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HomeMy WebLinkAboutAgenda Packet City Council - 09/23/2003CITY COUNCIL AGENDA SEPTEMBER 23, 2003 Corpus Christi 2003 / 1:45 P.M. - Coastal Bend Bays a~d Estuary Program - Check Presentation Proclamation declaring September 28, 2003 as "Good Neighbor Day" AGENDA CI~i'Y OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD SEPTEMBER 23, 2003 2:00 P.M. PUBLIC NOTICE- THE USE OFJCELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provide~ an opportunity to address the Council at approximately 5:30 p.m. or at the end of the Council Meeting, whichever is earllpr. Please speak into the microphone located at the podium and state your name and address. Your presentation will be lirpited 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 din*girse al Concilio y cree qUe su ingl~s es limitado, habr~ un int~rprete ingl~s-espa~ol en todas las juntas del Concilio pare ayudade. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361~880-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Samuel L. Neal, Jr, to call the meeting to order. B. Invocation to be given by Dr. David Lewis, Bayshore Bible 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 Melody Cooper Council Members: Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott City Manager George K. Noe Acting City Attorney R. Jay Reining City Secretary Armando Chapa __ E. MINUTES: 1. Approval of Regular Meeting of September 16, 2003. (Attachment # 1) Agenda Regular Council Meeting Se~ember23,2003 Page 2 BOARDS & COMMITTEE ~PPOINTMENTS: (Attachment # 2) / * Cable Communicati~)ns Commission Coastal Bend Coun( Commission on Chil. Human Relations C¢ Museum of Science Regional Health Aw~ Sister City CommittE :il of Governments ]ren and Youth ,mmission and History Advisory Committee ~reness Board EXPLANATION OF COUN For administrative convenien( as motions, resolutions, or or~ Council will use a different me CIL ACTION: e, certain of the agenda items ara listed ~nances. If deemed appropdate, the City hod of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure ratherthan a h~o raading 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 subsequept special meeting; such agendas are incorporated herein for reconsideration and action on any reconsiderad item. CONSENT AGENDA Notice tO the Public The following items are of a routine or administrative natura. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless raquested by a Council Member or a citizen, in which ever~t the item or items will immediately be withdrawn for individual consideration in its normal sequence afterthe items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Me~ing Se~ember23,2003 Page 3 Motion approving a suppl~, agreement with Marshall's Texas Battery Service, Inc., of Comus Christi, Texas in accordance with Bid Invitation No. BI-0111-( and commercial battedes annual expenditure of $3: agreement shall be for twel~ up to two (2) additional tv approval of the supplier an Funds have been budgetE 2003-2004. (Attachment Motion approving a supply; Inc., of Corpus Christi, Tex~ ways in accordance with Bi, Iow bid for an estimated tv The term of the contract will annual appropriations with additional twelve-month pE supplier and the City Manac. budgeted by the Storm Wa (Attachment # 4) 13 for approximately 820 automotive ~)ased on Iow bid for an estimated 540.50. The term of the supply months with the option to extend for ;Ive-month pedods, subject to the the City Manager or his designee. by the using departments for FY 3) igreement with Brown Mule Mowing, ~s for mowing of storm water right-of- Invitation No. BI-0063-03 based on 'o year expenditure of $646,148.96. be for twenty-four months, subject to an option to extend for up to two riods, subject to the approval of the er or his designee. Funds have been er Department in FY 2003-2004. Motion authorizing the Cityi Manager or his designee to execute a twelve-month software nlaintenance agreement with Tiburon, Inc., of Fremont, California in an amount not to exceed $82,107.62 for records mar~agement, computer aided dispatch, mobile data, automated vehicle Iocator and video imaging. (Attachment # 5) Motion authorizing the Cityi Manager or his designee to execute a twelve-month maintenance agreement with an option to renew for an additional year, subject to a five percent increase with Siemens Transportation Systems, Inc., of Cedar Rapids, Iowa in an amount not to exceed $84,795 for the hardware and software support services for the PoliCe and Fire Department's mobile data computers/automated vehicle Iocator systems located in emergency vehicles. (Attachment # 6) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting September23,2003 Page 4 oa. 10. Motion authorizing the City IManager or his designee to accept a grant in the amount of $20~,451 from the Texas Department of Human Services for the Child and Adult Care Food Program (CACFP) to provide after s(~hool snacks to youth enrolled in after school enrichment progranls for FY 2003-2004. (Attachment # 7) Ordinance appropriating agrant in the amount of $206,451 from the Texas Department of ~uman Services to operate the Child and Adult Care Food Prpgram in the No. 1067 Park and Recreation Grants Fund providing for after school supplements for youth enrolled in approved after school enrichment programs for FY 2003-2004. (Attachment # 7) Resolution authorizing the City Manager or his designee to execute an Intedocal Cooperation Agreement with Corpus Chdsti Independent School Distdct for the After School Snack-Child and Adult Care Food Program. (Attachment # 7) Motion authorizing the City Manager or his designee to execute a construction contract with Barcom Commemial, Inc., of Corpus Chdsti, Texas in the amount of $100,017 for the Regional Transportation Authority Bus Stop Miscellaneous Street Improvements, Phase 2A. (Attachment # 8) Resolution authorizing the City Manager or his designee to execute a Local TranspOrtation Project Advanced Funding Agreement for Voluntary 'ltransportation Improvement Projects (on-system) for landscaping State Highway 44 at International Ddve with no local match, but with maintenance responsibilities. (Attachment # 9) Resolution authorizing the City Manager or his designee to sign a letter of agreement with the United States Army Corps of Engineers, Fort Worth DiStrict, committing the City of Corpus Chdsti to execute an agreement between the Department of the Army and the Nueces River Authority, City of Corpus Chdsti, San Antonio Water System, San Antonio River Authority, and the Guadalupe-Blanco River Authority for the Nueces River Watershed Feasibility Study. (Attachment# 10) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting September23,2003 Page 5 11.a. 11.b. 12. 13. 14. 15. J. 16. Motion authorizing the City grant in the amount of Department of Justice, Bun eligible under the FY 20( Program and to execute (Attachment # 11) Vlanager or his designee to accept a t;198,581 from the United States ~au of Justice Assistance for funding 3 Law Enforcement Block Grants all related documents. Ordinance appropriating Department of Justice, Bur 1061 Police Grants Fund to l for the Police Department; No. 1061 Law Enforceme (Attachment # 11) ;198,581 from the United States ,=au of Justice Assistance in the No. ~umhase law enforcement equipment and appropriating $22,065 from the it Trust Fund as the grant match. Second Reading OrdinanCe - Determining advisability, nature and cost of improvements; determining district boundaries, assessment method and apportionment of costs between distdct and city as a whole; approving and filing preliminary assessment roll; and authorizing and !estab sh ng the Rodd Field Public Improvement District. (First~ Reading 09/16/03) (Attachment # 12) PRESENTATIONS: (API~ROXIMATELY 2:00 P.M.) Public comment will not be solicited on Presentation items. Regional Transportation /~uthority (RTA), Downtown Streetcar Alignments and Technology (No Attachment) Fourth Quarter FY 2002-2003 BudgetJPerformance Report (Attachment # 14) Bond Issue 2000, Quarterly Report No. 9 (Attachment # 15) PUBLIC HEARINGS: ZONING CASES: Case No. 0803-01, Rhonc~a McGinle¥-Lehnert: A change of zoning from an "R-lB" One-family Dwelling District to an "AB" Professional Office District on Flour Bluff Gardens, Block 3, Lots 13 and 14, located along the southwest comer of Waldron Road and June Drive. (Attachment # 16) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summa~) Agenda Regular Council Meeting September23,2003 Page 6 17. 18.a. 18.b. m Plannino Commission andlStaff's Recommendation: Approval of an "AB" Professional Office District. ORDINANCE Amending the Zoning Ord McGinley-Lehnert by chan Flour Bluff Gardens, Lots Dwelling District to "AB" Pro' comprehensive plan to a, existing comprehensive pl~ Case No. 0803-02, John M~nkin: A change of zoning from a "B- 3" Business District to an "1-2" Light Industrial District on Yorkwald Acres, Lot 14, located on ~he east side of Waldron Road and approximately 450 feet north of Yorktown Boulevard. (Attachment # 17) nance upon application by Rhonda ~ing the zoning map in reference to 13 and 14 from "R-lB" One-family essional Office District; amending the :count for any deviations from the n. Planning Commission and Staff's Recommendation: Approval of a "1-2" Light Industrial DiStrict. ORDINANCE Amending the Zoning Ordinance upon application by John Mankin by changing the zoning map in reference to Yorkwald Acres, Lot 14, from "B-3" BUsiness District to "1-2" Light Industrial District; amending the comprehensive plan to account for any deviations from the existing comprehensive plan. STREET CLOSURES: TRACT A: Public hearing to consider abandoning and vacating a 1.445 acre tract of land (62,965.30 square feet) of the Lakeview Circle Street right-of-way, out of Westend Heights Subdivision. (Attachment # 18) Ordinance abandoning and vacating a 1.445 acre tract of land (62,965.30 square feet) of the Lakeview Circle Street right-of-way, out of Westend Heights SUbdivision; subject to compliance with the specified conditions. (Attachment# 18) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting September23,2003 Page 7 18.c. 18.d. 18.e. 18.f. 18.g. 18.h. TRACT B: Public hearing to consider a tract of land (63,025.90 sql and Ebony Street right-of-' Subdivision. (Attachment ~ )andoning and vacating a 1.447 acre ~are feet) of the Baymoor Boulevard rays, out of the Baymoor Addition 18) Ordinance abandoning and vacating a 1.447 acre tract of land (63,025.90 square feet) of the Baymoor Boulevard and Ebony Street right-of-ways, out ot~ the Baymoor Addition Subdivision; subject to compliance With the specified conditions. (Attachment # 18) TRACT C: Public hearing to consider abandoning and vacating a 1.629 acre tract of land (70,945.40 square feet) of a portion of Nueces Bay Boulevard, north of the West Broadway Street right-of-way, out of the Flint Hills Resources, LP. (Attachment # 18) Ordinance abandoning and vacating a 1.629 acre tract of land (70,945.40 square feet) of a portion of Nueces Bay Boulevard, north of the West Broadway Street right-of-way, out of the Flint Hills Resources, LP; subject to compliance with the specified conditions. (Attachment # 18) TRACT D: Public hearing to consider abandoning and vacating a 0.562 acre tract of land (24,480.70 square feet) of a portion of Koepke Street right-of-way, out of Nueces Bay Heights Extension Subdivision. (Attachment # 18) Ordinance abandoning and vacating a 0.562 acre tract of land (24,480.70 square feet) of a portion of Koepke Street right-of- way, out of Nueces Bay Heights Extension Subdivision; subject to compliance with the specified conditions. (Attachment # 18) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting September 23, 2003 Page 8 TRACT E: 18.i. Public hearing to consider a~bandoning and vacating a 0.559 acre tract of land (24,357.30 sqqare feet) of a portion of Moore Street right-of-way, out of Nuece~ Bay Heights Extension Subdivision. (Attachment # 18) 18.j. Ordinance abandoning anc~ vacating a 0.559 acre tract of land (24,357.30 square feet) of ~ portion of Moore Street right-of-way, out of Nueces Bay Heighls Extension Subdivision; subject to compliance with the specified conditions. (Attachment # 18) REGUI..~R AGENDA CONSIDERATION OF MOTIONS, R~ESOLUTIONS, AND ORDINANCES: 19.a. Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract with Flint Hills Resources, LP, of Corpus Christi, Texas for the pumhase of fee simple property rights to two tracts of land totaling 16.24 acres located east of Carbon Plant Road and Heams Ferry Road at the sales price of $162,400 plus $2,000 in closing costs with payment being composed of $64,090 in icash and $98,310 in vacated and abandoned street right-of-way; for the construction of the Police and Fire Public Safety Training Facility, Phase 1, Project No. 5118. (Bond Issue 2000) (Attachment # 19) 19.b. Motion authorizing the City Manager or his designee to enter into an option contract with F~int Hills Resources, LP, of Corpus Christi, Texas for the remaining 86.529 acres owned by Flint Hills Resources, LP located east of Carbon Plant Road and Heams Ferry Road at the sales price of $865,290 with the cost of the option at $1,000 for a two-year term; for the construction of the Police and Fire Public Safety Training Facility, Phase 1, Project No. 5118. (Bond Issue 2000) (Attachment # 19) 20. Motion authorizing the City Manager or his designee to execute Amendment No. 1 to a contract for professional services with Urban Engineering, Inc., of Corpus Christi, Texas in the amount of $732,010 for the DowntOwn Drainage Improvements Design, Project No. 2036. (Attachment # 20) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting September23,2003 Page 9 Lw 21. PUBLIC COMMENT FRO NOT SCHEDULED ON T APPROXIMATELY 5:30 COUNCIL MEETING, WH LIMIT PRESENTATIONS 1 TO ADDRESS THE COUI PLEASE SIGN THE FORI~ THE AUDIENCE ON MATTERS IE AGENDA WILL BE HEARD AT 3.M. OR AT THE END OF THE ICHEVER IS EARLIER. PLEASE O THREE MINUTES. IF YOUPLAN ICIL DURING THIS TIME PERIOD, I AT THE REAR OF THE COUNCIL CHAMBER, GIVING Your NAME, ADDRESS AND TOPIC. (A recording is made of the meeting~ therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining tO your subject, please present it to the City Secretary.) Si usted se didge a la junta y creeique su ingl&s es limitado, habr~ un int~rprete ingl~s-espai~ol en la reunion de lb junta pare ayudade. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when autho#zed by the provisions of the Open Meeting Act, Chapter 551 of the Texas Govemment Code, and that the City Council SPecifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session wi//be publicly announced by the presiding office. Executive session under Texas Government Code Section 551.074 regarding deliberations for the appointment of two members of the Board of !Directors, Nueces County Appraisal District with possible discussion and action related thereto in open session. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting September23,2003 Page 10 22. 23. / Executive session under Texas Government Code Sections 551.071,551.072 and 551.087 regarding the South Wharf Project in the Corpus Christi Marin~ with possible discussion and action related thereto in open session. Executive session under ~exas Government Code Sections 551.071, 551.072 and 551.087 regarding the acquisition and development of site for ~inor league baseball stadium, with possible discussion and related action in open session. N. REPORTS: The following reports include iquestions by Council to Staff regarding City policies or activities; request by Council for information or reports from Staff; reports of activities iof individual Council members and Staff; constituent concerns; current topics raised by media; follow-up on Staff assignments; scheduling of fulure Council meetings and activities; and other brief discussions regarding city-related matters. 24. CITY MANAGER'S REPORT 25. 26. O. * Upcoming Items MAYOR'S UPDATE COUNCIL AND OTHER REPORTS ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the C!ty's official bulletin board at the fron,t entrance to City Hall, 1201 Leopard Street, at ~: ~ O p.m.,~¥:)~. I c~ , 2003. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Armando Chapa City Secretary Agenda Regular Council Meeting September23,2003 Page 11 NOTE: The City Council Age Page at www. cctexa before regularly schE problems occur, Internet by Monday Symbols used to hi~hlight council priority issu~. ~da can be found on the City's Home ~.com after 7:00 p.m. on the Friday duled council meetings. If technical agenda will be uploaded on the ~orning. action item that implement CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 2001-2002 CiTY COUNCIL GOALS PRIORITY ISSUES ~'~CONTINUING PRIORiTY ISSUES A~rport / Seawall / Conv,~ntipn (~enter / Arena · Continue quarterly reporting process for these initiatives. '86 Bogd,Issue Improvements · Update status on Senior Centers. · Provide communication on completion of these projects (e.g. "Report to the Community"). · Continue community involvemem on issues such as Leopard Street improvements. privaflzatlon / Re-En~neerin~, · Clearly define "pfivatization" and "re-engineering." · Make decisions regarding pri,/afizafion and re-engineering in the next 12-24 months, with discussions within 90 days. · Establish process to identify what services can and cannot be privatized. · Continue focus on park maintenance. Finance · Maintain the 5-year forecast model. · Review the August 1 budget adoption deadline. Crime Control and Prevention · Continue implementation of the Community Policing initiative. · Establish date for Crime Control and Prevention District election. Continue City participation in Youth Opportunities United and other youth crime initiatives~ Empl,0yee Health Care · Address concerns related to employee compensation and benefits, including health insurance. · Work to coordinate Police and Fire health benefits with those of other City employees EcoBomic Development Sales ~ax · Establish election date. Stgrn~ Water Ufilltv · Reconsider implementation pla for a Storm Water Utility. Pac~.ery Chapuel Continue quarterly reports on de progress of the TIF and Beach Restoration Project. · Continue to evaluate the effieiOacy and effectiveness of operations. · Examine alternatives for solidWaste management system, including privatization. luteruet · Continue regular updates and expansion of the City's web site, including individual council member web pages. · Establish target date for online Ipermitting process. · Communicate brash pickup via e-mail. · Continue active role. Lease and complete renovation Implement current island annexation plan · Develop and approve ADA Transition Plan within 90 days. Re~listrietine , Develop Council.approved redistricting plan for the City of Corpus Christi Industrial Distrie~ Contract · Review Industrial District contracts and determine date for approval · Staff completes action requests in a timely manner. C;ty / County Health Issues · Continue discussions with County m determine structure and process for the most effective and efficient delivery of health services M~rketine of CC Museum and !Columbus Ships · Continue m develop marketing plans for the Museum of Science and History and the Columbus Fleet Relationships with Other Governments Development Initiative Packages *Park Rehabilitation *Leopard Street Curbs and Gum ~rs Economic Development Summ t and Post-Summit Meetings Agnes-Laredo Corridor Market plans) *Solid waste / Pickup Base Closures **Northwest Library Northside Development Plan Traffic Controls (channeling, sludying ordofframps on SPID) *Five Points Ambulance Effluent Plan for Leopard Medians RTA--Publi¢ Improvements Arts and Sciences Park Plan Budget Item ** Capital Improvement Program Item 2003 CITY COUNCIL GOALS AND PRIORITIES Charter Revisions Legislative Agenda Increased CVB funding Trashy Neighborhoods Master Drainage Plan Garwood Water New Funding Sources for Ironer City Improvements Improved Permitting ProceSs NEW PRIORITY ISSUES Long-Term Revenue Picture Bond 2004 Downtown Revitalization Skate Park Storm Water Drainage District ADA Compliance Park Master Plan Communication with Othe~ Taxing Entities Review of Sexually Oriented Businesses Ordinance Call Center 1 PRESENT Mayor Mayor MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting September 16, 2003 - 2:02 p.m. Samuel L. Neal Jr. Pro Tem Melody Cooper Council Members: 1 Brent Chesney Javier D. Colmenero (arri ed at 2:11 p.m.) Hem3r Garrett Rex A. Kinnison Jesse Noyola Mark Scott (~rrived at 2:07 p.m.) CiW Staff: City Manager George K. Noe Acting City Attorney R. Jay Reining City Secretary Armando Chapa Recording Secretary Rebecca Huerta Mayor Neal called the m~eting to order in the Council Chambers of City Hall. The invocation was delivered by Mayo~ Loyd Neal and the Pledge of Allegiance to the United States flag was led by Council Member No.y_~la. City Secretary Chapa called the roll and verified that the necessary quorum of the Councili and the required charter officers were present to conduct the meeting. Mayor Neal called fog approval of the minutes of the regular Council meeting of September 9, 2003. A motion was made and passed to approve the minutes as presented. Mayor Neal called for a b~iefrecess to present proclamations. (Note: Council Members Cooper and Colmenero arrived during the proclamations) The Council returned fi.om recess. Mayor Neal called for consideration of the consent agenda (Items 2-17). City Secretary Chapa noted that Council Member Kelly was abstaining fi.om the discussion and vote on Item 14. Council Member Chesney announced that he would be abstaining fi.om the discussion and vote on Item 17. Council members requested that Items 9, 11, 12 and 14 be discussed. There were no comments from the audience. A motion was made and passed to approve Items 2 througl~ 17, constituting the consent agenda, except for Items 9, 11, 12 and 14, which were pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: MOTION NO. 2003-320 Motion approving the purchase of one commercial delivery van fi.om Lawrence Marshall Ford-Mercury, L.P. of Hempstead, Texas in accordance with Bid Invitation No. BI-0003-04 for a total amount of $33,8f18 based on best bid. The van will be used by Senior Community Services and is a replacement unit. The foregoing motion was passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Minutes - Regular Council Meetifig September 16, 2003 - Page 2 3.a. RESOLUTION NO. 025477 Resolution authorizing the $117,975 from the Texas D as disease investigation, lal The foregoing resolution Cooper, Garrett, Kelly, Kit 2ity Manager or his designee to accept a grant in the amount of :partment of Health to fund essential public health services such ~oratory services and environmental health services. as passed with the following vote: Neal, Chesney, Colmenero, nison, Noyola and Scott, voting "Aye". ORDINANCE NO. 02547 Ordinance appropriating a 1 ,xant in the amount of$117,975 fi.om the Texas Department of Health in the No. 1066 Hca Ith Grants Fund to fund essential public health services such as disease investigation, labor ~tory services and environmental health services. An emergency was declared, and the foregoing ordinance was passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 4.a. RESOLUTION NO. 025499 Resolution authorizing the City Manager or his designee to accept a grant in the amount of $22,500 from the Texas Department of Health to fund analysis of sea water fi.om those bays used to harvest shellfish fo~' human consumption. The foregoing resolution was passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 4.b. ORDINANCE NO. 025480 Ordinance appropriating a grant in the amount of $22,500 from the Texas Department of Health in the No. 1066 Health Grants Fund to fund analysis of sea water from bays used to harvest shellfish for human consumption. An emergency was declared, and the foregoing ordinance was passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 5.a. RESOLUTION NO. 02548 Resolution authorizing the City Manager or his designee to accept a grant in the amount $600,000 from the Texas DePartment of Health for the Women, Infants, and Children (WIC) Program for FY 2003-2004, based on a $10.45 reimbursement for each participant served. The foregoing resolution was passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kirmison, Noyola and Scott, voting "Aye". Minutes - Regular Council Meeting September 16, 2003 - Page 3 ' 5.b. ORDINANCE NO. 02548~ Ordinance appropriating Department of Health in Children (WlC) Program participant served. Motion authorizing the Cit $78,900 and to execute a col Archives Commission for t Grant Program administere Corpus Christi Public Libn renewal grant in the amount of $600,000 fi.om the Texas ~e No. 1066 Health Grants Fund for the Women, Infants and >r FY 2003-2004, based on a $10.45 reimbursement for each An emergency was declare :1, and the foregoing ordinance was passed with the following vote: Neal, Chesney, Col: nenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". ~ MOTION NO. 2003-321 ~ Manager or his designee to accept a grant in the amount of ttract and all related documents with the Texas State Library and ~e continued operation of the Technical Assistance Negotiated d by the South Texas Library System, which is located at the ry for the State FY 2003-2004. The foregoing motion wad passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kirmison, Noyola and Scott, voting "Aye". 6.b. ORDINANCE NO. 025482~ Ordinance appropriating a grant in the amount of $78,900 fi.om the Texas State Library and Archives Commission in the No. 1068 Library Grants Fund for a full-time computer repair technician for public librafles within the South Texas Library System. An emergency was declar{~d, and the foregoing ordinance was passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 7.a. MOTION NO. 2003-322 Motion authorizing the City Manager or his designee to accept a grant in the amount of $635,691 and to execute a {ontract and all related documents with the Texas State Library and Archives Commissioni for continued operation of the South Texas Library System located at the Corpus ChriSti Public Library. The foregoing motion wa~ passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kirtnison, Noyola and Scott, voting "Aye". Minutes - Regular Council Meeting September 16, 2003 - Page 4 7.b. ORDINANCE NO. 025484 Ordinance appropriating a grant in the amount of $635,691 from the Texas State Library and Archives Commission for c~ntinued operation of the South Texas Library System in the No. 1068 Library Grants Fund.i An emergency was declar4d, and the foregoing ordinance was passed with the following vote: Neal, Chesney, Col~nenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 8.a. MOTION NO. 2003-323 Motion authorizing the City Manager or his designee to accept a grant in the amount of $127,226 and to execute a ~:ontract and all related documents with the Texas State Library and Archives Commission for the continued operation of the Interlibrary Loan Referral Center located at the Corpt~s Christi Public Library. The foregoing motion wa~ passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 8.b. ORDINANCE NO. 025485[ Ordinance appropriating a grant in the amount of$127,226 from the Texas State Library and Archives Commission for Operation of the Interlibrary Loan Referral Center by the South Texas Library System admJnistered by the Corpus Christi Public Library in the No. 1068 Library Referral Fund. An emergency was declared, and the foregoing ordinance was passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kiunison, Noyola and Scott, voting "Aye". 10.a. MOTIONNO. 2003-329 Motion authorizing the City Manager or his designee to accept a grant in the amount of $57,855 from the State of Texas, Criminal Justice Division for continuation funding available under the Violence Against Women Act (VAWA) Fund and to execute all related documents. The foregoing motion was passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". / Minutes - Regular Council Meeting September 16, 2003 - Page 5 1 10.b. ORDINANCE NO. 025487 13. Ordinance appropriating No. 1061 Police Grants Fun Women Act (VAWA) Funt Trust Police Grants Fund An emergency was declm vote: Neal, Chesney, Col voting "Aye". MOTION NO. 2003-332 Motion authorizing the Ci! contract for professional se~ Texas in the amount of $51 Habitat Community Monit~ The foregoing motion was Cooper, Garrett, Kelly, Kir 15. MOTION NO. 2003-334 7,855 from the State of Texas, Criminal Justice Division in the ri for continuation funding available under the Violence Against and appropriating $7,250 from the No. 1061 Law Enforcement ; matching funds. fl, and the foregoing ordinance was passed with the following nenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, y Manager or his designee to execute Amendment No. 1 to a vices with Shiner, Moseley & Associates, Inc. of Corpus Christi, 6,863 for the Packery Channel Project - Mollie Beatty Coastal ,ting Plan. passed with the following vote: Neal, Chesney, Colmenero, nison, Noyola and Scott, voting "Aye". Motion authorizing the City Manager or his designee to execute a contract with Alan Plummer Associates, Inc. pf Austin, Texas in an amount not to exceed $60,400 for the Greenwood Wastewater Treatment Plant Water Effects Ratio Study of Copper in Oso Creek. The foregoing motion wa~ Passed with the following vote,:, Nea,!, Chesney, Colmenero, Cooper, Garret't, Kelly, Kinmison, Noyola and Scott, voting Aye . 16.a. MOTIONNO. 2003-335 Motion authorizing the City Manager or his designee to accept a supplemental grant in the amount of $5,000 from thel United States Bureau of Reclamation for site specific security improvements and enhancements at Choke Canyon Dam, Nueces River Project, Texas. The foregoing motion wa~ passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Ki~ison, Noyola and Scott, voting "Aye". Minutes - Regular Council Meeting September 16, 2003 - Page 6 16.b. ORDINANCE NO. 025485 Ordinance appropriating $5,000 of grant proceeds from the United States Bureau of Reclamation in the No. ]052 Water Grants Fund to provide site specific security improvements and enhancements at Choke Canyon Dam, Nueees River Project, Texas; and amending the No. 1052 Water Grants Fund Budget by increasing appropriations by $5,000. An emergency was declared, and the foregoing ordinance was passed with the following vote: Neal, Chesney, Col~nenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 17. ORDINANCE NO. 025489 Amending a five-year lea~e with Bayfest, Inc. approved by Ordinance No. 023972 to conduct a festival and related activities on the sidewalks, medians and seawall along Shoreline Boulevard from I9terstate Highway 37 to the convention center complex, the barge dock and adjacent bay waters and the vacant city block bounded by Resaea, Fitzgerald, Chaparral and Water Streets (premises) and to revise dates for years 2003 and 2004. (First Reading - 08/19/03) The foregoing ordinance was passed with the following vote: Neal, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney abstained. Mayor Neal opened discusSion on Item 9 regarding the Community Youth Development Program grant. Council Member I{elly asked what the city was doing to measure the effectiveness of this program in reducing youth crime in the 78415 area. Mr. Chris Semtner, Superintendent of Support Services for the Park and Recreation Department, replied that staff will soon have access to statistics that are separated by Zip code fi'om the Youth Opportunities United (YOU) group, courtesy of Texas A&M University- Corpus Christi. City Manager Noe added that staff could provide a report detailing staff's perception of the effectiveness of the program. Mr. Kelly said that he would appreciate a report, because he was concerned that the 78415 area was still quite troubled despite the program's efforts. He said that he would like some assurances that the money being spent was indeed having an impact on the area. Mr. Semtner added that the program conducts an annual survey of the participants of the 78415 program at town hall meetings, asking them for their perceptions of how the monies should be spent. He said that they have identified teen pregnancy, youth leadership programs, summer programs, and mentoring programs. In response to Mr. Kelly's question, Mr. Semtner replied that the program has piggybacked on the Weed and Seed Program's Fall Festival for the past two years to increase the survey's response rate. Last year, Mr. Semtner said that 250 people participated in the survey. Mr. Kelly replied that the individuals may have effectively identified the problem issues in the area, but his primary concern was determining how effective this program was at addressing those issues. Mr. Semtner said that he would provide a report. Minutes - Regular Council Meeting September 16, 2003 - Page 7 City Secretary polled the Council for their votes as follows: 9.a. MOTION NO. 2003-324 Motion authorizing the Cit Department of Protective fi.om the Community You~ recommended by the Corn 2004. Manager or his designee to execute a contract with the Texas nd Regulatory Services for funding in the amount of $426,000 Development Program for the 78415 ZIP Code for projects as nunity Youth Development Steering Committee for FY 2003- The foregoing motion wa~ passed with the following vote: Nea,!, Chesney, Colmenero, Cooper, Garrett, Kelly, Ki~nison, Noyola and Scott, voting "Aye . ORDINANCE NO. 02548¢ Ordinance appropriating Sz Services in the No. 106£ Community Youth Develo An emergency was declar~ 26,000 from the Texas Department of Protective and Regulatory Community Youth Development Grant Fund to fund the ~ment Program in the 78415 ZIP Code for FY 2003-2004. :d, and the foregoing ordinance was passed with the following vote: Neal, Chesney, Colmbnero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 9.c. MOTION NO. 2003-325 Motion authorizing the City Manager or his designee to execute a subcontract with Communities in Schools, Ibc. in the amount of $241,643 to provide services for youth ages 6 to 17 in the 78415 ZIP Code. The foregoing motion waS passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Ki~mison, Noyola and Scott, voting "Aye". 9.d. MOTION NO. 2003-326 Motion authorizing the City Manager or his designee to execute a subcontract with the Park and Recreation Departmettt in the amount of $17,000 to provide services for youth ages 6 to 17 in the 78415 ZIP Code. The foregoing motion waS passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Minutes - Regular Council Meetin~ September 16, 2003 - Page 8 ' 9.e. MOTION NO. 2003-327 Motion authorizing the Ci! and Girls Club of Corpus youth ages 6 to 17 in the 3 The foregoing motion was Cooper, Garrett, Kelly, Kin Manager or his designee to execute a subcontract with the Boys hristi, Inc. in the amount of $45,957.30 to provide services for 415 ZIP Code. passed with the following vote: Neal, Chesney, Colmenero, aison, Noyola and Scott, voting "Aye". 9.f. MOTION NO. 2003-328 Motion authorizing the City Manager or his designee to execute a subcontract with the YMCA of Corpus Christi in the amount of $37,586.69 to provide services for youth ages 14 to 17 in the 78415 ZIP Code. The foregoing motion wa.q passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kiflnison, Noyola and Scott, voting "Aye". Mayor Neal opened discuss[on on Items 11 and 12 regarding Capital Improvement Program Project Development Assistance. With regard to Item 11, Council Member Noyola asked staff to describe the planned capital improvements in more detail for the benefit of the citizens who may be viewing the telecast. City Engineer Jmgel Eseobar replied that the improvements were prioritized geographically, separated on the east and west by Weber Road. He said that staff had selected the HDR engineering firm to handle the Weber East area, and the Goldston Engineering firm to handle the Weber West area. He said that both firms were being hired to determine the scope of the improvements, both street and drainage, needed for each project. He said that the final report would provide detailed information on cOst estimates, length of the project, right-of-ways permits, and environmental permits, among others. He said that the reports would give staffthe information they need to inform the Council on the Costs and construction schedule for each project. He added that this was staff's most intense effort to finalize all the CIP cost estimates for streets and drainage for the last nine years. Mr. Noyola stated that he had no further questions regarding Item 12. City Secretary Chapa polled the Council for their votes as follows: 11. MOTION NO. 2003-330 Motion authorizing the City Manager or his designee to execute Amendment No. 1 to a contract for professional services with HDR Engineering, Inc. of Corpus Christi, Texas in the amount of $256,500 for Capital Improvement Program Project Development Assistance. The foregoing motion was passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". / Minutes - Regular Council Meeting September 16, 2003 - Page 9 I 12. MOTION NO. 2003-331 Motion authorizing the City Manager or his designee to execute Amendment No. 1 to a contract for professional seWices with Goldston Engineering, Inc. of Corpus Christi, Texas in the amount of $299,5~5 for Capital Improvement Program Project Development assistance. / The foregoing motion was Cooper, Garrett, Kelly, Kin Mayor Neal opened discus~ of a sanitary sewer on Palo Alto St~ amendments to the contract would had already been performed, and st~ that staff found that a good portion Mr. Escobar said that the line had n proactively to replace the line befo~ Escobar replied that the remainder to complete point repairs whereve~ project was expected to last, from months. passed with the following vote: Neal, Chesney, Colmenero, aison, Noyola and Scott, voting "Aye". ion on Item 14 regarding the Broadway Basin and replacement eet. Council Member Kinnison asked what effect the proposed have on the area. City Engineer Escobar replied that the work ffwas asking for the Council's ratification of this item. He said of the line was broken and had already collapsed. Fortunately, at caved in on the street level. He said that staffwas able to act e problems arose. In response to Mr. Kinnison's question, Mr. of the project would cause the closure of portions of the street damaged lines were found. Mr. Kinnison asked how long the start to finish. Mr. Escobar replied that he believed it was six City Secretary Chapa polle~l the Council for their votes as follows: 14. MOTION NO. 2003-333 Motion authorizing the Cit~ Manager or his designee to execute Change Order No. 2 with Reynolds Inliner, LLC of Baytown, Texas in the amount of $46,622 for the Broadway Basin SSO-FI and RehabilitationlStage 2 - Removal and Replacement of 15-inch sanitary sewer on Palo Alto Street. The foregoing motion wa~ passed with the following vote: Neal, Chesney, Colmenero, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly abstained; Cooper was absent. Mayor Neal deviated from ithe agenda and referred to Item 22, one of the presentations on the day's agenda on Bayfest 2003. Ms. Roxanne Gonzalez Cuevas, 2003 Bayfest General Co-Chair, described the events scheduled ali this year's festival to be held Sept. 19-21, 2003. Ms. Teri Bellman, 2003 Bayfest General Co4Chair, thanked those responsible for making the festival possible this year. Mayor Neal referred to Itcm 18 on the regular agenda regarding the Convention and Visitors Bureau (CVB) Board of Directors. City Manager Noe explained that the CVB Board was requesting that two ex-officio, non-voting members, representing the Corpus Christi International Airport and Minutes - Regular Council Meeting September 16, 2003 - Page 10 the Coastal Bend Regional Tourism Council respectively, be appointed to the board. There was no comment from the audience. City Secretary Chapa polled the Council for their votes as follows: 18. MOTION NO. 2003-336 Motion authorizing the Ci' Consulting Services Agreet Convention and Visitor's B~ Christi International Airport one non-voting member to y Manager or his designee to execute an amendment to the ~ent between the City of Corpus Christi and the Corpus Christi ·eau to allow the City of Corpus Christi on behalf of the Corpus and the Coastal Bend Regional Tourism Council each to appoint he bureau's Board of Directors. The foregoing motion wa~ passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kin~ison, Noyola and Scott, voting "Aye". Mayor Neal opened diseusslon on Item 19 regarding the South Texas Military Facilities Task Force. City Manager Noe explained that staff was asking the Council to authorize the city's annual contribution of $50,000 to support the South Texas Military Facilities Task Force. In addition, he said that the city's consultants wotlld provide a briefing on the status of their efforts related to the upcoming round of BRAC (Base Realignment and Closure). Assistant City Manager Rorl Massey introduced Mr. Steve "Spike" Karlakeas and Mr. Gary Bushell, the city's consultants who have been working with the South Texas Military Facilities Task Force for the past two years. He said that Mr. Karlakeas would discuss the BRAC process and Mr. Bushell would discuss current concepts that he has discussed regarding our regional military facilities. Mayor Neal interjected by thanking Mr. Karlakeas and Mr. Bushell for their efforts in protecting the area's military facilities from closure. Mr. Karlakeas provided a briefing on the city's position in the base closure process. He said that the South Texas Military Facilities Task Force had taken this community, and its four installations (NAS-Corpus Chris~i, NAS-Ingleside, Corpus Christi Army Depot, and NAS- Kingsville), safely through three prior BRAC rounds. He thanked the Council and the region for their support. He said that the goal of the task force was to preserve these operations in South Texas and hopefully expand them. However, he said that the challenge facing the region was very serious. Mr. Karlakeas reported that Secretary of Defense Donald Rumsfeld and Deputy Secretary of Defense Paul Wolfowitz had made it abundantly clear that they wanted to close an additional 25 percent of bases. He noted that the aggregate number of closures in the three prior rounds of BRAC was 21 percent. Thus, Mr. Karlakeas said that if Secretary Rumsfeld's predictions were correct, more bases would be closed in this round of BRAC than in the preceding three rounds combined. Mr. Karlakeas reviewed the important dates in the upcoming BRAC schedule. He said that the next major event would occur ia February 2004. At that time, the Department of Defense (DOD) was scheduled to submit to Congress a plan detailing what the defense picture would look like for the next twenty years, called a ForCe Structure Plan and Inventory of Infrastructure Requirements. Consequently, Mr. Karlakeas said that the DOD would then certify that on this basis, the DOD would need a base closure round to shrink the size of the installations in the country to match that Minutes - Regular Council Meeting September 16, 2003 - Page 11 force structure. In March 2005, Mr. Karlak nine-member BP, AC Commission. because they would be determinin May 2005, was the most critical n of which installations they wante Commission. He said that if any of a 90 percent chance that they would work now to anticipate and be pr, scheduled to submit their list of c September 2005, who would in t~ decisions would be finalized. He ~ both the President and the Congre., Mr. Gary Bushell briefed ti these critical dates. He said that during this round of closures. He s: capacity for joint activities. Mr. ability to serve the branch that o Department of Defense overall. He mission and served more than on{ rating. Based on these criteria, Mr. because it trained Navy, Marine an Depot was also a multi-service fm ~as said that the President of the United States would appoint a He said that the membership of the commission was important the fate of installations. Mr. Karlakeas said that the next date, )ment of the process. At that time, the DOD would issue a list t to close and present them to the Congress and the BRAC :he four South Texas installations appeared on the list, there was indeed be closed. Thus, Mr. Karlakeas said that the region must ~pared for that date. He said that the BRAC Commission was osures and realignment recommendations to the President by tm submit it to Congress for a vote. In December 2005, all oted that the list must be accepted or rejected in its entirety by S. e Council on the task force's activities to date in anticipation of he region's installations would be judged by different criteria rid that the federal statute defined "military value" in part by the lushell explained that a base would be judged not only by its ~erated it; rather, it would also be judged by its value to the said that it was clear that those bases that served more than one branch of the military would receive a higher military value [~ushell stated that NAS-Corpus Christi was a model installation 1 Air Force aviators. He remarked that the Corpus Christi Army :ility because it repaired helicopters for all of the services. In addition, the Depot has partnered ,,' uccessfully with the private sector to increase its efficiency. Regarding NAS - Kingsville, Mr. Bushell commented that it was a single-service, single- mission base, so it did not fall in ~e joint activities category. He said that during this BRAC, the DOD may look at combining the n~issions at another underutilized base, such as Del Rio. He said that the task force believed that it Was important to identify additional missions for Kingville. Finally, Mr. Bushell statec base, but their Mine Warfare Cent~ value. He said that the task force to provide significant funding for NAS-Ingleside should be consider~ that NAS-Ingleside was also a single-service, single-mission :r of Excellence may prove to be significant in demonstrating its var failed to mention that the con'nnunity had voted three-to-one he construction of NAS-Ingleside. Also, Mr. Bushell said that ~d as a homeport for the Coast Guard Coastal Patrol vessels. He stated that the City of Ingleside was willing to pledge its sales tax for the amortization of the bonds to build additional wharf and pier space for the three Coastal Patrol vessels. If the vessels were patrolled there, then NAS-Kingsville would be an interagency base and support homeland defense. Mr. Busbell said that NAS-Ingleside would be an ideal home for Navy South and that, unlike most naval bases, it can accommodate additional growth. Mr. Bushell discussed a joint mining concept for the 21st Century. He said that it was a concept that the Secretary of Defense has charged the United States Joint Forces Command with implementing in October 2004. Basically, he said it would involve a place to do true, four-service mining. He said that traditionally, the four services had not trained in the same battlespace together, Minutes - Regular Council Meeting September 16, 2003 - Page 12 yet that was how battles were fought. Mr. Bushell noted that the South Texas coastline was one of the least inhabited areas in the Unit~ and it had substantial airspace that that the task force was also recom located in the Gulf of Mexico, beca~ He also said that Ingleside was th~ support a carrier battlegroup. Mr. B force has presented for NAS-King Excellence. In conclusion, Mr. Bushel States Joint Forces Command with, parts of the United States by Octob directed that 25 percent of all futur~ Gulf Region provided an ideal ce: regional venue can provide assets In response to Mayor Neal installations would be need to be i~ being employed by the DOD, inclu secret process. He said that Seer requirements regarding confidential would be prosecuted. He said, ho' d States. Other pluses were that the area had excellent weather ~vas controlled by the federal government. Mr. Bushell stated nending the area as a Littoral Warfare Center of Excellence, tse the conditions are similar to those found in the Persian Gulf. only complex in the Gulf of Mexico that was well suited to ushell also stated that one of the training concepts that the task ;ville was the concept of a Joint Close Air Support Center of stated that the Secretary of Defense had charged the United leveloping several joint national mining capabilities in several :r 2004. He said that ultimately, the Secretary of Defense had training was to be joint training. He said that the states in the ttral U.S. venue for joint training. Finally, he said that this >r all aspects of live, constructive and virtual training. 's question, Mr. Karlakeas reiterated that the fate of the four ~pacted between now and May 2005. He said that the process ting data collection, analysis, projection and evaluation, was a ~tary of Defense Rumsfeld had issued very strict, draconian ity, saying that anyone who leaked information about the process Yever, that there was nothing to prevent them fi.om providing input into the process. Once the closure list was released in May 2003, Mr. Karlakeas stated that the DOD's process would become ~ublic information, but by this time, he said that it would be too late. ~ Council Member Colmenero commented that the presentation indicated that the plan would involve six states. He asked about the possibility of parmering with the other states to get the message across. Mr. Bushe!J responded that he would be in Louisiana next week to give the presentation to the Governor s Military Advisory Committee. He said that he had also been in contact with their Economic Development organization to obtain contacts to be forwarded to Ft. Hood. He said that Fort Hood has ioffered to host a conference on this training concept and invite members of the active duty military to attend, representing each of the bases. Mr. Colmenero suggested that the task force consider making presentations to the Texas Municipal Leagues, as well as other participating state leagues, and the National League of Cities to stimulate more civilian support. Council Member Scott remarked that the difference between this BRAC and previous experiences was that once the closm'e list was released, it was virtually impossible to be removed fi.om the list. Mr. Karlakeas agreed, saying that the law was changed this time to make it more difficult for the commission to add!other installations to the list. In the past, when the commission wished to take a base off the lisl, they were required to substitute it with another base. Mr. Karlakeas said that this time, a super majority of the commission (7 out of 9) was required to add another base to the list. Mr. Scott noted that another difference between this BRAC round and previous rounds was that the Department of Defense was in charge of the process. Mr. Karlakeas agreed, saying that this was a majo~ difference. In the preceding BRAC rounds, the process was mn by the services - e.g. the Air Force evaluated their bases, the Navy evaluated their bases, and so on. / Minutes - Regular Council Meeting September 16, 2003 - Page 13 ! This time, he said that the DOD v4as being charged with task because the goal was to make the installations joint training facilitieS. Mr. Scott also said that military value appeared to be a more important criteria than in past BlOCs, and he said that a portion of that value would be measured by the capacity for joint training. Mr. Bushell agreed, saying that in the past, they had heard that naval bases and air force bases wo bases tend to have more invested money in its ships. Thus, in terms air force bases. He said that it did would be significant in this BRAC In response to Mr. Scott's ~ for at least a decade. He noted that to gain missions. Mr. Scott comm~ to "mothball" facilities, meaning tl be allowed to take them over for e, ild be considered as joint training sites. He said that air force a them than naval bases because the Navy invests more of its ~f amenities, the naval bases do not compare favorably with the not become an issue in the last BRAC, but it was clear that it round. uestion, Mr. Bushell stated that this would be the only BRAC it was also a realignment process, so it was also an opportunity nted that the worst case scenario would be if the DOD decided .at they would be closed down but the communities would not ~nomic development purposes. Mr. Karlakeas said that some communities have been able to rec >ver economically from base closure by redeveloping the land and putting it back on the tax rolls. He agreed that mothballing a facility was truly devastating to a community. Mr. Scott agreed that the real impact would need to be made now to ensure that the region' s four installations would not appear on the closure list. He thanked the South Texas Military Task Force for their efforts. Council Member Kinnison 0sked what the task force's total budget was. Mr. Bushell replied that they had a $200,000 budget, that was provided based on population. He said that San Patficio County, Kleberg County, the City of Corpus Christi, the Port of Corpus Christi and Nueces County all provided contributions. Mr. Kinnison asked ifNueces County would be contributing this year. Mr. Bushell replied that a contribution was not included in the budget that the county just adopted. Mr. Kinnison replied this seemed shortsighted. Mayor Neal agreed, saying that it was a real cause for concern because the task force budget was very lean as it was. He said other states have been spending millions of dollars on thi~ effort over the last few years. He said that the State of Texas, through Proposition 20, has now offered funds for communities to borrow to increase the military value of their bases. However, he said that this community would be called upon to demonstrate their support of this effort, so additional funds were going to be needed. Council Member Kelly asked how much money the county usually contributed. Mr. Bushell replied that the population numbers called for Nueces County as a whole to provide $150,000, but this amount was split evenly between the county, the city and the port. Thus, Nueces County was being expected to provide $50,000. He said that the county did pay for last year, but it was not in the budget for this year. Mr. Kelly asked ifa $200,000 budget was sufficient. Mr. Bushell replied that as the base closure dates appraached, the consultants would need to make more trips and make more calls. Subsequently, there Were aspects of the budget that could be enhanced. But at this point, they were more concerned about how to meet their minimum budget requirements without the county's contribution. Mr. Kelly asked what the consequences would be if the county did not provide the $50,000. Mayor Neal replied that the consultants would not be able to continue to provide their services. Council Member Noyola asked if Kingsville and Ingleside were contributing toward this cause. Mr. Bushell replied affimaatively, saying that they were contributing based on their Minutes - Regular Council Meeting September 16, 2003 - Page 14 populations. In addition, he said thOt they supplemented the overall effort with their own resources. Mr. Noyola commented that the city could not afford to lose the services of the consultants, and that another source of funding would h~tve to be found. Council Member Chesney asked what the task force was planning to do to replace this funding. Mr. Bushell replied that 9nder last year's contract, the task force was required to submit a report to the county by the en4 of September, next Wednesday. He said that he would be presenting this briefing to the coqnty on next Wednesday. Mr. Chesney commented that if the county chose not to participate, it v~ould show a lack of commitment to saving the area's bases. He remarked that the county benefitte, keep its priorities in mind during t efforts presented today, the task for~ would strengthen the installations. appropriation to build a new mine from having the bases in the region, too, and that it needed to ~e budget process. Mr. Karlakeas stated that in addition to the :e was active on the legislative front to secure appropriations that He said, for example, that they were working on a $7.7 million ~arfare command headquarters in Ingleside. Council Member Kinniso.