HomeMy WebLinkAboutAgenda Packet City Council - 06/29/2004CITY COUNCIL AGENDA
JUNE 29, 2OO4
Corpus Christi
AII-AmedcaCity
11:45 A.M. - Swearing-in ceremony of newly appointed Board, Commission and Committee
Members
"At Your Service Award", City Staff Recognition
AGENDA
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD
JUNE 29, 2004
10:00 A.M.
PUBUC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE
PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL.
Membe~ of ~he audience will be provided an opportuni~ to address ~he Council at approximately 12:00 p.m. or at the end
of the Council Meeting, whichever is eadier. Please speak into the microphone located at the podium and state your name
and addmss. Your presentation will be limited to three minutas_ If you have a petition or other inforrnation perfaining to your
subject, please present it to the City Secretary.
Si Usted dasea didglrse al Concilio y cree que su ingl~s es limitado, habr~ un int~rprete ingl~s-espaflol en tedas las Juntas
del Concilto para ayudade.
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to
contact the City Secratary'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 David E. Kelly, Senior Pastor, New Beginnings Community
Church.
C. Pledge of Allegiance to the Flag of the United States.
D. City Secretary Armando Chapa to call the roll of the required Charter Officem.
Mayor Samuel L. Neal, Jr_
Mayor Pro Tern Rex Kinnison
Council Membem:
Brent Chesney
Melody Cooper
Javier D. Colmenem
Henry Garrett
Bill Kelly
Jesse Noyola
Mark Scott
City Manager George K. Noe
City Attomey Mary Kay Fischer
City Secretary ArTnando Chapa
E. MINUTES:
1. Approval of Regular Meeting of June 22, 2004. (Attachment # 1)
Agenda
Regular Coundl Meeting
June 29,2004
Page 2
F. BOARDS & COMMII-FEE APPOINTMENTS; (NONE)
G. EXPLANATION OF COUNCIL ACTION:
For administrative convenience, certain of the agenda items ara listed
as motions, resolutions, or ordinances. If deemed appropdate, the City
Council will use a differant method of adoption from the one listed; may
finally pass an ordinance by adopting it as an emergency measure
rather than a ~wo reading ordinance; or may modify the action specified.
A motion to reconsider may be made at this meeting of a vote at the
last regular, or a subsequent special meeting; such agendas ara
incorporated herein for raconsideration and ac~.ion on any raconsiderad
item.
H=
CONSENT AGENDA
Notice to the Public
The following items ara 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 pravious meeting. All items will be acted upon by one
vote without being discussed separately unless requested by a Council
Member or a c~'zen, in which event the item or items will immediately be
withdrawn for lndividual consideralion in its norrnal sequence aflerthe items not
raquidng separate discussion have been acted upon. The ramaining items will
be adopted by one vote.
CONSENT MOTIONS, RESOLUTIONS. ORDINANCES AND ORDINANCES
FROM PREVIOUS MEETINGS:
(At ~hls point the Council will vote on ail motions, resolutions and ordinances not
removed for individual consideration)
Motion approving the purchase on one (1) 70 HP trenching
machine from Valley Ditch Witch, Inc., of Corpus Christi, Texas
in accordance with Bid Invitation No. BI-0070-O4 based on Iow bid
meeting specifications for a total amount of $63,853.27. The
equipment will be used by the Gas Department. Funding is
available from the FY 2003-2004 Capital Outlay Budget in the
Maintenance Services Fund. This item is a replacement to the
fleet. (Attachment # 2)
CITY COUNCIL
PRIORITY ISSUES
(Reft' to Isgend at bhe end of the
agenda ~ummary)
Agenda
Regular Council Meeting
June 29,2004
Page 3
Motion approving an upgrade to the security/access systems
located at the Water Utilities Building, Wesley Seale Dam and the
O.N. Stevens Water Filter Plant with Total Protection Systems,
Inc., of Corpus Chdsti, Texas in the amount of $64,736.80. The
award is based on the Cooperative Purchasing Agreement with
the State of Texas. Funds have been budgeted by the Water,
Wastewater and Storm Water Departments in FY 2003-2004.
(Attachment # 3)
Resolution authorizing the City Manager or his designee to accept
a 2004 State Homeland Security Program Grant from the Texas
Engineering Extension Service in the amount of $298,365 for
pumhase of specialized equipment under the State Domestic
Preparedness Equipment Program and to execute all related
documents. (Attachment # 4)
Resolution authorizing the City Manager or his designee to accept
a 2004 State Homeland Secudty Law Enforcement Terrorism
Prevention Program (LETPP) Grant from the Texas Engineering
Extension Service in the amount of $156,807 for purchase of
specialized equipment under the State Domestic Preparedness
Equipment Program and to execute all related documents.
(Attachment # 4)
Resolution authorizing the City Manager or his designee to
execute a contract modification proposed by the Federal
Emergency Management Agency (FEMA) that would add a one
year extension to the Metropolitan Medical Response System
(MMRS) contract between the City of Corpus Chdsti and FEMA
to accept funding in the amount of $280,000 to be used to
develop an inventory of capabilities report, to sustain the progress
of the odginal project, and to expand the MMRS project beyond
the boundaries of the City. (Attachment # 5)
Ordinance appropriating $280,000 from the Federal Emergency
Management Agency (FEMA) in the No. 1062 Fire Grants Fund
to fund the statements of work identified in the Metropolitan
Medical Response System contract modification with FEMA.
(Attachment # 5)
CI'I'Y' COUNCIL
PRIORITY ISSUES
(Rel~' ~ legend at I~e end o~ ~he
agenda summary)
Agenda
Regular Council Meeting
June 29,2004
Page 4
10.
Resolution authorizing the City Manager or his designee to accept
a grant from the Texas Department of Health in the amount of
$89,010 for diabetes prevention and management services.
(Attachment # 6)
Ordinance appropriating a grant in the amount of $89,010 in the
No. 1066 Health Grant Fund from the Texas Department of
Health for diabetes prevention and management services.
(Attachment # 6)
Ordinance authorizing the City Manager or his designee to
execute a Use Privilege Agreement with Old Concrete Street,
Ltd., for the right to use a portion of the Broadway Wastewater
Treatment Plant property for staging a fireworks display on July
4, 2004, and establishing a fee of $460.00. (Attachment # 7)
Ordinance appropriating $55,926.57 from the unappropriated
interest earnings from Public Health and Safety 2001 Capital
Improvement Program Fund No. 3358 for the Public Safety
Training Facility, Phase I Project; amending FY 2004 Capital
Budget adopted by Ordinance 025647 by increasing
appropriations by $55,926.57. (Attachment # 8)
Motion authorizing the City Manager or his designee to execute
a construction contract with Barcom Commercial of Corpus
Christi, Texas in the amount of $1,400,123 for the Public Safety
Training Facility, Phase 1. (BOND ISSUE 2000) (Attachment #
8)
Motion authorizing the City Manager or his designee to execute
a construction contract with C-D Electric, of Corpus Chdsti, Texas
in the amount of $76,000 for the O. N. Stevens Water Treatment
Plant River Pump Station Raw Water Pump No. 10 Pump
Repairs-REBID. (Attachment # 9)
Motion authorizing the City Manager or his designee to execute
a contract with Wilbur Smith Associates of Dallas, Texas in an
amount not to exceed $59,500 for traffic engineering consulting
services on an as needed basis. (Attachment # 10)
CITY COUNCIL
PRIORITY ISSUES
(Refer ~3 lege~l at ~le e~l o~ Ihe
agenda sumrrary)
Agenda
Regular Council Meeting
June 29,2004
Page 5
11.
12_a.
12.b.
13.a.
13.b.
14.
Motion authorizing the City Manager or his designee to execute
Amendment No. I to the Engineering Services Contract with
Fraese & Nichols, Inc., of Fort Worth, Texas in an amount not to
exceed $64,600 for the Wesley Seale Dam Actuator
Replacement. (Attachment # 11)
Ordinance appropriating $30,000 from unappropriated settlement
proceeds in the No. 3160 City Hall Capital Improvement Program
Fund to provide funding for architectural services for the City Hall
Renovation Phase 2 Project; amending the FY 2003-2064 Capital
Budget adopted by Ordinance 025647 by increasing
appropriations by $30,000. (Attachment # 12)
Motion authorizing the City Manager or his designee to execute
Amendment No. 2 to the Architectural Services Conb'act with
Dykema Architects, Inc., of Corpus Chdsti, Texas in an amount
not to exceed $26,600 for City Hall Renovation Phase 2 Project.
(Attachment # 12)
Ordinance appropriating $89,748 in interest eamings from the
unreserved fund balance of the No. 4243 Wastewater 1999A
Capital Improvement Fund to pay the arbitrage rebate to the
Intemal Revenue Service; amending FY 2004 Capital Budget
adopted by Ordinance 025647 by increasing appropriations by
$89,748. (Attachment # 13)
Motion authorizing the City Manager or his designee to pay
$89,748 of excess arbitrage interest earnings to the Intemal
Revenue Service for the Utility System Revenue Refunding and
Improvement Bonds, Sedes 1999A as required by the Internal
Revenue System at each five-year anniversary date. (Attachment
# 13)
Motion authorizing the City Manager or his designee to authorize
payment of invoices 061504-LH and 061604-LH for twelve
months software maintenance with Sungard HTE, Inc., of Lake
Mary, Flodda in an amount notto exceed $108,402.20. Included
in the maintenance agreement are the Sungard HTE modules for
Utilities Business Office, Central Cashiering, Accounts
Receivable, Collections, Development Services, and Housing and
Community Development_ (Attachment # 14)
CITY COUNCIL
PRIORITY' ISSUES
(Re~ ~ legend at ~e end o~ I~e
age~da summa~)
Agenda
Regular Council Meeting
June 29,2000
Page 6
15.a.
15.b.
16.a.
16b.
17.
J.
18.
19.
Motion authorizing the City Manager or his designee to execute
a contract with AVNET Enterprise Solutions, of Austin, Texas in
the amount of $384,085 to provide and install an IP Phone and
Data System in the Arena and Convention Center. AVNET
Enterprise Solutions is a Catalog Information Systems Vendor
(CISV) with the State of Texas. (Attachment # 15)
Motion authorizing the City Manager or his designee to purchase
fiber optic cable, connectors and associated equipment from
Graybar Electdc Company, Inc., of Corpus Christi, Texas in the
amount of $79,242.60. This cable is needed for the IP Phone
and Data System in the Arena and Convention Center and will be
installed by City forces. Graybar Electric Company, Inc. has been
awarded the electrical and communications/data contract under
United States Communities Program and this pdcing has been
made available to the City. (Attachment # 15)
PUBLIC HEARINGS:
Public headng on request for a variance to operate an
establishment with on-premise consumption of alcoholic
beverages at an establishment known as Santiago's Caf~ located
at 5702 South Staples Street, Suite #E6. (Attachment # 16)
Resolution granting a variance, under Section 4-5(F) of the Code
of Ordinances, to Mirma Elodia Pietsch and Gilberto Gonzalez,
Jr., to operate an on-premise alcoholic beverage establishment
located at 5702 South Staples Street, Suite #E6. (Attachment #
16)
PUBLIC HEARING ON PROPOSED BUDGET:
Proposed FY 2004-2005 Operating Budget. (Attachment # 17)
PRESENTATIONS:
Public comment w~ll not be solicited on Presentation items.
4"' of July - Big Bang Celebration Presentation by Mayor's
Planning Committee_ (Attachment # 18)
Corpus Christi Convention and Visitors' Bureau Quarterly Update.
(Attachment # 19)
CITY COUNCIL
PRIORITY ISSUES
(Rear ~ lege~l at ~he er~ of ~he
a~e~da sunYna~'y)
Agenda
Regular Council Meeting
June 29,2004
Page 7
20. Detailed Update on Bayfront Master Plan. (Attachment # 20)
21. Update of Solid Waste Services. (Attachment # 21)
22. Utility Re-Engineering Update. (Attachment # 22)
REGULAR AGENDA
CONSIDERATION OF MOTIONS, RESOLUTIONS. AND ORDINANCES:
23.a.
Motion authorizing the City Manager or his designee to execute
a supplement to the HTE, Inc. Software License and Services
Agreement between SunGard HTE, Inc. of Lake Mary, Florida
and City of Corpus Chdsti, Texas in the amount of $84,911 for
software license fees, installation and configuration, Interactive
Voice Response (IVR) interfaces, for Intemet online bill payment,
account information, permitting, and other business services for
utility billing, building permits, code enforcement and business
licenses. (Attachment#23)
23.b.
Motion authorizing the City Manager or his designee to execute
a professional services agreement with Selectron Technologies,
Inc., of Portland, Oregon in the amount of $117,800 for Interactive
Voice Response Systems for bill payment, business services,
information and faxing through telephone systems for utility billing
and building permits; and informational IVRs for City
departments. (Attachment # 23)
23.c_
Motion authorizing the City Manager or his designee to execute
a professional services agreement with Hamer Enterprises, Easy
Access Division, of Mc. Allen, Texas in the amount of a four
percent user transaction fee for an Intemet Based Payment
System for recreation program registrations and other City
business processes. (Attachment # 23)
23.d.
Motion authorizing the City Manager or his designee to execute
a professional services contract with Quadrant Productions, of
Corpus Christi, Texas in an amount not to exceed $40,000 for e-
media production services, including video streaming, progressive
downloads, VR panoramas, e-media server administration, and
web cam installation and administration. (Attachment # 23)
CITY COUNCIL
PRIORITY ISSUES
(Re~er ~ legend at Ihe ced c~ Ihe
agenda summa~)
Agenda
Regular Council Meeting
June 29,2004
Page 8
24.
25.
26.
27.
28.
29.
Lw
Motion authorizing the City Manager to enter into an agreement
with Standard Insurance Company for group term life insurance
and accidental death and dismemberment insurance for City
employees actively employed as of August 1,2004. (Attachment
# 24)
Motion authorizing the City Manager or his designee to execute
a contract with Collier. Johnson & Woods, of Corpus ChdstJ,
Texas for an amount not to exceed of $130,000 to perform the
financial and compliance audit requirements for fiscal year 2004.
The term of the contract shall be for one year with an option to
extend for up to four additional one-year pedods. (Attachment #
25)
Motion authorizing the City Manager or his designee to execute
a contract with Gabdel, Roeder, Smith & Company, of Irving,
Texas in the estimated amount of $32,000 to provide professional
actuarial auditing services to audit the most recent Corpus Chdsti
Fire Fighters Pension Fund actuarial report by providing a Level
1 "Full Replication Audit' and an Actuarial Assumption Review.
(Attachment # 26)
Ordinance by the City Council of the City of Corpus ChdsU,
Texas, providing for the issuance of $6,850,000 City of Corpus
Christi, Texas, Combination Tax and Solid Waste Revenue
Certificates of Obligation, Sedes 2004. and ordaining other
matters relating to the subject. (Attachment # 27)
Ordinance authorizing the City Manager or his designee to cancel
(terminate) the five-year concession services lease (that
commenced May 27, 2001) with Pdnce (Mel's) Catedng at both
the Oso Beach Municipal Golf Course and the Gabe Lozano Sr.
Golf Center. (Attachment # 28)
Motion authorizing the City Manager or his designee to execute
an amendment to the Coliseum lease with WD Sports Texas, Inc.
d/b/a Corpus Chdsti Rayz. (No Attachment)
PUBLIC COMMENT FROM THE AUDIENCE ON MATrERS
NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT
APPROXIMATELY 12:00 P.M. OR AT THE END OF THE
COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE
CITY COUNCIL
PRIORrFY ISSUES
(Refar f~ legend at 61e end ~ U~e
agenda s~nrna,"y)
Agenda
Regular Council Meeting
June 29,2004
Page 9
30.
31.
LIMIT PRESENTATIONS TO THREE MINUTES. IF YOUPLAN
TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD,
PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL
CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC_ (A
recording Is made of the meeting; therefore, please speak into the microphone
located at ~he 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 dlrlge a la junta y cree que su ingl~s as Ilmitado, habr~ un Int&rprele
ingl~s-espal~ot en la reunidm de la junta para ayudade.
PER ClTY 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 ClTt?~=N'S FIRS T AMENDMENT RIGHTS.
EXECUTIVE SESSION:
PUBLIC NOTICE is given that the City Council may elect to go into
execub've session at any time during the meeting in order to discuss
any matters listed on the agenda, when authorized by the provisions of
the Open Meeting Act, Chapter 551 of the Texas Government Code,
and that the City Council specifically expects to go into executive
session on the following matters. In the event the Council elects to go
into executive session regarding an agenda item, the section or
sections of the Open Meetings Act autho~fzing the executive session
will be publicly announced by the presiding office.
Executive session under Texas Govemment Code Section
551.087 for deliberations regarding economic development
negotiations, with possible discussion and action related thereto
in open session.
Executive session under Texas Govemment Code Section
551.071 regarding Gerardo Hemandez and Ana Hemandez.
individually and as Representative of the Estate of Sada
Hemandez, Deceased vs. City of Corpus Chdsti. City of Corpus
CITY COUNCIL
PRIORITY ISSUES
(R~'er f~ legend at fl'~ end ~
agenda summary)
Agenda
Regular Coundl Meeting
June 29,2004
Page10
32.
Chdsfi Police Department and Corpus Chdsti Police Officer
Sergio Delgado, Cause No. 03-60985-1, in the County Court at
Law No. 1, Nueces County, Texas, with possible discussion and
action related thereto in open session.
Executive session under Texas Govemment Code Section
551.071 regarding the Nueces County- City of Corpus Christi Jail
Use Agreement and the City's proposed Detention and
Magistration Center, with possible discussion and action related
thereto in open session.
REPORTS:
The following reports include questions by Council to Stuff regarding
City policies or activities; request by Council for information or reports
from Staff; reports of activities of individual Council members and Staff;
constituent concerns; current topics raised by media; follow-up on Staff
assk:jnments; scheduling of future Council meetings and activities; and
other brfef discussions regarding city-related matters.
33. CI'I-Y MANAGER'S REPORT
35.
O.
* Upcoming Items
MAYOR'S UPDATE
COUNCIL AND OTHER REPORTS
ADJOURNMENT:
POSTING STATEMENT:
This agenda was posted on Ihe City's o[flcial bulletin board at Ihe fro~t entrance
to City Hell, 1201 Leopard Street, at 3:00 p.m., June 25 ,2004.
Armando Chapa
City Secretary ~
CITY COUNCIL
PRIORITY ISSUES
(Re~e~ lo legend at the end of ~e
agenda summary)
Agenda
Regular Council Meeting
June 29,2004
Page 11
NOTE:
The City Council Agenda can be found on the City's Home
Page at www.cctexas.com after 7:00 p.m. on the FHday
before regularly scheduled council meeUngs. If tochnlcal
problems occur, the agenda will be uploaded on the
Internet by Monday morning.
Symbols used to highlight act]on Item that Implement
council priority Issues.
CITY COUNCIL
PRIORITY ISSUES
(Ref~ ~ legend at Ihe e~l oi' ~e
age~da summary)
1
MINIJTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
June 22, 2004 - 10:02 a.m.
PRESENT
Mayor Samuel L. Neal Jr. (Amved at 10:24 a.m.)
Mayor Pro Tem Rex Kinnison
Council Members:
Brent Chesney
Javier D. Colmenero
Melody Cooper (Arrived at 10:20 a.m.)
Henry Garrett
Bill Kelly
Jesse Noyola
Mark Scott
City Staff:
City Manager George K. Noe
City Attorney Mary Kay Frscher
City Secretary Armando Chapa
Mayor Pro Tem Kinnison called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by Reverend Gloria Lear of First United Methodist Church and the
Pledge of Allegiance to the United States flag was led by Council Member Garrett_ City Secretary
Chapa called the roll and verified that the necessary quorum of the Council and the required charter
officers were present to conduct the meeting. Mayor Pro Tern Kinnison called for approval of the
minutes of the regular Council meeting of June 15, 2004. A motion was made and passed to approve
the minutes as presented.
Mayor Pro Tem Kinnison deviated from the agenda, and called for consideration of the
consent agenda (Items 3-9). Council members requested that Item 3 be discussed. There were no
comments from the audience. A motion was made and passed to approve Items 4 through 9,
constituting the consent agenda, except for Item 3, which was pulled for individual consideration.
City Secretary Chapa polled the Council for their votes as follows:
4.a. RESOLUTION NO. 025793
Resolution authorizing the City Manager or the City Manager's designee to accept a grant
fi.om the Texas Department of Health Services in the amount of $38,061 for Family Health
and Family Planning Services.
The foregoing resolution was passed and approved with the following vote: Kinnison,
Chesney, Colmenero, Garrett, Kelly, Noyola and Scott, voting "Aye"; Neal and Cooper were
absent.
Minutes - Regular Council Meeting
June 22, 2004 - Page 2
4.b. ORDINANCE NO. 025794
Ordinance appropriating a grant in the amount of $38,061 in the No. 1066 Health Grant Fund
from the Texas Department of Health Services for Family Health and Family Planning
Services.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Kinnison, Chesney, Colmenero, Garret% Kelly, Noyola and Scott, voting
"Aye"; Neal and Cooper were absent.
5.a. RESOLUTION NO. 025795
Resolution authorizing the City Manager or the City Manager's designee to accept an
amendment to the current immunization grant fi-om the Texas Deparlxnent of Health in the
amount of $34,121 for personnel, fringe benefits, travel, and supplies for an immunization
program.
The foregoing resolution was passed and approved with the following vote: Kirmison,
Chesney, Colmenero, Garrett, Kelly, Noyola and Scott, voting "Aye"; Neal and Cooper were
absent_
5.b. ORDINANCE NO. 025796
Ordinance appropriating the amended grant from the Texas Depaxtment of Health in the
amount of $34,121 for personnel, fringe benefits, travel, and supplies to maintain an
immunization program in the No. 1066 Health Grants Fund.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Kinnison, Chesney, Colmenero, Garrett, Kelly, Noyola and Scott, voting
"Aye"; Neal and Cooper were absent_
MOTION NO, 2004-227
Motion authorizing the City Manager or his designee to execute a construction contract with
R_ M. Wright Construction, of El Paso, Texas in the amount of $2,007,600 for the Oso Water
Reclamation Plant Clarifier 2, 3, 4 S~'uctural Improvements for Total Base Bid C_
The foregoing motion was passed and approved with the following vote: Kinnison, Chesney,
Colmenero, Garret% Kelly, Noyola and Scott, voting "Aye"; Neal and Cooper were absent.
Minutes - Regular Council Meeting
June 22, 2004 - Page 3
7. ORDINANCE NO. 025797
Ordinance appropriating $500,000 into the Street Capital Improvement Program Fund No.
3530 from the Regional Transportation Authority (RTA) for the RTA 2004 Special Projects
Program; amending FY 2003-2004 Capital Budget adopted by Ordinance 025647 to increase
Fund No. 3530 appropriations by $500,000.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Kinnison, Chesney, Colmenero, Garrett, Kelly, Noyola and Scott, voting
"Aye"; Neal and Cooper were absent.
8. RESOLUTION NO. 025798
Resolution authorizing the resale of one foreclosed property located at 3942 Marlin which
was foreclosed upon for failure to pay ad valorem taxes for $7,000.
The foregoing resolution was passed and approved with the following vote: Kinnison,
Chesney, Colmenero, Garrett, Kelly, Noyola and Scott, voting "Aye"; Neal and Cooper were
absent.
9. ORDINANCE NO. 025799
Ordinance abandoning and vacating a 3,155-square foot portion of a 20-foot wide utility
easement out of Block B-2B, Cullen Place; requiting the owner, Dr_ Ronald Kuffel, Jr., to
comply with the specified conditions and replat the property within 180 days at owner's
expense_
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Kinnison, Chesney, Colmenero, Garrett, Kelly, Noyola and Scott. voting
"Aye"; Neal and Cooper were absent.
Mayor Pro Tem Khmison opened discussion on Item 3 regarding setting the public hearing
date for the proposed FY 2004-2005 operating budget during the June 29, 2004 meeting. Council
Member Kelly and Council Member Scott noted that they would not be able to attend the June 29
meeting_ Mr. Kelly asked if there was any flexibility in setting the date_ City Manager Noe replied
that staffhad requested this schedule so the Council would consider the first and second readings
of the budget ordinance on July 13 and July 20 respectively_ He said this would give staffan exlra
week to prepare for the start of the new fiscal year on August 1_ Assistant City Manager Mark
McDaniel added that the Nueces County Tax Appraisal Dislrict had not confu-med that they would
be able to provide the certified tax roll by July 20, so the second reading may have to take place on
July 27. City Secretary Chapa added that the public hearing date was subject to a number of
advertising requirements that were already in progress. Thus, Mr. Kelly and Ma'. Scott concurred
with setting the proposed budget public hearing during the June 29 meeting, but they requested
videotapes of the meeting and that good notes be taken in their absence. There were no comments
from the audience. City Secretary Chapa polled the Council for their votes as follows:
Minutes - Regular Council Meeting
June 22, 2004 - Page 4
MOTION NO. 2004-226
Motion setting a Public Hearing on the Proposed FY 2004-2005 Operating Budget during
the Regular Council Meeting of June 29, 2004.
The foregoing motion was passed and approved with the following vote: Kinnison, Chesney,
Colmenero, Garret*, Kelly, Noyola and Scott, voting "Aye"; Neal and Cooper were absent.
Mayor Pro Tem Kinnison referred to the first presentation the day's agenda, a report on the
Stage I findings and recommendations for the Padre Island desalination plant feasibility analysis
and siting plan. Mr. Jonathan Heckler with Carollo Engineers first provided a recap of the work that
had been authorized to date as follows: project authorization (12/02); complete Stage 1 assessment
(6/03); validation of growth population; water demands, and water quality; Padre Island water
modeling; approval of aquifer storage and recovery ASR (3/31/04); and approval of pump station
modifications (6/8/04)_
Mr. Heckler then covered the conclusions fi-om the validation study. He stated that the
following conclusions were made regarding ASR: it was a viable part of the overall water supply
concept; ASR costs were now better defined; there was now a more complete understanding of
subsidence and how to manage it; and the storage capacity was limited to about 10 mgd in total. He
provided the following conclusions regarding reverse osmosis (RO): RO source wells are viable, but
production was limited to 5 mgd; and the impacts of water quality on RO costs were not known.
Mr. Heckler next discussed the conclusions fi-om the water supply alternatives study. First,
he said the current method of supplying peak-hour water demands fi-om the mainland was not cost-
effective_ Second, he said the "RO/ASR-only" alternative was not cost-effective at total dissolved
solid (TDS, a level of salinity) levels of 15,000 mg/L. Third, the "RO/ASR/Pipeline" alternative
was competitive on a capital cost basis, but operational costs increase unit costs by about 20 percent
over other alternatives. Finally, he said a combination of a pipeline with ASR alternatives offered
more flexibility to proportionally respond to increasing demands, and offered improved reliability
of service.
Mr_ Heckler referred to a chart detailing the minimum cost alternatives in the water supply
alternatives study_ He noted that each of the alternatives were expensive, ranging fi-om
approximately $246 million to $325 million, but he stated that each was designed to provide the
island's water until 2050. Mr. Colmenero asked what the cost per thousand gallons was only using
the RO method_ Mr_ Heckler replied that the cost was approximately $3 to $4 per thousand gallons.
The pipelines/ASR combination, by contrast, would cost approximately $1.47 per thousand gallons.
Mr. Heckler stated that the evaluation of the water supply alternatives study was comprised
of three basic categories related to improved service: pumping and distribution, storage, and supply_
He referred to a chart illuslxating the peak hour curve versus facility improvements. He reported that
TCEQ was mandating the implementation of elevated storage on the island.
Mr Heckler discussed a number of graphs depicting the peak hour curve versus each facility
Minutes - Regular Council Meeting
June 22, 2004 - Page 5
improvement. He said the graphs showed that the Padre Island Pumping Station improvements,
initial ASR facilities improvements, and the elevated tank and PR 22 transmission pipeline
completion would eventually meet the island's peak water needs until 2016. He also showed a series
of graphs depicting the maximum day demand curve versus supply. He noted that by simply
creating a separate service zone for the island, the hydraulics between the mainland and the islaad
changed to allow the existing 24-inch pipeline to carry the additional capacity and meet today's
demand. He said the next step in meeting future maximum demand would be to bring the initial
ASR project on-line at the end of 2005. Finally, initiating the Laguna Madre crossing project in
2006 would meet the island's maximum day demand through 2018. An important consideration,
however, would be the reliability of the system, since the 24-inch pipeline was 30 years old with a
50-year lifespan_ Mr. Heckler stated that putting redundancy measures in place would be important
to ensure the reliability of the system in case of emergency. Mr. Ed Garafla, director of the water
department, stated that once the Laguna Madre pipeline was activated, the water department would
be able to determine the condition of the 24-inch pipeline and rehabilitate it during the off-peak
winter months without affecting the island's water service.
Mr. Heckler stated that the team was recommending that the city go forward with plans for
elevated storage and transmission on the island and expedite the plans for the Laguna Madre
crossing. He noted that ASR was scheduled to go on-line at the end of 2005. He emphasized that
these medifications bought the city some time to closely study the growth patterns, water demands,
and system performance in the island area. This study would provide valuable information for the
city's next milestone decision point in June 2006.
Mr. Heckler reviewed a chart depicting the summary of the status for the recommended
short-term improvements. He said the costs for the ASR production facility, Padre Island pump
station, conversion of Padre Island to a separate service zone, southside transmission system phase
4 and 5, and the Laguna Madre crossing were all scheduled for completion before the end of 2006.
He stated that those near-term improvements were needed in order to stay ahead of the water
demand curve. He said about 40 to 50 percent of the total costs, approximately $79 million, were
included in the FY 2004-2005 capital improvements program.
Finally, Mr. Heckler addressed the plan for the RO pilot plant_ He said the team
recommended that the city refi'ain from proceeding with the RO pilot plant at this time because the
quality of the water in the aquifer required more processing than anticipated, and thus was not cost-
effective. He said the city could re-evaluate the need for the RO pilot plant in the future if advances
in technology made the process more cost-effective.
Mr. Chesney asked how much money the city had spent to determine whether a desalination
plant on the island was feasible. Mr. Heckler replied that approximately $200,000 was expended
to determine whether the RO process (desalination) was feasible. City Manager Noe added that the
balance of the $2.3 million spent in total on the study was being applied to projects that the city
would be proceeding with to address the water needs of the island. Mr. Chesney stated it was
important for the city to demonstrate to the community that they had seriously considered a
desalination plant, and he appreciated the consultants' honest recommendation not to go forward
with a desal plant at this time. Assistant City Manager Massey pointed out that the city was still not
finished evaluating the feasibility of a desal plant, noting that the city was still involved in the
Governor's desal program. He also said that this desal feasibility study was focused on processing
Minutes - Regular Council Meeting
June 22, 2004 - Page 6
brackish groundwater, while the Governor's desal project was focusing on other water sources.
Mr. Scott pointed out that the city was spending approximately $50 m/Ilion to improve water
service on the island, a significant investment. If one included the southside transmission system
improvements, he said the figure rose to $247 million_ He said he didn't know of any other area of
the city that was receiving this type of commitment to water system improvements.
Mr. Garrett asked if the team has identified a site for the elevated storage tank. Mr. GamBa
replied that the optimal location would be somewhere on Park Road 22 between Whitecap
Boulevard and Commodore Drive_
Mr_ Colmenero asked how many elevated storage tanks would be needed. Mr. Heckler
replied that one storage tank with a 1 million gallon capacity would address current needs, and one
additional tank with a 500,000 gallon capacity could be needed in the future at another site on the
island, depending on population growth_
Mayor Neal thanked the consultants for their efforts_
Mayor Neal deviated from the agenda, referred to Item 2, and the following board
appointments were made:
Human Relations Commission
Amy Rhoads Granberry (Reappointed)
Dr. Smart Elovitz (Reappointed)
Betty Black (Reappointed)
Marisa K. Dowling (Reappointed)
Albert Santoya (Reappointed)
Leah Patterson (Appointed)
Robert Adler (Appointed)
Lucy Reta (Appointed)
Adriana Zepeda (Appointed)
Oscar Hinojosa (Reappointed as Chairman)
Oil and Gas Advisory Committee
Clifton McMasters (Appointed)
Mayor Neal referred to Item 11, a third quarter report on the FY 2004 health benefits/risk
management fund. Director of Human Resources Cynthia Garcia fa-st reviewed a chart depicting
the number of claims filed per plan for health benefits. She said the average number of claims filed
in the third quarter (6,130) was higher than the average number of claims filed in the second quarter
(5,340). She noted that the fa'st quarter average was also high (6,061), but it was affected by the
transition from EnlamstJSpohn to Humana. Ms. Garcia stated that the good news was that a
comparison of this year's third quarter numbers and last year's third quarter numbers showed that
the number of claims had decreased significantly from the monthly average of 65.72.
Ms. Garcia reported that the average cost per month also increased this quarter compared
Minutes - Regular Council Meeting
June 22, 2004 - Page 7
with the second quarter, going fi.om an average of$1,016,000 per month to $1,224,000 per month_
She pointed out that this figure was down from the first quarter monthly average of $1,392,000, and
also down fi.om last year's third quarter figure of $1,581,000.
Ms. Garcia reported that the average amount per claim appeared to be stabilizing at
approximately $200 per claim. She remarked that this figure was significantly down from the
August average cost per claim of $387, and also down from last year's thixd quarter average of
$242_82_
Ms. Garcia then reported on the third quarter performance of the risk management fund,
beginning with workers' compensation and liabilities. She referred to a graph depicting incurred
costs versus paid costs for the first nine months of FY 2004, and then compared this year's
performance with the first nine months of previous fiscal years_ She stated that the number of claims
filed this year-to-date was 802, up 29 claims fi.om this same period last fiscal year. Of the 802
claims, the number of claims not paid on was 297, with 505 claims requiring payments of more than
$1. Although the dollar amounts are greater than prior years, she said the increase was attaSbutable
not only to the increased number of claims, but also due to moving cost containment fees to the paid
amount this year She said the department has also increased case management services and added
surveillance services that are believed to impact the dollar amounts in the long mn. Salaries and
medical inflation also impact the dollar amount.
Ms. Garcia highlighted a new chart illustrating the dollars paid in the current year for
previous years' claims. She said a total of $1,564,793 has been paid during the first nine months of
this year on prior year claims.
Ms. Garcia referred to a slide depicting the year to date claims count by depa,tment. She
remarked that the solid waste, water and gas department's claims had decreased, but claims for
police, fire, wastewater, streets, and the parks departments had increased from 14 percent
(wastewater) to 70 percent (streets)_ The next slide illustrated the year-to-date incurred cost
comparison by department_ Not surprisingly, she said the police department had the highest incurred
costs at $816,838, followed by streets ($170,829), fire ($165,062), and solid waste ($101,648)_
Ms. Garcia referred to a chart depicting the year-to-date claims count by type of injury. She
said the "all other trauma" category, including fractures, heat prostration, and dislocation, was the
most common type of injury, followed by strains, and then contusions.
Regarding general liabilities, Ms. Garcia referred to a chart showing the incurred costs by
depaxtment for the period ended April 30. She said the chart showed a cost increase of 13 percent
compared to last year at this time_
Ms. Garcia also reviewed a graph illustrating dollars paid in current year for previous years'
claims as of April 30, 2004. She said the total amount spent so far this year in general liability is
$1,907,610.
Finally, Ms. Garcia briefly discussed a graph showing the types of claims for the period
ended April 30. She commented that vehicle damage was the most common type of claim, totaling
327 claims, followed by property damage with 219 claims.
Minutes - Regular Council Meeting
June 22, 2004 - Page 8
Mr. Garrett said a city employee told him that his insurance rates had increased by $57 a
month. He asked why rates were increasing so dramatically. Ms. Garcia replied that an actuarial
study had been completed, and staff based the rates they recommended to the Council on the
outcomes of the study. This year's data only included five months of data fi.om Humana's tenure as
the city's third party administrator. Thus, the actuary looked at last year's claims, which were quite
high under Entrust (the city's former third party administrator), and then factored in five months of
this year's claims under Humana. The actuary also considered medical inflation rates and the city's
historical claims rates when making their recommendations. In addition, Ms. Garcia said the city
needed a reserve fund to draw from when the city ended a contract with one third party administrator
and one network, and began with another. The reserve fund would also serve as a "shock absorber"
against sudden increases in medical rates. City Manager Noe added that the city's outside auditors
insisted that the city continue to use an actuarial study to set insurance rates.
Mayor Neal asked who oversaw the city's claims review for cost-effectiveness. Mr. Quentin
Masters, health benefits administrator, stated that Humana did the claims review, and the city would
probably engage an audit team to quickly review Humana's work.
Mayor Neal opened discussion on Item 14 regarding the approval of the FY 2004-2005
Crime Control and Prevention District budget. There were no comments fi'om the audience or from
the Council. City Secretary Chapa polled the Council for their votes as follows:
14. RESOLUTION NO. 025800
Resolution approving the FY 2004-2005 budget of the Corpus Christi Crime Control and
Prevention District.
The foregoing resolution was passed and approved with the following vote: Neal,
Colmenero, Cooper, Gareth Kelly, Kinn/son, Noyola and Scott, voting "Aye"; Chesney was
absent.
Mayor Neal opened discussion on Item 15 regarding the food and beverages contract with
Centerplate for the new arena and for the convention center. Assistant City Manager Margie Rose
provided a brief history on the contract to date. She said in March 2003, staffissued a Request for
Proposal for food and beverage services for the new arena and the convention center, and selected
Centerplate as the best qualified firm. On August 16, 2003, she said the Council authorized the city
manager to enter into negotiations with Centerplate. During the meeting, Ms. Rose said the Council
directed staffto meet with the local caterers to discuss the proposed con~'act. In October 2003, staff
met with local caterers. While discussion occurred during the meeting about general issues related
to the proposed agreement, staff agreed to meet with the local caterers again at some future date.
On June 17, 2004, staff again met with local caterers to discuss the proposed Centerplate contract
and to also discuss policies and procedures_ She commented that copies of the both the proposed
agreement and proposed policies were submitted to the caterers before the meeting. Ms. Rose said
the goal was to discuss the policies and answer the caterers' questions before bringing the agreement
to the Council, which staff feels they have accomplished.
Minutes - Regular Council Meeting
June 22, 2004 - Page 9
City Manager Noe added that the agreement was similar to other agreements at the
convention center where a fee is paid to the company managing operations, but the city is
responsible for the expenses and receives the revenues. He said food and beverage catering
remained open to local companies, and the policies and procedures reflected that agreement.
Mr. Kinnison asked if the arena was going to have a food court area, and if so, were local
food vendors going to be given the opportunity to participate. Mr. Michael Baker with Centerplate
said his company was in the beginning stages of creating the food court. He said Centerplate would
incorporate vendors fi.om the local community, as well as national branded concepts and internal
concepts. Mr. Kinnison asked when Centerplate would announce the arena food court vendors. Mr.
Baker replied that if today's agreement was approved, Centerplate would expedite the process and
hopefully make an announcement in about a month.
Several council members commented that there appeared to be little opposition to the
Centerplate agreement fi.om local caterers, quite a turnaround fi.om the last Council meeting when
it was discussed. There were no comments fi.om the audience. City Secretary Chapa polled the
Council for their votes as follows:
15. MOTION NO, 2004-228
Motion authorizing the City Manager or the City Manager's designee to execute an
agreement with Service America Corporation, doing business as Centerplate, of Spartanburg,
South Carolina to operate and manage the food and beverage services at the new Multi-
Purpose Arena, Convention Center and Selena Auditorium.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
Mayor Neal called a brief recess to hold the annual meeting of the city corporations.
The Council returned fi.om recess, and Mayor Neal called for petitions fi-om the audience.
Mr. JohnNelson, 7125 Cano Lane, spoke regarding his concern that citizens were losing their homes
due in part to rising property taxes. Mr. Jack Gordy, 4118 Bray Drive, and Mr. Bill Kopecky, 3609
Topeka, spoke in support of implementing Proposition 13. Mr. Andy Barboza, chairman of the
firefighters retirement system, spoke regarding his concern that the city's firefighters are not
receiving increases to their pension system commensurate with those being received by city
employees this year.
Mayor Neal announced the executive sessions, wkich were listed on the agenda as follows:
Minutes - Regular Council Meeting
June 22, 2004 - Page 10
17.
Executive session under Texas Government Code Section 551.071 regarding Gerardo
Hernandez and Aha Hemandez, Individually and as Representative of the Estate of Saria
Hemandez, Deceased vs. City of Corpus Chr/sti, City of Corpus Christi Police Department
and Corpus Christi Police Officer Sergio Delgado; Cause No. 03-60985-1, in the County
Court at Law No. 1, Nueces County, Texas, with possible discussion and action related
thereto in open session.
18.
Executive session under Texas Government Code Section 551.071 regarding the use of
public fights-of-way and property by pipelines, grants of fights therein, fees therefore,
existing revocable easements for pipelines, and related matters, with possible discussion and
action related thereto in open session.
19.
Executive session under Texas Government Code Section 551.071 regarding the Nueces
County - City of Corpus Christi Jail Use Agreement and the City's proposed Detention and
Magistration Center, with possible discussion and action related thereto in open session_
The Council went into executive session. The Council returned from executive session and
the following motions were passed with the following vote:
18.a. MOTION NO. 2004-229
Motion authorizing the City Manager to execute a professional services agreement with
David Williams, Pipeline Compliance America, Victoria, Texas, to identify pipelines located
within City's rights-of-way, utility easements, and other City properties for use of the City's
emergency management program and collection of fees for use of City's fights-of-way,
utility easements, and other City properties, subject to certification of funds.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Cooper, Garrett, Kelly, Kirmison, Noyola and Scott, voting "Aye"; Colrnenero was absent_
Minutes - Regular Council Meeting
June 22, 2004 - Page 11
18.b. MOTIONNO. 2004-230
Motion authorizing the City Manager and the City's attorneys to take the following actions:
(1) Revoke or terminate revocable easements and use privilege agreements with
pipeline companies that use or occupy City's rights-of-way, utility easements, and
other City properties w~thout adequate compensation to the City.
(2) Meet with the Port Industries of Corpus Christi and pipeline industry to explain
basis for City's action and the need to develop fair and equitable annual fees for use
of City's rights-of-way, utility easements, and other properties_
(3) Attempt to reach long term settlement agreements with the pipeline companies
for prior and on-going use of City's rights-of-way, utility easements, and other
properties.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Cooper, Garrett, Kelly, Kiunison, Noyola and Scott, voting "Aye"; Colmenero was absent.
Mayor Neal referred to Item 12, a presentation on the preliminary recommended Bond 2004
program_ City Manager Noe briefly reviewed the Council's direction on that bond issue to date.
During the Council retreat on May 4, 2004, the Council discussed the general strategy of looking
at a $100 million bond issue and reducing it to $90 million_ Of the $90 million, $70 million would
be dedicated to street projects and would not necessitate a tax increase_ The $20 million balance
would be dedicated to other types of improvements, and would represent an approximately two-cent
tax increase. Since the May retreat, City Manager Noe said staff had been refining the
Neighborhood Streets portion of the proposed street projects. In addition, Mr. Noe said the Council
has introduced a number of other issues and requests for additional work.
City Manager Noe stated that City Engineer ~kngel Escobar would review the proposed $90
million package for the Council's discussion today, and Mr. Jeff Leuschel, bond counsel, would
discuss ways to structure the ballot propositions to meet the Council's objectives.
Council Member Chesney interjected by saying that he was concerned about presenting any
bond proposal that would require a tax increase in the current climate. He suggested a $70 million
bond proposal that would include street projects as well as other projects because it would not
require a tax increase. He also suggested that the Council consider delaying the bond election until
April 2005 because ~t may provide more opportunities to inform the public.
Mr. Kelly stated that he has always been in favor of a smaller bond issue that would not
require a tax increase. He said he was strongly in favor of the Northwest library project, and thus
could not support a $70 million bond issue that did not include other projects besides streets.
Finally, he said he was not opposed to the November election date.
Mr. Kiunison remarked that staffused a three percent growth assumption when estimating
Minutes - Regular Council Meeting
June 22, 2004 - Page 12
the size of the bond issue the city could propose without a tax increase. He said that current
conditions seem to indicate that the city was growing closer to a four percent rate now_ He asked
how a four percent growth assumption would change staffs estimates. Assistant City Manager Mark
McDaniel replied that the estimated two-cent tax increase for a $20 million bond issue would
decrease to a 1.5-cent increase at best_ Or, he said the $70 million bond issue could be increased
slightly to $75 million without a tax increase. Finally, Mr. Kinnison said he preferred the November
election date.
