
Unit
Total
Unit
Total
Unit
Total
Item
Description
Qty Unit
Price
Price
Price
Price
Price
Price
Price
Price
PI
26
Video Presentation Cabinet
1 Each
366.88 366.88
NO BID
286.55 286.55
287.00 287.00
27
Bookcase - Black
5 Each
230.82 1,154.10
""
198.33 991.65
180.00 900.00
28
Bookcase - Grey
3 Each
230.82 692.46
" "
198.33 594.99
180.00 180.00
Award Total $12,615.22
Grand Total $43,996.22
I') Jones and Cook qualified their bid as an all or none for bid items 11, 12, 14, 15 and 17-28. When compared to a line item
low bid, Jones and Cook's offer is low by $3,289,27.
$31,381.00
12
RECOMMEDATION: Motion approving the purchase of holdroom furniture from Yochem's
Business Interiors, Corpus Christi, Texas in accordance with Bid Invitation No. BI-0130-02
based on low bid for a total amount of $189,511.24. The holdroom furniture will be installed at
the new concourse of the newly remodeled airport terminal. Funds are available through the
Modify Terminal Building project fund.
Purpose:
The holdroom furniture will be installed at the concourse of the
newly remodeled airport terminal. Four hundred fifty-eight (458)
chairs will be made available for passengers awaiting their flights.
Bid Invitations issued: Seven
Bids Received: Three
Award Basis: Low Bid
Funding:
Modify Airport Terminal Project
550720-3024-00000-100968
Micl ~l'Barrera, Q.PfiM.
Procurement & Gen{~ral Services Manager
$190,000.
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
BID TABULATION
BID INVITATION NO. BI-0130-02
Airport Holding Furniture
BUYER: Michael Barrera
458 chairs
Bidder
Total
Yochem's Business Interiors
Corpus Christi, Texas
$189,511.24
Corporate Express
Corpus Christi, Texas
$196,688.10
Business Interiors of Texas $207,199.20
Corpus Christi, Texas
AGENDA MEMORANDUM
RECOMMEDATION: Motion approving the purchase of two hundred twenty (220) gallons of
mosquito insecticide from B&G Chemicals & Equipment Co., Inc., Dallas, Texas based on sole
source for a total amount of $63,250. The insecticide will be used by the Vector Control Division
of the Health Department. Funds are available in the Vector Control FY 02-03 operational
budget.
Purpose:
Vector Control has been spaying the insecticide (Scourge)
throughout the City over the past eight weeks in an effort to control
the mosquito population that has tested positive for the St. Louis
Encephalitis vires. To date, two emergency purchases have been
initiated with a total of 440 gallons of Scourge being applied to
targeted neighborhoods that have produced the infected mosquito
samples. This purchase is estimated to last for approximately three
to four weeks.
Award Basis:
Sole Source - Scourge is a very effective adulticide that has
proven to control mosquito populations throughout the country.
B&G Chemical & Equipment Co. is the authorized sole distributor
of Scourge for Texas, New Mexico and Oklahoma.
Funding:
Procurement & Gen
Health Department
520030-1020-12670
vi.
ral Services Manager
$63,250
14
CITY COUNCIL
AGENDA MEMORANDUM
AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a twelve-
month software maintenance agreement with Kronos, Incorporated, Waltham, MA in an amount
not to exceed $38,844. Included in the maintenance agreement is the Basic software maintenance
and depot exchange of time clocks and associated equipment.
ISSUE: Software must be maintained to allow for upgrades and improvements. Kxonos Inc.
provided a quote for annual maintenance from August 27, 2002 through August 26, 2003 for the
City of Corpus Christi's Kronos equipment. Kronos, Inc. is the sole provider of Kronos
application software maintenance and equipment depot exchange. This maintenance agreement is
a continuation of the original warranty provided in the original contract.
BACKGROUND: On July 25, 2000, City Council authorized the purchase of the Kronos time
management system from Kronos, Incorporated, Waltham, MA. The system was purchased to
capture employee time and inteface with the PeopleSoft payroll module which consolidates payroll
information. The system automates the record keeping process of the payroll function.
FUNDING:
The total cost of $38,844 will be funded from the MIS Department current fiscal year operating
budget 5210-40470-530160.
REQUIRED COUNCIL ACTION:City Council approval is required for purchases over
$25,000.
RECOMMENDATION: Staff recommends the purchase of twelve months basic software
maintenance and depot exchange from Kronos, Inc. for the total amount of $38,844.
Ogilvie F. Gericke Date
Director of Information Systems
CONTRACT SUMMARY
Vendor: Kronos, Inc.
Contract Terms:
This contract is for one year, August 27, 2002 through August 27, 2003, software maintenance
and depot exchange of time clocks and associated equipment from Kronos, Inc in an amount not to
exceed $38,844.
Contract Cost:
The total contract cost for a one-year period is not to exceed $38,844.
A KRONOS®
REVISED
Remit To: Kronos, Incorporated INVOICE NO. 313769
Attn: Contracts Administrator Page 1 of 1
1225 North Loop West, Suite 700 Invoice Date 05/16/02
Houston, TX 77008
Notel A Finance Charge of 1 1/2 %
Per month will be added to
Late payments according to terms,
Our Order #
Customer #
Purchase Order No.
Invoice Terms:
Date Shipped
140094
119487-001
UPON RECEIPT
We
CUSTOMER SUPPORT LEVEL
HARDWARE: DEPOT EXCHANGE
SOFTWARE: IBASIC
City of Corpus Christi
Attn: Finance C/O Accts Pay
1201 Leopard PO Box 9277
Corpus Christi
Texas
78401
see
see
see
see
see
see
see
SALES
S City of Corpus Christi
H
,1201 Leopard
P Corpus Christi
T Texas
078401
Prepared by: Tami Hodges C1tyofCorpusChrlst108.02.x1s Revision Date 711112002
15
AGENDA MEMORANDUM
August 13, 2002
AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a 12-month
hardware maintenance agreement with IBM Corporation, QISV vendor, in an amount not to
exceed $50,962.53. Included in the maintenance agreement are two IBM AS/400s.
ISSUE: IBM Corporation has submitted a proposal to renew an existing hardware maintenance
agreement. Support is for the period 9/1/2002 through 8/31/2003.
BACKGROUND: On March 26, 1996, City Council authorized the purchase of the HTE
Customer Information System and an IBM AS/400 from HTE, Inc. of Lake Mary, Florida. On
March 26, 2002, City Council authorized purchase of additional modules to be used by the
Development Services Department. Today this system drives the Customer Information System,
providing not only the utility billing function for the City Utilities Business Office, but also
providing a system for Central Cashiering, Accounts Receivable and Collections, and
Development Services.
FUNDING: The total cost of $50,962.53 will be funded from the MIS Department's current fiscal
year operating budget, 5210-40470-530230. This purchase is within total project budget.
REQUIRED COUNCIL ACTION: City Council approval is required for purchases over
$25,000.
RECOMMENDATION: Staff recommends the purchase of 12 months hardware maintenance
from IBM, Corporation, for the total amount of $50,962.53.
Ogilvie F. Gericke
Director of Information Systems
CONTRACT SUMMARY
Vendor: IBM Corporation, Inc.
Contract Terms:
This contract is for purchase of one year's hardware maimenance, September 1, 2002 through
August 31, 2003, for the IBM equipmem located in the City Hall Data Center for the total mount
of $50,962.53 from IBM Corporation, Inc. a QISV vendor.
Contract Cost:
The total contract cost for a one-year period is not to exceed $50,962.53.
International Business Machines Corporation
June 18, 2002
Dear Customer:
Thank you for your interest in IBM Global Services. As we discussed, this proposal will allow you to
customize your service contract to meet your current and future requirements. The attached State-
ment of Work and Schedule contain the services we discussed and will allow you to add additional
services as your requirements change.
This Statement of Work will become a contract once it is signed by both parties. The prices, terms and
conditions, and statements of work are valid for three months from the date of this proposal. After this
date, prices are subject to change and another quote may be necessary. This will allow enough time
for your decision making process.
We look forward to delivering these services so that you can begin to realize the benefits as soon as
possible. Thank you again for the opportunity to provide these services which are critical to the
success of your bus[ness.
Sincerely,
IBM Schedule for Services
This Schedule contains a listing of the Eligible Machines at the Specified Locations identified below for which we will provide the identified Services
as described in the referenced Statement of Work. These terms are in addition to those of the referenced Statement of Work and IBM International
Customer Agreement (or any equivalent agreement signed by both of us and identified below).
Customer Name and Billing Address
Types of Discount(s) Applied:
Scope Incentive, Term Incentive
'Charges are based on the current inventory and services identified in this Schedule. Actual
charges may vary with any additions, deletions, or changes to the inventory or services.
For a Machine subject to usage charges, in addition to the Service charge identified herein, you will
be separately billed for usage in accordance with applicable usage rates and billing cycles.
The Parties need not sign this Schedule, unless either of us requests it.
Agreed to: Agreed to:
CITY OF CORPUS CHRISTI International Business Machines Corporation
By By
Authorized signature Authorized signature
Name (type or print): Name (type or print):
Date: Date:
Z125-5511-11 2/2000 06/18/2002 -- 12:51:35 Page 1
Agreement No.:
HQ12291
CITY OF CORPUS CHRISTI
Statement of Work No.:
A66481
CITY HALL
Customer No.:
01763684
1201 LEOPARD
Revised Schedule (Yes/No):
No
CORPUS CHRSTI, TX 78401-2120
Schedule Effective Date:
06118/2002
Charges and Payment Plan:
Charge Period
X Quarterly
Start Date:
09/01/2002
End Date:
08/31/2003
'Total Charges:
$50,962.53
Contract Term:
5 Years
Types of Discount(s) Applied:
Scope Incentive, Term Incentive
'Charges are based on the current inventory and services identified in this Schedule. Actual
charges may vary with any additions, deletions, or changes to the inventory or services.
For a Machine subject to usage charges, in addition to the Service charge identified herein, you will
be separately billed for usage in accordance with applicable usage rates and billing cycles.
The Parties need not sign this Schedule, unless either of us requests it.
Agreed to: Agreed to:
CITY OF CORPUS CHRISTI International Business Machines Corporation
By By
Authorized signature Authorized signature
Name (type or print): Name (type or print):
Date: Date:
Z125-5511-11 2/2000 06/18/2002 -- 12:51:35 Page 1
IBM Schedule for Services
Enterprise Total for Charge Period by Customer Number:
Customer No.
Customer Name
Location
$50.962.53
Z125-5511-11
City
06/18/2002 -- 12:51:35
Charges'
1763684
CITY OF CORPUS
CHRISTI
CITY
HALL / 1201
LEOPARD
CORPUS
CHRSTI,TX
$23,372.27
2192483
CITY OF CORPUS
CHRISTI
1201
LEOPARD
/ MUNICIPAL
INFOR SYSTEMS
CORPUS
CHRSTI,TX
$1,392.97
2192743
CITY OF CORPUS
CHRISTI
1201
LEOPARD
ST
CORPUS
CHRSTI,TX
$7,283.53
4257333
H T E INC
1201
LEOPARD
ST / CITY OF
CORPUS CHRISTI
CORPUS
CHRSTI,TX
$16,749.92
4257493
H T E INC
1201
LEOPARD
ST / CITY OF
CORPUS CHRISTI
CORPUS
CHRSTI,TX
$2,163.84
6183932
SUPPORT NET INC
1201
LEOPARD
ST / CITY OF
CORPUS CHRISTI
CORPUS
CHRSTI,TX
$0.00
9511502
CITY OF CORPUS
CHRISTI
5352
AYERS
CORPUS
CHRSTI,TX
$0.00
Page 2
Total:
$50.962.53
Z125-5511-11
2/2000
06/18/2002 -- 12:51:35
Page 2
------------Eligible Machine Description ------------
Manufacturer
Ma&h Order/
Specified Location I Type Mod Serial
1763684 CORPUS CHR,TX. IBM 3476 EA3 00004590
IBM 3488 V41 02311300
IBM 6546 4AN 023GPLB1
IBM 7208 012 00051157
IBM 7852 400 000K8721
IBM 9309 002 OOOD5465
IBM 9406 820 000328AD
IBM 9406 620 00037GWM
2192483 CORPUS CHR,TX. IBM 8660 4SU 023K3391
IBM Schedule for Services
Related
Order/
Serial Qty.
Type of
Repair
#
Maintenance Service
## Charges -
1
A
1
$71.23
1
A
1
$48.69
1
A
1
$53.19
1
B
1
$551.76
1
A
1
$34.26
1
B
1
$97.32
1
B
1
$17,138.62 W
1
B
1
$4890.36
1 B 1
2192743 CORPUS CHR,TX. IBM
8655
21Y
02380420
1
B 1
IBM
8659
8RY
023NF364
1
B 1
IBM
8659
8RY
023NF371
1
B 1
IBM
8659
5RY
023Z4862
1
B 1
IBM
8662
3RY
02302123
1
B i
IBM
8662
3RY
02302154
1
B 1
IBM
8662
3RY
0231-16835
1
B 1
4257333 CORPUS CHR,TX. IBM
3490
C2A
OOOC3722
1
B 1
IBM
3494
L10
00011194
1
B 1
IBM
4312
001
00176694
1
A 1
IBM
4312
001
00176696
1
A 1
IBM
9348
002
00036145
1
B 1
$22,885.43
$1,392.97
$1,392.97
$744.20 W
$0.00 W
$1,352.40
$1,352.40
$1,392.97
$1,392.97
$1,048.59 W
$7,283.53
$5,658.48
$8,990.76
$228.10
$228.10
$1,644.48
$16,749.92
Charges Charges Service Pxogrerns
Start** Stop** Provided by IBM***
11/1812002
03/14/2004
11/30/2002
Z125-5511-11 2/2000 06/18/2002 -- 12:51:35 Page 3
IBM Schedule for Services
------------Eligible Machine Description ------------
Maintenance Service
Manufacturer
Related Type of
Machine
Order/
Order/ Repair
Charges
Specified Location
I Type Mod
Serial
Serial Qty. #
## Charges- Start**
4257493 CORPUS CHR,TX.
IBM 3590 E11
OOOE5567
1 B
1 $2,163.84
$2,163.84
9511502 CORPUS CHR,TX.
IBM 8659 61Y
023BC598
1 B
1 $0.00 W 11/07/2003
$0.00
Charges Service Proga
stcp*. Provided by IEM***
Z125-5511-11 2/2000 06/18/2002 -- 12:51:35 Page 4
IBM Schedule for Services
Customer Technical Contact Name (if applicable):
----Eligible Machine Description....
MachineProc Order/ Svc Product Group/ Charges Charges
Type Mod Feat Serial Grp Support Service Service Option Qty Charges' Start" Stop"
Specified Location: 1763684 CORPUS CHR,TX.
AS400 ALERT ALERT $486.84
$ 486.84
Z125-5511-11 2/2000 06/18/2002 -- 12:51:35 Page 5
IBM Schedule for Services
Legends
# TvDe of Reoair Service:
A) On -Site Repair/Exchange Services, Monday through Friday (excluding holidays), 8am to 5pm
B) On -Site Repair/Exchange Services, 7 days a week, 24hrs/day
C) On -Site Repair/Exchange Services, Monday through Friday (excluding holidays), Barn to 5pm, 4 hour response objective.
This type of repair service includes a response objective and is not a guarantee.
D) On -Site Repair/Exchange Services, 7 days a week, 24hrs/day, 2 hour response objective.
This type of repair service includes a response objective and is not a guarantee.
X) EasyServe (remotely delivered services)
## Maintenance Services
1) Maintenance of IBM Machines
2) Maintenance of non -IBM Machines
3) Warranty Service Upgrade
4) Maintenance of Cisco Products
5) Maintenance of IBM Machines - Enhanced Service Response
6) Service for Machines Withdrawn from IBM Maintenance
7) Non -IBM Service for Machines Withdrawn from IBM Maintenance
8) Maintenance of IBM Machines (Labor Only)
9) Non -IBM Memory Exchange
10) Enhanced Parts Inventory
11) Spare Machine
12) Key Operator Support
13) Maintenance of non -IBM Machines for SUN Microsystems Machines during the SUN Warranty Period
16) IBM Maintenance Services - First Line Maintenance for Wincor Nixdorf ATMs
17) IBM Maintenance Services - Application Maintenance Services for Wincor Nixdorf ATMs
'Charges shown are for the Charge Period
An (E) indicates a Machine that has been announced as withdrawn from generally available Maintenance Service
An (0) indicates a One Time Charge
A (P) indicates averaged billing or annual prepayment
A (U) indicates Usage Charges which are measured in either Feet, Hours, or Impressions
A (W) indicates a Machine/Model/Feature under Warranty (W without a date represents a machine off warranty, but which may have warranty content)
An (X) indicates On -order Products which are shown for planning purposes only
A (Y) indicates On -order MES products which are shown for planning purposes only, these charges are included in the related machine charges
"Charges Start/Stop dates shown are those that differ from the Contract Period Start/End Dates
***These Programs are subject to the Services Program License Section of the referenced Statement of Work
Z125-5511-11 212000 06/18/2002 -- 12:51:35 Page 6
16
AGENDA MEMORANDUM
August 20, 2002
SUBJECT: Street Lighting - McKinzie Road Improvements - McKinzie Lane to Haven
Road - Project No. 6014
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to execute a construction contract
in an amount not to exceed $38,500 with AEP/Central Power and Light for installation of
streetlights on McKinzie Road between McKinzie Lane to Haven Road.
ISSUE: Installation of street lights along this section of McKinzie Road is necessary to
comply with urban arterial illumination standards.
FUNDING: Funding is available from the Street Capital Improvement Fund.
RECOMMENDATION: Staff recommends approval of the motion as presented.
/~el R. Escobar, P.E. Date
Director- Engineering Services
Attachments:
Exhibit A - Additional information
Exhibit B - Location Map
H:\HOME\KEVINS\GEN\STRTLGHT~MCKINZIE.M
ADDITIONAL INFORMATION
BACKGROUND: McKinzie Road between McKinzie Lane and Haven Road was joint
TXDOT/City project. Installation of continuous illumination is a City responsibility.
PROJECT DESCRIPTION: This project consists of the installation of thirty-five (35) new
27,500 lumen high pressure sodium vapor street light fixtures. Nineteen (19) of the fixtures
will be mounted on new wood poles and sixteen (16)will be mounted on existing wood
poles. Fourteen (14) existing 20,000 lumen mercury vapor light fixtures will be converted
to 27,500 lumen high pressure sodium vapor light fixtures.
CONTRACT INFORMATION: Street lights are installed and maintained by AEP/Central
Power and Light on a "cost-sharing" basis. The City pays a not to exceed installation cost
and operating costs. AEP/Central Power and Light retains ownemhip of the equipment and
is responsible for maintenance. AEP/Central Power and Light has agreed to complete the
installation on a not to exceed cost of $38,168.00.
RECOMMENDATION: Approval of the motion as presented.
Exhibit "A" J
Page 1 of 1
17
AGENDA MEMORANDUM
August 20, 2002
SUBJECT: Street Lighting - Padre Balli Park Area 2
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to execute a construction contract
in an amount not to exceed $27,800 with AEP/Central Power and Light for installation of
streetlights in Annexation Area 2 for Padre Balli Park.
ISSUE: Padre Balli Park was recently annexed. The annexation service plan provided for
the installation of street lights for access roads to Padre Balli Park.
FUNDING: Funding is available from the FY2002-2003 Adopted Budget for Street Lighting.
RECOMMENDATION: Staff recommends approval of the motion as presented.
~f~g~l R. Escobar, P.E. Date
'Director- Engineering Services
Attachments:
Exhibit A - Additional Information
Exhibit B - Location Map
H:\HOME\KEVINS\GEN\STRTLGHT~PBALLI,M
ADDITIONAL INFORMATION
BACKGROUND: The City's annexation of Padre Island resulted in the need to improve
street lighting. This was addressed in the Annexation Service Plan. Specific
improvements for Padre Island included street light improvements.
PROJECT DESCRIPTION: This project consists of the installation of seven (7) new
27,500 lumen high pressure sodium vapor street light fixtures. The project requires the
installation of twelve (12) wood poles, five transformers, and 8,000 feet of electrical
conductor. The streetlights will be install at the following locations:
1. Access Road ~H - 2 streetlights;
2. Access Road #5 - 3 streetlights; and
3. Access Road #6 - 2 streetlights.
The installation will provide for illumination of all intersections and at the beach terminus
of the access roads.
CONTRACT INFORMATION: Street lights are installed and maintained by AEP/Central
Power and Light on a "cost-sharing" basis. The City pays a not to exceed installation cost
and operating costs. AEP/Central Power and Light retains ownership of the equipment and
is responsible for maintenance. AEP/Central Power and Light has agreed to complete the
installation on a not to exceed cost of $27,800.00.
RECOMMENDATION: Approval of the motion as presented.
Exhibit "A" J
Page 1 of 1
18
AGENDA MEMORANDUM
August 20, 2002
SUBJECT: Street Lighting - Kostoryz Road Improvements - S.H. 357 to Holly Road
Project No. 6068
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to execute a construction contract
in an amount not to exceed $38,000 with AEP/Central Power and Light for installation of
streetlights on Kostoryz Road between S.H. 357 (Saratoga) and Holly Road.
ISSUE: Installation of street lights along this section of Kostoryz Road is necessary to
comply with urban arterial illumination standards.
FUNDING: Funding is available from the Street Capital Improvement Fund.
RECOMMENDATION: Staff recommends approval of the motion as presented.
,~ R. Escobar, P.E. Date
Director- Engineering Services
Attachments:
Exhibit A - Additional Information
Exhibit B - Location Map
H:~HOME\KEVINS\GEN\STRTLGHT~KOSTORYZ.M
ADDITIONAL INFORMATION
BACKGROUND: McKinzie Road between McKinzie Lane and Haven Road was joint
TXDOT/City project. Installation of continuous illumination is a City responsibility.
PROJECT DESCRIPTION: This project consists of the installation of thirty-five (35) new
27,500 lumen high pressure sodium vapor street light fixtures. Nineteen (19) of the fixtures
will be mounted on new wood poles and sixteen (16) will be mounted on existing wood
poles. Fourteen (14) existing 20,000 lumen memury vapor light fixtu~res will be converted
to 27,500 lumen high pressure sodium vapor light fixtures.
CONTRACT INFORMATION: Street lights are installed and maintained by AEP/Central
Power and Light on a "cost-sharing" basis. The City pays a not to exceed installation cost
and operating costs. AEP/Central Power and Light retains ownership of the equipment and
is responsible for maintenance. AEP/Central Power and Light has agreed to complete the
installation on a not to exceed cost of $38,500.00.
RECOMMENDATION: Approval of the motion as presented.
Exhibit "A" ]
Page 1 of 1
KEY:
STREET LIGHTING
IMPROVEMENT AREA
EXHIBIT B SITE MAP
SUBJECT: KOSTORYZ ROAD LIGHTING IMPROVEMENTS Traffic Engineering Div.
�..: HOLLY ROAD TO SARATOGA BLVD. Engineering SwN400s Dept.
19
AGENDA MEMORANDUM
August 20, 2002
SUBJECT: Omaha Street Improvements - Leopard Street to IH-37 (Project #6087)
Appropriation of Settlement Proceeds
AGENDA ITEM:
Ordinance appropriating $4,640.00 into the No. 3430 Utility Capital Fund and $13,500.00
into the Street No. 3530 Street Capital Fund ($18,140.00) from a Claim Settlement with
Bonding Company for Change Order No. 2, Omaha Drive project; and declaring and
emergency.
ISSUES:
Appropriation of proceeds by ordinance is required prior to expendiure.
FUNDING: Funding was received from the surety company. The proceeds will be
available upon appropriation.
RECOMMENDATION: Approval of the motion as presented.
~,~9~1 R. Escobar, P. E.
Director of Engineering Services
ADDITIONAL SUPPORT MATERIAL
Exhibit A. Background Information
Exhibit B, Site MaD
BACKGROUNDINFORMATION
ADDITIONAL INFORMATION:
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.
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
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 City and King-Isles discovered the original contractor had apparently undertaken utility
work in an order that required additional cost to locate service laterals. Additionally, some
of the compaction work by the previous contractor did not pass compaction tests. The
corrective actions necessary were authorized by an administrative change order. The
bonding company has issued the City a check in the amount of the change order
($18,160).
FUNDING: Funding will be available upon appropriation of the proceeds
received from the surety.
RECOMMENDATION: Adoption of the ordinance as presented.
H:\HOM E\KEVINS\GEN\STREETS~OMAHAV~kopropOrd,bkg.doc
Page I of 1
File : ~Mproject\councilexhibits\exh6087.dwg
PROJECT LOCATION ~ ~
N
N /
NOT TO SCALE
CI~ PROJECT NO. 6087 EXHIBIT "B"
c~ o~ co~us c,~s~. ~ ~
O~A DRXVE STREET I~PROVE~ENTS o~Rr~ or ~ ~e,C~S
FRO~ LEOP~D STREET TO X.H. 37 PAGE: ~ Of ~ __~ __
DATE: 08-20-2002 ~
ORDINANCE
APPROPRIATING $4,640.00 INTO THE NO. 3430 UTILITY CAPITAL
FUND AND $13,500.00 INTO THE STREET NO. 3530 STREET CAPITAL
FUND FROM A CLAIM SETTLEMENT WITH BONDING COMPANY FOR
CHANGE ORDER NO. 2, OMAHA DRIVE PROJECT; AND DECLARING
AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE cITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That $4,640.00 is appropriated into the No. 3430 Utility Capital Fund and
$13,500 is appropriated into the Street No. 3530 Street Capital Fund from a claim settlement with
bonding company for change order No. 2, Omaha Drive project.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the n~ed for immediate action
necessary for the efficient and effective administration of City affairs and (2) suspends the Charter
role that requires consideration of and voting upon ordinances at two regular meetings so that this
ordinance is passed and takes effect upon first reading as an emergency measure this the day
of ,2002.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
LEGAL FORM APPROVED
JAMES R. BRAY, JR.
CITY ATTORNEY
Samuel L. Neal, Jr.
Mayor
,2002;
By:
Lisa Aguilar ~)
Assistant City Attorney
20
CITY COUNCIL
AGENDA MEMORANDUM
Council Date August 20, 2002
AGENDA ITEM: Motion authorizing the appointment of an ad hoc peer panel to
the Arts and Cultural Commission, to review applications for the FY 2003 Arts
Subgrant Program.
ISSUE: Ordinance # 19634 stipulates that no city advisory board or committee
can appoint persons outside its membership as advisors, or to subcommittees or
ad hoc committees without prior approval of the City Council. Therefore, Council
approval to appoint the panel is required.
REQUIRED COUNCIL ACTION: Approval of peer panel for subgranting
evaluations.
FUTURE COUNCIL ACTION: Allocation of the Arts Projects fund and the award
of the art subgrant allocations to the arts organizations must be approved by the
City Council.
BOARD/COMMITTEE REVIEW: The Arts and Cultural Commission voted
unanimously to recommend the appointment peer panel members at their August
8, 2002 meeting.
BACKGROUND: The Peer Panel reviews applications for the funding of 2003
Arts Subgrants money. The money is partially funded through Hotel Occupancy
Tax and partially through Hotel Occupancy Tax. The panelist receives a copy of
the applications and is asked to review them for substance, tourism impact,
cultural enhancement and overall arts and cultural enrichment in our community.
Then point values are given to each project. These points in turn are used to
distribute the allocated funding.
RECOMMENDATION: Staff recommends the panel (attachment "A") be
appointed as an ad hoc peer panel to the Arts and Cultural Commission for the
purpose of evaluating grant applications.
Daniel L. Whitworth, Director
Park & Recreation Department
PEER PANEL RECOMMENDATIONS FOR GRANT YEAR 2003
ART-Afusco, Greg K.IMale, Asian - Currently employed as designer - WKMC Architects His special
interest in art is how art defines and continues to shape Amedcan culture, especially the notion of
traditional culture versus modem culture. Locally, I enjoy "The Territory" on KEDT and viewing
contemporary art at the STIA.
RADIO/TV -Aipperpach, Mac/Male, Caucasian - Professor of Radio and Television at Del Mar
College. Works with students in an environment closely resembling radio and TV control rooms and
studios. Helps to develop skills in the operation of radio and television equipment in addition to
writing and delivering scripts on-camera.
GENERAL - Araiza, Isabel/Female, Hispanic - A PHD in Sociology from Boston College, but now a
Corpus Christi resident again. A patron and supporter of the arts; very interested in the growth of the
arts in the Corpus Christi area. Very involved with youth programs and projects.
MUSIC, VOCAL - Dewitt, Marge/Female, Caucasian - Mrs. Dewitt, a Corpus Christi business
person, is very active in the music community, singing with the Sweet Adelines; the Parkway
Presbyterian choir, and with Robert Valarius' group "Full House". She is extremely enthusiastic
about serving as a Peer Panelist.
WRITING-Flinn, Dennis/Male, Caucasian- Professional poet, published; edits and publishes
poetry; coordinates Poetry Aransas an annual poetry competition; Founded T^MUCC literary Guild;
edits and publishes Winward Review -a literary journal at TAMUCC. Member Arts Center for the
Islands; acts in university plays; BA in Radio, TV, Film production. Very interested in Theatre
presentations in the community.
6. MUSIC - Grant, Brian/Male, Caucasian - would like to serve as a public service which would assist
and provide benefit to others in the community, using my own special knowledge and interest in the
visual and performing arts, and the skills practiced for many years in professional life. Musical
appreciation was fostered in youth through learning to play piano, and preparation for examinations
of the Royal College of Music. Interest in serious theatre through leaming Shakespeare and George
Bernard Shaw at school, and membership for several years of the Bristol Old Vic Theatre Club in
Bristol, at a time when such actors as Peter O,Toole, Rosemary Harris, Eric Portman, and Moira
Shearer were in the Company. Mr. Grant is current Chairman of the Board of the C.C. Chorale, and
has sung Chorale for the last two seasons. He also sings with the church choir at St Bartholomew's
Episcopal Church
7. GENERAL-Harvey, Susan/Female, Caucasian - Masters Degree in Library and Information
Science, Head of Library Technical Services at Del mar College. Has secured several grants for the
college. Is very interested in the Arts in Corpus Christi.
8. MUSIC - Hoch, Ann/Female, Caucasian - Has a Music and financial background and is interested
in having quality Arts programs in our city. She attends various functions of interest.
9. GENERAL - Knull, Harvey/Male, Caucasian -Associate Vice-president for Research and Scholarly
Activity at Texas A&M University, C.C. Dr. Knull has sat on several panels awarding money for
proposals and has worked in assessing creative work changes in programs including music, theater
and Fine Arts. He regularly reviews proposals for the National Science Foundation and has served
on NIH panels.
10. ART - Loon, Joseph/Male, Caucasian - Professor of Geographic Information Science at Texas
A&M University, C.C. Professor Loon has had a lifelong interest in the arts, and the human need to
express artistic feelings in visual arts, music, film, dance, design, literature, etc.
11. GENERAL - Mastenbrook, Judith A.IFemale, Caucasian- Bachelor of Arts in Education and a
Master of Arts; numerous certificates in education and educational training. Professional experience
with Del Mar College, South Texas Public Broadcasting and various schools in Corpus Christi. Grew
up in Chautauqua, New York, a summer resort offering opportunities to study fine arts such as
drama, visual art, and music. Now taking art classes at Del Mar College and is delighted that Corpus
Christi supports fine art projects and is very interested in serving on the Ad Hoc Peer Panel for
Subgrant Year 2003.
12. DANCE- Mendietta, Liz/Female, Hispanic - 7 years expodence as band director; Professional
memberships in TX Band Directors Association; Corpus Christi Wind Symphony and TX Music
Educators Association. Active volunteer with Ballet Nacional, Boy Scouts, Special Olympics and
Loving Spoonful.
13. MUSIC - Muniz, Eva Vera/Female, Hispanic- organized several shows and per[ormances; very
active in Hispanic organizations and chaired the DMC Cultural Programs Committee in year 2000.
Also managed the Corpus Christi Cathedral office.
14. MUSIC-Olivares, E. G. (Eddie)lMale, Hispanic-Musical Career: Professional musician, classical
and jazz (trumpet). Band leader. Freelance trumpet player in vadous local and area musical
organizations. Band Director at several area high schools and Jr. high schools. Members of Corpus
Christi Musicians Association (local AFofM), executive board member Texas Jazz Festival Society,
founding member Corpus Christi Municipal Arts Council Choir Director at St. Patdck Church, Corpus
Christi; Organizer and music director of annual Jazz Mass; vadous other professional organizations
15. RADIO/TV- Olmos, R.E.IMale, Hispanic-employed at Texas A&M-CC College of Education
founding the position of Information Officer. Previously, Mr. Olmos worked locally for the South
Texas Institute for the Arts, and until last year was working in the film industry. He has a vast
knowledge of the arts in the community.
16, GENERAL - Carol Peterson/Female, Caucasian - A Community Development Specialist, currently
at TAMUCC. Ms. Peterson has traveled extensively, speaks Spanish fairly fluently and appreciates
both the visual and performing arts. She is very interested in supporting the arts in Corpus Christi.
17. GENERAL-Phillabaum, Sherry/Female, Caucasian -
18. GENERAl_ - Phillips, Judi/Female, Caucasian - She has worked in the recreation field and is
interested in the quality of programming in Corpus Christi. She has had exposure to the grant writing
process and feels that she can objectively evaluate submissions.
19. ART - Ruiz, Carmen/Female, Hispanic - Local artist, photographer interested in the Art Community
of Corpus Christi.
20. ART -Talley, Dan/Male, Caucasian - Mr. Talley has had lifelong involvement in the arts, both
personally and professionally. As a registered amhitect, he has over 30 years' experience in the
development of public spaces, including aesthetic design, artistic presentation and artwork selection.
Dan's personal interests are primarily in the visual and performing arts.
21. GENERAL - Valadez, Dr. Gustavo Ortiz/Male, Hispanic- Mr. Ortiz is the current President of Del
Mar College and is an avid art collector of various works of art and assorted keyboard instruments.
He served for four years as a Fine Arts Commissioner in San Jose, Ca; and on art panels in Chicago,
and Missouri. Here in Corpus Christi he is active on the boards of the South Texas Museum of Art
and the Corpus Christi Symphony, as well as several chamber music organizations.
22. MUSIC/DANCE -Villa, Van/Female, Oriental - Ms. Villa has a diverse worldwide education, with a
major in French Literature from Vietnam. She has vast experience with dance and music and
volunteers in the community with several organizations.
23. POETRY-Zuniga, Rose/Female, Hispanic - dance, poetry
24. FINE ARTS-Chandler, PamlFemale, Caucasian - Graduate Texas A&M; English teacher assistant
for one year in Japan; Administrative Assistant for Creative Arts Center of So TX, Assistant to Director,
C.C. Concert Ballet; current Director for the Art Connection and Assistant to artist Ken UIIberg, Volunteer
for KEDT/KVRT and Corpus Christi Art Subgrant Peer Panel, the Jr. League of Corpus Christi and
docent at C. C. Museum of Science and History.
25. MUSIC-Lipman, Betsy/Female, Caucasian - graduate Boston Conservatory of Music; member of
adjunct faculty of the Hebrew University, Jerusalem, Israel. Assistant Director of the Barley School of
Music in New York and involved with Public Relations for Carl Fischer Music Publishing in Manhattan.
Active fund raiser and former board member of Jazz Society and Corpus Christi Ballet.
21
CITY COUNCIL
AGENDA MEMORANDUM
Date: August 20, 2002
AGENDA ITEM:
A. Motion authorizing the City Manager or his designee to accept a grant in the amount of$10,000
from the State of Texas Comptroller of Public Accounts for tobacco compliance and prevention
activities.
B. Ordinance appropriating $10,000 in the No. 1050 Federal/State Grants fund from the State of
Texas Comptroller of Public Accounts for tobacco compliance and prevention activities; and
declaring an emergency.
ISSUE: The State has funding available to encourage compliance and enforce regulations governing
the sale, distribution, and use of cigarettes and tobacco products as mandated by Senate Bill 55. This
block grant is available to help defray some of the costs associated with enforcement of tobacco
regulations.
BACKGROUND INFORMATION: For the fourth year, the Comptroller's office is providing
funding to local law enforcement agencies to encourage compliance and enforce regulations
governing the sale, distribution, and use of cigarettes and tobacco products as mandated by Senate
Bill 55. Block grant funds were authorized to help agencies defray some of the costs associated with
enforcement of tobacco regulations. The funds will be used for the following compliance activities:
· On-site compliance inspections of cigarette or tobacco permitted retail outlets that may
result in the issuance of citations using minors as decoys ("stings")
· On-site compliance inspections that may result in the issuance of citations without using
minors as decoys, i.e. violations for signs not posted, lack of proper certification)
· Compliance education for retailers or school age children
· Required report'mg to the Comptrollers office
Officers on an overtime basis will conduct these activities. During the first three years of operations,
the Police Department conducted over 453 compliance inspections and issued over 1,238 citations
and 282 warnings.
FUNDING: There is no match required by the City.
REQUIRED COUNCIL ACTION: Accepting the grant award and appropriating funds.
RECOMMENDATION:
Staffrecommends acceptance of the grant award.
Chief of PolVce
ADDITIONAL SUPPORT MATERIAL
Award Letter
Grant acceptance agreement and compliance standards
COMPTROLLER OF PUBLIC ACCOUNTS
P.O. BOX 13528
AUSTIN, TX 78711-3528
August 1, 2002
Pat P. Eldfidge
Corpus Christi Police Department
Post Office Box 9016
Corpus Christi, Texas 78469-9016
Dear Pat:
Congratulations.* Your department has been awarded a Tobacco Compliance grant in the amount of $10,000 under the
provisions of the Tex. Health & Safety Code Ann. Sec. 161.088(b) (Vernon's Supp. 1999), for Fiscal Year 2003
beginning September 1, 2002.
Enclosed you will find the "Grant Acceptance Agreement and Compliance Standards" form. To accept your grant
award, please have an authorized official of your law enforcement agency sign and return the agreement to the following
address by August 30, 2002.
Texas Comptroller of Public Accounts
Attention: Aurora Servantes
Post Office Box 12010
Austin, Texas 78711-2010
If we do not hear from you, your grant application will be rejected. In addition, each grantee must begin implementation
of the grant provisions within 30 days after attending a technical assistance workshop. Any exception to this
requirement will require review and written approval by the Comptroller or the Comptroller's designee. Please keep a
copy of the Grant Acceptance Agreement for your files.
As a condition of receiving this grant, your officers are required to complete the "Texas Cigarette/Tobacco Inspection
Report" when making tobacco compliance inspections. A copy of the report form will be distributed in technical
assistance workshops presented by the Statewide Tobacco Education Program (STEP). These inspection reports are due
on the 10th day of the month following each month that compliance activities are performed. Because STEP will be
providing technical and other assistance to you as a Tobacco Compliance grantee, we ask that you send your monthly
inspection reports to:
Statewide Tobacco Education and Prevention
1700A Ranch Road 12, Suite 218
San Marcos, Texas 78666-4610
Attendance at a technical assistance workshop is mandatory. STEP will mail information to grantees regarding who will
be required to attend and the scheduling of these workshops. If you have any questions regarding this letter, please
contact STEP at 1-888-783-7123. Thanks for all that you do for Texas.
Sincerely,
Carole Keeton Rylander
Texas Comptroller
Enclosure
c: Aurora Servantes
GRANT ACCEPTANCE AGREEMENT AND COMPLIANCE STANDARDS
By this agreement, Co~pus Christi Police Department (hereinafter "grantee") hereby agrees and certifies to
comply with all applicable provisions of the Uniform Grant and Contract Management Standards (UGCMS)
promulgated by the Office oftbe Governor pursuant to the Uniform Grant and Contract Management Act,
Chapter 183, Government Code. A copy of the UGCMS may be requested from the Office of the Governor.
Grantee acknowledges that appropriate approvals have been obtained from their governing body (city council
or county commissioners' court) to accept the grant funds specified in this agreement.
Grantee agrees to use or expend grant funds exclusively for the following compliance activities, unless
directed otherwise by the Comptroller's office:
On-site compliance inspections of cigarette or tobacco permitted retail outlets (e.g., grocery
stores, convenience stores, gas stations, mass merchandisers) that may result in the issuance
of citations using minors as decoys (i.e., "stings");
On-site compliance inspections that may result in the issuance of citations without using
minors as decoys (e.g., violations for signs not posted, lack of proper certification, direct
access by minors to cigareues or tobacco products, and the use or possession of cigarettes
or tobacco products by a minor);
· Compliance education for retailers or school age children;
· Filing monthly compliance activity reports and quarterly financial status reports.
The Grantee agrees to allocate grant funds for enforcement and compliance activities as suggested by the
Comptroller in the grant application or as otherwise approved by the Comptroller. Grantee agrees to send
local law enforcement agency representatives or officers to required training conducted by the Statewide
Tobacco Enforcement Program relating to stings and to other duties prescribed by Senate Bill 55, 75th
Legislature. Grantee agrees to comply with all applicable state and federal laws, regulations, and guidelines.
Grantee also agrees to maintain such data and information as required by the Comptroller's office, and to
submit reports containing such information as the Comptroller requires. Grantee agrees to comply with all
requirements imposed by die Comptroller concerning special requirements of law, program requirements,
and other administrative requirements.
The terms and conditions of the grant application are incorporated and made a part of this grant agreement
for all purposes. The Comptroller reserves the right under this agreement to amend the terms of the
agreement at any time and to impose additional requirements on the grantee at the sole discretion of the
Comptroller.
Grantee understands and acknowledges that failure to comply with the terms of this agreement (including
grant usage restrictions), or with any applicable state or federal law or regulation, may result in the forfeiture
of grant funds. Upon forfeiture, the Grantee may also be responsible for the return of the full amount of the
original grant to the Comptroller.
This grant award is in the amount of $10,000 and covers the period from September 1, 2002 through
August 31, 2003.
Name and Title of Official authorized to accept grant funds Department or Agency Name
on behalf of County or Municipality (Please print)
Signature of Authorized Official Date FEI Number (required)
ORDINANCE
APPROPRIATING $10,000 IN THE NO. 1050 FEDERAL/STATE GRANTS
FUND FROM THE STATE OF TEXAS COMPTROLLER OF PUBLIC
ACCOUNTS FOR TOBACCO COMPLIANCE AND PREVENTION
ACTIVITIES; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That $10,000 is appropriated in the No. 1050 Federal/State Grants Fund
from the State of Texas Comptroller of Public Accounts for tobacco compliance and prevention
activities.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for immediate
action necessary for the efficient and effective administration of City affairs and (2) suspends the
Charter rule that requires consideration of and voting upon ordinances at two regular meetings
so that this ordinance is passed and takes effect upon first reading as an emergency measure this
the day of ,2002.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
LEGAL FORM APPROVED
JAMES R. BRAY, JR.
CITY ATTORNEY
I "5 , 2002;
By:
Lisa Aguilar
Assistant City Attorney
H:~EO-DIR~LISA\ORD3\ORD3.542
22
CITY COUNCIL
AGENDA MEMORANDUM
Date: August 20, 2002
AGENDA ITEM:
A. Motion authorizing the City Manager or his designee to accept a grant m the amount of $449,736 fi-om
the Texas Automobile Tbel~ Prevention Authority (ATPA) to establish a proactive motor vehicle theft
enforceanent unit m the Pohee Department and to execute all related documents.
B. Ordinance appropriating $449,736 from the Texas Automobile Theft Prevention Authority (ATPA) m
the No. 1050 State and Federal Grant Fund; authorizing the transfer of $22,900 from the No. 6010 Law
Enforcement Trust Fund to, and appropriating $22,900 in the No. 1050 Sta~ and Federal Grant Fund as
the grant match.
ISSUE: The ATPA has awarded Year Two funding to the City of Corpus Christi and the grant must be
accepted and funds appropriated.
BACKGROUND INFORMATION: TheATPA was established m 1991 duetorismg autothells andis funded
through an annual $1 fee on every insured vehicle m Texas charged to insurance companies who provide vehicle
insurance coverage in Texas. The Texas Comptroller of Public Aecounts collects the fee. The funds will continue
the motor vehicle theft unit in the Police Department. The unit focuses not only on detection and apprehension,
but also on the estimated 40 or so salvage yards to reduce the sale of stolen vehicles and parts. There is an
extensive public awareness campaign that is a requirement of the grant; this has included a resurgenec of the
Operation HEAT program as well as other crime prevention programs focusing on reducing auto thefts.
Because thc funds are neither Federal nor State but from an insurance fee, thoro is no set time limit for the
grant to end; other grantees have been continuously funded for 9 years. Because the insurance companies
heavily support the program and the number of registered vehicles increase each year, the amount of funds
should continue to be available.
FUNDING: The grant includes funding for a Lieutenant to supervise the umt, two sworn CCPD officers,
one civilian GIS Specialist, one civihan Crime Analyst, and one civilian Management Assistant III. The three
civilians conduct dala analysis, erinle analysis, m~na~ th~ l'~quired public awareness campaign, and maintain
all grant paperwork. Funds are also included for a tempormy data entry clerk to assist with daily entry of
auto theft crime information. The City will provide $16,899 m in-kind costs through the office space and
other supplies with thc Law Enforcement Trust Fund providing $22,900 for equipment. There is no match
required by the City until Year 3; Year 3 and subsequent years are 80/20 with no declining percentage
thereafter. Proceeds from the sale of seized or forfeited equipment as a direct result of work conducted by the
Unit can be used for thc rcqnlrcd match.
REQUIRED COUNCIL ACTION: Approval to accept the grant and appropriate the funds.
RECOMMENDATION: Staff recommends approval.
ADDITIONAL SUPPORT MATERIAL
.x Award letter
Your
July 19, 2002
David R. Garcia
City Manager
City of Corpus Christi
P.O. Box 9277
Corpus Christi, Texas 78469
Re:
GRANTNBR: SA-T01-10045-03 YEAR OF FUNDING: 2
APPLICATION: City of Corpus Christi
TITLE: Corpus Christi Auto Theft Prevention Grant
AMOUNT: $ 449,736
Dear Mr. Gareia:
I am pleased to inform yon that the above referenced grant is approved in the amount indicated.
The grant award must be accepted within 30 days by completing and returning the enclosed
grantee acceptance notice in the pre-addressed envelope provided. A copy of the Automobile
Theft Prevention Authority's Grant Administrative Guide is being fonvardcd under separate
cover to the financial officer designated in your grant application.
I look forward to working with you to ensure the success of your program. Any questions
relating to the administration of this grant should be directed to our office by calling the Grant
Administrator, Charles Caldwell (512) 374-5108.
Sincerely,
Susan Sampson
Director, ATPA
RECEIVED
JUL 23 2002
MANAGER'S OFFICE
Texas Automobile Theft
Prevention Authority
Statement of Grant Award
Grant Number:
Grantee Name:
Project Title:
Grant Period:
SA-T01-10045-03
Corpus Christi
Corpus Christi Auto Theft Prevention Grant
09/01/2002 - 08/31/2003
ATPA Award: $449,736
Grantee Cash Match: $22,900
Grantee In-Kind Match: $16,899
Total Project Cost: $489,535
The Texas Automobile Theft Prevention Authority (ATPA) has awarded the above-referenced grant. The
approved budget is reflected in the attached Approved Budget Summary. This grant is subject to and
conditioned upon acceptance of the ATPA Grant Administrative Guide promulgated for this specific program fund
(referenced above) through the Automobile Theft Prevention Authority a listing of applicable special conditions are
listed below. Total project costs must be accounted for in accordance with the Uniform Grant and Contract
Management Standards and the Administrative Guide.
GRANTEE REQUEST FOR FUNDS
All Grantee request for funds shall be submitted to ATPA in accordance with the instructions provided
by ATPA and shall be in the form required by ATPA. Requests for funds will not be honored until all
special conditions outlined on the Statement of Grant Award and action required on the part of the
grantee have been satisfied.
GRANT ADJUSTMENTS
Grantee shall submit wdtten requests for grant adjustments, as required by the applicable ATPA Rule
contained in the Grant Administrative Guide for this specific program fund.
Special Conditions and Requirements:
City/County Resolution
July 19, 2002
AWARD DATE
Automobile Theft Prevention Authority
4000 Jackson Avenue, Austin, Texas 78779 512/374-5101
GRANTEE ACCEPTANCE NOTICE
AGREEMENT:
That whereas City of Cor~us Christi
hereinafter referred to as Grantee, has heretofore submitted a grant application to the Automobile Theft Prevention
Authority, State of Texas, entitled Auto Theft Prevention Grant
and further identified by grant number SA-T01-10045-03 .; and
Whereas, the Automobile Theft Prevention Authority has approved the grant application as evidenced by the
Statement of Grant Award from the Automobile Theft Prevention Authority dated 07/19/2002
certain special requirements; and
Whereas, the Grantee desires to accept the grant award, the Uniformed Grant and Contract Management
Standards, and special requirements as evidenced by the Statement of Grant Award;
Now, therefore, the Grantee accepts the aforementioned Statement of Grant Award, the Uniformed Grant and
Contract Management Standards and special requirements in the grant application and the Statement of Grant
Award as evidenced by the agreement, executed by the project director, the financial officer, and the official
authorized to sign the original grant application, or the official's successor, as presiding officer of and on behalf of
the governing body of this grantee; and
Now, therefore, the Grantee shall designate either the project director or the financial officer to
coordinate and be solely responsible for submission of adjustments pertaining to both program and
financial elements of the application, and the POSITION authorized to submit adjustments
NON-LOBBYInG CERTIFICATION:
We, the undersigned, certify that none of the grant funds, regardless of their source or character,
including local cash assumption of cost funds, shall be used in any manner to influence the outcome of any election
or the passage or defeat of any legislative measure.
A finding that a grantee has violated the certification shall result in the immediate termination of funding of the
project and the grantee shall not be eligible for future funding from the Automobile Theft Prevention Authority.