~ asked if in prior closures, there had been an effort to obtain private funding. Mayor Neal replied that the hope was to continue these efforts without going into the community again. He said that in 1993-1995, the task force had raised $1 million from the community, mostly from the private sector. However, Mayor Neal said that there were so many other demands being placed on the Community that he made the decision to continue to depend upon those entities that have made a commitment to economic development. He said that the next year was critical, so going to the community for additional funding may be necessary. There was no comment from the audience. City Secretary Chapa polled the Council for their votes as follows: 19. MOTION NO. 2003-337 Motion authorizing the City Manager or his designee to make the annual contribution of $50,000 to continue the City's active participation in and support for the mission and activities of the South Texas Military Facilities Task Force. The foregoing motion was passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal deviated from the agenda and referred to Item 25, a presentation on the South Wharf Project. City Manager Noe said that staff had met with Mr. Loeb last week to talk about outstanding issues. He said that the purpose of the presentation was to bring the Council and the community up to speed on the proposal itself, in terms of construction and the land use mix. He said that the presentation was not intended to be a lease discussion at this point. He said that the goal was to reach a mutual understanding around the first of the year and have a lease in the Spring, which allow the Council ample time to place the issue on the ballot for the November 2004 election if they wish to do so. Mr. Leon Loeb said that he welcomed the opportunity to provide the Council and the / Minutes - Regular Council Meeting September 16, 2003 - Page 15 community with an update on his p~oposal. He also welcomed the opportunity to get feedback fxom the public through the new "virtual meeting" format being used at today's meeting. Mr. Loeb briefly discussed his LandLord Resources. Then, he t commercial waterfi'ont to an area ti to the construction of the seawall. storms, but an unintended result wa reconstruction of the seawall would Mr. Loeb stated that the Sol bay by providing the following: a waterfront experience; live, work, that the goal was to create a vital Mr. Loeb stated that the f( successful: must be politically acc public; and must be financially fea; project, he said that it was locate, qualifications and provided information on his company, iscussed the evolution of the downtown area from an active, at was well inland and far removed from the waterfront, thanks He said that goal had been to protect the downtown area from that the city lost its active waterfi'ont. He noted that the current ive the city an opportunity to define how we relate to the water. h Wharf vision was aimed at reconnecting downtown with the focal point for bayfront activity; a distinctive place; an urban lay ethic; life on the bay; and the best of Corpus Christi. He said ~d energetic place where people, events and the bay meet. [owing requirements needed to be in place for the project to be ~ptable; must meet environmental standards; must benefit the ;ible for the developer. Regarding the location of the proposed at the south end of the marina. He said that it had been a maintenance problem in the past.' Finally, Mr. Loeb said it was identified as a site for new development in the 1982 Master ?lan. He said that the space was proximate to a number of locations downtown, including th,~ boat basin, the open bay, the beach and breakwater, public parking, the seawall, the Art Cente r, parks and a resort hotel. Mr. Loeb gave the followiag reasons why he chose the South Basin area for his proposed development: consistent with exis!ing plans; multi-use, water-oriented focal point; underutilized location; breakwater protection; minimal interference with upland views; existing public parking; and economical construction. He discussed the followi/ag development concepts: primarily oriented toward water; comfortable outdoor public spaces~uses which build on existing activities; pedestrian environment; mixed use; meet FEMA Elevation ~'equirements; and satisfy the preferences and expectations of the community. He also discussed the following development challenges: overcome perception of difficulty; develop a project that works; and deal with ongoing bayfront planning. Regarding the perception of difficulty, Mr. Loeb said that the perception existed in part because of laws imposed by the charter and by the state limiting municipal action. In addition, he said that the required referendum was a challenge because the projeci had to have public support and had to withstand public scrutiny. Finally, Mr. Loeb said that possible ~pposition fi'om bayfront preservation groups and environmental groups'was also an issue. To develop a project that worked, Mr. Loeb stated that the project must meet community preferences and expectations. He said that it had to financially feasible and operationally workable. Also, he aoted that it must be a good deal for the city and a development of which the city could be proud. Regarding ongoing bayfront planning, Mr. Loeb acknowledged that the project would need to coOrdinate with the Buccaneer Carnival location, Shoreline Park development and the coliseum redevelopment. Minutes - Regular Council Meeting September 16, 2003 - Page 16 Mr. Loeb recognized the p~oject team members involved with South Wharf, including the following: WKMC Architects; Goldston Engineering; Olivarri Associates; Harry Marks with Gary Thomasson Hall & Marks; John Ball with Wood Boykin & Wolter; Collier Johnson & Woods; and ICAP Realty Advisors. He also discussed a numbe plans and conditions; preliminary with city; public information and re Code Enforcement); final plannin currently, the team was at the lease Mr. Loeb provided a list of Water Shore Advisory Committee, i Management District; Economic ] Republican Women; and the Coast Mr. Loeb provided a desig design of the project. Regarding p~' that it would not interfere with exis rebates; and submit to a referendur proposed project would take up al mixed use project, including retail, like the seawall; pedestrian spaces for tenants; and use of existing Me · of process elements, including the following: review existing tesign; interactive public design development; negotiate lease ferendum; permitting (Corp of Engineers and city Planning and ; and financing; construction; and operation. He noted that negotiation stage of the process. participants in the interactive process, including the following: ~ay Yacht Club; Leadership Corpus Christi Alumni; Downtown )evelopment Corporation Board; Homebuilders Association; al Bend Bays Foundation. a outline including the political imperatives and the physical ditical imperatives, he said that the project must be additive so :ing bayfront activities; privately funded; no tax concessions or ~. With regard to the physical design, Mr. Loeb stated that the .out five acres of new land; up to 200,000 sq.t~, of buildings; :ntertainment, office and residential uses; over 14 feet elevation, md pla?as; full marina and sailing support; subsurface parking nodal Coliseum parking for visitor. Mr. Loeb provided a number of conceptual designs and diagrams for the proposed project. He said that the development con~ponents included the following: retail and restaurant space- 40,000 sq.f~.; water equipment rentals- 5,000 sq.ft.; youth sailing center- 5,000 sq.f~.; beach service facility- 3,000 sq.ft.; office space- 40,000 sq.ft.; apartments (80 to 100 units)- 80,000 sq.t~.; marina, with up to 50 boat slips and stay-abOard facilities; and a hospitality component, including a bed and breakfast (20 rooms) and a small boat cruising center with 10 to 20 slips. Mr. Loeb noted that the preference was to have retail and restaurant facilities that were locally owned and reflected the types of merchants and restaurants that the community was accustomed to patronizing. When asked why there wasi so much activity planned for the area, Mr. Loeb stated that the financial feasibility required a multi-use development to absorb the high site cost. He also said that the activity would create greater community appeal, more opportunity, synergy and local expression. Mr. Loeb provided an optimal development timeline. As City Manager Noe mentioned earlier, Mr. Loeb said that the goal Was to go through a public review and comment period and then negotiate a summary development iagreement in Fall 2003. In January 2004, Mr. Loeb said that a draft of the summary development agreement would be submitted to the Council for their consideration followed by additional public review. In May 2004, he said that a development agreement and lease was anticipated to be completed and submitted for public review. In August 2004, he said that the documents and ballot language would be complete in time for the November 2004 election. Assuming the referendum passed, the permitting and final design of the project would take place between December 2004-2005. In January 2005, he said that construction on the Minutes - Regular Council Meetin~ September 16, 2003 - Page 17 / project would begin. Finally, Mr. l~oeb said that the project would probably open in Summer 2006. Finally, Mr. Loeb announc~ Wharf Project was scheduled for Bayfront Convention Center, Roo~ and that everyone was welcome. Council Member Cooper as especially since the city had just en, that his team had already begun th{ review. He said that he planned to more opportunities for public inpu website. Finally, he said that he ~ would be taken to record the trans noted that Mr. Loeb had been pres assumed that he had taken good m project. Mr. Loeb replied that he 1~ comments from those that reflecte, doing a fairly good job of respond another "fatal flaw" analysis on tl public was that the project would similar projects that had been perm spending any more time and resou ~.d that a Public Open House and Listening Session on the South Thursday, September 25 from 4:30 p.m. to 6:30 p.m. in the a 225. He said that a presentation would be given at 5:45 p.m. ced Mr. Loeb how he was going to address the public input issue, led a tortuous process on the Landry's project. Mr. Loeb replied process by providing a great deal of written material for public lave more public Open Houses and Listening Sessions to create t. He said that the plans were on his website and on the city's as hopeful that as the negotiations progressed, that good notes actions for review by the Council and the public. Ms. Cooper :nt for most of the Landry's public heatings. She said that she tes, and that he would keep them in mind when presenting this ad taken good notes, and was in the process of sorting the valid I a resistance to progess. He said that he felt that the team was ng to concerns. He said that his next step would be to conduct ~e permitting process, since one of the concerns raised by the not be able to obtain a permit. He said that he knew of other tted, but that he would speak with the Corps of Engineers before · ces on the project. Council Member Noyola a~ked how many parking spaces the project would need. Mr. Loeb responded that approximately 400loft-site spaces would be needed during peak use. He said that he would like a commitment from ihe city to allow for this amount of parking within 800 feet of the proposed site. He noted that he dic~not expect free parking or exclusive parking. In response to Mr. Noyola's question, Mr. Loeb said that the additional parking would be for visitors to the development, since the residents ahd retailers would be assigned on-site parking. Council Member Kinnisoniasked what the process would be from this point. He also asked if the closed session on this item that was cancelled today would be rescheduled for next week. City Manager Noe replied affirmatively, saying that additional material would be furnished at that time. He said that staffwould meet with Mr. Loeb next Tuesday morning to further discuss the matter with him. Mr. Kinnison commented that after the closed session, he hoped that the Council would be able to inform Mr. Loeb about the Council's perspective on the deal points for the project. City Manager Noe replied that at a minimum, he would learn how the Council wished to be represented during negotiations. Mr. Kinnison~ agreed, saying that he hoped that these measures would prevent a overextended process like the Landry's proposal. Council Member Kelly aslqed Mr. Loeb how the South Wharf project would reconnect the average citizen to the bayfront. Mr. Loeb replied that there would be public space around the perimeter and public space within hhe project in the plazas. He said that there would be a stage on the property that could be used as a public amphitheater with seating on the seawall. He also stated that they would be providing snacks and rentals for people on the beach. Finally, he said that he thought the development would be a center of commerce and would provide a number of amenities Minutes - Regular Council Meeting September 16, 2003 - Page 18 for downtown residents. Council Member Kelly ask~ that at this point, he thought that re would range from $1.80 to $2.00 percent more than new, inland apm shops was anticipated to be. Mr. L different from the rent for a small sl per square foot per month and ape were not necessarily high end. Council Member Kelly asl create the development without thc saying that the only concession the, to the site. Mr. Kelly asked if the i all times. Mr. Loeb said that they early morning hours; Mr. Kelly a., d how much he thought the condos would cost. Mr. Loeb replied ntal apartments would be offered instead. He thought the rents square foot per month, which he said was approximately 60 ments were asking. Mr. Kelly asked what the rent on the retail >cb replied that rent as a percentage of sales would not be much lop in Padre Staples Mall. He anticipated that it would be $1.50 'centage rent rate of 6-10 percent. He said that the retail spaces :ed if he had understood correctly that the expectation was to contribution of public dollars. Mr. Loeb replied affirmatively, ' have asked for at this point was the extension of off-site utilities ,oardwalk and the thoroughfares would be open to the public at ~ould be open to substantially to the public, just not during the ked if there were any expectations that the development would curtail activities on the marina. Mr. Loeb replied negatively. Council Member Garrett a~ked how many on-site parking spaces the development would have. Mr. Loeb replied that 250 ~paces were programmed for the residents, retailers and office users. Mr. Garrett asked if the permitting process could be accelerated so that it could be completed before the matter went before the ~oters. Mr. Loeb replied that it was possible, but that it would be expensive. Mr. Garrett said that he felt that the permitting process needed to be addressed quickly. Council Member Colmen~ro asked how the wetland area would be separated from the development and the existing breaker. Mr. Loeb replied that there were two ideas to accomplish this: fill the area with sand and create a sand volleyball court or convert it to a fide pool, similar to that at the Texas State Aquarium. Mr. Colmenero asked if Mr. Loeb intended to maintain the area and keep it free of debris. Mr. I~oeb replied affirmatively. Mr. Colmenero asked if Mr. Loeb intended to dredge the area so that it could be used by boaters. Mr. Loeb replied affirmatively, saying that some dredging would probably be required. Mayor Neal deviated fromithe agenda and opened discussion on Item 20, and a motion was made, seconded and passed tO open the public hearing on the following item: 20.a. Public Hearing to determine the advisability of establishing the proposed Rodd Field Public Improvement District. City Secretary Chapa announced that Council Member Scott was abstaining from the discussion and vote on this item./~ssistant City Manager Ron Massey provided a brief background on the area in question, Rodd Field Village. He said that in 1989, the city annexed the area and had prepared a service plan as a result. In 1991, Mr. Massey said that staff worked with some of the property owners to get them into cOmpliance. He said the basic problem was that when the property was originally sold, it was not platted because it was not required since it was outside the city limits. / Minutes - Regular Council Meeting September 16, 2003 - Page 19 In 1999, Mr. Massey said that a lawsuit was filed against the city because the city had begun code enforcement actions against proper~y owners. As part of the settlement, the city agreed to work with the property owners to plat the properties. In October 2000, he said that the Council authorized staff to explore the feasibility of establishing the public improvement district, established proposed disthct boundaries and established 1 that staff went through the process t a public hearing and approval oft~ Mr. Michael Gunning, Dire a public improvement district for conditions and improving the healt of the properties within the propos~ city and private funds for the instz ensure that existing and future de regulations and building codes. ,roposed public improvements. Since that time, Mr. Massey said fcompleting the rest of the actions necessary to get to this point, e district. :tor of Planning, said that the issue in question was to establish Rodd Field Village for the purpose of eliminating blighted ~, safety and welfare through the following actions: platting all ~d district; providing a financing mechanism through the use of llation of public infrastructure; and furthering the objective to telopment is in compliance with state and local development Mr. Gunning said that prior 024261, passed on October 2000. ' hire a surveyor to survey the propo~ property within the district; identif. or condemnation; prepare final co., and prepare a preliminary assessr Council action on this item was centered around Resolution No. 'he resolution authorized the City Manager to do the following: ed district; hire an engineer and surveyor to prepare a plat of the ~ any property that needs to be acquired by dedication, purchase t estimates for the construction of the proposed improvements; lent roll. At this point, Mr. Gunning reported that staff had accomplished all of these objectives. Mr. Gunning said that the resolution also directed the City Manager to make the following recommendations: adjustments in the boundary of the proposed district; specific improvements that should be constructed; method thatishould be used for assessing the appropriate costs to the property owners; apportionment of cost betWeen the improvement district and the city; and how to fund the city's share of the costs. Regarding the adjustments to district boundaries, Mr. Gunning said that staffhad received two property owner requests to ar ast the district boundaries. The first request was being made by Mr. Mark Bratton, who owns Part 1 #51, which fronts on Yorktown Blvd. and sides up to what will eventually be the extension of Ro, Id Field Road. He said that Mr. Bratton has requested that the property be completely removed ~rom the district. Mr. Gunning noted that the property is not platted, but a plat has been submi, ted and not finally recorded. Mr. Gunning said that staff was recommending the denial of the request for the following reasons: the opportunity existed to plat the property before City Council esta flished the district boundaries; any withdrawal would create a negative impact upon other prope/ty owners; a withdrawal could encourage others to petition for withdrawal, eroding the support and leading to the possible dissolution of the district. However, Mr. Gunning stated that staff was recommending that upon recordation of the plat, the property owner receive a credit to his assessment in the amount incurred to plat the property. Mr. Gunning stated that the second request was received from property owner Eloy Sala?ar, who owns Parcel #24, situated at the southernmost end of the district. He said that Mr. Salazar has asked that the lot be reconfigured because the current configuration would be unsuitable for development. Mr. Gunning said that staff had concurred with Mr. Salazar's request, on the Minutes - Regular Council Meetin~ September 16, 2003 - Page 20 condition that the lot acreage remain the same. Regarding the requirementlfor specific improvement recommendations, Mr. Gunning said that the proposed improvements I to the water system estimated at $331,262. The proposed wastewater system improvements Vere estimated at $103,467 and the street network improvements were estimated at $234,759. He sa~d that the street network improvements only required dedication at this time, so construction will o~cur at a future date. With regard to the third rec~ mmendation for method of assessment, Mr. Gunning stated that staffwas recommending to assess ~ he district costs based upon the lot acreage. He said that based upon a survey of property owners, this was the only method that had enough support to meet the legal criteria set forth in the Ts xas Local Government Code. Mr. Gunning reviewed the requirements set forth in Chapter. 372 of the Texas Local Government Code as follows: signed petitions from property owners accounting for more than 50 percent of the total appraised value within district boundaries; ~signed petitions from property owners accounting for more than 50 percent of the number of owners on record within district boundaries or signed petitions from property owners accounting for more than 50 percent of the total area within district boundaries. Mr. Gunning reported that I~ased upon a survey of the property owners, if the acreage method of assessment was used there would be enough signed petitions to account for the following: 70.7 percent of the total appraised valu~ within district boundaries; 56.1 percent of the property owners on record within district boundaries; and 43 percent of the total area within the district boundaries. Mr. Gunning concluded that no other method of assessment received enough support to account for more than 25.6 percent of any of the three criterion. With regard to the fourth recommendation for apportionment of costs, Mr. Gunning said that the total costs had been estimated ~to be $880,000. He said that staff was recommending that the costs apportioned to the district would be $790,300, with the owner cost per acre being $9,201.42. He said that the city's costs would be $89,700. Mr. Gunning noted that the city's portion of the costs would be funded using CDBG monies. In conclusion, Mr. Gunning said that the platting will allow for legal development. He said that existing uses will be grandfathCred. He noted that code enforcement activities will resume upon completion of the project. Finally, Mr. Gunning said that the district would benefit all property owners within the district boundaries and encourage future economic growth. Acting City Attorney Reining added that staff was recommending that the Council approve this item on its first reading. He said that the next action would take place next week, where the Council would be asked to adopt the ordinance on its second reading. If the item passed, then staff would publish an official notice in the newspaper. He said that a public protest period of 20 days at, er publication would allow property owners to file objections to the creation of the district. Assuming that the required number of people protesting was not met, Mr. Reining said that at the end of that period, all the engineering costs incurred by the district would be carried by the district. At that time, he said that staffwould go out to the property owners and ask them to sign powers of attorney so that the property couldlbe formally platted. Ifa power of attorney is not obtained from a property owner, their property: will not be platted. He said that staff would complete the 1 Minutes - Regular Council Meeting September 16, 2003 - Page 21 1 construction plans and take bids. lie said that then the next step in the assessment roll would be taken, and would published in the ~aper and mailed out to the Council. At that point, staff would ask the Council to award construction contracts. A public hearing would be held on the assessment roll, levy the assessments and decide how the improvements would completed. City Engineer Escobar di4played a number of photos of the area. He reiterated that there were various code enforcement ne~ds in the area, and that staffwas recommending the approval of the district. Mayor Neal asked for pul: Marks, representing Mr. Mark Brat was approved. Mr. Rehler contem the proposed district, and thus x~ improvements. He said that staff's' decision to plat the property recenti said that on the contrary, property ~ that Mr. Bratton's cost to plat the pi lic comment. Mr. Jan Rehler with Garry Thomasson Hall & on, said that Mr. Bratton's assessment was $41,457 if the district [ed that Mr. Bmtton's property was located on the boundary of ould not receive any benefit whatsoever fi-om the proposed ~resentation implied that there was something wrong with staff's ~', as opposed to when the boundaries were proposed. Mr. Rehler vas usually not platted until the owner wanted to sell it. He said operty was $18,000. He said that Mr. Bratton's property did not require any of the other proposed eater, wastewater and street improvements. He reiterated that there was no benefit to Mr. Brattofl's property and he requested that the property be excluded from the boundaries of the proposed disffict. Mr. Tony Bender, a resident of Rodd Field Village, spoke in support of the proposed districti Council Member Kinnison ~asked staffto respond to Mr. Rehler's comments. Assistant City Manager Massey said that the twoproperties that were excluded were properties that were already platted. Regarding the benefit to Mr. Bratton's property, Mr. Massey said that staWs intention was to solve an existing problem in the area and to try to be as fair as possible to all the property owners in the area. He said that excluding Mr. Bratton's property would increase the cost per acre for the remaining property owners by $500. Acting City Attorney Reining added that the benefit to Mr. Bratton would be that the impro~tements would enhance the value of his property because his neighbors would have property that could be developed legally and was up to code. He said that if the city allowed the properties on the perimeters to be excluded, it would substantially drive up the cost for everyone else. Council Member Kinnison Spoke in support of the proposed district. Council Member Kelly asked how much it would cost the city if private developers were to provide infrastructure to the area. City Engineer Eseobar replied that the city's costs would be nothing, because developers would assume the costs for the improvements. Mr. Kelly noted that the elty was contributing $90,000 in this effort. He asked how the proposed district qualified for CDBG funds. Acting City Attorney Reining replied that there were some existing low-income residents living in Rodd Field Village, and the area was deemed eligible for funds by the former department of Housing and Community Development, now known as the Neighborhood Services department. Council Member Chesney took exception with staff's inclusion of Mr. Bratton's property in the proposed district because he felt that it was not benefitting him. He asked if Mr. Rehler's statements were true that the proposed water, wastewater and street improvements did not directly benefit Mr. Bratton's property. Assistant City Manager Massey verified this, but said that Mr. Bratton's property was not the only property that was situated this way. He said that staff's Minutes - Regular Council Meetin~ September 16, 2003 - Page 22 perspective was once this argumenl[ was accepted for some property owners, then the benefit for the other property owners would havei to be quantified. He said that this would require a judgement determining how much benefit waR not enough, which was impractical. Mr. Chesney disagreed, saying that Mr. Bratton's propert34 was getting no benefit whatsoever. He again asked what the benefit would be to Mr. Bratton's p~'OPerty. Mr. Massey replied that one of the initial benefits would have been to plat the property, bt~t Mr. Bratton decided to plat the property himself before the process was completed. Mr. Escob~r noted that Mr. Bratton would be credited for this amount. Mr. Chesney remarked that this wouldljust help Mr. Bratton break even. He was concerned that the process was not fmr to everyone ~volved. Mr. Massey rephed that ~t may not be completely fair for Mr. Bratton, but it was fair for a significant number of property owners in the area. Mr. Chesney took exception to this, saying thal one person should not be slighted even if it was in the best interests of everyone else. Mr. Ma~sey replied that in his view, city government's role was to make decisions that benefitted the greatelr good. Mr. Chesney disagreed, saying that an effort should be made to ensure fair treatment for etveryone. A discussion ensued on determining the benefit to Mr. Bratton's property. Mr. Chesney expressed his concern that although the proposed district was a good way to address the problems in the area, he wanted assurances that the process was fair to everyone and would benefit everyone. Mr. Gunning replied that the improvements to the area overall would enhance the value of Mr. Bratton's property. He stressed that the removal of the property could cause other property owners to request exclusion, resulting in the collapse of the project. City Manager Noe reemphasized that if staff were to go property owner by property owner, other property owners would make the same argument that they were not receiving any benefit. He said that staffdefined the area upfront, and Mr. Bratton had not submitted his plat at that point. He said that stafftreated all the property owners in the proposed district in the same fashion. He said that using this approach would result in the collapse of the project. Council Member Kinnison spoke in support ofstaWs argmnent, saying that this area has needed assistance for a long time. Mr. David Hull, a property owner in the proposed district, spoke in support of the proposed district. A motion was made, seconded and passed to close the public heating. City Secretary Chapa polled the Council for their votes as follows: 20.b. FIRST READING ORDINANCE Determining advisability, nature and cost of improvements; determining district boundaries, assessment method and apportionment of costs between district and city as a whole; approving and filing preliminary assessment roll; and authorizing and establishing the Rodd Field Public Improvement District. The foregoing ordinance was passed on its first reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Cooper was absent; Scott abstained. / Minutes - Regular Council Meeting September 16, 2003 - Page 23 ~ Mayor Neal called for petitipns from the audience. Mr. J.E. O'Brien, 4130 Pompano, spoke regarding problems with Solid WaSte services and his opposition to fee increases. 26. 27. 28. Mayor Neal announced the Executive session under Te Benito v. PG&E Gas Tran District Court, Cameron Ce Christi against PG&E's sm similar claims of the City discussion and action in op ~xecutive sessions, which were listed on the agenda as follows: xas Government Code Section 551.071 regarding City of San ;mission, Texas Corporation, et al, No. 96-12-7404-A, 107~ anty, Texas; the remaining related claims of the City of Corpus :cessor, Gulfl'erra Texas Pipeline, L.P. and other entities; and af Corpus Christi against other similar entities with possible :n session. Executive session under Te: :as Government Code Section 551.071 regarding CCMCA, Inc., a Texas Corporation vs. Ci ~ of Corpus Christi, Case No. C-03-170, in the United States District Court for the Sout ~em District of Texas, Corpus Christi Division with possible discussion and action in opm session. Executive session under TeXas Government Code Section 551.071 regarding potential claims against the City's former third party administrator, former stop loss carder and the stop lost carder's administrator with possible discussion and action in open session. 29. The Council went into executive session. The Council returned from executive session and the following motion was passed With the following vote: 27. MOTION NO. 2003-338 Motion authorizing the Cit~ Manager to execute the Stipulation and Order of Dismissal for Cause Number C-03-170, ~tyled CCMCA vs. City of Corpus Christi pending in the United States District Court for thg Southern District of Texas, Corpus Christi Division, under the terms and restrictions set forth in the stipulation. The foregoing motion wa~ passed with the following vote: Ne,a,1, ~hesney, Colmenero, Garrett, Kelly, Noyola and Scott, voting "Aye"; Kinnison, voting' No; Cooper was absent. Minutes - Regular Council Meeting September 16, 2003 - Page 24 Mayor Neal opened discussion on Item 21, and a motion was made, seconded and passed to open the public hearing on the following item: 21.a. Assistant City Manager I~ development of a residential subd going to be rededicated at a differer was made, seconded and passed to Public hearing to consider vacating and abandoning a 19,144 square foot portion of Benbrook Drive (an undeveloped dedicated public right-of-way) out of Lot 13, Section 19, Flour Bluff and Encinal Fa~n and Garden Tracts. [argie Rose said this action was being requested for future vision. City Engineer Escobar added that this was street was t location. There was no comment from the audience. A motion close the public heating. City Secretary Chapa polle the Council for their votes as follows: 21.b. ORDINANCE NO. 025499 Ordinance vacating and abandoning a 19,144 square foot portion of Benbrook Drive (an undeveloped dedicated public right-of-way) out of Lot 13, Section 19, Flour Bluff and Encinal Farm and Garden Tracts; subject to compliance with the specified conditions and the owner replatting the property within 180 days at its expense. An emergency was declaretd, and the foregoing ordinance was passed with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. City Manager Noe announced that, due to the lateness of the hour, the presentations scheduled on the Fourth Quarter FY 2002-03 Budget Report and Bond Issue 2000 could be postponed until next week if the COuncil wished. The Council concurred. Mayor Neal called for the City Manager's report. City Manager Noe reminded the Council that this Thursday at 4:30 p.m., a h~rd hat tour of the new arena facility was scheduled, followed by a reception for Marc Solis. He dishfibuted the current draf~ of the South Central Area Development Plan, including a list of stakeholderS. Finally, Mr. Noe displayed the plaque that the city received as an All-America City. Mayor Neal called for Council concerns and reports. Council Member Scott asked staffto look into a number of complaints he has received from citizens near Pope Park who are trying to redo a sidewalk but are waiting for a contract to be signed by the city and the school district. He also said that a citizen complained:that a city track was spewing recycling matter on S.P.I.D. near the Oso Parkway. Finally, he asked if there had been a change in how the city was handling median mowing on the island. Mr. David Ondrias, Acting Director of Park and Recreation, said that mowing on Park Road 22 was being contracted out, and the contract was up for renewal at the end of September. Council Member SCott said that his constituents seemed happy with the way it was being handled now, and he would be concerned if the city were to take over the mowing. Minutes - Regular Council Meetin~ September 16, 2003 - Page 25 ~ Council Member Kinnison ~sked how long the city had been doing Saturday garbage pick- up. Assistant City Manager Massey said that Saturday pick-up had been scheduled since October 2001, during the first phase of automation. He said that the six-day schedule had been implemented in about half of the city. At this p6int, Mr. Massey said that the rest of city was being transferred to this schedule. Mayor Neal asked Mr. McI)aniel to discuss the recent confidentiality issues that have arisen regarding posting delinquent utilit~ accounts. Mr. McDaniel said that state law allowed residential account holders to keep their information confidential. In response to Mayor Neal's question, Mr. McDaniel said that the largest numl~er of delinquent accounts were held by individual residents. Mr. McDaniel said that staff has gotter~ more aggressive about collecting on these accounts, and a new UBO manager has been hired to cohtinue with this effort. Mayor Neal commented that it appeared that there were about $3 million i$ delinquent accounts. He said that it was critical that the city begin collecting on these delinquer~t accounts. He said that he would like to see a new policy come before the Council within the next Ifew weeks. Mayor Neal referred to a constituent letter and asked how much revenue the boat slips would generate if an additional dollar was added. Mr. McDaniel said he would look into it. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 7:45 p.m. on September 16, 2003. 2 ao CABLE COMMUNICATIONS 7-27-06. DUTIES: To advise the Cit agreement approved by the CiG promote the use of access channel and services, work with user gro~ cable system and review and au requests. COMPOSITION: It shall consi~ the City Council. No person or~ franchise granted by the city sl~ commission member shall be at th appointment or the availability of holding a franchise in the city. TI and a vice-chairperson whose term~ UOMMISSION - Two (2) vacancies with three-year terms to Council on adherence to the provisions of any fi'anchise Council, recommend regulations, encourage, develop and , assure that access channels offer a diversity of programming >s to develop sources of funding, conduct evaluations of the it reports, and advise the City Council on rate adjustment t of five residents of the City of Corpus Christi appointed by anployee with ownership interest in a cable communications all be eligible for membership on the commission. Each ,~ time of appointment, or shall become within thirty days after cable service, a subscriber to a cable communications system te commission shall select fi:om its membership a chairperson s shall be one year. ORIGINAL MEMBERS TERMS APPTD. DATES Norma Torres, Chairperson 7-27-05 2-17-98 Sylvia Dancer 7-27-04 7-10-01 *Hector T. Morales 7-27-03 5-11-99 *Joel Yowell 7-27-03 8-22-00 Richard Pulido 7-27-05 8-20-02 *Not seeking reappointraent INDIVIDUALS EXPRESSING INTEREST David Carranza Technical Specialist, U.S. Navy. Received a Bachelors of Science in Computer Science. Activities include: graduate of the Corpus Christi Citizens Police Academy, Boy Scout Leader Troop 164 and City Varsity Girls Softball and Basketball Coach. Received the Civilian of the Year and Civilian of the Fourth Quarter Award. (9-05- John Dunn Retired Electronics Engineer, Defense Communication Agency. Member of the National Association of Retired Federal Employees, Society of American Military Engineers and the National Association of Government Engineers. (7-21-03) Juan Garcia Mary Beth Nelson Adria Renee Palacios Marshall Westmoreland Self-employed producer of local television show. High School Graduate. (7-29-03) Editor/Publisher, The Observer. B.M. and M.M. fi.om Baylor University. Previously served as chair of the Cable Commission. (9-12-03) Certified Public Accountant, Palacios & Palacios, P.C. Bachelor of Business Administration and Master's in Professional Accounting fi.om the University of Texas in Austin. Member of the C.C. Tennis Association, United States Tennis Association League and the Del Mar College Marketing Club. (8-08-03) Rural Carrier, U.S. Postal Service. Received the Star Award for involvement with the Ronald McDonald House Praise Team. Activities include: Padre Soccer coach, Bible Study Teacher, Safety and Health Committee for U.S. Postal Service and Ronald McDonald House Board Committee. (8-15-03) bo COASTAL BEND COUNCIL (~F GOVERNMENTS - Two (2) vacancies with two-year terms to 4- 03-05. DUTIES: Shall prepare and recor~unend to participating local governments, urban metropolitan, and rural area plans, looking to the present and future needs of the Region. Such plans may include recommendations for lanai use, traffic circulation, major streets and highways, general location of public works, the development of major educational facilities, and related problems of development. COMPOSITION: City shall appoint nine (9) members for two-years (but terms shall be at the complete discretion of the City Coancil), at least four (4) being elected officials. MEMBERS Council Member Bill Kelb Council Member Javier Cc Council Member Henry Council Member Mark Sec tmenero rrett tt George K. Noe, City Manager Ed Garafia, Water Superintendent ClifMoss VACANT VACANT TERM 4-30-05 4-30-05 4-30-05 4-30-05 4-30-05 4-30-05 4-30-05 4-30-05 4-30-05 ALTERNATES Armando Chapa, City Secretary Tom Utter, Special Assista~at to the City Manager Ron Massey, Assistant City Manager Mark McDaniel, ExecutivCDirector of Support Services Jorge Cruz-Aedo, Assistan[ City Manager J.J. Adame, Fire Chief Angel Escobar, Director o~Engineering Margie Rose, Assistant Cit~ Manager Ogilvie Gericke, Director Of MIS c. COMMISSION ON CHILDRE~I AND YOUTH - One (1) vacancy with term to 5-01-04 representing the category of Youth Representative. DUTIES: To support a comprOhensive system of services and advance policies to meet the needs of Corpus Christi's children¢ youth and their families. COMPOSITION: The commission shall consist of 14 members appointed by the City Council. One member shall be ~eprescntative of each of the following fields: Health, Social Service, Religion, Legal, Law Enforcement, Education, Business, Youth Services, Sheriff's Office, and the District Attomey'~ Office. One member shall be a youth representative from 16 to 21 years of age at time of appointment. Each appointee shall have demonstrated interest in the welfare of children or youth through occupation or through association with community-based organizations. (On 10-10-95, Council approved the addition of a Police Officer to serve as an Advisory Member to be appointed by the Police Chief.) MEMBERS TERMS ORIGINAL APPTD. DATES. Rosa Balderas (At Large), Chairperson 5-01-06 Vicky Alexander (Health), Vice Chair 5-01-06 Paula Rosenstein (At Large) 5-01-04 Mary Jackson (Social SerVices) 5-01-05 Barry Abels (Religion) 5-01-04 Margaret Canales (Business) 5-01-05 Gloria Jackson (Youth Services) 5-01-06 Drew Reining (Education) 5-01-04 Liana Gonzales (At Large} 5-01-05 Penny Grochow (Law EnfOrcement) 5-01-05 Lauren Ranly (Legal) 5-01-06 *John C.B. LaRue (Youth Rep.) 5-01-04 Melissa Madrigal (D.A.'s Office) 5-01-06 Angie Rendon (Sheriff's Office) 5-01-04 Capt. Tim Wilson (Police Off.) Advisory Dr. Philip Rhoades Advisory 7-11-00 2-12-02 12-10-96 10-14-97 5-15-01 2-12-02 1 - 11-00 2-12-02 6-11-02 7-09-02 3-19-02 5-15-01 2-12-02 7-22-03 12-06-95 8-16-94 *Resigned INDMDUALS EXPRESSING ~NTEREST Nathaniel Canto Junior, W.B. Ray High School. Activities include: National Junior Honor Society, Yrok Editor, Student Council Treasurer, and Junior Class Treasurer. Received the Presidental Award. (Youth Representative)(9-18-03) Andrew Daehne Amanda Desenberg Katie Garcia Julee R. Garza Kristina M. King Natasha Medina Junior, Incarnate Word Academy. Activities include: Hispanic Leadership Oppommity Program, St. Pius Alter Server, Student Body Vice President, National Honor Society, Nursing Home volunteers program, Global Young Leadership Conference. Received the Presidential Scholar Award three times and is class valedictorian. (Youth Representative) (8-14-03) Senior, Richard King High School. Part-time Public Relations for John Casablanca's Modeling Center. Activities include: Spokesperson for The Arc Emergency Youth Shelter, First Friday, Founder of "Love Luggage", and modeling. Awarded Miss Corpus Christi Teen USA 2003, Teen Leadership Award, and Miss Congeniality Award at Miss Coastal Bend Pageant. (Youth Representative) (9-19-03) Student at W.B. Ray High School. Member of Search Retreats, Key Club, FCA, National Honor Society, Spanish Honor Society and Varsity Soccer. (Youth Representative) (9-18-03) Junior, W.B. Ray High School. Activities include: President of the Hi-Faimessee Girls Club, Cheerleader Captain and Spanish Honor Society. Awarded UCA All Star Cheerleader and named Who's Who Among American High School Students. (Youth Representative) (9-18-03) Senior, Mary Carroll High School (3 year graduate). Member of the Mary Carroll Chapter Pan American Student Forum, Mary Carroll Chapter Spanish Honor Society, Ship One Sea Scouts, Bay Yacht Club - Junior member, Young Life, All Saints Episcopal Church Youth Group and volunteering with various orgffnizations. Awarded Top Ten percent in class, Young Yachtsman of the Year, Ship One Highest Participation Award. (Youth Representative) (9-15-03) Junior, W.B. Ray High School. Member of Youth and Government, Laureate Program and National Spanish Honor Society. (Youth Representative) (9- 18-03) RaMina Mirmortazavi Atlee Parr Thomas Tijerina Jennifer Valent Senior, W.B. Ray High School. Member of the Ray High School Theatre Program. (Youth Representative) (9-18-03) Junior, W.B. Ray High School. Member of the Boy Scouts and Ray High School Band. Selected for Who's Who Among American High School Students. (Youth Representative) (9-18-03) Senior, W.B. Ray High School. Chef at Macaroni Grill. Member of the National Honor Society, Science Club and Pan American Golf Association. Received the University of Texas Honors Colloquium. (Youth Representative) (9-18-03) Senior, W.B. Ray High School. Cashier at Academy. Activities include: National Honor Society, Key Club, and Senior Class President. Honors include: Top Ten and Permanent Honor Roll. (Youth Representative) (9-18-03) do HUMAN RELATIONS COMI~SSION - Seven (7) vacancies with terms to 6-14-04 and 6-14-06 representing the following categories: 3 - Regu!ar member, 3 - Youth members and 1 - Selling Dwellings. (Appointed b~ the Mayor, with advice and consent of the CounciL) (NOTE: The Human Relations ~ Board of Directors are recommei to the Selling Dwelling Category. postponing the vacancy in Rental COMPOSITION: Sixteen (16) Mayor with approval of the Corn one who shall represent the sellin~ and one member of the staffof th not be more than 20 years of age members shall serve three-year Disabilities serving as an ex-offic 'ommission and the Corpus Christi Association of Realtors ding the reassignment of Betty Black from Rental Dwellings If the reassignment is approved, staff is recommending Dwellings.) members, fourteen (14) of whom shall be appointed by the ¢il to study problems of group relationships within the City; of dwellings, one who shall represent the renting of dwellings ~ Legal Aid Society to serve continuously, and three (3) shall at time of appointment serving one-year terms. Eleven (11) ~'rms. The Chairperson of the Committee for Persons with voting member. Disab. Chair) Society) MEMBERS Oscar Hinojosa, Sr., Chairl ~'rson Sylvester Peterson, Vice-C aairperson Amy Rhoads *Nancy Vera *Laura Aguiflaga *Dr. Gustavo Valadez Ortiz Ruth Silva Richard Johnson Stuart Elovitz, M.D. ~ **Joey Maldonado (Selling l~wellings) Betty Black (Renting Dwellings) ***Karleen Engel (Youth) ***Ex/ca Aiatorre (Youth) ***Stephanie Saenz (Youth) Crystal Lyons (Comm. Per Errol Summerlin (Legal Ai TERMS 6-14-05 6-14-05 6-14-04 6-14-03 6-14-03 6-14-03 6-14-05 6-14-05 6-14-04 6-14-03 6-14-04 6-14-03 6-14-03 6-14-03 Ex-officio (Voting) Continuous ORIGINAL APPTD. DATES 5-11-99 12-08-98 7-10-01 7-10-01 2-13-01 2-12-02 2-12-02 7-10-01 9-19-00 7-11-00 7-10-01 8-20-02 10-22-02 7-10-01 *Seeking reappointment **Resigned ***Ineligible for reappointmen[ ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT :- NO. iOF MTGS. NAME TH~ ~ER_M PRESENT Nancy Vera 13 Dr. Gustavo Valadez Orti~ 13 11 Laura A. Aguifiaga 113 13 OTHER INDIVIDUALS EXPRESSING INTEREST Linda Avila NO. % OF ATTENDANCE LAST TERM YEAR 100% 87% 100% Dean of Community Outreach, Texas A & M University - Corpus Christi. Received M.Ed. in School Principalship, and Ph.D. in Education Administration. Member of the Arts and Cultural Commission, Women's Shelter Board, Regional Leaders Forum and Leadership Corpus Christi. (7- 26-03) Lisa Bonilla Junior, W.B. Ray High School. Activities include: Volleyball, Basketball, Cross County, Top Ten Percent, Spanish Honor Society, Spanish Club and Youth and Government. (Youth) (9-18-03) Benjamin Borden Senior, W.B. Ray High School. Activities include: Boys Scouts of America, Key Club, Eagle Scouts, National Honor Society and Academic Decathlon. Received the NHI 2003 Most Distinguished Senator. (Youth) (9-18-03) Nathaniel Canto Junior, W.B. Ray High School. Activities include: National Junior Honor Society, Yrok Editor, Student Council Treasurer, and Junior Class Treasurer. Received the Presidental Award. (Youth) (9-18-03) Debra Marchelle Collier Junior, Roy Miller High School. Member of six different school clubs. Recipient of the Academic Merit Award. (Youth) (9-08-03) Diane Carol Collier Junior, Roy Miller High School. Member of the Summer Beach Clean Up program. Active in six different school clubs. (Youth) (9-08-03) Amanda Desenberg Senior, Richard King High School. Part-time Public Relations for John Casablanca's Modeling Center. Activities include: Spokesperson for The Marisa K. Dowling Katie Garcia JuleeR. Garza Alexander C. Hunt Trinidad Macias Natasha Medina RaMina Mirmortazavi Are Emergency Youth Shelter, First Friday, Founder of "Love Luggage", and modeling. Awarded Miss Corpus Christi Teen USA 2003, Teen Leadership Award, and Miss Congeniality Award at Miss Coastal Bend Pageant. (Youth) (9- 19-03) Junior, King High School. Member of the Key Club, President's Cabinet at the National Hispanic Institute's Lorenzo de Zavala leadership program, Cross Country and Co-Features Editor of school paper. Ranked 4th in class and received National Honor Roll recognition, National Scholastic awards in Science and English. (Youth) (9-06-03) Student at W.B. Ray High School. Member of Search Retreats, Key Club, FCA, National Honor Society, Spanish Honor Society and Varsity Soccer. (Youth) (9-1S-03) Junior, W.B. Ray High School. Activities include: President of the Hi-Faimessee Girls Club, Cheerleader Captain and Spanish Honor Society. Awarded UCA All Star Cheerleader and named Who's Who Among American High School Students. (Youth) (9-18-03) Senior, Calallen High School. Works at 5 Star Cinema. Member of the Nueces County Young Democrats, President of the Calallen High School Young Democrats, Calallen High School Student Government and President of Calallen High School Speech and Debate. (Youth) (8-08-03) Senior, W.B. Ray High School. Volunteer at Church Nursery. Received the Corpus Christi Independent School District Leadership Award for Student Council. (Youth) (9-18-03) Junior, W.B. Ray High School. Member of Youth and Government, Laureate Program and National Spanish Honor Society. (Youth) (9-18-03) Senior, W.B. Ray High School. Member of the Ray High School Theatre Program. (Youth) (9-18-03) Marissa Morris Atlee Parr Lucy Reta Z. Paul Reynolds Mary Helen Salazar Albert Santoya Albert A. Studer Senior, W.B. Ray High School. President of Key Club, Vice President of Math Club, National Honor Society member, Top 10 Academic Achiever, UIL Math and Science Team, "A" Honor Roll and Sister City Exchange Program. Received the Caller Times South Texas Scholar Nomination. (Youth) (9-18- 03) Junior, W.B. Ray High School. Member of the Boy Scouts and Ray High School Band. Selected for Who's Who Among American High School Students. (Youth) (9-18-03) Administrative Assistant, Corpus Christi Chamber of Commerce. Member of the Westside Business Association and Leadership Corpus Christi Alumni. Past General Chairman of the Sister City Committee. (8-29-03) Assistant Director of University Center, Texas A & M University - Corpus Christi. Received B.Ed. from the University of Toledo, M.S. Ed. and Ed.D. (ABD) from the University of Pennsylvia. Member of the Association of College Unions International, National Association of Student Personnel Administrators and Paths of Courage. ($-25-03) Owner, SS Structure, Inc.; Co-Owner, S & S Painting & Drywall Company. Associate's degree in Marketing, Del Mar College. 