Mr. Kinnison asked for information on how the bond propositions could be structured. Mr.
JeffLeuschel with McCall Parkhust and Horton, bond counsel, fa'st discussed the legalities of how
to word a bond proposition. He said the law has evolved into a "singleness of purpose" doctrine.
Thus, he said the wording of the proposition depended on the types of projects in the package, rather
than a "tax increase" versus a "non-tax increase" package. He said, for example, that there could
be a streets proposition, a park and recreation proposition, and/or a police station proposition, but
a proposition co-mingling the projects was not allowed. Mr. Kinnison asked if the city could have
three separate propositions requiring three separate votes that, if approved, would mean no tax
increase. Mr. Leuschel answered affwrnatively, saying that the City of Dallas used a similar
approach in their recent bond election. He said, however, that the City of Dallas did not specify
that if the voter approved Proposition "X', the result would be no tax increase. If there were
several propositions on the ballot, he said there was no way the city could guarantee the end result
since there was a potential to "mix and match" propositions_
Mr. Kinnison also stated that he was not convinced that the current climate would not
support a tax increase. He said he wanted to remain open-minded at this point until the Council
narrows down the project list. He stated that he was not opposed to giving the voters the opportunity
to vote on a small tax increase if he felt the proposed projects were truly needed.
Mr. Scott said he was in favor of the November election date. Regarding the $70 million
bond issue, he said if the Council was considering reducing the number of street projects to
accommodate other projects, then he would request that none of the District 4 street projects be
removed. In addition, he said he was not prepared to eliminate the tax increase option today. He
was not opposed to allowing the voters to decide whether they wanted projects which may require
a tax increase_
Mr. Noyola spoke in favor of the November election date. He also spoke in favor of
allowing the voters decide whether or not to increase taxes to pay for certain projects. Finally, Mr.
Noyola said he supported the $90 million proposed bond package.
Mr. Colmenero expressed his concern about how the city would educate the voters on each
of the different propositions and whether a vote in favor could result in a tax increase. City Manager
Noe replied that staffhas been waiting for Council direction on how they would like to structure the
ballots. In the past, the Council has wanted to provide the voters with multiple options, so staffhas
Ol:~rated on that assumption. Mr. Leuschel added that other cities have offered the voters
information packets with general descriptions of the projects. City Manager Noe stated that the city
used a similar information packet for Bond 2000, and once the bond package was finalized, staff
could produce a similar packet. Mr. Colmenero asked if the city could use a different color ballot
for this election. Mr. Leuschel said staffcould look into it. Finally, Mr. Colmenero thanked staff
Minutes - Regular Council Meeting
June 22, 2004 - Page 13
for their work, and said he was in support of the proposed package.
Mr. Garrett stated that he was also in favor of the November election date. He said he did
not support any proposed package that would require a tax increase, but he felt the voters should be
allowed to decide. He preferred offering a $70 million package that would include street projects,
the new Southside library, the Northwest library extension, and a fire station. Then, he said the
voters could be offered other projects fi.om which to choose from, with the understanding that these
projects would result in a tax increase if approved.
Mr. Kinnison pointed out that since the proposed $70 million bond package did not include
utilities, if it was approved, it would result in a three percent utility rate increase (one percent per
year over three years) to pay for utility work. Assistant City Manager McDaniel stated that this
would amount to an approximately 60-cent increase per month.
Mayor Neal stated that he preferred a November election date. He also said it would be
difficult to pull any projects from the $90 million package because there were large constituencies
in favor of many of the projects (e.g. bayfront development and H_E.B. tennis center). He thought
the community should be given the opportunity to vote on these projects.
City Engineer Escobar briefed the Council on the preliminary recommended Bond 2004
program. He highlighted a number of projects that were not part of the original $100 million
package, and have since been added. The sa'eet projects are as follows: Greenwood Drive Phase
1 (Gollthar to South Staples) - $2.76 million; Laguna Shores Road from Graham to Hustlin' Hornet-
$3.4 million; ROW/Access Development for Padre/Mustang Islands - $1.2 million; Greenwood Dr.
Phase 2 - Home to Gollihar - $1.8 million; and Westpoint - Columbia to Greenwood - $920,000_
Regarding the park and recreation projects, he said a neighborhood parks improvements project was
added at an estimated cost of $500,000, and a windsports park improvements project in South Cole
Park for approximately $100,000_ Finally, he said a Padre Island aesthetic development
participation project was added at approximately $150,000. He noted that TxDOT has offered to
contribute an additional $150,000 for these improvements_
City Engineer Escobar also briefed the Council on the revised neighborhood streets
reconstruction project. He said the project included the following street clusters: Riverside area
(behind Calallen high school) - $856,000; 2 - Nueces Bay/Buddy Lawrence area - $786,000; 3 -
South Port/Greenwood Area - $2,025,000; 4 - Manshiem/Sunnybrook area - $1,473,000; 5 - Holly
/ Kostoryz area - $1,762,000; 6 - Alameda/Reid area - $1,881,000; and 7 - Nile area - $645,000. The
total project cost was an estimated $9,428,000. He commented that clusters 4 and 6 were being
recommended to optimize funding due to the Council-approved CIP drainage projects located in
these areas_
Mr. Kinnison asked staffto pursue extending the option to purchase the land for the police
training facility. He also stated that he would consider removing the police impound lot project and
the deferred maintenance project from the packages. He spoke in favor of including the new
Southside library project in the $90 proposed bond package, and he asked staff to pursue this.
Mr. Scott spoke in support of the Laguna Shores project, Padre Island access acquisition
project, and the improvements to Billish Park.
Minutes - Regular Council Meeting
June 22, 2004 - Page 14
Mr. Colmenero asked staff to research funding options for the "Harbor Place" concept the
Convention and Visitors Bureau had presented at a previous Council meeting to develop the Corpus
Christi Beach area.
Mayor Neal asked staff to look at structuring the bond packages to include an option that
would result in a tax increase and one that would not result in a tax increase.
Council members then asked questions about specific projects.
Mr. Kinnison remarked that the November ballot would include the Bond 2004 proposal,
charter amendments, and the Proposition 13 petition. He questioned the wisdom of having all these
items on the ballot. He suggested that perhaps the charter amendments could be postponed to the
April election. Mayor Neal said he would not be opposed to moving the charter amendments to the
April election.
Mayor Neal asked what the balance of the schedule was. City Manager Noe replied that the
plan was to have a public hearing on July 13. Mayor Neal asked if the public hearing could be
moved to July 20. City Secretary Chapa replied that the Council had until the last meeting in July
to make their decision_ Mayor Neal stated that he did not want to hold the public meeting until the
Council had made their final decision on the proposed bond issue. He asked staffto refine the
proposals and present them to the Council next week.
Mayor Neal referred to Item 13, a special budget presentation providing an overview of
proposed FY 2004-2005 special revenue, internal service, and debt service funds budgets. Assistant
City Manager McDaniel began by showing a chart detailing the expenditures by fund He
commented that the combined funds totaled $33.7 million, with the largest fund being the hotel
occupancy tax fund at $9.2 million, or 27 percent_
Mr. McDaniel discussed the hotel tax and visitors facilities funds together since they were
so closely related. He commented that the majority of the revenues (89 percent) for the visitors
facilities fund were taken fi.om the hotel occupancy tax fund. In addition, he said funds were being
transferred into the arena fund to cover first-year start-up costs_ Regarding expenditures for the
visitors facility fund, he noted $700,000 was being taken fi.om the arena fund for start-up costs.
Regarding hotel occupancy tax fund expenditures, he said the largest expenditure was for the
Convention and Visitors Bureau (CVB) promotions (38 percent). He commented that a significant
portion of the fund (14 percent) was spent on beach services, approximately $1 million.
Mr_ McDaniel covered a number of fiscal issues affecting the visitors facilities fund. He
remarked that this was a year of transitions for these funds. First, he said the city would begin
conlanacting for the fu'st full year of the operation and maintenance of the new American Bank Center
and the expanded convention center, including a separate catering contract. He said the use of hotel
occupancy tax funds was expected to continue until the city knew what the costs would be fi'om year
to year. He also noted that a portion of arena funds would be used to cover initial start-up costs.
Finally, Mr_ McDaniel stated that the coliseum would be used in its current capacity until November
1.
Minutes - Regular Council Meeting
June 22, 2004 - Page 15
Mayor Neal commented that there was a great deal of concern about the amount of funding
available to promote the new arena and expanded convention center over the next two to three years.
He suggested postponing the approximately $250,000 debt payment on the Columbus Ships that was
currently being taken out of the CVB's allocation for three years, and then using these funds for
arena and convention center promotion. Mr. Scott remarked that any additional revenue from ad
valorem taxes could also be used to relieve the CVB fund from certain payments for landscaping
and the maintenance of Heritage Park, for example, and reallocating those revenues for promotion_
Mr_ Kinnison stated that he had suggested to several members of the CVB board that they might
consider adding a half-cent to one-cent increase in the hotel occupancy tax, pending approval by the
legislature. The additional revenues could then be dedicated strictly for CVB marketing and
promotion. He also suggested reallocating a line item for a $50,000 increase in funding to the South
Texas Institute of the Arts to CVB promotion and marketing efforts_ Mayor Neal asked staffto
provide the Council with a number of options for increasing funds for CVB marketing and
promotion_
Regarding the hotel occupancy tax fund receipts, Mr. McDaniel stated that staffs projections
were based on the following assumptions: 4.65 percent growth on the seven percent tax for the
calendar year; and 3.5 growth for FY 2004-05_ He noted that the portion of the receipts earned fi.om
taxpayers in annexed areas on the island has not grown significantly since 2002, but the city's
balance has grown.
Mr. McDaniel discussed a number of hotel occupancy tax fund fiscal issues. He stated that
the budget included a payment to the CVB per the current contract, plus an early payout of the
American Bowling Conference incentive; an increase for beach maintenance funding; and the same
funding level for contributions to the arts/historical venues for the promotion of tourism_
The next special revenue fund was the development services fund. He said the fund was still
being subsidized by the general fund (36 percent). Building permits comprised the largest soume
of revenue at 20 percent, and he said this fund was up by $80,000 compared to budget this year.
Regarding expenditures, he said inspections comprised the largest portion of the budget at 42
percent. Fiscal issues for the development services fund included the following items: improved
building permit activity; reduced general fund subsidy; and enhanced E-services and computer
support_
Mr. McDaniel then discussed the five funds comprising the other special revenue funds,
which were primarily funded through one-eighth cent sales tax funds, as follows: Crime Control and
Prevention District sales tax (22 percent); Reinvestment Zone No. 2 taxes (4 percent); seawall sales
tax (25 percent); business and job development sales tax (24 percent); and the arena sales tax (25
percent). Regarding expenditures, he noted that the arena and seawall tax fund expenditures were
comprised almost entirely of debt payments. In addition, he said the Crime Control and Prevention
District tax fund expenditures were exceeding revenues by four percent, but the board was working
on a plan to address this issue. Finally, he commented that the baseball stadium reserve fund was
beginning to expend funds towards the stadium project. Fiscal issues for those funds were as
follows: termination of Reinvestment Zone No. 1; debt service for Reinvestment Zone No. 2
(Packery Channel); Crime Control and Prevention District fund budgeted per Board approval;
continued debt service for the arena, seawall, and stadium projects; and continued funding for the
creation of jobs through business incentives and affordable housing fi.om the 4A Board fund.
Minutes - Regular Council Meeting
June 22, 2004 - Page 16
The next category of funds were the internal service funds, comprised of the risk
management fund and the internal services fund, which support other city operations on a cost basis.
He explained that the risk management fund comprised 50 percent of this fund, or $23 million.
Regarding the risk management fund, Mr. McDaniel stated that the cost/premium increases in the
fund recommended through the actuary study were included in the budget. He also commented that
this fund continued to see positive fiscal trends. Regarding the municipal information services
(MIS) fund, he said funds were budgeted for maintenance and upgrades for enterprise systems, the
AMR/WiFi initiative, and Phase II of the call center implementation. Finally, regarding the
maintenance services fund, he noted that there was a decrease in capital but increases for parts and
fuel.
Mr. McDaniel then discussed the debt service funds, comprised of the following funds:
general (41 percen0; arena (5 percent); stadium (4 percent); TIF/RIZ #2 (1 percent); utility (40
percent); airport (4 percent); and seawall (5 percent). He referred to a graph depicting the city's
combined general long-term debt projections fi.om FY 2004-05 to FY 2022-23. He noted that the
debt decreased substantially in FY 2008-09, and staffwas working with the city's financial advisor
to prevent a tax increase in the early years if Bond 2004 is voter-approved_ He also referred to a
graph showing the combined utility system long-term debt, saying that the system was fairly stable
through FY 2009-10. Finally, he discussed pending issues/bonds in the debt service funds. First,
he noted that the new COs for landfill improvements and the general obligation funding had been
authorized and were pending. In addition, the commercial paper refunding and the Packery Channel
final issue were scheduled for authorization on July 13. Lastly, he said the Bond 2004 was
scheduled for the November election and bond issuance in March 2005.
In conclusion, Mr. McDaniel reviewed the balance of the budget schedule. He said the
budget public hearing was scheduled on June 29, and the first and second readings of the budget
authorization ordinance were scheduled for July 13 and July 20. He stated, however, that the second
reading may be delayed to July 27 if the city did not receive the certified roll by July 20. The
Council then asked a number of questions.
Mayor Neal called for the City Manager's report. City Manager Noe reported that the fifth
and final Neighborhood Improvement Project was scheduled to begin in the Flour Bluff area
tomorrow evening at 6'00 p.m. at the Small World pre-school. He announced that the city has
received a "storm-ready city" designation from the National Weather Service. In addition, he said
for the next seven to ten days, sections of Airline Road would be closed for emergency utility repairs
associated with the recent street cave-in. Finally, he stated that the following items were scheduled
for the June 29 meeting: public hearing for the operating budget and a presentation of the Bayfront
Master Plan.
Mayor Neal called for Council concerns and reports_ Referring to Item 19, Mr. Scott made
the following motion, seconded by Mr. Garrett. City Secretary Chapa polled the Council for their
votes as follows:
Minutes - Regular Council Meeting
June 22, 2004 - Page 17
19_ MOTION NO_ 2004-231
Motion authorizing the Mayor to convey to Nueces County that the City is rejecting their last
offer regarding the City/County Jail Use Agreement and informing them that the City's last
offer dated May 25, 2004 remains in effect through June 30, 2004.
The foregoing motion was passed and approved with the following vote: Neal, Colmenero,
Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Cooper were absent.
Mr. Scott also mentioned a problem with a slxeet near the catholic church on the Island. City
Manager Noe replied that he would look into the matter_
Mr. Kinnison announced that the next Flicks in the City event would take place on Saturday
night, featuring a 50's theme.
Mr. Noyola asked for an update regarding his inquiry about school-zone flashing lights on
Bear Lane. City Engmeer Escobar replied that he would provide an update later_
Mr. Garrett asked Mr. Escobar to look into the halt on construction for the McArdle Road
project fi.om Everhart to Padre Staples Mall.
There being no further business to come before the Council, Mayor Neal adjourned the
Council meeting at 3:57 p.m. on June 22, 2004.
2
AGENDA MEMORANDUM
RECOMMEDATION: Motion approving the purchase of one (1) 70 HP trenching machine fi.om
Valley Ditch Witch, Inc., of Corpus Christi, Texas in accordance with Bid Invitation No. BI-0070-
04 based on low bid meeting specifications for a total amount of $63,853.27. The equipment will
be used by the Gas Department. Funding is available from the FY03-04 Capital Outlay Budget in
the Maintenance Services Fund. This item is a replacement to the fleet.
********************************************************************************
BACKGROUND:
Purpose:
The equipment will be used for general trenching and backfilling
requirements of the Gas Department.
Bid Invitation Issued: Three
Bid Received: Two
Award Bas~s:
Price Comparison:
Funding:
Low Bid meeting Specification-
Vem~eer Equipment of Texas, Inc., of San Antonio, Texas submitted
the apparent low bid for ite~n 1. However, their machine does not
meet City specification requirements regarding operating weight and
trench width
The City has not purchased a unit of this size in the past.
Maintenance Services
550020-5110-40120
Capital Outlay Iteln No 70
$63,853.27
Michael B arrerh/~,.P.M.
Procurement & General Services Manager
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
BUYER: GABRIEL MALDONADO
Bid Invitation No BI-0070-04
70 HP Trenching Machine
Valley Ditch Witch Inc. Vermeer Equipment of Texas
Corpus Chdsti, Texas San Antonio, Texas
Unit J Extended Unit J Extended
Item Description Qty. Price Price Pdce Price
(~)
1 70 HP Trenching Machine 1 $ 63,B53.27 $ 63,853.27 $ 55,000.00 $ 55,000.00
Total $ 63,853.27 $ 55,000.00
(1)
Vermeer Equipment or Texas, Inc, o[ San Antonio, Texas submitted the apparent Iow bid [or item 1.
However, their machine does not meet City spedfication requirements regarding operating weigh~
and trench width.
3
COUNCIL MEMORANDUM
RECOMMENDATION: Motion approving an upgrade to the security/access systems located
at the Water Utilities Building, Wesley Seale Dam and the O.N. Stevens Water Filter Plant with
Total Protection Systems, Inc., Corpus Christi, Texas in the amount of $64,736.80. The award is
based on the Cooperative Purchasing Agreement with the State of Texas. Funds have been
budgeted by the Water, Wastewater and Storm Water Departments in FY03-04.
Purpose:
The City has contracted with Total Protection Systems, Inc. for
building security/access for various facilities requiting controlled
access to the buildings. Historically, each facility has received a
separate security system that operates independent of the other
City buildings reqmring security/access. This upgrade will
enhance the current systems that are in place at the Water Utdities
Building, Wesley Seale Dam and the O.N. Stevens Water Filter
Plant to allow the buildings to be integrated with one another and
work as a single security/access system. Furthermore, the new
integrated system will serve as the City's backbone to an enterprise
wide security/access system that will bring all the facilities under a
single system.
Basis of A~vard:
Cooperative Purchasing AgTeement with the State of Texas
CISV - Catalog Information Systems Vendor
Total Protection Systems, Inc. has installed the existing
security/access systems in the above facilities and ~s considered a
sole source provider duc to system compatibility requirements.
Funding:
Water Depa~ment
30200-4010-550010
31700-4010-550010
Wastewater
33000-4200-550010
Stonn Water
32000-4010-550010
32030-4010-550010
Procurmnent & General Services Manager
Total:
$30,628.92
990.00
22,797.20
5,139.60
5,181.08
$64,736.80
Upgrades to Security/Access Systems
Buyer - Micahel Barrera TBPC Cooperative Contract
CISV Program
Description
Water Utilities Facilities Proximity Card Reader Upgrades
Water Laboratory Proximity Card Reader Upgrades
Wesley Seal Dam Proximity Card Reader Upgrades
Water Utilities Facilities Access Control Hardware Upgrade
Wesley Seal Dam Access Control Hardware Upgrade
Water Utilities Facilities Access Control Additions
Total Protection Systems Inc.
Corpus Christi, Texas
Total
$17,700.00
99000
11,200.00
20,514.40
9,151.32
5,181.08
Grand Total $ 64,736.80
4
CITY COUNCIL
AGENDA MEMORANDUM
June 29,2004
AGENDA ITEM:
Item A: Resolution authorizing the City Manager, or the City Manager's designee, to
accept a 2004 State Homeland Security Program Grant from the Texas Engineering
Extension Service in the amount of $298,365 for purchase of specialized equipment
under the State Domesttc Preparedness Equipment Program and to execute all related
documents.
Item B: Resolution authorizing the City Manager, or the City Manager's designee, to
accept a 2004 State Homeland Security Law Enforcement Terrorism Prevention Program
Grant from the Texas Engineering Extension Service in the amount of $156,807 for
purchase of specialized equipment under the State Domestic Preparedness Equipment
Program and to execute all related documents.
Issue: Recent terrorist events around the world and the event of 911 have brought fourth
concerns over our security as a nation and our ability to respond effectively to a terrorist
attack using weapons of mass destruction. In order to improve our ability to respond to
potential terrorist use of these weapons, the State Homeland Security Grant Program
continues to provide funds to purchase specialized equipment to meet such a threat.
Financial Commitment Required of the City:
required.
No matching funds by the City are
Background: The Office of Homeland Security has awarded the City of Corpus Christi
two grants in the amount of $298,365 and $156,807. The purpose of the grants is to
provide funds to purchase specialized equipment needed to respond to a terrorist event.
A risk analysis has been performed to identify potential targets or areas of concern within
the City. An analysis of our response capabilities was assessed and equipment needs
identified. These grants will help us purchase specialized equipment.
No funds will be appropriated since funding will remain at the state level and purchases
will be made "online" via a secured website. Appropriate amounts will be deducted from
our overall award.
REQUIRED COUNCIL ACTIONS: Council approval ts required to authorize the
City Manager to execute subrecipient agreements and accept the two grants.
RECOMMENDATION: Staff recommends approving both resolutions to execute
subrecipient agreements and accept two State Homeland Security Grants for the program
year 2004 in the amount of $298,365 and $156,807.
ADDITIONAL SUPPORT MATERIAL
1. Resolutions
2. Notices of Subreciplent Awards
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S
DESIGNEE, TO ACCEPT A 2004 STATE HOMELAND SECURITY
PROGRAM GRANT FROM THE TEXAS ENGINEERING EXTENSION
SERVICE IN THE AMOUNT OF $298,365 FOR PURCHASE OF
SPECIALIZED EQUIPMENT UNDER THE STATE DOMESTIC
PREPAREDNESS EQUIPMENT PROGRAM AND TO EXECUTE ALL
RELATED DOCUMENTS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. The City Manager, or the City Manager's designee, is authorized to accept
a 2004 State Homeland Security Program grant from the Texas Engineering Extension
Service in the amount of $298,365 for purchase of specialized equipment under the
State Domestic Preparedness Equipment Program and to execute all related
documents.
A'I-rEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: June 22, 2004
Lisa Aguilar ~
Assistant City Altorney
for City Attorney
Samuel L Neal, Jr.
Mayor
June 29 2004 Slala Homeland Securtty-I~re.doc
Corpus Chdsti, Texas
of ,2004
The above resolution was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
2
June 29 2004 Pollc~ State Homeland Security-lire doc
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S
DESIGNEE, TO ACCEPT A 2004 STATE HOMELAND SECURITY LAW
ENFORCEMENT TERRORISM PREVENTION PROGRAM GRANT
FROM THE TEXAS ENGINEERING EXTENSION SERVICE IN THE
AMOUNT OF $156,807 FOR PURCHASE OF SPECIALIZED
EQUIPMENT UNDER THE STATE DOMESTIC PREPAREDNESS
EQUIPMENT PROGRAM AND TO EXECUTE ALL RELATED
DOCUMENTS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. The City Manager, or the City Manager's designee, is authorized to accept
a 2004 State Homeland Security Law Enforcement Terrorism Prevention Program grant
from the Texas Engineering Extension Service in the amount of $156,807 for purchase
of specialized equipment under the State Domestic Preparedness Equipment Program
and to execute all related documents.
ATrEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: June 24, 2004
By: ~,.,x.~'~ ~
Lisa Aguilar
Assistant City Attorney
for City Attorney
Samuel L. Neal, Jr.
Mayor
June 29 2004 Police Stele Homeland Security-fire.doc
Corpus Christi, Texas
of ,2004
The above resolution was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
2
June 29 2004 Police Stale Homeland Security-fire.doc
2004 SHSP - 17000
June 4, 2004
Chief Michael Hemandez
2406 Leopard #300
Corpus Christi, TX 78408
Dear Chief Hemandez:
You are receiving the enclosed Notice of Subrecipient Award for the 2004 State Homeland Security
Program and Texas 2004 State Homeland Security Program Grant Instructions because you are registered
as the Jtmsdiction Point of Contact for the City of Corpus Christi on the Texas Domestic Preparedness
Assessment website. If you are no longer serving in that capacity please immediately give this packet to
the correct individual. Your senior elected official has been informed in the grant announcement letter
that this packet would be sent to you.
The enclosed documents contain the necessary documentation and instructions for you to utilize your
2004 State Homeland Security Program (SHSP) sub-grant to improve your jurisdiction's ability to
respond to potential terrorist use of a Weapon of Mass Destruction.
Jurisdictions with an exercise amount in block 12 have been nominated to participate in the Texas
WMD/I'errorism Incident Exercise Program The exercise program will be prov/ded using grant funds
retained by the state on the jurisdiction's behalf. Jurisdictions nominated for an exercise need to complete
block 12A. Jurisdictions declining the exercise will receive the grant amount shown in block 11, but not
the exercise amount
The Notice of Subrecipient Award should be signed by the County Judge, City Mayor, City
Manager, Mayor Pro-TEM, Executive Director for the Council of Government, or Chief Financial
Officer for the jurisdiction. Subgrants to agencies should be signed by the agency director. Other
signatures will require an accompanying statement from the senior elected official authorizing the
individual to sign for the jurisdiction. The Deadline to return the signed Notice of Subrecipient
Award is August 16, 2004, either by fax or postmarked with the due date. Jurisdictions that cannot
meet the deadline should immediately contact the Texas Engineering Extension Service to request
an extension. A maximum 30 day extension may be granted to allow for schedules of City Councils
and Commissioners' Courts. The offer of award will be withdrawn if the signed Notice of
Subreciplent Award is not returned by the due date or extended date.
Address:
Director of Domestic Preparedness
John B. Cormally Building
301 Tarrow-TEEX, Suite 138
College Station, TX 77840-7896
Fax: (979) 458-6927
Email: supl>ortCc~texasdpa.com
If you have any questions, or require further reformation regarding this award, please do not hesitate to
contact Charles Todd, TEEX Director of Domestic Preparedness, at (979) 458-6815.
Sincerely,
Charles Todd
Director of Domestic Preparedness
Texas Engineering Extension Service
2004 SHSP - 17000 Page 1
TEXAS ENGINEERING EXTENSION
SERVICE
STATE HOMELAND SECURITY
GRANT PROGRAM
1. RECIPIENT NAME AND ADDRESS
Chie£ Michael Hemandez
2406 Leopard #300
Corpus Christi, TX 78408
IA. GRANTEE IRS/VENDOR NO.
17460005741
NOTICE OF SUBRECIPIENT AWARD
FOR
City of Corpus Christi
4. AWARD NUMBER:2004 SHSP q 17000
$. PROJECT PERIOD: FROM DEC 1, 2003 - NOV. 30, 2005
BUDGET PERIOD: FROM DEC 1, 2003 - NOV. 30, 2005
6. AWARD DATE 7. ACTION
June 4, 2004
8. CFDA NUMBER: Initial Award
97.004
3. GRANT TITLE
2004 STATE HOMELAND SECURITY PROG1LtdM
3A. Grant award number to TEEX: 2004-GE-T4-001S
9. AMOUNT AWARDED AS A BASE GRANT: $188,365.00
10. AMOUNT AWARDED FROM R~GION: $110,000.00
11. TOTAL SUBR~CIPIENT AWARD (9+10): $298,365.00
12. ADDITIONAL AMOUNT AWARDED FOR AN EXERCISE PROGRAM TO BE PROVIDED FROM FUNDS RETAINED
BY THE STATE:
BLOCK 12A TO BE COMPLETED ONLY IF AN ~4MOUNT IS SIlO WN IN BLOCK 12
12A. SUBRECIPIENTS WITH AN AMOUNT IN BLOCK 12 MUST CHECK ONE BOX
[] SUBREC1PIENT ACCEPTS EXERCISE AMOUNT SHOWN IN BLOCK 12, ALL SPECIAL CONDITIONS, AND
THE GRANT AMOUNT SHOWN IN BLOCK 11.
SUBRECIPIENT DECLINES EXERCISE AMOUNT SHOWN IN BLOCK 12 AND DOES NOT ACCEPT SPECIAL
CONDITION NUMBER 10. SUBRECIPIENT ACCEPTS ALL OTHER SPECIAL CONDITIONS AND THE
GRANT AMOUNT SHOWN IN BLOCK 11.
13. SPECIAL CONDITIONS
THE ABOVE GRANT IS SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE
SET FORTH IN THE NOTICE OF SUBRECIPIENTA WARD AND IN THE TEXAS 2004 SHSP GRANT INSTRUCTIONS
13. STATUTORY AUTHORITY FOR GRANT
'n-liS PROJECT IS SUPPORTED UNDER PUBLIC LAW 108-90, THE DEPARTMENT OF HOMELAND SECURITY
APPROPR/ATIONS ACT, 2004.
13. METHOD OF PAYMENT
REIM2BURSEMENT: SEE DETAILS IN TEXAS 2004 STATE HOMELAND SECURITY PROGKAM GRANT
INSTRUCTIONS
AGENCY APPROVAL
16. SIGNATUR1~ OF APPROV/NG TEEX OFFICIAL
Arturo Alonzo
Deputy Dlrector/CFO
Texas Englneerin~ Extension Service
AGENCY USE ONLY
SUBR~C1PIENT ACCEPTANCE
17. TYPED NAME AND TITLE OF AUTHOR/ZED
SUBRECIPIENT OFFICIAL
18. SIGNATURE OF AUTHORIZED 1SA- DATE
SUBRECIPIENT OFFICIAL
2004 LETPP-17000
June 7, 2004
Chief Michael Hemandez
2406 Leopard #300
Corpus Christi, TX 78408
Dear Chief Hemandez:
You are receiving the enclosed Notice of Subrecipient Award for the 2004 State Homeland Security Law
Enforcement Terrorism Prevention Program (LETPP) and Texas 2004 State Homeland Security LETPP
Grant Instructions because you are registered as the Jurisdiction Point of Contact for the City of Corpus
Christi on the Texas Domestic Preparedness Assessment website. Il'you are no longer serving in that
capacity please immediately give this packet to the correct indiv/dual. Your senior elected official has
been informed in the grant announcement letter that this packet would be sent to you.
The enclosed documents contain the necessary documentation and instructions for you to utilize your
2004 State Homeland Security LETPP sub-grant to improve your jurisdiction's ability to respond to
potential terrorist use of a Weapon of Mass Destruction.
The Notice ofSubrecipient A ward should be signed by the County Judge, City Mayor, City
Manager, Mayor Pro-TEM, Executive Director for the Council of Government, or Chlef Financial
Officer for the jurisdiction. Subgrants to agencies should be signed by the agency director. Other
signatures will require an accompanying statement from the senior elected official authorizing the
individual to sign for the jurisdiction. The Deadline to return the signed Notice of Subrecipient
Award is August 16, 2004, either by fax or postmarked with the due date. Jurisdictions that cannot
meet the deadline should immediately contact the Texas Engineering Extension Service to request
an extension. A maximum 30 day extension may be granted to allow for schedules of City Councils
and Commissioners' Courts_ The offer of award will be withdrawn if the signed Notice of
Subrecipient Award is not returned by the due date or extended date.
Address:
Director of Domestic Preparedness
John B. Connally Building
301 Tarrow-TEEX, Suite 138
College Station, TX 77840-7896
Fax: (979) 458-6927
Email: sul~ort(~texa sdl>a.com
If you have any questions, or require further information regarding this award, please do not hesitate to
contact Charles Todd, TEEX Director of Domestic Preparedness, at (979) 458-6815.
Sincerely,
Charles Todd
D/rector of Domestic Preparedness
Texas Engineering Extension Service
2004 LETPP - 17000 Page 1
TEXAS ENGINEERING EXTENSION
SERVICE
STATE HOMELAND SECURITY
GRANT PROGRAM
1. RECIPIENT NAME AND ADDRESS
Chief Michael Hernandez
2406 Leopard #300
Corpus Christi, TX 78408
IA. GRANTEE IRS/VENDOR NO.
17460005741
NOTICE OF SUBRECIPIENT AWARD
FOR
City of Corpus Christi
4. AWARD NUMBER:20~4 LETPP - 17000
5. PROJECT PERIOD: FROM DEC I, 2003 -NOV. 30, 2005
BUDGET PERIOD: FROM DEC 1, 2003 -NOV, 30, 2005
6. AWARD DATE 7. Ac'rION
June 7. 2004
8. CFDA NUMBER: Initial Aw_ard
3. GRANT TITLE
2004 STATE HOMELAND SECURITY LETPP
3A, Grant award number to TEEX: 20044~E-T4-0015
lOs. Amount of I~o~k 10 for lob. Amount of block 10 for
Planning: Equipment:
9. AMOUNT AWARDED AS A BASE GRANT: $151.807.00
10. AMOUNT AWARDED FROM REGION: $5,000.00
11. TOTAL SUBRECIPIENT AWARD (9+10): $156,807.00
loc. Amount of bl~ck 10 for lOd. Amount of block 10 for
The amounts in the blocks lOa, 10 b, lOc, ~nd lOd represent the amounts the Council of Government has placed In each area for
the regional award. When no amounts are Indicated the Council of Governments h~ not ~et a specific amount for the
Indi',qdual categories.
12. SPECLA1, CONDITIONS
THE ABOVE GRANT IS SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE
SET FORTH IN THE NOTICE OF SUBRECIPIENTA WARD AND IN THE TEXAS 2004 LETPP GRANT INSTRUCTIONS
13. STATUTORY AUTHORITY FOR GRANT
THIS PROJECT IS SUPPORTED UNDER PUBLIC LAW 108-90, THE DEPARTMENT OF HOMELAND SECURITY
APPROPRIATIONS ACT, 2004.
14. METHOD OF PAYMENT
REIMBURSEMENT: SEE DETAILS IN TEXAS 2004 STATE HOMELAND SECURITY LETPP GKANT
INSTRUCTIONS
AGENCY APPROVAL
15. SIGNATURE OF APPROVING TEEX OFFICIAL
Arruro Alonzo
Deputy Direclor/CFO
Texas Englneerinl~ Extension Service
AGENCY USE ONLY
SUBKECIPIENT ACCEPTANCE
16.TYPED NAME AND TITLE OF AUTHORIZED
SUBRECIPIENT OFFICIAL
17. SIGNATURE OF AUTHORIZED 17A. DATE
SUBRECIPIENT OFFICIAL
5
CITY COUNCIL
AGENDA MEMORANDUM
AGENDAITEM:
Date: 6129104
A. Resolution authorizing the City Manager, or his designee, to execute a contract
modification proposed by the Federal Emergency Management Agency (FEMA) that would
add a one year extension to the Metropolitan Medical Response System (MMRS) contract
between the City of Corpus Christi and FEMA and to accept funding in the amount of
$280,000.00 to be used to develop an inventory of capabilities report, to sustain the progress
of the original project, and to expand the MMRS project beyond the boundaries of the City.
B. Ordinance appropriating $280,000.00 from the Federal Emergency Management
Agency (FEMA) in the No. 1062 Fire Grants Fund to fund the statements of work identified
in the Metropolitan Medical Response System contract modification with FEMA; and
declaring an emergency.
ISSUE: The Federal Emergency Management Agency is proposing a modification to their
existing contract with the City of Corpus Christi that would add two yea.rs to the term of the
agreement and provide an additional $280,000.00 to complete the statement of work included in the
proposed contract modification. No application was required.
BACKGROUND: The City of Corpus Christi was selected to receive a contract from the U. S
Department of Health and Human Services in August of 2000 to develop a Metropolitan Medical
Response System in accordance with the terms and conditions of that contract. The initial 18 month
contract was extended to a two year contract with a contract modification shortly after September 11,
2001. The work required by the original agreement has been completed. This extension contains
funding to (1) develop and inventory all previous drones tic preparedness funding and the resources
acquired with those funds, (2) sustain the equipment and inventories that have been acquired through
the MMRS contract, and (3) enhance those elements of the response plan that were developed by
incorporating agencies outside of Corpus Christi.
FUTURE COUNCIL ACTION: We have received notice that there may be an additional
modification to the contract that would add new statement(s) of work. If this occurs, such
modifications will be brought forward for Council action.
RECOMMENDATION: It is recommended that the Council approve the resolution approving
acceptance of the contract modifications and the ordinance appropriating the funds to the Fire Grants
Fund to support the statement of work included in the contract modification.
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE A CONTRACT MODIFICATION PROPOSED BY THE
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) THAT
WOULD ADD A ONE YEAR EXTENSION TO THE METROPOLITAN
MEDICAL RESPONSE SYSTEM (MMRS) CONTRACT BETWEEN THE
CITY OF CORPUS CHRISTI AND FEMA AND TO ACCEPT FUNDING IN
THE AMOUNT OF $280,000.00 TO BE USED TO DEVELOP AN
INVENTORY OF CAPABILITIES REPORT, TO SUSTAIN THE
PROGRESS OF THE ORIGINAL PROJECT, AND TO EXPAND THE
MMRS PROJECT BEYOND THE BOUNDARIES OF THE CITY.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. The City Manager, or his designee, is authorized to execute a contract
modification proposed by the Federal Emergency Management Agency that would add
a one year extension to the Metropolitan Medical Response System contract bebNeen
the City of Corpus Christi and FEMA and to accept funding in the amount of
$280,000.00 to be used to develop an inventory of capabilities report, to sustain the
progress of the original project, and to expand the MMRS project beyond the
boundaries of the City.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED:
,2004.
Samuel L. NeaI, Jr.
Mayor
By:
For City Attorney
Resc-FEMA-MMRS,doc
Corpus Chdsti, Texas
of ,2004
The above resolution was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Henry Garret[
Bill Kelly
Rex A. Kinnison
John Longoria
Jesse Noyola
Mark Scott
Reso-FEMA-MMRS
AN ORDINANCE
APPROPRIATING $280,000.00 FROM THE FEDERAL EMERGENCY
MANAGEMENT AGENCY (FEMA) IN THE NO. 1062 FIRE GRANTS
FUND TO FUND THE STATEMENTS OF WORK IDENTIFIED IN THE
METROPOLITAN MEDICAL RESPONSE SYSTEM CONTRACT
MODIFICATION WITH FEMA;AND DECLARING AN EMERGENCY
BElT ORDAINED BYTHECITYCOUNCILOFTHECITYOFCORPUS CHRISTI,
TEXAS:
SECTION 1. That $280,000.00 from the Federal Emergency Management Agency
(FEMA) is appropriated in the No. 1062 Fire Grants Fund to fund the statements of work
identified in the Metropolitan Medical Response System contract modification with
FEMA.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure on this the __ day of ,2004.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: ',/~,~, ~r ~. ~ ,2004
Samuel L. Neal, Jr.
Mayor
By:
!
j osep'~'H arney~'~
Assistant City Attorney
For City Attorney
Ord-Appro-FEMA
Corpus Christi, Texas
__ day of ,2004
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: I/we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the Cit7 Council.
Respectfully,
Respectfully,
Samuel L. Neal, Jr.
Mayor
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henr7 Garret[
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
6
AGENDA MEMORANDUM
City Council Action Date: June 22, 2004
AGENDA ITEM:
Item A: A Resolution authorizing the City Manager, or the City Manager's designee, to
accept a grant from the Texas Department of Health in the amount of $89,010 for
diabetes prevention and management services
Item B: An Ordinance appropriating a grant in the amount of $89,010 in the no. 1066
health grant fund from the Texas Department of Health for diabetes prevention and
management services; and declaring an emergency.
ISSUE: The Health District is in receipt of Attachment ~)3 to Contract #7460005741-2005
Change No. 2, with the Texas Department of Health. The Health District in collaboration
with the Coastal Bend Health Education Center (CBHEC) will develop an educational
diabetes program for diabetics as well as individuals and family members at risk for
diabetes. This project will address two unmet needs in this area: 1.) lack of "prevention"
education programs and 2.)increased capacity of existing programs for persons/families
with diabetes. The grant period is from July 2004 to March 2005.
REQUIRED COUNCIL ACTION: Approval of the contract attachment and appropriation of
funds.
PREVIOUS COUNCIL ACTION: None.
FUNDING: There is no match funding required.
CONCLUSION AND RECOMMENDATION: Recommend City Council to approve the
contract attachment and appropriate funding for a family focused community diabetes
service project.
Michael Silver~D.O., M.P_H.
Director of Public Health
BACKGROUNDINFORMATION
This is a new grant that has been provided to the Health District from TDH The purpose of
the funding is to assist in addressing the devastating effects of diabetes mellitus in our
area. This pilot project is for a nine month contract period and will increase diabetes
education programs for individuals at risk for developing diabetes. No matching funds are
required. The grant provides for one full time program coordinator, a part-time program
assistant. Activities supported by this funding include travel, and supplies for items such as
incentives, ie. Podometers, needed to increase client participation.
TEXAS DEPARTMENT OF HEALTH
1100 WEST 49TH STREET
AUSTIN, TEXAS 78756-3199
STATE OF TEXAS
COUNTY OF TR. AVIS
TDH Document No. 7460005741 2005
Contxact Change Notice No. 02
The Texas Department of Health, hereinafter referred to as RECEIVING AGENCY, did heretofore enter into a cona'act in writing
with CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY) hereinafter referred to as PERFORMING
AGENCY. The parties thereto now desire to amend such contract attachment(s) as follows:
SUMMARY OF TRANSACTION:
ATt NO. 03 : TX DIAB PRG-COMM DIAB SRVC PROJ
All terms and conditions not hereby amended remain in full force and effect.
EXECUTED IN DUPLICATE ORIGINALS ON THE DATES SHOWN.
CORPUS CHRISTI (CITY OF)
Authorized Con/a'acting Entity (type above if different
from PERFORMING AGENCY) for and in behalf of:
PERFORMING AGENCY:
RECEIVING AGENCY:
CORPUS CHRISTI-NUECES COUNTY PUBLIC
HEALTH DISTRICT (CITY)
By:
(Signature of person authorized to sign)
TEXAS DEPARTMENT OF HEALTH
(Signature of person authorizexl to sign)
(Name and Title)
Date:
RECOMMENDED:
Bob Burne~e, Director
Procurement and Con~actin~ Services Division
(Name and Title)
Date: ~d ILl } DL~
By:
(PERFORMING AGENCY Director, it' different
from person authorized to sign con~-act
Cover Page 1
MB PCSD - Rev, 2/03
DETAILS OF ATTACHMENTS
~ - TDH l~'~gram ID/ Term Financial A,ssisl~nce Direct To~l Amount
Amd TDH Pmchase Order Assistance (TDH Sim-e)
No. Number Beg~n End Source of Amount
Funds*
TB/PC
01 0(IX)001621 01/01/04 12/31/04 93.116 91,523 00 0.00 91523.00
02 0000001760 01/01/04 12/31/04 State 93.268 62,112.00 0.00 62,112.00
DIAB/CDSP
03 0000002261 07/01/04 03/'29/05 93.988 89,010.00 0.00 89,010.00
TDH Document No.7460005741 2005 Totals
Change No. 02 $242,645.00 $ 0.00 $242,645.00
*Fedexal funds ate indicated by a number from the Catalog of Federal Domestic Assistance (CFDA), if applicable. REFER TO
BUDGET SECTION OF ANY ZERO AMOUNT AT'FACttMENT FOR DETAILS.
Cover Page 2
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S
DESIGNEE, TO ACCEPT A GRANT FROM THE TEXAS DEPARTMENT
OF HEALTH IN THE AMOUNT OF $89,010 FOR DIABETES
PREVENTION AND MANAGEMENT SERVICES
BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. The City Manager, or the City Manager's designee, is authorized to
execute all documents to accept a grant from the Texas Department of Health in the
amount of $89,010 for diabetes prevention and management services.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: June 10, 2004_
By: Lisa Aguilar~''~
Assistant City Attorney
for City Attorney
Samuel L. Neal, Jr.
Mayor
June 22 2004 TDH.doc
Corpus Christi, Texas
Day of ,20__
The above resolution was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
ORDINANCE
APPROPRIATING A GRANT IN THE AMOUNT OF $89,0101N
THE NO. 1066 HEALTH GRANT FUND FROM THE TEXAS
DEPARTMENT OF HEALTH FOR DIABETES PREVENTION AND
MANAGEMENT SERVICES; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That a grant in the amount of $89,010 is appropriated in the No.
i 066 Healt/'FGra~ Fund from the Texas-'~Department of HealtlTfo~rdi~
prevention and management services.
