HomeMy WebLinkAboutAgenda Packet City Council - 09/14/2004CITY COUNCIL AGENDA
SEPTEMBER 14, 2004
Corpus Christi
AII-AmedcaCity
11:45 A.M. - Proclamation declaring September 16, 2004 as 'Diez y Seis de SeplJernbre Celebration Day"
ProciarnatJon declaring September 12-18, 2004 as "Junior Achievement Awareness Week'
Proclamation declaring September 17-23, 2004 as 'Constitution Week'
Proclamation declaring the month of September as ' National Preparedness Month"
PresontatJon of United States Flag to Mayor and Council from SPC Marlo Gomez, 961'~ Quartermasler
Company
Swearing-in ceremony of newly appointed Board, Commission and Committee members
AGENDA
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD
SEPTEMBER 14, 2004
10:00 A.M.
PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVA TED PAGERS ARE PROHIBITED IN THE
CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL.
Members of the audience will be provided an opportunity to eddress the Council at approximately 12:00 p.m. or at the end
of the Council Meeting, whichever is earlier. P,~ase speak into the microphone Iocated af the podium and state your name
and addmss. Your pmsentation will be limited to three minutes. If you have a petYdon or other lnformation pertaining to your
subject, please present it to the City Secretary.
Si Usted desea dirlglrse al Concillo y cree qua su ingl&s es limitado, hab~ un int~rpmte ingl~s-espaflol en tedes las juntas
del Concllio para ayudade.
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services am requested to
contact the City Secretary's office (at 361-880-3105) at least 48 hours in advance so that appropriate arrangements can be
made.
A. Mayor Samuel L. Neal. Jr. to call the meeting to order.
B. Invocation to be given by Pastor Mark Behrendt, Galilean Lutheran Church, ELCA.
C. Pledge of Allegiance to the Flag of the United States.
D. City Secretary Armando Chapa to call the roll of the required Charter Officers.
Mayor Samuel L. Neal, Jr.
Mayor Pro Tem Javier Colmenero
Council Membem:
Brant Chesney
Melody Cooper
Henry Garrett
Bill Kelly
Rex Kinnison
Jesse Noyola
Mark Scott
City Manager George K. Noe
City Attomey Mary Kay Fischer
City Secretary Armando Chapa
Agenda
Regular Council Meeting
September14,2004
Page 2
E. MINUTES:
Approval of Joint Meeting of August 24, 2004 and Regular
MeeLing of August 31, 2004. (Attachment # 1)
F. BOARDS & COMMITrEE APPOINTMENTS: (Attachment # 2)
Electrical Advisory Board
Nueces County Community Action Agency
Sister City Committee
G. EXPLANATION OF COUNCIL ACTION:
For administrative convenience, certain of the agenda items are listed
as motions, resctu~ions, or ordinances, ff deemed appropriate, the City
Council w~ll use a different method of adoption from the one listed; may
finally pass an ordinance by adopting if as an emergency measure
retherthan a two reading ordinance; or may modify the ach'on specified.
A motion to reconsider may be made at this meeting of a vote at the
last regular, or a subsequent special meeting; such agendas are
incorporated heroin for reconsideration and action on any reconsidered
item.
H=
PRESENTATIONS:
Public comment will not be solicited on Presentation items.
3. South Texas Military Task Force Bdefing (Gary Bushell)
(Attachment # 3)
4. Hurdcane Evacuation Lane on 1-37 (Attachment # 4)
5. Work Force 1 Quarterly Update (Attachment # 5)
CONSENT AGENDA
Notice to the Public
The following items are of a routine or administcative nature. The Council has
been furnished with background and support material on each item, and/or it
has been discussed at a previous meeting. All items will be acted upon by one
vote without being discussed separately unless requested by a Council
Member or a ci~-zen, in which event the item or items will immediately be
withdrawn for individual consideration in its normal sequence afterthe items not
requiring separate discussion have been acted upon. The remaining items will
be adopted by one vote.