1999 President of LULAC Council No. 1. Past member of Minority Contractors Council and Hispanic Chamber of Commerce. (2-01-00) Sophmore, Roy Miller High School. Works for Omni Hotels. Member of the Student Council, Key Club, Laureate Program and Crime Stoppers. Awards received include: Academic Merit, Top Ten Percent and Academic Recognition and Honor Roll. (Youth) (9-08-03) Junior, King High School. Member of the King Band Fundraiser's Committee, Band Drill Instructor (French Horn Section), Spanish Honor Society, and Del Mar Tech Prep Mentor. Awards received include: Texas A & M University - Corpus Christi Thomas Tijerina Jennifer Valent Lynne Van Gould Jordan W. Vann Fuse Scholarship Recipient, and Del Mar Tech Prep I, II Scholarship Recipient. (Youth) (9-09-03) Senior, W.B. Ray High School. Chef at Macaroni Grill. Member of the National Honor Society, Science Club and Pan American Golf Association. Received the University of Texas Honors Colloquium. (Youth) (9-18-03) Senior, W.B. Ray High School. Cashier at Academy. Activities include: National Honor Society, Key Club, and Senior Class President. Honors include: Top Ten and Permanent Honor Roll. (Youth) (9-18-03) Case Manager, Metro Ministries. Holds a Texas Certificate in Case Management. Community activities include: President of Dress for Success, former member of Homeless Issues Partnership and HUD Work 2001 Advisory Council. (6-27-01) Senior, King High School. Member of the KHS Marching Band (Dram Major); Band Council Vice President, Latin Club, National Honor Society and C.C. Youth Symphony Orchestra. Volunteers with Bayfest, Beach Clean-up at Cole Park Day, Special Olympics Events, Annual March of Dime Walk. Received the CCISD's Top Ten Academic Achievers Award, National Science Merit Award and National Merit Commended Scholar Award. (Youth) (9-11-03) MUSEUM OF SCIENCE AI~D HISTORY ADVISORY COMMITTF~F. - Three (3) vacancies with three-year t¢ims to 9-01-06 representing the following categories: 2 - Regular members and 1 - CCISD. (.4ppoibted by the Mayor, with advice and consent of the CounciL) DUTIES: To consult with the MOseum Director on operation of the museum, to act as advisory to the City Council on matters l~ertaining to the operation, support, and development of the Corpus Christi Museum. COMPOSITION: Twelve (12 the Council, to be selected as foll< the Museum; 2 nominated by Mus from Friends of the Museum, Mu: members appointed by the Mayor, with advice and consent of a~s: 1 nominated by CCISD Board; 3 nominated by Friends of :urn Auxiliary; and 6 by the Mayor who shall seek suggestions ',eum Auxiliary, Museum Advisory Board, and from Board of Trustees of other Corpus Chfist~school districts. Ex-officio members shall include the City Manager and Superintendent of ~CISD, or their designated representatives. The term of each advisory member shall be three years. MEMBERS TERM ORIGINAL APPTD.DATE *Lynda Falconer - Chairperson Phyllis Howerton Riddle (Museum Aux.) - Vice Dr. Alexey Sadovski Angie Flores (Friends offfie Museum) Joe E. Martinez Jr. (Friends of Museum) Dr. Henry Brennecke (MuSeum Auxiliary) Dr. Grady Price Blount **Dr. Sharon D. Brower (CCiSD) Randy Lava **Anna Peterson Tony C. Diaz City Manager CCISD Superintendent 9-01-03 2-13-01 9-01-04 2-12-02 9-01-04 2-13-01 9-01-06 5-13-03 9-01-05 10-08-96 9-01-04 9-26-95 9-01-05 10-08-02 9-01-03 1-21-03 9-01-05 10-08-02 9-01-03 2-13-01 9-01-04 9-26-95 Ex-officio, nonvoting Ex-officio, nonvoting *Is not seeking reappointmont * * Seeking reappointment ATTENDANCE I~ECORD OF MEMBERS SEEKING REAPPOINTMENT NAME Anna Peterson (Regular) 11 Dr. Sharon Brower (CCISD) 5 NO. OF MTGS. NO. THIS TERM PRESENT % OF ATTENDANCE LAST TERM YEAR 6 55% 5 100% (Note: ~4nna Peterson's absences were work related and excused by the Committee.) OTHER INDIVIDUALS Suzzette F. Choplin Margaret Ellen EXPRESSING INTEREST Professor of Biology, Texas A & M University - Corpus Christi. Received B.S. in Secondary Education, M.S. in Biological Sciences and Ph.D. in Anatomy and Biochemistry. Member of the Institutional Review Board for Driscoll Children's Hospital. Received the Koch Industries Outstanding Educator and the Outstanding Faculty Award. (Regular Member) (8-26-03) Assistant Professor Coordinator, Center for Professional Development of Teachers, Texas A & M University - Corpus Christi. Received B.A. and M.Ed. from the University of Texas at Austin and Ph.D. from Kansas State University. Activities include: American Education Research Association, Association of Science Education, and the National Science Teachers Association. Received the Outstanding Teacher for 1990-1991. (Regular Member) (9-16-03) Diane Prewitt Area Coordinator, Educational Resource Development Trust. Senior at Texas A & M University - Corpus Christi majoring in Human Resource Management. Currently serving as Corpus Christi Hadassah President and Combined Jewish Appeal Board Member. (Regular Member) (9-12- f. REGIONAL HEALTH AWARI~NESS BOARD - Three (3) vacancies with terms to 10-01-05 and 10-01-06 representing the following categories: 2 - representing cross section of health, environmental and social interest ahd 1 - city representative. DUTIES: To ensure that opportunities exist for quality dialogue by citizens of the Coastal Bend on the issues impacting health, safety, environment, and life quality. / COMPOSITION: Six (6) me~nbers representing a cross-section of health, environmental, and social interest. Two of thesq _community members will be appointed by the City Council, City of Corpus Christi, two men .bers will be appointed by the Commissioners Court Nueces County, and two members will b ~' appointed by the Commissioner Court San Patricio County. Each governing body will appoint one of their original community member appointees to a two- year term and the other appofi representative of the City who ma' (NOTE: Staff is recommend Representative.) tee to a three-year term. The City may also appoint a r be a public official, staffperson or a citizen. lng the appointment of Jorge Cruz-~ledo as the City INDIVIDUALS EXPRESSING ~NTEREST Teresa A. Carrillo Executive Director, Coastal Bend Bays Foundation, Inc. Received a B.S. in Biology, minor in Chemistry and M.S. in Estuarine Ecology. Activities include: South Texas Regional Water Planning Group, Flint Hills Resources Community Advisory Committee, and Livable Communities Committee. Received the U.S. Coast Guard Meritorious Service Award, and Employee of the Quarter 1989. Works in all aspects of environmental health and sanitation. (9-17-03) Dr. Glen E. Kost Retired Administrator, Del Mar College. Received B.A. from McNeese State University, M.P.H. from Tulane University School of Public Health and Tropical Medicine and Ph.D. from Walden University. Activities include: Secretary of the Mary McCloud Bethune Day Care Center, Asst. Treasurer of Neighborhood Visions, Inc., Corpus Christi Advisory Council, Tuloso-Midway High School Site Based Management Committee and the Mano-A-Mano Scholarship Empowerment Program. (9-17-03) Patrick McGloin Lillian Murray Dr. Nina M. Sisley Executive Director, Coastal Bend Land Trust. Received a Bachelor of Science in Architectural Studies at the University of Texas. Member of the State Board of Review and the Texas Historical Commission. (9-16-03) Sole proprietor, LAM Consulting. Received a B.S. Education at the University of Austin, B.S. Special Education from Texas A & I University and graduate work at Rice University. Activities include: American Bank Board of Directors, University of Texas at Austin College of Natural Science - Advisory Council, McDonald Observatory - Board of Visitors and Texas Memorial Museum - Advisory Council. (9-19-03) Retired, Director of the Nueces County Health District. Received B.A. in from Texas Woman's University, M.D. from the University of Texas and M.P.H. from the University of Michigan School of Public Health. Activities include: American Red Cross Past Member and Chairperson, Bay Area Consortium on HIV/Aids, Child Fatality Review Committee and Coastal Bend Chapter of American Diabetes. (7-07-03) g. SISTER CITY COMMITTEE - Six (6) vacancies with three-year terms to 9-06. DUTIES: To study ways and mqans of improving relations with the Corpus Christi sister cities and to advise and consult with anl:l assist the Mayor, the City Council, the City Manager and all other City agencies, boards andl officials in accomplishing the purposes of the Sister City program. MEMBERS Ann Jaime, Chairperson Sue Dulaney Yalee Shih Edna Balboa Mufid A. Abudiab Ellen Murry Valerie Vargas Ballesteros Gary Hansen Regis Barber Dr. Kent Byus Randy Farrar Rose Gunji Wayne Bennett Raquel Madrigal Sarah Hicks *Judy Benkendorfer **Cruz Colomo *Elizabeth R. Iglesias ***Nancy Glenn Reynolds *Mary H. "Bebe" Morris *Sharon L. Phillips TERM 9-05 9-04 9-05 9-04 9-05 9-05 9-05 9-04 9-04 9-04 9-04 9-04 9-04 9-04 9-05 9-03 9-03 9-03 9-03 9-03 9-03 ORIGINAL APPTD. DATE 6-13-00 9-8-98 10-21-97 9-11-01 10-10-00 4-16-02 9-09-02 9-10-96 12-10-02 6-10-03 6-11-02 9-09-97 9-11-01 6-13-00 4-22-03 10-10-00 12-10-02 4-22-03 12-10-02 9-09-02 9-09-02 *Is seeking reappointment **Has exceeded the number of absences allowed by ordinance ***Resigned ATTENDANCE II~ECORD OF MEMBERS SEEKING REAPPOINTMENT NAME Judy Benkendorfer Elizabeth R. Iglesias Mary H. "Bebe" Morris Sharon L. Phillips NO. OF MTGS. NO. THIS TERM PRESENT % OF ATTENDANCE LAST TERM YEAR 10 8 80% 3 3 100% 10 9 90% 10 7 70% OTHER INDIVIDUAL: Drew Combs Amanda Jane Haney Peter Kuntu-Mensah John Rocha Elaine A. Yellen EXPRESSING INTEREST Owner, Ken Combs Realtors. Received a B.A. in Political Science, M.S. in Education and M.B.A. in Management and Marketing. Activities include: Corpus Christi Association of Realtors, Goodwill Ambassador, Leadership Corpus Christi Class XV, Texas State Aquarium, Corpus Christi Literacy Council and volunteer at Asian Cultures Museum. (S-19-03) Owner, Crossroads Travel. Attended college and specialty education courses. Member of the Airlines Reporting Corporation International and the Association of Travel Agents. (7-31-03) Assistant Professor of Computer & Math Sciences, Texas A&M University-Corpus Christi. Ph.D. from University of Maine; M.S. fxom Ohio State University. Member of the Texas Society of Professional Surveyors and the American Society of Photogram. (12-04-02) Owner/Operator, Go Logistics. Attended Del Mar College. Activities include: Vice-Chairman of CASA and Board Member of American Little League. (7-10-03) 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) 3  GENDA MEMORANDA , RECOMMENDATION: Motion approvin~a supply agreement with Marshall s Texas Battery Service, Inc., Corpus Christi, Texas in accordance with Bid Invitation No. BI-0111-03, for approximately 820 automotive and commercial batteries based on low bid for an estimated annual expenditure of $32,540.50. The term of the supply agreement shall be for twelve months with the option to extend for up to two (2) additional twelve-month periods, subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the using departments for FY 03/04. BACKGROUND: Purpose: The batte~/es will be used by Maintenance Services and Fire Department for City o~vned vehicles and equipment. Previous Contract: The opti°¢ to extend the previous contract was not exercised due to the vendor's ~nability to maintain the contract. Bid Invitations Issued: Ten Bids Received: Seven Pricing Analysis: When compared to the previous bid of 2000, pricing has increased approximhtely 8%. According to the Producer's Price Index, pricing has increasedi22% over the past 3 years. Award Basis: Low Bid Funding: Department Maintenance Services Fire Department EMS Aviation PrOcurement and Gen~Services Manager Organiz~ion No. Amount 40180 $23,490.50 12050 2,500.00 35100 2,500.00 35005 1,500.00 35030 350.00 35040 1,000.00 35050 1,200.00 Total $32,540.50 CITY OF CORPUS CHRISTI PURCHASING DEPARTMENT BID TABULATION 8/18/03 BID INVITATION NO. BI -0111-03 AUTOMOTIVE, COMMERCIAL 8 GOLF CART BATTERIES BUYER: MARIA GARZA ITEM DESCRIPTION Marshall's Texas Battery Service, Inc. Corpus Christi, Texas Total Price Noyesman O'Reilly Auto Parts Continental Batteries FleetPnde Corpus Christi, Texas Springfield, MO Corpus Christi, Texas Corpus Christi, Texas Total Pnce Total Price Total Price Total Price Interstate Battery of South Texas Corpus Christi, Texas Total Price Amold Oil Company Inc Corpus Christi, Texas Total Price Group 1.0 Heavy Duty Automotive $15.623.25 $18,381.95 $20.008.45 $20,388.80 $20,995.75 $26,483.60 $23,121.70 Batteries Qty - 485 Group 2.0 Heavy Duty Commerical 16 917.25 19,039.85 21 265.10 10,3x5.80 —2UT8T-W _ 23.758.90 _- zb,jb. UD Batteries Qty - 335 TOTAL AWARD $32.540.50 $37,421.80 $41,273.55 $40,594.60 $41,877.25 51,844.65 $46,880.60 4 AGENDA MEMORANDUM RECOMMENDATION: Motion approving a supply agreement with Brown Mule Mowing Inc., Corpus Christi, Texas for mowing of storm wate~r right-of-ways in accordance with Bid Invitation No. BI-0063-03 based on low bid for an estimated two ye~ twenty-four months, subject to annual a twelve-month periods subject to the appt have been budgeted by the Storm Water BACKGROUND: r expenditure of $646,148.96. The term of the contract will be for ~propriations, with an option to extend for up to two additional ,val of the supplier and the City Manager or his designee. Funds )epartment in FY 03-04. Purpose: The Storm Water Department is responsible for maintaining approximately 2,500 acres of street and drainage ditch right-of-ways (ROW) located throughou~ the City. However, increased citizen awareness has placed higher demands o~. the operations of the department and a contract was established in 1999 to mgintain a portion of the acreage. This agreement will place 769 acres of ROW Ideated on the west and northwest part of the City under contract. It allows Cit~ crews to concentrate their efforts on the south and southeast side of the towh and contributes to a well managed, proactive approach to storm water RoW maintenance. Previous Contract: The option to extend the previous contract has been exercised, requiring the City to distribute new bid invitations. Bid Invitations Issued: Seventy-nine Bids Received: Five Price Analysis: Pricing has increased 4% since the last bid of 1999. The bids received denote adequate competition. Award Basis: Low Bid Funding: Storm Waler 530000-4010-32010 FY03/04 $323,074.48 Funding for subsequent years will be requested through the budget process. Michael Barrera, C.P. M Procurement and General Services Manager CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION BID INVITATION NO.: BI -0063-03 MOWING FOR STORM WATER ROW BUYER: ESTHER C. BARRERA Brown Mule Mowing Sierra Services Laguna Services, Inc. Corpus Christi, Texas Sinton, Texas Corpus Christi, Texas Item Description Qty Unit Unit Price Total Price Unit Price Total Price Unit Price Total Price NNA Financial & Management Co. Inc. Austin, Texas Unit Price Total Price ('1 1 Street right of 16 cycle $16,746.93 $267,950.88 $17,902.00 $286,432.00 $44,806.00 $716,896.00 $69,732.20 $1,115,715.20 way mowing - 509.18 acres includes litter pick-up 2 Drainage ditch, 8 cycle 47,274.76 378.198.08 49,549.00 396.392.00 40,770.00 326.160.00 47,790.86 382.326.88 right of way mowing 260 acres, includes litter pick-up a, .,.o ^A. „a Total $646.148.96 $662,824.00 $ i,u43,uoo.uu .y I'` V0,U44.UU (') The contract will be established for a twenty-four month period. Street ROW mowing will be performed 8 cycles per year, 16 cycles per contract period. Drainage Ditch ROW mowing will be performed 4 cycles per year, 8 cycles per contract period. 5 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: Motion authori: month software maintenance a, amount not to exceed $82,107 Tiburon modules for Records Automated Vehicle Locator and ISSUE: Software must be mail ensure that is stays compatible annual maintenance from Sept Corpus Christi's Tiburon appli( application software maintenan( REQUIRED COUNCIL ACTION $25,000. August 26, 2003 :lng the City Manager or his designee to execute a twelve- ]reement with Tiburon Inc. of Fremont, California in an .62. Included in the maintenance agreement are the ~fanagement, Computer Aided Dispatch, Mobile Data, Video Imaging. Itained to allow for upgrades and improvements and to with other systems. Tiburon, Inc. provided a quote for ,~mber 1, 2003 through August 31, 2004 of the City of ations. Tiburon, Inc. is the sole provider of Tiburon e. City Council approval is required for all expenditures over PREVIOUS COUNCIL ACTION: On November 25, 1997, City Council authorized purchase of the Computer Aided Dispatch and Records Management Systems with associated hardware. FUNDING: Amount Budgeted Source of Funds $82,107.62 5210-40495-530230 CONCLUSION AND RECOMMENDATION: Staff recommends approval of the motion as presented. Attachments: Ogilvie F. Gericke, P.E. Director of MIS Exhibit A - ,Software Support and Maintenance Fees Exhibit B - Schedule of Services and Charges BACKGROUNDINFORMATION The Records Management System is the backbone of all information processed by the Police Department - offense reports, traffic reports, supplementary reports, pawn shop data, alarms records, criminal hi~tory checks, arrest records, etc. The Computer Aided Dispatching is a computerized system by which information is received from the public through 911 and dispatched to ~officers in the field. Mobile Data is the laptops in the vehicles and the Automated Vehlcle Locator is the system used to provide locations of all patrol units on a GIS mapping system. The systems were implemented in the early 90's to replace outdated technology. EXHIBIT A TO THE AGREEMENT FOR EXTENDED SERVICES SOFTWARE SUPPORT AND MAINTENANCE FEES CLIENT Corpus Christi Police Department 321 John Sartain Corpus Christi, TX 78401 Support and Maintenance providec conditions of the TIBURON Agree The term of the Agreement shall cm in accordance with the terms therec the software applications and softw: below, this Exhibit A shall be atta¢ below, annual maintenance fees are the Agreement. TIBURON reserve basis upon ninety (90) days prior x effective on the anniversary of the e be adjusted as necessary to reflect c below or changes in the level of su CONTACT- Susan Schmidt CLIENT # NU 115-03 to the CLIENT listed above shall be pursuant to the terms and ment for Extended Service (the "Agreement"). ~mence on the effective date and shall continue until termination This exhibit sets forth the current annual maintenance fee for e modules listed below. Upon payment of the amount set forth bed to and become part of the Agreement. Except as provided payable in advance of each anniversary of the effective date of s the right to increase the annual maintenance fee on an annual ~ritten notice to the CLIENT, which adjustments shall become 'fective date of the Agreement. The annual maintenance fee will aanges in the software applications and software modules listed ~port provided under the Agreement. Such adjustments will be charged or credited as incurred on 9 pro rata basis and will be reflected in a new Exhibit A, which, upon delive~ to the CLIENT, shall be attached to, and become part of, the Agreement. Payments for all technical services ~utside the scope of Basic Services and Options included in the CLIENT's annual maintenance feeishall be invoiced to the CLIENT as incurred. All such invoices shall be due and payable within thih'ty (30) days of CLIENT's receipt thereof. TIBURON reserves the right to charge an administrative fee of 10~ of the annual maintenance fees for semi-annual or quarterly invoices. EXHIBIT A (cont.) Software Model Months ~PU Make Start End Total Fees PRMS 12 9/1/03 8/31/04 $16,291.00 ICN 12 9/1/03 8/31/04 $ 2374.00 CAD 12 9/1/03 8/31/04 $16,291.00 MCI 12 I 9/1/03 8/31/04 $ 2,174.00 911 Interface 12 9/1/03 8/31/04 $ 2,174.00 EXT-State 12 9/1/03 8/31/04 $ 3,908.00 Pets-Training 12 9/1/03 8/31/04 $ 2,174.00 Pawn Upload 12 9/1/03 8/31/04 $ 3,969.00 Court Interface 12 9/1/03 8/31/04 $ 7,491.00 AVL 12 9/1/03 8/31/04 $ 6,615.00 MDC 12 9/1/03 8/31/04 $13,759.00 TIPS 12 9/1/03 8/31/04 $ 7,311.00 Mobile Viewer 12 9/1/03 8/31/04 $2,880.00 CREDIT ($5,103.38) TOTAL $82,107.62 Failure to pay when due the annual maintenance fee, any adjustment thereto, any invoice or any other amounts owing under the Agreeme¢t shall constitute a default under the Agreement and could result in the termination of support services under the Agreement, additional administrative charges for reinstating lapsed support services, as well as collection fees (including reasonable attorneys' fees and expenses). EXHIBIT B TO THE AGI~EMENT FOR EXTENDED SERVICE SCHEDULE OF SERVICES AND CHARGES Support and Maintenance provided and conditions of the TIBURON A Upon CLIENT's payment of the am. be attached to, and become part ofl this Exhibit B shall be reflected in a due, shall be attached to, and becor BASIC SERVICES T1BURON will provide basic servi lo the CLIENT listed in Exhibit A shall be pursuant to the terms 'cement for Extended Service (the "Agreement"). mt set forth on Exhibit A to the Agreement, this Exhibit B shall he Agreement. Any changes to the services options selected in new Exhibit B which, upon payment of any additional amounts le part of, the Agreement. :es as defined in the Statement of Work contained in Section 2 of the Extended Service Agreemen~ for the software systems as defined in Exhibit A. Support for Computer Aided Dispatch, Message Switch and Corrections Management Systems is 24 hours per day, 7 days per week. Support for other products is from 8:00 a.m. to 5:30 p.m. Central Time, excluding weekends and normal TIBURON holidays, unless the "24/7" Service Option is selected. In all cases, call-out charges will apply as described below. TIBURON personnel will visit CLIENT site periodically and meet with management, operations and other user personnel to conduct oPerations review of the systems and an analysis of the CLIENT's automation requirements. A reportiwill be produced to include observations and recommendations regarding the CLIENT's use of the system. Working with the CLIENT, this review will be further documentation in the form of a multi-year automation plan for the CLIENT. There will be no charge for this service if total annual maintenance exceeds $20,000. The following is paraphrased from the recently adopted Bylaws: Voting memberships in the TtBURON User Group, as set forth herein, is included in the Basic Service. The quantity of voting members is based on the number of TIBURON products installed, with the appropriate software licenses, at the CLIENT. For purposes of establishing voting memberships, a product is defined as Phoenix - Computer Aided Dispatch, Police Records Management, Fire Management Information System, Jail Mhnagement Information System, and Communication & Interfaces. The TIBURON:User Group Conference is held annually at a location to be determined. EXHIBIT B (cont.) "24/7" SERVICE OPTION $7,000 per year/per system (initial) Products not normally covered by 24-hour support may optionally be supported with 24ohour coverage (including TIBURON holidays). Applicable call-out charges continue to apply. If this option is not in force, technical support requests outside of covered hours are charged at technical service rates as defined below. NEW PRODUCTS Additional TIBURON software syslems, subsystems and TIBURON provided third-party products, such as hardware, and networking isofiware may be acquired under this Agreement. TIBURON installation, special tailoring, license fees and third-party peripherals required shall be charged at the then current Technical Services Rate or as quoted by TIBURON or the third party. GOLD CARD SERVICE OPTION Quote available on request A total support program is tailored for CLIENT and includes a schedule of on-site visits by TIBURON personnel for dam bas~ management, working with end users to identify and resolve problems and to apply agreed upon~ofiware changes, installation of new software products obtained through this Agreement, and a comprehensive training program. (If selected by CLIENT the terms of this option are defined in the Gold Card Service Schedule and will be attached as Exhibit C and incorporated herein by reference. , TECHNICAL SERVICE RATES 1. Technical Service Rates Technical Services Rates shall be iOvoiced to CLIENT as incurred at the rates then in effect. A minimum of four (4) hours per !occurrence will be charged for work conducted at TIBURON facilities and a minimum of eight (8) hours at CLIENT site for Technical Services not covered under Basic Services or "24/7" Service Option as described previously. 2. Materials, Travel and Per Diem Expenses When applicable, all special materials, plus travel and per diem expenses shall be charged to CLIENT at cost. 3. Call-Out Charees Systems not covered under 24/7 support, call-outs will be billed at $250 per call. After the first hour, the rate is $250 per hour with a twO-hour minimum. 4. Remote Access All charges in this Agreement are p~edicated on CLIENT providing the required hardware, software, and operating environment for diabin service. If CLIENT does not provide this support for dial-in service, the following additional claarge will apply: $500 per month per system supported. In addition, travel and per diem expenses for on-site support required due to lack of remote access will be charged as defined in Exhibit B, page 2, item 2. Exhibit A and B are agreed to t~th¢ CLIENT and TIBURON on of September, 2003. City of Corpus Christi TIBURON By: i By: George K. Noe Title: City Manager ~ppro~l ~ to ~orm: ~'sa Aguilar / / Assistant City A~tomey i=or City Attorney 6 AG CITY COUNCIL ENDA MEMORANDUM August 26, 2003 AGENDA ITEM: Motion authori; month maintenance agreement, five percent increase, with Siem( an amount not to exceed $84, hardware and software support systems located in emergency ISSUE: Software and hardw improvements and to ensure ti Transportation Systems, Inc. pr(; 2003 through July 31,2004 of th{ Transportation Systems, Inc. is maintenance. ing the City Manager or his designee to execute a twelve- with an option to renew for an additional year subject to a ns Transportation Systems, Inc. of Cedar Rapids, Iowa in ~95. Included in the maintenance agreement are the services for the Police and Fire Department's MDC/AVL 9hicles. 3re must be maintained to allow for upgrades and ~at is stays compatible with other systems. Siemens vided a quote for the annual maintenance from August 1, ~ City of Corpus Christrs MDC/AVL applications. Siemens the sole provider of application software and hardware REQUIRED COUNCIL ACTIONt City Council approval is required for expenditures over $25,000. PREVIOUS COUNCIL ACTION: On purchase of the MDC/AVL System with September 24, 2002, City Council authorized associated hardware. FUNDING: Amount Budgeted Source of Funds $27,195.00 5210-40495-530230 Amount Budgeted Source of Funds $57,600.00 1020-11801-530230 CONCLUSION AND RECOMMENDATION: Staff recommends approval of tile motion as presented. Ogilvie F. Gericke, P.E. Director of MIS Attachments: Exhibit AB - .M. ain,tenance A. greemen.t [or ~esponse[v]as.ter ~a[',dware Exhibit nnalmenance Agreement mr ~,esponsennaster ~)omNare BACKGROUND INFORMATION The Automated Vehicle Locator System was purchased from Siemen's Transportation Systems, Inc. in cooperation wiff live with the system in Novembe~ officer safety and improving resp vehicle to an incident. The syste during crisis management. This the software, but the repair and i of each vehicle necessary to trar destroyed by a collision or other agreement. the RTA's pumhase of TransitMaster. The city went 1999. The system has played a key role in enhancing 3nse time by dynamically suggesting the closest m also provides a visual representation of assets ;ontract not only covers the cost of maintenance for ~aintenance of the actual hardware located in the trunk smit that vehicles location. Should any hardware be such accident, the unit will be replaced as part of this REsMAp~NTENANCE AGREEMENT NSEMASTERTM HARDWARE FOR SIEMENS ~FRANPORTATION SYSTEMS, INC. INTEGRATED LOCAL GOVERNMENT DIVISION OPERATED BY CiTY OF CORPUS CHRISTI Siemgns Transportation Systems, Inc. Integl'ated Local Government Division 5265 Rockwell Drive Cedar Rapids, Iowa 52402 Siemens Proprietary Information. Copyright 2002 July 2003 Siemens ResponseMasterTM Equipment Maintenance Agreement CONTENTS 1. TERM OF AGREEMENT 2. DEFINITIONS 3. EQUIPMENT COVERED 4. SERVICE PROVIDED 5. COMPENSATION 6. NO TROUBLE FOUND/NO F,a ULT FOUND EQUIPMENT RETURNS 7. DELIVERY OF EQUIPMENT i 8. EXCHANGE OF EQUIPMENT 9. DOCUMENTATION 10. TURNAROUND TIME ON E( 11. ON-SITE ENGINEERING SE] PARTS )UIPMENT RETURNS [VICES 12. PHONE SUPPORT 13. SOLE RIGHT AND REMED~ 14. EXCLUDED SERVICES 15. CHANGES TO EQUIPMENT 16. TERMINATION 17. ROGUE EQUIPMENTS 18. OPTION TO RENEW 19. APPLICABLE LAW 20. NOTICES 21. TAXES AND FEES 22. PATENT, PROPRIETARY RKIHTS, COPYRIGHT AND TRADEMARK INDEMNITY 23 EXCUSABLE DELAY 24. CONFIDENTIALITY 25. LIMITATION OF LIABILITY 26. ARBITRATION 27. INSURANCE 28. ENTIRE AGREEMENT ATrACHMENT A - SCHEDULE OF COVERED EQUIPMENT ENCLOSURE 1 - PRICING SCHEDULE Siemens Proprietary Information. Copyright 2002 Siemens ResponseMasterTM Equipm~nt Maintenance Agreement E(~UIPMENT MAINTENANCE AGREEMENT Between Sien Inte Buyer and Siemens agree as follm ens Transportation Systems, Inc. :ated Local Government Division (Hereinafter Siemens) and City of Corpus Christi (Hereinafter Buyer) 1) TERM OF THIS AGREEMEN'It. The term of this Equipment Maintenance Agreement (Agreement) shall commence on Aggust 1, 2003, and shall continue through July 31, 2004, unless terminated in accordance with ArtiCle 44 15 below. 2) DEFINITIONS: Rogue Unit: A Rogue Unit is defined as EqUipment that exhibits a recurring problem and: a. The failure symptom reported is the same for three sequential removals, and b. The failure interval is s~ven (7) operating days or less. Turnaround Time: From the date of receipt by a Siemens Service Center, t,o date of shipment back to Buyer by the Siemens Service Center an~ does not include Buyer s handling or transportation time. No Fault Found/No Trouble Fo[md: An Equipment is deemed to be No Fault Found (NFF)/No Trouble Found (NTF) when it requires no repair, replacement!or adjustment to return it to a serviceable state; or where a repair or replacement is carried out for symptoms that are not associated with the reason stated by Buyer for removal. 3) EQUIPMENT COVERED. Equipment covered under this Agreement is specified in Attachment A and Enclosure I Of this Agreement (Equipment). At such times as may be necessary, Buyer may request, in writing, with reasonable notification, that additional Equipment be added to this Agt:eement. The additional maintenance cost shall be $281 for each mobile system unit added. In addition, Equipment may be removed from the applicable Attachment A upon written request from the Buyer. Siemens Proprietary Information. Copyright 2002 Siemens ResponseMasterTM Equipment Maintenance Agreement 4) SERVICES PROVIDED. Siemens agrees to furnish RESPONSEMASTERTM Systems Equipment maintenance services consisting of providing the necessary parts, labor, and testing of all Buyer-owned Equipment listed ~n Attachment A and Enclosure I. The maintenance services will be provided in accordance witll the appropriate Siemens documentation and processes in order to establish that maintained Equipment meets mutually approved operating specifications as defined at the applicable system ac( 5) COMPENSATION. For the set Extended Annual Maintenance Fee Payment shall be made in full Buyer's receipt of the repairedfi annual fleet utilization shown ,u (30) days of changes to Buyer eptance. vices covered by this Agreement Buyer agrees to pay the listed in Enclosure I of $59,010. ithin thirty (30) days of the date of Siemens' invoice and erviced Equipment. This Agreement is based upon the average lder Attachment A. Buyer shall notify Siemens within thirty operating fleet or Equipment complement. Time and Material invoicing set forth under Enclosure 1 will apply to any repair services for any Equipment covered under Article 5, No Trouble Found/No Fault Found Equipment Returns and Article 12 Equipm~:nt Excluded From Maintenance Services, of this Agreement. The prices set forth under Enclesure 1, Pricing Schedule include all charges for Siemens' packing materials and labor, as !well as handling. Prices exclude any taxes, customs duties, and broker's fees. Siemens' will invoice Buyer at the address set forth below for services provided hereunder. Invoice address: Russell Young MDC/AVL Specialist 321 John Sartain Corpus Christi, Texas 78401 Payment address: Siemens Transportation Systems, Inc. Integrated Local Government Division Accounts Receivable 5265 Rockwell Drive NE Cedar Rapids, Iowa 52402 6) NO TROUBLE FOUND/NO FAULT FOUND RETURNS. Buyer recognizes that any ResponseMasterTM Equipment returned for repair under this Agreement and subsequently determined by Siemens to be No Trouble Found (NTF)/No Fault Found (NFF) are subject to labor and material elements of the "time and material" pricing contained in this Agreement. The test for an intermittent problem is aovered under the definition of a Rogue Unit. 7) DELIVERY OF EQUIPMENT. Buyer shall send all Equipment in need of repair or replacement covered by this Agreement directly to the designated Siemens Service Center. (a) Upon repair or replacement, Siemens will return the Equipment to Buyer's designated receiving facility, or other locations as designated by Buyer's applicable Return Order. (b) Cost of shipping to the designated Siemens Service Center shall be borne by Buyer. (c) Cost of shipping the repailred Equipment(s) to the Buyer's facilities shall be borne by Siemens. 3 Siemens Proprietary Information. Copyright 2002 Siemens ResponseMasterTM Equipm~ ~nt Maintenance Agreement 8) EXCHANGE OF EQUIPMENTIPARTS. During the term of this Agreement, any Equipment returned to Siemens for repair may have parts exchanged at Siemens' option, for a functionally like part. 9) DOCUMENTATION. At the ti: shall provide Siemens with Bu, information: a) Date of failure. b) Vehicle Number. e) Detailed Description of Fail dj Type number, part number, s~ e} Customer ReturnfRepair Ord~ 0 Contact name related to Equi §) Ship To address for return of 10) TURNAROUND TIME ON E( Siemens will provide a tumarou Siemens in accordance with thi,, receipt by Siemens to date of sh transportation time. 11) ON-SITE ENGINEERING SE} available at the request of the I with Siemens Equipment on a Enclosure 1. If Siemens sends is subsequently determined to I Siemens On-Site Engineering ~ ne of delivery to Siemens of Equipment to be repaired, Buyer ~r's normal return order, which shall include the following ~e symptom. :rial number of the failed Equipment. :r Number )ment to be returned Equipment to Buyer. ~UIPMENT RETURNS. For the term of this Agreement, ~d time of thirty (30) working days for Equipment returned to Agreement. The turnaround time is calculated from date of ~ment by Siemens and does not include Buyer's handling or :VICES. Siemens On-Site Engineering Services can be made ;uyer to assist with any Siemens system problems associated ime, material and travel expense basis as set forth under on-site engineering support to Buyer to address a problem that e a sole problem with Siemens Equipment or Software, the ;ervices shall be provided at no cost to Buyer. 12) PHONE SUPPORT. Siemens' ishall provide phone support to Buyer's authorized callers to assist with troubleshooting of installation, configuration, and operational problems of covered Equipment prior to removal for retum to Siemens for repair. Calls received during normal business hours (Central Time One - 8:30am - 4:30pm) will be returned within one (I) hour, if necessary. After hour calls will be returned during the first hour of the next business day. 13)- EXCEPT FOR THE GUAP~NTEES PROVIDED HEREUNDER, NO OTHER WARRANTIES EXPRESSED OR IMPLIED SHALL BE APPLICABLE TO ANY EQUIPMENT REPAIRED I~IEREUNDER, AND THE TERMS OF THIS AGREEMENT SHALL COI~STITUTE BUYER'S SOLE RIGHT AND REMEDY UNDER THIS AGREEMENT. IN NO EVENT SHALL SIEMENS HAVE ANY LIABILITY FOR INCIDENYAL OR CONSEQUENTIAL DAMAGES, OR FOR LOSS, DAMAGE OR EXPENSE DIRECTLY OR INDIRECTLY ARISING FROM THE USE OF THE EQUIPMENTS, OR ANY INABILITY TO USE THEM EITHER SEPARATELY OR IN COMBINATION WITH OTHER EQUIPMENT OR MATERIALS, OR FROM ~NY OTHER CAUSE. 4 Siemens Proprietary Information. Copyright 2002 Siemens ResponseMasterTM Equipment Maintenance Agreement 14) EXCLUDED SERVICES. The Buyer agrees that, in relatilon to Equipment maintenance hereunder, the following, for which Siemens can reasonably demonstrate that damage has occurred beyond a serviceable level and such damage was cat~sed by the Buyer, or that there was not a defect in the Equipment, are considered excluded from coverage: a) b) c) d) e) g) h) i) Equil~ment subjected to carelessness, negligence, or other than the speciCed normal or intended use by Buyer, or any third parties while~ the Equipment is in Buyer's possession; Equil~ment subject to cannibalization by Buyer, or any third parties whil~the Equipment is in Buyer's possession; Equil~ment subjected to alteration or repair by Buyer, or any third partials, in a manner which conflicts with Siemens' written repair procedures; Equil~ment subjected to inadequate packing, storage or handling by Buyer, or any third parties while the Equipment is in Buyer's possOssion; Equil~ment subjected to fire, wind, flood, leakage, collapse, lighttling, explosion, or other Acts of God; Equil~ment subject to acts of war, terrorism, or the public enemy; Equipment which Buyer requests be overhauled or refurbished to a new Status or part number. Equipment subjected to vandalism by Buyer, or any third parties while the Equipment is in Buyer's possession; Equipment altered by service bulletins other than those service bulletins defined as reliability improvements herein; Buyer agrees that the thirty (30) day turnaround time shall not apply to Equipment, which is determined by Siemens to be Exaluded Services. Equipments that attain Excluded Services status may only be added back into Siemens' maintenance coverage hereunder by written authorization from Siemens. 15) CHANGES TO EQUIPMENT. (a) During the term of this Agreement, Siemens may, from time to time, issue service bulletina indicating changes to the Equipment listed in Attachment A. (b) Installation of any service bulletins requested by Buyer will be on a time schedule to be mutually agreed upon by both partiles. (c) Service bulletins designated by Siemens to improve reliability of the Equipment listed in Attachment A will be incorporated at no additional charge to Buyer. (d) Service bulletins requested by Buyer that are deemed optional by Siemens will be chargeable using the current Time and Material rates specified under Enclosure 1. 16) TERMINATION. a) Siemens and Buyer each has the right to terminate this Agreement in whole or in part by providing thirty (30) days written notice to the other party for any of the following reasons: (i) For any occurrence described under Article 23, Excusable Delay, or any other occurrence beyond Siemens Proprietary Information. Copyright 2002 Siemens ResponseMasterTM Equipm!nt Maintenance Agreement the cause and control of th~ parties and that prevents Siemens or Buyer from performing their respective obligations under this Agreement for a period longer than two (2) months, (ii) by mutual agreement of the parties, or (iii) for material breach by the other party which remains uncured for sixty (60) day~ following a written notice of the breach and a demand for cure of the breach by the non-breachi~)g party. / b) Upon expi,ration or termin4tion of this Agreement by either party, Siemens shall return all Buyers assets to Buye~within thirty calendar (30) days of the expiration or effective termination and Buyer sha~l return all Siemens assets provided to Buyer under this Agreement to Siemens wit)in thirty (30) calendar days of the expiration or effective termination. 17) ROGUE EQUIPMENT. Sierr Equipment at no additional c[ time guarantee for this situati~ repair, within the thirty (30) d ens agrees to apply special testing and repair to any Rogue arge to Buyer. Buyer agrees to waive the thirty (30) day turn ~n, if Siemens notifies Buyer of the need for special testing and ay turn around time. 18) OPTION TO RENEW. Buyer bas the option to renew and extend the term of this Agreement for an additional one (1) year Iperiod, commencing continuously with expiration of the existing initial Agreement on iAugust 1, 2004 and extending through July 31, 2005, subject to the following: a) All prices for follow-on maintenance shall be subject to change at time of option exercise. b) Buyer must exercise this Option to renew by serving written notice of intent to renew to Siemens on or before a p~riod of time sixty (60) calendar days prior to termination of the existing Agreement. In tl~e event a new Agreement is not consummated between the parties on or before expir~ttion of this existing Agreement, Siemens shall charge time and material charges for all F~uipment maintenance services provided by Siemens to Buyer at the then current Siemefls published rates after expiration of this Agreement.. 19) APPLICABLE LAW. The parties agree that this Agreement shall be governed and construed by the laws of the State of TeXas, but specifically excluding the provisions of the 1980 U.N. Convention on Contracts for tl~e International Sale of Goods. Venue for any legal dispute under this Agreement shall be !in the courts in Corpus Christi, Texas. 20) NOTICES. Notices under this Agreement shall be sufficient if sent by U.S. certified mail, postage prepaid or by an air courier service, prepaid as follows: To: Siemens Transportation Systams, Inc. Attn: Bill Hiller Manager, Customer Requirements and Service Integrated Local Govemmen~ Division 5265 Rockwell Drive, NE Cedar Rapids, IA 52402 6 Siemens Proprietary Information. Copyright 2002 Russell Young MDC/AVL Specialist 321 John Sartain Corpus Christi, TX 78401 Siemens ResponseMasterTM Equipment Maintenance Agreement Tel: (319) 743-1011 Fax: (319) 743-1015 Email: Bill.Hiller @ sts.siemensicom Phone: (361) 886-2794 Fax: (361) 826-2935 Email: Russy @ ci.corpus-christi.tx.us 21) TAXES AND FEES. The prices stated in this Agreement are exclusive of any taxes, duties, or equivalent charges, howeve~ designated, imposed upon or made payable by Siemens, its agents, assignees or subcontradtors, by a government, or taxing authority arising out of the supply or use of the EquipmenI or the performance of this Agreement, and Buyer expressly assumes responsibility for the l~rompt payment when due of all such charges. 22) PATENT, PROPRIETARY RIGHTS, COPYRIGHT AND TRADEMARK INDEMNITY. Siemens agrees that it will defend, at its own expense, all suits against Buyer for infringement of any United States patent or patents covering, or alleged to cover, all services provided and Equipment origir~ally sold by Siemens under this Agreement, and Siemens agrees that it will pay all sums iwhich by final judgment or decree in any such suits, may be assessed against Buyer on account of such infringement, provided that Siemens shall be given (i) prompt written notice of all claims of any such infringement and any of suits brought or threatened against Buyer and (ii) authority to assume the sole defense thereof through its own counsel and to compromise or settle any suits. If in any such suit so defended the Equipment is held to constitute an infringement and their use is enjoined or if, in light of any claim of infringement Siemens deems it advisable to do so, Siemens shall either procure the right to continue the use of the same for the Buyer or replace the same with non-infringing Equipment, or modify said Equipment so as to be non-infringing, or take back the infringing Equipment and refund the purchase price less a reasonable allowance for use, damage, or obsolescence. Indirect and consequential damages that may occur as a result of any infringement, or claim of infringement, are expressly disaffirmed, and the complete liability of Siemens shall be limited to its Agreement herein contained. Nothing in this Agreement shall alter or affect any indemnity on products provided by Siemens under other Agreements. 23) EXCUSABLE DELAY. Neither party shall be liable to the other for default or damages resulting from any failure to meet the delivery schedule or any other obligations to each other under this Agreement other than Buyer's obligations to pay Siemens if such failure is caused by or due to events beyond the control of the party invoking this provision such as, but not limited to, acts of Goch acts of war (whether declared or undeclared), riot, rebellion, sabotage, weather, fire, flood, drought, earthquake, windstorm, explosion, strikes or other labor troubles preventing delivery hereunder, embargo, delays, acts of government or government priorities, regulations or rules, court orders, or any other causes ("Events of Delay") and not due to the fault or negligence of the party claiming relief hereunder. 24) CONFIDENTIALITY. This Agreement and all information becoming available by virtue of this Agreement, shall at all times be treated by both parties as confidential and not be published, disclosed, or circulated, except (and only in so far as is necessary) in connection with the business requirements of the parties, for the purpose of legal proceedings, or if 7 Siemens Proprietary Information. Copyright 2002 Siemens ResponseMasterTM Equipment Maintenance Agreement required under Texas Public Igformation Act. Both parties shall ensure that all persons to whom information is disclosed shall be bound by the provisions of this clause. 25) LIMITATION OF LIABILIT ANY SPECIAL, INCIDENT~ WHATSOEVER (INCLUDI! OF PROFITS, OR BUSINES OR INABILITY TO USE AP DESCRIBED HEREIN EITt ANY OTHER PRODUCT Et EVEN IF SIEMENS HAS BI CERTAINTY OF SUCH DA LIABILITY HEREUNDER (INCLUDING NEGLIGENC SHALL IN NO EVENT EX£ 26) ARBITRATION. Any dispute be settled by negotiation in go¢ parties three (3) months after tt referred to arbitration in the Ur International Chamber of Corn said rules. Each party is respo! f. IN NO EVENT SHALL SIEMENS BE LIABLE FOR ~L, INDIRECT OR CONSEQUENTIAL DAMAGES ~G, WITHOUT LIMITATION, DAMAGES FOR LOSS INTERRUPTION) ARISING OUT OF THE USE OF Y EQUIPMENT OR ASSOCIATED SOFTWARE IER SEPARATELY OR IN COMBINATION WITH ~UIPMENT, SOFTWARE OR OTHER MATERIALS EN ADVISED OF THE POSSIBILITY OR VlAGES. SIEMENS' TOTAL AGGREGATE VHETHER BASED UPON CONTRACT, TORT AND STRICT LIABILITY) OR OTHERWISE, EED THE PRICE PAID BY BUYER HEREUNDER. trising from the terms and conditions of this Agreement shall faith by the parties. If there is no Agreement between the beginning of such a negotiation, the dispute shall be ed States of America in accordance with the Rules of the neree, by one arbitrator appointed in accordance with the tsible for its own costs. 27) INSURANCE. Siemens agrees~ to provide insurance in compliance with the attached Enclosure 2. 28) ENTIRE AGREEMENT. The ~erms and provisions stated herein comprise all the terms, conditions, and agreements of the parties respecting the Equipment maintenance provided hereunder and supersede any provi~i.on on the face and reverse side of the Buyer's return order or any prior agreement inconsistent w~th the provisions hereof. No other terms, conditions, representations, warranties or guarantees, whether written or oral, express or implied, shall form a part hereof or have any legal effect !whatsoever. No modification hereof shall be valid unless in writing and duly signed by Buyer' and Siemens' authorized representatives. Siemens Proprietary Information. Copyright 2002 8 Siemens ResponseMasterTM Equipmbnt Maintenance Agreement IN WITNESS WHEREOF The parties have caused this Agreement to be executed This of ,2003 Siemens Transpo~t]tion Syste~.S, Inc. Integ~ ~I-~oc~al Glvemment Division City of Corpus Christi By: Title 9 Siemens Proprietary Information. Copyright 2002 Siemens ResponseMasterTM Equipment Maintenance Agreement ATTACHMENT A SCHED1 }'LE OF COVERED EQUIPMENT The following equipment is covere(~ by the terms of this Agreement for the period August 1, 2003 through July 31, 2004 and includes ~11 sub-assemblies except mobile radios. The paxt numbers are the master part numbers from whictt all serialized sub-components are referenced. ! S ~ecific Plan Coven e Description I Siemens Part Number Public Safety Flat RVLU ; 989-6636-203 ! Public Safety Auto RVLU , 989-6636-204 Public Safety Min RVLU 989-6636-205 Public Safety Fiat RVLU ~ 989-6636-206 Mobile Software for Public Safe~ 17S2000-B02 Attachment - A Siemens Proprietary Information. Copyright 2002 SIEMENS Siemens ResponseMasterTM Equipment Maintenance Agreement ENCLOSURE 1 - PRICING SCHEDULE ONSITE ENGINEERING SERVICES. Siemens offers onsite engineering services for Software work not covered by this Agreement. If Licensee wishes to contract for these services they will be provided at a rate of $121 per hoar, plus, a per diem price based upon travel expenses incurred. The following pricing is in effect fo~ the period beginning August 1, 2003 through July 31, and 2004. The annual maintenance fee iq subject to an increase of up to 5% at time of renewal. Quantity of Mobile Unit i Extended Systems MaintenanCe Fee Mmntenance Fee 200 $28I~ $59,010 Maintenance year two 5% increase ................................ $2,950 Total Maintenance Fee ................ ~ ................................... 61,960 The BUYER shall notify Siemens v~ithin thirty (30) days of changes to Buyer's operating fleet or Equipment. Enclosure 1 Siemens Proprietary Information. Copyright 2001 SIEMENS Siemens ResponseMasterTM Equipment ~ laintenance Agreement Enclosure 2 INSI~tANCE REQUIREMENTS SIEMENS'S LIABILITY I~SURANCE Siemens must not comme[ herein has been obtained must not allow any subcont~ of any subcontractor has bee B. Siemens must furnish to t Insurance, showing the following n City's Risk Manager. The City mu policy and a blanket waiver of subn ce work under this agreement until all insurance required ~d such insurance has been approved by the City. Siemens actor to commence Work until all similar insurance required obtained. City's Risk Manager two (2) copies of Certificates of tinimum coverage by insurance company(s) acceptable to the be named as an additional insured for the General Liability ~gation is required on all applicable policies. TYPE OF INSURANCE }O-Day written notice of material cha~ge, non- renewal or .ter .mination and 10 day w~itten notice ~f, cancellation is required on all certificates ,~OMMERCIAL GENERAL LIABILITY including: MINIMUM INSURANCE COVERAGE Bodily Injury and Property Damage per ~ccurrence aggregate $1,000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises - Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors ~. Personal Injury WORKERS' COMPENSATION EMPLOYERS' LIABILITY WHICH COMPLIES WITH TI-IE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS ACT AND PARAGRAPH 2 OF THIS EXHIBIT $500,000 C. In the event of accidents of any kind, Siemens must furnish the Risk Manager with copies of all reports of such accidents at the same time that the reports are forwarded to any other interested parties. Siemens PD veh locator device maintenance ins. req. 8-28-03 ep Risk Mgmt Enclosure 2 Siemens Proprietary Information. Copyright 2001 SIEMENS Siemens ResponseMasterTM Equipment Maintenance Agreement II. ADDITIONAL REQUIREMENTS A. Siemens must obtain workers' compensation coverage through a licensed insurance company obtained in accordance willh Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage must be provided in amounts sufficient to a~sure that all workers' compensation obligations incurred by the Consultant will be promptly met~ B. Certificate of Insurance: * The City of Corpus Chrisl liability coverage and a blanket wai * If your insurance company (bottom right) must be amended "canceled", and deleting the words, must be named as an additional insured on the General ,er of subrogation is required on all applicable policies. uses the standard ACORD form, the cancellation clause by adding the wording "changed or" between "be" and 'endeavor to", and deleting the wording after "left". * The name of the project must be listed under "Description of Operations" * At a minimum, a 30-day Written notice of material change, non-renewal, termination and a 10-day written notice of canCellation to the Risk Manager is required. C. If the Certificate of Insurance does not show on its face the existence of the coverage required by items 1.B (1)-(6), an authorized representative of the insurance company must include a letter specifically stating whether items 1.B. (1)-(6) are included or excluded. Enclosure 3 Siemens Proprietary Information. Copyright 2001 SIEMENS MA RESP SIEMENS' INTEGRATI C INTENANCE AGREEMENT DNSEMASTERTM SOFTWARE FOR FRANPORTATION SYSTEMS, INC. D LOCAL GOVERNMENT DIVISION OPERATED BY [TY OF CORPUS CHRISTI Sien~ens Transportation Systems, Inc. Integrated Local Government Division 5265 Rockwell Drive Cedar Rapids, Iowa 52402 Siemens Proprietary Information. Copyright 2002 Siemens ResponseMasterTM Software Maintenance Agr.eement TABLE OFCONTENTS 1. TERM OF AGREEMENT 2. SOFTWARE COVERED 3. COMPENSATION 4. DOCUMENTATION 5. CORRECTION TIME ON SOFTWARE SUPPORT INQUIRIES 6. ON-SITE ENGINEERING SERylCES 7. SOFTWARE CORRECTION I 8. SOFTWARE EXCLUDED FROM MAINTENANCE SERVICES 9. CHANGES TO SOFTWARE 10.TERMINATION 1 I.OPTION TO RENEW 12.APPLICABLE LAW 13.NOTICES 14.TAXES AND FEES 15.PATENT, PROPRIETARY RIGHTS, COPYRIGHT AND TRADEMARK INDEMNITY 16.EXCUSABLE DELAY 17.CONFIDENTIALITY 18.LIMITATION OF LIABILITY 19.ARBITRATION 20.ENTIRE AGREEMENT ATTACHMENT A - SCHEDULE,OF COVERED SOFTWARE ENCLOSURE 1 - PRICING SCHEDULE i Siemens Proprietary Information. Copyright 2002 Siemens ResponseMasterTM Softwale Mainten'ance A;reement SOFTWARE MAINTENANCE AGREEMENT Between Siem :n's Transportation Systems, Inc. Inte :ated Local Government Division (Herein after Siemens) and City of Corpus Christi (Herein after Licensee) WHEREAS Siemens is the owm of the rights to certain soflwvare identified under Attachment A (Collectively "Software"), inch ding copyright, trademark, trade secret and other intellectual property rights; WHEREAS Siemens has granted Licensee certain rights regarding the Software under Contract B1-0124-97 dated June 1, 1998, tl conditions specified under the gra AND, WHEREAS Licensee wish the Software; tat enable Licensee to use the Software under the terms and ated license; ~s to participate in Siemens' annual maintenance program for NOW, THEREFORE, the parties lagree as follows: TERM OF THIS AGREEMENT. The term of this Software Maintenance Agreement (Agreement) shall commence on August 1, 2003, and shall continue through July 31, 2004, unless terminated in accordance with Article 10 below. 