Loading...
HomeMy WebLinkAboutAgenda Packet City Council - 12/10/2002CITY COUNCIL AGENDA "Corpus Christi Celebrating 150 Years" December 10, 2002 1:45 p.m. Presentation for Recycled Art Contest Awards Certificates of Commendation presented to William F. Thomas - Solid Waste Services, Anna Teresa Gonzalez - Park and Recreation, and Julian Lopez - Park and Recreation for being named Rotary Unsung Heroes Proclamation declaring December 20, 2002 as "Homeless Memorial Sunrise Service Day" AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD DECEMBER 10, 2002 12:00 P.M. PUBLIC NOTICE- THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 5:30 p.m. or at the end of the Council Meeting, whichever is eadier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si ud. Desea dirigirse 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 ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-880-3105) at least 48 hours in advance so that apprepdate arrangements can be made. A. Mayor Samuel L. Neal, Jr. to call the meeting to order. B. Invocation to be given by Reverend Daniel Sanchez, Glory Full Gospel Church. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Samuel L. Neal, Jr. Mayor Pro Tern Javier D. Colmenero Council Members: Brent Chesney Henry Garrett Bill Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott City Manager David R. Garcia City Attorney James R. Bray, Jr.__ City Secretary Armando Chapa __ Agenda Regular Council Meeting December10,2002 Page 2 Eo F= MINUTES: Approval of Workshop Meeting of November 18, 2002, Regular Meeting of November 19, 2002 and Special Meeting of November 26, 2002. (Attachment Cf 1) EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. Executive session pursuant to Texas Govemment Code Section 551.071 regarding Corpus Christrs Sexually Oriented Business Ordinance. Executive session pursuant to Texas Government Code Section 551.071 regarding Second Baptist Church of Corpus Christi, Texas v. City of Corpus Christi, No. 00-6895-A, 28th 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 Larry Young et al v. City of Corpus Christi, No. 01-647-C, 94th 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 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. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting December10,2002 Page 3 G. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 6) Citizens Advisory Health Board Corpus Chdsti Convention and Visitors Bureau Board Corpus Christi Regional Economic Development Corporation Board Oil and Gas Advisory Committee Sister City Committee H. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure retherthan a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support 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 requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration) Motion approving a supply agreement with Altivia of Houston, Texas in accordance with Bid Invitation No. BI-0016-03, for approximately 1,080 tons of liquid chlorine based on Iow bid for an estimated annual expenditure of $268,920. The term of the agreement shall be for twelve months with an option to extend for CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting December 10, 2002 Page 4 10. 11.a. 11.b. up to two (2) additional twelve-month periods, subject to the approval of the supplier and the City Manager or his designee. This chemical will be used bythe Water Department for treatment of our water supply. Funds have been budgeted in FY 2002-2003 by the Water Department. (Attachment # 7) Motion approving a supply agreement with Comlink Wireless Technologies, Inc., of Grapevine, Texas for two-way radio batteries in accordance with Bid Invitation No. BI-0131-02, based on Iow total bid for an estimated annual expenditure of $50,851.16. The term of the contract will be for twelve months with an option to extend for up to two additional twelve-month periods, subject to the approval of the supplier and the City Manager or his designee. The batteries are used by various City departments. Funds have been budgeted in FY 2002-2003 bythe using departments. (Attachment # 8) Motion approving a supply agreement with SBC of Austin, Texas for hardware and operating system maintenance and support on the City's Cisco network equipment in accordance with the State of Texas Cooperative Purchasing Program for a total amount of $70,445.64. The term of the contract will be for twelve months with an option to extend for up to two additional twelve-months periods subject to the approval of the supplier and the City Manager or his designee. (Attachment # 9) Resolution authorizing the City Manager or his designee to submit a grant application in the amount of $57,060 to the State of Texas, Criminal Justice Division for Year 4 funding available under the Victims of Crime Act (VOCA) Fund for the Police Department's Family Violence Unit. (Attachment# 10) Motion adopting the timetable for the FY2003 Consolidated Plan/Annual Action Plan that is the planning and application process for the Community Development Block Grant (CDBG), HOME Investments Partnerships (HOM E) and Emergency Shelter Grants (ESG) programs. (Attachment # 11) Motion reaffirming Community Development Block Grant Program objectives and guidelines as previously adopted by the City Council on March 22, 1994 (Ordinance No. 21901 ). (Attachment #11) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting December10,2002 Page 5 12. 13. 14. 15. Motion granting a permit to Sabco Operating Company to drill an oil or gas well located approximately six (6) miles seaward of the Corpus Christi Marina in Corpus Christi Bay, State Tract 53. (Attachment # 12) Resolution authorizing the City Manager or his designee to submit a grant application in the amount of $131,018 to the State of Texas, Office of the Governor, Criminal Justice Division, for funding eligible under the FY2002 Juvenile Accountability Incentive Block Grants Program to fund a program to reduce juvenile delinquency, improve the juvenile justice system, and increase the accountability for juvenile offenders. (Attachment # 13) Ordinance approving the sale of surplus houses to be moved and authorizing the City Manager or his designee to execute an Eamest Money Contract and Bill of Sale for all surplus houses available to be sold by sealed bid in connection with the McArdle Road Street Improvement Project, Phase 3. (Bond Issue 2000) (Attachment # 14) PUBLIC HEARINGS: (APPROXIMATELY 2:00 P.M.) ZONING CASES: Case No. 1102-01, Braselton Land Ventures, Inc.: A change of zoning from a "F-R" Farm-Rural District to a "R-lC" One-family Dwelling District on Flour Bluff and Encinal Farm and Garden Tracts, Section 19, being 27.896 acres and .44 acres out of Lots 13 and 14, located on the north side of Wooldridge Road, approximately 1,650 feet east of Aidine Road. (Attachment # 15) Planning Commission's and Staff's Recommendation: Approval of the "R-lC" One-family Dwelling District. ORDINANCE Amending the Zoning Ordinance upon applicaton by the Braselton Land Ventures, Inc. by changing the zoning map in reference to 27.896 acres and .44 acres out of Lots 13 and 14, Section 19, Flour Bluff and Encinal Farm and Garden Tracts, from CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting December10,2002 Page 6 "F-R" Farm-Rural Dwelling District to "R-1C" One-family Dwelling District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. ZONING TEXT AMENDMENT: 16.a. Public Hearing to hear citizens comments regarding proposed amendments to the Zoning Ordinance, Article 24. (Attachment # 16) 16.b. First Reading Ordinance - Amending the Zoning Ordinance by amending Article 24, Height, Area and Bulk Requirements by adding a category for One-Family Dwelling on Padre and Mustang Barder Islands in an "AT" Apartment Toudst District; by including in this category the following minimum requirements: 20-foot front yard, 5-foot side and rear yards, 25 percent yard open space, 5,000 square foot lot, and 50-foot lot width; and maximum requirements: none for height, 43,560 square foot floor area per acre of lot area, 1.0 floor area factor, and 8.72 units per acre. (Attachment # 16) K= PRESENTATIONS: Public comment will not be solicited on Presentation items. 17. 14th Annual Feast of Shadng, HEB Holiday Dinner (Attachment # 17) 18. 2002 Citizen Survey Results (Attachment # 18) L= REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 19. Motion approving the creation of the City of Corpus Christi Economic Development Office. (Attachment # 19) 20. First Reading Ordinance - Approving the FY2002-2003 Capital Budget in the amount of $229,913,200. (Attachment # 20) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting December10,2002 Page 7 21. 22. 23. 24. 25. Ordinance authorizing the issuance of City of Corpus Christi, Texas Tax Notes, Series 2002 in the amount of $2,150,000 for the purpose of paying contractual obligations incurred or to be incurred for the renovations of the former Frost Bank building (creation of Emergency Operations Command Center and One Stop Development Center) and for the purchase and installation of chillers at City Hall. (Attachment # 21) Ordinance appropriating $2,050,000 from the sale of City of Corpus Chdsti, Texas Tax Notes, Series 2002 in the No. 5110 Maintenance Service Fund; for purpose of paying contractual obligations incurred or to be incurred for the renovations of the former Frost Bank Building (creation of Emergency Operations Command Center and One Stop Development Center), and for purchase and installation of City Hall chillers; transferring $508,880 to the No. 3160 City Hall Capital Improvement Program Fund to reimburse funds transferred under Ordinance 025051 for the One Stop Development Center; amending Ordinance No. 024974 which adopted the FY2002-2003 Operating Budget by increasing appropriations by $2,050,000. (Attachment # 22) Motion authorizing the City Manager or his designee to execute a construction contract in the amount of $559,214 with Malek Inc., of Corpus Christi, Texas for the City Hall Chiller Replacement - Phase 1. (Attachment # 23) Resolution approving Morgan Stanley & Company Incorporated as dealer for the City's Utility System Commercial Paper Note Program, Series B, and authorizing the City Manager to negotiate a dealer agreement with said firm. (Attachment # 24) Motion authorizing the City Manager or his designee to execute a construction contract with Laughlin-Thyssen, Inc., of Houston, Texas, for a total fee not to exceed $8,920,125 for the O.N. Stevens Water Treatment Plant Wash Water System, Phase 2 (Filter Drain, Yard Piping, Filter to Waste) Project. (Attachment # 25) PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 5:30 P.M. OR AT THE END OF THE COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting December10,2002 Page 8 Ne 26. 27. 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 pe/~aining to your subject, please present it to the City Secretary.) Si usted se dirige a la junta y cree que su ingl~s es limitado, habr~ un int~rprete inglOs-espat~ol en la reunion de la junta para ayudarle. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. 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. CITY MANAGER'S REPORT * Upcoming Items MAYOR'S UPDATE COUNCIL AND OTHER REPORTS CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) O. ADJOURNMENT: Agenda Regular Council Meeting December10,2002 Page 9 POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at 2:30 p.m., December 6 ,2002. Armando Chapa ~ City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com after 7:00 p.m. on the Friday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by Monday morning. Symbols used to highlight action item that implement council priority issues. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 2001-2002 CiTY COUNCIL GOALS AND PRIORITY ISSUES Airport / Seawall / Convqnflon Center / Arena · Continue quarterly reporting process for these initiatives. '86 Bo~d,ls~ue Improvements Update status on Senior Centers. Provide communication on completion of these projects (e.g. "Report to the Community"). · Continue community involvement on issues such as Leopard Street improvements. Priv#fl~ti~a / Re-Emtineerin~ · Clearly define "privatization" and 'Ye-engineeting." · Make decisions regarding privafization and re-engineering in the next 12-24 months, with discussions within 90 days. · Establish process to identify what services can and cannot be privatized. · Continue focus on park maintenance. Finance · Maintain the 5-year forecast model. · Review the August 1 budget adoption deadline. Crime Congrol and Prevention · Continue implementation of the Community Policing initiative. · Establish date for Crime Conlxol and Prevention District election. Continue City participation in Youth Opportunities United and other youth crime initiatives. Employee Health Care · Address concerns related to employee compensation and benefits, including health insurance. · Work to coordinate Police and Fire health benefits with those of other City employees Economic Development Sal~s Tax · Establish election date. NEw PRIORITY INITIATIVES AND ISSUES City staff will develop and present to City Council action/implementation plans for the following priority Desalination Pilot Project *Code Enforcement in Trashy Neighborhoods *Employee Classification Study Ma ster Drainage Plan ~d~ 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 Utifi[y · Reconsider implementation plan for a Storm Water Utility. Packerv Channel · Continue quarterly reports on the progress of the TIF and Beach Restoration Project. L4ndffil · Continue to evaluate the efficiency and effectiveness of operations. * Examine alternatives for solid waste management system, including privatization. Iutern~t · Continue regular updates and expansion of the City's web site, including individual council member web pages. * Establish target date for online permitting process. · Communicate brush pickup via e-mail. Ct}a,a, · Continue active role. Fros~ B#~k Buildiu~ · Lease and complete renovation Annexa~on Pla, · Implement current island annexation plan · Develop and approve ADA Transition Plan within 90 days. Redtstrietln~ · Develop Council.approved redistricting plan for the City of Corpus Cl'aisti Industrial Distric~ Contrs~t · Review Industrial District contracts and determine date for approval Staff completes action requests in a timely manner. C~ty / County lte~lth Issue~ · Continue discussions with County to determine structure and process for thc most effective and efficient delivery of health services Markefln~ of CC Museum and C01-mbus Ships · Continue to develop marketing plans for the Museum of Science and History and the Columbus Fleet Relationships with Other Governments Development Initiative Packages *Park Rehabilitation *Leopard Street Curbs and Gutters Economic Development Summit and Post-Summit Meetings Agnes-Laredo Corridor Market (studies, plans) *Solid waste / Pickup Base Closures **Northwest Library Northside Development Plan Traffic Controls (channeling, studying on/off ramps on SPID) *Five Points Ambulance Effluent Plan for Leopard Medians RTA--Public Improvements Arts and Sciences Park Plan Budget Item ** Capital Improvement Program Item 1 MINUTES CITY OF CORPUS CHRISTI, TEXAS City Council Workshop November 18, 2002 - 1:34 p.m. PRESENT Mayor Samuel L. Neal Jr. Council Members: Brent Chesney Henry Garrett Bill Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott City Staff.' City Manager David R. Garcia City Secretary Annando Chapa First Assistant City Attomey Jay Reining Recording Secretary Rachelle Parry ABSENT Mayor Pro Tem Javier D. Colmenero Mayor Neal called the workshop to order in the Water Garden Room of the Corpus Christi Museum of Science and History. City Secretary Chapa checked the roll and verified that the necessary quorum of the Council and the required charter officers were present. City Manager Garcia said the purpose of the workshop was to prepare the Council on upcoming decisions regarding the level of protection (LOP) policy and funding of stormwater programs. He noted that the stormwater system is primarily provided by the private sector because every home and business that is built is required to have such a system. He said the city provides the backbone of the system through major drainage ways. Mr. Garcia showed a list of the series of meetings that have been held to solicit public input on the stormwater protection system. Ms. Valerie Gray, Stormwater Superintendent, described the existing system, which includes several hundred miles of major and minor drainage ditches, underground storm pipe, and curbs and gutters. In addition, there are hundreds of acres of drainage and street right-of-way mowing; thousands of storm inlets and manholes; as well as pump stations, storm gates, storm surge protection levee gates and bridges. She discussed the diverse characteristics of the different areas of the stormwater system, including downtown and older developed areas, southside, northwest and Flour Bluff/Padre Island. Ms. Gray explained that the area's topography is very flat which limits natural drainage. She said the system was built incrementally over mom than 100 years and a significant portion of it was constructed by private developers following various standards. Consequently, it lacks a comprehensive set of adopted level-of-protection standards. Mr. Angel Escobar, Director o f Engineering Services, then discussed the stormwater master plan, the purpose of which is to serve as a planning tool for existing and new development. In addition, it will provide guidance for the LOP policies and other stormwater standards. He said the plan will address the size and direction of stormwater flows as well as design parameters. Minutes - City Council Workshop November 18, 2002 - Page 2 Mr. Escobar also explained the entities contributing to the master plan process: policy makers - Council, Planning Commission and Stormwater Management Advisory Committee; community- interested citizens, Technical Advisory Group, neighborhood associations, development community, environmental interests, local engineers and state and federal agencies; city staff - Stormwater, Engineering Services, Planning and Development, Park and Recreation, and Legal; and the consultant team - Goldston Engineering, Dodson & Associates, TerraPoint, LLC, and the Rodman Company. The Engineering Director said the master plan is intended to evaluate the existing system design standards and recommend new ones; recommend new stormwater management policies; develop a design criteria manual; provide city-wide LIDAR elevation contour maps; and provide a city-wide master plan and hydraulic modeling of major stream miles. He said the plan is scheduled to be completed in August 2003. Mr. Escobar said the policy issues to be addressed include level of protection (flood protection, drainage, and city/developer participation), maintenance, water quality and quality of life. Responding to Council Member Scott, Ms. Gray said the city's permit currently does not require treatment of stormwater nmoff. She said they are operating under the current permit and have applied for a new one. Mr. Escobar then discussed level of protection, which is the depth and/or the spread of stormwater accepted by the community given a storm event of a certain fi'equency, duration and intensity. For example, on October 24, 2002, when the tornados struck Corpus Christi and torrential downpours occurred, the rain gauges in the downtown area measured 6¼ inches in less than three hours, which categorized it as a 100-year storm event. Assistant City Manager Ron Masseypointed out that the official rainfall level at the airport on that date was less than 2 inches. Mr. Escobar said that currently the LOP for residential streets in the city is that ponding of water is allowed to the back of the walk in a five-year design storm and ponding into yards in a 100- year storm. The proposed design standard is to allow ponding only to the back of the curb in a five- year design storm and to ensure that the finished floor of structures is a minimum of 18 inches above the top of the curb. He said that currently homes are between 12-13 inches above the curb top. A discussion ensued about how improved LOPs would affect different areas of the city. Mr. Massey said a drainage proj eot could be constructed in a high-priority area without waiting to include it with a particular street project. Responding to Council Member Noyola, Mr. Escobar noted that even if the number of inlets are increased, the size of the drainage outfall areas (such as Oso Creek) are a factor in drainage. Mr. Escobar said the proposed design standard for collector streets is to keep a minimum of one traffic lane open in each direction. For arterial streets, the proposed standard is to limit ponding to the outside lanes in a 25-year design storm. With regard to major ditches, the current standard in the city is a 25-year storm while the proposed standard is a 100-year storm. In order to not overload Oso Creek too quickly, Mr. Escobar said retention ponds can be created. He also compared Corpus Chfisti's proposed levels of protection with those in other cities. Minutes - City Council Workshop November 18, 2002 - Page 3 Mr. Escobar said staff asked the consultants to determine the cost impact of the proposed standards. Using a hypothetical 16.4-acre subdivision, the cost of drainage improvements per lot would be as follows: current practice - $540 for 120 lots (4,500 square feet) and $925 for 70 lots (7,800 square feet); proposed standard - $1,330 for the smaller lots and $2,280 for the larger lots. The difference between the two standards is $790 for the smaller lots and $1,355 for the larger lots. The subdivision development cost for stormwater infrastructure in the hypothetical subdivision is $64,630 under the current practice and $158,480 under the proposed standard, for a difference of $93,850. Factors contributing to the extra cost are more drainage inlets, more underground pipe and higher building slabs. Mr. Escobar also discussed costs in the existing subdivisions of Casa Blanca Estates, The Lakes-Unit 10, and Northwest Crossing. Mr. Escobar then referred to three scenarios of off-site participation: Scenario #1 is the current practice with a five-year pilot ditch. The current practice encourages minimal infrastructure development, discourages new development, and burdens the city's capital improvement program (CIP) for future expansion. He used the example of Northwest Crossing, which consists of 100 acres and 180 lots. The cost per lot is $6,320 and the project cost is $1,137,175 with no costs picked up by the city. Responding to Council Member Chesney, Mr. Escobar discussed the difference between collector ditches and major ditches. He said that Scenario #2 is the current practice with an upgrade to a 25-year channel. Using the example of the Northwest sub-basin (1,300 acres and 2,340 lots), the developer would not share in the cost while the city's costs would be $445 per lot and $1,037,360 for the whole project. The factors in this scenario are that the cost is shared by the entire community as the project competes for CIP fimding. However, those factors make the project's completion uncertain. Mr. Escobar said that Scenario #3 is the proposed policy with 25-year and 100-year channels wherebyboth the developer and the city share the costs. In the Northwest sub-basin, the developer's cost for 180 lots in Northwest Crossing would be $1,205 per lot and $216,900 for the project, and the city's cost for 2,160 lots would he $1,205 per lot and $2,602,800 for the project, for total costs of $1,205 per lot and $2,819,000 for the project. The proposed policy distributes the cost burden equitably; increases the flood protection; avoids a build-up of CIP projects; fosters in-fill development; and increases infrastructure costs by 30%. Staff also outlined the costs to retrofit the Crossgate Subdivision. A brief discussion ensued. Mr. Escobar outlined the recommendations of the Technical Advisory Group (TAG) for city- developer participation (subject to the availability of funding): the developer is responsible for the construction of on-site minor, collector and major system improvements; reimburse on-site major system improvements; reimburse off-site right-of-way dedication; reimburse off-site construction cost of over-sized minor and collector system improvements as well as major system improvements; and promote orderly growth (planning, design, acquisition and construction) of collector and major system improvements. Council Member Kinnison asked how this reimbursement policy compares to other cities. Mr. Ron Dodson, ofDodson & Associates, said the trend in stormwater funding is to try to match the cost to the services being provided, and those reimbursements are a good example of that. He said some cities have had these policies in place for many years while others are adopting them. Minutes - City Council Workshop November 18, 2002 - Page 4 Responding to Mayor Neal, Mr. Escobar discussed the platting fees and processes and he reviewed the master plan time line. The Mayor then called for a brief recess. When the meeting was reconvened, Mr. Mark McDaniel, Director of Management and Budget, discussed the stormwater funding needs. He said the existing stormwater CIP projects total $85.2 million, of which $68 million is in the long-range Cfi? (years 4-10). He noted that they are based upon existing policies and standards and are not all-inclusive. In addition, city/developer participation in new development is pending. Mr. McDaniel said there are different funding approaches to consider. He said the Council could continue funding stormwater costs through the combined utilities (water fund). He said staff will be presenting the Council with the proposed CIP and capital budget at their regular meeting on November 19, 2002. He said staff added $5 million per year to the short-range CIP, which equates to a 0.5% increase in FY2002-03. He said an additional 1% rate increase would yield $790,815 per year in revenues and $9.9 million in capital improvement project capacity in FY2004. He added that the rate model reflects $5 million every year, which will be $55 million at the end of 11 years. The Budget Director said another possible funding approach is a new utility fee which would fund capital improvements only. He said the fee of $1 per customer per month would generate $912,876 per year in revenue and $10.5 million in bonding capacity. Mayor Neal said the $1 fee would remain in place for 20 years no matter what happens to the rates in the future. Mr. McDaniel said other funding approaches are general obligation bonds (2004 and beyond), drainage district, impact fee program or a combined approach. Mr. Chesney asked how the funding would apply to specific projects and Mr. McDaniel said the $5 million per year would have to be prioritized among different projects. Mr. Chesney also asked about the relationship between the seawall reconstruction and the need to improve drainage in the downtown area, which Mr. Escobar explained. Mr. McDaniel also showed lists of cities which utilize drainage fees and drainage districts; a brief discussion ensued. Mr. Kinnison and Mr. Scott asked about the rate model which Mr. McDaniel discussed. Mr. Garcia said that for the last two years, Mr. McDaniel, Mr. Escobar and Mr. Mario Tapia, Assistant Budget Director, have been examining each capital improvement project in order to provide much more detailed information for the utility rate model. There was a discussion of specific CIP projects using the proposed CIP document. Mayor Neal asked about alternative funding options. Mr. Garcia said there has been a discussion about separating the Stormwater Department from the Water Department. Mr. Kinnison asked what would have happened if millions of dollars of drainage improvements were made downtown and a rain event occurred similar to October 24 (a 100-year storm). Mr. Garcia said the flooding would not have been as severe nor would the water have stayed as long. Ms. Gray referred to the 1998 drainage study which identified downtown areas that are prone to flooding for many reasons. There was additional discussion about the downtown flooding. Mr. Massey said the next steps are the adoption of the capital budget and long-range CIP in December 2002; completion of the stormwater master plan in August 2003; adoption of stormwater Minutes - City Council Workshop November 18, 2002 - Page 5 policies in January 2003 (including level of protection and city/developer participation); and additional consideration of funding options. Council members and staff discussed revenues that would be generated by different rate increases. Mr. McDaniel pointed out that the rate increases alone cannot fund all the stormwater needs. Mr. Garcia reiterated that staff will be coming back to the Council with recommendations in early 2003. Mayor Neal asked staff to provide funding options if the Council opted to do an additional $20 million in stormwater improvements starting next year. Mr. Kinnison asked staff to also indicate how that would affect the General Fund over the next few years and the proposed Bond 2004 program. Following additional discussion, the Mayor said he believes the majority of the Council are asking for ways to address the city's stormwater issues. He said while they cannot solve all the drainage problems, they are one more major rain event away fi.om experiencing huge losses of property and some of those areas are already on the CIP list. Mr. Escobar introduced the consultants and Mayor Neal thanked the Stormwater Management Adviso~ Committee members who attended the workshop. There being no further business to come before the Council, the Mayor adjourned the workshop at 4:30 p.m. on November 18, 2002. MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting November 19, 2002 - 12:00 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Javier D. Colmenero Council Members: Henry Garrett Bill Kelly Rex A. Kiunison John Longoria* Jesse Noyola Mark Scott City Staff: City Manager David R. Garcia Deputy City Manager George Noe City Attorney James R. Bray Jr. City Secretary Armando Chapa Recording Secretary Rachelle Parry ABSENT Brent Chesney Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Father Stelios Sitaras, St. Nicholas Greek Orthodox Church, and the Pledge of Allegiance to the United States flag was led by Council Member Garrett. 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. Council Member Garrett announced that that morning Council Member Chesney's wife, Ashley, delivered a baby boy whom they named Joshua Jackson Chesney. Mayor Neal called for approval of the minutes of the special meeting of November 11,2002, and the regular meeting of November 12, 2002. A motion was made and passed to approve the minutes as presented. Mayor Neal deviated from the agenda and called for consideration of the consent agenda (Items 5-19). Council members requested that Item 12 be discussed. There were no comments from the audience. City Secreta~ Chapa polled the Council for their votes and the following passed: 5. M2002-381 Motion approving the lease purchase of office furniture from Corporate Express of Texas Inc. of Corpus Christi, Texas in accordance with the US Communities Government Purchasing Alliance for the total amount of $238,356.12. The office furniture will be used by Development Services at the One-Stop Center located on the first floor of the Frost Building. Funds have been budgeted by the Development Services in FY2002-2003. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Chesney and Longoria absent. Minutes - Regular Council Meeting November 19, 2002 - Page 2 6. M2002-382 Motion authorizing the City Manager or his designee to execute a construction contract with Haeber Roofing Company of Corpus Christi, Texas, for a total fee not to exceed $55,949.80 for the Oso Wastewater Treatment Plant Lift Station No. 2 roof repairs project. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Chesney and Longoria absent. 7. M2002-383 lO.a. Motion authorizing the City Manager, or his designee, to execute Amendment No. 9 to an engineering services contract with Shiner Moseley & Associates Inc. of Corpus Christi, Texas, in the amount of $84,748 for the Blucher Arroyo stormwater drainage structure condition assessment. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Chesney and Longoria absent. M2002-384 Motion authorizing the City Manager or his designee to execute a materials testing and laboratory services contract with Trinity Engineering/Kleinfelder of Corpus Christi, Texas, in an amount not to exceed $117,297 for the J.C. Elliott Landfill Sector 10 liner improvements. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Chesney and Longoria absent. M2002-385 Motion authorizing the City Manager or his designee to execute Amendment No. 1 to a contract with Freese & Nichols Inc. of Ft. Worth, Texas, in an amount not to exceed $40,000 for engineering design services related to Wesley Seale Dam flood damage repairs-2002. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Chesney and Longoria absent. M2002-386 Motion approving the reimbursement application for $78,707.65 submitted by James Stevenson, Dunhill Enterprises, LLC, owner and developer of Casa Blanca Estates Subdivision, for the installation of 812 linear feet of an off-site 15-inch PVC sanitary sewer collection line. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly, Minutes - Regular Council Meeting November 19, 2002 - Page 3 Kinnison, Noyola, and Scott voting "Aye"; Chesney and Longoria absent. 10.b. ORDINANCE NO. 025103 11. Ordinance appropriating $78,707.65 in the Sanitary Sewer Collection Line Trust Fund No. 4220 to pay James Stevenson, Dunhill Enterprises, LLC, reimbursement request for the installation of 812 linear feet of an off-site 15-inch PVC sanitary sewer collection line to develop Casa Blanca Estates Subdivision. An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Chesney and Longoria absent. ORDINANCE NO. 025104 Ordinance approving $59,585.95 from Country Creek Partners Inc. as the developer's contribution for in lieu of half street construction of portion of County Road 41 (with supporting public utility infrastructure), as required by development of Country Creek Subdivision Unit 5; and establishing separate subaccount for said half street in the City interest-bearing account in the Infrastructure Trust Fund for deposit of developer's contribution; a nd restricting s aid monies for completion o f"improvements" a t time of platting and development of properties directly adjacent to and abutting the secured "improvement" opposite Country Creek Subdivision Unit 5. An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Chesney and Longoria absent. 13.a. RESOLUTION NO. 025105 Resolution authorizing the City Manager or his designee to accept a $259,829.98 grant fi.om the Federal Emergency Management Agency for repairs and alterations at the Wesley Scale Dam and reimbursement of emergency response activities and subgrantee administrative expenses, with a City match of $84,035.71 in the No. 4010 Water Fund, and a total project cost of $343,865.69. The foregoing resolution passed by the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Cheaney and Longoria absent. 13.b. ORDINANCE NO. 025106 Ordinance appropriating $259,829.98 from the Federal Emergency Management Agency in the No. 4010 Water Fund for repairs and alterations at the Wesley Seale Dam and reimbursement of emergency response activities and subgrantee administrative expenses. An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Garrett, Kelly, Kiunison, Noyola, and Scott voting "Aye"; Chesney and Longoria absent. Minutes - Regular Council Meeting November 19, 2002 - Page 4 14.a. RESOLUTION NO. 025107 Resolution authorizing the City Manager or his designee to accept a grant in the amount of $85,000 from the Texas Department of Public Safety Division of Emergency Management under the FY2002 pre-disaster mitigation program to develop a pre-disaster mitigation action plan, with a City in-kind match of $28,333 and total project costs of$113,333. The foregoing resolution passed by the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Chesney and Longoria absent. 14.b. ORDINANCE NO. 025108 Ordinance appropriating $85,000 from the Texas Department of Public Safety Division of Emergency Management in the No. 1050 Federal/State Grant Fund for the development of a comprehensive all-hazard mitigation action plan. An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Chesney and Longoria absent. 15.a. M2002-389 Motion authorizing the City Manager or his designee to accept a renewal grant in the amount of $275,000 from the United States Department of Justice for the continued support of the Weed and Seed Program, Site I North. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Chesney and Longoria absent. 15.b. ORDINANCE NO. 025109 Ordinance appropriating $275,000 from the United States Department of Justice in the No. 1050 Federal/State Grants Fund for continued support of the Weed and Seed Program, Site I North, for FY2002-2003. An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Chesney and Longoria absent. 16.a. M2002-390 Motion authorizing the City Manager or his designee to execute an agreement with the City of Corpus Christi Housing and Community Development Code Enforcement and Community Policing Division to provide $12,500 from the FY2002-2003 Weed and Seed Program to implement emergency board up of vacant buildings with illegal activity in Site I North. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Chesney and Longoria absent. Minutes - Regular Council Meeting November 19, 2002 - Page 5 16.b. M2002-391 Motion authorizing the City Manager or his designee to execute an agreement with Planned Parenthood of South Texas Inc. to provide $4,400 fi.om the FY2002-2003 Weed and Seed Program to implement collaborative partnerships with community programs to provide after school, weekend and summer programs in Site I North. The goal is to reduce at-risk behaviors including drag and alcohol use and teen pregnancy among Weed and Seed adolescents. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Chesney and Longoria absent. 16.c. M2002-392 Motion authorizing the City Manager or his designee to execute an agreement with The Salvation Army to provide $5,000 fi.om the FY2002-2003 Weed and Seed Program to implement operations and supportive services necessary to administer the transitional housing program, Project Bridge for Families. Project Bridge for Families targets homeless families in Site I North that are ready to leave the emergency shelter and enter a transitional housing program. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Chesney and Longoria absent. 16.d. M2002-393 Motion authorizing the City Manager or his designee to execute an agreement with the South Texas Pop Warner-Northside Association to provide $9,956 fi:om the FY2002-2003 Weed and Seed Program to implement a tackle football and cheerleading program on the Northside of Corpus Christi. It will include kids fi:om age 7 through 12 years. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Chesney and Longoria absent. 16.e. M2002-394 Motion authorizing the City Manager or his designee to execute an agreement with Turning Point Counseling Services Inc. to provide $8,406.50 from the FY2002-2003 Weed and Seed Program to implement a family program that will provide child and family counseling services in safe havens in Site I North. A treatment team of therapist and counselors will outreach to neighborhoods and provide prevention, early intervention and treatment services, a total of three afternoons and evenings in three safe havens. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Chesney and Longoria absent. Minutes - Regular Council Meeting November 19, 2002 - Page 6 16.f. M2002-395. Motion authorizing the City Manager or his designee to execute an agreement with Metro Ministries Inc. to provide $10,000 from the FY2002-2003 Weed and Seed Program to enhance the Gabbard Memorial Health Room. The program is a primary care medical clinic for residents of the shelter and our homeless population. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Chesney and Longoria absent. 16.g. M2002-396 17. 18. 19. Motion authorizing the City Manager or his designee to execute an agreement with South Texas Institute for the Aris, Antonio E. Garcia Arts Education Center to provide $8,406.50 from the FY2002-2003 Weed and Seed Program to implement opportunities to learn through the arts about one's self-esteem and pride in the neighborhood. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Chesney and Longoria absent. RESOLUTION NO. 025110 Resolution authorizing the City Manager or his designee to submit a grant application in the amount of $73,939 to the State of Texas, Criminal Justice Division for year four fimding available under the Violence Against Women Act (VAWA) Fund for the Police Department's Family Violence Unit. The foregoing resolution passed by the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Chesney and Longoria absent. RESOLUTION NO. 025111 Resolution authorizing the City Manager or his designee to execute an interlocal agreement with the Corpus Christi Independent School District (CCISD) to operate a Latchkey Program on designated CCISD campuses. The foregoing resolution passed by the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Chesney and Longoria absent. ORDINANCE NO. 025102 Ordinance amending the Comprehensive Plan of the City of Corpus Christi by adopting the City of Corpus Christi Parks, Recreation, and Open Space Master Plan; providing for repeal of conflicting ordinances. The foregoing ordinance passed on second reading by the following vote: Neal, Colmenero, Minutes - Regular Council Meeting November 19, 2002 - Page 7 Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Chesney and Longoria absent. Mayor Neal opened discussion on Item 12, new street lights along the seawall. Responding to Council Member Kelly, Mr. Kevin Stowers, Assistant Director of Engineering Services, said the new street lights will be tapered, double-headed concrete poles on the water side. He said one of the heads will be pointed over the driving lane and the other will be over the sidewalk and seawall steps. He said the smaller amount of the contract involves re-illuminating and converting the existing lights on the west side of Shoreline Boulevard. Mr. Kelly asked about aesthetic enhancements and Mr. Stowers said staff is working with the Arts and Cultural Commission regarding including architectural-level lighting amenities. City Secretary Chapa polled the Council for their votes: 12.a. M2002-387 Motion authorizing the City Manager or his designee to proceed with the AEP/CPL proposal for installation of new street light system and special events system in the amount of $76,659 on the east side of Shoreline Boulevard between the barge dock and Taylor Street in association with the seawall reconstruction project. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Chesney and Longoria absent. 12.b. M2002-388 Motion authorizing the City Manager or his designee to proceed with the AEP/CPL proposal for conversion of the existing street light system on the west side of Shoreline Boulevard fi.om series circuitry to multiple (parallel) circuitry in the amount of $30,828. