HomeMy WebLinkAboutAgenda Packet City Council - 09/17/2002CITY
COUNCIL
AGENDA
"Corpus Chdsti Celebrating 150 Years"
September 17, 2002
1:45 p.m.
Introduction of Leadership Corpus Christi Class 31
Proclamation declaring September 2002, "Prostate Awareness Month"
Proclamation declaring September 17 - 23, 2002 as "National Constitution Week"
Commendation Certificates for 2002 Pony Coach Pitch National Champions
Swearing-In Ceremony for Newly Appointed Board, Commission and Committee Members
AGENDA
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD
SEPTEMBER 17, 2002
2:00 P.M.
PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE
PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL.
Members of the audience will be provided an opportunity to address the Council 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, ff you have a petition or other information pertaining to your
subject, please present it to the City Secretary.
Si ud. Desea didgirse al Concilio y cree que su ingl~s es limitado, habr'J un int&rprete ingl~s-espa~ol 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 John Elford, St. John's United Methodist Church
C. Pledge of Allegiance to the Flag of the United States.
D. City Secretary Armando Chapa to call the roll of the required Charter Officers.
Mayor Samuel L. Neal, Jr.
Mayor Pro Tem Mark Scott
Council Members:
Brent Chesney
Javier D. Colmenero
Henry Garrett
Bill Kelly
Rex A. Kinnison
John Longoria
Jesse Noyola
City Manager David R. Garcia
City Attomey James R. Bray, Jr.__
City Secretary Armando Chapa __
Agenda
Regular Council Meeting
September17,2002
Page 2
E. MINUTES:
Approval of Joint Meeting of August 27, 2002 and Regular
Meeting of September 9, 2002. (Attachment # 1)
F. BOARDS & COMMITTEE APPOINTMENTS: (NONE)
G. EXPLANATION OF COUNCIL ACTION:
For administrative convenience, certain of the agenda items are listed
as motions, resolutions, or ordinances. If deemed appropriate, the City
Council will use a different method of adoption from the one listed; may
finally pass an ordinance by adopting it as an emergency measure
rather than a two reading ordinance; 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 fumished with background and support material on each item, and/or it
has been discussed at a previous meeting. All items will be acted upon by one
vote without being discussed separately unless requested by a Council
Member or a citizen, in which event the item or items will immediately be
withdrawn for individual consideration in its normal sequence after the items not
requiring separate discussion have been acted upon. The remaining items will
be adopted by one vote.
CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES
FROM PREVIOUS MEETINGS:
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at ~3e end of the
agenda summary)
Motion approving a supply agreement for an estimated 1,553
cases of white copy paper and 214 cases of colored copy paper
in accordance with Bid Invitation No. BI-0090-02 with Pollock
Paper, of San Antonio, Texas, based on Iow total bid for an
estimated six-month expenditure of $'!~,682.75. The term ofthe
contract is for six months with options to extend for up to four
additional six-month pedods, subject to the approval of the
contractor and the City Manager or his designee. The paper is
used by various City Departments. (Attachment # 2)
Agenda
Regular Council Meeting
September17,2002
Page 3
.ao
Motion approving a supply agreement for sedal publication
services, consisting of 460 magazine, newspaper and trade
journal subscriptions in accordance with Bid Invitation No. BI-
0132-02 with Popular Subscription Service, Terre Haute, Indiana,
based on only bid for an estimated annual expenditure of
$29,981.68. 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 the
Corpus Christi Public Library and the South Texas Library System
in FY 2002-2003. (Attachment # 3)
Motion authorizing the City Manager or his designee to execute
a contract with Dawson Recycling, Inc., of Gregory, Texas,
guaranteeing the annual delivery of specific tonnage of
acceptable waste to the J.C. Elliott Landfill for a specified fee, for
a period not to exceed the life of the J.C. Elliott Landfill.
(Attachment # 4)
Motion approving the reimbursement application submitted by
Start Operations, Inc., Owner and Developer of Block "A",
Saratoga Subdivision, for the installation of 690 linear feet of a
12-inch PVC water grid main. (Attachment # 5)
Ordinance appropriating $19,077.55 from the Water Arterial
Transmission and Grid Main Trust Fund No. 4030-209010 to pay
developer reimbursement request for the installation of 690 linear
feet of a 12-inch PVC water grid main to develop Block
Saratoga Subdivision. (Attachment # 5)
Motion authorizing the City Manager or his designee to execute
an annual joint funding agreement with the United States
Geological Survey (USGS), U. S. Department of the Interior, for
the continuation of surface water data collection and limited
studies by the USGS for the City's water supply activity; and
providing for the City to pay the USGS the amount of $174,045,
out of a total project cost of $232,820 during the federal Fiscal
Year October 1,2002 through September 30, 2003. (Attachment
#6)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda sumrnaq0
Agenda
Regular Council Meeting
September 17, 2002
Page 4
Motion authorizing the City Manager or his designee to execute
a Memorandum of Agreement with the United States of Amedca,
Department of Interior, Bureau of Reclamation and the City of
Three Rivers for the purpose of defining responsibilities related to
the design, placement, and operation and maintenance of new
municipal and industrial water delivery system at Choke Canyon
Reservoir, Nueces River Project. (Attachment # 7)
Motion authorizing the City Manager or his designee to accept a
grant in the amount of $5,000 from the National Endowment for
the Humanities. Funds will be used to purchase fumiture and
preservation supplies for the Local History Department of the
Corpus Christi Public Libraries. (Attachment # 8)
Ordinance appropriating $5,000 from the National Endowment for
the Humanities in the No. 1050 Federal/State Grants Fund for the
purchase of furniture and preservation supplies for the Local
History Department of the Corpus Christi Public Libraries.
(Attachment # 8)
Motion authorizing the City Manager or his designee to accept a
grant in the amount of $6,000 and to execute a contract and all
related documents with the Texas State Library and Archives
Commission for a TexTreasures Grant. Funds will be used to
inventory, organize and digitize early Corpus Christi documents
at the Corpus Christi Public Libraries. (Attachment # 9)
Ordinance appropriating a $6,000 TexTreasures Grant from the
Texas State Library and Archives Commission in the No. t050
Federal/State Grants Fund to inventory, organize and digitize
early Corpus Christi documents at the Corpus Christi Public
Libraries. (Attachment # 9)
Motion authorizing the City Manager or his designee to execute
a gift agreement to receive $3,000 from the Friends of the Corpus
Christi Public Libraries to be used as matching funds for the
TexTreasures Grant awarded by the Texas State Library and
Archives Commission. (Attachment # 9)
Ordinance appropriating $3,000 from the Friends of the Corpus
Chdsti Public Libraries in the No. 1050 Federal/State Grants Fund
for matching grant funds for the TexTreasures Grant awarded by
the Texas State Library and Archives Commission. (Attachment
#9)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda surnma~y)
Agenda
Regular Council Meeting
September 17, 2002
Page 5
10.a.
10.b.
10.c.
10.d.
11.a.
11.b.
Motion authorizing the City Manager or his designee to accept a
grant in the amount of $55,310 and to execute a contract and all
related documents with the Telecommunications Infrastructure
Fund Board. Funds will be used to purchase computer hardware
and software for use by individuals who have vision, headng or
mobility impairments. (Attachment # 10)
Ordinance appropriating $55,310 from the Telecommunications
Infrastructure Fund Board in the No. 1050 Federal/State Grants
Fund for computer hardware and software for the Corpus Chdsti
Public Libraries for use by individuals who have vision, hearing,
or mobility impairments. (Attachment # 10)
Motion authorizing the City Manager or his designee to execute
a gift agreement to receive $5,500 from the Corpus Chdsti Public
Library Foundation to be used as matching funds for the grant
awarded by the Telecommunications Infrastructure Fund Board.
(Attachment # 10)
Ordinance appropriating $5,500 from the Corpus Christi Public
Library Foundation in the No. 1050 Federal/State Grants Fund as
a match for the Telecommunications Infrastructure Fund Board
Grant awarded to the Corpus Chdsti Public Libraries.
(Attachment # 10)
Motion authorizing the City Manager or his designee to accept a
grant in the amount of $69,309 and to execute a contract and all
related documents with the Texas State Library and Archives
Commission for the continued operation of the Technical
Assistance Negotiated Grant Program administered by the South
Texas Library System, which is located at the Corpus Christi
Public Libraries, for the State Fiscal Year 2002-2003.
(Attachment # 11)
Ordinance appropriating $69,309 from the Texas State Library
and Archives Commission in the No. 1050 Federal/State Grants
Fund for the continued operation of the Technical Assistance
Negotiated Grant Program administered by the South Texas
Library System, which is located at the Corpus Chdsti Public
Libraries. (Attachment # 11)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
September17,2002
Page 6
12.
13.a.
13.b.
14.
15.a.
15.b.
First Reading Ordinance - Amending the ClearSoume/Grande
franchise to provide one-month extension for broadcasting of
public and repeat Government Access Channel programming.
(Attachment # 12)
Motion authorizing the City Manager or his designee to accept a
grant in the amount of $39,896 from the State of Texas, Office of
the Govemor, Criminal Justice Division for Third Year funding for
the Computer Forensics Specialist grant and to execute all
related documents. (Attachment # 13)
Ordinance appropriating $39,896 in the No. 1050 Federal/State
Grants Fund from the State of Texas, Office of the Governor,
Criminal Justice Division, for Third Year funding for the Computer
Forensics Specialist Grant; transferring $4,000 from the No. 6010
Law Enforcement Trust Fund and $14,895 from the No. 1020
General Fund and appropriating these funds in the No. 1050
Federal/State Grants Fund as matching grant funds. (Attachment
# 13)
Motion authorizing the City Manager or his designee to execute
a construction contract with Haeber Roofing Company of Corpus
Christi, Texas, for a total fee not to exceed $89,600 for the Frost
Bank Building Lease Space Re-roof and Roof Repairs FY 2002
Project. (Attachment # 14)
Motion authorizing the City Manager or his designee to execute
a Real Estate Sales Contract with Cheryl L. Flores, in the amount
of $56,000, 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 16, being
all of Lot 1, Block 8, Mount Vernon Subdivision Unit 2, with street
address of 4902 Andover, necessary for the McArdle Road Street
Improvement Project, Phase 3, No. 6146, Project No. C-6, and for
other municipal purposes. (Bond Issue 2000) (Attachment # 15)
Motion authorizing the City Manager or his designee to execute
a Real Estate Sales Contract with Hesiquio Rodriquez and wife,
Eva Maria Rodriquez, in the amount of $82,000, plus $1,500 in
closing costs and an additional amount not to exceed $22,500 for
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summa~)
Agenda
Regular Council Meeting
September17,2002
Page 7
relocation assistance to cover moving costs, pdce differential
payments and incidental expenses for replacement housing, for
the purchase of fee simple property dghts for Parcel 17, being all
of Lot 23, Block 8, Mount Vemon Subdivision Unit 3, with street
address of 4901 Holmes, necessary for the McArdle Road Street
Improvement Project, Phase 3, No. 6146, Project No. C-6, and for
other municipal purposes. (Bond Issue 2000) (Attachment # )15
16.
Second Reading Ordinance - Changing the name of Parkdale
Ddve to Whataburger Way between Gollihar Road and Everhart
Road. (First Reading - 9/09/02) (Attachment # 16)
17.
Second Reading Ordinance - Amending the City Code of
Ordinances, Division 12, changing the name of the "Corpus
Chdsti Bay Area Minodty Business Opportunity Committee
Program" to the "Business Resource Center." (First Reading -
9/09/02) (Attachment # 17)
(At this point the Council will vote on all motions, resolutions and ordinances not
removed for individual consideration)
I. PUBLIC HEARINGS: (NONE)
PRESENTATIONS:
Public comment will not be solicited on Presentation items.
18.
Corpus Christi Regional Economic Development Corporation
Annual Report FY2001-2002 (Attachment# 18)
19. Bayfest 2002 (September 27 - 29, 2002) (No Attachment)
REGULAR AGENDA
CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES:
20.
Motion approving the application from Bayfest, Inc. to temporarily
close the following street sections for the Bayfest 2002,
September 27-29, 2002. (Attachment # 20)
Northbound Shoreline Boulevard (inside lane only) from
the north dght of way of Power Street median crossover
(exclusive of the median crossover at Power Street) to
Hughes Street, beginning at 9:00 a.m., Wednesday,
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
Se~ember17,2002
Page 8
21.
22.
23.
September 18, 2002 through 5:00 p.m., Friday, September
20, 2002 and from 6:00 a.m., Monday, September 30,
2002 through 5:00 p.m., Wednesday, October 2, 2002.
bo
Southbound Shoreline Boulevard (full closure) from the
south right-of-way of Hughes Street to the north right-of-
way of Power Street, beginning at 9:00 a.m., Wednesday,
September 18 through 5:00 p.m., Wednesday, October 2,
2002.
Northbound Shoreline Boulevard, (full closure) between
north right-of-way line of Power Street and the north right-
of-way of Hughes Street, from 2:00 p.m., Fdday,
September 27 through 6:00 a.m., Monday, September 30,
2002.
d4
North Water Street (full closure) between Fitzgerald Street
and Hughes Street from 8:00 a.m., Friday, September 27
through 6:00 a.m., Monday, September 30, 2002.
Palo Alto Street, Fitzgerald Street, Resaca Street and
Hughes Street (full closures to through traffic) each
between Water Street and Shoreline Boulevard, from 8:00
a.m., Fdday, September 27 through 6:00 a.m., Monday,
September 30, 2002.
Resolution authorizing the City Manager or his designee to
execute an Electdc Supply Agreement pursuant to the contract to
be signed by South Texas Aggregation Project, Inc., for deliveries
of electricity effective January 1, 2003. (Attachment # 21)
Ordinance amending Ordinance No. 024952, which called a
Special Election on November 5, 2002, to add to the ballot a
Charter Amendment proposed by petition to change the
Council/Manager System of Govemment to a Strong Mayor
System and a Charter Amendment proposed by petition to require
an election for leases exceeding five years in the marina area.
(Attachment # 22)
First Reading Ordinance - Amending the Code of Ordinances,
Article V, Chapter 57, Vehicles for Hire, by revising the provisions
regarding Auto Wreckers, and providing for penalties.
(Attachment # 23)
CiTY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
September17,2002
Page 9
L. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS
NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT
APPROXIMATELY 5:30 P.M. OR AT THE END OF THE
24.
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 ayudade.
PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF
PERSON, OR MEMBERS OF THE AUDIENCE SHALL
BERATE, EMBARRASS, ACCUSE, OR SHOW ANY
PERSONAL DISRESPECT FOR ANY MEMBER OF THE
STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY
COUNCIL MEETING. THIS POLICY IS NOT MEANT TO
RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS.
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 authorizJng the executive session
will be publicly announced by the presiding office.
Executive session pursuant to Texas Government Code Section
551.071 regarding Cityof San Benito v. PG&E Gas Transmission,
Texas Corporation et al, No. 96-12-7404-A, 107a Distdct Court,
Cameron County, Texas, and the remaining claim of the City of
Corpus Chdsti 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.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at fl~e end of the
agenda summary)
Agenda
Regular Council Meeting
September 17, 2002
Page 10
25.
26.
Ne
Executive session pursuant to Texas Govemment 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 Chdsti Authority and
RSR Sports implementing the stadium, with possible discussion
and action related thereto in open session.
Executive session pursuant to Texas Govemment Code Section
551.071 regarding Jon Harwood et al v. City of Corpus Chdsti,
No. 00-4149-G, 319t~ Distdct Court, Nueces County, Texas with
possible discussion and action related thereto in open session.
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 concems; 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.
27. CITY MANAGER'S REPORT
28.
29.
O.
* Upcoming Items
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 2:30 p.m., September 13 , 2002.
Armando Chap~(
City Secretary
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of 6~e
agenda summary)
Agenda
Regular Council Meeting
September 17, 2002
Page 11
NOTE:
The City Council Agenda can be found on the City's Home
Page at www.ci.corpus-chHsti.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
A~rport / $eaw$~ / Conv~ntt0n Center ! Arena
· Continue quarterly reporting process for these initiatives.
'86 Bood,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.
Privatization / Re-Engineerin~
· Clearly define "privatization" and "re-engineering."
· Make decisions regarding privatization and re-engineering in the next 12-24 months, with
discussiol~s within 90 days.
· Establish process to identify what services can and cannot be privatized.
· Continue focus on park maintenance.
Maintain the 5-year forecast model.
Review the August 1 budget adoption deadline.
Crime ,ConWol and Prevention
· Continue implementation oftbe Community Policing initiative.
· Establish date for Crime Control and Prevention District election.
Continue City participation in Youth Opportunities United and other youth crime in/fiatives,
Emolovee Health Care
* Address concerns related to employee compensation and benefits, including health insurance.
· Work to coordir~ate Police and Fire health benefits with those of other City employees
~co~0mic D~velopment ~,ales T~X
· Establish election date.
City staff will develop and present to City Council action/implemenlation plans for the following priority
Desalination Pilot Project
*Code Enforcement 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 Development Plan (marina, t-heads, breakwater)
Housing Emphasis / Process (older neighborhoods, working class neighborhoods)
**Road Projects
Southside Traffic Plan
Storn~ W~ter utm~
· Reconsider implementation plan for a Storm Water Utility.
· Continue quarterly reports on the progress of the TIF and Beach Restoration Project.
L~ndfill
· Continue to evaluate the efficiency and effectiveness of operations.
· Examine alternatives for solid waste l~__ans~ement system, including privatization.
· 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.
Frost Bank Building
· Lease and complete renovation
~oanexatlan Plan
Implement current island annexation plan
ADA Transitign Plan.
· Develop and approve ADA Transition Plan within 90 days.
Redistriefin,,
· Develop Council.approwd redistricting plan for the City of Corpus Christi
Industrial Dist~et Contract
· Review Industrial District contracts and determine date for approval
C0~neil Action Items
· Staffcompletes action requests in a timely manner.
C|ty / County Health
Continue discussions with County to determine structure and process for the most effective
and efficient delivery of health services
Marketing of CC Museum and C,o,]umbus Shivs
· Continue to develop marketing plans for the Muso,m of Science and History and the
Columbus Fleet
Relationsh/ps with Other Governments
Development Initiative Packages
*Park Rehabilitation
*Leopard Street Curbs and (}utters
Economic Development Summit and Post-$~mmit Meetings
Agnes-Laredo Corridor Market (studies, plans)
*Solid waste / Pickup
Base Closures
**Northwest Library
Northside Development Plan
Traffic Controls (channeling, studying on/off ramps on SPID)
*Five Points Ambulance
Effluent Plan for Leopard Medians
RTA--Publie Improvements
Arts and Sciences Park Plan
Budget Item
** Capital Improvement Program Item
1
MINUTES
JOINT MEETING OF THE
CORPUS CHRISTI CITY COUNCIL AND
CRIME CONTROL AND PREVENTION DISTRICT BOARD OF DIRECTORS
August 27, 2002 - 12:10 p.m.
CITY COUNCIL
Mayor Samuel L. Neal Jr.
Mayor Pro Tern Mark Scott
Brent Chesney
Henry Garrett
Bill Kelly
Rex Kinnison
John Longoria
Jesse Noyola
City Staff Present
City Manager David R. Garcia
City Attorney James R. Bray Jr.
City Secretary Armando Chapa
Police Commander Bryan Smith
Recording Secretary Rachelle Parry
CRIME CONTROL DISTRICT BOARD
Linda Bridges, President
Vicky Alexander
Larry Baker
John Heldenfels
W.L. Hermis
Danny Mora
Butch Pool
Rose Marie Soto
Isaac Valencia
ABSENT
Council Member Javier Colmenero
The meeting was called to order in the Sixth Floor Conference Room of City Hall. City
Secretary Chapa checked the roll and verified that quorums of both the Council and the Crime
Control District (CCD) Board were present to conduct the meeting.
Ms. Bridges said that the board would make a short presentation to update the Council on
the district's progress and then be available for questions. Cmdr. Smith referred to the Year 4 district
project review sheet that had been distributed to the Council. He said it will be distributed to citizens
through their utilitybills. Cmdr. Smith also gave a powerpoint presentation illustrating progress that
has been made in specific areas of the city, including at the Northside Manor Apartments and in the
neighborhood around Lamar Elementary School.
There was discussion among the Council regarding crime and quality of life issues that need
to be addressed in those and other areas of the city. Cmdr. Smith also reviewed statistics about the
CCD-funded bike and moped units, directed patrol program, and the Juvenile Assessment Center,
which Ms. Mariah Boone further discussed.
Mayor Neal asked about the list staffprovided of the 151 emergency board-ups/clean-ups of
houses. He noted that one address (939 Admiral) was listed several times. Cmdr. Smith replied that
there are several small shacks located at one address that had code violations. City Manager Garcia
commented on the lengthy legal process that the city has to follow in issuing and enforcing code
violations.
Minutes - Joint Meeting
August 27, 2002 - Page 2
The Mayor said the city needs to develop a better systematic approach to follow through on
such situations to prevent them fxom reoccurring. Mr. Garcia said that staff can provide a
presentation on options they can pursue to address that issue. He said the purpose of the day's
meeting was to highlight the Crime Control District's accomplishments and, while more needs to
be done, major advancements have been made.
Ms. Bridges said that in anticipation of the November 5, 2002 election to renew the CCD,
the board will continue to promote the district's positive impact on the community. She noted that
the Chamber of Commerce passed a resolution in support of the district's renewal. Council Member
Scott said although he had some concerns at first, he is fully behind the board's efforts, particularly
since they have lived within their financial means.
Ms. Bridges pointed out that this renewal will not be a new tax but rather a continuation of
the existing 1/8th cent sales tax for the district. She said the point of the CCD renewal campaign is
"promises made and promises kept." Ms. Alexander said the board has stayed within their budget
despite constraints and she thanked Council Member Kelly for moving the Crime Control item to
the top of the ballot. Mr. Hermis thanked ChiefAlvarez, Cmdr. Smith and Ms. Pat Eldridge for their
efforts.
There being no other business, Mayor Neal adjourned the joint meeting at 12:55 p.m. on
August 27, 2002.
PRESENT
Mayor Samuel L. Neal Jr.
Mayor Pm Tem Mark Scott
Council Members:
Brent Chesney
Javier D. Colmenero
Henry Garrett
Bill Kelly
Rex A. Kinnison
John Longoria
Jesse Noyola
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
September 9, 2002 - 2:50 p.m.
City Staff:
City Manager David R. Garcia
Deputy City Manager George Noe
City Attorney James R. Bray Jr.
City Secretary Armando Chapa
Recording Secretary Rachelle Party
Mayor Neal called the meeting to order in the Council Chambers of CityHall. The invocation
was delivered by Rev. E.F. Bennett, and the Pledge of Allegiance to the United States flag was led
by Council Member Colmenero. City Secretary Chapa called the roll and verified that the necessary
quorum of the Council and the required charter officers were present to conduct the meeting. Mayor
Neal called for approval of the minutes of the regular Council meeting of August 27, 2002. A motion
was made and passed to approve the minutes as presented.
Mayor Neal referred to Item 2 and the following board appointments were made:
Comus Christi Downtown Management District
Mark Adame (Reappointed)
Dottie Clower (Reappointed)
Richard King III (Reappointed)
Gordon Landreth (Reappointed)
Brad Lomax (Reappointed)
George Placke (Reappointed)
Dan Richter (Reappointed)
Ted Stephens (Reappointed)
Charles Thomasson (Reappointed)
Sister City Committee
Yalee Shih (Reappointed)
Mufid Abudiab (Reappointed)
Ann Jaime (Reappointed)
Melody Cooper (Reappointed)
Wayne Bennett (Reinstated)
Valerie Vargas Ballesteros
George A. Garcia
Mary H. "Bebe" Morals
Sharon L. Phillips
Nueces Conntv Community Action Agency
Mayor Loyd Neal (Reappointed)
Council Member Javier Cohnenero (Reappointed)
Council Member John Longoria (Reappointed)
Animal Control Advisory Committee
Cheryl Martinez
Minutes - Regular Council Meeting
September 9, 2002 - Page 2
Mayor Neal opened discussion on Item 3, acceptance of sculpture/fountain. City Manager
Garcia explained that the Regional Transportation Authority (RTA) wished to commemorate the
city's sesquicentennial with the donation of the sculpture. Ms. Linda Watson, RTA Director,
introduced the following RTA board members: Mike Rendon, Julio Garcia Jr., Vicky Garza and
Abel Alonzo.
Ms. Watson explained that in 1987 when the Six Points transfer station was constructed, the
RTA added a piece of public art created by renowned sculptor Danny O'Dowdy. However, since
then the RTA's ridership has increased and they need to address ADA issues. Consequently, more
room is needed at the ~'ansfer station and the RTA decided to donate the sculpture to the city. Ms.
Garza and Mr. Garcia also presented the Council with a commemorative plaque and photograph.
Council Member Scott asked if the water fountain aspect of the sculpture will be reinstated
once the artwork is relocated. Ms. Watson said the RTA and the Arts and Cultural Commission are
donating $22,000 for the piece to be renovated and repaired so it can function as a fountain. Mr.
Rendon said some people have suggested that the sculpture be displayed at the airport. There were
no other public comments. City Secretary Cbapa polled the Council for their votes as follows:
3. M2002-284
Motion authorizing the City Manager or his designee to execute documents to accept
"Bromeliad,' a sculpture/fountain fi.om the Regional Transportation Authority.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
Mayor Neal called for consideration of the consent agenda (Items 4-22). City Secretary Chapa
announced the following abstentions: Council Member Kelly on Items 14 and 15; Council Member
Scott on Item 21; and Council Member Noyola on Items 20, 21 and 22. He also said that Item 10
needed to be amended. Council members requested that Items 5, 6, 7, 12, 15 and 17 be discussed.
There were no comments from the audience. Mr. Chapa polled the Council for their votes:
4. M2002-285
Motion approving a supply agreement for approximately 3,714 boxes of garbage can liners
in accordance with Bid Invitation No. BI-0114-02 with Gulf Coast Paper Company Inc. of
Corpus Christi, Texas based on low total bid for an estimated annual expenditure of
$38,854.92. The term of the agreement shall be for 12 months with an option to extend for
up to two additional 12-month periods, subject to the approval of the supplier and the City
Manager or his designee. Funds are available from the Warehouse Inventory for FY2002-03.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
Minutes - Regular Council Meeting
September 9, 2002 - Page 3
8.a. M2002-286
Motion authorizing the City Manager or his designee to amend the scope of work for the
FY2001 CDBG YMCA City Council-approved project.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
8.b. M2002-287
Motion authorizing the City Manager or his designee to amend the scope of wurk for the
FY2002 CDBG Gulf Coast Council of La Raza City Council-approved project.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinuison, Longoria, Noyola, and Scott voting "Aye."
8.c. M2002-288
Motion authorizing the City Manager or his designee to amend the scope of work for the
FY2002 CDBG Corpus Christi Hope House Inc. City Council-approved project.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinrtison, Longoria, Noyola, and Scott voting "Aye."
9. M2002-289
Motion authorizing the City Manager or his designee to execute a contract in the amount of
$86,482.68 for purchase of services from the State of Texas, Department of Information
Resources, to provide computer maintenance to the Police Department's Digital Equipment
Corporation (DEC) and COMPAQ equipment being maintained by COMPAQ through its
computer services contract with the State of Texas.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
ll.a. M2002-291
Motion authorizing the City Manager or his designee to accept additional grant funding in
the amount of $8,910 from the Executive Office of the President, Office of National Drug
Control Policy, t o support t he Police Department's role i n t he Texas Coastal Corridor
Initiative in the Houston High Intensity Drug Trafficking Area.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinuison, Longoria, Noyola, and Scott voting "Aye."
Minutes - Regular Council Meeting
September 9, 2002 - Page 4
11.b. ORDINANCE NO. 025000
Ordinance appropriating $8,910 in the No. 1050 Federal/State Grants Fund from the
Executive Office of the President, Office of National Drag Control Policy to support the
Police Department's role in the Texas Coastal Corridor Initiative in the Houston High
Intensity Drag Trafficking Area.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
13. RESOLUTION NO. 025001
14.
16.
18.
Resolution consenting to the sale of property located at 7601 Leopard Street to Tuloso-
Midway Independent School District for $7,672.23 and authorizing the Nueces County Judge
to execute a resale deed for such property.
The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
RESOLUTION NO. 025002
Resolution expressing official intent to reimburse costs of the Corpus Christi Convention
Center improvement project.
The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kinnison, Longoria, Noyola, and Scott voting "Aye"; Kelly abstaining.
ORDINANCE NO. 025004
Ordinance abandoning and vacating a 2,000 square foot poffion of a ten (10) foot wide utility
easement in Lots lA, lB, 2A, 2B, 3A, 3B, 4A, and 4B, Block 21, Padre Island No. 1;
requiring the owner, SSP Partners/Circle K, to comply with the specified conditions and
replat the property within 180 days at owner's expense.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
ORDINANCE NO. 025006
Ordinance appropriating $25,000 from the Maintenance Sen, ices Fund No. 5110
Unappropriated Fund Balance for Greenwood Public Library Foundation Repairs - Phase 1;
amending Ordinance No. 024974 which adopted the FY2002-2003 annual budget by
increasing appropriations by $25,000.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Minutes - Regular Council Meeting
September 9, 2002 - Page 5
19.
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
ORDINANCE NO. 025007
Ordinance appropriating a grant in the amount of $1,726 from the Swalm Foundation in the
No. 1050 Federal/State Grants Fund for the elderly nutrition/home delivered meals program.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longofia, Noyola, and Scott voting "Aye."
20.a. RESOLUTION NO. 025008
Resolution authorizing the City Manager or his designee to accept a two-year Federal
Aviation Administration Entitlement Grant, Grant No. 34, upon receipt, in an amount not to
exceed $6,219,464 for the terminal reconstxuction project, drainage improvements Phase 3
project, and improvements to the runway safety areas.
The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longofia, and Scott voting "Aye"; Noyola abstaining.
20.b. ORDINANCE NO. 025009
21.
22.
Ordinance appropriating an amount not to exceed $6,219,464 from the Federal Aviation
Administration Grant No. 34, upon receipt, in the No. 3020 Airport Capital Improvement
Fund, for the terminal reconstruction project, drainage improvement Phase 3 project, and
improvements to the nmway safety areas.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
CoImenero, Garrett, Kelly, Kinnison, Longoria, and Scott voting "Aye"; Noyola abstaining.
ORDINANCE NO. 025010
Ordinance authorizing the City Manager or his designee to execute an in-terminal advertising
concession lease agreement with In-Ter-Space Service Inc. dba Interspace Airport
Advertising for the operation of an airport advertising concession in the Corpus Christi
International Airport in consideration of payment of the greater of guaranteed minimum
concession fee or thirty percent of the Concessionaire's gross receipts for a term of sixty
months with an additional sixty-month option.
The foregoing ordinance passed on second reading as follows: Neal, Chesney, Colmenero,
Garrett, Kelly, Kinnison and Longoria voting "Aye"; Noyola and Scott abstaining.
ORDINANCE NO. 025011
Ordinance authorizing the City Manager or his designee to execute five rental car concession
Minutes - Regular Council Meeting
September 9, 2002 - Page 6
lease agreements with Southwest Texas Leasing Company Inc. dba Advantage Rent-A-Car
Inc.; Coastal Bend Rent-A-Car Inc.; National Car Rental of Corpus Christi Inc.; Dollar Rent-
A-Car Systems Inc.; and Texas South Rentals Inc. dba Hertz Car Rental for the operation of
car rental concession at the Corpus Christi International Airport in consideration of payment
of the greater of a guaranteed minimum concession fee or ten percent of the concessionaire's
gross monthly revenues for a term of sixty months.
The foregoing ordinance passed on second reading by the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kirmison, Longoria, and Scott voting "Aye"; Noyola abstaining.
Mayor Neal opened discussion on Item 5, Azores and Catcay street improvement projects.
Responding to Council Member Scott, Mr. Angel Escobar, Director of Enginecring Services, said
there was an oversight on staff's part and the individual assessment notices were not mailed out. A
revised public hearing date is required to be set. City Secretary Chapa polled the Council:
5. RESOLUTION NO. 024994
Resolution revising the date for a public hearing on the proposed assessments for the Azores
and Catcay Drive street improvements to the November 12, 2002, City Council meeting
instead of during the City Council meeting of September 9, 2002; directing the City Secretary
to arrange to publish notice of this revised public hearing date; 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: Neal, Colmenero, Garrett, Kelly,
Kinnison, Longoria, Noyola, and Scott voting "Aye"; Chesney absent.
Mayor Neal opened discussion on Items 6.a.-b. and 7.a.-b. Responding to questions fi.om the
Mayor, Mr. Escobar said the engineer's estimate for Item 6 was $458,638 but the low bid by Garrett
Construction Company was $617,998.20 because some of the utility work is more expensive than
staff anticipated. He said the street work, which is in the Bond 2000 issue, is within the budgeted
amount. With regard to Item 7, the engineer's estimate was $907,700 and the apparent low bid was
submitted by W.T. Young Construction for $1,136,456.35. He said the stormwater portion of that
project was higher.
Council Member Colmenero asked if ADA improvements will be incorporated, and Mr.
Escobar said they will be. He also discussed how the Gollihar project will be interfaced. City
Secretary Chapa polled the Council for their votes as follows:
6.a. RESOLUTION NO. 024995
Resolution determining the necessity for and ordering the improvement of the following
Minutes - Regular Council Meeting
September 9, 2002 - Page 7
highways in Corpus Christi, Nueces County, Texas: *Brookdale street improvements from
Gollihar to Sunnybrook; *Whiting Street sidewalk improvements from Churchill to Lanier;
specifying that certain of these improvements will be paid for partly 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: Neal, Chesney, Colmenem, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
6.b. RESOLUTION NO. 024996
Resolution approving plans and specifications for improvements to the following highway
and sidewalk in Corpus Christi, Nueces County, Texas: *Brookdale street improvements
from Gollihar to Surmybrook; *Whiting Street sidewalk improvements from Churchill to
Lanier; 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
October 22, 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: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
7.a. RESOLUTION NO. 024997
Resolution determining the necessity for and ordering the improvement of the following
highways in Corpus Christi, Nueces County, Texas: *Annaville Road from Violet Road to
Starlite Lane; specifying that certain of these improvements will be paid for partly 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: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
7.b. RESOLUTION NO. 024998
Resolution approving plans and specifications for improvements to the following highways
in Corpus Christi, Nueces County, Texas: Annaville Road from Violet Road to Starlite Lane;
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
October 22, 2002 City Council Meeting; directing the City Secretary to arrange to publish
Minutes - Regular Council Meeting
September 9, 2002 - Page 8
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: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
Mayor Neal opened discussion on Item 12, Association of Mayors, Council Members and
Commissioners (AMCC) annual conference. The Mayor noted that the Texas Municipal League has
been unable to bring its state conference back to Corpus Christi in the last several years due to a lack
of convention space. However, the renovation and expansion of the convention center and the
construction of the multipurpose arena will enable the TML conference to be held here in about
2007. He said it is important to encourage the AMCC organizers to hold their meeting here as well.
City Secretary Chapa polled the Council for their votes as follows:
12. RESOLUTION NO. 024993
Resolution expressing the Corpus Christi City Council's desire to host the Year 2006
Association of Mayors, Council Members and Commissioners annual conference.
The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
Mayor Neal opened discussion on Item 15, convention center expansion and arena
construction. Council Member Scott expressed concern about the construction schedule, particularly
how it relates to the fall 2004 basketball season. Mr. Kevin Stowers, Assistant Director of
Engineering Services, said that 18 months was the original estimated conslxuction time prior to
hiring the architect very early in the project. He said that 22 months is the current estimate and it has
been for the last 1 ½ years. He said the arena should be open by the end of July or the first of August
in 2004. Mr. Stowers added that the arena groundbreaking is scheduled for November 2002.
Council Member Kinnison said this proposal is to amend the contract for an additional
$736,465. He said he thought many things contained in the proposed amendment would have been
included in the original contract. Mr. Stowers said the architects presented several options to city
staffand the Council. He said initially the project was not well defined but, through the input of the
Mayor's Advisory Committee and community members, more input has been received. He said they
do not anticipate any major future amendments to the contract.
City Manager Garcia said they first considered the simplest and most cost-effective arena
design, which was a single deck of seating with the luxury boxes situated along the top. The
management consultant, SMG, suggested a different design which would more effectively use the
luxury seats.
Minutes - Regular Council Meeting
September 9, 2002 - Page 9
Mr. Kinnison also asked about the street alignment modifications. Mr. Stowers said that a
local civil engineering sub-consultant, MEI Govind, will be undertaking all of that work. He said in
order to improve traffic flow, the two islands in front of the arena will be narrowed. Mr. Garcia said
there was a considerable mount of discussion about traffic flow during previous meetings. He added
that the mad underneath the convention center will be closed, which necessitates many types of
reconfigurations. Mr. Stowers discussed the convention center roof and ballroom design changes.
He added that it fails within the capacity of the 2% sales tax.
Council Member Noyola asked why this item was included on the consent agenda. Mr.
Garcia replied that staff has discussed most of these items individually with the Council and, rather
than amend the contract with each individual item, staff opted to bring one contract amendment
forward. Responding to Council Member Colmenero, Mr. Garcia said the design portion is
completed and the complete construction documents for the arena will be advertised next week and
in 30 days for the convention center. Mr. Stowers said there may be some future change orders
during the construction phase, particular with the convention center, because that is not uncommon
when dealing with an existing facility. Mr. Colmenero said he would like to see some measurable
details about SMG's performance.
Mr. Garcia also noted that he had a meeting with representatives of the Port of Corpus Christi
Authority, RTA and the Downtown Management District regarding the alignment of Shoreline
Boulevard. He said they will ask the architect to submit a proposal to begin that dialogue.
Council Member Longoria said the Council gave staffthe direction to make these contract
amendments several months ago and now it is time to pay for them. Council Member Chesney said
the Council told SMG they wanted the arena to consist of two tiers. Mr. Scott asked if updated
design drawings will be available, and Deputy City Manager Noe replied affmnatively. He added
that they did make commitments for the arena to be open for the 2004-05 basketball and hockey
seasons. Mr. Longoria said one of the reasons for possibly realigning Shoreline near the arena and
convention center is to create a park next to the water. City Secretary Chapa polled the Council:
15.a. ORDINANCE NO. 025003
Ordinance appropriating $425,000 from the Hotel Occupancy Tax Fund No. 1030 Reserve
for Convention Center Expansion/Renovation; authorizing the transfer of $425,000 and
appropriating $425,000 in the Convention Center Expansion/Renovation Capital Fund No.
3180; amending Ordinance No. 024974 which adopted the FY2002-2003 annual budget by
increasing appropriations by $425,000.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Kelly abstaining.
15.b. M2002-292
Motion authorizing the City Manager or his designee to execute Amendment No. 2 in an
amount not to exceed $736,465 to the architectural services contract with Thompson,
Minutes - Regular Council Meeting
September 9, 2002 - Page 10
Ventulett, Stainback & Associates Inc. for additional design and construction phase services
for the Corpus Christi Bayfront Convention Center and Multipurpose Arena.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kinnison, Longoria, Noyola, and Scott voting "Aye"; Kelly abstaining.
Mayor Neal opened discussion on Item 17, assignment of a lease. Responding to Council
Member Kinnison, Mr. Dan Whitworth, Director of Park and Recreation, said this is a restaurant
facility on Corpus Christ Beach next to the Texas State Aquarium that has been known as The
Boathouse which has been vacant for some time. He said there are only about nine months left on
the current lease and the contract stipulates that the Council must approve any assignment of the
lease. City Secretary Chapa polled the Council for their votes as follows:
17. ORDINANCE NO. 025005
Ordinance approving assignment of the "Five Year Lease with Johnson Survivor's Trust, Leo
E. Johnson, Trustee, submerged land adjacent to Lot 2, Block G, Brooklyn Addition"
(Ordinance No. 023250) to Channel Investments, Ltd.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
Mayor Neal opened discussion on Item 10, Gang Analysis Unit grant. City Secretary Chapa
stated that staff wished to amend Item 10.b. by adding "transferring $59,631 from the No. 1020
General Fund and appropriating it in the No. 1050 Federal/State Grants Fund as matching funds."
Mr. Longoria made a motion to amend Item 10.b. as stated, seconded by Mr. Colmenero, and passed.
There were no comments from the audience. Mr. Chapa polled the Council for theft votes as follows:
10.a. M2002-290
Motion authorizing the City Manager or his designee to accept a grant in the amount of
$15,683 from the State of Texas, Office of the Governor, Criminal Justice Division for fifth
year funding of the Gang Analysis Unit of the Police Department and to execute all related
documents.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
10.b. ORDINANCE NO. 024999
Ordinance appropriating $15,683 in the No. 1050 Federal/State Grants Fund from the State
Minutes - Regular Council Meeting
September 9, 2002 - Page 11
of Texas, Office of the Governor-Criminal Justice Division for fifth-year funding of the Gang
Analysis Unit of the Police Department; transferring $59,631 fi.om the No. 1020 General
Fund and appropriating it in the No. 1050 Federal/State Grants Fund as matching funds.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longofia, Noyola, and Scott voting "Aye."
Mayor Neal referred to Item 23, a public hearing on the proposed re-naming of Parkdale
Drive to Whataburger Way. A motion was made, seconded and passed to open the public hearing
and the Mayor called for public comment.
Mr. Abel Alonzo, 1701 Thames, said he is not opposed to the name change but heis
concerned about how much it will cost, particularly changing the maps. He said anytime the Hispanic
community wants to change a street name to honor a Hispanic leader, there are serious obstacles.
Council Member Scott made a motion to close the public hearing, seconded by Council
Member Chesney and passed.
Council Member Kinnison asked about the number of property owners on the subject street.
Mr. Escobar said there are four property owners listed on page 258 in the agenda materials. He said
staffreceived written confirmation fi.om Whataburger Inc. On a previous erroneous mail out (which
identified the proposed new name as "One Whataburger Way"), staffreceived written confirmation
from I. Goltzman & Sons but they did not respond to the second, correct mail out. Mr. Escobar said
staff received a letter fi.om Mr. Elmon Phillips, Chairman of the Nueces County Historical
Commission, stating that street name changes should occur only under special cimumstances.
Responding to additional questions fi.om Mr. Kinnison, Mr. Escobar said the subject street
is two blocks long. He said city maps are updated consistently and the cost shown by staff for this
request is for the actual new street sign. City Manager Garcia said that the new street name change
procedure has deterred some people fi.om wanting to change a street name for personal reasons.
Council Member Kelly referred to Mr. Phillips' letter and asked if Parkdale Drive has
historical significance. Mr. Garcia said staffis not aware of any historical significance and had there
been any, the Historical Commission would have noted it. Mr. Garcia said the request a few years
ago to change the name of Agnes Street to Cesar Chavez Boulevard was controversial and involved
a very long street section. He said the current ordinance requires that 75% of the property owners
consent to a street name change.
Council Member Longoria pointed out that staffdoes not make the actual decision on a street
name change request-that responsibility lies with the Council. Council Member Scott complimented
Whataburger Inc. and said he supports their request. City Secretary Chspa polled the Council for
their votes as follows:
Minutes - Regular Council Meeting
September 9, 2002 - Page 12
23.b. FIRST REA. DING ORDINANCE
Ordinance changing the name of Parkdale Drive to Whataburger Way between Gollihar Road
and Everhart Road.
The foregoing ordinance passed on first reading by the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
Mayor Neal referred to Item 24, a public hearing to consider vacating and abandoning a
5,021.46 square foot portion ora 40-foot wide unimproved street right-of-way out of Lots 35 and
36, Block 817, Port Aransas Cliffs Addition, adjacent to the Alameda Street right-of-way. A motion
was made, seconded and passed to open the public hearing. The Mayor called for public comment.
