HomeMy WebLinkAboutAgenda Packet City Council - 10/29/2002CITY
COUNCIL
AGENDA
"Corpus Christi Celebrating 150 Years"
October 29, 2002
AGENDA
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD
OCTOBER 29, 2002
1:00 P.M.
PUBLIC NOTICE- THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE
PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL.
Members of the audience will be provided an opportunity to address the Council at approximately 5:30 p.m. or at the end
of the Council Meeting, whichever is eadier. Please speak into the microphone located at the podium and state your name
and address. Your presentation will be limited to three minutes, ff you have a petition or other information pertaining to your
subject, please present it to the City Secretary.
Si ud. Desea dirtgirse al Concilio y cree que su ingl~s es limitado, habr~ un int~rprete ingl~s-espa~ol 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 Deacon Peter Horseman, Our Lady Star of the Sea.
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 Pm Tem Javier D. Colmenero
Council Members:
Brent Chesney
Henry Garrett
Bill Kelly
Rex A. Kinnison
John Longoda
Jesse Noyola
Mark Scott
City Manager David R. Garcia
City Attorney James R. Bray, Jr.__
City Secretary Armando Chapa __
E. MINUTES:
1. Approval of Regular Meeting of October 22, 2002. (Attachment # 1)
Agenda
Regular Council Meeting
O~ober29,2002
Page 2
F. BOARDS & COMMITTEE APPOINTMENTS: (NONE)
G. EXPLANATION OF COUNCIL ACTION:
For administrative convenience, certain of the agenda items are listed
as motions, resolutions, or ordinances. If deemed appropriate, the City
Council will use a different method of adoption from the one listed; may
finally pass an ordinance by adopting it as an emergency measure
rather than a two reading ordinance; 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.
Nm
CONSENT AGENDA
Notice to the Public
The following items are of a routine or administrative nature. The Council has
been furnished with background and support material on each item, and/or it
has been discussed at a previous meeting. All items will be acted upon by one
vote without being discussed separately unless requested by a Council
Member or a citizen, in which event the item or items will immediately be
withdrawn for individual consideration in its normal sequence aflerthe items not
requirfng 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)
Ordinance authorizing the City Manager or his designee to
execute a Quit Claim Deed for the conveyance of a 20-foot wide
strip of land out of Lot 6, Section 19, Flour Bluff and Encinal Farm
and Garden Tracts to the Unitarian Universalist Church of Corpus
Christi. (Attachment # 2)
Ordinance authorizing the City Manager or his designee to
execute a Use Privilege Agreement with Island Foundation, Inc.
for the fight to construct and maintain a six-inch PVC casing with
a 3-inch force main that will extend approximately 95-feet across
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
October29,2002
Page 3
the Encantada Avenue Street right-of-way (ROW) and connecting
foundation facilities on each side of said right-of-way; establishing
a fee of $245. (Attachment # 3)
Motion authorizing the City Manager or his designee to execute
a one-year contract with Marsh USA, Inc. to obtain Crime
Insurance (Forms O, B, C and F) for an estimated annual
premium of $9,012, all in accordance with Request for Proposal
BI-0010-03. This one-year contract provides for three additional
one-year renewal options. (Attachment # 4)
Motion authorizing the City Manager or his designee to execute
a one-year Interlocal Agreement with Texas Municipal League
Intergovernmental Risk Pool to obtain property insurance for an
estimated annual premium of $794,205.33, all in accordance with
.Request for Proposal BI-0010-03. The one-year contract
provides for three additional one-year renewal options. The
following insurance coverages will be provided under the contract:
commercial property; windstorm, hurricane and hail; electronic
equipment; antenna equipment; boiler and machinery; flood; and
excess flood coverage. This amount includes individual flood
policies for specific properties brokered by Texas Municipal
League and insured through Omaha Property and Casualty.
(Attachment # 5)
Motion authorizing the City Manager or his designee to accept a
grant in the amount of $39,784 from the State of Texas, Criminal
Justice Division for continuation funding available under the
Violence Against Women Act (VAWA) Fund and to execute all
related documents. (Attachment # 6)
Ordinance appropriating $39,784 from the State of Texas,
Criminal Justice Division in the No. 1050 Federal/State Grants
Fund for continuation funding available under the Violence
Against Women Act (VAWA) Fund and appropriating $4,841 from
the No. 6010 Law Enforcement Trust Fund in the No. 1050
Federal/State Grants Fund as the grant match. (Attachment # 6)
Ordinance appropriating $881.48 in interest earnings from the
Unreserved Fund Balance in the No. 1050-820800 Law
Enforcement Block Grant 2000 and appropriating $1,940.31 in
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Me~ing
O~ober29,2002
Page 4
o
interest eamings from the Unreserved Fund Balance in the No.
1050-820801 Law Enforcement Block Grant 2001 Grant Fund for
purchase of law enforcement equipment. (Attachment # 7)
Resolution authorizing the City Manager or his designee to submit
a grant application in an amount up to $25,580 to the Texas
Department of Public Safety, Division of Emergency
Management, Hazardous Materials Emergency Preparedness
Grant Program, to fund: a) creation of a pipeline computer
database; b) update and improve current emergency operation
plans, c) create and disseminate public awareness brochures and
infomemials on pipeline safety and preparedness in the event of
a leak or spill, and d) enhance the Fire Department's website.
(Attachment # 8)
Resolution authorizing the City Manager or his designee to
execute an Intedocal Agreement with the Coastal Bend Council
of Governments in the amount of $45,000 for Household
Hazardous Waste Disposal costs. (Attachment # 9)
Ordinance appropriating $45,000 from the Coastal Bend Council
of Governments in the No. 1050 Federal/State Grants Fund for
Household Hazardous Waste Disposal costs. (Attachment # 9)
Resolution authorizing the City Manager or his designee to
execute an Intedocal Agreement with the Coastal Bend Council
of Governments in the amount of $10,000 for a Recycling Media/
Outreach Program. (Attachment # 9)
Ordinance appropriating $10,000 from the Coastal Bend Council
of Governments in the No. 1050 Federal/State Grants Fund for a
Recycling Media/Outreach Program. (Attachment # 9)
Resolution authorizing the City Manager or his designee to
execute an Intedocal Agreement with the Coastal Bend Council
of Governments in the amount of $10,000 for a Household
Hazardous Waste Media/Outreach Program. (Attachment # 9)
Ordinance appropriating $10,000 from the Coastal Bend Council
of Governments in the No. 1050 Federal/State Grants Fund for a
Household Hazardous Waste Media/Outreach Program.
(Attachment # 9)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
October29,2002
Page 5
9,go
eob.
9j.
10.a.
10.b.
11.
Resolution authorizing the City Manager or his designee to
execute an Interlocal Agreement with the Coastal Bend Council
of Governments in the amount of $5,000 to publicize and
increase participation in Stop Trashing Corpus Christi Community
Clean-Up events. (Attachment # 9)
Ordinance appropriating $5,000 from the Coastal Bend Council
of Governments in the No. 1050 Federal/State Grants Fund to
publicize and increase participation in Stop Trashing Corpus
Christi Community Clean-Up events. (Attachment # 9)
Resolution authorizing the City Manager or his designee to
execute an Interiocal Agreement with the Coastal Bend Council
of Govemments in the amount of $55,000 for the pumhase of a
brash loader. (Attachment # 9)
Ordinance appropriating $55,000 from the Coastal Bend Council
of Governments in the No. 1050 Federal/State Grants Fund for
the purchase of a brush loader. (Attachment # 9)
Motion authorizing the City Manager or his designee to accept a
renewal grant in the amount of $56,580 and execute a contract
with the Corporation for National and Community Service for the
continuation of the Senior Companion Program. (Attachment #
10)
Ordinance appropriating a renewal grant in the amount of
$56,580 from the Corporation for National and Community
Service in the No. 1050 Federal/State Grants Fund for the Senior
Companion Program. (Attachment # 10)
Ordinance amending the Code of Ordinances, Chapter 53 -
Traffic, Section 53-250, Schedule I, One-way Streets and Alleys,
Section (A-l) School Areas, by establishing a one-way traffic
pattern on the following street sections during the school hours for
George Evans Elementary School: (Attachment # )
Southbound one-way pattem on North Alameda Street
between Caldwell Street and Comanche Street; and
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
October29,2002
Page 6
12.
13.
14.a.
14.b.
15.
16.
Northbound one-way pattern on Sam Rankin Street
between Comanche Street and Caldwell Street; and
providing for penalties.
Ordinance authorizing the City Manager or his designee to
execute a short-term lease for a period not to exceed one year
between the City of Corpus Christi and the General Services
Administration (GSA), acting for the Transportation Security
Administration (TSA), for approximately 6,710 square feet of
rentable office space. (Attachment # 12)
Ordinance amending Section 9-37 of the Code of Ordinances
relating to the consumption of alcoholic beverages upon the
property of the Corpus Chdsti International Airport, to allow the
Director of Aviation to make exceptions for special occasions.
(Attachment # 13)
PUBLIC HEARINGS:
STREET RIGHT-OF-WAY:
Public hearing to consider vacating and abandoning a 26,054.28
square foot portion of a dedicated 40-foot wide undeveloped
public right-of-way within the proposed Victoria Park, Unit 7
Subdivision. (Attachment # 14)
Ordinance vacating and abandoning a 26,054.28 square foot
portion of a dedicated 40-foot wide undeveloped public right-of-
waywithin the proposed Victoda Park, Unit 7 Subdivision; subject
to compliance with the specified conditions and the owner re-
platting the property within 180 days at the owner's expense.
(Attachment # 14)
PRESENTATIONS:
Public comment will not be solicited on Presentation items.
Corpus Christi Beach Association's "Back to the Boardwalk"
Project Bdefing (Attachment # 15)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Crime Control and Prevention District Highlights (1997-2002)
(Attachment # 16)
Agenda
Regular Council Meeting
October 29, 2002
Page 7
17. Bond Issue 2000 Quarterly Report No. 6 (Attachment # 17)
18. Seawall, Sidewalk and Marina Bulkhead Project, Quarterly
Update (Attachment # 18)
REGULAR AGENDA
CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES:
19.a.
Motion authorizing the City Manager or his designee to execute
Amendment No. 8 in the amount of $2,214,900 with Shiner
Moseley and Associates, Inc. of Corpus Chdsti, Texas for the
Seawall Reconstruction Project B-2 (Part A and Part B).
(Attachment # 19)
19.b.
Motion authorizing the City Manager or his designee to execute
a geotechnical services contract in an amount not to exceed
$126,820 with Fugro South, Inc. of Corpus Chdsti, Texas for the
Seawall Reconstruction Project B-2. (Attachment# 19)
20.
Resolution authorizing the City Manager to submit a Statement of
Interest to the Texas Water Development Board for selection of
the City's proposed Texas Coastal Bend Desalination project as
the State's Large Scale Demonstration Seawater Desalination
project. (Attachment # 20)
21.
Ordinance by the City Council of the City of Corpus Chdsti, Texas
providing for the issuance of $31,490,000 City of Corpus Chdsti,
Texas Combination Tax and Municipal Hotel Occupancy Tax
Revenue Certificates of Obligation, Series 2002 and ordaining
other matters relating to the subject. (Attachment # 21)
22.
Motion granting a permit to Sabco Operating Company to ddll an
oil or gas well at an exceptional location, eastward of the Corpus
Chdsti Madna in Corpus Chdsti Bay, at State Tract 49 Well No.
7 and State Tract 60, Well No. 1. (Attachment # 22)
L. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS
NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT
APPROXIMATELY 6:30 P.M. OR AT THE END OF THE
COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
October 29, 2002
Page 8
23.
24.
LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN
TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD,
PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL
CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A
recording is made of the meeting; therefore, please speak into the microphone
located at the podium and state your name and address. If you have a petition
or other information pertaining to your subject, please present it to the City
Secretary.)
Si usted se dirige a la junta y cree que su ingk)s es limitado, habr~ un int~rprete
ingl&s-espa~ol en la reunion de la junta para ayudade.
PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF
PERSON, OR MEMBERS OF THE AUDIENCE SHALL
BERATE, EMBARRASS, ACCUSE, OR SHOW ANY
PERSONAL DISRESPECT FOR ANY MEMBER OF THE
STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY
COUNCIL MEETING. THIS POLICY IS NOT MEANT TO
RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS.
EXECUTIVE SESSION:
PUBLIC NOTICE is given that the City Council may elect to go into
executive session at any time during the meeting in order to discuss
any matters listed on the agenda, when authorized by the provisions of
the Open Meeting Act, Chapter 551 of the Texas Government Code,
and that the City Council specifically expects to go into executive
session on the following matters. In the event the Council elects to go
into executive session regarding an agenda item, the section or
sections of the Open Meetings Act authorizing the executive session
will be publicly announced by the presiding office.
Executive session pursuant to Texas Government Code Section
555.071 regarding Harold Lamar Thorne vs. Jesus Manuel
Charles and the City of Corpus Christi, Cause No.01-61527-1;
County Court at Law No.1, Nueces County, Texas, with possible
discussion and action related thereto in open session.
Executive session pursuant to Texas Government Code Section
551.071 regarding City of San Benito v. PG&E Gas Transmission,
Texas Corporation et al, No. 96-12-7404-A, 107t~ District Court,
Cameron County, Texas, and the remaining claim of the City of
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
O~ober29,2002
Page 9
Corpus Christi related thereto, and regarding similar claims of the
City of Corpus Christi against other similar entities, with possible
discussion and action related thereto in open session.
N. REPORTS:
The following reports include questions by Council to Staff regarding
City policies or activities; request by Council for information or reports
from Staff; reports of activities of individual Council members and Staff;
constituent concerns; current topics raised by media; follow-up on Staff
assignments; scheduling of future Council meetings and activities; and
other brief discussions regarding city-related matters.
25. CITY MANAGER'S REPORT
26.
27.
O.
NOTE:
* Bdefing on Emergency/Recovery Operations
* 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 3:30 p.m., October 25 ,2002.
City Secretary
The City Council Agenda can be found on the City's Home
Page at www,ci.corpus-christi.tx.us after 7:00 p.m. on the
Friday before regularly scheduled council meetings. If
technical problems occur, the agenda will be uploaded on
the Internet by Monday morning.
Symbols used to highlight action item that implement
council priority issues.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summa~J)
2001-2002
CiTY COUNCIL GOALS
AND
PRIORITY ISSUES
, ,~CONTINUING PRIORITY ISSUES
A~rport / Seawall / Convention Center / Arena
· Continue quarterly reporting process for these initiatives.
'86 Bond Issue Imurovements
Update status on Senior Centers.
Provide communication on completion of these projects (e.g. "Report to the Community").
· Continue community involvement on issues such as Leopard Street improvements.
Prtv#B~ation / Re-Emfineerin~
* Clearly define "privatiTafion" and '~-engineering."
Make decisionS regarding privatization and re-engineering in the next 12-24 months, with
discussions within 90 days.
. Establish process to identify what services can and cannot be privatized.
· Continue focus on park maintenance.
Finance
Maintain the 5-year forecast model,
Review the August 1 budget adoption deadline.
(~rime .~gntrol and Prevention
Continue implementation of the Commkll~ity Policing initiative.
Establish date for Crime Control and Prevention District election.
Continue City participation in Yo~ah Oppot'tunities 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
~co~0mic D~elonment Sales Tax
· Establish election date.
City staff wlll develop and present to City Council action/implementation plans for the following tnn'orlty
Desalination Pilot Project
*Code Enforcement in Trashy Neighborhoods
~ *Employee Classification Study
Ma stet Drainage Plan
Garwood Water
*New Golf Course
*Charter Revision with Specific Charge(s)
*More Funding for Economic Development
*Fire and Police Contracts
New Funding Sources / Plan for Inner City Improvements
Improve Permitting Process (online / customer service)
Padre Island Development Plan
Downtown / South Central Development Plan (marina, t-heads, breakwater)
Housing Emphasis / Process (older neighborhoods, working class neighborhoods)
-- **Road Projects
Southside Traffic Plan
Storm Water UtillW
· Reconsider implementation plan for a Storm Water Utility.
Pn~,ery Channel
· Continue quarterly reports on the progress of the TIF and Beach Restoration Project.
Landfill
· Continue to evaluate the efficiency and effectiveness of operations.
· Egamine alternatives for solid waste msnsgement system, incl~ng pfivatizafion.
Internet
· Continue regular updates and expansion of the City's web site, including individual council
member web pages.
· Establish target date for online permitting process.
· Communicate brush pickup via e-re.il.
· Continue active role.
F~o~ B,~nk Bu~din~
· Lease and complete renovation
~.nnexation Plan
Implement current island annexation plan
ADA Tr~nslfion Plsn
· Develop and approve ADA Transition Plan within 90 days.
Redistrictine
· Develop Council-approved re. districting plan for the City of Corpus Christi
Industrial District Contract
· Review Industrial District contracts and determine date for approval
COuncil Action Items
* Staff completes action requests in a timely manner.
City / Coutv Health Issues
· Continue discussions with County to determine structure and process for the most effective
and efficient delivery of health services
Marketin~ of CC Museum and Columbus Shim
· 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 Outters
Economic Development S!~mmit and P0st-SDmmit Meetin~
Agnes-Laredo Corridor Mm'ket (studies, plans)
*Solid waste / Pickup
Base Closures
**Northwest Library
No~l~side l~velopment Plan
Traflie Controls (channeling, studying on/off ramps on SPID)
*Five Points Ambulance
Effluent Plan for Leopard MedJan~
RTA--Publie Improvements
Arts and Sciences Park Plan
Budget Item
** Capital Improvement Program Item
1
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
October 22, 2002 - 1:20 p.m.
PRESENT
Mayor Samuel L. Neal Jr.
Mayor Pro Tem Javier D. Colmenero
Council Members:
Brent Chesney*
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
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
ABSENT
John Longoria
Mayor Neal called the meeting to order in the Council Chambers of CityHall. The invocation
was delivered by Rev. Anson Nash, Padre Island Baptist Church, and the Pledge of Allegiance to the
United States flag was led by Council Member Kelly. City Secretary Chapa called the roll and
verified that the necessary quorum of the Council and the required charter officers were present to
conduct the meeting. Mayor Neal called for approval of the minutes of the regular Council meeting
of October 8, 2002. A motion was made and passed to approve the minutes as presented. *Council
Member Chesney arrived at the meeting.
Mayor Neal referred to Item 2 and the following board appointments were made:
Ethics Commission Human Relations Commission
Michelle Thomas Erica Alatorre
Mayor Neal called for consideration of the consent agenda (Items 3-13). Council members
requested that Items 5, 6 and 11 be discussed. There were no comments from the audience. City
Secretary Chapa stated that Item 13 needed to be amended as follows: replace the words in the
caption "the Unreserved Balance" with the words "anticipated program income." Mr. Chesney made
a motion to amend Item 13 as stated by Mr. Chapa, seconded by Mr. Colmenero, and passed. Mr.
Chapa polled the Council for their votes and the following passed:
3. M2002-343.
Motion authorizing the City Manager or his designee to purchase a Digital Video Recording
System for a total cost of $31,889 from the Chubb Security Inc. of San Antonio, Texas, for
Minutes - Regular Council Meeting
October 22, 2002 - Page 2
the Corpus Christi Intemational Airport closed cimuit terminal system. Funds are available
in the Federal Aviation Administration Security Compensation Grant No. 3-48-0051-33-02.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent.
4. M2002-344
Motion authorizing the City Manager or his designee to execute an agreement with DataSeek
Corporation of San Antonio, Texas, to purchase Oracle 9i standard edition database software
based on the State of Texas Cooperative Purchasing Program for $54,929.97 and including
first year maintenance. The term of this contract will be for thirty-six months. This database
software will be used to support multiple enterprise-wide applications. Funds have been
budgeted in the Municipal Information Systems in FY2002-2003.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent.
7. M2002-347
Motion approving supply agreements with the following companies, for the following
amounts, for approximately 2,106 gas meters in accordance with Bid Invitation No. BI-0076-
02 based on low bid for an estimated annual expenditure of $116,703. The terms of the
contracts will be twelve months with options to extend for up to two additional twelve-month
periods subject to the approval of the supplier and the City Manager or his designee. These
meters will be used by the Gas Department. Funds have been budgeted by the Gas
Department in FY 2002-2003.
National Meter, Inc.
Lancaster. Ohio
Bid Item 1
$66,000
Actaris US Gas, Inc.
Owenton, Kentucky
Bid Items 2 and 3
$9,2O5
McGinnis Industrial Sales, Inc.
Houston. Texas
Bid Items 4, 5, 6 and 7
$41,498
Grand Total: $116,703
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent.
8.a. M2002-348.
Motion authorizing the City Manager or his designee to accept a grant from the Coastal Bend
Regional Advisory Council in the amount of $6,677.97 for the purchase of equipment,
supplies and services associated with networking the Corpus Christi Fire Department
Stations.
Minutes - Regular Council Meeting
October 22, 2002 - Page 3
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent.
8.b. ORDINANCE NO. 025046
Ordinance appropriating a grant in the amount of $6,677.97 from the Coastal Bend Regional
Advisory Council in the No. 1050 Federal/State Grants Fund to purchase equipment,
supplies, and services to network the Corpus Christi Fire Department Stations.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent.
9.a. M2002-349
Motion authorizing the City Manager or his designee to accept a modification to a grant from
the U.S. Bureau of Reclamation for an additional $5,000 for leak detection analysis of the
city's water distribution system.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent.
9.b. ORDINANCE NO. 025047
Ordinance appropriating $5,000 from the U.S. Bureau of Reclamation in the No. 1050
Federal/State Grants Fund to conduct a leak detection analysis of the city's water distribution
system.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garreft, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent.
10.a. M2002-350
Motion authorizing the City Manager or his designee to accept a grant in the mount of
$267,626 fi.om the U.S. Department of Justice, Bureau of Justice Assistance, for funding
eligible under the FY2002 Law Enfomement Block Grants program and to execute all related
documents.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent.
10.b. ORDINANCE NO. 025048
Ordinance appropriating $267,626 fi'om the U.S. Department of Justice, Bureau of Justice
Assistance in the No. 1050 Federal/State Grants Fund to purchase law enfomement
equipment for the Police Department; appropriating $29,736 from the Law Enforcement
Minutes - Regular Council Meeting
October 22, 2002 - Page 4
Trust account in the No. 1050 Federal/State Grants Fund as the grant match.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent.
12. RESOLUTION NO. 025049
Resolution amending Resolution No. 022938 to change the membership of the Community
Youth Development Advisory Committee fi.om 16 to 11 voting members, with two voting
positions filled by youth involved in the Youth Action Committee.
The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent.
13. ORDINANCE NO. 025050
Ordinance appropriating $225,377 fi.om anticipated program income in the No. 1050
Federal/State Grants Fund as State Fiscal Years 2001-2002 and 2002-2003 program income
to fund environmental, health, laboratory, and nursing services for the period of September
1, 2001 through August 31, 2003.
An emergency was declared and the foregoing ordinance passed, as amended, as follows:
Neal, C hesney, C olmenero, G arrett, Kelly, Kinnison, N oyola, and Scott voting "Aye";
Longoria absent.
Mayor Neal opened discussion on Item 5, purchase of two computer servers. Council
Member Noyola said that according to the agenda information, DataSeek can rebate $36,800 to the
city for the K and D systems that are currently installed, as long as they are returned to HP's
designated carrier within 90 days of shipment of the new systems. Mr. Ogilvie Gericke, MIS
Director, replied affirmatively. City Secretary Chapa polled the Council for their votes as follows:
5. M2002-345
Motion authorizing the City Manager or his designee to execute an agreement with DataSeek
Corporation of San Antonio, Texas, to lease-purchase two (2) I-IP rp7410 servers based on
the State o fTexas Cooperative Purchasing Program for $293,088.78 (including shipping and
handling). This price includes a rebate of $36,800 as trade up. To be eligible for this rebate,
the city must return the current servers within 90 days of shipment or the price will change
to $329,888.78. Financing will be provided through the City's agreement with Bank of
America and the term of the lease purchase will be thirty-six (36) months. The two servers
will be used as database and application servers to support multiple enterprise-wide
applications. Funds have been budgeted in Municipal Information Systems in FY2002-2003
and will be requested for all subsequent years.
Minutes - Regular Council Meeting
October 22, 2002 - Page 5
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent.
Mayor Neal opened discussion on Item 6, purchase of two custom-fabricated air handling
units. Council Member Noyola asked if the apparent low bidder, Temtrol (in care of Mechanical
Representative Inc. of San Antonio) was notified of the date when the equipment would be needed.
Mr. Michael Barrera, Procurement and General Services Manager, said when staff released this bid,
they asked the bidders to provide what their regular lead time and price would be and what an
expedited delivery time and price would be. He said staff has been trying to expedite the completion
of the One-Stop Development Center located at 2402 Leopard.
Mr. Noyola pointed out that there is a difference of $12,253 between Temtrol's bid and the
bid submitted by South Texas Equipment Inc. He said if stafflmew they needed the equipment on
or about November 25, 2002, they should have issued the bid invitations much sooner (rather than
in late September or early October).
City Manager Garcia said the design of this project has been very challenging; in fact, he said
he rejected the original plans and had them redesign it in order to lower the overall cost by about
$200,000. However, that resulted in a time constraint in ordering some of the key equipment.
Responding to a question from Mr. Noyola, Mr. Kevin Stowers, Assistant Director of Engineering
Services, said that if the equipment was instead purchased from Temtrol, it would delay the city's
ability to occupy the first floor of the building. City Secretary Chapa polled the Council as follows:
6. M2002-346
Motion approving the purchase of two (2) custom-fabricated air handling units (AHU) from
South Texas Equipment Inc. of San Antonio, Texas, in accordance with Bid Invitation No.
BI-0018-03, based on low bid meeting specifications for a total amount of $38,800. This
equipment is for the One-Stop Development Center located at 2402 Leopard. Funds have
been budgeted by the Engineering Department in FY2002-2003.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, and Scott voting "Aye"; Noyola voting '~io"; Longoria absent.
Mayor Neal opened discussion on Item 11, effluent diversion demonstration project.
Responding to Council Member Scott, Mr. Ed Garafia, Water Superintendent, explained that Item
11.a. has to do with ecological/biological monitoring and inspection monitoring of treated
wastewater diversions in the Nueces Delta and Nueces Bay, while Item 11.b. relates to ongoing
salinity monitoring in the Rincon Delta and Nueces Bay. He said the fifth year of the Allison
Wastewater Treatment Plant effluent diversion demonstration project ends in 2003. Assistant City
Manager Ron Massey said that at the end of the five-year period, the city will have to decide whether
Minutes - Regular Council Meeting
October 22, 2002 - Page 6
or not there is a benefit to continuing to discharge effluent in the estuary.
Mr. Massey said there are no guarantees that the city will get any relief fi.om the water release
requirements for continuing to do this. He said if the city intends to seek a modification of the
operating procedures, staff will discuss the results of the study with the Nueces Estuary Advisory
Committee, which would be the first step in raising the issue with the Texas Commission on
Environmental Quality (formerly the TNRCC).
Mr. Scott asked what was the goal of this study. Mr. Massey said that originally it had to do
with a plan involving the Broadway Wastewater Treatment Plant and a large amount of effluent that
would have been generated. However, due to the high cost of that project, the city will be taking a
different tack.
Mr. Scott said he hopes the effluent diversion project will have sufficient data to warrant the
city receiving credits fi.om the release requirements. Additional discussion ensued. Mr. Scott said
he is committed to conducting the fifth year of monitoring with the intention of taking that data and
seeking relief quickly. City Manager Garcia noted that effluent is also used to irrigate large land
areas, which reduces the amount of potable water needed. City Secretary Chapa polled the Council
for their votes as follows:
11.a. M2002-351
Motion authorizing the City Manager or his designee to execute Amendment No. 4 to the
contract for consulting services with the Center for Coastal Studies in the amount of $71,170
for ecological/biological monitoring of treated wastewater diversions in the Rincon Delta and
Nueces Bay.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longofia absent.
11.b. M2002-352
Motion authorizing the City Manager or his designee to execute Amendment No. 4 to the
contract for consulting services with the Conrad Blucher Institute in the amount of$110,370
for ongoing salinity monitoring in the Rincon Delta and Nueces Bay.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent.
Mayor Neal deviated fi'om the regular agenda and referred to Item 21, a presentation to Dr.
Richard Davis for 20 years of service to the City of Corpus Christi as the medical director for the
Corpus Christi Fire Department. Fire Chief J.J. Adame explained that when he first became chief,
Dr. Davis was already serving as the medical director and he provided a stabilizing presence. He said
Minutes - Regular Council Meeting
October 22, 2002 - Page 7
the City of Corpus Christi was one of the first fire departments in the country to place automatic
external defibrillators on every piece of fire equipment, which greatly enhanced the department's
emergency life support services. Chief Adame also introduced Dr. David Blanchard, the current
medical director.
The Fire Chief then presented Dr. Davis with a pen and pencil set and medical director
helmet. Dr. Davis expressed his appreciation for being able to work with the Council, city staff, and
particularly the directors and staffofthe Fire Department, including ChiefAdame and EMS Director
John Murray.
Mayor Neal then recessed the Council meeting to read the day's proclamations and to swear
in the newly appointed board, commission and committee members.
Upon reconvening the meeting, MayorNeal opened discussion on Item 14 regarding the One-
Stop Development Center. City Manager Gareia explained that Frost Bank, the owner of the
building, has given the city an allowance to finish the renovations to it. He said their intent is to
negotiate an increase of $508,880, which will take about 30 days to finalize the financing of it.
Mr. Stowers said that Item 14.b. is the proposed award of the construction contract to DS&S
Construction of Corpus Christi in the amount of $831,880, which will remodel the first floor
(including a great deal of air conditioning and electrical work) and allow for occupancy by January
15, 2003.
Council Member Kinnison said he wants to ensure that the city will replace this amount with
other funding within 45 days. Mr. Garcia said staffplans to repay the Unreserved Fund Balance with
a short-term loan from Frost Bank, that would then be rolled into the lease payments of the various
user departments. Council Member Scott said this project has been discussed for about 2½ years and
it includes a commitment that was made to the business community to facilitate the city's opemtiuns
with them. Mr. Garcia said the city's organizational changes cannot be fully realized until the
departments move into the One-Stop Center.
Council Member Garrett asked if the departments will be located on the same floor and Mr.
Garcia replied affumatively. He added that some adjustments may have to be made to the parking
area to ensure adequate customer parking. Mr. Garrett asked if this project will result in offices being
vacated in City Hall. Mr. Garcia said it will and he added that staff can review the plan that was
presented to the Council about two years ago, including changes affecting the Police and Fire
departments. Council Member Noyola asked about the definition of the word "intent" in the
ordinance. Mr. Garcia said the money will be reimbursed.
Mr. Kinnison made a motion to amend Item 14.a. to replace the words "with intent to
reimburse the No. 3160 City Hall Capital Improvement Program Fund" with the words ''with a
commitment to reimburse the No. 3160 City Hall Capital Improvement Program Fund by December
31, 2002." Mr. Noyola seconded the motion to amend and it passed (Longoria absent). There were
Minutes - Regular Council Meeting
October 22, 2002 - Page 8
no comments fi.om the audience. City Secretary Chapa polled the Council for their votes as follows:
14.a. ORDINANCE NO. 025051
Ordinance appropriating $508,880 fi.om the Unreserved Fund Balance of the No. 3160 City
Hall Capital Improvement Program Fund, transferring to and appropriating in the No. 5110
Maintenance Services Fund for the One-Stop Development Center, with a commitment to
reimburse the No. 3160 City Hall Capital Improvement Program Fund by December 31,
2002; amending Ordinance No. 024974 which adopted the FY2002-2003 Operating Budget
by increasing revenues and appropriations by $508,880 each; amending Ordinance No.
024730 which adopted the FY2001-2002 Capital Budget by increasing appropriations by
$508,880.
An emergency was declared and the foregoing ordinance passed, as amended, as follows:
Neal, Chesney, C olmenero, G arrett, Kelly, Kinnison, N oyola, and Scott voting "Aye";
Longoria absent.
14.b. M2002-353
Motion authorizing the City Manager or his designee to execute a construction contract with
DS&S Construction of Corpus Christi, Texas, in the amount of $831,880 for the One-Stop
Development Center project.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent.
Mayor Neal referred to Item 15, and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
15.
Case No. 0802-01, Ralph Diaz: A change of zoning fi.om an "R-lB" One-family Dwelling
District to an "1-2" Light Industrial District on Steele Addition, Block 6, Lots 55, 56, 57, and
58, located on the north side of Marguerite Street and 200 feet west of 21st Street.
City Secretary Chapa said the Planning Commission and staff recommended denial of the
"1-2" Light Industrial District, and in lieu, thereof, approval of an "R-lB" One-family Dwelling
District with a "SP" Special Permit. No one appeared in opposition to the zoning change. Mr. Scott
made a motion to close the public hearing, seconded by Mr. Colmenero, and passed. Mr. Chapa
polled the Council for their votes as follows:
ORDINANCE NO. 025052
Amending the Zoning Ordinance upon application by Ralph Diaz by changing the zoning
map in reference to Lots 55, 56, 57 and 58, Block 6, Steele Addition, (currently zoned "R-
Minutes - Regular Council Meeting
October 22, 2002 - Page 9
lB" One-family Dwelling District) by granting a Special Permit for a parking lot for eight
(8) heavy load vehicles, one (1) roll offequipment and parking for employee vehicles subject
to a site plan and ten (10) conditions; amending the Comprehensive Plan to account for any
deviations fi.om the existing Comprehensive Plan.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent.
Mayor Neal referred to Item 16, and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
16.
Case No. 0802-03, Yolanda Rodriguez: A change of zoning fi.om an "R-lB" One-family
Dwelling District to a "B-4" General Business District on Alameda Park Subdivision, Block
6, Lot 30, located on the east side of Everhart Rd., approximately 500 fl. south of Avalon St.
City Secretary Chapa said the Planning Commission and staff recommended denial of the
"B-4" General Business District, and in lieu thereof, approval ora "B-lA" Neighborhood Business
District. He added that the 20% role is in effect due to the amount of oppnsition to the request.
Mr. Michael Gunning, Planning Director, gave a presentation about the zoning request and
showed slides of the subject property and adjacent properties. He noted that the "B-lA" allows a
variety of uses that the applicant will be able to pursue in the future. The Mayor called for comments.