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Chesney and Longoria absent. Mayor Neal referred to Item 22, a public hearing pursuant to Texas Parks and Wildlife Code, Chapter 26, to determine the feasibility of dedicating strips of land fi.om parkland known as Mount Vernon Park and Lions Park necessa~ for a right-of-way easement in connection with the McArdle Road street improvement project, Phase 3. Mr. Noyola made a motion to open the public hearing, seconded by Mr. Kelly and passed. There were no comments fi.om the public. Mr. Kelly made a motion to close the public hearing, seconded by Mr. Scott and passed. City Secretary Chapa polled the Council for their votes as follows: 22.b. ORDINANCE NO. 025113 Ordinance authorizing a fight-of-way easement to the public for dedication of right-of-way through parkland known as Mount Vernon Park necessary for the McArdle Road street Minutes - Regular Council Meeting November 19, 2002 - Page 8 22.d. improvement project, Phase 3. An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Chesney and Longoria absent. ORDINANCE NO. 025114 Ordinance authorizing a right-of-way easement to the public for dedication of a right-of-way through parkland known as Lions Park necessary for the McArdle Road street improvement project, Phase 3. An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Chesney and Longoria absent. Mayor Neal referred to the presentations on the day's agenda. The first presentation (Item 23) was the flint quarter (unaudited) FY2002-2003 budget/performance report. Mr. Mark McDaniel, Director of Management and Budget, said the city now participates in the International City-County Management Association Center for Performance Measurement program. As a result, the typical performance-related data featured in this report has been omitted and is being updated to include new benchmark data in comparison to other communities, which will be included in the second quarter report. He also noted that the graphs are different because staff is taking percentage of budget and comparing it to where the city was at the same time last year and the year before. Mr. McDaniel then discussed General Fund year-to-date revenues and expenditures. He said the revenue variances included franchise fees and Municipal Court revenues, and the expenditure variances were experienced in Development Services and non-departmental areas. He said overall in the General Fund, both revenues and expenditures are slightly lower compared to prior years as a percent of total budget. With regard to the Enterprise Funds, most of the revenue variances have to do with water sales, a drier wastewater winter averaging period, different gas prices, lower interest earnings and a timing variance on the collection of marina slip rentals. He said the difference in the Enterprise Fund expenditure percentages also had to do with gas prices and the budgeting of a $75,000 reserve in the Marina Fund. The only major variance in the Internal Service funds' revenues was in Maintenance Services because in FY2001 the city received the settlement for the claim on the City Hall building. He said the Liability and Employee Benefits Fund shows an expenditure variance due to a different method of accounting for some employee costs for supplemental health care coverage. In the Special Revenue funds, the hotel occupancy tax revenues are higher than last year due to the annexation of Mustang Island, and Reinvestment Zone #2 revenues are higher due to the timing of collections and larger receipts of delinquent taxes. Mr. McDaniel said that on the expenditure side, the seawall improvement fund is higher due to monthly allocations for debt service and the arena facility fund had an unanticipated principal payment. He then thanked his stafffor their efforts in preparing this report. Minutes - Regular Council Meeting November 19, 2002 - Page 9 Council Member Garrett asked about the drug seizure fund. Mr. McDaniel said it is part of the trust funds, which are not included in the quarterly reports. City Manager Garcia said staff can provide a report on that fund's activity. Council Member Scott asked if adjustments need to be made to the budget at this time. Mr. Garcia replied that the Water Fund is of most concern because it involves huge revenues and it is lower than budgeted due to the recent very wet weather. Mr. Scott also asked about the sales tax revenues and Mr. McDaniel said the city was off last month by a large amount but during the previous two months the revenues exceeded expectations. He said the other revenue sources are close to the budgeted amounts. Council Member Kiunison also asked about next month's sales tax revenues. Mr. McDaniel said his staff is doing more analysis on gross sales subject to tax by different types of industry. He said the variance could also be the result of a timing difference at the state comptroller's office. Mr. Kinnison said that even though utilities revenues are down, staff is holding down expenses. Mr. McDaniel said that water usage is very seasonal and staff is trying to moderate the way they budget by using multi-year averages of recent consumption. Responding to Council Member Colmenero, Mr. McDaniel said that staff is hoping that the water revenues will improve if the area experiences some drier months (although not too dry). Assistant City Manager Jorge Cmz-Aedo informed the Council that Ms. Lee Ann Dumbauld, Finance Director, consulted with the independent auditors and concluded that they are approximately four weeks to six weeks away from completing the Comprehensive Annual Financial Report (CAFR). He said that is past the state's guideline for publishing annual reports and staff will be contacting the state to request an extension. Mr. Cruz-Aedo said there is no adverse ruling or fine associated with that action; rather, it is the state's target date. Mayor Neal asked what the principal reason is for the completion date change. Mr. Cruz- Aedo said that governments are now required to change their reporting format. He said they should have the CAFR ready by the end of December. Mr. Kinnison said all of the reports will be totally different. He added that numerous other cities are experiencing the same delays due to the formatting change, to which Mr. Garcia concurred. Mayor Neal announced the executive sessions, which were listed on the agenda as follows: Executive session pursuant to Texas Government Code Section 551.074 regarding evaluations of the City Manager and City Secretary, with possible discussion and action related thereto in open session. Executive session pursuant to Texas Government C ode Sections 5 51.071 and 5 51.072 regarding the Landry's Project in the Corpus Christi Marina, with possible discussion and action related thereto in open session. Executive session pursuant to Texas Government Code Section 551.071 regarding City of Corpus Christi v. Texas Municipal League Intergovernmental Risk Pool and Texas Municipal League Joint Self Insurance Fund, No. 01-00327-D, 105th District Court, Nueces County, Texas, with possible discussion and action related thereto in open session. Minutes - Regular Council Meeting November 19, 2002 -Page 10 The Council went into executive session. *Council Member Longoria arrived at the meeting. The Council returned from executive session. Mayor Neal made the following motion, which was seconded by Mr. Longoria and passed by a voice vote: 2.b. M2002-380 Motion authorizing a 5% salary increase for the City Secretary effective immediately and clarifying that his vacation and sick leave accrual is unlimited and that additional vacation and sick leave days granted by the Council are beyond those authorized by the city's classification and compensation ordinance. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Chesney absent. The Mayor said the Council also evaluated City Manager Garcia. During that process, they looked at 27 key areas ranging from the condition of the city to personal issues such as how Mr. Garcia is perceived within the community. Mayor Neal said the majority of the Council gave Mr. Garcia nine excellent ratings, 13 good ratings, three acceptable ratings and two areas where he received an even or no majority. He said the areas in which Mr. Garcia received excellent ratings were those things the Council feels are most important in continuing to move the city forward, such as the quality of the staff, the direction the city is taking, and the financial improvements. Mayor Neal then made the following motion, which was seconded by Mr. Kelly and passed by a voice vote: 2.a. M2002-379 Motion approving a salary increase of 3 ½ % for the City Manager effective immediately. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Chesney absent. Mayor Neal thanked Mr. Garcia for his service and said he hopes the City Manager will look at those areas they have been discussing. Mr. Garcia thanked the Council for their vote of confidence and for his salary increase. He said he believes they are heading in the fight direction and the quality of life in Corpus Christi is better than it was a few years ago. He added that the citizens are satisfied with the council-manager form of government, which they demonstrated during the November 5 election. He said his objective is to make this city a model of municipal services for the country. The second presentation (Item 25) was an update on Texas Department of Transportation (TXDOT) projects. Mr. Bryan Wood, Deputy District Engineer, said TXDOT officials have noted the increased congestion along South Padre Island Drive (SPID), particularly during the holiday season. He said they met with city stuffmembers to discuss both short- and long-term solutions, the latter incorporating modeling by the Texas Transportation Institute. Mr. Wood said short-term solutions for SPID traffic congestion will include: portable Minutes - Regular Council Meeting November 19, 2002 - Page 11 dynamic message signs; signal coordination on arterials; restricted access at critical locations; use of uniform police officers; initiation of a joint public relations campaign; and the addition of speed limit signs. He also responded to Council members' questions and comments. Assistant City Manager Ron Massey pointed out that the bids for the Bond 2000 project to resurface Staples Street came in over the engineer's estimate; therefore, it will be rebid and initiated after the holidays. The second issue discussed by Mr. Wood was the Crosstown/interchange project. He noted that the flyover ramp fi.om east-bound SPID to the Crosstown Expressway was permanently closed as of November 18, 2002. He said the night-time detours will begin on November 19 and continue until December 4. He also discussed the preferred alternate route to downtown, which will be in place for the remainder of the project (about 2½ years). He said the Crosstown project is about 36% complete and Phase 2 of the six total phases is now being started. The last project discussed was the JFK Causeway, which is scheduled to be completed in two years and five months, which is a very fast track. Mr. Wood said the contractor is ahead of schedule at this point. Council Member Garrett asked about the pavement and Mr. Wood said the only reason they would dig it up is i fit fails the requisite tests. He added that the contractor is responsible for his materials. Mr. Wood said that unexpected high tides will result in water-filled barriers to be used to divert traffic. He also discussed in detail the project's phases and showed diagrams and photographs of the progress. Mr. Garrett said he hopes the Ennis Joslin project will be completed soon. Mayor Neal referred to Item 21, a public heating on proposed assessments for improvements to Jamaica Drive from Mediterranean to Caribbean. A motion was made, seconded and passed to open the public hearing. Mr. Angel Escobar, Director of Engineering Services, said the original petition for this project, which is part of the Bond 2000 program, was submitted to the city on October 5, 1987. He said a public meeting was held at Flour Bluff Intermediate School on April 11, 2002. An additional mail-out informed the Jamaica Drive residents about the November 19, 2002, hearing and noted that this project is part of the paving assessment program. He said one resident expressed concern about the payment schedule and staff will meet with the resident. There were no comments fi.om the public. Mr. Kelly made a motion to close the public hearing, seconded by Mr. Colmenero and passed. City Secretary Chapa polled the Council for their votes as follows: 21.b. ORDINANCE NO. 025112 Ordinance closing the public hearing on proposed assessments for improvements to the following highway in Corpus Christi, Nueces County, Texas: Jamaica Drive fi.om Mediterranean to Caribbean; imposing assessments totaling $93,591.72 against property abutting t he improvements, affected railways, a nd property a nd 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: Neal, Colmenero, Garrett, Kelly, Longoria, Noyola, and Scott voting "Aye"; Chesney and Kinnison absent. Minutes - Regular Council Meeting November 19, 2002 - Page 12 21.e. M2002-397 Motion authorizing the City Manager or his designee to execute a construction contract in the amount of $1,064,545.70 with Salinas Construction of Pleasanton, Texas, for the Jamaica Drive improvements from Mediterranean to Caribbean. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly, Longoria, Noyola, and Scott voting "Aye"; Chesney and Kinnison absent. Mayor Neal referred to Item 20, an overview and public heating on the proposed FY2002- 2003 capital budget and capital improvement planning (CIP) guide. A motion was made, seconded and passed to open the public heating. Mr. McDaniel explained that this is the first of three meetings to discuss the capital budget with the Council; the first and second readings of the ordinance will be held December 10 and December 17 respectively. Referring to the City Manager's Message in the proposed capital budget and CIP document, Mr. McDaniel said there are several emerging issues to consider. He said that in January 2003, staff will be bringing to the Council options for the privatization of landfill operations. He said there will be changes to the capital budget in future years to accommodate the stormwater master plan and the parks, recreation and open space master plan. Other issues include implementation of the National Golf Foundation recommendations on enhancements to the city's golf facilities; streets and associated utility relocations; ADA-related improvements; and projects related to the November 5, 2002 election. Mr. McDaniel reviewed the new CIP planning process, which was implemented last year. He said they start with a long-range plan and identify as many projects as possible that might need to be addressed. Those projects are not actually funded until they move into the three-year short- range CIP. He said the annual capital budget itself is the first year of the short-range CIP. The Budget Director referred to a graph of the FY2003 capital budget revenues, which include revenue bonds (30%), sales tax bond issue (21%), commercial paper (19%), general obligation bonds (5%), and other sources. With regard to FY2003 expenditures, he said that utilities make up 42% of that amount, followed by public facilities at 32%. Mr. McDaniel also reviewed the short-range CIP revenues and expenditures and the long-range CD expenditures (to date). Following its review, the Planning Commission recommended adoption of the FY2002-03 capital budget with an amendment to include projects related to the November 5, 2002 voter-approved propositions. Mr. McDaniel said that pages 38 and 39 of the proposed CIP include descriptions and explanations of funding sources. He noted that general obligation bonds, which need to be approved by the voters, are used to fund streets, park enhancements and public facilities other than the arena and convention center. He said page 40 contains the combined financial summary (rate model). He said that following discussions with department heads, the budget staff phased some large projects, which moved them out beyond FY2011-12, and other capital costs were moved out by one year (about $54 million). Minutes - Regular Council Meeting November 19, 2002 - Page 13 Responding to Mayor Neal, the Budget Director also noted that the gas reservation fees were moved out because they are now part of the purchase gas adjustment (similar to the raw water calculation). He said that $5 million of stormwater costs were taken out of the CIP as were $13 million in wastewater costs mostly because the bids for the Broadway Treatment Plant project came in much lower than one of the options staff had programmed. Mr. Escobar explained that the Broadway project will be constructed in phases in years 6 and 7 through four contracts. Mayor Neal added that the life of the current Broadway plant is being lengthened by four or five years. With regard to the water C1P projects, Mr. McDaniel said that phases 6 and 7 of the southside transmission main were reduced by $11.6 million. Mr. Escobar said the plan to build a desalination plant on Padre Island will eliminate or delay the need to extend the transmission main underneath the Laguna Madre and onto the island. Mr. McDaniel also said that staffmoved out $88 million fi.om the CI~ for the Garwood pipeline construction. He added that $10 million is programmed through year 3 for the Garwood land acquisition and routing study. In reply to the Mayor, Mr. Stowers said they will not be acquiring all of the land for the Garwood pipeline until they have a preliminary design of the facilities and the actual route selection. He said the intention is to construct the Garwood pipeline in a more systematic way in order to achieve better prices. Mr. Mario Tapia, Assistant Director of Budget, said that last year the pipeline construction was in year 10 and this year it is proposed to be in year 25. He said that Mr. Max CastatSeda, Water Resoumes Management Advisor, gave the Council a presentation indicating that according to the studies, the Garwood water will not be needed for 20-25 years. Mayor Neal said he thought the Council made it very clear that they wanted to put the Garwood pipeline into the process much more quickly than the studies said the water was needed. Mr. Scott said he thought the Council directed staff to do all the technical work to prepare to construct the pipeline but not actually build it yet. Mr. Stowers said the $10 million currently budgeted will pay for the necessary preliminary design work and land acquisition. However, it will not pay for the final design because the most current technology will be needed to design and build the Garwood facilities. Mr. Escobar said the land acquisition and permitting should be completed by year 3. Mr. Kinnison asked if the cost of the Garwood pipeline is a cost of water delivery. Mr. McDaniel said it is part of the raw water charge. The Mayor said they have had a number of requests from the port industries to rapidly continue the development of the Garwood water and he said he agrees with that. Mr. Scott asked about the timing of the Padre Island desalination facility. He said he thought that City Manager Garcia had indicated it would be scheduled in 2 to 2½ years. Mr. McDaniel said the monies for the island desalination plant construction were moved to year 4 because of the city's pending application with the state for a pilot desalination project. He said that is also part of the raw water charge. Mr. Scott said he supports having a desalination plant on the island in two years. Mr. Massey said that pumping tests will have to be conducted first to determine if the groundwater aquifer will support the plant. He said staff has to complete the negotiations with the contractor who will conduct the study and bring that contract to the Council. He said the study will be conducted in phases over about a one-year period. Minutes - Regular Council Meeting November 19, 2002 - Page 14 Mayor Neal said the Council has been talking for a long time about the importance o f getting both the desalination and Garwood water projects moving. He said he will not accept delays of several years on them. Mr. Garcia said staff can modify the CIP to change the scheduling of the desalination project. Mr. Kelly pointed out that it does not matter how full the reservoirs are if the water does not reach Padre Island. Mr. Scott added that they have projected significant growth on the island and Packery Channel is designed to create additional development; consequently, the necessary infrastructure i s needed. M r. Kinnison asked i f t he timing o f t he desalination plant construction affects the rate model and Mr. McDaniel said it does not. Mr. Garcia said there is no question that there is an immediate need for a desalination facility on the island, regardless of what happens with the state's pilot project. He said the reason is that it appears a desalination facility will be less expensive than running a water pipeline under the Laguna Madre to the island. He said the city could spend an excessive amount of money to bring the Garwood water to Corpus Christi but right now the city has excess capacity, even in drought conditions. He also said there are adequate supplies to meet all the industries' demands. Mayor Neal asked about the funding sources for the water supplyprojects. Referring to page 430 of the CIP document, Mr. McDaniel said funding is available under the commemial paper and revenue bond category. Council M ember N oyola s aid h e agrees t hat t he desalination facility i s needed a nd h e commented that the longer the Garwood project is delayed, the more expensive it will be when it is finally constructed. Mr. Garcia said staff should review with the Council the long-range water plan. He reiterated that at the current level of economic activity, the city has an excess water supply but that will change over time as development and population increase. With regard to the area's water supply, Mayor Neal cautioned staff to not confuse need with political reality. He said he has been concerned all along that someone will t~y to take away Corpus Christi's rights to the Garwood water. He then suspended the discussion on Item 20 in order to hear petitions from the audience on non-agenda items. Mr. Jack Gordy, 4118 Bray, said the public access studio on Leopard Street was closed yesterday because they did not have the proper permits to remodel it. He also discussed accountability, saying that the money to hire attorney Michael Teny came fi.om the employee benefit fund. He also said that Mr. Garcia requested reimbursement for $977 for expenses at the Town Club. Mr. Gordy said he asked the Legal Department about the purpose of Mr. Garcia's luncheons and he said they replied that they had no records. He also asked if alcohol was served and he was told that staff did not know. Responding to Mr. Scott, Mr. Garcia said he has never charged the city for alcohol. He said the bills referred to by Mr. Gordy are reimbursements usually for several months' worth of lunches or other functions charged to his personal account at the Town Club. He said there are individual receipts available that state who was in attendance and the purpose of the meetings, which are directly related to city business. He said he conducts meetings over breakfasts and lunches in order to fit extra meetings into his busy schedule. Mr. Noyola asked Mr. Garcia to provide receipts for the dates specified by Mr. Gordy. Mr. Garcia replied that he did not think Mr. Gordy specified any dates. Minutes - Regular Council Meeting November 19, 2002 - Page 15 Mayor Neal asked about the employee benefit fund. Deputy City Manager Noe said it is the Self-Insurance Fund, which includes all of the city's risk and liability, such as the payments for the attorneys defending the city in various causes of action. Mr. Garcia said although the city has a number of different funds, there is no employee benefit fund. He said the soume of the money Mr. Gordy was mfenfng to was the city's risk pool, which is reserved for expenses associated with lawsuits and litigation. Mr. Noyola said he was given a piece of paper by Mr. Gordy that names a Liability and Employee Benefits Fund. Mr. Noe reiterated that that is the Self-Insurance Fund from which several expenses are paid, including the city's liability insurance. He said all the operating funds pay their share of the cost. Mr. Bill Kopecky, 3609 Topeka, said he thinks the change in wording on the ballot from "mayor-council" (which was on their petition) to "strong mayor" form of government had a dramatic effect on the outcome of the election proposition. He said he is not that disappointed because they did receive 23,000 votes for a mayor-council form of govemment, which is three times the number of petitions they had. He said that in 1975, a similar proposal received 24% of the vote. He said they will not give up on this issue. Mr. Kopecky added that Corpus Christi's current charter does not give the City Council the power to review or approve department-head appointments. Mayor Neal returned to the discussion on Item 20. Mr. McDaniel referred to two additional options distributed to the Council which propose to add $20 million for stormwater projects beginning next year. He said that Option 2 requires 5% rate increases next year and the following year instead of 4% rate increases. He said the projected impact to a customer of future rate increases as per the utility rate model are $95.58 in FY2002-03 to $119.72 in FY2011-12. He said Option 3 proposes an additional 1% rate increase for one year with an additional $1 per month per customer stormwater capital-directed fee, which would pay for $10 million in improvements. Responding to the Mayor, Mr. McDaniel said the $20 million would be available next year on top of the $5 million, which is now requiring part of the 4% rate increase. Mayor Neal referred to the proposed stormwater projects beginning on page 293 of the CIP document. He specifically asked about Item 11 (Meadowbrook Subdivision area drainage improvements - $1.3 million) and Item 3 (various drainage system water quality improvements - $3 million). Ms. Valerie Gray, Sto.nnwater Superintendent, described those projects. The Mayor said that a few years ago there were major flooding problems in Molina. Mr. Escobar said that Item 2 (Airport Ditch outfall improvements- south of Los Encinos - $6 million) addresses those concerns. The Mayor said that several areas throughout the city have flooded during recent major rain events. He said if the Council can identify stormwater projects that will have a major impact on the quality of life in the affected neighborhoods and in the downtown area, he would like staff to take a close look at them. Mr. Kelly noted that flooding has occurred in the northwest in Wood River, Castle River, and Leopard Street; in addition, the land going south cannot be developed because it does not drain. He asked about Item 19 (Leopard Street roadside safety improvements- Rehfeld Road to Rand Morgan - $3.5 million). He asked if the price is so high because pipe needs to be laid. Mr. Escobar replied affirmatively. Mr. Kelly asked if it would be possible to do several small projects through the operating budget without impacting the proposed $20 million for larger stormwater CIP projects. Mr. Minutes - Regular Council Meeting November 19, 2002 - Page 16 Escobar s aid t hose projects (usually under $ 300,000 e ach) are categorized under minor storm drainage improvements and $5 million has been included in addition to the previous funding for the next three years. He said that list is very long and staff can inform him of the specific projects. Mr. Scott asked about the Meadowbrook improvements. Ms. Gray said that a few years ago staff informed the neighbors the city would do a three-phase improvement project, of which the first two phases have been completed (Item 11 is the third phase). Mr. Escobar pointed out that the cost estimates have not been reviewed for any changes in the level of protection, an issue that was discussed at the Council's stormwater workshop on November 18, 2002. Mr. Scott also asked about Item 41 (Lindale Subdivision drainage improvements - $600,000). Ms. Gray said it would involve surface flow with little underground storm sewer pipe. Mr. Scott asked if staff has thought about how much money would be needed to "seed" a trust fund account to address stormwater projects. Mr. Escobar said the city's consultant on the stormwater master plan will help address that question. Mr. Colmenero agreed that the Lindale area floods frequently, as do areas around McArdle. Mr. Kinnison said this list contains $68 million in stormwater projects, plus $17 million in the first three years. Mr. Escobar said there are also some projects that have not yet been priced. Responding to a question from Mr. Kinnison, Mr. McDaniel said that excluding the two new funding options, the current rate model can fund $55 million over 11 years. Mr. Kinnison said he would like staff to develop criteria to evaluate where the most benefit will be derived from the projects. He said that places where propei~y damage has occurred should be foremost on the list. With regard to the downtown area, Mr. Kinnison said the Council should look at the most cost-effective way to address the problems, including reviewing the downtown drainage study. He said he has concerns about the recommendations made by the Stormwater Technical Advisory Group. He pointed out that the city has other capital needs, such as streets and parks, and he does not want Corpus Christi to have high utility bills. Responding to Mr. Colmenero, Mr. Escobar briefly addressed the level of protection in specific areas. In conclusion, Mr. McDaniel said staffneeds to complete the stormwater master plan and identify all the costs involved, including changes that may need to be made for new levels of protection. Mayor Neal called for public comment on Item 20 regarding the CIP public heating. Mr. Bill Kopecky said that a few years ago the estimate on the Garwood pipeline was about $35 million; however, he said the new estimate is $98 million. He said due to the city's water reserves, he would recommend not spending any money in the current year on the Garwood project. Mr. Kopecky also said that if the city receives too much of its water from other sources than its two reservoirs, it could put the city's ownership of the water rights at those reservoirs at risk. He added that there are methods to create higher sidewalks around building entrances to reduce flooding. Mr. Kelly made a motion to close the public heating, seconded by Mr. Kinnison and passed (Chesney absent). Minutes - Regular Council Meeting November 19, 2002 - Page 17 The third presentation (Item 24) was regarding the Local Emergency Planning Committee's (LEPC) fall media campaign on chemical emergencies. City Manager Garcia said that Corpus Christi has one of the most active and progressive LEPC's in the country due to the extent of local participation with private industry. Fire Chief J.J. Adame explained that LEPCs were created under the Superfund and Reauthorization Act of 1986. He said each Texas county was required to create such a committee to make assessments of hazardous chemicals in the area and to establish emergency procedures to deal with accidental chemical releases. Chief Adame said that in 1992 the city, the port and Nueces County entered into a local agreement to contribute funding for the LEPC. Since then, they have done a significant amount of community notification, including the purchase of several ads, radio public service announcements, utility mail-outs, and packets to schools. He also showed examples of television "infomercials." Responding to Mayor Neal, Chief Adame said Corpus Chfisti's LEPC personnel have been working with Kleberg County officials to develop their program. The Mayor asked if Metrocom is used in these efforts. The Chief said that many of the tools currently used by Metrocom, such as the telephone ting-down and tone-alert systems, came out of the LEPC blueprint. Council Member Garrett asked about the utility mail-outs. ChiefAdame said they sent 89,000 utility bill inserts throughout the city. Mr. Garrett also asked if the ring-down system can be used in other instances, such as property crimes occurring in certain areas. Mr. Garcia said he discussed that issue with Police ChiefAlvarez, who will develop criteria to do that. Council Member Noyola asked about the dates of the drills in 2003 and ChiefAdame said he would provide the specific dates of those events after consulting with the respective community groups. Mayor Neal opened discussion on Item 26, legislative agenda. Mr. Tom Utter, Special Assistant to the City Manager, said the 78th Texas Legislative Session will include new committee chairpersons, new House leadership and a new Lieutenant Governor. He said approximately 6,000 bills will be filed and of those, about 1,600 will be passed and two-thirds will have real relevancy to Corpus Christi. He said the city's legislative delegation has worked hard over the years to defeat detrimental legislation. Mr. Utter then referred to the proposed legislative program contained in the agenda material. Under general policies and procedures, it states that the city will support legislation and administrative actions that will protect and enhance city revenues; reduce costs to the city; provide for more local control; protect those policies previously established through the charter, ordinances, resolutions and master plans; and provide increased educational opportunities for the citizens of Corpus Christi and the region. Mr. Utter said the citywill oppose legislation that undermines the principle of home role and local self-government; results in the loss of revenue growth to the city; diminishes the authority of cities to regulate and manage their growth and development; nullifies or undermines the city's policies unless such changes expand the city's ability to manage its own affairs; diminishes any existing authority of cities; and imposes mandates that require any expenditure by the city unless all Minutes - Regular Council Meeting November 19, 2002 - Page 18 costs are fully reimbursed by the mandating government. Mr. Utter also noted that the city's boards, commissions and advisory groups may not take a legislative position unless and until they first receive Council authorization. He said the city also supports the legislative program of the Texas Mnnicipal League, except where it conflicts with the city's policies. Mr. Utter then discussed highlights of the city's proposed legislative program, which includes the following subject areas: franchise fees; state hotel tax for beach maintenance; street accessibility improvements; clarification of hotel tax for beaches; protection of water rights; desalination projects; Packer;/Channel; transportation (resources, funding for construction/maintenance, and streamlining); development; and regulation of location of manufactured housing. Other issues discussed by Mr. Utter were annexation authority; juvenile crime; fire control and prevention district; child safety registration fee; CHIPS; electric industry deregulation; electric ~anchise base date; air quality; National Estuary Program; regional water planning; personnel; military; Spaceport; insurance rates; ballot language for an economic development sales tax; city election date statute; CDBG/HOME funding; diversion to the state of federal funding; homeland security; coordination with local authorities; and protection of right-of-way fees and authority. Mr. Utter also stated that city staff sent copies of the proposed legislative agenda to the members of the legislative delegation and they have met with some of the legislators as well as County Judge-Elect Terry Shamsie. Mayor Neal said he met with Mr. Shamsie about the program and other issues and they agreed to hold a joint city-county meeting in the near future. Council Member Scott asked about the 1-69 issue. Mr. Utter said staff felt it was addressed under essential infrastructure. He said the governor has a corridor plan that is not yet final. He noted that since there are projections of a very large state deficit, he does not believe there will be much money available for new programs. Mr. Scott also asked about photographic traffic signals and Mr. Utter said the city actively supports that issue. Mayor Neal called for public comment on Item 26. Mr. Bill Kopecky said one or two Council members were quoted as saying that the city is at the sales tax cap and there will be no other sales tax increases. However, the legislative program states that the city supports legislation permitting 1/Sth of a cent over the 2 cents local sales tax cap for fire control and prevention districts. Mr. Kopecky also said he recommends the city abandoning the April election date and moving to the uniform May date and he said in the interest of open government, there needs to be more restrictions on having closed meetings. City Secretary Chapa polled the Council for their votes as follows: 26. RESOLUTION NO. 025115 Resolution adopting the City of Corpus Christi's legislative program for the seventy-eighth session of the Texas Legislative Session and United States Congress. The foregoing resolution passed by the following vote: Neal, Colmenero, Garrett, Kelly, Kiunison, Longoria, Noyola, and Scott voting "Aye"; Chesney absent. Minutes - Regular Council Meeting November 19, 2002 - Page 19 Mayor Neal opened discussion on Item 27, Sunfish Island and McGee Beach. Ms. Patficia Garcia, city grant writer, explained that the General Land Office (GLO) combined these two projects in order to save money. She said the GLO has conducted an alternatives analysis to determine the most effective and efficient method to renourish both Sunfish Island and McGee Beach using the dredged material and sand from the Corpus Christi Marina. She said the contractor, URS, has also recommended the construction of a breakwater along Sunfish Island to control future erosion. In order to proceed with the project, the city has to enter into an agreement with the GLO. Ms. Garcia added that the Coastal Bend Bays and Estuaries Program is providing the cash match. Responding to the Mayor, Mr. Peter Davidson, Marina Superintendent, said that originally there were plans to dredge about 200,000 cubic yards from the inner harbor and the fairways and place the material on Sunfish Island. However, it was determined that the erosion was occurring on the south side of the island so the engineers decided to build two breakwaters: one to enclose the island's east side and the other to protect the south side. He said the 700 feet of rock on the south side was not anticipated and that plan greatly depleted the funding to dredge inside the marina. Mr. Davidson also said that the Federal Fisheries and Wildlife Service instituted very strict parameters for testing soil and the cleanest soil can be found on the outside of the marina. He said the design includes a second phase to dredge inside the marina but that is not yet funded. He showed a map of the areas to be dredged, which is scheduled to begin in mid-January 2003 and finish in the spring. He said they are trying to f'md additional funding for this project. Mayor Neal asked about the depth of the areas to be dredged. Mr. Davidson said this project will involve dredging in approximately 100 feet into the marina's interior at each of the three entrances, which will help correct the drastic shoaling that currently causes sailboats to nm aground. He said it will cost between $300,000 to $600,000 to do the additional phase, including about $80,000 for testing. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 27.a. RESOLUTION NO. 025116 Resolution authorizing the City Manager or his designee to execute a project cooperation agreement with the Texas General Land Office for the re-nourishment of Sunfish Island and McGee Beach. The foregoing resolution passed by the following vote: Neal, Colmenero, Garrett, Kelly, and Longoria voting "Aye"; Chesney, Kinnison, Noyola, and Scott absent. 27.b. RESOLUTION NO. 025117 Resolution authorizing the City Manager or his designee to execute a reimbursement contract with the Coastal Bend Bays and Estuaries Program Inc. in the amount of $93,500 for the construction of a breakwater at and re-nourishment of Sunfish Island. The foregoing resolution passed by the following vote: Neal, Colmenero, Garrett, Kelly, and Longoria voting "Aye"; Chesney, Kiunison, Noyola, and Scott absent. Minutes - Regular Council Meeting November 19, 2002 - Page 20 27.c. ORDINANCE NO. 025118 Ordinance appropriating $93,500 from the Coastal Bend Bays and Estuaries Program Inc. in the No. 1050 Federal/State Grants Fund for construction of a breakwater at and re- nourishment of Sunfish Island. An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Garrett, Kelly, and Longoria voting "Aye"; Chesney, Kinnison, Noyola, and Scott absent. Mayor Neal opened discussion on Item 28, Rincon Bayou diversion project. Mr. Ed Garafia, Water Superintendent, said the Texas Commission on Environmental Quality requires biological monitoring to evaluate the effects of the project. He said this contract is to continue the testing for another year. There were no comments from the audience. City Secretary Chapa polled the Council: 28. M2002-398 Motion authorizing the City Manager or his designee to execute Amendment No. 1 to a contract with the University of Texas Marine Sciences Institute in an amount not to exceed $165,748 for biological monitoring services associated with the Rincon Bayou diversion project. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly, Kiunison, and Longoria voting "Aye"; Chesney, Noyola, and Scott absent. Mayor Neal opened discussion on Item 29, bond sale. City Secretary Chapa stated that Council Member Kelly would abstain from discussing or voting on this item. The Mayor read the following statement: "The city is delaying taking action to award the sale of the certificates of obligation, notice of the issuance of which was published in the Corpus Christi Caller-Times on October 5 and October 12, 2002, until a special meeting of the City Council to be held on November 26, 2002, at 11:30 a.m. in the City Council Chambers. The city is delaying taking action at this time as bids establishing a final guaranteed maximum price for the facilities to be financed with the proceeds of the proposed certificates of obligation have not been reviewed and a contract to hire a general contractor has not been awarded." The Mayor made a motion to delay Item 29 to November 26, 2002; seconded by Council Member Longoria and passed (Kelly abstaining, Chesney absent). 29. POSTPONED Minutes - Regular Council Meeting November 19, 2002 - Page 21 Mayor Neal opened discussion on Item 30, auto wrecker ordinance. Assistant Police Chief Ken Bung said that staff held a fourth meeting with wrecker company representatives and they made the following requests: eliminate the add-ons and change the drop fee to $50; seek written authorization for private property impounds; eliminate the regulation of non-rotation wreckers; and change the permit fee to a safety inspection fee. He said staff is recommending concurring with the $50 drop fee request. Mayor Neal called for public comment. Mr. Joe Dees, owner of Statewide Wrecker Service, said there are still two or three language problems in the proposed ordinance. He said the companies feel the permit regulating all Corpus Christi wreckers is not beneficial to the city. He said after extensive study and consultation, they feel .the city has the right to regulate the safety end of the industry. Consequently, they do not want to call it a permit but rather a safety inspection. Mr. Dees said the companies are also asking that the drop fee sign not be required on the side of vehicles and he said the ordinance does not address consent police-initiated tows. He said they want to keep those tows regulated. He added that a change in large wreckers' working time is not included in the proposed ordinance. Assistant Chief Bung said staff agrees to change the drop fee to $50 with no add-ons because it would be difficult to regulate that. He said they have no opinion about the sign mqnirement. Council Member Noyola asked if staff went through the proposed ordinance step by step with the wrecker companies and Assistant Chief Bung said they did. Mr. Noyola then asked about specific ordinance provisions, including offenses; application, contents and fees; insurance; towing rotations; and large wreckers. City Manager Garcia, Assistant Chief Bung and Mr. Steve Zastrow, police legal advisor, responded to Mr. Noyola's questions. Mr. Jason White, of Airline Wrecker, thanked the Council for giving the companies the time they needed to continue discussing the proposed changes. However, he said the document before the Council is not the result of those efforts. He said there are problems with the ordinance's language and, if it passes, it is bound to be challenged by someone. He said they do not know why their recommendations and the reasons for them are not being brought to the Council. Responding to Mayor Neal, Mr. Zastrow said the companies provided staff with written comments and concerns and staff went through them very carefully. He said a lot of their concems did not have validity when the ordinance was mad as a whole with a common sense view in mind. Council Member Garrett asked if them is anything in the proposed ordinance that is in violation of the law or the City Charter. Mr. Zastrow said there is nothing that violates the law and he believes the ordinance is properly worded. Mr. Garrett made a motion to amend Item 30 to raise the drop fee to $50 and remove the requirement for the sign on the vehicles. Mr. Colmenero seconded the motion. Mr. Garrett asked if the $200 work time is included and Assistant Chief Bung said it is. He suggested that Mr. Garmtt's motion delete the add-ons to the drop fee. There was consensus of the Council to do so. The motion to amend as stated passed (Chesney absent). City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting November 19, 2002 - Page 22 30. ORDINANCE NO. 025119 Ordinance amending the Code of Ordinances, Article V, Chapter 57, Vehicles for Hire, by revising the provisions regarding auto wreckers and providing for penalties. The foregoing ordinance passed on second reading, as amended: Neal, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Chesney absent. Mayor Neal called for the City Manager's report and Council concerns and there were none. There being no further business to come before the Council, the Mayor adjourned the Council meeting at 7:30 p.m. on November 19, 2002. MINUTES CITY OF CORPUS CHRISTI, TEXAS Special Council Meeting November 26, 2002 - 11:32 a.