Certified By:
~..ame ~ Title(must print or ~e)
Date:
Signature of Ftnanclal Officer
~.a~me teA Tit]e(~ust print or type)
Official Agency Address(street or post office box)
Ci~/Zip C~/Telephone Numar
L ~(~ ~o ~ ~oo
Signature of Authorized Official
game 8b.Title (must print or type)
.o,
Official Agency Address (street or post office box)
Ciw/Zip C~e/Telephone Number
Texas Automobile Theft
Prevention Authority
Approved Budget Summary
Grant Number: SA-T01-10045-03 Region: 2000
Grantee: Corpus Chdsti, City of Date: 07118/02
Project Title: Corpus Chdsti Auto Theft Prevention Grant
Grant Period: 09/01/2002 to 08/31/2003
Funding Soume: Automobile Theft Prevention Authodty/TxDOT
ATPA Cash Match In-Kind TOTAL
A. Personnel: $394,985 $0 $0 $394,985
B. Contractual: $0 $0 $0 $0
C. Travel: $5,726 $5,000 $0 $10,726
D. Equipment: $34,000 $5,900 $0 $39,900
E. Supplies: $15,025 $12,000 $16,899 $43,924
F. Indirect: $0 $0 $0
Total: $449,736 $22,900 $16,899 $489,535
Budget Detail:
A. Crime Analyst 100% $ 35,000; Application Specialist (GIS) t00% $40,000; Management Asst. lll
100% $31,104; Lieutenant 100% $52,260; Senior Officer 100% $41,947; Senior Officer 100%
$49,500; Overtime $20,000; Temporary Data Entry 75% $17,222; Fringe Benefits $107,952
In State: ATPA Conference $2,304; AATI-DPS $450; State Fair-Dallas $1,752; Financial Crimes-Ins
Fraud $490;
Local Travel: Management Assr. Ill $730
Lease Vehicles (3) $24,000; Pager Wire & Receiving Unit $6,000; Portable Presentation Projector
$4,000
Office Supplies $4,000; Celular Phone Airtime $1,800; Pager $972; Public Awareness Media
$4,000; Fuel & Maint. $4,253.
-Law Enforcement. Detection and Apprehension
AN ORDINANCE
APPROPRIATING $449,736 FROM THE TEXAS AUTOMOBILE THEFT
PREVENTION AUTHORITY (ATPA) IN THE NO. 1050 STATE AND
FEDERAL GRANT FUND; AUTHORIZING THE TRANSFER OF $22,900
FROM THE NO. 6010 LAW ENFORCEMENT TRUST FUND TO, AND
APPROPRIATING $22,900 IN THE NO. 1050 STATE AND FEDERAL
GRANT FUND AS THE GRANT MATCH; AND DECLARING AN
EMERGENCY.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. That $449,736 from the Texas Automobile Theft Prevention Authority
(ATPA) is appropriated in the No. 1050 State and Federal Grant Fund to continue the motor vehicle
theft enforcement grant within the Police Department.
SECTION 2. That $22,900 is authorized to be transferred from the No. 6010 Law
Enforcement Trust Fund to, and appropriated in, the No. 1050 State and Federal Grant Fund as
matching grant funds.
SECTION 3. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for immediate action
necessary for the efficient and effective administration of City affairs and (2) suspends the Charter
rule that requires consideration of and voting upon ordinances at two regular meetings so that this
ordinance is passed and takes effect upon first reading as an emergency measure this the __ day
of ,2002.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
LEGAL FORM APPROVEDy~'-~ ,~ ~ , 2002;
JAMES R. BRAY, SR. (]
CITY ATTORNEY
By:
Lisa Aguilar
Assistant City Attorney
HSLEG-DIR~LISA\ORD3\ORD3.541
23
CITY COUNCIL
AGENDA MEMORANDUM
Date: 8~20~02
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to execute a contract with the
Texas Department of Protective and Regulatory Services for funding in the amount of
$500,674 from the Community Youth Development Program for the 78415 ZIP Code for
projects as recommended by the Community Youth Development Steering Committee
for Fiscal Year 2002 - 2003.
Ordinance appropriating $500,674 from the Texas Department of Protective and
Regulatory Services in the No. 1060 Federal/State Grants Fund to fund the Community
Youth Development Program in the 78415 ZIP Code for Fiscal Year 2002 - 2003 and
declaring an emergency.
Motion authorizing the City Manager, or his designee, to execute a subcontract with
Communities In Schools, Inc. in the amount of $356,325.00 to provide services for youth
ages 6 to 17 in the 78415 ZIP Code.
Motion authorizing the City Manager, or his designee, to execute a subcontract with the
Park and Recreation Department in the amount of $20,636.00 to provide services for
youth ages 6 to 17 in the 78415 ZIP Code.
Motion authorizing the City Manager, or his designee, to execute a subcontract with
Youth Odyssey, Inc. in the amount of $35,765.00 to provide services for youth ages 12
to 17 in the 78415 ZIP Code.
ISSUE:
The Texas Department of Protective and Regulatory Services (TDPRS) is continuing to
fund the Community Youth Development Program in various cities throughout the state.
The City of Corpus Christi has been allocated $500,674 in program funds for Fiscal Year
2002 - 2003 to be used in the 78415 ZIP Code area.
REQUIRED COUNCIL ACTION:
Acceptance of federal grants and contracts in excess of $15,000 require Council approval.
PRIOR COUNCIL ACTION:
On May 28, 2002 Council approved the Community Youth Development programs for Fiscal
Year 2002-2003 as recommended by the Community Youth Development Steering Committee.
FUTURE COUNCIL ACTION:
Amendments in excess of $15,000 to the agreement with the Texas Department of Protective
and Regulatory Services require City Council approval.
Page 2, Agenda Memorandum
COMMUNITY YOUTH DEVELOPMENT STEERING COMMITTEE REVIEW:
The Community Youth Development Steering Committee approved the program package in a
special celled meeting on May 9, 2002.
RECOMMENDATION:
The CYD Steering Committee and Staff recommend approval of the $500,674 Community
Youth Development Program as presented for Fiscel Year 2002 - 2003.
ADDITIONAL SUPPORT MATERIAL
Background Information
Contract Summary
Ordinance/Resolution
X
Daniel L. Whitworth, Director
Park and Recreation Department
CITY COUNCIL
AGENDA MEMORANDUM
Additional Background Information
BACKGROUND: In 1995, the Texas Department of Protective and Regulatory Services
(TDPRS) developed a program to fund local grass roots efforts in the highest juvenile crime
areas of the state by ZIP Code. The program created activities that were not currently available
within the 78415 ZIP Code area. These activities were made available to youth ages 17 and
under. Eligible activities must fall within the following categories: mentoring, education,
activities, or employment.
In FY 98-99, thirteen ZIP Codes in thirteen cities (McAilen, 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.
In FY 00-01, two additional ZIP Codes were added to the list of CYD target areas (another in
Dallas and a new one in Pasadena). Currently, fifteen ZIP Codes in 14 cities aro designated
as CYD service areas.
On May 29, 2002, TDPRS officially informed all CYD contractors of the CYD contract renewal
at the funding level ($500,674) for the Fiscal Year 2001-2002. In anticipation of this, the City of
Corpus Christi, as 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 $ 589,677.00 were
reviewed. On May 9, 2002, the Community Youth Development Steering Committee voted to
recommend the following proposals for submission to TDPRS:
1. Communities In Schools, Inc. - Mentoring, Youth Activities,
Education and Pre-Employment Programs
356,325.00
2. Park and Recreation Department- Youth Activities
20,636.00
3. Youth Odyssey, Inc. - Youth Activities
35,765.00
4. City-Administrative Fees, Pr~ect Coordinator 87,948.00
$500,674.00
78415 COMMUNITY YOUTH DEVELOPMENT PROGRAM
CONTRACT SUMMARY
The contract between the City of Corpus Christi and the Texas Department of
Protective and Regulatory Services (TDPRS) contains the following provisions
exclusive to this contract:
The objective of the contract amendment is to award additional program monies
in the amount of $500,000.00 to the City in order to fund current or new programs
for youth in the 78415 zip code area.
Total administrative costs charged to the contract, including subcontractor's
administrative costs, cannot exceed 10% of the contract amount ($50,000). Total
administrative costs for this program have never exceeded 10% and are not
expected to exceed this amount in the future.
The City agrees to provide the following programs using the services of three
subcontractors: mentoring, youth activities, youth employment, and educational
programs.
The City will have until the 30th of the following month to submit bills to TDPRS
for payment for previous month's services. TDPRS will try to process the bills
received in an accurate and timely manner but does not guarantee immediate
payment.
e. A self-evaluation report must be submitted to TDPRS within 90 days following the
end of the contract pedod.
Minor changes in service delivery shall be negotiated between the subcontractor
and the City and reported to the Steedng Committee and TDPRS within 30 days.
Substantial changes to program services must be approved in writing, in
advance, by the Steering Committee. Any changes to the type of service to be
provided, or requiring development of a new subcontract, must be approved in
advance by both the Steering Committee and TDPRS.
2. The contract between the City of Corpus Christi and Communities In Schools, Inc.,
City of Corpus Christi Park and Recreation Department, and Youth Odyssey, Inc.
contain the following provisions exclusive to these contracts:
a. Subcontractors will have until the l0th of the following month in which the service
is provided to submit billings to the City for payment.
b. Subcontractors must submit Consent Forms, Registration Forms and a Monthly
Participant Summary Sheet with their monthly billings. Failure to submit these
forms will delay reimbursement of that month's billings.
Page 2, Contracts Summary
3. All
a.
Subcontractors must submit a self-evaluation report to the City within 45 days
following the end of the contract pedod.
Subcontractors must secure prior written approval: 1) For transfers between line
items for any dollar amount; 2) When transfers, regardless of the amount, would
result in a significant change in the character or scope of the programs; 3) When
needing to add a line item, cost or expenditure to the budget. Lack of prior
approval in these instances will be grounds for nonpayment of the item or items
involved and/or termination of this contract at the option of the Fiscal Agent.
contracts include the following provisions:
The obligations of the City and TDPRS under this Contract are expressly
contingent upon the availability of funds for such purpose under the funding
sources. If funds for this contract become unavailable during any budget period,
these contracts may be immediately terminated or reduced at the discretion of
TDPRS.
The term of the contract is for one year from September 1, 2002 through
August 31, 2003.
The City and subcontractors will be responsible for the protection of all
equipment purchased with program monies by subcontractors for their programs.
Equipment is defined as costing more than $2,500 and having a life expectancy
of more than 2 years.
All financial, programmatic, and supporting documentation and records must be
kept a minimum of five years after the termination of the contract period.
ORDINANCE
APPROPRIATING $500,674 FROM THE TEXAS DEPARTMENT OF
PROTECTIVE AND REGULATORY SERVICES IN THE NO. STATE OF
TEXAS, CRIMINAL JUSTICE DIVISION, IN THE NO. 1060 COMMUNITY
YOUTH DEVELOPMENT FUND TO FUND THE COMMUNITY YOUTH
DEVELOPMENT PROGRAM IN THE 78415 ZIP CODE FOR FISCAL YEAR
2002-2003 AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That $500,674 is appropriated from the Texas Department of Protective and
Regulatory Services in the No. 1060 Community Youth Development Fund to fund the Community
Youth Development Program in the 78415 Zip Code for Fiscal Year 2002-2003.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for immediate action
necessary for the efficient and effective administration of City affairs and (2) suspends the Charter
nde that requires consideration of and voting upon ordinances at two regular meetings so that this
ordinance is passed and takes effect upon first reading as an emergency measure this the __. day
of ,2002.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal
Mayor
LEGAL FORM APPROVED
JAMES R. BRAY, JR.
CITY ATTORNEY
,2002;
By:
Lisa Aguilar, ~sistant City Attomey
H:kLEG-DIRLLI SA\OPd)3\ORD3.5 3 6
24
CITY COUNCIL
AGENDA MEMORANDUM
August 20, 2002
AGENDA ITEM: a) Motion authorizing the City Manager, or designee, to execute an
amendment to the contract with BFI of Texas, L. P., offering a 15% discount off the
contract rate when more than 33% of additional tonnage over the base 150,000 tons is
delivered in a contract year.
b) Motion authorizing the City Manager, or designee, to execute an amendment to the
contract with Captain Hook, Inc., offering a 15% discount off the contract rate when more
than 33% of additional tonnage is delivered in a contract year.
c) Motion authorizing the City Manager, or designee, to execute an amendment to the
contract with Sixteen Services, Inc., offering a 15% discount off the contract rate when
more than 33% of additional tonnage is delivered in a contract year.
ISSUE: To amend the existing "Put or Pay" contract with Commemial Solid Waste Haulers
delivering acceptable waste to the J. C. Elliott Landfill for disposal allowing for 15% pement
discount on the contract rate when more than 33% of additional tonnage is delivered in a
contract year.
BACKGROUND: With the acquisition and anticipated development of the Cefe
Valenzuela landfill it is necessary to have a consistent flow of solid waste tonnage to
develop a sound business plan for the project. Additionally, competition for solid waste in
the Coastal Bend COG from competing landfills in San Antonio and Robstown had resulted
in a decline in solid waste tonnage with a resulting revenue loss. The amendments will
allow for increased tonnage deliverables for current contract holders and others who have
operated as sub-contractors for at least one contract year with these same contract
holders.
RECOMMENDATION:
Approve amendment as submitted.
~l~el~y/D. Kapl~n
~' Director, Solid Waste Services
H/Iorilie/billie/citycouncil/amnd haulers contracts 02-03
AMENDMENT #1 TO
WASTE DISPOSAL AGREEMENT
BETWEEN CITY OF CORPUS CHRISTI
AND BFI WASTE SYSTEMS OF TEXAS, L.P.
This document amends the Waste Disposal Agreement ("Agreement") between the City
of Corpus Christi ("the City"), and BFI Waste Systems of Texas, L.P. ("Hauler")
executed on June 28, 2001.
The pa[ties agree to the following amendments to the Agreement:
1. Section 2.3 of the Agreement is amended by adding a new subsection 2.3.3 to read
as follows:
"2.3. Adjustments to Guaranteed Tonnage.
2.2.1. Commencing on the effective date, the Hauler guarantees to deliver not
less than 150,000 tons per year (,'guaranteed annual tonnage") of jurisdictional
waste and acceptable waste collected outside the City's limits to the Landfill, and
the City guarantees that it will accept the waste.
"2.3.3. If the Hauler increases the Hauler's volume by a minimum of an
additional 33% or more over the guaranteed annual tonnaqe established in
Subsection 2.2.1., the Hauler is eligible for a discount off of the per ton til3Din(~
fee. Once established the discount will apply from the base year in which the
discount was first calculated, and will apply to alt succeeding years keeping the
base tonnage calculation intact."
2. Section 3.1 of the Agreement is amended by adding a new subsection 3.3.3 to read
as follows:
"ARTICLE 3. FEES
"3.3.3. Discount for Increased Tonna~le. If the Hauler increases the Hauler's volume
by a minimum of an additional 33% or more over the guaranteed annual tonnage
established in Subsection 2.2.1., the Hauler is eligible for a 15% discount off of the
$19.50/ton tipping fee ($16.58/ton, plus any mandated Federal or State fees). The
lower tipping fee will be applied retroactively to the additional waste once 33% threshold
is reached. Once a new base tonnage is calculated under Subsection 2.3.3, the City
will reduce it's billinq to the Hauler at the beginning of each succeeding year."
4. Section 14.1 of the Agreement is revised to read as follows:
"ARTICLE 14. MISCELLANEOUS PROVISIONS.
R23334A2 Page 1 of 3
"14.1. Entire Agreement. This Agreement merges and supersedes all prior
negotiations, representations, and agreements between the parties. This Agreement
and Amendment #1 to this A.qreement constitutes the entire agreement between the
parties to this Agreement in respect of the subject matter of this Agreement.
The parties to this Agreement have caused this amendment to be executed on the date
the City's representative executes this agreement. This Agreement is intended to take
effect as a sealed instrument."
AGREED TO BY:
/
BFI WASTE SY T '~SOF/~EXAI, L.P.
Mickey Shuford
District Vic~ PrlsidenI
Date: 0~
THE STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on
by Mickey Shuford, District Vice President, on behalf of BFI Waste Systems of
Texas, L.P., a limited partnership.
,2002,
Notary Public
State of Texas
CITY OF CORPUS CHRISTI
David R. Garcia
City Manager
Date:
Attest:
Armando Chapa
City Secretary
R23334A2 Page 2 of 3
Approved as to form: This day of ,2002
James R. Bray, Jr.
City Attorney
By:
R. Jay Reining
First Assistant City Attorney
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on ,2002, by
David R. Garcia, City Manager of the City of Corpus Christi, a Texas Municipal
Corporation, on behalf of said corporation.
Notary Public
State of Texas
R23334A2 Page 3 of 3
AMENDMENT #1 TO
WASTE DISPOSAL AGREEMENT
BETWEEN CITY OF CORPUS CHRISTI
AND CAPTAIN HOOK, INC.
This document amends the Waste Disposal Agreement ("Agreement") between the City
of Corpus Christi ("the City"), and Captain Hook, Inc. ("Hauler") executed on July 19,
2001.
The parties agree to the following amendments to the Agreement:
1. Section 2.2 of the Agreement is amended by adding a new subsection 2.2.3 to read
as follows:
"2.2. Guaranteed Tonnage.
"2.2.3. If the Hauler increases the Hauler's volume by a minimum of an
additional 33% or more over the amount delivered in the first contract year, the
Hauler is eligible for a discount off of the per ton tipping fee. Once established
the discount will apply from the base year in which the discount was first
calculated, and will apply to all succeeding years keeping the base tonnage
calculation intact."
2. Article 3 of the Agreement is amended by adding a new subsection 3.4 to reads
follows:
"ARTICLE 3. FEES
"3.4. Discount for Increased Tonnage. If the Hauler increases the Hauler's volume
by a minimum of an additional 33% or more over the amount delivered in the first
contract year, the Hauler is eligible for a 15% discount oft' of the $19.50/ton tipping fee,
(e.g. $16.58/ton, plus any mandated Federal or State fees). The lower tippin.q fee will
be applied retroactively to the additional waste once 33% threshold is reached. Once a
new base tonnaqe is calculated under Subsection 2.2.3, the City will reduce it's billing to
the Hauler at the beginning of each succeeding year."
4. Section 14.1 of the Agreement is revised to read as follows:
"ARTICLE 14. MISCELLANEOUS PROVISIONS.
"14.1. Entire Agreement, This Agreement merges and supersedes all prior
negotiations, representations, and agreements between the parties. This Agreement
R23334B1
Page 1 of 3
and Amendment #1 to this A.qreement constitutes the entire agreement between the
parties to this Agreement in respect of the subject matter of this Agreement."
The parties to this Agreement have caused this amendment to be executed on the date
the City's representative executes this agreement. This Agreement is intended to take
effect as a sealed instrument.
AGREED TO BY:
CAPTAIN HOOK, INC.
President
Date:
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on ,2002,
by Diane Torrey, President, on behalf of Captain Hook, Inc., a Texas Corporation.
Notary Public
State of Texas
CITY OF CORPUS CHRISTI
David R. Garcia
City Manager
Date:
Attest:
Armando Chapa
City Secretary
R23334B1
Page 2 of 3
Approved as to form: This day of ,2002
James R. Bray, Jr.
City Attorney
By:
R. Jay Reining
First Assistant City Attorney
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on ,2002,
by David R. Garcia, City Manager of the City of Corpus Christi, a Texas Municipal
Corporation, on behalf of said corporation.
Notary Public
State of Texas
R23334B1
Page 3 of 3
AMENDMENT #1 TO
WASTE DISPOSAL AGREEMENT
BETWEEN CITY OF CORPUS CHRISTI
AND SIXTEEN SERVICES, INC.
This document amends the Waste Disposal Agreement ("Agreement") between the City
of Corpus Christi ("the City"), and Sixteen Services, Inc. ("Hauler") executed on July 19,
2001.
The parties agree to the following amendments to the Agreement:
'1. Section 2.2 of the Agreement is amended by adding a new subsection 2.2.3 to read
as follows:
"2.2, Guaranteed Tonnage.
"2.2.3. If the Hauler increases the Hauler's volume by a minimum of an
additional 33% or more over the amount delivered in the first contract year, the
Hauler s e .Cl b e for a discount off of the per ton tipping fee, Once established
the discount will apply from the base year in which the discount was first
calculated, and will apply to all succeedin.q years keepinq the base tonnage
calculation intact."
2. Article 3 of the Agreement is amended by adding a new subsection 3.4 to reads
follows:
"ARTICLE 3. FEES
"3.4. Discount for Increased Tonna,qe. If the Hauler increases the Hauler.s volume
by a minimum of an additional 33% or more over the amount delivered in the flint
contract year. the Hauler is eligible for a 15% discount off of the $19.50/ton til~loin~ fee.
(e.~. $16.58/ton, plus any mandated Federal or State fees). The lower tipping fee will
be applied retroactively to the additional waste once 33% threshold is reached. Once R
new base tonnage is calculated under Subsection 2.2.3, the City will reduce it's billing t(~
the Hauler at the beginning of each succeeding year."
4. Section 14.1 of the Agreement is revised to read as follows:
"ARTICLE 14. MISCELLANEOUS PROVISIONS.
"14.t. Entire Agreement. This Agreement merges and supersedes all prior
negotiations, representations, and agreements between the parties. This Agreement
R23334C1
Page 1 of 3
and Amendment #1 to this Aareement constitutes the entire agreement between the
parties to this Agreement in respect of the subject matter of this Agreement."
The parties to this Agreement have caused this amendment to be executed on the date
the City's representative executes this agreement. This Agreement is intended to take
effect as a sealed instrument.
AGREED TO BY:
SIXTEEN SERVICES, INC.
~---""-Lawrence A. Woods
Vice President
Date:
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on ,2002,
by Lawrence A. Woods, Vice President, on behalf of Sixteen Services, Inc., a Texas
Corporation.
Notary Public
State of Texas
CITY OF CORPUS CHRISTI
David R. Garcia
City Manager
Date:
Attest:
Armando Chapa
City Secretary
R23334C1
Page 2 of 3
Approved as to form: This __ day of ,2002
James R. Bray, Jr.
City Attorney
By:
R. Jay Reining
First Assistant City Attorney
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on ,2002,
by David R. Garcia, City Manager of the City of Corpus Chdsti, a Texas Municipal
Corporation, on behalf of said corporation.
Notary Public
State of Texas
R23334C1
Page 3 of 3
25
CITY COUNCIL
AGENDA MEMORANDUM
City Council Meeting July 16, 2002
AGENDA ITEM: Ordinance authorizing the City Manager, or his designee, to execute a five-
year lease with the Young Men's Christian Association of Corpus Christi, a non-profit
corporation, for the use of the T.C. Ayers pool and adjacent grounds and in consideration of
the Young Men's Christian Association maintaining the premises and improvements; providing
for severance; and providing for publication.
ISSUE: The previous Use Permit for the premises expired on August 31, 1998 and the YMCA
of Corpus Christi has asked for a five-year lease on the premises. The association is in good
standing with the Park and Recreation Department.
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
additional premises.
RECOMMENDATION: Staff recommends that the five-year lease with the YMCA of Corpus
Christi be approved.
Daniel L. Whitworth,
Director of Park and Recreation
ADDITIONAL SUPPORT MATERIAL
Background Information X
Lease Summary X
Ordinance X
Map X
AGENDA MEMORANDUM
BACKGROUND INFORMATION
BACKGROUND: The YMCA of Corpus Christi, Inc. has been operating a swimming program
at the T.C. Ayers Pool at 1722 Winnebago under one-year use permits since 1992. The pool
is maintained by the Park and Recreation Department but is monitored by the YMCA. The
lifeguards are employees of the YMCA and provide supervision for open swim for the
community near the pool as well as groups of youth from different Park and Recreation and
YMCA programs who are transported to the facility.
AGENDA MEMORANDUM
LEASE SUMMARY
1. The lease will be for a five-year term.
3. Lessee agrees to operate a youth swimming program from May 1~ through August 31st of
each lease year and maintain the premises.
2. Lessee agrees to secure and maintain, at lessee's expense during the term of the
Agreement, a commercial general liability insurance policy.
3. Either City or lessee may terminate the lease without cause by giving 30 days written notice
to the non-terminating party.
4. Lessee will perform a chemical check of the pool's water every two hours during the
Lessee's exclusive use periods to ensure that the pool water meets the standards found
in the City's Code of Ordinances, Section 23-57, as amended. Following the conclusion
of each chemical check, Lessee must ensure that the Park Operations Division is notified
so that any necessary chemical adjustment be made.
5. Lessee will maintain a daily chemical check log.
6. Lessee will vacuum the pool, remove debris from the water, and sweep the pool area as
needed during Lessee's exclusive use periods. At all other times, the same services must
be provided by Lessee at least twice per month.
7. Lessee will pick up and properly dispose of litter and inspect the pool's restrooms on a daily
basis during Lessee's exclusive use period.
8. Lessee will clean and disinfect the pool's restrooms daily during Lessee's exclusive use
periods. At all other times, the same services must be provided by Lessee at least twice
per month, making sure the toilets are flushed and leaving one cup of bleach in each toilet
as a disinfectant.
YMCA OF CORPUS CHRISTI LEASE
EXHIBIT A
IVIARTIN LUTHER KING DR.
LEGEND
AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXE-
CUTE A FIVE-YEAR LEASE WITH THE YOUNG MEN'S CHRISTIAN
ASSOCIATION OF CORPUS CHRISTI, A NON-PROFIT CORPOR-
ATION, FOR THE USE OF T. C. AYERS POOL AND ADJACENT
GROUNDS AND IN CONSIDERATION OF THE YOUNG MEN'S CHRIS-
TIAN ASSOCIATION MAINTAINING THE PREMISES AND IMPROVE-
MENTS; 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 the Young Men's Christian Association of Corpus Christi, a non-profit corpor-
ation, for the use of T. C. Ayers Pool and adjacent grounds and in consideration of the
Young Men's Christian Association 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 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.
That the foregoing, ordinance was read. for the first time and passed to its second read-
ing on this the -! [ 0~'~day of ~._.L ~ , 2002, by the following vote:
Samuel L. Neal, Jr. ~ Rex A. Kinnison ~J~
Henry Garrett ~ John Longoria
-
Brent Chesney ~ Jesse Noyola
Javier D. Colmenero ~F~.t .)~.~' Mark Scott
Bill Kelly I..~.,
That the foregoing ordinance was read for the second time and passed finally on this
the day of
Samuel L. Neal, Jr.
Henry Garrett
Brent Chesney
Javier D. Colmenero
Bill Kelly
., 2002, by the following vote:
Rex A. Kinnison
John Longoria
Jesse Noyola
Mark Scott
PASSED AND APPROVED on this the
ATTEST:
day of
CITY OF CORPUS CHRISTI
,2002.
By: By:
Armando Chapa, City Secretary
Samuel L. Neal, Jr., Mayor
APPROVED AS TO LEGAL FORM this _O~day of ~
JAMES R. BRAY, JR., CITY ATTORNEY
.,2O02.
26
CITY COUNCIL
AGENDA MEMORANDUM
City Council Meeting July 23, 2002
AGENDA ITEM: An ordinance authorizing the City Manager, or his designee, to
execute a five-year lease with Marbella Grill, Inc., doing business as Christian's
House, for the use of City property, to wit: Merriman-Bobys House in Heritage
Park, to operate as a food service operation. A copy of the lease, including
exhibits that are attached to and incorporated into the lease, is on file with the
City Secretary.
ISSUE: Christian Chavanne of Christian's House has operated his food
establishment under a one-year lease agreement in the Merriman-Bobys House.
He has expressed an interest in a five-year contract for the use of the Merriman-
Bobys House.
REQUIRED COUNCIL ACTION: A five-year contract requires Council approval.
RECOMMENDATION: Staff recommends approval of a five-year contract with
Christian's House.
ADDITIONAL SUPPORT MATERIAL
Contract Summary
Background Information
Ordinance/Resolution
X
X
X
Daniel Whitworth, Director
Park & Recreation Department
H:\PR-DIR\SHARED\HP MultiCultural Services\Council Agenda ItemshMBhouse2AGNFRMem.doc
Backgroundlnformafion
The City has leased houses in Heritage Park since the first three homes were
moved on site in the 1970's. The City constructed Heritage Park around those
homes and has since added several more structures to complete the historical
home project. The City owns all nine of the homes located in Heritage Park.
Seven of the nine homes, all but the Galvan and Sidbury, are leased from the
City. The homes in Heritage Park were moved to the site and renovated over a
period of several years.
The Merriman-Bobys house has had several tenants over the years. Originally
the Corpus Christi Arts Council operated it. Since the original tenant, several
shod-term leases have been used in an attempt to maintain a food service
operation in Heritage Park.
Christian's House has been a positive enhancement to Heritage Park and has
made lease payments on time.
The Lease originally sent to the City Council for approval called for a lease
payment of $300 per month. City Council directed staff to renegotiate the terms
of the agreement to incorporate an escalating percentage of gross receipts along
with a monthly minimum. The revised lease payment agreement stipulates the
following:
"For each of the first twelve months (year 1) of this Lease, Lessee must pay City
a monthly rental of 1% of the preceding calendar month's Gross Receipts or
$300, whichever is greater;
For each of the next twenty-four months (years 2 & 3) of this Lease, Lessee must
pay City a monthly rental of 2% of the preceding calendar month's Gross
Receipts or $300, whichever is greater; and
For each of the remaining months (years 4 & 5) of this Lease, Lessee must pay
City a monthly rental of 3% of the preceding calendar month's Gross Receipts or
$300, whichever is greater."
Lessee has requested designation of eight (8)-parking spaces within the general
parking of Heritage Park.
H:~PR-DIR\SHARED\HP MultiCultural Services\Council Agenda Items~/vlBhouse2AGNFRMem.doc
Contract Summary
PARTIES:
TERM:
AGREEMENT:
City of Corpus Christi Park & Recreation
Marbella Grill, Inc.
Five-Year lease agreement
Lessee will operate a food service business.
PAYMENT TERMS: For each of the first twelve
months (year 1) of this Lease, Lessee must pay City a
monthly rental of 1% of the preceding calendar
month's Gross Receipts or $300, whichever is
greater;
For each of the next twenty-four months (years 2 & 3)
of this Lease, Lessee must pay City a monthly rental
of 2% of the preceding calendar month's Gross
Receipts or $300, whichever is greater; and
For each of the remaining months (years 4 & 5) of this
Lease, Lessee must pay City a monthly rental of 3%
of the preceding calendar month's Gross Receipts or
$300, whichever is greater.
OTHER: Lessee grants to Parks the right to continue
public tours through the Premises.
Lessee will be designated up to eight parking spaces
within Heritage Park during operating hours.
Lessee will pay for own electrical and telephone
services.
Lessee will maintain interior and the City will maintain
exterior of building.
H:~PR-DIR\SHARED~IP MultiCultural Services\Council Agenda ItemshMBhouse2AGNFRMem.doc
AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A
FIVE-YEAR LEASE WITH MARBELLA GRILL, INC., D.B.A. CHRISTIAN'S
HOUSE, FOR THE USE OF CITY PROPERTY, TO WIT: MERRIMAN-BOBYS
HOUSE IN HERITAGE PARK, TO OPERATE AS A FOOD SERVICE OPERA-
TION; 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 Marbella Grill, Inc., doing business as Christian's House, for the use of City property, to
wit: Merriman-Bobys House in Heritage Park, to operate as a food service operation. 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 reason, any section, paragraph, subdivision, clause, phrase, word
or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a
court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision,
clause, phrase, word or provision of this ordinance, for it is the definite intent of 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.
That the f~%qoing ordinance was~read for the first time and passed to its second reading on
thisthe ~,/~_~ dayof ~z~.~ ,2002, by the following vote:
Samuel L. Neal, Jr. L~' ,/'-"7~'~'/b~ Rex A. Kinnison ~
Henry Garrett ~/~
Brent Ohesney
Javier D. Colmenero ~-~ ~
Bill Kelly ~
John Longoria
Jesse Noyola
Mark Scott
That the foregoing ordinance was read for the second time and passed finally on this
the day of
Samuel L. Neal, Jr.
Henry Garrett
Brent Chesney
Javier D. Colmenero
Bill Kelly
,2002, by the following vote:
Rex A. Kinnison
John Longoria
Jesse Noyola
Mark Scott
PASSED AND APPROVED on this the
ATTEST:
day of
CITY OF CORPUS CHRISTI
,2002.
By:
Armando Chapa, City Secretary
By:
Samuel L. Neal, Jr., Mayor
APPROVED AS TO LEGAL FORM this .//_~'/t~ay of
James~YlBy: (~_,~.///~-,~ ~ ~Jr" City Attorney .
Elizabeth~. Hundley, Assistal~t City Atto~
H \LEG-DIRlelizabeth\ELIZABE~,EHord01 100~EHord 119 wpd
,2002.
27
AGENDA MEMORANDUM
July 16, 2002
SUBJECT: Corpus Christi International Airport Shuttle Service Concession Lease Agreement
AGENDAITEMS:
Recommendation of an Ordinance authorizing the City Manager, or designee, to execute a
Shuttle Service Concession lease agreement with Jangee, Inc. for the operation of a Shuttle
Service Concession at the Corpus Christi International Airport in consideration of payment
of six percent of the Concessionaire's gross revenues for a term of up to twelve months; and
declaring an emergency.
Recommendation of an Ordinance authorizing the City Manger, or designee, to execute a
Shuttle Service Concession lease agreement with Jangee, Iric for the operation of a Shuttle
Service Concession at the Corpus Christi International Airport in consideration of payment
of six percent of the Concessionaire's gross revenues for a term of 36 months with the option
to extend three additional one-year periods by mutual agreement of the Concessionaire and
the City.
ISSUES:
At this time, Corpus Christi International Airport does not have this service available. This will
provide CCIA with a shuttle service for the citizens of Corpus Christi and the Surrounding
communities as well as visitors to our area.
FUNDING: The contract will be revenue generating for the airport.
RECOMMENDATION: Staff recommends the award of a short and long term lease agreement to
Dave Hamrick Daf'e ~
Director of Aviation
ADDITIONAL SUPPORT MATERIAL
Exhibit A. Background Information
BACKGROUND INFORMATION
July 16, 2002
BACKGROUND:
The owners of Jangee, Inc., Mr. and Mrs. Dan Rodriguez of Corpus Christi, approached airport
staff with the desire to provide shuffle service at the Corpus Chdsti International Airport. The airport
staff worked with Jangee, Inc. to provide for a mutually beneficial lease agreement to provide
shuttle service for the city and surrounding communities. Gross Revenue from the service will be
comprised of the concessionaire's business conducted at the Airport, which includes revenue
received from passengers, hotel courtesy vehicle contracts, attraction ticket sales, airline baggage
contracts and airline personnel courtesy delivery contracts. The concessionaire shall pay Corpus
Christi International Airport six percent of their gross revenue per month. Based upon
concessionaire projections, this could mean $60,000 annually to the AirporL
Jangee, Inc. will offer their services to and from the airport including travel downtown, dty wide and
surrounding communities. Their routes have been broken into Zones ranging from A through N and
Zones 1 and 10 for surrounding areas, Fares for Zones A through N range from $8 to $14; fares
for Zones 1 through 10 range from $10 through $115,
Jangee, Inc. proposes to begin operation at Corpus Christi International Airport promptly, pending
City Council approval. The shuttle service will have two 15-seat passenger vans in operation at
Corpus Christi International Airport. Upon completion of the new Airport Terminal in October, the
shuttle service will have a total of three 15-seat passenger vans in operation at the Airport.
PRIOR COUNCIL ACTIONS:
No prior actions have been taken.
FUTURE COUNCIL ACTIONS: Council will be requested to act on the following items:
· Second reading of the ordinance for the 36-month lease in August, 2002.
BOARD COMMITTEE REVIEW:
The recommended lease agreement was presented to the Airport Advisory Board at their monthly
meeting on April 8, 2002. The Board voted and passed the recommendation as submitted.
Exhibit A
Page 1 of 1
AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE A SHUTTLE SERVICE CONCESSION LEASE AGREEMENT
WITH JANGEE, INC. FOR THE OPERATION OF A SHUTTLE SERVICE
CONCESSION AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT
IN CONSIDERATION OF PAYMENT OF SIX PERCENT OF THE
CONCESSIONAIRE'S GROSS MONTHLY REVENUES FOR A TERM OF
36 MONTHS WITH THE OPTION TO EXTEND THREE ADDITIONAL
ONE-YEAR PERIODS BY MUTUAL AGREEMENT OF THE
CONCESSIONAIRE AND THE CITY.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. That the City Manager, or his designee, is hereby authorized to execute
a shuttle service concession lease agreement with Jangee, Inc. for the operation of a shuttle
service concession at the Corpus Christi International Airport in consideration of payment of six
percent of the concessionaire's gross monthly revenues for a term of 36 months with the option
to extend three additional one-year periods by mutual agreement of the concessionaire and the
City.
H:\LEG-DIR\john\ORDINANCELAirport Shuttle Concession 36 mo.wpd
[oregoing ordi~nance was read for the first time and
day of ~A._~LL~,, , 2002, by the following vote:
Samuel L. Neal, Jr. Rex A. Kinnison
Brent Chesney ~ John Longoria
Javier D. Colmenero ()~-~ Jesse Noyola
Henry Garrett ~ Mark Scott
Bill Kelly
That the foregoing ordinance was read for the second time and passed finally on this the __
day of ,2002, by the following vote:
passed to its second reading on this the
Samuel L. Neal, Jr.
Rex A. Kirmison
Brent Chesney
John Longoria
Javier D. Colmenero
Jesse Noyola
Henry Garrett
Mark Scott
Bill Kelly
PASSED AND APPROVED this the day of
,2002.
ATTEST:
Armando Chapa, City Secretary
Samuel L. Neal, Jr., Mayor
LEGAL FORM APPROVED.--.~I/2-~
By:
]E> ,2002; JAMES R. BRAY, JR., CITY ATTORNEY
~ln e. Burke, Jr., AssistanCp~lty Attorney
H:\LEG-DIRSjohn\ORDINANCE~Airport Shuttle Concession 36 mo.wpd
28
AGENDA MEMORANDUM
PUBLIC HEARING - ZONING (city Council Action Date: August 20, 2002)
Case No. 0602-02~ Jimalee M. Shaffer: A change of zoning from an "R-lB" One-family Dwelling
District to a "T-lC" Manufactured Home Subdivision on 9.97 acres (called 9.960 acres) out of Lot 29, located
along Homedale Street and Grand View Street.
Planning Commission and Staff's Recommendation {06/05/02): Denial.
Requested Council Action: Denial of the "T-lC" Manufactured Home Subdivision.
Purpose of Request: To place a manufactured home.
Summary: The applicant has requested a change of zoning from a "R-lB" One-family Dwelling District to a
"T-lC" Manufactured Home Subdivision District for manufactured home development. The "T-lC" District
requires a minimum lot area of eight (8) acres and lot width and/or depth of three hundred (300) feet located on a
public street or highway. The subject property consists of 9.97 acres of unplatted property with 657 feet of fi'ontage
along umn~roved Homedale Street. The applicant indicated to Staffduring that the intent of the rezoning request is
to allow for one (1) manufactured home within the proposed subdivision as opposed to building out to the allowable
density of 79 manufactured homes. At the Commission's public hearing, the applicant testified that she did not have
the resources to develop the subject tract as proposed, but only wanted to place a manufactured home on site for her
USe,
To the east is a manufactured home subdivision zoned with a "T-lC" District that has direct adjacency to thc subject
property. Northeast of the subject property is a "T-lB" Manufactured Home Park district whereby spaces are USed
for manufactured homes. Access to the property can be provided through an extension of Grand View Street onto
the subject property or by improving Homedale Street from Retta Street. North of the subject propeIty, across
Homedale Street, is a platred unimproved residential subdivision zoned a "R-lB" Disthct. To the south, the
proper~ is predominately undeveloped with scattered sites of single-family residences also zoned a "R-1B' District.
The west property line of the subject property backs up to a "R-lB" District with eight (8) lots, of which seven (7)
lots are developed with single-family residences.
Staff discussed with the applicant on numerous occasions the platting issues and substantial costs involved in the
development of this tract. Staff explained the platting process, infrastructure requirements, street coustmction,
screening and park settlement fees associated with the development of this property with either one (1) or more
manufactured homes, with both costs being similar. The applicant acknowledged that she understood the magnitude
of the platting and development costs.
The subject property is located in an area that the adopted Flour Bluff Area Development Plan recommends to
develop with low-density residential uses based on its current "R-lB" zoning. Although the '~r-lC" District is
considered a low-density residential district, it is not supported by the adopted Plan.
Applicant's Position: The applicant does not concur with Planning Commission and Staff's recommendation.
Planning commission unanimously voted to deny the requested zoning.
Agenda Memorandum
Case No. 0602-02 (Jimalee M. ShatTer)
Page 2
Notification: Prior to the date of this memorandum, thirty-five (35) notices were mailed to the property owners
within a 200-foot radius, of which none were returned in favor and nine (9) were returned in opposition. The
applicant submitted a notice in favor. Four (4) notices were submitted in opposition from outside the notification
area. This is a controversial case and the 20% rule is in effect requiring 3/4s (7 members) of the Council
voting in favor to approve. ~
Director of Planning
MG/FGM/er
Attachments:
1) Zoning Report Pages 3-13
2) Comments Received Pages 14-17
3) Planning Commission Minutes Pages 18-20
4) Ordinance Pages 21-22
H:~PLN-D IR~ERMA\WOPd)~A GENDM EM~0602 -02AGENDAM EM O. DOC
CITY COUNCIL
ZONING REPORT
Case No.:
Planning Commission
Hearing Date:
Map No.:
Applicant:
Legal Descrintion/Location:
0602-02
June 5, 2002
F18A
Jimalee M. Shaffer
Flour Bluff and Encinal Farm and Garden Tracts, Section 49, being 9.97 acres (called 9.960 acres)
out of Lot 29, located along Homedale Street and Grand View Street.
Area of Request:
Lot(s) Area:
Current Zoning:
Request:
9.960 acres
Same as above.
"R-IB" One-family Dwelling District
"T-lC" Manufactured Home Subdivision
District
Undeveloped land.
Manufactured home.
Not applicable.
Current Use of Property:
Purpose of Request:
Zoning Change Requested Due
to Notice of Violation:
Adiacent Zoning:
North - "R-lB" One-family Dwelling District and "T-lB" Manufactured Home Park District
South, West - "R-lB" One-family Dwelling District
East - "T-lC" Manufactured Home Subdivision District
Adiacent Land Use:
North (across unimproved Homedale Street), South - Undeveloped land.
East - Manufactured home subdivision.
West - Single-family residences.
Case No. 0602-02 (Jimalee M. Shaffer)
Page 2
Number of Residential Units Allowed:
'~R-1B" - 72 units (7.26 dwelling units per acre)
'~r-lC" - 79 units ( 8 mobile homes per acre)
Estimated Traffic Generation:
Single-family residences - 10 average weekday vehicle trip ends per dwelling unit x 72 dwelling
units =720 average weekday vehicle trip ends.
Single-family residences - 10 average weekday vehicle trip ends per dwelling unit x 79 mobile home
units = 790 average weekday vehicle trip ends.
Adjacent Streets/Classffication:
a) Grand View Street - local
b) Homedale Street - unimproved local
c) Rctia Drove - local
Right-of-Way Design
a)
b)
c)
50-foot right-of-way with a 20-foot back-to-back paved section.
50-foot unimproved fight-of-way.
50- foot right-of-way with a 20- foot back-to-back paved section.
Planned:
a)
b)
c)
Same as current.
50-foot right-of-way with a 20-back-to-back paved section.
Same as current.
1996 Traffic Count (24-hour, weekday, non-directional):
a-c) None available.
Zonine History of Property:
There has been no rezoning activity within the past five (5) years.
Zoning Report
Case No. 0602-02 (Jimalee M. Shaffer)
Page 3
Recent Surrounding Zoning Cases:
There has been no rezoning activity in the area within the past five (5) years.
Zoning Inventory,:
The subject property is a 9.97-acre area zoned a "R-lB" District that is undeveloped. Adjacent to
the north, across unimproved Homedale Street is 20-acres of undeveloped property zoned with a
"R-lB" One-family Dwelling District. Northeast is a "T-lB" Manufactured Home Park District
developed as a manufactured park. To the south are 22 acres of undeveloped "R-lB" One-family
Dwelling District property. A "T-lC" Manufactured Home Subdivision District land area is east of
the subject property and is developed as a manufactured home subdivision. West of the subject
property is a "R-lB" One-family Dwelling District property developed with single-family residences.
Planning Staff Analysis:
General Characteristics and Background: The applicant has requested a change of zoning
from a "R-lB" One-family Dwelling District to a "T-lC" Manufactured Home Subdivision
District for manufactured home development. The '`T-1C" District requires a minimum lot
area of eight (8) acres and lot width and/or depth of three hundred (300) feet located on a
public street or highway. The subject property consists of 9.97 acres ofunplatted property
with 657 feet of frontage along unimproved Homedale Street. The applicant indicated to
Staff during that the intent of the rezonlng request is to allow for one (1) manufactured home
within the proposed subdivision as opposed to building out to the allowable density of 79
manufactured homes. At the Commission's public hearing, the applicant testified that she
did not have the resources to develop the subject tract as proposed, but only wanted to place
a manufactured home on site for her use.
To the east is a manufactured home subdivision zoned with a "T-lC" District that has direct
adjacency to thc subject property. Northeast of the subject property is a "T-lB"
Manufactured Home Park district whereby spaces are used for manufactured homes. Access
to the property can be provided through an extension of Grand View Street onto the subject
property or by improving Homedale Street from Retta Street. North of the subject property,
across Homedale Street, is a platted unimproved residential subdivision zoned a "R-lB"
District. To the south, the property is predominately undeveloped with scattered sites of
single-family residences also zoned a "R-lB" District. The west property line of the subject
property backs up to a "R-lB" District with eight (8) lots, of which seven (7) lots are
developed with single-family residences.
Staff discussed with the applicant on numerous occasions the platting issues and substantial
costs involved in the development of this tract. Staff explained the platting process,
infrastructure requirements, street cons~uction, screening and park settlement fees associated
with the development of this property with either one (1) or more manufactured homes, with
both costs being similar. The applicant acknowledged that she understood the magnitude of
the platting and development costs.
Zoning R~port
Case No. 0602-02 ($imalee M. Shaffer)
Page 4
The subject property is located in an area that the adopted Flour Bluff Area Development
Plan recommends to develop with low-density residential uses based on its current "R-lB"
zoning. Although the "T-lC" District is considered a low-density residential district, it is not
supported by the adopted Plan.
Conformity to the Comprehensive Plan and Land Use Compatibility: Overall, the
Comprehensive Plan Elements cannot be supportive of the requested "T-lC" District. The
Flour Bluff Area Development Plan's future land use map recommends the area to develop
with low-density residential. The requested "T- 1 C" District is not consistent with the Plan's
recommended land use.
Potential Housing Density: The "R-lB" District permits a density of 7.26 dwelling units per
acre or 72 units on the subject property with a minimum lot size of 6,000. A '~r-lC" District
permits 8 dwelling units per acre or 79 units on the subject property with a minimum area
of eight (8) acres and lot size of 4,500 square feet for each unit.
Height/Bulk/Setbacks/Etc.: The "R-lB" District requires a lot width of 50 feet with a front
yard setback of 25 feet and side and rear yard setback of five (5) feet each. A "T-1C" District
requires a lot width of 45 feet with a fi.om yard setback of twenty (20) feet and a side yard
of six (6) feet, with a total unobstructed side yard of twenty (20) feet. The rear yard setback
requirement is ten (10) feet. Building heights are limited to 35 feet not to exceed three (3)
stories in both districts.
Signage: Signs in the "R-lB" District are limited to one wall sign with an area not to exceed
one square foot. In the "T-1C" District, temporary non-illuminated signs shall not be more
than four (4) square feet in area pertaining to the lease or sale of a HUD-code manufactured
home or premises on which such sign is located.
Traffic: The manufactured home subdivision can accommodate 79 units that generates
approximately 790 daily trip ends that could be handled with the development of Homedale
Street connecting to Retta Street and Grandview Street with an interior subdivision street
system. The subject property could possibly have to access points serving the property. The
development of the street systems would be at the developers expense.
Parking/Screening: A dwelling unit is required to provide 1.5 off-street parking spaces for
each one-bedroom unit and two (2) off-slxeet parking spaces for each unit containing two (2)
bedrooms or more. A manufactured home subdivision shall require at least two (2) off-street
parking spaces per lot. Compliance with the off-street parking regulations will be required
during the permitting phase of the development. A standard screening fence is not required
for "R-lB" residential development. The "T-1C" District requires that a manufactured home
subdivision shall be surrounded by a standard screening fence.
Case No. 0602-02 (Jimalee M. Shaft*r)
Page 5
Pros:
a)
b)
Cons:
a)
b)
Staff Recommendation:
Attachments:
Costs to City: Improvements to Homcdale Street and the extension of Grandview Street is
at the developers expense, as well as the extension of water and wastewater lines. There are
no anticipated costs to the City.
Platting: The subject property is unplatted and will require platting in compliance to the
Platting Ordinance. It is during the platting phase that infrastructure requirements, full street
construction or half-street construction of Homedale Street will be determine, as well as the
extension of orandview Street and Park Settlement fees.
(Ideas in support of the request.)
The subject property is contiguous to a "T-lC" District to the east.
The requested "T-lC" District is a low density residential District that is similar to the
"R-lB" District.
(Ideas in support of maintaining the current zoning.)
Existing infrastructure is not adequate to handle the maximum density of 79 manufactured
homes.
The Flour Bluff Area Development Plan supports single-family residential development and
not manufactured home development.
Denial.