SECTION 2. That upon written request of the Mayor or five Council members,
copy attached, the City Council (1) finds and declares an emergency due to the
need for immediate action necessary for the efficient and effective administration
of City affairs and (2) suspends the Charter rule that requires consideration of
and voting upon ordinances at two regular meetings so that this ordinance is
passed and takes effect upon first reading as an emergency measure this the
day of ., 2004.
A'I-rEST
THE CITY OF CORPUS CHRISTI
Armando Chapa
Ci~ Secretary
Approved: June 25, 2004
Lisa AgullarJ~''~¢~
Assistant City Attorney
for City Attorney
Samuel L, Neal, Jr.
Mayor
Corpus Christi, Texas
__ day of ,2004
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: I/we, therefore, request that you
suspend said Charter rule and pass [his ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, Respectfully,
Samuel L. Neal, Jr.
Mayor
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
3
7
CITY COUNCIL
AGENDA MEMORANDUM
June 25, 2004
AGENDA rrEM: Ordinance authorizing the City Manager, or designee, to execute a Use Privilege
Agreement with Old Concrete Street, LTD, for the right to stage a fireworks display on a portion of
the Broadway Wastewater Treatment Plant in conjunction with a performance at the adjacent
Concrete Street Amphitheater; and establishing a fee of $460.00; and declaring an emergency.
ISSUE: Old Concrete Sm:et, LTD wishes to install mortars, racks, fwing boxes, electronic firing
systems, and splitters on the property.
REQUIRED COUNCIL ALii'ION: City Charter requires City Council approval for use of any
portion of public fight-of-way for private purposes.
RECOMI~llgNDATION: Stal:Yrecommends approval of the ordinance as presented.
Director of Wastewatca-
Attachments:
BACKGROUND INFORMATION
Old Concrete Street, LTD has requested a Use Privilege Agreement (UPA) fxom the City for
permission to install mormm, racks, firing boxes, electronic firing systems, and splitters on the
Concrete Street Amphitheater to stage a fireworks display for a Fourth of July celebration. Old
Concrete Street, LTD will temporarily install the necessary equipment for the display within the
City's property on a portion of the Broadway Wastewater Treatment Plant.
Old Concrete Street. LTD's use of the property is subject to the following conditions:
This agreement may bo revoked at any time by the City of Corpus Christi's City Manager,
or the City Manager's designee ("City Manager") by giving the Permittee three (3) days
notice in writing of the revocation of this agreement.
· P~mfittee may not assign this agreement without the City Manager's prior written
consent.
Pc~mittee must submit a detailed description of its planned use of the property, including
drawings showing the specific location where the equipment identified in Paragraph 2 of
the UPA will bo installed, and specifications for the fu-eworks that will be used to the
City's Fire Mm-shaH and Wastewater Director.
P~tl.,ittee's use of the property must not interfere with the operation of the City's Broadway
Wastewater Treatment Plant ("Plant"). Any construction or equipment installed by the Permittee
must be removed by the Permittee and the property restored to its original condition before this
agreement expires. If the City needs access to the property, Permittee must pay for removing or
relocating any improvements or equipment, to allow access to the Plant or any utility lines for
repair, replacement, or mllintenance of the utility lines_
A one time fee of $460.00 is being recommended. Because the property is in full view of the
public, it must bo maintained in neat and orderly fashion without visible trash, paper and other
unsightly debris. The owners have been advised of and concur with all the conditions of this
LIPA.
AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S
DESIGNEE, TO EXECUTE A USE PRIVILEGE AGREEMENT WITH OLD
CONCRETE STREET, LTD, FOR THE RIGHT TO USE A PORTION OF
THE BROADWAY WASTEWATER TREATMENT PLANT PROPERTY
FOR STAGING A FIREWORKS DISPLAY ON JULY 4, 2004, AND
ESTABLISHING A FEE OF $460.00; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. That the City Manager, or his designee, is hereby authorized to execute a
use privilege agreement with Concrete Street, LTD, for the right to use a portion of the
Broadway Wastewater Treatment Plant property for staging a fireworks display on July
4, 2004. Concrete Street, LTD will pay the fair market value fee of $460.00 for this use
privilege agreement.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure on this the 29~ day of June, 2004.
AFl'EST:
THE CITY OF CORPUS CHRISTI
An'nando Chapa
City Secretary
APPROVED: This 25~h day of June, 2004:
FR~A~s'~~ttorney
For City Attorney
Samuel L. Neal, Jr.
Mayor
Corpus Christi, Texas
__ day of ,2004
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: Ih, ye, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, Respectfully,
Samuel L. Neal, Jr.
Mayor
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
Bill Kelly
Rex A Kinnison
Jesse Noyola
Mark Scott
H:\LEG-DIR~lay'~Da[a\04~R43718C 1 doc
8
AGENDA MEMORANDUM
DATE: June 29, 2004
SUBJECT:
Public Safety Training Facility, Phase 1
BOND ISSUE 2000 PROJECT NO. A-3
AGENDAITEM:
Ordinance appropriating $55,926.57 from unapprepdated interest earnings from Public
Heailh & Safe[,/2001 ClP Fund 3358; and appropriating in Public Heallh & Sa[ety 2001 CIP
Fund 3358 for the Public Safe[,/Training Facility, Phase 1; amending capital budget adopted
by Ordinance No. 025647 by increasing appropriations by $55,926.57; and declaring an
emergency.
Motion authorizing the City Manager, or his designee, to award a ConslmclJon Contract with
Barcom Commercial of Corpus Christi, Texas in the amount of $1,400,123 for the Public
Safety Training Facility, Phase 1. (Bond Issue 2000 Project No. A-3)
ISSUE:
The proposed project is part of Bond Issue 2000. A construction contract is required to complete
the construction phase of the proposed coniract.
FUNDING: Funds to finance the proposed project are available in the FY 2003-2004 Public Health
and Safety Capital Improvement Budget.
RECOMMENDATION: Staff recommends approval ol~ the Motion as presented.
~/~/°~Eduardo Gara .fia, p. E'
Diregtor of W~er Department
Foster CrOwell,
Director of Wastewater Depadment
Angel R. Escobar, P. E.,
Director of Engineering Services
~,~lefie' Gray, P. E.
Director of Ston~ Water Depadment
Additional Support Material:
Exhibit 'A" Background Information
Exhibit "B" Bid Tabulation
Exhibit "C" Project Budget
Exhibit "D" Location Map
BACKGROUND INFORMATION
SUBJECT:
Public Safety Training Facility, Phase 1
Bond Issue 2000 Project No. A-3
(Project No. 5118)
PRIOR COUNCIL ACTION:
1. November 14, 2000 - Ordinance canvassing returns and declaring the results of the
Special Election held on November 7, 2000, in the City of Corpus Chdsti for the
adoption of seven propositions; adopting and levying a sales and use tax pursuant to
Section 4A of The Development Corporation Act as approved by the voters in
Propositions 4 and 5 (Ordinance No. 024269).
2. December 17, 2002 - Approval of the Fiscal Year 2002-03 Capital Improvement
Budget for $299,913,200 (Ordinance No. 025144)
3. May 20. 2003 - Motion authorizing the City Manager, or his designee, to execute
Amendment No. 3 to the Consultant Contract with Co[ten, Landreth, Kramer
Architects & Associates, Inc. in the amount of $325,376, for a total re-stated fee of
$347,976, for the Public Safety Training Facility, Phase 1 (Motion No. 2003-187).
PRIOR ADMINISTRATIVE ACTION:
1_ October 18, 2000 - Distribution of Request For Qualifications (RFQ) No. 2000-08 -
(Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73
local architectural and engineering firms.
2. November 10, 2000 - Addendum No. 1 to the Request For Qualifications (RFQ) No.
2000-08 - (Public Health and Safety, Parks and Recreation, Street Improvement
Projects) to 73 local architectural and engineering firms.
3. January 10, 2001 - Addendum No. 2 to the Request For Qualifications (RFQ) No.
2000-08 - (Public Health and Safety, Parks and Recreation, Street Improvement
Projects) to 73 local architectural and engineering firms.
4. February 26, 2001 - Executed Contract For Professional Services with Cotten,
Landreth, Kramer Architects & Associates, Inc. in the amount of $12,600 for the
Public Safety Training Facility.
5. June 8.2001 - Executed Amendment No. I to the Contract For Professional Services
with Cotten, Landreth, Kramer Architects & Associates, Inc~ in the amount of $500, for
a total re-stated fee of $13,100, for the Public Safety Training Facility_
6. September 24, 2001 - Executed Contract For Professional Services with Urban
Engineering in the amount of $4,500 for the Public Safety Training Facility.
7. June 3, 2002- Executed Amendment No. 2 to the Contract For Professional Services
with Cotten, Landreth, Kramer Architects & Associates, Inc. in the amount of $9,500,
for a total re-stated fee of $22,600, for the Public Safety Training Facility.
8. July 25, 2003 - Executed Agreement For Construction Materials Engineering
Laboratory's Geotechnical Investigation with Rock Engineering & Testing Laboratory,
Inc_ in the amount of $20,241 for the Public Safety Training Facility.
EXHIBIT "A" I
Page 1 of 5
PRIOR ADMINISTRATIVE ACTION (continued):
9. October 3, 2003 - Executed Amendment No. 4 to the Contract For Professional
Services with Cotten, Landreth, Kramer Amhitects & Associates, Inc. in the amount of
$13,125, for a total re-stated fee of $361,101, for the Public Safety Training Facility.
10. February 13, 2004 - Executed Amendment No. 5 to the Contract For Professional
Services with Co[ten, Landreth, Kramer Architects & Associates, Inc. in the amount of
$0, for a total re-stated fee of $361,101, for the Public Safety Training Facility.
BACKGROUND INFORMATION: The proposed project is part of Bond Issue 2000, Project
A-3. The proposed project provides for a new facility for the training of peace officers in
pistol and long-barrel weapon use_ The construction of the facility will include a firing
range.
PHASED APPROACH: The complete development of the Public Safety Training Facility
will require future additional bond issues. Bond 2000 Funds approved the project and will
provide an outdoor fidng range.
Phase 1 includes the minimum training facilities needed to maintain qualifications of police
personnel. It consists of a minimum pistol fidng range with an environmentally operated
lead recapture system, berms and supporting ancillary facilities for the Police Department.
Future phases will be developed as funding becomes available. The facility master plan
envisions a more extensive bum building, surrounding concrete aprons, fire water lines,
hydrants, standpipe, wastewater system, interior lighting, exterior lighting, ventilation and
associated support facilities. The police firing range would provide a bullet trap/lead re-
capture system. The facility would ultimately include extensive aprons and roadways for
emergency vehicle training.
SITE SELECTION: It was originally planned to locate the proposed project at the Cefe
Valenzuela Landfill site. The land purchased for the Cefe Valenzuela Landfill was in
excess of that needed for landfill operations. The purchase of property in excess of the
minimal landfill requirements was deemed advantageous because:
· area property owners were provided an additional buffer;
· concems of surrounding property owners were mitigated;
· the dsk of a contested TNRCC permit application was grea§y reduced; and
· condemnation of the property was avoided_
Locating the Public Safety Training Facility at Cefe Valenzuela offered several advantages.
These included:
· surrounding land uses that were compatible with the proposed facility;
· co-use of drainage, roads and utilities that will be developed as part of the
landfill; and
· avoidance of land acquisition costs.
IEXHIBIT "A"
· Page2°f5 ~
The development of the Cefe Valenzuela Landfill was delayed to allow the Cityto defer the
construction costs until needed. J. C. Ellio[t Landfill has not filled as rapidly as projected_
Reduced levels of brush disposal and diversion of brush to composting has contributed to
the additional service life. Additionally, City staff is currently pursuing alternatives to landfill
operations including the possible expansion of J. C_ Elliott Landfill.
ALTERNATIVE SITES: Staff began a search for other suitable sites as the Cefe
Valenzuela Landfill infrastructure remains undeveloped. The City contracted with Co[ten,
Landrath, Kramer Architects & Associates, Inc. to perform a site search. The pdmary site
considered was the Flint Hills Refinery (formerly Koch Refining) barrow pits located
between IH 37 and Hemes Ferry Road east of Carbon Plant Road. The property is owned
by Flint Hills Refinery and is in close proximity to the Training Facility of the Refinery
Terminal Fire Company (RTFC) on Carbon Plant Road. The Flint Hills Refinery site
originally appeared to cost more than an alternative site adjoining Corpus Chdsti
International Airport (CCIA).
An additional site was investigated south and west of CCIA to determine if this would be a
more acceptable and economical site. This site offered the advantage of being within the
CCIA Master Plan for property acquisition. The Training Facility was deemed a compatible
use by the Master Plan and FAA. Two (2) studies were performed and determined the
road and drainage requirements and probable costs of developing the required
infrastructure. The site ultimately proved to have a higher development cost than the Flint
Hills Refinery site.
SITE DEVELOPMENT: Additional architectural and engineering services were necessary
to proceed with Phase 1. Phase I is intended to include design and construction of the
bum building/tower, drafting pit supporting ancillary facilities, and pistol fidng range. This
includes any required environmental reviews and permits that are necessary to ensure
compliance with applicable state and federal regulations. The project includes design and
construction of the water main adjacent to Hernes Ferry Road from Carbon Plant Road. A
future upgrade of Hernes Ferry Road will ultimately be necessary due to the weight and
size of fire apparatus units moving up and down the road.
PROJECT DESCRIPTION: The project consists of Base Bid items including site work,
excavation and limestone base, asphalt paving and concrete work, water line / sanitary
sewer / storm water improvements, landscaping and irrigation improvements, fencing;
building construction including concrete, carpentry, resilient flooring, painting and
specialties, bullet traps, built-up and metal roofing, mechanical and electrical work and
miscellaneous appurtenances; also included are additive alternate bid items such as 4-inch
thick concrete sidewalks, restroom building, asphalt paving and shade structures all in
accordance with the plans, specifications and contract documents. The project includes
four (4) Additive AJtemates as follows:
Additive Alternate No. 1 - Concrete Walk
Additive Alternate No. 2 - Restroom Building
Additive Altemate No. 3 - Paving
Additive Alternate No. 4 - Shade Structures
EXHIBIT "A' I
Page 3 of 5
This project will result in completion of following:
1_ Fidng range:
1 ) Dirt berm for rifle and pistol range
2) Concrete fiat work at pistol range
3) Lead recapture system; bullet trap media and concrete foundation
4) Target preps (running man & swivel) & equipment systems
5) Pistol range Control Booth w/targetJelectdcal/lighting controls
2. Sanitary Sewer
3. Water line and fire hydrants
4. Storm water disposition
5. Electrical: Power & Lighting
6. Communication equipment
7. Fencing: Barbed wire & metal gates
The construction of the Police fidng range will include the shaping and molding of dirt
berms for the backdrop of the dfle and pistol ranges. Planned improvements include
capacity for 10 dfle and pistol ranges. Each range will include a 50' wide concrete bullet
trap with state of the art rubber trapping matedal (lead recapture system) that will not only
absorb the energy of a bullet but absorb any and all lead dust preventing the contamination
of the surrounding soil. Each concrete bullet trap will have state of the art target props
which include a series of swivel (turning) targets and a separate 50' long running man
target (at pistol range only). The pistol range will have a weathered-in control booth that
will contain the electronic operations of the target systems, the range lighting and a mouth-
to-ear communication system. Installed lighting units will have the capacity to simulate a
vadety of nighttime and daylight operations. Electrical power, san~ry sewer and domestic
water will be extended to the site and the project extremities will be fenced.
BID INFORMATION: The City received proposals from five (5) bidders on June 9, 2004.
See Exhibit "B" Bid Tabulation. The bid range and the Amhitect's construction estimate are
as follows:
Low
Base Bid From $1,400,123
Additive Alternate No. I
From $29,000
Concrete Walk
Additive Alternate No. 2
From $85,500
Restroom Building
Additive Altemate No. 3
From $18,000
Paving
Additive Alternate No. 4
From $53,000
Shade Structures
Total
Amhitect's
High Construction
Bid
Estimate
to $2,230,903.50 $1,254,692.57
to $35,650 39,768.83
to $125,367 133,537_67
to $22,000 25,940.24
to $93,000 207,664.12
$1,661,603.43
The City's Consultant, Cotten, Landreth, Kramer Architects & Associates, Inc., and City
staff recommend that the Total Base Bid be awarded in the amount of $1,400,123 to
Barcom Commemial of Corpus Chdsti, Texas for the Police and Fire Training Facility,
Phase 1 Project.
Due to current budget constraints and funding limitations, Additive Alternate Nos. 1,2.3,
and 4 are not recommended for award at this time. Upon funding availability, change
orders will be issued to award the work specified in Additive Alternate Nos. 1,2, 3, and 4.
Yeady equipment maintenance for the targets is estimated to cost between five and seven
thousand dollars. Bullet trap media is projected to cost between four to six thousand per
year.
CONTRACT TERMS: The contract specifies that the project will be completed in 266
calendar days, with completion anticipated by mid-April 2005.
FUNDING: Funds for this project are available from the FY 03-04 Public Health and
Safety, Water, Wastewater and Storm Water Capital Improvement Budgets and Public
Health & Safety Capital interest appropriations.
EXHIBIT ;'A" I
Page 5 of 5
TABULATION OF BIDS
DEPT. OF ENGINEERING - CITY OF CORPUS CHRISTI
Tabulated by: Angel R. Escobar, PE, Director of Engineering Services
Date: June 9, 2004 Time of Completion: 266 Calendar Days
BARCOM COMMERCIAL
1710 S. PADRE ISLAND DR., STE. B
Police and Fire Public Training Facility - Phase I
CORPUS CHRISTI, TX 78416
(361) 651-1000
Pg. 1
Construction Estimate: $1,661,603.43
MALTBY BUILDERS, INC.
P.O, BOX 5083
KINGSVILLE, TX 78364
361/592-8426
ITEM DESCRIPTION QT~'. UNIT UNIT PRICE AMOUNT
BB-1 Base Bid $ 1,395,000.00
BB-2 Trench Safety 3105 L.F. $ 1.85 $ 5,123.00
TOTAL BASE BID $ 1,400,123.00
UNIT PRICE
AMOUNT
$ 1,665,800.00
$ 14.20 $ 44,091.00
$ 1,709,891.00
Alt. I Concrete Walk $ 29,000.00
Alt. 2 Restroom Building $ 85,500.00
Alt. 3 Paving $ 18,000.00
Alt. 4 Shade Structures $ 53,000.00
TOTAL ADDITIVE ALTERNATES $ 185,500.00
I TOTAL 15 1,585,623.00 {
$ 29,800.00
$ 114,250.00
$ 21,075.00
$ 74,500.00
$ 239,625.00
I $ 1,049,516.001
.om
mx
,,.,
.-i
0
TABULATION OF BIDS
DEPT. OF ENGINEERING - CITY OF CORPUS CHRISTI
Tabulated by: Angel R. Escobar, PE, Director of Engineering Services
Date: June 9~ 2004 Time of Completion: 266 Calendar Days
PROGRESSIVE STRUCTURES, INC.
P.O. BOX 270713
Police and Fire Public Training Facility - Phase I 6133 AYERS
CORPUS CHRISTI, TX 78427-0713
361/852-9681
Pg. 2
Construction Estimate: $1,661,603.43
W]NSHIP CONSTRUCTION, INC.
5019 AMBASSADOR ROW
CORPUS CHRISTI, TX 78416
3611855-4545
ITEM DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT
BB-1 Base Bid $ 1,705,000.00
BB-2 Trench Safety 3105 L.F. $ 14.49 $ 45,000.00
TOTAL BASE BID $ 1,750,000.00
UNIT PRICE
AMOUNT
$ 1,787,130.00
$ 12.25 $ 38,036.00
$ 1,825,166.00
Alt. I Concrete Walk $ 31,000.00
Alt. 2 Restroom Building $ 115,000.00
Alt. 3 Paving $ 2_2,000.00
Alt. 4 Shade Structures $ 93,000.00
TOTAL ADDITIVE ALTERNATES $ 261,000.00
I TOTAL I$ 2,011,000-001
$ 30,503.00
$ 125,367.00
$ 21,580.00
$ 80,243.00
$ 257,693.00
Is 2,082,859.00]
m
TABULATION OF BIDS
DEPT. OF ENGINEERING - CITY OF CORPUS CHRISTI
Tabulated by: Angel R. Escobar, PE, Director of Engineeflng Services
Date: June 9, 2004 Time of Completion: 266 Calendar Days
B M W ENGINEERING, INC.
410 S. EN'rERPRIZE PIGNY.
Police and Fire Public Training Facility - Phase 1
CORPUS CHRISTI, 'rx 78405
361/299-1801
Pg. 3
Construction Estimate: $1,66t~603.43
ITEM DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT
BB-1 Base Bid $ 2,216,931.00
BB-2 Trench Safety 3105 L.F. $ 4.50 $ 13,972.50
TOTAL BASE BID $ 2,230,903.50
UNIT PRICE AMOUNT
Alt. 1 Concrete Walk $ 35,650.00
Alt. 2 Restroom Building $ 108,209.00
Alt. 3 Paving $ 18,630.00
Alt. 4 Shade Structures $ 76,015.00
TOTAL ADDI'rlVE ALTERNATES $ 238,504.00
i TOTAL I $ 2,469,407.50i
is
m
PROJECT BUDGET
FIRE/POLICE TRAINING FACILITY
(PHASE 1 FIRE TOWER AND RANGE)
(Project No. 5118)
June 29, 2004
FUNDS AVAILABLE'.
Public Health and Safety CIP Fund .............................................
Water CIP Fund ..................................................................
Wastewater ClP Fund ...........................................................
Storm Water ClP Fund ............................................................
TOTAL FUNDS AVAILABLE ....................................................
FUNDS REQUIRED:
Construction (Barcom Commercial) ............................................
Contingencies (10%) ...............................................................
Consultant (Cottan Landreth Kramer Architects, Inc.) .....................
Consul[ant (Urban Engineering) ................................................
Testing (Rock Engine~ing) ......................................................
Engineering Reimbursements .................................................
Administrative Reimbursements ................................................
Bond Issuance Expense .........................................................
Incidental Expenses (Printing, Advertising, etc.) ............................
TOTAL FUNDS REQUIRED .....................................................
$1,700,000.00
$118,000_00
$175,000.00
$32,715.00
$2,025,715.00
$1,400,123.00
140,000.00
361,101.00
4,500.00
20,241.00
25,000.00
21,250.00
3,500.00
$2,025,715.00
EXHIBIT "C"
Page 1 o[ 1
\ Mprojeci \ councilexhibits \ exh5 ! 18.dwg
~ PROJECT LOCATION
coc~rlO~ ~AP
NOT TO SCALE
N
RIV~-R
~c~'rseu~c u~
Park
HERN£S
N
PROJECT SITE
CIP PROJECT No. 5118
VICINITY MAP
NOT TO SCALE
EXHIBIT "D"
PUBLIC SAFETY TRAINING
FA ClLITY Phase 1
CITY OF CORPUS CHRISTI, TEXAS
CITY COUNCIL EXHIBIT
~EP~E~ ~ ENClNE~IN~ SEI~C~
PA~E: 1 of I
ORDINANCE
APPROPRIATING $55,926.57 FROM THE UNAPPROPRIATED
INTEREST EARNINGS FROM PUBLIC HEALTH AND SAFETY
2001 CIP FUND 3358 FOR THE PUBLIC SAFETY TRAINING
FACILITY, PHASE 1 PROJECT; AMENDING FY 2004 CAPITAL
BUDGET ADOPTED BY ORDINANCE 025647 BY INCREASING
APPROPRIATIONS BY $55,926.57; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That $55,926.57 is appropriated from the unappropriated interest
earnings from Public Health and Safety 2001 CIP Fund 3358 for the Public
Safety Training Facility, Phase 1 Project.
SECTION 2. That the FY 2004 Capital Budget adopted by Ordinance 025647 is
amended by increasing appropriations by $55,926.57.
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 ,2004.
ATTEST
THEClTYOFCORPUSCHRISTI
Armando Chapa
City Secretary
Approved: June 24, 2064
Lisa Aguilar ~,)
Assistant City Attorney
for City Attorney
Samuel L. Neal, Jr.
Mayor
9
AGENDA MEMORANDUM
City Council Action Date: June 29, 2004
AGENDA ITEM:
Motion authorizing the City Manager or his designee to execute a construction contract
with C-D Electdc of Corpus Chdsti, Texas in the amount of $76,000 for the O.N. Stevens
Water Treatment Plant River Pump Station Raw Water Pump No. 10 Pump Repairs -
REBID.
ISSUE: The oil system of Pump No. 10 at the O.N. Stevens Water Treatment Plant leaks.
This project will provide for a comprehensive analysis and correction of the problem.
FUNDING: Funds are available for this project through the FY 03-04 Water Department
Operational Budget.
CONCLUSION AND RECOMMENDATION: Staff recommends approval of the motion as
~ua't rrdo Gara~
Director of Water Services
'Angel R. Escobar, P. E.,
Director of Engineering Services
Additional Sul~port Material:
Exhibit'A" Background Information
Exhibit ~B" Project Budget
Exhibit'C" Bid Tab
Exhibit "D" Location Map
BACKGROUNDINFORMATION
SUBJECT:
O.N. Stevens Water Treatment Plant River Pump Station Raw Water Pump
No. 10 Pump Repairs - REBID,
(Project No. 8490)
PRIOR COUNCIL ACTION:
1. July 22, 2003 - Approval of the FY 2003 - 2004 Operating Budget. (Ordinance No.
025394)
PRIOR ADMINISTRATIVE ACTION:
1. Auqust 22, 2003 - Administrative approval of an engineering agreement with Moody
Boa{right, P.E. in the amount of $10,825 for River Pump Station Ray water Pump
#10 Repair
FUTURE COUNCIL ACTION:
Nothing Anticipated.
PROJECT BACKGROUND:
There have been problems over recent years with the pressure oil lubrication system for
the River Pump Station Raw Water Pump No. 10. If the lubrication system is operating at
sub-standard levels it can lead to more sedous problems and repairs. Presently, the oil
system of Pump No. 10 leaks. The City wants to pursue a comprehensive analysis of the
problem and re-check the current overall condition of the pump and motor unit.
On November 12, 2003, the City solicited bids for the analysis and repair of the River
Pump station Raw Water Pump/Motor No. 10. There was not sufficient interest in this
project and the city received only one bid. Upon review of the bid process it was
determined that the work was of such a specialized nature that dividing the scope of work
into two separate projects would yield more bidders. The projects were re-bid on June 16,
2004 for the pump repairs and motor repairs.
PROJECT DESCRIPTION: This project consists of the repairofthe pump, re-certification
and testing of the pump and submittal of the required documentation. Specific work will
include:
· Removal of the pump from and transportation to shop to disassemble, inspect and
evaluate;
· Preparation of repair recommendations;
· Cleaning of all parts and completion of pumping data sheets T-1 through T-5 as
listed in the technical specifications;
· Repair of oil leak system followed by test to measure flow rate. If unable to repair,
then installation of new oil system to meet specifications;
IEXHIBIT "A" I
Page 1 of 2
· Repair of pump to include external fasteners, bearings, shaft sleeves, gaskets,
drive shaft, machine wear dng, impeller, universal joints, general cleaning, and
painting of pump and base;
· Installation of pump and completion of testing in place and data sheets.
BID INFORMATION: The project consists solely of one base bid. The City received
proposals from two (2) bidders on June 16, 2004. (See Exhibit "C" Bid Tabulation) The
bids ranged from $76,000 to $81,627. The Engineer's estimated construction cost for the
project is $175,000.
The City's engineering consultant, Mody Boatdght, P.E., and City staff recommend that
based on Iow bid and satisfactory work on other city projects, that a construction contract
be awarded to C-D Electdc of Corpus Chdsti, Texas in the amount of $76,000 for the O.N.
Stevens Water Treatment Plant River Pump Station Raw Water Pump No. 10 Pump
Repairs - REBID.
CONTRACT TERMS: The contract specifies that the project will be completed in 40
calendar days, with completion anticipated by September 2004.
FUNDING: Funds for this project are available from FY 2003-2004 Water Operational
Budget.
PROJECT BUDGET
O.N. STEVENS WATER TREATMENT PLANT RIVER PUMP STATION
RAW WATER PUMP NO. 10 PUMP REPAIRS
Project No. 8490
June 29, 2004
FUNDS AVAILABLE:
Water Department Operational Budget ............................
$100,935.00
FUNDS REQUIRED:
Construction (C-D Electric) ...........................................
Contingencies (10%) ...................................................
Consultant (Mody Boatdght) ..........................................
Engineering Reimbursements .......................................
Finance Reimbursements .............................................
Misc. (Printing, Advertising, etc.) ....................................
Total ........................................................................
$76,000.00
7,600.00
11,085.00
2,500.00
1,250.00
2,500.00
$100,935.00
EXHIBIT B
Page lofl
~ TABULkTION OF BIDS Page 1 of 3
DEPAi~4ENT OF ENG~qEER~NG - CItY OF CORlrGS CHI~STI, TEXAS
BY: ~ng~l R.Escobs=, P.E., Director of EnGineering Services
DA~E: June 16, 2004 T~4E OF C~LETION: 40 Calendar D~ys
ENGINEF, R'S ESTIMATE: $175,000
Re-Bid River lh~mp Statzon Raw Water
ITE~ I DESCN/PTION
P-1
P-2
P-3
No. 10 Pump R~pair~
Projgct No. 8490
C-D Electric
617 High St~rr
C.C., TX 78408
Remove pump, transport to 1 LS 7,500.00
shop, dis-assemble,
inspect; record all
dimensions; evaluate oil
leak source; prepare
repair recommendations;
clean all parts-complete,
complete pu~ping data
sheets T-1 through T-5
complete in place per lump
sum
Fix oil leak by repair of 1 LS 1,500.00
oil system, test oiling
system, measure flow rate,
complete in place per lump
sum
Install new oil system and 1 LS 3,000.00
tubing if existin do not
meet specification,
complete in place per
lumps sum
7,500.00
Excel Puunp & Machine Inc.
P.O.Box 10039
C.C., TX 78460-0039
UNIT PRICE I A~'~OUNT
5,120.00 5,120.00
1,500.00 4,150.00 4,150.00
3,000.00' 16,306.00 16,306.00
~- TABULATION OF BIDS Page 2 of 3
D~.PAR~MENT OF ENG~F~B~NG - CItY OF CORi~JS CHRISTI, TEXAS
T3%BULATED BY: kngel R.Escobar, P.E., Direotor of Engineering Services
DATE: Ju~e 16, 2004 TIME OF CC~TION: 40 C~lendar Days
ENGINEER'S ESTimaTE: $175,000
Re-Bid River ~m? Station Raw Water Pump
No. 10 Pum~ Repair.
Project NO. 8490
ITEM
P-6
DESCR/PTION
UNIT
LS
1 LS
Repair pump as follows -
replace external
fasteners; reassemble
pump, verify all
clearances, install new
bearings, provide new
shaft sleeves, lubricants,
gaskets, clean and paint
pump and base, straighten,
and reinstall all guards;
transport to City
facility, install pkunp,
clean and lubricate
shaft/motor coupling,
perform test with data
sheets; complete in place
per lump sum.
P-5 Additional cost to 1 LS
straighten and polish
shaft, complete in place
per lump sum
Additional cost to machine
wear ring, complete in
place per lump sum
P-7 Additional cost to machine 1 LS
seal chambers or packing
gland, complete in place
per l~unp sum
C-D Elect=lc
617 High S~m~r
C.C., TX 78408
UNIT pRIC~ A~UNT
14,500.00 14,500.00
Excel Pu~p & Machine Inc.
P.O.Box 10039
C.C., TX 78460-0039
UNIT PR/CE I AMOUNT
33,628.00 33,628.00
5,000.00 5,000.00 550.00 550,00
5,000.00 5,000.00 250.00 250.00
2,500.00 2,500.00 620.00 620.00
T~BULATION OF BIDS Page 3 of 3
DEPARtmeNT OF ENG~R~NG - CIT~ OF CORPUS CHRISTI, TEXAS
BY: ~n~el R.Emco~ar, P.E. , Director of Engineering Services
~ATE: June 16, 2004 T~14E OF C~4PLETION: 40 Calem~-~ Days
Re-Bid River P=mp Station Rew Water Pump
No. 10 Pump R~mirs
Project No. 8490
ITEM DESC~-IPT ION
P-8 Additional cast to repair 1 LS
or machine the existing
impeller, complete in
place per lump sum
C-D Electric
617 High Start
C.C., TX 78408
ENGINEER ' S ESTI/4~TE:
Excel Pump & Machine Inc.
P,O.Box 10039
C.C., TX 75460-0039
5,000.00 5,000.00 250.00 250.00
$175,000
P-9 Provide repairs to 1 LS
motor/pLump universal
joints, balance complete
in place per lump sum
P-10 Provide balance & install 1 LS
new universal joints,
complete in place per lump
P-11 Balance drive shaft, 1 LS
complete in place per lump
stun
P-12 Repair drive shaft, 1 LS
complete in place per lump
sum
10,000.00 10,000.00 6,425.00 6,425.00
20,000.00 20,000.00 9,328.00 9,328.00
1,000.00 1,000.00 1,500.00 1,500.00
1,000.00 1,000.00 3,500.00 3,500.00
76,000.00
81,627.00
o ~
RIVER PUMP
STATION
13701 Smith Ocive
Hozel
Bozemore
Pork
HILLWOOD
R/VER
CANYON
Co/allen
/.~-D.
FA~ 624
PROJECT # 8490
VICINITY MAP
NTS
ON STEVENS WATER TREATMENT PLANT
RIVER PUMP STATION RAW WATER
PUMP NO. 10 PUMP REPAIRS
EXHIB I T ' D"
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPART~fENT OF ENGINEERING SERVICES
PAGE: I of 1
DATE: 06-24-2004
10
AGENDA MEMORANDUM
June 29,2004
SUBJECT: Traffic Engineering Consulting Services
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to execute a contract with Wilbur
Smith Associates of Dallas, Texas in an amount not to exceed $59,500 for traffic
engineering consulting services on an as needed basis.
FUNDING: Funding is available Traffic Engineering Salary savings.
RECOMMENDATION: Approval of the motion as presented.
,~ngel R. Escobar, P. E.
Director of Engineering Services
ADDITIONAL INFORMATION
Exhibit A. Background Information
Exhibit B. Contract Summary
ADDITIONAL INFORMATION
SUBJECT: Traffic Engineering Consulting - Supply Agreement
BACKGROUND: The City has not been able to attract a qualified City Traffic Engineer
despite having the position nationally advertised and the use of recruiting firms.
Engineering Services has continued to successfully provide essential traffic engineering
services. This has been accomplished by the use of other departmental staff and Traffic
Engineering clerical, field, and technical personnel. While this has been successful, there
have been some specialized circumstances requiring the services of a qualified traffic
engineer. These have been addressed through individual contracts to address the specific
issue at hand.
Review indicates that a supply type agreement for traffic engineering would be an
improvement over the current arrangement. This will allow improved technical expertise to
be routinely available to the Department, Planning Commission, Traffic Advisory
Committee and City Council. Improvements in Traffic Engineering operations will also be
realized by modifications of procedures and improved software.
CONSULTANT SELECTION: The City has historically utilized Wilbur Smith Associates
when an outside Traffic Engineer consulting was needed. The local engineering firms do
not possess dedicated traffic engineers on their staff. Wilbur Smith has served as the
parking, transit and transportation consultant for vadous MPO, RTA and City projects.
They have also served as the traffic engineering sub-consultant for a number of major
projects including the Alameda Hospital Zone, Arena/Convention Center projects, Bayfront
Master Plan and RTA Trolley Initiative. They possess a good working knowledge of local
transportation issues.
CONTRACT SUMMARY: The contract summary is attached. See Exhibit B. The
consultant will bill the City only for actual time worked and for authorized reimbursable
expenses as they are incurred.
H:\HOM E~KEVINS\GEN\TrafficEngr~AEAwdBkgExhA.doc
EXHIBIT "A"
Page 1 of 1
CONTRACT SUMMARY
BASIC SERVICES
Through this Agreement, Consultant personnel will effectively function as the CIb/s Traffic Engineer and be
responsible for fulfilling all administrative and technical duties assigned to this official under the City's zoning
ordinance, with the exception of the Traffic Engineer's personnel, accounts payable and municipal civil service
[unctions. The Cit~ will retain lead responsibilily [cr personnel, accounts payable and municipal civil service
[unctions, with support from Consultant as outlined later in this Agreement.
Initial Meetings with Key City Representatives
Upon Consultant's receipt of a final executed copy of this Agreement from the City, Consultant
personnel will devote the equivalent of one tull work day (8 hours) ~o meetings with the City Engineer,
the City Manager, and other key City representatives, as needed, to discuss and understand local
protocol and curren{ practices and procedures regarding traffic programs and development-related
matters and typical conduct of business before the Transportation Advisory Committee and the City
Council. Consultant will also coordinate with the City Secretary to ensure that we have a complete
and up-to-date version of the City Cede of Ordinances, including any recent amendments or new
ordinances that will be relevant to traffic issues.
On-Slta Work Priorities
Upon execution of this Agreement, Consultant personnel will begin to spend sixteen (16) person-
hours on site at City Hall during Iwo consecutive days every other week. Priorities for the on-sita time
will include:
· Review and recommend treatments for Speed Zones for hospitals and schools and other street
locations;
· Review the safe routes to schools program in coordination with local school safety officers;
· In concert with the Development Services Department, review subdivision and site development
proposals for traffic and thoroughfare impacts;
· Review requests for the public to address local traffic speeds, cut through traffic, access and
circulation, and other traffic issues;
· Review the efficiency of current traffic signals and signal systems and recommend course of
action for improvement;
· Review and recommend intersection approach improvements and congestion relief
improvements;
· Assist in the development of project scope for the 2004 Bond issue;
· Prepare traffic control and safety plans for City construction projects as requested.
· Being available to meet with scheduled and walk-in development applicants and/or their agents,
as well as citJ. zens, to explain and respond to questions regarding the City's traffic and parking
ordinances and programs;
· Review and recommend accident trackihg and repo~ng software to replace the TRASER system
in use;
Preparing necessary written reports from the Traffic Engineer on traffic-related items. These
reports will be forwarded to the relevant Committee or Council prior to its meeting/hearing. In
preparing the initial reports, Consultant will develop standard formats for providing the Traffic
Engineer's review findings and comments to City Committees and Council and to applicants.
Consultant sta['f will also be responsible,for coordinating with the Cit~ Attorney, as necessary, in
preparing the Traffic Engineer's written findings;
Exhibit B
Page 1 ol~2
H :'~'{O M E~KEVI N S\G El~Tralfi cEn gr'~AEAwd S urn Ex h B .doc
· Preparing verbal presentations to the Transpodatlon Advisory Committee and the City Council to
overview subject issues (including preparing any necessary maps/graphics to depict particular
proper~ and/or land use situations); identify the Traffc Engineer's comments, conclusions and
issues I~or official cor~slderatlon; and, address questions or concerns of the appllcent end/or City
Committees and Council;
· Assisting City staff to set up approphata Iqling/tracklng systems for all traffic-related matters.
· Review current in-house traffic engineering capabilities and recommend modilqcations such as
new sofiware to enhance the efficiency and range of current in-house capabilities.
· Beginning a staff training process for selected City staff to cover all aspects of zoning
administration, starting with the basics of the City's adopted ordinance, zoning applications and
procedures, and responding to citizen questions; then continuing with handling requests for zone
changes and variances, coordinating review activities among City staff, preparing staff comments
and recommendations, and filing and tracking zoning cases.
The days and bmes during which Consultant personnel will be on site at City Hall will be set on a bi-weekly
basis to allow flexibility in scheduling for both the City and Consultant. This will include determining if any on-
site time will be completed during weeks In which major holidays fall.
Off-Site Technical Assistance
During the portion of each week when Consultant personnel are not working on site at the City, they will be
available to provide technical assistance and support during normal business hours (8:00 a.m. to 5:00 p.m.,
Monday through Friday) to respond to inquiries (by telephone, fax or e-mail) and to provide "quick response"
answers to time-sensitive questions that arise pertaining to zoning, related matters. Depending upon the
complexity of each assistance request or inquiry, Consultant will assign an Associate, Senior or Principal
Planner as appropriate.
Council and Transportation Advisor',/Committee Meetines
Transportation Advisory Committee. Each month, Consultant personnel will attend, as needed,
meeting(s) of the Transportation Advisory Committee to present any traffic-related staff reports and to
address comments and questions ol~ citizens and members of the committee.
City Council. Each month, Consultanl personnel will attend, as needed, City Council meeting(s) that
involve traffic-relatad agenda items and/or public hearings. Consultant personnel will be available to
present any necessary reports from the Traffic Engineer and address comments and questions from
citizens and Council members.
Consultant personnel will not be responsible [or preparing meeting minutes but will be available to
review and offer suggested revisions on draft, minutes prepared by City staff. Consultant personnel
will also assist In finalizing the meeting packets for any Commission or Board meeting that involves
traffic-related agenda items. Such meeting packets are copied, assembled and distributed by City
staff. Consultant's role will be to provide input on meeting agendas, prepare any necessary reports
from the Traffic Engineer on traffic-related items, and review the meeting materials related to such
items to ensure that all necessary information is included.
FEES AUTHORIZED
The City will pay the Consultant a total no/to exceed fee o[ $59,500.00. Billings will be based on the actual
hours worked and authorized reimbursable expense, s.
H:~-iOM E~,EVIN S\GE N\Tra ffi cEngr~Y, EAwz:l Su rnExh B.doc
Exhibit B
Page 2 o[ 2
11
AGENDA MEMORANDUM
June 29,2004
SUBJECT: Wesley Seale Dam Actuator Replacement Project - (Project
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the
engineering services contract with Freese & Nichols, Inc., of Fort Worth, Texas in an
amount not to exceed $64,600.00 for the Wesley Seale Dam Actuator Replacement.
FUNDING: Funding is available from Water Capital Improvement Fund (Commercial
Paper).
RECOMMENDATION:
Angel R. Escobar, P.E.
Director- Engineering Services
Staff recommends ap~the mo,~s presented.
Date Eduardo Garafia, P E. Date
Director - Water Services
Attach ments:
Exhibit A - Additional Information
Exhibit B - Location Map
Exhibit C - NE Contract Summary
H:~HOME~-V] NS\GEN\WATER~5492 Ach ,alorsV~Amd 1Me too. DOC
SUBJECT:
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
Wesley Seale Dam Actuator Replacement (Project No. 8492)
PRIOR COUNCIL ACTIONS:
October 20, 2003 - Award ol= an engineering services contract to Freese and Nichols, Inc.
for the replacement of the actuators for the 27 south spillway gates at Wesley Seale Dam.
FUTURE COUNCIL ACTION:
Council will be requested to authorize the award of a construction contract to replace the
actuators for the 27 south spillway gates at Wesley Seale Dam.
BACKGROUND: The existing actuators are outdated. The actuators have required
substantial and re-occurring maintenance and repair activities. The repairs problem has
been aggravated by the non-availability of replacement parts. The replacement of the
actuators will include an upgrade of the existing gate hoist instrumentation and control
system to integrate the replacement actuators.
Freese and Nichols had been selected to investigate problems associated with Wesley
Seale Dam resulting in a successful stabilization project. The project included additional
maintenance work that had been accumulating over time. The odginal gates were
designed with a counterweight system that ultimately failed. These were replaced with
small electdc motors that required manual operation The electric motors had a continuing
tendency to overheat and required what has now been determined to be an excessive time
to raise and lower the gates. While the system was upgraded over the years, it is by
current standards obsolete and requires replacement.
Construction Phase services were not included in the original contract as considerable
analysis and study was required to determine the extent of the project. The eventual
contract required additional work on protective coatings, integration and programming of
the replacement gate operators, and other related work.
CONSULTANT CONTRACT: The odginal contract provided for the design and preparation
of bid and construction documents for the project. The amendment provides for selection
and design of protective coating specifications, construction phase services, integration
and programming of the replacement gate operator system, updating of the operations and
maintenance manuals for the dam, and a warranty inspection, A contract summary is
attached. See Exhibit B.