Ms. Yolanda Rodriguez said she was representing the property owner. She said they are
requesting a special permit which would modify the proposed use fi.om the tint/alarm/audio system
business to a used car and tint business, although that would not allow the business to be financially
feasible. She said if the special permit is not granted, they will accept the "B-lA" zoning.
Mr. J.E. O'Brien, 4130 Pompano, said he is opposed to the "B-4" zoning, adding that the "B-
lA" would be more restrictive.
A motion was made, seconded and passed to close the public heating. Mr. Chapa polled the
Council for their votes as follows:
ORDINANCE NO. 025053
Amending the Zoning Ordinance upon application by Yolanda Rodriguez by changing the
zoning map in reference to Lot 30, Block 6, Alameda Park Subdivision, fi.om "R-lB" One-
family Dwelling District to "B-lA" Neighborhood Business District; amending the
Comprehensive Plan to account for any deviations fi'om the existing Comprehensive Plan.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent.
Minutes - Regular Council Meeting
October 22, 2002 - Page 10
Mayor Neal referred to Item 17, and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
17.
Case No. 0802-04, MTM Northwest. Inc. & MTM Northwest, LTD.: A change of zoning
fi.om a "F-R" Farm-Rural District to a "B-4" General Business District on 6.308 acres out
of 9.808 acres, Nueces River Irrigation Park, west 1/3 of the east 3/4 of Lot 1, Section 2,
located approximately 550 feet south of Northwest Boulevard and 525 feet west of CR 69.
City Secretary Chapa said the Planning Commission and staffrecommended approval of the
"B-4" General Business District. No one appeared in opposition to the zoning change. Mr. Scott
made a motion to close the public hearing, seconded by Mr. Colmenero, and passed. Mr. Chapa
polled the Council for their votes as follows:
ORDINANCE NO. 025054
Amending the Zoning Ordinance upon application by MTM Northwest, Inc. and MTM
Northwest, LTD. by changing the zoning map in reference to 6.308 acres out of 9.808 acres
of the west 1/3 of the east 3/4 of Lot 1, Section 2, Nueces Irrigation Park, fi.om "F-R" Farm-
Rural District to "B-4" General Business District; amending the Comprehensive Plan to
account for any deviations from the existing Comprehensive Plan.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent.
Mayor Neal referred to Item 18, and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
18.
Case No. 0802-05, The Enclave Council of Co-owners Inc.: A change of zoning from a "R-
iB'' One-family Dwelling District to a "B-1" Neighborhood Business District on 0.07 acre
out of Gardendale No.1, Block 6, Lot 7-A, located 375 feet west of South Staples Street, 300
feet north of Cain Drive and 275 feet south of Bonner Drive.
City Secreta~ Chapa said the Planning Commission and staff recommended denial of the
"B-l" Neighborhood Business District, and in lieu thereof, approval of a "R-lB" One-family
Dwelling District with a "SP" Special Permit for a parking lot. Mayor Neal asked if the applicant
was in favor of this recommendation, and he replied affirmatively. No one appeared in opposition
to the zoning change. Mr. Scott made a motion to close the public hearing, seconded by Mr. Noyola,
and passed. Mr. Chapa polled the Council for their votes as follows:
ORDINANCE NO. 025055
Amending the Zoning Ordinance upon application by The Enclave Council of Co-owners,
Inc., by changing the zoning map in reference to 0.07 acre out of Lot 7-A, Block 6,
Minutes - Regular Council Meeting
October 22, 2002 - Page 11
Gardendale No. 1 Subdivision (currently zoned "R-lB" One-family Dwelling District) by
granting a Special Permit for an unenclosed parking lot subject to a site plan and five (5)
conditions; amending the Comprehensive Plan to account for any deviations from the
existing Comprehensive Plan.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent.
Mayor Neal referred to Item 19, a public hearing on the Brookdale street improvements from
Gollihar Road to Sunnybrook Road and Whiting Drive sidewalk improvements from Churchill Drive
to Lanier Drive. Mr. Angel Escobar, Director of Engineering Services, explained that this project is
part of the Bond Issue 2000 approved by the voters. He said a petition for Brookdale Drive was
submitted to the city on September 7, 1988; the Whiting Drive sidewalk petition was submitted on
October 11, 1990. He said bids have been received for the combined project and an assessment roll
has been prepared. He said several citizens have said they thought the sidewalk improvements would
be paid for completely by the bond issue without assessments to the property owners. Mr. Escobar
said an error was made to one assessment and the property owner (listed as Valdemar Cavazos) is
responsible for $100.00 rather than $280.00.
A motion was made, seconded and passed to open the public heating on Item 19 and the
Mayor called for public comment.
Mrs. Beatrice Cavazos, 1701 Whiting Dr., said she is the property owner referred to by Mr.
Escobar whose comer lot had the wrong assessment amount. She said she is concerned because this
project will repair the sidewalk on the side of her house but the front sidewalk along Churchill is in
much more need of repair because it is used by students at Travis Elementary. She said the sidewalk
along Churchill has sunk and gets full of water when it rains. Mr. Escobar said the Churchill
sidewalk is not included in this project and if Mr. and Mrs. Cavazos want to include it, they will have
to pay $942.65.
Responding to Council Member Noyola, Mr. Escobar said Brookdale and Whiting are part
of the Bond Issue 2000 neighborhood assessment programs. He said Churchill was not included
because the city had not received a petition for it from the property owners.
In reply to Council Member Colmenero, Mr. Escobar said the city's ordinance requires that
$1 per square foot of sidewalk be assessed to the property owner, although the actual construction
cost is more. He said on a comer lot, the sidewalk on the side of the house is 50 cents per square
foot. He added that the assessment fee can be paid in installments over five years. He said if it is not
paid, a lien will be placed on the house for that amount.
Council Member Scott said that sidewalks are the property owner's responsibility. Mrs.
Cavazos objected to her assessment and Mayor Neal pointed out that her assessment amount was
being corrected from $280 to $100. Mrs. Cavazos asked what would be required to include the
Minutes - Regular Council Meeting
October 22, 2002 - Page 12
Churchill sidewalk. Mr. Escobar said it can be added at the property owners' expense or an
assessment petition can be made as a future project.
Ms. Janet Thompson, 4621 Brookdale, said she was appearing on behalf of her mother, who
lives on Brookdale. She said the Brookdale petition was signed in 1988 and over 50% of the
petitioners no longer live on that street. She said her mother is 71 years old and her assessment
amount is over $2,500. She said if she cannot pay, a lien will be placed on her house and if she lives
another 20 years, the city will take her house away fi.om her.
Mr. Scott asked Ms. Thompson if she is suggesting that the project not be done. She replied
that she is fairly sure most of the people did not know they were going to have to pay for the street
improvements-they assumed the city would pay for them through the bond election.
Mr. Escobar read fi.om the Brookdale petition, which states in part, "We understand that we
will be assessed on the basis of the actual construction bid price and following the fi.ont-foot
assessment policy." He said the petition includes sections regarding pavement, curb and gutter, and
sidewalks/driveways. He said it also states that "it is understood that this petition will be accepted
only if the tree property owners and property fi.onting on the requested improvements support the
project by meeting one of the following criteria," which include that over 50% of the property
owners have signed; owners of over 50% of the total fi-ontage or over 50% of the property owners
within the subdivision which this street is part of; in either event, the petition should be signed by
all the owners who represent this property as homestead property. Council Member Chesney asked
how much interest the city charges for people who opt to pay the assessment out over time. Mr.
Escobar said it is 8% interest.
Ms. Thompson questioned the legalityofthe ofiginalpetition and she said she has considered
circulating her own petition to stop the project.
Mr. Guadalupe Guerra said his assessment is about $3,000 which he said he cannot pay
because he is a 75-year-old disabled veteran. He said his wife, 72, is also disabled.
Mr. Robert Castro, 4617 Brookdale, said he moved to that house about three years ago and
about a year ago some students fi.om Moody High School were conducting a survey about street
improvements that would be paid for by the state. Mr. Noyola said the Moody students were
referring to Community Development Block Grant (CDBG) funds but this project was part of the
Bond Issue 2000. Mr. Castro said he did not sign the 1988 petition because he did not live there and
he would rather not improve the street if it is going to cost him that much.
A citizen said he lives at 4649 Brookdale. He said he thinks this is a good project but many
of the residents cannot afford the assessment because they are elderly.
Upon confirmation by Mr. Escobar, Council Member Kelly reiterated to Mrs. Cavazos that
her assessment will be changed and the city does not have the funds at this time to repair the
sidewalk in front of her house facing Churchill.
Minutes - Regular Council Meeting
October 22, 2002 - Page 13
Responding to a question from Mr. Kelly, Ms. Mary Frances Teniente, of Engineering
Services, said the ordinance stipulates that only CDBG-funded projects qualify for the grant element
that pays offthe assessments. Mr. Kelly asked if the CDBG program can be expanded to address
situations like this. Mr. Escobar said staffwill provide a response. Mr. Kelly said he is not surprised
that many of the people who may have signed the petition in 1988 no longer live in the neighborhood
or may no longer be living.
Mrs. Aurora Garcia, 4641 Brookdale, said that she and her husband cannot afford to pay their
assessment of $3,857.98 for their two lots.
Mr. Kelly asked about the total number of lots affected. Mayor Neal said the total assessment
amount is $77,685.74. Mr. Escobar said there are 78 lots for the Brookdale and Whiting projects.
Mr. Garrett made a motion to close the public hearing, seconded by Mr. Kelly, and passed.
Responding to Council Member Colmenem, Mr. Escobar said staffcould determine if this
project is located in a CDBG-eligible area to see if it can be included in the next round of CDBG
funding. Ms. Mary Dominguez, Housing and Community Development Director, said staff can
evaluate this project. Mr. Colmenero said he is aware that the sidewalks in the Whiting area are
sunken, including the one in front of Mrs. Cavazos' house.
City Manager Garcia said that 30% to 40% of the property owners were opposed to these
projects from the beginning. Consequently, he said if the Council is thinking of repolling the
neighbors, they may end up with the same amount of opposition.
Council Member Chesney said this contract is for $617,998.20 and he asked if that amount
can be changed. Mr. Escobar said that a change order can be issued once the contract is awarded but
the assessments will still exist. Mr. Chesney commented that it is very difficult to obtain CDBG
funds and if this project is not constructed at this time, there is no guarantee that it ever will be.
Responding to a question from Mr. Chesney, City Attorney Bray said if there was a project that
failed and there was money left over, it could be used for other capital street purposes.
Mr. Noyola said this is what happens when these projects are delayed so long. He said there
are many people who cannot afford this expense and he questioned whether the neighbors can be
repolled to determine if they want this project. Responding to Mr. Scott, Mr. Escobar said the
citizens initiated these petitions. Mr. Scott said he thought the city had an obligation to the original
petitioners and if the neighbors wished to stop the project, they should take that initiative.
Mayor Neal asked about the legal aspects of this issue. Mr. Bray said the Council could delay
this item in order to receive a full staff report. He said the petition process is not mandatory but it
is a long-standing city policy. He said the special assessment of the neighborhood is based on the
idea that the improvements will increase the property values by at least the amount of the assessment.
If the assessments are not made, he said the choice is to find additional revenues to construct the
project as it is designed or to scale back the project. Mr. Garcia pointed out that this is a very large,
expensive project for the city and the assessments constitute only 12% of the total cost.
Minutes - Regular Council Meeting
October 22, 2002 - Page 14
Mayor Neal pointed out that a few months ago the Council identified about $99.5 million of
street work in the FY2002-03 capital improvement budget and $7 million of major street work in
FY2003-04, none of which is to be funded through the CDBG. He said ifBmokdale Drive is never
improved, the residents there will have decreased property values for living on an improved street
that also has no underground drainage, curbs, gutters or sidewalks. The Mayor then reviewed the
three ways that street projects are fimded.
Responding to Mr. Kelly, Mr. Bray said the city cannot foreclose upon a homestead property.
He said the lien would be collected in the future if the property is sold or the estate transfers.
However, there is an exception if improvements are made to the home at the owner's request. In
reply to Mr. Colmenero, Mr. Escobar said his department can work with the property owners on
payment plans for their assessments.
The Mayor said the city will not go out and recertify the street improvement petition. Mr.
Bray said staff has not encountered this situation previously but the Council has the authority to
proceed regardless. Mayor Neal asked if staffhas met with the residents regarding this project, and
Mr. Escobar said there was a meeting on June 20, 2002. Mr. Massey said he attended that meeting
and there were no objections expressed about the project going forward.
Mr. Garrett asked if the prescribed process has been followed with this project. Mr. Escobar
replied affirmatively. Mr. Garcia pointed out that there has never been unanimity to construct these
improvements. Mr. Garrett said he would not support delaying the project. Mr. Chapa polled the
Council for their votes as follows:
19.b. ORDINANCE NO. 025056
Ordinance closing the public hearing on proposed assessments for improvements to the
following highways in Corpus Christi, Nueces County, Texas: Brookdale street
improvements from Gollihar Road to Sunnybrook Road; and Whiting Street sidewalk
improvements fi.om Churchill Drive to Lanier Drive; imposing assessments totaling
$77,685.74 against property abutting the improvements, affected railways, and property and
railway owners; fixing corresponding liens on property and charges against property owners;
providing for subsequent adjustment of assessment amounts and the corresponding liens and
charges based on as-built conditions; specifying assessment payment terms and lien
enfomement measures.
An emergency was declared and the foregoing ordinance passed: Neal, Chesney, Garrett,
Kelly, Kinnison, Noyola, and Scott voting "Aye"; Colmenem voting "No"; Longoria absent.
19.c. M2002-354
Motion authorizing the City Manager or the designee to execute a construction contract in
the amount of $617,998.20 with Garrett Construction Company, of Ingleside, Texas, for the
following: Brookdale street improvements from Gollthar Road to Sunnybmok Road; and
Whiting street sidewalk improvements fi.om Churchill Drive to Lanier Drive.
Minutes - Regular Council Meeting
October 22, 2002 - Page 15
The foregoing motionpassedbythe followingvote: Neal, Chesney, Garrett, Kelly, Kinnison,
Noyola, and Scott voting "Aye"; Colmenero voting '2qo"; Longoria absent.
Mayor Neal referred to Item 20, and a motion was made, seconded and passed to open the
public hearing on proposed assessments for improvements to Annaville Road from Violet Road to
Starlite Lane. He then called for public comment.
Mr. Dan McDonald, 11127 Annaville Road, said that street does not need to be improved
and doing so will not increase the property values of those homes. He said the approximately $1
million that the city will spend on the project can be used for other street projects. He added that the
Mayfield street improvements were a waste of money because it is not being maintained.
Mayor Neal and Council Member Kelly asked how this project was initiated. Ms. Teniente
explained that a letter dated March 18, 1987 to the city's voluntary pavement assessor from Ms.
Kelly Beyerly on Annaville Road stated that an additional three signatures were needed for the
required majority. She said there is a 1992 memorandum on file stating that Annaville Road from
Violet Road to Starlite Lane is a qualified petition. She said city staff never found the original
petition but there was a letter in July 2000 to Mr. Carlos Chapa of Annaville Road asking him to
acquire the additional signatures. She said it was returned with 21 property owners in favor and six
opposed. Mr. Escobar said a meeting was held on June 27, 2002 during which several residents
expressed support for the project.
Mr. Kelly made a motion to close the public heating, seconded by Mr. Chesney, and passed.
Mayor Neal referred to the preliminary assessment roll in the agenda material, which totals
$101,144.31. Mr. Chapa polled the Council for their votes as follows:
20.b. ORDINANCE NO. 025057
Ordinance closing the public hearing on proposed assessments for improvements to the
following highway in Corpus Christi, Nueces County, Texas: Annaville Road street
improvements f~om Violet Road to Starlite Lane; imposing assessments totaling $101,144.31
against property abutting the improvements, affected railways, and property and railway
owners; fixing corresponding liens on property and charges against property owners;
providing for subsequent adjustment of assessment amounts and the corresponding liens and
charges based on as-built conditions; specifying assessment payment terms and lien
enforcement measures.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Colmenero and Longoria absent.
20.c. M2002-355
Motion authorizing the City Manager or the designee to execute a construction contract in
Minutes - Regular Council Meeting
October 22, 2002 - Page 16
the amount of $1,090,531.35 with W. T. Young Construction, of Corpus Christi, Texas, for
the Annaville Road street improvements fi.om Violet Road to Starlite Lane.
The foregoing motion passed by the following vote: Neal, Chesney, Garrett, Kelly, Kinnison,
Noyola, and Scott voting "Aye"; Colmenero and Longoria absent.
Mayor Neal referred to Item 22 regarding the new Corpus Christi International Airport
terminal opening. Mr. Frank"Rocco" Montesano, a member of the Airport Board, said that Mr. Jerry
Kane, the chairman, could not be present due to illness. Mr. Montesano said a ribbon-cutting
ceremony will be held on November 1, 2002; the public is invited to attend an open house on
November 2 fi.om 10 a.m.-2 p.m.; and the terminal will be open to air traffic on November 3. Mr.
Montesano commended Mr. Dave Hamrick, Aviation Director, the staffand the contractor for their
efforts. He said the airport is state-of-the-art and citizens will be very proud of it.
Mr. Glenn Lyons, another member of the Airport Board, said that as a new board member
he is impressed with the other members' passion for the airport. He said the new airport is a beautiful
structure which incorporates accessibility issues. City Manager Garcia said that Sen. Kay Bailey
Hutchison will attend the November 1 dedication.
Council Member Scott asked about including regional officials in the dedication and Mr.
Garcia said that staff is contacting them now. Responding to another question fi.om Mr. Scott, Mr.
Hamrick said the Whataburger restaurant will be accessible both before and at, er the security
checkpoint and the Chili's will be accessible after the checkpoint. Mr. Scott suggested that a portion
of the revenue fi.om the wells around the airport be used to fund a study to increase the airport's
utilization.
In response to Council Member Garrett, Mr. Hamrick said that while the new terminal will
be open for flights beginning November 3, there is an additional eight months worth of construction
work to be done-mostly behind the scenes-that will not impact the traveling public other than the
road work that will be completed. Council Member Chesney also conunended those involved.
The next presentation (Item 23) was regarding the city's substandard structure process
through the Code Enfomement Division of Housing and Community Development. Assistant City
Manager Margie Rose explained that in accordance with the Texas Local Government Code, the city
has the authority to protect the health, life, property and security of its inhabitants.
In addition, Sec. 13-24(c) of the city's Code of Ordinances states: "If a building, premises
or property is unoccupied, vacant or otherwise uninhabited by humans, but which is otherwise open
and may be entered by derelicts, vagrants or children, the official shall have the same power of
inspection as aforementioned, including the right of inspection without requesting permission of the
owner or other person in charge, and if found to be in violation of this code, may placard it so as to
Minutes - Regular Council Meeting
October 22, 2002 - Page 17
prevent any occupancy of the building, premises or property for human use or habitation or any other
use." Ms. Rose said that properties that need to be secured are identified through citizen complaints,
property advisor field inspections, and reports provided by directed patrol officers.
Once it is determined that a property needs to be boarded up, one of the following actions
is taken: Code Enforcement requests outside contractors to bid on the property and the successful
bidder then boards up the property, which takes about two days. Ms. Rose said that if vagrants tear
the boards off, the city asks the contractor to reboard for an additional charge, which takes another
two days. She said if there is criminal activity involving the structure, the Community Supervision
and Corrections Department boards up the house and the only cost is for the plywood.
Ms. Rose said that once each structure has been boarded up, Code Enforcement staff initiate
a substandard building case in an effort to get the owner to make the necessary repairs. During this
process, they take the following steps: submit a certified letter to the property owner informing him
that his property is in violation of a city ordinance, whereby the owner has 30 days to contact Code
Enfomement and repair the structure. A copy of the required repairs is attached to the letter.
If the owner fails to comply within the allotted time, the case is forwarded to the Building
Standards Board (BSB) which, through a public hearing, can order the property owner found to be
in violation to make the necessary repairs or, in some cases, the board can order that the substandard
structure be demolished based on an assessment survey performed by a property advisor.
Ms. Rose said if the property owner fails to comply with the BSB's order, the city can take
any one of the following actions: the city can demolish the structure and remove the debris (a lien
for the cost of that work will then be filed and it may or may not be collected at a future date); or the
city can file charges in Municipal Court against the property owner.
The Assistant City Manager said the city provides the following funding for board-up and
demolition services: General Fund, $120,000 (includes mowing properties throughout the city);
Crime Control District, $17,000 (board-up only); Community Development Block Grant (CDBG),
$215,700, (board up and demolition in CDBG-eligible areas only); and Weed and Seed grant,
$25,000 (board up of properties in CDBG-eligible areas only), for a total of $377,700. In addition,
the Neighborhood Visions program and the U.S. National Guard annually remove substandard
structures where criminal activity has been reported. The only expense incurred by the city is the cost
of asbestos inspection. Known as "Operation Clean Sweep," that program demolished 22 homes
during the most recent campaign. Ms. Rose said that while this process works, additional funding
is necessary. During the FY2003-04 budget process, staff intends to discuss alternatives to increase
the program's funding.
Mayor Neal asked why the old Nueces County Courthouse is not properly boarded up. Mr.
John Kendall, Code Enfomement Administrator, said the courthouse is under the county's control
as well as possibly the Durrill Foundation. He said the city does not have the funding to board up that
structure. The Mayor emphasized that the old courthouse looks very bad and he asked how the city
can get them to comply with the city's regulations. Ms. Rose said staff can submit a letter to the
county. City Attorney Bray said staffneeds to provide the Council with a report.
Minutes - Regular Council Meeting
October 22, 2002 - Page 18
Council Member Chesney said that Operation Clean Sweep is an outstanding program and
he asked how many houses have been demolished since its inception. Mayor Neal said over nine
years there have been over 125 houses brought down and the debris removed. Council Member
Colmenero asked what can be done to enhance mowing activities. Ms. Rose said staffis reviewing
that process and investigating how other communities address it throughout the year.
Council Member Kelly asked if there are any statistics about the impact on criminal activity
in the areas where houses have been boarded up. Police Cmdr. Bryan Smith, Crime Control District
Coordinator, said the directed patrol officers have been working closely with Code Enforcement
officers to target those properties that have the highest impact on crime and quality of life in those
neighborhoods. He said the police have seen a significant reduction in calls for service in
traditionally high-crime areas where houses are boarded up. He said the quality of life cannot be
gauged based on any crime statistics but it can be seen by the neighbors and officers.
Council Member Garrett asked on whose authority a home is boarded up. Cmdr. Smith said
the police work with Code Enforcement to ensure that all the legal mandates are met. Mr. Garrett
asked if there are any reports of criminal activity in or around the old courthouse. Cmdr. Smith said
that over the years there has been criminal activity. Mr. Garrett asked if that facility is exempt from
the city's Code Enforcement Division and Mayor Neal replied that it is not. Mr. Garcia said staff can
bring the Council information about boarding up the old courthouse. Responding to Council Member
Noyola, Mr. Kendall reiterated the process that is followed by staff regarding mowing and code
enforcement issues. Mr. Noyola reported problems around Greenwood Drive.
24.
25.
26.
27.
Mayor Neal announced the executive sessions, which were listed on the agenda as follows:
Executive session pursuant to Texas Government Code Section 551.071 regarding City of
San Benito v. PG&E Gas Transmission, Texas Corporation et. al, No. 96-12-7404-A, 107th
District Court, Cameron County, Texas, and the remaining claim of the City of Corpus
Christi related thereto, and regarding similar claims of the City of Corpus Christi against
other similar entities, with possible discussion and action related thereto in open session.
Executive session pursuant to Texas Government Code Sections 551.071,551.072, and
551.087 regarding acquisition and development of a site for a minor league baseball stadium
in the Arena/Convention Center/Port of Corpus Christi area, location of a professional
baseball franchise in the facility, and possible real estate agreements with the Port of Corpus
Christi Authority and RSR Sports implementing the stadium, with possible discussion and
action related thereto in open session.
Executive session pursuant to Texas Government Code Section 551.071 regarding James
Skrobarcek v. City of Corpus Christi, No. 024974-F, 214th District Court, Nueces County,
Texas, with possible discussion and action related thereto in open session.
Executive session pursuant to Texas Government Code Section 551.071 regarding United
States of America, Federal Energy Regulatory Commission, Application for Preliminary
Permit, Project No. 12250-000, Wesley E. Scale Dam Hydroelectric Project, with possible
discussion and action related thereto in open session.
Minutes - Regular Council Meeting
October 22, 2002 - Page 19
The Council went into executive session. The Council returned fi.om executive session.
Mayor Neal called for petitions from the audience and there were none. He then called for the City
Manager's report. Mr. Garcia said staffis scheduling a ground breaking ceremony for the convention
center renovation for November 3, 2002. He said they received the bids for the arena construction
and they are very close so it will take some time to work that issue out. He also reviewed items
scheduled for the October 29 Council meeting beginning at 2 p.m. He noted that the remaining
meetings in 2002 are November 12 and 19 and December 10 and 17. Mayor Neal called for Council
concerns and reports.
Mr. Garrett asked about the status of the fire station and the parking lot on Mustang Island.
Mr. Garcia replied that the foundation has been poured for the fire station and they are beginning
work on the structure itself but it is behind schedule. He said the parking lot is a challenge but staff
is looking at ways to expand it to provide more parking for the existing station. Mr. Dan Whitworth,
Director of Park and Recreation, said they have not yet identified the funding to design and build a
permanent lot, although they have secured material that will be needed for the sub-base.
Mr. Scott said he has received complaints about parks equipment being parked on that lot.
Mr. Whitworth said the equipment is being parked there temporarily until the fire station is
completed. He said there is probably some servicing of equipment being done on the site but no oil
is being released there. Mr. Scott also asked for a presentation on the boardwalk project on North
Beach and he asked if the Corpus Christi Zoo signs can be removed fi.om the local highways. Mr.
Garcia said staff will follow up on that.
Mr. Scott announced the Pope Park project dedication this weekend and he commented on
the Pharaoh Valley project. Mr. Whitworth said staff has committed to install the playground
equipment that the neighborhood association has purchased. Mr. Scott complimented staff for the
city's bond rating. He also discussed ways that Corpus Christi is continually moving forward and
he said he hopes citizens will make positive decisions in the next two weeks.
Mr. Chesney said there will be a follow-up meeting for the Friends of the Park on November
6 and a town hall meeting for District 2 will be held on November 4 at Crockett Elementary. He
encouraged citizens to look for their names on the state comptrollers list of unclaimed funds and he
requested continued updates on the parking lot situation on the island. He said Ms. Pohle had some
questions about the landscape ordinance and Ms. Noyes has also raised concerns that need to be
addressed. He also referred to the letter sent to Blanca Garcia, Ph.D., R.N., and he said the Pope Park
project is an example of what can be done with residents' support.
Mr. Scott announced town hall meetings on October 23 at Ethel Eyerly Senior Center and
on October 28 at Robert Wilson Elementary. Mr. Kelly said he had received a call about the meter
reading process, which Mr. Massey explained. He said if a meter is not read, the usage is estimated
over a three-month period during the same time flame of the previous year; consequently, it is not
arbitrarily set bythe meter reader.
Mr. Noyola also referred to the letter to Dr. Garcia and he asked if staff has met with the
wrecker company representatives, in particular four companies. Mr. Garcia said staff has had several
Minutes - Regular Council Meeting
October 22, 2002 - Page 20
meetings and they will be happy to meet with them again. He added that the wrecker companies will
never be in total agreement with the city's ordinance.
Mr. Colmenero complimented the Convention and Visitors Bureau stafffor their presentation
during the joint meeting earlier that day. He also commented on the Brawner Parkway road
conditions and the legislative agenda. Mr. Kinnison asked staff to bring forward the action on the
Rodd Field Improvement District in earlyNovember and he asked if the October 29 Council meeting
can start earlier than 2 p.m. Mayor Neal said they can start at 1 p.m.
Mayor Neal announced the visit by several officials from Yokosuka, Japan, as part of the 40~
anniversary of the Sister City relationship. There being no further business to come before the
Council, Mayor Neal adjourned the Council meeting at 6:02 p.m. on October 22, 2002.
2
AGENDA MEMORANDUM
October 29, 2002
SUBJECT: Execution of Quitclaim Deed
Flour Bluff and Encinal Farm and Garden Tracts, Section 19, Lot 6
AGENDA ITEM: Ordinance authorizing the City Manager, or his designee, to execute
a Quit Claim Deed for the conveyance of a 20 foot wide strip of land out of Lot 6,
Section 19, Flour Bluff and Encinal Farm and Garden Tracts to the Unitarian
Universalist Church of Corpus Christi; and declaring an emergency.
ISSUE: The Unitarian Universalist Chumh wishes to correct an error made on an old plat
by having the City quitclaim an interest given in property owned by the Church.
REQUIRED COUNCIL ACTION: City Charter requires City Council approval for
conveyance of an interest in real property.
FUNDS: No funding required.
RECOMMENDATION: Approval of the ordinance as presented.
Ar'~elfR. Escobar, P.E. "
Director of Engineering Services
Attachments:
Exhibit A. Background Information
Exhibit B. Vicinity map
Exhibit C. Parcel map
\~ENGINEERING\DATAI\HOME\EUSEBIOG\GEN~Agenda Items\Universalist Church~Agenda memo.doc
BACKGROUNDINFORMATION
SUBJECT: Execution of Quitclaim Deed
Flour Bluff and Encinal Farm and Garden Tracts, Section 19, Lot 6
PRIOR COUNCIL ACTION: None
FUTURE COUNCIL ACTION: None
OVERVIEW: The Unitarian Universalist Chumh, through Pyle and Associates, has
requested a quitclaim deed be executed by the City to correct graphical and dimensional
errors shown on the map of Sunshine Acres, Volume 11, page 6, MRNCT, which is a
subdivision of Lots 5 and 6 and the east % of Lots 11 and 12, Section 19, Flour Bluff and
Encinal Farm and Garden Tracts. A map showing the vicinity and location of the subject
area is attached as Exhibit B.
With respect to orientation, there is an apparent scrivener error showing a wrong bearing
for the southeast boundary line of Sunshine Acres. This error mistakenly gives the City an
extra twenty feet of interest in the Church property adjacent to Holly Road. This twenty feet
wide strip is shown on an attached survey map as Exhibit C. The error was discovered by
Pyle and Associates as a result of survey work done on behalf of the Chumh. This also has
created a "cloud" on the title held by the Church. The Church is requesting the execution
of the quitclaim deed to clear up this "cloud" on their title so they may continue with their
planned initiatives.
H:\HOME\EUSEOIOG\GENV~genda Items\Universalist Church\Background.doc
EXHIBIT A
VICINITY l~4P
NOT TO SCALE
EXHIBIT B ,
20' WIDE STRIP OF LAND OUT OF LOT 6, CITY COUNCIL EXHIBIT ~
SECTION 19, FLOUR BLUFF & ENCINAL FARM DEPARTMENT OF ENGINEERING SERVICES
& GARDEN TRACTS PAGE: I of 1
CITY OF CORPUS CHRISTI, TEXAS DATE: 10-23-2002 ~
FLOUR BLUFF
LOT R9
LINE--
LOT 4
FL 0 UR
LOT 28
SECTION 18
ENCINAL FARM
VOL. A, ,oCS 41-4.5, M R.N. C 7~
__(ABANDONED)
JOPLIN LANE
GARDEN
LOT 27
POINT
60'52'55" E 620.00"
N 60'52'55" W 650.00'
'4' AREA=O. 268 AC
% (f2,550.00 S.F)
LOT 5 ~ 6o'
SECTION 19
BLUFF & ENC[NAL FARM &
, v VOL. A, PCS. 41-4,3, M. kNCT.
JOB NO 2042 027 4f
LOT 6
GARDEN
POINT :
WITH
STAMPED ~RPLS 4700"
TRA UTS
LOT 26
LOT 7
TRA UTS
DETAIL A
MAP TO ACCOMPANY METES AND
BOUNDS DESCRIPTION
OF
A 20.00 FOOT WIDE STRIP OF LAND OUT
OF LOT 6, SEC~70N 19, FLOUR BLUFF &
ENC/NAL FARM & GARDEN TRACTS, A
MAP OF WHICH IS RECORDED IN VOLUME
"A", PAGES 41-4J, OF THE MAP
RECORDS OF NUECES COUND~, TEXAS.
EXHIBIT C
AN ORDINANCE
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE A QUIT CLAIM DEED FOR THE CONVEYANCE OF
A 20 FOOT WIDE STRIP OF LAND OUT OF LOT 6, SECTION
19, FLOUR BLUFF AND ENCINAL FARM AND GARDEN
TRACTS TO THE UNITARIAN UNIVERSALIST CHURCH OF
CORPUS CHRISTI; AND DECLARING AN EMERGENCY.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That the City Manager, or his designee, is hereby authorized to execute a
Quit Claim Deed for a twenty foot wide strip of land out of Lot 6, Section 19, Flour Bluff
and Encinal Farm and Garden Tracts to the Unitarian Universalist Church of Corpus
Christi.
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 shall take effect
upon first reading as an emergency this the 29th day of October, 2002.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
APPROVED THIS THE 2- :3 DAY OF
JAMES R. BRAY, CITY ATTORNEY
_ ,2002.
By:
Josel~h Har~ey ~
Assistant City Attorney
3
CITY COUNCIL
AGENDA MEMORANDUM
DATE: October 17, 2002
AGENDA ITEM: Ordinance authorizing the City Manager, or his designee, to execute a
Use Privilege Agreement with Island Foundation Inc. for the right to construct and maintain
a 6-inch PVC casing with a 3-inch fome main that will extend approximately 95-feet across
the Encantada Avenue street right-of-way (row) and connecting Foundation facilities on
each side of said right-of-way; establishing a fee of ~; and declaring an emergency.
ISSUE: Island Foundation, Inc. has submitted a request to construct and install a force
main with PVC casing across the Encantada Avenue street right-of-way to provide service
to the building that belongs to the Seashore Learning Center.
REQUIRED COUNCIL ACTION: City Charter requires City Council approval for use of any
portion of public right-of-way for private purposes.
RECOMMENDATION: Staff recommends approval of the ordinance as presented.
~,~1~1R. Escobar, P.E. Art Sosa
Director of Engineering Services Acting Director of Development Services
Attachments:
Exhibit A - Background
Exhibit B - Ordinance
Exhibit C - Site Location Map
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
Island Foundation, Inc., owners of the Seashore Learning Center located on 15733
South Padre Island Drive (Lots 7B, 8B, 9B, 10A, 10B, & 12, Block 16, and Lots lA, lB,
2A, & 2B, Block 17, Padre Island No.1 ), have requested a Use Privilege Agreement
(UPA) from the City to construct a 3-inch force main with 6-inch PVC casing, extending
approximately 95-feet across the Encantada Avenue street right-of-way (ROW).
