HomeMy WebLinkAboutAgenda Packet City Council - 09/24/2002CITY
COUNCIL
AGENDA
"Corpus Christi Celebrating 150 Years"
September 24, 2002
1:45 p.m. Proclamation declaring the month of October, 2002 as "Czech Heritage Month"
Proclamation declaring the month of October, 2002 as "National Domestic Violence Awareness Month"
AGENDA
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD
SEPTEMBER 24, 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. If you have a petition or other information pertaining to your
subject, please present it to the City Secretary.
Si ud. Desea didgirse al Concilio y cree que su ingl&s es limitado, habr~ un int&rprete ingl~s-espaflol en todas las juntas del
Concilio para ayudade.
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 Dr. Tim Brewer, Grace 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 Attorney James R. Bray, Jr.
City Secretary Armando Chapa __
E. MINUTES:
1. Approval of Regular Meeting of September 17, 2002. (Attachment # 1)
Agenda
Regular Council Meeting
September24,2002
Page 2
F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2)
2. * Port of Corpus Christi Authority
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
ratherthan a two reading ordinance; or may modify the action specified.
A motion to reconsider may be made at this meeting of a vote at the
last regular, or a subsequent special meeting; such agendas are
incorporated herein for reconsideration and action on any reconsidered
item.
CONSENT AGENDA
Notice to the Public
The following items are of a routine or administrative nature. The Council has
been fumished with background and support matedal on each item, and/or it
has been discussed at a previous meeting. All items will be acted upon by one
vote without being discussed separately unless requested by a Council
Member or a citizen, in which event the item or items will immediately be
withdrawn for individual consideration in its normal sequence afterthe items not
requiring separate discussion have been acted upon. The remaining items will
be adopted by one vote.
CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES
FROM PREVIOUS MEETINGS:
(At this point the Council will vote on all motions, resolutions and ordinances not
removed for individual consideration)
Motion approving a supply agreement for portable chemical toilet
service in accordance with Bid Invitation No. BI-0117-02 with BFI
Waste Services of Texas, L.P., Corpus Christi, Texas based on
Iow bid for an estimated annual expenditure of $35,484.50. The
term of the supply agreement will be for twelve months with an
option to extend for up to two additional twelve-month periods,
subject to the approval of the supplier and the City Manager or his
designee. Funds are budgeted by the using departments in
FY2002-2003. (Attachment # 3)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
September 24, 2002
Page 3
Motion approving the purchase of three (3) "Bullard" thermal
imaging cameras from Four Alarm Fire Equipment, Houston,
Texas based on only bid for a total amount of $29,100. The
thermal imaging cameras will be used by the Fire Department.
Funds are available from a grant through the Federal Domestic
Preparedness Program. (Attachment # 4)
Motion authorizing the City Manager or his designee to execute
a construction contract with Addan Enterprises of Corpus Chdsti,
Texas, in the amount of $288,900 for the Youth Outdoor Sports
Facilities Lighting Improvements Project at South Guth Park.
(Bond Issue 2000) (Attachment # 5)
Motion authorizing the City Manager or his designee to execute
a construction contract with R.E. Rabalais Constructors, Ltd., dba
Rabalais I & E Constructors of Corpus Christi, Texas, in the
amount of $26,690 for the Youth Outdoor Sports Facilities
Lighting Improvements Project at Dr. Hector P. Garcia Park.
(Bond Issue 2000) (Attachment # 6)
Motion authorizing the City Manager or his designee to execute
a construction contract with F & W Electrical Construction, Inc. of
Floresville, Texas in the amount of $221,000 for the Youth
Outdoor Sports Facilities Lighting Improvements Project at Bill
Witt Park. (Bond Issue 2000) (Attachment # 7)
Motion authorizing the City Manager or his designee to execute
a construction contract with R.E. Rabalais Constructors, Ltd., dba
Rabalais I & E Constructors of Corpus Christi, Texas in the
amount of $134,690 for the Youth Outdoor Sports Facilities
Lighting Improvements Project at Evelyn Price Park. (Bond Issue
2000) (Attachment # 8)
Motion rescinding authorization for the City Manager or his
designee to execute a construction contract with Pate & Pate,
LLC, of The Woodlands, Texas in the amount of $959,685 for the
Corpus Christi International Airport Lift Station and Sanitary
Sewer Relocation Project. (Attachment # 9)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
Se~ember24,2002
Page 4
Motion authorizing the City Manager or his designee to execute
a construction contract with Jalco, Inc. of Houston, Texas in the
amount of $1,026,400 for the Corpus Christi International Airport
Lift Station and Sanitary Sewer Relocation Project. (Attachment
# 9)
10.a.
Motion authorizing the City Manager or his designee, to execute
a Real Estate Sales Contract with Adan Martinez and wife, Mada
Martinez, in the amount of $62,000, plus $1,500 in closing costs
and an additional amount not to exceed $22,500, for relocation
assistance to cover moving costs, price differential payments and
incidental expenses for replacement housing, for the pumhase of
fee simple property dghts for Parcel 9, being all of Lot 12, Block
4, Mount Vernon Subdivision, with street address of 4901
Prinston, 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 # 10)
10.b.
Motion authorizing the City Manager or his designee to execute
a Real Estate Sales Contract with Eric Barnes and wife, Maria
Barnes, in the amount of $67,000, 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 pumhase of fee simple
property rights for Parcel 11, being all of Lot 12, Block 5, Mount
Vemon Subdivision Unit 2, with street address of 4901 Lansdown,
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 # 10)
11.a.
Motion authorizing the City Manager or his designee to accept a
grant in the amount of $46,058 from the Texas Department of
Transportation for Year Three of the Intemection Traffic Control
Selective Traffic Enforcement Project (STEP) for traffic
enforcement overtime within the Police Department and to
execute all related documents. (Attachment # 11)
11.b.
Ordinance appropriating $46,058 from the Texas Department of
Transportation for funding to continue the Intersection Traffic
Control Selective Traffic Enforcement Project (STEP) within the
Police Department in No. 1050 Federal/State Grants Fund.
(Attachment # 11)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
September 24, 2002
Page 5
12.
13.
14.
15.
16.
Motion authorizing the City Manager or his designee to execute
a contract with Siemens Transportation System, Inc. of Cedar
Rapids, Iowa in the amount of $80,760 for hardware and software
support services on the Police and Fire Department's 200 Mobile
Data Computer/Automated Vehicle Locator systems located in
emergency vehicles. The term of the contract is one year.
(Attachment # 12)
Motion authorizing the City Manager or his designee to execute
a contract for professional services between AMTEC of Hartford,
Connecticut and the City of Corpus Christi for a five-year term to
provide arbitrage compliance services. (Attachment # 13)
Resolution by the City Council of the City of Corpus Chdsti,
Texas, directing publication of notice of intention to issue
Combination Tax and Revenue Certificates of Obligation, Series
2002; and resolving other matters relating to the subject (for the
purpose of funding renovations and improvements to the
Convention Center). (Attachment # 14)
Second Reading Ordinance-Amending the ClearSoume/Grande
franchise to provide one-month extension for broadcasting of
public and repeat Government Access Channel programming.
(First Reading - 9/17/02) (Attachment # 15)
PUBLIC HEARINGS:
ZONING CASES:
Case No. 0702-01, Mostaghasi Investment Trust: A change of
zoning from an "F-R" Farm-Rural District to an "AB" Professional
Office District on Area 1 and a "B-l" Neighborhood Business
District on Area 2, on Airline Subdivision Unit 3, Block 1, Lot 1,
located on the east side of Aidine Road and south of Cimarron
Road. (Attachment # 16)
Planninq Commission's and Staff's Recommendation: Denial,
and in lieu thereof, that an "R-2" Multiple Dwelling District be
approved on Area I and a "B-I" Neighborhood Business District
be approved on Area 2.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
September 24, 2002
Page 6
17.
18.
ORDINANCE
Amending the Zoning Ordinance upon application by Mostaghasi
Investments Trust by changing the zoning map in reference to Lot
1, Block 1, Aidine Subdivision Unit 3, from "F-R" Farm-Rural
Distdct to "B-1" Neighborhood Business Distdct on Area 2 and to
"R-2" Multiple Dwelling Distdct on Area 1; amending the
Comprehensive Plan to account for any deviations from the
existing Comprehensive Plan.
Case No. 0702-02, David L. Grant dba ILLUSIONS: A change of
zoning from an "R-lB' One-family Dwelling District to an "AB"
Professional Office District on Alameda Park Subdivision, Block
4, Lot 1, located on the southeast side of Gertie Street and
Robert Ddve intersection. (Attachment# 17)
Planning Commission's and Staff's Recommendation: Denial of
the "AB" Professional Office District.
ORDINANCE
Amend the Zoning Ordinance upon application by David L. Grant
dba ILLUSIONS by changing the zoning map in reference to Lot
1, Block 4, Alameda Park Subdivision, from "R-lB" One-family
Dwelling Distdct to"AB" Professional Office District; amending the
Comprehensive Plan to account for any deviations from the
existing Comprehensive Plan.
Case No. 0702-03, Arnold and Doris Hill: A change of zoning from
an "R-lB" One-family Dwelling Distdct to a "B-1" Neighborhood
Business Distdct on Lexington Subdivision, Block 3, Lot 51,
located on the north side of Sacky Drive, approximately 300 feet
east of Ayers Street. (Attachment # 18)
Planning Commission's and Staff's Recommendation: Approval
of the "B-1" Neighborhood Business District.
ORDINANCE
Amending the Zoning Ordinance upon application by Arnold and
Doris Hill, by changing the zoning map in reference to Lot 51,
Block 3, Lexington Subdivision, from "R-1B" One-family Dwelling
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
September24,2002
Page 7
Distdct to "B-1" Neighborhood Business District; amending the
Comprehensive Plan to account for any deviations from the
existing Comprehensive Plan.
Je
PRESENTATIONS:
Public comment will not be solicited on Presentation items.
19.
Juvenile Assessment Center, Crime Control and Prevention
District (Attachment # 19)
20.
Airport Terminal Reconstruction and other related projects,
Quarterly Report (Attachment # 20)
REGULAR AGENDA
CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES:
21.
First Reading Ordinance - Waiving the publication of legal notice
renaming the park at 13608 Port Royal on Padre Island from
Cobo Park to Douden Park. (Attachment # 21)
22.
Ordinance appropriating $53,599,700 from the proceeds of the
sale of Utility System Improvement Bonds Series 2002 in the Nos.
4084 Water 2002 Capital Improvement Plan, 4244 Wastewater
2002 Capital Improvement Plan, and 3487 Storm Water 2002
Capital Improvement Plan Funds to fund various eligible Water,
VVastewater and Storm Water projects on the FY97-98, FY98-99,
FY99-00, FY00-01 and FY01-02, Capital Improvement Projects
list. (Attachment # 22)
23.
Motion authorizing the City Manager or his designee to execute
Amendment No. 1 to the contract with EMA, Inc. of Houston,
Texas in the amount of $1,253,000 for next phase
implementation of the Computerized Maintenance Management
System (Aviation, Gas, Storm Water, Wastewater and Water
Departments.) (Attachment # 23)
L. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS
NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT
APPROXIMATELY 5:30 P.M, OR AT THE END OF THE
COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE
LIMIT PRESENTATIONS TO THREE MINUTES. IF YOUPLAN
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summmy)
Agenda
Regular Council Meeting
September24,2002
Page 8
24.
25.
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 reuni6n de la junta pare 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 dudng the meeting in order to discuss
any matters listed on the agenda, when authodzed by the provisions of
the Open Meeting Act, Chapter 551 of the Texas Govemment Code,
and that the City Council specifically expects to go into executive
session on the following matters. In the event the Council elects to go
into executive session regarding an agenda item, the section or
sections of the Open Meetings Act authorizing the executive session
will be publicly announced by the presiding office.
Executive session pursuant to Texas Government Code Section
551.071 regarding Jon Harwood et al v. City of Corpus Christi,
No. 00-4149-G, 319~ District Court, Nueces County, Texas with
possible discussion and action related thereto in open session.
Executive session pursuant to Texas Government Code Sections
551.071, 551.072, and 551.087 regarding acquisition and
development of a site for a minor league baseball stadium in the
Arena/Convention Center/Port of Corpus Christi area, location of
a professional baseball franchise in the facility, and possible real
estate agreements with the Port of Corpus Christi Authority and
RSR Sports implementing the stadium, with possible discussion
and action related thereto in open session.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
September24,2002
Page 9
N, REPORTS:
The following reports include questions by Council to Staff regarding
City policies or activities; request by Council for information or reports
from Staff; reports of activities of individual Council members and Staff;
constituent concerns; current topics raised by media; follow-up on Staff
assignments; scheduling of future Council meetings and activities; and
other brief discussions rega/ding city-related matters.
26. CITY MANAGER'S REPORT
27.
28.
O.
NOTE:
* 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 ~ p.m., September 20 , 2002.
~rmand~-Cha~a
City Secretary /~'~--
The City Council Agenda can be found on the City's Home
Page at www.ci.corpus-christi.tx.us after 7:00 p.m. on the
Friday before regularly scheduled council meetings. If
technical problems occur, the agenda will be upIoaded 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 summaPj)
2001-2002
CiTY COUNCIL GOALS
AND
PRIORITY ISSUES
~y0~G PRIORITY iSSUES
Mrport I Seawall / Convention Center / Arena
· Continue quarterly reporting process for these initiatives.
'86 Bond Issue lmnro~ements
· Update status on Senior Centers.
· provide communication on completion of these projects (e.g. "Report to the Community").
· Continue commlmity involvement on issues such as Leopard Street improvements.
Privatization / Re-Enmlneerine
· Clearly define "privatization" and "re-engineering."
Make decisions regarding privatization and re-engineering in the next 12-24 months, with
discussions within 90 days.
· Establish process to identify what services can and cannot be privatized.
· Continue focus on park maintenance.
* Maintain the 5-year forecast model.
· Review the August 1 budget adoption deadline.
Cthne Control and Prevention
Continue implementation of the Community Policing initiative.
Establish date for Crime Control and Prevention District election~
Continue City participation in Youth Opportunities United and other youth crime initiatives,
Emnlovee Health Care
· Address concerns related to employee compensation and benefits, including health insurance.
· Work to coordinate Police and Fire health benefits with those of other City employees
EConomic i~velop~ent Sales T~x
· Establish election date.
PRIORITY INITIATIVES AND ISSUES
City staff wlll develop and present to City Council action/implementation plans for the following priority
Desalination Pilot Project
~ *Code Enforcement in Trashy Neighborhoods
~l~ *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)
Homing Emphasis / Process (older neighborhoods, working class neighborhoods)
**Road Projects
Southside Traffic Plan
· Reconsider implementation plan for a Storm Water Utility.
Psckerv Channel
· Continue quarterly reports on the progress of the TIF and Beach Restoration Project.
L~ndf~
· Continue to evaluate the efficiency and effectiveness of operations.
· Examine alternatives for solid waste management system, including prlvatization.
]~nterBet
· 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.
,CDgC
· Continue active role.
· Lease and complete renovation
3nngXaltion Plan
Implement current island annexation plan
· Develop and approve ADA Transition Plan within 90 days.
Redistrictinz
· Develop Council-approved redistricting plan for the City of Corpus Christi
Industrial District Contract
· Review Industrial District contracts and detc~iaiue date for approval
C0~ncfl Action Items
Staff completes action requests in a timely manner,
CSH / Count~ Health Issuzs
· Continue discussions with County to determine structure and process for the most effective
and efficient delivery of health services
M~rkefln~ of CC Mus~un~ and (~o~umbus Shins
Continue to develop marketing plans for the Museum of Science and History and the
Columbus Fleet
Relationships with Other Governments
Development Initiative Packages
*Park Rehabilitation
*Leopard Street Curbs and Gutters
Economic Development Summit and Post-Summit Meetings
Agnes-Laredo Corridor Market (studies, plans)
*Solid waste / Pickup
Base Closures
**Northwest Library
Northside Development Plan
Traffic Controls (channeling, studying on/off ramps on SPID)
*Five Point~ Ambulance
Effluent Plan for Leopard Medians
RTA--Publie Improvements
Arts and Sciences Park Plan
Budget Item
** Capital Improvement Program Item
1
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
September 17, 2002 - 2:13 p.m.
PRESENT
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 Staff:
City Manager David R. Garcia
Deputy City Manager George Noe
City Attorney James R. Bray Jr.
City Secretary Annando Chapa
Recording Secretary Rachelle Parry
Mayor Neal called the meeting to order in the Council Chambers of CityHall. The invocation
was delivered by Rev. John Elford, St. John's United Methodist Church, and the Pledge of
Allegiance to the United States flag was led by the Mayor. City Secretary Chapa called the roll and
verified that the necessary quorum of the Council and the required charter officers were present to
conduct the meeting. Mayor Neal called for approval of the minutes of the joint Council meeting of
August 27, 2002 and the regular meeting of September 9, 2002. A motion was made and passed to
approve the minutes as presented.
Mayor Neal called for consideration of the consent agenda (Items 2-17). City Secretary Chapa
announced the following abstentions: Council Member Scott on Item 15.a. and Council Member
Chesney on Item 15.b. Council members requested that Items 6, 12, 14 and 15 be discussed. There
were no comments from the audience. Mr. Chapa polled the Council for their votes:
2. M2002-298
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 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 various City departments.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
3. M2002-299
Motion approving a supply agreement for serial publication services, consisting of 460
Minutes - Regular Council Meeting
September 17, 2002 - Page 2
magazine, newspaper and trade joumal 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.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kirmison, Longoria, Noyola, and Scott voting "Aye."
M2002-300
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.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
5.a. M2002-301
Motion approving the reimbursement application submitted by Star 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.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
5.b. ORDINANCE NO. 025019
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 A Saratoga Subdivision.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
7. M2002-303
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 new municipal and industrial water delivery
system at Choke Canyon Reservoir, Nueces River Project.
Minutes - Regular Council Meeting
September 17, 2002 - Page 3
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longofia, Noyola, and Scott voting "Aye."
8.a. M2002-304
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.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
8.b. ORDINANCE NO. 025020
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.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
9.a. M2002-305
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.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
9.b. ORDINANCE NO. 025021
Ordinance appropriating a $6,000 TexTreasures grant fi'om 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.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
9.c. M2002-306
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
Minutes - Regular Council Meeting
September 17, 2002 - Page 4
for the TexTreasures grant awarded by the Texas State Library and Archives Commission.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longofia, Noyola, and Scott voting "Aye."
9.d. ORDINANCE NO. 025022
Ordinance appropriating $3,000 fi:om 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.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
10.a. M2002-307
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
In~astmcture Fund Board. Funds will be used to purchase computer hardware and software
for use by individuals who have vision, hearing or mobility impairments.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
10.b. ORDINANCE NO. 025023
Ordinance appropriating $55,310 from the Telecommunications Infi'astructure Fund Board
in the No. 1050 Federal/State Grants Fund for computer hardware & software for the Corpus
Christi public libraries for use by individuals with vision, hearing or mobility impairments.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
lO.c. M2002-308
Motion authorizing the City Manager or his designee to execute a girl agreement to receive
$5,500 fi:om the Corpus Christi Public Library Foundation to be used as matching funds for
the grant awarded by the Telecommunications Infrastructure Fund Board.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
10.d. ORDINANCE NO. 025024
Ordinance appropriating $5,500 fi:om the Corpus Christi Public Library Foundation in the
Minutes - Regular Council Meeting
September 17, 2002 - Page 5
No. 1050 Federal/State Grants Fund as a match for the Telecommunications Infrastructure
Fund Board grant awarded to the Corpus Christi Public Libraries.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
ll.a. M2002-309
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.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
11.b. ORDINANCE NO. 025025
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 Christi Public Libraries.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
13.a. M2002-310
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 Governor, Criminal Justice Division for third
year funding for the computer forensics specialist grant 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."
13.b. ORDINANCE NO. 025026
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 Enfomement
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.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Minutes - Regular Council Meeting
September 17, 2002 - Page 6
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
16. ORDINANCE NO. 025027
Ordinance changing the name of Parkdale Drive to Whataburger Way between Gollihar Road
and Everhart Road.
The foregoing ordinance passed on second reading by the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
17. ORDINANCE NO. 025028
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 second reading by the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
Mayor Neal opened discussion on Item 6, agreement with the United States Geological
Survey (USGS). CityManager Garcia explained that this annual agreement involves the maintenance
of a series of monitoring stations. He said the cost is shared with the USGS and the city has
requested that they install some additional monitoring stations below the two dams to provide more
detailed information on rainfall levels as well as to predict flood levels. The Mayor asked if this
program monitors salinity levels and Assistant City Manager Ron Massey said it does not; rather,
it measures inflow amounts. He added that that information is available on the city's website.
Responding to Council Member Scott, Mr. Massey said one of the gauges is not transmitting
the actual flow information but it is transmitting the river height. He said the USGS is responsible
for maintaining the monitoring stations.
Council Member Kelly said he has heard criticism that the city should have released water
earlier to avoid the current flooding situation. Mr. Massey said if the city had done so, it would not
have had a significant impact on the cresting of the fiver. He said there are many factors that are hard
to predict in making decisions like that but they consult with the USGS, the Bureau of Reclamation,
and the National Weather Service. He said the most recent rain event occurred very close to the
reservoirs so that within a 24-hour period, Choke Canyon was three feet over its limit. He also
commented on the bay's current salinity level. City Secretary Chapa polled the Council as follows:
6. M2002-302
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
Minutes - Regular Council Meeting
September 17, 2002 - Page 7
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.
The foregoing motion passed by the following vote: Neai, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
Mayor Neal opened discussion on Item 12, ClearSource/Grande franchise amendment. Res-
ponding to Council Member Noyola, Ms. Susan Cable, Director of E-Government Services, said this
action will allow the public access users to only have to make one tape for airing instead of two
tapes. She said this action is being delayed a few weeks because the interconnect site is located
within the McArdle Road construction area. She added that it will be an above-ground facility. City
Secretary Chapa polled the Council for their votes as follows:
12. FIRST READING ORDINANCE
Ordinance amending the ClearSource/Grande franchise to provide a one-month extension
for broadcasting of public and repeat government access channel programming.
The foregoing ordinance passed on first reading by the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
Mayor Neal opened discussion on Item 14, Frost Bank re-roof project. Responding to Council
Member Scott, Mr. Kevin Stowers, Assistant Director of Engineering Services, said the contract
allows for up to 90 days but staffhopes to have it completed prior to that time. Mr. Scott asked when
the One-Stop Center will be opened. Mr. Stowers said they anticipate occupancy during the month
of December 2002. City Manager Garcia said in order to do that, some emergency purchases will
need to be made. City Secretary Chapa polled the Council for their votes as follows:
14. M2002-311
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.
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 17, 2002 - Page 8
Mayor Neal opened discussion on Item 15, real estate contracts for the MeArdle Road
project. Responding to Council Member Colmenero, Mr. Stowers said the remaining five of the 16
residential properties are currently in negotiations. Mr. Angel Escobar, Director of Engineering
Services, said two of the properties will be on next week's Council agenda. He said the plans and
specifications are scheduled to go out in spring 2003. City Secretary Chapa polled the Council for
their votes as follows:
15.a. M2002-312
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
mount 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.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kiunison, Longoria, and Noyola voting "Aye"; Scott abstaining.
15.b. M2002-313
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 relocation
assistance to cover moving costs, price differential payments and incidental expenses for
replacement housing, for the purchase of fee simple property rights for Parcel 17, being all
of Lot 23, Block 8, Mount Vernon 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.
The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly,
Kinnison, Longoria, Noyola, and Scott voting "Aye"; Chesney abstaining.
Mayor Neal referred to the presentations on the day's agenda. The first (Item 19) was
regarding Bayfest 2002, which will be held September 27* - 29*. Mrs. Ashley Chesney, 2002 general
chairperson, said the event draws more than 5,000 volunteers and over the last 26 years it has
generated more than $10 million for local, non-profit agencies. She said this year's event will feature
such prominent acts as the Temptations, LL Cool J, Neal McCoy and Intocable.
The Mayor opened discussion on Item 20, Bayfest Festival street closings. There were no
comments from the audience.
Minutes - Regular Council Meeting
September 17, 2002 - Page 9
Council Member Noyola asked about the Bayfest entrance fees. Mrs. Chesney replied that
the adult ticket prices are now $7 per person (from $5); children under 6 are free; 6- to 12-year-olds'
tickets are $1; and seniors' tickets are $2. She said the cost of putting on the festival continues to
increase. Ms. Rose Garza, Bayfest public relations chairperson, said rather than raise the costs for
the non-profit agencies, the board opted to increase the adult ticket price. Council Member Scott said
he thinks this will be a record year for the event. City Secretary Chapa polled the Council:
20. M2002-314
Motion approving the application from Bayfest, Inc. to temporarily close the following street
sections for the Bayfest 2002, September 27-29, 2002.
a. Northbound Shoreline Boulevard (inside lane only) from the north right 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, 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.
b. 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.
c. 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., Friday,
September 27 through 6:00 a.m., Monday, September 30, 2002.
d. 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.
e. 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.,
Friday, September 27 through 6:00 a.m., Monday, September 30, 2002.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
The second presentation (Item 18) was the Corpus Christi Regional Economic Development
Corporation (EDC) annual report for FY 2001-02. Mr. Ron Kitchens, CEO and President, gave a
computer presentation about the EDC's accomplishments and future goals. He discussed the
following statistics: 105 non-primary employers assisted; 21,811 unique visitors and 2,141 Spanish
language/unique visitors to the organization's web site (which was selected as "Web Site of the
Year" by the International Economic Development Council); 915 site visits for business retention
and expansion; and several appreciation luncheons held for existing businesses.
Mr. Kitchens said there are downtums in the economy and last year there were 501 lay-offs,
which the EDC continues to track. He also discussed reports and studies conducted by the EDC,
including the impact of the military on South Texas, 2002 labor availability, and a best practices
report. He said another important aspect was national and regional media coverage. He said this area
Minutes - Regular Council Meeting
September 17, 2002 -Page 10
was covered in the following publications: Forbes, Sports Illustrated, Dallas Morning News,
Houston Chronicle, Austin American-Statesman, Site Selection Magazine, San Antonio Express
News, andthe Wall Street Journal. He saidthe EDC staffandboardmembers also gavepresentafions
to 5,677 individuals.
Mr. Kitchens discussed funding, of which 32% came fi.om the private sector and 68% came
from the public sector (city, 43%; county, 7%; port, 18%). He said this year's budget calls for 37%
of the funding to come from the private sector. With regard to marketing, Mr. Kitchens said the EDC
staff made 3,613 outbound telephone calls and sent out 13,345 direct mail pieces. They also made
impact trips to San Antonio, Austin, Houston and Dallas as well as specific marketing trips. The
marketing results were 201 suspects and 77 prospects for a conversion rate of 38%. He said the
reasons Corpus Christi was rejected as a business site varied as follows: 53% due to the slow
national economy; 16% due to local market conditions; 14% due to a lack of suitable buildings; and
3% each due to a lack of funding and lack of incentives.
He said 25 companies posted a total of 2,500 new primary jobs in FY 2001-02 as well as
3,000 new secondary jobs. Of the new jobs announced, 73% came from existing industry and 27%
came fi'om new industries. He said the return on investment is 696% (1 to 6.96 ratio) with an
estimated annual additional public revenue of over $7.7 million. He said the total new jobs over the
last two years were 23,747, consisting of 10,794 primary jobs and 12,953 secondary jobs.
Mr. Kitchens said that in the future, the EDC staffintends to increase its home office visits
to 30 of the largest primary employers with site visits planned to 250 targeted companies. He said
they also plan to send out 2,800 direct mail pieces and make 2,100 telephone calls to individuals and
companies. He discussed community outreach programs involving NASA and the Coastal Bend
Minority Business Council, as well as a relocation campaign consisting of a relocation directory,
awareness of opportunities, spousal relocation assistance, and partnerships with existing companies
to assist in relocation. He discussed positive changes that will take place with the Harte Center for
marine studies and he noted that the EDC board voted to include City Manager Garcia as an ex-
officio member.
Mayor Neal thanked the members of the private sector for their substantial financial
commitments to help Corpus Christi grow through the EDC. Responding to Council Member
Chesney, Mr. Kitchens said the figures he uses are continually verified and are available on the web
site. Mr. Chesney suggested that Mr. Kitchens state the EDC's net gain of jobs and stay involved
with the Padre Island and Flour Bluffbusiness associations. He also discussed funding percentages.
Council Member Scott commended the EDC board and staff for their efforts and he
commented on the economic strides that Corpus Christi has made in the last few years and the need
to publicize those successes. Mr. Kitchens referred to the proposed economic development sales tax,
which can help fund such programs as the construction of industrial parks, access to capital and
business incentives. In reply to Council Member Colmenero, Mr. Kitchens said that Corpus Christi
and San Antonio's EDCs are friendly competitors on many projects.
Council Member Kinnison asked how long Mr. Kitchens has been in charge of the EDC and
Minutes - Regular Council Meeting
September 17, 2002 - Page 11
he replied for 2½ years. Mr. Kinnison said if the Council does not object, he would like to ask Mayor
Neal to formally send a letter to the EDC board to possibly increase the number of city
representatives. Mr. Kitchens said the board has discussed that issue. Mr. Kinnison said the EDC's
web site has a lot of valuable information which shows that Corpus Christi's economy is doing very
well, particularly compared to other Texas cities. Responding to a question from Mr. Chesney, Mr.
Kitchens said the primary jobs average $14 an hour and the secondary jobs average $12 an hour. He
said they espouse the philosophy that the best social program is a good-paying job with health care
benefits and a retirement plan.
Council Member Longoria said it was announced that the Army South Command
headquarters will be relocated from Puerto Rico to Ft. Sam Houston in San Antonio, which could
have a positive impact on the Corpus Christi Army Depot and the Port of Corpus Christi. Mr.
Kitchens said one of the reasons San Antonio was successful was because it partnered with the Port,
which has strong rail transportation with that city.
Council Member Garrett thanked the private sector for their involvement in Corpus Christi's
economic development efforts and the EDC staff and board. Council Member Noyola encouraged
Mr. Kitchens and his staffto keep up the good work and he said he would like to see more women
named to the EDC board. Mr. Kitchens noted that the female member is a city appointee.
Mayor Neal opened discussion on Item 21, electric supply agreement. Mr. Mark McDaniel,
Director of Management and Budget, said the South Texas Aggregation Project (STAP) was asking
the Council to essentially take the same action they took a year ago. He said STAP is contemplating
renewing the contract with First Choice for 12 to 24 months if they can do the following: beat the
price they are offering now and clear up billing issues. He said that similar to gas prices, the electric
market is very volatile but they anticipate that action can be taken in September or October.
City Manager Garcia pointed out that the city has realized substantial utility savings fi.om this
process so far. Mr. McDaniel said the city has 370 accounts, most of which have been converted to
First Choice although some still have billing issues. Mr. Garcia said those billing problems are being
experienced throughout the state as companies deregulate for the first time. Mr. McDaniel said
STAP wants to create stability if possible but they are talking to other retail electric providers in the
event they need to contract with another company. There were no comments from the audience. City
S~cretary Chapa polled the Council for their votes as follows:
21. RESOLUTION NO. 025029
Resolution authorizing the City Manager o r h is designee t o execute a n electric supply
agreement pursuant to the contract to be signed by South Texas Aggregation Project Inc. for
deliveries of electricity effective January 1, 2003.
The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Longoria, Noyola, and Scott voting "Aye"; Kinnison absent.
Minutes - Regular Council Meeting
September 17, 2002 -Page 12
Mayor Neal opened discussion on Item 22 regarding the November 5, 2002 election. City
Attorney Bray explained that the first amendment would amend Article I, Section 3 of the City
Charter, the tn'st sentence of which presently states: "The municipal government provided by this
charter shall be known as the 'Council Manager Government.'" He said the amendment would
change that to say, "The municipal government provided by this charter shall be a 'Mayor Council
Form of Government.'"
Mr. Braywent on to say that the second sentence of that section of the charter presently reads,
"Pursuant to its provisions and subject only to the limitations imposed by the state constitution and
by this charter, all powers of the city shall be vested in an elective council, hereinafter referred to as
'the council,' which shall enact local legislation, determine policies, appoint the city manager, and
which council and city manager shall execute the laws and administer the government of the city."
Mr. Bray said the amendment would eliminate that sentence and replace it with the following: "The
elected mayor shall be the chief executive and administrative officer of the city."
Mr. Bray said there are no qualifications on that amendment and there are other provisions
in the charter, particularly the one regarding the city manager, which would be contradicted. He said
the amendment clearly would establish a strong mayor form of government, which is basically
characterized as having executive powers with respect to administration of the finances and budget
of the city and having the power (without Council restriction) to hire and fire the workforce.
The City Attorney said the amendment says it would be effective at the end of the Council
election in April 2005 and it has been indicated that the charter would be amended in the meantime
to flesh out what the authority of the mayor would actually be. However, he said it cannot be
assumed that any such amendment would actually occur because that supposes there would be
agreement between some sort of charter commission and the Council and that the voters would
actually approve it. Consequently, he said the proposed charter amendment has to be evaluated based
on the actual enactment of that provision and how it would be applied if it became effective.
Mr. Bray said that the Texas Election Code provides that the City Council shall set the ballot
language. In this circumstance, the case law is very clear that the City Council has the authority to
set the ballot language in a way that conveys to the voters what the effect of the proposition would
be if it were enacted.
He said city staff is recommending that the ballot contain the following language:
"Proposition No. 3, Strong Mayor: For or Against mending the Charter of the City of Corpus Christi
to: I) 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."
Mr. Bray said staff is also recommending the following ballot language for the proposed
charter amendment regarding the marina: "Proposition No. 4, Marina Leases: For or Against
amending the Charter of the City of Corpus Christi to prohibit leases or fi'anchises longer than five
years covering any city property in the Marina area or Cole Park unless first approved by the voters."
Minutes - Regular Council Meeting
September 17, 2002 - Page 13
Mayor Neal called for public comment on Item 22.
Mr. Bill Kopecky, 3609 Topeka, referred to an email he sent the Council members yesterday.
He said he objects to the term "strong mayor" because he said there is no such term that is
recognized as a form of government. He said the strength of the mayor is dependent upon many other
facets within the City Charter, which they hope to amend. He said he also objects to the fact that
nowhere in the proposed language from city staff does it mention the article and section of the
charter that will be amended. He said staff's proposed language also does not mention the effective
date, which can lead the voters to think the change will be effective immediately. He said the
petitioners made it clear to the signers of the petition that it was prospective 2½ years fi.om the time
they were signing it. He said staff's proposed language appears to be more ora political statement
against the mayor-council form of government, which he described.
Mr. Jack Gordy, 4118 Bray, said he also disagrees with the proposed ballot language. He said
the over 9,000 people who signed the petition will expect the ballot to be at least somewhat similar
to the language that was included on the petition. He said the city staff and the Council have been
known to confuse the public. He said the petitioners do not want a "strong mayor"; rather, theywant
a mayor who has to answer to the people and one in which the Council will have some say if they
do not like what the mayor is doing. He said a revision committee will come up with the details on
other aspects of the charter.
Mr. J.E. O'Brien, 4130 Pompano, said he objects to the proposed ballot language, which he
said is a pure political statement emanating fi.om a staffthat will probably have a very bleak future
in Corpus Christi if the amendment is approved by the voters. He said it appears to be unacceptable
to use a colloquial term for formal ballot language for a mayor-council system of government. He
said if that language is adopted, he thinks it will backfire on the Council and marks a new low for
the Council's credibility. He said it is a lie to say that a strong mayor would be able to hire and fire
employees. He said the Packery Channel-TIF ballot had a whole list of amenities that have been
dropped by the wayside, which is another example of misleading the public.
Mr. Gene Guernsey, 14230 San Felipe, said he feels that the proposed ballot language is
written so people will understand it. He said it explains that the opponents of the current form of
government want to abolish it and get rid of the city manager, who has the ultimate responsibility
of hking and firing city employees. He said they want to put in place a strong mayor who will act
in the capacity of the city manager. He said they cannot rely on political action committees to educate
the public but rather they need to tell the voters at the polls what they are voting for.
Mr. R.F. Hasker, 1813 Wallace, read the proposed charter amendment language as well as
staff' s proposed ballot language. He said it is a false statement to say that the entire Council appoints
the city manager because it only takes five Council members to do so. He said the city manager does
not have the authority to hire because there are unions involved. He also referred to the Packery
Channel-TIF ballot language, which he said was confusing to the voters. He added that the petition
does not use the words "strong mayor."
Mr. Ronald Scott, 5929 Shamrock Dr., said he believes that Proposition 3 as proposed for
Minutes - Regular Council Meeting
September 17, 2002 - Page 14
the ballot is misleading when compared to the original language of the petition. He reiterated that
the words "strong mayor" do no appear in the petition, which calls for a "mayor council form of
govemment."
Mr. John Bell, 13750 Primavera, said that currently the city's charter provides that the City
Manager is the chief executive officer and chief administrative officer of the city. He said he does
not think there is any question that the City Manager is responsible for the hiring and firing of all city
employees currently. He said there are different procedures that have to be followed. By emending
the charter to make the mayor the chief executive officer and the chief administrative officer of the
city, the mayor would be in charge of hiring and firing city employees and managing the finances
and other aspects of the city. He said the Council has an obligation to tell it like it is on the ballot.
He said the reality is that if the proposed amendment passes, it would be the strongest mayor form
of government that would exist anywhere in Texas-every other city charter has limitations; even in
Houston the comptroller is independently elected. He added that the courts will have to interpret the
amendment as also amending Article HI of Corpus Christi's Charter. He added that Ruben Bonilla
has agreed to join Citizens Against Strong Mayor.
Mr. Richard J. Herschbach, 4650 Hakel, said the City Charter he has says the Council shall
appoint a city manager who shall be the "chief administrative and executive officer" of the city. He
said all the fire and police civil service law cases say the mayor is the chief executive of the cities
and he is the one who shall appoint fire and police employees to their commissions. He said he
sought clarification fxom several English professors about that phrase and he discussed the mayor's
veto powers. He said when one branch of government tries to control another branch, it is considered
anarchy. He said the ballot language should reflect the petition's language.
Responding to Council Member Noyola, Mr. Bray said that on a charter amendment there
is no prescribed format. The petitioners are free to draft the language of the proposed charter
amendment any way they want to; in this case, they have specifically drafted language to amend
Article I, Section 3 (listed'on page 251 of the agenda material). He said the case law and the Election
Code say that when the Council receives a petition, the Council decides what the ballot language
should be and the Council is not required to submit the exact language of the proposition. He said
the Council can submit language it believes properly calls the voters' attention to what the
proposition is. He said in this case the language that has been drafted by staff would call to the
voters' attention what the effect of the charter amendment would be, which is more complicated than
what appears on the face of the language the petitioners have submitted.
Mr. Noyola said he does not like using the language "strong mayor." Mr. Bray said that
legally, if the amendment is enacted, it will create a strong mayor government without any doubt
according to professors and people who deal in government. He said there are two kinds of mayor
council forms of government: a strong mayor and a weak mayor, which are well-known terms. Mr.
Bray read the following definitions from the Websters Third International Dictionary: "Strong
mayor-a mayor in a mayor-council method of government who is given by a charter a large degree
of control and responsibility; weak mayor-a mayor in a mayor-council method of municipal
government whose powers of policy making and administration are, by charter, in large degree
subordinate to the council." He said if this passes, the mayor's authority will hardly be subordinate
Minutes - Regular Council Meeting
September 17, 2002 - Page 15
to the Council at all; it is a classic strong mayor system. He said the point ofstaf£s recommendation
is that it fairly and honestly presents what the legal effect of the amendment will be if it passes.
Mr. Noyola asked how many people usually vote in these elections. City Secretary Chapa
replied that in a November election there may be a greater turnout, such as a 30% turnout. He said
his office stopped counting the number of signatures when they reached the required amount, which
was right at 7,000. Mr. Noyola said city staff is going against the petitioners.
Council Member Kelly asked if the Council's primary responsibility in determining what the
ballot language should be is to accurately convey to the voters the effect of the proposed charter
amendment. Mr. Bray replied affirmatively. Mr. Kelly said the petitioners have said that if the
amendment is passed, they believe the chief executive and administrative officer of city government
would be an elected official who would be more accountable to the public. He asked whether the
ballot language should first state that if the amendment passes, the chief executive and administrative
officer will be an elected official and that he is not required to have any experience or expertise in
running municipal government. Mr. Bray said the assumption was that voters would know the mayor
is elected. Mr. Kelly said he intends to make a motion to amend Item 22 to reflect those issues.
Council Member Chesney said he thinks it is unfair to say that the staff or Council are trying
to confuse people with the proposed ballot language. He said the petition language was not confusing
but rather it jnst did not explain what a mayor council form of government is. He said he thinks the
ballot language should be even more definitive.
Responding to a question fi.om Mr. Chesney, Mr. Bray said that if the amendment passes,
there are other sections of the charter that probably should be amended in order to comply with the
amended Article I, Section 3. However, there cannot be another charter amendment election for two
years after that (probably April 2005). So the Council could work on those charter amendments itself
or appoint a charter commission to make recommendations. During that process the Council will
probably have serious discussions about the nature of the explicit powers of the mayor. He said the
amendment would go into effect at the end of the April 2005 Council election regardless of whether
there are any other amendments to the charter. Mr. Bray added that almost all cities in Texas over
10,000 population have a council-manager form of govenunent; the smaller cities tend to have
mayor-council forms of government. He said he thinks the charters in such cities as E1 Paso and
Houston are fairly different. Mr. Chesney added that he is tired of hearing the argument that the
Packery Channel ballot language was misleading.
Mr. Chesney asked how Houston's strong mayor form of government operates. Mr. Garcia
replied that there is a civil service system for the rank and file city employees that goes up to the
division head level. He said basically the mayor can appoint all of his own personal staff, which is
extensive, and he can also appoint all of the department heads (police chief, fire chief, public works
director), all of the assistant directors, and the larger division heads. Mr. Chesney questioned whether
Corpus Chhsti's ballot language should be clarified to say that the city manager directly hires and
fires most of the city employees or some of the city employees.
Mr. Garcia pointed out that if the strong mayor system passes in Corpus Christi, it will not
Minutes - Regular Conncil Meeting
September 17, 2002 - Page 16
be the same as the one in Houston because they are not setting up the same checks and balances.
Assistant City Manager Jorge Cmz-Aedo, who worked as the Finance Director for the City of
Houston, explained that the Houston charter requires that a majority of the Council confirms the
mayor's appointments. He said there is no ratification of terminations. Mr. Garcia added that there
are a number of other checks and balances in place in Houston. Mr. Bray reiterated that if the Corpus
Christi charter amendment passes, there will be no checks and balances until another charter
amendment takes place.
Council Member Kinnison asked if additional charter amendments would have to be on the
ballot in 2005 if the proposed amendment passes. Mr. Bray replied that they would not have to be
but it would appear prudent that they would be; however, he said there is no guarantee that those
additional charter amendments would be approved by the voters. Mr. Kinnison asked if the strong
mayor could decide to delegate certain responsibilities and Mr. Garcia said he could but ultimately
it would be up to the mayor. He added that Corpus Cbxisti's current charter states that the Council
is specifically prohibited fxom getting involved in personnel decisions and the authority for making
those personnel decisions would go to the chief executive, which would be the mayor. Mr. Bray said
today is the deadline for putting this issue on the November 5, 2002 ballot.
Mayor Neal said his interpretation of the proposed amendment is that if it passes, any
references in the City Charter to the "city manager" would be replaced with the word "mayor"subject
to any future changes the public might approve. He added that the city would be tied up for two years
in a charter revision argument to determine what other changes might be proposed. Mr. Kinnison
pointed out that the charter currently sets the mayor's salary at $9,000 per year and $6,000 per year
for the Council members. Mayor Neal said he thinks that a strong mayor would come in immediately
and request a salary equal to or greater than the salaxy the City Manager is currently making, subject
to Council approval in the next budget. Mr. Bray said he thinks that would be an issue he would
reserve judgement on at this time. He added that they cannot speculate what, if any, additional
charter amendments would pass.
Council Member Scott said he would support amending Item 22 to delete the words "entire"
and "directly" fi.om the proposed ballot language. He said he believes that the rest of the ballot issues
are moot after this one and he believes the citizens should know what they are voting on. He added
that with regard to Packery Channel, he has not abandoned any portion of that project. Mr. Garcia
said all of the planned amenities for Packery Channel are in the final design. He said they are very
close to implementing it and they hope to be under construction by the first of next year.
Council Member Colmenero said he agrees with Mr. Scott's proposed amendments to the
ballot language. He questioned why the citizens in 1945 changed the city's form of government to
the council-manager form of govemment.
Mr. Kelly asked Mayor Neal whether, prior to being elected mayor, he had ever worked for
a city or had any experience nmning a city. Mayor Neal replied negatively to both questions. Mr.
Kelly said that former Mayor Mary Rhodes was a retired nurse before she was elected mayor. He
said his point is that if the mayor becomes the chief executive and administrative officer of this city,
they are perhaps getting more accountability but they are trading professional city government.