CITY COUNCIL
PRIORITY ISSUES
(Re~' lo legend al. Ihe end o{
agenda s4Jmma~)
Agenda
Regular Council Meeting
September 14, 2004
Page 3
CONSENT MOTIONS, RESOLUTIONS. ORDINANCES AND ORDINANCES
FROM PREVIOUS MEETINGS:
(At this point the Council will vote on afl motions, resolutions and ordinances not
removed for individual consideration)
Motion approving a supply agreement with SBC, of Austin, Texas
for hardware and operating system maintenance and support on
the City's Cisco network equipment in accordance with the State
of Texas Cooperative Purchasing Program for a total amount of
$108,894.30. The term of the contract will be for twelve months
with an option to extend for up to two additional twelve-month
pedods subject to the approval of the supplier and the City
Manager or his designee. (Attachment # 6)
Motion authorizing the City Manager or his designee to accept
grant funding in the amount of ?,~,,380 from the Texas
Department of Transportation for a Driving While Intoxicated
Selective Traffic Enforcement Project (STEP) in the Police
Department for overtime DWI enforcement and to execute all
related documents. (Attachment # 7)
Ordinance appropriating $44,380 from the Texas Department of
Transportation for funding for a Driving While Intoxicated
Selective Traffic Enforcement Project (STEP) in the No. 1061
Police Grants Fund. (Attachment # 7)
Motion authorizing the City Manager or his designee to accept
grant funding in the amount of $77,491 from the Texas
Department of Transportation for a SPEED Selective Traffic
Enforcement Project (STEP) in the Police Department for
overtime speed enforcement and to execute all related
documents. (Attachment # 8)
Ordinance appropriating $77,491 from the Texas Department of
Transportation for funding for a SPEED Selective Traffic
Enforcement Project (STEP) in No. 1061 Police Grants Fund.
(Attachment # 8)
CITY COUNCIL
PRIORITY ISSUES
(Refer Lo legend at Ihe ead of Ihe
agenda summary)
Agenda
Regular Council Meeting
September 14, 2004
Page 4
10.
Resolution authorizing the City Manager or his designee to
execute an Intertocal Cooperation Agreement with the Coastal
Bend Council of Governments in the amount of $10,000 for a
Community Outreach Campaign on the City's new anti-litter
ordinance, including recycling and illegal dumping efforts.
(Attachment # 9)
Ordinance appropriating $10,000 from the Coastal Bend Council
of Governments in the No_ 1051 Solid Waste Grants Fund for
Community Outreach Campaign on the City's new anti-litter
ordinance, including recycling and illegal dumping efforts.
(Attachment # 9)
Resolution authorizing the City Manager or his designee to
execute a Solid Waste Grant Interlocal Agreement with the
Coastal Bend Council of Governments in the amount of $26,619
to provide f~nding for the City's Assistant Compliance Officer.
(Attachment # 9)
Ordinance appropriating $26,619 from the Coastal Bend Council
of Govemments in the No. 1051 Solid Waste Grants Fund to
provide funding for the City's Assistant Compliance Officer.
(Attachment # 9)
Resolution authorizing the City Manager or his designee to
execute an Interlocal Cooperation Agreement with the Coastal
Bend Council of Governments in ~he amount of $2,000 for an
Educational Program on the City's landfill operations.
(Attachment # 9)
Ordinance appropriating $2,000 from the Coastal Bend Council
of Governments in the No. 1051 Solid Waste Grants Fund for an
Educational Program on the City's landfill operations.
(Attachment # 9)
Ordinance appropriating $2,000 from the Alamo Area Council of
Govemments in the No. 1071 Community Enrichment Grants
Fund for use in the Greater Corpus Christi Clean Cities Coalition
programs. (Attachment# 10)
CITY COUNCIL
PRIORITY ISSUES
(Rel'~' ~ lege~:l at fl~e end ~ ~e
agenda summary)
Agenda
Regular Coundl Meeting
September14,2004
Page 5
11.a.
11.b.
12.a.
12.b.
13.a.
13.b.
14.a.