Island Foundation, Inc., is constructing the force main to connect services between the
buildings on each side of the street ROW. Island Foundation, Inc., will own the force
main and all improvements and will be solely responsible for all maintenance and
removal of the force main. An Engineering Permit will be required for any future
maintenance and removal of the force main constructed by Island Foundation, Inc.
within the city street right-of-way.
All City and private franchised utilities were contacted regarding this UPA. None of the
City utility departments and private franchised utilities had any objections but will seek
reimburstment if adjustments to their facilities become necessary and also that applicant
meets the specified conditions set out in the UPA. Owner has been advised and
concurs with all the conditions of the Use Privilege Agreement.
A one-time fee of $245.00 is being recommended for the UPA.
EXHIBIT A
· TION
NOT m $~LE
PR~ECT NO.
USE PRZVZLE~E A~RE~ENT
IS~D F~DATZON EXHIBIT C PAGE: I Of I
AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE A USE PRIVILEGE AGREEMENT WITH ISLAND
FOUNDATION, INC. FOR THE RIGHT TO CONSTRUCT AND
MAINTAIN A 6-INCH PVC CASING WITH A 3-INCH FORCE
MAIN THAT WILL EXTEND APPROXIMATELY 95-FEET
ACROSS THE ENCANTADA AVENUE STREET RIGHT-OF-WAY
AND CONNECTING FOUNDATION FACILITIES ON EACH SIDE
OF SAID RIGHT-OF-WAY; ESTABLISHING A FEE OF $245.00;
AND DECLARING AN EMERGENCY.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. That the City Manager, or his designee, is hereby authorized to
execute a Use Privilege Agreement with Island Foundation, Inc. for the right to construct
and maintain a 6-inch PVC casing with a 3-inch force main that will extend 95-feet
across the Encantada Avenue street right-of-way and connecting Foundation facilities on
each side of said right-of-way.
SECTION 2. That Island Foundation, Inc. pay consideration in the amount of
$245.00 and comply with the terms and conditions of the Use Privilege Agreement, a
copy of which is on file with the City Secretary, and subject to the following specified
conditions as part of the agreement:
1. No private lift stations, private manholes, or private force main are to be placed
within any City utility easements.
2. Owner will be solely responsible for all operation, maintenance, and removal of the
authorized improvements. An engineering permit will be required for any future repairs
of the force main within the City right-of-way.
3. All City and private franchised utilities will seek reimbursement if adjustments to their
facilities become necessary.
SECTION 3. That upon written request of the Mayor or five Council members,
copy attached, to find and declare an emergency due to the need for immediate action
necessary for the efficient and effective administration of City affairs, such finding of an
emergency is made and declared requiring suspension of the Charter rule as to
consideration and voting upon ordinances at two regular meetings so that this ordinance
is passed and shall take effect upon first reading as an emergency measure this the 29th
day of October, 2002.
ATTEST: THE CITY OF CORUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
James R. Bray, Jr.
City Attorney
Assistant City Attorney
Approved this the 2 ~ day of 6,9c {o~ ~-v- ,2002.
4
AGENDA MEMORANDUM
Date: October 29, 2002
Subiect: Crime Insurance Coverage
Agenda Item: Motion authorizing the City Manager or his designee to execute a one-year
contract with Marsh USA, Inc. to obtain Crime Insurance (Forms O, B, C and F) for an estimated
annual premium of $9,012.00, all in accordance with Request for Proposal BI-0010-03. This
one-year contract provides for three additional one-year renewal options.
Issue: The City acts as a fiduciary agent to the citizens of Corpus Christi. To minimize the
financial harm due to unintentional and intentional acts by its employees, the City maintains
Crime insurance coverage. Due to changes in technology, specific coverage is necessary to
protect the City against credit card fraud, theft and destruction, and computer fraud.
The Request For Proposal was distributed to twenty-two vendors. Two responses were received
in accordance with the requirements of RFP #BI-0010-03. Marsh USA, Inc. and Texas
Municipal League Intergovernmental Risk Pool submitted proposals in regards to the Crime
Insurance (Forms O, B, C, and F) coverages. Their proposals were reviewed and evaluated by a
committee comprised of Finance staff. The committee scored each proposal using categories
outlined in the attached Evaluation Matrix.
Funding: Funding for the annual premium is available from the Liabilities and Employee
Benefits Fund. Additional funding required for the expanded insurance coverages is available
from the budget surplus for the Property and Related Insurance coverages.
Recommendation: Staff recommends approval of this motion as presented.
Donna James
Risk Manager
Additional Support Material
Evaluation Matrix
City of Corpus Christi, Texas
Department of Finance
Risk Management Division
Evaluation Matrix
Evaluation of Crime Insurance Proposals
Texas Municipal
League
TOTAL POINTS FOR EACH CATEGORY PER Intergovernmental
COMPANY Risk Pool Marsh USA, Inc.
% Total Points Evaluation Category
40% 40 PTS Cost of Coverage 30 40
30% 30 PTS Deductible 30 30
20% 20 PTS Experience with comparable clients 15 20
10% 10 PTS Proposer reference check 8 8
5
AGENDA MEMORANDUM
Date: October 29, 2002
Snbiect: Commercial Property; Windstorm, Hurricane and Hail; Electronic Equipment; Antenna
Equipment; Boiler and Machinery; Flood; and Excess Flood Insurance
Agenda Item: Motion authorizing the City Manager or his designee to execute a one-year
Interlocal Agreement with Texas Municipal League Intergovernmental Risk Pool to obtain
property insurance for an estimated annual premium of $794,205.33, all in accordance with
Request for Proposal BI-0010-03. The one-year contract provides for three additional one-year
renewal options. The following insurance coverages will be provided under the contract:
commercial property; windstorm, hurricane and hail; electronic equipment; antenna equipment;
boiler and machinery; flood; and excess flood coverage. This amount includes individual flood
policies for specific properties brokered by TML and insured through Omaha Property and
Casualty.
Issue: The City maintains commercial property; windstorm, hurricane and hail; electronic
equipment; antenna equipment; boiler and machinery; flood; and excess flood insurance
coverage for the City's property. This ensures the ability to replace the City's property if it is
damaged due to fire, flood, or windstorm, etc.
The Request For Proposal was distributed to twenty-two vendors. One response was received in
accordance with the requirements of RFP #BI-0010-03. Texas Municipal League
Intergovernmental Risk Pool submitted a proposal for all property related coverages. The
proposal was reviewed and evaluated by a committee comprised of Finance staff. The committee
scored each proposal using categories outlined in the attached Evaluation Matrix.
Funding: Funding for the annual premium is available from the Liabilities and Employee
Benefits Fund.
Recommendation: Staff recommends approval of this motion as presented.
Risk Manager
Additional Support Material
Evaluation Matrix
City of Corpus Christi, Texas
Department of Finance
Risk Management Division
Evaluation Matrix
Evaluation of Real & Personal Property and Windstorm Proposals
Texas Municipal
League
TOTAL pOINTS FOR EACH CATEGORY PER Intergovernmental
COMPANY Risk Pool
% Total Points Evaluation Category
No other
40% 40 PTS Cost of Coverage 33 proposals
submitted.
30% 30 PTS Deductible 30
20% 20 PTS Experience with comparable clients 15
10% 10 PTS Reference check 8
HOW TO BIND COVERAGE
Proposal Acceptance Forms are included for the coverages being offered in this proposal
by the Texas Municipal League Intergovernmental Risk Pool.
TO BIND COVERAGE:
Complete and sign Proposal Acceptance Forms for the coverages you
are electing. Do not return any forms for coverages you are not electing.
Return all original documents to:
Texas Municipal League Intergovernmental Risk Pool
Underwriting Department
P.O. Box 149194
Austin, Texas 78714-9194
When completed documents are received, coverage declarations will be sent to you
confirming coverage, effective dates, and contributions.
Please note that coverage cannot be backdated. If you have any questions regarding this
proposal, please contact your Field Service Representative at 1-800-537-6655 or at 512-
491-2300.
TEXAS MUNICIPAL LEAGUE INTERGOVERNMENTAL RISK POOL
X188
5/14/98
PROPOSAL ACCEPTANCE FORM
PROPERTY
Directions: This form and the Interlocal Agreement must be completed, signed and returned. If ttme is of the essence, you may wish to
use an express mail service or a facsimile copier. In the event you submit these documents by facsimile, the originals must still be sent
by regular mail. (Exception: Rural Fire Prevention Districts and Emergeucy Service Districts must provide other documents
before coverage is effective.) Please indicate with [ X ] the coverages and method of payment that you are accepting.
RETURN TO:
Texas Municipal League Intergovernmental Risk Pool
Underwriting Department
P.O. Box 149194
Austin, Texas 78714-9194
Phone: 512-491-2300 or 1-800-53 7-6655
FAX: 512-491-2404
COVERAGE DEDUCTIBLE CONTRIBUTION EFFECTIVE ANNIVERSARY
DATE DATE
[ ] Real & Personal Property
Blanket Limit $ $
[ ] Actual Cash Value OR
[ ] Replacement Value
[ ] Special Form OR
[ ] Named Perils
[ ] Flood & Earthquake [ ] Included OR
[ ] Excluded
[ ] Mobile Equipment
Total Value
[ ] Actual Cash Value OR
[ ] Replacement Value
[ ] Eleclxonic Data Processing [ ] Included OR
[ ] Excluded
[ ] Boiler & Machinery
Accident Limit
[]
[]
[]
Method of Payment:
[ ] Quarterly
Annually (3% DISCOUNT)
I, the undersigned, as an authorized representative of
(Name of Political Subdivision)
do hereby accept on behalf of the above named political subdivision the portions of the proposal as indicated above.
Signature of Authorized Official:
Title:
Date:
The Signed Interlocal
Agreement Must Accompany
This Form
Contribution:. 6~FICEU~EONLY EntitylD#
TEXAS MUNICIPAL LEAGUE INTERGOVERNMENTAL RISK POOL
P307
TEXAS MUNICIPAL LEAGUE INTERGOVERNMENTAL RISK POOL
PROPOSAL ACCEPTANCE FORM
WINDSTORM, HURRICANE & HAIL
Directions: This form and the Interiocal Agreement must be signed and returned to the TML-IRP office. Your
coverage will become effecive when these documentS have been received. If time is of the essence, you may wish
to use an Express Mail service or a facsimile copier. In the event you submit these documents by facsimile copier,
the originals must still be sent by regular mail
The following proposed premiums have been developed using the AXA Corporate Solutions Lloyds Insurance
Company of Texas. Coverage will be initially bound in the TML-IRP program with the understanding that it will be
bound with AXA Corporate Solutions soon as all requirements for policy issuance have been met.
PLEASE RETURN TO:
TML-IRP UNDERWRITING DEPARTMENT
1821 Rutherford Lane, Suite 400
Austin, Texas 78754
Phone: (800) 537-6655 or (512) 491-2300
FAX: (512) 491-2404
WINDSTORM, HURRICANE & HAIL COVERAGE ACCEPTED
IOTHER THAN RESIDENTIAL 1
AXA Corporate Solutions
L]oyds Ins. Co. of Texas
Real & Personal Property
(R&PP) Total Value: $
Deductible: $
Premium: $
Effective Date:
the undersigned, as an authorized representative of:
(Name of Political Subdivision)
do hereby accept on behalf of the above named political
subdivision the portions of the proposal as indicated above.
Signature of Authorized Official:
Title:
Date:
(P308-1)
OFFICE USE ONLY
Contribution:
Verified by:
;ontract #:
) New Member
) Member Rewarding
} Member Adding Coverage
10/9/02
Edition Date: 7/00
TEXAS MUNICIPAL LEAGUE INTERGOVERNMENTAL RISK POOL
PROPOSAL ACCEPTANCE FORM
Page 1
WINDSTORM, HURRICANE & HAIL
Directions: This form and the lnterlocal Agreement must be signed and returned to the TML-IRP office.
Your coverage will become effective whea these documents have been received. If time is of the essence, you
may wish to use an Express Mail service or a facsimile copier. In the event you submit these documents by
facsimile copier, the originals must still be sent by regular mail.
The proposed premium has been developed using the Texas Windstorm Insurance Association (TWIA) pricing.
TML-IRP will bind coverage in our program with the understanding that the windstorm coverage will be
placed with T~VLA as soon as all of TWIA's requirements (listed on Page 2) for policy issuance have been
complied with. TML-IRP will assist you in providing this information to TWIA.
PLEASE RETURN TO:
TML-IRP UNDER WRITING DEPARTMENT
1821 Rutherford Lane, Suite 400
Austin, Texas 78754
Phone: (800)537-6655 or (512)491-2300
FAX: (512)491-2404
Windstorm~ Hurricane & Hail Coverages Accepted
Windstorm, Hurricane & Hail
Real & Personal Property (R&PP)
Total Value
DEDUCTIBLE
$ $
CONTRIBUTION
EFFECTIVE
DATE
I, the undersigned, as an authorized representative of:
(Name of Political Subdivision)
do hereby accept on behalf of the above named political
subdivision the portions of the proposal as indicated above.
Signature of Authorized Official:
Title:
Date:
OFFICE USE ONLY
Contribution:
Verified by:
Contract Number:
( ) New Member
( ) Member Rewarding
( ) Member Adding Coverage
~,merican Governmental Risk & Insurance Programs
333 Clay Street · Suite 1215
Houston, Texas 77002-4005
713/759-2010
713/651-9901 FAX
FLOOD PROPOSAL
ENTITY:
INSURER:
COVERAGE:
TERM:
LOCATION:
OCCUPANCY:
LIMIT:
DEDUCTIBLE:
PREMIUM:
City of Corpus Christi
Omaha Property and Casualty
Flood Insurance
One Year
See Attached Schedule
See Attached Schedule
See Attached Schedule
Applies separately to building coverage and contents coverage.
$28,351 Refer to attached schedule for a breakdown of premium
per policy
This is not a binder. This proposal will remain valid until November 4, 2002. Should
coverage be accepted, the effective date of the new policy(s) will be 12:01 a.m., local
time, of the expiration day of the existing policy(s) currently written through Omaha
Property and Casualty. Payment must be received within 30 days of policy expiration.
ACCEPTED BY:
DATE:
Page I of 2 09/26/02
PROPOSAL ACCEPTANCE FORM
CRIME COVERAGES
Directions: This form and the Interlocal Agreement must be completed, signed and returned. If time is of the essence, you may wish to
use an express mail service or a facsimile. In the event you submit these documents by facsimile copier, the originals must still be sent
by regular mail. (Exception: Rural Fire Prevention Districts and Emergency Service Districts must provide other documents before
coverage is effective.) Please indicate with I X ] the coverages and method of payment that you are accepting.
RETURN TO:
Texas Municipal League Intergovernmental Risk Pool
Underwriting Department
P.O. Box 149194
Austin, Texas 78714-9194
Phone: 512-491-2300orl-800-$37-6655
FAX: 512-491-2404
Coverages ~lccepted
COVERAGE LIMIT DEDUCTIBLE CONTRIBUTION EFFECTIVE ANNIVERSARY
DATE DATE
[ ] Public Employee Dishonesty $ $ $
[ ] Per Occurrence
[ ] Per Employee
[ ] Excess Coverage (as proposed)
[ ] Faithful Performance
[1
Theft, Disappearance, and
Destruction
(Inside)
$ $ $
(Outside) $ $. $
[ ] Forgery or Alteration $ $ $
[ ] Computer Fraud $ $ $
Method of Payment: [ ] Quarterly [ ] Annually (3% DISCOUNT)
I, the undersigned, as an authorized representative of:
(Name of Political Subdivision)
do hereby accept on behalf of the above named political subdivision the portions of the proposal as indicated above.
Signature of Authorized Official:
Title:
Date:
The Signed Interlocal
Agreement Must Accompany
This Form
I IContribution: Entity ID__
Verified by: ~
New ( ) Re-awarding { ) Adding Coverage
TEXAS MUNICIPAL LEAGUE INTERGOVERNMENTAL RISK POOL
P341
01/21/02
6
CITY COUNCIL
AGENDA MEMORANDUM
Date: October 29, 2002
AGENDA ITEM:
A. Motion authorizing the City Manager or his designee to accept a grant m the amount of $39,784
from thc State of Texas, Criminal Jnsticc Division for continuation funding available under thc
Violence Against Women Act (VAWA) Fund and to execute all related documents.
B. Ordinance appropriating $39,784 lham the State of Texas, Criminal Justice Division in the No. 1050
Federal/State Grants Fund for contmuatiun funding available under the Violence Against Women
Act (VAWA) Fund and appropriating $4,841 fi-om the No. 1050 Federal/State Grants Fund as grant
matching funds.
ISSUE:. The City has been awarded third year funding from the State of Texas, Criminal Justice Division,
under the Violence Against Women Act (VAWA) to continue the project with the primary mission of
reducing and preventing violence against women.
BACKGROUND INFORMATION: The grant continues support for the Family Violence Unit that utilizes
officers and volunteers to contact family violence victims when a written report is made by a field officer or
from a walk-in to the unit at the Police Department. The grant funds one victim case manager to contact
victims who often fear retaliation and violence when the offender is released following arrest; contact with an
advocate (case manager) can provide information concerning altematives, available services, and protective
orders to avoid continued violence. The case manager serves to establish and encourage a working
relationship between social agencies and the Police Department and provides educational opportunities to the
community through speaking engagements, public service announcements, distribution of literature, etc. The
long term goal of the grant is to provide victims of domestic violence and other serious crimes with crisis
intervention, follow up assistance, encourage cooperation with law enforcement, facilitate utilization of
available resources, and assist with immediate and long-term safety needs.
The grant provides salary and benefits for a Victim Case Manager, equipment, supplies, training, and
mileage.
FUNDING: This year the Criminal Justice Division changed the funding cycle to a start date of September 1
and divided the grant awards into two cycles of acceptance - the fa-st was a 6-month award for 06/01/02 -
11/30/02 that was approved and appropriated by City Council un 6/18/02. This is the remaining award
coveting the period 12/01/02 - 08/31/03.
For this nine month period the State provides $39,784 and the City $13,265 which may be an in-kind or a
cash contribution. We are utilizing the volunteer hours f~om other agencies Child Protective Services, Police
volunteers, etc. to provide $8,424 toward the match. The law enforcement trust fund is providing $4,841 for
supplies and miscellaneous equipment. The funding is not on a declining percentage or ending funding cycle.
REQUIRED COUNCIL ACTION: Approval to accept the grant and appropriate the funds.
RECOMMENDATION: Staff recommends acceptance of the grant.
Chief of Potice ~
OFFICE
OF THE GOVERNOR
RICK PERRY
GOVERNOR
October 2, 2002
Mr. David Garcia
Corpus Christi, City of
1201 Leopard
Corpus Christi, Texas 78401
Dear Mr. Garcia:
I am pleased to announce a grant award for $39,784 to your organization for the following project:
Violence Against Women Act. I am dedicated to ensuring that communities throughout the state
receive resources to make Texas a safer place. Funding for your project contributes to this effort. Your
talent, dedication, and hard work will ensure its success.
The attached Statement of Grant Award contains more specific information about your award. Call my
Criminal Justice Division at (512) 463-1919 if you have any questions. Thank you for your work and
best wishes for a successful project.
Sincerely,
Governor
P.P:jk
15171-04
POST OFnCE Box 12428 AUSTIN, TEXAS 78711 (512)463-2000 (VOICE)/DLAL7 1 1 FOR REly SERXqCES
Grant Number:
Grantee Name:
Project Title:
Grant Period:
Program Fund:
OFFICE OF THE GOVERNOR
CRIMINAL JUSTICE DIVISION
STATEMENT OF GRANT AWARD
WF-02-V30-15171-04
Corpus Christi, City of
Violence Against Women Act
12/01/2002 - 08/31/2003
WF-Violence Against Women Act (VAWA)
CJD Award: $39,784
Grantee Cash Match: $4,841
Grantee In-Kind Match: $8,424
Total Project Cost: $53,049
The Governor's Criminal Justice Division (CJD) has awarded the above-referenced grant. The approved
budget is reflected in the attached Budget Summary. This grant is subject to and conditioned upon
acceptance of the Governor's Criminal Justice Division's rules in Title I, Part I, Chapter 3, Texas Administrative
Code. Applicable special conditions are cited below. By signing and submitting the Grantee Acceptance
Notice to CJD, the grant officials accept the responsibility for the grant project and certify their agreement to
the conditions of grant funding.
2002-Victims Services
Post Office Box 12428, Austin, Texas 78711 (512) 463-1919
Grant Number:
Grantee:
Project Title:
Grant Period:
Funding Source:
OFFICE OF THE GOVERNOR
CRIMINAL JUSTICE DIVISION
APPROVED BUDGET SUMMARY
WF-02-V30-15171-04
Corpus Christi, City of
Violence Against Women Act
12/01/2002 to 08/31/2003
WF-Violence Against Women Act (VAWA)
Region:
Date:
2OOO
10/02/02
CJD Cash Match In-Kind
A. Personnel: $31,858 $0 $8,424
B. Contractual: $0 $0 $0
C. Travel: $1,061 $291 $0
D. Equipment: $0 $2,675 $0
E. Construction: $0 $0 $0
F. Supplies: $2,631 $1,875 $0
G. Indirect: $4,234 $0 $0
Total: $39,784 $4,841 $8,424
TOTAL
$40,282
$o
$1,352
$2,675
$0
$4,506
$4,234
$53,049
Budget Detail:
A. Victim's Case Manager (100%) $23,175
Fringe $8,683
Volunteers $8,424
Local Mileage $311
In-State Travel $1,041
Video Projector $2,675
Office Supplies $375
Communication Costs $531
Printing Educational Literaure $1,500
Postage $225
Office Equipment $1,875
$4,234 Based on grantee's approved cost allocation plan of 11.91% of direct costs.
2002-Victims Services
Post Office Box 12428, Austin, Texas 78711 (512) 463-1919
OFFICE OF THE GOVERNOR
CRIMINAL JUSTICE DIVISION
GRANT ACCEPTANCE NOTICE
WF-02-V30-15171-04
Corpus Christi, City of
Violence Against Women Act
This Acceptance Notice should be signed by the authorized official named on the grant and returned to the
Criminal Justice Division (CJD) by November 17, 2002. The grantee will not receive any grant funds until this
notice is executed and returned to CJD.
Part I:
The authorized official for this grant project must read the following and indicate agreement by
signing this Acceptance Notice below:
· The authorized official for the grantee accepts the grant award.
· The authorized official, financial officer, and project director, referred to below as grantee officials,
agree to the terms of the grant, including the rules and documents adopted by reference in Title I,
Part I, Chapter 3, Texas Administrative Code.
· It is understood that a violation of any term of the grant may result in CJD placing a temporary hold on
grant funds, permanently deobligating all or part of the grant funds, requiring reimbursement for funds
already spent, or barring the organization from receiving future grants.
· The grantee officials understand that they must satisfy all special conditions placed on this grant
before receiving any funds.
· The grant must have three separate persons designated to serve as grant officials.
Signature of Authorized Official
Name & Title (must print or type)
Official Agency Mailing Address
City/Zip Code
Telephone Number
F~x Number
Part II:
The position designated by the authorized official to request grant adjustments is the (select one):
~ PROJECT DIRECTOR [] FINANCIAL OFFICER
2002.Victims Services
Post Office Box 12428, Austin, Texas 78711 (512)463-1919
ORDINANCE
APPROPRIATING $39,784 FROM THE STATE OF TEXAS, CRIMINAL
JUSTICE DIVISION IN THE NO. 1050 FEDERAL/STATE GRANTS FUND FOR
CONTINUATION FUNDING AVAILABLE UNDER THE VIOLENCE AGAINST
WOMEN ACT (VAWA) FUND AND APPROPRIATING $4,841 FROM THE NO.
6010 LAW ENFORCEMENT TRUST FUND IN THE NO. 1050
FEDERAL/STATE GRANTS FUND AS THE GRANT MATCH; DECLARING
AN EMERGENCY.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. That $39,784 is appropriated from the State of Texas, Criminal
Justice Division in the No. 1050 Federal/State grants fund for continuation funding
available under the Violence Against Women Act (VAWA) Fund and appropriating
$4,841 from the No. 6010 Law Enforcement Trust Fund in the No. 1050 Federal/State
Grants Fund as grant matching funds.
SECTION 2. That upon written request of the Mayor or five Council members,
copy attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect upon
first reading as an emergency measure this the __ day of _, 2002.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Legal form approved
James R. Bray, Jr.
City Attorney
Samuel L. Neal, Jr.
Mayor
· 9-4 ,2002
Lisa Aguilar [ J
Assistant City ANorney
7
CITY COUNCIL
AGENDA MEMORANDUM
Date: October 29, 2002
AGENDA ITEM: Ordinance appropriating $881.48 in interest earnings from the unreserved
fund balance in the No. 1050-820800 Law Enforcemem Block 2000 grant fund and appropriating
$1,940.31 in interest earnings from the unreserved fund balance in the No. 1050-820801 Law
Enforcement Block Grant 2001 grant fund.
ISSUE: Interest earnings for these grants need to be appropriated in order to spend the monies.
BACKGROUND INFORMATION: The Law Enforcement Block Grants require the City to
place the funds in an interest bearing trust fund account. The Police Department is requesting to
utilize the 2001 and 2000 funds to assist with the purchase of additional law enforcement
equipment.
FUNDING: Funds are available from the Local Law Enforcement Block Grants,
REQU1RED COUNCIL ACTION: Appropriation of interest earnings.
RECOMMENDATION: Staffrecommends appropriation.
ORDINANCE
APPROPRIATING $881.48 IN INTEREST EARNINGS FROM THE
UNRESERVED FUND BALANCE IN THE NO. 1050-820800 LAW
ENFORCEMENT BLOCK GRANT 2000 AND APPROPRIATING $1,940.31 IN
INTEREST EARNINGS FROM THE UNRESERVED FUND BALANCE IN THE
NO. 1050-820801 LAW ENFORCEMENT BLOCK GRANT 2001 GRANT FUND
FOR PURCHASE OF LAW ENFORCEMENT EQUIPMENT;AND DECLARING
AN EMERGENCY.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. That $881.48 in interest earnings is appropriated from the
unreserved fund balance in the No. 1050-820800 law enforcement block grant 2000 and
$1,940.31 in interest earnings is appropriated from the unreserved fund balance in the No.
1050-820801 Law Enforcement Block Grant 2001 Grant Fund for purchase of law
enforcement equipment.
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
Legal form approved ~ .
James R. Bray, Jr.
City Attorney
Samuel L. Neal, Jr.
Mayor
., :002
Lisa Aguilar . {,~
Assistant City Attorney
8
CITY COUNCIL
AGENDA MEMORANDUM
October 29, 2002
AGENDA ITEM:
Resolution authorizing the City Manager, or designee, to submit a Grant Application in
the amount of $25,580 to the Texas Department of Public Safety, Division of Emergency
Management, Hazardous Materials Emergency Preparedness Grant program, to fund:
(A) create a pipeline computer database, (B) update and improve current Emergency
Operation Plans (C) create and disseminate public awareness brochures and infomercials
on pipeline safety and preparedness in the event of a leak or spill, and (D) enhance the
Fire Department's Website.
ISSUE: There are a total of 3,305 pipeline miles in Nueces County of which
approximately 95% are either within the city limits or directly adjacent to the city limits
of Corpus Christi. The pipelines carry natural gas, crude oil, highly volatile
petrochemicals, LP gas, and refined products such as motor fuels, benzene and asphalt.
The lack of public awareness on pipeline safety and preparedness in the event ora leak or
spill is one problem facing local officials. There is also a lack of a complete assessment
of pipeline locations inside the City of Corpus Christi and Nueces County.
Due to the recent addition of multiple public warning systems, Emergency Plans and
Standard Operating Procedures have to be updated. The Fire Department website also has
to be updated to make it is more public user friendly in obtaining hazardous material
information on line. More of our citizens are utilizing our City's Website to obtain vital
information and the Fire Department is committed to provide pertinent safety related
information to our community. Fmthermore, to ensure that the City and County's
emergency respondem are provided with useful hazardous materials information, it is
essential that we update our Tier II data base of hazardous materials in the county on an
annual basis. Through the grant, a temporary staffperson will be hired to impute data into
our database.
This grant will allow the LEPC and Office of Emergency Management to more easily
compile data for the HazMat database and identify pipeline data, as well as improving the
technical proficiency of the City and County's HazMat planning capabilities. It will also
educate the general public on pipeline awareness and safety. Deadline for completion of
all projects is August 31, 2003.
FUNDING: The grant requires a hard or soft match of 20% ($6,360.00) of the total
project. The Local Emergency Planning Committee and Office of Emergency
Management have already formally agreed to pay any hard match that will be required.
Total project cost is estimated at $31,800.00 with ($6,360.00) representing the 20%
match. The City of Corpus Christi LEPC wilt pay $3,560.00 as its contribution toward
the funds match. The Office of Emergency Management will pay $2,800.00 as its
contribution towards the funds match. Funds have been budgeted in the General Funds
of both the Office of Emergency Management and the Local Emergency Planning
Committee.
RECOMMENDATRION: Staff recommends approving resolution authorizing the
City Manager, or his designee, to submit a grant application in the amount up to
$25,580.00 to the Texas Department of Public Safety Division of Emergency
Management for Hazardous Materials Emergency Preparedness Planning which will
require a 20% match of $6,360.00.
Fire Chief
ADDITIONAL SUPPORT MATERIAL
Resolution
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO
SUBMIT A GRANT APPLICATION IN AN AMOUNT UP TO
$25,580 TO THE TEXAS DEPARTMENT OF PUBLIC SAFETY,
DIVISION OF EMERGENCY MANAGEMENT, HAZARDOUS
MATERIALS EMERGENCY PREPAREDNESS GRANT
PROGRAM, TO FUND: (A) CREATION OF A PIPELINE
COMPUTER DATABASE, (B) UPDATE AND IMPROVE
CURRENT EMERGENCY OPERATION PLANS, (C) CREATE
AND DISSEMINATE PUBLIC AWARENESS BROCHURES AND
INFOMERCIALS ON PIPELINE SAFETY AND PREPAREDNESS
IN THE EVENT OF A LEAK OR SPILL, AND (D) ENHANCE THE
FIRE DEPARTMENT'S WEBSITE
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. The City Manager, or his designee, is authorized to submit a grant
application in an amount up to $25,580 to the Texas Department of Public Safety,
Division of Emergency Management, Hazardous Materials Emergency Preparedness
Grant Program, to fund: (a) creation of a pipeline computer database, (b) update and
improve current emergency operation plans, (c) create and disseminate public awareness
brochures and infomercials on pipeline safety and preparedness in the event of a leak or
spill, and (d) enhance the Fire Department's website.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
APPROVED: ftc !Lev_ ~/e,,~ _2_q
James R. Bray, Jr.
City Attorney
By: Joseph~ey ~
Assistant City Attome3~
,2002
9
AGENDA MEMORANDUM
AGENDA ITEM:
1, A. Resolution authorizing the City Manager, or his designee, to execute an Interlocal Agreement with the Coastal
Bend Council of Governments in the amount of $45,000.00 for Household Hazardous Waste Disposal costs.
B. An Ordinance appropriating $45,000.00 from the Coastal Bend Council of Governments, in the No, 1050
Federal/State Grants Fund for Household Hazardous Waste Disposal costs; and declaring an emergency.
2. A. Resolution authorizing the City Manager, or his designee, to execute an Interlocal Agreement with the Coastal
Bend Council of Governments in the amount of $10,000.00 for a Recycling Media Outreach Program.
B. An Ordinance appropriating $10,000.00 from the Coastal Bend Council of Governments, in the No. 1050
Federal/State Grants Fund for a Recycling Media Outreach Program; and declaring an emergency.
3. A. Resolution authorizing the City Manager, or his designee, to execute an Interlocal Agreement with the Coastal
Bend Council of Governments in the amount of $10,000.00 for a Household Hazardous Waste Media Outreach
Program.
B. An Ordinance appropriating $10,000.00 from the Coastal Bend Council of Governments, in the No. 1050
Federal/State Grants Fund for a Household Hazardous Waste Media Outreach Program; and declaring an emergency.
4. A. Resolution authorizing the City Manager, or his designee, to execute an Interlocal Agreement with the Coastal
Bend Council of Governments in the amount of $5,000.00 to publicize and increase participation in Stop Trashing
Corpus Christi Community Clean-Up events.
B. An Ordinance appropriating $5,000.00 from the Coastal Bend Council of Governments, in the No. 1050
Federal/State Grants Fund to publicize and increase participation in Stop Trashing Corpus Christi Community Clean-Up
events; and declaring an emergency.
5. A. Resolution authorizing the City Manager, or his designee, to execute an Interlocal Agreement with the Coastal
Bend Council of Governments in the amount of $55,000.00 to purchase a brush loader.
B. An Ordinance appropriating $55,000.00 from the Coastal Bend Council of Governments, in the No. 1050
Federal/State Grants Fund to purchase a brush loader; and declaring an emergency.
ISSUE: The Coastal Bend Council of Governments has awarded the City of Corpus Christi five Solid Waste
Grants which are needed to help provide additional funding for the existing Household Hazardous Waste
Disposal program; purchase of a Brush Loader; Provide a Media/Outreach Program for recycling awareness,
household hazardous waste awareness, and the City's Stop Trash Corpus Christi Community clean up events.
REQUIRED COUNCIL ACTION: Approval of interlocal agreements and appropriation of Federal/State
Grants require City Council approval.
FUTURE COUNCIL ACTION: Approval of the purchases of equipment.
RECOMMENDATION: Staff recommends approval of the Coastal Bend Council of Governments Grants.
~' l~d wasD~ e ~PJ~li c~ee jrect°r'
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S
DESIGNEE, TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE
COASTAL BEND COUNCIL OF GOVERNMENTS IN THE AMOUNT OF
$45,000 FOR HOUSEHOLD HAZARDOUS WASTE DISPOSAL COSTS
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
Section t. The City Manager or his designee is authorized to execute an interlocal
agreement with the Coastal Bend Council of Governments that will provide $45,000 for
household hazardous waste disposal costs.
ATTEST:
THE CiTY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: 9th day of October, 2002.
James R. Bray Jr.
City Attomey
By: ~
First Assistant City Attorney
Samuel L. Neal, Jr.
