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HomeMy WebLinkAboutAgenda Packet City Council - 03/04/2003 (J)CITY COUNCIL AGENDA City of Corpus Christi March 4, 2003 12:00 noon - Joint Meeting of the City Council and the Crime Control and Prevention Distric~ Quarterly Update to discuss the proposed FY2003-2004 Budget and to provide an update of the Crime Control District Projects. (ia floor Conference Room) 1:45 p.m. Proclamation declaring March 2 - 8, 2003 as "Severe Weather Awareness Week" AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 120t LEOPARD MARCH 4, 2003 1:00 P.M. PUBLIC NOTICE- THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 5:30 p.m. or at the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes, ff you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si ud. Desea dirlgirse al Concilio y cree que su ingl~s es limitado, habr& un int&rprete ingl&s-espai~ol en todas las juntas del Concilio para ayudade. Persons with disabilities who plan to a~end this meeting and who may need auxiliary aids or services ara requested to contact the City Secretary's office (at 361-880-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Samuel L. Neal, Jr. to call the meeting to order. Invocation to be given by Father Benjamin Bemier, Providence Reformed Episcopal 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 Officem. Mayor Samuel L. Neal, Jr. Mayor Pro Tem John Longoda Council Members: Brent Chesney Javier D. Colmenero Henry Gan'eft Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott Acting City Manager George K. Noe __ Acting City Attorney R. Jay Reining City Secretary Armando Chapa Agenda Regular Council Meeting March 4, 2003 Page 2 E. MINUTES: Approval of Joint Meeting of February 11, 2003 and Regular Meeting of February 18, 2003. (Attachment # 1) F. BOARDS & COMMITTEE APPOINTMENTS: (NONE) G. EXPLANATION OF COUNCIL ACTION; For administrative convenience, certain of the agenda items ara listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure ratherthan a ~wo 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 raconsidered item. CONSENT AGENDA Notice to the Public The following items ara 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 raquidng separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS. RESOLUTIONS. ORDINANCES AND ORDINANCE~ FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration) Motion authorizing the Acting City Manager or his designee to execute Change Order No. 5 with King-Isles, Inc. of Corpus Christi, Texas in the amount of $40,000 for the Wastewater Force Main Repair / Replacement 30" Force Main Line B (Wooldridge Lift Station). (Attachment # 2) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting March 4,2003 Page 3 3.5. Motion authorizing the Acting City Manager or his designee to execute Amendment No. 11 to the Engineering Services Contract with Shiner, Moseley and Associates, Inc. of Corpus Christi, Texas in the amount of $140,400 for the Seawall Reconstruction Project. (Attachment # 3) Motion authorizing the Acting City Manager or his designee to execute Change Order No. 6 with Laughlin Environmental, Inc. of Houston, Texas in the amount of $167,785 for the Seawall Reconstruction Project. (Attachment # 3) Motion authorizing the Acting City Manager or his designee to execute Ratification of Amendment No. 2 to the Consultant Contract with Bath Engineering Group of Corpus Christi, Texas in the amount of $7,890 for a total re-stated contract amount of $32,710 for the Padre Island Pump Station Valve Automation and Instrumentation Project. (Attachment # 4) Motion authorizing the Acting City Manager or his designee to execute Change Order No.43 with the Texas Department of Transportation in the amount of $631,812.15 for the realignment of water and wastewater utilities as part of the Spur 3, Phase 2 Ennis Joslin Road construction contract in accordance with the Advance Funding Agreement. (Attachment # 5) Motion authorizing the Acting City Manager or his designee to execute a consultant contract with ECMS, Inc. of Corpus Christi, Texas in the amount of $60,500 for management of contractor claim and utility construction inspection for the Spur 3, Phase 2 Project. (Attachment # 5) Motion authorizing the Acting City Manager or his designee to execute a Right-of-Way Easement Agreement with The Nature Conservancy of Texas, Inc., for the dght of ingress and egress in connection with the Rincon Diversion Project. (Attachment # 6) Motion authorizing the Acting City Manager or his designee to execute a Right-of-Way Easement Agreement with The Nature Conservancy of Texas, Inc., for the dght of ingress and egress in connection with the Allison Wastewater Diversion Project. (Attachment # 6) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting March 4,2003 Page 4 10. 11. 12.a. Motion authorizing the Acting City Manager or his designee to execute a Software Maintenance and Support agreement with PeopleSoft USA, Inc. of Pleasanton, California in the amount of $38,740 for twelve (12) months of PeopleSoft software maintenance support based on sole source. (Attachment # 7) Motion authorizing the Acting City Manager or his designee to execute a Software Maintenance and Support agreement with PeopleSoft USA, Inc. of Pleasanton, California in the amount of $201,625.73 for twelve (12) months of PeopleSoft software maintenance support based on sole source. (Attachment # 8) Motion authorizing the Acting City Manager to execute an amendment to the legal services agreement with Mary Potter of Mathews & Branscomb to assist the City of Corpus Christi with various legal issues related to the City of Corpus Christi's Health Plan, at an hourly rate of $340. (Attachment # 9) Resolution authorizing the resale of fifteen (15) properties, listed on the attached Exhibit A, which were foreclosed by Nueces County for failure to pay ad valorem taxes and miscellaneous liens. Resale of these properties will be at a minimum bid equal to prices listed on the attached Exhibit A. (Attachment # 10) Ordinance authorizing the Acting City Manager or his designee to execute a Use Privilege Agreement with Nueces County Appraisal District, for the right to construct, operate, maintain and remove a raised concrete front entry approximately 5'0" in width by 25'0" in length by 4'7" in height, within a city public right-of-way (sidewalk area) adjacent to the building located at 201 N. Chaparral Street; and waiving the fee of $1,250 in consideration for the assistance that the Appraisal District provides at no cost to the City of Corpus Christi; and requiring the Nueces County Appraisal District to comply with the specified conditions. (Attachment # 11) Ordinance appropriating $2,473.10 from the Unappropriated Interest Earnings from the 2001 Museum Capital Improvement Bond Fund No. 3261 into Fund No. 3261 for project enhancements for Bond Issue 2000 Projects; amending Capital Budget adopted by Ordinance No. 025144 by increasing appropriations by $2,473.10. (Attachment # 12) CITY COUNCIL PRIORITY ISSUES (Refer to lage~d at the end of the agenda summary) Agenda Regular Council Meeting March4,2003 Page 5 12.b. 12.c. 12.d. 13. 14.a. 14.b. Ordinance appropriating $160,664.48 from the Unappropriated Interest Eamings from the 2001 Pad( and Recreation Capital Improvement Bond Fund No. 3288 into Fund No. 3288 for project enhancements for Bond Issue 2000 Projects; amending Capital Budget adopted by Ordinance No. 025144 by increasing appropriations by $160,664.48. (Attachment # 12) Ordinance appropriating $244,844.93 from the Unappropriated Interest Eamings from the 2001 Public Health and Safety Capital Improvement Bond Fund No. 3358 into Fund No. 3358 for project completion of Bond Issue 2000 Projects; amending Capital Budget adopted by Ordinance No. 025144 by increasing appropriations by $244,844.93. (Attachment # 12) Ordinance appropriating $362,320.02 from the Unappropriated Interest Earnings from the 2001 Street Capital Improvement Bond Fund No. 3640 into Fund No. 3640 for the project completion of Bond Issue 2000 Projects; amending Capital Budget adopted by Ordinance No. 025144 by increasing appropriations by $362,320.02. (Attachment # 12) First Reading Ordinance - Amending the Code of Ordinances Chapter 53 Traffic, Section 53-64, Project Eligibility Requirements and Design Standards, by adding discretionary language to the Guidelines for Location of Traffic Calming Devices. (Attachment # 13) Motion to amend pdor to Second Reading to reflect the speed limit change. (Attachment # 14) Second Reading Ordinance - Amending Code of Ordinances Section 53-254, Schedule V, Increase of State Speed Limit in Certain Zones, by revising the speed limits on the following street sections: (First Reading - 2/25/03) (Attachment # 14) On Saratoga Boulevard, (S.H. 357); revising the existing speed limits to the following: 55 mph from Old Brownsville Road (F.M. 665) to Ayers Street (S.H. 286) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting March 4,2003 Page 6 50 mph to 45 mph from Ayers Street (S.H. 286) to Rodd Field Road (S.H. 357) except a portion where school zone flashes are displayed indication 30 mph On Rodd Field Road, (S.H. 357); revising the existing speed limits to the following: 55 mph to 45 mph from Holly Road to the centedine of Saratoga Boulevard (S.H. 357); providing for penalties. I. PUBLIC HEARINGS: (NONE) J. PRESENTATIONS: 15. Comprehensive Annual Financial Report (CAFR) for the Fiscal Year Ended July 31, 2002. (Attachment # 15) K. REGULAR AGENDA CONSIDERATION OF MOTIONS. RESOLUTIONS, AND ORDINANCES: (NO REGULAR ITEMS) (RECESS REGULAR COUNCIL MEETING) L. CORPORATION MEETING: 16. CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION (Attachment # 16): AGENDA CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORA TION Date: Tuesday, March ~ 2003 Time: Du~fng the meeting of the City Council beginning at 1:00p.m. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting March 4, 2003 Page 7 Location: City Council Chambers City of Corpus Chdsti 1201 Leopard Street Corpus Chdsti, Texas 78401 1. President Rex A. Kinnison calls the meeting to order. 2. Secretary Armando Chapa calls mil Board of Directors Officers Rex A. Kinnison, Pres. Javier Colmenem, Vice Pros. Brent Chesney Henry Garrett Bill Kelly John Longo#a Samuel L. Neal, Jr. Jesse Noyola Mark Scott VACANT, Gen. Mgr. Armando Chapa, Secretary Mary Juarez, Asst. Secretary Lee Ann Dumbauld, Treasurer Constance Sanchez, Asst. Treasurer 3. Approve minutes of August 27, 2002. 4. Appointment of General Manager. 5. Public Comment. 6. Adjournment (RECONVENE REGULAR COUNCIL MEETING) CITY COUNCIL PRIORITY I~.SUES (Re, er to legend at ~ end of the agenda summary) 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 THF COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASF 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 end state your name and address, ff you have a petition or o~her information pertaining to your subject, please present it to the City Secretary.) Agenda Regular Council Meeting Mamh 4,2003 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 17. 18. 19. Si usted se dirige a la junta y cree que su ingios es limitado, habr~ un int~rprete ingl~s-espat~ol en la reuniOn de la junta para ayudade. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time durfng the meeting in order to discuss any matters listed on the agenda, when autho#zed 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 authotfzing the executive session will be publicly announced by the presiding office. Executive session under 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 under Texas Government Code Sections 551.071,551.072 and 551.087 regarding the South Whad' Project in the Corpus Christi Marina, with possible discussion and action related thereto in open session. Executive session under Texas Government Code Sections 551.071, 551.072, and 551.087 regarding acquisition and development of a site for a minor league baseball stadium in the Arena/Convention Center/Port of Corpus Christi area, location of a professional baseball franchise in the facility, and possible real estate agreements with the Port of Corpus Christi Authority and RSR Sports implementing the stadium, with possible discussion and action related thereto in open session. Agenda Regular Council Meeting March 4,2003 Page 9 20. 21. 22. Executive session under Texas Government Code Section 551.071 for legal advise regarding potential litigation relating to a discrimination complaint filed by a City employee with the Texas Commission of Human Rights, Susan Cable v. City of Corpus Christi, TCHR Complaint No. 1A30036-S/EEOC Complaint No. 31CA300081, with possible discussion and action related thereto in open session. Executive session under Texas Government Code Sections 551.071 regarding Police Contract negotiations, with possible discussion and action thereto in open session. Executive session under Texas Government Code Sections 551.071 regarding Larry Young et al v. City of Corpus Christi, No. 01-647-C, 94~ District Court, Nueces County, Texas, and Mary Collins et al v. City of Corpus Christi, No. 01-646-C, 94"~ District Court, Nueces County, Texas, with possible discussion and action in open session. REPORTS: The following reports include questions by Council to Staff regarding City policies or activities; request by Council for information or reports from Staff; reports of activities of individual Council members and Staff; constituent 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. 23. CITY MANAGER'S REPORT 24. 25. * Upcoming Items MAYOR'S UPDATE COUNCIL AND OTHER REPORTS CITY COUNCIL PRIORITY ISSUES (Refer to legend at Ifle end of ~e agenda summary) P. ADJOURNMENT: Agenda Regular Council Meeting March 4, 2003 Page 10 POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at ~.m., February 28 ,2003. 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 scbeduled council meetings. Iftechnlcal problems occur, the agenda will be uploaded on the Intemat 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 [ ~CONTINUING PRIORITY ISSUES Al~'l~rg ! ~wail / Convm~tion Center / Arena · Continue quarterly reporting process for these initiatives. '~6 Bond.hue Imurovements · Update status on Senior Centers. · Provide commilllication on completion of these projects (e.g. "Report to the Community"). · Continue community involvement on issues such as Leopard Street improvements. Pr~v#qimstlon / Re-lgnmlneerlne Clearly define '~~" ~ '~~b" · M~e ~isiom m~g pfivaf~afion ~ re~g ~ ~ ne~ 12-24 mon~ ~ E~b~ ~ m id~ w~t ~ ~ ~ ~nnot ~ p~va~. Con~ f~ on ~ ~ain~ce. Fimmee · Maintain the 5-year forecast model. · Review the August 1 budget adoption deadline. Crime Control and Prevention · Continue implementation of the Community Policing initiative. · Establish date for Crime Control and Prevention District election~ Continue City participation in Youth Oppommities United and other youth crime initiatives, · Address concerns related to employee compensation and benefits, including health insurance. · Work W coordinate Police and Fire health benefits with those of other City employees Economic Develooment Sales Tax * Establish election date. NgW HHORITY INITIATIVES AND ISSUES City staff wtll develop and present to City Council action/implementation plans for the following prtor#y Desalination Pilot Project *Code Enforcement in Trazhy Neighborhoods *Employee Classification Study Ma stet Drainage Plan Garwood Water *New Golf Course *Charter Revision with Specific Charge(s) *More Funding for Economic Development *Fire and Police Contracts New Funding Sources / Plan for Inner City Improvements Improve Permitting Process (online / customer service) Padre Island Development Plan Downtown / South Central Development Plan (marina, t-heads, breakwater) Housing Emphasis / Process (older neighborhoods, working class neighborhoods) **Road Projects Southside Traffic Plan Storm Water Utility · Recomid~r implem~ntntion plan f~r a Storm Water Utility. Packerv Channel · ~onlinue qus~ly repom on the prolg~s of th~ TIF and Beach Restoration Project. Lamiflll · Continue to evaluate the effieiancy and effectiveness of operations. Examine alternatives for solid waste l~__ans~omellt system, including privatization. Continue regular updates and expansion of the City's web site, including individual council · Establish target date for online pemfi~g process. Commlmi~.ate brush pickup via e-mail. CDBG · Continue active role. · Lease and complete renovation Implement current island annexation plan ADA Tr~stfioa Pisa · Develop and approve ADA Transition Plan within 90 days. · Develop Council.approved redistricting plan for the City of Corpus Christi Iudustrial IRstriet Contraet · Review Industrial DisUict conaacts and determine date for approval ~ouaetl Action ltmm · Staff completes action requests in a timely manner. CRv / County H~th Issues · Continue discussions with County to determine structure and process for the most effective and efficient delivery of health services ~ 9f CC Museum and Columbus Shim · Continue to develop marketing plans for the Museum of Science and History and the Columbus Fleet Relationships with Other Oovernm~mts Development Initiative Pa~ages *Park Rehabilitation *Leopard Street Curbs and Gutters Economic Development gnmmit and Post-Summit Meeting$ Agnes-Laredo Corridor Market (st~lies, plans) *Solid waste / Pickup Base Closures **Northwest Libra~ No.side Development Plan Traffic Controls (chiseling, studying on/off ramps on SPID) *Five Points Ambulance Effh.~nt Plan for Leopard Mediar~ RTA--Publi¢ Improvements Arts and Sciences Park Plan sudset item " ** Capital Improvement Program Item bllNUTES JOINT MEETING OF THE CORPUS CHRISTI CITY COUNCIL AND CONVENTION AND VISITORS BUREAU BOARD OF DIRECTORS City Hall - Sixth Floor Conference Room February 11, 2003 - 12:00 p.m. P~SE~ CITY COUNCIL Mayor Samuel L. Neal Jr. Mayor Pro Tern John Longofia Javier Cohnenero Brent Chesney(Arrived at 12:15 p.m.) Henry Garrett (Arrived at 12:40 p.m.) Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott CONVENTION AND VISITORS BUREAU Be~ Quintanilla, Chairman Vangie Chapa Tomas Duran Cristina Garza Bill Goin Bill Morgan Govind Nadkami Jody Patel Lillian Riojas Tom Schmid Dan Viola City Staff Acting City Manager George Noe Acting City Attomey Jay Reining City Secretary Armando Chapa ABSENT CONVENTION AND VISITORS BUREAU Victor Gonzalez Brad Lomax Dave Prewitt Linda Routh John Trice Mayor Neal called the meeting to order at 12:10 p.m. City Secretary Chapa checked the roll and verified that there were quorums of both the Council and the Convention and Visitors Bureau (CVB) Board of Directors. CVB Chairman Bert Quintanilla called on Mr. Wayne Bennett, CEO of the CVB to present the Fourth Quarter report and the 2002 Year End Review. Mr. Bennett reported that this year marked the CVB's fifteenth anniversary. During the fourth quarter, several events of note took place, including the grand opening of the renovated airport, the November election, and the negotiations with the Ryans to bring minor league baseball to Corpus Christi. Mr. Bennett stated that the city's partnership with the Ryans will probably prove to be beneficial on many fronts. He reported that 2002 ended as a strong year. Mr. Bennett reviewed data comparing 2001 and 2002 hotel occupancy rates and concluded that Corpus Christi had outpaced most of its competitors in 2002. For the first half of FY 2003, Mr. Bennett referred to a handout detailing future conventions and bookings for 2004 in the arena and convention center. He said the numbers reflect the success of the CVB's marketing campaign. Mr. Bennett said that for the first six months of FY 2003, the CVB was below its convention sales goals, but would be working toward meeting those goals. He also briefly discussed the board retreat. Topics discussed during the board retreat included worldng with the arena and convention center expansion contractors to ensure that they are informed of each others progress. The board also dete£r~iined that they needed to strengthen their marketing campaign. Finally, the board discussed reaching out to the hospitality worker to keep them informed of the changes taking place downtown. Since they are front-line workers and deal directly with the public, it is important to keep them informed. Mayor Neal commented that the Port of Corpus Christi has been very aggressive in building a relationship with Toyota and he suggested that future marketing plans should include Toyota. Mr. Bennett introduced Bill Pettns, who provided the quarterly marketing report. The highlights included in an insert published in Texas Travel in April will also be included in newspapers all over Texas. He also noted that Texas Monthly ran a 10-page "editorial" regarding Corpus Christi visitors and tourism in April 2002 which was so successful that it is going to run again this April. Mr. Pettus then mentioned some convention publications that were funded by $100,000 that the Council had approved for them this fiscal year to market conventions. He felt the additional funding would greatly help in promoting the city as a convention destination. Next, Mr. Pettus discussed their spring program. In the past, the CVB had created inserts that were published and distributed during one particular weekend that had proven to be very effective. However, the marketing committee thought that this approach might be too risky. Focusing on one weekend could be disastrous if the CVB picked the wrong weekend - for example, if war was declared that particular weekend and tourism came to halt. Instead, the marketing campaign would focus on local newspapers with more shorter deadlines that would allow a quicker response. Finally, in response to a prior inquiry by Council Member Kinnison, Mr. Pettus discussed the CVB's relationship with the Hispanic Chamber of Commerce and its accountability in that regard. He said that the CVB had made great strides in the last six months, especially in the last quarter, to improve the relationship. Mr. Quintauilla introduced Joe Cisneros, President of the Hispanic Chamber of Commerce, who provided an update on the Hispanic Chamber's Northern Mexico marketing campaign. Their research indicated that Corpus Christi is considered a family vacation destination. Their campaign focused on identifying peak travel times when Mexicans come to the United States (e.g. Christmas, back to school shopping) and then advertising during that time. Mr. Cisneros said that they advertised in a social magazine called Sierra Madre which catered to a upper-middle class Mexican demographic. They also advertised in Texas y Turismo, the number one publication that is distributed as an insert in El Norte magazine. He said that the Hispanic Chamber was striving to understand the Mexican market. Mr. Quintanilla then introduced Carol Dunton with the CVB to provide information on the Public Relations Activity report. Ms. Dunton reported that the city had received free advertisement in the last quarter through national television exposure. Corpus Christi is going to be featured in HGTV's Dream Drives show on March 15 and the show has approximately 80 million viewers per episode. The Travel Channel will be airing a program called Spring Break Destinations 2003 that will include a segment on Corpus Christi. It will air on various dates in March and April, with an approximate viewership of 67 million viewers per episode. The Food Network's $40 a Day program will be doing a feature on Corpus Christi and their viewership is approximately 77 million viewers per episode. Finally, the Fine Living Network is airing a program called Found in American which will include a brief segment focusing on the U.S.S. Lexington and their viewership is approximately 30 million viewers. There being no other business, the meeting was adjourned at 1:05 p.m. MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting February 18, 2003 - 2:05 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem John Longoria Council Members: Brent Chesney Savier D. Cohnenero* Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott City Staff.' Acting City Manager George Noe Acting City Attorney R. Jay Reining City Secretary Armando Chapa Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Rev. Harold Palmer, Corpus Christi Fellowship, and the Pledge of Allegiance to the United States flag was led by Council Member Scott. City Secretary Chapa called the mil and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Neal called for approval of the minutes of the special meetings of February 7, 2003 and February 13, 2003. A motion was made and passed to approve the minutes as presented. Mayor Ne, al asked Marine Capt. Jerry Estell Jr. to address the Council. Capt. Estell, a 1991 graduate of King High School, said he recently returned from deployment in Kuwait in support of Operation Southern Watch and Operation Enduring Freedom where he carried the City of Corpus Christi flag. *Council Member Colmenero arrived at the meeting. Mayor Neal called for consideration of the consent agenda (Items 2-8). There were no comments from the Council or the audience. City Secretary Chapa polled the Council for their votes and the following passed: 2. M2003-065 Motion approving supply agreements with the following companies for the following amounts, for library books and recordings, based on best value, for multiple progressive awards in accordance with Bid Invitation No. BI-0050-03 for a total estimated annual expenditure of $398,120. The term of the agreements shall be for twelve months with options to extend for up to three additional twelve-month periods, subject to the approval of the suppliers and the City Manager or his designee. Funds have been budgeted by the Corpus Christi Public Libraries and the Local Branch of the South Texas Library System in FY 2002-2003. Minutes - Regular Council Meeting February 18, 2003 -Page 2 Baker & Taylor Inc. Ingram Library Services Inc. Charlotte, NC La Vermae. TN Primary Supplier Groups 1-3 Secondary Supplier Groups 1 & 2 $323,496 $74,624 Grand Total: $398,120 The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 3. 1912003 -066 Motion authorizing the Acting City Manager or his designee to execute a construction contract with Mitchell's Unlimited of Robstown, Texas, in the amount of $79,776 for the MeArdle Road street improvements, Phase 3 (structure demolition). The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 4. M2003-067 Motion authorizing the Acting City Manager or his designee to execute a consultant contract with RVE, Inc. of Corpus Christi, Texas for a total fee not to exceed $126,570 for the Kennedy Causeway Lif~ Station. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinni~n, Longoria, Noyola, and Scott voting "Aye." 5.a. ORDINANCE NO. 025200 Ordinance appropriating $21,341.07 from Brighton Village Unit 7C, Block 2, Lots 8 and 9 developer's contribution to Drainage Channel No. 31 in the No. 6010 Drainage Channel 31 Trust Fund; amending Ordinance No. 024130, which appropriated the Trust Funds, by adding $21,341.07 to the No. 6010 Drainage Channel 31 Trust Fund. An emergency was declared and the foregoing ordinance passed: Neal, Chesney, Colmenero, Garrett, Kelly, Kirmison, Longoria, Noyola, and Scott voting "Aye." 5.b. M2~3-~8 Motion approving payment of $21,341.07 developer's contribution from Brighton Village Unit 7C, Block 2, Lots 8 and 9 from the No. 6010 Trust Fund/Drainage Channel 31 Trust to Mark Bratton, Trustee, for disbursement to the appropriate Drainage Channel 31 Trust funding owners, in accordance with the Offsite Drainage Development Contract, Master Plan Drainage Channel 31, between the City of Corpus Christi and Trustee. The foregoing motion passed by the following vote: Neal, Chesney, Coimenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Minutes - Regular Council Meeting February 18, 2003 -Page 3 6.a. ORDINANCE NO. 025201 Ordinance approving the conveyance and disposal of a portion of Southbay Park containing 4,226.7 square feet out of Lot 47, Block 2, Harbor Village Subdivision, to the adjacent landowners, Leroy Steinocher and wife, Priscilla Steinocher, requiring them to replat the property within 180 days at their expense, and authorizing the Acting City Manager or his designee to execute a Special Warranty Deed in exchange for the perpemai maintenance of the property conveyed. An emergency was declared and the foregoing ordinance passed: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 6.b. ORDINANCE NO. 025202 Ordinance approving the conveyance to the adjacent landowners, John Grover Strong and wife, Evangeline C. Strong, a portion of Crestmont Park west of Carroll Lane and Grassmere Drive, containing 5,140.08 square feet, and currently platted as Block 6, Crestmont Subdivision Unit 1, save and except a section of street fight-of-way, and authorizing the Acting City Manager or his designee to execute a Special Warranty Deed in exchange for the perpetual maintenance of the property by the grantees. An emergency was declared and the foregoing ordinance passed: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 7. ORDINANCE NO. 025203 Ordinance appropriating $15,000 in the No. 3530 Street Capital Improvement Program Fund fi'om Performance Bond Proceeds of the Omaha Drive Improvements Project; amending the Capital Budget adopted by Ordinance No. 025144 by increasing appropriations by $15,000. An emergency was declared and the foregoing ordinance passed: Neal, Chesney, CoImenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 8. ORDINANCE NO. 025204 Ordinance governing City elections in 2003, including appointment and compensation of election officials, voting systems, ballot boxes, and central counting station. An emergency was declared and the foregoing ordinance passed: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye., Mayor Neel referred to Item 9, zoning Case No. 1102-05, David W. & Elaine R. Hoffman. City Secretary Chapa said the case has been withdrawn by the applicants. Minutes - Regular Council Meeting February 18, 2003 - Page 4 Mayor Neal referred to Item 10, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 10. Case No. 0103-01, Marc and Nelda Fuentes: A change of zoning from an "A-l" Apartment House District to a "B-1" Neighborhood Business District on Cabaniss Acres, Block 3, Lot 24 - A, located on the south side of Carolyn Drive, approximately 200 feet west of Ayers Street. City Secretary Chapa said the Planning Commission and staff recommended approval of a "B-I" Neighborhood Business District. No one appeared in opposition to the zoning change. Mr. Longoria made a motion to close the public hearing, seconded by Mr. Scott and passed. Mr. Chapa polled the Council for their votes as follows: ORDINANCE NO. 025205 Amending the zoning ordinance upon application by Marc and Nelda Fuentes by changing the zoning map in reference to Lot 24-A, Block 3, Cabaniss Acres from "A-I" Apartment House District to "B-I" Neighborhood Business District; emending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance passed: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Mayor Neal referred to Item 11, and a motion was made, seconded and passed to open the public hearing on the following zoning ease: 11. Case No. 0103-03, A&W Office Supply Inc.: A change of zoning from an "A-2" Apartment House District to a "B-5" Primary Business District on South Bluff Addition, Block 13, LOt 13, located on the north side of Laredo Street, approximately 200 feet east of South Staples Street. City Secretary Clmpa said the Planning Commission and staff recommended approval of a "n-5" Pdm Bminess District. No one appeared in opposition to thc zoning change. Mr. Chesney made a motion to close the public hearing, seconded by Mr. Scott and passed. Mr. Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting February 18, 2003 - Page 5 11. ORDINANCE NO. 025206 Amending the Zoning Ordinance upon application by A&W Office Supply Inc. by changing the zoning map in reference to Lot 13, Block 13, South Bluff Addition, fi:om "A-2" Apa~iment House District to "B-5" Primary Business District, amending the Comprehensive Plan to account for any deviations fi'om the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance passed: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Mayor Neal opened discussion on Item 12, naming of tennis center courts. Mr. Dan Whitworth, Director of Park and Recreation, said this project has been in the works for several years and is the result of funds from the Sessions estate and bond funds. Mr. Steven Denton, tennis pro at the HEB Tennis Center, said that next week two French Open doubles champions will be on hand to celebrate the opening of the new facility. Council Member Longoria congratulated Mr. Denton and asked Mr. Whitworth if the Parks Board has reviewed the proposed name change. Mr. Whitworth said the board met last week and approved the name change. City Secretary Chapa polled the Council for their votes: 12. RESOLUTION NO. 025207 Resolution naming the covered courts at H.E.B. Tennis Center located at 1520 West Sbely the "Mildred and Lloyd Sessions Tennis Pavilion"; waiving the requirements of a sixty-day waiting period following submission of Name Change to the Park and Recreation Advisory Committee, publication of legal notice, acceptance of written comments to the Park and Recreation Advisory Committee, and determination of course of action by the Park and Recreation Advisory Committee. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Longoria, Noyola, and Scott voting "Aye"; Kinnison absent. Mayor Neal referred to Item 13 regarding options for amendments to the Corpus Christi City Charter. Acting City Manager Noe explained that this item was placed on the agenda at the Council's request following a previous discussion about this issue. He said this is the last date the Council can take action regarding the April 5, 2003 election. Acting City Attorney Reining also distributed to the Council a copy of the ballot language for each of the various options listed in the agenda material. Responding to Mayor Neal, City Secretary Chapa said some of these items are basically "housekeeping" items that can be considered by the Council now or later; however, he feels they should be addressed at some point. He said there is also an amendment being proposed by Mr. Minutes - Regular Council Meeting February 18, 2003 -Page 6 John Bell, a local attorney, regarding election dates. Mr. Chapa said that in the future, problems will arise regarding either election day or the date of a runoff election when it conflicts with Easter weekend. He said the proposal gives the Council the option of changing that date if such a conflict occurs. Mr. Reining said the City Attorney's Office supports the proposed change to the time for effectuating a lease or franchise. In reply to another question from the Mayor, Mr. Chapa said if any of these options are placed on the ballot in April 2003 and they pass, the charter cannot be amended until beyond April 2005 (probably November 2005). Mr. Noe said that in the past the city's election date has fallen on Easter weekend and voter turnout was not adversely affected. Council Member Colraenero asked about the proposal regarding the runoff election date. Mr. Chapa said that currently there are only two weeks between the general election and the runoffelection and he is requesting additional time between them. Council Member Kinnison read from the Austin City Charter regarding a city auditor who is appointed by the City Council and who can be removed only by a majority of that body. He said the auditor reports to the Council through an audit committee of the Council. He also read the auditor's duties. Mr. ginnison said he thinks the Corpus Christi City Council should consider reinstating the city auditor position. Council Member Longoria said he thinks any amendments to the charter should be discussed at length prior to the election. Mr. Kinnison agreed, saying that the issue he is proposing needs a lot of lead-time for discussion and November 2005 may be a more appropriate time to consider it. There were no comments from the audience. Mayor Neal opened discussion on Item 14, Bay~ont Convention Center expansion and rehabilitation project. City Secretary Chapa said that Council Member Kelly would be abstaining on this item. Mr. Kevin Stowers, Assistant Director of Engineering Services, said that previously the guaranteed maximum price had been set at $25 million. He said they went through the subcontractor bid process and the price came in at $24,614,045. Council Member Garrett asked if this process will minimize the possibility of change orders. Mr. Stowcrs said the fact that the convention center is an existing building does pose a greater risk of change orders than the new arena. However, he said the convention center has good plan documents and the contractor feels there will be far less change orders on this project than would normally be the case. Mr. Noe said there is a separate allowance for such issues. Responding to Council Member Kinnison, Mr. Noe said the city is adequately covered for contingencies. Council Member Colmenem said that change orders can enhance a facility. There were no comments from the audience. City Secretary Chapa polled the Council: 14. M2003-069 Motion authorizing the Acting City Manager or his designee to execute Amendment No. 2 to the contract for construction manager at-risk services contract with Moorhouse- Minutes- Regular Council Meeting February 18, 2003 - Page 7 Beecrot~, Joint Venture LLC of Corpus Christi, Texas reducing the guaranteed maximum price (GlvIP) of $25,000,000 to $24,614,045 for construction of the Bayfront Convention Center expansion/rehabilitation project. The foregoing motion passed by the following vote: Neal, Chasney, Colmenero, Garrett, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Kelly abstaining. 15. 16. 