Mr. Bill Kopeck-y, 3609 Topeka, said his comment does not pertain to this particular
proposal. He said about a year ago the city let the Surgical Center use some right-of-way for parking
and they were supposed to build a bikeway from Alameda to Topeka Street. Mr. Escobar said he will
provide an answer to Mr. Kopecky's question.
Council Member Garrett made a motion to close the public hearing, seconded by Council
Member Longoria, and passed. City Secretary Chapa polled the Council for their votes as follows:
24.b. ORDINANCE NO. 025012
Ordinance vacating and abandoning a 5,021.46 square foot portion of a 40-foot wide
unimproved street right-of-way out of Lots 3 5 and 36, Block 817, Port Aransas Cliffs
Addition, adjacent to the Alameda Street right-of-way so that the tract of land can be sold as
surplus property.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Scott abstaining.
24.c. ORDINANCE NO. 025013
Ordinance approving the sale of surplus property consisting of 5,021.46 square feet out of
a 40-foot wide unimproved street right-of-way fi'om Lots 35 and 36, Block 817, Port Aransas
Cliff Addition, and authorizing the City Manager or his designee to execute a real estate sales
contract with the adjacent properly owner, Dr. James A. Ayers, for the fair market value of
$18,250.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Scott abstaining.
Minutes - Regular Council Meeting
September 9, 2002 - Page 13
Mayor Neal opened discussion on Item 26, contract for public access studio and equipment
management. Ms. Susan Cable explained that Time Warner closed their public access studio and
editing room on August 25, 2002. She said they do continue to provide channels for broadcasting
of public access programming. As part of the franchise agreement, Time Warner gave the city studio
and editing equipment and both Time Warner and Grande Communications are each giving the city
$3,500 annually for maintenance of the equipment.
Ms. Cable said that of the 80 producers whose programs air on Channel 10 and Channel 18,
12 are using the studio, 17 use the editing equipment (there is some overlap between those two
groups), and 11 check out the cameras (some only very sporadically). She said that on July 19~h the
city sent out a request for proposals (RFP) to manage the studio and editing equipment for use by
the public access producers. The city received two proposals: one from South Texas Informer
Educational Foundation Inc. (Education Foundation), a local non-profit group that promotes
journalism, and the other from NuPAC, a group of public access users.
Ms. Cable said the two proposals differed significantly in several aspects. She said the
Education Foundation will provide their own facility and requested a one-time payment of$15,000
to help with the studio and equipment set-up. NuPAC requested an annual payment of $154,000 and
a facility to be leased by the city to NuPAC for $1 per year. There were also a number of other
differences. She said city staffis recommending that the city contract with the Education Foundation
for one year with extension options. If approved, the editing equipment and cameras will be available
to be checked out by September 23~a and the studio will be operational on or before October 14th. The
studio, which is located at 3038 Leopard, will be open from 4 p.m. to 9 p.m. on weekdays.
Council Member Noyola asked who owns the facility in question. Ms. Cable replied that Mr.
Robert Adler owns it. She said the wiring and outlets are ready for use bythe equipment. Responding
to other questions from Mr. Noyola, Ms. Beverly Winters, representing the Education Foundation,
said she has a publication called The South Texas Informer and Business Journal. She said they have
technicians, some of whom are volunteers, who will operate the studio. Ms. Cable said the $15,000
one-time payment will come from a grant fi.om Time Warner.
Mr. Noyola said Time Warner told the Council they were spending $152,000 per year to
operate a studio and he questioned how the Education Foundation will be able to provide that service
so inexpensively. Ms. Winters replied that they intend to do some fired raising. She added that they
will not charge the public access members to use the studio or equipment. She also questioned Time
Wamer's costs for that service. Ms. Cable said they will be tracking the use and operation of the
studio. She added that currently Time Warner is holding the equipment and she and Ms. Winters
have inventoried the equipment.
Mr. Noyola said he does not feel comfortable with this proposal. City Manager Garcia said
that according to federal law, cable companies are not required to provide public access studios. As
a result, Time Warner said they would no longer do so but would provide the equipment to someone
else. He said the city had the option to take over this operation but staff recommended against it
because it is not a municipal responsibility. Mr. Noyola said he thinks the city should have conducted
more intensive negotiations on this issue.
Minutes - Regular Council Meeting
September 9, 2002 - Page 14
Council Member Kinnison asked if the public access users' input was solicited on this
proposal. Ms. Cable said she conducted a survey during the Cable CommunicatiOns Commission
meeting on August 26~ and has made two rounds of phone calls to the Channel 10 access users,
asking them specific questions about their equipment needs. She said the majority of the users do
not have concerns about this proposal, although there may be a small group who do.
Mr. Kinnison said he feels the city did not have a choice because one of the proposals was
totally unacceptable and he has many questions and concerns about the other proposal. He said he
thought the city was going to try to provide a public facility in which to house a studio. Ms. Cable
said she met with Mr. Herb Canales, Director of Libraries, and his staff and they identified a room
fi.om which users could check out the editing equipment and cameras. She said they have no
facilities or staff for a studio. In addition, no resources were allocated and there was a definite time
constraint involved. She said city staffhas provided this information to the 12 users of the studio
during the Cable Commission meeting and through other means. She said most users were concerned
with the availability of the studio and had specific technical questions.
Council Member Kelly said he was also concerned about this proposal because the Education
Foundation does not have a public access show and therefore has no direct stake in what is going on.
He said they will have the task of operating the studio and working with a very diverse group of
individuals with strong opinions. Ms. Cable said the Education Foundation has been working with
some people, one of whom had a public access program. She said they plan to establish an advisory
council consisting of producers of educational, religious, government and public access programs.
Mr. Kelly asked about the term of the lease of the facility, and Ms. Winters said it is for one year.
Ms. Cable added that the Public Access Users Group-and not the studio operators--handles the
scheduling of the programs.
Council Member Longoria said the con~'act needs to ensure that the donated equipment is
protected. Ms. Cable said city staff asked and Time Warner granted an extension of the delivery of
the equipment. She said there is a back-up plan to check out the editing and camera equipment
through the library but they do not have a back-up plan for a studio operation.
In reply to Council Member Garrett, Ms. Cable said there are a total of S0 producers of shows
on Channels 10 and 18; there are 48 Channel 10 users and 32 to 35 Channel 18 users who signed up
for programming slots during the interim lottery; there are 12 producers who use the studio; and 17
who use the editing equipment (with some overlap).
Council Member Colmenero said he is familiar with the process of producing a television
program. Ms. Cable said staffwanted to ensure that the studio operator provided a sufficient number
of hours for its use as well as post-production (editing) use. Mr. Colmenero commented on the age
of the equipment and he asked about performance measures, which Ms. Cable addressed.
Mayor Neal called for public comment.
Mr. Abel Alonzo said Ms. Cable's character and credibility have been attacked. He said there
is a minority of cable access users who will not listen to reason. He said they do not have a mandate
Minutes - Regular Council Meeting
September 9, 2002 - Page 15
to represent the other users, who only want their tapes to be shown. He said the taxpayers are funding
these services and the city has worked hard to make sure they are provided. He said he chooses to
produce and host his own cable access program and no one owes him anything.
Ms. Mary Beth Nelson, President of NuPAC, said she has been the head of electronic music
studios in Europe and at maj or U.S. universities. In addition, all the NuPAC members have hands-on
experience with the necessities of operating a studio. She said that while Ms. Winters and Mr. Bob
Jones have experience in their own fields, they do not have experience operating a studio. She said
NuPAC has been excluded from this process from the outset. She said they would be glad to work
with city staff on reaching a reasonable figure on what it would take to run a studio. Ms. Nelson
added that $7,000 a year is not sufficient to maintain the equipment.
Mr. Lionel Parnther said he is a friend of Ms. Winters and they have been working to develop
a small business incubator. He said a studio operation fits in well with their concepts and they are
willing to take on that challenge, despite the short time line involved. He said even if they do not get
the studio, they intend to move ahead with their incubator project.
Mr. R.E. Byers, 4634 Blundell Dr., said he has been associated with public access television
since 1998. He said Ms. Wintem is on record as saying they are going to use the equipment until they
cannot use it anymore. He also said Mr. Jones has convinced city staffthat he is an expert in public
access, although Mr. Byers said he is not. He added that due to the time constraints, political
commentators will not have a voice prior to the November election.
Mr. J.E. O'Brien, 4130 Pompano, said the Corpus Christi Taxpayers Association's program
is probably the oldest one mnn'mg on public access. He said he disagrees with most of Ms. Cable's
comments and agrees with Mr. Kinnison that both of the proposals should be scrapped and the
process should begin again. He said he is opposed to ail of Item 26, adding that he has not seen Ms.
Winters attend public access meetings. He also questioned whether city staff have seen any financial
statements from the Education Foundation.
Mr. Jose Marroquin, 2433 Allencrest, said he used the editing equipment and Time Warner
gave them three hours to produce a one-hour program, which sometimes was not sufficient. He
questioned whether this proposal will provide enough operational hours for the users and whether
the equipment will withstand heavy use.
Mr. Bob Jones said he is a pastor and businessman and he has experience with television
equipment. He said he was asked to assist with the business incubator project and, subsequently, the
studio operation. He said there are not many minorities in broadcasting, either in front of or behind
the camera, and this seemed to bo an opportunity to further the Education Foundation's mission. He
said their intent was to make a studio facility accessible as quickly as possible. He added that they
feel they can be self-sustaining in a few years.
Mr. Rene Saenz said that after he appeared on a public access show, Mayor Neal approached
Mr. Sacnz and said he wanted to help and he mentioned possibly using space at the library in Flour
Bluff. Mr. Saenz said they followed the Mayor's advice and formed a non-profit group but now he
Minutes - Regular Council Meeting
September 9, 2002 - Page 16
feels they were not listened to. He said the Council has a tendency to depend on city staff for much
of their information and they did not know that Time Warner did not intend to continue operating
the studio. Mayor Neal said the rest of the Council knew that but he did not.
Council Member Chesney verified fi.om Msi Cable that NuPAC wanted to be paid $154,000
annually and to lease a city-owned building for $1 per year to operate a studio, while city staffis
recommending the Education Foundation's request for a one-time payment of $15,000 and $7,000
per year. He said that is a huge discrepancy and he noted that NuPAC has not yet been granted its
non-profit status. He further referred to a comparison of the two proposals in the agenda materials
and thanked Ms. Cable for her efforts.
Mr. Noyola said he does not know how the Education Foundation will be able to operate the
studio with the funds provided. He said once the equipment breaks down, the city will not pay for
it. Mr. Noyola then made a motion to table Item 26, which was seconded by Mr. Kinnison. The
motion to table failed by the following vote: Colmenero, Kinnison and Noyola voting "Aye"; Neal,
Chesney, Garrett, Kelly, Longoria, and Scott voting "No."
Mr. Kinnison said staffhad no choice as to which proposal to recommend to the Council.
However, he said the question comes down to whether or not that is the level of service the city
wants to provide to the cable access users. He said he was interested in finding some level of funding
to enhance the studio's operation because he doubts the hours will be adequate to meet the users'
needs. He said he will not support staff's recommendation and would rather not take any action at
this time.
Mr. Colmenero said he does not think there is a satisfactory solution and he added that the
Education Foundation should reassure the Council that they will provide adequate opportunities for
people to use the studio. Ms. Cable said if the usage increases, the Education Foundation has said
they would be open to further discussing that issue.
Responding to Mayor Neal, Ms. Cable said the equipment is estimated to be worth $148,430.
The Mayor said he wanted to make sure that they do not purchase replacement equipment without
first obtaining the Council's approval. She said the city will retain ownership of the equipment and
will provide the insurance coverage. She said the contract contains a provision that the contractor
is required to report inoperable equipment within a certain time flame. City Secretary Chapa polled
the Council for their votes as follows:
26.a. ORDINANCE NO. 025014
Ordinance appropriating $18,500 fi.om the Unreserved Fund Balance designated for
government/public access equipment and facilities in the No. 1020 General Fund for access
channel equipment and facilities; amending Ordinance No. 024974 which adopted the
FY2002-2003 Budget, to increase appropriations.
An emergency was declared and the foregoing ordinance passed: Neal, Chesney, Garrett,
Kelly, Longoria, & Scott voting "Aye"; Colmenero & Noyola voting''No"; Kinnison absent.
Minutes o Regular Council Meeting
September 9, 2002 - Page 17
26.b. ORDINANCE NO. 025015
26.c.
Ordinance appropriating $3,500 fi.om ClearSource/Grande Communications Inc. cable
fi'anchise in the No. 1020 General Fund for access channel equipment and facilities;
amending Ordinance No. 024974 which adopted the F Y2002-2003 budget, to increase
appropriations.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Garrett, Kelly, Longoria, and Scott voting "Aye"; Colmenero and Noyola voting "No";
Kinnison absent.
M2002-293
Motion authorizing the City Manager or his designee to execute a contract with the South
Texas Informer Educational Foundation Inc. for a 12-month period with a renewal option of
two additional two-year periods, subject to the approval of the contractor and the City
Manager or his designee, to manage a public access studio and editing equipment with city~
owned equipment for public access producers for a one-time payment of$15,000 for facility
and equipment set-up and $7,000 for equipment maintenance.
The foregoing motion passed by the following vote: Neal, Chesney, Garrett, Kelly, Longoria,
and Scott voting "Aye"; Colmenero and Noyola voting "No"; Kinnison absent.
Mayor Neal called for petitions from the audience.
Ms. Crystal Lyons, 13901 Cabana North, said she received a copy of the presentation under
Item 25 regarding the Americans with Disabilities Act (ADA) transition plan a few hours before the
Council did. She said the dratt proposal estimates that curb cuts will cost $205 million in 2002
dollars. She said currently the average cost is $2,500 per curb ramp which would instead total about
$50 million. She said she was kept out of the core group meetings on this issue.
City Manager Garcia said staff tried to be as accurate as possible when developing those cost
estimates. He explained that many of the city's storm inlets are located at street intersections and
much of the ramp reconstruction involves changing the location of the storm inlet as well. Ms. Lyons
said she doubts that would increase the cost of the ramps by 400%.
Mr. Abel Alonzo thanked Ms. Lyons and her committee for doing what he was not able to
do for 12 years. He said he is very glad this is happening because it should have been dealt with
many years ago. He said he is sad that Ms. Lyons and the committee were not involved in the
transition plan.
Minutes - Regular Council Meeting
September 9, 2002 - Page 18
Mayor Neal referred to Item 25, a presentation about the city's draR h'ansition plan (Title ID
under the Americans with Disabilities Act (ADA). City Manager Garcia said that Ms. Lyons raised
an important point about the costs to implement the plan. He said that storm inlets are just one of the
factors that complicate the issue of curb cuts. He then introduced Mr. L. David Ramos, Director of
Human Relations, who gave a computer presentation about the plan.
Mr. Ramos explained that in 1990 the Americans with Disabilities Act was enacted, which
provided civil fights to people with disabilities. Under the ADA, the city is a Title II public entity
for ADA compliance. He said that enfomement of the ADA falls under the Department of Jnsfice.
However, broad language in the law has resulted in the courts rendering clarification and specific
guidelines. Mr. Ramos said that the city's first ADA self-evaluation was conducted in FY 1992-93
but funding constraints have limited the number of ADA improvements and full implementation has
not yet been realized. Over the past 10 years, some ADA improvements have been addressed through
certain CDBG funds and bond funds. Compliance is also addressed through construction plan
reviews for the capital improvement plan projects.
Mr. Ramos then discussed the draft transition plan, which he emphasized is a work in
progress. He said that in FY 2001-02, the city revisited its transition plan and began a reevaluation
process, incorporating the following actions: designation ora new citywide Title II coordinator and
a new Transition Plan Oversight Core Group; training of departmental ADA coordinators;
distribution of new self-evaluation guides for reevaluation of city departments; completion of self-
evaluations on facilities (including follow-up site visits), services, activities and programs; and
development of new citizen grievance forms and a city policy for accessibility issues.
Mr. Ramos said that six public meetings were held throughout the community to receive
input, which was compiled and incorporated into the revised 2002 transition plan. He said city staff
have provided updates to the Committee for Persons with Disabilities and they have developed cost
estimates with the Building Maintenance and Engineering departments. He added that staff continues
to explore funding options for ADA improvements.
The Human Relations Director said the remaining tasks in the transition plan process include
receiving further input from advisory boards, intergovemmental agencies and the general public;
adopting the transition plan and incorporating it into the city budget; monitoring ADA improvement
projects; and providing annual project status reports. He explained that previously he had given the
Committee for Persons with Disabilities a summary of the draft transition plan but he wanted to give
the full presentation to the Council first.
Mr. Ramos went on to say that the transition plan identifies current ADA improvements and
implementation for the public's access in the areas of facilities, programs and activities, curb ramps
and site development services. He noted that the plan is the right thing to do to make the city more
accessible to citizens and visitors alike. He then showed slides illustrating accessible drinking
fountains, restrooms, wall fixtures (light switch, electrical sockets and fire alarm lever), service
counter, parking area, parking space and ramp.
He said that specific program improvements for accessibility include the following: at City
Minutes - Regular Council Meeting
September 9, 2002 - Page 19
Hall-closed-captioning of City Council meetings and public service announcements and accessible
city services via the interact; at customer service stations-auxiliary aids for cashiering, collections
and other customer service; at recreation centers-exploring multi-level programs; at the museum-
devices for the viewing area and theater and closed-captioning of exhibit computers and videos; at
the libraries-seeking grants for public computer workstations with software; and in other areas-
promotion of the standing agreement with qualified interpreter services.
In the new area of site development services, Mr. Ramos said that in the interest of all
citizens and visitors, the city will continue to review/approve plats and plans for ADA accessibility
for subdivisions and commercial development; explore ADA compliance for commercial
redevelopment projects; and recommend expanding city inspections of commercial facilities.
Another important accessibility issue is street curb ramps. He said that of the 1,131 total
miles of city streets, there are 377 miles with completed curbs; 280 miles with no curb and are
unconstmcted streets; and 474 miles of remaining curbs. He noted that whenever exisfmg streets are
altered, existing ramps will be upgraded to today's standards and new ramps will be constructed
where applicable. With regard to new street construction, accessible ramps are already part of the
project cost for the city. He said that through this transition plan, curb ramp projects will be
scheduled for construction at medals and collector streets city-wide because those are the most
traveled streets. He said individual citizen requests will also be accepted.
Mayor Neal recessed the regular meeting to allow the Council to participate in the burying
of the time capsule as part of the city's sesquicentennial events.
Upon reconvening the meeting, the Mayor asked Mr. Ramos to continue with his presentation
about the city's draft ADA t~msition plan. Mr. Ramos said that in setting a time frame for the ADA
improvement projects, the cost and funding options needed to be determined for a feasible
implementation. He listed the estimated costs as follows: public facilities, $599,805; services/acti-
vities/programs, $136,730 with estimated annual costs of $117,480; site development services,
$10,000; outreach, $5,000; and street curb ramps, $205 million (estimated in 2002 dollars).
Mr. Ramos said that staffis considering the following funding options: operating budget for
FY 2003-04, utilizing fimding related to renovation and building alterations; Metropolitan Plauning
Organization; commitment of $1 million per year for curb ramps in bond projects beginning in FY
2004-05; and CDBG funds. He said the estimated cost for years 1-5 is $5.89 million and $6.26
million each five-year period thereafter through year 25. The estimated costs include $10,000 for site
development in years 1-5 and $25,000 for ongoing outreach.
Issues on the horizon for Title II ADA include finalization of federal regulations on outdoor
recreation accessibility and consideration by the state legislature of ADA funding through a $1 utility
surcharge. He said future city actions for accessibility are to keep abreast of regulatory changes and
legislative action; explore automation to manage the transition plan working document; and expand
ADA training, awareness and outreach as well as staffcertification.
MayorNeal asked staff to explain how they arrived at the estimated cost of $205 million for
Minutes - Regular Council Meeting
September 9, 2002 - Page 20
curb ramps. Mr. Escobar said that while curb ramps currently cost $2,500 each, there are often other
construction issues that increase the cost, such as relocating a fire hydrant, storm inlet, electrical
pole, manhole and valve box. In addition, traffic signals may have to be readjusted. He said it is
much more expensive to retrofit an existing curb than to build a new accessible curb.
Responding to Council Member Scott, Mr. Escobar said the approach the committee has
taken regarding ADA compliance is that they will concentrate on a mutually agreed plan to
incorporate improvements within the first five years as well as include a set amount of funding for
curb ramps requested by individual citizens and curbs located on collector and arterial streets.
Referring to the plan's time line, Mayor Neal said it appears that the city's ADA compliance
at the end of 25 years will be the same as it is today. Mr. Escobar said it will be improved because
of the need to continue to upgrade city streets through bond projects, thereby incorporating curb
ramps into the reconstructed streets. Mr. Garcia pointed out that staffis recommending including $1
million per year to retrofit with curb ramps those existing streets that will not have any other
improvements made to them. In addition, he said the city will not design or build any new facilities
that are not accessible.
Mayor Neal said if the Council and staffput their minds to it, they could probably find the
approximately $700,000 in next year's budget to pay for the identified improvements in the areas
of public facilities, services/activities/programs, site development services and outreach. However,
he said he is concerned that there is not yet a "road map" to coustmct curb ramps on the remaining
474 miles of city streets within a reasonable period of thne. Mr. Garcia said the keyis how to find
the money to do that and some options are to raise taxes or put it on a ballot and let the voters decide.
Additional discussion ensued.
Mr. Scott asked staff to provide the Council with information about what other cities are
doing to reach ADA compliance. He added that he thought the Committee for Persons with
Disabilities should have seen this full presentation first so the Council could have their input.
Council Member Garrett asked if the ADA standards change over the years. Mr. Escobar said
they do, pointing out that there have been three revisions in the last 10 years, which he explained.
Mr. Garrett asked who determines the ADA standards and Mr. Escobar said architects have to submit
their design plans to the state and then once construction is completed, an inspection is done by a
state-certified inspector to ensure ADA compliance.
Council Member Colmenero asked about the source of the proposed $1 million per year for
curb ramps. Mr. Ramos said most of the current accessibility needs are within the General Fund
departments. Mr. Colmenero said he would like to see how the capital improvement plan matches
with the $1 million.
Mayor Neal asked if CDBG funds can be used for facilities. Mr. Hector Vallejo, Acting
Director of Housing and Community Development, said that CDBG rules do allow for the removal
of architectural barriers in existing facilities but he cautioned against becoming too reliant on those
funds due to increasing constraints.
Minutes - Regular Council Meeting
September 9, 2002 - Page 21
Council Member Chesney said he agrees with Mr. Scott that this report should have gone
through the Committee for Persons with Disabilities first. Mr. Garcia said this was the first in a
number of presentations that will be made about the transition plan. He said staff will incorporate
the Council's suggestions and come back in the future with a revised draft.
Mayor Neal opened discussion on Item 27, Pope Parks master plan. Mr. Whitworth said this
plan was developed as a grassroots initiative by neighbors and members of the Santa Fe Soccer
League in response to vandalism that was occurring in the parks. He said the proposal is to
incorporate perimeter improvements to discourage vehicular access. He said the participants are
involved in a fund raising effort and they plan to submit grant applications for the improvements.
Responding to Council Member Scott, Mr. Whitworth said staff made available to the
organizers some of the existing inventory of palm trees. Mr. Scott said he will be meeting with the
citizens soon. Mr. Whitworth said that lighting is included in phase three of the plan. Mr. Scott
complimented the organizers for their efforts. Council Member Chesney said this is an example of
the type of neighborhood-driven plans that are being implemented.
Council Member Kelly asked if staff has used the Tree Awareness Council as a resource, and
Mr. Whitworth said they have. Council Member Colmenero commended staff for their ongoing
efforts. There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
27. M2002-294
Motion to approve the Pope Parks Master Plan project as presented.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent.
Mayor Neal opened discussion on Items 28 and 29 regarding the Business Resource Center.
Mr. Ken Trevifio, Director of the Minority Business Opportunity Committee 0VIBOC), said the first
agenda item is intended to expand the organization's scope of duties in order to assist all small
businesses as opposed to minority-only businesses. The second agenda item is to move MBOC into
a new location along with the Minority Business Development Center, Hispanic Contractors
Association, Westside Business Association, and the Black Chamber of Commerce. He said there
will also be three more offices that can be leased out to small businesses as part of an accelerator
program. There were no comments from the audience.
Council Member Scott said Mr. Trevifio and others have worked hard to reach this point. He
said that Council Member Longoria had to leave the meeting but he wanted to extend his
appreciation to those involved. City Secreta~ Chapa polled the Council for their votes as follows:
Minutes - Regular Council Meeting
September 9, 2002 - Page 22
28. FIRST READING ORDINANCE
Ordinance amending the City Code of Ordinances, Division 12, changing the name of the
"Corpus Christi Bay Area Minority Business Opportunity Committee Program" to the
"Business Resource Center."
The foregoing ordinance passed on first reading by the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longofia absent.
29.a. M2002-295
Motion authorizing the City Manager or his designee to execute a two-year lease agreement
with a one-year option with Censo Properties Ltd. for property located at 400 South Padre
Island Drive for the Business Resource Center at the following monthly rates: Year 1:
$3,427; Year 2: $3,427; and Option Year 3:$3,515, contingent upon execution of sublease
agreements with the Minority Business Development Center, Hispanic Contractors
Association, Westside Business Association, and the Black Chamber of Commerce.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent.
29.b. M2002-296
Motion authorizing the City Manager or his designee to develop sublease agreements with
a third-year option for property located at 400 South Padre Island Drive with the following
agencies: Minority Business Development Center, Hispanic Contractors Association,
Westside Business Association, and the Black Chamber of Commerce.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longofia absent.
30.
31.
32.
Mayor Neal announced the executive sessions, which were 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 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 Section 551.071 regarding City of
Corpus Christi v. William P. Riddick et al, No. 95-7104-G, 319th District Court, Nueces
County, Texas, with possible discussion and action related thereto in open session.
Executive session under Texas Government Code Section 551.071 regarding Mary Beth
Minutes - Regular Council Meeting
September 9, 2002 - Page 23
Nelson and Jack Gordy vs. City Of Corpus Christi, Corpus Christi City Council, Mayor of
Corpus Christi, and City Manager of Corpus Christi, Civil Action C-02-282, United States
District Court Southern District of Texas Corpus Christi Division, with possible discussion
and action related thereto in open session.
The Council went into executive session. The Council returned from executive session.
Mayor Neal made the following motion, which was seconded by Council Member Kinnison:
31. M2002-297
Motion authorizing the City Manager to settle the case of City of Corpus Christi v. William
P. Riddick et al, No. 95-7104-G, 319th District Court, Nueces County, Texas, by accepting
the offer proposed by the defendants and executing necessary documents to implement the
settlement.
The foregoing motion passed by the following vote: Neal, Chesney, Garrett, Kelly, Kinnison,
Noyola, and Scott voting "Aye"; Colmenem and Longofia absent.
Mayor Neal called for the City Manager's report. Mr. Garcia said that on September 11 ~ at
8:30 a.m. the city will hold a commemorative ceremony in honor of those who died during the
terrorist attacks last year in New York and Pennsylvania and at the Pentagon.
The Mayor thanked all those who organized the city's sesquicentennial events and he
distributed copies of the Council group photo to them as well as special medallions. Mayor Neal
called for Council concerns and reports.
Mr. Chesney announced that a town hall meeting will be held on September 30t~ at Miller
High School and a Friends of the Park meeting will be held October 9t~. Mr. Scott complimented the
Sesquicentennial Committee and in particular his wife, Carol, the committee chairperson. He
requested a report about the status of the Mortgage Credit Certificate program and he said he
received a letter about equipment at the Palms. Assistant City Manager Margie Rose reported that
all o f t he equipment h as been rernoved. Mr. Scott s aid h e h opes t o s hare a short powerpoint
presentation with the Council next week and he reported a problem with 18-wheelers taking the turn
at the intersection of Airline and Ocean Drive too tightly and damaging the brick wall there.
Mr. Noyola thanked the Sesquicentennial Committee and all citizens who came to City Hall
for the open house. Mr. Kelly said that in addition to the city's event, there will be a commemorative
September 11th event at Wildcat Stadium. Mr. Garrett said that he and Mr. Scott met with retired city
employees who expressed concern about their insurance statements. Mr. Garrett also referred to a
letter fi.om Mr. Gene Guernsey about a sign which actually belongs to the Padre Island Country Club.
There being no further business to come before the Council, Mayor Neal adjourned the
Council meeting at 7:55 p.m. on September 9, 2002.
2
Requested Council Date: 09/9/02
AGENDA MEMORANDUM
RECOMMENDATION: Motion approving a supply agreement for an estimated 1,553 cases of
white copy paper and 214 cases of colored copy paper in accordance with Bid Invitation No.
BI-0090-02 with Pollock Paper, San Antonio, Texas, based on low total bid for an estimated
six-month expenditure of $44,682.75. The term of the contract is for six months with options to
extend for up to four additional six-month periods, subject to the approval of the contractor and
the City Manager, or his designee. The paper is used by the various City departments.
BACKGROUND:
Purpose:
The copy paper is used by various City department for use in copy
machines; by the Print Shop for routine printing and reproduction;
and MIS Department for reproduction of reports.
Previous Contract:
The option to extend the current contract was not exercised, due to
the quantities and specification changes.
Bid Invitations issued: Sixteen
Bids Received: Nine
Price Analysis:
When compared to previous contract, pricing has decreased
approximately 15 %. The price decrease is partially due to new
bidderstinterest and a softening of the market for paper products.
Award Basis:
Low Total Bid.
Awarding line item contracts would require establishing four
separate agreements. The 4.6% price difference does not justify
the additional cost of administering four contracts.
For informational purposes, the City requested pricing for recycled
paper. However, pricing for recycled paper is 8% higher than the
recommended award for virgin paper.
Funding:
Police Dept.
Print Shop
Water Dept.
Warehouse Dept.
Mich~t~ ~arrera, Q.~.M.
Procurement and General Services Manager
520120-1020-11750
520120-5010-40010
520120-4010-30000
000000-5010-40000
$5,057
15,000
5,000
42,643
$67,700
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
BUYER: GABRIEL MALDONADO
BID TABULATION BI-0090-02
COPY PAPER
VENDOR
1. POLLOCK PAPER
SAN ANTONIO, TX.
FASCLAMPITT
CORPUS CHRISTI, TX.
XEROX CORPORATION
SAN ANTONIO, TX.
OFFICE DEPOT
CORPUS CHRISTI, TX.
WESTERN PAPER
CORPUS CHRISTI, TX.
XPEDX
SAN ANTONIO, TX.
CORPORATE EXPRESS
CORPUS CHRISTI, TX.
GULF COAST PAPER
CORPUS CHRISTI, TX.
C.C. DISTRIBUTORS
CORPUS CHRISTI, TX.
TOTAL PRICE
$44.682.7G
49,548.74
49,492.32
Ilncomplete- no bidding items 5 and 11)
37,766.24
[Incomplete- no bidding items 2, 5 and 11)
40,081.80
[Incomplete- no bidding items 9, 10, and 11)
46,440.64
IIncomplete. no bidding items 8-11)
49,055.20
Ilncomplete. no bidding items 8-11)
30,151.58
[Incomplete. no bidding items 2, 5, 7-11 )
25,833.50
~lncomplete- no bidding items 2, 3, 5, 7-11)
Note: The City requested pricing for recycled paper. However, pricing for recycled paper is 8% higher than the recommended
award for virgin paper.
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
BUYER: GABRIEL MALDONADO
BID TABULATION BI -0090-02
COPY PAPER
Total 544.682.75 $49,548.74 $49,492.32 $37,766.24 $40,081.80
Incomplete Incomplete Incomplete
(1) Awarding line Rem contracts would require establishing four separate agreements. The 4.6% price difference does notjustify the additional cost of administering four contracts.
Note: The City requested pricing for recycled paper. However, pricing for recycled paper is 8% higher than the recommended award for virgin paper.
Page 1 oft
Pollock Paper
San Antonio, Texas
FasClampitt
Corpus Christi, Texas
Xerox Corporation
San Antonio, Texas
Office Depot
Corpus Christi, Texas
Western Paper
Corpus Christi, Texas
Unit/Pnce
Extended
UmIlPrlce
Extended
Unit
Etended
Umt Price
Extended
Unit/Price
Extended
Item
Description
Oty
Non-Rec.
Price
Non-Rec.
Pdce
Price
Price
Non-Rec.
I Price
Non-Rec.
Price
( 1)
1
8 1/2" x 11, 20 Ib.# White
1085
$21.45 $ 23,273.25
$25.75
$ 27,938.75
$23.16
$25,131.75
$ 21.76
$ 23,609.60
$23.00 $ 24,955.00
( 1)
2
8 1/2" x 11, 24 lb.# White
120
32.00
3,840.00
34.26
4,111.20
40.48
4,857.20
No Bid
25.72 3,086.40
3
8 1/2" x 11, 20 lb.# White
200
23.50
4,700.00
26.00
5,200.00
32.87
6,573.83
23.52
4,704.00
24.70 4,940.00
3 hole predrilled
( 1)
4
8 1/2" x 14, 20 lb.# White
50
26.85
1,342.50
29.25
1,462.50
39.66
1,982.96
27.68
1,384.00
29.18 1,459.00
(
1)
5
8 1/2" x 14, 24 lb.# White
50
41.00
2,050.00
31.01
1,550.50
No Bid
No Bid
32.70 1,635.00
6
11 x 17, 20 Ib.# White
28
22.50
630.00
25.75
721.00
32.72
916.19
22.94
642.32
23.00 644.00
( 1)
7
11 x 17, 24 Ib.# White
20
32.00
640.00
30.54
610.80
43.18
863.64
42.54
850.80
25.72 514.40
(
1)
'. 8
8 1/7'x 11, 20 lb.# Color
89
30.50
2,714.50
29.81
2,653.09
40.20
3,578.16
33.28
2,961.92
32.00 2,848.00
( 1)
9
8 1/2" x 14, 20 lb.# Color
45
38.50
1,732.50
46.50
2,092.50
51.89
2,334.90
42.24
1,900.80
No Bid
(
1)
10
81/2" x 11, 24 Ib.# Color
40
41.50
1,660.00
39.81
1,592.40
81.34
3,253.67
42.82
1,712.80
No Bid
(
1)
11
8 1/2" x 14, 24 Ib.# Color
40
52.50
2,100.001
40.40
1,616.001
No Bid
No Bid
No Bid
Total 544.682.75 $49,548.74 $49,492.32 $37,766.24 $40,081.80
Incomplete Incomplete Incomplete
(1) Awarding line Rem contracts would require establishing four separate agreements. The 4.6% price difference does notjustify the additional cost of administering four contracts.
Note: The City requested pricing for recycled paper. However, pricing for recycled paper is 8% higher than the recommended award for virgin paper.
Page 1 oft
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
BUYER: GABRIEL MALDONADO
BID TABULATION BI -0090-02
COPY PAPER
Total
$46,440.64 $49,055.20 $30,151.58 $25,833.50
Incomplete Incomplete Incomplete Incomplete
(1) Awarding line hem contracts would require establishing four separate agreements. The 4.6% price difference does not justify the additional cost of administering four contracts.
Note: The City requested pricing for recycled paper. However, pricing for recycled paper is 8% higher than the recommended award for virgin paper.
Page 2 of 2
Xpedx
San Antonio, Texas
Corporate Express
Corpus Christi, Texas
Gulf Coast Paper
Corpus Christi, Texas
C.C. Distributors
Corpus Christi, Texas
Unit/Pnce
Extended
Unit/Price
Extended
UnitlPrice
Extended
Unit/Price
Extended
Item Description
Dry
Non-Rec.
Pace
Non-Rec.
Price
Non-Rec.
Price
Non-Rec.
I Price
1 8 1/2" x 11, 20 lb.# White
1085
$28.40 $ 30,814.00
$ 26.60 $ 28,861.00
$21.66 $ 23,501.10
$22.00 $ 23,870.00
2 8 1/2"x 11, 24 1b.# White
120
34.95 4,194.00
57.90 6,948.00
No Bid
No Bid
( 1)
3 8 1/2" x 11, 20 lb.# White
200
29.90 5,980.00
29.30 5,860.00
23.33 4,666.00
No Bid
3 hole predrilled
4 81/2" x 14, 201bA White
50
35.15 1,757.50
35.00 1,750.00
27.56 1,378.00
28.95 1,347.50
5 8 1/2" x 14, 241b.# White
50
44.45 2,222.50
73.60 3,680.00
No Bid
No Bid
( 1)
6 11 x 17, 20l1b.# White
28
27.63 773.64
27.90 781.20
21.66 606.48
22.00 616.00
7 11 x 17, 24 lb.# White
20
34.95 699.00
58.75 1,175.00
No Bid
No Bid
8 8 1/2" x 11, 20 Ib.# Color
89
No Bid
No Bid
No Bid
No Bid
9 8 1/2" x 14, 201b.# Color
45
No Bid
No Bid
No Bid
No Bid
10 8 1/2" x 11, 24 Ib.# Color
40
No Bid
No Bid
No Bid
No Bid
11 8 112"x 14, 24 ib.# Color
40
No Bid
No Bid
No Bid
No Bid
Total
$46,440.64 $49,055.20 $30,151.58 $25,833.50
Incomplete Incomplete Incomplete Incomplete
(1) Awarding line hem contracts would require establishing four separate agreements. The 4.6% price difference does not justify the additional cost of administering four contracts.
Note: The City requested pricing for recycled paper. However, pricing for recycled paper is 8% higher than the recommended award for virgin paper.
Page 2 of 2
3
Requested Council Action: 9/17/02
COUNCIL MEMORANDUM
RECOMMENDATION: Motion approving a supply agreement for serial publication
services, consisting of 460 magazine, newspaper and trade journal subscriptions, in accordance
with Bid Invitation No. BI-0132-02 with Popular Subscription Service, Terre Haute, Indiana,
based on only bid for an estimated annual expenditure of $29,981.68. 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 the Corpus Christi Public Library and the South Texas Library System in
FY02/03.
BACKGROUND:
Purpose:
The agency providing the service is responsible for
ordering new subscriptions, renewing existing
subscriptions, monitoring the delivery of all subscription
issues, canceling unwanted subscriptions and refunding any
monies due to the City for canceled or discontinued
publications.
Previous Contract:
The option to extend the previous contract has been
exercised, requiring the City to issue new bid invitations.
Bid Invitation Issued:
Four
Bids Received:
One
Basis of Award:
Only Bid
Historically, the City has received a limited number of bids
for this contract due to the specialized type of service
provided.
Price Comparison:
Pricing has increased approximately 11% from the previous
contract.
Funding:
Corpus Christi Public Library
520060-1020-12800
$30,000
pMrioCc~;lm~ena~rearn~ General Services Manager
South Texas Library System
520060-1050-807200
Total:
2,800
$32,800
City of Corpus Christi
Purchasing Division
Bid Tabulation
Bid Invitation No. B1-0132-02
SERIAL PUBLICATION SERVICES
Includes 460 magazine, newspaper,
and trade journal subscriptions.
Popular Subscription Services
Terre Haute, IN
4
CITY COUNCIL
AGENDA MEMORANDUM
September 17, 2002
AGENDA ITEM: Motion authorizing the City Manager, or designee, to execute a
contract with Dawson Recycling, Inc., guaranteeing the annual delivery of specific tonnage
of acceptable waste to the J. C. Elliott Landfill for a specified fee, for a pedod not to exceed
the life of the J. C. Elliott Landfill.
ISSUE: To enter into an obligatory "Put or Pay" contract with Commercial Solid Waste
Haulers delivering acceptable waste to the J. C. Eiliott Landfill for disposal.
BACKGROUND: With the acquisition and anticipated development of the Cefe
Vaienzuela landfill it is necessary to have a consistent fiow 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 Solid Waste
Staff worked assiduously to establish an instrument that is beneficial to both the
Commercial Solid Waste Hauler and the Solid Waste Services Department. Two
alternative versions of the contract were approved by Council last year. One provides for
a guaranteed annual volume of acceptable waste. The other provides for the deliver of all
waste collected by the hauler within the boundaries of the Coastal Bend Council of
Governments. Dawson Recycling, Inc., has chosen to accept the guaranteed annual
volume version. The contract will continue our efforts to stabilize waste volumes at J.C.
Elliott Landfill in preparation for future development at the Cefe Valenzuela Landfill.
RECOMMENDATION: Approve contract(s) as submitted.
J~'~/y ~. Kapman/
Director, Solid Waste Services
ADDITIONAL SUPPORT MATERIAL
Background Information
Contract Summary X
Ordinance/Resolution []
Map(s) []
ADDITIONAL BACKGROUND INFORMATION
CONTRACT SUMMARY:
The charge to the permitted hauler will be $19.50 per ton plus state fees. The haulers are
billed monthly. There will be penalties for late payments.
The agreed rates are available only to authorized permitted haulers who have been
permitted for at least 12 months.
The contract with Dawson Recycling Inc., guarantees the disposal of a specific annual
volume of acceptable waste, which is based on delivering greater than 80% of the tonnage
brought to the J.C. Elliott Landfill and the surrounding COG counties in 2001-2002.
The length of the contract is tied to the life of the J. C. Elliott Landfill and will help in
determining disposal calculations for the new Cefe Valenzuela Landfill.
The City will give all permitted haulers utilizing the J. C. Elliott Landfill a 12 months
notice of the anticipated closing of the landfill.
A permitted hauler may partner or form a co-op with smaller haulers, but will be required
to identify those haulers and provide the names and tonnage of each to establish base
tonnage. Assignment to another representative of a permitted hauler must be approved
by the City.
The City reserves the right to direct contracted haulers to an onsite transfer station to
minimize traffic on the working face of the landfill.
The City reserves the right to enact fees and ordinances for the purpose of collecting costs
attributed to the use of the landfill, adjacent city thoroughfares, and permits for the safe use
and operation of waste generated or transported within the City limits.
5
AGENDA MEMORANDUM
September 17, 2002
AGENDA ITEM:
Motion approving the reimbursement application submitted by Start Operations, Inc.,
Owner and developer of Block "A", Saratoga Subdivision, for the installation of 690 linear
feet of a 12-inch PVC water grid main; and
Ordinance appropriating $19,077.55 from the Water Artedal Transmission and Grid Main
Trust Fund No. 4030-209010 to pay developer reimbursement request for the installation
of 690 linear feet of a 12-inch PVC water grid main to develop Black "A", Saratoga
Subdivision; and declaring an emergency.
ISSUE: Start Operations Inc., owner and developer of Block "A", Saratoga Subdivision, has
completed construction of public improvements required to plat and is requesting
reimbursement of the installation of a water grid main within the Saratoga Boulevard
Right-of-Way in accordance with the Platting Ordinance.
RECOMMENDATION: Staff recommends approval of the motion and ordinance as
pr~
Art Sosa
Interim Director of Development Services
I~'~'Angel ~,. Escobar, P.E.
Director of Engineering Services
ATTACHMENTS:
Exhibit A
Exhibit B, B-1
Exhibit C
Exhibit D
Background Information
Location Map
Reimbursement Application
As-built Construction Cost
I:~HOMEWiAXINEB\GEN~REIMBURSEMENTS\WATER LINE~BLOCK A SARATOGA~AGENMEM.DOC
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
BACKGROUND: The development and platting of Block "A" Saratoga Subdivision required
a total extension of 690 linear feet of a 12-inch PVC water line along the north side of
Saratoga Boulevard. The water line ties to the existing 12-inch water line previously
installed crossing Greenwood Ddve and extends easterly to the common property line of
Block "A", Saratoga Subdivision and Swaco Tract (see Exhibit B - Location Map).