Mayor
P.24050C1.doc
ORDINANCE
APPROPRIATING $45,000FROM THE COASTAL BEND COUNCIL OF
GOVERNMENTSIN THE NO. 1050 FEDERAUSTATE GRANTS FUND
FOR HOUSEHOLD HAZARDOUS WASTE DISPOSAL COSTS; AND
DECLARING AN EMERGENCY
BElT ORDAINED BYTHECITYCOUNCILOFTHECITYOFCORPUSCHRISTI,
TEXAS:
SECTION 1. That $45,000 from the Coastal Bend Council of Governments is
appropriated in the No. 1050 Federal/State Grants Fund for household hazardous waste
disposal costs.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure on this the __ day of
,2002.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: This 9th day of October, 2002:
James R. Bray, Jr.
City Attorney
By: R. ~l~y ~i. i.ning J
First Assistant×City Attorney
Samuel L. Neal, Jr.
Mayor
R24050H1 .doc
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S
DESIGNEE, TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE
COASTAL BEND COUNCIL OF GOVERNMENTS IN THE AMOUNT OF
$10,000 FOR A RECYCLING MEDIAJOUTREACH PROGRAM
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
Section 1. The City Manager or his designee is authorized to execute an interlocal
agreement with the Coastal Bend Council of Governments that will provide $10,000.00
for a media/outreach campaign for the City's Recycling Program.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: 9th day of October, 2002.
James R. Bray Jr.
City Attorney
By: ~
R. Ja~' ~ining'~
First Assistant City Attorney
Samuel L Neal, Jr.
Mayor
R24050E1 .doc
ORDINANCE
APPROPRIATING $10,000 FROM THE COASTAL BEND COUNCIL OF
GOVERNMENTS IN THE NO. 1050 FEDERAL/STATE GRANTS FUND
FOR A RECYCLING MEDIA OUTREACH PROGRAM; AND
DECLARING AN EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $10,000 from the Coastal Bend Council of Governments is
appropriated in the No. 1050 Federal/State Grants Fund for a Recycling Media
Outreach Program.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure on this the __ day of
,2002.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: This 9th day of October, 2002:
James R. Bray, Jr.
City Attorney
R. Ja)('R,,e'ining /
First As§istant City Attorney
Samuel L. Neal, Jr.
Mayor
R2.4050K1 .doc
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S
DESIGNEE, TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE
COASTAL BEND COUNCIl. OF GOVERNMENTS IN THE AMOUNT OF
$10,000 FOR A HOUSEHOLD HAZARDOUS WASTE
MEDIA/OUTREACH PROGRAM
NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
Section 1. The City Manager or his designee is authorized to execute an interlocal
agreement with the Coastal Bend Council of Governments that will provide $10,000.00
for a media/outreach campaign for the Household Hazardous Waste Program.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: 2nd day of July, 2002.
James R. Bray Jr.
City Attomey
By:
R. Ja~ ~eining
First Assistant City Attorney
Samuel L. Neal, Jr.
Mayor
R24050F1 .doc
ORDINANCE
APPROPRIATING $10,000 FROM THE COASTAL BEND COUNCIL OF
GOVERNMENTS IN THE NO. 1050 FEDERAL/STATE GRANTS FUND
FOR A HOUSEHOLD HAZARDOUS WASTE MEDIA OUTREACH
PROGRAM; AND DECLARING AN EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $10,000 from the Coastal Bend Council of Governments is
appropriated in the No. 1050 Federal/State Grants Fund for a Household Hazardous
Waste Media Outreach Program.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure on this the day of
,2002.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: This 9th day of October, 2002:
James R. Bray, Jr.
City Attorney
By:
R, Jay,,~ning~
First Assistant City Attorney
Samuel L. Neal, Jr.
Mayor
R24050LI .doc
RESOLUTION
AUTHORIZING THE ClTY MANAGER, OR THE ClTY MANAGER'S
DESIGNEE, TO EXECUTE ANINTERLOCAL AGREEMENT WITH THE
COASTAL BEND COUNCIL OF GOVERNMENTSlN THE AMOUNT OF
$5,000 TO PUBLICIZE AND INCREASE PARTICIPATION IN STOP
TRASHING CORPUS CHRISTICOMMUNITYCLEAN-UP EVENTS
NOW, THEREFORE, BEITRESOLVED BYTHECITYCOUNCILOFTHECITYOF
CORPUS CHRISTI, TEXAS:
Section 1. The City Manager or his designee is authorized to execute an interlocal
agreement with the Coastal Bend Council of Governments that will provide $5,000 to
publicize and increase participation in STOP Trashing Corpus Christi community clean-
up events.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: 9th day of October, 2002.
James R. Bray Jr.
City Attomey
By: R. Ja-~ ./e~.ni~
First AsSistant City Attorney
Samuel L. Neal, Jr.
Mayor
P,24050G 1 ,doc
ORDINANCE
APPROPRIATING $5,000 FROM THE COASTAL BEND COUNCIL OF
GOVERNMENTS IN THE NO. 1050 FEDERAL/STATE GRANTS FUND
TO PUBLICIZE AND INCREASE PARTICIPATION IN STOP TRASHING
CORPUS CHRISTI COMMUNITY CLEAN-UP EVENTS; AND
DECLARING AN EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $5,000 from the Coastal Bend Council of Governments is
appropriated in the No. 1050 Federal/State Grants Fund to publicize and increase
participation in STOP Trashing Corpus Christi community clean-up events.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure on this the __ day of
,2002.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: This 9th day of October, 2002:
James R. Bray, Jr.
City Attorney
By: R. J~y~eining'~
First Assistant City Attorney
Samuel L. Neal, Jr.
Mayor
R24050J 1 .doc
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S
DESIGNEE, TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE
COASTAL BEND COUNCIL OF GOVERNMENTS IN THE AMOUNT OF
$55,000 FOR THE PURCHASE OF A BRUSH LOADER
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
Section 1. The City Manager or his designee is authorized to execute an interlocal
agreement with the Coastal Bend Council of Governments that will provide $55,000.00
for the purchase of a brush loader.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: 9th day of October, 2002.
James R. Bray Jr.
City Attorney
R. J~ F~ining J
First As~sistant City Attorney
Samuel L. Neal, Jr.
Mayor
R24050D1.doc
ORDINANCE
APPROPRIATING $55,000 FROM THE COASTAL BEND COUNCIL OF
GOVERNMENTSIN THE NO. 1050 FEDERAUSTATE GRANTS FUND
FOR THE PURCHASE OF A BRUSH LOADER; AND DECLARING AN
EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $55,000 from the Coastal Bend Council of Governments is
appropriated in the No. 1050 Federal/State Grants Fund for the purchase of a brush
loader.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure on this the __ day of
,2002.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: This 9th day of October, 2002:
James R. Bray, Jr.
City Attorney
First Assistant City Attorney
Samuel L. Neal, Jr.
Mayor
R24050l I .doc
10
CITY COUNCIL
AGENDA MEMORANDUM
Date: October 29, 2002
AGENDA ITEM:
Item A: Motion authorizing the City Manager, or his designee, to accept a renewal grant in
the amount of $56,580 and execute a contract with the Corporation for National and
Community Service for the continuation of the Senior Companion Program.
Item B: Appropriating $56,580 Grant awarded by the Corporation for National and
Community Service in the No. 1050 Federal/state Grants Fund for the Senior Companion
Program and Declaring an Emergency.
ISSUE: The Senior Companion Program competed for and has been awarded a Program of
National Significance (PNS) grant. The additional $56,580 will augment the existing funding;
bringing it to a total of $266,201 of federal funds per year. The funds will allow for an
additional 13 senior companion volunteers and the addition of one staff person to continue
our mission of serving the elderly and disabled population of Corpus Christi. In addition,
funds have been awarded with the purpose of training SCP volunteers and clients on
homeland security issues such as; disaster preparedness, crime and fraud prevention, and
related health topics.
This PNS grant award has permanently raised the Corporation for National and Community
Service funding level to $266,201 per year.
PRIOR COUNCIL ACTION: For the past thirteen years, Council has granted authorization to
execute a contract with the Corporation for National and Community Service for the Senior
Companion Program.
REQUIRED COUNCIL ACTION: Council action is required to authorize the execution of a
contract with the Corporation for National and Community Service for the Senior Companion
Program. Matching funds have been included in the FY 2002-2003 budget.
RECOMMENDATION: Staff recommends Council approve authorization to execute a
contract with the Corporation for National and Community Service for the 2002-2003 Senior
Companion Program and to appropriate $56,580 in federal funds in the Federal Grant Fund
No. 1050.
Daniel Whitworth,
Director of Park and Recreation
ADDITIONAL SUPPORT MATERIAL
Background tnformation
Contract Summary
Ordinance/Resolution
Map(s) FI
H:~PR-DIR~SHARED~SCP\GRANTS\COUNCI-11PN SAGN-I DOC
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
BACKGROUND:
The Program of National Significance (PNS) grant funds are made available, by the
Corporation for National and Community Service through a competitive process to
augment the budget of existing Senior Companion Programs. The PNS funds require
that the applicant address issues of homeland security in our community, in addition to
the stated goals of the Senior Companion Program. Topics and concerns that needed
to be addressed were man made or natural disaster preparedness, crime and fraud
prevention, and related health topics. The Corpus Christi Senior Companion Program
successfully competed for $191,500 of PNS grant funds against the Southwest cluster,
which consist of seven states including Texas. The Corpus Christi Senior Companion
Program has been awarded $56,580 of the possible $191,500 or 29.5% of the available
funds.
The Senior Companion Program (SCP) assists Iow-income volunteers 60 years and
over who are willing to serve as companions to homebound and elderly persons in the
community. The Companions assist homebound individuals with daily living tasks, such
as meal preparation, respite care, grocery shopping and light housekeeping. Their
assistance allows homebound clients to remain in their homes, delaying
institutionalization. Companions receive a stipend of $2.65 an hour, a $1.50 meal
reimbursement and either mileage reimbursement or bus tokens. This benefit assists
the Companion financially and allows them to become more involved in the community,
while helping the clients maintain their independence.
08/20/2002 03:17 PM Corporation for National Service - FOR OFFICIAL USE ONLY
Notice of Grant Award - Federal Funding
Grant Number Amendment Number
GH 01SCW~X002 04
Grantee ID Amendment Date
1746000574 A4 Aug 20, 2002
Grantee Address
CiTY OF CORPUS CHRISTI
1201 LEOPARD
CORPUS CHRISTI, TX 75401
Issued By
Southwest Service Center
Bettye Hammond
t999 Bryan, Suite 2050
DALLAS, TX 75201
Program Manager
Texas State Program Office
Jerry Thompson
300 East 8th Street
Suite G-100
AUSTIN, TX 78701-3220
Accounting Information
Line CFDA Program Name Begin Date End Date
Funding Citation Increment Amount Total Amount
I 94.016 Senior Companions Program Jul 01 2001 Jun 30 2004
2001 -***-DVSA~1413-P77-4101 $0.00 $200,803.00
2 94.016 Senior Companions Program Jul 01 2001 Jun 30 2004
2002-***-DVSA-61413-P77-4101 $0.00 $2,727.00
3 94.016 Senior Companions Program Jul 01 2002 Jun 30 2004
2002-***-DVSA-61413-P77-4101 $0.00 $209,621.00
4 94.016 Senior Companions Program Apr 01 2002 Mar 31 2003
2002-***-DVSA~1413-P77-4101 $56,580,00 $56,580.00
Total Funding:
Grants Management Official
$56,580.00 $469,731.00
Notice Of Grant Award Amendment
Grant Number
Amend Number
Type of Grant
01 SCWTX002
04
5-Augmentation
Terms and Conditions
This award includes $56,580 to support Programs Of National Significance. These
funds may not be used for any other purpose.
Tuesday. August 20, 2002 Page 1 of 1
Supplemental Budget Document
Initial Grant Sum Amendments Totals
Document Number 01SCWTX002
Type of Grant 3-Continuation
Grantee Type C-Mu.icipal
Fed NonCorp Funds $0.00 $0.00 $0.00
Applicant Non-Corp Funds $50,502.00 $57,281.00 $107,783.00
State Non-Corp Funds $4,375.00 $4,375.00 $8,750.00
Local Non-Corp Funds $0.00 $36,699.00 $36,699.00
Other Non-Corp Funds $31,059.00 $8,979.00 $40,038.00
CNS Volunteer Support Expenses $35,725.00 $51,354.00 $87,079.00
Non-Fed Volunteer Support Expenses $50,202.00 $52,421.00 $102,623.00
Excess Volunteer Support Expenses $15,851.00 $26,443.00 $42,294.00
CNS Volunteer Expenses $165,078.00 $217,575.00 $382,653.00
Non-Fed Volunteer Expenses $4,375.00 $9,235.00 $13,610.00
Excess Volunteer Expenses $15,208.00 $19,234.00 $34,442.00
CNS Stipends $122,461.00 $164,458.00 $286,919.00
Non-Fed Stipends $2,682.00 $8,299.00 $10,961.00
Excess Stipends $0.00 $0.00 $0.00
Fed Stipend VSY 46 59 105
Non-Fed Stipend VSY 1 0 1
Fed Non-Stipend Vols 0 0 0
Non-Fed Non-Stipend_Vols 0 0 0
Project Director's Salary $25,092.00 $26,620.00 $51,712.00
Project Directors Percent Time 100 100 200
Tuesday, August 20, 2002
PART II - BUDGET
ATTACHMENT
A. PROJECT PERSONNEL
EXPENSES
Position Title
Applicant Organization: City of Corpus Christi SCP
% Time
Annualized Spent on
Salary Project
CSO 1 24,835 55
B. PERSONNEL FRINGE BENEFITS
C. PROJECT STAFF TRAVEL
D. EQUIPMENT
Local Travel
Long Distance Travel
E. SUPPLIES
F. CONTRACTUAL SERVICES
i G. OTHER VOLUNTEER SUPPORT COSTS
H. 1NDIRECT COSTS
A. VOLUNTEER
SERVICE-RELATED
COSTS AND
REIMBURSEMENT
EXPENSES
Stipends
Meals
Uniforms
Insurance
Recognition
Volunteer Travel
Physical Examinations
Other Allowable Expenses
Budget Dates: 07/01/02 - 06/30/03 I
Total Corporation
Project Funds
Cost Requested
13,694 10,113
$ 13,694 $ 10,113
4,798
600
35,967 35,967
3,000 3,000
7,500 7,500
936
Non-
Federal
Resources
/ $ 0
936
$ 936
$ 936
1%
Excess
Resources
3,581
$ 3,581
4,798
600
$ 8,979.
$ 0
$ 8,979
$ 47,403 $ 46,467
$ 56,580,
85%
A. Non-Stipended FGP/SCP Volunteers:0
B. VSYs or Volunteers -- Federal: 13 Non-Federal:
C. VolunteerI-Iours: 13,572
D. Stations: 5
NSSC Form 424A Modified SF-424A (Rev 4/01
ORDINANCE
APPROPRIATING $56,580 FROM THE CORPORATION FOR NATIONAL AND
COMMUNITY SERVICE IN THE NO. 1050 FEDERAL/STATE GRANTS FUND
FOR THE SENIOR COMPANIONS PROGRAM; AND DECLARING AN
EMERGENCY.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. That $56,580 is appropriated from the National and Community
Service in the No. 1050 Federal/State grants fund for the Senior Companions Program.
SECTION 2. That upon written request of the Mayor or five Council members,
copy attached, the City Council (I) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect upon
first reading as an emergency measure this the day of ,2002.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
Legal form approved
James R. Bray, Jr.
City Attorney
,2002
Lisa Aguilar ~,..fl
Assistant City Attorney
11
CITY COUNCIL
AGENDA MEMORANDUM
SUBJECT:
One-Way School Zone Traffic Pattern
at George Evans Elementary School
DATE: October 18, 2002
AGENDA ITEM: Ordinance amending the ~ Chapter 53 - Traffic,
Section 53-250 - Schedule I, One-way Streets and Alleys, Section (a-l) School Areas,
by establishing a one-way traffic pattern on the following street sections during the
school hours of George Evans Elementary School:
1. Southbound one-way pattern on No. Alameda Street between Caldwell Street
and Comanche Street, and
2. Northbound one-way pattern on Sam Rankin Street between Comanche
Street and Caldwell Street.
ISSUE: On February 8, 2002, the City approved George Evans Elementary School's
request to establish a one-way direction of traffic on Sam Rankin Street between
Comanche Street and Caldwell Street. Initially, the approved ONE-WAY direction of
travel was southbound on Sam Rankin Street and northbound on North Alameda Street
for the school hour periods of 7:15 a.m. - 7:15 a.m. and 2:45 p.m. - 3:45 p.m.
Recently, it was discovered the City-approved the school hour direction of travel
(counter-clockwise direction of travel around the school) for both streets, was
erroneously requested by the school
School officials have resubmitted their request to change the previously approved
direction of travel around the school from a counter-clockwise direction of travel to a
clockwise direction of travel in order to facilitate the loading and unloading of school
children as per the attachment. The City will implement the new direction of travel by
installing appropriate traffic signs upon City Council approval.
REQUIRED COUNCIL ACTION: One-way traffic patterns on any public street or alley
must be approved by the City Council.
RECOMMENDATION: Approval of the proposed ordinance as presented.
./~r~l ~. Escobar, P.E. ' "
Director of Engineering Services
ADDITIONAL SUPPORT MATERIAL:
1. Background Information
2. Exhibit 1 - Site Map
(One-Way School Zone Traffic Pattern at Georoe Evans Elementary School)
Page 1 of 3)
AGENDA MEMORANDUM
Additional Background Information
BACKGROUND:
The administration of George Evans Elementary School has requested the City to study
the feasibility of converting each of No. Alameda and Sam Rankin Streets to a "paired"
one-way traffic pattern between the one-block section of Comanche and Caldwell
Streets during morning and afternoon school hours. Excessive congestion, conflicts
with two-way traffic movements, and increasing hazards to students having to cross
these streets are the school's reasons for requesting the one-way traffic patterns.
Staff's analysis of the traffic conditions at this school have included interviews with
school officials and parents of students, detailed traffic counts, examination of related
traffic accident experience and discussions with abutting residents.
One-Way Street Criteria. Traffic Engineering has three objectives for implementation
of one-way school zone traffic patterns: (i) improved student pedestrian safety, (ii)
reduction of school-related traffic congestion, and (iii) little or no impact of redirected
traffic on abutting neighborhood streets. Based on the observed traffic conditions and
ordinary occurrence of these conditions throughout the school year, Staff is confident
that the proposed one-way traffic pattern on Marie Street will satisfy these requisite
conditions.
Traffic Demal3d. No. Alameda and Caldwell Streets are both residential collector-
width streets which have a circulating traffic demand during school hours. Traffic
volume on Alameda averages 900 vehicles per day. Traffic volume on Sam Rankin
averages 500 vehicles per day. The heaviest direction of travel demand occurs in the
direction of the one-way proposals for each street.
Impact on Neighborhood Streets. The probable traffic impact of the proposed one-
way traffic pattern on neighboring streets considers the volume of traffic presently
occurs in the opposing direction of the proposed one-way patterns. Because the
heaviest direction of travel on each street occurs in the direction of the one-way
proposals, detouring of traffic from the opposing directions would be minimal.
The volume total of detoured traffic from No. Alameda Street would during the two one-
hour periods of the one-way pattern would be 69 vehicle in the morning and 41 vehicles
in the afternoon; for Sam Rankin Street the detoured traffic would be 45 vehicles in the
morning and 15 vehicles in the afternoon.
(One-Way School Zone Traffic Pattern at Georoe Evans Elementary School)
Page 2 of 3)
ImPact on Access to Develo_Dmellt. Along the one side of No. Alameda Street
opposite George Evans School, there is only one property (residential home) whose
access would be affected. The owner and resident of this property is supportive of the
one-way proposal. Along the one side of Sam Rankin Street opposite George Evans
School, there are no properties with driveway access on Sam Rankin. The only two
developed properties are also residential homes and both owners are supportive of the
one-way proposal.
Prior Council Action: Since 1966, prior City Councils have approved one-way school
zone traffic patterns on 42 street sections at 34 elementary and middle school zones in
Corpus Christi.
Review by Trans_Dortation Advisory_ Committee:
Committee has reviewed the Staff recommendation
recommend approval to the City Council.
The Transportation Advisory
and unanimously voted to
(One-Way School Zone Traffic Pattern at Georoe Evans Elementarv School)
Page 3 of 3)
-il
CITY HALL
PROPOSED ONE-WAY
7:15 AM- 8:18 AM
2:45 PM- 5:45 PM
(SCHOOLDAYS)
PROPOSED DIRECTION
OF ONE-WAY TRAFFIC
LIPAN ST.
CORPUS CHRISTI
CHRISTIAN
SCHOOL
COMANCHE ST
GEORGE EVANS
ELEMENTARY
SCHOOL
KNIGHTS
OF
COLUMBU~
VAC.
RES.
VAC.
VAC.
GEORGE EVANS ELEMENTARY SCHOOL ~.~s~D
09/10/02)
SITE MAP
Traffic Engineering Div.
Engineering Services Dept.
AN ORDINANCE
AMENDING THE CODE OF ORDINANCES CHAPTER 53-
TRAFFIC, SECTION 53-250, SCHEDULE I, ONE WAY STREETS
AND ALLEYS, SECTION (A-l) SCHOOL AREAS, BY
ESTABLISHING A ONE-WAY TRAFFIC PATTERN ON THE
FOLLOWING STREET SECTIONS DURING THE SCHOOL
HOURS OF GEORGE EVANS ELEMENTARY:
1. Southbound one-way pattern on North Alameda Street between
Caldwell Street and Comanche Street, and
2. Northbound one-way pattern on Sam Rankin Street between
Comanche Street and Caldwell Street.
PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE;
PROVIDING FOR PUBLICATION; AND DECLARING AN
EMERGENCY.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI:
SECTION 1. That the Code of Ordinances, City of Corpus Christi is amended by
amending Chapter 53- Traffic, Section 53-250, Schedule I, One way streets and alleys,
Section (a-l) School areas, by establishing a one way traffic pattern on the following
street sections during the school hours of George Evans Elementary:
1. Southbound one-way pattern on North Alameda Street between Caldwell
Street and Comanche Street, and
2. Northbound one-way pattern on Sam Rankin Street between Comanche Street
and Caldwell Street.
CHAPTER 53 TRAFFIC
ARTICLE VIII. SCHEDULES
Sec. 53-250. Schedule I, One way streets and alleys.
(a-l) School areas.
Street or
Portion of Street
Direction
of traffic
ORD-Trf-EvansEl2.doc
2
North Alameda Street, from Caldwell Street to Comanche Street ....... South
Sam Rankin Street, from Comanche Stxeet to Caldwell Street ............... North
SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word
or provision of this ordinance shall be held invalid or unconstitutional by final judgment
of a court of competent jurisdiction, it shall not affect any other section, paragraph,
subdivision, clause, phrase, word or provision of this ordinance, for it is the definite
intent of this City Council that every section, paragraph, subdivision, clause, phrase,
word or provision hereof be given full force and effect for its purpose.
SECTION 3. Publication shall be made one time in the official publication of the City
of Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 4. Penalties are as provided in Sec. 53-55 Code of Ordinances.
SECTION 5. That upon written request of the Mayor or five council members, copy
attached, to find and declare an emergency due to the need for irmmediate action
necessary for the efficient and effective administration of City affairs, such finding of an
emergency is made and declared requiring suspension of the Charter rule as to
consideration and voting upon ordinances at two regular meetings so that this ordinance
is passed and shall take effect upon first reading as an emergency measure this the 29th
day of October, 2002.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa Samuel L. Neal, Jr.
City Secretary Mayor
Approved as to legal form this the ~z- 3 day of GYt/-o ~
James R. Bray, Jr., City Attorney
,2002.
By:
Joseph a~mev, A!~ty Attorney
ORD-Trf-EvansEl2.doc
12
AGENDA MEMORANDUM
October 29, 2002
SUBJECT:
Commission.
Lease agreement between the City of Corpus Christi and General Services
AGENDA ITEM:
Ordinance authorizing the City Manager, or his designee, to execute a short term lease for a period
not to exceed one year between the City of Corpus Chdsti and the General Services Administration
(GSA), acting for the Transportation Security Administration (TSA), for approximately 6,710 square
feet of rentable office space.
ISSUES:
The General Services Commission desires to lease office space for the Transportation Secudty
Administration for staff personnel to administer directives governing U.S. Airports. The Airport will
provide 6,710 square feet of office space which will provide $87,632.30 over the lease term for the
Airport. This short term lease will cease upon the occupancy of the permanent location in the new
terminal building.
BOARD RECOMMENDATION: This issue was discussed with the Airport Board dudng the
October 2, 2002 board meeting. Due to the fact that negotiations with GSA had not yet commenced,
it was not presented as an action item for the Board. No member of the Board objected to the
concept of the short-term lease.
Director of Aviation
ADDITIONAL SUPPORT MATERIAL
Exhibit A Background Information
BACKGROUND INFORMATION
October 29, 2002
BACKGROUND:
The Aviation Department had been approached by the newly formed Transportation Secudty
Administration (TS A) with a request to provide approximately 6,000 square feet of office space for
them. Currently the only space available to meet their request is the first two floors of the old tower
building which formally housed the Aviation Department staff, but has since been vacated. City staff
contacted the Government Services Administration (GSA) and the terms and conditions of the lease
were negotiated.
For the use of approximately 6,710 square feet of rentable office space the TSA will pay the City
$87,632.30 annually prorated on a monthly basis.
Additionally the GSA/TSA has requested the City lease them approximately 7,000 square feet of
rentable office space in the new terminal. As Council is aware the terminal design did not anticipate
the need for this request and, therefore, the space is not currently available or included in the build-
out plans for the final phase of the construction.
Dudng negotiations with the GSA & TSA they have indicated their desire for the City to modify the
design plans to allow for the additional construction, and to build-out their required space. GSA has
agreed to pay the standard terminal square foot rental rate for the actual shell construction and to
guarantee reimbursement to the City for the build-out costs within five (5) years. The lease would be
a standard ten year lease. When the build-out is complete, late spring 2003, TSA would then move
into the terminal and the old tower would be demolished.
FUNDING: The currently proposed short-term lease does not require an expenditure of funds.
IEXHIBITA I
AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE A SHORT TERM LEASE FOR A PERIOD NOT TO EXCEED
ONE YEAR BETWEEN THE CITY OF CORPUS CHRISTI AND THE
GENERAL SERVICES ADMINISTRATION (GSA), ACTING FOR THE
TRANSPORTATION SECURITY ADMINISTRATION (TSA), FOR
APPROXIMATELY 6,710 SQUARE FEET OF RENTABLE OFFICE SPACE;
AND DECLARING AN EMERGENCY.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. That the City Manager, or his designee, is hereby authorized to execute a
short term lease for a period not to exceed one year between the City of Corpus Christi and The
General Services Administration (GSA), acting for The Transportation Security Administration
(TSA), for approximately 6,710 square feet of rentable office space.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, to find and declare an emergency due to the need for immediate action necessary for the
efficient and effective administration of City affairs, such finding of an emergency is made and
declared requiring suspension of the Charter rule as to consideration and voting upon ordinances
at two regular meetings so that this ordinance is passed and shall take effect upon first reading as
an emergency measure this the __ day of ,2002.
Attest:
The City of Corpus Christi
Armando Chapa
City Secretary
Approved this the O3day of
Samuel L. Neal, Jr.
Mayor
, 2002.
JAMES R. BRAY, JR., CITY ATTORNEY
[offn. P. Burke, Jr. /
3,4sistant City Attorney
H:\LEG-D1R\john\ORDINANCE~Transportation Security Admin. Contract 12 mo.wpd
13
COUNCIL MEMORANDUM
October 29, 2002
SUBJECT: Corpus Christi International Airport
AGENDA ITEM:
An Ordinance amending Section 9-37 of the Code of Ordinances relating to the
consumption of alcoholic beverages upon the property of the Corpus Christi International
Airport, to allow the Director of Aviation to make exceptions for special occasions;
providing for severance; providing for publication; and declaring an emergency.
ISSUES: This an~endment is requested in conjunction with the celebration of the Grand
Opening of the Corpus Christi International Airport, Hayden W. Head Terminal on
November 1, 2002.
RECOMMENDATION: Approvalofthis Ordinance as presented.
Dave Hamrick,
Director of Aviation
ADDITIONAL SUPPORT MATERIAL
Exhibit A. Background Information
BACKGROUND INFORMATION
BACKGROUND: The Corpus Christi Intemational Airport, Hayden W. Head Terminal
Reconstruction Project is at a point where the new terminal will be opened. The VIP
reception/ribbon cutting ceremony will be held November 1, 2002. The event will be catered
and will include wine and beer. The current Ordinance needs to be amended to allow this.
ADDITIONAL FUNDING INFORMATION: Funding for the wine and beer will be by
private individuals. No City funds will be expended for alcohol.
PRIOR COUNCIL/ADMINISTRATIVE ACTIONS: None
FUTURE COUNCIL ACTIONS: None
BOARD COMMITTEE REVIEW: The Airport Board has been kept abreast of the
development of the new terminal construction project. The Board has concurred with the plans
laid out for the Grand Opening celebration.
I
EXHIBIT A [
Page 1 of I
AN ORDINANCE
AMENDING SECTION 9-37 OF THE CODE OF ORDINANCES RELATING
TO THE CONSUMPTION OF ALCOHOLIC BEVERAGES UPON THE
PROPERTY OF THE CORPUS CHRISTI INTERNATIONAL AIRPORT, TO
ALLOW THE DIRECTOR OF AVIATION TO MAKE EXCEPTIONS FOR
SPECIAL OCCASIONS; PROVIDING FOR SEVERANCE; PROVIDING
FOR PUBLICATION; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS THAT:
SECTION 1. Section 9-37 of the Code of Ordinances is amended to read as follows:
"Sec. 9-37. Consumption of alcoholic beverages; intoxication.
"It shall be unlawful for any person to consume alcoholic beverages upon theproperty of the
Corpus Christi International Airport in areas other than those granted to franchise holders or lessees
who, by contract with the city, have been authorized to sell and allow the consumption of such
beverages in designated franchised or leased areas, except the Director of Aviation may, in his/her
discretion, approve exceptions for special occasions. It shall be unlawful for any person to be in a
state of intoxication upon any of the property of the Corpus Christi IntemationalAirport."
SECTION 2. If, for any reason, any section, paragraph, subdivision, clause, phrase, word or
provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of
com[0etent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase,
woraor provision of this ordinance, for it is the definite intent of the City Council that every section,
paragraph, subdivision, phrase, word and provision hereof shall be given full force and effect for its
purpose.
SECTION 3. Publication of this ordinance shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi, Texas.
SECTION 4. Upon written request of the Mayor or five Council members, copy attached, the City
Council (1) finds and declares an emergency due to the need for immediate action necessary for the
efficient and effective administration of City affairs and (2) suspends the Charter nde that requires
consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed
and takes effect upon first reading as an emergency measure on the day of
,2002.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
Samuel L. Neal, Jr., Mayor
APPROVED AS TO LEGAL FORM on theoltp day of
JAMES R. BRAY, JR., CITY ATTORNEY
By: 0a~,,~, ~
o~P'.Burke,, .~...~'
Jr, Assistant City Attorney
,2002.
14
CITY COUNCIL
AGENDA MEMORANDUM
October 17, 2002
AGENDA ITEM:
Public hearing to consider vacating and abandoning a 26,054.28-square foot portion
of a dedicated 40~foot wide undeveloped public right-of-way within the proposed
Victoria Park Unit 7 Subdivision.
Ordinance vacating and abandoning a 26,054.28-square foot portion of a dedicated
40-foot wide undeveloped public right-of-way within the proposed Victoria Park Unit
7 Subdivision; subject to compliance with the specified conditions and the owner
replatting the property within 180 days at its expense; and declaring an emergency.
ISSUE: Urban Engineering is requesting the vacating and abandonment of the
undeveloped public right-of-way to allow for the future development of Victoria Park Unit
7 Subdivision.
REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and
vacate any portion of street rights-of-way. City Code requires a public hearing prior to the
vacating and abandonment of any street rights-of-way.
RECOMMENDATION: Staff recommends approval of the ordinance on an emergency
basis.
~-~__ 'AngerR. Escobar, P.E.
ru-
Director of Engineering Services
~.y,.~ Art Sosa
Acting Director of Development Services
Attachments:
Exhibit A - Background Information
Exhibit B - Ordinance
Exhibit C - Site Location Map
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
BACKGROUND:
Urban Engineering, is requesting the vacation and abandonment of a 26,054.28-square
foot (20' wide X 1,302.72' long) portion of a dedicated undeveloped public right-of-way
that is adjacent to the west lot line of Lot 25, Section 27, Flour Bluff and Encinal Farms
and Garden Tract (F.B.& E.F.& G.T.). The said portion on the 20-foot street right-of-
way that is being vacated and abandon will be retained as a utility easement to serve
the future Victoria Park Unit 7 Subdivision.
The 20-foot undeveloped street right-of-way vacation and abandonment is part of a
dedicated 40-foot wide undeveloped public right-of-way thats located between Lot 25,
Section 27, Flour Bluff and Encinal Farms and Garden Tract (F.B.& E.F.& G.T.) and Lot
23, Section 32, F.B.& E.F.& G.T. The street right-of-way vacation and abandonment
will allow for the future development of Victoria Park Unit 7 Subdivision. The remaining
portion of the 40-foot wide undeveloped public right-of-way will be closed at a later date
at a time of future development.
All public and franchised utilities were contacted regarding this closure request and no
objections were received.
Staff recommends payment of the estimated fair market value to be ~4~6J?.3_ for the
portion of street right-of-way being vacated and abandoned at owner's request.