17. Mayor Neai announced the executive sessions, which were listed on the agenda as: Executive session pursuant to Texas Government Code Section 551.071 regarding a health insurance claim the City asked Entrust to adjudicate on October 18, 2002, underlying coverage issues, and legal issues associated with the City's health insurance plans, with possible discussion and action related thereto in open session. Executive session pursuant to Texas Government Code Sections 551.071 and 551.072 regarding the Landry's Project in the Corpus Christi Marina, with possible discussion and action related thereto in open session. Executive session pursuant to Texas Government Code Sections 551.071, 551.072 and 551.087 regarding the South Wharf Project in the Corpus Christi Marina, with possible discussion and action related thereto in open session. The Council went into executive session. The Council returned from executive session. Mayor Neal called for petitions from the audience. Mx. Jack Gordy, 4118 Bray, said the state has not collected a fee for tire disposal for three years and he also discussed battery core charges. He said city employees should be allowed to participate in city elections. Council Member Scott said he supports city employees. Council Member Kinnison asked whether city employees can attend any candidate forums and Mr. Reining said they can attend. Mx. Phil Rosenstein discussed the emergency home repair program for senior citizens, which is funded by a CDBG grant. He said presently there are over 200 seniors on a waiting list for emergency home repairs and the average waiting time is six months to one year. Mayor Neal said the Council would go back into executive session pursuant to Texas Govermnent Code Sections 551.071, 551.072 and 551.087 on agenda items 16 and 17. The Council went into executive session. The Council returned from executive session. Mayor Neal called for the City Manager's report. Acting City Manager Nee said the stakeholders' meeting for the Mustang/Padre Island plan will be held February 20, 2003 at the Holiday Inn on the island. He also discussed items scheduled for the February 25th meeting and noted that the Council will hold meetings on March 4' and March 11' but not March 18th. Mayor Neal called for Council concerns and reports. Minutes - Regular Council Meeting February 18, 2003 - Page 8 Mr. Colmenero refen-ed to a letter regarding food and beverage catering. He also said he wished to make a motion to reexamine the streetacape design to also include the Arts and Cultural Commission (ACC), to continue with the seawall reconstruction, and to have staff assist in the process. City Secretary Chapa said the Council approved the seascape design last week; consequently, in order to reconsider it someone from the prevailing side has to make a motion to reconsider and the motion has to be seconded and passed by a two-thirds vote of the Council. Mr. Colmenero then made a motion to reconsider motion number M2003-062 (Item 29 from the February 11, 2003 meeting). The motion to reconsider was seconded by Mr. Scott, who said he wants to ensure that the public participates in this process. Mr. Longoria said he is concerned about infringement into the seawall. Mr. Chapa polled the Council for their votes on the motion to reconsider and it passed as follows: Neal, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola and Scott voting "Aye"; Chesney absent. Mr. Colmenero said he believes the streetscape design should consider any impedance into the seawall while also keeping the framework open for the ACC. Mr. Kinnison asked if sending the design back to the ACC in effect rejects the present proposed design. Mr. Scott said he will be more receptive to the current design if the ACC goes through an adequate public process and they reiterate their recommendation. Mayor Neai agreed that a public hearing is needed to consider this design. Mr. Kinnison said the end result is that the ACC will still have to come back to the Council with a recommendation at the end of the process. Responding to a question from Mr. Kinnison, Mr. Chuck Anastos, ACC Chairman, said the streetscape structure was designed with a cocked top, which was angled to provide shade from the afternoon sun. He said it is set in such a way that it cannot be moved closer to the curb without encroaching into the roadway. He said he cannot speak for the commission but they spent hundreds of hours on selecting this design. Mr. Anastos also pointed out that the funds for this project came from the Permanent Art Trust Fund and if this design is unacceptable, he asked that the monies be used instead for art. He said the ACC is willing to start over again but they want the full opportunity to do so. Mr. Kinnison noted that part of the funding comes from the 1/8t~ cent sales tax and he asked whether the location of the art would be limited to the seawall area. Mr. Reining said he will have to research that question and provide an answer. Mayor Neal said the major complaint he hears is that there are no shade s~ructures on the seawall and he thought the Council gave direction that they wanted something to enhance pedestrian use of the seawall and to provide shade. Mr. Chapa said the motion on the table for the Council's consideration is to accept the design for the seawall streetscape. He said the Council can amend it or deny it and come back with a separate motion. Mr. Scott said he does not believe the public has had an opportunity to participate in this process. Mr. Longoria said the issue is whether it is appropriate to block part of the seawall. Mr. Scott made the following motion, which was seconded by Mr. Cohnenero: Minutes - Regular Council Meeting February 18, 2003 -Page 9 20.a. M2003-070 Motion to table the design for the seawall streetseape until March 25, 2003 to refer to the Arts and Cultural Commission to allow for public comment. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria voting "No"; Chesney absent. Mayor Neal returned to Council concerns and reports. Mr. Kelly said the current homebuyer assistance program seems to be emphasizing the purchase of new homes. He said he has asked city staff to refocus the city's program from new homes to existing homes, many of which are located in the west side and older neighborhoods. He said he also wants to promote home ownership among city employees and increase the amount of owner-occupancy in neighborhoods. He said ultimately he would like to reach out to school and church officials who would know which families would be good candidates for this program. He said more details about the program will be brought to the Council. Mr. Noe said this will be a new program in addition to the city's existing program. Mr. Scott asked why the police were not more prepared when a suspect ran through a checkpoint and the vehicle was later found abandoned along with the bodies of two victims. Mr. Noe said staff would provide a response. Mr. Scott complimented those involved with the organization of the Packery Channel meeting on the island, and he said the development community is supportive of the city's proactive stance regarding development issues. He also announced a town hall meeting on March l0th at Padre Island Presbyterian Church. Mr. Longoria said he thought there was an ordinance prohibiting car lots from flying balloons and he also referred to the process of awarding monies through the Corpus Christi Community Improvement Corporation. Mr. Kinnison asked if there is a process to review the sign ordinance regulations and Mr. Michael Gunning, Director of Planning, said he is exploring the rewriting of the development code. Mr. Kinnison said he does not want Saratoga Boulevard to be deluged with signs in the same way as South Padre Island Drive. Mayor Neal said a number of people on radio talk shows have started a rumor about his participation and his company's participation in the city's health insurance program. He said neither he nor his company have ever had any connection with the city's health insurance program. He said while he carries the title of chairman of the board of Hilb, Rogal & Hamilton, he is in effect a commission sales person and he receives no direct compensation from HRH on anything with which he is not directly involved. He also discussed a conflict of interest opinion given by former City Attorney James Bray in 1999. The Mayor said he does not do any business with the city, the Port of Corpus Christi Authority or Nueces County. He said he hopes this statement dispels any such rumors. Mr. Scott said he believes the Mayor has continued to do the right thing to the best of his ability and he appreciates his tenure as mayor. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 7:38 p.m. on February 18, 2003. 2 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: March 4, 2003 AGENDA ITEM: Motion authorizing the Acting City Manager, or his designee, to execute change order number 5 with King-Isles, Inc. in the amount of $40,000 for the Wastewater Fome Main Repair / Replacement 30" Fome Main Line B. (Project #7027) ISSUE: The original project scope required rehabilitation of two existing sanitary sewer lines. Inspection of the lines revealed bends in the pipe that prevented slip-lining with the specified pipe. The cost-effective alternative is the excavation and replacement of the existing lines with 30" Hobas pipe already on-site. FUNDING: Funding for this change order is available in the FY 02 -03 Wastewater Capital Improvement Program. CONCLUSION AND RECOMMENDATION: Approval of the motion is recommended to award a change order to complete construction of the project. 'Angel R. Escobar, P.E., ' Director of Wastewater Director of Engineering Services Attachments: Exhibit "A" Background Exhibit "B" Change Order Summary Exhibit "C" Location Map H:~IOME~.YNDAS\GEN\Wastewater~7027 - Force Main Repairs Line B*~CO~'*~Memo. DOC BACKGROUNDINFORMATION SUBJECT: Wastewater Force Main Repairs and Replacement 30-inch Force Main Line B (Project No. 7027) PRIOR COUNCIL ACTION: 1. November 27, 1997 - Motion authorizing the City Manager, or his designee, to execute contract for engineering services with Goldston Engineering, Inc. for the Force Main Repairs and Replacement for Stage I services in the amount of $268,550 (Motion No. M97-348). 2. April 13. 1999 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 in the amount of $63,500 to the contract for engineering services with Goldston Engineering, Inc. for the Force Main Repairs and Replacement providing for Stage 2 Design/Construction-Line B (Wooldridge Lift Station to Micheline Drive) (Motion No. M99-098). 3. November 13, 2001 - Motion authorizing the City Manager, or his designee, to execute a construction contract with King-Isles, Inc. in the amount of $1,283,099 for the wastewater force main repairs and replacement of 30" Force Main Line B. (Motion No. 2001-419) 4. December 17, 2002 - Approval of the Fiscal Year 2002-03 Capital Improvement Budget for $299,913,200 (Ordinance No. 025144). PRIOR ADMINISTRATIVE ACTION: 1. December 14, 1998 - Executed Amendment No. 1 with Goldston Engineering, Inc. for the Wastewater Force Main Repairs and Replacement 30-inch Force Main Line B in the amount of $8,500, for a total restated fee of $277,050. 2. Au(3ust 9. 1999 - Executed Amendment No. 3 with Goldston Engineering, Inc. for the Wastewater Force Main Repairs and Replacement 30-inch Force Main Line B in the amount of $14,900, for a total restated fee of $355,450. 3. Auoust 18. 1999 - Executed Agreement with Professional Services Industries for Construction Materials Engineering Laboratory's Inspection and Materials Testing Services for the Wastewater Force Main Repairs and Replacement project in the amount of $1,925. 4. July 14, 2000 - Executed Amendment No. 4 with Goldston Engineering, Inc. for the Wastewater Force Main Repairs and Replacement 30-inch Force Main Line B in the amount of $0, for a total restated fee of $355,450. 5. Januarv 25, 2001 - Executed Amendment No. 1 with Professional Services Industries to the Agreement for Construction Materials Engineering Laboratory's Inspection and Materials Testing Services for the Wastewater Force Main Repairs and Replacement project in the amount of $7,975, for a total restated fee of $9,900. 6. Auaust 23. 2001 - Executed Amendment No. 5 with Goldston Engineering, Inc. for the Wastewater Force Main Repairs and Replacement 30-inch Force Main Line B in the amount of $8,500, for a total restated fee of $363,950. IEXHIBIT "A" I Page 1 of 2 PROJECT BACKGROUND: Three (3) major ductile iron force mains, totaling approximately 19,750 lineal feet, transport wastewater to the Oso Wastewater Treatment Plant. Due to age and effects of corrosive gasses, these lines have experienced breaks and have been inspected for replacement. The locations of the three (3) major ductile iron force mains are as follows: · Line A- between Hardwick Drive and the Oso Wastewater Treatment Plant; · Line B - between the Wooldridge Lift Station and Hardwick Drive; and · Line C - between Everhart Road Lift Station and Staples Street Lift Station No. 5. The firm of Goldston Engineering, Inc. was retained, through a Request for Proposals process, to provide engineering services for repairing/replacing the force mains. The engineering work has been carried out in two (2) stages: Statue 1 - Implementation Plan - This phase included inspecting, testing, and evaluating the condition of the force mains; developing and proposing rehabilitation methods; preparing present-value cost benefit analysis and cost estimates for each method; and submitting a report with recommendations to the City. Sta.qe 2 - Desif~n/Construction - This phase included preparing plans, specif'mafions, bid and contract documents, and contract administrations services as needed to repair and replace the force mains. This project will be completed in phases as funding allows. The repair and replacement of Line "B", is the first to be completed as it has experienced extensive breaks and excessive deterioration from hydrogen sulfide gas. Further deterioration in Lines "A" and "C" will be closely monitored and repaired as necessary. Completion of the proposed project will provide complete replacement with a less susceptible material for reliable wastewater service within the service area. CHANGE ORDER DESCRIPTION: The project scope required rehabilitation of the two parallel 36" ductile iron sanitary sewer lines extending 100 feet from the vault on the south side of Wooldridge road to the Wooldridge Lift Station. Rehabilitation was to be accomplished by slip lining the existing lines with new 30" fiberglass reinforced pipe (Hobas). However, once the existing lines were cleaned and televised, it was determined that the lines were deflected up to 18", which will prevent slip lining from proceeding. A review of alternative rehabilitation procedures was performed by the design engineer, Goldston Engineering, Inc. Rehabilitation utilizing Cured-in-Place Pipe (ClPP)would cost $175,000 and would take several weeks to complete due to material availability, extending the closure period for Wooldridge Road. Limited right-of-way south of the vault prevents slip lining utilizing more flexible high density polyethylene (HDPE) pipe. Goldston Engineering has determined that the most cost-effective and expedient alternative is to excavate and replace the existing lines, utilizing the 30" Hobas pipe already on-site. IEXHIBIT "A" I . Page 2 of 2 DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET March 4, 2003 PROJECT: Wastewater Force Main Repairs and Replacement 30-inch Force Main Line B (Project No. 7027) APPROVED: City Council on 11/13/01 - Motion No. M2001-419 CONTRACTOR: King-Isles, Inc. 1641 Goldston Road Corpus Christi, TX 78409 TOTAL CONTRACT AMOUNT ...................... 25% Limit Amount .......................................... Change Order No. I (03/14/02) ..................... Change Order No. 2 (07/16/02) ..................... Change Order No. 3 (11/13/02) ..................... Change Order No. 4 (12/05/02) ..................... $1,283,099.00 320,774.75 24,765.25 21,055.00 25,000.00 19,690.00 90,510.25 = 7.05% < 25% H:~HOMEILYNDAS\GEN\Wastewater~7027 - Force Main Repairs Line B~CO~5~Change Order Summary.doc EXHIBIT "B" Page 1 of I ~ ~ ~X~ CORPUS CHRISTI BAY L~ATION ~P P~ECT No. 7027 NOV VO SCALE EXHZB~T "C" C~ ~UNC~L EXHiBiT E~T~ATER F~CE ~N REPAIRS ~D REP~CE. BENT 30-~NCH FOrE ~JN L~NE B PAeE: I of 1 CI~ OF CORPUS CHRIS~, T~XAS DAT~: 02~28~2003 3 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: March 4, 2003 AGENDA ITEM: A. Motion authorizing the Acting City Manager, or his designee, to execute Amendment No. 11 to the Engineering Services Contract with Shiner, Moseley & Associates in the amount of $140,400 for the Seawall Reconstruction Project. B. Motion authorizing the Acting City Manager, or his designee, to award Change Order No. 6 to Laughlin Environmental, Inc. of Houston, Texas, in the amount of $167,785.00 for the Seawall Reconstruction Project. ISSUE: This Amendment will provide for design services, project modifications and construction administration assistance for the Blucher Arroyo Storm Water Drainage Structure, the Seawall, and McGee Beach Storm Water Ouffall System repairs. This Change Order is necessary due to poor condition of existing pipes requiring modified cleaning and repair and replacement procedures. Modifications are required t o a void future cost increases in t he p reject. Additionally, t he work sequence was altered to allow use of vibratory pile driving hammers. FUNDING: Funding for this change order is available in the FY 02 -03 Capital Improvement Program. CONCLUSION AND RECOMMENDATION: Approval of the motion is recommended to award an amendment and change order to complete construction of the project. Director of Engineering Services Attachments: Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Background Contract Summary Change Order Summary Location Map H:~HOME~-YNDAS\GEN~SeawalI~a, mendment No. II,Memo. DOC AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Seawall Restoration Project PRIOR COUNCIL ACTION: 1. November 25, 1997 - Approval of seawall investigation and use of Gateway proceeds (M97-347); 2. Mamh 24, 1998 - · Motion authorizing the execution of a contract in the amount of $36,804 with Bracco Construction Co. for Seawall Inspection at Panels 205 and 206 (M98-084); · Motion to authorize award of a seawall condition assessment in amount of $386,000 to Shiner Moseley and Associates, Inc. (M98-085); · Motion to authorize execution of a Contract for G eotechnical, Laboratory, a nd Petrography Services related to the Seawall Investigation Project with Bacon Engineering, Inc. for a fee not to exceed $49,000 (M98-086); and · Motion to authorize execution of a Contract for Non-Destructive/Non-lnvasive Investigation Services for t he Seawall Investigation Project with W. G. J aques Company for a fee not to exceed $86,210 (M98-087). 3. May 29, 2001 - · Motion authorizing the City Manager, or his designee, to execute Amendment No. 5 for engineering services in the amount of $581,000 with Shiner Moseley and Associates, Inc. for the Pilot Seawall Reconstruction Project (Contract A) and Seawall Reconstruction Project B-1 (M2001-208); and · Motion authorizing the City Manager, or his designee, to execute a geotechnical and materials testing contract in an amount not to exceed $79,602 with Fugro South, Inc. (Gulf Coast Testing Laboratory) for the Pilot Seawall Reconstruction Project (Contract A) and Seawall Reconstruction Project B-1 (M2001-209). 4. January 15, 2002 - Motion authorizing the City Manager, or his designee, to execute Amendment N o. 6 for engineering services in the amount of $87,700 with Shiner Moseley and Associates, Inc. for the Pilot Seawall Reconstruction Project (Contract A) and Seawall Reconstruction Project B-1 (M2002-022). 5. April 30. 2002 · Motion authorizing the City Manager, or his designee, to execute a construction contract in the amount of $6,127,099.50 with Laughlin Environmental, Inc. for the Seawall Reconstruction Project Pilot Program and Contract B-1 (M2002-123). . Motion authorizing the City Manager, or his designee, to execute an engineering materials and construction contract with Fugro South in an amount not to exceed $49,700 for the Seawall Reconstruction Project Pilot Program and Contract B-1 (M2002-124). EXHIBIT "A" Page I of 3 · Motion authorizing the City Manager, or his designee, to execute Amendment No. 7 with Shiner Moseley and Associates, Inc. in the amount of $127,100 for additional construction inspection and management services contract for the Seawall Reconstruction Project Pilot Program and Contract B-1 (M2002-125). 6. October 29, 2002 · Motion authorizing the City Manager, or his designee, to execute Amendment No. 8 in the amount of $2,214,900 with Shiner Moseley and Associates, Inc. for the Seawall Reconstruction Project B-2 (Part A and Part B) - (M2002-360). · Motion authorizing the City Manager, or his designee, to execute a geotechnical services contract in an amount not to exceed $126,820 with Fugro South, Inc (M2002-361). 