Resolution authorizing the City Manager or his designee to accept
a $2,000 gift from Walmart to purchase books and other library
materials for the Northwest Branch Library. (Attachment # 11)
Ordinance appropriating a $2,000 gift from Walmart in the
General Fund No. 1020 to purchase library materials and
amending the FY 2004-2005 Operating Budget adopted by
Ordinance No. 025878 to increase appropriations by $2,000.
(Attachment # 11 )
Resolution authorizing the City Manager or his designee to accept
a grant in the amount of $80,000 and to execute a contract and
all related documents with the Texas State Library and Archives
Commission to conlJnue operation of the Technical Assistance
Negotiated Grant program located at the Corpus Chdsti Public
Library. (Attachment # 12)
Ordinance appropriating a grant of $80,000 from the Texas State
Library and Archives Commission in the No. 1068 Library Grants
Fund for a full-time computer repair technician for public libraries
within the South Texas Library System. (Attachment # 12)
Resolution authorizing the City Manager or his designee to accept
a grant in the amount of $143,518 and to execute a contract and
all related documents with the Texas State Library and Archives
Commission to continue operation of the Intedibrary Loan
Referral Center located at the Corpus Christi Public Library.
(Attachment # 13)
Ordinance appropriating a grant in the amount of $143,518 from
the Texas State Library and Archives Commission in the No.
1068 Library Grants Fund to continue operation of the Intedibrary
Loan Center located at the corpus Chdsti Public Library.
(Attachment # 13)
Resolution authorizing the City Manager or his designee to accept
a grant in the amount of $707,709 and to execute a contract and
all related documents with the Texas State Library and Archives
commission to continue operation of the South Texas Library
System located atthe Corpus Chdsti Public Library. (Attachment
# 14)
CITY COUNCIL
PRIORITY ISSUES
(Regef to legefld at the end of the
agenda summary)
Agenda
Regular Council Meeting
September14,2004
Page 6
14.b.
15.
16.a_
16.b.
17.
Ordinance appropriating a grant in the amount of $707,709 from
the Texas State Library and Archives Commission in the No.
1068 Library Grants Fund to continue operation of the South
Texas Library System located at the Corpus Chdsti Public Library.
(Attachment # 14)
Ordinance appropriating a $7,000 annual grant provided by cable
operators in the General Fund Reserve for access studio
equipment. (Attachment # 15)
Resolution authorizing the City Manager or his designee to accept
a grant from the Texas Department of Health authorized in the
amount of $640,245 for bioterrodsm preparedness. (Attachment
# 16)
Ordinance appropriating a grant in the amount of $640,245 in the
No. 1066 Health Grant Fund from the Texas Department of
Health for bioterrodsm preparedness. (Attachment # 16)
Motion authorizing the City Manager or his designee to execute
Subrecipient agreements for funds provided from the FY 2004
Community Development Block Grant (CDBG) Program and
Emergency Shelter Grant (ESG) Pro<jram. (Attachment # 17)
FY2004 CDBG Program:
Harbor Playhouse Company - $50,000 for replacement of
all roof systems on the building with the exception of the
roof over the office located at 1 Bayfront Park.
FY2004 ESG Program for Homeless Activities:
The Salvation Army - $15,000 for the provision of essential
services including services concerned with employment,
physical health and education of the homeless, and
payment of maintenance and operaUons that includes rent,
insurance, utilities and furnishings.
CITY COUNCIL
PRIORITY ISSUES
(Reh~ I~ legend at the end ~ file
agenda summary)
Agenda
Regular Council Meeting
September 14, 2004
Page 7
18.
19.
20_
21.
22.