EXHIBIT A
LOT $ &M 17ML
MCRa81 !MRC LMLS
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$7 wr
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Lffter1
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$
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swouu am
W
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VGL ° !}7s. 4 -4.1 T
10 P K 7 .
.FU
"
ll
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Eibsi 1V' eor
'p" (IC jammF
I
N
LOT 24 SEM 32
09MW FAW AAD Z& MMur
ROUP BLUFF AND 04
70 ACLLIIAINI
FEWIM AESQB'P1F7W
Y°C A Pga 41-44 Akp
Rxmds of Nr 0"(V, Tams
MAWWW for 8v love of m exp M Aid wdr thf-*FM biq ad
of id A Saffm 27 Rbv BUT ad ExW fam and Arafe7 Tmzk a m¢
of &iL* As re=&W h Mm R Ayw 41-44 Mp iim I of Neem Oxo*
Tema
JOB NO. 08640.07.00
DATE: 10/18/02
EXHIBIT C
�URMI
ENGG
INEERIN
,"" 4 °' SCALE: 1 "= 200'
AN ORDINANCE
ABANDONING AND VACATING A 26,054.28 SQUARE FOOT PORTION
OF A DEDICATED FORTY (40) FOOT WIDE UNDEVELOPED PUBLIC
RIGHT-OF-WAY WITHIN THE PROPOSED VICTORIA PARK UNIT 7
SUBDIVISION; SUBJECT TO COMPLIANCE WITH THE SPECIFIED
CONDITIONS AND THE OWNER REPLATTING THE PROPERTY
WITHIN 180 DAYS AT OWNER'S EXPENSE; AND DECLARING AN
EMERGENCY.
WHEREAS, there is a 26,054.28 square foot portion of a dedicated 40-foot wide undeveloped
public right-of-way within the proposed Victoria Park Unit 7 Subdivision, as recorded in Volume
A, Pages 41-43, Map Records Nueces County, Texas, that the owners, (Owners), wish to have
abandoned and vacated; and
WHEREAS, a public hearing was held on Tuesday, October 29, 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, it has been determined that it is feasible and advantageous to the City of Corpus
Christi to abandon and vacate said portion of the public right-of-way for all purposes, subject to
the provisions below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. That the 26,054.28 square foot portion of a dedicated 40-foot wide undeveloped
public right-of-way within the proposed Victoria Park Unit 7 Subdivision, as recorded in Volume
A, Page 41-43, Map Records Nueces County, Texas is abandoned and vacated for public use as a
public right-of-way, subject to Owner's compliance with the following specified conditions as
part of the abandonment and vacation:
Payment of fair market value is set at $4,496.23 for the total 26,054.28 square foot
portion of a dedicated 40-foot wide undeveloped public right-of-way within the proposed
Victoria Park Unit 7 Subdivision to be abandoned and vacated at Owner's expense.
That the 20-foot wide portion, of the 40-foot wide undeveloped public right-of-way, to be
abandoned and vacated be retained as a 20-foot wide utility easement.
The abutting property Owners must replat their respective properties within 180 days at
Owner's expense; provided however, the City Engineer may extend the time limit for an
additional 180 days if extenuating circumstances outside the Owner's control necessitate
an extension.
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
\\CITYHALL02\USERS\LEG-DIR\JOSEPH\WORD\ORD-VicPrk.doc
necessary for the efficient and effective administration of City affairs and (2) suspends the
Charter role that requires consideration of and voting upon ordinances at two regular meetings so
that this ordinance is passed and takes effect upon first reading as an emergency measure this the
29th day of October, 2002.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
Legal form approved
James R. Bray, Jr.
City Attorney
2002
By:
Joseph Hamey
Assistant City Attorney
\\CITYHALL02\USERS\LEG-DIR\JOSEPH\WORD\ORD-VicPrk.doc
15
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM:
Corpus Christi Beach Association's "Back to the Boardwalk" Project
Briefing
OUTSIDE PRESENTER(S):
Name Title/Position Organization
1, Steve Bonilllas Co-Chairperson, Corpus Christi Beach Association's
"Back to the Boardwalk" Project
STAFF in Attendance:
Name
1. Angel Escobar
2. Patricia Garcla
Title/Position Department
Director, Engineering Services
Grants Administrator, Budget & Management
ISSUE:
General briefing and overview of the "Back to the Boardwalk" project by the Corpus
Christi Beach Association's Co-Chairperson, Steve Bonillias.
REQUIRED COUNCIL ACTION:
No action necessary. Presentation is for informational purposes only.
Additional Background []
Exhibits X
David R. Garcia
City Manager
Corpus Christi Beach Association and Concrete Street Amphitheater
Presents
Back to the Boardwalk!
2~a Annual Festival and Carnival
November 1 - 3, 2002
Corpus Christi Beach Association, and our big,g~est sponsor, Concrete Street
Amphitheater, would like to invite you to the 2 annual "Back to the Boardwalk" festival
and carnival The weekend ofNovember 1~t will be filled with fun at two locations this
year! A carnival, food booths, arts and crates, free bands, and live entertainment are
guaranteed to keep you hopping at the wonderful Concrete Street Amphitheater. Right
over the bridge on Corpus Christi Beach will be a petting zoo, parades, and a silent
auction. We are sure that you will want to be a part of our tmdltion, so if you participated
last year- welcome back! If you missed last year- come aboard and help us celebrate!
Our ongoing mission as a non-profit organization is to direct and plan support for the
beautification, economic development and tourist attractions for the area of Corpus
Christi Beach. Our visionary projection is to become an acclaimed recreational area for
tourism while preserving and protecting the natural environment of Corpus Christi Beach.
Our plans also include being rec%mized as advocates for a handicap accessible beach.
Our humble efforts were rewarded last year when the office of the Assistant City
Manager noticed our "Boardwalk" fund-raisers and offered to assist us. With the help and
support from the office of Tom Utter and Patty Garcia, we were awarded a grant for the
f'n:st section of our Boardwalk. They took our vision, along with our statistics and
research, and wrote the grant. So here comes our Boardwalk!
Our main goal for the 2002 carnival and festival is to raise the rest of the money needed to
begin construction on the first phase of our Corpus Christi Beach Boardwalk. We have
received bids from contractors and have the basic design drawings in place. Building the
boardwalk in phases will probably be necessary but what an exciting undertaking this will be
for all of us! The plan is to connect the Corpus Christi Beach area fi'om the USS Lexington to
just past Villa Del Sol Condominiums with this boardwalk and make the boardwalk handicap
access~le. Major contributing sponsors will receive the opportunity to place their name in
history by purchasing a bench on a section of the boardwalk. This bench will have the
sponsor's name engraved on a plaque and placed in a permanent position on their bench!
Stay tuned for more updates and be assured that you will be contacted soon to help make
the 2002 carnival and festival a great success! We can't do it without you. Sponsorships
can be bought in various amounts with many degrees of benefits, as well as the pride you
can take in being a part of a walking monument! A great big THANK YOU to our friends
at Concrete Street!
CORPUS.
BACK TO THE BOARDWALK
NOVEMBER FESTIVAL
November 1, 2, 3
2002
Friday, Saturday, Sunday
Donation Request
Nonprofit Certification ID//
Date(s)
Your Name
Name of Organization or Business
Address
Telephone (Home).
Reason for RequesffPurpose:
.(Business)
SPECIFICS OF EVENT/REQIYEST
Date of event November 1, 2, 3, 2002 Need response by October 1, 2002
Type of request (Specific items, Sponsorships, Vendor objects)
Location of Event Concrete Street Amphitheater 800 Concrete Street Corpus Christi, Tx.
How many attending?.
Benefits to You
CORPUS
'Ba k to oa dwa2b]'
IqoYe~,tl..,-e~ 1 ~3, 2002
$100.00 Sun Fi,~;n
A A v e,,~P~,~F r ~ o~ oah p o ~ s
Five Fe. stiv a.1 P a43es
July 9, 2002
Maria Davis
Corpus Christi Beach Association
C/O Villa Del Sol
3938 Surfside Boulevard
Corpus Chdsfl, Texas 78402
Dear Ms. Davis:
The City of Corpus Christi is excited to collaborate with the Corpus Christi Beach
Association to construct a boardwalk on Corpus Christi Beach that will link
together hotels and businesses along the beach, while improving beach access
for visitors, citizens, and the disabled. Thanks to your efforts in developing the
boardwalk concept and fundraising for construction costs, the project will start its
first phase in the near futura.
As you know, the City of Corpus Chdsfi securad a grant of $60,000 from the
Texas General Land Office with leveraged rasources raised by the Corpus Chdsti
Beach Association. With future funds raised by the Corpus Christi Beach
Association, city staff can pursue additional state and federal funding to complete
the project. Upon completion of the project, the City of Corpus Christi will
maintain the boardwalk.
The City of Corpus Chdsti supports your continuous fund-raising efforts for this
project. Please contact Patdcia Gamia, Intergovernmental Relations Specialist, at
844-1785, if you need any additional information regarding this project.
City Manager
Office of the City Manager
P.O.Box 9277 · Corpus Christi, Texas 78469-9277 · (36D 880-3220
June 20, 2002
P200.00227
TO:
FROM:
RE:
INTERESTED PARTIES
BOARDWALK COMMITTEE
BRING BACK THE BOARDWALK- INFORMATION AND
CONCEPTUAL SKETCH
THE ATI'ACHED SKETCH IS VERY PRELIMINARY AND IS INTENDED TO BE
USED AS A STARTING POINT FOR DETAILED PLANNING AND DESIGN.
I. CURRENT STATUS
A. The project is in its very preliminary development.
The City of Corpus Cluisti, from a Texas Coastal Management Program
Grant, is providing $60,000 for the initial phase. Local Beach interests will
have to raise an additional $40,000 to provide the $100,000 for Phase L
C. The project's total cost is about $400,000, and it will be built in phases
be~nning near the Lexington.
D. The initial Boardwalk Festival was held in October 2001, and the 2002
Festival is planned for November 1-3, 3002.
II. PROJECT CONCEPT
The boardwalk is to be built from the vicinity of the Lexington to near Villa
del Sol- and eventually further north i_f residents north of Villa del Sol want
to see it extended past their property. The total length is 4,500-~: feet to near
Villa del Sol.
The primary objective is to stimulate renewal of the beach by pmvidin~ a safe
and unimpeded walk along the backside of the beach linking the more
commercial and more heavily visited south end of Corpus Christi Beach.
C. Additional benefits are anticipated to include:
Serve as an economic development catalyst by increasing business at
existing establishments and attracting new beach oriented businesses, as
well as a catalyst for new hotels and condominiums.
Memo to Interested Parties
06/20/02
Page 2 of 2
P200.00227
Improve security by providing a continually lighted strip along the
backside of the beach with emergency call stations.
Improve accessibility, including meeting applicable ADA (Americans
with Disabilities AC0 requirements.
Help concentrate visitors toward the southern half of the beach with the
northern portion receiving less intensive use, thereby providing an area for
those desiring a more natural, less populous area.
The detailed plans and designs remain to be developed. The Committee
and City want to involve all interested stakeholders in the detailed
planning. Anticipated major features are expected to be the following.
a. The width will be approximately 10 feet with a provision to widen if
future use justifies. There will be extensions onto the beach and wide
areas with benches for resting.
b. The construction material has not been decided; it may be wood,
concrete, synthetic wood, asphalt, or a combination thereof.
c. The boardwalk will be located along the backside of the beach near the
private property line. Such a location should: (i) minimize interference
with the public beach; (ii) attract beach related business on the private
land; and (iii) help reduce storm damage.
d. The project will be fully ADA accessible.
e. There will be lighting, emergency call stations, benches, trash
receptacles, etc.
f. The boardwalk will be designed to be as hurricane resistant as
practical and require a minimum of maintenance.
alTls
.. _.
,. =""f
T , . ,�„,. _ ._
16
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM: Cdme Control and Prevention Distdct Highlights of Four Years
STAFF PRESENTER(S):
Name TiflelPosifion Department
1. Bryan Smith Commander Police
OUTSIDE PRESENTER(S):
Name
1. Linda Bridges
Title/Position O~anizaflon
Chairman Crime Control and Prevention
District Board of Directors
ISSUE: The Crime Control and Prevention District has completed 4 years and 3
months of service to the community. The presentation will summarize the
accomplishments.
I{EQUIRED COUNCIL ACTION: None
Chief of Police
BACKGROUNDINFORMATION
With the final 10 officers released to the streets on October 24, the Board would like to
highlight all the accomplishments of the District.
l.. Directed Patrol Program and Citizen Advisory Councils - 8 officers ,/ Officers graduated from the Police Academy in July 1999.
,/ 13 councils have been established based on middle school boundaries.
v* 241 gang and drug houses boarded
v' Neighborhood Restoration: 30 tons of trash and abandoned vehicles removed.
2. Campus Crime Stoppers Program - 1 officer
· ,' Program began April 1999.
Programs are underway at seven
high schools/six middle schools.
· / Awards for TIPS = $10,476
v' Total cases = 277
v' Confiscated Weapons = 48 cases
· / Confiscated Drugs = 141
Theft = 24
Bomb Threats = 5
Sexual Assault = 1
Other felonies = 13
Other offenses = 64
3. Street Lighting Project
,/ Over 300 locations have either been enhanced or added.
4. Expand the Juvenile Enforcement Team - 10 officers
,/ Officers deployed in January 1999.
5. Expand the Canine Unit - 1 officer
,/ Total street value of drugs seized =
$588,600
· 185 pounds of marijuana
· 243 ounces of methamphetamine
· 132 ounces of cocaine
· 22 ounces of crack cocaine
Cash seized = $7,000
Vehicles seized = 7
School/public demonstrations = 42
Ships searched = 5
6. Juvenile Curfew and Truancy Assessment Center
v' Total intakes: 1,183
v' Repeat offenders = 91
,/ Total families using case management services = 391
7. Police Legal Advisor
· / Hired
8. Pawn Shop Detail
~ Pawn shops downloaded 1,833,333 pieces of property into computer system.
9. Overtime DWI/Traffic Enforcement
,,' DWI $32,857
· 53 DWI arrests
· 1.260 citations
10. Video Imaging System
· ~ Operational
11. Replacement of High Mileage Vehicles
Recovered 5,996 items with a total value of $1,175,423
1,080 cases solved as result of recovered property.
Prior to detail, only $60,000 was recovered annually.
Traffic $5,601
· 442 citations
v' 16 marked replacement vehicles purchased and deployed.
v~ 19 marked additional vehicles purchased and deployed.
v~ 10 unmarked vehicles have been purchased and deployed.
12. Prisoner Transport Vehicle
v' Purchased and deployed.
13. Crime Scene Vans
v~ 4 replacements and one additional van purchased and deployed.
14. Expanded Bicycle Patrol- 5 Officers
~ Assigned 8/01/2000
15, Implemented Walking Motors- 3 Officers
~ Assigned 01/01/2001
16. Expanded Traffic Safety Section- 2 Officers
v Assigned 08/01/2000
17. Routine Patrol = 20 Officers
· / 10 officers assigned 0112001
~' Final 10 officers graduated Police Academy 10/24/02
17
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM: Bond Issue 2000 Quarterly Report #6
October 29, 2002
CITY STAFF PRESENTER(S):
Name
1. 'Angel R. Escobar
OUTSIDE PRESENTER(S):
Name
1. N/A
Title
Director
Title/Position
Dept/Division
Engineering Services
Organization
ISSUE: This is a quarterly report on the status of the voter-approved Bond Issue
2000 projects.
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 approved 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.
REQUIRED COUNCIL ACTION:
None Required.
· ,~/r~el R. Escobar, P.E.
Director of Engineering Services
18
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
October 29, 2002
AGENDA ITEM: Update on Seawall, Sidewalk and Marina Bulkhead project
(Bond Issue 2000)
CITY STAFF PRESENTER(S):
Name Title
1. 'Angel R. Escobar Director
Dept/Division
Enginccring Sewices
OUTSIDE PRESENTER(S):
Name
1. Jeff Massengill
Title/Position
Executive Vice President
Organization
Shiner, Moseley &
Associates
ISSUE: This presentation will include a comprehensive update on the status of
Phase One construction of the seawall and the upcoming schedule for the next
phase of construction.
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 included a 1/8-Cent Sales Tax Increase for repairs to the
City's Seawall infrastructure. The sixty year old structure has had very limited repair during
its life and the strength of the structure is rapidly deteriorating. These repairs are
necessary to enhance and extend the life of this structure, which is a major component of
the downtown flood protection system.
REQUIRED COUNCIL ACTION:
None Requimd.
~f~gel R. Escobar, P.E.
Director of Engineering Services
_~ Outline
Introduction
Brief History
Project Components
Progress to Date
Schedule of Remaining Improvements
Questions
~ History
· $45 Million Project
· Multiple Components
· Multiple Contracts
· 5 Years to Complete
· Design Started in 2001
· Finish Mid-Late 2006
Flood Protection System
Backwater Levee Gates
Lower Level Bulkhead at Art Museum
Seawall "~ 5 Contracts
· Pilot & B-1 - Barge Dock to Power St.
· B-2, Part A - T/L Heads
· B-2, Part B - Peoples St. to Power St.
+ C - Marina Reach
-* D McGee Beach
Backwater Levee Storm
Gates
Original Gates
?
2
New Gates
~ Art Museum Bulkhead
!Week I
4
~ Week 8
~_. Week 14
I~Week 20
5
I~. Seawall Contracts
Traffic Control
~ Drilling Dowels
6
~ Closing
· On Schedule
· In Line with Budget
· Questions
· Thanks
7
19
AGENDA MEMORANDUM
DATE: October 29, 2002
SUBJECT: Seawall Reconstruction Project B-2 (Part A & Part B) - Project No. 3172
AGENDA ITEM:
a. Motion authorizing the City Manager, or his designee, to execute Amendment No. 8
in the amount of $2,214,900 with Shiner Moseley and Associates, Inc. for the
Seawall Reconstruction Project B-2 (Part A and Part B).
b. Motion authorizing the City Manager, or his designee, to execute a geotechnical
services contract in an amount not to exceed $126,820 with Fugro South, Inc.
ISSUE: Engineering and geotechnical contracts are necessary to develop the plans,
specifications and contract documents to proceed with the Seawall Reconstruction
projects.
RECOMMENDATION:
Staff recommends approval of the motions as presented.
/
Ag'g~l R. Escobar, P. E.
Director of Engineering Services
Attachments:
Exhibit A.
Exhibit B.
Exhibit C.
Additional Background Information
Location Map/Drawings
Contract Summaries - Engineering
H:\HOME~KEVIN S\G E N\SEAWALL\B2\^AWDmemo.doc
ADDITIONAL INFORMATION
PRIOR ACTIONS:
This project has involved a number of complex actions. The most significant Council and
administrative actions are attached. See Exhibit A-1.
FUTURE COUNCIL ACTION:
Award of materials testing and construction contracts for:
· Seawall Reconstruction Contract B-2;
Award of engineering, materials testing and construction contracts for: · Seawall Reconstruction Contract C; and
· Seawall Reconstruction Contract D.
BACKGROUND:
The Bayfront Protection Structures include a number of improvements.
those improvements and their condition is attached. See Exhibit A-2.
A summary of
PROGRAM SCOPE: The Seawall Reconstruction Project B-2 was expanded to include the
Cooper's Alley L-Head. The Cooper Alley L-Head was originally programmed as part of
Contract C. The work will be in addition to the repair of the Lawrence Street T-Head. This
will complete all of the programmed repairs associated with the landmasses. Repair of the
seawall will extend from the Power Street storm water out-fall in front of the Federal
Courthouse south to the Peoples Street T-Head.
PROJECT SCHEDULE: The Seawall Reconstruction Contract B-2 phase will result in the
repair of approximately 62 panels involving some 2,500 linear feet of seawall and
approximately 3,000 linear feet of landmass bulkheads. Work associated with the T and
L-Head is anticipated to begin construction in September 2003 and be complete by May
2004.
The Seawall work will begin at the panel closest to the Power Street out-fall proceed south
to People Street. Work on the Seawall will begin January 2004 and be complete during
March 2006.
The construction project will include:
1. new sheet pilings capable of carrying the increased weight of a future concrete
overlay of the concrete steps;
2. filling voids;
3. repairing or sealing cracks and expansion joints;
4. installing a new sidewalk;
5. conduit and pedestals for lighting.
RECOMMENDATION: Approval of the motions as presented.
Exhibit A
Page I of 1
H:\HOM E\KEVIN S\GEN\S EAWALL\B2\^CtrAwdBKG ExhA.doc
PRIOR ACTIONS
PRIOR COUNCIL ACTIONS:
1. November 25, 1997 - Approval of seawall investigation and use of Gateway proceeds (M97-
347);
2. March 24, 1998-
· Motion authorizing the execution of a contract in the amount of $36,804 with Bracco
Construction Co. for Seawall Inspection at Panels 205 and 206 (M98-084);
· Motion to authorize award of a seawall condition assessment in amount of $386,000 to
Shiner Moseley and Associates, Inc. (M98-085);
· Motion to authorize execution of a Contract for Geotechnical, Laboratory, and
Petrography Services related to the Seawall Investigation Project with Bacon
Engineering, Inc. for a fee not to exceed $49,000 (M98-086); and
· Motion to authorize execution of a Contract for Non-Destructive/Non-lnvasive
Investigation Services for the Seawall Investigation Project with W. G. Jaques Company
for a fee not to exceed $86,210 (M98-087).
3. May 29, 2001 -
· Motion authorizing the City Manager, or his designee, to execute Amendment No. 5 for
engineering services in the amount of $581,000 with Shiner Moseley and Associates,
Inc. for the Pilot Seawall Reconstruction Project (Contract A) and Seawall
Reconstruction Project B-1 (M2001-208); and
· Motion authorizing the City Manager, or his designee, to execute a geotechnical and
materials testing contract in an amount not to exceed $79,602 with Fugro South, Inc.
(Gulf Coast Testing Laboratory) for the Pilot Seawall Reconstruction Project (Contract A)
and Seawall Reconstruction Project B-1 (M2001-209).
4. January 15, 2002 - Motion authorizing the City Manager, or his designee, to execute
Amendment No. 6 for engineering services in the amount of $87,700 with Shiner Moseley
and Associates, Inc. for the Pilot Seawall Reconstruction Project (Contract A) and Seawall
Reconstruction Project B-1 (M2002-022).
5. April 30, 2002
· Motion authorizing the City Manager, or his designee, to execute a construction contract
in the amount of $6,127,099.50 with Laughlin Environmental, Inc. for the Seawall
Reconstruction Project Pilot Program and Contract B-1 (M2002-123).
· Motion authorizing the City Manager, or his designee, to execute an engineering
materials and construction contract with Fugro South in an amount not to exceed
$49,700 for the Seawall Reconstruction Project Pilot Program and Contract B-1 (M2002-
124).
· Motion authorizing the City Manager, or his designee, to execute Amendment No. 7 with
Shiner Moseley and Associates, Inc. in the amount of $127,100 for additional
construction inspection and management services contract for the Seawall
Reconstruction Project Pilot Program and Contract B-1 (M2002~125).
PRIOR ADMINISTRATIVE ACTIONS:
1. June 8, 1998 - Award of Amendment No~ 1 (additional testing) in amount of $13,470 to
Bacon Engineering, Inc. for Geotechnical, Laboratory, and Petrography Services related to
the Seawall Investigation Project;
2. February 11, 1999 -Award of Amendment No. 1 (Backwater Levee Gate Report) in amount
of $14,350 of seawall condition assessment contract with Shiner Moseley and Associates,
Exhibit A-1 ]
Page 1 of 2
Inc.;
3. Auqust 26, 1999 - Award of Amendment No. 2 (Design of Backwater Levee Gate Structures)
in amount of $-0- (change of scope) of seawall condition assessment contract with Shiner
Moseley and Associates, inc.;
4. December 8, 1999 - Award of Amendment No. 3 (Backwater Levee Gate Structures
Foundation and Railroad coordination) in amount of $14,350 of seawall condition
assessment contract with Shiner Moseley and Associates, Inc.; and
5. March 27, 2000 - Award of Amendment No. 4 (Backwater Levee Gate Structures
Construction Phase) in amount of $13,330 of seawall condition assessment contract with
Shiner Moseley and Associates, Inc.
Exhibit A-1
Page 2 of 2
STEPPED
SEAWALL
g
PEOPLES ST.
T-HEAD
LAWRENCE ST.
T-HEAD
COOPER'S
ALLEY
L-HEAl
LEGEND
CONTRACT B-2 PART A
CONTRACT B-2 PART B
~ EXH!BIT "B"
SUBJECT. SEAWALL RECONSTRUCTION PROJECT B-2
,....,.,,,,.--- -- (PART A & PART B) - PROJECT NO. 3172
SITE MAP
r
Traffic Engineering Div.
Engineering Services Dept.
AMENDMENT NO.8
SEAWALL RECONSTRUCTION PROJECT - CONTRACT B-2, PARTS A & B
CONTRACT SUMMARY
The project will involve the second and third construction contracts of the Seawall
Reconstruction Program. The two proposed construction contracts will involve two
separate bid packages: Part A: Lawrence Street T Head and Coopers Alley L Head
Repairs, and Part B: Seawall Reconstruction from Peoples Street to Power Street
Outfall.
1. SCOPE OF SERVICES
A. Basic Services
Design Phase. Upon receiving authorization to proceed, the Engineer will:
a. Study, verify, and implement design recommendations outlined in the
Engineers' report including construction sequencing, connections to the
existing facilities, and restoration of property, and incorporate these plans
into the construction plans. Development of the construction sequencing
will be coordinated with the Director of Engineering.
b. Prepare one set of Construction Bid Documents in City format (using City
Standards as applicable), including Contract agreement forms, general
conditions and supplemental conditions, invitation to bid, instruction to
bidders, insurance, bond requirements, and preparation of other contract
and bid related items; specifications and drawings to fix and describe, for
one bid package, the size and character of the entire Project; description
of materials to be utilized; and such other essentials as may be necessary
for construction and cost analysis.
Prepare opinions of probable costs and probable construction schedule.
Furnish one copy of 60% cbmplete plans (plans only - identify needed
specifications) to the City staff for review and approval purposes with
opinions of probable construction costs.
Furnish complete bid documents including specifications for City staff
review and approval. Provide one copy of 100% complete plans and bid
documents to the City staff for review and approval purposes with revised
estimates of probable costs. Identify distribution list for plans and bid
documents to all affected utilities including City and all other affected
entities, compile comments and incorporate any requirements into the
plans and specifications, and advise City of responding and non-
responding participants.
Provide Quality Assurance/Quality Control (QA/QC) measures to ensure
that submittal of the 60% and 100% complete plans and complete bid
documents with specificatioris accurately reflect the percent completion
designated and do not necessitate an excessive amount of revision and
L Exhibit C
=
correction by City staff. The Engineer shall submit a letter declaring that all
engineering disciplines of all phases of the submittals have been checked,
reviewed, and are complete prior to submission, and include signature of
all disciplines including structural, civil, and marine.
g. Upon approval by the Director of Engineering Services, provide one (1)
set (hard copy and electronic) of final plans and contract documents
(including electronic format) suitable for reproduction (in City format) and
said bid documents henceforth become the sole property and ownership
of the City of Corpus Christi.
h. The City agrees that any modifications of the submitted final plans (for
other uses by the City) will be evidenced on the plans and be signed and
sealed by a professional engineer prior to reuse of modified plans.
i. Assimilate all review comments, modifications, and additions/deletions
and proceed to next phase, upon Notice to Proceed.
j. Prepare USCE permit applications and exhibits for City submission.
Bid Phase. The Engineer will:
a. Participate in the pre-bid conference.
b. Assist the City in solicitation of bids by identification of prospective
bidders, and review of bids by solicited interests.
c. Review all pre-bid questions and submissions concerning the bid
documents and prepare, in t~e city,s format, for the Engineering Services'
approval, any addenda or other revisions necessary to inform contractors
of approved changes prior to~bidding.
d. Attend bid opening, analyze I~ids, evaluate and prepare bid tabulation, and
make recommendations concerning award of the contract.
Construction Phase. The Engineer will perform contract administration to
include the following:
a. Participate in pre-construction meeting.
b. Review for conformance to contract documents, shop and working
drawings, materials, and other submittals.
c. Review field and laboratory tests.
d. Provide interpretations and clarifications of the contract documents for the
contractor and authorize minor changes that do not affect the contractor's
price and are not contrary to the general interest of the City under the
contract.
e. Make visits to the site of the'~Project to confer with the City Engineer and
contractor to observe the general progress and quality of work, and to
determine, in general, if the work is being done in accordance with the
contract documents. This will not be confused with the project
I Exhibit C
representative observation or continuous monitoring of the progress of
construction.
Prepare change orders (coordinate with the City's construction division),
provide interpretations and clarifications of the plans and specifications for
the contractor, and authorize minor changes that do not affect the
contractors price and are not contrary to the general interest of the City
under the contract.
Make final project walk-through with City staff and provide the City with a
Certificate of Completion for the project.
Review construction "red-line" drawings, prepare record drawings (in
future contract amendment) of the Project as constructed (from the "red-
line" drawings, inspection, and the contractor provided plans) and deliver
to the Engineering Services a reproducible set and electronic file
(AutoCAD r.2000) of the record drawings. All drawings will be CADD
drawn using dwg format in AutoCAD, and graphics data will be in dxf
format with each layer being provided in a separate file. Attribute data will
be provided in ASCII format in tabular form.
B. Additional Services
This section defines the sc,ope for c~)mpensation for additional services that may
be included as pad of this contract, but the Engineer will not begin work on this
section without specific written approval by the Director of Engineering Services.
Fees for Additional Services are 'an allowance for potential services to be
provided. The Engineer will, with written authorization by the Director of
Engineering Services, do the following:
ADDITIONAL SERVICES PART A
· Topographic and hydrographic surveying prior to design, to allow preparation of
plans, and specifications as outlined above.
Project observation services will be provided periodically (as differentiated from
extensive or continuous) for the duration of the construction contract. At this time,
it is estimated that the construction contract will have a duration of 9 months, with
a 4 months ovedap period, with the Seawall-Pad B construction period. For the
purposes of the fees as ca cu ated h.~ereinafter, the assumption has been made to
allow time for 40 hours/week for the first 4 months, and 15 hours per week for the
remaining 5 months. The purpose of the site observations will be to observe the
materials and techniques utilized during the performance of the work, as well as
checking for general compliance with the plans and specifications.
A pre-design underwater survey will be performed in the area of work under this
contract. Random probing (not continuous) at the toe of the existing sheet piling
will be performed to look for debris that might interfere with the advancement of
[ Exhibit C ]
the new sheet piling (only at Joe's Crab Shack and the travelift storage building).
In addition, a general condition survey will be performed on any visible sheet
piling penetrations with measurements collected in sufficient detail to allow
construction drawings to be developed. A complete 100-pement visual survey is
not intended to be provided for all su. bmerged surfaces.
Provide for a walk through observation and preparation of a brief letter type
report at the end of the warranty period, including minor remedial activities/follow
up necessary.
Prepare and submit U.S. Army Corps of Engineers Section 10/404 permit
Amendment for section(s) of new bulkhead on the T/L Head Project.
Provide for a TDLR Consultant to advise Engineer on how to make new
improvements ADA compliant and accessible and for the TDLR and review fees.
ADDITIONAL SERVICES (PART B)
· Topographic and hydrographic su~eying prior to design, to allow preparation of
plans and specifications as outlined in Basic Services.
Field investigation and mapping of existing crack and spail sizes, lengths,
locations, and plotting of the field data that will allow preparation of crack repair
plans and specifications, as a part of the work outlined in Basic Services.
Project observation services will be provided periodically (as differentiated from
exhaustive and continuous) for the duration of the contract, which of this time is
estimated to be 23 months. For the purposes of the fees calculated hereinafter,
the assumption has been made to allow time for 40 hours/week for the first 6
months and 30 hours/week for the second 17 months. Construction surveying
and dimensional control will be the responsibility of the contractor, not the
Engineer.
A pre-design underwater survey wil! be performed in the area of work under this
contract. Random probing (at 20' intervals, not continuous) at the toe of the
existing sheet piling will be performed to look for debris that might interfere with
the advancement of the new sheet piling. In addition, a general condition survey
will be performed on the stormwater outfall penetration measurements collected
in sufficient detail to allow construction drawings to be developed. A complete
100-percent visual survey is not intended to be provided for all submerged
surfaces.
Note: Monitoring structure movement and providing an after-construction
underwater survey will be provided by the construction contractor based on
specifications prepared by Engineer.
Exhibit
Up to four (4) briefings with council during the construction process, along with
three (3) public involvement press briefings during key work elements such as
groundbreaking, pile driving and concrete placement.
Provide for a walk through observation and preparation of a brief letter type
report at the end of the warranty period, including minor remedied action and
follow up necessary. This work would also cover warranty work for contract B-1.
Provide for a TDLR consultant to advise the Engineer on the new improvements,
for ADA complaint/ accessibility and for the payment of the TDLR
processing/review fees. In addition, coordination of architecture services will be
provided to interface with the artist to be provided (and paid by) the City. For
purposes of this contract, there is no structural design allowed for any artwork, as
it is anticipated that the work will be primarily diagrammatic or specification
based.
This schedule is subject to revision after contract award upon mutually agreeable terms
to both the City and the Engineer.
C. Summary of Fees
Original Contract with Amendments 1, 2, 3, 4, 5, 6, & 7 ................... 1,450,330
AMENDMENT No. 8
Part A - T/L Head
Fee for Basic Services
1. Design Phase ................................................................. 478,700
2. Bid Phase ......................................................................... 19,600
3. Construction Phase ............. ; ............................................ 21,000
Part A Subtotal Basic Services Fees ........................... 519,300
Fee for Additional Services
1. Topographic and Hydrographic Survey
la. Pre-design ................................................................. 58,600
lb. During Construction (by Construction Contractor) ................ 0
3. Construction Observation ............................................... 148,800
4. Underwater Examination (pre-design only) ...................... 44,800
5. Warranty Phase .............................................................. 10,600
6. Permitting (USCE Permit Amendment) .............................. 8,400
7. TDLR Consultant and Fees ............................................ 16,100
Part A Subtotal Additional Services Fees ................... 287,300
Part A Subtotal Fees (Basic and Additional Services) .............. 806,600
Summary of Fees continues on following page.
Exhibit
C. Summar
, of Fees (continued)
Part B - Seawall from Peoples Street to Power Street Outfall
Fee for Basic Services
1. Design Phase ................................................................. 691,000
2. Bid Phase ......................................................................... 29,700
3. Construction Phase .......................................................... 37,300
Part A Subtotal Basic Services Fees ........................... 758,000
Fee for Additional Services
1. Topographic and Hydrographic Survey
1 a. Pre-design ................................................................. 41,800
1 b. During Construction (by Construction Contractor) ................ 0
3. Crack Mapping ................................................................. 35,100
3. Construction Observation .............................................. 459,700
4. Underwater Examination (Pre-design only) ..................... 37,400
5. Presentations and Miscellaneous Meetings ...................... 18,100
6. Warranty Phase ............................................................... 10,300
7. Architectural Consultant and Aerial Photography ............ 35,900
7. TDLR Consultant and Fees ............................................ 12,000
Part B Subtotal Additional Services Fees ................... 650,300
Part B Subtotal Fees (Basic and Additional Services) .......... 1,408,300
Amendment No. 8 Total Fee ..:. ........................................................ 2,214,900
Total Fees ........................................................................................ 3,665,230
Exhibit C ]
20
CITY COUNCIL
AGENDA MEMORANDUM
DATE: October 25, 2002
AGENDA ITEM: Resolution authorizing the City Manager, or his designee, to respond to
the Governor's Seawater Desalination Demonstration Initiative.
