HomeMy WebLinkAboutAgenda Packet City Council - 04/22/2003 (J)CITY
COUNCIL
AGENDA
city of
Corpus
Christi
April 22, 2003
12:00 noon. Joint Meeting of the City Council and the Corpus Christi Regional Economic
Development Corporation to provide a quarterly update on current economic activity in the
community and current efforts by the Economic Development Corporation. ( City Hall, 6~ floor
Conference Room)
1:45 p.m. "At Your Service Award" City Staff Recognition
AGENDA
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD
APRIL 22, 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. If you have a petition or other information pertaining to your
subject, please present it to the City Secretary.
Si ud. Desea dirfgirse al Concilio y cree que su ingl~s es limitado, habr~ un int~rprete ingl~s-espa~ol en todas las juntas del
Concilio para ayudarte.
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or sen/ices are requested to
contact the City Secretary's office (at 361-880-3105) at least 48 hours in advance so that approprfate arrangements can be
made.
A. Mayor Samuel L. Neal, Jr. to call the meeting to order.
aw
Invocation to be given by Father Jose A. Ortiz, Our Lady of Perpetual Help Catholic
Church.
C. Pledge of Allegiance to the Flag of the United States.
D. City Secretary Armando Chapa to call the roll of the required Charter Officers.
Mayor Samuel L. Neal, Jr.
Mayor Pro Tem Henry Garrett
Council Members:
Brent Chesney
Javier D. Colmenero
Melody Cooper
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
City Manager George K. Noe
Acting City Attorney Jay Reining .__
City Secretary Armando Chapa __
Agenda
Regular Council Meeting
April22,2003
Page 2
E. MINUTES:
1. Approval of Regular Meeting of April 15, 2003. (Attachment # 1 )
F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2)
Landmark Commission
Park and Recreation Advisory Committee
Sister City Committee
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 two reading ordinance; or may modify the action specified.
A motion to reconsider may be made at this meeting of a vote at the
last regular, or a subsequent special meeting; such agendas are
incorporated herein for reconsideration and action on any reconsidered
item.
CONSENT AGENDA
Notice to the Public
The following items are of a routine or administrative nature. The Council has
been furnished with background and support mate#al 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
withd?, wn forindividual consideration in its normal sequence afterthe items not
requ~nng 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 approving a supply agreement with Koch Materials of
Corpus Christi, Texas for emulsion oil in accordance with Bid
Invitation No. BI-0079-03, based on only bid, for an estimated
annual expenditure of $40,760 of which $13,584 is for FY2002-
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summaP/)
Agenda
Regular Council Meeting
April22,2003
Page 3
2003. The term of the contract will be for twelve months with an
option to extend for up to two additional twelve-month pedods
subject to the approval of the supplier and the City Manager or his
designee. This material is used by Street Services for
maintenance of city streets. Funds have been budgeted by
Street Services for FY2002-2003. (Attachment # 3)
Motion approving supply agreements with the following
companies for the following amounts for swimming pool
chemicals in accordance with Bid Invitation No. BI-0077-03 based
on Iow bid for an estimated annual expenditure of $42,540 of
which $14,180 is for FY2002-2003. The term of the agreements
shall be for twelve months with an option to extend for up to two
additional twelve-month periods, subject to the approval of the
suppliers and the City Manager or his designee. Funds have
been budgeted by the Park and Recreation Department in
FY2002-2003. (Attachment # 4)
Valley Solvent
Corpus Chdsti, TX
Bid Items 1 & 2
$35,010
Brenntag SW, Inc.
Elmerdorf, TX
Bid Items 3 & 4
$7,530
Grand Total: $42,540
Motion authorizing the City Manager or his designee to execute
a construction contract with Chief Environmental Surveys of
Houston, Texas in the amount of $574,823 for the Miscellaneous
Sewer Line Cleaning. (Attachment # 5)
Motion authorizing the City Manager or his designee to execute
a construction contract with Third Coast General Contractors of
Corpus Christi, Texas in the amount of $144,117.20 for the
Regional Transportation Authority Bus Stop Miscellaneous Street
Improvements, Phase 2. (Attachment # 6)
Motion authorizing the City Manager or his designee to execute
a construction contract with CamRett Corporation of Corpus
Christi, Texas in the amount of $37,145 for the Buccaneer Little
League Public Improvements, Phase 1 Re-Bid. (Attachment # 7)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
April22,2003
Page 4
oC,
gob.
10.
Ordinance authorizing the City Manager or his designee to
implement the Participation Agreement between the City of
Corpus Christi and Hogan Development Co., L.P., in the amount
of $27,400 for construction of a Wastewater Service Line.
(Attachment # 8)
Ordinance appropriating $27,400 from Hogan Development Co.,
L.P., in the No. 3430 Wastewater Capital Improvement Program
Fund for construction on the Bill Witt Park Wastewater Service
Line Extension; amending Capital Budget adopted by Ordinance
No. 025144 by increasing appropriations by $27,400.
(Attachment # 8)
Motion authorizing the City Manager or his designee to execute
a construction contract to King-Isles, Inc. in the amount of
$389,364.75 for the Bill Witt Park Wastewater Service Extension.
(Attachment # 8)
Motion authorizing the City Manager or his designee to accept a
grant in the amount of $121,114 in funding from the Executive
Office of the President, Office of National Drug Control Policy, to
support the Police Department's role in the Texas Coastal
Corridor Initiative in the Houston High Intensity Drug Trafficking
Area. (Attachment # 9)
Ordinance appropriating $121,114 in the No. 1050 Federal/State
Grants Fund from the Executive Office of the President, Office of
National Drug Control Policy to support the Police Department's
role in the Texas Coastal Corridor Initiative in the Houston High
Intensity Drug Trafficking Area. (Attachment # 9)
Resolution approving the submission of a grant application in the
amount of $485,662 to the Texas Automobile Theft Prevention
Authority (ATPA) to continue the Motor Vehicle Theft
Enforcement Grant within the Police Department for a third year.
(Attachment # 10)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
April22,2003
Page 5
PUBLIC HEARINGS: (2:00 P.M.)
CiTY OF CORPUS CHRISTI PRESERVATION PLAN:
11.a.
ll.b.
12.
Public hearing to consider amending the City of Corpus Christi
Preservation Plan, an element of the Comprehensive Plan, by
adding four (4) "HC" - Zoning Designations and two (2) properties
designated as a Potential Landmarks. (Attachment # 11)
First Reading Ordinance - Amending the City of Corpus Chdsti
Preservation Plan, an element of the Comprehensive Plan, by
adding four (4) "HC" Landmark Zoning Designations and two (2)
properties designated as Potential Landmarks; and amending the
Comprehensive Plan. (Attachment # 11)
ZONING CASE:
Case No. 0203-04, Harold Kronke: A change of zoning from a "R-
lB" One-family Dwelling Distdct to a "B-4" General Business
District on Tract 1 and "R-2" Multiple Dwelling Distdct on Tract 2.
The property's legal description is Shell Road Poultry Acres,
being 2.720 acres out of Blocks 7 and 8, located between Violet
Road and Chumh Street and 500 feet north of Leopard Street.
(Attachment # 12) (Tabled from 4-15-03)
Planning Commission's Recommendation: Tract 1 - Denial of the
"B-4" District on 2.71 acres of Tract 1, and approve the "B-4"
District on 1.71 acres of Tract 1. Tract 2 - Approval of the "R-2"
District on Tract 2.
ORDINANCE
Amending the Zoning Ordinance upon application by Harold
Kronke by changing the zoning map in reference to 2.720 acres
out of Block 7 and 8, Shell Road Poultry Acres, from "R-lB" One-
family Dwelling Distdct to "B-4" General Business District on Tract
1 (1.71 acres) and "R-2" Multiple Dwelling Distdct on Tract 2 (1.01
acres); amending the Comprehensive Plan to account for any
deviations from the existing Comprehensive Plan.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
April 22, 2003
Page 6
Staffs Recommendation: Tract 1 - Denial of the "B-4" Distdct on
2.71 acres of Tract 1, and approve the "B-4" District on 1.71 acres
of Tract 1. Tract 2 - Denial of the "R-2" on Tract 2.
ORDINANCE
Amending the Zoning Ordinance upon application by Harold
Kronke by changing the zoning map in reference to 1.71 acres
out of Block 7 and 8, Shell Road Poultry Acres, from "R-1 B" One-
family Dwelling Distdct to "B-4" General Business District on Tract
1 (1.71 acres); amending the Comprehensive Plan to account for
any deviations from the existing Comprehensive Plan.
PRESENTATIONS:
Public comment will not be solicited on Presentation items.
13. Commission on Children and Youth 2003 Master Plan
(Attachment # 13)
14.
Presentation on Proposed City projects for the Corpus Chdsti
Metropolitan Planning Organization Traffic Improvement Plan
FY2004 - 2006 (Attachment # 14)
15.
Padre Island Desalination Plant - Feasibility Analysis and Siting
Plan (Attachment # 15)
REGULAR AGENDA
CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES:
16.
Motion authorizing the City Manager to execute on behalf of the
City of Corpus Christi a collective bargaining agreement with the
Corpus Christi Police Officers Association effective May 1,2003
through July 31, 2006, as negotiated by City and associated
representatives. (Attachment # 16)
L. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS
NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT
APPROXIMATELY 5:30 P.M. OR AT THE END OF THE
COUNCIL MEETING. WHICHEVER IS EARLIER. PLEASE
LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN
TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD,
PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
April22,2003
Page 7
17.
CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A
recording is made of the meeting; therefore, please speak into the microphone
located at the podium and state your name and address. If you have a petition
or other information pertaining to your subject, please present it to the City
Secretary.)
Si usted se ditfge a la junta y cree que su ingl~s es Iimitado, habr~ un int~rprete
ingl6s-espa~ol en la reuni6n de la junta para ayudarle.
PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF
PERSON, OR MEMBERS OF THE AUDIENCE SHALL
BERATE, EMBARRASS, ACCUSE, OR SHOW ANY
PERSONAL DISRESPECT FOR ANY MEMBER OF THE
STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY
COUNCIL MEETING. THIS POLICY IS NOT MEANT TO
RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS.
EXECUTIVE SESSION:
PUBLIC NOTICE is given that the City Council may elect to go into
executive session at any time during the meeting in order to discuss
any matters listed on the agenda, when authorized by the provisions of
the Open Meeting Act, Chapter 551 of the Texas Government Code,
and that the City Council specifically expects to go into executive
session on the following matters. In the event the Council elects to go
into executive session regarding an agenda item, the section or
sections of the Open Meetings Act authorizing the executive session
will be publicly announced by the presiding office.
Executive session under Texas Govemment Code Section
551.071 regarding Esmeralda Cantu Gavlik v. Albert Garcia and
City of Corpus Christi; Cause No. 02-61406-2; In the County
Court at Law No. 2, 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 futura Council meetings and activities; and
other brief discussions regarding city-related matters.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
April22,2003
Page 8
18.
19,
20.
21.
O.
NOTE:
LEGISLATIVE UPDATE:
Consideration of resolutions and actions deemed appropriate by
the City Council as to legislative issues before the 78 t~ Texas
Legislature.
CITY MANAGER'S REPORT
* Upcoming Items
MAYOR'S UPDATE
COUNCIL AND OTHER REPORTS
ADJOURNMENT:
POSTING STATEMENT:
This agenda was posted on the City's official bulletin board at the front entrance
to City Hall, 1201 Leopard Street, at 2:30 p.m., April 22 ,2003.
City Secretary
The City Council Agenda can be found on the City's Home
Page at www, cctexas,com after 7:00 p.m, on the Friday
before regularly scheduled council meetings. If technical
problems occur, the agenda will be uploaded on the
Internet by Monday morning.
Symbols used to highlight action item that implement
council priority issues.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summmy)
2001-2002
CiTY COUNCIL GOALS
AND
PRIORITY ISSUES
~CONTINUING PRIORITY ISSUES
Mrport / Seawal~ / Convention Center / Arena
· Continue quarterly reporting process for these initiatives.
'86 Bo~,Is~ue Improvements
* Update status on Senior Centers.
· Provide communication on completion of these projects (e.g. "Report to the Community').
· Continue community involvement on issues such as Leopard Street improvements.
privatization / Re-Enmlneerin~
· Clearly define "privatization" and "re-engineering."
· Make decision~ regarding privatizafion and re-engineering in the next 12-24 months, with
discussions within 90 days.
· Establish process to identify what services can and cannot be privatized.
· Continue focus on park maintenance.
~inlHlee
· Maintain the 5-year forecast model.
· Review the August 1 budget adoption deadline.
Crime ,C0n~rol and Prevention
· Continue implementation of the Community Policing initiative.
· Establish date for Crime Control and Prevention District election.
Continue City participation in Youth Opportunities United and other youth crime im'tiatives.
EmnloYee Health Care
· Address concerns relatcxl to employee compemation and benefits, including health insurance.
· Work to coordinate Police and Fire health benefits with those of other City employees
Economic Develooment Sales Tax
· Establish election date.
NEW PRIORITY INITIATIVES AND ISSUES
City staff will develop and present to City Council action/implementation plans for the following priority
Desalination Pilot Project
*Code Enforcement in Trashy Neighborhoods
*Employee Classification Study
Ma ster Drainage Plan
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
stpml Water Utility
· Reconsider implementation plan for a Storm Water Utility.
Pa~.ery Channel
· Continue quarterly reports on the progress of the TIF and Beach Restoration Project.
Landfill
· Continue to evaluate the efficiency and effectiveness of operations.
· Examine alternatives for solid waste management system, including pfivatization.
]nternet
· Continue regular updates and expansion of the City's web site, including individual council
member web pages.
· Establish target date for online permitting process.
· Communicate brush pickup via e-mall.
Continue active role.
· Lease and complete renovation
~,,nngxation Plan
Implement current island annexation plan
· Develop and approve ADA Transition Plan within 90 days.
Redistrieti~,
Develop Council-approved redistricting plan for the City of Corpus Christi
Industrial District Contract
· Review Industrial District contracts and determine date for approval
Staff completes action requests in a timely manner.
C{W/,County Health Issues
· Continue discussions with County to determine structure and pwcess for the most effective
and efficient delivery of beaith services
M~rl~ina of CC Museum and Columbus Shivs
Continue to develop marketing plans for the Museum of Science and History and the
Columbus Fleet
Relationships with Other Governments
Development Initiative Paekuges
*Park Rehabilitation
*l_~opard Street Curbs and Gutters
Economic Development Summit and Post-Summit Meetings
Agnes-Laredo Corridor Market (studies, plans)
*Solid waste / Pickup
Base Closures
**Northwest Library
Northside Development Plan
Traftie Controls (channeling, studying on/off ramps on SPID)
*Five Points Ambulance
Effluent Plan for Leopard Medians
RTA--Publi¢ Improvements
Arts and Sciences Park Plan
Budget Item
** Capital Improvement Program Item
1
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
April 15, 2003 - 2:05 p.m.
PRESENT
Mayor Samuel L. Neal Jr.
Mayor Pro Tem Henry Garrett
Council Members:
Brent Chesney
Javier D. Colmenero
Melody Cooper
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
City Staff:
Acting City Manager George K. Noe
Acting City Attorney R. Jay Reining
City Secretary Armando Chapa
Recording Secretary Rebecca Huerta
Mayor Neal called the meeting to order in the Council Chambers of City Hall. The
invocation was delivered by Chaplain Charles Soto with NAS Corpus Christi and the Pledge of
Allegiance to the United States flag was led by Mayor Pro Tem Henry Garrett. City Secretary
Chapa called the roll and verified that the necessary quorum of the Council and the required charter
officers were present to conduct the meeting. Mayor Neal called for approval of the minutes of the
special Council meeting of April 8, 2003 and the regular Council meeting of April 8, 2003. A
motion was made and passed to approve the minutes as presented.
Mayor Neal called for consideration of the consent agenda (Items 2-17). Council members
requested that Items 3, 7 and 13 be discussed. There were no comments from the audience. A
motion was made to approve Items 2-17, constituting the consent agenda, except for Items 3, 7, and
13, which were pulled for individual consideration. City Secretary Chapa polled the Council for
their votes and the following items passed by the following vote: Neal, Chesney, Colmenero,
Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". (NOTE: An emergency was
declared for items 10b, 12, and 14)
2. MOTION NO. 2003-141
Motion approving the purchase of thirty-six vehicles consisting of 32 pickup trucks and 4
cargo vans from the following companies, for the following amounts, in accordance with Bid
Invitation No. BI-0053-03, based on low bid and low bid meeting specifications. The
vehicles will be purchased for Engineering, Maintenance Services, Water, Storm Water,
Wastewater and the Gas Department. All vehicles are replacement units. Funds are
budgeted in Maintenance Services and Engineering Services.
Vista Chevrolet
Corpus Christi, TX
Bid Items 2, 4 - 10,
12 & 13
Creveling Dodge
Corpus Christi, TX
Bid Item 1
Minutes - Regular Council Meeting
April 15, 2003 - Page 2
o
$306,729
$183,391
Allen Samuels Chevrolet
Corpus Christi, TX
Bid Item 3
$49,160.08
Crosstown Ford
Corpus Christi, TX
Bid Item 11
$16,391
Grand Total: $555,671.08
MOTIONNO. 2003-143
Motion authorizing the Acting City Manager or his designee to execute a consultant contract
with Coym, Rehmet, Gutierrez Engineering, Inc., of Corpus Christi, Texas for a total fee not
to exceed $68,407 for the Holly Road Pump Station Structural and Mechanical
Improvements.
MOTIONNO. 2003-144
Motion authorizing the Acting City Manager or his designee to execute a construction
contract with Lowman Services, Inc. of Robstown, Texas in the amount of $66,169.93 for
the Minor Storm Drainage Improvements on Sharpsburg Road.
MOTIONNO. 2003-145
Motion authorizing the Acting City Manager or his designee to execute Amendment No. 2
to the consultant contract with Russell Corrosion Consultant, Inc. of Simpsonville, Maryland
in the amount of $73,593.40 for the Mary Rhodes Memorial (Lake Texana) Pipeline.
MOTION NO. 2003-147
Motion authorizing the Acting City Manager or his designee to execute a Utility Easement
Instrument with Richard L. Ocker, Donald A. Ocker, and A.D.D. Corporation, a Texas
Corporation, in the amount of $47,500, for Parcels 47 and 48, both necessary for the
Southside Water Transmission Main, Phase 3 Project, and for other municipal purposes.
MOTION NO. 2003-148
Motion authorizing the Acting City Manager or his designee to execute an engineering
services contract with LNV, Inc. dba Smith, Russo & Mercer of Corpus Christi, Texas in the
amount of $510,000 for the O.N. Stevens Water Treatment Plant Analysis.
10.a. MOTION NO. 2003-149
Motion authorizing the Acting City Manager or his designee to accept a grant in the amount
of $52,803 awarded by the Corporation for National and Community Service for the Retired
and Senior Volunteer Program.
Minutes - Regular Council Meeting
April 15, 2003 - Page 3
10.b. ORDINANCE NO. 025255
11.
12.
14.
Ordinance appropriating a grant in the amount of $52,803 awarded by the Corporation for
National and Community Service in the No. 1050 Federal/State Grants Fund for the Retired
and Senior Volunteer Program.
RESOLUTION NO. 025256
Resolution authorizing the Acting City Manager or his designee to submit a grant application
to the Texas Department of Public Safety Division of Emergency Management, in the
amount of $40,000, under the FY2003 Pre-Disaster Mitigation Program, to develop a Pre-
Disaster Mitigation Action Plan, with a City in-kind match of $13,333, and a total project
costs of $53,333.
ORDINANCE NO. 025257
Ordinance authorizing the resale of sixty-nine (69) 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.
ORDINANCE NO. 025259
Ordinance authorizing the Acting City Manager or his designee to execute a one-year lease
with Czech Heritage Society of South Texas, a non-profit corporation, for the use of the
Jalufka House located in Heritage Park and in consideration of the Czech Heritage Society
of South Texas maintaining the premises and improvements.
15.a. FIRST READING ORDINANCE
Authorizing the Acting City Manager or his designee to execute a three-year lease with the
Irish Cultural House, Inc., a non-profit corporation, for the use of the McCampbell House
located in Heritage Park and in consideration of the Irish Cultural House, Inc. maintaining
the premises and improvements.
15.b. FIRST READING ORDINANCE
Authorizing the Acting City Manager or his designee to execute a three-year lease with the
H. Boyd Hall Branch of the NAACP, a non-profit corporation, for the use of the Littles-
Martin House located in Heritage Park and in consideration of ri. Boyd Hall Branch of the
NAACP maintaining the premises and improvements.
16.a. ORDINANCE NO. 025260
Second Reading Ordinance - Amending the City of Corpus Christi, Texas, Dune Protection
and Beach Access Regulations, as adopted by Chapter 10, Beachfront Management and
Minutes - Regular Council Meeting
April 15, 2003 - Page 4
Construction, Code of Ordinances, City of Corpus Christi, regarding the permitting process
for master plan developments, dune protection permits, beachfront construction certificates,
and concurrent dune protection permits/beachfront construction certificates, authorized
animal control measures on Gulf of Mexico beaches, restrictions on vessels operating from
Gulf of Mexico beaches, regulation of vendors on Gulf of Mexico beaches, regulation of
beach festivals, and editorial changes; and providing for penalties. (First Reading - 4/8/03)
16.b. ORDINANCE NO. 025261
Second Reading Ordinance - Amending Ordinance No. 022164, which adopted the City of
Corpus Christi, Texas Dune Protection and Beach Access Regulations, by revising the titles
of Appendices V, VIII, and XI, by revising the application process flow charts in Appendices
IV and V, and by adding application forms for beachfront construction certificates and
concurrent dune protection permits/beachfi'ont construction certificates to Appendix V, and
by adding a copy of the Interlocal Cooperation Agreement between the City of Corpus
Christi, City of Port Aransas, and County of Nueces relating to the Mustang and North Padre
Island Beach Parking Permit System as Appendix VIII; and providing for an effective date.
(First Reading - 4/8/03)
17. ORDINANCE NO. 025262
Second Reading Ordinance - Amending the Code of Ordinances, Chapter 17, Finance and
Taxation, by adding Section 17-1.3, Electronic Payment Use Fees; setting a rate of 3% for
Electronic Payment of Municipal Court Fines. (First Reading - 4/8/03)
Mayor Neal opened discussion on Item 3 regarding the Wastewater Clean-Out Installation
Program. In response to Council Member Kelly's question, City Engineer ,3mgel Escobar confirmed
that the city was bidding for the completion of 700 clean-outs this year. He added that the city
undertakes this program annually, and in the past the city has bid for as few as 200 per year. This
year, the city has increased the amount. Wastewater Superintendent Foster Crowell said that the
program has been existence since 1994 and that it allows the wastewater crews to address problem
areas. He said that there are approximately 35,000 customers, about half the customers of
Wastewater, who do not have clean-outs. If these customers have problems with their sewer lines,
crews go to their homes and then must try to locate the line, which is very time consuming. With
a clean-out in place, he said it is easy to determine if the malfunctioning line is private or public.
Mr. Crowell said that the clean-outs expedite the work for the crews and so they plan to complete
a few a year to keep up with the department's workload. Mr. Kelly asked if the 700 clean-outs were
comprised of customers that Wastewater has serviced in 2002 or what was anticipated for 2003. Mr.
Crowell replied that it was simply a number they decided on funding this year to accelerate the
program. He said that they have a long waiting list and they give priority to those with a recurring
problem. Council Member Cooper asked if the sewer systems in newer homes were equipped with
clean-outs. Mr. Crowell answered affirmatively. There were no comments from the audience. City
Secretary Chapa polled the Council for their votes as follows:
3. MOTION NO. 2003-142
Minutes - Regular Council Meeting
April 15, 2003 - Page 5
Motion authorizing the Acting City Manager or his designee to execute a construction
contract with Rycon E & C, LLC of Kingsville, Texas in the amount of $335,370 for the
Wastewater Clean-Out Installation Program FY2002-2003.
The foregoing motion passed with the following vote: Neal, Chesney, Colmenero, Cooper,
Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
Mayor Neal opened the discussion on item 7 regarding claim support services for the City
Hall water intrusion damage analysis. Council Member Cooper asked for a status report on this
claim. Kevin Stowers, Assistant Director of Engineering, said that the Legal Department was
pursuing this claim with the Texas Municipal League. Acting City Attorney Reining said that the
claim would be scheduled for an executive session. City Secretary Chapa polled the Council for
their votes as follows:
7. MOTION NO. 2003-146
Motion authorizing the Acting City Manager or his designee to execute an agreement with
Rimkus Consulting Group, Inc., of Corpus Christi, Texas in an amount not to exceed
$50,000 for claim support services related to City Hall water intrusion damage analysis.
The foregoing motion passed with the following vote: Neal, Chesney, Colmenero, Cooper,
Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
Mayor Neal opened the discussion on item 13, regarding the appropriation of $225,613.26
in interest and miscellaneous earnings in various bond funds. Council Member Kelly asked if the
monies were unanticipated or if they constituted monies not spent on different projects. Mark
McDaniel, Director of Management and Budget, said that in most cases they were residual interest
earnings fi.om projects that had already been completed. He said that the interest earned must be
applied toward debt as prescribed by the bond ordinances. He said the funds were old and needed
to be closed out. Acting City Manager Noe added that these funds were a burden on the accounting
system and needed to be taken off the books. In response to Mr. Kelly's question, Mr. Noe said the
money could not be used for another purpose. City Secretary Chapa polled the Council for their
votes as follows:
13. ORDINANCE NO. 025258
Ordinance appropriating $225,613.26 in interest and miscellaneous earnings in various bond
funds as detailed in the attached Schedule A to close funds and pay outstanding debt service;
amending FY2003 Capital Budget adopted by Ordinance No. 025144 by increasing
appropriations by $225,613.26.
An emergency was declared and the foregoing motion passed with the following vote: Neal,
Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola, and Scott, voting "Aye".
Minutes - Regular Council Meeting
April 15, 2003 - Page 6
Mayor Neal opened discussion on Item 18 regarding a resolution in support of the President
and the Armed Forces serving in the current international conflict. Acting City Manager Noe
introduced Chaplain Charles Soto from NAS Corpus Christi, who reported on the Family Support
Group Program to support the families of those servicemen and women who have been called to
active duty. Council Member Chesney commented that the resolution was not a statement of pro-
or anti- war sentiments amongst the Council. Rather, the resolution was in support of our troops and
our President in this time of conflict. Council Member Scott thanked Acting City Attorney Reining
for drafting the resolution, saying it was well-written. He also thanked local businesses for
supporting the military and the nation. Mr. Joe Benavidez, 2421 Cleo Street, said he was a 20-year
veteran of the Marines and he spoke in support of the resolution. City Secretary Chapa polled the
Council for their votes as follows:
18. ORDINANCE NO. 025263
Resolution expressing support for the President and Armed Forces of the United States,
including all the parents, sons, daughters, spouses, and other Americans serving our nation
at this time of conflict.
The foregoing resolution passed by the following votes: Neal, Chesney, Colmenero, Cooper,
Gan:err, Kelly, Kinnison, Noyola, and Scott, voting "Aye".
Acting City Manager Noe added that the city is working with Chaplain Soto and he said that
people seeking assistance or wanting to volunteer can call 961-3751 for more information.
Mayor Neal opened the discussion on item 19 regarding the Texas National Estuarine
Research Reserve. Assistant City Manager Ron Massey introduced Dr. Paul Montagna of the
University of Texas Marine Science Institute to report on this program to establish a site for a
national estuarine research reserve along the Texas coast. Dr. Montagna provided some background
information on the program. He said that because Texas adopted the Coastal Management Program
in 1997, that made the city eligible for the program without any additional environmental
regulations. There are approximately 25 sites around the country but none in the Gulf of Mexico.
The goal of the program is to identify and track long-term changes in a relatively natural setting.
The benefits of the program would be to bring new money to the State, create new opportunities and
foster cooperation with other parmers. A site evaluation committee comprised of a broad group of
leaders in the coastal zone of Texas, including Assistant City Manager Ron Massey, used specific
site selection criteria to rank 15 nominated sites. The final analysis showed that the Aransas Bay
and Copano Bay areas scored the highest. However, the committee also selected a satellite site in
the Nueces Delta, in part because it was near a major river and had received unanimous
nominations. There were no comments from the audience. City Secretary Chapa polled the Council
for their votes as follows:
19. RESOLUTION NO. 025264
Resolution supporting the establishment and funding of the Texas National Estuarine
Research Reserve in the Texas Coastal Bend Region by the National Oceanic and
Atmospheric Administration.
Minutes - Regular Council Meeting
April 15, 2003 - Page 7
The foregoing motion was passed with the following vote: Neal, Chesney, Colmenero,
Cooper, Garrett, Kelly, Kiunison, Noyola and Scott, voting "Aye".
Mayor Neal called for discussion on item 21 regarding the increased costs of natural gas.
Debbie Marroquin, Gas Superintendent, reported that an additional $7,911,792 was needed to
purchase gas for the remainder of FY 2002-2003. Ms. Marroquin explained that the increase in the
cost of gas was due to a change in the supply and demand of gas. She said that gas exploration and
gas production were down while the demand for gas due to high oil prices, the war and cold winters
was up. Last year, Ms. Marroquin said gas prices were at about $2 per MCF, while now they are
up to $8 or $9. She stressed that the city makes no profit from high prices; rather, it is a pass
through cost. Unfortunately, customers will see higher utility bills as a result, as much as 90%
higher. Council Member Kinnison asked if the city had an assistance program in place to help
customers unable to pay their bills. Ms. Lee Ann Dumbauld, Finance Director, said that the utility
billing office has received a high number of calls from customers about the high bills and she said
that staffis working with those customers to spread the payments out over time. She said that staff
is also considering a new program to provide cost averaging for gas customers over the year, which
they will bring to Council later.
Mr. Noyola asked if the city was able to buy gas in bulk. Ms. Marroquin said that the city
pays for gas on a monthly basis but the gas is purchased continuously. She said that buying gas in
bulk is possible, but that it was risky because of the volatility of gas prices. Once the city is locked
into a price, they may see prices go down yet they are still required to pay a higher price. Acting
City Manager Noe added that since gas prices are so high, it would not be a good time to lock into
a price now. As the market goes down, he said that staff could consider locking into a lower price.
Council Member Scott asked what the long-term outlook for gas prices was over the next two years.
Ms. Marroquin responded that forecasts were only available for a one-year time period, and that
current predictions indicated that gas prices would go down to about $6 per MCF in the summer.
Council Member Kinnison asked staff to look at what other cities are doing to see how many are
buying strictly at market or balancing their purchases with 50% long-term contracts. There were
no comments from the audience. City Secretary Chapa polled the Council for their votes as follows:
20. ORDINANCE NO. 025265
Ordinance appropriating $7,911,792 from increased revenues in the Gas Fund No. 4130 due
to increased cost of Natural Gas Purchases; amending the FY 2002-2003 Budget adopted by
Ordinance No. 024130 by increasing both revenues and expenditures to the Gas Fund No.
4130 by $7,911,792, for the increased costs of Natural Gas Purchases.
An emergency was declared and the foregoing motion was passed with the following vote:
Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola, and Scott, voting
"Aye".
Mayor Neal opened discussion on item 21 regarding the city's Investment Policy. Ms. Lee
Ann Dumbauld, Finance Director, said that due to the large number of bonds sales that the city has
recently undertaken, staff has asked Mr. Jeff Leuschel, Bond Counsel, to review the city's
Investment Policy to ensure that it was up-to-date and compatible with the city's outstanding bond
issues. She said that all of his recommendations were compliance and language items, and he did
Minutes - Regular Council Meeting
April 15, 2003 - Page 8
not recommend anything unusual or out of the ordinary fi.om the city's normal practices. Them were
no comments from the audience. City Secretary Chapa polled the Council for their votes as follows:
21. RESOLUTION NO. 025266
Resolution amending the City Investment Policy to allow guaranteed investment contracts
for bond proceeds, to establish investment objective priorities, to expand permissible
investments in local government investment pools; to define money market mutual funds,
and to make clarifications to investment policy; and adopting the investment policy as
amended.
The foregoing resolution was passed with the following vote: Neal, Chesney, Cooper,
Garrett, Kelly, Noyola and Scott, voting "Aye"; Colmenero and Kinnison were absent.
Mayor Neal referred to Item 22, and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
22.
Case No. 0203-03. Wesley United Methodist Church: A change of zoning fi.om a "R-lB"
One-family Dwelling District to a "B-l" Neighborhood Business District on Aldergate
Methodist Church Tract, being 0.597 acre out of Lot 9, Section B, located 175 feet south of
Gollihar Road and 450 feet west of Weber Road.
City Secretary Chapa said that the Planning Commission and staffrecommended the denial
of the "B- 1" District and in lieu thereof, approval ora Special Permit for a church-related thrift shop
subject to six (6) conditions. In response to Mayor Neal's question, Mr. Michael Gunning, Planning
Director, confirmed that the applicant was in agreement with the recommendations. He also added
that he needed to correct an error in the Conditions of the Special Permit. Specifically, Condition
Three should read that the hours of operation are from 9:00 a.m. to 5:00 p.m. No one appeared in
opposition to the zoning change. A motion was made and passed to close the public hearing. City
Secretary Chapa polled the Council for their votes as follows:
ORDINANCE NO. 025267
Amending the Zoning Ordinance upon application by Wesley United Methodist Church by
changing the zoning map in reference to 0.597 acre out of Lot 9, Section B, located 175 feet
south of Gollihar Road and 450 feet west of Weber Road, (currently zoned "R-lB" One-
family Dwelling District) by granting a Special Permit for a church thri~ shop subject to six
(6) conditions; amending the Comprehensive Plan to account for any deviations fi.om the
existing Comprehensive Plan.
An emergency was declared and the foregoing ordinance was passed by the following vote:
Neat, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting
"Aye".
Minutes - Regular Council Meeting
April 15, 2003 - Page 9
Mayor Neal referred to Item 23, and a motion was made, seconded and passed to open the
public heating on the following zoning case:
23.
Case No. 0203-01, Seung Lee: A change of zoning from a "R-lB" One-family Dwelling
District to a "AB" Professional Office District on Gardendale Unit 2, Block 4, Lots 22 and
23, located on the north side of Curtis Clark Drive and approximately 225 feet west of South
Staples Street.
City Secretary Chapa said that the Planning Commission and staffrecommended denial of
the "AB" District, and in lieu thereof, approval of a Special Permit for two (2) office buildings and
parking lot subject to eight conditions. In response to Mayor Neal's question, Mr. Gunning said that
the applicant was in agreement with the recommendations. No one appeared in opposition to the
zoning change. A motion was made and passed to close the public heating. Ms. Cooper asked what
type of businesses are allowed in an "AB" district. Mr. Gunning replied that in addition to
professional offices, the AB district allows daycares, multi-family and boarding house uses. He said
that this case was difficult for staffbecause the development crossed the line of encroachment stated
in the Gardendale Plan adopted in 2000. City Secretary Chapa polled the Council for their votes as
follows:
ORDINANCE NO.025268
Amending the Zoning Ordinance upon application by Seung Lee by changing the zoning
map in reference to Lots 22 and 23, Block 4, Gardendale Unit 2, (currently zoned "R-lB"
One-family Dwelling District) by granting a Special Permit for two (2) office buildings and
a parking lot subject to eight (8) conditions; amending the Comprehensive Plan to account
for any deviations from the existing Comprehensive Plan.
An emergency was declared and the foregoing ordinance passed with the following vote:
Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kiunison, Noyola and Scott, voting
"Aye".
Mayor Neal referred to Item 24, and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
24.
Case No. 0203-02, Mark Bratton: A change of zoning from a "B-1" Neighborhood Business
District and "F-R" Farm-Rural District to a "RE" Residential Estate District on Laureles
Farm Tracts, being 26.81 acres out of Section 31, located north of South Staples Street and
east of South Oso Parkway.
City Secretary Chapa said that the Planning Commission and staff recommended the
approval of "RE" District. No one appeared in opposition to the zoning change. A motion was
made and passed to close the public hearing. City Secreta~ Chapa polled the Council for their votes
as follows:
Minutes - Regular Council Meeting
April 15, 2003 - Page 10
ORDINANCE NO. 025269
Amending the Zoning Ordinance upon application by Mark Bratton by changing the zoning
map in reference to 26.81 acres out of Section 31, Laureles Farm Tracts, from "F-R" Farm-
Rural District and "B- 1" Neighborhood Business District to "RE" Residential Estate District;
amending the Comprehensive Plan to account for any deviations from the existing
Comprehensive Plan.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
Mayor Neal referred to item 25, and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
25.
Case No. 0203-04, Harold Kronke: A change of zoning from a "R- 1B" One-family Dwelling
District to a "B-4" General Business District on Tract 1 and "R-2" Multiple Dwelling
District on Tract 2. The property's legal description is Shell Road Poultry Acres, being
2.720 acres out of Blocks 7 and 8, located between Violet Road and Church Street and 500
feet north of Leopard Street.
City Secretary Chapa said that the Planning Commission was recommending the denial of
the "B-4" District on 2.71 acres of Tract 1 and approval ora "B-4" District on 1.71 acres of Tract
1. For Tract 2, the commission recommended the approval of an "R-2" District on Tract 2. Staff
differed with the Planning Commission's recommendation for Tract 2 only, recommending the
denial of the "R-2" District. Mr. Gunning advised the Council that the 20% rule was in effect,
saying that the total opposition came to approximately 45% for both the "B-4" and "R-2" zoning
changes. He said that the applicant was proposing to install a self-service car wash on Tract 1 and
to build two duplexes on Tract 2. The "R-2", Tract 2 recommendation fronts on a local street called
Church Street, a rural type of road that does not have any curbs and gutters. There are drainage
ditches on both sides and it is currently a dead-end street. Tract 1 has frontage on Violet Road. In
Tract 1, the applicant had proposed developing the property all the way back to Church Street, which
both staffand the Planning Commission opposed. On Tract 2, the Planning Commission felt that
the "R-2" multi-family development along Church Street was satisfactory. Staff recommended the
denial of the "R-2" district because the street infrastructure on Church Street is not in place now and
would only be able to be put in place at the city's expense. Under the city's platting ordinances,
when these properties are replatted, the city is not allowed to require the developer to improve the
street to its full standards because there are existing pavement sections in the street. Thus, the plan
for this area recommends the continuance of the "R-1B" zoning.
Council Member Cooper asked Mr. Gunning if there would be a total of four units
constructed on the lot in question. Mr. Gunning said that the applicant was proposing to put only
four units on the property, but technically the "R-2" district would allow as many as seven units.
Ms. Cooper asked if there was a way to limit the developer's request to only four units with a special
permit. Mr. Gunning said that this was possible but when staff approached the applicant with this
option earlier, he indicated that he was not interested. Ms. Cooper said that she did not see how four
extra households would be that much of a burden on that street. Mr. Gunning said that he agreed,
but a special permit was not an option when staff was making their recommendations since the
Minutes - Regular Council Meeting
April 15, 2003 - Page 11
applicant had declined it. Staff was considering the "R-2" district in its entirety and they were
concerned about what the applicant would be allowed to build as a matter of right. The "R-2"
zoning would give the applicant the right to expand at a later time. Mr. Gunning said that in making
their decision, staffconsidered the comprehensive plan for the area and the wishes of the neighbors
in the area, who are against any multi-family units on Church Street. Ms. Cooper asked the
applicant if he would consider a special permit. Mr. Richard Kronke, 10209 N. Harrington, said he
would consider the special permit.
Council Member Garrett asked where the car wash would exit and Mr. Gunning responded
that it would exit on Violet Road only. He asked if the developer was going to take the existing
drainage ditch into consideration when they developed the property. Mr. Gunning replied that the
developer's consulting engineer would be required to develop a construction drainage plan subject
to approval by the city's Special Services engineering group. They would need to account for not
only run-offbut mn-on in their proposed plan. Mr. Garrett asked if the car wash would have any
effect on Church Street. Mr. Gunning said that it would not effect Church Street.
Council Member Kelly asked Mr. Gunning if the estimated traffic generation included in his
report was calculated assuming that the property would remain "R- 1B" and be developed as densely
as possible. Mr. Gunning replied affirmatively, saying that the development on the property could
potentially generate as many as 190 average weekday road trips. The car wash would generate
approximately 52 average weekday trips. In response to Mr. Kelly's question, Mr. Gunning stated
that under Mr. Kronke's plan, the number of weekday trips would be reduced to 40 trips per day
since there would be only two duplex units. He added that Traffic Engineering did not feel there
would be any adveme impact on either Church Street or Violet Road with the trip generation rates
being projected. Mr. Kelly asked Mr. Kronke why he didn't use the property adjacent to the
proposed area that is currently zoned "B4" instead of asking for a zoning change. Mr. Kronke said
that the drainage ditch running through the tract limited the value of the property and that the
proposed tract would have higher exposure since it was closer to a major intersection. He also said
that the buyer feels he can place a car wash on the southern tract even with the drainage ditch.
Mr. Phil Ward, 25 Hewit, a broker representing the developers, said that when they attended
the Planning Commission meeting, they were attempting to reach a compromise. He said that Violet
Road is a major arterial and that almost the entire tract was zoned "B-4" except one parcel. He said
that most of the opposition has occurred across the street in the residential subdivision, not from
Church Street. He said that because of the lay of the land in the area, possibly the best scenario
would be to go to "R-2" in Tract 2. He said that the "R-lB' lots in that area would not be practical
because of drainage issues. In response to Mr. Kelly's question, Mr. Gunning said that there were
six letters from residents on Church Street opposed to the applicants' request, more than had initially
attended the Planning Commission meeting. Mr. Kelly asked if Tract 2 was replatted, would the
developer be required to improve Church Street. Mr. Gunning said no, the developer would not be
required to make improvements. The only way it could be improved would be through the city's
Street Assessment Paving Program, which had a long waiting list. Mr. Kelly asked where the tract
2 lots would drain. Mr. Gunning responded that they would drain away from Leopard Street toward
the north. Mr. Kelly said that based on this information, he would be in favor of expanding the
development on Tract 2 hut not in favor of changing the zoning. He asked to hear from the residents
across the street concerning the zoning change on Tract 1.
Minutes - Regular Council Meeting
April 15, 2003 - Page 12
Council Member Noyola said he was in favor of staff's recommendations. Council Member
Scott said that he thought the development code needed to be amended if it considered Church Street
an improved road even though it was in poor condition.
Mayor Neal if there was anyone in opposition to the zoning change present. Mr. Ed Mickley,
4457 Church Street, spoke in opposition to both zoning changes. He said that to his knowledge,
everyone who lived on Church Street was opposed to the zoning changes proposed by the applicant.
He cited lack of infrastructure, especially drainage problems and trash accumulation, as the main
reason for his opposition. He also said if duplexes were built, that renters do not usually maintain
the property well. Council Member Scott commented that he thought development would probably
help the situation, since the car wash would have drainage requirements and the proposed fencing
of the property would contain trash. Council Member Chesney asked what type of development the
residents of Church Street would like to see. Mr. Gunning answered that they only wanted single-
family homes in the area and no duplexes. Mr. Chesney asked Mr. Mickley if the "B-4" zoning
would be acceptable to him if there were drainage requirements in place. Mr. Mickley replied
affirmatively. Ms. Cooper reiterated her suggestion to limit the duplexes in the area to two units.
Ms. Sandy Ward, 4441 Church Street, said she is a 30-year resident of the street. She said
her main opposition to both the car wash and the duplexes is the recurring drainage problem in the
area. She said that 100% of the homeowners on Church Street are opposed to the zoning changes.
Council Member Kelly asked what authority does the city have to require drainage improvements
on Tract 1 if they were to extend Tract 2 as proposed. Also, he asked if the city had the authority
to require off-site drainage improvements. Mr. Gunning said that the city does have the authority
to require the property owners to provide a drainage plan to address both run-on and rm-off. He
deferred the off-site drainage question to the Engineering Department. Mr. Kelly asked Acting City
Attorney Reining about the reclamation required for a car wash. Mr. Reining replied that the car
wash could not put any polluted water into the properties; only natural precipitation was allowed.
He said that the car wash would be liable for increasing the run-offonto to their neighbors' property.
Mr. Kelly asked if the applicant would be amenable to tabling this item for one week to meet with
adjacent property owners to try to assuage their concems. (NOTE: Council Member Scott recused
himself from the discussion and vote at this point after discovering a conflict of interest involving
his employer, San Jacinto Title Company). Mr. Ward said that the applicant would probably support
staff's recommendation. Council Member Colmenero said he was in support of tabling the vote.
A motion was made and passed to close the public hearing. City Secretary Chapa stated that
Council Member Mark Scott was abstaining from the vote on this matter. Mayor Neal asked City
Engineer Angel Escobar if there were any planned improvements to address the drainage in this
area. Mr. Escobar replied that there were no plans. Mayor Neal asked what the potential buyers of
the property on Violet Road could be expected to be required to do to address drainage problems
in the area. Mr. Reining replied that they may have to build some retention features as part of their
development. Mayor Neal expressed his concern that if the property was developed or undeveloped,
the property owners in the area were still going to have a drainage problem. Mr. Reining confirmed
that there could be no increased flow, but that the ownem would have to live with the existing flow.
Mayor Neal asked if the retention features Mr. Reining discussed earlier would make development
prohibitively expensive. Mr. Reining said he would think that handling the drainage in the area
would require substantial resources. Mr. Gunning commented that a situation may arise where the
Minutes - Regular Council Meeting
April 15, 2003 - Page 13
property is zoned but the property owner may not be able to build on it until the infi.astmcture is in
place to accommodate the building.
Mr. Kelly made a motion to table this case for one week to allow the property owners to
negotiate with those individuals who are in opposition to the zoning change; Ms. Cooper seconded
the motion. Mr. Chapa polled the council for their votes and the motion passed as follows:
Chesney, Colmenero, Cooper, Kelly, and Kinnison, voting "Aye"; Neal, Garrett and Noyola, voting
"No"; Scott abstained.
Mayor Neal deviated fi.om the agenda to allow Mr. Tom Utter to provide a legislative update.
Mr. Utter first reviewed the priority bills in this year's legislative session, organized in different
sections representing major functions of municipal government. Under the financial integrity
section, Mr. Utter said the priority bills involved using state hotel taxes for beach maintenance and
street accessibility improvements funded by a street use fee. Under the essential infrastructure
section, Mr. Utter identified several priority bills dealing with the protection of water rights. Mr.
Utter said that the legislative delegation was closely monitoring one bill which would require that
any water rights that a city hasn't used for ten years be ceded to the state. Other priority bills were
related to desal project funding and Packery Channel. Under community protection and
development, Mr. Utter said there were several bad bills involving annexation and development that
the delegation and TML were opposing. The city was endorsing legislation that would impose a
statewide electrical licensing law. Under the children and youth section, Mr. Utter said that the
Community Youth Development program was being funded this year. Under the environment
section, bills affecting air quality requirements were identified as priority. In the economic
development section, priority areas were the military and insurance rates.
Next, Mr. Utter covered the significant bills of interest. He identified a number of good bills,
including H.B. 449 involving property taxes, H.B. 1061 on municipal employee travel, H.B. 1191
on public information and H.B. 1487 on the licensing of electricians. He also identified several bad
bills, including H.B. 1204 on extraterritorial jurisdiction, H.B. 789 on platting, H.B. 1635 on
telecommunications infrastructure fund and H.B. 2178 on rezoning. Mr. Utter said that
unfortunately, there were many bad bills this session. He complimented Senator Hinojosa,
Representatives Luna, Seaman, and Capelo and their staffs for being accommodating and for
working so hard on behalf of their constituents.
Mayor Neal asked Mr. Utter where the bills were in the cycle of debate. Mr. Utter replied
that each bill was at a different point but he said that in general the process should speed up
tremendously within the next week. Mayor Neal asked the Council to make an effort to testify
before the House if asked because there were a large number of killer bills being proposed. He said
it was a very tough session and he thanked Mr. Utter for his work and asked that he keep the Council
informed. He added that at the end of this session, he would like to suggest that the city have a
recognition for the legislative delegation and their staffs. Council Member Scott asked for an update
on the marina bill. Mr. Utter said the bill was progressing rapidly and would come up this session.
Mayor Neal asked for public comment. Mr. Bill Kopecky, 3609 Topeka, commented against H.B.
1098 regarding a fee added to utility bills to help cities fund ADA improvements and against another
bill that would raise vehicle registration fees.
Minutes - Regular Council Meeting
April 15, 2003 - Page 14
Mayor Neal called for petitions from the audience. Mr. Jack Gordy, 4118 Bray, spoke
regarding the Texas Municipal Retirement System's requirements for contributions for employees,
specifically for Mr. Tom Utter. He also spoke about the lack of curfew enforcement in Cole Park.
Mr. Bill Kopecky, 3609 Topeka, spoke regarding the hiring process for the city manager.
Mayor Neal announced the executive sessions, which were listed on the agenda as follows:
26.
Executive session under Texas Government Code Section 551.071 regarding Larry Young
et al v. City of Corpus Christi, No. 01-647-C, 94t~ District Court, Nueces County, Texas, and
Mary Collins et al v. City of Corpus Christi, No. 01-646-C, 94th District Court, Nueces
County, Texas with possible discussion and action in open session.
27.
Executive session pursuant to Texas Government Code Section 551.074 to deliberate the
appointment/employment of the City Manager with possible discussion and action related
thereto in open session.
The Council went into executive session. The Council returned from executive session and
the following ordinances were passed with the following vote: Neal, Chesney, Colmenero, Cooper,
Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
26. MOTION NO. 2003-150
Motion authorizing the City Manager in Cause No. 01-647-C; Larry Young, et al vs. City
of Corpus Christi and Cause No. 01-646-C; Mary Collins, et al vs. City of Corpus Christi,
94~ Judicial District Court, Nueces County, Texas, to continue the employment of Denton,
Navarro & Bernal to represent the City of Corpus Christi at an hourly rate not exceeding
$200, subject to certification of funds.
27. RESOLUTION NO. 025270
Resolution appointing George K. Noe City Manager of the City of Corpus Christi, Texas,
and establishing compensation for the City Manager in accordance with Article III, Section
1, of the City Charter.
Mayor Neal outlined the employment contract offered to Mr. Noe. He said Mr. Noe would
enter the contract effective today at a salary of $160,000 per year, a car allowance of $7,200 per
year, ICMA deferred compensation retirement plan for full participation, vacation of 15 days a year,
sick leave of 15 days a year and a severance agreement, in accordance with the contract that the
Council will ask Mr. Noe to sign. He asked Mr. Noe if he would accept these terms and Mr. Noe
replied affirmatively. He congratulated Mr. Noe and thanked the Council and City Secretary Chapa
for their assistance and input.
Minutes - Regular Council Meeting
April 15, 2003 - Page 15
Mayor Neal called for the City Manager's report. Mr. Noe thanked the Council for their
support and said he was looking forward to working with the Council to move the community
forward. Mr. Noe reported that the city and the Police Officers Association have reached a tentative
agreement for a four-year contract. He said the city was pleased with the agreement because it
resolves a number of issues. He understood that the association would be voting on the contract in
a few days. He said that staff is heavily involved in the budget process fight now and hopes to
present a good budget soon. He reminded the Council that the next council retreat is scheduled for
May 6 in the Museum of Science and History. Next Tuesday, in addition to the potential for a police
contract item, there will be a joint luncheon with the Economic Development Corporation, a
presentation from the Commission on Children and Youth on their Master Plan, desal project
presentation and a first reading on the preservation plan. Mr. Noe also mentioned the eight medic
unit plan, which should go into effect on or about the 21~ of April.