Zoning and Ownership Map
Ownership List
H 5PLN-DIRXERMA\WORD~ONRPTS\0602-02CCREPORT.DOC
R-lB
I~-IB
Moy 24, 2002 -RP
CASE Z0602-02
X Property Owner Opposed
See Comments on Page(s) ~'~g"~
~ ~ubjeet property
I--~'--IOwnere within 200 feet Ilnted on ett.ched ownerehlp list
Applicant:
Jimalee M. Shaffer
850 Stone, 0164 78418
1
Z0602-02 247600493000
JOKA DEVELOPMENT INC.
14121 WHITECAP BLVD
CORPUS CHRISTI TX 78418
FLOUR BLUFF & ENC FRM GDN
TRACT 14.242 ACS OUT LT 30 SEC 49
OWNERSHIP LIST
CASE NO. 0602-02
2
Z0602-02 247600493020
SUTTON JOHN G ET UX
NANCY J
2613 RETTA DR
CORPUS CHRISTI TX 78418
FLOUR BLUFF & ENC FRM GDN
TRACT 2.05 ACS OUT OF LTS 29 & 30
SEC 49
3
Z0602-02 289900010010
HARPIN CARLA E AND
SHAWN HARPIN
941 GRAND VIEW DR
CORPUS CHRISTI TX 78418
GRAND VIEW MOBILE HOME S/D
LT 1 BLK 1
4
Z0602-02 289900010020
HUEBNER DONNA L AND
ALTON S NICHOLS
933 GRANDVIEW
CORPUS CHRISTI TX 78418
GRAND VIEW MOBILE HOME S/D
LT 2 BLK 1
4
Z0602-02 289900010030
HUEBNER DONNA L AND
ALTON S NICHOLS
933 GRANDVIEW
CORPUS CHRISTI TX 78418
GRAND VIEW MOBILE HOME S/D
LT 3 BLK 1
5
Z0602-02 289900010040
RYMANOWICZ BRIAN S
929 GRAND VIEW
CORPUS CHRISTI TX 78418
GRAND VIEW MOBILE HOME S/D
LT 4 BLK 1
6
Z0602-02 289900010050
GOLLEHER GARY L
925 GRAND VIEW
CORPUS CHRISTI TX 78418
GRAND VIEW MOBILE HO1VI~ S/D
LT 5 BLK 1
7
Z0602-02 289900020010
LALrX PEGGY N
2510 STANTON DR
CORPUS CHRISTI TX 78418
GRAND VIEW MOBILE HOME S/D
LT 1 BLK 2
8
Z0602-02 289900020020
PETERS ALBERT ET UX
DOLORES
2514 STANTON DR
CORPUS CHRISTI TX 78418
GRAND VIEW MOBILE HOME S/D
LT 2 BLK 2
9
Z0602-02 289900020030
OLVEY JOAN S
2518 STANTON DR
CORPUS CHRISTI TX 78418
GRAND VIEW MOBILE HOME S/D
LT 3 BLK 2
10
7_1)602-02 289900020050
DUVE RODNEY J ET UX CHONG
2526 STANTON DR
CORPUS CHRISTI TX 78418
GRAND VIEW MOBILE HOME S/D
LTS 4 5 6 BLK 2
11
Z0602-02 289900020070
COX JO ANN
2534 STANTON DR
CORPUS CHRISTI TX 78418
GRAND VIEW MOBILE HOME S/D
LT 7 BLK 2
12
Z0602-02 289900030090
BOURLAND G D SR ET UX
MARIAN
3022 TAWNY OAK
SAN ANTONIO TX 78230
GRAND VIEW MOBILE HOME S/D
LT 9 BLK 3
13
Z0602-02 289900030100
o"rOOLE PAUL
3035 PIMLICO
CORPUS CHRISTI TX 78418
GRAND VIEW MOBILE HOM~ S/D
LT 10 BLK 3
14
Z0602-02 289900030110
CHAMBERS HOLLIS B
PO BOX 440
GODLEY TX 76044
GRAND VIEW MOBILE HOME S/D
LT 11 BLK 3
q
Ownership List
Case No. 0602-02 (Jimalee M. Shaffer)
Page 2
15
Z0602-02 289900030120
YOCUM SAMUEL STEPHEN
2537 STANTON DRIVE
CORPUS CHRISTI TX 78418
GRAND VIEW MOBILE HOME S/D
LT 12 BLK 3
16
Z0602-02 289900030130
ASSOCIATES FINANCIAL SERV
C/O ARMANDO & MAGDA MARTI
2533 STANTON DRIVE
CORPUS CHRISTI TX 78418
GRAND VIEW MOBILE HOME S/D
LT 13 BLK 3
10
Z0602-02 289900030140
DUVE RODNEY
2526 STANTON
CORPUS CHRISTI TX 78418
GRAND VIEW MOBILE HOME S/D
LT 14 BLK 3
17
Z0602-02 289900030150
HARRIS DAVID E
2525 STANTON DR
CORPUS CHRISTI TX 78418
GRAND VIEW MOBILE HOME S/D
LT 15 BLK 3
18
Z0602-02 289900030160
MARTIN MARIANNE O
4834 YORKTOWN
CORPUS CHRISTI TX 78413
GRAND VIEW MOBILE HOME S/D
LT t 6 BLK 3
19
Z0602-02 289900030170
MITCHELL MOLLY KAY
2517 STANTON DRIVE
CORPUS CHRISTI TX 78418
GRAND VIEW MOBILE HOME S/D
LT 17 BLK 3
20
Z0602-02 289900030180
ANDREWS GARY W AND
TAMMY L ANDREWS
2509 STANTON
CORPUS CI-LRISTI TX 78418
GRAND VIEW MOBILE HOME S/D
LT 18 BLK 3
20
Z0602-02 289900030190
ANDREWS GARY W AND
TAMMY L ANDREWS
2509 STANTON
CORPUS CHRISTI TX 78418
GRAND VIEW MOBILE HOME S/D
LT 19 BLK 3
21
Z0602-02 353100010190
CASADY RONALD D
P O BOX 271491
CORPUS CHRISTI TX 78427
HOMEDALE ADDITION #2 UNDIV/2
INT IN LT 19BLK 1
21
Z0602-02 353100010191
CASADY SHARON
5321 SHASTA
CORPUS CHRISTI TX 78415
HOMEDALE ADDITION #2 UNDIV/2
IHT IN LT 19BLK 1
21
Z0602-02 353100010200
CASADY RONALD D
P O BOX 271491
CORPUS CHRISTI TX 78427
HOMEDALE ADDITION #2 UND1V/2
IHT IN LT 20 BLK 1
21
Z0602-02 353100010201
CASADY SHARON
5321 SHASTA
CORPUS CHR/STI TX 78415
HOMEDALE ADDITION #2 UNDW/2
INT IN LT 20 BLK 1
21
Z0602-02 353100010210
CASADY RONALD D
P O BOX 271491
CORPUS CHRISTI TX 78427
HOMEDALE ADDITION #2 LrNDIV/2
INT IN LT 21BLK I
21
Z0602-02 353100010211
CASADY SHARON
5321 SHASTA
CORPUS CHRISTI TX 78415
HOMEDALE ADDITION #2 UNDIV/2
INT IN LT 21 BLK 1
21
Z0602-02 353100010220
CASADY RONALD D
P O BOX 271491
CORPUS CHRISTI TX 78427
HOMEDALE ADDITION #2 UNDIV/2
IHT IN LT 22 BLK I
21
Z0602-02 353100010221
CASADY SHARON
5321 SHASTA
CORPUS CHRISTI TX 78415
HOMEDALE ADDITION #2 UND1V/2
IHT IN LT 22 BLK 1
21
Z0602.-02 353100020190
CASADY ROlqALD D
P O BOX 271491
CORPUS CHRISTI TX 78427
HOMEDALE ADDITION #2 UNDIV/2
IHT IN LT 19 BLK 2
21
Z0602-02 353100020191
CASADY SHARON
5321 SHASTA
CORPUS CHRISTI TX 78415
HOMEDALE ADDITION #2 UNDIV/2
INT IN LT 19 BLK 2
Ownership List
Case No. 0602-02 (Jimalee M. Shaffer)
Page 3
21
Z0602-02 353100020200
CASADY RONALD D
P O BOX 271491
CORPUS CHRISTI TX 78427
HOMEDALE ADDITION #2 UNDIV/2
INT IN LT 20 BLK 2
21
Z0602-02 353100020201
CASADY SHARON
5321 SHASTA
CORPUS CHRISTI TX 78415
HOMEDALE ADDITION #2 UNDIV/2
INT IN LT 20 BLK 2
21
Z0602-02 353100020210
CASADY RONALD D
P O BOX 271491
CORPUS CItRISTI TX 78427
HOMEDALE ADDITION #2 UND1V/2
INT IN LT 21 BLK2
21
Z0602-02 353100020211
CASADY SHARON
5321 SHASTA
CORPUS CHRISTI TX 78415
HOMEDALE ADDmON #2 UNDIV/2
INT IN LT 21 BLK2
21
Z0602-02 353100020220
CASADY RONALD D
P O BOX 271491
CORPUS CHRISTI TX 78427
HOMEDALE ADDITION g'2 UNDIV/2
INT IN LT 22 BLK 2
21
Z0602-02 353100020221
CASADY SHARON
5321 SHASTA
CORPUS CHRISTI TX 78415
HOMEDALE ADDITION #2 UNDIV/2
INT IN LT 22 BLK 2
21
Z0602-02 353100020230
CASADY RONALD D
P O BOX 271491
CORPUS CHRISTI TX 78427
HOMEDALE ADDITION #2 UNDIV/2
INT IN LT 23 BLK 2
21
Z0602-02 353100020231
CASADY SHARON
5321 SHASTA
CORPUS CHRISTI TX 78415
HOMEDALE ADDmON #2 UNDIV/2
INT IN LT 23 BLK2
21
Z0602~02 353100020240
CASADY RONALD D
P O BOX 271491
CORPUS CHRISTI TX 78427
HOMEDALE ADDITION #2 UND1V/2
INT IN LT 24 BLK 2
21
Z0602-02 353100020241
CASADY SHARON
5321 SHASTA
CORPUS CHRISTI TX 78415
HOMEDALE ADDITION #2 UNDIV/2
INT IN LT 24 BLK 2
21
Z0602-02 353100020250
CASADY RONALD D
P O BOX 271491
CORPUS CHRISTI TX 78427
HOMEDALE ADDITION #2 UNDIVI2
INT IN LT 25 BLK 2
21
Z0602-02 353100020251
CASADY SHARON
5321 SHASTA
CORPUS CHRISTI TX 78415
HOMEDALE ADDITION #2 UNDIV/2
~ IN LT 25 BLK 2
21
Z0602-02 353100020260
CASADY RONALD D
P O BOX 271491
CORPUS CHRISTI TX 78427
HOMEDALE ADDITION #2 UNDIV/2
INT IN LT 26 BLK 2
21
Z0602-02 353100020261
CASADY SHARON
5321 SHASTA
CORPUS CHRISTI TX 78415
HOMEDALE ADDITION #2 UNDIV/2
INT IN LT 26 BLK 2
21
Z0602-02 353100030190
CASADY RONALD D
P O BOX 271491
CORPUS CHRISTI TX 78427
HOMEDALE ADDITION #2 UNDIV/2
INT IN LT 19 BLK 3
21
Z0602-02 353100030191
CASADY SHARON
5321 SHASTA
CORPUS CHRISTI TX 78415
HOMEDALE ADDmON #2 UNDIV/2
1NT IN LT 19 BLK 3
21
Z0602-02 353100030200
CASADY RONALD D
P O BOX 271491
CORPUS CHRISTI TX 78427
HOMEDALE ADDITION #2 UNDIVI2
[NT IN LT 20 BLK 3
21
Z0602-02 353100030201
CASADY SHARON
5321 SHASTA
CORPUS CHRISTI TX 78415
HOMEDALE ADDITION #2 UNDIV/2
INT IN LT 20 BLK 3
I1
Ownership List
Case No. 0602-02 (Jimalee M. Shaffer)
Page 4
21
Z0602-02 353100030210
CASADY RONALD D
P O BOX 271491
CORPUS CHRISTI TX 78427
HOMEDALE ADDmON #2 UND1V/2
INT IN LT 21 BLK3
21
Z0602-02 353100030211
CASADY SHARON
5321 SHASTA
CORPUS CHRISTI TX 78415
HOMEDALE ADDITION #2 UNDIV/2
1]qT 1N LT 21 BLK3
21
Z0602-02 353100030220
CASADY RONALD D
P O BOX 271491
CORPUS CHRISTI TX 78427
HOMEDALE ADDITION #2 UNDW/2
INT IN LT 22 BLK 3
21
Z0602-02 353100030221
CASADY SHARON
5321 SHASTA
CORPUS CHRISTI TX 78415
HOMEDALE ADDITION #2 UND1V/2
INT IN LT 22 BLK 3
22
Z0602-02 388000010130
WAGES GLEN
2421 RETTA
CORPUS CHRISTI TX 78418
KAY HOMES LT 13 BK 1
23
Z0602-02 388000010140
MORRIS WILLIAM R &
BILLIE D MORRIS
1122 CLARION DR
CORPUS CHRISTI TX 78412
KAY HOMES LT 14 BK 1
24
Z0602-02 388000020010
WONDOLOWSKI PAUL J ETUX
2501 RETTA DR
CORPUS CHRISTI TX 78418
KAY HOMES LT 1 BK 2
24
Z0602-02 388000020020
WONDOLOWSKI PAUL J ETUX
2501 RETTA DR
CORPUS CHRISTI TX 78418
KAY HOMES LT 2 BK 2
25
Z0602-02 388000020030
WONDOLOWSKI PAMELA &
PAUL J WONDOLOWSKI
2501 RETTA ST
CORPUS CHRISTI TX 78418
KAY HOMES LT 3 BK 2
26
Z0602-02 388000020040
THOMPSON MICHAEL R JR ET
JOY J
P O BOX 612051
DALLAS TX 75261
KAY HOMES LT 4 BK 2
27
Z0602-02 388000020050
KAYLOR JAMES E
2517 REITA
CORPUS CHRISTI TX 78418
KAY HOMES LTS 5 & 6 BK 2
28
Z0602-02 388000020070
KAYLOR JAMES F ET UX
2525 RETI~A DR
CORPUS CHRISTI TX 78418
KAY HOMES LT 7 BK 2
29
Z0602-02 388000020080
MOURY JOHN DAVID
2533 RETTA DR
CORPUS CttRISTI TX 78418
KAY HOMES LT 8 BK 2
30
Z0602-02 719100020150
ROBINSON MICHAEL FRANCIS
1101 MONTREAL DR
CORPUS CHRISTI TX 78418
RETTAPLACE #2 LT 15 BK 2
31
Z0602-02 915300000020
SANTIAGO LILIA AND
CARMEN DOMINGUEZ
922 GLENOAK
CORPUS CHRISTI TX 78418
WALDRON SUBD ANNEX LT 2
32
Z0602-02 915300030020
POSES JOE B AND
KIM A COX
1014 TEXAS AVE
CORPUS CHRISTI TX 78404
WALDRON S/D ANNEX LT 2 TRACT
3
33
Z0602-02 915400000010
ANDERSON DONALD H
901 UTICA LT 50
CORPUS CHRISTI TX 78418
WALDRON ANNEX TR 2 9.67 ACS
LESS SITE 50
SP
Z0602-02 247600492900
POSES $OE B AND
KIM A COX
1014 TEXAS AVE
CORPUS CHRISTI TX 78404
FLOUR BLUFF & ENC FRM GDN
TRACT 10 ACS OUT OF NEd2 OF LT
29 SEC 49
Ownership List
Case No. 0002-02 (junalee M. Shaffer)
Page 5
Z0602-02
JIMALEE M. SHAFFER
850 STONE ST., #164
CORPUS CHRISTI, TEXAS 78418
Z0602-02
SUPERINTENDENT
FLOUR BLUFF I.S.D.
2505 WALDRON ROAD
CORPUS CHRISTI, TEXAS 78418
COMMENTS RECEIVED
FROM NOTICES MAILED
Case No. 0602-02
Jimalee M. Shaffer
· - FAVOR
X - OPPOSED
(Note: The listed numbers correspond to the attached map.)
Notices returned from within the 200-foot notification area:
None.
Favor:
Opposition:
(1)
Joka Development, Inc., 14121 Whitecap
No written comment.
(7) Peggy N. Laux, 2510 Stanton Dr.
"Many mobile home parks are not managed at all or not managed well."
(11) Jo Ann Cox, 2534 Stanton
"Putting a "backdoor" in the area will increase traffic. Increasing traffic through
the area will increase crime and drug traffic".
(18) Marianne Martin, 4834 Yorktown Blvd.
No written comment.
(21) Sharon Casady, 5321 Shasta
"This would greatly reduce the value of the lots in the platted subdivision I own
(Homedale Units 1 and 2) which are "R-lB"."
(24, Paul and Pam Wondolowski, 2501 Retta
25)
"We don't want to see what's already over there move any close to us. A lot of
people don't take care of their homes, let alone a trailer now. We don't want our
property to decrease too."
(27) James F. Kaylor, 2525 Retta Dr.
"Lower value of my property and home. Increase in crime rate in this area."
Comments
Case No. 0602-02 (Jimalee Shaft'er)
Page 2
(29) J. David Moury, 2533 Retta Dr.
See attached letter.
Responses received from outside the 200-foot notification area:
None.
Favor:
Opposition:
Tracy Allen, 2529 Flour Bluff Dr.
"Prefer single-family residences."
R. Xavier Gonzalez, 2213 Redfish Bay
"Prefer single-family permanent homes."
Leslie Kiesel, 9537 Lovebird
"Prefer houses."
Carol A. Moffett, Supt., Flour Bluff I.S.D., 2505 Waldron Road
See attached letter.
III.
Opposition:
Responses received from owners/applicants of subject area:
Favor:
· Jimalee M. Shaffer, 850 Stone St., #164 (applicant)
"To place my mobile home on my own land and have a garden."
None.
H:~ LN-DIR~ERMA~WORD'~COMMDATA~0602 -02COMM ENTS.DOC
2533 Retta Drive
Corpus Christi, Texas 78418
1 June 2002
Planning Department
P.O. Box 9200
Corpus Christi, Texas 98469-9277
Dear Members of the Planning Commission and City Council:
In Case No. 0602-02, I oppose the zoning change of Flour Bluff and Encinal Farm
and Garden Tracts, Section 49 from R-lB (One-family Dwelling District) to T-lC
(Manufactured Home Subdivision).
The City of Corpus Christi, through the Planning Commission and City CoUncil,
has wisely chosen to limit the development of manufactured housing subdivisions and
parks in the Flour Bluff/Encinal Peninsula area.
The larger-than-average size of lots is one of the advantages in buying property in
this area. The proposed change of zoning would open the door to the smaller lots that are
typical of manufactured housing subdivisions and parks--even if initially the
manufactured houses are placed on large lots.
The areas near the tract have been and are being developed with permanent one-
family houses constructed on-site. This is a major consideration for people (like me) who
are looking for a permanent residence. I was well aware of the zoning restrictions of my
lot and those surrounding it when I bought my home. In fact, I considered the R-lB
zoning restriction for parcels surrounding my property to be a positive factor ~that
weighed heavily in my property's favor.
The Planning Commission's previous zoning restriction for this area is wise. Do
not back down from it now.
Thank you.
Sincerely,
J. David Moury
(361) 937-9848
WED 10:2§ FA~ 361 694 9809 FLO~ BLUFF ISD ~002
plannin~ Commission Minutes
Sune 5, 2002
Jinmlee M. Shaffer: 0602-02
REQUEST:
"R-lB" One-family Dwelling District to "T-lC" Manufactured Home Subdivision
District on property described as Flour Bluff and Encinal Farm and Oarden Tracts,
Section 49, being 9.97 acres (called 9.960 acres) out of Lot 29, located along Homedale
Street and Grand View Street and located along thc south side of Homedale Street,
approximately 150 feet east of Retla Drive.
Mr. Saldafla presented a computerized slide illustration of the subject property and the
surrounding area. The subject property is a 9.97-acre area zoned a "R-lB" District that is undeveloped.
Adjacent to the north, across unimproved Homedale Street is 20-acres of undeveloped property zoned with
a "R-lB" One-family Dwelling District. Northeast is a "T-lB" Manufactured Home Park District
developed as a manufactured park. To the south are 22 acres of undeveloped "R-lB" One-family Dwelling
District property. A "T-lC" Manufactured Home Subdivision District land area is east of the subject
property and is developed as a manufactured home subdivision. West of the subject properly is a "R-lB"
One-family Dwelling District property developed with single-family residences.
Mr. Saldatla said that the applicant has requested a change of zoning from a "R-lB" One-family
Dwelling District to a "T-lC" Manufactured Home Subdivision District for manufactured home
development. The "T-lC" District requires a mininlum lot area of eight (8) acres and lot width and/or
depth of three hundred (300) feet located on a public street or highway. The subject property consist of
9.97 acres of unplatted property with 657 feet of frontage along unimproved Homedele Street. The
applicant has indicated to Staff during several meetings that the intent of the rezoning is to allow for one (1)
manufactured home within the subdivision as opposed to the allowable density of 79 manufactured homes.
To the east is a manufactured home subdivision zoned with a 'W-lC" District that has direct adjacency to
the subject propcxty. Approving the "T-lC" District on the subject property would be an extension of the
"T-lC" District to the east. Additionally, northeast of the subject property is a "T-lB" Manufactured
Home Park District that does not allow for individual lots for each manufactured home like that of the
'~r-lc" District. However, the "T-lB" and "T-lC" are similar in character in that manufactured homes are
allowed in each District. Access to the property can be provided through an extension of Grand View
Street onto the subject property or by improving Homedale Street from Retta Street. North of the subject
property, across Homedale Street, is a platted unimproved residential subdivision zoned with a "R-lB"
District. To the south is propen'y predominately undeveloped property with scattered sites of single-family
residences zoned with a "R-lB" District. The west property line of the subject property adjoins a "R-lB"
District with eight (8) lnt~, of which seven (7) lots are developed with single-family residences.
Staff further met with the applicant on numerous occasions to discus the platting issues involved
in the development of this tract. Staff explained the platting process, infinstmcture requirements, street
construction, screening and park settlement fees associated with the development of this property with
either one (1) or more manufactured homes, with both cost being similar. The applicant acknowledges that
she undemtands the magnitude of the platting expenditures that would be incurred.
The subject property is located in an area that is recommended to develop with low-density residential
uses. The "T-IC" District is a low-density residential district generally supported by the adopt~ Flour
Bluff Area Development Plan. The Flour Bluff Area Development Plan's future land use map recommends
the area to develop with low-density residential. The requested "T-lC" District can accorranodate 79-units
and is consistent with the Plan's recommended land use.
There were 35 notices mailed out to property owners within a 200-foot radius, of which one (1)
letter was received from the applicant in favor, eight (8) letter submitted in opposition and four (4) letler
from outside the 200-foot radius area in opposition. Based on the written opposition, the 20% nde will be
in effect at the Council hearing. Seven affirmative votes will be required to approve the rezoning.
planning Commission Minutes
June 5, 2002
Case No. 0602-02 ($imalee M. Shaffer)
Page 2
Commissioner Sween-McGloin asked about the infrastructure for the subject property, Mr.
Saldafia said that thc applicant would be responsible for installing infi'astructure to provide service to all
lots. He added that he informed the apphcant of the street connectivity to provide access. Engineering
would need to decide on how much of Homedalc Street would be required to be constntcted.
Public hearing was opened
Jimalee Shaffer, applicant, said that she was requesting the property to be rezoned in order to place
a mobile home on her property which consists of 10 acres. At this time, she has no intention to build a
subdivision, but is being required to rezone the entire 10 acres for the subdivision in order to place her
mobile home on the property for her family. She said that she polled her neighbors a year ago and did not
receive any negative responses. Mr. Shaffer said that said understood what infraslructure would be
required and that she would build half of a road because she is the only person who needs access.
Fred Cook, husband of Ms. Shaffer, reiterated Mr. Shaffer's comments. He said that the left
portion of the property near Retta Drive is where their mobile home would be placed and asked for a
Special Permit. He informed the Commission that FHA requires that the mobile home must be anchored.
Amike Thompson, 2513 ReRa and 2417 Retta owner, and said that Homed,ale Street is not a road
but an easement. Mr. Thompson said that a one mobile home set up would not be a problem, but rezoning
has the potential of allowing a subdivision to be developed in the area. He expressed concern with the
affect the zoning would have on property taxes and development in Flour Bluff.
Oladys Urban, 2513 Ashcroi~, said that there are alcohol and chugs in the area and said that there
would be more access to her property if there were a street which would cause more people to traverse
through the area.
David Moury, 2533 Retta Drive, said that he was opposed to the rezuning regardless of the intent
and added that changing the zoning would allow mobile home subdivision being developed.
G-reg Sumn~rs, 1102 Montreal, said that he was in opposition to the rezoning request because of
the potential for a manufacture home subdivision.
Judy Summers, 1102 Montreal, did not receive notice of the rezomng request. In opposition to a
mobile home being in close proximity to her home.
Public hearing closed.
In response to Commissioner Pnsley, Mr. Saldafia said that under direction of the Council, the
Special Permit provisions of the Zoning Ordinance was amended to prohibit mobile homes being allowed
via a Special Permit.
Mr. Salda/ia addressed Commission's questions regarding minimum requirements for the
applicant to be able to place a manufactured home on the property by saying that the applicant would be
required to plat a rnlnlmaru of $ acres because of the "T-lC" District. He said that it would be very
expensive for the applicant to plat the property and added that acreage costs would be approximately
$13,000 and that does not include infrastructure costs.
Planning Conunission Minutes
June 5, 2002
Case No. 0602-02 (Jimalee M. Shaffer)
Page 3
Commissioner Smith suggested that the cost analysis of building a home on the currently zoned
property in comparison to developing the property with a "T-lC" District designation would be more
feasible and suggested that the applicant build a "dream home" on the property as currently zoned.
Motion by Pusley, seconded by Zamora, to forward a request to deny the rezoning request.
Motion passed with Berlanga, Mires, and Salazar being absent.
APPLICANT'S REQUEST
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY
JIMALEE M. SHAFFER, BY CHANGING THE ZONING MAP IN
REFERENCE TO 9.97 ACRES (CALLED 9.960 ACRES) OUT OF LOT
29, SECTION 49, FLOUR BLUFF AND ENCINAL FARM AND GARDEN
TRACTS, FROM "R-lB" ONE-FAMILY DWELLING DISTRICT TO
"T-tC" MANUFACTURED HOME SUBDIVISION; AMENDING THE
COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS
FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR
PUBLICATION; AND DECLARING AN EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the application of Jimalee M. Shaffer for amendment to
the City of Corpus Christi Zoning Ordinance and Zoning Map;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
June 5, 2002, during a meeting of the Planning Commission, and on Tuesday, August
20, 2002, during a meeting of the City Council, in the Council Chambers, at City Hall, in
the City of Corpus Christi, during which all interested persons were allowed to appear
and be heard; and
WHEREAS, the City Council has determined that this amendment would best serve
public health, necessity, and convenience and the general welfare of the City of Corpus
Christi and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CiTY COUNCIL OF THE CiTY OF
CORPUS CHRISTI, TEXAS:
SECTION t. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by changing the zoning on 9.97 acres (called 9.960 acres) Lot 29, Section 49,
Flour Bluff and Encinal Farm and Garden Tracts, located along Homedale Street and
Grand View Street, from "R-lB" One-family Dwelling District to '~'-1C" Manufactured
Home Subdivision. The 9.97 acres is described by metes and bounds on the attached
Exhibit A.
SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this
ordinance.
SECTION 3. That the Zoning Ordinance and Zoning Map ofthe City of Corpus Christi,
Texas, approved on the 27th day of August, 1937, as amended from time to time,
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect.
SECTION 4. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
~J..EGAL~LAW~LE C--DIR~DeyleDC ur tis~MYDOCS~002~&ZORD02~Zoning .ord~DOYLEC~.002~Z060202A.JShaffer. O~ .d~ ~ /
Page 2 of 3
SECTION 5. That all ordinances or parts'of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 6. That publication shall be made in the official publication of the City of
Corpus Christi as ~'equired by the City Charter of the City of Corpus Christi.
SECTION 7. That upon written request of the Mayor or five Council members, copy
attached, the Cib/Council (f) finds end decleres an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule as to consideration and voting upon ordinances at
two regular meetings so that this ordinance is passed upon first reading as an
emergency measure on this 20th day of August, 2002.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
APPROVED AS TO LEGAL FORM $ August, 2002
James R. Bray, Jr.
By: ~l~j~~JZ~J~
Senior A'ssistant City Attorney
X[EGAL~LAW~J'EG'DIR~D°yleDCur tis~IYDOC~°&ZORD02~'°nlng'°m~DOYLEC~060202A' JShaffer'~'~ ~
29
CORPUS CHRISTI CODE OF ORDINANCES
CHAPTER 57 VEHICLES FOR HIRE
ARTICLE V. AUTO WREOO RS
In recem months, the Police Department has received numerous complaints fi.om citizens
regarding exorbitant towing fees, and the unwarranted towing of vehicles by local auto
wrecker companies from private and public property. Because of federal statutes, and a 2001
Federal Fifth Circuit court case, the City did not have the authority to effectively deal with the
problem at that time. However, a U.S. Supreme Court case decided June 20, 2002, has
overturned the Fifth Circuit and reaffirmed the City's authority to regulate the local wrecker
industry.
This latest ruling has prompted the Police Department to consider needed adjustments to
the city ordinance both in terms of fee structure and permitting guidelines. The ordinance has
not been amended since 1993, the majority was written in 1988, and the ordinance should be
brought up to date. City staffhas held several meetings, and received valuable input fi.om
wrecker company owners, in looking at potential changes to the ordinance. The Police
Department will continue working with wrecker company owners to ensure proposed changes
to the ordinance are fair, workable and enforceable. We are conducting a survey of other
cities around the state to determine if the charges and fees set by ordinance are consistent with
today's costs of doing business. And we are mindful of the kinds of complaints called in by
citizens. The result will be a recommendation incorporating staffproposals to address citizen
complaints, ideas put forth by wrecker owners, and survey statistics, for a complete revision
of the auto wrecker ordinance.
BACKGROUND
The City of Corpus Christi has by ordinance regulated the auto wrecker industry for years.
The current ordinance was mainly rewritten in 1988 and the last major amendments were
approved in 1993. The ordinance requires auto wreckers that desire to be on the Police
Department rotation list--meaning they are called in rotation whenever the police need to
have a vehicle towed--to apply for a permit. The permit application requires the wreckers
meet certain insurance and safety requirements, as well as provide information on their
location, ownership and employees. Ordinances also establish operational guidelines for
those wreckers. The ordinances specifically exempts regulation of wreckers towing vehicles
fi.om private property, and all wreckers not on the police rotation list.
In 1994, Congress moved to deregulate the motor carrier industry, including wrecker
eompunies. The idea was to eliminate overlapping state and municipal regulations and foster
competition within the motor carrier industry. Later, Congress added a m-called "safety
exemption" which allows certain regulatiom for general safety purposes. The deregulation
effort resulted in the Interstate Commerce Act, as amended by the Federal Aviation
Administration Authorization Act of 1994, 108 Stat. 1606, and the ICC Termination Act of
1995, 109 Stat. 899, which generally preempts state and local regulation related to a price,
route, or service of any motor carder with respect to the transportation of property;
enumerated matters, however, are not covered by the preemption provision. The Act
prescribes:
(1) GeneralRule. Except as provided in paragraphs (2) and (3), a State, political
subdivision of a State, or political authority of 2 or more States may not enact or
enforce a law, regulation, or other provision having the force and effect of law
related to a price, route, or service of any motor carrier with respect to the
transportation of property.
(2) Matters not coveretg Paragraph (1)
(A) shah not restrict the safety regulatory authority of a State with respect to
motor vehicles or the authority of a State to regulate motor carriers with regard
to minimum amounts of financial responsibility relating to insurance
requirements and sell-insurance authorization;
(B) does not apply to the transportation of household goods; and
(C) does not apply to the authority of a State or a political subdivision of a State to
enact or enforce a law, regulation, or other provision relating to the price of for-hire
motor vehicle transportation by a tow truck, if such transportation is performed
without the prior consent or authorization of the owner or operator of the motor
vehicle.
49 U.$. C Section 15401(c)(2)(.4).
Although the City does not currently do so, federal law allows for the regulation of all
wreckers doing business in the city for safety and insurance requirements, and allows for the
regulation of prices for all non-consent tows (tows conducted without the prior consent of the
owner).
Last year, the Federal Fifth Circuit Court of Appeals struck down major portions of San
Antonio's wrecker ordinance, which in turn, effected Corpus Christi's wrecker ordinance. In
Stuckey v. City of San Antonio, 266 F. 3d 342 (5~ C..4. 20OD, the Fifth Circuit held that
because the law allowing wrecker safety and insurance regulation does not mention cities, that
cities am preempted by federal law and can not enforce such laws regarding wrecker
operations. However, last month the U.S. Supreme Court effedtively overruled the Fifth
Circuit in City of Columbus v. Ours Garage and Wrecker Service, Inc., 122 $. Ct. 2226
(2002), which reaffhnned the proposition that municipalities have the authority under federal
law to regulate local wrecker businesses.
A primary focus of the complaints received have been fees charged by wrecker companies.
Towing fees for wreckers fall into two general categories, consent and non-conseut tows. A
non-consem tow occurs when a wrecker is summoned by the police to tow offan abandoned
or disabled vehicle and where the owner is generally not present, or a property owner calls in
a wrecker to remove an unauthorized vehicle from private property. Fees for rotation list non-
consent tows are regulated by ordinance which establishes that companies wishing to perform
police-initiated tows must sign up for placement on the rotation list, and police dispatchers
summon wrecker companies based upon their position on the list. Wrecker companies agree
to charge the vehicle owner a set fee, usually around $50.00 for rotation non-consent tows.
The current ordinance does not regulate fees for non-consent tows conducted from private
property.
Fees for consent tows, where a vehicle owner calls in the wrecker of his choice, are not
regulated and cannot be regulated, as per the dictates of federal law quoted above.
WRECKER MEETING
A meeting was held with wrecker company owners on Thursday, August 15, at which various
proposals were discussed and owners aired their concerns. Among the wrecker primary
concerns voiced were the following:
1. Fees. W~eker owners advised towing fees have not been changed since 1993, and
should be adjusted. It was requested that the standard rotation list tow be increased
from $50.00 to between $75.00 and $95.00 to reflect increased costs of doing
business, especially insurance costs. Some owners indicated a 30-40 percent
increase in insurance costs in the recent past.
2. Heavy-duty wrecker ~es. An increase was also requested for heavy-duty
wrecker fees from $95.00 to $175.00 and $250.00 per hour working fee. The current
fee of $95.00 is substantially low, and currently no heavy-duty wreckers have signed
up for the rotation list to conduct tows at that cost.
3. Private omoertv impound fees. Owners noted that conducting non-consent tows
from private property constitutes the single-most hazardous kind of tow possible
given the frequent potential for violence from irate vehicle owners and the increased
liab'flity exposure. It was requested that any fee structure make allowance for higher
charges for private property impounds, and a fee of $125.00 was suggested. Private
property impounds were a main issue of concern for wrecker companies.
4. Advisory heard. It was suggested that the City establish an advisory board with
city staff and wrecker owners to study the situation and make recommendations to
City Council
5. Permittin~ requirements. Owners indicated requiring permits of all wreckers
that either pick up or drop vehicles within city limits would cause problems if other
jurisdictions adopted the same measure. It was recommended permits only be
required for those companies actually located within city limits. One wrecker owner
asked to be exempt iftbey only towed salvage vehicles for insurance companies.
6. Response time. In discussions on emending unusual long distance charges to newly
annexed areas of the city, it was noted the requirement that a wreckcr respond to a
rotation tow within 30 minutes should be adjusted to reflect the increased driving time
to the far ends of the city.
7. Drop fee. Currently, a wrecker that responds to a scene must be paid the full
towing fee, even ifa vehicle is released to the owner at the scene. It was suggested
that a "drop fee" be instituted allowing for a lower fee if the vehicle has not yet
been hooked up to the wrecker before the owner asks for its release.
The wrecker owners voiced a variety of other concerns that would best be addressed by the
Chief of Police's wrecker regulations, rather than written into the ordinance.
PUBLIC HEARING
A public hearing before the City Council is scheduled for August 20, 2002, to allow
for the general public to provide input on these and other issues involving auto wreckers that
may need to be considered in formulating any final proposal In the meantime, the Police
Department and staff continue to gather information and input required to produce an
improved, workable and enforceable ordinance. When all input is received and proposals
researched, the Police Departmem will be prepared to make a final recommendation to revise
the auto wrecker ordinance. Attached is a copy of the City wrecker ordinance currently in
effect.
CITY WRECKER FACTS
Presently, there are 33 listed towing companies in the City, 24 of which are onthe Police
Department rotation list. In the last fiscal year, the City impounded 6,046 vehicles, an
average of 500 per month, and dispatched an average of 400 rotation list tows per month.
Impounds were taken to the police impound lot, rotation tows were taken to the individual
wrecker storage facility. The City paid to wreckers $300,129.00 during the last fiscal year for
impound tows, and the City was either reimbursed by the vehicle owner, orthe vehicle was
never reclaimed and it was sold at auction. In the last fiscal year, the City sold 1,057 vehicles
at four separate auctions generating $315.155.00.
§ 57-220 CORPUS CHRISTI CODE
ARTICLE V. AUTO WRECKERS*
Sec. 57-220. Definitions.
As used in this article, the following terms shall have the re-
spective meanings ascribed to them:
Auto wrecker: Any motor vehicle used or designed for the pur-
pose of towing, carrying, pushing, or o'ther~vise transporting a
disabled or impounded vehicle.
Chief of police: The chief o£ the palice department of the City o£
Corpus Christi or his designated representative.
Closest wrecker: The owner of an auto wrecker permit which is
located geographically closest to the scene of' an emergency situ.
ation can be dispatched for an emergency disregarding the rota.
tion list. This does not mean an auto wrecker which happens to be
near the scene.
Consent tow: Any non-impoundment tow conducted with the
permission or, or at the direction of, the towed vehicle's legal or
registered owner, or such owner's authorized representative. Ex-
cept as set forth in the definition o£ "non-consent tow" below, a
tow will be considered a consent tow where the owner is able to
give consent. The vehicle will be towed to the location designated
by the vehicle's legal or registered owner, or such owner's autho.
rized representative. Fees shall be paid to the auto wrecker com-
pany as set by this section.
*Editor's note-Ord. No. 20235, § 1, adopted Match 8, 1988, repealed Art. V,
§§ 57-220-57-252, in its entirety and enacted new provisions therefor. Former
Art. V was concerned with similar pro',dsions, and derived from the following
legislation:
Ord.No. Date Ord. No. Date
8634 10-25-67 16941 3-t7-82
9674 3-11-70 18015 1. 4-84
14226 3-15-78 18888 6-18-85
15659 7-30-80
Auto wrecker companies holding a currently valid wrecker permit shall have
sixty (60) days from final passage of this article to comply with the provisions
thereof. The provisions af Section 57-226, Issuance, shall go into effect on January
1, 1989. All new permit applicants applying after the passage of this article shall
be governed by all of the new provisions of this article, including section 57-226.
Supp. No. 46 4868
VEHICLES FOR HIRE
§ 57-220
Disabled vehicle: Any motor vehicle located on any public street,
alley, or sidewalk area which is incapable of being driven under
its own power due to mechanical breakdown, collision, or for any
other reason.
Emergency situation: A serious vehicle accident or similar sit-
uation in which the rapid arrival of an auto wrecker would con-
siderably reduce a life or death risk or in which extreme blockage
of a major thoroughfare is involved.
Impounded vehicle: Any vehicle which police officers are autho-
rized to impound and remove under the provisions of any ordi-
nance of the city of Corpus Christi, any law of the State of Texas,
or any contract or agreement with any law enforcement agency.
Nonconsent tow: Any impoundment tow conducted without the
permission of, or not at the direction of, the vehicle's legal or
registered owner, or such owner's authorized representative, re-
gardless of the vehicle's location or condition. Towing of the ve-
hicle of a person who has been taken into custody by a law en-
forcement agency is considered a nonconsent tow. Any
impoundment tow from the scene of an accident is considered a
nonconsent tow. Fees shall be paid to the Corpus Christi Impound
Lot as set by this section. This definition excludes non-consent
tows from private property. '-
Normal tow: All measures necessary to transport a disabled
vehicle including but not limited to: double hook-up, multiple tow
(vehicle and small trailer), cleaning of an accident scene; it does
not include: winching, changing tire(s), use of dolly(ies), on-scene
delays caused by other than the wrecker driver, or a second
wrecker to tow or assist the first ~wecker on a single disabled
vehicle, which have additional fees.
Owner: The person, corporation, or partnership which has an
auto wrecker permit and owns any auto wrecker which is per-
mitted by article V. O~vner includes all owner's employees and
agents and shall be plural if the context so requires.
Rotation list: The list set up by section 57-243 which determines
the order in which auto wreckers are sent to tow a vehicle for the
police department.
Supp. No. 46 4869
§ 57-220
CORPUS CHRISTI CODE
Rotation wrecker: The owner who holds the auto wrecker permit
for the next scheduled auto wrecker on the rotation list as deter-
mined by the chief of police in accordance with the policy enacted
pursuant to section 57-243. The rotation list currently changes on
a daily basis.
Rollback wrecker: A tow truck equlpp~d with a moveable bed,
which is adapted for winching a vehicle onto the bed for the pur-
pose of recovering and transporting that vehicle.
Scene: The location of a disabled or impounded vehicle.
(Ord. No. 20235, § 1, 8-3-88; Ord. No. 21834, § 1, 12-21-93)
Sec. 57-221. Penalty.
A person commits an offense if the person operates for compen-
sation an auto wrecker in violation of any section of this article.
An offense under this section is a Class C misdemeanor.
(Ord. No. 20235, § 1, 3-8-88)
Sec. 57-222. Permit required.
It shall be unlawful for any person, firm, corporation, or part.
nership to drive or operate, or cause to be driven or operated, any
auto wrecker for the purpose of transporting a disabled or im-
pounded vehicle on the streets of the city in response to a request
by the police department without first having obtained an auto
'wrecker permit issued under the provisions of this article. Auto
wreckers owned and operated by a governmental entity are ex-
erupt.
(Ord. No. 20235, § 1, 3-8-88)
Sec. 57-223. Application; contents, fees.
(a) [Generally.] Any person, firm, corporation, or partnership
desiring to operate one (1) or more auto wreckers in the City of
Corpus Christi shall make an original or renewal application for
an auto wrecker permit to the chief of police as follows. (b) Original application.
(1) List the name, address, and current phone number of the
owner. If the owner of the auto wrecker is a partnership,
Supp. No. 46 4870
VEHICLES FOR HIRE
57-223
the partnership's name, address, and phone numbers and
the names, addresses, and phone numbers of all partners.
l f the applicant is a corporation, the application shall state
the corporate name, the office address, and phone number
of the corporation, together with the names, addresses, and
phone numbers of the president and secretary of the cor-
poration.
(2) Owner shall list the certification (Category A or Category
B auto wrecker, see section 57-254), and attach a copy of
the Texas License Receipt and the Texas Tow Truck Reg-
istration/Cab Card for each auto wrecker owner wants to
permit.
(3) Owner shall provide proof of ownership of ail auto wreckers
listed on the wrecker permit issued.
(4) Owner shall provide a current certificate from the county
tax assessor-collector that all City of Corpus Christi taxes
on all property, real and personal, to be used in connection
with the owner's auto wrecker business are paid.
(5) Owner shall provide a copy of a deed to or lease for the
proposed location for the auto wrecker business and storage
facility and written verification of the zoning of the pro-
posed location from the city planning department.
(6) Owner shall provide a written statement that he will comply
with the provisions of this article and of all other ordi-
nances, statutes and state laws applicable to motor vehi-
cles and auto wrecker businesses. Further, that owner will
ensure compliance with said laws by all his auto wrecker
drivers.
(7) A copy of owner's Texas Sales and Use Permit.
(8) A copy o£ owner's certificate of occupancy at the proposed
business location.
(9) A copy of owner's current Texas Vehicle Storage Facility
License. Owners licensed under Texas Motor Vehicle Com-
mission must also obtain a Texas Vehicle Storage Facility
License.
(10) A copy of owner's certificate of insurance, see section 57-
232.
Supp. No. 46 48"/1
§ 57-223
CORPUS CHRISTI CODE
(11) A list of all owner's auto wrecker drivers, including each
one's name, social security number, date o[ birth, drivers
license number and state of license.
(c) Renewal application. Owner shall 'provide:
(1) Written con['~rmation of any changes in information sup-
plied by previous application or renewal.
(2) A current certificate or current receipt marked paid from
the county tax assessor-collector that all city tm(es on all
property, real and personal, used in connection with the
owner's auto wrecker business are paid.
(3) A copy of owner's current Texas Vehicle Storage Facility
License.
(4) Owner's insurance company shall provide a current certif-
icate of insurance.
(5) A copy of owner's current Texas License and Receipt and
Texas Tow Truck Registration/Cab Card.
(6) A copy of the Texas Tow Truck Registration/Cab Card for
each new auto wrecker.
(7) A list of all owner's current auto wrecker drivers and re-
quired information [see section 57-223(b)(11)].
(d) Application or renewal application Said application or re-
newal application shall be accompanied by an application fee of
one hundred dollars ($100.00). If the application or renewal is
denied, fifty dollars ($50.00) of the application fee shall be kept to
cover the cost of reviewing the application or renewal application.
If application or renewal is approved, see permit fees, section
57-226.
Upon receipt by the police department of the foregoing infor-
mation, the storage facility and all auto wreckers will be in-
spected by a police department representative. Auto wrecker in-
spection(s), see section 57-224. Storage facility inspection, see
section 57-240.
(Ord. No. 20235, § 1, 3-8-88; Ord. No. 21834, § 1, 12-21-93)
Supp. No. 46 4872
VEHICLES FOR HIRE
57-224
Sec. 57-224. Application and certification.
(al The chief of police shall review each auto wrecker permit
application for compliance with this article, and he shall inspect
and certify each listed auto wrecker, business location, and storage
facility if each listed auto wrecker meets the requirements of a
Category A or Category B'auto ~vrecker, and if the business lo-
cation and storage facility are acceptable and properly zoned.
(b) Category A. A Category A auto wrecker shall meet the
following requirements:
(1) Be not less than one (1) ton (minimum ten thousand (10,000)
pounds gross vehicle weight) in capacity, as reflected on
the manufacturer's certificate. If the unit does not have a
manufacturer's certificate, then the gross vehicle weight
shall be determined by a testing procedure approved by the
chief of police.
(2) Be equipped with a power winch, winch line, and boom,
with a factory-rated lifting capacity of not less than eight
thousand (8,000) pounds, single-line capacity. If a hydraulic
wheel lift is installed, it must have a factory-rated capacity
of not less than two thousand five hundred (2,500) pounds.
If the unit does not have an established factory-rated lifting
capacity, then such capacity shall be determined by a testing
procedure approved by the chief of police.
(c) Category B. A category B auto wrecker shall meet the fol-
lowing requirements:
(1) Be over twenty-six thousand (26,000) pounds gross vehicle
weight in capacity, as reflected on the manufacture's cer-
tificate. If the unit does not have a manufacture's certifi-
cate, then the gross weight shall be determined by a testing
procedure approved by the chief of police.
(2) Be equipped with a power operated ~vinch, winch line, and
boom with a factory-rated lifting capacity of not less than
thirty-five thousand (35,000) pounds, single or double line
capacity. If the unit does not have a factory-rated capacity,
then said capacity shall be determined by a testing proce-
dure approved by the chief of police.
Supp. No. 46 4873
§ 57-224
CORPUS CHRISTI CODE
(d) Each auto ~wecker and the equipment thereon shall be in
good mechanical condition and shall comply with all applicable
city ordinances and state laws. Each auto wrecker shall have
brakes that meet braking performance requirements under all
loading conditions.
(e) Each auto wrecker at all times shall carry the following as
standard equipment in good working ~/rder, except as otherwise
noted:
(1) A tow sling or hydraulic lift which is sufficient to prevent
the swinging of any equipment being transported.
(2) Steel safety chains of a three-eights-inch link for category
A auto wreckers and of one-half-inch link for category B
auto wreckers.
(3) One (1) ten-pound BC (or two 12) five-pound BC) fire extin-
guisher that is properly Vd]ed and located so that it is readily
accessible for use.
(4) One (1) crowbar or wrecking bar of not less than thirty-six
(36) inches in length with a wedge head.
(5) One (1) broom of a type designed for pushing with an eigh-
teen (18) inch head and a handle of not less than thirty-six
(36) inches.
(6) One (1) fiat.edged shovel of at least nine (9) inches with a
handle of not less than thirty-six (36) inches.
(7) Three (3) portable red emergency reflectors.
(8) Towing dollies in working condition, category A rollback
wreckers and category B wreckers are exempted.
(9) A box or bucket to carry glass and debris cleaned from
streets when picking up a wrecked vehicle.
(10) Rope or wire suitable for securing doors, hoods, trunks, etc.
(11) A spotlight or flashlight.
(12) Outside rearview mirrors on both sides of the truck.
(13) One (1) set of operating tow lights (for towed vehicle).
(0 Each auto wrecker must be labeled on both sides of the
vehicle with owner's name, address, and phone number and the
Supp. No. 46 4874
VEHICLES FOR HIRE
§ 57-225
city permit number. All numbers and lettering shall be perma-
nently affixed and clearly legible.
(g) Each auto wrecker s.hall be equipped with a radio receiver
set or portable telephone capable of clearly receiving transmis-
sions by the owner's dispatcher.
(h) All auto wreckers shall have flashing overhead warning
lights that are in good working order, with lenses free of oxida-
tion, that rotate, that are clearly visible during daylight hours,
and that comply with the Uniform Act Regulating Traffic on
Highways, Texas Civil Statutes, Article 670-d.