ISSUE: Governor Perry has directed the Texas Water Development Board to develop a
recommendation for a demonstration seawater desalination project as a step toward
securing an abundant water supply to meet Texas' future water supply needs.
In support of this effort, the Texas Water Development Board is asking for Statements of
Interest from project proponents of seawater desalination projects. The Coastal Bend has
long been interested in developing drought-proof water resources including desalination.
Accordingly, we are responding to the TWDB Statement of Interest with a proposal to co-
locate a desalination facility at the Barney Davis power plant as envisioned in the 2001
Coastal Bend Regional Water Plan.
Based on the foresight of previous City Councils and our local partners, the City of Corpus
Christi has secured adequate water supplies to meet the water needs of our regional
system until the year 2060. We see this desalination project as an opportunity to secure
a new water supply that would better enable us to work cooperatively with our regional
neighbors to meet future water needs while continuing to protect our existing water rights.
In order for our proposal to be successful, we will need as much support as possible. We
have received local letters of support from Lavaca-Navidad River Authority, University of
Texas Marine Science Institute, Nueces River Authority, and State Regional Water
Planning Groups P and N, and Coastal Bend Bays & Estuaries Program, Inc.
Attached are the proposed Statement of Intent from the City, resolution, letters in support,
and a copy of the State's request.
RECOMMENDATION: City staff recommends approval of the resolution.
na~.~ Massey
Assistant City Manager
Demonstration Seawater Desalination Project
for Texas and the Coastal Bend
General Statement
Over the past twenty-five years, the City of Corpus Christi has been recognized as one of the
leading coastal governmental entities in providing and securing water resources and supplies for
not only its citizens, but also its region. During this time period, the City has expended hundreds
of millions of dollars in not only completing our surface water reservoirs, but also securing water
rights from other watersheds and tying those water supplies into our region through the
completion of the Mary Rhodes water pipeline. The City had also begun the process of
designing a brackish water desalination plant to move the City into the future.
The City is in a unique positio~ to meet the goals of the Governor's Seawater Desalination
Initiative because of our proven ability to complete very large scale water projects, our close
proximity to users, broad local and regional support, and our ability to provide water to areas
currently with substantial need outside of our immediate service area.
It is the City's intention, working with our local partners, to bring together the resources,
expertise, and experience of some the world's leading water resource companies to develop a
state-of-the-art, world class desalination facility which will serve as a springboard for
desalination water research and development in Texas.
Overall, the City feels confident that working with our partners we can bring online such a
desalination facility. While protecting all of our existing water rights, this process will allow sales
of water to other areas that will not only benefit those other areas, but also maintain current
price levels for our existing customers while increasing the overall available water supply.
Project Proponent
The City will be the Project Proponent, and proposes the project be undertaken using a
designlbuildlown/operate/transfer (DBOOT) project delivery model. This arrangement has
proven to be a successful, cost-effective development tool on seawater desalination projects
around the world, including the two large-scale desalination projects in North America clJrrently
being undertaken for the Tampa Bay Water Authority and the Metropolitan Water District of
Southern California.
The project structure (Attachment 1) of the proposed "Texas Coastal Bend Desalination Project"
envisions the City entering into a long-term water purchase agreement with a to-be-created local
governmental entity, hereinafter referred to as the Governmental Contracting Organization
(GCO), who will be responsible for securing a contract with a Project Guarantor for delivery of
25 million gallons per day (mgd) of potable water on a take or pay firm fixed price contract. The
Project Guarantor will be responsible for designing, permitting, building, owning, operating, and
supplying the water to the GCO, who in turn will supply the City with 25 million gallons per day
(mgd) of potable water under a take-or-pay arrangement. The contract will have provisions that
allow for the GCO or the City to assume ownership of the project at the end of a fixed period of
years or at any time to meet possible bond issue regulations.
Based on increased water resources available from the desalinated seawater, the City proposes
to enter into Memorandums of Understanding (MOUs) with other water users to supply water
from the increased resources available when the proposed plant becomes operational. The
most relevant qualification for the City -- on behalf of its public partners -- to act as Project
Proponent is its demonstrated ability for long-term water planning, management, and delivery on
behalf of the citizens living in its service area.
The City will enter into a Memorandum of Understanding (MOU) with the GCO to handle the
contracting and financing of this project and to begin due diligence work to insure project
completion in less than four years. The GCO will contract with a Project Guarantor to develop a
firm fixed price contract for water from the facilities for the life of the project. There are several
potential sites being considered for siting the desalination facility and details of the location will
be finalized during the preliminary design phase. For cost estimation purposes, a site at or near
the Barney Davis Power Station has been used. If the Barney Davis site is used, an additional
MOU or a purchase contract with AEP will be needed.
Project Description
Seawater from the Gulf of Mexico/Laguna Madre- a truly drought-proof soume - will be used as
feedwater to produce 25 million gallons per day (mgd) of potable water using state-of-the-art
reverse osmosis membrane technology. A review of available seawater desalination processes
has determined reverse osmosis to be the most technically feasible, environmentally sensitive,
and cost-effective technology for the proposed project.
Not only will this be a water supply, it will be a demonstration project which will provide an
excellent opportunity to conduct on-going research and development, and to consider how these
improvements can be implemented on other seawater and brackish water reverse osmosis
projects in the State. Statements of interest from Texas universities and other research
organizations have been received and are attached as supplements to this proposal, notably
Texas ^&M University-Corpus Christi and the University of Texas Marine Science Institute at
Port Aransas.
Proposed Project Location
The Project will be located near the southern end of Waldron Road in Corpus Christi, and may
possibly be on the same site as the existing Barney Davis Power Station. The power station
currently sits on approximately a 2000-acre site which is owned by AEP, and an eight-acre tract
of land slightly north of the power island has been identified as being available for siting the
desalination facility under a long-term land lease agreement. Property access is controlled by a
gated entrance and security guard. However, the plant is subject to being shut down, and the
City does not want to limit their options with regard to the final location of the facilities. The plant
site may be for sale and the City may be interested in pumhasing at least a portion of the
facilities. For purposes of this submittal, the Barney Davis Plant location is used to illustrate the
facilities that will be provided.
Significant features of this site are its existing raw water intake, cooling ponds, and cooling
water outfall. The power station is permitted to withdraw 540 mgd of water from the Laguna
Madre for cooling purposes. After passing through the power station condensers, the cooling
water flows through an 1,100-acre cooling pond located on the plant property prior to discharge
into Oso Bay.
The desalination facility proposes to withdraw approximately 62.5 mgd of water from the cooling
water stream at the Barney Davis Plant. After desalination, 25 mgd of product water will be
pumped to the City's distribution system and the remaining concentrate will be pumped into the
Gulf of Mexico. Product water will be pumped from the site to the City's existing distribution
system.
Water Treatment Process
Water withdrawn from the Laguna Madre wi;I be pretreated to remove suspended solids
particles prior to the reverse osmosis membranes. High pressure pumps will then force the
feedwater through the semi-permeable membranes in the plant, resulting in a concentrate
stream of approximately 37.5 mgd, and a product water stream of 25 mgd. Mechanical energy
recovery devices will recover energy from the pressurized concentrate, significantly lowering
system operating costs.
The project team has looked at a number of alternatives for power delivery to achieve the lowest
overall cost. Power will either be purchased from the power distribution grid, or a turbine
generation plant with heat recovery to produce electrical power in the $.04 to $.05/kilowatt hour
range. The generation plant will not use any cooling water other than the raw feedwater if
needed, and any heated cooling water remaining after the heat recovery process will be blended
with the desalination unit feedwater.
After desalination, the product water will be treated with lime and/or carbon dioxide to comply
with quality requirements, improve its taste, and provide stabilization prior to blending with the
City's treated surface water. The desalinated water can be introduced into the City's distribution
system through a new ground storage tank and booster pump station using low head pumps to
transfer to the station, or directly into a 48-inch water line. Blending in the tank provides the
most control over potential tastes, odors, or precipitate issues in the distribution system.
Concentrate Disposal Method
Concentrate from the RO system is expected to have a salinity or total dissolved solids (TDS)
concentration twice that of the feedwater. The discharge of the concentrate will be
accomplished in the Gulf of Mexico offshore of Padre Island in 30 feet of water through a
diffuser arrangement. In this manner, there is no discharge of concentrate to any hypersaline
coastal bay or estuary in the Corpus Christi area. Depending on the pretreatment method
selected, a second concentrate stream may be generated. It is envisioned a microfiltration or
ultrafiltration pretreatment system could be used which would require little/no chemical addition
and may allow the residuals to be discharged back to Oso Bay, or to be mixed with the
concentrate for discharge offshore.
Service Area and Project Beneficiaries
The City supplies the cities of Alice, Beeville, and Mathis in addition to its own needs as well as
supplying the South Texas Water Authority and the San Patricio Municipal Water District. It also
serves the needs of the Nueces County WCID #4 and Violet Water Supply Corporation, as well
as significant manufacturing and power generation needs in Nueces and San Patricio Counties.
Total water supplied by the City account for approximately 75 percent of the total water
municipal and industrial water usage of the 11 county Region N area. Perhaps more important
are those potential water users located upstream of Corpus Christi in the Nueces, San Antonio,
Colorado, and Guadalupe River Basins where Corpus Christi currently owns in excess of
438,300 acre-feet of water rights in the Nueces River Basin and has purchased take or pay
contracts for an additional 46,340 acre feet of water from Lake Texana, and 35,000 acre feet of
water rights on the Colorado River from the Garwood Irrigation Company. The implementation
of the proposed desalination project will benefit those upstream beneficiaries by enabling the
City to offer contracts for existing water supplies for sale to them. Potential beneficiaries
upstream include the LCRA and the Greater San Antonio Metropolitan areas. Interest has also
been expressed from entities in the Rio Grande Valley. Corpus Christi's current service area
has piped water within 70 miles of the City of Laredo.
Support for the Project
Support for the proposed project includes a broad constituency that includes most of South and
Central Texas. Numerous endorsement letters have been received or are expected to be
received, and are attached or will be submitted as received.
Estimated Cost of Water
A preliminary cost estimate of the facility's product water is $794 per acre-foot based on an
estimated capital cost of $110 million and a 30-year amortization at 6% interest and an electrical
cost of $0.06 per kilowatt-hour. Transmission costs to deliver the water to the City's distribution
system are estimated at less than $20 per acre-foot.
Beneficiaries currently are considering options to purchase water for rates ranging from $300 to
over $1000 per acre-foot.
Funding
It is proposed that the project be financed by a blend of tax-exempt bonds, state participation,
and City of Corpus Christi equity participation. An income stream is proposed from the sales of
the existing water available to the City to one or more of the potential project beneficiaries
located to the west or south of our water region that will be used to assist in offsetting the cost of
water from the desalination facility.
Environmental and Permitting Considerations
Potential environmental impact of the proposed project is limited to concentrate disposal and to
a much lesser extent, the disposal of pretreatment residuals. Disposal of these materials
offshore in 30 feet of water will require diffusers to disperse the effects of the concentrated
salinity. As noted above, the live biologicals in the feedwater will be returned to their native
environment if at all possible. Our overall goal for this project is to demonstrate a technology
that does not have the negative environmental impacts of constructing upland reservoirs at the
potential sites remaining, while minimizing the impacts of the concentrate and pretreatment
residuals disposal on the environment
Several permitting issues must be addressed. A water rights permit amendment or new permit
will be required, in addition to a biological assessment of the impacts on threatened and
endangered species within the area if a new intake is sited. An essential fish habitat study for
managed (not threatened or endangered) species will also be required, as well as a Coastal
Zone Consistency determination from the General Land Office. Coordination and possibly a
special permit may be required by the Corps of Engineers, and permission from any current
GLO lease holders may also be needed. A discharge permit for the concentrate and the
pretreatment residuals will also be required. The more time consuming of the permits may take
two years, but most of the determinations are anticipated to be available within 12 to 16 months
from initiation. Although no permit is required, plans and specifications for the public drinking
water facilities must be reviewed and approved by the TCEQ prior to construction of any
facilities.
Other permits may include building/construction permits and land use permits. Initial
investigations indicate the site has no Endangered Species Act rest#ctions, historic or
prehistoric resources, nor any water or wetland resources under Corps of Engineers jurisdiction.
These areas will still need to be addressed for any pipelines.
Project Schedule
The preliminary project schedule is as follows:
Award
Financial
Close
Permitting
Engineering
I
0 4
Contact Information
The City Council of the City of Corpus Christi has authorized the submission of this SOl by
resolution of the City Council and has designated the point of contact as Mr. David R. Garcia,
City Manager, 1201 Leopard St., Corpus Christi, TX 78401. His telephone number is 361-880-
3208.
Attachments:
RESOLUTION
AUTHORIZING THE CITY MANAGER TO SUBMIT A STATEMENT OF
INTEREST TO THE TEXAS WATER DEVELOPMENT BOARD FOR
SELECTION OF THE CITY'S PROPOSED TEXAS COASTAL BEND
DESALINATION PROdECT AS THE STATE'S LARGE SCALE
DEMONSTRATION SEAWATER DESALINATION PROJECT
WHEREAS, Governor Rick Perry has directed the Texas Water Development Board to
develop a recommendation for a demonstration seawater desalination project as one
step toward securing an abundant water supply to meet Texas' future water supply
needs; and
WHEREAS, the Texas Water Development Board will use a screening process to
evaluate potential desalination sites and projects and to make recommendations of
potential projects; and
WHEREAS, the regional water plan for the Coastal Bend, prepared by the Coastal
Bend Regional Water Planning Group, approved by Texas Water Development Board,
and now incorporated in the State Water Plan, includes a recommended seawater
desalination project; and
WHEREAS, over the past twenty-five years the City of Corpus Christi has been
recognized as one of the leading coastal governmental entities in providing and
securing water resources and supplies for not only its citizens but also its region; and
WHEREAS, during this time period, the City has expended hundreds of millions of
dollars in not only completing our surface water reservoirs but also securing water rights
from other watersheds and tying those water supplies into our region through the
completion of the Mary Rhodes water pipeline; and
WHEREAS, the City had also begun the process of designing a brackish water
desalination plant on North Padre Island to move the City into the future; and
WHEREAS, the City is in a unique position to meet the goals of the Governor's
Seawater Desalination Initiative because of our proven ability to complete very large
scale water projects, our close proximity to users, bread local and regional support, and
our ability to provide water to areas currently with substantial need outside of our
immediate service area; and
WHEREAS, it is the City's intention working with our local partners to bring together the
resources, expertise, and experience of some the world's leading water resource
companies to develop a state-of-the-art, world class desalination facility, which will
serve as a springboard for desalination water research and development in Texas; and
WHEREAS, overall, the City feels confident that working with our partners we can bring
online such a desalination facility; and
R24311A2.doc
2
WHEREAS, while protecting all of our existing water rights, this process will allow sales
of water to other areas that will not only benefit those other areas, but also maintain
current price levels for our existing customers, while increasing the available water
supply; and
WHEREAS, the Texas Coastal Bend Desalination Project will provide an excellent
opportunity to conduct on-going research and development, with Texas A&M University,
Corpus Christi, and the University of Texas Marine Sciences Institute at Port Aransas,
into the impacts of a desalination project on the Texas coastal environment; and
WHEREAS, the Coastal Bend Regional Water Planning Group has recommended the
adoption of the City proposed desalination project because it is in close proximity to a
major metropolitan and industrial complex and its potential of supplying regional water
demands, while freeing up other water resources for use by other areas.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. The City Manager is authorized to submit to a Statement of Interest for the
Texas Coastal Bend Desalination Project to the Texas Water Development Board
SECTION 2. The City Council of the City of Corpus Christi enthusiastically endorses
and recommends that the Texas Water Development Board select the City of Corpus
Christi's Texas Coastal Bend Desalination Project as the Governor's large scale
demonstration seawater desalination project.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: ,,~ day of
James R. Bray Jr.
City Attorney
R. aytS, ,inj~'g J
First Assist'ant City Attorney
Samuel L. Neal, Jr.
Mayor
,2002.
R2431'lA2.doc
IA VA CA-NA VIDAD RIVER AUTHORITY
Dedicated to the Protection and Conservation qf Water Resources
October 23, 2002
Hand Delivered
David IL Garcia
City Manager
City of Corpus Christi
PO Box 9277
Corpus Christi, Texas 78469-9277
Governor's Desalination Initiative
Coastal Bend Desalination Project
Dear Mr. Garcia:
As a proponent of desalination and one of the forerunners in the mindset of desalination as the
new and drought proof water supply for Texas, The Authority supports the City of Corpus Christi
on its most recent endeavor in pursuit of the referenced initiative.
During the recem SB1 regional planning process, the Lavaca Regional Water Planning Group,
Region P, conducted a special study in a cooperative effort with regional groups L and N, and
identified desalination as an alternative source of water for the region. The study results indicate
that a desalination facility, when co-located with an electric generation facility utilizing seawater
for once through cooling, could produce the quantity and quality of potable water at costs
comparable to conventional sources.
Shown as a recommended alternative in its own regional water plan, the Coastal Bend Regional
Water Planning Group, Region N, also evaluated potential siting for a desalination facility on the
Texas Coast and identified a viable project in Nueces County, near the City of Corpus Christi.
The Coastal Bend Project has unique qualities as a demonstration project and has the potential of
supplying both local and regional water demands.
As previously stated, the Authority supports the City in this initiative and further recommends the
Texas Water Development Board's selection of the City of Corpus Chtisti's proposal for a
seawater desalination demonstration project to be initiated in the Coastal Bend Region.
Sincerely,
Charles A. Reckaway
Interim General Manager
cc: LNRA Board of Directors
LNRA
RECEIVED
OCT ~ 5 2002
CITY MANAGER'S OFFICE
\~er~lm/n\WOP, l)~fl~ R~sponse 102202.d~
P.O. Box 429 Edna, Texas 77957 Ph: (361) 782-5229 Fax: (361) 782-5310 lnra@ykc, com
MARINE SCIENCE INSTITUTE
THE UNIVERSITY OF TEXAS AT AUSTIN
750 Channel View Drive · Port Aransas, Texas 78373-5015' Phone (361) 749-6711 · Fax (361) 749-6777
October 9, 2002
Mr. David Garcia, City Manager
City of Corpus Christi
PO Box 9277
Corpus Christi, TX 78469-9277
Dear David,
RECEIVED
OCT 1 1 2002
CI"P( MANAGER'S OFFICE
Our scientists at The University of Texas at Austin, Marine Science Institute (UTMSI) in
Port Aransas endorse your application for a State Demonstration Project to build a
seawater desalination facility at the Barney Davis power plant in Flour Bluff, Texas. We
believe that Corpus Christi is an ideal site for such a demonstration project because it
provides a balance between fresh water needs and saline water availability. South Texas
is challenged by a large and growing population in a semi-arid climate that is prone to
long droughts. Many of the desalination issues will require planning and follow-up
research to evaluate benefits vs. costs of desalination. For example, a broad
interdisciplinary effort is needed on the topic of environmental flows versus concentrate
disposal. Among other things, such studies would provide you with information relating
to the future health of the Texas Parks and Wildife Hatchery at Barney Davis.
We would appreciate a partnership opportunity to study desalination issues if Corpus
Christi is chosen as a Texas site. As you may know, we have been involved in Texas
water resource studies since the mid 1980's. Our close proximity to Corpus Christi has
led to a focus on studies of South Texas water needs for human and enviromental uses.
Both Corpus Christi and UTMSI have benefited from the cooperative nature of our recent
joint study on inflow needs for the Nueces River and Rincon Bayou and the results of this
study have led to increased water supply yields to Corpus Christi. Our Ecosystem-
.Dynamics and Fisheries/Mariculture research groups at UTMSI could both provide useful
inputs to your project. UTMSI already has a connection with a desalination plant in
Tampa, Florida, the only one being built in the USA. Our scientists have close
connections with colleagues from universities in that area and have consulted with the
water management districts there on a variety of inflow projects.
We wish you success in your proposal and look forward to an opportunity to work with
you on this important issue.
Wayne S. Gardner
Director, Marine Science Institute
Nancy Lee and Perry R. Bass Regents Chair in Marine Science
GENERAL OFFICE COASTAL BEND DIVISION
First State Bank Bldg., Suite 206 Natural Resources Center, Suite 3100
200 E. Nopal · EO. Box 349 6300 Ocean Drive
Uvalde, Texas 78802-0349 Corpus Christi, Texas 78412
Tel: (830) 278-6810 · Fax: (830) 278-2025 Tek (361) 825~3193 · Fax: (361) 825-3195
Con Mim~
U~ld¢
October 15, 2002
Honorable Loyd Neal, Mayor
City of Corpus Christi
P.O. Box 9277
Corpus Christi, Texas 78469-9277
Dear Mayor Neal:
The Nueces River Authority strongly supports the City of Corpus Christi in its efforts to
encourage Texas Water Development Board to locate a demonstration seawater
desalination project at Corpus Christi.
Corpus Christi is a logical site for a desalination facility. A facility at Corpus Christi was
studied and recommended by the Coastal Bend Regional Water Planning Group and is
now part of the State Water Plan. The facility would be co-located with an existing power
source, the Barney Davis power plant, and would be in close proximity to a major
metropolitan and industrial complex. Further, the new water supply could satisfy some of
the Coastal Bend's water needs while freeing up other water resources for use by demand
centers located farther from the coast.
We have worked with the City on water supply matters for many years and stand ready
work with you in parmership on a demonstration seawater desalination facility if that
would be helpful to you.
Sincerely,
Thomas M. Reding, Jr.
President
Cc: Board of Dircctors
http://nueces-ra.tamucc.edu
A ]RK~OLUTION OF TH~ COASTAL BEND R[~GIONAL W&TEIt PLANNING GItOUP (P.~OION aN")
SUP~OitTING AN &i'PLIC&TION BY THE CIT~ Olt CORPUS CHilSTI TO 'i'Hg TEXA~ WATER
&iWIR.OI~dBNT W~%iU~ FOR AC~PTANCg'Og THE CITY'S PROPO~ SKAWA'r~ .
DI~AMNATION ~.OJECT &$ A D~4ONSTRA TION
~t~ supply ~; ~
plan ~r ~ C~tnl BeM. ~ b~ t~ ~ ~ Reli~ W~ ~nl~g
~[ ~ ~r ~~ ~ in dom ~si~y m a ~
~LV~ BY TH~ COA~AL ~ ~NAL W4~ ~N~NG
npplicalion for · demonstrmlo~ ~awm~ d~llln~6o~ p~OJ~L
T~M CBRWPG rmlus~ts i~ admini~radvo ;&~r,: and-t~i~n~attve~ th~N~t4~ ~'Aulhori;y0 to ~-m'y
fm-wud CORWPO's pe~flon u conflrm~l by Ihi&
Mr. Je~
Co-Chair
Harrison Stafford !!
115'W. Maln-aomn 207
E. dn~; Texas 77'~57-2733
email:jojudge~yk~.eom
County Judge
omce (361) 782-23~2
Pax (361) 7R2-3730
Mr, S~mami L. Nenl Jr., Ma~or
P. O. Box 9277
Coq~ Christi, Texas 7846~-9277
Coastal B~nd De~albnttion Project
As a p~.~ oi~ ~lhu~im and one methe fi~'erunne~ ia the miudset of desalinatien as the
Shown ns a ~ all~nativa in its owtt t~:nzal ~ phm, ~ CoW, al ~ ll~im:d
18/25/2882 18:31 3618837881 CBBEP PAGE 02/82
Coastal Bend Bays 8, Estuaries Program, Inc.
1305 N. ~lhOrellno, Sulto 205~ Corpus Chdsfl, Tex~s 78401 ,~ 36t-885-~02 · 361.883780t (fmc)
October 25, 2002
Mr. David Gatci~, City Manager
CtVy of Corpus Christi
P.O. Box 9277
Corpus Christi, Texas 7M69-9277
Re: Oovemor's Desatination Initiative
Dear Mr. C~u~ia:
The Board of Directora of the Coaztal Bend Bays & ~stmuies program (CBBEP) has unanimously voted
to endor0e the City of Corpus Chri~ti's propo~l for g demonstration seawater desalination project
provided that ~be dez~lination prvject does not in anyway compromise the long-t¢iai supply or cost of the
c~nt water supply programs.
The CBBEP is committed to assisting the Coastal Bend Regional Water Planning Group and regional
water managers to incorporate the needs of estuaries in comprehensive water supply planning. The
CoastalBend B~,s Plan specifically calls for the investigation of alternative fr~hwater supply sources
such as desalination.
We arc encOuraged that thc State of Texas h~ recognized the need to cOnsider the uSe of alter~tative water
supply strategies such as desalination and hope that the Governor's Desalination Initiative will become a
reality and be located here in the Coastal Bend.
Sincerely,
Ray Allen
Executive Director
our web$1te - www. cbbep, o~
Demonstration Seawater Desalination Project
Request for Statements of Interest
(Revised 9-18-02)
The Texas Water Development Board (TWDB) is soliciting Statements of Interest for the development of a large-
scale Demonstration Seawater DesalInation Project. Interested parties are invited to provide a Statement of Interest
to the TWDB no later than close of business on Friday, November 1, 2002.
Background:
On April 29, 2002, Governor Perry tasked the TWDB with developing a recommendation for a large-scale
demonstration seawater desalination project.
The goals of the Seawater Desalination Initiative are to demonstrate:
· The State's resolve to add large-scale seawater desalination to the mix of water supply sources to meet
long-term water needs in the State with a drought-proof source;
· That large-scale seawater desalination technologies can be feasibly implemented in Texas; and
· That large-scale seawater desalination projects are a cost-effective and environmentally sensitive means to
meet water supply needs in the State.
A key feature of the demonstration project will be the opportunity it will offer for on-going research on alternative
desalination technologies and their potential applications. The TWDB welcomes the participation of universities or
other research organiTafions as team members in the preparation and submission of statements of interest.
To meet this charge, TWDB will prepare a project recommendation report that will be delivered to the Governor and
the Texas Legislature in January 2003. TWDB will seek to identify a project proposal that has a strong potential for
traPlementation.
TWDB anticipates that, In order to facilitate legislative action on the recommendation, it will need to include
sufficient detail addressing location of the desalination plant, treatment methodology and plant capacity, concentrate
disposal method and location, possible project owner(s) and operator(s), targeted water users (cities, industry, etc.),
additional infrastructure needs, financing alternatives, identification of estimated potential subsidy requirements,
regulatory recommendations regarding any legislative issues that may need to be addressed, possible project time
line and any other information or endorsements provided by the regional water planning groups.
TWDB will primarily consider information contained in the 2001 Regional Water Plans and 2002 State Water Plan,
Water for Texas, to identify potential demonstration seawater desalination projects. Additionally, as per guidance
received from the regional water planning groups to expand the pool of potential projects, TWDB invites public and
private entities to submit statements of interest for consideration under the Demonstration Seawater Desalination
Project imtiative. The responses to this request will be considered in the development ora recommendation for a
demonstration seawater desalination project.
Statement of Interest Requirements:
Ten complete copies and one electronic reproducible copy of the statements of interest are due no later than close of
business on Friday, November 1, 2002. Please mail them to:
Jorge Arroyo
Texas Water Development Board
1700 North Congress Avenue
Austin, Texas 78711-3231
Responses should be limited to no more than five 8VzX11 inches pages and should address the items listed below.
Responses to the request for statements of interest may include appendices; however, supplemental information
provided in addition to the five pages will only be considered at TWDB's discretion.
1. Project proponent(s)
Identify the project proponent(s) and describe all partnerships or other type of arrangements affiliated with the
proposal. Provide a summary of the project proponent(s) relevant qualifications.
2. Project description
Describe the proposed demonslxation project, with emphasis on how it will address the goals for the seawater
desalination initiative. Identify any relevant factors that increase the likelihood that the proposed project will be
implemented.
3. Proposed project location
Provide a map showing the location of the proposed project's ~eatment facilities, intake and discharge facilities, and
transmission lines to deliver the water to the intended users. If applicable, identify existing facilities, whether in use
or abandoned, that are part of the proposed project. Discuss availability and accessibility of land for siting a
desalination treatment plant and if available, any infrastrucOare upgrades that are anticipated to be necessary to
support plant operation or product water delivery.
4. Water treatment process
Describe the proposed a'eatment processes, the plant treatment capacity and its potential to expand. Discuss the
plant's finished water quality and provide an assessment of any stability issues in the proposed receiving distribution
systems. Identify any specific technology demonstration features or technology research capabilities that may be
part oftbe project concept. Discuss whether the project involves mixing with other non-saline or less saline sources
and the impact such action has on the project's feasibility.
5. Concentrate disposal method
Describe the proposed method for disposing of the treatment process concentrate. Discuss any anticipated
enviromnental considerations and solutions associated with the permitting of the proposed disposal method.
6. Service area and project beneficiaries
Describe the geographic area that would be served by the proposed project. Identify all potential customers of the
proposed project. Identify any project benefits to other regions and/or water users, and/or relief to existing water
sources that may result from implementation of the proposed project.
7. Support for the project
Describe endorsement obtained or expected for the proposed project from Regional Water Planning Group(s) and
potential project beneficiaries.
8. Estimated cost of water delivered to receiving distribution networks
Provide a preliminary estimate of the cost of the facility's product water in dollars per acre-foot and of the
transmission costs to deliver the water to the receiving distribution systems. Provide a comparative assessment of the
current and projected cost of water to the potential project beneficiaries with and without the proposed project.
9. Funding
Describe the proposed financing sh'ucture for the proposed project. Describe financial capabilities and arrangements
of all entities participating in the proposal. Identify expected level of state funding necessary to successfully
implement the project. Discuss whether the project financing would require any legislative changes and whether it
would require an increase in the private activity bond cap. Clarify whether the proposed ownership is private, non-
profit or governmental.
10. Environmental and permitting considerations
Discuss any potential environmental impact that could result from the proposed project. Identify by
statutory/regulatory reference federal and state permitting requirements applicable to the proposed project and the
estimated timelines to satisfy those requirements.
11. Project schedule
Provide the proposed project implementation schedule.
12. Contact information
Identify the name, company, title and contact details for the person representing the proposed project's proponent.
Demonstration Seawater Desalination Project - Screening Criteria:
TWDB will rely primarily on the following criteria to screen potential demonstxatinn seawater desalination projects.
Top ranked proposals resulting from the screening will be subjected to additional evaluation on the meri~ of the
individual proposals.
Criteria
Item
A. Need/Potential Benefits 2~
· Projected target population
· Relative need for additional water supplies by year 2020 under drought-of-record basis
· Relative cost of delivered water to potential project customers [With project vs. w-out project]
· Impact to other water resources of the State
· Other benefits, including environmental, site-specific, direct and indirect benefits to other
water users in the State
B. Siting advantages/benefits
· Proximity of treatment plant to place of need
· Use of existing intake/discharge facilities
· Raw water quality
· Concentrate disposal
· Environmental consideration
,mmmm,
~ State/Re~lional/Iocal support for the proiect 1
* Consistency with Regional Water Plans
· Endorsement from RegionaIWater Planning Groups
· Endorsement from tar~leted water user
D. Proiect Cost [To be developed b~, TWDB staff~ ................ 15
· Total project cost
· Capital cost to the State
. Operation & Maintenance cost
E. Demonstration value of the proposed proiect 25
· Research and technology transfer features of the proposed project
· Abilit~ of the proiect's (~roponent to implement the proiect within the next four },ears
10
0
21
CITY COUNCIL
AGENDA MEMORANDUM
October 11, 2002
AGENDA ITEM:
Ordinance by the City Council of the City of Corpus Christ, Texas, providing for the issuance of
City of Corpus Christi, Texas, Combination Tax and Municipal Hotel Occupancy Tax Revenue
Certificates of Obligation, Series 2002, in an aggregate principal amount not to exceed $35,000,000
and ordaining other matters relating to the subject.
ISSUE:
On June 29, 1999, the City Council adopted an ordinance to impose an additional two percent
Municipal Occupancy Tax to finance the renovation and expansion of the Convention Center.
These bonds will be paid for by a pledge of the two percent Municipal Occupancy Tax and also have
a general obligation pledge of the City and its ad valorem taxes suff~cient for payment of debt
service.
REQUIRED COUNCIL ACTION:
City Council approval of the Ordinance providing for the issuance of $31,490,000 City of Corpus
Christi, Texas, Combination Tax and Municipal Hotel Occupancy Tax Revenue Certificates of
Obligation, Series 2002, and ordaining other matters relating to the subject.
PREVIOUS COUNCIL ACTION:
On April 17, 2001, City Council approved a motion that approved the selection of the Financial
Advisor, M. E. Allison & Co., Inc.; Senior Managing Underwriter, A. G. Edwards; Co-Managing
Underwriter, Loop Capital Markets; and Bond Counsel, McCall, Parkhurst, & Horton.
On September 24, 2002, City Council approved Resolution # 025031 expressing official intent to
publish notice of intention to issue City of Corpus ctmsti, 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.
RECOMMENDATION:
City Staffrecommends approval of the Ordinance providing for the issuance of $31,490,000 City of
Corpus Christi, Texas, Combination Tax and Municipal Hotel Occupancy Tax Revenue Certificates
of Obligation, Series 2002, and ordaining other matters relating to the subject.
(Del~-tment Head Signature)
BACKGROUND INFORMATION
On November 7, 2000, voters approved the 1/8-cent sales tax increase for a multi-purpose arena
facility for $25,000,000-$35,000,000.
On April 17, 2001, City Council approved a motion that approved the selection of the Financial
Advisor, M. E. Allison & Co., Inc.; Senior Managing Underwriter, A. G. Edwards; Co-Managing
Underwriter, Loop Capital Markets; and Bond Counsel, McCall, Parkhurst, & Horton.
On September 9, 2002, City Council approved a Resolution expressing official intent to reimburse
costs of Corpus Christi Convention Center Improvement Project.
On September 29, 2002, notice was published in the Corpus Christi Caller-Times of the 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.
ORDINANCE NO.