Minutes - Regular Council Meeting
September 17, 2002 - Page 17
Mr. Kelly made a motion to amend Item 22 so that the ballot language is stated as follows:
"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 council appoints a professional manager to
hire and fire most city employees and manage finances and departments; and 2) replace it with a
Strong Mayor form of government, in which an elected mayor who is not required to have any
experience nmning a city government, directly hires and fires most city employees and manages
finances and departments." Mayor Neal said Mr. Kelly's motion died for lack of a second.
Mr. Chesney made a motion to amend Item 22 so that the ballot language is stated as follows:
"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 council appoints a professional manager to
hire and fire most city employees and manage finances and departments; and 2) replace it with a
Strong Mayor form of government, in which an elected mayor hires and fires most city employees
and manages finances and departments." Mr. Scott seconded Mr. Chesney's motion.
Council Member Longoria said he disagrees with Mr. Chesney's proposed amendment
because he thinks people n ced to understand that the mayor would be responsible for all city
employees. Mr. Chesney replied that the language should be as straightforward as possible and the
word "most" clearly articulates that the mayor would not be responsible for all employees. Mr.
Garcia said he can fire anybody but the City Secretary, the Municipal Court judges, and the police
officers below the command rank and the firefighters. Mr. Longoria said if the proposal passes, that
authority would be transferred to the mayor.
Mr. Chapa polled the Council for their votes on Mr. Chesney's motion to amend and it
passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Scott voting "Aye";
Longoria and Noyola voting "No."
Mayor Neal asked if there were any proposed changes to the wording for Proposition No. 4
and there were none. Mr. Chapa then polled the Council on Item 22 as amended, and it passed by
the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and
Scott voting "Aye."
Mr. Garcia said the Council deleted the word "entire" from the ballot language and he
clarified that they are talking about the "City Council" and he asked if staff could make that change
to insert the word "City" before "Council." Mayor Neal called for a voice vote on that proposed
change, and it passed unanimously. He then asked Mr. Chapa to call the roll again on Item 22 as
amended, and it passed as follows:
22. ORDINANCE NO. 025018
Ordinance amending Ordinance No. 024952, which called a Special Election on November
5, 2 002, t o add t o t he b allot a charter amendment proposed b y petition t o change t he
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.
Minutes - Regular Council Meeting
September 17, 2002 - Page 18
An emergency was declared and the foregoing ordinance passed, as amended, as follows:
Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Scott voting "Aye"; Longoria and
Noyola voting "No."
Mayor Neal opened discussion on Item 23, amending the wrecker ordinance. He called for
public comment.
Mr. Alan Lee said he is an attomeyrepresenting Apollo Towing and he wished to particularly
address the consent tow aspects of the proposed amendments. He said it is his opinion that the City
Council does not have the authority to set the rates for consent tows of vehicles. He said the Fifth
Circuit indicated about a year ago that that area has been preempted by the Federal Aviation Act of
1994. He urged the Council to reconsider those provisions.
Mr. Steve Zastrow, Police Depashnent Legal Advisor, said Mr. Lee is correct in that there
is a federal statute that preempts the city from being able to regulate the prices for consent tows. He
said the proposed changes to the ordinance before the Council do not do that. He said the changes
are designed to address one particular category of complaint they have received. In a consent tow
situation where the prices the wrecker companies have charged have come in excessively high, the
city would like to take some disciplinary action against a wrecker owner's permit to help protect the
general public. He said staff believes these changes would be legal under federal law and they are
certainly legal under state law. He said it affects Section 57-233 of the Code of Ordinances (page 268
of the agenda material).
Mr. Joe Dees, owner of Statewide Wrecker Service, said stafftold them theyprobably would
not have to have the type of permit that they now will need. He said the city will be in the motor
carrier regulating business with these proposals. He said he does not agree with the criminal penalties
or with the requirement of a sign on the side oftrneks regarding the drop fees. He said the cost of
enforcing the ordinance will far outweigh the increase in fees. He urged the Council to send the
ordinance back to staff to further refine it.
Ms. Lana White, of Airline Wrecker Service, said they have been part of the city's wrecker
rotation service for 40 years but they are very disappointed with the recent events. She said they are
glad the city is taking action against unscrupulous wrecker companies but they are concerned about
particular aspects of the proposal, such as that the words "parking facility" are not defined and would
be subject to criminal charges. She also objected to the drop fee sign on the trucks. Council Member
Noyola asked several questions about aspects of the proposed ordinance, which Ms. White discussed.
Mr. W.R. Johnson, owner of Johnson's Wrecker Service, said the working time on large
wreckers is overlooked. He said they were told at a meeting with staff that it would be dropped out
altogether. He proposed they raise the working time to $150 per hour.
Mr. Don Smith said he operates a wrecker service out of Aransas Pass. He said they come
into Corpus Christi frequently to pick up vehicles on a consensual basis. He asked if he needs to have
Minutes - Regular Council Meeting
September 17, 2002 - Page 19
a permit to do that. Mr. Zastrow said if his place of business is located outside Corpus Christi and
he is not conducting non-consent tows within the city, he does not need a permit.
Mr. Daniel Puckett, manager of Erika's Wrecker Service and H&H Towing, said if they get
a tow from the island to Callicoatte and Leopard, he is going to charge a different price than the $35
drop fee. He also addressed non-consent tows involving drank vehicle owners.
Mr. Dave Resendez said he is president and owner o f Apollo Towing and Easy Rider
Wrecker Service in Corpus Christi. H e sa id h e h as a fleet o f eight s tate-of-the art t rocks. H e
discussed why a property owner would need a private property impound (PPI) done, which olden
results in a very unpleasant situation for the wrecker driver. Mr. Noyola asked Mr. Resendez several
questions about those impounds and a discussion ensued.
Assistant Police Chief Ken Bung and Mr. Zastrow also replied to Mr. Noyola's questions.
Mr. Zastrow explained that if the property owner has given the wrecker operator the proper
paperwork and they have an agreement, then the wrecker operator can act as that property owner's
agent and can remove cars from the property. He said there have to be signs posted at every entrance
and exit indicating that unauthorized vehicles will be towed at the owner's expense and liability.
Chief Bung said that in the past there was no cap on a private property impound and staff is
proposing a cap of $85.
Mr. Ralph Rivera, of Texas Wrecker Service, said they have been in business for 38 years.
He said with PPIs, the wrecker service has to have the proper paperwork each time. He said he thinks
that should be enforced.
Mr. John Bell, a local attorney, said he was representing some people who paid some of the
wrecker bills. He said they do not object to the increase in the rates on the rotation tows or the
imposition of new rates for non-consensual private property tows. He said a problem has been
created by a small number of wrecker companies, resulting in very deceptive actions and price
gouging. He said price gouging has also occurred on consensual tows in the city limits, some ranging
from $1,000 to as high as $8,000. He asked that the city take into consideration such actions when
they establish the wrecker rotation lists.
Mr. Mike Hating said he is a wrecker driver and he agrees with the proposed increase in fees.
He expressed concern about the rotation list schedule. He said currently a company on the rotation
would be on call from 7 a.m. one day until 7 a.m. the following day. He said staff is proposing to
change it so that a different company is called for each successive tow, which would require the
drivers to be on call 24 hours a day, seven days a week. He said it would be very difficult to plan
things that way.
Mayor Neal said he needed to postpone further discussion on Item 23 in order to hear public
comment on non-agenda items.
Ms. Bette Cranford, 3802 Wilmont, distributed photographs taken two years ago in her
neighborhood which illustrated a severe drainage problem that exists there. She said the flooding that
Minutes - Regular Council Meeting
September 17, 2002 - Page 20
occurred in the last few days h as been even worse. S he s aid s he s poke t o M s. V alerie Gray,
Stormwater Superintendent, about their problem. Council Member Scott asked staff to provide the
Council with a response to Ms. Cranford's concerns.
Mr. Jack Gordy said some board members of the Crime Control District went before police
officers and urged them to vote for the renewal of the district. He said the city's Code of Ethics, the
penal code and the election code said that constitutes a violation. He said he realizes it is no longer
happening but he thinks the Council needs to look into it. Mr. Gordy added that the Council needs
to approve a contract to re-roof City Hall because it has a bad leaking problem.
Mr. R.J. Herschbach said that in 1945 there was a recall of the City Council and there was
a change to the council-manager form of government.
Mayor Neal returned to the discussion on Item 23 regarding the wrecker ordinance. Council
Member Garrett said the reason for requiring that drop fees be indicated on wrecker vehicles is so
that citizens will know what the charges should be. He said he is satisfied with the proposed fees but
the whole idea of amending the ordinance was to deal with the price gouging that was being
conducted by a few wrecker companies. He added that whether a driver has insurance or not should
not be relevant to the consent tow amounts that are charged.
Mr. Garrett then made a motion to table Item 23 until the October 8, 2002, Council meeting
in order to clarify some of the language that the wrecker company representatives discussed. Mr.
Noyola seconded Mr. Garrett's motion. In response to Mr. Noyola, Mr. Garcia explained some of
the proposed fees. Mr. Garrett reiterat, ed that he is satisfied with the fees. There was a voice vote on
Mr. Garrett's motion to table, and it passed unanimously.
23. POSTPONED
Council Member Longoria said staff should meet with the wrecker companies again. Mr.
Garcia said he does not expect there to be agreement because this is a regulatory ordinance.
Mayor Neal said the executive sessions (Items 24, 25 and 26) were withdrawn. He then called
for the City Manager's report. Mr. Garcia said some severe flooding is scheduled to occur on the Oso
Creek. He noted that the Texas Municipal League state convention will be held October 16-19 and
staff is recommending that the Council cancel the meeting of October 15th. Mayor Neal made a
motion to cancel the Council meeting of October 15, 2002, seconded by Mr. Chesney, and passed.
Mr. Garcia said that several items are scheduled for the September 24th Council meeting.
Mayor Neal thanked Mr. McDaniel for the budget performance report, saying that it appears
that the city will end up with a greater unallocated fund balance than anticipated. He also
Minutes - Regular Council Meeting
September 17, 2002 - Page 21
complimented the Police Department for coming in under budget. Mr. McDaniel said the audit will
come out in November, which will change some aspects of the report. Mr. Garcia Said this budget
report is in essence the first draft of the Comprehensive Annual Financial Report. Mayor Neal called
for Council concerns and reports.
Mr. Chesney said he has received several calls fi.om builders about the process they have to
follow with the city and he asked staff to address those concerns. He also announced a town hall
meeting on September 30th at Miller High School in District 1 and a Friends of the Park meeting on
October 9~ at City Hall. He also asked staff to look into speeding problems on Scotland Drive and
he said the September 11~ commemoration ceremonies were very moving. He expressed his
sympathies to the flooding victims.
Mr. Kinnison commended staff for the budget report, particularly for its quality and
timeliness, which is a great improvement from the situation three years ago. Mr. Garrett reported on
a large hole that still exists on Wooldridge Road between Airline and Rodd Field roads. He also
asked staffto look into installing video cameras in police cars. Mr. Garrett also said a Solid Waste
driver has failed to report a damaged container at a condominium on Padre Island.
Mr. Kelly reported on the bad road conditions on Buddy Lawrence Drive. Mr. Garcia said
it needs major reconstruction work but it is not on the city's priority list. Mr. Massey said staff will
look on the Street Department's list. Mr. Kelly said they have been involved in cleaning up the area
around Northside Manor Apartments and he referred to an abandoned laundry facility there. He
asked whether there have been any reported cases of the West Nile virus. Dr. Ardys Boostrom,
Acting Public Health Director, said that to this date, there are no confirmed cases from the Texas
Department of Health but there are some under investigation.
Mr. Colmenero said he will provide staff with an address which has high grass in the front
and he said more enforcement solutions are needed. Mayor Neal said he is glad to hear Mrs.
Colmenero's health is improving.
There being no further business to come before the Council, Mayor Neal adjourned the
Council meeting at 6:40 p.m. on September 17, 2002.
2
a. PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX - One (1)
vacancy with three-year term to 1-02-06.
DUTIES: Those set in Article XVI, Section 59 of the Texas Constitution.
COMPOSITION: Seven (7) members appointed jointly by the City Council and the
Commissioners Court for three-year staggered terms.
MEMBERS TERM
ORIGINAL
APPTD. DATE
Ruben Bonilla, Jr. (City), Chairman
Bernard A. Paulson (City), Vice-Chairman
Yolanda G. Olivarez (County)
Robert J. Gonzalez, Sr. (County)
Anthony E. Pletcher (County)
William D. Dodge, 11I (County)
Mike Carrell (City)
1-02-04 8-12-97
1-02-03 10-08-96
1-02-03 12-18-96
1-02-03 1-11-00
1-02-04 1-01-01
1-02-05 .......
1-02-05 8-28-01
Seeking reappointment
ATTENDANCE RATE OF MEMBER SEEKING REAPPOINTMENT
NO. OF MTGS.
NAME THIS TERM
NO. % OF ATTENDANCE
PRESENT LAST TERM YEAR
Bernard A. Paulson (City)
13 12 92%
OTHER INDIVIDUALS EXPRESSING INTEREST
Cynthia Alcorta
Language Arts Teacher, C.C.I.S.D. Manages a
folklorico studio for children ages 3 and up. (10-09-
Valerie Vargas Ballesteros
Financial Advisor, Merrill Lynch. B.B.A. fi.om the
University of the Incarnate Word - Del Mar College.
Community activities include: member of Hispanic
Chamber of Commerce, the ARK, YffA Marketing
Committee and volunteer for the Instituto de Culturas
Hispanicas. Recipient of Centennial Scholar Award
from Incarnate Word College. (8-07-02)
Regis Barber
President/CEO, South Texas Lighthouse for the Blind.
Received B.A. from OLS College and M.A. for St.
09-24-02.wpd, p. 1
Margaret Canales
J. Bradley Clarke
Bill Clybum
David H. Dear
Juan M. De La Garza
David P. Engel
Randy Farrar
09-24-02.wpd, p. 2
Mary's University. Regional representative for the
General Council of Industries for the Blind and
member of the West Corpus Christi Rotary Club.
($-23-00)
General Adminislxative Assistant, Citgo Refinery.
B.B.A. from the University of Incarnate Word.
Member of Citgo 2001 United Way Committee. (9-
07-01)
Self-employed, Real Estate Sales. (8-06-01)
Engineering Group Leader, Citgo Refining&
Chemical. B.S. in Chemical Engineering (Summa
Cum Laude). Professional and community activities
include: "Zoom into Engineering" program at Texas
A&M University-Corpus Christi, Citgo Engineer
recruiter and science fair judge. (3-08-02)
Asset Manager, City Refining & Chemical.
Professional and community activities include:
Leadership Corpus Christi Class 30, member of Board
International Semen's Center, and President of the
Marine Propeller Club. Recipient of OSPRA award
(state environmental award). (3-13-02)
Owner, Auto America Service Center, Inc.
Associate's degree from Del Mar College. Community
activities include: Rotary Club member and Car Club
(AutoAmerican Race Team) that mentors teenagers.
($-25-0~)
Principal, Engel and Associates, LLC. B.B.A. from
Southern Methodist University. Graduate of the
Harvard University Owner President Management
Program. Has more than 28 years of experience in
all areas of business management, including
acquisitions, divestitures and financial performance
improvement. Leadership Corpus Christi alumni.
($-2~-0~)
President, TexCoast Enterprises, Inc. B.B.A. in
Accounting from Texas A & M University.
Member of the Governmental Relations Committee
Herbie Garcia, Jr.
Emest R. Garza
Paul Grivich
Steven Hall, Ph.D.
Mike T. Johnson
of the Texas Association of Builders. Received the
97-98 Caller Times Best of the Best Readers Choice
Award. (2-16-00)
President, Netreadygo.com, Inc. M.B.A. and
B.B.A. in MIS from Texas A&--Corpus Christi.
Member of Hispanic Chamber of Commerce,
LULAC and Who's Who in Information Systems
Processing. Employed as a Senior Planner with the
City of Houston and Manager in Texas Govemor's
Office during Richards administration. (2-13-00)
President, Ernest R. Garza and Company, P.C.-
Certified Public Accountants. B.B.A. in Accounting,
Corpus Christi State University. Community activities
include: Director of Nueces River Authority Board
(state appointment by former Gov. Bush), Vice-
Chairman of Hispanic Contractor's Association, and
Northwest Business Association member. Recipient
of the 1989 Financial Advocate of the Year Award from
the C.C. Hispanic Chamber of Commerce.
(05-01-01)
Extensive background in finance, accounting and
management. B.S. in Political Science, Sam
Houston State University. Activities include:
former member of the Board of Adjustment and current
member of the Nueces County Tax Appraisal District.
(6-0S-01)
Professor of Accounting, Texas A&M University -
Corpus Christi. B.B.A., M.B.A. and Ph.D. in
Accounting. Active with the Westside Business
Association and the Texas Jazz Festival Society.
(10-11-00)
Administrator, Chrisms Spohn Hospital South. Vice-
President, Chrisms Spohn Health System. M.P.A. in
Public Administration, Texas Tech University.
Certified Registered Nurse and Licensed Nursing
Facility Administrator. Professional activities
include: Diplomat, American College of Healthcare
Executives - Regional Advisory Board and American
College of Healthcare Administrators. (4-01-02)
09-24-02.wpd, p. 3
Randy Lara
Leon S. Loeb
Ed A. Lopez
Joe E. Martinez, Jr.
Marc A. McAllister
Donald Ocker
09-24-02.wpd, p. 4
Marketing Specialist, Driscoll Children's Hospital.
Attended Southwest Texas State University. Active
with the Young Professionals Club, C.C. Chamber
of Commerce ambassador, and Koch Coastal Bend
Community Advisory Council. (9-13-00)
Owner, LandLord Resources, L.L.C.M.B.A. from
Harvard Business School and Master's in Public Policy
from the J.F.K. School of Government at Harvard.
Professional and community activities include:
Advisory Board, C.C. Bank & Trust; Co-chair of
Development, South Texas Institute for the Arts,
Advisory Board for the College of Business,
Texas A&~C. (6-19-01)
Executive Vice-President / Chief Lending Officer,
The Bank of Alice. B.B.A. in Finance, Texas A&I
University; Graduate School of Banking, University
of Wisconsin at Madison. Community activities
include: former member of the Coastal Bend
Workforce Development Corporation, Housing
Authority board and Boys and Girls Club; current
member of Hispanic Chamber and Texas Appraisal
and Licensing Board. (7-22-02)
School Services Consultant, CCISD. M.S. in
Education Administration and B.S. in Secondary
Education fi'om Texas A&I - Kingsville. Activities
include past treasurer of the Christi Center, member
of Phi Delta Kappa and member of the Texas
Association of Secondary School Principals.
Named the Outstanding Principal for. TASSP in
1995. (10-04-00)
President, McAllister Marine Surveying Co. A.A.S.
in Marine Technology. Member of the National
Association of Mar/ne Surveyors, National Fire
Protection Association and Boat and Yacht Council.
(6-06-01)
Owner of Bar D River Ranch. B.S. in Agriculture
from Texas A&M University at College Station.
Director of Corpus Christi A&M Club. (5-15-01)
Eloy H. Salazar
Billy Ray Sayles
Charles W. Schibi
Jane H. Stanford, Ph.D.
Ronald B. Wheaton
Self-employed, Real Estate Investor. Received an
Associates in Business Administration. Member of
the Hispanic Chamber of Commerce, the Nueces
County Tax Appraisal District and the Planning
Commission. (4-25-01)
Therapist, Spiritual Way Addiction Counseling
Service. Holds degrees in mental health, psychology
and Educational Psychology (Associate in Applied
Science, Bachelor of Arts and Master's of Science).
Member of the MHMR Planning Advisory Committee
(current chairman) and the MHMR Provider Network
Advisory Committee. (11-28-01)
Managing Partner, APEX Engineers and Consultants,
Inc. B.S. in Civil Engineering, Texas A&M
University - Kingsville. Member of American
Society of Civil Engineers, American Society of
Mechanical Engineers. Vice Chair of the Board of
Trustees for Texas Lighthouse for the Blind. (3-03-00)
Consultant, Strategic Management Solutions. Serves
as an adjunct professor at Texas A&M - Corpus
Christi. Ph.D. in Organization Theory and Strategic
Management and an M.B.A. Current member of
Leadership Corpus Christi Class XXX, the Chamber
of Commerce and the Hispanic Chamber of
Commeme. (1-29-02)
President, BMW Engineering, Inc. Area of expertise:
Mechanical Engineer. B.S. Michigan State University.
Licensed by Texas State Board of Professional
Engineers. (4-19-00)
09-24-02.wpd, p. 5
3
AGENDA MEMORANDUM
RECOMMENDATION: Motion approving a supply agreement for portable chemical toilet
service in accordance with Bid Invitation No. BI-0117-02 with BFI Waste Services of Texas,
L.P., Corpus Christi, Texas based on low bid for an estimated annual expenditure of $35,484.50.
The term of the supply agreement will be for twelve months with an option to extend for up to
two additional twelve-month periods, subject to the approval of the supplier and the City
Manager or his designee. Funds are budgeted by the using departments in FY 02-03.
BACKGROUND:
Purpose:
Previous Contract:
The portable chemical toilet service will be used by the Aviation,
Gas, Park & Recreation, Police, Solid Waste, Street, Wastewater,
and Water Departments at construction sites and other areas where
toilets are not available.
The option to extend the current contract was not exemised, due to
increases to the quantities required. Staff recommended a re-bid in
an effort to secure more favorable pricing.
Bid Invitations issued: Two
Bids Received: Two
Price Analysis:
As projected, pricing has decreased approximately 28% since the
last contract of October 2000.
Award Basis: Low Bid
The City expects to spend approximately $36,000 annually for this
service. The actual number of toilets used and their frequency of
use are variable, depending upon field work and special events
held during the year.
For evaluation purposes, bidders were requested to submit pricing
as a rate for specific quantities of toilets listed in the bid invitation.
The quantities were determined from historical data indicating
commonly used, repeat items. Rates include annual, monthly,
weekly, daily and weekend or special events; both as fixed at job
site and movable from job site to job site.
Funding:
Department
Park & Recreation
Gas Department
Police
Solid Waste
Street
Wastewater
Water
Aviation
530160 - 1020- 12910
530500 - 4130- 34110
530160 - 1020- 11770
530160 - 1020- 12520
530160 - 1020- 12410
520130 -4200- 33410
530160 -4130 -31520
530160 -4610 -35005
Total
Amount
$25,000
6,000
1,000
3,500
3,000
500
500
3OO
$39,800
Procurement and General Services Manager
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
BID TABULATION
ITEM DESCRIPTION
BID INVITATION NO. BW117-02
PORTABLE CHEMICAL TOILET SERVICE
BFI WASTE SERVICES
OF TEXAS L.P.
CORPUS CHRISTI, TX
UNIT EXTENDED
UNIT PRICE PRICE
D-O-KAN CO.
RPUS CHRISTI, TX
UNIT EXTENDED
PRICE PRICE
1.0
Portable Chemical Toilet Service
Group I
1.1
Toilet fused at jobsite
5
Annual Rate
$825.00
$4,125.00
$867.00
$4,335.00
1.2
Toilet from jobsite to jobsite
7
Annual Rate
925.00
6,475.00
951.00
6,657.00
1.3
Toilet fixed at jobsite
1
Monthly Rate
71.00
71.00
73.50
73.50
1.4
Toilet from jobsite to jobsite
5
Monthly Rate
79.00
395.00
82.50
412.50
1.5
Toilet fixed at jobsite
3
Weekly Rate
38.00
114.00
42.50
127.50
1.6
Toilet fixed at jobsite
2
Daily Rate
38.00
76.00
32.50 (1)
65.00
1.7
Toilet fixed at jobsite
10
Weekend or
42.00
420.00
37.50 (1)
375.00
Special Event Rate
2.0
Handicap Acressible Portable Toilets:
2.1
Handicap toilet fixed at site
1
Monthly Rate
95.00
95.00
115.00
115.00
2.2
Handicap toilet fixed at site
1
Weekly Rate
45.00
45.00
48.00
48.00
2.3
Handicap toilet fixed at site
1
Daily Rate
45.00
45.00
48.00
48.00
2.4
Handicap toilet fixed at site
3
Weekend or
75.00
225.00
82.50
247.50
Special Event Rate
3.
Portable Chemical Toilet Service
Group II - Beach Service
2,463
Annual Rate to
9.50
23,398.50
10.50
25,861.50
service
TOTAL: $35.484.50 $38,365.50
(1) The bid invitation indicated a single award would be made for the entire contract.
NOTE: THE CITY EXPECTS TO SPEND APPROXIMATELY $36,000 FOR THIS SERVICE. THE ACTUAL NUMBER OF TOILETS USED BY
THE CITY AND THEIR FREQUENCY OF USE IS VARIABLE, BEING DEPENDENT UPON FIELD WORK AND SPECIAL EVENTS HELD
DURING THE YEAR. FOR EVALUATION PURPOSES, BIDDERS WERE REQUESTED TO SUBMIT PRICING AS A RATE FOR SPECIFIC
QUANTITY OF TOILETS LISTED IN THE BID INVITATION. RATES INCLUDE ANNUAL, MONTHLY, WEEKLY, DAILY AND WEEKEND OR
SPECIAL EVENTS, BOTH AS FIXED AT JOB SITE AND MOVABLE AND FROM SITE TO JOB SITE.
4
AGENDA MEMORANDUM
RECOMMENDATION: Motion approving the purchase of three (3) "Bullard" thermal
imaging cameras from Four Alarm Fire Equipment, Houston, Texas based on only bid for a total
amount of $29,100. The thermal imaging cameras will be used by the Fire Department. Funds
are available from a grant through the Federal Domestic Preparedness Program.
BACKGROUND:
Purpose:
This equipment will assist the firefighters in locating victims in
structures as well as finding hidden and deep-seated fires. All
objects have a certain temperature and emit waves of thermal
energy called infrared radiation. The hotter an object, the more
energy waves are emitted. A thermal imaging device translates
these energy waves into a viewable image to display a black and
white "picture" of a scene. On the screen of a thermal imager,
hottest objects show as white, coolest objects show as black, and
features of other objects show as varying shades of gray. The
"thermal picture" enables firefighters to see through smoke, find
fires, and identify victims.
Pricing Analysis:
Pricing has remained stable since the last purchase in fiscal year
2002.
Award Basis:
Only bid
This purchase is exempt from the competitive bidding statutes as a
procurement necessary to preserve or protect the public health or
safety of the municipality's residents.
The Fire Department currently has three (3) "Bullard" thermal
imaging cameras in service and all firefighting personnel have
been extensively trained on the proficient use of this type of
camera. As this camera is used in the life saving duties of
firefighters, it has been deemed as a procurement necessary to
protect the public safety of the City's residents.
Funding:
Fire De ~t. 820533-1050-12010
Mich~
Procurement and General Services Manager
$30,000
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
BID TABULATION
"BULLARD" THERMAL IMAGING CAMERA
BUYER: GABRIEL MALDONADO
ITEM VENDOR
1 FOURALARM FIRE EQUIPMENT
HOUSTON, TEXAS
QTY
3
UNIT UNIT PRICE TOTAL PRICE
EACH J $9,700.00
Memo
To: Gabriel Maldonado
From: Captain G. T. Hinojosa
cc: Chief J. J. Adame, M. Hemandez
Date..09/13/02
Re: Purchase of Thermal Imaging Cameras
The Fire Department has been provided a grant through the "Federal Domestic
Preparedness Program" which expires on September 30. 2002. This grant will allow
us the opportunity to pumhase numerous items to better prepare ourselves in the
event of an incident involving weapons of mass destruction.
The department recommends purchasing 3 additional Thermal Imaging Cameras
utilizing the FDPP grant. The Cameras are the Bullard's '9'-3" units which meet the
Fire Department specifications. The cost for each camera is $ 9,750.00 with the total
being $ 29,250.00.
The Fire Department currently has 3 of these units in service. Personnel have been
trained in the use of these cameras, these units have been reliable, and above all,
personnel seem to be comfortable with them. In the event that the Fire Department is
unable to purchase these units through the sole provider policy, it would require the
department to retrain the entire force (340) in the use of another name brand. The
Fire Department feels it is not practical and above all it would be unsafe to alter the
specifications and mix brands or different of types units.
Personnel are often moved from station to station while on shift work. Mixing these
units can lead to confusion performing fire ground operations. The department has to
maintain a uniform type of equipment inventory to provide for a safe working
environment.
This is a Safety Concern to the Fire Department and strongly recommends the
purchase of the Bullard T-3 through Four Alarm.
· Page 1
5
AGENDA MEMORANDUM
DATE:. September 24, 2002
SUBJECT: Youth Outdoor Sports Facilities Lighting Improvements at South Guth Park
(Project #3222) (Bond Issue 2000 Project B-4)
AGENDAITEM:
Motion authorizing the City Manager, or his designee, to award a construction contract in
the amount of $288,900 with Adrian Enterprises of Corpus Christi, Texas, for the Youth
Outdoor Sports Facilities Lighting Improvements project at South Guth Park.
(Bond Issue 2000 Project B-4)
ISSUE: This project was approved November 7, 2000 in the Bond Issue 2000 Package
under Proposition No. 3 Park/Recreation and Museum Improvements. A consultant
contract was executed with Colwell & Associates, Inc. to complete the design phase and
bid phase. ^ construction contract is required to complete the construction phase; and
requires City Council approval.
FUNDING: Funds for this project are available in the Park Department's FY 2001 - 02
Capital Improvement Budget.
RECOMMENDATION: Staff recommends approval of the motion as presented.
Dan Whitworth
Director of Park & Recreation
~el R. Escobar, P. E.,
Director of Engineering Services
Additional Support Material:
Exhibit "A" Background Information
Exhibit "B" Project Budget
Exhibit"C" Bid Tab Summary
Exhibit"D" Location Map
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
SUBJECT: Youth Outdoor Sports Facilities Lighting at South Guth Park (Project #3222)
(Bond Issue 2000 Project B-4)
PRIOR COUNCIL ACTION:
Au.ClUSt 22, 2000 - Ordinance approving FY 2000-2001 Capital Improvement Budget
(Ordinance No. 024162).
November 14, 2000 - Ordinance canvassing retums and dedadng the results of the
Special Election held on November 7, 2000, in the City of Corpus Chdsti for the
adoption of seven propositions; adoption and levying a sales and use tax pursuant
to Section 4A of The Development Corporation ACt as approved by the voters in
Propositions 4 and 5 (Ordinance No. 024269).
February 27, 2001 - Motion authorizing the City Manager, or his designee, to
execute an engineering services contract in the amount of $174,339 with Colwell
& Associates, Inc. for the following projects: (Motion 2001-096).
· South Guth Park Lighting
· Waldron Park Lighting
· Bill Witt Park Lighting
· Dr. Hector P. Garcia Park Lighting
· Price Park Lighting
January 15, 2002 - Ordinance approving FY 2001-2002 Capital Improvement
Budget for $152,674,800 (Ordinance No. 024730)
PRIOR ADMINISTRATIVE ACTION:
October 18, 2000 - Distribution of Request For Qualifications (RFQ) No. 2000-08
- (Public Health and Safety, Parks and Recreation, Street Improvement Projects)
to 73 local architectural and engineering firms.
November 10.2000 - Addendum No. 1 to the Request For Qualifications (RFQ) No.
2000-08 - (Public Health and Safety, Parks and Recreation, Street Improvement
Projects) to 73 local architectural and engineering firms.
January 10, 2001 - Addendum No. 2 to the Request For Qualifications (RFQ) No.
2000-08 - (Public Health and Safety, Parks and Recreation, Street Improvement
Projects) to 73 local architectural and engineering firms.
Page 1 of 3
January 9. 2001 - Administrative approval of deductive Amendment No. 1 to an
engineering services contract in the amount of $(10,023) with Colwell & Associates,
Inc. for the following project:
· Waldron Park Lighting
FUTURE COUNCIL ACTION: Approval of additional construction contracts to complete
the remaining parks under contract by this consultant.
PROJECT BACKGROUND: On Tuesday, November 7, 2000, the City of Corpus Chdsti
held an election to consider a number of ballot propositions to fund major capital
improvements for the community, Bond Issue 2000. The November 7, 2000 election was
held jointly with Nueces County and coincided with the Presidential Election.
The Bond Issue 2000 package includes $30.8 million in projects to be funded from ad
valorem property taxes (a General Obligation Bond Issue) in Public Health and Safety,
Parks and Recreation/Museum, and Street Improvement projects. The proposed projects
target the City's most immediate needs to improve existing physical facilities, provide for
growth, and protect the City's investment in its infrastructure.
Proposition No. 3 Park/Recreation and Museum Improvements includes upgrades and
improvements to city-wide youth sports complexes which includes lighting improvements.
The existing facilities required major updating to meet the high demand for youth sports
facilities on a year-round basis.
PROJECT DESCRIPTION:
This project consists of demolition and installation of sports lighting and electrical
equipment including:
· lighting fixture;
· poles;
· electrical switchgear and controls on Fields No. 1;
· electrical switchgear and controls on Fields No. 7;
· electrical switchgear and controls on Fields No. 12 (additive alt #1 )
The individual fields determined to receive upgraded lighting and irrigation were
determined by the Park & Recreation department in consultation with the individual league
representatives. Working within the allocated budget, this group developed a priority list
of fields to be improved. This project provided for the development of a master plan of all
field lighting improvements needed and put the necessary infrastructure in place to
accommodate future lighting projects in each field as funding allows.
BID INFORMATION: The project consists of one base bid and one additive alternate. The
city received proposals from six (6) bidders on August 7, 2002. (See Exhibit "C") The bids
ranged from:
Page 2 of 3
Base Bid: $288,900 to $380,000
Altemate No. 1Bid: $20,690 to $29,580
Addan Enterprises of Corpus Christi, Texas was the lowest responsive bidder (base bid
only). The Engineer's estimated construction cost for the project is $215,500. The City's
consultant, Colwell & Associates, Inc. and City staff recommend that based on Iow bid and
past satisfactory experience with projects of this type, that a construction contract be
awarded to Addan Enterprises of Corpus Chdsti, Texas, in the amount of $288,900 for the
Youth Outdoor Sports Facilities Lighting Improvements project at South Guth Park.
CONTRACT TERMS: The contract specifies that the project will be completed in 190
calendar days, with completion anticipated by April 2003. This time frame will allow for
maximum flexibility in scheduling construction around team events.
FUNDING: Funds for this project are available in the FY 2001-02 Park & Recreation
Capital Improvement Budget.
Page 3 of 3
YOUTH OUTDOOR SPORTS FACILITIES LIGHTING IMPROVEMENT
SOUTH GUTH PARK (#3222)
PROJECT BUDGET
September 24, 2002
FUNDS AVAILABLE:
Park 2001 Bond Fund
FUNDS REC~UIRED:
ESTIMATED BUDGET
Construction Cost (Adrian Enterprises) $ 288,900.00
Construction Contingencies 14,445.00
Design Consultant (Colwell & Associates, Inc.) 45,777.00
Construction Inspection 14,445.00
Bond Issuance 3,750.00
Engineering Reimbursements 8,250.00
Administrative Reimbursements 1,375.00
Incidental Expenses (Printing, Advertising, etc.) 2,500.00
Total ........................................................................ $ 379,442.00
EXHIBIT "B" J
TABULATION OF BIDS
DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS
Youth Outdoor Sports Facilities Lighting improvements South Guth Park - Phase I Project No. 3222
TABULATED BY: John Rodriguez, P.F. Colwell a Assodatsa, Inm
DATE: 08/07/2002
215,500
TIME OF COMPLETION: 190 CALENDER DAYS
roverneleh
South GIM Park P 3222
Yautlt OuMoor Spans FaRCN
gn
825 Cadwell Ln.
us ChdsS, 7x.78408
KGS Elechic P. O. Box 3828, Vicbrla, Tx. 77903
Falrbalm Electric N. Pon Aw., Carpus
Christi, Tx 78401
fTEM DQTY,
UNIT BASE BID '4DD. ALTERNATE
N0.11
BASE BID ADD. ALTERNATE NO. i
BASE BID ADD. ALTERNATE NO. 1
S LlBhtlng foreball 1
lUckball Field
S 289.900.00 S 22,671.00
S 289,890.00 S23,29000
S303,29000and
Youth Outdoor Sports Facilities lighting Improvements
Soulh GIM Park Phase 1 Project No. 3222
Rabalals I & E-11200 Updver Rd.,
Corpus Cbdsti, TX 78460
Soolt Electric- P.O. Box 1819, CW CIRM, Tx,
78403
F & W Electric- P.O. Box 98, Flaesvllle, Tx. 78114
ITEM DESCRIPTION OTY.
UNIT BASE BID D. ALTERNATE NC
BASE BID ADD. ALTERNATE NO. i
BASE BID ADD. ALTERNATE NO, 1
1 Sports LgMkep M Little League Baseball1
andKkUww FbMe
S 329,690.00 —$7--20690
,690.Oo
S 349,289.00 S 29.580.00
S 380.000.00 27.000.00
S
.InloteaBnl,maos,mayww ua.
Page 1 of 1 01%11 102256 PM
File : \Mpro~ect\BONDissue\projectscouncilexh\B-4-projects.dwg
LOCATIO~ ~
NOT TO ~CALE
P~OJECT 3222 EXHiBiT "D"
OUTD~R SPORTS FACZL~T~ES C~TY COUNCIL EXHZBZT
CI~ OF CORPUS CHRIST/, TE~S
( Bond Issue Projecfs B-4 ~ PAGE: I Of 1
DATE: 09-18-2002
6
AGENDA MEMORANDUM
DATE: September 24, 2002
SUBJECT: Youth Outdoor Sports Facilities Lighting Improvements at Dr. Hector P.
Garcia Park (Project #3220) (Bond Issue 2000 Project B-4)
AGENDAITEM:
Motion authorizing the City Manager, or his designee, to award a construction contract in
the amount of $26,690 with R.E. Rabalais Constructors, Ltd. Rabalais I & E Constructors
of Corpus Christi, Texas, for the Youth Outdoor Sports Facilities Lighting Improvements
project at Dr. Hector P. Garcia Park.
(Bond Issue 2000 Project B-4)
ISSUE: This project was approved November 7, 2000 in the Bond Issue 2000 Package
under Proposition No. 3 Park/Recreation and Museum Improvements. A consultant
contract was executed with Colwell & Associates, Inc. to complete the design and bid
phase. A construction contract is required to complete the construction phase; and
requires City Council approval.
FUNDING: Funds for this project are available in the Park Department's FY 2001 - 02
Capital Improvement Budget.
RECOMMENDATION: Staff recommends approval of the motion as presented.
Dan Whitworth
Director of Park & Recreation
~irr~el R. Escobar, P. E.,
ector of Engineering Services
Additional Support Material:
Exhibit "A" Background Information
Exhibit "B" Project Budget
Exhibit "C" Bid Tab Summary
Exhibit "D" Location Map
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
SUBJECT:
Youth Outdoor Sports Facilities Lighting at Dr. Hector P. Garcia Park
(Project #3220)
(Bond Issue 2000 Project B-4)
PRIOR COUNCIL ACTION:
Au,qusl; 22, 2000 - Ordinance approving FY 2000-2001 Capital Improvement Budget
(Ordinance No. 024162).
November 14, 2000 - Ordinance canvassing returns and declaring the results of
the Special Election held on November 7, 2000, in the City of Corpus Christi for the
adoption of seven propositions; adoption and levying a sales and use tax pursuant
to Section 4A of The Development Corporation Act as approved by the voters in
Propositions 4 and 5 (Ordinance No. 024269).
February 27. 2001 - Motion authorizing the City Manager, or his designee, to
execute an engineering services contract in the amount of $174,339 with Colwell &
Associates, Inc. for the following projects: (Motion 2001-096).
· South Guth Park Lighting
Waldron Park Lighting
· Bill Witt Park Lighting
· Dr. Hector P. Garcia Park Lighting
· Price Park Lighting
January 15, 2002 - Ordinance approving FY 2001-2002 Capital Improvement
Budget for $152,674,800 (Ordinance No. 024730)
PRIOR ADMINISTRATIVE ACTION:
October 18t 2000 - Distribution of Request For Qualifications (RFQ) No. 2000-08 -
(Public Health and Safety, Parks and Recreation, Street Improvement Projects) to
73 local architectural and engineering firms.
November 10, 2000 - Addendum No. 1 to the Request For Qualifications (RFQ) No.
2000-08 - (Public Health and Safety, Parks and Recreation, Street Improvement
Projects) to 73 local architectural and engineering firms.
January 10, 2001 - Addendum No. 2 to the Request For Qualifications (RFQ) No.
2000-08 - (Public Health and Safety, Parks and Recreation, Street Improvement
Projects) to 73 local architectural and engineering firms.
January 9, 2001 - Administrative approval of deductive Amendment No. 1 to an
engineering services contract in the amount of $(10,023) with Colwell & Associates,
Inc. for the following project:
Pacle 1 of 3
· Waldron Park Lighting
FUTURE COUNCIL ACTION: Approval of additional construction contracts to complete
the remaining parks under contract by this consultant.
PROJECT BACKGROUND: On Tuesday, 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, Bond Issue 2000. The November 7, 2000 election was
held jointly with Nueces County and coincided with the Presidential Election.
The Bond Issue 2000 package includes $30.8 million in projects to be funded from ad
valorem property taxes (a General Obligation Bond Issue) in Public Health and Safety,
Parks and Recreation/Museum, and Street Improvement projects. The proposed projects
target the City's most immediate needs to improve existing physical facilities, provide for
growth, and protect the City's investment in its infrastructure.
Proposition No. 3 Park/Recreation and Museum Improvements includes upgrades and
improvements to city-wide youth sports complexes which includes lighting improvements.
The existing facilities required major updating to meet the high demand for youth sports
facilities on a year-round basis.
PROJECT DESCRIPTION:
This project consists of demolition and installation of sports lighting and electrical
equipment including the main electrical switchboard and the reconnection of all service
and feeder circuits.
The individual fields determined to receive upgraded lighting and irrigation were
determined by the Park & Recreation department in consultation with the individual league
representatives. Working within the allocated budget, this group developed a priodty list of
fields to be improved. This project provided for the development of a master plan of all
field lighting improvements needed and put the necessary infrastructure in place to
accommodate future lighting projects in each field as funding allows.
BID INFORMATION: The project consists of one base bid only. The city received
proposals from four (4) bidders on September 11, 2002. (See Exhibit "C") The bids
ranged from:
Base Bid: $26,690 to $42,350
Advantage Electric was deemed non-responsive due to the Bid Bond not being signed by
the Contractor. This did not affect the priority bid order. R. E. Rabalais Constructors, Ltd.
dba Rabalais I & E Constructors of Corpus Christi, Texas was the lowest responsive
bidder. The Engineer's estimated construction cost for the project is $50,000. The City's
consultant, Colwell & Associates, Inc. and City staff recommend that based on Iow bid and
I EXHIBIT "A"
Pa~e 2 of 3
past satisfactory experience with projects of this type, that a construction contract be
awarded R. E. Rabalais Constructors, Ltd. dba Rabalais I & E Constructors of Corpus
Christi, Texas, in the amount of $26,690 for the Youth Outdoor Sports Facilities Lighting
Improvements project at Dr. Hector P. Garcia Park.
CONTRACT TERMS: The contract specifies that the project will be completed in 190
calendar days, with completion anticipated by April 2003. This time frame will allow for
maximum flexibility in scheduling construction around team events.
FUNDING: Funds for this project are available in the FY 2001-02 Park & Recreation
Capital Improvement Budget.
Pa~e 3 of 3
YOUTH OUTDOOR SPORTS FACILITIES LIGHTING IMPROVEMENTS
Dr. Hector P. Garcla (~3220)
PROJECT BUDGET
September 24, 2002
FUNDS AVAILABLE:
IPark2001 Bond Fund
FUNDS REQUIRED:
ESTIMATED BUDGET
$ 65,324'°°1
Construction Cost (Rabalais I & E) $ 26,690.00
Construction Contingencies 1,334.50
Design Consultant (Colwell & Associates, h 27,215.00
Construction Inspection 1,334.50
Bond Issuance 1,875.00
Engineering Reimbursements 3,750.00
Administrative Reimbursements 625.00
Incidental Expenses (Printing, Advertising, 2,500.00
Total ............................................................ $ 65,324.00
EXHIBIT "B" ]
TABULATION OF BIDS
DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS
Youth Outdoor Sports Facilities Lighting Improvements H.P. Garcia Park - Phase 1 Project No. 3220
TABULATED BY: John Rodriguez, P.E., Colwell & Associates, Inc.
DATE: 09/17/2002
CONSTRUCTION BUDGET: $50,000
Youth Outdoor Sports Facilities Lighting
Improvements H.P. Garcia Park Phase 1 Project
No. 3220
Rebalais I & E
11200 UpRiver Rd.,
Corpus Christi, TX 78460
T. L. Electric
3618 Bratton,
Corpus Christi, TX. 78413
Advantage Electric
5910 O'Brien,
Corpus Christi, Texas 78413
ITEM DESCRIPTION
QTY.
BASE BID
BASE BID
BASE BID
1 Youth Outdoor Sports Facilities Lighting
1
$ 26,690.00
$ 27,350.00
$40,900.00
Improvements
Note (1)
Youth Outdoor Sports Facilities Lighting
Improvements H.P. Garcia Park Phase 1 Project
No. 3220
Fairbairn Electric
1821 N. Port Ave.,
Corpus Christi, Tx. 78401
ITEM DESCRIPTION
QTY.