The 12-inch water line is required by the City's Distribution System Master Plan and is
eligible for reimbursement as a water grid main in accordance with the Platting Ordinance.
The total cost, submitted by Start Operations Inc., for the installation of 690-feet of 12-inch
PVC water line is $ 24, 728.23. Because Start Operations Inc., has not paid the City of
Corpus Christi assessed acreage fee of $ 5,650.68 the reimbursed amount due to the
developer is the difference between the cost of installation of the 12-inch PVC water grid
main and the acreage fee assessed. Therefore, the total reimbursement owed to Start
Operations Inc., is $19,077.55.
Application for reimbursement has been made in accordance with provisions of the Platting
Ordinance. The Application for waterline reimbursement and supporting cost
documentation are attached (see Exhibit C - Reimbursement Application).
CITY ACCEPTANCE: All work is complete, and the waterline improvements have been
inspected and accepted by the City for operation and maintenance.
ExhibitA1
Page 1 of 1
BLOCK 'A'
SARATOGA SUBDIVISION
SKETCH TO ACCOMPANY
METES & B~lUNI)S
DESCRIPTION
EXHIBIT
C{J~PUS CHR/ST/~ TX
CflM=** ND, £XB-UE
,.,IDB ND, 01087
$C~LD 1' ' 100'
PLOT ~C~L.E.*
Pt.fiT IM, TE*
$[~.~] I ~ I
Exhibit "B-I"
of
APPLICATION FOR WATER LINE REIMBURSEMENT
We, Star Operations, Inc. , owner and developer of Block "A", Saratoga Subdivision, hereby
request reimbursement of $19,077.55 for the installation of the 12" water grid main in conjunction with said
subdivision, as provided for by City Ordinance No. 17092. Said $19,077.55 is the construction cost, including
7.5% Engineering, in excess of the acr~ge~, as shown by the cost supporting documents attached herewith.
THE STATE OF TEXAS )(
COUNTY OF NUECES )(
This instrument was acknowledged before me on tg]//6 (.,2~f 7' ~2-- ,20 ~ ~ by
Lana Huff; President of Star Operations, Inc., a Texas Corporation, on behalf of the said corporation.
Notary Pugblic in ~t~d for The ~tate of Texas
CERTIFICATION
The information submitted with this application for reimbursement has been reviewed and determ'med
to be correct. Reimbursement is subject to:
(a) sufficiency of funds in the Grid and Arterial Main Trust Fund, and
(b) appropriation and approval by the City Council.
Director of Engineering (Date)
(City Engineer)
01087-Appl. Wtr. Reimb. form
I Exhibit CJ
Page I of 3
UTILITY EASEMENT
THE STATE OF TEXAS §
COUNTY OFNUECES §
THAT, Lana & Victor C. Huff, Jr., of the County of Nueces, State of Texas, for and in
consideration of the sum of One and no/100 Dollam ($1.00) to us in hand paid by the City of Corpus
Chdsti, P.O. Box 9277, Corpus Chdsti, Texas 78469, Nueces County, Texas, the receipt of which
is hereby acknowledged, have granted, sold, and conveyed, and by these presents do grant, sell,
and convey unto the City of Corpus Chdsti, Texas, a municipal corporation duly incorporated under
and by virtue of the laws of the State of Texas, its successors, and legal representatives, the free
and uninterrupted and perpetual use, liberty, privilege, and easement, of going in, on, over and
along a certain tract of land situated in Nueces County, Texas and being described as follows:
Legal Description and Sketch
Exhibits "A" and "B", attached
Together with the free ingress, egress, and regress to and for the City of Corpus Christi, Texas, for
the purpose of constructing, laying, and keeping public utility lines, and for the purposes of
maintaining, servicing, repairing, and inspecting said lines under, on, and along said tract.
TO HAVE AND TO HOLD, all and singular, the dghts and privileges aforesaid to the City
of Corpus Chdsti, Texas, its successors and legal representatives, for usa as a utility easement and
utility fight-of-way, for so long as used for such purposes, and if the use of said easement and way
ever be abandoned, then, in that event, the aforesaid rights and privileges shall cease.
WITNESS OUR HANDS THIS THE
~-_~ ~, 2002.
THE STATE OF TEXAS §
COUNTY OFNUECES §
Thisin~rumentwasacknowtedgedbefore meon
HuffandVictorC. Huff, Jr.
2002, by Lana
Notary Publi~ in and~3r the Sta~e of Texas
(Notary Seal)
Utility Easement
Page 1 of 2
I®
1!
___ _AUGUST, 7, 2003._~!~
Page 2 of 3
ACCEPTED for the City of Corpus Christi, a municipal corporation and body politic under
the laws of the State of Texas, this __ of ,20
'Angel R. Escobar
Director of Engineering Services
THE STATE OF TEXAS §
COUNTY OFNUECES §
This instrument was acknowledged before me on ,20 , by
'Angel R. Escobar, Director of Engineering Services, City of Corpus Christi, a Municipal Corporation,
on behalf of said corporation.
(Notary Seal)
Notary Public in and for the State of Texas
APPROVED: day of
James R. Bray, Jr., City Attorney
By:.
Assistant City Attorney
01087UE.DOC
I Exhibit Cl
Utility Easement
Page 2 of 2 Page 3 of 3
BASS 8~ WELSH ENGINEERING
P.O. BOX 6397
May 31, 2002
01087MS.LT2
Mr.. Mark Simon
Special Services Coordinator
Department of Engineering Services
City of Corpus Chdsa
P. O. Box 9277
Corpus Christi, Texas 78469-9277
Subject:
Block "A", Saratoga SubdMsion, Saratoga Boulevard at Greenwood Drip, Corpus Christi,
Nueces CountT, Texas
Dear Mark:
The 12" water line associated with the subject block has been constructed in accordance with the
approved plans and specifications. Very minor changes were made dudng the construction and these changes
are reflected in the attached ~as-built" drawings and certificate of completion.
Please accept this letter as my request for reimbursement by the City to the developer for the cost of
the 12" water line as contemplated prior to construction.
Following is an "as-built' construction final estimate, e~cluding service lap, fire hydrants and related
rungs and valves and including an additional 20 linear feet of 12" pipe and two additional bends (fittings) which
were added during the course of construction.
12" PVC Pipe 690 LF
12" DI EL (Bend) 4 EA
12" Gate Valve W/Box 2 EA
12" Cap Tapped for 2" 2 EA
Trench Safety Dudng
Construction 670 LF
Traffic Control and
Barricading During
Construction 1
$ 21.10 $14,559.00
514.50 2,058.00
1,265.00 2,530.00
325.00 650.00
1.80 1,206.00
LS 2,000.00 2,000.00
Sub-Total $ 23,003.00
7 ½ Engineering 1,725.23
Total $ 24,728.23
[--Exhibit D
Page 1 of 2
Mr. Mark Simon, May 31, 2002, continued;
The subject site is 5.88 ac; when multiplied by $961.00, the acreage fee valve is $5,650.68. If we
subtract this figure from the total construction cost, we produce a total amount reimbursable of $19,077.55 and
this is indicated in the attached drafts of "Application for Waterline Reimbursement" and City Council Exhibit
I forwarded the original "Application for Waterline Reimbursement" and a utility easement instrument
for dedication of the 15' wide utility easement as reflected in the construction plans to the owner for e~ecution.
I will submit to you the fully e~ecuted reimbursement application form and utility easement instrument upon my
receipt of same back from the owner.
Sincerely,
Ni~n M. Welsh, P.E.
NMW:ngo
CC:
Ms. Lana Huff, President
Start Operations, Inc.
P.O. Box 4100
Corpus Christi, Texas 78469
Exhibit D
Page 2 of 2
~eeuse ~o, ~e~---, State. ~
City of Corpus ChrAeti that the
Registered Profuswioael Engineer,
· hereby oertify to the
(paving, .Dre~n-~e, Sanitary Sewer, Mater ~.4-e: ~r dther us listed)
~an~ion off pro~an
h~e been c~leted ~ ~eor~us with City o~uuss
(give ~te or ~tes); ~t I sub--and ~e
ent~s~nt of ~ ~o ~ gr~sj ~t ~e ~k
~ b a~ ~s ~d 8pe~lcati~8; ~at the plat (if a sub~siOn)
Been f~ed for record wi~ the CO~Y Clerk; ~
As.b~,4~.t reproducible pl~s are attached in accor~anoe with the Platting Ordinance.
As authorized representative of the owners, I request that the City of Corpus
ChristS, in consideration .of the oo~letion of t~is work, accept these improve-
monte a~ dedAoations and assume ownership en~ responsibility for i~ture
~-.oe &nd operation.
~ ,.... .~,
: . ~. Address
BASS 81: WELSH I='NGINEI=RING
P.O. BOX 6397
3054 S. ALAMEDA
PH. 361 882-5521
FAX 361 882-1265
STATE OF TEXAS }
COUNTY OF NUECES }
EXHIBIT "A"
May 31, 2002
01087.MB2
Description of a 15.00' wide stdp of land for utility easement, containing 10225 SF tract of land,
more or less, a portion of Block 'A", Saratoga Subdivision, a map of which is recorded in Volume
27, Page 55, Map Records, Nueces County, Texas, said 10225 SF tract of land as further
described by metes and bounds as follows:
BEGINNING at a point in the northeast right-of-way line of Saratoga Boulevard for the
southernmost corner of said Block 'A' and southernmost comer of the tract herein described;
Thence along said northeast right-of-way line of Saratoga Boulevard N61'33'00"W 481.05' to the
point of intersection of said northeast right-of-way line of Saratoga Boulevard and the 'cutback"
right-of-way line between said northeast right-of-way line of Saratoga Boulevard and the southeast
right-of-way tine of Greenwood Drive, said point of intersection for a central westerly corner of the
tract he.in described;
Thence along said 'cutback' right-of-way line N34'50'15"W 200.54' to the point of intersection of
said "cutback" right-of-way line and said southeast right-of-way line of Greenwood Drive for
westernmost comer of the tract herein described and westernmost corner of said Block "A",
Saratoga Subdivision;
Thence N29'00'00"E along said southeast right-of-way line of Greenwood Ddve a distance of
16.71' to a point for the northwest or northernmost corner of the tract herein described;
Thence S34'50'15"E 204.35' along a line 15.00' northeast of and parallel to said "cutback" right-of-
way line to a point for interior central comer of the tract herein descdbdd;
Thence S61 '33'00"E 477.63 along a line 15.00' northeast of and parallel to said northeast right-of-
way line of Saratoga Boulevard to a point in the southeast boundary line of said Block "A",
Saratoga Subdivision for the easternmost comer of the tract herein described;
Thence S29'00'00"W 15.00' along said southeast boundary line of Block 'A", Saratoga
Subdivision to the POINT OF BEGINNING; the northeast 5' wide strip of land within the 15.00'
wide utility easement being reserved for public sanitary sewer as shown in sketch attached hereto
as Exhibit "B".
ORDINANCE
APPROPRIATING $19,077.55 FROM THE WATER ARTERIAL
TRANSMISSION AND GRID MAIN TRUST FUND NO. 4030-209010 TO PAY
DEVELOPER REIMBURSEMENT REQUEST FOR THE INSTALLATION OF
690 LINEAR FEET OF A 12-1NCH PVC WATER GRID MAIN TO DEVELOP
BLOCK "A" SARATOGA SUBDIVISION; AND DECLARING AN
EMERGENCY.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. That $19,077.55 is appropriated from the Water Arterial
Transmission and Grid Main Trust Fund No. 4030-209010 to pay developer
reimbursement request for the installation of 690 linear feet of a 12-inch PVC water grid
main to develop Block "A" Saratoga Subdivision.
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
inunediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect upon
first reading as an emergency measure this the day of ,2002.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Legal form approved
James R. Bray, Jr.
City Attorney
Samuel L. Neal, Jr.
Mayor
,,d~. ti ;2002
By:
Lisa Aguilar
Assistant City Attomey
6
CITY COUNCIL
AGENDA MEMORANDUM
September 17, 2002
AGENDA ITEM: Motion authorizing the City Manager or his designee to execute an annual joint
funding agreement with the United States Geological Survey (USGS), U. S. Department of the
Interior, for the continuation of surface water data collection and limited studies by the USGS for
the City's water supply activity; and providing for the City to pay the USGS the amount $174,045,
out of a total project cost of $232,820 during the federal fiscal year October 1, 2002 through
September 30, 2003.
ISSUE: The United States Geological Survey (USGS) established automated river gauging stations
to gather and maintain accurate records of all inflows and releases in the water reservoir system. In
order to continue with the annual watershed gauging program, an annual joint funding agreement
between the City and the USGS is necessary.
FUNDING: Funds are budgeted in the Wesley Seale Dam (530000-4010-30200) and Choke Canyon
Reservoir (530000-4010-30210) activities of the Water Fund for a total available of $174,045.
RECOMMENDATION: That the City Council authorize the City Manager or his designee to
execute the agreement.
Eduardo Garafia, P.E.
Water Superintendent
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
In 1981, the City requested the United States Geological Survey (USGS) to establish automated river
gauging stations to gather and maintain accurate records of all inflows and releases in the water
reservoir system. This was necessary to comply with Texas Water Rights Permit No. 3358, which
required that specified releases from the reservoir system be made to the bays and estuaries. The
initial joint funding agreement was approved by the City Council in 1984, and it provides funds for
Geological Survey operations on the Nueces, Frio and Atascosa rivers and tributaries, and at Lake
Corpus Christi and Choke Canyon Reservoir.
The USGS maintains all equipment, i.e. stream flow stations, data collection platforms, rain gauges,
and analyzes the data gathered to provides gauge height readings, discharge readings, and reservoir
content information. The City funds a portion of the operational costs of the stream flow and full
service data collection platforms and the full cost of rain gauges and surface discharge gauges below
the two dams. The National Weather Service also uses the data collected to predict floods.
When fully implemented in 1984, the program included thirteen stations; additional stations have
been added since bringing the total to eighteen. Additional water quality monitoring points have also
been added the last several years.
This year's program adds a gauging station at the Rincon Bayou Channel near Caiallen with
associated water quality, temperature, and conductance monitors. The gauge at the Choke Canyon
Reservoir near Three Rivers has been changed to a discharge below a base level and continuous
stage due to backwater conditions. The Nueces River at George West gauge has also been changed
to a stage only station due to backwater conditions from Lake Corpus Christi.
The costs of data collection platforms and stream flow stations are shared by the USGS and the City
of Corpus Christi, with the costs of other services borne entirely by the City. Funds are budgeted
each year in the Water Department operating budget for the City's share of the joint funding. Funds
are budgeted in the Wesley Seale Dam (530000-4010-30200) and Choke Canyon Reservoir (530000-
4010-30210) activities of the Water Fund for a total available of $174,045.
United States Department of the Interior
U.S. GEOLOGICAL SURVEY
WATER RESOURCES DIVISION
8027 Exchange Dr.
Austin, Texas 78'754-4733
AOMINISTRATION
August 30, 2002
Ms. Sanndra Thaxton
City of Corpus Christi Water Department
PO Box 9277
Corpus Christi, TX 78469
Dear Ms. Thaxton:
Enclosed are four new originals of our standard joint-funding agreement for the City of Corpus
Christi, surface-water and water quality data collection activities to be conducted during the
period of October 1, 2002 through September 30, 2003, in the amount of $174,045 cash from
your agency. Please destroy the previous documents sent to you on July 19, 2002.
Please sign the enclosed agreements and return three originals to my attention. One fully
executed agreement will be returned to you. If you require an additional original, please return
four signed originals for my signature.
Federal law requires that we have a signed agreement before we start or continue work. Please
return the signed agreement by September 13, 2002 so we can ensure the agreement is in place by
October 1, 2002. If, for any reason, the agreement cannot be signed and returned by the date
shown above, please contact us. We will advise you what action will need to be taken.
This is a fixed cost agreement to be billed quarterly. Please allow 30-days from the end of the
billing period for issuance of the bill.
The results of all work performed under this agreement will be available for publication by the
U.S. Geological Survey. We look forward to continuing this and future cooperative efforts in
these mutually beneficial water resources investigations.
My administrative point of contact for this action is Linda Lasley. If you have any questions,
please call her at (512) 927-3587.
Sincerely,
District Chief
enc: TX03029R
Form 9-1366 U.S. Department of the Interior TX0302~
(May 1996) U.S. Geological Survey TX029
Joint Funding Agreement TIN: 74-6000574
FOR
Water Resources Investigations
THIS AGREEMENT is entered into as of the 1st day of October 20 02 by the U.S. GEOLOGICAL SURVEY, UNITED
STATES DEPARTMENT OF THE INTERIOR, party of the first part, and the CITY OF CORPUS CHRISTI, party
of the second part.
1. The parties hereto agree that subject to the availability of appropriations and in accordance with their respective authorities there shall be
maintained in cooperation surface-water and water-quality data collection activities, hereinafter called the
program.
2. The following amounts shall be contributed to cover all of the cost of the necessary field and analytical work directly related to this
program.
(a) $58,775 by the party of the first part during the period
October 1, 2002 to September 30, 2003
(b) $174,045 cash by the party of the second part during the period
October 1, 2002 to September 30, 2003
(c) Additional or reduced amounts by each party during the above period or succeeding periods as may be determined by mutual
agreement and set forth in an exchange of letters between the parties.
3. The costs of this program may be paid by either party in conformity with the laws and regulations respectively governing each
party.
4. The field and analytical work pertaining to this program shall be under the direction of or subject to periodic review by an
authorized representative of the party of the first part.
5. The areas to be included in the program shall be determined by mutual agreement between the parties hereto or their authorized
representatives. The methods employed in the field and office shall be those adopted by the party of the first part to insure the
required standards of accuracy subject to modification by mutual agreement.
6. During the course of this program, all field and analytical work of either party pertaining to this program shall be open to the
inspection of the other party, and if the work is not being carried on in a mutually satisfactory manner, either party may terminate
this agreement upon 60 days written notice to the other party.
7. The original records resulting from this program will be deposited in the office of origin of those records. Upon request, copies of
the original records will be provided to the office of the other party.
8. The maps, records or reports resulting from this program shall be made available to the public as promptly as possible. The maps,
records or reports normally will be published by the party of the first part. However, the party of the second part reserves the right
to publish the results of this program and, if already published by the party of the first part shall, upon request, be furnished by the
party of the first part, at cost, impressions suitable for purposes of reproduction similar to that for which the original copy was
prepared. The maps, records or reports published by either party shall ~ontain a statement of the cooperative relations between the
parties.
9. Billing for this agreement will be rendered quarterly . Payments of bills are due within 60 days
after the billing date. If not paid by the due date, interest will be charged at the current Treasury rate for each 30 day period, or
portion thereof, that the payment is delayed beyond the due date. (31 USC 3717; Comptroller General File B-212222, August 23,
i983.). CITY OF CORPUS CHRISTI
U.S. GEOLOGICAL SURVEY
UNITED STATES By
DEPARTMENT OF THE INTERIOR
By
By
(SIGNATURE & TITLE) By
Jess D. Weaver District Chief
(USE REVERSE SIDE IF ADDITIONAL SIGNATURES ARE REQUIRED)
United States Department of the Intedor
Geological Survey
Water Resources Division
8027 Exchange Dr.
Austin, TX
Description of work and funding for water-resources investigations under joint-funding
agreement between City of Corpus Ch~sti and the U.S. Geological Survey for the
pedod October 1, 2002 to September 30, 2003.
Attachment for TX029
Run Date: 27-Aug-02
USGS Coop
Funds Funds
Total
Funds
Project
001
Surface-Water Data Collection and Limited Studies
O8194OO0
Nueces River at Cotulla, TX
Full Range Streamflow Station
Raingage - Station
O8194500
Nueees River near Tilden, TX
Full Range Streamflow Station
Raingage - Station
08197500 Fdo River bi Dry Fdo River nr Uvalde, TX
Raingage - Station
08198500 Sabinal River at Sabinal, TX
Raingage - Station
08200700 Hondo Creek at King Waterhole nr Hondo, TX
Raingage - Station
08205500
Fdo River near Derby, TX
Full Range Sbeamflow Station
Raingage - Station
08206600 Fdo River at Tilden, TX
Full Range Streamflow Station
08206700 San Miguel Creek near Tilden, TX
Raingage - Station
08206900
Choke Canyon Reservoir nr Three Rivers, TX
Reservoir Contents
Raingage - Station
$5,100 $6,850 $11,950
$0 $600 $600
$5,100 $6,850 $11,950
$0 $600 $600
$225 $375 $600
$225 $375 $600
$225 $375 $600
$5,100 $6,850 $11,950
$0 $600 $600
$5,100 $6,850 $11,950
$0 $600 $600
$2,740 $3,190 $5,930
$o $600 $600
Page 1 of 5
United States Department of the Interior
Geological Survey
Water Resources Division
8027 Exchange Dr.
Austin, TX
Attachment for TX029
Run Date: 27-Aug-02
USGS Coop To~l
Funds Funds Funds
08206910
08208000
08210000
08210100
08210500
08211000
08211200
08211500
08211503
Choke Canyon Res. outflow nr Three Rivers, TX
Q below Base and Continous Stages
Atascosa ~iver at Whitsett, TX
Raingage - Station
Nueces River near Three Rivers, TX
Full Range Sb~amflow Station
Nueces River at Georgewest, Tx
Stage Only Station (one level)
Lake Corpus Christi near Mathis, TX
Resen/oir Contents
Nueces River near Mathis, TX
Raingage - Station
Nueces River above Bluntzer, TX
below Base and Continous Stages
Nueces River at Calallen, TX
Full Range Streamflow Station
Redundant DCP and AdcfitJonal Stage
Raingage - Station
Rincon Bayou Channel near Calallen, TX
Q below Base and Continous Stages wi~h AVM
Totals
$3,170 $4,270 $7,440
$0 $600 $600
$5,100 $6,850 $11,950
$0 $5,720 $5,720
$2,740 $3,190 $5,930
$0 $600 $600
$3,170 $4,270 $7,440
$5,100 $6,850 $11,950
$0 $4,000 $4,000
$0 $6OO $6OO
$0 $12,440 $12,440
$43,095 $84,105 $127,200
Page 2 of 5
United States Department of the Intedor
Geological Survey
Water Resources Division
8027 Exchange Dr.
Austin, TX
Attachment for 73(029
Run Date: 27-Aug-02
USGS
Funds
Coop
Funds
Total
Funds
Project
003
Quality of Water Data Collection and Limited Studies
Frequency
08194500
Nuecas River near Tilden, TX
Sample Col~ction end Processing 4
District Minor Elam + inorganic - Pert I 4
Inorganic. s: Major Ions and Trace Metals 4
Inorganic: Major Ions & Trace Metals; ICPIMS 4
District Nutrients + ortho-phosphate 4
Pesticides(C-18 SPE cartridge-Lab), filtered 4
Pesticides(Cerbopak-B SPE Cartridge-Lab), fi~ 4
08206600
Frio River at 'l~lden, TX
Sample Col,~ction and Processing 4
District Minor Elam + inorganic - Part I 4
Inorganics: Major Ions and Trace Metals 4
Inorganic: Major Ions & Trace Metals; ICP/MS 4
District Nutrients + ortho-phosphate 4
Pesticides(C-18 SPE cartridge-Lab), filtered 4
Pesticides(Carbopak-B SPE Cartridge-Lab), fih 4
08210000
Nueces River near Three Rivers, TX
Sample Collection and Processing 4
District Minor E/em + inorganic - Part I 4
Inorganics: Major Ions and Trace Metals 4
Inorganic: Major Ions & Trace Metals; ICP/MS 4
District Nutrients + ortho-phosphate 4
Pesticides(C- 18 SPE cartridge-Lab), filtered 4
Pesticides(Carbopak-B SPE Cartridge-Lab), fih 4
$500
$100
$60
$15o
$5o
$30o
$350
$50O
$100
$60
$150
$50
$300
$350
$5OO
$100
$60
$150
$5o
$3oo
$35o
$2,300
$660
$360
$94o
$33o
$1,760
$2,130
$2,300
$6~o
$38o
$94o
$330
$1,760
$2,130
$2,300
$660
$360
$940
$330
$1,760
$2,130
$2,800
$760
$420
$1,090
$380
$2,060
$2,480
$2,800
$760
$420
$1 ,ogo
$380
$2,060
$2,48O
$2,800
$760
$420
$1,090
$380
$2,060
$2,480
Page 3 of 5
United States Department of the Intedor
Geological Survey
Water Resources Division
8027 Exchange Dr.
Austin, TX
Attachment for TX029
Run Date: 27-Aug-02
USGS Coop To~l
Funds Funds Funds
08206900
08210500
08211503
Choke Canyon Reservoir nr Three Rivers, TX
Sample Collection and Processing
Dist#ct Minor Elem+ inorganic - Part I
Inorganic: Major Ions & Trace Metals; ICPIMS
Inorgaolcs: Major Ions and Trace Metals
Pesticides(C-18 SPE cartridge-Lab), filtered
Pesticides(Carbopak-B SPE Cartridge-Lab). fii~
Pesticides - Bottom Sediment
Oil and Grease
Lake Corpus Christi near Mathis, TX
Sample Collection and Processing
Distdct Minor Elam + inorganic - Part I
Inorganic: Major Ions & Trace Metals; ICP/MS
Inorganics: Major Ions and Trace Metals
Pesticides(C-18 SPE cartridge-Lab), filtered
Pesticide$(Carbopak-B SPE Cartridge-Lab),
Pesticides - Bottom Sediment
Oil and Grease
Rincon Bayou Channel near Calallen, TX
Installation of Water Quality Monitor
Temp. and Cond. Monitor
Totals
3 $2,300 $9,220 $11,520
6 $200 $930 $1,130
6 $250 $1,390 $1,640
6 $125 $510 $635
12 $1,200 $4,970 $6,170
12 $1,500 $5,930 $7,430
2 $250 $1,010 $1,260
4 $100 $400 $500
3 $2,300 $9,220 $11,520
6 $200 $930 $1,130
6 $250 $1,390 $1,640
6 $125 $510 $635
9 $900 $3,730 $4,630
9 $1,100 $4,480 $5,580
2 $250 $1,010 $1,260
4 $100 $400 $500
$0 $6,0oo $6,oo0
$0 $12,470 $12,470
$15,680 $89,940 $105,620
Page 4 of 5
United States Department of the Intedor
Geological Survey
Water Resources Division
8027 Exchange Dr.
Austin, TX
Attachment for TX029
Run Date: 27-Aug-02
Su~nn~ai¥ FY03
Project
USGS Coop Total
Funds Funds Funds
Totals
001
O03
$43,095 $84,105 $127,200
$15,680 $89,940 $105,620
$58,775 $174,045 $232,820
Page 5 of 5
7
CITY COUNCIL
AGENDA MEMORANDUM
September 11, 2002
AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a Memorandum of
Agreement with the United States of America, Department of Interior, Bureau of Reclamation and the City
of Three Rivers for the purpose of defining responsibilities related to the design, placement, and operation
and maintenance of a new municipal and industrial water delivery system at Choke Canyon Reservoir,
Nueces River Project.
ISSUE: The City of Three Rivers desires to design facilities for delivery of raw water from the Choke
Canyon Reservoir to their existing water treatment plant. The change in the diversion point will allow the
City of Three Rivers to construct a 16" pipeline from the reservoir to divert more water, produce higher
quality water, and provide an improved ability to meet TNRCC regulations.
BACKGROUND: The Nueces River Project (Choke Canyon Reservoir), was authorized under Public Law
93-493 dated October 27, 1974, for the purpose of storing, regulating and furnishing water for municipal
and industrial (M&I) use, conserving and developing fish and wildlife resoumes, and enhancing outdoor
recreation opportunities. The Project is operated and maintained by the City of Corpus Christi under
Contract No. 6-07-01-X0675, dated June 30, 1976. The City of Three Rivers also holds downstream senior
water rights and a "Deed and Water Contract" agreement with the City of Corpus Christi for 2% of the firm
yield of the Project.
Last year, the City of Three Rivers approached the City of Corpus Christi and U. S. Bureau of Reclamation
regarding their desire to the relocate the point of diversion for water from Choke Canyon to their existing
water treatment plant. Since then, the City of Three Rivers has received a $1.28 million federal grant to
constmct a 16" pipeline. The pipeline will allow Three Rivers to divert more water, produce higher quality
water, and provide an improved ability to meet TNRCC regulations through the construction of water
treatment plant improvements. They anticipate selling water to Valero Energy Corporations' refinery in
Three Rivers.
In order to change the point of diversion, an agreement is required which defines the responsibilities related
to the relocation of the point of diversion. In summary, the City of Three Rivers is required to construct
the diversion according to design and specifications reviewed and approved by the City and Bureau and
follow other related responsibilities as set forth in the contract.
REQUIRED COUNCIL ACTION: Council action is required to execute the agreement.
RECOMMENDATION: Staff recommend~
Manager or his designee to execute th~
Ed[
that the Council ~oprove the motion authorizing the City
rdo Garafia, P. E.
Water Superintendent
01AG601555
MEMORANDUM OF AGREEMENT
AMONG
UNITED STATES OF AMERICA
DEPARTMENT OF INTERIOR
BUREAU OF RECLAMATION
AND
THE CITY OF THREE RIVERS, TEXAS
AND
THE CITY OF CORPUS CHRISTI, TEXAS
FOR
THE PURPOSE OF DEFINING RESPONSIBILITIES
RELATED TO THE DESIGN, PLACEMENT, AND OPERATION AND
MAINTENANCE OF A NEW MUNICIPAL AND INDUSTRIAL WATER DELIVERY
SYSTEM AT CHOKE CANYON RESERVOIR, NUECES RIVER PROJECT, TEXAS
WATER
SE? 10 2002
AI)MINIS[RATION
This Memorandum of Agreement (MOA) made this 06 day of ,-Sqe~o , 2002, is entered
among the United States of America, acting through the Department of the Interior, Bureau of
Reclamation, hereinafter referred to as "Reclamation," the City of Three Rivers, Texas,
hereinafter referred to as "Three Rivers," and the City of Corpus Christi, hereinafter referred to
as "Corpus Christi," collectively referred to as the "Parties." This MOA is made pursuant to the
Act of June 17, 1902 (32 Stat. 388), and amendatory acts thereof and supplementary thereto, and
particularly the Act of March 4, 1921 (41 Stat. 1367). The Parties hereto desire to enter into this
MOA for the purpose of defining the responsibilities related to the relocation of the point of
diversion for water to Three Rivers.
WHEREAS, the Nueces River Project, hereinafter referred to as the "Project," was authorized
under Public Law 93-493 dated October 27, 1974, for the purpose of storing, regulating and
furnishing water for municipal and industrial (M&I) use, conserving and developing fish and
wildlife resources, and enhancing outdoor recreation opportunities, and;
WHEREAS, the Project is operated and maintained by Corpus Christi under Contract No. 6-07-
01-X0675, dated June 30, 1976 as amended, and;
WHEREAS, Three Rivers desires to design facilities for delivery of raw water from the Project to
their existing water treatment plant, and;
WHEREAS, Three Rivers holds downstream senior water fights and also a "Deed and Water
Contract" agreement with Corpus Christi for 2% of the finn yield of the Project, and;
WHEREAS, Three Rivers, Corpus Christi and Reclamation agree to proceed, as applicable, with
the evaluation and design of said M&I water delivery system,
NOW THEREFORE, the Parties agree to provide the as following:
1. Reclamation shall:
(a) Review and approve the design and specifications for that portion of the M&I water
delivery system to be located on Project land. Provide written approval to begin construction.
(b) Review, approve and forward the cultural resources report to the State Historic
Preservation Officer for review and concurrence.
(c) Ensure compliance with National Environmental Policy Act (NEPA) and other
relevant environmental laws, regulations and executive orders, etc. as necessary.
(d) Consult with Texas Parks and Wildlife Department for any portion of the M&I water
delivery system located on Project land under the Departments jurisdiction prior to providing
approval to the City of Three Rivers.
(e) Consult with City of Corpus Christi for any portion of the M&I water delivery system
located on Project land under the City's jurisdiction prior to providing approval to the City of
Three Rivers.
(f) Provide necessary permits or agreements as needed to finalize the actions associated
with the construction, operation and maintenance of the water delivery system located on Project
land.
(g) Appoint one or more officials to represent Reclamation.
(h) Perform periodic inspections during construction.
(i) Perform final inspection upon completion of construction and issue written approval to
initiate operation of M&I water delivery system.
Three Rivers shall:
(a) Advance such funds as determined necessary by Reclamation to cover actual expenses
and obligations incurred by Reclamation due to Reclamation's involvement in the design review
and approval process, including but not limited to the responsibilities outlined in Article 1 of this
MOA.
(b) Provide designs and specifications for review and approval.
(c) Address all design comments provided by Reclamation and prepare revisions to the
design incorporating all changes required by Reclamation.
(d) Ensure that the design and construction specifications are consistent with Reclamation
design requirements and safety standards.
(e) Ensure that no construction on Projects lands will begin until written approval to
proceed is received from Reclamation.
(f) Appoint one or more officials to represent Three Rivers.
(g) Complete the construction of the new M&I water delivery system to the satisfaction of
Reclamation.
(h) Provide as-built drawings within 30 days of initial use of the new M&I water delivery
system.
(i) Notify Reclamation, the City of Corpus Christi and the Texas Parks and Wildlife
Department at least two weeks in advance of initiating any construction activity on Project land.
Corpus Christi shall:
(a) Provide one or more officials to represent Corpus Christi.
(b) Provide timely responses to Reclamation during the consultation process.
4. Areas of mutual agreement:
(a) Reclamation, Three Rivers and Corpus Christi agree that any of the responsibilities for
any party may become the responsibility of another party of this MOA if agreed to by all Parties in
writing, unless prohibited by law or regulation.
(b) All NEPA and cultural resources requirements will be coordinated among all Parties
to this MOA.
(c) All Parties agree that, in the event that a suitable design is developed and approved by
Reclamation, a separate agreement to cover Reclamation costs associated with construction
oversight could be required. This separate agreement will also cover Reclamation costs
associated with any additional NEPA activities which may be required prior to construction.
5. Costs:
Three Rivers agrees that it shall be responsible for paying, in advance, all costs incurred by
Reclamation associated with the tasks described in Article 1.
6. Pnyment:
(a) Three Rivers will advance ten thousand dollars ($10,000) upon execution of this
document to fund Reclamation's anticipated expenditures and obligations. Should additional
amounts be required Reclamation will notify Three Rivers and Three Rivers shall advance
additional funds for continuation of work in $5,000 increments.
(b) Following completion (or cessation) of the tasks outlined in Article 1, any funds
advanced to Reclamation, but not expended or obligated, will be refunded to Three Rivers.
7. General Provisions:
(a) This MOA shall become effective on the date of the last signature hereto. This MOA
may be modified or terminated upon mutual agreement of the Parties hereto, but in any event will
terminate two years from the date the MOA is signed unless renegotiated and/or renewed at that
time through mutual consent of the Parties. Any party may terminate its obligations and duties
under the MOA at any time upon 30 days written notice to the other parties. All duties and
obligations of the parties under this MOA will cease at that time except as the MOA provisions
related to accounting and reimbursing the parties' expenses. Should this MOA be terminated prior
to the stated expiration, costs incurred to date of termination would be taken out of the advanced
funds. Any unused funds would be refunded to Three Rivers.
(b) No member of or delegate to Congress, or resident Commissioner, shall be admitted to
any share or to be part of this M O A or to receive any benefit that may arise out of it other than as
a water user or landowner in the same manner as other water users or landowners.
IN W1TNESS WHEREOF, the Parties have executed this MOA the day and year first above
written.
THE UNITED STATES OF AMERICA
By.
Area Manager
Bureau of Reclamation
Oklahoma Texas Area Office
Great Plains Region
ATTEST:
(SEAL)
City of Three Rivers, Texas
Title
ATTEST:
City of Corpus Christi, Texas
(SEAL)
By.
Title
^pproved as to form:
James R. Bray, .Ir.
City Attorney
R.,~y/Reininl~
K~i~rant City Atl/orney
AGENDA MEMORANDUM
Date: September 17, 2002
SUBJECT: National Endowment for the Humanities grant
AGENDAITEMS:
a. Motion authorizing the City Manager or his designee to accept a grant in the amount of
$5,000 from the National Endowment for the Humanities. Funds will be used to purchase
furniture and preservation supplies for the Local History department of the Corpus Christi
Public Libraries.
b. Ordinance appropriating $5,000 from the National Endowment for the Humanities in the
no. 1050 Federal/State grants fund for the purchase of furniture and preservation supplies
for the Local History department of the Corpus Christi Public Libraries.
ISSUE:
The Corpus Christi applied for a grant through the National Endowment for the Humanities
to pumhase furniture and preservation supplies for the Local History department at the
Central Library. The amount awarded is the total amount available per grantee. The library
is making a concerted effort to care for historic documents. The strength of the proposal
submitted to the National Endowment in Washington lies with the value of the library's
historic collections and its track record in attracting other funding to supplement this grant.
REQUIRED COUNCIL ACTION:
Grant acceptance and appropriation of funds require City Council approval.
RECOMMENDATION:
Staff recommends acceptance of grant and appropriation of funds.
Herb Canales
Director of Libraries
Award ReClFient
Corpus Christi Public Library
UPI'I~I/AL NUI ILJt:: UP AU I IUN
National Endowment for the Humanities
Action Taken: Aware I Date Of A~ion:
ID Number: PA-24249-02
InatftuUonal Grant Adminlatrator:
Mr, Herbe~ G. Cenales
Ubr~/Director
__~ ui Christi Public Library
so5 Ccma~he Street
Project Dire~or: Mm, Laura Z, Garda
Project Title:
Pmeervalim3 Supplies and Furniture Purchase
0~28,'2002
Award Period:
Award An~un=
Outright $ 5,000.00
Fedmel Match $ 000
Other $ 0.00
Total Awarded $ 5,000.0o
From: 09/01/2002 Thru: 03/3t/2003
Federal Matching Funds
Amount
Offered S 0,00
Offer F..x~re=
This award m fuAded by the NEH program described in CFDA section 45.149
NEH Offlee.,~Orent Management Official
Director, Off[co of Grant
Award Reolplortt
ORDINANCE
APPROPRIATING $5,000 FROM THE NATIONAL ENDOWMENT FOR THE
HUMANITIES IN THE NO. 1050 FEDERAL/STATE GRANTS FUND FOR THE
PURCHASE OF FURNITURE AND PRESERVATION SUPPLIES FOR THE
LOCAL HISTORY DEPARTMENT OF THE CORPUS CHRISTI PUBLIC
LIBRARIES; AND DECLARING AN EMERGENCY.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. That $5,000 is appropriated from the National Endowment for the
Humanities in the No. 1050 Federal/State grants fund for the purchase of furuiture and
preservation supplies for the history department of the Corpus Christi Public Libraries.
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 ~T.
James R. Bray, Jr.
City Attorney
//9,2002
By: ~/~r~
Lisa Aguil~~
Assistant City Attorney
9
AGENDA MEMORANDUM
Date: September 17, 2002
SUBJECT: TexTreasures grant awarded by the Texas State Library and Archives
Commission
AGENDAITEMS:
a. Motion authorizing the City Manager or his designee to accept a grant in the amount of
$6,000 and to execute a contract and all related documents with the Texas State Library
and Archives Commission for a TexTreasures grant. Funds will be used to inventory,
organize and digitize early Corpus Christi documents at the Corpus Christi Public Libraries.
b. Ordinance appropriating a $6,000 TexTreasures grant from the Texas State and
Amhives Commission in the no. 1050 Federal/State grants fund to inventory, organize and
digitize early Corpus Christi documents at the Corpus Christi Public Libraries; and
declaring an emergency.
c. Motion authorizing the City Manager or his designee to execute a gift agreement to
receive $3,000 from the Friends of the Corpus Christi Public Libraries to be used as
matching funds for the TexTreasures grant awarded by the Texas State Library and
Archives Commission.
d. Ordinance appropriating $3,000 from the Friends of the Corpus Christi Public Libraries
in the no. 1050 Federal/State grants fund for matching grant funds for the TexTreasures;
and declaring an emergency.
ISSUE:
This year the Texas State Library and Archives Commission made $100,000 available
statewide for historical preservation work in libraries. The Corpus Christi Public Libraries
sought funding for preservation of its extensive collection of historic documents relating to
early women's clubs. The Friends of the Corpus Christi Public Libraries agreed to provide
matching funds. The Texas State Library and Archives Commission awarded $6,000 or
6% of the total available statewide. The $9,000 in funding will be used to hire temporary,
pad-time employees to inventory, organize and digitize 19th century documents; these
documents will then be made available through the library's website, supporting both
general and scholarly research in the early role of women in Corpus Christi.
TexTreasures grant awarded by the Texas State Library and Archives Commission
Page Two
REQUIRED COUNCIL ACTION:
Grant acceptance and appropriation of funds require City Council approval.
RECOMMENDATION:
Staff recommends acceptance of grants and appropriation of funds,
Herb Canales
Director of Libraries
ORDINANCE
APPROPRIATING A $6,000 TEXTREASURES GRANT FROM THE TEXAS
STATE LIBRARY AND ARCHIVES COMMISSION IN THE NO. 1050
FEDERAL/STATE GRANTS FUND TO INVENTORY, ORGANIZE AND
DIGITIZE EARLY CORPUS CHRISTI DOCUMENTS AT THE CORPUS
CHRISTI PUBLIC LIBRARIES; AND DECLARING AN EMERGENCY.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. That a $6,000 TexTreasures grant is appropriated from the Texas
State Library and Archives Commission in the No. 1050 Federal/State grants fund to
inventory, organize and digitize early Corpus Christi documents at the Corpus Christi
Public Libraries.
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
,2002
Lisa Aguilar (.J
Assistant City Attomey
ORDINANCE
APPROPRIATING $3,000 FROM THE FRIENDS OF THE CORPUS CHRISTI
PUBLIC LIBRARIES IN THE NO. 1050 FEDERAL/STATE GRANTS FUND FOR
MATCHING GRANT FUNDS FOR THE TEXTREASURES GRANT AWARDED
BY THE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION; AND
DECLARING AN EMERGENCY.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. That $3,000 is appropriated from the Friends of the Corpus Christi
Public Libraries in the No. 1050 Federal/State grants fund for matching grant fimds for
the TexTreasurcs grant awarded by the Texas State Library and Archives Commission.
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 vot'mg upon
ordinances at two regular meet'rags 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 ~9+ · I O ,
2002
James R. Bray, Jr. bt
City Attorney
Lisa Aguilar~
Assistant Cify Attorney
TEXAS STATE LIBRARY & ARCHIVES COMMISSION
TEXTREASURES GRANT
Grant # 713-03047
II.
CONTRACTING PARTIES
Grantor:
Grantee:
Texas State Library and Archives Commission (TSLAC)
City of Corpus Christi, Corpus Christi Public Libraries
805 Comanche
Corpus Christi, TX 78401
TERM OF GRANT
September 1, 2002 to August 31, 2003
III. GRANTOR CERTIFICATION
The Grantor certifies that (1) the services specified below are necessary and essential for activities
that .are properly wi, thin the statutory functions and programs of the affected organizations; (2) the
serwces, supplies or materials contracted for are not required by Section 21 of Article 16 of the
Constitution of Texas to be supplied under contract given to the lowest bidder; and (3) the grant is in
compliance with Texas Government Code § 441.121 et. seq., the Library System Act; Texas
Government Code § 441.006, General Powers and Duties; P.L. 104-208, the Library Services and
Technology Act (LSTA); the State Plan for the LSTA in Texas; and, the Uniform Grant
Management Standards Ct/GMS).