7. November 19, 2002 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 9 in the amount of $84,748 Shiner Moseley and Associates, Inc. for the Seawall Reconstruction Project (Blucher Arroyo Storm Water Drainage Structure Condition Assessment.) PRIOR ADMINISTRATIVE ACTION: 1. June 8, 1998 - Award of Amendment No. 1 (additional testing) in amount of $13,470 to Bacon Engineering, Inc. for Geotechnical, Laboratory, and Petrography Services related to the Seawall Investigation Project; 2. Febrpary 11, 1999 - Award of Amendment No. 1 (Backwater Levee Gate Report) in amount of $14,350 of seawall condition assessment contract with Shiner Moseley and Associates, Inc.; 3. Au.qust 26, 1999 - Award of Amendment No. 2 (Design of Backwater Levee Gate Structures) i n a mount o f $-0- ( change o f scope) of seawall condition assessment contract with Shiner Moseley and Associates, Inc.; 4. December 8, 1999 - Award of Amendment No. 3 (Backwater Levee Gate Structures Foundation and Railroad coordination) i n a mount o f $14,350 o f seawall condition assessment contract with Shiner Moseley and Associates, Inc.; and 5. March 27, 2000 - Award of Amendment No. 4 (Backwater Levee Gate Structures Construction Phase) in amount of $13,330 of seawall condition assessment contract with Shiner Moseley and Associates, Inc. 6. December 18, 2002 -Award of Amendment No. 10 (Connection Capacity and Dowel Location Analysis) in amount of $13,000 of seawall condition assessment contract with Shiner Moseley and Associates, Inc. FUTURE COUNCIL ACTION: Approval of construction contracts to complete additional phases of the Seawall Reconstruction project. PROJECT DESCRIPTION: AMENDMENT NO. 11: This amendment to the Shiner Moseley & Associates A/E contract will provide for design services, project modifications, negotiations with Seawall contractor and construction administration assistance for: · The Blucher Arroyo Storm Water Drainage Structure Phase 1 (High Priority Repairs) being funded through the Storm Water Capital Improvement Program. EXHIBIT "A" Page 2 of 3 · Modifications to the Seawall Area, Sidewalk and Curb Re-grading, Storm Water Collection, Drainage and Outfall System for the Seawall Pilot Program and Contract B-l; and, · Modifications to the Seawall Area Storm Water Outfall System at McGee Beach, to allow the Texas General Land Office (TGLO) Beach Renourishment Project to proceed. CHANGE ORDER NO. 5: for: This change order to Laughlin Environmental, Inc., will provide Shoreline Shallow Storm Water System modifications necessary due to the poor condition of existing pipes requiring modified cleaning, repair, and replacement procedures. McGee Beach Storm Water System modifications necessary to allow TGLO Beach Renourishment Project to proceed and to avoid futura storm water modification cost increases and difficulties. Deductions and credit for work not required. In Change Order No. 3, concrete paving estimates were not accurate and credit was given back to the City. In Change Order No. 5, Line grouting was not required at Hughes Street and credit was given back to the City. A no-cost item was negotiated with the contractor to change construction sequencing along the front side of the seawall bulkhead from a maximum of 480 feet work limit to a maximum of 1,500 feet work limit. In addition, a request to change equipment from an impact hammer to a vibratory hammer was also agreed upon at no additional cost. The benefits of the change include: o Quicker installation of the waterside bulkhead cap o Less disruption (noise) while working on the seawall project o The opening of the bottom waterside cap to pedestrians during the Powerboat Shootout (decreases barricaded area from approximately 480' waterside and seawall apron to approximately 240' seawall apron) Construction of the lower portion bulkhead cap should be completed approximately two (2) weeks before the Powerboat Shootout scheduled for May 30, 2003 through June 1,2003. A three week cushion has been included in the revised schedule to allow schedule slippage in the event that weather delays slow construction. A maximum barricaded area will include approximately 240' of the seawall apron from back of seawall to back of curb at Shoreline Ddve. CONTRACT SUMMARY/FEE: A contract summary and fee is attached as Exhibit "B". A change order summary is attached as Exhibit "C". PROJECT FUNDING: Design services related to the Blucher Arroyo Storm Water Drainage Structure, Phase 1 (High Priority Projects) will be funded through the Storm Water Capital Improvement Program in the amount of $87,100. All other design services and construction repairs will be funded through the Seawall project in the amount of $167,785. EXHIBIT "A" .:~o~'n,~As~c,~,,~r~.,a~, ~o. ~.~ Page 3 of 3 CONTRACT SUMMARY SEAWALL RECONSTRUCTION PROJECT IMPROVEMENTS 1. SCOPE OF PROJECT: Seawall Reconstruction Project Improvements (#3169) This project amendment consists of design, negotiation (with Seawall Pilot/Contract B-1 Contractor) and provide construction administration assistance of: · PART A: Repairs to the Blucher Arroyo Storm water Drainage Structure · PART B: Modifications to the Seawall Area, Sidewalk and Curb Re-grading, Storm Water Collection, Drainage and Outfall System for the Seawall Pilot Program and Contact B-I · PART C: Modifications to the Seawall Area Storm Water Outfall System at McGee Beach. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform design and survey services necessary to prepare plans, Construction Bid and Contract Documents, as described in EXHIBIT A. In addition, A/E will provide monthly status updates (project progress or delays, gantt charts (as requested) presented with monthly invoices) and provide contract administration services, as described in Exhibit A and A-l, to complete the Project. 3. ORDER OF SERVICES - Section 3. Order of Services is amended by the addition of the following: The anticipated technical schedule for the work is as follows: Part A. Blucher Arroyo Repairs: 100% Design Submittal to City Negotiations with Contractor Execute Change Order * Being Construction Complete Construction 01 May 2003 07 May 2003 10 May 2003 01 June 2003 01 September 2003 * Due to birding season and request of Audubon Society and CCBNEP I EXHIBIT "B" I Page 1 of 3 Part B.PIIotJB-1 Storm water Modifications Execute Change Order Begin Construction Complete Construction 04 Mamh 2003 04 Mamh 2003 Current Contract Date Part C. McGee Beach Storm water Modifications Execute Change Order Begin Construction Complete Construction 04 Mamh 2003 20 Mamh 2003 June 2003 4. FEE - Section 5. Fee is amended to read as follows: The city will paythe AlE an additional fee, in the amount of $140,400, for providing services authorized by Amendment No. 11 for a restated not to exceed total contract fee of $2,495,078 as shown below: Summary of Fees Original Contract with Amendments 1,2,3,4,5,6,7,8,9, & 10..$2~354r678 AMENDMENT NO. 11 Part A- Blucher Arro),o Repairs Fee for Basic Services 1. Design Phase ......................................................... $48,700 2. Construction Phase ................................................ $11,400 Part A Subtotal Basic Services Fees .................. $60,t00 Fee for Additional Services 1. Core Drilling and Structural Field Investigation ........ $4,000 2. Construction Observation ....................................... $17,000 3. Diving Services ........................................................ $6,000 Part A Subtotal Additional Services Fees .......... $27,000 Part A Subtotal Fees (Basic and Additional Services) ...$87,100 Part B- Modifications to Seawall Area (Pilot Program/Contract B and Area) Sidewalk and Curb Re-~radin~ and Storm water Collection Fee for Basic Services (No Additional Services Required) 1. Design Phase ......................................................... $33,000 Part B Subtotal Basic Services Fees ................ $33,000 I EXHIBIT "B" I Page 2 of 3 Part C - Modifications to Seawall Area Storm water Outfall System at McGee Beach Fee for Basic Services (No Additional Servicee Required} 1. Design Phase ........................................................................ $14,800 2. Construction Phase ................................................................. $5,500 Part C Subtotal Basic Services Fees ................. $20,300 Amendment No. 11 Total Fees ............................................... $140,400 Total Restated Fees $2,495~078 I EXHIBIT "B" I Page 3 of 3 DEPARTMEHT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET March 4, 2003 PROJECT: Seawall Reconstruction Project (Project No. 3169) APPROVED: City Council on 4/30/02 - Motion No. M2002-123 CONTRACTOR: Laughlin Environmental, Inc. 1320 Boyles Street Houston, TX 77020 TOTAL CONTRACT AMOUNT ...................... 25% Limit Amount .......................................... Change Order No. I (08/16/02) ..................... Change Order No. 2 (11/03/02) ..................... Change Order No. 3 (11/19/02) ..................... Change Order No. 4 (01/08/03) ..................... Change Order No. 5 (01/14/03) ..................... Change Order No. 6 (03/04/03) ..................... $6,127,099.50 1,531,774.88 5,642.00 5,164.15 107,487.00 4,931.28 15,251.28 167,785.00 306,250.71 = 5.00% < 25% EXHIBIT "C" Page 1 of 1 bz• r° * t _ f FYI y r y, ✓ 5. - o 4 x �� u4' ti s: 4 AGENDA MEMORANDUM DATE: February 27, 2003 SUBJECT: Padre Island Pump Station Valve Automation and instrumentation (Project No. 8378) AGENDA ITEM: Motion authorizing the Acting City Manager, or his designee, to execute Ratification of Amendment No. 2 to the Consultant Contract with Bath Engineering Group for a fee not to exceed $7,890, and a total re-stated fee of $32,710, for the Padre Island Pump Station Valve Automation and Instrumentation Project. ISSUE: Ratification of Amendment No. 2 requires council action in that the dollar amount of $7,890 exceeds the $25,000 contract limit. This Amendment provides for inspections during the Construction Phase of the subject project. FUNDING: Funding is available in the Water Department's FY 2002-2003 Operating Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. Water Department Superintendent Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Project Budget Exhibit "C" Location Map H:~,USERS2~HOM E~VELMAR~GEN~WATER~378~AM EN DMENT NO. 2~ AGENDA MEMO BACKGROUND INFORMATION SUBJECT: Padre Island Pump Station Valve Automation and Instrumentation (Project No. 8378) PRIOR COUNCIL ACTION: 1. July 16, 2002 - Motion authorizing the City Manager, or his designee, to execute a construction contract with R. S. Black Civil Engineers & Contractors/Machinery & Materials, Inc. for a total fee not to exceed $119,000 for the Padre Island Pump Station Valve Automation and Instrumentation Project (Motion No. M2002-206). PRIOR ADMINISTRATIVE ACTION: 1. February 28, 2001 - Administrative approval of a small A/E Agreement with Bath Engineering Group in the amount of $14,920 for engineering services necessary for the Padre Island Pump Station Valve Automation and Instrumentation Project. 2. February 18, 2002 - Administrative approval of Amendment No. 1 to a small A/E Agreement with Bath Engineering Group in the amount of $9,900 for engineering services necessary for the Padre Island Pump Station Valve Automation and Instrumentation project. BACKGROUND INFORMATION: In February 2001, Bath Engineering Group was contracted to provide engineering services for improving the valve automation and instrumentation at the Padre Island Pump Station. During periods of Iow water pressure in the distribution system in the Padre Island area, the facilities at the Padre Island Pump Station provide additional distribution system pressure to the immediate area. Presently, this operation is done manually and operators must be present at the pump station to operate the facilities. The Padre Island Pump Station Valve Automation and Instrumentation Project consists of the following: · Replacement of pump discharge valves · Modification of intake valve pilot controls · Adding pressure, flow, and level instrumentation · Revising existing RTU (MOSCAD) programming · SCADA documentation · Modification to the existing HMI graphic screens at O.N. Stevens Water Treatment Plant to reflect additional devices and instrumentation in accordance with the plans, specifications and contract documents EXHIBIT "A" AMENDMENT NO. 2: Construction inspection was not previously authorized, but was required due to the technical nature of the project. This Ratification authorizes payment for services already performed. This inspections during the construction phase verified compliance with drawings and specifications. The dollar amount of Amendment No. 2 is $7,890 and the final contract fee sums up to $32,710 which exceeds the $25,000 contract limit and requires council action. The scope of services for the construction phase are as follows: · Coordinate with the City inspector to authorize minor field alterations that do not affect the contractor's price and are not contrary to the interest of the City. · Review and approve pdor to processing by the City Inspector, the contractors progress payment request and approved schedule of work. · Provide inspections throughout construction for the compliance to drawings and specifications. · Visit the site and confer with City's Construction Inspector and Contractor to observe the progress and quality of work, and to determine whether the work is in accordance with project design. · Conduct a final inspection with the City and Contractor, and make a recommendation conceming final acceptance. · Provide contractor-prepared redlined marked-up set of construction documents. · Provide record drawings, in electronic format, of the project. Completion of this project will enable the pump station to operate automatically by sensing system pressure and storage tank levels. Additionally, this project will connect to the City's SCADA system for remote system monitoring from the O.N. Stevens Water Treatment Plant for optimal operations. FUNDING: Funding is available in the Water Department's FY 2002-2003 Operating Budget. EXHIBIT "A" Page 2 of 2 PROJECT BUDGET PADRE ISLAND PUMP STATION VALVE AUTOMATION AND INSTRUMENTATION (Project No. 8378) February 25, 2003 FUNDS AVAILABLE: Water FY 2001 - 2002 Operating Budget ........................ $162,720.00 FUNDS REQUIRED: Construction (R. S. Black) ............................................. Contingencies ........................................................... Consultant (Bath Engineering Group) .............................. Engineering Reimbursements ......................................... Inspection .................................................................. Printing, Advertising, etc ............................................. Total ........................................................................ $119,000.00 4,010.00 32,710.00 1,500.00 3,000.00 2,500.00 $162,720.00 EXHIBIT "B' I Page 1 of 1 councilexhibiis PLAYA DEL LOCATION BAP __ ~ ~ NUECES COUN~ PARK ~ ~ NO. 2 ~ NUECES . CITY P~JECT ~ 8378 ~ EXHIBIT "C" P~RE IS~D PUBP STATION V~VE C~TY ~UNC~L EXHZBZT DEPAR~ENT OF ENGINEERING SE~CES AUTO~TION ~D %NSTRUBENTATION PR~ECT DATE: 02/26/2003 C~ OF CORPUS CHRiS~, ~S PAGE: 1 of 5 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: February 25, 2003 AGENDAITEM: A. Motion authorizing the Acting City Manager, or his designee, to execute Change Order No. 43 with Texas Department of Transportation in the amount of $631,812.15 for the realignment of water and wastewater utilities as part of the Spur 3, Phase 2 Ennis Joslin Road construction contract in accordance with the Advanced Funding Agreement. B. Motion authorizing the Acting City Manager, or his designee, to execute a consultant contract with ECMS, Inc., in the amount of $ 60,500 for management of contractor claim and utility construction inspection for the Spur 3, Phase 2 Project. ISSUE: The realignment of utilities between Del Oso Road and Ocean Drive is necessary for water and wastewater lines to be constructed within the available right of way. FUNDING: Funding for this project is available in the FY 02 -03 Water and Wastewater Capital Improvement Program Budget CONCLUSION AND RECOMMENDATION: Approval of the motions are recommended to award Change Order ff43 and proceed with realignment of the utilities. .~ Director of Engineering Services Attachments: Exhibit "A" Background Exhibit"B" Contract Summary Exhibit"C" Location Map HH:~'IOME\LYNDAS\GEN\Streets\'86 Bond Issue-TxDOT~6062 - Spur 3\CO ~3~AGENDA MEMO.doc BACKGROUND INFORMATION SUBJECT: Spur 3, Phase 2 Ennis Joslin/Nile Drive Project No. 6062 PRIOR COUNCIL ACTION: 1. November 6, 1992 - Resolution expressing the commitment of the City Council to constructJprovide funding for right-of-way acquisitions, utility relocations, and wetland mitigation for upgrading and reconstruction of Ennis Joslin Road. 2. November 18,1993 - Resolution authorizing the City Manager to execute an agreement with TXDOT relative to improvements to Spur 3, including Ennis Joslin Road. 3. July 16, 1996 - Motion authorizing the City Manager to execute a contract in the amount of $143,818 with Naismith Engineering, Inc. for engineering services associated with the Spur 3, Phase 2: Ennis Joslin Road utility adjustments and Nile Drive improvements. 4. October 28, 1997 - Motion authorizing the City Manager to execute a Participation Agreement with Baypoint, LTD., a Texas Corporation, for the relocation and or installation of a portion of the public utilities in conjunction with the Spur 3, Phase 2 improvements, the City's share of which will not exceed $217,000. 5. June 29, 1999 -Motion authorizing the City Manager to execute Amendment No. 3 in the amount of $19,050 to the contract for engineering services with Naismith Engineering, Inc. for the Spur 3, Phase 2: Ennis Joslin Road utility adjustments and Nile Drive improvements. 6. February 29, 2000 - Resolution of Statement Expressing Official Intent to Reimburse Costs of Spur 3, Phase Improvements: Ennis Joslin Road from Ocean Drive to South Padre Island Drive and Nile Drive from Pharaoh Drive to Ennis Joslin Road. 7. February 29, 2000 - Ordinance appropriating $118,320 from the Unreserved Fund Balance in the Combined Utility Systems Fund; loaning and appropriating in the No. 3539 Street Capital Improvement Project 2000 (CO) Bond Fund for the City's share of the State's Spur 3, Phase 2 Improvement Project, to be reimbursed to the Combined Utility Systems Fund with interest; amending the FY 1999-2000 Budget, adopted by Ordinance No. 023702 by adding $118,320 to the Combined Utility Systems Fund; amending the FY 1999-2000 Capital Budget, adopted by Ordinance No. 023703 by adding $118,320 to the No. 3539 Street Program; and declaring an emergency. 8. February 29, 2000 - Resolution authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Advanced Funding Agreement with the Texas Department of Transportation (-I'XDOT) in the amount of $6,039,661.98 for construction of the Spur 3, Phase 2 Improvements: Ennis Joslin Road from Ocean Drive to South Padre Island Drive and Nile Drive from Pharaoh to Ennis Joslin Road; and associated utility work. EXHIBIT "A" I Page I of 3 PRIOR COUNCIL ACTION (continued): 9. June 12, 2001 - Motion authorizing the City Manager, or his designee, to increase the escrow amount as a result of higher bid prices than estimated and to execute Change Orders Nos. 10, 13, and 24 with the Texas Department of Transportation in the amount of $205,649.76 as part of the Spur 3, Phase 2 Ennis Joslin/Nile Drive construction contract in accordance with the Advanced Funding Agreement. 10.Various actions related to the acquisition of pamels required for street right-of-way and utility easements. PRIOR ADMINISTRATIVE ACTION: 1. December 17,1997 - Amendment No. 1 in the amount of $12,980 to contract for engineering services with Naismith Engineering, Inc. for services associated with a change order to the Bay, Inc. contract for Phase I improvements and design of a new dam at the Pharaoh Golf Course. 2. March 2, 1999 - Engineering agreement in the amount of $10,000 with Naismith Engineering, Inc. for the Spur 3, Phase 2 Pharaoh Valley Golf Course Water Rights Permitting - Phase 1/Permit Application. 3. December 20, 1999 - Amendment No. 1 in the amount of $4,800 to the contract with Naismith Engineering, Inc. for the Spur 3, Phase 2 Pharaoh Valley Golf Course Water Rights Permitting - Phase 2/Permit Application. 4. May 10, 1999 - Amendment No. 2 in the amount of $2,000 to contract for engineering services with Naismith Engineering, Inc. for services to coordinate GLO easement acquisition. 5. January 11, 2000 - Amendment No. 4 in the amount of $6,000 to the contract for engineering services with Naismith Engineering, Inc. for services associated with the TxDOT Logo and Copyright Information to Plan Sheets, 6. Auqust 24, 2001 - Agreement with Pyle & Associates, Inc. in the amount of $11,000 for professional services associated with the Spur 3, Phase 2 Right-Of-Way Surveys. 7. October 31, 2001 - Amendment No.1 to the Agreement with Pyle & Associates, Inc. in the amount of $11,300 for professional services associated with the Spur 3, Phase 2 Right-Of-Way Surveys. 