H:~H OM E~KEVIN S\GEN\WATE R~492 Ac/u al~rs~EAmd 1Bkg ExhA_doc
IEXHIBIT "A" I
· p_.age 1 of 1
F~le : \Mproject\councilexhibits\exh8492.dwg
N
LAKE
CHOKE CANYON RESERVOIR
THREE
RIVERS
59
59
/
/
/
/
/
/
/
/
SEADRIFr
GEORGE WEST
COR~US
CHR STI
WESLEY SEALE
DAM
~o NUECES --
c~ RIVER
PUMP STATION NO_ 2
57
MATHIS
7~
WOODSBORO
PUMP STATION NO. 1
MARY RHODES
PIPELINE
SALTWATER BARRIER DAM
ON STEVENS
WATER PLANT
CORPUS
CHRISTI
CITY PROJECT NO. 8492
LOCATION ~/~AP
Not To Scole
EXHIBIT "B.
WESLEY SEALE DAM A CTUA TOR
REPLA CEMENT PROJECT
CITY OF CORPUS CHRISTI, TEXAS
CITY COUNCIL EXHIBIT
DEPARTI,'iENT OF ENClNEERING SERVICL'~
PAGE: 1 of 1
DATE: 06-29-2004
CONTRACT SUMMARY
Exhibit A, Sec[ion 2, SCOPE OF SERVICES, Paragraph B., ADDITIONAL SERVICES, is amended
by the deletion of the odginal tasks I through 4 and replaced by tasks I through 7 to read:
B. ADDITIONAL SERVICES
1. Provide design services for the selection and specification of protective coating systems for
the existing gate hoists and hoist shafts. Provide design services for the selection and
specification of replacement flexible couplings for the gate hoist ddve mechanism.
2. Provide services of a protective coatings specialist to attend a pre-construction meeting to
review with the Contractor the specification requirements for surface preparation, coating
system application, and the Contractor's quality control testing.
3. Make one w~ekly visit to the construc'tJon site, up to a ma:~mum of 20 total visits to observe
the progress and the quality of the actuator replacement work and to determine in generel if
the v~3rk is proceeding in accordance with the construction contract documents, and attend
bi-weekly project progress meetings with the City and / or contractor in conjunction with the
weekly site visits. Each site visit shall consist of up to eight (8) hours including on-site
representation and travel time from San Antonio, Texas. Site visits are separate from the two
(2) site visits described in Section 2.A.4.e.
4. Make three (3) visits to the construction site by a protective coating specialist to observe the
progress of the coating application ',',~)rk and determine if the work is in accordance with the
project design. Site visits are separate from the two (2) site visits described in Section
2.A.4.e.
5. Provide systems integration and programming services to incorporate the replacement gate
hoist actuators into the existing instrumentation and control system at Wesley Seale Dam.
6. Update the existing Operations and Maintenance Manuals for the Wesley Seale Dam Crest
Gate control System to incorporate the replacement of the gate hoist actuators and [he
upgrades to the control system described in Section 2.B.5. Provide three (3) pdnted copies
and three (copies) on CD-ROM in Adobe Acrobat .PDF format.
7. Attend one-year warranty examination walkthrough with City and Contractor and provide
memorandum identifying items requiring repair by Contractor under warranty and condition of
protective coatings. Provide services of a protective coatings specialist to attend the
warranty walkthrough.
Table I Summary o[ Fees
Task I Description I Fee
ORIGINAL CONTRACT
Basic Services
AMENDMENT No. 1
Additional Services
B.1
B.2
B.3
B.4
B.5
B.6
B.7
Odglnal Contract Fee
$25,000
$25,000
Selection and Specification of Protective CoalJngs & Flexible Couplings $4,272
Provide Protective Coatings Specialist for Pre-Cons[ruction Meeting $2,166
Weekly Site Visits (20 visits) $25,050
Site visits and technical suppod by Protective Coating Specialist $7,758
Systems integration and Programming Services $17,755
Update Operations and Maintenance Manual $4,800
Warranty Walk[.hrough $2,799
Amendment No. 1 Subtotal $64,600
Total Authorized Fee $89,600
Exhibit C
Page 1 of 1
H:'~H OM E~EVIN S\GE N~WATER',~492 Acbaa b3m~u~:il SumExh B .doc
12
AGENDA MEMORANDUM
June 29, 2004
SUBJECT: City Hall Renovations - Project No. 4311
AGENDA ITEM:
a. Ordinance appropriating $30,000.00 from unappropriated settlement proceeds in the
No. 3160 City Hall CIP Fund [o provide funding for architectural services for the City
Hall Renovation Phase 2 Project; Amending the FY 2004 Capital Budget adopted by
Ordinance 025647 by increasing appropriations by $30,000.00; and declaring an
emergency.
b. Motion authorizing the City Manager, or his designee, to execute Amendment No. "Lto
the architectural services contract with Dykema ArChitects, Inc., of Corpus Christi,
Texas in an amount not to exceed $26,600 for City Hall Renovation Phase 2 Project.
FUNDING: Funding is available from settlement proceeds in the City Hall CIP Fund.
RECOMMENDATION: Approval of the motions as presented.
Angel R. Escobar, P. E.
Director of Engineering Services
ADDITIONAL SUPPORT MATERIAL
Exhibit A. Background Information
Exhibit B. Contract Summary
Exhibit C. Site Map
H :~-IO M E~.EVI N S\G ENSCIT'Y}-IAL L~2 0~4 R e n o~ra ~ on s~a,E Amd 2 M e r~o, doc
BACKGROUND INFORMATION
PROJECT DESCRIPTION: The project is a continuation of efforts to increase service
provided to the public and businesses dealing with the City. The need to improve
operational efficiency of City Departments that are presently scattered on several floors is
one of the objectives of the project. The completion of Development Center has made
additional space available for the departments remaining in City Hall. The completion of
the space needs and utilization study indicates significant improvements are needed to
optimize services.
The,-odginal contract provided only for a space needs and utilization analysis. The contract
provided for Design, Construction Documents, and Construction Phase services to be
negotiated as an amendment. This allowed the scope and extent of the required services
to be more accurately developed.
Amendment No. 1 provided architectural services to prepare plans and specifications for
the reutilization of the space while minimizing the need to alter and remodel spaces. The
rehabilitation will range from a "cosmetic" level to complete renovation. The project will
upgrade those areas that need painting, new floor covering, and are subject to water
intrusion. Identified areas of water intrusion will be addressed by repairs to the building
envelope. The HVAC distribution system which has reached the end of its economic life
will be upgraded with new digital controls, replacement of VAV boxes, valves, hoses and
other components as needed. The work will be done in a phased schedule that may
require the issuance of up to three construction contracts.
As a result of the evaluation, it was determined upgrade of the four existing elevators was
necessary. The elevators have proven increasingly unreliable and are out of service on an
increasing frequency. The existing motors and controls operate with direct current (DC),
which is not the current state of the art elevator design. The motors and control will reach
the end of their economic life within the next five to ten years.
PRIOR COUNCIL ACTIONS:
November 11,2003 -
a. Ordinance appropriating $60,000.00 from unappropriated settlement proceeds in the
No. 3160 City Hall CIP Fund to provide funding for architectural services for the City
Hall Renovation Phase 1 Project; Amending the FY 2003 Capital Budget adopted by
Ordinance 025144 by increasing appropriations by $60,000.00; and declaring an
emergency (Ordinance No. 025548).
b. Motion authorizing the City Manager, or his designee, to execute an architectural
services contract with Dykema Architects, Inc., of Corpus Chdsti, Texas in an amount
not to exceed $60,000 for City Hall Renovation Phase 1 Project (M2003-401).
Apdl 13, 2004-
a. Ordinance appropriating $210,000.00 from unappropriated settlement proceeds in the
No. 3160 City Hall CIP Fund to provide funding for architectural services for the City
IEXHIBIT A I
Page 1 of 2
H :~-IOME~KE-VIN S\GEN\CITYHALL~004RenovalJo~s'tAEAmd 2BkgExhA.doc
Hall Renovation Phase 2 Project; Amending the FY 2004 Capital Budget adopted by
Ordinance 025647 by increasing appropriations by $210,000.00; and declaring an
emergency (Ordinance No. 025715).
b. Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to
the architectural services contract with Dykema Architects, Inc., of Corpus Christi,
Texas in an amount not to exceed $194,000 for City Hall Renovation Phase 2 Project.
(M2004-150).
AMENDMENT No. 2: Amendment No. 2 is necessary to provide the architectural and
engineering services to upgrade the four elevators. The scope of the upgrade will result in
the following changes:
· Removal of the DC motors and controls and replacement with alternating
current (AC) motors and controls;
· Replacement of door operators and related equipment;
· Modification of the elevator machine rooms by closing the fresh air intakes
and providing air conditioning to the rooms; and
· Upgrading the elevator to provide minimum Quality Elevator Inspection fire
recall operation.
A contract summary is attached. See Exhibit B.
FUNDING: Appropriation of $30,000 is necessary to defray the cost of Amendment
No. 2 and miscellaneous pre-construction expenses. These include advertising,
printing, TDLR review and shipping charges.
H:~'IOME~KEVI NS\G E N~CITYHALL~004 Re novalJons~uEAmd 2 B kg ExhA.doc
I
Page 2 of 2
CONTRACT SUMMARY
The project is to include renovation of the HVAC distribution and control system. The scope of the HVAC
renovations will be developed by [he mechanical engineer retained by[he ConsultanL The HVAC renovations
will include a digital control system and result in an HVAC that efficiently maintains building temperature and
humidibj levels. The project will include rehabilitation and modification four elevators including [he
replacement of DC motors with AC motors and controls, replacement of door operators and related
equipment, modifications o[ elevator machine rooms by closing fresh air intakes and providing air conditioning
for the elevator machine rooms, and upgrading the elevators to provide for minimum QEI standard fire recall
operation.
Summary of Fees:
Tasks I Description
Original Contract
Pre-design Services
II.A.1 Floor Plans and Space Needs
II.A.2 Design and Cost Estimating
Amendment No. 1
Basic Services & Additional Services
II.B.1 Design - Construction Document Phase 60%
II.B.2 Design - Construction Document Phase 100%
I1.B.3 Bid Phase
Construction Services
II.CA Construction Phase
I1.C.2 Record Drawings
Post Construction Services
II.D Posl Construction Phase
Fee
Pre-design Subtotal
Basic Service Subtotal
Construction Service Subtotal
Post Construction Services Subtotal
Amendment No. 1 Total
Amendment No. 2
Basic Services & Additional Services
ll.B. 1 Design - Consb'uction Document Phase 60%
I1.B.2 Design - Construction Document Phase 100%
I1.B.3 Bid Phase
Construction Services
I1.C.1 Construction Phase
Basic Service Subtotal
Construction Se~/ice Subtotal
Amendment No. 2 Total
TOTAL
10,000
50,000
60,000
57,000
80,000
7,000
144,000
44,000
2,000
46,000
4,000
4,000
194,000
7,000
13,000
6OO
20,600
6,000
6,000
26,600
$280,600
ExhlbitB
Page 1 of 1
FTle : \Mproject\councilexhibits\exh4311.dw9
LOCATION MAP
NOT TO SCALE
· PROJECT
LOCATION
N
CORPUS CHRISTI BAY
~ Park ~., ./ LOBO ~ /f, ~
z ~
~ ~~~;~ BLFFALO
~ ~ ~~ ANTELOPE ,
~ ~ ~ ~ = ~L,~ < ~ z z
~( ~ ~ < COM~NCPE < <
Ben /1~, / ~ %, % ..
Pork a'~ ~
CITY PROJECT No. 4311
WTClNITY MAP
NOT TO SCALE
EXHIBIT "C"
CITY HALL RENOVATIONS
PHASE 2
CITY OF CORPUS CHRISTI, TEXAS
CITY COUNCIL EXHIBIT
OEP~E~ OF ENGIN~RI~ SERVICES
PAGE: I of 1
~TE: 06-29-2004
ORDINANCE
APPROPRIATING $30,000 FROM UNAPPROPRIATED
SE'R'LEMENT PROCEEDS IN THE NO. 3160 CITY HALL CIP
FUND TO PROVIDE FUNDING FOR ARCHITECTURAL
SERVICES FOR THE CITY HALL RENOVATION PHASE 2
PROJECT; AMENDING FY 2003-2004 CAPITAL BUDGET
ADOPTED BY ORDINANCE 025647 BY INCREASING
APPROPRIATIONS BY $30,000; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That $30,000 from unappropriated settlement proceeds in the
No. 3160 City Hall CIP Fund be appropriated to provide funding for architectural
services for the City Hall Renovation Phase 2 Project.
SECTION 2. That FY 2003-2004 Capital Budget adopted by Ordinance No.
025647 is amended to increase appropriations by $30,000.
SECTION 3. That upon written request of the Mayor or five Council members,
copy attached, the City Council (1) finds and declares an emergency due to the
need for immediate action necessary for the efficient and effective administration
of City affairs and (2) suspends the Charter 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 ,2004.
AT-rEST:
THE CITYOFCORPUSCHRISTI
Armando Chapa
City Secretary
APPROVED: ,J~r~_ ~-'-, 2004
Burke, Jr,
t City Attorney
Attorney
Samuel L, Neal, Jr
Mayor
LauricklohnBurke\OrdinanceRes\CIP for Phase 2 ofCIW Hall.lla
Corpus Christi, Texas
Day of ,2004
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: I/we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully,
Respectfully,
Samuel L. Neal, Mayor
City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Jawer D. Colmenero - -
Melody Cooper
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
13
CITY COUNCIL
AGENDA MEMORANDUM
Council Action D~te: 6f29/04
AGENDA ITEM:
Ordimm~ appropria~ng $89,748 in imexem
No 4243 W~ I~A C~ F~
~; ~ ~ ~2~3-2~
~mg ~g~ ~ $89,748;
Motion authorizinE the City Manager o~ his desigue~ to pay $89,748 ofe:a~ss a-brmlge intexe~
~in~on to tbe In{a:ms] R~w~lue S4~wigg for th~ Utility Synton Rgv~lue Rgfundin~o arid
lmprovea~e~t Bonds, Series 1999A as required by the ln~xnal Rgvenue Service ~ each five~y~
amUVersmy drive.
ISSUE:
by thc City. This ~bate of mt~est resulted from mvesimmts ia low-yielding
being invested ia high~-yi~i.g taxable iavcsUneaas daring tl~ consm~onpefiod oftheb~dpmje~s.
With the Tax ReKnm Act of 1986, arbiuage e...arnin~o~ are rl:~lllia~ to b~ r~ to t~ ~ ggvgml~
~ca-vice: on aH bond issues on each fivc.-ye~r annivcl~y
REQUIRED COUNCIL ACTION:
Council app, vval is required on all ~-xpe~titores ex~cling $25,000.
PREVIOUS COUNCIL AUI'ION:
On Scptembex 27, 2002, City Council appointed AMTEC to prcpat~ the required arbilrage ~ for
the $15,750,000 Utility System Revenue Refunding and lmprovem~at Bonds, Series 1999A.
The amotmt to be rebaaxl to thc U.S. Treasmy wtll bc paid fi.om the No 4243 Wa.~towator 1999A CIP
Fund_
CONCLUSION AND RECOMMENDATION:
S taft ro~uml~u~ that th{: City Council approve th~ appropriation ordin~m,~ and corresponding m~mm
~,,moriziag paymont ofth~ n~omng~ rebate to the Imom~ Reronu¢ Servio:.
Cindy O'Briew/
Di~'tor of Financial Services
Form 8038-T
REBATE REPORT
$15,750,000
City of Corpus Christi, Texas
Utility System Revenue Refunding
and Improvement Bonds
Series 1999-A
Dated: April 15, 1999
Delivered: May 21, 1999
Prepared By
Amtec
May 21, 2004
TABLE OF CONTENTS
Consultant's Report
Summary of Rebate Computations
Sumn-mry of Computational Information and Definitions
Methodology
Sources and Uses
Bond Yield Verification
Debt Service Requirements
Arbi~'age Rebate Calculation Detail Rq~ort Bond Proceeds
IRS Form 8038-T
3
4
5
7
8
9
10
11
16
2
ARBITRAGE REBATE REPORT
$15,750,000
City of Corpus Christi, Texas
Utility System Revenue Refunding
and Improvement Bonds
Series 1999-A
Dated: April 15, 1999
Delivered: May 21, 1999
Rebate Report to the Computation Date
May 20, 2004
Reflecting Activity To
May 20, 2004
We have prepared certain computations relating to the above captioned bond issue (the
"Bonds") at the request of the City of Corpus Christi, Texas.
The scope of our engagement consisted of preparation of the computations shown in the
atlached schedules to determine the Rebatable Arbitrage as described in Section 103 of the
Internal Revenue Code of 1954, Section 148(f) of the Internal Revenue Code of 1986, (the
"Code"), as amended, and all applicable Regulations issued thereunder. The methodology
used is consistent with current tax law and regulations and may be relied upon in determining
the rebate liability. Certain computational nethods used in the preparation of the schedules
are described in the Summary of Computational Information and Defimtions.
Our engagement was limited to the computation of Rebatable Arbitrage based upon the
information furnished to us. In accordance with the terms of our engagement, we did not audit
the information provided to us, and we express no opinion as to the completeness, accuracy or
suitability of such information for purposes of calculating the Rebalable Arbitrage.
American Municipal Tax-Exempt Compliance Corporation
By
William M. Pascucci, President
3
SUMMARY OF REBATE COMPUTATIONS
Our computalaorts, contained in fine attached schedules, are summarized as follows:
For fine May 20, 2004 Computation Date
Reflecting Activity f~om May 21, 1999 through May 20, 2004
3.978161%
4.201366%
$99,719.18
$89,748.00
The yield is based upon ~ investment of unspent bond proceeds
for fine period commencing May 21, 1999, fine date of the closing,
through May 20, 2004, the Computation Date.
Based upon our computations, a rebate liability of $99,719.18 exists as of May 20, 2004,
the fifth anulversary date of the Issue and the Computation Date. The Regulations
require that 90% of the accumulated rebate liability, or $89,748, be paid to the IRS no
later than sixty days from this date, or July 19, 2004. The remaining liability, should one
exist, would be due once all bond proceeds have been spent.
SUMMARY OF COMPUTATIONAL INFORMATION
AND DEFINITIONS
COMPUTATIONAL [INFORMATION
For the purpose of computing Rebatable Arbia'age, investment activity is reflected fi.om
May 21, 1999, the date of the cbsing, through May 20, 2004, the Computation Date. All
nonpurpose payments and receipts are future valued to the Computation Date of May 20,
2004.
Computations of yield are based on a 360-day year and semiannual compounding on the
last day of each compounding interval. Compounding intervals end on a day in the
calendar year corresponding to Bond maturity dates or six months prior.
For purposes of computing afoi~age, interest eaminfs and yield, the value of rite
inveslments, subject to rebate and outstanding at the end of the Computation Period, was
as follows:
Balance
Total
*63b,318.63 $'0.00 *639,318.63
$639,318.63 $0.00 $639,318.63
For investment cash flow, debt service and yield computation purposes, all payments and
receipts are assumed to be paid or received respectively, as shown on the attached
schedules.
5. Purchase prices on inveslments are assumed to be at fair market value, representing an
arm's length la'ansaction.
The City maintained a common Reserve Fund for all outstanding Revenue Bond issues.
On July 31, 2003, the City purchased a surety bond to satisfy the Debt Service Reserve
Fund requirements and released the Reserve Fund proceeds for other uses.
The City maintains a common Debt Service Fund for all outstanding bond issues. This
Fund has been established and henceforth maintained to function as a bona fide debt
service fund, as defined under the Code, and therefore, is not subject to yield restriction.
DEFINITIONS
8. Computation Date
May 20, 2004.
9. Computation Period
The period beginning on May 21, 1999, the date of the closing, and ending on May 20, 2004,
thc Computation Date.
10. Bond Year
Each one-year period (or shorter period fi.om the date of issue) that ends at the close of
business on the day in the calendar year that is selected by the issuer. If no day is selected by
the issuer before the earlier of the final maturity date of the issue or the date that is five years
after the date of issue, each bond year ends at the close of business on the anniversary date of
the issuance.
11. Bond Yield
The discount rate that, when used in computing the present value of all the unconditionally
payable payments of principal and interest with respect to the Bonds, produces an mount
equal to the present value of the issue price of the Bonds. Present value is computed as of the
date of issue of the Bonds.
12. Taxable lnvest~nent Yield
The discount rate thai, when used in computing the present value of all receipts of principal
and interest to be received on an investment during the Computation Period, produces an
amount equal to the fair market value of the investment at the time it became a nonpurpese
investment.
13. Issue Price
The price determined on the basis of the initial offering price to the public at which price a
subsLantial amount of the Bonds were sold.
14. Rebatable Arbitrage
The Code defines the requh-ed rebate as the excess of the amount earned on all nonpurpose
investments over the amount that would have been earned if such nonpurpose investments
were invested at the Bond Yield, plus any income atm'butable to the excess. Accord'mgly, the
Regulations require that this amount be computed as the excess of the future value of all the
imnpurpose receipts over the future value of all the nonpurpose payments. The future value is
computed as of the Computation Date using the Bond Yield.
15. Funds and Accounts
The Funds and Accounts activity used in thc compilation of this Report was received from the
City of Corpus Christi, Texas and the prior rebate report dated October 22, 2002.
METHODOLOGY
Bond Yield
The methodology used to calculate the bond yield was to determine the discount rate that
produces the present value of all payments of principal and interest through maturity.
Investment Yield and Rebate Amount
The methodology used to calculate the rebatable arbil~-age, as of May 20, 2004, was to
calculate the future value of the disbursements from all funds, subject to rebate, and the value
of the remaining bond proceeds, at the yield on the Bonds, to May 20, 2004. This figure was
then compared to the future value of the deposit of bond proceeds into the various investment
accounts at the same yield. The difference between the future values of the two cash flows, on
May 20, 2004, is the rebatable arbitrage.
7
$15,750,000
City of Corpus Christi, Texas Issue
Utility System Revenue
Refunding and Improvement Bonds
Series 1999-A
Delivered: May 21, 1999
Par Amount
Original Issue Discount
Bond Insurance
Sources of Funds
Total
$15,750,000.00
-286,020.00
-41,54435
$15,422,435.65
Uses of Funds- .................
Bond Proceeds
-Reserve Fund
Costs of Issuance (including Underwriter's Discount)
Total
$13,774,050.60
810,883.48
837,.~)1.57
$15,422,435:65
City Of Corpu~ Christi, TeKas Issue, Series 1999A
05/21/1999
10
City of Corpus Christi, Texas Issue, Series 1999-A
Bond Proceeds
DATE
05-21-99
05-24-99
05-25-99
05 31 99
06 02 99
06 08 99
06-30-99
07-12 99
07-14-99
07-15-99
07-27-99
07-31-99
0B 12 99
0B 26 99
08-29-99
08-31-99
09-08-99
09-30 99
10-29-99
10-31-99
11-15-99
11-30-99
12 15 99
12-30-99
12 31-99
01 03 00
01-31 O0
02-01-00
02 14 00
02 15 00
02 17 00
02-22-00
02-24-00
02 25-00
02 29 00
03-06-00
03-08-00
03-09 00
03 20 00
03-28-00
03-31-00
04-03-00
04 19 00
04 30-00
05-01-00
DESCRIPTION
STARTING BALANCE:
~3TURE VALUE
AT BOND YIELD
(OF 3~978161%)
14,584,934.08
2,B13.B9 3,424 95 14,589,722.51
-904,929.40 -1,101,320 85 14,591,319 00
9,291.97 11,302.37 14,599,304 08
2,162.88 2,630.26 14,602,499.34
207,993.86 252,773.71 14,612,089.30
2,056.98 2,420.43 15,091,445.61
11
City of Corpus Christi, Texas Issue, Series 1959-A
Bond Proceeds
DATE
05-11-00
05-15-00
05 20-00
05-22-00
05-23-00
05-31-00
06-06-00
06-23-00
06-28-00
06-30-00
07 05 00
07 10 00
07-11-00
07-14-00
11-06-00
~RBIT~AGE REBATE CALCULATION
DETAIL REPORT
DESCRIPTION
Rebate Credit
FlrfURE VALUE
RECEIPTS AT BOND YIELD
(PAYMENTS) (OF 3.978161%)
FLrITr~E VALUE
AT BOND YIELD
(OF 3 978161%)
-52,435 43 -61,444.35 15,154,325.77
1,600,000.00 1,874,075.12 15,160,959.96
-1,000.00 -1,170 66 15,189,256.77
-67,416.98 -78,904 84 15,172,576.77
1,016,527.25 1,189,613.47 15,174,237.04
3,796.01 4,438.96 15,185,864.03
63,469.60 74,171.12 15,195,837.11
525,000.00 612,379.35 15,224,129.76
69,896.13 -81,484.83 15,232,461.14
3,986.37 4,646.29 15,235,794.97
-1,011,798 43 -1,178,650.36 15,244,132.74
-6,426.53 -7,482.21 15,252,475.08
100,000.00 116,414.16 15,254,144.09
753,865.15 877,317.87 15,259,152.23
2,715.17 3,161.91 15,265,632.31
100,000 0O -116,235.98 15,277,529.46
-42,034 67 -48,832.69 15,285,890.09
-19,975 20 23,203.13 15,287,562.76
2,767,500.00 3,210,149.99 15,309,324.14
125,000.00 -144,961.50 15,312,674.80
78,163.38 90,516 60 15,334,471.93
104.12 -120 56 15,336,149 52
250,000.00 259,289.22 15,346,221.69
52,500.00 50,737.44 15,349,580.42
3,200,000.00 -3,700,471.82 15,356,300.09
5,592,550.00 -6,466,257.86 15,359,661.02
5,600,000.00 6,4731700.29 15,361,341.76
16,801.98 19,417.01 15,366,385.10
100,000.00 115,513.28 15,373,112.12
86,164.00 -99,487.31 15,379,542.08
25,849 20 29,842.93 15,381,525.04
325,000.00 375,171.77 15,383,208.17
2,373 81 2,739.67 15,386,575.00
25,000.00 28,837.27 15,394,995.28
-52,560.04 60,581.11 15,406,791.42
107,774.88 124,154.21 15,415,222.77
-76,894.40 -88,522.46 15,425,346.48
6,990 40 8,046.62 15,427,034.41
2,267.55 2,608.49 15,437,165.87
-5,188,630.17 -5,967,381.71 15,440,544.51
-38,869.86 -44,684.20 15,447,303.99
38,869.86 44,674.42 15,450,684.84
5,630,766.80 6,465,257.65 15,465,907.84
2,000,000.00 -2,296,152.72 15,467,600.21
1,400,000.00 1,606,955.20 15,470,985 50
1,400,000.00 -1,606,779.38 15,472,678.43
12
DATE
12 05-00
01-24-01
02-07-01
02-22-01
02-28-01
03 12-01
03-26-01
03 27 01
03-31-01
04-02-01
04-03-01
04-05-01
04 17 O1
04 18-01
04 19 01
04-25-01
04 26 01
04-30-01
05 20 01
05-21-01
O5 31 01
06-10-01
06 20 01
06-30-01
07-10-01
07-13-01
07-17-01
07 18 01
07-25-01
07-26-01
City of Corpus christi, Texas Issue, Series 1999-A
Bond Proceeds
DESCRIPTION
FUTURE VALUE
P~ECEIPTS AT BOND YIELD
(PAYMENTS) {OF 3.978161%)
FUTURE VALUE
AT BOND YIELD
(OF 3.978161%)
Rebate Credit
339,698.00 389,743.29 15,477,758.32
2,219 64 2,544.97 15,467,923.09
11131.99 1,297.76 15,489,617.87
55,452.55 -63,545.45 15,496,398.84
57,670.80 -66,029.61 15,509,969.68
146,989.90 168,257.50 15,513,364.25
1,769 47 2,022.17 15,538,847.20
361,097.85 412,170 68 15,557,561.30
186,740.80 -215,412 28 15,559,263.70
353.49 403.22 15,567,776.48
-69,904.00 75,725 97 15,569,482.00
49,631.84 56,602 06 15,571,185.70
69,904 00 79,677.64 15,579,707.02
-10,731.23 12,223.59 15,589,938.75
-51,029.92 58,082.00 15,601,884.26
-71,651.60 -81,415.75 15,627,512.62
720.68 618.39 15,637,775.74
353.49 -400.50 15,661,749.26
-67,632.12 76,566.92 15,685,759.52
35,000.00 39,619 47 15,687,475 95
-602.65 -681.97 15,692,626 36
354.75 401.35 15,696,0~0.90
121.83 137.82 15,697,778.46
41,942.40 47,436.62 15,701,214.13
-54,214.27 -61,235 58 15,721,843.96
17~750 45 20,081.01 15,723,564.33
4,243.00 4,791.46 15,725,284.90
1,756,342.18 1,982,070.97 15,735,612.23
317,780.45 -358,583.02 15,737,334.12
7,644.37 8,624.95 15,739,056.19
4,257.99 4,802.61 15,744,223.53
11,605.14 13,073.75 15,763,104.97
-1,000.00 -1,125 44 15,778,715.86
63,300.00 71,232.51 15,780,442.46
2,946.07 3,312.00 15,795,990 35
259,651 92 291,457.85 15,821,937.55
125,000.00 140,218.87 15,830,596.09
-3,372.64 -3,779.12 15,847,927.38
-4,570,422.65 -5,451,458.21 15,865,277.65
4,700,000.00 5,260,128.75 15,867,013.72
502,595.36 562,369.75 15,870,486.43
328,548.80 367,462.71 15,877,434.13
1,747.60 1,954.38 15,879,171.53
-200,000 00 223,492.64 15,891,338.66
-50,000.00 -55,867.05 15,893,077.59
City of Co~us Christi, Texas Issue, Series 1999 A
8ond Proceeds
DATE
07-31-01
08-01-01
08-10-01
08 31 O1
09-28-01
09-30-01
10-24-01
10-26-01
01 03-02
O1 14 02
01 22 02
01-23-02
02 01 02
02-28-02
03-04-02
03-11-02
03-15-02
03-18-02
03 19-02
03 22 02
03 27-02
03 28 02
03-31 02
0&-05-02
04 11 02
04-19-02
04-30 02
05-03-02
05-10-02
05-15-02
09-20-02
05-21-02
05-29-02
05-30-02
05-31-02
A~BITRAGE REBATE CALCI/LATION
DE~AIL P~EPORT
DESCRIPTION
RECEIPTS AT BOND YIELD
(PAYMENTS) (OF 3. 978161%)
Rebate Crsdit
FUTURE V~LUE
AT BOND YIELD
(OF 3.978161%)
69,108.96 77,184.48 15,900,035.18
162,510.76 181,480.61 15,901,775.05
-69,904.00 -77,987.04 15,917,442.49
529.38 589.30 15,952,314.31
-91,574.24 101,627 86 16,001,263.24
1,687.81 11872.70 16,004,765.33
162,526.80 180,034.85 16,031,055.48
-73,399 20 -81,279 38 16,036,318.69
10,000.00 11,066.34 16,046,850.29
25,000.00 27,659.79 16,050,362.36
1,786.15 1,975.32 16,057,388.81
-75,146.80 -83,023 61 16,073,209.57
71,290.40 78,659.63 16,094,328.16
-5,155.89 5,683 25 16,110,185.31
-44,904.00 -49,426.57 16,133,117.68
100,000.00 110,011.43 16,141,946.51
1,835.90 2,017.05 16,163,155.41
-3,844.72 -4,222.70 16,168,461.99
-28,008.50 -30,735.10 16,182,621.39
28~008.50 30,725.02 16,187,934.36
4,931,932.58 -5,405,542.01 16,202,110.81
-31,503.70 -34,525.20 16,203,883.74
5,198,427.00 5,692,642.38 16,216,299.68
-73,399.20 -80,368.48 16,218,074.16
14
City of Corpus Christi, Texas Issue, Series 1999-A
Bond Proceeds
ARBITRADE REBATE CALCULATION
DETAIL ~EPORT
DATE DESCRIPTION
FUTORE VALUE ~ VALUE
RECEIPTS AT BOND YIELD AT BOND YIELD
(PAYMENTS) (OP 3.978161%) (OF 3.978161%)
06-10 02 -1,541.43 -1,664.13 16,448,818.07
0~-30-02 9,433.15 10,161.80 16,484,653.59
07-10-02 -1,541.43 -1,658.68 16,502,700.94
07-12-02 286,5¢1.14 308,269.55 18~506,312.78
07-15-02 70,417.76 75~732.67 16,511,732.02
07-24-02 147,983.78 158,996 48 16,528,000.43
07-31-02 435,812.62 467,937 74 16,538,854.93
07 31-02 314.71 337.91 16,538,854.93
09-15-02 2,900.36 3,098.86 16,620,491.29
10-15-02 29,945.02 31,889.58 16,675,139.27
11-15-02 31,466.46 33,400.00 16,729,966.93
12-15-02 120,900.88 127,909.41 16,784,974.86
02-15-03 138,623.15 145,699 33 16,895,533.92
03-15-03 12,751 70 13,358.70 16,951,086.24
04-15 03 292,342.34 305,254.65 17,006,821.21
05 15-03 783,196.76 815~109.28 17,062,739.44
05 20 03 Rebate Credi~ -1,000.00 -1,040.18 17,072,077.00
06-15-03 5,692.79 5,905.33 17,118,841.52
07-15-03 806,822~10 -834,202.55 17,175,128.07
07-31-03 304,753.72 314,579.15 17,203,340.71
08 15 03 54,700.08 56,371.04 17,231,599.69
08-15-03 288,361.35 296,196.25 17,288,256.99
10-15-03 14,624.38 14,972.50 17,345,100.57
11-15-03 -322,136.20 -328,723.54 17,402,131.06
12 15 03 2,774.30 2,821.75 17,459,349.06
01 15 04 843,910.05 855,531.91 17,516,755.20
02 15 04 336,389 14 339,904.10 17,574,350.08
03-15-04 322,669.28 324,972.38 17,632,134.34
04-15-04 101,213.88 101,602.24 17,690,108.59
05-15-04 1,177.81 1,17B.45 17,748,273.46
05 15 04 Reimbursements 3,355,809.47 3,357,645.93 17,748,273.46
05 20-04 Rebate Credit 1,0o0.00 1,000.00 17,757,986.18
05 20 04 Due to GF -20,350 65 -20,350.65 17,757,986.18
05 20-04 Balance 639,318.63 639,318.63 17,757,986.18
05-20-04 TOTAL: 16,268,287.98 17,857,705.36 17,757,986.18
05 20 04 REBATkBLE /~ABITP~AGE (AT I~VSTMT YIELD OF 4.201366%) 99,719.18
8038-T
l~ll~ Reporting A~o~
11 T~e orlssue Utilities
Arbitrage Rebate and
Code of 1
C~ec~ box
74 -6000574
aep~t number
701
05/21/99
220245 EU4
(361) 880-3650
Issue price I 1t 15,463,917
Penalty in Lieu of Arbitrage Rebate
/Under ~ect!ene 143(g)(3) end 148(1~
end $ecllone 103ic)(6~(D1 end 103AH)(4) of the Internal Revenue
2
iD
14 Date or most recenUy filed Form 8038-T th~ this ISSL~ (MMDDYYY¥)
dS I~.,[hl~theflflalForml~038-Tforthlslssue? I[-j Yes [] No
~.t,lll Yield Reduction, Arbitrage Rebate, and Penalty In Lieu of Arbitrage Rebate
Yield Redu;flen
16 Amount o~ y~eld reduc~on pay~nent (see Inslruc§ons)
Arbitrage Rebate
17 Amount of rebate paid thr the pedod (MMDDYYYY) I'rom I 5 / 21/199, tel 5/20/200, '17'$89,748
18 Penalty ror ra~um ~ pay arbl~'age rebate on Ume (attach statement)
19 Interest o~ underpaymenl of a~lVage rebate (see Insb'uc~ons) 19 N/A
Penalty In Lieu of Arbitrage Rebate
20 Number of months since date of issue, check [he box:
[] 6m~s [] 12mos [] 18mos [] 24mos [] Other No.o~mos I __
21 Available c~ns[ruc[Ion proceeds I $ N/A Unspent I $ N/A
22 If you elecled [a lermthate the election [o pay Ihe penalty In I~eu et ar'nib'age rebate.
(see InslrucUons): [] A [] B
Date et termthalion (MMDDYYYY)
23 Penalty In lieu of reda[a 23 SN/A
24 Penalty upc~ termlnaficn 24 $
25 Penalty [or failure to pay on Ume (altech statement) 25 $ 0
26 Interest on underpayment of penally In lieu et rebate or upon termination (see insZrucJJons) 26 $ N/A
27 To,al paymenL Add lines 16, 17, 19, 19, 23, 24, 25, and 26 Enter total here I 27 $
I~t,illl Elections by the Iseuer Check "Yes" or "No" for each question (see instructions)
I 19 15 N/A
A. Elections made under Ihe 1992 regulations. Did you elect to:
28 Apply the rules under secfion 148 to determine Jr the bond c~mplies with section 103(c)(5)(D) et the 1954 Code?~ 28
29 Teat the last day of Ihe bond year on avadable yield Issue as the oompu[aUon date? 29
30 Treal a ~'ar~lfloned variable yield Issue as a fixed yield issue? 30
31 Treat a varlable yield bead thai IS not a feeder bond as a fixed yield bond a~er It converted to a §xed rate? 31 '/
32 Continue Lr~a(Ing an issue as s wadable yield Issue srter all ~e bonds in th~ Issue converted to a fixed rate? 32
33 Recompute the yield on a IrarmllJoned fixed yield issue? 33
B, ElecUone mede under Ihs 1~93 regulations. Did you elect to:
34 Idenlify a hedge? 34
35 Use an actual facts analysis? 38
36 Exclude earnings on a reasonably required reserve or replac, emen[ fund from available c~ns[rucflon proceeds? 36
37 Treat the differenl purposes of a multipurpose Issue as separate Issues for purposes ~' the 2-year exception? :~7
38 Treat each loan o1' a pooled I]nandng Issue as a separate issue rot purposes of applying the spending exception?.__ 38
39 Apply certain provisions o~ section 1.148-11(b) befoee the effecth'e bate? 39 ~"
40 A~DIV cerla[h Provisions Of secUon 1.148-11A(11 before [he effecUve date?
Sign
Here
For Paperwork~Reductlon Act Notice, eeo the eeperete Instructions. Cat No ltS,15Y Fon'n 8038-T (Rev. 1-2002)
ORDINANCE
APPROPRIATING $89,748 IN INTEREST EARNINGS FROM THE
UNRESERVED FUND BALANCE OF THE NO. 4243
WASTEWATER 1999A ClP FUND TO PAY THE ARBITRAGE
REBATE TO THE INTERNAL REVENUE SERVICE; AMENDING
FY 2004 CAPITAL BUDGET ADOPTED BY ORDINANCE 025647
BY INCREASING APPROPRIATIONS BY $89,748; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That $89,748 is appropriated in interest earnings from the
Unreserved Fund Balance of the No. 4243 Wastewater 1999A CIP Fund to pay
the arbitrage rebate to the Internal Revenue Service.
SECTION 2. That the FY 2004 Capital Budget adopted by Ordinance 025647 is
amended by increasing appropriations by $89,748.
SECTION 3. That upon wdtten 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 necessar~ 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 ., 2004.
ATTEST
THE CITYOFCORPUSCHRISTI
Armando Chapa
City Secreta~
Approved: June 23, 2004
Lisa Aguilar ('.)
Assistant City-Attorney
for City Attorney
Samuel L. Neal, Jr.
Mayor
Corpus Christi, Texas
Day of
,2004
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: I/we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully,
Respectfully,
Samuel L. Neal, Jr., Mayor
City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garret[
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
14
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: June 29. 2004
AGENDA ITEM: Motion authorizing the City Manager or his designee to authorize
payment of invoices 061504-LH and 061604-LH for twelve months software maintenance
with Sungard HTE, Inc. of Lake Mary, Florida in an amount not to exceed $108,402.20.
Included in the maintenance agreement are the Sungard HTE modules for Utilities
Business Office, Central Cashiering, Accounts Receivable, Collections, Development
Services, and Housing and Community Development.
ISSUE: Software must be maintained to allow for upgrades and improvements and to
ensure that it stays compatible with other systems. Sungard HTE, Inc. provided a invoices
for annual maintenance from July 1, 2004 through June 30, 2005 of the City of Corpus
Chdsti's Sungard HTE application modules. Sungard HTE, Inc. is the sole provider of
Sungard HTE application software maintenance.
BACKGROUND: On March 26, 1996, City Council authorized the purchase of the Sungard
HTE Customer Information System from Sungard HTE, Inc. of Lake Mary, Florida. The
system was purchased to replace the old IBM mainframe system in the custom programs
written in house for utility billing, cashiering, and accounts receivable applications. The
purchase was part of the City's overall plan to replace outdated mainframe systems with
state of the art technology and to provide Y2K compliance. Today this system drives the
Customer Information System, providing not only the utility billing function for the City
Utilities Business Office, but also providing a system for Central Cashiering, Accounts
Receivable and Collections, Development Services, and Housing and Community
Development.
REQUIRED COUNCIL ACTION: City Council approval is required for all expenditures over
$25,000.
PREVIOUS COUNCIL ACTION: None.
FUNDING: The total cost of $108,402.20 will be funded from the MIS Department FY0304
budget.
CONCLUSION AND RECOMMENDATION: Staff recommends approval of motions as
presented.
(Department Head Signature)
Attachments: None
15
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: June 29, 2004
AGENDA ITEM:
A) Motion authorizing the City Manager or designee to execute a contract in the amount of
$384,085 with AVNET Enterprise Solutions of Austin, TX to provide and install an IP
Phone & Data System in the Arena and Convention Center. AVNET Enterprise
Solutions is a Catalog Information Systems Vendor (CISV) with the State of Texas.
B) Motion authorizing the City Manager or designcc, to purchase fiber optic cable,
connectors and associated equipment in the amount of $79,242.60 from Graybar
Electric Company Inc. of Corpus Chdsti, TX. This cable is needed for the IP Phone &
Data System in the Arena and Convention Center and will be installed by City forces.
Graybar Electric Company Inc has bccn awarded the electrical and
communications/data contract under U.S. Communities Program and this pdciog has
been made available to the City.
ISSUE: Council approved construction of the Arena and a phone & data system is
r, ccded for daily operations at this facility. In addition, the phone & data system at the
Convention Center was moved to an IP solution a number of years ago after failure of their
PBX system. This IP solution is very limited and it should be upgraded. To improve
operations, an integrated IP Phone & Data system, tied to the City's phone and data
systems, should be considered for these facilities and MIS contracted with Logicalis to
determine the most cost effective solution meeting these requirements.
BACKGROUND: The City has standardized on the Cisco AWID IP Phcx'~ solution and
has migrated 75% of the City's PBX system over to this solution. This has become a cost
effective replacement for the PBX phone systems.
REQUIRED COUNCIL ACTION: City Council approval is required for ail expenditures over
$25,000.
PREVIOUS COUNCIL ACTION: See Exhibits A and B
FUNDING:
Amount Budgeted:
Source of Funds:
463,327
Arena $257,240 in 550720-3275-00000-120830
$19,990.60 in 550910-3275-00000-120810
Convention Center $126,845 in 550720-3181-00000-120830
$59,252 in 550-910-3181-00000-110710
CONCLUSION AND RECOMMENDATION:
Staff recommends approval of the motion as presented.
Ogilvie F. Gedcke, P.E.,
Director of Information Systems
PRIOR ACTIONS
PRIOR COUNCIL ACTION:
The Arena and Convention Center projects have involved a number of complex actions.
Some of the significant actions by Council include:
June 29, 1999 - Ordinance increasing the Hotel-Motel Occupancy Tax Rate from 7% to 9%
(Ord. No. 023684).
February 8, 2000 - Motion awarding project management contract in the amount of
$486,000 to Gilbane Building Company for the Bayfront Convention Center Expansion and
Rehabilitation project (M2000-039).
November 14, 2000 - Ordinance canvassing retums and declaring the results of the
Special Election held on November 7, 2000, in the City of Corpus Chdsti for the adoption of
seven propositions; adoption and levying a sales and use tax pursuant to Section 4A of the
Development Corporation Act as approved by the voters in Propositions 4 and 5 (Ord. No.
024269).
January 23, 2001 - Ordinance appropriating and advancing $900,000 for the Arena project
(Ord. No. 024346).