ORDINANCE BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS,
PROVIDING FOR THE ISSUANCE OF $31,490,000 CITY OF CORPUS CHRISTI,
TEXAS, COMBINATION TAX AND MUNICIPAL HOTEL OCCUPANCY TAX
REVENI~ CERTIFICATES OF OBLIGATION, SERIES 2002, AND ORDAINING OTHER
MATTERS RELATING TO THE SUBJECT
WHEREAS, on the 24th day of September, 2002, the City Council of the City of Corpus Christi,
Texas (the "City" or the "lssuef') passed a resolution authorizing and directing notice of its intention to issue
the Certificates of Obligation hereto authorized to be issued, to be published in a newspaper as required
by Section 271.049 of the Texas Local Govermnent Code; and
WHEREAS, said notice was published on October 5, 2002 and October 12, 2002 in the Corpus
Christi Caller-Times, a "newspaper" as described in Section 2051.044, Texas Government Code, as
amended, all as required by Section 271.049 of the Texas Local Government Code; and
WHEREAS, no petition, signed by 5% of the qualified electors of said City as permitted by said
Section 271.049 of the Texas Local Government Code protesting the issuance of such Certificates of
Obligation, has been filed with the City; and
WHEREAS, the Certificates of Obligaton hereinafter authorized are to be issued and delivered
pursuant to Subchapter C of Chapter 271 of the Texas Local Government Code;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
Section 1. AUTHORIZATION OF CERTIFICATES OF OBLIGATION. That the
Certificates of Obligation to be issued by the City, designated the "City of Corpus Christi, Texas,
Combination Tax and Municipal Hotel Occupancy Tax Certificates of Obligation, Series 2002", are hereby
authorized to be issued and delivered m the principal amount of $31,490,000, for the purpose of providing
part of the funds for paying contractual obligations to be incurred by the City, to-wit: the acquisition of land
and the enlarging, equipping and repairing of, and construction ofimprovemems to, the City's Convention
Center located at 1901 N. Shoreline Boulevard; the construction of related sa-eet and drainage
improvements; and the payment for fiscal, engineering and legal fees incurred in connection therewith. The
Convention Center is a "convention center facility", as said tenn is defined in Section 351.001, Texas Tax
Code. The City is a municipality that borders on the Gulf of Mexico and has a population of more than
250,000, and is a municipality described in Sections 351.003(c) and 351.107, Texas Tax Code. The term
"Certificates" as used in this Ordinance shall mean and include collectively the Certificates of Obligation
initially issued and delivered pursuant to this Ordinance and all substitute Certificates of Obhgation
exchanged therefor, as well as all other subsftute Certificates of Obhgation and replacement Certificates
of Obligation issued pursuant hereto, and the term "Certificate" shall mean any of the Certificates.
Section 2. DATE, DENOMINATIONS, NUMBERS AND MATURITIES. That said
Certificates of Obligation shall initially be issued, sold and dehvered hereunder as fully registered
certificates, without interest coupons, dated October 15, 2002, in the respective denominations and
principal amounts hereinafter stated, numbered consecutively from R- 1 upward, payable to the respective
initial registered owners thereof (as designated in Section 16 hereof), or to the registered assignee or
assignees of said certificates or any portion or po~ons thereof (in each case, the "Registered Owner"),
and said certificates shall mature and be payable on September 1 in the years and amounts as set forth
below, to-wit:
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YEARS AMOUNTS~$] YEARS,
2003 980,000 2013
2004 1,030,000 2014
2005 1,075,000 2015
2006 1,130,000 2016
2007 1,180,000 2017
2008 1,235,000 2018
2009 1,295,000 2019
2010 1,355,000 2020
2011 1,420,000 2021
2012 1,485,000 2022
AMOUNTS(S)
1,555 000
1,630 000
1,705 000
1,785 000
1,870 000
1,960 000
2,050 000
2,145,000
2,250,000
2,355,000
For purposes of ttds Ordinance, the Certificates of Obligation maturing on September I, 20~ are hereby
designated as "Term Certificates".
Section 3. REDEMPTION. (a) Optional Redemption. 3?hat the City reserves the right to
redeem the Certficates matUnng on or after September 1,201_, at the par value thereof plus accrued
interest, in whole or in part, in the principal amount of $ 5,000 or any integral multiple thereof, on September
1, 201~ and on any date thereafter. The years ofruaturity of the Certificates called for redemption at the
option of the City prior to stated maturity shall be selected by the City. The Ccntificates or portons thereof
redeemed within a maturity shall be selected at random and by lot by the Paying Agent/Registrar. The
Certificates are subject to mandatory redemption as provided in the FORM OF CERTIFICATES.
(b) Mandatory Redemption. The Certficates [are][are not] subject to mandatory sinking fund
redemption [prior to their scheduled maturities as provided in the FORM OF CERTIFICATES].
(c) Notice. At least 30 days prior to the date frxed for any such redemption, (i) a written notice
of such redemption shall be given to the registered owner of each Certificate or a portion thereof being
called for redemption by depositing such notice in the Urdted States mail, first-class postage prepaid, in the
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name of the City and at the City's expense addressed to each such registered owner at his address shown
on the registration books of the Paying Agent/Registrar and (ii) notice of such redemption shall be published
one (1) time in a financial journal or publication of general circulation in the United States of America
earrymg as a regular feature notices of municipal bonds called for redemption; provided, however, that the
failure to send, mail, or receive such notice described in (i) above, or any defect therein or in the sending
or mailing thereof, shall not affect the validity or effectiveness of the proceedings for the redemption of any
Certificate, and it is hereby specifically provided that the publication of notice described in (ii) above shall
be the only notice actually required in connection with or as a prerequisite to the redemption of any
Certificates. By the date fixed for any such redemption due provision shall be made by the City with the
Paying Agent/Registrar for the payment of the required redemption price for the Ceflificates or the portions
thereof which are to be so redeemed, plus accrued interest thereon to the date fixed for redempfon. If
such notice of redemption is given, and if due provision for such payment is made, all as provided above,
the Certificates, or the pon:ions thereof, which are to be so redeemed, thereby automatically shall be
redeemed prior to their scheduled maturities, and shall not bear interest aRer the date fixed for their
redemption, and shall not be regarded as being outstanding except for the right of the registered owner to
receive the redemption price plus accrued interest to the date fixed for redemption from the Paying
Agent/Registrar out of the funds provided for such payment. The Paying Agent/Registrar shall record in
the registration books all such redemptions of principal of the Ceaificates or any portion thereof. If a
portion of any Certificate shall be redeemed a substitute Certificate or Certificates having the same maturity
date, beating interest at the same rate, in any denomination or denominations in any integral multiple of
$5,000, at the written request of the registered owner, equal to the unredeemed portion thereof, will be
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issued to the registered owner upon the surrender thereof for cancellation, at the expense of the City, all
as provided in this Ordinance.
Section 4. INTEREST. That the Certificates shall bear interest from the date specified in the
FORM OF CERTIFICATE to their respective dates of maturity or redemption prior to maturity at the
following rotes per annum:
maturities 2003, % maturities 2013, %
maturities 2004, % maturities 2014, %
maturities 2005, % maturities 2015, %
maturities 2006, % maturities 2016, %
maturities 2007, % maturities 2017, %
maturities 2008, % maturities 2018, %
maturities 2009, % maturities 2019, %
maturities 2010, % maturities 2020, %
maturities 2011, % maturities 2021, %
maturities 2012, % maturities 2022, %
Said interest shall be payable in the manner provided and on the dates stated in the FORM OF
CERTIFICATE.
Section 5. CItARACTERISTICS OF TItE CERTIFICATES. (a) The City shall keep or
cause to be kept at the corporate trust office in Dallas, Texas (the "Designated Tmst Office") of JPMorgan
Chase Bank (the "Paying Agent/Registrar"), or such other bank, trust company, financial institution, or
other agency named in accordance with the provisions of (g) of this Section hereof, books or records of
the registration and transfer of the Certificates (the "Registration Books"), and the City hereby appoints the
Paying Agent/Registrar as its registrar and transfer agent to keep such books or records and make such
transfers and registrations under such reasonable regulations as the City and Paying Agent/Registrar may
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prescribe; and the Paying AgenffRegistrar shall make such transfers and registrations as herein provided.
The City Manager or the designee thereof is hereby authorized to execute a "Paying Agent/Registrar
Agreement" in such form as is approved by the City Attorney. It shall be the duty of the Paying
Agent/Registrar to obtain from the registered owner and record in the Registration Books the address of
such registered owner of each certificate to which payments with respect to the Certificates shall be mailed,
as herein provided. Ihe City or its designee shall have the fight to inspect the Registration Books during
regular business hours of the Paying Agent/Registrar, but otherwise the Paying AgenffRegisWar shall keep
the Registration Books confidential and, unless otherwise required by law, shall not permit their inspection
by any other entity. RegisWation of each Certificate may be transferred in the Registration Books only upon
presentation and surrender of such certificate to the Paying Agent/Registrar at the Designated Tmst Office
for transfer of regislration and cancellation, together with proper written instruments of assignment, in form
and with guarantee of signatures satisfactory to the Pa)ting Agent/Registrar, evidencing the assignment of
such certificate, or any portion thereof in any integral multiple of $5,000 denomination to the assignee or
assignees thereof, and the right of such assignee or assignees to have such certificate or any such portion
thereof registered in the name of such assignee or assignees. Upon the assignment and transfer of any
Certificate or any portion thereof, a new substitute certificate or certificates shall be issued in exchange
therefor in the manner herein provided.
(b) The entity in whose name any Certificate shall be registered in the Registration Books at any
time shall be treated as the absolute owner thereof for all purposes of this Ordinance, whether or not such
certificate shall be overdue, and the City and the Paying AgenfRegislrar shall not be affected by any notice
to the contrary; and payment of, or on account of, the principal of, premium, if any, and interest on any such
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certificate shall be made only to such registered owner. All such payments shall be valid and effectual to
satisfy and discharge the liability upon such certificate to the extent of the sum or sums so paid.
(c) The City hereby further appoints the Paying Agent/Registrar to act as the paying agent for
paying the principal of and interest on the Certificates, and to act as its agent to exchange or replace
Certificates, all as provided in this Ordinance. The Paying Agent/Registrar shall keep proper records of
all payments made by the City and the Paying Agent/Registrar with respect to the Certificates, and of all
exchanges of such certificates, and all replacements of such certificates, as provided in this Ordinance.
(d) Each Certificate may be exchanged for fully registered certificates in the manner set forth
herein. Each certificate issued and delivered pursuant to this Ordinance, to the extent of the unredeemed
pnncipal amount thereof, may, upon surrender of such certificate at the Designated Trust Office of the
Paying Agen~RegisWar, together with a written request therefor duly executed by the registered owner or
the assignee or assignees thereof, or its or their duly authorized attorneys or representatives, with guarantee
of signatures satisfactory to the Paying Agent/Registrar, at the option of the registered owner or such
assignee or assignees, as appropriate, be exchanged for fully registered certificates, without interest
coupons, in the form prescribed in the FORM OF CERTIFICATE, in the denommation of $5,000, or any
integral multiple thereof(subject to the requirement hereinaRer stated that each substitute certificate shall
have a single stated maturity date), as requested m writing by such registered owner or such assignee or
assignees, in an aggregate principal amount equal to the unredeemed principal amount of any Certificate
or Certificates so surrendered, and payable to the appropriate registered owner, assignee, or assignees,
as the case may be. If a portion o£ any Certificate shall be redeemed prior to its scheduled maturity as
provided herein, a substitute certificate or certificates having the same maturity date, bearing interest at the
same rate, in the denomination or denominations of any integral multiple of $5,000 at the request of the
registered owner, and in an aggregate principal amount equal to the unredeemed portion thereof, will be
issued to the registered owner upon surrender thereof for cancellation. If any Certificate or portion thereof
is assigned and transferred, each certificate issued in exchange therefor shall have the same maturity date
and bear interest at the same rate as the certificate for which it is being exchanged. Each substitute
certificate shall bear a letter and/or number to distinguish it from each other certificate. The Paying
Agent/Registrar shall exchange or replace Certificates as provided hereto, and each fully registered
certificate or certificates delivered in exchange for or replacement of any Certificate or portion thereof as
permitted or required by any provision of this Ordinance shall constitute one of the Certificates for all
purposes of this Ordinance, and may again be exchanged or replaced. It is specifically provided, however,
that any Certificate delivered in exchange for or replacement of another Certificate prior to the first
scheduled interest payment date on the Certificates (as stated on the face thereof) shall be dated the same
date as such Certificate, but each substitute certificate so delivered on or after such fwst scheduled interest
payment date shall be dated as of the interest payment dale preceding the date on which such substitute
certificate is delivered, unless such substitute cexfificate is delivered on an interest payment date, in which
case it shall be dated as of such date of delivery; provided, however, that if at the time of delivery of any
substitute certificate the interest on the Certificate for which it is being exchanged has not beenpaid, then
such substitute ce~ficate shall be dated as of the date to which such interest has been paid in full. On each
substitute certificate issued in exchange for or replacement of any Certificate or Ceaificates issued under
this Ordinance there shall be printed thereon a Paying Agent/Registrars Authentication Certificate, in the
form hereinafter set forth. An authorized representative of the Paying Agent/Registrar shall, before the
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delivery of any such substitute certificate, date such substitute certificate in the manner set forth above, and
manually sign and date such Authentication Certificate, and no such substitute certificate shall be deemed
to be issued or outstanding unless such Authentication Certificate is so executed. The Paying
Agent/Registrar promptly shall cancel all Certificates surrendered for exchange or replacement. No addi-
tional ordinances, orders, or resolutions need be passed or adopted by the City Council or any other body
or person so as to accomplish the foregoing exchange or replacement of any Certificate or portion thereof,
and the Paying AgenffRegistrar shall provide for the printing, execution, and delivery of the substitute
certificates in the manner prescribed herein. Pursuant to Chapter 1206, Texas Govemment Code, the duty
of exchange or replacement of any Certificates as aforesaid is hereby imposed upon the Paying
Agent/Regislrar, and, upon the execution of said Paying Agent/RegisWar's Authentication Certificate, the
ex changed or replaced certificate shall be valid, incontestable, and enforceable in the same manner and with
the same effect as the Certficates which originally were delivered pursuant to this Ordinance, approved
by the Attorney General, and registered by the Comptroller of Public Accounts. Neither the City nor the
Paying AgentJRegislrar shall be required (1) to issue, tmnsfer, or exchange any Certificate during a period
beg/rating at the opomng of business 30 days before the day of the first mailing of a notice of redemption
of Certificates and ending at the close of business on the day of such mailing, or (2) to transfer or exchange
any Ceffificate so selected for redemption in whole when such redemption is scheduled to occur within 30
calendar days.
(e) All Certificates issued in exchange or replacement of any other Certificate or portion thereof,
(i) shall be issued in fully registered form, without interest coupons, with the principal of and interest on such
Certficates to be payable only to the registered owners thereof, (ii) may be redeemed pr/or to their sched-
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uled maturities, (iii) may be transferred and assigned, (iv) may be exchanged for other Certificates, (v) shall
have the characteristics, (vi) shall be signed and sealed, and (vii) the principal of and interest on the
Certificates shall be payable, all as provided, and in the manner required or indicated, in the FORM OF
CERTIFICATE.
(f) The City shall pay all of the Paying Agent/Registrar's reasonable and customary fees and
charges for making transfers and exchanges of Certificates, but the registered owner of any Certificate
requesting such Wansfer shall pay any taxes or other governmental charges required to be paid with respect
thereto. In addition, the City hereby covenants with the registered owners of the Certificates that it will (i)
pay the reasonable and standard or customary fees and charges of the Paying Agent/Registrar for its
services with respect to the payment of the principal of and interest on the Certificates, when due, and (ii)
pay the fees and charges of the Paying Agent/Registrar for services with respect to the transfer or
registration of Certificates solely to the extent above provided, and with respect to the exchange of
Certificates solely to the extent above provided.
(g) The City covenants with the registered owners of the Ceaificates that at all times while the
Ccntificates are outstanding the City will provide a competent and legally qualified bank, Wast company,
financial institution, or other agency to act as and perform the services of Paying Agent/Registrar for the
Certificates under this Ordinance, and that the Paying AgenffRegistrar will be one entity. The City reserves
the right to, and may, at its option, change the Paying Agent/Registrar upon not less than 60 days written
notice to the Paying Agent/Regcstrar. In the event that the entity at any time acting as Paying
Agent/Registrar (or its successor by merger, acquisition, or other method) should resign or otherwise cease
to act as such, the City covenants that promptly it will appoint a competent and legally qualified national
710-
or state banking instimhon which shall be a corporation orgamZed and doing business under the laws of the
United States of America or of any state, authorized under such laws to exercise Unst powers, subject to
supervision or examination by federal or state authority, and whose qualifications substantially are similar
to the previous Paying AgenVRegistrar to act as Paying Agent/Registrar under this Ordinance. Upon any
change m the Paying Agent/Registrar, the previous Paying Agent/Registrar promptly shall transfer and
dehver the registration books (or a copy thereof), along with all other pertinent books and records relating
to the Certificates, to the new Paying Agent/Registrar designated and appointed by the City. Upon any
change m the Paying AgenffRegistrar, the City promptly will cause a written notice thereof to be sent by
~be new Paying AgenVRegistmr to each registered owner of the Certificates, by United States Mail,
postage prepaid, which notice also shall give the address of the new Paying Agent/Registrar. By accepting
the position and performing as such, each Paying AgenVRegistrar shall be deemed to have agreed to the
provisions of this Ordinance, and a certified copy of this Ordinance shall be delivered to each Paying
Agent/Registrar.
Section6. FORM OF CERTIFICATES. That ]~he formofthe Certificates, mcludingthe form
of Paying Agent/RegisWafs Authentication Certificate, the form of Assigmnent and the form of Registration
Certificate of the Comptroller of Public Accounts of the State of Texas to be attached to the Certificates
initially issued and delivered pursuant to this Ordinance, shall be in substantially the form as set forth in
Exhibit A to this Ordinance, with such appropriate variations, omissions, or insettious as are pennitted or
required by this Ordinance. The printer of the Certificates is hereby authorized to print on the Certificates
(i) the form of bond counsel's opinion relating to the Certificates, and (ii) an appropriate statement of
insurance fumished by a mumcipal bond insurance company providing municipal bond insurance, if any,
covering all or any part of the Certificates.
Section 7. DEFINITIONS. That the term "Series 1994-A Certificates of Obligation" shall mean
Ire City of Corpus Christi, Texas, Combination Tax and Mumcipal Hotel Occupancy Tax Revenue
Certificates of Obligation, Series 1994-A, dated December 15, 1994, and cunently outstanding in the
aggregate principal amount of $525,000; the term "Series 1994-B Certificates of Obligation" shall mean
the City of Corpus Christi, Texas, Combination lax and Municipal Hotel Occupancy Tax Revenue
Certificates of Obligation, Series 1994-B, dated December 15, 1994, and currently outstanding in the
aggregate principal amount of $525,000; and the term "Code" shall mean the Internal Revenue Code of
1986, and any amendment thereto.
Section 8. INTEREST AND SINKING FUND. That a special fund or account, to be
designated the "City of Corpus Christi, Texas Series 2002 Combination Tax and Municipal Hotel
Occupancy Tax Cetlificate of Obligation Interest and Sinking Fund" is hereby created and shall be estab-
lished and maintained by the City at its official depository. Said Interest and Sinking Fund shall be kept
separate and apart from all other funds and accounts of said City, and shall be used only for paying the
interest on and principal of said Certificates. Any accrued interest and original issue premium derived from
the sale of the Certificates shall be deposited to the credit of said Interest and Sinking Fund. All ad valorem
taxes levied and collected for and on account of said Ce~flcates shall be deposited, as collected, to the
credit of said Interest and Sinking Fund. During each year while any of said Certificates are outstanding
and unpaid, the goveming body of said City shall compute and ascertain the rote and amount of ad valorem
tax, based on the latest approved tax mils of said City, with full allowances being made for tax delinquen-
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cies and the cost of tax collections, which will be sufficient to raise and produce the money required to pay
the interest on said Certificates as such interest comes due, and to provide a sinking fund to pay the princi-
pal of said Certificates as such principal matures, but never less than 2% of the original amount of said Cer-
tificates as a sinking fund each year. Said rate and amount of ad valorem tax is hereby ordered to be levied
against all taxable property in said City for each year while any of said Certificates are outstanding and un-
paid, and said ad valorem tax shall be assessed and collected each such year and deposited to the credit
of the aforesaid Interest and Sinking Fund. Said ad valorem taxes necessary to pay the interest on and
principal of said Certificates, as such interest comes due and such principal matures or comes due through
operation of the mandatory sinking fund redemption to the extent provided in the FORM OF
CERTIFICATE, are hereby levied and ordered to be levied and pledged for such payment, within the limit
prescribed by law. There shall be appropriated fi.om the General Fund to deposit into the Interest and
Sinking Fund moneys as may be necessary to pay the first scheduled interest payment on the Ce~ificates
of Obligation~
Section 9. REVENUES. That the Certificates of Obligation are additionally secured by and shall
be payable fi.om and secured by the revenues from the municipal hotel occupancy tax charged and
collected by the City under authority of Section 351.003(c), Texas Tax Code, remaining after payment of
all other obligations now or hereafter payable therefi.om (including, without limitation, the Series 1994-A
Certificates of Obligation and the Series 1994-B Certificates of Obligation), constituting "Available Hotel
Occupancy Taxes". The Available Hotel Occupancy Taxes are pledged by the City pursuant to authority
of Chapter 351, Texas Tax Cede, including specifically, but not by way of limitation, that portion of the
municipal hotel occupancy tax charged in excess of seven percent of the price of a hotel room in the City,
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pursuant to and consistent with the provisions of Section 351.107, Texas Tax Code, which prior to the date
of the adoption of this Ordinance has not been encumbered. The Issuer shall deposit such Available Hotel
Occupancy Taxes to the credit of the Interest and Sinking Fund created pursuant to Section 8, to the extent
necessary to pay the principal and interest on the Certificates of Obligation. Notwithstanding the require~
ments of Section 8, if Available Hotel Occupancy Taxes are actually on deposit or budgeted for deposit
in the Interest and Sinking Fund in advance of the time when ad valorem taxes are scheduled to be levied
for any year, then the amount of taxes which otherwise would have been required to be levied pursuant to
Section 8 may be reduced to the extent and by the amount of the Available Hotel Occupancy Taxes then
on deposit in the Interest and Sinking Fund or budgeted for deposit herein.
Section 10. TRANSFER. That the City shall do any and all things necessary to accomplish the
transfer of monies to the Interest and Sinking Fund of this issue in ample time to pay such items of principal
and interest.
Section 11. SECURITY FOR FUNDS. That the Interest and Sinking Fund created by this
Ordinance shall be secured in the manner and to the fullest extent permitted or required by law for the
security of public funds, and such Fund shall be used only for the purposes and in the manner permitted or
required by this Ordinance. Chapter 1208, Texas Government Code, applies to the issuance of the
Certificates and the pledge of ad valorem taxes and the Available Hotel Occupancy Taxes granted by the
City under Sectiom 8 and 9, and such pledge is therefore valid, effective, and perfected. If Texas law is
amended at any time while the Certificates are outstanding and unpaid such that the pledge of the ad
valorem taxes and Available Hotel Occupancy Taxes granted by the City is to be subject to the filing
requirements of Chapter 9, Texas Business & Commerce Code, then in order to preserve to the registered
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owners of the Certificates the perfection of the security interest in said pledge, the City agrees to take such
measures as it determines are reasonable and necessary under Texas law to comply with the applicable
provisions of Chapter 9, Texas Business & Commerce Code and enable a filing to perfect the security
interest in said pledge to occur.
Section 12. DEFEASANCE OF CERTIFICATES. (a) Defeased Certificates. That any
Certificate and the interest thereon shall be deemed to be paid, retired and no longer outstanding (a
"Defeased Certificate") within the meaning of this Ordinance, except to the extent provided in subsection
(d) of tttis Section, when payment of the principal of such Certificate, plus interest thereon to the due date
(whether such due date be by reason of maturity or otherwise) either (i) shall have been made or caused
to be made in accordance with the terms thereof, or (ii) shall have been provided for on or before such due
date by irrevocably depositing with or making available to the Paying Agent/RegisWar in accordance with
an escrow agreement or other instrument (the "Future Escrow Agreement") for such payment (1) lawful
money of the United States of Ameaica sufficient to make such payment or (2) Defeasance Securities that
mature as to principal and interest in such amounts and at such times as will insure the availability, without
reinvesUnent, of sufficient money to provide for such payment, and when proper arrangements have been
made by the Issuer with the Paying Agent/Registrar for the payment of its services until all Defeased
Certificates shall have become due and payable. At such time as a Certificate shall be deemed to be a
Defeased Certificate hereunder, as aforesaid, such Certificate and the interest thereon shall no longer be
secured by, payable from, or entitled to the benefits of, the ad valorem taxes or revenues herein levied and
pledged as provided in this Ordinance, and such principal and interest shall be payable solely fi'om such
money or Defeasance Securities. Notwithstanding any other provision of this Ordinance to the contrary,
it is hereby provided that any determination not to redeem Defeased Certificates that is made in conjunction
withthe payment arrangements specified in subsection 12(a)(i) or (ii) shall not be irrevocable, provided that
in the proceedings providing for such payment arrangements, the Issuer expressly (1) reserves the right to
call the Defeased Certificates for redemption; (2) gives notice of the reservation of that fight to the owners
of the Defeased Certificates immediately following the making of the payment arrangements; and (3) directs
that notice of the reservation be included in any redemption notices that it authorizes.
(b) Investment in Defeasance Securities. Any moneys so deposited with the Paying
Agent/Registrar may at the written direction of the Issuer be invested in Defeasance Securities, maturing
in the amounts and tunes as hereinbefore set forth, and all income from such Defeasance Securities received
by the Paying Agent/Registrar that is not required for the payment of the Certificates and interest thereon,
with respect to which such money has been so deposited, shall be tumed over to the Issuer, or deposited
as directed in writing by the Issuer. Any Future Escrow Agreement pursuant to which the money and/or
Defeasance Securities are held for the payment of Defeased Certificates may contain provisions permitting
the investment or nfmvestment of such moneys in Defeasance secunfies or the substitution of other
Defeasance Securities upon the satisfaction of the requirements specified in subsection 12(a)(i) or (ii). All
income from such Defeasance Securities received by the Paying Agent/Registrar which is not required for
hhe payment of the Defeased Certificates, with respect to which such money has been so deposited, shall
be remitted to the Issuer or deposited as directed in writing by the Issuer.
(c) Defeasance Securities Defined. The term "Defeasance Securities" means (i) direct,
noncallable obligations of the United States of America, including obligations that are unconditionally
guaranteed by the United States of America, (ii) noncallable obligations of an agency or instrumentality of
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the United States of America, including obligations that are unconditionally guaranteed or insured by the
agency or instrumentality and that, on the date of the purchase thereof are rated as to investment quality
by a nationally recognized investment rating rum not less than AAA or its equivalent, and (iii) noncallable
obligations of a state or an agency or a county, mumcipality, or other political subdivision of a state that
have been refunded and that, on the date on the date the governing body of the Issuer adopts or approves
the proceedings authorizing the financial anangements are rated as to investment quality by a nationally
recognized investment rating finn not less than AAA or its equivalent.
(d) Paying Agent/Registrar Services. Until all Defeased Certificates shall have become due
and payable, the PaYing Agent/Registrar shall perform the services of Paying Agent/Registrar for such
Defeased Certificates the same as if they had not been defeased, and the Issuer shall make proper
arrangements to provide and pay for such services as required by this Ordinance.
Section 13. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED
CERTIFICATES. (a) Replacement Certificates. That in the event any ouBtandiug Ceatificate is
damaged, mutilated, lost, stolen, or destroyed, the Paying Agent/Registrar shall cause to be printed,
executed, and delivered, a new certificate of the same principal amount, maturity, and interest rate, as the
damaged, mutilated, lost, stolen, or destroyed Ce~ficate, in replacement for such Ce~ificate in the manner
hereinafter provided.
Co) Application for Replacement Certificates. That application for replacement of damaged,
mutilated, lost, stolen, or desa'oyed Certificates shall be made by the registered owner thereof to the Paying
Agent/Registrar. In every case of loss, theft, or destruction ora Certificate, the registered owner applying
for a replacement certificate shall fu_mish to the City and to the Paying Agent/Registrar such security or
-17-
indemnity as may be required by them to save each of them harmless from any loss or damage with respect
thereto. Also, m every case of loss, theft, or destruction of a Certificate, the registered owner shall furnish
to the City and to the Paying Agent/Registrar evidence to their satisfaction of the loss, theft, or destruction
of such Certificate, as the case may be. In every case of damage or mutilation of a Certificate, the
registered owner shall surrender to the Paying AgenffRegnStmr for cancellation the Certificate so damaged
or mutilated.
(c) No Default Occurred. That notwithstanding the foregoing provisions of this Section, in the
event any such Certificate shall have matured, and no default has occurred which is then continuing in the
payment of the principal of or interest on this Cex~ificate, the City may auth°nze the payment of the same
(without surrender thereof except in the case of a damaged or mutilated Certificate) instead of issuing a
replacement certificate, provided security or indemnity is furnished as above provided in this Section.
(d) Charge for lssuing Replacement Certificates. Thatpriortotheissuanceofanyreplacement
certificate, the Paying Agent/Registrar shall charge the registered owner of such Certificate with all legal,
printing, and other expenses in connection therewith. Every replacement certificate issued pursuant to the
provisions of this Section by virtue of the fact that any Certificate is lost, stolen, or destroyed shall constitute
a contractual obligation of the City whether or not the lost, stolen, or destroyed Certificate shall be found
at any time, or be enforceable by anyone, and shall be entitled to all the benefits of this Ordinance equally
and proportionately with any and all other Certificates duly issued under this Ordinance.
(e) AuthorityforlssuingReplacement Certificates. That in accordance with Chapter 1206,
Texas Government Code, this Section of this Ordinance shall constitute authority for the issuance of any
such replacement certificate without necessity of further action by the City or any other body or person,
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and the duty of the replacement of such certificates is hereby authorized and imposed upon the Paying
Agent/Registrar, and the Paying Agent/Registrar shall authenticate and deliver such Certificates in the form
and manner and w/th the effect, as provided in Section 5(a) of this Ordinance for Certificates issued in
conversion and exchange of other Ceaificates.
Section 14. COVENANTS REGARDING TAX EXEMPTION. That the City covenants to
refrain from any action wtfich would adversely affect, or to take such action as to ensure, the treatment of
the Certificates of Obligation as obligations described in Section 103 of the Code, the interest on which
is not includable in the "gross income" of the holder for purposes of federal income taxation. In furthemce
thereof, the City covenants as follows:
(a) to take any action to assure that no more than 10 percent of the proceeds of the
Certificates of Obligation (less amounts deposited to a reserve fund, if any) are used for any
"private business use," as defined in section 1410O)(6) of the Code or, if more than 10 percent of
the proceeds are so used, that amounts, whether or not received by the City, with respect to such
private business use, do not, under the terms of this Ordinance or any underlying arrangement,
directly or indirectly, secure or provide for the payment of more than 10 percent of the debt service
on the Ce~ficates of Obligation, in contravention of Section 1410o)(2) of the Code;
(b) to take any action to assure that in the evem that the "private business use"
described in subsection (a) hereof exceeds 5 percent of the proceeds of the Certificates of
Obligation (less amounts deposited into a reserve fund, if any) then the amount in excess of 5
percent is used for a private business use which is related and not disproportionate, within the
meaning of Section 141(b)(3) of the Code, to the governmental use;
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(c) to take any action to assure that no amount which is greater than the lesser of
$5,000,000, or five percent of the proceeds of the Certificates of Obligation (less amounts
deposited into a reserve fund, if any) is directly or indirectly used to finance loans to persons, other
than state or local governmental umts, in contravention of Section 141(c) of the Code;
(d) to mil-am from taking any action which would otherwise result in the Certificates
of Obligation being treated as "specified private activity bonds" within the meamng of Section
141(b) of the Code;
(e) to refrain from taking any action that would result in the Certificates of Obligation
being "federally guaranteed" within the meaning of section 1490o) of the Code;
(f) to refiain fi'om using any portion of the proceeds of the Certificates of Obligation,
directly or indirectly, to acquire or to replace funds which were used, directly or indirectly, to
acquire investment property (as defined in Section 148(b)(2) of the Code) which produces a
materially higher yield over the term of the Certificates of Obligation, other than investment property
acquired with -
(1) proceeds of the Certificates of Obligation invested for a reasonable
temporary period of three years or less or, in the case of a refunding bond, for a per/od of
30 days or less until such proceeds are needed for the purpose for which the certificates
of obligation are issued,
(2) amounts invested in a bona fide debt service fund, within the meaning of
Section 1.148-1(b) of the Treasury Regulations, and
-20-
(3) amounts deposited in any reasonably required reserve or replacemem fund
to the extent such amounts do not exceed 10 percent of the proceeds of the Certificates
of Obligation;
(g) to otherwise res~ct the use of the proceeds of the Certificates of Obligation or
amounts treated as proceeds of the Certificates of Obligation, as may be necessary, so that the
Certificates of Obligation do not otherwise contravene the requirements of Section 148 of the
Code (relating to arbitrage) and, to the extent applicable, Section 149(d) of the Code (relating to
advance refundings); and
(h) to pay to the United States of America at least once during each five-year period
(beginning on the date of delivery o£the Certificates o£ Obligation) an amount that is at least equal
to 90 percent &the "Excess Earnings," within the meaning of Section 148(f) o£the Code and to
pay to the United States of America, not later than 60 days after the Certificates of Obligation have
been paid in full, 100 percent of the amount then required to be paid as a result of Excess Ean~gs
under Section 148(f) of the Code.
For purposes of the foregoing (a) and (b), the Issuer understands that the term "proceeds" includes
"disposition proceeds" as defined in the Treasury Regulations and, in the case of refunding bonds,
transferred proceeds (if any) and proceeds of the refimded bonds expended prior to the date of issuance
of the Certificates of Obligation. It is the understanding of the City that the covenants contained herein are
intended to assure compliance with the Code and any regulations or rulings promulgated by the U.S.