8. Various actions related to the acquisition of parcels required for street right-of-way and utility easements. FUTURE COUNCIL ACTION: 1. Additional change orders may be necessary as project proceeds to completion. BACKGROUND: A realignment of utilities between Del Oso Road and Ocean Drive was necessary for the water and wastewater lines to be constructed within the available right of way. The City and the Texas Department of Transportation agreed to the realignment to move the utilities away from the adjacent property lines, and to allow for better access for future maintenance of utilities. Change Order # 43 provides for a different sequence of construction, changes in material quantities, an increase in price to compensate the contractor, and allows compliance with I EXHIBIT "A" Page 2 of 3 the additional TxDOT requirements. The anticipated project completion is June 2004. The completion of Spur 3 will: · improve traffic flow and safety along Ennis Joslin Road; · access to Texas A & M University campus; and · complete the Nile Drive project approved in the 1986 Bond Program. ENGINEERING CONTRACT: The engineering service contract includes claim management and full time inspection. City responsibility for construction inspection of utility work is in accordance with the Advanced Funding Agreement. A request for full time inspection was requested by TxDOT to expedite the progression of utility construction. SUMMARY OF CHANGE ORDERS: Change Orders Affecting City: STORM WASTE STREET WATER WATER WATER GAS TOTAL Escrow Surplus -196,748.78 72,327.09 227,584.57 591,618.19 250,425.83 945,206.90 Ch. Order 5 -2,407.50- -2,407.50 Ch. Order 7 -6,259.50 -6,259.50 Ch. Order 10 -45,003.34 -45,003.34 Ch. Order 11 -21,865.31 -21,865.31 Ch. Order 13 -4,037.28 -33,690.14 -19,700.28 -57,427.70 Ch. Order 14 -8,900.98 -8,900.98 Ch. Order 15 -6,677.t6 -6,677.16 -6,677.16 -20,031.47 Ch. Order 16 -19,644.90 - 19,644.90 Ch. Order 17 -4,444.00 -12,015.28 -16,459.28 Ch. Order 23 -3,921.08 -3,921.08 Ch. Order 24 -25,348.46 -25,348.46 Ch. Order 28 -3,118.79 -3,118.79 -6,237.58 Ch. Order 31 -13,582.00 -4,527.33 -18,109.33 Ch. Order 36 -6,418.93 -6,418.93 Ch. Order 37 -48,535.20 -48,535.20 Escrow Surplus -264,524.97 39,977.91 166,072.49 482,873.67 214,237.24 638,636.34 Change Order No. 37 compensates the Contractor for installation of ground boxes for all equipment, labor, materials, and incidentals needed to complete the work. EXHIBIT "A" Page 3 of 3 CONTRACT SUMMARY SPUR 3, PHASE 2: ENNIS JOSLIN-OCEAN/ALAMEDA TO S.P.I D. 1. SCOPE OF PROJECT: BASIC SERVICES: PART A: Construction administration, Observation and Claim Management Services PARTB: Construction Observation and Full-Time Inspection Services 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform evaluation and inspection (observation) services necessary as described in EXHIBIT A. In addition, A/E will provide monthly status updates (project progress or delays, gantt charts (as requested) presented with monthly invoices) and provide contract administration services, as described in Exhibit A and A-l, to complete the Project. 3. SCHEDULE The period of contract shall be 8 months unless amended by the City. The expected inspection period is 6 months due to the utilities Contractor having to pause for two months during the construction of the roadway by TXDOT. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-4 above, and for all expenses incurred in performing these services. For services provided in Section I.A.1-4, A/E will submit monthly statements for basic services rendered. In Section I.A.1-3, the statement will be based upon A/E's estimate (and City Concurrence) of the proportion of the total services actually completed at the time of billing. For services provided in Section I.A.4, the statement will be based upon the pement of completion of the construction contract. City will make prompt monthly payments in response to A/E's monthly statements. Page 1 0£2 B. Summary of Fees CONTRACT AMOUNT: The contract amount for the above professional services shall not exceed $60,500, unless amended bythe City. The City will make monthly payments based on invoices submitted by the Engineer based on the following fee schedule: a). Services by the Engineer will be paid at $60 per hour. b) Services by the full time Inspector will be paid at $35 per hour. c) The total estimate fee for the Engineer is computed as follows: Contract and claims management...30 days @ 4hrs/day @ $60/hr ............................................................. $7,200 Construction Observation....5 hrs/wk, 26 wks, 130 hrs $60/hr ............................................................ $7,800 d) The total estimated fee for the full time Inspector is computed as follows: 50 hrs/wk, for 26 weeks, @$35/hr ...................... $45,500 The total contract amount is ........................................... $60,500 Page 2 of 2 File : :ouncilexhibits CORPUS CHRISTI BAY ~N~ CZTY PROJECT NO. eOe2 EXHZBZT "C" Cr_TY COUNC.TL EXH. TB~T SPUR 3, PHASE 2 IMPROVEMENTS ENNT_S O~P,~RT~ENT O? C~C~N~R~~~ J~L~N F~ ~ DR~VE TO S.P.~.D. p~eE: ~ o~ ~ CI~ OF CORPUS CHRiS~ DATE: 02-19-2003 6 AGENDA MEMORANDUM SUBJECT: Acquisition of two Road Easements for the Rincon Bayou Project (8.57 acres) and the Allison Wastewater Treatment Plant Effluent Diversion Demonstration Project (19.83 acres) AGENDA ITEM: Motion authorizing the Acting City Manager, or designee, to accept a Right-of-Way Easement Agreement with The Nature Conservancy of Texas, Inc., for the right of ingress and egress in connection with the Rincon Diversion Project. Motion authorizing the Acting City Manager, or designee, to accept a Right-of-Way Easement Agreement with The Nature Conservancy of Texas, Inc., for the right of ingress and egress in connection with the Allison Wastewater Diversion Project. ISSUE: These road easements are needed to allow the City of Corpus Christi ingress and egress to the City's Rincon Bayou Diversion Project and to the Allison Wastewater Treatment Plant Diversion Demonstration Projects located in the Nueces Delta area. FUNDING: No funding required, the City commits to maintaining the access roads. RECOMMENDATION: Approval of the motion as presented. ~oG~ar a, P. Ean~~ Director, Water Department Attachments: ROW easement (access to Allison project) ROW easement (access to Rincon project) Map Allison Wastewater Treatment Plant Demonstration Diversion Project Rincon Bayou Diversion Project RIGHT-OF-WAY EASEMENT DATE: GRANTOR: GRANTEE: February 25, 2003 ~ THE NATURE CONSERVANCY OF TEXAS, INC. 711 Navarro, San Antonio, Texas 78205 THE CITY OF CORPUS CHRISTI, TEXAS That GRANTOR, for and in consideration of $10.00 and other good and valuable consideration, including perpetual maintenance of the Easement Tract at Grantee's sole expense, to the undersigned paid by the GRANTEE, the receipt and sufficiency of which is hereby acknowledged, have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY unto GRANTEE, a non-exclusive easement and right-of-way upon and across G-rantor's land located in San Patricio County, Texas, for the purpose of providing ingress and egress to Grantee's proper~y from U.S. Highway 77, over and across G-rantor's land more particularly described on Exhibit A attached hereto (the "Easement Tract"). Grantor makes no express or implied warranty concerning any matter, including without limitation, the safety, condition, or suitability of the Easement Tract or any building or structure or improvement on the Easement Tract, for any purpose. Grantee retains all liability for any actions taken by it. Grantee at all times after completing any work on the Easement Tract will remove all trash and debris, and restore the surface of said property, as nearly as possible, to the condition in which said property was found immediately before such work was undertaken. Grantee agrees to fully comply at its sole cost, with all applicable federal, state and local laws, rules and regulations which are applicable to Grantee's activities hereunder, and all laws and regulations governing conservation, endangered species, pollution control, archaeological and historical artifacts, safety, protection of said lands, protection of property and protection of human life. Grantee shall further be responsible, at its sole cost, for obtaining any permits or other authorizations necessary in connection with its activities. This Easement shall be an easement appurtenant to Grantee's tract of land more particularly described in Exhibit B attached hereto. This Easement shall be a covenant running with the land for the benefit of the Grantee, its successors and assigns. Grantee and Grantee's employees, contractors and agents shall have the right to use the Easement Tract as a right-of- way for ingress and egress and shall not use the Easement Tract for any other purpose without first obtaining written consent of Grantor. Nothing herein shall be construed to grant any rights to the public for public access or for any other purpose. This Easement is subject to the following exceptions (collectively, the "Exceptions"): any and all presently existing restrictions (including, without limitation, all restrictions set forth in this grant), easements, reservations, rights, prescriptive rights, rights-of-way, mineral interests, leases, and other encumbrances and matters or other agreements affecting Grantor's Property, including the Easement Tract, and any and all rights relating thereto, including any and all rights currently outstanding in third parties, as well as any and all matters that would be revealed by an inspection or tree and correct Land Title Survey of Grantor's Property, including the Easement Tract. Cyrantee shall be solely responsible for being familiar with and locating the Exceptions on the Easement Tract, and Grantee shall conduct its activities in such manner as to avoid harm to or violation of any such Exceptions. Orantor reserves full possession and use of the surface of the Easement Tract for any purpose so long as such use does not unreasonably interfere with the rights .granted to Grantee herein. TO ItAVE AND TO HOLD unto Grantee, its successors and assigns for the purposes herein granted until the use of said Easement by Grantee shall be abandoned by non-use for two (2) years or more, without express or implied warranty of any kind and subject to the Exceptions and thc reservations, requirements and restrictions set forth herein. IN WITNESS WHEREOF, the undersigned have set our hand this the ~'t~t~ day of ge~ ,2003. THE NATURE CONSERVANCY OF TEXAS, INC. James M. Suientic'~l~ Texas State Director STATE OF TEXAS § COUNTY OF ~P.~&v' This instrument was acknowledged befo~ me,on the ~ day of ~ , 2003, byJ'CLD'~ M. ~ol~&'ch, as 7~'~.s Ch~-hg b'~$fTHE NATURE CONSERVANCY OF TEXAS, INC., Grantor. 2 EXHIBIT A STATE OF TEXAS COUNTY O]~ SAN PATRICIO 8.$7 Acre Road E~emem Field note~ of an 8.57 acre Road Eaa~nenL being nut cfa 398,024 ac~e ~act of land conveyed from Bet~y Anti Paraplln, et al, to John 8: McGregor by Special Warnmty Dccd dasd Atlstlst 6, 1993, and recorded in Clerk's File No. 415239 of tho Real Property Records of San Palric|o County, Texas: Said Road Easement is comprised cfa portion of tho Victoriano Tares and Pedro Villareal Survey, Abs'~act 32, is situated in San Patrleio County, Texas, approximately 3 nxilcs south of the lowa of Odetn, and is described by metes a~d bounc[s a~ folJoxvs: Commencing al a 5/8" iron tod (X = 2285660.72, y - 818496.76) found in thc east line of said .fuan Hart & $on~ Survey, Abshaet l O, a! an interior comer cfa 1439.393 ac~ Iract of land Just surveyed, and the sou~! comer of un 128.01 acre Umet of land conveyed from the F. staIc of Lillin Corder patkcL Deceased, to RoBert L. Pa~ker by Exccutor's Deed dated June 26. 1.970, and recorded in Volume 413, Page 33 of thc Deed Recorc~ of San Pah'icio County, Texas; whence the southeast corner or,id 3nan Hart & Son.n Survey, Abstract 10, bc~x$ S 8' 44' 41" W a distance of 30.00 feet; and fi'om'aald be_obnnl.g pein! *he ]queces 2 Tfiangulafiun Sro*tun (X -- 2274474.89, y ~ 827041.03) bcazs N 52° 37' 32" W, a distance of 14,075.42 foot; Thence S 88° 46' 40" ~; along the south line of said 128.01 acre tract and thc westerly north line of said 1432.393 acre tract, at 501.36 feet pass a 5/g" [run rod with survcym's cap mamped "R.I~LS 1907" sot in the northwest right-of-way line of said lv[issollri Pacific Raih-oad, at the oortheaat comer cfa 30.00 acm U-act of land just surveyed, in ell a distance of 829.00 fe~t to a $/$" LrOn tod found in tho southeast line of U. S. Highway 77, al the northwes~ corner of said 30.00 acre ~c~, and an e×tedor comer of said 1432.393 acre Thence S 43° 4g' 15" W along the southeast line of s01d U. S. Highway 77, the no~hwent line of said 30.00 acre tract, and distance of 1707.87 feet to a 5/8" iron rod with mu'vcyofs cap stamped "RPLS 1907" set for the POINT OF BEGINNING and thc north corner of this easement; Thence S 46° 1 l' 45" E ;don th6 no ' g rtherly n~rtheast line ofth/s easement, a di.vtauec of 60.00 feet to a $/8" ~ron rod ~vith surveyor's cap stmnpefl "KPLg 1907" set for an exterior comer of this casement T~ence S 43° 4f,' W along the northerly set,theist line of th~s casement, a 15" ' distance of $2.07 "' ' feet to a 5/~ non rod w'sth surveyor s cap stamped "RPI.S 1907" ~el for an interior comer of this cascmcnh Thence S 2g~ 45' 13" W continuing ;dong the northerly southeast line of this easement, a distance of 8.21 feet to a 5/8" iron md with surveyor's cap S~arnped "RI'LS 1907" set for an interior comer ofthls e~eaneat; Thenceg46°!1' " ' · 45 E ;dong the southerly northeas! line ofthts easement, a distance of ]292.62 fee! to a 5/8" kon rod with surveyoFs cap stmnped "RPLS 1907" sol in tho west righl-of-way ]/ac of sn/d Mis~ouri Pacific Railroad, for an exterior comer of Thence S 040 49' 59" W along the west fight-of-way line of s;dd Missouri Pacific Padiroed and aa cast linc of Lhis easement, a d{stanee of 4777.99 feet to a 5/g" iron rod with surveyors cap stamped "P~LS 1907" set in thc no~h line ora 63.60 acre t~act of land convoyed to Thomas E. Finch by deed rcconted in Volume 43, Page 372 of the Deed Re~ords of San Particle County, Texas; for th~ southeast comer of this tract; Thence N 76" 06' 42" W along the not~ line of s~fid 63.60 acre Ixact and the Il,to of this easement, a distance of 60.76 faet to 5/8" iron rod with surveyorSs cap s~unped "KPLS 1907" set for the southwest corner of this easement; EXHIBIT B STATB OF TEXAS COUNTY OF SAN PATRICIO John S. McC-regor 30.00 Acre Traot Field notes of a 30.00 acr~ Watt of land, bei~l ~ ora 398,024 a~re tract ofl~d con~ fi~ Be~ ~ p~p~ et ~, to Jo~ S, Mc~egor by S~ci~ W~ Au~ 6, 1993, ~ ~ Cl~k's File No. 415239 of~e Rc~ Pro~ R~ ofS~ Pa~lclo Cowry, Text; ' Sa~d 30.00 acre tlacl Is cOmprised ora portion o£the luan Hart & Sons Survey. Abstract 10, arid the ~ic~oriano Ta~cs and Peclto Villaraal Survey. Abstract 32. is slmated in San Patrioio County. Texas. approximately 3 miles aoulh of thc town ofOdem, a~d is dea~ibod by metes and hnund~ as follows: Comm~Ang at a 5Ia" iron rod (X = 2285660.72, y = g 18696.76) found in ~e ~t ~o of ~d J~ H~ & So~ S~ey, Abs~a~ ] 0, at ~e southeas~ ~mer of ~ 128.01 ~m ~ ofl~d coav~ed ~om ~ E~t~ of Lillic Corder P~ker, Dcce~ed, m ~ L. P~ker by ~ccutor's D~d dated J~e 26. 1970. ~d recorded in Volume 413. P~o 33 of~c D~ Re~ ofS~ Pa~cio Co.w, Text; when~ thc anapest ~mer of~d lu~ H~ & So~ S~y, Abs~ci l 0, ~s S 8° 44' 41" W a d~s~l~ of 30.00 227~74.89, Y - 82~041.03) ~s N 52° 37' 32" W, a dis~ of 14,075.42 fceg Thence S g8° 46' 40" W along th~ south line of ~ald 12 $,01 acre tract and nor. A line of said 398.024 acre tract, a distance of 501.36 feet to a 5/8" h'on rod with surveym% cap slamped "RIALS 1907" set i~ the northwc-st right-of-way llne ortho Missouri Pacific Ralkoad on a curve to thc left. for the BEGINNING POINT ~.d northeast corner offitis tractl Thence in n soulhwost~rly direction with said cur~e to the IoR ~adi~ = 2914.93 feeg Dol~ ~gla = 29~ 36' 53% Chord Bering and Distance is S 19~ 41' 42" W. 1489.82 fee0 along ~e no.west h~t-of-~y l~e ofs~dd Missom~ Pacific I~lroad ~d ~c sought 1~ ofthls ~CL a ~s~ of 1506,53 feet to a point fbr an angle comer of this ~t~ Thence S 05° 34' 35" W coufinuing along the northwest right-of-way line of said Missouri Pacific ILalkoad and the southea~ line of this truer, a dislance of 156.82 feet to a point for an angle comer of this tract; 'thence S 04° 5g' 42" W confinuiug along thc northwest right-of-way linc of sold Missouri Pacific Railroad and 0lo southeast line of this lraet, a thstmace of 98.06 feet to a poim for an anglo comer of this Iract; Thence S 04~ 50' 01" W continuing along thc northwest right-of-way linc of said Missouri Pacific Railroad ,and the southei~t liuc of this tract, a distance of 566.22 fcct to a 5/g" i[On rod v~th surveyor's cap ~nped "KPLS 1907" set for the south comer of this Thence I.146° 11' 45" W along the southwest linc of this tract, a distance of 1354.75 feet to a 518" iron rod with surveyor's cap stamped "RPLS ) 90?" set in die. n orthwe~-t line of said 398.024 acre tracI and tho southeasl right-of-way line of U. S. Itighway 77, for thc w~st comer of this h-act; Thence N 43 ~ 48' 15" B along the southeast kine of said U, S. Highway 77 and the northwest line offlxis tract, a distance of 1767.87 feet to a 518 t on rod found in the sooth line of said 128.01 ~re tract, for the northwest comer of this tract; Thence N 88' 46' 40" E along the south line of said 128.01 acre tract and the north line of this Ixact, a distance of 327.64 feet to the BEGINNING PO1HT of thls tract, COpts;alas 30.00 Itel'es of land, more or less, subject to all casements of record. Beatlags and coordiaates in d~s description were determhted by a (3PS SttrVey/rom the Nuccc$ 2 Tr/all~nht~on Stalion (X == 2274474.89. y = 827041.03) NAD 27 Texas South Zoae. 1, ~lUliua L. Petrus, ~'r., P.~istered Professional Land Rurv~yor of Texas, do hereby cc:Ill7 ~ tlfla deaca/ption rc]nc,sents an actual survc¥ made on thc groumi, lh|s ~he 19th day of g~stered Professional Land Surwyor Texas P, egislradon NO. 1907 15765A:J~ ~ RIGHT-OF-WAY EASEMENT DATE: GRANTOR: GRANTEE: February 25, 2003 THE NATURE CONSERVANCY OF TEXAS, INC. 711 Navarro, San Antonio, Texas 78205 THE CITY OF CORPUS CHRISTI, TEXAS That GRANTOR, for and in conSideration of $10.00 and other good and valuable consideration, including perpetual maintenance of the Easement Tract at Grantee's sole expense, to the undersigned paid by the GRANTEE, the receipt and sufficiency of which is hereby acknowledged, have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY unto GRANTEE, a non-exclusive easement and right-of-way upon and across Grantor's land located in San Patricio County, Texas, for the purpose of providing ingress and egress over and across Grantor's land more particularly described on Exhibit A attached hereto (the "Easement Tract"). Grantor makes no express or implied warranty concerning any matter, including without limitation, the safety, condition, or suitability of the Easement Tract or any building or structure or improvement on the Easement Tract, for any purpose. Grantee retains all liability for any actions taken by it. Grantee at all times after completing any work on the Easement Tract will remove all trash and debris, and restore the surface of said property, as nearly as possible, to the condition in which said property was found immediately before such work was undertaken. Grantee agrees to fully comply at its sole cost, with all applicable federal, state and local laws, rules and regulations which are applicable to Grantee's activities hereunder, and all laws and regulations governing conservation, endangered species, pollution control, archaeological and historical artifacts, safety, protection of said lands, protection of property and protection of human life. Grantee shall further be responsible, at its sole cost, for obtaining any permits or other authorizations necessary in connection with its activities. THIS EASEMENT SHALL BE AN EASEMENT IN GROSS FOR THE BENEFIT OF GRANTEE. GRANTEE SHALL NOT ASSIGN THE EASEMENT TRACT OR THE RIGHTS GRANTED HEREIN, IN WHOLE OR IN PART, TO ANY THIRD PARTY FOR ANY PURPOSE WITHOUT THE PRIOR WRITTEN CONSENT OF GRANTOR, WHICH MAY BE GRANTED OR DENIED AT GRANTOR'S SOLE DISCRETION. GRANTEE AND GRANTEE'S EMPLOYEES, CONTRACTORS AND AGENTS SHALL HAVE THE RIGHT TO USE THE EASEMENT TRACT AS A RIGHT-OF-WAY FOR INGRESS AND EGRESS AND SHALL NOT USE THE EASEMENT TRACT FOR ANY OTHER PURPOSE WITHOUT FIRST OBTAINING WRITTEN CONSENT OF GRANTOR. NOTHING HEREIN SHALL BE CONSTRUED TO GRANT ANY RIGHTS TO TtIE PUBLIC FOR PUBLIC ACCESS OR FOR ANY OTHER PURPOSE. This Easement is subject to the following exceptions (collectively, the "Exceptions"): any and all presently existing restrictions (including, without limitation, all restrictions set forth in this grant), easements, reservations, rights, prescriptive rights, fights-of-way, mineral interests, leases, and other encumbrances and matters or other agreements affecting Grantor's Property, including the Easement Tract, and any and all fights relating thereto, including any and alt rights currently outstanding in third parties, as well as any and all matters that would be revealed by an inspection or true and correct Land Title Survey of Grantor's Proper~y, including the Easement Tract. Grantee shall be solely responsible for being familiar with and locating the Exceptions on the Easement Tract, and Grantee shall conduct its activities in such manner as to avoid harm to or violation of any such Exceptions. Grantor reserves full possession and use of the surface of the Easement Tract for any purpose so long as such use does not unreasonably interfere with the rights granted to Grantee herein. TO HAVE AND TO HOLD unto Grantee for the purposes herein granted until the use of said Easement by Grantee shall be abandoned by non-use for two (2) years or more, without express or implied warranty of any kind and subject to the Exceptions and the reservations, requirements and restrictions set forth herein. IN WITNESS WHEREOF, the undersigned have set our hand this the ~'~ day of ~.a~/ ,2003. ~ NATURE CONSERVANCY OF TEXAS, INC. James M. Sulen~h Texas State Director STATE OF TEXAS COUNTY OF ~ ~ ~. This instrument was acknowledged before me on the 21.'fl~day of [~-IJ, a~N', 2003, by ',J0-m~ ~4. <~, Itr,Ptdn , as y.t~a~ $+r,l-~ Di vech~%f THE--N--,~.TURE CONSERVANCY OF TEXAS, 1NC., Grantor. 