2. SOFTWARE COVERED. Sgftware covered under this Agreement is specified in Attachment A of this Agreement. 3. SERVICES PROVIDED. S~emens agrees to furnish RESPONSEMASTERTM Systems Software maintenance service consisting of the necessary labor, and testing of all licensed Software listed in Attachment A ISoftware) in accordance with the terms and conditions of this Agreement. Licensee agrees to u~e Siemens as the preferred Software maintenance vendor for all Software so listed. Siemens shall provide Software maintenance services in accordance with the appropriate Siemens documentation and processes in order to establish that maintained Software meets mutually approved operating specifications as defined at the applicable system acceptance. 1 Siemens Proprietary and Copyrighted Information Siemens ResponseMasterTM Software Maintenance Agreement 4. COMPENSATION. For the services covered by this Agreement, Licensee agrees to pay the Annual Maintenance Plan Fees set forth in Enclosure 1, Pricing Schedule. Payment shall be made in full within thirty (30) days of the date of Siemens' invoice and Licensee's receipt of the corrected/serviced Software. Time and Material invoicing shall apply to any correction services for any Software covered under Article 12, Soft~vare Excluded From Maintenance Services, of this Agreement. The prices set forth in the Pricing Schedule (Enclosure 1) include all charges for Siemens' packing materials and labor as4 well as handling. Prices exclude any taxes, customs duties, and broker's fees. Siemens shall invoice Licensee at the address set forth below for services provided hereunder. Invoice address: City of Corpus Christi attn: Russell Young MDC/AVL Specialist 321 John Sartain Corpus Christi, Texas 78401 Payment address: Siemens Transportation Systems, Inc. Integrated Local Government Division Accounts Receivable 5265 Rockwell Drive NE Cedar Rapids, Iowa 52402 5. DOCUMENTATION. Upon ~he identification of a possible fault or problem within any of the Software to be supported hereunder, Licensee shall promptly issue a Trouble Report to Siemens that shall include the following information. The Trouble Report shall be transmitted to the address nominated by siemens, by telephone, facsimile, or e-mail, as appropriate. Siemens shall arrange for onward transmission to the designated repair technician or on-site engineer. Date of failure or software issue. a} Software module in question and location of where Software is installed. b} Detailed Description of Failure symptom. ¢} Part number, version number, and severity of the failed Software. d} Contact name related to Software in question 6. CORRECTION TIME ON SOFTWARE SUPPORT INQUIRIES. For the term of this Agreement, Siemens shall provide reasonable telephone support, in the form of assistance and advice on the use and maintenance of the Software, during regular business hours (Central Time Zone). After Hours Software Support Calls will be provided by an answering service. A project engineer or field support specialist shall return calls of an urgent nature within 1 hour. Otherwise, calls shall be retumed during the first hour of the next business day. In the event that the Licensee detects any errors or defects in the Software, Siemens will provide a correction time of ninety (90) days or as mutually agreed upon for Software corrections. The correction time is calculated from formal identification of the root cause of the problem by Siemens. 7. ON-SITE ENGiNEERING SERVICES. Siemens On-Site Engineers can be made available to assist with any Siemens system problems associated with Siemens Software on a time, Siemens Proprietary and Copyrighted I,formation Siemens ResponseMasterTM Softwa 'e Maintenance Agreement material and travel expense I~asis as set forth under Enclosure 1. If Siemens sends On-Site support to Licensee to address a problem that is subsequently determined to be a problem with Siemens-provided Equi@ment or Software, Siemens' On-Site Engineering Services shall be provided at no cost tO Licensee 8. SOFTWARE CORRECTION 8.1 Siemens agrees to provide thc this Agreement: A)Siemens shall maintain th~ respects with the descripti of the applicable system B) Siemens shall send Lice: the Licensee's specified a~ that Siemens generally mE "Upgrades" are any new f following Software maintenance services during the term of : Software so that it operates in conformity in all material )ns and specifications for the Software as defined at the time :ceptance. ~ee mailings on updates of and upgrades to the Software to [dress. "Updates" are those enhancements to the Software kes available as part of the annual maintenance program. ,~ature or major enhancement to the Software that Siemens markets and licenses for ~ditional fees separately from the updates. Upgrades (defined as func :ionality not required and/or provided under the original contract) to Software, incl sding third-party software upgrades, are not covered under the scope of this Agreeme at and are subject to an independent proposal. Once Siemens has integrated such upgra( res into our then current product offering, assistance to migrate to this version col ~ld either be covered under this Agreement or in a separate contract at the offered upi rade price. 8.2 Licensee shall, at Siemens' ~'equest, provide Siemens with the right to dial in access to Licensee's computers on which the Software is installed, so as to enable Siemens to monitor the operation of the Software. 8.3 Siemens does not represent Or warrant that the Software will meet any or all of Licensee's particular requirements, that !the operation of the Software will be error-free or uninterrupted or that all program errors in the Software can be found in order to be corrected. 8.4 EXCEPT FOR THE GUARANTEES PROVIDED HEREUNDER, NO OTHER WARRANTIES EXPRESSI[D OR IMPLIED SHALL BE APPLICABLE TO ANY SOFTWARE PATCHES, UPDATES OR UPGRADES HEREUNDER, AND THE TERMS OF THIS AGREEMENT SHALL CONSTITUTE LICENSEE'S SOLE RIGHT AND REMEDY UNDER THIS AGREEMENT. IN NO EVENT SHALL SIEMENS HAVE ANY LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR LOSS, DAMAGE OR iEXPENSE DIRECTLY OR INDIRECTLY ARISING FROM THE USE OF THE SOFTWARE. 9. SOFTWARE EXCLUDED FROM MAINTENANCE SERVICES. 3 Siemens Proprietary and Copyrighted Information Siemens ResponseMasterTM Softw~tre Maintenance Agreement The Licensee agrees that, in relation to Software maintenance hereunder, the following, for which Siemens can reasonably demonstrate_that damage has occurred beyond a serviceable level and such damage was caused by the Licensee, or that there was not a defect in the Software, are considered excluded from coverage: a) b) c) d) e) g) h) i) J) k) l) Software subjected to carelessness, negligence, or other than the speCified normal or intended use by Licensee, or any third parties while the Software is in Licensee's possession; So~ware subject to cannibalization by Licensee, or any third parties while the Software is in Licensee's possession; Software subjected to alteration or repair by Licensee, or any third parties, in a manner which conflicts with Siemens' written repair procedures and license terms; Software subjected to inadequate packing, storage or handling by Li0ensee, or any third parties while the Software is in Licensee's possession; Software subjected to fire, wind, flood, leakage, collapse, ligl~tning, explosion, or other Acts of God; Software subject to acts of war, terrorism, or the public enemy; Software which Licensee requests be overhauled or refurbished to a new status or part number. Software subjected to vandalism by Licensee, or any third parties while the Software is in Licensee's possession; Software altered by service bulletins other than those service bulletins defined as reliability improvements herein; Software Upgrades; Omsite installation, configuration and verification of Software updates. Software other than that identified under Attachment A of this Agreement. Licensee agrees that the thirty {30) and ninety (90) day turnaround times shall not apply to Sofiware that is determined by iSiemens to be Excluded From Maintenance Services. Software that attains Excluded Services status may only be added back into Siemens' maintenance coverage hereunder by written authorization from Siemens. 10. CHANGES TO SOFTWARE. During the term of this Agreement, Siemens may, from time to time, issue service btflletins indicating changes to the Software listed in Attachments A. Installation of any service bulletins requested by Licensee will be on a time schedule to be mutually agreed upon by both parties. a) Service bulletins designated by Siemens to improve reliability of the Software listed in Attachments A will be incorporated at no additional charge to Licensee. b) Service bulletins requested by Licensee that are deemed optional by Siemens will be chargeable using the Time and Material rates specified under Enclosure 1. 4 Siemens Proprietary and Copyrighted Information Siemens ResponseMasterTM Softw4e Maintenance Agreement 11. TERMINATION. a) Siemens and Licensee in part by providing th: following reasons: (i) Delay, or any other oc~ prevents Siemens or L: this Agreement for a p of the parties, or (iii) fi for sixty (60) days foll of the breach by the nc b) Upon expiration or ter~ return all Licensees' a~ expiration or effective provided to Licensee r days of the expiration c) At termination of this 12. OPTION TO RENEW. Lice] Agreement for an additional c of the existing initial Agreem~ in accordance with the follow a) All prices shall be subject b) Licensee must exercise thi to Siemens on or before a the existing Agreement. ,~ach has the fight to terminate this Agreement in whole or rty (30) days written notice to the other party for any of the For any occurrence described under Article 17, Excusable .urrence beyond the cause and control of the parties and that censee from performing their respective obligations under ,'hod longer than two (2) months, (ii) by mutual agreement ,r material breach by the other party which remains uncured )wing a written notice of the breach and a demand for cure n-breaching party. nination of this Agreement by either party, Siemens shall sets to Licensee within thirty calendar (30) days of the termination and Licensee shall return all Siemens assets nder this Agreement to Siemens within thirty (30) calendar )r effective termination. [greement, Siemens shall refund to Licensee tsee has the option to renew and extend the term of this ae (1) year period, commencing continuously with expiration :nt on August 1, 2004 and extending through July 31, 2005, ng: to change s option to renew by serving written notice of intent to renew ,eriod of time sixty (60) calendar days prior to termination of the event a new Agreement is not consummated between the parties on or before e~piration of this existing Agreement, Siemens shall charge time and material charges!for all Software maintenance services provided by Siemens to Licensee at the then culrent Siemens published rates after expiration of this Agreement. 13. APPLICABLE LAW. The parties agree that this Agreement shall be governed and construed by the laws of the State of Texas, but specifically excluding the provisions of the 1980 U.N. Convention ola Contracts for the International Sale of Goods. Venue for any legal dispute under this agreement shall be in the courts in Corpus Christi, Texas. 14. NOTICES. Notices under tiffs Agreement shall be sufficient if sent by U.S. certified mail, postage prepaid or by an air Courier service, prepaid as follows: TO; Siemens Transportation Systems, Inc. Attn: Bill Hiller Manager, Customer Requirements and Service Integrated Local Government Division 5265 Rockwell Drive, NE Cedar Rapids, IA 52402 To; Russell Young MDC/AVL Specialist 321 John Sartain Corpus Christi, TX 78401 5 Siemens Proprietary and Copyrighted Information Siemens ResponseMasterTM Software9 Maintenance Agreement Tel: (319) 743-1011 Fax: (319) 743-1015 Email: Bill. Hiller~sts.siemens.com Phone: (361)-886-2794 Fax: (361)-826-2935 Email: Russy~ci.corpus-christi.tx.us 15. TAXES AND FEES. The pri*s stated in this Agreement are exclusive of any taxes, duties, or equivalent charges, l~owever designated, imposed upon or made payable by Siemens, its agents, assignees Or subcontractors, by a government, or taxing authority arising out of the supply or us~ of the Software or the performance of this Agreement, and Licensee expressly assumes responsibility for the prompt payment when due of all such charges. 16. PATENT, PROPRIETARY I~IGHTS, COPYRIGHT AND TRADEMARK INDEMNITY. Siemens agrees that it will defend, at its own expense, all suits against Licensee for infringement of any United S!ates patent or patents covering, or alleged to cover, all services provided and Software originally sold by Siemens under this Agreemem, and Siemens agrees that it will pay all sums which by final judgment or decree in any such suits, may be assessed against Licensee on account of such infringement, provided that Siemens shall be given (i) prompt written notice of all claims of any such infringement and any of suits brought or tllreatened against Licensee and (ii) authority to assume the sole defense thereof through its own counsel and to compromise or settle any suits. If in any such suit so defended tho Software is held to constitute an infi'ingement and its use is enjoined or if, in light of any ~claim of infringement Siemens deems it advisable to do so, Siemens shall either procure the right to continue the use of the same for Licensee or replace the same with non-infringing Software, or modify said Software so as m be non- infringing, or take back the infringing Software and refund the purchase price less a reasonable allowance for usei damage, or obsolescence. Indirect and consequential damages which may occur as a result of any infringement, or claim of infringement, are expressly disaffirmed, and the complete liability of Siemens shall be limited to its Agreement herein contained. Nothing in this Agreement shall alter or affect any indemnity on products provided by Siemens under other Agreements. 17. EXCUSABLE DELAY. Neither party shall be liable to the other for default or damages resulting from any failure to meet the delivery schedule or any other obligations to each other under this Agreement other than Licensee's obligations to pay Siemens if such failure is caused by or due to events beyond the control of the party invoking this provision such as, but not limited to, acts of God, acts of war (whether declared or undeclared), riot, rebellion, sabotage, weather, fire, flood, drought, earthquake, windstorm, explosion, strikes or other labor troubles preventing delivery hereunder, embargo, delays, acts of government or govermnent priorities, regulations or rules, court orders, or any other causes ("Events of Delay") and not due to the fault or negligence of the party claiming relief hereunder. 18. CONFIDENTIALITY. This Agreement and all information becoming available by virtue of this Agreement, shall at all times be treated by both parties as confidential and not be 6 Siemens Proprietary and Copyrighted Information Siemens ResponseMasterTM Softwale Maintenance Agreement published, disclosed, or circulated, except (and only in so far as is necessary) in connection with the business requirements of the parties or for the purpose of legal proceedings, or if required uniter the Texas Public Information Act. Both parties shall ensure that all persons to whom information is disclosed shall be bound by the provisions of this clause. 18. LIMITATION OF LIABILIT'~. IN NO EVENT SHALL SIEMENS BE LIABLE FOR ANY SPECIAL, INC1DENTP~L, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, OR BUSINESS II~TERRUPTION) ARISING OUT OF THE USE OF OR INABILITY TO USE ANY E ~UIPMENT OR ASSOCIATED SOFTWARE ~R SEPARATELY OR IN COMBINATION WITH ANY DESCRIBED HEREIN EITH OTHER PRODUCT EQUIPIV SIEMENS HAS BEEN ADVI DAMAGES. SIEMENS' TO' WHETHER BASED UPON £ STRICT LIABILITY) OR O'I PRICE PAID BY LICENSEE ENT, SOFTWARE OR OTHER MATERIALS EVEN IF SED OF THE POSSIBILITY OR CERTAINTY OF SUCH 7AL AGGREGATE LIABILITY HEREUNDER !ONTRACT, TORT (INCLUDING NEGLIGENCE AND HERWlSE, SHALL IN NO EVENT EXCEED THE HEREUNDER. 19. ARBITRATION. Any disput~ arising from the terms and conditions of this Agreement shall be settled by negotiationi in good faith by the parties. If there is no Agreement between the parties three (3) months after the beginning of such a negotiation, the dispute shall be referred to arbitration~in the United States of America in accordance with the Rules of the International Chamber of Commerce, by one arbitrator appointed in accordance with the said rule~. Each party is responsible for its own costs. 20. INSURANCE. Siemens agre{s to provide insurance in compliance with the attached Enclosure 2. 21. ENTIRE AGREEMENT. Th~ terms and provisions stated herein comprise all the terms, conditions, and agreements of the parties respecting the Software maintenance provided hereunder, and supersede anyiprovision on the face and reverse side of the Licensee's return order or any prior agreement inconsistent with the provisions hereof. No other terms, conditions, representations, warranties or guarantees, whether written or oral, express or implied, shall form a part hereof or have any legal effect whatsoever. No modification hereof shall be valid unless ill writing and duly signed by Licensee's and Siemens' authorized representatives. Siemens Proprietary and Copyrighted Information 7 Siemens ResponseMasterTM Software Maintenance Agreement 1N WITNESS WHEREOF The parties have caused this Agreement to be executed this of ,2003 Title: Controller Licensee: City of Corpus Christi By: Title . . cl/In/o3 For City Attorney 8 Siemens Proprietary and Copyrighted Information Siemens ResponseMasterTM Softwale Mainter;ance Agreement ATTACHMENT A - SCHEDULE OF COVERED SOFTWARE The following sottware is released and irlstalled as part of the AVL project: ResponseMasterTM Workstation Site Lic~ nse Including AVLYMap for Public Safety - (23S2000-003) Build 3 Baseline with Patches I thru 6 Shared Infrastructure Software: OneCom Multi-Channel Controller including Radio Network Controller Attachment- 1 Siemens Proprietary and Copyrighted Information July 2002 SIEMENS Siemens ResponseMasterTM Software Maintenance Agreement ENCLOSURE 1 - SOFTWARE MAINTENANCE PRICING SCHEDULE ONSITE ENGINEERING SERVICES. :Siemens offers onsite engineering services for Software work not covered by this Agreement. If Licensee wishes to contract for these services they will be provided at a rate of $115 per hour, plus, a per diem price baaed upon travel expenses incurred. SOFTWARE ENGINEERING SERVICES. Tinge and Material invoicing related to any correction services for any Software covered under Article 12, ~oftware Excluded From Maintenance Services, will be at the rate of $157 per hour. The following pricing is in effect for the period beginmng August 1, 2003 through July 31, and 2004. The annual maintenance fee is subject to an increase of up to 5% at time of renewal. Software Ca egory Description Maintenance Fee R. esponseMaster Workstation Site Licen ~e $12,075 Shared Infrastructure Software: OneCon m Multi-Channel Controller including Radio $10,760 Network Controller (7/15 share) Total Maintenance Fee i $22,835 Enclosure- 1 Siemens Proprietary and Copyrighted Information July 2002 Siemens ResponseMasterTM Softwar~ Mainte;ance Agreement INSI SIEMENS'S LIABILITY Siemens must not comme: herein has been obtained must not allow any subc required of any subcontrac B. Siemens must furnish to Insurance, showing thc following the City's Risk Manager. The C Liability policy and a blanket wai~ Enclosure 2 RANCE REQUIREMENTS NSURANCE ice work under this agreement until all insurance required nd such insurance has been approved by the City. Siemens >ntractor to commence Work until all similar insurance or has been obtained. he City's Risk Manager two (2) copies of Certificates of minimum coverage by insurance company(s) acceptable to ty must be named as an additional insured for the General ,er of subrogation is required on all applicable policies. TYPE OF INSURANCE I MINIMUM INSURANCE COVERAGE 50-Day written notice of material cha] tge, non- Bodily Injury and Property Damage per renewal or termination and 10 day wt itten notice occurrence aggregate af cancellation is required on all certiticates COMMERCIAL GENERAL LIABILF[ Y including: $1,000,000 COMBINED SiNGLE LIMIT Commercial Form 2. Premises - Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 5. Personal Injury , WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION WORKERS' COMPENSATION ACT AND 'ARAGRAPH II OF THIS ACT AND 'ARAGRAPH 2 OF THIS EXHIBIT EMPLOYERS' LIABILITY $500,000 C. In the event of accidents of any kind, Siemens must furnish the Risk Manager with copies of all reports of such accidents at the same time that the reports are forwarded to any other interested parties. Siemens PD veh locator device maintenance ins. req. 8-28-03 ep Risk Mgmt Enclosure-2 Siemens Proprietary and Copyrighted Iaformation July 2002 Siemens ResponseMasterTM Software Maintenance Agreement II. ADDITIONAL REQUIREMENTS A. Siemens must obtain wodrers' compensation coverage through a licensed insurance company obtained in accordance with Texas law. The contract for coverage must be written on a policy and endorsements apl~roved by the Texas Department of Insurance. The coverage must be provided in amounts su[ficient to assure that all workers' compensation obligations incurred by the Consultant will by promptly met. B. Certificate of Insurance: i * The City of Corpus Christi must be named as an additional insured on the General liability coverage and a blanket ~aiver of subrogation is required on all applicable policies. * If your insurance compagy uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled", and deleting the words, "endeavor to", and deleting the wording after "left". * The name of the project ~nust be listed under "Description of Operations" * At a minimum, a 30-day ~Vritten notice of material change, non-renewal, termination and a 10-day written notice of chncellation to the Risk Manager is required. C. If the Certificate of Insurance does not show on its face the existence of the coverage required by items 1.B (1)-(6), an authorized representative of the insurance company must include a letter specifically stating whether items 1 .B. (1)-(6) are included or excluded. Enclosure-3 Siemens Propriehary and Copyrighted ~nformation July 2002 7 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: A. Motion to accep the amount of (CACFP) to pro enrichment pro! B. Ordinance app~ Department of [ Program in the school supplem enrichment proc. C. Resolution aut~ Interlocal Coo[ School District enrolled in appn September 23, 2003 : a grant from the Texas Department of Human Services in $206,451 for the Child and Adult Care Food Program vide after school snacks to youth enrolled in after school rams for FY 2003-2004. )priating a grant in the amount of $206,451 from the Texas luman Services to operate the Child and Adult Care Food No. 1067 Federal/State Grants Funds providing for after 9nts (snack) for youth enrolled in approved after school rams for FY 2003-2004. orizing the City Manager, or his designee, to execute eration Agreements with Corpus Christi Independent Io provide after school supplements (snacks) for youth )ved after school enrichment programs for FY 2003-2004. ISSUE: In order to provid~after school supplements (snacks) for the after school enrichment programs at the ~_atchkey sites and Recreation Centers, the City Council must A) appropriate $206,0451 in grant funds from the U.S. Department of Agriculture and Texas Department of H~man Services for a youth nutrition program, B) approve agreements with CCISD for the preparation and delivery of snacks to the sites approved by the Child and Adult Care Food Program. This program requires no city matching funds for qualifying sites. REQUIRED COUNCIL ACTION: Action is required to appropriate grant funds and authorize the City Manager, c~r his designee, to execute all related contracts and documents for the FY'03-'04 Child and Adult Care Food Program for youth enrolled in after school enrichment programs. RECOMMENDATION: Staff recommends that the City Council appropriate the Child and Adult Care Food Program grant with U.S. Department of Agriculture and Texas Department of Human Services and approve the Interlocal Cooperation Agreements with Corpus Christi Independent School District (CClSD). M:~PR-D1RhMAUREEN~GRANTS\AFTERSCHOOL SNACK 03-04\Grant Application\CouncilAgendaMemo. DOC9/l 1/2003 PRIOR COUNCIL ACTION: The City Council has for ten (10) years approved a similar youth nutrition grant related tO the Summer Recreation Programs. In addition, the City Council has also approved the Child and Adult Care Food Program grant for the past two (2) years. FUNDING: Texas Department of Human Services grant funds. ADDITIONAL SUPPORT MA]I'ERIAL Background Information : [] Contract Summary : [] Ordinance/Resolution [] Map(s) [] David Ondrias, Acting Director Park and Recreation Department BACKGROUND: The U.S. AGENDA MEMORANDUM ADDITI(~NAL BACKGROUND INFORMATION Department of AgricUlture (USDA) through the Texas Department of Human Service (TDHS) provides grants Lunch Program. This program i.~ after school educational and/or site must: a) provide youth with regularly supervised environment b) include educational and/or ( c) site must be located in an a~ enrolled are eligible for free The Park and Recreation Depart to be served are Casa Lind~ Meadowbrook Elementary, Elementary, Galvan Elementa Elementary, Smith Elementar, Elementary , Crocket Element~ Elementary, Oak Park Elemer for youth nutrition as a continuation of the National School called the Child and Adult Care Food Program (CACFP) for enrichment activities. In order to qualify for this program, a scheduled activities in an organized, structured and nrichment activities as part of the programming ea served by a school where 50% or more of the youth 3r reduced price school meals ~ent has a total of 24 Latchkey sites (Agenda Item A). Sites ~ Elementary, Fannin Elementary, Houston Elementary, ~ger Elementary, Carroll Lane Elementary, Central Park fy, Kostoryz Elementary, Moore Elementary, Sanders ', Yeager Elementary, Calk Elementary, Chula Vista ¥, Garcia Elementary, Los Encinos Elementary, Montclair tary, Schanen Elementary, Wilson Elementary, Prescott Elementary and Woodlawn Elerdentary. There are 5 sites that do not qualify for this program based on enrollment of youth eligible for free and reduced school meals. These sites are Barnes Elementary, Dawson Elementary, Mireles Elementary, Jones Elementary, Windsor Park Elementary and Club Estates Elementary. However, to maintain the consistency and quality of the Latchkey program, these sites will be provided an alternoon snack. Cost for these sites will be paid from already designated funds. Over the past few years, the City and CCISD have entered into local interagency agreements for the preparation and delivery of meals to the sites with the Summer Food Service Program. The City again proposes to enter into contracts with CClSD to prepare and deliver snacks at a rate of $.53 per snack for the school year beginning October 1, 2003-May 29, 2004. CClSD will also maintain and provide menu preparation records. The snack consists of fruitJvegetable, milk/juice and dessert. It is estimated that approximately 2,755 youth per day will be served after school Snacks. At each site, city staff will verify daily snack counts and distribute snacks to youth[ Total program costs are to be provided by the State's reimbursement. No City funds will be utilized for this program to qualifying sites, but an ordinance is necessary to appropriate the grant of $206,451 in order to implement the program. CCISD has approved the food service agreements. CorpuslChristi Independent School District OFFICE OF FOOD SERVICES 4922 Westway Drive · Corpus Christi, Texas 78408 361-844-0222 FAX: 361-844-0226 E-mail: jfhouston @ foodservice.corpusochristi.k12.tx.os FROM0 ~qoriega \'~i. ~tFinancial Offic DATE: "'"Se 5tember 5, 2003 SUBJECT: AFTER SCHOOL SP Iools :r ~ ACK CONTRACTS Attached for signature are two contracts for the Interlocal Cooperation Agreement between the City of Corpus Christi and the Corphs Christi Independent School District for the After School Snack Child and Adult Care Food Program and a duplicate whereby the District is to provide for the selling of snacks to the City of Corpus Christi for their Latchkey Program. The contract will mn from October 1, 2003 through May 27, 2004 and should be signed by the appropriate personnel and returned to the Office of Food Services. I have reviewed this subject and the~ attached material with the appropriate members of my staff as indicated by the signatures listed! below. If this material meets with your approval, please sign where appropriate on form(s) and/or letter and return to my office for mailing and distribution. A signature tag has been placed on each page requiring your signature. ROUTE APPROVAL: CHIEF FINANCIAL OFFICER: ADMINISTRATIVE DIRECTOR FOR SUPPORT SERVICES: DIRECTOR FOR FOOD SERVICES: AN ORDINANCE APPROPRIATING A GRANT 1N THE AMOUNT OF $206,451 FROM THE TEXAS DEPARTMENT OF HUMAN SERVICES TO OPERATE THE CHILD AND ADULT AND RECREATION Gl SUPPLEMENTS FOR SCHOOL ENRICHMI DECLARING AN EME NOW, THEREFORE, B OF CORPUS CHRISTI, TEXA SECTION 1. That a gran Services is appropriated in the No. supplements for youth enrolled in ARE FOOD PROGRAM IN THE NO. 1067 PARK LANTS FUND PROVIDING FOR AFTER SCHOOL YOUTH ENROLLED IN APPROVED AFTER ',NT PROGRAMS FOR FY 2003-2004; AND tGENCY. ~ IT ORDAINED BY THE CITY COUNCIL OF THE CITY in the amount of $206,451 from the Texas Department of Human 1067 Park and Recreation Grants Fund to provide for after school approved after school enrichment programs for FY2003-2004. SECTION 2. That upo~ written request of the Mayor or five Council members, copy attached, the City Council (1) fi[ads and declares an emergency due to thc need for immediate action necessary for the efficient!and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and lakes effect upon first reading as an emergency measure this the __ day of ,2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: August 19, 2003 Samuel L. Neal, Jr. Mayor Lisa Aguilar Assistant City Attorney for City Attorney H:\LEG-DIR\Sharcd\VERONICA\Lisa\OrdI\Child and Adult Care Food Programwpd A RESOLUTION AUTHORIZING THE CI~I'Y MANAGER, OR THE CITY MANAGER'S DESIGNEE, TO EXECI~JTE AN INTERLOCAL COOPERATION AGREE- MENT WITH CORPUSICHRISTI INDEPENDENT SCHOOL DISTRICT FOR THE AFTER SCHOOL SNACK - CHILD AND ADULT CARE FOOD PROGRAM. BE IT RESOLVED BY THE iCITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager, or the City Manager's designee, is authorized to exe- cute an Interlocal Cooperatioq Agreement with the Corpus Christi Independent School District for the After School Snack-Child and Adult Care Food Program. INTRODUCED AND PASSED bythe City Council of the City of Corpus Christi, Texas, on the day of August, 2003. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Samuel L. Neal, Jr., Mayor APPROVED: August 19, 2003 Doyle C~rti~ -- Chief, Administrative Law Section Senior Assistant City Attorney For City Attorney INTERLOCAL COOPERATION AGREEMENT BE'FWEEN THE CORPUS CHRI AFTER SCHOOL SNA( This Interlocal Cooperal tween the City of Corpus Chris acting through its duly authoriz designee, and the Corpus Chri through its duly authorized Su[ poses of the Texas Intergoven ter 791, as amended, to achie~ ties. CITY OF CORPUS CHRISTI AND STI INDEPENDENT SCHOOL DISTRICT FOR THE :K CHILD AND ADULT CARE FOOD PROGRAM ion Agreement ("Agreement") is entered into by and be- :i, a Texas home rule municipal corporation ("City"), ~=d City Manager ("City Manager") or the City Manager's sti Independent School District ("District"), acting ,erintendent or the Superintendent's designee, for pur- ~mental Cooperation Act, Government Code, Chap- 'e efficiency in meeting intergovernmental responsibili- WHEREAS, the City is ~ponsoring the Child and Adult Care Food Program, a federally-funded and state-administered program to provide after school snacks to school-age children at approved after school program sites, from October 1, 2003, through May 27, 2004; and, WHEREAS, the District~ agrees to provide unitized snack-sized meals, inclusive of milk or juice, to City for a fixed fee. NOW, THEREFORE, the City and District, in consideration of the mutual cove- nants contained herein, agreei as follows: Section 1. Term. This Agreement begins October 1, 2003, and continues through May 27, 2004. Section 2. Consideration. The City shall pay the District $.53 per snack-sized meal ("Snack" or "Snacks") provided to City by the District. The District will maintain its food service operation at its facilityl which will be utilized for the preparation and packaging of the Snacks, during the term of this Agreement. Section 3. Nutrition Assurapces. The District shall ensure that each Snack will meet the minimum nutrition value a~d content requirements currently mandated and as may be hereafter promulgated by the Texas Department of Human Services for supplemental food components, in accordance with the Child and Adult Care Food Program - Child Care Center Regulations, which are incorporated in this Agreement by reference as if fully set out herein. Page I of 4 H \LEG-DIR/$HARED\VERONICA\DOY LE/CC[SD CACFP SNACK AGMTFY03-04 WPD Section 4. Record Keeping. (A) District must maintain full and accurate records which must include the following: (B) (1) Menu Records, which will include the amount of food prepared and which comply with the r, ;quirements described in the Child and Adult Care Food Program - Child ( ;are Center Regulations that are incorporated in this Agreement by rei erence; and (2) Snack Records, ~ type and which c, Adult Care Food porated in this A District must provide m City's Park and Recreal business days followin provided to City. ~hich will include the daily number of Snacks delivered by )mply with the requirements described in the Child and Program - Child Care Center Regulations that are incor- reement by reference. ~thly reports of Menu Records and Snack Records to the on Director of Programs, or designee, within ten (10) the end of the preceding month in which Snacks were (c) District must make all r~cords and accounts pertaining to the Child and Adult Care Food Program available to representatives of the U.S. Department of Agriculture, the U.S. General Accounting Office, or the Texas Department of Human Services for audit and administrative review at a reasonable time and place. (D) District must retain the Menu Records and Snack Records for three (3) years plus ninety (90) days following the termination of this Agreement, or so long as an audit of the Menu RecOrds, Snack Records, or both, is in progress. Section 5. Program Coordination. The City's Park and Recreation Director of Pro- grams or the Director of Prog~rams' designee, shall ,place a daily order with the District's Food Service Director, or the Food Service Director s des gnee, and must specify the number of Snacks needed by type, the sites at which the Snacks are needed, and the time by which the Snacks must arrive at each site. Section 6. Food Service Employees. The District's food service employees shall be responsible for transporting and delivering the Snacks to each site. The District's food service employees will continue to be District employees for the term of this Agreement and are, therefore, subject to ~he District's policies and regulations. The City's officers, employees, representatives, and agents shall not exercise any control nor supervision over District's food service employees at any time during the term of this Agreement. Section 7. Payment. The Dislrict shall invoice the City on a monthly basis for Snacks provided to the City by District. The City must pay the invoice within two Fridays after receipt of same. Section 8. Current Revenue. gram must be spent out of curr, Section 9. Governmental Se~ trict for the purpose of providin! and is not for the benefit of ar All money spent for the Child and Adult Care Food Pro- ;ntly available revenue of the City and District. vice. This Agreement is between the City and the Dis- I snacks at City-sponsored after school program sites third party or individual. Section 10. Non-AssignmenI. Neither this Agreement, nor any interest therein, is assignable or transferable, in v~hole or in part, directly or indirectly, without the prior consent of the City and the Di~rict; however, this Agreement is binding upon the parties to this Agreement and their relpective heirs, successors, and assigns. Section 11. Laws. Both the City and District shall comply with all applicable Federal, State, County, and local laws,prdinances, rules, and regulations pertaining to this Agreement and each party's r(~spective performance thereunder. Section 12. Modifications. ~,o changes or modifications to this Agreement may be made, nor any provision waiveo, unless made in writing and signed by persons autho- rized to sign agreements on behalf of each party. Section 13. Severance ClaUSe. If for any reason any section, paragraph, subdivision, clause, provision, phrase, or Word of this Agreement is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it does not effect any other section, paragraph subdivision, claus~, provision, phrase, or word of this Agreement, for it is the definite intent of this Agreement that every section, paragraph, subd v sion, clause, provision, phrase, or word hereof be given full force and effect for its purpose. Section 14. Entirety Clausei This Agreement and any documents incorporated by ref- erence constitute the entire agreement between the City and District. All other agree- ments, promises, and represe~ntations, unless contained in this Agreement, are ex- pressly revoked as the parties intend to provide for a complete understanding, within the provisions of this Agreement ~nd its incorporated documents, of the terms, conditions, promises, and covenants rela~ing to each party's agreed performance. FI \LEG-I)[R\Share~VERONIC^~DoyIcXCCISD CACFP Snack Ag~ltFY03_04 wpd Page 3 of 4 EXECUTED IN DUPLICATE, each of which shall be considered an original, on this the day of ,2003. ATTEST: Armando Chapa, City Secreta~ APPROVED ASTO LEGALF APPROVED: August 19, 2003 ClTY OFCORPUSCHRISTI George K. Noe; City Manager, or the City Manager's designee )RM this day of ,2003. Doyle D. Curtis Chief, Administrative Law SeCtion Senior Assistant City Attorney! For City Attorney ATTEST: By: ~ Name: i Title: i Date: , CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT Title: Date: APPROVED AS TO LEGAL FORM this By: /Randall M~reditl~ / ~ 'Attorney for Corpus Christi Independent School District day of ,2003. H \LEG-OIR/Shared\VERONICA~DoyleV~CISD CACFP S~k asmtFY03-04 wpd Page 4 of 4 8 AGENDA MEMORANDUM DATE: August 26, 2003 SUBJECT: RTA Bus Stop Mis (Project No. 6195' AGENDA ITEM: Motion authorizing the City Mar the amount of $100,017 with B~ Street Improvements, Phase 2A ISSUE: The City and RTA improvements are required. :ellaneous Street Improvements, Phase 2A ~ger, or his designee, to award a construction contract in rcom Commercial for the RTA Bus Stop Miscellaneous ~ave identified various City streets where bus stop FUNDING: Funds to finance the project are available in the FY 2002-2003 Street Capital Improvement Budget. RECOMMENDATION: Staff recpmmends approval of the motion as presented. ¢ ~g~l 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:~US E RS2~H OM E~VE LMAR~G E N~STREET~6195'~,G E N DA MEMO BACKGROUND INFORMATION SUBJECT: Regional Transportation Authority (RTA) Miscellaneous Street Improvements, Phase 2 (Project No. 6114) PRIOR COUNCIL ACTION: 1. July 13, 1999 - Apprev~l of an Interlocal Governmental Agreement with the Regional Transportation Authority (RTA) for street improvement purposes (Resolution No. 023693' July 13, 1999 - Ordinance Authority in the No. 35301 Street Improvement Prog FY 1998-99 Capital Bud~ Projects Fund; and decla appropriating $500,000 from the Regional Transportation ~treet Capital Projects Fund for the Special Projects 1999 'am; amending Ordinance No. 023474, which adopted the let, by adding $500,000 to the No. 3530 Street Capital 'ing an emergency (Ordinance No. 023694). 3. May 9, 2000 - Motion aathorizing the City Manager, or his designee, to execute engineering services conlract with Shiner, Moseley & Associates, Inc. in the amount of $49,090 for the Regional Transportation Authority Miscellaneous Street Improvements (Motion NO. M2000-134). 4. April 17, 2001 - ResolUtion authorizing the City Manager, or his designee, to execute an Intedocal Go~vernmental 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 - Ordinancelappropriating $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 ClP Fund; and declaring an emergency (Ordinance No. 024436). 6. May 15, 2001 - Ordinance appropriating $331,625 from the Regional Transportation Authority in the No. 3530 Street Bond Fund for the Special Projects 2000 Street Improvement Program; amending the FY 00-01 Capital Budget adopted by Ordinance No. 024162 by adding $331,625 to the Street ClP Fund; and declaring an emergency (Ordinance No. 024454). 7. 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). 8. June 25, 2002 - Ordinance appropriating $500,000 into the Street ClP 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 City Manager, or his designee, to execute Amendment No. 3 to the Consultant Contract with Shiner, Moseley & EXHIBIT "A" i Page 1 of 3 H:IUSERS2\HO M E\VELMA R\GE N~TREET~6195~AGENDA BACKGROUND 10. Associates, Inc. for a fee not to exceed $52,020, for a total re-stated fee of $158,870, for the RTA Miscellaneous Street Improvements Project (Motion No. M2003-077). Jthorizing the City Manager, or his designee, to award a lhe amount of $113,667.49 with Third Coast General us Stop Miscellaneous Street Improvements, Phase 2 at April 29, 2003 - Motion a construction contract in Contractors for the RTA E the following sites (Motio~ Leopard at · Leopard at · Leopard at · Leopard at PRIOR ADMINISTRATIVE APP Au.qust 19, 2002 - E~ Consultant Services with $16,000 for the Regional Street Improvements. February 18, 2003 - Exe( amount of $8,670 for a ' Moseley & Associates, In, 2A. March 17, 2003 - Exec~ Architect/Engineer ConsL to exceed $2,400, for a t( Transportation Authority May 20, 2003 - Execut( Architect/Engineer Cons[ to exceed $16,000, for a 1 Transportation Authority ~,No. M2003-162): ~tillman Jamison Nestchester (ennedy ROVAL: ecuted Small A/E Agreement for Architect/Engineer Felix H. Ocanas, Jr., P. E. for a total fee not to exceed Transportation Authority (RTA) Bus Stop Miscellaneous :uted Amendment No. 2 to the Consultant Contract in the otal re-stated fee not to exceed $106,850 with Shiner, for the RTA Miscellaneous Street Improvements, Phase ted Amendment No. 1 to the Small NE Agreement for Itant Services with Felix H. Ocanas, Jr., P. E. for a fee not tal re-stated fee not to exceed $18,400, for the Regional RTA) Bus Stop Miscellaneous Street Improvements. d Amendment No. 2 to the Small NE Agreement for Itant Services with Felix H. Ocanas, Jr., P. E. for a fee not ~tal re-stated fee not to exceed $34,400, for the Regional 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. PROJECT BACKGROUND: JUly 13, 1999 the City of Corpus Christi entered into an Interlocal Governmental Agreement with the Regional Transportation Authority (RTA) for street improvement purposes. The proposed project consists of improvements to the intersection of Santa Fe and Morgan Avenue to allow a wider turning radius for south bound buses turning right onto Morgan Avenue. The Regional Transportation Authority (RTA) recently announced the arrival of four (4) 35-foot long 2003 Opus Bus Fleet due to H:\U SERS2~HO ME'VEL MA R\GE N\STRE ET~ 195~,GENDA B,~CKGROUND EXHIBIT "A" ] Page 2 of 3 arrive in the Fall 2003. These buses are longer than the 30-foot Opus Bus vehicles now in operation and offer full ADA compliance. As a result, the intersection along this bus route will be ready for the longer wheel base bus vehicles to reduce the intrusion into the opposing lane of traffic on Morgan Avenue. PROJECT DESCRIPTION: The proposed project consists of minor demolition and construction of a new bus pad, s~idewalk, curb and gutter, and ADA ramps and relocation of a traffic signal pole at the intersection of Santa Fe and Morgan Avenue, in accordance with the plans, specifications, and c~bntract documents. BID INFORMATION: The CitY ~received proposals from three (3) bidders on August 13, 2003. See Exhibit "C" Bid Tabqlation. The bids range from $100,017 to $136,640. The Engineer's estimated constructlon cost for the project is $109,306. The City's Consultant, Shiner, I~oseley & Associates, and City staff recommend that based on Iow Total Base Bid and past ~atisfactory experience, the Total Base Bid be awarded in the amount of $100 017 to Bai'com Commercial of Corpus Christi, Texas for the RTA Miscellaneous Street Improverrlents, Phase 2A. CONTRACT TERMS: The contract specifies that the project will be completed in 45 calendar days, with completion anticipated by mid-November 2003. FUNDING: Funds for this pr~)Ject are available in the FY 2002-2003 Street Capital Improvement Budget and are Contributed by the RTA for miscellaneous street projects where bus stop improvements are necessary. EXHIBIT "A" Page 3 of 3 H:\USERS2~HOME~VELMA~GEN~TREE~195'~GENDA BACKGROUND RT,~, BUS STOP MISCELLANEOUS STREET IMPROVEMENTS, PHASE 2A Santa Fe at Morga Avenue (Project No. 6195) PROJECT BUDGET August 26, 2003 FUNDS AVAILABLE: FY 2000-2001 RTA ...................................................................... FUNDS REQUIRED: Construction (Barcom Commer(iai) ................................................ Contingencies (10%) ................................................................... Consultant (Shiner, Moseley & ,ssociates) ....................................... Consultant (Felix H. Ocanas, Jr ................................................... Major Projects Activity ................................................................. Land Acquisition Activity .......... i ..................................................... Construction Inspection ........... ~ .................................................... Texas Dept. of Licensing and R~gulat[on .......................................... Incidentals (Printing, Advertisin~l) ................................................... Total ....................................................................................... $134,053.66 $100,017.00 10,000.00 8,670.00 1,066.66 3,500.00 4,000.00 5,300.00 500.00 1,000.00 $134,053.66 Page I of I TABULATION OF BIDS DEPARTMENT OF ENGINEERING -CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Angel R. Escobar, P.E. Director of Engineering Services ENGINEER'S ESTIMATE: $109,306 Dare: a„n„or vz 9nna TIME OF COMPLETION: 45 CALENDAR DAYS ` Errors in mathematical calculations, totals corrected v 1° x W = N W o � �ri a RTA BUS STOP MISCELLANEOUS STREET IMPROVEMENTS -PHASE 2A' (Project No. 6195) 1 Remove existing asphalt pavement, 240 Sy $ 27.00 $ 6,480.00 $ 27.65 $ 6,636.00 $ 16.00 $ 3,840.00 complete in place per -$Y 2 Remove existing curb/gutter, 256 LF $ 3.00 $ 768.00 $ 6.46 $ 1,653.76 $ 7.50 $ 1,920.00 complete in place per LE 3 Remove existing concrete sidewalk, 1230 SF $ 4.50 $ 5,535.00 $ 1.53 $ 1,881.90 $ 2.50 $ 3,075.00 complete in place per Remove existing sidewalk perimeter wall with 160 LF $ 4.50 $ 720.00 $ 17.44 $ 2,790.40 $ 9.00 $ 1,440.00 step, complete in place per LE 5 Remove existing storm curb inlet, 1 EA $ 250.00 $ 250.00 $ 1,089.00 $ 1,089.00 $ 500.00 $ 500.00 complete in place per LA 6 F74 New 6" curb/gutter, 238 LF $ 6.50 $ 1,547.00 $ 27.18 $ 6,468.84 $ 45.00 $ 10,710.00 complete in place per LF New conc. sidewalk/curb ramps/shelter 1343 SF $ 12.50 $ 16,787.50 $ 11.57 $ 15,538.51 $ 20.00 $ 26,860.00 pad, complete in place per SE 8 New perimeter curb at sidewalk/shelter pad, 80 LF $ 6.25 $ 500.00 $ 15.21 $ 1,216.80 $ 15.00 $ 1,200.00 complete in place per LF concrete pavement, 100 Sy $ 70.88 $ 7,088.00 $ 146.92 $ 14,692.00 $ 120.00 $ 12,000.00 complete in place per $y New asphalt pavement, 145 LF $ 54.00 $ 7,830.00 $ 74.87 $ 10,856.15 $ 105.00 $ 15,225.00 complete in place per F12New New storm inlet, complete in place per ]-=A 1 EA $ 2,319.00 $ 2,319.00 $ 2,689.00E120 $ 1,600.00 $ 1,600.00 15" RCP (with backfill), 6 LF $ 47.50 $ 285.00 $ 108.3398 $ 225.00 $ 1,350.00 complete in place LE Pavement markings, 1530 SF $ 10.35 $ 15,835.50 $ 9.0000 $ 14.00 $ 21,420.00 complete in place per $E 14 Traffic signal pole relocation, with related demolition, 1 LS $ 12,391.00 $ 12,391.00 $ 10,775.0000 $ 16,750.00 $ 16,750.00 wring,and ground box, complete in place per15 Traffic control and Barricading, 1 LS $ 6,900.00 $ 6,900.00$ 6,066.0000 $ 5,750.00 $ 5,750.00 complete in place per L$16 Water main relocation, 1 LS $ 14,781.00 $ 14,781.00 $ 18,738.0000 $ 13,000.00 $ 13,000.00 complete in place per3C ` Errors in mathematical calculations, totals corrected v 1° x W = N W o � �ri \ Mpro~ect \ councilexhibits \ exh619 5.dwg LOCATION MAP NOT TO SCALE PROJECT No. 6195 EXHIB£T "D" CITY COUNCIL EXHIBIT ~ RTA BUS STOP MISCELLANEOUS STREET OrPART~r~T Or E~;~~E£R~~; S£~WC£S ~MPROVEMENTS, PHASE 2A PAGE: I ol= I I CITY OF CORPUS CHRIS~I, TEXAS DATE: 08-20-2003 ~:~ 9 AGENDA ITEM: Resolution authorizing the City M Project Advanced Funding Agreen system) for landscaping S.H. 44 at responsibilities. ISSUE: Council approval of a Funding Agreement is necessa~ of funding for this landscaping I: of S. H. 44 at International Drive Christi International Airport. FUNDING: The Texas Depart~ $160,000 necessary to fund the has agreed to provide additiom will not provide any funds for project completion. Corpus maintenance responsibility begi~ CITY COUNCIL ENDA MEMORANDUM City Council Action Date: September 23, 2003 ~nager, or his designee, to execute a Local Transportation ~ent for Voluntary Transportation Improvement Projects (on- International Drive with no local match but with maintenance resolution authorizing the execution of the Advanced y for the Highway Commission to authorize the release roject. This project will landscape the state right of way to beautify and complement the entrance to the Corpus nent of Transportation has committed to provide the construction of the landscaping improvements. TxDOT ~1 funds should the project exceed $160,000. The City :onstruction or for maintenance the first year following Christi International Airport has agreed to assume ~ning with the second year after project completion. CONCLUSION AND RECOMMENDATION: Approval of the resolution as presented. 