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tern 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 Armando Chapa Recording Secretary Rachelle Parry ABSENT John Longoria Mayor Neal called the meeting to order in the Council Chambers of City Hall. City Secreta~ Chapa checked the roll and declared that there was a quorum of the Council and the necessary charter officers were present to conduct the meeting. City Manager Garcia explained that the four-part item on the day's agenda essentially deals with the financing and bond sales related to the convention center/arena project. He said it also designates the guaranteed maximum price on the expansion of the convention center. Deputy City Manager Noe said that Item 1 .a. is identical to a resolution the Council adopted on October 8, 2002, and this action reiterates it. He said that Item 1.b. is the authorization of the issuance of the debt for the convention center project, which is fimded fi.om the proceeds from the 2% increase in the hotel/motel occupancy tax with an underlying pledge of property taxes. He said there is a need for one amendment to this item to reflect the additional $5,000 on the par amount. Mr. Noe referred to page 50 in the agenda material which lists the way in which the monies will be used, which ties in with Item 1.d. He said that M.E. Allison, the financial advisor on this project, and A.G. Edwards, the senior underwriter, did an excellent job of pricing the bonds, which have an interest rate of 4.748%. Mr. Noe said that Item 1.c. appropriates the bond proceeds as well as the revenues received from the hotel tax, and Item l.d. sets the guaranteed maximum price with Moorhouse-Beecroft. He said if the project is less than $25 million, the city will pay the lower amount. Mayor Neal called for public comment on Item 1. Mr. J.E. O'Brien, 4130 Pompano, asked if there is an amount on the bonds under Item 1.a. of which the Council is approving the issuance. He also asked for a reconciliation of the difference between the appropriation of $34 million and the construction cost of $25 million. Mr. Noe said that with regard to Item 1.a., the resolution stipulates that the bonds for the arena will not exceed $50 million and they will be sized based on the price of the project. He said that as shown on page 50, the reconciliation of how the funds will be used include $25 million for Minutes - Special Council Meeting November 26, 2002 - Page 2 construction; the project's share of street work in fi.om of the building (a separate contract) of $400,000; a contingency of $2,287,000; architectural/engineering fees of $2,044,066; furniture, fixtures and equipment costs of $500,000; project management fees of about $2 million; the 1.25% allocation for art of $100,000; as well as other expenses for a total of $34,185,505. He said he can provide Mr. O'Brien with a copy of that information. Council Member Kinnison said that while the Council is authorizing to issue up to $50 million of bonds for the arena, the projected hard construction cost for the arena still remains approximately $35 million. Mr. Noe said that was correct. Mr. Kinnison said that any and all uses of that money have to be specifically for the arena project. Mr. Kiunison also asked about the guaranteed maximum price agreement. Mr. Noe said that once the price is set, the contractor and the city will jointly bid all the subcontracts and trades. At the end of that process, if the construction cost is less than $25 million, that is what the city's cost will be; however, if it is more than $25 million, the difference will be the contractor's responsibility. Responding to Council Member Noyola, Mr. Noe said all of the funding for the convention center expansion comes fi.om the hotel/motel occupancy tax. He said the arts ordinance requires that the city set aside 1.25% of new construction for arts. He said since the convention center project is a combination of remodeling and new construction, the Council committed to the Arts and Cultural Commission to set aside a certain amount ($100,000) in this budget to reach the $500,000 for both the arena and convention center projects. Council Member Colmenero made a motion to amend Item 1.b. to change the amount from $31,540,000 to $31,545,000, seconded by Council Member Garrett. The motion to amend passed on a voice vote as follows: Neal, Chesney, Colmenero, Garrett, Kinnison, Noyola, and Scott voting "Aye"; Kelly abstaining; Longoria absent. City Secretary Chapa polled the Council for their votes: 1.a. RESOLUTION NO. 025120 Resolution approving the resolution authorizing the issuance of bonds by the Corpus Christi Business and Job Development Corporation and the execution of a project agreement and a bond purchase agreement with respect to the arena project. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kinnison, Noyola, and Scott voting "Aye"; Kelly abstaining; Longoria absent. 1.b. ORDINANCE NO. 025121 Ordinance by the City Council of the City of Corpus Christi, 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 of $31,545,000 and ordaining other matters relating to the subject. An emergency was declared and ordinance passed as amended: Neal, Chesney, Colmenero, Garrett, Kinnison, Noyola, and Scott voting "Aye"; Kelly abstaining; Longoria absent. Minutes - Special Council Meeting November 26, 2002 - Page 3 1.c. ORDINANCE NO. 025122 Ordinance appropriating $1,626,418 from Reserve for Convention Center Expansion in the Hotel Occupancy Tax Fund 1030, authorizing the transfer of $1,626,418 to the Convention Center 2002 CIP Fund; appropriating $34,185,505 in the Convention Center 2002 CIP Fund; $32,131,337 fi.om the Combination Tax and Municipal Hotel Occupancy Tax Revenue Certificates of Obligation, Series 2002; $1,626,418 from the Hotel Occupancy Tax Fund 1030; and $427,750 fi.om anticipated interest earnings in the Convention Center 2002 CIP Fund to fired the construction and expansion of the convention center. An emergency was declared and the foregoing ordinance passed: Neal, Chesney, Colmenero, Garrett, Kinnison, Noyola, and Scott voting "Aye"; Kelly abstaining; Longoria absent. 1 .d. M2002-399 Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the construction manager at risk contract with Moorhouse-Beecroft, Joint Venture, LLC, establishing a guaranteed maximum price of $25,000,000 for construction of the Bayfront Convention Center expansion/rehabilitation project. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kinnison, Noyola, and Scott voting "Aye"; Kelly abstaining; Longoria absent. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 11:42 a.m. on November 26, 2002. 2 NO ATTACHMENT FOR THIS ITEM 3 NO ATTACHMENT FOR THIS ITEM NO ATTACHMENT FOR THIS ITEM 5 NO ATTACHMENT FOR THIS ITEM 6 CITIZENS ADVISORY HEALTH BOARB - Two (2) vacancies with three-year terms to 11-11-05, one of which is appointed jointly by the City and the County. DUTIES: To study and assist in health and human service operations, services and programs, and to make recommendations to the City and County through the Director of Health and Human Services. COMPOSITION: Eleven (11) members, five (5) members appointed by the City Council for three-year terms, five (5) by the Commissioners Court; and one member appointed jointly by the City and the County. The board elects its own president and vice president. MEMBERS TERMS. ORIGINAL APPTD. DATE Leo Barrera, Jr. (County), Chairman Rose Caballero (County) Melinda Gonzales (City) VACANT (County) Karen Beard (City) Gloria Farias (City) * Erika Escobedo-Benson (City) Dr. Tony Diaz (County) VACANT (County) ** Blanca Rosa Garcia (Joint) Amanda Stukenberg (City) Non-Expiring 04-24-84 Non-Expiring 04-99 11-11-05 08-15-95 Non-Expiring 11-11-05 11-12-02 11-11-04 11-12-02 11-11-05 05-08-01 Non~Expiring 11-11-78 Non-Expiring 11-11-02 05-09-95 I 1-11-03 05-08-01 * Resigned ** Seeking reappointment ATTENDANCE RATE OF MEMBER SEEKING REAPPOINTMENT NO. OF MTGS. NAME THIS TERM NO. % OFATTENDANCE PRESENT LAST TERM YEAR Blanca Rosa Garcia (Joint) 7 6 86% OTHER INDIVIDUALS EXPRESSING INTEREST Larry Bittle Human Resources Manager, Sherwin Alumina. B.S. in Chemical Engineering, University of Arkansas. (11-15-02) Irene Chavez Assistant Director of Community Relations, Corpus Christi State School. B.A. in Speech Communication from St. Mary's University. 12-10-02.doc, p. 1 Laura Hebert William Koprowski, J.D., Ph.D. Community activities include the following: Founding member and treasurer of the Coastal Bend Cesar Chavez Committee, Coastal Bend Alliance for Youth member and Assistant Community Relations Liaison for the Volunteer Services Council of the C.C. State School. (6-04-02) Professional Insurance Advisor, Arvak Insurance Group. Community activities include: President Elect of the CBAHU, President of Delta Gamma, RCIA teacher, and member of Eastern Star 354. (10-16-02) Professor & Program Manager of Health Admi- nistration, Texas A&M University-Corpus Christi. J.D., University of South Carolina; Ph.D., Temple University, M.S. from University of Southern California; B.A. from Temple University. Member of Texas Healthcare Information Council and Board Member of Healthcare Financial Management Association. Special awards received include: Fulbright scholar. (7-25-01) 12-10-02.doc, p. 2 b. CORPUS CHRISTI AREA CONVENTION AND VISITORS BUREAU BOARD One (1) vacancy with term to 7-31-03 representing the category of At large. DUTIES: To create a consciousness on the part of the citizenry of the Corpus Christi Bay Area of the potential trade advantages of the visitor industry; create a comprehensive publicity, advertising and promotional program to solicit and attract conventions and visitors to the Corpus Christi Bay Area and provide appropriate services connected therewith; promote and assist programs of information, education, recreation and development of visitors to such areas; and create friendly relations between the citizens of the area and visitors. COMPOSITION: Fifteen (15) members selected directly by the City Council. The members shall be representatives of the following groups: 3 - lodging industry; 2 - restaurant industry; 2 - area attractions; 1 - air/ground transportation industry; and 7 - community at large. The above members shall include persons fi.om all areas of the City in order to assure diverse geographic representation on the Board. The Mayor, City Manager and the Port of Corpus Christi Authority, or their designees, shall serve as additional non-voting members of the Board. Appointments will be for staggered, three- year terms; provided that the term of office of any member who is a public official shall coincide with his or her term of public office. No person may serve as a voting member for a period longer than six years consecutively, unless such service is required by virtue of the person's position or title or to complete an unexpired tenn. MEMBERS TERM.. ORIGINAL APPTD. DATE Bert Quintanilla (At large), Chairman 7-31-05 Dave Prewitt (Lodging), Vice-Chairman 7-31-05 Brad Lomax (Restaurant) 7-31-03 Govind Nadkami (Lodging) 7-31-03 Jody Patel (Lodging) 7-31-05 Bill Goin (Attractions) 7-31-05 Cristina Garza (Restaurant) 7-31-03 Victor Gonzalez (Transportation) 7-31-04 Tom Schrnid (Attractions) 7-31-04 Bill Morgan (At large) 7-31-04 Vangie Chapa (At large) 7-31-03 Linda Routh (At large) 7-31-04 Bemey Seal (At large) 7-31-03 John Trice (At large) 7-31-04 Dan Viola (At large) 7-31-05 Lillian Riojas (Port of Corpus Christi) Ex-Officio Mayor Ex-Officio City Manager Ex-Officio 2-22-00 6-12-01 2-22-00 2-22-00 2-22-00 2-22-00 2-22-00 2-22-00 2-20-01 5-16-00 2-22-00 2-22-00 2-22-00 2-22-00 5-08-01 *Deceased 12-10-02.doc, p. 3 NOTE: The Corpus Christi Convention and Visitors Bureau Board is making the following recommendations to realign the board: 1) Request that Bill Goin be moved from the "Attractions" category into the "At large" category vacated by Berney Seal; 2) Request that Govind Nadkarni be moved from the "Lodging" category into the ''At large" category currently held by Bill Morgan and that Bill Morgan be moved from the ~'At large" to the "Lodging" category. To fill the vacancy in the "~4ttractions' category, the Board voted to nominate the following individuals: Rocco Montesano, Elaine Moti or Tom Hallicla INDIVIDUALS EXPRESSING INTEREST Neill F. Amsler President, A1 Hogan Builder, Inc., BS from Miami University, Board Member of "Making the Grade" school program, Victoria Tech Prep, and Calhoun Victoria Foreign Trade Zone. Member of various single purpose committees such as the Long Range Planning Committee of the Golden Crescent Regional Planning Commission, Victoria Chamber of Commerce, and Transportation Committee. (At Large) (2-18-00) J.C. Ayala Owner/Travel Agent, Let's Travel. Current member of the Chamber of Commerce and Hispanic Chamber of Commerce. Graduate of Mexico Tourismo. (11-15-02) Edna Balboa Co-owner, Challenge Quest, Inc. B.A. in Political Science, December 2001. Community activities include the following: Vice-President of Edgeworks, member of the Coalition for the Advancement of Women, and Youth Odyssey volunteer. (6-19-01) Bob Becquet Owner, Jason's Deli. Activities include President of C.C. Restaurant Association, Chairman of Finance Committee for St. Plus X Church, Literacy Council and Chamber of Commerce. (Restaurant) (2-16-oo) Dale D. Berry Director of Development, Texas A&M - Kingsville. B.A. from Howard Payne University. Professional and community activities include the following: Beautify Corpus Christi and the Association of Fund Raising Professionals. (1-24-02) 12-10-02.doc, p. 4 Dennis Brewer Kent Byus, Ph.D. Irene Chavez J. Bradley Clarke Tomas Duran N. Foster Edwards Eddie Gamez Division President, First American Title Insurance Company. Former member of the Convention and Visitors Bureau board in Tyler, TX. Past president of South Tyler Rotary Club. (At large) (4-13-00) Associate Professor in the College of Business, Texas A&M-Corpus Christi. Ph.D. from New Mexico State University and M.B.A. form Texas Tech University. Recipient of the Volunteer of the Year Award in 2000 from the Greater Muskegee Area Chamber of Commerce, Muskogee, Oklahama. Strategic planning consultant to Northeastern State Unversity, Tahlequah, Oklahoma. (10-18-02) Assistant Director of Community Relations, Corpus Christi State School. B.A. in Speech Communication from St. Mary's University. Community activities include the following: Founding member and treasurer of the Coastal Bend Cesar Chavez Committee, Coastal Bend Alliance for Youth member and Assistant Community Relations Liaison for the Volunteer Services Council of the C.C. State School. (At large) (6-04- O2) Self-employed, Real Estate Sales. (8-06-01) Owner/President, Duran Insurance Brokerage. M.A. in Economics and B.A. in International Relations, West Texas State University, Canyon, TX. Civic activities include: Chamber of Commerce member, Diocese of Corpus Christi Finance Council, member of Instituto de Cultura Hispanica, and Teen Court Board member. (At large) (10-28-02) CEO, C.C. Association of Realtors. M.A. in Political Science, Southwest Texas State University. President of C.C. Industrial Foundation and Secretary of Nueces County Beach Advisory Committee. Graduate of Leadership Corpus Christi, Class XI. (At Large) (2-02-00) Refinery Accounting Superintendent, Valero Refining Company. B.B.A. in Accounting from 12-10-02.doc, p. 5 Al "Beto" Garcia Herbie Garcia, Jr, Mary Garrett Rudy Garza, Jr. Guadalupe Gomez Gary Groesbeck Thomas J. "Tom" Hallick 12-10-02.doc, p. 6 Corpus Christi State University. Licensed C.P.A. since 1982. Community activities include: Leadership Corpus Christi Class 31, Valero Volunteer Council President, and former member of Crime Control and Prevention District board of directors. (10-28-02) Retired lab technician, CPC International. One of the founders of the Texas Jazz Festival, which promotes our city both nationally and internationally. Involved with the Texas Jazz Festival Society. Ott large)(12-05-02) President, Netreadygo.com, Inc. M.B.A. and B.B.A. in MIS fi:om Texas A&M-Corpus Christi. Member of Hispanic Chamber of Commerce, LULAC and Who's Who in Information Systems Processing. Work history includes Senior Planner with the City of Houston and Manager in Texas Governor's Office during the Ann Richards administration. (At large) (2-13-00) President, Mary Garrett & Associates. Fifteen year's sales and marketing experience in hospitality industry. Her company recently recognized as one of five largest meeting management companies in Texas. (At Large)(2-09-O0) Self-employed - Real estate. B.B.A. fi:om Texas A&M - Corpus Christi. Member of the National Association of Purchasing Managers (At Large) (3- os-oD President, Laredo National Bank. B.B.A. in Finance. Member of Selena Foundation, Hispanic Chamber of Commerce, Westside Business Association, Gulf Coast Council of La Raza. (At Large) (12-08-99) Retail Owner, Padre Staples Mall. Member of Creative Arts Center Board, Vice-President of Finance - Art Museum board and Bayfest Electrical Chairman. (At Large) (2-18-00) Vice-President of Operations, Avis Rent A Car. Community activities include the following: SEA Laura Hemandez-Chapman Jim Jones, Ph.D. Sandy Keiser Robe~ T. Lacy, Sr. Randy Lara Kevin R. Latone 12-10-02.doc, p. 7 Board Member, Beefiest, Chamber of Commerce, and CCA State Board member. Recipient of the Volunteer of the Year Award from Chairmanship of Kids Place Addition. (At large) (6-25-02) Attorney-at-Law. J.D. from Texas Wesleyan University School of Law; B.A. from Southern Methodist University. Volunteer activities include: Greater Dallas Hispanic Chamber of Commerce board of directors, City of Dallas Business Development Corporation board of directors and Dallas ISD Latino Advisory Committee member. (10-17-02) Retired Professor of Management, Del Mar College. Ph.D., University of North Texas; M.B.A., Texas A&M - CC. Recipient of the Presidents' Award from Hotel Motel Condo Association for significant contributions to the hospitality industry. (At Large) (2-16-00) Sales Manager, Thrifty Car Rental. Past Chair of Hospitality Sales & Marketing Association and current Chair, Chamber Ambassadors. (At Large) (2-10-O0) Retired Ford dealer - 31 years. Community Activities include the following: Board member of Crime Stoppers and Beautify Corpus Christi. Past President of the Coastal Bend Car Dealers. Active with the Robstown Lions Club, Ford Advertising Board, and the Better Business Bureau. (At large) (4-09-02) Marketing Specialist, Driscoll Children's Hospital. Attended Southwest Texas State University. Active with the Young Professionals Club, C.C. Chamber of Commerce ambassador, and Koch Coastal Bend Community Advisory Council. (At large) (9-13-00) General Manager, Omni Corpus Christi Hotels. Past activities include Past President of the Huntsville Hotel/Motel Association and past President of the Alabama Hospitality Association. Extensive experience in the hotel industry. (Lodging) (5-18-01) Mary McQueen Elaine Motl Anna Mercado-Flores Frank "Rocco" Montesano Corbett "Butch" Pool W. Mark Rand 12-10-02.doc, p. 8 Marketing, Texas State Aquarium. B.B.A. in Management and Marketing, C.C.S.U. Leadership C.C. Alumni, Class XIV. Past distinctions include the following: three award-winning advertising campaigns for Texas A&M-CC (1993-99) and CCSU-USCC Student Leadership Award (1991). (2-18-00) (Attractions) President/Owner, E.M. Marketing Company. Extensive experience as an event producer including the following: Executive director of Harbor Lights Festival, Race Producer of Allen Samuels Chevrolet Powerboat Shoot-Out, and Event Producer for the U.S. Open Windsurfing Regatta. Member of the Corpus Christi Rotary Club, International Festivals Association and the American Advertising Federation. Recipient of Race Course of the Year Award in 2000. (At large) (6-27-02) President, International Meeting Planners. Past Chairperson of Hispanic Chamber of Commerce. Winner of Outstanding Community Service Award. (At Large) (2-16-00) Executive Director, U.S.S. Lexington Museum. B.S., United States Naval Academy; Master's in Public Administration 15om St. Mary's University. Member of Convention and Visitors Bureau Interim Board (Chaimaan of Nominating Committee), Navy League. Associate Professor for St. Mary's University. Has received two Legion of Merit awards. (Attractions) (2-04-00) Director of Domestic Operations, Neptune Fisheries. B.B.A. in Finance, Texas A&M University - Corpus Christi. Volnnteers for Bayfest and the Junior League of Corpus Christi. (At large) (6-22-01) Owner/President, Golden Banner Press. B.S. in Agriculture and Economics, Texas A&M-College Station. Member of American Advertising Federation and Ronald McDonald House. (At Large) (2-16-00) Jim Rimby Greg Salvo Marilyn K. Spencer Curtis Weidner Regional Sales Director, Zep Manufacturing. Serves on the Board of Directors for Executive Housekeepers Association and the Propeller Club. Member of the Hotel Motel Condo Association. (At Large) (2-18-00) Sales, Williams Wholesalers. Activities include Sunrise Rotary Club President- Elect, Corpus Christi Area Council for the Deaf, Coastal Bend Restaurant Association and Salvation Army Board. (At large) (2-17-00) Director of Centers for Academic Success & Advising, Texas A&M University~Corpus Christi. Ph.D. and M.A. in Economics. Professional and community activities include: Board of Directors of the Corpus Christi Area Council for the Deaf and President of the Southside Rotary Club. Research has included studies of state and local revenue and expenditure decisions, Hispanic labor force issues and local community consumer confidence. (~It large) (12-05-02) Case Manager, Communities in Schools. M.S. in Secondary Education and M.S. in Educational Administration. Member of the Coastal Bend Advocacy Development Program. (11-22-02) 12-10-02.doc, p. 9 c. CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION (CCREDC) BOARD - Four (4) vacancies. NOTE: The bylaws of the CCREDC require that those members appointed to the Board of Directors from 1/01/03 forward be appointed to staggered terms. Initially, two members will be appointed to one-year terms, one member will receive a two-year term and one member will receive a three-year term. If the Council does not determine individual terms, they will be determined by drawing lots in the City Secretary's Office. DUTIES: To perform as an advisory board to the City Council and to investigate and recommend to the Council such projects as in its opinion would be advantageous to the future growth of the City and to assist the City in the establishment and location of industries. COMPOSITION: Sixteen (16) directors, four (4) directors appointed by the City Council for three-year staggered terms. The remainder of the Board shall be comprised of not more than six (6) persons elected by the Corporation's membership in accordance with its bylaws, two (2) appointed by the Port and one (1) appointed by the County; the Mayor and County Judge shall also serve as ex-officio, voting directors. The City Manager shall serve as an ex-officio, non-voting member. A representative from San Patricio County shall serve a one-year term. The directors shall serve three-year terms staggered as provided in the Corporation's bylaws; provided that the term of office of any director who is a public official shall coincide with his or her term of public office. MEMBERS Joe Adame (County), Chairman * Edward Martin (City) * Gloria Perez (City) * N. Foster Edwards (City) ** VACANT (City) Bill Dodge (Port Authority) Bernard Paulson (Port Authority) Jim Barnette (Membership) A1 Jones (Membership) Jacob Mufioz (Membership) Ray Hayes (Membership) George Kain (Membership) Sam L. Susser (Membership) Rep. Judy Hawley (San Patficio County) County Judge Mayor City Manager ORIGINAL TERM APPTD. DATE 1-03 1-03 2-22-00 1-03 12-11-01 1-03 2-22-00 1-03 1-03 1-03 1-03 1-03 1-03 1-03 1-03 1-04 Term of office Term of office Ex-Officio, Nonvoting * Seeking reappointment ** In October 2002, the CCREDC Board of Directors voted to increase the number of representatives appointed by the City of Corpus Christi from three to four. 12-10-02.doc, p. 10 ATTENDANCE RATE OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NAME THIS TERM NO. % OF ATTENDANCE PRESENT LAST TERM YEAR Edward Martin (City) Gloria Perez (City) N. Foster Edwards (City) 12 12 100% 12 12 100% 12 12 100% OTHER INDIVIDUALS EXPRESSING INTEREST J.C. Ayala Owner/Travel Agent, Let's Travel. Current member of the Chamber of Commerce and Hispanic Chamber of Commerce. Graduate of Mexico Toufismo. (11-15-02) Jane Bakos Vice-President, Christus Spohn Health System. Master's degree in Healthcare Administration, Arizona State University. Professional and community activities include: American College of Healthcare Executives, Texas Hospital Association, YMCA Board member, and American Heart Association Regional Chairperson. Named Corporate Business Leader of the Year by YMCA "Women in Careers", 2001. (11-26-02) Kent Byus, Ph.D. Associate Professor in the College of Business, Texas A&M-Corpus Christi. Ph.D. fi.om New Mexico State University and M.B.A. form Texas Tech University. Recipient of the Volunteer of the Year Award in 2000 fi.om the Greater Muskegee Area Chamber of Commerce, Muskogee, Oklahama. Strategic planning consultant to Northeastern State Unversity, Tahlequah, Oklahoma. (10-18-02) Valerie Vargas Ballesteros Financial Advisor, Men-ill Lynch. B.B.A. from the University of the Incarnate Word - Del Mar College. Community activities include: member of Hispanic Chamber of Commerce, the ARK, IWA Marketing Committee and volunteer for the Instituto de Culturas Hispanicas. Recipient of Centennial Scholar Award from Incarnate Word College. (8-07-02) J. Bradley Clarke Self-employed, Real Estate Sales. (8-06-01) 12-10-02.doc, p. ll Lena Coleman Joe Elizondo Eddie Gamez Herbie Garcia, Jr. Eugene C. Guernsey 12-10-02.doc, p. 12 Owner, Lena's Business Management & Consultants. B.A. in Business Administration; M.A., Education and J.D. Member of Texas Association of Collegiate Testing Personnel and Texas State Bar Association, Census 2000 Complete Count Committee. Past distinctions include: Ford Foundation Scholarship for Academic Recognition and Earl Warren Legal Foundation Scholarship. (2-18-00) Owner, Greenwood Door Company. Community activities include: Board of Directors, Laredo National Bank and Board member of the Hispanic Chamber of Commerce. Recipient of the Compass Award in 2002 from the C.C. Regional Economic Development Corporation and the Business of the Year Award in 2001 from the Hispanic Chamber of Commerce. (10-11-02) Refinery Accounting Superintendent, Valero Refining Company. B.B.A. in Accounting from Corpus Christi State University. Licensed C.P.A. since 1982. Community activities include: Leadership Corpus Christi Class 31, Valero Volunteer Council President, and former member of Crime Control and Prevention District board of directors. (10-28-02) President, Netreadygo.com, Inc. M.B.A. and B.B.A. in MIS from Texas A&M-Corpus Christi. Member of Hispanic Chamber of Commerce, LULAC and Who's Who in Information Systems Processing. Employed as a Senior Planner with the City of Houston and Manager in Texas Governor's Office during Richards administration. Member of city's Ethics Commission. (2-13-00) President/Real Estate Broker, Gene Guernsey Inc./Re-Max Metro Properties. Associate's of Applied Science from Del Mar College. Registered at International Economic Development Council for Economic Development Training towards CED. Member of the Chamber of Commerce and President of Navy League US CC Bay Council. Graduate of Leadership Corpus Christi Class Laura Hemandez-Chapman Mike T. Johnson William Koprowski, J.D., Ph.D. Randy Lara Ed A. Lopez XXVII and recipient of Top 40 under 40 award. (8- 27-O2) Attorney-at-Law. J.D. fi.om Texas Wesleyan University School of Law; B.A. fi.om Southem Methodist University. Volunteer activities include: Greater Dallas Hispanic Chamber of Commerce board of directors, City of Dallas Business Development Corporation board of directors and Dallas ISD Latino Advisory Committee member. (10-17-02) Administrator, Christus Spohn Hospital South. Vice-President, Christus Spohn Health System. M.P.A. in Public Administration, Texas Tech University. Certified Registered Nurse and Licensed Nursing Facility Administrator. Professional activities include: Diplomat, American College of Healthcare Executives Regional Advisory Board and American College of Healthcare Administrators. (4-01-02) Professor & Program Manager of Health Administration, Texas A&M University-Corpus Christi. J.D., University of South Carolina; Ph.D., Temple University, M.S. fi.om University of Southem California; B.A. fi-om Temple University. Member of Texas Healthcare Information Council and Board Member of Healthcare Financial Management Association. Special awards received include: Fulbright scholar. (7-25-01) Marketing Specialist, Driscoll Children's Hospital. Member of Young Professionals Club, Corpus Christi Chamber of Commerce Ambassador, and Koch Coastal Bend Community Advisory Council. (9-13-00) Executive Vice-President / Chief Lending Officer, The Bank of Alice. B.B.A. in Finance, Texas A&I University; Graduate School of Banking, University of Wisconsin at Madison. Community activities include: former member of the Coastal Bend Workforce Development Corporation, Housing Authority board and Boys and Girls Club; current 12-10-02.doc, p. 13 Glenn E. Lyons Robyn Maynard Govind Nadkami Richard Poremba James Robbins Jane H. Stanford, Ph.D. 12-10-02.doc, p. 14 member of Hispanic Chamber and Texas Appraisal and Licensing Board. (7-22-02) Area of expertise - Development and marketing. Director of Padre Island Business Association Board and Director of the Karen E. Henry Foundation. Served ten years in United States Air Force Security Service, Top Secret security clearance. (2-11-00) Process Improvement Manager, Celanese Bishop Plant. B.S. in Chemical Engineering from Purdue University. Member of Leadership at Celanese facility which belongs to the P.I.C.C. and has been in the industry for 15 years. (10-04-00) Owner, Govind and Associates. B.S. in Civil Engineering, Guajarat University; M.S. in Civil Engineering, University of Southern California. Member of National Society of Professional Engineers and American Society of Civil Engineers. Graduate of Leadership Corpus Christi, Class 13. Received National Outstanding Businessman of the Year Award from Texas Association of Minority Business Enterprises. (12-06-01) Principal, Naismith Engineering. B.S. in Civil Engineering and M.B.A. in Accounting. Member of Hispanic Chamber of Commerce Board of Directors and Pacific Southwest Bank board. Previous service includes Co-Chair of Alliance Business Recruitment and Retention Committee. (2- 16-00) Retired pilot and air traffic controller. Certification in Ministry, Howard Payne University; A.A.S. in Mid-management and Communications, North Lake College, Irving, Texas. Activities include: Volunteer chaplain at Bay Area Hospital, and church missions (Brazil, Costa Rica, Turkey, Viet Nam, Peru and E1 Salvador). (5-10-02) Consultant, Strategic Management Solutions. Serves as an adjunct professor at Texas A&M - Corpus Christi. Ph.D. in Organization Theory and Strategic Management and an M.B.A. Current member of Leadership Corpus Christi Class XXX, Manuel Ugues Larry J. Urban, P.E. Gustavo Valadez Ortiz, Ed.D. Curtis Weidner the Chamber of Commerce and the Hispanic Chamber of Commerce. Currently serving on the Water Resources Advisory Committee. (1-29-02 President, Hispanic Chamber of Commerce. B.B.A. in Marketing. Activities include CP&L Advisory Community Committee and C.C. Young Professionals Club. Currently serving on C.C. Downtown Management District. (2-17-00) Co-Founder and Partner, Urban Engineering. B.S. in Engineering from Texas A&M University. Member of the Texas Society of Professional Engineers, Chamber of Commerce. Community activities include: Director, Youth City; Director, American National Bank; Curriculum advisor for Del Mar College and Texas A&M University; and Chairman of the Board, Ada Wilson Children's Rehabilitation Hospital. (9-25-02) President, Del Mar College. Ed.D. in Higher Education Organization; M.A. in Mathematics and Spanish Literature; B.A. cum laude in Mathematics. Has served on the Fine Arts Commission in San Jose, CA, and the Cultural Affairs Advisory Board and the Advisory Council on Latino Affairs in Chicago. (1-25-02) Case Manager, Communities in Schools. M.S. in Secondary Education and M.S. in Educational Administration. Member of the Coastal Bend Advocacy Development Program. (11-22-02) 12-10-02.doc, p. 15 OIL AND GAS ADVISORY COMMITTEE - Two (2) vacancies with three-year terms to 12-31-05 representing the following categories: 1 - General Public and 1 - Oil Industry. (Mayoral appointments subject to confirmation by Council) DUTIES: The committee shall make a continuing study of operations for the exploration, drilling, and production of oil, gas and minerals and the possible effects of same upon the environment, public health, safety and general welfare of the City. COMPOSITION: Eight (8) persons who are residents of Corpus Christi: three (3) members from the oil and gas well industry; three (3) members fi-om the general public who are not connected with the oil and gas well industry; and two (2) alternates: one (1) from the general public to serve in the absence of a public members, and one (I) from the industry to serve whenever an industry member is absent. Public members shall be appointed by the Mayor with approval of the Council; industry members shall be appointed by the Mayor with approval of the Council from those persons nominated by the oil and gas well industry. Members are appointed for three-year terms ending December 31, and may succeed themselves. Meetings are called by the Chairman or any three (3) members of the Committee within specified time limits. Four members constitute a quorum. The committee annually elects its own chairman and vice-chairman. Members receive no compensation for their services. MEMBERS TERM ORIGINAL APPTD. DATE Jerry Dewbre (Oil Industry), Chairman Ron Ruiter (General Public) Charles West (General Public) Sharon Johnson (Oil Industry) Michael Woodcock (General Public) Don Kersting (Oil Industry) Robert DeLeon (Alt, General Public) Charles Jacobs (Alt, Oil Industry) 12-31-03 12-23-97 12-31-04 02-19-02 12-31-02 01-07-97 12-31-04 04-14-98 12-31-03 01-09-01 12-31-02 01-07-97 12-31-04 04-30-02 12-31-04 02-16-99 Seeking reappointment ATTENDANCE RATE OF MEMBERS SEEKING REAPPOINTMENT NAME Charles West (Gen. Pub.) Don Kersting (Oil Industry) NO. OF MTGS. NO. THIS TERM PRESENT % OF ATTENDANCE LAST TERM YEAR 3 2 67% 3 2 67% 12-I0-02.doc, p. 16 OTHER INDIVIDUALS EXPRESSING INTEREST Gretchen Arnold Director of Pollution Prevention Program, Texas A&M - Corpus Christi. Active member of Environmental-Air Quality Programs and the Altemative Transportation Committee. Recipient of the Governor's Award for Environmental Excellence, TNRCC Advocate Award and the League of American Wheelmen Award for Community Facilities and Volunteerism. (General Public) 0-28-02) Douglas R. Dunn Center Director, University of the Incarnate Word (Del Mar campus). Holds a Master's degree in Public Administration. Member of the Rotary International Club. Has received numerous personal and unit awards during Coast Guard career. (General Public) (1-30-02) John Lillard Captain/Instructor/Assistant Manager, C.C. Sailing Center. B.A. from the University of Texas at Austin. Recipient of the American Sailing Association Instructor of the Year Award (2001). (General Public) (2-01-02) Eduardo Riddle Owner, Riddle Engineering Corporation. B.S. in Petroleum Engineering, Texas A&M - College Station. Member of the Society of Petroleum Engineers, C.C. Geological Society, the Texas A&M University Petroleum Engineering Industry Board and the Hispanic Chamber of Commerce. (Oil industry) (12-11-01) Robert Tamez Energy Facilitator, Citgo Refinery. Member of the Hispanic Chamber of Commerce Board of Directors, Westside Business Association, Southwest Basketball Officials Association and the Pan American Golf Association. (Oil industry) (I- OS-01) 12-10-02.doc, p. 17 SISTER CITY COMMITTEE - Four (4) vacancies with terms to 9-03 and 9-04. DUTIES: It shall be the duty of the committee to study ways and means of improving relation with the Corpus Christi sister cities and to advise and consult with and assist the Mayor, the City Council, the City Manager and all other City agencies, Boards and officials in accomplishing the purposes of the Sister City program. COMPOSITION: It shall consist of a Steering Committee of twenty-one members and various subcommittees, members who shall be broadly representative of the racial, religious and ethnic groups in the community. The members shall be appointed by the City Council and shall serve three-year terms or until their successors are appointed and qualified. There shall be a subcommittee for each sister city authorized by Resolution of the City Council. Members of each such subcommittee shall be appointed by the Steering Committee plus members from the community at large as deemed necessary and sufficient by the Steering Committee. The officers of the committee shall consist of a General Chairman and V-Chairman for each of the Sister City subcommittees. MEMBERS TERM ORIGINAL APPTD. DATE Sue Dulaney, General Chairperson 9-04 09-08-98 Yalee Shih 9-05 10-21-97 Edna Balboa 9-04 09-11-01 Mufid A. Abudiab 9-05 10-10-00 Ellen Murry 9-05 04-16-02 Valerie Vargas Ballesteros 9-05 09-09-02 Gary Hansen 9-04 09-10-96 * Dine Combs 9-04 12-14-99 George A. Garcia 9-04 09-09-02 Randy Farrar 9-04 06-11-02 Ann Jaime 9-05 06-13 -00 Rose Gunji 9-04 09-09-97 Wayne Bennett 9-04 09-11-01 Raquel Madrigal 9-04 06-13-00 Melody Cooper 9-05 05-08-01 Judy Benkendorfer 9-03 10-10-00 * Danielle Pearrell 9-03 07-11-00 * JoAnn Canales 9-03 10-31-00 * Jestls Rosales 9-03 10-10-00 Mary H. "Bebe" Morris 9-03 09-09-02 Sharon L. Phillips 9-03 09-09-02 * Resigned 12-10-02.doc, p. 18 INDIVIDUALS EXPRESSING INTEREST Albert Allen Retired Assistant Fire Chief. Owner of Cissi's Flower Shop. Seeking opportunity to leam about different cultures. (9-16-00) Regis Barber President/CEO, South Texas Lighthouse for the Blind. Received B.A. from OLS College and M.A. for St. Mary's University. Regional representative for the General Council of Industries for the Blind and member of the West Corpus Christi Rotary Club. (3-23-00) Kent Byus, Ph.D. Associate Professor in the College of Business, Texas A&M-Corpus Christi. Ph.D. from New Mexico State University and M.B.A. form Texas Tech University. Recipient of the Volunteer of the Year Award in 2000 from the Greater Muskegee Area Chamber of Commerce, Muskogee, Oklahama. Strategic planning consultant to Northeastern State Unversity, Tahlequah, Oklahoma. (10-18-02) Neva Jean Honeycutt Retired teacher. M.Ed. in Reading. Named the 1997 Teacher of the Year, Flour Bluff Intermediate School. (11-07-02) Peter Kuntu-Mensah Assistant Professor of Computer & Math Sciences, Texas A&M University~Corpus Christi. Ph.D. from University of Maine; M.S. from Ohio State University. Member of the Texas Society of Professional Surveyors and the American Society of Photogram. (12-04-02) Nancy Glenn Reynolds Assistant Professor in the College of Education, Texas A&M University - Corpus Christi. Doctorate of Education from Baylor University; M.S. in Education Administration & Foundations, Illinois State University. Created and now directs the ASCENT program for non-traditional students. Serves on the committee that is writing the new state-mandated test for teacher certification. (9-25- O2) Robert Vaughan Self-employed. B.S. in Computer Science. Received recognition from Mayor Mary Rhodes. 12-10-02.doc, p. 19 Elaine A. Yellen Believes city should be more familiar with different cultures. (9-14-00) Assistant Professor of Nursing, Texas A&M University-Corpus Christi. Ph.D. in Nursing. Active volunteer with St. Bartholomew's Church. Member of Texas Nurses Association - local chapter. (1-23-01) 12-10-02.doc, p. 20 7 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving a supply agreement with Altivia, Houston, Texas, in accordance with Bid Invitation No. BI-0016-03, for approximately 1,080 tons of liquid chlorine based on low bid for an estimated annual expenditure of $268,920. The term of the agreement shall be for twelve months with an option to extend for up to two (2) additional twelve-month periods, subject to the approval of the supplier and the City Manager or his designee. This chemical will be used by the Water Department for treatment of our water supply. Funds have been budgeted in FY02/03. Purpose: Liquid chlorine is used in the disinfecting process at the Stevens Water Treatment Plant producing potable water for customers. Previous Contract: The option to extend the previous contract was not exercised due to the vendor's inability to maintain current pricing. Bid Invitation Issued: Thirteen Bids Received: Two Pricing Analysis: Pricing has increased from $166 to $249 per ton. The rise and fall of chlorine prices are based on factors which include the changing economy, demand and supply of the product and demand and supply of its bi-product caustic soda. Generally, when chlorine prices am high, caustic soda prices are low, and when chlorine prices decline caustic soda prices tend to increase. A price analysis on liquid chlorine indicates pricing is rising. Award Basis: Low Bid Funding: Organiz~ion Funding Wmer 520010-4010-31010 $268,920 ?ro~c!ncint and Genera~ager CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION BID INVITATION NO. BI-0016-03 LIQUID CHLORINE (RAIL TANK CARS) APPROX. 1,080 TONS BUYER: ESTHER C. BARRERA VENDOR 1 ALTIVIA HOUSTON, TX. QTY 1080 2 DPC INDUSTRIES, INC. 1080 CORPUS CHRISTI, TX. UNIT UNIT PRICE TON $249.00 TON $250.90 TOTAL PRICE ~268~920.00 $270,972.00 8 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving a supply agreement with Comlink Wireless Technologies, Inc., Grapevine, Texas for two-way radio batteries in accordance with Bid Invitation No. BI-0131-02, based on low total bid for an estimated annual expenditure of $50,851.16. The term of the contract will be for twelve months with an option to extend for up to two additional twelve-month periods, subject to the approval of the supplier and the City Manager or his designee. The batteries are used by various City departments. Funds have been budgeted by the using departments in FY 02-03. Purpose: This bid invitation is a cooperative effort between the City of Corpus Christi, Nueces County, and the Regional Transportation Authority. Nueces County and the Regional Transportation will enter into their own contracts with the successful bidder. The batteries are required to operate the two way radios used by field personnel in communicating with a central dispatcher and among themselves. Major using departments are Police, Fire, EMS and the Utility Departments. Previous Contract: The previous contract was not extended due to revisions to the specifications and quantities. Bid Invitations Issued: 11 Bids Received: 2 Award Basis: Low Total Bid Tessco Incorporated, Hunt Valley, MD submitted the apparent low bid for items 2, 3 and 5. However, Tessco has taken exception to the City's standard terms and conditions. Price Analysis: Pricing has decreased approximately 5% since the last bid of 2001. Fundirlg:. Funds are budgeted by the various using departments. pi r ~ t~r em~ent~& Genera~Manager Michael Barrera ~ CITY OF CORPUS CHRISTI PURCHASING DIVISION REPLACEMENT BATTERIES FOR ERICSSON RADIOS BID TABULATION BUYER: GABRIEL MALDONADO BID INVITATION NO: BI-0131-O2 BID ITEM DESCRIPTION BATTERY FOR ERICSSON MPNMPD RADIO, R6607 BATTERY FOR ERICSSON PCS RADIO, BN2932 ~ATTERY FOR ERICSSON PORTABLE RADIO, BKB191210/4 R5A BATTERY FOR ERICSSON LPE/PRISM RADIO, BKB-191202R2A BATTERY FOR ERICSSON PORTABLE RADIO, BKB191210/3 BATTERY FOR ERICSSON MPA,MPD,MTL RADIO, R8606 BATTERY FOR ERICSSON PORTABLE RADIO, BN2782/IS BATTERY FOR ERICSSON PORTABLE RADIO, BKB-191202/2RIB 3omlink Wireless Tech.,Inc. @RAPEVINE, TX JNIT PRICE TOTAL $64.50 66.41 103,75 47.47 88.75 106.25 84.24 87.06 TESSCO, INCORPORATED HUNT VALLEY, MD UNIT PRICE TOTAL $25,929.00 $75.28 ¢) 5,445,62 63.06 (*) 5,187.50 67.54 8,354.72 70.35 ¢) 4,437.50 58.16 637.50 No Bid 336.96 96.19 522.36 87.75 $30,262.56 5,170.92 3,377,00 $12,381.60 2,908.00 0.00 384,76 526.50 Award Total $50,851.16 (*) Tessco Incorporated, Hunt Valley, MD., has taken exception to City's standard terms and conditions. 