IV. GRANT AMOUNTS
A. The total mount of the grant shall not exceed: $6,000
B. Source of funds: $6,000
CFDA # 45.310
Institute of Museum and Library Services, State Library
Program, Federal Fiscal Year 2002 Carryover
$3,000 Local Matching
TSLAC's accounting coding:
Index Code 87132, Object Code 7611
Page 1 of 8
Fiscal Year 2003 City of Corpus Christi TexTreasures Grant
Of the total amount awarded for all Textreasure Grants, 52.50% is from Federal L.S.T.A. funds (P.L. 104-
208) and 47.50% is from State General Revenue. An individual Grantee's disbursement may vary.
C. Budget:
Personnel
Fringe Benefits $6,000
Travel 0
Equipment/Property 0
Supplies 0
Contractual 0
Other 0
0
Total Direct Costs
Indirect Costs
Total
$6,000
$6,000
V. WRITTEN PR/OR APPROVALS FOR FISCAL AND PROGRAMMATIC CItANGES
A. The Grantor must give written prior approval for any of the following fiscal changes:
1. Making cumulative transfers among budget cost categories or projects which are expected
to exceed ten (10) percent of the total grant.
2.Transferring any funds into a budget cost category that equals zero ($0).
Written prior approval is to be requested on the Prior Approval Request form and shall be
requested when nearing the 10% limit or the end of the grant term. This provision does not
allow the grant to be exceeded. All prior approvals must be requested by August 1, 2003.
Approvals received after this date will be considered on a case-by-case basis.
B. The Grantor must give written prior approval for any of the following programmatic changes to
the application (TexTreasures Grants for State Fiscal Year 2003).
1. Changing key persons specified in the grant; however, none of the personnel are
considered key personnel for the purpose of this sectiolL
2. Obtaining the services of a third party to perform activities that are central to the purposes
of the grant.
3. Changing the scope or objectives (regardless of whether there is an associated budget
revision). A change in scope is a substantive difference in the approach or method used to
reach program objectives.
Written prior approval is to be requested on the Prior Approval Request form. All prior
approvals must be processed by August 1, 2003.
Page 2 of 8
Fiscal Year 2003 City of Corpus Christi TexTreasures Grant
C. The Grantor hereby gives prior approval for the items specified under the cost categories outlined
below. Before the Grantee obligates or expends grant funds for additional items in the following
cost categories, the Grantor must give written prior approval. Written prior approval is to be
requested on the Prior Approval Request form. Written prior approval is also required if an item's
cost or features are substantially different from what the grant specifies, or from a previous Prior
Approval Request. All prior approvals must be received by Grantor on or before August 1, 2003.
COST CATEGORIES
None
2. Insurance (if not re4nired by the _re'ant)
None
3. Rearrangements and Alterations of Facilities
None
4. EquipmenffProperty
None
Subject to the obligations and conditions set forth in Uniform Grant Management Standards
CtJGMS) Section IH, Subpart C.32 (a), title to equipment acquired under a grant will vest upon
acquisition in the Grantee.
Each piece of equipment/property is an article of nonexpendable, tangible personal property
having a useful life of more than one year and an acquisition cost that exceeds the capitalization
amount established by Grantee's governing entity. Grantee must furnish a statement to Grantor
certifying the governing entity's capitalization level with the Prior Approval Request Form.
Equipmenl/property includes furniture, library materials, etc., purchased wholly or in part with
grant funds. The prior approval amount is the capital expenditure, which means the cost of the
equipment/property including the cost to put it in place. Capital expenditure for
equipment/property means the net invoice price of the equipmenl/property, including the cost of
any modifications, attachments, accessories, or auxiliary apparatus necessary to make it usable for
the purpose for which it is acquired. Ancillary charges, such as taxes, duty, protective in transit
insurance, freight, and installation may be included in, or excluded from, capital expenditure cost
in accordance with the Grantee's regular accounting practices.
VI. STATEMENT OF SERVICES TO BE PERFORMED
The Grantee will comply during the period of this contract and provide services, outlined within the
grant application (TexTreasures Grants for SFY 2003) as approved by the Grantor.
Page 3 of 8
Fiscal Year 2003 City of Corpus Christi TexTreasures Grant
VII. TERMS AND CONDITIONS
A. The Grantee will comply with the TexTreasures Grants Program Guidelines for SFY 2003.
B. The Grantee will comply with the Rules for Administering the Library Systems Act. Note that
Rule 1.97 (a) will not be applicable during the term of this grant.
The Grantee will comply with the following two parts of the Governor's Office of Budget and
Planning Uniform Grant Management Standards CLIGMS), revised January 2001, located at
http:/Avww, governor, state, tx. us/stategrants/UGMSO12OOLdoc.
1. Cost Principles for state and Local Governments and Other Affected Entities
(adapted from OMB Circular A-87)
2. State Uniform Administrative Requirement for Grants and Cooperative Agreements
(adapted from OMB Circular A-102)
For grants funded with state funds, the Grantee will comply with the third part of UGMS, the
State of Texas Single Audit Circular. For grants funded with federal funds, the Grantee will
comply with the Office of Management and Budget (OMB) Circular A-133, Audits of States,
Local Governments, and Non-Profit Organizations (revised 6/97), located at http://www.
whitehouse.gov/OMB/circulars.
The Grantee will send the Grantor a copy of any management letters issued by the auditor with
the reporting package (or written notification, as applicable). The audit's Schedule of
Expenditures of Federal and State Awards will list the amount of awards expended for each
award year separately.
E. The Grantee may not obligate grant funds after August 31, 2003. By October 31, 2003, all
obligations must be liquidated. All unexpended funds must be returned to the Grantor. Final
request for reimbursement must be received by Grantor no later than October 15, 2003.
F. The Grantee will add any program income to the funds committed to the grant, using such
program income for the purposes and under the conditions of the grant. The source and amount
of the program income must be explained in box 12 of the quarterly Financial Status Report.
G. All publicity relating to the grant award must include acknowledgement of the Institute of
Museum and Library Services and the Texas State Library and Archives Commission whenever
possible and practical. Publicity includes but is not limited to press releases, media events,
public events, displays in the library, announcements on the library's website, and materials
distributed through the grant project.
H. The Grantee certifies by this contract that it will comply with the Assurances - Non-
Construction Programs (OMB Standard Form 124B), the Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions, and the
Certification Regarding Lobbying as submitted to the Grantor. Additional assurances are listed
in UGMS, Subpart B. 14.
Page 4 of 8
Fiscal Year 2003 City of Corpus Christi TexTreasures Grant
The Grantee affirms that it has not given, offered to give, nor intends to give at any time
hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount,
trip, favor or service to a public servant in connection with this contract. The Grantee further
affirms that its employees or agents shall neither solicit nor accept gratuities, favors or anything
of monetary value from contractors, potential contractors or parties to subagreements.
The Grantee agrees to provide the Grantor with one (1) set of any public relations materials
produced under this grant.
The Grantee agrees to maintain records on all equipment/property with an acquisition cost that exceed
governing entity's capitalization level. The Grantee will reconcile the equipment/property records with
a physical inventory of the equipment/property every two years.
The UGMS Subpart C, Sec. 32, (d) (3) requires certain items of eqnipment (stereo systems, still and
video cameras, facsimile machines, VCRs and VCR/TV combinations, and cellular and portable
telephones) to be maintained on inventory if their cost is above $500, or if they could be easily lost or
stolen.
Subject to the obligations and conditions set forth in the UGMS Section Iii, Subpart C, Sec. 32
(a), title to equipment acquired under a grant will vest upon acquisition in the Grantee.
When property is vested in the Grantee, the Grantee will dispose of equipment/property in
accordance with the UGMS Subpart C, Sec. 32, (e). When the Grantee has been given federal
or state equipment/property, the IJGMS Subpart C, Sec. 32, (f) will be followed.
The Grantee agrees to submit the Equipment/Property Acquired form by October 31, 2003 for all
equipment/property purchased during that grant year. This listmust balance with the
eqtfipment/property purchased with prior approval amounts.
The State Legislature has charged the Grantor with submitting performance measurement
reports that specify the level of services provided by its programs and services. The Grantee
agrees to submit reports that are timely, accurate, anditable, and consistent with definitions.
1. The Grantee agrees to submit the Uniform Statistical Reporting Form for TcxTreasures
Grants and Explanation of Variance according to thc following schedule:
September 1, 2002 - November 30, 2002
December 1, 2002 - February 28, 2003
March 1, 2003 - May 31, 2003
June 1; 2003 - August 31, 2003
December 6, 2002
March 6, 2003
June 6, 2003
September 5, 2003
If library materials ordered with grant funds are received after the end of the grant year, a
fmal Uniform Statistical Report may also be required covering receipt of those materials.
This final Uniform Statistical Report will be due on or before November 15, 2003.
Page 5 of 8
Fiscal Year 2003 City of Corpus Christi TexTreasures Grant
2. The Grantee will submit Evaluation Reports to the Grantor according to the following
schedule:
September 1, 2002 - February 28, 2003
March 1, 2003 -August 31, 2003
March 28, 2003
September 26, 2003
N. The Grantee agrees to submit the quarterly Financial Status Report for this contract according to
the following schedule:
Reporting Period
September 1, 2002 - November 30, 2002
December 1, 2002 - February 28, 2003
March 1, 2003 - May 31, 2003
June 1, 2003 - August 31, 2003
December 27, 2002
March 28, 2003
Jane 27, 2003
September 26, 2003
A final Financial Status Report is due on or before November 15, 2003.
O. The Grantee is restricted to one method for requesting funds fi.om the Grantor. The Grantee may
request reimbursement of the actual expenditures for the Grantee's normal billing cycle.
The Grantee will request payment on the OMB Standard Form 270, Request for Advance or
Reimbursement, using box 11. Requests may be made monthly, quarterly or any other time period,
but not more than once a month.
To request funds, Form 270 is due to the Grantor by the 15a of the month. If requesting a
reimbursement, the funds will usually be.received by the Grantee within 10 days after TSLAC
receives the funds fi.om the federal government.
VIII. ENFORCEMENT
A. Remedies for noncompliance. Ifa grantee or subgrantee materially fails to comply with any term of
an award, whether stated in a federal or state statute or regulation, an assurance, in a state plan or
application, a notice of award, or elsewhere, the awarding agency may take one or more of the
following actions, or impose other sanctions, as appropriate in thc circumstances:
(1) Temporarily withhold cash payments pending correction of the deficiency by the grantee or
subgrantee or more severe enforcement action by the awarding agency,
(2) Disallow (that is, deny both use of funds and matching credit for) all or part of the cost of the
activity or action not in compliance,
(3) Wholly or Partly suspend or terminate the current award for the g~antee's or subgrantee's program,
(4) Withhold further awards for the program, or
Page 6 of 8
Fiscal Year 2003 City of Curpus Christi TexTreasures Grant
(5) Take other remedies that may be legally available.
Hearings, appeals. In taking an enforcement action, the awarding agency will provide the grantee or
subgrantee an opportunity for such hearing, appeal, or other adtninistrative proceeding to which the
grantee or subgrantee is entitled under any statute or regulation applicable to the action involved.
Effects of suspension and termination. Costs of grantee or subgrantee resulting from obligations
incurred by the grantee or subgrantee during a suspension or after termination of an award are not
allowable unless the awarding agency expressly authorizes them in the notice of suspension or
termination or subsequently. Other grantee or subgrantee costs during suspension or after termination
which are necessary and not reasonably avoidable are allowable iff
(1) The costs result from obligations which were properly incurred by the grantee or subgrantee
before the effective date of suspension or termination, are not in anticipation of it, and, in the case
of a termination, are noncancelable, and,
(2) The costs would be allowable if the award were not suspended or expired normally at the end of
the funding period in which the termination takes effect.
Relationship to Debarment and Suspension. The enforcement remedies identified in this section,
including suspension and termination, do not preclude grantee or subgrantee from being subject to
"Debarment and Suspension" under E.O. 12549 (see Section __..35) and state law.
IX. CONTACTS AT TSLAC
Questions or concerns about programmatic issues and prior approval Requests should be directed to
this grant's Project Manager:
TexShare Coordinator
Phone: 512-463-0188
Fax: 512-936-2306
Questions or concerns about regulatory or financial issues should be directed to:
Manager of Accounting and Grants Department
Phone: 512-463-6626
E-mail: camack _(~sl.state.tx.u s
Page 7 of 8
Fiscal Year 2003 City of Corpus Christi TexTreasures Grant
Fax reports to:
Grants Accountant
Phone: 512-463-5472
Fax: 512-475-0185
E-mail: ~
Payments to the Grantor, such as those for excess advanced funds or for interest earned each quarter
on advanced funds, should be mailed with an explanation of the purpose of the payment and the
grant number to:
Accounting and Grants Department
Texas State Library and Archives Commission
PO Box 12516
Austin, TX 78711-2516
APPLICABLE AND GOVERNING LAW
This grant shall be governed by the laws of the State of Texas. All duties of either party shall be
legally performable in Texas. The applicable law for any legal disputes arising out of this
contract shall be the law of(and all actions hereunder shall be brought in) the State of Texas, and
the forum and venue for such disputes shall be Travis County, District Court.
B. This grant is subject to availability of funds.
XI. SIGNATURES
GRANTOR
Texas State Library and Archives Commission
GRANTEE
City of Corpus Christi, Corpus Christi Public
Libraries
Edward Seidenberg, Assistant State Librarian
Donna Osborne, Chief Fiscal Officer
Signature (Must be an official empowered
to enter into contracts)
Typewritten or Printed Name
Title
Date
Date
Page 8 of 8
Fiscal Year 2003 City of Corpus Christi TexTreasures Grant
GIFT AGREEMENT
This Agreement is by and between the City of Corpus Christi, a home rule city and body
politic under the laws of the State of Texas, (the "City") and The Friends of the Corpus Christi
Public Libraries, a nonprofit organization (the "Friends") which exists solely to benefit the Corpus
Christi Public Libraries.
For and in consideration of the covenants, undertakings and consideration herein stated, the
parties mutually agree as follows:
(l)
This Agreement provides for the City to accept a gift from the Friends in the amount
not to exceed $3,000 to be spent solely and exclusively as matching funds for the
$6,000 TexTreasures grant awarded to the City by the Texas State Library and
Archives Commission for state fiscal year 2003, with the following terms and
conditions:
(A)
Amounts paid by Friends to City will be based on actual invoices to be spent
in accordance with the grant awarded to the City by the Texas State Library
and Archives Commission proposed or as amended.
(2)
The Friends agrees to reimburse the City for invoices submitted after all other funds,
enumerated above in (1) have been expended, subject to the following terms and
conditions:
(A)
The City will certify that the work has been completed prior to requesting
reimbursement from the Friends.
(B)
The Friends will reimburse the City for work certified as having completed
within 30 days presentation of invoice.
(3)
The Agreement is not assignable unless the parties to the assignment agree to such
assignment in writing.
(4)
Gift funds shall be disbursed to the City on the basis of certified invoices submitted
to the Friends. Nothing contained in this Agreement shall be construed to create a
relationship of employer-employee, but all funds dispersed hereunder shall be made
pursuant to the terms of this Agreement.
(5)
This Agreement shall not be enlarged, modified, or altered except in writing, signed
by all parties hereto. This contract shall be interpreted in accordance with the laws
of the State of Texas.
Executed in duplicate originals on
.,2002.
ATTEST:
CITY OF CORPUS CHRISTI
By:
Armando Chapa, City Secretary
Legal form approved on
By:
By:
2002; James
Elizabe~ Hundley, 3(ssistant City~mey
David R. Garcia, City Manager
R. Bray, Jr., City Attorney
The Friends of the Corpus Christi Public Libraries
Ken Kellar, President
Betty Whitt, Secretary
10
AGENDA MEMORANDUM
Date: September 17, 2002
SUBJECT: Telecommunications Infrastructure Fund Board grant
AGENDAITEMS:
a. Motion authorizing the City Manager or his designee to accept a grant in the amount of
$55,310 and to execute a contract and all related documents with the Telecommunications
Infrastructure Fund Board. Funds will be used to purchase computer hardware and
software for use by individuals with vision, hearing or mobility impairments.
b. Ordinance appropriating $55,310 from the Telecommunications Infrastructure Fund
Board in the no. 1050 Federal/State grants fund for computer hardware and software for
the Corpus Christi Public Libraries for use by individuals with vision, hearing or mobility
impairments.
c. Motion authorizing the City Manager or his designee to execute a gift agreement to
receive $5,500 from the Corpus Christi Public Library Foundation to be used as matching
funds for the grant awarded by the Telecommunications Infrastructure Fund Board.
d. Ordinance appropriating $5,500 from the Corpus Christi Public Library Foundation in the
no. 1050 Federal/State grants fund as a match for the Telecommunications Infrastructure
Fund Board grant awarded to the Corpus Christi Public Libraries; and declaring an
emergency.
ISSUE:
The Telecommunications Infrastructure Fund Board has made competitive grants available
to libraries this year. The Corpus Christi Public Libraries, with its 150 plus personal
computer network available for public use, does not currently provide computer hardware
and software for use by individuals with visual, hearing or mobility impairments. The TIF
Board has accepted Corpus Christi's proposal to acquire workstations and software that
provide such services. The TIF Board awarded a grant totaling $55,310. The required
10% match is to be funded by the Corpus Christi Public Library Foundation.
With the TIF Board grant, Corpus Christi will be able to purchase seven computer
workstations, make modifications to two existing workstations, purchase ADA (Americans
with Disabilities Act) computer desks and purchase other hardware, including large print
keyboards and screen magnifiers, and special software, such as screen reading software
and American Sign Language software.
Telecommunications Infrastructure Fund Board grant
Page Two
This award from the TIF Board brings the total awarded to the Corpus Christi Public
Libraries over the past three years to nearly $400,000.
REQUIRED COUNCIL ACTION:
Grant acceptance and appropriation of funds require City Council approval.
RECOMMENDATION:
Staff recommends acceptance of grants and appropriation of funds.
Herb Canales
Director of Libraries
ORDINANCE
APPROPRIATING $55,310 FROM THE TELECOMMUNICATIONS
INFRASTRUCTURE FUND BOARD IN THE NO. 1050 FEDERAL/STATE GRANTS
FUND FOR COMPUTER HARDWARE AND SOFTWARE FOR THE CORPUS
CHRISTI PUBLIC LIBRARIES FOR USE BY INDIVIDUALS WITH VISION,
HEARING OR MOBILITY IMPAIRMENTS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That $55,310 is appropriated from the Telecommunications Infrastructure
Fund Board in the No. 1050 Federal/State grants fund for computer hardware and software for
!he C.orpus Christi Public Libraries for use by individuals with vision, hearing or mobility
~mpmrments.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) find and declares an emergency due to the need for immediate
action necessary for the efficient and effective administration of City affairs and (2) suspends the
Charter role that requires consideration of and voting upon ordinances at two regular meetings so
that this ordinance is passed and takes effect upon first reading as an emergency measure this the
day of ,2002.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
Legal form approved ~nc · /0
James R. Bray, Jr. 'U
City Attorney
By:
Lisa Aguilar
Assistant City Attorney
,2002
ORDINANCE
APPROPRIATING $5,500 FROM THE CORPUS CHRISTI PUBLIC LIBRARY
FOUNDATION IN THE NO. 1050 FEDERAL/STATE GRANTS FUND AS A
MATCH FOR THE TELECOMMUNICATIONS INFRASTRUCTURE FUND
BOARD GRANT AWARDED TO THE CORPUS CHRISTI PUBLIC
LIBRARIES; AND DECLARING AN EMERGENCY.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. That $5,500 is appropriatexl from the Corpus Christi Public
Library Foundation in the No. 1050 Federal/State grants fund as a match for the
Telecommunications Infrastructure Fund Board grant awarded to the Corpus Christi
Public Libraries.
SECTION 2. That upon written request of the Mayor or rive 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 vot'mg upon
ord'manees at two regular meetings so that this ord'manee 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 Mayor
Legal form approved ~ · I O
James R. Bray, Jr.
City Attorney
By:
Samuel L. Neal, Jr.
,2002
Lisa Aguilar ~
Assistant City Attorney
Telecommunications Infrastructure Fund Board
Grantee Acceptance Notice
AGREEMENT:
Whereas CORPUS CHRISTI PUBLIC LIBRARIES, hereinafter referred to as Grantee, has therefore submitted · grant
application to theTetecommuninetlons Infrastructure Fund Board (TIFB), entitled LBf 0C, and forther identified by grant number
QE-2002-LB10C-7061; and
Whereas, the TIFB has approved the grant application as evidenced by the Statement of Grant Award from the Director of
Progmme dated 08/30/2002 to 08/31/2003; and
Whereas, the Grantee desires to accept the grant award, the state of Texas Uniform Grant Management Standards, the
Grantee's Application as amended by TIFB, the RFP Application Packet instructions, TIFB program regulations, handbooks,
guidelines, manuals and special requirements, if any, as evidenced in the Statement of Grant Award;
Now. therefore, the Grantee accepts the aforementioned Statement of Grant Award, the state of Texas Uniform Grant
Management Standards, the RFP Application Packet instructions, TIFB program n.~;luletioas, handbooks, guidelines, manuals, other
conditions that may be promulgated by {he TIFB, and any special requirements 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 goveming body of the Grantee; and
NON-LOBBYING CERTIFICATION:
VVe, the undersigned, certify that none of the grant funds, regardless of their source or character, including local cash
assumpUon 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 the grantee has violated this certification shall result in the immediate termination of fending of the project and
the grantee shall not be eligible for future funding from the TIFB.
Certified by: Date:
Signature of Project Director
Name & Title (must pdnt or type)
Official Agency Address
City/Zip Cede/Telephone Number
Signature of Authorized Official
Name & T~tle (must print or type)
Official Agency Address
City/Zip Code/Telephone Number
Signature of Financial Officer
Name & Title (must print or type)
Official Agency Address
City/Zip Code/Telephone Number
Entity:
Name:
Status:
Award Amount:
RFP:
Library
CORPUS CHRISTI
PUBLIC LIBRARIES
Awarded
$55,310
Grant Program: LBIOC
Federal Tax ID: 17460005741027
Grant Number: QE-2002-I. B10C-7061
Grant Pedod: 08/30/2002 to 08/3112003
Statement of Grant Award
Award Amount: $55,310
The approved grant amount is reflected in the attached Approved Budget Summary. This grant is subject to and
conditioned upon acceptance of all Telecommunications Infrastructure Fund Board (TIFB) guidelines, TIFB Grant
Handbooks, manuals and special requirements and/or conditions contained in any of the aforementioned items or
cited below or subsequently promulgated by TIFB. Total project costs must be accounted for in accordance with
the State of Texas Uniform Grant Management Standards, the TIFB guidelines, TIFB Grant Management
Handbook, and applicable manuals, and/or other conditions promulgated by TIFB.
GRANTEE REQUEST FOR FUNDS
All grantee requests for funds shall be submitted to the TIFB, to the attention of the Fiscal Office, in accordance
with the instructions provided for by the TIFB and shall be in the form required by the TIFB. Requests for funds
will not be honored until all requirements and/or conditions outlined on the Statement of Grant Award or other
conditions that have been promulgated by TIFB and that require action on the part of the grantee have been
satisfied.
FUTURE FUNDING
Approval of the above-referenced grant does not commit the TIFB to future funding. Any such funding shall be
determined by the instructions or guide under which the application may be made, by all applicable policies and
procedures promulgated by the TIFB, and/or state guidelines, and by the appropriation of funds.
GRANT ADJUSTMENTS
Grantee shall submit written requests for grant adjustments, as required by the applicable TIFB guidelines
contained in the RFP Application Packet, TIFB Grant Management Handbcoh(Secflon 2, Subsection 2:4~ and
any other applicable manuals and/or conditions promulgated by TIFB.
08130/2002
Date
Director of Programs
Original Budget for CORPUS CHRISTI PUBLIC LIBRARIES (CURRENT)
Entity: Library
Name: CORPUS CHRISTI
PUBLIC LIBRARIES
Status: Awarded
Award Amount: $55,310
RFP:
I
Grant Program: LBt0C
Federal Tax ID: 17460005741027
Grant Number: QE-2002-LB¶0C-7061
Grant Period: 08/3012002 to 08~31/2003
BUDGET
GRAND TOTAL: ALL SCHEDULES
'lll~'lJ Funds Local Funds In-Kind Total
Total Schedule A Direct S0 SO S0 SO
Expense
Total Schedule B Direct $2,300 S0 S0 S2,300
Expense
Total Schedule C Direct $0 S0 S0 S0
Expense
Total Schedule D Direct $26,600 $2,000 S0 $28,600
I Expense
Total Schedule E Direct $26,410 $3,500 $0 $29,910
Expense
Grand Total $55.~1o $5,5O0 $0 $60310
SCHEDULE A: PERSONNEL
Page 1
Original Budget for CORPUS CHRISTI PUBLIC LiBRARiES (CURRENT)
SCHEDULE A: PERSONNEL
TypeofExpense ]Quantity/[ TIFUFunds
Section Al: Substitutes and Stipends
a. Substitutc~ $0 $0 SO $0
b. Stipends $0 $0 $0 $0
c. $0 $0 $0 $0
d. $o $o $o $o
e. $0 $0 $0 $0
Total Section A1 $0 $o $0
Total Schedule A Direct $o $o $0 $0
Expense ,
SCHEDULE B: CONTRACTUAL SERVICES
Type of Expense Quantity 'IIFB Funds Local Funds In-Kind Total
/
Duration
Section BI: Telecommunications
a. Monthly ISP Fees $0 $0 $0 $0
b. Monthly Line $0 $0 $0 $0
Char~es
c. $0 $0 $0 $0
d. $0 $0 $0 $0
e. $0 $0 $0 $0
Total Section BI $o $0 $0 $0
Section B2: Project Management
a. Project Design / $0 $0 $0 $0
Management
b. $0 $0 $0 $0
c. $0 $0 $0~
d. $o $o $o $o
Total Section B2 $o $0 $0 $0
Section B3: Training
a. 'I'IFTech Trainin~ $0 $0 $0 $0
b. Software Trainin~ 2 $2,300 $0 $0 $2,300
c. $o $o $0 $0
d. $0 $0 $0 $0
Total Section B3 $2,300 $0 $0 $2,300
Total Schedule B $2,3o0 $o $0 $2,300
Direct Expense
Page 2
Original Budget for CORPUS CHRISTI PUBLIC LIBRARIES (CURRENT
SCHEDULE C: TRAVEL
Type of
Section Cf: Travel
a. Transportation $0 $0 $0 $0
b. Lodging $0 $0 $0 $0
c. Meals $0 $0 $0 $0
Total Section C1 $o $o $o $o
Total Schedule C $o $o $o $o
Direct Expense
SCHEDULE D: SUPPLIES & MATERIALS
TypeofExpense I (~uantit}' I TIFBFunds I LocalFunds I In-Kind I Total
Section DI: Software
a. Web Authorin~ $0 $0 $0 $0
b. Operating System $0 $0 $0 $0
c. Web Server $0 $0 $0 $0
I d. E-mail $0 $0 $0 $0
e. Anti-Virus $0 $0 $0 $0
f. Application Software 9 $450 $0 $0 $450
I[' ADA Software 18 $16,390 $0 $0 $16,390
h. Videoconfcrencing 4 $160 $0 $0 $160
(ADA)
i. $o $o $o $o
,i. $o $o $o $o
lc $0 $0 $0 $0
Total Section D1 $17,000 $0 $0 $17,000
Section D2: Other
a. Equipment Rack $0 $0 $0 $0
b. ADA Compliant Door S01 $200 $0 $200
e. ADA Desks 8 $9,600 $0 $0 $9,600
d. ADA Chairs 8 $0 $1,800 $0 $1,800
e. $0 $0 $0 $0
f. $0 $0 $0 $0
~- $0 $0 $0 $0
h. $0 $0 $0 $0
i. $0 $0 $0 $0
$. $0 $0 $0 $0
lc $o $o $0 $o
Total Section D2 $9,600 $2,000 $0 $11,600
Total Schedule D Direct $26,600 $2,000 $0 $28,600
Expense
Page 3
Original Budget for CORPUS CHRISTI PUBLIC LIBRARIES (CURRENT)
SCHEDULE E: I iQUIPMENT / FIXED ASSETS
Type of Expense I Quantityl 'rlFB Funds ] Local Funds I In-Kind ] Total
Section El: Network Hardware
a. CSU/DSU $0 $0 $0 $0
b. Hub $0 $0 $0 $0
c. Router I $10,000 $0 $0 $10,000
d. Ethernet Switch $0 $0 $0 $0
e. UPS $0 $0 $0 $0
f. Surge Protectors 5 $150 $0 $0 $150
g. $o $o $o $o
h. $0 $0 $0 $0
i. $o $o $o $oI
j. $o $o $o $o
~- $o $0 $o $o
L $o $o $0 $o
Total Section E1 $10,150 $0 $0~ $1 o, 150
Section E2: Distance Learning Hardware
a. Permanent Room $0 $0 $0 $0
Solution
b. Portable Room $0 $0 $0 $0
Solution
c. Desktop Solution $0 $0 $0 $0
d. Gateway $0 $0 $0 $0
e. Documem $0 $0 $0 $0
Camera
f. MCU $0 $0 $0 $0
g. IMUX $0 $0 $0 $0
h. Smart Board $0 $0 $0 $0
i. $0 $0 $0 $0
j. $o $0: $0 $o
Total Section E2 $o $0 $o $o
Section E3: Computer Hardware
a. Server $0 $0 SG $0
b. Remote Access $0 $0 SG $0
Server
e. Wo tion
1) Desktop 7 $12,600 $2,100 $0 $14,700
2) Laptop $0 $0 $0 $0
d. ADA keyboards g $1,140 $0 $0 $1,140
and trackballs
e. $0 $0 $0 $0
f. SG $0 $0 $0
Total Section E3 $13,740 $2,100 $0 $15,840
Section E4: Cabling and Supplies
Page 4
Original Budget for CORPUS CHRISTI PUBLIC LIBRARIES (CURRENT)
a. Wh-ing and $0 $0 $0 $0
Associated Costs
b. Cable Drops 6 $600 $0 $0 $600
c. $0 $o $0 $o
Total Section Ed: $600 $0 $0 $600
Section ES: Other Equipment
a. Digital Camera $0i $0 $0 $0
b. Scanner 4 $1,600 $0 $0 $1,600
e. Networked I $0 $1,200 $0 $1,200
Printer
d. P/'¢sentation $0 $0 $0 $0
Monitor
e. Projector $0 $0 $0 $0
f. ADA internet 4 $320 $0 $0 $320
g. Headphones 10 $0 $200 $0 $200
h. $0 $0 $0 $0
i. $0 $0 $0 $0
Total Section E5 $1,920 $1,400 $0 $3,320
Total Schedule E $26,410 $3,500 $0 $29,910
Direct Expense
Grant Admini atos~r~
Director, Grants and Services
Page 5
TELECOMMUNICATIONS INFRASTRUCTURE FUND BOARD BUDGET BREAKDOWN
08/23/2002
filename: W2003
TIF AMT
ACCOUNT
LOCALAMT
ACCOUNT
SCHEDULE ITEM / DESCRIPTION
BUDGET
CODE
BUDGET
CODE
Schedule B: Contractual Services
Bab. Software Training
$
2,300
530000
Schedule D: Supplies & Materials
D1f. Application Software
$
450
520100
D1g. ADA Software
$
16,390
520100,550050
D1h. Videoconferencing
$
160
520100
(ADA)
D2b. ADA Compliant Door
$
200
530210
D2c. ADA Desks
$
9,600
520110
D2d. ADA Chairs
$
1,800
520110
Schedule E: EquipmentlFixed Assets
Etc. Router
$
10,000
550050
Elf. Surge Protectors
$
150
520100
E3cl. Desktop
$
12,600
520100
$
2,100
520100
E3d. ADA keyboards
$
1,140
520100
and trackballs
E41o. Cable Drops
$
600
530210
E51o. Scanner
$
1,600
520100
Esc. Networked Printer
$
1,200
520100
E5f. ADA Internet Cameras
$
320
520100
E5g. Headphones
$
200
520100
$
55,310
$
5,500
Total TIF and Local Funds
$ 60,810.00
filename: W2003
GIFT AGREEMENT
This Agreement is by and between the City of Corpus Christi, a home rule city and body
politic under the laws of the State of Texas, (the "City") and The Corpus Christi Public Library
Foundation, Inc. a nonprofit organization (the "Foundation") which exists solely to benefit the
Corpus Christi Public Libraries.
For and in consideration of the covenants, undertakings and consideration herein stated, the
parties mutually agree as follows:
(1)
This Agreement provides for the city to accept a girl from the Foundation in the
amount not to exceed $5,500 to be spent solely and exclusively as matching funds for
the Telecommunications Infrastructure Fund Board (TIFB) LB 10 grant announced
May 1,2002; and specifically to be spent in accordance with the City's proposal to
TIFB for the LB10 grant, approved by City Council Resolution 024945 on July 16,
2002, or as amended with approval from TIFB, with the following terms and
conditions:
(A)
Amounts paid by Foundation to City will be based on actual invoices
specifically to be spent as described in the City's proposed TIFB LB 10 grant
or as amended.
(2)
The Foundation agrees to reimburse the City for invoices submitted after all other
funds, enumerated above in (1) have been expended, subject to the following terms
and conditions:
(A)
The City will certify that the computer equipment has been received on each
invoice before it is submitted to the Foundation for reimbursement.
(B)
The Foundation will reimburse the City for work certified as having
completed within 30 days presentation of invoice.
(3)
The Agreement is not assignable unless the parties to the assignment agree to such
assignment in writing.
(4)
Gift funds shall be disbursed to the City on the basis of certified invoices submitted
to the Foundation. Nothing contained in this Agreement shall be construed to create
a relationship of employer-employee, but all funds dispersed hereunder shall be made
pursuant to the terms of this Agreement.
(5)
This Agreement shall not be enlarged, modified, or altered except in writing, signed
by all parties hereto. This contract shall be interpreted in accordance with the laws
of the State of Texas.
Executed in duplicate originals on ,, 2002.
ATTEST:
CITY OF CORPUS CHRISTI
By:
Legal form approved on
E~;l~h HundleJ, Assistant c~lMtomey
Armando Chapa, City Secretary
By:
David R. Garcia, City Manager
,2002; James R. Bray, Jr., City Attorney
The Corpus Christi Public Library Foundation, Inc.
Kathryn F~irschman, President
Lauren Ranly, Secre~~
H:\LEG -DI RLShared~Elizabet h\Gifl Ag~eomenl - Libra~ wpd
11
AGENDA MEMORANDUM
Date: September 17, 2002
SUBJECT: South Texas Library System Technical Assistance Negotiated Grant for state
fiscal year 2002-2003
AGENDA ITEMS:
a. Motion authorizing the City Manager or his designee to accept a grant in the amount of
$69,309 and to execute a contract and all related documents with the Texas State Library
and Amhives Commission for the continued operation of the Technical Assistance
Negotiated Grant program administered by the South Texas Library System, which is
located at the Corpus Christi Public Libraries, for the state fiscal year 2002-2003.
b. Ordinance appropriating $69,309 from the Texas State and Archives Commission in the
no. 1050 Federal/State grants fund for the continued operation of the Technical Assistance
Negotiated Grant program administered by the South Texas Library System, which is
located at the Corpus Christi Public Libraries; and declaring an emergency.
ISSUE:
The Texas State Library and Archives Commission designates and funds ten regional
library systems in Texas each fiscal year. The Corpus Christi Public Libraries has been the
Major Resource Center for South Texas Library System since 1971-72 and continues to be
so designated in state fiscal year 2002-2003. Each regional library system is eligible to
apply for a Technical Assistance Negotiated Grant to aid public library staff in using and
maintaining information resource technology.
South Texas Library System (STLS) provides supplementary services to its fifty-three
member libraries in a twenty-six county area of South Texas. The Technical Assistance
Negotiated Grant will provide technology support and training to those fifty-three member
libraries including Corpus Christi Public Libraries, which is a fully participating member as
well as the administrative headquarters for South Texas Library System.
The contract will provide personnel funds for one full time staff member and associated
costs for telecommunications, equipment, professional services, travel, and supplies. The
City will be reimbursed $4,375 for administering this grant; this indirect cost recovery is
calculated at 13.93 percent of salaries. No funding will be required or requested from the
City. The grant period is for September 1, 2002 through August 31, 2003.
South Texas Library System Technical Assistance Negotiated Grant for state fiscal
year 2002-2003
Page Two
REQUIRED COUNCIL ACTION:
Contracts in excess of $25,000 and appropriation of funds require City Council approval.
RECOMMENDATION:
Staff recommends acceptance of grant and appropriation of funds.
'Herb ca,ales
Director of Libraries
AN ORDINANCE
APPROPRIATING $69,309 FROM THE TEXAS STATE AND ARCHIVES
COMMISSION IN THE NO. 1050 FEDERAL/STATE GRANTS FUND FOR
THE CONTINUED OPERATION OF THE TECHNICAL ASSISTANCE
NEGOTIATED GRANT PROGRAM ADMINISTERED BY
THE SOUTH TEXAS LIBRARY SYSTEM, WHICH IS LOCATED AT THE
CORPUS CHRISTI PUBLIC LIBRARY; AND DECLARING AN
EMERGENCY.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. That $69,309 is appropriated from the Texas State and Archives Commission
in the No. 1050 Federal/State grants fund for the continued operation of the technical assistance
negotiated grant program administered by the South Texas Library System, which is located at the
Corpus Christi Public Library.
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, Jr.
Mayor
LEGAL FORM APPROVED
JAMES R. BRAY, JR.
CITY ATTORNEY
By: '~.~9'7.- ~
Lisa Aguilar L2
Assistant City Attorney
,2002;
H 5LEG-DIR~LISA\ORD3\ORD3.547
TEXAS STATE LIBRARY & ARCHIVES COMMISSION
TECHNICAL ASSISTANCE NEGOTIATED GRANT
Grant # 476-03014
II.
I. CONTRACTING PARTIES
Grantor:
Texas State Library and Archives Commission (TSLAC)
Grantee:
City of Corpus Christi, Corpus Christi Public Library
805 Comanche Street
Corpus Christi, Texas 78401-2715
TERM OF GRANT
September 1, 2002, to August 31, 2003
III. GRANTOR CERTIFICATION
The grantor certifies that (1) the services specified below are necessary and essential for activities
that are properly within the statutory functions and programs of the affected organizations; (2) the
services, supplies or materials contracted for are not required by Section 21 of Article 16 of the
Constitution of Texas to be supplied under contract given to the lowest bidder; and (3) the grant is in
compliance with Texas Government Code § 441.121 et. seq., the Library System Act; Texas
Government Code § 441.006, General Powers and Duties; P.L. 104-208, the Library Services and
Technology Act (LSTA); the State Plan for the LSTA in Texas; and, the Uniform Grant
Management Standards CLIGMS).
IV. GRANT AMOUNTS
The total amount of the grant shall not exceed: $ 69,309
Source of funds:
CFDA # 45.310
Institute of Museum and Library Services, State Library Program
Federal Fiscal Year 2002 Carryover
TSLAC's accounting coding:
Index Code 34762, Object Code 7611
Page 1 of 8
Fiscal Year 2003 City of Corpus Christi Technical Assistance Negotiated Grant
Budget:
Personnel $31,409
Fringe Benefits 10,785
Travel 12,000
Equipment/Property 0
Supplies 5,600
Contractual 4,200
Other 940
Total Direct Costs
Indirect Costs
$64,934
4,375
Total $69,309
V. WRITTEN PRIOR APPROVALS FOR FISCAL AND PROGRAMMATIC CHANGES
The Grantor must give written prior approval for any of the following fiscal changes:
1. Making cumulative transfers among budget cost categories or projects which are expected
to exceed ten (10) percent of the total grant.
2. Transferring any funds into a budget cost category that equals zero ($0).
Written prior approval is to be requested on the Prior Approval Request form and shall be
requested when nearing the 10% limit or the end of the grant term. This provision does not
allow the grant to be exceeded. All prior approvals must be requested by August 1, 2003.
Approvals received after this date will be considered on a case-by-ease basis.
The Grantor must give written prior approval for any of the following programmatic changes to
the application (Technical Assistance Negotiated Grants for State Fiscal Year 2003).
1. Obtaining the services of a third party to perform activities which are central to the
purposes of the grant.
2. Changing the scope or objectives (regardless of whether there is an associated budget
revision). A change in scope is a substantive difference in the approach or method used to
reach program objectives.
Written prior approval is to be requested on the Prior Approval Request form. All prior
approvals must be requested by August 1, 2003. Approvals received after this date will be
considered on a case-by-case basis.
The Grantor hereby gives approval for the items specified under the cost categories outlined
below. Before the Grantee obligates or expends grant funds for additional items in the following
cost categories, the Grantor must give written prior approval. Written prior approval is to be
requested on the Prior Approval Request form. Written prior approval is also required if an
item's cost or features are substantially different from what the grant specifies, or from a
previous Prior Approval Request. All prior approvals must be requested by August 1, 2003.
Approvals received after this date will be considered on a case-by-case basis.
Page 2 of 8
Fiscal Year 2003 City of Corpus Christi Technical Assistance Negotiated Grant
COST CATEGORIES
1. Preaward Costs
None
2. Insurance (if not required by the ~ant)
None
3. Rearrangements and Alterations of Facilities
None
None
Subject to the obligations and conditions set forth in Uniform Grant Management Standards
CtJGMS) Section IH, Subpart C.32 (a), title to equipment acquired under a grant will vest upon
acquisition in the Grantee.
Each piece of equipment/property is an article of nonexpendable, tangible personal property having
a useful life of more than one year and an acquisition cost that exceeds the capitalization amount
established by Grantee's governing entity. Grantee must furnish a statement to Grantor certifying
the governing entity's capitalization level with the Prior Approval Request Form.
Equipment/property includes furniture, library materials, etc., purchased wholly or in part with grant
funds. The prior approval amount is the capital expenditure, which means the cost of the
equipment/property including the cost to put it in place. Capital expenditure for equipment/property
means the net invoice price of the equipment/property, including the cost of any modifications,
attachments, accessories, or auxiliary apparatus necessary to make it usable for the purpose for
which it is acquired. Ancillary charges, such as taxes, duty, protective in transit insurance, fi.eight,
and installation may be included in, or excluded fi.om, capital expenditure cost in accordance with
the Grantee's regular accounting practices.
VI. STATEMENT OF SERVICES TO BE PERFORMED
The Grantee will comply during the period of this contract and provide services outlined within the
grant application (Technical Assistance Negotiated Grants for SFY 2003) as approved by the Grantor.
VII. TERMS AND CONDITIONS
A. The Grantee will comply with the Technical Assistance Negotiated Grants Program Guidelines
for SFY 2003.
B. The Grantee will comply with the Rules for Administering the Library Systems Act. Note that
Rule 1.97 (a) will not be applicable during the term of this grant.
The Grantee will comply with the following two parts of the Governor's Office of Budget and
Planning Uniform Grant Management Standards (UGMS), revised January 2001, located at
http://www, governor, state, tx. us/stategrants/UGMSO12OOl.doc.
Page 3 of 8
Fiscal Year 2003 City of Corpus Christi Technical Assistance Negotiated Grant
Eo
1. Cost Principles for State and Local Govemments and Other Affected Entities
(adapted fi:om OMB Circular A-87)
2. State Uniform Administrative Requirement for Grants and Cooperative Agreements
(adapted fi:om OMB Cimular A-102)
For grants funded with state funds, the grantee will comply with the third part of UGMS, the
State of Texas Single Audit Circular. For grants funded with federal funds, the Grantee will
comply with the Office of Management and Budget (OMB) Circular A~133, Audits of States,
Local Governments, and Non-Profit Organizations (revised 6/97), located at http://www.
whitehouse, gov/OMB/circulars.