January 30, 2001 - Ordinance appropriating $583,600 from anticipated revenues of the 2%
Hotel Occupancy Tax and transferring $583,600 to the No. 3180 Convention Center
Capital Improvement Fund (Ord. No. 024348).
January 30, 2001 - Motion awarding an architectural services contract to Thompson,
Ventulett, Stainback and Associates, Inc. For the multi-purpose arena and Bayfront
Convention Center Expansion and Rehabilitation projects providing that $1,383,600 is
currently authorized with the remaining balance of $3,093,250 being authorized only upon
appropriation of funds (M2001-034)
February 13, 2001 - Ordinance appropriating $900,000 fTom increased revenues generated
by the 1/8 cent sales tax increase for the Multi-Purpose Arena Facility.
February 13, 2001 - Ordinance rescinding Ordinance No. 024346 which appropriated
$900,000 from the Unreserved Fund Balance of the Hotel Motel Occupancy Tax Fund;
advancing $900,000 to and appropriating in the No. 3275 Arena Facility CIP Fund.
February 20, 2001 - Motion authorizing Amendment No. 2 with Gilbane Building Company
in the amount of $281,000 for construction management services dudng the design phase
of the Multipurpose Arena and Bayfront Convention Center Expansion and Rehabilitation
projects (M2001-080).
JuN 24, 2001 -Ordinance adopting the F'Y2001-2002 Budget and appropriating funds as
set forth (Ord. No. 024528).
Auqust 21,2001 - Council approval of the Corpus Chdsti Business and Job Development
Board resolution to issue a $5 million note for the land acquisition associated with the
Multipurpose Arena and authorization to issue the notes on (Res. No. 024551).
H:~IS-DIR~RAN S~age nd a items~O 10PriorAcfionsExhB.doc
EXHIBIT A I
Page 1 of 4
Auclust 28, 2001 -
· Authorization to submit a grant application for an Economic Development Initiative
Special Project in the amount of $498,900 for land acquisition to expand the Bayfront
Arts and Sciences Park (Res. No. 024563);
· Authorization to execute all documents necessary to accept and implement an
Economic Development Initiative Special Project for land acquisition to expand the
Bayfront Arts and Sciences Park (M2001-339);
· Appropriation of $498,900 subject to approval by the U. S. Housing and Urban
Development in the No. 1050 Federal State Grants Fund for the FY2001 Economic
Development Initiative Special Project for land acquisition to expand the Bayf'ront Arts
and Sciences Park (Ord. No. 024564);
· Authorization to execute an earnest money contract in the amount of $250,000 for
acquisition of Lots 1 - 12, Block 72, Beach Addition with TRT Development Company
for a purchase pdce of $3,319,084 (M2001-340).
September 11, 2001 - Motion authorizing the City Manager, or his designee, to execute a
geotechnical investigation and study in the amount of $39,880.00 with Fugro South, Inc.,
for the Multipurpose Arena and Convention Center Expansion/Rehabilitation project
(M2001-346).
October 30, 2001 - Ordinance appropriating $5,000,000 from loan proceeds into the Arena
Facility Fund No. 3275 for Multipurpose Arena land acquisition, amending Ordinance No.
024162 which adopted the FY2000-2001 Capital Budget by increasing appropriations by
$5,000,000; and declaring an emergency.
November 13, 2001 - Motion authorizing the City Manager, or his designee, to execute
Amendment No. I to the architectural services contract with Thompson, Ventulett,
Stainback & Associates, Inc., in an amount not to exceed $78,300 for wind tunnel studies
of the Corpus Christi Bayfront Convention Center and Multipurpose Arena (M2001-424).
September 9, 2002 -
a. Ordinance appropriating $425,000 from the Hotel Occupancy Tax Fund No. 1030 un-
appropriated fund balance (HB 1655 Convention Center Expansion/Renovation
proceeds); authorizing the transfer of $425,000 and appropriating $425,000 in the
Convention Center Expansion/Renovation Capital Fund No. 3180 and declaring an
emergency (Ord. # 025003)
b. Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 in
an amount not to exceed $736,465 to the architectural services contract with
Thompson, Ventulett, Stainback & Associates, Inc., for additional design and
construction phase services for the Corpus Chdsti Bayfront Convention Center and
Multipurpose Arena (M2002-292)
November 5, 2002 - Motion approving the recommended ranking of contractors for the
Multi-Purpose Arena and authorizing the City Manager or his designee, to enter
negotiations in accordance with the Local Government Code (M2002-364).
November 26, 2002 - Motion authorizing the City Manager, or his designee, to execute
Amendment No. 1 to the Construction Manager at Risk contract with Moorhouse-Beecroff,
Joint Venture, LLC establishing a Guaranteed Maximum Pdce of $25,000,000 for
construction of the Bayfront Convention Center Expansion / Rehabilitation project (M2002-
399).
December 17, 2002 -
a. Ordinance Appropriating $49,575,939 in the No. 3275 Arena 2002 CIP Fund from the
Proceeds of the Sales Tax Revenue Bonds, Series 2002, to Fund the Construction of
IEXHIBITA I
Page 2' of 4
H:~MIS-DIR~FRAN Stag e nda itemsV;OlOPdorAcl~onsExhB.doc
the Area; and Declaring an Emergency.
b. Motion authorizing the City Manager, or his designee, to execute a construction
contract with Fulton-Coastcon Corp., Joint Venture in an amount not to exceed
$34,232,798 for the Multi-Purpose Arena and an amount not to exceed $1,500,000 for
the Convention Center Expansion Mechanical System Improvements. ('rotal Contract =
$35,732,798) M2002-430.
January 14, 2003 - Motion authorizing the City Manager, or his designee, to execute
Amendment No. 4 with Gilbane Building Co. in the amount of $2,575,000 for project
management services (construction phase) for the Convention Center Expansion and
Rehabilitation ($1,287,500) and Multipurpose Arena Projects ($1,287,500) M2003-013.
January 21, 2003 - Motion authorizing the City Manager, or his designee, to execute an
engineering materials inspection and laboratory services agreement with Fugro South, Inc.
in an amount not to exceed $230,000 for the Bayfront Multi-Purpose Arena project (M2003-
032).
May 13, 2003 - Motion authorizing the City Manager, or his designee, to execute Change
Order No. 1 for the Multi-Purpose Arena in the amount of $572,309 with Fulton-Coastcon,
Joint Venture for changes in the structural, acoustical deck, glazing, electrical and other
systems (M2003-173).
July 8, 2003-
× Ordinance appropriating $30,485 in unappropriated interest earnings from the
Water Capital Improvement Fund No. 4081 (1994 Revenue Bond) for a 12-inch
water line and two fire hydrants for the multiple purpose arena; amending the
Capital Budget adopted by Ordinance No. 025144 to increase appropriations by
$30,485.
× Motion to authorize the City Manager, or his designee, to execute a Change Order
No. 2 for the Multi-Purpose Arena in the amount of $121,118.00 with Fulton
Coastcon, Joint Venture of Corpus Christi, Texas, for architectural revisions
including masonry, plumbing, water main, fire hydrants, electrical, mechanical,
structural steel, telecommunication, fire standpipes, fire protection, and solid plastic
toilet partitions.
Julv 22, 2003 - Motion to authorize the City Manager, or his designee, to execute a Change
Order No. 3 for the Multi-Purpose Arena in the amount of $595,000_00 with Fulton
Coastcon, Joint Venture of Corpus Christi, Texas, for suite build-out (M2003-260).
November 18, 2003 - Motion to authorize the City Manager, or his designee, to execute a
Change Order No. 5 for the Multi-Purpose Arena in the amount of $363,609.00 with Fulton
Coastcon, Joint Venture of Corpus Christi, Texas, for the ice rink chiller unit (M2003-414).
December 16, 2003 - Motion to authorize the City Manager, or his designee, to execute a
Change Order No. 6 for the Multi-Purpose Arena in the amount of $132,190.00 with Fulton
Coastcon, Joint Venture of Corpus Christi, Texas, for various mechanical modifications
(M2003-456).
February 24, 2004 - Motion to authorize the City Manager, or his designee, to execute a
Change Order No. 7 for the Multi-Purpose Arena in the amount of $81,589.00 with Fulton
Coastcon, Joint Venture of Corpus Christi, Texas, for vadous architectural, electrical, and
mechanical modifications (M2004-064).
March 30, 2004 - Motion to authorize the City Manager, or his designee, to execute
Change Order No. 8 for the Multi-Purpose Arena in the amount of $362,039.00 with Fulton
Coastcon, Joint Venture of Corpus Chdsti, Texas, for various architectural, electrical, and
mechanical modifications (M2004-122).
IEXHIBITA I
Page 3 of 4
H :~IIS-DIR~:RANS',agend a Iter~s~CO lOP riorAcfions Exh B.doc
Apd127, 2004 - Motion to authorize the City Manager, or his designee, to execute Change
Order No. 9 for the Multi-Purpose Arena in the amount of $865,793.00 with Fulton
Coastcon, Joint Venture of Corpus Christi, Texas, for Phase 3 Street and Parking Lot
Modifications (M2004-171).
PRIOR ADMINISTRATIVE ACTIONS:
July 31, 2000 - Award of Amendment No. 1 in the amount of $7,500 to Gilbane Building
Company for architectural selection assistance for the multi-purpose arena.
November 4, 2002 - Award of a contract in the amount of $8,800 to Shiner Moseley and
Associates for the development of the Convention Center Expansion and Multipurpose
Arena Traffic Control Plan.
November 12, 2002 - Award of a contract in the amount of $2,800 to MEI Govind for
survey services associated with partial closure of Shoreline Boulevard.
November 12, 2002 - Award of a contract in the amount of $10,500 to Laurence &
Associates for the Multi-Purpose Arena Pile Load Test.
October 31, 2003 - Award of Change Order No. 4 for the Multipurpose Arena in the
amount $21,459 to Fulton/Coastcon J.V., LLC for recessed light fixtures for aisle lighting at
the upper level vomitodes.
May 17, 2004 - Award of Laboratory and Materials Testing Contract in the amount of
$12,970 with Fugro for the Convention Center/Arena Phase 3 Street and Parking Lot
Modifications.
FUTURE COUNCIL ACTIONS;
Additional change orders may be necessary as construction progresses.
Council will be requested to award separate contracts for the Arena Seating Package and
Food Concession Equipment. SMG is developing several furnishings, fixture and
equipment packages that are not part of the construction contract. These include:
· Scoreboard;
· Signage; and
· Other FFE items.
H:~MIS-DIR~:RAN S~3gend a iterns~;OlOPriorAddonsExhB.doc
Page 4 of 4 ~
DEPARTMENT OF ENGINEERING SERVICES
CHANGE ORDER SUMMARY SHEET
JUNE 8, 2004
PROJECT: CONVENTION CENTER EXPANSION AND REHABILITATION
Project No. 4198
APPROVED: COUNCIL MOTION No, 2002-283
APPROVED 8/27/02
CONTRACTOR:
Moorhouse B Beecroft, Joint Venture, LLC
5826 Bear Lane
Corpus Christi, TX 78405
TOTAL CONTRACT AMOUNT .....................
25% Limit Amount .........................................
24,614,045.00
6,153,511.25
Change Order No. I (04/19/03) .....................
Change Order No. 2 (04/03/03) ....................
Change Order No. 3 (07/19/03) ....................
Change Order No. 4 (10/21/03) ....................
Change Order No. 5 (10/25/03) ....................
Change Order No. 6 (12/03/03) .....................
Change Order Ne. 7 (12/16/03) ....................
Change Order No. 8 (02J24/03) ....................
Total ...............................................................
22,738.00
22,035.00
126,892.00
142,059.00
17,331.00
20,816.00
872,818.00
665,411.00
1,890,100.00
= 7.68% < 25%
Exhibit B [
Page 1 of 4
CHANGE ORDER No. 8
Department of Engineering Services
City of Corpus Chdsti, Texas
CHANGE ORDER NO: 8
FUNDING SOURCE: 5809'10-318'1-00000-110710
Operating Department: Department of Enclineedna Services
Name of Project: Convention Center Expansion/Renovation #4198
ContractoE Moorhouse/Beecroft Joint Venture, LLC
DATE: February 9, 2004
CON'TRACT TIME: 670 C.D.
CHANGE AS FOLLOWS:
Provide each of the following revisions (Items "a" through "m") as identified on the attached Pages 2 of 3
through 3 of 3 in accordance with the requirements outlined in the Contract Documents.
Total Add - Lump Sum: $665,411.00
Why were these changes necessary? (If left off the plans and specifications, explain why)
Items b, h. and k include work associated with improvinq the existincl Convention Center as reauired to meet code,
correct existincl problems, and/or address and coordinate existinq conditions. Items a, c. d. e, f, Cl, i, i, I, and m
include work as re(~uired to modify or complete the current desiqn documents.
How can similar changes be avoided in the futura? Man,/of these items could have been included in the odqinal
scope of work if additional inforrnation would have been available at that time.
A. CONTRACT PRICE .......................................... $
B. TOTAL CHANGE ORDERS (inc. current) ........... .$
C. NEW CONTRACT PRICE ................................... $
D. THIS CHANGE ORDER ....................................... $
E. PERCENT TOTAL CHANGE (B/A) .......................
F. PREVIOUS ADDN~- TIME AUTHORIZED ............
G. ADDN'L CONTRACT TIME THIS CHANGE ORDER
H. TOTAL ADDITIONAL TIME ................................
24,614,045.00
1,890,100.00
26,504,145.00
665,411.00
7.68%
0 CD
0CD
0 CD
Project Engineer
Cl'rY OF CORPUS CHRISTI, TEXAS
By:
CityEngineer
APPROVED:
CONTRACTOR
By:
Title:
Operating Dept.
Diractor of Management & Budget
Legal Department
Exhibit B
Page 2 of 4
CHANGE ORDER No. 8
CONVENTION CENTER EXPANSION
Department of Engineering Services
City of Corpus Chdsti, Texas
a.) PCOICR No. 30 - Replace the stainless steel flashings at the through wall conditions and at the box
truss and provide the specified bituminous peel and sl~c~ flashing (Grace Perm-a-bamer). All revised
work shall be provided in accordance with the Moorhouse/Beecroft Change Proposal No. 32 dated
October 16, 2003.
Deduct = ($22,722.00)
b.)
PCO/CR No. 58 - Revise the floor slab in the Selena Auditorium Restroom Area as required to
provide a structural floodng system. All additional work shall be performed in accordance with the
Proposal Request No. C-PR-028 issued by TVS/Gignac & Associates dated October 29, 2003.
Moorhouse/Beecroff Change Proposal No. 47 dated January 14, 2004.
Add = $25,550.00
c.)
PCOICR No. 75 - Provide structural steel framing to support the metal panel system below the new
glazed aluminum curtain wall at the Auditorium Lobby. All additional work shall be provided in
accordance with the Proposal Request No. 20 issued by TVS/Gignac dated October 6, 2003. Also
refer to the Moorhouse/Beecrofl Change Proposal No. 99 dated December 17, 2003.
Add = $22,122.00
d.)
PCOICR No. 90 - Provide acoustically treated mechanical transfer ducts and make the ceiling
revisions at Level 1. All additional work shall be per[ormed in accordance with the Proposal
Request No C-PR-027 issued by TVS/Gignac dated November 3, 2003. Moorhouse/Beecroft
Change Proposal No. 103 dated December 18, 2003.
Add = $50,105.00
e.)
PCOICR No. 95 - Provide an additional IDF Box in the Mechanical Equipment Room as required to
allow for longer cable run distances. All additional work shall be performed in accordance with the
response to the Request for Information No. C-259 dated October 24, 2003. Moorhouse/Beecroff
Change Proposal No. 89 dated No¥~mber 18, 2003.
Add = $2,487.00
PCOICR No. 97 - Provide the additional beams spanning between the cantilevered box truss
bottom chords for supporting the Arena Terrace/Balcony. All additional work shall be performed in
accordance with the Proposal Request No. 31 issued by TVS/Gignac dated December 1, 2003.
Also refer to the Moorhouse/Beecroff Change Proposal No. 107 dated January 14, 2004.
Add = $7,733.00
g.)
PCOICR No. '105 - Delete the manual return air dampers located at RTAHU 5, 6, 7, 8, 9, 10 & 11.
The revised scope of work shall be performed in accordance with the response to the Request for
Information No. C-289 dated November 10, 2003. Moorhouse/Beecroft Change Proposal No. 108
dated December 5, 2003.
Deduct = ($1,956.00)
Exhibit B
Page 3 of 4
CHANGE ORDER No. 8
CONVENTION CENTER EXPANSION
Department of Engineering Services
Cityof Corpus Chdsti, Texas
h.)
i.)
j.)
k.)
m.)
PCO/CR No. 106 - Provide all additional work associated with fumishing and installing the new
steel guardrails at the Loading Dock. All additional work shall be performed in accordance with the
response to the Request for Information No. C-211 dated September 10, 2003.
Moorhouse/Beecro[t Change Proposal No. 73 dated January 8, 2004.
Add = $6,015.00
PCO/CR No. 107 - Provide all additional work associated with trimming the cruciform columns
allowing the columns to sit properly over a round vs. rectangular concrete pedestal. All additional
work shall be performed in accordance with the response to the Request for Information No. 156
dated June 18, 2003. Moorhouse/Beecroft Change Proposal No. 110 dated December 15, 2003.
Add = $973.OO
PCOICR No. 111 - Provide additional tapered insulation for proper drainage at the Ballroom Roof.
The revised roof design shall be constructed in accordance with the response to the Request for
Information No. C-329. Moorhouse/Beecroff Change Proposal No. 117 dated January 23, 2004.
Add = $28,161.00
PCOICR No. "112 - Remove and replace the existing roof on the Selena Auditorium. All additional
work shall be performed in accordance with the scope of work as identified in the letter from
Haeber Roofing Company dated February 3, 2004. Also refer to the Moorhouse/Beecroff Change
Proposal No. 119 dated February 5, 2004.
Add = $529,079.00
PCO/CR No. 1'14 - Provide an upgraded Fire Walter Character and monitor as required to replace
the originally specified unit that is now discontinued. All revised equipment shall be provided in
accordance with the response to the Request for Information No. 311 dated December 15, 2003.
Moorhouse/Beecroft Change Proposal No. 127 dated January 26, 2004.
Add = $4,744.00
PCO/CR No. 115 - Provide water and anti-graffiti sealer at the extedor limestone. The sealer
product shall be Blok-Guard & Graffiti Control as manufactured by Prosoco. All additional work
shall be provided in accordance with the Moorhouse/Beecroft Change Proposal No. 128 dated
January 30, 2004.
Add = $13,120.00
Exhibit B
Page 4 of 4
16
CITY COUNCIL
AGENDA MI~MORANDUM
City Council Hearing Date: June 29, 2004
AGENDA ITEM:
(a) Public hearing on request for a variance to operate an establishment with on-premise
consumption of alcoholic beverages.
(b) Resolution granting a variance, under Section 4-5(F) of the Code of Ordinances, to Mirma
Elodia Pietsch and Gilberto Gonzalez, Jr., to operate an on-premises alcoholic beverage
establishment located at 5702 South Staples Stxeet, Suite #E6.
ISSUE: The applicants are requesting a variance for an on-premise liquor license for Santiago's
Caf6 located within 300 feet of a day-care center. The applicants are the new owners of
Santiago's Caf6. The previous owners had an on-premise liquor license. State law requires no
such establishment be located within 300 feet of a day-care center unless City Council has
approved a variance to the distance requirement.
PREVIOUS COUNCIL ACTION: On December 16, 2003, the City Council approved an
amendment to Section 4-5 of the Code of Ordinances establishing a variance procedure for
operators of establishments requesting a license to dispense or sell alcoholic beverages for on-
premise consumption which are located within 300 feet of a church, child-care facility, day-care
center, public hospital or public or private school.
REQUESTED COUNCIL ACTION: Approval of Resolution
FUNDING: None.
RECOMMENDATION.' Approval of the Variance
~MicSfiael 1~. Gunning, AICP
--Assistant Dh-ector, Development Services
Department
H:~P LN- D IR~ERM A\WORD\TAI~ C~TABC 2004~ 2AGEN DAM EM O, DOC
Agenda Memorandum
Case No. TABC2004-02 (Santiago's Card)
Page 2
BACKGROUND INFORMATION
On April 28, 2004, the Development Services Department received a request for a Texas
Alcoholic Beverage CorrLmission (TABC) license review and approval for Santiago's Caf6 at
5702 South Staples Street, Suite E6, to allow on-premise consumption of alcoholic beverages.
On April 28, 2004, the license was denied because the bar was within 300 feet of a day-care
center. On April 30, 2004, Mr. Christopher E. McJunkin submitled a request to the City
Secretary's Office for a City Council variance on behalf of the new owners of the restaurant, Ms.
Mirrna Elodia Pietsch and Mr. Gi]berto Gonzales, Jr. A variance would allow the existing
restaurant to obtain a liquor license for on-premise consumption of alcoholic beverages.
Santiago's Caf6 has been operating since April 2003, under previous ownership, with a license
for on-premise consumption of alcoholic beverages. The new owners are required to obtain their
own license. In December 2003, a child care center, Discovery Days Child Development Center,
opened at 5702 South Stap]es Street Suite D4, approximately 120 feet from the restaurant.
City Variance Procedure
State law prohibits bars, tavems and night clubs from locating within 300 feet of churches, day-
care centers, hospitals and schools unless the City Council grants a variance to the distance
requirements.
According to the amended ordinance City Code of Ordinances, in order for Council to grant a
variance, a public notice must be published in the newspaper ten (10) days before the hearing
date and notices mailed to all property owners, churches, day-care centers, child-care facilities,
public or private schools and public hospitals within 300 feet from subject property. The
ordinance also states that" The City Council may, upon application, allow a variance to the
regulation if the Council determines that enforcement of the regulation in a particular instance is
not in the best interest of the public, constitutes waste or inefficient use of land or resources,
creates an undue hardship on an applicant for a license or permit, does not serve its intended
purpose, is not effective or necessary, or for any other reason, after consideration of the health,
safety, welfare of the public and the equities of the situation, delermines it is in the best inlerest
of the community."
Police Incident Report and Pendinl! Licensee Backl~round
There have been a total of 43 calls for police service at 5702 S. Staples Street for a six-month
period between December 15, 2003 and June 15, 2004. The vast majority of the calls for service
were for permit checks for other properties in the shopping center.
H :~PLN -D1R~ERaMA~WORD\TABC~TABC20044)2 AGENDAM EM O.DOC
Agenda Memorandum
Case No. TABC2004-02 (San~.iago's Caf6)
Page 3
Land Use and Zoninll Issues
The subject business, Santiago's Caf6, is located at 5702 South Staples Street, Suite E6, which is
within the Copperfield Shopping Center. The shopping center is located on the southeast comer
of Holly Road and South Staples Street. South Staples Street is a 5-lane arterial with a lfigh
volume of traffic. The shopping center contains various commercial establishments ranging
from retail establishments to offices to restaurants. Within the shopping center, there is a n/ght
club, Whiskey River, and a child care center, Discovery Days Child Development Center.
Whiskey River is adjacent to the south of Santiago's Caf6 and obtained a TABC license in
February 2004. Discovery Days Child Development Center is located approximately 120 feet
north of Santiago's Caf& Copperfield Shopping Center is zoned an "I-2' Light Industrial
District that permits any commercial and office use along with some light manufacturing and
outside storage. The nearest residential uses to the shopping center is the Walnut Ridge
Apartments located across South Staples Street_ South and east of the shopping center, the area
is developed with commercial uses.
Findings and Recommendation
Santiago's Caf6 is in the Copperfield Shopping Center that fronts on Holly Road and South
Slaples Street, both streets designated as arterials. Within the Copperfield Shopping Center,
there is an exisling night club, Whiskey River, within 300 feet of the existing day care center,
Discovery Days Child Development Center. Allowing a restaurant to serve alcoholic beverages
along with food items will have minimal impact on the day care center_ The majority of the sales
of alcoholic beverages will occttr in the late afternoons and evenings when the day care center is
closed or about to close.
StaffRecommendation: Approval of the Variance.
Attachments: Location and Notice Map
Letter fi.om Mr. Christopher E. McJunkin
City Permit Denial
Resolution
H 5P LN-D IR~ERM A\WORD\TAB C~TAB C20044)2AGEN DAM EM O.DOC
A-2
City o[ Corpu~ Christi, Texas
Department of Development Services
CASE NO.TABC 2004-02
Notice Map
N
0 150 300
~ Feet
05~7/04 SRR
LAW
Apn'130, 20O4 '
City of Corpus Christi C~
City Ha.ll ] ~ Floor
1201 Leopard
Corpus Christi, Tx_ 78401
Fax: 880-3113
R~: Santiago's Caf~
§7~2 $. Smtde~, Suite E-6
Corpus Christi, Texas 784[3
Dear CiP7 SeeremO' Arma~do Chaps:
My cliea1~ Mirma Lqodia Pietsch and GUbexto Gonz~g, Jr, have a~lied fe~ a
permi~ to allow thom to sell becr and winr. for on-she ccesump6on ia the
r~ercnccd r~u~ut. On or abo~t April 28, 2004, the City of Corpus ~
I~vclopmcm Services de.~led thdt application b~.a,~? ~hc re~uram is with;. 128
ora Day Care Cerner, specifically, Discovery Days Child Dev~lopm~mt Ccnt~,
Both Discover/ Days Child Development f~ntet, h~ ~d
1o~ ~ ~c ~e ~ e~ Cop~dd ~ ~t~.
S~o's C~ for ~e ~ 2 % y~ ~d ~ to ~e ~ Fe~
~a Pi~ h~ ~ed f~ ~ o~ of Co~eld
~dy ~ ~ 12 ~. ~ ~ k is a long
~5-24-2004· ~2:[gp~ Fror~.-CITYOF ~CIT¥ 5EE~E~A~YS OFFICE
We n~,tfully roqucst a Vadance ptu~n to Section 4-5 (f.g,h) of t~: Code of
Ordino,,ce~ tt~at prop~ notice be made. ~ t~e reque~ for a Vm'ian~ be presented 1o
the Cily CouacO ia accordance wilh la~, and t~a a Vadancc be grained.
l~llm.~ iai'oma us of expeaed costs for ptlbN~-~ing aad mailing ~otices ~o tl~-~t ~ ~my
reJm'om~e these co~.
If anyfl~ing furor is needed, pl~as~ o.~i,~c/my
T'aank you.
C.Mc.llmldn
CITY OF CORPUS CHRISTI-DEVELOPMENT SERVICES
1201 Leopard -P.O. Box 9277
Corpus Christi, Texas 78469
Tele(361) 826-3282 Fax (361) 826-3006
Name of Business: SANTIAGO'S CAFE
Location of Business 5702 S. STAPLES SUITE E-6
Zoning of Business I-2
Statement of Officer
I,_Romeo Bazan , attest that 1 performed the measurement of the distance between the place of
business where alcoholic beverages are sold and the nearest church, public hospital, public or
private school.
[] Approved [~Disapproved
1, Romeo Bazan, affirm that the proposed permittee's or licensee's place of business is located in a
zone where alcoholic beverages are permitted to be sold.
[~/'Approved
[] Disapproved
Is a new Certificate of Occupancy required for this location. ~es [~No
Apr 28 04 03: 54P Woody Sanderfer Agency 361+8826024 P.O]
APPLICATION FOR RE J ,ILER S PERMIT OR LICENSE
ICATION FILED FOR;
[] B$ WINE AND BEER RETAILER'S PE Rk~l, ~ Registry No
[] ~T LO~AL C~RTAGE 'rI~AN~FER PERMIT [~ RM MIXED BEVER.~GE RESTAURANT PERMIT'C~TH Fa
B. Application is for: [] Original [~ Renewal [] Renewal Change [] Change of
C. I1 renewal or change, enter I~ense/permit no(s)
D. If applying Ior subordinate only, enter primary license/permit no.
aA. Applicant is: B. Indicale primary business at Ulls location:
[] Indrvidual [] 01-Restauranl [] OBJ"-~roceryAMarkel
[] Partnership [] 02 B~r [] Ot~_iqu~r SIo~'e
[] LimaEed Padnership [] O~Sexually O~mnled [] OB-Gas Slation
[] C(~peralion [] OS-M~scellaneous [] ll~onvenience S[~re w~h Gem
[] Lirnited Liabihly C~mpany [~ 12-Conven~nce Store wthout Gas
[] O~.her_ _ r~
C. Do~s eppl~r.~nt require employees lo atlend an agency approved seller Irainlng course? ............. 2 C. [] Ye~ [] No
D Is ~ive mus~: tealured two of mere times per week? D. [] Yes [] No
Disabil~[iesAdo~1990? E. []Yes nNo
E. Do~s Ihe appl~nl own [h~ land and buildin~ al Ihe proposed I~:ensed Iocalion? ......... F. [] YES [] No
bevecages, indicate dale s~n was posle~ G. N/A
Santiago's Cafe
City Ceun/y Slate ZiP Code (g
Corpus Christi Nueces TX 78413 - 3784
5. Mailing Address City Stale ZIP Code (g Digits)
P O Box 271032 Corpus Chriati TX 78427 - 1032
6. AreaCnde*BusinesBPh°r~N°' IAreaCcde+Aaerr'atePh°neN° IAPp~icanrs -MallAdd~ess(°Pti°r~l)( 361 )( 361 ) 779 - 2503 N/A
NIA I /
Rcs,~enllal Address City I State L ZiP Code (9 Digit)
A RESOLUTION
GRANTING A VARIANCE, UNDER SECTION 4-5(F) OF THE CODE OF
ORDINANCES, TO MIRRNA ELODIA PIETSCH AND GILBERTO
GONZALEZ, JR., TO OPERATE AN ON-PREMISE ALCOHOLIC
BEVERAGE ESTABLISHMENT LOCATED AT 5702 SOUTH STAPLES
STREET, SUITE #E6.
WHEREAS, Mirrna Elodia Pietsch and Gilberto Gonzalez, Jr., in partnership ("Pietsch &
Gonzalez"), desire to develop a restaurant on property located at 5702 South Staples
Street, Suite #E6, which is situated within the corporate limits of the City of Corpus
Chdsti ("City");
WHEREAS, Pietsch & Gonzalez desire to allow on-premise sales of alcoholic bever-
ages at the location;
WHEREAS, the location of Pietsch & Gonzalez's proposed business is within 300 feet
of a day-care center;
WHEREAS, as allowed under Section 109.33(a)(1) of the Texas Alcohol and Beverage
Code ("TAB Code"), the City enacted Section 4-5(a) of the City's Code of Ordinances
("Code") to prohibit any person from maintaining a business for the dispensing and sale
for on-premises consumption of alcoholic beverages within the corporate limits of the
City within 300 feet of any-day care center;
WHEREAS, Section 109.33(e) of the TAB Code and Section 4-5(f) of the Code allow
the City Council ("Council"), upon application of a business regulated by Section 4-5 of
the Code, to grant a vadance to the alcohol regulations contained within the section if
the Council determines that enforcement of the regulation in a particular instance is not
in the best interest of the public, constitutes waste or inefficient use of land or other
resources, creates an undue hardship on an applicant for a license or permit, does not
serve its intended purpose, is not effective or necessary, or for any other roason, and,
after consideration of the health, safety, and welfare of the public and the equities of the
situation, determines it is in the best interest of the community;
WHEREAS, Pietsch & Gonzalez have formally applied to the City for a vadance under
Section 4-5(f);
WHEREAS, there are presently bNo establishments within close proximity to Pietsch &
Gonzalez's proposed location that provide on-premise sales of alcoholic beverages;
WHEREAS, Pietsch & Gonzalez believe and state that enforcement of the regulation, in
this particular instance, is not in the best interest of the public;
WHEREAS, Pietsch & Gonzalez believe and state that enforcement of the regulation, in
this particular instance, constitutes waste and inefficient use of the land and other re-
sources;
WHEREAS, Pietsch & Gonzalez believe and state that enforcement of the regulation, in
this particular instance, creates an undue hardship on the applicants for a license or
permit;
WHEREAS, Pietsch & Gonzalez believe and state that enforcement of the regulation, in
this particular instance, does not serve its intended purpose;
WHEREAS, Pietsch & Gonzalez believe and state that enforcement of the regulation, in
this particular instance, is not effective or necessary; and,
VVHEREAS, Pietsch & Gonzalez request that the Council grant the variance.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. The City Council has determined that enforcement of Section 4-5(a) of the
Code of Ordinances, in this particular instance, is not in the best interest of the public
and, after consideration of the health, safety, and welfare of the public, grants the vari-
ance in the best interest of the community.
SECTION 2. The City Council has determined that enforcement of Section 4-5(a) of the
Code of Ordinances, in this particular instance, constitutes waste and inefficient use of
the land and other resources and, after consideration of the health, safety, and welfare
of the public, grants the variance in the best interest of the community.
SECTION 3. The City Council has determined that enforcement of Section 4-5(a) of the
Cede o1: Ordinances, in this particular instance, creates an undue hardship on the appli-
cants for a license or permit and, after consideration of the health, safety, and welfare of
the public, grants the variance in the best interest of the community.
SECTION 4. The City Council has determined that enforcement of Section 4-5(a) of
the Code of Ordinances, in this particular instance, does not serve its intended purpose
and, after consideration of the health, safety, and welfare of the public, grants the vari-
ance in the best interest of the community.
SECTION 5. The City Council has determined that enforcement of Section 4-5(a) of
the Code of Ordinances, in this particular instance, is not effective or necessary and,
after consideration of the health, safety, and welfare of the public, grants the vadance in
the best interest of the community.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
'~a b~, Hundle~~
Assis~t Ci~ A~omey ~
for the Ci~ A~orney
,2004
Corpus Chdsti, Texas
day of
,2004
The above resolution was passed by the following vote:
Samuel L. Neal, Jr_
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
H:~LEG-DIR~elizabeth~3ep{ F~es'~H Resolutlons~EHres143.doc
17
CITY COUNCIL
AGENDA MEMORANDUM
June 29,2004
AGENDAITEM:
PublicHearingonthePropos~ FY2004-050~ratingBudget.
ISSUE:
Section 102.006 of the Texas Local Government Code reads as follows:
The governing body of a municipality shall hold a public hearing on the proposed
budget. Any taxpayer of the municipality may attend and may participate in the
heartng.
REQUIRED COUNCIL ACTION:
Conduct the public hearing.
& Budget
18
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM: 4~ of July - Big Bang Celebration Presentation by Mayor's Planning
Committee
STAFF PRESENTER(S):
Name
1, Diana Zertuche Gar-za
Title/Position
Assistant to the Mayor
Department
Mayor's Office
OUTSIDE PRESENTER(S):
Name Title/Position Orqanization
1. Sharon Emerson
2. Yvonne Sanchez
3. Pat Eldridge
4. Vicky Lewis
Co-Chair- Mayor's Planning Committee
Fireworks - HEB Public Affairs Representative
Biergarten - Junior League
Stars & Stripes Parade - Buccaneer Commission
ISSUE: 4"~ of July - Big Bang Celebration Information and Schedule of Events
BACKGROUND: EVENT DESCRIPTION:
The City of Corpus Chdsti, since 1977, has proudly celebrated the Independence Day
Holiday with a variety of patriotic events. The Mayor's Office provides coordination for the
vadous public (not for profit) events that are scheduled in the downtown/Shoreline area
including the patriotic parade, veteran's ceremony and the annual fireworks
presentation.
The "Big Bang Celebration" is a community effort with the basic/logistic support provided by
the City of Corpus Christi for traffic control, street closures, park maintenance and staging,
coordination of general publicity, trash pick up and safety of the marina.
For the last several years, Whataburger has donated 400 T-Shirts for the organizers,
volunteers and City Staff that participate at this event.
REQUIRED COUNCIL ACTION:
None Required
Department
Additional Background - Schedule of Events and Sponsors Attached
~ON
EI/ENT~
RoadRunners
Sports,
Park before
~ ~. .'.' : '{..~ ~ onstrat Falcon Fly by
· . :.~,::.: .".ii!.. ~ the PUbUc)
-~ '"'"Y '" ?' ' '" '. ~n OF PARADE
"~.~i ~3~6.00 p.m.
,/ , ,,~e Park
8:30-9:30 p.m.
Cole Park
the Aquarium
/k guests, call 881-1200)
Various Bands - Junior League
(Free
Band
(Free to the Public)
DAY
12:00-11:00
Memorial
will be located on the north side of the
Sponsored by the Junior League
19
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM: Corpus Christi Convention and Visitors' Bureau, Quarterly Presentation
STAFF PRESENTER(S):
Name
George K. Noe
Title/Position
City Manager
Department
City Manager
OUTSIDE PRESENTER(S):
Name
Tom Galyon
TlflelPosltion On;lanlzafion
President and CEO, Corpus Christi
Convention and Visitors' Bureau
ISSUE: Quarterly Presentation
BACKGROUND: None
REQUIRED COUNCIL ACTION: None
George{'
City Manager
CONVENTION ,..VISITORS BUREAU
',,~ _-~.~
. , . " '.' ! · · ' ~"~II --' '" ~,. ....... ;.;' !": ' ' "~
'"""'""'"""":'"'"'""': .... ' .... i I "" i'~" '
~ ,~,~i~,,~!~.::.~!
... · ~, ,... , . : . . . ..~ '.'~ ....
...... · .~ .~:. ...... I , . ..... · ~.
· ~~'~"~'. .~ . .,, .1 .:::.',,, .~ ' . ..... . ~ '. ·
........ ~,~:~ .... ~., ~ t .: ..... :.:~ -.' .
~ ......... .,...<:."~ {:..~;,l''- , - . ..... -. '- ., .
· "~ ........ ..' t .
.. ,~ '~.~.
CVB Mission Statement
The mission of the Corpus Christi Convention and Visitors'
Bureau is to positively impact the area's economy by
marketing the area as a travel destination.
2004-2005 Marketing Plan
· Established Austin office with full time sales person for
state/government markets.
· Established full time Sports Sales Position
· Develop "Be A Tourist In Home Town" promotion.
· Continue to enhance website & packages.
· Refocus leisure/conventions ads to Texas and certain
surrounding state markets,
· Develop & conduct hospitality training for all front line
employees - partner with Corpus Christi Hotel Motel
Condominium Association.
2004-2005 Marketing Plan predicted on requested $2.4 million
annual operating budget.
Funding Objective:
To establish a long term stable funding contract for the CVB that
allows for proper marketing/sales programming based on
measurable goals.
Comparative Analysis of Corpus Christi with Other
Competitive Texas Cities
Corpus Christi is seeing increased competition over last two years
from:
Hiltons of America's in Houston - 1,200 rooms with 91,000
sq. ft. of meeting space adjacent to convention center
Hilton of Austin - 800 rooms with 60,000 sq. ft. of meeting
space adjacent to convention center
Gaylord Texan in Grapevine - 1,511 rooms with 400,000 sq.
ft. of meeting/exhibition space
Galveston Island Convention Center- new beachfront center
with 43,000 sq. ft. of exhibit space adjacent to the San Luis
Spa, Resort and Conference Center with 345 rooms and
40,000 sq. ft. of meeting space
Ft Worth - just complete $75 million renovation/expansion of
the convention center
New Schlitterbahn water parks in South Padre and Galveston
Comparative Analysis Cont'd
Out of 7 Texas competitive cities, Corpus Christi ranks 6th in it's overall
budget and would rank last when Columbus fleet
Fort Worth
Irving
Arlington
South Padre
Galveston
Payment is taken out of the CVB's operating budget
$4.5 million*($8.9 million total bed tax collected)
$4.4 mllllon*($10.8 million total bed tax
collected)
$2.8 million*($4 million total bed tax
collected)
$2.6 million*($4.2 million total bed tax
collected)
$2.4 million
Corpus Christi$2.3 million *(Includes $245,000 yearly
payment for Columbus fleet -
adjusted budget would be
$2,050,000) ($6.1 million total bed
tax collected.)
El Paso $2.1 million
* Based on 7% bed tax in each city.
Comparative Analysis Cont'd
· *Funding based on available rooms in selected cities for CVB
sales/marketing/administrative activities shows Corpus Christi in
last place.
Texas City
Rooms
Total Budget Expenditures/Room
Fort Worth
Irving
Arlington
South Padre
Galveston
El Paso
Corpus Christi
10,650 $4.5 million $423
11,025 $4.3 million $390
6,500 $2.8 million $431
4,100 $2.6 million $634
4,670 $2.4 million $514
7,460 $2.1 million $281
8,575 $2.3 million (minus $268 ($239)
out $245,000 for
Columbus ships
that equals $2.05
million)
Comparative Analysis Cont'd
Other Cities
Hartford, CT
Des Moines, IA
Lexington, KY
San Jose, CA
Rooms
7,450
6,200
7,300
8,600
Total Budget
$2.4 million
$2.4 million
$3.2 million
$6.1 million
Expe nd itu res/Room
$322
$387
$438
$709
Comparative Analysis Cont'd
5. Occupancy Numbers per Year*
CC MSA** CC CITY
199452.6% 55.0%
199552.6% 54.8%
199652.4% 54.8%
199751.4% 53.4%
199851.6% 54.0%
199952.0% 53.5%
200052.7% 53.7%
200151.2% 52.9%
200252.8% 54.8%
200352.1% 53.3%
* Information from 2004 Source Strategies, Inc., San Antonio, Texas
and based on transient and non-taxed room revenue from
Texas State Comptroller
** CC MSA Includes: Aransas Pass, Bishop, Corpus Christi, Ingleside,
Mathis, Odem, Port Aransas, Portland, Robstown and Sinton
20
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM:
CITY STAFF PRESENTER(S):
Name
1. Ronald F. Massey
Update on Bayfront Master Plan
Title
Assistant City Manager
DATE: June 23, 2004
Deparb.ent
Public Works/Utilities
OUTSIDE PRESENTER(S):
Name
1. Raymond Gignac
2. Kevin Gordon
Organization
Gignac and Associates
TVS and Associates
ISSUE: City staff is providing a detailed update to Council.
BACKGROUND: The City Council was briefed on Apdl 13, 2004 by the design team.
There were four options which were included in the presentation. Since that time, the
design team has developed Option ~4 in more detail, including cost estimates for the
implementation of that option. The Council is being presented the information at this time
prior to input being sought from citizens and various boards and commissions. The
Bayfront Plan will be scheduled for a decision by the Council in July.
REQUIRED COUNCIL ACTION: None.
Additional Background
Exhibits
Ronald F. Massey
Assistant City Manager "'-J
21
CITY COUNCH AGENDA
MEMORANDUM - PRESENTATION
June 29, 2004
AGENDA ITEM:
Waste Services.
Presentation by Solid Waste Services Staff for an update of Solid
CITY STAFF PRESENTER(S):
1
2.
3.
Jeffrey D. Kaplan, Director, Streets & Solid Waste Services
Lawrence Mikolajczyk, Assistant Director Solid Waste Services
John Sen&jar, Superintendent of Admin~h al.lon, Solid Waste Services
ISSUE: Identify status of current services and discuss distribution plans for completion of
the ~,,tomated garbage scrvice~ pror~,m~ review recycling operations, review brush
collections and special collection programs including depast~ental initiatives and future
evaluations.
BACKGROUND:
* January 1999, Solid Waste Services initiated an Automated Garbage Collection Pilot
Program to 3400 households in the conananity.
* March, 2001 Council ~aoved the purchase of 13 automated collection vehicles to be
used, conmv~ncing in FY 01-02.
* July 10, 2001 Council ,hup~oved the pm-chase of 75,000 aatomated collection carts to
be purchased over a three year period_
* September 7, 2001 new vehicles began arriving and the first batch of carts arrived the
week of September 3, 2001.
* Phase I of the Automated Garbage Collection Service began November 2001.
* Phase II of the Automated Garbage Collection Service began September 8, 2003
* January 2003 to present, Solid Waste Services has reviewed the recycling prord,atL
* January 2003 to present, Solid Waste Services has reviewed the brush collection
opens.
J 1
D/t'ector, Streets & Solid Waste Services
Solid Waste Services Update
City Council Presentation
June 29th, 2004
Phase II!- Automation
August 2004
· 21K remaining customers will receive carts
· No changes to routes or schedules
Routes will continue to be serviced by rear-load
equipment
Implementation of Phase III standardizes the collection
system for the City
Implementation Schedule
SOL]I) WAgTE SERVICE
COLLECTION AUT O1WATION
~Pol~r~
Cou~ R~ $4
L
Phase 1
P~ase
MOFI.