BASE BID
BASE BID
BASE BID
1 Youth Outdoor Sports Factlities Lighting
1
$ 42,360.00
Improvements
Note 1: Non -Responsive
J:%010161BidTabWabonSports Ltg.
Notes: 111 Bid "s Non-responsive. contract not executed. Page 1 of 1 09118 002 9:19 AM
File : \Mproject\BONDissue\pro~ectscouncilexh\B-4-projects. dw~
~ ~ ./~/ //~'~/ ~ ( Greenwood Softboll Complex )
LOCATION ~P ~ ~ ~
NOT TO SCALE
PROJECT 3220 EXHZB~T "D"
OUTD~R SPORTS FACILITIES cI~ ~UNCIL EXHIBIT
c~ o~ co~us c~ST/, ~x~s
L ~GH TZNG DE~A~r~[Nr O~ EN~/N~N~
( Bond Issue Projects B-4 ) PAGE: I Of 1
DATE: 09- 18-2002
7
AGENDA MEMORANDUM
DATE: September 24, 2002
SUBJECT: Youth Outdoor Sports Facilities Lighting Improvements at Bill Witt Park
(Project #3224) (Bond Issue 2000 Project B-4)
AGENDAITEM:
Motion authorizing the City Manager, or his designee, to award a construction contract in
the amount of $221,000 with F & W Electdc Construction, Inc. of Floresville, Texas for the
Youth Outdoor Sports Facilities Lighting Improvements project at Bill Witt Park.
(Bond Issue 2000 Project B-4)
ISSUE: This project was approved November 7, 2000 in the Bond Issue 2000 Package
under Proposition No. 3 Park/Recreation and Museum Improvements. A consultant
contract was executed with Colwell & Associates, Inc. to complete the design and bid
phase. A construction contract is required to complete the construction phase; and
requires City Council approval.
FUNDING: Funds for this project are available in the Park Department's FY 2001 - 02
Capital Improvement Budget.
RECOMMENDATION: Staff recommends approval of the motion as presented.
Dan Whitworth
Director of Park & Recreation
,
~f~{~el R. Escobar, P.E., ' -
Director of Engineering Services
Additional Support Material:
Exhibit "A" Background Information
Exhibit "B" Project Budget
Exhibit "C" Bid Tab Summary
Exhibit "D" Location Map
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
SUBJECT: Youth Outdoor Sports Facilities Lighting at Bill Witt Park (Project #3224)
(Bond Issue 2000 Project B.4)
PRIOR COUNCIL ACTION:
Au.qust 22, 2000 - Ordinance approving FY 2000-2001 Capital Improvement Budget
(Ordinance No. 024162).
November 14, 2000 - Ordinance canvassing retums and declaring the results of the
Special Election held on November 7, 2000, in the City of Corpus Christi for the
adoption of seven propositions; adoption and levying a sales and use tax pursuant
to Section 4A of The Development Corporation Act as approved by the voters in
Propositions 4 and 5 (Ordinance No. 024269).
February 27, 2001 - Motion authorizing the City Manager, or his designee, to
execute an engineering services contract in the amount of $174,339 with Colwell
& Associates, Inc. for the following projects: (Motion 2001-096).
· South Guth Park Lighting
· Waldron Park Lighting
· Bill Witt Park Lighting
· Dr. Hector P. Garcia Park Lighting
· Price Park Lighting
January 15, 2002 - Ordinance approving FY 2001-2002 Capital Improvement
Budget for $152,674,800 (Ordinance No. 024730)
PRIOR ADMINISTRATIVE ACTION:
October 18, 2000 - Distribution of Request For Qualifications (RFQ) No. 2000-08
- (Public Health and Safety, Parks and Recreation, Street Improvement Projects)
to 73 local architectural and engineering firms.
November 10, 2000 - Addendum No. 1 to the Request For Qualifications (RFQ) No.
2000-08 - (Public Health and Safety, Parks and Recreation, Street Improvement
Projects) to 73 local architectural and engineering firms.
January 10, 2001 - Addendum No. 2 to the Request For Qualifications (RFQ) No.
2000-08 - (Public Health and Safety, Parks and Recreation, Street Improvement
Projects) to 73 local architectural and engineering firms.
January 9, 2001 - Administrative approval of deductive Amendment No. 1 to an
engineering services contract in the amount of $(10,023) with Colwell & Associates,
Inc. for the following project:
· Waldron Park Lighting
Page 1 of 3
FUTURE COUNCIL ACTION: Approval of additional construction contracts to complete
the remaining parks under contract by this consultant.
PROJECT BACKGROUND: On Tuesday, November 7, 2000, the City of Corpus Chdsti
held an election to consider a number of ballot propositions to fund major capital
improvements for the community, Bond Issue 2000. The November 7, 2000 election was
held jointly with Nueces County and coincided with the Presidential Election.
The Bond Issue 2000 package includes $30.8 million in projects to be funded from ad
valorem property taxes (a General Obligation Bond Issue) in Public Health and Safety,
Parks and Recreation/Museum, and Street Improvement projects. The proposed projects
target the City's most immediate needs to improve existing physical facilities, provide for
growth, and protect the City's investment in its infrastructure.
Proposition No. 3 Park/Recreation and Museum Improvements includes upgrades and
improvements to city-wide youth sports complexes which includes lighting improvements.
The existing facilities required major updating to meet the high demand for youth sports
facilities on a year-round basis.
PROJECT DESCRIPTION:
This project consists of the demolition of existing obsolete equipment and the installation
of upgraded sports lighting and electrical equipment including:
· lighting fixture;
· poles;
· electrical switchgear and controls on Fields No. 6;
· electrical switchgear and controls on Fields No. 12 (base bid); and,
· electrical switchgear and controls on field 11 (alternate bid).
The individual fields determined to receive upgraded lighting and irrigation were
determined by the Park & Recreation department in consultation with the individual league
representatives. Working within the allocated budget, this group developed a priority list
of fields to be improved. This project provided for the development of a master plan of all
field lighting improvements needed and put the necessary infrastructure in place to
accommodate future lighting projects in each field as funding allows.
BID INFORMATION: The project consists of one base bid and one additive altemate. The
city received proposals from eight (8) bidders on July 17, 2002. (See Exhibit "C") The bids
ranged from:
Base Bid: $219,§90 to $282,000
Alternate No. 1Bid: $49,000 to $ 67,000
The Iow bidder, Rabalais Constructors, Ltd., dba Rabalais I & E Constructors, was deemed
non-responsive due to an invalid bid bond. The second highest bidder, First South Utility
Construction, Inc. was deemed non-responsive because they did not correctly identify the
Page 2 of 3
project by name on the bid bond as required. Therefore, F & W Electrical Construction,
Inc. of Floresville, Texas, is the lowest responsive bidder (base bid only).
The Engineer's estimated construction cost for the project is $197,423. The City's
consultant, Colwell & Associates, Inc. and City staff recommend that based on Iow bid and
past satisfactory experience with projects of this type, that a construction contract be
awarded to F & W Electric Construction of Floresville, Texas, in the amount of $221,000
for the Youth Outdoor Sports Facilities Lighting Improvements project at Bill Witt Park.
CONTRACT TERMS: The contract specifies that the project will be completed in 190
calendar days, with completion anticipated by April 2003. This time frame will allow for
maximum flexibility in scheduling construction around team events.
FUNDING: Funds for this project are available in the FY 2001-02 Park & Recreation
Capital Improvement Budget.
Page 3 of 3
fOUTH OUTDOOR SPORTS FACILITIES LIGHTING IMPROVEN
BILL WITT PARK (#3224)
PROJECT BUDGET
September 24, 2002
FUNDS AVAILABLE:
IPark 2001 Bond Fund
ESTIMATED
BUDGET
$301,565.00
FUNDS REQUIRED:
Construction Cost (F & W Electric) $221,000.00
Construction Contingencies 11,050.00
Design Consultant (Colwell & Associates, Inc.) 42,590.00
Construction Inspection 11,050.00
Bond Issuance 3,750.00
Engineering Reimbursements 8,250.00
Administrative Reimbursements 1,375.00
Incidental Expenses (Printing, Advertising, etc.) 2,500.00
Total ........................................................................ $301,565.00
EXHIBIT"B"
TABULATION OF BIDS Page 1 of 2
DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS
TABULATED BY: "gal R.Recobar, P.E., Director of Engineering Services
DATE: Wednesday, July 17, 2002 TIME OF COMPLETION: 190 Calendar Days ENGINEERS ESTIMATE: $197,423
Youth Outdoor Sports Facilities
F&W Electrical Contr. Inc.
Adrian Enterprises Inc.
ROS Electric Co.
Scott Electric Co.
Lighting Improvements Bill Witt Park Phase 1
P.O.Box 98
825 Cantwell Ln.
P.O.Box 3626
P.O.Box 1819
Project No. 3224
Floresville, TX 78114
C.C., TX 78408
Victoria, TX 77903-3626
C.C., TX 78401
DESCRIPTION
QTY.
UNIT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
To furnish all labor and
materials, tools, and
necessary equipment, and to
perform the work required
for the project, at the
locations set out by the
plane and specifications
and in strict accordance
with the contract documents
TOTAL BASE BID
$221,000.00
$224,900.00
$230,000.00
$234,550.00
TOTAL ADDITIVE ALTERNATE
$56,000.00
$49,000.00
$49,400.00
$54,780.00
NO.1 DID
EXHIBIT "C"
Page 1 of 2
TABULATION OF BIDS Page 2 of 2
DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS
TABULATED By: Aagel R.Escobar, P.H., Director of Engineering Services
DATE: Wednesday, July 17, 2002 TIME OF COMPLETION: 190 Calendar Days
ENGINEER 19 ESTIMATE: $197,423
youth Outdoor Sports Facilities
Fairbairn Electric Inc.
Urban Electrical
*First South Utility
**R.E.Rabalais
Lighting Improvements Bill Witt Park Phase 1
P.O.Box 9787
Services Inc.
Constr.Inc. dba
Constr.Ltd. dba Rabelais
Project No. 3224
C.C., TX 78469
P.O.Box 219
A.O.Hill Power
ISE Constructors
Carrizo Springs, TX
6654 Leopard St.
P.O.Box 10366
78834
C.C., TX 78409
C.C., TX 78460
DESCRIPTION
QTY.
UNIT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT
AMOUNT
PRICE
To furnish all labor and
materials, tools, and
necessary equipment, and to
perform the work required
for the project, at the
locations set out by the
plans and specifications
and in strict accordance
with the contract documents
TOTAL HAaB HID
$252,900.00
$282,000.00
*$264,062.00
**$219,690.00
TOTAL ADDITIVE ALTERNATE
NO, 3, HID
$52,900.00
$67,000.00
*$50,298.00
**$49,831.00
fNnn _➢ne�..�cV..e
_ n.1 v....a A 4 1
**Non -Responsive - Bid Bond was dated 7/19102, regarded as invalid.
EXHIBIT "C"
Page 2 of 2
File ; \Mproject\BONDissue\pro/ectscouncilexh\B-4-projec~s.dwg
NUECES BAY
IH 37
CORPUS CHRIST BAY
N
F.M. 43
CAYO
NAS
FM 2444
BILL WI'FI' PARK-
LOOATION ~
NOT TO SCALE
PROJECT 3224
EXHIBIT "D"
OUTDOOR SPORTS FACILITIES
LIGHTING
( Bond Issue Projects B-4 )
CITY COUNCIL EXHZB_TT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: I of 1
DATE: 09-18-2002
AGENDA MEMORANDUM
DATE: September 24, 2002
SUBJECT: Youth Outdoor Sports Facilities Lighting Improvements at Evelyn Pdce Park
(Project #3221) (Bond Issue 200 Project B-4)
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to award a construction contract in
the amount of $134,690 with R.E. Rabalais Constructors, Ltd. Rabalais I & E Constructors
of Corpus Christi, Texas, for the Youth Outdoor Sports Facilities Lighting Improvements
project at Evelyn Price Park.
(Bond Issue 2000 Project B-4)
ISSUE: This project was approved November 7, 2000 in the Bond Issue 2000 Package
under Proposition No. 3 Park/Recreation and Museum Improvements. A consultant
contract was executed with Colwell & Associates, Inc. to complete the design and bid
phase. A construction contract is required to complete the construction phase; and
requires City Council approval.
FUNDING: Funds for this project are available in the Park Department's FY 2001 - 02
Capital Improvement Budget.
RECOMMENDATION: Staff recommends approval of the motion as presented.
Dan Whitworth
Director of Park & Recreation
',~n§el R. Escobar, P. E.,
Director of Engineering Services
Additional Support Material:
Exhibit "A" Background Information
Exhibit "B" Project Budget
Exhibit"C" Bid Tab Summary
Exhibit "D" Location Map
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
SUBJECT: Youth Outdoor Sports Facilities Lighting at Evelyn Pdce Park (Project ~3221)
(Bond Issue 2000 Project B-4)
PRIOR COUNCIL ACTION:
Au.qust 22, 2000 - Ordinance approving FY 2000-2001 Capital Improvement Budget
(Ordinance No. 024162).
November 14, 2000 - Ordinance canvassing returns and declaring the results of the
Special Election held on November 7, 2000, in the City of Corpus Christi for the
adoption of seven propositions; adoption and levying a sales and use tax pursuant
to Section 4A of The Development Corporation Act as approved by the voters in
Propositions 4 and 5 (Ordinance No. 024269).
February 27, 2001 - Motion authorizing the City Manager, or his designee, to
execute an engineering services contract in the amount of $174,339 with Colwell
& Associates, Inc. for the following projects: (Motion 2001-096).
· South Guth Park Lighting
· Waldron Park Lighting
· Bill Witt Park Lighting
· Dr. Hector P. Garcia Park Lighting
· Price Park Lighting
January 15, 2002 - Ordinance approving FY 2001-2002 Capital Improvement
Budget for $152,674,800 (Ordinance No. 024730)
PRIOR ADMINISTRATIVE ACTION:
October 18, 2000 - Distribution of Request For Qualifications (RFQ) No. 2000-08
- (Public Health and Safety, Parks and Recreation, Street Improvement Projects)
to 73 local architectural and engineering firms.
November 10, 2000 - Addendum No. 1 to the Request For Qualifications (RFQ) No.
2000-08 - (Public Health and Safety, Parks and Recreation, Street Improvement
Projects) to 73 local architectural and engineering firms.
January 10, 2001 - Addendum No. 2 to the Request For Qualifications (RFQ) No.
2000-08 - (Public Health and Safety, Parks and Recreation, Street Improvement
Projects) to 73 local architectural and engineering firms.
January 9, 2001 - Administrative approval of deductive Amendment No. I to an
engineering services contract in the amount of $(10,023) with Colwell & Associates,
Inc. for the following project:
· Waldron Park Lighting
Page I of 3
FUTURE COUNCIL ACTION: Approval of additional construction contracts to complete
the remaining parks under contract by this consultant.
PROJECT BACKGROUND: On Tuesday, November 7, 2000, the City of Corpus Chdsti
held an election to consider a number of ballot propositions to fund major capital
improvements for the community, Bond Issue 2000. The November 7, 2000 election was
held jointly with Nueces County and coincided with the Presidential Election.
The Bond Issue 2000 package includes $30.8 million in projects to be funded from ad
valorem property taxes (a General Obligation Bond Issue) in Public Health and Safety,
Parks and Recreation/Museum, and Street Improvement projects. The proposed projects
target the City's most immediate needs to improve existing physical facilities, provide for
growth, and protect the City's investment in its infrastructure.
Proposition No. 3 Park/Recreation and Museum Improvements includes upgrades and
improvements to city-wide youth sports complexes which includes lighting improvements.
The existing facilities required major updating to meet the high demand for youth sports
facilities on a year-round basis.
PROJECT DESCRIPTION:
This project consists of demolition & Installation of Sports Lighting and Electrical
Equipment including:
· lighting, fixtures,
· poles,
· electrical switchgear and controls on Fields No. 6 and No. 8 (Base Bid) and
· electrical switchgear and controls on Field No. 7 (Alternate Bid No. 1).
The individual fields determined to receive upgraded lighting and irrigation were
determined by the Park & Recreation department in consultation with the individual league
representatives. Working within the allocated budget, this group developed a priority list
of fields to be improved. This project provided for the development of a master plan of all
field lighting improvements needed and put the necessary infrastructure in place to
accommodate future lighting projects in each field as funding allows.
BID INFORMATION: The project consists of one (1) base bid and two (2) additive
alternates. The city received proposals from five (5) bidders on August 21, 2002. (See
Exhibit "C") The bids ranged from:
Base Bid: $134,690 to $149,690
Additive Alternate No. 1 $52,500 to $59,470
Additive Alternate No. 2 $46,900 to $58,630
R. E. Rabalais Constructors, Ltd. dba Rabalais I & E Constructors of Corpus Christi, Texas
was the lowest responsive bidder. The Engineer's estimated construction cost for the
project is $210,000. The City's consultant, Colwell & Associates, Inc. and City staff
I EXHIBIT "A" I
Page 2 of 3
recommend that based on iow bid and past satisfactory experience with projects of this
type, that a construction contract be awarded R. E. Rabalais Constructors, Ltd. dba
Rabalais I & E Constructors of Corpus Chdsti, Texas, for base bid only in the amount of
$134,690 for the Youth Outdoor Sports Facilities Lighting Improvements project at Dr.
Hector P. Garcia Park.
CONTRACT TERMS: The contract specifies that the project will be completed in 190
calendar days, with completion anticipated by Apdl 2003. This time frame will allow for
maximum flexibility in scheduling construction around team events.
FUNDING: Funds for this project are available in the FY 2001-02 Park & Recreation
Capital Improvement Budget.
Page 3 of 3
YOUTH OUTDOOR SPORTS FACILITIES LIGHTING IMPROVEMENTS
Evelyn Price Park (~3221)
PROJECT BUDGET
September 24, 2002
FUNDS AVAILABLE:
IPark 2001 Bond Fund
FUNDS REQUIRED:
ESTIMATED BUDGET
I * 208,671.00I
Construction Cost (Rabalais I & E) $ 134,690.00
Construction Contingencies 6,734.50
Design Consultant (Colwell & Associates, h 43,762.00
Construction Inspection 6,734.50
Bond Issuance 3,750.00
Engineering Reimbursements 9,000.00
Administrative Reimbursements 1,500.00
Incidental Expenses (Printing, Advertising, 2,500.00
Total ............................................................ $ 208,671.00
EXHIBIT "B" I
TABULATION OF BIDS
DEPARTMENT OF ENGINEERING - CITY OF CORPUS CERISTI, TEXAS
TABULATED BY: Angel R.Escobar, P.R., Director of Engineering Services
DATEt Wednesday, August 21, 2002 TIME OF COMPLETIONx 190 Calendar Days
Page 1 of 2
ENGINEER'S EBTXMLTEi $210,000
Youth Outdoor Sports Facilities Lighting
Improvements Evelyn Price Park Phase 1
Project No. 3221
R.E.Rabalais Constructors,
Ltd. dba Rabelais I&E
Constructors
P.O.Box 10366
Corpus Christi, TX 78460
Adrian Enterprises Inc.
825 Cantwell Lane
Corpus Christi, TX 78408
T.L.Blectric Inc.
3618 Bratton Rd.
Corpus Christi, TX 78413
Fairbairn Electric Inc.
1821 N. Port
Corpus Christi, TX 78401
DESCRIPTION
QTY.
UNIT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
TO furnish all labor and
materials, tools, and
necessary equipment, to
perform the work required
for the project, at the
locations set out by the
plane and specifications
and in strict accordance
with the contract
documents.
TOTAL BASE BID:
$134,690.00
$137,900.00
$138,400.00
$146,600.00
TOTAL ADD.ALT.NO.1:
$52,960.00
$53,600.00
$57,927.00
$59,470.00
TOTAL ADD.ALT.N0.2:
$49,960.00
$52,500.00
$58,208.00
$58,630.00
TOTAL BASE BID + ADD.ALT.
NO.1 & ADD.ALT.NO.2:
$237,610.00
$244;000.00
$254,535.00
$264,700.00
EXHIBIT "C"
Page 1 of 2
TABULATION OF BIDS Page 2 of 2
DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS
TABULATED BY: Angel R.Eacobar, P.B., Director of Engineering Services
DATSe Wednesday, August 21, 2002 TIME OF COMPLETION: 190 Calendar Days
ENGINEER'S ESTIMATE, $210,000
Youth Outdoor Sports Facilities Lighting
KMS Electric Company
Improvements Evelyn Price Park Phase 1
P.O.Box 3626
1
Project No. 3221
Victoria, TX 77901
DESCRIPTION
QTY.
UNIT
UNIT PRICE
AMOUNT
UNIT PRICE
AEOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
To furnish all labor and
materials, tools, and
necessary equipment, to
perform the work required
for the project, at the
locations set out by the
plane and specifications
and in strict accordance
with the contract
documents.
TOTAL BASH HID:
$149,690.00
TOTAj`ADD.ALT.NO.1:
$52,500.00
TOTAL ADD.ALT.N0.2,
$46,900.00
TOTAL BASH BID + ADD.ALT.
NO.1 4 A3)D.ALT.NO.2:
249,090.00
EXHIBIT "C"
Page 2 of 2
r T [ ·
~' CORPUS CHRISTI BAY ~NL~
~(3,X~ W. PONt ~ ~ PRICE PARK
LOCATION ~P /
NOT TO SCALE
PROJECT 3221 EXHIBIT "D"
OUTDOOR SPORTS FACILITIES CI~ COUNCIL EXHIBIT ~
c,~ o~ co~PUS C~ST,, r~XAS
L I GH TING ~ru~m o~ ~st~[~t~, s~c~s
( Bond Issue ~rojects B-4 ) ~A~: ~ O~ ~ ~ ~
o~rE: 0~- ~ ~-2002 ~
9
AGENDA MEMORANDUM
DATE: September 24, 2002
SUBJECT: Corpus Chdsti Intemational Airport Lift Station and Sanitary Sewer Relocation
(Project #7174)
AGENDA ITEM:
ao
Motion rescinding authorization for the City Manager, or his designee, to execute a
construction contract with Pate & Pate, LLC in the amount of $ 959,685 for the Corpus
Christi International Airport Lift Station and Sanitary Sewer Relocation project.
Motion authorizing the City Manager, or his designee, to execute a construction
contract with Jalco, Inc. in the amount of $1,026,400 for the Corpus Chdsti Intemational
Airport Lift Station and Sanitary Sewer Relocation project.
ISSUE: Pate & Pate, LLC has not delivered the bonds and insurance certificates required
prior to execution of the contract. Pate & Pate verbally informed the City that it does not
appear that they will be able to perform.
FUNDING: Funds for this project are available in the FY 2001-2002 Wastewater Capital
Improvement Budget.
RECOMMENDATION: Staff recommends approval of the motion as presented.
~/Z~Ange115,. Escobar, P. E.,
Director of Engineering Services
Additional Support Material:
Exhibit "A" Background Information
Exhibit "B" Bid Tab Summary
Exhibit "C" Project Budget
Exhibit "D" Location Map
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
SUBJECT: Corpus Chdsti Intemational Airport Lift Station and Sanitary Sewer Relocation
(Project #7174)
PRIOR COUNCIL ACTION:
1. August 25, 1998 - Resolution approving the financial feasibility plan to fund the five-
year capital improvement program for CClA including the terminal reconstruction
program. (Res. 023426)
2. March 30. 1999 - Approval of recommended Terminal Reconstruction and Landside
Development concept at CClA. (M99-089)
3. Apdl 20, 1999 - Motion to authorize City Manager to execute a contract for
architectural/engineering services with M. Arthur Gensler Jr. and Associates in the
amount of $2,225,000 for the CClA Terminal Building. (M99-105)
4. July 20, 1999 - Adoption of FY99-00 Capital Budget and 2000-2004 CIP Guide
which included Airport Project No. 1, Terminal Building Reconstruction, Airport
Project No. 2, Terminal Apron Construction and Airport Wastewater Lift Station
Relocation. (Ord. No. 023703).
5. December 21, 1999 - Approval of the Terminal Design Concept as presented by the
Gensler Team.
6. January 25, 2000 - Motion to authorize City Manager to execute Amendment No.
1 to the architectural/engineering services contract with M. Arthur Gensler, Jr. and
Associates, Inc. in the amount of $72,095 related to the airport automated access
control system (AACS) and closed-circuit television (CCTV) system for the Terminal
Reconstruction project. (M2000-027)
7. February 23, 2000 - Motion to authorize City Manager to execute a construction
contract in the amount of $1,575,000 with B. E. Beecroft Company, Inc. for
temporary facilities for the Terminal Reconstruction Program. (M2000-66)
8. May 23, 2000 - Motion to authorize City Manager or his designee to execute
Amendment No. 2 to the architectural/engineering contract with M. Arthur Gensler
and Associates, Inc. in the amount of $180,700 related to terminal apron
construction, terminal reconstruction and lift station relocation projects at Corpus
Christi International Airport.
9. January 15, 2002 - Approval of the FY 2001 - 2002 Capital Improvement Budget
for $152,674,800. (Ordinance No. 024730)
10. July 16, 2002 - Motion authorizing the City Manager, or his designee, to execute a
construction contract with Pate & Pate, LLC in the amount of $ 959,685 for the
Corpus Christi International Airport Lift Station and Sanitary Sewer Relocation
project.
FUTURE COUNCIL ACTION: No additional actions are anticipated.
EXHIBIT "A"
Page 1 of 2
PROJECT BACKGROUND: The existing airport lift station was built in 1958 and is difficult
to access. This project will relocate the lift station from the Maintenance Building basement
to an alternative location away from the new terminal building. This will facilitate
maintenance and repairs and minimize proximity to the public. The new location results in
additional gravity mains and a reduction in the length of the force main.
This project needed to proceed in advance of Phase 1 of the CCIA Roadway and Parking
Lot improvements because a portion of the new gravity line was to be installed under the
proposed roadway. Engineering Services modified the alignment to avoid any conflict in
with the CCIA Roadway and Parking Lot improvements.
The lift station has been designed to accommodate future airport development. Although
only two pumps are being installed at this time, the tdplex wet sump will easily provide for
the installation of a third pump if full development of the airport occurs and future flows
necessitate additional expansion.
PROJECT DESCRIPTION: The project consists a wastewater lift station, underground
wastewater lines and manholes. The lift station consists of'
· Duplex pumps installed in a triplex wet sump;
· SCADA control system; and,
· An emergency generator
BID INFORMATION: The project consists of a base bid and one alternate. The City
received proposals from four (4) bidders on July 3, 2002. (See Exhibit "B") The total bids
(base +altemate) ranged from: $ 959,685 to $1,126,368. The apparent Iow bidder (Pate
& Pate) verbally notified the City that they are in financial difficulty and will not be able to
perform. The Engineer's estimated construction cost for the project is $1,049,197.
At this time it is advised that based on Iow bid and past satisfactory experience with
projects of this type, that a construction contract be awarded to Jalco, Inc. in the amount
of $1,026,400 for the Corpus Christi International Airport Lift Station and Sanitary Sewer
Relocation.
CONTRACT TERMS: The contract specifies that the project will be completed in 125
calendar days after the notice to proceed, with completion anticipated by February 2003.
FUNDING: Funds for this project are available in the Wastewater Capital Improvement
Budget.
EXHIBIT "A"
Page 2 of 2
BID TABULATION SHEET
CITY OF CORPUS CHRISTI, TEXAS
Pmject: CORPUS CHRISTI INTERNATIONAL AIRPORT
LIFT STATION & SANITARY SEWER RELOCATION PROJECT
PROJECT NO. 1070
Bid Data: July 3, 2002
Bids Tabulated By. Doug Ellis, PE
Construction Estimate: $1,049,197
Bid Item Description Quantftyj Unit I Unit Price I Total Prim I Unit Price I Total Priv I Unit Price I Total Price I Unit Price Total Pd"
Pawl of 2
Pate & Pate, LLC
Jalce, Inc.
Reese Contracting, Inc.
W. T. Young Construction L P.
BASE BID
300 Valleywood
5148 Lotus Street
6802 Safety Steel Drive
P. O. Box 9197
The Woodlands,
Tx 77380
Houston,
Tx 77045
Corpus Christi, Tx 784118
Corpas Christi, Tx 78489
At
Existing Lift Station: Remove and dispose of all
1
LS
$
8,500.00
$
8,500.00
$ 10,000.00
$
10,000.00
$
32,000.00
$
32,000.00
$
42,000.00
$
42,000.00
existing equipment including controls, wiring and
piping. Fill existing sump with grout and patch all
openings to match exist finish floor elevations.
Complete In place par lump sum.
A2
Grout and abandon existing manhole and install
a
FA
$
500.00
$
4,000.00
$ 1,000.00
$
8,000.00
$
2,000.00
$
16,000.00
$
2,640.00
$
21,120.00
fiberglass liner. Complete in place par each.
A3
Rehabilitate existing manhole and install
2
FA
$
4,400.00
$
8,800.00
$ 8,000.00
$
18,000.00
$
4,000.00
$
8,000.00
$
3,000.00
$
6.000.00
fiberglass liner, complete in place per each.
A4
5 ft diameter fiberglass sanitary sewer manhole,
7
FA
$
800.00
$
5,600.00
$ 11,000.00
$
77,000.00
$
8,000.00
$
56,000.00
$
9,730.00
$
68,110.00
all depths, complete in place per each.
A5
4 R diameter fiberglass sanitary sewer manhole,
5
FA
$
3,000.00
$
15,000.00
$ 4,200.00
$
21,000.00
$
3,000.00
$
15,000.00
S
3,430.00
S
17,150.00
all depths. complete in place per each.
AS
Expose exist. 6" swr. adjacent to exist lift station
1
LS
$
2,000.00
$
2,000.00
$ 2,700.00
$
2,700.00
$
8,000.00
$
8,000.00
$
2,360.00
$
2,360.00
and reroute service. Cut and plug 6" to wet well.
Replacelpatch existing pavement
Complete in place per lump sum
A7
Expose exist 4" swr, and reroute to MH #4.
1
LS
$
2,000.00
$
2,000.00
$ 2,500.00
$
2,500.00
$
3,000.00
$
3,000.00
$
2,138.00
E
2,136.00
Replace/patch existing pavement.
C;omplets in place perlum sum
A8
Tie to existing manhole #16 with 10" san. sewer.
1
LS
$
6,000.00
$
6,000.00
$ 1,000.00
$
1,000.00
$
2,500.00
E
2,500.00
$
3,338.00
$
3,336.00
Complete in piece par lump sum
AB
Z"- Sch. 40 PVC water service to new lift station.
310
LF
$
15.00
$
4,650.00
$ 12.00
$
3,720.00
$
16.00
S
4,960.00
$
29.00
$
8,980.00
Complete in place per linear foot
A10
2'x8" waterline tap for 7 service.
1
LS
$
1,000.00
$
1,000.00
$ 1,200.00
$
1,200.00
$
1,500.00
$
1,500.00
$
1,250.00
$
1,250.00
Complete in place per lump sum.
$
60.00
$
2,400.00
$ 85.00
$
3,400.00
$
70.00
$
2,800.00
$
70.00
$
2,800.00
All
4" sanitary sewer, including bedding and backfill
40
LF
and pavement replacement/patch, all depahs,
complete in place per linear foot.
$
60.00
$
15,760.00
$ 88.00
$
17,338.00
$
40.00
$
7,880.00
$
70.00
$
13,790.00
Al2
6" sanitary sewer, including bedding and backfill
197
LF
and pavement replacement/patch, all depths,
complete in place per linear foot
A13
8" sanitary sewer, including bedding and backfill
924
LF
$
120.00
$
110,880.00
$ 130.00
$
120,120.00
$
45.00
$
41,580.00
$
100.00
E
92,400.00
and pavement replacement/patch, all depths,
complete in place per linear foot
$
130.00
$
294,830.00
$ 134.00
$
293,594.00
$
40.00
$
87,640.00
$
151.00
$
330.841.00
A14
10' Sanitary sewer including bedding and backfill
2191
LF
and pavement repair/patch, all depths,
complete in place par linear foot
A15
Bore and jack 10" sanitary sewer under 3 - 36"
70
LF
$
280.00
$
19,600.00
$ 210.00
$
14,700.00
$
600.00
$
42,000.00
$
336.00
$
23,520.00
storm sewer pipes and under existing 48'
waterline at two locations,
cont is in per linear fool
A16
12" sanitary sewer, including bedding and bacfill
10LF
150.00
$
1,500.00
$ 600.00
$
6,000.00
$
100.00
$
1,000.00
$
180.00
$
1,800.00
and pavement replacement/patch, all depths,
complete in lace linear foot
[$:3
A17
Cut, plug, grout and abandon exist. 8' sewer
3305
LF
.0
$$
9,915.00
$ 2.00
$
6,610.00
$
15.00
$
49,575.00
$
15.00
$
49,575.00
in ace, complete in place per linear fool
EXHISIT"B'
Pawl of 2
CITY OF CORPUS CHRISTI, TEXAS
Project: CORPUS CHRISTI INTERNATIONAL AIRPORT
LIFT STATION & SANITARY SEWER RELOCATION PROJECT
PROJECT NO. 1070
Bid Date: July 3, 2002
Bids Tabulated BY: Doug Ellis, PE
Construction Estimate: $1,049,197
Bid fterni Description I Quardityl Unit I Unk Prke I Total Price Unit Price I Total Priv I Unk Price I Total Price I UnitPrice I Totalprice
Panel, Dewatering System, Paving Structure,
Force Main and Sanitary Sewer Sections, as shown
on Plans, Concrete Pavement, including all
Subgrade and SNI Stabilization, Site Grading,
Fencing, Water System and All Other Lift Station
A,wwatenaran_s_ Complete in Nang per lumo sum.
TOTAL BASE BID:
ADDr11VEIDEDUCTIVE ALTERNATE 1
Bl
Pats 8
Pate, LLC
Jalco, Inc.
$ 1,000.00
Reese Contracting,
$ (19,000.00)
Inc.
W. T. Young Construction L P.
$
4.00
$ 2,580.00
$ 3.00
$
1,935.00
$ 15.00
$
9,675.00
$ 15.00
$ 9,675.00
$
5.00
$ 300.00
$ 15.00
$
900.00
$ 15.00
$
900.00
$ 30.001$
1,800.00
$
1.00
$ 3,370.00
$ 0.50
$
1,685.00
$ 4.00
$
13,480.00
$ 6.00
$ 21.220.00
$ 450,000.00
$ 450,000.00
$ 436,000.00
$
436,000.00
$ 598,287.00
$
596,287.00
$ 411,695.00
$ 411,895.00
$ 958.665.00
$ 1,045,400.00
$
999,m.00
$ 1,130,368.00
Bl
Substitute for Item A21 in Lieu of Reinforced
1
LS
$ 1,000.00
$ 1,000.00
$ (19,000.00)
$ (19,000.00)
$ 50,000.00 1 $ 50.000.00
$ (4,000.00)
$ (4,000.00
Concrete Wet Well Shown on Plans, Substitute a
Fiberglass Wet Well with Concrete Base Slab,
Cement Stabilized Sand Backfill (per Sheet 7A
Fiberglass Manhole Construction Note 13)
Complete with Design Engineering, Approval
Submittals, and All Changes Required to Provide a
Complete Working Lift Station.
Complete in piece per lump sum.
TOTAL ADDITIVEIDEDUCTWE ALTERNATE 1 BID:
$ 1,000.00
$ 19,000.00
$ 50,000.00
1 $ 14,000.00
TOTAL BASE BID+ ADDITWEIDEDUCTIVE ALTERNATE 1 BID:
$ 959.685.00
$ 1,049,7n.Do
EXHIBIT "B"
Page 2 N 2
CORPUS CHRISTI INTERNATIONAL AIRPORT
LIFT STATION AND SANITARY SEWER RELOCATION PROJECT
PROJECT BUDGET
July 16, 2002
IFiscal Year 2001-02 Wastewater Operational Budget
ESTIMATED
1,241,280.00
Construction Cost (Pate & Pate, LLC) $ 1,026,400.00
Construction Contingencies 102,640.00
AE Consultant (M. Aurther Gensler, Jr. & Associates) 49,200.00
Project Management (DMJM Aviation) 5,040.00
Construction Inspection 35,000.00
Testing 6,000.00
Engineerin~l Reimbursements 9,500.00
Administrative Reimbursements 5,000,00
Incidental Expenses (Printing, Advertising, etc.) 2,500.00
Total ..................................................................................................... $ 1,241,280.00
EXHIBIT "C" ]
Page 1 of t
File : \Mproject\councilexhibits\exh7174.dw~
N
Son Patricio County
CORPUS
CHRISTI
BAY
PROJECT LOCATION
1000 INTERNATIONAL DRIVE
CORPUS CHRISTI, TEXAS
LOCATION MAP
NOT TO SCALE
ENTRANCE AND EXIT ROADS
PROPOSED LIFt
STATION
(Projec~ SiZe)
PUBLIC PARKING
-- AIRPORT TERMINAL
CITY PROJECT NO. 1070,7174
SITE LAYOUT
NOT TO SCALE
CORPUS CHRISTI INTERNATIONAL AIRPORT
LIFT STATZON AND SANITARY SEWER
RELOCATION
CITY OF CORPUS CHRISTI, TEXAS
EXHIBIT "D"
CITY COUNCIL EXHIBIT
DEPARTMENT OF ENGINEERING SERVICES
PAGE: I of= 1
DATE: 07-09-2002
10
AGENDA MEMORANDUM
September 24, 2002
SUBJECT:
McArdle Road Street Improvements, Phase 3, Everhart to Holmes Drive
Parcels 9 and 11
Bond Issue 2000, Project No. C-6
AGENDA ITEM: Motion authorizing the City Manager of his designee to execute Real
Estate Sales Contracts with:
a. Adan Martinez and wife, Maria Martinez in the amount of $62,000 plus $1,500
in closing costs and relocation assistance not to exceed $22,500 or Parcel 9.
b. Eric Barnes and wife, Maria Barnes in the amount of $67,000 plus $1,500 in
closing costs and tenant relocation assistance not to exceed $5,250 for Parcel
11.
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 purchase of thirteen 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.
Angel R. Escobar, P. E.
Director of Engineering Services
Background Information
Parcel Map
Contract Summary (Martinez)
Contract Summary (Barnes)
\\ENGINEERING~DATAI\HOME\EUSEBIOG\GEN~Agenda Items\McArdle Rd. St. martinez&bames~,genda memo.doc
BACKGROUND INFORMATION
SUBJECT:
McArdle Road Street Improvements, Phase 3, Everhart to Holmes Drive
Parcels 9 and 11
Bond Issue 2000, Project No, C-6
PRIOR COUNCIL ACTION:
November 14, 2000 - Ordinance canvassing retums and declaring the results of the
Special Election held on November 7, 2000, in the City of Corpus Christi for the
adoption of seven propositions; adopting and levying a sales and use tax pursuant
to Section 4A of the The Development Corporation Act as approved by the voters in
Propositions 4 and 5. (Ordinance No. 024269)
March 27, 2001 - Motion authorizing the City Manager or his designee to execute an
engineering services contract in the amount of $229,195 with Govind and
Associates, Inc. for the Street Improvements at McArdle Road, Phase 3 from
Everhart Road to Holmes Drive. (Motion No. M2001-124)
February 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)
August 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 Pe~a 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 McArdie
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
September 17, 2002 - 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 for Pame116 and with Hesiquio Rodriguez and wife Eva Maria
Rodriguez in the amount of $82,000 plus $1,500 in closing costs and an additional
amount not to exceed $22,500 for relocation assistance, 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. 2002-212 & 2002-
213)
FUTURE COUNCIL ACTION: Council will be required to:
authorize the award of future construction contracts and amendments; and
authorize the approval of any other parcels in the project where acquisition cost
exceeds $25,000
OVERVIEW:
Backqround: 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 rum 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 Mc^rdle Road.
Prior to negotiations, the parcels were appraised separately by John ^. Erickson,
SPA and Marion F. Curington, ASA, both independent contract appraisers.
Parcel 9: The appraised value of $62,000 was offered to Mr. and Mrs. Martinez 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. The Martinez have
agreed to this offer and has executed the Real Estate Sales Contract for the
acquisition. The contract will be escrowed and closed at First American Title
Company.
Exhibit A
2 of 3
Parcel 11: The appraised value of $67,000 was offered to Mr. and Mrs. Eric Bames
for fee simple rights to their property. The City will be acquiring land and all
improvements. In addition, their tenant is eligible for a maximum of $5,250 for
relocation benefits and replacement housing. The Barnes have agreed to the offer
and have executed a Real Estate Sales Contract for the acquisition. The contract
will be escrowed and closed at San Jacinto Title Company.
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 established the policy for ralocation
of homeowners, tenants and businesses, which are displaced as a result of a City
project. Persons occupying the subject property a minimum of 90 days prior to the
initial offer qualify for assistance. In addition, the displaced person must be give a
minimum of 90 days to move out after replacement housing is found. A one year
time limit is given to obtain replacement housing.
Monetary limits for relocation assistance are set by federal guidelines. A maximum
of $22,500 is available for homeowners, $20,000 for businesses and $5,250 for
tenants which would cover moving expenses and purchase assistance for
replacement housing. For moving expenses, the displaced person would choose
between a self-move or one provided by an independent moving company. Payment
for a self-move would be based on a payment schedule dependent on the number
of rooms in the home or rooms of furniture to be moved.
Purchase assistance would involve purchase 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 A
3 of 3
I_=McARDLE RD. ST. IMPS. PHASE
IOI~D 20~)0 PIIO, IECT I10. C-8
EVEII. HART IlO. TO HOLMES DR.
CITY COUNCIL EXHIBIT
Dept. of Engineering 8ewioes
09-17-.02
CONTRACT SUMMARY
Project #6146: McArdle Road Street Improvements, Phase 3 (Everhart to Holmes)
Parcel 9, Adan Martinez and wife, Maria Martinez
Legal Description - Mount Vernon Subdivision, Block 4, Lot 12 (4901 Prinston
Drive)
2. Purchase Price - $62,000
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. martinez\Contract Summary.martinez.doc
Exhibit C
CONTRACT SUMMARY
Project #6146: McArdle Road Street Improvements, Phase 3 (Everhart to Holmes)
Parcel 11, Eric Barnes and wife, Maria Barnes
Legal Description - Mount Vernon Subdivision, Unit 2,, Block 5, Lot 12 (4901
Landsdown Drive)
2. Purchase Price - $67,000
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~Ag~enda Items\McArdle Rd. St. martinez&bames\Contract SummaP/.barnes.doc
Exhibit D I
11
CITY COUNCIL
AGENDA MEMORANDUM
Date: September 24, 2002
AGENDA ITEM:
A. Motion authorizing the City Manager or his designee to accept grant funding in the mount of
$46,058 from the Texas Department of Transportation for Year 3 of the Intersection Traffic
Control Selective Traffic Enforcement Project (STEP) for traffic enforcement overtime within
the Police Department and to execute all related documents.
B. Ordinance appropriating $46,058 from the Texas Department of Transportation for funding
to continue the Intersection Traffic Control Selective Traffic Enforcement Project (STEP)
within the Police Department in No. 1050 Federal/State Grants Fund; and declaring an
emergency.
ISSUE: The State of Texas, Department of Transportation is providing funding for year 3 of the
Intersection Traffic Control Selective Traffic Enforcement Project in the Police Department for
overtime enforcement to reduce driver risk-taking behavior by targeting high frequency crash
intersections.
BACKGROUND INFORMATION: This will be the third year of the grant (10/01/02 - 09/30/03).
The first two years of the program has produced over 7,000 citations and 30 arrests.
The grant places overtime officers in intersections identified as high risk. Hours of the project will
vary with enforcement taking place Monday through Saturday from 7am to 8pm The continued
goals of the grant will be:
1. To reduce the number of crashes occurring at intersections by 10%.
2. To increase the total number of violations written at intersections by at least 19%.
3. To increase driver awareness ofthe various traffic violations that are contributing factors to
intersection crashes through vigorous traffic enforcement activities, media promotions, and
officer presentations.
FUNDING: Officers will be working on an overtime basis with the State providing 100% of eligible
funding for the first 3 years of the grant with the City assuming 25% and 50% of the costs in Years 4
and 5. The City is asked to provide $29,953 for mileage and fringe benefits (State will not cover
retirement costs on overtime).
REQUIRED COUNCIL ACTION: Accepting the grant and appropriating funds.
ADDITIONAL SUPPORT MATERIAL
RECOMMENDATION: Staffrecommends accepting the grant and appropriating the funds.
Contract ~P~~
[] Federal Pass Through
Grant Funds CFDA #20.600_
[] State Grant Funds
Misc. Contract Number: 583XXF6024
Charge Number: 03-01-01-CI-AD
PIN: 17460005741000
TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
THE STATE OF TEXAS **
THE COUNTY OF TRAVIS **
THIS AGREEMENT IS MADE BY and between the State of Texas, acting by and through the Texas Departmem
of Transportation, hereinafter called the Departmem, and City of Corpus Christi, hereinafter called the Subgrantee,
and becomes effective when fully executed by both parties. For the purpose of this agreement, the Subgrantee is
designated as a(n) local government.