Mayor Neal called for Council concerns and reports. Mayor Neal asked about the progress
on sidewalk improvements in the Alameda and Doddridge area. Mr. Gunning replied that the
property on Parmington Square has new owners. The owners met with Mr. Gunning last week and
are ready to move forward with the project. They have hired a consulting engineer and have
submitted plans for the construction of the sidewalk/boardwalk to the Special Services division,
which were approved. He said that the new owners were not made aware of the required
improvements when they purchased the property. They have paid all the past due use privilege fees
that were owed. Mayor Neal asked about for a status report on the Airheart Point project. Assistant
City Manager Ron Massey reported that they had a bid for placing a stairwell in the area but the city
cannot execute it unless the ADA accessibility issues to the water are addressed. Mr. Massey said
that the Legal Department has advised them that meeting accessibility requirements to the water at
Cole Park would meet the requirement of accessibility on the seawall. Mr. Noe said that there would
be a meeting next week to discuss this matter. Mayor Neal asked staff to keep up with the different
agreements that the city has made with developers for improvements. Finally, he asked for a
briefing on the new building code, which Mr. Noe said would be provided later.
Council Member Chesney thanked Council Member Cooper for setting up the Town Hall
meeting schedule for the next six months. He said that the next Town Hall meeting would be held
May 5 at Schanen Elementary. He said Ms. Cooper wanted to have monthly Town Hall meetings
and they had agreed. He said that he, Council Members Kinnison and Scott attended a workshop
held by the Downtown Management District and several suggestions arose that he would like staff
to follow up on. He congratulated the city and the Park and Recreation Department for assisting in
the Hudson Park opening, spearheaded by the Junior League. He congratulated Bernie Paulson,
Melvin Klein and Jerry Kane, who were inducted into the Business Hall of Fame last week. He
asked staffto follow up on suggestions made by the Builders Association. Finally, he congratulated
Mr. Noe on his appointment and said that he hoped he would remain as open and honest as he was
in his tenure as Acting City Manager.
Council Member Garrett asked if Mr. Noe had a response regarding the problem with loose
dogs in Pope Park that he brought to his attention last week. Mr. Noe said that he was in
Washington, D.C. last Thursday and Friday and had not had an opportunity to investigate this
matter. Council Member Garrett reiterated that he thought this was a serious problem and he would
like to him to pursue it. Mr. Garrett asked if staff had addressed the concerns of the Air Conditioner
Contractors. Mr. Noe said that he had sent them a letter addressing a number of items and they have
Minutes - Regular Council Meeting
April 15, 2003 - Page 16
set a meeting in a month's time. He asked how the city had selected a bank to handle direct deposit.
Mr. Noe said there was a bid process and the contract was for a multi-year period. He said it was
awarded two years ago and that the Finance Department was handling the contract.
Council Member Mark Scott asked what the city's contribution was to Buc Days. Mr. Noe
replied that the city pays 50% of the police costs for the event, totaling approximately $17,000. He
asked for the status of the temporary fire station on the Island, saying that Mr. Noe had said last
week that the fire station would be in place by the end of April but he had received information that
the station would be ready at the end of May. Mr. Noe confirmed that the fire station would be
ready at the end of April. Mr. Scott asked about the closure of McGee Beach. Mr. Noe said that
the beach would be closed for six to eight weeks for dredging required by the General Land Office.
Mr. Scott asked for a status report on the Velocity Games by Whataburger. Mr. Noe said the city
was contacted today on expediting this project. Mr. Dan Whitworth, Director of Park and
Recreation, said that the project was running behind because the head of the project passed away.
Now Whataburger is taking over the project and it is back on course. Mr. Whitworth said that his
staff would provide some information.
Council Member Colmenero also asked for a status report on the Velocity Games. He
congratulated Mr. Noe on his appointment as city manager and he complimented him on the way
he handled the visit with the legislative delegation in Washington, D.C. last week. He asked staff
to look into a problem with fallen palm trees in the R.T.A. project. He also asked staffto look into
the problem with high weeds in the area and the lack of enforcement on the city's part. Finally, he
also asked about setting up meeting to work on interlocal agreements with the Downtown
Management District, the Port and the R.T.A.
Council Member Cooper asked for an update on litigation regarding the Second Baptist
Church. Acting City Attorney Reining said he would provide an update after the meeting. She also
congratulated Mr. Noe on his appointment, saying the Council had the utmost confidence in him.
There being no further business to come before the Council, Mayor Neal adjourned the
Council meeting at 7:14 p.m. on April 15, 2003.
Minutes - Regular Council Meeting
April 15, 2003 - Page 16
set a meeting in a month's time. He asked how the city had selected a bank to handle direct deposit.
Mr. Noe said there was a bid process and the contract was for a multi-year period. He said it was
awarded two years ago and that the Finance Department was handling the contract.
Council Member Mark Scott asked what the city's contribution was to Buc Days. Mr. Noe
replied that the city pays 50% of the police costs for the event, totaling approximately $17,000. He
asked for the status of the temporary fire station on the Island, saying that Mr. Noe had said last
week that the fire station would be in place by the end of April but he had received information that
the station would be ready at the end of May. Mr. Noe confirmed that the fire station would be
ready at the end of April. Mr. Scott asked about the closure of McGee Beach. Mr. Noe said that
the beach would be closed for six to eight weeks for dredging required by the General Land Office.
Mr. Scott asked for a status report on the Velocity Games by Whataburger. Mr. Noe said the city
was contacted today on expediting this project. Mr. Dan Whitworth, Director of Park and
Recreation, said that the project was running behind because the head of the project passed away.
Now Whataburger is taking over the project and it is back on course. Mr. Whitworth said that his
staff would provide some information.
Council Member Colmenero also asked for a status report on the Velocity Games. He
congratulated Mr. Noe on his appointment as city manager and he complimented him on the way
he handled the visit with the legislative delegation in Washington, D.C. last week. He asked staff
to look into a problem with fallen palm trees in the R.T.A. project. He also asked staffto look into
the problem with high weeds in the area and the lack of enforcement on the city's part. Finally, he
also asked about setting up meetings to work on interlocal agreements with the Downtown
Management District, the Port and the R.T.A.
Council Member Cooper asked for an update on litigation regarding the Second Baptist
Church. Acting City Attorney Reining said he would provide an update after the meeting. She also
congratulated Mr. Noe on his appointment, saying the Council had the utmost confidence in him.
There being no further business to come before the Council, Mayor Neal adjourned the
Council meeting at 7:14 p.m. on April 15, 2003.
2
a. LANDMARK COMMISSION - One (1) vacancy with term to 11-20-04 representing the
category of Regular Member.
DUTIES: To promote the use of historical and cultural landmarks for the culture,
prosperity, education, and general welfare of the people of the City and visitors to the City.
COMPOSITION: Fifteen (15) members nominated by individual City Council Members
and appointed by a majority vote of the Council. Insofar as possible, the numerical
composition shall correspond to the ethnic, gender, and economic distribution of the City
according to the last Federal Census report. All members shall have knowledge and
experience in either the architectural, archaeological, cultural, social, economic, ethnic or
political history of Corpus Christi. Representation of the following competencies shall be
appointed as members to the commission: Two (2) historians, two (2) licensed real estate
salespersons, two (2) registered architects, one (1) structural or civil engineer, two (2)
history teachers, one (1) person knowledgeable in title search and/or property surveyor and
five (5) other members. No one profession will constitute a majority of the membership.
MEMBERS TERM
ORIGINAL
APPTD. DATE
Deborah Douglas (Historian), Chairperson 11-20-03
Alan Belcher (History Professor), Vice-Chair 11-20-05
Sharon Brower (Regular Member) 11-20-03
Michael Cleary (Regular Member) 11-20-04
Alan Wahlers (Architect) 11-20-04
Myron Grossman (Real Estate) 11-20-03
Richard Moore (History Teacher) 11-20-05
Susan Abarca (Title Search) 11-20-03
Bunny Tinker (Regular Member) 11-20-05
Kevin Maraist (Regular Member) 11-20-04
Elmon Phillips (Engineer) 11-20-05
Grandis Lenken (Real Estate) 11-20-05
Tom Kreneck (Regular Member) 11-20-04
David Blanke (Historian) 11-20-05
Terry K. Off (Architect) 11-20-03
4-25-95
8-12-97
9-08-98
7-13-99
12-11-01
5-15-01
7-11-01
5-15-01
5-15-01
9-08-98
8-24-99
7-08-97
9-12-00
11-12-02
7-13-99
* Resigned
INDIVIDUALS EXPRESSING INTEREST
Kurt Adams
History Teacher, C.C.I.S.D. B.A. in History, M.S. in
Educational Administration, Ed.D. in progress. Active with
the U.S. Army Reserves, Reserve Officer Association and Phi
Delta Kappa. (1-24-01)
H:\SEC-DIR\SHARED~BOARDS~PACKETS\04-22-03.wpd,
Leslie R. Kosik
Burris W. McRee
Geraldine McGloin
David Pyle
Realtor/Relocation Assistant, Prudential Real Estate Center.
Currently attending Texas A&M-CC seeking a Bachelor's of
Fine Arts. Active with the Prudential Spirit of the
Community program which recognizes school children and
their achievements. (5-11-01)
Principal Broker/Owner, Gulfiex Properties. Member of the
C.C. Association of Realtors TREPAC Committee. Has been
an active Real Estate broker in South Texas for over 25 years.
Holds both the CPM and CCIM designations, the only broker
south of San Antonio to do so. (5-11-01)
Retired. Graduate oflncarnate Word Academy, San Antonio,
TX. Member of the C.C. Area Heritage Society, the Nueces
County Historical Commission and the C.C. Cathedral
Historical Commission. Has been involved in historic
preservation for many years. Managed the McGloin Home in
San Patricio County for 18 years. (4-04-01)
Survey Department Manager, Naismith Engineering.
Attended Del Mar College. Chapter President of the Texas
Society of Professional Surveyors. Has been a registered
professional land surveyor since 1988. (12-06-00)
H:\SEC-DIR\SHARED'~BOARDS~PACKETS\04-22.03.wpd, ~
b. PARK AND RECREATION ADVISORY COMMITTEE - Three (3) vacancies with
terms to 8-23-03.
DUTIES: To provide advice on City parks and buildings therein, public outdoor recreation
areas and centers and other grounds under its purview by the City Manager.
COMPOSITION: Eleven (11) members appointed by the City Council, who are residents
of the City and serve without compensation for a two-year term beginning August 23, or
until their successor is appointed. The Board elects its Chairman.
ORIGINAL
MEMBERS TERM APPTD. DATE
Sandra Billish, Chairperson
Rome Gregorio, Vice-Chairperson
Davie Cissna
Anne Baker
Dorrinda Garza
Tommy Watson Jr.
J. Bradley Clarke
Billy Olivarez
Gerardo Alvarez
Maria A. Ramos
Patricia Pefia
8-23 -04 9-14-99
8-23-04 8-22-00
8-23-04 8-20-02
8-23-03 9-14-99
8-23-04 8-20-02
8-23-03 10-08-02
8-23-03 8-21-01
8-23-03 3-25-97
8-23 -03 1-26-99
8-23-04 2-12-02
8-23-03 7-09-02
* Has exceeded the number of absences allowed by ordinance
** Resigned
NOTE: The Park and Recreation Advisory Committee is recommending the appointment
of Clifford Bost, Gregory Perkes and James Robbins.
INDIVIDUALS EXPRESSING INTEREST
Gloria C. Aguilar
Self-employed tax consultant. Community activities include:
Campfire Girls VITA Coordinator for six years and Del Mar
distribution for ten years. (1-16-03)
Clifford E. Bost
Assistant Public Information Officer, Texas Department of
Transportation. B.A. in Communication, W/Film from
Texas A&M University - Corpus Christi. Community
activities include: Cubmaster P-11 for Boy Scouts of America
(BSA), President of Coastal Bend Top Soccer, Chairman of
the Planning Advisory Committee for Nueces County
MHMR. Recipient of the Texas Dept. of Protective and
Regulatory Services Foster Parent of the Year Award and the
BSA District Award of Merit. (8-06-02)
H:\SEC-DIR\SHARED~BOARDS~PACKETS\04-22-03.wpd,
John E. Dunn
Kevin Ferrau
Sarah Hicks
Gregory T. Perkes
James Robbins
Megan M. Welch
Retired civil servant (GS 13). Professional and
community activities include: Mayor's Council on
Senior Citizen Affairs, former member of Park and
Recreation Advisory Committee and ACOA member.
Special recognitions include: Chairman of the Human
Relation Council for Defense Communication Agency
in Washington, D.C. and President of the National
Association of Government Engineers. (7-25-01)
Asset Manager, Citgo Refining and Chemicals. M.B.A. from
Pepperdine University, B.S. in Chemical Engineering from
California State Polytechnic University. Community
activities include the following: Padre Soccer League board
member, director of player development and coach; City of
Corpus Christi Recreation Department volunteer league
player. (3-08-02)
Account Executive, Blanton Public Relations. B.A. in
Communication Arts, Texas A&M University - Corpus
Christi. Member of the Texas Public Relations Association,
and the Texas Hill Country Wine and Food Festival
Committee. (4°09-03)
Principal Attorney, The Perkes Law Firm. J.D. from St.
Mary's University and B.A. from U.T. Austin. Professional
and community involvement include the following: Secretary
and Editorial Board member for Corpus Christi Lawyer
Magazine, course director for the Annual Civil Appellate
Law Seminar, Leadership Corpus Christi graduate XIX,
sergeant-at-arms of the Downtown Rotary Club, YMCA Teen
and Outreach Services and the Texas Family Business
Scholarship Foundation. Recipient of the American
Jurisprudence Award in Contract Law. (6-27-02)
Retired pilot and air traffic controller. Certification in
Ministry, Howard Payne University; A.A.S. in Mid-
management and Communications, North Lake College,
Irving, Texas. Activities include: Volunteer chaplain at Bay
Area Hospital, and church missions (Brazil, Costa Rica,
Turkey, Viet Nam, Peru and El Salvador). (5-10-02)
Office Manager, Moffitt & Associates, Inc. B.B.A. in
Management, Texas A&M University - Corpus Christi.
H:\SEC-DIR\SHAREDkBOARDS~PACKETS\04-22-03.wpd,
Co
SISTER CITY COMMITTEE - Two (2) vacancies with terms to 9-03 and 9-05.
DUTIES: To study ways and means of improving relations with the Corpus Christi sister
cities and to advise and consult with and assist the Mayor, the City Council, the City
Manager and all other City agencies, boards and officials in accomplishing the purposes of
the Sister City program.
COMPOSITION: It shall consist of a Steering Committee of twenty-one members and
various subcommittees, members who shall be broadly representative of the racial, religious
and ethnic groups in the community. The members shall be appointed by the City Council
and shall serve three-year terms or until their successors are appointed and qualified. The
Steering Committee shall be responsible for the overall administration and implementation
of the City's Sister City program. There shall be a subcommittee for each sister city
authorized by Resolution of the City Council. Each subcommittee shall be responsible,
under the direction of the Steering Committee, for primary study, liaison and
recommendations for each sister city. The offices of the committee shall consist of a General
Chairman, V-Chairman for each of the Sister City subcommittees.
ORIGINAL
MEMBERS TERM APPTD. DATE
Ann Jaime, Chairperson 9-05 6-13-00
Sue Dulaney 9-04 9-08-98
Yalee Shih 9-05 10-21-97
Edna Balboa 9-04 9-11-01
Mufid A. Abudiab 9-05 10-10-00
Ellen Murry 9-05 4-16-02
Valerie Vargas Ballesteros 9-05 9-09-02
Gary Hansen 9-04 9-10-96
Regis Barber 9-04 12-10-02
George A. Garcia 9-04 9-09-02
Randy Farrar 9-04 6-11-02
Rose Gunji 9-04 9-09-97
Wayne Bennett 9-04 9-11-01
Raquel Madrigal 9-04 6-13 -00
* Melody Cooper 9-05 5-08-01
Judy Benkendorfer 9-03 10-10-00
Cruz Colomo 9-03 12-10-02
** Neva Jean Honeycutt 9-03 12-10-02
Nancy Glenn Reynolds 9-03 12-10-02
Mary H. "Bebe" Morris 9-03 9-09-02
Sharon L. Phillips 9-03 9-09-02
* Elected to the City Council
** Resigned
H:\SEC-DIR\SHARED~BOARDS~PACKETS\04-22-03.wpd,
INDIVIDUALS EXPRESSING INTEREST
Kent Byus, Ph.D.
Associate Professor in the College of Business, Texas A&M-
Corpus Christi. Ph.D. from New Mexico State University
and M.B.A. form Texas Tech University. Recipient of the
Volunteer of the Year Award in 2000 from the Greater
Muskegee Area Chamber of Commerce, Muskogee,
Oklahama. Strategic planning consultant to Northeastern
State Unversity, Tahlequah, Oklahoma. (10-18-02)
Peter Kuntu-Mensah
Assistant Professor of Computer & Math Sciences, Texas
A&M University-Corpus Christi. Ph.D. from University of
Maine; M.S. from Ohio State University. Member of the
Texas Society of Professional Surveyors and the American
Society of Photogram. (12-04-02)
Sarah Hicks
Account Executive, Blanton Public Relations. B.A. in
Communication Arts, Texas A&M University - Corpus
Christi. Member of the Texas Public Relations Association,
and the Texas Hill Country Wine and Food Festival
Committee. (4-09-03)
Elizabeth R. Iglesias
Science Teacher, South Park Middle School. M.S. Ed., Texas
A&M University - Corpus Christi; B.A. in Spanish and
History, Midwestem State University. (1-09-03)
Elaine A. Yellen
Assistant Professor of Nursing, Texas A&M University-
Corpus Christi. Ph.D. in Nursing. Active volunteer with St.
Bartholomew's Church. Member of Texas Nurses Association
- local chapter. (1-23-01)
H:\SEC-DIR\SHARED~BOARDS~PACKETS\04-22-03.wpd, p. 8
3
COUNCIL MEMORANDUM
RECOMMENDATION: Motion approving a supply agreement with Koch Materials, Corpus
Christi, Texas for emulsion oil in accordance with Bid Invitation No. BI-0079-03, based on only
bid, for an estimated annual expenditure of $40,760 of which $13,584 is for FY02/03. The term
of the contract will be for twelve months with an option to extend for up to two additional
twelve-month periods, subject to the approval of the supplier and the City Manager or his
designee. This material is used by Street Services for maintenance of City streets. Funds have
been budgeted by Street Services for FY 02/03.
Purpose:
The SS-1 emulsion oil is used by Street Services as a tack-coat for
patching work on City streets. The City does not have a storage
facility for this material. The supplier is required to dispense
material into City trucks and receive unused portions for credit.
Previous Contract:
The option to extend the previous contract was exercised, therefore
new bids were required.
Bid Invitation Issued:
Two
Bids Received:
One
Pricing Analysis:
Pricing has increased approximately 5% since the last bid of 2001.
Award Basis:
Only bid. Historically, two local manufactures of emulsion oil
have bid on this contract, Koch Materials and Texas Fuel &
Asphalt. When contacted, Texas Fuel & Asphalt indicated they no
longer produce emulsion oil.
Funding:
Stre~ Services
520130-1020-12420
520130-1020-12430
$ 3,600
37,160
Total $40,760
Micha~ B~i~rera, C.P.M./~
Procurement and General Services Manager
Date: 3/28~03
Bid Invitation No. BI-0079-03
Buyer: Gabriel Maldonado
Description
1 Emu s on O (SS-l)
Qty.
50,950
Unit
Gal.
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
BID TABULATION
KOCH MATERIALS
CORPUS CHRISTI TX
Unit Total
Price Price
$0.80 $40,760,00
~40,760.00
4
AGENDA MEMORANDUM
RECOMMENDATION: Motion approving supply agreements with the following companies for
the following amounts for swimming pool chemicals in accordance with Bid Invitation No.
BI-0077-03 based on low bid for an estimated annual expenditure of $42,540 of which $14,180 is
for FY02/03. The term of the agreements shall be for twelve months with an option to extend for
up to two additional twelve-month periods, subject to the approval of the suppliers and the City
Manager or his designee. Funds have been budgeted by the Park & Recreation Department in FY
02-03.
Valley Solvent
Corpus Christi, TX
Bid Items 1 and 2
Total: $35,010
Brenntag SW Inc.
Elmerdorf, TX
Bid Items 3 and 4
Total: $7,530
GRAND TOTAL: $42,540
BACKGROUND:
Purpose:
Bid Invitations Issued:
Bids Received:
Previous Contract:
Award Basis:
Price Analysis:
Funding:
The chemicals are used by the Park and Recreation Department,
Aquatics Activity, in the treatment of swimming pools.
Fifteen
Four
The option to extend the current contract has been exercised twice,
therefore requiring the City to issue new bid invitations.
Low Bid
Pricing has remained stable from the previous contract.
Account Amount
Park & Recreation Dept.
520010-1020-13105
Pmmen &t Gefieral Services Manager
$45,000
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
BID TABULATION BI -0077-03
SWIMMING POOL CHEMICALS DATE: 3/05/03
1.0 Sodium Hypochlorite
Valley Solvents
Mid -Co Water
I DPC Industries
Valley Solvents I
Mid -Co Water
I
DPC Industries
ITEM
QTY
UNIT
UNIT I EXT PRICE I
UNIT JEXTPRICEJ
$1.18 $5,310.00
UNDP JEXTPRICE
$1.93 $8,685.00
1.0 33,000
GAL
$0.90 $29,700.00
$0.99 $32,670.00
3.0
$1.15 $37,950.00
$0.78
$29,700.00
$32,670.00
$37,950.00
2.0 Muriatic Acid
Valley Solvents
Mid -Co Water
I DPC Industries
ITEM
QTY
I UNIT
UNIT FEXTPRICE
UNIT JEXTPRICEJ
UNITEXT PRICE
2.0
4,500
GAL
$1.18 $5,310.00
$1.75 $7,875.00
$1.93 $8,685.00
$5,310.00
$7,875.00
$8,685.00
3.0 Cyanuric Acid
Valley
Solvents
Mid -Co Water
DPC Industries
Brennta2 SW Inc.
ITEM
QTY
UNIT
UNIT
EXT PRICE UNIT
EXT PRICE
UNIT EXT PRICE
UNIT EXT PRICE
3.0
3,000 LB
$0.78
$2,340.00
$0.85 $2,550.00
$1.00 $3,000.00
$0.635 $1,905.00
$2,340.00
$2,550.00
$3,000.00
$1,905.00
4.0 Bicarbonate of Soda
Valley
Solvents
Mid -Co Water
DPC Industries
Brenntag SW Inc.
ITEM
QTY
I UNIT
UNIT I
EXT PRICE I UNIT
JEXTPRICEJ
UNIT I=PPdCEI
UNIT JEXTPRICE
4.0
25,000
LB
$0.25
$6,250.00
$0.30 $7,500.00
$0.38 $9,500.00
$0.225 $5,625.00
$6,250.00
$7,500.00
$9,500.00
$5,625.00
Award Total:
$35.010.00
$7.530.00
Grand Total:
$42,540.00
5
AGENDA MEMORANDUM
DATE: April 16, 2003
SUBJECT: Miscellaneous Sewer Line Cleaning (Project No. 7225)
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to award a construction contract in
the amount of $574,823 with Chief Environmental Surveys for the Miscellaneous Sewer
Line Cleaning.
ISSUE: Deterioration of the City's Wastewater collection system allows infiltration and
inflow of water and dirt. This results in reduced line capacity and manhole overflows
potentially leading to noncompliance with state or federal environmental regulations. This
is an on-going program that systematically addresses problematic area within the City.
This phase of the project will clean out and inspect approximately 15 miles of suspect
collection system mains as a preventative measure to be followed by design and
rehabilitation of confirmed problem areas.
FUNDING: Funds for this project are available in the FY 2002-2003 Wastewater Capital
Improvement Budget.
RECOMMENDATION: Staff recommends approval of the motion as presented.
Foster Crowell
Director of Wastewater Department
,Z~Cn~el R. Escobar, P. E.,
Director of Engineering Services
Additional Support Material:
Exhibit "A" Background Information
Exhibit "B" Project Budget
Exhibit "C" Bid Tabulation
Exhibit "D" Location Map
H/U SERS2/HOM E/VELMAR/GEN\WASTEWAT~7225~AG ENDA MEMO
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
SUBJECT: Miscellaneous Sewer Line Cleaning (Project #7225)
PRIOR COUNCIL ACTION:
1. January 20, 1998 - Motion authorizing the City Manager, or his designee, to
execute a Contract For Professional Services in the amount of $743,783 with Urban
Engineering for the Infiltration and Inflow Collection System Rehabilitation Project at
the following sites (Motion No. M98-007):
· Carolyn Heights and Sunnybmok/Mansheim Wastewater Collection System
Rehabilitation
· Allison, Broadway, Greenwood, Oso Basins 15-Inch Diameter and Larger
Sewer Lines Cleaning
· Broadway Basin Sanitary SewerOverfow, Infiltration/InflowAssessment and
Rehabilitation
· Allison, Greenwood, Oso Basins Sanitary Sewer Overflow Abatement
Investigation
2. October 12, 1999 - Motion authorizing the City Manager, or his designee, to
execute Amendment No. 2 to the Contract For Professional Services in the amount
of $205,260, for a total re-stated fee of $960,400.40, with Urban Engineering for the
Infiltration and Inflow Collection System Rehabilitation Project at the following sites
(Motion No. M99-357):
· Broadway Basin Sanitary Sewer Overflow, Infiltration/Inflow Assessment and
Rehabilitation
3. July 17, 2001 - Motion authorizing the City Manager, or his designee, to execute
Amendment No. 3 to the Contract For Professional Services in the amount of
$238,400, for a total re-stated fee of $1,198,800.40, with Urban Engineering for the
Infiltration and Inflow Collection System Rehabilitation Project at the following sites
(Motion No. M2001-263):
· Broadway Basin Sanitary Sewer Overflow, Infiltration/InflowAssessment and
Rehabilitation
· Review Cleaning Video Tapes of Allison, Broadway, Greenwood, Oso Basins
15-Inch Diameter and Larger Sewer Lines Cleaning
· Miscellaneous Sewer Line Cleaning
4. December 17, 2002 - Approval of the Fiscal Year 2002-03 Capital Improvement
Budget for $299,913,200 (Ordinance No. 025144).
H/USERS2/HOME/VEL MAR/G EN/WASTEWA~7225~GE NDA BACKGROUND
EXHIBIT "A" ]
Page 1 of 3
PRIOR ADMINISTRATIVE ACTION:
1. September 10, 1999 - Executed Amendment No. 1 to the Contract For Professional
Services in the amount of $11,357.40, for a total re-stated fee of $755,140.40, with
Urban Engineering for the Infiltration and Inflow Collection System Rehabilitation
Project at the following sites:
· Allison, Greenwood, Oso Basins Sanitary Sewer Overflow Abatement
Investigation
2. January 9, 2002 - Executed Amendment No. 4 to the Contract For Professional
Services in the amount of $14,900, for a total re-stated fee of $1,213,700.40, with
Urban Engineering for the Infiltration and Inflow Collection System Rehabilitation
Project at the following sites:
· Miscellaneous Sewer Line Cleaning
BACKGROUND INFORMATION: Deterioration of the City's Wastewater collection system
allows infiltration and inflow of water and dirt. This results in reduced line capacity and
manhole overflows potentially leading to noncompliance with state or federal environmental
regulations. This is an on-going program that systematically addresses problematic area
within the City. This phase of the project will clean out and inspect approximately 15 miles
of suspect collection system mains as a preventative measure to be followed by design
and rehabilitation of confirmed problem areas.
PROJECT DESCRIPTION: The project consists of a Base Bid and Additive Alternate "A".
1. Base Bid -The Base Bid consists of the cleaning and video recording of approximately
66,270 feet of various sanitary sewer lines, locating six (6) existing manholes and
construction of two (2) new fiberglass manholes (if authorized by the Engineer), in
accordance with the plans, specifications, and contract documents. The areas include:
· Allison Wastewater Treatment Plant
· Del Mar Boulevard
· Louisiana Avenue
· South Alameda Street
· South Staples Street
· Everhart Road and Saratoga Boulevard
· IH 37 and Crosstown Expressway
Additive Alternate "A" - Additive Alternate "A" consists of the cleaning and video
recording of approximately 13,130 feet of various sanitary sewer lines, locating five
(5) existing manholes and construction of two (2) new fiberglass manholes (if
authorized by the Engineer), in accordance with the plans, specifications, and
contract documents. The areas include: · Kingsbury Drive
· Santa Gertrudis Drive
· Calallen Drive and Teague Lane
EXHIBIT "A"
Page 2 of 3
H/USERS2t HOM E/VELMAR/GEN\WASTEWAT~7225tAGENDA BACKGROUND
BID INFORMATION: Bids were received on April 9, 2003 with three (3) bidders submitting
proposals. The bid proposal was set up with a Base Bid and Additive Alternate "A". The
Base Bids range from $295,037.25 to $522,418.90. The proposal submitted by National
Works, Inc. of New Braunfels, Texas contained an insufficient bid bond; and is therefore
considered a non-responsive bid proposal.
The City's consultant, Urban Engineering, and City staff recommend a contract be awarded
to Chief Environmental Surveys of Houston, Texas for the Base Bid in the amount of
$422,623 and Additive Alternate "A" in the amount of $152,200, for a total contract award
of $574,823.
CONTRACT TERMS: The contract specifies that the project will be completed as follows:
· Base Bid - 100 Calendar Days
· Base Bid and Additive Alternate "A" - 140 Calendar Days
FUNDING: Funds for this project are available in the FY 2002-2003 Wastewater Capital
Improvement Budget.
H:/USERS2/HO ME/VELMAR/GEN/WASTEWA~7225',AGENDA BACKGROUND
EXHIBIT "A" ]
Page 3 of 3
PROJECT BUDGET
MISCELLANEOUS SEWER LINE CLEANING
(Project No. 7225)
April 16, 2003
Wastewater ClP ...........................................................................
$700,973.00
FUNDS REQUIRED:
Construction (Chief Environmental Surveys) .......................................
Contingencies (10%) .....................................................................
Consultant (Urban Engineering) ........................................................
Major Projects Activity ..................................................................
Construction Inspection Activity ......................................................
Miscellaneous (Printing, Advertising) .................................................
Total ..........................................................................................
$574,823.O0
57,500.00
44,650.00
5,000.00
17,500.00
1,500.00
$700,973.00
EXHIBIT "B"
Page 1 of 1
TABULATION OF BIDS
DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS
TABULATED BY: Urban Engineering
Date: Wednesday, April 9, 2003 Time of Completion: 100 Calendar Days
Page 1 of 4
ENGINEER'S ESTIMATE: $343,660.00
MISCELLANEOUS SEWER LINE CLEANING
CHIEF ENVIRO SURVEYS
SPECIALIZED MAINT.
NATIONAL WORKS, INC.
1535 N. Post Oak Rd.
4533 Pasadena Blvd.
P. O. Box 310909
Houston, TX
Pasadena, TX
New Braunfels, TX
Ci Pro ect No. 7225
77055
77503
78131
UNIT
UNIT
UNIT
DESCRIPTION QTY.
UNI
PRICE
AMOUNT
PRICE
AMOUNT
PRICE
AMOUNT
Area 1 - Vicinity of Allison WWTP
1 _ Cleaning of Approx. 6,670 LF of 30" VCP
Sewer Line 1
LS
100,050.00
$100,050.00
133,400.00
$133,400.00
39,686.50
$39,686.50
2. Cleaning of Approx. 2,180 LF of 27" VCP
Sewer Line 1
3. Locate Existing MH
LS
32,700.00
$32,700.00
39,240.00
$39,240.00
11,990.00
$11,990.00
6
4. New 4'o Fiberglass MH (6' to 10' Height) 1
EA
EA
3,000.00
35,000.00
$18,000.00
$35,000.00
250.00
14,286.00
$1,500.00
$14,286.00
500.00
8,000.00
$3,000.00
5. New 5'o Fiberglass MH (Greater than 10' 1
EA
50,000.00
$50,000.00
19,853.00
$19,853.00
10,000.00
$8,000.00
$10,000.00
Depth)
Area 1 Sub-Total$235,750.00
'
$208,279.00
$72,676.50
* Indicates error on bid proposal. Value shown
is correct.
Area 5 - Vicinity of Del Mar Blvd.
6. Cleaning of Approx. 8,830 LF of 6" VCP
Sewer Line 1
7. Cleaning of Approx. 600 LF of 10" VCP
LS
18,985.00
$18,985.00
22,869.70
$22,869.70
26,490.00
$26,490.00
Sewer Line 1
8. Cleaning of Approx. 790 LF of 12" VCP
LS
1,290.00
$1,290.00
1,614.00
$1,614.00
1,800.00
$1,800.00
Sewer Line 1
LS
1,975.00
$197500
2,204.10
$2,204. 10
2,370.00
$2 370.00
Area 5 Sub -Total
Area 6 - Vicinity of Louisiana Avenue
$22,250.00
$26,687.80
$30,680.00
9. Cleaning of Approx. 11,700 LF of 6" VCP
Sewer Line 1
10. Cleaning of Approx. 2,350 LF of 8" VCP
LS
25,155.00
$25,155.00
27,963.00
$27,963.00
35,100.00
$35,100.00
Sewer Line 1
11. Cleaning of Approx. 2,480 LF of 10" VCP
LS
5,053.00
$5,053.00
5,851.50
$5,851.50
7,050.00
$7,050.00
Sewer Line 1
12. Cleaning of Approx. 490 LF of 12" VCP
LS
5,332.00
$5,332.00
6,671.20
$6,671.20
7,440.00
$7,440.00
Sewer Line 1
LS
1,225.00
$1,225.00
1,416.10
$141610
1,470.00
$147000
$36,765.00
901.810
$41,0
Area 6 Sub -Total
$51,060.00
MISCELLANEOUS SEWER LINE CLEANING
CHIEF ENVIRO SURVEYS
SPECIALIZED MAINT.
NATIONAL WORKS, INC.
1535 N. Post Oak Rd.
4533 Pasadena Blvd.
P. O. Box 310909
Houston, TX
Pasadena, TX
New Braunfels, TX
77055
77503
78131
I(City Pro ect No. 7225
UNIT
UNIT
UNIT
DESCRIPTION QTY.
UNI
PRICE
AMOUNT
PRICE
AMOUNT
PRICE
AMOUNT
Area 7 - Vicinity of South Alameda Street
13. Cleaning of Approx. 6,100 LF of 6" VCP
Sewer Line 1
LS
13,115.00
$13,115.00
16,958.00
$16,958.00
18,300.00
$18,300.00
14. Cleaning of Approx. 640 LF of 8" VCP
Sewer Line 1
LS
1,376.00
$1,376.00
1,843.20
$1,843.20
1,920.00
$1,920.00
15. Cleaning of Approx. 640 LF of 10" VCP
Sewer Line 1
LS
1,376.00
$1,376.00
1,907.20
$1,907.20
1,920.00
$1,920.00
$15,867.00
$20,708.40
Area 7 Sub-Total
$22,140.00
Area 8 - Vicinity of South Staples Street
16. Cleaning of Approx. 4,240 LF of 21" VCP
Sewer Line 1
LS
25,000.00
$25,000.00
78,440.00
$78,440.00
22,260.00
$2226000
$25,000.00
$78,440.00
Area 8 Sub-Total
Area 9 - Vicinity of Everhart Road and Saratoga Blvd.
$22,260.00
17. Cleaning of Approx. 10,210 LF of 8" VCP
Sewer Line I 1
LS
21,951.00
$21,951.00
26,443.90
$26 443.90
30,630.00
$301630.00
$21,951.00
$26,443.90
Area 9 Sub-Total
$30,630.00
Area 10 -Vicinity of 1-37 and Crosstown Expressway
18. Cleaning of A pprox. 2,930 LF of 15" VCP
Sewer Line 1
19. Cleaning of Approx. 1,440 LF of 16" VCP
LS
10,000.00
$10,000.00
9,962.00
$9,962.00
11,573.50
$11,573.50
Sewer Line 1
20. Cleaning of Approx. 1,365 LF of 18" CIP
LS
5,400.00
$5,400.00
5,256.00
$5,256.00
5,688.00
$5,688.00
Sewer Line 1
21. Cleaning of Approx. 470 LF of 21" VCP
LS
5,460.00
$5,460.00
38,220.00
$38,220.00
5,391.75
$5,391.75
Sewer Line 1
22. Cleaning of Approx. 1,120 LF of 24" VCP
LS
2,820.00
$2,820.00
6,345.00
$6,345.00
2,467.50
$2,467.50
Sewer Line 1
23. Cleaning of Approx. 1,020 LF of 27" VCP
LS
6,720.00
$6,720.00
16,800.00
$16,800.00
5,880.00
$5,880.00
Sewer Line 1
LS
7,140.00
$7140.00
16,575.00
$16575.00
5,610.00
$5610.00
Area 10 Sub-Total
$37,540.00
$93,158.00
$36,610.75
Page 2 of 4
24.
25.
26.
MISCELLANEOUS SEWER LINE CLEANING
CHIEF ENVIRO SURVEYS
1535 N. Post Oak Rd.
Houston, TX
77055
;oilowing Bid Items Apply to Each Area in he se lid
Point Repair Allowance 1 LS 25
Traffic Control Plan 1 LS 1
Trench Safety 100 LF
Bid Items 24,25 and 26 Sub -Total
TOTAL BASE BID
" Indicates error on bid proposal. Value shown is correct.
kdditive Alternate Bid A
krea 2 - Vicinity of Kingsbury Drive
A-1 Cleaning of Approx. 1,550 LF of 36" VCP
Sewer Line
Area 2 Sub -Total
krea 3 - Vicinity of Santa Gertrudis Drive
A-2 Cleaning of Approx. 1,990 LF of 15" VCP
Sewer Line
A-3 Locate Existing Manhole
A-4 New 4'm Fiberglass Manhole (Up to 6'
Height)
A-5 New 4'o Fiberglass Manhole (6' to 10'
Height)
Aarea 3 Sub -Total
krea 4 - Vicinity of Calallen Drive and Teague L
A-6 Cleaning of Approx. 6,760 LF of 8" VCP
Sewer Line
A-7 Cleaning of Approx. 2,830 LF of 10" VCP
Sewer Line
Area 4 Sub -Total
1 LS 26,350.00
1
LS
12,766.00
5
EA
1,200.00
1
EA
25,000.00
1
EA
35,000.00
ane
6,000.001
$6,000.00
1
LS
14,500.00
1
LS
6.084.00
SPECIALIZED MAINT
4533 Pasadena Blvd,
Pasadena, TX
77503
AMOUNT
NATIONAL WORKS, INC.
P. O. Box 310909
New Braunfels, TX
78131
$25,000.00 25,000.00 $25,000.00 25,000.00 $25,000,00
$1,500.00 1,000.00 $1,000.00 3,000.00 $3,000.00
$1000.00 8.00 $800.00 10.00 $1000.00
$27,500.00 $26,800.00 $29,000.00
$422,623.00 " $522,418.90 $295,037.25
$26,350.00 31,000.001 $31,00 .001 9,222.501 $9.222.50
15,
$14,500.00
P
13,532.00
$13,532
7,:0100:010
$7,860.50
$6,084.00
(
$8,461.70
8.490.00
58.490.00
$25,000'000.00
12,240.001
$1$2,240. 01
6,000.001
$6,000.00
15,
$14,500.00
P
17,508.401
$17,508.401
20,280.001
$20,280.00
$6,084.00
8,461.70
$8,461.70
8.490.00
58.490.00
6
Page 3 of 4
MISCELLANEOUS SEWER LINE CLEANING
CHIEF ENVIRO SURVEYS
SPECIALIZED MAINT.
NATIONAL WORKS, INC.
1535 N. Post Oak Rd.
4533 Pasadena Blvd.
P. O. Box 310909
Houston, TX
Pasadena, TX
New Braunfels, TX
77055
77503
78131
(City Project No. 7225)
UNIT
UNIT
UNIT
DESCRIPTION QTY.
UNI
PRICE
AMOUNT
PRICE
AMOUNT
PRICE
AMOUNT
The
Following Bid Items Apply to Each Area in the A
IdIthAlternate
B
A-8
Point Repair Allowance 1
LS
25,000.00
$25,000.00
25,000.00
$25,000.00
25,000.00
$25,000.00
A-9
Traffic Control Plan 1
LS
500.00
$500.00
1,000.00
$1,000.00
3,000.00
$3,000.00
A-10
Trench Safety 100
LF
10.00
$1 000.00
8.00
$800.00
10.00
$1 000.00
$26,500.00
$26,800.00
Bid Items A -8,A-9 and A-10 Sub -Total
$29,000.00
TOTAL ADDITIVE ALTERNATE A
$152,200.00
$126,506.10
$91,353.00
TOTAL BASE BID + ADDITIVE ALTERNATE BID
A
$574,823.00
1 $648,925.00
$386,390.25 "
xx Denotes Non -Responsive Bid - Insufficient Bid Bond
Page 4 of 4
~-~ ~ SonPot~ctoOounty
LOCATION ~AP
NOT TO SCALE
C~TY PROJECT No. 7225 EXHiBiT "D"
C~TY COUNCZL EXHZB~T
M~SCELLANEOUS SEWER L~NE CLEWING ~ o~ ~
PAGE: I of 1
CI~ OF CORPUS CHRISTI, ~5 DA~: 04-16-2003
6
AGENDA MEMORANDUM
DATE: April 16, 2003
SUBJECT:
RTA Bus Stop Miscellaneous Street Improvements, Phase 2
· Leopard Street at Stillman (Project No. 6190)
· Leopard Street at Jamison (Project No. 6183)
· Leopard Street at Westchester (Project No. 6184)
· Leopard Street at Kennedy (Project No. 6192)
· Leopard Street between McCampbell/Sunbelt (Project No. 6187)
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to award a construction contract in
the amount of $144,117.20 with Third Coast General Contractors for the RTA Bus Stop
Miscellaneous Street Improvements, Phase 2.
ISSUE: The City and RTA have identified various City streets where bus stop
improvements are required.
FUNDING: Funds to finance the project are available in the FY 2002-2003 Street Capital
Improvement Budget.
RECOMMENDATION: Staff recommends approval of the motion as presented.
Angel R. Escobar, P. E.,
Director of Engineering Services
Additional Support Material:
Exhibit "A" Background Information
Exhibit "B" Project Budget
Exhibit"C" Bid Tabulation
Exhibit"D" Location Map
H:/USERS2~HOME\VELMAR/GEN/STREET~6183 RTA PHASE 2~AGENDA MEMO
BACKGROUND INFORMATION
SUBJECT:
RTA Bus Stop Miscellaneous Street Improvements, Phase 2
· Leopard Street at Stillman (Project No. 6190)
· Leopard Street at Jamison (Project No. 6183)
· Leopard Street at Westchester (Project No. 6184)
· Leopard Street at Kennedy (Project No. 6192)
· Leopard Street between McCampbell/Sunbelt (Project No. 6187)
PRIOR COUNCIL ACTION:
1. July 13, 1999- Approval of an Interlocal Governmental Agreement with the RTA for
street improvement purposes (Resolution No. 023693).
2. July 13, 1999 - Ordinance appropriating $500,000 from the RTA in the No. 3530
Street Capital Projects Fund for the Special Projects 1999 Street Improvement
Program; amending Ordinance No. 023474, which adopted the FY 1998-99 Capital
Budget, by adding $500,000 to the No. 3530 Street Capital Projects Fund; and
declaring an emergency (Ordinance No. 023694).
3. May 9, 2000 - Motion authorizing the City Manager, or his designee, to execute an
engineering contract in the amount of $49,090 with Shiner, Moseley & Associates
for the Regional Transportation Authority (RTA) Miscellaneous Street Improvements
(Motion No. M2000-134).
April 17, 2001 - Resolution authorizing the City Manager, or his designee, to
execute an Interlocal Governmental Agreement with the Regional Transportation
Authority (RTA) for the RTA to provide the City money annually for street
improvement purposes (Resolution No. 024423).
5. May 8, 2001 - Ordinance appropriating $500,000 from the Regional Transportation
Authority in the No. 3530 Street Bond Fund for the Special Projects 2001 Street
Improvement Program; amending the FY 00-01 Capital Budget adopted by
Ordinance No. 024162 by adding $500,000 to the Street CIP Fund; and declaring
an emergency (Ordinance No. 024436).
May 15, 2001 - Ordinance appropriating $331,625 from the Regional Transportation
Authority in the No. 3530 Street Bond Fund for Special Projects 2000 Street
Improvement Program; amending the FY00-01 Capital Budget adopted by
Ordinance No. 024162 by adding $331,625 to the Street Capital Improvement Fund
(Ordinance No. 024454).
May 15, 2001 - Motion authorizing the City Manager, or his designee, to execute
Amendment No. 1 to the engineering contract in the amount of $49,090 for a total
fee not to exceed $98,180 with Shiner, Moseley & Associates for the Regional
Transportation Authority (RTA) Miscellaneous Street Improvements (Motion No.
M2001-190).
4
EXHIBIT "A"
Page 1 of 3
PRIOR COUNCIL ACTION (continued):
8. June 25, 2002 - Ordinance appropriating $500,000 into the Street CiP Fund No.
3530 from the Regional Transportation Authority for the RTA 2002 Special Projects
Program, increasing Fund No. 3530 appropriations by $500,000 and declaring an
emergency (Ordinance No. 024918).
9. February 25, 2003 - Motion authorizing the Acting City Manager, or his designee, to
execute Amendment No. 3 to the Consultant Contract with Shiner, Moseley &
Associates, Inc. for a total fee not to exceed $52,020 for the RTA Miscellaneous
Street Improvements Project (Motion No. M2003-077).
PRIOR ADMINISTRATIVE ACTION:
1. Au.qust 19, 2002 - Executed Small A/E
Agreement for Architect/Engineer
Consultant Services with Felix H. Ocanas, Jr., P. E. for a total fee not to exceed
$16,000 for the Regional Transportation Authority (RTA) Bus Stop Miscellaneous
Street Improvements.
February 18, 2003 - Executed Amendment No. 2 to the engineering contract in the
amount of $8,670 for a total fee not to exceed $106,850 with Shiner, Moseley &
Associates for the Regional Transportation Authority (RTA) Miscellaneous Street
Improvements, Phase 2A.
March 17, 2003 - Executed Amendment No. 1 to the Small NE Agreement for
Architect/Engineer Consultant Services with Felix H. Ocanas, Jr., P. E. for a fee not
to exceed $2,400, for a total re-stated fee not to exceed $18,400, for the Regional
Transportation Authority (RTA) Bus Stop Miscellaneous Street Improvements.
FUTURE COUNCIL ACTION:
Award of a construction contract for the Regional Transportation Authority (RTA)
Miscellaneous Bus Stop Improvements, Phase 3.
BACKGROUND INFORMATION: The City of Corpus Christi entered into an Interlocal
Governmental Agreement with the Regional Transportation Authority (RTA) for bus stop
miscellaneous street improvement purposes. Since then monies have been appropriated
for the Special Projects Program in 1999, 2000, 2001, and 2002. The proposed project
consists of making improvements to various City streets where bus stop improvements are
required.
PROJECT DESCRIPTION: The proposed project consists of minor demolition and
construction of bus turnouts, sidewalk, curb and gutter, and pavement repair at five bus
stop locations throughout the City as follows:
1. Leopard Street
2. Leopard Street
3. Leopard Street
4. Leopard Street
5. Leopard Street
at Stillman
at Jamison
at Westchester
at Kennedy
between McCampbell and Sunbelt
ti/USERS2\HOMEWELMAR/GEN/STREET~6183 RTA PHASE 2t AGENDA BACKGROUND
EXHIBIT "A" ]
Page 2 of 3
BID INFORMATION: Bids were received on April 9, 2003 with five (5) bidders submitting
proposals. The bid proposal was set up with a Base Bid and two (2) Additive Alternates.
The Base Bid consists of improvements to the following sites:
Leopard Street at Stillman
· Leopard Street at Jamison
· Leopard Street at Westchester
· Leopard Street at Kennedy
Additive Alternate No. 1 consist of improvements to the following site: · Leopard Street between McCampbell and Sunset
Additive Alternate No. 2consist of improvements to the following site: · Leopard Street at Hereford
The bids range as follows:
Base Bid
Additive Alternate No. 1
Additive Alternate No. 2
from $113,667.49 to $191,671.82
from $29,438.03 to $48,963.80
from $33,280.66 to $56,101.71
Third Coast General Contractors of Corpus Christi, Texas submitted the Iow bid. The City
consultant, Shiner, Moseley & Associates, and City staff recommend a contract be
awarded to Third Coast General Contractors for the Base Bid in the amount of
$113,667.49 and Additive Alternate No.1 in the amount of $30,449.71, for a total contract
amount of 144,117.20.
CONTRACT TERMS: The contract specifies that the project will be completed in 120
calendar days, with completion anticipated by September 2003.
FUNDING: Funds for this project are available in the FY 2002-2003 Street Capital
Improvement Budget.
EXHIBIT "A"
Page 3 of 3
H/U SERS2/HO M E/VELMAR/GEN/STRB E~6183 RTA PHASE 2/AGENDA BACKGROUND
PROJECTBUDGET
RTA BUS STOP MISCELLANEOUS
STREET IMPROVEMENTS, PHASE 2
Leopard at Stillman (Project No. 6190) [Base Bid]
Leopard at Jamison (Project No. 6183) [Base Bid]
Leopard at Westchester (Project No. 6184) [Base Bid]
Leopard at Kennedy (Project No. 6192) [Base Bid]
Leopard b/n McCampbell/Sunbelt (Project No. 6187) [Add. Alt. No. 1]
April 16, 2003
FUNDS AVAILABLE:
FY 2000-2001 Street CIP .............................................................
$255,806.00
FUNDS REQUIRED:
Construction (Third Coast General Contractors) ..............................
Contingencies (10%) ..................................................................
Consultant (Shiner, Moseley & Associates) .......................................
Consultant (Felix H. Ocanas, Jr.) ...................................................
Consultant (David L. Walker, Architect) ..........................................
Major Projects Activity ..................................................................
Construction Inspection ...............................................................
Texas Dept. of Licensing and Regulation ..........................................
Incidentals (Printing, Advertising) ...................................................
Total .......................................................................................
$144,117.20
14,411.72
49,090.00
2,400.00
200.00
2,500.OO
6,500.00
500.00
t ,000.00
$220,718.92
H:\USE RS2/HO ME/VELMARtGEN/STREE 1~6 ~ 83 RTA PHASE 2/PROJECT BUDGET
EXHIBIT"B"
Page 1 of 1
TABULATION OF BIDS
DEPARTMENT OF ENGINEERING • CITY OF CORPUS CHRISTI, TEXAS
TABULATED BY: 'Angel R. Escobar, P.E., Director of Engineering SeMces
DATE: Wednesday, April 9, 2003
ENGINEER'S ESTIMATE: $121,000.00
TIME OF COMPLETION: 120 cal. Days
REM
RTA BUS STOP MISCELLANEOUS
STREET IMPROVEMENTS, PHASE 2
(PROJECT NO. 6183, 6184, 6185, 6187, 6190, 6192)
I DESCRIPTION
QTY.
UNIT
THIRD COAST GEN. CONTR.
PO BOX 271396
CC, TX 78427
UNIT PRICE AMOUNT
RS PARKER CONSTR.
110 MAGNOLIA
PORTLAND, TX 78374
UNIT PRICE AMOUNT
DMB CONSTR.
PO BOX 71118
CC, TX 78,167
UNIT PRICE AMOUNT
ECONOMY SVCS„ INC.