(i) If an auto wrecker is transporting a vehicle which does not
have functioning lights, the auto wrecker driver must supply the
towed vehicle ~vith functioning lights. These lights must provide
safe lighting of the towed vehicle. These lights, including turn
signals, brake, and clearance lights, must be actuated by the auto
wrecker.
(j) The owner or driver of each auto wrecker shall comply with
all regulations governing auto wreckers contained in this article
or any applicable laws of the City of Corpus Christi or the State
of Texas.
(k) All auto wreckers including rollback wreckers must have
the capability to, and actually put, the impounded vehicle on the
ground for the impound officer's inspection and inventory prior to
the impound officer accepting the vehicle. The impound officer
shall not be required to climb onto any auto wrecker to inspect or
inventory an impounded vehicle. A~er inspection, the owner or
auto wrecker driver will put the vehicle into the parking spot
assigned by the impound officer.
(Ord. No. 20235, § 1, 3-8-88; Ord. No. 21834, § 1, 12-21-93)
Sec. 57-225. Notice of disapproval of application; correc-
tion of defects.
The chief of police shall give owner written notice of failure of
any application to meet all requirements, which requirements
were not met, and thirty (30) days to remedy any defect ~md/or
meet all requirements. If owner does not remedy all defects
Supp. No. 50 4875
§ 57-225
CORPUS CHRISTI CODE
and/or meet all requirements during the thirty-day cure period
the chief of police shall deny the application for an auto wrecker
permit.
(Ord. No. 20235, § 1, 3-8-88; Ord. No. 21834, § 1, 12-21-93)
Sec. 57-226. Permit issuance~
The chief of police shall issue an auto wrecker permit to each
owner whose application complies with all requirements of this
article upon owner's payment of a three hundred fifteen dollar
($315.00) permit fee. The one hundred dollar ($100.00) applica-
tion fee shall be applied to the permit fee. In addition, the o~vner
shall pay an auto wrecker operation fee of one hundred twenty-six
dollars ($126.00) for each auto wrecker permitted to owner's
issued permit number.
(Ord. No. 20235, § 1, 3-8-88; Ord. No. 21834, § 1, 12-21-93; Ord.
No. 22296, § 1, 7-25-95)
Sec. 57-227. Notice of denial, appeal.
The chief of police shall notify the owner in writing of denial of
an auto wrecker permit application at the business address in the
application by United States mail. Owner may appeal the denial,
within ten (10) days of the date of the notice of denial, by sending
a letter to the mayor stating that an appeal from the chief of
police's ruling is desired. City council shall promptly and within
thirty (30) days after receipt of the appeal he~r the appeal and
sustain, modify, or reverse the police chiefs ruling. The auto
wrecker permit shall not be issued until city council has heard the
appeal and acted to sustain, modify, or reverse the police chiefs
ruling.
(Ord. No. 20235, § 1, 3-8-88; Ord. No. 21834, § 1, 12-21-93)
Sec~ 57-228. Permit term.
Each auto wrecker permit shall be issued for one (1) year from
January 1 to December 31. If any auto wrecker permit is issued
for less than one (1) year the three hundred fii~een dollar
($315.00) permit fee and one hundred twenty-six dollar ($126.00)
operation fee per auto wrecker shall be prorated based on the
Supp. No. 50 4876
VEHICLES FOR HIRE
§ 57-231
number of months remaining until December 31. Renewal fees
will be paid in the same manner as set out above. There will be no
refund of permit fees or operation fees.
(Ord. No. 20235, § 1, 3-8-88; Ord. No~ 21834, § 1, 12-21-93; Ord.
No. 22296, § 2, 7-25-95)
Sec. 57-229. Permits numbered; identification on vehicle.
Each auto wrecker permit issued by the chief of police shall be
numbered consecutively and each auto wrecker permit holder
shall a~x said auto wrecker permit number in clearly legible
numerals to all doors of each auto wrecker covered by said permit.
All said identifications and permit numbers shall be permanently
afl~xed in letters no less than two (2) inches high.
(Ord. No. 20235, § 1, 3-8-88; Ord. No. 21834, § 1, 12-21-93)
Sec. 57~230. Substitution of vehicle; fees.
An owner may substitute an unpermitted auto wrecker for one
which has been permitted upon pro~qding written notice of intent
to substitute. The notice shall contain all information required by
section 57-223, whether the substitute is a category A or category
B auto wrecker, and owner shall pay a twenty dollar ($20.00)
inspection fee for each substitute auto wrecker. If the substitute
auto wrecker complies with the requirements of section 57-223,
owner's auto wrecker permit shall be amended to add the substi-
tute auto wrecker and delete the auto wrecker owner designates.
(Ord. No. 20235, § 1, 3-8-88; Ord. No. 21834, § 1, 12-21-93)
Sec. 57-231. Adding vehicles; fees.
Owner may add one (1) or more additional auto wreckers to the
auto wrecker permit by filing a supplemental application contain-
ing all information required by section 57-223. If the additional
auto wrecker complies with the requirements of sections 57-223
and 57-224, owner's auto wrecker permit shall be amended to add
the additional auto wrecker(s). The fee for adding auto wreckers
to an auto wrecker permit shall be one hundred twenty-six dollars
Supp. No. 50 4877
§ 57-231
CORPUS CHRISTI CODE
($126.00) prorated based on the number of months remaining
until December 31, provided, the minimum fee for adding an
additional auto wrecker shall be fifty dollars ($50.00).
(Ord. No. 20235, § 1, 3-8-88; Ord. No. 21834, § 1, 12-21-93; Ord.
No. 22296, § 3, 7-25-95)
Sec. 57-232. Insurance.
(a) An owner shall procure, and keep in full force and effect, all
insurance policies required by this section. At the time of initial
re~stration, and upon renewal, a certificate of insurance must be
filed with the chief of police. The certificate must certify the type
and amount of insurance coverage and provide immediate notice
to the chief of police prior to cancellation or material change in
the policy.
(b) The coverage provisions insuring the public from loss or
damage that may arise to any person or property by reason of the
operation of an auto wrecker shall set minimum limits for each
auto wrecker as follows:
(1) Each Category A auto wrecker must have liability insur-
ance in the amount of three hundred thousand dollars
($300,000.00) combined single-limit coverage.
(2) Each Category B auto wrecker must have liability insur-
ance in the amount of five hundred thousand dollars
($500,000.00) combined single-limit coverage.
(c) Each auto wrecker must have tow truck cargo, on-hook, or
a similar type insurance. It is the intent of this subsection to
require insurance covering damage to the towed vehicle while it is
in the care, custody, or control of the owner for which said owner
is liable. It is further the intent of this subsection that the
insurance cover damage to the towed vehicle that is the direct or
indirect result o£ an improper hookup.
(1) Each Category A auto wrecker must have insurance cover_
age in an amount of not less than twenty thousand dollars
($20,000.00) in lieu of this coverage, each auto wrecker
may have garagekeeper's legal liability insurance with
Supp. No. 50 4878
VEHICLES FOR HIRE
§ 57-232
direct coverage options in an amount not less than twenty
thousand dollars ($20,000.00) to cover damage to the towed
veh/cle.
(2) Each Category B auto wrecker must have insurance cov-
erage in an amount of not less than thirty thousand dollars
($30,000.00). In lieu of this coverage, each auto wrecker
may have garagekeeper's legal liability insurance with
direct coverage options in an amount not less than thirty
thousand dollars ($30,000.00) to cover damage to the towed
vehicle.
(d) Each auto wrecker must be insured so as to meet the
requirements of all other applicable statutes in addition to
meeting the insurance requirements set forth in this article.
Supp. No. 50 4878.1
VEHICLES FOR HIRE
§ 57-233
(e) An auto wrecker permit issued under this article shall au-
tomatically be suspended upon cancellation or expiration, for what-
ever reason, of any insurance required by this section.
(f) Said policies shall contain a clause naming the city as an
additional insured. The chief of police shall have authority to
increase the above requirements upon thirty (30) days' written
notice to all owners.
(g) An original renewal certificate of insurance shall be pro-
vided to the chief of police at least fifteen (15) days before the
ending date of any insurance in effect for each owner. Failure to
comply will.result in the owner being deleted automatically from
the rotation list until the next monthly rotation list is published
following the receipt of said renewal certificate.
(h) Owners shah ensure speedy and appropriate claims actions
for citizens.
(Ord. No. 20235, § 1, 3-8-88; Ord. No. 21834, § 1, 12-21-93)
Sec. 57-233. Suspension and revocation-Procedure, ap-
peal.
Notwithstanding any penal provisions contained in this Code,
the chief of police shall be authorized to revoke or suspend any
auto wrecker permit for a violation of the state law, city ordi-
nance or any other regulations governing the operation of an auto
wrecker if said violation is committed by an auto wrecker owner,
his agents or employees. Such suspension or revocation shall be
made in accordance with the following procedures:
(1) Upon complaint against any o~vner by any person, or upon
his own motion, charging a violation of any provision of
any city ordinance, the regulations governing auto ~vrecker
permits, or any state law, the chief of police, after giving
five (5) days' notice of the grounds of such complaint to the
owner against whom the complaint is made, shall hold a
hearing at which all persons with relevant information
regarding the complaint shall be heard. At the conclusion
o£ said hearing, the chief of police may issue a warning to
the owner or he may permanently revoke or suspend the
permit. Previous warnings or suspensions within the pre-
Supp. No. 46 4879
§ 57.233
CORPUS CHRISTI CODE
ceding t~vo (2! years may be considered by the chief of police
in making his decision.
(2) It' the chie£ o£ police suspends the permit, said suspension
shall be for a period of not more than skxty (60i days and
the chief's action shall be final.
(3) If the chiefof police revokes a permit permanently, he shall
notify the owner in xwriting of the reasons therefor. Said
notice shall be deemed sufficient if posted in the United
States mail addressed to the owner's business address as
contained in the original application for a permit or the
latest application for a renewal thereo£ The owner shall
have the right to appeal within ten (10) days from the date
of the notice of revocation by sending a letter addressed to
the mayor stating that an appeal from the ruling of the
chief of police is desired. If an appeal from the ruling of the
chief of police is perfected, as herein provided, the ruling of
the chief of police shall be suspended pending a hearing by
the city council. City council shall promptly and within
thirty (30) days, hear such appeal and shall either sustain,
modify, or revoke the ruling of' the chief of police. If no
appeal is taken from the ruling of the chief of police in the
time provided in this section, or if the city council does not
hear the appeal within thirty (30) days from receiving no-
tice of appeal, the ruling of the chief of police shall be final
and the permit revoked. When a permit is revoked and
upheld, the owner shall remove the city permit number
from the sides of all wreckers previously permitted, within
five (5) working days of such notification.
(Ord. No. 20235, § 1, 3-8-88; Ord. No. 21834, § 1, 12-21-93)
Sec. 57-234. Same-Waiting period after revocation.
No person, firm, partnership or corporation whose auto wrecker
permit has been revoked shall be eligible to apply for a new auto
wrecker permit for a period of at least one (1) year from the date
of such revocation.
(Ord. No. 20235, § 1, 3-8-88; Ord. No. 21834, § 1, 12-21-93)
Sec. 57-235. Promulgation of regulations.
The chief of police is authorized to issue regulations relating to
an owner's operation of permitted auto wreckers consistent with
Supp. No. 46 4880
VEHICLES FOR HIRE
§ 57-238
the provisions of this article and designed to effectuate the gen-
eral purpose of this article.
(Ord. No. 20235, § 1, 3-8-88;.Ord. No. 21834, § 1, 12-21-93~
Sec. 57-236. Maintenance of place of business and equip-
ment.
No owner may operate a permitted auto ~vrecker business and
storage facility, unless he maintains his place of business, his
storage facility, and all of his equipment in a manner that con-
tlnuously complies with the provision of this article and the zoning,
fire prevention, and other ordinances of the City of Corpus Christi.
(Ord. No. 20235, § 1, 3-8-88; Ord. No. 21834, § 1, 12-21-93)
Sec. 57-237. One company per business location.
Only one (1) permitted auto wrecker business and storage fa-
cility may operate by any one (1) business address and/or location,
regardless of ~vhether the same person, partnership, or corpora-
tion owns more than one (1) permitted auto wrecker business. If
two (2) or more auto wrecker businesses were in operation at the
same business address and/or location prior to March 8, 1988 they
are exempted from this section. However, any owner whose auto
wrecker permit is suspended or revoked by the chief of police, who
voluntarily removes himself from the wrecker rotation list, or
who fails to renew his permit shall lose the exemption and may
not resume auto wrecker operations at the same business address
and/or location as another permitted auto wrecker business. Each
owner may only operate auto wreckers which are permitted to
him tn response to any call for service from the Corpus Christi
police department.
(Ord. No. 20235, § 1, 3-8-88; Ord. No. 21834, § 1, 12-21-93)
Sec. 57.238. Twenty-four-hour service.
Each owner shall maintain sufficient personnel and auto
wreckers to provide twenty-four-hour auto wrecker service under
normal circumstances. Each owner shall have at least one (1)
telephone number which is answered twenty-four-hours a day,
seven (7) days a week by that auto wrecker business at its busi-
ness address and/or location, without routing telephone calls
Supp. No. 46 4881
§ 57-238
CORPUS CHRISTI CODE
through a switchboard. Routing telephone calls through a s~vitch-
bom'd shall be grounds for suspending or revoking the auto wrecker
permit.
(Ord. No. 20235, § 1, 3-8-88; Ord. No. 21834, § 1, 12-21-931
See. 57-239. Vehicle storage facility; at'tendant at business
address and storage area.
An auto wrecker permit shall be issued only to an owner who
has properly zoned vehicle storage facility at its business address
which meets the following requirements:
(t) The storage area shall be completely enclosed with a wire
or wooden fence at least slx (6) feet in height or as required
by .the zoning ordinance, whichever requirements are
greater, including a gate which is locked at all times the
owner or an agent or employee is not at the storage area.
The fence shall be continuously maintained in good condi-
tion.
(21 The storage area shall have an all-weather surface such as
concrete, asphalt, black, top, stone, macadam, limestone,
iron ore, gravel, caliche, or shell that allows for the de-
livery and release of vehicles in all weather conditions.
(3) The storage area shall have a sign at the entrance which is
clearly readable from the street setting out the name of the
auto wrecker business, the street address, correct tele-
phone number, and the hours vehicles will be released to
vehicle owners.
(4) The storage area shall have a sign setting out the per diem
ch.arge for storage and all other fees which may be charged
by the owner. This sign shall be clearly visible to a vehicle
owner prior to the payment o£ any fees.
(5) Owner shall maintain adequate illumination levels
throughout the vehicle storage facility which shall not be
less than one-half (1/2) footcandles where the vehicles are
stored; one (1) footcandles in the traffic lanes; and five (5)
footcandles at the entrance.
(6) Owner, his employee, or agent shall be at the auto wrecker
business address and shall have access to the vehicle storage
Supp. No. 46 4882
VEHICLES FOR HIRE
§ 57-241
facility, and all vehicles stored there, during normal busi-
ness hours.
Owner shall have a publicly listed phone which is an-
swered at the business .address twenty-four (24) hours a day
seven (7) days a week using the nme permitted to owner.
Use of an answering service which places the police dis-
patcher on hold, or answering machine, is prohibited. Use
of call forwarding off-site is only permitted if the owner or
auto wrecker driver is on-duty for receipt of assignments.
The police dispatcher shall not be placed on hold to answer
incoming calls. Placing the police dispatcher on hold prior
to obtaining all pertinent information may subject an owner
to being moved to the bottom of the rotation list at the
police chief's discretion.
If an owner wishes to change the business address or phone
number, that owner must provide written notice to the
police chief at least five (5) days prior to the effective date
of the change.
That owner's new telephone number shall be displayed on
all permitted auto wreckers within five (5) days after the
phone number is changed.
(Ord. No. 20235, § 1, 3-8-88; Ord. No. 21834, § 1, 12-21-93)
Sec. 57-240. Inspection of vehicle storage place.
Prior to the issuance of an auto wrecker permit, the chief of
police shall inspect the vehicle storage area to determine that it
meets the provisions of section 57-239 and that it is reasonably
secured to protect stored vehicles against theft and vandalism. He
shall also check with the department of planning to ascertain
whether the storage area is located in a zoning district which
allows auto wrecker businesses and vehicle storage facilities.
(Ord. No. 20235, § 1, 3-8-88; Ord. No. 21834, § 1, 12-21-93)
Sec. 57-241. Prerequisite to towingimpoumded or disabled
vehicles.
(a) No auto wrecker shall tow or transport any impounded ve-
hicle or disabled vehicle for the police department ~'ithout the
owner holding a permit as set out in this article.
Supp. No. 46 4883
§ 57-241 CORPUS CHRISTI CODE
(b~ No auto wrecker shall winch, right, or tow any vehicle which
exceeds the auto wrecker's weight limitations, except in case of
an emergency as determined by a certified peace officer at the
scene~
(c) Nonconsent tow. A nonconsent tow is when the owner or
driver does not give permission for th~ tow. Only permitted auto
wreckers may perform non-consent tows. Ail non.consent tow ve-
hicles shall be taken to the city impound lot. The auto wrecker
dispatched for a non-consent tow shall be the next scheduled ro-
tation wrecker, unless the owner or driver requests the on-scene
police officer to send another permitted auto wrecker prior to the
time the next scheduled rotation wrecker is dispatched to the
scene.
(d) Consent tow. A consent tow is when the owner or driver
gives permission for the tow, determines the destination of the
towed vehicle, and the towed vehicle is not taken to the city
impound lot~ The auto wrecker dispatched for a consent tow shall
be the next schedules rotation wrecker unless the owner or driver:
(1) Personally calls an auto wrecker of his/her preference, or
(2) Requests the on-scene police officer to send another per-
mitted auto wrecker.
Prior to the time the next scheduled rotation wrecker is dis-
patched to the scene. A not for hire %~rrecker belonging to the
owner may be called by the owner for a consent tow.
(e) No vehicle shall be towed by an auto wrecker which does
not display both a Texas tow truck plate and Texas license plate.
(f) In a situation where safety or time dictates otherwise, the
peace officer on the scene may direct actions inconsistent with
these requirements.
(Ord. No. 20235, § 1, 3-8-88; Ord. No. 21834, § 1, 12-21-93)
Sec. 57-242. Transfer of disabled vehicles by wrecker not
under permit.
No disabled vehicle shall be moved by any auto wrecker not
covered by a required permit unless the owner or driver of said
disabled vehicle personally calls an auto wrecker of his own pref-
Supp. No. 46 4884
VEHICLES FOR HIRE
§ 57-243
erence prior to the time that the next scheduled rotation wrecker
has been dispatched to the scene.
(Ord. No. 20235, § 1, 3-8-88; Ord. No. 21834, § 1, 12-21-93)
Sec. 57.243. Dispatching in rotation.
(a) The police chief shall establish an equitable rotation list
system of the owners holding auto wrecker permits, where each
owner is dispatched in rotation to the scene of an impounded or
disabled vehicle. No police officer or dispatcher shall cause any
auto wrecker to go to the scene of a disabled or impounded vehicle
other than the next scheduled rotation ~wecker unless:
(1) The closest wrecker is sent because:
a. An extreme emergency situation exists where a human
life is at stake; or
b. An accident has blocked a traffic lane on the Harbor
Bridge, Nueces Bay Causeway, JFK Bridge or
causeway, Interstate Highway 37, State Highway 77,
State Highway 286, State Highway 358, State Highway
44/358 interchange, or the respective highway access
road intersections where traffic congestion is causing
traffic to backup on those highways; or
(2) The owner or driver of a disabled or impounded vehicle
wants to use another auto wrecker than the next scheduled
rotation ~wecker and requests that company prior to the
next scheduled rotation wrecker being dispatched to the
scene.
If the owner or driver of a disabled vehicle wants to use an
auto ~vrecker company not on the rotation list, the owner or
driver must contact that company directly but not through
the police officer or dispatcher.
(b) No police officer shall suggest or recommend that the owner
or driver of a disabled vehicle call any auto wrecker company
other than the next scheduled rotation wrecker.
However, in a situation where safety or time indicates other-
wise, the peace officer on the scene may direct actions inconsis-
tent with these requirements.
(Ord. No. 20235, § 1, 3-8-88; Ord. No. 21834, § 1, 12-21-93)
Supp. No. 46 4885
§ 57.244
CORPUS CHRISTI CODE
Sec. 57-244. Soliciting wrecker business on city streets pro-
hibited; presence at scene of collision as prima
facie evidence of violation.
No o~vner or his employee or agent shall offer assistance or
solicit in any manner directly or indirectly, on the streets of the
City of Corpus Christi, auto wrecker business involving any ve-
hicle which is disabled or wrecked on a public street. This prohi-
bition applies regardless et whether the solicitation is for the
purpose of soliciting the business of towing, removing, repairing,
wrecking, storing, trading, selling, or purchasing such vehicle.
Proof of the presence of any auto wrecker, whether certified under
this article, at or near the scene of a wreck on any public street in
the city after the wreck or prior to the removal of all disabled
vehicles shall be prima facie evidence of solicitation in violation
of this section.
(Ord. No. 20235, § 1, 3-8-88; Ord. No. 21834, § 1, 12-21-93)
Sec. 57.245. Responding to calls.
Each owner on the rotation list shall have sufficient personnel
and auto ~vreckers to respond to all disabled or impounded vehicle
assignments given by the police dispatcher. On the scene re-
sponse time shall be prompt and shall not exceed thirty (30) min-
utes after the police dispatcher's notification of the assignment.
The owner, his agent or employee shall not refuse an assign-
ment except for safety reasons or if all owner's auto wreckers are
already performing tow work. If the owner, his agent or employee
refuses an assignment, he must notify the police dispatcher of the
reason. Documentation may be required if the reason is auto
wrecker equipment failure or prior tow work.
If an owner establishes a pattern of not responding due to a lack
of personnel or auto wreckers, or a pattern of untimely response
to assignments, the police chief at his discretion may revoke or
suspend owner's auto ~-cecker permit.
A revocation or suspension may be appealed in the manner set
out in section 57-233,
(Ord. No. 20235, § 1, 3-8-88; Ord. No. 21834, § 1, 12-21-93)
Supp. No. 46 4886
VEHICLES FOR HIRE
57-248
Sec. 57-246. Removal of wreckage and debris, etc., at the
scene of an accident.
The owner shall completely remove from an accident scene all
resulting wreckage and debris, including ali broken glass and
metal fragments, before leaving the scene. This debris shall be
properly disposed of, and shall be removed to the extent that the
debris will not enter the gutters, storm sewers, streams, and public
rights-of-way. Property not belonging to the auto wrecker com-
pany shall be collected and removed from the scene but shall not
be disposed of without the property owner's prior consent.
(Ord. No. 20235, § 1, 3-8-88; Ord. No. 21834, § 1, 12-21-93)
Sec. 57-247. Notice of location of storage facility.
If the o~vner or driver of a disabled vehicle is at the scene and
capable of receiving information, owner shall notify the owner or
driver of the disabled vehicle, and give him or her a fee schedule
and a card which notifies him or her, that the disabled vehicle
will be towed to owner's vehicle storage facility unless the vehi.
cle's owner or operator requests that the vehicle be towed else-
where.
The card shall contain the business's name, address, phone
number, hours during which the vehicle can be reclaimed, and a
statement that there will be charges for all services provided.
Failure to provide the card and fee schedule may result in re-
vocation or suspension of owner's auto wrecker permit, which
may be appealed as set out in section 57-233.
(Ord. No. 20235, § 1, 3-8-88; Ord. No. 21834, § 1, 12-21-93)
Sec. 57-248. Auto wrecker drivers.
(a) An auto wrecker driver must be trained in the specialized
manner of towing disabled and impounded vehicles for the police
department.
(b) An auto wrecker driver must be familiar with the Corpus
Christi road system in order to be able to respond promptly to the
correct location of the scene.
Supp. No. 46 4887
§ 57.245
CORPUS CHRISTI CODE
(c) The chle f of police may request documentation of training or
demonstration of a potential driver's ability to tow a disabled or
impounded vehicle and/or test his/her knowledge of the Corpus
Christi roadway system prior to approving a driver.
(d) Only approved auto wreckers drivers may operate per-
mitted auto wreckers. An invoice with an auto wrecker driver
who has not been approved by the chief of police will not be paid
by the police department.
(e) Owner shall supply the chief of police the following infer-
mation at least three (3) working days before the expected em-
ployment of an auto wrecker driver: driver's fall name, including
any aliases; date of birth; social security number; copy of current
Texas and ail other states drivers licenses.
The chief of police shall approve or deny the driver within three
(3) working days after receipt of the above information and shall
notify owner in writing of the approval or denial.
(O Owner shall supply the above driver's information on all
approved drivers to the police chief semiannually on June 1 and
December 1.
Owner shall notify the police chief within five (5) working days
after termination of any driver.
(g) No auto wrecker may be operated by any driver who has
received three (3) moving violation traf~c citations within the
preceding twelve (12) month period, unless all three (3) citations
arose out of one (1) accident.
The police chief shall notify an owner of any citations issued to
an approved driver working for that owner.
(Ord. No. 20235, § 1, 3-8-88; Ord. No. 21834, § 1, 12-21-93/
Sec. 57-249. Reassembly of parts.
Whenever it is necessary to disassemble parts to a vehicle in
order to tow said vehicle, the owner shall reassemble such parts
upon reaching his storage facility if requested by the owner or if
the vehicle is to be reclaimed by the owner.
(Ord. No. 20235, § 1, 3-8-88; Ord. No. 21834, § 1, 12-21-93)
Supp. No. 46 4888
VEHICLES FOR HIRE
§ 57.252
Sec. 57-250. Storing wreckers on public streets or rights-
of-way prohibited.
No owner shall store any disabled vehicle or auto wrecker on
the public streets or rights:of-way.
(Ord. No. 20235, § 1, 3-8-88; Ord. No. 21834, § 1, 12-21-93)
Sec. 57.251. Dispatching of Category A and Category B
wreckers.
When the police dispatcher assigns a rotation wrecker to the
scene of a disabled or impounded vehicle, the assignment will
include how many and what category of auto wrecker shall be
sent to the scene. The owner, his agent or employee wilt advise
the police dispatcher how many of its permitted auto wreckers are
available at the time of the call.
Owner shall not refer an assignment to another auto ~vrecker
company, even if the owner owns the other company. Any such
referral may result in revocation or suspension o[ owner's auto
wrecker permit, which may be appealed as set out in section
57-233, at the police chief's discretion.
If an auto ~wecker is not at owner's business location, or if an
auto wrecker has been assigned to the scene of a disabled or
impounded vehicle and not already on its way back to owner's
business address at the time of the police dispatcher's cail, an
auto wrecker is not available for being assigned a new scene.
Neither owner nor his agents or employees shall drive a dis-
abled or impounded vehicle which they have been assigned to
tow.
(Ord. No. 20235, § 1, 3-8-88; Ord. No. 21834, § 1, 12-21-93)
Sec. 57-252. Officer at the scene.
A police officer shall stay at the scene of an accident until the
scene is completely cleared whenever practical.
(Ord. No. 20235, § 1, 3-8-881
Supp. No. 46 4889
§ 57-253
CORPUS CHRISTI CODE
Sec. 57-253. Emergency dispatches.
No auto wrecker shall be dispatched to the scene of an im-
pounded or disabled vehicle under a Signal 17 lemergency run)
without a police escort.
(Ord. No. 20235, § 1, 3-8-88)
Sec. 57-254. Maximum auto ',wrecker ser-vlce a. nd storage
fees.
The following towing fees shall be paid by the person reclaiming
the disabled or impounded vehicle once the auto wrecker is hooked
up to the vehicle it was assigned to tow:
(1) Nonconsent tows (impounded vehicle) will be paid to the
city at the city vehicle impound lot.
(2) Consent tows (disabled vehicles) will be paid to the as-
signed auto wrecker company according to that company's
policy.
(3) If a vehicle has been hooked up and a police officer directs
the auto wrecker driver to release the vehicle, the direction
to release the vehicle shall be contingent upon the person
reclaiming the vehicle paying the tow fee prior to the ve-
hicle being released; otherwise, the tow will be completed
as .assigned.
(4) Maximum towing fees.
a. Category A auto wreckers:
1. Normal consent or non-consent tow
(includes double hook up) .......... $ 50.00
2. Tire change rather than use dollies:
One tire .......................... 15.00
Two tires ......................... 20.00
3. Required use of dollies ............. 25.00
4. Additional labor such as winching for
removal from a ditch or water,
righting an overturned vehicle or for
similar unusual circumstances (all in-
Supp. No. 46 4890
VEHICLES FOR HIRE
§ 57,254
inclusive) ......................... 20.00
5. Total maximum towing fee including
the use of dollies and additional la-
bor, but excluding additional time at
the scene and unusual distance ..... 95.00
6. Additional fee for each half-hour or
portion thereof at the scene in excess
of one-half hour not caused by delay
on the part of the permit holder .... 10.00
7. Unusual distance (beyond JFK bridge
or Callicoate) ...................... 5.00
8. Cleanup only, no tow required ...... 25.00
If the tow is incomplete, the vehicle owner or driver must
pay the charges set by the specific auto wrecker company
performing the tow.
b. Category B auto wreckers.
1. Normal consent or non-consent tow
(includes double hookup) ........... $ 95.00
2. Additional labor such as winching for
removal from ditch or water, righting
an overturned vehicle, pulling an axle
or for similar unusual circumstances
(all inclusive) at twenty dollars
($20.00) per fifteen (15) minutes.
3. Additional fee for each half-hour or
portion thereof at the scene in excess
of one-half hour not caused by delay
on the part of the permit holder .... 30.00
(5) Storage fees including storage for all or part of the first
twenty~four (24) hours, and for each subsequent twenty-
four (24) hour period or part thereof:
a. Recovered stolen vehicles .............. $ 5.00
b. Vehicles with rated capacityless than one
(1) ton according to manufacturer's rat-
ing (including but not limited to passen-
get cars, vans and pickup trucks with a
Supp. No. 50 4891
§ 57-254
CORPUS CHRISTI CODE
capacity of less than one (1) ton ........ 7.50
c. Vehicles with rated capacity of one (l) ton
or more according to manufacturer's rat-
ing ................................... 10.00
(6) Administrative fee for processing and records
management .............................. $ 11.00
(7) Preservation fee for covering broken/inopera-
ble windows with plastic/tape, or similar ac-
tions. Can be charged only if actually per-
formed; per window covered charge or use of a
tarpaulin for vehicle cover; maximum ....... 10.00
(8) Notification fees for: research (28's), certified letters, news-
paper advertisements and preparation necessary to inform
the last registered owner and lien holder(s). Can be charged
only if actually perform a. or b. below.
a. Certified letter, cost of postage, research,
preparation, supplies and transportation:
One letter, in state ........................ $ 15.00
One letter, out of state ..................... 25.00
Two or more letters, in/out of state ......... 25.00
b. Newspaper advertisement(s), actual publication cost
prorated by number of articles advertised plus ~vo
dollars ($2.00) for preparation, supplies and transpor-
tation.
c. The total fee charged for notification under (1) and (2)
above cannot exceed twenty-five dollars ($25.00)
Cross refereuc~See also §§ 13-48 and 53-60.
(9) Multiple vehicles. When a vehicle and trailer are both
towed by one (1) auto wrecker, only one (1) towing fee shall
be paid to the owner. When more than one (1) vehicle is
transported by one (1) auto wrecker, e.g., motorcycles or
parts of vehicles, only one (1) towing fee shall be paid to
owner.
(10) Invoices.
a. Each customer invoice shall include the owner's com-
pany name, business address and phone number,
Supp. No. 50 4892
VEHICLES FOR HIRE
§ 57-255
permit number, name of the auto wrecker who per-
formed the specific assignment being invoiced, date
and time of assig-nment, date and time assignment
completed (i.e., delivery of the vehicle), hours when
vehicles can be reclaimed, and an itemized statement
of charges. A f~e schedule listing the maximum towing,
storage, etc. fees shall be attached to each consent tow
invoice.
b. The city shall provide each owner with the basic fee
schedule copies to attach to the consent tow customer
invoices. Failure to attach the fee schedule shall be
grounds for revocation or suspension of owner's auto
wrecker permit.
c. Each owner has one (I) or more auto wreckers permit-
ted to him under an auto wrecker permit number. Only
service provided by an auto wrecker permitted under
an auto wrecker permit number shall be invoiced by
the owner, his agent or employee to that permit;
service provided under any other auto wrecker permit
number than the permit number under which it is
billed is in violation of this ordinance and shall be
grounds for revocation of the auto wrecker permit.
d. Each owner shall invoice the police department for
nonconsent (impound) tows, which shall include mu
itemized statement of charges and an explanation of
all charges above the normal towing only fee.
The chief of police w~ll review each invoice and either
approve or reject charges for services rendered.
(Ord. No. 20235, § 1, 3-8-88; Ord. No. 21713, § 1, 7-27-93; Ord. No.
21834, § 1, 12-21-93; Ord. No. 22296, § 4, 7-25-95)
Sec. 57-255. Notification to permit holders of pending
changes to permit regulations.
Holders of permits under Article V of this chapter of the City
Code shall be notified by the City of Corpus Christi of any pending
changes in Article V.
(Ord. No. 20235, § 1, 3-8-88)
IThe next page is 4923]
Supp. No. 50 4893
30
CITY COUNCIL
AGENDA MEMORANDUM
August 15, 2002
AGENDA ITEM:
An ordinance authorizing the issuance and sale of City of Corpus Christi, Texas Utilities System
Revenue Refunding and Improvement Bonds, Series 2002, in an aggregate principal mount not to
exceed $130,000,000; authorizing the City Manager to execute a bond purchase agreement subject
to parameters set forth in the ordinance; authorizing the execution of an escrow agreement; and
ordaining other matters related to the sale of the bonds.
ISSUE:
· This bond issue will fund the City's CIP as adopted by City Council.
· Pay off Commercial Paper: $42,000,000,
· Refund existing Utility System Revenue Bonds: $30,0065,000,
· Provide new funds: $53,600,000,
· Cover Bond issuance costs: $1,630,000,
· The final issue amount will be determined on sale date. The amount of refunded bonds is
dependent upon the municipal bond and U. S. Treasury markets on the sale date.
· The Utility System rate ordinance adopted on July 23, 2002 supports the debt service
requirements of this issue.
REQUIRED COUNCIL ACTION:
Approve an ordinance authorizing the issuance and sale of these Utility Revenue bonds. The
proposed ordinance authorizes the City Manager to sell the bonds and sign the bond purchase
agreement to confirm the sale.
PRIOR COUNCIL ACTION:
· Ordinance 024974 adopted on July 23, 2002 approving of the Fiscal Year 2002-2003 Operating
Budget
· Ordinance 024730 adopted on January 15, 2002 approving the Fiscal Year 2002 CIP
budget.
· Ordinance 02969 adopted on July 23, 2002 approving the Utility System Rate Ordinance.
· Resolution 21012 approved on July 23, 2002 expressing official intent to reimburse costs of
Utility System Improvement Projects.
FUTURE COUNCIL ACTION:
Upon sale of the above bonds, an amendment to the Fiscal Year 2002-2003 approved budget will
be submitted to the City Council for approval of required debt service obligations fi.om the Utility
System Enterprise Fund.
RECOMMENDATION:
Staff recommends that the City Council approve the Ordinace authorizing the City sell Utility
System Revenue Refunding and Improvement Bonds, Series 2002 in the amount not to exceed
$130,000,000, and authorizing the City Manager to execute the Bond Purchase Agreement.
Le~A~m bumbauld -
Director of Financial Services
ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF
CITY OF CORPUS CHRISTI, TEXAS UTILITY SYSTEM
REVENUE REFUNDING AND IMPROVEMENT BONDS, SERIES 2002,
IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $130,000,000
THE STATE OF TEXAS :
COUNTIES OF NUECES AND SAN PATRICIO :
CITY OF CORPUS CHRISTI :
WHEREAS, the City of Corpus Christi, Texas (the "City" or the "Issuer"), a "home-role" city
operating under a home~mle chatter adopted pursuant to Section 5 of Article XI of the Texas Constitution,
with a population according to the latest federal decennial census of in excess of 90,000, has heretofore
issued its City of Corpus Christi, Texas Utility System Revenue Refunding Bonds, Series 1990 (the "Series
1990 Bonds"), its Utility System Revenue Bonds, Series 1994 (the "Series 1994 Bonds"), its Utility System
Revenue Bonds, Series 1994-A (the "Series 1994-A Bonds"), its Utility System Revenue Bonds, Series
1995 (the "Series 1995 Bonds"), its Utility System Revenue Bonds, Series 1995-A (the "Series 1995-A
BOnds"), its City of Corpus Christi, Texas Utility System Revenue Refunding and Improvement Bonds,
Series 1999 (the "Series 1999 Bonds'), its City of Corpus Christi, Texas Utility System Revenue Refunding
and Improvement Bonds, Series 1999-A, in the aggregate principal amount of $15,750,000 (the "Series
1999-A Bonds"), its City of Corpus Christi, Texas Utility System Revenue Refunding Bonds, Series 2000
(the "Series 2000 Bonds") and its City of Corpus Christi, Texas Utility System Revenue Refunding Bonds,
Series 2000-A (the "Series 2000-A Bonds"); and
WHEREAS, the Series 1990 Bonds are no longer outstanding; and
WHEREAS, the Series 1994 Bonds, the Series 1994-A Bonds, the Series 1995 Bonds, the Series
1995-A Bonds, the Series 1999 Bonds, the Series 1999-A Bonds, the Series 2000 Bonds, and the Series
2000-A Bonds are sometimes collectively referred to herein as the "Previously Issued Priority Bonds"; and
WI-~REAS, the City has established an interim financing program pursuant to which the City has
issued commercial paper notes designated "City of Corpus Christi, Texas Utility System Commercial Paper
Notes, Series A", to be issued from time to time in an aggregate principal amount not to exceed
$50,000,000 at any one time outstanding (thc "Series A Commercial Paper Notes"); and
WHEREAS, the City currently has outstanding Series A Commercial Paper Notes in the aggregate
principal amount of $42,000,000; and
WHEREAS, in the ordinance authorizing the issuance of the Series 1990 Bonds (the "Base
Ordinance"), the City reserved the fight to issue revenue bonds on a parity with the Series 1990 Bonds;
and
WHEREAS, the City Council has determined to refund ceitain of the outstanding Previously Issued
Parity Bonds described in Schedule I to this Ordinance (the 'Refunded Bonds") to achieve a debt service
savings with respect to Refunded Bonds; and
WHEREAS, it is appropriate and necessary, in order to provide the citizens of the City more
efficient and reliable service, to issue revenue bonds on a parity with the Previously Issued Priority Bonds
for the purpose of refunding all of the outstanding Series A Commercial Paper Notes; and
WHEREAS, the bonds hereinafter authorized are to be issued and delivered pursuant to the laws
of the State of Texas, including specifically Chapters 1207, 1371 and 1502, Texas Government Code, as
amended (and specifically Section 1207.061, Texas Government Code) for the purposes set forth above.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
Section 1. BONDS AUTHORIZI~.D. That there shall be authorized to be issued, sold, and
delivered hereunder fully registered bonds, without interest coupons (the "Bonds"), numbered consecutively
from .R- 1 upward, payable to the rc~ecfive initial registered owners thereof, orto the registered assignee
or assignees of thc Bonds or any poffion or portions thereof, in the denomination of $5,000 or any integral
multiple thereof (an "Authorized Denomination"), maturing not later than July 15, 2032, payable serially or
otherwise on the dates, in the years and in the principal amounts, respectively, and dated, all as set forth
in the Purchase Agreement. That the Bonds are hereby authorized to be issued for the purpose of refunding
the City's outstanding Series A Commercial Paper Notes, issued initially to finance improvcanents and
extensions to the System, to refund the Refunded Bonds, to finance improvements and extensions to the
System, and to pay the costs of issuing the Bonds. The Bunds authorized by this Ordinance to be issued,
sold and delivered may not be sold in an aggregate principal amount in excess of $130,000,000.
Section 2. SALE OF BONDS. (a) That the Bonds will be sold through a negotiated sale
pursuant to the procedures set forth here~ RBC Dain Rauscher, Inc., is hereby designated to be the senior
managing undemaiter for the Bonds. The City Manager, acting for and on behalf of the City, is authorized
to enter into and cany out thc Purchase Agreement with the Underwriters, in substantially the form attached
hereto and made a part hereof for all purposes, with such chan4ges as may be necessary to effect the sale
of the Bonds to the Underwriters. The Bonds shall be sold to thc Undem, riters at such price, and subject
to such terms and conditions as set forth in the Purchase Agreement, as shah be determined by the City
Manager pursuant to subsection (c) below. The authority of the City Manager to execute the Purchase
Agreement shall expire ff the Purchase Agreement has not been executed by the City and by the
Underwriters (acting through their duly designated representative) by 5:00 p.m., Friday, September 20,
2002. Prior to the execution of the Purchase Agreement, the Bonds shall have an underlying rating from
a nationally-recognized municipal bond rating agency in one of the four highest genetic rating categories.
Any findln~g or dm'on made by the City Manager relating to the issuance and sale of the Bonds and
the execution of the Purchase Agreement in connection therewith shall have the same force and effect as
a finding or determination made by the City Council.
(b) As authorized by Chapters 1207 and 1371, the City Manager is hereby authorized,
appointed, and designated to act on behalf of the City in selling and delivering the Bonds and caxrying out
the other procedures specified in this Ordinance, including determining and fixing the date of the Bonds,
any additional or different designation or title by which the Bonds shall be known, the aggregate principal
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amount of the Bonds, the date of delivery of the Bonds, the price at which the Bonds will be sold, the years
in which the Bonds will mature, the principal amount of Bonds to mature in each of such years, the rate of
interest to be borne by each such maturity, the interest payment periods, the dates, price, ennd terms upon
and at which the Bonds shall be subject to redemption prior to maturity at the option of the City, as well
as any mandatory sinking fund redemption provisions, and all other matters relating to the issuance, sale,
and delivery of the Bonds, and the refunding of the Refunded Bonds, including, without limitation, obtaining
a municipal bond insurance policy and a debt service reserve fund surety bond in support of the Bonds,
all of which shall be specified in the Purchase Agreement; provided, that (i) the price to be paid for the
Bonds shall not less than 95% of the aggregate original principal amount thereof, plus accrued interest
thereon from thc date of their delivery, (ii) none of the Bonds shall bear interest at a rote greater than 10%
per annum, and ('fii) the Bonds may not be sold for the purpose of refunding the Refunded Bonds unless
the refunding of the Refunded Bonds results in achieving the minimum net present value debt service savings
threshold described in Section 35 of this Ordinance.
(c) The City Manager and the Director of Finance are authorized and directed to provide for and
oversee the preparation of a final official statement in connection with the issuance of the Bonds, and to
approve such final official statement and deem the preliminary official statement pt~ed in connection with
the sale of ~ Bonds final in compliance with the Rule and to provide it to the Underwriters of the Bonds
in compliance with the Rule. The use of the preliminary official statement prepared in connection with the
sale of the Bonds is hereby ratified.
Section 3. REDE1VIPTION OF TltE, BONDS. (a) To the extent so provided for in the Purchase
Agreement, the Bonds may be subject to redemption prior to their scheduled maturities. Should the
Purchase Agreement provide for the redemption of the Bonds prior to their scheduled maturities at the
option of the City, if less than all of the Bonds are to be redeemed by the City, the City shall determine the
matmity or maturities and the amounts thereof to be redeemed and shall direct the Paying Agent/Registrar
to call by lot Bonds, or portions thereof, within such maturity or maturities and in such principal amounts,
for redemption; provided, that during any period in which ownership of the Bonds is determined only by
a book entry at a securities depository for the Bonds, if fewer than all of the Bonds of the same maturity
and bearing the same interest rote are to be redeemed, the particular Bonds of such maturity and bearing
tach interest rate shall be selected in accordance with the anangements between the City and the securities
depository. Shouldthe Purchase Agreement provide for the mandatory sinking fund redemption ofBonds,
the terms and conditions governing any such mandatory sinking fund redemption and the payment of
Amortization Installments relating thereto shall be as set foah in the Purchase Agreement.
(b) Notice of any such redemption of Bonds shall be given in the following manner, to-wit, (i) a
written notice of such redemption shall be given to the registered owner of each Bond or a portion thereof
being called for redemption not more than 60 days nor less than 30 days prior to the date fixed for such
redemption by depositing such notice in the United States Mail, first-class postage prepaid, addressed to
each such registered owner at his address shown on the Registration Books (hereinafter defined) of the
Paying Agent/Registrar and (ii) a notice of such redemption shall be published one time, at least 30 days
prior to the date fixed for such redemption, in a joumal or publication of general circulation in the United
States of America which carries as a regular feature notices of redemption of municipalbonds; provided,
however, that the failure to send, mail, or receive such notice described in clause (i) above, or any defect
therein or in the sending or mailing thereof, shall not affect the validity or effectiveness of the proceedings
for the redemption of any Bond, as publication of notice as described in clause (ii) above shall be the only
notice actually required in connection with or as a prerequisite to the redemption of any Bonds. By the date
fixed for any such redemption due provision shall be made by the City with the Paying Agent/RegisU~ for
the payment ofthe required redemption price for the Bonds or the portions thereof which are to be so
redeemed, plus accrued interest thereon to the date fixed for redemption. If such notice of redemption is
Oven, and if due provision for such payment is made, all as provided above, the Bonds, or the poaions
thereof which are to be so redeemed, thereby automatically shall be redeemed prior to their scheduled
matmifies, and shall not bear interest after the date fixed for their redemption, and shall not be regarded as
being outstanding except for the right of the registexed owner to receive the redemption price plus accrued
interest to the date fixed for redemption from the Paying Agent/Registrar out of the funds provided for such
payment. The Paying Agent/Registrar shall record in the Registration Books all such redemptions of
principal of the Bonds or any portion thereof. If a poxtion of any Bond shall be redeemed, a substitute
Bord or Bonds having the same maturity date, beating interest at the same rote, in any Authorized
Denomination at the written request of the registered owner, and in an aggregate principal amount equal
to the unredeemed portion thereof, will be issued to the registered owner upon the surrender thereof for
cancellation, at the expense of the City, all as provided in this Ordinance. The maturifes of Bonds to be
called for redemption shall be determined by the City. The Bonds or po~dons to be redeemed within each
such maturity shall be selected by lot or other customary random method selected by the Paying
Agent/P, egislrar (provided that a portion of a Bond may be redeemed only in an integral multiple of
$ 5,000 ). The City shall give written notice to the Paying Agem/Regis~x of any such redemption of Bonds
at least 60 calendar days (or such sho~ter period as is acceptable to the Paying Agent/Registrar) prior to
such redenq, fion.
(c) (i) In addition to the manner of providing notice of redemption of Bonds as set forth above,
the Paying Agent/Registrar shall give notice of redemption of Bonds by either United States Mail, first-class
postage prepaid, or electxonic mail, at least thirty (30) days prior to a redemption date to each NRMSIR
and the SID. In addition, in the event of a redemption caused by an advance refunding of the Bonds, the
Paying Agent/Registrar shall send a second notice ofred~mptinn to the persons specified in the immediately
preceding sentence at least thirty (30) days but not more than ninety (90) days prior to the actual
redemption date. Any notice sent to each NRMSIR and the SID shall be sent so that they are received
at least two (2) days prior to the general mailing or publication date of such notice. The Paying
Agent/Registrar shall also send a notice of prepayment or redemption to the owner of any Bond who has
not sent the Bonds in for redemption sixty (60) days after the redemption date.
(h) Each redemption notice, whether required in the FORM OF BOND or otherwise by this
Ordinance, shall contain a description of the Bonds to be redeemed including the complete name of the
Bonds, the series, the date of issue, the interest rate, the maturity date, the CUSIP number, if any, the
certificate numbers, the amounts called of each certificate, the publication and mailing date for the notice,
the date of redemption, the redemption price, the name of the Paying Agent/Registrar and the address at
which the Bond may be redeemed including a contact person and telephone nmber.
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('fii) All redemption payments made by the Paying Agent/Registrar to the mgismred owners of the
Bonds shall include a CUSIP number relating to each amount paid to such registered owner.
Section4. INTEREST. That the Bonds shall bear interest calculated on the basis of a 360-day
year composed of twelve 30-day months from the dates specified in the FORM OF BOND to their
respective dates of maturity at the rates set forth in the Purchase Agreement. Interest on the Bonds shall
be payable on the dates as set forth in the Purchase Agreement, until the maturity or prior redemption of
the Bonds.
Section 5. CHARACTERISTICS OF TItE BONDS. (a) Registration, Transfer,
Conversion and Exchange;,4uthenttcatlon. The City shall keep or cause to be kept at the designated
lmst office in Dallas, Texas (the "Designated Trust Office") of IPMorgan Chase Bank (the "Paying
Agent/Registrar") books or records for the registration of the transfer, conversion and exchange of the
Bonds (the "Regislmtion Books"), and the City hereby appoints the Paying Agent/Registrar as its registrar
and transfer agent to keep such books or records and make such regislxations of transfers, conversions and
exchanges under such reasonable regulations as the City and the Paying Agent/Registrar may prescribe;
and thc Paying Agent/Registrar shall make such registrations, transfers, conversions and exchanges as
herein provided. The execution ora "Paying AgentfRegistmr Agreement", in such form as is approved by
the City Attorney, is hereby authorized. The Paying Agent/Registrar shall obtain and record in the Regis-
lration Books the address of the registered owner of each Bond to which payments with respect to the
Bonds shall be mailed, as herein provided; but it shall be the duty of each registered owner to notify the
Paying Agent/Registrar in writing of the address to which payments shall be mailed, and such interest
payments shall not be mailed unless such notice been giv Vhe C ty shah have the right to inspect the
Registration Books during regular business hours of the Paying Agent/Registrar, but otherwise the Paying
Agent/Registrar shall keep the Registration Books confidential and, unless otherwise required by law, shall
not permit their impecfion by any other entity. The City shall pay the Paying AgenffRegistrafs standard
or customary fees and charges for making such registration, transfer, conversion, exchange and delivery
of a substitute Bond or Bonds. Registration of assignments, transfers, conversions and exchanges of Bonds
shall be made in the manner provided and with the effect stated in the FORM OF BOND. Each substitute
Bond shall bear a letter and/or number to distinguish it from each other Bond.