AIJTHORITY: Texas Tmusporlafion Code, Chapter 723, the Traffic Safety Act of 1967, and the Highway Safety
Plan for the following Fiscal Year(s) 2003.
WlTNESSETH
Project Title: Intersection Traffic Control STEP
Brief Project Bescription: To reduce driver risk-taking behavior by targeting high frequency crash intersections
AGREEMENT
Grant Period: The Grant becomes effective on 10/01/02. or on the date of final signature, whichever is later, and
ends on 09/30/03.
Maximum Amount Eligible for Reimbursement: $46,061 . Cost incurred after the end of a fiscal year cannnt
be reimbursed without prior written approval from the Department. (See also Article 3, Limitation of Liability,
in the Standard Provisions)
Project Year: 3 Estimated Budget:
TxBOT
Labor $ 46,058
Other Direct Cost 0
Indireet/F&A Cost 0
TOTAL $ 46,058
Project Year:. __ Estimated Budget:
TxDOT
Labor $
Other Direct Cost
lndireetfF&A Cost
TOTAL $ 0
Project Year: __ Estimated Budget:
~DOT
State/l~ral/Other
27,053
2,900
0
29,953
State/Local/Other
0
State/Local/Other
Program Income
0
Program Income
Program Income
Labor $
Other Direct Cost
lndirectlF&A Cost
TOTAL $ 0 0 0
In addition to thc Standard Provisions of the Agreement that follow, the following attachments are incorporated
as indicated as a part of the Grant Agreement:
[] Attachinent A, Project Description
[] Attachment B, Project Budget
[] Attachment C, Standard Assurances
[] Attachment D, Debarment Certification
[] Attachment E, Lobbying Certification (required if amount payable is $100,000 or more)
[] Attachment F, Child Support Statement
Charge Number: 03-O1-01-C1-AD
IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED DUPLICATE COUNTERPARTS TO
EFFECTUATE THIS AGREEMENT.
'FILE SUBGRANTEE
[Legal Name of Agency]
THE STATE OF TEXAS
Executed by and approved for the Texas
Transporlation Commission for the purpose and effect
of activating and/or cargnng out orders, established
policies or work programs approved and authorized by
the Texas Transportation Commission.
[Authorized Signature] By.
[Name and Title]
Date
Al'II:ST:
[Signature]
[Name and Title]
Under authority of Ordinance or Resolution
Number (for local governments):
Date
District Engineer
Texas Department of T~rtation
Director, Traffic Operations Division
Date
Mailin~ Addresses
For the p~ of this agreement, the following addresses shall be used to mall all required notices, reports,
claims, and correspondence. (NOTE: For warrants (checks), the address indicated by the mail code, last three
digits of thc PIN on page 1, shall be used. If that address is not appropriate for warraals, please change the mail
code accordingly and notify TxDOT of any changes.):
For Subgrantee:
Name: P. Alvare~ Jr.
For Texas Department of Transportation:
Title: Chief of Police
OrganiT~tion:
City of Corpus Christi, Police Department
Address: P. O. Box 9016
Corpus Christi, Texas 78469
Phone: ~61-886-2604
Fax: ~61-~6-2607
Charge Number: 03-01-01-C1-AD
STANDARD PROVISIONS
ARTICLE 1. RESPONS~ILITIES OF THE PARTIES
The Subgrantee shall undertake and complete the project as described in Atmchn~ent A, Approved Project
Description, and in accordance with all terms and conditions included hereinafter. The Department shall provide
assistance as appropriate and as specified in said Attachment A.
ARTICLE 2. COMPENSATION
A. Thc method of payment for Lhis agreement will be based on actual costs incurred up to and not to exceed the
limits specified in Attachment B, Approved Project Budget. The amount included in the project budget will
be deemed to be an estimate only and a higher amount can be reimbursed, subject to the conditions specified
in paragraph B hereunder. If Al~achmcnt B, Approved Project Budget, specifies that costs are based on a
specific ram, par-unit cost, or other method of payment, reimbursement will be based on the specified method.
B. Ail payments made bereunder will be made in accordance with Attachment B, Approved Project Budget. The
Subgranlec's expenditures may not exceed any budget category in the Approved Project Budget by an amount
greater than 5% of the total reimbursable amount of the budget without a w~itten agreement amendment.
However, the Subgrantoe must provide written notification to the Department of a change of 5% or less, prior
to payment of the Request For Reimbursement that includes the change, indicating the amount and percent
change and the reason(s) for it. The maximum amount payable shall not be increased as a result of exceeding
a budget category without a written grant amendment.
C. To be eligible for reimbursement under this agreement, a cost must be incurred in accordance with
Attachment B, Approved Project Budget, within the time frame specified in Grant Period on page 1.
Payment of costs incurred under this agrecment is further governed by one of the following cost principles, as
appropriate, outlined in the Federal Office of Management and Budget (OMB) Ci~-'ulars:
A-21, Cost Principles for Educational Institutions;
· A-87, Cost Principles for State and Local Governments; or,
· A-122, Cost Principles for Nonprofit Organi7ations.
E The Subgrantee agroes to submit monthly or quarterly requests for reimbursement, as designated in
Attachment A~ within thirty (30) days after the end of the billing period. The Subgrantee will use billing
statements acceptable to the Department. Thc original billing statement and one copy is to be submitted to
the address shown on page 2 of this agreement.
F. Thc Subgrantee agrees to submit the final request for payment under this agreement within sixty (60) days of
the end of the grant pcrio&
G. Thc Department will exercise all good faith to make payments within thirty days of receipt of properly
prepared and documented requests for payment. Payments, however, are contingent upon the availability of
appropriated funds.
H. Project agreements supported with federal funds are limited to the length of the agreement period and usually
do not receive extended funding beyond three years. If both the Department and the Subgrantee agree that
thc project has demonstrated merit or has potential long-range benefits, the Subgmntee may apply for funding
assistance beyond the three year limit. To be eligible, the Subgrantec must have a cost assumption plan by
the end of thc first twelve months. This plan will mchide a schedule for phasing in funding from its own
resources and the phasing out of funding support from the Department. All plans must be approved by the
Department before any extension beyond the three year limit will be granted. Preference will be given to
those projects for which the Subgrantee has assumed some cost sharing by the end of the first twelve months,
and to those which propose to assume the largest parcenmge of subsequent project costs.
Certain categories of funds may be exempted by the federal government from the time limit requirement.
Unless exempted, all federally-funded agreements am considered to be subject to the time limit provision.
Funding support for all state-funded projects will be limited to the term of the agreement. Any extension
beyond that time will be negotiated on a case-by-case basis.
ARTICLE 3. LIMITATION OF LIABILITY
Because funds arc authorized on a fiscal year basis only, payment of costs incumM hereunder is contingent upon
the availability of funds.
If at, any time during the agreement period the Dcpamncnt determines that there is insufficient funding to continue
the project, the Department shall so notify the Subgrantee, giving notice of intent to terminate the agreement.
Such termination will be conducted in such a manner that will minimize disruption to the Subgrantec and the
Department, and as further specified in General Provision G9, Termination.
The Subgrantee, ffother than a State agency, shall be responsible for settlement of any and all ciaimn and lawsuits
by third parties arising from or incident to the Department's non-payment of the Subgmntec's claim under this
agreement. The Subgrantec expressly acknowledges that its responsibility includes the payment of all damages,
expenses, penalties, fines, costs, charges, and attorney fees, ff the claims or lawsuits are based upon the
Department's non-payment of claim~ submitted under this agreement. The Subgrantee shall defend any suits
brought upon all such claims and lawsuits and pay all costs and expenses incidental thereto, but the Department
shall have the right at its option to participate in the defense of any suit, without relieving the Subgrantce of any
obligation hereunder.
ARTICLE 4. AGREEMENT AMENDMENTS
If at any time during the agreement period the Department determines that additional funds are needed to continue
the project and the maximum amount payable is insufficient, a written amendment is to be executed to authorize
additional funds, if the Department and the Subgmntec determine to continue project funding.
Additionally, any changes in the agreement period, agreement terms or responsibilities or the parties hereto shall
be enacted by written amendment executed by both parties.
The amendment shall be agreed upon by the parties to this agreement and nhall state the change to the mutual
satisfaction of the parties. In no event will the agreement period be extended unless a written amendment is
executed before the completion date specified in Article 1.
ARTICLE 5. ADDmONAL WORK
ff the Subgrantec is of the opinion that any work it has been directed to perform is beyond the scope of this
agreement and constitutes additional work, the Sobgrantee shah promptly notify the Depamnent in writing. In the
event that the Department finds that such work does constitute additional work, the Department shah so advise the
Subgruntee and provide compensation for doing this work on the same basis as the ori~nal work. If the
compensation for the additional work will cause the maxtmam amount payable to be exceeded, a written
amendment will be executed. Any amendment so executed must be approved within the agreement period
specified on the cover page to this Grant.
ARTICLE 6. CHANGES I~ WORK
When the approved project description requires a completed work product, the Department will review the work as
specified in the approved project description, ff the Department finds it necessary to request changes in previously
satisfactorily completed work or parts thereof, the Subgrantee will make such revisions as requested and directed
by the Department. Such work will be considered as additional work and subject to the requirements established in
Article 5.
If the Department finds it necessary to require the Subgrantee to revise completed work to correct errors appearing
therein, the Subgrantee shall make such corrections and no compensation will be paid for the corrections.
ARTICLE 7. GENERAL TERMS AND COI~omoNs
Gl. Indemnification
To the extent permitted by law, the Subgrantee, if other than a Stme agency, shall save harmless the Department
from all claims and liability due to the acts or omissions of the Subgrantee, its agents or employees. The
Subgrantee also agrees to save harndesa the Depaflment from any and all expenses, including attorney fees, all
cou~t costs and awards for damages, incurred by the Department in litigation or otherwise resisting such claims or
liabilities as a result of any activities of the Subgrantee, its agents or employees.
Further, to the extent permitted by law, the Subgrantee, if other than a State agency, agrees to protect, indemnify,
and save harmless the Department from and a~ain~ all claimn, demands and causes of action of eve~ kind and
character brought by any employee of the Subgran~e a~ingt the Department due to personal injuries and/or death
to such employee resulting from any alleged negligent act, by either commlnsion or omission on the part of the
Subgrantee or the Department.
G2. Inspection of Work
The Department and, when federal funds are mvolved, the U. S. Department of Transportation, and any authorized
representative thereof, have the fight at all reasonable times to inspect or otherwise evaluate the work performed or
being performed hereunder and the premises in which it is being performed.
If any inspection or evaluation is made on the premises of the Subgmntee or a subcoma~actor, the Subgrantee shall
provide and require the subcontractor to provide all reasonable facilities and assisianee for the safety and
convenience of the inspectors in the performance of their duties. Ali insp~ons and evalnafions shall be
performed in such a manner as will not unduly delay the work.
G3. Disputes and Remedies
The Sobgrantee shall bc responsible for the settlement of all contractual and admimstmtive issues arising out of
procm'ement entered in suppott of agreement work.
Disputes concerning performance or payment shall be submitted to the Department for settlement with the
Executive Director acting as referee.
This agreement shall not be considered as specifying the exclusive remedy for any dispute or violation or breach of
agreement terms, but all remedies existing at law and in equity may be availed of by either pa~y and shall be
cumulative.
G4. Noncollusion
The Subgrantee warrants that it has not employed or relained any company or person, other than a bona fide
employee working for it, to solicit or secure this agreement, and that it has not paid or agreed to pay any company
or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other
consideration contingent upon or resulting from the award or making of this agreement, ffthe Subgrantee
breaches or violates this warranty, the Department shall have the right to annul this agreement without liability or,
in its discretion, to deduct from the agreement price or consideration, or otherwise recover the full mount of such
fee, commission, brokerage fee, gift, or contingent fee.
GS. Reporting
Not later than thirty days after tho elld of each reporting period, as designated in Attachment A, the Subgrantec
shall submit a performance report using forms provided or approved by the Department. The performance report
will include as a lnlnlnallm (1) a comparison of actual accomplishments to the objectives established for the period,
(2) reasons why established objectives were not met, ff appropriate, and (3) other pertinent information including,
when appropriate, analysis and explanation of cost ovemms or nigh unit costs.
Thc Subgrantee shall submit the final performance report within 30 days alter complelion of thc grant.
The Subgrantce shall promptly advise the Department in writing of events wnich have a sJ~tmificant impact upon
the agreement, including:
Problems, delays, or adverse couditions which will materially affect the ability to attain program objectives,
prevent the meeting of time schedules and objectives, or preclude the attainment of project work units by
established time periods. This disclosure shall be accompained by a statement of the action taken or
contemplated and any Depamnent or Federal assistance needed to resolve the situation.
2. Favorable developments or events that enable meeting time schedules and objectives sooner then anticipated
or producing more work units than originally projected.
G6. R~o~s
Thc Subgrantee agrees to maintain all books, documents, pap~, accounting reconls, end other evidence
pertaining to costs incurred and work performed hereunder, said books, documents, papers, accounting records,
and other evidence pertaining to costs incurred and work performed hereinafter called the records, and shall make
such records available at its office at all reasonable times for the time peried authorized in Article 1, Contract
Period. The Subgrantee further agrees to retain said records for four years from the date of final payment of
contract costs incurred hereunder.
Duly authorized representatives of the Texas State Auditor, the Texas Department of Tmnspertation, the United
States Department of Transportation, and the Office of the Inspector General shall have access to the records at
reasonable times during the period of the agreement and the four years retention period for the purpose of making
audits, excerpts, transcriptions, and other examinatious. This right of access is not limited to the four year pefiud
but shall last as long as the records are retained. If any litigation, claim, negotiation, audit or other action
involving the records has been started before the expiration of the four year retention period, the subgrantec shall
relain the records until completion of the action and resolution of all issues wnich arise from it.
G7. Audit
The Subgrantee shall comply with the requirements of the Single Audit Act of 1984, Public Law (PL) 98-502,
ensuring that the single audit report includes the coverage stipulated in OMB Circular A-133, "Audits of States,
Local Governments, and Other Non-Profit Organi?alions."
GS. Suheontracts
Any subcontract rendered by individuals or or~amzaaoas not a part of thc Subgrantce's organi?ation shall not be
executed without prior authorization and approval of the subcontract by the Depamnent.
Subcontracts in excess of $25,000 shall contain all required provisions of this agreement. No subcontract will
relieve the Subgrantce of its responsibility under this agreement.
G9. Termination
The Departmem may terminate this agreement at any ~ before the da~ of completion whenever it is determined
that the Subgrantee has failed to comply with the conditions of the agreement. The Depm'tment shall give written
notice to the Subgrantee at least seven days prior to the effective date of termination and specify the effective date
oftormination and the reason for termination.
If both parties to this agreement agree that the continuation of the agreement would not produce beneficial
results commensurate with the further expenditure of funds, the pames shall agree upon the termination
conditions, including the effective date and the portion to be terminated.
Upon termination of this agreement, whether for cause or at the convenience of the parties hereto, all finished or
unfinished documents, data, studies, surveys, report% maps, drawings, models, photographs, etc. prepaid by the
Subgrantee shall, at thc option of the Department, become the property of the Department.
The Depaxtment shall compensate thc Subgrantee for those eligible expenses incurred during the agreement period
which are directly attributable to the completed portion of the work covered by this agreement, provided that the
work has been completed in a manner satisfactory and acceptable to the Department. The Subgrantee shall not
incur new obligations for the terminated portion after the effective date of terminatinn.
Except with respect to defaults of subcontractors, the Subgrantee ghall not be in default by reason of any failure in
performance of this agreement in accordance with its terms (including any failure by the Subgrantee to progress in
the performance of the work) if such failure arises out of causes beyond the control and without the default or
negligence of the Subgrantee. Such causes may include but are not limited to acts of God or of the public enemy,
acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine
restrictions, strikes, freight embargoes, and unusually severe weather. In every case, however, the failure to
perform must be beyond the control and without the fault or negligence of the Subgrantee.
Gl0. Gratuities
Texas Transportation Commission policy mandates that employees of thc Department shall not accept any benefits,
gifts or favors from any person doing business with or who reasonably speaking may do business with the
Depamnent under this agreement. The only exceptions allowed are ordinary business lunches and items that have
received the advanced written approval of the Department's Executive Director.
Any person doing bnsmess with or who reasonably ~aking may do business with the Department under this
agreement may not make any offer of benefits, gifts or favors to Department employees, except as mentioned
hereabove. Failure on the part of the Subgrantee to adhere to tiffs policy may result in termination of this
agreement.
Gl1. Compliance With Laws
The Subgrantee shall comply with all Federal, State and local laws, statutes, ordinances, rules and regulations, and
the orders and decrees of any courts or administrative bodies or tribunals ill any matter affecting the performance
of this agreement, including, without limitation, workers' compensation laws, minimum and maximum salary and
wage statutes and regulations, and licensing laws and regulations. When required, the Subgrantee shall furnish the
Department with satisfactory proof of its compliance therewith.
Gl2. Successor~ and Assigns
The Depamnent and the Subgrantee each binds itseff, its successors, executors, assigns and administrators to the
other party to this agreement and to the successors, executors, assigns and administlators of such other purty ill
respect to all covenants of this agreement. The Subgrantee shall not assign, sublet, or transfer intores~ and
obligations in this agreement without written consent of the DepartmenL
G13. Owner~ip of Documents
Upon completion or tenninalion of this agreement, all documents prepared by the Subgrantcc or furnished to the
Subgrantee by thc Department shall be delivered to and become thc prope~y of the Department. All sketches,
photographs, calculations, and other data prepared under this agreement ghall be made available, upon request, to
thc Depa~ment without restriction or limitation of their further usc.
Gl4. Rese~r~es
The Subgrantee warrants that it presently has adequate qnalified p~rsonncl in its employment to perform thc work
required under this agreement, or will be able to obtain such personnel from sources other than the Department.
Unless otherwise specified, the Subgrantce shall furnish all equipment, materials, and supplies required to perform
the work authorized herein.
All employees of thc Subgrantee shall have such knowledge and experience as will enable them to perform the
duties assigned to them. Any employee of the Subgrantee who, in the opinion of the Depa~mem, is incompetent,
or whose conduct becomes detrimental to the work, shall immediately be removed from association with the
project.
Gl5. Property Management
The Subgrantee ghall establish and adminigter a system to control, protect, preserve, use, mainlain, and dispose of
any property furnished to it by the Department or purchased pursuant to this agreement in accordance with its own
property managemem proeeduros, provided that the procedures are not in conflict with thc Department's property
management procedures or property management standards, as appropriate, in:
· 49 CFR 18, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and
Local Governments," or,
· OMB Circular A-110, '~Llnfform Requirements for Grants to Uuivemities, Hospitals, and Other Nonprofit
Organi?ations."
Gl6. Procurement Standards
The Subgrantee ~hall maintain procurement standards which meet or exceed the requirements, as appropriate, of:
· 49 CFR 18, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and
Local Governments," or,
· OMB Circular A-110, "Uniform Requirements for Grants to Universities, Hospitals, and Other Nonprofit
Organizations."
Gl7. Insurance
When dirooed by the Dcpamnent, the Subgrantee, ff other than a State agency, shall provide or shall reqRLre its
subcontractors to secure a policy of insurance in the maximum statuto~ limits for tort liability, naming thc
Department as an additional insured under its terms. When so directed, the Subgrantee shall provide or shall
require its subcontractor to furnish proof of insurance on TxDOT Form 20.102 (12/91 ) to the Department, and
shall maintain thc insurance during the grant period established in Afficlc 1.
GIB. Equal Employment Opportunity
The Subgrantee agrees to comply with Executive Order 11246 entitled "Equal Employment Opportunity" as
amended by Executive Order 11375 and as supplemented in Department of Labor Regulations (41 CFR 60).
Gl9. Nondiscrimination
During thc performance of tiffs agreement, the Subgrantcc, its assigns and successors in interest, agrees as follows:
1. Complllince with Re~uiatians: Thc Subgrantee shall comply with the regulations relative to nondiscrimination
in federally assisted programs of the U.S. Department of T~rtation, Title 49, Code of Federal Regulations,
Part 21 and Title 23, Code of Federal Regulations, Part 710.405(h), as they may be amended from time to time
(hereinafter referred to as the Regulations), which are hereto incorporated by reference and made a part of this
agreement.
2. Nondiscrimination: Thc Subgrantee, with regard to the work performed by it during the agreement, shall not
discriminate on the grounds of race, color, sex, or national origin in the selection and retention of subcontractors,
including procurement of materials and leases of equipment. The Subgrantec shall not participate either directly or
indirectly in the discrimination prohibited by Section 21.5 and Part 710.405Co) of the Regulations, including
employment practices when the agreement covers a program set forth in Appendix B of the Regulations.
3. Solicitations for Subcontracts~ Including Procurement of Materials and Equipment: In all solicitations
either by competitive bidding or negotiation made by the Subgrantee fur work to be performed under a subcontract,
including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be
notified by the Subgran~e of the Subgran~e's obligations under this agreement and the Regulations relative to
nondiscrimination on the grounds of race, color, sex, or national origin.
4. Information and Reports: The Subgrantee shall provide all information and reports required by the
Regulations, or directives issued pursuant thereto, and shah permit access to its books, records, accounts, Other
sources of information and its facilities as may be determined by the Department or the U.S. Department of
Transportation to be pertinent to ascertain compliance with such Regulations or directives. Where any information
required of the Subgrantee is in thc exclusive possession of another who fails or refuses to furnish this information,
the Subgrantea shall so cortify to the Department or the U.S. Department of Transportation as appropriate, and
nhall set forth what efforts it has made to obtain the information.
5~ Sanctions for Noncompliance: In the event of the Subgrantee's noncompliance with the nondiscrimination
provisions of this agreement, the Depamnent shall impose such sanctions as it or the U.S. Department of
Transportation may determine to be appropriate, including but not limited to:
· withholding of payments to the Subgrantee under the agreement until the Subgrantee complies, and/or
· cancellation, termination, or suspension of the agreement in whole or in part
6. Incorporation of Provisions: The Subgrantce shall include the provisions of paragraphs 1 through 5 in every
subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations or
directives issued pursuant thereto. The Subgruntec shall take such action with respect to ally subconUact or
procurement as the Department may direct as a means of enforcing such provisions including sanctions for
noncompliance; provided, however, that in the event a Subgrantec becomes involved in, or is threatened with
litigation with a subconlractor or supplier as a result of such direction, the Subgrantcc may request the Department
to enter into such litigation to protect the interests of the Depar'u-nent; in addition, the Subgraatee may request the
United States to enter into such litigation to protect thc interests of the United States.
G20. Disadvantaged Business Enterprise
It is the policy of the U.S. Department of Transportation lhat Disadvantaged Business Enterprises as defined in 49
CFR Part 26, shall have thc opportunity to participate in thc performance of contracts financed in whole or in part
with Federal funds. Consequently the Disadvantaged Business Enterprise requirements of 49 CFR Part 26, apply
to this agreement as follows:
· The Subgrantee agrees to insure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, have
the opportunity in the performance of contracts and subcontracts financed in whole or in part with Federal
funds. In this regard, the Subgrantee shall make good faith efforts in accordance with 49 CFR Par 26, to
insure that Disadvantaged Bnsmess Enterprises have thc opportunity to compete for and perform contracts
· The Subgrantea and any subcontractor shall not discriminate on the basis of race, color, national origin, or
gender in the award and performance of contracts funded in whole or in part with Federal funds.
These requirements shall be physically included in any subcontract.
Failure to carry out the requirements set fotth above shall constitute a breach of this agreement and, after the
notification of the Department, may result in termination of the agreement by the Department or other such remedy
as the Department deems appropriate.
G21. Debarmenl/Suspension
The Subgrantce is prohibited from maki~lg any award or permitting any award at any tier to any pat~y which is
debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs
under Executive Order 12549, Debarment and Suspension.
The Subgrantee shall require any party to a subcontract or purchase order awarded under this agreement to certify
its eligibility to receive federal grant funds, and, when requested by the Department, to furnish a copy of the
certification.
G22. Signatory Warranty
The signatory for the Subgrantee hereby represents and warrants that she/he is an officer of the organi?arion for
which she/be has executed this agreement and that she/he has full and complete authority to enter into this
agreement un b~half of the organization. At the time the signatory for the Subgrantce signs the grant agreement,
or within thirty days, he/she will sign a letter designating signature authority by position title for grant-related
documents other than the grant agreement or grant agreement amendments. These other grant-related documents
will include, but not be limited to, the following: cost assumption plan, application for project extension,
admimswative evaluation report, requests for reimbursement (RFR), and murine correspondence.
G23. Assurances and Certification
Thc Subgrantee attests that thc assurances included m Attachment C of this agreement and the certification
included in Attachment D of this agreement are accurate and current.
G24. Inteileetual Property
Intellectual property consists of copyrights, patents, and any other form of intelicctual property rights covering any
data bases, software, inventions, training manuals, systems design, or other proprietary information in any form or
medium.
Copyrights: TxDOT, the [other party to the contract], and the federal government reserve a royalty-flee,
nonexclnsive, and hxevocable license to reproduce, publish, or otherwise use and to authorize others to use for
govemment p~s:
· the copyright in any works developed under this agreement or ander a subgrant or contract under this
agreement; and,
· any rights of copyright to which the [other party to the contract], its subgnmtce, or contractor purchases
ownership of with financial assistance hereunder.
Patents: Rights to inventions made under th/s agreement shall be determined in accordance with 37 CFR 401. The
standard patent rights clause at 37 CFR §401.14 as modified below is hereby incorporated by reference:
· the terms "to be performed by a small business firm or domestic nonprofit organization" shall be deleted from
paragraph (g)(l) or the clause;
· Paragraphs (g)(2) and (g)(3) of the clause shall be deleted; and
· Paragraph (1) of thc clause entitled "Communications," shall read as follows: "(1) Conmaunications. All
notifications required by this clause shall be submitted to TxDOT."
If the grant results in the development of any intellectual property as defined in Transportation Code, Section
201.205, the Department and the Subgrantee shall jointly own all the rights, title, and interests in and to all data
and other information developed under the grant. Each agency may license, reproduce, publish, modify, or
otherwise use and authorize others to use the copyright in any work developed under this grant. All such
documents will coolaln a copyright mark acknowledging this joint ownership. There will not be a charge to either
agency for such use.
ATTACHMENT A
APPROVED PROJECT DESCRIPTION
INTERSECTION TRAFFIC CONTROL (ITC)
SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP)
City of Corpus Christi
(Name of Subgrantee)
I. PROBLEM IDENTIFICATION:
In the City of Corpus Christi, the number of intersection crashes has increased over
100% since 1990. The chart below details the number of crashes and intersection
crashes for 1999, 2000, and 2001
#
Year crashes intersection % at Fatalities Injury Injury crashes % at
crashs intersection ~ intersection Crashs ~ intersection intersection
1999 971 .'. 4785 49°~ 3777 1957 52%
2000 9157 4855 53°~ 3277 1868 57%
2001 744; 4441 60% 1; 283E 1629 57%
Source: City of Corpus Christi, Traffic Engineenng
Because of the large percentage of intersection crashes and injuries, the City of
Corpus Christi will continue to focus efforts on the intersections with the greatest
number of crashes. Efforts will address the numerous traffic violations that are
contributing factors in crashes, which in turn will reduce the number of fatality, injury,
and crash numbers.
The City of Corpus Christi has experienced a rapid growth pattern in two primary
areas: a five mile area along South Padre Island (SH358) from Ayers to Staples and a
three mile area along Saratoga BIvd from Weber Road to Staples Street. This has
resulted in a tremendous amount of congestion at 9 major intersections along these
two main thoroughfares. The City of Corpus Christi, Traffic Engineering Division,
Department of Engineering Services prepares an annual report titled Traffic Accident
Location Report compiled using data from the City of Corpus Christi TRASER
Computer Program Traffic Accident Analysis System. TRASER compiles pertinent
traffic crash data and characteristics of all traffic crashes in the City.
Through TRASER data, the same nine (9) major intersections identified in 1999
continued in 2000 to have the highest frequency and severity of crashes. The 2001
data further supports these intersections, and the 2001 report can be found following
this Attachment A.
II. OBJECTIVE/PERFORMANCE GOALS:
Objective:
To conduct an Intersection Traffic Control (ITC) STEP in Corpus Christi
by September 30, 2003.
ITC 7/02 1
Performance Goals:
To reduce the number of crashes occurring at intersections by 10 % from the
baseline year (12 months: October 1, 1998 through September 30, 1999) total
number of 4,746 intersection crashes to 4,271 intersection crashes by
September 30, 2003.
To increase the total number of citations at intersection by at least 20% from the
baseline year (12 months: October 1, 1998 through September 30, 1999) total
number of 11,145 citations to 13,374 citations by September 30, 2003.
C. To complete administrative and general grant requirements by
September 30, 2003.
D. To support grant enforcement efforts with a public information and education
(PI&E) program by September 30, 2003.
Nothing in this agreement shall be interpreted as a requirement, formal or informal,
that a police officer issue a specified or predetermined number of citations in
pursuance of the Subgrantee's obligations hereunder.
III.
PERFORMANCEINDICATORS
The following performance indicators shall be included in the Performance Reports,
Annex Reports, and summarized in the Administrative Evaluation of this Grant:
A. Number and type of citations/arrests issued under STEP.
ITC 7/02
Points per hour for STEP Enforcement - point assignments for arrests/citations
elements issued under STEP Grant Agreement:
Goal Elements* Points Assi,qned
ITC 2
Other Elements** Points Assi.qned
Citations 1
DWI 18
Other Arrests 6
* Goal Elements - enforcement activities defined by performance goals and accomplished during STEP.
** Other Elements - enfomement activities not defined by performance goals but accomplished during
STEP.
Subgrantee total number and type of citations/arrests including STEP.
Number of STEP enforcement hours worked.
2
IV.
E4
F.
G.
H.
I.
J.
Maintenance of non-STEP activity.
Number of ITC related crashes.
Number of presentations conducted in support of this grant.
Number of persons attending presentations.
Number of media exposures (i.e., news releases and interviews).
Number of community events in which STEP officers participated (i.e., health or
safety fairs, booths).
Number of public information and education materials produced.
Number of public information and education materials distributed (by item).
RESPONSIBILITIES OF THE SUBGRANTEE:
Carry out the objective/performance goals of this grant by implementing the
Action Plan in this attachment.
Prior to enforcement activity, develop an Operational Plan according to the
Department's site selection criteria, and submit for approval either as an
attachment to this grant or within 30 days of grant start. The Operational Plan
will include: STEP Site; Site description; and enforcement period.
Implement the Operational Plan as approved. (Please check appropriate box
below)
[] The operational plan is approved as part of the grant agreement.
[] The operational plan will be submitted for approval within 30 days of grant
approval. No enforcement activity can begin until the operational plan is
approved.
Changes to the operational plan may be made by mutual written agreement as
signed by authorized representatives of both the Subgrantee and the
Department.
All newly developed public information and education (PI&E) materials must be
submitted to the Department for written approval prior to final production.
An Administrative Evaluation summarizing all activities and accomplishments
will be submitted on Department approved forms no later than 45 days after the
grant ending date.
ITC 7/02 3 .L.
ITC 7/02
Attend meetings according to the following:
The Subgrantee will arrange for meetings with the Department as
indicated in the Action Plan to present status of activities, discuss
problems and schedule for the following quarter's work.
The project coordinator or other qualified person will be available to
represent the Subgrantee at meetings requested by the Department.
For out-of-state travel expenses to be reimbursable, the Subgrantee must have
obtained the approval of the Department prior to the beginning of the trip.
Grant approval does not satisfy this requirement.
Maintain verification that wages or salaries for which reimbursement is
requested is for work exclusively related to this project.
In addition to ITC STEP enforcement activities, maintain the agency's total non-
STEP enforcement citations/arrests at no less than the level attained prior to
grant approval.
Ensure that the enforcement hours worked under the grant are for STEP
activities.
Ensure that each officer working on the STEP project will complete an officer's
daily report form. The form should include: name, date, badge/identification
number, type grant worked, grant site number, mileage if applicable (including
starting and ending mileage), hours worked, type citation/arrest, officer and
supervisor signatures.
Ensure that no officer above the rank of Lieutenant (or equivalent title) will be
reimbursed for enforcement duty.
Support grant enforcement efforts with public information and education (PI&E).
Enforcement salaries being claimed for PI&E activities must be included in the
budget.
Subgrantees with a Traffic Division will utilize traffic personnel for this grant
unless such personnel are unavailable for assignment.
Ensure that salaries for employees reimbursed under this grant will in no way
supplant (i.e., replace state or local expenditures with the use of federal grant
funds) Subgrantee wages for activities which are already supported by local or
state funds.
Subgrantee may work additional STEP enforcement hours on holidays or
special events not covered under the Operational Plan. However, additional
hours must be reported in the Project Performance Report that covers the time
period for which the additional hours were worked.
If an officer makes a STEP-related arrest during the shift, but does not
complete the arrest before the shift is scheduled to end, the officer can
continue working under the grant to complete that arrest.
The Subgrantee should have a safety belt use policy. If the Subgrantee
does not have a safety belt use policy in place, a policy should be
implemented during the grant year.
RESPONSIBILITIES OF THE DEPARTMENT:
A. Monitor the Subgrantee's compliance with performance obligations and fiscal
requirements of this grant.
B. Provide program management, technical assistance, and attend meetings as
appropriate.
C. Reimburse the Subgrantee for all eligible costs as defined in Attachment B,
Approved Project Budget.
D. Requests for Reimbursement will be processed up to the maximum amount
payable as indicated on the cover page of this agreement. Perform an
administrative review of the project at the close of the grant period to include a
review of adherence to budget, Action Plan and attainment of
objective/performance goals.
ITC 7/02 5
FY 2003 ACTION PLAN
PROJECT TITLE: Intersection Traffic Control STEP
SUBGRANTEE: City of Corpus Christi
OBJECTIVE: To conduct an ITC STEP in Corpus Christi by September 30, 2003, KEY: P = planned activity
C = completed activity
PERFORMANCE GOAL: To complete administrative and general grant requirements by September 30, 2003. R = revised
ACTTVTTV
RFSP0NRTFT.F
PRQTFrT
OC
NO
DE
JA
FE
MR
I AP
I MY
JN
JL
AU
SE
OC
NO
1. Grant delivery meeting held.
Department
P
2. Requests for Reimbursement submitted.
Subgrantee
P
P
P
P
P
P
P
P
P
P
P
P
3. Performance and Annex Reports submitted.
Subgrantee
P
P
P
P
P
P
P
P
P
P
P
P
4. Grant progress review meeting.
Subgrantee & Department
P
P
P
P
5. Conduct on-site monitoring visit.
Department
P
6. Submit Cost Assumption Plan.
Subgrantee
P
7. Administrative Evaluation submitted.
Subgrantee
P
S. Submit letter regarding signature authority.
Subgrantee
P
9. Submit operational cost per vehicle mile
Subgrantee
P
If applicable).
10, Submit Operational Plan for approval.
Subgrantee
P
11. Conduct enforcement efforts.
Subgrantee
P
P
P
P
P
P
P
P
P
P
P
P
12. Submit Project Extension Request
Subgrantee
P
(if applicable).
ITC 7/02
FY2003 ACTION PLAN
PROJECT TITLE: Intersection Traffic Control STEP
SUBGRANTEE: City of Corpus Christi
OBJECTIVE: To conduct an ITC STEP in Corpus Christi by September 30, 2003. KEY: P = planned activity
C = completed activity
PERFORMANCE GOAL: To support grant enforcement efforts with a public information and education (PI&E) program R = revised
by September 30, 2003.
ACTIVITY
RESPONSIBLE
PROJECT MONTH
OC
NO
DE
JA
FE
MR
I AP
MY
JN
JL
AU
SE
OC
NO
1. Contact the Department regarding PI & E
Subgrantee
P
P
procedures and planning.
2. Determine types of materials needed.
Subgrantee
P
P
3. Submit the PI & E plan to the Department
Subgrantee
for approval.
P
P
4. Approve plan.
Department
P
5. Distribute materials.
Subgrantee
P
P
P
P
P
P
P
P
P
P
6. Maintain records of all PI & E material
Subgrantee
P
P
P
P
P
P
P
P
P
P
received/distributed.
7. Report on activities.
Subgrantee
P
P
P
P
P
P
P
P
P
P
8. Conduct news conference(s)
Subgrantee
P
P
P
9. Issue news release(s).
Subgrantee
P
P
P
10. Conduct presentations.
Subgrantee
P
P
P
P
P
11. Participate in community events (i.e.,
Subgrantee
P
P
P
P
P
health or safety fairs, booths).
ITC 7/02
OPERATIONAL PLAN FOR ITC STEP
Corpus Christi
STEP SITE DESCRIPTION ENFORCEMENT PERIOD
SITE
NUMBER
AND TYPE
t Everhart and South Padre Island Ddve Monday through Saturday
7:00 am to 8:00 pm
2 Staples and South Padre Island Drive Monday through Saturday
7:00 am to 8:00 pm
3 Ayers and South Padre Island Drive Monday through Saturday
7:00 am to 8:00 pm
4 Saratoga and Everhart Monday through Saturday
7:00 am to 8:00 pm
5 Weber and South Padre Island Drive Monday through Saturday
7:00 am to 8:00 pm
6 Saratoga and Staples Monday through Saturday
7:00 am to 8:00 pm
7 Saratoga and Weber Monday through Saturday
7:00 am to 8:00 pm
8 Kostoryz and South Padre Island Drive Monday through Saturday
7:00 am to 8:00 pm
9 Airline and South Padre Island Drive Monday through Saturday
7:00 am to 8:00 pm
Signature for Subgrantee
P. Alvarez, Jr., Chief of Police
Title
Date
Signature for TxDOT
Title Date
ITC 7/02 9
Performance Goals for Intersection Traffic Control STEP
City of Corpus Christi
The following citations will be utilized to award points for ITC STEP:
· Failure to Stop at Red Light
· Speeding - unsafe
· Speeding - over limit
· Failure to Drive in a single marked lane
· Unsafe lane change
· Turned when unsafe
· Failure to Yield Right of Way
· Failure to use turn signal
ITC7/02 10
From 2077-LE (rev. 8/2002)
(GSD-EPC Word 97)
Page1 of 2
Traffic Safety Project Budget
(for Law Enforcement Projects)
Project Title: Intersection Traffic Control STEP
Attachment B
Name of Subgrantee: City of Corpus Christi
Budget Category I - Labor Costs
(100) Salaries
[] Overtime or [] Regular Time
Salary rotes are estimated for budget purposes only.
Reimbursements will be based on actual costs per employee in
accordance with Subgrantee's payroll policy and salary rote.
List details:
A. Enforcement (overthne)
1. Officers: 1,664.00 hrs. ~ $32.62 per hr.
2. Sergeants: 0.00 hrs. ~ $0.00 per hr.
3. Lieutenants: 0.00 hrs. ~ $0.00 per hr.
B. PI&E Activities (overtime)
[not to exceed 10% of Totai Salaries budgeted (100)]
52.00 hfs. ~ $32.62 per hr.
C. Other (i.e., overtime staff, supervisory support, conducting
surveys, in-house instructors for OP violators course)
[not to exceed 10% of Grand Total Budget Amount]
Specify: See Budqet Detail
156.00 hrs. ~ $32.62 per hr.
Total Salaries ..........................................................................
(200) Fringe Benefits
List details:
A. FICA ¢~, 7.65%
B. TMRS ¢~, 11.51%
C.
Total Fringe Benefits ..............................................................
(300) Travel and Per Diem* ...................................................
Reimbursements will be based in accordance with Subgrantee's
travel policy, not to exceed state rates.
Ia Total Labor Costs (100 + 200 + 300)
(Round figures to nearest dollar)
Other/
TxDOT State/Local TOTAL
40,710 13,570 54,280
0 0 0
0 0 0
1,272 424 1,696
3,817 1,272 5,089
45,799 15,266 61,065
0 4,672 4~672
0 7,029 7,029
0
0
0 11,701 11,701
259 86 345
46~058 27,053 73,111
* Budget Detail: As an attachment to the budget, a justification and a detailed cost breakdown is required for all
costs included for Travel (300), Equipment (400), Supplies (500), Contractual Services (600), and Indirect Cost
Rates (800)
TxDOT Form 2077-LE (rev. 8/2002)
(GSD-EPC Word 97)
Page 2 of 2
Project Titie: Intemection Traffic Cootrol STEP
Subgrantee: City of Corpus Christi
Attachment B
Budget Category H - Other Direct Costs
(400) [quipment* ...................................................................
(500) Supplies* ........................................................................
(600) Contractual Services*
(700) Other Miscellaneous*
A. Subgrantee Vehicle Mileage:
Rates used only for budget estimate. Reimbursemem will
be made according to the approved subgrantee's average
cost per mile to operate patrol vehicles, not to exceed the
state rote. Documentation of cost per mile is required prior
to reimbursement.
5,000.00 miles ~ $0.58 per mile
B. Registration fees (u~i~ing, wo~hops, conferences, ac.) .................
C.Public information & education (PI&E) materials ................
1. Educational items - $_0_
(eg.: brochures, bumper stickers, posters, fliers, etc.)
2. Promotional items = $_0
(eg.: key chains, magnets, pencils, pens, mugs, etc.)
*
D. Other ................................................................................
Total Other Miscellaneous .....................................................
1~ Total Other Birect Costs (400 + 500 + 600 + 700) ..................
Budget Category IlI- Indirect Costs (800) Indirect Cost Rate* (at 0.00%) ......................................
Summary:
Total Labor Costs ...................................................................
Total Other Direct Costs .........................................................
Total Indirect Costs .................................................................
Grand Total (I+II+lII) .................................................
Fund Sources (Percent Share) ...................................................
(Round figures to nearest dollar)
Other/
TxDOT Star--al TOTAL
0 0 0
0 0 0
0 0 0
0 2,900 2,900
0 0 0
0 0 0
0 0 0
0 2,9OO 2,9OO
0 2,900 2,900
0 0 0
46,058 27,053 73,111
0 2,900 2,900
0 0 0
46,058 29,953 76~11
60.59°~ 39.41%
* Budget Detail: As an attachment to the budget, a justification and a detailed cost breakdown is required for all
costs included for Travel (300), Equipment (400), Supplies (500), Contractual Set.ices (600), and Indirect Cost
Rates (800)
Project Title: Intersection Traffic Control STEP
Name of Subgrantee: City of Corpus Christi
Budget Detail
BUDGET CATEGORY I - LABOR COSTS
(100) Salaries
c. OTHER I I II I I$ 3,817[$ 1,272I$ 5,089
(i.e., overtime staff, supervisory support, conduetin$ surveys, in-house instructors for OP violators
course: not to exceed 10% of total ~ant amount) Type, # hours, rate
Officers: administrative paperwork 156 hours*
~ ] $32.621per hour = $5,089
*3 hours/week x 52 weeks - overtime
(300) Travel
Travel to and from TXDOT meetings. In accordance with the attached City travel policy.
(700) Other Miscellaneous
A. Subgrantee Vehicle Mileage - The City chooses to fund the mileage at 100% due to
accouming difficulties in splitting the mileage 75/25.
The percent share from the City will be more than the required 25% due to the State not paying
for retirement costs and the City choosing to fund the mileage at 100%.
Form 1854 (Rev, 5/2002)
(GSD-EPC Word 97)
Page 1 of 2
Attachment C
STANDARD ASSURANCES
The Subgrantee hereby assures and certifies that it will comply with the regulations, policies, guidelines, and
requirements, including 49 CFR 18 and OMB Circular A-87, or OMB Circulars A-110 and A-21, or OMB
Circulars A-110 and A-122, as they relate to the application, acceptance, and use of federal or state fimds for
this project. Also, the Subgrantee assures and certifies to the grant that:
It possesses legal authority to apply for the grant; that a resolution, motion, or similar action has been duly
adopted or passed as an official act to the applicant's governing body, authorizing the fllmg of the
application, including all understandings and assurances contained therein, and directing and authorizing
the person identified as the official representative of the applicant to act in connection with the application
and to provide such additional information as may be required.
It will comply with Title V1 of the Civil Rights Act of 1964 (Public Law 88-352) and in accordance with
Title VI of that Act, no person in the Umted States shall, on the grounds of race, color, or national or/gin be
excluded bom participation in, be denied benefits of, or be otherwise subjected to discrimination under any
program or activity for which the applicant receives federal financial assistance and will immediately take
any measures necessary to effectuate this agreement.
It will comply with Title VI of Civil Rights Act of 1964 (42 USC 2000d) prohibiting employment
discrimination where ( 1 ) the primary purpose of a grant is to provide employment or (2) discriminatory
employment practices will result in unequal treatment of persons who are or should be benefiting from the
grant-sided activity.
It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property
Acquisitions Act of 1970 (PL 91-646) which provides for fair and equitable treatment of persons displaced
as a result of federal and federally assisted programs.
5. It will comply with the provisions of the Hatch Act which limit the political activity of employees.
6. It will comply with the minimum wage and maximum houm provisions of the Federal Fair Labor Standards
Act, as they apply to hospital and educational insttufion employees of State and local governments.
It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives
the appearance of being motivated by a desire for private gain for themselves or others, particularly those
with whom they have family, business, or other ties.