F~Tu~
Community Campaign
· Mail-out to remaining 21K customers
advising them of new "Big Green Cart"
· Informational brochures/tags delivered
to all affected areas
· Aug 9th Kick-off, Press release and
Media announcements
Final Phase of
Automation Program
· Approximately 75K Accounts (Residential and COmmercial)
· 18 Total automated routes daily
· 8 Total rear-load service routes daily
· 24 automated vehicles (6 added in Phase III)
Hydraulic "tippers" have been retrofitted on rear Ibad fleet
55 positions have been eliminated
6 day schedule implemented
All yard waste will be co-mingled with residential Waste
FY04-05 Evaluation
· Volume Management
- Rules
- Quantify
- Enhance
- Recycle Opportunity
· Container Management
- Size
-Cf of Containers/Customers
Recycling Operations
· Recycling Statistics
- Participation Rate is approximately 21.2%
- Diversion Rate is approximately 9.43%
· Recycling Considerations
- Commingled?.
- New Equipment?
-Investment?
Recycling Options Presented
Last Year
· Existing Program- Every two Weeks
· Reduced Program- Once a Month
· Pilot Program- Once a week
· Drop-off Centers only
New Recycling Pilot
· Morningside Preservation Society
· 204 Residential Homes
· 6 Months project; COG Funded
· Incentives for increased volume
Morningside Pilot Recycling
Area
Melrose
Sante Fe
Texan Trail
Morningside Evaluation
· Participation- # of Homes
· Volume- Total weight of bin with qualifying
products
· Compliance- Amount of waste not recyclable
Brush Division Status
Brush Collection Fleet
- 9 Brush Loaders (4 are over 7 years old)
- 2 Self Loaders
24 Brush Trucks (11 are over 10 years old)
· All Brush crews operate on a 10 hour day, 6 day
work schedule
· Operation Dynamics
- Growth in volume
- Greater use of services
- Increase tonnage, mileage, fuel, etc.
TOnnage His
.ooo_ tory
:3 ~'000 ~
36;000 ~
~4000/
aaOoo/
a~Ooo/
~000~
4800_
4000_
/
,/
Special Pick-up Revenue
$250,000~
$200,O00-~
$~so,ooo~
$~oo,ooo~
sso,ooo~-
FYO0-01
FY01-02
FY02-03
· Special Debris Pickup
FY04-05 Brush Evaluation
Fleet Management
· Shared Equipment Opportunities
· Shared Manpower Opportunities
Questions & Comments?
22
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM: Utility Re-Engineering Update
CITY STAFF PRESENTER(S):
Name
1. Ronald F. Massey
2. Eduardo Gara~a
3. Johnny Perales
OUTSIDE PRESENTER(S)
1. Nancy Lerner
Title
Assistant City Manager
Director
Assistant Director
Managing Partner
DATE: June 23, 2004
DeptJDiv
Public Works/Util.
Water Department
Wastewater Department
EMA, Inc.
ISSUE: City staff is providing an update to Council.
BACKGROUND: Update and progress of re-engineering program in Water, Wastewater,
Gas, and Storm Water Departments.
Assistant City Manager
Utility Re-Engineering, [:l)(late
Ih'~.'l)ar~.'d I'.r Iil~,, ('ol'l)u~ ('hri.,li ('il', ('.until
,JllJl~.' -~(). 21)11-1
X~'here We X~'e]'e ,.-\l ]..asl I,.'l)(l~ll'e
Now "Live" \Vith
\\"ater Production (.\pril
\VH si C\v;.I lei- 'I'I'C;A [ll'lCllt
(Augusl 2002)
-.-(J~lS. SIO1'111 XVzllel'.
Colleclion, Waler I')islribution
(()ember 2003)
I)]'o~,res,~ i]! imsI 0 ~lonlhs -
Call (_'011101-live with .~]:\XIM(.)
(,lunc Z()(.)4)
I)rcl'x.u'in~ K')r August-?-live" in:
Utilities
l)isp:~icher crc, sx-u'air~in~.
'1 ~,~l,,tn,_ customer calls and
response times in MAX1MO
Continuously improving work
illallagClllellt Stl alc~lcS alld
practices
2
I,t~c(~]'cI 3,(t(J(I ('l,l,~t()rrler (.':lll~ ill
251if)
lIHIII
~llli
t'lililies _-\n',ll)'zill~ ~'orh I)elll~uld.~
Io Ich, lllir¥ ~l¥ili~s ()l)l)orlullilies
.l:lH-II-,L thr:l
3
\Y,'l.sles~'al'cr Incrcasin~ ('nl)l'urt' of
l,abor Ilours Acluallv ~'orked
I'l'u;lllllt'lll .~: I Jl'l Nlaliull~
~ ;l%lt",'~ a It'l' ( '.lk'cli. II
%%':lsle~$':iler Tre:tl men l ,.\chie¥ino
lis 'l'urgel % o1' l)lanned \\'ork
,lAX --.
Reported l ll~
Target '"
l~' h.m r'~cd \\'ork
Unlalanned repairs
4
q$/ q(,~ 97/ t}N.; tit)' O(I/ ((I/ ((2/
t)(~ 97 t)8 99 ()(( O1 02 03
XVatev I)roduclion Re:ti Personnel
~o
(.'().sis I)o'~v, 3_ ¼, from 1997
1,600,000
1,200,000
800,000
400,000
0
111[,,,
IIIIIIII
95/96 96/97 97~98 98~99 99100 00101 01/02 02/03
· Personnel (Salaries, OT, Temp Svcs)
· Adjusted for Inflation - 2003 Dollars
~V,'ller l'roduclion Bud~,eled i:rl'l;]s
~o 38
10 --
0
37
-- 33
99-OO 00-01 0t-02
02-03 03-04 04-05
B~ B~ B~
Ia ON Stevens (31010) · Pumping Plants (31500) I
,Xl:lximo Used to I)ctermine B'aseline
Planned Work 26,2o, I--h siYear
Unplanned Work (+).10.586 Hrs/Year
FTE Prod_uctivitv
{:~ 1,500 Hrs/FTE
Work Coordinator
(+) 1 FTE
.Staff Level (Filled Po~itian~)
6
~¥;l~le~';ller Piafll and i.il'l Sl~lliol]
('olHroll:llde (.)~,~i (.'osl~ 3,1 190S I.eYels
I.:lbE~l' Ih~'l ,~.¢ h(.'llli(.'~ll% '-'
~N :~I ( ~il)il:fl I'ul-ch:l~e~ NLII)l)lk'~ ,~ Ner~ ice~
$(~ 31
S2 '~1
Re:il ])ers()llltel ('o~ls fol' ~Y:lqex¥:lle]'
'l'l'e~llll]e~ll I)la~t~ ~ l.il'l ~l,']liol~
I)(m ~ 16')/,) I'rom I:~l' 04-05
'~2.~l)O.IlOll
~],llllll.llllll
~, I.~1.10,111111
'~1
~)-I- ()5- 90- ()7-
95 ()() 07 ()~
()~- ~)~)- I)1)- Ill- ll2-
(J') I10 I) I 02 I)3
--.\L'ILI;LI I)c']'~l)lillc'l ('l)~l~ (',illill'il",. ()'], IL'IllI)
..Y(I.iu~lcd l~)l' inl]~lliou (')1)l),1 N)
'%V:lsle%%':ller I)l:llll and l~il'l St'alion
l~tld~ett'¢l I:TEs I)(m'n 28"/,, ~ince
1999-2000
Nexl Slops
the l,~eengincering i)t'oRram
Jul\.'- Load Parl<s and ('it',
Building.-; into MAXI MO
Au,gust - Go live xx'ith ncxv
dcpartments
- Street.' ' ' s trod Sohd" ' Waste'" · · Services
l.'acility Maintenance
- Park and Rcc]'cation
8
Queslions
23
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: June 29. 2004
AGENDA ITEM:
a. Motion authorizing the City Manager or his designee to execute a supplement to the
H.T.E. Inc. Software License and Services Agreement between SunGard HTE Inc.,
Lake Mary, Florida, and City of Corpus Chdsti, Texas in the amount of $84,911 for
software license fees, installation and configuration, and Interactive Voice Response
(IVR) interfaces, for Intemet bill payment, account information, permitting, and other
business services___ for utility billing, building permits, code enfo,-cement and business
licenses. Funds for these projects are available through the adopted FY 2003-04
Operating Budget in the Water, Wastewatar, Gas, and Streets and Solid Waste
Servi _,?~_ departments for the utility billing application; through user technology fees
and through the adopted FY 2003-04 Operating Budget in the Development
Services depa, b,~ for the building permit application; and through the Proposed
FY 2004-05 Operating Budget in the E-Govemment Services department. Annual
support and maintenance costs beginning in FY 2005--06 will be $14,165.
b. Motion authorizing the City Manager or his designee to execute a professional
services agreement with Selectron Technologies, Inc., of Portland, Oregon in the
amount of $117,800 for Interactive Voice Response Systems for bill payment,
business services, information and faxing through telephone systems for utility
billing and building permits; and informational IVRs for City departments. Funds for
these projects are available through the adopted FY 2003-04 Operating Budget in
the Water, Wastewater, Gas, and Solid Waste Services departments for the utility
billing application; through user technology fees and through the adopted FY 2003-
04 Operating Budget in the Development Services department for the building
permit application; through the adopted FY 2003-04 Operating Budget in the Utility
Business Office; and through the Proposed FY 2004-05 Operating Budget in the E-
Government Services department. Annual support and maintenance costs
beginning in FY 2005-06 will be $11,820.
c. Motion authorizing the City Manager or his designee to execute a professional
se~ices agreement with Hamer Entarpdses, Easy Access Division, of Mc, Allen,
Texas, in the amount of a four percent user transaction fee for an Intemet Based
Payment System for recreation program registrations and other City business
processes_ Funds are available for this project through a user e-registration fee in
the Proposed FY 2004-05 Budget.
ct. Motion authorizing the City Manager or his designee to execute a professional
services contract with Quadrant Product~ms, of Corpus Christi, Texas, in an amount
not to exceed $40,000 for e-media production services, including video streaming,
progressive downloads, VR panoramas, e-media server administration, and web
cam installation and administration. Funds are available for this project through the
adopted FY 2003-04 Operating Budget in the E-Government Services department
and in the Proposed FY 2004-05 Operating Budget in the E-Government Services
department.
ISSUE: A goal for the City of Corpus Christi has been to improve and expand the
business services provided to citizens through its e-government services. As web-based
and telephone business transactions have expanded, a number of companies have
established successful and competitively priced services_ Within this market, and with
systems in place such as HTE in the Utility Business Office and Development Services, the
City has an opportunibj to expand and add new online applications within budgeted funding
and at significant long term cost savings. Options are available now that can provide Park
and Recreation with full online registrations, along with a program that staff can use to
develop databases and reports, with funding through user transaction fees. By building our
systems for online payments and information, we also can easily add other applications
such as code enforcement and business licensing, as well as add telephone IVR options
for citizens not using the web. Online opportuniUes can enhance our customer sen/ice
efforts for facility rentals, including the use of e-.media preducUon, such as video streaming
and VR panoramas.
REQUIRED COUNCIL ACTION: Pa__~-~9_ge of the motions to execute p[o;essional service
agreements and contracts for Internet online and telephone business services.
PREVIOUS COUNCIL ACTION:
In February 2002, City Council approved a contract with Texas Local Interactive, Inc. to
establish, operate, and maintain a web site and portal access through local, wide area and
global computer networks to provide electronic ac~,~ss to information and the ability to
perform electronictransactJons. In April 2001, City Council approved a supply agreement
with Quadrant Productions for production and e-media services. In 1997, City Council
approved the purchase of the HTE Customer InfonTtation System, which replaced the IBM
mainframe.
FUNDING: Funding is available through user transac~on fees, the FY 2003-04 Budget and
Proposed FY 2004-05 Budget.
CONCLUSION AND RECOfllMENDATION: Approval of the motions as presented.
Susan Cable
Director, E-Government Services
BACKGROUNDINFORMATION
E-Government Services is proposing new and expanded Intemet online and phone IVR bill
presentment, account information, and other business services for utility billing, building
permits/inspeclJons, code enforcement, business licenses, recreation registrations, other
small dollar, Iow volume payment processes for various departTnents, and video slmaming,
virtual tours, web cams and other e-media services.
These expanded and new applications were presented to and approved by the IT Steering
Committee.
Currently, utility customers can access their account balance, and pay online through
Inteme~ with a credit card. The new systems have built-in database interfaces and will
allow customers to make payments by credit card, e~onic check or recurring bank
draft. Customers will be able to access account info, status, balance, last bill sent and bast
payment received, consumption information, including graphs for past three years, billing
history with bill date, due date, balance forward, current charges, and total billed. In
addition, customers can access service summaries for status, start/stop dates, 12-rnonth
average charge, graphs for last 12 billings, and billing statements with detailed readings
and charges.
The phone IVR will allow customers, by phone, to make payments by credit card, secure
access of currant account status, hear previous billing and payment information for 12
month-period, request payment or billing history and a _~_~__unt status via fax and will have a
Spanish option. Both the online and phone systems will ~ to customer requests and
improved service, as well as offioad many customer calls.
The usage of the online utility bill application has steadily been increasing, going from 141
transactions when we launched in October 2002, to 1,421 in May 2004. Over $1.7 million
has been collected through online utility bill payments. Transactions should increase with
the expanded customer services available through the new systems.
Our online payment contract has bccn with TLI. In February 2004, NIC (the parent
company) closed TLI and assumed our contract_ E-Government Services completed an
RFI and proposal process for professional services, and NIC did not respond to the RFI.
SunGard HTE submitted a proposal that involved a supplemental agreement to the
existing agreement the City has with them, which would eliminate the need to fund
development of interfaces to our existing systems, thus providing an excellent opportunity
to upgrade and add services at lower long-term costs. The new applications for utilities
(through SunGard HTE and Selectron) involve ene-tJme license and
installation/configuration fees. We are receiving a discount as we are purchasing other
licenses (e.g. building permits).
All of the proposed projects will expand and enhance the services we provide to citizens,
and increase our operational efficiencies, both with costs and staff time (Attachment A).
Access CRy,Gov I
::~.'cL;,".~,.C;'.
Current Status
Online
* Utitlty bill paymem~
* Ba~kettmll mgl~retlon
* ~urve~
* Video ~a~am~ng
* Community ca,emir
* AJrfln4 I1igh~ arrivals &
Opportunities
Customer Preferences
~qe~hod La~ Prel'e~d
~ ruxlt~
Tdelmm~o~ 42~o
web ~ ~ 24%
WEB , , IVR
Customer C,~l! C~nt~r
The Plan
Utility Billing - O~lilne
....... ~ The Plan
~ ~ Building IrmpecUons -
$~*
The Plan
Cm~ 8~lce Code Enflx=~t &
The Plan
Ut]liLy Billing
Cun~ sm~d~ BultdJng ~sp, ect~:ms.
The Plan
4
~*~;i,,-,..,.,,~,,,, k.,1
The Plan
Rec~atlo~ Regl~o'atJon -
The Plan
E-Modll
The Plan
+ F~dltty R~
Ottmr Pro,ets
Funding
Tmr~actJon Fees
Questions?
24
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: June 29, 2004
AGENDA ITEM: Motion authorizing the City Manager to enter into an agreement with Standard Insurance
Company for group term life insurance and accidental death and dismemberment insurance for City employees
actively employed as of August 1, 2004.
ISSUE: The City's agreement with Lafayette Insurance for term life and A,D.&D. insurance expires on
July 31, 2004. A new agreement with an insurance company is needed to provide life insurance benefits
to City employees.
REQUIRED COUNCIL ACTION: Passage of a motion authorizing the City Manager to enter into an
agreement with Standard Insurance Company to provide term life and A.D.&D. insurance.
PREVIOUS COUNCIL ACTION: The City contracted with Lafayette Insurance Company for life,
A.D.&D. and dependent life insurance plans.
CONCLUSION AND RECOMMENDATION: Based on the evaluation of the request for proposals and
Standard Insurance's submission, it is recommended that the City enter into an agreement with
Standard Insurance based on pricing and best value.
Attachments:
Contract for services
Evaluation Summary
Table of Prices for all proposals
Esthnate of Annual Cost Summary
Cynthia C. Garcia
Director of Human Resources
H:XHealth Benefits~Adria~Life Insurance KFP~lnsurance RFP Council Agenda Memo.doc
BACKGROUND INFORMATION
The City of Corpus Christi provides basic life and accidental death and dismemberment insurance
as an employment benefit for City employees. The amounts of the basic coverage are 5;10,000 for
employees in the exempt and nonexempt pay plans, 5;50,000 for the executive pay plan and
grandfathered employees who were moved from the managerial pay-plan to exempt pay plans
upon adoption of the compensation a classification plan on July 16, 2002, and one-time the
employees salary for members of the police and fire bargaining units.
The City also gives employees the option to purchase supplemental and optional coverage for
themselves and their dependents.
On July 31, 2004, the City's contract with Lafayette Insurance Company ends. On May 15, 2004
the City issued a request for proposals for life insurance, accidental death and dismemberment
insurance, and dependent life plans. The City received fifteen (15) proposals. The following
Companies were eliminated for failure to respond as required to the RFP:
1. Lafayette
2. Metlife
3. Hartford
4. Sun Life
5. Conseco
6. Allstate
All other proposals (see attached evaluation totals) were evaluated based on the criteria in the
RFP and weighted as shown in the attachment.
As a result of the evaluation process, Standard Insurance Company was determined to be the
Best Value alternative for the City. Additionally, it was the lowest cost proposal. Standard's
cost per 5;1,000 benefit for the Basic Life Insurance and AD&D is 5;0.12 per month. Based on
census figures provided in the RFP, the cost to the City for these two coverages would be
$91,640.51 annually. Under the current contract with Lafayette Insurance Company, the
annual cost is approximately 5;121,439.24. Annual savings to the City for Basic coverage is
expected to be approximately $29,798.73. Should the City become fully staffed, the cost for
Basic Life Insurance and AD&D would be approximately $96,781.31 per year.
With regards to the discretionary coverages, Supplemental Life Insurance is priced at $0.129
per $1,000 benefit per month under the proposed contract for a total annual cost of 5;99,638.57
based on current census. Under the current contract that cost is $0.11 per $1,000 benefit
(approximately 5;84,963.12 per year). Optional Life is priced based on age banding. The
proposed average cost per $1,000 benefit provided by Standard is $0.239 per month for an
annual cost of 5;369,380. I0 per year (current census). This is the same cost as under the
current contract.
H:~H~alth Ben~fitsbkdria~Life Ir~urance RFPklnsurance [t. Fp Council Agenda Memo.doc
Spousal coverage is also priced based on age banding. The average cost per $1,000 benefit
is $0.233 per month under both the current and the proposed contracts. The annual cost to
employees for this benefit is $85,484.70.
Optional Life coverage for children under the current contract at $1.00 per $5,000 benefit per
month is estimated to be $19,608.00 per year. Under the proposed contract the cost is $0.10
per $1,000 benefit for a total annual expense to participating employees of $9,804.00
(current census).
Total annual discretionary coverage expense under the current contract is approximately
$559,435.92. Under the proposed contract this amount is expected to be approximately
$564,307.37.
AGREEMENT TO PROVIDE GROUP TERM LIFE AND
ACCIDENTAL DEATH AND DISMEMBERMENT INSURANCE
TO THE CITY OF CORPUS CHRISTI
This agreement to provide term life and accidental death and dismemberment insurance
to the City of Corpus Christi ("Agreement") is made by Standard Insurance Company
("Standard") and the City of Corpus Chdsti ("City"). For the consideration specified in
this Agreement, the Parties agree as follows:
1. EXECUTION OF AGREEMENT.
Execution of this Agreement shall not result in a binding agreement until it has
been authorized by the Corpus Chdsti City Council and signed by the City
Manager.
2. COVERED EMPLOYEES.
Standard shall provide group life and accidental death and dismemberment
insurance to all City employees who are actively employed by the City as of
August 1, 2004.
Actively Employed means any employee engaged in work for at least 25 hours
per week at either his/her regular place of employment or at some other place,
within the United States, that has been approved by the City of Corpus Chdsti in
accordance with City policies. For the purposes of this Agreement and the
corresponding Policy of Insurance, a person who is on leave (FMLA, disability, or
other temporary leave) in accordance with City policy is also considered "actively
employed" for the duration of the leave.
New employees will be covered on the date that they become actively employed.
New employees will also be eligible to purchase supplemental and optional
coverage in accordance with the Policy issued by Standard, or Standard's
response to the City's Request for Proposal.
The failure by the City to request a "waiver of premium" for any employee will not
effect an employee's entitlement to insurance under the Insurance Policy issued
by Standard.
Standard will also provide the same amounts of group term life insurance to a
grandfathered group of eight retired City employees as these grandfathered
employees received under the prior plan held by Lafayette Life Insurance
Company. The eight listed retirees are those provided in response to questions
during the RFP process.
TERM OF AGREEMENT.
This Agreement shall be for a pdmary term of three (3) years, beginning on
August 1,2004, and continuing through July 31, 2007. With the further
agreement of Standard, the City shall have the option of extending the primary
term for additional one-year terms. The City may exercise this option by
providing Standard with written notice at least sixty (60) days pdor to the end of
the pdmary or extended term of the Agreement. To decline to extend the primary
or extended term of the Agreement, Standard shall provide the City with wdtten
notice at least one hundred twenty (120) days pdor to the expiration of the
primary or extended term.
AGREEMENT TERMS DURING EXTENDED TERM.
During any extended term of the Agreement, the terms of the Agreement shall
remain materially the same as the Agreement applicable during the primary term.
PERFORMANCE OBLIGATIONS OF STANDARD.
Standard shall provide group term life and accidental death and dismemberment
insurance benefits as required by, and set for in, the Request for Proposal,
Purchasing File Number. BI-0103-04, which is incorporated by reference as a
part of this Agreement.
Standard shall provide the group term life and accidental dismemberment
insurance benefits as specified in its proposal, which is incorporated by reference
as part of this Agreement.
If there is any conflict between the benefits or provisions provided under the
Standard's plan and those described in the Request for Proposal, then Standard
shall provide the City employee with the benefit or provision that is most
advantageous to the employee. Benefits and provisions will be governed by the
Standard's Policy, provided that the Policy meets the requirements and
specifications o[ the City's RFP, B1-0103-O4 in matching or exceeding the
benefits set out in the Proposal.
Standard shall provide assistance and staffing during the City's open enrollment
pedod.
CLASSES OF COVERAGE.
Standard shall provide classes of benefits as set forth in the Ci~s Request for
Proposal: BI-01-0103-04.
CERTIFICATES.
Standard shall provide the City with a certificate of Group Term Life and
Accidental Death and Dismemberment Insurance for each covered employee.
This certificate shall state the specific benefits provided to the employee and this
Agreement.
PREMIUM PAYMENTS.
In exchange for the group term life and accidental death and dismemberment
insurance benefits provided by Standard to the City during the pdmary term, the
City agrees to pay Standard premiums for each class specified in Exhibit I to
this Agreement.
Premium decreases or increases, applicable to the classes and to be paid during
the fourth and fifth years of this Agreement shall be negotiated based on
changes to the consumer price index and the City's experience over the term of
the Agreement.
CHANGES IN COVERAGE DUE TO COLLECTIVE BARGAINING,
Group term life insurance and accidental death and dismemberment insurance
benerrts for police officers and firefighters are subject to change due to the
collective bargaining process. The City shall require that in the event that group
term life insurance and accidental death and dismemberment insurance benefits
change as a result of collective bargaining, Standard shall provide such
insurance benefits at the same rate outlined in this Agreement.
10. TERMINATION.
The City may terminate the Agreement immediately for cause by wdtten notice to
Standard. The City may terminate the Agreement, with or without cause, upon
thirty (30) days pdor wdtten notice to Standard. Standard may terminate the
Agreement, with or without cause, upon one hundred twenty (120) days wdtten
notice to the City.
11. EQUAL OPPORTUNITY
Standard agrees to comply win any applicable provisions of Chapter 24 of the
Corpus Chdsti Code of Ordinances. Applicable sections of this Chapter concern
discrimination in employment and discrimination against persons with disabilities.
A copy of the Chapter is attached to this Agreement as Exhibit2.
12. INSURANCE
For the duration of this Agreement Standard and its agents agree to pumhase
and maintain in effect, at ils own expense and with insurers acceptable to the
City's Risk Manager, the following insurance coverage:
Commercial General Liability with a minimum combined single limit of
coverage of $500.000.00; and,
(b)
Errors and Omissions (Professional Liability)insurance with a minimum
combined single limit coverage of $1,000,000.00. Such insurance shall
cover Standard's officers, directors, employees, and agents. If self-
insured, Standard will provide a letter certifying self-insured status and
stating the amount of funds available; and,
Worker's compensation insurance covedng all of the insurance carrier's
officer, employees, or agents who, at any time, perform work relating to
this Agreement in City offices.
Standard shall fumish to the Risk Manager two (2) copies of Certificates of
Insurance. All insurance shall be maintained with insurers that are licensed to
issues such policies in Texas. At a minimum, a ten (10) day notice of change or
cancellation shall be required.
Standard shall provide workers' compensation coverage through a licensed
insurance company or through seE-insurance obtained in accordance with Texas
law. Il= such coverage is obtained through a licensed company, the Agreement
for coverage shall be written on a policy and endorsements, which have been
approved by the Texas Department of Insurance.
13. INDEMNIFICATION
STANDARD AGREES TO INDEMNIFY THE CITY AND HOLD THE CITY
HARMLESS AGAINST ANY AND ALL LOSSES, DAMAGES, AND EXPENSES
(INCLUDING REASONABLE A'I-rORNEY'S FEES AND COURT COSTS)
RESULTING FROM OR ARISING OUT OF DISHONEST, FRAUDULENT~ OR
CRIMINAL ACTS OF, OR THE NEGLIGENCE OF, ITS EMPLOYEES OR
AGENTS, ACTING ALONE OR IN COLLUSION WITH OTHERS. THE
COMPANY MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL THOSE
CLAIMS AND DEMANDS, AFl'END TO THEIR SE3-1'LEMENT OR OTHER
DISPOSITION, DEFEND ALL ACTION BASDED THERON WITH COUNSEL
SATISFACTORY TO THE CITY AND PAY ALL CHARGES OF A'I-I'ORNEYS
AND ALL OTHER COST AND EXPENSES OF ANY KIND ARISING FROM
ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, OR
ACTIONS.
14. GOVERNING LAW, CONSTRUCTION, AND AUTHORITY
To the extent that state law applies to this Agreement it will be construed,
enforced and administered according to the laws of the State of Texas. Venue
for any legal action will be to the appropriate Court in the State of Texas.
Standard agrees that in the event o[ a dispute, this Agreement, the Request for
Proposal B1-0103-04, as well as the issued Policy, are all pertinent evidence to
be considered dudng the resolution, irrespective of the forum, of the dispute.
Standard and the City each represent that the person signing on its behalf has
the power and authority to enter into this Agreement.
15. NOTICES.
For the purposes of wdtten notification, all written notices to the Cily or to
Standard shall be addressed as follows
Quentin Masters
City of Corpus Chdsti
P.O. Box 9277
Corpus Christi, Texas 78469-9277
Standa~:
Royce Weaver
7915 FM 1960 West, Suite 200
Houston, Texas 77070
16
SEVERABILITY.
In the event that any one or more of the provisions of this Agreement shall, for
any reason, by held invalid, illegal, or unenforceable in any respect, such
invalidity, illegality, or unenforceablility shall not affect any other provision of this
Agreement.
17. HEADINGS.
The headings used in this Agreement are for convenience only and are not to be
construed as pad of this Agreement.
18. MODIFICATIONS.
No modification or amendment of this Agreement shall be binding unless it is in
the form of a wdtten document referring to this Agreement and signed by
authorized representatives of the City and Standard.
19.
APPROPRIATIONS.
The City shall not be obligated to perform under this Agreement if the City
Council declines to appropriate funds sufficient to pay the Company. Similarly, in
that event Standard shall have no obligation to continue performance under this
Agreement.
AGREED TO BY:
City o[ Corpus Christi
By:
George K. Noe
Standard Life Insurance Company
City Manager
Date:
Title:
Date:
Attest:
By:
Armando Chapa, City Secretary
Approved.~a~ this ~,~ay of June 2004
Sr. Assistant City Attorney
Life Insurance RFP (B1-0103-04) Evaluation
Totals
Proposer
Weighting:
Aetna
Blue Cross Blue Shield
Comgan & Associates
Fort Dearborn Life Insurance Co.
lNG Employee Benefits
Jefferson Pilot Financial
Prudential Group Life & Disability
Standard Insurance Co.
Unitedhealth Group
Benefits & Financial
Plan Design Adherence to RFP Stability
20% 20% 5%
17.3 18 5
14.9 15.75 5
17.3 16 5
14.9- 15.75 5
18.4 19 5
18 18 5
19.8 16 5
18.1 17.75 5
17,4 16.5 5
Customer Value-Added
Service Services Prtclng Total Rank
10% 5% 40% 100%
10 5 ~ 34.74 90.04 3
5 1.5 27.69 69.84 8
10 5 34.74 88.04 4
5 1,5 27.69
7 3 I 33.87
9 3 ~ 26.75
9 5 37.22
10 5 I 40.00
5 3 27.87
69.84 8
86.27 5
79.75 6
92.02 2
95.85 1
74.77 7
1 6/24/2004 2:34 PM
Life insurance RFP (BP0103-04) Evaluation
Table of Prices for All Proposals
Proposer
Basic Life
Basic AD&D Total Basic
Aetna $ 0.122
Allstate (via Escobedo) $ 0.275
Blue Cross Blue Shield $ 0.115
Consece (via Escobedo) Wa
Comgan & Associates $ 0.122
Fort Dearborn Life Insurance Co. $ 0.115
$ 0.0300 $ 0.1520
$ 0.0500 $ 0.3250
$ 0.0300 $ 0.1450
$ 0.2950
$ 0.0300 $ 0.1520
Home Office Services - Lafayette Life Ins. $ 0.305
lNG Employee Benefits $ 0.129 $
Jefferson Pilot Financial $ 0.~i~0 $
Metropolitan Life $ 0.187 $
Patty Bolen Hartford I$ 0.140 $
Prudential Group Life & Disability ~ 0.105 $
§tandard Insurance Co. I $$ 0.090 $
Sun Life Financials 0.180 $
Unitedhealth Group
$ 0.0300$ 0.1450
$ 0.0400 $ 0.3450
0.0300 $ 0.1590
0.0300 $ 0.1600
0.0400 $ 0.2270
0.0300 $ 0.1700
0.0300 $ 0.1350
0.0300 $ 0.1200
0.0280 $ 0.2080
0.0300 $ 0.1590
Per $1,000 benefit
I 6/24/2004 2:34 PM
LIFE INSURANCE RFP
ESTIMATE OF ANNUAL COST
SUMMARY
Current Aetna BCBS
Corflnan & Fqrt
~s~9~. D~rbqm
City Sponsored Benefits
Basic Term Lll'e 98,440.99 93,099.23 87,757.47 93,099.23
Retiree Li[e 105.00 105.00 86.25 105.00
Basic AD&D 22,893.25 22,893.25 22,893.25 22,893.25
Total Co~t to CIty $ 121,43924 $116,097.43 $110,736.97 $116,097.48
IN(~ pilot; Prudential Standard Unltedhealtb
87,757.47 98,440.99 99,204.10 80,126.38 68,679.76 98,440.99
86.25 96.75 97.50 105.00 67.50
22,893.25 22,893.25 22,893.25 22,893.25 22,893.25 22,893.25
$110,736.97 $121,430.99 $12.2,194.85 $ 103,124.64 $ 91,640.51 $ 121,334.24
Voluntary Employee Paid Bene~lt~
Supplemental Life $ 64,963.12 $ 99,63~.57 $190,419.24 $ 99,638.57 $190,419.24 $ 99,638.57 $206,545.64 $ 99,638.57 $ 99,638.57 $ 113,541.62
Optional Life $ 369,380.10 5369,380.10 $437,224.92 $369,360.10 $437,224.92 $369,380.10 $370,371.00 $ 369,350.10 $ 369,3~0.10 $ 4~9,530.50
Spouse Life $ 55,484.70 $ 85,484.70 $100,719.30 $ 65,464.70 $100,719.30 $ 85,484.70 $ 65,590.00 $ 65,484.70 $ 65,4~4.70 $ 97,098.60
Child Life $ 19,606.00 $ 22,941.36 $ 22,941.36 $ 22,941.36 $ 22,941.36 $ 98,040.00 $ 37,200.00 $ 22.,941.36 $ 9,504.00 $ 11,764.80
Total $ 680,875.16 $693,542.21 $862,041.79 $693~542.21 $862,041.79 $773,974.36 $823,901.69 $ 680,569.37 $ 655,947.88 $ 763,269.76
*All calculations based on current census.
6/24/2004 3:01 PM
25
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: June 29, 2004
AGENDA ITEM:
Motion authorizing the City Manager or his designee to enter into a contract with Collier, Johnson &
Woods to perform the financial and compliance audit requirements for fiscal year 2004, for an
amount not to exceed $130,000. The term of the contract shall be for one year, with an option to
extend for up to four additional one-year periods.
ISSUE:
The City Charter, A~-ticle II Section 27, requires an annual audit as follows:
~The Council shall provide for an independent annual audit for all City accounts and may
provide for such more frequent audits as it deems necessary.'
REQUIRED COUNCIL ACTION:
Approval of the motion to award the contract is requffed.
FUNDING:
Audit costs have been budgeted for Accounting Division in fiscal year 2004-2005 budget.
CONCLUSION AND RECOMMENDATION:
Staff recommends that the City Council award a contract to Collier, Johnson & Woods to perform
the £mancial and compliance audit requirements for fiscal year 2004.
Attachments: Background information
Contract
Director of Financial Services
BACKGROUND INFORMATION
Collier, Johnson & Woods has performed the City's external audit for the past nine years. As is
standard practice, the City published notification of audit solicitation in the Corpus Christi Caller-
Times on May 8, 2004 and mailed audit solicitation notices to local and out-of-town accounting
fn-ms. On May 14, 2004, the Request for Proposal for Professional Auditing Services was released
to a list of accounting firms. The City received only one proposal - from Collier, Johnmn & Woods.
Collier, Johnson & Woods has performed excellent work for the C~ty in thc past and is very familiar
with the City's operations_ Therefore, it was decided to accept the proposal fxom Collier, Johnson &
Woods for a one-year contract, with any extensions on the contract to be negotiated at the time of the
extension.
THE STATE OF TEXAS
COUNTY OF NUECES
PROFESSIONAL AUDITING SERVICES
This Professional Auditing Services Agreement ("Agreement") is entered into by and between the
City of Corpus Christi, a mtmicipal corporation ("City"), and Collier, Johnson & Woods,
("Consultant") effective for all purposes upon execution by the City Manager or City Manager's
designee.
WglEREAS, the City desires to have its financial statements audited for the fiscal year ended July
31,2004.
NOW, THEREFORE, Consultant and City agree as follows:
I. SERVICES TO BE PERFORMED.
The Consultant agrees to provide professional auditing services to audit City's financial statements
for the fiscal year ending July 31, 2004. At the request of the City, Consultant may perform annual
auditing of the financial statements for up to four additional one-year periods_ These audits are to be
performed in accordance with auditing standards generally accepted in the United States of America.
the standards applicable to financial audits contained in Government Auditing Standards 'ks.qued by
the Comptroller General of the United States, the provisions of the federal Single Audit Act of 1984
(as amended in 2003) and U_S_ Office of Management and Budget (OMB) Circular A-133,Audits of
States, Local Governments. and Non-Profit Organizations.
II. SCOPE OF SERVICES.
Consultant shall perform the professional auditing services in accordance with the Request for
Proposals (RFP) dated May 14, 2004, attached as Exhibit "A," Consultant's proposal dated June 4,
2004, attached as Exhibit "B', and Consultant's engagement letter dated June 29, 2004, attached as
Exhibit "C". In the event of contlict between Consultant's proposal and the terms of this
Agreement, this Agreement shall control.
The parties agree performance of the work shall commence upon authorization to proceed by the
City. The Director of Finance is designated as the Contract Administrator responsible for all pha~s
of performance and operations under this Agreement, including authorizations for payment. All
notices or commmficafions regarding this Agreement shall be directed to the Contract Administrator.
m. FEE FOR SERVICES.
Total cost for all services provided by Consultant under this Agreement shall not exceed $130,000
unless expressly authorized by written amendment to this Agreement.
IV. TERMINATION OF CONTRACT.
The City may, at any time, with or without cause, terminate this Contract upon thirty days written
notice to the Consultant at 555 N. Carancahua, Suite 1000, Corpus Christi, Texas 78478-0052.
V. APPROPRIATION OF FUNDS.
All parties recognize that the continuation of any contract after the close of any fiscal year of City,
which fiscal year ends on July 31 of each year, shall be subject to appropriations and budget approval
promdmg for covering such contract item as an expenthmre in said budget_ City does not represent
that the budget item will be actually adopted, said determination being within the sole discretion of
the City Council at the time of adoption of such budget_
VI. ASSIGNABILITY.
The Consultant shall not assign, transfer, or delegate any of his obligations or duties in this Contract
to any other person without the prior written consent of the City, except for routine duties delegated
to field assistants and clerical helpers_ The performance of this Agreement by Consultant is the
essence of this Agreement and City's right to withhold consent to such assignment shall be within
the sole discretion of the City on any grounds whatsoever.
VII. INDEPENDENT CONTRACI'OR.
Consultant shall perform all professional services as an independent contractor and shall furnish such
services in its own manner and method, and under no cffcumstances or conditions shall an agent,
servant, or employee of the Consultant be considered an employee of the City.
VIH. SUBCONTRACTORS.
Consultant may use subcontractors in connection with the work performed under this Agreement.
When using subcontractors, however, Consultant must obtain prior written approval from the City.
In using subcontractors, Consultant agrees to be responsible for all their acts and omissions to the
same extent as if the subconlractor and its employees were employees of the Consultant. Ail
requirements set forth as part of this Agreement shall be applicable to all subcontractors and their
employees to the same extent as if the Consultant and its employees had performed the services.
IX. VENUE AND APPLICABLE LAW.
This Agreement shall be subject to all Federal, State and local laws. Ail duties of the parties shall be
performed in the City of Corpus Christi, Texas. The applicable law for any legal disputes arising out
of this Agreement shall be the law of Texas and such forum and venue for such disputes shall be the
appropriate district, county, or justice court in and for Nueces County, Texas.
X. DISCLOSURE OF INTERESTS.
Consultant further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to
complete, as part of this Contract, the Disclosure of Interest form provided to Consultant
XI. INDEMNIFICATION.
Consultant agrees to indemnify and save harmless City, its agents, servants, and employees from any
and all liabilities, losses, damages, or expenses, including attorney's fees resulting fi.om Consultant's
negligence or willful acts or omissions while in performance of this Agreement.
KH. INSURANCE.
Consultant agrees to provide insurance m accordance with the Exhibit "D'.
XIH, NO WAIVER.
No waiver of any covenant or condition, or the breach of any covenant or condition of this
Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the
Agreement.
XIV. AMENDMENTS OR MODIFICATIONS.
No amendments or modifications to this Agreement may be made, nor any provision waived, unless
m writing signed by a person duly authorized to sign agreements on behalf of each party_
XV. RELATIONSHIP OF PARTIES.
In performing this Agreement, both the City and Consultant shall act in an individual capacity, and
not as agents, representatives, employees, employers, part~ers, joint-venturers, or associates of one
another. The employees or agents of either party may not be, nor be construed to be, the employees
or agents of the other party for any purpose.
XVI. CAPTIONS.
The captions in this Aga-eement are for convenience only and are not apart of this Agxeement. The
captions do not in any way limit or amplify the terms and prowsions of this Agreement_
XVII. SEVERABLLITY.
If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this
Agreement or the application of this Agreement to any person or circumstance is, to any extent, held
illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of
competent jurisdiction, then the remainder of this Agreement, or the application of the term or
provision to persons or circumstances other than those as to which it is held illegal, invalid, or
unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties
to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of
this Agreement be given full force and effect for its purpose. To the extent that any clause or
provision is held illegal, invalid, or unenforceable under present or future law effective during the
term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu
of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms
to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid,
and enforceable, will be added to this Agreement automatically.
XVIII. NOTICES.
Notices provided shall be in writing and dehvered to:
On behalf of the City:
City of Corpus Christi
Director of Financial Services
P.O. Box 9277
Corpus Christi, TX 78469-9277
On behalf of the
Consultant:
Collier, Johnson & Woods
555 N. Camncahua, Suite 1000
Corpus Christi, Texas 78478-0052
IXJL SOLE AGREEMENT.
This Agreement constitutes the sole agreement between the City and Consultant. Any prior
agreements, promises, negotiations, or representations, verbal or otherwise, not expressly siat,',d in
this Agreement, are of no force and effect.
EXECUTED IN DUPLICATE, each of which shall be considered an original, this
,2004.
day of
ATYEST:
CITY OF CORPUS CHRISTI
Armando Chapa George IC Noe
City Secretary City Manager
APPROVED THIS DAY OF , 2004
By:
Assistant City Attorney
For City Attorney
CONSULTANT'
By:
Name:
Title:
Date:
Attachments: Exhibit "A," City of Corpus Christi Request for Proposal
Exhibit "B," Collier, Johnson & Woods, Proposal
Exhibit "C," Collier, Johnson & Woods, Engagement Letter
Exhibit "D," Insurance Requirements
26
AGENDA MF~MORANDUM
City Council Action Date: June 29, 2004
AGENDA ITEM:
Motion authorizing the City Mannger or his designee to eater imo a contract in the estimated amotmt
of $32,000 with Gabriel, Roeder, Smith, & Company of Irving, Texas, to provide professional
actuarial auditing services to audit the most recem Corpus Christi Fire Fighters Pension Fund
actuarial report by providing a Level I 'Full Replication Audit" and an Actuarial A,~ .n~ Review.
ISSUE:
The Corpus Christi Fire Fighters Pension Fund conducts au actuarial valuation every two years. The
last valuation was prepared as of December 31, 2002. With the recem down turn in the stock market,
the atx'mirial value of assets used in the latest study decreased by 8% - from $84,953,930 in 20~0 to
$78,135,835 in 2002. Although the assets in the plan decre~ the fund as a whole was declarexl
actuarially sound. Th~ actuary, however, could not approve any iacreases ia bea~fits for the ,~-tidng
fire fighters, which is currently calculated by applying $128.00 per month per year of service.
Manag~nem has requested an actuarial audit be conducted on the Corpus Christi Fin: Fighters
Pension Fund. The G-ovea-nmem F'mauce Officers Association recomme~ls a,~tuarial audits be
conducted at least once every 10 years, although many larger plans have a policy of having an
actuarial audit every 5 years. It is considered prudent business practic~ to have an ac~,nrial audit
conducted to reveal whO. her procedures are technically sound and ifptau objectives are b~ing met.
This type of audit also helps generate a sense of security among those concea-ned with the plan's
financing. Since the City of Corpus Christi couttlbutes to the fund on behalf of each tim fighter,
rrmnng~nem is seeking an assurance that the actuarial valuation which has been prepared is accunae
and relzsormhle.
At its May 20, 2004, ~ tl~ Corl~s Christi F~ Fighters Pension hoard voted to approve the
firm ofGabriet, Roeder, Smith and Company to audit tim ao~mal vab,ation prepared for the Corpus
Christi Fu-e Fight~ Pension Fund by Rudd & W'~dom.
REQUIRED COUNCIL ACTION:
Approval of thc motion to award the co.i~ ~ct is required.
CONCLUSION AND RECOMMENDATION:
Staff recommends tkat the City Council award a contract to Gabriel, Roeder, Smith, & Company to
provide professional actuarial auditing services to audit the most recent Corpus Christi F'tm Fighters
P~nsion Fund actuarial report. Cind~ t~ 'd~r--.