The Grantee will comply with the Institute of Museum and Library Services' 45 Code of Federal
Regulations, Part 1183, Uniform Administrative Requirements for Grants and Cooperative
Agreements to States and Local Governments (adapted fi:om OMB Circular A-102).
The Grantee will send the grantor a copy of any management letters issued by the auditor with
the reporting package (or written notification, as applicable). The audit's Schedule of
Expenditures of Federal and State Awards will list the amount of awards expended for each
award year separately.
The Grantee may not obligate grant funds after August 31, 2003. By October 31, 2003, all obligations
must be liquidated. Final request for advance must be received by Grantor on or before August 1,
2003. All unexpended funds must be returned to the Grantor along with the final
report due November 15, 2003. Final request for reimbursement must be received no later than
October 15, 2003.
The Grantee will add any program income to the funds committed to the grant, using such
program income for the purposes and under the conditions of the grant. The source and amount
of the program income must be explained in box 12 of the quarterly Financial Status Report.
All publicity relating to the grant award must include acknowledgement of the Institute of
Museum and Library Services and the Texas State Library and Archives Commission whenever
possible and practical. Publicity includes but is not limited to press releases, media events,
public events, displays in the library, announcements on the library's website, and materialS
distributed through the grant project.
The Grantee certifies by this contract that it will comply with the Assurances - Non-
Construction Programs (OMB Standard Form 124B), the Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions, and the
Certification Regarding Lobbying as submitted to the Grantor. Additional assurances are listed
in UGMS, Subpart B.14.
Page 4 of 8
Fiscal Year 2003 City of Corpus Christi Technical Assistance Negotiated Grant
The Grantee affirms that it has not given, offered to give, nor intends to give at any time
hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount,
trip, favor or service to a public servant in connection with this contract. The Grantee further
affirms that its employees or agents shall neither solicit nor accept gratuities, favors or anything
of monetary value from contractors, potential contractors or parties to subagreements.
The Grantee will provide the grantor with one (1) set of any public relations materials produced
under this grant.
The Grantee agrees to maintain records on alt equipment/property with an acquisition cost above
governing entity's capitalization level. The Grantee will reconcile the equipment/property records with
a physical inventory of the equipment/property every two years.
The UGMS Subpart C, Sec. 32, (d) (3) requires certain items of equipment (stereo systems, still and
video cameras, facsimile machines, VCRs and VCR/TV combinations, and cellular and portable
telephones) to be maintained on inventory if their cost is above $500, or if they could be easily lost or
stolen.
Subject to the obligations and conditions set forth in the UGMS Section III, Subpart C, Sec. 32
(a), title to equipment acquired under a grant will vest upon acquisition in the Grantee.
When property is vested in the Grantee, the Grantee will dispose of equipment/property in
accordance with the UGMS Subpart C, Sec. 32, (e). When the Grantee has been given federal
or state equipment/property, the UGMS Subpart C, Sec. 32, (f) will be followed.
The Grantee agrees to submit the Equipment/Property Acquired form by October 31, 2003 for all
equipment/property purchased during that grant year. This list must balance with the
equipment/property purchased with prior approval amounts.
The Grantee agrees to submit the Uniform Statistical Reporting Form for Technical Assistance
Negotiated Grants and Explanation of Variance according to the following schedule:
September 1, 2002 - November 30, 2002
December 1, 2002 - February 28, 2003
March 1, 2003 - May 31, 2003
June 1, 2003 - August 31, 2003
December 6, 2002
March 6, 2003
June 6, 2003
September 5, 2003
The State Legislature has charged the Grantor with submitting performance measurement
reports that specify the level of services provided by its programs and services. The Grantee
agrees to submit reports that are timely, accurate, auditable, and consistent with definitions.
The Grantee agrees to submit the quarterly Financial Status Report for each project funded
under this contract according to the following schedule:
Page 5 of 8
Fiscal Year 2003 City of Corpus Christi Technical Assistance Negotiated Grant
September 1, 2002 - November 30, 2002
December 1, 2002 - February 28, 2003
March 1, 2003 - May 31, 2003
June 1, 2003 - August 31, 2003
December 27, 2002
March 28, 2003
June 27, 2003
September 26, 2003
A final Financial Status Report is due by November 15, 2003.
P. The Grantee will submit the Workshop Reporting Form to the Grantor for the period of
September 1, 2002, to August 31, 2003, on or before September 26, 2003.
The Grantee is restricted to one of two methods for requesting funds from the Grantor. The
Grantee may request an advance payment for estimated expenditures to be incurred for the
upcoming 30 days, or request a reimbursement of the actual expenditures for the Grantee's
normal billing cycle.
The Grantee will request payment on the OMB Standard Form 270, Request for Advance or
Reimbursement, using box 12 rather than box 11 if requesting rinds in advance. Requests may
be made monthly, quarterly or any other time period, but not more than once a month.
To request funds, Form 270 is due to the Grantor by the 15~ of the month. If requesting a
reimbursement, the funds will usually be received by the Grantee within 10 days after TSLAC
receives the funds from the federal government. If requesting an advance, the Grantee must
follow procedures that minimize the time elapsing between the receipt and the disbursement of
advanced grant fimds. Requests for advance funds will be disbursed by the first working day of
the advance period on the request.
VIII. ENFORCEMENT
Remedies for noncompliance. Ifa grantee or subgrantee materially fails to comply with any term of
an award, whether stated in a federal or state statute or regulation, an assurance, in a state plan or
application, a notice of award, or elsewhere, the awarding agency may take one or more of the
following actions, or impose other sanctions, as appropriate in the circumstances:
(1) Temporarily withhold cash payments pending correction of the deficiency by the grantee or
subgrantee or more severe enforcement action by the awarding agency,
(2) Disallow (that is, deny both use of funds and matching credit for) all or part of the cost of the
activity or action not in compliance,
(3) Wholly or partly suspend or terminate the current award for the grantee's or subgrantee's program,
(4) Withhold further awards for the program, or
(5) Take other remedies that may be legally available.
Page 6 of 8
Fiscal Year 2003 City of Corpus Christi Technical Assistance Negotiated Grant
IX.
B. Hearings, appeals. In taking an enforcement action, the awarding agency will provide the grantee or
subgrantee an opportunity for such hearing, appeal, or other administrative proceeding to which the
grantee or subgrantee is entitled under any statute or regulation applicable to the action involved·
C. Effects of suspension and termination. Costs ofgrantee or subgrantee resulting from obligations
incurred by the grantee or subgrantee during a suspension or after termination of an award are not
allowable unless the awarding agency expressly authorizes them in the notice of suspension or
termination or subsequently. Other grantee or subgrantee costs during suspension or after termination
which are necessary and not reasonably avoidable are allowable iff
(1) The costs result from obligations which were properly incurred by the grantee or subgrantee
before the effective date of suspension or termination, are not in anticipation of it, and, in the case
of a termination, are noncancelable, and,
(2) The costs would be allowable if the award were not suspended or expired normally at the end of
the funding period in which the termination takes effect.
Relationship to Debarment and Suspension. The enforcement remedies identified in this section,
including suspension and termination, do not preclude grantee or subgrantee from being subject to
"Debarment and Suspension" under E.O. 12549 (see Section .35) and state law.
CONTACTS AT TSLAC
Questions or concerns about programmatic issues and Prior Approval requests should be directed to
this grant's Project Manager:
Kathleen Walls
Grants Coordinator
Phone: 512-463-5532
Fax: 512-463-8800
E-mall: kwalls~tsl.state.tx.us
Questions or concerns about regulatory or financial issues should be directed to:
Manager of Accounting and Grants Department
Phone: 512-463-6626
E-mail: camack(~_,tsl.state.tx.us
Page 7 of 8
Fiscal Year 2003 City of Corpus Christi Technical Assistance Negotiated Grant
Fax all reports to:
Grants Accountant
Phone: 512-463-5472
Fax: 512-475-0185
E-mail: ~
Payments to the Grantor, such as those for excess advanced funds or for interest earned each quarter
on advanced funds, should be mailed with an explanation of the purpose of the payment and the
grant number to:
Grants Accountant
Texas State Library and Archives Commission
PO Box 12516
Austin, TX 78711-2516
X. APPLICABLE AND GOVERNING LAW
This grant shall be governed by the laws of the State of Texas. All duties of either party shall be
legally performable in Texas. The applicable law for any legal disputes arising out of this
contract shall be the law of(and all actions hereunder shall be brought in) the State of Texas, and
the forum and venue for such disputes shall be Travis County, District Court.
B. This grant is subject to availability of funds.
XI. SIGNATURES
GRANTOR
Texas State Library and Archives Commission
GRANTEE
City of Corpus Christi, Corpus Christi Public
Library
Edward Seidenhnrg, Assistant State Librarian
Signature (Must be an official empowered
to enter into contracts)
Typewritten or Printed Name
Title
Donna Osbome, Chief Fiscal Officer
Date Date
Page 8 of 8
Fiscal Year 2003 City of E1 Paso Technical Assistance Negotiated Grant
12
CITY COUNCIL
AGENDA MEMORANDUM
September 13, 2002
AGENDA ITEM: Ordinance amending the ClearSource/Grande franchise to provide one-
month extension for broadcasting of public and repeat government access channel
programming
BACKGROUND:
The ClearSource/Grande franchise provides that ClearSource/Grande will begin
cablecasting public, education and government (PEG) channels by September 25, 2002.
ClearSource/Grande is now broadcasting live government channel programming, and all
programming on the education channel.
ClearSource/Grande and Time Warner entered into an interconnection agreement
whereby Time Warner will provide a PEG channel connection to ClearSource/Grande.
Council approved this concept during the meeting on August 27, 2002.
ClearSource/Grande and Time Warner identified a location on McArdle Road, close to the
Time Warner facility, for the interconnection. However, the particular area of McArdle
Road is under construction as part of the McArdle Road Improvements Phase I project,
administered by TXDOT. TXDOT has requested that no additional construction activity
occur at this location until September 16, 2002 to eliminate delay or interference with
contractor's work. Thereafter, ClearSource/Grande and Time Warner would need
approximately 3 weeks to complete the interconnection.
Alternate locations for the interconnection were considered, however Time Warner and
ClearSource/Grande believe that it would take longer to accomplish the interconnection at
another location, even with the delay in accessing McArdle Road.
REQUIRED COUNCIL ACTION: Staff recommends that a one-month extension be
granted to ClearSource/Grande to allow time for the interconnecfion. ClearSource/Grande
will continue to broadcast the education channel and live government channel
programming during this extension.
Susan Cable
Director, E-Government Services
ORDINANCE
AMENDING THE CLEARSOURCEIGRANDE FRANCHISE TO PROVIDE ONE-
MONTH EXTENSION FOR BROADCASTING OF PUBLIC AND REPEAT
GOVERNMENT ACCESS CHANNEL PROGRAMMING
WHEREAS, ClearSource, Inc./Grande Communications ("ClearSource/Grande") is
the duly authorized holder of a franchise granted by the City in Ordinance No.
023835 and passed by the City Council on November 9, 1999, (the "Franchise"), as
amended;
WHEREAS, ClearSource/Grande currently receives a cable feed for the education
channel and cable feed for live broadcasts on the government access channel, and
is currently broadcasting such programming on its education and government
channels;
WHEREAS, ClearSource/Grande has executed an agreement with Time Warner to
receive interconnection to broadcast all public, education, and government access
channel programming to ClearSource/Grande subscribers; and
WHEREAS, additional time is needed to complete the interconnection due to
ongoing construction at the desired interconnection location;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI AS FOLLOWS:
SECTION 1. That Section 8.2 E of the franchise, first sentence, is amended to read:
6.2 Public, Educational and Governmental Access.
E. Playback. Notwithstanding anything to the contrary, Grantee shall begin
cablecasting all PEG access programming by October 25, 2002 ,.,;~-;,-
~_v~ __~ ................................ nt, in accordance with the
Rules and Procedures for Public Access Cablecasting set forth in Exhibit
of the Master Ordinance.
13
CITY COUNCIL
AGENDA MEMORANDUM
Date: September 17, 2002
AGENDA ITEM:
A. Motion authorizing the City Manager or his designee to accept a grant in the mount of
$39,896 from the State of Texas, Office of the Governor, Criminal Justice Division for third
year funding for the Computer Forensics Specialist grant and to execute all related
documents.
B. Ordinance appropriating $39,896 in the No. 1050 Federal/State Grants fund from the State of
Texas, Office of the Governor, Criminal Justice Division for third year funding for the
Computer Forensics Specialist grant; transferring $4,000 from the No. 6010 Law
Enforcement Trust Fund and appropriating it in the No. 1050 State and Federal Grant Fund
as grant matching funds; transferring $14,895 fi-om the No. 1020 General Fund and
appropriating it in the No. 1050 State and Federal Grant Fund as grant matching funds.
ISSUE:. The State of Texas, Criminal Justice Division, under the Criminal Justice Planning Fund has
approved third year funding to continue the Computer Forensics Specialist grant; the grant must be
accepted and funds appropriated.
BACKGROUND INFORMATION: The grant has enhanced the capabilities of the CCPD in the
areas of prevention, investigation, and prosecution of computer-facilitated crime, especially in cases
involving computer based sexual exploitation of children. The civilian specialist extracts evidence
pertaining to computer crimes, provides technical support and training to investigators and field
officers on computer crime indicators, initial search and seizure requirements and procedures, and
provides expert testimony on computer crimes. The computer forensics specialist, being an expert in
computers, the Intemet, and various types of cyber crime, also gives presentations on cyber crime
prevention to various organizations and design and implement prevention strategies for children and
thek families on the safe use of the Intemet and other forms of online communication.
FUNDING: The State provides $39,896 fur salaries and benefits ofthe civilian Computer Forensics
Specialist. The City provides $14,895 for matching salaries and supplies; and $4,000 from the law
enforcement trust fund for computer equipment and training.
REQUIRED COUNCIL ACTION: Accept the grant and appropriate the funds.
RECOMMENDATION: Staffrecommends accepting the grant and appropriating the funds.
Attachments:
1. Award letter
OFFICE
OF THE GOVERNOR
RECEIVED
AUG 22 2002
Cff~ MANAGER'S OFFICE
RICK PERRY
GOVERNOR
August 15, 2002
RECEIVED
,AUG ~ 2 2002
Ctl¥ NIANAGER'S OFFICE
Mr. David Garcia
Corpus Christi, City of
1201 Leopard
Corpus Christi, Texas 78401
Dear Mr. Garcia:
I am pleased to announce a grant award for $39,896 to your organization for the following project:
Computer Forensics Specialist. I am dedicated to ensuring that communities throughout the state
receive resources to make Texas a safer place. Funding for your project contributes to this effort. Your
t~ent, dedication, and hard work will ensure its success.
The attached Statement of Grant Award contains more specific information about your award. Call my
Criminal Justice Division at (512) 463-1919 if you have any questions. Thank you for your work and
best wishes for a successful project.
amccreiv,
Governor
RP:jk
15416..03
Post OFFICE Box 12428 AIJSTtN, TEXAS 78711 (512) 463 2000 (Vo]cT0/D[XL7-1-1 FOR RELAy SERVICES
OFFICE OF THE GOVERNOR
CRIMINAL JUSTICE DIVISION
GRANT ACCEPTANCE NOTICE
SF-03-A10-15416-03
Corpus Christi, City of
Computer Forensics Specialist
This Acceptance Notice should be signed by the authorized official named on the grant and returned to the
Criminal Justice Division (CJD) by October 4, 2002. The grantee will not receive any grant funds until this notice
is executed and returned to CJD.
Part I:
The authorized official for this grant project must read the following and indicate agreement by
signing this Acceptance Notice below:
The authorized official for the grantee accepts the grant award.
The authorized official, financial officer, and project director, referred to below as grantee officials,
agree to the terms of the grant, including the rules and documents adopted by reference in Title I,
Part I, Chapter 3, Texas Administrative Code.
It is understood that a violation of any term of the grant may result in CJD placing a temporary hold on
grant funds, permanently deobligating all er part of the grant funds, requiring reimbursement for funds
already spent, or barring the organization Eom receiving future grants.
The grantee officials understand that they must satisfy all special conditions placed on this grant
before receiving any funds.
The grant must have three separate persons designated to serve as grant officials.
Official Agency M~iling Address
City/Zip Code
Telephone Number Fax Number
Part II:
The position designated by the authorized official to request grant adjustments is the (select one):
~ROJECT DIRECTOR [] FINANCIAL OFFICER
2003-Criminal Justice
Post Office Box t2428, Austin, Texas 78711 (512)463-1919
Grant Number:
Grantee Name:
Project Title:
Grant Period:
Program Fund:
OFFICE OF THE GOVERNOR
CRIMINAL JUSTICE DIVISION
STATEMENT OF GRANT AWARD
SF-03-A10-15416-03
Corpus Christi, City of
Computer Forensics Specialist
09/01/2002 - 08/31/2003
SF-State Criminal Justice Planning (421) Fund
CJD Award:
Grantee Cash Match:
Grantee In-Kind Match:
Total Project Cost:
$39,896
$18,895
$0
$58,791
The Governor's Criminal Justice Division (CJD) has awarded the above-referenced grant. The approved
budget is reflected in the attached Budget Summary. This grant is subject to and conditioned upon
acceptance of the Governor's Criminal Justice Division's rules in Title I, Part I, Chapter 3, Texas Administrative
Code. Applicable special conditions ara cited below. By signing and submitting the Grantee Acceptance
Notice to CJD, the grant officials accept the responsibility for the grant project and certify their agreement to
the conditions of grant funding.
2003-Criminal Justice
Post Office Box 12428, Austin, Texas 787'11 (512)463-1919
OFFICE OF THE GOVERNOR
CRIMINAL JUSTICE DIVISION
APPROVED BUDGET SUMMARY
Grant Number: SF-03-A10-15416-03 Region: 2000
Grantee: Corpus Christi, City of Date: 08/20/02
Project Title: Computer Forensics Specialist
Grant Period: 09/01/2002 to 08/31/2003
Funding Source: SF-State Criminal Justice Planning (421) Fund
CJD Cash Match In-Kind TOTAL
A. Personnel: $39,896 $13,299 $0 $53,195
B. Contractual: $0 $0 $0 $0
C. Travel: $0 $1,100 $0 $1,100
D. Equipment: $0 $3,000 $0 $3,000
E. Construction: $0 $0 $0 $0
F. Supplies: $0 $1,496 $0 $1,496
G. Indirect: $0 $0 $0 $0
Total: $39,896 $18,895 $0 $58,791
Budget Detail:
A. Computer Forensics Specialist, $42,597; Fringe Benefits, $10,598.
C. In-state Travel and Training Costs, $1,100.
D. Backup Tape Drive, $1,600; 8 Port Switch, $150; SCSI Card, $250; Printer, $300; Network
Cable/Connections, $50; SCSI HDD, $250; EIDE Hard drives, $400.
F. Office Supplies, $900; Communications (Pager), $96; Dues: High Tech Crime Investigators, $50;
Postage, $100; Internet Connection, $350.
2003-Criminal Justice
Post Office Box 12428, Austin, Texas 78711 ($12) 463-1919
ORDINANCE
APPROPRIATING $39,896 IN THE NO. 1050 FEDERAL/STATE GRANTS FUND
FROM THE STATE OF TEXAS, OFFICE OF THE GOVERNOR, CRIMINAL
JUSTICE DIVISION, FOR THIRD YEAR FUNDING FOR THE COMPUTER
FORENSICS SPECIALIST GRANT; TRANSFERRING $4,000 FROM THE NO.
6010 LAW ENFORCEMENT TRUST FUND AND $14,895 FROM THE NO. 1020
GENERAL FUND AND APPROPRIATING THESE FUNDS IN THE NO. 1050
FEDERAL/STATE GRANTS FUND AS MATCHING GRANT FUNDS; AND
DECLARING AN EMERGENCY.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. That $39,895 is appropriated in the No.105 Federal/State Grants
fund from the State of Texas, Office of the Governor, Criminal Justice Division for third
year funding for the Computer Forensics Specialist grant; Ixansfen'ing $4,000 from the
No. 6010 Law Enforcement Trust Fund and $14,895 from the No.1020 General Ftmd and
appropriating these funds in the No. 1050 Federal/State grants fund as grant matching
funds.
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 ~?~7+ · ~ o ,2002
James R. Bray, Jr. ~/
City Attorney
Lisa Aguilar ~)
Assistant City Attorney
14
AGENDA MEMORANDUM
DATE:. September 17, 2002
SUBJECT: Frost Bank Building Lease Space Re-roof- Project No. 4268
AGENDA ITEM:Motion authorizing the City Manager, or his designee, to execute a
construction contract with Haeber Roofing Company for a total fee not to exceed
$89,600.00 for the Frost Bank Building Lease Space Re-roof and Roof Repairs FY2002
Project.
ISSUE: The re-roof and roof repairs are necessary to ensure building integrity.
FUNDING: Funds for this project are available in the FY2003 Maintenance Services Fund
Operating Budget.
RECOMMENDATION: Approval of the motion as presented.
ance Services Superintendent
~-O~-~---Angel R. Escobar, P. E.
Director of Engineering Services
Additional Suooort Material:
Exhibit "A" Background Information
Exhibit "B" Project Budget
Exhibit "C" Bid Tab Summary
Exhibit "D" Location Map
BACKGROUNDINFORMATION
Prior Council Action: July 23. 2002 - Adoption of the FY2003 Annual Budget, which
included funding for this project (Ord. No. 024974).
PHor Administrative Action: ADd114. 2002 - Award of an architectural services contract
in the amount $9,700 to Morgan Spear and Associates.
Backpround Information: The re-roof and roof repairs were programmed to occur as part
of the first floor One Stop Development Center improvements. Roofing projects are
normally treated as stand alone projects with the exception of new buildings. This
eliminates the overhead and profit that would otherwise be charged by a general
contractor. Proceeding with the project will avoid any coordination issues with the One
Stop contractor.
The existing roof above the One Stop Development Center is neadng the end of its
economic life. It is necessary to replace the roof pdor to remodeling to prevent any future
leaks from developing. Some work on the tower is included to address minor problems
that could develop further.
Pro_iect Descrk)tion: The project consists of:
1. First Floor Roof - demolition of the existing roof to the deck and flashings, and
installation of new built-up/modified coal tar pitch roofing;
2. Entrance Roofs - demolition of the existing roof to concrete deck, and installation
of new built-up/modified coal tar pitch roofing;
3. Tower Roof - remove gravel back 18-inches from parapets, and add new three
course parapet flashing.
Bid Information: The project was bid as a base bid with two additive alternates. The
additive alternates will be used to generate unit pdces in case a change order is necessary
to replace roof insulation or metal deck. The City received proposals from five bidders on
August 28, 2002, with bids ranging from $89,600 to $190,596. The architect's estimate
was $78,000. The Iow qualified bid was submitted by Haeber Roofing Company of Corpus
Christi, Texas. Haeber Roofing is an established local firm that has satisfactorily
completed several other projects for the City.
American Contracting U.S.A., Inc., of Combes, Texas, submitted a bid in the amount of
$85,219 that was disqualified as non-responsive. The bid was faxed and not submitted in
a sealed envelope as required by the Local Government Code. Electronic submission is
Exhibit A
Page 1 of 2
permited only if the City Council has adopted rules to ensure the electronic bid remains
effectively unopened until the proper time (Local Government Code 252.0415).
Contract Terms: The contract provides for the project to be completed in 90 calendar
days, with completion anticipated no later than December 2002.
Exhibit A
Page 2 of 2
PRELIMINARY BUDGET
FROST BANK BUILDING LEASE SPACE RE-ROOF & ROOF REPAIRS
CORPUS CHRISTI, TEXAS
September 6, 2002
PRELIMINARY ACTUAL
BUDGET BUDGET
103,250
9,700
Maintenance Service Fund Operating Budget
Frost Bank Proceeds (FY2001-2002)
TotalI 112,960
Construction 89,600
Construction Contingencies (10%) 8,960
Design Consultant (Arch./Engineer) 9,700
Engineering Reimbursements (3%) 2,690
Testing (Geotech & Quality Control) 0
Miscellaneous Expenses (Printing, Advertising, Express, etc.) 2,000
TotalI 112,950I
H:~HOME\KEVINS\GEN\FROSTBLD~ROOF~BUDGET.EXB
Page 1 of 1
TABULATION OF BMDB Page 1 of 4
DEPARTMENT OF ENGINEERING - CITY OF CORP0S CHRISTI, TESAB
TABULATED HY; Ingai E.Eacobar, P.E., Director of Engineering servieu
DATE, Wednesday, August 28, 2002 TIME OF CONPLSTION� 90 Calendar Days
ENG3NEMR'S ESTIMATE. $78,000
Frost Bank Building Lease Space
Re -Roof and Roof Repairs FY 2002
Project No. 4268
DEBCVZMON OTY• UNIT
Basher Roofing Company
2388 Holly Road
Corpus Chriati, T1 78415
OBIT PRICE AMOUNT
Port Rnterprlses, Ltd.
1955 Saratoga Blvd.
Corpus Christi, TI 78417
UNIT PRICE AMOUNT
Bruton/Gomez Co.Inc.
P.O.BOx 8794
Corpus Christi, TI 78468
UNIT PRICE AMOUNT
Sechrist-Ball Company
P.O.Box 5207
Corpus Christi, TI 78465-
5207 MENNEN
OBIT PRICE AMOUNT
Itam Roofing demolition and 1
LS
No.l improvements to Four Roof
Areas including: removal
of existing roofing to
deck and roof flashings at
First Floor Roof including
area around base of tower,
Canopy Roofs at South 6
West aide of building,
installing new Built-
UP/Modified Coal Ter Pitch
Roofing and demolition,
roof repairs and re -
flashing the Fourth Floor
Roof; and all other
associated work. All work
to be in accordance with
the plans, specifications
and contract documents;
complete in place per luTT
SUM.
TOTAL BABE Hm,
$89,600.00
$118,556.00
$1291800.00
$190,596.00
Item Removal Of insulated 1
Roof
$500.00 $500.00
$1,000.00
$1,000.00
$380.00 $380.00
$750.00 $750.00
NO. concrete fill and
Sq.
S1 replacement of rigid
(100
insulation, complete in
SF)
Place per roof square
TAEUSARION 0E BIDS Page 2 of 4
DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS
TAIMILATED Ey. Evgal R.Emcoba , D.E., Director of Engineering Services
DATE. Nednasday, August 28, 2002 TIME OF COMPLETION. 90 Calendar Days
IMIIS@'S E8Ta0\TE. $78,000
Frost Bank Building Lease Space
Re -Roof and Roof Repairs FY 2002
Project No. 4268
Maher Roofing Company
2388 Holly Road
Corpus Christi, TI 78415
Port Enterprises, Ltd.
1955 Saratoga Blvd.
Corpus Christi, TX 78417
Bruton/Gomez Co. Inc.
P.O.Box 8794
Corpus Christi, TX 78468
Sechrist-Rall Company
P.O.Box 5207
Corpus Christi, TE 78465-
5207
DESCRIPTION
gTr.
UNIT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUST
UNIT PRICE
AMOUNT
Item
Removal of metal deck and
1
Rx.f
$900.00
$900.00
$1,500.00
$1,500.00
$570.00
$570.00
$1,500.00
$1,500.00
No.
insulated concrete fill -
Sq.
S2
replace with new metal
(100
deck and rigid insulation,
SF)
complete in place per roof
square.
TABULSTION OF BIDS Page 3 of 4
DRPARTIO MP OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS
TANDIATRD BT:, Angel R.Escobar, P.E., Director of Engineering Services
DATE, Wednesday, Asst 28, 2002 TIES OF COMPAMlION, 90 Calendar Days
EE01311MR-6 ESTINIFS, $78,000
Frost Bank Building Lease Space
Re -Roof and Roof Repairs FY 2002
Project No. 4268
susessomemsess
DESCRIPTION OTY. OMIT
-American Contracting
U.S.A.Inc.
P.O. Box 523
Combes, Texas 78535
UNIT PRICE AMOUNT
UNIT PRICE AMOUNT
UNIT PRICE AMOUNT
SIEMENS!
UNIT PRICE ANOWi
Item
Roofing demolition and 1 LS
NO -1
improvements to Four Roof
Areas including: removal
of existing roofing to
deck and roof flashings at
First Floor Roof including
area around base of tower,
Canopy Roofs at South &
West side of building,
installing new Built-
up/Modified Coal Tar Pitch
Roofing and demolition,
roof .repairs and re -
flashing the Fourth Floor
Roof; and all other
associated work. All work
to be in accordance with
the plane, specifications
and contract documents;
complete in place per lump
sum.
TOTAL BASE BID:
-$85,219.00
Item
Removal of insulated 1 Roof
$750.00
-$750.00
No.
concrete fill and Sq.
S1
replacement of rigid (100
insulation, complete in SF)
place per roof square
TABULATION OF BIDE Page 4 of 4
DmAwriam of nOnPminMo - cITS or coRPUS cm mi, Tmw
TABULATED MMr. Angel R.Nscobar, P.R., Director of Engineering Beroices
DATE. Wednesday, Aayast 28, 2002 TIM OF COMPLETION. 90 Calendar Days
ENGINEER'S ESTIMATE. $78,000
Frost Bank Building Lease Space
Re -Roof and Roof Repairs FY 2002
Project So. 4268
-American Contracting
U.S.A.lnc.
P.O. Box 523
Combos, Texas 78535
DROCR37TMON
QTY.
UNIT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
sten
Removal of metal deck and
1
Rxd
$1,850.00
*$11850.00
No.
insulated concrete fill -
Sq.
S2
replace with new petal
(100
deck and rigid insulation,
SP)
complete in place per roof
square.
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File : councilexhibits \ exh4 268. dwg
LOCATION BAP
NOT TO SCALE
'
PROJECT No. 4268 VICINI~
~or ~o ~ EXH~BZT "D"
FROST B~K BUiLDiNG SPACE CZ~ ~UNCZL EXHiBiT
DEPARTMENT OF ENGINEERING SERVICES
L~SE RE-ROOF PA~E:
Cl~ OF CORPUS CHRISTI, TEXAS DATE: 09-11-2002
15
AGENDA MEMORANDUM
September 17, 2002
SUBJECT:
McArdle Road Street Improvements, Phase 3, Everhart to Holmes Drive
Parcels 16 and 17
Bond Issue 2000, Project No, C-6
AGENDA ITEM: Motion authorizing the City Manager o his designee to execute Real
Estate Sales Contracts with:
a. Cheryl L. Flores in the amount of $56,000 plus $1,500 in closing costs and
relocation assistance not to exceed $5,250 for Parcel 15.
b. Hesiquio Rodriquez and wife, Eva Maria Rodriquez in the amount of $82,000
plus $1,500 in closing costs and relocation assistance not to exceed $22,500
for Parcel 17.
both 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
right of way line, between Everhart Road and Holmes Drive. To date, staff has negotiated
the pumhase of eleven 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.
Attachments:
Exhibit A.
Exhibit B.
Exhibit C.
Exhibit D.
l-~.Angel R. Escobar, P.E. '
Director of Engineering Services
Background Information
Pamel Map
Contract Summary (Flores)
Contract Summary (Rodriguez)
H:\HOME~EUSEBIOG\GEN~Agenda ItemsU~,lcArdle Rd. St.flores&roddguez~Agenda memo.doc
BACKGROUND INFORMATION
SUBJECT:
McArdle Road Street Improvement~, Phase 3, Everhart to Holmes Drive
Parcels 16 and 17
Bond Issue 2000, Project No, C-6
PRIOR COUNCIL ACTION:
November 14, 2000 - Ordinance canvassing returns and declaring the results of the
Special Election held on November 7, 2000, in the City of Corpus Chdsti for the
adoption of seven prepositions; 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 26, 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)
Au.qust 20, 2002 - Motion authorizing the City Manager or his designee to execute
Real Estate Sales Contracts with Jesse David Bebout,Jr. for Parcel 3, Irma Noemi
Garcia for Parcel 4, Mary Pefia for Parcel 5, Benjamin De La Rosa and wife,
Eunice De La Rosa for Parcel 6, Anita Carrol Frees-Foster for Parcel 7, Becky Fair
for Parcel 13, Richard T. Lopinto and wife, Gwen F. Lopinto for Parcel 14, Juan
Ledesma and wife, Dahlia Ledesma 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. (Motion No. M2002-268)
August 27, 2002 - Motion authorizing the City Manager or his designee to execute
a Real Estate Sales Contract with Virginia Gonzalez in the amount of $ 58,000 plus
$1,500 in closing costs and an additional amount not to exceed $22,500 for
relocation assistance for Parcel 10, all necessary for the McArdle Road Street
Improvement Project, Phase 3, (#6146), Bond Issue 2000, Project No. C-6, and for
other municipal purposes. (Motion No. 2002-271)
Exhibit A
1 of 3
FUTURE COUNCIL ACTION: Council will be required to:
authorize the award of future construction contracts and amendments; and
authorize the approval of any other pamels 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.
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.
Prior to negotiations, the parcels were appraised separately by John A. Erickson,
SPA and Marion F. Curington, ASA, both independent contract appraisers.
Pamel 16: The appraised value of $56,000 was offered to Cheryl Flores for fee
simple rights to her property. The City will be acquiring land and all improvements.
In addition, her tenant is eligible for a maximum of $5,250 for relocation benefits and
replacement housing. Ms. Flores has agreed to this offer and has executed the
Real Estate Sales Contract for the acquisition. The contract will be escrowed and
closed at San Jacinto Title Company.
Pamel 17: The appraised value of $82,000 was offered to Mr. and Mrs. Hesiquio
Flores for fee simple rights to their property. The City will be acquiring land and all
improvements. They will be eligible for a maximum of $22,500 in moving expenses,
price differential payment, and other relocation assistance. Mr. and Mrs. Flores
have agreed to the offer and have executed a Real Estate Sales Contract for the
acquisition. The contract will be escrowed and closed at First American Title Co.
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
Exhibit A
2 of 3
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 pumhase price differential, mortgage interest
differential, and incidental expenses involved in a replacement home. The purchase
price differential is the difference between the sales price 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
costs, inspection fees, appraisal fees, and loan costs.
Exhibit 3 of 3
_~= McARDLE RD. ST. IMPS. PHASE 3
IOID 2000 PRO,JEt1' NO. C..6 I~,~KttlRIT R
EVERHART BD. TO HOLLIES DR. ..........
CITY COUNCIL EXHIBIT
Dept. of Engineering 8ervloes
09-17-02
CONTRACT SUMMARY
Project #6146: McArdle Road Street Improvements, Phase 3 (Everhart to Holmes)
Parcel 16, Cheryl L. Flores
Legal Description - Mount Vernon Subdivision Unit 2, Block 8, Lot 1 (4902
Andover Drive)
2. Purchase Price - $56,000
3. 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.
10. Acquisition is under the threat of eminent domain proceedings.
11. Seller agrees to vacate the premises within 120 days from the date of closing.
12. Time is of the essence in closing this transaction.
H:\HOME\EUSEBIOG~GEN~Agenda Items\McArdle Rd. St.flores&roddguez\Contract Summa~.flores.doc
Exhibit C
CONTRACT SUMMARY
Project #6146: McArdle Road Street Improvements, Phase 3 (Everhart to Holmes)
Parcel 17, Hesiquio C. Rodriguez and wife Eva Marie Rodriguez
Legal Description - Mount Vemon Subdivision #3, Block 8, Lot 23 (4901 Holmes
Drive).
2. Purchase Price - $82,000
3. 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.
10. Acquisition is under the threat of eminent domain proceedings.
11. Seller agrees to vacate the premises within 120 days from the date of closing.
12. Time is of the essence in closing this transaction.
H:\HOME\EUSEBIOG\GENV~enda Items\McArdle Rd St.gonzales\Contract Summary.flores.doc
Exhibit D
16
ORDINANCE STATUS
AGENDA ITEM:
Ordinance changing the name of Parkdale Drive to Whataburger Way between
Gollihar Road and Everhart Road; providing for severability; and providing for
publication.
FIRST READING:
September 9, 2002
Passed: 94) (Unanimous vote)
FINAL READING:
September 17, 2002
COMMENTS:
(None)
CITY COUNCIL
AGENDA MEMORANDUM
Date: September 3, 2002
SUBJECT: Proposed Re-naming of Parkdale Drive
to Whataburger Way
AGENDA ITEM:
a. Public hearing for proposed re-naming of Parkdale Drive to Whataburger Way.
b. Ordinance changing the name of Parkdale Drive to Whataburger Way between
Gollihar Road and Everhart Road.
ISSUE:
The City has received a request from a property owner abutting Parkdale Drive to re-name
Parkdale Drive to Whataburger Way (Exhibit 1).
REQUIRED COUNCIL ACTION:
The Code of Ordinances specifies the process for the naming and re-naming of public
streets, This process requires the City Council to conduct a public hearing to receive
public comment on the proposed re-naming and to render a decision. The City Secretary's
Office has published notice of this public hearing and also sent notices of the public
hearing to all individuals and businesses that are addressed on or otherwise abut against
Parkdale Drive,
RECOMMENDATION:
Staff recommends Council conduct a public hearing to determine whether adoption of the
ordinance is warranted,
~5~.Angel R. Escobar, P.E.
Director of Engineering Services
ADDITIONAL SUPPORT MATERIAl
Background Information
Applicant Request - Exhibit 1
Site Map - Exhibit 2
Property Ownership Data - Exhibit 3
AGENDA MEMORANDUM
Additional Background Information
BACKGROUND: The original notification letter of the proposed name change of Parkdale
Drive identified the new name as One VVhataburger Way. The letter should have identified
the proposed name as Whataburger Way. This error required the name change process
to be reinitiated. (Exhibit 1)
Street Re-naming Process: Following is a brief summary of the procedure established
for re-naming city streets:
1. Applicant must reside on or own property owner on the subject street section.
2. Application is to provide a list of all owners and tenants whose residences or
places of business are on the subject street.
3. Unless all owners and tenants sign the petition for re-naming the street, a fee of
$25 must accompany the application to cover the cost for the City Secretary to
prepare notices to all affected property owners and tenants and publish a public
notice.
4. City Manager requests comments from property owners, Traffic Engineer, Utilities
Office Manager, Director of Planning, Director of Engineering, Fire Chief, Police
Chief, U.S. Postmaster, City Landmark Commission, Nueces County Historical
Society, and Nueces County Historical Commission for the proposed re-naming
5. City Manager sets date for public hearing by the City Council.
6. City Secretary provides notice to all affected property owners and tenants not less
than ten days in advance of the public hearing.
7. On the date of the Council's public he~ring, the Council renders a decision at that
time or at some other time convenient for the Council to continue the matter.
Parkdale Drive: Parkdale Drive is classified as a residential street connecting the Gollihar
Road with Everhart Road. Three other property owners share frontage with Whataburger,
Inc.
Review by City De_~artments I Agencies:
The offices of the City Traffic Engineer, Utilities Office Manager, Director of Planning,
Director of Engineering, Fire Chief, Police Chief, U.S. Postmaster, City Landmark
Commission, Nueces County Historical Society and Nueces County Historical Commission
have each been contacted for comments on the proposed street name change. No
opposition has been received from any of these officials.
With regard to the Fire Department's concerns, when emergencies are reported via the
"911" system, emergency service units will respond to the location identified with the "911"
telephone call. Therefore, approved street name changes require some redundancy to
ensure accurate reporting this information to the affected agencies. That is:
the Police and Fire Departments are notified of the name change. The Police
Department's geographical computer data base "flags" this information with the "911"
system so that the dispatcher is prompted to query a caller about the correct address.
Policy on Re-naming Streets I Recent Council Actions:
City Council established an official Council policy in 1994 declining to change the
names of streets in Corpus Christi except under unusual, extenuating circumstances
(Resolution 21901, 03-22-94).
· Other Recent Street Re-namings: - Northwest Boulevard
- Up River Road
- Belden Street
Imolementation Cost;
Implementation costs for the street name change, if approved, would be restricted to the
cost of replacing ground-mount street name signs located on Gollihar Road/Parkdale Drive
and Everhart Road/Parkdale Road. Street name signs are installed and maintained by the
City. The estimated City cost for replacement of the existing street name signs with the
proposed name change is $125. Street name change costs have historically been borne
by the City through its annual operating budget (Street Services Department).
July 26, 2002
EXHIBIT '1 '
Mr. Angel Escobar
city Hah
i201 Leopard Street
34 Floor
Corpus Christi, Texas
78469
Dear Angel:
I am writing to formally submit our request to rename Parkdale Drive.
We would like to petition the city to rename the street Whataburger Way.
Our address would be One or the number 1.
On behalf of the Dobson Family and our fifteen thousand employees, thank you for
considering this request.
Sincerely,
WHATABURGER, INC.
Timot~r~ r. Taft
President and CO0
WHATABURGER, INC. 4600 PARKDALE DRIVE, CORPUS CI-IKISTI, TEXAS 78411-2981 (361) 878-0650
me
S, STAPLES ST,
WHATABURGER, INC
O
O
WHATABURGER, INC
TAJR
O PROPERTY OWNERS
Q1 WHATABURGER, INC
2O MENCHACA, JUAN
Q3 HARRELL, T A JR
GOLTZMAN I 8 SONS
Eel
®r >LL LA MIA .7
OWNER MAILING
�L
ti
9�
EXHIBIT "2" SITE MAP
SUBJECT; PARKDALE DRIVE NAME CHARGE Traffic Engineering DW.
Ito 60WHAR RD. TO EVERHART RD. Engineering Services Dept
PROPERTY
OWNERSHIP DATA
PROPERTY OWNER
MAILING ADDRESS
O WHATABURGER, INC
4600 PARKDALE DRIVE
CORPUS CHRISTI, TEXAS
78411
O JUAN MENCHACA
4506 MILDRED
CORPUS CHRISTI,
TEXAS,
78411
3O T A HARRELL JR
P.O. BOX 60094
CORPUS CHRISTI,
TEXAS
78466
I GOLTZMAN & SONS
P.O. BOX 6691
CORPUS CHRISTI,
TEXAS
78466
gal EXHIBIT 113e SITE MAP
KNAM
ffM SUBJECT: PARNDALE DRIVE NAME CHANGE Traffic Engineering Div.
BOLLIHAR RD. TO EVERHART RD. Engineering Services Dern.
AN ORDINANCE
CHANGING THE NAME OF PARKDALE DRIVE TO
WHATABURGER WAY BETWEEN GOLLIHAR ROAD AND
EVERHART ROAD; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR PUBLICATION.
WHEREAS, after all notices required by Section 49-1 of the City Code of
ordinances, a public hearing was held on Monday September 9, 2002, during a
meeting of the City Council, in the Council Chambers, at City Hall, in the City of
Corpus Christi, Texas, during which all interested persons were allowed to appear
and be heard; and
WHEREAS, the City Council finds, as required by Resolution 21901 adopted on
March 22, 1994, that "unusual, extenuating circumstances" justify changing the
name of Parkdale Drive to Whataburger Way between Gollihar Road and
Everhart Road.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF CORPUS CHRISTI, TEXAS:
SECTION I. The name of Parkdale Drive is changed to Whataburger Way
between Gollihar Road and Everhart Road.
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 judgement of a court of competent jurisdiction, it shall
not affect any other section, paragraph, subdivision, clause, phrase, word or
provision of this ordinance, for it is the definite intent of this City Council that
every section, paragraph, subdivision, clause, phrase, word or provision hereof be
given full force and effect for its purpose.