8. It will give the sponsoring agency the access to and the tight to eXamine all records, books, papers, or
documents related to the grant.
9. It will comply with all requirements imposed by the sponsoring agency concerning special requirements of
law, program requirements, and other administrative requirements.
TxDOT Form 1854 (Rev. 5/2002) Attachment C (continued)
Page 2of2
10.
It will ensure that the facilities under its ownership, lease, supervision which shall be ~Ftflized in the
accomplishment of the project are not hsted on the Environmental Protection Agency's (EPA) list of
Violating Facilities and that it will notify the federal grantor agency of the receipt of any communication
from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project
is under consideration for listing by the EPA.
11.
It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973, PL 93-234, 87 Stat. 975, approved December 31, 1976. Section 102(a) requires, on
and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available
as a condition for the receipt of any federal financial assistance for construction or acquisition purposes for
use in any area that has been identified by the Secretary of the Department of Housing and Urban
Development as an area having special flood hazards. The phrase "federal financial assistance" includes
any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or
any form of direct or indirect federal assistance.
12.
It will assist the grantor agency in its compliance with Section 106 of thc National Historic Preservation
Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archcological and Historic
Preservation Act of 1966 (16 USC 469a-1 et seq.) by (a) consulting with the State Historic Preservation
Officer to conduct thc investigation, as necessary, to identify properties listed in or ehgible for inclusion in
the National Register of Historic Places that are subject to adverse effects (see 36 CFR 800.8) by the
activity, and notifying the federal grantor agency of the existence of any such properties, and by (b)
complying with all requirements established by the federal grantor agency to avoid or mitigate adverse
effects upon such properties.
13~ It will comply with Chapter 573 of the Texas Government Code by ensuring that no officer, employee, or
member of the apphcant's governing body of the applicant's grant shall vote or confirm the employment of
any person related within the second degree of affinity or third degree by consaaguimty to any member of
the governing body or to any other officer or employee authorized to employ or supervise such person. This
prohibition shall not prohibit the employment of a person described in Section 573.062 of the Texas
Government Code.
It will ensure that all information collected, assembled, or maintained by the applicant relative to this
project shall be available to the public during normal business hours in comphance with Chapter 552 of the
Texas Government Code, unless otherwise expressly provided by law.
It will comply with Chapter 551 of the Texas Government Code, which requires all regular, special, or
called meetings of governmental bodies to be open to thc public, except as otherwise provided by law or
specifically permitted in the Texas Constitution.
Form 165~ (Rev. 5/2002)
(GSD-EPC Word 97)
Page1 of 1
DEBARMENT CERTWICATION
Attachment D
(1) The SUBGRANTEE certifies to the best of its knowledge and belief, that it and its principals;
(a) Are not presently debarred, suspended, proposed for debarment, declared inehgible or
voluntarily excluded from covered transactions by any federal department or agency;
(b)
Have not within a three-year period preceding this proposal been convicted of or had a civil
judgement rendered against them for comnUssion of fiaud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a federal, state, or local public transaction or
contract under a public transaction; violation of federal or state antitrust statutes or commission
of embezzlement, thett, forgery, bribery, falsification or destruction of records, making false
statements, or receiVing stolen property;
(c)
Are not presently indicted for otherwise criminally or civilly charged by a federal, state, or local
governmental entity with commission of any of the offenses enumerated in paragraph ( 1 )(b) of
this certifica~on; and
(d) Have not within a three-ycar period preceding this application/proposal had one or more federal,
state, or local public transactions terminated for cause or default.
(2) Where the SUBGRANTEE is unable to certify to any of the statements in this certification, such
SUBGRANTEE shall attach an explanation to this certification.
Signature of Certifying Official
David R. Garcia, City Manager
Title
Date
ORDINANCE
APPROPRIATING $ 46,058 FROM THE TEXAS DEPARTMENT
OF TRANSPORTATION FOR FUNDING TO CONTINUE THE
INTERSECTION TRAFFIC CONTROL SELECTIVE TRAFFIC
ENFORCEMENT PROJECT (STEP) WITHIN THE POLICE
DEPARTMENT IN NO. 1050 FEDERAL/STATE GRANTS FUND;
AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That $46,058 is appropriated from the Texas Department of
Transportation for funding to continue the Intersection Traffic Control Selective Traffic
Enforcement Project (STEP) within the police department in No. 1050 Federal/State
Grants fund.
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 thc 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
Mayor
LEGAL FORM APPROVED .~o~J . ) ~
JAMES R. BRAY, JR. ~}
CITY ATTORNEY
Lisa Aguilar, Assistaht City Attorney
,2002;
12
CITY COUNCIL
AGENDA MEMORANDUM
Date: September 24, 2002
AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a contract with
Siemens in the amount of $80,760 for hardware and software support services on the Police and Fire
Department's 200 MDC/AVL systems located in emergency vehicles. The term of the contract is one
year.
ISSUE:. The three-year warranty has expired on the 200 systems located in Police and Fire
emergency vehicles and associated software.
BACKGROUND INFORMATION: The contract term is one year fi.om August 1, 2002 through
July 31, 2003. It provides systems equipment maintenance on both hardware and software of the
MDC/AVL systems.
REQUIRED COUNCIL ACTION: Approval of the contract.
RECOMMENDATION:
Staff recommends approving the contract.
P.~varez
chief o~
Attachments:
Contracts with Siemens
SIEMENS
MAINTENANCE AGREEMENT
RESPONSEMASTERTM HARDWARE
FOR
SIEMENS TRANPORTATION SYSTEMS, INC.
INTEGRATED LOCAL GOVERNMENT DIVISION
OPERATED BY
CITY OF CORPUS CHRISTI
Siemens Transportation Systems, Inc.
Integrated Local Government Division
5265 Rockwell Drive
Cedar Rapids, Iowa 52402
Siemens Proprietary Information. Copyright 2002
July 2002
Siemens ResponseMasterTM Equipment Maintenance Agreement
CONTENTS
1. TERM OF AGREEMENT
2. DEFINITIONS
3. EQUIPMENT COVERED
4. COMPENSATION
5. NO TROUBLE FOUND/NO FAULT FOUND EQUIPMENT RETURNS
6. DELIVERY OF EQUIPMENT
7. EXCHANGE OF EQUIPMENT PARTS
8. DOCUMENTATION
9. TURNAROUND TIME ON EQUIPMENT RETURNS
10. ON-SITE ENGINEERING SERVICES
11. PHONE SUPPORT
12. SOLE RIGHT AN D REMEDY
13. EQUIPMENT EXCLUDED FROM MAINTENANCE SERVICES
14. CHANGES TO EQUIPMENT
15. TERMINATION
16. ROGUE EQUIPMENTS
17. OPTION TO RENEW
18. APPLICABLE LAW
19. NOTICES
20. TAXES AND FEES
21. PATENT, PROPRIETARY RIGHTS, COPYRIGHT AND TRADEMARK INDEMNITY
22. EXCUSABLE DELAY
23. CONFIDENTIALITY
24. LIMITATION OF LIABILITY
25. ARBITRATION
26. ENTIRE AGREEIVIENT
ATTACHMENT A - SCHEDULE OF COVERED EQUIPMENT
ENCLOSURE 1 - PRICING SCHEDULE
Siemens Proprietary Information. Copyright 2002
SIEMENS
Siemens ResponseMasterTM Equipment Maintenance Agreement
EQUIPMENT MAINTENANCE
AGREEMENT
Between
Siemens Transportation Systems, Inc.
Integrated Local Government Division
(Hereinafter Siemens)
and
City of Corpus Christi
(Hereinafter Buyer)
Siemens hereby agrees to furnish RESPONSEMASTERTM Systems Equipment maintenance
services consisting of the necessary parts, labor, and testing of all Buyer-owned Equipment listed
in Attachment A in accordance with the terms and conditions of this Agreement. Buyer agrees to
use Siemens as the preferred maintenance vendor for all Equipment so listed. The maintenance
services will be provided in accordance with the appropriate Siemens documentation and
processes in order to establish that maintained Equipment(s)meets mutually approved operating
specifications as defined at the applicable system acceptance. Buyer agrees to purchase and pay
for such services subject to the following terms and conditions.
1) TERM OF THIS AGREEMENT. The term of this Agreement shall commence on August 1,
2002, and shall continue through July 31, 2003, unless terminated in accordance with Article 14
below.
2) DEFINITIONS: Rogue Unit:
A Rogue Unit is defined as Equipment that exhibits a recurring problem subject to the
following:
a. The failure symptom reported is the same for three sequential removals, and
b. The failure interval is seven (7) operating days or less.
Turnaround Time:
From the date of receipt by a Siemens Service Center, to date of shipment back to Buyer by
the Siemens Service Center and does not include Buyer's handling or transportation time.
Siemens Proprietary Information. Copyright 2002
SIEMENS
Siemens ResponseMasterTM Equipment Maintenance Agreement
No Fault Found/No Trouble Found:
An Equipment is deemed to be No Fault Found (NFF)/No Trouble Found (NTF) when it
requires no repair, replacement or adjustment to return it to a serviceable state; or where a
repair or replacement is carded out for symptoms that are not associated with the reason stated
by Buyer for removal.
3) EQUIPMENT COVERED. Equipment covered under this Agreement is specified in
Attachment A of this Agreement. At such times as may be necessary, Buyer may request, in
writing, with reasonable notification, that additional Equipment be added to this Agreement.
The addition and maintenance cost of such added Equipment shall be subject to negotiation by
the parties.. In addition, Equipment may be removed from the applicable Attachment A upon
written request from the Buyer and subsequent negotiation by the parties. Any such requests
shall be processed pursuant to Article 25 hereof.
4) COMPENSATION. For the services covered by this Agreement Buyer agrees to pay the
Maintenance Plan Fees set forth herein:
Payment shall be made in full within thirty (30) days of the date of Siemens' invoice and
Buyer's receipt of the repaired/serviced Equipment. This Agreement is based upon the average
annual fleet utilization shown under Attachment A. Buyer shall notify Siemens within thirty
(30) days of changes to Buyer's operating fleet or Equipment complement.
Time and Material invoicing set forth under Enclosure 1 will apply to any repair services for
any Equipment covered under Article 5, No Trouble Found/No Fault Found Equipment
Returns and Axticle 12 Equipment Excluded From Maintenance Services, of this Agreement.
The prices set forth under Enclosure 1, Pricing Schedule include all charges for Siemens'
packing materials and labor, as well as handling. Prices exclude any taxes, customs duties,
and broker's fees. Siemens' will invoice Buyer at the address set forth below for services
provided hereunder.
Invoice address:
Russell Young
MDC/AVL Specialist
321 John Sartain
Corpus Christi, Texas 78401
Payment address:
Siemens Transportation Systems, Inc.
Integrated Local Government Division
Accounts Receivable
5265 Rockwell Drive NE
Cedar Rapids, Iowa 52402
5) NO TROUBLE FOUND/NO FAULT FOUND RETURNS. Buyer recognizes that any
ResponseMasterm Equipment returned for repair under this Agreement and subsequently
determined by Siemens to be No Trouble Found (NTF)/No Fault Found (NFF) are subject to
labor and material elements of the "time and material" pricing contained in this Agreement.
The test for an intermittent problem is covered under the definition of a Rogue Unit.
3
Siemens Proprietary Information. Copyright 2002
SIEMENS
Siemens ResponseMasterTM Equipment Maintenance Agreement
6) DELIVERY OF EQUIPMENT. Buyer shall send all failed Equipment covered by this
Agreement directly to the designated Siemens Service Center.
(a) Upon repair, Siemens will return the Equipment to Buyer's designated receiving
facility, or other locations as designated by Buyer's applicable Retum Order.
(b) Cost of shipping to the designated Siemens Service Center shall be borne by Buyer.
(c) Cost of shipping the repaired Equipment(s) to the Buyer's facilities shall be borne by
Siemens.
7) EXCHANGE OF EQUIPMENT PARTS. During the term of this Agreement, any Equipment
returned to Siemens for repair may have parts exchanged at Siemens' option, for a
functionally like part.
8) DOCUMENTATION. Prior to the time of delivery to Siemens of Equipment to be repaired,
Buyer shall provide Siemens with Buyer's normal return order, which shall include the
following information:
a) Date of failure.
b) Vehicle Number.
¢) Detailed Description of Failure symptom.
d} Type number, part number, serial number of the failed Equipment.
e) Customer Return/Repair Order Number
1} Contact name related to Equipment to be returned
§) Ship To address for return of Equipment to Buyer.
9) TURNAROUND TIME ON EQUIPMENT RETURNS. For the term of this Agreement
Siemens will provide a turnaround time of thirty (30) working days for Equipment returned to
Siemens in accordance with this Agreement. The turnaround time is calculated from date of
receipt by Siemens to date of shipment by Siemens and does not include Buyer's handling or
transportation time.
10) ON-SITE ENGINEERING SERVICES. Siemens On-Site Engineering Services can be made
available to assist with any Siemens system problems associated with Siemens Equipment on
a time, material and travel expense basis as set forth under Enclosure 1. If Siemens sends on-
site engineering support to Buyer to address a problem that is subsequently determined to be
a sole problem with Siemens Equipment or Software, the Siemens On-Site Engineering
Services shall be provided at no cost to Buyer.
11) PHONE SUPPORT. Siemens' will provide phone support to Buyer's authorized callers to
assist with troubleshooting of installation, configuration, and operational problems of covered
Equipment prior to removal for return to Siemens for repair. Calls received during normal
4
Siemens Proprietary Information. Copyright 2002
SIEMENS
Siemens ResponseMasterTM Equipment Maintenance Agreement
business hours (Central Time One - 8:30am - 4:30pm) will be returned within one (1) hour,
if necessary. After hour calls will be returned during the first hour of the next business day.
12) EXCEPT FOR THE GUARANTEES PROVIDED HEREUNDER, NO OTHER
WARRANTIES EXPRESSED OR IMPLIED SHALL BE APPLICABLE TO ANY
EQUIPMENT REPAIRED HEREUNDER, AND THE TERMS OF THIS
AGREEMENT SHALL CONSTITUTE BUYER'S SOLE RIGHT AND REMEDY
UNDER THIS AGREEMENT. IN NO EVENT SHALL SIEMENS HAVE ANY
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR
LOSS, DAMAGE OR EXPENSE DIRECTLY OR INDIRECTLY ARISING FROM
THE USE OF THE EQUIPMENTS, OR ANY INABILITY TO USE THEM EITHER
SEPARATELY OR IN COMBINATION WITH OTHER EQUIPMENT OR
MATERIALS, OR FROM ANY OTHER CAUSE.
13) EXCLUDED SERVICES.
The Buyer agrees that, in relation to Equipment maintenance hereunder, the following, for
which Siemens can reasonably demonstrate that damage has occurred beyond a serviceable
level and such damage was caused by the Buyer, or that there was not a defect in the
Equipment, are considered excluded from coverage:
a)
b)
c)
d)
e)
g)
h)
i)
J)
Siemens Proprietary Information.
Equipment subjected to carelessness, negligence, or other than the
specified normal or intended use by Buyer, or any third parties
while the Equipment is in Buyer's possession;
Equipment subject to cannibalization by Buyer, or any third parties
while the Equipment is in Buyer's possession;
Equipment subjected to alteration or repair by Buyer, or any third
parties, in a manner which conflicts with Siemens' written repair
procedures;
Equipment subjected to inadequate packing, storage or handling by
Buyer, or any third parties while the Equipment is in Buyer's
possession;
Equipment subjected to fire, wind, flood, leakage, collapse,
lightning, explosion, or other Acts of God;
Equipment subject to acts of war, terrorism, or the public enemy;
Equipment which Buyer requests be overhauled or refurbished to a
new status or part number.
Equipment subjected to vandalism by Buyer, or any third parties
while the Equipment is in Buyer's possession;
Equipment altered by service bulletins other than those service
bulletins defined as reliability improvements herein;
Engineering Evaluations of Rogue Units, other than as described
herein, and
5
Copyright 2002
SIEMENS
Siemens ResponseMasterTM Equipment Maintenance Agreement
k)
l)
All OEM computers and associated peripheral equipment provided
by Siemens hereunder.
Equipment other than those identified under Attachment A of this
Agreement.
Buyer agrees that the thirty (30) day turnaround time shall not apply to Equipment, which is
determined by Siemens to be Excluded Services. Equipments that attain Excluded Services
status may only be added back into Siemens' maintenance coverage hereunder by written
authorization from Siemens.
14) CHANGES TO EQUIPMENT. During the term of this Agreement, Siemens may, from
time to time, issue service bulletins indicating changes to the Equipment listed in
Attachment A. Installation of any service bulletins requested by Buyer will be on a time
schedule to be mutually agreed upon by both parties.
a) Service bulletins designated by Siemens to improve reliability of the Equipment listed in
Attachment A will be incorporated at no additional charge to Buyer.
b) Service bulletins requested by Buyer that are deemed optional by Siemens will be
chargeable using the current Time and Material rates specified under Enclosure 1.
15)TERMINATION.
a) Siemens and Buyer each has the right to terminate this Agreement in whole or in part by
providing thirty (30) days written notice to the other party for any of the following reasons: (i)
For any occurrence described under Article 21, Excusable Delay, or any other occurrence beyond
the cause and control of the parties and that prevents Siemens or Buyer from performing their
respective obligations under this Agreement for a period longer than two (2) months, (ii) by
mutual agreement of the parties, or (iii) for material broach by the other party which remains
uncured for sixty (60) days following a written notice of the breach and a demand for cure of the
breach by the non-breaching party.
b) Upon expiration or termination of this Agreement by either party, Siemens shall return
all Buyers' assets to Buyer within thirty calendar (30) days of the expiration or effective
termination and Buyer shall return all Siemens assets provided to Buyer under this
Agreement to Siemens within thirty (30) calendar days of the expiration or effective
termination.
16) ROGUE EQUIPMENT. Siemens agrees to apply special testing and repair to any Rogue
Equipment at no additional charge to Buyer. Buyer agrees to waive the thirty (30) day turn
time guarantee for this situation, if Siemens notifies Buyer of the need for special testing and
repair, within the thirty (30) day turn around time.
6
Siemens Proprietary Information. Copyright 2002
SIEMENS _
Siemens ResponseMasterTM Equipment Maintenance Agreement
17) OPTION TO RENEW. Buyer has the option to renew and extend the term of this
Agreement for an additional one (1) year period, commencing continuously with expiration
of the existing initial Agreement on August 1, 2003 and extending through July 31, 2004,
subject to the following:
a) All prices for follow-on maintenance shall be subject to change at time of option
exercise.
b) Buyer must exercise this option to renew by serving written notice of intent to renew to
Siemens on or before a period of time sixty (60) calendar days prior to termination of the
existing Agreement. In the event a new Agreement is not consummated between the
parties on or before expiration of this existing Agreement, Siemens shall charge time and
material charges for all Equipment maintenance services provided by Siemens to
Buyer at the then current Siemens published rates after expiration of this Agreement..
18) APPLICABLE LAW. The parties agree that this Agreement shall be governed and construed
by the laws of the State of Iowa, but specifically excluding the provisions of the 1980 U.N.
Convention on Contracts for the International Sale of Goods.
19) NOTICES. Notices under this Agreement shall be sufficient if sent by U.S. certified mail,
postage prepaid or by an air courier service, prepaid as follows:
To;
Siemens Transportation Systems, Inc.
Attn: Bill Hiller
Manager, Customer Requirements and Service
Integrated Local Government Division
5265 Rockwell Drive, NE
Cedar Rapids, IA 52402
To:
Russell Young
MDC/AVL Specialist
321 John Sartain
Corpus Christi, TX 78401
Tel: (319) 743-1011
Fax: (319) 743-1015
Email: Bill.Hiller @ sts.siemens.com
Phone: (361) 886-2794
Fax: (361) 826-2935
Email: Russy @ ci.corpus-christi.tx.us
20) TAXES AND FEES. The prices stated in this Agreement are exclusive of any taxes, duties,
or equivalent charges, however designated, imposed upon or made payable by Siemens, its
agents, assignees or subcontractors, by a government, or taxing authority arising out of the
supply or use of the Equipment or the performance of this Agreement, and Buyer expressly
assumes responsibility for the prompt payment when due of all such charges.
21) PATENT, PROPRIETARY RIGHTS, COPYRIGHT AND TRADEMARK INDEMNITY.
Siemens agrees that it will defend, at its own expense, all suits against Buyer for
infringement of any United States patent or patents covering, or alleged to cover, all services
provided and Equipment originally sold by Siemens under this Agreement, and Siemens
agrees that it will pay all sums which by final judgment or decree in any such suits, may be
7
Siemens Proprietary Information. Copyright 2002
SIEMENS
Siemens ResponseMasterTM Equipment Maintenance Agreement
assessed against Buyer on account of such infringement, provided that Siemens shall be
given (i) prompt written notice of all claims of any such infringement and any of suits
brought or threatened against Buyer and (ii) authority to assume the sole defense thereof
through its own counsel and to compromise or settle any suits. If in any such suit so
defended the Equipment are held to constitute an infringement and their use is enjoined or if,
in light of any claim of infringement Siemens deems it advisable to do so, Siemens shall
either procure the right to continue the use of the same for the Buyer or replace the same
with non-infringing Equipment, or modify said Equipment so as to be non-infringing, or take
back the infringing Equipment and refund the purchase price less a reasonable allowance for
use, damage, or obsolescence. Indirect and consequential damages that may occur as a
result of any infringement, or claim of infringement, are expressly disaffirmed, and the
complete liability of Siemens shall be limited to its Agreement herein contained. Nothing in
this Agreement shall alter or affect any indemnity on products provided by Siemens under
other Agreements.
22) EXCUSABLE DELAY. Neither party shall be liable to the other for default or damages
resulting from any failure to meet the delivery schedule or any other obligations to each
other under this Agreement other than Buyer's obligations to pay Siemens if such failure is
caused by or due to events beyond the control of the party invoking this provision such as,
but not limited to, acts of God, acts of war (whether declared or undeclared), riot, rebellion,
sabotage, weather, fire, flood, drought, earthquake, windstorm, explosion, strikes or other
labor troubles preventing delivery hereunder, embargo, delays, acts of government or
government priorities, regulations or rules, court orders, or any other causes ("Events of
Delay") and not due to the fault or negligence of the party claiming relief hereunder.
23) CONFIDENTIALITY. This Agreement and all information becoming available by virtue of
this Agreement, shall at all times be treated by both parties as confidential and not be
published, disclosed, or circulated, except (and only in so far as is necessary) in connection
with the business requirements of the parties or for the purpose of legal proceedings. Both
parties shall ensure that all persons to whom information is disclosed shall be bound by the
provisions of this clause.
24) LIMITATION OF LIABILITY. IN NO EVENT SHALL SIEMENS BE LIABLE FOR
ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS
OF PROFITS, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OF
OR INABILITY TO USE ANY EQUIPMENT OR ASSOCIATED SOFTWARE
DESCRIBED HEREIN EITHER SEPARATELY OR IN COMBINATION WITH
ANY OTHER PRODUCT EQUIPMENT, SOFTWARE OR OTHER MATERIALS
EVEN IF SIEMENS HAS BEEN ADVISED OF THE POSSIBILITY OR
CERTAINTY OF SUCH DAMAGES. SIEMENS' TOTAL AGGREGATE
LIABILITY HEREUNDER WHETHER BASED UPON CONTRACT, TORT
(INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE,
SHALL IN NO EVENT EXCEED THE PRICE PAID BY BUYER HEREUNDER.
8
Siemens Proprietary Information. Copyright 2002
SIEMENS
Siemens ResponseMasterTM Equipment Maintenance Agreement
25) ARBITRATION. Any dispute arising from the terms and conditions of this Agreement shall
be settled by negotiation in good faith by the parties. If there is no Agreement between the
parties three (3) months after the beginning of such a negotiation, the dispute shall be
referred to arbitration in the United States of America in accordance with the Rules of the
Intemational Chamber of Commerce, by one arbitrator appointed in accordance with the
said rules. Each party is responsible for its own costs.
26) ENTIRE AGREEMENT. The terms and provisions stated herein comprise all the terms,
conditions, and agreements of the parties respecting the Equipment maintenance provided
hereunder and supersede any provision on the face and reverse side of the Buyer's return
order or any prior agreement inconsistent with the provisions hereof. No other terms,
conditions, representations, warranties or guarantees, whether written or oral, express or
implied, shall form a part hereof or have any legal effect whatsoever. No modification hereof
shall be valid unless in writing and duly signed by Buyer' and Siemens' authorized
representatives.
IN WITNESS WHEREOF
The parties have caused this Agreement to be executed
This of ,2002
Siemens Transportation Systems, Inc.
Integrated Local (~ovemment Division
City of Corpus Christi
By:
Title
Siemens Proprietary Information. Copyright 2002
SIEMENS
Siemens ResponseMasterTM Equipment Maintenance Agreement
ATTACHMENT A
SCHEDULE OF COVERED EQUIPMENT
The following equipment is covered by the terms of this Agreement for the period August 1, 2002
through July 31, 2003 and includes all sub-assemblies except mobile radios. The part numbers are
the master part numbers from which all serialized sub-components are referenced.
Specific Pl.n Coven e
Description Siemens Part Number
Public Safety Flat RVLU 989-6636-203
Public Safety Auto RVLU 989-6636-204
Public Safety Min RVLU 989-6636-205
Public Safety Flat RVLU 989-6636-206
MDT 270-2655-010
10T0015-001
Mobile Software for Public Safety 17S2000-B02
Attachment - A
Siemens Proprietary Information. Copyright 2002
SIEMENS
Siemens ResponseMasterTM Equipment Maintenance Agreement
ENCLOSURE 1 - PRICING SCHEDULE
ONSITE ENGINEERING SERVICES. Siemens offers onsite engineering services for Software work not covered
by this Agreement. If Licensee wishes to contract for these services they will be provided at a rate of $115 per hour,
plus, a per diem price based upon travel expenses incurred.
The following pricing is in effect for the period beginning August 1, 2002 through July 31, and 2003. The annual
maintenance fee is subject to an increase of up to 5% at time of renewal.
~uanfity of Mobile
]ystems
Extended
Fee Maintenance Fee
200 $56,200
Maintenance year two 5% increase ................................ $2,810
Total Maintenance Fee .................................................... 59,010
Maintenance
$281
The BUYER shall notify Siemens within thirty (30) days of changes to Buyer's operating fleet or
Equipment.
Enclosure 1
Siemens Proprietary Information. Copyright 2001
SIEMENS
SIEMENS
MAINTENANCE AGREEMENT
RESPONSEMASTERTM SOFTWARE
FOR
SIEMENS TRANPORTATION SYSTEMS, INC.
INTEGRATED LOCAL GOVERNMENT DIVISION
OPERATED BY
CITY OF CORPUS CHRISTI
Siemens Transportation Systems, Inc.
Integrated Local Government Division
5265 Rockwell Drive
Cedar Rapids, Iowa 52402
Siemens Proprietary Information. Copyright 2002
29 July 2002 $11~l~lffNS emil rw.,~_~,_
Siemens ResponseMasterTM Software Maintenance Agreement
TABLE OF CONTENTS
1. TERM OF AGREEMENT
2. SOFTWARE COVERED
3. COMPENSATION
4. DOCUMENTATION
5. CORRECTION TIME ON SOFFWARE SUPPORT INQUIRIES
6. ON-SITE ENGINEERING SERVICES
7. SOFTWARE CORRECTION
8. SOFTWARE EXCLUDED FROM MAINTENANCE SERVICES
9. CHANGES TO SOFTWARE
! 0.TERMINATION
11.OPTION TO RENEW
12.APPLICABLE LAW
13.NOTICES
14.TAXES AND FEES
! 5.PATENT, PROPRIETARY RIGHTS, COPYRIGHT AND TRADEMARK INDEMNITY
16.EXCUSABLE DELAY
17.CONFI])ENTIALITY
! 8.LIMITATION OF LIABILITY
19.ARBITRATION
20.ENTIRE AGREEMENT
ATTACHMENT A - SCHEDULE OF COVERED SOFTWARE
ENCLOSURE 1 - PRICING SCHEDULE
i
Siemens Proprietary Information. Copyright 2002
29 July 2002 ~ll~l~ll~l~
Siemens ResponseMasterTM Software Maintenance Agreement
SOFTWARE MAINTENANCE
AGRFFMENT
Between
Siemen's Transportation Systems, Inc.
Integrated Local Government Division
(Herein after Siemens)
and
City of Corpus Christi
(Herein after Licensee)
WHEREAS Siemens is the owner of the rights to certain software identified under Attachment
A (Collectively "Software"), including copyright, trademark, trade secret and other intellectual
property rights;
WHEREAS Siemens has granted Licensee certain rights regarding the Software under Contract
B1-0124-97 dated June 1, 1998, that enable Licensee to use the Software under the terms and
conditions specified under the granted license;
AND, WHEREAS Licensee wishes to participate in Siemens' annual maintenance program for
the Software;
NOW, THEREFORE, the parties agree as follows:
Siemens hereby agrees to furnish RESPONSEMASTERTM Systems Software maintenance
service consisting of the necessary labor, and testing of all licensed Software listed in
Attachment A in accordance with the terms and conditions of this Agreement. Licensee agrees
to use Siemens as the preferred Software maintenance vendor for all Software so listed. The
Software maintenance services will be provided in accordance with the appropriate Siemens
documentation and processes in order to establish that maintained Software meets mutually
approved operating specifications as defined at the applicable system acceptance. Licensee
agrees to purchase and pay for such services subject to the following terms and conditions.
TERM OF THIS AGREEMENT. The term of this Agreement shall commence on August
1, 2002, and shall continue through July 31, 2003, unless terminated in accordance with
Article 10 below.
2. SOFTWARE COVERED. Software covered under this Agreement is specified in
Attachment A of this Agreement.
1
Siemens Proprietary and Copyrighted Information
July 2002
SIEMENS
Siemens ResponseMasterTM Software Maintenance Agreement
COMPENSATION. For the services covered by this Agreement Licensee agrees to pay the
Maintenance Plan Fees set forth in Enclosure 1, Pricing Schedule. Payment shall be made
in full within thirty (30) days of the date of Siemens' invoice and Licensee's receipt of the
corrected/serviced Software.
Time and Material invoicing will apply to any correction services for any Software covered
under Article 12, Software Excluded From Maintenance Services, of this Agreement.
The prices set forth in the Pricing Schedule (Enclosure 1) include all charges for Siemens'
packing materials and labor as well as handling. Prices exclude any taxes, customs duties,
and broker's fees. Siemens will invoice Licensee at the address set forth below for services
provided hereunder.
Invoice address:
City of Corpus Christi
attn: Russell Young
MDC/AVL Specialist
321 John Sartain
Corpus Christi, Texas 78401
Payment address:
Siemens Transportation Systems, Inc.
Integrated Local Government Division
Accounts Receivable
5265 Rockwell Drive NE
Cedar Rapids, Iowa 52402
4. DOCUMENTATION. Upon the identification of a possible fault or problem within any
of the Software to be supported hereunder, Licensee shall promptly issue a Trouble Report to
Siemens that shall include the following information. The Trouble Report shall be
transmitted to the address nominated by Siemens, by telephone, facsimile, or e-mail, as
appropriate. Siemens shall arrange for onward transmission to the designated repair
technician or on-site engineer. Date of failure or software issue.
a} Software module in question and location of where Software is installed.
b} Detailed Description of Failure symptom.
¢} Part number, version number, and severity of the failed Software.
d) Contact name related to Software in question
5. CORRECTION TIME ON SOFTWARE SUPPORT INQUIRIES. For the term of this
Agreement Siemens will provide reasonable telephone support, in the form of assistance
and advice on the use and maintenance of the Software, during regular business hours
(Central Time Zone). After Hours Software Support Calls will be provided by an
answering service. A project engineer or field support specialist will return calls of an
urgent nature within 1 hour. Otherwise, calls will be returned during the first hour of the
next business day. In the event that the Licensee detects any errors or defects in the
Software, Siemens will provide a correction time of ninety (90) days or as mutually
agreed upon for Software corrections. The correction time is calculated from formal
identification of the root cause of the problem by Siemens.
2
Siemens Proprietary and Copyrighted Information
July 2002
SIEMENS
Siemens ResponseMasterTM Software Maintenance Agreement
6. ON-SITE ENGINEERING SERVICES. Siemens On-Site Engineers can be made
available to assist with any Siemens system problems associated with Siemens Software
on a time, material and travel expense basis as set foFth under Enclosure 1. If Siemens
sends On-Site support to Licensee to address a problem that is subsequently determined to
be a problem with Siemens-provided Equipment or Software, Siemens' On-Site
Engineering Services shall be provided at no cost to Licensee
7. SOFTWARE CORRECTION.
7.1 Siemens agrees to provide the following Software maintenance services during the term of
this Agreement:
A) Siemens will maintain the Software so that it operates in conformity in all material
respects with the descriptions and specification for the Software as defined at the time
of the applicable system acceptance.
B) Siemens will send Licensee mailings on updates of and upgrades to the Software to the
Licensee's specified address. "Updates" are those enhancements to the Software that
Siemens generally makes available as part of the annual maintenance program.
"Upgrades are any new feature or major enhancement to the Software that Siemens
markets and licenses for additional fees separately from the updates.
Upgrades (defined as functionality not required and/or provided under the original
contract) to Software, including third-party software upgrades, are not covered under
the scope of this Agreement and are subject to an independent proposal. Once Siemens
has integrated such upgrades into our then current product offering, assistance to
migrate to this version could either be covered under this Agreement or in a separate
contract at the offered upgrade price.
7.2
Licensee shall, at Siemens' request, provide Siemens with the right to dial in access to
Licensee's computers on which the Software is installed, so as to enable Siemens to
monitor the operation of the Software.
7.3 Siemens does not represent or warrant that the Software will meet any or all of Licensee's
particular requirements, that the operation of the Software will be error-free or
uninterrupted or that all program errors in the Software can be found in order to be
corrected.
7.4 EXCEPT FOR THE GUARANTEES PROVIDED HEREUNDER, NO OTHER
WARRANTIES EXPRESSED OR IMPLIED SHALL BE APPLICABLE TO ANY
SOFTWARE PATCHES, UPDATES OR UPGRADES HEREUNDER, AND THE
TERMS OF TH/S AGREEMENT SHALL CONSTITUTE LICENSEE'S SOLE RIGHT
AND REMEDY UNDER THIS AGREEMENT. IN NO EVENT SHALL SIEMENS
3
Siemens Proprietary and Copyrighted Information
July 2002
SIEMENS
Siemens ResponseMasterTM Software Maintenance Agreement
HAVE ANY LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR
FOR LOSS, DAMAGE OR EXPENSE DIRECTLY OR INDIRECTLY ARISING FROM
THE USE OF THE SOFTWARE.
8. soFrWARE EXCLUDED FROM MAINTENANCE SERVICES.
The Licensee agrees that, in relation to Software maintenance hereunder, the following, for
which Siemens can reasonable demonstrate that damage has occurred beyond a serviceable
level and such damage was caused by the Licensee, or that there was not a defect in the
Software, are considered excluded from coverage:
a)
b)
c)
d)
e)
0
g)
h)
i)
J)
k)
1)
Software subjected to carelessness, negligence, or other than the
specified normal or intended use by Licensee, or any third parties
while the Software is in Licensee's possession;
Software subject to cannibalization by Licensee, or any third
parties while the Software is in Licensee's possession;
Software subjected to alteration or repair by Licensee, or any
third parties, in a manner which conflicts with Siemens' written
repair procedures and license terms;
Software subjected to inadequate packing, storage or handling by
Licensee, or any third parties while the Software is in Licensee's
possession;
Software subjected to fire, wind, flood, leakage, collapse,
lightning, explosion, or other Acts of God;
Software subject to acts of war, terrorism, or the public enemy;
Software which Licensee requests be overhauled or refurbished to
a new status or part number.
Software subjected to vandalism by Licensee, or any third parties
while the Software is in Licensee's possession;
Software altered by service bulletins other than those service
bulletins defined as reliability improvements herein;
Software Upgrades;
On-site installation, configuration and verification of Software
updates.
Software other than that identified under Attachment A of this
Agreement.
Licensee agrees that the thirty (30) and ninety (90) day turnaround times shall not apply to
Software that is determined by Siemens to be Excluded From Maintenance Services.
Software that attains Excluded Services status may only be added back into Siemens'
maintenance coverage hereunder by written authorization from Siemens.
4
Siemens Proprietary and Copyrighted Information
July 2002
SIEMENS
Siemens ResponseMasterTM Software Maintenance Agreement
9. CHANGES TO SOFTWARE. During the term of this Agreement, Siemens may, from time
to time, issue service bulletins indicating changes to the Software listed in Attachments A.
Installation of any service bulletins requested by Licensee will be on a time schedule to be
mutually agreed upon by both parties.
a) Service bulletins designated by Siemens to improve reliability of the Software listed
in Attachments A will be incorporated at no additional charge to Licensee.
b) Service bulletins requested by Licensee that are deemed optional by Siemens will be
chargeable using the Time and Material rates specified under Enclosure 1.
10. TERMINATION.
a) Siemens and Licensee each has the right to terminate this Agreement in whole or
in part by providing thirty (30) days written notice to the other party for any of the
following reasons: (i) For any occurrence described under Article 21, Excusable
Delay, or any other occurrence beyond the cause and control of the parties and that
prevents Siemens or Licensee from performing their respective obligations under
this Agreement for a period longer than two (2) months, (ii) by mutual agreement
of the parties, or (iii) for material breach by the other party which remains uncured
for sixty (60) days following a written notice of the breach and a demand for cure
of the breach by the non-breaching party.
b) Upon expiration or termination of this Agreement by either party, Siemens shall
return all Licensees' assets to Licensee within thirty calendar (30) days of the
expiration or effective termination and Licensee shall return all Siemens assets
provided to Licensee under this Agreement to Siemens within thirty (30) calendar
days of the expiration or effective termination.
11. OPTION TO RENEW. Licensee has the option to renew and extend the term of this
Agreement for an additional one (1) year period, commencing continuously with expiration
of the existing initial Agreement on August 1, 2003 and extending through July 31, 2004,
in accordance with the following:
a) All prices shall be subject to change.
b)
Licensee must exercise this option to renew by serving written notice of intent to renew
to Siemens on or before a period of time sixty (60) calendar days prior to termination of
the existing Agreement. In the event a new Agreement is not consummated between
the parties on or before expiration of this existing Agreement, Siemens shall charge
time and material charges for all Software maintenance services provided by Siemens
to Licensee at the then current Siemens published rates after expiration of this
Agreement..
12. APPLICABLE LAW. The parties agree that this Agreement shall be governed and
construed by the laws of the State of Iowa, but specifically excluding the provisions of the
1980 U.N. Convention on Contracts for the International Sale of Goods.
5
Siemens Proprietary and Copyrighted Information
July 2002
SIEMENS
Siemens ResponseMasterTM Software Maintenance Agreement
13. NOTICES. Notices under this Agreement shall be sufficient if sent by U.S. certified mail,
postage prepaid or by an air courier service, prepaid as follows:
Siemens Transportation Systems, Inc.
Attn: Bill Hiller
Manager, Customer Requirements and Service
Integrated Local Government Division
5265 Rockwell Drive, NE
Cedar Rapids, IA 52402
Russell Young
MDC/AVL Specialist
321 John Sartain
Corpus Christi, TX 78401
Tel: (319) 743-1011
Fax: (319) 743-1015
Email: Bill.Hiller @ sts.siemens.com
Phone: (361)-886-2794
Fax: (361)-826-2935
Email: Russy @ ci.corpus-christi.tx.us
14. TAXES AND FEES. The prices stated in this Agreement are exclusive of any taxes,
duties, or equivalent charges, however designated, imposed upon or made payable by
Siemens, its agents, assignees or subcontractors, by a government, or taxing authority
arising out of the supply or use of the Software or the performance of this Agreement, and
Licensee expressly assumes responsibility for the prompt payment when due of all such
charges.
15. PATENT, PROPRIETARY RIGHTS, COPYRIGHT AND TRADEMARK INDEMNITY.
Siemens agrees that it will defend, at its own expense, all suits against Licensee for
infringement of any United States patent or patents covering, or alleged to cover, all
services provided and Software originally sold by Siemens under this Agreement, and
Siemens agrees that it will pay all sums which by final judgment or decree in any such
suits, may be assessed against Licensee on account of such infringement, provided that
Siemens shall be given (i) prompt written notice of all claims of any such infringement
and any of suits brought or threatened against Licensee and (ii) authority to assume the
sole defense thereof through its own counsel and to compromise or settle any suits. If in
any such suit so defended the Software is held to constitute an infringement and its use is
enjoined or if, in light of any claim of infringement Siemens deems it advisable to do so,
Siemens shall either procure the right to continue the use of the same for Licensee or
replace the same with non-infringing Software, or modify said Software so as to be non-
infringing, or take back the infringing Software and refund the purchase price less a
reasonable allowance for use, damage, or obsolescence. Indirect and consequential
damages which may occur as a result of any infringement, or claim of infringement, are
expressly disaffirmed, and the complete liability of Siemens shall be limited to its
Agreement herein contained. Nothing in this Agreement shall alter or affect any
indemnity on products provided by Siemens under other Agreements.
16. EXCUSABLE DELAY. Neither party shall be liable to the other for default or damages
resulting from any failure to meet the delivery schedule or any other obligations to each
6
Siemens Proprietary and Copyrighted Information
July 2002
SIEMENS
Siemens ResponseMasterTM Software Maintenance Agreement
other under this Agreement other than Licensee's obligations to pay Siemens if such
failure is caused by or due to events beyond the control of the party invoking this
provision such as, but not limited to, acts of God, acts of war (whether declared or
undeclared), riot, rebellion, sabotage, weather, fire, flood, drought, earthquake, windstorm,
explosion, strikes or other labor troubles preventing delivery hereunder, embargo, delays,
acts of government or government priorities, regulations or rules, court orders, or any
other causes ("Events of Delay") and not due to the fault or negligence of the party
claiming relief hereunder.
17. CONFIDENTIALITY. This Agreement and all information becoming available by virtue
of this Agreement, shall at all times be treated by both parties as confidential and not be
published, disclosed, or circulated, except (and only in so far as is necessary) in
connection with the business requirements of the parties or for the purpose of legal
proceedings. Both parties shall ensure that all persons to whom information is disclosed
shall be bound by the provisions of this clause.
18. LIMITATION OF LIABILITY. LIMITATION OF LIABILITY. IN NO EVENT SHALL
SIEMENS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR
CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF PROFITS, OR BUSINESS
INTERRUPTION) ARISING OUT OF THE USE OF OR INABILITY TO USE ANY
EQUIPMENT OR ASSOCIATED soFrWARE DESCRIBED HEREIN EITHER
SEPARATELY OR IN COMBINATION WITH ANY OTHER PRODUCT
EQUIPMENT, SOFTWARE OR OTHER MATERIALS EVEN IF SIEMENS HAS
BEEN ADVISED OF THE POSSIBILITY OR CERTAINTY OF SUCH DAMAGES.
SIEMENS' TOTAL AGGREGATE LIABILITY HEREUNDER WHETHER BASED
UPON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY)
OR OTHERWISE, SHALL IN NO EVENT EXCEED THE PRICE PAID BY
LICENSEE HEREUNDER.
19. ARBITRATION. Any dispute arising from the terms and conditions of this Agreement
shall be settled by negotiation in good faith by the parties. If there is no Agreement
between the parties three (3) months after the beginning of such a negotiation, the dispute
shall be referred to arbitration in the United States of America in accordance with the
Rules of the International Chamber of Commerce, by one arbitrator appointed in
accordance with the said rules. Each party is responsible for its own costs.
20. ENTIRE AGREEMENT. The terms and provisions stated herein comprise all the terms,
conditions, and agreements of the parties respecting the Software maintenance provided
hereunder, and supersede any provision on the face and reverse side of the Licensee's
return order or any prior agreement inconsistent with the provisions hereof. No other terms,
conditions, representations, warranties or guarantees, whether written or oral, express or
implied, shall form a part hereof or have any legal effect whatsoever. No modification
7
Siemens Proprietary and Copyrighted Information
July 2002
SIEMENS
Siemens ResponseMasterTM Software Maintenance Agreement
hereof shall be valid unless in writing and duly signed by Licensee's and Siemens'
authorized representatives.
IN WITNESS WHEREOF
The parties have caused this Agreement to be executed
this of ,2002
Siemens Transportation Systems, Inc.
Integy~d Lqca[' Government Division
Title: Co ,o [
Licensee:
City of Corpus Christi
By:
Title
8
Siemens Proprietary and Copyrighted Information
July 2002
SIEMENS
Siemens ResponseMasterm Software Maintenance Agreement
ATTACHMENT A - SCHEDULE OF COVERED SOFTWARE
The following software is released and installed as part of the AVL project:
ResponseMasterTM Workstation Site License Including AVL/Map for Public Safety - (23S2000-003) Build 3
Baseline with Patches I thru 6
Shared Infrastructure Software: OneComm Multi-Channel Conb'oller including Radio Network Controller
Attachment- 1
Siemens Proprietary and Copyrighted Information
July 2002
SIEMENS
Siemens ResponseMasterTM Software Maintenance Agreement
ENCLOSURE 1 - SOFTWARE MAINTENANCE PRICING SCHEDULE
ONSITE ENGINEERI31G SERVICES. Siemens offers onsite engineering services for Software work not
covered by this Agreement. If Licensee wishes to contract for these services they will be provided at a rate of
$115 per hour, plus, a per diem price based upon travel expenses incurred.