PO BOX 5710
CC, TX 78465
UNIT PRICE AMOUNT
BARCOM COMMERCIAL
1710 STE B
CC, TX 78416
UNIT PRICE AMOUNT
1
2
3
Remove existing asphalt pavement complete In place per SY.
Remove existing wrb/gu0er, complete in place per LE.
Remove exiseng sidewalk/ddveway, complete in place per SE.
539
343
237
S. Y.
L. F.
S. F.
$13.00
$14.00
$13.00
$7,007.00
$4,802.00
$3,081.00
$10.00
$10.00
$10.00
$5,390.00
$3,430.00
$2,370.00
$22.86
$7.33
$2.08
$12,321.54'
$2,514.19
$492.96
53.50
$3.60
$224
$1,888.50
$1,234.80
3530,88
$37.75
$3.11
$3.73
$2034725
$1,086.73
3884.01
4
New 6" wrb/guger, complete in place per LF.
New canasta sidwalk/wrt rampe/ddmreway/shelter pad, complete In
375
L. F.
$14.99
$5,621.25
$20.00
$7,500.00
$2539
$9,521.25 '
$6.70
$2,512.50
$36.71
$13,786.25
5
place per$E.
New perimeter wrb at sidewalk/shelter pad, wmplete in place par
2,125
S. F.
$9.25
$19,656.25
$20.00
$12,500.00
$12.06
$25,627.50
$42.50
$90,312.50
$27.74
$50,447.50
6
7
8
9
10
11
12
13
14
15
16
17
18
19
LE.
New wnaete pavement, wmplete in place per Sy.
New asphaK pavement, wmplete in place per Sy.
Adjust manhole cdiam, wmplete in place per E9.
Ma1Ky storm Inlet wmplete in place per F.A.
New storm inlet, wmplete In piece per F.A.
New stem manhole, complete in place per l6.
New storm headwall, wmplete in platy per E9.
1Y RCP (With backfill), axnplOKe in platy per LE.
18" RCP (with backfill), aanplete in platy per LE.
24" RCP (with backfill), wmplete in platy per LE
place par .
Pavementds, om s, wmDl te pi,,,
New hollaNs, wmplete In Place Per EA.
Traffic Control and Banireding, wmplete In place per EA.
TOTAL BASE BID (ITEMS I.19)
89
558
45
2
1
2
2
0
30
90
0
235
4
4
1 L F.
S. V.
1 S. V.
EA
EA
EA
FA
EA.
L F.
L. F.
L. F.
S. F.
EA
EA
$16.00
$66.88
$33.00
$666.00
$1,386.00
521490.00
$3.100.00
$3,300.00
$37.88
$44.00
$46.00
$15.93
$533.00
$2,100.00
$1,424.00
$37.319.04
$1,48500
$1,332.00
$1,388.00
541980.00
$6,200.00
$0.00
$1,136.40
$3,980,00
$0.00
$3,743.55
52.132.00
$8,400.00
$113,667.49
$24.00
$60.00
545.00
$500.00
5800.00
$1,650.00
32.600.00
$0.00
540.00
$41.00
$0.00
$13.00
$250.00
$1,875.001
$2,136.00
$33,480.00
$2,025.00
$1,000.00
$800.00
$3.300.00
$5,200.00
$0.00
$1,200.00
$3,690.00
$0.00
$3,056.00
$1,000.00
$7,500.00
$125,576.00
$13.88
$9562
$102.38
$753.00
$1,186.00
$1,475.00
$2,738.00
$0.00
540.57
$43.72
$0.00
$12.75
$329.001
$1,35200
$1,235.32
$53,913.96 '
$4,607.10
$1,506.00
$1,186.00
$2,950.00 1
$5,47200
$0.00
$1,217.10
33,934.81
SOHO
$2,996.25
$1.318.00
$5.408.00
$136,219.97
$293
$42.50
$39.50
$375.00
$270.00
$1.075.00
$480.00
$0,00
$28.95
$36.70
$0,0X1
$15.90
$276.50
31.560.00
$260.77
523,715.00
$1,777.50
$750.00$373.00
$270.00
32,150.00
$960.00
$0.00
$868.50
$3,303.00
$0.00
$3,736.50
$1,114.00
38,240.00
$141,6224$
$31.61
$8828
$6725
$498.20
52,888.31 1
$3,335.45
$0,00
$58.53
$39.48
$0,00
$15.88
$159.42
$6,222.50
$2,813.29
$49,280.24
$3,02625
$748.00
$49820
$5,776.82
$8,670.90
50,00
$1,755.90
$5,35320
$0.00
$3,731.80
$837.66
524.880.00
5191,671.82
• Indicates multipication error. Correct number is reflected on Bid Tab.
"Indicates no Unit Price Bid.
M In
X
,o x
� m
o
A 0
' Indicates multipication error. Correct number is reflected on Bid Tab.
"Indicates no Unit Price Bid.
RTA BUS STOP MISCELLANEOUS
STREET IMPROVEMENTS, PHASE 2
(PROJECT NO. 6183, 6184, 6185, 6187, 6190, 6192)
THIRD COAST GEN. CONTR.
PO BOX 271396
CC, TX 78427
RS PARKER CONSTR.
110 MAGNOLIA
PORTLAND, TX 78374
DMB CONSTR.
PO BOX 71118
CC, TX 78467
ECONOMY SVCS., INC.
PO BOX 5710
CC, TX 78485
BARCOM COMMERCIAL
1710 STE 6
CC, TX Till
ITEM
DESCRIPTION
CITY.
UNIT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUM
Additive Alternate No. 1
1
Remove existing asphalt pavement, complete In place per Sy.
105
S. Y.
$13.00
$1,365.00
$10.00
$1.050.00
$22.86
$2,400.30
$3.50
$367.50
$37.75
$3,983.75
2
Remove axlsting curb/gutter, complete in place par LE.
0
L. F.
$14.00
$0.00
$0.00
$0.00
$0.00
$0.00
$3.60
$0.00
$0.00
$0.00
3
Remove existing sidewalktdrivevay, complete in place per SE.
0
S. F.
$13.00
$0.00
$0.00
$0.00
$0.00
$0.00
$224
$0.00
$0.00
$0.00
q
New 6" curb/gutter, complete in place per LE.
100
L. F.
$14.99
$1,499.00
$20.00
$2,000.00
$25.39
$2,539.00
$6.70
$670.00
538.71
$3,671.00
5
New concrete sidwalklourb ramps/dnveway/shelter pad, complete in
place per$E.
375
S. F.
$9.25
$3,468.75
$20.00
$7,500.00
$12.06
54,522.50 '
$42.50
$15,937.50
$23.74
$8,902.50
6
New perimeter curb at sidewalk/shelter pad, complete in place per
LE.
51
1 L. F.
$16.00
$816.001
$24.00
$122A.00
$13.88
$707.88 '
$2.93
$149-431
$31.61
$1,612.11
7
New concrete pavement, complete in place per Sy.
128
S. Y.
$66.88
$8.560.66
$60.00
$7,680.00
$96.63
$12,368.64 '
54250
$5,440.00
588.28
$11,299.64
8
New asphalt pavement, complete in place per SY.
0
S. Y.
$33.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
9
Adjust manhole collars, complete in place per EA.
0
EA
$666.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
10
Modify storm Inlet, complete in place per EA.
0
EA.
$1,388.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
11
New storm Inlet, complete in place per EA.
1
EA
$2,490.00
$2,490.00
$1,650.00
$1,650.00
$1,475.00
$1,475.00
$1,075.00
$1,07500
$2,888.31
$2,888.31
12
New storm manhole, complete in place per EA.
1
EA
$3,100.00
$3,100.00
$2,600.00
$2,600.00
$2.736.00
$2,736.00
$480.00
$480.00
$3,335.45
$3,335.45
13
New storm headwall, complete in place per E6.
1
1 EA.
$3,300.001
$3,300.00
$1,250.001
$1,250.00
$450.001
$450.00
$365.00
$365.00
$2,01522
$2,01522
14
12- RCP (with backfill), complete in place per LE.
14
L. F.
$37.88
$530.32
$40.00
$560.00
$40.57
$567.98 '
$15.90
$222.60
S58.531
$819.42
15
18' RCP (with backfill), complete in place per LE.
0
L. F.
$44.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
16
24" RCP (with backfill), complete in place per LE.
70
L. F.
$46.00
$3,220.00
$55.00
$3,850.00
$50.00
$3,500.00
545.30
$3,171.00
$60.41
$4,228.70
17
Pavement markings, complete in place per SE.
0
S. F.
$15.93
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
18
New bollards, complete in place per EA.
0
EA.
$533.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
19
Traffic Control and Barricading, complete in place per E&
1
EA.
$2,100.00
$2,100.00
$2,000.00
$2,000.00
$1,352.00
$1,352.00
$1,560.00
$1,560.00
$62'17.50
$6,227.50
TOTAL ADDITIVE ALTERNATE NO. 1(ITEMS 1-19)
$30,449.71
$31,361.00
$32,619.30
$28,438.03
William
' Indicates multipication error. Correct number is reflected on Bid Tab.
"Indicates no Unit Price Bid.
• Indicates multipication error. Correct number is reflected on Bid Tab.
-Indicates no Unit Price Bid.
RTA BUS STOP MISCELLANEOUS
STREET IMPROVEMENTS, PHASE 2
(PROJECT NO. 6183, 6184, 6185, 6187, 6190, 6192)
THIRD COAST GEN. CONTIL
PO BOX 271396
CC, TX 78427
RS PARKER CONSTR.
110 MAGNOLIA
PORTLAND, TX 78374
DMB CONSTR.
PO BOX 71115
CC, TX 78467
ECONOMY SVCS., INC.
PO BOX 5710
CC, TX 78185
BARCOM COMMERCIAL
1710 SM B
CC, TX 78415
ITEMI
DESCRIPTION
DTV.
UNIT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNTPRNX:
AMOUNT
UNIT PRICE
AMOUNT
Additive Alternate No. 2
1
Remove a dstlng aspha0 pavement, complete In place per Sy.
45
S. Y.
$13.00
$585.00
$10.00
$450.00
$22.86
$1,028.70 '
$3.50
$157.50
$37.15
$1,671.75 '
2
Remove misting mdLguBer, complete In place per LE.
0
L F.
$14.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0,00
$0,00
SO.00
3
Remove existing sidewalk1ddveway, complete In place per SE.
0
S. F.
$13.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
4
Nov, 6" mrb/gutter, complete in place per LE.
106
L. F.
$14.99
$1,588.94
$20.00
$2,120.00
$25.39
$2,891.34
$6.70
$710.20
$36.71
$3,89126
5
New mnmte sidwalk/curb romps/driveway/shelter pad, complete in
plam per SE.
560
S. F.
$925
$5,180.00
$20.00
$11,200.00
$12.06
$6,753.60
542.50
$23,800.00
$23.74
$13,294A0
6
New pedmeter mm at sldewalk/shefier pad, complete in place per
ILE.
28
1 L F.
$10.00
$416.00
$24.00
$624.00
$13.88
5360.66
5293
$76.18
$31.61
5821.88
7
New conaete Pavement, complete in plam per Sy.
144
S. Y.
$66.88
$9,630.72
$60.00
58,640.00
$96.62
$13,913.28
$42.50
$6,120.00
$88.28
$12,712.32
8
New asphalt pavement complete in plain per Sy.
0
S. Y.
$33.00
$0.00
$0.00
$OHO
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
9
Adjust manhole cdlars, complete In place per E6.
0
EA
$568.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0,00
$0,00
$0.00
10
Modify Stam inlet complete in place per EA.
0
E0.
$1,388.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$p,00
$0.00
50.00
11
New storm inlet, complete In plain per E6.
2
EA.
$2,490.00
$4,980.00
$1,650.00
53,300.00
$1,475.00
52,950.00
$0.00
$2,888.31
$5.778.62
12
New storm manhole, complete In place per E6.
0
EA
$3,100.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
13
New storm headwall, complete In place per EA.
0
EA
53,300.00
$0.00
$0.00
$0.00
$0.00
$0.00.
$0.00
$0.00
$0.001
$0.00
14
12" RCP (with backfill). oo nplete In place per LE.
0
L. F.
537.88
$0.00
$0.00
50.00
$0.00
$0.00
$0.00
$0.00
$0.00
50.00
15
18" RCP (with backfill), complete in place per LE.
200
1 L. F.
$44,00
$81800-00
$41.00
$8,200.00
$43.72
$8,744.00
538.70
$7,340.00
$58.53
$11,706.00
16
24" RCP " backfill), complete In place per LE.
0
L. F.
548.00
$0.00
$0.00
$0.00
50.00
$0.00
$0.00
$0.00
$0.00
$0.00
17
Pavement markings, canplete in place per S.E.
0
S. F.
$15.93
$0.00
$0.00
$0.00
50.00
$0.00
$0.00
$0.00
$0.00
$0.00
18
New bollards, complete In plam per E6.
0
EA
$533.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
19
Traffic Control and Banimding, complete in place per E6.
1
EA. 1
$2,100.001
$2,100.00
$2,000.00
$2,000.00
$1,352.00
$1,352.00
$1,560.00
$1,580.00
$8,227.50
$6,227.50
TOTALADDI77VEALTERNATENO. 20TEUS I-19)
$33,280.88
$381
$37,793.80
$39,763.88
$56,101.71
• Indicates multipication error. Correct number is reflected on Bid Tab.
-Indicates no Unit Price Bid.
RTA BUS STOP MISCELLANEOUS
STREET IMPROVEMENTS, PHASE 2
(PROJECT NO. 6183, 6184, 6185, 6187, 6190, 6192)
THIRD COAST GEN. CONTR.
PO BOX 271396
CC, TX 78427
RS PARKER CONSTR.
110 MAGNOLIA
PORTLAND, TX 78374
DMB CONSTR.
PO BOX 71118
CC, TX 78467
ECONOMY SVCS., INC.
PO BOX $710
CC, TX 78465
BARCOM COMMERCIAL
1710 STE B
CC, TX 78416
ITEM DESCRIPTION
QTY.
I UNIT
UNIT PRICE AMOUNT
UNIT PRICE I AMOUNT
UNIT PRICE I AMOUNT
UNIT PRICE AMOUNT
UNIT PRICE I AMOUNT
TOTAL BASE BID
$113,66T49
$125,576.00
$136,219.97
$141,622.45
$191,671.82
TOTAL BASE BID +ADD. ALT. NO. 1
$144,117.20
$156,940.00
$168,839.27
$171,060.48
$240,635.62
TOTAL BASE BID + ADD. ALT. NO. 1 + ADD. ALT. NO. 2
$177,397.86
$193,474.00
$206,633.07
$210,824.36
$296.737.33
` Indicates multipication error. Correct number is reflected on Bid Tab.
—Indicates no Unit Price Bid.
/.H. 37 'A /
LEGEND
~ ~. ~A. BUS STOP STRE~
~OVr~E~ S~T[S LOOA T[ON
NOT TO SCALE
PROJECT No. 6190, 6183, 6184, 6192, 6187 EXHZBZT "O"
( RTA ) Bus Stop M~sce~Zaneous Stceet C~TY COUNCZL EXH~BZT
OEPAR~ENT OF ENGINEERING SER~CES
[mpcovements, Phase 2 PAGE: I of 1
CI~ OF CORPUS CHRISTI, TEXAS DATE: 04-16-2003
7
AGENDA MEMORANDUM
DATE: April 16, 2003
SUBJECT: Buccaneer Little League Public Improvements, Phase 1 Re-Bid
(Project No. 4230)
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to award a construction contract in
the amount of $37,145 with CamRett Corporation for the Buccaneer Little League Public
Improvements, Phase 1 Re-Bid.
ISSUE: The proposed project was previously bid; however, bids were rejected due to
budget constraints. The leadership of the Buccaneer Little League has agreed on a
revised scope of improvements within budget. Improvements include demolition and
replacement of existing concrete sidewalks, flatwork, and installation of new angle frame
bleachers.
FUNDING: Funding is available from the FY 2000-2001 Community Development Block
Grant (CDBG) Program.
RECOMMENDATION: Staff recommends approval of the motion as presented.
Housing and Community Develo~'nent
~O["-~'Angel R. Escobar, P. E.,
Director of Engineering Services
Additional Support Material:
Exhibit "A" Background Information
Exhibit "B" Project Budget
Exhibit"C" Bid Tabulation
Exhibit "D" Location Map
H:\USERS2/HOME/VELMAR/GEN/CDBG/BUCCANEER~,GENDAMEMO
BACKGROUND INFORMATION
SUBJECT: Buccaneer Little League Public Improvements, Phase I Re-Bid
(Project No. 4230)
PRIOR COUNCIL ACTION:
1. May 9, 2000 - Approval of the FY 2000-2001 Community Development Block Grant
(CDBG) Program (Ordinance No. 024036).
PRIOR ADMINISTRATIVE ACTION:
1. February 6, 2001 - Executed Small NE Agreement with Bennett, Martin, Solka, &
Torno, Inc. Architects in the amount of $6,550.
2. August 7, 2001 - Executed Amendment No. I to Small A/E Agreement with
Bennett, Martin, Solka, & Torno, Inc. Architects in the amount of $600, for a total
restated fee not to exceed $7,150.
3. October 21, 2002 - Executed Amendment No. 2 to Small NE Agreement with
Bennett, Martin, Solka, & Torno, Inc. Architects in the amount of $5,000, for a total
restated fee not to exceed $12,150.
PROJECT BACKGROUND: Buccaneer Little League is located at 4233 Baldwin. This
project was bid on September 19, 2002; however, bids were rejected for budget reasons.
The leadership of the Buccaneer Little League changed and agreement was reached on a
revised scope of improvements within budget. The facility is old and improvements are
required to adequately serve the little league community. Completion of this project will
comply with requirements specified in the Americans With Disabilities (ADA) Act.
PROJECT DESCRIPTION: The proposed project consists of demolition and replacement
of existing concrete sidewalks and flatwork as indicated and furnishing and installation of
new angle frame bleachers at 4235 Baldwin all in accordance with the plans, specifications
and contract documents.
BID INFORMATION: The project consists of a Base Bid. The City received proposals from
six (6) bidders on April 9, 2002. See Exhibit "C" Bid Tabulation. The bids range from
FUNDING: Funds for this project are available in the FY 2000-2001 Community
Development Block Grant (CDBG) Program.
EXHIBIT "A"
Page 2 of 2
H:/USERS2/HOMEXVELMAR/G EN/CDBG/BUCCANEER~AGENDABACKGRQUND
BUCCANEER LITI'LE LEAGUE
PUBLIC IMPROVEMENTS, PHASE 1 RE-BID
(Project No. 4230)
April 15, 2003
FUNDS AVAILABLE:
FY 2000-2001 CDBG ...................................................................
FUNDS REQUIRED:
Construction (Camrett Construction) .............................................
Contingencies (10%) ..................................................................
Consultant (Bennett, Martin, Solka, Torno) .......................................
TDLR Contract Provider (William Stalter & Associates, Inc.) ...............
Major Projects Activity ..................................................................
Survey Activity ...........................................................................
Construction Inspection ...............................................................
Texas Dept. of Licensing ............................................................
Incidentals (Printing, Advertising) ...................................................
Total .......................................................................................
$80,000.00
$37,145.00
3,714.50
12,150.00
250.00
3,000.00
3,270.00
3,300.00
400.00
1,000.00
$64,229.50
EXHIBIT "B"
Page 1 of 1
H:~USERS2YrIOMEWELMARIGEN\CDBG~BUCCAN~:ERIPROJECTBUDGET
TABULATION OF BIDS
DEPARTMENT OF ENGINEERING • CRY OF CORPUS CHRISTI, TEXAS
TABULATED BY: 'Angel R. Escobar, P.E., Director of Engineering Services
DATE: Wednesday, April 9, 2003
ENGINEER'S ESTIMATE: $42,000.00
TIME OF COMPLETION: 60 Cal. Days
BUCCANEER LITTLE LEAGUE
Camret Corp.
EGI Construction Co.
Economy Services, Inc.
PUBLIC IMPROVEMENTS, PHASE 1 REBID
PMB 205, 3636 S. Alameda Ste. B
10201 Leopard Street #A
1018 Hibiscus
PROJECT NO. 4230
Corpus Christ, TX 78411
Corpus Christi, TX 78410
Corpus Christ, TX 78405
ITEM
DESCRIPTION
QTY.
UNIT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
Furnish all labor and materials, tools, and
necessary equipment, and to perform the
work required at the locations set out by
the plans and specifications and in strict
accordance with the contract documents
for the following prices, to -wt.
1
L. S.
$37,145.00
$41,925.30
$43,690.00
TOTAL BASE BID $37,145.00 $41,925.30 $13,690.00
BUCCANEER LITTLE LEAGUE
Coastal Resources, LTD.
DMB Construction
Four Star Design & Constr.
PUBLIC IMPROVEMENTS, PHASE 1 REBID
P. O. Drawer E
P. 0. Box 71118
730 Quetzal Street
PROJECT NO. 4230
Corpus Christi, TX 78469
Corpus Christ, TX 78467
Corpus Christ, TX 78418
ITEM
DESCRIPTION
QTY.
UNIT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
Furnish all labor and materials, tools, and
necessary equipment, and to perform the
work required at the locations set out by
the plans and specifications and in strict
accordance with the contract documents
for the following prices, to -wit
1
L. S.
$45,570.00
$46,478.00
$47,500.00
TOTAL BASE BID $45,570.00 $46,478.00 $17,500.00
P~ECT L~TZ~ NOT TO S~LE
..... .
WCZNZTY ~AP~ ~ ~
NOT TO SCALE
C~ PROJECT No. 4230 EXHXBIT "D"
BUOC~EER LITTLE LEAGUE PUBLIC CZTY COUNCZL EXHZBZT ~
DEPAR~ENT OF ENGINEERING SER~C~
IMPROVEMENTS, PHASE 1 RE-BID PAGE: ~ of I ~ ~
CI~ OF CORPUS CHRISD, TE~S DA~: 04-16-2003 ~
8
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: April 22, 2003
AGENDA ITEM:
A Ordinance authorizing the City Manager, or designee, to implement the Participation
Agreement between the City and Hogan Development Co., L.P., in the amount of
$27,400 for construction of a Wastewater Service Line; and declaring an emergency.
Ordinance appropriating $27,400.00 from Hogan Development Co., L.P., in the No. 3430
Wastewater Capital Improvement Program Fund for construction on the Bill Witt Park
Wastewater Service Line Extension; and declaring an emergency.
Motion authorizing the City Manager, or his designee, to award a construction contract to
King-Isles, Inc. in the amount of $389,364.75 for the Bill Witt Park Wastewater Service
Extension (Project No. 7277).
ISSUE:
The Padre Soccer league at Bill Witt Park is assuming responsibility for building a restroom
facility at the park. This project is necessary to extend an existing line to provide sanitary
sewer service to that facility, to a proposed subdivision development and for future extension
and expansion of Bill Witt Park.
FUNDING:
Funding for this project is available in the FY 02 -03 Wastewater Capital Improvement
Program and through a Participation Agreement with the developer.
CONCLUSION AND RECOMMENDATION:
Approval of the participation agreement and construction contract is recommended to begin
construction phase services.
Foster Crowell,
Director of Wastewater Services
~
Director of Engineering ~ervices
Attachments:
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Background
Participation Agreement
Bid Tab
Location Map
H:\HOME\LYNDAS\GEN\Wastewater\7277 - Bill Witt Park Service Extension\Memo,DOC
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
SUBJECT: Bill Witt Park Wastewater Service Extension (Project No. 7277).
(Project #7277)
PRIOR COUNCIL ACTION:
1. December 17, 2002 - Approval of the Fiscal Year 2002-03 Capital Improvement
Budget for $299,913,200 (Ordinance No. 025144).
PRIOR ADMINISTRATIVE ACTION:
1. January 17, 2003 - Administrative approval of an contract for plan preparation with
Urban Engineering in the amount of $17,500 for the Bill Witt Park Wastewater
Service Extension project.
FUTURE COUNCIL ACTION: Nothing anticipated.
PROJECT BACKGROUND: The Padre Soccer League is assuming all responsibility to
construct a restroom/concession facility at the Bill Witt Park. This project is necessary to
extend an existing line to provide sanitary sewer service to that facility. The line will initiate
from an existing manhole on the westside of Cimarron Boulevard, just south of Yorktown
Boulevard. The line crosses Cimarron and goes easterly across a proposed sub-division
and into Bill Witt Park. The developer, Hogan Development Co., L.P., has agreed to
participate in this project where improvements cross through his property.
PROJECT: This project consists of approximately 1,800 linear feet of wastewater
collection line, manholes, service risers, clean-out and miscellaneous items of work
required to complete the project in accordance with the plans, technical specifications and
contract documents.
PARTICIPATION AGREEMENT: A participation agreement is attached as Exhibit "B".
BID INFORMATION:
This project consists of a base bid and one additive alternate. The work for the additive
alternate was for the portion of the work which crossed the proposed sub-division
development by Hogan Development L.P.
The City received proposals from four (4) bidders on April 9, 2003. (See Exhibit "C") The
base bids ranged from $361,964.75 to $452,177.00. The Engineer's estimated
construction cost for the base bid was $370,48.80. One of the bid proposals contained an
error on the schedule of values, but this did not affect the priority bid order.
EXHIBIT "A"
Page 1 of 2
King-Isles, Inc. was the lowest bidder. Therefore, the City's Consultant, Urban
Engineering, and city staff, recommend that based on Iow bid and past satisfactory
experience, a contract be awarded to King-Isles, Inc., in the amount of $389,364.75 for the
Bill Witt Park Wastewater Service Extension project for the base bid and additive alternate
#1.
CONTRACT TERMS: This project is scheduled to take 60 calendar days with completion
estimated to be in late July 2003.
EXHIBIT "A"
Page 2 of 2
WASTEWATER LINE PARTICIPATION AGREEMENT
THE STATE OF TEXAS
THE COUNTY' OF NUECES
THIS AGREEMENT is entered into between the City of Corpus Chdsti, a Texas Home-Rule
Municipal Corporation, p O Box 9277, Corpus Christi, Nueces County, Texas, 78469-9277, hereinafter
called 'CJly' and Hogan Development Co., L.P., a Texas Limited Partnership, 304 Chama, Victoria,
Texas, 77904, Victoria, County, hereinafter called "Developer".
WHEREAs, The City has contracted to install a wastewater service line to Bill Witt Park project
#7277, and
WHEREAS, the route of this line will cross property proposed for development as a residential
subdivision owned by Hogan Development Co., L.P., and
WHEREAS, Hogan Development Co., L.P., will require access to this wastewater line for services
to the residential property, and
WHEREAs, it is in the best interest of the C~ and the Developer for the wastewater collection
system to be constructed in its permanent sizing and location;
NOW, THEREFORE, for and in consideration of the mutual covenants herein exchanged to be
kept and performed, the parties do hereby covenant, and agree as follows:
REQUIRED CONSTRUCTION
The City will construct all the wastewater collection system across Hogan Development Co.,
L.P., up and into Bill Witt Park in accordance with the plans and specifications approved by
the City Engineer and in compliance with the contract to be awarded by the City of Corpus
Christi.
EASEMENTS
The Developer will dedicate to the City at a mutually acceptable location, a required utility
easement and temporary construction easement across h s property for the PUrpose of
constructing a permanent wastewater collection system.
REIMBURSEMENT
The Developer will reimburse the City 100% of the cost of alternative bid items for deep-cut
service risers and manhole A-3 as identified in the awarded proposal. Money to be paid upon
execution of this agreement in the amount of $27,400.
NOW THEREFORE, for and n consideration of said Developer participation for deep-cut service
risers and manhole A-3, in connection with wastewater line for Bill Witt Park Project #7277, the City and
Developer further agree as follows:
1. The City shall indemnify and hold harmless the Developer, its agents, o~cers and employees
'"in- · -
t aemmtees ) from all suits, actions or claims and from all liability for any and all injuries or damages
sustained by any person, including without limitation workers compensation, personal injury or death,
arising from or incident to this wastewater line construction.
Wastewater Line Participation Ag~ement
Bill Witt Park
Page 1 of 2
EXHIBIT "B"
Page 1 of 2
2. Developer further agrees, in compliance with the City of Corpus Chdsfl Ordinance No. 17112,
to complete, as pert of this Agreement, the Disclosure of Ownership Interests form attached hereto as
Exhibit "C".
3. This agreement shall become effective and shall be binding upon and shall inure to the
benefit of the parties hereto and their respective heirs, successors, and assigns from and after the date of
execution.
EXECUTED IN DUPLICATE originals, this. day of
,2003.
ATTEST:
THE CITY OF CORPUS CHRISTI
City Se r iary
APPROVED:
_ day of
By:
,2003
Assistant City Attorney
STATE OF TEXAs
By:_.
George K. Noe, Acting City Manager
DEVELOPER:
HOGAN DEVELOPMENT CO., L.P.
~eaDreeze LTD, Co., Gene~ ~artner
Neill Amsler, Manager of Seabreeze LTD.. Co
COUNTY OF NUECES
This instrument was acknowledged before me on ~--~0~ / ~)'-- ,2003, by George K. Noe,
Acting City Manager of the C ty of Corpus Christi, Te~a~, a Texas hOme.rule municipal corporation, on
behalf of said corporation.
Notary Pu:I~, Stat~ of TexasV~_~TM ~v~,~,v~,-,~ ~, ~.~ ~.. _
STATE OF TEXAS ( f~.F"~,'~l~,. ~'~ I ¥ L. MOORE
Notary PuUic
~.~.~ / State of Texas
COU. OF.UEOES
This instrument was acknowledged before me on
Manager of Seabreeze LTD, Co., Genera ........ ,2003, by Neill Amsler,
Partnership, on behalf of said corporation.~ r-ar[ner or mogan ueve~opment Co., L.P., a Texas Limited
Notary Public, State of Texas
Wast~water Line Participation Agreement
Bill Witt Park
Page 2 of 2
EXHIBIT "B"
Page 1 of 2
M
C_
CD W
o_
N) 0
TABULATION OF BIDS
DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS Page 1 of 2
TABULATED BY: Urban Engineering
Date: Wednesday, April 9, 2003 Time of Completion: 60 Calendar Days ENGINEER'S ESTIMATE: $370,481.80
BILL WITT PARK WASTEWATER
King -Isles, Inc.
Jhabores Constr. Co., Inc.
Jalco, Inc.
Reese Contracting, Inc.
SERVICE EXTENSION
1641 Goldston Rd.
4645 Arlene
P. O. Box 27368
P. O. Box 8352
Corpus Christi, TX
Corpus Christi, TX
Houston, TX
Corpus Christi, TX
(City Project No. 7277
78409
78411
77227
78468
UNIT
UNIT
UNIT
UNIT
DESCRIPTION JQTY.JUNIT
PRICE
AMOUNT
PRICE
AMOUNT
PRICE
AMOUNT
PRICE
AMOUNT
1.
10" PVC (16'-18' Cut)
512
LF
95.00
$48,640.00
80.00
$40,960.00
120.00
$61,440.00
72.00
$36,864.00
2.
10" PVC (14'-16' Cut)
319
LF
90.00
$28,710.00
75.00
$23,925.00
110.00
$35,090.00
50.00
$15,950.00
3.
10" PVC (12'-14' Cut)
680
LF
80.00
$54,400.00
70.00
$47,600.00
100.00
$68,000.00
47.00
$31,960.00
4.
6" PVC (5'-8' Cut)
121
LF
20.00
$2,420.00
40.00
$4,840.00
65.00
$7,865.00
25.00
$3,025.00
5.
Well Pointing
1511
LF
1.00
$1,511.00
30.00
$45,330.00
20.00
$30,220.00
69.00
$104,259.00
6.
Bore and Case
120
LF
765.00
$91,800.00
600.00
$72,000.00
370.00
$44,400.00
600.00
$72,000.00
7.
OSHA Trench Protection
1511
LF
6.00
$9,066.00
5.00
$7,555.00
1.00
$1,511.00
2.75
$4,155.25
8.
Class "C" Embedment
1511
LF
14.00
$21,154.00
5.30
$8,008.30
10.00
$15,110.00
23.00
$34,753.00
9.
Class "D" Embedment
121
LF
3.75
$453.75
3.00
$363.00
4.00
$484.00
38.00
$4,598.00
10.
So Exterior Drop MH (12'-14')
with Ribs
1
EA
11,000.00
$11,000.00
10,000.00
$10,000.00
16,000.00
$16,000.00
24,300.00
$24,300.00
11.
5'o MH (16'-18') with Ribs
2
EA
13,500.00
$27,000.00
15,000.00
$30,000.00
17,000.00
$34,000.00
17,100.00
$34,200.00
12.
5'o MH (14'-16') with Ribs
2
EA
11,250.00
$22,500.00
14,000.00
$28,000.00
15,000.00
$30,000.00
16,450.00
$32,900.00
13.
So MH (12'-14') with Ribs
2
EA
9,750.00
$19,500.00
13,000.00
$26,000.00
13,000.00
$26,000.00
15,800.00
$31,600.00
14.
Cleanout
1
EA
400.00
$400.00
350.00
$350.00
800.00
$800.00
2,400.00
$2,400.00
15.
10" PVC Plug
1
EA
40.00
$40.00
150.00
$150.00
30.00
$30.00
1,900.00
$1,900.00
16.
8" PVC Manhole Plug
2
EA
15.00
$30.00
150.00
$300.00 *
10.00
$20.00
1,000.00
$2,000.00
17.
Pavement Repair
100
SY
55.00
$5,500.00
40.00
$4,000.00
80.00
$8,000.00
38.00
$3,800.00
18.
Silt Fence
120
LF
4.50
$540.00
2.75
$330.00
2.00
$240.00
3.50
$420.00
19.
Stabilized Construction Entranc
1
LS
900.00
$900.00
1,800.00
$1,800.00
1,100.00
$1,100.00
3,000.00
$3,000.00
20.
Rehabilitate Exist. MH with
Fiberglass Liner
1
LS
16,400.00
$16,400.00
•15,000.00
$15,000.00
10,000.00
$10,000.00
8,092.75
$8,092.75
TOTAL BASE BID
$361,964.75
$366,511.30 *
$390,310.00
$452,177.00
* Indicates error on bid proposal.
Value
shown
is correct.
BILL WITT PARK WASTEWATER
King -Isles, Inc.
Jhabores Constr. Co., Inc.
Jalco, Inc.
Reese Contracting, Inc.
SERVICE EXTENSION
1641 Goldston Rd.
4645 Arlene
P. O. Box 27368
P. O. Box 8352
Corpus Christi, TX
Corpus Christi, TX
Houston, TX
Corpus Christi, TX
(City Project No. 7277
78409
78411
77227
78468
UNIT
UNIT
UNIT
UNIT
DESCRIPTION
CITY.
UNIT
PRICE
AMOUNT
PRICE
AMOUNT
PRICE
AMOUNT
PRICE
AMOUNT
ALTERNATE
NO. ONE
A-1
5'o Exterior Drop MH (14'-16')
with Ribs
1
EA
13,000.00
$13,000.00
15,000.00
$15,000.00
18,000.00
$18,000.00
27,000.00
$27,000.00
A-2
Service Risers
18
EA
800.00
$14,400.00
500.00
$9,000.00
750.00
$13,500.00
1,200.00
$21,600.00
TOTAL ALTERNATE NO. ONE
$27,400.00
$24,000.00
$31,500.00
$48,600.00
TOTAL BASE BID + ALTERNATE
NO. 1
$389,364.75
$390,511.30
$421,810.00
$500,777.00
Page 2 of 2
YORKTOWN BLVD.
PROPOSED WASTEWATER
IMPROVEMENTS
ORDINANCE
AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO
IMPLEMENT THE PARTICIPATION AGREEMENT BETWEEN
THE CITY AND HOGAN DEVELOPMENT CO., LP., IN THE
AMOUNT OF $27,400 FOR CONSTRUCTION OF A
WASTEWATER SERVICE LINE; AND DECLARING AN
EMERGENCY
NOW THEREFORE, BElT ORDAINED BY THE ClTY COUNCIL OF THE CITY
OF CORPUS CHRISTI:
SECTION 1. That the Acting City Manager, or designee, is authorized to execute
a Wastewater Line Participation Agreement with Hogan Development Co, LP., a
Texas Limited Partnership, for construction and installation of a wastewater
service line through a residential subdivision owned by Hogan Development, in
the amount of $27,400, in connection with the Bill Witt Park Wastewater line
Extension Project #7277.
SECTION 2. That upon written request of the Mayor or five council members,
copy attached, the City Council (1) finds and declares an emergency due to the
need for immediate action necessary for the efficient and effective administration
of City affairs and (2) suspends the Charter rule that requires consideration of
and voting upon ordinances at two regular meetings so that this ordinance is
passed and shall take effect upon first reading as an emergency this the 22nd
day of April, 2003.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
APPROVED
,2003.
By:
Joseph Harney
Assistant City Attorney
For City Attorney
AN ORDINANCE
APPROPRIATING $27,400.00 FROM HOGAN DEVELOPMENT
CO., LP., IN THE NO. 3430 WASTEWATER CAPITAL
IMPROVEMENT PROGRAM FUND FOR CONSTRUCTION ON
THE BILL WITT PARK WASTEWATER SERVICE LINE
EXTENSION; AMENDING CAPITAL BUDGET ADOPTED BY
ORDINANCE NO. 025144 BY INCREASING APPROPRIATIONS
BY $27,400.00; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS:
SECTION 1. That $27,400.00 from Hogan Development Co., LP., is
appropriated in the No. 3430 Wastewater Capital Improvement Program Fund for
construction on the Bill Witt Park Wastewater Service Line Extension, Project
#7277.
SECTION 2. That the Capital Budget adopted by Ordinance No. 024144 is
amended by increasing appropriations by $27,400.00.
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 shall take effect upon first reading as an emergency this the 22nd
day of April, 2003.
ATTEST:
THE CITYOFCORPUSCHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
APPROVED ,2003.
By:
Joseph Harney
Assistant City Attorney
For City Attorney
9
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 04/22/03
AGENDAITEM:
A. Motion authorizing the City Manager or his designee to accept a grant in the
amount of $121,114 in funding from the Executive Office of the President, Office
of National Drug Control Policy, to support the Police Departments role in the
Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking
Area.
B. Ordinance appropriating $121,114 in the No. 1050 Federal/State Grants fund
from the Executive Office of the President, Office of National Drug Control Policy
to support the Police Department's role in the Texas Coastal Corridor Initiative in
the Houston High Intensity Drug Trafficking Area; and declaring an emergency.
ISSUE: The Office of National Drug Control Policy provides funding each year for the
City to participate in the Texas Coastal Corridor High Intensity Drug Trafficking Area
Initiative (HIDTA).
REQUIRED COUNCIL ACTION: Approval to appropriate funds.
PREVIOUS COUNCIL ACTION: The HIDTA grant has been operational for 7 years.
Council has appropriated funds each year for the grant.
FUNDING: There is no match required by the City.
CONCLUSION AND RECOMMENDATION: Staff recommends appropriation of funds.
P. ~,lvarez,~ Police
Attachments:
Award documents
BACKGROUND INFORMATION
The Corpus Christi Police Department is in the seventh year as a participant in the
Texas Coastal Corridor High Intensity Drug Trafficking Area Initiative created by the
Executive Office of the President, Office of National Drug Control Policy. The grant
provides for the salary and benefits of a full-time program analyst, one administrative
assistant, overtime for 4 Corpus Christi Police Officers, radio airtime/maintenance, and
lease vehicles.
The program focuses on this specific geographic area because it serves as a conduit
for narcotics into Corpus Christi and other metropolitan cities as well as a location for
money launderers to conduct illegitimate businesses with a consumer base that affects
the local population with residual crime. Other agencies participating are the Nueces
County Sheriff, Texas Department of Public Safety, Drug Enforcement Administration,
Internal Revenue Service, U. S. Customs, and the Bureau of Alcohol, Tobacco, and
Firearms. The initiative focuses on the identification and disruption of narcotics
trafficking organizations operating in the counties of Aransas, San Patricio, Refugio,
Nueces, Kleberg, Kenedy, Jim Wells, Brooks, and Victoria. It is anticipated that
shipments of narcotics through this area will be disrupted and long entrenched families
of narcotics traffickers will be apprehended. The profits from the sales of narcotics will
be identified and seized and the intelligence gathered will be downloaded and shared
with other Drug Trafficking Initiatives across the country.
Houston HIDTA
15355 Vantage Park4eayWest, Suite # 175
Houston, TX 77032
Phone: (281) 987-3488
Fax: (281) 987-3889
To: FY2003 HIDTA Funds Recipients From: CarolW'~on
Fax: Pages: , including cover
Phone: Date: 4/7/2003
The enclosed documentation includes the Standard Form 424 - Application for Federal
Assistance and the ONDC2~ Av,~ud Letter/Cooperative Agreement for FY2003 Houston
HIDTA Funds. The instructions for processing these documents has changed this 3ear. Per the
Financial Management Office of ONDCP, the appropriate signatures should be obtained
on all documentation and sent back to:
Houston HIDTA Director's Office
ATTN: Carol W'flson
15355 Vantage Parkway West
Suite # 175
Houston, TX 77032
ONDCP has requested that these documents be signed and returned within 14 days of receipt if
at all possible. This will expedite the activation of these funds.
If you have any questions, please feel free to contact me at (281) 987-3488.
Carol lye W&on
Financial Manager, Houston HIDTA
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF NATIONAL DRUG CONTROL POLICY
Washington, D.C. 20503
April 4, 2003
Chief Pete Alvarez, Jr.
Corpus Christi Police Dept.
321 John Sartain Street
Corpus Christi, TX 78403
Dear Chief Alvarez, Jr.:
We are pleased to inform you that an Award, Grant Number #I3PHNP517, has been
approved in the amount of$121,114.00. This award to the Corpus Christi Police Dept. will
support Texas Coastal Corridor Initiative initiative(s) at the Houston High Intensity Drug
Trafficking Area (HIDTA).
The original and one copy of the Award with Special Conditions are enclosed. If you
accept this award, sign both the Award and Special Conditions and return a copy to The
National HIDTA Assistance Center in Miami. Keep the original copy of the Cooperative
Agreement Award and Special Conditions for your file.
By accepting this award, you assume certain administrative and financial responsibilities
including the timely submission of all financial and Programmatic reports, resolution of all
interim audit findings, and the maintenance ora minimum level of cash-on-hand. Should
your organization not adhere to the terms and conditions of this award, it is subject to
termination for cause or other administrative action as appropriate.
If you have any questions pertaining to this grant award, please feel free to contact Phuong
DeSear at 202-395-6739.
Enclosures
Executive Office of the President AWARD
Office of National Drug Control Policy Cooperative Agreement Page 1 of 6
1. Recipient Name and Address 4. Award Number: 13PHNP517
Corpus Christi Police Dept.
321 John Sartain Street
5.Project Period: 1/1/2003 to 12/31/2003
Corpus Christi, TX 78403 Budget Period: 1/1/2003 to 12/31/2003
1A. Recipient IRS/Vendor No. 6. Date: 4/4/2003 7. Action
2. Subrecipient Name and Address 8. Supplement Number [] Initial
[] Supplemental
2A. Subrecipiant IRS/Vendor No. 9. Previous Award Amount
3. Project Title 10. Amount of This Award $121,114.00
Texas Coastal Corridor Initiative initiative(~,
11. Total Award $121,114.00
12. Special Conditions (Check, if applicable)
[--~ The above is to such conditions or limitations as are set
Cooperative
Agreement
approved
subject
forth on the attached ~ page(s).
1. Statutory Authority for Grant: Public Law 108-7
I AGENCY APPROVAL I I RECIPIENT ACCEPTANCE mmlmmm
14. Typed Name and Title of Approving ONDCP 15. Typed Name and Title of Authorized Recipient
Official Official
Kurt F. Schmid Chief Pete Alvarez, Jr.
Office of N}itional Drug Control Policy Corpus Christi Police Dept.
16. Signature of/A~roving OND~cial 17. Signature of Authorized Recipient Date
18.
Accounting Classification Code
19. HIDTA AWARD
Executive Office of the President
Office of National Drug Control Policy
1. Recipient Name and Address
Corpus Christi Police Dept.
321 John Sartain Street
Corpus Christi, TX 78403
Cooperative Agreement Page 1 of 6
4. Award Number: I3PHNP517
5.Project Period: 1/1/2003 to 12/31/2003
Budget Period: 1/1/2003 to 12/31/2003
lA. RecipiantIRS/VendorNo. 6. Date: 4/4/2003 7. Action
2. Subrecipient Name and Address 8. Supplement Number [] Initial
[] Supplemental
2A. Subrecipient IRS/Vendor No. 9. Previous Award Araount
10. Amount of This Award $121,114.00
3. Project Title
Texas Coastal Corridor Initiative initiativel
12. Special Conditions (Check, if applicable)
[ 1. Total Award $121,114.00
~]The above Cooperative Agreement is approved subject to such conditions or limitations as are set · forth on the attached ~5 page(s).
1. Statutory Authority for Grant: Public Law 108-7
AGENCY APPROVAL RECIPIENT ACCEPTANCE
14. Typed Name and Title of Approving ONDCP { l 5. Typed Name and Title of Authorized Recipient
Official Official
I Kurt F. Scinnid [ Chief Pete Alvarez, Jr.
Office of N/ltional Drug Control Policy I Corpus Christi Police Dept.
/
16. Signature of roving OND lcial [17. Signature of Authorized Recipient Date
I~ency
18. Accounting Classification Code
19. HIDTA AWARD
Office of National Drug Control Policy Attachment to Award # I3PHNP517
Page 2 of 6
Award Recipient: Corpus Christi Police Dept.
HIDTA: Houston
Initiative: Texas Coastal Corridor Initiative initiative(s)
Project Contact:
Award Amount:
12/31/2003
Mr. Start Furce
$121,114.00
Award Period: 1/1/2003 to
ONDCP Contact:
All requests for payment and inquiries should be submitted to:
The National HIDTA Assistance Center
8401 Northwest 53rd Terrace, Suite 208
Miami, Florida 33166
(305) 716-3270
A. Conditions
1. The award is based on the detail budget attached to the application submitted for
this initiative. This is your approved budget for the initiative and any deviation must
comply with the reprogramrning requirements as set forth in the ONDCP Guidelines.
B. General Provisions
This award is subject to:
a. the Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments, also known as the "Common
Rule",
the Certifications Regarding Lobbying, Debarment, Suspension and Other
Responsibility Matters; Drug-Free Workplace Requirements; Federal Debt
Status, and Nondiscrimination Statutes And Implementing Regulations.
c. the audit requirements of OMB Circular A-133,
d. the cost principles contained in OMB Circular A-87, and
e. the administrative guidelines contained in ONDCP's Financial and
Administrative Guidelines.
Office of National Drug Control Policy
2. Payment Basis
Attachment to Award #
I3PHNP517
Page 3 of 6
OMB Standard Form 270 - Request for Advance or Reimbursement" shall be used to
request payment. Copies of invoices, payroll registers, and canceled checks must
accompany the SF 270 to provide documentation for the reimbursement request. Request
for advances will be accompanied by detail specifying the obligation. Documentation of
how the advance was spent must be submitted before another advance or reimbursement
can be requested. Funding for this award is authorized to be paid on a monthly basis.
Payments will be made via Electronic Fund Transfer to the award recipient's bank account.
Recipients are therefore requested to provide the following information in Block 10 of the
SF 270: bank name, bank address, bank telephone number, point of contact at the bank,
American Bankers Association (ABA) number, and account number. This will provide the
banking information needed to make payments to the proper bank account. The bank must
be FDIC insured. It is desirable that the bank be a member of the Federal Reserve System.
The account must be interest bearing. (All payments greater than $25,000 must be made
by EFT. Recipients must request a waiver from this provision for payments less than
$25,000).
Except for interest earned on advances of funds exempt under the Intergovernmental
Cooperaction Act (31 U.S.C. 6501 et seq.) and the Indian Self-Determination Act (23
U.S.C. 450), grantees and subgrantees shall promtly, but at least quarterly, remit
interest earned on advances to ONDCP. The grantee or subgrantee may keep interest
amounts up to $100 per year for administrative purposes. (21 CFR Section 1403.21i)
3. Reporting Requirements
Financial Status Reports (OMB Standard Form 269) will be required quarterly during the
award period and at the end of the award. Performance reports will be required as
specified in the Program Guidance.
Note that the final financial reports should be cumulative for the entire award period.
Performance Reports: Due as specified in the Program Guidance.
Financial Status Reports (OMB Standard Form 269) should be submitted to Office of
National Drug Control Policy, 750 17th Street, NW, Washington DC 20503. Attn:
Phuong DeSear, Room 538. Phone: 202-395-6739, Fax: 202-395-5176.
Office of National Drug Control Policy Attachment to Award #
Special Conditions
HIDTA Cooperative Agreements
I3PHNP517
Page 4 of 6
The following special conditions are incorporated into each award document.
I. In order to provide for compatibility, integration, coordination, and cost
effectiveness in the use, procurement, and operation of ADP systems, equipment, and
software, recipients are encouraged and authorized to enter into joint purchase or service
agreements on a reimbursable or nonreimbursable bases with other HIDTA award
recipients. Award recipients are authorized and encouraged to enter into joint purchases or
service agreements with other HIDTA award recipients.
2. No federal funds shall be used to supplant state or local funds that would otherwise
be made available for project purposes.
3. The operating principles found in 28 CFR Part 23, which pertain to information
collection and management or criminal intelligence systems, shall apply to any such
systems supported by this award.
4. Prior to expenditure of confidential funds, the award recipient or subrecipient shall
sign a certification indicating that he or she has read, understands, and agrees to abide by
all of the conditions pertaining to confidential fund expenditures as set forth in Attachment
B to the ONDCP Financial and Administrative Guide for Cooperative Agreements. This
certification should be submitted to the Assistance Center.
5. The award recipient agrees to account for and use program income, including but
not limited to asset forfeitures, in accordance with the "Common Rule" and the ONDCP
Financial and Administrative Guide for Cooperative Agreements. Moreover, the use of
program income must be consistent with the National Drug Control Strategy.
6. Where furniture has been approved in the budget, the recipient will make every
effort to utilized existing State and local surplus property prior to the purchase of any
furniture, including computer furniture or items of similar nature.
7. The award recipient may not use designated aircraft assigned to HIDTA-approved
task operations and initiatives for the transport of VIP Executive(s) or similar
circumstances not relating to the goals and objectives of state and local law enforcement
programs.
8. The budget submitted with the proposal is approved.
Office of National Drug Control Policy Attachment to Award #
I3PHNPS17
Page 5 of 6
Reprogramming between budget categories within the same agency and initiative requires
the approval of the respective HIDTA Director and must be in accordance with procedures
established by the Executive Committee.
Reprogramming of funds between agencies or initiatives requires the written approval of
the ONDCP HIDTA Office, regardless of the dollar value of the reprogramming.
In all cases the recipient is responsible for maintaining detailed records of the
reprogramming activities and forwarding notification to your HIDTA Director regarding
reprogramming activities as they occur.
9. The recipient agrees to comply with the organizational audit requirements of OMB
Circular A-133, "Audits of State and Local Governments." The management letter must
be submitted with the audit report. Audits must be submitted no later than thirteen (13)
months after the close of the recipient organizations audited fiscal year. The submission of
the audit report shall be as follows:
An original and one copy shall be sent to the cognizant Federal Agency. Also, a
copy of the audit report shall be sent to Office of National Drug Control Policy,
750 17th Street, NW, Washington DC 20503. Attn: Phuong DeSear, Room
538. Phone: 202-395-6739, Fax: 202-395-5176.
10. The recipient agrees to submit operation reports as defined in the Current Year
Program Guidance.