Motion authorizing the City Manager or his designee to execute
a Utility Easement, Surface Site Easement and Access Easement
instrument with R. B~an Gulley, for Parcels lA, lB, 1C, and 1D
in the total amount of $85,000, necessary for the Rincon Bayou
Diversion Pipeline, Project No. 8416, and for other municipal
purposes. (Attachment # 18)
Motion authorizing the City Manager or his designee to execute
a Utility Easement instrument with Agnes L. Polasek, et al, for
Parcel 3, in the total amount of $78,800 plus $1,500 in closing
costs, necessary for the Buckingham Estates Lift Station and
Force Main Diversion Project No. 7117 and for other municipal
purposes. (Attachment# 19)
Motion authorizing the City Manager or his designee to execute
Change Order No. 9 with Holloman Corporation, of Converse,
Texas in the amount of $70,971.10 for the Kostoryz Lift Station
and Force Main Project to decommission offsite Cabaniss and
Crestmont lift stations and convert the offsite temporary force
main into a gravity line. (Attachment # 20)
Motion authorizing the City Manager or his designee to execute
a Contract for Professional Services with Engineering &
Construction Management Services, of Corpus Chdsti, Texas in
the amount of $31,680 for Americans with Disabilities Compliance
at Vadous Sites: (Attachment # 21)
Individual Requests - Staples from Brownlee to DeForrest
Mary Greif Cunningham Middle School area
Memodal Hospital area
Motion authorizing the City Manager or his designee to assign the
contract with Applied Earth Sciences, Inc. of Houston, Texas for
Underground Storage Tank Mitigation (Contract No. 2) for Fire
Station No. 10 and the Old Regional Transportation Authority
Facility to Delta Environmental of Shoreview, Minnesota.
(Attachment # 22)
CI'I'Y' COUNCIL
PRIORI'rY ISSUES
(Refer I~ legend at Ule end of Ule
age~la summa~)
Agenda
Regular Council Meeting
September 14, 2004
Page 8
23.
24.
25.
26.
27.
28.
Motion authorizing the City Manager or his designee to authorize
an agreement with Amedcan Electdc Power (AEP) in the amount
of $140,543.12 for the Street Lighting System for the Seawall
Reconstruction Project Contract C - Peoples Street to Coopers
Alley. (Attachment # 23)
Motion authorizing the City Manager or his designee to make an
additional payment in an amount not to exceed $64,000 to Wilson
Plaza Associates, L.P. for modificaLions to the City's Detention
and Magistration Center located at Wilson Plaza, Suite 113-A.
(Attachment # 24)
Resolution authorizing the City Manager or his designee to
execute an Intedocal Coopera[ion Agreement with San Patdco
County in the amount of $40 per pdsoner per day for jail services.
(Attachment # 25)
Ordinance appropriating $150,000 in~ Passenger Facility Charge
Fund No. 4621 from unreserved Fund Balance for Passenger
Loading Bddges at the Corpus Chdsti Intemational Airport;
amending FY 2003-2004 Capital Budget adopted by Ordinance
No. 025647 to increase appropriations by $150,000.
(Attachment # 26)
Resolution authorizing the South Texas Aggregation Project, Inc.
(STAP) to negotiate an electric supply agreement for deliveries of
electricity effective January 1,2005; authorizing the City Manager
or his designee to sign a contract with STAP for the City of
Corpus ChdstJ's 2005 electricity needs; and committing to budget
for energy purchases in 2005 and to honor the City of Corpus
Chdsti's commitments to purchase power for its electrical needs
in 2005 through STAP. (Attachment # 27)
Ordinance authorizing the City Manager or his designee to
execute a Drainage Easement Maintenance Agreement with
Home Depot, U.S.A., Inc. (Owner), allowing owner the dght to use
the 10-foot wide (3,660-square feet) drainage easement by
building a garden center structure out of Lot 10R, Block 1, Moore
Plaza, from manhole to manhole, with specified conditions; and
establishing a fee of $18,300. (Attachment # 28)
CITY COUNCIL
PRIORITY ISSUES
(Re~' Io legend at Ihe end o~ the
agenda summary)
Agenda
Regular Council Meeting
September 14, 2000
Page 9
29_
30.a.
30.b.
31.a.