SOFTWARE ENGINEERING SERVICES. Time and Material invoicing related to any correction services for
any Software covered under Article 12, Software Excluded From Maintenance Services, will be at the rate of
$150 per hour.
The following pricing is in effect for the period beginning August 1, 2002 through July 31, and 2003. The annual
maintenance fee is subject to an increase of up to 5% at time of renewal.
Software Category Description Maintenance Fee I
ResponseMaster Workstation Site License $11,500I
Shared Infrastructure Software: OneComm Multi-Channel Controller including Radio $10,250
Network Controller (7/15 share)
Total Maintenance Fee $21,750
Enclosure-
Siemens Proprietary and Copyrighted Information
July 2002
SIEMENS
13
AGENDA MEMORANDUM
DATE: September 12, 2002
AGENDA ITEM:
Motion authorizing the City Manager or his designee to execute a contract for professional
services between AMTEC and the City for a five-year term to provide arbitrage compliance
services.
ISSUE:
Due to the complex nature of arbitrage compliance regulations issued by the U.S. Treasury
regarding the Tax Reform Act of 1986, the City contracts with an arbitrage compliance
specialist. To ensure compliance with the hundreds of requirements in the Treasury
regulations, the City has contracted for these services since 1987. The City currently has
thirty-one tax-exempt bond issues that require arbitrage compliance calculations.
FUNDING:
All fees are paid from the Director of Financial Services' budget. If approved, AMTEC's
fees to perform calculations on thirty-one bond issues will be $35,000 annually, with
$30,000 being expended from the fiscal year 2002-2003 budget.
RECOMMENDATION:
Staffrecommends approval of the Motion authorizing the City Manager or his designee to
execute a contract for professional services between AMTEC and the City for a five-year
term to provide arbitrage compliance services. The five-year term is recommended because
of the complexity of the initial work required of a new contractor in their first year of
service.
Lee Ann Dumbauld
Director of Financial Services
Attachments: Background Information
BACKGROUND INFORMATION
Arbitrage interest earnings result from the investment of bond proceeds in U. S. Treasury
obligations at a higher yield than that of bonds issued. The Tax Reform Act of 1986, Section
148(F) of the Internal Revenue Code requires rebate of arbitrage earnings on each bond issue's
five-year anniversmy date. Arbitrage is a municipality's profit from borrowing funds in the
tax exempt market and investing them in the taxable market. Any tax exempt issue may be
subject to yield restrictions, rebate or both. To maintain the City's tax-exempt status, the City
must compute the arbitrage earnings on all unspent bond proceeds. The regulations are complex,
voluminous and require great expertise in performing the calculations. The City has contracted for
this professional service since 1987.
Arbitrage Summary
The Tax Reform Act of 1986 requires that issuers of tax exempt bonds restrict the earnings
on bond proceeds to the yield on the bonds issued. Earnings over the arbitrage yield on the
bonds must be paid to the federal government.
There are two main branches of arbitrage rules:
1. Bonds are arbitrage bonds if the issuer expects to invest the proceeds at a yield
that is materially higher than the bond yield. Exceptions permit unrestricted
investment yield during a temporary period, generally three years for capital
projects or in a reasonable required reserve fund.
Any arbitrage that the issuer earns during the temporary period or from a reserve
fund must be rebated to the federal government, unless one of several specific
exceptions to the rebate requirement applies to the issue.
Arbitrage and Exceptions
The arbitrage rules have many exceptions. As stated above, the most important exception is
the ability to invest bond proceeds above the bond yield during the temporary period or the
construction period. The arbitrage profits from this type of investment are rebated to the
federal government unless one of the following spending exceptions are achieved:
Small Issuer Exception - Bonds are exempt from rebate if $5 million or less are
issued in a calendar year.
Six Month Exception - If the bonds and income are fully expended within six
months from the date the bonds were issued, then the bonds are exempt from rebate.
H:~FIN-D1R~HARED\Council Items Agenda M~mos~arbitragecomplsve.ase.doe
Eighteen Month Exception - Bond proceeds and income are spent as follows:
15% after six months
60% after twelve months
100% after eighteen months
Twenty-four Month Construction Exception - (for construction issues only)
10% after six months
45% after twelve months
75% after eighteen months
100% after 24 months
The Rebate Requirement
The above is a general sampling of some rebate exceptions. Failing to achieve an exception
requires the issuer to rebate its arbitrage to the federal government by making rebate
payments, no less than every five years. The rebate requirement means that any profit from
investing bonds proceeds, at a yield above the bond yield, will belong to the federal
government.
Within the Arbitrage Regulations, there are many technical rules and formulas that must be
followed. The interpretation of these rules may differ between municipalities. Therefore, it
is extremely important to obtain the assistance of an expert in the field to ensure that the City
maintains compliance with the Tax Code and only pays the correct rebate, when due. The
IRS conducts audits of rebate computations.
Summary
The current contract will expire in November 2002. The City requested proposals from
arbitrage compliance service providers during August 2002. The City advertised locally and
mailed proposals to seven known providers. Four proposals were received and one firm
declined to submit a proposal.
An evaluation team consisting of the Finance Director, City Treasurer, Assistant Director of
Finance, Investment Analyst Management Assistant reviewed all proposals. All firms met
the requirements, which dealt with the overall experience in providing arbitrage compliance
services, experience of personnel, approach to scope of serv/ce, references--therefore, fees
charged for services were the only distinguishing point among the proposers.
H:~IN-DIRXSHAR~D\Counoil Items Agenda Memos~rbilmgeoomplsve.age.doe
The following table shows ratings assign~ to each proposal by the team:
Evaluation Criteda Factor AMTEC Corp. First Southwest Bond Logistics Deloitte & Touch~ Public Financial
Management
~a~nual fee and projected Declined
;~ecses 40% 40% 10% 10% 11%
=inn's overall e~erlence in
)roV~ding arbiftage compliance 15% 15% 15% 15% 15%
Experience in provkSing
~rbiffage compliance of
~emonnel assigned to the City's
~oject 15% 15% 15% 15% 15%
Npproach to scope of sen~ces 15% 15% 15% 15% 5%
References 15% 15% 15% 15% 15%
Total ~ 100% 70% 70% 61%
HAFIN-DIR\SHARED\Councfl Items Agenda Memos'~arbitrageoomplsvo.age doe
14
CITY COUNCIL
AGENDA MEMORANDUM
September 19, 2002
AGENDA ITEM:
Resolution expressing official intent to publish notice of intention to issue City of Corpus Christi, Texas
Combination Tax and Municipal Hotel Occupancy Tax Revenue Certificates of Obligation, Series 2002; for
the purpose of funding renovations and improvements to the Convention Center.
ISSUE:
State law requires that a notice of intention be published when revenue bonds will be sold. These bonds will
be used for the purpose of paying contractual obligations to be incurred by the City, to-wit, the acquisition of
land and the construction of improvements to the City's Convention Center located at 1901 North Shoreline
Boulevard, the construction of related street drainage improvements, and the payment of fiscal, engineering
and legal fees incurred in connection therewith.
REQUIRED COUNCIL ACTION:
City Council approval of the Resolution directing the publication of the notice.
PRIOR COUNCIL ACTION:
April 17, 2001 - Approved selection of the financing team: Financial Advisor- M. E. Allison & Co.; Senior
Managing Underwriter- A.G. Edwards, and Co-Manager Loop; and, Bond Counsel - McCall, Parkhurst and
Horton, L.L.P for the Convention Center improvements.
FUTURE COUNCIL ACTION:
The City Council tentatively proposes to authorize the issuance of said series (one or more) of Certificates of
Obligation at its regular meeting place in the City Hall at a meeting to commence at 2 o'clock, p.m., on the 29th
day of October, 2002. The maximum amount of Certificates of Obligation indebtedness that may be
authorized to be sold on said date for such purposes described above is $35,000,000. The City Council
presently proposes to provide for payment of said series (one or more) of Certificates of Obligation from the
levy of ad valorem taxes and from surplus revenues derived from the hotel occupancy tax levied and collected
by the City under authority of Chapter 351, Texas Tax Code.
CONCLUSION AND RECOMMENDATION:
I recommend that the City Council approve the resolution expressing official intent to publish notice of
intention to issue City of Corpus Christi, Texas Combination Tax and Municipal Hotel Occupancy Tax
Revenue Certificates of Obligation, Series 2002; and resolving other matters relating to the subject.
Lee~nn Dumbauld
Director of Financial Services
A RESOLUTION
BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS,
DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE
COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION,
SERIES 2002; AND RESOLVING OTHER MATTERS RELATING TO THE
SUBJECT
WHEREAS, the City of Corpus Christi expects to pay expenditures in connection with the
design, planning, acquisition and construction of the projects described in Exhibit A to this Resolution
prior to the issuance of the Certificates of Obligation hereinafter described; and
WHEREAS, it is hereby officially found and determined that the meeting at which this
Resolution was considered was open to the public, and public notice of the time, place and purpose
of said meeting was given, ail as required by Chapter 551, Texas Government Code.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
Section 1. That attached hereto and marked "Exhibit A" is a form of notice, the form and
substance of which are hereby passed and approved.
Section 2. That the City Manager shall cause said notice to be published, in substantially the
form attached hereto, in the Corpus Christi Calldr-Times, a newspaper of general circulation in the
City of Corpus Christi, Texas, for two consecutive weeks, the date of the first publication to be
before the fourteenth day before the day tentatively proposed for authorizing the issuance of the
Certificates of Obligation as shown in said notice.
Section 3. That the facilities and improvements to be financed with proceeds from the
proposed Certificates of Obligation are to be used for the purposes described in the attached Notice
of Intention.
Section 4. That all resolutions or parts thereof in conflict herewith are hereby repealed.
PASSED AND APPROVED this the 24t~ day of September, 2002.
ATTEST:
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
The City of Corpus Christi
Approved as to legal form this the
James R. Bray, Jr.
City Attorney
day of ~-~-t~k~, 2002
By:
Lisa Aguilar
Assistant City Attorney
H:~LEG-DIR~isa~RES~IOTICE2002~ 1 .DOC
EXHIBIT A
NOTICE OF INTENTION TO ISSUE
CERTIFICATES OF OBLIGATION
NOTICE IS HEREBY GIVEN that it is the intention of the City Council of the City of
Corpus Christi, Texas, to issue one or more series of the interest bearing certificates of obligation
of the City to be entitled "City of Corpus Christi, Texas Combination Tax and Municipal Hotel
Occupancy Tax Revenue Certificates of Obligation, Series 2002", for the purpose of paying
contractual obligations to be incurred by the City, to-wit, the acquisition of land and the
construction of improvements to the City's Convention Center located at 1901 N. Shoreline
Boulevard, the construction of related s~xeet and drainage improvements, and the payment of
fiscal, engineering and legal fees incurred in connection therewith. The City Council tentatively
proposes to authorize the issuance of said series (one or more) of Certificates of Obligation at its
regular meeting place in the City Hall at a meeting to commence at 2 o'clock, p.m., on the 29th
day of October, 2002. The maximum amount of Certificates of Obligation indebtedness that
may be authorized to be sold on said date for such purposes described above is $35,000,000.
The City Council presently proposes to provide for payment of said series (one or more) of
Certificates of Obligation from the levy of taxes and from surplus revenues derived from the
hotel occupancy tax levied and collected by the City under authority of Chapter 351.003(c),
Texas Tax Code.
CITY OF CORPUS CHRISTI, TEXAS
/s/Samuel L. Neal, Jr.
Mayor
H:\LEO-DIR~isa~RES~NOTICE2002~I .DOC
15
ORDINANCE STATUS
AGENDAITEM;
Ordinance amending the ClearSource/Grande Franchise to provide one-month
extension for broadcasting of public and repeat government access channel
programming.
FIRST READING:
September 17, 2002
Passed: 9.0
FINAL READING:
September 24, 2002
COMMENTS:
(None)
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 interconnection. 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 CLEARSOURCE/GRANDE FRANCHIrSE 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 6.2 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 '";*";-_....... *~;'~'......~
(30) '~ .... cf *"" =~""*;'"' r~,,. cf *~';° ^~'~-"~""""* in accordance with the
Rules and Procedures for Public Access Cablecasting set forth in Exhibit "A"
of the Master Ordinance.
That the foregoing ordi~nance w&s read for ~he first time and passed to its second
reading on this the _LqnJ~ay of,,_~p~O~ 2002, by the following vote:
Samuel L. Neal, Jr. ~ Rex A. Kinnison ~ ~
Brent Chesney ,0~ John Longoria (f)~, .~..~
,.~ ~j (
Javier D. Colmenero ~ ~ Jesse Noyola ~ ;)~.~____.
Henry Garrett ~(~ ~-./ Mark Scott {/~ ~_.~
Bill Kelly ~ ~' (~
That the foregoing ordinance was read for the second time and passed finally on this
the __ Day of
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Henry Garrett
Bill Kelly
,2002, by the following vote:
Rex A. Kinnison
John Longoria
Jesse Noyola
Mark Scott
PASSED AND APPROVED this the
ATTEST:
__ Day of
,2002.
Armando Chapa, City Secretary
LEGAL FORM APPROVED
JAMES R. BRAY, JR.
CITY ATTORNEY
By: Z/c/~ ~
Lisa Aguilar
Assistant City Attorney
Samuel L. Neal, Jr., Mayor
City of Corpus Christi
,2002
16
AGENDA MEMORANDUM
PUBLIC HEARING - ZONING (City Council Action Date: September 24, 2002)
Case No. 0702-01~ Mostaghasi Investment Trust: A change of zoning from an "F-R" Farm-Rural
District to an "AB" Professional Office District on Area 1 and a "B-I" Neighborhood Business District on Area
2, on Airline Subdivision Unit 3, Block 1, Lot 1, located on the east side of Airline Road and south of Cimarrun
Road.
Planning Commission and Staff's Recommendation (07/31/02): Denied, and in lieu thereof, that
an "R-2" Multiple Dwelling District be approved on Area 1 and a "B-I" Neighborhood Business District be
approved on Area 2.
Requested Council Action: Denial, and in lieu thereof, that an "R-2" Multiple Dwelling DishSct be
approved on Area 1 and a "B-I" Neighborhood Business District be approved on Area 2 and adoption of thc
attached ordinance.
Purpose of Request: For business or office complex development.
Summary: The applicant has requested a change of zoning from "F-W' Farm-Rural District on Area 1 consisting of
1.642 acres to "AB" Professional Office District and on Area 2 consisting of 1.627 acres to "B-I" Neighborhood
Business District, totaling 3.269 acres. The subject property is a narrow linear lot measuring with a variable width
of 156.49 feet to 139.02 feet by 1,050.65 feet to 980.82 feet. Due to the configuration of the lot, a linear
development plan is proposed for the area by the applicant.
The purpose of the "AB" District rezoning is to develop office uses within Area 1 that is located to the rear of the
subject propert:y. The proposed "AB" District will allow lower intensity uses such as residential and office
development and will serve as a buffer to the residential properties to the southeast. A "B-I" District allowing for
business/retail development is proposed w/thin Area 2 fronting Airline Road and will accommodate parking needs
for the proposed building at this site. The higher intensity "B-I" District is proposed along Airline Road, an
arterial, and offers a variety of uses ranging from residential uses to retail uses.
North of the subject property is a drainage R.O.W. that extends east and west along the north boundary line of the
subject prope~y. South of the subject property, along Airline Road, is a mixture of business and office uses zoned
with "AB" and "B-I" Districts. Properties southeast of the subject property, without Airline Road adjacency, are
zoned with a "R-lB" District and are primarily developed with single-family residences. Across Airline Road to the
west is a 21-acre tract of undeveloped "B-I" District property. Adjacent east of the subject property is
approximately 19.62 acres of undeveloped "FR" Dis~-ict property. A standard screening fence with a height of not
less than six (6) feet is required when a business use locates adjacent to a residential district. Since a portion of the
subject property has residential adjacency to the south, a standard screening fence will be required along this area.
The subject property has frontage along Airline Road an arterial roadway. Traffic generated from the proposed
office and business use will not adversely impact the area nor traverse the residential property further south.
Applicant's Position: The applicant concurs with Planning Comnnssion and Staffs recommendation.
Notification: Prior to the date of this memorandum, twenty-six (26) notices were mailed to the property owners
within a 200-foot radius, of which none were returned in favor and seven (7) were returned in opposition. Two (2)
notices in favor were submitted in favor. One (1) petition in opposition was submitted with 14 signatures. This is a
controversial case with 19.8% in opposition.
Michael N. Gunning, AICP
Director of Planning
MG~G~er
Agenda Memorandum
Case No. 0702-01 (Mostaghasi Investment Trust)
Page 2
Attachments:
1) Zoning Report
2) Comments Received
3) Planning Commission Minutes
4) Ordinances
Pages
Pages
Pages
Pages
3-10
11-13
14-16
17-26
H:XPLN-DIR~ERMA\WORD~AGENDMEM\0702-01AGENDAMEMO.DOC
CITY COUNCIL
ZONING REPORT
Case No.:
Planning Commission
Hearing Date:
Map No.:
Applicant:
Legal Descriotion/Location:
0702-01
July 17, 2002
G16B/H16D
Mostaghasi Investment Trust
Airline Subdivision Unit 3, Block 1, Lot 1, located on the east side of Airline Road and south of
Cimarron Road.
Area of Request:
Lot(s) Area:
Current Zoning:
Request:
Area 1 - 1.642 acres
Area 2 - 1.627 acres
Total Area - 3.269 acres
Same as above.
"F-R" Farm-Rural District
"AB" Professional Office District on Area 1 and
"B-I" Neighborhood Business District on
Area 2.
Undeveloped land.
Business or office complex development.
Not applicable.
(Drainage R.O.W.) "FR" Farm-Rural Distxict, (across Drainage R.O.W.) "B-4" General
Business District, "B-4'TSP General Business District with a Special Permit and
"A-l"/SPApartment House District with a Special Permit
"R-lB" One-family Dwelling District and "AB" Professional Office District
"FR" Farm-Rural District
(Across Airline Road) "B-i" Neighborhood Business District
Current Use of Property:
Purpose of Request:
Zoning Change Requested Due
to Notice of Violation:
Adjacent Zonine:
North -
South -
East
West
Zoning Report
Case No.0702-01 (Mostaghasi Investment Tins0
Page 2
Adjacent Land Use:
North - Drainage R.O.W. (across drainage R.O.W.) Shopping center.
South - Office and retail uses.
East Undeveloped land.
West - (Across Airline Road) Undeveloped land.
Number of Residential Units Allowed:
"F-R" - 0 trait (1 unit per 5 acres)
"AB" - 59 units (36.30 dwelling units per acre)
"B-I" - 59 units (36.30 dwelling units per acre)
Estimated Traffic Generation:
Office - 11.50 average weekday vehicle trip ends per 1,000 square feet of gross floor area x 4,221
square feet of gross floor area (average floor area per ITE Manual) = 48 average weekday vehicle
trip ends.
Specialty retail center- 40.67 average weekday vehicle trip ends per 1,000 square feet of gross floor
area (A.M. Peak Hour) x 10,596 square feet of gross floor area (average floor area per 1TE Manual)
= 431 average weekday vehicle trip ends.
Adiacent Streets/Classification:
a) Airline Road - arterial
Right-of-Way Design
Current:
a) 80-foot right-of-way with a 58-foot paved section.
Planned:
a) Same as current.
November 2001 Traffic Count (24-hour, weekday, non-directional):
a) 19,815 vehicles per day.
Zoning History of Property:
There has been no rezoning activity within the past five (5) years.
Zoning Report
Case No.0702-01 (Mostaghasi Investment Trust)
Page 3
Recent Surrounding Zoning Cases:
In April 1998, Block B, Lot 3 of Airline Subdivision, located 210 feet south of the subject property
was granted a change of zoning from a "AB"/SP Professional Office District with a Special Permit
for an auto sales lot to a "B-I" Neighborhood Business District in order to operate an ice cream shop.
Zoning Inventory:
The subject property is the last "FR" District lot, other than thc city drainage R.O.W. area north of
the subject property, remaining in the immediate area along Airline Road. Other lots along the east
side of Airline Road are a mixture of "AB" and "B- 1" Districts developed with retail, auto and office
uses. South of the subject site is a large "R-lB" District area that is approximately 50 percent
developed with single-family residences. Across Airline Road to the west is a 21-acre tract of
undeveloped "B-I" District properly.
Planning Staff Analysis:
General Characteristics and Background: The applicant has requested a change of zoning
from "F-R" Farm-Rural District on Area 1 consisting of 1.642 acres to "AB" Professional
Office District and on Area 2 consisting of 1.627 acres to "B-I" Neighborhood Business
District, totaling 3.269 acres. The subject property is a narrow linear lot measuring with a
variable width of 156.49 feet to 139.02 feet by 1,050.65 feet to 980.82 feet. Due to the
configuration of the lot, a linear development plan is proposed for the area by the applicant.
The purpose of the "AB" District rezoning is to develop office uses within Area 1 that is
located to the rear of the subject property. The proposed "AB" District will allow lower
intensity uses such as residential and office development and will serve as a buffer to the
residential properties to the southeast. A "B-I" District allowing for business/retail
development is proposed within Area 2 fronting Airline Road and will accommodate parking
needs for the proposed building at this site. The higher intensity "B-I" District is proposed
along Airline Road, an arterial, and offers a variety of uses ranging from residential uses to
retail uses.
North of the subject property is a drainage R.O.W. that extends east and west along the north
boundary line of the subject property. South of the subject property, along Airline Road, is
a mixture of business and office uses zoned with "AB" and "B-I" Districts. Properties
southeast of the subject property, without Airline Road adjacency, are zoned with a "R-lB"
District and are primarily developed with single-family residences. Across Airline Road to
the west is a 21-acre tract of undeveloped '~B-i" District property. Adjacent east of the
subject property is approximately 19.62 acres of undeveloped "FR" District property. A
standard screening fence with a height of not less than six (6) feet is required when a
business use locates adjacent to a residential district. Since a portion of the subject property
has residential adjacency to the south, a standard screening fence will be required along this
area. The subject property has frontage along Airline Road an arterial roadway. Traffic
Zoning Report
Case No.0702-01 (lVlostaghasi Investment Trust)
Page 4
generated from the proposed office and business use will not adversely impact the area nor
traverse the residential property further south.
Conformity to the Comprehensive Plan and Land Use Compatibility: Overall, the
Comprehensive Plan Elements can generaily support the requested "AB" and "B-1" Districts
due to the area transitioning with business uses along Airline Road south of the subject
property.
Potential Housing Density: An "F-R" District permits a density of one dwelling unit for each
five (5) acres or 0 units on the subject property. The "AB" and "B-I" Districts permit a
density of 36.30 dwelling units per acre or fifty-me (59) units for each district on the subject
property.
HeighffBulk/Setbacks/Etc.: The are no setback requirements or building height limitations
in the "F-R" District. The "AB" and "B-I" Districts, require a front yard setback of twenty
(20) feet. The required side and rear yard setbacks in an "AB" District are ten (10) feet each.
There are no required side or rear yard setbacks in the "B-I" Districts for non-residential
uses, unless adjacent to a residential district, where a setback often (10) feet will be required
along that adjacency. A setback often (10) feet will be required along the southeast side
property line due to "R-lB" District adjacency. There are no building height limitations in
the "FR" District. Building heights are limited to 45 feet not to exceed three (3) stories in
an "AB" District and 35 feet not to exceed three (3) stories in the "B-I" District.
Sign,age: The "F-R" District does not permit any signs unless to advertise products grown
on the propc~y. An "AB" District permits wall signage at four (4) square feet per tenant not
to exceed twenty (20) square feet and a freestanding sign with a sign area of 20 square feet
with a height of six (6) feet. The "B-I" District permits unlimited wall signs and one (I)
freestanding sign per premise, limited to an area not to exceed 40 square feet and a height
not to exceed 20 feet.
Traffic: The combined office and retail development is estimated to generate approximately
479 daily vehicle trip ends. This traffic will access directly to an arterial, Airline Road. The
amount of traftic generated from the proposed development will not traverse or adversely
impact the adjacent residential area to the southeast.
Parking/Screening: A retail or office establishment is required to provide one off-street
parking space for each 200 square feet of gross floor area. Compliance with the parking
regulations will be required before a Certificate of Occupancy can be issued. A standard
screening fence with a height of not less than six (6) feet is required when a business use
locates adjacent to a residential distr/ct. Since the subject property has residential adjacency
to the southeast, a standard screening fence will be required along the applicable area.
Costs to Cit3c. Airline Road has been improved to its planned width along the subject property
area. All infrastructure required to serve the subject property is in place and no additional
costs to the City are anticipated.
Zoni~ Report
Case No.0?02-01 (Mosta~msi Inveslment Trust)
Page $
· Platting: The subject property is a platted lot and will not require replatting.
Pros: (Ideas in support of the request.)
a) The requested "AB" and "B-I" Districts are generally consistent with the Southside Area
Development Plan's adopted future land use map.
Property south of the subject property and along Airline Road has transition to office and
retail development.
Cons: (Ideas in support of maintaining the current zoning.)
b)
a) None.
Staff Recommendation:
Attachments:
Approval.
Zoning and Ownership Map
Ownership List
H:~P LIq-DIR\ERMA\WORD~ONRPTS\0702-01 CCREPORT.DOC
B-4
HOLLY OAKS
HOLLY OAKS
A-2
HOLLY OAKS
R-2/SP/96-02
B-I
PARCELS
HOLLY OAKS
'/86-01
WOOLDR I DGE
CREEK
UNIT 6
B-4
FLOUR BLUFF &
ENC I NAL FARM
&
B-I
CREEK
UNIT 9
AIRLINE
L~IT 4
B-I
A-2
R-lC
fb &: EF & ~T
F-R
B-I
VILLA FL~
· - Property Owner in Favor
X . Property Owner Opposed
See Comme.,, o. "age(,) //
Jul 10, 2002-RP
CASE Z0702-01
Subject property
["~"'lOwnore within 200 feet Ilated on attached ownership
Applicant:
Mostaghasi Investment Trust
3802 Brockhampton 78414
1
Z0702-01 006300020010
NARO EDWARD
4949 OAKMONT
CORPUS CHRISTI TX 78413
AIRLINE LT 1 BLK B LESS POR TO
ROW
OW31ERSHIP LIST
CASE NO. 0702-01
2
Z0702-01 006300020020
SHAFINURY MORTEZA
P O BOX 270152
CORPUS CHRISTI TX 78427
AIRLINE LT 2 BK B LESS POR TO
ROW
2
Z0702-01 006300020030
SHAF1NURY MORTEZA
P O BOX 270152
CORPUS CHRISTI TX 78427
AIRLINE LT 3 BK B LESS POR TO
ROW
2
Z0702-01 006300020040
SHAFINURY MORTEZA
P O BOX 270152
CORPUS CHRISTI TX 78427
AIRLINE LT 4 BK B
3
Z0702-01 006300020050
RUSSELL RAMZY JR
1601 HEMLOCK PL
CORPUS CHRISTI TX 78416
AIRLINE LT 5 BK B
4
Z0702~01 006300020060
GARZA GUADALUPE V ET UX
6422 LYONS
CORPUS CHRISTI TX 78415
AIRLINE LT 6 BK B
5
Z0702-01 006300020070
ANDERSON SHERMAN
· 1521 LEXINGTON AVE
CORPUS CHRISTI TX 78408
AIRLINE LT 7 BK B
6
Z0702-01 006300020080
TRYON RUTH MAE
1321 VAN LOAN
CORPUS CHRISTI TX 78409
AIRLINE LT 8 BK B
7
Z0702-01 006300020090
PRYOR CECIL L SR
5188 CHRISTINE DR
ANNARBOR MI 48103
AIRLINE LT 9 BK B
7
Z0702-01 006300020100
PRYOR CECIL
5188 CHRISTINE DR
ANNARBOR MI 48103
AIRLINE LT 10 B K B
8
Z0702-01 006300020110
FATHEVEE EDNA MAE
6510 LYONS
CORPUS CHRISTI TX 78415
AIRLINE LT 11 BK B
9
Z0702-01 006300020120
MORENO RENE R
6514 LYONS
CORPUS CIrIRISTI TX 78414
AIRLINE LT 12 BKB
10
Z0702-01 006300020130
LUCERO EDWARD R & WFE JAN
6518 LYONS ST
CORPUS CHRISTI TX 78415
AIRLINE LT 13 BKB
11
Z0702-01 006300020140
VASQUEZ FRANCISCO C ET U
CARMEN A VASQUEZ
6522 LYONS STREET
CORPUS CHRISTI TX 78414
AIRLINE LT 14 BK B
12
Z0702-01 006300020150
ALANIZ ELIA
7030 LARAMIE LANE
CORPUS CHRISTI TX 78414
AIRLINE LT 15 BK B
12
Z0702-01 006300020160
ALANIZ ELIA
7030 LARAMIE LANE
CORPUS CHRISTI TX 78414
AIRLINE LT 16 BKB
13
Z0702-01 006300020170
ALANIZ ELLEN
4852 CALHOUN CANYON LOOP
AUSTIN TX 78735
AIRLINE LT 17 BK B
14
Z0702-01 006300020180
PAEZ NOE M
6542 LYONS
CORPUS CHRISTI TX 78414
AIRLINE LT 18 BK B
Ownership List
C~e No. 0702-01 (Mostaghasi Investment Trus0
Page 2
14
7,0702-01 006300020190
PAEZ NOE M
6542 LYONS ST
CORPUS CHRISTI TX 78414
AIRLINE LT 19 BKB
15
Z0702-01 006300020200
WOODSON HAROLD J JR
6606 CRESTRff)GE ST
HOUSTON TX 77033
AIRLINE LT 20 BK B
14
7_,0702-01 247600190152
PAEZ NOE M
6542 LYONS ST
CORPUS CHRISTI TX 78414
FLOUR BLUFF & ENC FRaM GDN
TRACT .615 AC OUT OF LT 15 SEC 19
16
Z0702-01 350000020010
GLrLFWAY SHOPPING CENTER
P O BOX 8229
CORPUS CHRISTI TX 78412
HOLLY OAKS S/D LTI BLK 2
17
Z0702-01 350000020020
CASA 94, L. P.
% HENDERSON RqVESTORS
1 FINANCIAL PLAZA, 19TH F
HARTFORD CT 06103
HOLLY OAKS S/D LT 2 BLK 2
18
Z0702-01 350000020030
CITY OF CORPUS CHRISTI
P O BOX 9277
CORPUS CHRISTI TX 78469
HOLLY OAKS S/D LT 3 BLK 2
18
7.0702-01 350000020030
CII'~' OF CORPUS CHRISTI
P O BOX 9277
CORPUS CHRISTI TX 78469
HOLLY OAKS S/D LT 3 BLK 2
19
Z0702-01 990000080050
CIMARRON VENTURE 1 &
THE BANK OF CORPUS CHRIST
% TIM CLOWER/P 0 BOX 6762
CORPUS CHRISTI TX 78466
WOOLDRIDGE CREEK UNIT 6, LOT 5
B BK 8 WOOLDRIDGE CREEK UNIT
6 LT 5B BLK 8
20
Z0702-01 990100010010
MILLER JERRY L AND
TERRY G MILLER
10305 LEOPARD
CORPUS C3tRISTI TX 78410
WOOLDRIDGE CREEK UNIT 7 LTS 1
&2BK1
21
Z0702-01
TEXAS DEPT. OF TRANSPORTATION
1701 S. PADRE ISLAND DR.
CORPUS CHRISTI, TEXAS 78416
22
Z0702-01
TEXAS DEPT. OF TRANSPORTATION
1701 S. PADRE ISLAND DR.
CORPUS CHRISTI, TEXAS 78416
23
Z0702-01
TEXAS DEPT. OF TRANSPORTATION
1701S. PADRE ISLANDDR.
CORPUS CHRISTI, TEXAS 78416
24
Z0702.-01
TEXAS DEPT. OF TRANSPORTATION
1701 S. PADRE ISLAND DR.
CORPUS CHRISTI, TEXAS 78416
SP
Z0702-01 006500010011
BIG STATE PROPERTIES LLC
11451 KATY FRWY 6TH FLOO
HOUSTON TX 77079
AIRLINE 3 LT 1 BK 1, 2,84 ACRES
SP
Z0702-01 006500010011
BIO STATE PROPERTIES LLC
11451 KATY FRWY 6TH FLOO
HOUSTON TX 77079
AIRLINE 3 LT 1 BK 1, 2.84 ACRES
SP
Z0702-01 006500010010
MOSTAGHASI INVESTMENT TRU
6214 GEORGIA
CORPUS CHRISTI TX 78414
AIRLINE 3 LT 1 BK 1, 18,499 SQ FT
Z0702-01
LUPITA BESTE
BRIGHTON VILLAGE ZONING
COORDINATOR
P. O. BOX 81531
CORPUS CHRISTI, TEXAS 78468
Z0702-01
TERRY WHITE
BRIGHTON VILLAGE
NEIGHBORHOOD ASSN.
2514 S. PADRE ISLAND DR.
CORPUS CHRISTI, TEXAS 78415
Z0702-01
SYLVIA ESCOBEDO
BUCKINGHAM ESTATES
NEIOHBORHOOD ASSN.
6901 SIR GERAINT ST.
CORPUS CHRISTI, TEXAS 78413
Z0702-01
WILLIAM KRUMNOW
THE LAKES MASTER ASSN.
7502 VENICE DR.
CORPUS CHRISTI, TEXAS 78413
· - FAVOR
X - OPPOSED
COMMENTS RECEIVED
FROM NOTICES MAILED
Case No. 0702-01
Mostaghasi Investment Trust
(Note: The listed numbers correspond to the attached map.)
Notices returned from within the 200-foot notification area:
Favor:
Opposition:
4)
9)
10)
11)
12)
13)
14)
None.
Guadalupe V. Garza, 6422 Lyons St.
Signed petition.
Rene R. Moreno, 6514 Lyons St.
Signed petitio~
Edward R. Lucero, 6518 Lyons St.
Signed petition.
Francisco Vasquez, 6522 Lyons St.
Signed petition.
Elia Alaniz Duarte, 6530 Lyons St.
"High fence will affect breeze coming through; awful view of buildings; area so
secluded, there could be drug dealing; and rat problem."
Ellen Alaniz, 4852 Calhoun Canyon Loop, Austin, Texas
Signed petition.
Noe M. Paez, 6542 Lyons St.
"Keep our area residential. Keep out crime that is associated with business areas.
Lot is very narrow and deep; would be congested in case of emergency such as
fire."
Comments Received
Case No. 0702-01 (Mostaghasi Investment Trust)
Page 2
II.
Responses received from outside the 200-foot notification area:
Favor:
James, Jerstad, and Sandra Brands, 5826 King Trail
No written comment.
· Gary Kom, 4809 King Lane
No written comment.
Opposition: None.
Responses received from owners/applicants of subject area:
Favor: None.
Opposition: None.
Petitions
Favor: None.
Opposition:
One (1) petition was submitted in opposition with 14 signatures.
H APLN-D IR~ERMA\WORD~COMMDATA~0702-01 COMMENTS.DOC
Petition
Case No. 0702-01
We, the residents on Lyons Street, hereby oppose the change of zoning. We are
petitioning thc City of Corpus Christi to not consider a change of zoning from "F-R'
Farm-Rural District to "B-I' Neighborhood Business District on Area 1 and "AB"
Professional Office District on Area 2. The following homeowners are opposed:
//112~
Plannin$ Commission Minutes
Iuly 17, 2002
Mostaghasi Investment Trust: 0702-01
REQUEST:
"F-R" Farm-Rural District to "B-I" Neighborhood Business District on Area 1 and "AB"
Professional Office District on Area 2 on Airline Subdivision Unit 3, Block 1, Lot 1,
located on the east side of Airline Road and south of Cimamun Road.
Mr. Saldafia presented a computerized slide illustration of the subject property end the
surrounding area. The subject propex~y is the last "FR" District lot, other than the city drainage R.O.W.
area north of the subject property, remaining in the immediate area along Airline Road. Other lots along
the east side of Airline Road are a mixture of "AB" and "B-1' Districts developed with retail, auto and
office uses. South of the subject site is a large "R-lB" District area that is approximately 50 percent
developed with single-family residences. Across Airline Road to the west is a 21-acre tract of undeveloped
"B-I" District property.
The applicent has requested a change of zoning fi:om "F-W' Farm-Rural District on Area 1
consisting of 1.627 acres to "B-I" Neighborhood Business District end on Area 2 consisting of 1.642 acres
to "AB" Professional Office District, totaling 3.269 acres.
The propose of the "AB" District rezoning is to develop office uses within Area 2 that is located to
the rear of the subject property. The proposed "AB" District will allow lower intensity uses such as
residential and office development and will serve as a buffer to the residential properties to the southeast.
Business/retail development is proposed within Area I fronting Airline Road where a "B-I" District is
requested. The higher intensity "B-I" District is proposed along Airline Road, an arterial, and offers a
variety of uses rangin4 from residential uses to retail uses.
North of the subject property is a drainage R.O.W. that extends east and west along the north
boundary line of the subject property. South of the subject property, along Airline Road, is a mixture of
business and office uses zoned with "AB" and "B-I" Districts. Properties southeast of the subject property,
without Airline Road adjacency, are zoned with a "R-lB" District and are primarily developed with single-
family residences. Across Airline Road to the west is a 21-acre tract of undeveloped "B-I" District
property. Adjacent east of the subject property is approximately 19.62 acres of undeveloped "FR" District
property. A standard screening fence with a height of not less than six (6) feet is required when a business
use locates adjacent to a residential disffict. Since a portion of the subject property has residential
adjacency to the south, a standard screening fence will be required along this area. The subject propemy
has frontage along Airline Road an arterial roadway. Traffic generated from the proposed office and
business use will not adversely impact the area nor traverse the residential property further south.
Comprehensive Plan Elements cen generally support the requested "AB" and "B-I" Districts due
to the area transifioning with business uses along Airline Road south of the subject property. Therefore,
Staff recommends approval of the rezoinng request.
There were 26 notices mailed to property owners within a 200-foot radius of which one (1) was
received in opposition and none were received in favor.
Chairman Berlanga opened the public hearing.
Elia Aleniz, 6525 Lyons, submitted a petition in opposition to the rezoning request. Ms. Alaniz
stated that the neighborhood opposes the rezoulng request for various reason which include fencing the
property which would eliminate the breeze. She added that the neighborhood is opposed to office buildings
being developed on the property because the parking area would increase provide a place for teenagers to
hang out. Ms. Aleniz said that the adjacent property owners would rather have trees in the area end not
office buildings. She responded to Commissioner's comment by saying that the neighborhood has tried to
purchase the property, but the property owner would not sell.
p!smnin~ Commission Minutes
Suly 17, 2002
Case No. 0702-01 (Mostaghasi Investment Trust)
Page 2
Ed Lucero, 6518 Lyons, said that he contacted CP&L regarding the easement on the property and
that the representative said that nothing would be built on the line not even a parking lot.
Noe Paez, 6542 Lyons, said that he also owns three other lots on Lyons Street. Mr. Paez raised
concerns regarding emergency vehicle access to the property.
Public hearing was closed.
A discussion ensued regarding the width of the lot and proposed uses. The applicant was not
available to answer questions raised by the Commission. Therefore, a motion was made by Amsler,
seconded by Sween-McGloin, to continue the zoning case to the July 31, 2002 meeting. Motion passed
with Pnsley and Richter being absent.
Planning Commission Minutes
Iuly 31, 2002
ZONING
Continued Zoning Case
Mustaghasi Investment Trust: 0702-01
REQUEST:
"F-R" Farm-Rural District to "B-I" Neighborhood Business District on Area 2 and "AB"
Professional Office Dia~ct on Area 1 on property described as Alameda Park, Block 4,
Lot 1 and located on the east side of Airline Road and south of Cimarron Boulevard.
Mr. Saldafm presented a computerized slide illustration of the subject property and the
surrounding area. The subject property ia the last "FR" District lot, other than the city drainage R.O.W. area
noxlh of the subject property, renl~inino~ ill the immediate area along Airline Road. Other lots along the
east side of Airline Road are a mixture of"AB' and "B-I' Districts developed with retail, auto and office
uses. South of the subject site is a large "R-lB" District area that is approximately 50 percent developed
with single-family residences. Across Airline Road to the west is a 21-acre tract of undeveloped "B-I'
Distxict property.
Mr. Saldafia said that he spoke with a representative of CP&L who said that the applicant could
develop the prope~y with their guidance.
Chairman Berlanga opened the public hearing.
George Mostaghasi, 3802 Brocldmmpton, explained that he wanted to develop the from portion of
the property with retail and the rear portion with townhomes. The remaining area would serve as a parking
lot.
Ed Lucero, 6518 Lyons, said that the neighborhood does not want tall buildings at the rear of their
property and that he did not believe an3nhlng could be developed on the propetBt because of the CP&L
easement.
Public hearingwasclosed.
Mr. Saldafia suggested that the applicant could have a zoning that refers to the number of homes
he would like to have.
Commissioner Sween-McGloin expressed concerns with ingress and egress from the property in
cases of emergency and the number ofuults allowed in various zoning diatricta. She suggested an"R-2"
District to which the applicant agreed.
Motion by Sween-McGloin, seconded by Amsler, to forward a recommendation of "R-2" District
for Area 1 and "B-I" District for Area 2. Motion passed with Mims, Pusley, and Smith being absent.
PLANNING COMMISSION
AND STAFF'S
RECOMMENDATION
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY
MOSTAGHASI INVESTMENT TRUST, BY CHANGING THE ZONING
MAP IN REFERENCE TO LOT t, BLOCK t, AIRLINE SUBDIVISION
UNIT 3, FROM "F-R" FARM-RURAL DISTRICT TO "B-t"
NEIGHBORHOOD BUSINESS DISTRICT ON AREA 2 AND TO "R-2"
MULTIPLE DWELLING DISTRICT ON AREA 1; AMENDING THE
COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS
FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR
PUBLICATION; AND DECLARING AN EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the application of Mostaghasi Investment Trust for
amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map;
WHEREAS, with proper notice to the public, public headngs were held on Wednesday,
July 31, 2002, dudng a meeting of the Planning Commission, and on Tuesday,
September 24, 2002, dudng a meeting of the City Council, in the Council Chambers, at
City Hall, in the City of Corpus Christi, during which all interested persons were allowed
to appear and be heard; and
WHEREAS, the City Council has determined that this amendment would best serve
public health, necessity, and convenience and the general welfare of the City of Corpus
Christi and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by changing the zoning on Lot 1, Block 1, Airline Subdivision Unit 3, located
on the east side of Airline Road near its intersection with Cimarron Blvd., from "F-R"
Farm-Rural Distdct to "B-1" Neighborhood Business District on Area 2 and to "R-2"
Multiple Dwelling District on Area 1. A metes and bounds description of each Area is
attached as Exhibit A.
SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this
ordinance.
SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1937, as amended from time to time,
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect.
SECTION 4. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
~LEGALV_AW~LEG-DIR~Doyle DCurIis~IYDOCS~2002~P&ZORD02~.oning.ord~OYLEC~2002~070201 B.Mostaghast. Ord. PC.doc
Page2of3 '-
SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 6. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 7. That upon written request of the Mayor or five Council members, copy
attached, the City Council (f) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule as to consideration and voting upon ordinances at
two regular meetings so that this ordinance is passed upon first reading as an
emergency measure on this 24TM day of September, 2002.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
APPROVED AS TO LEGAL FORM 15 August, 2002
James R. Bray, Jr.
'Oo Cyf rtiS- - - '
Senior ~sis~nt C~ Afforney
~LEGAL~a,W~LEG.DiR~)oyle DC urtis~MYDOCS~.~.~.~.~.~.~.~.~.~02~P&ZORD02~Zonlng.om'~DOYI. EC~002~Z070201 B.Mo~taghasi. Ord .~.doc
BASS 8~ ILV'n'I.,BH I='NGINGE:RING
P.O. BOX ~$07
PROPOSED AB ZONING
STATE OF TEXAS
COUNTY OF NUECE$
June 5, 2002
02044.MB2
De~ of a 1.642 acre tra~ of land, more or letup, a portion of LOt 1:' Bi°d< 1, Airline
Subdivision Unit 3, a map of v4tl~h is recorded in Vdume 46, Page 159, Map Records, Nuaces
County, Texas, said 1.642 acre tract of land as further das(~ibed by metes end bounds as follows:
Starting at a point In the east right-of-way line of AMine Road for the northernmost comor of ~
Lot 1; thence 860'54'30'E 535.05' along the northeast boundmy line of said Lot 1 to the POINT
OF BEGINNING and northemmcet ~ of the tra~ he.in described;
Thence S60'54'30'E along said ntxtheast boundary line of Lot 1 a distance of 515.60' to a point
for the easternmost comer of said LOf I and sastemmcet corner of the tract heroin described;
Thence S29'00'~ 139.02' to 8 point for the southernmost corner of said Lot I and
southernmost comer of the tract' heroin described;
Theme N60'49'45'W 515.83' along a southwest boundary line of said Lot I to a point for the
wastemmost comer of the fl'act herein deacnt:~d;
Thence .N29'05'30'E 138.31' to the POINT OF BEGINNING, a sketch showing said 1.642 acre
tract of land being attached hereto as Exhibit 'B".