An authorized representative of the Paying Agent/Regism~r shall, before the delivery of any such
Bond, date and manually sign said Certificate, and no such Bond shall be deemed to be issued or out-
standing unless such Certificate is so executed. The Paying Agent/Regish~ar promptly shall cancel all paid
Bonds and Bonds surrendered for conversion and exchange. No additional ordinances, orders, or resolu-
tions need be passed or adopted by the governing body of the City or any other body or person so as to
accomplish the foregoing conversion and exchange of any Bond or portion thereof, and the Paying
Agent/Registrar shall provide for the printing, execution, and delivery of the substitute Bonds in the marker
prescribed herein. Pursuant to Chapter 1206, Texas Government Code, the duty of conversion and
exchange of Bonds as aforesaid is hereby imposed upon the Paying Agent/Registrar, and, upon the
execution of said Cefdficate, the converted and exchanged Bond shall be valid, incentestable, and
enforceable in the same manner and with the same effect as the Bonds which initially were issued and
delivered pursuant to this Ordinance, approved by the Attorney General, and registered by the Comptroller
of Public Accounts.
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(b) Payment of Bonds and Interest. The City hereby further appoints the Paying
Agent/Registrar to act as the paying agent for paying the principal of, pmmimn, if any, and intea~t on the
Bonds, all as provided in this Ordinance. The Paying Agent/Registrar shall keep proper records of all
payments made by the City and the Paying Agent/Regislrar with respect to the Bonds.
(c) In General. The Bonds (i) shall be issued in fully registered form, without interest coupons,
with the principal of and interest on such Bonds to be payable only to the registered owners thereof, (ii)
may be redeemed prior to their scheduled maturities, (iii) may be transferred and assigned, (iv) may be
converted and exchanged for other Bonds, (v) shall have the characteristics, (vi) shall be signed, sealed,
executed and authenticated, (vii) the principal of and interest on which shall be payable, and (viii) shall be
administered and the Paying Agent/Registrar and the City shall have c~s ~ duties and responsibilities with
respect to the Bonds, all as provided, and in the manner and to the effect as required or indicated, in the
FORM OF BOND. The Bonds initially issued and delivered pursuant to this Ordinance are not required
to be, and shall not be, authenticated by the Paying Agent/Registrar, but on caeh sub~tute Bond issued
in ennversion of and exchange for any Bond or Bonds issued under this Ordinance thc Paying
AgentfRegislrar shall execute the PAYING AGEIqT/REGISTRAR'S AUTHENTICATION CERTIF-
ICATE, in the form set fogh in the FORM OF BOND.
(d) Substitute Paying ,4gent/Registrar. The City covenants with the registered owners of the
Bonds lhat at all times while the Bonds are outstanding a competent and legally qualified entity shall act as
and perform the services of Paying Agent/Regishntr for the Bonds under this Ordinance, and that the Paying
Agen~Reg;is'aar will be one entity. Such entity may be the City, to the extent permiO, ed by law, or a bank,
trust company, financial institution, or other agency, as selected by the City. The City reserves the right to,
and may, at its option, change the Paying Agent/Registrar upon not less than 120 days written notice to the
Paying AgenVRegistmr, to be effective not later than 60 days prior to the next principal or interest payment
date atter such notice. In the event that the entity at any time acting as Paying Agent/Regis~:ar (or its
successor by merger, acquisition, or other method) should resign or otherwise cease to act as such, the City
covenants that promptly it will appoint a competent and legally qualified entity to act as Paying
Agent/Registrar under this Ordinance. Upon any change in the Paying Agent/RegisWar, the previous Paying
Agent/Registrar promptly shall transfer and deliver the Registration Books (or a copy thereof), along with
all other pertinent books and records relating to the Bonds, to the new Paying Agent/Registrar designated
and appointed by the City. Upon any chan~,e in the Paying Agent/Registrar, the City prrrmptly will cause
a written notice thereof to be sent by the new Paying Agent/Registrar to each mgistored owner of the
Bonds, by United States Mail, first-class postage prepaid, which notice also shall give the address of the
new Paying Agent/Registrar. By accepting ~e position and performing as such, each Paying Agent/Regis-
trar shall be deemed to have agreed to the provisions of this Ordinance, and a ceffitied copy of this
Ordinance shall be delivered to each Paying AgentfRegismtr.
(e) Book Entry Only System. The Bonds issued in exchange for the Bonds initially issued to the
purchaser specified herein shall be initially issued in the form of a separate single fully registeted Bond for
each of the maturities thereof. Upon initial issuance, the ownership of each such Bond shall be registered
in the name of Cede & Co., as nominee of The Depository Trust Company of New York ("DTC"), and
except as provided in subsection (f) hereof, all of the outstanding Bonds shall be registered in the name of
Cede & Co., as nominee of DTC.
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With respect to Bonds registered in the name of Cede & Co., as nominee of DTC, the Is.qoer and
the Paying Agent/Registrar shall have no respomib'flity or obligation to any securities brokers and dealers,
banks, trust companies, cleating corporations and cemin other organizations on whose behalf DTC was
created ("DTC Participant") to hold securities to facilitate the clearance and settlement of securities
transactions among DTC Participants or to any person on behalf of whom such a DTC Participant holds
an interest in the Bonds. Without limiting the immediately preceding sentence, the Issuer and the Paying
Agent/Registrar shall have no responsibility or obligation with respect to (i) the accuracy of the records of
DTC, Cede & Co. or any DTC Participant with respect to any ownership interest in the Bonds, (ii) the
deliver/to any DTC Participant or any other person, other than a registered owner of Bonds, as shown
on the Registration Books, of any notice with respect to the Bonds, or Cfii) the payment to any DTC
Pa~icipant or any other person, other than a registered owner of Bonds, as shown in the Regislration
Books of any amount with respect to principal of or inteacst on the Bonds. Notwithstanding any other
provision of this Ordinance to the contm~3', the Issuer and the Paying Agent/Registrar shall be entitled to
heat and consider the person in whose name each Bond is registered in the Regimation Books as the
absolute owner of such Bond for the propose of payment of principal and interest with respect to such
Bond, for the propose of registering Uansfers with respect to such Bond, and for all other purposes
whatsoever. The Paying Agent/Registrar shall pay all principal of and interest on the Bonds only to or upon
the order of the registered owners, as shown in the Registration Books as provided in this Ordinance, or
hheir respective attorneys duly authorized in writing, and all such payments shall be valid and effective to
fully satisfy and discharge the Issuers obligations with respect to payment of principal of and interest on
the Bonds to the extent of the sum or sums so paid. No person other than a registered owner, as shown
in the Registration Books, shall receive a Bond evidencing the obligation of the Issuer to make payments
ofprincipal and interest pumuant to this Ordinance. Upon delivery by DTC to the Paying Agent/Registrar
of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede &
Co., and subject to the provisions in this Ordinance with respect to interest checks being mailed to the
registered owner at the close of bnsiness on the Record date, the words "Cede & Co." in this Ordinance
shall refer to such new nominee of DTC.
(f) Successor Securities Depository. In the event that the Issuer determines that DTC is
incapable of discharging its responsibilities describcd herein and in the representation letter of the Issuer
to DTC or that it is in the best interest of the beneficial owners of the Bonds that they be able to obtain
ce-rtificated Bonds, the Issuer shall (i) appoint a successor securities depository, qualified to act as such
under Section 17(a) of the Secmifies and Exchange Act of 1934, as amended, notify DTC and DTC
Participants of the appointment of such successor securities depository and transfer one or more separate
Bonds to such successor securities depository or (ii) notify DTC and DTC Par'dcipants of the availab'dity
through DTC of Bonds and transfer one or more separate Bonds to DTC Participants having Bonds
credited to their DTC accounts. In such event, the Bonds shall no longer be restricted to being registered
in the Registraiion Books in the name of Cede & Co., as nominee of DTC, but may be registered in the
name of the successor securities depository, or its nominee, or in whatever name or names registered
owners transfen'ing or exchanging Bonds shall designate, in accordance with the provisions of this
Ordinance.
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(h) DTC Letter of Representations. Notwithstanding any other provision of this Ordinance to
the contras, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all
payments with respect to principal of and inter~ on such Bond and all notices with respect to such Bond
shall be made and given, respectively, in the manner provided in the ~presentation letter of the Issuer to
DTC.
Section 6. FORM OF BONDS. That the form of all Bonds, including the form of the Paying
Agent/Registrars Certificate, the form of Assignment, and the form of the Comptrollers Registration
Certificate to be attached only to the Bonds initially issued and delivered pursuant to this Ordinance, shall
be, respectively, substantially in the form attached hereto as Exhibit A, with such appropriate variations,
omissions, or insertions as are permitted or required by this Ordinance.
Section 7. DEFINITIONS. That, as used in this Ordinance, the following terms shall have the
meanings set fomh below, unless the text hereof specifically indicates otherwise:
The term "Account" shall mean any account created, established and maintained under the terms
of any ordinance authorizing the issuance of Priority Bonds.
The term "Accountant" shall mean a nationally recognized independent eexfified public accountant,
or an independent firm of certified public accountants.
The term ''Additional Priority Bonds" shall mcan the additional revenue bonds which the City
reserves the right to issue in the future on a parity with the Previously Issued Priority Bonds and the Bonds,
as provided in this Ordinance.
The term ''Amortization Installment" shall mean the amount of money which is required to be
deposited into the Mandatory Redemption Account for retirement of Term Bonds (whether at num~ty or
by mandatory redemption and including redemption premium, if any).
The term ''Authorized Denomination" shall mean $5,000 or any integral multiple thereof.
~ term "Average AnnualPrincipal andInterest Requirements" shall mean that amount equal
to the average armual principal and interest requirements (including Amortization Installments) of all Priority
Bonds outstanding. With respect to Additional Priority Bonds that bear interest at a rote which is not
established at the time of issuance at a single numerical rate for each maturity of such series, Average
Annual Principal and Interest Requirements shall be calculated by (i) assuming that the interest rate for
every 12-month period on suchbonds is equal to 9.20% or (ii) using the highest numerical rate borne over
the preceding 24 month period by such bonds, whichever is greater;, provided, that if such bonds have not
borne interest at a variable rate for such 24 month period, such rate shall be assumed to be 9.20% until
such time as bonds have been outstanding for a 24 month period. In making such detennin~ons, it shall
be assumed that the principal of such bonds is amortized such that annual debt service is substantially level
over the remaining stated life of such bonds.
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Bonds.
The term "Base Ordinance" shall mean rite ordinance authorizing the issuance of the Series 1990
The term "Bonds" shall mean the Series 2002 Bonds.
The term "CapitalAdditions" shall mean a reservoir or other water storage facilities, a wastewater
txeatraent plant or an interest therein, a gas distribution system or an interest therein and associated
transmission facilities with respect to each and any combination thereof, which shall become a part of the
Syste~.
The term "Capital Improvement," shall mean any capital extensions, improvements and
betterments to the System other than Capital Additions.
· ae term 'Capitalized Interest Account" shall mean the Account by tlmt name which may be
created within the Debt Service Fund.
The tenm 'City" and 'Tssuer" shall mean the City of Coq>us Christi, Texas.
The terra 'U. ode" shall mean the Intemal Revenue Code of 1986, and any amendments thereto.
The terra "Construction Fund" shall mean the fund so designated in Section 13 of this Ordinance.
The term 'Credit Facilit2/' shall mean a policy of municipal bond insurance, a surety bend or a
letter or line of credit issued by a Credit Facility Provider in suppo~a of any Priority Bonds or Subordinate
Lien Bonds.
The term 'Wredit Facility Provider" shall mean (i) with respect to any Credit Facility consisting
of a policy of municipal bond insurance or a surety bond, an issuer of policies of insurance insuring the
timely payment of debt service on governmental obligations such as the Priority Bonds, provided that a
Rating Agency having an outstanding rating on the Priority Bonds would rote the Priority Bonds fully insured
by a standard policy issued by the issuer in its highest generic rating category for such obligations; and (ii)
with respect to any Credit Facility consisting of a letter or line of credit, any financial institution, provided
that a Rating Agency having an outstanding rating on the Priority Bonds would rate the Priority Bonds in
its two highest generic rating categories for such obligations if the letter or line of credit proposed to be
issued by such financial institution secu~l the timely paymcot of the entire principal amount of the series
of Priority Bonds and the interest thereon.
The term 'Debt Service Fund" shall have the meaning given such term in Section 10 of this
Ordinance.
The term 'DTC" shall have the meaning given such term in Section 5 to this Ordinance.
The term "Eligible Investments" shall me~ those investments in which the City is anthoriz~ by
law, including, but not limited to, the Public Funds Investment Act of 1987 (Chapter 2256, Texas
-9-
Government Code), as amended, to purchase, sell and invest its funds and funds under its conlxol; and
provided fuaher that Eligible Investments shall specifically include, with respect to thc investment of
proceeds of any Priority Bonds, guaranteed investment contracts fully collateralized by Government
Obligations.
The term "Engineer of Record" shall mean the independent engineer or firm at the time employed
by the City to perform and cany out the duties imposed on such engineer or faro by this Ordinance and
having a favorable reputation nationally for skill and experience in the engineering of water, sanitary sewer
and/or gas systems of comparable size and character as those forming pans of the System.
The term "Escrow Agent" shall mean JPMorgan Chase Bank, and its successors and assigns.
The term "Escrow Agreement" shall mean the Escrow Agreement between the City and the
Escrow Agent pertaining to the Refunding Bonds.
The term "Government Obligations" shall mean direct obligations of the United States of America,
including obligations the principal of and interest on which are unconditionally guaranteed by the United
States of America.
The term "Fund' shall mean any fund created, established and maintained under the terms of any
ordinance authorizing the issuance of Priority Bonds.
The tcm~ "Gross Revenues" shall mean, all revenues, income, and receipts derived or received by
the City from the operation and ownership offae System, including the interest income from the inveshment
or deposit of money in any Fund created by this Ordinance or maintained by the City in connection with
the System, other than those amounts subject to payment to the United States of America as rebate
pursuant to section 148 of the Code.
The term "Mandatory Redemption Account" shall mean the Account by that name within the Debt
Service Fund and established by an ordinance authorizing the issuance of Priority Bonds. -
The term 'g~/SRB" means the Municipal Securities Rulen~xking Board.
Tlae t~lms "Net Revenues of the System" and "Net Revenues" shall mean all Gross Revenues less
The term 'NRMSIR" means each person whom the SEC or its staff has detemfined to be a
nationally recognized municipal securities information repository within the meaning of the Rule from t/me
to time.
The term 'Operating Expenses" shall mean the expenses of operation and maintenance of the
System, including all salaries, labor, materials, repairs, and extensions necessary to render efficient service,
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provided, however, that only such repairs and extensions, as in the judgment of the City, reasonably and
fairly exercised by the passage of appropriate ordinances, are necessary to render adequate service, or
such as might be necessaW to meet some physical accident or condition which would othenvise impair any
Priority Bonds. Operating Expenses shall include the purchase of water, sewer and gas services as
received from other entities and the expenses related thereto, and, to the extent permitted by law, Operating
Expenses may include payments made on or in ~pect of obtaining and maintaining any Credit Facility.
Depreciation, and payments from the System Fund to other funds established in this Ordinance, shall never
be considered as expenses of operation and maintenance.
The term "Paying Agent/Registrar" shall mean the finandal institution specified in Section 5(a) of
this Ordinance, or its herein permitted successors and assigns.
The term "Pledged Revenues" shall mean
( 1 ) the Net Revenues, plus
(2) any additional revenues, income, receipts, or other resources, including, without
limitation, any grants, donations, or income received or to be received from the United States
Government, or any other public or private source, whether pursuant to an agreement or otherwise,
which hereaRer are pledged to the payment of the Priority Bonds.
The term "PreviouslylssuedPriorityBonds" shall mean the Series 1994 Bonds, the Series 1994-
A Bonds, the Series 1995 Bonds, the Series 1995-A Bonds, the Series 1999 Bonds, the Series 1999-A
Bonds, the Series 2000 Bonds and the Series 2000-A Bonds.
The term 'Priority Bonds" shall mean the Previously Issued Priority Bonds, the Bonds and any
Additional Priority Bonds.
The term 'Prudent Utility Practice" shall mean any of the practices, methods and acts, in the
exercise of reasonable judgment, in the light of the facts, including but not limited to the practices, methods
and acts engaged in or app, uved by a significant portion of the public utility industry prior thereto, known
at the trine the decision was made, would have been expected to accomplish the desired r~mlt at the lowest
reasonable cost consistent with reliability, safety and expedition. It is recognized that Prudent Utility
Practice is not intended to be limited to the optimum practice, method or act at the exclusion of all others,
but rather is a spoclmm of possible practices, methods or acts which could have been expected to
accomplish the desired result at the lowest reasonable cost consistent with reliability, safety and expedition.
In rite case of any facility included in the System which is owned in common with one or more other entities,
~ term "Prudent Utility Practice", as appliedto such facility, shall have the meaning set forth in the
agreement governing the operation of such facility.
The tenn"Purchase Agreement" shall mean the bond purchase agreement between the City and
the Undenvriters pertaining to the purchase of the Bonds by the Underwriters.
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The term "Rating 4gency" shall mean any nationally recognized securities rating ageuey which has
assigned a rating to the Priority Bonds.
TI~ term 'Refunded Bonds" shall mean those Previously Issued Priority Bonds identified in
Schedule I to this Ordinance.
The term 'Required 4mount" shall have the meaning given such term in Section 11 of this
Ordinance.
The term "Reserve Fund" shall have the meaning given such term in Section 11 of this Ordinance.
The term ''Reserve Fund Obligations" shall mean cash, Eligible Investments, any Credit Facility,
or any combination of the foregoing.
The term "Rule" means SEC Rule 15¢2-12, as mended from flame to time.
The term ''SEC' means the United States Securities and Exchange Commission.
The term 'Series A Commercial Paper Notes" shall have the meaning given such team in the
preamble to this Ordinance.
The term ''series 1990 Bonds" shall mean the $64,660,000 City of Corpus Christi, Texas Utility
System Revenue Refunding Bonds, Series 1990, authorized by the ordinance adopted by the City on
November 15, 1990; the term "Series 1994 Bonds" shall mean the $11,140,000 City of Corpus Christi,
Texas Utility System Revenue Bonds, Series 1994, authorized by the ordinance adopted by the City on
April 26, 1994; the term "Series 1994-A Bonds" shah mean the $8,520,000 City of Corpus Christi, Texas
Utility System Revenue Bonds, Series 1994-A, authorized by the ordinance adopted by the City on June
14, 1994; the term ''series 1995 Bonds" shall mean the $14,730,000 City of Corpus Christi, Texas Utility
System Revenue Bonds, Series 1995, authorized by the ordinance adopted by the City on June 20, 1995;
the terra "Series 1995-4 Bonds" shall mean the $27,640,000 City of Corpus Christi, Texas Utility System
Revenue Bonds, Series 1995-A, authorized by the ordinance adopted by the City on July 25, 1995; the
term "Series 1999 Bonds" shall mean the $47,740,000 City of Corpus Christi, Texas Utility System
Revenue Refunding and Improvement Bonds Series 1999, authorized by the ordinance adopted by the City
on May 11, 1999; the term ''series 1999-4 Bonds" shall mean the $15,750,000 City of Corpus Christi,
Texas Utility System Revenue Refunding and Improvement Bonds Series 1999-A, authorized by the
ordinance adopted by the City on April 20, 1999; the term "Series 2000 Bonds" shall me~ the
$34,740,000 City of Corpus Christi, Texas Utility System Revenue Refunding Bonds, Series 2000,
authorized by the ordinance adopted by the City on May 11, 1999; and the term "Series 2000-A Bonds"
shall mean the $42,520,000 City of Corpus Christi, Texas Utility System Revenue Refimding Bonds, Series
2000-A, anthofized by the ordinance adopted by the City on September 19, 2000.
The term "Series 2002 Bonds" shall mean the City of Co~pns Christi, Texas Utility System Revenue
Refunding and Improvement Bonds, Series 2002, authorized by this Ordinance.
The term "SID" means any person designated by the State of Texas or an authorized department,
officer, or agency thereof as, and determined by the SEC or its staff to be, a state information depository
within the rneaning of the Rule from time to time.
The term 'l~ubordinated Obligations" shall mean any bonds, notes, or other obligations issued
pursuant to law payable in whole or in paxt from the Pledged Revenues and subordinate to the Priority
Bonds.
'l'he term 'System" shall mean and include the City's existing combined waterworks system,
wastewater disposal system and gas system, together with all future extensions, improvements,
enlargements, and additions thereto, including, to the extent permitted by law, storm sewer and drainage
within the waterworks system, and all replacements thereof; provided that, notwithstanding the foregoing,
and to the extent now or h~atter authorized or permitted by law, the term System shall not include any
waterworks, wastewater or gas facilities which are declared by the City not to be a pa~ of the System and
which are hereafter acquired or constructed by the City with the proceeds from the issuance of "Special
Facilities Bonds", which are hereby defined as being special revenue obligations of the City which are not
secured by or payable from the Pledged Revenues, but which are secured by and payable solely fi'om
special conWact revenues, or payments received from the City or any other legal entity, or any combination
thereof, in connection with such facilities; and such revenues or payments shall not be considered as or
constitute Gross Revenues of the System, unless and to the extent othenvise provided in the ordinance or
ordinances authorizing the issuance of such "Special Facilities Bonds".
The term ':gystem Fund" shall have the meaning given such term in Section 9 of this Ordinance.
The term 'Term Bonds" shall mean those Bonds, if any, so designated in the Purehase Agreement
and those Additional Priority Bonds designated by the ordinance authorizing the issuance thereof which
shall be subject to retirement of the Mandatory Redemption Account
The term" Underwriters" shall mean the investment banking firm or syndicate of investment banking
firms which contract to purchase the Bonds in accordance with the terms and conditions of the Purchase
Agreement.
The term "Value of Investment Securities" and words of like im~t shall mean the amoffized
value thereof, provided'however, that all United States of America, United States Treasury Obligations--
State and Local Government Series shall be valued at par and those obligations which are redeemable at
the option of the holder shall be valued at the price at which such obligations are then redeemable. The
computations made under this paragraph shall include accrued interest on the investment securities paid as
a part of the purchase price thereof and not collected. For the proposes of this definition "amoaized value",
when used with respect to a security purchased at par means the purchase price of such security.
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The term "Year" shall mean the regular fiscal year used by the City in connection with the operation
of the System, which may be any twelve consecutive months period established by the City.
Section 8. PLEDGE. (a) That the Priority Bonds are and shall be secured by and payable from
a flint lien on and pledge of the Pledged Revenues including such revenues within the System Fund and the
Funds hereinafter created in this Ordinance; and the Pledged Revenues are further pledged to the establish-
ment and maintenance of the Debt Service Fund and the Reserve Fund as hereinafter provided. The
Priority Bonds are and will be secured by and payable only from the Pledged Revenues, and are not
secured by or payable from a mortgage or deed of tn~t on any properties, whether real, personal, or
(b) Chapter 1208, Texas Govemment Code, applies to the issuance ofthe Bonds and the pledge
of the Pledged Revenues granted by the City under subsection (a) of this Section, and such pledge is
therefore valid, effective, and perfected. If Texas law is amended at any time while the Bonds are
outstanding and unpaid such [hat the pledge of the Pledged Revenues granted by the Cityis to be subject
to the filing requirements of Chapter 9, Texas Business & Commerce Code, then in order to preserve to
abe registered owners of the Bonds the perfection of the security interest in said pledge, the City agrees to
take such measures as it determines are reasonable and necessary under Texas law to comply with the
applicable provisions of Chapter 9, Texas Business & Commerce Code and enable a filing to perfect the
security interest in said pledge to occur.
Section 9. SYSTEM FUND. That there has heretofore been created and established and there
shall be maintained on rite books oftbe City, and accounted for separate and apart from all other funds of
the City, a special fund entitled the "City of Corpus Christi Utility System Fund" (the "System Fund"). All
Gross Revenues shall be credited to the System Fund immediately upon receipt. All Operating Expenses
shall be paid from such Gross Revenues credited to the System Fund as a first charge against same.
Section 10. DEBT SERVICE FUND. (a) That for the sole purpose of paying the principal
amount of, premium, if any, Panonization Insmllme~, if any, and interest on all Priority Bonds, there has
heretofore been created and established and there shall be maintained on the books of the City a separate
fund entitled the "City of Corpus Cluisti Utility System Revenue Bends Debt Service Fund" (bereimfter
called the "Debt Service Fund"). Monies in the Debt Service Fund shall be deposited and maintained in
an official depository bank of the City.
0o) That within the Debt Service Fund there may hereafter be established a Capitalized Interest
Account The proceeds of Priority Bonds representing capitalized interest may be deposited into the
Capitalized Interest Account On or before the day next preceding any interest payment date of bends or
other obligations for which any interest has been capitalized, the City shall use the monies in the Capitalized
Interest Account to pay such interest on such bonds or other obligations to the extent of the amounts therein
representing such capitalized interest
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(c) That within the Debt Service Fund there has heretofore been established the Mandatory
Redemption Account. Amortization Installments shall be deposi~l to the credit of the Mandatory
Redemption Account and be used to retire the principal amount of Term Bonds in the manner described
in any ordinance a~uthofizing the issuance of T~tm Bonds.
Section 11. RESERVE FUND. (a) That there has heretofore been created and established and
there shall be maintained on the books of the City a separate fund entitled the "City of Corpus Christi Utility
System Revenue Bonds Reserve Fund" (hereinaflex called the "Reserve Fund"). There shall be deposited
into the Reserve Fund any Reserve Fund Obligations so designated by the City. Reserve Fund Obligations
in the Reserve Fund shall be deposited and maintained in an official depository bank of the City. Reserve
Fund Obligations in the Reserve Fund shall be used solely for the propose of retiring the last of any Priority
Bonds as they become due or paying principal of and interest on any Priority Bonds when and to the extent
the amounts in the Debt Service Fund are insufficient for such propose. The Reserve Fund shall be
maintained in an amount equal to the Average Annual Principal and Interest Requirements of the
outstanding Priority Bonds (the "Required Amount"). The City may, at its option, withdraw and transfer
to the System Fund, all surplus in the Reserve Fund over the Required Amount.
(b) The City may replace or substitute a Credit Facility for cash or Eligible Investments on deposit
in the Reserve Fund or in substitution for or replacement of any existing Credit Facility. Upon such
replmt or substitution, cash or Eligible Investments on deposit in the Reserve Fund which, taken
together with the face amount of any existing Credit Facilities, axe in excess ofthe Required Amount may
be withdrawn by the City, at its option, and transferred to the System Fund; provided that the face amount
of any Credit Facility may be reduced at the option of the City in lieu of such transfer.
(c) If the City is required to make a withdrawal from the Reserve Fund for any of the purposes
described in this Section, the City shall promptly notify any applicable Credit Facility Provider of the
necessity for a withdrawal from the Reserve Fund for any such purposes, and shall make such withdrawal
FIRST from avail' able moneys or Eligible Investments then on deposit in the Reserve Fund, and NEXT from
a da,awing under any Credit Facility to the extent of such deficiency.
(d) In the event of a deficiency in the Reserve Fund, or in the event that on the date of termination
or expiration of any Credit Facility there is not on deposit in the Reserve Fund sufficient Reserve Fund
Obligations, all in an aggregate amount at least equal to the Required Amount, then the City shall satisfy the
Required Amount by depositing Reserve Fund Obligations into the Reserve Fund in monthly installments
of not less than 1/60 of the Required Amount made on or before the 10th day of each month following such
termination or expiration.
(e) In the event of the redemption or defeasance of any Priority Bonds, any Reserve Fund
Obligations on deposit in the Reserve Fund in excess of the Required Amount may be withdrawn and
transfened, at the option of the City, to the System Fund, as a result of (i) the redemption of any Priority
Bonds, or (ii) funds for the payment of any Priority Bonds having been deposited irrevocably with the
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paying agent or p~ace of payment therefor in the manner desc~ib~ in any ordinance an&orizing the i~uanc¢
of Priority Bonds, the result of such deposit being that such ~riority Bonds no longer are d~med to be
out~ndi~ onder the tern~ of any such ordinance.
(1) In the event there is a draw upon the Credit Facility, the City shall reimburse the Credit Facility
Provider for such draw, in accordance with the terms of any agreement pursuant to which the Credit
Facility is issued, from Pledged Revenues, however, such reimbursement from Pledged Revenues shall be
suhordinate and junior in fight of payment to the payment of principal of and premium, if any, and interest
on the Priority Bonds.
(g) Upon the issuance of Additional Priority Bonds the monies in thc Re,serve Fond shall be
increased to the newly-established Required Amount in accordance with the provisions of Section 200o)
of this Ordinance.
Section 12. SUBORDINATED OBLIGATIONS FUNDSAND ACCOUNTS. ThattheCity
here~er may create, establish and maintain on the books of the City separate funds and accoonts from
which moneys can be withdrawn to pay the principal of and interest on Subordinated Obligations which
hereafter may be issued.
Section 13. CONSTRUCTION FUND. That the City hereby creates and establishes and shall
maintain on the books of the City a separate fund to be entitled the "Series 2002 Utility System Revenue
Bonds Construction Fond" (the "Construction Fond'~ for use by the City for payment of all lawful costs
associated with the acquisition, improvement and extension ofthe System as hereinbefore provided. There
shall be deposited to the Construction Fund those proceeds fxom the sale of the Bonds specified in the
letter of instructions described in Sea/on 29 of this Ordinance. Upon payment of all such costs, any
monL'~ tvnatinilIg On deposit ill said Fund shall be transferred FIRST to the "Rebate Fond" established
pursuant to Section 23 of this Ordinance, to the extent the City is liable to pay rebate amoonts to the United
States of America pursuant to the terms ofthe Code and NEXT to the Debt Service Fond. Amounts so
deposited to the Debt Service Fund shall be used in the manner described in Section 22(p) of this
Section 14. INVESTMENTS. That money in any Fund established pursuant to this Ordinance
may, at the option of the City, be placed or invested in Eligible Investments. Money in the Reserve Fund
shall not be invested in securities with an average aggregate weighted maturity of greater than seven years.
If monies in a Fund herein established are permitted to be invested the value of any such Fund shall be
established by adding the monies therein to the Value of Invesunent Securities. The value of each such
Fund shall be established annually during the last month of each Year and in addition thereto, with respect
to the Reserve Fond, value shall be established within thirty days prior to the issuance of Priority Bonds and
at the time or times withdrawals are made therefrom. Such investments shall be sold promptly when
necessary to prevent any default in connection with the Priority Bonds. Earnings derived from the
investmem of moneys on deposit in the various Funds and Accounts created hereunder shall be credited
to the Fond or Account fi'om which moneys used to acquire such inveslment shall have come.
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Section 15. FUNDS SECURED. That monies in the System Fund and all Funds created by this
Ordinance, to the extent not invested, shall be secured in thc manner prescribed by law for securing funds
of the City.
Section 16. FLOW OF FUNDS. That all monies in the System Fund not required for paying
Operating Expenses during each month shall be applied by the City, on or before the 10th day of the
following month, commencing during the mon~ and in the order of priority with respect to the Fonds and
Aecounts that such applications are hereinafter set forth in tiffs Section.
(a) Debt Service Fund - To the credit of the Debt Service Fund, in the following order of
priority, to-wit:
(1) such amounts, deposited in approximately equal monthly installments, commencing
during the month in which the Priority Bonds are delivered, or the month thereafter if delivery is
made atter fi~e 10th day thereof, as will be sufficient, togelher with other amounts, if any, in the
Debt Service Fund available for such purpose (including specifically moneys on deposit in the
Capitalized Intexest Account dedicated thereto), to pay the interest scheduled to come due on
Priority Bonds on the next succeeding interest payment date;
(2) such amounts, deposited in approximately equal monthly installments, commencing
during the month which shall be the later to occur of, (i) the twelfth month before the first maturity
date of Priority Bonds, or (ii) the month in which Priority Bonds are delivered, or the month
thereafter if delivery is made after the 10th day then:of, as will be sufficient, together with other
amounts, ffany, in the Debt Service Fund available for such purpose, to pay the principal scheduled
to marine on Priority Bonds on the next succeeding principal payment date; and
(3) Amoaization Installments, in such amounts and on such dates as set forth in any
ordinance authorizing a series of Priority Bonds which contain Term Bonds within such Series, to
pay scheduled principal mounts of Priority Bonds which constitute Term Bonds to be redeemed
in accordance with the terms of said ordinance.
~o) Reserve Fund. To the credit of the Reserve Fund, such mounts, deposited in approximately
equal monthly installments, commencing during the month in which the Priority Bonds are delivered, or the
month th~.afler if delivery is made after the 10th day thea~eof, equal to not less than 1/60 of the Required
Amount, until such time as such amounts together with other amounts, if any, in the Reserve Fund, equal
the Required Amount When and so long as the Reserve Fund Obligations in the Reserve Fund are not
less than the Required Amount, no deposits need be made to the credit of the Reserve Fund. When and
ifthe Reserve Fund at any time contains less than the Required Amount due to any cause or condition other
than the issuance of Additional Priority Bonds then, subject and subordinate to making the required
deposits to the credit of the Debt Service Fund, commencing with the month during which such deficiency
occurs, such deficiency shall be made up from the next available Pledged Revenues or flora any other
sources available for such purpose. Reimbursements to a Credit Facility Provider made in accordance with
the terms of Section 11 (f) of this Ordinance shall constitute the making up of a deficiency to the extent that
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such reimbursements result in the reinstatement, in whole or in part, as the case may be, of the amount of
the Credit Facility. If the Reseawe Fund contains less than the Requinxl Amount due to the issuance of
Additional Priority Bonds deposits shall be made to the Reserve Fund commencing during the month and
in the amounts required by Section 20(b) of this Ordinance, unless a Credit Facility is deposited in the
Reserve Fund in an amount necessary to cause the sum of money and the value of Investment Securities
and any other Cnxlit Facilities in the Reserve Fund to equal the Requi~l Amount.
(c) Surplus. The balance of any monies xtauaining in the System Fund following such transfers
may be used by the City for payment of other obligations of the System, including, but not limited to,
Subordinated Obligations, and for any other lawful ~; provided that transfers made for proposes
other than for payment of obligations of the System shall be made only at the end of the Yeax.
Section 17. DEFICIENCIES. That if on any occasion there ~hall not be sufficient Pledged
Revenues to make the deposits and other applications of monies required by Section 16 with respect to
the various Funds as provided therein, any such deficiencies shall be made up (in the order that each such
Fund is provided for in Section 16) as soon as possible from the next available Pledged Revenues, or from
any other sources available for such purpose. The foregoing notwithstanding, however, if any deficiency
in thc Reserve Fund occurs as a result of withdrawals therefrom or decreases in the market value of Eligible
Investments on deposit therein, such deficiency will be made up from the next available Pledged Revenues
within twelve months from the date of such deficiency is determined, with such deposits to the Reserve
Fund to be made in not more iban twelve substantially equal monthly payments.
Section 18. PAYMENT OF BONDS. That on or before the first scheduled interest payment
date, and on or before each interest payment date and principal payment date thereaiter while any of the
Priority Bonds are outstanding and unpaid, the City shall make available to the payin4~ agent therefor, out
ofthe Debt Sewice Fund (and the other Funds, ifnecessmy, in the order of priority set forth herein) monies
sufficient to pay such interest on and such principal amount of the Priority Bonds, as shall become due and
mature on such dates, respectively, at maturity or by redemption prior to maturity. The bond registrar for
each series of]Priority Bonds shall destroy all paid Priority Bonds and furnish the City with an appropriate
ce~iflcate of cancellation or destruction.
Section 19. FINAL DEPOSITS; GOVERNMENT OBLIGATIONS. (a) That any Priority
Bond shall be deemed to be paid, retired and no longer outstanding within the meaning ofthis Ordinance
when payment of the principal amount of, redemption premium, if any, on such Priority Bond, plus interest
thereon to the due date thereof (whether such due date be by reason of maturity, upon redemption, or
otherwise) either (i) shall have been made in accordance with the terms thereof or (ii) shall have been
provided for by irrevocably depositing with, or making available to, a paying agent (or escrow agent)
therefor, in trust and irrevocably set aside exclusively for such payment, in accordance with the terms and
conditions of an agreement between the City and said paying agent (or escrow agent), ( 1 ) money sufficient
to make such payment or (2) Government Obligations, cet'dtied by an independent public accounting firm
of nalional reputatioth to mature as to principal and interest in such amounts and at such times as will insure
the availability, without reinvestment, of sufficient money to make such payment, and all necessary and
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proper fees, compensation, and ex~n~ of such paying agent p~ainlng to the Priority Bonds with respect
to which such deposit is made shall have been paid orthe payment thereof provided for (and irrevocable
iastmcfions shall have been given by the City to such paying agent of such bonds to give notice of such
redemption in the manner required by the ordinance or ordinances authorizing the ismance of such bonds)
to the satisfaction of such paying agent. Such paying agent shall give notice to each registered owner of
any Priority Bond that such deposit as described above has been made, in the same manner as described
in Section 3 of this Ordinance. In addition, in connection with a defeasance, such paying agent shall give
notice of redemption, ffnecessaty, to the registered owners of any Priority Bonds in the mauner described
in such Priority Bonds and as directed in the redemption instructions delivered by the City to such paying
agent. At such lime as a Priority Bond shall be deemed to be paid hereunder, as aforesaid, it shall no
longer be secured by or entitled to the benefit of this Ordinance or a lien on and pledge of the Pledged
Revenues, and shall be entitled to payment solely from such money or Government Obligations.
(b) That any moneys so deposited with a paying agent (or escrow agent) may, at the direction of
the City, also be invested in Govo'rffnent Obligations, maturing in the amounts and times as hereinbefore
set fora, and all income from all Govemment Obligations in the hands of the paying agent pta~suant to this
Section which is not requinxt for the payment of the Priority Bonds, the redemption premium, if any, and
interest thereon, with respect to which such money has been so deposited, shall be remitted to the City for
deposit into the System Fund.
(c) Except as provided in clause (b) of this Section, all money or Government Obligations set aside
and held in tm.st pursuant to the provisions of this Section for the payment of Priority Bonds, the redemption
premimn, if any, and interest thereon, shall be applied solely to and used solely for the payment of such
Priority Bonds, the redemption premium, if any, and interest thereor~
Section 20. ISSUANCE OF ADDITIONAL PRIORITY BONDS. (a) That subject to the
provisions hereinafter appearing as conditions precedent which must first be satisfied, the City reserves the
right to issue, from time to time as needed, Additional Priority Bonds for any lawful purpose relating to the
System. Such Additional Priority Bonds may be issued in such form and manner as now or bereatter
authorized by the laws of the State of Texas for the issuance of evidences of indebtedness or other
insmanents, and should new methods or financing techniques be developed that differ from those now
available and in normal use, the City reserves the fight to employ the same in its financing arrangements
provided only that the same conditions precedent herein required for the authorization and issuance of
Additional Priority Bonds are satisfied.
(b) That the Debt Service Fund and the Reserve Fund established by this ordinance.shall secure
and be used to pay all Additional Priority Bonds hereatter issued. Upon the issuance arid delivery of
Additional Priority Bonds, the additional amount required to be deposited in the Reserve Fund shall be so
accumulated by the deposit in the Reserve Fund of all or any part of said required additional amount in cash
immediately after the delivery of such Additional Priority Bonds, or, at the option of the City, (i) by the
deposit of said required additional amount (or any balance of said required additional amount not deposited
in cash as permitted above) in approximately equal monthly installments, made on or before the 10th day
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of each month following the delivery of such Addi6onal Priority Bonds, of not less than 1/60 of said
required additional amount (or 1/60 of the balance of said required additional amount not deposited in cash
as permitted above) or (ii) by the deposit of a Credit Facility which, in whole or in combination with
deposits described in clause (i) above, is sufficient to satisfy the required additional amount to be on deposit
in the Reserve Fund.
(c) That all calculations of Average Annual Principal and Interest Requirements made pursuant to
this Section shall be made as of and from the date of the Additional Priority Bonds then proposed to be
issued.
Section21. FURTI~IER REQUIREMENTS FOR ADDITIONAL PRIORITY BONDS.
(a) Conditions precedent for lssuance of Additional Priority Bonds- General. Thatas acondition
precedent to the issuance of any Additional Priority Bonds, the City Manager (or other officer of the City
then having the restxa~bili~ for the financial affairs of the City) shall have executed a certificate stating (i)
that the City is not then in default as to any covenant, obligation or agreement contained in any ordinance
or other proceeding relating to any obligations of the City payable from and secured by a lien on and pledge
of the Pledged Revenues, and (ii) that the amounts on deposit in all Funds or Accounts created and
established for the payment and security of all outstanding obligations payable from and secured by a lien
on and pledge of the Pledged Revenues are the amounts then required to be deposited therein. Such ceCd f-
icate shall be dated on or before the date of delivery of such Additional Priority. Bonds, but such cerfficate
shall not be dated prior to the date an ordinance is passed authorizing the issuance of such Additional
Priority Bonds.
(b) Conditions Precedent for Issuance of .4dditional Priority Bonds - Capital
Improvements and for any other lawful purpose except for Capital Additions or for refunding.
The City covenants and agrees that Additional Priority Bonds will not be issued for the purpose of financing
Cap ital Improvements, or for any other lawful purpose (except for Capital Additions or for refunding, which
are to be issued in accordance with the provisions of clauses (c), (d) or (e) of this Section) unless and until
the conditions precedent in clause (a) above have been satisfied and, in addition thereto, the City has
secured a certificate or opinion of the Accountant to the effect that, according to the books and records
of the City, the Net Earnings (hereinafter defined) for the preceding Year or for 12 consecutive months out
of the 15 months immediately preceding the month the ordinance authorizing the Additional Priority Bonds
is adopted are at least equal to 1.25 times the Average Annual Principal and Interest Requirements for all
outstanding Priority Bonds after giving effect to the Additional Priority Bonds then proposed.
The foregoing notwithstanding, the City covenants and agrees that Additional Priority Bonds may
not be issued for the purpose of financing Capital Improvements when other outstanding Priority .Bonds
which have been issued for ~ purpose of financing Capital Additions and for which capitali?ed interest
for such other Priority Bonds has been provided for at least the twelve months subsequent to the date of
issuance of the Additional Priority Bonds then proposed to be issued, unless the conditions precedent in
clause (a) above have been satisfied and, in addition thereto, the City has either (1) complied with the
relevant conditions in this clause as set forth above, or (2) if the relevmat conditions of this clause (b) as set
-20-
foah above cannot be satisfied, the City has satisfied the conditions precedent in clauses (c)(i) and (c)(ii)
of this Section (but, for proposes of such clauses, the term Capital Improvements shall be substituted for
the term Capital Additions where the term Capital Additions appears therein to the extent necessax7 to give
xecognition to the fact ttmt Capital Improvements, rathex than Capital Additions, are then to be financed)
and has secured a ceaificate or opinion of the Accountant to the effect that, according to the books and
records of the City, the Net Earnings for the preceding Year or for 12 consecutive months out of the 15
months immediately preceding the month the ordinance autho 'r~ng the Additional Priority Bonds is adopted
are at least equal to 1.25 times the Average Annual Principal and Interest Requirements for all outstanding
Priority Bonds (other than any Priority Bonds issued for Capital Additions for which capitalized interest has
been provided for at least the twelve months subsequent to the date of issuance ofthe Additional Priority
Bonds proposed to be issued) aflex giving effect to the Priority Bonds then proposed.
(c) Conditions Precedent for Issuance of Additional Priority Bonds - Capital ~4dditions:
Initial Issue. The City covenants and agrees that Additional Priority Bonds will not be issued for the
purpose of financing Capital Additions, unless the same conditions precedent specified in clause (a) above
have been satisfied and, in addition thereto, either the relevant conditions precedent specified in clause (b)
above are satisfied or, in the alternative, the City shall have obtained:
(0 from the Engineer of Record a comprehensive Engineering Report for each Capital
Addition to be financed, which report shall (A) contain (1) detailed estimates of the cost of
acquirm' ~ and constructing the Capital Addition, (2) the estimated date the acquisition and
constmedon of the Capital Addition will be completed and commercially operative, and (3) a
detailed analysis of the impact of the Capital Addition on the financial operations of the system for
which the Capital Addition is to be integrated and to the System as a whole dtuing the construction
thereof and for at least five Years after the date the Capital Addition becomes commercially
operative, and (B) conclude that (1) the Capital Addition is necessary and will substantially increase
the capacity, or is needed to replace existing facilities, to meet current and projected demands for
the service or product to be provided thereby, and (2) the estimated cost of providing the service
or product fi-om the Capital Addition will be reasonable in comparison with projected costs for
furnishing such service or product from other reasonably available sources; and
(ii) a certificate of the Engineer of Record to the effect that, based on the Engineering
Report prepared for each Capital Addition, the projected Net Earnings for each of the five years
subsequent to the date the Capital Additionbecomes commercially operative (as esthnated in the
Engineering Report) will be equal to at least 1.25 times ~e Average Annual Principal and Interest
Requirements for Priority Bonds then outstanding or incamed and all Priority Bonds estimated to
be issued, if any, for all Capital Imlxovements and for all Capital Additions then in progress or then
being initiated, during the period from the date the first series of obligations for the Capital
Additions is to be delivered through the fifth year subsequent to the date the Capital Addition is
estimated to become commercially operative.
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(d) Completion Issues. Once a Capital Addition has been initiated by raee~g the cond~ons
precedent specified in clauses (c)(i) and (c)(ii) above and the initial Priority Bonds issued therefor are
delive~xl, the City reserves the right to issue Additional Priority Bonds to finance the xvmainm' g costs of
such Capital Addition in such amounts as may be necessary to complete the acquisition and construction
thereof and make the same commercially operative without sa~faction of any condition lnexe~t under
clauses (cXi) and (cXii) or clause (b) of this Section but subject to satisfaction of the following conditions
precedent:
(i) thc City makes a forecast (the "Forecast'9 of the operations of thc System demonstrating
the System's ability to payall obligations, payable from the Pledged Revenues of the System to be
outstanding after the issuance ofthe Additional Priority Bonds then being issued for the period (the
"Forecast Period") of each ensuing year through the fifth year subsequem to the latest estimated
date such Capital Addition is expected to be comu~n'cially operative; and
(ii) flae Engineer of Record reviews such Forecast and executes a certificate to the effect
that (A) such Forecast is reasonable, and based thereon (and such other factors deemed to be
relevant), the Pledged Revenues of the System will be adequate to pay all the obligations, payable
from the Pledged Revenues of the System to be outstanding after the issuance of the Additional
Priority Bonds then being issued for the Forecast Period and (B) the proceeds from the sale of
such Additional Priority Bonds are estimated to be sufficient to complete such acquisition and
construction.
(e) Refunding Issues. The City reserves the right to issue refunding bonds to refund all or any
part of the outstanding Priority Bonds (pursuant to any law then available), upon such terms and conditions
as the governing body of the City may deem to be in the best interest of the City and its inhabitants, and
if less than all such outstanding Priority Bonds are refunded, the conditions precedent prescribed in clauses
(a) and (b) of this Section shall be satisfied and the Accountant's cextificate or opinionrequired by clause
(b) shall give effect to the issuance of the proposed refunding bonds (and shall not give effect to the Priority
Bonds being refunded following their cancellation or provision being made for their payment). In addition,
the City reserves the fight to refund all or any prat of any other obligations of the Systean, upon such terms
and conditions as the governing body of the City may deem to be in the best interest of the City and its
inhabitants, provided that the conditions prescnlxxl in clauses (a) and (b) of this Section shall be satisfied.
No Accountant's certificate otherwise required by clause Co) will be required for refunding bonds, after
giving effect to such proposed refunding, if there is no increase in debt service for any Year in which there
will be debt service on Priority Bonds outstanding both before and after such refunding.
(0 Computations; Reports. With reference to Priority Bonds anticipated and estimated to be
issued or incurred, the Average Annual Principal and Interest RequLmmonts therefor shall be those
reasonably estimated and computed by the City's Director of Finance (or other officer of the City then
having the primary responsibility for the financial affairs of the City). In the prepatmion of the Engineering
Report required in clause (cXi) above, the Engineer of Record may rely on other expem or professionals,
including those in the employment of the City, provided such Engineering Report discloses the extent of
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such reliance and concludes it is reasonable so to rely. In connection with the issuance of hiority Bonds
for Capital Additions, the ceffificate of the City's Director of Finance and Engineer of Record, together with
the Engineering Report for the initial issue and the Forecast for a subsequent issue, shall be conclusive
evidence and the only evidence required to show compliance with the provisions and requirements and this
clause of this Section.
(g) Combination Issues. Priority Bonds for Capital Additions may be combined in a single issue
withPriority Bonds for Capital Improvements or for any lawfifl purpose provided the conditions precedent
set forth in clauses (b) through (¢) are complied with as the same relate to the appropriate pmlaose.
(h) Subordinated Obligations. The City may, at any time and from time to time, for any lawful
purpose, issue Subordinated Obligations, the principal of and redemption premium, if any, and interest on
which is payable from and secured by a pledge of and lien on the Pledged Revenues junior and subordinate
to the lien and pledge created hereby for the security of the Priority Bonds and the pa)anents requked to
be made hereunder into the Debt Service Fund and the Reserve Fund; provided, however, that any such
pledge and lien securing the Subordinated Obligations shall be, and shall be expressed to be, subordinate
in all respects to the pledge of and lien on the Pledged Revenues as security for the Priority Bonds; and
provided further that any default with respect to the issuance of Subordinated Obligations will not be
deemed a default with respect to the Priority Bonds.
(i) Definition of Net Earnings. As used in tl~ Section, the term '2qet Eanfmgs" shall mean the
Gross Revenues of the System after deducting the Operating Expenses of the System, but not expenditures
which, under standard accounting pmetice, should be charged to capital expenditures.
