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
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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