Dir~tor of Financial Services
Att~hmcms: Background information
Contract
BACKGROUND INFORMATION
There are two pension plans for City e~ployees~ one for civilian employees and sworn police office's
and one for sworn fire fighters. The pen~4on plan for dvilian employees and sworn police officers is
the Texas Municipal Retiremem System (TMRS). The pension plan for the fire fighters is the Corpus
Christi Fire Fighters' Retirement System Plan which is governed by a seven member pension board.
This plan was estalbli~a~d pors~lant to Article 6243e, Vernon's Annotated Texas Civil Statues, known
as the Texas Local Fire Fighters' Retirement Act ("the Act") for exclusive benefit of sworn
c.~loyees of the Fire Depa, tment. Section 23 of Article 6243e oftbe Act authorizes the board of
trustees to employ an actuary to provide actuarial valuation services. An actuarial report is
conducted eve~ two years, with the last report dated December 31, 2002.
With beth pension plans, both the City and the participants make couh itmfions toward the plan_ For
fire fighters, the City contn~bmes 12% of gross compensation, and the participants comn3ute an
amount equal to ten percent (10%) of the average monthly salary ora fire figl~ter, which equates to
$215.23 ~ pay period for fiscal year 2003-2004. For civilian employees and sworn police officers,
the City currently contributes 11.96%, and the participants contribute an amoum equal to five percem
(5%) of the participant's gross salary. Effective January 1, 2005, the City's co,~t~ufion for civilian
employees and sworn police officers will increase to 14.03%, with the participants conm'bufing an
amoum equal to six percent (6%) of their gross salary.
The actuarial valuation for the Corpus Christi Fire Fighters' Pension Fund at December 31, 2002,
revealed that the actuarial value or' assets (AVA) used was $78,135,835, down from $84,953,930
from the previous valuation in 2000, a decrease of 8% The unfimded actuarial accrued liability
(UAAL) increased fi.om $28,846,629 in 2000 to $42,743,795 in 2002, an increase of 48%.
Additionally, the years to amortize the UAAL increasod fi.om 30 years to 39 years, with 40 years
being the maximum acceptable period per the Texas State Pension Board. Although the fund was
declared actuarially sound, the actuary could not approve any increases in benefits, which currently is
$128 O0 Her month Her year of service.
Management has requested an actuarial audit be conducted on the Corpus Christi Fire Fighters
Pension Fund. There are several reco~c, niT~d actuarial firms utili~,~l by governmental entities in the
State of Texas. These include Rudd & Wisdom, Gabriel, Roeder, Smith & Company, and Towers
Perrin. Rudd & Wisdom conducted the initial actuarial valuation for the Corpus Christi F~re Ftghters'
Pension Fund, and management has chosen to utilize Gabriel, Roeder, Smith & Co. to conduct the
audit. This choice was based on verbal references, and the firm's commitment to provide customer
Four levels of actuarial audits are offered:
Level 1 - A complete actuarial valuation of the plan based on the same census data, assumptions, and
actuarial methods used by the plan's actuary. The goal is to replicate the results oftbe most recent
valuation. This is also referred to as a replication audit.
BACKGROUND INFORMATION
(Continued)
Level 2 - A review of the actuarial reports of the plan and a test of the valuation results using a
mathematical model of plan activity or sampling.
Level 3 - A review of the previous actuarial valuation reports, dialogue with the representatives and
presentation ora report. No independent calculatious are computed.
Level 4 - A review of the most recent available actuarial report and a disclosure of the findings in
letter format.
Another management tool is a review of assumptions. This review ensures that the actuarial
assumptions used in the valuation report continue to be on track.
Since an actuarial audit has never been conducted before, management is requesting that a Level 1
"replication audit" be conducted, as well as a review of assumptions.
The "Fact Sheet" that follows outlines pertinent information regarding employee and City
contributions for both the Fire Fighters Pension Fund and the Texas Municipal Retirement System.
FACT SHEET
Fire Fighters Pension Fund:
Employee Contributions
o From January 1, 1982 through January 2, 2000, contribution was 9% of the
average monthly salary of a fire fighter.
o On January 3, 2000, contribution increased to 10%.
City Contributions
o From January 1982 to date, contribution has been 12% of the average monthly
salary ora fire fighter.
Benefits
o In the actuarial valuation prepared every two years, the actuary makes
recommendations for any potential benefit increases as a result of the valuation.
Benefit increases for the plan must then be voted upon by the fire fighters.
o The last benefit increase was effective September 1, 2002, and the benefit increased
from $121.30 per month per year of service to $128.00 per month per year of service.
· Fire fighters hked after March 31, 1986 are subject to mandatory Medicare coverage.
Texas Municipal Retirement System:
· Emplovce Contributions
o Contribution has remained at 5% for over fifteen years.
City Contributions
o Contribution ha~ increased over time fxom 9.70% in 1989 to the current rate of
11.96%.
· Benefits
o Based on employee's average salary within the last three years of employment.
Comparison of Retirement Contributions:
· See attached schedule.
City of Corpus Christi
Contributions for Retirement
ALL CITY EMPLOYEES, EXCLUDING FIRE
City contribution
Employee contribution
August 1, 2004 - December 31, 2004
FICA Medicare TMRS Total
6.20% 1 45% 11 96% 19.61%
6.20% 1.45% 5.00% 12.65%
12.40% 2.90% 16.96% 32.26%
City contribution
Employee contribution
January 1, 2005 - July 31, 2005
FICA Medicare TMRS Total
6.20% 1.45% 14.03% 21.68%
6.20% 1.45% 6.00% 13.65%
12.40% 2.90°/0 20.03% 35.33%
SWORN FIRE EMPLOYEES (hired orior to 1986}
FICA
City contribution 0.00%
Employee contribution 0.00%
*- as a percent of dept average pay 0.00%
August 1, 2004 - July 31, 2005
Medicare Pension Total
0.00% 12.00% 12.00%
0.00% 10.00% * 10.00%
0.000/O 22.00% 22.000A
~VORN FIRE EMPLOYEES fhired after 19863
FICA
City contribulaon 0 00%
Employee contribution 0.00%
*- as a pe~,.~.t of d~t avelage pay 0.00%
August 1, 2004 - July 31, 2005
Medicare Pension Total
1.45% 12.00% 13.45%
1.45% 10.00% * 11.45%
2.90% 22.000/0 24.90%
Benefit for all firefighters is currently $128 per month per year of servic~
PROFESSIONAL ACTUARIAL AUDITING SERVICES
Tiffs Professional Auditing Services Agreement ("Agreement") is entered into by and between the
City of Corpus Christi, a municipal corporation ("City"), and Gabriel, Roeder, Smith & Company, a
foreign business corporation, ("Consultant") effective for all purposes upon execution by the City
Manager or City Marmger's designee.
WItEREAS, the City desires to have Consultant perform an actuarial audit of the most recent
Corpus Christi Fire Fighters Pension Fund actuarial report;
NOW, THIgREFORE, Consultant and City agree as follows:
I. SERVICES TO BE PERFORMED.
The Consultant agrees to provide professional actuarial auditing services to audit the most recent
Corpus Christi Fire Fighters Pension Fund actuarial report. Consultant shall perform the
professional auditing services to provide a Level 1 Audit and Actuarial Assumption Review in
accordance with the attached Exhibit "A'.
The parties agree performance of the work shall commence upon authorization to proceed by the
City_ The Director of Finance is designated as the Contract Admin/strator responsible for all phases
of performance and operations under this Agreement, including authorizations for payment. All
notices or communications regarding this Agreement shall be directed to the Contract Adminiq0:ator.
Consultant shall complete its review within 12 weeks from receipt of City's authorization to
proceed_
Consultant shall provide City with written report of its £mdings and conclusions upon completion of
II. FEE FOR SERVICES. Total cost for all services provided by Consultant and all expenses
incurred by Consultant under this Agreement in an estimated mount of $32,000 unless expressly
authorized by written amendment to this Agreement. Hourly rates are identified in the attached
Exhibit "B", Standard Terms and Conditions. Payment shall be made within 30 days from receipt of
invoice. Invoice shall be submitted every month to be paid within 30 days.
III TERMINATION OF CONTRACT. The City may, at any time, with or without cause,
terminate this Contract upon ten days written notice to the Consultant.
IV. APPROPRIATION OF FUNDS. All parties recognize that the continuation of any contract
after the close of any fiscal year of City, which fiscal year ends on July 31 of each year, shall be
subject to appropriations and budget approval providing for covering such contract item as an
expenditure in said budget. City does not represent that the budget item will be actually adopted,
said determination being within the sole discretion of the City Council at the time of adoption of
such budget.
V. ASSIGNABILITY. The Consultant shall not assign, transfer, or delegate any of his obligations
or duties in this Contract to any other person without the prior written consent of the City, except for
routine duties delegated to field assistants and clerical helpers. The performance of this Agreement
by Consultant is the essence of this Agreement and City's right to withhold consent to such
assignment shall be within the sole discretion of the City on any grounds whatsoever.
VI. INDEPENDENT CONTRACTO1L Consultant shall perform all professional services as an
independent contractor and shall furnish such services in its own manner and method, and under no
cimumstaaces or conditions shall an agent, servant, or employee of the Consultant be considered an
employee of the City.
VII. SUBCONTRACTORS. Consultant may use subcontractors in connection with the work
performed under this Agreement_ When u.sing subcontractors, however, Consultant must obtain
prior written approval fi:om the City. In using subcontractors, Consultant agrees to be responsible for
all their acts and omissions to the same extent as if the subcontractor and its employees were
employees oftbe Consultant_ All requirements set forth as part of this Agreement shall be applicable
to all subconu-actors and their employees to the same extent as if the Consultant and its employees
had performed the services_
VIII. VENUE AND APPLICABLE LAW. This Agreement shall be subject to all Federal, State
and local laws. All duties of the parties shall be performed in the City of Corpus Christi, Texas. The
applicable law for any legal disputes arising out of this Agreement shall be the law of Texas and such
forum and venue for such disputes shall be the appropriate district, county, or justice court in and for
Nueces County, Texas_
IJL DISCLOSURE OF INTERESTS. Consultant further agrees, in compliance with City of
Corpus Christi Ordinance No. 17112, to complete, as part of this Contract, the Disclosure of Interest
form provided to Consultant.
X, IINDElVlNIFICATION. Consultant must indemnify and hold City, its officers, employees or
agents ("indemnitees") harmless of, from, and against all claims, demands, actions, damages, losses,
costs, liabilities, expenses, and judgments recovered fi'om or asserted againgt Indemrdtees on account
of injury or damage to person or property to the extent any such damage or injury may be incident to,
arise out of, or be mused by, or be in any way connected with, either proximately or remotely,
wholly or in part, the performance of this Agreement; an act or omission, negligence or misconduct
on the part of Consultant, or any of its agents, servants, contractors, or employees in performance of
this Agreement_
Consultant agrees to indemnify and save harmless City, its agents, servants, and employees,
("Indemnitees"), fxom any and all liabilities, losses, damages, or expenses, including attorney's fees
resulting fi:om the negligence or acts or omissions of Consultant, its employees, officers, agents or
contractors, while in performance of this Agreement.
XI. INSURANCE. Consultant agrees to promde insurance in accordance with the attached Exhibit
XII. NO WAIVER. No waiver of any covenant or condition, or the breach of any covenant or
con~tion of this Agreement, constitutes a waiver of any subsequent breach of the covenant or
condition of the Agreement.
XIII. AMENDMENTS OR MODIFICATIONS. No amendments or modifications to this
Agreement may be made, nor any provision waived, unless in writing signed by a person duly
authorized to sign agreements on behalf of each party.
XIV. RELATIONSHIP OF PARTIES. In performing this Agreement, both the City and
Consultant shall act in an individual capacity, and not as agents, representatives, employees,
employers, parmers, joint-venturers, or associates of one another. The employees or agents of either
party may not be, nor be construed to be, the employees or agents of the other party for any purpose.
XV. CAPTIONS. The captions in this Agreement are for convenience only and are not a part of
this Agreement. The captions do not in any way limit or amplify the terms and provisions of this
Agreement.
XVI. SEVERABILITY. If for any reason, any section, paragraph, subdivision, clause, provision,
pkmse or word of this Agreement or the application of this Agreement to any person or circumstance
is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final
judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the
application of the term or provision to persons or circumstances other than those a.s to which it is
held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the
definite intent of the parties to this Agreement that every sect/on, paragraph, subdivision, clause,
provision, phrase, or word of this Agreement be given full force and effect for its purpose. To the
extent that any clause or provision is held illegal, invalid, or unenforceable under present or future
law effective during the term of this Agreement, then the remainder of this Agreement is not affected
by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or
provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be
possible and be legal, valid, and enforceable, will be added to this Agreement automatically.
XVII. NOTICES. Notices provided shall be in writing and delivered to:
On behalf of the City:
City of Corpus Christi
Director of Financial Services
P.O_ Box 9277
Corpus Christ~, TX 78469-9277
On behalf of the Consultant:
Gabriel, Roeder, Smith & Co.
Roger H. Arockiam, FSA
Southwest Region Office Head
5605 N. MacArthur Blvd.//870
Irving, Texas 75038-2631
xvm. SOLE AGREEMENT. This Agreement and its Exhibits "A", "B" (Consultant Standard
Terms and Conditions) and "C" constitute the sole agreement between the City and Consultant.
Any prior agreements, promises, negotiations, or representations, verbal or otherwise, not expressly
stated in this Agreement, are of no force and effect. In the event of any conflict between this
Agreement and the attached Standard Terms and Conditions, this Agreement shall control.
EXECUTED I~ DUPLICATE, each of which shall be considered an original, this
,2004.
day of
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED THIS DAY OF
Assistant City Attorney
For City Attorney
George K. No~
City Manager
CONSULTANT:
By:
Name:
Title:
Date:
27
CITY COUNCIL
AGENDA MEMORANDUM
Jua~ 29, 2004
AGENDA ITEM:
Ordinance ~ th~ City Council of the City of Corl:mS Christi, Texas, providing for the issuaace of
$6,850,000 City of Coq~us Christi, T~,as, Combination Tax and Solid Waste Rev~ GafC~cates of
Obligation, Seri~s 2004, and ordaining other matters relating to the subject.
ISSUE:
Th~ City plan~ to iasue $6,850,000 in Combinafon Tax and Solid Waste Rev~ue C~-tiflcates of
Obllg~ion for the purpose of paying co,,~,~:mal obligations relating to the cons~xuction of
improvements to the City's solid waste f~lif~s, as ~ as the payment of fiscal, engineering and
legal fees incurred in connection with the certificates. In conne~on with the issuance and sale of the
proposed Certificates of Obligatlon, the following team has been aas~bled: M.E. ^llimn & CO.,
Inc. as Financial Advisor, McCall, paslch, r~t & Horton L.L.P. as Bond Counsel, Underwriters l P.
Morgan Cha~ & Company aa S~ior Mana8~ and Bank of Am~ica as Co-lvlanager, Ftfl'bright &
Jawo~d, L.L.P. as Undo-writes Coun~ and Th~ Bank of New York Trust Company, N.A. aa
RF_.~ COUNCIL ACTION:
Approval of the Ordinance is presented.
PREVIOUS COIYNCIL ACTION:
On Jun~ 8, 2004, City Council approved gesolufion No. 025788 directin8 publication of notice of
iutefffion to ~ Combination Tax and ~ C__~ca~s of Obligation, Series 2004; and
resolving other matters relating to the subject.
F[ITURE COUNCIL ACTION:
There i~ no future Council amion.
RFA2OMMENDATION:
City Staffrecommends approval of the ordinance providing for the is.~mnce of $6,850,000 City of
Corpus Chri~ Texas, Combination Tax a~l Solid Waste Reveaue Ceflificates of 0blig~fion, Series
2004, and ordaining other m~tt~-~ rela~rl8 to th~ subject_
o
Director of Financial Services
ORDINANCE NO.
ORDINANCE BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS,
PROVIDING FOR THE ISSUANCE OF $6,850,000 CITY OF CORPUS CHRISTI,
TEXAS, COMBINATION TAX AND SOLID WASTE REVENUE CERTWICATES OF
OBLIGATION, SERIES 2004, AND ORDAINING OTHER MA'vI'ERS RELATING TO
THE SUBJECT
WHEREAS, on the 8th day of June, 2004, the City Council of the City of Corpus Christi,
Texas (the ~C~ty~ or the 'Issuer") passed a resolution authorizing and d/recting notice of its intention
to issue the Certifica~ of Obligation herein authorized to be issued, to be published in a newspap,zr
as required by Section 271.049 of the Texas Local Government Code; and
WHEREAS, said notice was published on June ._, 2004 and June ._, 2004 in the Corpus
Christi Caller-Times, a "newspapex' as described in Section 2051.044, Texas Government Code, all
as required by Section 271.049 of the Texas Local Government Code; and
WHEREAS, no petition, signed by 5% of the qamlifx~l electors of said City as permitted by
said Section 271.049 of the Texas Local Government Code protesting the issuaace of such
Certificates of Obligation, has been filed with the City;, aad
WHEREAS, the Certificates of Obligation hereinafter authorized are to be issued and
delivered pursuant to Subchapter C of Chapter 271 of[he Texas Local Governme. ut Code;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
Section 1. AUTHORIZATION OF CERTIFICATES OF OBLIGATION. That the
Certificates of Obhgation to be issued by the City, designated the "City of CoIpus Christi, Texas
Combination Tax and Sohd Waste Revenue Certificates of Obligation, Series 2004", are hereby
authorized to be issued and delivered ia the principal amount of $6,850,000, for the purpose of
providing part of the funds for paying contractual obligations to be incurred by the City, to-wit: the
construction of improvements to the City's solid waste facilities, including, without limitation, paying
contractual obligations to be incurred with respect to the development of the Cefe Valenzuela landfill
in the vicinity of County Road 57 and FM 2444 and the construction ora drainage culvert south of
said landfill site at FM 70 relating to the development of said landfill; and the payment for fiscal,
engineering and legal fees recurred in connection therewith. The term "Certificates" as used in this
Oxdinaace shall mean and include collectively the Certificates of Obligation initially issued and
delivered pursuant to this Ordinance and all substitute Certificates of Obligation exchanged therefor,
as well as all other substitute Certificates of Obligation and replacement Certificates of Obligation
issued pursuant hereto, and the term "Certificate" shall mean any of the Cc'rtificates.
Section 2_ DATE, DENOMINATIONS, NUMBERS AND MATURITIES. That said
Cc-rtificates of Obligation shall initially be issued, sold and delivc'red hereunder as fully registered
certificates, without interest coupons, dated July 1, 2004, in the respective denominations and
principal amounts hereinat~er stated, numbed consecutively from R-1 upward, payable to the
respective initial registered owners thereof(as desi~m~ated in Section 16 hereof), or to the registered
assignee or assignees of said C~rtificates or any portion or portions thereof (m each case, the
"Registered Owner"), and said Certificates shall mature and be payable on March 1 in the years and
amounts as set forth below, to-wit:
-2-
YEARS AMOUNTS(S) YEARS
2005 2015
2006 2016
2007 2017
2008 2018
2009 2019
2010 2020
2011 2021
2012 2022
2013 2023
2014 2024
AMOUNTS(S)
For pta-poses oftlus Ordinance, the Certificates of Obligation maturing on March 1, 20~ are hereby
desi~maated as "Turin Certificates".
Section 3. REDEMPTION. (a) Optional Redemption. That the City reserves the right to
redeem the Certificates maturing on or after March 1, 20__, at the par value thereof plus accrued
interest, in whole or in part, in the principal amount of $5,000 or any integral multiple thereof(an
"Authorized Denomination"), on March 1, 20__, and on any date thereafter. The years of maturity
of the Certificates called for redemption at the option of the City prior to stated maturity shall be
selected by the City_ The Certificates or portions thereo fredeemed within a maturity shall be selected
at random and by lot by the Pay/ag Agent/Registrar. The Certificates are subject to mandatory
redemption as provided ia the FORM OF CERTII~ICATES.
(b) Mandatory Redemption. The Term Certificates are subject to mandatory sinking fund
redemption prior to theh- scheduled maturities as provided ia the FORM OF CERTIFICATES.
(c) Notice. At least 30 days prior to the date fixed for any such redemption, (i) a written
notice of such redemption shah be given to the registered owner of each Certificate or a portion
thereofheiag called for redemption by depositing such notice in the United States mail, first-class
-3-
postage prepaid, in the name of the City and at the Ci~s expense addressed to each such regisLered
owner at his address shown on the reg~.stration books of the Paying Agent/Registrar and (ii) notice
of such redemption shall be published one (1) time in a financial journal or publication of general
circulation in the United States of America cra-fy/ag as a regular feature notices ofmumcipal bonds
called for redemption; provided, however, that the failure to send, mail, or receive such notice
descn~ced in (i) above, or any defect therein or in the sending or mailing thereof; shah not affect the
validity or effectiveness of the proceedings for the redemption of any Certificate, and it is hereby
spocifically provided that the publication of notice described in (ii) above shall be the only notice
actually requited in connection with or as a prerequisite to the redemption of any Certificates. By the
date fixed for any such redemption due provision shaft be made by the City with the Paying
Agent/Registrar for the payment of the required redemption price for the Certificates or the portions
thexeofwhich are to be so redecaa~ed, plus accrued interest thereon to the date fixed for red~mtJtion~
If such notice of redemption is given; and ff due provision for such payment is made, all as
provided above, the Certificates, or the portions thereof, which are to be so redeemed, thereby
automatically shall be redeemed prior to their scheduled maturities, and shall not bear interest niter
the date fixed for their redemption, and shall no t be regarded as being outstanding except for the right
of the registered owner to receive the red~mlJtion price plus accrued interest to the date fixed for
redemption fi-om the Paying AgenffRegistrar out of the hinds provided for such payment- Tbe Pay/rig
Agent/Registrar shall record in the registration books all such redemptions of principal of the
Certificates or any portion theree£ Ifa portion of any Certificate shall be redeemed a substitute
Certificate or Certificates having the same matm-ity date, bearing interest at the same rate, in any
Authorized Denomination, at the written request of the registered owner, equal to the umedeen~l
portion thereof; will be issued to the registered owner upon the surrender thereof for cancellation,
at the expense of the City, all as provided in this Ordinance.
Section 4. INTEREST. That the Certificates shall bear interest fxom the date specified in
the FORM OF CERTIFICATE to their respective dates of maturity or redemption prior to maturity
at the following rates per annum:
maturities 2005, % maturities 2015,
maturities 2006, % maturities 2016,
maturities 2007, % maturities 2017,
maturities 2008, % maturities 2018,
maturities 2009, % maturities 2019,
maturities 2010, % maturities 2020,
maturities 2011, % maturities 2021,
maturities 2012, % matm-ities 2022,
maturities 2013, % maturities 2023,
maturities 2014, % maturities 2024,
Said interest shall be payable in the manner provided and on the dates stated in the FORM OF
CERTIIqCATE.
Section 5. CHARACTERISTICS OF Tree, CERTIFICATES. (a) The City shall keep
or cause to be kept at the corporate trust oflSce in (the "Designated Trust Office")
of (the "Paying Agent/Registrar"), or such other bank, trust company,
financial institution, or other agency named in accordance with the provisions of(g) of this Section
hereof~ books or records of the registration and txansfer of the Certificates (the "Registration
Books"), and the City hereby appoints the Paying Agent/Registrar as its registrar and transfer agent
to keep such books or records and make such transfers and registrations under such reasonable
regulations as the City and Paying Agent/Registrar may prescn30e; and the Paying AgenffReg~xar
-5-
shall make such transfers and registrations as herein provided. The City Manager or the designee
thereof is hereby authorized to execute a "Paying Agent/Regi~ts ~r Agreement" in such form attached
hereto as is approved by the City Attorney. It shall be the duty of the Paying Agent/Registrar to
obtain fi-om the registered owner and record in the Registration Books the address of such registered
owner of each certificate to which payments with respect to the Certificates shall he mailed, as herein
provided. The City or its designee shall have the fight to inspect the Registration Books during
regular business hours oftbe Paying Agent/Registrar, but otherwise the Paying Agent/Registrar shall
keep the Registration Books confidential ~ unless otherwise required by law, shall not permit their
inspection by any other entity. Registration of each Certificate may he transferred in the Registration
Books only upon presentation and surrender of such certificate to the Paying Agent/Registrar at the
Designated Trust Office for tmasfer of registration and cancellation, together with proper written
immamaents of assignment, in form and with guarantee of signatures satisfactory to the Paying
Agent/Registrar, evidencing the assignment of such certificate, or any portion thereof in any
Authorized Denomination to the assignee or assignees thereof; and the right of such assignee or
assignees to have such certificate or any such portion thereof registered in the name of such assignee
or assignees. Upon the assi~mment and transfer of any Certificate or any portion thereof; a new
substitute certificate or certificates shallhe msued in exchange therefor in the manner herein provided.
Co) The entity in whose name any Certificate shall be registered in the Registration Books at
any time shall be treated as the absolute owner thereof for all puiposes oft[ds Ordinance, whether
or not such ce~ificate shall be overdue, and the City and the Paying Agent/Registrar shall not be
affected by any notice to the contrary;, and payment of; or on account of; the principal of; premium,
if any, and interest on any such certificate shall he made only to such registered owner_ All such
payments shall be valid and effectual to satisfy and discharge the liability upon such certificate to the
extent of the sum or sums so paid.
(c) The City hereby further appoints the Paying Agent/Registrar to act as the paying agent
for paying the principal of and interest on the Certificates, and to act as its agent to exchange or
replace Certificates, all as provided in this Ordinance. The Paying Agent/Registrar shall keep proper
records of all payments made by the City and the Paying Agent/Registrar with respect to the
Certificates, and of all exchanges of such certificates, and all replacements of such certificates, as
provided in this Ordinance.
(d) Each Certificate may be exchanged for fully registered certificates m the manner set forth
herein. Each certificate issued and delivered pm'truant to this Ordinance, to the extent of the unre-
deemed l~h~cipal amount thereof; may, upon surrender of such certificate at the Designated Trust
Ol~ce of the Paying Agent/Registrar, together with a written request therefor duly executed by the
registered owner or the assignee or assignees thereof; or its or their duly authorized attorneys or
representatives, with guarantee of signatures satisfactory to the Paying Agent/Registrar, at the option
of the registered owner or such assignee or assignees, as appropriate, be exchanged for fully regis-
tered certificates, without interest coupons, in the form prescnlxxl in the FORM OF CERTIYlCATE,
in any Authorized Denomination(subject to the requirement hereinaflcer stated that each substitute
certificate shall have a single stated maturity date), as requested in writing by such registered owner
or such assignee or assignees, in an aggregate principal amount equal to the unredeemed principal
amount of any Certificate or Certificates so surrendered, and payable to the appropriate registered
owner, assignee, or assignees, as the case may be. Ifa portion of any Certificate shall be redeemed
prior to its scheduled maturity as provided herein, a substitute certificate or certificates having the
-7-
same maturity date, bearing interest at the same rate, in any Authorized Denomination at the request
of the registered owner, and in an aggregate principal amount equal to the unredeemed portion
thereof; will be issued to the registered owner upon surrender thereof for caneellat~on If any
Certificate or portion thereof is assigned and transferred, each certificate issued in exchange therefor
shall have the same maturity date and bear interest at the same rate as the certificate for which it is
being exchanged. Each substitute certificate shall bear a letter and/or nmber to distinguish it f~om
each other certificate. The Paying Agent/Registrar shall exchange or replace Certificates as provided
herein, and each fully registered certificate or certificates dehvered in exchange for or replacement
of any Certificate or portion thereof as permitted or required by any provision of this Ordinance qhall
constitute one of the Certificates for all purposes of ttas Ordinance, and may again be exchanged or
replaced. It is specifically provided, however, that any Certificate delivered in exchange for or
replacement of another Certificate prior to the first scheduled interest payment date on the
Certificates (as stated on the face thereof) shall be dated the same date as such Certificate, hot each
substitute certificate so delivered on or after such first scheduled interest payment date shall be dated
as of the interest payment date preceding the date on which such substitute certificate is delivered,
unless such substitute certificate is delivered on an interest payment date, in which case it shall be
dated as of such date of delivery;, provided, however, that fiat the time of delivery of any substitute
certificate the mtereat on the Certificate for which it is being exchanged has not been paid, then such
substitute certificate shall be dated as of the date to which such interest has been paid in full. On each
substitute certificate issued in exchange for or replacement of any Certificate or Certificates issued
under this Ordinance there shall be printed thereon a Paying Agent/Registrars Authentication Certifi-
cate, in the form hereinafter set forth. An authorized representative oft. be Paying Agent/Registrar
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shall, before the delivery of any such substitute certificate, date such substitute certificate in the
manner set forth above, and manually sign and date such Authentication Certificate, and no such
substitute certificate shall be deemed to be issued or outstanding ualess such Authentication Certifi-
cate is so executed. The Paying Agent/Registrar promptly shall cancel all Certificates surrendered
for exchange or replacement. No additional ordinances, orders, or resolutions need be passed or
adopted by the City Council or any other body or person so as to accomplish the foregoing exchange
or replacement of any Certificate or portion thereof; and the Paying Agent/Registrar shallprovide for
the printing, execution, and delivery of the substitute certificates in the rrmnner prescribed herein.
Pumuant to Chapter 1206, Texas Government Code, the duty of exchange or replacement of any
Certificates as aforesaid is hereby i .rrq~osed upon the Paying Agent/Registrar, and, upon the execution
of said Paying Agent/Registmr's Authentication Certificate, the exchanged or replaced certificate shall
be valid, incontestable, and enforceable in the same manner and with the same effect as the
Certificates which originally were delivered pursuant to this Ordinance, approved by the Attorney
General, and registered by the Comptroller of Public Accounts. Neither the City nor the Paying
AgenffRegistrar shall be required (1) to issue, txansfer, or exchange any Certificate during a lx~-iod
beginning at the opening of business 30 days before the day of the first mailing of a notice of
redemption of Certificates and ending at the close of business on the day of such marling, or (2) to
transfer or exchange any Certificate so selected for redemption in whole whert such redemption is
scheduled to occur within 30 calendar days.
(e) All Certificates issued in exchange or replacement of any other Certificate or portion
thereof; (i) shall be issued in fully registered form, without interest coupons, with the principal of and
interest on such Certificates to be payable only to the registered owners thereof; (ii) maybe redeemed
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prior to their scheduled maturities, (iii) may be transferred and assigned, (iv) may be exchanged for
other Certificates, (v) shall have the characteristics, (vi) shall be signed and sealed, and (vii) the
principal of and interest on the Certificates shall be payable, all as provided, and in the manner re-
quired or indicated, in the FORM OF CERTIFICATE.
(f) The City shall pay all of the Paying Agent/Registrars reasonable and customary fees and
charges for making transfers and exchanges of Certificates, but the registered owner of any Certificate
requesting such transfer shall pay any taxes or other governmental charges required to be paid with
respect thereto. In addition, the City hereby covenants with the registered owners of the Certificates
that it will (i) pay the reasonable and standard or customary fees and charges of the Paying
Agent/Registrar for its services with respect to the payment of the principal of and interest on the
Certificates, when due, and (fi) pay the fees and charges of the Paying AgentJRegi~t~r for services
with respect to the transfer or registration of Certificates solely to the extent above promded, and
with resp~t to the exchange of Certificates solely to the extent above provided.
(g) The City covenants with the registenxl owners of the Certificates that at all times while
the Certificates are outstanding the City will provide a competent and legally qual/find bank: trust
company, financial institution, or other agency to act as ~ perform the services of Paying
AgenffRegistrar for the Certificates under this Ordinance, and that the Paying Agent/Registrar MI1
be one entity. The City reserves the fight to, and may, at its option, change the Paying Agent/Regis-
War upon not less than 60 days written notice to the Paying Agent/Registrar. In the event that the
entity at any time acting as Paying Agent/Reg/strar (or its successor by merger, acquisition, or other
method) should resign or otherwise cease to act as such, the City covenants that promptly it will
appoint a competent and legally qualified national or state banking institution which shall be a
corporation organi?ed and doing business under the laws of the United States of America or of any
state, authorized under such laws to exercise trust powers, subject to supervision or examination by
federal or state authority, and whose qualifications substantially are similar to the previous Paying
Agent/Registrar to act as Paying Agent/Registrar under this Ordinance. Upon any change in the
Paying Agent/Regi~h ar, the prev/ous Paying Agent/Registrar promptly shall transfer and deliver the
registration books (or a copy thereof), along with all other pertinent books and records relating to
the Certificates, to the new Paying Agent/Registrar designated and appointed by the C~ty. Upon any
change in the Paying Agent/Registxar, the City promptly will cause a written notice thereof to be sent
by the new Paying Agent/Registrar to each registered owner of the Certificates, by United States
Mail, postage prepaid, which notice also shall give the address of the new Paying Agent/Registrar.
By accepting the position and performing as such, each Paying Agent/Regkm'ar shall be deemed to
have agreed to the provisions of this Ordinance, and a certified copy of this Ordinance shall be
delivered to each Paying Agent/Registrar.
Section 6. FORM OF CERTIFICATES. That the form of the Certificates, including the
form of Paying AgentfRegistrar's Authentication Certificate, the form of Assignment and the form
of Registration Certificate of the Comptroller of Public Accounts of the State of Texas to be attached
to the Certificates initially issued and delivered pursuant to this Ordinance, shall be in substantially
the form as set forth in Exhibit A to this Ordinance, with such appropriate variations, omissions, or
insertions as are permitted or required by this Ordinance. The printer of the Certificates is hereby
authorized to print on the Certificates (i) the form of bond counsel's opinion renting to the
Certificates, and (h) an appropmte statement of insurance furnished by a municipal bond insurance
company providing mumcipal bond insurance, if any, covering all or any part of the Certificates.
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Section 7. DEFINITIONS. That the term "Series 1995 Certificates of Obligation" shall
mean the City of Corpus Christi, Texas, Combination Tax and Solid Waste Revenue Certificates of
Obligation, Series 1995, dated December 1, 1995, and currently outstanding in the aggregate
principal amount of $5,280,000; the term "Series 2000 Certificates of Obligation" shall mean the City
of Corpus Christi, Texas, Combination Tax and Revenue Certificates of Obligation, Series 2000,
dated September 1, 2000, and currently outstanding in the aggregate principal amount of
$12,700,000; and the term "Code" shall mean the Internal Revenue Code of 1986, and any
amendment thereto.
Section 8. INTEREST AND SINKING FUND. That a special fund or account, to be
designated the "City of Corpus Christi, Texas Series 2004 Combination Tax and Solid Waste
Revenue Certificate of Obligation Interest and Sinlcing Fund" (the "Interest and Sinking Fund~) is
hereby created and shall he established and maintained by the City at its official depository. The
Interest and Sinking Fund shall be kept separate and apart from all other funds and accounts of the
City, and shall be used only for paying the interest on and principal of the Certificates. Any accrued
interest derived from the sale of the Certificates shall be deposited to the credit of the Interest and
Sinking Fund. All ad valorem taxes lev~ed and collected for and on account of the Certificates shall
be deposited, as collected, to the credit of the Interest and Sinking Fund. During each year while any
of the Certificates are outstanding and unpai. 'd, the govermng body of the City shall compute and as-
certain the rate and amount of ad valorem tax, based on the latest approved tax rolls of the City, with
full allowances being made for tax delinquencies and the cost oft,ax collections, which will be suffi-
cient to raise and produce the money required to pay the interest on the Certificates as such interest
comes due, and to provide a sinking fund to pay the principal of the Certificates as such principal ma-
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tm-es, but never less than 2% of the original amount of the Certificates as a sinking fund each year.
The rate and amount of ad valorem tax is hereby ordered to be levied against all taxable property in
the City for each year while any of the Certificates are outstanding and unpaid, and said ad valorem
tax shall be assessed and collected each such year and deposited to the credit of the Interest and
Sinking Fund. The ad valorem taxes necessary to pay the interest on and principal of the Certificates,
as such interest comes due and such principal matures or comes due through operation oftbe
mandatory sinking fund redemption to the extent provided in the FORM OF CERI'IIqCATE, are
hereby levied mad ordered to be levied and pledged for such payment, within the limit prescribed by
law. There shall be appropriated fi.om the General Fund to deposit into the Interest and Sinking Fund
moneys as may be necessary to pay the first scheduled interest payment on the Certificates of
Obhgation
Section 9. REVENUES. That the Certificates of Obligation are additionally secured by and
shall be payable fi.om and secured by the revenues fi'om the Issuer's Sohd Waste System remaining
after payment of all maintenance and operation expenses thereof; and all other obligations now or
hereafter payable therefi.om (including, without limitation, the Series 1995 Certificates of Obligation
and the Series 2000 Certificates of Obligation), constituting "Surplus Revenues". The Surplus
Revenues are pledged by the City pursuant to authority of Chapter 363, Texas Health and Safety
Code, particularly Subehapter G thereof The Issuer shall degosit such Surplus Revenues to the
credit of the Interest and Sinking Fund created pursuant to Section 8, to the extent necessary to pay
the principal and interest on the Certificates of Obligation~ Notwithstanding the requirements of
Section 8, if Surplus Revenues are actually on deposit or budgeted for deposit in the Interest and
Sinking Fund in advance of the time when ad valorem taxes are scheduled to be levied for any year,
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then the amount of taxes which otherwise would have been required to be levied pursuant to Section
8 may be reduced to the extent and by the amount of the Surplus Revenues then on deposit in the
Interest and Sinking Fund or budgeted for deposit herein. The City anticipates that the Surplus
Revenues shall be sufficient to meet the annual debt service requirements of the Certificates of
Obligation and intends to use Surplus Revenues to pay such debt sen/ce.
Section 10. TRANSFER. That the City shall do any and all things necessary to accomplish
the transfer of monies to the Interest and Sin.king Fund of this issue in ample time to pay such items
of principal and interest.
Section 11. SECURITY FOR FUNDS. That the Interest and Sinking Fund created by this
Ordinance shall he secured in the manner and to the fullest extent permitted or required by law for
the security of public funds, and such Fund shall be used only for the purposes and in the manner
permitted or required by this Ordinance. Chapter 1208, Texas Government Code, applies to the
issuance of the Certificates and the pledge o fad valorem taxes and the Surplus Revenues granted by
the City under Sections 8 and 9, and such pledge is therefore valid, effective, and perfected. If Texas
law is amended at any time while the Certificates are outstanding and unpaid such that the pledge of
the ad valorem taxes .... ; granted by the Cityis to he subject to the
filing requirements of Chapter 9, Texas Business & Commerce Code, then in order to preserve to the
registered owners of the Certificates the perfection of the security interest in said pledge, the City
agrees to take such measures as it determines are reasonable and necessary under Texas law to
comply w/th the applicable provisions of Chapter 9, Texas Business & Co...,erce Code and enable
a filing to perfect the security interest in said pledge to occur.
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Section 12. DEFEASANCE OF CERTIleICATES. (a) Defeased Certificates. That any
Certificate and the interest thereon shall be deemed to be paid, retired and no longer outstanding (a
"Defeased Certificate") within the meaning of this Ordinance, except to the extent provided in
subsection (d) of this Section, when payment of the principal of such Certificate, plus interest thereon
to the due date (whether such due date be by reason of maturity or otherwise) either (i) shall have
been made or caused to be made in accordance with the terms thereo~ or (ii) shall have been prox4ded
for on or before such due date by irrevocably depositing with or making available to the Paying
Agent/Registrar in accordance with an escrow agreement or other instrument (the "Future Escrow
Agreement") for such payment (1) lawful money of the United States of America sufficient to make
such payment or (2) Defeasance Securities that mature as to principal and interest in such amounts
and at such times as will insure the availability, without reinvestment, of suflScient money to provide
for such payment, and when proper arrangements have been made by the Issuer with the Paying
Agent/Registrar for the payment o fits services until all Defeased Certificates shall have become due
and payable. At such time as a Certificate shall be deemed to be a Defeased Certificate hereunder,
as aforesaid, such Certificate and the interest thereon shall no longer be secured by, payable fi-om, or
entitled to the benefits of~ the ad valorem taxes or revenues herein levied and pledged as provided in
this Ordinance, and such principal and interest shall be payable solely fi-om such money or Defeasance
Securities. Notwithstanding any other provision of this Ordinance to the conWary, it ~s hereby
provided that any determination no t to redeem Defeased Certificates that is made in conjunction with
the payment arrangements specified in subsection 12(a)(i) or (h~ shall not be irrevocable, provided
that in the proceedings providing for such payment arraagements, the Issuer expressly (1) reserves
the fight to call the Defeased Certificates for redemption; (2) gives notice of the reservation of that
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fight to the owners of the Defeased Certificates ium~liately following the making of the payment
arlangements; and (3) directs that notice of the reservation be included in any redemption no rices that
it authorizes.
0o) Investment tn Defeasance Securit/es. Any moneys so deposited with the Paying
Agent/Registrar may at the written direction of the Issuer be invested in Defeasance Securities,
maturing in the arr~unts and times as hereinbefore set forth, and all income fxom such Defeasance
Securities received by the Paying Agent/Registrar that is not required for the payment of the
Certificates aud interest thereon, with reslx~t to which such money has been so deposited, shall be
turned over to the Issuer, or deposited as directed in writing by the Issuer. Any Future Escrow
Agm'c-ment pursuant to which the money and/or Defeasance Securities are held for the payment of
Defeased Certificates may contain provisions permitting the investment or reinvestment of such
moneys in Defe-a~ance Securities or the substitution of other Defeasance Securities upon the
satisfaction of the requirements specified in subsection 12(a)(i) or (ii). All income fxom such
Defeasance Securities received by the Paying Agent/Registrar which is not required for the payment
of the Defeasod Certificates, with respect to which such money has been so deposited, shall be
remitted to the Issuer or deposited as directed in writing by the Issuer.
(c) Defeasance Securities Defined. The term "Defeasance Securities" means (i) direct,
noncallable obligations of the United S tares o fAmerica, including obligations that are unconditionally
guaranteed by the United States of America, (ii) noncallable obligations of an agency or
instrumentality of the United States of America, including obligations that are unconditionally
guaranteed or insured by the agency or instrumentality and that, on the date of the purchase thereof
are rated as to investment quality by a nationally recoLLmi~ed investment rating firm not less than AAA
or its equivalent, and (in) noncallable obligations of a state or an agency or a county, municipality,
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or other political subdivision of a state that have been refunded and that, on the date on the date the
governing body of the Issuer adopts or approves the proceedings authorizing the financial
arrangements are rated as to investment quality by a nationally recognized investment rating rum not
less than AAA or its equivalent.
(d) Paying Agent/Registrar Services. Until all Defcased Certificates shall have become
due and payable, the Paying Agent/Registrar shall perform the services of Paying Agent/Registrar for
such Defensed Certificates the same as ffthey had not been defeased, and the Issuer shall make proper
arrangements to provide and pay for such services as required by this Ordinance.
Section 13. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED
CERIIIqCATES. (a) Replacement Certificate~. That in the event any outstanding Certificate is
damaged, mutilated, lost, stolen, or destroyed, the Paying AgenffRegistrar shall cause to be printed,
executed, and delivered, a new certificate of the same principal amount, maturity, and interest rate,
as the damaged, mutilated, lost, stolen, or destroyed Certificate, in replacement for such Certificate
in the manner hereinafter provided.
(b) Application for Replacement Certificates. That application for replacement of damaged,
mutilated, lost, stolen, or destroyed Certificates shall be made bythe registered owner thereof to the
Paying Agent/Registrar. In every case of loss, theft, or destruction ora Certificate, the registered
owner applying for a replacement certificate shall fia--nish to the City and to the Paying
Agent/Registrar such security or indemnity as may be required by them to save each o fthem hm-mless
fi.om any loss or damage with respect thereto. Also, in every case of loss, theft, or destruction of a
Certificate, the registered owner shall furnish to the City and to the Paying Agent/Registrar evidence
to their satisfaction of the loss, theft, or destruction of such Certificate, as the case may be. In every
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case of damage or mutilation of a Certificate, the registered owner shall surrender to the Paying
Agent/Registrar for cancellation the Certificate so damaged or mutilated.
(c) No Default Occurred. That notwithstanding the foregoing provisions of this Section, in
the event any such Certificate shall have matured, and no default has occurred which is then
continuing in the payment of the principal of or interest on this Certificate, the City may authorize the
payment of the same (without surrender thereof except in the case of a damaged or mutilated
Certificate) instead o£issuing a replacement certificate, provided security or indemnity is filrni~hed
as above provided in this Section.