'Angel R. Escobar, P.E. Director, Engineering Services Dave Hamrick Director, Aviation Attachments: Exhibit A: Back(~round Information Exhibit B: Location Map C:\DOCUME~I\User\LOCALS~I \Temp\9-23-03AgendaMemoAdvFunding,doc AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: TxDOT AdvancedI Funding Agreement S. H. 44 at International Drive--Landscaping Improvements Project No. 1087! BACKGROUND: The Texas Department of Tral Highway Commission Minute O~ improvements within state right. The Corpus Christi Internatior International Drive that forms th within the S.H. 44 state right-o leading to International Drive. ~sportation Green Ribbon Program (GRP) approved by der 108067 provides $160,000 in funding for landscaping of-way. al Airport is funding landscaping improvements along main access to the Airport. The proposed landscaping ~-way complements and beautifies the under pass area PRIOR ADMINISTRATIVE ACTION: 1. April 30, 2001 - Architectural services contract with Robert Gignac Landscape Architect. ACTION TAKEN: TxDOT requests the Advanced Funding Agreement be executed before October 27, 2003 to meet a February, 2004 letting schedule. FUNDING: TxDOT will obligate construction funds, in the event funds are insufficient to cover the cost of construction, the state agre~es to pay the additional funds necessary to cover the additional cost. In addition, TxI~OT will maintain the improvements for a one-year period after the improvements are completed. The Corpus Christi International Airport is required to maintain the landscaping improvements. AGREEMENT: The City is responsible for all labor, equipment, materials, water and incidentals to provide maintenance for healthy and attractive condition of Plants, Landscape and Irrigation System Operation as required by TxDOT policy and in accordance with the Roadside Vegetation Management Manual and per Attachment A of the Advanced Funding Agreement. TxDOT agrees to obligate the funds totalling $160,000 for the landscaping improvements and agrees to allow the City to utilize the right-of-way for landscaping and maintenance. TxDOT will be responsible for letting the contract and managing the actual construction. Exhbit A Page 1 of 1 C:\DOCU ME- 1\User, LOCALS- 1\Temp\9-23-03Agenda BkgExhA.doc ,ue r 0 K E:1 R LOCATI CITY PROJECT No. 1087 E� Son Potricio County coot Nz Y ua IO IH 37 CORPUS le CHRISTI z INTERNATIONAL AIRPORT LOCATION MAP NOT TO SCALE SH 44 @ INTERNATIONAL DR LANDSCAPING PROJECT CITY OF CORPUS CHRIST, TEXAS NUECES BAY CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 _ DATE: 09-17-2003 �`� CS J: 0102-01-093 Project Numbe~. C 102-1-93 County: Nuecas Location: SH 44 ADVANCE FUNDING AGREEMENT FOR VOLUNTARY TRANSPORTATION IMPROVEMENT PROJECTS (ON-SYSTEM) THE STATE OF TEXAS THE COUNTY' OF TRAVIS ~ i THIS AGREEMENT IS MADE BY AND ~BETWEEN the State of Texas, acting through the Texas Department of Transportation, hereinafter called the State, and the City of Corpus Christi, acting by and through it's duly authorized officialsl hereinafter called the Local Government. I WITNESSETH WHEREAS, Transportation Code, ChaPter 201 and Transportation Code, Chapter 221 authorizes the State to lay out, construct, maintain, iand operate a system of streets, roads, and highways that comprise the State Highway System; anid, WHEREAS, Commission Minute Order Number 108067, 108615 authorizes the State to undertake and complete a highway improvement generally described as Landscaping; and, WHEREAS, the Local Government has requested that the State allowthe Local Government to participate in said improvement described as landscape improvements, hereinafter called the "Project"; and, WHEREAS, the State has determined tltat such participation is in the best interest of the citizens of the State; NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, the State and the Local Government do agree as follows: AGREEMENT Article 1. Time Period Covered This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed, and the State and the Local Government will consider it to be in full force and effect until the Project described herein has been completed and accepted by all parties or unless terminated, as hereinafter provided. Article 2. Project Funding and Work Responsibilities The State will authorize the performance of only those Project items of work which the Local Government has requested and has agreed to pay for as described in Attachment A, Payment Provision and Work Responsibilities which is attached to and made a part of this contract. Revised 1114103 Page 1 of 8 In addition to identifying those items of Work paid for by payments to the State, Attachment A Payment Prov s on and Work Responsibilities, also specifies those Project items of work that are the responsibility of the Local Government and will be carried out and completed by the Local Govemment, at no cost to the State. Texas Government Code, Chapter 210( this agreement as calculated based on Recovery Program. Article 3. Right of Access If the Local Government is the owner of permit the State or its authorized repres to execute the work. The Local Govern adjustments needed for performance of Article 4. Responsibilities of the Parl The Local Government acknowledges . requires the State to recover indirect costs associated with )revailing rates specified in the State's Indirect Cost any part of the Project site, the Local Government shall entative access to the site to perform any activities required nent will provide for all necessary right-of-way and utility the work on sites not owned or to be acquired by the State. while it is not an agent, servant, nor employee of the State, it is responsible for its own acts nd deeds and for those of its agents or employees during the performance of the work on the Project. l Article 5. Document and Information The Local Government agrees to electr~ contract provision requirements and rel~ document. If requested by the Sta~e, th The Local Government shall also provi¢ activities and month in the format requir entity creates the documents with its oW :xchange )nically deliver to the State all general notes, specifications, ited documentation in a Microsoft® Word or similar Local Government will use the State's document template. a detailed construction time estimate including types of ~d by the State. This requirement applies whether the local forces or by hiring a consultant or professional provider. Article 6. Interest The State will not pay interest on funds provided by the Local Government if funding is required by the Local Government in this agreeme~. FUnds provided by the Local Government will be deposited into, and retained in, the State Treasury. Article 7. Inspection and Conduct of ~Nork Unless otherwise specifically stated in Attachment A, Payment Provision and Work Responsibilities, to this contract, the State will supervise iand inspect all work performed hereunder and provide such engineering inspection and testing servlces as may be required to ensure that the Project is accomplished in accordance with the approved plans and specifications. All correspondence and instructions to the contractor performing the work will be the sole responsibility of the State. Unless otherwise specifically stated in Attachment A to this contract, all work will be performed in accordance with the Standard Specifications for Construction and Maintenance of Highways, Streets, and Brfdges adopted by the State and incorporated herein by reference, or special specifications approved by the State. Revised 1/14/03 Page 2 of 8 Article 8. Increased Costs In the event it is determined that the construction funding for the Project will be insufficient to cover the cost of the Project, the State will [DaF the additional funds necessary to cover the anticipated additional cost. If there is a fixed price agreement as specified in Attachment A, Payment Provision and Work Responsibilities, this provision shall only apply in the event changed site conditions are discovered or as mutually agreed upon! by the State and the Local Government. If any existing or future local ordinanceS, including, but not limited to, outdoor advertising billboards or storm water drainage facility requirerpents, are more restrictive than State or Federal Regulations, or any other locally proposed changes, lincluding, but not limited to plats or replats result in increased costs, then, any increased cests associated with the ordinances or changes will be paid by the Local Government. The cost of pro,~iding such right of way acquired by the State shall mean the total expenses in acquiring the property interests either through negotiations or eminent domain proceedings, including expenses related to relocation, removal, or adjustment of eligible utilities. Article 9. Maintenance Upon completion of the Project, the State will assume responsibility for the maintenance of the completed Project unless otherwise specified in Attachment A to this agreement. Article 10. Termination This agreement may be terminated in the following manner: · by mutual written agreement and consent of both parties; · by either party upon the failul'e of the other party to fulfill the obligations set forth herein; · by the State if it determines that the performance of the Project is not in the best interest of the State. If the contract is terminated in accordance with the above provisions, the Local Government will be responsible for the payment of Project costs incurred by the State on behalf of the Local Government up to the time of termination. A. In the event the State determines that additional funding is required by the Local Government at any time during the development of the Project, the State will notify the Local Government in writing. The Local Government will make payment to the State within thirty (30) days from receipt of the State's written notification. B. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due to the Local Govemment, the State, or the Federal Government will be promptly paid by the owing party. C. In the event the Project is not Completed, the State may seek reimbursement from the Local Government of the expended funds. The Local Government will remit the required funds to the State within sixty (60) days from receipt of the State's notification. D.The State will not pay interest 0n any funds provided by the Local Government. E. The State will not execute the Contract for the construction of the Project until the required funding has been made available by the Local Government in accordance with this Agreement. Revised 11~14/03 Page 3 of 8 11. Notices All notices to either party by the other required under this agreement shall be delivered personally or sent by certified or U.S. mail, postag~ prepaid or sent by electronic mail, (electronic notice being perm tted to the extent permitted by law but only after a separate written consent of the parties), addressed to such party at the following addresses: State: Texas Depan Attn: District P.O. Box 99C Corpus Chris Local Government: City of Corpu Attn: City M~ P.O. Box 927 Corpus Chris Ail notices shall be deemed given on the othen~ise provided herein. Either party the change to the other party. Either pa personally or by certified U.S. mail and ~ party. merit of Transportation Engineer 7 :i, TX 78469-9907 Christi nager TX 78469 ~ date so delivered or so deposited in the mail, unless may change the above address by sending written notice of 17 may request in writing that such notices shall delivered ~uch request shall be honored and carried out by the other Article 12. Sole Agreement In the event the terms of the agreement are in conflict with the provisions of any other existing agreements between the Local Governr~ent and the State, the latest agreement shall take precedence over the other agreements ~n matters related to the Project. Article 13. Successors and Assigns, The State and the Local Government e~ch binds itself, its successors, executors, assigns, and administrators to the other party to this ~agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this agreement. Article 14. Amendments By mutual written consent of the partieS, this contract may be amended prior to its expiration. Article 15. Signatory Warranty The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party they represent. IN WITNESS WHEREOF, THE STATEiAND THE LOCAL GOVERNMENT have executed duplicate counterparts to effectuate this agreement. Revised 1/14/03 Page 4 of 8 THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or Carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By ~ Date David B Casteel, P.E. District Engineer THE LOCAL GOVERNMENT Name of the Local Government City ol By Typed or Printed Name and Title Geor city Corpus Christi Date le K. (Skip) Noe lanaRer Revised 1114103 Page 5 of 8 Attachment A 'Payment Provision and Work Responsibilities · Payment Provision The total estimated engineering and c( in an amount not to exceed $160,000.( contracted agreements for the Project. after State contract for installation and The State will make recommendation for the Project as follows: If, the cumulative total of the Iowe order to insure that available State any or all bid(s). ,nstruction cost of the Project is $160,000.00. State funds 0 will be utilized to authorize the performance for The Local Government's contribution is site maintenance one (1) year of maintenance is complete. f award for the bid(s) received for contracted agreements ~t bid(s) exceeds the State obligated amount, the State, in funds are not exceeded, and at its sole option, may reject 2. If, the cumulative total of the Iowesi bid(s) does not exceed the State obligated amount, the State will recommend award of the bid(s). The State will not contract services in excess of the quantity shown in the Project Design Plan to insure the full amount of State funds obligated for this Project is expended. Work Responsibilities A. Local Government agrees to: 1. Verify location of all utilities~ within Project area. Utility considerations shall include but not limited to the following: gas, water, electricity, fiber optics, telephone, signals, lighting, sanitary sewer, etC. 2. Furnish all labor, equipment, materials, and incidentals to provide for maintenance activities that shall include but not be limited to the following: Plant Maintenance For the work of plant maintenance, all reasonable means shall be employed to preserve the plants and vegetative material existing within the Project limits in a healthy and vigorous growing condition. The plant maintenance activity shall include but not be limited to the following: (1) Provide vegetative watering of plant material. If an automatic irrigation system is present, see irrigation system operation and maintenance below. (2) Plant bed and basin maintenance including shaping, weed control, mulch layer, and ring construction. (3) Plant replacement. (4) Insect, Disease, and Animal Control. Revised 1/14/03 Page 6 of 8 (5) Fertilizing. (6) Mowing and Trimming. (7) Restaking, Reguying, Rebracing and/or Removal of Staking, Guying, and Bracing. (8) Pruning. (9) Litter pick-up. Landscape Maintenance For the work of landscape m~intenance, all reasonable means shall be employed to preserve the landscape sche)rne existing within the Project limits in a healthy and attractive condition. The lan(~s(scape maintenance act vity shall include but not be limited to the following: (1) Mowing the entire length pf the Project area - 2 cycles per month from March through October; 1 cycle per month from November through February. (2) Tdmming around all strUctures and hard surfaces on same cycle(s) as mowing cycle(s) stated above. M{ust keep all string trimmers out of plant basins. (3) Litter pick-up once a month, or if possible, right before each mowing cycle. (4) Plant basin maintenance', weed control - keep plant basins free of weeds. No string trimmers to be used near plants. A minimum 4' mulch layer around all trees and shrubs should be maintained. Irrigation System Operation ~nd Maintenance Permanent irrigation system operation and maintenance shall include, but not be limited to water, monitoring, adjustment, repair, and proper operation of the existing irrigation system as required to insure adequate moisture to the plant material existing on the site. All replacement parts shall be of the same type and manufacturer as originally installed. Substitute parts may be alloWed with the approval of the State prior to replacement. The Local Government will provide water at the Project site, with the water tap/meter installation applied for in the name of the Local Government. Upon completion of the installation phase of the Project, the Local Government will continue to provide the water for the developed area. The Local Government shall monitor and repair any damage to signs, plants and structure that may result from vandalism or other cause of damage to the developed area. All replacement items shall be of the same type as originally installed. 5. The erection of signs other than those required for proper use of the area will be prohibited. All signs shall be approved by the State prior to the actual erection. State agrees to: 1. Allow Local Government and its agent(s) to utilize the right-of-way for all aspects of the Project described in this Agreement. 2. Obligate State funds in the amount of $160,000.00, which will be utilized to authorize the performance of contracted agreements for the Project in accordance with the Project Revised 1114/03 Page 7 of 8 design plan. 3. Coordinate with Local Gove[nment landscape maintenance operations consistent with District policy and the RoadSide Vegetation Management Manual. 4. Perform review and insp~ctions to ensure that installation and maintenance is accomplished in accordanc~ with the approved plans and specifications. Revised 1/14/03 Page 8 of 8 RESOLUTION AUTHORIZING THE CITY~ MANAGER OR HIS DESIGNEE TO EXECUTE A LOCAL TRANSPORTATION PROJECT ADVANCED FUNDING AGREEMENT F~OR V~O.L. cUNTARY TRANSPORTATION IMPROVEMENT PROJECTS (ON SYSTEM) FOR LANDSCAPING S.H. 44 AT INTERNATIONAL I~RIVE WITH NO LOCAL MATCH BUT WITH MAINTENANCE RESPONSIBILITIES NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Manager or I~is designee is authorized to execute a Local Transportation Project Advanced Funding Agreement for Voluntary Transportation Improvement Projects (on-system) for landscaping S.H. 44 at International Drive with no local match but with maintenance responsibilities. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Samuel L. Neal, Jr. City Secretary Mayor APPROVED: /~DAY OF ~, 2003 /~l~n- P. Burke, Jr. '(/- ~(ssistant City Attorneyv For The City Attorney 10 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: Authorizing thc letter agreement with the U. S. ~ the City to execute an agreeme River Authority, City of Corpus Authority, and the Guadalupe-[ Feasibility Study. ISSUE: The US Army Corps of [ Nueces River basin, which identi' co-sponsors for these projects, City Council Action Date: September 23, 2003 City Manager, or the City Manager's Designee, to sign a ~rmy Corps of Engineers, Fort Worth District, committing ~t between the Department of the Army and the Nueces Christi, San Antonio Water System, San Antonio River llanco River Authority for the Nueces River Watershed ingineers (COE) completed a reconnaissance study of the ied 10 projects as being of COE interest. If the COE finds feasibility studies can be conducted to determine the viability of the projects. , Under Federal Rules, the COE ;~nd co-sponsors share the cost of the feasibility study on a 50-50 basis, if the project is dE termined to be feasible and a decision is made to execute the project, up to 65 percent of 1, he construction cost can be funded by the COE. All of the projects identified in th~reconnaissance study would be executed in the Nueces River Basin, and Nueces RiverAuthority, San Antonio Water System, San Antonio River Authority, and Guadalupe Blanch River Authority have expressed an interest in being co- sponsors on some or all of the p~rojects in the feasibility study. The City has an interest in the outcome of the feasibility stu~dies. Accordingly, the City has met with the COE and the other co-sponsors to narrow the list of priority projects and to develop the Project Management Plan and the Federal Cost Share Agreement. The FCSA agreement specifies tJhe obligations of the parties in terms of the share of costs, method of payment, study m~nagement and coordination, settlement of disputes termination and suspension an~l other issues. COE policy requires all co-sponsors of corps projects to utilize standardlzed verbiage in their cost-share agreements from a COE FCSA template. The draft FCSA attached represents the proposed agreement developed from the template wording by the COE regional office and the co-sponsors to reflect each sponsor's needs. The COE is requesting the City provide acknowledgement that the City intends to sign the Federal Cos~t-Sharing Agreement document, as drafted jointly, once approved by COE in Washington Headquarters. FUNDING: The total project is currently estimated to cost $10M and take 4-5 years to complete. For those projects that are studied, the COE will pay 50 percent of the feasibility study costs and the co-sponsors ~vill share the cost of the other 50 percent of the feasibility study costs. It is estimated that the City's share of the total cost of the feasibility study will be $1.7M or 17 percent, if all six Studies are taken to completion. The agreement is written so that an individual study can be terminated prior to completion. The total project cost may be decreased if other fundir~g sources or study results, such as work products from the Governor's initiative, Padre!Island desalination project, and -I-WDB regional water planning studies, can be applied to the feasibility effort. The first phase of the feasibility study will include public participation workshops, resource agency coordination and the evaluation of off-channel reservoirs, a two way pipeline, and reservoir yield modeling. The project cost for the first fiscal year for the City is estimated at this time to be $105,000. FUTURE COUNCIL ACTION: Appropriation of approximately $105,000 to fund the first- year of the feasibility study when ~he final agreement is ready for approval in approximately 60 days. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the attached resolution. Ronald F~ Assistant City Manager Attachments BACKGROUND INFORMATION Under Section 205, the US Art preliminary examinations and st Federal objectives of National E benefits that accrue in the planni~ (Section 206) is a co-equal Fed~ In accordance with that authorit Nueces River Basin in August, studies should be performed or The projects identified by the C( ly Corps of Engineers (COE) is authorized to perform rveys for flood control. The COE also contributes to the ~-onomic Development (NED) which provides direct net ~g area and the rest of the nation. Ecosystem Restoration ;ral objective for the Corps of Engineers. the COE completed a reconnaissance level study of the !002. The study concluded that more detailed feasibility ten projects. )E reconnaissance study were: · Flooding downstream of Lak ~ Corpus Christi and throughout the Nueces Basin · Recharge enhancement · Cotulla diversion projects to '~nhance storage in LCC/CCR system · Two-way pipe project to enh ~nce storage in LCC/CCR system · Desalination · Treated effluent placement i~ Nueces Delta · Water quality in Choke Can~on reservoir · Stream restoration in the upper Nueces Basin · Brush management · Exotic aquatic plant removall Of these projects, six were chosen to continue into the feasibility phase. A Draft Project Management Plan (PMP) has b~en developed to complete these studies in the next 4-5 years. The projects selected four further study are: -Cotulla diversion -Two-way pipe with off-channel ~storage -Desalination -Recharge enhancement projedts -Wastewater diversions to the Nueces River Delta (Treated effluent placement) -Brush Control Each of these projects is mentioned in the Regional Water Plan as a way to optimize our watershed, create drought-prOof supplies, or demonstrate environmental benefits to Coastal Bend Bays and Estuaries. Partnering with the Corps and Co-sponsors allows the City to be an active participant im matters affecting the Nueces River Basin, while sharing the costs of feasibility studies and construction. Total Approximate Project Cost and Co-sponsor Share 4-5 Year Timeline San Antonio 25.6% $2,560,000 Water System ~ City of Corpus ], 17.0%$1,700,000 Christi Nueces River 4.40% $440,000 Authority San Antonio = 2.00% $200,000 River Authority Guadalupe 1.00% $100,000 Blanco River Authority Total Sponsor50.00% $5,000,000 Share USACOE Sham 50.00% $5,000,000 Total $10,000,000 9/10/03 DRAFT AGREEMENT BETWEEN THE DEPARTMENT OF THE ARMY SAN SAN ~ AND THE GUA FOR THE NUECES THIS AGREEMENT is entered int, between the Department of the Am Engineer executing this Agreement Executive Director signing this Ag~ City Manager signing this Agreem~ the PresidentYChief Executive Offi( (SARA) represented by the Gener~ River Authority (GBRA) represent~ AND ~[UECES RIVER AUTHORITY, TY OF CORPUS CHRISTI, ANTONIO WATER SYSTEM, NTONIO RIVER AUTHORITY, )ALUPE-BLANCO RIVER AUTHORITY RIVER WATERSHED FEASIBILITY STUDY this day, of ,200, by and y (hereinafter the "Govemment"), represented by the District and the Nueces River Authority (NRA) represented by the cement, the City of Corpus Christi (City) represented by the nt, the San Antonio Water System (SAWS) represented by er signing this Agreement, the San Antonio River Authority Manager signing this Agreement, and the Guadalupe-Blanco :d by the General Manager signing this Agreement, WITNESSETH, that WHEREAS, the Congress (Senate ~nd House Committees) has authorized the Secretary of the Army, based on the Flood ControllAct of 1936 (Public Law 34-738), dated June 22, 1936, to conduct a study ofoppommities~o reduce the recurring flood damages along the Nueces River and its tributaries and other purposes including ecosystem restoration and water supply pursuant to specific appropriation language ~n the 2002 Conference Report; and WHEREAS, the U.S. Army Corps opportunities for flood damage red~ Nueces River and tributaries publis December 2002, pursuant to this ar a "Feasibility Phase Study" (hereim authority and to assess the extent o: identified problem; and )f Engineers has conducted a reconnaissance study of ~ction, ecosystem restoration and water supply along the aed as the Nueces River Basin Reconnaissance Study, thority, and has determined that further study in the nature of .fter the "Study") is required to fulfill the intent of the study 'the Federal interest in participating in a solution to the WHEREAS, Section 105 of the W~ter Resources Development Act of 1986 (Public Law 99-662, as amended) specifies the cost sharing requirements applicable to the Study; WHEREAS, the Sponsors has have the authority and capability to fumish the cooperation hereinafter set forth and is are willing to participate in study cost sharing and financing in accordance with the terms of this Agreement; and WHEREAS, the Sponsor and the Govermnent understand that entering into this Agreement in no way obligates either ?m-'ty the Sponsors or the Government to agree to or to implement a project and that whether the Govermnent s~pports a project authorization and budgets it for implementation depends upon, amOng other things, the outcome of the Study and whether the proposed solution is consistent with the Economic and Environmental Principles and Guidelines for Water and Related Land ResourCes Implementation Studies and with the budget priorities of the Administration; NOW THEREFORE, the parties agree as follows: ARTICLE I - DEFINITIONS For the purposes of this Agreementi A. The term "Study Costs" shall mean all disbursements by the Government pursuant to this Agreement, from Federal appropriations or fxom funds made available to the Government by the Sponsors, and all negotiated costs (lfwork performed by the Sponsors pursuant to this Agreement. Study Costs shall incl~tde, but not be limited to: labor charges; direct costs; overhead expenses; supervision and administration costs; the costs of participation in Study Management and Coordination in a~ecordance with Article IV of this Agreement; the costs of contracts with third parties, includil~g termination or suspension charges; and any termination or suspension costs (ordinarily defined as those costs necessary to terminate ongoing contracts or obligations and to properly safeguard the work already accomplished) associated with this Agreement. B. The term "estimated Study Costs" shall mean the estimated cost of performing the Study as of the effective date of this Agreement, as specified in Article IlI.A. of this Agreement. C. The term "excess Study Costs" shall mean Study Costs that exceed the estimated Study Costs and that do not result from mu?.:a! ,greement of the parties, a change in Federal law that increases the cost of the Study, or a change in the scope of the Study requested by the Sponsors. D. The term "study period" shall mean the time period for conducting the Study, commencing with the release to the U.S. Army Corps of Engineers, Fort Worth, District of initial Federal feasibility funds following the execution of this Agreement and ending when the Assistant Secretary of the Army (Civil WorkS) submits the feasibility report to the Office of Management and Budget (OMB) for review for consistency with the policies and programs of the President. E. The term "PMP" shall mean the Project Management Plan, which is attached to this Agreement and which shall not be considered binding on cither any party and is subject to change by the Government, in consultation with the Sponsors. F. The term "negotiated costs" shall mean the costs of in-kind services to be provided by the Sponsors in accordance with the PMP. G. The term "fiscal year" shall mean one fiscal year of the Government. The Government fiscal year begins on October 1 and ends on September 30. 2 ARTICLE II - OBLIGATIONS OF PARTIES A. The Government, using funds a appropriated by the Congress of the Study, in accordance with the provi policies. B. In accordance with this Article Sponsors shall contribute cash and other than excess Study Costs. The City-approximately 17.00% in casl SAWS-approximately 25.60% in c~ SARA-approximately 2.00% in cas ad in-kind services provided by the Sponsors and funds United States, shall expeditiously prosecute and complete the dons of this Agreement and Federal laws, regulations, and aad Article m.A., mB. and III.C. of this Agreement, the n-kind services equal to fifty (50) pement of Study Costs amount each Sponsor is expected to contribute is as follows: and in-kind services; ~h and in-kind services; and in-kind services; GBRA-approximately 1.00% in ca4h and in-kind services; and NRA- in kind services valued at $9 approximately 4.40% of total Stud In no event shall NRA be expected However, in the event that the valu the other Sponsors shall equal less liable for such additional amounts; percent of the study costs. In no ev percent of the study costs. 7,000, as defined in the PMP, which is anticipated to be Costs. to contribute cash or services above those listed above. of those in-kind services combined with the contributions of han 50% of the Study Costs, the other Sponsors shall be necessary to ensure that the Sponsors' total shall be 50 :nt shall the Sponsors' total contribution be less than 50 The Sponsors may, consistent withiapplicable law and regulations, contribute up to 50 percent of Study Costs through the provision 6fin-kind services. The in-kind services to be provided by the Sponsors, the estimated negotiated costs for those services, and the estimated schedule under which those services are to be provided are specified in the PMP. Negotiated costs shall be subject to an audit by the Government to determine reasonableness, allocability, and allowability. C. The Sponsors shall pay a fifty (50) percent share of excess Study Costs (NRA-approximately 4.40% in in-kind services only; Ci~-approximately 17.00% in cash and in-kind services; SAWS- approximately 13.00% in cash and ~n-kind services; SARA-approximately 2.00°/3 in cash and in- kind services; and GBRA-approxirnately 1.00% in cash and in-kind services, in accordance with Article m.D. of this Agreement. D. The Sponsors understand that the schedule of work may require the Sponsors to provide cash or in-kind services at a rate that ma~y result in the Sponsors temporarily diverging from the obligations concerning cash and in.kind services specified in paragraph B. of this Article. Such temporary divergences shall be identified in the quarterly reports provided for in Article I~.A. of this Agreement and shall not alter the obligations concerning costs and services specified in paragraph B. of this Article or the obligations concerning payment specified in Article flI of this Agreement. E. If, upon the award of any contra the Government or the Sponsors, el Sponsors would result in excess Sta award of that and all subsequent co work, for the Study until the Gover Government and the Sponsors requ suspended in accordance with Attic the Government and the Sponsors ~ 6 month period, the Agreement ma' :t or the performance of any in-house work for the Study by mulative financial obligations of the Government and the dy Costs, the Government and the Sponsors agree to defer ~tracts, and performance of that and all subsequent in-house unent and the Sponsors agree to proceed. Should the re time to arrive at a decision, the Agreement will be le X., for a period of not to exceed six 6 months. In the event ave not reached an agreement to proceed by the end of their , be subject to termination in accordance with Article X. F. No Federal funds may be used tO meet the Sponsors' share of Study Costs unless the Federal granting agency verifies in writing that the expenditure of such funds is expressly authorized by statute. G. The award and management of any contract with a third party in furtherance of this Agreement which obligates Federal appropriations shall be exclusively within the control of the Government. However, the Government will consult with the Sponsors prior to the award of any contract. The award and management of any contract by any of the Sponsors with a third party in furtherance of this Agreement whidh obligates funds of the Sponsors and does not obligate Federal appropriations shall be exclusively within the control of the Sponsors, but shall be subject to applicable Federal laws and regulations. H. The Sponsors shall be responsible for the total cost of developing a response plan for addressing any hazardous substances regulated under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, Pub. L. No. 96-510, 94 Stat. 2767, (codified at 42 U.S.C. Sections 9601-9675), as amended, existing in, on, or under any lands, easements or rights-of-way that the Government determines to be required for the construction, operation, and maintenance of the project. Such c~sts shall not be included in total study costs. ARTICLE III - METHOD OF PAYMENT A. The Government shall maintain current records of contributions provided by the parties, current projections of Study Costs, ,current projections of each party's share of Study Costs, and current projections of the amount ot'Study Costs that will result in excess Study Costs. At least quarterly, the Government shall provide the Sponsors a report setting forth this information. As of the effective date of this Agreement, estimated Study Costs are $10,000,000 and the Sponsors' share of estimated Study Costs is $~,000,000. In order to meet the Sponsors' cash payment requirements for its share of estimated Study Costs, the Sponsors, other than NRA, must provide a cash contribution currently estimated to be $980,000. The dollar amounts set forth in this Article are based upon the Government's best estimates, which reflect the scope of the study described in the PMP, projected costs, price-level changes, and anticipated inflation. Such cost estimates are subject to adjustment by the Government and are not to be construed as the total financial responsibilities of the GoYemment and the Sponsors. B. The Sponsors shall provide its qash contribution required under Article ll.B. of this Agreement in accordance with the following provisions: 1. For purposes of budget 1~ August 1st of each year of the estin meet the Sponsors' share of Study ( 2. No later than 60 calendit issuance of the solicitation for the f first significant in-house expendi~ writing of the funds the Governmex its their required share of Study Co calendar days thereafter, the Spons~ required funds by Electronic Funds Government or by delivering a che~ the U.S. Army corps of Engineers I IntegfityDrive, Millington, TN 38 3. For the second and subs~ than 60 calendar days prior to the b the funds the Government determir required share of Study Costs for tt identified under Article II.D of this beginning of the fiscal year, the Sp~ available to the Government throu Article. launing, the Government shall notify the Sponsors by ated funds that will be required from each of the Sponsors to :osts for the upcoming fiscal year. ~ days prior to the scheduled date for the Government's rst contract for the Study or for the Government's anticipated e for the Study, the Government shall notify the Sponsors in t determines to be required from each of the Sponsors to meet ;ts for the first fiscal year of the Study. No later than 30 ~rs shall provide the Government the full amount of the Transfer in accordance with procedures established by the :k payable to "FAO, USAED, FORT WORTH DISTRICT" to 'inance Center ATTN: CEFC-FD-C EROC M2, 5722 )54-5005. quent fiscal years of the Study, the Government shall, no later ;ginning of the fiscal year, notify the Sponsors in writing of es to be required fi'om each of the Sponsors to meet its their at fiscal year, taking into account any temporary divergences Agreement. No later than 30 calendar days prior to the ~nsors shall make the full amount of the required funds the funding mechanism specified in paragraph B.2. of this 4. The Government shall O:aw from the funds provided by the Sponsors such'sums as the Government deems necessary to craver the Sponsors' share of contractual and in-house fiscal obligations attributable to the Study as they are incurred. 5. In the event the GovermBent determines that the Sponsors must provide additional funds to meet/ts their share of Study Costs, the Government shall so notify the Sponsors in writing. No later than 60 calendar ~tays after receipt of such notice, the Sponsors shall make the full amount of the additional requi~ted funds available through the funding mechanism specified in paragraph B.2. of this Article. C. Within ninety (90) days after tile conclusion of the Study Period or termination of this Agreement, the Government shall {onduct a final accounting of Study Costs, including disbursements by the Government Of Federal funds, cash contributions by the Sponsors, the amount of any excess Study Costs, and credits for the negotiated costs of the Sponsors, and shall furnish the Sponsors with the results of this accounting. Within thirty (30) days thereafter, the Government, subject to the availability of funds, shall reimburse the Sponsors for the excess, if any, of cash contributions and credits given over its their required share of Study Costs, other than excess Study Costs, or the Spensors shall provide the Government any cash contributions required for the Sponsors to meet its required share of Study Costs other than excess Study Costs. D. The Sponsors shall, on an individual basis, provide its their cash contribution for excess 5 Study Costs as required under Article II.C. of this Agreement by delivering a check payable to "FAO, USAED, FORT WORTH DISTRICT" to the U.S. Army corps of Engineers Finance Center ATTN: CEFC-AD-C EROC M2, 5722 Integrity Drive, Millington, TN 38054-5005, as follows: 1. After the project that is ithe subject of this Study has been authorized for construction, no later than the date on which a Project Cooperation Agreement is entered into for the project; or ~ 2. In the event the project ~hat is the subject of this Study is not authorized for construction by a date that is no lair than 5 years of after the date of the final report of the Chief of Engineers concerning the projedl, or by a date that is no later than 2 years after the date of the termination of the study, the SponSors shall pay i~s their share of excess costs on that date (5 years after the date of the Chief of Engineers or 2 year after the date of the termination of the study). ARTICLE IV - STUDY MANAGEMENT AND COORDINATION A. To provide for consistent and elYective communication, the Sponsors and the Government shall each appoint named senior representatives to an Executive Committee. Thereafter, the Executive Committee shall meet regularly until the end of the Study Period. B. Until the end of the Study Period, the Executive Committee shall generally oversee the Study consistently with the PMP, including the application of and compliance with the Davis-Bacon Act, Contract Work Hours and Safety Standards Act and the Copeland Anti-Kickback for no- Federal work-in-kind. C. The Executive Committee may make recommendations that it deems warranted to the District Engineer on matters that it oversees, including suggestions to avoid potential sources of dispute. The Government in good faith shall consider such recommendations. The Government has the discretion to accept, reject, or modify the Executive Committee's recommendations. D. The Executive Committee shall appoint representatives to serve on a Study Management Team. The Study Management Team shall keep the Executive Committee informed of the progress of the Study and of significant pending issues and actions, and shall prepare periodic reports on the progress of all work items identified in the PMP. E. The costs of participation in the Executive Committee (including the cost to serve on the Study Management Team) shall be included in total project costs and cost shared in accordance with the provisions of this Agreement. ARTICLE V - DISPUTES As a condition precedent to a party bringing any Suit for breach of this Agreement, that party must first notify the other pa.~y palties in writing of the nature of the purported breach and seek in good faith to resolve the dispute through negotiation. If the parties cannot resolve the dispute through negotiation, they may agree to a m-aVaa!!y unanimously acceptable method of non-binding alternative dispute resolution with a qualified third party acceptable to both parties. The parties shall each pay 50 percent of any costs for the services provided by such a third party as such costs are incurred. Such co~ts shall not be included in Study Costs. The existence of a dispute shall not excuse the parties from performance pursuant to this Agreement. ARTICLE VI - MAINTENANCE OF RECORDS A. Within 60 days of the effective shall develop procedures for keepi~ costs and expenses incurred pursua properly reflect total Study Costs. ' the standards for financial manager Requirements for Grants and Coop~ C.F.R. Section 33.20. The Goverm documents, and other evidence in a after completion of the Study and r, extent permitted under applicable l: Sponsors shall each allow the othe~ evidence. B. In accordance with 31 U.S.C. S to any audit that the Sponsors is arc U.S.C. Sections 7501-7507. Any s Government Auditing Standards ar applicable cost principles and regu] total Study Costs and shared in acc late of this Agreement, the Government and the Sponsors books, records, documents, and other evidence pertaining to to this Agreement to the extent and in such detail as will aese procedures shall incorporate, and apply as appropriate, tent systems set forth in the Uniform Administrative ~rative Agreements to state and local govemments at 32 aent and the Sponsors shall maintain such books, records, :cordance with these procedures for a minimum of three years :solution of all relevant claims arising therefrom. To the ederal laws and regulations, the Government and the to inspect such books, documents, records, and other ration 7503, the Government may conduct audits in addition required to conduct under the Single Audit Act of 1984, 31 ich Government audits shall be conducted in accordance with d the cost principles in OMB Cimular No. A-87 and other ations. The costs of Government audits shall be included in >rdance with the provisions of this Agreement. ARTICLE VII - RELATIONSHIP OF PARTl~S The Government and the Sponsors iact in independent capacities in the performance of their respective rights and obligations u~der this Agreement, and neither is to be considered the officer, agent, or employee of the Uther pa~%' parties. ARTICLE VIII - OFFICIALS NoT TO BENEFIT No member of or delegate to the COngress, nor any resident commissioner, shall be admitted to any share or part of this Agreement, or to any benefit that may arise therefrom. ARTICLE IX - FEDERAL AND STATE LAWS In the exercise of the Sponsors' rights and obligations under this Agreement, the Sponsors agrees to comply with all applicable Federal and State laws and regulations, including Section 601 of Title VI of the Civil Rights Act of 11964 (Public Law 88-352) and Department of Defense Directive 5500.11 issued pursuant~hereto, . and pubhshed' in' 32 C.F.R. Part 195, as well as Army Regulations 600-7, entitled Nondiscrimination on the Basis of Handicap in Programs and Activities Assisted or Conducted t~y the Department of the Army". The Non-Federal Sponsors is are also required to comply with all applicable federal labor standards requirements including, but not limited to the Davis-Bacon Act (40 USC 276a et seq), the Contract Work Hours and Safety Standards Act (40 USC 327 et seq) and the Copeland Anti-Kickback Act (40 USC 276c). ARTICLE X - TERMINATION oR SUSPENSION A. This Agreement shall terminate at the conclusion of the Study Period, and neither the Government nor the Sponsors shall have any further obligations hereunder, except as provided in Article III.C.; provided, that prior tO such time and upon thirty (30) days written notice, ~ any party may terminate or suspem this Agreement inmaediately upon Article II.E. of this agreement, or u under Article HI. of this Agreemen Agreement, b,eth and the remainin accordance with Article X.C., all this Agreement. In addition, the Govemment shall terminate my failure of the parties to agree to extend the study under ~on the failure of the Sponsors to fulfill its their obligation In the event that ~ any party elects to terminate this . parties do not agree upon a continuance of this Agreement in n'ties shall conclude their activities relating to the Study and proceed to a final accounting in ac~ ordance with Article m.c. and HI.D. of this Agreement. Upon termination of this Agreeme/at, all data and information generated as part of the Study shall be made available to beth all parties. B. Any termination of this Agreement shall not relieve the parties of liability for any obligations previously incurred, including the Costs of closing out or transferring any existing contracts. Those obligations considered "preViously incurred" include (i) the Terminating Party's percentage interest of the Study COsts and excess Study Costs incurred through the date of the Term'mation; (ii) any damages which may be payable by the Terminating Party for a breach of this Agreement in accordance with Article V above; and (iii) the costs for closing out or transferring any existing contracts. In no event shall the terminating party be liable for expenditures made after the date of termination, other that those associated with closing out or transferring any existing contracts. C. In the event that any of the Sponsors elect to terminate its own responsibilities under this Agreement, and there are remaining Sponsors who elect to continue to participate in the Study, the Government shall negotiate in good faith with the remaining Sponsors to effect a timely and productive conclusion to that portion of the Study pertaining to the remaining Sponsors' area of statutory authority. The Government shall prepare a revised PMP and revised estimated Study costs, including the remaining Sponsors' share, to complete that portion of the Study of interest to the remaining Sponsors. If the remaining Sponsors elect to complete the Study, this Agreement shall be amended to reflect the negotiated revisions to the PMP and Study costs. Cost amendments to this Agreement made pursuant to this sub-article shall reflect credits for the previous cash and in-kind contributions of all Study Sponsors and shall reflect task reductions made as a result of withdrawal of any Study Sponsor. ARTICLE XI - OBLIGATIONS OF FUTURE APPROPRIATIONS A. Nothing herein shall constitute, nor be deemed to constitute, an obligation of future appropriations by the Non-Federal Sponsors of the State of Texas, where creating such an obligation would be inconsistent with Article 3, Section 49 of the Constitution of the State of Texas, or Article IV, Section 7 and 9 of the Charter of the City of Corpus Christi and Article XI, Section 5 of the Constitution of the State of Texas. B. The Non-Federal Sponsors intend to satisfy their obligations under this Agreement. The Non-Federal Sponsors shall include in its budget request or otherwise propose, for each fiscal period, appropriations sufficient to cover the Non-Federal Sponsors' obligations under this Agreement for each biennium, and will use all reasonable and lawful means to secure the appropriations for that biennium sufficient to make the payments necessary to fulfill their obligations hereunder. The Non-Eederal Sponsors reasonably believe that funds in amounts sufficient to discharge these obligations can and will lawfully be appropriated and made available for this purpose. In the event the ~udget or other means of appropriations does not provide funds in sufficient amounts to discharge ~hese obligations, the Non-Federal Sponsors shall use their best efforts to satisfy any requiren~ents for payments under this Agreement from any other source of funds legally available for this l~urpose. Further, if the Non-Federal Sponsors are unable to satisfy their obligations hereunder4 the Government may exercise any legal rights it has to protect the Government's interests relatec~ to this Agreement. IN WITNESS WHEREOF, the patties hereto have executed this Agreement, which shall become effective upon the date it is signe~ by the District Engineer for the U.S. Army Corps of Engineers, Fort Worth District. DEPARTMENT OF THE ARMY BY JOHN R. MINAHAN Colonel, Corps of Engineers District Engineer Fort Worth District NUECES RIVER AUTHORITY NOT FOR SIGNATURE BY CON MIMS Executive Director Nueces River Authority THE CITY OF CORPUS CHRISTI, TEXAS NOT FOR SIGNATURE BY City Manager City of Corpus Christi, Texas SAN ANTONIO RIVER AUTHORITY NOT FOR SIGNATURE BY GREGORY E. ROTHE, P.E. General Manager San Antonio River Authority DATE: DATE: SAN ANTONIO WATER SYSTEM NOT FOR SIGNATURE BY EUGENE E. HABIGER General, USAF(Ret.) President/Chief Executive Officer San Antonio Water System GUADALUPE-BLANCO RIVER AUTHORITY NOT FOR SIGNATURE BY W.E. WEST General Manager Guadalupe-Blanco River Authority 9 DATE: DATE: Attachment: Project Management Plan CERTIFICATE OF AUTHORITY I, , do hereby certify that I am the Attorney of the Nueces River Authority, that the Nueces River Authority is a legally constituted public body with full authority and legal capacity to perform the terms of the Agreement between the Department of the Army and the Nueces River Authority, the San Antonio River Authority, the city of Corpus Christi, the San Antonio Water System, and the Guadalupe-Blanco River Authority, in connection with the Feasibility Study for the Nueces River and Tributaries, Texas, and to pay damages, if necessary, in the event of the failure to perform, and that the person who has executed the Agreement on behalf of the Nueces River Authority, has acted within his/her statutory authority. IN WITNESS WHEREOF, I have made and executed this certificate this day of , 200 Nueces River Authority Attorney Texas State Bar License Number 10 CEt am the Attorney of the Corpus Christi is a leg authority and legal cap Agreement between the D Authority, the San Anto Christi, the San Antoni River Authority, in con Nueces River and Tribut necessary, in the event person who has executed Corpus Christi, has act .TIFICATE OF AUTHORITY , do hereby certify that I ~ity of Corpus Christi, that the city of · lly constituted public body with full acity to perform the terms of the epartment of the Army and the Nueces River ~io River Authority, the city of Corpus D Water System, and the Guadalupe-Blanco ~ection with the Feasibility Study for the aries, Texas, and to pay damages, if of the failure to perform, and that the the Agreement on behalf of the city of ed within his/her statutory authority. IN WITNESS WHEREOF, I have made and executed this certificate this day of , 200 City of Corpus Christi Attorney Texas State Bar License Number 11 CERTIFICATE OF AUTHORITY I, , do hereby certify that I am the Attorney of the ~an Antonio River Authority, that the San Antonio River Authority is a legally constituted public body with full authority and legal capacity to perform the terms of the Agreement between the Department of the Army and the Nueces River Authority, the San Antonio River Authority, the city of Corpus Christi, the San Antonio Water System, and the Guadalupe~Blanco River Authority, in conmection with the Feasibility Study for the Nueces River and Tributaries, Texas, and to pay damages, if necessary, in the event of the failure to perform, and that the person who has executed the Agreement on behalf of the San Antonio River Authority, has acted within his/her statutory authority. IN WITNESS WHEREOF, I have made and executed this certificate this day of , 200__. San Antonio River Authority Attorney Texas State Bar License Number ]2 CE~TIFICATE OF AUTHORITY I, I , do hereby certify that I am the Attorney of the~San Antonio Water System, that the San Antonio Water System, ~s a legally constituted public body full and agency of the !city of San Antonio, a Texas municipal corporation and home rqle city and has obtained requisite authority an~ ic~al capacity to perform, tko tc~,,~-~o of enter into the Agreement between ~he Department of the Army and the Nueces River Authority, the S~n Antonio River Authority, the city of Corpus Christi, the Sad Antonio Water System, and the Guadalupe- Blanco River Authority, in connection with the Feasibility Study for the Nueces River and Tributaries, Texas, and to pay damages, if necessary, in the egent of the failure to perform, and that the person who has executed the Agreement on behalf of the San Antonio Water System, has acted within his/her statutory authority. IN WITNESS WHEREQF, I have made and executed this certificate this day of , 200__. San Antonio Water System Attorney Texas State Bar License Number CERTIFICATE OF AUTHORITY I, , do hereby certify that I am the Attorney of the ~uadalupe-Blanco River Authority, that the Guadalupe-Blanco River Authority is a legally constituted public body with full authority and legal capacity to perform the terms of the Agreement between the Department of the Army and the Nueces River Authority, the San Antonio River Authority, the city of Corpus Christi, the San Antonio Water System, and the Guadalupe-Blanco River Authority, in connection with the Feasibility Study for the Nueces River and Tributaries, Texas, and to pay damages, if necessary, in the event of the failure to perform, and that the person who has executed the Agreement on behalf of the Guadalupe-Blanco River Authority, has acted within his/her statutory authority. IN WITNESS WHEREOF, I have made and executed this certificate this day of , 200__. Guadalupe-Blanco River Authority Attorney Texas State Bar License Number CERTIFICATION REGARDING LOBBYING NI~ECES RIVER AUTHORITY The undersigned c~rtifies, to the best of his or her knowledge and belief that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf ~f the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member o~ Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of a~y Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or imodification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member o~ Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersi§ned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was plac~d when this transaction was made or entered into. SubmissiOn of this certification is a prerequisite for making or entering ~nto this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification Shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. [SIGNATURE] CON MIMS EXECUTIVE DIRECTOR NUECES RIVER AUTHORITY CERTIFICATION REGARDING LOBBYING CITY OF CORPUS CHRISI The undersigned certifies, to the best of his or her knowledge and belief that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an 16 employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers i(including subcontracts, subgrants, and contracts under grants,l loans, and cooperative agreements) and that all subrecipients ~hall certify and disclose accordingly. This certification which reliance was plac entered into. Submissi for making or entering 1352, Title 31, U.S. Co required certification less than $10,000 and n failure. is a material representation of fact upon ~d when this transaction was made or )n of this certification is a prerequisite into this transaction imposed by Section ~e. Any person who fails to file the ~hall be subject to a civil penalty of not )t more than $100,000 for each such [ S I GNATURE ] CITY MANAGER CITY OF CORPUS CHRISTI CERTIFICATION REGARDING LOBBYING SAN ANTONIO RIVER AUTHORITY The undersigned c~rtifies, to the best of his or her knowledge and belief that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attemptiing to influence an officer or employee of any agency, a Member of! Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of a~y Federal contract, the making of any Federal grant, the makilng of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have 17 been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigne~ shall require that the language of this certification be included in the award documents for all subawards at all tiers ~including subcontracts, subgrants, and contracts under grants, iloans, and cooperative agreements) and that all subrecipients ~hall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. SubmissiOn of this certification is a prerequisite for making or entering ~nto this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. [SIGNATURE] GREGORY E. ROTHE EXECUTIVE DIRECTOR SAN ANTONIO RIVER AUTHORITY CERTIFICATION REGARDING LOBBYING SAIq ANTONIO WATER SYSTEM The undersigned certifies, to the best of his or her knowledge and belief that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an ~officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, ior cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigne~ shall require that the language of this certification be included in the award documents for all subawards at all tiers i(including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certificatio~ is a material representation of fact upon which reliance was pla~ed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering~into this transaction imposed by Section 1352, Title 31, U.S. C~de. Any person who fails to file the required certificationlshall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. [SIGNATURE] EUGENE E. HARBIGER PRESIDeNT/CHIEF EXECUTIVE OFFICER S~N Ai~TONIO WATER SYSEM CERTIFICATION REGARDING LOBBYING GUADALUPE-BLANCO RIVER AUTHORITY The undersigned certifies, to the best of his or her knowledge and belief that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any 19 Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, Qr cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers ~including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. [SIGNATURE] W.E.WEST GENERAL MANAGER GUADALUPE-BLANCO RIVER AUTHORITY CESWF-PM-C September 10, 2003 LIST OF DEVIATIONS TO NUECES RIVER, TEXAS FEASIBILITY STUDY COST SHARING AGREEMENT FCSA MODEL 20 1. FCSA Title specifies six Non-Federal Sponsors. REASON: There are five sponsors: Nueces River Authority, tl~e city of Corpus Christi, the San Antonio Water System, the San Antonio River Authori~, and the Guadalupe-Blanco River Authority. 2. First paragraph is modified to specify the six Non-Federal Sponsors signing the FCSA. REASON: There are five s the San Antonio Water Sys Blanco River Authority. "Sponsor" is changed to re~ Federal sponsors. REASO of Corpus Christi, the San~ the Guadalupe-Blanco Riw Fourth WHEREAS clause, "have". REASON: There a Christi, the San Antonio ~ Guadalupe-Blanco River ,4 )onsors: Nueces River Authority, the city of Corpus Christi, :em, the San Antonio River Authority, and the Guadalupe- d "Sponsors" throughout the FCSA to reflect multiple Non- q: There are five sponsors: Nueces River Authority, the city Lntonio Water System, the San Antonio River Authority, and ~r Authority. first line, delete the word "has" and substitute the word 'e five sponsors: Nueces River Authority, the city of Corpus ater System, the San Antonio River Authority, and the uthority. 5. Fourth WHEREAS clauseh second line, delete the word "is" and substitute the word "are". REASON: There are five s~onsors: Nueces River Authority, the city of Corpus Christi, the San Antonio Water SyOtem, the San Antonio River Authority, and the Guadalupe- Blanco River Authority. 6. Fifth WHEREAS clause, second line, word "party" is deleted and "the Sponsors or the Government to agree to or!to" is substituted. REASON: There are five sponsors: Nueces River Authority, the city tlf Corpus Christi, the San Antonio Water System, the San Antonio River Authority, and the Guadalupe-Blanco River Authority. 7. Article I.C., second line, word "mutual" is deleted. REASON: There are five sponsors: Nueces River Authority, the city of Corpus Christi, the San Antonio Water System, the San Antonio River Authority, and the Guadalupe-Blanco River Authority. 8. Article I.E., second line, WOrd "either" is deleted, and the word "any" is substituted. REASON: There are five Sponsors: Nueces River Authority, the city of Corpus Christi, the San Antonio Water SyStem, the San Antonio River Authority, and the Guadalupe- Blanco River Authority. 9. Article II.B, between the first and second sentence insert the following language: "The amount each Sponsor is expected to contribute is as follows: City-approximately 16.88% in cash and in-kind services; SAWS-approximately 25.60% in cash and in-kind services; SARA-approximately 1.90% in cash and in-kind services; GBRA-approximately 1.97% in cash and in-kind services; NRA- in kind services valued at $97,000, as defined in the PMP, which is anticipated to be approximately 4.4% of total Study Costs In no event shall NRA be expected to contribute cash or services above those listed above. 21 However, in the event that the value of those services combined with the contributions of the other Sponsors shall equal less than 50% of the Study Costs, the other Sponsors shall be liable for such additional amotmts as necessary to ensure that the Sponsors' total shall be 50 pement of the study costs. In n~ event shall the Sponsors' total contribution be less than 50 percent of the study costs. REASON: There are five sponsors sharing 50% of the study cost: NRA-approximately 4.44% in in-kind services only; City-approximately 16.88% in cash and in-kind services; SAWS-approXimately 25.60% in cash and in-kind services; SARA- approximately 1.90% in cash arid in-kind services; and GBRA- approximately 1.97% in cash and in-kind services." : 10. Article II.C., first line, following the words "Excess Study Costs", insert the respective cost-sharing percentages (%) for NRA, City of Corpus Christi, SAWS, SARA, GBRA and EEA. REASON: The~e are five sponsors sharing 50% of the study cost: NRA- approximately 4.44% in i~-kind services only; City- approximately 16.88% in cash and in- kind services; SAWS-approximately 25.60% in cash and in-kind services; SARA- approximately 1.90% il~ cash and in-kind services; and GBRA- approximately 1.97% in cash and in-kind services. 11. Article II.G., end of second isentence, insert the following sentence: "However, the Government will consult wtth the Sponsors prior to the award of any contract." REASON: Sponsors want tO be part of the contract award process. 12. Article II.G., second sentence is changed to read "...contract by any of the Sponsors..." REASON: There are five sponsors: Nueces River Authority, the city of Corpus Christi, the San Antonio Water System, the San Antonio River Authority, and the Guadalupe- Blanco River Authority. 13. Article m.A., fourth sentence, following the words "Study Costs, the Sponsors," insert the words "other than NRA ". REASON: NRA will contribute in-kind services only, no cash. 14. Article m.B.l., second line, following the words "to be required from", insert the words "each of'. REASON: There are five sponsors: Nueces River Authority, the city of Corpus Christi, the San Antonio Water System, the San Antonio River Authority, and the Guadalupe-Blanco River Authority. 15. Article III.B.2., fourth line, following the words "to be required from", insert the words "each of". REASON: There are five sponsors: Nueces River Authority, the city of Corpus Christi, the San Antonio Water System, the San Antonio River Authority, and the Guadalupe-Blanco River Authority. 16. Article m.B.2., fifth line, following the words "Sponsors to meet", delete the word "its" and insert the word "their". REASON: There are five sponsors: Nueces River Authority, the city of Corpus Christi, the San Antonio Water System, the San Antonio River Authority, and the Guadalupe-Blanco River Authority. 17. Article III.B.3., third line, following the words "to be required from", insert the words "each off. REASON: There are five sponsors: Nueces River Authority, the city of Corpus Christi, the San Antonio Water System, the San Antonio River Authority, and the Guadalupe-Blanco River gmthority. 18. Article III.B.3., end of third line, "its" is deleted and the work "their" is substituted. REASON: There are five sponsors: Nueces River Authority, the city of Corpus Christi, the San Antonio Water System, the San Antonio River Authority, and the Guadalupe- Blanco River Authority. 19. Article m.B.5., second line, "its" is deleted and the work "their" is substituted. 22 REASON: There are five Sponsors: Nueces River Authority, the city of Corpus Christi, the San Antonio Water SyStem, the San Antonio River Authority, and the Guadalupe- Blanco River Authority. 20. Article III.C, sixth line, following the words "g/yen over", delete the word "its" and insert the word "their". REASON: There are five sponsors: Nueces River Authority, the city of Corpus Christi, the San Antonio Water System, the San Antonio River Authority, and the Guadalupe-Blanco River A 21. Article m.D., first line, foll individual basis". REASO' of Corpus Christi, the San. the Guadalupe-Blanco Riw 22. Article re.D, first line, foll~ word "their". REASON: T Corpus Christi, the San An Guadalupe-Blanco River A 23. Article m.D.2., second lira insert the word after". RE~ Cibolo Creek FCSA. 24. Article m.D.2., fourth line. word "their". REASON: athority. ~wing the words "The Sponsors shall" insert the words "on an q: There are five sponsors: Nueces River Authority, the city kntonio Water System, the San Antonio River Authority, and :r Authority. ~wing the word "provide", delete the word "its" and insert the here are five sponsors: Nueces River Authority, the city of :onio Water System, the San Antonio River Authority, and the uthority. , following the words "than 5 years", delete the word "of" and tSON: Directed by HQUSACE in the similar, multi-Sponsor following the word "pay", delete the word "its" and insert the here are five sponsors: Nueces River Authority, the city of Corpus Christi, the San A~tonio Water System, the San Antonio River Authority, and the Guadalupe-Blanco River Authority. 25. Article 1V.A, second line, following the words "Government shall", insert the word "each". REASON: There ~e five sponsors: Nueces River Authority, the city of Corpus Christi, the San Antonio Water System, the San Antonio River Authority, the Guadalupe- Blanco River Authority, and the Edwards Aquifer Authority; "...each shall appoint...". 26. Article V., second line, delete the word "party" and insert the word "parties". REASON: There are five sponsors: Nt~eces River Authority, the city of Corpus Christi, the San Antonio Water System, th~ San Antonio River Authority, and the Guadalupe-Blanco River Authority. 27. Article V., fourth line, delete the word "mutually" and insert the word "unanimously". REASON: There are five ~ponsors: Nueces River Authority, the city of Corpus Christi, the San Antonio Water Sy*tem, the San Antonio River Authority, and the Guadalupe- Blanco River Authority. 28. Article VI.B, second line, :delete the word "is" and insert the word "are". REASON: There are five sponsors: NUeces River Authority, the city of Corpus Christi, the San Antonio Water System, the San Antonio River Authority, and the Guadalupe-Blanco River Authority. 29. Article VII., end of sentence, delete the word "party" and insert the word "parties". REASON: There are five Sponsors: Nueces River Authority, the city of Corpus Christi, the San Antonio Water SyStem, the San Antonio River Authority, and the Guadalupe- Blanco River Authority. 30. Article IX, end of first lina, the word "agrees" is changed to read "agree". REASON: There are five sponsors: Nheces River Authority, the city of Corpus Christi, the San Antonio Water System, the San Antonio River Authority, and the Guadalupe-Blanco River Authority. 31. Article IX. Beginning if last sentence, the word "is" is deleted, and the word "are" is 23 substituted. REASON: The~e are five sponsors: Nueces River Authority, the city of Corpus Christi, the San Antonio Water System, the San Antonio River Authority, and the Guadalupe-Blanco River Atathority. 32. Article X.A., end of third liae, the word "either" is deleted, and the word "any" is substituted. REASON: Thege are five sponsors: Nueces River Authority, the city of Corpus Christi, the San AntDnio Water System, the San Antonio River Authority, and the Guadalupe-Blanco River A~thority. 33. Article X.A., sixth line, del{te the word "its" and insert the word "their". REASON: There are five sponsors: Nu~ces River Authority, the city of Corpus Christi, the San Antonio Water System, theban Antonio River Authority, and the Guadalupe-Blanco River Authority. 34. Article X.A., seventh line, third sentence is changed to read," In the event that any party elects to terminate this Agreement, and the remaining Parties do not agree upon a continuance of this Agreern~ent in accordance with Article X.C., all parties shall..." REASON: There are five sponsors: Nueces River Authority, the city of Corpus Christi, the San Antonio Water Sys!em, the San Antonio River Authority, and the Guadalupe- Blanco River Authority. 35. Article X.A., end of sentence, the word "both" is deleted and the word "all" is substituted. REASON: There are five sponsors: Nueces River Authority, the city of Corpus Christi, the San Antonio Water System, the San Antonio River Authority, and the Guadalupe- Blanco River Authority. 36. Article X.B., at the end of the first sentence, insert the following: Those obligations considered "previously incurred" include (i) the Terminating Party's percentage interest of the S~dy Costs and excess Study Costs incurred through the date of the Termination; (ii) any damages which may be payable by the Terminating Party for a breach of this Agreement in accordance with Article V above; and (iii) the costs for closing out or transferring any existing contracts. In no event shall the terminating party be liable for expenditures made after the date of termination, other that those associated with closing out or transferring any existing contracts. 37. Article X.C. is added. REASON: There are five sponsors: Nueces River Authority, the city of Corpus Christi, the San Antonio Water System, the San Antonio River Authority, and the Guadalupe-Blanco River Authority. 38. New Article X.I. is added. REASON: To be consistent with state law. 39. There are six Certifications of Authority and six Certifications Regarding Lobbying. REASON: There are five sponsors: Nueces River Authority, the city of Corpus Christi, the San Antonio Water System, the San Antonio River Authority, and the Guadalupe- Blanco River Authority. 40. CERTIFICATE OF AUTHORITY San Antonio Water System is changed to read, in part: "I, , do hereby certify that I am the Attorney of the San Antonio Water System, that the San Antonio Water System, is a legally constituted public body and agency of the city of San Antonio, a Texas municipal corporation and homs rule city and has obtained requisite authority to enter into the Agreement between the Department of the Army and ..." 24 REASON: SAWS is an agency of the city of San Antonio. 9/~0/03 CERTIFICATION OF LEGAL REVIEW The Draft Feasibility Cost Sharing Agreement for the Nueces River and Tributaries, Texas, Feasibility Study has been fully reviewed by the Office 'of Counsel, USAED, Fort Worth District, Fort Worth, Texas, contains deviations from the model agreement and is legally sufficient. 25 Office of Counsel DATE: 26 RESOLUTION AUTHORIZING CITY MANAGER, OR THE CITY MANAGER'S DESIGNEE, TO SIGN A LETTER AGREEMENT WITH THE U. S. ARMY CORPS OF ENGINEERS, FORT WORTH DISTRICT, COMMITTING THE CITY TO EXECUTE AN AGREEMENT BETWEEN THE DEPARTMENT OF THE ARMY AND THE NUECES RIVER AUTHORITY, CITY OF CORPUS CHRISTI, SA~I ANTONIO WATER SYSTEM, SAN ANTONIO RIVER AUTHORITY, JAND THE GUADALUPE-BLANCO RIVER AUTHORITY FOR THI~ NUECES RIVER WATERSHED FEASIBILITY STUDY ~ NOW, THEREFORE, BE IT RE[SOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: ' SECTION 1. The City Manage letter agreement with the U. S. the City to execute an Agreem( River Authority, City of Corpus Authority, and the Guadalupe-E feasibility study. The Federal ', or the City Manager's designee, is authorized to sign a ~,rmy Corps of Engineers, Fort Worth District, committing nt between the Department of the Army and the Nueces ;hristi, San Antonio Water System, San Antonio River lanco River Authority for the Nueces River watershed 3st-sharing agreement will require the City to provide a 17% cash and in-kind match fo 'the feasibility study. The first year's cash match will require the appropriation of $1(~5,000 ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: 18th day_of September, · ;~ilg Acti agrag~city Attorn ye~ 2003. Samuel L. Neal, Jr. Mayor R33704A1 .doc 11 CITY COUNCIL AGENDA MEMORANDUM I City Council Action Date: 08/26/03 AGENDAITEM: A. Motion authorizing the City $198,581 from the U. S. D( eligible under the FY 2003 L documents. B. Ordinance appropriating $1 Assistance in the No. 1061 the Police Department and ~ as grant matching funds Manager or his designee to accept a grant in the amount of partment of Justice, Bureau of Justice Assistance, for funding aw Enforcement Block Grants program and to execute all related )8,581 from the U. S. Department of Justice, Bureau of Justice Police Grant Fund to purchase law enforcement equipment for ~ppropdating $22,065 from the No. 1061 Law Enforcement Trust ISSUE: The Department of JuStice provides funding opportunities each year in an effort to reduce crime and impr~)ve public safety through various methods, including the procuring of equipment, technc~logy, and other material directly related to basic law enforcement functions. ~ REQUIRED COUNCIL ACTION: Accepting the grant and appropriating the funds PREVIOUS COUNCIL ACTION: Approval to submit the grant on 08;26103. FUNDING: The Law Enforcement Trust has provided the matching funds each year. This year's match of $22,065 is budgeted in FY 2003/2004. CONCLUSION AND RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. P. A~lvar~z, Jr/ ~ Chief of Polic~..~ Attachments: BACKGROUND INFORMATION The Law Enforcement Block Grant program provides funding opportunities to reduce crime and improve public safety through various methods, including the procuring of equipment, technology, and oth?r material directly related to basic law enforcement functions. Prior to the obligatior~ of any funds received, the City must establish an advisory board to review the apl~lication and make nonbinding recommendations; additionally the City must hold ~ least one public hearing to make the public aware of the program and its proposed sl~ending plan. The funds are dispersed by the offenses reported to the FBI thr( much larger number of Part On~ receiving a greater distribution funding disparities if a political county or prosecution and inca~ 3epartment of Justice on the basis of Part One ~ugh the Uniform Crime Report. The City reports a offenses as compared to Nueces County, thereby f funds. The federal law provides for states to declare ubdivision incurs more than 50% of the costs in a given :eration of Part One crimes. In the state of Texas, the Attorney General has determine d that Texas counties are responsible for more than 50% of these costs and has cerl ified this fact to the Bureau of Justice Assistance. With this certification, the City must Share the award with Nueces County. We have agreed to split the funds 50/50 with the County as we have done since 1999. The City funds will be used for the following: 11 unmarked vehicles 13 Tactical body armor Watertank bullet capture system and miscellaneous crime lab upgrades $ 170,500 $ 15,600 $ 34,546 The Law Enforcement Block Grant (LEBG) program has provided a total of $3,296,624 in grant funds to the City since lhe program began in 1996. The funds have been used to purchase backbone equipment for the Mobil Data/Automated Vehicle Location project, 27 police package vehicles, 50 unmarked police units, digitized radios, radios for the Communications van, digital cameras, radars, video cameras, personal computer hardware and software, an upgrade to the computer system and the radio microwave system, a mobile police substation, a SWAT rescue vehicle, and other police equipment. lHat ~.ldnag? -~w~ Approval No_titlcat~on. [Awara NO. ZOV3-LI~-I::JX~Z5IJS] Page I I From: To: Date: Subject: <ojp~ojp.usdoj.gov> <georgen~cctexas.com>, <pat~cctexas.com> 9/11/03 5:01AM Award Approval Ndtification. [Award No. 2003-LB-BX-2505] Congratulations! Your Award for the has been approved by the Bureau of You have 45 calendar days from the not accepted within this 45 day pedo( eligible applicants dudog the next LLI To accept your award, go to http://gr~ using your user id and password. --Y 2003 Local Law Enforcement Block Grants (LLEBG) Program Justice Assistance (BJA). Jate on your Award to review and accept this Award. All Awards will be deobligated and funds will be redistributed among FY 2004 :.BG funding cycle. nts.ojp.usdoj.gov/llebg/ojp_login.llebg_login.llebg_main and log on You have 90 calendar days from tbe ~late on your Award to submit your Request for Drawdown. Any funds not drawn down within this 90 ~lay pedod will be deobligated and funds will be redistributed among FY 2004 eligible applicants dudng the next LLEBG funding cycle. Please Note: BJA is requesting that L LEBG grantees make every effort to ensure that any proposed use of LLEBG funds to procure equipmer [ and/or fund programs or projects that focus pdmadly on Domestic Preparedness; First Responder, Anti- terrorism and/or Homeland Security be coordinated with your State's Homeland Security Contact. Nritten notification should be made to the State Homeland Security Contact informing them of the use of funds and any changes to the plans, dudng the life of the grant. Please maintain an administrative fih, documenting the contact with the Homeland Security Contact. For a list of State Homeland Secudty Co~ ,tacts, go to htr p://www.dhs.gov/d hspu blic/intera pi #editodal/edito da1_0291 .xml. Please be aware that this notificationlwill be included as a Special Condition for the FY 2004 funding cycle. Your compliance with this req~Jest for FY 2003 is appreciated. Again, please do not reply directly to ithis message as your reply will not reach us. (Please Note: if you respond to this iemail do not change the subject line, thank you) **Scanned by McAfee WebShield e5D0 Appliance** ORDINANCE APPROPRIATING $198,581 FROM THE U.S. DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE, IN THE NO. 1061 POLICE GRANT FUND TO PURCHASE LAW ENFORCEMENT EQUIPMENT FOR THE POLICE DEPARTMENTi AND APPROPRIATING $22,065 FROM THE NO. 1061 LAW ENFORCEMI~NT TRUST FUND AS THE GRANT MATCH; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CI'I~Y COUNCIL OF THE CiTY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $198,581 is appropriated from the U.S. Department of Justice, Bureau of Justice Assistance,, in the No. 1061 Police Grant Fund to purchase law enforcement equipment for the !Police Department. SECTION 2. That $22,065 is appropriated from the No. 1061 Law Enfomement Trust Fund as the grant match. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of ,2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor APPROVED: September 16, 2003 Lisa Aguilar Assistant City-Attorney for City Attorney 12 CiTY COUNCIL AGENDA MEMORANDUM City Council Action Date: Sept. 16, 2003 AGENDA ITEM: A) Public H( proposed Rodd Field Public ImF B) Ordinan¢ improvements; determining distr costs between district and City roll; and authorizing and establi,, .aring to determine the advisability of establishing the rovement District. e determining the advisability, nature, and cost of ct boundaries, assessment method, and apportionment of ~s a whole; approving and filing preliminary assessment hing the Rodd Field Public Improvement District. ISSUE: Establishment of a public improvement district for Rodd Field Village for the purpose of eliminating blighted Iconditions and improving the health, safety and welfare through: 1. Platting all of the properties within the proposed district. 2. Providing a financing me~:hanism through the use of City and private funds for the installation of public infrabtructure. 3. Furthering the objective j to ensure that existing and future development is in compliance with state and local development regulations and building codes. REQUIRED COUNCIL ACTION: Approval of ordinance PREVIOUS COUNCIL ACTION!Aug. 26, 2003 motion rescheduling public hearing to Sept. 16, 2003; July 22, 2003 motion SCheduling public hearing on Aug. 26, 2003; Resolution No. 024261, October 19, 2000 FUTURE COUNCIL ACTION: Second Reading required on Sept. 23, 2003 for final passage. FUNDING: None CONCLUSION AND RECOMMENDATION: Staff recommends approval of ordinance Michael N. Gunning ~ Assistant Director of Development Servic' ' _ .,, , es Director of Planning Attachments: A) Resolution B) Boundaries C) Improvement Plan D) Assessment Plan BACKGROUNDINFORMATION The proposal to create the Rod( by City Council in October 2000 The City is authorized under ( establish such a district. Resolu the City Manager to accomplis~ Field PID (Attachment A). City objectives: I Field Public Improvement District (PID) was considered at the request of a group of Rodd Field property owners. ;hapter 372 of the Texas Local Government Code to :ion No. 024261, approved October 19, 2000 authorized various objectives in the process of establishing Rodd Staff has accomplished the following aforementioned Hired a surveyor t~ survey the proposed district. Hired an enginee[land surveyor to prepare a plat of the property within the district. Identified any property that needs to be acquired by dedication, purchase, or condemnation. Prepared final cpst estimates for the construction of the proposed improvements. Prepared a prelim!inary assessment At this point, Staff is prepared to make the following recommendations in accordance with the aforementioned resolution: Recommend adjl~stments in the boundary of the proposed district (Attachment B). Recommend the specific improvements that should be constructed (Attachment C). Recommend the method that should be used for assessing the appropriate costs to the property owners (Attachment D). Recommend the apportionment of cost between the improvement district and the City. Recommend howto fund the City's share of the project cost. Please review the abovementioned attachments as noted for specific recommendations and analysis of the issues. In regard to A) the final two recommendations: Apportionment of Costs - The estimated public improvement cost for the Rodd Field PID is $880,000. Staff recommends that the District be liable for $790,300. The City would be accountable for the surveying, engineering and platting fees totaling $89,700. B) Funding the City's Share - The City's portion of the project costs of $89,700 have been paid using CDBG funds. ADDITIONAL BACKGROUND The Rodd Field Village industrial area has been the focus of prior City efforts to assist property owners in joining together to share in the costs of platting and installation of the required public infrastructure. PL~blicly dedicated streets and an approved public water supply and sanitary sewer system are necessary to support any new growth and to create an environment for attracting future quality development. Since the mid-1980's, the City has been concerned with public safety, health and environmental issues relating to access to public streets, approved water supply and sanitary sewer within the area. Wlth the annexation of Rodd Field Village in 1989, the City began code enforcement efforts With individual property owners as well as with a coalition of property owners to bring the de~eloped and developing properties into compliance with platting, zoning and building co~les. At no time did a majority of the owners agree to participate in the coalition. Only tv~o tracts of land have been platted in the Rodd Field area. These are outside the proposed ~listrict. One plat within the district has been approved by Planning Commission and is pending recordation. The City is not allowed to issue building permits for improvements to the ulnplatted properties in accordance with the City Charter. It became apparent that the only way the platting and infrastructure costs could be affordable was through the sharing of costs by all the owners. In late 1999, City Staff again began meeting with a group of owners, at their request, to explore the feasibility of establishing a public improvement district to finance the platting and infrastructure improvements. A public improvement district would require the assessment of all property owners, provided the State legal tests for establishing the district are met. ATTACHMENT A RESOLUTION INITIATING PROCEEDII~GS TO ESTABLISH THE RODD FIELD PUBLIC IMPROVEMENT DISTRICT. WHEREAS, when the City anne~<ed the Rodd Field Village in 1989, the City recognized the area posed a unique situatic~n for the City and accepted modified development standards in the annexation serl/ice plan; WHEREAS, when the City of C(~rpus Christi annexed the Rodd Field Village, the service plan (a copy of the servi~e plan is attached to this resolution as Exhibit 1) spelled out which improvement~the City would maintain and the conditions under which the City would assume re~spo~sibility; WHEREAS, in 1991, the City tri~d to get the Rodd Field Village property owners to agree to fund the needed infrastructure improvements, but could not gain the agreement of all of the propertylowners; WHEREAS, no public improvenpents have been installed by the property owners since Rodd Field Village was annexed, except installation of a sanitary sewer lift station and sanitary sewer line that conneclied the private sanitary sewer lines to the City's sanitary sewer system; WHEREAS, the property owne,s have not made the improvements needed for the City to assume responsibility for maintenance of water and sewer lines and private streets under the service plan; WHEREAS, many of the individual tracts of land within the Rodd Field Village do not have direct access onto a dedicated public street or easements to give them access to a dedicated public street; WHEREAS, only two tracts of land within the Rodd Field Village are currently platted; WHEREAS, the owners of unplatted land within the Rodd Field Village cannot obtain building permits because of Adicle V, Section 6 of the City Charter and are not able to lawfully improve their propertieS; WHEREAS, those owners who have previously looked into platting their property have been unable to plat their prope~rty due to the high costs of installing the necessary off- site public improvements and obtaining legal access to their property, WHEREAS, some of the property owners within the Rodd Field Village have gotten together in an effort to remedy the current situation by asking the City Council to order the creation of a public improvement district, under Chapter 372 of the Texas Local Government Code, in the Rodd Field Village; Aw- 2 WHEREAS, in order to assist these property owners, the City's staff have met with the property owners on numerous occasions, drafted a preliminary concept plan, prepared rough costs estimates for construction of the improvements, and had some preliminary survey work pedormed; WHEREAS, several property owr~ers circulated petitions to the other property owners within the area for the establishrrjent of the Rodd Field Public Improvement District; WHEREAS, the property owners or the representatives of the property owners purporting to represent more thal~ 50 percent of the appraised value of taxable real property with n the Rodd Field Village have signed petitions asking the City Council to establish the Rodd Field Public Improvement District; and WHEREAS, the property ownersi or the representatives of the property owners purporting to represent more thah 50 percent of all record owners of property within Rodd Field Village that will be liable for assessment if a public improvement district is established have signed the petition; and WHEREAS, the property owners or the representatives of the property owners purporting to represent more tha~n 50 percent of the area of all taxable real property within Rodd Field Village that will be liable for assessment if a public improvement district is established have signed the petition; WHEREAS, the petitions to establish the Rodd Field Public Improvement District have been filed with the City Secretary; and WHEREAS, the members of the City Council have reviewed the petitions filed by the property owners and their authorized representatives and believe the petitions are sufficient to implement the process to establish a public improvement district; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Based on our review of the petitions filed by property owners and their authorized representatives and the supporting information and presentation of the City staff, the City Council finds: a. A sufficient number of property owners within Rodd Field Village have expressed interest in the establishment of a public improvement district under Chapter 372 of the Local Government Code to formally initiate the process to establish the proposed Rodd Field Public Improvement District. b. The proposed boundaries of the Rodd Field Public Improvement District are attached to this resolution as Exhibit 2. A-2 b. The proposed street improvements, water distribution mains, fire hydrants, street lighting, and sanitary sewers lines within Rodd Field Village, as described in Exhibit 3 of this resolutlon, will confer special benefits to the Rodd Field Village, are necessary for the orderly development of the area, and will improve health and safety ~f those who work and reside in the area. public c. The preliminary estimated cost of the improvements is approximately $780,000. A more detailed preliminary cost estimate is included in Exhibit 3. d. The costs of the imprcvements should be apportioned between City and property owners within th, proposed public improvement district as follows: 1. The City will pa the following costs: (a) The cos s of all future maintenance of the roads, water lines, sewer lines and storm sewers that are owned by the City within dedicated ~reet rights-of-way, drainage rights-of-way, or utility easements: (b) The co~s of preparing the engineering drawings and contract administration for the installation of the improvements. (c) All cost~, including the costs of surveying the District and individual Iq~ts, involved in platting all of the property located within the District., (d) The City will accept payment of the assessments by the property owners in lieu of any required water and sewer lot/acreage fees. 2. The property owners within the proposed district will pay the cost of the initial repair, replacement, and installation of the required roads, water lines, and sanitary sewer line, as detailed in Exhibit 3. e. The cost apportioned to the district will be assessed against the property owners based upon the square footage of property owned within the district. SECTION 2. The City Manager is directed to prepare a report to determine the feasibility and desirability of establishing the Rodd Field Public Improvement District. In carrying out this directive, the City Manager is authorized to: a. Hire a surveyor to survey proposed district. b. Hire an engineer and surveyor to prepare a plat of the property within the district. 4 c. Recommend adjustments in the boundary of the proposed district. d. Recommend the specific improvements that should be constructed. e. Hire an engineer to prepare detailed construction design documents of the proposed improvements. f. Identify any property that needs to be acquired by dedication, purchase, or condemnation. f. Solicit bids for the construction of the improvements. g. Prepare final costs estih~ates for the construction of the proposed improvements. h. Recommend the appoCtionment of cost between the improvement district and the City. i. Recommend how to fund the City's share of the project cost. j. Recommend the method that should be used for assessing the appropriate costs to the property owners. k. Prepare a preliminary assessment roll. SECTION 3. The Mayor may appoint a small informal ad hoc advisory committee, composed of five owners of property within the proposed district. The informal ad hoc advisory committee is charged with working with the City staff on the details of the feasibility report and advising the Council on the adequacy of the proposed improvements and the appropriateness of the method of assessment and boundary of the proposed district. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: Samuel L. Neal, Jr. Mayor day of (~c ~,~-'- , 2000. James R. Bray Jr. City Attorney R. JCl~'l~ining ,/ First Assistant City Attorney A-4 Corpus Christi, Texas __ day of The above resolution was passe~ Samuel L. Neal, Jr. Javier D. Colmenero Melody Cooper Henry Garrett Dr. Arnold Gonzales Rex A. Kinnison Betty Jean Longoria John Longoria Mark Scott ,2000 by the foilowing vote: ~DDENDUM, 2 .~2qUARY 26, EXHIBIT 1 'CI~f OF CORPUS CHRISTI ANNEXATION STUDY FOR APRIL 1, 1989 ELECTION AREA £ (RODD FIELD VILLAGE AREA) Tracts C-1 and C&2 from Area C are located in the southeast ea of the city and ifs the city's major growth area. Bill Witt ar ........ ~ between the two tracts. During the 1940s, Bill ~ Dark and Rodd ~ield village served as~over.n~_ent~ ~t~ ~ ~-- . ..... ~ Because Rodd Field Vi~±age ~Trac~ ~ ~; ~ lnstal£atlon zun~,,~- - developed prior to ~city code enforcement, that area remalns unplatted. Following is thelservice plan that the City of Corpus Christi with State Statutes to bring newly will provide in accordance annexed areas to an optimum level of service: SERVICE PLAN: Tract C-1 Rodd Field ~illage Improvements in place include roads without curb and gutter; gas, water and sewer services are available. Currently, wastewater treatment services are provided by a privately-owned treatment plant. The City will assume maintenance of any new streets, curbs and gutters, and will assume maintenance of city gas, water and sewer facilities in place within 60 days of the effective date of annexation. Tract C-2 CMC Steel Sroup Improvements in. place include a road without curb and gutter; water and sewer services are available. The City will assume maintenance of any n~w streets, curbs and gutters, and will assume maintenance of city water and sewer facilities in place within 60 days of the effective date of annexation. and Items to be provided in -n- service plan for Tracts C-1 C-2 in Area C are as follows: 1. Public safety protection, including fire and police protection will be provided at a comparable level of service as other parts of the City on the effective date of annexation; 2. City garbage and brush collection will begin within two weeks after the effective date cf annexation; 3. The City code Enforcement activity which includes high weeds and grass, care of premises and abandoned or junked automobiles, will be initiated within 60 days of ~he effective date of anne A-6 ~DDEiqDUM, JA/;UARY 24 , 1989 EXHIBIT 1 o The City's Park and Recreation Department will assume normal park maintenance of dedicated park areas within subdivisions that are developed in accordance with the Platting ordinance of the City of Corpus Christi; 5. Light Industrial will be effective on date of annexation; 6. City maintenance of existing street lighting as well as street signs will commence within 60 days of the effective da~e of annexation; 7. Given that t~is area is in an unique situation and that the e~isting development's ~demand for city services is] above normal, the City has modified development !design standards. Following are the acceptable ~difications to the Platting Ordinance standards which will apply to this area: A) Minimum right-of-way -- 50' width, minimum pavement width -- 30', sidewalks not required; Existing public roads A, B, and H south of Road B will be repaired by the City where concrete has settled or broken with curb and gutter repairs as needed. c) Existing public roads (Nela, East Logan, and West Logan) will be reconstructed by the City to a minimum of: recompaction of subgrade, scarifying and reoompaction of caliche with additional caliche as required to a depth of 6"; 1-1/2" hot-asphalt; repairs to curb and gutter. D) The City will assume maintenance of those existin~ private roads "E" and "F" after they are improved by property owners to the same standard as specified above and dedicated to the City. E) The City will assume maintenance of those existing storm sewer improvements if: 1) Capacity of lines is sufficient; 2) Necessary repairs are made; and 3) Dedication of the necessary easements is executed. ?) The City will ass'~me responsiki!itl' cf of proviaing extensions of off-site sanitary sewer mains to the Rodd Field Village Area with the termination of the private treatment system. The City will assume maintenance of on-site improvements after the system is brought to standard by property owner and located in proper easements. Property,' owner will be responsible A-7 ADDEND~<, JANUARY ~' !989 EXHIBIT 1 for oro-rata and acreage fees and to tie-in to available service within 100' from his property. Treatment of sewer will continue under the package plant under current permit private public service is made conditions until available- The City will assume responsibility of extending the wate~ system down yorktown Boulevard adjacent to the site. Property owners will improve existing on-site lines to City specifications after city inspection- Normal acreage and pro-rata fees and standards apply. A-8 EXHIBIT2 PROPOSED RODD'FIEL. D PUBLIC iI~PROVEMENT DISTRICT1 C N SR COOK o 200 ~ CiTY OF CORPUS C;HI'.IISTI - PLANNING DEPT. 04OCTOO/RP ------PROPOSED DISTRICT BOUNDARY A-9 EXHIBIT 3 ESTIMATED COST OF ESTABLISHING PROPOSED RODD FIELD PUBLIC IMPROVEMENT DISTRICT I. COSTS OF INFRASTRUCTURE IMPROVEMENTS ALLOCATED TO DISTRICT STREET Pavement $64.50 L.F. $232,200 3600 L.F. Contingency 250/0I' 58.050 $290,250 11 Stre~et lights $560.00 Each 6,160 Total $296,410 Rounded $297,000 WATER 6050 L.F. 8" I~ipe 15 8" Valves 19 Fire hydrants Contingency 25% 4 Total Rounded Strteet Crossings WASTEWATER TRUNK LINE 2500 L.F. 8" PVC 10 4' diameter manholes Contingency 25% Total Rounded Rounded Total w/o Road H Water Loop Costs per acre (88.31 acres) Additional costs for Road H Water Loop Rounded Total wi Road H Water Loop Costs per acre wi Road H Water Loop Costs per square foot $21.25 L.F. $800.00 Each $1500.00 Each $3000.00 $35.00 L.F. $3,000.00 Each $128,563 12,000 28.500 $169,063 42.266 $211,329 12.000 $223,329 $225,00O $87,500 30.000 $117,500 $146,900 $160,000 $672,000 $7,610 $i08,000 $780,000 $8,832 $0.203 A-lC EXHIBIT3 II. COSTS ALLOCATED TO OR WAIVED BY CITY Application and Recording Fees to Plat (62 parcels of land) (to be waived by City) $23,994 Cost of survey (surveys, deed plat tracing, etc.) Engineering Costs Total Rounded ;earches, 29,000 60,000 $89,000 $89,000 TOTAL ESTIMATED COST (~F PROJECT $869,000 A-11 ATTACHMENT B Requests for Changes in Rodd Field PID Boundaries Initiated by Property O~ners Staff has prepared Page B-2 to illustrate the current boundaries of the district as originally proposed. Property owners have requested two adjustments. Mark Bratton, who owns T~'act # 51 on Page B-2, has requested twice in writing that his property be remove¢ from the district (see Pages B-3 and B-4). Staff recommendation is that :his request be denied for the following reasons: The opportunity exi ~ted to plat this property before Council established the district boundaries. Any withdrawal wo JId create a negative impact upon the other property owners by increasir~g the per acre assessment by over $500 (Page B-5). A withdrawal could !encourage others to petition for withdrawal. This would lead to erosion of support and possible dissolution of the district. Such dissolution would mean that the necessary improvements could not be made. Staff does, however, recommend that Mr. Bratton receive a credit to his assessment for the surveying fees and CitY-imposed development fees he has incurred. 2. Eloy Salazar, who owns Tract # 24 on Page B-2, has asked that the district boundaries be reconfigu~ed on the southern border (Page B-6). The current configuration creates an oddly shaped triangular lot, which is unsuitable for development. Staff recommends allowing such an adjustment so long as the overall acreage of his tract remains the same. B-1 8% PROPOSED RODD FIELD PUBLIC IMPROVEMENT DISTRICT 47 11 : ~ li~;~TTON PH0~E t40. : +512 ~o~ 0101 Oct. 12 SoUth Stsplet 11 October 2000 ~r. Michael Gunning Director o£ Planning City of Corpus ChriSti, Tx. 78469 Fax; 880 3590 Dear Slr: ?he proposed Rodd Field Public lmpr~v.ement Dtstr~ct has included my pro~srt¥ in the District. I review of chapter 372.003 IUTUORIZED IMPROVEMENTS0 shows that nothin~ on theilis~ of 14 it~~ applies to my property. I have requested by letter previous to the 372.009 HEARING that the boundaries described in item (4) be revised to exclude my property. Further at the hearing on 9 October 2000 I made the same request. The City's offer to plat the property as an improvement is: (1) not tlmely, (2) would not ~ncluae the same requirements that would be made if i plat the landr (3) has no value as to the usefulness or saleabtlity of the property. Since my property has e;santially nothing in common with the District, I would llke for you to change the boundary as requested. A re~ly i~ requested before the City Council hearing 24 October 2000. sincerely, Mark Bratton CC: Peferman & Rehler, L.L.P. P. O. Box 23041 Corpus Christi, Tx. 78403-3041 B-3 Mr. Michael Gunning Director of Planning p.O.Box 99.77 Corpus Christi, Texas 78439 Dear Mr. Gunning, As you are aware Lot 1 Block approved, all requirements m There will be NO services pro, Field Industrial Park Public h Please remove this platted pr. Thanks, Mark Brat~ 8230 South Staples 4 Corpus christi, Texas 7841 Ph. 855 0181 7 April 2003 ~Rodd Field Industrial Park plat has been .t and all fees paid. ,ided to this property in thc Proposed Rodd nprovcment District. perry from thc proposed district. Rodd Field Public Improvement District Comparison of Owner Assessments With vs. Without Bratton Property Own+r Assessment Estimate Current Without Estimate Bratton Total Costs $790,300 $790,300 Total Acreage 85.89 81.38 Cost per Acre $9,201.42 $9,710.83 Cost per Sq. Foot $0.211 $0.223 B-5 8%` CHANGE OF BOUNDARIES SALAZAR REQUEST 47 Proposed Boundary C;hang~ ATTACHMENT C Rodd Field PID Improvement Plan Staff has prepared this Improvement Plan as its recommendation of future infrastructure improvements to the Rodd Field Public Improvement District. The consulting engineer has prepared a detailed analysis of the estimated costs (Pages C- 2 and C-3). These costs are adde~J to the cost of acquiring additional right-of-way (Page C- 4) then the engineering and plattir~g fees were subtracted, as the City has assumed those costs. The preliminary cost estimate is as follows: Infrastructure ROW Acquiaition Subtotal Engineering Costs Total $775,000 $105,000 $880,000 ($89,700) $790,300 Pages C-5, C-6 and C-7 illustrate the necessary improvements. It should be noted that, in accordance with the Annexation Service Plan (Pages A-6, A-7, A-8), typical right-of-way requirements have been reduced in an effort to control costs. O-1 Eng: Jim Urban PRELIMINARY COST ESTIMATE February 21, 2003 By: C.R.R. for Job No.. 37167.00.00 RODD FIELD SUBDIVISION ITEMi DESCRIPTION I QUAN. QUAN. + UNIT UNIT TOTAL 16% PRICE COST A. PAVING IMPROVMENTS - ROAD "F" - 1,98~ LF ON CL.: 1 2" HMAC Includig prime Coat I 5,720 6,578 SY $7.00 $46,046.00 2 Scarify, Stabilize, Recompact Existing / Base and Cement Stabilize 5,720 6,578 SY $10.00 $65,780.00 ROAD "F" SUB-TOTAL: $111,826.00 B. PAVING IMPROVEMENTS - ROAD "E" - 7! ,1 LF ON CL.: I 2" HMAC Including Prime ~.n~ 2,166 2,491 SY $7.00 $17,437.00 2 Scarify, Stabilize and Recompact Existil g R=~.,~ and Additional ~e~-~- As Required 2,166 2,491 SY $10.00 $24,910.00 ROAD "E" SUB-TOTAL: $42,347.00 C. ADDITIONAL LOOP ROAD ( NEW CONSTRUCTION PER DETAIL) - 967 LF ON CL.: 4,352 5,005 CY $3.00 $15,015.00 1 Roadway Excavation 2 8" Compacted Subgrade 3,177 3,654 SY $4.50 $16,443.00 3 2" HMAC Including Prime Coat 2,741 3,152 SY $7.00 $22,064.00 4 6" Compacted Caliche Base 2,741 3,152 SY $7.00 $22,064.00 5 Driveway Repair (As Required) I I LS $5,000.00 $5,000.00 I LOOP ROAD SUB-TOTAL: $80,586.00 PAVING SUB-TOTAL: $234,759.00 D. MAIN 8" PVC C-900 WATERLINE LOOP:, 1 8" PVC C-900 6,851 7,879 LF $18.00 $141,8z2.00 2 8" Gate Valve and Box 34 34 F_A $650.00 $22,100.00 3 Fire Hydrant Assembly Complete w/Va~e 25 25 EA $2,600.00 $85,000.00 4 8" Ductile Iron Cross I I EA $350.00 $350.00 5 8" Ductile Iron Tee 6 6 EA ~,300.00 $1,800.00 6 8"x90 Degree Ductile Iron Bend J 2 2 EA $300.00 :t~00.00 7 Tie to Existing Waterline 2 2 EA $1,850.00 $3,700.00 8 Commercial Service Connections (As F~equired) 33 33 EA $550.00 . $18,150.00 9 =avement Repair (As Required) 1 I LS $15,000.00 $15,000.00 MAIN WATER LOOP SUB-TOTAL: $268,522.00 ADDITIONAL 8 PVC C-900 WATER LOO~,: I 8" PVC C-900 1,874 2,155 LF $18.00 $38,790.00 2 8" Gate Va ve and Box 7 I 7 EA $650.00 $4,550.00 3 8"x90 Degreen Ductile Iron Bond 2 ' 2 EA $300.00 $800.00 4 Fire Hydrant Assembly Complete w/Valve 5 5 EA $2,600.00 $13,000.00 5 Commercial Service Connections (As Requred) 6 6 EA $550.00 $3,300.00 6 Pavement Repair (As Required) I 1 LS $2,500.00 $2,500.00 Urban Engineering 2725 Swantner Corpus Chdsti, TX 78404 1-361-854-3101 C-2 Eng: 3im Urban February 21, 2003 By: C.R.R. Job No. 37167.00.00 PRELIMINARY COST ESTIMATE RODD FIELD SUBDIVISION ITEM DESCRIPTION QUAN. QUAN. + UNIT UNIT TOTAL 16% PRICE COST ADDITIONAL WATER LOOP SUB-TOTAL: $62,740.00 WATER SUB-TOTAL: $331,262.00 I F. SANITARY SEVVER IMPROVEMENTS (RO~D "F" ONLY - SEE NOTE BELOVV): I 10' C-I-P-P Rehabilitation 1,240 1,426 LF $44.00 $62,744.00 2 12" C--I-P-P Rehabilitation 340 391 LF $53.00 $20,723.00 3 Point Repair- (8-10') unpaved 4 4 EA $5,000.00 $20,000.00 SANITARY SEWER SUB-TOTAL: $103,467.00 I TOTAL ESTIMATED IMPROVEMENTS: $6~9,488.00 I CONSTRUCTION CONTINGENCES: $15,812.00 I TOTAL CONSTRUCTION: $685,300.00 I ENGINEERING $69,700.00 TOTAL BUDGET: $775,000.00 NOTE: The City cleaned and documented approximately 5,580 If of sewer line within the Rodd Field Subdivision. Howeever only 1,580 If of line is included in the current sc?, pe for line rehabilitation along Road "F". By extrapolation of the proposed sewer line improvements along Road "F", the 4,000 If of line remaining in the subdivision can likely be rehabilitated in a similar fashion for approximat,ely $261,940. urban Engineering 2725 Swantner Corpus Christi, TX 78404 1-361-854-3101 C-3 RODD FIELD PUBLIC IMPROVEMENT DISTRICT LAND ACQUISITION ESTIMATE Approximate Squa~ Value of Line Total Adjuste~ Tax ID No. Owner's Name Footage of Land per Sq. for 50% Discount Dedication Ft. 247600211220 MORALES ALBERT L I 1,471.7.' 0.57 $419.4~ 247600210210 HULL DAVIDA ! 16,271.3; 0.22 $1,871.2( 247600210226 JOHNSON MICHAEL E i 1,033.2~ 0.5c. $304.8; 247600210239 GLENDENNING COLLINS REEDI 450.0( 0.57 $128.2! 247600210213 HANOLEY SHIRLEY JONES I 34,345.2, 0.25 $3,949.7( 247600210273 WILSON WILLIAM HI 10,031.3{ 0.3.~ $1,755.4~ 7~ 247600210274 WILSON WILLIAM H i 0.0( 0.3.~ $0.0( 8 247600210212 iHULL DAVID A I 4,754.7, 0.4( $1,141.1, 9247600210272 ~ROOKS THOMAS ET UX J 1,878.3~ 0.5~ $544.7' 10 247600211222 ~ROOKSTHOMASWETUXBO~NIE 0.0( 0.5~ $0.0( 11 247600210224 vlORALES ALBERT L I 1,569.01 0.57 $447.1; 12247600210218 -IEINAMAN AUBREY H ET UX J 9,324.89 0.5( $2,704.2; 13 247600210275 JEINAMAN AUBREY HERBERT I 0.00 0.5( $0.00 14 247600210278 ~AFFIOTI THOMAS M 3,557.99 0.5; $1,014.03 15247600210270 ~HAW WILLIAM J/ 14,774.65 0.5; $4,210.78 16247600210219 =EAL AIR COND CO CIO PATRIC~K JESSE PEAL 6,181.73 0.51 $1,792.70 17 247600210268 ~IANAKWM L 6,185.13 0.51 $1,793.69 18 247600210260 ;HAW WILLIAM j~1 10,581.85 0.51 $3,068.74 19247600210266 ~,SHER GUY R %NANCY BEATOi~ & JACK MC C 11,883.95 0.4~ $2,852.15 20 247600210267 ~SHER GUY R %NANCY BEATOI~I & JACK MC C 0.00 0.5~ $0.00 21 247600210265 ~ODD INDUSTRIES INC~ 7,470.03 0.58 $2,166.31 22 247600210269 ~/ESELYJERRYJ JRETUXJAC~UELINEG 2,870.67 0.58 $832.49 23247600210271 VESELY JERRY J JR ETUX JAC~UELINE G 0.00 0.58 $0.00 24 247600210222 SALAZARELOY Hs 55,167.8C 0.04 $1,103.3~ 25 247600210263 MAJEK JOHN M JR ET UX I 5,469.2C 0.57 $1,558.72 26 247600210252 MAJEK KATHRYNE L 2,991,4.~ 0.57 $852.5~ 27 247600210255 MAJEK PROPERTIES LLC 0.0(~ 0.57 $0.00 28 247600210256 SERVO-DYNAMICS INC 0.0(~ 0.59 $0.00 28 247600210257 SCHURY PHYLLIS 0.0{~ 0.58 $0.0(~ 38 247600210259 HARTUNG JERRY R 1,398.81 0.58 $405.6.~ 31 .~47600210254 ;ARZAFERNANDOMANDELO~AGGARZA 906.2.~ 0.58 $262.81 32 .~47600210216 MAJEKPROPERTIESLLC 2,665.9.~ 0.57 $759.8C 33 _~47600210250 SALMON CHARLES ASR 14,221.67 0.48 $3,413.2( 3~1 ~47600210235 BENDER JOSEPH 13,955.8." 0.48 $3,349.4( 3.= ~47600210230 BENDER JOSEPH 0.0( 0.48 SOD( 3~ ~47600210240 ISLAVISTALLC 9,570.5( 0.34 $1,627.0( 3~ ~47600210245 SUNRISE PROPERTIES LP 4,395.3.