11. Equipment acquired under the grant program must be used by the recipient in the
program or project for which it was acquired as long as needed, whether or not the project
or program continues to be supported by Federal funds. When no longer needed for the
original program, the equipment may be used in other activities supported by the Federal
agency. The recipient may dispose of the original equipment when no longer needed or
supported by the grantor agency.
Inventory lists must be supplied to the HIDTA Director to facilitate the sharing of
equipment within and between the HIDTAs. Items to be inventoried include
Communications, Computer & Related Equipment, Surveillance Equipment, Photo,
Vehicles, Video, and Weapons.
12. The recipient will be permitted to designate funds that would be matched or shared;
however, these matched or shared funds will not constitute an obligation on behalf of the
recipient.
Office of National Drug Control Policy
Attachment to Award #
I3PHNPS17
Page 6 of 6
13. Budget item submissions for equipment and other contract items are accepted as
best estimate only and are not deemed approved at that price. Recipients are required to
assure such items are not currently available, are not duplicative or excessive, and should
make market surveys and obtain the best prices available.
14. The recipient acknowledges that failure to submit an acceptable Equal Employment
Opportunity Plan (if recipient is required to submit one pursuant to 28 CFR section
42.302), that is approved by the Office of Civil Rights, is a violation of its Certified
Assurances and may result in the suspension of the drawdown of funds.
15. The recipient agrees to complete and keep on file, as appropriate, Immigration and
Naturalization Service Employment Eligibility Verification Form (I-9). This form is to be
used by recipients of federal funds to verify that persons are eligible to work in the L~nited
States.
RECIPIENT ACCEPTANCE OF SPECIAL CONDITIONS
P. Alvarez, Jr.
Typed Name
Chief of Police
(Signa2~re) ~/~'~-~
Date
Budget Detail Report
HIDTA Location: Houston
Task Force: Texas Coastal Corridor Initiative
ecipient Agency: Corpus Christi Police Department
esource Agency: Corpus Christi Police Department
Fiscal Year: 2003
Grant: I3PHNPS17
Personnel: Name
Program Analyst
Admin Assistant
Annual Time Amount
$34,000.00 1 $34,000*/'
$22,500.00 1 $22,500,/
Total Personnel: $56,500v/
Benefits: Name
Program Analyst
Admin Assistant /
Annual Time
$8,500.00 1
$5,625.00 1
Total Benefits:
Amount
$8,500,/
$5,625~
$14,125
Overtime: Position
Police Officer/Lieutenant
Police Officer/Sergeant g'
Police Officer/Sergeant ,/
Police Officer/Sergeant '/
Admin Assistant ./
Hours Rate
243.00 $39.00
279.00 $34.00
280.00 $34.00
280.00 $34.00
120.00 $15.00
Total Overtime:
Amount
$9,477~,
$9,486,/'
$9,520~'
$9,520/
$1,800,/'
$39,803'/.
Name
Lease Vehicles (4 partial) '/
Radio Airtime/Maintenance (13 radios)
Months
1
12
Rate
$7,950.00
$228.00
TotalServices:
Amount
$7,950~/'
$2,736~/
$10~686v/
Total: $121,114
Page 2 of 3
OFFICE OF NATIONAL DRUG CONTROL POLICY
FY 03 HIDTA STATE AND LOCAL INITIATIVES
INSTRUCTIONS FOR APPLICANTS
Attached are the following documents for your FY 03 funding application:
· Approved FY 03 Budget to the Corpus Christi Police Dept. for the Texas Coastal Corridor Initiative.
· ONDCP Financial and Adminstrative Guidelines.
· Application for Federal Assistance, SF-424.
· Budget Information Non-Construction Programs, SF-4244, Page 2.
(Page I will not be utilized.)
· Assurances Non-Construction Programs, SF-424B.
· Budget Information Construction Programs, SF-424C.
· Certification regarding Lobbying; Debarment, Suspension and other Responsibility Matters; Drug-Free Workplace
Requirements; Federal Debt Status, and Non-Discrimination Statutes and Implementing Regulations.
· Disclosure of Lobbying Activities.
· Purchase of Evidence/Purchase of Information Certification.
To submit a grant application for FY 03 HIDTA State and Local Initiative Funding, the following forms must be signed and returned:
· Application for Federal Assistance, SF-424.
· Budget Information Non-Construction Programs, SF-4244, Page 2.
(Page 1 will not be utilized.)
· Assurances Non-Construction Programs, SF-424B.
· Budget Information Construction Programs, SF-424C.
· Certification regarding Lobbying; Suspension and other Responsibility Matters; Drug-Free Workplace Requirements; Federal
Debt Status, and Non-Discrimination Statutes and Implementing Regulations.
· Disclosure of Lobbying Activities.
· Purchase of Evidence/Purchase of Information Certification.
Each of these documents have been completed based upon information submitted for the FY 03 initiatives. If this information is
incorrect, contact the National HIDTA Assistance Center for new forms.
These documents must be com[leted and signed in their entirety and returned with original signatures affixed before the award letter
can be initiated.
After completion, the forms should be sent to:
National HIDTA Assistance Center
8401 N.W. 53ra Terrace, Suite 208
Miami, FL 33166
(305) 716-3270 Ext. 111
ORDINANCE
APPROPRIATING $121,1141N THE NO. 1050 FEDERAUSTATE
GRANTS FUND FROM THE EXECUTIVE OFFICE OF THE
PRESIDENT, OFFICE OF NATIONAL DRUG CONTROL POLICY,
TO SUPPORT THE POLICE DEPARTMENT'S ROLE IN THE
TEXAS COASTAL CORRIDOR INITIATIVE IN THE HOUSTON
HIGH INTENSITY DRUG TRAFFICKING AREA; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That $121,114 is appropriated in the No. 1050 Federal/State Grants
fund from the Executive Office of the President, Office of National Drug Control
Policy, to support the Police Department's role in the Texas Coastal Corridor
Initiative in the Houston High Intensity Drug Trafficking Area.
SECTION 2. That upon written request of the Mayor or five Council members,
copy attached, the City Council (1) finds and declares an emergency due to the
need for immediate action necessary for the efficient and effective administration
of City affairs and (2) suspends the Charter rule that requires consideration of
and voting upon ordinances at two regular meetings so that this ordinance is
passed and takes effect upon first reading as an emergency measure this the
__. day of ,2003.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa,
City Secretary
Samuel L. Neal, Jr.
Mayor
APPROVED: April !7, 2003
Lisa Aguilar L/
Assistant City Attorney
For City Attorney
10
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 04/22/03
AGENDA ITEM: (Caption as it should appear on the agenda)
Resolution approving the submission of a grant application in the amount of $485,662 to the Texas
Automobile Theft Prevention Authority (ATPA) to continue the motor vehicle theft enforcement grant
within the Police Department for a third year.
ISSUE: The ATPA is soliciting applications for continuation grants for projects under the ATPA Fund.
REQUIRED COUNCIL ACTION: Approval to submit the grant application.
PREVIOUS COUNCIL ACTION: The City has applied and been awarded an ATPA grant for two
years.
FUNDING: Year 3 of the grant requires a 20% match by the City in the amount of $97,167. The
match may be cash, in-kind, or program income.
Law Enforcement Trust Fund $ 23,700
Program Income generated by the ATPA Grant - seized
items sold at auction or confiscated cash. $ 13,811
General Fund contribution to grants provided in FY 03/04 $ 47,168
In-kind contribution for office space and copier supplies $ 12,488
As more items are confiscated and/or sold at auction, the match from Program Income will increase
and the General Fund contribution will decrease. Subsequent grant years will remain a 20% match.
CONCLUSION AND RECOMMENDATION: Staff recommends submission of the grant application.
Attachments:
~ Grant application
BACKGROUND INFORMATION
The City of Corpus Chdsti is applying for year 3 funding from the Texas Automobile Theft Prevention
Authority (ATPA) to continue the motor vehicle theft unit in the Police Department. The ATPA was
established in 1991 due to dsing auto thefts and is funded through an annual $1 fee on every insured
vehicle in Texas charged to insurance companies who provide vehicle insurance coverage in Texas.
The Texas Comptroller of Public Accounts collects the fee.
The unit focuses not only on detection and apprehension, but also on the estimated 40 or so
salvages yards in the City and County to reduce the sale of stolen vehicles and parts. There is
an extensive public awareness campaign that is a requirement of the grant; this has included a
resurgence of the Operation HEAT program as well as other cdme prevention programs focusing
on reducing auto thefts.
The grant includes funding for a Lieutenant to supervise the Unit, two sworn CCPD officers, one
civilian GIS Specialist, one civilian Cdme Analyst, one civilian Management Assistant, and one
part-time Staff Assistant to assist with data entry of auto theft cdme information. The three
civilians conduct data analysis, cdme analysis, manage the required public awareness campaign,
and maintain all grant paperwork.
Because these funds are neither Federal nor State but from an insurance fee, there is no set
time limit for the grant to end; other grantees have been continuously funded for 10 years.
Because the insurance companies heavily support the program and the number of registered
vehicles increase each year, the amount of funds should continue to be available. The City must
reapply each year because the ATPA requires a very close review of performance and the
grantee's ability to utilize the funds efficiently.
RESOLUTION
APPROVING THE SUBMISSION OF A GRANT APPLICATION IN THE
AMOUNT OF $485,662 TO THE TEXAS AUTOMOBILE THEFT
PREVENTION AUTHORITY TO CONTINUE THE MOTOR VEHICLE
THEFT ENFORCEMENT GRANT WITHIN THE POLICE DEPARTMENT
FOR A THIRD YEAR
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION I. The City Council authorizes the submission of a grant application in the
amount of $485,662 to the Texas Automobile Theft Prevention Authority to continue the
motor vehicle theft enforcement grant within the Police Department for a third year.
Attest::
The City of Corpus Christi
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
Approved: April 14, 2003
Lisa Aguilar U
Assistant City Attorney
for City Attorney
11
AGENDA MEMORANDUM
PUBLIC HEARING: An Amendment to the
Preservation Plan
CITY COUNCIL ACTION DATE:
DATE: April 17, 2003
April 22, 2003
Amendment to the Preservation Plan, An Element of the Comprehensive Plan, by Designating
Properties located at 1008 Furman Avenue and 356 Merrill Drive as "Potential Landmarks" and by
Adding Four (4) "HC' Zoning Designations and two (2) properties that have been designated as
"Potential Landmarks" within the Preservation Plan.
Landmark Commission's Recommendation:
Plannino Commission's & Staff's Recommendatigrl:
Approval (11/14/02 & 2/26/03)
Approval (12/18/02 & 3/12/03)
Reauested Council Action: Approval of an Amendment to the Preservation Plan, An Element of the
Comprehensive Plan, by designating properties located at 1008 Furman Avenue and 356 Merrill Drive
as "Potential Landmarks" and by adding four (4) "HC" Zoning Designations and two (2) properties that
have been designated as "Potential Landmarks" within the Preservation Plan. (See Attachments A &
B)
f · The Landmark Commission is fulfilling its charge of designating, classifying,
and protecting historical elements of the City of corpus Christi, per the "HC" Historical-Cultural Overlay
District of the Zoning Ordinance and policy guidelines of the Preservation Plan, an element of the
Comprehensive Plan.
The owners of properties located at 1008 Furman Avenue and 356 Merrill Drive are requesting
designation as a "potential landmark" and listing within the appendixes of the Preservation Plan, and
four (4) "HC" designated sites are also to be included within such appendixes for codification
purposes. Designation of the historical elements as "potential landmarks" will continue the success of
preserving the city's history.
Summary: The property owners agreed, in writing, to designate and list the structure at 1008
Furman Avenue and 356 Merrill Drive as "potential landmarks" according to the Zoning Ordinance and
within the Preservation Plan. Classifying these properties as such will satisfy a requirement of the
"HC' Historical-Cultural Landmark Preservation District within the Zoning Ordinance. The requirement
allows City Council to designate properties of historical importance as "potential landmarks." A
"potential landmark is defined as:
"Any site, place, building, structure, or work of art located on a single lot or series of adjacent
lots under common ownership which as special character or aesthetic value as part of the
development, heritage, archaeological, or cultural characteristics of the city, state, or the
United States which has been designated by the City Council as a 'Potential Landmark' and is
contained in the Corpus Christi Site Survey Phase
By designating these properties as potential landmarks, the removal or demolition of such properties
through the permit process will invoke a thirty-day stay of demolition/removal, unless public health,
safety, or welfare is threatened. The 30-day stay allows for the Landmark Commission to be notified
and taken action in preserving the structure, which is part of the historical integrity of the city. The
Landmark Commission will attempt to meet with the owner(s) of the structure to provide
Agenda Memorandum - Preservation Plan
April 17, 2003
Page 2
alternatives other than demolition/removal. After meeting with the property owner and
demolition/removal is still desired, the Landmark Commission shall submit a letter to the Building
Official releasing the property from the 30-day stay. If the Landmark Commission fails to act within
the 30-day time period, the Building Official shall issue the demolition/removal permit.
The Landmark Commission completed the Corpus Christi Historical Site Survey, Phase II in 1997;
which was a precursor to "Potential Landmark" designation on properly. The Phase I! Site Survey
includes a total of 1,2:1.1 properties, whereby twenty-six (26) properties are currently listed as
"potential landmarks." These twenty-six (26) properties are excellent historical examples of Corpus
Christi architecture prior to :~948.
Four (4) sites, three (3) being churches (Netropolitan Community Church on Craig Street, South Bluff
United Methodist Church on Seventh Street, and Oak Park United Methodist Church on Oak Park
Avenue) and one (1) residential property (Graham-Grossman House on Oak Park Avenue) are
designated with the "HC" Historical-Cultural overlay district. It is recommended that such sites be
appropriately listed within the Preservation Plan for codification purposes.
unning, [AICP ~
Director of Planning ~
FGN/Iw
Attachments:
1) Memorandum from Landmark Commission
2) Response Forms for Potential Landmark Status
3) Data Sheets from Corpus Christi Historic Site Survey
4) Zoning Naps
5) Draft Ordinance
cc:
iVlargie C, Rose, Assistant City Nanager
Development Services
TO:
FROM:
DATE:
SUB3ECT:
MEMORANDUM
Planning Commission Members
Deborah Douglas, Landmark Commission Chairman
March 7, 2003
Designating 1008 Furman Avenue & 356 Merrill Drive as Potential Landmarks
At the November 14, 2002 and February 26, 2003 public hearings, the Landmark Commission
approved submitting properties located at 1008 Furman Avenue and 356 Merrill Drive, whereby such
property owners have agreed to classify their property as a "Potential Landmark" (see attached). Such
properties were included in the Corpus Christi Historical Site Survey. Classifying the properties will
satisfy a recommendation of the "HC" Historical/Cultural Landmark Preservation District within the
Zoning Ordinance. The recommendation allows City Council to designate properties of historical
importance as "potential landmarks." A "potential landmark" is defined as:
"Any site, building, structure, or work of art located on a single lot or a series of adjacent lots
under common ownership which has special character or aesthetic value as part of the
development, heritage, archaeological, or cultural characteristics of the city, state, or the
United States which has been designated by the City Council as a 'Potential Landmark' and is
contained in the Corpus Christi Site Survey Phase II."
By designating the properties as "potential landmarks," the removal or demolition of such
properties through the permit process will invoke a thirty-day stay of demolition/removal unless public
health, safety or welfare is threatened. The 30-day stay allows time for the Landmark Commission to
be notified and to take action to save the structure which is part of the historical integrity of the city.
The Landmark Commission will attempt to meet with the property owner to provide alternatives other
than demolition/removal. After meeting the property owner and demolition/removal for the property
is still desired, the Landmark Commission will submit a letter to the Building Official releasing the
property from the 30-day stay. If the Landmark Commission fails to act within the 30-day time
period, the Building Official shall issue the demolition/removal permit.
In order for the Landmark Commission to meet the challenge of protecting historical resources
of the community, the "HC" District was revised in 1990, which provided regulations in meeting the
objectives. The Landmark Commission completed the Corpus Christi Historical Site Survey, Phase I!
in 1997, which was a precursor to the "Potential Landmark designation for properties. The Phase II
Site Survey includes 1,211 properties and currently twenty-six (26) properties are listed as "Potential
Landmarks." It is the ultimate goal of the Landmark Commission to designate more properties as
"Potential Landmarks" and/or '~HC" overlay designation.
It is still the Landmark Commission's goal to create a continuous awareness in property
owners of the value of their historical elements and assist the city in helping such structures survive
Deborah Douglas, Chairman
Landmark Commission
Attachments
( H :WORO\PLN DIR\LINDA\LANDMARK\PLCOM\POTENTIAL2, MEM}
Attachment I
RESPONSE FORM
POTENTIAL LANDMARK STATUS
MAY 2002
Please mark your response below and complete the property information.
List my property as a "Potential Landmark"
DO not list my property as a "Potential Landmark"
Address of Proposed Potential Landmark! JO~) ~
Please return this form and the corrected data sheet in the self-addressed
envelope. Your assistance is greatly appreciated.
tH:\WORD\L~NOMARK~RE.~: ONSEFOR M.POTI
Attachment 2
CITY OF CORPUS CHRISTI LANDMARK COMMISSION
RESPONSE FORM FOR
"POTENTIAL LANDMARK" DESIGNATION
2003
Please mark
inf°rm~a~n'
your response below and complete the property
I hereby aqree to have my property designated as a
"Potential Landmark"
! hereby .decline to have my property designated as a
"Potential Landmark"
Name of Property Owner: /~)~
Address of Potential Landmark: ~2._.~'{.~
'TX
Completed form should be returned to the address below:
City of Corpus Christi
Department of Planning
Attention: Faryce Goode-r4acon, City Planner
P. O. Box 9277
Corpus Christi, Texas 78469-9277
RECEIVED
CI~ OF CORPus CHRISTI
tANNING ,~ND DEVELOPMENT
Attachment 2
County Nueces
Corpus Christi Historic Site Survey, Phase II, Revised 6/91
Aw 3 Si,,. No. F-052
City Corpus C"m'isd
Number 1008 Furman
Enemencio Torres, Jr.
Add~ Same as above
ongm~ Owner
Legal S harmon; Bk 1; Lt 2
~ption
UTM
Zoning Ms~ Name
70-15
Cor,.st ~,,,. 1910-1920S
Modified L-plan
~'op~'~'/Typ~ Residential
Historic Func~fion Domestic
Current Ftmcfion Domestic
S~y~dc Influence Bungaiow
NuecesCountyTa.xAcco~nt#'s R301714; 7921-0001-0020
10.Description
1 1/2-story frame with altered porch and detached garage/apartment It has south facing bays, pier & beam foundation on
concrete blocks, wood frame structural system, front gabled roof, composition shingles, exlendsd box eaves, exposed rafter
ends, gabled dormem, and two exterior brick chimneys. The two bay porch is full width with gabled roof, short battered columns
on brick pedestals, exposed rafter ends, and braces. Windows are 1/1 and 3/1 wood double hung; entry door is single,
wooden, and gl~zed.
11. Present Condition Fair
12.Signi~encc
Not shown on 1919 Sanborn. Shown in 1927 City Directory as vacant; 1935 - Gaston T. and Mackie Grant, with Rickford Drug
Store No. 1 and Wm. N. and Marguerite Newton; 1944 - Claude FL and
Relationship to Site: Move
Biblio g~phy
Nueces Count5, Appraisal
Recovd~ Sally S. Victor Daze u~,,,-~ Jun 1, 1991 ~ori~ Hi~ X
DESIGNA~ONS N~on~ Rag ~d Nafi~ Rag ~t
~C m~k~ ~t~O~ hc ~ne ~mfi~ Potential
Nafion~ Regist~ File N~e
Multiple ~r~' ~vi~
Medium Low
Attachment 3
County Nueces
City Corpu~ Christi
Name
Ntunbe~ 356 Merrill Drive
O~
McCarty, Robert L,, et ux
Addrera 356 Merrill Drive; CCTX 78408
Odg~al Owrmr
L~gal Saxet Heights 1, Bk 1, HE
De.~dptiun half of Lt 28 & Ail of Lts
Nueces County Tax Account #'s
10,Description
Corpus Christi Historic Site Survey, Phase H, Revised 6/91
6 Site No. M-029
UTIM Sectm
Zoning Map Name
69-'12
Coast date 1 937
Architect/Builfln-
Plnn~ Asymmetrical
Property/T,)l~ Realdential
Historic Function Domestic
Cunrent Ftmction Domestic
Stylistic Influence Minimal Traditional
R208443; 7749-0001-0300
2-story frame and brick residence. It has three west facing bays, concrete slab foundation, wood frame structural system, cross
gabled roof, composition shingles, and exterior brick chimney. The porch is open air, single bay, and integral. Windows are 8/8
wood double hung; door is single, wooden, and paneled. The eats/is emphasized by articulated quoins.
11. lh'esent Condition Good
12.Significance
Previous owner was Curtis A. Thomas et ux Ruby J. who sold it to D.A. Kucera et ux c. 1977. Not shown in the 1935 City
Directory; 1941 * Barton H. and Gertrude Westervelt, chief engineer Southern Alki Corp.
Relationship to Site:
Bibliography
N~eces Goum~y Appraisal DisWict files; Git¥ Dk~ctorie$.
Recorder Sal¥ S. Victor Dae updated Jun 1, 1991 Priority High ~ Medium X Low __
DESIGNATIONS National Reglnd National Reg Dist
THC maxket potential hc zone potential
National Register File Name
Multiple Property Individual
Attachment 3
2
3
5
0
2
3
CRAIG STREET
901
F
MORGAN
STREET
BUFORD sTREET
GAFFNEY
2
A-2/SP
PARCEL
5
0
Dec 5, 2002 - RP
100 200
500
R-2 Multiple Dwelling Dist.
AB Professional Office Dist.
A-1 Apartment House Dist.
A-2 Apartment House Dist.
B~I Neighborhood Business Dist.
B-4General Business Dist,
B-5 Primory Business Dist.
Attachment 4
a
+44k
yqqyayt �f 6
pp R
t!' L q l 1 1 �°.�.1 fl
.moi
p
-
..ate
w
R~I B
,.SUB
:-1
A-1
£-1
DODGI
OA
B-4
SAXET
COMMUN
B
1
LEOPARD STREET
Dec 6, 2002 - RP
0 100 200
300
R-lB One-Femily Dwelling Dist.
R-2 Multiple Dwelling Dist.
AB Professional Office Dist.
~-1 Apartment House Dist,
B-4 General Business Dist.
Attachment 4
pr�r
M h w \ ! s
•T a. � • d pe.'� ^.� � s IFF' • Y) # C
ONA
4wo ti
1 51
if, A4rr 4'" }� 8 w Irl ' ! f � !� ° • �' 1� "' ,,�'�� A �I "�
y�.���I�' a '}a " +" �y� } � �d" .d ` �F T A p • f » F " P
Ag,) x YM1�tY 1•�te4`a :i � ..' a" �a Y"��x ° � ): pa y�^$� P!f � F Vy �_� ..
7 .e
s't .TTY ,*9', �, � , 1 F s4 • - • _ .
•Mum
•J� i,FF f w11f q,hY� p fit J` ~ T
/9 f!!,
41
V 4 e
•f. F
.1•i°ï¿½='.e:. e$ �1 i A'Nvi'9':y Nr3, i �"" �r''�q—^{�- ^ v s. , �
6
7
22
B-5
2
6 1
5
7
~BAY
ELIZABETH
BOOTY ANI
4
B-5
3
6
?
22
STREET
~,L _EN,
MORGAN AVE.
BOOTY
3
5
STREET
0
Dec 6, 2002 -RP
100 200 300
AB Professional Office Dist.
A-2 Apartment House Dist.
B-1 Neighborhood Business Dist.
B-~ General Business Dist.
B-5 Primary Business Dist.
Attachment 4
k
LIT
S4,
i7
Rn
LIT
INTERSTATE HIGHWAY 37
Dec 6, 2002 - RP
0 100 200 .300
R-lB One-,C(rnily Dwelling Dist.
R-2 Multiple Dwelling Dist.
A-1Aportrnent House Dist.
B-4 Generol Business Dist.
Attachment 4
OAK PARK UNITED METHODIST CHURCH - 878 OAK PARK AVENUE
• �• m' . � � . ° Air � � A 1 � . .� . a6 * a.-
° .],/
Y w-.ell
lop— I
apip
,t F
TRfx a � ^'�wsfawDR �a.*'e,•Mw.. : ,.. ..,e+ . • ,. i A. _ .
...$u(am Y L ... � P r!'•"�d'++°wr 4..a:�. _ ' �is.:..L�� � � .�..'2 e
-1
y � 3
1 x �`A A r�• ° s e a
•
•f fr •.. y t. y0° yr• :! a- .. f � `y4 .` - to '` hl ..L f. �
• a
• a
�. = aa. _-'"#"�♦ �=i �'`w4i.. A �� ,w ^.�. .fir :E
r ,
Page I of 5
AN ORDINANCE
AMENDING THE CITY OF CORPUS CHRISTI PRESERVATION PLAN,
AN ELEMENT OFTHE COMPREHENSIVE PLAN, BY ADDING FOUR
(4)"HC"LANDMARK ZONING DESIGNATIONS AND'r~NO(2)
PROPERTIES DESIGNATED AS POTENTIAL LANDMARKS;
AMENDING THECOMPREHENSIVEPLAN;PROViDING FOR
SEVERANCE;AND PROVIDING FOR PUBLICATION.
WHEREAS, Section 28A-11.01.01 of the City's Zoning Ordinance requires that the
Preservation Plan, an element of the Comprehensive Plan, identify and catalog
buildings, structures, sites, districts, areas, lands and other objects of special
architectural, historical, archeological, or cultural value, as Landmarks or Potential
Landmarks, and include a statement of facts which verify their significance;
WHEREAS, the Planning Commission and the Landmark Commission has each
forwarded to the City Council its report recommending the designation of four (4)
Landmarks and two (2) Potential Landmarks and the proposed corresponding
amendment to the City of Corpus Christi Preservation Plan;
WHEREAS, with proper notice to the public, public hearings were held on Thursday,
November 14, 2002, during a meeting of the Landmark Commission, and on
Wednesday, March 12, 2003, dudng a meeting of the Planning Commission, and on
Tuesday ,April 22, 2003, during a meeting of the City Council, in the Council Chambers,
at City Hall, in the City of Corpus Chdsti, during which all interested persons were
allowed to appear and be heard concerning the designation of four (4) Landmarks and
two (2) Potential Landmarks and the proposed corresponding amendment to the
Preservation Plan;
WHEREAS, the City Council by ordinances adopted on Tuesday, February 11, 2003.
zoned four properties with the overlay "HC" Classification including the Metropolitan
Community Church, HC-I, Sharon Chatterton Home, HC-F, South Bluff United
Methodist Church, HC-I, and Oak Park United Methodist Church, HC-I;
WHEREAS, the property owners at 1008 Furman Avenue and 356 Merrill Drive
responded to City Staff, in writing, and agreed to list these properties as Potential
Landmarks; and
WHEREAS, the City Council has determined that the designations and this amendment
to the Preservation Plan would best serve public health, necessity, and convenience
and the general welfare of the City of Corpus Christi and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. The City of Corpus Christi Preservation Plan, an Element of the
Comprehensive Plan, is amended by adding to APPENDIX A (CATALOG OF
H:\L E G-D IR \ Doyle D. C u rtisWIY DO C S~2003\P &ZO R D03\D eve lop me n t. Pla n\P re s erva .rio n Pla n \D o yleC \DC 041703. O rd Am e nd. P res Pla n. doc
Page 2 of 5
DESIGNATED LANDMARKS) the four (4) "HC" designated Landmarks as shown in
Attachment A to this ordinance.
SECTION 2. The City
Comprehensive Plan,
LANDMARKS) two (2)
ordinance.
of Corpus Christi Preservation Plan, an Element of the
is amended by adding to APPENDIX B (POTENTIAL
Potential Landmarks as shown in Attachment B to this
SECTION 3. The properties listed in Appendix B, Catalog of Potential Landmarks, of
the City of Corpus Christi Preservation Plan are designated as Potential Landmarks and
the provisions of Section 28A-7.01 of the Zoning Ordinance apply to the demolition or
removal of each Potential Landmark or its permanent landscaping.
SECTION 4. That to the extent that the amendments made by this Ordinance represent
a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to
conform to the amendments made by this Ordinance.
SECTION 5. That the Comprehensive Plan of the City of Corpus Christi, Texas, as
amended from time to time, except as changed by this ordinance and any other
ordinances adopted on this date, remains in full force and effect.
SECTION 6. That any ordinance or part of any ordinance in conflict with this ordinance
is expressly repealed by this ordinance.
SECTION 7. The City Council intends that every section, paragraph, subdivision,
clause, phrase, word or provision hereof shall be given full force and effect for its
purpose. Therefore, if any section, paragraph, subdivision, clause, phrase, word or
provision of this ordinance is held invalid or unconstitutional by final judgment of a court
of competent jurisdiction, that judgment shall not affect any other section, paragraph,
subdivision, clause, phrase, word or provision of this ordinance.
SECTION 8. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
H:\L E G-DIR\Doyl e D. C u rtis~l Y D O C S~ 003\P &ZO R D03\Developm e nt. P la n\P re se rva .ti on PI a n~Doyle C\DC041703. O rd Am e n d. P res Pla n. doc
Page 3 of 5
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garret
That the foregoing ordinance was read for the first time and passed to its second
reading on this the 22nd day of April, 2003, by the following vote:
William Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
That the foregoing ordinance was read for the second time and passed finally on this
the 29th day of April, 2003, by the following vote:
William Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
PASSED AND APPROVED on the 29th day of April, 2003.
ATTEST:
Armando Chapa
City Secretary
~I~O~VED ~Apr, l.~103 ~
boyl& D.i~rurtis
Chief, Administrative Law Se~ion
Senior Assistant Ci~ AEorney
For Ci~ Afforney
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
H:\L E G-D IR\Doyle D. C u rtis~vlY DO C S~ 003\P &Z O R D 03\D eve I opm e n t. Pla n\P re se tva.ti on P lan\DoyleC\DC 041703. O rd Amen d. P res Pla n. doc
CATALOG OF "HC" DESIGNATED LANDMARKS
APRIL 2003
Page 4 of 5
NAME
STREET ADDRESS & LEGAL
DESCRIPTION
1315 Craig Street
OVERLAY ZONING WI"HC"
DESIGNATIN
CATALOG OF "POTENTIAL LANDMARKS"
APRIL 2003
Page 5 of 5
NAME STREET ADDRESS & LEGAL DESCRIPTION ZONING
DESIGNATION
1008 Furman Avenue
Enemencio A-1
Torres Lot 2, Bk 1, Shannon
Robert L. 356 Merrill Drive R-1B
McCarty NE half of Lot 28, all of Lots 29 & 30, & SW half of
Lot 31, Block 1, Saxet Heights I
Attachment B
L E G- D IR\Doyle D,C u rtis\M Y DOC S~2003\P &ZO R D03\Developm e nt. Pla n\P re se rva .tio n P lan\DoyleC\D C041703. O rd Am e n d, P res Pla n. doc
12
INTEROFFICE MEMO
DATE:
TO:.
FROM:
4/17/03
MAYOR LOYD NEAL AND CITY CIOUNCIL MEMBERS
MI (2~,AE L GUNNING, DIRECTOR OF PLANNING AND ASSISTANT DIRECTOR OF,.
DEVELOPMENT SERVICES
/
TABLE REZONING CASE 0203-04 - HAROLD KRONKE
THE APPLICANT IS REQUESTING THIS ITEM BE TABLED UNTIL APRIL 292003 TO ALLOW ADDITIONAL
TIME TO MEET WITH THE NEIGHBORHOOD. ON APRIL 15, 2003 CITY COUNCIL TABLED THE CASE
UNT/L APRIL 22, 2003.
FGM/LW
ATI~A(2~-IME Nq$
4/17/03
Z/Ti"/- ~ ~
AGENDA MEMORANDUM
PUBLIC HEARING - ZONING (City Council Action Date: April 15, 2003)
Case No. 0203-04~ Harold Kron!ce: A change of zoning from a "R-lB" One-family Dwelling District to
a "B-4" General Business District on Tract 1 and "R-2" Multiple Dwelling District on Tract 2. The property's
legal description is Shell Road Poultry Acres, being 2.720 acres out of Blocks 7 and 8, located between Violet
Road and Church Street and 500 feet north of Leopard Street.
Planning Commission's Recommendation (02/26/03): Tract 1 - Denial of the "B-4" District on
2.71 acres of Tract 1, and approve the "B-4" District on 1.71 acres of Tract 1. Tract 2 - Approval of the "R-2"
District on Tract 2.
Staff's Recommendation: Tract 1 - Denial of the "B-4" District on 2.71 acres of Tract 1, and approve the
"B-4" District on 1.71 acres of Tract 1. Tract 2 - Denial of the "R-2" on Tract 2.
Requested Council Action: Tract 1 - Denial of the "B-4" District on 2.71 acres of Tract 1, and approve the
"B-4" District on 1.71 acres of Tract 1. Tract 2 - Approval of the "R-2" District on Tract 2 and adoption of the
attached ordinance.
Purpose of Request: For a car wash and duplex development.
n,,~'~ary: The applicant has requested a change of zoning from a "R-lB" One-family Dwelling District to a
"B-4" General Business District on Tract 1 and a "R-2" Multiple Dwelling District on Tract 2.
The developer intends to construct a self-service car wash on the undeveloped Tract 1, comprised of 2.187 acres.
The self-service car wash is proposed as a one-story facility with 2,400 square feet and approximately eight (8) to
ten (10) bays. Impervious surface for the entire facility is projected at 30,000 square feet of concrete paving.
Frontage for Tract 1 is along Violet Road, an arterial and along Church Street, a rural residential street. However,
access for the car wash will only be permitted along Violet Road. Within Tract 1 an open ditch with a box culvert
runs diagonally through the property and serves as drainage out fall. Prior to construction, it is the responsibility of
the developer's consulting engineer to perform a hydrologic/hydraulic analysis in determining if sufficient capacity
is available in the public storm xvater drainage system to handle projected stormwater nmoff. The Noahwest Area
Development Plan recommends the subject property to develop with low-density residential uses. However, the
"B-4" General Business District could be supported for a limited area of Tract 1 due to its adjacency to Violet Road,
an arterial.
Tract 2 is a 0.533-acre area that is undeveloped and is proposed for duplex development. The developer intends to
construct two duplexes, totaling four (4) units on the subject property. Each duplex will consist of 2,400 square feet
with each unit being 1,200 square feet. Access for the duplex development will be along Church Stxeet, a rural
residential street with eighteen (18) feet of paved section. Such use will generate 25 average weekday vehicle trips.
The subject property is located in an area that the adopted Northwest Development Plan recommends to develop
with low-density residential uses based on its current "R-lB" zoning.
Agenda Memorandum
April 15, 2003
Case No. 0203-04 (Harold I~onke)
Page 2
Applicant's Position: The applicant concurs with Planning Commission's recommendation on Tracts I and 2 and
Staff's recommendation on Tract 1.
Notification: Prior to the date of this memorandum, twenty-five (25) notices were mailed to the property owners
within a 200-foot radius, of which none were returned and seven (7) were returned in opposition, totaling 33.03%
opposition. The 20% rule is in effect at the City Council hearing.
DA~vCe~opment S er vic e s
MG/FGM/er
Attachments:
1) Zoning Report
2) Comments Received
3) Ordinances
H:~PLN-DIR\ERMA\WORD~AGENDM EM\0203-03AGENDAMEMO.DOC
CITY COUNCIL
ZONING REPORT
Case No.:
Planning Commission
Hearing Date:
Map No.:
Applicant:
Legal Description/Location:
0203-04
February26,2003
LIOB
Harold Kronke
Church Street and 500 feet north of Leopard Street.
Area of Request:
Lot(s) Area:
Current Zoning:
Request:
Current Use of Property:
Purpose of Request:
Zoning Change Requested Due
to Notice of Violation:
Adiacent Zoning:
North -"B-4" General Business District
South, West- "R-lB" One-family Dwelling District
Tract 1 - 2.187 acres
Tract 2 - 0.533 acres
Total =2.720 acres
Same as above.
"R-lB" One-family Dwelling District.
"B-4" General Business District and "R-2"
Multiple Dwelling District.
Undeveloped land.
Car wash and duplex development.
Not applicable.
East (across Violet Road) -" One-family Dwelling District and "B-4" General Business District
Shell Road Poultry Acres, being 2.720 acres out of Blocks 7 and 8, located between Violet Road and
Zoning Report
Case No. 0203-04 (Harold Kronke)
Page 2
Adjacent Land Use:
North - Undeveloped
South, West - Single-family residences, church and restaurant.
East (across Violet Road) - Single-family residences and supermarket.
Number of Residential Units Allowed:
"R- 1B" - 19 units (7.26 units per platted lot)
"R-2" - 7 units (14.52 units per acre)
"B-4" - 79 units (36.30 units per acre)
Estimated Traffic Generation:
Single-family residences - 10 average weekday vehicle trip ends per dwelling unit x 19 dwelling
units -- 190 average weekday vehicle trip ends.
Duplex - 6.47 average weekday vehicle trip ends per unit x 7 units = 45 average weekday vehicle
trip ends.
Duplex - 6.47 average weekday vehicle trip ends per unit x 4 units = 25 average weekday vehicle
trip ends.
Car Wash - 22.00 average weekday vehicle trip ends per 1,000 square feet of gross floor area x
2,400 square feet of gross floor area -- 52 average weekday vehicle trip ends.
Ad,[aeent Streets/Classification:
a) Violet Road - arterial
b) Church Street - rural local
Right-of-Way Design
Current:
a) 80-foot right-of-way with a 48-foot back-to-back rural paved section.
b) 40-foot right-of-way with an 18-foot rural paved section.
Planned:
a) Same as current.
b) 50-foot right-of-way with a 28-foot back-to-back paved section.
Zoning Report
Case No. 0203-04 (Harold Kronke)
Page 3
2002 Traffic Count (24-hour~ weekday~ non-directional):
a)
b)
8,929 vehicles per day.
Not available
Zoning History of Property:
There has been no rezoning activity within the past five (5) years.
Recent Surrounding Zoning Cases:
There has been no rezoning activity surrounding the subject property within the past five- (5) years.
Planning Staff Analysis:
General Characteristics and Background: The applicant has requested a change of zoning
from a "R-1B" One-family Dwelling District to a "B-4" General Business District on Tract
1 and a "R-2" Multiple Dwelling District on Tract 2.
The developer intends to construct a self-service car wash on the undeveloped Tract 1,
comprised of 2.187 acres. The self-service car wash is proposed as a one-story facility with
2,400 square feet and approximately eight (8) to ten (10) bays. Impervious surface for the
entire facility is projected at 30,000 square feet of concrete paving. Frontage for Tract 1 is
along Violet Road, an arterial and along Church Street, a rural residential street. However,
access for the car wash will only be permitted along Violet Road. Within Tract 1 an open
ditch with a box culvert hms diagonally through the property and serves as drainage out fall.
Prior to construction, it is the responsibility of the developer's consulting engineer to
perform a hydrologic/hydraulic analysis in determining if sufficient capacity is available in
the public storm water drainage system to handle projected stormwater runoff. The
Northwest Area Development Plan recommends the subject property to develop with low-
density residential uses. However, the "B-4" General Business District could be supported
for a limited area of Tract 1 due to its adjacency to Violet Road, an arterial.
Tract 2 is a 0.533-acre area that is undeveloped and is proposed for duplex development. The
developer intends to construct two duplexes, totaling four (4) units on the subject property.
Each duplex will consist of 2,400 square feet with each unit being 1,200 square feet. Access
for the duplex development will be along Church Street, a rural residential street with
eighteen (18) feet of paved section. Such use will generate 25 average weekday vehicle trips.
The subject property is located in an area that the adopted Northwest Development Plan
recommends to develop with low-density residential uses based on its current "R-lB"
zoning.
Potential Housing Density: A "R-lB" District permits 7.26 units per acre or 19 units on the
subject property with a minimum lot size of 6,000 square feet. The requested "R-2" District
Zoning Report
Case No. 0203-04 (Harold Kronke)
Page 4
permits 14.52 units per acre or 7 duplex units on the 0.533 acre area. The requested "B-4"
District permits 36.30 dwelling units per acre or 79 units on the subject property.
Height/Bulk/Setbacks/Etc.: A "R-lB" District requires a front yard setback of 25 feet and a
side and rear yard setbacks of five (5) feet each. Building heights are limited to 35 feet and
three (3) stories in the "R-lB" District. The "R-2" District requires a front yard setback of
20 feet and side and rear yard setbacks often (10) feet each. The "B-4" District requires a
front yard setback of twenty (20) feet and no side or rear yard setbacks unless adjacent to a
residential district where a setback often (10) feet along that residential adjacency would be
required. The subject property has residential adjacency along the south property line that
will require a setback often (10) feet. There are no building height limitations in the "B-4"
District.
Traffic: The development of the subject property as a car wash would generate
approximately 52 vehicle trip ends and as a duplex 25 vehicle trip ends.
Screening: The subject property would be required to place a six (6) foot screening fence
along the south property line of the proposed "B-4" District.
Infrastructure: Within Tract 1 an open ditch with a box culvert runs diagonally through the
property and serves as drainage out fall. Prior to construction it is the responsibility of the
developer to obtain a licensed professional engineer with the state of Texas that will perform
a hydrologic/hydraulic analysis in determining if sufficient capacity is available in the public
storm water drainage system. If capacity is not sufficient then options should be developed
for the site that will not adversely impact upstream and downstream properties.
Pros: (Ideas in support of the request.)
a)
Tract 1 - A limited area of Tract 1 could be developed as business due to its adjacency to
Violet Road, an arterial.
b) Tract 2 - None
Cons: (Ideas in support of maintaining the current zoning.)
Tract 1 - A portion of the subject property adjacent to Church Street should remain
residential due to the limited paved section of Church Street.
b) Tract 2 - Due to Church Street's limited paved section single-family development should be
encouraged along this area that would generate lower traffic volumes for Tract 2.
Zoning Report
Case No. 0203-04 (Harold Kxonke)
Page 5
Staff Recommendation:
Denial of the "B-4" General Business District on 2.71 acres of Tract 1, and in lieu thereof, approval
of the "B-4" General Business District on 1.71 acres of Tract 1 per Exhibits A and B of Staff
recommendation maps.
Denial of the "R-2" Multiple Dwelling District on Tract 2.
Attachments: Zoning Opposition Map
Applicant's Request - Exhibits A, B, & C
Planning Commission's Recommendation -
Exhibits A, B, & C
Staff's Recommendation - Exhibits A & B
H :\PLN -DIR\ERM A\WORDXZON RPTS~2003\0203-04CCREPORT.DOC
2
A-I
B-4
13-4
L
.TRY
6-(::
10
5-A
8
~%
13-4
Feb 12, 2003- RP
0 100 ~_00 300
-- -- CASE Z0203 04
Subject property OP?OSITION I~iAP
Owners within 200 feet listed on ottoched ownership list
B-4
R4
B-4
8
R'--1 B
ACRES
B 4
B-4
Feb 11, 2003- RP
0 100 200 ,300
-....~-- -- CASE Z0203-0~,
R-lB One-Fm~ily Dwelling Dist.
A-1Aportrmnt House Dist.
B-4 Genelol Business Dist.
APPLICANT'S REQUEST
EXHIBIT A
2.[8~'-ACRES
PROPOSED R-2 REZONIND
r o 1 oo' 200'
~ ORN DATE ~ RICHARD KRONKE
~ JL~ 1/30/03
PROPOSED
REZONING
TRACTS
~ CHK DATE 1/30/03 ~..T~. CORPUS CHRIST~ TEXAS
30004
30004_EX_B
NOTED
APPLICANT'S REQUEST
Exhibit c
Proposed Rezoning Tracts
J200.30004
Being two tracts of land proposed for rezoning, together being all of the 2.720
acre tract described in Volume 1750, Page 936, Deed Records of Nueces County, Texas,
and being a portion of Blocks Seven (7) and Eight (8) of the Shell Road Poultry Acres
according to a map recorded in Volume 5, Page 40, Map Records of Nucces County,
Texas, and each tract being more particularly described by metes and bounds as follows:
~Yract I
Tract 1 being proposed for a B-4 rezoning and being 2.187 acres of land, more or
less, out of the aforementioned 2.720 acre tract recorded in Volume 1750, Page 936,
Deed Records of Nueces County, Texas;
. Beginning at the northeast comer of this tract, said comer also being the
northeast comer of said 2.720 acre tract and said Block 7 and said comer being on the
northwest right-of-way line of Violet Rd.;
Thence, S 44° 51' 00" W with the southeast boundary of this tract and the
northwest right-of-way line of Violet Rd., at 257.00 feet pass the southeast comer of
Block 7 and the northeast comer of Block 8, in all 382.20 feet to the southeast comer of
this tract;
Thence, N 50° 58' 00" W, 176.94 feet, to the southmost southwest comer of this
tract;
Thence, N 39° 02' 00" E, 170.00 feet, to an interior comer of this tract;
·
Thence, N 50° 58' 00" W, 103.08 feet, to the westmost southwest comer of this
tract, said comer being on the southeast right-of-way line of Church Street;
Thence, N 39° 02' 00" E with the west boundary of this tract and the east right-of-
way line of Church Street, 203.70 feet, to the northwest comer of this tract and said 2.720
acre tract, said comer being on the north line of Block 7 and the south line of Block 8;
Thence, S 52° 08' 00" E with the north line of this tract and said Block 7, 318.86
feet, to the point of beginning and containing 2.187 acres of land, more or less.
Tract 2
Tract 2 being proposed for an R-2 rezoning and being 0.533 acres of land, more
or less, out of the aforementioned 2.720 acre tract recorded in Volume.1750, Page 936,
Deed Records of Nueces County, Texas;
Beginning at the southwest comer of this tract, said comer also being the
southwest comer of said 2.720 acre tract and lying on the southeast right-of-way line of
Church Street;
Thence, N 39° 02' 00" E with the west boundary of this tract and said 2.720 acre
tract, the same being the southeast right-of-way line of Church Street, 225.00 feet, to the
northwest comer of this tract;
Thence, S 50° 58' 00" E, 103.08 feet, to the northeast comer of this tract, the same
being the interior comer of Tract 1;
EXHIBIT C
APPLICANT'S REQUEST
2
Thence, S 39° 02' 00" W with the east boundary of this tract, at 170.00 feet pass
the southmost southwest comer of Tract 1, in all 225.00 feet, to the southeast comer of
this tract and the southmost southeast comer of said 2.720 acre tract;
Thence, N 50" 58' 00" W, 103.08 feet, to the point of beginning and containing
0.533 acres of land, more or less.
EXHIBIT C CONTINUED
APPLICANT'S REQUEST
A-1
R'--1 B
B-4
B-4
L ROA[
TRY ACRES
B-4
10
m m
m m
Feb 11, 2003 - RP
0 100 200 300
CASE Z0203-04
B-4
R-lB On~.-Comily Dwelling Dist.
A-1 Aportrmnt House Dist.
~-4 G~nefal Business Dist.
PLANNING COMMISSION RECOMMENDATION
EXHIBIT A
PROPOSED REZONING TRACT
CASE NO. 0203-04
HAROLD KRONKE
Tract 1
Being 1.71 acres, more or less, out of the 2.720 acre tract described in Volume 1750, Page 936,
Deed Records of Nueces County, Texas, and being a portion of Blocks 7 and 8 of the Shell Road
Poultry Acres, shown on Plat of Record in Volume 5, Page 40, Map Records of Nueces County,
Texas, said 1.7980 acre tract being more particularly described by metes and bounds as follows:
BEGINNING at a point, the northeast comer of said 2.720 acre tract and said Block 7, for a point
on the northwest right-of-way line of Violet Road and the northeast corner of the tract herein
described;
THENCE S 44° 51' 00" W with the northwest right-of-way line of Violet Road, at 257.00 feet
pass the southeast comer of said Block 7, in all 382.20 feet to the southeast comer of this tract;
THENCE N 50° 58' 00" W, 176.94 feet, to the southwest corner of this tract;
THENCE N 39° 02' 00" E, 373.70 feet, to a point on the north line of said Block 7, for the
northwest corner of this tract;
THENCE S 52° 08' 00" E with the north line of said Block 7, 215.78 feet, more or less, to a
point on the northwest right-of-way line of Violet Road for the POINT OF BEGINNING.
H :~p LN _D iR,,E RM A\WO RD~vl & B\0203 -04 M &B DOC EXHIBIT B
PLANNING COMMISSION RECOII~IENDATIO
PROPOSED REZONING TRACT
CASE NO. 0203-04
HAROLD KRONKE
Tract 2
Being 1.01 acres, more or less, out of the 2.720 acre tract described in Volume 1750, Page 936,
Deed Records of Nueces County, Texas, and being a portion of Blocks 7 and 8 of the Shell Road
Poultry Acres, shown on Plat of Record in Volume 5, Page 40, Map Records of Nueces County,
Texas, said 1.01 acre tract being more particularly described by metes and bounds as follows;
BEGINNING at a point, the westernmost comer of said 2.72 acre tract, for a point on the
southeast right-of-way line of existing Church Street, and the west comer of the tract herein
described;
THENCE N39° 02' 00" E, along said southeast right-of-way line of Church Street, a distance of
428.70 feet, to the north comer of said 2.72 acre tract and the north comer of this tract;
THENCE S 52° 08' 00" E, along the north line of said block 7, a distance of 103.08 feet, to a
point, for the east comer of this tract;
THENCE S 39° 02' 00" W, a distance of 428.70 feet, to a point, for the south comer of this tract;
THENCE N 50° 58' 00" W, a distance of 103.08 feet, more or less, to a point on the southeast
right-of-way line of existing Church Street, for the POINT OF BEGINNING.
H:~P LN-DIR\ERMA\WO RD~vl &B\0203 -04 M &B.DOC
EXHIBIT C
PLANNING COMMISSION RECOMMENDATION
A-1
R~I B
B-4
B-4
Nm
ROA[ 'RY ACRES
10
Feb 11, 2003- RP
0 1 O0 2 O0 300
CASE Z0203-04
B-4
R-lB One--F~'nily Dwelling Dist.
A--1 Aportrmnt House Dist.
B--4 General Business Dist.
STAFF'S RECOMMENDATION
EX~TBIT A
PROPOSED KEZONING TRACT
CASE NO. 0203-04
HAROLD KRONKE
Tract I
Being 1.71 acres, more or less, out of the 2.720 acre tract described in Volume 1750, Page 936,
Deed Records of Nueces County, Texas, and being a portion of Blocks 7 and 8 of the Shell Road
Poultry Acres, shown on Plat of Record in Volume 5, Page 40, Map Records of Nueces County,
Texas, said 1.7980 acre tract being more particularly described by metes and bounds as follows:
BEGINNING at a point, the northeast comer of said 2.720 acre tract and said Block 7, for a point
on the northwest fight-of-way line of Violet Road and the northeast comer of the tract herein
described;
THENCE S 44° 51' 00" W with the northwest fight-of-way line of Violet Road, at 257.00 feet
pass the southeast comer of said Block 7, in all 382.20 feet to the southeast comer of this tract;
THENCE N 50° 58' 00" W, 176.94 feet, to the southwest comer of this tract;
THENCE N 39° 02' 00" E, 373.70 feet, to a point on the north line of said Block 7, for the
northwest comer of this tract;
THENCE S 52° 08' 00" E with the north line of said Block 7, 215.78 feet, more or less, to a
point on the northwest right-of-way line of Violet Road for the POINT OF BEGINNING.
STAFF'S RECOMMENDATION
EXHIBIT B
H:\p LN.DiR\EKMA\WORDWi&B\0203-0aM&B.DOC
· - FAVOR
X - OPPOSED
COMMENTS RECEIVED
FROM NOTICES MAILED
Case No. 0203-04
Harold Kronke
(Note: The listed numbers correspond to the attached map.)