9 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving a supply agreement with SBC, Austin, Texas for hardware and operating system maintenance and support on the City's Cisco network equipment in accordance with the State of Texas Cooperative Purchasing Program for a total amount of $70,445.64. The term of the contract will be for twelve months with an option to extend for up to two additional twelve month periods subject to the approval of the supplier and the City Manager or his designee. Purpose: The City owns and operates several pieces of networking equipment consisting of routers, switches and associated Cisco hardware. The equipment is the infrastructure that is required to keep the City's network operating system up and functional. This maintenance agreement provides the City with the technical and system support required to keep the equipment operational. Basis of Award: The contract is awarded by the Telecommunications Services Division (TSD) of the Texas Department of Information Services (DIR) under the TEX-AN 2000 contract, TEXAN2000-SWB-EPI. DIR is a qualified information services vendor (QISV) that operates under the Texas Cooperative Purchasing Program. Funding: MIS Operating Budget 530230-5210-40480 $73,000 Procurement '.P.M. eneral Services Manager 10 CITY COUNCIL AGENDA MEMORANDUM Date: December 10, 2002 AGENDA ITEM: Resolution authorizing the submission of a grant application in the amount of $57,060 to the State of Texas, Criminal Justice Division for Year 4 funding available under the Victims of Crime Act (VOCA) Fund for the Police Department's Family Violence Unit. ISSUE:. Fourth year funding is available from the State of Texas, Criminal Justice Division, under the Victims of Crime Act (VOCA) that provides funds to projects with the primary mission of providing direct services to victims of crime. The purpose of these services is to speed their recovery from a criminal act to aid them in the criminal justice process. BACKGROUND INFORMATION: The grant continues the Victim Assistance Program that provides assistance to victims and family members with the goal of lessening the short and long term trauma experienced as a direct result ofvictimization. Victims and their family membo's are provided with information, reassurance, and guidance for resolving problems and referrals to other social service agencies. The grant covers the salary/benefits for a Victim Case Manager, equipment, supplies, training, and mileage. The case manager provides services to victims including information and referral, criminal justice support and case information, assistance with filing forms for benefits available through the Crime Victims' Compensation under the Texas Crime Victims Compensation Act, informing victims of their rights as victims, advocating on victims behalf with other agencies and within the criminal justice system, and transportation to shelter or to court. They also work with the Victims Advocates located at the District and County Attorneys office. Primary and secondary victims of crime are assisted in an effort to stabilize their lives after victimization, help victims to understand and participate in the criminal justice system, and provide victims of crime with a measure of safety and security. The case manager also works closely through coalitions and with other agencies in an ongoing effort to identify needs and to improve the quality and continuity of services to victims in the community. Additionally, they provide training to community groups regarding victimization issues and available resources, thereby increasing community awareness. Since January 2001 the grant has served over 2,750 victims. FUNDING: Funding is available 9/1/03 - 8/31/04. The State provides $41,404 and the City $15,656. Volunteer hours and office space provide $4,336 in-kind toward the match with the law enforcement trust fund providing $11,320 to purchase equipment, supplies, and provide training. The funding is not on a declining percentage or ending funding cycle, but is subject to the federal appropriation awarded to the State for distribution. REQUIRED COUNCIL ACTION: Approval to submit the grant. RECOMMENDATION: Staff recommends submission of the grant. Chief of Police ~ VOCA 03104 Category CJD Grantee In-Kind Total Personnel $ 41,404 $ $ 4,336 $ 45,740 Personnel: Victim's Case Manager 100% time $ 32,145 $ $ $ 32,145 Fringe Benefits: retirement, insurance $ 9,259 $ $ $ 9,259 Volunteer staff: 542 hours valued at $8/hour $ $ 4,336 $ 4,336 14 hours per week Professional and Contractual $ $ $ $ Travel and Training $ $ 2,938 $ $ 2,938 Equipment $ :$ $ $ Supplies $ $ 8,382 $ $ 8,382 Total Direct Charges $ 41,404 ' $ 11,320 $ 4,336 $ 57,060 Indirect Costs (not allowed) $ $ TOTAL $ 41,404 $ 11,320 $ 4,336 $ 57,060 72.562% 27.4378% Fringe Benefits on $ 32,145 Texas Manicipal Retirement System 11.51°A $ 3,700 FICA 7.65°A $ 2,459 Insurance $ 3,100 Total Fringe Benefits $ 9,259 $ 15,656 Tr~vel and T~i~in~ I ~ ]A. In-state travel and training costs $ [B. Local mileage: 100 miles/mo ~ .365/mile [Total $ 2,500 $ 438 $ 2,938 s 2,o381 Equipment I $$ CJI) ]Copy Machine [Computer for volunteers to enter info into database s I Supplies CJD Local lnKind A. Office supplies $ $ 1,000 $ B. Communications 1. Cellular phone airfime (35 x 12) $ $ 360 i $ 2. Pager ($6 x 12) $ $ 72 $ C. Printing educational literature $ $ 4,000 $ D. Postage $ $ 750 $ E. Miscellaneous office equipmem $ $ 2,200 $ Total $ $ 8,382 $ $ 8,382 CJD Grant Application - Page 10 COMPREHENSIVE CERTIFICATION AND ASSURANCES - FEDERAL FUNDS OFFICE OF THE GOVERNOR CRIMINAL JUSTICE DMSION P.O. Box 12428 Austin, Texas 78711 512/463-1919 Fax: 512/475-2042 www.governor, state.tx, us This document is a material representation of fact upon which reliance was placed with the agency determined to award the grant. If it is later determined that the grantee knowingly rendered an erroneous certification, the agency, in addition to any other remedies available to the federal government, may take available action. ASSURANCES The applicant hereby assures and certifies compliance with any and all applicable federal and state statutes, mguietions, policies, guidelines and requirements, including, but not limited to, OMB Circulars No. A-21, A- 110, A- 122, A-87, A- 133; Office of Justice F~ograms (OJP) Financial Regulations; Education Department General Administrative Regulations (EDGAR); E. 0. 12372 Uniform Administrative Requirements for Grants and Cooperative Agreements -- 28 CFR, Part 66, Common Rule; the Uniform Grant Management Standards (UGMS); and Title 1, Part 1, Chapter 3 of the Texas Administrative Code, that govern the application, acceptance and use of Federal and State funds for this project. In instances where multiple requirements apply to a grantee, the more restrictive requirement applies. 1. LEGAL AUTHORITY - it possesses legel authority to appty for the grant. A ra~atution, rcotion or stmilar action hes heen duly adopted or passed as an off~,ial act of the appitcanrs geveming body, authe~zing the filing of the application, including all unders~adiogs and aesurar~es contained ther~qn, and directing and authertzthg the person identified as the official represeritetive, or their designee of the organization Io act in connection with the appticatio~ and to pmvkte such additional information as may he required. State agonCes ara not required to adopt a resolution. 2. DISPLACED PERSONS - It will comply with reduirsmests of the provisions of the Uniform Relocation Assistaece and Real Prapen'y Acquisitions (42 USC §§ 4601 - 4655) wl~ch ~ for fair and equitable treatment of pe~orlS displaced as a result of Federal and Federalty assi~ed programs. POLITICAL ACTIVITY - It wilt comply with provisions of Federal law which limit certain political activities of employees of State or local unit of government whose principal employment is in connection with an activ~ financed in whole Of in part by Federar grants. (5 USC § 1501, et eaq.) 4. LABOR FAIR STANDARDS ACT - It will comply with ~e minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act (29 USC §§ 201 - 219) if applicable. 5. CONFUCT 0F INTE~.RIEST - It witl estoblish safegeards to prohibit empk~'ees from usiog their pcoitlo~s for a purpese thet is, or gives the appearmx:e of being mounted by a desira for private gain for themealves or othera, parficularty these ~ath where they ha¥~ family, business, or uther tiea. 6. EXAMINATION OF RECORDS - It will gK~ the spot, erring agency, the Office of the Governor, or the Comptroller General, thraogh any authorized rapresentative, access to and the right to examine all records1 books, papers, of documents related to the grant. 7. COMPLIANCE WITH REQUIREMENTS - It will comply with all requiramenla impesed by the Federsi sponsoring agency, the Office of the Governor, or the Comptrclisr General, concerning spe~al reduiraments of law, program requiraments, and other administrative requiraments. 8. EPA VIOCATING FACIUTIES - It wiit insure that the facfiifies under its ownsrship, k~ese or supafvision, which shait he utilized in the accomplishment of the project, are not listed in the Environmental Pratecbo~ Agency's (EPAs) list of Violating Facilities, and that it witl notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Fedefsi ActNihes indicating that a facility to he used in the pr~c~ is under consideration for listing by the EPA. 9. FLOOD INSURANCE - It will comply ~th the flood insurance pumhase requirements of Sec{ion 102(a) of the Flood Disaster Prated;ion Act (50 USC § 4001), which states that, on or after N~rch 2, 1975, communities must parchese flood insurance, where such insurance is available in tho~e communities. This requirement is a condi~on for the receipt of any Federal finitncial assistance for construc[~on or ;~luisition parpo~es for use in any area that had beef~ identified by the Secratary of the Department of Housing and Urhen Development es an area having special fkx)d hazards. The phrase 'Federal financiat assistance" includes any form of lean, grant, guaranty, insurance payment, rapate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. f0. HISTORIC PRESERVATION - It wiit aeaist the f~leral grantor agency in its compliance wi~h ~ec[ion f 06 of the National Historic Prase~vatisn Act of 1966, as amended (16 USC § 470), Executive Order 11593, and the Archeclogical and Histedcsi Preservation Act of 1974, as amended, (16 USC § 469a-1, et seq.) by (a) consulting with the State Historic Preservation Officer (SHPO) on the conduct of investigations, as necessary, to identity pope;ties listed in or eitgib}e for inclusion in the Nations[ Register of Historic Pisces that are subject to adverse effects (see 36 CFR Part 800.6) by the activity, and notifying the Federal grantor agency of the e~atence of any such prppeflies, and by (b) complying with afl requirements eatabrlshed by the Federal grantor agency to a~id or mitigate adverse effects upon such properties. 11. COMPLIANCE WITH LAWS AND GUIDES - It will comply, and essura the compitance of all i~ subgrantees and contractors, with the applicable provisions of Tifte I of the Omnibus Crime Control and Safe Streets Act of 196~, as amended, the Juvenile Justice and Datinquency Pre~nmfion Act, or the Victims of Crime Act, as appropriate; the provisions of the current edition of the Issue Date; October 2002 CJD Grant Application - Page 11 Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1; and all cther applicable Federal taws, orders, circulars, or regulations. 12. COMPLIANCE tNITH CODE OF FEDERAL REGULA'FIO~'= - It will comply with the pcov'",aiens of 28 CFR applicable to grants and cooperative agrsemeofs including Part 18, Admir~e Rewew Prucedum; Pad 20, Cdminal Juslice Informaiton Systems; Part 22, Confidentiality of Identifiable Research and Statistical Intonation; Part 23, Criminal Inlelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and A~; Part 42, Nondiscrtminatio~ Equal Empic~'nent Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Enviruomeofal Po~cy Act; Part 63, Ficodplain Management and Wetland Pratection Procedures; and Federal laws or regulations appticable to Federal Assistance Programs. 13. NONDISCRIMINATION- A. It will comply with all State and Federsl statutes ralati~ to nondiscfiminatic~. B. It will comply, a~l all Its ono~"actors will comply, with the nc~discrimthuticn raq~ of the Omntbus Crime Coofml and Safe Streats Act bi= 1968, as amended, (42 USC § 3789(d)), or V'~ims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, es amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Amencar~ VV'~h Disabilities Act (ADA) (1990); Title IX of the Educatien Amendments of 1972; the Age Discrimination Act of 1975; Department of Jus~ce Non-Discrimination Rogutations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of Justice regulatiens en disability disoriminatien, 28 CFR Part 35 and Part 39. C In the event a federal or state court or federal or s~at~ administrative agency makes a finding of discrimination after a due Preceas hsedng on the gru~nds of race, coicr, religicn, national odgio, se~, er diseblitty agaioat a recipisrtt of funds, the recipient will fomrard a copy of the finding to the Ofitce of Justise pmgmn~, Office for Civil Righto. D.It will provide an Equal Emptoyment Opgodunity program (EEOP) if required to maintain one, where the application is for 14. COASTAL BARRIERS - It will comply with the provisions of the Coastal Barrier Res~rces Act (16 USC § 3501, et seq.) which prohibits the expenditure of most new Federal fun~s within the units of the Coastal Banier Resources System. 15. SUPP~ITION - It will use funds to supptement existing funds for program activities and may not replace (supplant) non-Federal funds that have been app~aprtated for the same purpose. The applicant understands that potential supplanting will he the subject of menitedog and audit. V'~ns can result in a range of pa~aities, including suspension of future funds under this Program, suspension or debarme~ from Federal grants, resoupment of rn~iss provided under this grant, and civil and/or cdminal penalties. 16. TAXES - It will comply will all State and Federal laws and ara solely responsible for filing all required State and Federal tax fo~rns. 17. GRANT ADMINISTRATION - It will maintsin en appropriate grant administrstion system to ensure that all terms, conditions and specifications of the grant, including these standard assurances, am rnc~. 18. PUBLIC INFORMA~ON - It will ensure that all infom~aiton collected, aesembied or msintaJnad by the applicant relative to a project will be aveiisble to the public during normal I~sincss hours in compliance with Texas Government Code, Chapter 552, unisss oe~'wise expo~asly prchibltsd by isw. 19. CHI UPPORTP Y ENTS-ltwfllcomplywithSebtion231.006, Texas Family Code, which prohiblts payments to a parson who is in arrears en child suppod payments. 20. SUSPECTED CHILD ~ - It will comply with Section 261.101 of the Texas Family Code, which requires raportiog of all suspected cases of child abuse to local law enforcement authorities and to the Texas Department of Child Protective and Regulatory Services. Grantees shall also ensure that all program persor~el ara properly trained and aware of this requirement. 21. RELATIVI~$ - It will comply with Texas Government Code, Chal~er 573, by ensuring that no offm. er, employee, or member of the applicant's go'~.-.nliog body or of the applicant's contractor shall vcte or cot, firm the employment of any pers~ related within the second dagrae of alfinity or the third dagres of coosenguinity to eny memder bt the govemthg body, or to any outer officer or emplo.~e authorized to employ or supervise such person. Thio prohibition shall not prohibit the employment of a person who ohall have been continuouoly employed for a period of two years, or such other period stipulated by Iccal law, prior to the olebtion or appointment of the officer, employee, er governing body member related to such person in the pmblbited 22. OPEN MEETINGS - If the applicant is a governmental entity, it will comply with Texas Government Code, Chapter 551, which requires all regular, special or called meeting of govemmebtat bodies to he open to the public, except as e(herwlse provided by law or specifically excluded in the Texao Constitution. 23. HEALTH. HUMAN SERVICES. PUBLIC SAFETY OR LAW ENFORt'J=M~=NT A~_~._uC_-y. If the appticant is a health and human services agency or public safety er law enforceme~lt agency, it will not con~*act with or issue a license, cedificate or permit to the owner, operator or administrator of a facility if the license, permit or certificats has been revoked by another health and human services agency er public safety or isw enforcement agency. 24. LAWE CEMENT NCY - If the appticant is a law enforcement agency regulat~l by Texas Government Code, Chapter 415, it will comply with all rules adopted by the Texas Cornmlasioo on Law Enforcement Off. er Standards and Education pursuant to Texas Government Code, Chap~r 415, o~ it must provide the Criminal Justice Divtsio~ with a certification from the Texas Commission on Law Enforcement Officer Standards and Education stating that the agency is in the process of achieving compliance with such rules. Issue Date: October 2002 CJD Grant Application - Page 12 CERTIFICATIONS 1. The applicant ca~tfien that it will provide a drug-frse workplace by: a. Publis~ing a statement notifying emptoyees that the unlawful manufacture, distribution, dispensing, possession, or use of a cantnY/ed subetence is prohibited in the grantse's v,,:x~ and specifyiag the acfinns that will be taken agsinst employees for violation of such prohibition. b. Establish a dmg-frse awarenese prngmm to inform employees about: i. the dangers of drng abuse in the ~; ii. the appticant's p~cy of main~ a dmg-frse wo~; iii. any available drug cour--,aating, rehabilitation, and emptoyes sesiMance pragrams; and iv. the pa~aittes that may be imposed upan empioyess faf drug ab~se viotatlens. c. Making it a requirement that each eml~oyee to be engaged in tbe Pecformance of the grant be given a c°py of the statement required by paragraph (a). d. Notifying the employee in the ststeme~ required by paragraph (a) that, as a condition of employment under the grant, the employee will: i. abide by the terrns of the statemant, and ii. nofify the employee of any criminat dnJg sbitu~e com~..f~on fer a vioisfion occurring i~ the worlq:itace n~ ister than five days after such conviction. e. Notifying the agency within ten days after receiving nedca under subf~ragraph (d)(ii) from an employee or otharwise receiving actual notice of such conviction. f. Taking one of the following acfiorts with respent to any empteyee who is so cerwfcted: i. Taking approphate pefsonnsi action against such an employee, up to and including termination; or ii. Requiring such employee to participate satisfactonty in a drug abuse assistance er rehabilitation program approved faf such purposes by a federal, state, or local health, law enforcement, or other appr~e agency. g. Making a good faith effort to continue to maintain a drug-free workptace through the implementation of paragraphs (a), (b), (c), (d), (e), and If application is in excess of $100,000, I certify to the best of my knowledge and belief to the following: 1. No federal appropriated funds have bsefl paid o~ will be paid lo any person for influencing or attempting to inlluence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an emptoyse of a member of Congress in connection with the awarding of any federal ~aot, the mating of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, con~,inuatle~, renewal, amendment, or modif~k~ of any federal contract, grant, loan, o~ cooperative agreement. [~] Check here if any non-federal funds have bean paid or will be paid to any person for influenmng or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a membe~ of Congress in connacbon with this federal contract, grant, loan, or cooperative agreement. You must also notify the Criminal Justice Division (CJD) or your local ccuncit of governments for the =Discissure Form to Report Lobbying". 2. The undersigned shall require thst the isnguage of this ceffificafion be included i~ the award documenfa for ali sub-awards st all tiers and that all sub-recipients shall certify accordingly. AUDIT CERTIFICATION (SELECT THE APPROPRIATE CHOICE) I certify: ] The applicant agency currently e.x~ends combined federal funding of $300,000 or more and, therefore, is required to submit an annual single audit by an independent auditor made in accordance with the Single Audit Act Amendments of 1996 and OMB Cimular A-133. ] The applicant agency currently e)q~ends combined federal funding of less than $3(X),000 and, therefore, is exempt from the Single Audit Act and cannot charge audit coMs to a CJD grant. I understand, however, that CJD may require a limited scope audit se defined in OMB Cimular A-133. EQUAL EMPLOYMENT OPPORTUNITY PLAN (EEOP) CERTIFICATION (SELECT THE APPROPRIATE CHOICE) Definitions: Tvoe I Entity Educational/medical/non-lxofit institution/Nati~ American Tdbe - ce~fication required (select appropriate choice below); EEOP NOT required Type II Entity All other recipients receiving more than $25,0(X), but not more the $500,000- certir~=atinn required (select the appropriate choice below); o~ganizatinns must maintain EEOP on file for possible audit if the organization has mom the 50 empioyses. T¥1~e III Entity For p~ofit entities and state and local governments receiving $500,000 or mom - certification required (select the appropdste choice below); the organization must submit ac EEOP to the Office for Civil Rights (OCR) for approval Issue Date: October 2002 CJD Grant Application - Page 13 If your orqanization is a Tvl)e I, II or III Entity, select one of the followinQ: [] [] [] i certify this oq~aflizalJon is a Type I F-nflty, This eflfily ~ilt comity with the prohibilim~ against disc~iminatinn in any program or aofh,fly (28 CFR § 42.203), is na~ requi~d to maintain an Equal Emp~oymeflt Opportunity Plan, but v, ill comply v, flh equal employment oppoduni~/p~'ogmm guidelines of the Daf~rtment of Health and Human Scqv'~s (28 CFR § 42.302). i certify this organizatisfl is a Type II Ent&t¥ that empk~ys less than 50 paople. This eofity Will comply with the prohiblt~s against disc~minatiofl in any program or activity (28 CFR § 42.302), but is no~ required to maintain an Equal Employment Opportunity Plan (28 CFR § 42.301 et ssq). I cellify this orgaflizaltofl is a Type II Enfib] tha~ employs 50 or rnore pe~flk*% This efltity will comp4y with prohibitio~s ag~nst discrimination in any program or ac~vity (28 CFR § 42.302), an has formulate an Equal Employment Op~ity Pisn (28 CFR § 42.30 et seq), that is o~ file in the office of I certify this ol~anizatiofl is a Type III En6ty. This entity will comrdy with the wohibitiofls against discrimination in any program or activity (28 CFR § 42.302), and has formulated an Equal Employment Oppo~unity Pisn (28 CFR § 42.301 et sec/), that will be submitted to the Office for Civil Rights, Office of Justioe Programs, De~ of Justice, for approval upofl award of a grant. Debarment Certification (SELEC?TtlEAI~ROPRtA~E CHOICE) If this application is in excess of $25.000. I certify that: By submissioA of this proposal, that neither the applicant agency r~' its pdncipais am presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this traneaction by any federal deparbneof or agency, or, I em unnt:~e to cedify the above =~[=rnant and have aitached an e~planafion to the apfl#caflon. Applicants must complete, sign and submit this form it to CJD before they will receive state and/or federal funds. Recipients of state and/or federal funds must fully understand and comply with the requirements listed for Federal and State Assurances on pages 1 and 2 of this document. Failure to comply may result in the withholding of funds, termination of the award, or other sanctions. City of Corpus Christi Applicant's Organization David R. Garcia, City Manager Printed Name and Title of Authorized Off. iai Victims of Crime Act Project 'l-d~e Signature of the Authorized Official / / Date Issue Date: October 2002 CIVIL RIGHTS LIAISON CERTIFICATION CJD Grant Application - Page 17 OFF~CE OF T.E C, OW~O. CRIMINAL Ju $~YICE DIVISION P.O. Box 12428 Austin~ Texas 7871 l 512/463-1919 Fax: 512/475-2042 www.governor.st ate.tx.us ALL APPLICANTS FOR VICTIMS OF CRIME ACT (VOCA) GRANTS MUST NAME A CIVIL RIGHTS CONTACT PERSON. As required by federal guidelines and the Govemor's Criminal Justice Plan for Texas governing the Crime Victims Assistance Program under the Victims of Cdme ACt of 1984, the following person is named as the civil Hghts contact person who has lead responsibility for insudng that all applicable civil dghts requirements are met and who shall act as liaison in civil rights matters with the Cdminal Justice Division and with the Office of Justice Programs (U.S. Depmlment of Justice). Applicants must complete this form and submit it to CJD before they will receive state and/or federal funds. Recipients of state and/or federal funds must fully understand and comply with the requirements listed in this document. Failure to comply may result in the withholding of funds, ten~ination of the award, or other sanctions. City of Corpus Christi Applicant's Organization David R. Garcia, City Manager Name of Liais~n Victims of Crime Act Project Title Signature of Liaison / / Date Issue Date: October 2002 RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SUBMIT A GRANT APPLICATION IN THE AMOUNT OF $57,060 TO THE STATE OF TEXAS, CRIMINAL JUSTICE DIVISION, FOR YEAR 4 FUNDING AVAILABLE UNDER THE VICTIMS OF CRIME ACT (VOCA) FUND FOR THE POLICE DEPARTMENT'S FAMILY VIOLENCE UNIT NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or his designee, is authorized to submit a grant application of $57,060 to the State of Texas, Criminal Justice Division, for Year 4 funding available under the Victims of Crime Act Fund for the Police Department's Family Violence Unit. SECTION 2. The City of Corpus Christi will provide matching grant funds orS11,320 and in-kind contribution of $4,336. SECTION 3. In the event of the loss or misuse of these Criminal Justice Division funds, the City of Corpus Christi assures that the funds will be returned to the Criminal Justice Division in full. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Samuel L. Neal, Jr., Mayor Legal form approved .~ . ~ James R. Bray, Jr. City Attorney By: Lisa Aguilar LJ Assistant City Attorney ,2002; H ALEG-DIR~Lisa~RES~dee 2002 VOCA resolution.wpd 11 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: (A) Motion adopting the timetable for the FY2003 Consolidated Plan/Annual Action Plan that is the planning and application process for the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grants (ESG) programs. (B) Motion reaffirming Community Development Block Grant Program objectives and guidelines as previously adopted by the City Council on March 22, 1994 (Ordinance No. 21901). REQUIRED COUNCIL ACTION: Adopting the timetable for the FY2003 Consolidated Plan/Annual Action Plan (CPIAAP) and reaffirming Community Development Block Grant (CDBG) Program objectives and guidelines as previously adopted by the City Council. RECOMMENDATION: Staff recommends adoption of the timetable for the FY2003 Consolidated Plan/Annual Action Plan process and reaffirming the Community Development Block Grant Program objectives and guidelines. IMPLEMENTATION SCHEDULE: FY2003 CP/AAP Timetable HCD Director ADDITIONAL SUPPORT MATERIAL Background Information FY2003 Schedule CDBG Guidelines AGENDA MEMORANDUM BACKGROUND INFORMATION Each year the City Council approves the upcoming Community Planning and Development Grant Programs planning and an implementation calendar. The CP/AAP is the application for funding under the community planning and development formula grant programs administered through the U.S. Housing and Urban Development (HUD) that include the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), and Emergency Shelter Grants (ESG). HUD regulations require the development of a five-year strategy entitled Consolidated Plan (CP) that will bring needs and resources together and must be developed to achieve the goals that will principally serve Iow to moderate-income persons and to provide decent housing, a suitable living environment and expand economic opportunities. The CP will be developed beginning January 2003 that will identity community needs with applicable resources to meet those needs through FY2007. A one-year Annual Action Plan (AAP) will describe the activities and projects to be assisted with funds received under the CDBG, HOME and ESG Programs and other HUD programs that help meet housing and community development objectives. The proposed schedule enclosed as Attachment "A" provides a comprehensive list of activities. Key dates are: February 14, 2003 March 19, 2003 May 13, 2003 June 13, 2003 - Proposals for CDBG and ESG Programs Due Date - Planning Commission Public Hearing - City Council Public Hearing - Consolidated Plan/Annual Action Plan submission to HUD As in the past, neighborhood, nonprofit and focus group meetings will be conducted in January and February. Meeting notices and requests for proposals will be published and mailed to interested organizations. Information will be forwarded to the local media to increase citizen participation. The adopted schedule will be also be added to the City's Internet Home Page. Over the 28 years of the CDBG Program, the City Council has gradually developed concise set of City Council policies for the CDBG Program. In March 1994, these policies were formally codified into the policies and general rules and procedures of the City Council. Each year at the beginning of the CDBG Program staff brings these policies back to the City Council for reaffirmation for their continued use. Staff believes that these policies are precise enough while still allow flexibility for programs and have served the Council and the City extremely well over the years. Staff recommends the Council reaffirming the Community Development Block Grant Program objectives and guidelines enclosed as Attachment "B." ATTACHMENT "A" HOUSING & COMMUNITY DEVELOPMENT COMMUNITY PLANNING & DEVELOPMENT PROGRAM (CPD) CONSOLIDATED PLAN/ANNUAL ACTION PLAN SCHEDULE (CPIAAP) FOR FY2003 January/February Preliminary Planning/Neighborhood/Agency Presentations January12 Publish Neighborhood/Agency Mtgs/FY2003 Request for Proposals February14 Proposals Due February20 Submit publication notice of Planning Commission/City Council Public Hearings on t~e Proposed FY2003 CP/AAP& Program Information, i.e., funds to be received, program income, activities to be undertaken and estimated amount of benefit to Iow/mod. income persons, to Caller-Times. February23 Publication of Planning Commission/City Council Public Hearings on the Proposed FY2003 CP/AAP March 7 Forward Materials to Planning Commission March 19 Planning Commission - Public Hearing on Proposed FY2003 CP/AAP (special meeting) March 26 Planning Commission - Adoption of Final Recommendation March 30 Publication - FY2003 CP/AAP Summary and notice of City Council Public Hearing March 31 Citizens Comment Period Starts May 2 End of Comment Period for FY2003 CP/AAP May 13 City Council Public Hearing - Proposed FY2003 CP/AAP (Staff & Plan. Comm. Recommendations) Projects and facilities adopted tentatively by Council. May 20 City Council Adoption - FY2003 CP/AAP May 22 Submit Final FY2003 CP/AAP Summary & Proposed Use to Caller-Times May 23 Publication of Final FY2003 CP/AAP Summary/Request for Release of Funds May 25 Notify Council of Governments (COG) of FY2003 CDBG Projects (Executive Order 12372 Requirement) June 13 Submit FY2003 CP/AAP to HUD (Due by June 16) ATTACHMENT "B" RESOLUTION - MARCH 22, 1994 021901* COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Through the Community Development Block Grant Program, the City Council provides for the development and preservation of a viable urban community, a suitable living environment, decant housing and expanded economic opportunities, principally for persons of Iow and moderate income, and aids in the prevention or elimination of slums and blight. The City cardes out its objectives by providing for appropriate streets and drainage, housing, recreational opportunities, neighborhood preservation, and revitalization, and economic development as needed. To ensure that these objectives are achieved, the following guidelines shall be as follows: No Community Development Block Grant Funds be authorized to applicant agencies for the support of operating expenses. No capital grants will be made without sufficient evidenca of the financial capacity of the applying agency to operate the program. Priority will be given to those applying agencies that make substantial new capital contributions to the project for which they are seeking funds. Housing shall be maintained as the top priority for the CDBG program as well as placing greater emphasis on public infrastructure (City) in CDBG eligible tracts. No individually funded CDBG project will be eligible for future CDBG funding for a minimum of two years from the date of its last funding. (This excludes projects which are specifically staged for several years of CDBG funding such as a street project which has its engineering funded one year and its construction the next.) * Adopting Policies and General Rules and Procedures of the City Council 12 AGENDA MEMORANDUM DATE: December 4, 2002 SUBJECT: Exceptional Drilling Permit AGENDA ITEM: Motion granting a permit to Sabco Operating Company to drill an oil or gas well located approximately six (6) miles seaward of the Corpus Christi Marina in Corpus Christi Bay, State Tract 53. ISSUE: The City Code of Ordinances, Section 35-86, requires City Council approval of drilling permit applications for exceptional well locations in the recreational area of Corpus Christi Bay designated as the "cluster area". 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, referred to as a "cluster area", to qualify 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 holes for the purpose of obtaining the only access to the geologic target. Section 35-56 allows the Council to grant permits for exceptional locations, outside the westerly comer, if it is needed to prevent confiscation of property. The Oil and Gas Ordinance was first enacted on October 13, 1971. The intent of the Ordinance was to protect the health, safety and welfare of the public without restricting the reasonable rights to the minerals. At that time exploration in our bay was substantial and the location of wells needed to be regulated and grouped in designated areas for safety as well as preserving the ascetic value of Corpus Christi Bay. Congestion ofoil and gas wells is not a problem at this time. Sabco Operating Company has paid the $1,500 permit application fee and is requesting an exceptional well location for the drilling of State Tract 53 #11. At the meeting on December 3, 2002, the Oil and Gas Advisory Committee recommended approval of the exceptional location. RECOMMENDATION: Staff recommends approval of the drilling permit application by Sabco Operating Company. Oil and Gas Well Division 13 (FOR ClTY SEC~TARY USE ONL]9 [ CITY COUNCIL AGENDA MEMORANDUM Date: December 3 2_~_~002 AGENDA ITEM: Resolution authorizing the City Manager or his designee to submit a grant application in the amount of$131,018 to the State of Texas, Office of the Governor, Criminal Justice Division for eligible fimding under the FY 2002 Juvenile Accountability Incentive Block Grants Program. Grant funds must be used to reduce juvenile delinquency, improve the juvenile justice system, and increase the accountability for juvenile offenders. ISSUE: The Governor's Criminal Justice Division is awarding Juvenile Accountability Incentive Block Grant funds to local units of government to promote greater accountability in the juvenile justice system. The grant is not competitive, the money has already been designated, and only an application is required. Funding: The funds must be used within 12 specific purpose areas in an effort to achieve the greatest impact to reducing juvenile delinquency and improving the juvenile tracking system. The grant funds may not exceed 90% of the total program and participation requires a 10% cash match of $13,102 to be provided fi.om the Municipal Court Administration Department. REQUIRED COUNCIL ACTION: City Council must approve submission of the grant application. RECOMMENDATION: Staffrecommends submitting the grant application. Rene R. Mendiola Director of Municipal Court .ADDITIONAL SUPPORT MATERIAl, Background Information AGENDA MEMORANDUM BACKGROUND INFORMATION Municipal Court applied and was awarded the grant funding requested. This year, Municipal court is again applying for this grant. The funds must be used within the 12 specific purpose areas in an effort to achieve the greatest impact on reducing juvenile delinquency, improve the juvenile justice system and increase the accountability of juvenile offenders. The maximum years of funding-there is no limit (based on availability). The deadline for application submission is December 16, 2002. This application is for year 5 of 5 of the Juvenile Accountability Incentive Block Grant. The City should receive these funds automatically by filing an application. As a Federal requirement of the funding, the City has established a Juvenile Crime Enforcement Coalition (JCEC) consisting of various representatives from the community. The Mayors Commission on Children and Youth meets the criteria established for the coalition. The proposed purposes to continue with a dedicated Juvenile Court, establish accountability standards and interagency sharing of information and improvements in the management of juvenile cases at Municipal Court meet the grant's criteria. Establishing the Municipal Juvenile court has been successful in providing the community the dedicated services to assist in addressing the Juvenile population. The dedicated services have allowed for better use of the various juvenile programs throughout the City. The funding has a distribution requirement of 45 and 35 percent minimums to be used in specific purpose areas; however, a waiver may be granted for the distribution requirement if the local unit of government can certify that the interest of public safety and juvenile crime control would be better served by expending the funds in a different proportion. The City is requesting such a waiver in order to use the majority amount to continue funding one prosecutor, one Deputy City Marshal, and the cost of the leased space. This is in addition to establishing and maintaining an interagency information program that enables prosecutors and Judges to make more informed decisions regarding the juveniles. Under this proposal, the funds will also be used to expand the interagency sharing of information between Municipal Court and the Juvenile Assessment Center. RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SUBMIT A GRANT APPLICATION IN TH E AMOUNT OF $131,018 TO THE STATE OF TEXAS, OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION, FOR FUNDING ELIGIBLE UNDER THE FY2002 JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANTS PROGRAM TO FUND A PROGRAM TO REDUCE JUVENILE DELINQUENCY, IMPROVE THE JUVENILE JUSTICE SYSTEM, AND INCREASE THE ACCOUNTABILITY FOR JUVENILE OFFENDERS NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or his designee to submit a grant application in the amount of $131,018 to the State of Texas, Office of the Governor, Criminal Justice Division for funding eligible under the FY 2002 Juvenile Accountability Incentive Block Grants Program. Grant funds must be used to reduce juvenile delinquency, improve the juvenile justice system, and increase the accountability for juvenile offenders. SECTION 2. The City of Corpus Christi will provide matching grant funds of $13,102. SECTION 3. In the event of the loss or misuse of these Criminal Justice Division funds, the City of Corpus Christi assures that the funds will be returned to the Criminal Justice Division in full. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Legal Form Approved ~ . O7 ,2002; James R. Bray, Jr., City Attorney Samuel L. Neal, Jr., Mayor Lisa Aguilar Assistant City Attorney 14 AGENDA MEMORANDUM December 10, 2002 SUBJECT: McArdle Road Street Imps. (#6146), Phase 3, Bond Issue 2000 Sale of Surplus Houses AGENDA ITEM: Ordinance approving the sale of surplus houses to be moved and authorizing the City Manager or his designee to execute an Earnest Money Contract and Bill of Sale for all surplus houses available to be sold by sealed bid in connection with the McArdle Road Street Improvement Project, Phase 3 (#6146), Bond Issue 2000, RFQ #C-6 and declaring an emergency. ISSUE: The McArdle Road Street Improvement project involves the widening of McArdle Road to 67 feet to accommodate two moving lanes in each direction and a center tum lane with new sidewalks and intersection ramps complying with ADA requirements. The project requires acquisition of sixteen residential properties along the south side of McArdle Road. To date, City staff has acquired fourteen of the sixteen residential properties. Of the sixteen properties, three have brick construction with concrete slabs and will be demolished. The remaining ten houses have pier and beam foundations and are capable of being sold and moved. As these surplus houses are being vacated by the residents and as time permits, City staff plans to sell them through sealed bids. Those houses not sold by the end of February 2003 will be demolished in order to clear the right of way. Staff has obtained bids and sold the first house located at 4901 Wexford Drive for $4,730. A list of the available houses is on the attached Exhibit C. This ordinance seeks authorization for the City Manager or his designee to execute an Earnest Money Contract and Bill of Sale for this property and any other houses that are able to be sold. REQUIRED COUNCIL ACTION: Passage of the ordinance as submitted. City Council approval is required in the sale of surplus city property. FUNDS: No funding required. RECOMMENDATION: Staff recommends the approval of,the ordinance as presented. P~:~I~- Angel R. Escobar, P. E. Director of Engineering Services Attachments: ExhibitA. Background Information Exhibit B.Council Exhibit Exhibit C.List of Surplus Houses \\ENGINEERING\DATAI\HOME\EUSEBIOG\GEN~Agenda Items\McArdle Rd. Imps.sale of imps~Agenda Memorandum.doc BACKGROUND INFORMATION SUBJECT: McArdle Road Street Imps. (#6146), Phase 3, Bond Issue 2000 Sale of Surplus Houses PRIOR COUNCIL ACTION: November 14, 2000 - Ordinance canvassing retums and declaring the results of the Special Election held on November 7, 2000, in the City of Corpus Christi for the adoption of seven propositions; adopting and levying a sales and use tax pursuant to Section 4A of the The Development Corporation Act as approved by the voters in Propositions 4 and 5. (Ordinance No. 024269) Mamh 27, 2001 - Motion authorizing the City Manager or his designee to execute an engineering services contract in the amount of $229,195 with Govind and Associates, Inc. for the Street Improvements at McArdle Road, Phase 3 from Everhart Road to Holmes Drive. (Motion No. M2001-124) February 26, 2002 - Motion authorizing the City Manager or his designee to execute a contract amendment granting permission for Govind E.C. to assume all the obligations and duties of engineering contracts between the City of Corpus Christi and Govind & Associates, Inc. (Motion No. M2002-059) Au.qust 20, 2002 - Motion authorizing the City Manager or his designee to execute Real Estate Sales Contracts with Jesse David Bebout,Jr. for Parcel 3, Irma Noemi Garcia for Parcel 4, Mary Pefia for Parcel 5, Benjamin De La Rosa and wife, Eunice De La Rosa for Parcel 6, Anita Carrol Frees-Foster for Parcel 7, Becky Fair for Parcel 13, Richard T. Lopinto and wife, Gwen F. Lopinto for Parcel 14, Juan Ledesma and wife, Dahlia Ledesma for Parcel 15, all necessary for the McArdle Road Street Improvement Project, Phase 3, (#6146), Bond Issue 2000, Project No. C-6, and for other municipal purposes. (Motion No. M2002-268) August 27, 2002 - Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract with Virginia Gonzalez in the amount of $ 58,000 plus $1,500 in closing costs and an additional amount not to exceed $22,500 for relocation assistance for Parcel 10, all necessary for the McArdle Road Street Improvement Project, Phase 3, (#6146), Bond Issue 2000, Project No. C-6, and for other municipal purposes. (Motion No. 2002-271) September 17, 2002 - Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract with Cheryl L. Flores in the amount of $ 56,000 plus $1,500 in closing costs and an additional amount not to exceed $5,250 for relocation assistance for Parcel 16 and with Hesiquio Rodriguez and wife Eva Maria Rodriguez in the amount of $82,000 plus $1,500 in closing costs and an additional I Exhibit A 1 of 2 amount not to exceed $22,500 for relocation assistance, all necessary for the McArdle Road Street Improvement Project, Phase 3, (#6146), Bond Issue 2000, Project No. C~6, and for other municipal purposes. (Motion No. 2002-212 & 2002- 213) September 24, 2002 - Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract with Adan Martinez and wife Maria Martinez in the amount of $ 62,000 plus $1,500 in closing costs and an additional amount not to exceed $22,500 for relocation assistance for Parcel 9 and with Eric Barnes and wife, Maria Barnes in the amount of $67,000 plus $1,500 in closing costs and an additional amount not to exceed $5,250 for tenant relocation assistance, all necessary for the McArdle Road Street Improvement Project, Phase 3, (#6146), Bond Issue 2000, Project No. C-6, and for other municipal purposes. (Motion No. 2002-324) November 12, 2002 - Motion authorizing the City Manager or his designee, to execute a Real Estate Sales Contract with Gus Montis, in the amount of $121,500 plus $1,500 in closing costs and an additional amount not to exceed $10,000 for relocation assistance to cover moving costs and incidental expenses in connection with a replacement business property, all for the purchase of fee simple property rights for Parcel 2, being all of Lot 12, Block 1, Mount Vernon Subdivision, with street address of 4902 Everhart Road, necessary for the McArdle Road Street Improvement Project, Phase 3 (#6146), Bond Issue 2000, Project No. C-6, and for other municipal purposes. (Motion No. 2002-373) November 19, 2002 - Public hearing and Ordinance authorizing Right of Way Easements out of Mount Vernon Park and Lions Park necessary for the McArdle Road Street Improvement Project, Phase 3 (#6146), Bond Issue 2000, Project No. C-6, and for other municipal purposes. (Ordinance No.025-113 and 025-114) FUTURE COUNCIL ACTION: Council will be required to: authorize the award of future construction contracts and amendments; and authorize the approval of any other parcels in the project where acquisition cost exceeds $25,000 H:\HOME~EUSEBIOG\GENV~genda Items\McArdle Rd. Imps.sale of imps\Background.doc Exhibit A 2 of 2 _~ McARDLE RD. S~. IMPS. PHASE 3 BOND 2000 PROJECT NO. C 6EXHIBIT B --"--"-- EVERIIART RD TO HOLMES DR CITY COUNCIL EXHIBIT Dept. of Engineering 8eryioes McArdle Road S~ee{ Improvements, Phase 3 Surplus Houses Available for Sale Parcel No, Addres~ Date to Vacat~ Avallablo to Soil R___~:.t 2 February 2, 2003 Yes Pier & beam foundation 3 4901 Wynona January 30, 2003 Yes Pier & beam foundation 4 4902 Wynona January 6, 2003 Yes Pier & beam foundation 5 4901 Willowbrook January 30, 2003 Yes Pier & beam foundation 6 4902 Willowbrook January 19, 2003 No Mold problem. 