Exhibit A
(Page 1 of 2)
6TATE OF TEXAS }
COUNTY OF NUECE$ }
BASS & WI~'I. SH I='NGINE:Ii'RING
P.O. Box
PROPO~.O B-t ZONING
June, 5, 2002
02044.MB
Oesc~41on of a 1.627 ac~e tr~ of land. mom ~x le~s. a ~ of Lo~ 1. Blcok 1."Airline
Subdivision Unit 3. a map c~ which is recon~ In Volume 46. Page 159; Map Red,ds. Nueces
County. Texas. ,alcI 1.627 acre tract of land a8 further de,bed by me~s and bounds as follows:
BEQJNN~G at a point in ~e east dgM~f-way line of Airline Road for the northernmost oorne~ of
said Lot I ~nd nodhemmost comor of the tra~t he~ein desc~bed;
TIt~te 660'54'30'E 535.05' along the northeast boundar/line of said Lo~ '1 to a point for the
easternmost corner of the tn~t herein desodbed;
'rhe~ S29'05'30'W 138.31' to a point in a so~hwest boundary line of said Lot I for the
Thence along said southwest boundary line of Lot I N60'49'45'VV 75.36' to a Ix)lnt for interior
sou~ c~m, er of the tract herein described and interior south central ~orner of said Lo~ 1;
Thence along a south central boundmy line of said Lot I S29'05'30'W 7.12' to a point for central
southerly corner of sold Lot I and southeasterly corner of the tract hemth desoribed;
Thence along a southwe~ boundmy line of said Lot I N60'06'50'VV389.63' to a point in said
east dgM-of-way line of Airline Road for the most southerly west comer of the tract herein
described and of said Lo~ 1;
Thence N02'29'00'E 156.49' along said east ~tght..of-way line of Airline Road to the POINT OF
BEGINNING. a sketch showing said 1.627 acre ~ of land being atta~:~hed hereto as Exhibit 'B'.
NIX[ON M. WELSH, R,P.L.$.
Exhibit A
(Page 2 of 2)
ZO
SKETCH ?D ACCI:]H~ANY
METES & DDUNDS
DESCRIPTIDN
.. EXHII~IT
Z!
APPLICANT'S REQUEST
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY
MOSTAGHASI INVESTMENT TRUST, BY CHANGING THE ZONING
MAP IN REFERENCE TO LOT t, BLOCK t, AIRLINE SUBDIVISION
UNIT 3, FROM "F-R" FARM*RURAL DISTRICT TO "B-I"
NEIGHBORHOOD BUSINESS DISTRICT ON AREA 2 AND TO "AB"
PROFESSIONAL OFFICE 'DISTRICT ON AREA 1; AMENDING THE
COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS
FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR
PUBLICATION; AND DECLARING AN EMERGENCY.
WHEREAS, the Planning Commission has fonvarded to the City Council its reports and
recommendations concerning the application of Mostaghasi Investment Trust for
amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
July 31, 2002, during a meeting of the Planning Commission, and on Tuesday,
September 24, 2002, during a meeting of the City Council, in the Council Chambers, at
City Hall, in the City of Corpus Christi, during which all interested persons were allowed
to appear and be hear~ and
WHEREAS, the City Council has determined that this amendment would best serve
public health, necessity, and convenience and the general welfare of the City of Corpus
Christi and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by changing the zoning on Lot 1, Block 1, Airline Subdivision Unit 3, located
on the east side of Airline Road near its intersection with Cimarron Blvd., from "F~R"
Farm-Rural District to "B-1" Neighborhood Business District on Area 2 and to "AB"
Professional Office District on Area 1. A metes and bounds description of each Area is
attached as Exhibit A.
SECTION 2. That the official Zoning Map of the City of Corpus Chdsti, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section I of this
ordinance.
SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1937, as amended from time to time,
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect.
SECTION 4. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
t~EGAL~LAw~LEG-D~R~D~yfeDCu~bW~YD~CS~2~2~P&Z~RD~2~z~ning~N)~YLEc~2~-~7~2~1A~M~hB~ ~.d~
Page 2 of 3
SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 6. That publication shall be mede in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 7. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declare~ an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule as to consideration and voting upon ordinances at
two regular meetings so that this ordinance is passed upon flint reading as an
emergency measure on this 24TM day of September, 2002.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
APPROVED AS TO LEGAL FORM 15 August, 2002
James R. Bray, Jr.
'Doyle D/jCurtis
Senior Kssistant
City Attorney
~LEGAL~LAw~LEG-D~R~D~y~e~cur~is~YDO~°&ZORD~2~Z~ng.~rc~YLEc~7~2~1A.M~taghasi~Ord./k~p.d~
BASS 8¢ VV*iZLSH I=NGINE:£RING
P,O. BOX ~387
CORPtJI CHRIII'I, TIXAI 78433-638?
PROPOSED AB ZONING ~
~- .z ,~
June 5, 2002
02044.MB2
STATE OF TEXAS }
COUNTY OF NUECES }
Description of a 1.642 acre tract of land, more or le~s, a portion of Lot 1, Block 1, Airline
Subdivision Unit 3, a map of which Is re~xded in Volume 46, Page 159, Map Records, Nuecas
County, Texas, said 1.642 ~e tm~t of land as furlher described by metes end bounds as follows:
Starting at a point in the east right-of-way line of Airline Road for the northernmost comer of said
Lot 1; thence S60'54,30'E 535.05' along the northeast boundary line of said Lot 1 to the POINT
OF BEGINNING and nerthemmost comer of the tract herein described;
Thence S60'54'30"E along said northeast boundary line of Lot 1 a distance of 515.60' to a point
for the easternmost comer of said Lot 1 and easternmost comer of the tract herein described;
Thence S29'00'00'W 139.02' to a point for the southernmost comer of said Lot 1 and
southernmost comer of the tra~t herein described;
Thence N60'49'45'W 515.83' along a southwest boundary line of said Lot I to a point for the
wastemmost comer of the tract herein described;
Thence N29'05'30'E 138.31' to the POINT OF BEGINNING, a sketch showing said 1.642 acre
tract of land being attached hereto as Exhibit 'B".
NMW:ngo
Exhibit A
(Page 1 of 2)
STATE OF TEXAS
COUNTY OFNUECES
BASS & WELSH I=NGINE:I;RING
PROPOSED B-t ZONING
30S4 a.A~AM&DA
FAX361
~-~xiL:aixmwOaoLcom
June 5, 2002
02044.MB
Description of a 1.627 acre trent of land, more or less, a portio~ of Lot 1, Bilk 1,"Airline
Subdivision Unit 3, a ma~ of which Is recorded in Volume 46, Page 159~ Map Records, Nueoes
County, Texas, said 1.627 a~e tract of land as further described by metes and bounds as follows:
BEGINNING at a point in the east right-of.,#ay line of Aidine Road for the northemmost comer of
said Lot t and northernmost comer of the tract herein dasorlbed;
Thence S60'54'30"E 535.05' along the northeast boundary line of said Lot I to a point for the
easternmost comer of the traot herein desoHbed;
Thenc~ S29°05'30'W 138.31' to a point in a southwest boundary line of said Lot 1 for the
Thence along said southwest boundary line of Lot I N60'49'45~/V 75.36' to a point for interior
southeasterly comer of the traot herein described and Inteflor south central comer of said LOt 1;
Thence along a south central boundary line of said LOt I S29°05'30"W 7.12' to a point for central
southerly comer of said Lot I and southeasterly comer of the tract herein dasoribed;
Thence along a southwesterly boundary line of said Lot I N60'06'50~N 389.63' to a pOint in said
east right-of-way line of Airline Road for the most southerly west comer of the tract heroin
described and of said Lot 1;
Thence N02'29'00"E 156.49' along said east right-of-way line of Aidlne Road to the POINT OF
BEGINNING, a sketch showing said 1.627 acre .b~ of land being attached hereto as Exhibit 'B".
NMW:ngo
NIX~N M. WEL8H, R.P.L.S.
Exhibit A
(Page 2 of 2)
SKETCH TO ACCOMPaNy
METES &
~£~CRIPTIDN
,, EXHIBIT
17
AGENDA MEMORANDUM
PUBLIC HEARING - ZONING (City Council Action Date: September 24, 2002)
Case No. 0702-02~ David L. Grant dba ILLUSIONS: A change of zoning from an "R-lB" One-
family Dwelling District to an "AB" Professional Office District on Alameda Park Subdivision, Block 4, Lot 1,
located on the southeast side of Gertie Street and Robert Drive intersection.
Planning Commission and Staff's Recommendation (07/31/02): Denial.
Requested Council Action: Denial of the "AB" Professional Office District.
Purpose of Request: To legalize conversion of residential structure to hair salon.
Summary: The applicant requested a change of zoning to an "AB" Professional Office District, in order to legalize
a newly established hair salon in the former residential structure. The City of Corpus Christi notified the applicant
of the zanmg violation on July 18, 2002. The structure contains 1,000 square feet and is being utilized for the hair
salon. The structure is located on a 7,797 square foot comer lot with a 250 square foot detached garage located
towards the rear of the property with driveway access to Robert Drive. There are two (2) local streets, GertAe Street
and Robert Drive, that serve the subject property and adjacent residential area. The nearest arterial is Alameda
Street, which is five hundred (500) feet north of the subject property. The subject property is adjacent to single-
family residences on the south, east, and west across Robert Drive. Across Gertie Street, north of the subject
propen':y, are three (3) lots consisting of a 0.43 acre that were granted a Special Permit for storing plumbing supplies
within the residential garage in a "R-lB" District, March 1975. Further northwest along Robert Drive, a Special
Permit was granted in 1984 for a parking lot serving the office/business development fronting Avalon Street. Lots
fronting Avalon Street have transition from residential to office/business development and have served as a buffer
for the residential neighborhood to the south. Property across Gertie Street from the subject property has
predommantly remained residential.
Allowing the hak salon use, whether it is by outright rezoning to an "AB" District or a "SP" would adversely impact
the residential area due to its interior location. Residents have raised concerns about the on-street parking by hair
and salon patrons and traffic safety. The Southeast Area Development Plan's adopted land use map recommends the
area to remain and develop with one-family dwelling units.
The applicant indicated to Staff that a Special Permit for the operation of a hair salon for a period of one (1) year
would be acceptable. Staff has drafted an SP ordinance as requested by the applicant should City Council want to
consider this option. At the Planning Commission pubhc hearing, the Commissioners were advised that the
applicant would be agreeable to a Special Permit but the CorunUssion did not consider the SP option.
The applicant concurs with the SP conditions, including hours of operation, number of employees, and parking.
Applicant's Position: The applicant does not concur with Planning Commission and Staff's recommendation.
Planning Commission unanimously voted to deny the requested zoning.
Notification: Prior to the date of this memorandum, thirty-five (35) notices were mailed to the property owners
within a 200-foot radius, of which none were returned in favor and nine (9) were returned in opposition. A petition
was submitted in opposition with 86 signatures. This is a controversial ease and the 20% rule is in effect
requiring 3/4s (7 members) of the Council voting in favor to approve.
Director of Planning
MG~G~er
Agenda Memorandum
Case No. 0702-02 (David L. Grant dba ILLUSIONS)
Page 2
Attachments:
1) Zoning Report
2) Comments Received
3) Planning comnUssion Minutes
4) Ordinance
Pages
Pages
Pages
Pages
3-10
11-20
21-22
23-27
HSPLN-DIR~ERMA\WORD~AGENDMEM\0702-02AGENDAMEMO,DOC
CITY COUNCIL
ZONING REPORT
Case No.:
Planning Commission
Hearing Date:
Map NO.:
AppHcant:
Leffal Descrintion/Locntion:
Area of Request:
Lot(s) Area:
Current Zoning:
Request:
Current Use of Property:
Purpose of Request:
0702-02
July 31, 2002
I16C
David L. Grant dba Illusions
Alameda Park, Block 4, Lot 1, located on the southeast side of Gertie Street and Robert Drive
intersection.
0.179 acre
Same as above.
"R- 1B" One- family Dwelling District
"AB" Professional Office District
Single-family residence.
Legalize conversion of residential structure to
hair salon.
Zoning Change Requested Due
to Notice of Violation:
Cited on July 11, 2002 -(mail returned to the city) and again on July 18, 2002 to current property
owner for operation of a hair salon in a "R-lB" District.
Adjacent Zoning:
North - "R-1B/SP" - One-family Dwelling District with a Special Permit
South, East, West- "R-lB" One-family Dwelling District
Zoning Report
Case No. 0702-02 (David L. Grant dba Illusions)
Page 2
Adjacent Land Use:
North (across Gertie Street) - Parking lot and single-family residences.
South, East, West (across Robert Drive) - Single-family residences.
Number of Residential Units Allowed:
"R-lB" - 1 unit (7.26 dwelling units per acre)
"AB" - 6 units (36.30 dwelling units per acre)
Estimated Traffic Generation:
Specialty retail center - 40.67 average weekday vehicle trip ends per 1,000 square feet of gross floor
area x 1,000 square feet of groas floor area = 41 average weekday vehicle trip ends.
Adiacent Streets/Classification:
a) Gertie Street - local
b) Robert Drive - local
Right-of-Way Design
Current:
a, b) 50-foot right-of-way with a 28-foot back-to-back paved section.
Planned:
A, b) Same as current.
1996 Traffic Count {24-hour~ weekda¥~ non-directional):
a) Not available.
Zoning Histo~ of Pr0per[y,:
There has been no rezoning activity within the past five (5) years.
Recent Surrounding Zoning Cases:
In November 1999, Lots 24, 25, and 26, located on the east side of Everhart Road, north of Harry
Street and southwest of the subject property, were denied a change of zoning to a "B-I" District, and
in lieu thereof, were granted an "AB" District with a Special Permit for a consignment store.
Case No. 0702-02 (David L. Grant dba Illusions)
Page 3
In September 1998, Lot 1, located on the northwest comer of Harry Street and Everhart Road and
southwest of the subject property, the Planning Commission denied an "R-2" District for a second
dwelling unit. The applicant withdrew the request in November 1998 prior to Council action.
In August 1995, Lot 28, located on the east side of Everhart Road and adjacent to the south of the
subject property was granted a change of zoning to a "B-I" District for a retail store.
In January 1995, Lot 35, located on the east side of Everhart Road and north of the subject property,
was denied a "B-I" District and granted a Special Permit for furniture sales.
In July 1994, Lots 33 and 34, located on the east side of Everhart Road and north of the subject
property, was denied a "B-I" District and granted a Special Permit for a clock shop.
In October 1993, Lots 3 and 4, located on the southwest side of Avalon and Sam Streets and
northeast of the subject property, were granted change of zoning to a "B-I" District for a gif~ shop.
In August 1993, Lot 2, located on the south side of Avalon Street, east of Sam Street and northwest
of the subject property, was granted a change of zoning to a "B-I" District.
Zoning Inventory:
The subject property is part of a larger area zoned a "R-lB" District predominantly developed with
single-family residences. Across Gertie Street, north of the subject property are three (3) lots,
totaling 0.43-acre that are zoned "R-lB" District with a Special Permit for a parking lot to service
the business development to the north. North of Avalon Street is an area zoned a "B-I" District
containing 8.30 acres developed mostly with retail establishments. Along the south area of Avalon
Street, there area several tracts totaling 1.29 acres that are developed with a realtors' office, a hair
salon and an engineering office.
Planning Staff Analysis:
General Characteristics and Background: The applicant has requested a change of zoning to
an "AB" Professional Office District, in order to legalize a newly established hair salon in
the former residential structure. The Code Enforcement office of the City of Colpus Christi
officially notified the applicant of the zoning violation on July 18, 2002. The former
residential structure consists of 1,000 square feet and is being utilized for the hair salon. The
structure is located on a 7,797 square foot comer lot with a 250 square foot detached garage
is located towards the rear of the property. There are two (2) local streets, Gertie Street and
Robert Drive, that serve the subject property and adjacent residential area. The nearest
arterial is Alameda Street, which is five hundred (500) feet north of the subject property. The
subject property is adjacent to single-family residences on the south, east, and west across
Robert Drive. Across Gertie Street, north of the subject property, are three 0) lots consisting
of a 0.43 acre that were granted a Special Permit for storing plumbing supplies within the
residential garage in a "R-lB" District, March 1975. Further northwest along Robert Drive,
Zoning Report
Case No. 0702-02 (David L. Grant dba Illusions)
Page 4
a Special Permit was granted in 1984 for a parking lot serving the office/business
development fronting Avalon SWeet. Lots fronting Avalon Street have transition from
residential to office/business development and have served as a buffer for the residential
neighborhood to the south. Property across Gertie Street from the subject property has
predominantly remained residential.
Allowing the hair salon use, whether it be by outright rezoning to an "AB" District or a "SP",
would adversely impact the residential area due to its interior location. Residents have raised
concerns about the on-street parking by hair salon patrons and traffic safety. The Southeast
Area Development Plan's adopted land use map recommends the area to remain and develop
with one-family dwelling units.
The apphcant indicated to Staffthat a Special Permit for the operation of a hair salon for a
period of one (1) year would be acceptable. Staffhas drafted an SP ordinance as requested
by the applicant should City Council want to consider this option. At the Planning
Commission public hearing, the Commissioners were advised that the applicant would be
agreeable to a Special Permit (SP) but the Commission did not consider the SP option.
The applicant concurs with the SP conditions, including hours of operation, number of
employees, and parking.
Conformity to the Comprehensive Plan and Land Use Compatibility: Overall, the
Comprehensive Plan Elements cannot be supportive of the requested "AB" District due to
its direct access to two (2) local streets serving a residential area. The Southeast Area
Development Plan's adopted future land use map recommends the area to develop with one-
family dwelling units. The requested "AB" District is not consistent with the Plan's
recommended land use.
Potential Housing Density: Residential development in the "R-lB" District is limited to 7.26
dwelling units per acre or one unit on the subject property. An "AB" District permits a
density of 36.30 dwelling units or six (6) units on the subject property. The increase in
residential density would impact the single-family area.
Height/Bulk/Setbacks/Etc.: The "R-lB" District requires a front yard setback of 25 feet and
side and rear yard setbacks of five (5) feet each. An "AB" District requires a front yard
setback of twenty (20) feet and a ten (10) foot side and/or rear yard setback. The "R-lB"
District limits building heights to 35 feet, not to exceed three (3) stories. Building height in
the "AB" District is limited to 45 feet, not to exceed three (3) stories.
Signage: The "R-lB" District permits one wall sign not to exceed one square foot. An "AB"
District permits wall signage at four (4) square feet per tenant not to exceed twenty (20)
square feet and a freestanding sign with a sign area of 20 square feet with a height of six (6)
feet.
Zoning Report
Case No. 0702-02 (David L. Grant dba Illusions)
Page 5
Traffic: The proposed retail/specialty development is estimated to generate approximately
41 daily trip ends on Gertie Street and Robert Drive. Traffic generated from this
development would traverse the residential area and adversely impact the neighborhood.
Parking/Screening: Personal service establishments are required to provide one parking space
for each 200 square feet of gross floor area or seven (7) parking spaces for the existing
structure. Proof of compliance with the parking regulations will be required before a
certificate of occupancy will be issued. A standard screening fence with a height of six (6)
feet must be provided when a business or industrial use locates adjacent to a residential
district. A screening fence will be required along all lot property lines where residential
adjacency exists.
Costs to City: All infrastructure required to service the needs of the subject property are in
place.
· Platting: The subject property contains a platted lot and further replatting is not required.
Pros: (Ideas in support of the request.)
a) None
Cons: (Ideas in support of maintaining the current zoning.)
a)
The requested "AB" District is not consistent with the Southeast Area Development Plan's
recommended land use.
b)
The subject property is bordered by single-family residences on the south, east and west
sides.
c) Traffic from the proposed use would traverse the residential neighborhood.
Staff Recommendation:
Denial.
Attachments:
Zoning and Ownership Map
Ownership List
H 5PLN-DIR~ERMA\WORD~EONRPTS\0702-02CCREPORT.DOC
B-4
Jul 2~, 2002- RP
CASE Z0702-02
- Property Owner in Favor
X Property Owner Opposed
See Comments on Page(s) _ //- ~..0
Subject property
~ Ovmers within 200 feet listed on attached own~r..ahlp list
OWNERSHIP LIST
Case No. 0702-02
Applicant:
David L. Grant dba ILLUSIONS
4301 Gertie 78412
1
Z0702-02 009500010010
MENDLESKI MILTINE A,TRSTE
J R MENDLESKI,SR FAM TRUS
6045 ENNIS JOSLIN
CORPUS CHRISTI TX 78412
ALAMEDA PARK LTS 1 & 2 BLK 1
2
Z0702-02 009500010190
ROUNTREE DALIA
4318 GERTIE
CORPUS CHRISTI TX 78412
ALAMEDA PARK LT 19 BLK 1
3
Z0702-02 009500010200
HENRY CHRISTOPHER LEE AND
DENISE M HENRY WFE
4314 GERTIE
CORPUS CHRISTI TX 78412
ALAMEDA PARK LT 20 BLK 1
4
Z0702-02 009500010210
STASKY JOE E ET UX
SHAKON
4310 GERTIE ST
CORPUS CHRISTI TX 78412
ALAMEDA PARK LT 21 BLK 1
5
Z0702-02 009500010220
YOUNG DONALD R
% DONALD R BEAR.DEN JR
4302 GERTIE
CORPUS CI-IRISTI TX 78412
ALAMEDA PARK LTS 22 & 23 BLK 1
6
Z0702-02 009500040020
MONTES ANTONIO JR & WF
ROSA P
4305 GERTIE
CORPUS CHRISTI TX 78412
ALAMEDA PARK LT 2 BK 4
7
Z0702-02 009500040030
MORTERA GEORGINA
4309 GERTIE
CORPUS CHRISTI TX 78412
ALAMEDA PARK LT 3 BK 4
8
Z0702-02 009500040040
CANTU/vflCHAEL A AND
GLORIA LOPEZ
4313 GERTIE
CORPUS CHRISTI TX 78412
ALAMEDA PARK LT 4 BK 4
9
Z0702-02 009500040050
GOETZ MARSHALL T
610 JOHN LEE
CORPUS CHRISTI TX 78412
ALAMEDA PARK LT 5 BK 4
10
Z0702-02 009500040060
CARRANZA JOSEFA C
614 JOHN LEE
CORPUS CHRISTI TX 78418
ALAMEDA PARK LT 6 BLK 4
11
Z0702-02 009500040070
CHAMPINE JOSEPH T
618 JOHN LEE
CORPUS CHRISTI TX 78412
ALAMEDA PARK LT 7 BLK 4
12
Z0702-02 009500040080
DE LA GARZA LUCINDA AND
RUDY DE LA GARZA
622 JOHN LEE
CORPUS CHRISTI TX 78412
ALAMEDA PARK LT 8 BLK 4
13
Z0702-02 009500040230
NARANJO SALOME G III AND
SALOME G NARANJO
646 ROBERT DR
CORPUS CHRISTI TX 78412
ALAMEDA PARK LT 23 BLK 4
14
Z0702-02 009500040240
LEAL BELIA
637 ROBERT DRIVE
CORPUS CHRISTI TX 78412
ALAMEDA PARK LT 24 BLK 4
14
Z0702-02 009500040250
LEAL BELIA
% NANCY M LEAL
637 ROBERT DR
CORPUS CHRISTI TX 78412
ALAMEDA PARK LT 25 BLK 4
15
Z0702-02 009500040260
~GS GREGORY ALLEN
629 ROBERT DR
CORPUS CHRISTI TX 78412
ALAMEDA PARK LT 26 BLK 4
16
Z0702-02 009500050030
WAGNER BEN
4229 AVALON
CORPUS CHRISTI TX 78412
ALAMEDA PARK LT 3 BLK 5
1
Z0702-02 009500050040
MENDLESKI MILTINE A,TRSTE
J R MENDLESKI,SR FAM TRUS
6045 ENNIS JOSLIN
CORPUS CHRISTI TX 78412
ALAMEDA PARK LT 4 (LESS 1') BLK
5
Ownership List - 0702-02
David L. Grant dba ILLUSIONS
Page 2
1
Z0702-02 009500050050
MENDLESKI MILTINE A,TRSTE
$ R MENDLESKI,SR FAM TRUS
6045 ENNIS JOSLIN
CORPUS CHRISTI TX 78412
ALAMEDA PARK LT 5 & SEI' LT 4
BLK 5
19
Z0702-02 009500050080
LUDWIG LEO LAWRENCE JR ET
EILENE ANN
1011 BAYLOR DR
CARTHAGE TX 75633
ALAMEDA PARK LT 8 BLK 5
22
Z0702-02 009500050110
WRIGHT CHARLIE LEE
630 ROBERT
CORPUS CHRISTI TX 78412
ALAMEDA PARK LT 11 BLK 5
25
7.0702-02 009500050140
CORONADO LUIS IGNACIO
P O BOX 6572
CORPUS CHRISTI TX 78466
ALAMEDA PARK LT 14 BLK 5
28
Z0702-02 009500050320
LOPEZ NICANOR G ET UX
629 SAM
CORPUS CHRISTI TX 78412
ALAMEDA PARK LT 32 BK 5
31
Z0702-02 009500050350
ZIMMERMAN KENNETH F ET UX
617 SAM
CORPUS CHRISTI TX 78412
ALAMEDA PARK LT 35 BK 5
SP
7.0702--02 009500040010
AMLrNDSON GERALD A AND NAN
J AMUNDSON
P O BOX 72712
CORPUS CHRISTI TX 78472
ALAMEDA PARK LT 1 BK 4
17
Z0702-02 009500050060
MCHANEY ROBERT H ET UX
1121 DELTA DR
CORPUS CHRISTI TX 78412
ALAMEDA PARK LT 6 BLK 5
20
Z0702-02 009500050090
MCDONALD WILLIAM D ET UX
SANDRA L
226 STOREYWOOD
SANANTONIO TX 78213
ALAMEDA PARK LT 9 BLK 5
23
Z0702-02 009500050120
SAIN LUTHER E JR
38 HOLLY CHASE
CLUTE TX 77531
ALAMEDA PARK LT 12 BLK 5
26
Z0702-02 009500050300
BROWN GENE ET UX BARBARA
2201 BROADWAY
SANANTONIO TX 78215
ALAMEDA PARK LT 30 BK 5
29
Z0702-02 009500050330
DIMAS RENE R
4410 SUNLIGHT
CORPUS CHRISTI TX 78413
ALAMEDA PARK LT 33 BK 5
32
Z0702-02 009500050360
CORTEZ MELISSA D
613 SAM STREET
CORPUS CHRISTI TX 78412
ALAMEDA PARK LT 36 BK 5
18
Z0702-02 009500050070
DURAN ROBERTO
614 ROBERT DR
CORPUS CHRISTI TX 78412
ALAMEDA PARK LT 7 BLK 5
21
Z0702-02 009500050100
GUERRERO LADISLADO AND MA
GUERRERO
935 CORRIGAN ROAD
SKIDMORE TX 78389
ALAMEDA PARK LT 10 BLK 5
24
Z0702-02 009500050130
SAIN L ESR
P O BOX 2012
FULTON TX 78358
ALAMEDA PARK LT 13 BLK 5
27
Z0702-02 009500050310
DULANEY MARK
322 WILLIAMSON
CORPUS CHRISTI TX 78411
ALAMEDA PARK LT 31 BK 5
30
Z0702-02 009500050340
MORROW DAN L JR
4926 HIGH MEADOWS
CORPUS CHRISTI TX 78413
ALAMEDA PARK LT 34 BK 5
33
Z0702-02 009500050370
STEVENSON THEORA
609 SAM STREET
CORPUS CItRISTI TX 78412
ALAMEDA PARK LT 37 BK 5
· - FAVOR
X - OPPOSED
COMMENTS RECEIVED
FROM NOTICES MAILED
Case No. 0702-02
David L. Grant dba ILLUSIONS
(Note: The listed numbers correspond to the attached map.)
Notices returned from within the 200-foot notification area:
Favor:
Opposition:
3)
None.
Christopher Henry, 4314 Gertie Dr.
Signed petition.
4) Joe Satsky, 4310 Gertie
"It is a one-family dwelling only. Traffic congestion; terrible. Twenty cars a day
turn in my drive."
5) Sharon Bearden, 4302 Ge~tie Dr.
Signed petition.
6) Antonio Montes, Jr., 4305 Gertie Dr.
Signed petition.
7) Luis Mortera, 4309 Gertie Dr.
Signed petition.
14) Belia and Nancy M. Leal, 637 Robert Dr.
"Want neighborhood to stay a residential area. I don't want cars from business
parking in front of my home."
15) Greg Cummings, 629 Robert Dr.
No written comment.
18) Roberto Duran, 614 Robert Dr.
"We d_rio have a lot of vacancies available on business zones that they do not need
to bring into residential area."
Comments Received
Case No. 0702-02 (David L. Grant dba ILLUSIONS)
Page 2
II.
30) Dan L. Morrow, 4926 High Meadow
"This location is inside a residential area and should not become a business
location."
Responses received from outside the 200-foot notification area:
Favor: None.
Opposition: None.
Responses received from owners/applicants of subject area:
Favor: None.
Opposition: None.
Petitions
One (1) petition was submitted in opposition with 86 signatures.
H:~P LN-DIR~,ERMA~WOP~'~COMMDATA~0702 -02COMMENTS, DOC
RECF.. VED
o
CiTY OF CORPUS CHRISTI (~ b
PLANNING AND DEVELOPMENT
We the undersigned partie~ are in opposition of the proposed use, ~n~zoning, of
the property Io~t~ as described herein below:
4301 Gertie Street located in the Alameda Park Subdivision, Lot 1, Block 4,
Nueces County, Texas.
NAME
SIGNATURE
ADDRESS
PETITION
We the undersigned parties are in opposition of the proposed use, and rezoning, of
the property located as described herein below:
4301 Gertie Street located in the Alameda Park Subdivision, Lot 1, Block 4,
Nueces County, Texas.
NAME
PETITION
We the undersigned parties are in opposition of the proposed use, and rezoning, of
the property located as described herein below:
4301 Gertie Street located in the Alameda Park Subdivision, Lot 1, Block 4,
Nueces County, Texas.
NAME SIGNATURE ADDRESS
fi.cee
Iq ~c
PETITION
We the undersigned parties are in opposition of the proposed use, and rezoning, of
the property located as described herein below:
4301 Gertie Street located in the Alameda Park Subdivision, Lot 1, Block 4,
Nueces County, Texas.
NAME
IGNATU~Ex c~ ,- ADDRESS ,
PETITION
We the undersigned parties are in opposition of the proposed use, and rezoning, of
the property located as described herein below:
4301 Gertie Street located in the Alameda Park Subdivision, Lot 1, Block 4,
Nueces County, Texas.
NAME SIGNATURE ADDRESS
/?
PETITION
We the undersigned parties are in opposition of the proposed use, and rezoning, of
the property located as described herein below:
4301 Gertie Street located in the Alameda Park Subdivision, Lot 1~ Block 4,
Nueces County, Texas.
NAME SIGNATURE ADDRESS
PETITION
We the undersigned parties are in opposition of the proposed use, and rezoning, of
the property located as described herein below:
4301 Gertie Street located in the Alameda Park Subdivision, Lot 1, Block 4,
Nueces County, Texas.
NAME SIGNATURE ADDRESS
PETITION
We the undersigned parties are in opposition of the proposed use, and rezoning, of
the property located as described herein below:
4301 Gertie Street located in the Alameda Park Subdivision, Lot 1, Block 4,
Nueces County, Texas.
NAME SlG ~ATURE ADDRESS
Planning Commission Minutes
July 31, 2002
New Zoning Cases
David L. Grant dba ILLUSIONS: 0702-02
REQUEST:
"R-lB" One-family Dwelling District to "AB" Professional Office District on property
described as Lexington Subdivision, Block 3, Lot 51, and located on the southeast side of
Gertie Street and Robert Drive intersection.
Mr. Saldaaa presented a computerized slide illustration of the subject property and the
surrounding area. The subject propem] is part of a larger area zoned a "R-lB" District predominantly
developed with single-family residences. Across Gertie Street, north of the subject propeay are three (3)
lots, totaling 0.43-acre that are zoned "R-lB' District with a Special Permit for a parking lot to service the
business development to the north. North of Avalon Street is an area zoned a "B-I' District containing
8.30 acres developed mostly with retail establishments. Along the south area of Avalon Street, there area
several tracts totaling 1.29 acres that are developed with a realtors' office, a hair salon and an eng'meering
office.
The applicant has requested a change of zoning to an "AB" Professional Office District, in order
to legalize a newly established hair salon in the former residential structure. Code Enforcement of thc City
of Corpus Christi officially notified the applicant of the zoning violation on July 18, 2002. The former
residential structure consists of 1,000 square feet and is being utilized for the hair salon. The stmctore is
located on a 7,797 square foot comer lot and a 250 square foot detached garage is located at thc property
rear. Two (2) local streets, Gcrtie Street and Robert Drive that serve the adjacent residenlial area provide
access to thc subject property. The nearest arterial is Alameda Street, which is five hundred (500) feet
north of the subject property. Thc subject property is adjacent to single-family residences on the south,
east, and west across Robert Drive. Across Gertie Street, north of the subject proper~y, are thiec (3) lots
consisting of a 0.43 acre that were granted a Special Permit for storing plumbing supplies within thc
residential garage in a "R-lB" District, March 1975. Further northwest along Robert Drive, a Special
Permit was granted in 1984 for a parking lot serving thc office/business development fronting Avalon
Street. Lots fronting Avalon Street have transition from residential to office/business development and
have served as a buffer for the residential neighborhood to thc south. Property across Gcrtie Street from the
subject property has predominantly remained residential.
The applicant has indicated to Staff that a Special Permit for thc operation of a hair salon is
acceptable. Granting a change of zoning or Special Permit on thc subject property would impact thc
residential area with business traffic traversing the area. The Southeast Area Development Plan's adopted
land use map recommends the area to remain and develop with one-family dwelling units.
The Comprehensive Plan Elements cannot be supportive of the requested "AB" District due to its
direct access to two (2) local streets serving a residential area. The Southeast Area Development Plan's
adopted future land use map recommends the area to develop with one-family dwelling units. The
requested "AB" District is not consistent with the Plan's recommended land use.
There were 35 notices mailed to property owners within a 200-foot radius of which none were
returned in favor, nine (9) were received in opposition, and a petition with 86 signatures was received. Mr.
Saldafia informed the Commission that 44% of the notification area was opposed to the rezoning request.
Public hearing was opened.
David Grant, 4618 Jarvis, said that the properly is located near Alameda Street. Mr. Grant
distributed letters of reference along with photographs of the business. He added that Robert Drive has
speed bumps and that his customers vehicles being parked on the street slow down traffic. Mr. Grant said
that he believed his business would upgrade the neighborhood. In response to the Commission, Mr. Grant
said that he had been operating his business in that location for one ( 1 ) month.
Planning Commission Minutes
]'uly 31, 2002
Case No. 0702-02 (David L. Grant dba ILLUSIONS)
Page 2
Candi Jinnet~e, 622 Collingswood, represented the neighborhood and expressed their concerns as
being the use and the increase in ~raffic. Ms. linnet~e also presented a computerized slide illus~ratioo
depicting the neighborho .od. She said that the speed bumps were installed in April 2002 to try alleviate the
traffic that cuts through the neighborhood from Alameda S~eet. Ms. Jinnette said that according to the
Traffic Engineering Department there are 1,700 trips per day on Robert Drive. She added that the hair
salon could not provide adequate parking for their customers without parking on the street.
Public hearing was closed.
Commissioner Sween-McGloin asked about the Special Permit use across the street f~om the
subject property. Mr. Saldafia answered that the Special Permit was granted for an additional unit in the
Motion by Amsler, seconded by Sween-McGloin, to forward a recommendation of denial. Motion
passed with Mitre, Pusley, Smith, and Zamora being absent.
APPLICANT'S REQUEST
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY
DAVID L. GRANT dba ILLUSIONS, BY CHANGING THE ZONING MAP
IN REFERENCE TO LOT 1, BLOCK 4, ALAMEDA PARK SUBDIVISION,
FROM "R-lB" ONE-FAMILY DWELLING DISTRICT TO "AB"
PROFESSIONAL OFFICE DISTRICT; AMENDING THE
COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS
FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR
PUBLICATION; AND DECLARING AN EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the application of David L. Grant dba Illusions for
amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map;
WHEREAS, with proper notice to the public, public headngs were held on Wednesday,
July 31, 2002, during a meeting of the Planning Commission, and on Tuesday,
September 24, 2002, during a meeting of the City Council, in the Council Chambers, at
City Hall, in the City of Corpus Chdsti, dudng which all interested persons were allowed
to appear and be heard; and
WHEREAS, the City Council has dete~rnined that this amendment would best serve
public health, necessity, and convenience and the general welfare of the City of Corpus
Christi and its citizens..
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by changing the zoning on Lot 1, Block 4, Alameda Park Subdivision, located
on the southeast side of Gertie Street and Robert Drive intersection, from 'R-lB" One-
family Dwelling District to UAB" Professional Office District.
SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this
ordinance.
SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1937, as amended from time to time,
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect.
SECTION 4. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
H:~.EG-DI R~DoyIeDCuffis~dYDOCS~2002~P&ZORD02~Zoning.ord~OYLEC~2002~.070202A. DLGranLil~n$.O~ ~.d~
Page 2 of 3
SECTION 6. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 7. That upon written request of the Mayor or five Council members, copy
attached, the City Council (f) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule as to consideration and voting upon ordinances at
two regular meetings so that this ordinance is passed upon first reading as an
emergency measure on this 24th day of September, 2002.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
APPROVED AS TO LEGAL FORM 15 August, 2002
James R. Bray, Jr.
City?/~rne.~y /// /~ ~_....
'Doyle D(~:urtis v
Senior Assistant City Attorney
H:~EG-D~R~D~y~eDCu~tis~YD~c~2~2~P&Z~RD~2~-~n~ng~rd~D~YLEc~3~2~z~7~2~2A~DLG~t`i~us~n~ ~*d~
APPLICANT'S SPECIAL PERMIT
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY
DAVID L. GRANT dba ILLUSIONS, BY CHANGING THE ZONING MAP
IN REFERENCE TO LOT 1, BLOCK 4, ALAMEDA PARK SUBDIVISION,
(CURRENTLY ZONED 'R-lB" ONE-FAMILY DWELLING DISTRICT) BY
GRANTING A TEMPORARY SPECIAL PERMIT FOR HAIR SALON USE
SUBJECT TO SEVEN (7) CONDITIONS; AMENDING THE
COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS
FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR
PUBLICATION; AND DECLARING AN EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations conceming the application of David L. Grant dba Illusions, for
amendment to the City of Corpus Chdsti Zoning Ordinance and Zoning Map;
WHEREAS, with proper notice to the public, public headngs were held on Wednesday,
July 31, 2002, dudng a meeting of the Planning Commission, and on Tuesday,
September 24th, 2002, during a meeting of the City Council, in the Council Chambers,
at City Hall, in the City of Corpus Chdsti, during which all interested persons were
allowed to appear and be heard; and
WHEREAS, the City Council has determined that this amendment would best serve
public health, necessity, and convenience and the general welfare of the City of Corpus
Chdsti and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION t. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by granting a temporary Special Permit for a hair salon use on Lot 1, Block 4,
Alameda Park Subdivision, (currently zoned "R-lB" One-family Dwelling District),
located on the southeast side of Gertie Street and Robert Ddve intersection.
SECTION 2. That the Special Permit granted in Section 1 of this Ordinance is subject
to the following seven (7) conditions:
1..USES: The only use permitted by this Special Permit other than those uses
permitted by dght in the "R-lB" One-family Dwelling District is a hair salon.
Hours of Operation: Hours of operation shall be limited to Tuesday through
Fdday between 10 a.m. and 6:00 p.m. and Saturday between 10:00 a.m. and
2:00 p.m.
3. Staff: Staff of the hair salon shall be limited to the owner plus two (2) other
persons.
tU. EGAL~.AW~.EG-DIR~IeDCur tisWIYDOCS~002~&ZORD02~onlng.ord~DOYLEC~2002~070202B.DLG ranLilusio~.S P.O~ ~.doc ~ ~
Page 2 of 4
4. BUILDINGS: The. .e. xisting single-story residential structure facing Gertie
Street and the ex~sflng garage to the rear of the property must each maintain
its residential character and facade.
5. SCREENING A standard screening fence with a height of not less than six (6)
feet must be installed and maintained along the south and east property lines.
ParkinR: A total offwe (5) parking spaces shall be required with three (3)
located along a ceremonial driveway adjacent to Gertie Street and two (2)
located in the existing detached garage along the rear property area.
TIME LIMIT: This Special Permit shall be a temporary permit and shall
automatically expire one year from the date of this ordinance. During the one
year permit period the property must be used in compliance with Condition #1
and all other conditions described in this ordinance. Upon expiration of the
one year permit pedod, the only uses permitted for the subject properly shall
be those uses permitted by right in the ~R-1B" One-family Dwelling District.
SECTION 3. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section I of this
ordinance.
SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1937, as amended from time to time,
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect.
SECTION 5. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 7. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
~-EGAL~LA~W-EG-~R~D~y~eDcurt~sW~YD~C~2~&Z~ng~r~D~YLEc~2~2~2B~DLGrant~us~P~ ~ ~
Page 3 of 4
SECTION 8. That upon written request of the Mayor or five Council members, copy
attached, the Ci~y Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
end (2) suspends the Charter rule as to consideration and voting upon ordinances at
two regular meetings so that this ordinance is passed upon first reading as an
emergency measure on this 24th day of September, 2002.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
APPROVED AS TO LEGAL FORM 10 September, 2002
James R. Bray, Jr.
' Doyle [7[/Curtis
Senior Assistant City Attomey
t~LEGAL~LAW~EC~D~R~D~y~eDCu~s~YD~C~2~2~P&Z~RD~2~Z~n~ng~r~:~)YLEC~2~2~-~7~2~2~Gm~ #~s.SP.O~.~.d~ ~ ~
18
AGENDA MEMORANDUM
PUBLIC HEARING - ZONING (City Council Action Date: September 24, 2002)
Case No. 0702-03) Arnold and Doris Hill: A change of zoning from an "R-lB" One-family Dwelling
District to a "B-I" Neighborhood Business District on Lexington Subdivision, Block 3, Lot 51, located on the
north side of Sacky Drive, approximately 300 feet east of Ayers Street.
Planning Commission and Staff's Recommendation (07/31/02): Approval.
Requested Council Action: Approval of the "B-I" Neighborhood Business District and adoption of the
attached ordinance.
Purpose of Request: For pest control office.
Summary: The applicants have requested a change of zoning from a "R-lB" One-family Dwelling District to a
"B-I' Neighborhood Business District in order to develop a Pest Control business. The subject property consists of
a 100-foot by 149-foot vacant lot. The applicants intend to construct a 3,000 square foot one-story building on the
subject property for the proposed use. Stocking of pest control chemicals will not occur on premise and no outdoor
storage is proposed. Chemicals used for the txeatment of pests are purchased from an outsource supplier at the time a
treatment is scheduled. Pest control chemicals are distributed in gallon containers provided by suppliers and then
transported to the treatment site in a pickup track. The number of company vehicles will consist of three standard
pickup tracks. The applicants are self-employed and propose to hire one (1) additional employee.
Adjacent to the west of the subject properV/and extending to Ayers Street is a "B-4" District tract developed as a
plumbing business and other general commercial uses. Immediately east of the subject property is a lot rezoned in
1996 with an "AB" Professional Office District and developed as an engineering office. The subject property is a
remaining residential lot located between two nonresidential uses. North and further east, the area is zoned with a
"R-lB" District and developed with single-family residences and a few churches. Across Sacky Drive to the south,
the area is zoned an "I-2" District and extends south beyond Holly Road and east to Richter Street.
Access to the subject property is from Sacky Drive, a local street that connects to Ayers Street, an arterial. Approval
of this request from a "R-1B" District to a "B-1" District would eliminate inconsistent land development that could
occur between the two adjacent nonresidential lots.
Applicant's Position: The applicant concurs with Planning Commission and Stafffs recommendation.
Notification: Prior to the date of this memorandum, twenty-five (25) notices were mailed to the property owners
within a 200-foot radius, of which two (2) were returned in favor and none in opposition. This is a
noncontroversial ease.
Director of Planning
MG/FGM/er
Attachments:
1) Zoning Report Pages 2-9
2) Comments Received Page 10
3) Planning Commission Minutes Pages 11-12
4) Ordinance Pages 13-14
H 5PLN-DIR~ERMA\WORD~AGENDMEM\0702-03AGENDAMEMO.DOC
CITY COUNCIL
ZONING REPORT
Case No.:
Planning Commission
Hearing Date:
Map No.:
Applicant:
Legal Description/Location:
0702-03
July 31, 2002
I14D
Arnold and Doris Hill
Lexington Subdivision, Block 3, Lot 51, located on the north side of Sacky Drive, approximately 300
0.34 acre
Same as above.