SECTION 3. Publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 4. Upon final adoption of this Ordinance, as required by Section 49-1
of the City Code of Ordinances, a copy of this ordinance shall be furnished by the
City Secretary to the department heads and the Postmaster, and the traffic
engineering department shall, at the direction of the City Manager, place street
name signs, as specified in subsection (6) of said section.
That the foregoing o/4~_ance was r~,d ~[ the.first time and passed to its second
reading on this the ~ i:tay of~ 2002, by the following vote:
Samuel L. Neal, Jr. Rex A. Kinnison ~l~ .~.~
Brent Chesney
Javier D. Colmenero
Henry Garrett
John Longoria
Jesse Noyola
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:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Henry Garrett
Bill Kelly
PASSED AND APPROVED, this the
ATTEST:
Rex A. Kinnison
John Longoria
Jesse Noyola
Mark Scott
__ day of ., 2002.
THE CITY OF CORPUS CHRISTI:
Armando Chapa
City Secretary
Approved this the 3~ day of
James R. Bray, Jr., City Attorney
By:
Jose ey ~5
Assistant City Attorney
Samuel L. Neal, Jr.
Mayor
2002.
17
ORDINANCE STATUS
AGENDA ITEM:
1. Ordinance changing the name of the "Corpus Christi Bay Area Minority Business
Opportunity Committee Program' to the "Business Resource Center"
FIRST READING:
September 9, 2002
Passed: 8-0
(Absent - John Longoria)
FINAL READING:
September 17, 2002
COMMENTS:
(None)
CITY COUNCIL
AGENDA MEMORANDUM
September 9, 2002
AGENDA ITEM: Ordinance changing the name of the "Corpus Christi Bay Area Minority
Business Opportunity Committee Program" to the "Business Resource Center".
ISSUE: The Minodty Business Opportunity Committee has significantly expanded its
scope of work as part of its 2000, 2001 and 2002 strategic plans. As part of those plans,
the Steering Committee voted to change the name to the Business Resource Center in
order to reflect the new expanded scope of work. This scope includes serving all small
businesses as opposed to minority only and to diversify its clientele to include more
professional and service oriented businesses. It also includes the development and
implementation of youth entrepreneur programs such as Career Training 101 and
YouthWorks.
REQUIRED COUNCIL ACTION: Council approval is required for a change in the City
of Corpus Christi Municipal Code.
PREVIOUS COUNCIL ACTION: Council has funded the MBOC through CDBG funds
for FY 1999, 2000, 2001and 2002.
FUNDING: The Minority Business Opportunity Committee is currently funded through
Community Development Block Grant.
CONCLUSION AND RECOMMENDATION: Staff recommends the City Council
approve the ordinance change that will change the name of the "Corpus Christi Bay Area
Minority Business Opportunity Committee Program" to the "Business Resource Center".
(Departm /nt 'Signature)
BACKGROUNDINFORMATION
The United States Department of Commerce, Minodty Business Development Agency
funded the Minority Business Opportunity Committee (MBOC) in partnership with the City
of Corpus Christi in 1994. The intention of the project was to increase business
opportunities to ethnic minodty owned businesses, provide for more efficient coordination
of federal, state and local resources for minority business development, and to provide
greater access for minority businesses to money, management and markets. The project
was initially funded for three years until 1997 when the City received a one-year extension
finishing out 1998. At that point the City Council agreed to fund the program through
Community Development Block Grant Dollars for 6/1999, 2000, 2001 and 2002.
The MBOC Steedng Committee, due to the absence of Department of Commerce
regulations and guidelines, created a new strategic plan in the Spring of 1999. This plan
included two new components to the program. The first new component was to open
MBOC services to all small business regardless of their ethnic background, which adheres
to the race neutral recommendations by the Human Relations Department regarding the
Disparity Study. The second new component was to develop and implement a youth
entrepreneur initiative. Both of these components have been established and are a matter
of course with the daily operations of the MBOC.
MBOC is an information clearinghouse for the City Corpus Chdsti that provides
comprehensive information on certifications and contracting opportunities from all levels
of government. MBOC is the first contact information resource for sub-contractors, general
contractors, entrepreneurs, and government officials in regards to small business
contracting opportunities. A major component utilized by the MBOC to assist small
businesses is the Contract Database. This was created in an effort to link vendors,
contractors and service providers to various contracting opportunities made available by
federal, state and local governmental entities. As it currently stands, MBOC has 55
government partners that provide bidding information on contracts for construction, goods
and professional services.
The database contains the names and addresses of the business as well as other vital
business information such as certifications, bonding capacity, ethnicity, and standard
industry classification codes. VVhen MBOC receives the plans and specifications for an
upcoming project, staff runs a program using SIC codes that will identify each business in
the database that can potentially meet the project requirements. The business is then
contacted by phone, fax or e-mail to relay the information on the upcoming bidding
opportunity. At this point, the business can take advantage of this opportunity by reviewing
the plans and specifications of the project at the MBOC offices currently located at 1616
Martin Luther King Blvd. This database is the cornerstone of MBOC as it is a tangible item
that can be utilized by general contractors, sub-contractors, government and private
entities for not only contracting opportunities but also for statistical purposes that measure
the growth of specific industry in the area.
As part of the 1999 strategic plan MBOC designed and implemented a business
communications and leadership development program called Career Training 101. This
program targets the needs of local employers by teaching the students the essentials of
business fundamentals. This program continued in FY 2000 and 2001. The throe day
workshop is a comprehensive guide that teaches students valuable interviewing
techniques, team building skills, customer service priorities, building a personal mission
statement, choosing a caroer and becoming a leader. This initiative focuses on changing
the way youth view their future employment opportunities by providing an alternative to
Iow-paying jobs through the understanding of the business environment. This project has
been recognized by Youth Opportunities United, Ray High School, Moody High School and
the Workforce Network, Inc. as an outstanding way to deliver these skill sets.
As part of the 2000 strategic plan MBOC designed and implemented a building trades
program that also targets the way at-dsk youth view their future. This was made possible
by obtaining a grant from the School to Caroers Program in the amount of $11,750.
Partners in the program included: the Workforce Network, Wells Fargo Bank, Cintas,
SouthWestern Bell Wiroless, and the RTA. This pioneer project called '"YouthWorks" is a
caroer exploration and job placement project for the building trades industry. Fifteen
students were placed in YouthWorks determined by their Iow to very Iow-income eligibility.
The students learned up to a basic competency level in all aroas of home building
construction and worked on 6 differont homes during the five-month course. Additionally,
one of the homes was started and completed and was made available through the Housing
and Community Development Department as part of their demolition/replacement program.
After completion of this house the students wero permanently placed in fields of their
choice within the construction industry.
This highly successful project opened the door for continuation through a $25,000 grant
made available by the Weed and Seed Program. In 2001 the project was a four-way
partnership between the City of Corpus Christi-MBOC, Habitat for Humanity, the Corpus
Christi Builders Association and Corpus Chdsfi Independent School District. Once again,
eligibility of the students was made by their Iow to very Iow-income status. Eleven students
were placed from the Adult Learning Center, Moody High School and Miller High School.
All eleven students stayed with the project through its duration and built a house in 10
weeks. The project was completed July 31, 2001. We aro currontly seeking out partners
for a spring 2003 YouthWorks project.
ORDINANCE CHANGING THE NAME OF THE "CORPUS CHRISTI BAY
AREA MINORITY BUSINESS OPPORTUNITY COMMITTEE PROGRAM" TO
THE "BUSINESS RESOURCE CENTER"
BE IT ORDAINED BY THE CITY OF CORPUS CHRISTI, TEXAS:
Section 1. That the name of the "Corpus Christi Bay Area Minority Business
Opportunity Committee Program" is hereby changed to the "Business Resource Center."
Section 2. That all references in the City Code of Ordinances for "Corpus Christi Bay
Area Minority Business Opportunity Committee Program" are changed to the "Business
Resource Center." The specific changes are listed below:
DIVISION 12. c,c, om Te r, ux>m~-T o ^ v ^ or: ^ ~,.~Tc, r, rev m TCIXTUC~0
................................................. E BUSINESS RESOURCE
CENTER STEERING COMMITTEE
Sec. 2-140. Establishment.
There is hereby established the ,,r~
o..v~.~.. ..... ~.~.-.e,e*~ Cc,~'n,:.~cc" "Business Resource Center Committee (committee) which
shall consist ora minimum of nine (9) members and not more than fifteen (15) members.
Thc members of thc committee shall be appointed by thc city council. The committee
shall have thc guidance and assistance of thc director of community development. The
members of thc committee shall serve without compensation.
Sec. 2-141. Membership, terms, and quorum.
(a)
The committee shall be composed of a minimum of 1) three (3) representatives
from federal, state, and local government agencies, 2) one (1) representative from
the city chamber of commerce, 3) one (1) representative from the city black
chamber of commerce, 4) one (1) representative from the city hispanic chamber
of commerce, and 5) three (3) representatives from the private sector representing
major employers with substantial contracting capabilities. A representative from
the minority business development center and a representative of the small
business administration shall serve as advisory members to the committee. The
mayor and the county judge shall serve as ex-officio members of the committee.
(b)
Members of the conunittee may be appointed from within or without the city and
shall be appointed for terms of three (3) years coincident with the city fiscal year.
Terms shall be staggered so that no more than one-third (1/3) of the terms expire
in any one (1) city fiscal year. The term of each member shall continue until a
successor is appointed, subject to limitations of the City Charter or a term
limitation established by ordinance. A vacancy shall be filled for the unexpired
term in the same manner in which appointments are required to be made. Any
member may be removed by the city council for cause. The term for members of
the advisory committee shall be three (3) years. Ex-officio members shall serve
while holding the office of mayor or county judge.
(c)
A majority of the members of the committee shall constitute a quorum. The
concurring vote of a majority of those present, but not less than one-third (1/3)
members shall be required for making a decision.
Sec. 2-142. Organization.
(a)
The chair and vice-chair of the committee shall be elected by the members at the
first regular meeting of each fiscal year. The chair and vice-chair shall serve for a
term of one (1) year. If a vacancy occurs in either position, a replacement shall be
elected by the members at the next regularly scheduled meeting of the committee.
The committee shall keep minutes of its meetings and activities and furnish a
copy of the minutes to the mayor, city council, city manager, city secretary and
director of community development within fifteen (15) days of the meeting or
activity. The committee may promulgate rules and procedures for the proceedings
of the .......... j .......... rr ...... j business resource center committee and may
amend the same from time to time. The committee shall meet at least once each
quarter and may meet more frequently as determined by a concurring vote of at
least eight (8) members of the committee.
(c)
Subcommittees composed of committee members may be appointed by the chair
and utilized to perform certain projects related to increasing opportunities for
miner'~ty small businesses. The chair, with advice and consent of the city council,
may call upon individuals from throughout the community to assist the committee
or its subcommittees in the analysis of items being considered by the committee.
(d)
There is hereby created the office of
business resource center executive director. The holder of such office shall be an
employee of the city under the supervision of the director of community
development. The -'n:.nc..qt7 ~-"~: ........ ~"~;'- ..... :*'-- '
......... ~ ...... ~ ............ business resource
center executive director shall provide the necessary administrative and clerical
support so that the committee can expeditiously carry out its duties.
Sec. 2-143. Purpose and duties.
(a)
The purpose of the :..:.nc, fiD, bus,ne:: eFFc2.:.~ty committcc business resource
center program steering committee is to assist with the coordination of
~uz:nc:: v~.v ..... kj business resource center committee activities; to serve as a
focal point for the communication, delivery, and negotiation of mutually
beneficial approaches for business opportunities for minority, small,
disadvantaged, and micro-enterprise businesses; and to ensure maximum
2
opportunities for miner:..%' and small m-ut4i~tt~ businesses to participate
in the economic mainstream of the city.
(b)
The m:.ncfity 5uc.:.nzzz c7pz~.m:.ty business resource center committee shall
establish policies which md the .......... ~ .......... w ....... ~ bus~ness resource
center committee executive director in the implementation of the local
5u:inz:: c?Fc.~..:.':':~' business resource center committee program. The policies
shall assist the executive director to accomplish the following tasks:
(1) Develop program parameters, identify potential projects, and determine
support needs.
(2) Recruit federal, state, local and private sector officials as..~..v...~
~ business resource center committee members.
(3) Identify economic opportunities, and where possible, develop specialized
approaches for m:.nc, ri.%' small businesses to take advantage of those
opportunities.
(4) Where possible, coordinate and assist governmental units at all levels to
improve ..............~ ............... v ..... x ..... .,,
small businesses.
(5) Orgamze and coordinate .......... j ..........vv ......j business resource
center committee subcommittees and task forces.
(6) Ensure adequate .......... ~ ..........ev ......j bus~ness resource center
committee outreach to federal, state and local governments, and the
private sector.
(7) Provide contact, liaison, and follow-up with local and ~:~.4,.. ~...~:
cppc..~""mn/ty business resource center committee agencies.
(8) Identify and develop methods to overcome barriers in the areas of
financing, management and marketing by coordinating with educational,
financial, and marketing institutions and the private sector to make
............ small businesses self-suffic~ent.
(9) Oversee --:-~-:'-' ~"~: ........ '~"~:~-' '
or prepare .......... a ......... vt- ...... ~ business resource center
committee reports.
(10) Provide liaison and outreach to the ,,-ni,':c,~ty small business community
with the minority business development center and other community
organizations.
Sec. 2-144. Sunset provisions.
In the event of nonappropriation of funds for the operation of the committee, the
committee shall be dissolved and the office of executive director and any support staff
positions shall be deleted.
D the foregtoi~n~qr~n~c~was read for the first time and passed to its second reading on this the
ay of x..~'A..K~BJI4Q002, by the following vote:
Samuel L. Neal, Jr. Rex A. Kilmison
Brent Chesney
Javier D. Colmenero
Henry Garrett
Bill Kelly
John Longoria
Jesse Noyola
Mark Scott
That the foregoing ordinance was read for the second time and passed fmally on this the __
of ., 2002, by the following vote:
Day
Samuel L. Neal, Jr.
Rex A. Kinnison
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
Legal Form approved ~,~ · ~
James R. Bray, Jr.
City Attomey
By: Lisa?~ ~
Assistant City Attorney
,2002
Samuel L. Neal, Jr., Mayor
City of Corpus Christi
18
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM:
Presentation of the Corpus Christi Regional Economic
Development Corporation Annual Report 2001-2002.
STAFF PRESENTER(S):
Name
1. NA
Title/Position
Department
OUTSIDE PRESENTER(S):
Name Title/Position O~anizatlon
1. Ron Kitchens, CEO/President, C.C. Regional Economic Development
Corporation
ISSUE:
Presentation to include an accountability of accomplishments for the past year
FY2001-2002, and an overview of future development goals and initiatives.
REQUIRED COUNCIL ACTION:
No Council Action is required. Presentation for informational ur oses.
City Manager
Additional Background
Exhibits
A Life of Quality is Good Business
Economic development touches the lives of every/hah; Woman and child who live in the Corpus Christi
region. It has a direct impact on the quality of our livelihoods, our schools and our neighborhoods. Our area
is blessed with a wealth of natural beauty and resources. Our workforce is strong in number and they
understand the value of hard work.
The lifeblood of Corpus Christi is jobs. The job of the Corpus Christi Regional Economic Development
Corporation is to help find, create and retain those jobs and to do this in a manner that will not only
enhance our quality of life, but also protect it.
We believe we are meeting the challenge. From 1997 through £000 our area saw very little job growth.
But since the formation of the Corpus Christi Regional Economic Development Corporation, more than
10,000 new direct jobs have been announced. The Organization has been very active and visible in the
community, not only working to attract new jobs to the area, but also working with existing businesses to
develop more jobs and retain those we already have.
Everyone has lent a hand in achieving this growth--industry, government and the private sector. And the
future grows brighter with each day. For Corpus Christi, the sky is the limit.
It is with great pride we submit to you the ~0o 1-~oo:~ Annual Report of the Corpus Christi Regional
Economic Development Corporation. Within just a short period of time I believe our Organization
has helped change the tone of our community from one of pessimism to one of pride and hope for the
future. I want to thank everyone who make up our team, from the Board of Directors and members
to the governmental entities who support us to the people of Corpus Christi themselves. Together
we have proven we can achieve anything.
Joe Adame
Chairman
Corpus Christi Regional Economic Development Corporation
Our plan is working. Jobs are being created and retained. Communication between all facets of our
economy is improving. We are beginning to all pull in the same direction, working, talking and helping
one another create a better life for all of us. I would like to express my appreciation and thanks to the Board
of Directors and members of the Corpus Christi Regional Economic Development Corporation for their
support. I also want to thank the governmental entities who have so strongly supported us. Last, but not
least, I want to thank our small but extremely professional and energetic staffwho make my job what it
is...the best job in the country.
R~n Kitchens, CED
President/CEO
Corpus Christi Regional Economic Development Corporation
Board of Directors and Staff
Appointed by the City of Corpus Christi
Ed Martin, President, Berry Contracting
Gloria Perez, President, Asieo Enterprises
Foster Edwards, President, Stewart Title
Mayor Samuel L. Neal, Jr.*, President, HRH Insurance
Appointed by the Port of Corpus Christi
Bill Dodge, President, The Dodge Company
Bernard Paulson, Chairman, Tor Minerals
Appointed by Nueces County
Joe Adame, President, Joe Adame & Associates
Judge Richard Borchard*, Judge of Nueces County
Appointed by Board of Trustees
Jim Barnette, Owner, Coastcon Construction
Jacob Mufioz, Partner, Hilliard & Mufioz
Sam L. Susser, CEO, SSP/Circle K
George Kain, Vice President - Refiping, Valero
Ray Hayes, Vice President, TAMUCC
A1 Jones, President, American Bank
* The Mayor of the City of Corpus Christi and the Judge
of Nueces County hold permanent seats on the Board.
Executive Committee
Chairman
Vice Chairman
Vice Chairman - Secretary
Vice Chairman- Treasurer
Joe Adame
Ray Hayes
Sam L. Susser
Bernard Paulson
Staff
President/CEO
Vice President
Vice President
Manager of Client Services
Client Services
Client Services
Ronald R. Kitchens, CED
John Plotnik, SIOR
Omar Garcia
Jennifer Cochran
Sarita Martinez
Jill McKay
Outsourced Responsibilities
Legal Wood, Boykin and Wolter
Accounting Flusche Van Beveren and Kilgore
Media Relations Morehead, Dotts and Associates
The coo 1-~00~ year saw significant job creation in the
Corpus Christi region. According to Impact Data Source's
report, The Annual Economic Impact of the Corpus Christi
Regional Economic Development Corporatio~ ~,500 new
permanent direct jobs were announced between August
1, ~ool and July $1, ~00e. These jobs were created by
~5 different organizations and companies. Another 8,000
indirect jobs were also announced, making a total of 5,500
new jobs announced in the ~001-~oo£ period. Direct
jobs result from a company either relocating or expanding
to our area. Indirect jobs are created in local businesses
that supply goods and services to these new companies.
The estimated annual salaries of these new jobs Wtal more
than $154 million.
One of the year's brightest economic development spots
was the expansion of existing industry. Of the ~,500 new
direct jobs that were announced, 75% came from existing
industry New industry accounted for 680 new jobs. These
new jobs came from all over the region, from Kingsville and
Robstown to Corpus Christi and Padre Island. The Corpus
Christi Regional Economic Development Corporation made
a concentrated effort to work with its existing industry
partners to develop more jobs. Eighteen separate projects
were worked on with local industries during the year
and staff made more than 900 visits to these companies.
Another highlight of the year was the significant economic
investment made in the region. In eOOl-eOOe, more than
$~.6 million was invested in our region by 14 different
organizations and firms. More than 77% of the new
investment came from the private sector, a strong signal
that businesses are continuing to look to expand in our
area. As noted before, this investment created ~,500 new
direct permanent jobs and it supported another
temporary construction jobs.
3obs Announced
01-02 00-02
2,500
Dlrec:t
3ohs
12,953
ZndLr~ct
Jbbs
5,500
Direct & Indirect Jobs
23,747
Direct & Indirect Jobs
New 3obs Sources
Total of 2,500
New Direct Jobs
New Investment
$222.6 Million
New Investment
6
The Five Year Plan of the Corpus Christi Regional Economic Development Corporation lays out an aggressive marketing
program to bring greater awareness to the Corpus Christi region and generate interest in new development and job
creation. Our marketing efforts rely heavily on building relationships with decision makers to persuade them to make
Corpus Christi a part of their site selection process. Contact with these companies and individuals are broken down into
three categories:
Lead- A lead is simply the name of a company or tmlividual who may have interest in establishing or empanch~g theb'
business in the Corpus Christi region.
Suspect - ~4 suspect is a company or individual that has a need for a new location or e. rpansion and has asked to receive
spedfic information regarding the Corpus Christi region.
Prospect- ~1 prospect is a suspect that has visited the Corpus Christi region.
The Corpus Christi Regional Economic Development Corporation and its economic development partners
developed £01 leads during the ~001-ioog year. From those leads 77 prospects were generated, a very good percentage.
Staff conducted 51 site visits during the year.
Leads & Conversions
Company/ Total Leads Total Prospects Percentage Conversion
Organization Generated Generated from Suspect to Prospect
TDED 31 1 3%
Direct Contact 64 20 31%
Local Referral 22 14 64%
Internal 28 11 39%
Direct Marketing
During the year, the Corpus Christi Regional Economic Development Corporation conducted an intensive Direct
Mail campaign aimed at site selectors, consultants and business development professionals. Over the year, more
than 18,$00 direct mail pieces were generated and mailed. Staff also made more than 8,600 follow-up telephone
calls. These efforts generated 87 quality suspects.
Face-To-Face Visits
Staff made more than 900 face-to-face visits to existing industries and their personnel. The relationships produced
by these visits greatly increased the communication between both parties. More than 78% of the new jobs created in
the region last year came from existing industry.
Public Events
To promote industry in the region lo marketing events were held over the year. A series of Industry Appreciation
Lunches were well received and highly attended. The ~oo1-~00~ honorees at these luncheons were Sam Kane Beef
Processors, SSP/Circle K, Horton Automatics, Southwest Airlines, Valero Refining Corpus Christi and the Corpus
Christi Army Depot. More than 5,600 people attended these functions, presentations and briefings.
Why Projects Were Eliminated
An economic development organization cannot be successful in every endeavor, but it is hnperative for us to understand
why the company decided to eliminate Corpus Christi from its site selection decision process. Although the Corpus
Christi economy has seen unprecedented growth over the past year, the continued uncertainty in the national economy
has resulted in 6e companies placing their relocation and/or expansion plans on hold or canceling them completely.
The lack of funding halted four additional projects. Three companies stated that they would not locate in Corpus
Christi due to the lack of incentives. Nineteen companies eliminated Corpus Christi as a potential site due to its
location, changing market demographics, and/or shifting customer requirements. Finally, sixteen companies could
not find a suitable site or building to meet their needs, which would have allowed them to create meaningful
employment.
Sales Calls
To spread the positive news about Corpus Christi, the Organization's sales team made visits to the major metro areas
of Houston, Austin, San Antonio and Dallas. They visited site selectors, business leaders, those who have ties to Corpus
Christi as well as the home offices of existing companies based in this area.
"Best Practices" Project
When the Corpus Christi Regional Economic Development Corporation was founded, the Organization visited dynamic cities
to learn firsthand the reasons for their economic successes. Taiamerica Management Company was retained to study and
recommend a list of communities of similar size and characteristics for these visits. Taimerica recommended the cities of
Boise (Idaho), Colorado Springs (Colorado), Ft. Colhns (colorado), and Lafayette (Lomsmna). From the study and v~s~ts made to
these cities, Taiamerica developed a "Best Practices" Project report which gives great insight on the common denominators to
economic success shared by all these communities. The report highlights the following conclusions:
Leadership & Common Ground Each of the cities (Boise, Colorado Springs, Ft. Collins and Lafayette) has a
process for melding leadership agendas across institutional lines. The leadership of these communities have found
ways to better communicate with one another and to find a common ground of agreement thus paving the way for
political consensus. Citizens of these cities have come to expect "things to happen" and a "can-do" attitude pervades.
Education Focus Each community has a focus on improved educational achievement from K-16 and on broadened
access to educational opportunities. While each community, except Boise, has distinct institutions for vocational training
and college degrees, the business community supports education at each level. Academia, in turn, relies on the
business community to advise it on curriculum and training needs.
Strategy Each community has a formal economic development strateg)~ Each has crafted a vision for future
development. The vision has been a collaborative effort of public, private and academic institutions. The common
elements in these strategies are a formal assessment of strengths and weaknesses for economic development, a target
list of industries matched to the community's strengths and an action agenda to implement the strategy.
'~ense of Place" Each community has developed a "sense of place" focused on its downtown that attracts
entertainment and recreational activities that appeal to young educated workers. The sense of place is a critical element
in the quality of life that these communities offer their citizens Festivals and cultural events are part of this ambiance.
Conununities develop their own unique culture based on a celebration of heritage.
World Class Culture Each community has a quality culture built on "world class" standards. Each recognizes that
they compete with world-class cities Like Denver, Dallas and Houston for some projects. Lafayette, Louisiana, for example,
is creating a telecommunications infrastructure where unit costs for data transmission will equal those in Houston, a
community with huge volumes of existing telephone Ixaffic. Boise is headquarters to four Fortune 500 companies, so the
business community provides cultural and recreational opportunities that appeal to big city executives
Workforce Education Each of the communities has a better-educated work, force than Corpus Christi. The tech
centers (Boise, Colorado Springs and Ft. Collins) each have over 50 percent more workers with college educations than
Corpus Christi. Each of the technology leaders has a workforce where nearly 90 percent of workers have a high school
degree, versus just two-thirds in Corpus Christi. The depth of education in the local workforce has been a key element in the
suvcess of these communities.
While the resource base and geographic locations of each of these four communities is vastly different, the values placed on
education, community Mvolvement, and leadership collaboration are identical. The defining characteristic of each is that private,
public, and scholastic leaders all work on a common agenda of issues to make their communities more competitive in the global
economy. This is the defining characteristic of communities with world-class growth.
www,ccredc,com
The Corpus Christi Regional Economic Development Corporation web page received $'~, 6£7 visits during the year, and 1,056
international visitors. The Spanish language version of the site was visited by ~,9:~8 visitorg The organization's website has proven
itself to be an effective clearinghouse for those wanting to do business in the Corpus Christi region. The site has been selected
as the Website Of The Year by the International Economic Development Council for a program located in a large city.
Compass Awards
The Compass Awards are given every year by the Corpus Christi Regional Economic Development Corporation to recognize
the year's leading companies in economic development. These stars are helping us all realize a brighter future.
~001-~00~ winners: Circle K/SSP, ~Tex-Wave Industries, Flint Hills, Western Steel, Berry Contracting, APAC, Greenwood Doors,
Graduate Loan Services, TransAmerica Adjusters, Christus Spohn Health Systems, The Boeing Company, Gulf Marine
Fabricators, Combex Westhem LLC and Sikorsky, Special Honors: Berry Contracting-Largest Number of New Jobs and
Flint Hills-Largest New Investment.
The Corpus Christi Regional Economic Development
Corporation is funded by both public and private sources. For
the ~001-~00~ reporting period, 68% of our funding came from
public entities while the remaining 82% came from the private
sector, for a total of $1,109,000.
The results indicate this was an excellent investment. Not only
were an estimated 5,500 new jobs created, the Organization and
its development partners helped secure some $~2 million in new
spending in our community. The resulting economic activity generated
an estimated ST,? 14,818 in additional revenue for area cities,
communities, school districts and special taxing districts.
Corpus Christi Regional
Economic Development
Corporation Funding
32%
Private
Total Funding
$1,109,000
Additional
Public Revenue
Return on the Community's Investment
in the Corpus Christi Regional Economic
Development Corporation
Total funding ............................... $1,1o9,ooo
Estimated additional public revenue projections....$7,71~,818
Rate of return on the commtmiW's investment ....... 696%
Cost-Benefit Ratio ............................. 1 to 6.96
New Tax Collections
$7,714,818
This information is from an economic impact analysis peqformed by
Impact Data$ource. Based in Austin, Texas, Impact Data~ource is the
state's leading economt~ consultt~g research analyst) group.
Highlights
By any measurement, few economic development organizations have ever had a more successful first two years. As Jerry Walker,
President, Impact Data Source quotes in their report, The Annual Economic Impact of the Coffl~us Christi Regional EamOrmc
Dew~ Co~wration . . .
"The quali~y and intensi~y of industrial growth investment in the Corpus Christi area over
the past year is more than impressive, it is remarkable."
Here are a few of the highlights of the Organization in its first two years of operation:
3obs & Investments
~$,7~7 new direct and indirect jobs created
$7z~8,8~,~17 new direct and indirect salaries
$589,985,88~ additional annual taxable sales in area businesses
$1,6c~5,690,000 commerffual and residential property added to local tax roles
$1,588,665,000 total new investments by tll organizations and companies
Five Year Goals
2000-2005
Accomplished 00-02
Flew Prospects
New Suspects ~ ~7%
GOAL
300
800
Rate of Return
$1,999,000 invested by community in the Organization since August l, ~000
$53,898,4016 estimated additional annual public revenue projections
· ,671% Rate of Return on the communitfs investment
1 to ~6.71 Cost-Benefit ratio
e~,~ ~ ~ 2,5oo
Industry VL~its
Total New 3obs ~ 25,000
The numbers are impressive. But results can also be measured in other ways. Over the past year the Corpus Christi Regional
Economic Development Corporation's aggressive marketing program has gained tremendous momentum. This momentum will
help our region realize even greater economic successes in the future. The building of positive working relationships, not only
with site selection professionals, but with our local industry partners, has fueled this momentum.
"Corpus Christi is changing faster than we'd imagined."
-San Antonio Express News
~ Co~usC~?ist~
Ronald Kitchens, CED, Presiden~CEO
One Shoreline Plaza, 800 North Shoreline, Suite 1300 South, Corpus Christi, Texas 78401 Phone 361-882-7448 Fax 361-882-9930
www.ccred¢,com
19
NO ATTACHMENT FOR THIS ITEM
20
AGENDA MEMORANDUM
DATE: September 10, 2002
SUBJECT: Bayfest 2002 Festival Street Closings
AGENDA ITEM: Motion approving the application from Bayfest, Inc. to temporarily close the
following street sections for the Bayfest 2002, September 27 - September 29, 2002
Northbound Shoreline Boulevard (inside lane only), from the north dght of way of Power
Street median crossover (exclusive of the median crossover at Power Street) to Hughes
Street, beginning at 9:00 am, Wednesday, September 18, 2002 through 5:00 pm, Friday,
September 20, 2002 and from 6:00 am, Monday, September 30, 2002 through 5:00 pm,
Wednesday, October 2, 2002;
Southbound Shoreline Boulevard (full closure), from the south right-of-way of Hughes Street
to the north right-of-way of Power Street, beginning at 9:00 am., Wednesday, September
18 through 5:00 pm, Wednesday, October 2, 2002;
Northbound Shoreline Boulevard, (full closure), between north right-of-way line of Power
Street and the north right-of-way of Hughes Street, from 2:00 pm, Friday, September 27
through 6:00 am Monday, September 30, 2002;
North Water Street (full closure), between Fitzgerald Street and Hughes Street from 8:00
am, Friday, September 27 through 6:00 am, Monday, September 30, 2002;
Palo Alto Street, Fitzgerald Street, Resaca Street and Hughes Street (full closures to
through traffic) each between Water Street and Shoreline Boulevard, from 8:00 am, Friday,
September 27 through 6:00 am., Monday, September 30, 2002.
ISSUE: The Bayfest 2002 festival necessitates the temporary closure of several public streets
between Interstate 37 and the Convention Center. The event Co-Chairpersons for this year's
event, Ms. Ashley Chesney and Ms. Veronica Maxwell, have requested the same street closures
previously approved by the City Council for prior year Bayfest festivals, with adjustments on
Shoreline Boulevard between Interstate 37 and Power Street to accommodate access to the U. S.
Federal Courthouse.
REQUIRED COUNCIL ACTION: Street closing permits for large public events require City Council
approval.
RECOMMENDATION: Approval of the motion as presented.
1. Background Information
2. Exhibit t - Site Maps (Partial Closure)
Exhibit 1-A -(Partial and Full Closure)
3. Exhibit 2 - Street Closfng Application
4. Exhibit 3 - Bayfest Lease Agreement
Bayfest 2002 Festival Street Closings
Page 1 of 2
~.'Angel R. Escobar, P.E.
Director of Engineering Services
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
BACKGROUND:
Prior Council Action; Since 1975, the City Council has annually approved street closure
applications by Bayfest. Inc. to conduct its festivities upon public streets in the bayfront area. Year
before last, (February 16, 2000), the Council approved a new five year lease agreement (Exhibit
3) Bayfest, Inc. imposing terms and covenants not included in the provisions for public event street
closing permits (Sections 49-15 through 49-18).
Background Informatiorl; Ms. Ashley Chesney and Ms. Veronica Maxwell, Co-Chairpersons of
Bayfest, Inc., have requested temporary street closures for the 27th annual Bayfest event. Bayfest
2002 festivities will occur on September 27 - 29, 2002. Bayfest, Inc. has agreed to comply with the
applicable city code requirements for this type event and has received approval from 100% of all
property owners abutting the street sections requested for temporary closure.
Lease Agreement and Reimbursements to City.: The Bayfest 2002 Festival is covered under a
five year lease agreement between the City and Bayfest, Inc. (Exhibit 3) Under the terms of this
agreement, Bayfest, inc. is permitted use of sidewalks, medians and the seawall along Shoreline
Boulevard, as well as the Bayfront Arts and Science Park and the Barge Dock. Also, under the Use
Agreement, Bayfest, Inc., is allowed to charge an admission fee. $7.00 for all persons above the
age of twelve (12) years; $1.00 for children between the ages of seven (7) and twelve (12) years.
$2.00 for senior citizens, (FREE on Saturday, between 12 Noon and 5:00 p.m.) No fee for children
six (6) years and under.
The current agreement provides that Bayfest pay a one-time $250 permit fee and 100% of the cost
of City services for event support, except that in year 2001 only, Ba.vfest will pay 50% of all Police
Department overtime cost.~. The City of Corpus Chdsti was reimbursed $32,250.97for actual
support provided during Bayfest, 2001.
Street Closings and Detours: Street closings for the Bayfest event are necessary to allow the set-
up of booths, stages, and other facilities located within the median area and street sections. The
total number of days of street closure for the Bayfest 2002 Festival complies with the allotted 4
days of exclusive use and 21 days of non-exclusive use of the specified premises under the current
agreement. Special detour signage will be provided to guide motorists to businesses fronting the
closing section of Shoreline Boulevard and to the tourist-related facilities in the Bayfront Arts &
Science Park. Traffic signal operations at the intersections of IH 37 with Mesquite, Chaparral,
Water and Shoreline Boulevard are adjusted to accommodate the normal traffic patterns associated
with Bayfest events.
Effect on Ba_vfront Arts & Science Park Functions: Staff has discussed the proposed street
closings with management of the Convention Center. There are no large events scheduled at the
Convention Center during the same time period of the Bayfest festival street closing. The usual
special signage will be provided to direct motorists to other Bayfront Arts & Science Park attractions
via Chaparral Street.
Bayfest '2002 Festival Street Closings
Page 2 of 2
~ PROPOSED
CLOSINGS
EX]'IIBIT '1'
I___SE LOCATION FvIAP
CT: BAYFEST 2002 FESTIVAL
TEMPORARY STREET CLOSINGS (PARTIAL CLOSURE) Trafflo Engineering Div.
Engineering Services Dept.
OLOSINGI8
i~ SUBJECT: BAYFEST 2002 FESTIVAL
TEMPORARY STREET CLOSINGS (FULL CLOSURE)
~..--
EXHIBn' 'I-A'
LOCATION MAP
Trafflo Engineering Div.
Engineering 8~rvloes Dept.
EXHIBIT '2'
TRAFFIC ENGINEERING DIVISION
DEPARTMENT OF ENGINEERING SERVICES
CITY OF CORPUS CHRISTI, TEXAS
APPLICATION FOR PERMIT TO CLOSE
STREET FOR PUBLIC EVENTS
.1.
2.
3.
4.
5.
Name of Organization Sponsoring Event:
Name of Proposed Event:
Date of Planned Event:
Bayfest 2002
Ba~fes% Inc.
September 27-29~ 2002
Key Contact Individual: Ashley Chesney or Veronica Maxwell
Phone No. 361-887-08
Street(s) Requested for Closure, Dates and Times of Day ~ DESCRIBE:
Shoreline Bl~d.. North and Southbound, North of Power Street,_ Sections of Hughes,
Resacat Fitz~erald~ and Pale Alto between Shoreline Blvd. and N. Water St.
September 18 to October 2, 2002.
Purpose of Event and Detailed Description of Activities Planned: %o prov$~e a vehicle
for non-profit community ~roups to raise needed funds for their prelect~ and
a family f~m~vm~ ~nr ~,,~h Texas,
List foods and beverages to be served: . A variety of "pick-up" foods. Soft drinks.
non-carbonated drinks, beer and wine products.
Services Requested by the City:
City of Corpus Christi.
See contract between Bayfest, Inc~ and the
10.
Attach a diagram illustrating in detail the location of booths, stages, restrooms, first-aid stations,
etc., that will be included in the event. ** To ]~e Mailed At A Later Date **
Enclose a check or money order for $200 to cover adminiskative costs of handling application,
payable to the City of Corpus Christi (City Ordinance #20463, 9/20/88).
11. Attach an official letter of transmittal requesting approval of the event.
Permit to Close Street
for Public Events
12.
In consideration of obtaining a permit to close a City street for a public event, the applicant or
sponsoring organization agrees to comply with the following applicable conditions:
Admittance to said event shall be free;
All profits derived from the event shall be for charitable causes;
Pay the City four-percent (4%) of the gross receipts derived from event, or reimburse the
City for all costs incurred by the City in support of said event. Accurate financial records
shall be ma~tained an.d payment shall be made to the city within sixty (60) days after the
event ends."r~'~ ~
Provide and maintain an insurance policy with the limits and requirements shown on the
attached Exhibit"A".~-A-'t';~'-:C,~'¢. e/c .~:,,,~,,X.,W,vc.~ ~,, ~x: p/~,,v:4¢,O '
Completion of Indemnification Agreement;
Provision of a traffic control plan for event, to be coordinated with the Traffic Engineering
Division and Police Department. The City shall be reimbursed for its installation of all traff~c
signage and barricading determined by the City to be necessary for safe control of the
event.
G** Written approval for the temporary street closure must be obtained from (i) one hundred
(100) percent of the manaqin(] tenants or, if the property is vacant, manaqinq property
owners of the property abutting that portion of the street to be closed to vehicular traffic;
and (ii) for the Downtown Mana.qement District only (bounded by Lower Broadway,
Interstate 37, Shoreline Boulevard (includinq the madna areas, and Kinney Street). ninety
(90%) percent of the manaqinq tenants, or, if the property is vacant, manaqino orooerty
owners of the property abutting that portion of the street to be closed to vehicular traffic.
H. Provide adequate number of restroom facilities to accommodate the anticipated public;
I.* Obtain the appropriate alcohol and food permits required by State and Local authorities,
at least two (2) weeks prior to the event;
J. All security other than perimeter traffic control shall be provided by sponsor; security shall
consist of off-duty City Police officers, or other type security officially approved by the City.
K. All construction of booths, stages, displays, electrical services and plumbing shall comply
with City Codes. The final layout of booths shall be approved by the Director of Parks and
Recreation;
L Provide for potable water within the event site;
M .Provide first-aid stations;
N. Provide continuous cleaning of the site during the event and return it to pre-event condition
after event ends;
O. Restore any damaged City property promptly after event ends;
P. Coordinate all phases of event with appropriate City departments to insure a safe and
successful event;
Q. Vehicles shall be prohibited from parking on grass areas within the street right-of-way;
R. No obliteration or defacing of the street surface or sidewalk; except by chalk markings;
S. All City Noise Abatement Ordinances shall be complied with;
T. Allow for the free passage of emergency vehicles into event area in case of emergency;
U. '~m~3L~-y~.. , ,u~ will ~ul be ~,~,,,,;;.;ed.
V. Building and Electrical permits for a temporary promotional event, associated construction
and Certificate of Occupancy are required.
Permit to Close Street
for Public Events
3
Evidence that these conditions have been meet must be presented to the City Traffic
Engineer prior to the request being submitted to the City Council for final approval.
Signed:
Event Chairman/Organizer
Sponsoring organization
EXHIBIT 3
State of Texas §
County of Nueces §
Bayfest Five Year Lease Agreement
Know All By These Presents:
THIS LEASE AGREEMENT is between the City of Corpus Christi, a
Texas home-rule municipal corporation ("City"), acting through its duly designated City
Manager, and Bayfest, Inc. a Texas non-profit corporation, ("Bayfest"}, acting through im
duly designated agent, and in consideration of the covenants contained herein.
1. Definitions.
2.
1999.
eo
g.
ho
City - means the City of Corpus Christi, a Texas home-role municipality.
Bayfest - means Bayfest, Inc., a Texas non-profit corporation.
Bayfest's Agent - means a duly authorized representative of Bayfest, Inc.
Premises - means the site for the Bayfest Event, including parking lots, the
barge dock, etc, as more fully described on the attached and incorporated
Exhibit A.
Event - means the annual festival and related activities sponsored by
Bayfest.
City Manager - means the City's City Manager or his designee.
Park DLrecter - means the City's Director of Park and Recreation or his
designee.
City Trat~c Engineer - means the City's Traffic Engineer or his designoe.
Police Chief- means the City's Police Chief or his designee.
Risk Manager - means the City's Director of Risk Management or His
designee.
City Attomey- means the City's Attorney or his designee.
Projects - The [H-37 Park and Federal Courthouse projects began work in
fall of 1998 and will last for three years or more. The Projects will affect
parking, streets, and Premises identified in this Lenme.
Term. This Lease is for a term of five (5) years, commencing ,
Bayfest will be entitled to non-exclusive use (for purposes of set-up and
take-down) of the Premises for a period of twenty (21) consecutive days annually in
2000, 2001, 2002, 2003, and 2004 and to the exclusive use of said Premises annually for
a period of up to four (4) days within such twenty (21) day period in each of such years,
all during the month of either September or October, provided, however, that Bayfest
may terminate this Lease by giving written notice of cancellation at least nine (9) months
prior to the first day of each twenty (21) day use period. Said use periods are more fully
described in Exhibit "B' incorporated and attached hereto.
bfcntrct-5 years
February 22, 2000
)
3. Premises. City grants to nayfest the privilege of using the following described
City. property to conduct its annual BaytL'st Event:
The sidewalks, medians and seawall, along Shoreline Boulevard between
Interstete Highway 37 and the Bayfront Arts and Science Park: the barge
dock; and the vacant city block bounded by Resaca, Fitzgerald, Chaparral
and Water Streets, said areas being more fully described in Exhibit A (i.e.
"Premises".)
In addition, landscaped areas within the Premises must be protected during
the Event.
If the City develops a "Festival" site during this Lease, Bayfest ngrees, to move the Event
to the new "Festival" site for the next Event conducted after the "Festival" site is open for
events. The Lease will be amended to reflect that the new "Festival" site is now the
Premises for this Lease and that all future Events supported by the "Festival Site" will be
conducted at the "Festival" site during the Lease. If the "Festival" site is not available for
events at least 6 months prior to the date of that yem°s Event, Bayfest may elect to wait
one year to move the Event to the "Festival" site.
Note: This Lease does not include the Bayfront Plaza Convemion Center or parking lots
adjacent to the Convention Center. Use of any of these fncflifies will be covered under a
separate agreement. The street closure process will govern further su~et closures.