7 4901 Waltham March 8, 2003 Yes Pier & beam foundation 8 4902 Waltham In negotiation No Time will not permit. 9 4901 Prinston January 30, 2003 Yes Pier & beam foundation 10 4902 Prinston January 20, 2003 Yes Pier & beam foundation 11 4901 Lansdown March 3, 2003 Yes Pier & beam foundation 12 4902 Lansdown In negotiation No Time will not permit. 13 4901 Wexford Sold Sold Pier & beam foundation 1414902 Wexford January 30, 2003 Yes Pier & beam foundation 15 4901 Andover January 19, 2003 No Brick veneer, concrete foundation 16 4902 Andover Vacant No Brick veneer, concrete foundatio~'~ 17 4901 Holmes January 30, 2003 No Brick veneer, concrete foui ,du[ion EXHIBIT C ORDINANCE APPROVING THE SALE OF SURPLUS HOUSES TO BE MOVED AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN EARNEST MONEY CONTRACT AND BILL OF SALE FOR ALL SURPLUS HOUSES AVAILABLE TO BE SOLD BY SEALED BID IN CONNECTION WITH THE MCARDLE ROAD STREET IMPROVEMENT PROJECT, PHASE 3 (#6146), BOND ISSUE 2000, RFQ #C-6; AND DECLARING AN EMERGENCY. WHEREAS, the City has purchased several lots adjacent to McArdle Road in connection with Phase 3 of the Street Improvements Project; and WHEREAS, there has been an interest shown by prospective buyers to purchase some of the houses to be moved off the lots to make way for the expansion of McArdle Road; and WHEREAS, City staff intends to enter into negotiations and sell the houses by sealed bid prior to the start of construction of the McArdle Road expansion. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the sale of surplus houses is approved and the City Manager, or his designee, is authorized to execute an earnest money contract and bill of sale for all surplus houses available to be sold by sealed bid in connection with the McArdle Road Street Improvement Project, Phase 3. 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 I 0th day of December, 2002. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Samuel L. Neal, Jr., Mayor Legal form appro ed on ~, 2002; James R. Bray, Jr., City Attorney. By: Joseph ~ey, Assi~s t City Attomey 15 AGENDA MEMORANDUM PUBLIC HEARING -ZONING (City Council Action Date: December 10, 2002) Case No. 1102-01~ Braselton Land Ventures~ Inc.: A change of zoning from a "F-R" Farm-Rural District to a "R-lC" One-family Dwelling District on Flour Bluff and Encmal Farm and Garden Tracts, Section 19, being 27.896 acres out of Lots 13 and 14, located on the north side of Wooldsidge Road, approximately 1,650 feet east of Airline Road. Plannin~ Commission and Staff's Recommendation (11/06/02): Approval. Requested Council Action: Approval of a "R-lC" One-family Dwelling District and adoption of the at~ached ordinance. Purl~ose of Reauest: To develop a 166-1ot single-family subdivision. Summary: The applicant has requested a change of zoinng on the 27.896 acre land area f~om "F-R" Farm Rural District to "R-lC" One-family Dwelling Distzict, in order to develop a single-family residential subdivision with direct access to an arterial, Wooldridge Road. The applicant proposes to develop 166 single-family residences on lots ranging from 4,500 to 6,000 square feet. Typical homes will be designed as one and two stories. The development of single-family residences along Wooldridge Road is an extension of the newly developed residential properties to the east and across Wooldridge Road to the south. The property is served by the Mary Carroll Channel north of the property. The slope of the property tends to be flat and naturally drains to the south, away from the channel. Upon platting, the subject propezty may be required to provide additional drainage R.O.W. Additionally, the Transportation Plan indicates a collector to cross the northern area of the subject property. The Comprehensive Plan supports development of the subject property as low-density residential. Applicant's Position: The applicant concurs with planning Commission and Staff's recommendation. Notification: Prior to the date of this memorandum, fifty-five (55) notices were mailed to the property owners within a 200-foot radius, of which one (1) was returned in favor and none in opposition. This is a noncontroversial case. , A CP (/ Director of Planning MG/FGM/er Attachments: 1) Zoning Report Pages 2-14 2) Comments Received Page 15 3) Planning Commission Minutes Pages 16-17 4) Ordinance Pages 18-21 H 5P LN-D IR~ERMA\WO RD~AGENDMEM\ 1102-01AGENDAMEMO.DOC CITY COUNCIL ZONING REPORT Case No.: Planning Commission Hearing Date: Map No.: Applicant: Legal Description/Location: 1102-01 November 6, 2002 G16B Braselton Land Ventures, Inc. Flour Bluffand Encinal Farm and Garden Tracts, Section 19, being 27.896 acres out of Lots 13 and 14, located on the north side of Wooldridge Road, approximately 1,650 feet east of Airline Road. 27.896 acres Same as above. "F-R" Farm-Rural District "R- I C" One-family Dwelling District Farmland. To develop a 166 -lot single-family subdivision. Area of Request: Lot(s) Area: Current Zoning: Request: Current Use of Property: Purpose of Request: Zoning Change Requested Due to Notice of Violation: Ad|acent Zoning: Not applicable. North - (across drainage ditch) "R-lB" One-Family Dwelling District South - (across Wooldridge Road) "R-lB" One-family Dwelling District and "FR"/SP Farm-Rural District with a Special Permit East - "F-R" Farm Rural District and "R-lB" One-Family Dwelling District West - "R-1B" One-Family Dwelling District and "B-1" Neighborhood Business District Adjacent Land Use: North - Drainage ditch and single-family residences. South - (across Wooldridge Road) Hospital and undeveloped land. East - Church and single-family residences. West - Single-family residence, City lift station, and undeveloped land. Zoning Report Case No. 1102-01 (Braselton Land Ventures, Inc.) Page 2 Number of Residential Units Allowed: "F-R' - 5 units (1 unit per 5 acres) "R-lC"- 202 units (7.26 dwelling units per acre) Estimated Traffic Generation: Single-family residential (detached) - I0 average weekday vehicle trip ends per dwelling unit x 202 dwelling units = 2,020 average weekday vehicle trip ends. Single-family residential (detached) - 10 average weekday vehicle trip ends per dwelling unit x 166 dwelling units = 1,660 average weekday vehicle trip ends. Single-family residential (detached) - 10 average weekday vehicle trip ends per dwelling unit x 5 dwelling units = 50 average weekday vehicle trip ends. Adjacent Streets/Classification: a) Wooldridge Road - arterial Right-of-Way Design Current: a) 60-foot right-of-way with a 20-foot wide rural paved section. Planned: a) gO-foot fight-of-way with a 62-foot back-to-back paved section. February 2001 Traffic Count (24-hour~ weekday~ non-directional): a) None available. Zoning History, of Property: There has been no rezoning activity within the past five (5) years. Recent Surrounding Zoning Cases: In May 2002, 17.953 acres out of Lot 19, Section 19 south of the subject property was granted a change of zoning from "F-R" Farm-Rural District to "R-I B" One-family Dwelling District for the purpose of an 80-lot single-family subdivision. Zoning Report Case No. 1102-01 (Braselton Land Ventures, Inc.) Page 3 In March 2002, 7.5 acres of Lots 11 and a portion of Lot 12, located on the north side of Wooldridge Road and east of the subject property was granted a change of zoning from a "F-R" Farm-Rural District to a "R-lB" One-family Dwelling District for the purpose of a 54- lot single-family subdivision. In September 2000, 4.773 acres of a portion of Lot 12 located on Tracts 1 and 2 east of the subject property was granted a change of zoning from a "F-R" Farm-Rural District to a "R-lB" One-family Dwelling District for the purpose of a 21-1ot single-family subdivision. Zoning Inventory: The subject property is the last remaining undeveloped "F-R" District located on the north side of Wooldridge Road between Airline Road and Windsong Subdivision. North is a drainage ditch and a residential subdivision zoned with a "R-lB" District. A five and one-half acre tract of "F-R" District is located south and east of the subject property and is develop with a church. Further south, across Wooldridge Road is 20 acres used as a medical facility. To the west is 8.9 acres of "B-1" District property that is mostly undeveloped with the exception of a single-family residence. Additionally, a small "A-2" District west of the subject property is developed with the city lift station. Planning Staff Analysis: General Characteristics and Background: The applicant has requested a change of zoning on the 27.896 acre land area from "F-R" Farm Rural District to "R-lC" One-family Dwelling District, in order to develop a single-family residential subdivision with direct access to an arterial, Wooldridge Road. The applicant proposes to develop 166 single-family residences on lots ranging from 4,500 to 6,000 square feet. Typical homes will be designed as one and two stories. The development of single-family residences along Wooldridge Road is an extension of the newly developed residential properties to the east and across Wooldridge Road to the south. The property is served by the Mary Carroll Channel north of the property. The slope of the property tends to be flat and naturally drains to the south, away from the channel. Upon platting, the subject property may be required to provide additional drainage R.O.W. Additionally, the Transportation Plan indicates a collector to cross the northern area of the subject property. The Comprehensive Plan supports development of the subject property as low-density residential. Conformity to the Comprehensive Plan and Land Use Compatibility: Overall, the Comprehensive Plan Elements can be supportive of the requested "R-IC" District. The Southside Area Development Plan's adopted future land use map recommends the area to develop with low-density residential uses. As requested, the "R-lC" District is consistent with the Plan's recommended land use. Zoning Report Case No. 1102-01 (Braselton Land Ventures, Inc.) Page 4 Potential Homing Density: A "F-R" District permits a density of one dwelling unit for each five- (5) acres or five (5) units. The "R- 1C" District permits a density of 7.26 dwelling units per acre or 202 units. The proposed 166 lot subdivision is within the density limit of the "R- 1C" District. .Height/Bulk/Setbacks/Etc.: The are no setback requirements or building height limitations m the "F-R" District. The "R-lC" District requires a front yard setback of 20 feet with a side and rear yard setback of five (5) feet each. Buildings in the "R-lC" District are limited to a height of 26 feet not to exceed two (2) stories. Signage: The "F-R" District does not permit any signs unless to advertise products grown on the property. Signs in the "R-IC" District are limited to one wall sign not to exceed one square foot. Traffic: The proposed 166-1ot residential subdivision is estimated to generate approximately 1,660 dally vehicle trip ends. This traffic will access directly to an arterial, Wooldridge Road. The amount of traffic generated from the proposed subdivision and recently approved residential subdivision will continue until such time full improvements have been completed. P~_._~_~_g_g/Screenin~g: Residential development is required to provide 1.5 off-street parking spaces for each one bedroom dwelling unit or two (2) off-street parking spaces for each dwelling unit containing two (2) bedrooms or more. Compliance with the off-street parking regulations will be required during the permitting phase. A standard screening fence is not required for residential development. Costs to City: Development of the infrastructure within the proposed subdivision will be at the developer's expense. The improvement of Wooldridge Road to its ultimate pavement width may require City participation. Platting: The subject property is a portion of several lots and will require platting before a building permit may be issued. A preliminary subdivision layout has been submitted to Staff for review. pros: (Ideas in support of the request.) a) The requested "R-1C" District is consistent with the S outhside Area Development Plan's adopted future land use map. Cons: a) (Ideas in support of maintaining the current zoning.) None. Zoning Report Case No. 1102-01 (Braselton Land Ventures, Inc.) Page 5 Staff Recommendation: Approval. Attachments: Vicinity Map Zoning and Ownership Map Preliminary Subdivision Layout Ownership List H:~P LN -D IR\ERMA\WO RD~ZONRPTS\ 1102-01CCREPORT.DOC LOCATION MAP FOR Z1102-01 BASEMAP STTEMP 4 1:6000 22/1 0/02 A-I/SP/86-OI HOLLY A-2 HOSP I TAL TRACT Oct 29, 2002 - RP 50 CASE Zl102-01 lC - Property Owner in Favor X - Property Owner Opposed See Comments on Page(s) ------------_ Subject property Owners within 200 feet listed on attached ownership list q' Applicant: Braselton Land Ventures, Inc. 5337 Yorktown Blvd., Ste. 10D 78413 1 Z1102-01 006300010140 HUTCHINS MARGARET A/K/A GUADALUPE M HUTCHIN 2331 BIRMINGHAM CORPUS CHRISTI TX 78414 AIRLINE LT 14A BK A OWNERSHIP LIST CASE NO. 1102-01 Representative: David M. Underbrink, Sr., P. E. Naismith Engineering, Inc. 4501 Gollihar Rd. 78411 2 Z1102-01 006300010150 JARAMILLO O S 1442 YORKTOWN BLVD CORPUS CHRISTI TX 78418 AIRLINE LT 15A BK A 3 Z1102-01 006300010170 PAEZ NOE M 6542 LYONS CORPUS CHRISTI TX 78414 AIRLINE LT 17 BK A 3 Z1102-01 006300010180 PAEZ NOE M 6542 LYONS CORPUS CHRISTI TX 78414 AIRLINE LT 18 BK A 4 Z1102-01 006300020170 ALANIZ ELLEN 4852 CALHOUN CANYON LOOP AUSTIN TX 78735 AIRLINE LT 17 BK B 3 Z1102-01 006300020180 PAEZ NOE M 6542 LYONS CORPUS CHRISTI TX 78414 AIRLINE LT 18 BK B 3 Z1102-01 006300020190 PAEZ NOE M 6542 LYONS ST CORPUS CHRISTI TX 78414 AIRLINE LT 19 BK B 5 Z1102-01 006300020200 WOODSON HAROLD 1 JR 6606 CRESTRIDGE ST HOUSTON TX 77033 AIRLINE LT 20 BK B 6 Z1102-01 006300030160 PEREZ ALBERT P 3618 WATERLOO DRIVE CORPUS CHRISTI TX 78415 AIRLINE NO 2 LT 16 BLK C 7 Z1102-01 006300040150 GARZA ROLANDO ET LrX DIANA 6533 BIRMINGHAM STREET CORPUS CHRISTI TX 78414 AIRLINE NO 2 LT 15 BK D 7 Z1102-01 006300040160 GARZA ROLANDO ET UX DIANA 6533 BIRMINGHAM STREET CORPUS CHRISTI TX 78414 AIRLINE NO 2 LT 16 BK D 7 Z1102-01 006300040170 GARZA ROLANDO ET UX DIANA 6533 BIRMINGHAM STREET CORPUS CHRISTI TX 78414 AIRLINE NO 2 LT 17 BK D 8 Z1102-01 006300040180 UNDERWOOD SIDNEY 1553 BARCELONA CORPUS CHRISTI TX 78416 AIRLINE NO 2 LT 18 BK D 9 Z1102-01 006300040190 BUTLER RUBEN JR 3613 SW1SS DR CORPUS CHRISTI TX 78415 AIRLINE NO 2 LT 19 BK D 10 Z1102-01 006500010011 BIG STATE PROPERTIES LLC 11451 KATY FRWY 6TH FLOO HOUSTON TX 77079 AIRLINE 3 LT 1 BK 1, 2.84 ACRES 11 Z1102-01 006600010010 MECK DAVID H 52 TIEURON DRIVE AUSTIN TX 78738 AIRL1N~ 04 7.5802 ACS OUTLT 1 BLK I 12 Z1102-01 049700010010 PADRE BEHAVIORAL HEALTH SYSTEM INC 6229 WOOLRIDGE CORPUS CHRISTI TX 78414 BAY VIEW PSYCHIATRIC HOSPITAL TRACT LTI BLK I 12 Z1102-01 049700010020 PADRE BEHAVIORAL HEALTH SYSTEM INC 6229 WOOLRIDGE CORPUS CHRISTI TX 78414 BAY VIEW PSYCHIATRIC HOSPITAL TRACT LT 2 BLK 1 Ownership List Case No. 1102-01 (Braselton Land Ventures, Inc.) Page 2 13 Z1102-01 247600190120 AZALI ATA A AND TAYEBEH MOSTAGHASI 3546 PICADILLY CORPUS CHRISTI TX 78414 FLOUR BLUFF & ENC FRM GDN TRACT W5 ACS OUT OF LT 12 SEC 19 3 Z1102-01 247600190152 PAEZ NOE M 6542 LYONS ST CORPUS CHRISTI TX 78414 FLOUR BLUFF & ENC FRM GDN TRACT .615 AC OUT OF LT 15 SEC 19 14 Z1102-01 247600190190 B & EC PARTNERSHIP LTD 433 PASADENA CORPUS CHRISTI TX 78411 FLOUR BLUFF & ENC FRM GDN TRACT 27.316 ACS OUT OF E/2 LT 18 & 19 SEC 19 15 Z1102-01 350000020020 CASA 94, L. P. % HENDERSON INVESTORS 1 FINANCIAL PLAZA, 19TH F HARTFORD CT 06103 HOLLY OAKS S/D LT 2 BLK 2 16 Z1102-01 503600070010 WISHERT BEVERLY RAE W & LARRY 6805 MEADOWBREEZE PKWY CORPUS CHRISTI TX 78414 THE MEADOWS UNIT ! LT 1 BK 7 17 Z1102-01 503600070020 CARRANZA PAUL SR ET UX ORALIA P O BOX 3712 CORPUS CHRISTI TX 78463 THE MEADOWS UNIT 1 LT 2 BK 7 18 Z1102-01 503600070030 SALDANA, MARTIN JR ET LIX LOU 6733 MEADOWBREEZE PKWY CORPUS CHRISTI TX 78414 THE MEADOWS UNIT 1 LT 3 BK 7 19 Z1102-01 503600070040 ZARATE LUIS L ET UX SHERI L 6729 MEADOWBREEZE PKWY CORPUS CHRISTI TX 78414 THE MEADOWS UNIT I LT 4 BK 7 20 Z1102-01 503600070050 FOWLER SARAH M 6725 MEADOWBREEZE PKWY CORPUS CHRISTI TX 78412 THE MEADOWS UNIT I LT 5 BK 7 21 Z1 I02-01 503600070060 LEAL DIANA E 6721 MEADOWBREEZE CORPUS CHRISTI TX 78414 THE MEADOWS UNIT 1 LT 6 BK 7 22 Z1102-01 503600070070 GOULD TERRY Z 6717 MEADOWBREEZE PKWY CORPUS CHRISTI TX 78404 THE MEADOWS UNIT 1 LT 7 BK 7 23 Z1102-01 503600070080 TINOCO AMALIA ET VIR 5217 GKEENBRIAR DR CORPUS CHRISTI TX 78413 THE MEADOWS UNIT 1 LT 8 BK 7 24 Z1102-01 503600070090 GARCIA RICKEY ET LrX 6709 MEADOWBREEZE CORPUS CHRISTI TX 78414 THE MEADOWS UNIT I LT 9 BK 7 25 Z1102~01 503700070100 OVERMAN JAMES ANTHONY ET SABRINA L OVERMAN 6705 MEADOWBREEZE PARKWAY CORPUS CHRISTI TX 78414 THE MEADOWS UNIT 2 LT 10 BK 7 26 Z1102-01 503700070110 BARNES JERRY A 601 MEADOWBREEZE PKWY CORPUS CHRISTI TX 78414 THE MEADOWS UNIT 2 LT 11 BK 7 27 Z1102-01 503700070120 GONZALEZ, ABEL JR ET UX L 6633 MEADOWBREEZE CORPUS CHRISTI TX 78414 THE MEADOWS UNIT 2 LT 12 BK 7 28 Z1102-01 503700070130 AMADOR ROBERTO JR · 6629 MEADOWBREEZE PKWY CORPUS CHRISTI TX 78414 THE MEADOWS UNIT 2 LT 13 BK 7 29 Z1102-01 503700070140 RIVERS CAROL 505 GRANT PL CORPUS CHRISTI TX 78411 THE MEADOWS UNIT 2 LT 14 BK 7 Ownership List Case No. 1102-01 (Braselton Land Ventures, Inc.) Page 3 30 Z1102-01 503700070150 DOUGLASS LAURIE AND LEE S LOCHHEAD 6621 MEADOWBREEZE PKWY CORPUS CHRISTI TX 78414 THE MEADOWS UNIT 2 LT 15 BK 7 31 Z1102-01 503700070160 BROWN, HAROLD FRANKLIN ET BARBARA 6617 MEADOWBREEZE PKWY CORPUS CHRISTI TX 78414 THE MEADOWS UNIT 2 LT 16 BK 7 32 Z1102-01 503700070170 JENKINS ANN E 6613 MEADOWBREEZE PARKWAY CORPUS CHRISTI TX 78414 THE MEADOWS UNIT 2 LT 17 BK 7 33 Z1102-01 503700070180 CITY OF CORPUS CHR/STI PARK THE MEADOWS UNIT 2 LT 18 BK 7 34 Z1102-01 902300000010 VALADEZ FAMILY LIMITED PARTNERSHIP 4303 S PADRE ISLAND DRIVE CORPUS CHRISTI TX 78411 VILLA FLAMBEAU 4 AC 35 Z1102-01 960400090020 LATTER DAY SAINTS CHURCH 50 EAST NORTH TEMPLE SALT LAKE CITY, UTAH 84150 WHISPERING CREEK LT 2 BK 9 36 Z1102-01 976200020230 GOBAR ROBERT JOHN ETUX ELSA G GOBAR 6805 ROSELAND DRIVE CORPUS CHRISTI TX 78414 WINDSONG UNIT gl LT 23 BK 2 37 Z1102-01 976200020240 BRYANT PAUL FREDERICK AND KAY E BRYANT WFE 6801 ROSELANT) DRIVE CORPUS CHRISTI TX 78414 WINDSONG UNIT gl LT 24 BK 2 38 Z1102-01 976200020250 SMYRAK MICHAEL A ET UX FR 2325 ROSELAND DR CORPUS CHRISTI TX 78414 WINDSONG UNIT #1 LT 25 BK 2 39 Z1102-01 976200020260 HARPER A M JR ET UX PATSY 2321 ROSELAND CORPUS CHRISTI TX 78414 WINDSONG UNIT #1 LT 26 BK 2 40 Z1102-01 976200020270 STELTZER DONALD G ETUX GINGER 2317 ROSELAND DR CORPUS CHRISTI TX 78414 WINDSONG UNIT gl LT 27 BK 2 41 Z1102-01 976200040010 LOPEZ ALFRED ET UX 6802 ROSELAND DR CORPUS CHRISTI TX 78414 WINDSONG UNIT gl LT 1 BK 4 42 Z1102-01 976200040160 WILMOT GEORGE R ETUX FELIPA L 2302 ROSELAND DR CORPUS CHRISTI TX 78414 WINDSONG UNIT gl LT 16 BK 4 43 Z1102-01 976200040170 STOCKSTI1,L WILLIAM JOHN & DERINDA KAY SCANLAN 2306 ROSELAND DRIVE CORPUS CHRISTI TX 78414 WlNDSONG UNIT gl LT 17 BK 4 44 Z1102-01 976200040180 WALKER DEBORAH ANN 13407 FROSTDALE DR LEANDER TX 78641 WINDSONG UNIT #1 LT 18 BK 4 45 Z1102-01 976200050010 LOPEZ VALENTIN AND RUBY REYES LOPEZ WFE 2309 ROSELAND ~ CORPUS CHRISTI TX 78414 WINDSONG UNIT gl LT 1 BK 5 46 Z1102-01 976200050020 DINN THOMAS AND VICTORIA L DINN WIFE 2305 ROSELAND DRIVE CORPUS CHRISTI TX 78414 WINDSONG UNIT #1 LT 2 BK 5 47 Z1102-01 976200050030 GREEN DAVID A ET UX CARRI 2301 ROSELAND DR CORPUS CHRISTI TX 78414 WlNDSONG UNIT #1 LT 3 BK 5 Ownersl~p List C~se No. 1102-01 (Braselton Land Ventures, Inc.) Pa~e 4 48 Z1102-01 976200050040 BOVE FRANK J ET IIX 6802 HOLIDAY CORPUS CHRISTI TX 78414 WINDSONG UNIT #1 LT 4 BK 5 49 Z1102-01 976200050050 BRASHEAR JUDY L 6806 HOLIDAY LANE CORPUS CHRISTI TX 78414 WINDSONG UNIT #1 LT 5 BK 5 5O Z1102-01 976200050060 LEE CHARLES C & PAMELA K HEISSER 6810 HOLIDAY LANE CORPUS CHRISTI TX 78414 WINDSONG UNIT #1 LT 6 BK 5 51 Z1102-01 977300050240 BRACE ROBERT W ET UX CHER 6811 MEADOWBREEZE PARKWAY CORPUS CHRISTI TX 78414 WINDSONG IV LT 24 BLK 5 52 Z1102-01 977300050250 WILLIAMS JOHN A ET UX KELLIE L. WILLIAMS 6809 MEADOWBREEZE PKWY CORPUS CHRISTI TX 78414 WINDSONG IV LT 25 BLK 5 53 Z1102-01 977300050260 GONZALEZ RENE J ET UX GRACIE G 6807 MEADOWBREEZE PKWY CORPUS CHRISTI TX 78414 W1NDSONG IV LT 26 BLK 5 31 Z1102-01 TEXAS DEPT. OF TRANSPORTATION 1701 S. PADRE ISLAND DR. CORPUS CHRISTI, TEXAS 78416 SP Z1102-01 247600190130 ROGERS GRAFORD JR 529 SHERIDAN CORPUS CHRISTI TX 78412 FLOUR BLUFF & ENC FRM GDN TRACT 29.05 ACS OUT OF LTS 13 & 14 SEC 19 COMMENTS RECEIVED FROM NOTICES MAILED Case No. 1102-01 Braselton Land Ventures, Inc. · - FAVOR X - OPPOSED (Note: The listed numbers correspond to the attached map.) Notices returned from witkin the 200-foot notification area: Favor: 6) Albert P. Perez, 3618 Waterloo No written comment. Opposition: None. Responses received fi.om outside the 200-foot notification area: Favor: None. Opposition: None. II, Responses received from owners/applicants of subject area: Favor: None. Opposition: None. H:~PLN-DIR~ERMA\WORD\COMMDATA\I 102-01 COMMENTS.DOC Planning Commission Minutes November 6, 2002 Braselton Land Ventures, Inc.: 1102-01 REQUEST: "F-R" Farm-Rural District to "R-lC" One-Family Dwelling District on property described as Flour Bluff and Encinal Farm and Garden Tracts, Section 19, being 27.896 acres out of Lots 13 and 14, and located on the north side of Wooldridge Road, approximately 1,650 feet east of Airline Road. Mr. Saldafia presented a computerized slide illustration of the subject property and the surrounding area. The subject property is the last remaining undeveloped "F-R" District located on the north side of Wooldridge Road between Airline Road and Windsong Subdivision. North is a drainage ditch and a residential subdivision zoned with a "R-lB" District. A five and one- half acre tract of "F-R" District is located south and east of the subject property and is develop with a church. Further south, across Wooldridge Road is 20 acres used as a medical facility. To the west is 8.9 acres of"B-l" District property that is mostly undeveloped with the exception of a single-family residence. Additionally, a small "A-2" District west of the subject property is developed with the city lift station. The applicant has requested a change of zoning on the 27.896 acre land area from "F-R" Farm Rural District to "R-lC" One-family Dwelling District, in order to develop a single-family residential subdivision with direct access to an arterial, Wooldridge Road. The applicant proposes to develop 166 single-family residences on lots ranging from 4,500 to 6,000 square feet. Typical homes will be designed as one and two stories. The development of single-family residences along Wooldridge Road is an extension of the newly developed residential properties to the east and across Wooldridge Road to the south. The property is served by the Mary Carroll Channel north of the property. The slope of the property tends to be flat and naturally drains to the south, away from the channel. Upon platting, the subject property may be required to provide additional drainage R.O.W. Additionally, the Transportation Plan indicates a collector to cross the northern area of the subject property. The Comprehensive Plan supports development of the subject property as low- density residential. Mr. Saldafia presented a future land use map from the Southside Area Development Plan which recommends the area to develop with low-density residential uses. As requested, the "R-lC" District is consistent with the Plan's recommended land use. Staff recommends approval of the rezoning request. There were 55 notices mailed to property owners within a 200-foot radius of which one (1) was retumed in favor and none were returned in opposition. Chairman Berlanga opened the public h~earing. No one appeared in favor or opposition. Public hearing was closed. Chairman Berlanga asked what Wooldridge Road was going to be developed as, to which Mr. Saldafia said that it would be a four-lane arterial. Planning Commission Minutes November 6, 2002 Case No. 1102-01 (Braselton Land Ventures, Inc.) Page 2 In response to Vice Chair Mims' question regarding access to the subdivision, Mr. Saldaiia stated that there would eventually be three (3) access points. Commissioner Pusley commented that the subdivision would be exiting through the Airline Road subdivision and Windsong East and that the only exit to major arterial was Wooldridge Road. Mr. Saldafia stated that a timeline for improvement of Wooldridge has not been established. Commissioner Pusley questioned whether Staff had any additional traffic concerns. Mr. Gunning stated that he needed to verify the information regarding improvements to Wooldridge Road. Motion by Salazar, seconded by Stone, to forward a recommendation for approval of the zoning. Motion passed with Richter, Smith, and Zamora being absent. Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY BRASELTON LAND VENTURES, INC. BY CHANGING THE ZONING MAP IN REFERENCE TO 27.896 ACRES AND .44 ACRES OUT OF LOTS 13 AND 14, SECTION 19, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, FROM "F-R" FARM-RURAL DWELLING DISTRICT TO "R-lC" ONE-FAMILY DWELLING DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has fonNarded to the City Council its reports and recommendations concerning the application of Braselton Land Ventures, Inc. for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, November 6, 2002, during a meeting of the Planning Commission, and on Tuesday, December 10, 2002, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on 27.896 acres and .44 acres out of Lots 13 and 14, Section 19, Flour Bluff and Encinal Farm and Garden Tracts, located on the north side of Wooldridge Road, approximately 1,650 feet east of Airline Road, from "F-R" Farm- Rural District to "R-lC' One-Family Dwelling District. The 27.896 acres is described by metes and bounds on the attached Exhibit A. The .44 acres is described by metes and bounds on the attached Exhibits B and C. SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section I of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1973, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. \\LEGAL~J~'W~LEG-DIR~DoyleDC urtis~lVlYDOCS~2002~P&ZORD02~Zoning.ord\DOYLEC~2002~-110201A. Braseltn.Ord.App.&PC,doc Page 2 of 3 SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 10th day of December, 2002. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor, The City of Corpus Christi APPROVED AS TO LEGAL FORM 4 December, 2002 James R. Bray, Jr. CityA~,~'l'~ey ~ ~ ! _ Senior Assistant City Attorney \\LEGAL~-Aw~EG-D~R~D~y~eD~urtis~N~YD~cS~2~2~P&Z~RD~2~Z~ning~rd~D~YLEC~2~2~Z110201A.Braseltn. Ord.App.&PC.doc Page 3 of 3 Corpus Christi, Texas __day of ,2002 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I/we, therefore, request that you suspend 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, Samuel L Neal, Jr, Mayor, The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Coimenero Henry Garrett William Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scoff ~LEGAL\LAW~-EG-D~R~3~y~eD~u~tis~v1YD~cS~2`~P&Z~RD~2~Z~ning~rd\D~YLE~2~2~Z11020 tA. Braselt n. Ord.App.&PC.doc LEGAL DESCRIPTION 27.896 ACRE TRACT OF LAND NUECES COUNTY, TEXAS BEENG a tract or parcel of land situated in the City of Corpus Christi, Nueces County, Texas, and being part of that tract of hnd described by Warranty Deed recorded in Volume 1590, Pages 530- 532 of the Deed Records of Nueees County, Texas, and being part of Lots 13 and 14, Section 19 of the Flour Bluff& Eneinal Farm & Garden Tracts, as shown on map recorded in Volume A, Pages 41-43, Map Records of Nueees County, Texas, and being more particularly described as follows; Commencing at a 1/2" iron pipe found in the east line of said Lot 13, for the southeast comer of Lot 2, Block 9, Whispering Creek Addition, an addition to the City of Corpus Christi, Texas according to the map recorded in Volume 45, Page 112, Plat Records of Nueces County, Texas; Thence South 29004'38'' West with the east line of said Lot 13, for a distance of 30.00 feet to a point in the centerline of Wooldridge Road; Thence North 60°56'00" West with the centerline of said Wooldridge Road, a distance of 410.00 feet to a cotton spindle set for the POINT OF BEGINNING, from which a 5/8" iron rod found for the southwest comer ora called 6.00 acre tract conveyed to Corporation of the presiding Bishop of the Church of Jesus Christ of the Latter-Day Saints, a Utah Corporation Sole, recorded in Volume 1485, Pages 331-333 of the Deed Records of Nueces County, Texas, bears North 29°04'20'' East, a distance of 30.00 feet; TIt~NCE North 60056'00'' West continuing along the centerline of said Wooldridge Road, a distance of411.27 feet to a cotton spindle set for comer; TItENCE North 29°02'20'' East, at 30.00 feet pass a 5/8" iron rod with a red plastic cap stamped '*Naismith Eng. C.C., Tx." set (hereinafter called 5/8" iron rod set) at the southeast comer of a 4.00 acre tract of land described in Document No. 1998047123 of the Official Records of Nueces County, Texas, and continuing with the east line of said 4.00 acre tract, for a total distance of 378.48 feet to a 5/8" iron rod found at the northeast comer of said 4.00 acre tract; THENCE North 60057'20'' West, along the north line of said 4.00 acre tract, a distance of 500.20 feet to a 5/8" iron rod set in the west line of said Lot 14 and the east line of Lot 15, Section 19 of the Flour Bluffand Encinal Farm and Garden Tracts, and in the east line of an 8.33 acre tract of land described in Documem No. 963581 of the Official Records of Nueces County, Texas; THENCE North 29001'52'' East, along the west line of said Lot 14, the east line of said Lot 15, and the east line of said 8.33 acre tract and passing the northeast comer of said 8.33 acre tract at a distance of 157.15 feet and continuing for a total distance of 375.61 feet to a 5/8" iron rod set in the existing south line of LOt 18, Block "A" of Airline Subdivision, (as monumented on the ground) an addition to the City of Corpus Christi as shown on map recorded in Volume 12, Page 18 of the Map Records of Nueces County, Texas; THENCE South 61°18'01'' East, along the south line of said Lot 18, a distance of 10.93 feet to a 5/8" iron rod found at the southeast comer of said Lot 18; EXHIBIT A THENCE North 28044'23'' East, along the east line of said Lot 18, a distance of 166.08 feet to a 5/8" iron rod found at the northeast comer of said Lot 18, and in the south line of Lyons Street (60 foot right-of-way); THENCE North 29016'09'' East, crossing said Lyons Street, a distance of 59.75 feet to a 5/8" iron rod set in the north line of said Lyons Street, and at the southeast comer of Lot 20, Block "B" of said Airline Subdivision; THENCE North 28044'23'' East, along the east line of said Lot 20, a distance of 166.35 feet to a 5/8" iron rod set at the northeast comer of said Lot 20; THENCE North 61° 18'01" West, along the north line of said Lot 20, a distance of 9.49 feet to a 5/8" iron md set in the west line of said Lot 14 and the east line of Lot 15, Section 19 of said Flour Bluff and Encinal Farm and Garden Tracts; THENCE North 29°01 '52" East, along the west line of said Lot 14, the east line of said Lot 15, and the east line cfa 0.615 acre tract of land described in Document No. 1998024694 of the Official Records of Nueces County, Texas, a distance of 125.53 feet to a 5/8" iron rod set at the southwest comer of a tract of land conveyed to the City of Corpus Christi for a Drainage Ditch, descn~bed in Volume 2145, Page 202 of the Deed Records of Nueces County, Texas; THENCE South 61000'00'' East, along the south line of said City of Corpus Christi tract, a distance of 1322.42 feet to a 5/8" iron rod set in the west line of Windsong Unit I, an addition to the City of Corpus Christi, Texas, according to the map recorded in Volume 49, Pages 140-141 of the Plat Records of Nueces County, Texas; THENCE South 29o04'38'' West, along the west line of said Windsong Unit I, a distance of 606.06 feet to a 5/8" iron rod set at the northeast comer of said Lot 2, Block 9, Whispering Creek, same being the northeast comer of said 6.00 acre church tract; THENCE North 60053'20'' West, departing the west line of said Windsong Unit I, and along the north line of said Lot 2 and said 6.00 acre tract, and passing the northwest comer of said Lot 2 at a distance of 380.00 feet, and continuing a total distance of 410.03 feet to a 5/8" iron rod found at the northwest comer of said 6.00 acre tract; THENCE South 29004'20'' West, along the west line of said 6.00 acre tract, at 637.43 feet pass a 5/8" iron rod found at the southwest comer of said 6.00 acre tract, and in the north line of said Wooldridge Road and continuing for a total distance of 667.43 feet to the POINT OF BEGINNING and containing 1,215,153 square feet or 27.896 acres of land, more or less. Note: Bearings are based on the south line of The Meadows, Unit 2 as shown on map recorded in Volurae 45, Page 244, Map Records of Nueces County, Texas. C:XLmLDwg~ 8 5 BIt ouud~t LEGAL DESCRIPTION 0.14 ACRE TRACT OF LAND NUEC~5 COUNTY, TEXAS BEING a tract or parcel of land situated in the City of Corptts Christi, Nueces County, Texas, and being part of a 6.00 acre tract of land der,~bed by Warranty Deed recorded in Volume 1485, Pages 331-333 of the Deed Records of Nueces County, T~xas, and being part of Lot 13, Section 19 of the Flour Bluff& Encinai Farm & Garden Tracts, as shown on map recorded in Volume A, Pages 41- 43, Map Records of Nueces County, Texas, and being more particularly described as follows; BEGINNING at a 5/8" iron rod found for the southwest comer of said 6.00 wee tract, same point being in the north right-of-way line of Wooldridge Road (60 foot fight-of-way); THENCE North 29004'20" East departing said Wooldridge Road and along the west Nne of said 6.00 acre tract, a distance of 637.43 feet to a 5/8" iron rod found for the northwest comer of said 6.00 acre tract; THENCE South 60°53'20" East along the north line of said 6.00 acre tract, a distance of 30.00 feet to the northwest comer of Lot 2, Block 9, Whispering Ceeek Addition, an :addition to the City of Corpus Christi, Texas according to the map n:cord~d in Volume 45, Page 112, Plat Records of Nueces County, Texas; THENCE South 29°04'20" West along the west line of said Lot 2, Block 9, Whispel'ing Creek Addition, a distance of 627.41 feet to a point for corner at the beginning of a curve to the lef~ having a central angle of 90°00'20'', a radius of 10.00 feet and a chord bearing and distance of South 15°55'50" East, a distance of 14.14 feet; THENCE, in a southeastcrly direction with said curve to the left, an arc distance of 15.7 ! feet to a point for comer in the south line of said 6.00 acre tract, same point being in the south line of said Lot 2, Block 9, Whispering Creek Addition, same point b~ing in the north right-of-way line of said Wooldridge Road; THENCE North 60056'00" West along the south line of said 6.00 acre tract, and thc north right-of- way line of said Wooldridge Road, a distance of 40.00 feet to the POINT OF BEGINNING and containing ! 9,144 square feet or 0.44 a~res of land, more or less. Note: Bearings are based on the south line of The Meadows, Unit 2 as shown on map t~corded in Volume 45, Page 244, Map Records of Nueaea County, Texas. ~ 20' Rand Easement Volume A, Page 43 H.IL, N_C.T. EXHIBIT ~ FOu~ U8' S60'S3'20'E 2S BUILDING -- UNE SECTION 19 LOT., 1 3 Braselton Land Ventures, Inc. Z 21.896 Acres 0.44 ACRES 19,1~~. SQUARE FEET POINT OF BEGINNING Found 5/8" Iron ~ SW. Car. 6.00 A~ Tr. Lot 2, Block 9 VVh~n~ Cr~.k Volume 45, Pa&e I ! 2 M.IL, N.CT. La~er-Day Saints Church 6.00 Acre~ Volume 1485, Pa~e 331 D.IL, N.C.T. EX~I1NG COl,lC. CURB I 0.00' 5.7 I' EXISTING ~' CP.&L EASI~IEI4T =90o00'20" vCR. ,45, m. 112 CB=5i5°55'50''E .,. PLR., N.C..'T'X- CH:~.