O) Determination of Net Earnings. InmakingadetenninafionofNetEamingsforanyofthe
proposes described in this Section, the Accountant may take into consideration a change in the rates and
charges for services and facilities afforded by the System that became effective at least 60 days prior to
the last day of the period for which Net Earnings are determined and, for purposes of satisfifing any of the
Net Earnings test described above, make a pro forma determination of the Net Earnings &the System for
the period of time covered by the Accountant's certification or opinion based on such change in rotes and
charges being in effect for the errdre period covered by the Accountant's certificate or opinion.
Section 22. GENERAL COVENANTS. That the City further covenants and agrees that in
accordance with and to the extent required or permitted by law:
(a) Performance. It will faithfixlly perfonn at all times any and all covenants, nndertakings,
stipulations, and provisions contained in this Ordinance, and each ordinance authorizing the issuance of
Additional Priority Bonds; it will promptly pay or cause to be paid the principal amount of and interest on
every Priority Bond, on the dates and in the places and manner prescribed in such ordinances and such
Priority Bonds; and it will, at the time and in the manner prescribed, deposit or cause to be deposited the
amounts required to be deposited into the System Fund and the Funds herein created; and any registered
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owner of any Priority Bond may mqulm tbe City, its officials and employecs to carry out, resp~t or enforce
the covenants and obligations of this Ordinance, or any ordinance authorizing the issuance of Priority
Bonds, by all legal and equitable means, including specifically, but without limitation, the use and filing of
mandamus proceed~s, in any cou~ of competent jufi~'crion, against the City, its officials and employees.
Co) City's Legal Authority. ItisadulyereatedandexisfinghomerulecityoftheStateofTexas,
and is duly authorized under the laws of the State of Texas to issue the Bonds; that all action on its part for
abe issuance of the Bonds has been duly and effectively taken, and that the Bonds in the hands of the
owners thereof are and will be valid and enforceable special obligations of the City in accordance with their
(c) Acquisition and Construction; Operation and Maintenance. (1) It shall use its best
effo~s in accordance with Prudent Utility Practice to acquire and construct, or cause to be acquired and
constructed, any Capital Additions or Capital Improvements, in accordance with the plans and
specificariom therefor, as modified from time to time with due diligence and in a sound and economical
manne~, and (2) it shall at all times use its best effom to operate or cause to be operated the System
properly and in an efficient manner, consistent with Prudent U~lity Practice, and shall use ~ best efforts
to maintain, prese~e, recons~ct and keep the same or cause the same to be so maintained, preserved,
reconstructed and kept, with the appurtenances and every pm and parcel thereof, in good repair, working
order and condirion, and shall from time to time make, or use its best efforts to cause to be made, all
necessary and proper repairs, replacement and renewals so that at all times the operation of the System
may be properly and advantageously conducted.
(d) Title. It has or will obtain lawful rifle, whether such title is in fee or lesser inteaest, to the lands,
buildings, stmctmes and facilities constituting the System, that it wanants flint it will defend the rifle to all
the aforesaid lands, buildings, structures and facilities, and every pa~t thereof, for the benefit oftbe owners
ofthe Priority Bonds, against the claims and demxnds of all pe~ons whomsoever, that it is lawfully qualified
to pledge the Pledged Revenues to the payment of the Priority Bonds in the manner prescribed herein, and
has lawfully exercised such figlas.
(e) Liens. It will from time to time and before the same become delinquent pay and discb~arge all
taxes, assessments and governmental charges, if any, which shall be lawfitlly imposed upon it, or the
System; it will pay all lawful claims for rents, royalties, labor, materials and supplies which if unpaid might
by law become a lien or charge thereon, the lien of which would be prior to or interfeae with the liens
hereof, so that the priority of the liens granted heretmder shall be fully preserved in the mannea: provided
herein, and it will not c~ate or suffer to be created any mechanic's, laborers, materialman's or other lien
or charge which might or could be prior to the liens hereof, or do or suffer any matter or firing wbereby the
liens hereof might or could be impaired; provided however, that no such tax, assessment or charge, and
that no such claims which might be used as the basis of a mechanic's, labor~s, materialman's or other lien
or charge, shall be required to be paid so long as the validity of the same shall be contested in good faith
by the City.
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(f) No Free Service. No free service or service otherwise than in accordance with thc established
rate schedule shall be furnished, directly or indirectly, by the System to any person, firm, coqx}ration or
other entity, other than the City. No part of the salary of any official or employee of the City or his
replacement shall be paid fi'om Pledged Revenues unless and only to the extent the duties and performances
of such official or employee or his avplacement appertain directly to the System. To the extent the City
receives the services of the System, such services shall be accounted for according to the established rate
schedule.
(g) Further Encumbrance. It will not additionally encranber the Pledged Revenues in any
manner, except as pemaitted in this Ordinance in connection with Priority Bonds, unless said encumbrance
is made junior and subordinate in all respects to the liens, pledges, covenants and agreements of this
Ordinance; but the fight of the City to issue Subordinated Obligations payable in whole or in part fi-om a
subordinate lien on the Pledged Revenues is specifically recognized and retained.
Oa) Sale, Lease or Disposal of Property. No part of the System shall be sold, leased,
mortgaged, demolished, removed or otherwise disposed of, except as follows:
(1) To the extent pemaitted by law, the City may sell or exchange at any time and from
time to time any property or facilities constituting part of the System only if (A) it shall determine
such property or facilities are not useful in the operation of the System, or 03) the proceeds of such
sale are $250,000 or less, or it shall have received a certificate executed by the Engineer of Record
and the City Manager staling, in their opinion, that the fair market value of the property or facilities
exchanged is $250,000 or less, or (C) if such proceeds or fair market value exceeds $250,000 it
shall have received a cexfiflcate executed by the E~gineer of Record and the City Manager stating
(i) that system within the System of which the propelXy or facilities comprises a part thereof and
(il') in their opinion, that the sale or exchange of such property or facilities will not impair the ability
of the City to comply during the current or any ftmn~ Year with the provisions of clause (k) of this
Section. The proceeds of any such sale or exchange not used to acquire other property necessary
or desirable for the safe or efficient operation of the System shall forthwith, at the option of the City
(7 be used to redeem or purchase Priority Bonds, or (ii) other~vise be used to pwvide for the
payment of Priority Bonds. The foregoing notwithstanding, if such propaty or facilities sold or
exchanged constituted property or facilities comprising all or a part ora system within the System,
the acquisition, improvement or extension of such system having not been financed by the City in
any manner with the proceeds of Priority Bonds, or with ;he proceeds of obligations which were
refunded in whole or in part with the proceeds of Priority Bonds, then the City may utilize the
proceeds of such sale or exchange for any lawfld purpose;
(2) To the extent permitted by law, the City may lease or make contracts or grant licenses
for the operation of, or make arrangements for the use of, or grant msements or other rights with
respect to, any part of the System, pwvided that any such lease, contract, license, arrangement,
easement or right (A) does not impede the operation by the City ofthe System and (B) does not
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in any manner impair or adversely affect the fights or security of the owners of the Priority Bonds
under this Ordinance; and provided, fu~her, that if the depreciated cost of the property to be
covered by any such lease, conla'aet, licen~, arrangement, easement or other fight is in excess of
$500,000, the City shall have received a ceaificate executed by the Engineer of Record and the
City Manager that the action of the City with reject thereto does not result in a breach of the
conditions under this claose (2). Any payments received by the City under or in connection with
any such lease, contract, license, arrangement, easement or right in respect of the System or any
part thereof shall constitute Gross Revenues.
(~ Books, Records andAccounts. It shall keep proper books, records and accounts separate
and apa~ from all other records and accounts, in which complete and correct enlries shall be made of all
transactions relating to the System and the City shall cause said books and accounts to be audited annually
as of the close of each Year by the Accountant.
O) Insurance.. (1) Except as othenvise permitted in clause (2) below, it shall cause to be insured
such paxts of the System as would usually be insured by corporations operating like properties, with a
responsible insurance company or companies, against risks, accidents or casualties against which and to
the extent insurance is usually carded by coqx)Iations operating like properdes, including, to the extent
reasonably obtainable, fire and extended coverage insurance, insurance against damage by floods, and use
and occupancy insurance. Public liability and property damage insurance shall also be can4ed unless the
City Attorney gives a written opinion to the effect that the City is not liable for claims which would be
protected by such insurance. At any time while any contractor engaged in construction work shall be fully
responsible therefor, the City shall not be required to carry insurance on the work being co~ if the
contractor is required to carry appropriate insurance. All such policies shall be open to the inspection of
the bondholders and their representatives at all reasonable times.
(2) In lien of obtaining policies for insurance as provided above, the City may serf-insure against
risks, accidents, claims or casualties described in clause (1) above.
(3) The annual audit hereinafter required shall contain a section commenfing on whether or not the
City has complied with the requirements of this Section with respect to the maintenance of insurance, and
listing the areas of insurance for which the City is self-insuring, all policies cunied, and whether or not all
insurance premiums upon the insurance policies to which reference is hereinbefore made have been paid.
Oc) Rate Covenant. It will fix, establish, maintain and collect such rotes, charges and fees for the
use and availability of the System at all times as are necessary to produce Gross Revenues and other
Pledged Revenues equal to the greater of amounts determined in accordance with clauses ( 1 ) or (2) below,
m-wit, amounts sufficient ( 1 ) (A) to pay all cun-ent Operating Expenses of the System, and (B) to produce
Net Revenues for each Year at least equal to 1.25 times the Average Annual Principal and Interest
Requirements of all then outstanding Priority Bonds; or (2) to pay the sum of (A) all cunent Operating
Expenses, (B) the Average Annual Principal and Interest Requirements on the then outstanding Priority
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Bonds, (C) required deposits to the Reserve Fund required for the Priority Bonds, and (D) amounts
required to pay all other obligations of the System reasonably anticipated to be paid from Gross Revenues
duling the Ctut~nt Year. The calculation of Average Annual Principal and Interest Requirements on all
outstanding Priority Bonds shall be net ofcapitali?ed interest for such Priority Bonds ouly'iftbe moneys in
the Capitalized Interest Aecount received from proceeds of such Priority Bonds are invested in
Govemment Obligations. The foregoing notwithstanding, such rates, charges and fees shall be fixed,
established, maintained and collected at a level sufficient to enable the City to pay debt service on Priority
Bonds during the current Year.
O) .4 u dits. Alter the close of each year while any Priority Bonds are outstanding, an audit will be
made of the books and accounts relating to the System and the Pledged Revenues by the Accountant. As
soon as practicable after the close of each such year, and when said audit has been completed and made
available to the City, a copy of such audit for the preceding year shall be mailed to any holder of the then
outstanding Priority Bonds who shall so request in writing. Such annual audit repo~s shall be open to the
inspection of the registered owners of the Priority Bonds and their agents and representatives at all
reasonable times.
(m) Governmental Agencies. It will comply with all of the terms and conditions of any and all
franchises, permits and authorizations applicable to or necessary with respect to the System, and which
have been obtained from any governmental agency; and the City has or will obtain and keep in full force
and effect all franchises, permits, authorization and other requirements applicable to or necessary with
respect to the acquisition, cons~uction, equipment, operation and maintenance of the System.
(n) No Competition. To the extent it legally may, it will not grant any franchise or permit for the
acquisition, constmotion or operation of any compe~g facilities which might be used as a substitute for the
System's facilities, and, to the extent that it legally may, the City will prohibit any such competing facilities.
(o) Rights of Inspection. The Engineer of Record or any registered owner of $100,000 in
aggregate prindpal amount of the Priority Bonds then outstanding shall have the right at all reasonable times
to inspect the System and all records, accounts and data of the City relating thereto, and upon request the
City shall furnish to the Engineer of Record or such registered owner, as the case may be, such financial
statements, repo~s and other information relating to the City and the System as the Engineer of Record or
such registered owner may from time to time reasonably request.
(p) Surplus Bond Proceeds. It shall deposit any surplus proceeds from the Bonds remaining
after the acquisition and completion of the System improvements to the credit of the Debt Service Fund,
to the extent any such smplus proceeds are not othev~vise required to be rebated to the United States of
America in accordance with the provisions of Section 23 hereof, to pay debt service on the Bonds.
x.
Section 23. COVENANTS REGARDINGTAX-EXEMI~TION. That the Issuer covenants
to refiain from any action which would adversely affect, or to take such action as to ensure, the treatment
of the Bonds as obligations described in section 103 of the Code, the interest on which is not includable
in the "gross income" of the holder for purposes of federal income taxation. In fmtherance theaeof, the
Issuer covenants as follows:
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(a) to take any action to assure that no more thun 10 porcent of the proceeds of the
Bonds or the projects financed therewith (less amounts deposited to a reserve fund, if any) are
used for any "private business use", as defined in section 141COX6) of the Code or, if more than
10 percent of the proceeds are so used, that amounts, whother or not received by the Issuer, with
respect to such private business use, do not, under the t~tms of this Ordinance or any underlying
arrangement, directly or indirectly, secure or provide for the payment of more than 10 percent of
the debt service on the Bonds, in contravention of section 141 CO)(2) of the Code;
Co) to take any action to assure that in the event that the "private business use"
described in subsection (a) hereof exceeds 5 percent of the proceeds of the Bonds orthe projects
financed therewith (less amounts deposited into a reserve fund, if any) then the amount in excess
o f 5 percent is used for a '~ivate business use" which is "related" and not "dispropoffionate", within
the meaning of section 141(bX3) of the Code, to the governmental use;
(c) to take any action to assure that no amount which is greater than the lesser of
$5,000,000, or 5 percent of the proceeds of the Bonds (less amounts deposited into a reserve
fired, if any) is directly or indirectly used to finance loans to persons, other than state or local
governmental units, in contravention of section 14 l(c) of the Code;
(d) to refrain from taking any action which would othcnvise result in the Bonds being
treated as "specified private activity bonds" within the meaning of section 141 (a) of the Code;
(e) to refrain from taking any action that would result in the Bonds being "federally
guaranteed" within the meaning of section 14900) of the Code;
(0 to refrain from using any pordon of the proceeds of the Bonds, directly or
indirectly, to acquire or to replace funds which were used, directly or indirectly, to acquire
investmeat property (as defined in section 148(b)(2) of the Code) which produces a materially
higher yield over the term of the Bonds, other titan investment property acquired with -
( 1 ) proceeds of the Bonds invested for a reasonable temporary period of 3
years or less until such proceeds are needed for the purpose for which the bonds are
issued,
(2) amounts invested in a bona fide debt service ftmd, within the meaning of
section 1.148-1CO) of the Treasury Regulations, and
(3) amounts deposited in any reasonably required reserve or replacemeat fund
to the extent such amounts do not exceed 10 percent of the proceeds of the Bonds;
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(g) to otherwise restrict the use of the proceeds of the Bonds or amounts treated as
proceeds of the Bonds, as may be necessary, so that the Bonds do not otherwise contravene the
requirements of section 148 of the Code (relati~4g to arbitrage) and, to the extent applicable, section
149(d) of the Code (relating to advance refundings); and
(It) to pay to the United States of America at least once during each five-year period
(beginning on the date of delivery ofthe Bonds) an amount that is at least equal to 90 percent of
the "Excess Earnings", within the meaning of section 148(0 of the Code and to pay to the United
States of America, not later than 60 days after the Bonds have been paid in full, 100 percent of the
amount then required to be paid as a result of Excess Earnings under section 148(0 of the Code.
q[he Issuer understands that the term "proceeds" included "disposition proceeds" as defined in the Treasury
Regulations and, in the case of a refunding bond, transferred proceeds (if any) and proceeds of the
refunded bonds expended prior to the date of the issuance of the Bonds. It is the understanding of the
Issuer that the covenants contained herein are intended to assure compliance with the Code and any
regulations or rulings promulgated by the U.S. Department of the Treasury pursuant thereto. In the event
that regulations or rulings are hereafter promulgated which modify or expand provisions of the Code, as
applicable to the Bonds, the Issuer will not be required to comply with any covenant contained herein to
the extent that such failure to comply, in the opinion of nationally-recognized bond counsel, will not
adversely affect the exemption from federal income taxation of interest on the Bonds under section 103 of
the Code. In the event that regulations or rulings are hereafter promulgated which impose additional
requirements which are applicable to the Bonds, the Issuer agrees to comply with the additional
requirements tothe extent neeessary, in the opinion of nationally-recognized bond counsel, to preserve the
exemption from federal income taxation of interest on the Bonds under section 103 of the Code. In
fumheranee of the foregoing, the Mayor, the City Manager, any Assistant City Manager and the Director
of Finance may execute any certificates or other reports required by the Code and to make such elections,
on behalf of the City, which may be permitted by the Code as are consistent with the purpose for the
issuance of the Bonds. In order to facilitate compl'mnce with the above clause (h), a "Rebate Fund" is
hereby established by the City for the sole benefit of the United States of America, and such Rebate Fund
shall not be subject to the claim of any other person, including without limitation the registered owners of
the Bonds. The Rebate Fund is established for the additional purpose of compliance with section 148 of
the Code.
Section 24. TAXABLE OBLIGATIONS. That the provisions of Sect/on 23 ofthis Ordinance
notwithstanding, the City reserves the ability tn issue Additional Priority Bonds in a rrmmer such that such
obligations are not obligations described in section 103(a) ofthe Code or are obligations which constitute
"private activity bonds" wiflfin the meaning of section 141(b) of the Code.
Section 25. AMENDMENT OF ORDINANCE. (a) That the registered owners of a majority
in aggregate principal amount of the Priority Bonds then outstanding shall have the right titan time to time
to approve any amendment to this Ordinance which may be deemed necessary or desirable by the City,
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provided, however, that without the consent of the registered owners of all of the Priority Bonds at the time
outstanding, nothing herein contained shall pemdt or be construed to permit the amendment of the tenns
and conditions in this Ordinance or in the Priority Bonds so as to:
(1) Make any change in the maturity of any of the outstanding Priority Bonds;
(2) Reduce the rate of interest borne by any of the outstanding Priority Bonds;
(3) Reduce the amount of the principal payable on the outstanding Priority Bonds;
Modify the terms of payment of principal of, premium, if any, or interest on the outstanding
Priority Bonds or impose any conditions with respect to such payment;
(5)
Affect the rights of the registered owners of less than all of the Priority Bonds then
outsmding;
(6) Amend this clause (a) of this Section; or
(7)
Change the minimum percentage of the principal amount of Priority Bonds necessary for
consent to any amendment;
unless such amendment or amendments be approved by the registered owners of all of the Priority Bonds
then outstanding.
(b) That if at any time the City shall desire to amend the Ordinance under this Section, the City
shall cause notice of the proposed amendment to be published in a financial newspaper or journal published
in The City of New York, New York, and a newspaper of general circulation in the City, once during each
calendar week for at least two successive calendar weeks. Suchnofice shall briefly set forth the nature of
the proposed amendment and shall state that a copy thereof is on file at the principal office of the Paying
Agent/Registrar for inspection by all holders of Priority Bonds. Such publication is not required, however,
if notice in writing is given to each registered owner of Priority Bonds.
(c) That whenever at any time not less than 30 days, and within one year, from the date of the fast
publication of said notice or other service of written notice the City shall receive an instrument or
instruments executed by the registered owners of at least a majority in aggregate principal amount of the
Priority Bonds then outstanding, which instrument or immuments shall refer to the proposed amendment
described in said notice and which specifically consent to and approve such amendment in substantially the
form of the copy thereof on file with the Paying Agent/RegisWar, the governing body of the City may pass
the amendatory ordinance in substantially the same form.
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(d) That upon the passage of any amendatory ordinance pursuant t~ the provisions of this SeOion,
this Ordinance shall be deemed to be amended in accordance with such amendato~y ordinance, and the
respecrive rights, duties and obligations under this Ordinance of the City and all the registered owners of
then outstanding Priority Bonds and all future Priority Bonds shall themaRer be determined, exercised and
enfrreed hereunder, subject in all respects to such amendments.
(e) That any consent given by the registered owner of a Priority Bond pumuant to the provisions
of this Section shall be irrevocable for a period of six months from the date of the fimt publication of the
notice provided for in this Section, und shall be conclusive and binding upon all future registered owners
of the same Priority Bond during such period. Such consent may be revoked at any time after six months
fnma the date of the lust publication of such notice by the registered owner who gave such consent, or by
a successor in rifle, by filing norice thereof with the Paying Agent/Registrar and the City, but such revocation
shall not be effective if the registered owners of at least a majority in aggregate principal amount of the then
outstanding Priority Bonds as in this Section defined have, prior to the att~npted revocation, consented
to and approved the amendment.
(0 The foregoing provisions of this Section notwithstanding, the City by action of the City Council
may amend this Ordinance for any one or more of the following p~:
(1) To add to the covenants and agreements ofthe City in this Ordinance contained, other
covenants and agreements thereatter to be observed, grant additional rights or remedies to the
registered owners of the Priority Bonds or to surrender, restrict or limit any right or power herein
reserved to or conferred upon the City;
(2) To make such provisions for the purpose of curing any ambiguity, or curing, conecting
or supplementing any defective provision contained in this Ordinance, or in regard to clarifying
matters or questions arising under this Ordinance, as are necessmy or desirable and not contrary
to or inconsistent with this Ordinance and which shall not adversely affect the interests of the
registered owners of the Priority Bonds then outstanding;
(3) To modify any of the provisions of this Ordinance in any other respect whatever,
provided that (i) such modification shall be, and be expressed to be, effecrive only after all Bonds
and each series of Additional Priority Bonds outstanding at the date of the adoption of such
modification shall cease to be outstanding, and (ii) tach modification shall be specifically refeired
to in the text of all Priority Bonds issued after the date of the adoption of such modification;
(4) To make such amendments to this Ordinance as may be required, in the opinion of
nationally recognized bond counsel acceptable to the City, to ensure compliance with sections 103
and 141 through 150 of the Code and the regulations promulgated thereunder and applicable
thereto;
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(5) To make such changes, modifications or amendments as may be necessary or
desirable in order to allow the owners of the Priority Bonds to thereafter avail themselves of a
book -entry system for payments, transfers and other matters relating to the Priority Bonds, which
changes, modifications or amendments are not conWary to or inconsistent with other provisions of
this Ordinance and which shall not adversely affect the interests of the owners of the Priority
Bonds;
(6) To make such changes, modifications or amendments as may be necessary or
desirable in order to obtain or maintain the granting of a rating on the Priority Bonds by a Ra~ng
Agency or to obtain or maintain a Credit Facility, or to obtain the approval of the Bonds from the
Texas Attorney General; and
(7) To make such changes, modifications or amendments as may be necessary or
desirable, which shall not adversely affect the interests of the owners of the Priority Bonds, in
order, to the extent permitted by law, to facilitate the economic and practical utilization of interest
rate swap agreements, foreign currency exchange agreements, or similar type of agreements with
respect to the Priority Bonds.
Notice of any such amendment may be published by the City in the manner described in clause (b) of this
Section; provided, however, that the publication of such notice shall not constitute a condition precedent
to the adoption of such amendatory ordinance and the failure to publish such notice shall not adversely
affect the implementation of such amendment as adopted pursuant to such amendatory ordinance.
Section26. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED BONDS.
(a) That in the event any outstanding Bond is damaged, mutilated, lost, stolen, or destroyed, the Paying
Agent/Registrar shall cause to be printed, executed, and delivered, a new bond of thc same principal
amount, maturity, and interest rate, as the damaged, mutilated, lost, stolen, or destroyed Bond, in
replacement for such Bond in the manner hereinafter provided.
(b) Application for replacement of damaged, mutilated, lost, stolen, or destroyed Bonds shall be
made to the Paying Agent/Registrar. In every case of loss, theR, or des~ction of a Bond, the applicant
for a replacement bond shall fumish to the City and to the Paying Agent/Registrar such security or indemnity
as may be required by them to save each of them harmless from any loss or damage with respect thereto.
Also, in every case of loss, theft, or destruction of a Bond, the applicant shall furnish to the City and to the
Paying Agent/Registrar evidence to their satisfaction of the loss, theft, or destmctien of such Bond, as the
case may be. In every case of damage or mutilation of a Bond, the applicant shall surrender to the Paying
AgenVRegistrar for cancellation the Bond so damaged or mutilated.
(C) Notwithstanding the foregoing provisions of this Section, in the eveat any such Bond shall have
matured, and no de fault has occurred which is then confinuin~g in the payment of the principal of, redemption
premium, if any, or interest on the Bond, the City may authorize the payment of the same (without surrender
thereof except in the case of a damaged or mutilated Bond) instead o~' issuing a replacement Bond,
provided security or indemnity is furnished as above provided in this Sectior~
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(d) Prior to the issuance of any replacement bond, the Paying Agent/Regis~ar shall charge the
owner of such Bond with all legal, printing, and ottae~ expens~ in connection therewith. Every v, placement
bond issued pursuant to the provisions of this Section by virtue of the fact that any Bond is lost, stolen, or
destxoyed shall constitute a contractual obligation of the City whether or not the lost, stolen, or destroyed
Bond shall be found at any time, or be enforceable by anyone, and shall be entitled to all the benefits of this
Ordinance equally and propordonately with any and all other Bonds duly issued under this Ordinance.
(e) In accordance with Chapter 1206, Texas Government Code, this Section of this Ordinance
shall comnimte authority for the issuance of any such replacement bond without necessity of furth~ action
by the governing body of the City or any other body or person, and the duty of the replacement of such
bonds is hereby authorized and imposed upon the Paying Agent/Registrar, and the Paying Agent/Registrar
shall authenticate and deliver such bonds in the form and mannex and wi~ the effect, as provided in Section
5(d) of this Ordinance for Bonds issued in exchange for other Bonds.
Section 27. APPROVAL AND REGISTRATION OF BONDS. That the City Manager of
the City is hereby authorized to have control of the Bonds and all necessary records and proceedings
pertaining to lhe Bonds pending their delivery and their investigation, examination and at,laxoval by the
Attorney General of the State of Texas, and their registration by the Comptroller of Public Accounts of the
State of Texas. Upon registration of the Bonds, said Comptroller of Public Accounts (or a deputy
designated in writing to act for said Comptroller) shall manually sign the Comptrollers Registration
Certificate accompanying the Bonds, and the seal of said Comptroller shall be impressed, or placed in
facsimile, on each such cemifi~.
Section 28. DELIVERY OF BONDS TO THE UNDERWRITERS. That should the City
Manager effect the sale of the Bonds to the Underwriters by executing the Purchase Agreement, one Bond
in the principal mount maturing on each maturity date as set forth in the Purchase Agreement shall be
delivered to the Underwriters, and the Underwriters shall have the right to exchange such bonds as
provided in Section 5 hereof without cost
Section 29. USE OF PROCEEDS. That the proceeds from the sale of the Bonds shall be used
k~ the manner described in the letter of instructions, as the Mayor, the City Manager, or the Director of
Finance of the City may execute onbehalf of the City. It is anticipated that all of the outstanding Series A
Commercial Paper Notes to be refunded will be retired and will no longer be outstanding on tl~ Business
Day following the date of initial delivery of the Bonds.
Section 30. FURTIW~R PROCEEDINGS. That the Mayor, City Secretmy, City Manager, and .
Assistant City Manager and the Director of Finance, and all other officers, employees and ageats of the
City, and each of them, shall be and they are hereby expressly authorized, empowered and directed from
time to time and at any time to do and perform all such acts and things and to execute, acknowledge and
deliver in the name and under the corporate seal and on behalf of the City all such instruments, whether
herein mentioned, as may be necessary or des'uable in order to cany out the terms and provisions of this
Ordinance and the Bonds, including, but not limited to, confomdng documents to receive the approval of
fl~e Texas Attorney General and to receive ratings from municipal bond rating agencies, the printing of a
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statement relating to the insuring of the Bonds by a municipal bond insurance company, and, if necessary,
executing and delivering an agreement of the type refexred to in Section 31 hereof and a **Blanket Letter
of Representations" in the form provided by DTC.
Section 31. BOND INSURANCE AND DEBT SERVICE RESERVE FUND
INSURANCE POLICIES. The City Manager is authorized, in connection with ¢ffecfing thc sale oflh¢
Bonds, to obtain from a municipal bond insurance company so designated in the Purchas~ Agreement (thc
"Insure') a municipal bond insurance policy and a debt service reserve fund policy in suppo:t of thc Bonds.
To that end, should the City Manager exercise such authority and commit the City to obtain either a
municipal bond insurance policy and a debt service reserve fund policy, or both, for so long as either or
both policies aro in eff~t, the requil~nents of the Instwer r~lafing to the issuanc~ of said policies are
incorporated by reference into rials Ordinance and made a paxt hereof for all purposes, notwithstanding any
other provision of this Ordinance to the contrary. For perposes of this Ordinance, the Required Amount
shall include the debt service on the Bonds as well as the Outstanding Previously Issued Priority Bonds.
The City Manager and any Assistant City Manager shall have the authority to execute any doctmaents to
effect the issuance of said policies by the Insurer including, without limitation, a guaranty agreement to be
delivered in connection with the debt service reserve fund policy.
Section32. COMPLIANCE WITHRULE 15c2-12. (a) AnnualReports. (7 The City shall
provide annually to each NRMSIR and any SID, within six months after the end of each fiscal year as
described in an exhibit attached to this Ordinance, financial information and operating data with respect to
~ City of the general type included in the final Official Statement authofizmt by Section 28 of this
Ordinance, being the information described in Exhibit B attached to this Ordinance. Any financial
statements to be so provided shall be ( 1 ) prepared in accordance with the accounting principles described
in Exhibit B attached hereto, or such other accounting principles as the City may be required to employ
fiom time to time thereaRer putsoant to state law or regulation, and (2) audited, if the City commissions an
audit of such statements and the audit is completed within the period during whieb they must be provided.
If the audit of such financial statements is not complete within such period, then the City shall provide
unaudited financial statements within such period and shall provide audited financial statements for the
applicable fiscal year to each NRMSIR and any SID, when and if the audit report on such statements
become available.
(ii) ff the City changes its fiscal year, it will notify each N1LMSIR and any SID of the change (and
of the date of the new fiscal year end) prior to the next date by which the City otherwise would be required
to provide financial information and operating data pursuant to this Section~ The financial infommion a~l
operating data to be provided pursuant to this Section may be set foflfi in full in one or more documents
or may be included by specific reference to any document (inehding an official statement or othe~ offering
document, if it is available from the MSRB) that theretofore has been provided to each NRMSIR and any
SI]) or filed with the SEC.
0o) Material Event Notices. The City shall notify any SID and either each NRMSIR or the
MSRB, in a timely manner, of any of the following events with respect to the Bonds, if such event is material
within the meaning of the federal securities laws:
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1. Principal and interest payment delinquencies;
2. Non-payment related defaults;
3. Unscheduled draws on debt service reserves reflecting financial difficulties;
4. Unscheduled draws on cnxlit enhancements reflecting financial difficulties;
5. Substitution of credit or liquidity providers, or their failure to perform;
6. Adverse tax opinions or events affecting the tax-exempt status of the Bonds;
7. Modifications to fights of holders of the Bonds;
8. Bond calls;
9. Defeasance. s;
10. Release, substitution, or sale of property securing repayment of the Bonds; and
11. Rating changes.
The City shall notify any SID and either each NRMSIR or the MSRB, in a timely rammer, of any failure
by the City to provide financial information or operating data in accordance with subsection (a) of this
Section by the time required by such subsection.
(c) Limitations, Disclaimers, and Amendments. (i) The City shall be obligated to observe
and perform the covenants specified in this Asticle for so long as, but only for so long as, the City remains
an "obligated person" with respect to the Bonds within the meaning of the Rule, except that the City in any
event will give notice of any deposit made in accordance with this Ordinance or applicable law that muses
Bonds no longer to be outstanding.
(ii) The provisions of this Section are for the sole benefit of the registered ownen and beneficial
owners of the Bonds, and nothing in this Section, express or implied, shall give any benefit or any legal or
equitable Iight, remedy, or claim hereunder to any other peison. The City undextakes to provide only the
financial information, operating data, financial statements, and notices which it has expressly agreed to
provide pursuant to this Section and does not hereby undertake to provide any other information that may
be relevant or material to a complete presentation of the City's financial results, condition, or prospects or
herebyundertake to update any information provided in accordance with this Section or otherwise, except
as expressly provided herein. The City does not make any xepresentation or warranty concerning such
information or its usefulness to a decision to invest in or sell Bonds at any future date.
(ih') LrNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE
REGISTERED OWNER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON,
IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY
BREACH BY THE CITY, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF
ANY COVENANT SPECIFIED IN THIS ARTICLE, BUT EVERY RIGHT AND REMEDY OF ANY
SUCHPERSON, IN CONTRACT ORTORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH
SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE.
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(iv) No default by the City in observing or performing its obligations under this Section shall
comprise a breach of or default under this Ordinance for putpos~ of any other provision of this Ordinance.
Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the City
under federal and state securities laws.
(v) The provisions of this Section may be amended by the City fiom time to time to adapt to
changed circumstancx~ that arise tium a change in legal requirements, a change in law, or a change in the
identity, nature, status, or type of operations of the City, but only ff ( 1 ) the provisions of this Section, as so
amended, would have permitted an underwriter to pumhase or sell Bonds in the primary offering of the
Bonds in compliance with the Rule, taking into account any amendments or interpretations of the Rule since
such offering as well as such changed circumstances and (2) either (a) the registered owners ora majority
in aggregate principal amount (or any greater amount required by any other provision of this Ordinance that
authorizes such an amendment) of the outstanding Bonds consent to such amendment or (b) a person that
is unaffiliated with the City (such as nationally recognized bond coansel) determined that such amendment
will not materially ~ the interest of the registenxt owners and beneficial owners of the Bonds. If the
City so amends the provisions of this Section, it shall include with any amended financial information or
operating data next provided in accordance with subsection (a) of this Section un explanation, in narrative
foma, of the reason for the amendment and of the impact ofany change in the type of financial information
or operating data so provided. The City may also amend or repeal the provisions of this continuing
disclosure agreement if the SEC amends or repeals the applicable provision of the Rule or a cou~t of final
jurisdiction enters judgment that such provisions of the Rule are invalid, but only ff end to the extent that the
provisions of this sentence would not prevent an underwriter from lawfully purchasing or selling Bonds in
the ~ offering of the Bonds.
Section33. ALLOCATION OF, AND LIMITATION ON, EXPENDITURES FOR THE
PROJECT. That the City covenants to account for on its books and records the expenditure of
proceeds fi~m the sale of the Bonds and any investment earnings thereon to be used for the improvement
and extension of the System (referred to herein and Section 34 hereof as a "Project") by allocating
proceeds to expenditures within 18 months of the later of the date that (a) the expenditure on a Project is
made or (b) each such Project is completed. The foregoing notwithstanding, the City shall not expend such
proceeds or investment earnings more than 60 days after the later of (a) the fitLh anniversary of the date of
delivery of the Bonds or (b) the date the Bonds are retired, unless the City obtains an opinion of nationally-
recognized bond counsel substantially to the effect that such expenditme will not adversely affect the tax-
exempt status of the Bonds. For purposes of tahis Section, the City shall not be obligated to comply with
~ covemnt if it obtains an opinion of nationally-recognized bond counsel to the effect that such failure to
comply will not adveasely affect the excludab'dity for federal income tax purposes fix)m gross income of the
Section 34. DISPOSITION OF PROJECT. That the City covenants that the property
constituting a Project will not be sold or othenvise disposed in a transaction resulting in the receipt by the
City of cash or other compensation, unless the City obtains an opinion of nationally-recognized bond
counsel substantially to the effect that such sale or other disposition will not adversely affect the tax-exempt
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status ofthe Bonds. For pu~oses of this Section, the poriion oftbe propeRy comprising personal property
and disposed of in the ordinary course of business shall not be Ueated as a transaction resulting in the
receipt of cash or other compensation. For purposes of this Section, the Issuer shall not be obligated to
comply with lhis covenant if it obtains an opinion of nationally-recognized bond counsel to the effect that
such failure to comply will not adversely affect the excludability for federal income tax purposes from gross
income of the interest.
Section 35. REASONS FOR REFUNDING TIlE REFUNDED BONDS AND THE
SERIES A COMMERCIAL PAPER NOTES. (a) That the City hereby finds that the issuance of the
Bonds for the purpose of refunding the Refunded Bonds to realize a net present value savings is a public
propose. As a condition to the issuance of the Bonds, the refunding of the aggregate principal amount of
the Refunded Bonds must produce a net present value savings of at least 2.85%. The Refunded Bonds
shall be specifically identified in the Purchase Contract The City Manager may elect not to refund all of
the obligations listed in Schedule I, but in no event shall the Bonds be issued if the refunding of the
aggregate principal amount of the obligations selected for refunding doe~ not result in re. ailing the minimum
savings threshold established in this Section~ The Director of Finance shall execute and deliver to the City
Council a certificate stating that the savings threshold herein established has been satisfied. This certificate
shall specifically state both the net present value savings and the gross savings realized by the City as a
result of refunding the Refunded Bonds.
(b) The City hereby finds that the issuance oftbe Bonds for the p~ of refunding the Series A
Commercial Paper Notes is a public purpose. The Series A Commercial Paper Notes are being reflmded
to conveat interim financing into long-tenn fixed rate financing, as contemplated by the City in the operation
of the interim financing program for the System. Therefore, the manner in which the refunding of the Series
A Commercial Paper Notes is beiag executed by the City does not make it practicable to make the
determinations required by subsection (a) of Section 1207.008, Texas Government Code.
Section 36. ESCROW AGREEMENT. That concurrently with the delivery of the Bonds the
City shall cause to be deposited with the Escrow Agent, from the proceeds fxom the sale of the Bonds and
other available moneys of the City, all as described in the letter of inslmctions referred to in Section 29
hereof, an amount sufficient to provide for the refunding of the Refunded BOnds in accordance with Chapter
1207, Texas Government Code, as amended. Subject to the execution of the Purchase Agreement by the
City Manager and the delivery of the Bonds pursuant to the remus thereof, the City Manager and City
Secretary are hereby authorized, for and on behalf of the City, to execute the Escrow Agreement to
accomplish such purposes, in substantially the form and substance attached to this Ordinance.
Section37. REDEMPTION OF REFUNDED BONDS. ThattheCityherebydetenninesthat,
subject to the execution of the Purchase Agreement by the City Manager and the delivery of the Bonds
pursuant to the terms thereof, the Refunded Bonds shall be called for redemption on the dates, and at the
applicable redemption price to the date fixed for redemption, as provided in Schedule I attached to this
Ordinance, all in accordance with the applicable provisions of the ordinances authorizing the issuance of
the respective series of the Refunded Bonds. The City Manager or the designee thereof shall take such
actions as are necessary to cause the required notice of redemption to be given in accordance with the
terms of the respective ordinances authorizing the issuance of the Refunded Bonds called for redemption.
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Section 38. MISCELLANEOUS PROVISIONS. (a) Preamble. The preamble to this
Ordinance shall be considered an integral part of this Ordinance, and is herein incorporated as part of the
body of this Ordigan~ ce for all purposes.
(b) Immediate Effect. This Ordinance shall be effective immediately from and after its passage
in aecordance with the provisions of Section 1201.028, Texas Government Code.
(c) Open Meeting. It is hereby officially fotmd and determined that the meeting at which this
Ordinance was passed was open to the public, and public notice of the time, place and purpose of said
meeting was given, all as requited by Chapter 551, Texas Government Code, as amended.
(d) Rules of Construction. l'he words "heroin", '~tereof' and "heretmdef' and other words of
similar impo~t refer to this Ordinance as a whole and not to any particular Section or other subdivision.
Except where ~he context otherwise requires, terms defined in this Ordinance to impart the singular nmnber
shall be considered to include the plural number and vice versa. References to any named person means
that party and its successors and assigns. References to any constitutional, statutory or regulatory provision
means such provision as it exists on the date this Ordinance is adopted by the City and any futme
amendments thereto or successor provisions thereof Any reference to the payment of principal in this
Ordinance shall be deemed to include the paymem of any mandatory sinking fund redemption payments
as may be described herein. Any reference to FORM OF BOND shall refer to the form attached to this
Ordinance as Exhibit A.
(e) Inconsistent Provisions. All orders and resolutions, or pa~ts thereof, which axe in conflict or
inconsistent with any provision of this Ordimn, ce are hereby repealed and declared to be inapplicable, and
the provisions of this Ordinance shall be and mm~ain controlling as to the matters prescribed herein.
SIGNED AND SEALED THIS 20TH DAY OF AUGUST, 2002.
Mayor,
City of Corpus Christi, Texas
City Secretary
(SEAL)
APPROVED AS TO FORM:
City Attorney
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EXHIBIT A
NO.
UNITED STATES OF AMERICA
STATE OF TEXAS
COUNTIES OF NUECES AND SAN PATRICIO
CITY OF CORPUS CHRISTI, TEXAS
LrrILITY SYSTEM REVENUE
REFUNDING AND IMPROVEMENT BOND
SERIES 2002
MATURITY INTEREST BOND
DATE RATE DATE CUSIP
ON THE MATURITY DATE SPECIFIED ABOVE, THE CITY OF CORPUS CHRISTI, IN
NUECES AND SAN PATRICIO COUNTIES, TEXAS (the "Issuer"), hereby promises tO pay to
~ or to the registered assignee hereof (either being hereinafter called the
"registered ownee') the principal amount of
DOLLARS
and to pay interest thereon fi'om the Bond Date specified above, on January 15, 2003 and semiannually
on each July 15 and January 15 thereafter to the maturity date specified above, orthe date of redemption
prior to maturity, at the interest rate per annum specified above; except that if the Paying Agent/Regisiraes
Authentication Cefdfieate appearing on the face of this Bond is dated later than January 15, 2003, such
interest is payable semiannually on each July 15 and January 15 following such date.
THE PRINCIPAL OF AND INTEREST ON this Bond are payable in lawful money of the United
States of America, without exchange or collection charges. The principal of this Bond shall be paid to the
registered owner hereof upon presentation and surrender of this Bond at maturity or upon the date fixed
for its redemption prior to maturity, at the designated trust office in Dallas, Texas (the '~Designated Trust
Office") of JPMorgan Chase Bank, which is the "Paying Agent/Regismr" for this Bond. The payment of
interest on this Bond shall be made by the Paying Agent/Registrar to the registered owner hereof on each
interest payment date by check or dratt, dated as of such interest payment date, drawn by the Paying
Agent/Registrar on, and payable solely from, funds of the Issuer required by the ordinance authorizing the
issuance of this Bond (the '~Bond Ordinance") to be on deposit with the Paying Agent/Regis~ar for such
purpose as hereinat~ provided; and such check or draft shall be sent by the Paying Agent/Registrar by
United States mail, first-class postage prepaid, on each such interest payment date, to the registered owner
hereof, at its address as it appeared on the last business day of the month next preceding each such date
(the "Record Date") on the Registration Books kept by the Paying Agcnt/Regi~0.m, as hereinafter
described. Any accrued interest due at maturity or upon the redemption of this Bond prior to maturity as
provided herein shall be paid to the registered owner upon presentation and sussvuder of this Bond for
redemption and payment at the Designated Trust Office of the Paying Agent/Registrar. The Issuer cove-
nants with the registered owner of this Bond that on or before each principal payment date, interest
payment date, and accrued interest payment date for this Bond it will make available to the Paying
Agent/RegisWar, from the "Debt Service Fund" created by the Bond Ordinance, the amounts required to
provide for the payment, in immediately available fimds, of all principal of and interest on the Bonds, when
due.
IF THE DATE for the payment of the principal of or interest on this Bond shall be a Saturday,
Sunday, a legal holiday, or a day on which banking institutions in the City where the Designated Trust
Office of the Paying Agent/Registrar is located are authorized by law or executive order to close, orthe
United States Postal Service is not open for business, then the date for such payment shall be the next
succeeding day which is not such a Satmday, Sunday, legal holiday, or day on which banldng institutions
are authorized to close, orthe United States Postal Service is not open for business; and payment on such
date shall have the same force and effect as if made on the original date payment was due.
THIS BOND is one of a series of honda of like tenor and effect except as to number, principal
amount, interest rate, matmity, and right of prior red,~t~fion, dated as of the Bond Date specified above,
aggregating $.__ (herein somethnes called the "Bonds"), issued for the purpose of refunding all of the
City's omstanding Utility System Commercial Paper Notes, Series A, issued initially to finance
improvements and extensions to the Utility System (the "System'3, refunding the "Refunded Bonds" (as
defined in the Bond Ordinance), to finance improvements and extensions to the System, and to pay the
costs of issuing the Bonds.
THE OUTSTANDING BONDS maturing on and after July 15, 2012 may be redeemed prior to
their scheduled maturities, at the option of the Issuer, in whole, or in part on July 15,201 I, or on any date
thereafter, at the redemption price of par plus accrued interest thereon to the date fixed for redemption.
The Bonds or portions thereof redeemed within a maturity shall be selected by lot or other customary
random method selected by the Paying Agent/Registrar (provided that a portion of a Bond may be
redeemed only in an integral multiple of $5,000); provided, that during any period in which ownership of
the Bonds is determined only by a book entry at a securities deposito~ for the Bonds, if fewer than all of
the Bonds of the same maturity and bearing the same interest rate are to be redeemed, the particular Bonds
of such maturity and bearing such interest rate shall be selected in accordance with the arrangements
between the Board and the securities depository.
NOTICE OF any such redemption of Bonds shaU be given in the following manner, to-wit, (i) a
written notice of such redemption shall be given to the registered owner of each Bond or a portion thereof
being called for redemption not more than 60 days nor less than 30 days prior to the date fixed for such
redemption by depositing such notice in the United States Mail, lust-class, postage prepaid, addressed to
each such registered owner at the address thereof shown on the Registration Books of the Paying
Agent/Registrar and (ii) a notice of such redemption shall be published one time, at least 30 days prior to
the date fixed for such redemption, in a journal or publication of general circula~on in the United States of
America or the State of Texas which carries as a regular feature notices of redemption of municipal bends;
provided, however, that the failu~ to send, mail, or receive such notice described in clause (i) above, or
any defect therein or in the sending or mailing thereof, shall not affect the validity or eft~tiv~ of the
proceedings for the redemption of any Bond, as publication of notice as described in clause (ii) above shall
be the only notice actually required in connection with or as a prerequisite to the vedemptien of any Bonds.
By the date fixed for any such redemption due provision shall be made by the Issuer with the Paying
Agent/Registrar for the payment of the required redemption price for this Bond or the portion hereof which
is to be so redeemed, plus accrued interest thereon to the date fixed for redemption. If such notice of
redemption is given, and if due provision for such payment is made, all as provided above, this Bond, or
the porton hereof which is to be so redeemed, thereby automatically shall be redeemed prior to its
scheduled maturity, and shall not bear or accrue interest aider the date fixed for its redemption, and shall
not be regarded as being outstanding except for the right of the registered owner to receive the redemption
price plus accrued interest to the date fixed for reden~en from the Payin4g Agent/Registrar out of the funds
provided for such payment. The Paying Agent/Registrar shall record in the Registration Books all such
redemptions of principal amount of this Bond or any portion hereof. If a porton of any Bond shall be
redeemed a substitute Bond or Bonds having the same maturity date, beating interest at the same rate, in
any Authorized Denomination at the written request of the registered owner, and in an aggregate principal
amount equal to the umedeemed porton thereof, will be issued to the registered owner upon the surrender
thereof for cancellation, at the expense of the Issuer, all as provided in the Bond Ordinance.
ALL BONDS OF THIS SERIES are issuable solely as fully registered bonds, without interest
coupons, in an Authorized Denomination (as defined in the Bond Ordinance). As provided in the Bond
Ordinance, this Bond may, at the request of the registered owner or the assignee or assignees hereof, be
assigned, transfem:d, converted into and exchanged for a like aggregate amount of fully registered Bonds,
without interest coupons, payable to the appropriate registered owner, assignee or assignees, as the case
may be, having any authorized denomination or denominations as requested in writing by the appropriate
registered owner, assignee or assignees, as the case may be, upon surrender of this Bond to the Paying
Agent/Regislrar at its Designated Trust Office for cancellation, all in accordance with the form and pro-
cedures set forth in the Bond Ordinance. Among other requirements for such assignment and Iransfer, this
Bond must be presented and surrendered to the Paying Agent/Registrar, together with proper instruments
of assignment, in form and with guarantee of signatures sa6sfactory to the Paying Agent/Registrar, evi-
dencing assignment of this Bond or any porton or portous hereof in any authorized denomination to the
assignee or assignees in whose name or names this Bond or any such portion or portous hereof is or are
to be registered. The form of Assignment printed or endorsed on this Bond may be executed by the regis-
tered owner to evidence the assignment hereof, but such method is not exclusive~ and other instruments of
assignment satisfactory to the Paying Agent/Regis~ may be used to evidence the assignment of this Bond
or any portion or portions hereof from lime to time by the registered owner. The one requesting such con-
version and exchange shall pay the Paying Agent/Registtar's reasonable standard or custornary fees and
charges for convertng and exchanging any Bond or portion thereof. In any circumstance, any taxes or
governmental charges required to be paid with respect thereto shall be paid by the one requesting such
assignment, transfer, conversion or exchange, as a condition precedent to the exercise of such privilege.
The foregoing notwithstanding, in the case of the conversion and exchange of an assigned and transferred
Bond or Bonds or any portion or portions thereof, such fees and charges of the Paying Agent/Registrar will
be paid by the Issuer. The Paying Agent/Registrar shall not be requfied (i) to make any such Iransfer,
conversion or exchange during the period beginning at the opening of busineas 30 days before the day of
the first mailing of a notice of redemption and ending at the close of business on the day of such mailing,
or (ii) to ~msfer, conve~ or exchange any Bonds so selected for ~empfiun when such redemption is
scheduled to occur within 30 calendar days; provided, however, such limitation of transfer shall not be
applicable to an exchange by the registered owner of an unredeemed balance of a Bond called for
redemption in part.