2 EXHIBIT A · STATE OF TEXAS Cemedine COUN'I'y O]: SAN PA'I'PdCIO 60 foot ~ _~_ _~mant Ftdd oo~.~ of th= ce-nm'line of a 60 foot Road En.~emem b=ing on. trader ~md n~ross n 1517.29 acr~ ~ of land ~onvey~l lmm Botty'A~n Pnmplln, et al, to John $. M~egor by Spcoi~d Warranty Deed dated August 6, 1993. and reeordad in Clerk's File No. 4152~9 of the Real Property Records of San Pa~/clo County, Texas; $~id 60 foot Road Easement ts c~rnpri~md ora ]x~tlon o£the J. W. H Ol~nnn ~urvey, Absunct 213, is siV.~ated in San Palricio County, Texn% approximately 3 miles sou~h of the ~own of edom. nnd is described by met~ and botmds az follows: Commencing ~ a 5/8"/roe tod (X = 2285660.72, Y = 818496.76) found in the =est linc of said Juan Hart & Sons Survey, Absuact 10, at*.he southeast comer ucrt ~.. ralxer oy ~.xecutor s D~ed dated Sune 26, 1970, and recorded in Volume 413, Pn~e 33 of the Dead Records of San Pan/cio County, Texas; and n~ an interior Comer ora 1432.393 ac~ ~rnct of land just surveyed; whence the southeast corner of said juz~n Hart & $on~ Sun, ay, Absvmct 10. beers $ g°44' 41' W, a di~m~e of 30.00 feet; und from corem .ea~n~ point Vhe Nueee~ 2 Triangular/on Station (X .* 2274474.g9, Y = g27041.03 bears N $2° 37' 32'+ W, a dis~ce of 14,075.42 feet; ) Thence N 05~ 44* 41" E along the southerly east l/ne of said 128.01 acre ~act and a west line of said 1432,393 aero neet, n dimmce of 486.34 feet to a 5/8" iron rod with ~urvcyo~s cap stamped "RPLS 1907" set in the southeast fight-of-way line of the Missouri Pacific Railroad on a curve to the tight and at an mlgle Corner of said 1432.393 acre tract; Thence in a nonhca~terly dh~c~ion with ~ald ourve to the right (Radius ~ 2814.93 feet, Delta Allgle ~ 10° 44' 32", Chord Beming and Distance is N 55° 00' 09" E, 526.99 fee/) alonR the southe~t right.of-way llne of suid Missouri Paci~c Railroad and ~e northwezt l/ne of said 1432.393 acre h'act, a cti~ce of 527.76 feet to a 5/8" iron rod with su~eyofs cap stumped "RPLS 1907" set m an angle comer of said 1432.393 acre Thence N 60" 11' 3g" E continuing along the southeast fight-of-way line of sdd Missouri Pacific Railroad and the non. hwest linc of said 1432.393 acre ~act, a distance of 619.69 feet lo ~he POI2qT OF BEGI2q'N~G and north end of ~he centerl [lie of this The~nce along the cen~erline of said Road £asemcnt as tbllow~: 24~' 53' 37"~ 131.43 feet; ! 5 ° 10' 21" W 65.40 feet; 49~ 05' 14" W 96.02 feet; 67° 17' 13" W 259.13 feet; 79" 32' 06" W 164.45 feet; 58~ 09' 09" W 192.06 feni; 48° 31' 19" W 299.72 feet; 45~ 03' 26" W 124.04 feet; 25~ '~$' 05" W 136.91 feet; 12" 31 ' 30" w 97.71 feet; 05· 4g' 34" E 101.65 feet; 32~ 07' 59" E 128.43 feet; 40~ 2 l' Og" E 968.34 feet; 40° 45' 2~" 1~ 429.35 feet; 33° 32' 28" I~ 152.98 feet; 03° 06' 44" E 310.64 feet; 05* 48' 16" E 164.87 feet; 16° 34' 47" E 263.55 feet; 15° 38' 51" W 75.31 feet; 47' 44' 16" W 76.33 feet; 290.77 feet; 2~6.28 feet; 2~.47 ~ 178.64 355.22 feet;- 103.11 feet 8511.77 feet 97.42 fee' 96.33 feel 132.39 214.58 fee~ 636.58 f~et; 597.53 fee~ 35734 feel 272.88 362,99 re. el 126.47 feet 261.62 feel 49.18 feet 21.22 feet 121.55 feat 153.02 fcet 126.46 fe~t 520.05 323.66 f~.et 114.03 f~et 255.72 fee~ 323.94 fee~ 83,33 fe~ 1 $7.67 fee~ 561.45 S 240 25' 41" E, a distance of 240.38 feet to n point in n southeast line of said 1432.393 acre Iract and in lhe northwes~ tine of a 4.50 acre u-eot (Tract 2) of land conveyed lo O. $. Wyatt by deed recorded in Clerk's File No. 438994 of the Real Property Records of San Palricin Counvy, Texas; for the south end of the centorline of this easement; whence a 5/8" iron rod fotmd al the northwest comer of said 4.50 acre tract (Tract 2) and an interior comer of said 1432.393 acre tract bea~s N 24° 41' 05" distance of 298,66 Bearings and coordinates ia this description were detan~ined by a OPS Survey from thc Nueces 2 Triangulation Station (X = 2274474.89, Y = 827041.03) NAD 27 Texas South I, Julius L. Pelrus, Jr., Registered Professional Land Surveyor of Texas, do hereby cerd fy tha~ this d~scription represents an actual survey made on thc ground, this thc 15th day of R~gt~lered Professional Land Surveyor Texas Regisu'ation No. 1907 15765F:JI~ Thoaex N 04° 4~' $~' E ~long ~ we~ li~ of this e~m~ a di~ of 47~.77 f~ ~o a 5~8~ i~on ~od with surveyors cap s~n~ped "RPLS 1907" s~t for a~ h~e~or comer ofll~ easomem; Thence N 46° ! 1' 45" W along a southwest line of h'tis easement, a distance of ,1231,72 feet to a 5/s" iron rod with surveyofa cap s~mped "RPLS 1907" set for an mlerlor comer of this ea.sement; Thence S 43° 48' 15" W along the westerly seuthea~ line of this easement, a dia-~nee of 60,00 feet to a 5/8" iron rod with surveyor's cap stamped "P-PLS 1907" set for an exterior COm~ of this easement;, Tl~nce N 46' i 1 ' 45" W along a southwest line oft. his easement, a distance of 62.13 feet to e 5/11" iron rod with surveyor's cap s~nmp,t.l. "RPLS 1907" ~et in the northwest line of said 398.024 acre tract, Ibc southeast line of the James F. ~Velder laud. and the nnrtbwest line of said ] 432.393 aero tract, for the west comer of this easement; Thenc~ N 28° 45' 14" E along thc northwest line of said 398.024 acre Iract. the southeast ~ of said James F, Welder land, thc northwesl llne of said 1432.393 a~re tinct, and the nofthw~t line of this easement, a distance of 124.26 feet to a 5/8" iron rod with surveyor's cap sL'tmlled 'RPLS 1907' set in t]~ southeast tight-of-way line of said U. $. Highwa~ 77 and at the west COmer of said 30.00 acre Irsot' for an angle COmer of said 1432.393 ac~e ~'a~t and an angle comer of~is tra~t; Thence N 4q° 48' 15" E along thc southeast line ofsald U. S. Highway 77, the northwest line or.id 30.00 ac~ tract, lite noliherly no~hwest ]inn of said 1432.393 acre bant, and the northerly northwe~ line of~ easement, a distance of 60,00 feet to the POIlqT OF BEGINNING, containing 8.57 acres of land, more or less, subject to all casements nrta:ord. Bearings and coorai~*tes in this desotlption were determined b~, a GPS Survey from tho Nueces 2 Triangulation Sr~tinn (X -- 2274474.89, Y - g27041.03) NAD 27 Texas South Zone. I, Julins L. Pctrus, Jr., Registered Professional Land Sm'veyor of Te.v~, do hereby cer6fy that rbis description represents an actual survey ~a_~ on the ground, this the 20th day of .Tanua~, 2003. 157650:JF Tex~ Regtslration No. 1907 7 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 03/04/2003 AGENDA ITEM: Motion authorizing thc Acting City Manager or his designee to execute a Software Maintenance and Support agreement with PeopleSofl USA, Inc. of Pleasanton, California in the amount of $38,740.00 for twelve (12) months of PeopleSoff software maintenance support based on SOle SOurce. ISSUE: PeopleSott USA, Inc. has submitted invoice #37207 for Software Maintenance and Support Fees pursuant to the terms ofthe License Asreement. Support is for the period 03/25/2003 through 03/24/2004. PeoplcSoit USA, Inc. is the sole provider of this lice~in8 and technical support. According to Local Government Code 252.022(aX7)(D), these are sole source procurement. BACKGROUND: On Mm*ch 24, 1998, City Council authorized the purchase of PeopleSoit Human Resources, Benefits Administration, Payroll, Time & Labor, General Ledger, Payables, Purchas'mg, Asset Management, Projects, Budgets, Inventory, and SQI~ Licensing and technical support for the PeopleSoft applications were included in that purchase. Since this original purchase PeopleSof[ has enhanced their offerings to take include web-basod applications. The six modules up for support renewal, eDevelopment, eCompensation, eBeneflts, eProlile, eReo'uit, and ePay were made available to the City at no initial cost in March 2002. REQUIRED COUNCIL ACTION: City Counc*fl approval is required for ~ expenditures over $25,000. PREVIOUS COUNCIL ACTION: None. FUNDING: The total cost of $38,740.00 will be fimded from the MIS Department current fiscal year operating budget. This purchase is within total project budget. CONCLUSION AND RECOMMENDATION: Staff recommends the purchase of twelve (12) momhs sofavare maintenance and support fees from PeopleSoft USA, Inc. of Pleasanton, California for the total amount of $38, 740.00. Ogllvie G-ericke, Director of MIS 8 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 03/04/2003 AGENDA ITEM: Motion authorizing the Acting City Manager or his de~i_lpteeto execute a Software Maintenance and Support agreement with PeopleSoff USA, Inc. of Pleasanton, California in the amount of $201,625.73 for twelve (12) months of PeopleSol~ software maintenance support based on sole source. ISSUE: PeopleSoff USA, Inc. has submitted invoice #37206 for Software Maintenance and Support Fees pursuant to the t=, cas ofthe License Agreement. Support is for the period 03/25/2003 through 03/24/2004. PeopleSoff USA, Inc. is the sole provider of this licensing and technical support. According to Local Government Code 252.022(aX7)(D), these are sole source procurement. BACKGROUND: On March 24, 1998, City Council authorized the purchase of PeopleSofl Human Resources, Benefits Administration, Payroll, Time & Labor, General Ledger, Payables, Purchasing, Asset Management, Projects, Budgets, Inventory, and SQR. Licensing and technical support for the PeopleSofl applications were included in that purchase. REQUIRED COUNCIL ACTION: City Council approval is required for all expenditures over $25,000. PREVIOUS COUNCIL ACTION: None. FUNDING: The total cost of $201,625.73 will be funded fi.om the MIS Department current fiscal year operating budget. This purchase is within total project budget. CONCLUSION AND RECOMMENDATION: Staff recommends the purchase of twelve (12) months software maintenance and support fees fi.om PeopleSoff USA, Inc. of Pleasanton, California for the total amount of $201,625.73. Ogilvie Gericke, Director of MIS 9 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: March 4, 2003 AGENDA ITEM: Motion authorizing City Manager to execute an amendment to the legal services agreement with Mary Potter of Mathews & Branscomb to assist the City with various legal issues related to the City of Corpus Christi's Health Plan, at an hourly rate of $340, ISSUE: Employment of outside counsel is necessary to assist the City with various legal issues related to the city of Corpus Christi's Health Plan, because they involve a complex and specialized area of law, which the City's legal staff is not qualified to handle. Mary M. Potter, with the law firm of Matthews and Branscomb, is recommended because of her expertise in this area of law. The amendment to the existing legal services agreement will authorize up to an additional $25,000 in legal services. Specific projects under the legal services agreement are authorized by the City Attorney. REQUIRED COUNCIL ACTION: Approval of motion, since the amended legal services agreement will exceed the City Manager's contracting authority. PREVIOUS COUNCIL ACTION: None FUNDING: $25,000 has been certified, and will be encumbered, for this amendment to the legal services agreement from the Risk Management Department fund. CONCLUSION AND RECOMMENDATION: Approval of motion. R.,o'~y ,I;~ining / Acting City Attol~ney 10 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 03/04/03 AGENDA ITEM: AUTHORIZING RESALE OF FIFTEEN (15) PROPERTIES SHOWN ON THE ATTACHED AND INCORPORATED EXHIBIT A WHICH WERE FORECLOSED UPON FOR FAILURE TO PAY AD VALOREM TAXES AND MISCELLANEOUS LIENS, FOR MINIMUM OPENING BID AMOUNTS EQUAL TO PRICES LISTED ON THE ATTACHED EXHIBIT A. ISSUE: Periodically properties located in the City of Corpus Christi are foreclosed by Nuecas County to collect delinquent taxes. If these properties do not sell at the tax foreclosure sale, they are held by Nueces County, Trustee, on behalf of the respective taxing entities, until they can be resold. Section 34.05 of the Property Tax Code requires that the governing body of the respective taxing entities approve the resale of this property. Approval of this Resolution will authorize the Nueces County Judge to execute a resale dccd for each of the properties listed. REQUIRED COUNCIL ACTION: Approval of proposed Resolution authorizing the resale of the listed properties. PREVIOUS COUNCIL ACTION: FUNDING: CONCLUSION AND RECOMMENDATION: Staff recommends that City Council approve the proposed Resolution in order to place the properties back on the tax roll. ../.~,.(Department Head Signature) Attachments: BACKGROUND INFORMATION Periodically, property within the City of Corpus Christi is foreclosed due to nonpayment of ad valorem taxes. When the properties fail to draw a bid equal to the amount owed for taxes and liens at the foreclosure sale, the property is struck off to Nueces County, Trustee. The properties are then advertised for resale to the public and the listed offers are the best prices submitted. The lawfirm of Linebarger, Heard, Goggan, Blair, Graham, Pena & Sampson, L.L.P. is proposing the resale of the listed properties at the bid prices listed. The monies received from this sale are distributed pursuant to the property tax code. The net proceeds from each sale are first applied to pay off the outstanding court costs and the remaining funds are applied pro rata to pay offthe taxes and municipal liens due against the property. Approval of the resolution will authorize the Nueces County Judge to execute a Resale Deed for each of the properties listed and each property will be returned to the property tax role for the upcoming year. OTHERINFORMA~ON: ITEM 1- The property located at 125 Clemmer is a vacant lot (50' x 140') four blocks south of the Del Mar East campus. Additional information about the proposed sale is: Nueces County Appraisal District Number: 8284-0010-0060 Appraisal / Amount Due Amount of I Amou~ Due District Value / Taxing Entities Bid I the&LiensCity Taxes $5,475.00 | $41,490.69 $1,500.00 $17,705.37 $409.69 I Amount City I Variance Will Receive $17,295.68 ITEM 2- The property located at 4249 Green Grove is a vacant residential lot (50' x 150') located off Home Rd. between Kostoryz and Ayers. Additional information about the proposed sale is: Nueces County Appraisal District Number: 2951-0001-0030 District Value /Taxing Enttties I Bid the City Taxes& Liens $6,250.00 ! $4,581.80 I $3,000.00 $1,539.83 Amount City Variance Will Receive $735.00 $804.83 ITEM 3- The property located at 4245 Green Grove is a vacant residential lot (50' x 150') located off Home Rd. between Kostoryz and Ayers. Additional information about the proposed sale is: Nueces County Appraisal District Number: 2951-0001-0040 I Amount Due Appraisal Amount Due Amount of Amount City Variance District Value Taxing Entities Bid the City Taxes Will Receive & Liens $6,250.00 $8,714.38 $3,000.00 $2,120.25 $532.10 $1,588.15 ITEM 4- The property located at 4727 Greenwood is an 8 unit apartment building in poor condition. The building is heavily damaged inside and needs to be gutted and re- furbished throughout. Additional information about the proposed sale is: Nueces County Appraisal District Number: 3134-0100-0033 Appraisal! ! Amount Due Amount of I Amount Due I Amount City District ValueI Taxing Entities Bid I the&CitYLiensT~xesI Will Receive $89,169.00! $130,046.57 $40,000.00 $31,016.49 $9,332.86 Va~nce $21,683.63 ITEM 5- The property located at 4109 Elvira is a 3 unit apartment building in poor condition. The building needs extensive repairs throughout including replacement of plumbing, electrical and mechanical systems. Additional information about the proposed sale is: Nueces Coun~ Appraisal District Number: 5280-0(X)4-0016 Appraisal ~ Amount Due I Amount of Amount Due I District Value /Taxing Entities Bid the City Taxes Amount CityI Variance & Liens Will Receive $43,906.00 ! $54,269.33 $40,000.00 $11,889.90 $8,573.23 $3,316.67 ITEM 6- The property located at 2517 Gollihar Rd. is a vacant residential lot (60' x 170') between Ayers and Kostoryz. Additional information about the proposed sale is: Nueces County Appraisal District Number. 2420-0001-0210 Appraisal/ ! Amount Due I Amount of Amount Due Distltct Value 1Taxing Entities I Bid the City Taxes & Liens $8,880.00 | $15,204.32 I $12,500.00 $3,608.82 Amount City Variance Will Receive $2,872.00 $736.82 ]'I~M 7- The property located at 49 S. Country Club Place is a vacant residential lot (100' x 168') near IH-37 and Up River Road. Additional information about the proposed sale is: Nueces County Appraisal District Number: 1913-0000-0490 Appraisal Amount Due Amount of the City Taxes Amount City Variance District Value Taxing Entities Bid & Liens Will Receive $8,918.00 $24,738.42 $4,000.00 $5,903.56 $857.91 $5,045.65 ITEM 8- The property located at 10907 Leopard St. is a vacant lot (100' x 400') zoned B-4, General Business between Starlite and Violet Rd. Additional information about the proposed sale is: Nueces County Appraisal District Number: 0212-0002-0040 Appraisal Amount Due Amount of the City Taxes Amount City Variance District Value Taxing Entities Bid & Liens Will Receive $100,000.00 $58,026.61 $21,000.00 $12,786.34 $4,401.34 $8,385.00 ITEM[ 9- The property located at 1110 19~ Street has a small 820 Sq. Ft. wood frame home in poor condition located on it. The lot is 50' x 118' and it is near Memorial Medical Center. Additional information about the proposed sale is: Nueces Count~ Appraisal District Number'. 