~J~' .,/2s'_~u,_.m~_~ u~ ~ WOOLDRIDGE ROAD Overhead Elect~c Une NOTE: 1) Bearings hosed on the south line of THE MEADOWS, UNIT 2 as shown on mop reoorded in Volume 45, Page 244, Mop Records of Nueees County, Texa~, 16 CITY COUNCIL AGENDA MEMORANDUM December 5, 2003 AGENDA ITEM: A. Public Hearing to hear citizens comments regarding proposed amendments to the Zoning Ordinance, Article 24. First Reading Ordinance - Amending the Zoning Ordinance by amending Article 24. Height, Area & Bulk requirements by adding a category for one family dwelling on Padre and Mustang Barrier Islands in an "AT" Apartment Tourist District; by including in this category the following minimum requirements: 20 ft front yard, 5 ft side & rear yards, 25% yard open space, 5,000 sq ft lot, and 50 ft lot width; and maximum requirements: none for height, 43,560 sq ft floor area per acre of lot area, 1.0 floor area factor, and 8.72 units per acre; providing for severance; and providing for publication. Planning Commission and Staff's Recommendation (11/20/02): Approval. Planning Commission included a caveat making the Mustang Padre Island Plan review a high priority. A key element of the plan should be focused on preserving the natural features of the barrier islands. REQUESTED COUNCIL ACTION: Approval of an amendment to Article 24 of the Zoning Ordinance to provide the following revisions to the Height, Area and Bulk Requirements of the "AT" Apartment-Tourist District for one family residential lots and applicable only on Mustang and Padre Barrier Islands: 1. Reduce the minimum lot size from 10,000 square feet to 5,000 square feet; 2. Reduce the minimum lot width from 85 feet to 50 feet; 3. Reduce the minimum side and rear yard setbacks from 10 feet to 5 feet; and 4. Add Note 4 to the Notes at the end of Article 24 and reference this note in the 5,000 square feet reduction: Note 4: Lot 11 (4,942.77 sq. ft.) and Lot 27 (4,988.27 sq. ft.), BIk 1, La Concha Estates, platted before annexation proceedings began, are grandfathered for 1 family dwelling pursuant to §§ 43.002 and 245.002 Tx. Loc. Gov. Code. PREVIOUS COUNCIL ACTION: Effective December 31,2001, annexation and zoning of land and water areas on Mustang and Padre Islands, and more specifically located seaward of Park Road 22 and State Highway 361. City Council Agenda Memorandum "AT" Apartment-Tourist District Amendments December 5, 2002 Page 2 BACKGROUND: The 2001 annexation and zoning of Mustang Island created several unforeseen problems with several one family lots in five existing single-family residential subdivisions. These problems relate to undeveloped lots having to meet development standards for one family development that are higher than found in the City's other residential zoning districts and higher than Port Aransas requirements for one family development. In 2001, barrier island areas next to the Gulf of Mexico were zoned for "AT" Apartment- Tourist Zoning District, which provides for the highest density residential development but also permits one family development. The one family developments in an "AT" District are required to meet high-density condominium development standards for minimum lot size, lot width and, side and rear yard setbacks. The minimum "AT" requirements are: · Lot size of 10,000 square feet; · Lot width of 85 feet; and · Side and rear yard widths of 10 feet. The table below indicates existing subdivisions and lots that do not meet the minimum "AT" District requirements. Existing Subdivisions Located East of State Highway 361 on Mustang Island Subdivision Lot Sizes Recording Date La Concha Estates 13 Lots less than 6,000 sq. ft. (1 is 4,988 sq. ft April 23, 2002 and 1 is 4,942 sq. ft.) 46 Lots less than 10, 000 sq. ft. (Nearly all lots < 85 ft. wide) Mariner's Watch 15 Lots less than 10,000 sq. ft. (lots < 85' wide) July 30, 1996 one house constructed The Palms at 3 Lots less than 10,000 sq. ft. (lots < 85' wide) Not Recorded Waters Edge Beach View 30 Lots less than 10,000 sq. ft. (lots < 85' wide) 3ra Extension by PC Estates on 10/09/02 to 4/09/03 Sunrise Shores All Lots greater than 10,000 sq. ft. February 17, 1981 Substandard lot widths of 65' thru 78' The proposed changes to the "AT" District will allow the existing and future undeveloped lots to be constructed with one family homes and five foot side and rear yard setbacks consistent with other residential district setback standards. In addition, a reduction of lot H:~PLN-DIRXSHARED\WORD\Comprehensive Planning~ZONING~AT Text Amendments\12-10-02 City Council Public Hearing.doc City Council Agenda Memorandum "AT" Apartment-Tourist District Amendments December 5, 2002 Page 3 size for one family to 5,000 square feet and a reduction of lot width to 50 feet will make Corpus Christi zoning requirements competitive with Port Aransas standards for one family barrier island development. The proposed amendments will not affect "AT" Apartment Tourist two family or higher density development requirements. M~~~ng Attachments 1) Planning Commission Minutes 2) Ordinance H:~PLN-DIR\SHARED\WORD\Comprehensive Planning~ZONINGXAT Text Amendments\12-10-02 Ciiy Council Public Hearing.doc City Council Agenda Memorandum "AT" Apartment-Tourist District Amendments December 5, 2002 Page 4 Attachment 1: Excerpt from Planning Commission Minutes November 20, 2002 "AT" APARTMENT-TOURIST DISTRICT ZONING TEXT AMENDMENT - Public Hearing Mr. Gunning informed the Commission that when the City annexed property on Mustang Island in 1999 and 2001, there were several subdivisions that had been previously platted to be developed with single family residences. Staff recommended the zoning be "AT" Apartment Tourist District which allows a single- family use; however, the proposed subdivisions were impacted by the "AT" District 1 O-foot side and rear yard setback requirements. The proposed amendment also reduces the minimum lot size for the barrier island to 5,000 square foot with a 5-foot rear and side yard setbacks. Mr. Gunning added that land owners and developers were concerned that in order to be competitive with developments in Port Aransas, the minimum lot size needed to be reduced to 5,000 square feet or less, consistent with their regulations. In meetings with the developers, it was presumed that the annexed property and use would be grandfathered. However, the City allows recently advised that only the plat, the front yard setback, and the lot size and width are grandfathered as shown on the approved plat. Side and rear yard setbacks are not depicted on plats; and therefore, subject to the zoning in this case, the "AT" District requirement for 10~foot side and rear setbacks. The text amendment to the mAT" District would allow developers to proceed with their projects and plat owners to obtain single-family building permit. Mr. Doyle Curtis, Sr. Assistant City Attomey, emphasized that the proposed amendments would affect only properties zoned an "AT" District for single-family residential development on a barrier island. Public hearing was opened. Jim Urban, 2725 Swantner, responded Commissioner Amsler's question regarding utility location by stating that utility location is under the street and not in the rear setback. Commissioner Amsler expressed concern with the unlimited height restriction and side yard setback. He stated that there would not be any open space if buildings could be developed as row- type homes. Mr. Urban asked for information regarding the lot width in relation to a cul-de-sac. Mr. Gunning stated that the lot width is defined as an average of the width between the building line and the front property line. Commissioner Amsler asked about open space in relation to the beach area for the district. Mr. Urban explained that lots backing up to the beach have 50 feet that extends in the Gulf of Mexico, and 200 feet along to the beach for public access, and 300 to 500 feet of critical dune area. H:\PLN-DIR~SHARED\WORD\Comprehensive PlanningXZONINGXAT Text Amendments\12-104)2 City Council Public Hearing.doc City Council Agenda Memorandum "AT" Apartment-Tourist District Amendments December 5, 2002 Page 5 These areas are non-accessible. Mr. Urban explained that there is a requirement for park dedication and also wetland areas need to be preserved. Public hearing closed. Commissioner Pusley expressed concern with creating amendments for a few subdivisions. Mr. Curtis explained that the developers requested the amendment for the entire Island as opposed to certain subdivisions. Motion by Pusley, seconded by Zamora, to reopen the public hearing. Motion passed with Beflanga and Mims being absent. Jim Urban, 2725 Swantner, stated that the land area on Mustang Island is equally split between the City o f Corpus Christi and Port Aransas. It has been his experience that only 10 projects have been completed in five (5) years. He said that the lots being sold are approximately 5,000 square feet and added that the proposed amendments would alleviate problems arising from being unable to develop the property with single family residences. Commissioner Richter agreed with trying to alleviate the current problem, but not to applying the proposed zoning to the entire Island. She suggested creating a separate zoning that would be applicable to the area, save the environment, and provide developable land. With respect to the park dedication, Commissioner Richter suggested that the beach not be included in the calculation and calculations should be amended to allow for preservation of an open space area. Public hearing was closed. Motion by Smith, seconded by Zamora, to accept the amendments as submitted and include a caveat that Council make it a high priority that Staff review the Mustang/Padre Island Plan with respect to preserving and protecting our natural state of the barrier island within 12 months. Motion passed with Berlanga and Mims being absent. H 5PLN-DIR\SHAR ED\WORD\Comprehensive Planning~ZONINGXAT Text Amendments\12-104)2 Cit~ Council Public Hearing,do~ Page 1 of 5 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING ARTICLE 24. HEIGHT, AREA & BULK REQUIREMENTS BY ADDING A CATEGORY FOR ONE FAMILY DWELLING ON PADRE AND MUSTANG BARRIER ISLANDS IN AN "AT" APARTMENT TOURIST DISTRICT; BY INCLUDING IN THIS CATEGORY THE FOLLOWING MINIMUM REQUIREMENTS: 20 ff FRONT YARD, 5 ft SIDE & REAR YARDS, 25% YARD OPEN SPACE, 5,000 sq ft LOT, AND 50 ft LOT WIDTH; AND MAXIMUM REQUIREMENTS: NONE FOR HEIGHT, 43,560 sq ft FLOOR AREA PER ACRE OF LOT AREA, 1.0 FLOOR AREA FACTOR, AND 8.72 UNITS PER ACRE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the amendment of the Zoning Ordinance of the City of Corpus Christi; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, November 20, 2002, during a meeting of the Planning Commission, and on Tuesday, December 10, 2002, and on Tuesday, December 17, 2002, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by revising Section 24-1 by: (1) inserting a category with separate requirements for One Family Dwelling on Padre and Mustang Barrier Islands as the first level of the row for "AT" Apartment Tourist District in the chart so that there will be four levels of requirements for "AT" Apartment Tourist; and by changing the words "1 & 2 family" to "all other 1 family and all 2 family" in the second level; (2) deleting the "*" (asterisk), "**" (2 asterisks), and "***" (3 asterisks) symbols used in the chart to designate notes "*", "**", and "***" shown immediately after the chart as the last part of Article 24; (3) replacing the "*", "**", and "***" symbols in the chart with "See Note 1", "See Note 2", and "See Note 3", respectively; ~\LEGAL~LAW~LEG- DIR\DoyleDCurtis\MYDOCS~2002\P&ZORD02~Zoning ord\DOYLEC~2002\l 11502 Rev. Art24.ATDist 1 Family,PadreMustang. Barrier. lsland.Orddoc Page 2 of 5 (4) replacing the "*", "**", and "***" symbols in the notes immediately following the chart with "Note 1 :", "Note 2:", and "Note 3:", respectively; (5) adding "See Note 4" after the "5000" (square feet) entry under the "Minimum Lot Area in Sq. Feet (Acres)' column in the "Padre or Mustang Barrier Island 1 family dwelling" category of the' "AT"Apartment Tourist' District row of the chart; (6) adding Note 4 to the notes immediately following the charts; and (7) changing Section 24-1 to read as follows: "ARTICLE 24. HEIGHT, AREA AND BULK REQUIREMENTS Section 24-1 Height, area and bulk requirements for various districts shall be as indicated in the chart below together with other height, area and bulk requirements contained in Article 27, appropriate zoning districts and other articles contained in this ordinance. \\LEGAL~..AVV~LEG- DIR\DoyleDCurtis\MYDOCS~2002\P&ZORD02~Zoning.ord~DOYLEC~002\I 11502.Rev Art24.ATDist. 1 Family. Padre. Mustang. Barrier.lsland. Ord.doc Page 3 of 5 35 3 25' 5' 26 2 20' 05 12.10 (13.20) See Nete 3 85' Note 1: One side yard may be O' provided the other is 10', for new subdivisions of 5 or more lots conti.quously developed at the same time by one developer. Note 2: In the "R1-A" District all lots in platted subdivisions may comply with the lot area and yard requirements of the"R1-B" District as minimum requirements. Note 3: Lot area may be reduced to 3,300 square feet provided requirements outlined in Article 6B-6.03 are complied with. Note 4: Lot 11 (4,942.77 sq. ft.) and Lot 27 (4988.27 sq. ft.), BIk 1, La Concha Estates, platted before annexation preceedin.qs be,qan, are .qrandfathered for 1 family dwellin,q pursuant to §§ 43.002 and 245.002 Tx. Loc. Gov. Code). Abbreviations: Dwls = dwellings; 3+ = 3 or more; fam.=- family or families; a dash (- -) indicates no applicable regulations. \\LEGAL\LAVV~LEG- DIR\DoyleDC urtisWIYDOCS~2002\P&ZORD02~_oning.ord\DOYLEC~002\I 11502.Rev. Art24.ATDist 1 Family. Padre. MustangBarrier.lsland. Ord.doc Page 4 of 5 SECTION 2. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 3. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 4. That any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 5. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. The City Secretary shall file a certified copy of this ordinance with the Nueces County Clerk for recording in the Deed Records. The recorded ordinance will then be readily available to resolve title questions regarding minimum lot area, width, and setback compliance by any lot used for a one family dwelling in an "AT" Apartment Tourist District on Padre or Mustang Island. This may be especially helpful regarding the two grandfathered lots described at the end of Article 24 of the Zoning Ordinance in Note 4 as added by Section I of this ordinance. \\LEGAL\LAVV~LEG- D IR\DoyleDC u rtis\MYDOCS~2002\P&ZORD02~Zon lng o rd\DOYLEC~2002\I 11502. Rev .Art24 .ATDist. 1 Faro i ly. Padre .Musta n g .Barrier. Is la nd. Ord. doc 17 NO ATTACHMENT FOR THIS ITEM 18 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: Presentation of 2002 Citizen Survey results. November 26, 2002 PRESENTER(S): Name Mark McDaniel Dr. Dan Jorgensen Title Director of Management & Budget Assistant Professor of Public Administration, Texas A&M University - Corpus Christi BACKGROUND: The City now surveys citizens on an annual basis to determine levels of citizen satisfaction and opinions regarding performance of City services in various key areas. For the year 2002, the City contracted with Texas A&M - to perform this survey. The survey has recently been completed and results are now ready to be presented by Dr. Daniel (Dan) Jorgensen. In addition to usual year to year comparison of results and cross-tabulation of questions, new to this year's survey are sets of questions regarding: · impressions of recent contact with City employees (pp. 14-15); and, · citizen opinions toward future planning issues or potential improvements (pp. 15-16). public REQUIRED ACTION: None. Survey results will be used for future planning purposes. 1V~ar'l~ L. Mc[San~el Director of Management and Budget Power Point Presentation X 2002 Citizen Survey Report (2 Volumes) Under Separate Cover 2002 City of Corpus Christi Citizen Survey Daniel I Jorgensen, Ph.D. College of Arts and Humanities Texas A&M University -Corpus Christi The Island University Purpose of Survey To report citizens attitudes towards the performance of: • Public safety • Transportation • Parks and Recreation • Housing • Public Health • Social services Citizen Satisfaction for 2002 Overall Quality of City Services (Table 21 Page 8) 60- so- 40- 30- 20- 10- 0- Excellent 050403020100Excellent Good Fair Very poor 3 Highest Levels of Satisfaction for 2002 (Table 3, Page 10) • Fire protection 86% • Providing water services 84% • Garbage collection 81% • Emergency medical services 80% • Police protection 79% • Providing wastewater services 79% • Helping citizens to conserve water 75% • Vector control 71% 4 27 City services show positive growth rates in response to SdtlSfaCtIOCI level (Table 4, Page 11) • Modest growth rate of .04% for ""animal control" • Growth rate of 12.30% in "helping citizens with how to conserve water" 5 Low Levels of Satisfaction oo:;, o... Toward City Services00090 0000 Table 5 ( ,page 12) ' • • Attracting new employers to the community 70% • Helping existing employers to grow 63% • Street repair and maintenance 57% • Requiring property owners to maintain property 52% • Providing adequate recreation programs 45% • Animal control 43% • New street construction 43% • The condition of City parks 41% 11 This years results • Residents are generally satisfied with the services they receive from the City • High levels of satisfaction are in the service areas • Low levels of satisfaction are primarily in the quality of life areas • There is a widening gap between those who are satisfied and those with low levels of satisfaction New to this year's survey Kanking impressions or city employees Citizens who have contact with city employees have strong positive impressions of city employees (Figures 6-9, pages 14-15) — Most common response ""Excellent" 40.2% — Next common response "Good" 33% — Positive impressions of: • Knowledge 67% • Responsiveness 67% • Courtesy 73% R Future Planning Issues • A possible 2004 bond issue •Slight edge of favoring improvements over new facilities. Favorable Ratings in Rank Order (Tables 7&8, page 16) Improvements Police/fire station improvements Drainage improvements Street repair Disability access Senior center improvements Recreation center improvements Library improvements Park improvements New Facilities • New recreational centers • New senior activity centers • New police substations • New drainage facilities • New fire stations • New libraries • New swimming pools • New athletic fields • New parks 10 Conclusions Residents of Corpus Christi feel good about how the city delivers the services to them • Areas with extremely high levels of satisfaction — Fire protection — Water — Garbage collection — Emergency medical services — Police protection — Wastewater services 11 Civil Servants • Citizens feel positive about city employees rating them: • High in knowledge • High in responsiveness • High in courtesy • High in overall attitude toward their work 12 Residents seem to be concerned about quality of life issues such as: • New employment opportunities • Economic development (bay front improvements) • Recreation facilities for juveniles and senior citizens • Economic development • Citizens tend to favor spending bond issue proceeds to increase these quality of life services in Corpus Christi 13 Questions? • Social Science Research Center • College of Arts and Humanities Texas A&M University -Corpus Christi The Island University M 19 CITY COUNCIL AGENDA MEMORANDUM December 10, 2002 AGENDA ITEM: Motion approving the creation of the City of Corpus Christi Economic Development Office. BACKGROUND: The City currently contributes to the Corpus Christi Regional Economic Development Corporation (EDC) on an annual basis for the creation of jobs and recruitment of new industry and private investment in the City. In order to provide stronger and more consistent support for EDC efforts, I am recommending the creation of an Economic Development Office within the City organization. The Director of this new office will report directly to me, which will facilitate a more timely response via efficient and effective flow of information to and from the EDC and various City departments - such as Development Services, Utilities, Engineering, Airport, Streets, OMB, Finance, etc. In addition, this new office will provide staff support for 4A Board programs and initiatives, as well as coordinate City responsibilities within the new Renewal Community. This office will also administer similar City responsibilities to clients, applicants and other governmental agencies for development related activities within enterprise zones, TIF districts, etc. Finally, the Economic Development Director will assist me in providing responsive support to various key business related organizations in the community, such as the Convention & Visitors Bureau, Downtown Management District, our various chambers of commerce, several business associations and others. As outlined in the attached, funding for this new office will be provided from both General Fund and Combined Utility sources (using the same allocation methodology in place for the City's contribution to the EDC). First year prorated expenses will be funded by operating contingencies without the need for additional appropriations. REQUIRED ACTION: Motion to approve the creation of a new City Economic Development Office. Attachments: Projection of Funding & Expenditures X ici R. ~'arcia , Manager Economic Development Office Revenues: Funding: General Fund Combined Utilities Total Expenditures: Salaries and Wages Car Allowance Retirement Group insurance benefits Minor computer equipment Minor office equipment Office supplies Postage & express charges Telephone/telegraph service Memberships & dues Training - Supervisory Travel Building main chgs alloc MIS alloc Copy/Print Shop alloc Self insurance alloc Transfer to debt Total 7 months Est. FY 2002-2003 Proposed FY 2003-2004 $ 43,989 $ 77,331 55,986 98,421 $ 99,976 $ 175,752 Est FY 2002-2003 Proposed FY 2003-2004 $ 70,010 $ 2,450 13,526 1,928 2,887 875 800 500 1,000 1,000 5,000 120,017 4,200 23,187 10,900 1,248 5OO 1,500 1,000 1,000 1,200 1,000 10,000 5,400 7,100 2,000 8,700 595 99,976 175,752 Economic Development Office Expenditures Detail: Personnel: Dir of Economic Der Office Sr. Management Assistant 7 months Est FY 2002-2003 Approx. Annual Cost $ 47,491 $ 81,413 22,519 38,604 $ 70,010 $ 120,017 Equipment (Initial one-time cost): Computers (2) (Lease @ $52 mo.) Printer $ 468 1,200 Desk (1) - Director Credenza - Director Hutch - Director Desk (1) - Staff Chair (1) - Director Chair (1) - Staff Bookcase (1) File cabinet (1) Calculator (2) 481 436 338 355 339 228 244 337 129 20 CITY COUNCIL AGENDA MEMORANDUM December 10, 2002 AGENDA ITEM: Ordinance approving the FY 2002-03 Capital Budget in the amount of $229,913,200 ISSUE: The City of Corpus Christi's Comprehensive Plan, as outlined in the City Charter, requires the development of a capital improvement program and annual capital budget. The City Council shall approve the Plan and Capital Budget within sixty days of submission by the City Manager (submitted on November 5, 2002). BACKGROUND: The City Council received an overview of the Proposed FY 2002-03 Capital Budget and Capital Improvement Planning Guide on November 19th. In addition, a public heating was held to receive citizen input. After considerable discussion, the City Council directed Staff to review the Water Supply Program projects to ensure that the Padre Island Desalination Facility and the Garwood Water Supply Pipeline projects reflected a high priority status. Staff has further reviewed and adjusted the project timelines to reflect a more aggressive schedule for water supply projects. The Padre Island Desalination Facility now reflects construction in Year 3 (FY 2004-05) and the Garwood Water Supply Pipeline reflects construction in Year 11 (FY 2012-13). The original timeline reflected Year 5 and Year 25, respectively. Should demands for water increase and/or changes in historical weather patterns warrant an acceleration of the project timeline, the funds will be moved forward in the Capital Improvement Plan. On November 5, 2002, citizens approved several economic development initiatives that will require amendments to the CIP. Funding for the construction of a baseball stadium ($15million), a housing initiative program ($500 thousand per year) and marina-related utility improvements ($2.844 million) are now reflected in the Short-Range CIP. The following table summarizes revised project expenditures for the Short-Range CIP: SHORT-RANGE CIP SUMMARY (000s) Three-Year FY2003 FY2004 FY2005 Total CIP Project Category Airport $13,482.4 $145.0 $0 $13,627.4 Park and Recreation 5,086.5 0 0 5,086.5 Public Facilities 74,438.3 15,500.0 500 90,438.3 Public Health & Safety 17,153.0 13,636.7 27,600.0 58,389.7 Streets 23,807.5 10,776.0 4,101.4 38,684.9 Gas 1,009.7 0 0 1,009.7 Storm Water 6,080.0 5,550.0 5,550.0 17,180.0 Wastewater 34,734.8 21,480.0 13,044.0 69,258.8 Water 43,611.0 8,700.0 11,630.0 63,941.0 Water Supply 10,510.0 6,050.0 13,450.0 30,010.0 Totals $229,913.2 $81,837.7 $75,875.4 $387,626.3 FUTURE COUNCIL ACTION: The Ordinance will be considered on its Second Reading at the December 17th, 2002 Council Meeting. RECOMMENDATION: During its public heatings and deliberations on November 6th and 13th, the Planning Commission approved the FY 2002-03 Capital Budget with an amendment to include projects approved by voters in the November 5, 2002 Election (minutes are attached). The attached Ordinance supports the recommendation. Ma~k L. McDan~el Director of Management and Budget Revised Short-Range CIP Summary X 11.13.02 Planning Commission Meeting Minutes X PowerPoint Presentation X Ordinance X o o Special Meeting Planning Commission Minutes November 13, 2002 Commissioners Present: David Berlanga, Chairman Shirley Mires, Vice Chairman Neill F. Amsler Michael Pusley Richard Smith Bryan Stone Commissioners Absent: Elizabeth Chu Richter Eloy H. Salazar Robert Zamora Staff Present: Michael N. Gunning, Director of Planning Lucinda Beal, Recording Secretary Doyle Curtis, Sr. Assistant City Attorney Jay Reining, Assistant City Attorney Marlo Tapia, Assistant Director of Capital Improvement Program 'Angel Escobar, Director of Engineering Services Kevin Stowers, Assistant Director of Engineering Services Lynda Sutherland, Contract Funds Coordinator C~LTOO~ER Chairman Berlanga declared a quorum and called the meeting to order at 4:05 p.trr PUBLIC HEARING AGENDA ITEM PUBLIC HEARING ON PROPOSED FY 2003 CAPITAL BUDGET AND CAPITAL IMPROVEMENT PLANNING PROGRAM GUIDE AND PLANNING COMMISSION ACTION - The public hearing on the proposed FY 2003 CIP Budget and CIP Planning Program Guide was continued from the November 6, 2002 Planning Commission meeting. Chairman Berlanga asked when does the Planning ComnUssion, as an advisory body to Council, participate in the planning process; for example, the 2004 Bond Program. Short Range Funded and nonfunded projects which become part of long range plans. Mr. Escobar explained the Planning Commission will be updating the Priority 1 list and asking the Commission and Council to prioritize projects identified in the Priority 1 category. Projects would be identified for available funding depending on the dollar amount that Council takes to the voters. Commissioner Amsler stated he believed the projects listed in the plan are trying to rectify 20 years of inaction. He asked when would the Planning Commission be allowed to set the direction of what is trying to be accomplished, commassion Amsler informed the staff Mr. Gunning stated that after review of the proposed projects outlined in the Capital Improvement Program, Planning Staff finds that the programs are consistent with the adopted plans for the area. Mr. Tapia stated that the Office of Management and Budget Staff would need to amend the plan to include results of recent elections for the baseball stadium and housing initiatives. Motion by Pusley, seconded by Mires, recommending the C1P to the City Council as submitled by Staff and amend the plan to include results of recent elections for the baseball stadium and housing initiatives. Motion passed with Berlanga, Mires, Amsler, Pusley, Smith and Stone voting "Aye" and Richter, Salazar, and Zamora being absent. Planning Commission Minutes - Special Meeting November 6, 2002 Page 2 Meeting adjourned at 6:35 p.m. Michael N. Gunning, AICP Lucinda P. Beal Director of planning Recording Secretary CITY OF CORPUS CHRISTI FY 2002-2003 Qk)?OPOSED 4PITAL (AuDGET a n ort -Range CIP Revenues (3 Years) Page 30 Millions $250 $200 $150 $100 $50 $0 FY 2003 FY 2004 FY 2005 ■ CDBG O COs (New) ® Commercial Paper ® GLO ® GO Bonds ■ Hotel/Motel Tax Bonds ■ Operating Funds ® PI Tax Inc Fyn Dist ■ Revenue Bonds ■ Sales Tax Bond Issue 2000 ■ Sales Tax Bond Issue 2002 ■ State Revolving Fund ® Other Shot -Range CIP Expenditures $250 $200 $150 $100 $50 $0 (3 Years) Page 32 FY 2003 FY 2004 FY 2005 0 Airport ■ Park & Recreation ® Public Facilities ■ Public Health & Safety O Streets ❑ Gas ■ Storm Water ■ Wastewater 19 Water IN Water Supply AIRPORT HORT-RANGE Landside Roadway syr $5,693 Terminal Buildi Construction $5,347.9 39% Airfield Drainge Phase 3 YO Acquisition 81 5% 50 AIRPORT LONG-RANGE Taxiway Improvements Airfield Drainage Airfield Rescue $1,350 3% Runway Extension $28,090 57% Ip Page 64 Land Acquisition $11,710 24% Other $1,447 3% Air Cargo/Multi-Use Building $1,225 3% Park Recreation PARKAND RECREATION HORT- Park Facility hnprowments Bay 1}ail, Phase $1,377.5 27% Youth Outdoor Sports Facilities Reno-ations $1,020 20% GE CIP Page 74 Other $218.8 4% Senior and Recreation Facilities $48.7 1% unfish bland(McGee Beach Stabilization $1,885 38% Renoration/Deselopment of Edsting Parks $1153 2% PARK AND RECREATION LONG-RANGE CIP Page 128 New Recreation & Aquatics Facilities Athletic Facilities Renovations $4,000 7% $8,775 17% Upgrade Lozano/Oso Golf Courses $9,000 16% Park Maintenance Operations Facility Improvements $2,450 4% Neighborhood Park Playground Renovations $5,000 9% New Golf Course $7,500 14% Festival Park $2,500 5% Other $4,060 7% Park Renovations & Improvements $7,890 14% Marina Dredging $4,000 7% Public Facilities �j W. , PUBLIC FACILITIES SHORT - Baseball Stadium $15,000 17% Affordable Housing Initiative $1,000 1% ADA 2002 Facility Improvements $599.9 1% City Hall HVAC Chillers and Control System, Phase 1 $1,175 1% Bayfront Plaza Convention Center $28,157.9 31% E CIP Page 142 Multi -Purpose Arena Facility $44,505.6 49% PUBLIC FACILITIES LONG-RANGE CIP Page 152 AffonlaMe Housing �rl T+FS $3,500 City H211 HVAC Chdlc and Control System, Phase 2 $1,285 8% Museum Improvements $840 6% ansiodNew 37% liseum $4,000 26% Public Health PUBLIC HEALTH &SAFETY HOR T -RANGE New Landfill/Elliott Police and Fire Training Improvement/Final Facility, Phase 1 Cover $1,680.3 3% $10,750 18% 1 _ Other $161 0% North Padre Corpus Christi Animal Shelter and Vector Control Facility $512.3 1% Seawall, Sidewalk & Marina Bulkhead $34,886.1 60% 162 PUBLIC HEALTH &SAFETY LONG-RANGE CIP Pame 176 Police Headquarters Corpus Christi Animal Eapansii $1,50 Construction New Fire Stations $3,000 20% Iector se 2 Public Safety Training Facility, Phase 2 $10,000 69% Traffic Signalization Improvements $580.2 1% Other $3,166.9 8% STREETS SHORT-RANGE CIP City Share of TzDot Participation $415.7 1% City Share of New Subdivision Improvements $525.4 1% Street Utility Reserves $2,200 6% Street Reconstruction $13,458.5 35% RTA Special Street Projects $500 1% Street Improvements $1,220.3 3% CDBG Accessibility Improvements for the Disabled $810.8 2% Neighborhood Street Improvements $6,550 17% Street Resurfacing $9,257.1 24% STREETS LONG-RANGE CIP Page 242 Sidewalk and Curb Improvements $3,000 1% Street Reconstruction $325,634.9 67% Congestion Management Future TkDot Participation $10,000 2% Neighborhood Streets - Voluntary Paving Program Petitions $7,000 1% ADA Curb Ramps $124,000 25% Street Lighting $3,000 1% Traffic Signalization Upgrades $6,240 1% Souths Transmis! Pai $844., GAS HORT- E CIP Southside Gas Main, Southside Gas Transmission Main, Part E 258 L GAS Compressed Natural 5610 9% Southside Gas Transmission Main, Parts B, C, F $6,517 91% Page 268 Storm Water STORM WATER SHORT-RANGE CIP Page 278 Drainage System Water Quality Improvemer $300 2% Rolled Curb & Gutter Replacement $730 4% Concrete Channel Rehabilitation CUM 101 Bridge Rehabilitation n Drainage ements 1 89% STORM WATER LONG-RANGE CIP Storm Water Drainage Master Plan $1,400 2% Water St Pump Station Construction $18,500 28% Leopard St Roadside Safety Improvements $3,500 5% Up River Rd Drainage hnprovements Other 0 1% $3,850 6% Meadovvbrook Subdivision Area Drainage Improvements $1,300 2% Various Watershed Improvements $7,960 12% Besting Povver St Pump Station Replacement $2,375 3% Airport Ditch Outfall hnprovements $6,000 9% Various Drainage System Water Quality hnprovements $3,000 4% z��`���Drainage Improvements �. � iii � :� •� MN Other Drainage Improvements $11,125 17% Mary Carroll Channel Widening $1,500 2% Hewit Fstate/Los Amigos/Beekman Place Drainage hnprovements $1,500 2% 292 Wastewater WASTEWATER SHORT-RANGE CIP Lift Station Improvements & Carolyn Heights Diversion to Creenw Plant $6,880 10% Chlorine Removal Facilities at WW 1Yeatment Plants $4,000 6% Broadway Plant Lift Station Improvements_ & Plant Alternatives $3,768 5% Allison Plant Rehab & Other Modifications $3,500 5% Clarkwood North Lift Station/Force Main st_snn Zoi Infiltration/Inflow Related Collection System Enhancement Program Other $34,006.6 52% Laguna Madre Plant Collection System Rehabilitation $1,750 3% Staples Street Mrunk Main Rehabilitation $2,410.9 4% Omaha Street Trunk Nbin Rehabilitation $1,364.3 2% Antelope 24" Bunk Main Rehabilitation $1,235 2% U11641 WASTEWATER LONG-RANGE CIP Page 368 Rodd Field Village Greenwood Plant 4 MGD Improvement District Expansion $2,000 1% $17,000 10% Utility Building Expansion $2,000 1% Relocation of Mains & Services $3,000 2% Other -Gravity Line $4,625 3% Sanitary Sewer $5,800 Installation in Developed Areas $9,000 5% Infiltration/Inflow elaedCollection J Related Collection System Enhancement Program $8,000 5% Forcemain & Lift Station Improvements $14,625 9% stewater Treatment of Alternate Power Supply Systems $3,000 2% McBride Lane Trunk Main Rehabilitation $2,500 1% Oso Plant Improvements $5,500 3% Odor Control $2,000 1% Broadway Treatment Plant Construction $47,000 28% Broadway Plant Demolition $1,500 1% Allison Plant guna Madre Planf$23,800 14% Improvements 517,750 10% WATER SHORT-RANGE CIP Page 380 North Navigation Pumping Plant $12,600 19.6% ON Up River Road .. ---- —+---•- $8,600 13.3% Southside Transmission Main Phases 2-5 $29,175 45.3% WATER ONG-RANGE CIP ON Stevens Treatment Plant Additional Clearwells $12,500 17% Rodd Field Improvement Di $3,000 4% Sedimentation Basin No. 5 $23,000 31% Alternative Power Other Supplies $6,150 8% $1,000 1% ON Stevens Plant dge Disposal Facility $4,500 6% Southside Transmission Main, Phases 6&7 $12,363.5 17% Upgrade Undersized Water Lines - Outisde City limits $7,000 9% Upgrade Undersized Water Lines - Inside City Limits ca Zan 4 Cunningham Plant Couversion, Phase 1 $2,015 3% flM Water �jY Supply �� WATER SUPPLY SHORT—RANGE CIP rage azs Rincon Bayou Pipe Project $5,295 18% Padre Isl Desalination Calallen Salt Water rh-',- r,--- Dam $11,40038% Garwood Water Supply Pipeline $10,000 33% WATER SUPPLY LONG-RANGE CIP Garwood Water Supply Pipeline $88,000 100% ORDINANCE APPROVING THE FY 2002-03 CAPITAL BUDGET IN THE AMOUNT OF $229,913,200 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That thc 2002-03 Capital Budget in the amount of $229,913,200 is hereby approved. A copy of thc 2002-0~ Capital Budget is on file in the Office of thc City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the Day of ,2002, by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the __ Day of ,2002, by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott PASSED AND APPROVED this the ATTEST: __ Day of ,2002. Armando Chapa, City Secretary LEGAL FORM APPROVED JAMES'R. BRAY, JR. CITY ATTORNEY Lisa Aguilar ~ Assistant City orney Samuel L. Neal, Jr., Mayor City of Corpus Christi ,2002 21 CITY COUNCIL AGENDA MEMORANDUM December 10, 2002 AGENDA ITEM: Ordinance authorizing the issuance of City of Corpus Christi, Texas Tax Notes, Series 2002 in the mount of $2,150,000 for the purpose of paying contractual obligations incurred or to be incurred for the renovations of the former Frost Bank building (creation of EOC and One Stop Development Center) and for the purchase and installation of chillers at City Hall. ISSUE: The chillers at City Hall are in need of urgent replacement. In addition, the City is renovating the formerly acquired Frost Bank building on Leopard Street in order to house the Emergency Operations Command Center (EOC) and One Stop Development Center. The City has an outstanding note with Frost Bank for $500,000 for earlier renovations. The interest rate for that note is 8.425%. It is the recommendation of Staff to pay offthe note and to secure additional funds for the building renovations and for the purchase of chillers for City Hall through the issuance of notes, said notes having a seven-year amortization schedule. REQUIRED COUNCIL ACTION: Approval of the Ordinance authorizing the issuance of City of Corpus Christi, Texas Tax Notes, Series 2002 in the amount of $2,150,000 is required. FUNDING: Funding will come from the proceeds of the sale of the Tax Notes. Debt service will be appropriated annually beginning in fiscal year 2004. RECOMMENDATION: City Staff recommends the approval of the Ordinance authorizing the issuance of City of Corpus Christi, Texas Tax Notes, Series 2002 in the amount of $2,150,000. D~rec{or of Financial Servmes ORDINANCE AUTHORIZING ISSUANCE OF TAX NOTES THE STATE OF TEXAS : COUNTIES OF NUECES AND SAN PATRIClO : CITY OF CORPUS CHRISTI : WHEREAS, the Issuer (such term and other capitalized terms used in these recitals and this Ordinance being as defined in Exhibit A attached hereto), is a home-rule municipality having a total population of at least 50,000 according to the last preceding federal census, and was organized, created and established pumuant to the Constitution and laws of the State of Texas; and WHEREAS, the City Council is authorized pursuant to Chapter 1431 to issue anticipation notes for specified purposes, including, without limitation, to pay a contractual obligation incurred or to be incurred for the construction of a public work and the pumhase of materials, supplies, equipment, machinery, buildings, lands, and rights-of-way for an issuer's authorized needs and purposes; and WHEREAS, the City Coundl deems it in the best interest of the Issuer to issue the Notes, pumuant to Chapter 1431, for the purposes hereinafter stated, and to secure the payment of the Notes from a pledge of the ad valorem taxes assessed and collected by the city. NOW, THEREFORE, BE IT ORDAINED BYTHE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. RECITALS, AMOUNT AND PURPOSE OF NOTES. Thatthe recitals set forth in the preamble hereof are incorporated herein and shall have the same force and effect as if sat forth in this Section. Pursuant to authority granted to the City Council by Chapter 1431, the Notes shall be and are hereby authorized to be issued in the aggregate principal amount of $2,050,000 for the purpose of PAYING CONTRACTUAL OBLIGATIONS INCURRED OR TO BE INCURRED FOR THE PURCHASE OF A BUILDING FOR THE CITY'S AUTHORIZED NEEDS AND PURPOSES, THE CONSTRUCTION OF RENOVATIONS AND THE PURCHASE OF MATERIALS, SUPPLIES AND EQUIPMENT IN CONNECTION THEREWITH. The Issuer desires to use the proceeds of the Notes to pay contractual obligations incurred or to be incurred by the Issuer in connection with the purchase of a building in the City located at _ _, and the construction of improvements to said building and the purchase of materials, supplies and equipment in connection therewith (the "Project"). . Section2. DESIGNATION,DATE, DENOMINATIONS, NUMBERS,AND MATURI TIES OF NOTES. That the Notes shall be designated as the "City of Corpus Christi, Texas, Tax Notes, Series 2002". The Notes shall be dated ____ 1,2002, shall be in Authorized Denominations, shall be numbered consecutively from R-1 upward, and shall mature on 1 in each of the years, and in the amounts, respectively, as set forth in the following schedule: MATURITY DATE: 2004 2005 2006 2007 2008 2009 AMOUNTS ($) Section 3. NOTE PURCHASE AGREEMENT. That the Purchase Agreement in substantially the form attached to this Ordinance is hereby accepted, approved and authorized to be delivered in executed form to the Purchaser. An Authorized Representative, acting for and on behalf of the City Council, shall cause the Purchase Agreement to be executed and delivered to the Purchaser. The City Secretary is hereby authorized to attest the execution of the Purchase Agreement on behalf of the City. Section 4. INTEREST. That the Notes shall beer interest from the date specified in the FORM OF NOTE set forth in this Ordinance to their respective dates of matudty or redemption pdor to maturity at the foilowing rates per annum: Notes maturing in the year 2004, % Notes maturing in the year 2005, % Notes maturing in the year 2006, % Notes maturing in the year 2007, % Notes maturing in the year 2008, % Notes maturing in the year 2009, % Said interest shall be payable in the manner provided and on the dates stated in the FORM OF NOTE set forth in this Ordinance. Section 5. CHARACTERISTICS OF THE NOTES. (a) Registration, Transfer, Conversion and Exchange; Authentication. That the Issuer shall keep or cause to be kept at the designated corporate trust office of the Paying Agent/Registrar the Registration Books, and the Issuer hereby appoints the Paying Agent/Registraras its registrar and transfer agent to keep such books or records and make such registrations of transfers and exchanges under such reasonable regulations as the Issuer and the Paying Agent/Registrar may prescribe; and the Paying Agent/Registrar shall make such registrations, transfers and exchanges as herein provided within three days of presentation in due and proper form. The -2- Paying Agent/Registrar shall obtain and record in the Registration Books the address of the registered owner of each Note. The Issuer shall have the dght to inspect the Registration Books dudng regular business hours of the Paying Agent/Registrar, but othen~isa the Paying Agent/Registrar shall keep the Registration Books confidential and, unless othem~isa required by law, shall not permit their inspection by any other entity. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for making such registration, transfer, exchange and delivery of a substitute Note or Notes. Registration of assignments, transfers and exchanges of Notes shall be mede in the manner provided and with the effect stated in the FORM OF NOTE. Each substitute Note shall bear a letter and/or number to distinguish it from each other Note. An authorized representative of the Paying Agent/Registrar shall, before the delivery of any such Note (other than Notes that bear the signature of the Comptroller of Public Accounts of the State of Texas, as provided in the FORM OF NOTE), date and manually sign said Note, and no such Note shall be deemed to be issued or outstanding unless such Note is so executed. The Paying Agent/Registrar promptly shall cancel all paid Notes surrendered for transfer and exchange. No additional ordinances, orders, or resolutions need be passed or adopted by the Issuer or any other body or person so as to accomplish the foregoing transfer and exchange of any Note or portion thereof, and the Paying Agent/Registrar shall provide for the printing, execution, and delivery of the substitute Notes in the manner prescribed herein. Pursuant to Chapter 1201, and particularly Subchapter D thereof, the duty of transfer and exchange of Notes as aforesaid is hereby imposed upon the Paying Agent/Registrar, and, upon the execution of said Notes, the transferred and exchanged Notes shall be valid and enforceable in the same manner and with the same effect as the Notes which initially were issued and delivered pursuant to this Ordinance and approved by the Attomey General. (b) Payment of Notes and Interest. The Issuer hereby further appoints the Paying Agent/Registrar to act as the paying agent for the payment of the principal of and interest on the Notes, all as provided in this Ordinance. The Paying Agent/Registrar shall keep proper records of all payments made by the Issuer and the Paying Agent/Registrar with respect to the Notes, and of all transfers and exchanges of Notes, and all replacements of Notes, as provided in this Ordinance. (c) In General. The Notes (i) shall be issued in fully registered form, without interest coupons, with the principal of and interest on such Notes to be payable only to the registered owners thereof, (ii) may be transferred, assigned, converted, and exchanged for other Notes, (iii) may be subject to redemption pdor to their scheduled maturities, (iv) shall have the characteristics, (v) shall be signed, sealed, executed and authenticated, (vi) the principal of and interest on the Notes shall be payable, and (vii) shall be administered and the Paying Agent/Registrar and the Issuer shall have certain duties and responsibilities with respect to the Notes, all as provided, and in the manner and to the effect as required or indicated, in the FORM OF NOTE. On each substitute Note issued in conversion of and exchange for any Note or Notes issued under this Ordinance the Paying Agent/Registrar shall execute the PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE, in the form set forth in the FORM OF NOTE. (d) Substitute Paying Agent/Registrar. The Issuer covenants with the registered owners of the Notes that at all times while the Notes ara outstanding the Issuer will provide a competent and legally qualified bank, trust company, financial institution, or other agency to act as and perform the services of Paying Agent/Registrar for the Notes under this Ordinance, and that the Paying Agent/Registrar will be one entity. The Issuer reserves the right to, and may, at its option, change the Paying Agent/Registrar upon not less than 30 days written notice to the Paying Agent/Registrar, to be effective not later than 15 days prior to the next succeeding Payment Date. 