'*R-lB" One-family Dwelling District
"B-I" Neighborhood Business District
Undeveloped lot.
Pest Control Office.
Not applicable.
- "R-lB" One-family Dwelling District
- "I-2" Light Industrial District
- "AB" Professional Office District
- "B-4" General Business District
feet east of Ayers Street.
Area of Request:
Lot(s) Area:
Current Zoning:
Request:
Current Use of Property:
Purpose of Request:
Zoning Change Requested Due
to Notice of Violation:
Adjacent Zoning:
North
South (across Sacky Drive)
East
West
Adjacent Land Use:
North - Single-family residences.
South - (across Sacky Drive) Undeveloped land and general businesses.
East - Office.
West - Plumbing and convenience store with fueling pumps.
Zonin~ Repol~
Case No. 0702-03 (Arnold and Doris Hill)
Page 2
Number of Residential Units Allowed:
"R-lB" - 1 unit (7.26 dwelling units per acre)
"B-I" - 12 units (36.30 dwelling units per acre)
Estimated Traffic Generation:
General office - 10 average weekday vehicle trip ends per 1,000 square feet of gross floor area x
3,000 square feet of gross floor area = 30 average weekday vehicle trip ends.
Adi acent Streets/Classification:
a) Sacky Drive - local
Right-of-Way Design
Current:
a) 50-foot of right-of-way with a 24 -foot back-to-back paved section.
Planned:
a) Same as current.
1996 Traffic Count (24-hour~ weekda¥~ non-directional):
a) None available.
Zoning History of Property:
There has been no rezoning activity within the past five (5) years.
Recent Surrounding Zoning Cases:
In September 1998, Lots 2 and 3A, Block 2, Lexington Subdivision, located along Ayers Street and
north of Milo street and the subject property, were granted a Special Permit in a "B-4" District for
an auto paint and body shop.
In January 1994, Lot 50B, Block 2, Lexington Subdivision, located along Milo Street and north of
the subject property was granted a change of zoning from "R-lB" District to a "B-I" District.
Zonin~ Report
Case No. 0702-03 (Arnold and Doris Hill)
Page 3
Zoning Inventory:
The subject property is part of a larger tract of land zoned an "R-lB" District that extends no~h and
east to Richter Street and beyond. This area is predominately developed with single-family
residences with some lots remaining undeveloped and a few churches dispersed throughout the area.
Immediately east is one lot developed as an engineering office and zoned with an "AB" District.
Across Sacky Drive to the south, the area is zoned an "1-2" District and extends south beyond Holly
Road and east to Richter Street. There is "B4" District to the north along each side of South Padre
Island Drive and to the west along Ayers Street. The "B-4" District along South Padre Island Drive
is predominately developed with retail sales. The "B4" District along Ayers Street and north of
Sacky Drive has some commercial businesses while south of Sacky Drive remains undeveloped.
Planning Staff Analysis:
General Characteristics and Background: The applicants have requested a change of zoning
from a "R-lB" One-family Dwelling District to a "B-i" Neighborhood Business District in
order to develop a Pest Control business. The subject property consists of a 100-foot by 149-
foot vacant lot. The applicants intend to construct a 3,000 square foot one-story building on
the subject property for the proposed use. Stocking of pest control chemicals will not occur
on premise and no outdoor storage is proposed. Chemicals used for the treatment of pests are
purchased from an outsource supplier at the time a treatment is scheduled. Pest control
chemicals are distributed in gallon containers provided by suppliers and then transported to
the treatment site in a pickup track. The number of company vehicles will consist of three
standard pickup tracks. The applicants are self-employed and propose to hire one (1)
additional employee.
Adjacent to the west of the subject property and extending to Ayers Street is a "B-4" District
tract developed as a plumbing business and other general commercial uses. Immediately east
of the subject property is a lot rezoned in 1996 with an "AB" Professional Office District and
developed as an engineering office. The subject property is a remaining residential lot located
between two nonresidential uses. North and further east, the area is zoned with a "R-lB"
District and developed with single-family residences and a few churches. Across Sacky
Drive to the south, the area is zoned an "1-2" District and extends south beyond Holly Road
and east to Richter Street.
Access to the subject property is from Sacky Drive, a local street that connects to Ayers
Street, an arterial. Approval of this request from a "R-lB" District to a "B-I" District would
eliminate inconsistent land development that could occur between the two adjacent
nonresidential lots.
Zonln_.~ Report
Case No. 0?02-03 (Arnold and Doris Hill)
Page 4
Pros:
a)
Conformity to the Comprehensive Plan and Land Use Compatibility: The Southside Area
Development Plan's adopted future land use map recommends the area to develop with low-
density residential uses. Overall, the Comprehensive Plan Elements can be supportive of the
requested "B-i" District since the requested lot is the last remaining "R-lB" District lot
located between a business and office zone.
Potential Housing Density: The "R-lB" District permits a density of 7.26 dwelling traits per
acre or one (1) unit on the subject property. A "B-I" District permits a density of 36.30
dwelling units per acre or twelve (12) units on the subject property. The increase in density
is equal to the adjacent east and west properties.
Height/Bulk/Setbacks/Etc.: The '~R-1B" District requires a from yard setback of 25 feet with
a side and rear yard setback of five (5) feet each. A "B-I" District requires a front yard
setback of twenty (20) feet and no side or rear yard setback unless adjacent to a residential
district where a setback of ten (10) feet each would be required. If the rezoning were
approved, new construction on the subject property would be required to maintain a setback
often (10) feet along the noxth property line. Both the "R-lB" and "B-I" Districts limit the
building height to 35 feet not to exceed three (3) stories.
Signage: Signs in the "R-lB" District are limited to one wall sign with an area not to exceed
one square foot. The "B-I" District permits unlimited wall signs and one freestanding sign
with an area of forty (40) square feet and a height of twenty (20) feet.
Traffic: The subject property has access to a local street, Sacky Drive that directly connects
to an arterial, Ayers Street. The 30 vehicles per day generated bythe proposed use will have
minimal impact on the street systems.
Parking/Screening: A pest control office requires one off-street parking space for each 200
square feet of gross floor area. The proposed stmeture requires fifteen (15) off-street parking
spaces. A standard screening fence with a height of not less than six (6) feet is required
when a business or industrial use locates adjacent to a residential district. The subject
property will be required to provide a standard screening fence along its north property line.
Costs to City: The entire infrastructure required to serve the subject property is in place and
no additional costs to the City are anticipated.
Platting: The subject property is a platted lot and will not require replatting.
(Meas in support of the request.)
The "B-I" District is an appropriate transition zoning classification adjacent to a "B-4"
District and an "AB" District.
Zoning Report
Case No. 0702-03 (Arnold and Doris Hill)
Page 5
Cons: (Ideas in support of maintaining the current zoning.)
None.
Staff Recommendation:
Attachments:
Approval.
Zoning and Ownership Map
Ownership List
H 5PLN-D IR~ERMA\WORD~X)NRPTS\0702 -03 CCREPORT.DOC
R-lB
B-4/SP
B-4
4-7
10
LEXI ON ITT~NEX
I-2
Jul 24-. 2002- RP
CASE Z0702-03
I-3
I-2
X
See Comments on Page(s)
- Property Owner in Favor
- Property Owner Opposed
Subject property
Ownere within 200 feet Iieted on attached ownerehip liat
Applicant: Arnold and Doris Hill
3029 Hiildale 78415
1
Z0702-03 437500020040
NICHOLS LOB[ LYNN,TRSTEE
MARITAL TRUST/FAIVIILY TRUS
9903 HYACINTH COURT
LOUISVILLE KY 40241
LEXINGTON LT 4B BK 2
OWNERSHIP LIST
Case No. 0702-03
Representative: Jim ViHaume
Steve Roberts Realty
5934 S. Staples, #202 78413
2
Z0702-03 437500020485
SALINAS ROY A ET UX
2444 lvflLO
CORPUS CHRISTI TX 78415
LEXINGTON SUB LT 48 B BK 2
3
Z0702-03 437500020490
FERNANDEZ JESUS S
2434 MILO
CORPUS CHRISTI TX 78415
LEXINGTON SUB LT 49B 2
4
Z0702-03 437500020500
BARRERA BALDEMAR V
CIO AURELIA P QUIROZ
2430 MILO
CORPUS CHRISTI TX 78415
LEXINGTON SUB L 5OA B 2
5
Z0702-03 437500020505
CRUZ RICHARD E ET UX
C/O AIVlERICAN NATIONAL BAN
PO BOX 6469
CORPUS CHRISTI TX 78466
LEXINGTON SfD LT 50 BLK 2
6
Z0702-03 437500030010
BJEDRZYCKI ENTERPRISES CO
10814 E HARDY
HOUSTON TX 77093
LEXINGTON LT lA BK 3
7
Z0702-03 437500030020
TEXAS DEPT. OF TRANSPORTATION
1701 S. PADRE ISLAND DR.
CORPUS CHRISTI, TEXAS 78416
LEXINGTON SUB PT OF LTS 2 & 14
BK 3 ROW
8
Z0702-03 437500030030
ULLAH AMAN
6630 SANDERS
CORPUS CHRISTI TX 78413
LEXINGTON LT 3 BLK 3
9
Z0702-03 437500030060
VALADEZ PABLO
2425 MILO
CORPUS CHILISTI TX 78415
LEXINGTON SUB L 6A B 3
10
Z0702-03 437500030065
BALLESTEROS MARTIN ROBERT
ETUX OLIVIA
2429 MILO
CORPUS CHRISTI TX 78415
LEXINGTON LT 6B BLK 3
11
Z0702-03 437500030070
RUBIO HOMERO
2433 MILO
CORPUS CHRISTI TX 78415
LEXINGTON SUB L 7A B 3
12
Z0702-03 437500030080
CASTILLO LILIA S
2441 MILO ST
CORPUS CHRISTI TX 78415
LEXINGTON SUB LT 8 B REPLAT BK
3
13
Z0702-03 437500030085
GONZALES TOMAS T
P O BOX 951
DB[SCOLL TX 78351
LEXINGTON SUB LT 8 A REPLAT BK
3
14
Z0702-03 437500030090
MARTINEZ RAYMOND H ETUX
2443 MILO
CORPUS CHRISTI TX 78415
LEXINGTON SUB L 9A B 3
15
Z0702-03 437500030485
SILVA FILEMON
2448 SACKY
CORPUS CHRISTI TX 78415
LEXINGTON LT 48B BK 3
16
Z0702-03 437500030490
(3ARCIA PABLO
4221 MONTEGO
CORPUS CHRISTI TX 78411
LEXINGTON SUB LT 49 B 3
17
Z0702-03 437500030500
SALAZAR ELOY H
4345 KOSTORYZ
CORPUS CHRISTI TX 78415
LEXINGTON SUB LT 5OR BLK 3
18
Z0702-03 437500030520
OWEN PHILIP R ET UX MARGA
7209 DIAMOND RIDGE
CORPUS CHRISTI TX 78413
LEXINGTON SUB LT 52 BK 3
Ownership List
Case No. 0702-03 (Arnold and Doris Hill)
Page 2
19
Z0702-03 438500000050
BURCHARD BRADLEY .l
2437 SACKY
CORPUS CHRISTI TX 78415
LEXINGTON SUB ANNEX LT 5
20
Z0702-03 438500000060
HEINAMAN AUBREY H
P O BOX 35289
DALLAS TX 75235
LEXINGTON SUB ANNEX LT 6
21
Z0702-03 438500000090
SOUTHERN' FOODS GROUP LP
1314 FREDERICKSBURG ROAD
SAN ANTONIO TX 78201
LEXINGTON SUB ANNEX LT 9
22
7_,0702-03 789400010010
CITY OF CORPUS CHRISTI
P O BOX 9277
CORPUS CHRISTI TX 78469
SERVICE CENTER TR-EX LT 1 BLK 1
22
Z0702-03 789400010010
CITY OF CORPUS CHRISTI
P O BOX 9277
CORPUS CHRISTI TX 78469
SERVICE CENTER TR-EX LTI BLK 1
SP
Z0702-03 437500030510
CALVIN J ASR & J A CALVI
TRS JOS A CALVIN SR LOVIN
P O BOX 3771
CORPUS CHRISTI TX 78463
LEXINGTON SUB W .50 OF LT 51 BK
3
q
· - FAVOR
X - OPPOSED
COMMENTS RECEIVED
FROM NOTICES MAILED
Case No. 0702-03
Arnold and Davis Hill
(Note: The listed numbers correspond to the attached map.)
Notices returned from within the 200-foot notification area:
Favor:
11)
III.
Leonila C. Rubio, 2433 Milo St.
No written comment.
15) Filemon C. Silva, 2448 Sacky Dr.
No written comment.
Opposition: None.
Responses received from outside the 200-foot notification area:
Favor: None.
Opposition: None.
Responses received from owners/applicants of subject area:
Favor: None.
Opposition: None.
H:~P LN-D IR~ERMA\WORD\COMMDATA~0702-03 COMMENTS. DOC
planning Commission Minutes
July 3 l, 2002
Arnold and Doris Hili: 0702-03
REQUEST:
"R-lB" One-family Dwelling District to "B-I" Neighborhood Business District on
property described as Lexington Subdivision, Block 3, Lot 51, and located on the north
side of Sacky Drive, approximately 300 feet east of Ayers Street.
Mr. Saldafia presented a computerized slide illustration of the subject property and the
surrounding area. The subject property is part of a larger tract of land zoned an "R-lB" District that extends
north and east to Richter Stxeet and beyond. This area is predominately developed with single-family
residences with some lots remaining undeveloped and a few churches dispersed throughout the area.
Immediately east is one lot developed as an engineering office and zoned with an "AB" District. Across
Saoky Drive to the south, the asea is zoned an "I-2' District and extends south beyond Holly Road and east
to Richter Street. There is "B-4" District to the north along each side of South Padre Island Drive and to
the west along Ayers Street. The "B-4" District along South Padre Island Drive is predominately
developed with retail sales. The "B-4" District along Ayers Street and north of Saeky Drive has some
commercial businesses while south of Sacky Drive remains undeveloped.
The applicants have requested a change of zoning from a "R-lB" One-family Dwelling District to
a "B-1 ' Neighburhood Business District in order to develop a Pest Control business. The subject property
consists of a 100-foot by 149-foot vacant lot. The applicants intend to construct a 3,000 square foot one-
story building on the subject property for the proposed use. Stocking of pest control chemicals will not
occur on premise and no outdoor storage is proposed. Chemicals used for the treatment of pest are
purchased from an outsource supplier at the t/me a treatment is schedule. Pest control chemicals are
distributed in a gallon container by suppliers and will be transported to the treatment site in a pickup track.
The number of company vehicles will consist of three standard pickup trucks. The applicants are self-
employed and propose to hire one (1) additional employee.
There is "B4" District property to the west along Ayers Street. Directly west of the subject
property is a "B-4" District tract developed as a plumbing business. Immediately east of the subject
property is a lot rezoned in 1996 with an "AB" Professional Office District and developed as an
engineering office. The subject property is a remaining residential lot located between two nonresidential
uses. North and further east, the area is zoned with a "R-lB" District and developed with single-family
residences and a few churches. Across Sacky Drive to the south, the area is zoned an "I-2" District and
extends south beyond Holly Road and east to Richter Street.
Access to the subject property is fi:om Sacky Drive, a local street that connects to Ayers Street, an
arterial. Approval of this request from a "R-lB" District to a "B-I" District would eliminate inconsistent
land development that could occur between the two adjacent nomesidential lots.
The Southside Area Development Plan's adopted future land use map recommends the area to
develop with low-density residential uses. Overall, the Comprehensive Plan Elements can be supportive of
the requested "B-I" District since the requested lot is the last remaining "R-IB" DisMct lot located
between a business and office zone.
Commissioner Salazar stated that he needed to abstain from participation.
Public hearing was opened.
Steve Roberts, representing the applicant, said that the applicants are requesting a "B-I" District
zoning for the pest control business. He added that the property is located between a "B4" District and
"AB" District.
Public heating was closed.
planning Commission Minutes
July 31, 2002
Case No. 0702-03 (Arnold and Doris Hill)
Page 2
Motion by Amsler, seconded by Richter, to forward a reco,~.~ndation to approve the rezoning
request. Motion passed with Salazar abstaining; Mires, Pusley, Smith, and Zamora being absent.
PLANNING COMMISSION
APPLICANT'S REQUEST AND STAFF'S
RECOMMENDATION
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY
ARNOLD AND DORIS HILL, BY CHANGING THE ZONING MAP IN
REFERENCE TO LOT 61, BLOCK 3, LEXINGTON SUBDIVISION,
FROM "R-lB" ONE-FAMILY DWELUNG DISTRICT TO "B-I"
NEIGHBORHOOD BUSINESS DISTRICT; AMENDING THE
COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS
FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR
PUBLICATION; AND DECLARING AN EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the application of Arnold and Doris Hill for amendment to
the City of Corpus Christi Zoning Ordinance and Zoning Map;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
July 31, 2002, during a meeting of the Planning Commission, and on Tuesday,
September 24, 2002, during a meeting of the City Council, in the Council Chambers, at
City Hall, in the City of Corpus Christi, during which all interested persons were allowed
to appear and be heard; and
WHEREAS, the City Council has determined that this amendment would best serve
public health, necessity, and convenience and the general welfare of the City of Corpus
Christi and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by changing the zoning on Lot 51, Block 3, Lexington Subdivision, located on
the north side of Sacky Drive, approximately 300 feet east of Ayres Street and 3 blocks
south of S. P. I.D., from "R-1 B" One-family Dwelling District to 'B-1" Neighborhood
Business District.
SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this
ordinance.
SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1937, as amended from time to time,
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect.
SECTION 4. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
t~J.EGAI.~J. AW~EC--OIR~)oyleDCu r tisq~YDOCS~2002~P&ZORD02~Zonlng.ord~DO~2~07~DHilI'P~M'O~ ~'&PC'd~
Page 2 of 3
SECTION 6. Tha~ publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 7. That upon wri[ten request of the Mayor or f'we Council members, copy
attached, the City Council (f) finds end declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule as to consideration and voting upon ordinances at
two regular meetings so that this ordinance is passed upon first reading as an
emergency measure on this 24th day of September, 2002.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
APPROVED AS TO LEGAL FORM t5 August, 2002
James R. Bray, Jr.
By: ~""~'"
[~EGAL~LAVALEG-DIF~,DoyleDCur tis~W'DOCS~002&P&ZORD02~oning ,ord~DOYLEC~2002~Z070203A.A&DHIII.PestCtd. Ord-App.&PC.doc
19
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
9-24~2
AGENDA ITEM: The Juvenile Assessment Center has completed its third year of
operation and is presenting the data that it has collected, which shows that the cycle of
delinquency is broken for 81% of the youth who receive services through the Juvenile
Assessment Center.
CITY STAFF PRESENTER(S):
Name Title
1. Bryan Smith Commander
2. Dan Whitworth Director
3. Deanie King Judge
4. Mariah Boone Superintendent
Dept/Division
Police
Park & Recreation
Municipal Court
Park & Recreation
OUTSIDE PRESENTER(S):
Name
1. Linda Bridges Chair
Title/Position Organization
Crime Control &Prev. Distdct
ISSUE: High levels of juvenile arrests and delinquency concern our community.
National research has proven that comprehensive intervention with status offenders
prevents juvenile delinquency, and this presentation shows how JAC intervention is
working in our community.
BACKGROUND: The goal of the Juvenile Assessment Center of the City of Corpus
Christi Park & Recreation Department is to decrease juvenile crime by helping at-risk
families connect with the services they need to help their children avoid delinquency
and become productive citizens of the community.
REQUIRED COUNCIL ACTION: No Council action is required.
Daniel L. Whitworth
Director of Parks & Recreation
Additional Background []
Exhibits []
9/13/02
City of Corpus Christi
Park &
Recreation
Discover
the Benefits...,,
Juvenile
Assessment Center
[allY l#tOl~O#tiO#
ro P~nt O~lingu~no~
Program funded through the
Corpus Christi Crime Control and
Prevention District
9/13/02
Juvenile Offenders
Patterns of Behavior
15% of al/juvenile
offenders commit 75%
of ail violent offenses
nationally. This fo/lows
a predictable pattern in
their offense career...
Juvenile Offenders
Patterns of Behavior
· More aggressive than peers
by age 4,
· Behavior problems in the
primary grades at school.
2
9/13/02
Juvenile Offenders
Patterns of Behavior
· Between the ages of 9 and
12, youth begin to commit
status offenses (Examples:
truancy, curfew violation).
· If juvenile offenders do not
receive services at this time,
they will go on to commit
violent offenses by age 14.
the
of Delinquency
The JUVENILE
ASSESSIVlENT CENTER
provides an opportunity
for early intervention
through case
management services.
3
9/13/02
ISuccess~
Juvenile Assessment
Center
Preventing Delinquency
· Services include
comprehensive case
management to 2,211
at-risk youth and their
families since it opened
in September of 1999.
· The cycle of delinquency
was broken in over 81%
of these cases.
Juvenile Assessment
Center
Preventing Delinquency
· Gained the attention of the
Office of .luvenile .lustice
and Delinquency Prevention
in Washington.
· The ]AC has been used as
an international model.
4
9/13/02
Juvenile Assessment
Center
Background
· Funded by the Corpus
Christi Crime Control and
Prevention District.
Juvenile Assessment
Center
Background
Obtained a Title V
Delinquency Prevention
Grant that provided funds
needed to hire a Municipal
Juvenile Judge and four case
managers in addition to the
two Crime Control-funded
case managers.
5
9/13/02
Juvenile Assessment
Center
Attendance Outcomes
Returned over 663 children
to school for a total of
34,825 ADA-el/g/b/e days
during FY2002, keeping
them off the streets and
saving local school districts
$8?0,625 in ADA funding.
t~chool Attendance
I iutcomes
For Youth Receivinq
Case Management ~Services
PRE-CASE POST-CASE
MANAGEMENT MANAGEMENT
AI-I'ENDANCE A'I-FENDANCE
· 53 Good 163 Good
I SucCess~ 75 Fair . 64 Fair
146 Poor 47 Poor
9/13/02
Juvenile Assessment
Center
Offense Outcomes
Success~ · 70% of the youth processed
through the .1AC committed
no additional offenses of any
kind, however minor, after
.lAC intervention.
Juvenile Assessment
Center
Offense Outcomes
Success~ · 810/0 of the youth processed
through the .lAC committed
no delinquent offenses after
.1AC intervention.
I Suecess~ · The .lAC processed only
91 repeat offenders out
of 1183 intakes, for a rate
of only 9%.
9/13/02
Offense Outcomes
For Youth Receiving
Case Management Services
PRE-CASE
MANAGEMENT
AI-FENDANCE
144 No Priors
53 Status Offender
Success'~i s3 Delinquent,
× Non-Violent
24 Delinquent,
Violent
POST-CASE
MANAGEMENT
A-FFENDANCE
215 No Offenses Post
27 Status Offender
22 Delinquent,
Non-Violent
10 Delinquent,
Violent
Partners in Preventing
Delinquency
The MUNICIPAL JUVENILE
COURT refers juvenile
offenders to the .1AC for
assessment and/or case
management,
9/13/02
Municipal Juvenile Court
Preventing Delinquency
· Court orders status
offenders and other early,
pre-delinquent offenders to
be assessed and/or enter
the case management
program at JAC.
Municipal Juvenile Court
· Opened in October of
2001.
Municipal Court obtained
a Juvenile Accountability
[ncentive Block Grant to
complete funding for the
Municipal Juvenile Court.
9
9/13/02
Juvenile
Assessment Center
Pro¥o#ti#O
/# 0#~ Oommu#i~.
This service improves the quality of life creating an
environment to attract economic development for
business and favorable conditions for residents.
City of [
Corp~.
~_....~ Christi p a ~lll~k
Recreation
Discover
the Benefits...TM
10
20
CITY COUNCIL
AGENDA MEMORANDUM
2002
AGENDA ITEM: Quarterly Council update on the Airport Termimfl Reconstruction and other
related projects.
ISSUE: The Corpus Christi International Airport is undergoing several capital projects including
the terminal reconstruction, roadway/parking improvements and the commercial apron expansion
and partial replacement. Council has directed staffto prepare quarterly presentations.
REQUIRED COUNCIL ACTION: None
ALTERNATIVES: None
IMPLEMENTATION SC1/EDULE: Presentations will be prepared for delivery to Council
each quarter, and will continue until the projects are completed or as otherwise directed by
Council.
PRIOR / FUTURE COUNCIL ACTION: Council has had extensive involvement since project
began and staff will be bringing additional items to Council as required.
BOARD/COMMrVFEE REVIEW: AH major issues are submitted to the Airport Board for
their suggestions and recommendations.
FUNDING: Funds for these projects are from several sources including FAA Grants, Reserves,
PFC's, Bonds, and lease revenue.
Also available for the presentation will be Doug Ellis, Project Manager, DMJM.
Dave Hamriok
Director of Aviation
AIH)mONAL SUPPORT MATERIAL
Powe~ Po'mt Presentation
EXECUTIVE SUMMARY
Recently the program has focused on the following areas:
Terminal Construction: Installation of interior walls,
painting, and various architectural finish activities are in
progress. HVAC, plumbing and electrical services are
being installed at all locations. Terrazzo flooring and
elevators are installed and being finished. Carpet has been
installed in several areas. The extension of the roadway
canopy is being constructed.
Terminal Apron Improvements — Phase 2: Passenger
loading bridge tie -downs have been installed.
Passenger Loading Bridges & Apron Lighting: The
loading bridges are currently being installed.
Terminal Furniture: Furniture has been ordered with an
anticipated delivery date of October 1.
Gate Hold Room Furniture: Furniture has been ordered with an
anticipated delivery date of October 20.
Roads & Parking: A pre -construction meeting was held on
August 8 and the contract start date was set for August 9.
Installation of underground utilities started
Roads & Parking
The pre -construction conference was held on August 8 and the
start of contract was set at August 9. Installation of underground
utilities started with the electrical duct bank servicing the toll
plaza that started on August 20. Excavation for the east water
line started on August 27. Excavation for the bypasses at the
loop road tie-ins to International Drive started on August 28.
Demolition of the loop road and commercial lane in front of the
terminal started on August 31. The project completion is August
8, 2003.
LOOK AHEAD SCHEDULE
The following activities are expected to occur in September:
Terminal Construction Program 2000
Continue finish activities for mechanical, electrical and plumbing.
Continue installation of CCTV, PA and access control systems.
Complete the curbside canopy extension.
Complete wall and finishes.
Complete restroom finishes.
Continue painting.
Complete installation of elevators.
Complete terrazzo installation.
Start vinyl tile and carpet installations.
Terminal Apron Improvements — Phase 2
Complete ground rod installations.
Roadway & Parking Lot Improvements
Continue installation of underground utilities.
Continue Phase 1 road construction
Start Phase 2 road construction
Lift Station and Sanitary Sewer Relocation
Issue Notice to Proceed and start installation of new sanitary sewer lines.
Passenger Loading Bridges & Apron Lighting
Complete installation of loading bridges for Gates 2 through 6.
Terminal Furniture
Manufacture furniture.
TERMINAL RECONSTRUCTION AND LANDSIDE IMPROVEMENTS PROGRAM
Item I Programming RecommendedI Current
B~d~e~ Budget I Estimate I Committed/
Actual
Terminal Reconstruction
Terminal & Concourse
Temporary Facilities
Triturator
Terminal Public Seating
Southwest Move Reimbursement
Food Concession Reimbursement
19.139,062 18,401.417 18.217.638 18,219,268
1,604,082 1,604,082 1.604,082
102.615 102,615 102,615
161.500 160,000
192,000 192,000 192,000 192,000
400.000 400,000 4001000
19,731,062 20.861.614 20.676.335 20.117,964
Design Contingency
NE Fee - Terminal
A/E Fee - Triturator
NE Fee - Jet Bridge
Program Management Fees
Terminal Construction MgFInspection
Testing
Administration/Engineering
Force Account
Incidental Expenses
Project Contingencies
1,973,106
2,169,100 2.470.000 2,470,000 2.454.726
7.605 7,605 7,605
20,000 20,000 20,000
1,295.050 1.617,359 1,617,359 1,617,359
60,000 211,400 211.400 211,400
65,113 131,386 131,386 131.386
144,694 144.694 144,694
25,500 25,500 25.500
338,479 338.479 338,479
204r080 118~972 118~972.
6.275,122 5,085,394 5,085,394 4,442,475
Total: 26,006,184 25,947.008
Jet Bridges *
Access Control & CCTV' (Included w/Terminal Bid)
Access Control & CCTV Design*
Access Control & CCTV Misc**
25,761,729 24,560,439
2,474,926 2,359.867 2,359,867
406.560
88.495 88,495 88,495
40,345 40,345
3.010,326 2,488.707 2.448.362
Total Terminal Reconstruction:[ 26,006,184 I 28,957,334
28,250,436 27,008,801
Apron 1,864,881
Terminal Apron & Tug Paving 2.000,000 1,955,016 1,864,881
19,400 18,485 18,485
Construction Testing 60,723 60,723 60,723
NE Fee 40r000 40.000 40,000
PM Fee 2.000,000 2.075,139 1.984,089 1,984,089
South Apron Extension *
Apron Extension AlE Fee'
Apron Extension PM Fee*
Apron Extension - Misc.*
North & West GA Access Roads'
Sewage Lift Station' **
Sewage Lift Station A/E Fee* **
Sewage Lift Station PM Fee' **
Sewage Lift Station - Misc.* '*
Total Apron & Lift Station:
1,071.511 t.071,511 1.071,511
119,592 11~952 119,592
6,240 ~240 6,240
70,000 70,000
133,934 13~934 133,934
671,000 1,00~669 959.685 959,685
51,700 8~700 88,700 88,700
5,040 ~040 5,040 5,040
7Z260 6~000 6~000
800,000 2,562,686 2,515,062 2.384,70~
2,800,000 4,637,825 4,499,151 4,368,791
Item Programming Currant I Committed/
Budget I Bud=et I current
Estimate Actual
International Odve. L0oo Road. Access Roads
Entrance Road
Loop and Canopy Road
Employee/FAA Access Road
Water Mains
2,148,428 381,734 363,556 363,556
2,242,224 1,595,071 1,519,115 1,519,115
27,035 495,454 471,861 471,861
473~890 451 ~324, 451 ~324
4,417,687 2,946,149 2,805.856 2,805,856
Engineering Fee 425,313 425.313 401,409 401,409
107,000 107.000 107,000
PM Fee 9,620 9~620 9,620
Testing/Inspections
Total:[ 4,843,000 J 3,488,082
Pinson Drive
Road 1,227,000
Engineering and PM Fees 118.000
Total:) 1,345,000 I
Caliche Road
Road 370,000
Engineering and PM Fees 35,000
Total: [ 405,000 J
3,323,885 3,323.885
Pa~kino Lot Imorovemen[s
Additional Parking 1,218,000 3,804,971 3,623,782 3,623,782
117,247 111,664 111,664
Inspection Stat'ohs* 587,602 559,621 559,621
Short Term Parking Canopies*
Engineering Fee 145,000 186,000 185,873 185,873
Engineering Fee (Toll Plaza) 53,060 53,060 53.060
PM Fee (Parking & Revenue Control) 20,625 20,625 20,625
Teeting/Inspections 55,00(~ 55,000 55,000 4,524.
Total:~ 1,418,000 J 4,824,505 4,609,625 4,559,149
Total Roads & Parking: 8,011,000 8,312,587 7,933,510 7,883,034
PROGRAM TOTAL:[ 36,817,184 J 41,907,746 40,683,097 39,260,626
*program Scope Addition
2
3
21
CITY COUNCIL
AGENDA MEMORANDUM
City Council Meeting on September 24, 2002
AGENDA ITEM:
Adoption of an ordinance authorizing the renaming of Cobo Park as Douden Park.
ISSUE:
The City has established a formal policy for naming parks and recreation facilities. The
City has received a renaming request from the Cobo Park Committee for Cobo Park
located at Cobo de Bara Circle on the Island.
BACKGROUND:
The Park and Recreation Advisory Committee voted unanimously at their September
11, 2002 regular meeting to recommend that the City Council consider waiving the
newspaper publication for this renaming request related to Cobo Park, in part due to
health concerns for the Doudens. The Committee also is asking that the City Council
approve the requested renaming.
REQUIRED COUNCIL ACTION:
City Council must approve the naming of all City facilities, parks and recreation facilities
and that process is finalized by the adoption of an ordinance.
RECOMMENDATION:
Staff recommends the renaming of Cobo Park as Douden Park be approved and the
waiver granted as requested.
ADDITIONAL SUPPORT MATERIAL
Request for the Naming of Parks and
Facilities Form
Daniel L. Whitworth
Director, Park and Recreation
X
OF PAi~ AND
PARK AND RRCRF. A,I'2ON DEPAR'I'MENT
CITY OF CORPUS CI-m.lSTI, TEXA~
7.
O"teofthtsrequest . CT ~ ~ -~oo~,_ ~
FOR OI~iC~ GS~ O~Y:
AN ORDINANCE
WAIVING THE PUBLICATION OF LEGAL NOTICE; RENAMING THE
PARK AT 13608 PORT ROYAL ON PADRE ISLAND FROM COBO
PARK TO DOUDEN PARK; PROVIDING FOR SEVERANCE; AND PRO-
VIDING FOR PUBLICATION.
BElT ORDAINED BYTHECITYCOUNCILOFTHECITYOFCORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. Pursuant to Policy No. 6 of Council Policies, Resolution No. 21901,
adopted March 22, 1994, upon unanimous recommendation of the Park and Recreation
Advisory Committee, the City Council waives the publication of legal notice.
SECTION 2. The name of the park at 13608 Port Royal on Padre Island, currently
known as Cobo Park, is hereby renamed Douden Park.
SECTION 3. 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, para-
graph, subdivision, clause, phrase, word or provision of this ordinance, for it is the def-
inite intent of the City Council that every section, paragraph, subdivision, phrase, word
and provision hereof shall be given full force and effect for its purpose.
SECTION 4. Publication of this ordinance will be made in the official publication of the
City of Corpus Christi as required by the City Charter of the City of Corpus Christi,
Texas.
22
CITY COUNCIL
AGENDA MEMORANDUM
September 24, 2002
AGENDA ITEM:
Ordinance appropriating $53,599,700 from the proceeds of the sale of Utility System
Improvement Bonds, Series, 2002 in the Nos. 4084 Water 2002 CIP, 4244
Wastewater 2002 ClP and 3487 Storm Water 2002 ClP Funds to fund various
eligible Water, Wastewater and Storm Water projects.
BACKGROUND:
On August 20, 2002, the City Council authorized the the issuance and sale of Utility
System Revenue Refunding and Improvements Bonds, Series 2002 in an aggregate
amount not to exceed $130,000,000. Proceeds in the amount of $42,000,000 will
be used to pay outstanding Commercial Paper, while $53,599,700 will fund utility
projects. The anticipated refunding transaction did not occur as the benchmark
savings were not achieved
RECOMMENDATION: Approval of Ordinance as submitted
Mark L. McDaniel
Director of Management and Budget
Ordinance
X
ORDINANCE
APPROPRIATING $53,599,700 FROM THE PROCEEDS OF THE SALE
OF UTILITY SYSTEM IMPROVEMENT BONDS SERIES 2002, IN THE
NOS. 4084 WATER 2002 CAPITAL IMPROVEMENT PLAN (CIP), 4244
WASTEWATER 2002 CAPITAL IMPROVEMENT PLAN (CIP), 3487
STORM WATER 2002 CAPITAL IMPROVEMENT PLAN (CIP) FUNDS
TO FUND VARIOUS ELIGIBLE WATER, WASTEWATER, AND STORM
WATER PROJECTS ON THE FY97-98, FY98-99, FY99-00, FY00-01 AND
FY01-02 CAPITAL IMPROVEMENT PROJECTS LISTS; AND
DECLARING AN EMERGENCY.
BE 1T ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRIST, TEXAS:
SECTION I. That $53,599,700 from the Issuance of Utility System Improvement
Bonds Series 2002 is hereby appropriated in the Nos. 4084 Water 2002 Capital
Improvement Plan (CIP), 4244 Wastewater 2002 Capital Improvement Plan (CIP), 3487
Storm Water 2002 Capital Improvement Plan (CIP) Funds to fund various eligible water,
wastewater, and storm water projects on the FY97-98. FY98-99, FY99-00 and FY01-02
Capital Improvement Projects Lists.
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
APPROVED: September 20, 2002
James R. Bray, Jr.
City Attorney
BY: R. Ja~Re~ing,/~~
First Assistant City Attorney
23
AGENDA MEMORANDUM
September 24, 2002
SUBJECT: Computerized Maintenance Management System
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the
contract with EMA, Inc. in the amount of $1,253,000 for next phase implementation of the
Computerized Maintenance Management System (Aviation, Gas, Storm Water, Wastewater
and Water Departments).
ISSUE: The next phase of improved maintenance management is due for implementation in
FY2002-2003. The original contract helped contribute to the improved bond ratings.
FUNDING: Funds for these contracts are available in the adopted FY2002-2003 adopted
Operating Budget (Aviation, Gas, Storm Water, Wastewater, and Water).
RECOMMENDATION:
Foster Crowell
Director of Wastewater Services
Approval of the motion as presented.
~-Z:h~--Angel R. Escobar, P. E.
Va~ ~mY~' P'~· 'Direct°r of Engine{riI
Dir~tor of Storm Wa
Services
Debbie Ma~'ro~luin, P.~
Director of Gas Services
Attachrnerlt~:
Exhibit A:
Exhibit B:
Background
Summary of Contract
Dave i-lamrick
Aviation Director
Page 1 of 1
H:\HOME\KEVINS\GEN\WATER\CMMS~AMDIAWD.M 1
ADDITIONAL INFORMATION
SUBJECT: Computerized Maintenance Maintenance Management System
SUMMARY: The City began implementation of a work management system during
FY2001-2002. The system has been partially implemented by the Wastewater and Water
Departments. The partially implemented system has been immensely beneficial to the
Water and Wastewater Departments. They consider full implementation essential for
continuing to improve and increase efficiency and service.
Full implementation is necessary to maximize savings possible through the re-engineering
process. The contract for FY2002-2003 further expands the system in Wastewater and
Water and will initiate implementation for the Gas and Storm Water Departments. The
ultimate intent is to achieve City wide usage by the end of FY2002-2003. The contract and
system does not require continued implementation, and the City may decide to limit future
implementation or terminate the contract.
BACKGROUND: In December 2000, the City Council directed the Wastewater and Water
Departments to continue re-engineering efforts. Work continued in two major areas to
increase efficiency:
1. workforce development; and
2. facility automation.
The third area necessary is the development of a work management system. Such
systems are commonly used in the pdvate sector to better manage work and to achieve
reductions in operating costs. The core component of modem work management systems
are computerized maintenance management systems (CMMS)~ which resulted in the
subsequent approval of the original contract on October 30, 2001.
CONTRACT SUMMARY: The contract is divided into three years with each year requiring
separate City authorization. The first year addressed the City's Wastewater and Water
services. The proposed contract for FY2002-2003 continues implementation for the
Wastewater and Water Departments by refining their work processes and providing
interfaces with other City functions. Specifically, the expansion will allow the Wastewater
and Water CMMS system to interface with the:
· City's geographic information system (GIS);
· financial software (PeopleSoft);
· utility billing (HTE);
· warehouse inventory software;
· workorder management/complaints systems;
· coordinate line fire hydrant and line maintenance; and
· coordinate restaurant inspections with wastewater pre-treatment inspections.
H:\H OM E\KEVtN S~GEN\WATER~CMMS~AMD1 BKG.EXA
EXHIBIT "A" J
Page 1 of 2
The FY2002-2003 contract will also implement CMMS for the Gas and Storm Water
Departments. The contract provides the Aviation Department with initial implementation
actions that will provide the data and information to seek FAA discretionary funding.
PRIOR COUNCIL ACTIONS:
September 25, 2001 - Presentation on CMMS by the chief executive officer of EMA, Inc.;
October 30, 2001
· Ordinance appropriating $400,000 into the No. 4010 Water Fund (Ordinance No.
024644);
· Ordinance appropriating $400,000 into the No. 4200 Wastewater Fund (Ordinance No.
024645); and
· Motion authorizing the City Manager or his designee to execute a contract with EMA,
Inc. in the amount of $800,000 for a Computerized Maintenance Management System
for the Water and Wastewater Departments (M2001-407).
FUTURE COUNCIL ACTIONS: Approval of Amendment No. 2 for FY2003-2004 to
complete implementation.
FUNDING: Funding is available from the FY2002-2003 Combined Utility and Aviation
Funds.
RECOMMENDATION: Approval of the motion as presented.
H:\HOM E\KEVINS\G EN\WATER\CM MS,AM D 1 BKG.EXA
EXHIBIT "A" ]
Page 2 of 2
CONTRACT SUMMARY
AMENDMENT No. 1
SERVICES TO BE PERFORMED
Provide the City with work management training and an operable computerized maintenance management
system functioning as a Citywide work management program upon full implementation of the system. The
scope provides for the services to be performed through a series of modules that introduce general work
management concepts, establish standards for the City's program, and provide department-specific training
and system configuration. The scope will include data collection support, practices modeling, skills inventory,
software configuration, system testing, training, and implementation. The Consultant will provide and deliver
to the City work management hardware and software necessary for the project. The software configuration
will be integrated with City software systems including, but not limited to, PeopleSoff, HTE, geographic
information system, and utility supervisory control and data acquisition ($CADA) software.
I. FEE FOR SERVICES AUTHORIZED
1. The City will pay the Consultant a fixed fee not to exceed $1,253,000 for the following Phases:
Phase 4: Water Distribution and Wastewater Collection (Except for Task 4.4 Skills Inventory, which
was completed under Project 8380 in FY 2001-02)
Phase 4a: Process Analysis and Reinforcement of New Practices
Phase 5: Expand Technology Access (Additional Software)
Phase 6: Warehouse, Utility Billing, and PeopleSoft and HTE Interfaces
Phase 7: CQM, Health, and Fire Hydrants (Tasks 7.1, 7.2 and 7.3)
Phase 8: Stormwater (Except for Task 8.4 Skills Inventory, which was completed under Project 8380
in FY 2001-02)
Phase 9: Gas (Except for Task 9.4 Skills Inventory, which was completed under Project 8380 in FY
2001-02)
Phase 14: Aviation (Task 14.5 only)
Table 1 - Summary of Fees:
Phase Cost
Original Contract: FY2001-2002
Phase 1: Initiation and Basic Tools - Completed under Project 8380 $200,000
Phase 2: Pilot ON Stevens - Completed under Project 8380 $200,000
Phase 3: Extend to Wastewater Plants - Completed under Project 8380 $200,000
Tasks 4.4, 7.7, 8.4, 9.4, 12.4, and 13.4: Skill Sets- Completed under Project 8380 $200,000
FY 2001-02 Fees $800,000
FY2001-02 Tasks Deferred to FY2002-03 ($125,000)
Revised FY2001-02 Fees $675,000
Amendment No. 1: FY2002-2003
Phase 4: Water and Wastewater Lines with GI$ Interface (Except Task 4.4) $187,500
Phase 4a. Process Analysis and Reinforcement $200,000
Phase 5: Expand Technology Access (add licenses) $200,000
Phase 6: Warehouse, Utility Billing, Peoplesoft and HTE Interfaces $200,000
Phase 7: CQM, Health, and Fire (Hydrants only) (Task 7.1,7.2, 7.3 only) $67,500
Phase 8: Storm Water (Except Task 8.4) $187,500
Contract for Consulting Services
Computerized Maintenance Management System
Page 1 of 2
Phase 9: Gas (Except Task 9.4) $187,500
Phase 14: Airport (Task 14.5 only) (Only $23,000 authorized; remaining $23,000 subject $46,000
to appropriation)
Authorized Fee for FY 2602-03 $1,276,000
To Be Authorized - Amendment No. 2:FY2003-2004
Phase 7: Solid Waste (Tasks 7.4, 7.6, 7.8, 7.9 and 7.10) $120,000
Phase 8a. Process Analysis and Reinforcement $200,000
Phase 10: SCADA Integration and Field Unit Pilot $200,000
Phase 11: Broad Field Unit Deployment $200,000
Phase 12: Facilities Maintenance, Parks, and Health (Except Task 12.4) $187,500
Phase 12a. Process Analysis and Reinforcement $200,000
Phase 13: Streets (Except Task 13.4) $187,500
Phase 14: Airport (Except Task 14.5) $154,000
Phase 15: Police and Fire $200,000
Phase 16: Extension of Field Unit Program $200,000
Phase 16a. Process Analysis and Reinforcement $200,000
Phase 17: HCD, Museum, Library, Conv Cfr, MIS plus Fleet Interface $200,000
Maximum Future Fee $2,249,000
MAXIMUM TOTAL $4,325,000
Note: The contract provides a detailed breakdown of tasks for each phase totaling 26 pages.
Contract for Consulting Services
Computerized Maintenance Management System
Page 2 of 2
of
Corpus.
Chnsu