Notices returned fi.om within the 200-foot notification area:
Favor: None.
Opposition:
3) Jack McCord, 11129 Birdwood Lane 78410
See attached letter.
4) James Lowe, 11126 Timbergrove Lane
"Too much traffic on Violet road and Timbergrove now."
11) Don and Sandy Ward, 4441 Church St.
"Street which will not support commercial traffic. Previous flooding that likely
will worsen possible additional noise issues. Loss of property value."
12) James H. Masur, 4549 Violet Road
No written comment.
17) Dan McCaskill, 4430 Church St.
No written comment.
20) Edward and Melissa Nufiez, 449 Church St.
No written comment.
21) Ed and Donna Mickley, 4457 Church St.
"We do not want a car wash right across from our yard. This is a quiet area."
Responses received from outside the 200-foot notification area:
Favor: None.
II.
Opposition: None.
Comments Received
Case No. 0203-04 (Harold Kronke)
Page 2
III.
Responses received from owners/applicants of subject area:
Favor: None.
Opposition: None.
H:~P LN -DIRGE RMA\WORD\COM M DATA\0203 -04COMM ENTS DOC
Jack McCord
11129 Birdwood Ln
Corpus Christi. Tx 78410
Planning Department
City of Corpus Christi
Corpus Christi. Tx 78469-9277
RE: OPPOSITION TO CHANGE ZONING: SHELL ROAD POULTRY ACRES, 2.72 AC.
Dear Planning Board Commissioners:
My homestead is on Lots 1 & 2 on Birdwood Lane, directly across from the property requesting
rezoning. I am strongly opposed to rezoning this property to B-4 General Business from R-lB One
Family Dwelling District. My opposition is for 4 reasons, which I refer to below.
First, the demographics of this area are not suited for B-4. The homes on this section of Violet Road are
valued at over $100,000 and there are school age children from both Calallen and Tuloso-Midway that
do distance running in this area. One track team member has already been hit in this area. Along this
Violet Road area is a high incidence of pedestrian traffic of women and children,, that frequent both the
HEB and fast food franchises on Leopard at one end and IH 37 on the other end.
Secondly, the B-4 undeveloped tract adjacent to the current request has been there for some time, with
no business interest in that undeveloped vacant land tract. The person requesting this change already
has several B-4 vacant lots and buildings in our area. Also several other vacant business lots and
buildings along Leopard street, Up River Road and McKenzie Rd in this area have shown no business
interest Recently the Bowling lanes at Callicoate Rd and IH 37 closed. The area bound by Rand Morgan
on the east and Callicoate Road on the Northwest is not in need of further B-4 zoning as witnessed by
the vacant buildings and business lots. (The Jackson Place homeowners on Violet Road were not
notified of the requested change of that adjacent tract 2 undeveloped land that was reclassified as B-4.)
Thirdly, if retail business were somehow successful on this property the vehicular traffic would strain
this very high traffic area and water, sewer, gas and storm water drainage beyond this areas current
capacity. None of these utility services are currently in place on this west section of Violet Road. I have
had storm water enter m3' home because of poor storm water drainage.
Fourth, the value of my property would be lowered by the potential of bars, so-called men's clubs and
adult video stores, such as those being currently proposed to be moved to my district by the City
Council. 1 have lived at my current address for 25 years. 1 am for business growth, but this is a bad idea.
1 have no opposition to the change to "R-2" Multiple Dwelling District for the entire tract. I
recommend Mr. Kronke amend his petition to change the entire tract to R-2. There is much need for this
type housing in our area. There are fully rented R-2 units already on Violet Road and McKenzie Road.
Sincerely RECEIVED
Jack McCord
Xc Councilmen Bill Kelly, Henry Garrett,
Brent Chesney
FEB g 4 2§lB
CiTY OF CORPUS CHRISTI
CLANNING AND BEVELOPMENT
Page 1 of 3
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY
HAROLD KRONKE, BY CHANGING THE ZONING MAP IN
REFERENCE TO 2.720 ACRES OUT OF BLOCK 7 AND 8, SHELL
ROAD POULTRY ACRES, FROM "R-tB" ONE-FAMILY DWELLING
DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT ON TRACT 1
(2.187 ACRES) AND "R-2" MULTIPLE DWELLING DISTRICT ON
TRACT 2 (0.533 ACRE); AMENDING THE COMPREHENSIVE PLAN TO
ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING
COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND
DECLARING AN EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the application of Harold Kronke for amendment to the
City of Corpus Christi Zoning Ordinance and Zoning Map;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
February 26, 2003, during a meeting of the Planning Commission, and on Tuesday,
April 15, 2003, during a meeting of the City Council, in the Council Chambers, at City
Hall, in the City of Corpus Christi, during which all interested persons were allowed to
appear and be heard; and
WHEREAS, the City Council has determined that this amendment would best serve
public health, necessity, and convenience and the general welfare of the City of Corpus
Christi and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by changing the zoning on 2.720 acres out of Blocks 7 and 8, Shell Road
Poultry Acres, located between Violet Road and Church Street and 500 feet north of
Leopard Street, from "R-1 B" One-family Dwelling District to "B-4" General Business
District on Tract 1 (2.187 acres) and "R-2" Multiple Dwelling District on Tract 2 (0.533
acre). Tracts I and 2 are shown on the attached Exhibits A and B and are described by
metes and bounds on the attached Exhibit C.
SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this
ordinance.
SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1937, as amended from time to time,
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect.
H:\LEG-DIR\JOSEPH~ZONING\0203-04ZONINGREGULARAPPDCANTREQUEST.DOC
Page 2 of 3
SECTION 4. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 6. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 7. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule as to consideration and voting upon ordinances at
two regular meetings so that this ordinance is passed upon first reading as an
emergency measure on this 15TM day of April, 2003.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED ,2003
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
Joseph Harney
Assistant City Attorney
For City Attorney
H:\LEG-DIR\JOSEPH~ZONING\0203-04ZONINGREGULARAPPLICANTREQUEST.DOC
Page 3 of 3
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 requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings. I/we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully,
Respectfully,
Samuel b Neal, Jr.
Mayor, The City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Henry Garrett
William Kelly
Rex A. Kinnison
John Longoria
Jesse Noyola
Mark Scott
H:\LEG-DIR\JOSEPH~ZONING\0203-04ZONINGREGULARAPPLICANTREQUEST.DOC
A-1
R'IB
B-4
B-4
R
L ROA[
8
.TRY ACRES
B-4
10
Feb 11, 2005- RP
0 100 200 300
-----'------ CASE Z0203-04
R-lB One--Fm~ily Dwelling Dist.
A-1 Aportrmnt House Dist,
B-4 Generol Business Dist.
APPLICANT'S REQUEST
B-4
EXHIBIT A
PROPOSED R-2 REZONING ~ ~ ~ 2.187 ACRES
~.o.~. / ~/.~ .~/
0 100' 200'
DATE 1/30/03 ~ RICHARD KRONKE
~" JLM I ~TE --- EXHIBIT B
~.~,.~ ...... PROPOSED REZONING TRACTS
1/30/03 c~ ~.. ~ ~=. CORPUS CHRISTi TEXAS
s~ goe NO 30004 ' O~W~.O .0 30004_EX_B sclc AS NOTED ] SHEET
I
APPLICANT'S REQUEST
Exhibit c
Proposed R~oning Tracts
J200.30004
Being two tracts of land proposed for rezoning, together being all of the 2.720
acre tract described in Volume 1750, Page 936, Deed Records of Nueces County, Texas,
and being a portion of Blocks Seven (7) and Eight (8) of the Shell Road Poultry Acres
according to a map recorded in Volume 5, Page 40, Map Records of Nueces County,
Texas, and each tract being room particularly described by metes and bounds as follows:
Tract I
Tract 1 being proposed for a B4 rezuning and being 2.187 acres of land, more or
less, out of the aforementioned 2.720 acre tract recorded in Volume 1750, Page 936,
Deed Records of Nueces County, Texas;
. Beginning at the northeast comer of this tract, said comer also being the
northeast comer of said 2.720 acre tract and said Block 7 and said comer being on the
northwest right-of-way line of Violet Rd.;
Thence, S 44° 51' 00" W with the southeast boundary of this tract and the
northwest fight-of-way line of Violet Rd., at 257.00 feet pass the southeast comer of
Block 7 and the northeast comer of Block 8, in all 382.20 feet to the southeast comer of
this tract;
Thence, N 50° 58' 00" W, 176.94 feet, to the southmost southwest comer of this
tract;
Thence, N 39° 02' 00" E, 170.00 feet, to an interior comer of this tract;
Thence, N 50° 58' 00" W, 103.08 feet, to the westmost southwest comer of this
tract, said comer being on the southeast fight-of-way line of Church Street;
Thence, N 39° 02' 00" E with the west boundary of this tract and the east right-of-
way line of Church Street, 203.70 feet, to the northwest comer of this tract and said 2.720
acre tract, said comer being on the north line of Block 7 and the sooth line of Block 8;
Thence, S 52° 08' 00" E with the north line of this tract and said Block 7, 318.86
feet, to the point of beginning and containing 2.187 acres of land, more or less.
Tract 2
Tract 2 being proposed for an R-2 rezoning and being 0.533 acres of land, more
or less, out of the aforementioned 2.720 acre tract recorded in Volume 1750, Page 936,
Deed Records of Nueces County, Texas;
Beginning at the southwest comer of this tract, said comer also being the
southwest comer of said 2.720 acre tract and lying on the southeast right-of-way lirie of
Church Street:
Thence, N 39° 02' 00" E with the west boundary of this tract and said 2.720 acre
tract, the same being the southeast right-of-way line of Church Street, 225.00 feet, to the
northwest comer of this tract;
The~:tce, S 50° 58' 00" E, 103.08 feet, to the northeast comer of this tract, the same
being the interior comer of Tract 1;
EXHIBIT C
APPLICANT'S REQUEST
Thence, S 39° 02' 00' W with the east boundary of th/s tract, at 170.00 feet pass
the southmost southwest comer of Tract 1, in all 225.00 fee~, to the southeast comer of
this lract and the southmost southeast comer of said 2.720 acre tract;
Thence, N 50° 58' 00" W, 103.08 feet, to the poim of beginning and comaining
0.533 acres of land, more or less.
EXHIBIT C CONTINUED
APPLICANT'S REQUEST
AN ORDINANCE
Page 1 of 3
AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY
HAROLD KRONKE, BY CHANGING THE ZONING MAP IN
REFERENCE TO 2.720 ACRES OUT OF BLOCK 7 AND 8, SHELL
ROAD POULTRY ACRES, FROM "R-lB" ONE-FAMILY DWELLING
DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT ON TRACT 1
(1.71 ACRES) AND "R-2" MULTIPLE DWELLING DISTRICT ON TRACT
2 (1.01 ACRES); AMENDING THE COMPREHENSIVE PLAN TO
ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING
COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND
DECLARING AN EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the application of Harold Kronke for amendment to the
City of Corpus Christi Zoning Ordinance and Zoning Map;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
February 26, 2003, during a meeting of the Planning Commission, and on Tuesday,
April 15, 2003, during a meeting of the City Council, in the Council Chambers, at City
Hall, in the City of Corpus Christi, during which all interested persons were allowed to
appear and be heard; and
WHEREAS, the City Council has determined that this amendment would best serve
public health, necessity, and convenience and the general welfare of the City of Corpus
Christi and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by changing the zoning on 2.720 acres out of Blocks 7 and 8, Shell Road
Poultry Acres, located between Violet Road and Church Street and 500 feet north of
Leopard Street, from "R-1 B" One-family Dwelling District to "B-4" General Business
District on Tract 1 (1.71 acres) and "R-2" Multiple Dwelling District on Tract 2 (0.533
acre). Tracts 1 and 2 are shown on the attached Exhibit A and are described by metes
and bounds on the attached Exhibits B and C.
SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this
ordinance.
SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1937, as amended from time to time,
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect.
H:\LEG-DIR~JOSEPH~ONING\0203-04ZONINGREGULAPLANNINGCOMMREC,DOC
Page 2 of 3
SECTION 4. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 6. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 7. That upon written request of the Mayor or five Council members, copy
attached, the City Council (I) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule as to consideration and voting upon ordinances at
two regular meetings so that this ordinance is passed upon first reading as an
emergency measure on this 15TM day of April, 2003.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED ,2003
Samuel L. Neai, Jr.
Mayor, The City of Corpus Christi
Joseph Harney
Assistant City Attorney
For City Attorney
H:\LEG-DIR\JOSEPH~ZONING\0203-O4ZONINGREGULAPLANNINGCOMMREC.DOC
Page $ o~ 3
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 requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings. I/we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully,
Respectfully,
Samuel L Neal, Jr.
Mayor, The City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Henry Garrett
William Kelly
Rex A. Kinnison
John Longoria
Jesse Noyola
Mark Scott
H:\LEG-DIR\JOSEPH~ONING\0203*04ZONINGREGULAPLANNINGCOMMREC.DOC
A-1
R'-I B
B-4
~ 37
B-4
Rm
.L
TRY ACRES
8
10
Feb 11, 2003- RP
100 300
CASE Z0203-04
B-4
R-lB One-rcmi ly Dwelling Dist.
A-1 Aport merit House Dist.
B-4 General Business Dist.
PLANNING COMMISSION RECOMMENDATION
EXHIBIT A
PROPOSED REZONING TRACT
CASE NO. 0203-04
HAROLD KRONICE
Tract 1
Being 1.71 acres, more or less, out of the 2.720 acre tract described in Volume 1750, Page 936,
Deed Records of Nueces County, Texas, and being a portion of Blocks 7 and 8 of the Shell Road
Poultry Acres, shown on Plat of Record in Volume 5, Page 40, Map Records of Nueces County,
Texas, said 1.7980 acre tract being more particularly described by metes and bounds as follows:
BEGINNING at a point, the northeast comer of said 2.720 acre tract and said Block 7, for a point
on the no~hwest right-of-way line of Violet Road and the northeast comer of the tract herein
described;
THENCE S 44° 51' 00" W with the northwest right-of-way line of Violet Road, at 257.00 feet
pass the southeast comer of said Block 7, in all 382.20 feet to the southeast comer of this tract;
THENCE N 50° 58' 00" W, 176.94 feet, to the southwest comer of this tract;
THENCE N 39° 02' 00" E, 373.70 feet, to a point on the north line of said Block 7, for the
northwest comer of this tract;
THENCE S 52° 08' 00" E with the north line of said Block 7, 215.78 feet, more or less, to a
point on the northwest right-of-way line of Violet Road for the POINT OF BEGINNING.
H:~PLN-DIR\ERMA\WORD~M&B\0203 -04M&B.DOC EXHIBIT B
PLANNING COMMISSION RECO~IENDATIO]
PROPOSED REZONING TRACT
CASE NO. 0203-04
HAROLD KRONKE
Tract 2
Being 1.01 acres, more or less, out of the 2.720 acre tract described in Volume 1750, Page 936,
Deed Records of Nueces County, Texas, and being a portion of Blocks 7 and 8 of the Shell Road
Poultry Acres, shown on Plat of Record in Volume 5, Page 40, Map Records of Nueees County,
Texas, said 1.01 acre tract being more particularly described by metes and bounds as follows;
BEGINNING at a point, the westernmost comer of said 2.72 acre tract, for a point on the
southeast right-of-way line of existing Church Street, and the west comer of the tract herein
described;
THENCE N39° 02' 00" E, along said southeast right-of-way line of Church Street, a distance of
428.70 feet, to the north comer of said 2.72 acre tract and the north comer of this tract;
THENCE S 52° 08' 00" E, along the north line of said block 7, a distance of 103.08 feet, to a
point, for the east comer of this tract;
THENCE S 39° 02' 00" W, a distance of 428.70 feet, to a point, for the south comer of this tract;
THENCE N 50° 58' 00" W, a distance of 103.08 feet, more or less, to a point on the southeast
right-of-way line of existing Church Street, for the POINT OF BEGINNING.
H:~P LN-DIR\ERMA\WORD~vI&B\0203-04M&B .DOC
EXHIBIT C
PLANNING COMMISSION RECOMMENDATION
Page 1 of 3
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY
HAROLD KRONKE, BY CHANGING THE ZONING MAP IN
REFERENCE TO 1.71 ACRES OUT OF BLOCK 7 AND 8, SHELL ROAD
POULTRY ACRES, FROM "R-lB" ONE-FAMILY DWELLING DISTRICT
TO "B-4" GENERAL BUSINESS DISTRICT ON TRACT 1 (1.71
ACRES); AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT
FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE
PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN
EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the application of Harold Kronke for amendment to the
City of Corpus Christi Zoning Ordinance and Zoning Map;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
February 26, 2003, during a meeting of the Planning Commission, and on Tuesday,
April 15, 2003, during a meeting of the City Council, in the Council Chambers, at City
Hall, in the City of Corpus Christi, during which all interested persons were allowed to
appear and be heard; and
WHEREAS, the City Council has determined that this amendment would best serve
public health, necessity, and convenience and the general welfare of the City of Corpus
Christi and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by changing the zoning on 1.71 acres out of Blocks 7 and 8, Shell Road
Poultry Acres, located between Violet Road and Church Street and 500 feet north of
Leopard Street, from "R-1B" One-family Dwelling District to "B-4" General Business
District on Tract 1 (1.71 acres). Tract 1 is shown on the attached Exhibit A and
described on the attached Exhibit B.
SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this
ordinance.
SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1937, as amended from time to time,
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect.
SECTION 4. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
H:\LEG-DIR\JOSEPH~ONING\0203-04ZONINGSTAFFREC.DOC
Page 2 of 3
SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 6. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 7. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule as to consideration and voting upon ordinances at
two regular meetings so that this ordinance is passed upon first reading as an
emergency measure on this 15TM day of April, 2003.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED ~,2003
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
Joseph Harney
Assistant City Attorney
For City Attorney
H:\LEG-DIR\JOSEPH~ONING\0203-04ZONINGSTAFFREC,DOC
Page 3 of 3
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 requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings. I/we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully,
Respectfully,
Samuel L Neal, Jr.
Mayor, The City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Henry Garrett
William Kelly
Rex A. Kinnison
John Longoria
Jesse Noyola
Mark Scott
H:\LEG-DIR~JOSEPH~ZONING\0203~04ZONINGSTAFFREC.DOC
A 1
R'--1 B
B-4
B-4
Rm
'RY
ACRES
10
, Feb 11, 2003- RP
0 100 ~00
~' -- CASE Z0203 04
----
B 4
R-lB One~Iru~ily Owel/ing Dist.
A-1Aportment House Dist.
B--4 General Business Dist.
STAFF'S RECOMMENDATION
FY-J~[ ]ZB T T A
PROPOSED REZONING TRACT
CASE NO. 0203-04
HAROLD KRONKE
Tract 1
Being 1.71 acres, more or less, out of the 2.720 acre tract described in Volume 1750, Page 936,
Deed Records of Nueces County, Texas, and being a portion of Blocks 7 and 8 of the Shell Road
Poultry Acres, shown on Plat of Record in Volume 5, Page 40, Map Records of Nueces County,
Texas, said 1.7980 acre tract being more particularly described by metes and bounds as follows:
BEGINNING at a point, the northeast comer of said 2.720 acre tract and said Block 7, for a point
on the northwest fight-of-way line of Violet Road and the northeast comer of the tract herein
described;
THENCE S 44° 51' 00" W with the northwest right-of-way line of Violet Road, at 257.00 feet
pass the southeast comer of said Block 7, in all 382.20 feet to the southeast comer of this tract;
THENCE N 50° 58' 00" W, 176.94 feet, to the southwest comer of this tract;
THENCE N 39° 02' 00" E, 373.70 feet, to a point on the north line of said Block 7, for the
northwest comer of this tract;
THENCE S 52° 08' 00" E with the north line of said Block 7, 215.78 feet, more or less, to a
point on the northwest right-of-way line of Violet Road for the POINT OF BEGINNING.
STAFF'S RECOMMENDATION
EXHIBIT B
H :\p LN .DIR\ERM A\WOPd)~vl&B\0203 -04M &B~DOC
13
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM: Commission for Children and Youth 2003 Master Plan
STAFF PRESENTER(S):
Name Title/Position Department
1. Dan Whitworth
2. Linda Hodge
OUTSIDE PRESENTER(S):
Name
Director
Asst. Dir. Programs
Title/Position
Park & Recreation
Park & Recreation
Orf~anization
1. Gloria Jackson Chair
2. John LaRue Member
3. Robin West President
4. Paige Dinn Member
5. Phil Rhoades Professor
Commission for
Children and Youth
Commission for
Children and Youth
Coastal Bend Alliance
for Youth
Youth Opportunities
United
TAMUCC
ISSUE: Commission for Children and Youth 2003 Master Plan Presentation
BACKGROUND: In 1994, the Mayor established the Commission for Children and
Youth. The Commission offers a comprehensive, integrated master plan which can
guide the City's policy and program creation for children, youth, and families. The first
Commission for Children and Youth Master Plan was approved in 1997. Since then
the plan has undergone revisions in 2000 and now 2003.
REQUIRED COUNCIL ACTION:
Additional Background
Exhibits
None needed.
(Department Head Signature)
(Copy of Master Plan)
Children
& Youth
Corpus Christi Commission on Children and Youth
MASTER PLAN
April 2003
Commission on Children and Youth
April 2003
Members
Barry Abels
Vicky Alexander
Rosa Balderas
Margaret Canales
Penny Grochow
Liana Gonzales
Gloria Jackson
Mary Jackson
John C. B. LaRue
Melissa Madrigal
Lauren Ranly
Drew Reining
Paula Rosenstein
Staff
Daniel L. Whitworth
Linda Hodge
"If we don't stand up for children,
then we don't stand for much."
- Marian Wright Edelman
Commission on Children and Youth
PREAMBLE
Too many children and youth in Corpus Christi live in conditions we would never wish on
any child. As identified by J. D. Hawkins and R. F. Catalano in their comprehensive strategic
planning process~, these conditions, or risk factors, are linked with behaviors such as delinquency,
violence, drug use, teen pregnancy, dropping out of school, and child maltreatment
The number of children living in poverty in Nueces County is one in three. The estimated
median household income is $31,925, with 33.3% of the population having a household
income of $19,999 or less. The per capita income for Nueces County has been
significantly lower when compared to state and national figures. Unemployment in the
county is also significantly higher than state and national levels. It appears that a majority
of local school children come from economically disadvantaged families.
Risk Factor: Extreme Economic Deprivation
In 2001, the rate of confirmed cases of child abuse in Nueces County was almost double
that of the state figure. Since 1998, the number of children living in foster homes has
nearly tripled in Nueces County compared to an increase of only .5% in the state. Texas
Department of Protective and Regulatory Services data on confirmed adult abuse victims
notes a rate per 1,000 for the State of 7.2 in 2000; for Nueces County it was 10.4. The
higher rate of adult abuse in the County mirrors that of child abuse.
Risk Factor: Family Management and Family Conflict
In 2000, 22.6% of students participating in a Youth Opportunities United (YOU) Middle
School Student Survey reported "skipping" one or more days of school. In comparison,
only 13.7% of 7th graders and 18.8% of 8th graders statewide indicated they were truant
during the previous school year. Although school attendance rates have increased steadily
in Nueces County, three of the largest school districts attendance rates fall below that of
the state. Drop out rates continue to decline in Nueces County but are still greater than
state and national rates.
Risk Factor: Early Academic Failure and Lack of Commitment to School
Adult alcohol related arrests and drug abuse violations have steadily increased in the last
three years, as has have the number of adults in alcohol and drug treatment facilities. An
alarming number of women with children used drugs during pregnancy. Data indicates the
long term effect of alcohol abuse is seen in an alarming increase in deaths due to liver
disease and cirrhosis.
Risk Factor: Parental Attitudes and Involvement in the Problem Behavior
Arrests of juveniles in the 10 to 14 age group for drug abuse violations have increased in
the county and state. A 2000 YOU Middle School Student Survey indicated that Nueces
County students begin their participation in alcohol and drug abuse at an early age, with
about 45% reporting beginning at 13 years or younger.
Risk Factor: Early Initiation of Problem Behavior
Corpus Christi's children, youth and families deserve better. They deserve to have access
to opportunities that (1) lead to healthy self-sufficiency and (2) provide support in maintaining that
capacity.
City and county governments have the unique responsibility and capability of responding
to public needs by building access to opportunities through their internal programming as well as
leadership functions. To accomplish that task, identification and communication of public needs
among the citizens, governing bodies and support sectors is paramount. A key element in
community action is a process and/or an entity that brings together public representation and
public and private resources in joint action. The Commission on Children and Youth was formed
to provide that link between public and community-based services and funding resources. Its
purpose is also to provide guidance in forming a community-wide comprehensive approach to
getting the right services to the right child and family at the right time.
There are no quick fixes. As a community we must accept that complex problems
stemming from long-term causes do not have simple, short-term solutions. We must also change
our approach from one of reacting to each problem behavior as if it were separate from the others.
We must acknowledge the intemonnections among these problems and underlying causes in order
to create an integrated focus on prevention and early intervention efforts coupled with an effective
law enforcement and restitution system. Focusing on prevention reflects a broad recognition both
of the seriousness of the risk factors contributing to the problem behaviors and of the
fragmentation and limitations of current responses. At the same time, we should aggressively
ii
intervene in the lives of children who are right now juvenile offenders, victims of maltreatment,
suffering from substance abuse, or at-risk of failing to complete their education.
Corpus Christi has made progress. Through efforts of the Commission as outlined in its
1997 Master Plan (Revised 2000) 2 and community responses such as the Youth Opportunities
United (YOU) comprehensive strategy planning process3, strides have been made in working
toward a spectrum of collaborative prevention programs while at the same time improving the
coverage and coordination of present intervention and sanctioning programs. Collaboration-
building and networking oppommities as provided by such organizations as the Coastal Bend
Alliance for Youthn continue addressing systemic support needed for these efforts. Other entities
such as the Council of Governments through its Nueces County Community Plan5 and work done
by the United Way of the Coastal Bend6 and Texas A&M University-Corpus Christi, University
Outreach,7 provide planning and funding support for local and regional responses.
YOU data8 has begun to indicate some successes:
Teen pregnancy: The rate of adolescent pregnancies in Nueces County appears to have
decreased for each year between 1995 and 2000, although the annual rate is still higher
than those for the State and nation.
Juvenile Crime/Delinquency: Juvenile property crime arrests and violent crime arrests have
steadily decreased in Nueces County. Juvenile arrests for curfew, vandalism, and
disorderly conduct have been declining since 1997.
Truancy/Drop Out: Truancy and drop out rates, while still higher than state levels, have
steadily declined over the last two years. An increase in academic achievement is seen in
both reading and math TAAS test score improvements for the last five years in Nueces
County school districts.
Collaboration/Systemic Reform: Collaborative efforts and systemic integration of services
has encouraged funding sources to support services for Nueces County youth and families.
YOU Grant Coordination efforts have leveraged over $10M in state and federal grants for
local service providers.
iii
Much of the success seen in programs directly working with children, youth and their
families comes from a growing focus on outcome based planning and improvement in systemic
linkages between agencies. We are not satisfied with numbers any longer! We want to see actual
changes in people's environment, skills, and capabilities. We also realize such changes cannot
come from the activities of one program alone. Problem behaviors of the magnitude of those in
Corpus Christi too often stem from a complex pattern of risk factors that require a comprehensive
services response. Current success has been due in part to the determination of many agencies and
organizations to collaborate in order to develop a seamless continuum of services for children,
youth and their families. We realize it is more effective to work together.
Unfortunately, much remains to be accomplished. As a Commission of the City, we need
to encourage the recognition that progress can be made when prevention, intervention and
enfomement complement, build upon, and support each other. Therefore, it is the intent of the
Commission on Children and Youth to offer in the Commission 2003 Annual Master Plan the
continuation of a comprehensive, integrated approach which can guide the City's and the
community's response to strengthening effective and accountable services for the children, youth
and families of Corpus Christi.
FUNCTIONS AND DUTIES
The Corpus Christi City Council formally established the Commission on Children and
Youth as an advisory committee on April 26, 1994. Functions and duties were ascribed to the
Commission at that time. The Commission was directed to:
1. Gather and organize information from all people and entities in order to act as a source of
information and referral on issues concerning children, youth and their families;
2. Develop and update periodically a Commission action plan for children, youth and their
families;
3. Advise the City Council on acquiring and efficiently allocating resources and services for
children, youth and their families;
4. Promote the development and strengthening of effective and accountable services for
children, youth and their families;
5. Strengthen communications and encourage collaborations between entities working with
children, youth and their families; and,
6. Serve as an advocate of local, state and federal policy benefiting children, youth and their
families to the City Council, and to others as authorized by the Council.
(Ordinance No. 21927, 1, 4-26-94)
Commission on Children and Youth
Mission and Vision Statement, Values and Principles
MISSION STATEMENT
The mission of the Corpus Christi Commission on Children and Youth
is to support a comprehensive system of services and advance policies to
meet the needs of the City's children, youth and their families.
GUIDING VALUES AND PRINCIPLES
Early in its initial planning meetings, Commission members established a set of guiding
values and principles that enabled the development of recommendations that were responsive and
relevant to community needs as well as acceptable by service providers from all service areas.
Current Commission members endorse these values and principles.
The Commission believes that:
Children and youth are a resource to be nurtured, educated, strengthened, taken seriously
as individuals, and given primary attention to their best interests for the community's
future.
Children should have the opportunity to grow up healthy, educated, safe, emotionally and
spiritually strong and economically secure.
Approaches to child maltreatment, juvenile delinquency, and lack of educational
attainment should focus on primary prevention, interventions and treatment programs with
proven effectiveness working with law enforcement and the court system.
A full comprehensive range of prevention programs should address the full complexity of
the causes of child maltreatment, juvenile delinquency, and lack of educational attainment
for prenatal through young adult age groups.
Programs must be integrated and coordinated throughout the community and with
appropriate County and State entities, non-profit organizations, health, legal, social
services, mental health, employment, law enforcement, educational professionals, religious
groups, and the business sector.
Programs should involve children and youth in their design and evaluation.
Continued Commission support should be limited to programs which can demonstrate
progress, effectiveness in resource use, and accountability.
In its continuing planning process, the Commission has identified three ongoing
problems...family conflict, juvenile crime and delinquency and inadequate educational
attainment...as needing immediate attention. A fourth issue involves the need to develop,
manage, and analyze information and programs in an effective manner. The Commission
recognizes that these issues are related to each other by cause and effect and responses to one can
have positive effects on the others. The Commission also recognizes the work done by the Youth
Opportunities United (YOU) comprehensive strategic planning process in identifying risk factors
that lead to these problems.
The Commission 2003 Master Plan partners with the YOU Comprehensive Strategy 5-20
Year Plan in that both will work to develop recommendations and determine action based on risk
factors leading to problem behaviors. It is also hoped the Commission's plan will reflect
accountability based standards for a comprehensive systemic approach to effective service
delivery. The Vision Statement adopted by the Commission in 1997 stands true today:
VISION STATEMENT
Corpus Christi and Nueces County will be a community philosophically
and f'mancially committed to the well being, education and success of
children and youth. Ali sectors of the community will work together
diligently, interacting and sharing ideas and concerns to improve the
quality of life for all citizens. Everyone will be an active participant in
promoting a safe and healthy community.
COMMISSION 2003 MASTER PLAN
GOAL I: CORPUS CHRISTI CHILDREN AND YOUTH HAVE THE OPPORTUNITY
TO GROW UP HEALTHY, SAFE, EMOTIONALLY AND SPIRITUALLY STRONG AND
ECONOMICALLY SECURE.
PROBLEM:
RISK FACTORS:
Family conflict and child maltreatment
Family management and Family conflict
Extreme economic deprivation
Parental attitudes and involvement in problem behaviors
RECOMMENDATION
I.A. The Commission believes that the development of quality parenting skills and a
comprehensive community support net is necessary to prevent child maltreatment, delinquency
and dropout..Parents are the primary role models and agents of socialization for children.
Parents must provide a safe, supportive, caring and normative environment for children if they
are to develop into law abiding, productive citizens. ,4 strong family unit stems from quality
parenting supported by a services net that is sensitive to physical, emotional and economic
stresses.
ACTION PLAN
I.A. 1. The Commission will encourage all organizations that work with children and
youth, particularly PTAs, faith based organizations, and sport organizations to establish
more family based activities as part of their programs. The Commission will encourage
these groups to collaborate toward this goal. The Commission will also encourage these
groups to teach and encourage parents to create opportunities for family activities in all
areas of their lives.
I.A.2. The Commission will establish a collaborative group of organizations that teach
parenting education classes and provide parent support groups. The Commission will
encourage the collaborative to look for and address gaps in getting parent education and
support to parents and to increase the numbers and availability of parenting classes and
support groups for parents.
I.A.3. The Commission will educate the public and encourage the development of
participation funds and scholarships for families to register children in competitive sports
and other family oriented activities.
RECOMMENDATION
I.B. Preventive and supportive medical services assist children and in developing the healthy
minds and bodies necessary to stay in school, form strong social bonds, and avoid delinquency.
The Commission encourages the improvement, expansion and coordination of preventive health
care and social services so that they are available to all children, youth and their families,
specifically immunizations, nutrition and weil-child prevention programs.
ACTION PLAN
I.B.1. Using data collected under Goal g4, the Commission will identify gaps related to the
medical and nutrition services pertaining to the health of children and youth.
I.B.2. The Commission will establish a collaborative group to address gaps in prevention
services for juvenile diabetes and other illness related to childhood obesity and poor
nutrition. The collaborative will encourage efforts to establish sports and other active
programs for children that promote good health. The collaborative will support and
monitor effective programs and efforts to prevent childhood obesity and poor nutrition and
its resulting heath consequences. The collaborative will establish a public education
program to inform the public about health problems and solutions for childhood obesity,
poor nutrition and its resulting childhood health consequences.
RECOMMENDATION
I.C. The Commission recommends increased training and monitoring of the investigation of child
maltreatment cases and the process o f joint investigation by law enforcement and child protective
services as required by the Texas Family Code (Family Code Section 264) and coordinated by the
Children's Advocacy Center. The Commission encourages efforts of the County Court at Law #5
specializing in juvenile and child protection service cases and the implementation ora plan for a
comprehensive Child Protection System for Corpus Christi.
ACTION PLAN
I.C.1. The Commission will work with the Nueces County District Attorney's Office to
establish a special prosecutor for child abuse cases.
I.C.2. The Commission will work with the Nueces County Child Protection Advisory
Committee to establish a community-wide child protection system by closing the gaps in a
continuum of services from prevention through intervention, treatment and legal services.
I.C.3. The Commission will encourage the City Council to adopt a child protection policy.
I.C.4. The Commission will support and monitor effective programs and efforts for the
prevention, intervention and treatment of child maltreatment already existing in the
community and encourage these programs to work together.
I.C.5. The Commission will encourage public education efforts to increase understanding
of child maltreatment, the need for increased identification and reporting of victims, and a
greater awareness of prevention and service programs.
I.C.6. The Commission will assist local agencies in coordinating public awareness efforts
for child abuse and anti-violence activities with state and national activities.
RECOMMENDATION
I.D. The Commission recognizes the devastating effects of teenage pregnancy on this community
both for the teen parents and their young children. The Commission encourages collaborations
that result in the establishment of a community-wide system of prevention of teenage pregnancy.
ACTION PLAN
I.D.1. The Commission will identify gaps in services available for teens and their families
addressing the prevention of teen pregnancy and teen fatherhood.
I.D.2. The Commission will establish a collaboration of entities who work with pregnant
teens and teen fathers. The collaborative will establish self esteem building and sexuality
information programs for pre-teens. The collaborative will encourage the establishment of
a series of fatherhood programs.
I.D.3. The Commission will monitor and support effective programs and efforts made
towards the prevention of teenage pregnancy and teenage fatherhood.
RECOMMENDATION
I.E. The Commission believes adult controlled, nurturing environments providing pro-
social/moral development, avoidance of victimization, and learning readiness prevent delinquency
and school dropout. Adequate, safe, affordable, quality childcare and non school hour programs
enables parents to be employed and acts as a deterrent to family conflict and juvenile
misbehaviors.
ACTION PLAN
I.E.1. The Commission will work with the Day Care Licensing Department of the
Department of Protective and Regulatory Services and its training component to encourage
the integration of learning readiness programs into present day care environments.
RECOMMENDATION
I.F. The Commission believes City projects/departments such as the Housing Authority, Operation
Weed & Seed, and City County Health Department, in partnership with community-based services
should focus efforts to improve neighborhoods and housing and reduce community isolation
through collaboration and shared resources. Unsafe physical environments, deteriorated housing,
and isolated community segments decrease neighborhood quality, pose risks of harrn to children,
and increase stresses on family life which lead to family conflict and child maltreatment.
ACTION PLAN
I.F.1 The Commission will encourage the City Council to adopt and will monitor
implementation of the Children's Impact Statement incorporated within relevant City
processes that impact children, such as CDBG grant applications, arts sub grant
applications, zoning applications, and other neighborhood development projects.
RECOMMENDATION
I.G. The Commission supports public education to create better understanding of family
management and family conflict issues, greater awareness of prevention and service programs
among families in need, stronger support for programs, and greater volunteerism. Education
efforts should include Commission efforts to inform City Council and City staff.
ACTION PLAN
I.G.1. The Commission will assist local agencies by coordinating 2003 public awareness
efforts with state and national activities.
6
GOAL II: CORPUS CHRISTI CHILDREN AND YOUTH WILL REACH ADULTHOOD
IN AN ENVIRONMENT FREE OF CRIME AND VICTIMIZATION BY EMPHASIZING
EFFECTIVE PREVENTION, INTERVENTION AND ENFORCEMENT PROGRAMS.
PROBLEM:
RISK FACTOR:
Juvenile crime and delinquency
Extreme economic deprivation
Family management and Family conflict
Lack of commitment to school
Parental attitudes and involvement in problem behaviors
RECOMMENDATION
II.A. The Commission encourages the improvement, expansion and coordination of intervention
programs. The Commission believes that children need to develop empathy for others, learn ways
to control impulses, develop problem-solving skills, and manage their anger in order to avoM
delinquency and misbehavior.
ACTION PLAN
II.A.1. The Commission will work with YOU initiatives, the Juvenile Assessment Center,
Juvenile Court, Nueces County Juvenile Probation Department and other programs in
place, encouraging the continuation of collaborations that result in the establishment and
continuation of community-wide programs for the prevention, intervention and treatment
of juvenile delinquency including legal services where necessary.
II.A.2. The Commission will establish collaboratives to create more programs such as the
Haas Middle Schools Family Life Center and all other EFFECTIVE mentoring programs
for youth.
II.A.3. The Commission will establish collaboratives to expand conflict and anger
management programs for youth.
II.A.4. The Commission will work with YOU initiatives to support and monitor all
EFFECTIVE programs and efforts to prevent juvenile crime and delinquency and its
resulting consequences.
7
RECOMMENDATION
II.B. The Commission recommends the establishment of programs for prevention, intervention
and treatment of juvenile alcohol and drug use. The Commission recognizes the devastating
effects of teenage alcohol and drug abuse.
ACTION PLAN
II.B.1 The Commission will work with YOU initiatives and the Juvenile Assessment
Center to establish an alcohol and drug detoxification facility for youth and day treatment
programs for youth.
II.B.2. The Commission will work with YOU initiatives and the Nueces County Child
Protection Advisory Committee to establish Nueces County Court at Law #5 as a Juvenile
and Family Drug Court.
II.B.3. Support efforts of Youth Continuum of Care Coalition to network prevention,
intervention and treatment services and provide a forum for the development of
collaborative programs addressing the risk factors leading to substance abuse.
RECOMMENDATION
II.C. The Commission believes a full spectrum of counseling services .for the amelioration or
prevention of the negative effects of social, economic, and family problems shouM be available to
all children and parents.
ACTION PLAN
II.C.1. The Commission will encourage the establishment of a range of programs to
prevent and intervene in situations of pre-teen and teenage battering for both batterers and
victims.
I1.C.2. The Commission will work with teen mentoring programs, groups teaching
parenting skills to parents of teenagers and the National Conference for Community Justice
(JCCJ) to establish programs to teach teens positive communication skills and empathy
and tolerance for others.
II.C.3. The Commission will encourage thc establishment of Preparation for Adult Living
Programs for Teens similar to the ones for teens in foster care called PALS for teens who
are not in foster care.
8
RECOMMENDATION
II.D. The Commission recommends an increase in the number and range of after school programs
and activities for children and youth. The Commission understands that after school time is
statistically the hours most likely for children and youths to get themselves into trouble.
ACTION PLAN
II.D.1. The Commission will encourage the City Parks and Recreation Department and
other youth service providers (YMCA, YWCA, Boys and Girls Club....) to collaborate
with faith based organizations, school districts, public libraries, Weed and Seed, mentoring
programs and other like organizations to support the development and funding of a broad
range of productive and healthy activities for children and youth. These activities should
be open year round and should include, but not be limited to, volunteer opportunities, job
training, recreation activities, and creative opportunities such as artistic endeavors for
children and youth.
GOAL III: CORPUS CHRISTI CHILDREN AND YOUTH WILL SUCCEED IN THE
ATTAINMENT OF KNOWLEDGE, SKILLS, AND CONFIDENCE NECESSARY FOR
THE PURSUIT OF ECONOMIC SELF-SUFFICIENCY IN ADULTHOOD.
PROBLEM:
RISK FACTORS:
Inadequate education attainment for self-sufficiency
Early academic failure and lack of commitment to school
Family management and Family conflict
Early initiation of problem behaviors
Parental attitudes and involvement in problem behaviors
RECOMMENDATION
III.A. The Commission believes that all students can reach their maximum potential and
recommends the use of assessment tools that determine early risk factors which could later impact
a student's commitment to school and ability to learn. Ali children need a quality education which
offers meaningful and challenging opportunities to develop necessary life and academic skills and
fosters self-confidence and personal responsibility in order to eventually become healthy
productive adults.
ACTION PLAN
III.AA. The Commission will encourage school districts to develop and use tools and
systems for early identification of each individual student's strengths and weaknesses.
III.A.2. The Commission will work with school districts and youth development
organizations to develop collaboratives that will focus on creating alternative learning
opportunities for students based on identified individual strengths/potentialities.
III.A.3. The Commission will encourage initiatives whose goals are to educate children
and their families on the importance of life-long learning and encourage them to get
excited about their potentialities for the future. (Ex: Closing the Gaps; Seamless Pipeline)
III.A.4. The Commission will encourage educational collaborations to focus on the
development of personal and social competencies that will encourage productive future
careers.
RECOMMENDATION
III.B. The Commission supports the development of mechanisms that will enable the community
to work alongside public, private and parochial schools in developing quality education systems.
The Commission recognizes public school commitment to identifying what is relevant (real-world
application-based) curriculum; developing academic standards that interface with student
10
learning and academic achievement; and implementing relevancy-based testing that will benefit
all children and encourage their capacity to learn.
ACTION PLAN
III.B.1. The Commission will assist education systems and the business sector in the
development of a mechanism that enables the community to assist in developing and
advocate for real-world expectation and relevance in standards-based curriculum.
III.B.2. The Commission will encourage school districts to develop academic standards
aimed at developing the capacity of all children to learn.
III.B.3. The Commission will assist in the development of a community and education
collaboration which will monitor the development of testing tools based in relevancy and
focusing on identifying measurable outcomes for all children.
RECOMMENDATION
III.C. Educational institutions, families and support services should work together through a
community-wide "seamless pipeline" strategy in developing initiatives supporting education for
all children from birth through high school and into job training/technology post-secondary
and/or higher education. To this end, the Commission recommends the coordination of academic
strategies and curriculums to reflect a continuum of academic opportunities and encouraging
articulation from one institution to the next. ACTION PLAN
III.C.1. The Commission encourages effective programs that focus on providing children
the opportunity to learn to read, attain and sustain their best reading level and make reading
a life-long accomplishment and enjoyment.
II1.C.2. The Commission will encourage the development of collaborations that focus on
children being technologically competent beginning in elementary school.
III.C.3. The Commission will provide opportunities for early childhood development
centers, primary and secondary schools, junior colleges, universities, and certification and
trade schools to work toward a "seamless pipeline" through workshops focusing on
systemic aligmnent and resource development.
RECOMMENDATION
III.D. The Commission believes the community must leverage and commit resources necessary to
expand and enrich educational opportunities for all students, particularly those at risk of
dropping out of school and encouraging a commitment to graduating and continuing education.
Education is a community responsibility. Parents, business and industry, social services,
government...every sector of the community has a stake in the academic success of all students.
11
ACTION PLAN
III.D.1. The Commission will encourage business and industry to participate in mentoring
students at-risk of dropping out of school and speaking to students regarding education and
professional skills needed in the world of work.
III.D.2. The Commission will work with the Chamber of Commerce to promote the
development of initiatives to recruit members of the private sector willing to allow students
to shadow for a day.
III.D.3. The Commission will encourage business and industry to provide job
opportunities for youth both during school-day work programs and after school jobs that
focus on building essential knowledge and skills and encouraging continuing academic
Success.
12
GOAL IV: COLLECTION, DISSEMINATION AND PROGRAM EVALUATION
EFFORTS WILL SUPPORT EFFECTIVE AND ACCOUNTABILITY-BASED
PROGRAMS AND COLLABORATION AMONG CHILDREN AND YOUTH SERVICE
PROVIDERS.
PROBLEM:
Uncoordinated Information and Accountability Systems
RECOMMENDATION
IV.A. The Commission acknowledges the need for continued support of information collection
and dissemination and program evaluation efforts that encourage the development and sustaining
of effective programs.
ACTION PLAN
IV.A. 1. The Commission will continue to support collaborative efforts, particularly those
of the Youth Opportunities United (YOU) Data Collection Office and the Social Research
Center at University of Texas-Corpus Christi to collect data needed to inform the
Commission and others regarding how to best utilize financial and human resources to
facilitate productive efforts.
IV.A.2. The Commission will encourage program evaluation in all fields and disciplines to
ensure that the community's responses reflect the well being of all children and youth.
IV.A.3. The Commission will develop and set in place procedures to receive scheduled
reports from Youth Opportunities United (YOU) on collected data.
RECOMMENDATION
IV.B. The Commission is committed to increased communication and collaboration between
agencies and organizations that work with children and youth.
ACTION PLAN
IV.B.1. The Commission will initiate opportunities for dialogue among United Way of the
Coastal Bend, Council of Governments, Chamber of Commerce, Workforce Development
Corporation and other entities working to develop community capacity in order to enhance
collaboration and effective use of community resources to the benefit of children, youth
and their families.
13
RECOMMENDATION
IV.C. The Commission recognizes that programs and services go unused if information about
them is not disseminated to those with needs.
ACTION PLAN
IV.C.1. The Commission will work with United Way of the Coastal Bend's INFO*LINE
service to expand and fund its referral system for services and programs associated with
this Master Plan.
IV.C.2. The Conunission will request current City and community newsletters be used to
disseminate information about services and programs associated with this Master Plan.
RECOMMENDATION
IV.D. The Commission believes it is imperative that all sectors of the community work together
collaboratively to overcome limited resources through leveraging local community dollars,
developing partnerships when applying for state and federal grants, and encouraging
volunteerism as a positive community responsibility.
ACTION PLAN
IV.D.1. The Commission will support the Youth Opportunities United (YOU) Grant
Coordination Office in its work to foster collaborative program development.
IV.D.2. The Commission will encourage volunteerism through a partnership with the
Volunteer Center of the Coastal Bend and other initiatives supporting volunteer activities.
14
PROCEDURAL ISSUES:
The Commission's grant endorsement and recommendation process will continue.
The Commission will provide written endorsement and recommendations for support to
City Council of grant applications fi.om government and non-profit entities for programs
and services consistent with the values, principles, and objectives of this plan. Grants must
successfully complete the Commission's grant endorsement procedure. Also, the
Commission will provide endorsement of programs (where grants are not sought) if such
programs are consistent with the values, principles and objectives of this plan.
The Commission's planning processes will continue.
The Commission will participate in the annual review and revision of the Commission on
Children and Youth's Master Plan. The Commission will participate in community
planning initiatives such as the Youth Opportunities United Comprehensive Strategy Plan,
Nueces County Council of Government's Community Plan, United Way of the Coastal
Bend, Workforce Development Board.
The Commission will review proposed legislation and make recommendations to the
City Council.
Thc commission will review proposed legislation submitted to it by Commissioners, City
staff, and City Council. It will, within the limits of its mission and consistent with its plan,
make recommendations to City Council concerning such legislation.
The Commission will provide information on its plans and activities to the City
Council and the public it serves.
Upon approval of this plan at a Commission meeting, it will be presented to the City
Council and released to the public. Such presentation and release will be done for each
action of the Commission and City Council as they accomplish portions of this plan.
15
2003 MASTER PLAN
CALENDAR
January Make revisions to 2003 Annual Master Plan
February Finalize Master Plan
March Approve Master Plan at March Commission meeting
April Present to City Council
May Present Master Plan to public at May Commission meeting
and at CBA¥ Membership Meeting. Election of Officers.
Following calendar will be filled in based on info received from May meeting and input from
newly elected commission members that start in June.
Dates Task Responsible Party
16
SOURCES
~ Howell, James C., & Bilchik, Shay, Editors. (June 1995). Comprehensive Strategy for Serious,
Violent, and Chronic Juvenile Offenders. Office of Juvenile Justice and Delinquency Prevention,
U. S. Department of Justice. On file at Youth Opporttmities United, 1201 N. Shoreline, Corpus
Christi, Texas 78401. 361-881-1843.
2 1997 Commission on Children & Youth Master Plan. On file at City Park & Recreation
Department, 1201 Leopard Street, Corpus Christi, Texas 78401. 361-880-3484.
3 Youth Opportunities United (YOU) Comprehensive Strategy 5-20 Year Plan. On file at Youth
Opportunities United, 1201 N. Shoreline, Corpus Christi, Texas 78401. 361-881-1843.
n Coastal Bend Alliance for Youth. For more information, call 361-886-9277 or 361-880-3484.
5 Nueces County Community Plan. On file at Council of Governments, 2910 Leopard Street,
Corpus Christi, Texas 78408, 361-883-5743.
6 United Way of the Coastal Bend. For more information, call 361-882-2529.
? Texas A&M University-Corpus Christi, Community Outreach. For more information, call 361-
825-2778.
8 Youth Opportunities United Nueces County Juvenile Risk Factor Data & TrendAnalysis, 5th
Edition, 2002. On file at Social Science Research Center, Texas A&M University-Corpus Christi,
6300 Ocean Drive, Corpus Christi, Texas 78412. 361-825-3206.
17
Commission on
Children and Youth
Council Presentation
April 22, 2003
Histo~ of SUcces~~
MISSION
The mission of the Corpus
Christi Commission on
Children and Youth is to
support a comprehensive
system of services and
advance policies to meet the
needs of the CiO,'s children,
youth and their families.
COMMISSION MEMBERSHIP
youth
FUNCTIONS AND DUTIES
· Gather and organize information about
child/youth/family issues in order to act as a
source of information and referral.
· Develop an annual community action plan for
children, youth and families.
~ Advise the City Council regarding resources for
children, youth and families.
FUNCTIONS AND DUTIES
~ Promote and foster effective services for children,
youth and families.
· Encourage and strengthen public/private
partnerships for effective communication and
services to children, youth and families.
x Serve as advocate of local, state and federal
policies benefiting children, youth and families.