4. Premises Revisions. Within the next three years or more, the Projects will
significantly impact and change the Premises and other parts of this Lease. The
Premise~ will need to be reviewed annually in the areas of parking, street closures,
traffic control, barricades, traffic signs, security, fire lanes, and fencing, to
determine whether the Premises are impacted by the Projects and whether Exh/b/t
A needs to be revised by the Park Director and Bayfest.
Requests by Bayfest for use of additional City-owned areas requires prior written
approval from the Park Director. No concession stand, rides or other apparatus connected
with Bayfest may use the grassed or shrubbed areas within the Bayfront Science Park
without prior written permission from both the Convention Center Manager and the Park
Director. Use of thc Water Garden must be approved ennually by Park Director. Tho
Park Director may require written permi.,~tion to be Secured by Bayfest of other temnts,
i.e.'Art Museum of South Texas, Harbor Playhouse, Corpus Christi Museum of 2cience.
end History.
If Exhibit A is rev/sed, a new Exhibit A will be filed with the City Socreuu3' and Park
Director and supersede the existing Exh/bit A. Any new Exhibit A becomes effective
upon its filing with the City Sesremry.
bfcntrct-5 years 2
January 20, 2000
5. Event Layout Diagram. 13ayfest must provide the Park Director a dingram
explnining the final Event layout for nil minted a~tivifies at least two weeks prior to tl~
Event Layout of the Event is subject to the approval of the Pnrk Di~x~tor.
6. Special Event Fee. Bayfest must pay City a one-time Special Event Permit fee
of $250 as per City ordinance.
7. Payment of City Costs. In consideration for the use of City property Bayfest
will pay the City within 60 days after the Event ends ench year the actual cost incurred
for services rende~ including any other City sezwices provided by depaatments other
that1 Park & Reca~.ation and Police.
The Park Director will invoice Bayfest for such costs within twenty.(20) calendar days
after the Event each year. Such invoice will provide an itemized breakdown of thz City
chnrges for services rendered (setup and takedown, Event clean up, stseet sweeping and
repair categories). Upon receipt of written reque~ of Bayfest's Agent, the Park Dheetor
will furnish reasonable supporting documeniatlon of such charges within tell (10)
calendar days. If there is a humcane or other storm event that eilmlnntes the Event or that
reduces attendanee at the Event by more thnn 50~ f~om the prior year's n__n_e-ndance
levels, the City Mnnn5er is delegated the authority to adjust the billing of City's Direct
Costs.
Direct Costs. City's Direct Costs in ~ting with the Event tony include but
not limi~d to:
1. Damages to City prepeny within the Premises as a result of the Event,
which will be billed at the cost of repair. Damages may be repaired by
Bayfest.
2. Costs of labor conu~,-ted for clean up, or additional clean up required by
the Director of relevant City departments, at applicable City rates for the
year billed, see B.1. and Section 22. below. (Bn.~fest will be given the
opportunity to hire and work its own clean-up crew during and after the
Evem.)
3. Costs of Police Officers provided for security, crowd conlrol, traffic
conlrol, and off-site traffic comrol, at applicable city rates for the Pollce
Offieexs assigned. In year 2000, Bayfest 100% of City costs for Event
services and 75% of police overtime. For ali subsequent yeats Bayfest
will be r~ponsible for 100% of aH City Direct Costs, inclndi%~ police
~e.
4. Costs of set-up and takedown, at applicable city rate~ for the ~'mpioyees
assigned for the year billed, see B.2, And B,~. below.
City will provide an annual itemiTed bill of Direct Costs, if any, within 30 days
aider the Event closes. Bayfest will pay City's Direct Costs, if any, as billed
within 30 days after City tenders invoice to Bayfest.
bfcnu'ct-5 year~ 3
January 20, 2000
City Serviees. Payment will be made as set out in Seetion 7 above, for the
following list of actual sen, ices aotually provided by the City at each annual
Event ("City Services") may include:
Provide Pr~mises ground and street trash removal setwices, up to
approxima~ly six (6) trash (brush) trucks and approximately 100 trnsh
barrels, ~s available, for placement in designated areas in and around the
Pr~mses. Bayfest must provide plastic trash bags for the tra~ barrels.
Furnish and tnmsport appro}rimnt~.ly 80 picnic tables, as available, to and
from the Premises, for the Event annually.
Provide Park Construction Crews on~ g-hour day before and after
Event (two days total) annually to trana~rt Bayfeat's property to and from
Bayfest's warehouse; to remove hay and sand from designated Bay/eat
Pmm/se~; and to dispose of used reader tickets.
Costa of hamcade~ signs, cones, etc. furnished and/or transported to the
Pl~'mise$ by City staff(see Section 13).
Other services requested by Bayfest's Agem and provided by City.
8. Annual Plannin~ Meetings. Four months prior to each year's Event the Park
Director, S~r~et Director, Police Chief, and City Traffic Engineer will meet with Bayfeat
representatives to agree on City Services to be provided and discuss the costa of the City
Services for the Event. Bayfest Agent may request additiotml meofing~.
9. Deposit. Bayfest must pay a deposit of $2,000 at least one month in advaa~ of
the Event, made payable to the City. The deposit will be used to reimburse the City for
any costs incurred for trash pick up or removal of any structures or repairs to City
property. If no costs arc incurred and D/rect Costs are paid, the deposit will be returned
to Bayfest within 30 days after the Event.
10. Notice. Not/ce may be given by fax, hand delivery, or certified mail. postage
prepaid, and is deemed received on the day faxed or hand delivered or on the third day
after deposit if sent certified mail. Notice must be rent az follows:
If to City:
If to Lessee:
Director of Park and Recreation
Cit~ of Corpu~
P.O. Box 9~77
Corpus Christi, TX 78469-9277
(512) 880-3474
FAX (512) 880-3864
P.O. Box 1858
Corpuz Chrizti, TX 78403-1858
(512) 887-0868
FAX (512) 887-9773
11. Temporary Street Closures. Upon making application m and receiving
permission from the City each year for the temporary closing of the street to trn~c in
accordance with City ordinances, Bayfest may block off Shoreline Boulevard northbound
and southbound North of IH 37. A portion of the east leg of Shoreline Boulevard will be
bfcntrct-5 years 4
January 20, 2000
kep~ open for conlinuous northbound ~affic flow into the Convem/on Center and Ar~
Museum up until thc first day of the Event. Except as set out in the temporary closure
ordinance, Bayfest must not obstruct or interfere with traffic upon Shoreline Boulevard,
either northbound or southbound at any time. Upon confirmation of street closures by tim
City Council, Bayfest may block off (except to local traffic) the sections of Hughes,
Resaca, Fit~aid, Palo Alto, Power and Belden streets between Shoreline Boulevard
and North Water Street for the purpose of placing support se~ices and equipment
associated with the Event, in accoMance with a site use plan approved by the City Traffic
Engineer and Park Diiv~or.
Bayfest must provide thc City Yra~c Engineer and the Park Director its site plan for thc
Bayfest Event, application for the requested ~h~-et closure, and proof of all afl%cted
property owners' approval of the proposed temporary sUeet closu~ .not later than June
1st annually. All su'eet closm~ on a temporary basis a~ subjoct to th~ X~luir~zents of.'
City Ordinances, Sections 49-15 to 49-15, as may be amended, ami require th~ City
Council to confirm such closures. The decision to confirm the closure of such streets is
within the sole discredon of the City Council acting upon such application at the time
such application is submitted.
12. Parking, Bayfest will piovide par~ing and signagc for people with disabilities
in ClOse pro}fimi~3y' tO the Event entrance and its related a~ivities defined on the Promi.~e$
map (Exhibit A). In addition, Bayfest will provide no more ~hsn $ park/ng pnss~ for
City personnel scheduled to work during the a~mud Event and related ac~/vifies.
13. Barricades, Traffic Signs. Bayfest must provide barricades and traffic si_o~.
required by the City Traffic Engineer that include temporary directional signage to the
nearby attractions/facilities affected by the street closures and traffic circulation around
the Event
Street access to Premises may not be blocked or partially blocked without detour si~nage
and alternate street access. Bayfeat must pay thc cost of additional signage.
14. Signage and Advertising. On Premises signage and advertising proposed for
the Event must receive the Park Director's prior written approval. Bayfest's Agent may
request inflnmhle ndvertising only for Events that receive national television exposur~
which must be p~-approved by the Parle Director prior to being installed.
IS.' Re~ Rooms, Drl. Utn$ .Water and First Aid. Ba. yfe~. must
adequate POrtable rest rooms~ includin~ ~ for people with special needs, and
drinking water for the public as determined by the Park Dit~tor. A first aid station must
also be provided throughout the duration of the Event.
16. Insurance. Bayfast's Agent must furnish to the Risk Manager Commercial
C-enerai Liability insurance for the length of the Event and its related activities pwteeting
against liability to the public. Such insurance must have at a minimum, policy limits of
$1,000,000 Combined Single Limit per occurrence for pel~onal injury, death, and
bfcntrot-5 years
January 20, 2000
property damage. Bayfest and its volunteers, conuactots and subconuuctors drivin$ on
the Prem/ses must have automobile liability insurance, which covers all owned and non-
owned automobiles on Premises with at least the statutory bodily injury $20,000 per
person. $40,000 per occurrence. $15,000 properv/damage limits. Bayfest's conuactors
and subconuactors that deliver ten~s, temporary slru~ures, stages, bleachers, and other
large items utilized for ~he Event must have owned and non-owned automobile insurance
with at least a $500,000 combin~i single ling;. Bayfest must also furnish insurance in
the form of an accident policy for volumeers with minimum limits of $10,000 for death
or dism~nbennm end limlt~ of $5,000 for medical expenses. If alcohol is served at any
of Bayfest's Events on Pr~mises then Liquor Liability insurance in the amount of
$1,000,000 combined single limit must be provickxi by the entity serving the alcohol.
The City must be named as an Additional Insured on all liability policies. Bayfest must
furnish the Certificates of Insurance in at least the above milalm~'ll amounts to the (~ity'S
Risk Manager two weeks prior to the non-exclusive us~ period each year.
Bayfest must require all volumeera to sign an accident waiver form that Bayfest must
keep on file. The City Attorney will approve the form. In the event of accidents of any
kind, Bayfest must furnish the Risk Manager with copies of all repons of such accidents
at the same time that the repons are forwarded to any other interested parties.
In addition, Bayfest must pmvid~ copies of all insurance policies to the City Altomey
upon City Manager's written reques',. Said insurance must not be canceled, non-mucwed
or materially changed without 30 days prior written notice to the Park Director. The Risk
Manager may iucl~ase the limits of insurance upon two (2) months written notice to
Bayfes~.
17. Indemnity: Bayfest must indemnhry and hold City, its officers, agents and
employees ("lndemnitees') harmless of, from, and against all claim, demands,
actions, damages, losses, costs, liabilities, expenses, and judgments recovered from
or asserted against lndemnitees on account of injury or damage to person or
property to the extent any such damge or injury may be incident to, arise out of, or
be caused, either proximately or remotely, wholly or in part, by an act or omission,
negligence, or misconduct on the part of the lndemnitees or on the part of Bayfest or
any of its agents, servants, employees, contractors, patrons, guests, licensees, or
invitees entering upon the Premises pursuant to this Bmyfest, Inc. Five Year Lease to
use the Premises and those portiom of Shoretine and streets that ar~ closed and the
adjacent portiom of the road median and the barge dock to set up and take down,
hold attend, or participate in Bayfest and -__-_-~?.iatod activities, on the premises with
the expr~___-~ or implied invitation or permission of Bayfest, or when any such
injury or damage is the result, proximate or remote, of the violation by lndemnitees,
Bayfest, or any of its agents, servants, employees, contractors, patrons, guests,
licensees, or invitees of any law, ordinance, or governmental order of any kind, or
when any such injury or damage may in any other way arise from or out of the
improvements located on the Premises herein or out of the use or occupancy of the
improvement to the Premises or the Premises itself by [ndemnitees, Bayfest, its
agents, servants, employees, contractors, patrons, guests, licensees, or invitees.
bfcntrct-5 years 6
January 20, 2000
These terms of indemnification are effective whether such injury or damage tony
ruuit from the sole negligence, contributory nelligence, or concurrent negligence of
lndemnitees, and in all cases where [ndemnitees actions are directly related to the
Event, but not ff such damage or injury ruuits from gross negflgence or wiilrai
misconduct of Indemnitees.
Ba)'fest covenants and agrou that if City is made a party to any litigation against
Bayfest or in any flflgntion commenced by may party, other than Bayfest rehting to
this Bayfest Five Year Line, Bayfest shall defend City upon receipt of reasonable
notice regarding commencement of such litigation.
18. Safety Hazards. Bayfest, upon written notice of identified safety hazards by
thc Police Chief, Fire Chief, Park Director or Risk Manager, must correct the safety
b.~,xl, within six hours or such other time frame as is included in the written notice of
safety
19, Damages to City Property. City will provide Bayfest's Agent a panchlist of
damage to City property de£med in the Premises within 2 days after the close of the Event
annually. Bay/est will restore all items on the punchli~ within 3 days al~er receipt of the
punchlist. If Bay/est fails to r~tore all items on the punchli~t, Park Di~ctor ma), do so
and invoice Bay/est for D/rect Costs, as set out in Section 7 above.
Bayfest or its agent must fill and compact all holes in grassy a~as ~.ae by Bayfest or
any entity or person participating in the Event. Park Director must approve fill
Any subsidence w/thin the Premises must be additionally filled by Bay/est or its agent
until no subsidence occurs.
20. Pavemen~ Curbs, Sidewalks. Seawall Any work which involves holes or
other changes in the pavement, curbs, sidewalks, or seawall, requires the prior written
approval by City's Director of Engineering Services, provided however, that no such
approval will be given if such work will require subsequent repairs by the City.
21. Permits. Bayfest must rcquise all vendors to obtain and comply with
appropriate pcmfits, including pennits from the Alcoholic Beverage Commi~ion for the
sale of alcohol, from the City for consumption and sale of alcoholic beverages on p~k
land, and must comply with all requirements of thc City-Cotmty Health Depaament for
thc sale of foods nnd the protection of the public welfare. Bayfest's Agent will notify the
Park Director of any special conditions imposed by any permitting agency. An)' vendor
that sells alcoholic beverages must furnish proof of Liquor Liability lnsursncc in the
same .mounts set out in Seetion 16. Said Certificate of Insurance must be furnished to
the Risk M,-%aer at feast two weeks prior to the starting date of the Event annually.
Other permits Bay/est must obtain are a S~cet Closu~ P~,...it from Traffic Engineering,
a Temporary Promotional Event Permit from Building Inspection and Fi~works Permits
from the Fire Depa~h.ent and any permits required by the Coast Guard for water events.
bfcntrct-5 years 7
January 20, 2000
Bayfest's Agent will noti~ the Park Director of any special conditions imposed by any
permitting agency.
22. Cleanup. Bayfest must require all food and beverage vendors to clean a
designated zone adjacent to their respective booths at regularly scheduled inten'a~
Bayfest may designate the zone, but it will not be less than 10-feet by 20-feet in the
immediate area around each food and beverage booth. The clean up will be hourly and
immediately alter closing the Event each day. AU trash cieened up must be properly
deposited in a trash bag provided by Bayfest and taken to a location desi~rmt~l by
Bayfnst. Bayfest may hire and work its own clean-up crew during and after the Event. If
the Park Director determines that additional c|esn-up is necessc~, he will give Bayfest's
Agent 2 hours notice to increase services and if it is still un.satisfactory Park Director may
authorize use of city workers.
Bayfest must install screens, approved by the Stormwater Superintendent or designee,
across all storm water inlets along Shoreline within the Premises (from the North end of
the barge dock to the East Side of thc intersection of Shoreline and IH 3T). Drainage
must not be blocked. Each year, Bayfest must rmnove the screens within the non-
exclusive use period alter the close of the Event.
23. Consiruetion. The con.muction work for displays and stages must be
conducted in accordance with City building codes and resuictions. Construction that
causes rl~,_es will only be allowed if Bayfest provides the Park Director prior written
assurances that Bayfest will remedy said damages in accordance with Section 19 above
and Park Di~ctor approves such consm~ction in writing.
24. Temporary Buildings. Bayfest must receive prior written approval from the
Park Director to place any temporary buildings on the grounds of the, Premises.
Otherwise all temporary buildings moved onto Premises for the Event must be placed and
remain on traucrs to promote expeditious removal. AH such buildings must be removed
within the non-exclusive use time period.
25. Electrical & Water Services. Electrical and water semce is not provided on
the premi_e, es. A Temporary Promotional Event Permit from the City Building Inspection
Department is rgquired in order to install eleclrical sereice for th~_ Event Further, a
Cetlificate of Occtlpnncy which involves ilkqp~Mol~, must be com?loted by the proper
inspector to have all temporary services, such as, food, electrical, plumbing, tents, nnd
~. ~ It is tho re~nsibility of Bayfest to ~ each inspector for an
appoimment to ~ end get app~u~ti for each temporary service before the Event
begins. Park Director will provide access to water from Park water faciliiies.
26. Permissible Vendor .L~.cation Markings. No paint or semi-pem~n,.ent
markings will be l~...itted which in any way obliterate or deface any pavement mintings
or si.ohs heretofore existing for the guidance of motor vehicles or l:~destrjnn-~. Chalk or
tape markings may be used to pre-mark locations on the sidewalk or street. (Painted
markings of any type will only be permitted in grassy areas).
bfcntret-5 ye, ara 8
January 20, 2000
27. Dispute Resolution. City and Bayfest agr~ that any disputes which may arise.
between them concerning this Lease. such as determininS the amount of damagc to City
property occurring as a result of thc Event, will be submitted for determin,~tlon and
resolution, first to the Park Director, with a right to appeal to the City Manager. The
decision of the City Manager will be f-mai, unless that decision is apl~aled to the City
Council by giving written notice of appeal to the City Secreta~ within ten (10) days after
the written decision of the City Manager has been sent to Bayfest. In the event of such
appeal, the decision of the City Council will be final. This Lease in no way waives
Bayfest's rights to seek other legal remedies during the appeals process.
28. Fire Lanes. Bayfes~'s Agent must at all time during the Event and the
non-exclusive use period, maintain ftre lanes upon the Premises as may be desi?nted by
City's FLr~ Chief. The fire lanes must be kept clear of aH obslructiom.
Bayf'est must, at all times it is in exclusive use of the Pr~mises, provide driveway access
for trucks and emergency equipment to the service enu-ance of the Convention Center, the
Art Museum of South Texas, the Corpus Christi Museum of Science and History, and the
Corps of Engineers by keeping such driveways open and unoccupied by slsuctures or
automotive equipment.
29. Assignment. Bayfcs~ may not assign or tlmnsfef lhis Lease nor sublease the
whole or any part of the Premises or make any alteration therein without the prior written
consent of the City.
30. Breach, Termination. Any failure on the part of Bayfest to perform any oftbe
covenants contained in this Lease, or any breach of any covenant or condition by Bayfest
entities City to terminnte this Lease without notice or demand of any kind, not
witl~tanding any license issued by City and no forbearance by City of any prior breach
by BaYfest is a waiver by or estoppel against City. In case of any such termination City
is entitled to retain any sums of money theretofore pnid by Bayfest and such sums intLr~
to the benefit of City as a sct-off a~alnst any debt or liability of Bayfest to City otherwise
accrued by br~ach ber~of.
31. Right of Bayfest to Use Public Streets. Bayfest nc. knowledges that the conu'ol
and use of public streets is declared to be inalienable by the City und except for the use
privilege gnnm~ hm'ein, this Lease does not confer an)' right, tide, or interest in the
public property described herein. The privilese to usc the City property ~aaved hem~in is
mbject to the approval of the City Council as requi~d by ordinance and the compliance
by Bayfest with the terms and conditions contained within this Lease.
32. Not Partnership or Joint Venture. This Lease may not be construed or
deemed by the parties hereto as a partnership, joint venture, or such other relationship
which requires the City to cosponsor or incur any liability, expense, or responsibility for
the conduct of the Event or associated activities. Payments received ~rom Bayfest by the
bfcnu'ct-5 years 9
January 20, 2000
City are compensation for provision of City services as described herein and for the right
of Bayfest to use public property for the limited purpose described hemi~
33. City Services Subject to Approprintion. Bayfest reco~;-,-~ that the services
provided by the City pursunnt to this Lease ate subject to the City's annual budget
approval and appropriation. The continuation of any contract after the close of any risc. al
yenr of the City, which fiscal .year ends on .fuly 31 of each year, is subject to
appropriations and budget approval. The City does not represent that the expenditures
required by the City for the provision of servicns required by this Lense will be adopmd
by future City Councils, said determinntion being within the sole discretion of the City
Council at the time of adoption of each fiscal year budget
34. Compliance with Laws. Bayfest must comply with ail applicable federal,
state, and local laws and regulations, including without limltntlon compliance
Americans with Disabilities Act requirements, all nt Bayfest's sole expense and cost.
35. Non. discrimination. Bayfest warrants that they are and will continue to be an
Equal Opportunity Employer and hereby covenants that no employee, pnrtinipant, invitee,
or spectator will be discriminated a~nln~ begs. use of r~ce, greed, sex, handicap, color, or
nntional origin.
36. Fenc~ Bayfest may provide a temporary six-foot (6') chain link fence, with
gates for access, as shown on Exhibit C, attached and incorporated. Th~ fence will belp
improve security, crowd control, litter control, and keep bicycles, skateboards, ~,
and personal coolers out of the Event area. 1/Ixhibit C may be revised to enlarge or
decrease the fenced area in accordance with Bayfest's needs upon Park Director's
concurrence. If Exhibit C is revised, a new Exhibit C will be llled with the City
Secretary and supersede the existing Exhibit C. Any new Exhibit C becomes effective
upon its filing with the City Secreucry.
37. Admission Fee. Ba.vfest may chargn an Admission fee. Special events
connected with Bayfest may charge another fee to help defray the cost of entertalnmant.
38. Security. Bayfest must provide uniformed Security Officers during the Event,
and .a~r the Event closes each night until it opens the next day. Bayfest will assign the
Security Officers duties. Security Officer means sworn peace officers directly paid by
Bayfest. Provided, however, that the Police Chief may c[~e~nln~ that a ~ecurity guam.
service will provide adequam security for the Event, or portions of the Event. ff the
Police Chief allows a security guard service to p, ovide security, the term "Security
Officer" will include a licensed security guard as well as a sworn peace officer.
If the City's Police Chief determines it is necessav/, he will asiign Police Officers to
provide off-site crowd and traffic conlrol including cross walks and intersections within
one-half mile of Event site, as needed, and include costs of police officers in the Direct
Costs per Section 7 above. Thc Police Officers will be assigned duty stations by the
Police Chief, or designee.
bfcntrct-5 years 10
January 20, 2000
39. Publleation. Bayfest agrees to pay the costs of newspaper publication of this
Lease and related ordinance as requ/red by the City Charter.
40. Kntirety Clause. This Lease Ag~ement and the incorporated and attached
exhibits constitute the entire Lease Agreement between the City and Bayfest for the use
granted. All other Lense Agreements, promises, and representations, unless conmined in
the Lease Agz~n~ent, ~,z expressly revoked, a~ the parties intend to provid~ for a
complete undewtanding within the provisions of this Lea~e Agreement and its exin'bits, of
the terms, conditions, pwmises, and covennnts relating to Bayfest's operations and the
Premises to be used in the operations. The unenforceability, invalidity, or illegality of
any provision of the Lease Agreement does not render the other provisions
unenfozexable, invalid, or illegal.
Executed in Duplicate Originals on _ i _,' , .
ATTEST: CITY OF CORPUS CHRISTI
By: By:
Legal fora approved on ].~.-.~t,~_/.a.~, A.9~; James R. Bray, Jr., City
Attorney
By:
.-k~on~3allaw~.~'Assistant City Aiton~ley
bfcntrot-5 yearn
January 20, 2000
II
II
EXHIBIT B
BAYFEST
YEAR
NON-EXCLUSIVE
EXCLUSIVE
2000
2001
2002
2003
2OO4
8:00 a.m. Monday, Sept. 18, 2000
through 8:00 p.m. Sunday, Oct..
8, 2000
8:00 a.m. Monday, Sept. 10, 2001
through 8:00 p.m. Sunday, Sept.
30, 2001
8:00 a.m. Monday, Sept. 16. 2002
through 8:00 p.m. Sunday, Oct.
6, 2002
8:00 a.m. Monday, Sept. 15, 2003
through 8:00 p.m. Sunday, Oct.
5, 2003
8:00 a.m. Monday, Sept. 6, 2004
through 8:00 p.m. Sunday, Oct. 26,
2004
12:00 p.m. Thursday, Sept. 28, 2000
through Sunday, Oct. 1, 2000
12:00 p.m. Thumday, Sept. 20, 2001
through Sunday, Sept. 23, 2001
12:00 p.m. Thursday, Sept. 26, 2002
through Sunday, Sept. 29. 2002
12:00 p.m. Thursday, Sept. 25, 2003
through Sunday, Sept. 28. 2003
12 p.m. Thursday, Sept. 16, 2004,
through Sunday, September 19, 2004
bfcntrct-5 years
February 14, 2000
13
SEYfI' B¥:'IY~ F1FRFRfi I.AW FII~ /,)8-23- ! ;
13:43 ;TI. E DFRt~'fi LA~ ~IP,~-.
8-8803~$;# 2/ 2
,EXHIBIT4
The K'teber~ ~ l~rrn
800 Nortk ~ ~nttevard
Sttlt~OO. Non~Ta.~
Corm Cfam~ Tezat 7~101
D~ar ~J. Emenon:
.front aI' t~ Courthom~ to drop oJyf~val.go~n. It t~ oar ~ tl~ w~tt not begtn prtor
to $:$0 p.rm on Friday evening, September 21. 2001, and will end ,.~unday evening the mteland
~ ~t.
Pow, r Street and ~horeline ~ntlevard Co~v.~em t~n~er gtreet and t-~ ~ be ~ ~ 7:~0
a.m. ~. ~21, ~I. ~ ~n~t2p.~ ~,
We wo.uld ~ reque~ a J~mcing plan to protect the ne~y
Wa tlpprez'lat, e yOttr aftentlott to Our needs. ]f yoft have arty t~, pletz~ c~ordact Crinlttwg
lnve~gawr WanUa Price at 0'13) 71a-4~01.
Southem Dtnvtet of Tex~
INDEMNITY AGREEMENT
2-HE STATE OF TEXAS §
:OUNTY OF NUECES §
'KNOW ALL MEN BY THESE PRESENTS
WHEREAS, Section III of said standards, entitled Procedure and Permit Reauirements,
· equires a contractor for a permit to close or block any part ora roadway to file a statement with the
lirector of Engineering Services Traffic Engineering division indemnifying the City against all
:laims or causes of action by reason of or arising from the closing or blocking of the roadway
~ursuant to a permit issued by the City.
Now, therefore, in consideration for the issuance of a permit to the undersigned by the City
~f Corpus ChristL for the purpose of barricading, blocking or closing a street, alley or other public
ight-of-way in said City. said permit applicant agrees to indemnify, and save harmless and defend
!ae City of Corpus Christi. its agents and employees from any and all claims, lawsuits, demands.
iabilities, losses or expenses, including court costs and reasonable attorney's fees, for or on account
,fany injury to any person, or any death at any time resulting from such injury, or any damages to
:ny property, which arise or may be alleged to have arisen directly or indirectly, as a result of the
granting of this permit.
The Contractor. during the term of operations specified in this Public Right-of-Way Blockage
~ermit. ~vill provide and maintain at the Contractor's expense a Commercial General Liability
nsurance policy with the limits and requirements shown on the attached and incorporated Exhibit
· ~". The City of Corpus Ctu-isti must be named as Additional Insured on the policy. Evidence of
equired insurance coverage will be by a Certificate of Insurance furnished to the Director of
ingineering Services Traffic Engineering Division prior to the proposed blockage under this permit.
Vitness my (our) hand{s) this
INSURANCE REO~MENTS
EXHIBIT
PERMITTEE'S LIABILITY INSURANCE
Permittee must not commence work under this agreement until he/she has obtained all insurance
required herein and such insurance has been approved by the City. Nor may Permittee allow any
subcod/actor to commence work until all similar insurance required of the subcontractor has been so
obtained.
Permirtee must furnish to the City's Risk Manager 2 copies of Certificates of Insurance, with the City
named as an additional insured for all liability policies, and a blanket waiver of subrogation on
all applicable polic/es showing the following minimum coverage by an insurance company(s) acceptable
to the City's Risk Manager.
TYPE OF INSURANCE
30-Day Notice of Cancellation requi~d on ali certificates
Comm~i~l Gem~l Liability
I. Commercial Form
2. Pt~,mJses - Operations
3. Products Completed operations
4.. ConU~otunl Insurance
5. Broad Fo~ Property. Damage
6. Independent Con~'~rs
7. Personal Injury
AUTOMOBILE LIABILITY--OWNED NON-OWNED
OR RENTED
WORKERS' COMPENSATION
EMPLOYERS' LIABILITY
MINIMUM INSURANCE COVERAGE
Bodily Injury and Property Damage
$1,000,000 COMBINED SINGLE L1M/T for large events
$500,000 COMBINED SINGLE LIMT for small evems
$500.000 COMBINED SINGLE LIMIT
WHICH COMPLIES WITH THE TEXAS WORKERS'
COMPENSATION ACT AND PARAGRAPH II OF THIS
EXHIBIT
In the event of accidents of any kind, Permittee must furnish the Risk Manager with copies of all
reports of such accidents at the same time that the reports are forwarded to any other interested parties.
II. ADDITIONAL REOUIREMENTS
Permittee must obtain workers' compensation coverage through a licensed insurance company or
through serf-insurance obtained in accordance with Texas law. If such coverage is obtained through
a licensed company, the coai~a~ for coverage must be written on a policy and endorsements approved
by the Texas Department of Insurance.
Whether workers' compensation coverage is provided through a licensed insurance company or
through self-insurance, the coverage provided must be in an amount sufficient to assure that all
workers' compensation obligations incurred by Permittee will be promptly met.
Certificate of Insurance:
The City of Corpus Christi must be named as an additional insured on the liability
coverage, except for the Workers' Compensation coverage and a blanket waiver of subrogation
on all applicable policies.
ffyour insurance company uses the standard ACORD form, the cancellation clause (bottom
fight) must be amended by adding the wording "changed or" between "be" and "canceled",
and deleting the words, "endeavor to", and deleting the wording after "let¥'.
* The name of the project must be listed under "Description of Operations"
* At a minimum, a 30-day written notice of change or cancellation is required.
If the Certificate oflmurance does not show on its face the existence of the coverage required
by items 1.B (1)-(8), an authorized representative of the insurance company must include a
letter specifically stating whether items 1 .B. (1)-(8) are included or excluded.
III. A completed Disclosure of Interest must be submitted with your proposal.
Street Closure insurance requirements
9-5-00 op Risk Mgmt.
21
CITY COUNCIL
AGENDA MEMORANDUM
September 17, 2002
AGENDA ITEM: Resolution authorizing the City Manager or his designee to
execute an electric supply agreement pursuant to the contract to be signed by South
Texas Aggregation Project, Inc. (STAP) for deliveries of electricity effective January
1,20O3.
ISSUE: At its August meeting, the STAP Board of Directors (of which the City of
Corpus Christi is a member) authorized negotiations for a 2003 electric power supply
contract with the current Retail Electric Provider (REP) serving STAP's load in 2002
(First Choice). STAP expects First Choice to offer an even lower price than
specified in the 2002 contract, as well as resolve remaining billing problems. Still,
STAP representatives continue to meet with other REPs to ensure competitive
prices, and will be prepared to turn to another REP should First Choice fail to meet
expectations.
While First Choice has had some billing problems, all REPs are experiencing
similar problems resulting from deregulation. Additionally, First Choice has
committed to an account-by-account verification for STAP members that the Board's
advisors believe is a unique benefit or service in the new competitive marketplace.
Any REP offer is expected to be open for only 24 hours or less because
electricity prices tend to track prices for natural gas, which can be very volatile.
Therefore, STAP member cities will again need to take immediate action to accept
or reject a new contract. Mirroring similar action taken by City Council in 2001, the
attached resolution authorizes the City Manager or his designee to ratify the 2003
contract between STAP and its approved REP.
CONCLUSION AND RECOMMENDATION: Approval of the attached Resolution
as presented.
Mark McDaniel
OMB, Director
LLOYD, GOSSELINK, BLEVINS, ROCHELLE,
BALDWIN & TOWNSEND, P.C.
ATTORNEYS AT LAW
111 CONGRESS AVENUE
SUITE 1800
AUSTIN, TEXAS 7S701
TELEPHONE (512)322-5800
TELECOPIER (512) 472-0532
TO:
FROM:
DATE:
RE:
STAP Members
Geoffrey M. Gay
August 19, 2002
Update On Billing And Market Matters
Significant STAP News:
1. At last Friday's meeting, the STAP Board accepted commilments made by First
Choice Power IfCP) to: (a) hire an independent auditor to evaluate the accuracy of its billing
system and (b) prodde each STAP member with an account-by-account reconciliation. To the
extent that billed amounts exceed what should have been billed, refunds will be issued.
2. Given FCP's good faith in committing to the Board's demands for proof of the
accuracy of its bills to STAP members, the Board requests that all its members pay the bills
~kom FCP. If you question a particular part of any bill from FCP, at least pay the undisputed
portion. While FCP has committed to several forms of verification, prudent practice would be to
note in the memo portion of a checl sent to FCP for payment of involces, "/lmount disputed
and subject to reconcilintio~ '
3. If you receive bills from both FCP and another provider for the same period of
service, pay the FCP bill and notify your FCP account representative that you expect FCP to
address the problem. Do not pay the redundant in~oiee J~om the ather pco~hler.
4. Despite the fact that the STAP contract prescribes specific action in the event of
bill disputes, FCP has plueed all STAP accounts in a VIP category so that no account will be
subject to diseonneetinn. However, new accounls may be overlooked and sometimes a system
error occurs and an account may be sent a disconnect notice. FCP repxesentaflves have assured
the Board that any disconnect notice to a STAP account is unintended. If you receive such a
notice, please notify your FCP contact as soon as possible.
1831\OOanmo020519gmg 1
5. Tke Board kas given FCP a window of opparluniO~ to win a co~aract ]'or 2005
services. FCP must substantially resolve all billing problems and offer a commodity price less
than the current 3.7~ ~ kwh rate by October I l, 2002. Additionally, the Board has authorized
its attorney and consultants to discuss with other REPs, including Texas Commercial Energy,
doing business in South Texas as Hino Electric, the possibilities for serving STAP load.
6. The Board has approved a model resolution and draft staff report supporting that
resolution so that members will be prepared to sign an agreement for 2003 electrtrc service by the
first week of October, You will receive that material next wcek. Tke Board would appreciate
passage, by eaek STRIP taetaber city, before Septet~ber 30 of a resolution authorizing the city
manager or a designee to sign a 2003 agreement.
Discussion
This memo is intended for encouragement as well as an update on various STAP matters.
The first seven months under eleetre retail competition have been inc~dibly frustrating for all
concerned. All STAP members have experienced some combination of the following problems:
· Accoums not switched to First Choice Power (FCP)
· Double billing by FCP and the previous provider
· Late billing by FCP and adjustments to bills that are nearly impossible
to track
· Bills not consolidated as requested
· Inability to determine saving
· Inaccuracies in billings.
None of these problems are caused by or unique to agg~ation, generally, or STAP specifically.
All of these problems are inherent to the marketplace.
Keep in mind that STAP exists as a reaction to, not an endorsement of, electric retail
competition. STAP was intended to make the best of a bad situation. Competition was adopted
and promoted by Texas politicians who believed in the "justice" of the marketplace and because
it would bring "choice" and not because it would bring efficiency or lower rates.
There is no question in anyone's mind now that ERCOT (the "control room" for the
deregulated market and the entity through which all account switching must occur) was not
p~paxed for competition on January 1, 2002. STAP's consultants and FCP believed late last
year that ERCOT was not prepared to process account switchovers timely, but the politicians and
regulators believed what they wanted to believe from the ERCOT officials who wanted to say
what they knew public officials wanted to hear. No politician listened to those who would be
impacted by the inefficiencies inherent in ERCOT systems and its lack of ln~paredness. Now,
the number one agenda item for the Electric Legislative Oversight Committee is a ~structufing
of ERCOT's system of governance, because switehover and billing problems axe common place
among all providers. A recent survey performed by ERCOT showed that in a sample of 10,000
accounts, 40% had ownership mismatches between ERCOT and various REPs.
1831\0~o020519gmg 2
FCP timely submitted for switching all STAP accounts of which it was aware last
December. A few of those accounts still have not been switched. Additionally, CPL, without
informing anyone, created hundreds of new street lighting accounts last December and since
neither the Cities, STAP consultants nor FCP knew of this situafon, all such accounts were
delayed. There are approximately 14 different handoffs of account information between the new
retail elec~ic provider (REP), the old provider (and incumbent transmission and dislribution
(T&D) provider) and ERCOT before any one account can be switched. Any fumble delays a
switchover and several T&D utilities (including CPL) have been less than prompt in providing
information necessary to complete a switchover.
Just as ERCOT was not prepared to accommodate switch requests, none of the REPs
were px~red for billing in the new environment in which meter reading data had to pass from
the T&D utilily to ERCOT to the REP. The billing systems had been designed for fully
integrated utility systems in a regulated environment. While virtually ail entities that have
moved to the competitive arena have experienced billing problems (yes, even customers who
signed up with the affiliated REP to their T&D provider are experiencing the same problems),
STAP is nonetheless committed to requiring its REP to promptly solve all outslanding billing
problems and then confirm the accuracy of the amounts charged. Cities Aggregation Power
Project (CAPP) Board member Cathy Anderson from Mansfield recently told the CAPP Board
(CAPP is similar to STAP except that it serves North Texas) that the Mansfield School District
signed a contract last year with the affiliated REP of its incumbent provider, TXU, and has yet to
receive a single bill.
First Choice has relied significantly on R. J. Covington Consulting, STAP's consulting
firm, for assistance in resolving billing system errors. As noted in the opening of this memo,
FCP has now committed to au independent audit of its billing system and to reconciliation of
every STAP accoant. The Board believes that those are unique commitments that would not be
available but for STAP's relationship with FCP. A copy of the FCP plan presented to the STAP
Board will be available on R. J. Coving~on's web site, and it may be obtained by calling or
emailing my secretary or paralegal.
FCP has lPd},ffl~ed to the STAP Board its commitment to stay in the Texas market and
grow its business. In that regard, retaining STAP load becomes significant to FCP's corporate
plans. They are in the process of adding new employees to enhance customer services, mad they
are in daily contact with Covington Consulting to work through systems problems and city
specific problems.
The STAP Board has extended to FCP a window of opportunity to win STAP's business
in 2003. FCP has been told that it must substantially solve all billing problems and deliver to the
STAP Board an agreed commodity price for 2003 deliveries below the current contract price. If
those conditions axe met STAP will ~aew with FCP. If those conditions are not met, STAP will
likely release on or about October 14, 2002, a request for proposal to providers believed to be
capable of serving STAP's load. It is believed that the late September through early November
period will provide the best opportunity for locking in prices for 2003 deliveries.
1831\OOknmoO20S19gmg 3
Also, the Board has directed its attorney and consultants to review and assess the abilities
of other REPs, including Texas Commercial Energy, doing business as Hino Electric, to serve
STAP's load.
Electricity prices reflect the volatility of the natural gas market, and we learned last year
that all REPs will only commit to serve a given load at a quoted price for a very narrow time
frame -- usually no more than 24 hours. The STAP Board at its August 16, 2002 meeting
approved a model resolution to be distributed to all members that will address this situation. All
members will be requested to designate a specific individual with authorily to execute an
agreement confimfing the STAP 2003 contract within 24 hours of the STAP Board signing and
recommending a specific contract. The model resolution will be forwarded tomorrow. The
Board requests that the resolutions be passed no later than September 30 and ~turned to STAP's
attorney, Geoffrey Gay.
For those individuals who feel anxious about whether savings are currently being
realized, please take partial comfort in the following:
· The initial decision to proceed with the FCP contract was based on extensive
modeling that should provide greater assurance than the guesses relied upon
by other entrants to the market;
· A number of mistakes have been made in billings because the wrong T&D
rates were billed. Errors will be corrected and reconciled to provide members
the necessary assurance of accuracy. The reconciliation should document
account-by-account savings.
· In the first quarter of 2003 a comprehensive savings analysis will be
performed and savings will be reallocated to members to ensure that all
members save in comparison to the price to beat.
· The price to beat in 2003 will be greater than it is currently, while the STAP
commodily price will likely be lower. Despite frustration, retreating to the
price to beat for 2003 will be counter-productive.
Hopefully, each STAP member will soon become aware that my paralegal has been
directed to c~ll a representative for every member on a monthly basis to check on problem areas.
I intend to continue that effort through the rest of the yeax so that I can be debriefed on problem
areas on a regular basis. However, I continue to urge all members to notify me or R. J.
Covington Consulting, as well as your FCP representative, as soon as you encounter a problem.
And do not hesitate to let us know when you are told something by a FCP rep~sentative that you
question. There have been several occasions where information from FCP representatives has
been wrong. Although, generally speaking, STAP members have been pleased with FCP's
responsiveness and courtesy, there are some new individuals working for REPs who have not
mastered all of the complexities of the deregulated environment.
RightFAX 8/19/2002 7:31 PAGE 7/7 RightYAX
Again, I urge patience in the resolution of problems that axe inherent to the structure the
Legislature created. Remember that the frustration experienced cunently would be gxeatly
exacerbated if your political subdivision attempted to deal with these problems on its own,
without the clout of STAP's combined load and without the jointly sponsored assistance and
advice of STAP's consultants.
Regards.
RESOLUTION
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE
AN ELECTRIC SUPPLY AGREEMENT PURSUANT TO THE CONTRACT
TO BE SIGNED BY SOUTH TEXAS AGGREGATION PROJECT, INC. FOR
DELIVERIES OF ELECTRICITY EFFECTIVE JANUARY 1, 2003
WHEREAS, the City of Corpus Christi, Texas (City) is a member of South Texas
Aggregation project, Inc., (STAP), a nonprofit political subdivision corporation dedicated to
securing electric power for its 42 members in the competitive retail market; and
WHEREAS, STAP negotiated favorable contract terms and a reasonable commodity
price for delivered electricity in 2002 for its members; and
WHEREAS, STAP anticipates preserving current contract terms and achieving
improvement in current commodity prices in a contract for 2003; and
WHEREAS, STAP believes that the pricing opportunity window for favorable 2003
deliveries will be short-lived and that STAP members must be able to commit contractually to
prices within a 24-hour period in order to lock-in favorable prices; and
WHEREAS, experience during 2001-2002 has demonstrated that Retail Electric
Providers demand immediate response to an offer; and
V~q-IEREAS, the deregulated electric market is complex, likely to penalize those unaware
of its constraints and likely to reward those who can improve the size and shape of a particular
load, the City benefits from jointly shared experience and collective purchasing power arranged
through STAP; and
WHEREAS, it is necessary for the City to contract for a supply of electricity in 2003 or
at least partially revert to prices to beat rates (PTB); and
WHEREAS, STAP's current delivered energy prices provide savings when measured
against PTB, and PTB rates likely will be increased before the end of the year.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. The City manager or his designee is hereby authorized to sign an electric
power agreement pursuant to the contract approved and recommended by the STAP Board of
Directors within 24 hours of said approval and recommendation. The contract may be for a 12 to
24 month time frame.