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 Issuer covenants that promptly it will appoint a competent and legally qualified bank, trust company, financial institution, or other agency to act as Paying Agent/Registrar under this Ordinance. Upon any change in the Paying Agent/Registrar, the previous Paying Agent/Registrar promptly shall transfer and deliver the Registration Books (or a copy thereof), along with all other pertinent books and racords ralating to the Notes, to the new Paying Agent/Registrar designated and appointed by the Issuer. Upon any change in the Paying AgentJRegistrar, the Issuer promptly will cause a written notice thereof to be sent by the new Paying Agent/Registrar to each ragisterad owner of the Notes, by United States mail, first-class postage prapaid, which notice also shall give the addrass of the new Paying Agent/Registrar. By accepting the position and performing as such, each Paying Agent/Reg- istrar shall be deemed to have agraed to the provisions of this Ordinance, and a certified copy of this Ordinance shall be deliverad to each Paying Agent/Registrar. Section 6. FORMOF NOTES. That the form of the Notes, including the form of Paying Agent/Registrar's Authentication Certificate and the form ofAssig nment shall be, raspectively, substantially in the form attached herato as Exhibit B, with such variations, omissions, or insertions as ara appropriate, permitted or raquirad by this Ordinance including, without limitation, those variations, omissions, or insertions to be completed by an Authorized Representative raflect the terms of the sale of Notes as permitted by Section 2 hereof. Section 7. INTEREST AND SINKING FUND/TAX LEVY. That the Interest and Sinking Fund is heraby created and established solely for the benefit of the Notes, and the Interest and Sinking Fund shall be established and maintained by the Issuer at an official depository bank of the Issuer for so long as the Notes or interest thereon are outstanding and unpaid. The Interast and Sinking Fund shall be kept separate and apart from all other funds and accounts of the Issuer, and shall be used only for paying the interest on and principal of lhe Notes. Until expended for the purposes set forth in Section 1 hereof, the proceeds derived from the sale of the Notes shall be held as further security for the timely payment of the principal and interest on the Notes All ad valoram taxes levied and collected for and on account of the Notes shall be deposited, as collected, to the cradit of the Interast and Sinking Fund. During each year while any of the Notes is outstanding and unpaid, the City Council shall compute and ascertain a rate and amount of ad valoram tax which will be sufrmient to raise and produce the money raquirad to pay the interast on the Notes as such interast comes due, and to provide and maintain a sinking fund of at least two percent (2%) thereof, in any event in an amount adequate to pay the principal of such Notes as such principal matures; and sa id tax shall be based on the latest approved tax rolls of said Issuer, with full allowance being made for tax delinquencies and the cost of tax collection. Said rate and amount of ad valorem tax is hereby levied by the governing body of the Issuer, and is hereby ordered to be levied, against all taxable property in the Issuer for each year while any of the Notes are outstanding and unpaid; and said 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 sufficient to provide for lhe payment of the interest on and principal of the Notes as such interest comes due and such principal matures, are hereby pledged from the ad valorem taxes of the Issuer for such payment, within the limit prescribed by law. If sufficient ad valorem taxes have not bean levied and collected for the purpose of making debt service payments on Notes when due, there shall be appropriated from the City's general fund moneys sufficient to enable the City to make such debt service payments on a Payment Date including specifically the payment of debt service on the Notes on the first Payment Date therefor. Section 8. CHAPTER 1208, GOVERNMENT CODE, APPLIES TO THE NOTES. Chapter 1208, Texas Government Code, applies to the issuance of the Notes and the pledge of the taxes granted by the Issuer under Section 7 of this Ordinance, and such pledge is therefore valid, effective, and perfected. If Texas law is amended at any time while the Notes are outstanding and unpaid such that the pledge of the taxes granted by the Issuer under Section 7 of this Ordinance is to be subject to the filing requirements of Chapter 9, Business & Commerce Code, then in order to preserve to the registered owners of the Notes the perfection of the security interest in said pledge, the Issuer agrees to take such measures as it determines are reasonable and necessary under Texas law to comply with the applicable provisions of Chapter 9, Business & Commerce Code and enable a filing to perfect the security interest in said pledge to occur. Section 9. REMEDIES OF REGISTERED OWNERS. That in addition to all rights and remedies of any registered owners of the Notes provided by the laws of the State of Texas, the Issuer covenants and agrees that in the event the Issuer defaults in the payment of the principal of or interest on the Notes when due, or fails to make the payments required by this Ordinance to be set forth in this Ordinance, the registered owners of the Notes shall be entitled to a writ of mandamus issued by a court of proper jurisdiction compalling and requiring the City Council and other officers of the Issuer to observe and perform any covenant, obligation or condition prescribed in this Ordinance. No delay or omission by any registered owner to exemise any right or power accruing to him upon default shall impair any such right or power, or shall be construed to be a waiver of any such default or acquiescence therein, and every such right or power may be exercised from time to time and as often as may be deemed expedient. The specific remedies mentioned in this Ordinance shall be available to the registered owners of the Notes and shall be cumulative of all other existing remedies. Section 10. TRANSFERS TO PAYING AGENT. Thatthe Issuer further covenants that on or before each Payment Date, or any redemption date, there shall be transferred to the Paying Agent/Registrar an amount sufficient to pay the pdndpal and interest requirements due on the Notes as they become due and payable. Section 11. USE OF NOTE PROCEEDS. That the proceeds of the issuance of the Notes shall be deposited in a designated account within the Issuer's general fund and used to pay contractual obligations incurred or to be incurred in connection with the purposes described in Section 1 of this Ordinance. Section 12. INVESTMENTS. (a) That the City may place proceeds of the Notes (including investment earnings thereon) in time deposits or invest the same as authorized by law, including, without limitation, the Public Funds Investment Act of 1987, as amended (Chapter 2256, Texas Government Code), and the City's investment policy; provided, however, that the Issuer hereby covenants that the proceeds of the sale of the Notes will be used as soon as practicable for the purposes for which the Notes are issued. (b) Amounts received from the investment of the proceeds of the Notes remaining after the payment of all project costs and the retirement of debt service on the Notes, to the extent not required to be deposited to a separate rebate fund as required by section 148 of the Code, shall be placed into the Interest and Sinking Fund and used for the payment of debt service on the Notes. Section 13. SECURITY FOR FUNDS. Thatalldepositsauthodzed orrequired bythis Ordinance shall be secured to the fullest extent required by law for the secudty of public funds. Section 14. DUTIES OF OFFICERS OF THE ISSUER. (a) That the Mayor, any Authorized Representative and the City Manager are hereby instructed and directed to do any and all things necessary in reference to the maintenance of the Issuer and to make money available for the payment of the Notes in the manner provided by law. (b) The City Secretary is authorized to execute the certificate to which this Ordinance is attached on behalf of the City. The Mayor, any Authorized Representative and the City Secretary are authorized to do any and all things proper and necessary to carry out the intent of this Ordinance. (c) The City Manager is hereby authorized to have control of the Notes and all necessary records and proceedings pertaining to the Notes pending their delivery to the Purchaser. The City Manager or the designee thereof is directed to submit for investigation, examination and approval by the Attomey General of the State of Texas the Notes and the proceedings authorizing their issuance, and to request the registration of the Notes and the proceedings authorizing their issuance by the Comptroller of Public Accounts of the State of Texas. Section 15. FEDERAL TAX COVENANTS. That the issuer covenants to and with the purchasers of the Notes to comply with the provisions of the Code, The Issuer's covenant to comply with the Code shall include, without limitation, compliance with those prov'~ions of the Code regarding the timing of expenditure of proceeds of the Notes, the restriction on investment yields, the filing of information returns with the Intemel Revenue Service, and, if required by the Code, the rebate of excess arbitrage earnings to the United States. Further, the Issuer certifies that based upon all facts and estimates now known or reasonably expected to be in existence on the date the Notes are delivered and paid for, the Issuer expects that the proceeds of the Notes will not be used in a manner that would cause the Notes or any portion of the Notes to be an "arbitrage band" within the meaning of section 148 of the Code, and the regulations prescribed thereunder. Furlhermore, the Mayor and each Authorized Representative is authorized and directed to provide certifications of facts and estimates that are material to the reasonable expectations of the Issuer as of the date the Notes are delivered and paid for. In particular, the Mayor and each Authorized Representative is authorized to certify for the Issuer the facts and circumstances and reasonable expectations of the Issuer on the date the Notes are delivered and paid for regarding the amount and use of the proceeds of the Notes. Moreover, the Issuer covenants to make such use of the proceeds of the Notes, regulate investments of proceeds of the Notes, take such other and further actions and follow such procedures, including, without limitation the method of calculating yield on the Notes, as may be required so that the interest on the Notes shall continue to be excluded from gross income for federal income tax purposes under the Code. The Issuer further covenants that the proceeds of the Notes will not be used directly or indirectly so as to cause all or any bart of the Notes to become a "private activity bond" within the meaning of section 141(a) of the Code. In complying with the provisions of this Section, the Issuer shall be entitled to rely upon an opinion of Bond Counsel. In furtherance thereof, the Issuer covenants as follows: (a) to take any action to assure that no more than ten percent of the proceeds of the Notes (less amounts deposited to a reserve fund, if any) are used for any "private business use," as defined in section 141 (b)(6) of the Code or, if more than ten percent of the proceeds are so used, that amounts, whether or not received by the Issuer, with respect to such private business use, do not, under the terms of this Ordinance or any underiying arrangement, directly or indirectly, secure or provide for the payment of more than ten percent of the debt service on the Notes, in contravention of section 141 (b)(2) of the Code; (b) to take any action to assure that in the event that the "private business use" described in subsection (a) hereof exceeds five percent of the proceeds of the Notes (less amounts deposited into a reserve fund, if any), then the amount in excess of five 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 govemmental use; (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 Notes (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 units, in contravention of section141(c) of the Code; (d) to refrain from taking any action which would otherwise result in the Notes being treated as "private activity bonds" within the meaning of section 141(b) of the Code; (e) to refrain from taking any action that would result in the Notes being "federally guaranteed" within the meaning of section 149(b) of the Code; (f) to refrain from using any portion of the proceeds of the Notes, directly or indirectly, to acquire or to replace funds which were used, directly or indirectiy, 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 Notes, other than investment property acquired with - (1) proceeds of the Notes invested for a reasonable temporary period of three years or less or, in the case of a refunding bond, for a pedod of 30 days or less until such proceeds are needed for the purpose for which the notes 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 (3) amounts deposited in any reasonably required reserve or replacement fund to the extent such amounts do not exceed ten percent of the proceeds of the Notes; (g) to otherwise restrict the use of the proceeds of the Notes or amounts treated as proceeds of the Notes, as may be necessary, so that the Notes 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 Amedca at least once dudng each five- year pedod (beginning on the date of delivery of the Notes) an amount that is at least equal to 90 percent of the "Excess Earnings" (within the meaning of section 148(f) of the Code) and to pay to the United States of America, not later than 60 days after the Notes have been paid in full, 100 percent of the amount then required to be paid as a result of Excess Earnings under section 148(f) of the Code. In order to facilitate compliance with the above clause (h), a "Rebate Fund" is hereby established by the City for the sole benefit of the Unitsd States of America, and such Rebate Fund shall not be subject to the claim of any other person, including without limitation the registered owners of the Bonds. The Rebate Fund is established for the additional purpose of compliance with section 148 of the Code. '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 refunded bonds expended prior to the date of the issuance of the Bonds. It is the understanding of the Issuer that the covenants contained herein are intended to assure compliance with the Code and any regulations or rulings promulgated by the U.S. Department of the Treasury pursuant thereto. In the event that regulations or rulings are hereafter promulgated which modify, or expend provisions of the Code, as applicable to the Notes, the Issuer will not be required to comply with any covenant contained herein to the extent that such modification or expension, in the opinion of Bond Counsel, will not adversely affect the exemption from federal income taxation of interest on the Notes under section 103 of the Code. In the event that regulations or rulings are hereafter promulgated which impose additional requirements which ara applicable to the Notes, the Issuer agrees to comply with the additional requirements to the extent necessary, in the opinion of Bond Counsel, to preserve the exemption from federal income taxation of interest on the Notes under section 103 of the Code. Section 16. ALLOCATION OF, AND LIMITATION ON, EXPENDITURES FOR ELIGIBLE PROJECTS. That the Citycovenants to account for on its books and records the expenditure of proceeds from the sale of the Notes and any investment eamings thereon to be used for the acquisition of Project by allocating proceeds to expenditures within 18 months of the later of the date that (a) the expenditure on Project is made or (b) each item of Project is acquired. The foregoing notwithstanding, the City shall not expend such proceeds or investment earnings more than 60 days after the later of (a) the fifth anniversary of the date of delivery of the Notes or (b) the date the Notes are retired, unless the City obtains an opinion of Bond Counsel substantially to the effect that such expenditure will not adversely affect the tax-exempt status of the Notes. For purposes of this Section, the City shall not be obligated to comply with this covenant if it obtains an opinion of Bond Counsel to the effect that such failure to comply will not adversely affect the excludability for federal income tax purposes from gross income of the interest. Section 17. DISPOSITION OF ELIGIBLE PROJECTS. That the City covenants that any item of Project will not be sold or otherwise disposed in a transaction resulting in the recei pt by the City of cash or other compensation, unless the City obtains an opinion of Bond Counsel substantially to the effect that such sale or other disposition will not adversely affect the tax-exempt status of the Notes. For purposes of this Section, the portion of the property comprising personal property and disposed of in the ordinary course of business shall not be treated as a transection resulting in the receipt of cash or other compensation. For purposes of this Section, the City shall not be obligated to comply with this covenant if it obtains an opinion of Bond Counsel to the effe~ that such failure to comply will not adversely affect the excludability for federal income tax puq~oses from gross income of the interest. Section 18. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED NOTES. (a) Replacement Notes. That in the event any outstanding Note is damaged, mutilated, lost, stolen, or destroyed, the Paying Agent/Registrar shall cause to be printed, executed, and delivered, a new Note of the same principal amount, maturity, and interest rate, as the damaged, mutilated, lost, stolen, or destroyed Note, in replacement for such Note in the manner hereinafter provided. (b) Application for Replacement Notes. Application for replacement of damaged, mutilated, lost, stolen, or destroyed Notes shall be made by the registered owner thereof to the Paying Agent/Registrar. In every case of loss, theft, or destruction of a Note, the registered owner applying for a replacement Note shall furnish to the Issuer and to the Paying AgenFRegistrar such security or indemnity as may be required by them to save each of them harmless f~om any loss or damage with respect thereto. Also, in every case of loss, theft, or destruction of a Note, the registered owner shall fumish to the Issuer and to the Paying Agent/Registrar evidence to their satisfaction of the loss, theft, or destruction of such Note, as the case may be. In every case of damage or mutilation of a Note, the registered owner shall surrender to the Paying Agent/Registrar for cancellation the Note so damaged or mutilated. (c) No Default Occurred. Notwithstanding the foregoing provisions of this Section 18, in the event any such Note shall have matured, and no default has occurred which is then continuing in the payment of the principal of, redemption premium, if any, or interest on such Note, the Issuer may authorize the payment of the same (without surrender thereof except in the case of a damaged or mutilated Note) instead of issuing a replacement Note, provided security or indemnity is furnished as above provided in this Section 18. (d) Charge for Issuing Replacement Notes. Prior to the issuance of any replacement Note, the Paying Agent/Registrar shall charge the registered owner of such Note with all legal, printing, and other expenses in connection therewith. Every replacement Note issued pursuant to the provisions of this Section 17 by virtue of the fact that any Note is lost, stolen, or destroyed shall constitute a Note of the Issuer whether or not the lost, stolen, or destroyed Note 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 Notes duly issued under this Ordinance. (e) Authority for Issuing Replacement Notes. In accordance with Subchapter D of Chapter 1201, this Section 18 of this Ordinance shall constitute authority for the issuance of any such replacement Note without necessity of further action by the Issuer or any other body or person, and the duty of the replacement of such Notes is hereby authorized and imposed upon the Paying Agent/Registrar, and the Paying Agent/Registrar shall authenticate and deliver such replacement Notes in the form and manner and with the effect, as provided -10- in Section 5(a) of this Ordinance for Notes issued in conversion and exchange of other Notes. Section 19. CONTINUING DISCLOSURE UNDERTAKING. (a) Annual Reports. That the City shall provide annually to each NRMSIR and any SlD, within 180 days after the end of each Fiscal Year ending in or after 2002, financial information and operating data with respect to the City of the general type described in Exhibit C hereto. Any financial statements so to be provided shall be (1) prepared in accordance with the accounting principles described in Exhibit C hereto and (2) audited, if the City commissions an audit of such statements and the audit is completed within the period during which they must be provided. If audited financial statements ara not so provided, then the City shall provide unaudited financial statements when due under the Rule and further shall provide audited financial statements for the applicable Fiscal Year to each NRMSlR and any SlD, when and if audited financial statements become available. If the City changes its Fiscal Year, it will notify each NRMSIR and any SID of the change (and of the date of the new Fiscal Year end) prior to the next date by which the City otherwise would be required to provide financial information and operating data pursuant to this Section. The financial 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 offedng document, if it is available from the MSRB) that theretofore has been provided to each NRMSIR and any SID or filed with the SEC. (b) Material Event Notices. The City shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any of the following events with respect to the Notes, if such event is material within the meaning of the federal securities laws: A. Principal and interest payment delinquencies; B. Non-payment related defaults; C. Unscheduled draws on debt service reserves reflecting financial difficulties; D. Unscheduled draws on credit enhancements reflecting financial difficulties; E. Substitution of credit or liquidity providers, or their failure to perform; F. Adverse tax opinions or events affecting the tax-exempt status of the Notes; G. Modifications to rights of holders of the Notes; H. Note calls; I. Defeasances; J. Release, substitution, or sale of property securing repayment of the Notes; and K. Rating changes. -11- 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 (a) of this Section by the time required thereby. (c) Limitations, Disclaimers, and Amendments. 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 Notes within the meaning of the Rule, except that the City in any event will give the notice required by subsection (b) of this Section of any Note calls and defeasance that cause the City no longer to be an "obligated person". The provisions of this Section are for the sole benefit of the holdem and beneficial owners of the Notes, and nothing in this Section, 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 notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or matedal to a complete presentation of the City's financial results, condition, or prospects or hereby undertake 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 in or sell Notes at any future date. U N DER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER OR BENEFICIAL OWNEROFANY NOTE ORANY OTHER PERSON, IN CONTRACTORTORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE CITY, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS 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. No default by the City in observing or performing its obligations under this Section shall constitute a breach of or default under this Ordinance for purposes of any other provision of this Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the City under federal and state securities laws. 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 requirements, a change in law, or a change in the identity, nature, status, or type of operations of the City, but only if (1) the provisions of this Section, as so amended, would have permitted an underwriter to purchase or sell Notes in the primary offering of the Notes in compliance with the Rule, taking into account any amendments or interpretations of the Rule to the date of such amendment, as well -12- as such changed circumstances, and (2) either (a) the holders 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 Notes consent to such amendment or (b) a parson that is unaffiliated with the City (such as nationally recognized bond counsel) determines that such amendment will not materially impair the interests of the holders and beneficial owners of the Notes. If the City so amends the provisions of this Section, it shall include with any amended financial information or operating data next provided in accordance with subsection (a) of this Section an explanation, in narrative form, of the reasons 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 raquirament 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 ara invalid, but only if and to the extent that the provisions of this sentence would not prevent an underwriter from lawfully purchasing or selling Notes in the primary offering of the Notes. Section 20. DEFEASANCE. (a) Deemed Paid. That the prindpal of and/or interest on and redemption premium, if any, on any Note shall be deemed to be paid, retired and no longer outstanding within the meaning of this Ordinance, except to the extent provided by subsection (d) of this Section, when payment of the principal of, redemption premium, if any, on such Note, plus interest thereon to the due date thereof (whether such due date be by reason of maturity, upon redemption, or otherwise) either (i) shall have been made or caused to be made in accordance with the terms thereof, or (ii) shall have been provided for by ir- ravocably depositing with, or making available to, a paying agent (or escrow agent) therefor, in trust and irrevocably set aside exclusively for such payment, (1) money sufficient to make such payment, (2) Defeasance Obligations, as hereinafter defined in this Section, certified by an indepandent public accounting firm of national reputation, to mature as to principal and interest in such amounts and at such times as will insure the availability, without rainvestment, of sufficient money to make such payment, and all necessary and propar fees, compensation, and expanses of such paying agent pertaining to the Notes with respect to which such deposit is made shall have been paid or the payment thereof provided for to the satisfaction of such paying agent, or (3) any combination of (1) and (2) above, and when (i) any raquirad notice of redemption has been given or irrevocable provisions for the giving of such notice shall have been made and (ii) proper arrangements have been made by the City with each such paying agent for the payment of its services until after all of the Notes so defeased shall have become due and payable. At such time as a Note shall be deemed to be paid hereunder, as aforesaid, it shall no longer be secured by or entitled to the benefit of this Ordinance or a lien on and pledge of the security granted in support of the payment of the Notes, and shall be entitled to payment solely from such money or Defeasance Obligations, and shall not be regarded as outstanding for any purposes other than payment, transfer, and exchange. (b) Retention of Rights. Notwithstanding the provisions of subsection (a), to the extent that, upon the defeasance of any Notes to be paid at maturity, the City retains the right, pursuant to Section 1207.033(c), Texas Govemment Code, to later call such Notes for redemption in accordance with the provisions thereof, the City may call such Notes for -13- redemption upon (1) in the proceedings providing for the defeasance of Notes, the City expressly reserves the right to call Notes for redemption, (2) the City giving notice of the reservation of that right to the owners of such Notes immediately following the establishment of the defeasance escrow, and (3) the City directing that notice of the reservation be included in any redemption notices that it may authorize, and upon satisfaction of the provisions of subsection (a) with respect to such Notes as though such Notes were being defeasad at the time of the exercise of the option to redeem such Notes and the effect of the redemption is taken into account in determining the sufficiency of the provisions made for the payment of such Notes. (c) Investments. Any escrow agreement or other instrument entered into bythe City and a paying agent pursuant to which the money and/or Defeasance Obligations are being held by such paying agent for the payment of such Notes may contain provisions permitting the investment or reinvestment of such moneys in Defeasance Obligations or the substitution of other Defeasance Obligations upon the satisfaction of the requirements specified in subsection (a)(i) or (ii). AIl income from all Defeasance Obligations in the hands of the paying agent pursuant to this Section which is not required for the payment of the Notes, the redemption premium, if any, and interest thereon, with respect to which such money has bean so deposited, shall be remitted to the City, or deposited as directed in writing by the City, and upon receipt of an opinion of bond counsel that such transfer is permitted under state law. (d) Federal Income Tax Consideration. The City covenants that no deposit will be made or accepted under subsection (a)(ii) of this Section and no use made of any such deposit which would cause such Notes to be treated as arbitrage bonds within the meaning of section 148 of the Code. (e) Defeasance Obligations. For the purpose of this Section, the term "Defeasance Obligations" shall mean (i) direct, noncallable obligations of the United States of America, including obligations that are unconditionally guaranteed by the United States of Amedca, (ii) noncallable obligations of an agency or instrumentality of the United States of Amedca, including obligations that are unconditionally guaranteed or insured by the agency or instrumentality and that, on the date the City adopts or approves proceedings authorizing the issuance of refunding bonds or, if such defeasance is not in connection with the issuance of refunding bonds, on the date the City provides for the funding of an escrow to effect the defeasance of the Notes, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent, and (iii) noncallable obligations of a state or an agency or a county, municipality, or other political subdivision of a state that have been refunded and that, on the date the City adopts or approves proceedings authorizing the issuance of refunding bonds or, if such defeasance is not in connection with the issuance of refunding bonds, on the date the City provides for the funding of an escrow to effect the defeasance of the Notes, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent. (f) Continuing Duty of Paying Agent/Registrar. Until all Notes defeasad under this Section of this Ordinance shall become due and payable, the Paying Agent/Registrar for such Notes shall perform the services of Paying Agent/Registrar for such Notes the same as if they -14- had not been defeased, and the City shall make proper arrangements to provide and pay for such services. Section21. SALEOFNOTES. That the sale ofthe NotestoZions First National Bank (the "Purchaser"), at a price of par, is hereby authorized, ratified and confirmed. One Note in the principal amount matudng on each maturity date as set forth in Section 2 hereof shall be delivered to the Purchaser, and the Purchaser shall have the right to exchange such Notes as provided in Section 5 hereof without cost. Section 22. TERMS INCORPORATED. That the terms defined in Exhibit A attached hereto are hereby incorporated by reference. Section 23. MISCELLANEOUS PROVISIONS. (a) Preamble. The preamble to this Ordinance shall be considered an integral part of this Ordinance, and is herein incorporated as part of the body of this Ordinance for all purposes. (b) Immediate Effect. This Ordinance shall be effective immediately from and after its passage in accordance with the provisions of Section 1201.028, Texas Government Code. (c) Open Meeting. It is hereby officially found and determined that the meeting at which this Ordinance was passed was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code, as amended. (d) Rules of Construction. 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 regulatory 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 mandatory sinking fund redemption payments as may be described herein. Any reference to FORM OF NOTE shall refer to the form attached to this Ordinance as Exhibit B. (e) Inconsistent Provisions. All orders and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed and declared to be inapplicable, and the provisions of this Ordinance shall be and remain controlling as to the matters prescribed herein. SIGNED AND SEALED THIS __ DAY OF _, 2002. Mayor, City of Corpus Chdsti, Texas City Secretary APPROVED: (SEAL) City Attorney "Chapter 1201" shall mean Chapter 1201, Texas Govemment Code. "Chapter 1431" shall mean Chapter 1431, Texas Government Code. "Authorized Denomination" shall mean Notes in the denomination of $5,000 or any integral multiple thereof. "Authorized Representative" shall mean one or more of the following officers or employees of the City, acting in concert or individually, to-wit: the City Manager, any Assistant City Manager, or such other officer or employee of the City designated in writing by the City Council to act as an Authorized Representative. "Bond Counsel" shall mean McCall, Parkhurst & Horton L. LP., or such other attomey or firm of attomeys of such are nationally recognized as having expertise in the practice of tax- exempt municipal finance law as approved by the City. "City" or "Issuer" shall mean the City of Corpus Christi, Texas. "City Council" shall mean the City Council of the Issuer, its governing body. "Code" shall mean the Intemal Revenue Code of 1986, as amended. "Fiscal Year" shall mean the twelve-month period ending July 31, or any consecutive twelve-month period declared by the City to be its risc. al year. "Interest and Sinking Fund" shall mean the "City of Corpus Christi, Texas Tax Notes Series 2002 Interest and Sinking Fund" established by this Ordinance. "MSRB" shall mean the Municipal Securities Rulemaking Board. "Notes" shall mean the "City of Corpus Chdsti, Texas, Tax Notes, Series 2002", issued in the aggregate principal amount of $2,050,000. The term "Notes" shall mean and include the Notes initially issued and delivered pursuant to this Ordinance (including the Initial Notes) and all substitute Notes exchanged therefor, as well as all other substitute Notes and replacement Notes issued pursuant to the Ordinance, and the term "Note" shall mean any of the Notes. "NRMSIR" shall mean each person whom the SEC or its staff has determined to be a nationally recognized municipal securities information repository within the meaning of the Rule from time to time. "Ordinance" shall mean the Ordinance adopted by the Issuer authorizing the issuance of the Notes. A-1 "Paying Agent/Registrar" shall mean JPMorgan Chase Bank. "Payment Date" shall mean each date interest or principal on the Notes shall be due and payable. "Purchase Agreement" shall mean the Note Purchase Agreement between the City and the Pumhaser, executed in connection with the sale and delivery of the Notes. "Registration Books" shall mean the books or records for the registration of the transfer and exchange of the Notes. "Rule" shall mean SEC Rule 15c2-12, as amended from time to time. "SEC" shall mean the United States Securities and Exchange Commission. "SID" shall mean any person designated by the State 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. "State" shall mean the State of Texas. A-2 EXHIBIT B NO. R- UNITED STATES OF AMERICA STATE OF TEXAS COUNTIES OF NUECES AND SAN PATRIClO CITY OF CORPUS CHRISTI, TEXAS TAX NOTE, SERIES 2002 PRINCIPAL AMOUNT $_ INTEREST RATE DATE OF MATURITY INITIAL DELIVERY DATE CUSIP NO. REGISTERED OWNER: PRINCIPAL AMOUNT: DOLLARS ON THE MATURITY DATE specified above, the CITY OF CORPUS CHRISTI, TEXAS, in Nueces County, Texas (the "Issuer"), being a political subdivision of the State of Texas, hereby promises to pay to the Registered Owner set forth above, or registered assigns (hereinafter called the "registered owner") the principal amount set forth above and interest thereon from the Date of Initial Delivery of this Note as set forth above, on 1, 2003 and on each 1 and 1 thereafter to the maturity date specified above, or the date fixed for redemption, at the interest rate per annum specified above; except that if the Paying Agent/Registrar's Authentication Certificate appearing on the face of this Note is dated later than 1,2003, such interest is payable on each 1 and 1 following such date. THE PRINCIPAL OF AND INTEREST ON this Note are payable in lawful money of the United States of America, without exchange or collection charges. The principal of this Note shall be paid to the registered owner hereof upon presentation and surrender of this Note at matudty or the date fixed for redemption pdor to maturity at the designated corporate trust office in Dallas, Texas of JPMorgan Chase Bank, which is the "Paying Agent/Registrar" for this Note. The payment of interest onthis Note shall be made by the Paying Agent/Registrar to the registered owner hereof on each interest payment date by check or draft, dated as of such interest payment date, drawn by the Paying Agent/Registrar on, and payable solely from, funds of the Issuer required by the Ordinance authorizing the issuance of this Note (the B-1 "Ordinance") to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided; and such check or draft shall be sent by the Paying Agent/Registrer by United States mail, first-class postage prepaid, on each such interest payment date, to the registered owner hereof, at its address as it appeared on the fifteenth day of the month next preceding each such date (the "Record Date") on the Registration Books kept by the Paying Agent/Registrar, as hereinafter described. Any accrued interest due at matudty shall be paid to the registered owner upon presentation and surrender of this Note for payment at the designated corporate trust office of the Paying AgentJRegistrar. IN THE EVENT of a non-payment of interest on a scheduled payment date, and for 30 days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the Issuer. Notice of the Special Record Date and of the scheduled payment date of the past due interest ("Special Payment Date", which shall be 15 days after the Special Record Date) shall be sent at least five business days pdor to the Special Record Date by United States mail, first class postage prepaid, to the address of each registered owner appearing on the registration books of the Paying Agent/Registrar at the close of business on the last business day next preceding the date of mailing of such notice. IF THE DATE for the payment of the principal of or interest on this Note shall be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the City where the designated corporate trust ofr~ce of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or dayon which banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the odginal date payment was due. THE ISSUER COVENANTS with the registered owner of this Note that on or before the principal and interest payment date for this Note it will make available to the Paying Agent/Registrar, from the "Interest and Sinking Fund" created by the Ordinance, the amounts required to provide for the payment, in immediately available funds, of all principal of and interest on the Notes, when due. THIS NOTE, dated as of ,2002, is one of the series of notes authorized by the Ordinance to be issued in the aggregate principal amount of $2,050,000. This Note, and the series of which it is a part, is authorized pursuant to Chapter 1431, Texas Government Code ("Chapter 1431"), and issued for the purpose of PAYING CONTRACTUAL OBLIGATIONS INCURRED OR TO BE INCURRED FOR THE PURCHASE OF A BUILDING FOR THE CITY'S AUTHORIZED NEEDS AND PURPOSES, THE CONSTRUCTION OF RENOVATIONS AND THE PURCHASE OF MATERIALS, SUPPLIES AND EQUIPMENT IN CONNECTION THEREWITH. This Note and the series of which it is a part is issued pursuant to the Ordinance passed and adopted by the City Council of the Issuer and duly recorded in the minutes of said City Council, as authorized by the Constitution and laws of the State of B-2 Texas, including Chapter 1431. ON ANY DATE, the Notes of this Series may be redeemed prior to their scheduled maturities, atthe option of the Issuer, with funds dedved from any available and lawful source, as a whole, or in part (provided that a portion of a Note maybe redeemed only in an integral multiple of $5,000), at the redemption price of par plus accrued interest to the date fixed for redemption. The years of maturity of the Notes called for redemption at the option of the Issuer prior to stated maturity shall be selected by the Issuer. The Notes or portions thereof redeemed within a maturity shall be selected at random and by lot by the Paying Agent/- Registrar;, provided, that during any period in which ownership of the Notes is determined only by a book entry at a securities depository for the Notes, if fewer than all of the Notes of the same maturity and bearing the same interest rate are to be redeemed, the particular Notes of such maturity and hearing such interest rate shall be selected in accordance with the arrangements between the Issuer and the securities depository. AT LEAST 30 days pdor to the date fixed for any such redemption, a wdtten notice of such redemption shall be given to the registered owner of each Note or a portion thereof being celled 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. 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 Note 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 mailed, and if due provision for such payment is made, all as provided above, this Note, or the portion hereof which is to be so redeemed, thereby automatically shall be redeemed pdor 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 dght of the registered owner to receive the redemption price plus accrued interest to the date fixed for redemption from the Paying AgentJRegistrar 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 Note or any portion hereof. Ifa portion ofany Note shall be redeemed a substitute Note or Notes having the same matudtydate, 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 unredeemed 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 Ordinance. B-3 ALL NOTES OF THIS SERIES are issuable solely as fully registered Notes, without interest coupons, in the denomination of any integral multiple of $5,000 (an "Authorized Denomination"). As provided in the Ordinance, this Note may, atthe request of the registered owner or the assignee or assignees hereof, be assigned transferred, converted into and exchanged for a like aggregate principal amount of fully registered Notes, without interest cou- pons, payable to the appropriate registered owner, assignee or assignees, as the case may be, having the same denomination or denominations in any Authorized Denomination as requested in writing by the appropriate registered owner, assignee or assignees, as the case may be, upon surrender of this Note to the Paying Agent/Registrar for cancellation, all in accordance with the form and procedures set forth in the Ordinance. Among other requirements for such assignment and transfer, this Note must be presented and surrendered to the Paying AgentJRegistrar, togetherwith the proper instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying AgentJRegistrar, evidencing assignment of this Note or any portion or portions hereof in any Authorized Denomination to the assignee or assignees in whose name or names this Note or any such portion or portions hereof is or are to be registered. The form of Assignment printed or endorsed on this Note 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/Regis- trar may be used to evidence the assignment of this Note or any portion or portions hereof from time to time by the registered owner. In the case of the assignment, transfer, conversion or exchange of a Note or Notes or any porlion or portions thereof, the reasonable standard or customary fees and charges of the Paying Agent/Registrar will be paid by the Issuer. In any circumstance, any taxes or govemmental charges required to be paid with respect thereto shall be paid by the one requesting such assignment, transfer, conversion or exchange, as a condition precedent to the exercise of such privilege. The Paying Agent/Registrar shall not be required (i) to make any such transfer, conversion or exchange during the period beginning at the opening of business 30 days before the day of the first mailing of a notice of redemption and ending at the close of business on the day of such mailing, or (ii) to transfer, convert or exchange any Notes so selected for redemption scheduled to occur within 30 calendar days; provided, however, such limitation of transfer shall not be applicable to an exchange by the registered owner of an unredeemed balance of a Note called for redemption in part. IN THE EVENT any Paying Agent/Registrar for the Notes is changed by the Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the 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 Notes. IT IS HEREBY CERTIFIED AND REPRESENTED that this Note 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 Note have been performed, existed and been done in accordance with law; that this Note constitutes an obligation of said Issuer; and that annual ad valorem taxes sufficient to provide for the payment of the interest on and principal of this Note, as such interest comes due and such principal matures, have been levied and ordered to be levied against all taxable B-4 property in said Issuer, and have been pledged from the Issuer's annual ad valorem tax for such payment, within the limits prescribed by law. Reference is made to the Ordinance for a mom complete description of the Issuer's obligation to provide for the payment of the principal of and interest on the Notes. By acceptance of this Note, the registered owner expressly assents to all provisions of the Ordinance. IN WITNESS WHEREOF, the Issuer has caused this Note to be signed with the manual or facsimile signature of the Mayor of said City, and attested with the manual or facsimile signature of the City Secretary and the official seal of the Issuer has been duly affixed to, or impressed, or placed in facsimile, on this Note. City Secretary City of Corpus Christi, Texas (sianature) Mayor, City of Corpus Christi, Texas (SEAL) B-5 FORM OF ASSIGNMENT ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto Please insert Social Secudty or Taxpayer Identification Number of Transferee (Please pdnt or typewrite name and address, including zip code of Transferee) the within Note and all rights thereunder, and hereby irrevocably constitutes and appoints , attorney, to register the transfer of the within Note on the books kept for registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a member 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 Note in every particular, with-out alteration or enlargement or any change whatsoever. B-6 FORM OF PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATF PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE It is hereby certified that this Note has been issued under the provisions of the Ordinance described in the text of this Note; that this Note has been duly authenticated; and that this Note has been issued in exchange for or replacement of a note, notes, or a portion of a note or notes of an issue, the proceedings pursuant to which such issue was authorized were approved by the Attorney General of the State of Texas. Dated: JPMORGAN CHASE BANK Dallas, Texas Paying Agent/Registrar By Authorized Representative FORM OF COMPTROLLER'S REGISTRATION CERTIFICATF' (only to accompany the Initial Notes to be delivered at dosing to the purchaser thereof) OFFICE OF COMPTROLLER STATE OF TEXAS REGISTER NO. Ithemby certify that this Note has been examined, certified as to validity, and approved by the Atfomey General of the State of Texas and that this Note has been registered by the Comptroller of Public Accounts of the State of Texas. Witness my signature and seal this Comptroller of Public Accounts of the State of Texas (SEAL) B-7 Exhibit C to Ordinance DESCRIPTION OF ANNUAL FINANCIAL INFORMATION The following information is referred to in Section 14 of this Ordinance. Annual Financial Statements and Operating Data The financial information and operating date with respect to the City to be provided annually in accordance with such Section are as specified below: The information described in the tebles "Debt Payable Eom Taxes", "General Fund Revenues", "General Expenses", "Ad Valorem Taxes", "Municipal Hotel Occupancy Taxes", "Solid Waste Operations", and "The Tax Increment Financing Act"; and The "Combined Financial Stetements of the City of Corpus Christi, Texas", commencing with 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 in paragraph 1 described above, as such principles may be changed from time to time to comply with state law or regulation. C-1 THE STATE OF TEXAS : COUNTIES OF NUECES AND SAN PATRIClO : CITY OF CORPUS CHRISTI : I, Armando Chapa, City Secretary of the City of Corpus Christi, in the State of Texas, do hereby certify that I have compared the attached and foregoing excerpt from the minutes of the regular, open, public meeting of the City Council of the City of Corpus Chdsti, Texas held on ,2002, and of Ordinance No. .which was duly passed at said meeting, and that said copy is a true and correct copy of said excerpt and the whole of said ordinance. In testimony whereof, I have sat my hand and have hereunto affixed the seal of said City of Corpus Christi, this day of ,2002. (SEAL) City Secretary of the City of Corpus Christi, Texas 22 CITY COUNCIL AGENDA MEMORANDUM December 10, 2002 AGENDA ITEM: Appropriating $2,050,000 from the sale of City of Corpus Christi, Texas Tax Notes, Series 2002 in the No. 5110 Maintenance Services Fund for purpose of paying contractual obligations incurred or to be incurred for the renovations of the former Frost Bank Building (creation of Emergency Operations Command Center and One Stop Development Center) and for purchase and installation of City Hall chillers; transferring $508,880 to the No. 3160 City Hall CIP Fund to reimburse funds trans£ecred under Ordinance 025051 for the One Stop Development Center; amending Ordinance No. 024974 which adopted the FY 2002-2003 Operating Budget by increasing appropriations by $2,050,000 ISSUE: The City has several short-term funding requirements for the One Stop Developm~nt Center and City Hall chiller system. After consultations with the City's financial advisors and bond counsel, it was determined that the most advantageous method o£ funding would be the issuance of short-term tax notes. BACKGROUND: In an effort to provide enhanced level of services for emergency operations and development services, the City entered into a lease/purchase agreement for the former Frost Bank at the Leopard/Port St. intersection. The building already houses Fire Department Administration and the new Emergency Operations Center. Remaining work is for finish out of the first floor as the new One Stop Development Center. The original lease agreement provided for a $500,000 allowance from Frost Bank to the City for improvements and an additional $500,000 short-term loan for this purpose was subsequently issued as well. In addition to funding the balance of improvements needed, this new loan of $2,050,000 will replenish funds used to pay the existing loan and reimburse City Hall CIP funds spent to issue the most recent construction contract. Finally, the air chillers at City Hall are in need of emergency replacement. Following is a summary of the use of funds to be appropriated: Amount $ 508,880 Use Reimburse Fund 3160 for funds used to issue recent DS&S Construction for One Stop Center construction $336,736 Finish out and furnishing of One Stop Center $500,000 Reimbursement of funds used to pay offFmst Bank short-term loan $704,384 $2,050,000 City Hall Chillers and associated project costs RECOMMENDATION: Approval of Ordinance as submitted. Mark L.