Commission On
Children and Your~
Goal 1: ¢o~ Chr~fi children and
yo~ have the opPOrtun~ ~ grow up
healthy, safe, emO~nally ~.~
strong, ~ir#ual ~d ~ '..~
economically Secure. ~
Problem:
Goal
Problem:
Inadequate Educational
Attainment
'~' Purposes of
Coastal Bend
~IkndAmanc~
~y~ Alliance For Youth
Youth Opportunities Uni_=t~d
Comments:
14
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
April 22, 2003
AGENDA ITEM: Draft Transportation Improvement Program Fiscal Year 2004 - 2006
CITY STAFF PRESENTER(S):
Name
1. 'Angel R. Escobar
OUTSIDE PRESENTER(S):
Name
None
Title
Director
Title/Position
Dept/Division
Engineering Services
Organization
BACKGROUND:
The Metropolitan Planning Organization (MPO) is required to submit a Transportation
Improvement Program (TIP) every two years projecting the subsequent three years of
construction projects. The MPO consists of two committees: 1. Technical Advisory Committee (technical staff)
2. Transportation Policy Committee (elected officials)
The TIP is drafted by the Technical Advisory Committee and adopted by the Transportation
Policy Committee.
The TIP is a listing of potential street, aviation and transit improvement projects to be
funded through different categories of federal, state and matching local funds. The TIP is a
necessary step to obtaining Texas Department of Transportation and Federal Highway
Administration (FHWA) federal highway funds. These funds have been used in the past to
improve sections City streets, including Airline Road, Kostoryz Road, and McArdle Road.
TIMELINE:
April 17, 2003:
April 22, 2003:
April 29, 2003:
May 1,2003:
October 2003:
The Technical Advisory Committee met on April 17, 2003, to review
and finalize a draft FY 2004 - 2006 TIP.
Presentation of the draft FY 2004 - 2006 TIP to the City Council.
Action item presented to the City Council requesting approval of the
draft FY 2004 - 2006 TIP.
The FY 2004 - 2006 TIP is due to be submitted to the Texas
Department of Transportation in Austin, Texas.
Approval of the draft FY 2004 - 2006 TIP by the Texas Department of
Transportation and Federal Highway Administration.
The City's needs for street improvements are numerous. A prioritized list of future street
needs is attached as Exhibit A for review and consideration.
Director of Engineering Services
Attachments:
Exhibit "A" Future Street Needs Map
15
AGENDA MEMORANDUM
PRESENTATION
April 22, 2003
AGENDA ITEM: Padre Island Desalination Plant- Feasibility Analysis and Siting Plan
Project Status Update
CITY STAFF PRESENTER(S):
Name Title
1. 'Angel R. Escobar Director
Dept/Division
Engineering Services
OUTSIDE PRESENTER(S):
Name
1. John S. Heckler, P.E.
2. Jonathan B. Howard, P.E.
Title/Position
Partner
Project Manager
Organization
Carollo Engineers
Carollo Engineers
ISSUE: Potable water service on Padre Island will be improved by the addition of
desalination and storage facilities to meet the increasing water demands of this
service area. This briefing serves as an update to the City Council and provides a
status report and initial findings of the Padre Island Desalination Project Feasibility
Analysis and Siting Plan (Project No. 8423). Final Assessment Phase findings and
recommendations will be presented to Council during the June 2003 timeframe.
BACKGROUND: The City of Corpus Christi supplies drinking water used on Padre and
Mustang Islands, delivered by an existing 24-inch pipeline crossing the Laguna Madre.
Current water usage on North Padre and Mustang Islands is approximately 3 million
gallons daily (mgd), which is approaching the capacity of the existing facilities. Future
growth on the Islands is expected to increase demand. This project has two primary
objectives: to improve water service for the Islands in the near term; and to provide a
longer-term water system to support projected demand increases. To meet these
objectives, the City is pursuing desalination treatment and storage facilities to be located
on Padre Island.
/
'~ngel R. EscoDar, P.E.
Director of Engineering Services
Attachments:
Exhibit"A" Project Description
Exhibit "B" Project Status Briefing
Exhibit "C" Project Presentation
Padre Island Desalination Project
Feasibility Analysis and Siting Plan (Project No. 8423)
Presentation to City Council - April 22, 2003
Exhibit "A" - Project Description
PRIOR COUNCIL ACTION:
1. December 17, 2002 - Approval of the Fiscal Year 2002-03 Capital Improvement Budget for
$299,913,200 (Ordinance No. 025144).
2. December 171 2002 - Execution of Engineering Services Contract for Assessment
Phase of Padre Island Desalination Project (Project No. 8423)
PRIOR ADMINISTRATIVE ACTION:
1. September 17, 2001 - Distribution of Request for Proposals (RFP) No. 2001-07 (Padre
Island Desalination Plant Feasibility Analysis and Siting Plant) to 136 engineering firms
(47 local and 89 out-of-town).
2. October 22, 2001 - Addendum No. 1 to the Request For Proposals (RFP) No. 2001-07
(Padre Island Desalination Plant Feasibility Analysis and Siting Plant) to 136 engineering
firms (47 local and 89 out-of-town).
FUTURE COUNCIL ACTION:
1. NE Amendments for future design/construction services; and
2. Construction contracts to complete production facility as required.
PROJECT DESCRIPTION:
The City of Corpus Christi, via City Council action on December 17, 2002, retained the
Carollo Engineers team to prepare a Feasibility Analysis and Siting Plan for a proposed
desalination facility to be located on Padre or Mustang Islands (Project No. 8423). The
objectives of the project were to:
· Improve the reliability of water supplies to Padre and Mustang Islands, by resolving
service pressure problems in the short term;
· Demonstrate the viability of treating either brackish groundwater or Gulf of Mexico
water as a new supply source in order to supplement existing water service to North
Padre and Mustang Islands
· Allow possible deferments of other water supply projects for this service area;
· Meet the City's schedule for reliability improvements by the end of 2005; and
· Provide cost-effective solutions while meeting the project schedule.
EXHIBIT "A"
Page 1 of 3
To accomplish these goals, the Padre Island Desalination Project is being executed in three
phases:
Assessment Phase (currently underway). The assessment phase includes
assessment of technical, regulatory, and other issues associated with the project,
and will include preliminary recommendations regarding project configuration,
preliminary construction cost estimates, etc. This portion of the work will be complete
by June 2003.
Demonstration Phase (Not authorized). The demonstration phase includes design
and construction of a demonstration project following concurrence and acceptance of
the findings and recommendations of the Assessment Phase. The demonstration
phase is anticipated to include a reverse osmosis (RO) plant, recommended storage,
and connection to the City's water distribution system. The demonstration phase will
provide the City and regulatory agencies with initial operating information and will
achieve the near-term project objective of resolving water pressure issues in the
service area.
Full Production Phase (Not Authorized). Following completion of the demonstration
phase of the project, design and construction of planned larger capacity facilities will
be undertaken to meet the future needs of the service area.
In order to improve the water supply to Padre and Mustang Islands by the end of 2005, the
project needs to proceed into the demonstration phase as eady as possible. To realize this
goal, the Assessment Phase will proceed simultaneously in parallel paths including:
· Hydrogeology Assessment;
· Treatability Assessment;
· Reverse Osmosis (RO);
· By-Product Disposal Assessment;
· Facilities Siting Assessment;
· Storage Alternatives Assessment;
· Regulatory and Permitting Assessment; and
· Public Involvement Activities
This podion of the work is scheduled to be complete by June 2003.
Regulatory agency approval will be essential to the timing of this Project. Dividing this
project into the three stages of Preliminary Assessment, Demonstration Project, and Full
Production Project is in direct response to gaining regulatory acceptance while still improving
water service to the Islands. The planned staging and phasing will maximize project
feasibility evaluation, while minimizing expense.
EXHIBIT "A"
Page 2 of 3
PROJECT DELIVERABLES:
This project will include the development of a Final Report of the Engineering and Permitting
Assessment, detailing the steps required for the permitting, treatment selection, and storage
options to provide additional water resources for Padre and Mustang Islands. Regular
updates will be provided to Council on a quarterly basis throughout the Project. The final
Assessment results and recommendations are scheduled to be presented to Council in the
June 2003 timeframe.
Upon completion and approval of the Assessment Phase findings, the NE consultant will
proceed to Stage I of Phase 2, to complete design, bid and construction documents for the
Demonstration Project. Completion target date for the Demonstration Project is December
2005. At that time, deliverables for the project will include:
· Production of Drinking-QualityWater;
· Reverse Osmosis Pilot Plant;
· Demonstration Storage Alternatives; and,
· Connection to the distribution system.
Upon approval of the Demonstration Phase, the next step of the Project will be the design
and construction of the Full Production Project anticipated to be complete by December
2006.
EXHIBIT "A"
Page 3 of 3
Padre Island Desalination Project
Feasibility Analysis and Siting Plan (Project No. 8423)
Exhibit "B" - Project Status Briefing
This document serves as a supplement to the Apd122, 2003 City Council Briefing, and presents
an update on the status of the ongoing Padre Island Desalination Project Engineering and
Permitting Assessment. An updated project schedule is attached as Exhibit "C". The final
Assessment Phase results and recommendations are scheduled for presentation to Council in
the June 2003 timeframe.
The Carolio Engineers Team is approximately 60 percent complete with the Assessment Phase.
Internal drafts of the treatability, regulatory, concentrate disposal, hydrogeology, alternative
storage, public involvement, and alternative assessment chapters have been prepared and are
under review by the project team. The following sections provide a summary of the preliminary
findings and recommendations.
HYDROGEOLOGY AND SOURCE WATER OPTIONS:
· The Team has a better understanding of the hydrogeology of the Gulf Coast aquifer system
underlying North Padre Island, particularly the Evangeline and the Chicot Aquifers.
· Development of the Evangeline and the Chicot aquifers as new sources for drinking water
production appears feasible.
· Subsidence may be an issue unless extraction facilities are properly designed and sited.
· Chicot Aquifer (Approximate depth of 40-1200 ft):
o Total Dissolved Solids (TDS) are within the anticipated range of salinity.
o TDS values are such that Reverse Osmosis is the appropriate treatment
technology.
Preliminary analyses indicate that costs for a conventional vertical well field
designed to mitigate potential subsidence concerns, with the requisite production
capacity may approach $15,000,000. Extraction of brackish water from the
Chicot aquifer using vertical wells does not appear feasible, considering land
requirements, siting difficulties and cost.
Horizontal directionaliy-drilled (HDD) wells may be feasible as a means to reduce
potential subsidence-related issues, at possibly reduced costs compared with
vertical wells. Further evaluation is recommended to verify that HDD wells are
technically feasible and cost effective.
EXHIBIT "B"
Page 1 of 5
· Evan.qe ne Aquifer (Approximate depth of 1200-3400 ft):
o Total Dissolved Solids (TDS) are higher than the anticipated range of salinity.
o While the TDS range is still appropriate for treatment by Re, treatment costs will
be higher.
Preliminary analyses indicate that costs for a conventional vertical well field
designed to mitigate potential subsidence concerns with the requisite production
capacity may approach $22,000,000. Extraction of brackish water from the
Evangeline aquifer using vertical wells does net appear feasible, considering
land requirements, siting difficulties and cost.
o Because of the Evangeline aquifer's geology and depth, HDD well technology is
not feasible for this application.
Gulf of Mexico:
Considering that the TDS levels of the Evangeline aquifer approach the salinity
level of seawater, the Gulf of Mexico was evaluated as an alternative water
source.
Beach wells (either horizontal or vertical configuration) or open intakes both
appear feasible for delivering Gulf of Mexico water to the proposed Re facility.
Direct intakes, while technically feasible, are likely more costly compared with
beach wells. Open intakes are also environmentally problematic.
Cost for an intake system of shallow vertical beach wells would approach $7
million, including feed water transmission piping.
HDD wells appear feasible in this application, and may offer some cost
advantages over shallow vertical beach wells. The primary advantage of HDD
wells is that fewer wells are required and these wells can likely be sited closer to
the Re plant, decreasing the cost of feed water transmission piping.
Collector wells (another horizontal type of well) are also feasible in this
application, but have not been evaluated in detail for this assessment. If
seawater Re appears to be the most favorable project, we recommend that a
collector well alternative be evaluated as the project moves forward.
EXHIBIT "B"
Page 2 of 5
REVERSE OSMOSIS (RO) TREATABILITY:
· The shallow Chicot Aquifer is the preferred raw water source, as water from the Chicot is of
better quality (lower dissolved solids) than the Evangeline Aquifer.
· The deeper and more saline Evangeline Aquifer will require cooling to increase RO
performance.
Seawater from the Gulf of Mexico is treatable using available RO technology. Cost for
treatment of Gulf seawater is similar in cost to the Evangeline, but at increased cost
compared to water from the Chicot.
BY-PRODUCT DISPOSAL:
Disposal via deep well injection (3,500 to greater than 6,000 ft) or via outfall to Gulf of
Mexico (2 to 3 miles offshore) appear to be technically feasible. Work is ongoing to
determine which of these two alternatives is more economical.
· While technically feasible, by-product disposal via thermal processes or freeze concentration
appears to be cost-prohibitive compared with deep well injection or ocean ouffall.
· Evaporation ponds, while also technically feasible, require very large land areas, and are
likely infeasible from siting and land availability standpoints.
· Disposal to the Laguna Madre or to Corpus Chdsti Bay is technically feasible but
environmentally problematic.
REGULATORY AND PERMITTING ASSESSMENT:
· A properly designed and operated facility can be permitted.
· Project permitting, because of the RO by-product disposal, will likely require 13-15 months
for completion, assuming no major opposition.
STORAGE AS A SYSTEM OPTIMIZER:
Aquifer Storage and Recovery (ASR) is a technology used to store treated water in
underlying aquifers for future use. It is a storage method included in the Texas regional
water plans and is used in many other states as well as Texas.
ASR appears technically feasible based on preliminary hydrogeologic analysis, and could be
used to cost-effectively address the water needs of the North Padre and Mustang Islands
service area.
ASR could reduce the initial design capacity and investment in RO facilities or other
improvements. Use of ASR could reduce the size of RO facilities by half and still meet peak
demand.
EXHIBIT "B"
Page 3 of 5
· It is recommended that ASR test wells be implemented for further local evaluation of the
ASR concept.
FACILITY SITING/TRANSMISSION SYSTEM ASSESSMENT:
· Preliminary investigations indicate that further modifications to the existing booster pumping
station may provide additional near-term improvements to the water system.
· Six locations have been identified as potential sites for the desalination facility. These sites
include (in no particular order):
In the vicinity of the Nueces County Water Control and Improvement District No.4
Pumping Station and Mustang Island State Park,
The Padre Island Pumping Station,
In the vicinity of the Nueces County Packery Channel Park,
City lease Texas General Land Office (TGLO) land north of Packery Channel,
In the vicinity of the Nueces County Park No.1 at Bob Hall Pier, and
Whitecap wastewater treatment plant (WWTP)
· The sites at Whitecap WWTP and Bob Hall Pier have been eliminated.
· Transmission system configurations are currently being developed considering the identified
potential facilities sites and alternative feed water sources.
PUBLIC INVOLVEMENT:
Interviews have been conducted with more than 20 community members and groups. Some of
the comments expressed to date include:
· Water availability for growth and sufficient pressure
· Effects of new facilities on groundwater depletion
· Potential to increase salinity of existing private wells
· By-product disposal and its potential impacts
· Subsidence resulting from groundwater extraction
· Project cost as compared to other alternatives
· Siting of the new facilities with regard to the environment, property values, quality of life, and
aesthetics
· Concerns regarding the feasibility of ASR
EXHIBIT "B" ]
Page 4 of 5
PROJECT FUNDING AND DELIVERY:
Carollo has preliminarily identified potential funding sources and is proceeding with
assembling this information for inclusion into the Final Report of the Engineering and
Permitting Assessment.
Carollo has preliminarily identified potential alternative project delivery approaches, including
several public-private partnerships. Some of these approaches may need review by legal
counsel to determine whether these approaches are legally feasible. Carollo has provided a
preliminary overview of these alternative project delivery approaches to the City for review by
the City's legal counsel.
EXHIBIT "B"
Page 5 of 5
I
�&- I � reaswility Anavp'
Y
:i�r"r:"-r-r'
r, r7 rrr, r-rrr
'AN
- In Association with:
ASR Systems, Inc.
LBG-Guyton Associates
' Smith, Russo, and Mercer
'{ °"" °'""° Olivarri & Associates
Shiner Moseley and Associates, Inc.
Project objectives
♦ Improve reliability of water supplies to Padre
and Mustang Islands
♦ Provide additional capacity to the Islands
♦ Provide cost-effective solutions
♦ Meet City's schedule for improvements
141
Padre Island Feasibility Analysis and Siting Plan
Presentation to the City Council April 22, 2003
Agenda
♦ Review of status on task -by -task basis
♦ Discussion of project components
♦ Identify potential issues
♦ Work remaining
♦ Review project schedule
♦ Questions
Padre Island Feasibility Analysis and Siting Plan
Presentation to the City Council April 22, 2003
Tasks
♦ Hydrogeology and Source Water Options
♦ Reverse Osmosis (RO) Treatability
♦ By -Product Disposal
♦ Regulatory and Permitting Assessment
♦ Storage as a System Optimizer
♦ Facilities Siting
♦ Transmission System Assessment
♦ Public Involvement
♦ Project Funding and Delivery
Padre Island Feasibility Analysis and Siting Plan
Presentation to the City Council April 22, 2003
Hydrogeology and Source Water Options
♦ Evaluated source water qualities and quantities
— Chicot Aquifer (40-1,200 ft)
• Shallow brackish water aquifer
— Evangeline Aquifer (1,200-3,400 ft)
• Deeper, more saline aquifer with elevated
temperature
— Gulf of Mexico
• Highest salinity
♦ All 3 sources can sustain RO production rates
up to 5 MGD
Padre Island Feasibility Analysis and Siting Plan
-W^R Presentation to the City Council April 22, 2003
Groundwater Extraction Alternatives
♦ Identified
preliminary
well
field options to provide
adequate
supply
and
limit
subsidence
141
Conventional Vertical Wells
Used for Evangeline Aquifer
Horizontal Wells
More economical
than vertical wells
for Chicot Aquifer
Padre Island Feasibility Analysis and Siting Plan
Presentation to the City Council April 22, 2003
Seawater Intake Alternatives
♦ Beach Wells
- Conventional shallow
vertical wells
- HDD or Collector -type
wells
♦ Direct Intake
$1
Padre Island Feasibility Analysis and Siting Plan
Presentation to the City Council April 22, 2003
RO Treatability and Process Alternatives
♦ With the available data, RO will treat all 3 sources
♦ Chicot Aquifer:
- Highest recovery with smallest facility footprint
♦ Evangeline Aquifer:
- Lower recovery and larger facility footprint
- Requires cooling pretreatment
♦ Gulf Seawater:
- Largest facility but similar cost and recovery to
Evangeline
- Requires antimicrobial pretreatment
Padre Island Feasibility Analysis and Siting Plan
Presentation to the City Council April 22, 2003
By=Product Disposal Alternatives
♦ A challenging aspect of the project
♦ Preferred Methods:
— Ocean Outfall (2 - 3 miles offshore)
— Deep Well Injection (3,500 to more than 5,000 ft deep)
♦ Other Considered Methods:
— Thermal Distillation
— Freeze Concentration
— Evaporation Ponds
♦ Issues
It:
— Working with local experts to avoid impacts on wildlife and
wetlands
— Permitting lead time (13-15 mo.)
Padre Island Feasibility Analysis and Siting Plan
Presentation to the City Council April 22, 2003
Regulatory and Permitting Assessment
♦ Identified and met with key regulatory agencies and
environmental experts
♦ A properly designed, constructed, and operated facility can be
permitted.
♦ Assembled regulatory packet with all necessary permit
applications
♦ Permitting schedule: 13-15 months
probable
♦ Permitting process is dependent on
site location and final design of system
components
Padre Island Feasibility Analysis and Siting Plan
Presentation to the City Council April 22, 2003
Storage as a System Optimizer
♦ Store treated water during times of low demand,
generating a "bubble" within existing aquifer
♦ Appears locally feasible based on hydrogeologic
evaluation and has been used successfully
elsewhere
♦ Could reduce initial design capacity of RO facilities
by half, and still meet peak demands
♦ Next Steps:
- Develop test holes to define local hydrogeology
- Construction and testing of one or more ASR wells
- Development of buffer zone within first well
Padre Island Feasibility Analysis and Siting Plan
Presentation to the City Council April 22, 2003
0
Application
Facilities Siting
♦ Evaluated potential04'
facility sites on Padre r _
and Mustang Islands
♦ Final site selection
determined by:
- Environmental issues
- Existing distribution system
- Land availability and cost
- Public acceptance :r;â–º
Padre Island Feasibility Analysis and Siting Plan
W^,ER Presentation to the City Council April 22, 2003
!
7..Faci i
Padre I
Pumpir
County
1
p"
Q
P-
ak J
Padre Island
Pumping Station
�011'Well br Vialer test
r r
S
PWAransasrUnpligStal
t It
Nueces County
Packery Channel Park
8
:F4:
Parl Aransas Ptopng slat
In the vicinity
" of NCWCD #4
y•,� Pumping
:. yo Station and
Mustang
Island State
:A Park
aRAU
a
a _ • • ' � KF�1•
Whitecap
WWTP
4
City -leased General
Land Office Parcel
_.� Padre Island Beach /
Bob Hall Pier
011'Well hr Mler Tesl �y
r r
Finished water Transmission Alternatives
♦ Developed preliminary model of the existing
distribution system
♦ Ongoing additional modeling to refine
transmission system considering well and
facility site locations
♦ Final transmission system will depend on feed
7i6
water source and facility siting
Padre Island Feasibility Analysis and Siting Plan
Presentation to the City Council April 22, 2003
Public Involvement
♦ Completed initial interviews with more than 20
community members and groups
♦ Key Issues thus far include:
— Distinguishing between Padre Island and State Projects
— Property and environmental / siting / quality of life impacts
— Water availability for growth and pressure
— Project cost
— Groundwater availability and impact on groundwater supply
♦ Upcoming Work:
— Meet with business owners association
— One or two public forums
— Continue to develop a long-term public outreach plan
Padre Island Feasibility Analysis and Siting Plan
Presentation to the City Council April 22, 2003
Funding and Project Delivery Alternatives
♦ Funding Investigation:
— Grants and "in-kind" opportunities
— USBR opportunities for demonstration project
— Potential research funding
♦ Project Delivery:
— Traditional Design -Bid -Build
— Design -Build
• Promotes fast-track schedule
— Public -Private Partnerships
♦ Implementation:
A
— Phased, incremental execution to meet demand
Padre Island Feasibility Analysis and Siting Plan
Presentation to the City Council April 22, 2003
Project Schedule
♦ Finalize preliminary assessment and deliver
recommendations to council - June 24, 2003
♦ Begin demonstration phase - July, 2003
♦ Demonstration phase complete and initial
production - December, 2005
♦ Project completion and full production -
December, 2006
Padre Island Feasibility Analysis and Siting Plan
-W^,ER Presentation to the City Council April 22, 2003
16
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: April 22, 2203
AGENDA ITEM: (Caption as it should appear on the agenda)
Motion authorizing the City Manager to execute on behalf of the City of Corpus Christi a
collective bargaining agreement with the Corpus Christi Police Officers Association
effective May 1, 2003 thru July 31, 2006, as negotiated by City and association
representatives.
ISSUE: The current collective bargaining agreement between the City of Corpus Christi
and the Corpus Police Officers' Association expired in August 2002. A tentative agreement
has been reached by the parties. The Council must pass a motion authorizing the City
Manager to execute an agreement with the Association.
REQUIRED COUNCIL ACTION: Approval of a motion authorizing the City Manager to
execute an agreement with the Police Officers Association.
PREVIOUS COUNCIL ACTION: Council has authorized the execution of collective
bargaining agreements with the representatives of the police bargaining units since the
citizens of Corpus Christi adopted Chapter 174 of the Local Government Code (formerly
Article 5154c-lof Vemon's Annotated Civil Statutes) in the 1970's.
FUNDING: Funding is available in General Fund Reserve for Salary Adjustment and Crime
Control Police Officer Costs Org No. 11711 for this fiscal year.
CONCLUSION AND RECOMMENDATION: It is recommended that the Council approve
the motion authorizing the City Manager to execute a four-year collective bargaining
agreement with the Police Officers' Association.
City Manager
Update on Police Negotiations
The City and Police Officers Association have reached a tentative
agreement for a four-year contract. The police union is currently
planning an election on ratification. If successfully ratified the contract
will be brought to Council for approval. The City has agreed to a
monetary settlement of the following:
1. 3% across the board raise effective 11/02 with changes to the
Captain and senior officer ranges that will make the monetary
difference less between the minimum and maximum of the ranges.
2. 2 V,% across the board effective 8/1/03
3. 2 V,% across the beard effective 8/1/04 and a 5% step addition at
60 months for senior officers and lieutenants with advanced
certifications or educations degrees.
4. 5% step addition at 120 months for senior officers and lieutenants
with advanced certifications and degrees effective 6/05.
5. 2 V,~% across the board effective 8/1/05.
6. Effective 1/1/05, an increase in the contribution to TMRS of 6% of
wages with an actuarialiy determined two to one match and an
annual increase to retiree annuities from 50% to 70% of the cost of
living percentage increase.
7. Effective 11/2002, an increase in field tra/ning officer pay from
$175 per month to $200 per month.
8. Change in the method of calculation for the first 90 days of sick
leave pay at ret/rement from base pay plus longevity to base pay
plus all add pays.
Other changes include:
1. The City formoliTes past practice in allowing the negotiating team
time off to prepare for negotiations.
2. The City agrees to allow officers the discretion to use vacation time
for suspensions of three days or less if the officers choose not to
appeal. This is an incentive to avoid appeals and arbitrations over
minor disciplinary matters. City also agrees to remove said
suspension from the file and not use the suspension against the
officer after 24 months.
3. Police officers must exhaust all administrative remedies before
filing a Whisfleblowers Lawsuit. This preserves the benefit of the
amended statutory provisions for risk assessment and
management purposes.
4. Reduction of the work week from 41.25 hours to 40 hours
resulting in brief'mg occurring during regular shift t/me. This
improves the City's position in the future as to state and federal
law overtime claims.
5. Association agrees that the City is entitled to credits under FLSA
for payments made/n overtime over and above the FLSA
requirements.. This improves the City's position in the future as
to state and federal law overt/me cia/ms.
6. Association agrees that overtime pay will be based on base pay and
longevity. This is the primary remaining claim in the pending
police overtime pay case.
7. Personal leave days increased to forty hours.
8. Vacation accruals increased to match new civilian accruals.
9. Bereavement days added to match ci 'vflian leave.
10. Funeral benefit of $8,000 added for police officers who lose
their lives in the line of duty due to on the job injury.
11. Limits the interchangeable use of Police officers and Senior
Police Officers (consistent with current practice).
12. Requires the chief to adopt a transfer policy. This is also
consistent with current practice. The Chief agrees to meet
with any officer not selected, but the agreement does not
make this an Association issue.
13. Increases the number of months in rank a police officer must
serve before being eligible to take the senior officer exam.
14. Sets new educational requirements for superv/s'mg ranks.
15. Provides a narrow Association privilege during internal
investigations, consistent w/th pr/or decisions in similar cases.
16. Requires reopener to negotiate overtime rate if the FLSA
lawsuit is lost by the City.
17. Allows for reopener on health insurance after the third year.
THE STATE OF TEXAS §
COUNTY OF NUECES §
AGREEMENT
ARTICLE I - PREAMBLE
Pursuant to the mutual agreement of the parties, this agreement has been entered into by
the City of Corpus Christi, hereinafter referred to as the '"City"; and the Corpus Christi Police
Officers' Association, hereafter referred to as the '"Association.'" The purpose of this agreement is
the promotion of harmonious relations between the City and the Assoclaflon; the establishment of
equitable and peaceful procedures for the resolution of differences; and the establishment of
compensation and other conditions of employment.
ARTICLE II - DEFINITIONS
"Accredited colleae or university" means a colleae or unlversltv whose accreditation is approved
bv the Texas Hlaher Education Coordinafln.q Board. ,,'
""Association'" means the Corpus Christi Police Officers" Association.
"Calendar days" means any day lncludlng weekends and holidays. When the agreement
specifies 365-days, 366-days will be used during a Leap Year.
"C.A.P.F.U.D.T.P." College of American Pathologist Forensic, Urine, Drug Testing Program.
"Chapter 143, Local Government Code," means the Municipal Civil Service Act, formerly TEX.
REV.CIV. STAT. ANN. Art. 1269m (codified 1987).
"Chapter 174, Local Government Code," means the "Fire and Police Employee Relations Act,"
formerly Article 51,54c-I of Vernon's Annotated Civil Statutes.
'"Chief'" means the Chlef of Police of the City of Corpus Christi.
""City Manager'' means the City Manager of the City of Corpus Christi.
'"City'" means the City of Corpus Christi.
"Commission" means the Firefighters" and Police Officers' Civil Service Commission of the City of
Corpus Christi as set forth in Chapter 143, Local Government Code.
"Emergency"' is defined as any unexpected happening or event or unforeseen situation or crlsls
that calls for Immediate action and requires alteration of schedules, work hours, shifts and/or
personnel assignments. The Chief may declare an emergency pursuant to this definition.
"Employee" means any sworn police officer of the City with the exception of the Chief of Police.
"'Executive Board" means those members of the Association duly elected or selected as officers
and directors of that organization.
"Gender.'" Reference to the male gender throughout this Agreement shall hove equal force and
include reference to the female gender.
6
"Grievance" means any and all disputes arising under the Grievance Procedure In Article VIII.
"Member"' means any employee who is on the membership list of and pays dues to the
Association.
"MRO." Medical Review Officer.
"Police Officer Trainee." An individual employed by the Corpus Christi Police Department who
has not yet completed the Corpus Christi Police Academy and been commissioned as a Police
Officer.
"Probationary Period." Begins on the date of graduation and commissioning from the Corpus
Christi Police Academy, and ends 365-calendar days from that date.
"S.A.M.H.S.A." Substance Abuse Management Health Safety Assoclation.
"Seniority." Begins on the date of graduation and commissioning as a Police Officer from the
Corpus Christi Police Academy.
"Strike" means, whether done in concert or individually, a failure to report for duty, the willful
absence from one's position, the stoppage of work, or the abstinence in whole or in part from the
full, faithful, and proper performance of the duties of employment (including but not limited to
"slowdowns'", "sickouts"", and the intentional failure to make arrests), fo~ the purpose of Inducing,
influencing or coercing a change In the conditions, compensation, rights, privileges, or
obligations of employment.
"Supervisor" means any officer with the rank of Lieutenant or above, or any officer, when assigned
supervisory duties by ranking officers having authority to make such assignments.
"Work hour or working hour" means any hour an employee is scheduled to be on duty regardless
of whether on a weekend or holiday.
"Work days or working day" means business days excluding weekends and holidays.
ARTICLE III - ASSOCIATION RIGHTS
A. Association Recoanition and Scope of Unit. The City hereby recognizes the Association as
the sole and exclusive collective bargaining agent for the unit consisting of all Police Officers, Sr.
Police Officers, Lieutenants, Captains, Commanders, and Assistant Chiefs.
B. Payroll Deduction of Dues.
1. The Association shall supply the City with all necessary papers and information for
payroll deduction of Association dues and assessments. The City shall not authorize payroll
deductions for membership dues to any other employee organization whlch Is qualified to be a
collective bargaining agent for police officers.
2. The City agrees to deduct dues upon receipt fTom the Association of a "Dues
Deduction"" card voluntarily and individually authorized, signed and dated by each member of
the Association. Such dues will be established by the Executive Board in accordance with the
bylaws of the Association. This authorization shall remain in full force and effect for the term of this
agreement or until termination by the employee. Such "Dues Deduction" card Is found In
Appendix "A" and Is Incorporated by reference Into this agreement. The City shall begin such
deductions on the following pay period after recelpt of the "Dues Deduction"' card.
3. The City agrees to deduct speclal assessments from all employees that are members of
the Association upon receipt of official notification from the President of the Association
indicating that said special assessment has been approved and ratified by a majority vote of the
Assock~.'-~-~_ _-_;L_.;_ _ __ "~-. :~'~ ~ ~ * ..... '--:~--~ ;=_~ -- ,¥. dalla¥.the administrative costs to the
City for such assessments in the amount of $50.00 per month to be invoiced by the CIty oft a
monthly basis during the period of m...A**~I~,JI ........ ~*~.~l~l~
special assessment. ~ ................. ~, ....................
............"'~"~' ............ ho ~..~. ....... ~ ..~ ........ ~,~t ......... ,, ...~.~.. ~r~ ...,.t~..t~..~.. ~f :ald
es~el~o] The Cltv is not resoonslble for the administration and orocedc~-e~
Assoclation In collectlna, disfrlbuflna of return of any assessment monies. The foliowlna lanauaae
Is for clarification only and is not sublect to the arievance orocedufe: The assessment ballot shall
state the tvc~e of assessment, the amount of the assessment, the deslanated period of the
assessment, and date and manner of the reimbursement. If any. The reimbursement of all unused
assessmerlt fund~ ~halt be dl$~buted eaualN wlthln 30-calendar days of termination of the pro|ect
as defined In the ~essment ballot. For ex, mole. "the members shall be assessed $10,00
collective bar.galnlng ne.qotidtions and reimbursement of oil unused assessment funds shall be
distributed eclu~llv within 30-calendar days of execution of a new aareement."
4. At any time a member of the Association desires to withdraw his membership, he may
voluntarily and individually do so. Such action will be Initiated through a 'Termination of Dues
Deduction'" card voluntarily and Individually signed by the member of the Association and
furnished to the City. The Association, pursuant to its constitution and by-laws, may suspend a
member temporarily or permanently. Such action will be Initiated through a "Termination of Dues
Deduction" card signed by the president of the Association and furnished to the City. Such
''Termination of Dues Deduction"' card Is found in Appendix "C'" and is incorporated by reference
into this agreement. The City shall terminate deduction of dues on the following pay period after
receipt of the ""termination of Dues Deduction"' card.
5. The City will be obligated to remit to the Association only those sums deducted as dues
and assessments from the Association member"s paycheck and will not be liable for damages to
the Association, any Individual employee, or other persons for fallure to deduct any authorized
sum for any reason.
6. The City shall continue its practice of providing the Association with the print-out of
current dues deductions.
7. Thee C.4ty st~lt pm~4~le ~ tim ~necka'fc~ an uixlatee[ cap¥ at the P,~,~ cllr~-..tc~
auarteriv [~-: tho;'Mi ~ ..... ~1.1 .IJ--J~+A~ _""'~, ._ '... ~ _ _'~ _,~"' *~'".,,_ '"'~"]~,.,. The Assoclatlon agrees to use the dlrec--~
for onJF~Assoclaflon activities and agrees to hold the City harmless. ~/
C. Time Off for Association Business.
1. Subject to prior notification to the Chief or the next highest ranking officer, the
Executive Board, or its deslgnees, shall have the right to visit the premises of the Police
Department for purposes of administering this agreement. For a period of time not to exceed 2.5
hours, the Association shall have the exclusive right to make a presentation to cadets at each
academy class on the benefits provided by the association, the benefits and rights under the
collective bargaining contract, and the rights of police officers under state and federal IQW. The
visits and presentations shall be conducted In a manner and at a time as not to interfere with the
functions of the department and approved by the Chlef. Such approval shall not be
unreasonably withheld.
2. On each January 1, each member of the Association shall contribute accumulated
sick leave hours to a pool to be known as the '"Association President'* pool In an amount
determined by the City and Association to be sufficient each year to fund the pool. This pool shall
be used to compensate the Assoclation President during his term of office in accordance with
this paragraph. During his entire term of office, the Association Presldent shall be relieved of duty
with pay to perform Association duties. The Association President's base salary shall be offset by
the hours in such pool. The City shall continue to pay all benefits and additional pay which the
Association President is entitled to receive. The period during whlch the Association President is
relieved of duty under this provision shall not constitute a break in service. In the event of an
emergency, the Chief may order the Association President to report for duty os assigned by the
Chief during the emergency situation. If the Association President elects to return to duty for the
remainder of his term of office, he shall give the Chief 60-calendar days advance written notice
of the date he shall return to duty. If the Association President occupies a supervisory position, the
Chief may temporarily appoint to such position the next person on the appropriate promotional
eligibility list to serve In an acting capacity during the Association Prestdent"s term of office. If
there is no eligibility list for such position, the Chlef may appalnt a person from the rank
Immediately below to work out-of-class during such period.
In the event of the Incapacity of the Association President far a period in excess of 2
weeks fer illness or Injury, at the option of the President, the President may elect to discontinue use
of the Association President's pool and utilize sick leave. This shall be effective upon 2 weeks
written notification In advance that the Association Vice President shall be assuming the duties of
the President. The Association Vice President upon assuming the duties of the President shall be
eligible to use the pool hours during the absence of the President. In no event shall 2 Association
officers be ellglble to draw pool hours from the Association President's pool at the same time or
covering the same period of time. In the event of the death of the Association President er
incapacity during which the Association President is unable to communicate, the Association
Vice President shall provide written notice of the intent to utilize the Association President's pool
hours under this provision.
3. With 5-days written notice to the Chie~ of Pollre~ ~ c~ with pay will be allowed fOr
officers who participate on the Assoclation"s negotiating team on days that the team Is Dreoarina
for neaotiotions and while contract negotiations are In session. If the team member is on their
regular day off, the employee is entitled to another day off with pay. The total number of persons
participating on each of the negotiating teams shall be equal, but no less than three. Prel3araflon
time shall be limited to that reasonably necessary not to exceed one work day for e<;Ich
sc~i~u'0T~"d day of baraainlna, v~
4. Members of the Executive Board and trustees of the Association Health and Benefit
Trust may receive time off, without loss of pay, to attend regularly scheduled Association
meetings, trust meetings, and Executive Board meetings. The Chief may, at his discretion, grant
said time off, subject to scheduling and manpower contingencies that may arise.
5. A pool of 112-hours shall be available during each year of this contract for time off with
pay for Association delegates and trustees to attend conventions or semlnars held In connection
with Association and trust activities, provided that sald time off with pay shall not exceed a total
of 112-hours each contract year regardless of the number of delegates elected to attend such
functions. Additional expenses for travel, lodging, etc. are not included.
6. Except for a person who holds the position of President of the Association and has
elected to be relieved of duty to perform Association duties, no Captain shall be serve as
representatlve for an employee on a grievance, serve on the Association Grievance Committee,
or serve on the Association negotiating team.
D. Bulletin Boards. The Association may provide and maintain a bulletin board on any
premise of the Police Department at its own expense. The City will not authorize the posting of
bulletin boards on any premise of the Police Department by any other employee organization
which is qualified to be a collective bargaining agent for police officers. The bulletin board shall
be consistent in design and standards to other bulletin boards in the Pollce Station for posting of
routine announcements of meetings, Association business, recreational functions, legislative
enactments and judicial decisions. The use of the bulletin board for the postings of partisan
political material, editorial comments and viewpoints of employees In any manner which would
be In opposition to existing police working conditions shall not be allowed. Any material on the
bulletin board which the City alleges to be In violation of this agreement shall be promptly
removed by the Association. The matter will then be Immediately referred to Step "4" of the
grievance procedure for resolution. The Association shall be allowed to utilize the Police
Department email system Inot the City-wide Groupwise system) to disseminate bulletin board
information under the same rules and regulations adopted for bulletin boards and in accordance
with the procedures spelled out below. The Association President or his designee shall submit the
proposed email in writing to the Chief. The Chief shall approve or disapprove of the proposed
email within 3 business days of receipt from the Association. The Chief shall notify the Association
of his decision In writing. In the event the Chief denies the request, the Association shall have 3
business days from receipt of the Chief's decision to appeal that decision to the City Manager.
The City Manager shall either affirm or overrule the decision of the Chief within 3 business days of
receipt of an appeal from the Association. The determination of the City Manager shall be final
and binding on the parties and shall not be subject to appeal to a grievance, arbitration or any
other body. It is the intention of this provision to allow the Association to provide information lo
officers only. Nothing herein shall be construed to permit or sanction two way communication
between officers and the Assoclation using this method. Unauthorized use of the email system in
response to Association emails sent under this provision shall be subject to departmental policy.
ARTICLE IV - ASSOCIATION DUTIES
A. Prohibited Practices. Neither the Association nor any employee shall engage in any of the
following practices:
1. Restrain or coerce any employee In the exercise of any rights granted under this
agreement;
2. Cause or attempt to cause an employee to discriminate agalnst another employee
because of the employee's membership or non-membership In any employee organization, or
attempt to cause the City to violate any rights of the employee;
3. Discriminate against any employee because he has signed or filed an affidavit, petition
or complaint, or given any information or testimony alleging violation of this agreement;
4. Dlscrlmlnate agalnst any employee covered by this agreement because of race, sex,
creed, color, age, national origin, affiliation, association er non-association; or discriminate In the
application or interpretation of the provisions of this agreement;
5. Discriminate agalnst any employee who has filed a grievance pursuant to Article VIII of
this agreement:
6. Initiate, authorize, aid, or participate in any strike, picketing, or dbtrlbutlon relating to
the employee's employment or the employment of any other person by the City or any other
employee; or refuse to cross any picket Ilne by whomever established where such refusal would
interfere with or impede the performance of the employee's duties as an employee of the City.
B. The parties hereto agreed that all negotiations will be conducted exclusively between the
designated bargaining representatives of the City and the Association. Neither party will make
any effort to bypass the spokesman of the other party during the period of negotiations for
amendments to this agreement unless an impasse exists as defined under the "Fire and Police
Employee Relations Act", Chapter 174, Local Government Code.
C. Any changes In wages, hours, terms and conditions of employment and other benefits
granted by the Texas State Legislature requiring the City to compensate, remunerate or otherwise
assist employees after the effective date of this agreement shall not alter the terms of this
agreement during the life of said agreement. This provision shall not unfavorably affect
employees as to any changes in wages, hours, terms and conditions of employment and other
benefits granted by the Texas State Legislature requiring the State of Texas to compensate,
remunerate or otherwise assist employees after the effective date of this agreement. Any
changes in wages, hours, terms and conditions of employment and other benefits granted by the
Texas State Legislature requiring the State of Texas to compensate, remunerate or otherwise assist
employees shall not be Incorporated into this agreement; nor shall the City be required at any
time to pay any share of said wages, hours, terms and conditions of employment of other
benefits. Any reduction or elimination of wages, hours, terms and conditions of employment, and
other benefits by the Texas State Legislature that p~evlously required the City to compensate,
remunerate or otherwise assist employees after the effective date of this agreement shall not
alter the terms of this agreement during the life of said agreement.
ARTICLE V - MANAGEMENT RIGHTS
A. The Association recognizes that the City has statutory and Charter rights and obligations
in contracting for matters relating to municipal operations. The right of contracting or
subcontracting is vested in the City.
B. The City shall have the authority to consolidate the operations of two or more
departments, and to reorganize the operations within the department, or departments, and the
right to lay off employees of the department.
C. The City shall have exclusive authority to tTansfer any governmental operations now
conducted by It to another unit of government. Upon such transfer, all agreements are
terminated, including this agreement as pertaining to personnel of the department affected by
the transfer.
D. The City and the Chief shall retain all rights and authority to which, by law, they are
entitled.
E. It is understood by the parties that every duty connected with operations enumerated in
job descriptions Is not always specifically described, and it is Intended that all such duties shall be
performed by the employee.
F. The City shall reserve the right to use security personnel which include, but are not limited
to, such Job classifications incorporated within the Compensation and Classification Plan as
Safety Security Officer, Jailer, Police Maffon, Lifeguard, School Crossing Guard, and Maintenance
ti
Security Man, which require ffainlng In law enforcement, safety and security duties, fire fighting
skills, emergency medlcal ffeatment, water safety, and other similar related skills. Such job
classification, as well as similar job classifications adopted in the future which would include
public safety personnel for Padre Island, are not subject to the terms of this agreement.
G. The City reserves the right to use civilians In the Police Deportment to perform duties that
do not require a commissioned officer. Duties that require a commissioned officer are defined to
be those duties required by State law to be performed by peace officers. It is specifically agreed
that the City may use civilians to perform duties in the Police Department that are presently being
performed by civilians irrespective of any requirements of state law concerning the requirement
for a police officer, it is also agreed that civilians in the Police Department may not be used as
direct supervisors of any commissioned officer, interpretation of this provision is subject to
declaratory judgment action.
H. The City reserves the right to use personnel from the Police Department and the Fire
Department Interchangeably during natural disasters and civil disorders.
I. The Chief shall have the exclusive right to:
1. Establish departmental rules and procedures;
2. Discipline or discharge for cause;
3. Determine work and overtime schedules in a manner most advantageous to the City;
4. Establish methods and processes by which work is performed; and
5. Transfer employees within the department in a manner most advantageous to the
city.
J. Except as provided In this agreement, the City retains the right to operate and manage its
affairs in all respects.
ARTICLE VI [~41] - MANAGEMENT DUTIES TO THE ASSOCIATION
A. The City shall provide the following materials to every employee:
1. A copy of rules and regulations of the department, and
2. A true and correct copy of this agreement.
B. The City shall not engage in the following practices:
1. Interfere with, restrain, or coerce employees in the exercise of rights granted in this
agreement;
2. Dominate, interfere, or assist in the formation, existence or administration of any
employee organization which is qualified to be a collective bargaining agent for police officers:
or contribute financial support to any such organization.
3. Encourage or discourage membership in any employee organization by discrimination
in hiring, tenure, training, or other terms or conditions of employment;
4. Discharge or discriminate against any employee because he has filed any affidavit,
grievance, or complaint: or given any Information or testimony alleging violations of this
agreement; or because he has formed, joined, or chosen to be represented by any organization;
5. Discriminate against any employee or employee group because of religion, sex, creed,
color, age, national origin, association or non-association or affillatlon In an organized employee
group or discriminate in the application or interpretation of the provisions of this agreement.
ARTICLE VII [~1] - DISCIPLINARY ACTION
A. The Chief shall have authority to demote, temporarily suspend not to exceed 240-work
hours, or terminate any employee for the causes set forth In the Rules and Regulations of the Civil
Sen/ice Commission for FIretighters and Police Officers of the City. In the alternative, the Chief
shall have authority to impose ""alternate disciplinary actions" in the nature of required
attendance at and participation in remedial, educational or rehabilitative programs. Such
programs may be provided by the City or by the City through a third party. The employee may
appeal such actions as provided herein. Nothing herein shall be construed to allow appeals of
reprimands or other disciplinary actions or alleged discipllnary actions which were not previously
appealable. It shall be within the sole discretion of the Chief to decide whether to utilize the
"'alternate disciplinary actions"" provided for herein, subject to the appeal provided herein. When
the Chief chooses to demote, temporarily suspend, or terminate any employee, the arbitrator
shall have no authority to consider or substitute an '"alternate disciplinary action.""
B. Disciplinary action may be taken against a police officer within 180-calendar days of the
discovery by the Chief of conduct by the officer which would constitute a felony or a Class A
misdemeanor, and not thereafter. Provided that such limitation shall not prevent disciplinary
action against a police officer based upon his conviction for any such crime notwithstanding that
discovery of the conduct on which the conviction is based occurred more than 180-calendar
days before the disciplinary action. Provided further that no disciplinary action may be taken for
conduct on which the criminal statute of limitations has run regardless of the date of discovery.
Provided, however, that nothing within this Section B shall In any way limit the time within which
the Chief may take disciplinary actions under Chapter 143 and to the extent that Chapter 143
permits the Chief more time to initiate any disciplinary action it shall prevail.
C. Prior to any such disciplinary action, the employee shall be given written notice of
contemplated disciplinary action, stating the action or actions contemplated and the reasons
therefore, and notifying the employee that he may rebut the charges to the Chief, either orally of
in writing, within 10-workina days [ ], which time shall be stated in the notice.
D. After the notice and opportunity for rebuttal provlded in the preceding paragraph the
Chief may demote, suspend, terminate, or take alternative dlsclplinary action against an
employee by personal service on the employee of a written statement of charges. If the Chief
should be unable to secure personal sen/ice after due diligence, sen/ice may be made by
placing it In the mail addressed to the employee's last known addreSs along with delivery of the
statement to the Association, and proof of such sen/Ice shall be sufficient to support any
disciplinary action. A copy of such statement, along with a copy of the notice of contemplated
disciplinary action, shall be promptly flied with the Director of Human Resources of the City.
The written statement shall point out the particular rule or rules alleged to have been violated
by the employee and the specific act or acts alleged to be in violation. Said statement shall
inform the employee that he has 10-worklng days after receipt thereof to file a written appeal
with the Director of Human Resources. If alternate sen/Ice is had as provided herein, the
employee shall have lO-working days from sen/ice upon the Association.
To appeal from any disciplinary action imposed, the employee need only file a letter
expressing his request to appeal to arbitration within such 10-working day period. Appeal from
suspension, termlnatlon or demotion shall be decided by one arbitrator, selected according to
this conffact,
E. Upon receiving an appeal from an employee or his deslanee, the Director of Human
Resources shall act Immediately to notity the Association and Chief of the appeal to arbitration.
When an ernDIovee ~ ....... 1 will not be represented by the Association, advance payment of
$1,000 for the arbitrator must be Included with the notice for appeal to arbitration in order for the
appeal to be valid. Such advance payment may be waived upon the CIty"s acceptance of a
written contract with the employee for payment of any charges which might be incurred by the
officer as a result of an appeal to arbitration. The Directat' shall Immediately request a list of 7
qualified neutrals who are members of the National Academy of Arbitrators from the American
Arbitration Association or other qualified agencies which may be mutually agreed upon for this
purpose. Within five ~5} worklna days after receipt of the list, the Director of Human Resources shall
c~)ritgct ttle ~lll~Dlovee or his designee in order for the employee or his deslanee and the City to
alternately Itl~e the names on the list. and the remalnlna name shall be the arbitrator. If the
parties cannot aaree as to who shall strike first, the bartles shall decide by a coin toss. ~
F. The hearing shall be commenced within such reasonable time as the arbitrator selected
can be scheduled. If the arbitrator selected cannot commence the hearing within 50-calendar
days from his selection, either party may, within 2-working days of so learning, call for selection of
a new arbitrator, and if the parties cannot agree upon a substitute within one-working day of so
learning, another arbitrator shall be selected from a new list of 7 names immediately requested
from the American Arbitration Association, according to the procedure set out herein. The
hearing shall be scheduled so that it can be completed without break, in consecutive calendar
days {excluding weekends and holldaysJ. The arbitrator shall make an award within 30-calendar
days of the close of evidence in standard arbitration hearings, and within 5-working days of the
close of evidence In expedited arbitration hearings. Post heating briefs shall only be permitted in
standard arbitration hearings, and must be mailed to the arbitrator within 7-calendar days of the
close of evldence in the hearing.
A stenographic franscrlptlon of the proceedings shall be made only upon written agreement
of the parties prior to the commencement of the hearing. Should there be no agreement, the
party desiring the transcript may have the transcript made at its sole expense.
The award of the arbitrator shall state which particular factual charges he finds to be true, if
any, and the particular rules he finds such conduct to have violated, if any. Where the charges
are upheld, the award shall state whether the discipline imposed is upheld, or whether some
lesser discipline Is substituted.
14
The following rules shall govern the conduct of hearings under this section, and of certain
prellmlna~/matters:
1. Upon the request of either party addressed to the opposlng party at least _5 [,3J-wo~klng
days prior to the date of hearing, the parties shall exchange the names of witnesses expected to
be called at the hearing. Upon failure of a party to disclose such witnesses, the arbitrator may
exclude their testimony.