~ 0.57 $1,252.67 3~ ~47600210249 GUNTER BUDDIE ET UX BARBA 2,355.5( 0.57 $671.3~ 3~ ~47600210264 GUNTER BUDDIE ET UX BARBA 0.0( 0.57 $0.0( 4~ ~47600210247 GUNTER BUDDIE ET UX BARBA...~ 822.6.~ 0.57 $234.4( 41 ~47600210277 ½UNTERBUDOYANDBARBAR.~GUNTERWFE 824.4( 0.57 $234.97 4~ ~47600210248 SUNRISE PROPERTIES LP 0.0( 0.4~ $0.0( 43 ~47600210284 MORROW SERVICESCO 4,198.1: 0.4~ $1,007.5! 4a ~47600210280 ESPARZA JULIAN T ET UX 523.2( 0.5~ $151 4~ 247600210281 ~ALMON CHARLES ALS 1,531.2z 0.5c. $451.7.' 4( Z47600210282 KOClAN MICHAEL A ET UX SU 2,857.41 0.5~ $828.6; 43 ~47600210289 RUZICKAWILLIAMJ 2,855.0~ 0.57 $813.7( 4~ Z47600210288 GIDLEY DALE PJSYDNA A GlO Dt3A DALE*S IMPORT SERVICE 2,057.3~ 0.57 $586.3.~ 4.¢ ~47600210221 WIMER NORMAN KEITH 4,122.1~ 0.3~ $700.7; 5( :)47600210237 CASTANEDAFRANKA 947.6~ 0.4~ $227.4; 5t :)47600210232 BRATrON MARK P 0.0( 0.25 $0.0( 5.' 247600210234 KOClAN MICHAEL A AND DAVID C KOCIAN 10,174.3{ 0.2~ $1,170.0~ 5~ ~47600210215 KOCIAN MICHAEL A AND DAVID C 0.0( 0.25 $0.0( 5~ 247600210242 JICHARONAKARONALDJICHA 1,188.4; 0.4( $285.2: 5.' 247600210241 HAEBER&ROSALESROOFING 12,204.3{ 0.3~ $2,074.7, 5{ 247600210279 COX DON 4,655.2, 0.4~ $1,117.21 51 ~47600210258 COOK RICHARD BINELLE S REVOCABLE LIVING TRUST 7,127.8; 0.4( $1,710.6~ 51 NA Rodd Field Enterprises (streets) ~ 184t436.7! 0.5( $451882.70 ITotel $103,731.52 Round Up To $105,000 C-4 PROPOSED RODD FIELD PUBLIC IMPROVEMENT DISTRICT C S H ~NOLEY · .~OR ROW SR T. BENDER :_ 'SALAZAR .j 0 ' 2_00 400 -- ---- PROPOSED DISTRICT BOUNDARY I · I I PROPOSED 8" WATER LINE C-5 PROPOSED RODD FIELD PUBLIC IMPROVEMENT DISTRICT MA~iA& II 0 200 ~ --.-.-- PROPOSED DISTRICT BOUNDARY ~ B B PROPOSED WASTE'WATER LINE & MANHOLES C-6 PROPOSED RODD FIELD PUBLIC IMPROVEMENT DISTRICT / / j G. WE~J-$ C $ SR 0 200 400 -.----PROPOSED DISTRICT BOUNDARY ~ PUBLIC ROAD REQUIRES ROAD DEDICATION C-7 ATTACHMENT D Rodd Field PID Assessment Plan Staff has prepared this Assessr recommendation of assessment r 2 is the Preliminary Assessm~ Assessment Method, which St; Staff has had two recent meetin meeting held March 24, 2003, w~ discuss possible assessment mE property owners as to which asse them as to their preferences. Pa! second meeting held July 1,200; survey, announce which assessrr any pertinent questions. Staff rec, makes this recommendation for t lent Plan to present a Preliminary Assessment Roll, lethod and justification of choosing this method. Page D- ~nt Roll. This was prepared using the Acreage ff recommends. ;Is with the Rodd Field PID property owners. The first to update them on the progress of the project and to thods. Being unable to reach a consensus among the ;sment method to use, the decision was made to survey le D-3 provides an overview of the survey results. The was to notify the property owners of the results of the ent method Staff will recommend to Council and answer )mmends using the Acreage Assessment Method. Staff le following reasons: The majority of property owners support this method (See the survey results in Page D-4). Chapter 372 of the Texas Local Government Code mandates that the following criteria be met: Signed petitions to account for more than 50% of the total value within the district boundaries; and either · Signed petitions to account for more than 50% of the number of owners on record within the district boundaries; or · Signed petiti[~ns to account for more than 50% of the total area within the district boundaries Page D-5 provides calculations based upon the survey responses. The responses indicate that only the Acreage Assessment Method can provide enough support to meet the criteria established in Chapter 372. Moreover, in Resolution No. 024261, Section le (Page A-3), City Council established square footage as the method of assessment. D-1 PRELIMINARY OWNER ASSESSMENTS RODD FJELD PUBLIC IMPROVEMENT DISTRICT ACREAGE ASSESSMEN'[' OPTION 13-2 Overview of Assessment Method Survey Results The rankings are as follows: 1. Assessment Option A (acrea.~e): The owners marked it as acceptal~le. 2. Assessment Option D (weigh 2.39. However, only 37% of: 3. Assessment Option C (averai However, only 32% of respo: 4. Assessment Option B (total x owners marked it as acceptal: Assumptions: 1) Those who signed assessment method that had the over not previously signed would not su average rank is 1.86.74% of respondent :ed 2/3 acreage & 1/3 value): The average rank is espondent owners marked it as acceptable. e of acreage and value): The average rank is 2.61. ~dent owners marked it as acceptable. alue): The average rank is 3.14.37% of respondent lc. the survey previously would support only the ~11 least cost for their property. 2) Those who have )on any of the assessment methods. lfwe used the Acreage Assessmen The owner of the lsla Vi~ acreage assessment meth owners with 70.7% of th criteria. the following scenario could be assumed: ta property has indicated that he would sign if the ~d were used. That would give us 56.1% of the total value and 43% of the area. Meets legal If we used the Value Assessment ~nd the same assumptions: Handley, Salazar, and Welter all would sign in this scenario. However, we would lose many owner~ that previously signed. We would then have 19.5% of the owners with 25.6% of the area but only 10.3% of the total value. Does not meet legal criteria. lfwe used the Assessment Weighled 'A Acreage & ~ Value and the same assumptions: · -) Salazar will sign. We would have 14.6% of the owners with 20.7% of the area and 12.7% &the total value. Does not meet legal crileria. lfwe used the Assessment Weighled 2/3 Acreage & ~/3 Value and the same assumptions: · -) We would have 14.6% 0fthe owners with 12.7% of the area and 22% of the total value. Does not meet legal criteria. D-3 Ro(td Fiel{I Public Imixovement District Assessment MethOd Survey Results Rodd Field Public Improvement District Percentages to Determine Compliance with Legal Criteria Sorted by Assessment Method 57 41 85.89 ~ted 2/3 Area & 1/3 Value Number Percent Yes No Total Yes No Total Properties 11 46 57 19.3% 80.7% 100.0% 35 41 14.6% ~1 Value $688 $2,445,432 $3,133,676 22.0% 78.0 100.0% 10.~ 74.99 85.89 12.7% 100.0% D-5 Proposedi Rodd Field Public Improvement District Presentation to City Council September 16, 2003 ~ ~ (~hJ:Jsli Issue · Establishment of a public improvement district for Rodd Field Village for the purpose of eliminating blighted conditions and improving the health, safety and welfare through: · Platting all of the properties within the proposed district. · Providing a financing mechanism through the use of City and private funds for the installation of public infrastructure. · Furthering the objective to ensure that existing and future development is in compliance with state and local development regulations and building codes. Previous Council Actions · October 1 ~, 2000 - Resolution No. 024261 Authorized] the City Manager to explore the feasibility of establisl~ing the public improvement district - Established - Established · July 22, 200 - Scheduled · August 26, proposed district boundaries proposed public improvements - Motion ublic hearing for August 26, 2003 003 - Motion - Reschedule{d public hearing for September 16, 2003 Resoluti0n No. 024261 · Authorized City Manager to: · Hire a surveyor to survey the proposed district · Hire an engineer and surveyor to prepare a plat of the property within the district · Identify any property that needs to be acquired by dedication, purchase or condemnation · Prepare final cost estimates for the construction of the proposed improvements · Prepare a preliminary assessment roll Staff has completed each of these objectives 2 Resolution No. 024261 Directed Cit/~ Manager to make the following recommendations: · RecommeMl adjustments in the boundary of the proposed district · Recommend the specific improvements that should be constructed · Recommend the method that should be used for assessing the appropriate costs to the property owners · Recommend the apportionment of cost between the improvement district and the City · Recommend how to fund the City's share of the costs Recommendation #1: Adjustments to district boundaries Staff has received two property owner requests to adjust the district boundaries (Boundary Adjustment Request A Property Ow: ~er: Mark Bratton .q in n the latted, ded · Subject parc blue · Property ow ~er requests that the property be removed fro district · Property is [ but not reco~ Recommendation: Deny Request · The opportunity existed to plat this property before Council established the district boundaries · Any withdrav~al would create a negative impact upon other property owne~rs _ Per acre ownler assessment would increase fi'om $9201.42 to $9710.83 for remaining property owners · A withdrawal icould encourage others to petition for withdrawal. This would lead to erosion of support and possible dissolution of the district. A dissolution would mean that necessary improvements and platting could not take place 4 Recommendation: Deny Request · However, ~taffrecommends that the property o~ner receive a credit to his assessmenll in the amount he incurred to plat the property, specifically: - SurveyorJengineer platting fees - City-impOsed development fees Boundary Adjustment Request B Property Owner: Eloy Salazar · Subject property in blue · Property owner requests reconfigurafion of lot · Current configuration unsuitable for development Recommendation: Approve Request · Approval is recommende ~ as long as lot acreage rem~ ins the same · Proposed configuratior and boundary adjustment shown to right Recommendation #2: Specific Improvement Recommendations The following slides illustrate the recommended water, wastewater and street improvements 6 Water System Improvements · Proposed improveme: the water s) estimated a $331,262 ~ts to stem Wastewater System Improvements · Proposed improvements to the wastewater system estimated at $103,467 Street Network Improvements · Proposed improvements to the street n~twork estimated ~t $234,759 Recommendation #3: Method of Assessment Staff recommends assessing the district costs based upon the lot area of each lot · City Council supported this method in Resolution No. 024261 · Based upon a survey of property owners, this is the only method that has enough support to meet the legal criteria set forth in the Texas Local Government Code 8 Texas Local Government Code Chapter 372 Requirements · Signed peti!ions from property owners accounting for more th~n 50% of the total appraised value within distr{ct boundaries; and either: · Signed petiiions from property owners accounting for more th~n 50% of the number of owners on record withln district boundaries; or · Signed petitions from property owners accounting for more than 50% of the total area within district boundaries Survey Results IBasedupon a survey property owners, of the if the acreage method of assessment is used there would be enough signed petitions to account for: · 70.7% of the total appraised value within district boundaries · 56.1% of the property owners on record within district boundaries · 43% of the total area within the district boundaries No other method of assessment received enough support to account for more than 25.6% of any of the three criterion Recommendation #4: Apportionme Consistent recommenc · Total Costs: · Costs apport · Costs apport nt of Costs ith Resolution No. 024261, Staff s the following apportionment of costs: $880,000 [oned to district: $790,300 ioned to the City:$89,700 Recommendation #5: Funding of City's Portion of Costs CDBG funding has been used to fund the City's portion of the total project costs. 10 Page I of 6 ORDINANCE DETERMINING AD~ IMPROVEMENTS; ASSESSMENT METHO DISTRICT AND CI'I'~ PRELIMINARY ASSE ESTABLISHING THE flSABILITY, NATURE, AND COST OF )ETERMINING DISTRICT BOUNDARIES, ~), AND APPORTIONMENT OF COSTS BETWEEN AS A WHOLE; APPROVING AND FILING }SMENT ROLL; AND AUTHORIZING AND ODD FIELD PUBLIC IMPROVEMENT DISTRICT. WHEREAS, with proper notic~ to the public and to the property owners in the proposed district under § 372.009 Texas~ Local Government Code, a public hearing was held on Tuesday, September 16, ,200:~, during a meeting of the City Council, in the Council Chambers, at City Hall, in the~ity of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council dosed the public hearing on Tuesday, September 16, 2003 without adjournment; WHEREAS, this Ordinance was adopted on first reading on Tuesday, September 16, 2003, and is adopted on secoad and final reading on Tuesday, September 23, 2003, during the six-month period after the date of the final adjournment of the public hearing under § 372.009 Texas Local Government Code, as required by § 372.010; WHEREAS, the City Council has determined that this Ordinance would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens; WHEREAS, when the City anr~exed the Rodd Field Village in 1989, the City recognized the area posed a unique situation for the City and accepted modified development standards in the annexation service plan; WHEREAS, when the City of Corpus Christi annexed the Rodd Field Village, the service plan (a copy of the service plan is attached to this Ordinance as Exhibit 1) spelled out which improvements the City would maintain and the conditions under which the City would assume responsibility; WHEREAS, in 1991, the City tried to get the Rodd Field Village property owners to agree to fund the needed infrastructure improvements, but could not gain the agreement of all of the property owners; WHEREAS, no public improvements have been installed by the property owners since Rodd Field Village was annexed but the City installed a sanitary sewer lift station and sanitary sewer line that connected the private sanitary sewer lines to the City's sanitary sewer system; H:~LEG-DIR\DoyleO.Curtis~MY'DOCS~003\P&ZONING 28~Public ImptovD,ist~RoddFiel dPID~091003DC.Clean Ordinanc. Finding^dvisabl.ib/Etc&.Creafing. District,wpd Page 2 of 6 WHEREAS, the property ownem have not made the improvements needed for the City to assume responsibility for maintenance of water and sewer lines and private streets under the service plan; WHEREAS, many of the individual tracts of land within the Rodd Field Village do not have direct access onto a dedlcated public street or easements to give them access to a dedicated public street; WHEREAS, only two tracts of WHEREAS, the owners of unl: building permits because of A~ lawfully improve their propertiE WHEREAS, those owners wh( been unable to plat their prop( site public improvements and ~ land within the Rodd Field Village are currently platted; latted land within the Rodd Field Village cannot obtain ticle V, Section 6 of the City Charter and are not able to s; have previously looked into platting their property have ,rty due to the high costs of installing the necessary off- )btaining legal access to their property, WHEREAS, some of the property owners within the Rodd Field Village have gotten together in an effort to remedy{ the current situation by asking the City Council to order the creation of a public improV~ement district, under Chapter 372 of the Texas Local Government Code, in the Rod~d Field Village; WHEREAS, in order to assist these property owners, the City's staff have met with the property owners on numerous! occasions, drafted a preliminary conCept plan, prepared rough costs estimates for construction of the improvements, and had some preliminary survey work performed; WHEREAS, several property ewners circulated petitions to the other property owners within the area for the establishment of the Rodd Field Public Improvement District; WHEREAS, the property owners or the representatives of the property owners purporting to represent more than 50 percent of the appraised value of taxable real property within the Rodd Field Village have signed petitions asking the City Council to establish the Rodd Field Public Improvement District; WHEREAS, the property owners or the representatives of the property owners purporting to represent more than 50 percent of all record owners of property within Rodd Field Village that will be iliable for assessment if a public improvement district is established have signed the petition; WHEREAS, the petitions to establish the Rodd Field Public Improvement District have been filed with the City Secretary; and H;~.EG-DIR\Doy~eD.Curtis~MYDOCS~2QO3~P&ZONING .28~Public ImplovD.isl~RoddFiel.dPID~091003DC.Clean. Ofdinanc. Finding .Advisabl.ityEtc&.Creafi ng Dist rict.wpd Page 3 of 6 WHEREAS, the members of the City Council have reviewed the petitions filed by the property owners and their authiodzed representatives and believe the petitions are sufficient to implement the proCess to establish a public improvement district; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: ~ SECTION 1. Based on our review of the petitions filed by property owners and their authorized representatives an~ the supporting information received during the public hearing and the presentation qf the feasability report by City staff, the City Council finds: a. A sufficient number Of property owners within Rodd Field Village have expressed interest in th~ establishment of a public improvement distdct under Chapter 372 of the Local Government Code to formally initiate the process to establish the proposed Rodd Field Public Improvement District. b. The boundaries of the Rodd Field Public Improvement District are established as described in Exhibit 2 attached to this Ordinance. as Exhibit 2. c. The proposed street improvements, water distribution mains, fire hydrants, and sanitary sewers lines within Rodd Field Village, as described in Exhibit 3 of this ordinance, will confer special benefits to the Rodd Field Village, are necessary for the orderly development of the area, will improve public health and safety of those who work and reside in the area, and are advisable,. d. The estimated cost of the improvements is approximately $880,000 (including $89,700 for engineerin$costs to be paid by City). A detailed preliminary cost estimate is included in Exhibit 3. e. The costs of the improvements should be apportioned between City and property owners within the proposed public improvement district as follows: 1. The City will pay the following costs: (a) The costs of all future maintenance of the roads, water lines, sewer lines, and storm sewers that are owned by the City within dedicated street rights-of-way, drainage rights-of-way, or utility easements. (b) The costs of preparing the engineering drawings and contract administration for the installation of the improvements. (c) All costs, including the costs of surveying the District and individual lots, involved in platting all of the property located within H :\L E G-OIR~Doyle D. C u rtis~,lYOOCS~003\P &Z ON lNG. 28~Public I m pto vD i st~RoddF i el. d PIO~391 O03DC. Clean. O rdinanc. Finding .Advisabi.ityEtc&. C reati rig. O i strict.wpd Page 4 of 6 the District. (d) The City will accept payment of the assessments by the property awners in lieu of any required water and sewer lot/acreage fees. 2. The property initial repair, repl lines, and sanital Assessment Roll )wners within the proposed district will pay the cost of the lcement, and installation of the required roads, water sewer line, as detailed in Exhibit 4, the Preliminary f. The cost apportionec~ :o the district will be assessed against the property owners based upon the~ square footage of property owned within the district. SECTION 2. The Rodd Field~ublic Improvement Distdct ("District") is authorized and established as described in S~ction I above. Exhibit 4, THE PRELIMINARY ASSESSMENT ROLL is appreved and the City Secretary shall file a copy SECTION 3 The City Manager, or his designee, is authorized and directed to: Hire a surveyor to sarvey proposed district. b. Hire an engineer and surveyor to prepare a plat of the property within the district. c. Hire an engineer to prepare detailed construction design documents of the proposed improvementls. d. Identify any property that needs to be acquired by dedication, purchase, or condemnation. e. Solicit bids for the Construction of the improvements. f. Prepare final costs estimates for the construction of the proposed improvements. g. Recommend how te fund the City's share of the project cost. h. Prepare a proposed assessment roll. I. Prepare an ongoing service plan for the District and present the plan to the City Council for review and approval. The service plan must cover a period of at least five (5) years and must define the annual indebtedness and projected costs for improvements. The plan shall be reviewed and updated annually for the purpose of determining the annual budget for improvements (§ 372.013 Texas Local Government Code). H:~L EG-DIR~:)oyleD C ur tisg~YDOCS~2003~P&ZONIN G 28~Public.lmprovD isl3RoddFiel dPID~091003DC,CleanO~dinanc Finding Advisabl.i[yEtc& Creating. District wpd Page 5 of 6 SECTION 4 The City Secretary or his designee shall publish the caption of this ordinance one time in the official publication of the City. As required by § 372.010 Texas Local Government Code, the authorization for the Rodd Field Public Improvement District takes effect after publication. ATTEST: Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI Samuel L. Neal, Jr. Mayor APPROVED 3 September 2003 Doyle D. Curtis Chief, Administrative Law Section Senior Assistant City Attorney For City Attorney H:~LEG-D IR~DoyleD C u rtis~MYDOCS~2003~PSZONING 28',Public. Iml~rovD.isflRodd F iel dPID~091003 DC. C lea n. Ordinarm. Finding Jkdvisabl.ityEtc& .C rearing. District.wpd Page 6 of 6 That the foregoing ordinance was read for the first time and passed to its second reading on this the 16th day of September, 2003, by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garret William Kelly Rex A. Kinnison Jesse Noyola Mark Scott That the foregoing ordinance ~as read for the second time and passed finally on this the 23rd day of September 200{3, by the following vote: Samuel L. Neal, Jr. William Kelly Brent Chesney Rex A. Kinnison Javier D. Colmenero Jesse Noyola Melody Cooper Mark Scott Henry Garret PASSED AND APPROVED on the 23rd day of September, 2003. ATTEST: Armando Chapa City Secretary boyle-D (,~rtis "' Chief, Ao'rhinistrative Law SeCtion Senior Assistant City Attorney For City Attorney Samuel L. Neal, Jr. Mayor, The City of Corpus Christi H :~EG-DIR~DOyleD. C u~1isW~YDOCS~2OO3~P&ZONING, 28',PublK;.ImprOvD.ist~RoddFiel dPID~091003DC.Clean. Ordinanc. F inding.Advisabl ityEtc&CrealJng. District.wtxl 13 NO ATTACHMENT FOR THIS ITEM 14 CITY COUNCIL AGENDA PRESENTATION MEMORANDUM AGENDA ITEM: ~ Presentation of 4th Quarter F~'2002-2003 Budget/Performance Report STAFF PRESENTER(S): Name / . Title/Position Department 1. Mark L. McDaniel Exec~ut~v.e Director- .Support Svces. 2. Cindy O'Brien Actil~g Director- Office of Management and Budget ISSUE: The 4th Quarter Report for the was distributed to the City Cou presented for Council review. period ended July 31,2003 has been completed and lcil on September 9, 2003. The report is now formally REQUIRED COUNCIL ACTION: No formal action is required. Acting Director of Management and Budget Copy of PowerPoint X FY2002-2003 Budget/Performance Report 4th Quarter Period Ended July 31, 2003 Corpus Christi 2003 Introductory Remarks 11 The City Council Goals/Issues have been updated and ar- in-cluded as a separate section. Final audited results will be reflected in the City's Comprehensive Annual Financial Report (CAFR), due to be completed in November, 2003. 110 100 11 60 50 40 30 20 10 0 General Fund YTD Revenues 113 114 128 Property Tax Other Taxes Franchise Fees Solid Waste Municipal Court Other Revenue YTD 2000-01 0 YTD 2001-02 ■ YTD 2002-03 General Fund YTD Expenditures General Govt Public Safety Solid WasteSwes. Devebpmeru. Parks & Rec./ Health Swes Street Swes. Swes. Library 0 YTD 2000-01 M YTD 2001-02 0 YTD 2002-03 General Fund Fiscal Notes ➢S'torm/tornado related costs ➢Vales Tax audit adtment - 796 __1__25 ➢S'igni scant measures to curtail overall operating costs Year End Result: Preliminary net increase of $1.3M in unreserved fund balance 160 OM 120 100 80 60 40 20 0 Enterprise Funds YTD Revenues Water Gas Wastewater Airport Ambulance Golf Marina FM YTD 2000-01 ■ YTD 2001-02 IN YTD 2002-03 170 160 150 140 130 120 110 100 90 80 70 60 a 50 40 30 20 10 0 Enterprise Funds YTD Expenditures Water Gas Wastewater Airport Ambulance Golf Marina EM YTD 2000-01 ■ YTD 2001-02 ■ YTD 2002-03 Combined Utilities Fiscal Notes ➢S"torm/tornado related costs Lower water sales ➢Higher PGA `pass through" ➢S'igni scant measures to curtail overall operating costs Year End Result: Programmed draw down of fund balance Internal Service Funds YTD Revenues Stores Maintenance MLS Engineering Risk Svices. Svices Management IN YTD 2000-01 ■ YTD 2001-02 ■ YTD 2002-03 120 100 80 60 p� 40 20 0 Internal Service Funds YTD Revenues Stores Maintenance MLS Engineering Risk Svices. Svices Management IN YTD 2000-01 ■ YTD 2001-02 ■ YTD 2002-03 11M Internal Service Funds YTD Expenditures 20 10 C Stores Maintenance MLS Engineering Risk Styes. Styes Management YTD 2000-01 ■ YTD 2001-02 0 YTD 2002-03 60 50 a 40 30 20 10 C Stores Maintenance MLS Engineering Risk Styes. Styes Management YTD 2000-01 ■ YTD 2001-02 0 YTD 2002-03 Risk Management Fund Fiscal Notes ➢ Self insurance claims lower than earlier budget estimates ➢�'mnleyee hisida accounted for separately as a `pass through" ➢ General liability remediation work funded directly by departments Year End Result: Improved year end position compared to earlier budget estimates Special Revenue Funds YTD Revenues Hotel Reinvestment Reinwstment Seawall Arena Facility Visitor's LEPC Crime District Occupancy Zone # 1 Zone #2 Improvement Facility YTD 2000-01 ■ YTD 2001-02 ■ YTD 2002-03 150 140 130 120 110 100 90 80 70 60 50 40 30 20 10 0 Special Revenue Funds YTD Expenditures Hotel Reinvestment Reinvestment Seawall Arena Visitor's LFPC Crime Occupancy Zone #1 Zone #2 Improvement Facility Facility District YTD 2000-01 0 YTD 2001-02 ■ YTD 2002-03 Hotel Occupancy Tax & Visitors Facility Funds Fiscal Notes ➢Decrease in tourism (HOT tax receipts) ➢Significant measures to curtail overall operating costs for convention center Questions & Comments Corpus Christi AIl-.Amedea City 2003 15 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Bond Issuei 2000 Quarterly Report #9 STAFF PRESENTER(S): Name Title/Position Department 1. 'Angel R. Escobar, P.E. Director Engineering Svcs. OUTSIDE PRESENTER(S): Name Title/Position Organization 1. N/A ISSUE: This is a quarterly report on the status of the voter-approved Bond Issue 2000 projects BACKGROUND: On Tuesday, November 7, 2000, the City of Corpus Christi held an election to consider a number of ballot propositions to fund major capital improvements for the community, Bond Issue 2000. The November 7, 2000 election was held jointly with Nueces County and coincided with the Presidential Election. The Bond Issue 2000 package includes $30.8 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Public Health and Safety, Parks and Recreation/Museum, and Street Improvements projects. The approved projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. REQUIRED COUNCIL ACTION: None Required / nt Head Signature) 16 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: September 23, 2003) Case No.: 0803-01~ ,R~_,,onda 1V~cGinle¥-Lehnert: ^ change of zoning from an "R-lB" One-family Dwelling DisWict to an "AB Profes~bnal Office District on Flour Bluff Gardens, Block 3, Lots 13 and 14, located along the southwest comer of Waldron Road and June Drive. Planning Commission and Staf~"s Recommendation (08/13/03): Approval. Requested Council Action: Approval of the "AB" District. Purpose of Request: To bring single-far'ally residence with real estate office into zoning conformity. Summary: The applicant has requested a change of zoning to an "AB" Professional Office District, in order to convert a single family residence with al home occupation real estate office to a primary real estate office with a residential use. The structure is a 1,400~quare foot residence, whereby the owner lives and utilizes a portion of the structure for a home occupation real estate office. The zoning ordinance home occupation definition allows a real estate office/agent to operate out of a r~sidence as a secondary use and may employ one (1) person outside the family. The owner intends to convert the residence to a primary real estate office with living accommodations for herself. In addition to retaimng the one- (1) non-family full time employee, the owner is anticipating the employment of three (3) part-time emplqyees. The hours of operation are Monday through Friday from 8:30am to 5:30pm, Saturday, 9:00am to 1:00pm and on Sunday 1:00pm to 3:00pm. The property is located on a comer lot with frontage along Waldron Road; an arterial roadway that could handled the projected 16 vehicle trip ends per day, However, the intersecting street, June Drive, is designated as a local street and access to the property is provided along this area. Non-residential traffic traversing the June Drive area would minimally impact the residential area to the west. North of the subject property is a "R-1B" District developed with a single-family residence, a non-conforming manufactured home and a city frre station. To the south is a single- family residence in a "R-lB" District and an apartment in a "R-2" District. East of subject property, across Waldron Road, is a mobile home park zoned a "T-lB" District and to the west are vacant lots zoned a "R-lB" District. The Flour Bluff Area Development Plan's future land use map recommends the subject property and surrounding Waldron Road frontage properties to transition to office and neighborhood business uses. Applicant's Position: The applicant concurs with Planning Commission and Staff's recommendation. Notification: Of the eighteen notices marled to the surrounding property owners, four (4) were returned in favor and none in opposition. The applicant/owner of the subject property submitted a notice in favor. The 20% rule is not in effect. This case is considered nonc~mtroversial. Assistant Director of Development Servicgs/ Director of Planning MG/FGM/er Attachments.: 1) Zoning Report 2) Comments Received 3) Planning Commission Minutes 4) Ordinance H:~P LN-DIRXERIvIA\WORD~AGENDM EM\0803 -01 AGENDAMEMO.DOC CITY COUNCIL ZONING REPORT Case No.: Planning Commission Hearing Date: Map No.: Applicant: Legal Description/Location: 0803-01 Augustl3,2003 G18D R~ondaMcGinley-Lehnert Purpose of Request Zoning Change Requested Due to Notice of Violation: Adiacent Zoning: Area of Request: Lot(s) Area: Current Zoning: Request: Current Use of Property: 0.40 acre (17,550 square feet) Same as above. "R- 1B" One-family Dwelling District "AB" Professional Office District Single-family residence with home occupation real estate office. Real Estate office and residence. None. North, South, West - "R-lB" One-family Dwelling District East - (across Waldron Road) "T-lB" Manufactured Home Park District Flour Bluff Gardens, Block 3, Lots 1.3 and 14, located along the southwest comer of Waldron Road and June Drive. Zoning Report Case No. 0803-01 (McGinley-Lehnert) Page 2 Adjacent Land Use: North - Single-family residence and City Fire Station. South - Single-family residences and apartment. East - (across Waldron Road) - Manufactured home park. West - Vacant lots and single-famiily residences. Number of Residential Units Allo~ved: "R-lB" - 2 units (7.26 dwelling u.~its per acre) "AB" - 14 units (36.30 dwelling ~inits per acre) Estimated Traffic Generation: General Office - 11.50 average weekday vehicle trip ends per 1,000 square feet of gross floor area x 1,400 square feet of gross floor area = 16.10 average weekday vehicle trip ends. Adjacent Streets/Classification: a) Waldron Road- arterial b) June Drive - local Right-of-Way Design Current: a) 100-foot fight-of-way with a 70-foot back-to-back paved section. b) 40-foot right-of-way with a 20-foot back-to-back rural paved section. Planned: a) Same as current. b) 50-foot of right-of-way with a 28-foot back-to-back paved section. Traffic Count (24-hour~ weekda~{~ non-directional): a) 19,554 vehicles per day b) None available. Zoning History of Property: There has not been any rezoning activity on the subject property within the past five- (5) years. Zoning Report Case No. 0803-01 (McGinley-Lehnert) Page 3 Recent Surrounding Zoning Case~: July 8, 2003, Flour Bluff Garden Unit 2, Block A, Lots 1, 2, 3, 50, 51 and 52 were rezoned from a "R-1B" One-family Dwelling District to a "B-1" Neighborhood Business District for a car wash. Planning Staff Analysis: General Characteristics and l~ackground: The applicant has requested a change of zoning to an "AB" Professional Office District, in order to convert a single family residence with a home occupation real estate office to a primary real estate office with a residential use. The structure is a 1,400 square foot residence, whereby the owner lives and utilizes a portion of the structure for a home occupation real estate office. The zoning ordinance home occupation definition allows a real estate office/agent to operate out of a residence as a secondary use and may employ one (1) person outside the family. The owner intends to convert the residence to a primary real estate office with living accommodations for herself. In addition to retaining the one- (1) non-family full time employee, the owner is anticipating the employment of three (3) part-time employees. The hours of operation are Monday through Friday from 8:30am to 5:30pm, Saturday, 9:00am to 1:00pm and on Sunday 1:00pm to 3:00pm. The property is located on a comer lot with frontage along Waldron Road; an arterial roadway that could handled the projected 16 vehicle trip ends per day. However, the intersecting street, June Drive, is designated as a local street and access to the property is provided along this area. Non-residential traffic traversing the June Drive area would minimally impact the residential area to the west. North of the subject property is a "R-lB" District developed with a single-family residence, a non-conforming manufactured home and a city fire station. To the south is a single-family residence in a "R-lB" District and an apartment in a "R-2" DistriCt. East of subject property, across Waldron Road, is a mobile home park zoned a "T-lB" District and to the west are vacant lots zoned a "R-lB" District. The Flour Bluff Area Development Plan's future land use map recommends the subject property and surrounding Waldron Road frontage properties to transition to office and neighborhood business uses,. Potential Housing Density: Residential development in the "R-lB" District is limited to 7.26 dwelling units per acre or two (2) units on the subject property. An "AB" District permits a density of 36.30 dwelling units or fourteen (14) units on the subject property. Height/Bulk/Setbacks/Etc.: The "R-lB" District requires a front yard setback of 25 feet and side and rear yard setbacks of five (5) feet each. An "AB" District requires a front yard setback of twenty (20) feet and a ten (10)-foot side and/or rear yard setback. The "R-lB" District limits building heights to 35 feet, not to exceed three (3) stories. Building height in the "AB"District is limited to 45 feet, not to exceed three (3) stories. Zoning Report Case No. 0803 -01 (McGinley-Lehnert) Page 4 Signage: The "R-lB" Distfiat permits one wall sign not to exceed one square foot. An "AB" District permits wall signage at four (4) square feet per tenant not to exceed twenty (20) square feet and a freestanding sign with a sign area of 20 square feet with a height of six (6) feet. Traffic: The proposed offic~ complex is estimated to generate approximately 16 daily trip ends on Waldron Road at June Drive. Traffic generated from this development would traverse the residential area'ito the east with minimal impact. Traffic generated from the proposed use could be accoibmodated along Waldron Road, an arterial. Parking/Screening: An offiqe use is required to provide one parking space for each 250 square feet of gross floor are/it or six (6) parking spaces. Proof of compliance with the parking regulations will be requiredibefore a certificate of occupancy will be issued. A standard screening fence with a heig~ of six (6) feet must be provided when a business or industrial use locates adjacent to a resi~lential district. A screening fence would be required along the south and east property lines of the subject property with a change of zoning to an "AB" District. Pros: a) Cons: a) Staff Recommendation: Attachments: (Ideas in support of the request.) Approval of the "AB" District is consistent to the Flour Bluff Area Development Plan's recommended land use. (Ideas in support ofmaintaiifing the current zoning.) Traffic from the proposed use would traverse the residential neighborhood to the west. Approval Zoning Map H:~PLN-DIR\ERMA\WORDXZONRPTS~2003\080341CCREPORT.DOC A-I T-IA 13 16 T-lB 16 15 16 BLUFF ,ENS UNIT A-2 WALDRON SQUARE CONDO 4 FLOUR BLUFF F Jul 30, 2003- EP 100 ~00 CASE Z0803.01 Subject property Owners within 200 feet listed on ottoched ownership list COMMENTS RECEIVED FROM NOTICES MAILED Case No. 0803-01 Rhonda McGinley-Lehnert · - FAVOR X - OPPOSED (Note: The listed numbers correspoBd to the attached map.) I. Notices returned from withi¢ the 200-foot notification area: Favor: 3) Collectibles Etc., Inq., Kermit Sultemeier, 818 Alden "Should go to businetss zoning due to the traffic and location." 5) Charles and Betty Ptlckett, 1820 Waldron Road "We have no objection; may be good for Flour Bluff future." 11) Rhonda McGinley-Letmert, (applicant/owner), 1828 Waldron Road No written commen'~. Estelle J. Smith, 18410 Waldron Road No written commen'~. Opposition: None. II. III. Responses received from outside the 200-foot notification area: Favor: None. Opposition: None. Responses received from owners/applicants of subject area: Favor: Rhonda McGinley-Lehnert (applicant/owner) No written comment. Opposition: None. H:~P LN-D IR~ERM A\WORD\COMM DATA\0803-01 COMM ENTS.DOC Planning comrmssion Minutes August 13, 2003 ZONING 0803-01 - Rhonda McGinley-Lehnert: REQUEST: "R-lB" Single-Family District to "AB" Professional Office District on property described as Flour Bluff Gardens, Block 3, Lots 13 and 14, and located along the southwest comer of Waldron Road and June Drive. Ms. Goode-Macon provided a computerized slide illustration of the subject property and the surrounding area. She stated thru the applicant has requested a change of zoning to an "AB" Professional Office District, in order to convert a single family residence with a home occupation real estate office to a primary real estate office with a residential use. The structure is a 1,400 square foot residence, whereby the owner lives and utilizes a portion of the structure for a home occupation real estate office. The zoning ordinance home occupation definition allows a real estate office/agent to operate out of a residence as a secondary use and may employ one (1) person outside the family. The owner intends to convert the residence to a primary real estate office with living accommodations for herself. In addition to retaining the one- (1) non-family full time employee, the owner is anticipating the employment of three (3) pan-time employees. The hours of operation are Monday through Friday from 8:30am to 5:30pm, Saturday, 9:00am to 1:00pm and on Sunday 1:00pm to 3:00pm. The property is located on a comer lot with frontage along Waldron Road; an arterial roadway that could handled the projected 16 vehicle trip ends per day. However, the intersecting street, June Drive, is designated as a local street and access to the property is provided along this area. Non-residential traffic traversing the June Drive area would minimally impact the residential area to the west. North of the subject property is a "R-lB" District developed with a single-family residence, a non-conforming manufactured home and a city fire station. To the south is a single-family residence in a "R-1B" District and an apartment in a "R-2" District. East of subject property, across Waldron Road, is a mobile home park zoned "T-lB" District and to the west are vacant lots zoned a "R-lB" District. The Flour Bluff Area Development Plan's future land use map recommends the subject property and surrounding Waldmn Road frontage properties to transition to office and neighborhood business uses. Therefore, Staff recommends approval of the rezoning request as submitted. There were 18 notices mailed to property owners within a 200-foot radius of which five (5) were received in favor and none were received in opposition. In response to Commissioner Pusley, Ms. Goode-Macon stated that the applicant would be required to erect a 6-foot screening fence. Motion by Pusley, seconded by Zamora, to forward a recommendation for approval. Motion passed with Amsler and Stone being absent. Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BYRHONDA MCGINLEY.-LEHNERT BY CHANGING THE ZONING MAP IN REFERENCE TO FI4OUR BLUFF GARDENS, LOTS 13 AND 14, FROM "R-1 B" ONE-FAMILY DWELLING DISTRICT TO "AB"PROFESSIONAL COMPREHENSIVE PLA FROM THE EXISTING PUBLICATION; AND DE~ WHEREAS, the Planning Comm recommendations concerning th~ amendment to the City of Corpu.~ WHEREAS, with proper notice t¢ August 13, 2003, during a meetir September 23, 2003, during a mi City Hall, in the City of Corpus CI to appear and be heard; and OFFICE DISTRICT; AMENDING THE N TO ACCOUNT FOR ANY DEVIATIONS COMPREHENSIVE PLAN; PROVIDING FOR ;LARING AN EMERGENCY. ssion has forwarded to the City Council its reports and application of Rhonda McGinley-Lehnert for Christi Zoning Ordinance and Zoning Map; the public, public hearings were held on Wednesday, g of the Planning Commission, and on Tuesday, ~eting of the City Council, in the Council Chambers, at )risti, during which all interested persons were allowed WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and con{/enience 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 Lots 13 and 14, Flour Bluff Gardens, located along the southwest corner of Waldron IRoad and June Drive, from "R-lB" One-family Dwelling District to "AB" ProfessiOnal Office District. (Map G18D) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section .1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. H:\LEG-DIR~JOSEPH~ONING\0803-01REG.DOC Page 2 of 3 SECTION 6. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. That upon written request of the Mayor or five Council members, copy attached, the City Council (l) finds and declares an emergency due to the n~ed 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 thislordinance is passed upon first reading as an emergency measure on this 23rd !day of September, 2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED _~¢,~ ~'~-/~2003 Joseph a~mey '[-~ Assistant City Attorney For City Attorney Samuel L. Neal, Jr. Mayor, The City of Corpus Christi H:\LEG-DtR~JOSEPH~ZONING\0803-01REG.DOC 17 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: September 23, 2003) Case No.: 0803-02~ John Mank~n: A change ofzoinng fi:oma "B-3" Business District to an "I-2" Light Industrial District on Yorkwald acres, I,ot 14, located on the east side of Waldron Road and approximately 450 feet north of Yorktown Boulevard. Planning Commission and Stafl~s Recommendation (08/13/03): Approval. Requested Council Action: App4oval of the "I-2" District. Purpose of Request: To develop an uneficlosed boat and RV storage use with an office and caretaker's quarters. Summary: The applicant has requested a change of zoning fi:om a "B-3" Business District to an "I-2" Light Industrial District, in order to develop tl~e property as an unenclosed boat and RV storage use with an office and caretaker's quarters. The subject properg~ is an undeveloped 2.348-acre tract of land located along Waldron Road and 450 feet north of Yurktown Road. V~aldron Road and Yorktown Boulevard are designated as arterial roadways. Plans for the use include asphalting the lot for the storage of unenclosed boats and RV's. Marked spaces for the boats and RV's will measure 12' x 36' to accommodate large vehicles. A manufactured home consisting of 1,680 square feet will be located on the prope~:y serving as the office and caretaker's quarters. Along the fi'ont of the property, on Waldron Road, a (6) foot WOOd privacy fence is installed and is landscaped with oleanders. On the north, south, and east boundary lines of the property a chain link fence is installed. The owner plans to replace the chain link fence along the east property line, abutting the "RE" District, with a six (6) foot wood privacy fence pending the decision of this request. The front ~/4's of the subject property is located within the Navy's designated AICUZ Accident Potential Zone 1 (APZ-1) which recommends the development of nomesidential uses that do not congregate large groups of people and/or no new residential development with a density more than one (1) unit per five (5) acres. The proposed uses meet the APZ-1 recommended guidelines for development. North of the subject property is "I-2" District property developed as a mini-storage facility, a pet care shop and a feed store. To the south is an enclosed boat and RV storage facility with a caretaker's quarters zoned a "B-3" District with a Special Permit for boat barns. Across Waldron Road to the west is Waldron Field zoned a "R-lB" District. To the east are undeveloped one (1) acre lots zoned a "RE" District. The proposed uses, unenclosed boat and RV storage with an office and caretaker's quarters are consistent with the existing land use in the area and should not adversely impact adjacent properties. The subject property has access to Waldron Road that can accommodate the estimated 94 vehicle trip ends. The Flour Bluff Area Development Plan's adopted future land use map recommends the area to develop with general commercial uses that do not congregate large groups of people and residential uses not exceeding a density of one (1) unit per five (5) acres within the Accident Potential Zone-1. The requested "1-2" District can generally be supported since the district eliminates residential uses and the proposed uses do not congregate large groups of people. Applicant's Position: The applicant concurs with Planning Commission and Staff's recommendation. Notification: Of the eleven notices mailed to the surrounding property owners, none were returned in favor or in opposition. The 20% rule is not in effect. This case is considered noncontroversial. Michael N. Gunning, AICP ~ Assistant Director of Development Services/ Director of Planning Agenda Memorandum Case No. 0803-02 (John Mankin) Page 2 MG/FGM/er Attachments: 1) Zoning Report 2) Comments Received 3) Planmng Commission Minutes 4) Ordinance H:~P LN-DIR~ERMA\WORD~AGENDMEM\0803-02AGENDAMEMO.DOC CITY COUNCIL ZONING REPORT Case No.: Planning Commission Hearing Date: Map No.: Applicant: Legal Description/Location: 0803-02 August 13, 2003 F18C John Mankin North - "I-2" Light Industrial District Adjacent ZoninR: Zoning Change Requested Due to Notice of Violation: 2.348 acres Same as above. "B-3" Business District "I-2" Light Industrial District. Undeveloped land. Develop an Unenclosed Boat and RV Storage use with an Office and Caretaker's Quarters. Not applicable. South - "B-3"/SP Business District with a Special Permit East - "R-E" Residential Estate District West - (across Waldron Road) "R-lB" District Area of Request: Lot(s} Area: Current Zoning: Request: Current Use of Property: Purpose of Request: Yorkwald Acres, Lot 14, located on the east side of Waldron Road and approximately 450 feet north of Yorktown Boulevard. Zoning Report Case No. 0803-02 (John Mankin) Page 2 Adiacent Land Use: North - Feed store, boat storage and pet care shop. South - Boat and RV storage. East - Vacant one (1) acre residential lots. West - Waldron Field. Number of Residential Units Allowed: "B-3" - Residential uses not permiaed in the "B-3" District. "I-2" - Permanent or temporary housing or lodging are not permitted except for caretaker's quarters. Estimated Traffic Generation: Mini-storage facility - 39.97 average weekday vehicle trip ends per acre x 2.348 acres = 94 average weekday vehicle trip ends. Adiacent Streets/Classification: a) Waldron Road - arterial Right-of-Way Design Current: a) 80-foot of right-of-way with a 24-foot wide rural paved section. Planned: a) 100-foot of right-of-way with a 70-foot back-to-back paved section Traffic Count (24-hour, weekda¥~ non-directional): a) Not available. Zoning History of Property: There has been no rczoning activity within the past five- (5) years. Zoning Report Case No. 0803-02 (John Mankin) Page 3 Recent Surrounding Zonin~ Case~: June 19, 2001, Casa Blanca Subdivision zoned a "RE" District from a "A-l"Distfict for the development on single-family homes on minimum one- (1) acre lots. Planning Staff Analysis: General Characteristics and ] from a "B-3" Business Distri property as an unenclosed bt: The subject property is an um and 450 feet north of York designated as arterial roadw~ of unenclosed boats and RV': to accommodate large vehicl be located on the property se: the property, on Waldron Ro~ 5ackground: The applicant has requested a change of zoning :t to an "I-2" Light Industrial District, in order to develop the at and RV storage use with an office and caretaker's quarters. [eveloped 2.348-acre tract of land located along Walclron Road town Road. Waldron Road and Yorktown Boulevard are ~s. Plans for the use include asphalting the lot for the storage Marked spaces for the boats and RV's will measure 12' x 36' s. A manufactured home consisting of 1,680 square feet will ring as the office and caretaker's quarters. Along the front of rd, a (6) foot wood privacy fence is installed and is landscaped with oleanders. On the north, south, and east boundary lines of the property a chain link fence is installed. The owner plar~ to replace the chain link fence along the east property line, abutting the "RE" District, with a six (6) foot wood privacy fence pending the decision of this request. The front V4's of the subject property is located within the Navy's designated AICUZ Accident Potential Zone 1 (APZ-1) which recommends the development of nonresidential uses that do not congregate large groups of people and/or no new residential development with a density more than one (1) unit per five (5) acres. The proposed uses meet the APZ-1 recommended guidelines for development. North of the subject property is "1-2" District property developed as a mini-storage facility, a pet care shop and a feed store. To the south is an enclosed boat and RV storage facility with a caretaker's quarters zoned a "B-3" District with a Special Permit for boat barns. Across Waldron Road to tho west is Waldron Field zoned a "R-lB" District. To the east are undeveloped one (1) acre lots zoned a "RE" District. The proposed uses, unenclosed boat and RV storage with an office and caretaker's quarters are consistent with the existing land use in the area and should not adversely impact adjacent properties. The subject property has access to Waldron Road that can accommodate the estimated 94 vehicle trip ends. The Flour BluffArea Development Plan's adopted future land use map recommends the area to develop with general commercial uses that do not congregate large groups of people and residential uses not exceeding a density of one (1) unit per five (5) acres within the Accident Potential Zone-1. The requested "I-2" District can generally be supported since the district eliminates residential uses and the proposed uses do not congregate large groups of people. Zoning Report Case No. 0803-02 (John Mankin) Page 4 Potential Housing Density: The "B-3" District does not permit dwellings, boarding or lodging houses. The requested "I-2" District does not permit permanent or temporary housing or lodging except for caretaker's quarters. Height/Bulk/Setbacks/Etc.: The "B-3"and "I-2" Districts require a from yard setback of 20 feet and no side or rear yard setbacks unless abutting a residential district where a setback of 10 feet would be required along that adjacency. Since the subject property has residential adjacency to the east, a ten- il0) foot rear yard setback is required. There are no building height limitations in the "B-3" and "I-2" Districts. Traffic: The development of the subject property as a boat and RV storage use would generate approximately 94 ~average weekday vehicle trip ends. Waldron Road could accommodate this amount o~ traffic. Screening: A standard screening fence with a height of not less than 6 feet is required when a business or indusU'ial use locates adjacent to a residential district. The subject property has residential adjacency to the east and a screening fence is required along that east boundary line. Pros: (Ideas in support of the request.) a) The proposed use is a compatible use to the boat storage use to the north and the mini-storage and boat and RV uses to the south. b) The "I-2" prohibits permanent or temporary lodging/housing that is consistent with the Navy's APZ-1 classification. c) The "I-2" District is an extension of the "I-2" District to the north. Cons: (Ideas in support of maintaining the current zoning.) a) The proposed"I-2" District is adjacent to a "RE" District to the east. b) The proposed unenclosed boat and RV facility can be accommodated through a Special Permit. Staff Recommendation: Approval. Attachments: Zoning Map H :\PLN-DIR\ERMA\WORD~ZONRPTS~2003\08034~2CCREPORT.DOC R-lB SUBJECT P/ I-2 YOF B 3,o FR 9 ACRES 16 FLOUR R-lB B Aug 4, 2003 - RP 100 500 CASE Z0803-02 Subject property Owners within 200 feet listed on attached ownership list COMMENTS RECEWED FROM NOTICES MAILED Case No. 0803-02 John Mankin · - FAVOR X - OPPOSED (Note: The listed numbers correspo~ad to the attached map.) I. Notices returned from within the 200-foot notification area: Favor: None. Opposition: None. II. III. Responses received from outside the 200~foot notification area: Favor: None. Opposition: None. Responses received from owners/applicants of subject area: Favor: None. Opposition: None. H:~PLN-D IR\ERM A\WOKD\COMM DATA\0803 -02COMM ENTS.DOC Planning Commission Minutes August 13, 2003 0803-02 John Mankin: REQUEST: "B-3" Business District to "I-2" Light Industrial District Ms. Goode-Macon stated that the applicant has requested a change of zoning from a "B-3" Business District to an "I-2" ~Light Industrial District, in order to develop the property as an unenclosed boat and RV storage use with an office and caretaker's quarters. The subject property is an undeveloped 2.348-a~re tract of land located along Waldron Road and north of Yorktown Road. Waldron Road arid Yorktown Boulevard are designated as arterial roadways. Plans for the use include asphalting [he lot for the storage of unenclosed boats and RV's. Marked spaces for the boats and RV's will measure 12' x 36' to accommodate large vehicles. A manufactured home consisting of 1,t580 square feet will be located on the property serving as the office and caretaker's quarters. Along the front of the property, on Waldron Road, a (6) foot wood privacy fence is installed antis landscaped with oleanders. On the north, south, and east boundary lines of the property a chain link fence is installed. The owner plans to replace the chain link fence along the east propbrty line, abutting the "RE" District, with a six (6) foot wood privacy fence pending the decision *fthis request. The front 3A's of the subject property is located within the Navy's designated AICUZ Accident Potential Zone 1 (APZ-1) which recommends the development of nonresidential uses that do not congregate large groups of people and/or no new residential development with a density more than one (1) unit per five (5) acres. The proposed uses meet the APZ-1 recommended guidelines for development. North of the subject property is "1-2" District property developed as a mini-storage facility, a pet care shop and a feed store. To the south is an enclosed boat and RV storage facility with a caretaker's quarters zoned a "B-3" District with a Special Permit for boat barns. Across Waldron Road to the west is Waldron Field zoned a "R-lB" District. To the east are undeveloped one (1) acre lots zoned a "RE" District. The proposed uses, unenclosed boat and RV storage with an office and caretaker's quarters are consistent with the existing land use in the area and should not adversely impact adjacent properties. The subject property has access to Waldron Road that can accommodate the estimated 94 vehicle trip ends. The Flour Bluff Area Development Plan's adopted future land use map recommends the area to develop with general commercial uses that do not congregate large groups of people and residential uses not exceeding a density of one (1) unit per five (5) acres within the Accident Potential Zone-1. The requested "1-2" District can generally be supported since the district eliminates residential uses and the proposed uses do not congregate large groups of people. Therefore Staff recommends approval of the requested rezoning request. There were 11 notices mailed to property owners within a 200-foot radius of the subject property of which none were returned in favor and none were returned in opposition. Ms. Goode-Macon stated that the "RE" District property to the rear has approximately 16 lots with 4 homes currently being developed. Planning Commission Minutes August 13, 2003 Case No. 0803-02 (John Mankin) Page 2 Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public heating was closed. Commissioner Richter was concerned with the potential impact of an "I-2" District on the "R-lB" One-family Dwelling District located directly across Waldron Road from the subject property. Staffexplained that the "R-lB" tract was NAS Waldron Field Commissioner Pusley noted for the record that he was concerned with the "I-2" rezoning and if there were other "I-2" zoned l~roperties within the area that could be developed. The applicant nor a representative were present at the public heating. Motion by Smith, seconded by Salazar, to forward a recommendation for approval. Motion passed with Amsler being absent and Zamora voting "Nay". Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY JOHN MANKIN BY CHANGING THE ZONING MAP IN REFERENCE TO YORKVVALD ACRES, LOT 14, FROM "B-3" BUSINESS DISTRICT TO "1-2" LIGHT INDUSTRIAL DISTRICT; AMENDING THE COMPREHENSIVE PI.~AN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXlSTIN(~ COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DFCLARING AN EMERGENCY. WHEREAS, the Planning Com~ recommendations concerning of Corpus Christi Zoning Ordin, WHEREAS, with proper notice August 13, 2003, during a meel September 23, 2003, during a r City Hall, in the City of Corpus to appear and be heard; and nission has forwarded to the City Council its reports and ~e application of John Mankin for amendment to the City nce and Zoning Map; :o the public, public hearings were held on Wednesday, lng of the Planning Commission, and on Tuesday, ~eeting of the City Council, in the Council Chambers, at ;hristi, during which all interested persons were allowed WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and cohvenience 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 zonirtg on Lot 14, Yorkwald Acres, located on the east side of Waldron Road and approximately 450 feet north of Yorktown Boulevard, from "B-3" Business District to Ul-2" Light Iridustrial District. (Map F18C) SECTION 2. That the official Zening Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. H:\LBG~JOSEPH~ZONING\0803-02REG.DOC Page 2 of 3 SECTION 6. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. That upon written request of the Mayor or five Council members, copy attached, the City Council (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 [ule as to consideration and voting upon ordinances at two regular meetings so that thiO. ordinance is passed upon first reading as an emergency measure on this 23r¢ day of September, 2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED Joseph Ha~ney Assistant City Attorney For City Attorney 2003 Samuel L. Neal, Jr. Mayor, The City of Corpus Christi H:\LEG-DIR~JOSEPH~ZONING\0803-02REG.DOC 18 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: TRACT A a. Public hearing to consider Sq. Ft.) of the Lakeview Cif b. September 16, 2003 bandoning and vacating a 1.445 Acre Tract of Land (62,965.30 =le street right-of-way, out of Westend Heights Subdivision. Ordinance abandoning anc vacating a 1.445 Acre Tract of Land (62,965.30 Sq. Ft.) of the Lakeview Circle street d~ hr-of-way, out of Westend Heights Subdivision; subject to compliance with the specifi .~d conditions; and declaring an emergency. TRACT B a. Public hearing to consider ~bandoning and vacating a 1.447 acres tract of land (63,025.90 sq.ft.) of the Baymoor BoUlevard and Ebony Street rights-of-way, out of the Baymoor Addition Subdivision. ~ Ordinance abandoning an~ vacating a 1.447 acres tract of land (63,025.90 sq.ft.) of the Baymoor Boulevard and !Ebony Street rights-of-way, out of the Baymoor Addition Subdivision; subject to c~)mpliance with the specified conditions; and declaring an emergency. TRACT C Public hearing to consider ebandoning and vacating a 1.629 acres tract of land (70,945.40 sq.ft.) of a portion of Nuece$ Bay Boulevard, north of the West Broadway Street right-of-way, out of the Flint Hills Resounces, L.P. Ordinance abandoning an~l vacating a 1.629 acres tract of land (70,945.40 sq.ft.) of a portion of Nueces Bay Boulevard, north of the West Broadway Street right-of-way, out of the Flint Hills Resources, L.P.; Subject to compliance with the specified conditions; and declaring an emergency. TRACT D Public hearing to consider abandoning and vacating a 0.562 acres tract of land (24,480.70 sq.ft.) of a portion of Koepke Street right-of-way, out of Nueces Bay Heights Extension Subdivision. Ordinance abandoning and vacating a 0.562 acres tract of land (24,480.70 sq.ft.) of a portion of Koepke Street right-of-way, out of Nueces Bay Heights Extension Subdivision; subject to compliance with the specified conditions; and declaring an emergency. TRACT E Public hearing to consider abandoning and vacating a 0.559 acres tract of land (24,357.30 sq.ft.) of a portion of Moore Street right-of-way, out of Nueces Bay Heights Extension Subdivision. Ordinance abandoning and vacating a 0.559 acres tract of land (24,357.30 sq.ft.) of a portion of Moore Street right-of-way, out of Nueces Bay Heights Extension Subdivision; subject to compliance with the specified conditions; and declaring an emergency. ISSUE: The City of Corpus Christi on behalf of Flint Hills Resources, L.P., is initiating the abandoning and vacating of said street rights-of-way, in exchange for real estate property that the City will acquire from Flint Hills to construct a Training Facility located east of Carbon Plant Road and Heams Ferry Road to accommodate the City Fire and Police Departments. REQUIRED COUNCIL ACTION: City Charter requires Council apprcval to abandon and vacate any portion of street rights-of-way. City Code requires a public hearing prior to the vacating and abandonment of any street rights-of-way. RECOMMENDATION: Staff recommends approval of the ordinance on an emergency basis. Margie C. Rose, Assistant City Manager Acting Director of Development Services Attachments: Exhibit A - Background Information Exhibit B - Ordinance Exhibit C - Site Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION PURPOSE OF CLOSURE AND BA, The City of Corpus Christi, on bel and vacating of Tract A (a 62,96 sq.ft, portion of Baymoor Street & Bay Blvd.), Tract D (a 24,480.70 s portion of Moore Street). ,~KGROUND: ~alf of Flint Hills Resources, L.P., is initiating the abandoning ~.30 sq.ft, portion of Lakeview Circle), Tract B (a 63,025.90 Ebony Street), Tract C (a 70,945.40 sq.ft, portion of Nueces :l.ft. portion of Koepke Street), and Tract E (a 24,357.30 sq.ft. The City is abandoning and vacat Flint Hills owns. The City requin Safety Training facility to be Iocat project was approved on Noveml: Improvements, Bond issue 2000 that combines Police and Fire Tr~ g the above mentioned streets in exchange for property that ; the Flint Hills tracts for construction of a Public Health & :1 east of Carbon Plant Road and Hearns Ferry Road. This er 7, 2000 under Proposition No. 3, Public Health and Safety --lection. The project is the first phase of a multi-phased plan lining facilities. The site is in close proximity to the Training Facilities of the Refinery Terminal Company (RTFC). Engineering Services Lend Acquisition staff entered into negotiations with Flints Hills for the fee simple acquisition of t~o tracts of land totaling 16.24 acres. A 3.811 acre tract will be used for the Fire Training Facility and a 12.428 acre site will be used for the Firing range. Several public and franchised utilities are located within the street right-of-way. They have been contacted concerning this agreement and have requested that the entire width of the street rights-of-way be retained as utility easement. AEP, SWBT and Time Warner have no objections to the abandonment but will seek reimbursement if adjustments to their utilities become necessary. Staff recommends that payment Of fair market value for the property be waived in exchange for the real estate property that the City will be acquiring from Flint Hills. EXHIBIT B rile : \Mproject\Londocq\exh511Sd.dwg HV.Y 44 ~- LOCATION IViAP NOT TO SCALE TRACT S.[TE N VICINITY MAP NOT TO SCALE LAKEVIEW CIRCLE TRACT TRACT A EXHIBIT C ] 0£4 CiT~ OF* CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: I of DATE: 06-9-200.3 \~project\Landacq~exh5118c.dwg iLOCATION IVIAP VICINITY IdAP NOT TO SCALE I ' BA YMOOR - EBONY ST. TRACT TRACT B EXHIBIT C 2 of 4 CITY OF CORPUS CHRISTI, ~XAS DEPARTMENT OF ENGINEERING SERVICES PAGE: I of 1 DATE: 06-06-2003 ~le : \Mpro.tect\Lorldocq\exhS??Sb. dwcJ ./ N L OCA T.~ ON MAP 'NO'( TO SCALE KOCH REFINERY LOCATION MAP NOT TO SCALE EXHIBIT C 3 of 4 TRACT C NUECES BAY TRACT DA?E 06-06-2003 \Uproject\Londocq\exh5118o.dwg AN ORDINANCE ABANDONING AND VACATING A 1.445 ACRE TRACT OF LAND (62,965.30 SQ. FT.) OF THE LAKEVlEW CIRCLE STREET RIGHT-OF- WAY, OUT OF WESTEND HEIGHTS SUBDIVISION; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, there is a 1.445 acre tract of land (62,965.30 sq. ft.) of the Lakeview Circle street right-of-way, out of West~nd Height Subdivision, as recorded in Volume 15, Pages 4, Map Records Nueces County, Texas, that the owner, wishes to have abandoned and vacated; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the street right-of-way for all purposes, subject to the provisions below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 1.445 acre tract of land (62,965.30 sq. ft.) of the Lakeview Circle street right-of-way, out of Westend Heights Subdivision, as recorded in Volume 15, Pages 4, Map Records Nueces County, Texas is abandoned and vacated for public use as street right-of-way, subject to Owner's compliance with the following specified conditions as part of the abandonment and vacation: That payment of the fair market value for the vacating and abandonment of the public street right-of-way be waived in exchange for real property that the City will be acquiring from Flint Hills Resources for the construction of a training facility to be used by the Police and Fire Departments located east of Carbon Plant Road and Hearns Ferry Road. That the abandoned and yacated street right-of-way be retained in its entirety as a utility easement. That before any of the lots abutting the abandoned and vacated right-of-way are ever sold or conveyed, the abutting property owner(s) must replat their respective properties prior to closing at owner's expense; provided however, the City Engineer may extend the time limit up to 180 days if extenuating circumstances necessitate an extension. A violation of this provision will void the abandonment and vacation and may result in a reversion of the street right-of-way to the City. 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 H:\LEG-DIR~Joseph\Ord-FHR-a.doc ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the 23rd day of September, 2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor Approved ,~/)~'~-~- j ,2003 Joseph Assistant City Attorney For City Attorney H:\LEG-DlR~Joseph\Ord-FHR-a.doc AN ORDINANCE ABANDONING AND VACATING A 1.447 ACRE TRACT OF LAND (63,025.90 SQ. FT.) OF THE BAYMOOR BOULEVARD AND EBONY STREET RIGHTS-OF-WAY, OUT OF THE BAYMOOR ADDITION SUBDIVISION; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, there is a 1.447 acre tract of land (63,025.90 sq. ft.) of the Baymoor Boulevard and Ebony Street ri{Ihts-of-way, out of Baymoor Addition Subdivision, as recorded in Volume 4, Page 42~Map Records Nueces County, Texas, that the owner, wishes to have abandoned and vacated; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the street right-of-way for all purposes, subject to the provisions below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 1.447 acre tract of land (63,025.90 sq. ft.) of the Baymoor Boulevard and Ebony Street rights-of-way, out of Baymoor Addition Subdivision, as recorded in Volume 4, Pages 42, Map Records Nueces County, Texas is abandoned and vacated for public use as street right-of-way, subject to Owner's compliance with the following specified conditions as part of the abandonment and vacation: That payment of the fair market value for the vacating and abandonment of the public street right-of-way be waived in exchange for real property that the City will be acquiring from Flint Hills Resources for the construction of a training facility to be used by the Police and Fire Departments located east of Carbon Plant Road and Hearns Ferry Road. That the abandoned and vacated street right-of-way be retained in its entirety as a utility easement. That before any of the lots abutting the abandoned and vacated right-of-way are ever sold or conveyed, the abutting property owner(s) must replat their respective properties prior to closing at owner's expense; provided however, the City Engineer may extend the time limit up to 180 days if extenuating circumstances necessitate an extension. A violation of this provision will void the abandonment and vacation and may result in a reversion of the street right-of-way to the City. 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 H:\LEG-DlR~Joseph\Ord-FHR-b.doc ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the 23rd day of September, 2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved ~.~_~. ~ /~ ,2003 Samuel L, Neal, Jr. Mayor By: ~ (~ ~ ~. Joseph ~arney ~ Assistant City Attorney For City Attorney H:\LEG-DIR~Joseph\Ord-FHR-b.doc AN ORDINANCE ABANDONING AND VACATING A 1.629 ACRE TRACT OF LAND (70,945.40 SQ. FT.) OF A PORTION OF NUECES BAY BOULEVARD, NORTH OF THE WEST BROADWAY STREET RIGHT-OF-WAY, OUT OF THE FLINT HILLS RESOURCES, L.P.; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, there is a 1.629 acre tract of land (70,945.40 sq. ft.) of a portion of Nueces Bay Boulevard, north of the west Broadway street right-of-way, out of the Flint Hills Resources, L.P., as recorded in Volume 4, Page 623 and page 636, Deed Records Nueces County, Texas, that the Owner, wishes to have abandoned and vacated; and WHEREAS, it has been determilned that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the street right-of-way for all purposes, subject to the provisions below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 1.629 acre tract of land (70,945.40 sq. ft.) of a portion of Nueces Bay Boulevard, north of the West Broadway street right-of-way, out of Flint Hills, L.P., as recorded in Volume 4, Pages 623 and Page 636, Deed Records Nueces County, Texas is abandoned and vaceted for public use as street right-of-way, subject to Owner's compliance with the following specified conditions as part of the abandonment and vacation: That payment of the fair market value for the vacating and abandonment of the public street right-of-way be waived in exchange for real property that the City will be acquiring from Flint Hills Resources for the construction of a training facility to be used by the Police and Fire Departments located east of Carbon Plant Road and Hearns Ferry Road. That the abandoned and vacated street right-of-way be retained in its entirety as a utility easement and as a fire lane access easement. That before any of the lots abutting the abandoned and vacated right-of-way are ever sold or conveyed, the abutting property owner(s) must replat their respective properties prior to closing at owner's expense; provided however, the City Engineer may extend the time limit up to 180 days if extenuating cimumstances necessitate an extension. A violation of this provision will void the abandonment and vacation and may result in a reversion of the street right-of-way to the City. 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 \\CLSTR 1 _USERS2_SERVER\USERS2~LEG-DIR~Joseph\Ord-FHR-c.doc 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 23rd day of September, 2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved ~,~-~ ,2003 Samuel L. Neal, Jr. Mayor By: Joseph{Harney ~j Assistant City Attorney For City Attorney \\CLSTR1 USERS2 SERVER\USERS2~,EG-DIR~Joseph\Ord-FHR-c.doc AN ORDINANCE ABANDONING AND VACATING A 0.562 ACRE TRACT OF LAND (24,480.70 SQ. FT.) OF A PORTION OF KOEPKE STREET RIGHT-OF- WAY, OUT OF NUECES BAY HEIGHTS EXTENSION SUDIVlSlON; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, there is a 0.562 acre tract of land (24,480.70 sq. ff.) of a portion of Koepke Street right-of-way, out of Nueces Bay Heights Extension Subdivision, as recorded in Volume 4, Page 2, Map Records Nueces County, Texas, that the owner, wishes to have abandoned and vacated; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the street right-of-way for all purposes, subject to the provisions below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 0.562 acre tract of land (24,480.70 sq. ft.) of a portion of Koepke Sreet right-of-way, out of Nueces Bay Heights Extension Subdivision, as recorded in Volume 4, Pages 2, Map Records Nueces County, Texas is abandoned and vacated for public use as street right-of-way, subject to Owner's compliance with the following specified conditions as part of the abandonment and vacation: That payment of the fair market value for the vacating and abandonment of the public street right-of-way be waived in exchange for real property that the City will be acquiring from Flint Hills Resources for the construction of a training facility to be used by the Police and Fire Departments located east of Carbon Plant Road and Hearns Ferry Road. That the abandoned and vacated street right-of-way be retained in its entirety as a utility easement. That before any of the lots abutting the abandoned and vacated right-of-way are ever sold or conveyed, the abutting property owner(s) must replat their respective properties prior to closing at owner's expense; provided however, the City Engineer may extend the time limit up to 180 days if extenuating circumstances necessitate an extension. A violation of this provision will void the abandonment and vacation and may result in a reversion of the street right-of-way to the City. 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 H:\LEG-DlRUoseph\Ord-FHR-d.doc ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the 23rd day of September, 2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor Approved By: Jose~HaHarney ~' Assistant City Attorney For City Attorney H :\LEG-DIR~Joseph\Ord-FHR-d.doc AN ORDINANCE ABANDONING AND VACATING A 0.559 ACRE TRACT OF LAND (24,357.30 SQ. FT.) OF A PORTION OF MOORE STREET RIGHT-OF- WAY, OUT OF NUECES BAY HEIGHTS EXTENSION SUDIVlSION; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, there is a 0.559 acre tract of land (24,357.30 sq. ft.) of a portion of Moore Street right-of-way, out of Nuedes Bay Heights Extension Subdivision, as recorded in Volume 4, Page 2, Map Records Nueces County, Texas, that the owner, wishes to have abandoned and vacated; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the street right-of-way for all purposes, subject to the provisions below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 0.559 acre tract of land (24,357.30 sq. ft.) of a portion of Moore Sreet right-of-way, out of Nueces Bay Heights Extension Subdivision, as recorded in Volume 4, Pages 2, Map Records Nueces County, Texas is abandoned and vacated for public use as street right-of-way, subject to Owner's compliance with the following specified conditions as part of the abandonment and vacation: That payment of the fair market value for the vacating and abandonment of the public street right-of-way be waived in exchange for real property that the City will be acquiring from Flint Hills Resources for the construction of a training facility to be used by the Police and Fire Departments located east of Carbon Plant Road and Hearns Ferry Road. That the abandoned and vacated street right-of-way be retained in its entirety as a utility easement. That before any of the lots abutting the abandoned and vacated right-of-way are ever sold or conveyed, the abutting property owner(s) must replat their respective properties prior to closing at owner's expense; provided however, the City Engineer may extend the time limit up to 180 days if extenuating circumstances necessitate an extension. A violation of this provision will void the abandonment and vacation and may result in a reversion of the street right-of-way to the City. 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 \\CLSTRI USERS2 SERVER\USERS2~LEG-DIR~Joseph\Ord-FHR-e.doc ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the 23rd day of September, 2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved ~'%-'~Tz~'~' '/~ i' 2003 Samuel L. Neal, Jr. Mayor By: Joseph ~arn~ y _ Assistant City Attorney For City Attorney \\CLSTR1 _U SERS2_SERVER\USERS2~*LEG-DIRLIoseph\Ord-FHR-e.doc 19 CITY COUNCIL AGENDA MEMORANDUM SUBJECT: Land Acquisition of 16.24 acres Police & Fire Public Safety Training Facility, Phase 1, Project #5118 Bond Issue 2000 AGENDA ITEM: a. Motion authorizing the Cit~ Manager or his designee to execute a Real Estate Sales Contract with Flint Hills Re,sources, LP for the purchase of fee simple property rights to two tracts of land totaling ~6.24 acres, located east of Carbon Plant Road and Hearns Ferry Road, at the sales I~rice of $162,400 plus $2,000 in closing costs, with payment being composed of $64,09~)in cash and $98,310 in vacated and abandoned street right- of-way; for the constructior~ of the Police & Fire Public Safety Training Facility, Phase 1, Project #5118, Bond Issue2000. Motion authorizing the CityI Manager or his designee to enter into a Option Contract with Flint Hills Resources, LP fc~r the remaining 86.529 acres owned by Flint Hills Resources, LP located east of Carbo~ Plant Road and Hearns Ferry Road at the sales price of $865,290, with the cost or,he option at $1,000 for a two year term; all in connection with the Police & Fire Public S~fety Training Facility, Phase 1, Project #5118, Bond Issue 200O. ISSUE: This project was approved on November 7, 2300 under Proposition No. 3, Public Health and Safety Improvements, Bond I~ssue 2000 Election. The project is the first phase of a multi- phased plan that combines Police= and Fire Training facilities. Two project sites were evaluated by a consultant firm for the const~uction of the facilities, one of which was owned by Flint Hills Resoumes, LP. This property, Ibcated east of the intersection of Carbon Plant Road and Hearns Ferry Road, was selecte~l primarily because of its location and topography which is ideal for this type of facility. Land Acquisition staff entered into negotiations with Flints Hills for the fee simple acquisition of two tracts of land totaling 16.24 acres. Negotiations have concluded and a Real Estate Slales Contract in the total amount of $162,400 has been executed by Flint Hills Resources for the 16.24 acres. The City will provide partial payment in the amount of $98,310 in the form of vacated and abandoned street right-of-way. In addition, Flint Hills Resources has execute(~ an Option Contract providing the City with a two-year option on the remaining 86.529 acres at an agreed price ot $865,290 with cost of the option at $1,000. These motions require approval by the City Council and seek authorization of the City Manager or his designee to execute both contracts. REQUIRED COUNCIL ACTION: City Council approval is required for land acquisition contracts and expenditures exceeding $25,000. FUNDING: Bond Issue 2000 (Public Health & Safety) - 550701-3358-00000-140250 CONCLUSION AND RECOMMENDATION: Approval of the motions as presented. ~g~l R. Escobar, P. ~ /' l~irector of Engineering Services Attachments: Exhibit A. Exhibit B. Exhibit C. Exhibit D. Exhibit E. Exhibit F. Exhibit G Background Information Vicinity Map of Training Facility Map of Lands to Be Acquired, Tracts I & II Map of Remaining Lands on Option Contract Maps of Vacated & Abandoned Right-of-Way Tracts (4) Real Estate Sales Contract Summary Option Contract Summary BACKGROUND INFORMATION September 23, 2003 SUBJECT: Land Acquisition of 16.24 acres Police & Fire Public Safety Training Facility, Phase 1, Project #5118 Bond Issue 2000 PRIOR COUNCIL ACTION: 1. November 14, 2000 - Ordinance canvassing returns and declaring the results of the Special Election held on N~bvember 7, 2000, in the City of Corpus Christi for the adoption of seven propositions; ado~3ting and levying a sales and use tax pursuant to Section 4A of The Development Corp(~ration Act as approved by the voters in Propositions 4 and 5 (Ordinance No. 024269). December 17, 2002 - App for $299,913,200 (Ordinan, May 20, 2003 - Motion Amendment No. 3 to the ( and Associates, Inc. in the Police and Fire Public Safe oval of the Fiscal Year 2002-03 Capital Improvement Budget :e No. 025144) authorizing the City Manager or his designee to execute ;onsultant Contract with Cotton, Landreth, Kramer Architects amount of $325,376, for a re-stated fee of $347,976, for the / Training Facility, Phase 1. (Motion No. 2003-187). PRIOR ADMINISTRATIVE ACTIQN: 1. October 18, 2000 - Distributi~3n of Request For Qualifications (RFQ) No. 2000-08 - (Public Health and Safety, Parks ~and Recreation, Street Improvement Projects) to 73 local architectural and engineerin~ firms. 2. November 10, 2000 - AddenUum No. I to the Request For Qualifications (RFQ) No. 2000- 08 - (Public Health and Safeity, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. 3. January 10, 2001 - Addenduim No. 2 to the Request For Qualifications (RFQ) No. 2000-08 - (Public Health and SafetyI Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. 4. February 26, 2001 - Executed Contract For Professional Services with Cotten, Landreth, Kramer Architects & Assoclates, Inc. in the amount of $12,600 for the Police and Fire Public Safety Training Facilitly. 5. June 8, 2001 - Executed Amendment No. 1 to the Contract For Professional Services with Cotten, Landreth, Kranler Architects & Associates, Inc. in the amount of $500, for a total re-stated fee of $13,10~), for the Police and Fire Public Safety Training Facility. 6. September 24, 2001 Executed Contract For Professional Services with Urban Engineering in the amount or $4,500 for the Police and Fire Public Safety Training Facility. 7. June 3, 2002 - Executed Amendment No. 2 to the Contract For Professional Services with Cotten, Landreth, Kramer Ar~chitects & Associates, Inc. in the amount of $9,500, for a total re-stated fee of $22,600, for the Police and Fire Public Safety Training Facility. FUTURE COUNCIL ACTION: Award of a construction contract for Phase 1 of the facility and; Authorize any other expenditures exceeding $25,000 in connection with the project. EXHIBIT A Page I of 2 OVERVIEW: This project was approved on November 7, 2000 under Proposition No. 3, Public Health and Safety Improvements, Bond Issue 2000 Election. The project is the first phase of a multi- phased plan that combines Police and Fire Training facilities. Future phases will be developed, as funding becomes available. Bond 2000 Funds already approved for this project will enable the construction of an outdoor firing range, fire training tower, and related infrastructure improvements. Site Selection: The architectural firm of Cotton, Landreth, Kramer Architects & Associates were contracted to search for and evaluate sites suitable for this project. The primary site considered was the Flint Hills Resources, LP (formerly Koch Refining) barrow pits located between IH 37 and Hearns Ferry Road, east of Carbon Plant Road as shown on the attached Exhibit B. The property is owned by Flint Hills and is in close proximity to the Training Facility of the Refinery Terminal Fire Company (RTFC) on Carbon Plant Road. An additional site was investigated southwest of the COrpus Christi Interr~ational Airport (CCIA) to determine if this would be a more acceptable and economical site. This site offered the advantage of being within the CClA Master Plan for property acquisition and was also deemed a compatible use by the FAA. The Flint Hills site originally appeared to have higher development costs than the CClA site. However, two studies were performed at the CClA site to determine the road and drainage requirements and the probable costs of developing the required infrastructure. The CCIA site ultimately proved to haVe a higher development cost than the Flint Hills site. Site Development: Phase 1 will include the construction of a burning tower and a drafting pit for fire training, an outdoor pistol & rifle range for police training and all supporting utility infrastructure. The project will also include the design and construction of a water main from Carbon Plant Road to the facility, along Hearns Ferry Road, It will also be necessary to obtain an access & utility easement from the Port of Corpus Christi in order to access the firing range tract. The Port has given its initial approval in granting an easement. Site Acquisition: Land Acquisition staff entered into negotiations with Flints Hills for the fee simple acquisition of two tracts of land totaling 16.24 acres as shown on Exhibit C. For this phase of the project, the 3.811 acre tract will be used for the Fire Training Facility and the 12.428 acre site will be used for the Firing Range. Based on an appraisal obtained from Blair T. Stouffer and Associates, Inc., San Antonio, Texas, the appraised value for the 102 tract was $1,530,000 or $15,000 per acre. A purchase price of $10,000 per acre was negotiated for the two tracts and for the remaining 86.529 acres (shown on Exhibit D), which will be under option to buy. Flint Hills Resources executed a Real Estate Sales Contract for the 16.24 acres in the total amount of $162,400. As partial payment, the City will vacate and abandon five (5) tracts of street right-of-way that Flint Hills needs. These five tracts, shown on Exhibit E, have been determined by the City to have a fair market value of $98,310. Under separate Ordinance, the streets will be vacated and abandoned and utility easements will be retained for existing utilities. A cash portion of $64,090 is needed in addition to the exchange value of the street right-of- ways. Flint Hills has also execute~l an Option Contract providing the City with a two-year option on the remaining 86.529 acres at an agreed price of $865,290 with cost of the option at $1,000. This motion requires approval of both contracts by the City Council and seeks authorization of the City Manager or his designee to execute them. Upon approval, both contracts will be escrowed at Stewart Title Company, 5102 Holly, Corpus Christi, Texas. EXHIBIT A Page 2 of 2 ~ ~ r 'e, NUECES BAY ~IClNITY ~P Nor ro 5c~tE E~BITB ClP P~ECT NO. S11. I , POLICE ~0 FIRE PUBLIC SAFETY cz~ ~UNCZt Exmmr OEPAR~E~ OF ENGIN~ING SER~C~ T~INING FACILITY PAGE: I O~ 3 C~ OF CORPUS CHRISTI, ~S _~_ DA~: 05/13/2003 ' Tract II ~ , HearnsF_~er~Roacl , ~tersm~e Highway 37 POLICE AND FIRE PUBLI¢ SAFEYY Gitg Council Exhibit Y~lNlNG ~A GILITY Dopaament et Engineering Lands to Be Aequire~ Semites Tract ~ - 3.8~ ~ acres Tract II- ~ 2: 428 acres Date: September ~ 7, 2003 City of Co¢us G~sti, Texas H:\HOME\EUSEBIOGtGEI~FORMStCouncil Exhibit. DOC EXHIBIT C Land Under Option 86.$29 acres ~¢ ~ ii~~~r--~~'' Interstate ~way 37 POLIG~ AND ~IRE PUBLIG 8AF~TY Git~ GounaH Exhibit T~INING FACILIT~ Oepa~ment of Enginee~ng Remaining Lands on Option Contract Se~ices ~ C~i 86.529 acres Date: September 17, 2003 City of Co~us Christi, Texas Page: 1 of H :~HOME~EUSEBIOG\GEN~FORMS~Council Exhiblt. D~)C EXHIBIT D H~/Y 44 [ AGNES ~ _ b :~ NOT TO SCALE VICINITY ~ EmIT E NOT TO SCALE 1 of 4 C~ OF ~RPUS CHRIS, L~EVIEW CIRCLE T~CT T~CT A OArE: 06-~-200J . LOCATION NAP VICINITY MAP EXHIBIT E NOT TO SCALE 2 of 4 ' CITY OF CORPUS CHRISTI, TEXAS r~ BAYIOfOOR-EBONY ST. TRACT ~,,~,~o~,~~~,~. _ . TRACT B DATE: 06-06-2005 N LOCATZON /,~AP NOT TO S~AL£ KOCH REFINERY LOCATION ~IAP NOT TO SCALE EXHIBIT E 3 of 4 NUECES BAY TRACT CEJ LOCATION MAP nor ro sou NUECES BAY BLVD. H r �l PALM DR. r 777 rFm--I ETT M I-fTFM F TTTT I TT FM FFFFM VICINITY MAP xor m s CITY OF CORPUS CHRISTI, TEXAS NUECES BAY HEIGHTS/HILLCREST TRACTS DEPARTMENT OF ENGINEERING SERNCES TRACTS D & E PAGE: 1 of 1 DATE 08/26/2003 +r REAL ESTATE SALES CONTRACT SUMMARY Project #5118: Police & Fire Public Safety Training Facility, Phase 1 Bond Issue 2000 This Contract is entered into by Flint Hills Resources, LP, a Delaware limited partnership, of 4111 East 3~th Street North, Wichita, Kansas, 67220, "SELLER", Collectively, and the City of COrpus Christi, a Texas home rule municipal corporation, of 1201 Leopard Street, Corpus Christi, Nueces County, Texas 78469-9277, "BUYER" Terms: Property - Seller for the consideration and under the terms set out in the contract, agrees to convey to Buyer, fee simple rights to the following described property: a 3.811-acr(~ tract of land (Tract I) out of the Desiderio Martinez Survey 420, Abstract 857, Nueces County, Texas and a 12.428-acre tract of land (Tract II), out of the Desiderio Martinez Survey 420, Abstract 857 and the John Warner Survey 73, Abstract 909, Nueces County, Texas. Purchase Price - The total price for the 16.24 acres is $162,400 of which $64,090 will be in cash and the remaining $98,310 in compensation will be in the form of five (5) vacated and abandoned street right-of-way tracts, which will be conveyed by Quitclaim Deed to Seller. Option Contract - Buyer and Seller agree to enter into an Option Contract for the remaining 86.529 acres that Seller owns at an agreed pumhase price of $865,290. The cost of the Option is $1,000 for the two-year term. Street Vacating & Abandonment - Buyer shall finalize the vacating & abandonment of the five street right-of-way tracts simultaneously with the Closing of this contraOt. At Closing, Buyer will execute a Quitclaim Deed to Seller for the five tracts. Buyer will retain utility easements covering the entire right-of-way areas for existing utilities. Earnest Money - Buyer agrees to deposit $1,000 in Earnest Money at Stewart Title Company which will be applied to the balance at Closing. If Buyer fails to abide by the Contract as specified, Seller may keep the earnest money as liquidated damages. Either party may seek to enforce this Contract by an action for specific performance. If either party fails to tender an executed deed as required under this Contract, the other party may seek to enforce this contract by an action for specific performance. Closing Date and Title Company - This transaction is to be closed on or before 60 days from the execution date of this Contract by both parties. The EXHIBIT F Page 1 of 3 10. 11. 12. 13. 14. proposed date of Closing is November 21, 2003. The date can be extended upon mutual agreement of the parties. The Contract will be escrowed with Stewart Title Company at 5102 Holly Road, Corpus Christi, Texas ("Title Company"). Title Insurance - Seller to provide a title insurance policy, at Buyer's expense, that guarantees good ~and indefeasible title to Tracts I and II (1§.24 acres) without exceptions oth(~r than the standard printed exceptions and exceptions permitted under this C(~ntract. A Title Commitment must be delivered to Buyer within 30 days after th~ date the Title Company receives this contract. If the title commitment disclc~ses defects to title, Seller may cure defects. If such defects are not cured! by the scheduled Closing, either party may elect to terminate this contract. I Or if not so terminated, Buyer will accept title subject to such defects. Special Warranty Dee~l and Closing Costs - Seller and Buyer will execute a Special Warranty Deedlin accordance with the provisions of this Contract. The subject deed will contaih a right of first refusal, certain use-restrictions, reserves certain access rights {o Seller, and establishes two pipeline easements for Seller's existing pipelines. Buyer will pay all closing costs except costs to cure title, which must be paid by Seller. Audits and Due Diligence - Seller and Buyer may perform an environmental audit or due diligence up to the time of Closing. Buyer may elect to void this contract if Buyer is no~ satisfied with the results of the audit. Seller may void this contract if the audi~ reveals environmental conditions requiring remediation. Property Taxes - All property taxes to be paid by Seller, up to and including 2002. Taxes for 2003 will be prorated between Buyer and Seller. Restrictions on Title - Buyer accepts title subject to all recorded easements, reservations, restrictive covenants, use restrictions and any applicable zoning and regulatory ordinances. Survives Closing - This contract will survive the closing of the sale and delivery of the Spectial Warranty Deed, the Quitclaim Deed, and other conveyance documents. Mineral Rights - The sale of the property shall mean and include the surface estate only, and shall not include any interest in the mineral estate. Buyer is purchasing the property subject to existing mineral exploration and extraction rights assigned to other parties. Closure of Hearns Ferry Road - Buyer agrees to assist in closing Hearns Ferry Road at a point mutually agreeable to Seller and other parties who might EXHIBIT F Page 2 of 3 be affected by the closing. If closing is not attainable, Buyer will assist in implementing a gated access facility on Hearns Ferry Road. 15. 16. Extension of Waterline - As part of this purchase, the Buyer agrees to extend a waterline eastward along the existing Hearns Ferry right-of-way to Tracts I & II for the Buyer's use in their facility. The subject water line will be sized sufficiently to support use and extension by Seller, if needed. Council Approval - Seller has read this contract and understands that this Contract is not binding on the Buyer until properly authorized by the City Council and executed by the City Manager of the City of Corpus Christi, Texas, or his designee. The BUyer must execute this Contract within 30 days from the date of Seller's execution of this Contract or this Contract is void. 17. Essential - Time is of the essence in closing this transaction, H:~HOME\EUSEBIOG~GEN~Agenda Items~Public Safety Facility~Contract Summary.doc EXHIBIT F Page 3 of 3 OPTION CONTRACT SUMMARY Project #5118: Police & Fire Public Safety Training Facility, Phase 1 Bond Issue 2000 This Option Contract is enterec~ into by Flint Hills Resources, LP, a Dela,w,,are limite,,d partnership, of 4111 East 37T~ Street North, Wichita, Kansas, 67220, Optionors, Collectively, and the City of C~rpus Christi, a Texas home rule municipal corporation, of 1201 Leopard Street, C~brpus Christi, Nueces County, Texas 78469-9277, "Optionees" Grant of Option - Fc~r the consideration expressed in Paragraph 3 of this Contract, Optionors ~lrant to Optionees the exclusive right and option to purchase the remainin~ 86.529 acres at the price and terms set forth in a Real Estate Sales Contract ~which will be attached and made a part of the Option Contract. 2. Option Period - The (~ption Contract shall be for a term of two years effective from the date executiorl of the Option Contract by both parties. Consideration - The (~ption is granted in consideration of Optionee's payment to Optionors of the sum of $1,000. Application of Consid~eration of Purchase Price - If the option is exercised in accordance with its terms, then the consideration of $1,000 shall be applied against the purchase price. Consideration paid Optionors for any extensions shall also be applied against the purchase price. Retention of Conside~'ation - If the option is not exercised, all sums paid shall be retained by Optionors. Exchange of Land - If at any time under the Option Period, either Optionor or Optionee deem it advisable to exchange land owned by either party, then that party will submit a wri!tten request to the other party that an exchange take place. The parties anticipate that the terms and conditions for any such exchange would be substantially the same as contained in the attached Real Estate Sales Contract. Exchanges will be for an equitable acm-for-acre basis and for property of like character. Exercise of Option - Optionees may exercise this option by execution and tender to Optionors of the Real Estate Sales Contract attached. Optionors will execute and deliver to Optionees an executed copy within fifteen days. Automatic Termination - If Optionees fail to exercise the option in accordance with the terms of the Option Contract, the option to purchase shall automatically EXHIBIT G Page 1 of 2 terminate without notice. Optionees shall deliver to Optionors within 10 days of a request, a release, quitclaim deed, or any other document required by Optionors to verify termination of this agreement. The Optionees' Right of Entry - Optionees shall have the right any time to perform land surveys, environmental assessments, and due diligence work on the property provided such acts do not unreasonably interfere with Optionor's use. Optionees shall i~demnify and hold harmless Optionor from any and all damage and liability. Optionee will provide Optionor copies of reports for all tests and environmental assessments performed on the property. 10. Assignability of Option - Optionees shall not assign the option. 11. Notices - any notice given by either party shall be by personal delivery, registered or certified mail, to the other party at the addresses contained in this contract. 12. Entire Agreement - This Option Contract and the Memorandum of Option contains the entire agreement between the parties. 13. Attorney's Fees - In the event of controversy, claim, or dispute between the parties, arising out of the agreement, or breach, then the prevailing party shall be entitled to a reasonable sum for attorney's fees in such litigation. 14. Binding Effect - This Option Contract and the accompanying memorandum shall bind and inure to the benefit of all respective heirs, personal representatives, successors, and assigns of the parties. 15. Eminent Domain - Optionors shall not be obligated to contest any attempts by third parties to acquire any interest in the Property by eminent domain. The rights and obligations of the parties will be subject to any such rights actually acquired in the Property. \\CLSTRI_USERS2_SERVER\USERS2\HOME\EUSEBIOG~GEN~Agenda Items\Public Safety Facility\Option Summary.doc EXHIBIT G Page 2 of 2 20 AGENDA MEMORANDUM DATE: September 23, 2003 SUBJECT: Downtown Drainage Improvements Design (Project No. 2036) AGENDA ITEM: Motion autl~orizing the City Manager, or his designee, to execute Amendment No. I to a Contractlfor Professional Services with Urban Engineering in the amount of $732,010 for the Dov~ntown Drainage Improvements Design (Project # 2036) ISSUE: This contract will provide design services necessary to address the flooding ~ons in the downtown areal. FUNDING: Funds for this project are available in the Storm Water Capital Improvement Budget. ~ / RECOMMENDATION: Staff rec~ommends approval of the motion as presented. ~Kn[jel R. Escobar, P.E., // ' -- Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Contract Summary Exhibit "C" Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Downtown Drainage Improvements Design (Project No. 2036) PRIOR COUNCIL ACTION: Nqne PRIOR ADMINISTRATIVE ACTION: 1. February 20, 2002 - Distribution 2. of Request For Qualifications (RFQ) No. 2002- 01 (Aviation, Street, WatEr, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 Ioclal and 14 out-of-town). Mamh 13, 2002 - Addendum No. 1 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). March 15, 2002 - Addendum No. 2 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). March 26, 2002 - Addendum No. 3 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). March 28, 2002 - Addendum No. 4 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects)to 42 engineering firms (28 local and 14 out-of-town). April 11,2003 - Distribution of Letter of Notification #1 (LON) for FY 2002 - 2003 Capital Improvement Program (Public Facilities, Storm Water, Wastewater, Infrastructure, street, Park and Miscellaneous Projects)to 183 architectural and engineering firms (79 local and 104 out-of-town). April 17, 2003 - Addendum No. 1 to the Letter of Notification #1 (LON) for FY 2002 - 2003 Capital Improvement Program (Public Facilities, Storm Water, Wastewater, Infrastructure, street, Park and Miscellaneous Projects)to 183 architectural and engineering firms (79 local and 104 out-of-town). April 25, 2003 - Addendum No. 2 to the Letter of Notification #1 (LON) for FY 2002 - 2003 Capital Improvement Program (Public Facilities, Storm Water, Wastewater, Infrastructure, street, Park and Miscellaneous Projects)to 183 architectural and engineering firms (79 local and 104 out-of-town). Au,qust 28, 2003 - Approval of a small engineering contract with Urban for preliminary engineering in the amount of $24,892 for the Downtown Drainage Improvements design FUTURE COUNCIL ACTION: Approval of construction contracts to complete the improvements as necessary. EXHIBIT "A" Page 1 of 2 PROJECT BACKGROUND: The Downtown area of the City with flooding during heavy rainf and enter the buildings in the improvements to address this thedesign and constru, the pumping capacity to a new interceptor along · a new discharge condui' · additional inlets on exist PROJECT DESCRIPTION: During the preliminary design possibility of adjusting the boul of Corpus Christi has experienced problems in the past 311. Floodwater has been known to rise above the curbs ~reas in and around Water Street. This project initiates ~oding problem. Improvements planned include: ion of a new storm water pump station to greatly increase the existing Kinney St. Pump Station, ~Vater St. to the new pump station, from the pump station to the bay, and ng storm sewer to increase capacity. phase an analysis will be performed to evaluate the idaries of the two adjacent drainage areas along Water Street. The analysis will detern line: · how to reconfigure the drainage areas boundaries to improve the drainage situation, · determine the design flow for adding capacity with the new pump station, and · what other improvements will assist in the operation of the Downtown drainage system. The new interceptor along walter Street will be located from Williams Street to Kinney Street and will transport storm flow to the new pump station. The Kinney Street Storm Water Pump Station will be expanded by construction of a new pump station adjacent to the existing station. The new ppmp station will contain pumps expected to quadruple the capacity of storm water pumping from this site. A new discharge conduit will be required to deliver the storm water from the new pump station to the bay. Other work associated with this project includes the construction of additional inlets on existing storm sewer along Water Street from Williams Street to IH 37 to increase the delivery of water to the Power Street Storm Water Pump Station. CONTRACT/FEE SUMMARY: A contract summary and fee is attached as Exhibit "B". EXHIBIT "A" Page 2 of 2 I AMENDMENT NO. 1 CONTRACT SUMMARY Downtown Drainage Improvements Design 1. SCOPE OF PROJECT DoWntown Drainage Improvements Design (PrOject No. 2036) Project consists of analysis and design to evaluate adjusting the drainage boundaries of two adjacent drainage areas. The analysis will determine how to reconfigure the drainage areas boundaries, enlarge the existing pump station and move part of the runoff from one area to another. This work will include preliminary, design and construction phase services to include: new intemonnect conduit along Water St. from Williams St. to Kinney St., new Kinney St. Storm Water Pump Station, new discharge conduit from new pump station to shoreline and additional inlets on existing storm sewer along Water St. from Williams St. to IH 37. 2. SCOPE OF SERVICES The NE hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents, as described in EXHIBIT A. In addition, NE will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit A and A-l, to complete the Project. Work will not begin on Additional Services until requested by the NE (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. 3. SCHEDULE PROPOSED PROJECT SCHEDULE - Phase 1 Inlets DAY DATE ACTIVITY Wednesday September 24, 2003 Begin Preliminary Phase Monday November 10, 2003 Begin Design Phase Friday January 9, 2004 60% Submittal Friday January' 30, 2004 City Review Friday February 27, 2004 100% Submittal Friday March 19, 2004 City Time Friday April 2, 2004 Final Submittal Monday (2) April 12,' 2004 Advertise for Bids H:LHO ME~LYN DAS\GENISTO RIVNVATER~2036 * DOWNTOWN ORAINAGE~CONTRACT SUMMARY.DOC IEXHIBIT "B" Page 1 of 3 Wednesday April 28, 2004 Pre-Bid Conference Wednesday May 12, 2004 Receive Bids Friday July 9, 2~004 Begin Construction Weekday TBD Construction Completion PROPOSED PROJECT SCHEI )ULE - Phases 2 Pump Station and 3 Line Work DAY I DATE ACTIVITY Wednesday Septeml~er 24, 2003 Begin Preliminary Phase Monday Decemb 9r 1, 2003 Begin Design Phase Friday March 2 3, 2004 60% Submittal Friday April 16, 2004 City Review Friday May 28, 2004 100% Submittal Friday June 18! 2004 City Time Friday July 16,;)004 Final Submittal Monday (2) July 26,;)004 Advertise for Bids Wednesday August ~ 1, 2004 Pre-Bid Conference Wednesday August ~5, 2004 Receive Bids Monday October, 18, 2004 Begin Construction Weekday TBD Construction Completion 4. FEES A= Fee for Basic Services, The City will pay the A/E a fixed fee for providing for all "Basic Services" authoriZed as per the table below. The fees for Basic Services will not exceed those identifiled and will be full and total compensation for all services outlined in Section I.A. 1-4 above, and for all expenses incurred in performing these services. For services provided in Section I.A. 1-4, A/E will submit monthly statements for basic services rendered. In Section I.A.1-3, the statement will be based upon A/E's estimate (and City Concurrence) of the proportion of the total services actually completed at the time of billing. For services provided in Section I.A.4, the statement will be based upon the pement of completion of the construction contract. City will make prompt monthly payments in response to A/E's monthly statements. I EXHIBIT "B" Page ;Z of 3 B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services" the City will pay the A/E a not-to-exceed fee as per the table below: C. Summary of Fees Fee for Basic Services 1. Preliminary Phase $124,200 2. Design Phase 435,400 3. Bid Phase 32,300 4. Construction Phase 95,700 Subtotal Basic Services Fees $689,000 Fee for Additional SerVices (Allowance) 1. Permit Preparation (as applicable) Railroads TXDOT Wetlands Delineation and Permit Temporary Discharge Permit NPDES Permit/Amendments TNRCC Nueces County Texas Historical Commission U.S. Fish and Wildlife Service U.S. Army Corps of Engineers U.S. Environmental Protection Agency Texas Department of License and Regulation Total Permitting 0 1. CIP Project Engineering Services TBD 2. ROW Acquisition SUrvey (AUTHORIZED) 1,600 3. Topographic Survey (AUTHORIZED) 6,180 4. Environmental Issues 2,930 5. Line Locate Service 25,000 6. Start-up Services 3,220 7. Warranty Phase 4,080 Sub-Total Additional Services Fees Authorized $43,010 Total Authorized Fee Amendment No. 1 $732,010 Original Contract: $ 24,892 Amendment No. 1' $732,010 Total Revised Fee: $756,902 H;'~IO M E~LYN DAS/GEN~STO RIV~NATEI~2036. DOWNTOWN DRAINAGE\CONTRACT SUMMARY,DOC I EXHIBIT "B" Page 3 of 3 N Additional inlet~ along Water Street from Willam8 PROJECT NO. 2056 DOWNTOWN DRAINAGE IMPROVEMENTS CiTY OF' CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT PAGE: 1 OF 1 DATE:O9/18/2005