-1V[~Daniel Director of Management and Budget O~in~ce X ORDINANCE APPROPRIATING $2,050,000 FROM THE SALE OF CITY OF CORPUS CHRISTI, TEXAS TAX NOTES, SERIES 2002 IN THE NO. 5110 MAINTENANCE SERVICE FUND FOR PURPOSE OF PAYING CONTRACTUAL OBLIGATIONS INCURRED OR TO BE INCURRED FOR THE RENOVATIONS OF THE FORMER FROST BANK BUILDING (CREATION OF EMERGENCY OPERATIONS COMMAND CENTER AND ONE STOP DEVELOPMENT CENTER), AND FOR PURCHASE AND INSTALLATION OF CITY HALL CHILLERS; TRANSFERRING $508,880 TO THE NO. 3160 CITY HALL CIP FUND TO REIMBURSE FUNDS TRANSFERRED UNDER ORDINANCE 025051 FOR THE ONE STOP DEVELOPMENT CENTER; AMENDING ORDINANCE NO. 024974 WHICH ADOPTED THE FY 2002-2003 OPERATING BUDGET BY INCREASING APPROPRIATIONS BY $2,050,000; AND DECLARING AN EMERGENCY SECTION 1. That $2,050,000 fi.om the sale of City of Corpus Christi, Texas Tax Notes, Series 2002 is appropriated in the No. 5110 Maintenance Service Fund for contractual obligations incurred or to be incurred for the renovations of the former Frost Bank Building (creation of Emergency Operations Command Center and One Stop Development Center) and for purchase and installation of City Hall Chillers; transferring $508,880 to No. 3160 City Hall CIP Fund to reimburse funds transferred under Ordinance No. 025051 for the One Stop Development Center. SECTION 2. That Ordinance No. 024974 which adopted the FY 2002-2003 Operating Budget is amended by increasing appropriations by $2,050,000. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter role that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of _, 2002. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Legal form approved James R. Bray, Jr. City Attomey By: Lisa Aguilar Assistant City Attorney Samuel L. Neal, Jr. Mayor ,2002 23 AGENDA MEMORANDUM DATE: December 10, 2002 SUBJECT: City Hall Chiller Replacement - Phase 1 2002 - Project No. 4214 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a construction contract in the amount of $559,214.00 with Malek Inc., of Corpus Christi for the City Hall Chiller Replacement - Phase 1 2002. FUNDING: Funds for this project are available from proceeds from Frost Bank appropriated by a proeeding agenda item. RECOMMENDATION: Approval of the motion as presented. ~i~'Davis Maintenance Services Superintendent ~Q~__~ngel R. Escobar, P. E. Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Project Budget Exhibit "C' Bid Tab Summary Exhibit "D" Location Map H:/HOME/KEVINS\GEN/CITYHALL~HVAC\^AWOMEMO,DOC ADDITIONAL INFORMATION BACKGROUND: The existing cooling system consists of two gas absorption chillers supplying chilled water to variable air volume (VAV) air handlers. The chilled water system consists of two 243-ton Hitachi gas fired absorption chillers. While the equipment is properly sized, the current system is incapable of meeting cooling demand. A January 2001 evaluation by Bath Engineering found the chillers were producing only 80% (194- tons) of the designed capacity. The reduced cooling was due to several factors relating to the age of the equipment. The factors include: 1. reduced pump efficiencies from the absorbers; 2. deteriorated and damaged tubes; and 3. tube foiling. The system is increasingly subject to unanticipated failures. City Hall does not have an alternative ventilation system, and is reliant on proper operation of the HVAC system. PRIOR COUNCIL ACTION: July 24, 2001 - Approval of the FY2001-2002 Annual Budget, Ordinance No. 024528. April 23, 2002 - Motion authorizing the City Manager, or his designee, to execute an engineering services contract with Bath Engineering in the amount of $96,900 for replacement and upgrade of the City Hall Heating Ventilation and Air Conditioning Chillers and Control System (Project No. 4270). PRIOR ADMINISTRATIVE ACTION: May 22, 2002 - Award of Amendment No. 1 providing for engineering services with Bath Engineering to be phased with a Phase I chiller replacement fee of $54,000 and a Phase 2 allowance fee of 42,900 for HVAC distribution, control systems and terminal unit repair/replacement modifications. FUTURE COUNCIL ACTION: Award of a construction contract for HVAC distribution, control systems and terminal unit repair/replacement modifications. PROJECT DESCRIPTION: The project will result in the replacement of two (2) existing 243 natural gas absorption water chillers with one (1) 250 ton natural gas absorption water chiller and one (1) 200 ton natural gas absorption chiller with necessary controls, electrical, pumps, and piping modifications. This configuration will allow for improved efficiency in addressing base and peak cooling load requirements. Gas absorption technology is well established, and has improved substantially since the units being replaced were installed. The two replacement units are capable of 200 and 250 ton each. This will allow a "lead-lag" operation of chiller usage based on demand. The new units are also capable of operating between 30 and 100 percent of the rated capacity. EXHIBIT "A" J Page 1 of 2 BID INFORMATION: The City received and opened four bids on October 2, 2002. The bids ranged from a Iow bid of $559,2'14 to $729,000. See Bid Tab - Exhibit C. The bids are lump sum, but include the cost of rental of a temporary, portable chiller to maintain cooling for City Hall for a period of ten ('10) weeks. The cost of rental will be paid only for the duration required by the project. The Iow qualified bid was submitted by Malek Inc., of Corpus Christi, Texas. FUNDING: Funding is available from loan proceeds previously appropriated. EXHIBIT "A" I Page 2 of 2 City Hall Chill Replacement - Phase 1 PROJECT BUDGET December 10, 2002 -2002 ESTIMATED Fiscal Year 2001-02 Maintenance Service Fund $ 54,000.00 Fiscal Year 2002-03 Maintenance Service Fund 650,384.00 Total $ 704,384.00 Construction Cost (Malek, Inc.) $ 559,214.00 Construction Contingencies 55,900.00 AE Consultant - Phase 1 (Turner Engineers F¥2001-02) 54,000.00 Construction Inspection 16,770.00 Testing N.A. Engineering Reimbursements 12,500.00 Administrative Reimbursements 3,000.00 Incidental Expenses (Printing, Advertising, etc.) 3,000.00 Total $ 704,384.00 EXHIBIT "B" 1 Page I of 1 TABULATION OF BIDS DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY:'Angel R. Escobar, P. E. Director of Engineering Services DATE Oct. 7, 2002 TIME OF COMPLETION: 210 Calendar Days Page 1 of 1 ENGINEER'S ESTIMATE: $760,000 City Hall Chiller Replacement Phase 12002 (Project No. 4214) Malik Inc. 2521 Antelope CC, TX 78408 Miller & Miller PO Box 260609 CC, TX 78426-0609 Columbia Contracting 20380 FM 2252 San Antonio, TX 78266 International Mech Sew 1454 Gardina San Antonio, TX 78266 D DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT ITEM Chiller Replacement: This item consists of A. the removal and replacement of two (2) natural gas absorptions chillers 1 LS 396,480.00 340,000.00 404,740.00 450,000.00 Piping and Pumping: This item consists of the removal of the existing chill water pumps, the removal of a specified amount of B. chill water piping, the installation of the new piping and the installation of new constant speed primary and variable speed secondary pumps. 1 LS 55,600.00 122,000.00 104,723.00 103,000.00 Electrical and Controls: This item consists of the removal of existing electrical wiring and C equipment associated with the removal of existing chillers and pumps, the installations of the wire necessary for the new chillers, pimps, VFD's, and controls. 1 LS 74,874.00 75,000.00 111,839.00 77,000.00 Chiller Rental: This item consists of the cost D. associated with the rental of a temporary, portable chiller to maintain cooling for City Hall for a period of 10 weeks. 1 LS 32,260.00 100,000.00 76,000.00 99,000.00 LTOTAL BASE BID (Items A+B+ C+ D) $ 559,214.00 $ 637,000.00 I $ 697,302.00 I .-- � $ 729,000.00 Exhibit C Page 1 of 1 File : ~ Mproject \ councilexhibits \ exh 4 214.dwg NUECES BAY N PROJECT LOCATION LOCATION ~,/lAP NOT TO SCALE CORPUS CHRISTI BAY P(3r Ben Garzc Park N CT_TY PROJECT NO. 4214 VICINITY MAP NOT TO SCALE EXHZBZT "D" CITY HALL CHILLER REPLACEMENT- PHASE I 2002 CITY OF CORPUS CHRISTI, TEXAS CZTY COUNCZL EXHZBZT ~ DE~RTMENT OF ENGINEERING SER~CES PAGE: I of I ~.-- DATE: 12- 10-2002 ~ 24 CITY COUNCIL AGENDA MEMORANDUM December 10, 2002 AGENDA ITEM: Resolution approving Morgan Stanley & Co., Incorporated as dealer for the City's Utility System Commercial Paper Note Program, Series B, and authorizing the City Manager to negotiate a dealer agreement with said firm. ISSUE: The City's adopted Capital Improvement Program uses a commercial paper short term borrowing financing strategy. The City issued a Request for Proposals (RFP) for commercial paper dealers through its financing advisor, M. E. Allison on October 21,2002. Nine responses were received. A review of the proposals was conducted by City Staff and M. E. Allison. Based on the criteria listed in the RFP, it is staff's recommendation that the firm of Morgan Stanley & Co., Incorporated, represented by Barry Adair and Richard Weiss be appointed as the commercial paper dealer for the City, according to the terms of their proposal at a rate of four (4) basis points as their fee. The City received 8 responses from interested firms on November 1, 2002 to serve as commercial paper dealer. After staffs review of the proposals with M. E. Allison & Co., Inc., the City's financial advisor, we recommend the firm of Morgan Stanley to serve as commercial paper dealer for the new $75,000,000 City of Corpus Christi, Texas Utility System Commercial Paper Notes, Series B Morgan Stanley has underwritten $175,500,000 in Utility System Bonds for the City since 1999 including the Mary Rhodes Pipeline and has helped develop the Utility System Model the City currently uses. Morgan Stanley currently serves as remarketing agent for $507 billion of outstanding commercial paper world wide, $7.7 billion of which is "pure" tax-exempt commercial paper or exempt variable rate demand notes that trade in a commercial paper mode, of which approximately $2.5 billion is currently outstanding. In the State of Texas, Morgan Stanley serves as a dealer for a number of tax~ exempt commercial paper programs, including a $ 500 million program for Dallas Fort-Worth International Airport, a $200 million program for the Harris County Flood Control District, a $150 million program for the Harris County Toll Road Authority, and a $100 million program for Rice University. Morgan Stanley has maintained an office in Austin dedicated solely to public finance since 1987. The firm has 32 retail offices in Texas, staffed with 642 financial advisors managing nearly 230,000 accounts with total assets in access of$16.3 billion, including $2.0 billion in directly- held municipal bonds. REQUIRED COUNCIL ACTION: Approval of the Resolution approving Morgan Stanley & Co., Incorporated as dealer for the City's Utility System Commercial Paper Note Program, Series B, and authorizing the City Manager to negotiate a dealer agreement with said firm. FUTURE COUNCIL ACTION: * Resolution authorizing publication of Notice of Intent to Issue $75,000,000 New Money, Current and Advance Refunding Bonds to be sold. * Ordinance approving the sale of $75,000,000 New Money, Current and Advance Refunding Bonds. RECOMMENDATION: City Staff recommends the approval of the Resolution approving Morgan Stanley & Co., Incorporated as dealer for the City's Utility System Commercial Paper Note Program, Series B, and authorizing the City Manager to negotiate a dealer agreement with said firm. Director of Financial Services RESOLUTION APPROVING MORGAN STANLEY & CO. INCORPORATED AS DEALER FOR THE CITY'S UTILITY SYSTEM COIVlMERCIAL PAPER NOTE PROGRAM, SERIES B, AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE A DEALER AGREEMENT WITH SAID FIRM WHEREAS, the City Council has determined to implement a commercial paper program to provide interim financing for additions, improvements and extensions to City's Utility System in an aggregate principal amount at any one time outstanding not to exceed $75,000,000 (the "Program"); and WHEREAS, upon reviewing responses to a Request for Proposals distributed by the City and its financial advisor to investment banking firms to serve as "Dealer" for the commercial paper notes to be sold under the Program, staff recommends to the City Council that Morgan Stanley & Co. Incorporated be retained to serve as Dealer for the Program; NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: Section 1. The City Manager is hereby directed to negotiate and present to the City Council for approval an agreement with Morgan Stanley & Co. Incorporated to serve as Dealer for the Program on such terms as are mutually satisfactory to the City and Morgan Stanley & Co. Incorporated, with the fee of Morgan Stanley & Co. Incorporated to serve as Dealer to be no greater than four basis points (0.04%) per annum based on the average daily principal amount of commercial paper notes outstanding under the terms of the Program. Section 2. The City Manager is further directed to proceed with the preparation of all other relevant documentation to present to the City Council for approval to implement the Program. 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 Agailar Assistant City Attorney 25 AGENDA MEMORANDUM DATE: December 10, 2002 SUBJECT: ON Stevens Water Treatment Plant Wash Water System, Phase 2 (Filter Drain, Yard Piping, Filter to Waste) Project. (Project #8375) AGENDAITEM: Motion authorizing the City Manager, or his designee, to execute a construction contract with Laughlin-Thyssen, Inc. for a total fee not to exceed $8,920,125 for the ON Stevens Water Treatment Plant Wash Water System, Phase 2 (Filter Drain, Yard Piping, Filter to Waste) Project. ISSUE: Improvements to the Wash Water System under this project include the addition of a new Wash Water Pump Station, enhancements to the instrumentation and controls, filter to waste drain, and yard piping which will result in improved filter performance and compliance to new Texas Commission on Environmental Quality (TCEQ) regulations. FUNDING: Funds for this project are available in the Water Department's FY 2001-2002 Capital Improvement Budget. RI COMMEND~ ) ~rdo Garafit ~,TION: Staff recommends approval of the motion as presented. Director of Water Operations p-,~t'z-'Angel R. Escobar, P. E., Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Project Budget Exhibit"C" Bid Tab Summary Exhibit "D" Location Map H:\HOME\LYNDAS\GEN\WATER\O.N. Stevens Water Treain~nt Plant\8375 - Wash Water System, Phase 2~Vlcmorandum.doc AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: ON Stevens Water Treatment Plant Wash Water System, Phase 2 (Filter Drain, Yard Piping, Filter to Waste Project - #8375) PRIOR COUNCIL ACTION: September 9, 1997 - Approval of motion to amend Section 4 of the Master Water Plan (Motion 97-246). September 9, 1997 - Approval of amendment of the City of Corpus Christi Comprehensive Plan by amending the Master Water Plan, Ordinance No. 023050; December 14, 1999 - Motion authorizing the City Manager, or his designee, to execute an engineering services contract with Smith, Russo & Mercer in the amount of $143,000 for the ON Stevens Water Treatment Plant High Service Pump Building No. 2 Pump Modifications (Electrical, Mechanical, Instrumentation Systems Upgrade) and ON Stevens Water Treatment Plant Wash Water System Phase 1, Filters 1 - 22 Rehabilitation. (Motion No. 990422) May 9, 2000 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to an engineering services contract with Smith Russo & Mercer in the amount of $214,100 for the ON Stevens Water Treatment Plant Wash Water System Phase 1, Filters 1 - 22 Rehabilitation stage two design work. (Motion No. M2000-135) November 14, 2000 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 3 to an engineering services contract with Smith Russo & Mercer in the amount of $1,640,814 for the ON Stevens Water Treatment Plant High Service Pump Building No. 2 Pump Modifications (Electrical, Mechanical, Instrumentation Systems Upgrade) and ON Stevens Water Treatment Plant Wash Water System Phase 2 (Filter Drain, Yard Piping and Wash Water Filter to Waste) and Phase 3 (Elevated Storage Tanks). (Motion No. M2000-401) PRIOR ADMINISTRATIVE ACTION: September 22, 2000 - Administrative approval of Amendment No. 2 to an engineering services contract with Smith Russo & Mercer in the amount of $14,000 for the ON Stevens Water Treatment Plant High Service Pump Building No. 2 Pump Modifications (Electrical, Mechanical, Instrumentation Systems Upgrade) and ON Stevens Water Treatment Plant Wash Water System Phase 1, Filters 1 - 22 Rehabilitation for hydraulic profiles. H :~HO ME~LYNDAS~GEN~WATER\O.N. STEVENS WATER TREATMENT PLANTt8375 o WASH WATER SYSTEM, PHASE 21BACKGROUND.DOC I EXHIBIT "A" Page 1 of 3 2. November 7, 2001 - Administrative approval of Amendment No. 4 to an engineering services contract with Smith Russo & Mercer in the amount of $19,990 for the ON Stevens Water Treatment Plant High Service Pump Building No. 2 Pump Modifications (Electrical, Mechanical, Instrumentation Systems Upgrade). 3. December 10, 2001 - Administrative approval of Amendment No. 5 to an engineering services contract with Smith Russo & Mercer in the amount of $14,990 for the ON Stevens Water Treatment Plant Wash Water System Phase 1, Filters 1 - 22 Rehabilitation project. 4. Au,qust 19, 2002 - Administrative approval of Amendment No. 6 to an engineering services contract with LNV, Inc. d.b.a., Smith, Russo & Mercer in the amount of $16,500 for the ON Stevens Water Treatment Plant High Service Pump Building No. 2 Pump Modifications (Electrical, Mechanical, Instrumentation Systems Upgrade) for inspection services. 5. September 13, 2002 - Administrative approval of Amendment No. 7 to an engineering services contract with LNV, Inc., d.b.a. Smith Russo & Mercer in the amount of $15,500 for the ON Stevens Water Treatment Plant Wash Water System Phase 2 (Filter Drain, Yard Piping and Wash Water Filter to Waste) for additional design services. BACKGROUND INFORMATION: Filter backwashing procedures at the O.N. Stevens Water Treatment Plant are critical to maintaining optimum performance by the filter. An original wash water tank, constructed in 1954 currently provides service to the plant's original twelve filters, as well as ten additional filters constructed in1982. Improvements to the Wash Water System under this project includes the addition of a new Wash Water Pump Station, enhancements to the instrumentation and controls, filter to waste drain, and yard piping which will result in improved filter performance and compliance to new TNRCC regulations. PROJECT DESCRIPTION: This project consists of installation of a 60-inch drain line and associated junction boxes, manholes, and slide gates; Wash Water Supply Pump Station and associated 72-inch supply and 42-inch discharge piping, valves, and sluice gate; Wash Water return Pump Station and associated 16-inch force main piping, valves, meter vaults, and slide gates; 24- and 20-inch Filter to Waste piping, valves, and meter vaults; cable trays and electrical, SCADA and instrumentation. Also included in this project is the installation of cleaning monitors for Sedimentation Basins No. 3 and 4, re-route of 6-inch plant water piping around Sedimentation basins 3 and 4, and replacement of weir plates in secondary Sedimentation Basins I and 2; in accordance with the plans, specifications and contract documents. BID INFORMATION: This project consists of a base bid and one additive alternate. The City received proposals from four contractors on October 23, 2002. The bids for the base bid and additive alternate No. 1 ranged from: $ 8,878,038.31 to $ 10,927,000.00 H:IHOME~YN DA$\GEN~WATER~O N. STEVENS WATER TREATMENT PLANT~375 - WASH WATER SYSTEM, PHASE 2~EACKGROUNO.DOC Page 2 of 3 The engineer's estimate for this project is $8,632,000.00. The Iow bid, from Holloman Corporation of Converse, Texas, was deemed to be non- responsive due to the failure of the contractor to execute the bid bond. Therefore, City Staff and the City's Engineering Consultant, LNV, Inc. d.b.a. Smith, Russo & Mercer, recommend that a construction contract be awarded to the lowest responsive bidder in the amount of $8,920,125 to Laughlin-Thyssen, Inc. of Houston, Texas. CONTRACT TERMS: The contract specifies that the project will be completed in 660 calendar days, with completion anticipated by October 2004. FUNDING: Funds for this project are available from the FY 2001 - 2002 Water Capital Improvement Budget. H:\HO M E~LYNDAS\GEN~WATERIO.N. STEVENS WATER TREATMENT PLANT~8375 - WASH WATER SYSTEM, PHASE 2~BACKGROUND.DOC EXHIBIT "A" Page 3 of 3 ON STEVEN WATER TREATMENT PLANT WASH WATER SYSTEM PHASE 2 (Filter Drain, Yard Piping, Filter to Waste) Project No, 8375 PROJECT BUDGET December 10, 2002 FUNDS AVAILABLE: IWater ClP Fund I $ 10,932,758 FUNDS REQUIRED: Total Construction Contract (Lau~hlin-Thyssen) $ 8,920,125 Contingencies 892,000 Consultant/Smith Russo & Mercer) 1,007,404 Testing {Rock Engineering) 13,529 En~ineedn~ Reimbursement 44,600 Administrative Reimbursement 44,600 Printing/Advertising 10,500 Total Estimated Budget $ 10,932,758 EXHIBIT "B" J Page 1 of 1 TABULATION OF BIDS Page 1 of 10 DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY. -Angel R. Escobar, P.E., Director of Engineering Services DATE. October 23, 2002 TIME OF COMPLETION: 660 Calendar Days ENGINEERS ESTIMATE: $8,632,000.00 O.N. Stevens Water Treatment Plant Wash Water System Phase 2 (Filter Drain, Yard Piping, Filter To Waste) Laughlin -Thyssen, Inc. 1320 Boules Street Houston, TX 77020 aalco, Inc. P.O. Box 27368 Houston, TX 77227 Cajun Constructors, Inc. P.O. Box 4 Baton Rouge, LA 70821 Holloman Corporation 13730 I-10 East Converse, TX 78109 (NON-RESPONSIVE) DESCRIPTION QTY. UNIT UNIT PRICK AMOUNT OBIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICK AlMOOem Exploratory excavation (Hydro -Excavation), including reports, Per A - 47 of the Special Provisions and Technical A-1 Specification 2300 1 LS $250,000.00 $250,000.00 $250,000.00 $250,000.00 $400,000.00 $400,000.00 $250,510.72 $250,510.72 Mobilization not to exceed A-2 3% of Total Bid 1 IS $200,000.00 $200,000.00 $270,000.00 $270,000.00 $2,569,750.00 $2,569,750.00 $7B4O56.84 $78,058.84 Trench safety for A-3 excavations 4,420 LF $1.00 $4,420.00 $1.00 $4,420.00 $100.00 $442,000.00 $2.72 $12,022.40 Installation of Plant Drain Line, laterals, and associated appurtenances including: Drain line (either 60" concrete steel cylinder, or 60" reinforced concrete pipe Junction boxes (Junction Boxes No. 1, 4, and 5 can be cast -in- place or precast concrete boxes, all others shall be cast - in -place) Slide gates for Junction Boxes 2&3 Manholes, grate inlet, and existing drainage tie-ins Outfall structure (either concrete liner or articulated concrete mattress) Fitter -to -waste tie-ins A-4 1 LS $2,115,000.00 $2,115,000.00 $2,000,000.00 $2,000,000.00 $300,000.00 $300,000.00 $2,321,500.00 $2,321,500.00 SHEET SUB -TOTAL: $2,569,420.00 $2,524,420.00 $3,711,750.00 $2,662,091.96 EXHIBIT "C" Page 1 of 10 TABULATION OF BIDS Page 2 of 10 DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: 'Angel R. Escobar, P.H., Director of Engineering Services DATE: October 23, 2002 TIME OF COMPLETION: 660 Calendar Days ENGINEER'S ESTIMATE: $8,632,000.00 O.N. Stevens Water Treatment Plant Wash Water System Phase 2 (Filter Drain, Yard Piping, Filter To Waste) Laughlin -Thyssen, Inc. 1320 Boules Street Houston, Tx 77020 Jalco, Inc. P.O. Box 27368 Houston, M 90220 Cajun Constructors, Inc. P.O. Box 4 Baton Rouge, LA 70821 Holloman Corporation 13730 I-10 East Converse, TX 90109 (NON-RESPONSIVE) DESCRIPTION QTY. UNIT UNIT PRIM AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT OMIT PRICE AMOUNT Installation of Filter -to- Waste piping including: 20" and 24" ductile iron piping Fittings, valving, and metering equipment Meter Vaults Ductile Iron S Steel Filter Effluent Piping A-5 and appurtenances 1 LS $1,484,000.00 $1,484,000.00 $1.700,000.00 $1,700,000.00 $111001000.00 $1,100,000.00 $918,227.02 $918,227.02 A-6 Fire Hydrant Assembly 2 LS $3.500.00 $7,000.00 $2,800.00 $5,600.00 $2,200.00 $4,400.00 $1,723.41 $3,446.82 A-7 Removal of 12" Waterline 790 LF $20.00 $15,800.00 $5.00 $3,950.00 $5.00 $3,950.00 $29.68 $23,447.20 A-$ Install 12" Waterline 980 LP $32.00 $31,360.00 $55.00 $53,900.00 $33.00 $32,340.00 $46.96 $46,020.80 A-9 12" 90° Bend 2 EA $294.00 $588.00 $300.00 $600.00 $385.00 $770.00 $299.16 $598.32 A-10 12" 45° Bend 22 EA $56.00 $1,232.00 $200.00 $4,400.00 $315.00 $6,930.00 $221.85 $4,880.70 12" Gate Valve W1 Box and A-11 Concrete Collar 6 EA $1,100.00 $6,600.00 $1,300.00 $7,800.00 $1,700.00 $10,200.00 $1,178.06 $7,068.36 A-12 12" Tee 4 EA $175.00 $700.00 $330.00 $1,320.00 $490.00 $1,960.00 $277.98 $1,111.92 A-13 12"x6" Reducer 2 EA $74.00 $148.00 $150.00 $300.00 $175.00 $350.00 $182.67 $365.34 SHEET SUB - TOTAL: I I I $1,547,428.00 $1,777,870.00 $1,160,900.00 $1,005,166.48 EXHIBIT "C" Page 2 of 10 TABULATION OF BIDS Page 3 of 10 DEPARTMENT OF SNGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: -Angel R. Escobar, P.B., Director of Engineering Services DATE: October 23, 2002 TINE OF COMPLETION: 660 Calendar Days ENGINEER'S ESTIMATE: $8,632,000.00 O.N. Stevens Water Treatment Plant Wash Water System Phase 2 (Filter Drain, Yard Piping, Filter To Waste) Laughlin -Thyssen, Inc. 1320 Boules Street Houston, TX 77020 Jalco, Inc. P.O. Box 27368 Houston, IT 77227 Cajun Constructors, Inc. Holloman Corporation P.O. Box 4 13730 I-10 East Baton Rouge, LA 70821 Converse, M 78109 (NON-RESPONSIVE) DESCRIPTION OTY. OMT OMT PRICE AMOUNT OBIT PRICE AMOUNT OMIT PRICE AMOUNT OMIT PRICE AMOUNT Installation of Structural Steel, Concrete, and related items including excavation for: Sludge Handling Motor Control Center (MCC) Foundation Cable Tray Supports and Foundations Concrete Transformer Pad Meter Vaults Sidewalks Pipe rack extension including associated A-14 piping reroute 1 IS $287,000.00 $287,000.00 $560,000.00 $560,000.00 $400,000.00 $400,000.00 $505,097.21 $505,067.21 Installation of Structural Steel, Concrete, and related items including excavation for Wash Water Supply Pump Station A-15 Building and foundation 1 LS $500,000.00 $500,000.00 $490,000.00 $490,000.00 $700,000.00 $700,000.00 $386,172.54 $386,172.54 Installation of structural steel, concrete, and related items including excavation for Wash Water Return Pump Station Structure and Foundation A-16 1 IS $230,000.00 $230,000.00 $170,000.00 $170,000.00 $200,000.00 $200,000.00 $191,592.02 $191,592.02 installation of temporary casings for drilled piers, j as required due to soil I A-17 conditions 20 EA $216.00 $4,320.00 $200.00 $4,000.00 $200.00 $4,000.00 $196.05 $3.921.00 SHEET SUB -TOTAL: $1,021,320.00 $1,224,000.00 $1,304,000.00 $1,086,772.77 EXHIBIT "C" Page 3 of 10 TABULATION OF BIDS Page 4 of 10 DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: -Angel R. Escobar, P.B., Director of Engineering Services DATE: October 23, 2002 TIME OF COMPLETION: 660 Calendar Days ENGINEER'S ESTIMATE: $8,632,000.00 O.N. Stevens Water Treatment Plant Wash Water System Phase 2 (Filter Drain, Yard Piping, Filter TO Waste) Laughlin -Thyssen, Inc. 1320 Boules Street Houston, Tx 77020 Jalco, Inc. P.O. Box 27368 Houston, Tx 77227 Cajun Constructors, Inc. P.O. Box 4 Baton Rouge, LA 70821 Holloman Corporation 13730 I-10 East Converse, IT 78109 (NON-RESPONSIVE) DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT REIT PRICE ANOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT Installation of electrical power system including: Sludge Handling MCC Cable, Wire, Enclosures, and Grounding Transformers, Controllers, and switches Cable Trays and Poles and associated electrical appurtenances from High Service 41/Wash Water MCC to the Wash Water Supply Pump Station and Sludge Handling MCC, and demolition and removal of the obsolete existing electrical power system A-18 and accessories 1 LS $563,000.00 $563,000.00 $600,000.00 $600,000.00 $995,000.00 $995,000.00 $1,133,833.32 $1,133,833.32 Installation of Wash Water Supply Pump Station piping, equipment, and appurtenances including: 20" discharge piping for each pump 42" steel discharge header Fittings, Valving, and Metering Equipment 72"x72" stainless steel A-19 sluice gate 1 LS $212,000.00 $212,000.00 $260,000.00 $260,000.00 $225,000.00 $225,000.00 $168,184.67 $168,184.67 SHEET SUB -TOTAL: $775,000.00 $860,000.00 $1,220,000.00 $1,302,017.99 EXHIDIT "C" Page 4 of 10 TABULATION OF BIDS Page 5 of 10 DEPARTMENT OF 'ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: -Angel R. Escobar, P.S., Director of Engineering Services DATE: October 23, 2003 TI11B OF COMPLETION: 660 Calendar Days ENGINEER'S ESTIMATE: 68,632,000.00 O.N. Stevens Water Treatment Plant Wash Water System Phase 2 (Filter Drain, Yard Piping, Filter TO Waste) Laughlin -Thyssen, Inc. 1320 Boules Street Houston, TX 77020 Jalco, Inc. P.O. Box 27366 Houston, TX 77227 Cajun Constructors, Inc. P.O. Box 4 Baton Rouge, LA 70821 Holloman Corporation 13730 I-10 East Converse, TX 78109 (NON-RESPONSIVE) DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT MIT PRICE AMOUNT MIT PRICE AMOUNT Installation of new Wash Water Piping and associated appurtenances including: 42" and 30" ductile iron or steel pipiing Fittings and Valving 30" eccentric plug Valve (Rate of Flow Control Valve) Venturi Meter These items shall be installed between the Wash Water Supply Pune Station discharge header and the existing 42" Wash Water Piping at the south end of A-20 the Filter Building No. 2 1 LS $364,000.00 $364,000.00 $560,000.00 $560,000.00 $325,000.00 $325,000.00 $331,139.79 $331,139.39 Installation of Wash Water Supply Piping and related items including: 72" Concrete Steel f Cylinder Piping Fittings from the Clear Well interconnect piping to the proposed Wash Water Supply - A-21 Pun¢ Station 1 LS $324,000.00 $324,000.00 $500,000.00 $500,000.00 $700,000.00 $700,000.00 $261,162.61 $261,162.61 Install 72" Butterfly A-22 Valves 2 EA $49,000.00 $98,000.00 $80,000.00 $160,000.00 $60,000.00 $120,000.00 $57,969.58 $115,939.16 Install Wash Water Supply Pure Station pump including mount and related items as per A-23 specifications 3 EA $49,000.00 $147,000.00 $80,000.00 $240,000.00 $70,000.00 $210,000.00 j $62,669.06 $188,007.18 SHEET SUB -TOTAL: $933,000.00 $1,460,000.00 $1,355,000.00 $896,248.74 EXHIBIT "C" Page 5 of 10 TABULATION OF BIDS Page 6 of 10 DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: 'Angel R. Escobar, P.R., Director of Engineering Services DATE: October 23, 2002 TIME OF COMPLETION: 660 Calendar Days EFOINEER'S ESTIMATE: $8,632,000.00 O.N. Stevens Water Treatment Plant Wash Water System Phase 2 (Filter Drain, Yard Piping, Filter TO Waste) Laughlin -Thyssen, Inc. 1320 Boules Street Houston, TX 77020 Jalco, Inc. P.O. Box 27368 Houston, TX 77227 Cajun Constructors, Inc. P.O. Box 4 Baton Rouge, LA 90821 Holloman Corporation 13730 I-10 East Converse, TX 78109 (NON-RESPONSIVE) DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT Install 200 HP Motor, Mount, and related items for Wash Water Supply Pump Station pumps as per A-24 specifications 3 EA $18,000.00 $54,000.00 $30,000.00 $90,000.00 $27,000.00 $81,000.00 $30,006.50 $90,019.50 Installation of new Wash Water Return Pump Station piping and appurtenances including: Fittings, Valving, Piping A-25 Slide Gates 1 LS $57,000.00 $57,000.00 $80,000.00 $80,000.00 $75,000.00 $75,000.00 $56,308.54 $56,308.54 Installation of Wash Water Return Pump Station discharge piping and appurtenances including: 16" PVC and ductile iron piping Valves, Fittings, and Metering Equipment Chain Link Fence Modifications Concrete Pad for Pipe on Presedimentation Basin berm Outfall Structure A-26 (Concrete) 1 LS $244,000.00 $244,000.00 $130,000.00 $130,000.00 $100,000.00 $100,000.00 $146,301.93 $146,301.93 Install Wash Water Return Pump Station 40 HP submersible pumps and related items as per A-27 specifications 3 EA $191000.00 $57,000.00 $30,000.00 $90,000.00 $35,000.00 $105,000.00 $25,682.92 $77,048.76 SHEET SUB -TOTAL: $412,000.00 $390,000.00 $361,000.00 $369,678.73 EXHIBIT "C Page 6 of 10 TABULATION OF BIDS Page 7 of 10 DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: 'Angel R. Escobar, P.E., Director of Engineering Services DATE. October 23, 2002 TIME OF COMPLETION: 660 Calendar Daye ENGINERR'S ESTIMATE: $8,632,000.00 O.N. Stevens Water Treatment Plant Wash Water System Phase 2 (Filter Drain, Yard Piping, Filter TO Waste) Laughlin -Thyssen, Inc. 1320 Boules Street Houston, TX 77020 Jalco, Inc. P.O. Box 21368 Houston, TX 77227 Cajun Constructors, Inc. Holloman Corporation P.O. Box 4 13730 I-10 East Baton Rouge, LA 70821 Converse, TX 78109 (NON-RESPONSIVE) DESCRIPTION QTY. LIMIT OMIT PRICE AMOUNT GAIT PRICE maim UNIT PRICE AMOUNT UNIT PRICE AMOUNT A-28 Embankment 500 CY $24.00 $12,000.00 $14.00 $7,000.00 $15.00 $7,500.00 $16.85 $8,425.00 A-29 Street Excavation 270 SY $16.00 $4,320.00 $9.00 $2,430.00 $5.00 $1,350.00 $43.71 $11, BO1. 70 A-30 6" Lime Treated Sub Grade 720 SY $5.50 $3,960.00 $11.00 $7,920.00 $7.00 $5,090.00 $5.45 $3,924.00 A-31 8" Limestone Flexible Base 690 SY $17.00 15,130.00 $17.00 15,130.00 $17.00 15,130.00 9.8 8,722.00 A-32 Prime Coat 120 GAL $3.20 384.00 $5.00 600.00 $5.00 600.00 2.23 267.60 A-33 Seal Coat 720 BY $2.50 11800.00 $5.00 3,600.00 $1.50 1,080.00 .22 158.40 A-34 2" Type D HMAC 650 SY $7.50 4,875.00 $14.00 9,100.00 $10.00 6,500.00 8.71 5,661.50 A-35 Pavement Repair 250 SY $32.40 81100.00 $46.00 11,500.00 $60.00 15,000.00 38.12 9.530.00 Remove Concrete Driveway east of the blower between the North and South Filter Buildings and replace with new concrete driveway and tie into existing curb and A-36 gutter 1 LS $9,300.00 9,300.00 $6,500.00 6,500.00 $1,500.00 1,500.00 11632.41 11,632.41 A-37 Install 6" 0 B011ard 28 EA $240.00 6,720.00 1700A0 19,600.00 $365.00 ( 10,220.00 j 735.19 ' 20,585.32 SHEET SUB -TOTAL: 66,589.00 83,380.00 63,920.00 80,707.93 EXHIBIT "C" Page 7 of 10 TABULATION OF BIDS Page 8 of 10 DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY, 'Angel R. Escobar, P.E., Director of Engineering Services DATE, October 23, 2002 TIER OF COMPLETION. 660 Calendar Days ENGINEER'S ESTIMATE, $8,632,000.00 O.N. Stevens Water Treatment Plant Wash Water System Phase 2 (Filter Drain, Yard Piping, Filter To Laughlin -Thyssen, Inc. 1320 Soules Street Houston, TX 77020 Jalco, Inc. P.O. Box 27368 Houston, TX ]722] Cajun Constructors, Inc. P.O. Box 4 Baton Rouge, LA 70821 Holloman Corporation 13730 I-10 East Converse, TX 78109 Waste) (NON-RESPONSIVE) DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT Removal of existing elevated Wash Water Tank, existing Wash Water Pumps, 36" Inlet Piping, 42" Outlet Piping, Foundations to 2' below natural ground, and provide blind A-38 flange at existing ROFCV 1 LS $82,000.00 $82,000.00 $60,000.00 $60,000.00 $65,000.00 $65,000.00 $55,777.27 $55,]]7.27 A-39 Install silt fence 5,640 LF $2.00 $11.280.00 $2.00 $11,280.00 $3.00 $16,920.00 $1.91 $10,772.40 A-40 Block Sodding 2,300 SY $2.40 $5,520.00 $4.00 $9,200.00 $2.20 $5,060.00 $3.81 $8,763.00 A-41 Bermuda Seeding 500 SY $1.10 $550.00 $2.00 $1,000.00 $0.90 $450.00 $0.38 $190.00 Installation of new instrumentation, controls, metering equipment, related instrumentation/control appurtenances, SCADA, PLC hardware and systems A-42 integration 1 LS $1,014,000.00 $1,014,000.00 $1.150,000.00 $111501000.00 $1,150,000.00 $1,150,000.00 $807,080.20 $807,090.20 Mandatory SCADA Documentation allowance A-43 for Bid Item A-42. 1 IS $142,000.00 $142,000.00 $142,000.00 $142,000.00 $142,000.00 $142,000.00 $142,000.00 $142,000.00 SHEET SUB - TOTAL: $1,255,350.00 $1,373,480.00 $1,379,430.00 $1,024,582.87 TOTAL BASH BID litems A -1 tbru A-43), $8,580, 10].00 $9,693,150.00 $10,556,000.00 $8,42],26).4] EXHIBIT "C', Page 8 of 10 TABULATION OF BIDS Page 9 of 10 DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY, Angel R. Escobar, P.E., Director of Engineering Services DATE, October 23, 2002 TIME OF COMPLETION, 660 Calendar Days ENGINBER-S ESTIMATE: $8,632,000.00 O.N. Stevens Water Treatment Plant Wash Water System Phase 2 (Filter Drain, Yard Piping, Filter To Waste) Laughlin -Thyssen, Inc. 1320 Boules Street Houston, TX 77020 Jalco, Inc. P.O. Box 27368 Houston, TX 99229 Cajun Constructors, Inc. P.O. Box 4 Baton Rouge, LA 90821 Holloman Corporation 13730 I-10 East Converse, TX 98109 (NON-RESPONSIVE) DESCRIPTIOM QTY. DMT UNIT PRICE AMOOMT OMIT PRICE AMOUNT WIT PRICK AMOUM OMIT PRICE AMOOMT Removal of 6" Waterline that is overhanging Sedimentation Basins No. 3 AA -1 and 4 1980 LF $12.00 $23,760.00 $6.00 $11,880.00 $5.00 $9,900.00 $6.56 $12,986.80 Install 6" Waterline at Sedimentation Basins No. 3 AA -2 and 4 2200 LF $42.00 $92,400.00 $35.00 $77,000.00 $31.00 $68,200.00 $19.60 $43,120.00 AA -3 6"-22.50 Bend 32 RA $42.50 $1,360.00 $80.00 $2,560.00 $115.00 $3,600.00 $224.29 $7,177.28 AA -4 6"-45° Bend 8 EA $36.00 $288.00 $80.00 $640.00 $115.00 $920.00 $227.65 $1,821.20 AA -5 6"-900 Bend 18 EA $54.50 $981.00 $90.00 $1,620.00 $125.00 $2,250.00 $235.48 $4,238.64 AA -6 6" Tee 6 EA $109.00 $654.00 $110.00 $660.00 $245.00 $1,470.00 $298.15 $1,788.90 AA -7 6" Gate Valve 5 EA $715.00 $3,575.00 $460.00 $2,300.00 $860.00 $4,300.00 $890.85 $4,454.25 Fire Hydrant Assembly, including tee, valves 6 AA -8 risers 2 EA $3,500.00 $7,000.00 $3,000.00 $6,000.00 $2,400.00 $4,800.00 $2,619.35 $5,238.70 Install Sedimentation Basin Cleaning Monitore, Valves, Fittings, Piping, Platforms, and related AA -9 items 1 LS $58,000.00 $58,000.00 $80,000.00 $80,000.00 $80,000.00 $80,000.00 $152,988.48 $152,988.48 Break out section of wall to enlarge opening in the secondary mixing tank to allow increase in flow AA- between Sedimentation 10 HAsine 3 and 4 1 LB $3,500.00 $3,500.00 $4,000.00 $4,000.00 $2,000.00 $2,000.00 $4,347.06 $4,347.06 SHEET SCS -TOTAL; 191,518.00 186,660.00 177,520.00 ` 238,163.31 r`V m- „... Page 9 of 10 TABULATION OF BIDS Page 10 of 10 DEPARTMENT OF ENQINEERINO - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: 'Angel R. Escobar, P.R., Director of Engineering services DATE: October 23, 2002 TIME OF COMPLETION, 660 Calendar Days ENGINEER'S ESTIVATE: $8,632,000.00 O.N. Stevens Water Treatment Plant Wash Water System Phase 2 (Filter Drain, Yard Piping, Filter To Waste) Laughlin -Thyssen, Inc. 1320 Boules Street Houston, TX 77020 Salco, Inc. P.O. Box 27368 Houston, TX 77227 Cajun Constructors, Inc. P.O. Box 4 Baton Rouge, LA 70821 Holloman Corporation 13730 I-30 East Converse, TX 98109 (NON-RESPONSIVE) DESCRIPTION QTY. DNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE ANOINT UNIT PRICE AMOUNT Install new weir plates in AA- secondary sedimentation 11 basins 1 and 2 Install 7'x7.5' Sluice 1 LS $25,000.00 $25,000.00 $20,000.00 $20,000.00 $12,000.00 $12,000.00 $15,296.12 $15,296.12 Gate at secondary mixing AA- tank for sedimentation 12 basins 1 and 2 1 BA $31,000.00 $31,000.00 $22,000.00 $22,000.00 $25,000.00 $25,000.00 $19,499.44 $19,499.44 Install 41x5- Sluice Gate at secondary mixing tank AA- for sedimentation basins 1 13 and 2 2 SA $13,500.00 $27,000.00 $121000.00 $24,000.00 $12,000.00 $24,000.00 $17,325.91 $34,651.82 Install hose reels, 21- "water waterpiping, valves, fittings and remove chipped plaster from AA- Filter Building No. 1 14 overhangs 1 IS $26,500.00 $26,500.00 $20,000.00 $20,000.00 $20,000.00 $20,000.00 $28,289.85 $28,209.85 Install conduit, wiring, and electric actuators for 16" sludge valves (gate AA- valves) in sedimentation 15 basins 3 and 4 1 LS $39,000.00 $39,000.00 $45,000.00 $45,000.00 $112,480.00 $112,480.00 $114,870.30 $114,870.30 SHEET SUR -TOTAL: 148,500.00 1311000.00 193,480.00 212,607.53 TOTAL ADDITIVE ALTERNATIVE M. 1 (Stoma AA -1 thru AA -151, 340,010.00 317,660.00 371,000.00 450, J70.04 TOTAL EASE BID • TOTAL ADDITIVE ALTXW TIVE M. 1 8,920,125.00 10,0101810.00 10,927,000.00 8,878,038.31 EXHIBIT "C" Page 10 of I O 0. N. STEVENS WATER TREATMENT PLANT 13101 UP RIVER ROAD N N6`res NUECES BAY Ufa Cou011' SIIawlF-ZI 3I gl qq�� CHRISTI BAY C.C.I. AIRPORT LOCATION MAP NOT TO SCALE ELEVATED STORAGE TANK / PROP 24" j SECONDARY 1` PROP 24" LEGEND —••� WASTEWATER LINE —•—•— WATER PROJECT # 8375 SECONDARY SETTING BASIN SECONDARY SETTING BASIN TREATMENT BASIN EXISTING ' TMENT BASIN SOUTH TEXAS WATER ;.D.G. AUTHORITY PUMP STATION NORTHWEST BOOSTER ON HIG4CI. PROP EXISTING TMENT BASIN CLEARWELL i IJ PROP WASH WATER PUMP STATION WASH WATER 60" DRAINLINE I PARTIAL PLAN VIEW O.N. STEVENS WATER TREATMENT PLANT NOT TO SCALE EXHIBIT "D" Stevens Plant Wash Water System CITY COUNCIL EXHIBIT Filter Drain, Yard Piping, Wash PAGE: 1 of 1 Water Filter to Waste (WW=FWj, DEPARTMENT OF ENGINEERING SERVICES Phase 2 CITY OF CORPUS CHRISTI, TEXAS DATE. 12/03/2002 oi'pus Christi