Department of the Treasury pursuant thereto. In the event that regulations or ruling are hereafter
promulgated which modify or expand provisions of the Code, as applicable to the Certificates of
-21-
Obligation, the City will not be required to comply with any covenant contained hereto to the extent that
such failure to comply, in the opinion of nationally-recogaized bond counsel, will not advemely affect the
exemption from federal income taxation of interest on the Certificates of Obligation under Section 103 of
the Code. In the event that regulations or rulings are hereaRer promulgated which impose additional
reqmren~nts which are applicable to the Certificates of Obligation, the City agrees to comply with the
additional requirements to the extent necessary, in the opinion of nationally-recognized bond counsel, to
preserve the exemption from federal income taxation of interest on the Certificates of Obligation under
Section 103 of the Code. In fu~erance of such intention, the City hereby authorizes and directs the
Mayor, the City Manager and the Director of Financial Services to execute any documents, certificates or
reports required by the Code, and to make such elections on behalf of the City which may be permitted
by the Code as are consistent with the purpose for the issuance of the Certificates of Obligation.
In order to facilitate compliance with clause (h) above, a "Rebate Fund" is hereby established by
the City for the sole benefit of the United States of America, and such Fund shall not be subject to the claim
of any other person, including without limitation the bondholders. The Rebate Fund is established for the
additional purpose of compliance with Section 148 of the Code.
Section 15. CUSTODY, APPROVAL, AND REGISTRATION OF CERTIFICATES. That
the Mayor of the City is hereby authorized to have conlrol of the Certificates initially issued and delivered
hereunder and all necessary records and proceedings pe~aining to the Certificates pending their delivery
and their investigation, examination, and approval by the Attorney General of the State of Texas, and their
registration by the Comptroller of Public Accounts of the State of Texas. Upon registration of the Certifi-
cates said Comptroller of Public Accounts (or a deputy designated m writing to act for said Comptroller)
-22-
shall manually sign the Comptn)lleffs Registration Certficate attached to such Certificates, and the seal of
said Comptroller shall be impressed, or placed in facsimile, on such Comptroller's Registration Certtificate.
Section 16. SALE OF CERTIFICATES. (a) Sale to Underwriter. That the sale of the
Certificates to A.G. Edwards & Sons, Inc., as representative for the underwriters named in the Bond
Purchase Agreement (the "Purchase Agreement") between the City and the unde~vfiters named therein (the
"Underwhters"), at the purchase price described in the Purchase Agreement, is hereby authorized, ratified
and confirmed. One Certificate in the principal amount maturing on each maturity date as set forth in
Section 2 hereof shall be delivered to the Underwriters, and the Underwriters shall have the right to
exchange such certficates as provided in Section 5 hereof without cost.
(b) Execution of Purchase Agreement. That the Purchase Agreement setting forth the terms of
the sale of the Certificates to the Underwriters, in substantially the form attached to this Ordinance, is
hereby accepted, approved and authorized to be delivered in executed form to the Underwriters.
Section 17. APPROVAL OF OFFICIAL STATEMENT. That the "Official Statement"
prepared in connection with the sale of the Bonds, in substantially the form atlached to this Ordinance, are
hereby accepted, approved and authorized to be delivered in executed form to the Underwriters. The use
of the "Preliminary Official Statement" prepared in connection with the sale of the Bonds is hereby ratified.
Section 18. CONTINUING DISCLOSURE OBLIGATION. (a) Definitions. As used m
this Section, the following tenm have the meanings ascribed to such terms below:
"MSRB" means the Municipal Securities Rulemaking Board.
"NRMSIR" means each person whom the SEC or its staffhas determined to be a nationally
recognized municipal securities information repository within the meaning of the Rule from time to time.
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"Rule" means SEC Rule 15c2-12, as amended from time to time.
"SEC" means the Umted States Securities and Exchange Commassion.
"SlD" means any person designated by the State of Texas or an authorized department,
officer, or agency thereof as, and determined by the SEC or its staff to be, a state information depository
within the meaning of the Rule from time to time.
(b) Annual Reports. (i) The City shall provide annually to each NRMSIR and any SID, within
six months after the end of each fiscal year ending m or after 2003, financial information and operating data
with respect to the City of the general type included in the final Official Statement authorized by Section 17
of this Ordinance, being the information described in Exhibit B hereto. Any financial statements so to be
provided shall be (1) prepared in accordance with the accounting principles described in Exhibit B hereto,
or such other accounting principles as the City may be required to employ fi.om time to time pursuant to
state law or regulation, and (2) audited, if the City commissions an audit of such statements and the audit
is completed within the period dm/ng which they must be provided. If the audit of such financial statements
is not complete within such period, then the City shall provide unaudited financial statements by the required
time, and shall provide audited financial statements for the applicable fiscal year to each NRMSIR and any
SID, when and if the audit report on such statements become available.
(ii) If the City changes its fiscal year, it will notify each NRMSIR and any SI]) of the change (and
of the date of the new fiscal year end) prior to the next date by which the City otherwise would be required
to provide financial information and operating data pursuant to this Section. The financial information and
operating data to be provided pursuant to this Section may be set forth in full in one or more documents
or may be included by specific reference to any document (including an official statement or other offering
-24-
document, flit is available from the MSRB) that theretofore has been provided to each NRMSIR and any
SID or filed with the SEC.
(c) Material Event Notices. The City shall notify any SID and either each NRMS1R or the
MSRB, in a timely manner, of any of the folloWing events with respect to the Certificates of Obligation, if
such event is material within the meaning of the federal securities laws:
1. Principal and interest payment delinquencies;
2. Non-payment related defaults;
3. Unscheduled draws on debt service reserves reflecting financial difficulties;
4. Unscheduled draws on credit enhancements reflecting financial difficulties;
5. Substitution of credit or liquidity providers, or their failure to perform;
6. Adveme tax opimons or events affecting the tax-exempt status of the Certificates
of Obligation;
7. Modifications to rights of holders of the Certificates of Obligation;
8. Certificates of Obligation calls;
9. Defeasances;
10. Release, substitution, or sale of property secUring repayment of the Certificates of
Obligation; and
11. Rating changes.
The City shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any failure
by the City to provide financial information or operating data in accordance with subsection (b) of this
Section by the time required by such subsection.
(d) Limitations, Disclaimers, and Amendments. (i) The City shall be obligated to observe and
perform the covenants specified in this Section for so long as, but only for so long as, the City remains an
"obligated person" with respect to the Certificates of Obligation within the meaning of the Rule, except that
the City in any event will give notice of any deposit made in accordance with this Ordinance or applicable
law that causes Certificates of Obligation no longer to be outstanding.
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(ii) The provisions of this Section are for the sole benefit of the registered owners and beneficial
owners of the Certificate? of Obligation, and nothing in this Sechon, express or implied, shall give any
benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The City
undertakes to provide only the financial information, operating data, financial statements, and nofces which
it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any
other information that may be relevant or material to a complete presentation of the City's financial results,
condition, or prospects or hereby undeflake to update any information provided in accordance with this
Section or otherwise, except as expressly provided herein. The City does not make any representation
or warranty concerning such information or its usefulness to a decision to invest m or sell Certificates of
Obligation at any future date.
(iii) UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE
REGISTERED OWNER OR BENEFICIAL OWNER OF ANY CERTIFICATE OF OBLIGATION
OR ANY OTHER PERSON, 1N CONTRACT OR TORT, FOR DAMAGES RESULTING 1N
WHOLE OR IN PART FROM ANY BREACH BY THE CITY, WHETHER NEGLIGENT OR
WITHOUT FAULT ON 1TS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT
EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR
ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR
MANDAMUS OR SPECIFIC PERFORMANCE.
(iv) No default by the City in observing or performing its obligations under this Section shall
comphse a breach o f or default under the Ordinance for purposes of any other provision of this Ordinance.
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Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the City
under federal and state securities laws.
(v) The provisions of this Section may be amended by the City from time to time to adapt to
changed circumstances that arise from a change in legal reqUU'ements, a change in law, or a change in the
identity, nature, status, or type of operations of the City, but only if(l) the provisions of this Section, as so
amended, would have permitted an underwriter to purchase or sell Certificates of Obligation in the primary
offering of the Certificates of Obligation in compliance with the Rule, taking into account any amendments
or interpretations of the Rule since such offering as well as such changed circumstances and (2) either (a)
the registered owners of a majority in aggregate principal amount (or any greater amount required by any
other provision of this Ordinance that authorizes such an amendment) of the outstanding Certificates of
Obligation consent to such amendment or (b) a person that is unaffiliated with the City (such as nationally
recognized bond counsel) determined that such amendment will not materially impair the interest of the
registered owners and beneficial owners of the Certificates of Obligation. If the City so amends the
provisions of this Section, it shall include with any amended financial information or operating data next
provided in accordance with subsection (b) of this Section an explanation, in narrative fonn, of the reason
for the amendment and of the impact of any change in the type of financial information or operating data
so provided. The City may also amend or repeal the provisions of this continuing disclosure agreement
if the SEC amends or repeals the applicable provision of the Rule or a court of final jurisdiction enters
judgment that such provisions of the Rule are invalid, but only if and to the extent that the provisions of this
sentence would not prevent an underwriter from lawfidly purchasing or selling Certificates of Obligation in
the primary offenng of the Ce~ificates of Obligation.
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Section 19. ALLOCATION OF, AND LIMITATION ON, EXPENDITURES FOR THE
PROJECT. That the Issuer covenants to account for the expenditure of proceeds from the sale of the
Certificates and any investment earnings thereon to be used for the purposes described in Section 1 of this
Ordinance (each such puipose referred to herein and Section 20 hereof as a "Project") on its books and
records by allocating proceeds to expenditures within 18 months of the later of the date that (a) the
expenditure on a Project is made or 00) each such Project is completed. The foregoing notwithstanding,
the Issuer shall not expend such proceeds or investment earnings more than 60 days after the later of (a)
the fifth anmversary of the date of delivery of the Certificates or (b) the date the Certificates are retired,
unless the Issuer obtains an opinion of nationally-recognized bond counsel substantially to the effect that
such expenditure will not adversely affect the tax-exempt status of the Certificates.
Section 20. DISPOSITIOBI OF PROJECT. That the Issuer covenants that the property
constituting a Project will not be sold or otherwise disposed in a Iransaction resulting in the receipt by the
Issuer of cash or other compensation, unless the Issuer obtains an o!Ymion of nationally-recognized bond
counsel substantially to the effect that such sale or other disposition will not adversely affect the tax-exempt
status of the Ceaificates.
Section 21. DTC REGISTRATION. That the Certificates of Obligation initially shall be issued
and delivered in such manner that no physical dis~ibution of the Certificates of Obligation will be made to
the pubhc, and The Depository Trust Company ("DTC"), New York, New York, initially will act as
depository for the Certificates of Obligation. DTC has represented that it is a limited purpose trust
company incorporated under the laws of the State of New York, a member of the Federal Reserve
System, a "clearing corporation" w/thin the meaning of the New York Uniform Commercial Code, and a
"clearing agency" registered under Section 17A of the Securities Exchange Act of 1934, as amended, and
-28-
the City accepts, but in no way verifies, such representations. The Certificates of Obligation imtially
authorized by this Ordinance shall be delivered to and registered in the name of CEDE & CO., the nominee
of DTC. It is expected that DTC will hold the Ceaificates of Obligation on behalf ofthe Undem~riters and
their respective participants. So long as each Certificate of Obligation is registered in the name of CEDE
& CO., the Paying Agent/Registrar shall treat and deal with DTC the same in all respects as if it were the
actual and beneficial owner thereof. It is expected that DTC will maintain a book-entry system which will
identify ownership of the Certificates of Obligation in integral amounts of $5,000, with transfers of
ownership being effected on the records of DTC and its participants pursuant to roles and regulations
established by them, and that the Cerfflcates of Obligation initially deposited with DTC shall be anmotfflized
and not be finther exchanged for substitute Ce~ficates of Obligation except as hereinafter provided. The
City is not responsible or liable for any functions of DTC, will not be responsible for paying any fees or
charges with respect to its services, will not be responsible or liable for maintaining, supervising, or
reviewing the records of DTC or its participants, or protecting any interests or rights of the beneficial
owners of the Certificates of Obligation. It shall be the duty of the DTC Participants, as defined in the
Official Statement herein approved, to make all arrangements with DTC to establish this book-entry
system, the beneficial ownership of the Ce~/ficates of Obligation, and the method of paying the fees and
charges of DTC. The City does not represent, nor does it in any way covenant that the init/al book-enUy
system established with DTC will be maintained in the future. Notwithstanding the initial establishment of
the foregoing book-entry system with DTC, if for any reason any of the originally delivered Celfificates of
Obligation is duly filed with the Paying Agent/Registrar with proper request for transfer and substitution,
as provided for in this Ordinance, substitute Cextificates of Obligation will be duly delivered as provided
in this Ordinance, and there will be no assurance or representation that any book-entry system will be
-29-
maintained for such Cerdficates of Obligation. In coneection with the initinl establishrnent of the foregoing
book-entry system with DTC, the City heretofore has executed a "Blanket Letter of Representations"
prepared by DTC in order to implement the book-entry system described above.
Section 22. INTE REST EARNINGS. Interest earnings derived from the investment ofproeeeds
from the sale of the Certificates shall be used along with other proceeds for the conslruction of the
permanent improvements set forth in Section 1 hereof for which the Certificates are issued; pmvided that
after completion of such permanent improvements, if any of such interest earnings remain on hand, such
interest earnings shall be deposited in the Interest and Sinking Fund. It is further provided, however, that
any interest earnings on proceeds which are required to be rebated to the umted States of America
pursuant to this Ordinance hereof in order to prevent the Certificates from being arbilrage bends shall be
so rebated and not considered as interest earnings for the purposes of this Section.
Section 23. CONFLICTING PROCEEDINGS. That all ordmanees and resolufious or parts
thereof in conflict herewith are hereby repealed.
Section24. OFFICIALS AUTHORIZED TO ACT ON BEHALF OF THE CITY. That the
Mayor, the City Secretary, the City Manager, any Assistant City Manager or the Director of Financial
Services of the City, and all other officers, employees, and agents of the City, and each of them, shall be
and they are hereby expressly authorized, empowered, and directed from time to time and at any time to
do and perform all such acts and things and to execute, acknowledge, and deliver in the name and under
the seal and on behalf of the City all such instruments, whether or not herein mentioned, as may be
necessary or desirable in order to carry out the terms and provisions of this Ordinance, the Certificates,
the offering documents prepared in connection with the sale of the Certificates, or the Paying
Agent/Registrar Agreement. In case any officer whose signature appears on any Certificate shall cease to
be such officer before the delive~ of such Ceaificate, such signature shall nevertheless be valid and
sufficient for all purposes the same as if he or she had remained in office until such delivery.
Section 25. RULES OF CONSTRUCTION. That for all purposes of this Ordinance, unless
the context requires otherwise, all references to designated Sections and other subdivisions are to the
Sections and other subdivisions of this Ordinance. The words "herein", "hereof' and "hereunder" and other
words of similar import refer to this ordinance as a whole and not to any particular Section or other
subdivision. Except where the context otherwise requires, terms defined in this Ordinance to impart the
singular number shall be considered to include the plural number and vice versa. References to any named
person means that party and its successors and assigns. References to any constitutional, statutory or
regulato~ provision means such provision as it exists on the date this Ordinance is adopted by the City and
any future amendments thereto or successor provisions thereof. Any reference to the payment of principal
in this Ordinance shall be deemed to include the payment of any mandato~ stoking fund redemption
payments as described hereto. Any reference to "FORM OF CERTIFICATE" shall refer to the form of
the Certificates set forth in Exhibit A to this ordinance. The titles and headings of the Sections and
subsections of this Ordinance have been inserted for convenience of reference only and are not to be
considered a part hereof and shall not in any way modify or restrict any of the terms or provisions hereof.
Section 26. IMMEDIATE EFFECT. That in accordance with the provisions of V.T.C.A.,
Govemment Code, Section 1201.028, this Ordinance shall be effective anmediately upon its adoption by
the City Council.
-31-
ADOPTED this 29th day of October, 2002.
AITEST:
Mayor, City of Corpus Christi, Texas
City Secretary, City of Corpus Christi, Texas
(SEAL)
APPROVED AS TO FORM AND LEGALITY:
~J~'"~'~ ~ Chris6, Texas
City Attomey,
-32-
FORM OF CERTIFICATE
NO. R-
UNITED STATES OF AMERICA $
STATE OF TEXAS
COUNTIES OF NUECES AND SAN PATRICIO
CITY OF CORPUS CHRISTI, TEXAS
COMBINATION TAX AND MUNICIPAL HOTEL OCCUPANCY TAX
REVENUE CERTIFICATE OF OBLIGATION
SERIES 2002
MATURITY DATE
INTEREST RATE
%
ORIGINAL ISSUE DATE CUSIP
ON THE MATURITY DATE specified above, THE CITY OF CORPUS CHRISTI, TEXAS
(the "City" or the "Issuer"), being a political subdivision of the State of Texas, hereby promises to pay to
(hereinafter called the "registered owner") the principal amount of
DOLLARS
and to pay interest thereon from the Original Issue Date specified above, on March 1, 2003, and
semiarmually on each September 1 and March I thereafter to the maturity date specified above or the
date of its redemption prior to scheduled maturity, at the interest rate per annum specified above; ex-
cept that if this Certificate is required to be authenticated and the date of its authentication is later than
March 1, 2003, such interest is payable semiannually on each September 1 and March 1 following such
date.
THE PRINCIPAL OF AND INTEREST ON this Certificate are payable in lawful money of
the United States of America, without exchange or collection charges. The principal of this Certificate
shall be paid to the registered owner hereof upon presentation and surrender of this Certificate at
maturity, or upon the date fixed for its redemption prior to maturity, at the corporate trust office in
Dallas, Texas (the "Designated Trust Office") of JPMorgan Chase Bank (the "Paying Agent/Registrar").
The payment of interest on this Certificate shall be made by the Paying P/gent/Regislrar to the registered
owner hereof as shown by the Registration Books kept by the Paying Agent/Registrar at the close of
business on the 15th day of the month next preceding such interest payment date by check drown by
the Paying Agent/Registrar on, and payable solely from, funds of the Issuer required to be on deposit
with the Paying Agent/Registrar for such purpose as hereinafter provided; and such check shall be sent
by the Paying AgenffRegistrar by United States mail, first-class postage prepaid, on each such interest
payment date, to the registered owner hereof at its address as it appears on the Registration Books
kept by the Paying Agent/Registrar, as hereinafter described, or by such other method, acceptable to
the Paying Agent/Registrar, requested by, and at the risk and expense of, the registered owner. The
Issuer covenants with the registered owner of this Certificate that no later than each principal payment
and/or interest payment date for this Certificate it will make available to the Paying Agent/Registrar
fi-om the Interest and Sinking Fund as defined by the ordinance authorizing the Certificates (the
"Certificate Ordinance") the amounts required to provide for the payment, in immediately available
funds, of all principal of and interest on the Certificates, when due.
IF THE DATE for the payment of the principal of or interest on this Certificate shah be a
Saturday, Sunday, a legal holiday, or a day on which banking institutions in the city where the
Designated Trust Office of the Paying AgenffRegistrar is located are authorized by law or executive
order to close, or the United States Postal Service is not open for business, then the date for such
payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day
on which banking iushtufions are authorized to close, or the United States Postal Service is not open for
business; and payment on such date shall have the same force and effect as if made on the original date
payment was due. Notwithstanding the foregoing, during any period in which ownership of the
Certificates is determined only by a book entw at a securities depository for the Certificates, any
payment to the securities depository, or its nominee or registered assigns, shall be made in accordance
with existing arrangements between the Issuer and the securities depository.
THIS CERTIFICATE is one of a Series of Certificates (the "Certificates") dated the Original
Issue Date specified above, authorized in accordance with the Constitution and laws of the State of
Texas in the principal amount of $31,490,000 FOR THE PURPOSE OF PROVIDING PART OF
THE FUNDS FOR PAYING CONTRACTUAL OBLIGATIONS TO BE INCURRED FOR THE
CITY, TO-WIT: the acqnisition of land and the enlarging, equipping and repairing of, and constmctiun
of improvements to, the City's Convention Center located at 1901 N. Shoreline Boulevard; the
coustmction of related street and drainage improvements; and the payment for fiscal, engineering and
legal fees incun'ed in connection therewith.
ON SEPTEMBER 1,201_, or on any date thereafter, the Certificates of this Series maturing
on September 1,201_ and thereafter may be redeemed prior to their scheduled maturities, at the
option of the Issuer, with funds derived from any available and lawful source, as a whole, or in part
(provided that a portion ora Certificate may bo redeemed only in an integral multiple of $5,000), at par
and accrued interest to the date fixed for redemption. The years of maturity of the Certificates called
for redemption at the option of the Issuer prior to stated maturity shall be selected by the Issuer. The
Certificates or portions thereof redeemed within a maturity shall be selected at random and by lot by
the Paying AgenVRegistrar; provided, that dining any period in which ownership of the Ce~ificates is
determined only by a book entry at a securities depository for the Certificates, if fewer than all of the
Certificates of the same maturity and bearing the same interest rate are to be redeemed, the particular
Certificates of such maturity and bearing such interest rate shall be selected in accordance with the
arrangements between the Issuer and the securities depository.
THE CERTIFICATES are also subject to mandatory redemption in part by lot pursuant to the
terms of the Certificate Ordinance, on September I in each of the years 20~ and 204 inclusive, with
respect to Certificates maturing September 1,204 in the following years and in the following amounts,
at a price equal to the principal amount thereof and accrued and unpaid interest to the date of
redemption, without premium:
Year
Principal Amount
*Final Maturity
To the extent, however, that Certificates subject to sinking fund redemption have been previously
purchased or called for redemption in part and otherwise than fi.om a sinking fund redemption payment,
each annual sinking fund payment for such Certificate shall be reduced by the amount obtained by
rc~tiplying the principal amount of Ceaificates so purchased or redeemed by the ratio which each
remaining sinking fund redemption payment for such Certificates bears to the total remaining sinking
fund payments, and by rounding each such payment to the nearest $5,000 integral; provided, that
during any period in which ownership of the Certificates is determined only by a book entry at a
securities depository for the Certificates, the particular Certificates to be called for mandatory
redemption shall be selected in accordance with the arrangements between the lssuer and the securities
depository.
AT LEAST 30 days prior to the date fixed for any such redemption, (a) a written notice of such
redemption shall be given to the registered owner of each Ce~ficate or a po~don thereof being called
for redemption by depositing such notice in the United States mail, first-class postage prepaid,
addressed to each such registered owner at his address shown on the Registration Books of the Paying
Agent/Registrar and (b) notice of such redemption shall be published one (1) time in a financial joumal
or publication of general circulation in the United States of America canying as a regular feature notices
of municipal bonds called for redemption, provided, however, that the failure to send, mail, or receive
such notice described in (a) above, or any defect therein or in the sending or mailing thereof, shall not
affect the validity or effectiveness of the proceedings for the redemption of any Certificate, and the
Certificate Ordinance provides that the publication of notice as described in (b) above shall be the only
notice actually required in connection with or as a prerequisite to the redemption of any Certificates.
By the date fixed for any such redemption due provision shall be made by the Issuer with the Paying
Agent/Registrar for the payment of the required redemption price for this Certificate or the portion
hereof which is to be so redeemed, plus accrued interest thereon to the date fixed for redemption. If
such notice of redemption is given, and if due provision for such payment is made, all as provided
above, this Certificate, or the portion hereof which is to be so redeemed, thereby automatically shall be
redeemed prior to its scheduled maturity, and shall not bear interest after the date fixed for its
redemption, and shall not be regarded as being outstanding except for the right of the registered owner
to receive the redemption price plus accmed interest to the date fixed for redemption from the Paying
AgenffRegistmr out of the funds provided for such payment. The Paying Agent/Registrar shall record in
the Registration Books all such redemptions of principal of this Certificate or any portion hereof. If a
portion of any Certificate shall be redeemed a substitute Certificate or Certificates having the same
maturity date, bearing interest at the same rate, in any denomination or denominations in any integral
multiple of $5,000, at the written request of the registered owner, and in aggregate principal amount
equal to the umedeemed portion thereof, will be issued to the registered owner upon the surrender
thereof for cancellation, at the expense of the Issuer, all as provided in the Certificate Ordinance.
ALL CERTIFICATES OF THIS SERIES are issuable solely as fully registered certificates,
without interest coupons, in the denomination of any integral multiple of $5,000. As provided in the
Certificate Ordinance, this Certificate, or any unredeemed poWion hereof, may, at the request of the
registered owner or the assignee or assignees hereof, be assigned, transferred, and exchanged for a like
aggregate principal amount of fully registered certificates, without interest coupons, payable to the
appropriate registered owner, assignee, or assignees, as the case may be, having the same maturity
date, and bearing interest at the same rate, in any denomination or denominations in any integral multiple
of $5,000 as requested in whtmg by the appropriate registered owner, assignee, or assignees, as the
case may be, upon surrender of this Certificate to the Paying Agent/Registrar at its Designated Trust
Office for cancellation, all in accordance with the form and procedures set fogh in the Certificate
Ordinance. Among other requirements for such assignment and transfer, this Certificate must be
presented and surrendered to the Paying Agent/Registrar, together with proper instruments of
assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar,
evidencing assignmem of this Certificate or any portion or portions hereof in any integral multiple of
$5,000 to the assignee or assignees in whose name or names this Certificate or any such portion or
portions hereof is or are to be transferred and registered. The form of Assignment printed or endorsed
on this Certificate may be executed by the registered owner to evidence the assignment hereof, but such
method is not exclusive, and other instruments of assignment satisfactory to the Paying Agent/Registrar
may be used to evidence the assignment of this Certificate or any potion or portions hereof fiom time
to time by the registered owner. The Issuer shall pay the Paying AgenffRegistrax~s reasonable standard
or customary fees and charges for transferring and exchanging any Certificate or portion thereof. In any
circumstance, any taxes or governmental charges required to be paid with respect thereto shall be paid
by the one reques0ng such assignment, transfer, or exchange as a condition precedent to the exercise of
such privilege. In any circumstance, neither the Issuer nor the Paying Agent/Registrar shall be required
(1) to make any transfer or exchange during a period beginning at the opening of business 30 days
before the day of the first mailing of a notice of redemption of certificates and ending at the close of
business on the day of such mailing, or (2) to transfer or exchange any certificates so selected for
redemphon when such redemption is scheduled to occur within 30 calendar days.
WHENEVER the beneficial ownership of this Bond is determined by a book entry at a
securities depository for the Certificates, the foregoing requirements of holding, delivering or transferring
this Certificate shall be modified to require the appropriate person or entity to meet the requirements of
the securities depository as to registering or transferring the book entry to produce the same effect.
IN THE EVENT any Paying Agent/Registtar for the Certificates is changed by the Issuer,
resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Certificate Ordinance that
it promptly will appoint a competent and legally qualified substitute therefor, and cause written notice
thereof to be mailed to the registered owners of the Certificates.
BY BECOMiNG the registered owner of this Certificate, the registered owner thereby
acknowledges all of the terms and provisions of the Certificate ordinance, agrees to be bound by such
texms and provisions, acknowledges that the Certificate Ordinance is duly recorded and available for
inspection in the official minutes and records of the Issuer, and agrees that the terms and provisions of
this Certificate and the Certificate Ordinance conshtute a contract between each registered owner
hereof and the Issuer.
IT IS HEREBY certified, recited and covenanted that this Certificate has been duly and validly
authorized, issued, and delivered; that all acts, conditions, and things required or proper to be
performed, exist, and be done precedent to or in the authorization, issuance, and delivery of this
Certificate have been performed, existed, and been done in accordance with law; that this Certificate is
a direct obligation of the City, issued on the full faith and credit thereof; that annual ad valorem taxes
sufficient to provide for the payment of the interest on and principal of this Certificate, as such interest
comes due and such principal matures, have been levied and ordered to be levied against all taxable
property in the City, and have been pledged for such payment, within the limit prescribed by law; and
that the "Available Hotel Occupancy Taxes" (as defined in the Certificate Ordinance) remaining after
payment of all other obligations now or hereafter payable therefrom, as provided in the Certificate
Ordinance, have been pledged as additional sectmty for the Certificates.
IN WIINESS WHEREOF, this Certificate has been signed with the manual or facsimile
signature of the Mayor of the City, attested by the manual or facsimile signature of the City Secretary of
the Cily, and the official seal of the City has been duly affixed to, impressed, or placed m facsimile, on
this Certificate.
City Secretary, City of
Corpus Ctmsti, Texas
Mayor, City of Corpus Christi, Texas
(SEAL)
FORM OF PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
It is hereby cethfied that this Certificate of Obligation has been issued under the provisions of
the Certificate Ordinance described on the face of this Certificate of Obligation; and that this Certificate
of Obligation has been issued in exchange for or replacement of a certificate of obligation, certificates of
obligation, or a portion of a certificate of obligation or certificates of obligation of an issue which
originally was approved by the Attorney General of the State of Texas and registered by the
Comptroller of Public Accounts of the State of Texas.
Dated
IPMorgan Chase Bank
Dallas, Texas
By
Authorized Representative
FORM OF ASSIGNMENT:
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned hereby sells,
assigns and transfers unto
(Please insert Social Security or Taxpayer Identification Number of Transferee)
/ /
(Please print or typewrite name and address, including
zip code of Transferee)
the within Certificate of Obligation and all rights
thereunder, and hereby irrevocably constitutes
transfer of the within Certificate
of Obligation on books kept for registration thereof, with
full power of substitution in the premises.
and appoints
attomey to register the
Dated:
Signature Guaranteed:
NOTICE: Signature(s) must
be guaranteed by a member
firm of the New York Stock
Exchange or a commercial
bank or trust company.
NOTICE: The signature above must
correspond with the name of the
Registered Owner as it appears upon
the front of this Certificate of Obligation
in every particular, without alteration or
or enlargement or any change whatsoever.
*FORM OF COMPTROLLER'S CERTIFICATE ATTACHED TO
THE CERTIFICATES UPON INITIAL DELIVERY THEREOF
OFFICE OF COMPTROLLER
STATE OF TEXAS
REGISTER NO.
I hereby ceaify that there is on file and of record in my office a certificate of the Attomey General of
the State of Texas to the effect that this Ceaificate has been examined by him as required by law, and
that he finds that it has been issued in conformity with the Constitution and laws of the State of Texas,
and that it is a valid and binding obligation of the City of Corpus Clmsti, Texas, payable in the manner
provided by and in the ordinance authorizing same, and said Certificate has this day been registered by
me.
WITNESS MY HAND and seal of office at Austin, Texas this
(SEAL)
Comptroller of Public Accounts of
the State of Texas
NOTE TO PRINTER:
*¶ not to be on certificate
Exhibit B
to
Ordinance
DESCRIPTION OF ANNUAL FINANCIAL INFORMATION
The following information is referred to in Section 18 of this Ordinance.
Annual Financial Statements and Ope_mt/ne Data
The financial information and operating data with respect to the City to be provided annually in
accordance with such Section are as specified (and included in the Appendix or under the headings of
the Official Statement referred to) below:
Appendix A, under the headings: "Debt Payable from Taxes", "General Fund Revenues", "General
Expenses", "Ad Valorem Taxes", "Municipal Hotel Occupancy Taxes", "Sohd Waste Operations", and
"The Tax Increment FinanCing Act"; and
Appendix C, "Combined Financial Statements of the City of Corpus Clmsti, Texas for the Fiscal Year
ended July 31,2001.
Accounting Principles
The accounting principles referred to in such Section are the accounting principles described in
the notes to the financial statements referred to above.
THE STATE OF TEXAS
COUNTY OF NUECES
CITY OF CORPUS CHRISTI :
1, the undersigned, City Secretary of the City of Corpus Christi, Texas, do hereby certify that
the above and foregoing is a tree, full and correct copy of an Ordinance passed by the City Council of
the City of Corpus Clmsti, Texas (and of the minutes pertaining thereto) on the 29th day of October,
2002, authorizing the issuance of $31,490,000 Combination Tax and Municipal Hotel Occupancy Tax
Revenue Certificates of Obligation, Series 2002, which ordinance is duly of record in the minutes of
said City Council, and said meeting was open to the public, and public notice of the time, place and
purpose of said meeting was given, all as required by Texas Government Code, Chapter 551.
EXECUTED UNDER MY HAND AND SEAL of said City, this the 29th day of October,
2002.
City Secretary, City of Corpus Christi, Texas
(SEAL)
Corpus Christi, Texas
Day of ,20
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an emergency
exists requiring suspension of the Charter rule as to consideration and voting upon ordinances
at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass
this ordinance finally on the date it is introduced, or at the present meeting of the City Council.
Respectfully,
Respectfully,
Council Members
The above ordinance was
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Henry Garrett
Bill Kelly
Rex A. Kinnison
John Longoria
Jesse Noyola
Mark Scott
3assed by the following vote:
Samuel L. Neal, Jr., Mayor
City of Corpus Christi
22
AGENDA MEMORANDUM
DATE:
October 24, 2002
SUBJECT:
Exceptional Well Drill Site In
State Tract 60 and State Tract 49
of Corpus Christi Bay
AGENDA ITEM:
Motion granting a permit to Sabco Operating Company to drill an oil or gas well at an
exceptional location, eastward of the Corpus Christi Marina in Corpus Christi Bay, at State Tract 49
Well No. 7 and State Tract 60 WellNo. I.
ISSUE:
The City Code of Ordinances~ Section 35-56, requires City Council approval of drilling
permit applications for exceptional well locations in Corpus Christi Bay.
BACKGROUND INFORMATION:
The City Code of Ordinances~ Section 35-56, sets standards for wells drilled in the area of
Corpus Christi Bay southerly of the Ship Channel and westerly of the Intracoastal Waterway. The
well surface location must be located in the westerly comer of the 640 acre state tract to qualit3y as
a regular location. Unless protested, permits to drill from regular locations do not require council
action. Exceptional well locations are sites outside of the westerly comer that allow wells to be
drilled as straight or directional boreholes for the purpose of obtaining the only access to the geologic
target. Section 35-56 allows the Council to grant permits for exceptional locations if it is needed to
prevent confiscation of property. Sabco Operating Company owns several producing wells in the
immediate bay area and has paid the $1,500.00 permit application fee for each well. They are
requesting the exceptional location to expedite the drilling of State Tract 49 Well No. 7 and State
Tract 60 Well No. 1 to create a viable drilling prospect.
RECOMMENDATION:
Due to the need for economics of straight hole drilling that meets the City Code criteria for
an exceptional location, staff recommends approval of the drilling permit application by Sabeo
Operating Company.
Oil and Gas WelIDivision
JJA:pa
cCit j of
oi'pus
Christi