2. The orbltrator shall have the power to subpoena witnesses, records and other
evidence, yDon not less than f'n/e 151 calendar davs notice. The arbitrator shall have the Dower to
sYbl;;x;te~a witnesses ~3revious~, deslanat~d b~
davs i,~#Ja~. ~trn~tfce [~-~4~ee~l], the Director of Human Resources shall
issue subpoenas requested by the parties in the name of the arbitrator. A party may apply to the
arblkator to quash a subpoena issued by the Director of Human Resources. Any subpoena for
r~ or documents shal~ not exceed the scooe of dlscove~a~,l~w t~. and
shall be served on the Department Dlrector in constructive custody of such records or documents.
Nothlna heretn shall prohibit the Cllv trom seeklna common law relief In the state dlstrlat court If
the arbitrator exceeds his lurlsdlcflOn In reaards to dlscoverv.
3. In all hearings under this section, the City shall prove its case by a preponderance of
the evidence.
4. The parties, in writing, may request discovery from each other concerning the case.
Should the other party not agree to provide the requested information within three days of the
request, the request shall be deemed denied. The requesting party may then apply to the
arbitrator, who shall order such discovery as appropriate to the nature of the case, subject to rules
of discovery in Texas civil cases. In considering the application, the arbitrator shall consider the
burden and expense of producing the information, the need of the requesting party, the amount
of time available prior to the hearing, and such other matters as he may deem material. In no
event shall discovery be permitted to delay the hearing, and in no event shall discovery be
requested within the 3-working days prior to the hearing.
5. All hearings shall be public unless requested by the appealing employee that the
hearing shall be closed to the public. In any event, the final decision of the arbitrator shall be
public, although public announcement may be reasonably delayed upon request of the parties.
6. Unless othem4se provided In this contract, the conduct of the hearing shall be
governed by the lules of the American Arbitratlon Association.
7; No ~upe~tsor n~,~ represent; his. or her Immediate sub~dlnate In disciplinary hearings
held under this Article. The Association President Is exempt [ex~efmted] from the provisions of this
paragraph, v"
H. The arbitrator shall have all powers vested In the Commission under Chapter 143 and the
Commission Rules, with respect to suspensions, terminations, and demotions, except the power to
amend such rules.
I. Any notlce or statement required to be filed by the Chief of Police or the employee In a
disclpllnory proceedlng under Chapter 143, under Commlssion Rules, or under this contract, shall
be filed with the Director of Human Resources of the City.
J. The decision of the arbitrator is final and binding on all parties. A district court may hear an
appeal of an arblfrator"s award only on the grounds that the arbitrator was without jurisdiction or
exceeded his jurisdiction or that the order was procured by fraud, collusion, or other unlawful
means.
K. Unless otherwise provided In this contract, in cases of conflict, the provlslons of this contract
will control over Chapter 143, Civil Service Commission Rules, and American Arbitration
Association Rules; and Chapter 143 and Civil Service Rules promulgated pursuant to it shall
control over American Arbitration Association Rules or rules of other qualified agencies as
mutually agreed upon for this purpose.
L. A probationary employee may be discharged at the discretion of the Chief, without
appeal to arbitration, to the Commission, or to any court, at any time during the 365-calendar
day period subsequent to being commissioned as a police officer.
M. Notwithstanding any other provision of thls Agreement, the Chief shall have authority to
impose any dlsclpllnary action upon an employee which Is agreed to in writing by the Chief and
the employee. The employee shall have no right to appeal such agreed disciplinary action, and
no administrative or judicial body shall have power to review such disciplinary action or alter the
terms of the agreement.
N, Any deadline or time restrictions set out in this contract with respect to dlscipllnary
proceedings may be modified by written agreement of the parties. However, neither party may
be compelled to wane its right to insist upon the deadline and time resffictions provided by the
contract.
O. In addition to disciplinary powers vested in the Police Chief, the following supervisors shall
have the right to suspend for cause, said suspensions not to exceed the following limits: {1) Police
Commanders and Assistant Chiefs may suspend not to exceed 24-work hours without pay; and [2]
Police Captains may suspend not to exceed 16-work hours without pay. Such suspensions may be
appealed within 5-working days to the Chief, and further appeal shall be to arbitration,
according to the procedures for disciplinan/actions by the Chief, except that no pre-suspension
notice by the Chief shall be necessary, and the Chief may adopt the supervisor"s letter as his own.
P. In cases of appeal from temporary suspensions, demotions, promotional passovers, and
terminations, the City and the aggrieved employee shall share equally the fees and expenses of
the arbitration. Where the Association represents the employee, it shall share equally the
arbitration fees and expenses with the City. Ail other costs of arbitration shall be borne by the
party incurring those costs.
Q. All hearings which are expected to be completed in one day shall be submitted for
expedited arbitration. On all other hearings, the parties may agree to request expedited
arbiffatlon.
R. To the extent that any provision of this Article conflicts with or changes Chapter' 143 or any
other civil service statute, the statute is so amended, as authorized by Chapter 174, Local
Government Code.
S. Any officer temporarily suspended at the dlscretion of the Chief, may be allowed to forfeit
vacation leave, holidays, or compensatory time to offset a loss in pay resulting from suspension.
vall~t~l~e; holli~lvs, personal leave or c0moensat°p/ time t0 offset a loss of pa~ r~-I~
from the suspension If the officer aarees not to aDoeal the suspension. After 2~m0nth$ the City
aarees not to use such un-apoealed dlsclDIIncav action in any future disciplinary case. tf the
~a~=eais a susoenslon of three d~¥s or less. the laslna ~ shall Day all the fees and
~v,~-..~- ~,~ tt~ t~rt'~ltrator. The arbitrator shall deslanate the Ioslna party for DUrDOses of thlf
P~, ' '~' ",,,QV find that both oartles last In Dart and aooortlon tees and exoen.~-_-.:
accordlnalv.
T. Written reprimands may be issued by any supervisor to an officer without requiring prior
notification. Copies of all written reprimands shall be given to the affected officer. The officer
may reply, and such reply shall become a part of the officer's permanent civil servlce tile. No
written reprimand shall be placed in the file without the officer's knowledge. Letters of counsellna
shall become a Dart of an officer's deDartmentol tile.
ARTICLE VIII - GRIEVANCE PROCEDURE
A. Scope of Grievance Procedure. The purpase of this grievance procedure ls to establish
effective machinery for the fair, expeditious and orderly adjustment of grievances. Only matters
involving the Intmpretatlon, application, or enforcement of the terms of this age.merit, shall
conslffiofe~t g~ntonce ond~r~ ~s of this grievance procedure, wlth the exceDtlon of
Whlsfleblower claims. Any claim of adverse action based on Whistleblower status under Article
554 of the Texas Government Code or federal law must be in accordance with the procedure
us~zll~aDDIb~ab~e under this artevance procedure, and shall toffaw the process set forth-In
Section E. ~
B. Association Representation. A grievance may be brought under this procedure by one or
more aggrieved employees t9 the As.~;:lotlon [ ................................. ,. ............. , or
by the Association itself In cases where the subject of the grievance is an on-going practice by
the City which affects the bargaining unit as a whole I"Class Action"). v/
~ ....... !~,c~., ,~! ...................... u .......... =..mplc;'cc.= ora
........ = ................ , ...........................................
~n:~t~t '//~ th~ ~h~ ~f ~mm:~d.] The aggrlev~ employee ~ employe~ [~r
~ .... '~+'~- '- ~ m'~' ~ ~-~ shall bflng ~e grievance In ~tlna to ~e ~soclaflO~ wl~In
working d~ of 1~ ~cuffence; ~ If at the time the aggrlev~ employee is un.are of the
grievance, within ~wor~ng d~ of aggrieved employee's knowl~ge of I~ occurrence. The
~s~ In a C~ Ac~n s~l ~na the ~ance to ~e Chief of P~I~ wlth~
d~ of I~ occu~ence: ~ If at ~e time ~e ~s~la~oe dld not know ~ shogld h~v~ kngwn of the
Ii~~~e~ may. bo warve~ by mu~al agreement, In w~, by
~.~..~._,__, ct] ~e ~clation [~n ~ ~'-'-_._,. ~ .......... ] and the ap~oprlate management
representative at each step.
D. Steps:
/t~/effi~.-~"~l~lformal Process. Prior' to formal commencement of a arlevance, employees shall
seek: to Informally resolve their con~:erns throuah their Immediate supervisor or othe~ c~)ll~lsterlt
with the chain of command. Grievances settled at Step 1 shall not be consldere~t a past pr~c~tice
or a waiver of th~ rlabt to Pursue a similar tlmelv arlevance bv another aaarievod employee or
the Association: V~
Step 2. A~oclattqrl Review, The aggrieved employee shall submit his grlevance~.~ to
the Association wlthln 20-worklna days as reaulm~Lbv Section C. rt....
...................... ~.-~.; .....................
~ff. ~: C:..m.m=~:: :t ~t:~. !.] Any grievance not submlffed to the Association within the
prescribed time limit shall not be considered timely and shall be void. Within 20 [-1Q]-werklng days
17
of receipt of the grievance, the Association shall determine whether the grievance Is valid grid
notify the Co~mand~ In wrltln~i pursuant to Step 3. The Association shall judge each grievance in
a fair and equitable manner and shall not discriminate agalnst employees who are not
Association members. In its sole dlscretion, the Association shall determlne whether the grievance
is valid or not. The Association may marliN, revise, of amend the arievance if necessary to
D~o~erN olace the dispute In Issue for resolution..~Th.. ................... ~ ..................... thct
Step 3. commander Eevtew, It the qrlevance is approved by the Association, the Assocl~Itlo0
shall oursue the aD~l, with of without the arleval~f, to Step 3 with tan ...._~.._~ .... ,__'-~ e..~.plcycc
~....~,,~'-~ ...... _ ~..v._..~ ....... ~, ...... ~ ............. ~ ...... ~ the Commander in the aggrieved employee's chain
of command on the Grievance Form {Appendix "D"J. The written grievance at this step and at all
steps therec~ter, shall contain the following Information: {1 } a statement of the grievance, settina
out the soecltic provision of this aareement to be Interpreted, applied or enforced and the facts
upon which It is based; (2) [thc ~,~,,,-~..~_, how~ the facts result in a violation of the agreements; (3)
the remedy or adjustment sought lncludlna a clear statement of the Draper Interpretation,
application or enforcement of thiS aareemen~ and {4} the signature of the aggrieved employee.
Said Commander shall respond in writing to this grievance within 20-working days of its receipt.
The written response at this step, and management responses at all steps thereafter, shall contain
the following information: {lJ an affirmation or denial of the facts upon which the grievance is
based: (2} an analysis of the alleged violation of the agreement: {3] the remedy or adjustment, if
any, to be made; [4) the signature of the appropriate management representative. /
The Commander shall FAX or hand-deliver a copy of the response to the Association. If the
Commander does not respond within 20-working days, the grievance shall be deemed denied
and the Association with or without the aggrieved employee may proceed to the next step. ~
The aggrieved employee may not be represented by a member of the department who is in
the aggrieved employee's chain of command. The Association with or without the consent of the
aggrieved employee may withdraw the grievance at this step. [ .................. ~'~^'~ ~*~"" 2
'~'~ .......~ ........ ~ .... '" ~"" ..... er .*he
Step 4. Chief of Police Review. The Association may submit a written grievance from Step
3 [gl to the Chief within 25-wofklng days of receiving the Commander's wrilten response. The
Chief shall respond in writing to this grievance within 20-working days of its receipt. If the Chief
does not respond within 20-working days, the grievance shall be deemed denied and the
Association may proceed to the next step. Failure of the Association and the Chief 1o resolve the
grievance in writing or to submit to orbiffaflon at the conclusion of Step _4 [1~] shall be the
conclusion of the grievance, v"
In the case of the Association submitting a Class Action grievance, the Association shall submit
that grievance directly to the Chief. The Chief shall respond In writing to Class Action grievances
within 40-working days of its receipt. If the Chief does not respond within 40-working days, the
grievance shall be deemed denied and the Association may proceed to the next step. Failure of
the Association and the Chief to resolve the Class Action grievance in writing or to submit to
arbitration at the conclusion of Step $ shall be the conclusion of the grievance.
Step 5. Arbitration. The Association may request, within 50-working days of the denial at
Step _4 I~.l, that the grievance be submitted to arbitration. ,/
18
If arbitration is mutually elected, or required, the garfies may mutually agree to use th~
Federal Mediation and Conciliation Service IFMCSIo or any other oerson mulJmlb/a.qreeable to
the gorties. If the parties cannot ii~,~l~v aaree, a list of seven (7) qualified neutrals who are
members of the National Academy of Arbitrators shall be requested from the American
Arbiffation Association (AAA). Within five iS) working days after receipt of the list, the Director ~J
Human Resources shall contact the President of the Association or his desi.clnee In order for the
Association and the City to rr,_'h~.., alternately strike the names on the list, and the remaining name
shall be the arbitrator. The CiN and the Association shall alternate as to whlc, h I~arN strikes first on
eo list, '; "'~" '~ ~"* '^ ~'~-, ~. ~ .... ~ ....................
random b;' thc g!rcatcr cf H'~'m~ Re:a~rac:.] v~
The hearing on the grievance shall be informal and the rules of evidence shall not apply.
The arbitrator shall not have the power to add to, subtract from or modify, the provisions of this
agreement in arriving at a decision on the issue or issues presented; and shall confine his decision
solely to the precise Issue submitted for arbitration, and shall have no authority to determine any
other issues not directly presented In the grievance. The decision of the arbitrator shall be final
and binding upon the aggrieved employee, the Association and the City.
The losing party shall pay all the fees and expenses of the arbitrator. The arbitrator shall
designate the losing party for purposes of this paragraph, and may find that both parties lost in
part and apportion fees and expenses accordingly.
E. Whistleblower Claims. The submission shall state soeclflcollv each law which is or was
believed tO have been vtolated and the factual basis for the claimant's belief that such ~
violation occurred. It shall further state each "aPpropriate law enforcement authorih/" to whom
or which the viol~;~ h~ been reoorte~. The ~rle~ance shall be~flle~ at Ste~ 4~ tChle~ o{ P~Ilce)
and proceed throuah the steps in this process, provided however, that any person who is
implicated in any of th~-ier~z~l~-~.~a~l~t,:~l:~lt~mlldlz~ll~ii~ll~i~4imll~..~,~ .t"J~Tt',,,~;. TIn~
ChIef shall deslanate an alternate step In such Instance, or if the Chief ls lmplfcate~, th~ City
M;3,~u~ shall deslanate the alternate steP. /
ARTICLE IX - HOURS OF WORK
A. Workweek. The workweek shall consist of 40 [~] hours per 7--day work cycle [~, .......
+~+.,,~ ........... +~ ~ ~c ~ .... ~,~ ~ ..... ...... ,.-,.~ b~t':;C~,": +~.,.~ ~.~ ~..~ ~0. ,,~.. ~ ....... ,,..~· ? d~¥ ..... ..... ~ ~ ~.~]~ ..~" -~.~.~"""~1"
~'~'-~.~..,,.-.,,,.+' "Regular rate" and "re~Iular rate of DAY" as used in this aareement means base pay
and Ion.qeyity only, jn accordance with historical oavroll c~actice, and does not hqve qny
statutorily derived meanin.q. A meal break may be taken during the shift schedu{ed In
compliance-with the rules and regulations of the department. Notwlthstandlna any other
provision In this a.qreement, the City shall be entitled to Implement and auallfv for meal time
credit urlder, the prov~sl0n$ .of Section 142.0015{ii of the Texas Local Government Code afld ~
C.F.R. 553.223 and 785.19. Any work required In holdover from a shift shall not be compensable
unless it exceeds 15-minutes. Where 15-minutes is exceeded, all time worked in holdover from shift
shall be paid at the overtime rate, calculated in 15-minute intervals. Any time in excess of any 15-
minute interval shall be compensated to the next quarter hour. v/
B. Overtime. Overtime shall be defined as authorized work performed in excess of the regular
workweek. Where overtime occurs as a result of shift assignment change all employees excluding
those serving at the rank of Police Commander or above, may elect to be paid straight time for
the time worked or an equal amount of compensatory time. Where the employee elects to be
paid, calculation for pay shall be made during the pay period in which the overtime was
accrued. Productive time for the purposes of calculating overtime in a work week includes
vacation leave, holidays, sick leave, and compensatory time, and any other authorized leave.
Both parties believe that the Day and benefits under this aareement exceed the statutory
minimums set by federal and state law for stral.qht and overtime Day. In any enforcement action
under federal or state law, the City shalL~ · ~ /~,~;.~.~der this
conffact Which exceed the statutor~ Day obliaattans; in¢ludfn~b~l~not-limifed to the foreaaTn.q
"productive time" provision, irrespective of the DaY period or Day cycle when such occurred. The
City shall also be entitled to the full extent at the. ~adlal~e~em~: ~Jn~e~ 29 U.S~C. 207!ki in any
such~r~f~t~ action, Should any court rule or hold that the City Is not entitled to the
credit provided herein, the City may reopen neaotlations duflna the term of this contract to
address any issue necessary as a result of such rullna, and the dun of each Darn to baraain under
Chap~t-~'~-shall apply. All employees, excluding those serving at the rank of Police Commander
or Assistant Police Chief, may elect to be compensated for overtime either in cash at the rate of
1-1/2 times the employee's regular rate of pay, or in compensatory time equal to 1-I/2 times the
actual hours of overtime worked for all other overtime worked. Scheduling of compensatory time
shall be at the discretion of the Chief. In the event of separation in good standing, the City shall
pay accrued compensatory time not to exceed 240-hours at the employee's regular rate of pay,
2O
Not more than 240-hours of compensatory time may be accrued. The City shall give each
employee adequate and reasonable opportunity to use the employee's compensatory time in
excess of 240-hours.
Overtime at the rate of 2 times the regular rate of pay will be paid for work performed on
Thanksgiving Day, Christmas Day and Easter Sunday. Overtime at the rate of 1-1/2 times the
regular rate of pay will be paid for work performed on any other holiday listed in Article Xl.
In an effort to minimize non-volunteer overtime for events scheduled 90-calendar days or
more in advance, the Chief will have posted sign-up sheets for voluntary overtime assignments
30-calendar days prior to the event. Sign-up sheets will remain posted until one workweek prior to
event. Based upon the sign-up list, non-voluntary overtime assignments will be made or
reschedullng will be done by the City in order to provide the necessary on duty police services for
the event.
When ordered by the Chief to work during an emergency or assigned to some duty not
normally attendant to their supervisory and management responsibility of their job assignment or
division, Commanders shall be compensated at the rate of 1-1/2 times and may be compen-
sated in cash or compensatory time, for those hours worked over and above the regular 40-hour
workweek.
C. Court Time and Call Back.
1. Employees while off duty who are called back to duty or subpoenaed to give
testimony in court about events arising out of their employment shall be compensated at the rate
of 1-1/2 times the employee's regular rate of pay with the minimum compensation of 3-hours.
2. Employees who are subpoenaed while on vacation to give testimony about events
arising out of their employment shall be compensated during the first 8-hours of testimony for the
employee"s vacation time in that workweek as well as compensated for actual hours worked at
the rate of 1-1/2 times the employee"s regular pay with a minimum compensation of 2-hours.
Compensation for subsequent Court testimony after the initial 8-hours shall be at the rate of the
employee's regular pay.
3. Employees who are called back to duty while on vacation shall be compensated for
the employee's vacation time in that workweek as well as pay with a minlmum compensation of
2-hours, except that where an emergency exists, the employee's vacation may be canceled by
the Chief, whereupon said employee shall be paid at his regular rate of pay.
4. The Association and the City shall work together in the Labor-k4anagement Relations
Committee in an effort to minimize unnecessary standby time.
5, Restricted on-call compensation. Off-duty employees who are ordered by the Chief to
be on restricted on-call duty shall be compensated at a rate of $1.00 per hour while assigned to
such on-call duty. On-call duty restrictions shall be determined by departmental policy.
D. Deferred Compensation for Overtime. The City shall establish a policy under which officers
who participate in either a deferred compensation plan which has been approved by the City or
the Public Employee Deferred Compensation Plan or its successor shall be eligible to defer all
accrued overtime In increments of one hour or more into their deferred compensation plan. The
policy shall require prior designation by the employee of the election to participate for a period
of at least six months. All overtime deferred under such policy shall be deposited directly to the
2!
offlcef"s account In such deferred compensation plan. The City may require that the employee
release and hold the City harmless for any penalties or other Ilablllty Incurred by the City as a result
of allowing the employee to defer overtime compensation under this provision.
ARTICLE X - SALARY AND BENEFITS
A. Monthly SalaP/Schedule
Effective November 1, 2002 (3%)
Class Code Class Title
PO8 Trainee
PO7 Police Officer
Starting
2,594
3,013
6-month 30-month 42-month
3~165
18~month
3~328
3,504
3,679
PO6 Senior Officer 3~865 4,054
PO5 Ueutenant 4,261 4~474 4,701
PO4 Captain 5,238 5,343 5,449 5~531 5,587
Effective August 1, 2003 (2.25%)
Class Code Class rifle
PO8 Trainee
PO7 Police Officer
Starting
2,652
3,081
6-month J 18-month 30-month
3,236 J 3~403 3,583
42-month I
3~762
PO6 Senior Officer 3,952 4,145
PO5 Ueutenant 4,357 4,575 4~807
PO4 Captain 5,356 5,463 5,572 5,655 5~713
Effective August 1, 2004 {2.25%) <New 60-month Step at 5% fo~ SPO and Lt>
Class Code
PO8
PO7
Class Title
Trainee
Police Officer
Startin,q
2,712
3,150
6-month 18-month
3,309 3~480
30-month
3,664
42-month
3,847
PO6 Senior Officer 4,04 4~238 4~450
J Class Code [ Class TJtJe J Startin,g J 6-month J IS-month J 60-month J
PO5 Lieutenant 4,455 4~678 4,915 5,161
PO4 Captain 5,477 5,586 5~697 5,782 5~842
Effective June 1, 2005 <new 120-month step_@ 5~,diffefentlaJ fbr SP~ & ri>
IClass Code
PO6 J Class Title I Starting J 18-month
Senior Officer J 60-rnonth
J12Gmonth
4~673 J
Effective August 1,2005 [2.25%~
Class Code
PO8
PO7
Class 11tie Starting
Trainee 2,773
Police Officer 3t221
6-month 18-monfia
3,383 3~558
30~-nonth
J42-monlh
3~934
PO6 Senior Officer 4,132 4,333 4~550 4,778
PO5 Ueutenant 4,555 4~783 J, 5,026 5,277 5,541
PO4 Captain 5,600 5,712 5~825 5~912 5~973
Qualifications:
1. Senior Officer. To aualifv for a pay step at 60-months of service as a Senior Officer, each
Senior Off. er must I~ossess an Advanced Certificate from TCLEOSE or a bachelor"s dearee from
an accredited colleae or universlN. To aualiN for a Day steo at. ]20-months of se~vlce as a Senior
Officer. each Senior Officer must possess either a Master Peace Officers Certificate from TCLEOSF
or a bachelor's de,qree from an accredited colle.qe or uhlversltv. Senior Officers who have not
aC lev ~hnll I~ d~=~',,,~'~.~,~.*~~"~"~ ................ ~ - .. '
h ed the 60-month steo ....... _
Senior C~f/~ff~ hl~::~-~d~flffe'lSl~iffrror.ri $~up shalr De desEanatecfas SFO~ff'-tdestim~i~
bv a Ilaht blue eoaulet with a silver braid on the outside edgeJ. Senior Officers who have
achieved the 120-month step shall be designated as sPa III Ideslclnated by a dark blue epaulet
with a ac)id braid on the 0utslde ed.qe}.
2~ Lieutenant. To aualifv for a DaY step at 60-months of service as a Ueutenarit, each
Lieutenant must possess a Master Peace Officer's Certificate, from TCLEOSE or bachelor,s declree
from an a¢cledr~"C"elle~:~u~To-~,~nlit~;tTo~ ~,~.~t~. j~.~.~,~ ~m~/l~ ct
Lieutenant. each Lieutenant must DOSSOSS a bachelor's de~ree from an accredited college or
university, If a Senior Officer is promoted to Lieutenant, the employee shall be placed in the pay
step that aives the emDIovee an increase in pay. ~,
3, Captain. To qualify for each movement to a new step, each Captain must 1) have
served as a Captain for the months indicated, and 2) must pass a management review of his or
her performance.
The increase to the step for which the employee is eligible will not be made if performance Is
deemed unsatisfactory.
23
An unsatisfactow performance review will be in writing. The Captain shall be allowed to answer In
writing the unsatisfactory performance review and have the answer placed in his or her personnel
file along wlth the Chief's review.
The Chief shall complete the performance review within forty five days of the date the time in
service is completed. If the Chief denies the Captain a step increase, the Captain may appeal to
the City Manager in writlng withln 14 calendar days of receipt of the Chief's Performance review.
The City Manager may grant or deny the step increase.
If a Captain is denied a step Increase for unsatisfactory performance, he or she will be re-
evaluated each six months after the date of the inltial review until he or she obtains a satisfactory
review. The Chief shall conduct a performance review and may then grant the step Increase
previously denied, which if granted, will not be effective prior to the date of the Chief's approval.
The management review and/or associated step increases are not grievable nor arbitrable.
Even though there is no requirement to do same, the City of Corpus Christi may, if sufficient funds
are provided in the budget, provide for annual bonuses to be paid to Captalns, based on his or
her performance. No bonuses are promised or guaranteed.
B. Health Insurance and Life Premiums. The City shall provide health insurance coverage for
Police Officers and their dependents In a preferred provider program called Public Safety
Cltlcare (attached to and made a part of this Agreement as Appendix "E").
Co Field Trainina Officer Pay. Field Training Officer pay of $175 per month shall be granted In
addition to regular pay to all officers for extraordinary, specific duties of training and evaluating
recruit officers. Effective November 1, ~:X)2: Reid Trainir~ Officer~halL:b~Increased. to
per month. ~'
D. Education InCerlfive Pay.
1. No probationary employee will be eligible for educational incentive pay until after he
has successfully passed his probationary period. Specific hours obtained through participation in
the Police Academy will be cansidered applicable taward educational incentive pay only after
successful completion of at least one other academic course in the related field on the
employee's own time.
2. Educational Incentive Pay will be $1.00 per month for each semester hour satisfactorily
completed provided that such hours are applicable toward a degree. Also the following
monetary caps will apply: no more than $71.00 per month will be paid without successful
completion of the requirements and receipt of the Associate degree; if the employee is
attending a four-year college, he may meet this requirement by filing a copy of his certified
degree plan with the Director of Human Resources, noting his expressed Intent to obtain a
Bachelor's Degree. All approved hours above the Associate Degree will be eligible for
educational pay at this rate up to an additional $49.00 per month or a combined total of $120.00
24
per month. Successful completion of the requlrements and receipt of a Bachelor's Degree will
qualify the employee for [= m'=,vJ.~.."-"m =.~ $125.0~-per month. Approved hours above the
Bachelor's Degree applicable toward a Master's Degree will be eligible for educational incentive
pay at the same rate up to an additional $20.00 per month. Successful completion of the Master's
I~egree will qualify the employee for $155.00 [~er month r~., .-.,~,~,,A,,.. ,~^ ~,~
L ............. ',- ....~--~: .~..~.-...~. for a
E. Clothlnq and Equipment
1. The City shall pay 100% of the cost to provide every uniformed employee with all required
initial clothing Items and equipment, excluding shoes. The City shall thereafter replace or repair
all said required clothing items and equipment which are lost or damaged on the basis of 100%
excluding shoes. A clothing allowance of $900.00 [ ....... , per year shall be paid to all officers
who are required by order of the Chief to wear civilian clothing during their regular work
assignment [r.,~.... ^ ...... ~ ! ~oo~ +~,~. ~znn~ .~.~, ~...: ....... '~ tC e?,:,~,'~,-,
^ ...... * !, ~ooo ~ .., ......... ~'"" ~ ....... *C., ....... ] Eml:)loyees shall recelv~ the clothing
allowance In a separate oavmenf. Employees whose lump sum payment does not occur In
August shall be paid an additional amount prorated based on the number of months remaining
until their next lump sum payment is made under the new increased rate., ..........
..v~ ............... , ~,. .................................. ] The ~artles aaree that the
allowances D~ovrded herein reasonabN approximate the amount of the expenses incurred
~eriodicallv bv the officers.
Such payments will be made at the beginning of the contract year, or when assigned. At
such time the police officer"s assignment requires that he return to a police uniform and there is a
remaining portion of the 365-day period, the clothing allowance shall be prorated to the extent
that it will be deducted from a future annual clothing allowance when the officer is tl'ansferred
back to a duty asslgnment where civilian clothes are required. If the officer is separated from the
service and a prorated clothing allowance is owed, it shall be deducted from his final pay check.
For each year thereafter, the City will pay up to $900.00 [$_x00_._~3~ for replacement costs for those
persons so authorized. ~,
2. A clothing allowance of $35.00 per month shall be provided to each officer of the
department for the purpose of uniform and clothing cleaning and maintenance.
F. Pensions. The City shall maintain the retirement program In effect. Notwithstanding
any other provisions of this agreement, in the event legislation is enacted which alters, modifies,
or amends the Texas Municipal Retirement System either party, upon 30-calendar days written
notice to the other parly, shall have the right to reopen collective bargaining with regards to the
subject(s) of such alteration(s), modificafionls), or amendment(s) within 60-calendar days of the
enactment of such amendment. The provisions of Article XVI shall apply to any such reopening of
collective bargaining.
On or before January 1, 2001, the City agrees to adopt the Fifty Percent (50%) CPI annuity
increase and to adopt the automatic renewal of that percentage. On or before August 1, 2002,
the City shall adopt a twenty 120) year retirement option.
On or before Januaw I, 2005, the CMv aorees to adopt the Seventy Percent 170%! (~PI ~nnully
increase and adopt the automatic renewal of that oercenta~e, and the City aarees to increase
the employee pension contribution rate to 6% andt~ maintain the citv'~
confflbutlon rate.
G. Classifications Compensated Under the Manaaerlal Group Salary Schedule. The
positions of Assistant Police Chief and Police Commander shall be compensated at salary levels
set forth within the Managerial salary schedule consistent with the provisions provided for the
Managerial Group under Compensation Ordinance. All increases shall be made consistent with
the requirements of the Managerial Plan.
Individual salary increases based on merit, performance or other, as authorized by
compensation ordinance shall be permitted for these classifications, Chapter 143
notwithstanding. As to Assistant Chiefs and Commanders, all officers in the same classlficafion are
not entitled to the same base salary; this provision specifically supersedes Local Government
Code 143.041.
H. Termination Pay. Upon termination, sick leave shall be paid to police officers
according to the following schedule:
(aJ Less than 4 full years of service: zero hours
(b) 4 full years of service: not more than 240-hours
(c) 5 full years of service: not more than 320-hours
(d) 6 full years of service: not more than 400-hours
(e) 7 full years of service: not more than 480-hours
(fi 8 full years of service: not more than 560-hours
(g) 9 full years of service: not more than 640-hours
(hi 10 or more full years of service: not more than 720-hours
(i} 20 or more full years of service: not more than 960-hours
(j) 25 or more full years of service: not more than 1,440-hours
Effective upon execution of this A.qreement, the first 720 hours of such sick leave credit shall be
paid at the rate of Day determined in accordance with the statutory calculafiOl~ under Section
143.045 of the Local Government Code. The remainin~l balance, if any, sh011 be paid at the rate
of DaY Includlna only base pay plus Ion.qevlty. ~'
I. Lonaevitv Pay. Longevity pay shall be $6.00 per month for each complete year of
service up to a maximum of 10 years of service. Thereafter, for each additional year of service,
longevity pay shall be ,$4.00 per month for each year up to a maximum of 25 years of service.
J. Bomb Squad Pay. Employees assigned to the bomb squad shall receive extra pay for
such hazardous duty in the amount of $75.00 per month.
K. Breathalyzer Certification Pay. Ail employees currently certified as breathal,/zer
operators shall receive extra pay in the amount of $30.00 per month.
L. Pistol C~ualification Requirement and Pay. Each officer is required to attend the
firearms range for practice each month the range is open, except as otherwise provided herein.
Every officer shall be required to demonstrate his proficiency by scoring af least 70 each month.
"~' "'~' ....... * "~'"'~' ' "~*~' h!s ..... !s ct !east 70 ] ~
Failure to score at least 70 for three consecutive months shall be grounds for disciplinary
action. Subsequent failure to score 70 shall be grounds for disciplinary action, the severity of
which shall depend upon the remoteness in time from the original 3-month failure and the
number of failures since that time. Provided, however, after an officer has qualified for 12
consecutive months, failure for 3 months shall be required for disciplinary action.
Officers who shoot a master"s score (94-100) shall be compensated for such proficiency at
the rate of $25.00 per month. This compensation shall continue so long as his score remains within
that range. To receive such compensation, the officer must attend the range each month the
range is open unless he has an excused absence.
Officers who shoot an expert's score (89-93) shall be compensated for such proficiency at
the rate of $15.00 per month. This compensation shall continue so long as his score remains within
that range. To receive such compensation, the officer must attend the range each month the
range is open unless he has an excused absence.
If an Officer's [ ....... , shift assignment is completely outside the hours when the range ls
open, or If an officer is reauired to aualiN off-duN. [w!!!_v ~- ...... .v,~v..v_~'~"~ ~.~ ~"hc~, c~ +~"~'...~.. c::'~ ,Lm.c]
such officer[s] will be compensated at the rate of 2-hours overtime for each required
affendance. Officers who could auallN, on duty, but chose to shoot off-duN for their own
convenience shall not be compensated. Such officers will be subject to the same proficiency
requirement of 70 and failure to qualify will require the officer to practice on his own time without
compensation each subsequent month until he can score 70. The same compensation for
master"s and expert's proficiency shall be available to these officers. ~'
Excused Absences:
1. Vacation or leave of absence during the entire time the range is open for that month.
2. Illness or injury leave during the entire time the range is open for the month.
3. Failure of the City to provide time for attendance during the officer's shift for officers
whose shift assignment is not completely outside the hours when the range Is open.
M. Weekend Pay. Each officer who reports to work for a shift which commences
between 10.'00 p,m. on Friday and 9:59 p.m. on Saturday shall receive $25.00 per month; each
officer who reports to work for a shift which commences between 10.~0 p.m. on Saturday and
9:59 p.m. on Sunday shall receive $25.00 per month.
N. Shift Differential Pay. Each officer who reports to work for his regularly scheduled shift
which ends between 6.~0 p.m. an~ 12._~.3~ Ivltckll~l~ ~:lll~ ~'~-~ r~ per month; each officer
who reports to work for his regularly sch~shl~whi~h ends bet~eer~-t~'2:01 a.m. and 8~:X) a.m.
shall receive $,50.00 per month: If~ as the ~esult of a change in shift or assignment, any officer loses
Weekend and/or Shift Differential Pay which he was receiving prior to such~ ch~ln~.tbe~loss of
such additional pay shall not be grievable under the grievance procedure established In this
contract. ~/'
O. [P~] Do.q Handler Pay. Any Officer who is charged with the responsibility for and is
assigned a dog by the Corpus Christi Police Department to be used in law enforcement functions
shall be compensated at the rote of $170.00 per month and one hour of overtime pay on days
off, includina vacation time, sick leave, compensatory time and personal leave. The parties
aaree that an accurate computation of hours of work carina for a police doa is difficult or
impossible to determine and that the compensation Drovkled herein Is a fak and.reasonab_l~_
aareement conslderlnp all pertinent facts and cffc~mstance~,ff a~D~r'doa Is retired I'taken out
of service by the clNI the Chief of pollce shall award the police doa to the officer If the officer so
desires. The city shall have no further obllaation for the care. maintenance and support of th~
police do~l. ~
P. IQ~.] ~/VAT Team Pay. Any Officer who is selected and serves as a member of the
Special Weapons and Tactics Team ISWAT] for the Corpus Christi Police Department shall be
compensated at the rate of $75.00 per month. ~
~. [~] Hosta.cle Neaotlation Team PaY. Any Officer who Is selected and serves as a
member of the Hostage Negotiation Team for the Corpus Christi Police Department shall be
compensated at the rate of $50.00 per month. ~
R_~. [,%..] Dive Team. Any officer who is selected and serves as a member of the Dive Team
for the Corpus Christi Police Department shall be compensated at the rate of $75.00 per month. ,,
S_. [T~.] Badaes. Upon retirement the employee shall be permitted to keep their badge at
no cost to the employee. Upon promo~itted to keep any badge
they have purchased. ~*
A. Holidays.
1. Each employee shall receive the following 7-holidays during each fiscal year:
New Year's Day
Memorial Day
Fourth of July
Labor Day
Thanksgiving Day
Christmas Day
One holiday to be determined by the City
2. Holiday time shall be added to vacation time.
3. Each of the listed holidays shall be observed on the calendar day on which it
falls.
4. Any employee who for any ~eason is absent without pay on a workday
immediately preceding or following a holiday or on the hollday shall not be paid for the holiday
unless worked, in which case he shall be paid only at his regular rate of pay.
5. Police officers shall be credited with 8-hours if employee is assigned to an 8-hour
shift or 10-hours if employee is assigned to a 10-hour shift for holiday leave with pay for each of
the above holidays during the period of the calendar year the officer worked.
B. Vacations.
1. Police officers shall be entitled to 120-hours vacation a year which shall accrue on
the basis of 26 biweekly pay periods a year. Police officers be.qinnin,q their [w!th !5] 16th year
'~'~ ...... ~ of continuous service shall begin to accrue 144 hours of vacation a year which shall
accrue an the basis of 26 biweekly pay periods a year. Police officers beginning their 21`t year qf
continuous service shall begin to accrue 168 hours of vacation a year which shall accrue on the
basis of 26 biweekly pay periods a year. Police officers beglnnin,q their 26th year of continuous
service shall beain to accrue 200 hours of vacation a veor which shall accrue on the basis of 26
biweekly pay periods a year. After 30 years of continuous service, police officers shall accrue 240
[. vv~ hours a year which shall accrue on the basis of 26 biweekly pay periods a year. For police
officers scheduled to work 40-hours a week, 8 working hours per day shall be counted as used for
vacation purposes, rc .... I1~-~ ~.'~l ...... I~.NJ ,I~N ,I. ...... I~ .~ 1 ~ .~,Og~ ~ ¥~.1~., 0 ~: .... I~I~.~ N
2. When the City schedules vacations, employees shall be given preference as to
vacation selection on the basis of seniority by work unit to the extent that such scheduling will not
interfere with City operations. Work units shall be defined by the City.
3. All employees hired after October 16, 1998, shall be allowed to accrue unlimited
vacation leave hours (includes holiday leave hours), but upon retirement, resignation or
termination the employee shall not be paid In excess of 480-hours. All employees hired on or
before October 16, 1998, shall be allowed to accrue unlimited vacation leave hours (includes
holiday leave hours), but upon retirement, resignation or termination the emPloyee shall not be
paid for accrued hours In excess of a cap of 720-hours plus an amount equal to the accrued
hours the employee had on the books as of October 16, 1998. The City shall notify each
employee as to what their accrued vacation leave bank was as of October 16, 1998.
(For example, a cuffent employee had 500-hours of accrued leave on the books as of
October 16, 1998. Upon retirement, resignation or termination the employee had 1800-hours of
accrued leave. The City shall pay the employee for 1,220-hours - includes the 720-hour cap plus
the 500-hours for that employee as established on October 16, 1998. If upon retirement,
resignation or termination, the employee had 650-hours of accrued leave, the City shaft pay the
employee only for 650-hours.)
C. Personal Leave.
Employees are entitled to 4C-hours of [thr~e J3)] personal leave [dcy~]. Personal leave is
not accruable and will be lost if not used within the particular FY received. [~
D. Milita~/ Leave, Any permanent employee who presents official orders requiring his
attendance for a period of training or other active duty as a member of the United States Armed
Forces, the Texas State Reserve Corps, or the Texas State Guard shall be entitled to military leave
with pay for a period or periods not exceeding a total af 120-hours In any one calendor year. Any
permanent employee who leaves his position for the purpose of entering the Armed Forces of the
United States, or enters State service as a member of the Texas National Guard or Texas State
Guard or as a member of the reserve components of the Armed Forces of the United States shall,
if discharged, separated or released from such active military service under honorable conditions
be restored to employment in the same position as held at the time of induction, enlistment, or
order to active Federal or State military duty or service if still physically and mentally qualified to
perform the duties of such position. In order to qualify for re-employment, the employee must
make written application for re-employment, within 90-calendar days after discharge or release
from active Federal or State military service, to the head of the department In which he was
employed prior to entering such military service.
29
E. Special Leave.
1. In addition to leaves authorized above, the Chief may authorize an employee
to be absent without pay for personal reasons for periods not to exceed 240-hours, Leaves
without pay in excess of 240-hours and not exceeding 365-days shall requlre approval of the City
Manager.
2. The City Manager may authorize special leaves of absence with pay for any
period or periods not to exceed 365-days for the following purposes: Affendance at college,
university, or business school for the purpose of training in subjects relating to the work of the
employee and which will benefit the employee and the City service, serving on a Jury or
attending a court as a witness; and for purposes other than the above that are deemed
beneficial to the City service.
3. The City Council, upon the recommendation of the City Manager, may grant
leaves of absence with or without pay in excess of the limitations above for the purposes of
attending extended courses of training at a recognized university or college and for other
purposes that are deemed beneficial to the City service.
F. Line of Duty Injury or Illness. No sick leave shall be charged for an injury or illness
sustained in the line of duty. Employees shall be paid injury leave in an amount not to exceed
their regular salary as provided by the state law for injuries occurring while in the course of
employment. The use of accrued sick leave may be granted to any officer at the discretion of lhe
Chief for job related illnesses or injuries after injury leave has been exhausted. Line of duty illness
shall be defined as an illness which has been directly and substantially caused by the duties of
the position, in the event the Chief denies a request pursuant to this section, the officer may
appeal such denial in writing within 10 working days to the City Manager. The City Manager shall
render a decision on the appeal in writing within 10 working days of receipt of the appeal. The
determination of the City Manager shall be final and binding on the parties and shall not be
subject to appeal to a grievance, arbitration or any other body.
G. Administrative Leave. Assistant Chiefs and Commanders may receive administrative
leave time for work performed in excess of their regularly scheduled duties. Said leave time may
be granted at the discretion of the Chief, subject to scheduilng and manpower contingencies
that may arise. Said administrative leave time shall, in no event, exceed that amount of time that
Assistant Chiefs and Commanders have accumulated in excess of their regularly scheduled work.
H. Leave Buy-Back. Effective August 1, 1999, each employee may elect to sell back to
the City 2-hours of vacation leave for every hour of vacation leave used during the fiscal year not
to exceed 80-hours per fiscal year. Selling vacation leave hours to the City under this provision
shall be in lieu of any other option to vacation days under this Agreement or any other Cily policy
or practice. The City shall distribute funds in cash or as contribution to deferred compensation or
as otherwise directed by the employee. Any costs incurred for the transfer of funds for distributions
other than direct payment to the employee shall be the responsibility of the employee. The
employee shall be required to give notification of the vacation leave sell back on or before
December 1 and June 1 of each year,
I. Sick Leave arid Pool. Each police officer shall accumulate 120~hours of sick leave with
pay per calendar year. The sick leave pool will have a maximum balance of 8,000-hours. When
the total number of sick leave pool hours drop below 3,200-hours, 8-hours of sick leave with pay
for each officer shall become part of the sick leave pool, until the pool reaches its 8,000-hour limit,
and any remaining hours shall continue to be credited to the individual officer. If an employee
3O
does not hove 8-hours of accrued slck leave, the employee shall be debited 8-hours from
comoensatorv time or vacation leave days, in that order. Upon completion of probation, each
officer shall have 8-hours of sick leave credited to the pool. No officer shall be eligible to draw
sick leave pool hours until 8-hours of his sick leave hours is credited to the pool. The following
requirements determine when sick leave pool hours may be drawn:
1. Officers with four 14) years or less service may use pool hours after 80-hours of
continuous non-job related illness or injury. The first 80-hours shall be charged to the officer"s
accumulated sick leave or vacation leave, or, if personal sick leave has been exhausted, to dock
time.
2. All other officers may use pool hours after 80-hours of continuous non-job related
illness or injury. Provided, however, in addition, before being entitled to use hours, such an officer
must first use all his accumulated personal sick leave in excess of the amount payable upon
termination. Pool days mav only be used for dlsabilltv, which Is defined as non-job related Injury or
illness which incapacitates an officer.
3. No officer shall be permitted to use more than 1,440 pool hours for a single illness or
injury.
4. Pool hours may not be used for injuries or illnesses sustained in the line of duty.
Injuries or illnesses sustained in the line of duty shall be compensated entirely under the terms of
Article Xl (Section F) of this Agreement relating to "'Line of Duty Injury or Illness."
5. The number of hours in the pool shall be solely for the benefit of officers with
extended injuries or illnesses, and such hours shall not revert to the accumulated sick leave of
individual employees.
6. Pool time may only be used for disability, which is defined as a non-job related
injury or illness which prevents an officer from fully performing assigned duties In all major divisions
of the department.
7. Treatment for alcoholism, drua related problems and mental illness is not normally
considered eliaible for the Deal. However, in a case where the employee is beln,q treated for the
first time for an alcohol, drua-related problem or mental illness and Is certified by a physician or
psychiatrist as reaulrina confinement in order to be treated and cured, use of the pool may be
approved. Provided the employee is eli.clible time-wise, up to 40-days may be chortled against
the pool in such case. Need for repeated treatments to cure alcoholism, dru.q related problems,
or mental illness will not be considered as bein.ct eli.qible for the pool.
J. Other Leave Time Policies. The City shall maintain all other leave time policies affecting
police officers currently in effect and not otherwise altered by provisions of this contract.
K. Bereavement Leave. Upon the employee's request due to the death of an
immediate family member, 3 duty days of bereavement leave shall be qranted. Immediate
family members shall include the emDIovee!s Darents, spouse, children, brothers, sisters, mother-in-
law, father-in-law, brothers-in-law, and sister-in-laws, employee's or spouse's .qrandparents and
arandchlld.
L. Funeral Benefit. The City Mana.aer shall approve uP to $8,000 in documented funeral
expenses for employees who lose their lives In the course and scope of employment.
3!
ARTICLE Xll - PERSONNEL PRACTICES
A. Interchanaeable Use of Police Officers and Senlor Police Officers. Senior Police
Officers and Police Officers may be freely uflllzed Interchangeably In positions presently staffed by
either classification in the various divisions with Jhe following exceptions where only Senior Police
OfficerJ; may be permanently asslaned:
3.
4.
5.
6,
Criminal Investigation Division
Field Tralnlna Officer
Division of Professional Standards
Special Services Division
Or,qanized Crime Unit, and
Trolnlna Dlvlslon
In the event of exj.clent circumstances, the Chief of Police may asslan an employee from the rank
of police officer to work in orle of the SPa 0nly positions for a ~efiod not to exceed 90-calendar
days durlna a calendar year. This Period maY be extended for one additional ?O-calendar day
period.
B. DisabillN.
1. A disability shall be defined as a physical injury or illness which prevents an officer
from fully performing assigned duties in all major divisions of the Department,
2. A permanent disability shall be defined as an injury or illness which disables an
officer to the extent that it cannot be said in reasonable medical probability that the officer will
be able to return to full duties within one calendar year.
3. The Chief may at any time require a medical examination to determine if an
officer is permanently disabled. When it is determined that an officer Is permanently disabled, the
Chief shall be entitled to termlnate or refire the officer, whichever is applicable. In the event the
Chief determines, after consultation with the City Physician, that the officer is permanently unable
to perform his or her job duties, he may Institute Immediate termination or retirement if
applicable. An officer may call for further examination by a board of 3- physicians. One such
physician shall be appointed by the City, one by the officer and the third by agreement of said
physicians. The officer and the City shall pay their own appointed physicians and the parties shall
share equally in the cost of the third physician. The majority finding of the 3-physicians as to
whether a permanent disability exists shall be final and non-appealable.
4. Upon termination or retirement for permanent disability, the officer shall be
entitled to a lump sum payment for all his accumulated personal sick leave, but shall not be
entitled to use or be compensated for any pool hours.
5. Upon any employee's being absent from duty for 90-working days as a result of a
single illness or injury, the Chief shall immediately require the employee to submit to a medical
examination to determine whether the employee is permanently disabled, such determination to
be made in accordance with the procedures in the preceding paragraph.
6. An officer who has previously been declared permanently disabled may be
eligible for re-appointment to the service by the Chief upon certification by the City Physician
that he or she recovered from the disability and ls able to perform full duties. Provided, however,
after two years from the date of such disability the employee shall no longer be eligible for re-
appointment. In the event the Chief denies a request for reappolntment pursuant to this section,
32
the officer may appeal such denial in writing within 10 working days to the City Manager, The City
Manager shall render a decision on the appeal in writing within 10 working days of receipt of the
appeal. The determination of the City Manager shall be final and blndlng on the parties and shall
not be subject to appeal to a grievance, arbitratlon or any other body.
C. Civil Service Internal Investia~ations, The Civil Service Commission shall not conduct
investigations of internal affairs within the Police Department. The term "investigation"" means
investigations of alleged misconduct of one or more police officers by the internal investigation
unit of the Police Department. It is agreed that such Internal investigations shall be the duty and
responsibility of the Chief of Police, This specific alteration of Chapter 143 is authorized by Chapter
174, Local Government Code, the Fire and Police Employees Relations Act.
D. Civil Servtce Commlssion Records. All rules, opinions, directives, decisions, and orders
issued by the Civll Service Commission shall be preserved in wrlflen mlnutes. Such actions need
not be copied verbatim in the minutes; it shall be sufficient to accurately summar"~.e such actions,
The Chairman or, in his absence, the Vice-Chairman of the Commission shall sign the minutes; the
signatures of the concurring members on any action shall not be required. The Commisslon may, if
it desires, cause any rules, decisions, directives, or orders to be reduced to writing, apart from the
minutes. All such written records of the Commission shall be public records.
E. Notice of Shift Chanae, Job Assianments and Transfers,
The Chief of Police [C!.*¥] shall post the monthly shift change schedule at least 48-hours
prior to the beginning of said shift change. This requirement shall not limit the Chief of Police
[C!.~,~,] right to reassign employees on short notice to other shifts, based upon scheduling and
manpower contingencies that may arise.
Recoanlzina that shift chanaes, transfers and lob asslanments may require the assessment of a
number of factors, the Chief of Police maintains the ri.qht to make all shift chan.qes, transfers arld
lob asslanments in accordance with its determination of what Is in the best interest of the
Department. The Chief of Police shall adopt and provide a copy of the departmental transfer
i~ecedure to each employee.
Except in the case of an emeraencv, or unless operational circumstances require otherwise, |oh
vacancies will be brouaht to the attention of employees so that those Interested in a vocar~t
position may express their interest to the supervisor who is responsible for selection. Notice of
vacant ~osiflons. skills required, and process to be used to make the selection will be posted on
the department bulletin boards in the form of a staff memorandum or emailed to all employees.
The Chief of Police shall make a reasonable effort to as~;ure that all ell~lible employees under his
command are aware of the vacancy and the process to be used to make the selection.
Employees who are interested In a vacant position should contact the appropriate supervls0r in
writln.q. Before the vacancy is filled, employees will be allowed a reasonable amount of time to
apply. Skills, knowledae, abilities, trainina, previous exDerlence and seniority shall be amor~,g the
factors considered in the policy adopted by the Chief of Police. The Chief of Police shall post the
results of his decision on the filllna~ of any lob vacancy.