(d) Charge for Issuing Replacement Certificates. That prior to the issuance of any
replacement certificate, the Paying Agent/Registrar shall charge the registered owner of such
Certificate with all legal, printing, and other expenses in connection therewith. Every replacement
certificate issued pursuant to the provisions of this Section by virtue of the fact that any Certificate
is lost, stolen, or destroyed shall constitute a contiactual obligation of the City whether or not the
lost, stolen, or destroyed Certificate shall he found at any tlme~ or he enforceable by anyone, and shall
he entitled to all the benefits of this Ordinance equally and proportionately with any and all other
Certificates duly issued under this Ordinance.
(e) AuthorityforlssumgReplacementCertificates. That inaccorfla~e withClmpter 1206,
Texas Government Code, this Section of this Ordinance shall constitute authority for the issuance of
any such replacement certificate without necessity of further action by the City or any other body or
person, and the duty of the replacement of such certificates is hereby authorized and i ~mposed upon
the Paying Agent/Registrar, and the Paying Agent/Registrar shall authenticate and deliver such
Cea'tificates in the form and manner and with the effect, as provided in Section 5(a) of this Ordinance
for Certificates issued in conversion and exchange of other Certificates.
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Section 14. COVENANTS REGARDING TAX EXEMPTION. That the Citycovenants
to refrain from any action which would adversely affect, or to take such action as to ensure, the
treatment of the Certificates of Obligation as obligations descn3~ed ia Section 103 of the Code, the
interest on which is not includable in the "gross income" of the holder for purposes of federal income
taxation. In furtherance thereo~ the City covenants as follows:
(a) to take any action to assure that no more than 10 percent of the proceeds of
the Certificates of Obligation (less amounts deposited to a reserve fund, if any) are used for
any "private business use," as defined in section 141(b)(6) of the Code or, if more than 10
percent of the proceeds are so used, that amounts, whether or not received by the C~ty, with
respect to such private business use, do not, under the terms of this Ordinance or any
underlying arrangement, directly or indirectly, secure or provide for the payment of mere than
10 percent of the debt service on the Certificates of Obligation, in contravention of Section
141(bX2) of the Code;
(b) to take any action to assure that in the event that the "private business use"
descn'bed in subsection (a) hereof exceeds 5 percent of the proceeds of the Certificates of
Obligation (less amounts deposited into a reserve fund, if any) then the amouat in excess of
5 percent is used for a "private business use" which is "related" and not "disproportionate",
within the meaning of Section 141Co)(3) of the Code, to the governmental use;
(c) to take any action to assure that no amount which is greater than the lesser of
$5,000,000, or five pqrcent of the proceeds of the Certificates of Obligation (less amounts
deposited into a reserve fund, if any) is directly or indirectly used to finance loans to persons,
other than state or local governmental units, in contravention of Section 141 (c) of the Code;
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(d) to refrain from taking any action which would otherwise result in the
Certificates of Obligation being treated as "specified private activity bonds" within the
meaning of Section 141(b) of the Code;
(e) to reft-am from taking any action that would result in the Certificates of
Obligation being "federally guaranteed" within the lI~aning of section 149(10) of the Code;
(f) to refrain from using any portion of the proceeds of the Certificates of
Obligation, directly or indirectly, to acqttire or to replace funds which were used, directly or
indirectly, to acquire investment property (as defined in Section 148Co)(2) of the Code) which
produces a materially higher yield over the term of the Certificates of Obligation, other than
investment property acquired with --
(1) proceeds of the Certificates of Obligation invested for a reasonable
temporary period of three years or less until such proceeds are needed for the purpose
for which the Certificates of Obligation are issued,
(2) amounts invested in a bona fide debt service fired, w/thin the meaning
of Section 1.148-1(b) oftbe Treasury Regulations, and
(3) arr~tmts deposited in any reasonably required reserve or replacement
fired to the extent such amounts do not exceed 10 percent oftbe proceeds of the
Certificates of Obligation;
(g) to otherwise restrict the use oftbe proceeds of the Certificates of Obligation
or amounts treated as proceeds of the Certificates of Obligation, as may be necessary, so that
the Certificates of Obligation do not otherwise contravene the requirements of Section 148
of the Code (relating to arbitrage) and, to the extent applicable, Section 149(d) of the Code
(relating to advance refundings); and
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(h) to pay to the United States of America at least once during each five-year
period (beginning on the date of delivery of the Certificates of Obligation) an amount that is
at least equal to 90 percent of the "Excess Earnings," within the meaning of Section 148(0
of the Code and to pay to the United States of Amexica, not later than 60 days aRer the
Certificates of Obligation have been paid in full, 100 percent of the amount then required to
be paid as a result of Excess Earnings under Section 148(f) of the Code.
For purposes of the foregoing (a) and (b), the Issuer understands that the term ~proceeds" includes
~disposition proceeds" as defined in the Treasury Regulations and, in the case of refunding bonds,
transferred proceeds (ff any) and proceeds of the refunded bonds expended prior to the date of
issuance of the Certificates of Obligatinn_ It is the understanding of the City that the covenants con-
tamed herein are intended to assure compliance with the Code and any regulations or rulings
promulgated by the U.S. Department o fthe Treasury pursuant thereto. In the event that regulations
or ruling are hereatter promolgated which modify or expand provisions of the Code, as applicable to
the Certificates of Obligation, the City will not be required to comply with any covenant contained
herein to the extent that such failure to comply, in the opinion ofnationally-recoL, niTed bond counsel,
will not adversely affect the exemption from federal income taxation of interest on the Certificates
of Obligation under Section 103 of the Code. In the event that regulations or rulings are hereafter
promulgated which impose additional requirements which are applicable to the Certificates of
Obligation, the City agrees to comply with the additional requirements to the extent necessary, in the
opinion of nationally-reco~ni?ed bond counsel, to preserve the exemption from federal income
taxation of interest on the Certificates of Obligation under Section 103 of the Code. In furtherance
of such intention, the City hereby authorizes and dkects the Mayor, the City Manager and the
-21-
Director of Fioancial Services to execute any documents, certificates or reports required by the Code,
and to make such elections on behalf of the City which may be permitted by the Code as are
consistent with the purpose for the issuance of the Certificates of Obligation.
In order to facilitate compliance with clause (h) above, a "Rebate Fund" is hereby established
by the City for the sole benefit of the United States of America, and such Fund shall not be subject
to the claim of any other person, including without limitation the bondholders. The Rebate Fund is
established for the additional purpose of compliance with Section 148 of the Code.
Section 15. ALLOCATION OF, AND LIMITATION ON, EXPENDITURES FOR ~
PROJECT. That the Issuer covenants to account for the expenditure ofprocceds from the sale of
the Certificates and any investment earnings thereon to be used for the purposes desen'bed in Section
1 of this Ordinance (such purpose referred to herein and Section 16 hereof as a "ProJectn) on ~ts
books and records by allocating proceeds to expoaditures within 18 months of the later of the date
that (a) the expextdimxe on a Project is made or (b) such Project is completed. The foregoing
notwithstanding, the Issuer shall not expend such proceeds or investment earnings more than 60 days
after the earlier of(a) the fffih anniversary of the date of delivery of the Certificates or (b) the date
the Certificates axe retired, unless the Issuer obtains an opinion o fnationally-reco ?ized bend counsel
substantially to the effect that such expenditure will not adversely affect the tax-ex~mtJt status of the
Certificates. For purposes hereof; the Issuer shall not be obligated to comply with this covenant if
it obtaing an opinion that such failure to comply will not adversely affect the excludability for federal
income tax purposes from gross income of the interest.
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Section 16. DISPOSITION OF PROJECT. That the Issuer covenants that the prop~-ty
constituting a Project will not be soil or otherwise disposed in a transaction resulting in the receipt
by the Issuer of cash or other compensation, unless the Issuer obtains an opinion of nationally-
recogxfized bend counsel substantially to the effect that such sale or other disposition will not
adversely affect the tax-exempt status of the Certificates. For purposes of the foregoing, the portion
oftbe property comprising personal property and disposed in the ordinary course shall no t be treated
as a transaction resulting in the receipt of cash or other compensation~ For purposes hereof; the
Issuer shall not be obligated to comply with this covenant flit obl'ain~ an opinion that such failure to
comply will not adversely affect the excludability for federal income tax purposes fi.om gross income
of the interest.
Section 17_ CUSTODY, APPROVAL, AND REGISTRATION OF CERTIFICATES.
That the Mayor of the City is hereby authorized to have control of the Certificates initially issued and
delivered hereunder and all necessary records and proceedings pertaining to the Certificates pending
their delivery and their investigation, examination, and approval by the Attorney General o fthe S rate
of Texas, and their registration by the Comptroller of Public Accounts oftbe State of Texas. Upon
reg/stration of the Certificates said Comptroller of Public Accounts (or a deputy designated in w,ifing
to act for said Comptroller) shall manually sign the Comptroller's Registxation Certificate attached
to such Certificates, and the seal of said Comptroller shall be impressed, or placed in facsimile, on
such Comptroller's Reg/stration Certificate.
Section 18. SALE OF CERTIFICATES. (a) Sale to Underwriter. That the sale of the
Certificates to J.P. Morgan Securities Inc., as representative for the underwriters named in the Bond
Purchase Agreement (the "Purchase Agreement") between the City and the underwriters named
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thereto (the "Underwritm's"), at the purchase price descnlx:d in the Purchase Agreement, is hereby
authorized, ratified and confirmed. One Certificate in the principal amount maturing on each maturity
date as set forth in Section 2 hereof shell be delivered to the Underwhters, and the Underwriters shall
have the right to exchange such certificates as provided in Section 5 hereof without cost.
Co) Execution of Purchase Agreement. T'aat the Purchase Agreement setting forth the terms
of the sale of the Certificates to the Uaderwriters, in substantially the form attached to this Orclina nce,
is hereby accepted, approved and authorized to be delivered in executed form to the Underwriters.
(c) Bondlnsurance. The Mayor, City Manager and the Director of Fiscal Services each is
authorized, in connection with effectmg the sale of the Certificates, to obtain fi-om
(the "Insurer") a municipal bond insurance policy in support of the Certificates.
To that end, for so long as such policy is in effect, the requirements of the Insurer rehting to the
issuance of said policy ~s incorporated by reference mm this ordinance and made a part hereof for
all purposes, notwithstanding any other provision of this Ordinance to the contxavj.
Section 19. APPROVAL OF OFFICIAL STATEMENT. That the "Official Statement"
prepared in connection with the sale of the Certificates, in substantially the form attached to this
Ordinance, is hereby accepted, approved and authorized to he delivered in executed form to the
Underwriters. The use of the "Preliminary Official Statement" prepared in connection with the sale
of the Certificates is hereby ratified.
Section 20. CONTINUING DISCLOSURE OBLIGATION. (a) Definitions. As used
in this Section, the following terms have the meanings ascnlxxt to such terms below:
"MSRB" means the Municipal Securities Rulemaking Board
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'2qRMSIR" means each person whom the SEC or its staffhas determined to be a
nationally recogni?ed municipal securities information repository within the meaning of the Rule fi.om
time to time.
"Rule" means SEC Rule 15c2-12, as amended fi.om time to time.
"SEC" means the United States Securities and Exchange Comudssion.
"SID" means any person designated by the State of Texas or an authorized
depmtm~nt, officer, or agency thereof as, and determined by the SEC or its staff to be, a state
information depository within the meaning of the Rule fi.om time to time.
(b) Annual Reports. (i) The City shall provide annually to each NRMSIR and any SID,
within six months after the end of each fiscal year ending in or after 2004, financial information and
operating data w/th respect to the City of the general type included in the final Official Statement
authorized by Section 19 ofthi~ Ordinance, being the information desc'nbed in Exlnbit B hereto. Any
financial statements so to be provided shall be (1) prepared in accordance with the accounting
principles descnlxxl in Extnbit B hereto, or such other accounting principles as the City may be
required to employ fi.om time to time pursuant to state law or regulation, and (2) audited, if the City
comminsions an audit of such statements and the audit is completed within the period during which
they must be provided_ If the audit of such financial statements is not complete within such [:~-iod,
then the City shah provide unaudited financial statements by the required time, and shall provide
audited financial statements for the applicable fiscal year to each NRMSIR and any SID, when and
if the audit report on such statements become available.
(h') If the City changes its fiscalyear, it will notify each NRMSIR and any SID of the change
(and of the date of the new fiscal year end) prior to the next date by which the City otherwise would
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be required to provide financial information and operating data pursuant to this Section_ The financial
information and operating data to be provided pursuant to this Section may be set forth in full in one
or more documents or maybe included by specific reference to any docttment (including aa official
statement or other offering document, flit is available fxom the MSRB) that theretofore has been
provided to each NRMSIR and any SID or filed with the SEC.
(c) Material Event Notices. The City shall notify any SID and either each NRMSIR or the
MSRB, in a timely manner, of any of the following events with respect to the Certificates of
Obligation, if such event is material within the meaning oftbe federal securities laws:
1 Principal and interest payment delinquencies;
2. Non-payment related defaults;
3. Unscheduled draws on debt service reserves reflecting financial dit~x:ulties;
4. Unscheduled draws on credit enhancements reflecting financial dif~culties;
5. Substitution of credit or liquidity providers, or their failure to perform;
6. Adverse tax opinions or events affecting the tax-ex~mpt status of the
Certificates of Obligation;
7. Modifications to rights of holders of the Certificates of Obligation,
8. Certificates of Obligation calls;
9. Defeasances;
10. Release, substitution, or sale of property securing repayment of the
Certificates of Obligatinn, and
11. Rating changes.
The City shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any
failure by the City to provide financial information or operating data in accordance with subsection
(b) of this Section by the time required by such subsectiom
(d) Limitations, Disclaimers, and Amendments. (~ The City shall be obligated to observe
and perform the covenants specified in this Section for so long as, but only for so long as, the City
remains an "obligated person" with respect to the Ccrtificates o fObligatinn within the meaning of the
Rule, except that the City m any event will give notice of any deposit made in accordance with this
Ordinance or applicable law that causes Certificates of Obligation no longer to be outstandhag.
(ii) The provisions of this Section are for the sole benefit of the registered owners and
beneficial owners of the Certificates of Obligation, and nothing in this Section, express or imp, lied,
shall g/ye any benefit or any legal or equitable fight, remedy, or claim hereunder to any other person.
The City undertakes to provide only the financial information, operating data, financial statements,
and notices which it has expressly agreed to provide pursuant to this Section and does not hereby
undertake to provide any other information that may be relevant or material to a complete
presentation of the City's financial results, condition, or prospects or hereby undertake to update any
information provided in accordance with this Section or otherwise, except as expressly provided
herein_ The City does not make any representation or warranty concerning such information or its
usefulness to a decision to invest in or sell Certificates of Obhgation at any future date.
(iii) UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO ~
REGISTERED OWNER OR BENEFICIAL OWNEROF ANY CERTIFICATE OF OBLIGATION
OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN
WHOLE OR IN PART FROM ANY BREACH BY THE CITY, WHETHER NEGLIGENT OR
WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIYTED IN THIS SECTION, BUT
EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR
ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR
MANDAMUS OR SPECIFIC PERFORMANCE_
0v) No default by the City m observing or performing its obhgatioas under this Section shall
comprise a breach of or default under the Ordinance for purposes of any other provision of this
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Ordinance. Nothing mthis Section is intended or shall act to disclaim, waive, or otherwise limit the
duties of the C~ty under federal and state securities laws.
(v) The provisions of this Section may be amended by the City fi.om time to time to adapt to
changed circnm~:ances that arise fi-om a change in legal requirements, a change in law, or a change
ia the identity, nature, stares, or type of operations of the City, but only fi(l) the provisions of this
Section, as so amended, would have pemaitted an underwriter to purchase or sell Certificates of
Obligation in the p~ imary o fferiog of the Certificates of Obligation in compliance w/th the Rule, taking
into account any amendments or interpretations of the Rule since such offering as well as such
changed cirenmntances and (2) either (a) the registered owners of a majority ia aggregate principal
amount (or any greater amount required by any other provision o fthis Ordinance that authorizes such
an amendment) of the outstanding Certificates of Obligation consent to such amendment or (b) a
peyotl ttklt is unaffiliated with the City (such as nationally reco~m~i?ed belid counsel) determined that
such amendment will not materially i,,,l,air the interest oftbe registered owners and beneficial owners
of the Certificates of Obligation- Iftbe C~ty so amends the provisions of this Section, it shall include
with any amended financial information or operating data next provided in accordance with
subsection (b) of this Section an explanation, in narrative form, of the reason for the amendment and
of the i,-l,act of any change in the type of financial information or operating data so provided. The
City may also amend or repeal the provisions of this continuing disclosure agreement ffthe SEC
arnend~ or repeals the applicable provision of the Rule or a court of final jurisdiction enters judgment
that such provisions of the Rule are invalid, but only if and to the extent that the provisions of this
sentence would not prevent an underwriter fi'om lawfully purchasing or selling Certificates of
Obligation in the primary offering of the Certificates of Obligation.
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Section 21. DTC REGISTRATION. That the Certificates of Obligation initially shall be
issued and delivered in such manner that no physical distribution of the Certificates of Obligation will
be made to the public, and The Depository Trust Company ("DTC"), New York, New York, initially
will act as depository for the Certificates of Obligation. DTC has represented that it is a limited
purpose trust company incorporated under the laws of the State of New York, a member of the
Federal Reserve System, a "clearing corporation" within the meaning of the New York Uniform
Commercial Code, and a "clearing agency" registered under Section 17A of the Securities Exchange
Act of 1934, as amended, and the City accepts, but in no way verifies, such representations. The
Certificates of Obligation initially authorized by this Ordinance shall be delivered to and registered
in the name. of CEDE & CO., the nominee of DTC. It is expected that DTC will hold the Certificates
of Obligation on behalf of the Underwriters and their respective participants. So long as each
Certificate of Obligation is registered in the name of CEDE & CO., the Paying Agent~Registrar shall
treat and deal with DTC the same in all respects as flit were the actual and beneficial owner thereo£
It is expected that DTC will maintain a book-entry systc'm which will identify ownership of the
Certificates of Obligation in integral amounts of $5,000, with transfers of ownership being effected
on the records of DTC and its participants pursuant to rules and regulations established by them, and
that the Certificates of Obligation initially deposited with DTC shall be i,,,,,,obihzed and not be further
exchanged for substitute Certificates of Obligation except as hereinat~er provided. The City is not
respons~le or liable for any functions of DTC, will not be respons~le for paying any fees or charges
with respect to its services, will not be responsible or liable for mainta'ming, supervising, or reviewing
the records of DTC or its participants, or protecting any interests or rights of the beneficial owners
of the Certificates of Obligation. It shah be the duty of the DTC Participants, as defined m the
Official Statement herein approved, to make all arrangements with DTC to establish this book-entry
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system, the beneficial ownership of the Certificates of Obligation, and the method of pay/rig the fees
and charges of DTC. The City does not represent, nor does it in any way covenant ttmt the initial
book-entry system established with DTC will be maintained in the future. Notwithstanding the initial
establishment of the foregoing book-entry system with DTC, if for any reason any of the originally
delivered Certificates of Obligation is duly filed with the Paying AgenffRegistxar with proper request
for transfer and substitution, as provided for in this Ordinance, substitute Certificates of Obligation
will be duly delivered as provided in thi~ Ordinance, and there will he no assurance or representation
that any book-entry system will be maintained for such Certificates o fObllgation. In conneetion with
the initial establishment of the foregoing book-entry system with DTC, the City heretofore has
executed a "Blanket Letter of Representations" prepared by DTC in order to implement the book-
~ntry system descn'bed above_
Section 22. INTEREST EARNINGS; PREMIUM. Interest earnings derived fi.om the
investment of proceeds fi.om the sale of the Certificates shall be used along with other proceeds for
the construction of the permanent improvmnents set forth in Section 1 hereof for which the
Certificates are issued; provided that after completion of such peaxnanont improvements, if any of
such interest earnings remain on hand, such interest earnings shall be deposited in the Interest and
Sinking Fund. It is further provided, however, that any interest earnings on proceeds which are
required to be rebated to the United States of America pursuant to this Ordinance hereefin order to
prevent the Certificates fi.om being arbitrage bonds shall he so rebated and not considered as interest
earnings for the purposes ofthi~ Section~ All premium received in connection with the sale of the
Certificates shall be used in a manner consistent with the provisions of Section 1201.029, Texas
Go'~maent Code. The City Council hereby finds that the sum of the aggregate principal amount of
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the Certificates and premium, ffany, received as part of the purchase price for the Certificates to be
expended for the construction of the permanent improvements set forth m Section 1 hereof will not
exceed the maximum amount of Certificates authorized to be sold in the notice of intention published
in connection with the sale of the Certificates.
Section 23. CONFLICTING PROCEEDINGS. That all ordinances and resolutions or
parts thereof in conflict herewith are hereby repealed.
Section 24. OFFICIALS AUTHORIZE~D TO ACT ON BEI]ALF OF TH ~: CITY. That
the Mayor, the City Secretary, the City Manager, any Assistant City Manager or the Director of
Financial Services of the City, and all other officers, employees, and agents of the City, and each of
them, shall he and they are hereby expressly authorized, empowered, and directed fi.om time to time
and at any time to do and perform all such acts and things and to execute, acknowledge, and deliver
in the name and under the seal and on hehalf of the City all such instruments, whether or not herein
mentioned, as may he necessary or desirable in order to carry out the terms and provisions of this
Ordinance, the Certificates, the offering documents prepared in connection with the sale of the
Certificates, or the Paying Agent/Registrar Agreement. In case any officer whose signature appears
on any Certificate shall cease to be such officer before the delivery of such Certificate, such signature
shall nevertheless be valid and sufficient for all purposes the same as ffhe or she had rema/ned in
office until such delivery.
Section 25. RULES OF CONSTRUCTION. That for allpurposes oftlus Ordinance, unless
the context requkes otherwise, all references to designated Sections and other subdivisions are to the
Sections and other subdivisions of this Ordinance. The words "herein", "hereoff and "hereunder"
and other words of similar import refer to this Ordinance as a whole and not to any particular Section
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or other subdivision. Except where the context otherwise requires, terms defined in this Ordinance
to impart the singular number shall be considered to include the plural number and vice versa.
References to any named person means that party and its successors and assigns References to any
constitutional, statutory or regulatory prov/sion means such provision as it exists on the date this
Ordinance is adopted by the City and any future amendments thereto or successor provisions thereof.
Any reference to the payment of principal in this Ordinance shall be deemed to include the payment
o f any mandatory sinking fund redemption payments as descnl~ed hereim Pray reference to "FORM
OF CERTIFICATE" shall refer to the form o fthe Certificates set forth in Extu'bit A to this Ordlna nce.
The titles and headings of the Sections and subsections of this Ordinance have been inserted for
convenience of reference only and are not to be considered a part hereof and shall not m any way
modify or restrict any of the terms or provisions hereof
Section 26. IMMEDIATE EFFECT_ That in accordance with the provisions of V.T.C.A.,
Government Code, Section 1201.028, this Ordinance shall be effective ;,, ,,, ,,~diat ely upon it s adoption
by the City Council_
ADOPTED this 29th day of June, 2004.
ATI'EST:
Mayor, City of Corpus Christi, Texas
City Secretary, City of Corpus Christi, Texas
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APPROVED THIS 29TH DAY OF JUNE, 2004:
MARY KAY FISCHER, CITY ATTORNEY
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FORM OF CERTIFICATE
NO. R- UNrrED STATES OF AMERICA $
STATE OF TEXAS
COUNTIES OF NUECES AND SAN PATRICIO
CITY OF CORPUS CHRISTI, TEXAS
COMBINATION TAX AND SOLID WASTE
REVENUE CERTIFICATE OF OBLIGATION
SERIES 2004
INTEREST RATE ORIGINAL ISSUE DATE CUSIP
% July 1, 2004
ON THE MATURITY DATE sp~ified above, THE CITY OF CORPUS CHRISTI,
TEXAS (the "City" or the "Issuer"), being a political subdivision of the State of Texas, hereby
promises to pay to (hereinafter called the 'registered owner") the
principal amount of
DOLLARS
and to pay interest thereon fxom the Oriffinal Issue Date specified above, on March I, 2005, and
semiannually on each September I and Mamh 1 thereafter to the maturity date specified above or
the date of its redemption prior to scheduled maturity, at the interest rate per annum specified
above; except that if this Certificate is required to be authenticated and the date of its
authentication is later than March 1, 2003, such interest is payable semiannually on each
September 1 and March 1 following such date.
THE PRINCIPAL OF AND INTEREST ON this Certificate are payable in lawful money
of the United States of America, without exchange or collection charges. The principal of this
Certificate shall be paid to the registered owner hereof upon presentation and surrender of this
Certificate at maturity, or upon the date fixed for its redemption prior to maturity, at the
corporate trust office in (the "Designated Trust Office") of
(the "Paying Agent/Registrar"). The payment of interest on this Certifi-
cate shall be made by the Paying AgenffRegistrar to the registered owner hereof as shown by the
Registration Books kept by the Paying Agent/Registrar at the close of business on the 15th day of
the month next preceding such interest payment date by check drawn by the Paying
Agent/Registrar on, and payable solely fi:om, funds oftbe Issuer required to be on deposit with
the Paying Agent/Registrar for such purpose as hereinafter provided; and such check shall be sent
by the Paying Agent/Registrar by United States mail, flint-class postage prepaid, on each such in-
terest payment date, to the registered owner hereof at its address as it appea~ on the Registration
Books kept by the Paying AgenffRegistrar, as hereinatter descn'bed, or by such other method,
acceptable to the Paying AgenffRegistrar, requested by, and at the risk and expense of; the
regtstered owner. The Issuer covenants with the registered owner ol~ this Certificate that no later
than each principal payment and/or interest payment date for this Certificate it will make available
to the Paying Agent/Registrar fi.om the Interest and Sinking Fond as defined by the ordinance
authorizing the Certificates (the "Certificate Ordinance") the amounts required to provide for the
payment, in immediately available funds, of all principal of and interest on the Certificates, when
due.
IF THE DATE for the payment of the principal of or interest on this Certificate shall be a
Saturday, Sunday, a legal hohday, or a day on which banking institutions in the city where the
Desi~nated Trust Office of the Paying AgentfRegistrar is located are authorized by law or ex-
ecutive order to close, or the United States Postal Serv/ce is not open for business, then the date
for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal
holiday, or day on which banking institutions are authorized to close, or the United States Postal
Service is not open for business; and payment on such date shall have the same force and effect as
ffmade on the original date payment was due. Notwithstanding the foregoing, during any period
in which ownership of the Certificates is determined only by a book entry at a securities
depository for the Certificates, any payment to the securities depository, or its nominee or
registered assigm, shall be made in accordance with existing arrangements between the Issuer and
the securities depository.
THIS CERTIFICATE is one of a Series of Certificates (the "Certificates") dated the
Original Issue Date specified above, authorized in accordance with the Constitution and laws of
the State of Texas in the principal amount of $6,850,000 FOR THE PURPOSE OF PROVIDING
PART OF THE FUNDS FOR PAYING CONTRACTUAL OBLIGATIONS TO BE
INCURRED FOR THE CITY, TO-WIT: the construction of improvements to the Ci~s solid
waste facilities, including; without limitation, paying contractual obligations to be incurred with
respect to the development of the Cefe Valenzuela landfill in the vicinity of County Road 57 and
FM 2a. 44 and the construction of a drainage culvert south of said landfill site at FM 70 relating to
the development of said landfill; and the payment for fiscal, engineering and legal fees incurred in
connection therewith.
ON MARCH 1, 20__, or on any date thereafter, the Certificates of this Series maturing on
March 1, 20__ and thereafter may be redeemed prior to their scheduled maturities, at the option
of the Issuer, with funds derived from any available and lawful source, as a whole, or in part
(provided that a portion ora Certificate may be redeemed only in an integral multiple of $5,000),
at par and accrued interest to the date fixed for redemption The years of maturity of the
Certificates called for redemption at the option of the Issuer prior to stated maturity shall be
selected by the Issuer. The Certificates or portions thereof redeemed within a maturity shall be
selected at random and by lot by the Paying AgenffRegistrar; provided, that during any period in
which ownership of the Certificates is detenuined only by a book entry at a securities depository
for the Certificates, ff fewer than all of the Certificates of the same maturity and bearing the same
interest rate are to be redeemed, the particular Certificates of such maturity ami bearing such
interest rate shall be selected in accordance with the arrangements between the Issuer and the
securities depository.
~ CERTIFICATES are also subject to mandatory red~mlJtion in part by lot pursn~ant to
the terms of the Certificate Ordinance, on March 1 in each of the years ., with respect to
Certificates maturing March 1, 20~ in the following years and in the following amounts, at a
price equal to the principal amount thereof and accrued and unpaid interest to the date of
redemption, without premium:
Principal Amount (S)
*Final Maturity
To the extent, however, that Certificates subject to sinking fund red;mlJtion have been previously
purchased or called for redemption in part and otherwise than fi.om a sinking fund red~ml~tion
payment, each annual sinking fund payment for such Certificate shall be reduced by the amount
obtained by multipbfing the principal amount of Certificates so purchased or redeemed by the ratio
which each remaining sinking fund redemption payment for such Certificates beats to the total
remaining sinking fund payments, and by rounding each such payment to the neaxest $5,000
integral; provided, that during any period in which ownership of the Certificates is determined
only by a book entry at a securities depository for the Certificates, the particular Certificates to be
called for mandatory redemption shall be selected m accordance with the arrangements between
the Issuer and the securities depository.
AT LEAST 30 days prior to the date fixed for any such redumption, (a) a wxitten notice of
such re&relation shall be given to the registered owner of each Certificate or a portion thereof
being called for redemption by depositing such notice in the umted States mail; fil~t-claas postage
prepaid, addressed to each such registered owner at his address shown on the Registration Books
of the Paying Ageot/Registrar and (b) notice of such redemption shall be published one (1) time in
a financial journal or pubhcation of general circulation in the United States of America or the
State of Texas can3&ag as a regular feature notices of municipal bonds called for redemption,
provided, however, that the failure to send, mail. or receive such notice descn'bed in (a) above, or
any defect thereto or in the sending or mailing thereof; shall not affect the validity or effectiveness
of the proceedings for the redemption of any Certificate, and the Certificate Ordinance provides
that the publication ofnotiec as described in (b) above shall he the only notice actually required in
connection with or as a prerequisite to the redemption of any Certificates. By the date fixed for
any such redemption due provision shall he made by the Issuer w/th the Paying Agent/Registrar
for the payment of the required redemption price for this Certificate or the portion bereofwhich is
to be so redeemed, plus accrued interest thereon to the date fixed for redemption. If such notice
of redemption is given, and ffdue provision for such payment is made, all as provided above, this
Certificate, or the portion hereof which is to be so redeemed, thereby automatically shag be
redeemed prior to its scheduled maturity, and shall not bear interest aRer the date fixed for its
redemption, and shall not be regarded as being outstanding except for the right of the registered
owner to receive the redemption price plus accrued interest to the date fixed for redemption fi.om
the Paying Agent/Registrar out of the funds provided for such payment. The Paying
Agent/Registrar shall record in the Registration Books all such redemptions of principal of this
Certificate or any portion hereo£ If a portion of any Certificate shall be redeemed a substitute
Certificate or Certificates having the same maturity date, beating interest at the same rate, in any
denomination or denominations in any integral multiple of $5,1g0, at the written request of the
registered owner, and m aggregate principal amount equal to the unredeemed portion thereof; will
be issuedto the registered owaer upon the surrender thereof for cancellation, at the expense of the
Issuer, all as provkled in the Certificate Ordinance.
ALL CERTIFICATES OF THIS SERIES are issuable solely as fully registered
certificates, without interest coupons, in the denomination of any integral multiple of $5,000. As
provided in the Certificate Ordinance, this Certificate, or any unredeemed portion hereof, may, at
the request of the registered owner or the assignee or assignees hereof; be assigned, transferred,
and exchanged for a lake aggregate prmctpal amount of fully registered certificates, without
interest coupons, payable to the appropriate registered owner, assignee, or assignees, as the case
may be, having the same maturity date, and bearing interest at the same rote, in any denomination
or denominations in any integral multiple of $5,000 as requested in writing by the appropriate
registered owner, assignee, or assignees, as the case may be, upon surrender of this Certificate to
the Paying Agent/Registrar at its Designated Trust Office for cancellation, all in accordance with
the form and procedures set forth in the Certificate Ordinance. Among other requirements for
such assignment and transfer, this Certificate must be presented and surrendered to the Paying
Agent/Registrar, together with proper instruments of assignment, m form and with guarantee of
signatures satisfactory to the Paying Agent/Registrar, evidencing assignment of this Certificate or
any portion or portions hereof m any integral multiple of $5,000 to the assignee or assignees in
whose name or names this Certificate or any such portion or portions hereof is or are to be
transferred and registered. The form of Assignment printed or endorsed on this Certificate may
be executed by the registered owner to evidence the assignment hereof; but such method is not
exclusive, and other instruments of assJ~tLmment satisfactory to the Paying Agent/Registrar may be
used to evidence the assi~ment of this Certificate or any portion or portions hereof fi'om time to
time by the registered owner. The Issuer shall pay the Paying Agent/Registrars reasonable
standard or customary fees and charges for transferring and exchanging any Certificate or portion
thereof. In any circumstance, any taxes or governmental charges required to be paid with respect
thereto shall be paid by the one requesting such assig~uent, Uransfer, or exchange as a condition
precedent to the exercise of such privilege. In any cireumqtance, neither the Issuer nor the Paying
AgenffReg/strar shall be required (1) to make any transfer or exchange during a period beginning
at the opening ofbnsiness 30 days before the day of the first mailing of a notice ofrede~x~tion of
certificates and ending at the close of business on the day of such mailing, or (2) to transfer or
exchange any certificates so selected for re&,mJtion when such re&~tion is scheduled to occur
within 30 calendar days.
WHENEVER the beneficial ownership of this Bond is determined by a book entry at a
securities depository for the Certificates, the foregoing requirements of holding, delivering or
tramf~ning this Certificate shall he modified to require the appropriate person or entity to meet
the requirements of the securities depository as to registering or transferring the book entry to
produce the same effect.
IN THE EVENT any Paying Agent/Registrar for the Certificates is changed by the Issuer,
resigns, or othenvise ceases to act as such, the Issuer has covenanted in the Certificate Ordinance
that it promptly will appoint a competent and legally qualified substitute therefor, and cause
written notice thereof to be mailed to the registered owners of the Certificates.
BY BECOMING the registered owner of this Certificate, the registered owner thereby
acknowledges all of the terms and provisions of the Certificate Ordinaace, agrees to be bound by
such terms and provisions, acknowledges that the Certificate Ordinance is duly recorded and
available for inspection in ~ official minutes and records of the Issuer, and agrees that the terms
and provisions of this Certificate and the Certificate Ordinance constitute a contract between each
registered owner hereof and the Issuer.
IT IS HEREBY certified, recited and covenanted that this Certificate has been duly and
validly authorized, issued, mad delivered; that all acts, conditions, and things required or proper to
be performed, exist, and be done precedent to or in the authorization, ~s.mance, and delivery of
this Certificate have been performed, existed, and been done in accordance with law; that this
Certificate is a direct obligation of the City, issued on the full faith and credit thereof; that anmml
ad valorem taxes sufficient to provide for the payment of the interest on and principal of this
Certificate, as such interest comes due and such principal matures, have been levied and ordered
to be levied against all taxable property m the City, and have been pledged for such payment,
within the limit prescribed by law; and that the "Available Hotel Occupancy Taxes" (as defined in
the Certificate Ordinance) remaining after payment of all other obligations now or hereafter
payable therefrom, as provided in the Certificate Ordinance, have been pledged as additional
security for the Certificates.
[Iq 'WITNESS WHEREOF, thin Certificate has been signed with the manual or facsimile
signature of the Mayor of the City, attested by the manual or facsimile signature of the City
Secretary of the City, and the official seal of the City has been duly affixed to, impressed, or
placed in facsimile, on this Certificate.
City Secretary, City of
Corpus Chris~ Texas
Mayor, City of Corpus Christi, Texas
(SEAL)
FORM OF PAYING AGENT/KEGISTRAR'S AUTHENTICATION CERTIFICATE
PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
It is hereby certifed that this Certificate of Obligation has been issued under the provisions
of the Certificate Ordinance described on the face of this Certif~cate of Obligation~ and that this
Certificate of Obligation has been issued in exchange for or replacement of a certificate of
obligation, certificates of obligation, or a portion of a certificate of obligation or certificates of
obligation of an issue which originally was approved by the Attorney General of the State of
Texas and registered by the Comptroller of Public Accounts of the State of Texas.
Dated
By
Authorized Representative
FORM OF ASSIGNMENT
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned hereby sells,
assigns and transfers unto
(Please insert Social Security or Taxpayer Identification Number of Transferee)
/ /
(Please print or typewrite name amt address, including
zip code of Transferee)
the within Certificate of Obligation and all rights
thereunder, and hereby irrevocably constitutes and appoints
attorney to register the transfer of the within Certificate
of Obligation on books kept for registration thereof; with
full power of substitution in the premises.
Dated:
Signature Guaranteed:
NOTICE: Signature(s) must
be guaranteed by a membex
firm of the New York Stock
Exchange or a co,,,,,~xcial
bank or trust company.
NOTICE: The signature above must
correspond with the name of the
Registered Owner as it appears upon
the ~ont of this Certificate of Obligation
in every particular, without alteration or
or enlargement or any change whatsoever.
*FORM OF COMPTROLLER'S CERTIFICATE ATTACHED TO
THE CERTIFICATES UPON INITIAL DELIVERY THEREOF
OFFICE OF COMPTROLLER
STATE OF TEXAS
REGISTER NO.
I hereby certify that there is on file and of record in my office a certificate of the Attorney
General of the State of Texas to the effect that this Certificate has been exam/ned by him as
required by law, and that he finds that it has been issued in conformity with the Constitution and
laws of the State of Texas, and that it is a valid and binding obligation of the City of Corpus
Christi, Texas, payable in the manner provided by and in the ordinance authorizing same, and said
Certificate has this day been registered by me.
WITNESS MY HAND and seal of office at Austin, Texas this
(SEAL)
Comptroller of Public Accounts of
the State of Texas
NOTE TO PRINTERz
*~ not to be on certificate
Exhibit B
to
Ordinance
DESCRIPTION OF ANNUAL FINANCIAL INFORMATION
The following information is referred to in Section 20 of this Ordinance.
Annual Financial Statements and Opexatml~ Data
The financial information and operating data with respect to the City to be prov/ded
annually in accordance with such Section are as specified (and included in the Appendix or under
the headings oftbe Official Statement referred to) below:
Appendix A, under the headings: "Debt Payable fi.om Taxes", "General Fund Revenues",
"General Expenses", "Ad Valorem Taxes", 'qVIunieipal Hotel Occupancy Taxes", "Solid
Waste Operations", and "The Tax Increment Financing Act"; and
Appendix C, "Combined Financial Statements of the City of Corpus Christi, Texas for the
Fiscal Year ended July 31, 2003.
Accountinl~ Principles
The accounting principles referred to in such Section are the accounting principles
descnbed in the notes to the financial statements referred to in paragraph 2 above.
THE STATE OF TEXAS
COUNTIES OF NUECES AND SAN PATRICIO
CITY OF CORPUS CHRISTI
I, the undersigned, City Secretary of the City of Corpus Christi, Texas, do hereby certify
that the above and foregoing is a true, full and correct copy of an Ordinance passed by the City
Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the 29th
day of June, 2004, autbo6:ring the issuance of $6,850,000 Combiaatinn Tax and Solid Waste
Revenue Certificates of Obligatinn, Series 2004, which ordinance is duly of record in the minutes
of said City Council, and said meeting was open to the public, and public notice of the time, place
and purpose of said meeting was given, all as required by Texas Government Code, Chapter 551.
EXECUTED UNDER MY HAND AND SEAL of said City, this the 29th day of June,
2004.
City Secretary, City of Corpus Christi, Texas
(SEAL)
28
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: June 29, 2004
AGENDA ITEM: Ordinance authorizing the City Manager, or designee, to cancel
(terminate) the five-year concession services lease (that commenced May 27, 2001 )
with Prince (Mel's) Catering at both the Dso Beach Municipal Golf Course and the
Gabe Lozano Sr. Golf Center; and declaring an emergency.
ISSUE: The contractor for the golf course snack bars is delinquent in his payments
and has not responded to agreed deadlines for payment. The contractor has also
been unresponsive to regular phone calls and has failed to meet with staff about
concerns related to customer service, product and operating hours.
REQUIRED COUNCIL ACTION: Action is required to terminate the food and
beverage lease with Mel's Catering (also known as Pdnce Catering.)
PRIOR COUNCIL ACTION: The City Council approved the five-year food and
beverage lease with Mel's Catering (also known as Pdnce Catering) on March 27,
2001 by Ordinance 024406.
RECOMMENDATION: Staff recommends termination of the lease.
ADDITIONAL SUPPORT MATERIAL
Background Information []
Ordinance []
se, Assistant City Manager/
Intedm Director of Park and Recreation
BACKGROUND INFORMATION
BACKGROUND: Prince Catering won the bid for a five-year lease for the food and
beverage concession at the Gabe Lozano Sr. Golf Center and the Oso Beach Municipal
Golf Course. A Request for Proposals (RFP) was issued and Prince Catering was the
bidder with the best proposal and highest fee payments. A request for a name change to
Mel's Catering for the contractor was submitted on April 19, 2001.
The contractor has been late many times on their payments to the City according to the
contract terms. Much leniency was given to the contractor and fees were reduced in
October, 2001 as a result of both proposal ambiguities and clerical error. These reduced
fees are in arrears.
While the contractor has requested an amendment to his contract to reduce his percentage
payment to the City due to gol[ round reductions, staff requested that the contractor bdng
his account up to date before submitting his request to Council.
Staff has attempted to work with the contractor for more than six (6) months trying to bdng
the outstanding balance current. A meeting was held with the contractor as recent as
April, 2004. At that meeting the contractor agreed to become current with his payments
within 30 days. Because staff has been unsuccessful in receiving payment, staff is
recommending the termination of the contract.
Staff has requested several customer service changes that were agreed to but not
accomplished. Among them was to open on time regularly. Staff was unable to get the
contractor to post his hours so staff posted them. There have been many complaints
concerning product and cleanliness voiced by the Greens Committee and numerous
golfers. These concerns have not been addressed by the contractor.
The contractor is non-responsive to phone contacts. Messages are routinely left on the
contractor's answering machine but calls are not returned.
Notification to the contractor informing him of the date this issue was to be placed on the
Council Agenda was faxed to his business, dropped off at each snack bar, and sent by
Postal Service first class and c_,edified mail.
Page 1 of 2
AN ORDINANCE
AUTHORIZING THE crrY MANAGER, OR DESIGNEE, TO CANCEL
(TERMINATE) THE FIVE-YEAR CONCESSION SERVICES LEASE
(THAT COMMENCED MAY 27, 2001) WITH PRINCE (MEL'S)
CATERING AT BOTH THE OSO BEACH MUNICIPAL GOLF COURSE
AND THE GABE LOZANO SR. GOLF CENTER; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. That the City Council authorizes the City Manager, or designee, to cancel
(terminate) the five-year concession services lease (that commenced May 27, 2001)
with Pdnce (Mers) Catering ("Concessionaire") at both the Oso Beach Municipal Goff
Course and the Gabe Lozano Sr. Golf Center; the cancellation (termination) shall be
under Section 11. (4) of the lease that gives the City the right at any time to cancel
(terminate) the lease without cause upon sixty (60) days written notice to
Concessionaire.
SECTION 2. 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 need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule as to consideration and voting upon ordinances at
two regular meetings so that this ordinance is passed upon first reading as an
emergency measure on this 29~ day of June, 2004.
A"I-FEST:
THE CITY OF CORPUS CHRISTI
Arrnando Chapa
City Secretary
Senior Assistant City Attorney
For City Attorney
Samuel L. Neal, Jr.
Mayor
Page 2 of 2
Corpus Christi, Texas
day of June, 2004.
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings. I/we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully,
Respectfully,
Samuel L. Neal, Jr., Mayor
The City of Corpus Chdsti
Council Members
The above ordinance was passed 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 Sco~t
29
NO ATTACHMENT FOR THIS ITEM