0489-0002-0050 District ValueiTaxing Entities Bid the&CitYLiensTaxes $271405.00 ! $20~443.10 $8,000.00 $5,662.89 I Amount CRy I Variance Will Receive $1,350.99 $4,311.90 ITEM[ 16- The property located at 1506 Howard is a vacant lot (50' x 140') and is located approximately 3 blocks south of City Hall. Additional information about the proposed sale is: Nueces County Appraisal District Number: 6463-0010-0020 Appraisal Amount Due Amount of the City Taxes Will Receive District Value Taxing Entities Bid & Liens $8,475.00 $7,271.93 $848.00 $1,779.70 0 $1,779.70 ITl[M[ 1l- The property located at 2808 Surfside Blvd. is a vacant commercial lot (75' x 130') zoned "Beach Design" located ½ block North of the Texas State Aquarium on North Beach. Additional information about the proposed sale is: Nueces County Appraisal District Number: 1055-0005-0040 Appraisal/ ~ Amount Due Amount of Amount Due District Value / Taxing Entities Bid the&CitYLiensTaxes AmountWill ReceiveCity Variance $52,650.00 ! $26,775.56 $14,111.00 $16,659.96 $7,834.24 $8,825.72 ITEM[ 12- The property located at 210 Osage is a small (620 Sq. Ft.) single family wood frame home on piers, in fair to poor condition. It is on a 50' x 148' lot and is located approximately ½ mile west of the intersection of Port and Agnes. Additional information about the proposed sale is: Nueces Count~ Appraisal District Number: Appraisal ! Amount Due tAmount of DistdctVni.o IBid $18,822.00 / $8,628.42 I$8,500.00 5000-0001-0325 Amount Due I the City Taxes Amount City & Liens Will Receive $1,862.64 $1,722.02 Varisnce $140.62 ITEM 13- The property located at 2603 Sonora is a small (668 Sq. Ft.) wood frame home on a 50' x 111' fenced lot, located near the new HEB on S. Port Avenue. Additional information about the proposed sale is: Nuecas County Appraisal District Number: 3380-0005-0120 AppraisalI'--~ Amount Due Amount of Amount Due District Value / Taxing Entitles Bid the&CitYLiensTaXes Amountwill ReceiveCity $18,477.00 / $7,633.10 $8,001.00 $2,864.97 $1,892.53 Variance $972.44 ITEM 14- The property located at 4614 Leopard St. is an abandoned gas station, the building in fair to poor condition. There are underground petroleum storage tanks present on the property which negatively affects the actual value. Additional information about the proposed sale is: Nueces County Appraisal District Number: 2293-(XX)0-O070 Appr, i /Amount Due Amount of the City Taxes ,Naount City District Value / Taxing Entities Bid Will Receive $59,345.00 / $27,458.46 $10,000.00 $6,153.15 Variance $1,971.49 $4,181.66 ITEM 15- The property located at Timon Blvd. ~ Beach Street on North Beach are commercial lots zoned "apartment-tourist", approximately 22,000 Sq. Ft. in total area with 150' of frontage on Timon Blvd. Additional information about the proposed sale is: Nueces County Appraisal District Number: 1055-0068-0070 Appmiuel / Amount Due Amount of the City Taxes Amount City Variance Taxing Entities Bid & Liens District Value ~ Will Receive $55,793.00 / $21,773.07 $14,111.00 $4,617.68 $2,810.56 $1,807.12 A RESOLUTION AUTHORIZING THIr~ RESALE OF FIFTEEN (1~) PROPERTIES, LISTED ON THE ATTACUE~D EXmBIT A, WHICH WERE FORECLOSED BY NUECES COUNTY FOR FAH~URE TO PAY AD VALOREM TAXES AND MISCEI~I~ANEOUS LW~NS. RESA~ .F. OF TuE~SE PROPERTIES WHJ, BE AT A MINIMUM BID EQUAL TO PRICES LISTED ON ~ ATFACI~D F~UIRIT A. WHEREAS, the taxing authorities hold in trust the properties legally described on the attached and incorporated Exhibit A; and WHEREAS, Nueces County will obtain the highest possible price for the taxing authorities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That pursuant to section 34.05 of the Property Tax Code, the governing body of the City of Corpus Christi hereby authorizes the resale of fifteen (15) properties foreclosed by the county for failure to pay taxes, for a minimum opening bid amount equal to the bid amount listed on each property listed on the attached and incorporated Exhibit A. Attest: Armando Chapa, City Secretary SAMUEL L. NEAt., JR., Mayor City of Corpus Christi Approved as to form this the day of ,20__: Assistant City Attorney By: Lisa Ortiz- Aguilar, City of Corpus Christi Attorney II H:~IUS-DIR~SHARED~PROPSALE~P~m~ 12-19-00.DOC ITEM 1- Legal Description: Property Location: NCAD Tax Number: Bid amount: ITEM 2- Legal Description: Property Location: NCAD Tax Number: Bid amount: ITEM 3- Legal Description: Property Location: NCAD Tax Number: Bid amount: ITEM 4- Legal Description: Property Location: NCAD Tax Number: Bid amount: ITEM 5- Legal Description: Property Location: NCAD Tax Number: Bid amount: ITEM 6- Legal Description: Property Location: NCAD Tax Number: Bid amount: ITEM 7- Legal Description: Property Location: NCAD Tax Number: Bid amount: ITEM 8- Legal Description: Property Location: NCAD Tax Number: Bid amount: EXHIBIT "A' Lot 6, Block 10, Southmoreland Addition 125 Clemmer, Corpus Chdsti, Nueces County, Texas 8284-0010-0060 $1,500.00 Lot 3, Block 1, Green Grove Addition 4249 Green Grove, Corpus Christi, Nueces County, Texas 2951-0001-0030 $3,000.00 Lot 4, Block 1, Green Grove Addition 4245 Green Grove, Corpus Christi, Nueces County, Texas 2951-0001-0040 $3,000.00 Lot 3-A, Block 'A", Hacienda Estates #1 4727 Greenwood, Corpus Chdsti, Nueces County, Texas 3134-0100-0033 $40,000.00 Lot 1-C, Block 4, Molina Subdivision 4109 Elvira, Corpus Christi, Nueces County, Texas 5280-O004-0016 $40,000.00 Lot 21, Block 1, Fen'ell Subdivision 2517 Gollihar, Corpus Chdsti, Nueces County, Texas 2420-0(~1-0210 $12,500.00 Lot 49, County Club Place 49 S. Country Club Place, Corpus Christi, Nueces County, Texas 1913-0000-0490 Lot 4, Block "B', Annaville #1 Addition 10907 Leopard St., Corpus Chdsti, Nueces County, Texas 0212-0002-0040 $21,000.00 ITEM 9- Legal Description: Property Location: NCAD Tax Number: Bid amount: ITEM 10- Legal Description: Property Location: NCAD Tax Number: Bid amount: ITEM 11- Legal Description: Property Location: NCAD Tax Number: Bid amount: ITEM 12- Legal Description: Property Location: NC,aD Tax Number: Bid amount: ITEM 13- Legal Description: Property Location: NCAD Tax Number: Bid amount: ITEM 14- Legal Description: Property Location: NCAD Tax Number: Bid amount: ITEM 15- Legal Description: Property Location: NCAD Tax Number: Bid amount: Continued Pg.2 Lot 5, Block 2, Bayview 1110 19~ Street, Corpus Christi, Nueces County, Texas 0489-0002-0050 Lot 2, Block 10, Paul Court 1506 Howard, Corpus Chdsti, Nueces County, Texas 6463-0010-0020 NE % of Lot 4 & all Lot 6, Block 5, Brooklyn Addition 2808 Surfside Blvd., Corpus Christi, Nueces County, Texas 1055-0005-0040 $14,111.00 Lot 33, Block 1, Meadow Park 210 Osage, Corpus Chdsti, Nueces County, Texas 5000-0001-0325 $8,500.00 Lots 12 & 13, Block 5, High Terrace Subdivision 2603 Sonora, Corpus Chdsti, Nueces County, Texas 3380-0005-0120 $8,001.00 Part of Lots 5, 6 & 7, Ellendale Gardens ~2 4614 Leopard St., Corpus Chdsti, Nueces County, Texas 2293-0000-0070 $10,000.00 Lots 8, 10 & 12, and the NVV portion of Lots 7 & 9, Block 68, Brooklyn Addition Timon Blvd. ~ Beach St.- North Beach, Corpus Chdsti, Nueces County, Texas 1055-0068-0070 $14,111.00 11 CITY COUNCIL AGENDA MEMORANDUM DATE: February 26, 2003 AGENDA ITEM: Ordinance authorizing the City Manager, or his designee, to execute a Use Privilege Agreement with Nueces County Appraisal District, for the right to construct, operate, maintain, and remove a raised concrete front entry approximately 5'-0" in width x 25'-0" in length x 4'-7" in height, within a city public right-of-way (sidewalk area) adjacent to the building located at 201 N. Chaparral Street; and waiving the Use Privilege Agreement fee of $1,250.00 in consideration for the assistance that the Appraisal District provides at no cost to the City of Corpus Christi; and requiring the Nueces County Appraisal District to comply with the specified conditions; and declaring an emergency. ISSUE: ArchitecTKO, on behalf of Nueces County Appraisal District has submitted a request for the City to authorize use of public right-of-way to construct and install a raised concrete front entry in front of the building located on North Chaparral. REQUIRED COUNCIL ACTION: City Charter requires City Council approval for use of any portion of public right-of-way for private purposes. RECOMMENDATION: Staff recommends approval of the ordinance as presented. Art Sosa Acting Director of Development Services Attachments: Exhibit A - Background Exhibit B - Site Location Map, Building Elevations Exhibit C - Ordinance h:\...\gen~ag02\upa~apprasal.m AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION ArchitecTKO, on behalf of Nueces County Appraisal District, has requested a Use Privilege Agreement (UPA) from the City to install a raised concrete front entry approximately 5'-0" in width x 25'-0" in length x 4'-7" in height, within public right-of-way (sidewalk area) in front to the building located at 201 N. Chaparral Street. The raised front entry wil consist of of a handicap ramp and entry steps within City public right-of-way. (See Exhibit B1, Site Location Map). Site & Entrance Plan and Raised Front Entry Section, shows the plan and profile view of the proposed entry (See Exhibits B2, B3, & B4) ProposedRaised Concrete Front Entry. Presently the existing door is at sidewalk level, which allows the floodwaters to enter the entry vestibule everytime there is heavy rains. The raised concrete front entry would be designed to control the floodwaters by raising the vestbule floor level to match the existing finish floor, therefore prohibiting the floodwaters to enter the building. The current floor level of the building is 13-inches above the sidewalk. The raised front entry, will extend approximately 5'-0" in width x 25'-0" in length x 4'-7" in height occupying approximately 125-square feet of public right-of-way (sidewalk area). The Nueces County Appraisal District, will own the raised front entry and all improvements, and will be held solely responsible for all operation, maintenance, and removal of the improvements. An Engineering Permit will be required for any future repairs to the raised front entry, described in this Use Privilege Agreement. All City and private franchised utilities were contacted regarding this UPA. None had any objections, provided the applicant meets the specified conditions set out in the UPA,. Owner has been advised and concurs with all the conditions of the Use Privilege Agreement. A one time fee of ~ has been established, but is recommended to be waived in consideration of the assistance the Appraisal District provides at no cost to the City of Corpus Christi on a regular basis. EXHIBIT A NORll-I SHORELINE ~%~ ~ .... BlmleT SlJlLmlm N e SITE PLAN JOHN SARTAIN p SCALE: 00'R.O.w. B if L Fs S2 M; F� PROPERTY UNE A"USeL DISTRICT 8"NG 14000 SO. n. naRtN 1 C FENCED CONSTRUCTION b AREA EXISTING CURB & GUTTER ' s3ENTRAC SCALE: 1/4 "=j , —of, mm 5Ft. _i Radius / — — 14'-3 3/4" — A3 GAS STANDARD HANDRAIL I FENCED CONSTRUCTION — -� AREA �6" CURB O I �� ENTRY ELEVATION SCALE: 1 /4"=1'-0" AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A USE PRIVILEGE AGREEMENT WITH NUECES COUNTY APPRAISAL DISTRICT FOR THE RIGHT TO CONSTRUCT, MAINTAIN AND REMOVE A RAISED CONCRETE FRONT ENTRY APPROXIMATELY 5'-0" IN WIDTH BY 25'-0' IN LENGTH BY 4'-7" IN HEIGHT, WITHIN A CITY PUBLIC RIGHT-OF-WAY (SIDEWALK AREA) ADJACENT TO THE BUILDING LOCATED AT 201 N. CHAPARRAL STREET; AND WAIVING THE FEE OF $1,250 IN CONSIDERATION FOR THE ASSISTANCE THE APPRAISAL DISTRICT PROVIDES AT NO COST TO THE CITY; AND REQUIRING THE NUECES COUNTY APPRAISAL DISTRICT TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, in order to satisfy the requirements of Chapter 316 Texas Transportation Code, the City Council makes the following findings; and WHEREAS, the City Council finds that the front entry (ramp) will not be located on, or extend onto or intrude into the roadway portion of the N. Chaparral Street fight-of-way or on the part of the adjacent sidewalk needed for pedestrian use; WHEREAS, the City Council finds that the installation of the ramp will not create a hazardous condition or obstruction of vehicular or pedestrian travel on N. Chaparral Street or the adjacent sidewalk; and WHEREAS, the City Council finds that the design and location of the ramp includes all reasonable planning to minimize potential injury or interference to the public in the use of N. Chaparral Street and the adjacent sidewalk; and WHEREAS, the City Council finds that the use of the ramp will not interfere with the public use of N. Chaparral Street or adjacent sidewalk; and WHEREAS, the City Council finds that the use of the ramp will not create a dangerous condition on N. Chaparral Street or the adjacent sidewalk; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the City Manager, or his designee, is hereby authorized to execute a use privilege agreement with the Nueces County Appraisal District for the right to construct, install, operate, maintain and remove a raised concrete front entry approximately 5'-0" in width, by 25'- 0" in length, by 4'-7" in height, within a City public fight-of-way adjacent to the building located at 201 N. Chaparral Street. \\CLSTR 1 _USERS2_SERVER\USERS2\LEG-DIR~Joseph\ORD-upa-AppDst.doc SECTION 2. That the Nueces County Appraisal District comply with the terms and conditions of the use privilege agreement, a copy of which is on file with the City Secretary, and be subject to the following conditions as part of the use privilege agreement: That the recommended one time use privilege agreement fee of $1,250 be waived by the City in consideration for the continuous assistance that the Appraisal District provides to the City of Corpus Christi. The raised concrete from entry will extend approximately 5'-0" in width by 25'-0" in length by 4"-7" in height, occupying approximately 125-square feet of city public right- of-way (sidewalk area). Nueces County Appraisal district will own the raised front entry and all improvemems, and will be held solely responsible for all operation, maintenance, and removal of the improvements. An engineering permit will be required for any future repairs to the raised from entry described in the use privilege agreement. 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 efficiem 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 4th day of March, 2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor Approved p~,~_~_~ 2_~- ,2003 By: Joseph~ey~5~ Assistant City Attorney For City Attorney \\CLSTRI_USERS2 SERVER\USERS2\LEG-D1R\Joseph\ORD-upa-AppDst.doc Corpus Christi, Texas day of ,2003 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 requiting 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 City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott \\CLSTRI_USERS2 SERVER\USERS2\LEG-DIR\Joseph\ORD-upa-AppDst.doc 12 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: March 4, 2003 AGENDA ITEM: A. An Ordinance appropriating $2,473.10 from the unappropriated interest earnings from the 2001 Museum Capital Improvement Bond Fund No. 3261 into Fund No. 3261 for project enhancements for the Bond Issue 2000 Projects; amending the Capital Budget adopted by Ordinance No. 025144 by increasing appropriations by $2,473.10; and declaring an emergency. B. An Ordinance appropriating $160,664.48 from the unappropriated interest earnings from the 2001 Park and Recreation Capital Improvement Bond Fund No. 3288 into Fund No. 3288 for project enhancements for the Bond Issue 2000 projects; amending the Capital Budget adopted by Ordinance No. 025144 by increasing appropriations by $160,664.48; and declaring an emergency. C. An ordinance appropriating $244,844.93 from the unappropriated interest earnings from the 2001 Public Health & Safety Capital Improvement Bond Fund No. 3358 into Fund No. 3358 for project completion of the Bond Issue 2000 projects; amending the Capital Budget adopted by Ordinance No. 025144 by increasing appropriations by $244,844.93; and declaring an emergency. D. An ordinance appropriating $362,320.02 from the unappropriated interest earnings from the 2001 Street Capital Improvement Bond Fund No. 3640 into Fund No. 3640 for project completion of the Bond Issue 2000 projects; amending the Capital Budget adopted by Ordinance No. 025144 by increasing appropriations by $362,320.02; and declaring an emergency. ISSUE: Additional funding is needed to complete or enhance existing projects. An appropriation ordinance must be approved before the interest earnings may be expended. This will permit the city to proceed with additional work (See Exhibit "A" - Page 2). FUNDING: Funding for this agenda item is available in unappropriated interest reserves for the Bond Issue 2000 Capital Improvement Program Bonds CONCLUSION AND RECOMMENDATION: Approval of the motion is recommended. ~Dingel R. Escobar, P. E., rector of Engineering Services Attachments: Exhibit "A" Background H:~I"IOME'd. YNDAS\GEN'~I2000~InteresI AppropriationsV~genda Mar 4-03Wlemo. DOC AGENDA MEMOR.N~IDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Interest Appropriations for Bond Issue 2000 project funds PRIOR COUNCIL ACTION: 1. November 14, 2000 - Ordinance canvassing returns and declaring the results of the Special Election held on November 7, 2000, in the City of Corpus Christi for the adoption of seven propositions; adoption and levying a sales and use tax pursuant to Section 4A of The Development Corporation Act as approved by the voters in Propositions 4 and 5 (Ordinance No. 024269). 2. December 17, 2002 - Approval of the Fiscal Year 2002-03 Capital Improvement Budget for $299,913,200 (Ordinance No. 025144). PRIOR ADMINISTRATIVE ACTION: 1. October 18, 2000 - Distribution of Request For Qualifications (RFQ) No. 2000-08 (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local amhitectural and engineering firms. 2. November 10, 2000 - Addendum No. I to the Request For Qualifications (RFQ) No. 2000-08 (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 7'3 local amhitectural and engineering firms. 3. January 10, 2001 - Addendum No. 2 to the Request For Qualifications (RFQ) No. 2000-08 (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. FUTURE COUNCIL ACTION: Award of remaining construction contracts to complete Bond Issue 2000 projects. PROJECT BACKGROUND: On Tuesday, November 7, 2000, the City of Corpus Christi held an election to consider a number of ballot propositions to fund major capital improvements for the community, Bond Issue 2000. The November 7, 2000 election was held jointly with Nueces County and coincided with the Presidential Election. The Bond Issue 2000 package includes $30.8 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Public Health and Safety, Parks and Recreation/Museum, and Street Improvement projects. The proposed projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. Funds collected from bond sales are invested in interest beadng securities. These funds accumulate interest reserves which cannot be spent until appropriated by City Council. At this time it has become necessary to appropriate interest balances to complete or enhance voter-approved Bond Issue 2000 projects. Additional proposed work will include: A. Repairs to the museum ceiling necessary to correct gaps and complete compliance of Fire Code Requirements for the Fire Suppression system; B. Additional youth sports field lighting within each approved park, and other selected park improvements to voter-approved parks. C. Supplement the budget for the construction of the fire and police training facility and increase the scope of the Animal Shelter and Vector Control Facility; and D, Cover anticipated shortfalls in street projects due to increased cost of asphalt and fuel. EXHIBIT "A" Page 2 of 2 APPROPRIATING $2,473.10 FROM THE UNAPPROPRIATED INTEREST EARNINGS FROM THE 2001 MUSEUM CAPITAL IMI~ROVEMENT BOND FUND NO. 3261 INTO FUND NO. 3261 FOR PROJECT ENHANCEMENTS FOR THE BOND ISSUE 2000 PROJECTS; AMENDING CAPITAL BUDGET ADOPTED BY ORDINANCE NO. 025144 BY INCREASING APPROPRIATIONS BY $2,473.10; AND DECLARING AN EMERGENCY. BE IT ~RDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS. SECTION 1. That $2,473.10 is appropriated from the unappropriated interest earnings from the 2001 Museum Capital Improvement Bond Fund No. 3261 into Fund No. 3261 for project enhancements for the Bond Issue 2000 projects. SECTION 2. That the Capital Budget adopted by Ordinance No. 025144 is amended by increasing appropriations by $2,473.10. 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 ., 2003. ATTEST: THE CITY OF CORPUS CHRISTI Annando Chapa City Secretary Approved: Febmary27,2003 Samuel L. Neai, Jr. Mayor Lisa Aguilar () Assistant City ~ttorney For City Attorney APPROPRIATING $160,664.48 FROM TUE UNAPPROPRIATED INTEREST EARNINGS FROM THE 2001 PARK AND RECREATION CAPITAL IMPROVEMENT BOND FUND NO. 3288 INTO FUND NO. 3288 FOR PROJECT ENHANCEMENTS FOR THE BOND ISSUE 2000 PROJECTS; AMENDING CAPITAL BUDGET ADOPTED BY ORDINANCE NO. 025144 BY INCREASING APPROPRIATIONS BY $160,664.48; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $160,664.48 is appropriated from the unappropriated interest earnings from the 2001 Park and Recreation Capital Improvement Bond Fund No. 3288 into Fund No. 3288 for project enhancements for thc Bond Issue 2000 projects. SECTION 2. That the Capital Budget adopted by Ordinance No. 025144 is amended by increasing appropriations by $160,664.48. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the __ day of ~ 2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: February 27, 2003 Samuel L. Neal, Jr. Mayor Lisa Aguilar . Assistant City Attorney For City Attorney APPROPRIATING S244,844.93 FROM THE UNAPPROPRIATED INTEREST EARNINGS FROM THE 2001 PUBLIC HEALTH AND SAFETY CAPITAL IMPROVEMENT BOND FUND NO. 3358 INTO FUND NO. 3358 FOR PROJECT COMELETION OF BOND ISSUE 2000 PROJECTS; AMENDING CAPITAL BUDGET ADOPTED BY ORDINANCE NO. 025144 BY INCREASING APPROPRIATIONS BY $244,844.93; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $244,844.93 is appropriated from the unappropriated interest earnings from the 2001 Public Health and Safety Capital Improvement Bond Fund No. 3358 into Fund No. 3358 for project completion of Bond Issue 2000 projects. SECTION 2. That the Capital Budget adopted by Ordinance No. 025144 is amended by increasing appropriations by $244,844.93. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (I) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter nde that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of ,2003. ATTEST: THE CITY OF CORPUS CHRISTI Arrnando Chapa City Secretary Approved: February27,2003 Samuel L. Neal, Jr. Mayor Lisa Aguilar [J Assistant City Attorney For City Attomey ORDINANCE APPROPRIATING $362,320.02 FROM THE UNAPPROPRIATED INTEREST EARNINGS FROM THE 2001 STREET CAPITAL IMPROVEMENT BOND FUND NO. 3540 INTO FUND NO. 3540 FOR PROJECT COMPLETION OF BOND ISSUE 2000 PROJECTS; AMENDING CAPITAL BUDGET ADOPTED BY ORDINANCE NO. 025144 BY INCREASING APPROPRIATIONS BY $362,320.02; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $362,320.02 is appropriated from the unappropriated interest earnings from the 2001 Street Capital Improvement Bond Fund No. 3540 into Fund No. 3540 for completion of Bond Issue 2000 projects. SECTION 2. That the Capital Budget adopted by Ordinance No. 025144 is amended by increasing appropriations by $362,320.02. 