WHENEVER the beneficial ownership of this Bond is determined by a book entry at a securities
depository for the Bonds, the foregoing requiremea~s of holding, delivering or mmsfening this Bond shall
be modified to require the appropriate person or entity to meet the requirements of the securities depository
as to registering or t~msferfing the book enlry to produce the same effect.
IN THE EVENT any Paying AgenttRegistrar for the Bonds is changed by the Issuer, resigns, or
otherwise ceases to act as such, the Issuer has covenanted in the Bond Ordinance that it promptly will
appoint a competent and legally qualified substitute therefor, whose qualifications substantially are s'unilar
to the previous Paying Agent/Registrar it is replacing, and promptly will muse written notice thereof to be
mailed to the registered owners of the Bonds.
BY BECOMING the registered owner of this Bond, the registered owner thereby acknowledges
all of the terms and provisions of the Bond Ordinance, agrees to be bound by such terms and provisions,
acknowledges that the Bond Ordinance is duly recorded and available for inspection in the official minutes
and records of the Issuer, and agrees that the terms and provisions of this Bond and the Bond Ordinance
constitute a contract between each registered owner hereof and the Issuer.
THE BONDS are special obligations of the Issuer payable solely from and equally secured,
together with the eunently outstanding Previously Issued Priority Bonds (as such tenn is defined in the
Bond Ordinance), by a first lien on and pledge of the "Pledged Revenues" (as such term is defined in the
Bond Ordinance) of the System. The Issuer has reserved the right, subject to the restrictions stated, and
adopted by reference, in the Bond Ordinance, to issue additional parity revenue bonds which also may be
made payable from, and secured by a first lien on and pledge of, the aforesaid Pledged Revenues. For a
more complete description and identification of the revenues and funds pledged to the payment of the
Bonds, and other obligations of the Issuer secured by and payable from the same somr~ or sources as the
Bunds, refemmce is hereby made to the Bond Ordinance.
THE ISSUER has reserved the right, subject to the restrictions stated, and adopted by reference,
in the Bond Ordinance, to amend the Bond Ordinance; and under some (but not all) c'trcumstances
amendments must be approved by the ownem of a majority in aggregate principal amount of the outstanding
Priority Bonds (as defined in the Bond Ordinance).
THE REGISTERED OWNER HEREOF shall never have the right to demand payment of this
obligation out of any funds raised or to be raised by taxation~
IT IS HEREBY cerdfied and covenanted that this Bond has been duly and validly authorized,
issued and delivered; and that all acts, conditions and things required or proper to be performed, exist and
be done precedent to or in the authorization, issuance and delivery of this Bond have been performed,
existed and been done in accordance with law.
IN WITNESS WHEREOF, this Bond has been signed with the imprinted or lithographed facsimile
signature of the Mayor of said Issuer, attested by the imprinted or lithographed facsimile signatme of the
City Secretary, and the official seal of said Issuer has been duly affixed to, printed, lithographed or
impressed on this Bond.
ATFEST:
CITY OF CORPUS CHRISTI, TEXAS
By
Mayor
City Secretary
(SEAL)
FORM OF PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE:
PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
(To be executed if this Bond is not accompanied by an executed Regimation Certificate
of the Compl~.~oller of Public Accounts of the State of Texas)
It is hereby cextified that this Bond has been issued under the provisions of the Bond Ordinance
described on the face of this Bond; and that this Bond has been issued in exchange for or replacement of
a bond, bonds, or a po~don of a bond or bonds of an isme which originally was approved by the Attorney
General of the State of Texas and registered bythe Comptroller of Public Accounts oftbe State of Texas.
Dated
JPMORGAN CHASE BANK,
Paying Agent/Registrar
By:
Authorized gignato~y
FORM OF ASSIGNMENT:
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned hereby sells, assigns
and transfers unto
Please insert Social Security or Taxpayer Identification Number of Transferee
/ /
(Please print or typewrite name and address, including zip code of Transferee)
the within Bond and all fights thereunder, and hereby irrevocably constitutes and appoints
attorney to register the ~nsfer of the wiflfin Bond on the books kept for registration
thereof, with full power of substitution in the premises.
Dated:
Signature Guaranteed:
NOTICE: Signature(s) must be guaranteed by a
member rum of the New York Stock
Exchange or a commercial bank or trust
comply.
NOTICE: The signature above must correspond
with the name of the Registered Owner as it
appears upon the front of this Bond in every
particular, without alteration or enlargement or
any change whatsoever.
FORM OF COMFrROLLER'S REGISTRATION CERTIFICATE:
OFFICE OF COMFrROLLER:
REGISTER NO.
STATE OF TEXAS :
I hereby certify that this Bond has been examined, cenified as to validity, and approved by the
Attomey General of the State of Texas and that this Bond has been registered by the Comptroller of Public
Accounts of the State of Texas.
Wimess my signature and seal this
(SEA )
Comptxoller of Public Accounts of
the State of Texas
The City hereby authorizes an appropriate statement of insurance furnished by a municipal bond insurance
company providing municipal bond insurance, if any, covering all or any pa~ of the Bonds, to accompany
the Bonds.
Exhibit B
to
Ordinance
DESCRIPTION OF ANNUAL FINANCIAL INFORMATION
The following information is referred to in Section 32 of this Ordinance.
Annual Financial Statements and Operating Data
The financial infonmfion and operating clam with rea'pect to the City to be provided annually in
accordance with such Section are as specified (and included in the Appendix or under the headings of the
Official Statement referred to) below:
Tables 1 through 25 contained in the Official Statement; and
The Audited Financial Statement of the City, as set foflh in Appendix B to the Official Statement.
Principle
The accounting principles refened to in such Section are the accounting principles described in the
notes to the financial statements referred to above.
SCHEDULE I
DESCRIPTION OF REFUNDED BONDS
CITY OF CORPUS CHRISTI, TEXAS UTILITY SYSTEM REVENUE BONDS,
SERIES 1994, all bonds maturing on July 15 in each of the years 2013 and 2014,
aggregating $1,730,000 in principal mount; REDEMPTION DATE: July 15, 2004;
REDEMPTION PRICE: par plus accrued interest.
CITY OF CORPUS CHRISTI, TEXAS UTILITY SYSTEM REVENUE BONDS,
SERIES 1994-A, all bonds maturing on July 15 in each of the years 2005 through 2014,
inclusive, aggregating $5,240,000 in principal amount; REDEMPTION DATE: July 15,
2004; REDEMPTION PRICE: par plus accrued interest.
CITY OF CORPUS CHRISTI, TEXAS UTILITY SYSTEM REVENUE REFUNDING
BONDS, SERIES 2000-A, all bonds maturing on July 15 in each of the years 2011
through 2018, inclusive, aggregating $20,245,000 in principal amount; REDEMPTION
DATE: July 15, 2010; REDEMPTION PRICE: par plus accrued interest.
THE STATE OF TEXAS
COUNTY OF NUECES
CITY OF CORPUS CHRISTI
I, the unde~sigued, City Secretary of the City of Corpus Christi, Texas, do hereby certify that the
above and foregoing is a lxue, full and correct copy of an Ordinance passed by the City Council of the City
of Corpus Christi, Texas (and of the minutes pertaining thereto) on the 20th day of August, 2002,
authori~ng the issuance of Utility System Revenue Refunding and Improvement Bonds, Series 2002, which
ordinance is duly of reeord in the minutes of said City Council, and said meeting was open to the public,
and public notice of the time, place and propose of said meeting was given, all as required by Texas
Government Code, Chapter 551.
EXECUTED UNDER MY HAND AND SEAL of said City, this the 20th day of August, 2002.
City Secretary, City of Corpus
Christi, Texas
(SEAL)
31
AGENDA MEMORANDUM
DATE: August 25, 2002
SUBJECT: Regional Transportation Authority (RTA) Miscellaneous Street
Improvements, Phase 1 (Project No. 6114)
AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a
construction contract with Garrett Construction Company in the amount of $220,343.40 for
the Regional Transportation Authority (RTA) Miscellaneous Street Improvements, Phase 1.
ISSUE: The City and RTA have identified various City streets where curb and gutter
improvements are required.
FUNDING: Funds to finance the project are available in the FY 2001-2002 Street Capital
Improvement Budget.
RECOMMENDATION: Staff recommends approval of the motion as presented.
'/~gef'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
H:\HOM E~VELMAR~GEN'~STREET~6114~CON STRUCTION~AGENDA MEMO
BACKGROUNDINFORMATION
SUBJECT: Regional Transportation Authority (RTA) Miscellaneous
Improvements, Phase 1 (Project No. 6114)
Street
PRIOR COUNCIL ACTION:
1. July 13, 1999 - Approval of an Intedocal Governmental Agreement with the
Regional Transportation Authority (RTA) for street improvement purposes
(Resolution No. 023693).
2. July 13, 1999 - Ordinance appropriating $500,000 from the Regional Transportation
Authority in the No. 3530 Street Capital Projects Fund for the Special Projects 1999
Street Improvement Program; amending Ordinance No. 023474, which adopted the
FY 1998-99 Capital Budget, by adding $500,000 to the No. 3530 Street Capital
Projects Fund; and declaring an emergency (Ordinance No. 023694).
3. May 9, 2000 - Motion authorizing the City Manager, or his designee, to execute an
engineering services contract with Shiner, Moseley & Associates, Inc. in the amount
of $49,090 for the Regional Transportation Authority Miscellaneous Street
Improvements (Motion No. M2000-134).
4. April 17, 2001 - Resolution authorizing the City Manager, or his designee, to
execute an Intedocal Govemmental Agreement with the Regional Transportation
Authority (RTA) for the RTA to provide the City money annually for street
improvement purposes (Resolution No. 024423).
5. May 15, 2001 - Ordinance appropriating $331,625 from the Regional
Transportation Authority in the No. 3530 Street Bond Fund for the Special Projects
2000 Street Improvement Program; amending the FY 00-01 Capital Budget adopted
by Ordinance No. 024162 by adding $331,625 to the Street CIP Fund; and
declaring an emergency (Ordinance No. 024454).
6. May 15, 2001 - Motion authorizing the City Manager, or his designee, to execute
Amendment No. 1 to the engineering contract in the amount of $49,090 for a total
fee not to exceed $98,180 with Shiner, Moseley & Associates for the Regional
Transportation Authority (RTA) Miscellaneous Street Improvements (Motion No.
M2001-190).
FUTURE COUNCIL ACTION:
1. Ordinance appropriating funds from the Regional Transportation Authority in the
Street Bond Fund for General Purpose Street Improvement Program and the
Special Projects Fiscal Year 2002.
PROJECT BACKGROUND: July 13, 1999 the City of Corpus Christi entered into an
Interlocal Governmental Agreement with the Regional Transportation Authority (RTA) for
street improvement purposes; $500,000 was appropriated from the RTA in the Street
EXHIBIT "A"
Page I of 2
H:',HOME~VELMAR~GEN~STREET~6114\CONSTRUCTION\AGENDA BACKGROUND
Capital Projects Fund for the Special Projects 1999 Street Improvement Program. The
proposed project is part of the RFQ No. 1999-01; and consists of making improvements to
various City streets where bus stop improvements are required.
PROJECT DESCRIPTION: The proposed project consists of minor demolition and
construction of bus turnouts, sidewalk, curb and gutter, and repair of valve/manhole collars
at eight (8) bus stop locations throughout the City as follows:
1) Alameda at Clifford (outbound)
2) Comanche at Staples (both directions)
3) Leopard Street between McBride and McCampbell (eastbound)
4) Leopard Street at Cantwell (outbound)
5) Leopard Street at Omaha (outbound)
6) Leopard Street at Palm (inbound)
7) Leopard Street at Baldwin (inbound)
8) Palm at Leopard Street (outbound)
BID INFORMATION: The City received proposals from four (4) bidders on July 24, 2002.
See Exhibit "C" Bid Tabulation. The bids range from $220,343.40 to $522,443.75. The
Engineer's estimated construction cost for the project is $224,471. The bid proposal
submitted by HIS Construction did not have the correct project name and is therefore
considered a Non-Responsive Bid.
The City's Consultant, Shiner, Moseley & Associates, and City staff recommend that based
on Iow Total Base Bid and past satisfactory experience, the Total Base Bid be awarded in
the amount of $220,343.40 to Garrett Construction Company of Ingleside, Texas for the
RTA Miscellaneous Street Improvements, Phase 1.
FUNDING: Funds for this project are available in the FY 2001-2002 Street Capital
Improvement Budget.
EXHIBIT "A"
Page 2 of 2
H:',HO M E~VELMAR~GCcN',STREET~I 14'~C0 NSTRUCTIO N'~GEN DA BACKGROUND
PRELIMINARY PROJECT BUDGET
REGIONAL TRANSPORTATION AUTHORITY (RTA)
MISCELLANEOUS STREET IMPROVEMENTS (Project No. 6114)
July 25, 2002
FUNDS AVAILABLE:
Street ClP ........................................................................
$358,857.74
FUNDS REQUIRED:
Construction (Garrett Construction Company) ........................... $220,343.40
Contingencies (10%) ........................................................... 22,034.34
Consultant (Shiner, Moseley & Associates) .............................. 98,180.00
Engineering Reimbursements ................................................. 12,000.00
Testing (Fugro South, Inc.) ................................................... 5,300.00
Misc. (Printing, Advertising, etc.) ............................................. 1,000.00
Total .................................................................................
$358,857.74
EXHIBIT "B"
Page t of I I
X
TABULATION OF BIDS
DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS
TABULATED BY: 'Angel R. Eswbar, P.E., Director of Engineering Services
ENGINEERS ESTIMATE: $224,471.00
TIME OF COMPLETION: 90 Working Days
Page 1 of 1
VICE: ..e. n"day,.a,y 24,.002
REGIONAL TRANSPORTATION AUTHORITY(RTA)
MISCELLANEOUS STREET IMPROVEMENTS - PHASE 1
(Project No. 6114)
Garrett Construction Company
P.O. Box 102$/FM2725
Ingleside, TX 78362
Rease Contracting, Inc.
Box 8352
Corpus Christi, Tx 78468
Salinas Construction Technologies, Inc.
3734 F.M. 3008
Pleasanton, TX 78064
HIS Construction'
418 People SL Suke 50
Corpus Christi, TX 78468
ITEM
DESCRIPTION
QTY.
UNIT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
1
Remove existing asphalt pavement,
complete in place per $Y.
1,402
S.Y.
$2.70
$3,785.40
$10.00
$14,020.00
$60.00
$84,120.00
$28.00
$39,256.00
2
Remove existing curb/gutter, complete
in place per LE.
626
L.F.
$6.40
$4,006.40
$10.00
$6,260.00
$28.35
$17,747.10
$8.76
$5,483.76
3
Remove existing sidewalk/driveway,
complete in place per$E.
1,521
S.F. 1
$3.00
$4,563.00
$8.00
$12,168.00
$12.75
$19,392.75
$15.00
$22,815.00
4
New 6" curb/gutter, complete in place
per LE.
796
L.F.
$32.50
$25,870.00
$15.00
$11,940.00
$35.45
$28,218.20
$12.92
$10,284.32
5
New Conc. Sidewalk / Curb Ramps /
Driveway/ Sheffer Pad / HC -Curb
Ramp, complete in place per BE.
5,178
S.F.
$10.20
$52,815.60
$20.00
$103,560.00
$21.25
$110,032.50
$4.50
$23,301.00
6
New Perimeter Curb at Sidewalk /
Sheffer Pad, Complete in place per LE.
276
L.F.
$72.10
$19,899.60
$10.00
$2,760.00
$56.70
$15,649.20
$23.25
$6,417.00
7
Pavement Repair (Remove 8
Replace), including excavation, base,
subgrade, prime coat, tack coat and
asphalt, complete in place per U.
112
S.Y.
$68.60
$7,683.20
$50.00
$5,600.00
$142.00
$15,904.00
$168.17
$18,835.04
8
New Concrete Pavement Section,
including base, subgrade, complete in
place per BY.
1,362
S.Y.
$57.70
$78,587.40
$67.00
$91,254.00
$136.00
$185,232.00
$57.80
$78,723.60
9
Adjust Manhole, Valve Collars,
complete in place per Eg,
11
EA.
$374.40
$4,118.40
$200.00
$2,200.00
$1,420.00
$15,620.00
$463.69
$5,100.59
10
Modify Storm Inlet, complete in place
per j_6.
4
EA.
$708.10
$2,832.40
$1,000.00
$4,000.00
$3,540.00
$14,160.00
$1,789.60
$7,158.40
11
12" Wide pavement markings,
complete in place per LE.
930
L.F.
$17.40
$16,182.00
$22.00
$20,460.00
$17.60
$16,368.00
$12.00
$11,160.00
TOTAL BASE BID $220,343.40
$274,222.00
$522,443.75
$228,534.71
' NON-RESPONSIVE BID. BID BOND DID NOT HAVE CORRECT PROJECT NAME.
., ~ ~ ~ ~
LEGEND
R.~. STRE~ I~RRO~ENT
SITES LOCA TZON ~P
CZ~ P~ECT No. 6~4 NOT TO SCALE EXHZBZT "D"
CZ~ ~UNCZL EXHZBZT ~
Reg~on~] T~an~po~tat~on Authority ( RTA ] DEP~E~ OF,~INEERIN~ SER~CES
~sce]]aneou8 Street Z~p~ove~ent~ PA~E: ~ o~ ~ ~~ ~
CI~ OF CORPUS CHRI~, TE~S DATE: 0~-13-2002 ~
32
AGENDA MEMORANDUM
DATE: July 25, 2002
SUBJECT:
Sanitary Sewer Trunk Main Rehabilitation · Staples (Project No. 7144)
· Antelope (Project No. 7175)
· Omaha (Project No. 7145)
· Moore Plaza (Project No. 7251)
AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a
construction contract with Garver Construction, Ltd. in the amount of $3,579,822.50 for the
Sanitary Sewer Trunk Main Rehabilitation.
ISSUE: The City's Wastewater Department has experienced a number of cave-ins,
blockages, and settlements on several sanitary sewer trunk mains throughout the city. The
proposed project addresses a long-term solution by rehabilitating critical mains that provide
service to the City's customers.
FUNDING: Funds for this project are available from FY 2001-2002 Wastewater Capital
Improvement Budget.
RECOMMENDATION: Staff recommends approval of the motion as presented.
Foster Crowell,
Wastewater Superintendent
~(n~'el'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
H:\HOM E~VELMAR~G EN~WASTEWAT~7144\CO N STRUCTIO N~OEN DA MEMO
BACKGROUND INFORMATION
SUBJECT:
Sanitary Sewer Trunk Main Rehabilitation · Staples (Project No. 7144)
· Antelope (Project No. 7175)
· Omaha (Project No. 7145)
· Moore Plaza (Project No. 7251)
PRIOR COUNCIL ACTION:
1. March 28, 2000 - Motion authorizing the City Manager, or his designee, to execute
an engineering services agreement with HDR Engineering, Inc. for a total fee not to
exceed $396,574 for the Sanitary Sewer Trunk Main Rehabilitation as follows:
> West Point/Greenwood Trunk Main Rehabilitation
> Staples Street Trunk Main Rehabilitation
> Omaha Street Trunk Line Rehabilitation
> Antelope 24-Inch Trunk Main Rehabilitation
;> Infiltration/Inflow Related Collection System Enhancement Program:
i. South Staples from Saratoga Boulevard to Timbergate;
ii. Timbergate from Staples Street to Opengate; and
iii.Cimmaren Boulevard from Saratoga Boulevard to south of Lipes
Boulevard (Motion No. M2000-096).
2. March 28, 2000 - Motion authorizing the City Manager, or his designee, to execute
an Agreement for Construction Materials Engineering Laboratory's Inspection and
Materials Testing Services with Trinity Engineering Testing Corporation for a total
fee not to exceed $21,800 for the Sanitary Sewer Trunk Main Rehabilitation as
follows:
> West Point/Greenwood Trunk Main Rehabilitation
> Staples Street Trunk Main Rehabilitation
> Omaha Street Trunk Line Rehabilitation
~'Antelope 24-Inch Trunk Main Rehabilitation
(Motion No. M2000-097).
3. January 15, 2002 - Ordinance approving FY 2001-2002 Capital Improvement
Budget (Ordinance No. 024730).
, PRIOR ADMINISTRATIVE ACTION:
1. May 16, 2000 - Executed Amendment No. 1 with HDR Engineering, Inc. for the
Sanitary Sewer Trunk Main Rehabilitation in the amount of $14,412, for a total
restated fee of $410,986.
2. Au,qust 7, 2001 - Executed Amendment No. 2 with HDR Engineering, Inc. for the
Sanitary Sewer Trunk Main Rehabilitation in the amount of $7,110, for a total
restated fee of $418,096.
H;IHOME'~VELMAR~G EN~WASTEWAT~7144~CO N STRUCTIO N'~G E N DA BACKGROUND
PRIOR ADMINISTRATIVE ACTION: (continued)
3. February 28, 2002 - Executed Amendment No. 3 with HDR Engineering, Inc. for the
Sanitary Sewer Trunk Main Rehabilitation in the amount of $10,500, for a total
restated fee of $428,596.
4. Mamh 6, 2002 - Executed Amendment No. 4 with HDR Engineering, Inc. for the
Sanitary Sewer Trunk Main Rehabilitation in the amount of $3,250, for a total
restated fee of $431,846.
PROJECT BACKGROUND: The City's Wastewater Department has experienced a
number of cave-ins, blockages, and settlements on several sanitary sewer trunk mains
throughout the city. Short-term emergency repairs have been completed to correct these
deficiencies. However, to address these problems with long-term solutions, rehabilitation
to the cdtical mains is required to repair or replace those in most need. The proposed
project will provide for sanitary sewer trunk main rehabilitation at the following locations:
Staples Street Trunk Main from Everhart to Kostoryz;
Antelope Street Trunk Main from Nueces Bay Blvd. to Culberson Street;
Omaha Street Trunk Main from Old Brownsville Road to Southview Drive; and
Moore Plaza service drive west to Betty Jean Street.
These lines serve large tributary areas in the city and continued operation is vital to
providing service to the city's customers in these areas.
PROJECT DESCRIPTION: The project consists of cleaning, televising and rehabilitating
using cured-in-place-pipe (ClPP) approximately 270 linear feet of existing 36-inch diameter
Vitrified Clay Pipe (VCP), approximately 5,310 linear feet of existing 24-inch diameter cast
iron pipe (CIP), approximately 19,390 linear feet of existing 24-inch diameter VCP,
approximately 40 linear feet of existing 21-inch diameter CIP/VCP, approximately 330
linear feet of existing 18-inch diameter VCP, and approximately 1,390 linear feet of existing
8-inch diameter VCP/ClP; televising all of the above rehabilitated sanitary sewers after
rehabilitation; cleaning and televising approximately 19,270 linear feet of existing 6-inch
through 18-inch diameter lateral sewers; constructing three (3) new fiberglass reinforced
polyester (FRP) manholes; rehabilitating sixty-four (64) existing brick or brick and concrete
manholes of different sizes, including all appurtenances and associated work in
accordance with the plans, specifications, and contract documents.
BID INFORMATION: The project consists of a Total Base Bid and Total Alternative Bid.
The City received proposals from three (3) bidders on July 10, 2002. See Exhibit "C" Bid
Tabulation. The bids range as follows:
· Total Base Bid from $3,579,822.50 to $4,302,333.00
· Total Alternate Bid from $137,090 to $284,089
H:\HO M E\VELMAR~GEi~WASTE'~/AT~7144~CO N STRUCTIO NtAGEN DA BACKGROUND
EXHIBIT "A"
Page 2 of 3
The Engineer's estimated construction cost for the project is $5,525,000. The method of
award for the contract is specified that the bids will be evaluated based in the following
order of priority, subject to availability of funds:
1. Total Base Bid
2. Total Alternative Bid
The City reserves the right to reject any or all bids, to waive irregularities and to accept the
bid which, in the City's opinion, is most advantageous to the City and in the best interest of
the public.
The City's consultant, HDR Engineering, Inc., and City staff recommend that based on Iow
Total Base Bid, the Total Base Bid be awarded in the amount of $3,579,822.50 to Garver
Construction, Ltd. of Houston, Texas for the Sanitary Sewer Trunk Main Rehabilitation.
CONTRACT TERMS: The contract specifies that the project will be completed in 220
calendar days, with completion anticipated by the end of Apdl 2003.
FUNDING: Funds for this project are available from FY 2001-2002 Wastewater Capital
Improvement Budget.
I EXHIBIT "A"
PROJECT BUDGET
E1-rkY11 ii�9A�i�1 ll109qI.IT, GIIZI V:[0.Lill 4Y01111*]ZI
Staples (Project No. 7144)
Antelope (Project No. 7175)
Omaha (Project No. 7145)
Moore Plaza (Project No. 7251)
July 18, 2002
Tx
m =
o
W H WOMBVELWMGEMWASTEWAI\71"CONSTRUCnOM ROJECT BUDGET
Moore
Staples
Antelope
Omaha
Plaza
Total
FUNDS AVAILABLE:
FY 2001-2002 WW CIP (550910-4243-000000-150380) ...............
$2,005,149.20
$0.00
$0.00
$0.00
$2,005,149.20
FY 2001-2002 WW CIP (550910-XXXX-000000-150480)...............
0.00
991,734.20
0.00
0.00
991,734.20
FY 2001-2002 WW CIP (550910-4243-000000-150390) ...............
0.00
0.00
1,170,254.30
0.00
1,170,254.30
FY 2001-2002 WW CIP (550910-XXXX-000000-150395)................0.00
0.00
0.00
198,965.50
198,965.50
Total.................................................................................
$2,005,149.20
$991,734.20
$1,170,254.30
$198,965.50
$4,366,103.21
FUNDS REQUIRED:
Construction (Garver Construction, Ltd.) ....................................
$1,652,808.50
$818,475.50
$947,715.50
$160,823.00
$3,579,822.50
Contingencies(10%)...............................................................
165,280.85
81,847.55
94,771.55
16,082.30
357,982.25
Consultant (HDR Engineering) ................................................
111,008.30
41,725.00
68,957.90
10,500.00
232,191.20
Major Projects Activity............................................................
24,792.13
12,277.13
14,215.73
2,412.35
53,697.34
Construction Inspection.........................................................
27,271.34
24,554.27
28,431.47
5,789.63
86,046.70
Administrative Reimbursements ...............................................
16,528.09
8,184.76
9,477.16
1,608.23
35,798.23
Testing.................................................................................
6,960.00
4,170.00
6,185.00
1,250.00
18,565.00
Incidentals (Printing, Advertising) .............................................
500.00
500.00
500.00
500.00
2,000.00
Total.................................................................................
$2,005,149.20
$991,734.20
$1,170,254.30
$198,965.50
$4,366,103.21
Tx
m =
o
W H WOMBVELWMGEMWASTEWAI\71"CONSTRUCnOM ROJECT BUDGET
BID TABULATION FOR SANITARY SEWER TRUNK MAIN REHABILITATION: PROJECT NO.7144!71451717517251
TABULATED BY: Angel R. Escobar, P.E., Director of Engineering Sarvicea
BID DATE: July 10, 2002 TIME OF COMPLETION: 220 Calendar Days ENGINEERS ESTIMATE: $5,528,000
au 11m=ryTrmffi0CDntmI I 1 LS 1 $15,625.00 $15.60.001 - $8.05.5 $8000.00 $28000.00 $28.000.00
Page 1 of 4
1
Mobilization Demobitizatlon and Bonds
1LS
217.00
$25,217.00
70000.00
70000.00
7500.00
7500.00
2
Clean Exlsft 21- CIPNCP Seen
40
LF
$4.70
$188.00
$40.00
$11,110100
$4.75
$190.00
3
InSOM and Televise 21' CIPNCP Sewer
40
LF
$0.80
$32.00
$7.00
sm.00
$1.00
$40.5
4
Rehabilitate Existing 21' CIPNCP Sewer and Televise
40
LF
$235.00
$9400.00
$100.00
000.00
$12000
$4800.00
5
Clean 24'VCP Sewer
11,890 LF
$8.30
$74907.00
$11.00
130790.00
$8.10
$77,529.00
6
Irmped and Televise Existing 24' VCP Sewer
11,890 LF
$1.90
591,00
250
725,00
$1.00
$11 $W.00
7
Rehablate 24' VCP Saver and TeleVise
11,890 LF
$99.00$1,177110.00
$88.00
1048 320.00
$114.75----fl-,304,377.50
8
Clean 36' VCP Sewer
270
LF
$10.00
$Z700.00
$25.00
$675000
$7.25
$1957.50
9
Inspect ng 38' f
270
$6.00
1
$5.00
$1.00
10
11
ehabi ng 38
Clean Ina and Tebvlee Existl 8'VCP Sewer
M.
2
5.330 LF
$270.00
$1.80
9584.00
$228.00
$3.00
1,0 0
15990.00
$210.5
$280
.5
$13858.5
12
Clea and Televhe Fxbti 10' VCP Sewer
3 610 LF
$1.80
$5,498.00
$3.00
$1018m.00
$2.70
$9,747.00
13
Clean Inspect and Televise ExM 16' VCP Sewer
790
LF
$3.DO
$2,370.00
$6.00
$4,740.00
$2.90
SZ291.00
14
Install New, 4' FRP Manholes
3
EA
$5,541.00
$18 823.5
$2D,000.00
$80,000.00
$1550000
$48 55.5
15
Extra of New r FRP Mantloles
30
VF
$187.5
625.5
55 $8.
1a 05.5
.5
11 75.5
16
FRP Rehab ltadm of 4• FRP MaMalm
12
EA
$4 070.5
$48,840.00
$81000.00
"(11000-00
$3110.5
7 320.5
17
Extra of FRP RehablliNlbn of 4' Manholes
173
VF
$94.00
$10,282.00
$15.5
$17,300.00
$500.00
586 .5
18
FRP RehaMltiation of 4.5' MaNioles
5
EA
$4.651.00
$23 255.00
$7.51)(1.00
$37,500.00
$3110.5
$15,550.00
19
Extra DOM Of FRP Rehabilitation of 4.5 MaMwles
74
VF
$15.5
$784.1.5
$15.5
$745.5
ow.00
$30,220.00
20
FRP Rehabllltatlon of S Manholes
5
EA 1
$5148.5
$25 740.5
$9,00000
$45,000.00
$3 .5
$17,840.00
21
Extra Depth of FRP Rehabilitation of T Manholes
79
VF
$137.5
$10,862.50
$150.00
$11,850.00
$555.00
845.5
22
FRP Rehabilitation of 5.5 Markdes
2
EA
$5123.00
$10,246.00
$9,000.00
$18,000.00
$3,800.00
765.5
23
Extra DWdi of FRP Rehabilitation of 5.5' Manholes
29
VF
$158.5
$4,524.00
$25.5
$585.5
$585.5
$16,965.00
24
RerMbllltale Exisft Special Manholes #3508 with Epoxy
1
EA
$0,710.00
$6,710.00
$8,000.00
$5,000-00
$6,775.00
$8 775.5
25PotrnR
Ir of Exidi Sewer
1
EA
$28,25.5
$28 .5
5
$250.00
55
250.
000.5
$350.
55
26
Extra of Pond Repair
5
LF
$550.5
$27,500.00
$50.5
$22 000
$900.5
$45 05,5
27
T Characterization of Sediments arta Sludge4
EA
25.5
$1,000.00
$35.00
$1200.5
$500.5
$2,00000
28
Db of i moc Sediment am siudp Waste
10
Cy
182 W$625001
$80.5
$50.5
$70.5
$75.5
29
Trench Measures
5
LF
$2 So
$150.001
$0.10
$6.5
$20.5
au 11m=ryTrmffi0CDntmI I 1 LS 1 $15,625.00 $15.60.001 - $8.05.5 $8000.00 $28000.00 $28.000.00
Page 1 of 4
BID TABULATION FOR SANITARY SEWER TRUNK MAIN REHABILITATION: PROJECT NO. 7144/7145j7`175172511
TABULATED BY: Angel R. Escobar, P.E., Director of Engineering Services
BID DATE: July 10, 2002 TIME OF COMPLETION: 220 Calendar Days ENGINEERS ESTIMATE: $5,525,000
I
MobAiratbn Demobilhatbn and Bonds
1
LS
28 014.00
1000.00
000.00
$31.500.00
1,500,00
2
Clean ExWN 24'CIP Sewer
5,310
LF
$6.30
$33453.00
$11.00
$58410.00
$10.90
79.00
3
I and Televise Existing 24'CIP Sewer
5.310
LF
$1.90
$10089.00
$2.50
13 .00
$200
$10820.00
4
RehablBtale Extsft 24' CIP Sewer and Talevbe
5,310
LF
$104.00
$552240.00
$79.00
$419490.00
$97.00
$515070.00
5
Clow,Inspect, and Televise Usting 6' VCP Sewer
380
LF
$290
$1,102.00
$3.00
$1,140.00
$245
$wI.00
6
Clean In and Televise Edsdng 6' VCP Sewer
300
LF
$2.90
$6,670.00
$3.00
$6,9N.00
$280
$5,980.00
7
Clean Inspect, and Televise Exists 10' VCP Sewer
690
LF
$2.90
$ 001.00
$3.00
$ 070.00
$2.70
$1,863.00
8
Clean 1 and Televise Ex 15' VCP Saxer
850
LF
$11.60
$5,610.00
$6.00
$5,100.00
$2.90
.00
9
FRP Rehabilitation of 4' Manholes
2
EA
$4,070.00
$8140.00
$8 000.00
$16 000.00
$3110.00
.00
10
Extra Depth of FRP RehabMation of 4' Manholes
21
VF
$94.00
1974.00
$100.00
$2,100.00
$SDO.00
$10.500.00
11
FRP Rehabililation of 4.S Manholes
8
EA
$4,651.00
$37,208.00
$8,600.00
$52,000.00
$335000
$28,800.00
12
Extra Depth Of FRP Rahab98atim of 4.5' Manholes
65
VF
$11250
$7,312.W
$100.00
$61500.00
$530.00
$34,450,00
13
FRP Rehabilhadon of T Manholes
3
EA
$5148.00
$15,444.00
$7,000.00
$21000.00
$3,560.00
510 680.00
14
Extra De of FRP Rehabilhation of S Manhotes
30
VF
$137.50
$4125.00
150.00
$4,500,00
$555.00
$10.6150.010
15
FRP Rehabilitation of 5.5' Manholes
2
EA
$5,655.00
$1111000
$9 500.00
19 000.00
$3,80o.00
$7,000.00
16
Extra Depth of FRP Rehabilitation of 5.5'Manholes
19
VF
$281.00
$5,339.00
$200.00
$3,110100
$585.00
$11,115.00
17
FRP Rehabilitation of e' Manholes
1
EA
$5,904.00
$5,904.00
$11,000.00
$4,000.00
$4,000.00
18
Extra Depth of FRP Rehabilitation of 6' Manholes
12
VF
$375.00
$4.500.00
$300.00
$3.600.00
$610.00
$7,320.00
19
Rehabilitate Exlsft.Speclal Manholes #13315 with Epoxy
1
EA
$7590.00
$7590.00
$11000.00
$11.0moo
$7670.00
$7,070.00
20
Point Repair of Existinal Sewer
1
EA
$28250.00
$26250.00
$25000.00
$25000.00
000.00
$35000.00
21
Extra of Poled it
50
LF
$.550.00
$27 .00
$50.00
500.00
5690.00
$44,500.00
22
T Characterization of Sedimenta and S
2
FA
$250.00
5500.00
$300.00
$800.00 1
$500.00
$1,000.00
23Disposal
of Toxic Sediment and Sludge Waste
1 10 1
Cy
2.50
$825.00
$80.00 1
$000.001
$70.00
Im.00
24
Trench Safety Measures1
60 1
LF 1
$2.50
$150.00
$0.101
$8.00
526.00
$1680.00
25
Tern=ry Traffic Control
1 I
LS 1
$15625.00
CA0000o
000.00
$13000.00
$13000.00
Page 2 of 4
BID TABULATION FOR SANITARY SEWER TRUNK MAIN REHABILITATION: PROJECT NO.7144171451717517251
TABULATED BY: Angel R. Escobar, P.E., Director of Engineering Services
BID DATE: July 10, 2002 TIME OF COMPLETION: 220 Calendar Days ENGINEER'S ESTIMATE: fe,e261000
Page 3 of 4
BID TABULATION FOR SANITARY SEWER TRUNK MAIN REHABILITATION: PROJECT NO.7144171451717517251
TABULATED BY: Angel R. Escobar, P.E., Director of Engineering Services
BID DATE: July 10, 2002 TIME OF COMPLETION: 220 Calender Days
ENGINEERS ESTIMATE: $5,525,000
1
Mobilbation DemolAzarbn and Bonds 1 LS
,014.00
014.00
10 000.00
10 000.00
500.00
.00
2
lRemme and Replace Exkft 8'DIPNCP Sewer w/8'PVC 1,390LF
$145.00
$201550.00
$70.00
$97.300.00
$140.00
194 .00
3
111emove and Replace Ex1aft Manholes w/ V FRP MH 1 5 1 EA 1
$4.104.001
$20,520.00 1
$5000.00
$25.000.00
$5 580.00
$27 800.00
4
lExtra Dapth of Remm. and Replace. of MH w/ 4' FRP MH 22 VF
$187.50
$4125.00
$100.00
$2200.00
$560.00
5
ITrench Saish, Measures 1 1,390LF 1
$12.501
$17375.00 1
$1.001
$1.390.00
$7.20
$10008.00
e
[Terrocram Traffic Co *d 1 LS
se art A: I on r
Base BM Part B: CIPP Rehabilitation of Street Sewer
1 50.5.00
$818,475.50
$1 .00
$1 .00
1, 43, 1.00
$721,591.00
S1 .00
$1500..
193.00
Base Bid Part C: CIPP RehabilRalbn of Omaha Ddre Sewer
$947 715.50
$1090 1.00
Base B rt I ehaWlilatim of Moore r
180,823.00
1 2, 1.00,587.0
_111t4_7267550.
(1)
TOTAL BASE BID (CIPP Rehabilitation of Sewers)
53,658,154.00
$4,302,333.00
(2)
Total Base Bid Part D: CIPP Rehabilitation of Moore Plaza
Sewer
$160,823.00
$102,581.00
$163,567.50
(3)
Total Alternate Bid Part E: Open Cut Rehabilitation of Moore
Plaza Sewer
$284,089.00
$137,090.00
$248,728.00
4
TOTAL ALTERNATE BID
$3,692,663.00
$4,387A93.50
Special Provision Paragraph A4, "Method of Award," outlines the selection of the lowest bidder and states in part "the bids will
be evaluated based in the following order of priority, subject to availability of funds.
1) Total Base Bid Base Bid Parts A + B + C + D
2) Total Alternative Bid . (Base Bid Parts A + B + C + D) • Total Alternate Bid Part E
The Total Base Bid Price of $3,579,822.50 from Graver Construction, Ltd. Is determined to be the lowest bid for the Sanitary
Sewer Rehabilitation Project using the Special Provision A4 priority.
Amounts shown in shaded cells are after arithmetic correction
Page 4 of 4
OMAHA ST
qUECES BAY
ANTELOPE ST
N
LEOPARD
Z
STAPLES
W. POINT
MOORE
LOCATION t,~IAP
NOT TO SCALE
MOORE PLAZA
PROJECT NO. 7144, 7175, 7145 & 7251
SANZTARY SEWER TRUNK t,~Ar.N REHABILITATION
STAPLES (7144), ANTELOPE (7175), OBAHA (7145)1
& t/~OORE PLAZA (7251)
CITY OF CORPUS CHR STI, TEXAS
EXHIBIT "D"
CZTY COUNCT_L EXHZBZT
DEPARTMENT OF ENGINEERING SERVICES
PAGE: I ol= 1
DATE: 08-09-2002
33
AGENDA MEMORANDUM
DATE: August 20, 2002
SUBJECT: North Navigation Boulevard Pumping Plant Contract Number One:
Two (2) Ten Million-Gallon Storage Tanks (Project # 8313)
AGENDAITEM:
la. Motion authorizing the City Manager, or his designee, to execute a construction
contract with Preload, Inc. of Hauppauge, New York for a total fee not to exceed
$3,765,422 for the North Navigation Boulevard Pumping Plant Contract Number
One: Two (2) Ten Million-Gallon Storage Reservoirs.
lb. Motion authorizing the City Manager, or his designee, to execute a testing services
agreement with Fugro South, Inc. for a total fee not to exceed $31,000 for the North
Navigation Boulevard Pumping Plant Contract Number One: Two (2) Ten Million-
Gallon Storage Reservoirs.
ISSUE: This project will facilitate the abandonment of the Caldwell Pumping Plant and the
Savage Lane Pumping Plant and is necessary to provide increased pressure, flow and
reliability in the downtown service area.
FUNDING: Funds for this project are available in the Water Department's FY 2001-2002
Capital Improvement Budget.
/~OMMENDATION: Staff recommends approval of the motion as presented.
ud/~°Z~E~uardo Garalla; P.E. /~_.r~el R. Escobar, P. E.,
Water Superintendent Director of Engineering Services
Additional Support Material:
Exhibit "A" Background Information
Exhibit "B" Project Budget
Exhibit "C" Bid Tab Summary
Exhibit "D" Location Map
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
SUBJECT: North Navigation Boulevard Pumping Plant Contract Number One:
Two (2) Ten Million-Gallon Storage Tanks (Project # 8313)
PRIOR COUNCIL ACTION:
November 30, 1999 - Motion authorizing the City Manager or his designee to
execute an engineering services contract in the amount of $328,979 with Urban
Engineering for the:
· Savage Lane Pumping Plant Clearwell Replacement Project;
· Downtown Area Hydraulic Analysis; and,
· Water Distribution System Extended Period Simulation (EPS) Model.
July 18, 2000- Motion authorizing the City Manager or his designee to execute
Amendment No. 1 to an agreement to authorize Stage 2 Design/Construction Phase
(Engineering) Services with Urban Engineering for a fee not to exceed $902,250 for
the Savage Lane Pumping Plant Clearwell Replacement Project.
December 19, 2000- Motion authorizing the acquisition of Parcel 1; a 9.853 acre
tract of land located on Navigation Boulevard, south of and adjacent to the Savage
Lane Water Pumping Plant, out of Lot 11, Block 3, Navigation Industrial Park,
Section 2, from the owners of Ear, Nose and Threat Pension Plan, for $120,000 in
connection with the Savage Lane Pumping Plant Clearwell Replacement project
and for other municipal purposes.
January 15, 2002 -Approval of the FY 2001 - 2001 Capital Improvement Budget.
(Ordinance No. 024730).
PRIOR ADMINISTRATIVE ACTION:
July 9, 1999 - Distribution of Request For Qualifications (RFQ) No. 1999-01
(Streets, Storm Water, Wastewater and Water Improvement Projects) to 230 local
architectural and engineering firms.
BACKGROUND INFORMATION:
This project will initiate the abandonment of the Caldwell and Savage Lane Pumping
Plants, necessary due to the age and condition of the existing facilities. To facilitate
construction and continue to service the downtown area, this project will be divided into
three construction contracts:
· Contract One - Two ten million gallon storage reservoirs;
· Contract Two - A new pump station; and
· Contract Three - A 36" diameter water main
When all three of the contracts are complete, it will be possible to abandon the existing
Caldwell reservoir. In previous studies, this reservoir has been found to be structurally
Page 1 of 2
deteriorated and have many leaks. It is expensive to maintain and operate, which limits
its overall efficiency. This contract will provide two (2) Ten Million-Gallon reservoirs to
ensure adequate water supplies. The storage reservoirs will fill up at night while system
water demand is Iow and will provide stored water to the North Navigation pumping station
to supplement water supplies when peak demand occurs. This project is necessary to
provide increased pressure, flow and reliability in the downtown service area and is a
precursor to the construction of a new pumping plant.
PROJECT DESCRIPTION:
This project consists of excavation and backfilling, select matedal foundation, two pre-cast
pre-stressed concrete tanks with steel diaphragm, concrete sidewalk, piping, painting and
miscellaneous items of work required to complete the project in accordance with the plans,
specifications and contract documents.
BID INFORMATION: The project consists exclusively of a base bid. On July 10, 2002, the
City received two (2) proposals with bids ranging from $3,765,422 to $3,963,200. The
Engineer's construction estimate is $6,025,000.
City staff and the City's Engineering Consultant, Urban Engineering, recommend that
based on Iow bid and past satisfactory experience with projects of this nature for the City,
a construction contract be awarded to Preload, Inc. of Hauppauge, New York, in the
amount of $3,765,422 for the North Navigation Boulevard Pumping Plant Contract One -
Two (2) Ten Million Gallon Storage Reservoirs.
Past projects successfully completed for the City by Preload, Inc. include the Staples Street
Pumping Plant - New Pumping Plant & Storage Reservoir Project accepted in January
2001. This project consisted of a 7 % Million Gallon precast prestressed concrete tank
with steel diaphragm, concrete sidewalk, piping, painting, and other miscellaneous items
of work that resemble that proposed project at the North Navigation Boulevard Pumping
Plant location.
CONTRACT TERMS: The contract specifies that the project will be completed in 365
calendar days, with completion anticipated by September 2003.
FUNDING: Funds for this project are available from the FY 2001 - 2002 Water Capital
Improvement Budget.
Page 2 of 2
NORTH NAVIGATION BOULEVARD PUMPING PLANT CONTRACT ONE
TWO (2) TEN MILMON-GALLON STORAGE TANKS
Project No. 8313
PROJECT BUDGET
August 20, 2002
FUNDS AVAILABLE:
FY 2001-2002 Water ClP Fund ................................................................
4,lM9,324.00
FUNDS REQUIRED:
Construction Contract (Preload, Inc) .............................................. $ 3,765,422.00
Contingencies ...................................................................................... 376,542.00
Consultant (Urban Engineering) ............................................................... 194,860.00
Testing (Fugm South) ............................................................................. 31,000.00
Land Acquisition .................................................................................... 120,000.00
Engineering Reimbursements .................................................................. 40,000.00
Administrative Reimbursement ................................................................ 20,000.00
Misc. (Printing/Advertising) ..................................................................... 1,500.00
Total Estimated Budget: $ 4,549~324.00
EXHIBIT"B" J
Page I of I
TABULATION OF BIDS Page 1 of 1
DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS
TABULATED BY: Urban Engineering
naTR• wnAncvAav .n,7v 1n. 7nn2 TTMR oP MNPT.RTTON- 365 Calendar Dave ENGINEER'S ESTIMATE: $6,025,000.00
N. Navigation Blvd. Pumping Plant
PRELOAD, INC.
NATGUN CORP.
Contract 1 - Tw 10 Billion Gallon
60 Commerce Drive
11 Teal Rd.
Storage Reservoirs
Hauppauge, NY
Wakefield, MA
11788
01880
(City Project No. 8313)
ITEM DESCRIPTION QTY. UNITI
AMOUNT
AMOUNT
1. To furnish all labor and
material, tools, and
necessary equipment,
and to perform the work
required for the project
at the locations set out
by the plans and speci-
fications and in strict
accordance with the
contract documents.
TOTAL BASE BID 1 LS
$3,765,422.00
$3,963,200.00
San Patricio County
NUECE$ BAY
N
HWY 44 AGNES
Nueces ,unty
CORPUS
CHRISti
INTERNA110NAL
NRPORT
H 37
BEAR
CORPUS
CHRISTI
BAY
F.M. 43
PROJECT LOCATION
2444
PROJECT No. 8313
LOCATT_ON ~
NOT TO SCALE
EXHZBT_T "D"
North Navigation Boulevard Pumping Plant
Contract One: Two (2) Ten Blllion Gallon
Storage Reservoirs
CITY OF CORPUS CHRISTI, TEXAS
CITY COUNCIL EXHIBIT
DEPAR~ENT OF ~GINEERING S~C~
PAGE: I of 1
~TE: 08-13-2002
34
AGENDA MEMORANDUM
DATE: August 20, 2002
SUBJECT:
North Navigation Boulevard Pumping Plant Contract Number Three:
36" diameter Water Transmission Main (North Navigation Boulevard Pumping
Plant to Caldwell Street Pumping Plant - Project No. 8367)
AGENDAITEM:
la.
Motion authorizing the City Manager, or his designee, to execute a construction
contract with Jalco, Inc. of Houston, Texas, for a total fee not to exceed $3,187,800
for the North Navigation Boulevard Pumping Plant Contract Three - 36' diameter
Water Transmission Main (North Navigation Boulevard Pumping Plant to Caldwell
Street Pumping Plant)
lb.
Motion authorizing the City Manager, or his designee, to execute a testing services
agreement with Fugro South, Inc. for a total fee not to exceed $116,000 for the
North Navigation Boulevard Pumping Plant Contract Number Three: 36"~Diameter
Water Transmission Main (North Navigation Boulevard Pumping Plant to Caldwell
Street Pumping Plant)
ISSUE: This proposed 36" transmission main will extend from the proposed N. Navigation
Blvd. Pumping Plant property to the intersection of Mussett and the Crosstown Service
Road, in the Caldwell Reservoir. Installation of the line is necessary to provide increased
pressure, flow and reliability in the downtown area
FUNDING: Funds for this project are available in the Water Department's FY 2001-2002
Capital Improvement Budget.
RECOI~IMENDATI~N: Staff recommends approval of the motion as presented.
Eduardo Garafta, P.E. ~r~ei R. Escobar, P. E.,
Water Superintendent Director of Engineering Services
Additional Support Material:
Exhibit NA" Background Information
Exhibit ~B" Project Budget
Exhibit NC" Bid Tab Summary
Exhibit "D" Location Map
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
SUBJECT: North Navigation Boulevard Pumping Plant Contract Three - 36" diameter
Water Transmission Main (North Navigation Boulevard Pumping Plant to Caldwell Street
Pumping Plant)
PRIOR COUNCIL ACTION:
November 30, 1999 - Motion authorizing the City Manager or his designee to
execute an engineering services contract in the amount of $328,979 with Urban
Engineering for the:
Savage Lane Pumping Plant Clearwell Replacement Project;
· Downtown Area Hydraulic Analysis; and,
· Water Distribution System Extended Period Simulation (EPS) Model.