Although not subject to the arievance procedure, should an employee feel that a mlsqpplication
of this provision in reqards to shift chanaes, tTansfers or !ob asslanments has occurred, he or she
may file an informational complaint with the Chief of Police. The Chief of Police shall meet
personally with the employee within 30 calendar days of the complaint beIFlg filed,
Althouah not sublect to the arievance procedure, should the Association that there
has been
a misapplication of this provision in reaards to the policy or process reaardlna shift chanaes,
transfers or lob assl.clnments, the Association may file an Informational complaint with the Chief of
Police. The Chief of Police shall meet personally with the Association and respond in writina to all
Association Informational complaints within 30 calendar days of the complaint beln.q filed.
F. Wearin.q of Uniform on Off-Duty Security Job~. An '"off-duty security job" shall be
defined as off-duty employment, the primary purpose of which is to utilize, or to potentially utilize,
the training and police powers of the Corpus Christi police officer. The Chief may at his discretion,
require a police officer working an off-duty security job to wear a police uniform during his first
year of employment. After the first year of employment, the Chief may require a police officer
working an off-duty securlty job to wear a police uniform where the circumstances clearly
demonstrate that by said officer's failure to wear a uniform, he would present a danger to the
public, the secondary employer, and the efficiency of the Police Department. The criteria that
the Chief shall consider in determining whether or not a danger exists includes:
1. The secondary job assignment;
2. The officer's personnel evaluations and experience;
3. The officer"s prior disciplinary record; and
4. The presence or absence of commendations and awards.
G. Entrance Examinations. Entrance examinations may be administered at any time to
qualified groups or individual applicants. Names placed on the eligibility list for entrance
appointments shall remain on that list for 365-calendar days from the date of the written
examination. The eligibility list shall exist continually as names are added and deleted. No
applicant shall be permitted to take an entrance exam more than once during a 365-calendar
day period.
thc Department and thc C~/.]
H. Alternate Hirinq Process. The City and the Association shall make a good faith effort
to develop an alternate hiring process to be entered into between the City and other Texas cities
providing for lateral transfer of officers from one city to another without restricting a transferred
officer to entry level rank. Any such agreement may be made by the Police Chief subject to
approval of the Association"s Executive Board, and shall be written and signed by the Chief af
Police and no less than 3-members of the Executive Board.
The Chief, without regard to the existence of or requirement for any eligibility list for
beginning positions in the Department, may appoint applicants to beginning positions in
accordance with this alternate hiring process. Each applicant must I1) have a current TCLEOSE
peace officer intermediate certification; (2) be employed or have been employed for at least 3
continuous years as police officer by an incorporated Texas city, as a deputy sheriff in any Texas
County of at least 120,000 population according to the most recent U.S. Census, or by the Texas
Department of Publlc Safety; and {3) actively worked as such within the 365-calendar day period
preceding his application.
Each applicant must successfully complete entry requirements, including a medical
examination, a physical fitness examination, a written proficiency examination to identify writing
skills and knowledge of Texas law, a background investigation {to include a polygraph), a drug
test, a psychological examination, a panel interview Ipanel to be appointed by the Chief) and
any other current eligibility requirements deemed appropriate by the Chief.
Applicants who are appointed must successfully complete an academy specifically
designed for applicants who are hired in accordance with this alternate hiring process.
The Chief, in his sole discretion, may deny the application of any applicant at any time.
Such decision shall not be appealed to arbitration, to the Commission or to any Court and shall
not be subject to the grievance procedure in this contract.
The beginning salary of officers appointed under this alternate hiring process shall be
equal to the 30-month Police Officer salary. These officers shall become eligible to take the Senior
Police Officer exam 30-months [~,ee~] after appointment. These officers shall be
treated as new employees for all other purposes, Including seniority, benefits and eligibility for
promotion.
Officers hired under this alternate hiring process shall serve a 180-calendar day
probationary period beginning with completion of the academy and may be discharged during
this period at the discretion of the Chief, without appeal to arbitration, to the Commission or to
any Court and shall not be subject to the grievance procedure in this contract.
I. Alternative Hirina - Reinstatement
The Chief, at his sole discretion, may rehlre police officers who terminate their
employment with the City of Corpus Christi and request In writing to be reinstated within 18-
months. The rehired officer shall be required to enter at the rank of police officer regardless of the
rank they held when they terminated their employment. The rehired officer shall be allowed to
retain all seniority they held prier to terminating their employment, however, the rehlred officer
~ *~ ..... ~'~ to be eligible to take the senior officer
must wait 18-months [ ....
~- ~ ,. for pmmoffon~. If rehlred, the officer shall not be requlred to take the civil
examination [ .... tc
service enffance examination or to re-enter the basic aCademy. For example, a rehlred officer
who had five years of seniority when they terminated their employment would be rehlred at PO7
at the 42-month pay step. When a rehired {reinstatedl officer passes the senior officer
examination, he or she shall retain all seniority he er she had as a senior officer pr or to terminatinq
their employment. For examole, if an officer had 5 years of servlce In the rank of senior officer
when he or she terminated their employment, the officer shall be credited with 5 years of seniorlty
as a senior officer when they pass the senior officer examination after beina rehlred {reinstated},
and shall be paid as a 5-year senior officer. However, a rehlred {reinstated) officer Who makes
senior officer a.qain shall serve for a period of two continuous years before beincl eli.clible to tak~,
the lieutenant's examination. The Chief shall have the right to require a rehired officer to
successfully complete a designated course of in-service training and to impose a 180-day
probationary period from the date of rehire during which the officer may be dlscharged at the
discretion of the Chief without appeal to arbitration, to the Commission, or to any court and shall
not be subject to the grievance procedure in this agreement.
J. Mandatory Random Dru.q Testln.q. The City and the Association agree that police
officers may be called upon in hazardous situations without warning, and that it is imperative to
the Interest of police officers and the public to ensure that police officers are not substance
impaired. In order to further their joint interest in protecting police officers and the public, the City
and the Association agree to mandatory random drug testing described in this section. Thirty
percent (30%~ of police officers of all ranks shall be mandatc~y random drug tested during each
calendar year on a fair and impartial statistical basis as provided In the Police Department's Drug
and Alcohol Pollcy. The fair and Impartial statistical basis lin whlch each police officer has an
equal chance of being selected) shall be by a non-discriminatory computerized program
operated and certified as non-discriminatory by an independent firm hired by the City, and the
employee shall be tested upon being selected by the computer.
An employee's mandatory random drug test results and related collection and diagnostic
information shall be disclosed to the City to administer and enforce the Police Department's
Alcohol and Drug Policy and this Collective Bargaining Agreement. The City and the Association
otherwlse regard an employee's mandatory random drug test results and related collection and
diagnostic information as confidential.
The City and the Association have a mutual interest in ensuring that drug impaired
employees do not perform law enforcement duties. The City and the Association agree that the
purpose of the mandatory random drug testing is not to punish an employee who has not
violated the Police Department's Drug and Alcohol Policy. The City and the Association are
committed to the principal that the mandatory random drug testing for employees is designed
and will be administered to result in disciplinary action only against those officers who have
violated the Police Department Drug and Alcohol Policy.
The City has developed a Police Department Drug and Alcohol Policy with procedures
and protocols which follow the requirements of SAMHSA/CAP FUDTP. The section of the Police
Department Drug and Alcohol Policy dealing with mandatory random drug testing and the
consequences thereof is subject to amendment by the City only as the City determlnes ls
necessary to follow the requirements of SAMHSA/CAP FUDTP. A grievance regarding the
application, interpretation or enforcement of the language in this section is subject to mandatory
arbiiTation. The sample for testing shall be a split sample. The City shall require any laboratory
selected for collecting samples, to conduct a background investigation on those laboratory
personnel involved in the collecting or handling an unsealed sample. In addition, the City shall
require any laboratory selected for collecting samples to use only employees who have not been
arrested by members of the Corpus Christi Police Department or convicted of a felony or
misdemeanor crime involving dishonest conduct or possession of illegal drugs to be involved in
the collecting or handling of an unsealed sample collected from a Corpus Christ Police Officer.
Test results shall be inadmissible in any administrative disciplinary hearing if it is determined that
the laboratory cgllecting samples has failed to conduct a background investigation on the
laboratory personnel involved in collecting or handling the unsealed sample which resulted in a
positive test result. The burden of showing that a background investigation was not conducted
shall be on the party seeking to have the test results excluded from the administrative hearing.
The Cily shall use only a SAMHSA/CAP FUDTP certified laboratory for mandatory random drug
testing and shall require that such laboratory comply with the requirements of SAMHSA/CAP
FUDTP. The results of the test shall be sent by the laboratory to the Medical Review Officer via
express mail service. The test shall be a Police Department ten I10) panel test as set out in the
Police Department Drug and Alcohol Policy. The specimens collected for testing shall be
maintained in a secured area until picked up by the courier. The City shall use only a Medical
Review Officer (MRO) for the City of Corpus Christi who is a licensed physician and who is certified
as a Medical Review Officer by the American Association of Medical Review Officers.
Nothing in this article shall be consfrued to abolish the existing authority and practice of
the City to conduct drug test for:
1. Pre-employment
2. Pre-assignment for Vice, Narcotics, Organized Crime or Emergency Reaction Units or
as a dispatcher or clerk in the Communications Division or as a Bomb Technlclan or as
a member of the Peer Support team.
3. Reasonable suspicion
4. On return to duty after an absence of 30-calendar days or more.
5. Post - accident
Post - fire arm discharge
Such test will be conducted under the same laboratory processes and protocols as
mandatory random testing.
K. Layoffs, Recalls and Reductions in Force. Layoffs, recalls and reductions In force shall
be pursuant to Chapter 143.085, Local Government Code.
ARTICLE XIII - PROMOTIONS
A. Postina and Administration of Promotional Examinations. A listing of materials from
which promotional examination questions are taken shall be posted annually each January for
examinations administered within the 365-calendar day period beginning the following April. The
City shall post the date of the examlnalion and a listing of the above materials no later than 60-
calendar days prior to an affected examination.
Study materials will be available at least 60-calendar days prior to an examination. No
competitor for an exam may receive from an authorized or unauthorized person any part of a
promotional examination for unfair personal gain or advantage.
With respect to vacancies in the ranks of Lieutenant and Captain, where no current
eligibility roster exists, the City shall have 120-calendar days from the date of vacancy to
complete the administration of written and Assessment Center examinations and post an
eligibility roster. The Chief shall have 30-calendar days from the posting of a Lieutenant or Captain
eligibility roster to review the candidates and select an appointee, even if posting should for
some reason occur more than 120-calendar days from the date of vacancy. For the purposes of
this agreement, the term "vacancy" shall occur whenever no person holds the position or a
person previously holding the position is permanently disqualified from maintaining the position. A
vacancy does not occur during the pendency of a person's appeal of a suspension, indefinite
suspension or demotion.
B. Promotional Examination Corrections. The Civil Service Director shall have authority to
recommend to the Civil Service Commission changes to entrance, or promotional examination
questions where clerical errors in compiling the test questions have been discovered or where a
question arises as to general accuracy.
C. Senior Police Officer's Proficiency Examination, Permanent police officers on the
effective date of this Aglreement who have [o'.'or.~-~'~.~j 30-months of service in the Corpus Christi
Police Department after commissioning as a police officer and possesses either an li~termedlate
Certificate from TCLEOSE or at least 60-hours of collecle credit from an a~credited colleqe or
university shall be eligible to take an individual pass-fail written proficiency examination to qualify
for immediate advancement to the rank of Senior Officer. [P:ov!dod,..w,,~,v,, ~' ................ v~.w...v.v,,.*' "" ~'"~',,~,,, a
~,,~ ................ Proficiency examinations shall be
administered on a semi-annual basis. One test shall be given within one-month of each academy
becoming eligible. If only one academy is eligible in any given year, the second test shall be
given within six-months of the last test if there are any eligible officers. Officers shall advance only
after successfully passlng the examination by correctly answering at least 70% of all questions
provided In the test. The results of the proficiency test with the exception of fraud, shall not be
appealable to the Civil Service Commission or arbitration.
Probationary police officers as of the effective date of thls Aareement and police officers
employed after the effective date of this A~reement who have 60-months of service In the
CORPUS Christi Police Department after commisslonln.a as a police officer and possesses either an
Intermediate Certificate from TCLEOSE or at lea~t 60-hours of colleae credlt from an accredited
colle~le Or university shall be ellctible to take an individual DOSS-fall written proflclencv
examination to aualifv for Immediate advancement to the rank of Senior Officer. Proficiency
examinations shall be administered on a semi-annual basis. One test shall be given within one-
mortth of each academy becomlnc~ eligible. If only one academy Is ellaible In any alven year,
the second test shall be glven within six-months of the last test if there are any elialble officers.
Officers shall advance only after successfully passlna the examination by correctly answerlna at
least 70% of all questions provided in the test. The results of the oroficlencv test with the exception
of fraud, shall not be appealable to the Civil Service Commission or arbitration.
D. After Acquired Educational Requirement for Lieutenants Promoted to Captain.
Lieutenants promoted to Captain after the effective date of this Aareement who do not have a
bachelor's degree from an accredited college or unlversiN shall be reaulred to obtain a
bachelor's dearee from an accredited collefle of universltv within 48 calendar months of their
promotion. This section does not apply to employees oromoted to Captain orior to the effective
date of this Aareement. An employee who fails to obtain the reaulred bachelor's dearee shall be
demoted to Lieutenant. An employee so demoted shall have no rlaht to prior notice, a statement
of charges, or to file a arievance or to appeal the demotion, and the Commission shall have no
~urisdlctlon, power, or authority to invesfl.qate or review such demotion or to alter the terms of such
demotion. Upon demotion from the Captain classification, an employee shall resume the
comoetiflve classification of Lieutenant from whlch he was promoted and his salary shall be in
accordance with said competitive classification with servlce time credited as continuous time In
that competitive classification and with all salary increases to which he would have been
automatically entitled had he continuously remained In said comPetitive classification. Wher~
emolovee is demoted, the demoted employee shall not "bump"' another emolovee who is in the
competitive rank of Lieutenant.
E. [t~.] Appointment of Assistant Chiefs and Commanders. All promotions to the
classifications of Assistant Chief or Police Commander shall be exempt from competitive
examinations, and instead shall be made by appointment by the Chlef. The appointment shall be
within the discretion of the Chief, provided that the Chief shall promote the employees from the
classifications specified elsewhere in this agreement. CaDtolns [Parsons] appointed to [A,s's!stant
Ch!of or] Commander after the effective date of this agreement who do not have a bachelor's
degree from an accredited college or university shall be required to obtain a bachelor's degree
from an accredited college or university within 48-months [60] calendar months of appointment
by the chief. Persons who fail to obtain the required bachelor's degree shall be removed from the
appointed position by the chief. Captains or Commanders appointed to Assistant Chief after the
effec;tive date of this a.clreement who do not have a master's degree from qn accredited
colleae or university shall be required to obtaln a master's dearee from an accredited colleae or
universlty within 60 calendar months of appointment by the, chlef. Captains or Commanders
appointed to A~lstant Chief after July 31, 2005 who do not have a master's decree from an
accredited colle.cle or university shall be required to obtain a master's de.clree from an
accredited colleae or university within 48 calendar months of appointment by the chief. Persons
who fail to obtaln the required masters degree shall be removed from the appointed position bv
the chief. Employees appointed to the positions of Assistant Chief or PoliCe Commander under
the provisions set out herein may be demoted from sold position at the discretion of the Chief. An
employee so demoted shall have no rlght to prior notice, a statement of char.qes, or to file a
grievance of to appeal the demotion, and the Commission shall have no jurisdiction, power, or
authoflfy to investigate or review such demotion or to alter the terms of such demotion. Upon
demotion from such an appointed classification, an employee shall resume the competitive
classification from which he was appointed and his salary shall be in accordance with said
competitive classification with service time credited as continuous time In that competitive
classification and with all salary increases to which he would have been automatically entitled
had he continuously remained In said competitive classification. When on employee is demoted
in rank from an appointed classification due to a reduction in force, the demoted employee shall
not"bump" another employee who Is in a competitive rank.
F_. [~.] Probationary Period for Lieutenants and CaDtalns. Employees promoted to the
rank of Lieutenant or Captain may be demoted at the discretion of the Chief, without appeal to
the Commission at any time during the 365-calendar day period subsequent to being so
promoted. An emolovee so demoted shall have no rlaht to prior notice, a statement of chOr~les,
or to file a arlevance or to appeal the demotion, and the Commission shall have no jurisdiction,
Dower, or authorlh/to Investiaate or review such demotion or to alter the terms of such demotion.
G. [6] Filling Vacancies Below Commander. Upon written request by the Pollce Chief for
a person to fill a vacancy in any classification below the rank of Commander, the Commission
shall certify to the Police Chief the names of the 3-persons on the ellgibility list having the highest
grades for the posltlon to be filled, and the Police Chlef may select any one of the 3-persons so
certified. The Police Chief need not state In writing his reason for selection or rejection of any of
the 3-persons certified by the Commission. In the event a person rejected desires to appeal the
action of the Police Chief, such appeal shall be to an arbitrator selected as spectfied In
paragraph E of Article 6, and there shall be no appeal to the Civil Service Commission. The
person rejected who desires to appeal the action of the Police Chief is charged with the burden
of proof of showing that the rejection was for some reason other than the officer's ability to
perform at the higher rank. The arbitrator may overturn the declsion of the Chief. The question of
rejection on the part of the Police Chief shall be determined by the arbitrator, To the extent thls
paragraph alters any provision of Chapter 143, Chapter 143 is so altered, and it is mutually so
agreed.
H. igc] I~li.qiblllty for Promotion. The following minimum rank and service shall be required
of all officers prior to participating in any part of the promotional procedure as set
forth In this contract.
CLASSIFICATION MOS./YRS CONTINUOUS OTHER REQUIREMNTS PROMOTIONAL
SERVICE/FDUCATION CLASSIFICATION
Police Officer Permanent Police Officers Written Proficiency Senior Police Officer
as of the effective date of
this Aareement are reauired
to h~ve 30 months prior to
exam Iwith requisite
probation) and an
Intermediate certificate or
60-hours of colleae or an
Associate dearee.
Probationary Police Officers
as of the effective ~at~ of
this Aareement and Police
Officers employed after the
eftective date of this
Aareement are reauiregJ to
have 60 months Dtior to
exam IwJlh reaulslie
orobationi and a~
Infermeaiate certificate or
60-hours of coJJeae or an
Associate dearee.
Senior Police Officer 24,-months [4 ;'o~rs] of Promotional Exam Lieutenant
service in rank Jd~p-'_~c~t]
immediately prior to the
exam and an Intermediate
certificate or 60~ours of
qoileae or an Associate
dearee
Lieutenant 2 years in rank immediately Promotional Exam Captain
prior to exam and a
bacheJor's dearee within
48~nonfhs of promotion to
Captain
Captain 2 years service in rank Commander
immediately prior to
appointment and a
k~gchelor's dearee within
48-months of appointment
as Commander
Captain or 4 years service in rank A total of 6 years service in Assistant Chief
Commander immediately prior to the depadrnent
appointment grid a master~
dearee within 48-monJhs of
appointment as Assistant
Chief
I. [N~.] Promotional Procedures. The promotional examination procedure for the
classification of Lieutenant and Captain shall consist of 2 parts as follows:
1. Written ,Examination - Shall consist of questions relating to the speciflc duties of
the position to be tilled. The written examination shall have no specific failing score but will
provide a ranking of participants from high to Iow score. In the event that written examination
scores are the same, the earliest time for submitting the examination form to the test administrator
for grading shall determine respective standing. Only the highest 10- scorers from the Captain's
written examination shall be allowed to continue on to the next phase of the examination
process. Only the highest 15-scorers from the Ueutenant's written examination shall be allowed to
continue on to the next phase of the examination process (Assessment Center).
The City will engage an independent consultant firm to professionally develop the
written examination questions after consultation with the Human Resources Department. Such
firm shall deliver the examination questions in a sealed and secured manner confidentially to the
Human Resources Department which will maintain them confidential, in a safe and secure
manner. Under no circumstances shall the examination questions be taken out from under the
confidential supervision and control of the Human Resources Department.
2. Assessment Center Examination - Shall consist of:
Six certified potice officers from outside the Police Department holding comparable
or higher positions in a Police Department operating in a city of 100,000 or more population shall
be selected to serve as assessors. All Assessors may be chosen by the Association and must have
received authorization to participate by his/her respective Department. One of the 6-assessors
may be chosen from out of state. The Chief shall have the right to review the list of assessors and
may strike no more than 3 names from the list. If the Chief exercises the right to strike, he must
provide a replacementJs) within 5-calendar days of reviewing the list. The identification of the
4O
assessors shall be keep confidential. The Association President or Designee who develops the
assessor list must not be a candidate for the promotional exam for which the list of assessors has
been developed. All assessors must be chosen prior to the scheduled date of the written
examination.
The assessment center examination datels) will be posted on the same day the
written test announcement is posted. Assessors shall be trained in the methods to be used in
administering the test for a minimum of eight hours. All candidates will be given the opportunity to
attend a classroom orientation period concerning the assessment center process. The orientation
will include general information concerning the exercises they will be taking during the
assessment process. The independent consultant shall develop at least three exercises which
he/she determines adequately assess measurable dimensions of the Job analysis.
Feedback shall be provided to each candidate in a '~eedback"' session by the
assessment center coordinators. The purpose of thls session will be to provide each candidate
with his/her score, what areas he/she excelled in, what areas he/she did poorly In, and what they
might do to improve their performance in the future. The scores of the assessment center shall
count 60% of the combined score and the written examination scores shall count 40% of the
combined scores to determine the final ranking when one-point for each year of service is added
up to a total of 10-points maximum for seniority.
J. [~] Eliaibiiitv Ust. Within 48-hours of the completion, excluding weekends and holidays,
of the Assessment Center Examination, an eligibility list shall be prepdred and posted with the
respective ranking of all applicants based on the following weights:
(lJ Written Examination
(2) Assessment Center Examination
4O%
60%
Seniority Points on Lieutenant's Examination
1 point for each year of service in the Department
up to a maximum of 10 points
Seniority Points on Captain's Examination
1 point for each year of service in rank up to a
maximum of 5 points
100%
10 points
110 Maximum Points
5 points
105 Maximum points
The results of the Assessment Center shall be binding for 365~calendar days and with the
exception of fraud, shall not be appealable to the Civil Service Commission or arbitration.
K. [~.] Nepotism.
1. Promotions. This section shall take precedence over any other provisions of
this Article or Agreement. If a relative of the Chief is a candidate for lieutenant or captain and
qualifies by written examination to continue with the assessment center examination, the Chief
shall not participate in the promotional process or in making of any appointment from the list
4!
established there from and the City Manager shall exercise all of the contractual and statutory
authority of the Chlef with respect to said process and appointments. If the Chief's relative is
promoted, the Chlef shall not partlclpate In the probationary review of the relative under Section
E of this Article, and the City Manager shall exercise all of the Chlef's authority under Section E
and any related statutory provision. The Chief shall not participate In any other action which
would affect the relaflve's promotion or probationary review, and the City Manager shall exercise
all contractual and statutory authority which the Chief would otherwise exercise In connection
with any such action. '*Relative" is a person related to the Chief within a degree described by
Section 573.002, Texas Government Code.
2. Transfers. This section shall take precedence over any other provisions of
this Article or Agreement. If a relative of the Chief requests an inter-divisional personnel
transfer, the Chief shall not participate in the decision-making process or in making any
transfer. The City Manager" pursuant to General Rules Manual 1.12 shall exercise all of the
contractual and statutory authority of the Chief with respect to said transfer. ~Relative" is a
person related to the Chief within a degree described by Section 573.002, Texas Government
Code.
L. [~] Chapter 143 Applicability. No portion of Chapter 143 is applicable to the
promotional process for assistant chief, commander, cal~tain or lieut(~nant with the exception of
143.0321h]111, 143.034 and 143.028 ici.
ARTICLE XlV - EMPLOYEE MANAGEMENT RELATIONS
A. Labor Relations Committee. The City and the Association, having recognized that
cooperation between management and employees is indispensable to the accomplishment of
sound and harmonious labor relations, shall jointly maintain and support a labor relations
committee. The labor-management committee shall consider, discuss and recommend to the
Chief any problems pertaining to the employment conditions of employees. Matters subject to
the grievance procedure shall not be appropriate items for consideration by the labor-
management committee. The labor management committee shall consist of the following: (1)
Director of Human Resources or his/her designee; (2) The Chief or his/her deslgnee, who shall be a
police officer within the Police Department; (3) the Association President or his/her deslgnee, who
shall be a police officer from the Police Department from the Association; (4) the Association
Vice-President or his/her designee, who shall be a police officer from within the Police
Department from the Association; and (5) a member of the Association designated by the
President who must be a police officer within the department. There 5hoII be cf written a.qer~da of
matters to be discussed. Officers desirlna items placed on the wrltten aaenda shall forward the
matter In wrltln.q to the Office of the Chlef of Police throu.qh the President of the Assoclatiorl, The
labor- management committee shall meet bi-monthly unless mutually agreed otherwise, and a
written summary report of the meeting shall be generated withln 30-calendar days subsequent to
the meeting.
B. Internal Investlaaflon Guidelines. In the event that a police officer is interviewed by
a division commander, or internal investigator regarding conduct which, if proven, may result in a
suspension or indefinite suspension, the following guidelines shall prevail:
1. The interview of any employee shall be at a reasonable hour, preferably during
on-dub/hours, if posslble, but not necessarily, depending upon circumstances. In the event of a
dispute of the reasonable hour determination, the decision of the Chief shall be final.
2. The Interview shall toke place at a location deslgnated by the investigating
officer, usually at the Headquarters Police Station.
42
3. The employees shall be informed of the rank, name and command of the officer
in charge of the investigation, as well as the rank, name and command of the interviewing officer
and the identity of all persons present during the Interview.
4. The employee shall be Informed of the nature of the investigation before any
interview commences. Sufficient information to reasonably apprise the employee of the
allegations shall be provided. If it is known that the employee being interviewed is a witness only,
he shall be so informed.
5. The interview shall be completed with reasonable dispatch. Reasonable respites
shall be allowed. Tlme shall be provided also for personal necessities, meals, telephone calls, and
rest periods as are reasonably necessary.
6. The employee shall not be subjected to any offensive language, nor shall he be
threatened with transfer, dismissal or other disciplinary punlshmenl. No promise of reward shall be
made as an inducement fo answering questions. Nothing herein is to be construed as to prohibit
the investigating officer from informing the employee that his conduct can become the subject
of disciplinary action resulting in disciplinary punishment.
7. If an employee is under arrest or is likely to be, that is, if he is a suspect or the
target of a criminal investigation, he shall be accorded all rights pursuant to law to which any
citizen would be entitled.
8. At the request of the employee or the interviewing officer, the complete Interview
of the employee shall be recorded mechanically or by a stenographer. There will be no "off the
record" questions unless so agreed by both parties. All recesses called during the questioning
shall be noted in the record. The party requesting mechanical recording or recording by a
stenographer shall pay all costs of same, unless the parties agree on a cost division between
them.
9. Upon request of the employee's attorney, said attorney shall be given an exact
copy of any written statement the employee executed, or if the questioning is m~chanically or
stenographically recorded, the attorney shall be permitted to record or transcribe from the
original recording upon his request, or to purchase a copy of the original recording.
10. The refusal of an employee to answer questions and submit reports shall be
grounds for disciplinary action. Any answer of the employee may be used as evidence in any
disciplinary action against the employee.
11. The investigator for Internal Affairs in charge of the particular case is required to
inform the officer prior to being questioned, interrogated and/or investigated that he/she may
have one-representative, either an attorney, an Association representative or a personal
representative, present during the employee's interview, unless the officer in writing voluntarily
waives this right. If an officer is ordered to write a statement, the officer shall be allowed to write
the Garrity Warning on the statement. No supervisor may represent or advise his or her immediate
subordinate during any interviews conducted in an internal investigation. The Association
President may represent or advise an employee during an internal investigation.
12. The Chief of Police recoanizes the riaht of Association members to seek advice or
representation bv deslanated Association members, and to confer with such designated
Association members on reterral to le.qal counsel. Such communications ar~ prlvile.qed and shall
43
not be the subject of compelled disclosure unless exceptions to the attorney client privlleoe
would apply, had the communication taken place wlth counsel. Association members may not
be compelled to reveal the substance of communications which clearly concern Association
business: however, this provision does not insulate any behavior or conduct, including threats by
languaae or disorderly conduct from belnc~ fully lnvesflaated.
C. Leaal Defense, The City will provide a legal defense to any police officer in a civil
lawsuit, on account of any action taken by such police officer while acting within the course and
scope of the police officer's employment for the City of Corpus Christi. The City, by conducting or
participating In the employee's defense, does not assume any obligation or Ilablllty not otherwise
imposed by law and does not expressly or implledly waive an Immunity or defense which Is
available to the City. The City need not assume any obligation not otherwise imposed by law for
any judgment which Is rendered against an employee who committed intentional acts, was
grossly negligent, or reckless.
1. The police officer shall notify the City of any claim being made against such
police officer not later than 30-calendar days from that date that such police officer received
notice of such claim, and shall request the City to assume the defense of the police officer
regarding such claim. The City may require that such request be made in writing.
2. If suit is brought against such police officer, such police officer shall immediately
forward to the City Attorney even/demand, notice, summons or other process received by him.
3. Such police officer shall cooperate with the City, and, upon the City's request,
shall assist the City In arriving at seffiement agreements, and the conduct of suits, and in
enforcing any rights of contribution or indemnity against any person or organization who may be
liable for all or pad of such damages, and shall attend all hearings and trials and assist In securing
and giving evidence and obtaining the attendance of witnesses.
4. If the City Attorney undertakes fO represent the employee rather than provide
private counsel, he or she shall disclose to the employee any conflicts of Interest between the
employee and the City in the civil action. If the employee chooses not to waive the conflict of
interest, the City shall retain qualified private counsel.
ARTICLE XV - ASSOCIATION HEALTH AND BENEFIT TRUST
Funding for the Corpus Christi Police Officers' Association Health and Benefit Trust will be
made by members of the Association and the City hereby agrees to honor special assessments in
accordance with Article III (B) (3) of this contract. [FffccH;'o, ,v~,,. ^ ...... ~ ~., ~ooQ., - ~, ...~ ~..,*h~ ~, ....... -~.-w .~ ~--~* .....
Effective August 1, 2001, the amount shall be increase to a total of $100,000 for supplemental
insurance proarams for active and retired police officers. The City is under no responslblllly or duty
to monitor the administration, distribution of benefits, or the eligibility for benefits pursuant to the
terms of such benefit trust.
ARTICLE XVl - IMPASSE PROCEDURES
Negotiations for a new contract shall commence in accordance wlth Chapter 174, Local
Government Code. If Impasse should be reached as defined in Chapter 174, either party may
request mediation, and upon such request, the parties shall immediately proceed to choose one
mediator as provided herein. The function and powers of the mediator shall be as specified In
Section 174.151. The mediation shall extend for 14-calendar days.
If no agreement is reached through mediation, upon request of either party, the parties
shall submit lhe dispute to one Fact finder, chosen as provided herein. The Fact finder shall
conduct a full and fair hearing. By agreement the parties may submit an issue or issues to the Fact
finder. If no agreement is reached, each party shall be entitled to submit four proposals to the
Fact finder, each proposal on a distinct topic. For example, each of these constitutes a distinct
topic: salary, dependent health insurance coverage, promotional procedures, political activities.
Each party may submit its four proposals and ifs alternatives to the other party's proposals. The
hearing shall be informal and strict rules of evldence shall not apply. After hearing all evidence
offered by the padies, and any evidence requested independently by the Fact finder, the Fact
finder shall render a written decision making findings of fact and recommendations as to all
matters in dispute, in the opinion, the Fact finder shall state his reasons for his findings of fact and
recommendations. In rendering such findings and recommendations, the Fact finder shall
exercise his independent judgment and shall not attempt to "split the difference."
in making the findings of fact and recommendations, the Fact finder shall consider the
following evidence submitted fo him by the parties or obtained at his direction: the overall
compensation in the current contract including direct salary and fringe benefits; the income
available to the City and demands on that income; a comparison of wages, hours, and
conditions of employment of Corpus Christi police officers with the wages, hours, and conditions
of employment of other public and private employees performing similar services and with other
employees generally in public and private employment in comparable communities and in
Corpus Christi; the hazards of employment, physical, educational, and mental qualifications, job
training and skills required of a Corpus Christi police officer; the cost of living in Corpus Christi
relative to other communities; the rate of increase in the cost of living for the preceding twelve-
month period using localized data fo the fullest extent feasible; and any current national or state
policies or guidelines with respect to compensation.
The selection of the mediator and the Fact finder shall occur as follows. When either party
requests mediation or fact-finding, the parties may agree to choose any mediator or Fact finder
or method of choosing same. If no agreement occurs within five days from the request, the
parties shall request a list of 7-neutrals from the American Arbitration Association (AAA). Upon
receiving the list, the parties shall select the Mediator or Fact finder by alternately striking names.
The request to AAA shall state the dates on whlch the neutrals must be available. The mediator
and the Fact finder shall be selected within 5-working days after receipt of the list from the AAA.
The fee and expenses of the mediator and the Fact finder shall be split equally between the City
and the Association. All other expenses, including witness fees, shall be paid by the party incurring
the expense or calling the witness.
If, within 7-calendar days after fact-finding, the parties have failed to agree to a contract,
the major, unresolved issues shall be submitted to the qualified voters of Corpus Christi in a
referendum election according to the following procedure. The election shall be held on the first
date permissible under state law. By agreement the parties may submit any issue or issues to the
voters. If no such agreement is reached, then each party shall be entitled to submit 2-issues to the
voters, each issue on one distinct topic. For example, each of these constitutes a distinct issue:
salah/, dependent health insurance coverage, promotional procedures, political activities. Each
party will submit its 2-issues, and its alternatives to the other party's issues, so that the voters will
vote on 4 distinct issues. Each voter will have the option of voting for all of the issues of one party,
or for some issues of one party and some of the other. The issues submitted to the voters will
appear on the ballot exactly as each respective party would have them appear in the contract.
The decision on each issue by a majority of the voters voting on the issue at the referendum
election shall be binding on the parties, subject to the laws of Texas, and shall be adopted as part
of the collective bargaining agreement. In the absence of agreement of the parties to the
contrary, the term of the provisions adopted by the voters shall be the same as the term of the
entire contract entered into by the parties, or, in absence of such a contract, shall extend until
the next July 31 following the election or until a new contract is agreed upon. The Association
shall pay the cost of printing the ballots. All other costs of the elections shall be paid by the City.
The place of the respective parties on the ballot shall be determined by coin flip.
An impasse referendum can be canceled at any time up to 15-calendar days prior to the
election date by agreement of the parties.
The Assoclation and the City agree that during the term of Article XVI, no request shall be
made for submission of unresolved issues to arbitration under Chapter 174 or any other statute,
charter or ordinance provision, and that any such request shall be void and ineffective.
Any provision of this Article XVI may be amended by written agreement of the parties.
if the impasse procedures established herein shall be held invalid by the courts, all other
provisions of this Article XVI shall become ineffective, unless the parties agree in writing to
continue them in effect,
ARTICLE XVll - POLITICAL ACTIVITIES
PART I
The City may prohibit potice officers from taking an active part in any political campaign
of another for an elective position of the city if they are in uniform o~ on active duty. The City may
prohibit police officers trom taking an active part in any political campaign to recall another from
an elective position of the city. The term "active part" means making political speeches,
distributing cards, circulars or other political literature, writing letters, circulating petitions for recall
or nominations, or signing petitions while on duty or in uniform, actively and openly soliciting
votes, or making public derogatory remarks about candidates or elected officials being
subjected to a political recall campaign. The City may prohibit off-duty police officers from
making public political speeches regarding a political campaign of another for an elective
position of the City and making public derogatory remarks about candidates or elected officials
subjected to a political campaign for recall. The City may not otherwise restrict a police officer
from legal participation in a political campaign. Any individual potice officer who violates rules
established by the City pursuant to these provisions shall be subject to disciplinary action.
PART II
No representative of the Association in any capacity, nor the Association as an entity, shall
take an active part on or off duly in a political campaign of another for an elective position of
the City or in any campaign to recall any elected official of the City. The term "'active part" means
making political speeches, distributing cards, circulars or other political literature; daing work af
any kind at campaign headquarters; writing letters, signing petitions; advertising, actively
soliciting votes or supporting candidates or recall of officials; making public derogatory remarks
about candidates or officials Involved in recall proceedings; or engaging in any similar political
activities. Whether this section on political activities has been violated by the Association or Its
representatives is a fact question which may be appealed to arbitration by the Association within
ten days of notice from the City that it believes a violation to exist. If the arbifrator finds that a
violation exists, he must declare thls Article XVII null and void.
ARTICLE XVIII - EXISTING CONDITIONS
No employee shall be unfavorably affected by the signing of this agreement as to wages,
hours, or other conditions of employment that he now enjoys, except as otherwise provided in this
agreement.
ARTICLE XlX IX-X] - CLOSING CLAUSES
A. The effective date of this agreement shall be the day of ,2003
[..v~ ......... ] except os otherwise provided herein, and the agreement shall remain in effect
until midnight p.m. July 31, 2006 [.~'20021 and thereafter until superseded by o new agreement.
B. This document constitutes the sole and complete agreement between the parties.
During the term of the Conffact neither party shall be obligated to bargain collectively with the
other with respect to any subject; provided, this provision does not affect any obligation which
may exist to negotiate a successor contract effective after the expiration of this document. The
impasse procedure in Article XVI of thls agreement shall be wholly Inapplicable to any matter
except impasse of o successful conffoct.
C. The provisions of this contract shall take precedence over all State and local Civil
Service provisions which are in conflict herewith, including for example and not by way of
limitation, any contrary provisions of Chapter 141, 142 and 143; City Charter of the City of Corpus
Christi, Texas; ordinances of the City; Rules and Regulations of the Firefighters" and Police Officers'
Civil Service Commission; and Rules and Orders of the Police Department of the City.
D. If any article or section of thls agreement should be found Invalid, unlawful or
unenforceable by reason of any existing or subsequent enacted legislation or by judicial
authority, all other articles and sections of this agreement shall remain in full force and effect for
the duration of this agreement.
E. Both the City and the Association have relied upon their factual and legal
understanding that the City is currently in compliance with state and federal law In the payment
of stral.qht time and overtime compensation, in baraalnlna the waaes and economic benefits
under this agreement. Fiscal certainly i$ of the essence of thls a ~areement to the City. In the event
of any adverse iudicial or aaency determination flndlna that the CiN owes straiaht time or
overtime compensation under state or federal law above that ~)aid under past practices
reflected by the City's payroll records, the CiN may reauest In wrltina that the parties collectively
bgr.qain in good faith for the limited purpose of re~olvlna the impact of any adverse ruIlna.
47
FOR THE CITY OF CORPUS CHRISTI,
TEXAS:
Date
George Noe, Acting City Manager
City Negotiating Team Members:
ATrEST:
CORPUS CHRISTI POLICE
OFFICERS' ASSOCIATION
Date.
Larry Young,'President, C.C.P.O.A.
C.C.P.O.A Negotiating Team Members:
City Secretary
APPROVED:
__ Day of
,2003
CIty Attorney
48
APPENDIX "A"
DUES DEDUCTION AUTHORIZATION
CORPUS CHRISTI POLICE OFFICERS' ASSOCIATION
Dues
Code
Name
Address
Title
Payroll No. Employee No. Code No.
(Last) (First)
Social
Security No.
Zip Code
I hereby authorize the City of Corpus Christi to deduct each pay period the sum of
$. as certified by the Corpus Christi Police Officers' Association as the current
rate of dues or an amount as may hereafter be established by the Corpus Christi Police Officers'
Association as dues. This deduction is to be forwarded directly the to Corpus Christi Police
Officers' Association. The authorization of lhis deduction is entirely voluntary on my part.
I understand that the City of Corpus Christi will be obligated to forward to the
Association only those sums actually deducted and will not be liable for damages fo me for
failure to deduct any authorized sum for any reason.
Signed Date
49
APPENDIX "r
SPECIAL ASSESSMENT DEDUCTION AUTHORIZATION
CORPUS CHRISTI POLICE OFFICERS' ASSOCIATION
Assessment
Code
Name
Address
Title
.Payroll No. .Employee No. Code No.
Social
Security No. ,
(Last) (First) (M.I.)
Zip Code,
I hereby authorize the City of Corpus Christi to deduct a special assessment In the sum of
$ , , as certified by the Corpus Christi Police Officers' Association for the expressed
purpose of Thls special assessment
deduction is to be forwarded directly to the Corpus Christi Police Officers' Association. The
authorization of this special assessment deduction is entirely voluntap/on my part.
I understand that the City of Corpus Christi will be abligated to forward to the
Association only those sums actually deducted and will not be liable for damages to me for
failure to deduct any authorized sum for any reason.
Signed Date
5O
APPENDIX "C"
TERMINATION OF DUES DEDUCTION
ON SPECIAL ASSESSMENT AUTHORIZATION
CORPUS CHRISTI POLICE OFFICERS' ASSOCIATION
Dues Title
Code Payroll No. Employee No. Code No.
Name
(Last) (First)
Social
Security No.
Address Zip Code
I hereby terminate the authorization previously executed by me on
for dues deduction for the Corpus Christi Police Officers' Association and
request that the City make no further deductions under said authorization, This termination of
dues deduction is entirely voluntary on my part and I understand that the City of Corpus Christi will
not be liable for failure to promptly effectuate this termination for any reason.
Date:
APPENDIX "D"
GRIEVANCE FORM
City of Corpus Christi Grievance No.
Employee:
Printed name
Immediate Supervisor:
Printed Name
Grievance must be flied within 20 working days of occurrence or knowledge of occurrence. Fill in
all information and submit to Commander In appropriate chain of command. Failure to appeal
within the time periods prescribed for each Step will not be considered timely and shall be void.
Step 1 Commander Review
Statement of Facts:
Policy, Practice, or Contract Provision alleged to be violated:
Other Individuals affected by Grievance:
Remedy Sought:
Submitted by:. this
Signature of Grievant or Class Representative
at a.m.p.m.
Date Time
Received by:
Commander or Staff Member
this at a.m.p.m.
Date Time
Response of Commander: (Response must be completed within 20 working days of receipt of
grievance)
Accept Facts as Stated. Additional or Contested Statements to Facts:
Other applicable Contract terms, policies, or practices:
Adjustments or Remedies Recommended:
Approved by:
Signature of Commander
this
Date
at a.m.p.m.
Time
Received by: this at
Signature of Grievant Date
Copy Sent To Association this at
Date Time
Step 2 Association Review (Must be filed with Association within 10 days of Commanders
Response)
Employee Appeals Step I Response
Accept Facts as Stated. Statements of Facts in Dispute:
Reasons for Appeal:
Submitted by: this
Signature of Grievant or Association if Class Action
at a.m.p.m.
Date Time
Received by:
Signature of Association Representative
this at a.m.p.m.
Date Time
Association Determination:
No Appeal. Appeal for the following reasons:
Adjustments or Remedies Recommended:
Approved by:.
Signature of Association Representative
this at a.m.p.m.
Date Time
Received by: this at a.m.p.m.
Signature of Chief or Staff Member Date Time
Step 3 Chief of Police Review (Notice of Appeal by Association must be submitted to Chief within
20 working days from date of Commanders Response.)
53
Adjustments or Remedies Recommended:
Approved by: this at
Signature of Chief Date
Received by:. this
Signature of Association Official or Staff Member
at
Date
a.m, p.m.
Time
Step 4 Request for Arbitration
Association Elects to Proceed to Arbitration on Grievance No.
Submitted by.'_ this
Signature of Association President or Designee
at
Date
Received by:_
Signature of City Representative
this
at
Date
54
APPENDIX "E"
INSURANCE
A. Health Insurance. The Clly shall provide health insurance coverage for Pollce Officers
and their dependents in a preferred provider program called Public Safely Clticare. Either party
may request in wrltln.q on or before August 1, 2005 that the parties re-open the Agreement for the
sole purpose of collectively baraalnlna In aood faith over health care benefits.
1. The plan shall be structured as follows:
PUBLIC SAFETY CITICARE
BENEFITS: PRIMARY NETWORK SPECIAL SERVICES OUT-OF-NETWORK
Calendar Year No Calendar Year $1 O0 Per Individual $200 Per Individual
Deductible Deductible $250 Max. Family $500 Max. Family
Physician Services
(Out-Patient, ER $15 Co-Pay 80/20% 70/30%
Visit and Reimbursement Reimbursement
Second Opinions)
Physician Services One time $15 Co-Pay
(In-Patient) first visit per Doctor 80/20% 70/30%
Reimbursement Reimbursement
Laboratory Services $10 Co-Pay 80/20% 70/30%
(Physicians Office Reimbursement Reimbursement
& Lab. Facilities)
X-Rays
Physician's Office: $10 Co-Pay 80/20% 70/30%
X-Rays Facilities:$ 15 Co-Pay Reimbursement Reimbursement
PUBLIC SAFETY CITICARE
I
BENEFITS: PRIMARY NETWORK J SPECIAL SERVICES OUT-OF-NETWORK
Calendar Year No Calendar Year $100 Per Individual $200 Per Individual
Deductible Deductible $250 Max. Family$500 Max. Family
$15 Co-Pay
Emergency Room Then 80/20% 70/30,%
Services 85/15% Reimbursement Reimbursement
Reimbursement
Prescriptions Co-Pays: No Deductible No Deductible
$5 Generic 80/20% 70/30%
$20 Brand Reimbursement Reimbursement
~200 Deductible
Hospitalization _$.250 Max. Family 80/20,% 70/30%
(In-Patlent and Out- men Reimbursement Reimbursement
Patient) 85/15%
Reimbursement
Out-of-Pocket Cost
L%cludlng Co-Pays $500 Per Individual $700 Per Individual $700 Per Individual
educfibles) $1,250 Max. Family $1,750 Max. Family $1,750 Max. FamilY
* employees and dependents covered by the Public Safety Cificare will be excluded from
the drug formulary.
** Emergency Room Services. Wtll increase to $50.00 Co-Pay provided that 2 minor
emergency clinics are included, one on the Southside pf Corpus Christi and the other In the
Calallen area. Should the number of minor emergency clinics fall below 2 for more than 90
consecutive days the Co-Pay will be $15.00.
Other eligible services and eligible medical supplies as shown In the Public Safety Citicare
Plan document shall be covered at 85%/15% for primary network, $100.00 deductible/$250.00
family maximum deductible and 80%/20% for special services or $200.00 deductible/ $500.00
family maximum deductible and 70~/30% for out of network. When expenditure ls made toward
a deductible and/or out-of-pocket requirements it Is cumulative in all three categories.
Special Services are those services which are provided outside the participating provider
service areas due to residency or emergency care or referrals from a primary network provider if
services are not available through a primary network.
Participating Provider Service Areas are those locations covered by a primary network;
South Texas, Dallas/Ft Worth, Houston, San Antonio/Laredo and Austin.
Out of Network is the use of any hospital, physician or other health care facility or
professional that has not signed an agreement with the City or its health care administrator to
provide services as the preferred provider.
Should the number of hospitals available in the network fall below 2 for more than 90-
consecutive days, the reimbursement percentage for out-of-network hospitalization shall be
80%/20%, deductibles shall be $100.00 per each covered individual, $300.00 family maximum,
and out-of-pocket shall be $480.00 per each covered individual until the number of hospitals is at
least two.
Should the number of total physicians in the network fall below 300 for more than 90-
consecutive days, the reimbursement percentage for out-of-network physician services,
laboratory services and x-rays shall be 80%/20%, the deductible shall be $100.00 per each
covered individual, $300.00 family maximum, and out-of-pocket shall be $480.00 per each
covered individual until the number of physicians in the network is 300.
Should the number of total physicians in the network fall below 300 for more than 90-
consecutive days, and should the number of hospitals available in the network fall below 2 for
more than 90-consecutive days, the health care plan (Plan II) in effect prior to adoption of this
agreement shall be reinstated, unless the Association informs the City within 30-calendar_days of
their decision to remain covered by the Public Safety Citicare Plan. The City shall have 30-
calendar days to reinstate Plan II after being notified of the Association's decision
Should the number of network physicians in any one specialty remain for more than 90-
consecutive days below 50% of the number of network physicians who were in the network in that
specialty on March 1, 1996, out-of-network physicians services in that specialty shall be
reimbursed at 80%/20%, the deductible shall be $100.00 per each covered individual, $300.00
family maximum and out-of-pocket shall be $480.00 per each covered Individual until the
number of network physicians in that specialty increases to at least 50% of the number who were
in the network in that specialty on March 1, 1996. Provided however, that a covered individual
who was being treated by a network physician within 90-consecutive days before the day the
number fell below 50% shall pay the Primary Network Physicians' Services Co-Pay rate for that
treating physician's services for up to 9D-consecutive days after the number fell below 50% if that
treating physician has become an out-of-network provider.
2. The City shall pay 100% of the employee's premiums and 50% of the premium for
dependent coverage. Premium rates will be reduced by 10% when Public Safety Cltlcare
becomes effective. Thereafter premium rates shall be determined by the City based on the cost
of the plan.
3. The City has the authority to restructure benefits, with the exception of
hospitalization deductibles, maximum out of pocket amounts and reimbursement percentages,
The City also has the authority to restructure network composition of the preferred provider
network. The City retains the right to negotiate with insurance and/or medical providers for
benefits, coverage and administration under Public Safety Citicare.
4. The benefits in the out-of-network portion of the plan may not be changed unless
negotiated and agreed upon by the Clty and the Association. Benefits in existence In the health
care plan for Police Officers and their dependents JPlan II) in effect prior to adoption of this
agreement shall be incorporated into the out-of-network portion of the Public Safety Citicare
Health Plan unless changed by this agreement.
5. The purpose of premiums is to generate revenues to cover claim costs. Co-pays are
not intended to generate revenues.
B. Retiree Health Insurance Coveraae. Employees, who retire under the conditions of
regular TMRS retirement, and their previously participating dependents, shall be eligible to
continue participation in the City's Group Health Insurance Program at monthly premium rates as
set forth in the insurance contract subject to periodic changes in rates as required. The total cost
of such continued coverage shall be paid entirely by the employee and/or spouse. Coverage
shall remain in force for the employee while paid until he or she becomes eligible for Medicare or
reaches age 65 at which time coverage will cease. Coverage shall remain in force for the
spouse while paid until he or she becomes eligible for Medicare or reaches age 65 at which time
coverage shall cease. The spouse"s rights shall continue after the employee"s death, but shall
terminate upon divorce.
C. Association Supplemental Insurance Proorams. The Assoclatlon may select any group
supplemental insurance coverage for officers and/or dependents in which plan officers may opt
to participate. The City wiJl contribute $35.00 per month, per officer, for any officer opting to
participate in any selected plan. The City shall contribute an additional $9.00 per month, per
officer, with dependents toward any selected plan for such officers provided that a mlnimum of
75% of officers with dependent(si opt to participate. The City will provide payroll deduction for
any officer participating who authorizes same to cover any additional amount of premium for
such participation. The Association shall give the City at least 30-calendar days advanced
written notice of any change in the plan, eligible participants, or the amount of premiums.
D. Life Insurance. The City shall provide basic llfe insurance coverage for each police
officer, to include Lieutenants, equal to that employee's annual base salary. Captains,
Commanders and Assistant Chiefs shall be provided basic life insurance coverage equal to their
annual base salary or $50,000.00 which ever is greater.
5'/
City of
Corpus
Christi