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 adminislxation of City affairs and (2) suspends the Charter nde that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of ,2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: February 27, 2003 Samuel L. Ne, al, Jr. Mayor Lisa Aguilar Assistant City Attorney For City Attorney 13 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: February 18, 2003 AGENDA ITEM: Ordinance Amending the Code of Ordinances Chapter 53 - Traffic, Section 53-84, Project Eligibility Requirements and Design Standards, by Adding Discretionary Language to the Guidelines for Location of Traffic Calming Devices; Providing for Severance; and Providing for Publication. ISSUE: The ordinance as drafted requires the city traffic engineer to consider and comply with several factors in the location of speed humps. These factors have resulted in the inability to place the number of eligible speed humps on certain streets and in one or two cases prevented any speed humps from being installed. FUNDING: The ordinance amendment requires no expenditure of funds. CONCLUSION AND RECOMMENDATION: Approval of the ordinance as presented. Director, Engineering Services Attachments: EEXhibit _A: ~.a(;J(ground Information Xnlbit ~: uralnance H:\HOME~KEVINS\GEN\TrafficEngr~Ord-TrfCalmAgendaMemo.doc AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Location of Traffic Calming Devices - Ordinance Amendment PRIOR COUNCIL ACTION: April 29, 1998 - Ordinance authorizing the installation of residential traffic calming devices, establishing eligibility requirements, project prioritization, citizen cost participation, design requirements and study processes (Ord. # 023289). July 23, 2002 - Ordinance Adopting the FY 2002 - 2003 Annual Budget which provided funding for the operation of the residential traffic calming program (Ord. # 024974). BACKGROUND: The ordinance is very specific in its language governing the placement of speed humps. This has made the placement of speed humps difficult on certain streets. The ordinance presently mandates that speed humps: · Cannot be located in front of a driveway or within 100 feet of an intersection; · The first speed hump in a series must be installed downstream within 200 feet of a stop sign; · Cannot be located over, or contain manholes or be adjacent to fire hydrants or driveways; · Must be located downstream of drainage inlets or have special treatment; · Be located on property lines rather than directly in front of a residence; and · The property owner must concur with the placement adjoining his/her property. These factors have resulted in the number of speed humps actually installed being less the number for which certain streets were otherwise eligible. Staff has also had occasional difficulty identifying locations on a street that meet the criteria. APPEAL: The proposed amendment is the result of a 2002 appeal of the decision to allow only one speed hump on Gold Ridge Drive. During the course of the required traffic study, it was determined that the ordinance precluded installation on Gold Ridge Drive, with the exception of one location. The ordinance also requires the concurrence of the adjoining property owner prior to installation. The City Legal Department determined that the ordinance did not permit staff discretion in the placement of speed humps. This resulted in an appeal to the Transportation Advisory Committee on August 26, 2002. IExhbitA 1 Page 1 of 2 H:\HOME\KEVlNS\GEN\TrafficEngr~Ord-TrfCalmAgendaBkgExhA.doc The Transportation Advisory Committee granted the appeal allowing two speed humps to be placed on Gold Ridge Drive. The Committee asked if this would set precedence for future similar cases. As the ordinance would continue to prohibit staff from using discretion, the Committee directed staff to develop a proposed amendment that would give staff discretion in the placement of speed humps. TRAFFIC ADVISORY COMMITTEE RECOMMENDATION: The proposed amendment was present to the Transportation Advisory Committee on January 27, 2002. The Transportation Advisory Committee endorsed the proposed amendment giving the Traffic Engineer discretion to make adjustments. Exhbit A Page 2 of 2 H:\HOME\KEVlNS\GEN\TrafficEngr~Ord-TrfCalmAgendaBkgExhA.doc AN ORDINANCE AMENDING THE CODE OF ORDINANCES CHAPTER 53- TRAFFIC, SECTION 53-84, PROJECT ELIGIBILITY REQUIREMENTS AND DESIGN STANDARDS, BY ADDING DISCRETIONARY LANGUAGE TO THE GUIDELINES FOR LOCATION OF TRAFFIC CALMING DEVICES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That the Code of Ordinances, City of Corpus Christi is amended by amending Chapter 53-Traffic, Section 53-84, Project eligibility requirements and design standards, by adding discretionary language to the guidelines for location of traffic calming devices. CHAPTER 53 TRAFFIC Sec. 53-84. (3) ARTICLE IV. TRAFFIC-CONTROL DEVICES DIVISION 2. RESIDENTIAL TRAFFIC CALMING DEVICES Project eligibility requirements and design standards. Design standards for speed humps. c. The following points :~a2! will be considered when locating speed humps (or other traffic calming device)+, but may be adiusted at the discretion of the city traffic engineer due to local circumstances in each case. 1. Speed hump will not be located in fi'ont ora driveway or within an intersection. Speed humps will not be located within one hundred (100) feet of an intersection. 2. The first hump in a series should be installed within approximately two hundred (200) feet downstream of a stop sign. 3. Speed humps will not be located over, or contain, manholes or be located adjacent to fire hydrants or driveways. 4. For humps located near drainage inlets, the hump will be placed just downstream of the inlet. If this is not feasible, Exhibit B 1 Page 1 of 3 special treatment must be considered for drainage. 5. If possible, humps will be located on property lines rather than directly in fi'om of a residence. 6. The advantage of existing or potential street lighting should be taken into account when determining hump locations. Traffic control: Traffic control consisting of signs, pavement markings and enhanced street lighting should be provided to advise roadway users of a speed hump's presence and to guide their subsequent action. Traffic signs and pavement markings shall conform to the Texas Manual of Uniform Traffic Control and Devices (MUTCD) standards. SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. Exhibit B j Page 2 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of ,2003, 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 ., 2003, 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 ,2003. CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved ,2003 By: Joseph Hamey Assistant City Attorney For City Attomey Samuel L. Neal, Jr. Mayor Exhibit B Page 3 of 3 14 I II I CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: March 4. 2003 AGENDA ITEM: Item A: Motion to amend prior to second reading to reflect the Speed Limit Change. On Saratoga Boulevard, (S.I-L 357): revising the existing speed limits to the following: 55 mph from Old Brownsville Road (F.M. 665) to the southbound frontage road of the Crosstown Expressway (S.H. 286). 50 mph to 45 mph from the southbound frontage road of the Crosstown Expressway (S.H. 286) to Rodd Field Road (S.H. 357) except that portion where school zone flashers are displayed indicating 30 mph. On Rodd Field Road, (S.R 357): revising the existing speed limits to the following: 55 mph to 45 mph from Holly Road to the centerline of Saratoga Boulevard (S.H. 357). Item B: On Saratoga Boulevard, ( S.H. 357): revising the existing speed limits to the following: 55 mph from Old Brownsville Road (F.M. 665) to Ayers SU'eet (S.H. 286). 50 mph to 45 mph from Ayem Street (S.H. 286) to Rodd Field Road (S.I-[ 357) except that portion where school zone flashers are displayed indicating 30 mph. On Rodd Fireld Road (S. I4_ 357): revising the existin~ speed limits to the following: 55 mph from Holly Road to the centerline of Saratoga Boulevard (S.H. 357). ISSUE: Speed Limit Revisions are necessary to reflect changes in abutting land use and travel patterns. The Texas Department of Transportation (TxDOT) recently completed a traffic engineering study to review the speed limit on Saratoga Blvd. The Limits extend from Old Brownsville Road (F.IV[ 665) to Rodd Field Road to South Padre Island Drive. Based on this study, TxE~T determined that a change in the speed limit is warranted within State Right of Way located within City Limits of the City of Corpus Christi. PREVIOUS COUNCIL ACTION: First Reading February 25, 2003 RECOMMENDATION: Staff recommends approval of the motion as presented 'Ah~el R. Escobar, P. E. Director of Engineering Services BACKGROUNDINFORMATION SUBJECT: Revised SIcccd Limit Saratoga Blvd (S.H. 357) and Rodd Field Road (S.H. 357) BACKGROUND: The Texas Department of Transportation (TxDOT) completed a traffic engineering investigation to review the existing speed limit on Saratoga Blvd (SH 357) betwccn Old Brownsville Road (F.M. 665) and Rodd Field Road (S.H. 357) and on Rodd Field Road (S.H. 357) between Saratoga Blvd and South Padre Island Drive (S.H. 358). This road section is now characterized with different sections with different speed limit zones. SARATQGA BLVD (S.H. 357) AND ROOD REID ROAD (S.H. 357): The proposed project consists of Iow~dng the spccd limit along a longer section of Saratoga Boulevard that now includes a range from 45 mph to 55 mph. The Transportation Advisory Committee will review these TxDOT recommendations on Monday, February 24, 2003 at a regularly scheduled meeting. The City's Traffic Engineering Office concurs with TxDOT's recommended speed limit revisions. Page 1 of 1 3 0 0 n x �v a s 3 w S. PADRE of ISLAND DR, 3 LDQ a HOLLY F` q � J zzz W SARATOGA LLJ O i W Q OSa KwY W YORKTOWN PROPOSED SPEED ZONES: ® 55 MPH 45 MPH PROPOSED SPEED ZONES ON CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES SARATOGA BLVD. PAGE: 1 of 1 CITY OF CORPUS CHRISTI, TEXAS DATE: 02/19/2003 wG NOT TO SCALE ORDINANCE AMENDING THE CODE OF ORDINANCES SECTION 53-254, SCHEDULE V, INCREASE OF STATE SPEED LIMIT IN CERTAIN ZONES, BY REVISING THE SPEED LIMITS ON THE FOLLOWING STREET SECTION: On Saratoga Boulevard, (S.H. 357): revising the existing speed limits to the following: 55 mph from Old Brownsville Road (F.M. 665) to the southbound frontage road of the Crosstown Expressway (S.H. 286). 50 mph to 45 mph from the southbound frontage road of the Crosstown Expressway (S.H. 286) to Rodd Field Road (S.H. 357) except that portion where school zone flashers are displayed indicating 30 mph. On Rodd Field Road, (S.H. 357): revising the existing speed limits to the following: 55 mph to 45 mph from Holly Road to the centerline of Saratoga Boulevard (S.H. 357). PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That the Code of Ordinances, City of Corpus Christi is amended by amending Section 53-254, Schedule V, Increase of state speed 1Lmit in certain zones, by revising the speed limits on the following street section: On Saratoga Boulevard, (S.H. 357): revising the existing speed limits to the following: 55 mph from Old Brownsville Road (F.M. 665) to the southbound frontage road of the Crosstown Expressway (S.H. 286). 50 mph to 45 mph from the southbound frontage road of the Crosstown Expressway (S.H. 286) to Rodd Field Road (S.H. 357) except that portion where school zone flashers are displayed indicating 30 mph. On Rodd Field Road, (S.H. 357): revising the existing speed limits to the following: 55 mph to 45 mph from Holly Road to the centerline of Saratoga Boulevard (S.H. 357). CHAPTER 53 TRAFFIC ARTICLE VIII. SCHEDULES Sec. 53-254. Schedule V, increase of state speed limit in certain zones. Saratoga Boulevard (S.H. 357): From Old Brownsville Road (F.M. 665) to the southbound frontage road of the Crosstown Expressway (S.H. 286)---55 mph--At all times From the southbound frontage road of the Crosstown Expressway (S.H. 286) to Rodd Field Road (S.H. 357) 45--At all times, except that portion where school zone flashers are displayed indicating 30 mph Rodd Field Road ($.H. 357): From Holly Road to the centerline of Saratoga Boulevard (S.H. 357)---5 45 mph-- All times SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made one time in the official publication of the City of Corpus Christi as required by City Charter of the City of Corpus Christi. SECTION 4. Penalties are as provided in Sec. 53-55 Code of Ordinances. That the foregoing ordinance was read for the first time and passed to its second reading on this the Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly day of ., 2003, by the following vote: Rex A. Kirmison John Longoria Jesse Noyola Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of ., 2003, 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. ) 2003. CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved ., 2003; By: Samuel L. Neal, Jr. Mayor Joseph Hamey Assistant City Attorney For the City Attorney ORDINANCE AMENDING THE CODE OF ORDINANCES SECTION 53-254, SCHEDULE V, INCREASE OF STATE SPEED LIMIT IN CERTAIN ZONES, BY REVISING THE SPEED LIMITS ON THE FOLLOWING STREET SECTION: On Saratoga Boulevard, (S.H. 357): revising the existing speed limits to the following: 55 mph from Old Brownsville Road (F.M. 665) to Ayers Street (S.H. 286). 50 mph to 45 mph from Ayers Street (S.H. 286) to Rodd Field Road (S.H. 357) except that portion where school zone flashers are displayed indicating 30 mph. On Rodd Field Road, (S.H. 357): revising the existing speed limits to the following: 55 mph to 45 mph from Holly Road to the centerline of Saratoga Boulevard (S.H. 357). PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That the Code of Ordinances, City of Corpus Christi is amended by amending Section 53-254, Schedule V, Increase of state speed limit in certain zones, by revising the speed limits on the following street section: On Saratoga Boulevard, (S.H. 357): revising the existing speed limits to the following: 55 mph from Old Brownsville Road (F.M. 665) to Ayers Street (S.H. 286). 50 mph to 45 mph from Ayers Street (S.H. 286) to Rodd Field Road (S.H. 357) except that portion where school zone flashers are displayed indicating 30 mph. On Rodd Field Road, (S.H. 357): revising the existing speed limits to the following: 55 mph to 45 mph from Holly Road to the centerlin¢ of Saratoga Boulevard (S.H. 357). CHAPTER 53 TRAFFIC ARTICLE MI1. SCHEDULES Sec. 53-254. Schedule V, increase of state speed limit in certain zones. Saratoga Boulevard (S.H. 357): From Old Brownsville Road (F.M. 665) to Ayers Street (S.H. 286) 55 mph--At all times From Ayers Street (S.H. 286) to Rodd Field Road (S.H. 357) 45--At all times, except that portion where school zone flashers are displayed indicating 30 mph Rodd FieM Road (S.H. 357): From Holly Road to the centerline of Saratoga Boulevard (S.H. 357)---5 45 mph-- All times SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made one time in the official publication of the City of Corpus Christi as required by City Charter of the City of Corpus Christi. SECTION 4. Penalties are as provided in Sec. 53-55 Code of Ordinances. That the foregoing ordinance was read for the first time and passed to its second reading on this the __ Samuel L. Neal, Jr. Brem Chesney Javier D. Colmenero Henry Garrett Bill Kelly .dayof ,2003, by the following vote: Rex A. Kinnison John Longoria Jesse Noyola Mark Scott That the foregoing ordinance was read for the second tune and passed finally on this the day of ~ 2003, by the following vote Samuel L. Neal, Jr. Brem 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 ,2003. CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved ,2003; By:. Samuel L. Neal, Jr. Mayor Joseph Hamey Assistant City Attorney For the City Attorney 15 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Comprehensive Annual Financial Report (CAFR) for the Fiscal Year Ended July 31,2002. STAFF PRESENTER(S): Name Title/Position 1. Lee Ann Dumbauld Director of Financial Services Department Financial Services OUTSIDE PRESENTER(S): Name 1. John Shepherd Title/Position Partner Orflanization Collier, Johnson, & Woods ISSUE: Each year the City of Corpus Chdsti issues its Comprehensive Annual Financial Report (CAFR) at the conclusion of its external audit as required by state statute. BACKGROUND: Section 103.001 of Texas State statute requires municipalities to have its records and accounts audited annually and have an annual financial statement prepared on the audit. In accordance with this statute, the City of Corpus Christi hired Collier, Johnson, & Woods to conduct the external audit for the fiscal year ended July 31, 2002. The CAFR for the fiscal year ended July 31,2002, is the first financial statement the City of Corpus Christi has issued implementing the change in reporting format as required by Government Accounting Standards Board (GASB) Statement No. 34. REQUIRED COUNCIL ACTION: none Additional Background [] Exhibits [] Lee Ann Dumbauld d-- Director of Financial Services 16 AGENDA CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION DATE: TIME: PLACE: Tuesday, Mamh 4, 2003 During the meeting of the City Council beginning at I p.m. City Council Chambers 1201 Leopard St. Corpus Christi, TX 78401 President Rex Kinnison calls meeting to order. Secretary Armando Chapa calls roll. Board of Directors Rex A. Kinnison, President Javier Colmenero, Vice President Brent Chesney Henry Garrett Bill Kelly John Longoria Mark Scott Jesse Noyola Samuel L. Neal Jr. Officers Vacant, General Manager Armando Chapa, Secretary Mary Juarez, Asst. Secretary Lee Ann Dumbauld, Treasurer Constance Sanchez, Assistant Treasurer Approve Minutes of August 27, 2002. Appointment of General Manager. Public Comment. 6. Adjournment. MINUTES CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION AUGUST 27, 2002 7:06 P.M. PRESENT Board of Direet0rs Rex A. Kinnison, President Savier Colmenero, Vice President Brent Chemey* Henry C, arrett* Bill Kelly $ohn Longuria Samuel L. Neal Jr, Sesse Noyola Mark Scott Officers David Garcia, General Manager Armando Chapa, Secretary Lee Ann Dumbauld, Treasurer President Kinnison called the meeting to order in the Council Chambers o fCity Hall. Secretary Chapa verified that a quorum of the Board was present to conduct the meeting and that notice of the meeting had been properly posted. President Kinnison called for approval of the minutes of the July 23, 2002 meeting. Mr. Colmenero made a motion to approve the minutes, seconded by Mr. Kelly, and passed unanimously (Chesney and Garrett absent). President Kinnison referred to Item 4, financial report. Mr. Garcia said the financial report was included in the board members' packets. He said it shows a fund balance as of June 30, 2002, totaling $19,843,820. *Mr. Chesney arrived at 7:08 p.m. President Kinnison opened discussion to Item 5, appointment of Assistant Treasurer. A motion was made to appoint Constance Sanchez and passed unanimously (Noyola and Garrett absent). President Kinnison announced the executive session pursuant to Texas Government Code Sections 551.071 and 551.072 regarding Frost Brothers/Liehtenstein Building, with possible discussion and action related thereto in open session. The board went into executive session. (*Mr. Garrett arrived during the executive session.) The board returned from executive session. A motion was made to approve Item 6 as follows: Motion authorizing the General Manager to accept the offer of Bel Claire Properties to buy out the reversion interest on the Lichtenstein Building for $30,000 and execute accordingly. The foregoing motion passed as follows: Kinnison, Chesney, Colmenero, Garrett, Longoria, Neal, Noyola, and Scott voting "Aye"; Kelly voting no. President Kinnison called for comments from the audience, and there were none. There being no further business to come before the Corporation, he declared the meeting adjourned at 7:30 p.m. on August 27, 2002. orpus Christi