SECTION 2. A copy of the resolution shall be sent to Geoffrey Gay with Lloyd,
Gosselink, Blevins, Rochelle, Baldwin & Townsend at 111 Congress Avenue, Suite 1800,
Austin, Texas, 78701 before September 30, 2002.
ATTEST:
Armando Chapa
City Secretary
APPROVED THIS THE ~1.5 DAY OF
James R. Bray, Jr., City Attomey
Samuel L. Neal, Jr.
Mayor, City of Corpus Christi
2002:
22
CITY COUNCH,
AGENDA MEMORANDUM
September 12, 2002
AGENDA ITEM: Ordinance amending Ordinance 024952, which called a special election on
November 5,2002, to add to the ballot a charter amendment proposed by petition to change the
council/manager system of government to a strong mayor system and a charter amendment
proposed by petition to require an election for leases exceeding five years in the marina area; and
declaring an emergency.
ISSUE: Petitions have been certified by the City Secretary for two charter amendment proposals.
One would create a strong mayor system. The other would require an election to approve leases
of more than five years in the marina area.
Section 52.072 of the Texas Election Code states that "except as otherwise provided by law, the
authority ordering the election shall prescribe the wording of a proposition that is to appear on the
ballot." This vests discretion in the city council to prescribe the ballot language.
Court cases establish that: 1) the council's discretion is limited only by the common law
requirement that the proposition describe the measure with such definiteness and certainty that the
voters are not misled; 2) the full text need not appear on the ballot; 3) the ballot is sufficient if it
identifies the measure and shows its character and purpose; and 4) voters are presumed to be
familiar with the contents ora measure summarized on the ballot. Brown v. Blum, 9 S.W.3d 840,
847 (Tex. App. - Houston [14th Dist.] 1999, writ dism'd w.o.j.).
In Blum, the city was presented with a proposed charter amendment which provided:
The City of Houston shall not discriminate against, or grant preferential treatment to, any
individual or group on the basis of race, sex, color, ethnicity, or national origin in the
operation of public employment and contracting.
The Houston City Council submitted the following ballot language to the voters:
Shall the Charter of the City of Houston be amended to end the use of Affirmative Action
for women and minorities in the operation of City of Houston employment and
contracting, including the current program and any similar programs in the future?
The court held that the city council did not abuse its discretion by prescribing the ballot language.
The "Mayor Council" proposition provides that "The elected mayor shall be chief executive and
administrative officer of the city." Nothing else in the amendment or current charter qualifies this
authority. Without substantial qualification, this would create a Strong Mayor system. It has
been argued that the charter would be amended before 2005 to define the mayor's powers. This,
however, cannot be assumed. There is no certainty that a charter commission and city council
would agree on any amendments, or that voters would approve them if they did. Nor is there any
certainty that such amendments would not simply enumerate the Strong Mayor's powers. The
charter amendment must be judged on what it would mean if passed, without speculative
amendments. In this context it would clearly create a Strong Mayor system. The ballot language
should convey this.
An ordinance is attached which sets the ballot language (Section 3 of the ordinance). The
ordinance is on a one-reading emergency basis because the September 17 Council Meeting is the
last meeting at which an election can be called on the charter amendment proposals. If not held in
November, the election would have to be held next April.
RECOMMENDATION: Approval of the ordinance as submitted.
Armando Chapa
City Secretary
City Attorney
AN ORDINANCE
AMENDING ORDINANCE 024952, WHICH CALLED A SPECIAL
ELECTION ON NOVEMBER 5, 2002, TO ADD TO THE BALLOT A
CHARTER AMENDMENT PROPOSED BY PETITION TO CHANGE
THE COUNCIL/MANAGER SYSTEM OF GOVERNMENT TO A
STRONG MAYOR SYSTEM AND A CHARTER AMENDMENT
PROPOSED BY PETITION TO REQUIRE AN ELECTION FOR LEASES
EXCEEDING FIVE YEARS IN THE MARINA AREA; AND DECLARING
AN EMERGENCY.
WHEREAS, on July 16, 2002, the City Council of the City of Corpus Christi, Texas,
approved Ordinance No. 024952, which called a special election to be held on November 5, 2002,
on the question of whether to authorize a corporation governed by Section 4A of article 5190.6,
Vernon's Texas Civil Statutes, to use a sales and use tax of one-eighth of one percent for projects
authorized by said statute, and on the question of whether to continue the Corpus Christi Crime
Control and Prevention District; and
WHEREAS, subsequently, two separate petitions have been received to amend the City
Charter of the City of Corpus Christi, Texas; and
WHEREAS, the City Council desires to add the charter amendment proposals to the
November 5, 2002 ballot.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. Ordinance No. 024952 is hereby amended by adding a new SECTION 6A
to hereafter read as follows:
SECTION 6A. On July 23, 2002, petitioners delivered to the City Secretary a
petition providing as follows:
PETITION CALLING FOR CITY OF CORPUS CHRISTI
CHARTER AMENDMENT ELECTION ESTABLISHING A
MAYOR COUNCIL FORM OF GOVERNMENT
We, the undersigned registered voters of the City of Corpus Christi, Texas, under
Section 9.004 of the Texas Local Government Code, hereby petition the City
Council to call an election to amend Article I, Section 3 of the City Charter, to be
effective upon completion of the April 2005 City Council Election and to read as
follows:
The municipal government provided by this charter shall be a "Mayor
Council Form of Government." The elected mayor shall be the chief
executive and administrative officer of the city.
On August 6, 2002, the City Secretary certified that the petition contained sufficient
signatures to require an election under Texas Government Code Section 9.004.
SECTION 2. Ordinance No. 024952 is hereby amended by adding a new SECTION 6B
to hereafter read as follows:
SECTION 6B. On August 27, 2002, petitioners delivered to the City Secretary a
petition providing as follows:
PETITION FOR CHARTER AMENDMENT
Corpus Christi City Charter
We, the undersigned, petition for an amendment to the City Charter of
Corpus Christi, Article IX. Public Utilities, Franchises And Leases, Section 2,
Power to Grant Franchise or Lease, to require voter approval for any lease longer
than five years that covers any property located in the Corpus Christi Marina area
or in Cole Park, with the exception of leases to certain non-profit organizations, so
that as amended the second sentence of Section 2(a) shall hereafter read as
follows:
No franchise or lease on any property of the city eastward of the Seawall
that was patented to the city by the State of Texas or in Cole Park shall be
granted, renewed, or extended for a term of more than five years unless
approved by the qualified voters of the city at an election duly called for
such purpose; provided that, such election requirement shall not apply to a
lease to a non-profit organization exempt under Section 501 (c)(3) of the
Internal Revenue Code, as amended.
On September 13, 2002, the City Secretary certified that the petition contained sufficient
signatures to require an election under Texas Government Code Section 9.004.
SECTION 3. Ordinance No. 024952 is hereby amended by adding the following to
SECTION 7 thereof:
PROPOSITION NO. 3
STRONG MAYOR
FOR
AGAINST
Amending the Charter of the City of Corpus Christi to: 1) abolish the Council-Manager form of
government used by the City since 1945, in which the entire council appoints a professional
manager to hire and fire city employees and manage finances and departments; and 2) replace it
with a Strong Mayor form of government, in which the mayor directly hires and fires city
employees and manages finances and departments.
PROPOSITION NO. 4
MARINA LEASES
FOR
AGAINST
Amending the Charter of the City of Corpus Christi to prohibit leases or franchises longer than
five years covering any City property in the Marina area or Cole Park unless first approved by the
voters.
SECTION 4. That upon written request of the Mayor or five Council members, copy
attached, to find and declare an emergency due to the need for immediate action necessary for the
efficient and effective administration of City affairs, such finding of an emergency is made and
declared requiring suspension of the Charter rule as to consideration and voting upon ordinances
at two regular meetings so that this ordinance is passed and shall take effect upon first reading as
an emergency measure this the day of ,2002.
ATTEST:
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
APPROVED THIS THE I ~. DAY OF ~-~-hz~ln~, 2002:
James R. Bray, Jr., City Attorney
Corpus Christi, Texas
day of ,2002
TO THE MEMBERS OF THE CITY coUNcIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists
requiring suspension of the Charter rule as to consideration and voting upon ordinances at two
regular meetings: I/we, therefore, request that you suspend s~id Charter rule and pass this
ordinance finally on the date it is introduced, or at the present meeting of the City Council.
Respectfully,
Respectfully,
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Henry Garrett
Bill Kelly
Rex A. Kinnison
John Longoria
Jesse Noyola
Mark Scott
23
CITY COUNCIL
AGENDA MEMORANDUM
AGENDA ITEM:
Ordinances.
September 17, 2002
Ordinance amending Article V, Chapter 57, Vehicles for Hire, Code of
ISSUE: The City is amend'rog the ordinance in response to numerous complaints regarding the
charging of certain fees and unwarranted towing of vehicles fi.om private and public property.
REQUIRED COUNCIL ACTION: The City Council must approve the revisions to the ordinance.
PREVIOUS COUNCIL ACTION: The ordinance was last revised on 12/21/93 at which time fees
were changed and language modified.
FUNDING: No funding issues are involved.
CONCLUSION AND RECOMMENDATION: Staffrecommends approving the revisions to the
ordinance.
Chief of Police
BACKGROUND INFORMATION
Over the past few months, the City has received numerous complaints regarding the charging of
excessive fees and unwarranted towing of vehicles by area wrecker businesses. The proposed
amendments to the ordinance address the complaints received as well as the proper and safe
functioning of the auto wrecker towing business.
The modifications to the ordinance include changes in language since the last major modifications to
the ordinance were in December, 1993. The major changes to this ordinance are listed below:
1. Expands the definition of"auto wrecker" to include wreckers that tow improperly parked,
repossessed or abandoned motor vehicles.
2. Further defines a "consent tow" to include all tows, not just non-impoundments.
3. Removes exclusion of private property impounds from regulation under the ordinance.
4. Creates new criminal offenses:
* to wrongfully tow a vehicle from private property;
· to tow a vehicle from a public street without consent, or at direction of a police
officer;
· to tow a vehicle from private property that is not properly sign posted;
· to violate any section of the wrecker ordinance.
5. No towing fee may be charged or collected, or if paid, refunded, if a vehicle has been
wrongfully towed.
Requires any wrecker with a business in the city and conducting tows that either start or end
within the city, to obtain a permit. This includes wreckers that only do salvage and/or
repossession tows.
7. Establishes a criminal offense to conduct a non-consent tow within the city limits without a
permit.
8. Revises the permit system, creating a rotation list permit and an auto wrecker permit. This
will provide for the permitting of all companies within the city.
9. Sets permit fees:
· Application fee for auto wrecker permits $100
· Operation fee per wrecker $126
· Application fee for rotation list permits $315
· Operation fee per wrecker $126
10. Provides for Police Department to issue annual permit decals affixed to the driver's window.
1 I. Requires wreckers to paint on their vehicles the sign "DROP FEE $35"
12. Adds probation to possible discipline that may be imposed on a permit holder (now includes
suspension and revocation)
13. Allows a permit to be suspended, revoked, or put on probation for violations of any law,
complaints of deceptive business practices or substantially unreasonable overcharges for
consent tows.
14 Establishes new maximum fees as listed below:
Description Current Recommended
Rotation list tow fee $50 $75
Private Property Impound No cap $85
Drop fee $50 $35
Additional labor $20 $30
Total maximum fee:
Rotation List $95 $130
Private property No cap $140
Wait time $10 $15
Unusual distance fee:
For tow originating from US77/IH37 and from $0 $15
the area within City limits west of US77/IH37
For tow originating from area within City limits $0 $15
north offish Pass to Port Aransas City limits
Large wreckers:
Tow fee $95 $200
Wait time $30 $50
AN ORDINANCE
AMENDING ARTICLE V, CHAPTER 57, VEHICLES FOR HIRE, CODE OF
ORDINANCES, CITY OF CORPUS CHRISTI, BY REVISING THE
PROVISIONS REGARDING AUTO VVRECKERS; PROVIDING FOR
PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR
PUBLICATION.
WHEREAS, The proper and safe functioning of the auto wrecker towing business has a
significant impact on the safety and welfare of the general public since it involves the use of
public streets of the City, often in circumstances necessitating prompt, competent removal of
dangerous traffic obstructions, and providing appropriate services to citizens who can be
slranded in particularly vulnerable positions; and
WHEREAS, The City has the authority granted under state law and 49 U.S.C. Section
14501(c)(2)(A) and (C) to regulate auto wreckers with regard to safety, minimum amounts of
proof of financial responsibility and with regard to pdces charged by auto wreckers in
transporting motor vehicles without the prior consent or authorization of the owner or
operator of the motor vehicle; and
WHEREAS, the authority of a municipality to establish and enforce regulations impacting
auto wreckers and their operations has been upheld by the United States Supreme Court in
City of Columbus v. Ou~s Garage and Wrecker Service, 122 S. Ct. 2226 (2002); and
WHEREAS, The City Council of the City of Corpus Chdsti finds it necessary to enact
regulations providing for the safety of its citizens, financial responsibility requirements for
auto wreckers and pdces for non-consent tows without otherwise regulating the price, route
or service of auto wreckers operating within city limits;
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. Section 57-220, Code of Ordinances, the definitions of auto wrecker, consent
tow, non-consent tow and unauthorized vehicle are revised to read as follows:
Sec. 57-220. Definitions
As used in this article, the following terms shall have the respective meanings ascdbed to
them:
Auto wrecker: Any motor vehicle used or designed for the purpose of towing, carrying,
pushing, or otherwise transporting a disabled, impounded, improperly parked, repossessed,
or abandoned motor vehicle.
Consent tow: Any ~ tow conducted with the permission of, or at the direction
of, the towed vehicle's legal or registered owner, or such owner's authorized representative.
Except as set forth in the definition of "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 authorized
representative =
Non-consent tow: Any impeuRdmeRt tow conducted without the permission or authorization
or ................... cf, the vehicle's legal or registered owner, or --.u~h the owner's
authorized representative, regardless of the vehicle's location or condition. Towing of the
vehicle of a person who has been taken into custody by a law enforcement agency is
considered a non-consent tow. Any impoundment tow from the scene of an accident is
considered a non-consent tow. Towin,q fees shall be charged and paid ~he~a~=h~i~
...,~-v-.,-' ...... '~ Lc*. as set by this-sestieR article. -rr.~o, ,,,~ -.,., ,..,., ,'~'"~;"" ~ ...................... OWS ......
private-property. This definition includes all tows from private property conducted without the
vehicle owner's or representative's consent, ~'-'~ *"~ *'-'-~-' ~ F .... .~. ~ ,~. ...... .
Unauthorized vehicle: A vehicle parked, stored, or located on a parking facility without the
consent of the parking facility owner.
SECTION 2. Section 57-221, Code of Ordinances, is revised to read as follows:
Sec. 57-221. Offenses; Penalty.
(a) A person commits an offense if the person intentionally or knowingly without consent of
the vehicle owner, operator, or authorized representative of the owner tows or causes the
towing of a vehicle from private property, other than an abandoned, junked, ille.qally parked,
trespassin,q, repossessed, or unauthorized vehicle.
(b) A person commits an offense if the person intentionally or knowin,qly tows or causes the
towin,q of a vehicle from any public street, ri,qht-of-way, beach, or public property without the
consent of the vehicle owner or operator, or at the direction of a sworn peace officer acting in
his official capacity.
(c) A person commits an offense if the person intentionally or knowingly tows or causes the
towing of a vehicle as a unauthorized vehicle from a parkin~l facility that is not properly si,qn
posted prohibiting unauthorized vehicles or designating restricted areas in accordance with
the Texas Transportation Code.
(d) A person commits an offense if the person cperc*.ec fcr -w~mp=n$=~c,-, cn =ute wrecker !n
vielatien-ef violates any section of this article. Unless othen~ise stated, a culpable mental
state is not a required element of an offense under this article. An offense under this section
is = C!=c--- C m!cdeme=,-,cr punishable as provided by Section 1-6 of the City of Corpus
Christi Code of Ordinances.
(e) No towin,q fees or chaq:les may be imposed or collected, and if paid, shall be refunded
within five working days, for a tow conducted in violation of this article.
SECTION 3. Section 57-222, Code of Ordinances, is revised to read as follows:
Sec. 57-222. Permit required.
(a) It shall be unlawful for any person, firm, corporation, or partnership with a place of
business within the territorial limits of the City of Corpus Chdsti to ddve or operate, or cause
to be driven or operated, any auto wrecker for the purpose of transPorting a disabled~r
.... r- ....... vehlcl ....... ~ ~,,, ~,,,
departme~ for compensation from any location or to any location within the city limits of the
City of Corpus Chdsfi without first having obtained an~ute-wresker permit issued under the
provisions of this article. Auto wreckers owned and operated by a governmental entity are
exempt.
(b) An auto wrecker owner, agent or employee commits an offense if the auto wrecker
conducts a non-consent tow from any location or to any location within the territorial limits of
the City of Corpus Chdsti and does not hold a permit as issued under this article.
SECTION 4. Section 57-223, Code of Ordinances, is revised to read as follows:
Sec. 57-223. Application, contents, fees.
(a) {Genem//y-jLAny person, firm, corporation, or partnership desiring to operate one (--1-) or
more auto wreckers for compensation in the City cf Cc,'pcs C,",d=5 shall make an original or
renewal application for an auto wrecker permit or an auto wrecker rotation list permit to the
chief of police as follows.
(b) Odginal application.
(1) .... An orit~linal application and renewal application shall contain the name, address,
and current phone number of the all ownem_.
A._~lf the owner of the auto wrecker is a partnership, the application shall contain the
partnership's name, address, and phone numbers and the names, addresses, and
phone numbers of all partners.
B. if 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 corporation.
(2) For an auto wrecker permit, the owner shall list each wrecker the owner wants to
permit and attach a copy of the Texas License Receipt and the Texas Tow Truck
Registration for each wrecker.
(3) For a rotation list permit, the Qowner shall list each wrecker the owner wants to
permit, 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 Registration
for each auto wrecker ~.
(4) Owner shall provide proof of ownership of all auto wreckers listed on the wrecker
permit or rotation list permit issued.
(5) Owner shall provide a current certificate from the county tax assessor-collector that
all City of Corpus Chdsti taxes on all property, real and personal, to be used in
cennection with the owner's auto wrecker business are paid.
(6) For an auto wrecker rotation list permit, the owner Owner shall provide a cepy 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 proposed location from the city
planning department.
(7) Owner shall provide a wdtten statement that he will comply with the provisions of
this article and of all other ordinances, statutes and state laws applicable to motor
vehicles and auto wrecker businesses. Further, that owner will ensure compliance with
said laws by alt his auto wrecker ddvers.
(8) Owner shall provide a ,~ copy of owner's Texas Sales and Use Permit.
(9) A copy of owner's certificate of occupancy at the proposed business location.
(10) For an auto wrecker rotation list permit, the owner Owner shall provide a A cepy of
owner's current Texas Vehicle Storage Facility License. Owners licensed under Texas
Motor Vehicle Commission must also obtain a Texas Vehicle Storage Facility License.
(11) A copy of owner's certificate of insurance, see section 57-232.
{12) A list of all owner's auto wrecker drivers, including each one's name, social
security number, date of birth, ddvers license number and state of license.
(c) Renewal application. Owner shall provide:
(1) Wdtten confirmation of any changes in information supplied by previous application
or renewal.
(2) A current certificate or current receipt marked paid from the county tax assessor-
collector that all city taxes on all property, real and personal, used in connection with
the owner's auto wrecker business are paid.
(3) For an auto wrecker rotation list permit, the owner Owrm~ shall provide a A, copy of
owner's current Texas Vehicle Storage Facility License.
(4) Owner's insurance company shall provide a current certificate 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 RegistratJon!C=_.b C-rd for each new auto wrecker.
(7) A list of all owners' current auto wrecker drivers and required information [see
section 57-223(b)(11)].
(d) Or~qinal Application orrenewal application. The application for an auto wrecker or auto
wrecker rotation list permit ~.~f~sa~or renewal application shall be accompanied by
an application fee of e~4~R~J~ ($100.00). If the application or renewal is denied,
~'~",,,., _v,,_,.'~""~'~ ($50.00) of the fee shall be kept to cover the cost of reviewing the application or
renewal application. If application or renewal is approved, the owner shall pay the permit
fees as provided in section 57-226 ...... ;* ~ ..... '-*;"~ ~? ')')~
(e) Inspection. Upon receipt by the police department of the foregoing information, any
applicable the storage facility and all auto wreckers will be inspected by a police department
representative as soon as practicable in accordance with the provisions of sections 57-224
SECTION 5. Section 57-224 (a) and (h), Code of Ordinances, is revised to read as follows:
Sec. 57-224. Application and certification.
(a) The chief of police or the police chief's desi!:lnee shall review each auto wrecker permit
application and each auto wrecker rotation list permit application for compliance with this
article, and he shall inspect and certify each listed auto wrecker, business location, and
storage facility for rotation list permits if each listed auto wrecker meets the requirements of a
rotation list Category A or Category B auto wrecker, and if the business location and storage
facility are acceptable and propedy zoned.
(b) (2) Be equipped with a power winch, winch line, and boom, with a factory-rated lifting
capacity of not less than ei~ht4heusand~*8,000) pounds, single-line capacity. If a hydraulic
Iwheel lift is installed, it must have a factory-rated capacity of not less than twe-thoasamt~ive
hur.'J;c__. ,~2,_~00,~ pc".",dc 4,000 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.
(e) (14) A reflective, bd~htiy colored safety vest which must be worn by the auto wrecker
operator at the scene of any accident or any location where hi,qh visibility is required.
(h) All auto wreckers shall have flashing or rotatinf:l ovenhead warning lights that are in good
working order, with lenses free of oxidation, that rotate, that are clearly visible during daylight
hours, and that com w~th th
, ' applicable provisions of the Texas Transportation Code.
SECTION 6. Section 57-225, Code of Ordinances, is revised to read as follows:
Sec. 57-225. Notice of disapproval of application or renewal,; correction of defects.
The chief of police or the police chief's designee shall give owner written notice of failure of
any application or renewal to meet all requirements, which requirements were not met, and
,k~.~,,~..., (30) days to remedy any defect and/or meet all requirements. If owner does not
remedy all defects and/or meet all requirements during the thirty-day cure period the chief of
police shall deny the application or renewal fcr 3~ o' '~ ...... ~ ..... ~
SECTION 7. Section 57-226, Code of Ordinances, is revised to read as follows:
Sec. 57-226. Permit issuance.
(a) 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 an auto wrecker
operation fee of $126.00 for each auto wrecker permitted to owner's issued permit number,
and the chief of police shall issue an auto wrecker rotation list permit to each owner whose
application complies with all requirements of this article upon owner's payment of a three
"'"-'~-~'-~ ~'~'~'- '~'-"~- ~e315 00) permit fee
(b) The e~m,~ar ($100.00) application fee shall be applied to the permit fee.
(c) In addition, the owner shall pay an auto wrecker operation fee of ~
~o!!=m ($126.00) for each auto wrecker permitted to owner's issued permit number.
SECTION 8. Section 57-227, Code of Ordinances, is revised to read as follows:
Sec. 57-227. Notice of denial; appeal.
The chief of police shall notify the owner in writing of denial of an auto wrecker or rotation list
permit application at the business address in the application by United States mail. Owner
may appeal the denial, within ten (!0) days of the date of the notice of denial, by sending a
letter to the maye~ City Manager stating that an appeal from the chief of police's ruling is
desired, r%v..j ....... w-..-.~ The City Mana.qer or the City Mana.qer's desi.qnee shall promptly and
within thirty /~m~_., days after receipt of the appeal hear the appeal and sustain, modify, or
reverse the police chief's ruling. The aute-wresker-permlt shall not be ~ssued until
the City Manager or the City Mana.qer's desi.qnee has heard the appeal and acted to sustain,
modify, or reverse the police chief's ruling.
SECTION 9. Section 57-228, Code of Ordinances, is revised to read as follows:
Sec. 57-228. Permit term.
(a) Each auto wrecker and rotation list permit shall be issued for one (-!-) year from January 1
to December 31.
(b) If any auto wrecker or rotation list permit is issued for less than one ~ year the three
haF~m~Ja~$315.00) permit fee ""~ ~-' "-'~'~'~ ~ .... ~,, o~v ,~,,,o, /
and ....................~ ..........~$126.00)
operation fee per auto wrecker shall be prorated based on the number of months remaining
until December 31.
(c) Renewal fees will be paid in the same manner as set out above.
(d) There will be no refund of permit fees or operation fees.
SECTION 10. Section 57-229, Code of Ordinances, is revised to read as follows:
Sec. 57-229. Permits numbered; identification on vehicle: dro~ fee sign.
(a) Each auto wrecker and rotation list permit issued by the chief of police shall be numbered
consecutively and each auto wrecker and rotation list permit holder shall affix =3!d -~'-'*.c
wr-eeke~ the permit number in dearly legible numerals to all doors of each auto wrecker
covered by ==~d *.he permit. All ="~- identifications and permit numbers shall be permanently
affixed in letters no less than two (2-) inches high.
(b) The chief of police shall issue annual permit decals for each permitted wrecker. The
decals shall be affixed to the driver's side window of each permitted wrecker.
(c) Each auto wrecker and rotation list permit holder shall permanently affix to the ddver's
side door of all permitted auto wreckers in clearly e.q b e letters no less than two inches hi.qh
a si.qn readin.q: "DROP FEE $35.002
SECTION 11. Section 57-230, Code of Ordinances, is revised to read as follows:
Sec. 57-230. Substitution of vehicle; fees.
An owner may substitute an unpermitted auto wrecker for one which has been permitted
upon providing written notice of intent to substitute. The notice shall contain all information
required by section 57-223 '"~'~ ~h .... ~.~,,o~. ~ .... ~ ..... ^ .... ~ ..... ~ ~..~..
wr-esker~]nd owner shall
pay a ....... ~ dcll=; ($20.00) inspection fee for each substitute auto
wrecker. If the substitute auto wrecker complies with the requirements of section 57-223,
owner's autewweske~ permit shall be amended to add the substitute auto wrecker and delete
the auto wrecker owner designates.
SECTION 12. Section 57-231, Code of Ordinances, is revised to read as follows:
Sec. 57-231. Adding vehicles; fees.
Owner may add one (1) or more additional auto wreckers to the autewweske~ permit by filing
a supplemental application containing ail information required by section 57-223. If the
additional auto wrecker complies with the requirements of sections 57-223 and 57-224,
owner's aute-wrecker permit shall be amended to add the additional auto wrecker(s). The fee
for adding auto wreckers to aP,~'u~tewwe&ker-permit shall be one,,_.._.v_ ~''''''~-~'~
($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 r/~y-della~ ($50.00).
SECTION 13. Section 57-232, Code of Ordinances, is revised to read as follows:
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 registration, 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.
each. =utc ':~=c~.=; == fc!!c':~: The City's Director of Risk Mana,qement shall establish the
minimum amount and type of insurance under the provisions of Section 17-15 of the Code of
Ordinances.
(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.
(e)-(d) An auto wrecker permit issued under this article shall automatically be suspended
upon cancellation or expiration, for whatever reason, of any insurance required by this
section.
(4~Said-(e) The 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 t.hi.-.~. (30) days'
written notice to all owners.
(g)/.O_An odginal renewal certificate of insurance shall be provided to the chief of police at
least fifteep~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.
SECTION 14. Section 57-233, Code of Ordinances, is revised to read as follows:
Sec. 57-233. Suspension~ probation and revocation--Procedure, appeal.
(a) Notwithstanding any penal provisions contained in this Code, the chief of police
shall be authorized to revoke, er-suspend, or place on probation any auto wrecker or
rotation list permit for a violation of the state law, city ordinance or any other
regulations governing the operation of an auto wrecker, and for sustained complaints
of deceptive business practices or substantially unreasonable overchar,qes for
consent tows, if ~..=!d v!c!='Jc,-. ~= committed by an auto wrecker owner, his agents or
employees. Such suspension or revocation or probation shall be made in accordance
with the following procedures:
(1) Upon complaint against any owner agent or employee by any person, or upon his
own motion, charging a violation of any provision of any city ordinance, the regulations
governing auto wrecker permits, or any state law, the chief of police or his designee,
after giving five (.5) days' notice of the grounds of such complaint to the owner against
whom the complaint is made, shall hold a headng at which all persons with relevant
information regarding the complaint =ha!! may be heard. At the conclusion of said
headng, the chief of police or his designee may issue a warning to the owner or he
may permanently revoke or suspend the permit or may put the permit on probation.
Previous warnings, probations or suspensions within the preceding two (L~ years may
be considered by the chief of police or his designee in making h!s the decision.
(2) If the chief of police or his desi,qnee suspends the permit, said suspension shall be
for a pedod of not more than ~!..-~.~'/,'30) day .....................................
chief of police places a permit on probation, the pedod of probation shall be for not
more than six months, and the chiefs action shall be final.
(3) If the chief of police or his designee revokes a permit permanently or suspends a
.... The notice
permit, he shall notify the owner in writing of the reasons therefor.
shall be deemed sufficient if posted in the United States mail addressed to the owner's
business address as contained in the odginal application for a permit or the latest
renewal .application ~. The owner shall have the dght to appeal
within ten~n~,v, days from the date of the notice of ravocation by sending a letter
addressed to the ,m,=:,.c; City Manager stating that an appeal from the ruling of the chief
of police is desired. If an appeal ~r..~. ~.h~, ,-.,~;,.,...~ ~.~...~.;~ ..~ ....~;.... '
............... ~, ............ ~. ..... Is perfected, as
herein provided, the ruling of the chief of police shall be suspending pending a hearing
by the ";*"_..~ cc'-'~d! City Manager or his designee. C!.~' ...... ~v_, ,~,,' The City Manager or his
designee shall promptly and within thirty~_.,/~n~ 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 within the time provided in this section, or if the ~.*..'
City Manager or his desi,qnee does not hear the appeal within thirty~_..//~n~ days from
receiving notice of appeal, the ruling of the chief of police shall be final and the permit
revoked or suspended. When a permit' , revocation is upheld, the
owner shall remove the city permit number from the sides of all wreckers previously
permitted, within five (6) working days of such notification.
SECTION 15. Section 57-234, Code of Ordinances, is revised to read as follows:
Sec. 57-234. Same Waiting period after revocation.
No person, firm, partnership or corporation whose auto wrecker or rotation list permit has
been revoked shall be eligible to apply for a new aatewwecJ~ permit for a period of at least
one (-I) year from the date of =',:'c~h revocation.
SECTION 16. Section 57-237, Code of Ordinances, is revised to road as follows:
Sec. 57-237. One company per business location.
Only one (-1-) permitted auto wrecker business and storage facility may operate by any one
(-1-) business address and/or location, regardless of whether the same person, partnership, or
corporation owns moro than one ~ permitted auto wrecker business. If two (2-) or more auto
wrecker businesses were in operation at the same business address and/or location pdor to
March 8, 1988 they are exempted from this section. However, any owner whose auto
wrecker or rotation list 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 in response to any call for service from the Corpus
Christi police department.
SECTION 17. Section 57-238, Code of Ordinances, is revised to read as follows:
Sec. 57-238. Twenty-four hour service.
Each owner holdin.q a rotation list permit 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 (-I) telephone number which is answered twenty-four-
hours a day, seven (7) days a week by that auto wrecker business at its business address
and/or location, without routing telephone calls through a switchboard. Routing telephone
calls through a switchboard shall be grounds for suspending or revoking the aatewvresker
permit.
SECTION 18. Section 57-239, Code of Ordinances, is revised to read as follows:
Sec. 57-239. Vehicle storage facility; attendant at business address and storage area.
An auto wrecker rotation list permit shall be issued only to an owner who has a properly
zoned vehicle storage facility at its business address which meets the following
requirements:
(4) (a) The storage area shall be completely enclosed with a wire or wooden
fence at least six (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 condition.
(2) (b)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 delivery and release of vehicles in all weather conditions.
(3) (c) 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 telephone number, and the hours vehicles will be
released to vehicle owners.
(4) (d)The storage area shall have a sign setting out the per diem charge for
storage and all other fees which may be charged by the owner. This sign shall
be clearly visible to a vehicle owner pdor to the payment of any fees.
(~ ~).Owner shall maintain adequate illumination levels throughout the vehicle
storage facility which shall not be less than one-half (~/-~) foot-candles where the
vehicles are stored; one (-I) foot-candles in the traffic lanes; and five (,5-) foot-
candles at the entrance.
(6) (f) Owner, his employee, or agent shall be at the auto wrecker business
address and shall have access to the vehicle storage facility, and all vehicles
stored there, dudng normal business hours.
~ Owner shall have a publicly listed phone which is answered at the business
address ~...v, .... ,.,*" ~.v_, .... (24) hours a day seven (7) days a week using the name
permitted to owner. Use of an answering service which places the police
dispatcher on hold, or answering machine, is prohibited. Use of call forwarding
off-site is only permitted if the owner or auto wrecker is on-duty for receipt of
assignments.
~ The police dispatcher shall not be placed on hold to answer incoming cells.
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.
(i) 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 after
the phone number is changed.
SECTION 19. Section 57-240, Code of Ordinances, is revised to read as follows:
Sec. 57-240. Inspection of vehicle storage place facility.
Prior to the issuance of an auto wrecker rotation list permit, the chief of police or his desi.qnee
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 The inspector shall also check with the department of planning to ascertain whether the
storage area is located in a zoning distdct which allows auto wrecker businesses and vehicle
storage facilities.
SECTION 20. Section 57-241, Code of Ordinances, is revised to read as follows:
Sec. 57-241. Prerequisite to towing impounded or disabled vehicles.
(b) No auto wrecker shall winch, dght, 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.
A n ...............
(c.) (b) ~ Rotation list tow. ..
~,~msentJ~ Impounded vehicles towed by police-initiation off the rotation list shall be
taken to the city impound lot. Disabled vehicles shall be taken to the wrecker's vehicle storage
facility. The auto wrecker dispatched for a ~ rotation list tow shall be the next
scheduled rotation wrecker, unless the owner or ddver of the vehicle to be towed requests the
on-scene police officer to send another permitted auto wrecker pdor to the time the next
scheduled rotation wrecker is dispatched to the scene.
'~ "'* The auto wrecker dispatched for a consent tow shall be the next scheduled
rotation wrecker unless the vehicle owner or driver:
(1) Personally calls an auto wrecker of his/her preference, or
(2) Requests the on-scene police officer to send another permitted auto wrecker=
l;~dor to the time the next scheduled rotation wrecker is dispatched to the scene. A not-for-
hire wrecker 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 a Texas tow truck
plate, a Texas license plate, and a City of Corpus Christi wrecker permit decal.
(f) In a situation where safety or time dictates otherwise, the peace officer on the scene may
direct actions inconsistent with these requirements.
SECTION 21. Section 57-243, Code of Ordinances, is revised to read as follows:
Sec. 57-243. Dispatching in rotation.
(a) The police chief shall establish an equitable rotation list system of the owners holding
auto wrecker rotation list permits, where each owner is dispatched in rotation to ~
....... ~. ...... d or ................ a pohce initiated tow. 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 wrecker 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 Bddge, Nuecas Bay Causeway, JFK
Bddge 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 ddver of a disabled or impounded vehicle wants to use another auto
wrecker than the next scheduled rotation wrecker and requests that company pdor to the
next scheduled rotation wrecker being dispatched to the scene.
(b) If the owner or ddver of a disabled vehicle wants to use an auto wrecker company not on
the rotation list, the owner or ddver must contact that company directly but not through the
police officer or dispatcher.
(b) (c) No police officer shall suggest or recommend that the owner or ddver of a disabled
vehicle call any auto wrecker company other than the next scheduled rotation wrecker.
(d) However, in a situation where safety or time indicates otherwise, the peace officer on the
scene may direct actions inconsistent with these requirements.
SECTION 22. Section 57-245, Code of Ordinances, is revised to read as follows:
Sec. 57-245. Responding to calls.
(a) Each owner on the rotation list shall have sufficient personnel and auto wreckers to
respond to all d!="b!=d cr !,,mpc'_',-.d=__. wh!dc tow assignments given by the police
dispatcher. On the scene response time shall be prompt and shall not exceed th!?.~' (30)
minutes after the police dispatcher's notification of the assignment. On assif:lnments to
unusual Ion,q distance tow locations, response time shall be prompt but may exceed 30
minutes if due to distance traveled, heavy traffic, or other roadway conditions.
(b) The owner, his agent or employee shall not refuse an assignment 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.
(c) If an owner establishes a pattern of not responding due to a lack of personnel or auto
w~'eckers, or a pattern of untimely response to assignments, the police chief at his discretion
may revoke or suspend or place on probation an owner's auto wrecker rotation list permit.
(d) A revocation or suspension may be appealed in the manner set out in section 57-233.
SECTION 23. Section 57-247, Code of Ordinances, is revised to read as follows:
Sec. 57-247. Notice of location of storage facility,
(a) If the owner or ddver of a disabled vehicle is at the scene and capable of receiving
information, owner shall notify the owner or ddver 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 vehicle's owner or operator requests that the
vehicle be towed elsewhere.
(b) 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.
(c) Failure to provide the card and fee schedule may result in revocation or suspension or
probation of owner's auto wrecker or rotation list permit, which may be appealed as set out in
section 57-233.
SECTION 24. Section 57-254, Code of Ordinances, is revised to read as follows:
Sec. 57-254. Maximum auto wrecker service and storage fees.
The following towing fees shall be paid by the person reclaiming the ' '
towed vehicle c,",c~ *~' .... * ...... ~' ;~ ,.....u..., ,,.. ,.. ,~. .... ~';"~ ~t ........ ~"""'~ *" *'"'"
,,, ................... ,,,,,,. ............... , (a) Pohce-~n~tiated non-consent rotation list tow
fees will be paid to the city at the city vehicle impound lot.
.....~ ~ ..... ~,~h,~,~ ........., (b) All other fees will be paid to the assigned auto
(2) Con ..........~ ........"~'~
wrecker company according to that company's policy.
~'"., ;',';'~ ~'~ .... '~'~"~ cs """;""~'~ (c) If a vehicle owner or operator has paid all applicable
fees and charges and requests the release of a vehicle after an auto wrecker has ardved at
the scene and before the vehicle has been towed ~rom the Ioc~ation, the auto wrecker owner
or ddver shall release the vehicle upon payment of a drop fee.
(4) (d) Maximum towing, storage and administrative fees.
$1. All permitted wreckers otherthan rotation list Category B wreckers:
A. Normal rotation list non-consent tow (includes double hook up)... $50.0075.00
B. Pdvate property impound ........................................................ $85.00
C. Drop fee ........................................................................... $35.00
2. D. Tire change rather than use dollies:
i~_One tire .................................................................... .~15.00
ii.__Two tires .................................................................. $20.00
3. D. Required use of dollies ..................................................... 25.00 $30.00
.4~-E. Additional labor such as winching for removal from a ditch or water, dghting an
overturned vehicle or for similar unusual circumstances (all inclusive)... _$_20.0030.00
5. F. Total maximum towing fee including the use of dollies and additional labor, but
excluding additional time at the scene and unusual distance... ~
rotation list tow ............................................................................ $130.00
pdvate property impound tow .......................................................... $140.00
6. G. 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... ~eI0.0015.00 per 30 minutes
7. H. Unusual distance charge:
i. Additional fee for a tow originating from the area within city limits west of Callicoate
Road to US 77 .................................................................. $5.00
ii. Additional fee for a tow odginatinfl from US 77/IH 37 and from the area within city
limits west of US 77/IH 37 ................................................... $15.00
iii. Additional fee for a tow odt:linatin.q from the area within city limits east of the JFK
Causeway to Fish Pass ..................................................... $5.00
iv. Additional fee for a tow odginafin.q from the area within city limits north of Fish
Pass to Port Aransas city limits .......................................... $15.00
8. I. Cleanup only, no tow required .............................................. 25.00 $35.00
2. Category B auto wreckers:
A. Normal ¢~)RserA~ non-consent tow (inciudes double hookup)... ~ $200.00
B. Additional labor such as winching for removal from ditch or water, dghting an overturned
vehicle, pulling an axle or for similar unusual circumstances (all inclusive) at .";:e~.~J dc!!3;=
($20.00) per fifteen-(15) minutes.
C. 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 ................. = .....50.00 per hour
(6) 3. Daily storage fees:
s~_torage for all or part of the first ,'-;;=,",~j fc"r (24) hours, and for each subsequent tweRty-
.... ,24) hour pedod or part thereof:
a~,_. Recovered stolen vehicles ................................................ $ 5.00
bB. 'Vehicles with rated capacity less than one (4) ton according to manufacturer's rating
(i~cluding but not limited to passenger cars, vans and pickup trucks with a capacity of less
than one ~ ton) .................................................................... 7.50 $15.00
(~:~. Vehicles with rated capacity of one (-I) ton or more according to manufacturer's rating...
-- 10 OO $15.00
(~ 4.^,~,,,;,,:_ ,..~c.,~ ~,~ ~ ......... ; .... ,~ ..... ,~ .......... ~ $ ", !.0.q Preservation
fee for covering broken/inoperable windows with plastic/tape, or similar actions. Can be
charged only if actually performed; per window covered charge or use of a tarpaulin for
vehicle cover; maximum .......................................................... $10.00
(~ 5_~_. Notification fees for. vehicle re,q stration research (28'=), certified letters, newspaper
advertisements and preparation necessary to inform the last registered owner and lien
holder(s). Can be charged only if actually performed a~er-bPeelew ...... $32.00
(9) (e) Multiple vehicles.
1. When a vehicle and trailer are both towed by one (!) auto wrecker, only one (4) towing
fee shall be paid to the owner.
2. When more than one (4) vehicle is transported by one (-1-) auto wrecker, e.g., motorcycles
or parts of vehicles, only one~.~/~ *nwinn. v = fee shall be paid to owner.
~t'~nx,-,' (f) Invoices.
al. Each customer invoice shall include the owner's company name, business address and
phone number, permit number, name of the auto wrecker who performed the specific
assignment being invoiced, date and time of assignment, date and time assignment
completed (i.e., delivery of the vehicle), houm when vehicles can be reclaimed, and an
itemized statement of charges. A fee schedule listing the maximum towing, storage, etc. fees
shall be attached to each consent tow invoice.
b2. 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 or rotation list permit.
c=,3_. Each owner has one (~,) or more auto wreckers permitted to him under an auto wrecker
permit number. Only service provided by an auto wrecker permitted under an auto wrecker or
rotation list permit number shall be invoiced by the owner, his agent or employee to that
permit; service provided under any other aute~,vre6ke~ 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 autewwecJ4e~ permit.
d~_. Each owner shall invoice the police department for non-consent (impound) tows, which
shall include an itemized statement of charges and an explanation of all charges above the
normal towing only fee.
5.__The chief of police will review each invoice and either approve or reject charges for
services rendered.
SECTION 25. A violation of this ordinance or requirements implemented hereunder shall
constitute an offense, punishable as provided in Section 1-6 of the City of Corpus Chdsti
Code of Ordinances.
SECTION 26. If for any reason any section, paragraph, subdivision, clause, phrase, word or
provision of this ordinance shall be held invalid or unconstitutional by final judgment of a
court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision,
clause, phrase, word or provision of this ordinance, for it is the definite intent of this City
Council that every section, paragraph, subdivision, clause, phrase, word or provision of this
ordinance be given full force and effect for its purpose.
SECTION 27. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L Neal, Jr.
Mayor
APPROVED: This __. day of
,2002:
James R. Bray, Jr.
City Attomey
Steve Zastro~!
Assistant City Attonley
Corpus Chdsti, Texas
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Henry Garrett
Bill Kelly
Rex A. Kinnison
John Longoda
Jesse Noyola
Mark Scott
orpus
Christi