July 18, 2000- Motion authorizing the City Manager or his designee to execute
Amendment No. 1 to an agreement to authorize Stage 2 Design/Construction Phase
(Engineering) Services with Urban Engineering for a fee not to exceed $902,250 for
the Savage Lane Pumping Plant Clearwell Replacement Project.
December 19, 2000- Motion authorizing the acquisition of Parcel 1; a 9.853 acre
tract of land located on Navigation Boulevard, south of and adjacent to the Savage
Lane Water Pumping Plant, out of Lot 11, Block 3, Navigation Industrial Park,
Section 2, from the owners of Ear, Nose and Throat Pension Plan, for $120,000 in
connection with the Savage Lane Pumping Plant Clearwell Replacement project
and for other municipal purposes.
January 15, 2002 -Approval of the FY 2001 - 2001 Capital Improvement Budget.
(Ordinance No. 024730).
PRIOR ADMINISTRATIVE ACTION:
July 9, 1999 - Distribution of Request For Qualifications (RFQ) No. 1999-01
(Streets, Storm Water, Wastewater and Water Improvement Projects) to 230 local
architectural and engineering firms.
BACKGROUND INFORMATION:
The proposed 36" diameter water transmission main is one of three components to replace
aging facilities and provide improvements to the downtown area water pressures and
system reliability. The new 36" diameter water main will be installed from the proposed
new North Navigation Boulevard Pumping Plant (adjacent to the existing Savage Lane
Pumping Plant) to the existing water distribution system at the Caldwell Street Pumping
Plant. This project is necessary to provide increased pressure, flow and reliability in the
I EXHIBIT "A"
Page I of 3
downtown service area and is a precursor to the construction of a new pumping plant.
PROJECT DESCRIPTION:
This project consists of excavation and backfilling, installation of:
· approximately 3 miles of 36" water main,
· cathodic protection,
· valving,
· railroad and roadway tunneling, and
· boring
The new pipeline will be located adjacent to and in city streets. Pipe material is to be
concrete bar-wrapped, steel cylinder pipe and pipe will be encased with sand to the
springline (horizontal centerline) in non-paved areas and completely encased with sand in
paved areas. Backfill above pipe in paved areas will be cement-stabilized sand. Pipe will
be provided with corrosion protection, which includes wrapping entire pipe with
polyethylene encasement, joint bonding when required, field test stations and the
Contractor will be required to test the system at pipeline completion to verify performance
of the corrosion protection system.
A materials and inspection services contract is necessary to complete this construction
contract. Estimated testing services during construction will include testing joint welds with
a liquid dye penetrant. A full time Certified Welding Inspector, Level II, will be utilized to
perform the visual and liquid dye penetrant examinations.
BID INFORMATION: The project consists of Base Bid A utilizing Pretensioned Concrete
Cylinder Pipe or Steel Pipe and Base Bid B which utilizes Ductile Iron Pipe. On July 10,
2002, the City received five (5) proposals with bids ranging from $2,844,547.90 to
$4,327,045.00 (Base Bid A only) The Engineer's construction estimate is $3,424,800.00.
The Iow bid, from D&D Cable Services, LTD of Lubbock, Texas, was deemed non-
responsive due an unexecuted bid bond. Besides an invalid bid bond, the contractor
failed to correctly identify the project by name, as required. Therefore, City staff and the
City's Engineering Consultant, Urban Engineering, recommend that based on lowest
qualified bid, past satisfactory experience with projects of this nature, and other previous
construction contracts with the City of Corpus Christi, that a construction contract be
awarded to Jalco, Inc. of Houston, Texas, in the amount of $3,187,800 for the North
Navigation Boulevard Pumping Plant Contract Number Three: 36"-diameter Water
Transmission Main (North Navigation Boulevard Pumping Plant to Caldwell Street Pumping
Plant) for Base Bid A only.
CONTRACT TERMS: The contract specifies that the project will be completed in 365
calendar days, with completion anticipated by September 2003.
~.~E ~lN E ERIN G~ATA 1 ~.H OlVlE~.YN DAS'~E N~WAT E R~fl O RTH NAVIGATION PLAN~'~8367 - N NAVIC~TION CONTRACT 3~SACKGROUNO.OOC
I EXHIBIT "A"
Page 2 of 3
FUNDING: Funds for this project are available from the FY 2001 - 2002 Water Capital
Improvement Budget.
Page 3 of 3
NORTH NAVIGATION BOULEVARD PUMPING PLANT CONTRACT THREE
36' DIAMETER WATER TRANSMISSION MAIN
Project No. 8367
PROJECT BUDGET
August 20, 2002
FUNDS AVAILABLE:
FY 2001-2002 Water CIP Fund ................................................................
4;324,044.00
FUNDS REQUIRED:
Construction Contract (Jalco, Inc) ............................................................. $
Contingencies ......................................................................................
Consultant (Urban Engineering) ...............................................................
Testing (Fugm South) .............................................................................
Land Acquisition ....................................................................................
Engineering Reimbursements ..................................................................
Administrative Reimbursement ................................................................
Misc. (Printing/Advertising) .....................................................................
Total Estimated Budget: $
3,187,800.00
318,780.00
519,964.00
116,000.00
120,000.00
40,000.00
20,000.00
1,500,00
4,324,044.00
L EXHIBIT"B' J
Page 1 of 1
TABULATION OF BIDS
DEPARTT4ENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS
TABULATED BY: Urban Engineering
n.HE: Nedaeeday, July 10, 2002 TINE OF COMPLETION: 365 calendar Days INGIN6ER•6 ESTDAT8: $3,424,800.00
Page 1 of 3
Contract f - so- pia. Massa, aaneiasim win
la. Mvigatdae algid. lupiag Plant
so ealaaali at. Fa°Piag F1ant1
(City Project No. 6367q
JALCO, INC.
P. 0. Bax 27368
Houstc0, TX
77227
GARVER CONST., LTD.
5402 L. mdale
Houston, TX
99023
W. T. YOUNG
P. O. Box 9197
corpus Christi, TX
78469
S S LOUIS CONST., LLP
P. 0. Box 834
MaDefield, TX
76063
c 'S,
8004 York Ave.
Lubbock, TX
79424
UNIT
UNIT
UNIT
UNIT
ITEM
DESCRIPTION
I Cry.
UNIT
PRICE
AMOUNT
PRICE
AMOUNT
PRICE
AMOUNT
PRICE
AMOUNT
BA9E
BID "A" - Pialmsiensd Cmefete
4ylindas
pips
x Beal
Yips
A-1
36" Transmisefoa main
15300
LF
148.00
$2,264,400.00
150.90
$2,308,770.00
149.00
$2,279,700.00
206.00
$3,151,800.00
117.63
$1,199,739.00
A-2
36" 0.1° to 5.0• Pipe Bevel
50
EA
30.00
$1,500.00
25.00
$1,250.00
4,130.00
$206,500.00
50.00
$2,500.00
275.88
413,794.00
A-3
36. 5.1° to 11.25° Pipe Bend
68
EA
1,200.00
$81,600.00
1,150.00
$78,200.00
5,487.00
$373,116.00
1,200.00
$81,600.00
1,440.25
$97,937.00
A-4
36" 11.20 to 22.5° Pipe Bend
10
EA
1,200.00
$12,000.00
1,150.00
$11,500.00
5,467.00
$54,870.00
1,200.00
$12,000.00
1,440.25
$14,402.50
A-5
36" 22.6° to 45° Pipe Band
10
EA
1,700.00
$17,000.00
1,580.00
$15,800.00
6,490.00
$64,900.00
1,630.00
$16,300.00
1,885.30
$18,853.00
A-6
36. 45.1° to 67.5° Pipe Bend
1
EA
2,200.00
$2,200.00
2,020.00
$2,020.00
6,962.00
$6,962.00
2,100.00
$2,100.00
2,340.10
$2,340.70
A-7
36^ 67.6' to 90• Pipe Bend
5
EA
2,600.00
$13,000.00
2,350.00
411,750.00
6,962.00
$34,810.00
2,500.00
$12,500.00
2,682.25
$13,411.25
A-8
36" x 36" x lee Tee
1
EA
700.00
$700.00
741.00
$741.00
6,962.00
$6,962.00
800.00
$800.00
916.54
$916.54
A-9
36" din. Butterfly valves
1
EA
9,200.00
49,200.00
11,038.00
$11,038.00
12,000.00
$12,000.00
9,000.00
$9,000.00
8,184.32
$8,184.32
A-10
36^ x 30e Reducer
1
EA
1,700.00
$1,700.00
1,748.00
$1,748.00
5,970.00
$5,970.00
1,700.00
$1,700.00
1,823.20
$1,623.20
A-11
36" x 18" Redumat
2
EA
1,800.00
$3,600.00
1,909.00
$3,816.00
5,782.00
$11,564.00
1,600.00
$3,600.00
3,686.20
$7,372.40
A-12
36" x 30• Tapping sleeve
1
EA
16,000.00
$16,000.00
8,073.00
$8,073.00
9,642.00
$9,642.00
15,000.00
$15,000.00
11,655.60
$17,655.60
A-13
20" x le" Tapping sleeve
2
EA
7,500.00
$15,000.00
4,436.00
$8,872.00
5,910.00
$11,820.00
2,500.00
$5,000.00
5,277.00
$10,554.00
A-14
30" Tapping valve
1
EA
28,000.00
$28,000.00
33,231.00
$33,231.00
38,760.00
$38,760.00
28,500.00
$28,500.00
27,802.65
$27,802.65
A-15
18• Tapping valve
2
EA
9,000.00
$18,000.00
12,499.00
$24,998.00
12,862.00
$25,724.00
18,500.00
$37,000.00
8,294.02
$16,588.04
A-16
54" dia. Casing inet. by
Tunneling or Boring
363
LF
500.00
$181,500.00
442.00
$160,446.00
647.00
$234,861.00
615.00
$223,245.00
410.57
$149,036.91
A-17
Air Release chamber
23
EA
4,500.00
$103,500.00
5,942.00
4136,666.00
10,958.00
$252,034.00
9,000.00
$207,000.00
4,150.12
$95,452.76
A-18
Blue -off valve
14
EA
7,000.00
$98,000.00
6,894.00
$96,516.00
10,000.00
$140,000.00
7,700.00
$107,800.00
5,631.44
$78,840.16
A-19
Guard Passe
10
EA
350.00
$3,500.00
144.00
$1,440.00
472.00
$4,720.00
.200.00
$2,000.00
100.00
$1,000.00
A-20
metal Past aleb sign
10
EA
75.00
$750.00
184.00
$1,840.00
400.00
$4,000.00
80.00
$800.00
83.64
$836.40
A-21
6" Lim stebltized $ubgrads
500
BY
8.00
$4,000.00
4.00
$2,000.00
7.00
$3,500.00
25.00
$12,500.00
26.40
$13,200.00
A-22
8• Lime stabilized subgrade
500
SY
11.00
$5,500.00
5.00
$2,500.00
9.00
$4,500.00
35.00
$17,500.00
26.40
$13,200.00
A-23
8" Flexible Use
500
SY
8.00
44,000.00
4.00
$2,000.00
12.00
46,000.00
7.00
43,500.00
26.40
413,200.00
A-24
10" Flexible Base
500
Sy
10.00
$5,000.00
5.00
$2,500.00
16.00
$8,000.00
9.00
$4,500.00
44.00
$22,000.00
A-25
14, Flexible Base
500
BY
14.00
$7,000.00
8.00
$4,000.00
24.00
$12,000.00
14.00
$7,000.00
44.00
$22,000.00
A-26
1-1/2" Type "D^ HmAC P 1.
500
BY
6.00
$3,000.00
4.00
$2,000.00
11.00
$5,500.00
5.00
$2,500.00
95.08
$47,540.00
A-27
2• Type "- roma, Perot.
500
SY
7.00
$3,500.00
5.00
$2,500.00
9.00
$4,500.00
6.00
$3,000.00
95.07
$47,535.00
A-28
5" Type •B• H m Peat.
500
SY
15.00
$7,500.00
8.00
$4,000.00
24.00
$12,000.00
16.00
$8,000.00
95.07
$47,535.00
A-29
Disposal of Contaminated $oil
500
CY
40.00
$20,000.00
1.00
$500.00
36.00
$18,000.00
20.00
$10,000.00
10.00
$5,000.00
A-30
Deeatering
2000
LF
5.00
$10,000.00
0.01
$20.00
30.00
$60,000.00
35.00
$70,000.00
5.00
$10,000.00
A-31
Trmah safety
15300
LF
0.50
$7,650.00
1.00
$15,300.00
2.00
$30,600.00
1.00
$15,300.00
0.50
$7,650.00
-am
0) V
CD
N r
O
M
CA) C5
TABULATION OF BIDS
DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS
TABULATED BY: Urban Engineering
DAT%: Nedneeday' Slily 10, 2002 TINE OF COKPLETION: 365 Calendar Days ENGINEER'S ESTDMTE: $3,424,800.00
Page 2 of 3
xmtreat a - 36^ a". Rates Tsaemleeien AkLa
JALCO, INC.
GARVER CONST.
W. T. YOUNG
S J LOUIS CONST., LLP
6 ,
(R. Batigetion Blvd. rsping 13aat
P. O. Box 27368
5402 L.dile
P. 0. Box 9197
P. 0. Box 834
8004 York Ave.
m Caldwell St. Peefng Plant)
Nous ton, TX
Houston, TX
Corpus Christi, TX
Mansfield, TX
Lubbock, TX
7]22]
71,023.00
78469
76063
79424
(CICY Proj act No. 03671
UNIT
UNIT
UNIT
UNIT
ITEM
DESCRIPTION
QTY.
UNIT
PRICE
AMOUNT
PRICE
AMOUNT
PRICE
AMOUNT
PRICE
AMOUNT
A-32
Aron Bucaa®enc
100
LF
60.00
$6,000.00
33.00
$3,300.00
120.00
$12,000.00
150.00
$15,000.00
25.00
$2,500.00
A-33
valve Vault
1
LS
140,000.00
$140,000.00
121,156.00
$121,156.00
140,916.00
$140,916.00
113,000.00
$113,000.00
123,347.47
$123,347.47
A-34
Thrust Blocking
100
SF
50.00
$5,000.00
25.00
$2,500.00
145.00914,500.00
50.00
$5,000.00
3.00
5300.00
A-35
Utility Adjustment
9
EA
1,500.00
513,500.00
3,795.00
$39,155.00
4,012.00
S3fi,308.00
5,000.00
945,000.00
2,000.00
$18,000.00
A-36
Utility Allowance
1Nandatony Allaxes ,
1
LS
75,000.00
975,000.00
75,000.00
575,000.00
75,000.00
$75,000.00
75,000.00
375,000.00
75,000.00
375,000.00
$3,1B7,BBd.DD
$3,192,148.00
$4,222,039.00
94,32],045.00
$2,844,347.90
TtlfAL 80.4 HID "A"
*
+
* a **
Indicatms exrox in bid - value
Shawn is
co
rent.
+*
i*
Indieates bid Ras nen-xeepeneive
dam to
the
bid bend Submitted
was not
executed
by the Contractor
and it
also did net identify
the
project by namm,
as raquired.
BID "A^ D TIVB ALTp¢1AT8
-D1
Replace 5.1° to 11/25° Bend with
0° co 5° Bovet
62
EA
-800.00
-$49,600.00
-1,243.00
-$77,066.00
0.00
$0.00
-1,130.00
-$70,060.00
1,169.55
$72,512.10
$3,138,200.00
$3,113,082.00
$4,222,039.00
$4,286,983.00
$2,917,080.00
TOTAL BABE BID "A" R/ DID. ALTSR9ATB
BAER
8M "8"— Ductile I. Pipe
NO BID
NO BID
B-1
36" she. Traaamission Win
15300
LF
150.06
$2,295,918.00
141.00
$2,157,300.00
110.65
$1,692,945.00
B-2
36" dia. 11-1/4° Pipe Bend
68
Ea
3,384.00
$230,112.00
5,350.00
$363,800.00
3,752.02
$255,137.36
B-3
36" dia. 22-1/2° Pipe Bend
11
EA
4,445.00
$48,895.00
61604.00
472,644.00
4,851.16
$53,362.76
B-4
36" dia. 45° Pipe Bead
9
EA
4,095.00
$36,855.00
6,190.00
$55,710.00
4,488.29
$40,394.61
B-5
36" dia. 90° Pipe Bend
6
EA
3,968.00
$23,808.00
6,400.00
$38,400.00
4,356.90
$26,141.40
B-6
36" x 36" x 18" Tee
1
EA
5,197.00
$5,197.00
7,482.00
$7,482.00
4,927.61
$4,927.61
B-7
36" Butterfly valve
1
EA
11,038.00
$11,038.00
12,000.00
$12,000.00
8,184.58
$8,184.58
B-8
36" x 30" Reducer
1
EA
4,492.00
$4,492.00
6,000.00
$6,000.00
4,293.22
$4,293.22
-9
36" x 1e" Reducer
2
EA
4,096.00
$8,192.00
3,481.00
$6,962.00
3,936.99
$7,873.98
B-10
36" x 30" Tapping Sleave
1
EA
8,073.00
$8,073.00
10,150.00
$10,150.00
10,266.12
$10,266.12
-11
20" x 18" Tapping sleeve
2
EA
4,436.00
$8,872.00
10,460.00
$20,920.00
6,992.14
$13,984.28
B-12
30" Tapping Valve
1
EA
33,231.00
$33,231.00
38,880.00
$38,880.00
27,802.65
$27,802.65
B-13
10" respite valve
2
EA
12,499.00
$24,998.00
12,980.00
$25,960.00
8,294.02
416,588.04
B-14
54" dia. Casing lust. by
Tunneling or Boring
363
LF
442.00
4160,446.00
647.00
$234,861.00
410.57
$149,036.91
8-15
Air Release chamber
23
EA
5,317.00
$122,291.00
10,723.00
$246,629.00
3,875.33
589,132.59
TABULATION OF BIDS
DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS
TABULATED BY: Urban Engineering
LATE: Wednesday, Tiny 10, 2002 TII4 OF ofeWLETION: 365 Calandat Day. ENGINEER'S ESTIMATE: $3,424,900.00
Page 3 of 3
cetraet 9 - $4" Dfa. poet svrammb.fe Nada
JALCO, INC.
GARVER CONST.
W. T. YOUNG
5 J LOUIS CONST., LLP
L 0 CABLE SVCS, LTD
OF. •a"tien •lad. Wumpia9 plant
P. 0. Bax 27368
5402 LaNndale
P. 0. Box 9197
P. 0. Box 834
8004 York Ave.
Te Caldemll St. ruS,1W Fant)
Houston, TX
Houston, TX
Corpus Christi, TX
Mansfield, TX
Lubbock, TX
77227
71,023.00
78469
76063
79424
(City Project No. 6367
UNIT
UNIT
UNIT
UNIT
ITEM
DESCRIPTION
QTY.
UNIT
PRICE
AMOUNT
PRICE
AMOUNT
PRICE
AMOUM
PRICE
AMOUNT
B-16
Bl-.ff valva
14
EA
6,126.00
$85,764.00
10,266.00
$143,724.00
4,933.04
$69,062.56
B-17
Ward Poet
10
EA
144.00
$1,440.00
472.00
$4,720.00
133.64
$1,336.40
B-18
Metal Post witb Sign
10
EA
164.00
$1,840.00
400.00
$4,000.00
83.64
$836.40
B-19
6" Lime Stabilized Subgrade
500
SY
4.00
$2,000.00
7.00
$3,500.00
28.47
$14,235.00
B-20
e" Lime stabilized 9vb9rada
500
SY
5.00
$2,500.00
9.00
$4,500.00
20.41
$14,235.00
B-21
S" flexible vase
500
SY
4.00
$2,000.00
12.00
$6,000.00
28.41
$14,235.00
B-22
10" Flexible Baa.
500
SY
5.00
$2,500.00
16.00
$8,000.00
46.07
$23,035.00
B-23
34" Flexible Base
500
SY
0.00
$4,000.00
24.00
$12,000.00
46.07
$23,035.00
B-24
1-1/2^ Type "D" N Prat.
500
BY
4.00
$2,000.00
11.00
$5,500.00
97.15
$48,575.00
B-25
2" Type D. BTPC print.
500
SY
5.00
$2,500.00
9.00
$4,500.00
97.14
$4B,570.00
B-26
5" Type "B" w9C Peet.
500
SY
8.00
$4,000.00
24.00
$12,000.00
97.14
$48,570.00
B-27
Disposal of coatavacated Soil
500
CY
1.00
$500.00
36.00
$18,000.00
10.00
$5,000.00
B-28
Dexateti.,
2000
LF
0.01
$20.00
30.00
$60,000.00
5.00
$10,000.00
B-29
Trench Safety
15300
LF
1.00
$15,300.00
2.00
$30,600.00
0.50
$7,650.00
B-30
A« Bn-seen[
100
IF
33.00
$3,300.00
120.00
$12,000.00
25.00
$2,500.00
B-31
valve vault
1
LS
121,156.00
$121,156.00
140,900.00
$140,900.00
123,344.86
$123,344.86
B-32
Thrust Blocking
100
SF
25.00
$2,500.00
145.00
$14,500.00
3.00
$300.00
B-33
Utility Adj-tenet
9
EA
3,795.00
$34,155.00
4,012.00
$36,108.00
2,000.00
$18,000.00
-34
Utility Alloxan-
(pvdstory Alloxavice)
1
LS75,000.00
$75,000.00
75,000.00
$75,000.00
75,000.00
$75,000.00
$3,384,893.00
$3,893,250.00
TOTAL HA98 BsBs
ID
NO RID
NO BID
*
LvdieaCN error is bid - value
Shown
L ...rept.
++
indicates bid wan von-x..epodive
due
to the
bid bond submitted
was net
ex4aroteJ.
by thin Contractor
and it
aline did not identity
thin
project by naam,
as required.
San Patricio County
NUECES BAY
N
HWY 44 AGNES
H 37
CORPUS
CHRlSll
INTERNATIONAL BEAR
AIRPORT
BEN GARZA PARK
CORPUS
CHRIS~
BAY
F.M. 43
PROJECT LOCATION
FM 2444
PROJECT No. 8367
LOCATION I~JAP
NOT TO SCALE
EXHZB~T "D"
North Navigation Boulevard Pumping Plant
Contract Three: 36' Dla~eter Water Trans-
mission ~laln (North Navigation Blvd. Pump-
1rig Plant to Caidwell Street Pumping Plant)
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
C/'TY COUNCIL EXHIBIT
PAGE: I of 1
DATE: 08-13-2002
35
AGENDA MEMORANDUM
August 20, 2002
SUBJECT:
Property Acquisition for McArdle Road Street Improvements, Phase 3.
Everhart Road to Holmes Drive (#6146)
Bond Issue 2000, Project No. C-6
AGENDA ITEM: Motion authorizing the City Manager of his designee to execute Real
Estate Sales Contracts with:
a. Jesse David Bebout,Jr. in the amount of $85,300 plus $1,500 in closing costs
and relocation assistance not to exceed $22,500 for Parcel 3.
b. Irma Noemi Garcia in the amount of $83,500 plus $1,500 in closing costs and
relocation assistance not to exceed $22,500 for Pamel 4.
c. Mary Pe~a in the amount of $72,000 plus $1,500 in closing costs and
relocation assistance not to exceed $22,500 for Parcel 5.
d. Benjamin De La Rosa and wife, Eunice De La Rosa in the amount of $65,000
plus $1,500 in closing costs and relocation assistance not to exceed $22,500
for Parcel 6.
e. Anita Carrel Frees-Foster in the amount of $63,000 plus $1,500 in closing
costs and relocation assistance not to exceed $5,250 for Parcel 7.
f. Becky Fair in the amount of $68,000 plus $1,500 in closing costs and
relocation assistance not to exceed $22,500 for Parcel 13.
g. Richard T. Lopinto and wife, Gwen F. Lopinto in the amount of $81,000 plus
$1,500 in closing costs and relocation assistance not to exceed $22,500 for
Parcel 14.
h. Juan Ledesma and wife, Dahlia Ledesma in the amount of $83,000 plus
$1,500 in closing costs and relocation assistance not to exceed $22,500 for
Parcel 15.
all necessary for the McArdle Road Street Improvement Project, Phase 3, (#6146), Bond
Issue 2000, Project No. C-6, and for other municipal purposes.
ISSUE: The McArdle Road Street Improvement project was approved by the voters in the
November 7, 2000 referendum. Acquisition of sixteen (16) residential properties are
needed for the reconstruction and widening of a section of McArdle Road, along the south
dght of way line, between Everhart Road and Holmes Drive. To date, staff has negotiated
the purchase of eight properties for fee simple title together with all improvements.
Relocation assistance benefits for displaced homeowners and tenants are also required
by City Council Resolution No. 11809.
REQUIRED COUNCIL ACTION: Contracts in excess of $25,000 require City Council
approval.
FUNDS: Funding available in the FY 01-02 Capital Improvement Budget
RECOMMENDATION: Approval of the motion as presented.
P. E.
Director of Engineering Services
Attachments:
Exhibit A.
Exhibit B.
Exhibit C1.
Exhibit C2.
Exhibit D.
Background Information
Project Map
Parcel Map
Parcel Description
Contract Summary
H:\HOME\EUSEBIOG\GEN~Agenda Items'WIcArdle Rd St Imps.8 i~arcels~A-genda Memorandum.doc
BACKGROUND INFORMATION
SUBJECT:
Property Acquisition for McArdle Road Street Improvements, Phase 3.
Everhart Road to Holmes Drive (#6146)
Bond Issue 2000, Project No. C-6
PRIOR COUNCIL ACTION:
November 14, 2000 - Ordinance canvassing retums and declaring the results of the
Special Election held on November7, 2000, in the City of Corpus Chdsti for the
adoption of seven propositions; adopting and levying a sales and use tax pursuant
to Section 4A of the The Development Corporation Act as approved by the voters
in Propositions 4 and 5. (Ordinance No. 024269)
March 27, 2001 - Motion authorizing the City Manager or his designee to execute
an engineering services contract in the amount of $229,195 with Govind and
Associates, Inc. for the Street Improvements at McArdle Road, Phase 3 from
Everhart Road to Holmes Drive. (Motion No. M2001-124)
February 261 2002 - Motion authorizing the City Manager or his designee to execute
a contract amendment granting permission for Govind E.C. to assume all the
obligations and duties of engineering contracts between the City of Corpus Christi
and Govind & Associates, Inc. (Motion No. M2002-059)
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
OVERVIEW:
Background: On November 7, 2000, the City of Corpus Christi held an election to
consider a number of ballot propositions to fund major capital improvements for the
community. This Bond Issue 2000 package included $30.8 million in projects of
various kinds. The McArdle Street Improvement Project, Bond Issue Project No. C-
6, was included in this package. This project involves reconstruction and widening
2800 linear feet of McArdle Road from Everhart Road to Holmes Drive as shown on
Exhibit B. This street improvement project also involves the removal of all existing
curbs and gutters, driveways, sidewalks and the construction of a new street, 67
feet wide, to accommodate two moving lanes in each direction and a center left turn
lane. Sidewalks and intersection ramps will comply with ADA requirements. The
installation of an additional storm sewer line, water line, street lighting and other
appurtenances are also included.
Exhibit A
1 of 2
Land Acquisition: In order to facilitate the proposed improvements and
accommodate the wider roadway, the complete acquisition of approximately 16
residential properties is required along the south right of way line of McArdle Road.
John A. Erickson, SPA and Marion F. Curington, ASA, independent contract
appraisers appraised each property. The appraisals were presented to the
landowners as required by law and negotiations were commenced for fee simple
rights to the properties. A typical summary of the Real Estate Sales Contract is
attached as Exhibit D. The closings for the first eight parcels will be distributed as
shown on the table below. The closings for the sixteen acquisitions will be
distributed as follows: First American Title Co. - 5 parcels, Stewart Title Co. - 5
parcels, and San Jacinto Title Co. - 6 parcels.
Parcel No. Owner Sales Price Title Company
3 Jesse David Bebout $85,300 First American Title
4 Irma Noemi Garcia $83,500 Stewart Title
5 Mary Pet~a $72,000 First American Title
6 Benjamin De La Rosa, et ux $85,000 San Jacinto Title
7 Anita Carrol Frees-Foster $63,000 Stewart Title
13 Becky Fair $68,000 Stewart Title
14 Richard T. Lopinto $81,000 Stewart Title
15 Juan Ledesma, et ux $83,000 San Jacinto Title
Relocation Benefits: On November 28, 1983, the City Council approved
Resolution No. 11809 which adopted the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970. This resolution establishes the policy for
relocation of homeowners, tenants and businesses, which are displaced as a result
of a City project. Persons occupying the subject property a minimum of 90 days
pdor to the initial offer qualify for assistance. In addition, the displaced person must
be give a minimum of 90 days to move out after replacement housing is found. A
one year time limit is given to obtain replacement housing.
Monetary limits for relocation assistance are set by federal guidelines. A maximum
of $22,500 is available for homeowners, $20,000 for businesses and $5,250 for
tenants which would cover moving expenses and purchase assistance for
replacement housing. For moving expenses, the displaced person would choose
between a self-move or one provided by an independent moving company.
Payment for a self-move would be based on a payment schedule dependent on the
number of rooms in the home or rooms of furniture to be moved.
Purchase assistance would involve purchase pdce differential, mortgage interest
differential, and incidental expenses involved in a replacement home. The purchase
pdce differential is the difference between the sales pdce of the home and the cost
of a comparable replacement home. The mortgage interest differential is the
amount needed to cover increased mortgage costs due to a higher interest rate and
other debt service costs. The incidental expenses reimbursement would cover
those extra costs involved in purchasing replacement housing such as closing,
inspection, appraisal, and loan costs.
H:\HOME\EUSEBIOG\GEN~Agenda Items~vlcArdle Rd St Imps.8 parcels\Background.doc
Exhibit A
2 of 2
3EAR
F.U. 43
PROJECT tl 6146
STREET IMPROVEMENTS ON McARDLE ROAD
FROM EVERHART ROAD TO HOLMES DRIVE
(Bond Issue Project C6)
CORPUS CHRIST BAY
PROdECT LOCATr. ON
EXHIBIT B
CZTY COUNCIL EXHIBZT
~EPARITViF_.~IT OF F_NGINEERING SER1/ICES
CITY OF CORPUS CHRISTI, TE}¢~S
PAGE: I of 1
DA~: 02/21/2001
_=~ McARDLE RD. $~i IMPS. PHASE 3
BOND 2000 PROJECT NO. C 6
EVERHART RD. TO HOLMES DR.
CITY COUNCIL EXHIBIT
Dept. of Engineering Services
08-14-02
PARCEL DESCRIPTION
Parcel Owner Legal Address Sales Price
3 Jesse David Bebout, Jr. Mount Vemon, 4901 Wynona Drive $85,300 plus
Block 1, Lot 11 $1,500 closing
4 Irma Noemi Garcia Mount Vernon, 4902 Wynona Drive $83,500 plus
Block 2, Lot 13 $1,500 closing
5 Mary Pefia Mount Vernon, 4901 Willowbrook Dr. $72,000 plus
Block 2, Lot 12 $1,500 closing
6 Benjamin De La Rosa, et Mount Vernon, 4902 Willowbrook Dr. $65,000 plus
ux Block 3, Lot 8 $1,500 closing
7 Anita Carrol Frees-Foster Mount Vemon, 4901 Waltham Drive $63,000 plus
Block 3, Lot 7 $1,500 closing
13 Becky Fair Mount Vernon #2, 4901 Wexford Drive $68,000 plus
Block 6, Lot 14 $1,500 closing
14 Richard T. Lopinto Mount Vernon #2, 4902 Wexford Drive $81,000 plus
Block 7, Lot 1 $1,500 closing
15 Juan Ledesma, et ux Mount Vernon #2, 4901 Andover Drive $83,000 plus
Block 7, Lot 24-R $1,500 closing
TOTAL $612,800
H:\HOME\EUSEBIOG\GEN~Agenda ltemshMcArdle Rd St lmps.8 parcels~PARCEL DESCRIPTION.doc
Exhibit C2
CONTRACT SUMMARY
Project #6146: McArdle Road Street Improvements, Phase 3 (Everhart to Holmes)
The following contract terms are typical for all acquisitions associated with this
council agenda item. Relocations benefits will be paid separately as these
expenses are incurred by the landowner/tenant.
2.
3.
4.
10.
11.
12.
Legal Description
Purchase Price
Seller to provide title insurance at Buyer's expense.
Seller will deliver, at Buyer's expense, a good and sufficient General Warranty
Deed.
All taxes to be paid by Seller, up to and including 2001. Taxes for 2002 will be
prorated between Buyer and Seller.
Buyer agrees to deposit $500 Earnest Money at the Title Company, which Seller
may keep as liquidated damages should Buyer fail to consummate contract as
specified, or Seller may seek to enforce specific performance of contract.
Buyer accepts title subject to all outstanding restrictive covenants, use restrictions
and zoning and regulatory ordinances.
Transaction to be closed on or before 90 days from the date of the contract. Seller
acknowledges that Seller has read the agreement, and it is not binding until
approved by the City Council and signed by the City Manager within 60 days of the
contract date.
The contract will survive the closing of the sale and delivery of the General
Warranty Deed and other conveyance documents.
Acquisition is under the threat of eminent domain proceedings.
Seller agrees to vacate the premises within 120 days from the date of closing.
Time is of the essence in closing this transaction.
H:\HOME\EUSEBIOG\GEN~Agenda Items\McArdle Rd St Imps.8 parcels\Contract Sumrnaw.doc
Exhibit D
36
AGENDA MEMORANDUM
August 20, 2002
AGENDA ITEM:
An ordinance prescribing the taxes to be levied, assessed, and collected by the City of Corpus
Christi, Texas for tax year 2002 and for each succeeding year thereafter until otherwise
provided and ordained and such other years as the same may be applicable.
Issue:
The Texas Property Tax Code states that the governing body of the taxing unit should adopt
a tax rate before the later of September 30 or the 60th day after the taxing unit receives the
appraisal roll. The rate will be comprised of two components: the rate needed to support the
city's debt service and the rate needed to support the city's maintenance and operation
expenditures for FY 2002-2003.
Prior Council Action:
· Tuesday, July 23, 2002 - City Council adopted the City budget for FY 2002-2003 based
on the proposed tax rate of $.6441745 per $100 valuation.
Future Council Action:
· Tuesday, August 27, 2002 - Second reading of ordinance prescribing taxes to be levied.
· Tuesday, August 27, 2002 - Council approval of the 2002 tax levy.
Required Council Action:
· Adoption of ad valorem tax rate by ordinance.
Recommendation:
Staff recommends that the City Council adopt an ad valorem tax rate of $.6441745 per $100
valuation for tax year 2002 to support maintenance and operation and debt service.
Lee A~nn Dumbauld
Director of Financial Services
Additional Support Material:
Exhibit A Background Information
Agenda/tax
BACKGROUND iNFORMATION
The Texas Property Tax Code states that the governing body of the taxing unit should adopt
a tax rate by September 30, or the 60th day after the taxing unit receives the appraisal roll,
whichever is later. The rate will be comprised of two components: the rate needed to support
the City's debt service and the rate needed to support the City's maintenance and operation
expenditures for FY2002-2003. The proposed tax rate on $100 valuation for the City of
Corpus Christi for tax year 2002 follows:
$.4600308 for purpose of maintenance and operation
$.1841437 for payment of principal and interest on debt
$.6441745 Total Tax Rate
As required by the Code, the City published the effective tax rate on Sunday, August 4, 2002
in the Corpus Christi Caller-Times. The effective tax rate is generally equal to the prior year's
tax revenues divided by the current year's taxable values of properties that were on the tax
roll in both years. The effective tax rate excludes taxes on properties no longer in the taxing
unit and also excludes the current taxable value of new properties. For tax year 2002, the
effective tax rate is $0.627119/$100 valuation. The proposed tax rate of $0.6441745/$100
valuation does not exceed 103% of the effective tax rate therefore the City is not required to
conduct a public hearing. Although the proposed tax rate did not change from 2001, the
effective increase is $0.017056/$100 valuation, equivalent to a $1,153,220 increase in tax
revenues from 2001.
The City's 2002 net taxable value is $8,426,656,727, which is $397,331,672 above last
year's 2001 certified value of $8,029,325,055. This value produces an ad valorem tax levy
of $54,282,374, which is $2,559,509 greater than last year.
Agenda~ax
AN ORDINANCE
PRESCRIBING THE TAXES TO BE LEVIED, ASSESSED AND
COLLECTED BY THE CITY OF CORPUS CHRISTI, TEXAS, FOR TAX
YEAR 2002 AND FOR EACH SUCCEEDING YEAR THEREAFTER UNTIL
OTHERWISE PROVIDED AND ORDAINED AND SUCH OTHER YEARS
AS THE SAME MAY BE APPLICABLE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. The City Council of the City of Corpus Christi does hereby levy and adopt the
tax rate on $100 valuation for this city for tax year 2002 as follows:
$.4600308 for purpose of maintenance and operation
$. 1841437 for payment of principal and interest on debt
$.6441745 Total Tax Rate
SECTION 2. That there is hereby levied, to be assessed and collected in current money of
the United States of America, for the use of the City o£Corpus Christi, Texas, for the year 2002, and
for each succeeding year thereafter, until otherwise provided and ordained, an annual ad valorem tax
of $.4600308 on each One Hundred Dollar value thereof, on all property, real, personal and mixed,
located within the said City of Corpus Christi, upon which a tax is authorized to be levied by law,
and upon all franchises of all individuals, parmers and corporations holding franchises in the City
for defrayment of current expenses of the government, including but not limited to street
improvement of said City. Said tax shall be assessed upon 100 percent of the market value of
property subject thereto.
SECTION 3. That there is hereby levied, to be assessed and collected in current money of
the United States of America, for the use of the City of Corpus Christi, Texas, for the year 2002 and
for each succeeding year thereafter, until otherwise provided and ordained, an annual ad valorem tax
of $. 1841437 on each One Hundred Dollars value on all property, real, personal, and mixed, and
franchises described in Section 2 of this ordinance and assessed upon 100 percent of the market
value of property subject thereto, said taxes to be appropriated for the purpose of creating a sinking
fund to pay the interest and principal maturities on all outstanding City of Corpus Christi bonds not
otherwise provided for, and including the interest, agent fees, and maturities of the following City
of Corpus Christi bonds:
H:\LEG-DIR\jimrny\WPDOCS\FINANCEL2JRB 1000 501 .wpd(dkw) 1
GENERAL OBLIGATION BONDS AND INTEREST
MATURING AUGUST 1, 2002 - JULY 31, 2003
Principal Interest & Fees Total
1987 General Obligation $ 2,991,927.20 $ 6,883,072.80 $ 9,875,000.00
1993 Certificates of Obligation 80,000.00 33,550.00 113,550.00
1993 General Obligation 1,405,000.00 663,543.00 2,068,543.00
1994A Certificates of Obligation 125,000.00 27,837.50 152,837.50
1994B Certificates of Obligation 175,000.00 32,212.50 207,212.50
1995 Certificates of Obligation 525,000.00 331,181.24 856,181.24
1995 General Obligation 1,150,000.00 1,505,585.00 2,655,585.00
1995A General Obligation 85,000.00 43,870.00 128,870.00
1995B General Obligation 400,000.00 291,207.50 691,207.50
1996 Certificates of Obligation 175,000.00 82,100.00 257,100.00
1998 Certificates of Obligation 1,125,000.00 341,212.50 1,466,212.50
2000 Certificates of Obligation 500,000.00 696,065.00 1,196,065.00
2001 General Obligation 0 2,010,143.76 2,010,143.76
200lA General Obligation 0 567,000.00 567,000.00
$ 8.736.927.20 5; 13.508.580.80 5; 22.245.508.99
In addition to the ad valorem tax levy totaling $54,282,374, the balance of this debt, if any,
incurred by the City of Corpus Christi shall be funded from sources other than ad valorem taxes.
SECTION 4. That all taxes for the year 2002 hereby levied shall be due on receipt
of the tax bill and shall be delinquent if not paid before Febnka~ 1, 2003, except as otherwise
provided in the Texas Property Tax Code; and penalty and interest shall be due on any delinquent
taxes as provided by Chapter 33 of said Property Tax Code. No discount shall be allowed for early
payment of taxes. The Texas Constitution, Property Tax Code, and other applicable laws shall
govern all matters related to the taxes levied herein, and the City shall have all authority thereunder.
SECTION 5. If for any reason any section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a
court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause,
phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every
section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and
effect for its purpose.
H:\LEG-DIR\j immy\WPDOCS~FINANCE~2JRB 1000.501 .wpd(dkw) 2
37
CITY COUNCIL
AGENDA MEMORANDUM
City Council Meeting on August 20, 2002
AGENDA ITEM:
An ordinance prohibiting a person from allowing an animal within their custody or control to
enter the KidsPlace playground located within Cole Park; providing for penalties; providing for
an effective date; providing for severance; and providing for publication.
ISSUE:
According to Section 6-20 of the City of Corpus Christi Code of Ordinances, all animals
shall be kept under restraint by either a leash or lead. This is particularly true of animals
in public places. Currently leashed animals are allowed to enter the confines of the
playground area at Cole Park designated as KidsPlace. Although ordinances exist
regarding the removal of fecal matter deposited by animals brought to public areas,
there is no ordinance dealing with other animal waste.
KidsPlace is a large, mostly wooden, playground. There are areas where children crawl
around, slide, and generally come into close contact with both the ground and the
structure of the facilities. Leashed animals may come into contact with these areas
consequently children can come in contact with these deposits. The proposed
ordinance, designed to prohibit even leashed animals from being within the playground
area, will help to prevent children from being exposed to potential contact with animal
waste.
REQUIRED COUNCIL ACTION:
City Council must approve all new ordinances.
RECOMMENDATION:
Staff recommends that the ordinance be approved.
ADDITIONAL SUPPORT MATERIAL
Background Information
Ordinance
Daniel L. Whitworth
Director, Park and Recreation
X
×
AGENDA MEMORANDUM
BACKGROUNDINFORMATION
BACKGROUND:
KidsPlace is a large playground in Cole Park. It is a facility that is very popular among
families with small children. The playground is designed with slides, swings, climbing
areas and all manner of ways for children to play safely on and with the facilities. Since
the facilities are constructed primarily of wood and are designed specifically for children
to play all over them, the children come in contact with virtually every aspect of the
construction from the ground up.
People using the facilities at KidsPlace have been able to bring their leashed pets to the
park and to bdng those pets onto the playground facilities. As a result, the animals may
deposit their waste within the playground use area. Children may come into contact with
the results. If pet owners are prohibited from bringing animals into or on the playground
facilities, then children will not be exposed to the unsanitary animal by-products.
AN ORDINANCE
PROHIBITING A PERSON FROM ALLOWING AN ANIMAL WITHIN
THEIR CUSTODY OR CONTROL TO ENTER THE KIDSPLACE
PLAYGROUND LOCATED WITHIN COLE PARK; PROVIDING FOR
PENALTIES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING
FOR SEVERANCE; AND PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. Article I, Chapter 36, of the Code of Ordinances is amended by adding a
new Section 36-10, which reads as follows:
"Sec. 36-10. Animals in Cole Park.
"(a) Except as provided in subsection (b), no person may allow an animal
within their custody or control to enter the KidsPlace playground located
within Cole Park. The term 'animal' in this ordinance has the same meaning
as the term 'animal' in Section 6-2 of this Code.
"(b) The following persons are exempt from the provisions of this ordinance:
"(1) persons with disabilities who utilize service animals; and
"(2) licensed peace officers who utilize animals for law enfomement
purposes.
"(c) A map and survey of the KidsPlace playqround are incorporated in this
section by reference and are on file with the office of the City Secretary."
SECTION 2. Violations of this ordinance are subject to the penalties set forth in
Section 1-6 of the Code of Ordinances.
SECTION 3. This ordinance will take effect September 1, 2002.
SECTION 4. If, for any rsason, 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 5. 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.
That the foregoing ordinance was read for the first time and passed to its second read-
ing on this the
Samuel L Neal, Jr.
Henry Garrett
Brent Chesney
Javier D. Colmenero
Bill Kelly
day of
,2002, by the following vote:
Rex A. Kinnison
John Longoria
Jesse Noyola
Mark Scott
That the foregoing ordinance was read for the second time and passed finally on this
the day of
Samuel L. Neal, Jr.
Henry Garrett
Brent Chesney
Javier D. Colmenero
Bill Kelly
2002, by the following vote:
Rex A. Kinnison
John Longoria
Jesse Noyola
Mark Scott
PASSED AND APPROVED on this the
ATTEST:
day of ,2002.
CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
APPROVED AS TO LEGAL FORM this /~
James R. Bray, Jr., City Attorney .
Samuel L. Neal, Jr., Mayor
day of ~l~ _~j
,2002.
KIDSPLACE
Cole Park
STATE OF TEXAS
COUNTY OF NUECES
BEING a tract of land containing 0.545 Acres (23,723.4 Sq. Ft.) of land out of Cole
Park, along the Bayfront of Corpus Christi, Texas. This 0.545 Acre Tract being
more particularly described by metes and bounds as follows:
COMMENCING at a found 5/8" Iron Rod at the southwest comer of Lot 3, Block 1, Marina Del Sol
Subdivision as recorded in Volume 45, Page 66 of the Map Records of Nueces County, Texas;
THENCE S41°59'16"E through Cole Park a distance of 1,523.90' to a point of tangency on the
southeasterly side of a 6' wide concrete sidewalk, being the Point of Beginning of this tract;
THENCE N56°25'10"E along the southeasterly edge of said sidewalk a distance of 94.35' to a point of
curvature in said walk whose radius point bears S44°55'54"E a distance of 16.22';
THENCE southeasterly along said curve to the fight having a radius of 16.22', a central angle of
106°07'50'', an arc length of 30.04' and a tangent distance of 21.57' to a point on the southwesterly side of
said sidewalk;
THENCE S33°24'56"E a distance of 113.27' to an angle point in said sidewalk;
THENCE S08°22'16"W a distance of 72.90' to an angle point in said sidewalk;
TI~E. NCE S53°40'2 l"W a distance of 39.03' to a point of curvature in said walk whose radius point bears
N48°55'09"W a distance of 7.07';
TH ~;NCE westerly along said curve to the right having a radius of 7.07', a central angle of 88°02'51", an
arc length of 10.87' and a tangent distance of 6.84' to a point of reverse curvature whose radius point bears
S37°09'57"W a distance of 18.04';
THENCE westerly along said curve to the left having a radius of 18.04', a central angle of 56°51'36", an arc
length of 1T90' and a tangent distance of 9.77' to a point of reverse curvature whose radius point bears
N27°0T00"E a distance of 38.27';
THENCE northwesterly along said curve to the right having a radius of 38.27', a central angl9 of 26056'06'',
an arc length of 17.99~ and a tangent distance of 9.16' to a point;
THENCE N80°03'59"W a distance of 79.35' to a point of curvature in said walk whose radius point bears
N01°34'06"E a distance of 1.94';
THENCE northwesterly along said curve to the right having a radius of 1.94', a central angle of 116°37'07",
an arc length of 3.95' and a tangent distance of 3.14' to a point on the easterly side of said sidewalk;
TI-W. NCE N09°57'35"E a distance of 44.64' to an angle point in said sidewalk;
TItENCE N17°3 l'02"W a distance of 57.73' to a point of curvature in said walk whose radius point bears
N69°41 ' 16"E a distance of 9.79';
THENCE northeasterly along said curve to the right having a radius of 9.79', a central angle of 86°19'06",
an arc length of 14.75' and a tangent distance of 9.18' to the POINT AND PLACE OF BEGINNING and
containing 0.545 Acres (23,723.4 Sq. Ft.) of land.
Bearings are with reference to Plat of Marina Del Sol as recorded in Volume 45, Page 66 of the Map
Records of Nueees County, Texas.
Russell D. Ochs
State of Texas License No. 5,241
State of Texas
County of Nueces
I, Russell Ochs, a Registered Professional Land Surveyor, hereby certify that thc foregoing field notes were
prepared by mc from a land survey made on the ground under my direction.
This the 13TH day of August, 2002. ~ 4.
~ ~N. M.R.N.C.~ ~ ~ N SJ 33F09'57~ t8.04
~ %, ~r ~, o~ m~ ~ ~os ~ CI~ of CORPUS CHRISTI, TE~S
~ ~ uepo~mem of Engmeenng Seduces
x ~ X ~ Su~ey Oivisbn
38
August 15, 2002
To: Mayor and Council Members~
From: Jimmy Bray, City Attorney
Re: Date for Charter Amendment~Election
One petition has been filed to amend the charter to adopt a strong mayor system of government.
Another petition may be filed soon to require an election for marina leases.
Under State law, the Council has a choice on when to call an election on these issues. Effectively,
the choice is between November 5, 2002 and April 5, 2003.
Section 9.004(b) of the Texas Local Government Code provides:
The ordinance ordering the election [for a charter amendment] shall provide for the
election to be held on the first authorized uniform election date prescribed by the Election
code o_xr on the earlier of the date of the next municipal general election or presidential
general election. The election date must allow sufficient time to comply with other
requirements of law and must occur on or after the 30~ day after the date the ordinance is
adopted. (Emphasis added.)
This provision was the result of a 1997 amendment to State law, which changed the statute as
shown in the following legislative markup, (underlined words were added; struck-through words
were deleted):
The ordinance ordering the election shall provide for the election to be held on the first
authorized uniform election date prescribed by the Election Code or on the earlier of the
date of the next municipal general election or presidential general election. The election
date must allow [that allows] sufficient time to comply with other requirements of law and
must occur [that occ~,rs] on or after the 30* day after the date the ordinance is adopted.
Laws 1997, ch. 1219, sec. 5; ch 1349, sec. 76.
November 5 is the next uniform date; April 5 is the next municipal general election date.
CC:
David R. Garcia, City Manager
George K. Noe, Deputy City Manager
Armando Chapa, City Secretary
orpus.
Chrlst