Second Reading Ordinance - Authorizing the City Manager or his
designee to execute a long term lease expidng September 30,
2016 with the Federal Aviation Administration for an Airport
Surveillance Radar Facility Site at Evelyn Pdce Park located in
the City of Corpus Chdsti. (First Reading 8/17/04) (Attachment
# 29)
PUBLIC HEARINGS:
Public headng to consider approving and adopting the
Wastewater Collection System Master Plan - Allison Service Area
as described on Attachment 1, which amends the Master Sanitary
Sewer Plan as prepared by Reagan and McCaughn and adopted
December 23, 1964 by Ordinance No. 7441 and rescinds the
Sanitary Sewer Master Plan, save and except the Storm Sewer
Master Plan, for the areas of Wood River, River Hills, ValleyView,
and Quail Valley in the area of Farm-to-Market Road 624 west of
Highway 77 adopted Mamh 10, 1982 by Ordinance No. 16927.
(Attachment # 30)
First Reading Ordinance - Amending the City's Comprehensive
Plan by amending the Master Sanitary Sewer Plan, as adopted
December 23, 1964 by Ordinance No. 7441 (Master Sanitary
Sewer Plan for areas annexed in 1960 and 1961 except Flour
Bluff), and rescinding the Sanitary Sewer Master Plan, save and
except the Storm Sewer Master Plan, for the areas of Wood
River, River Hills, Valley View, and Quail Valley, in the area of
Farm-to-Market Road 624 west of'Highway 77, adopted March
10, 1982 by Ordinance No. 16927 (Storm Drainage Plan and
Sanitary Sewer Plan for the area west of Calallen (Five Points),
by approving and adopting the Wastewater Collection System
Master Plan - Allison Service Area, as shown in Attachment 1.
(Attachment # 30)
Public headng to consider abandoning and vacating a 27,082-
square foot portion of an undeveloped and unsurfaced 60-foot
wide dedicated public right-of-way (Seabreeze Ddve) extending
451 linear feet north of South Padre Island Drive and east of
Southbay Drive, out of Lot A, Block 2, and Lot A, Block 3,
Southbay Addition Annex; subject to owner's compliance with the
specified conditions. (Attachment # 31)
CITY COUNCIL
PRIORITY ISSUES
(Re~' to lege~:l at ~e end o~ Ihe
agenda summary)
Agenda
Regular Council Meeting
September14,2004
Page 10
31.b.
Ordinance abandoning and vacating a 27,082-square foot portion
of an undeveloped and unsurfaced 60-foot wide dedicated public
right-of-way (Seabreeze Ddve) extending 451 linear feet north of
South Padre Island Ddve, out of Lot A, Block 2, and Lot A, Block
3, Southbay Addition Annex; subject to owner's compliance with
the specified conditions. (Attachment # 31)
32.a.
Public headng to consider abandoning and vacating a 30,000-
square foot portion of an undeveloped and unsurfaced 20-foot
wide dedicated public right-of-way out of Lots 1, 8, and 9,
Artemus Roberts Subdivision (approximately 0.86 miles south of
the Leopard Street right-of-way and west of the Rand Morgan
Road Street right-of-way); subject to owner's compliance with the
specified conditions. (Attachment # 32)
32.b.
Ordinance abandoning and vacating a 30,000-square foot portion
of an undeveloped and unsurfaced 20-foot wide dedicated public
right-of-way out of Lots 1,8, and 9, Artemus Roberts Subdivision
(approximately 0.86 miles south of the Leopard Street right-of-
way and west of the Rand Morgan Road Street right-of-way);
subject to owner's compliance with the specified conditions.
(Attachment # 32)
K=
REGULAR AGENDA
CONSIDERATION OF MOTIONS. RESOLUTIONS. AND ORDINANCES:
33.a.
Resolution authorizing the City Manager or his designee to
execute a Federal Cost Shadng Agreement between the
Department of the Army and Nueces River Authority, City of
Corpus Chdsti, San Antonio Water System, San Antonio River
Authority, and Guadalupe-Blanco River Authority for the Nueces
River and Tributaries, Texas Feasibility Study. (Attachment # 33)
33.b.
Ordinance appropriating $118,820 from the No. 4010 Water Fund
for the City's initial cost share under Federal Cost Shadng
Agreement between the Department of the Army and the Nueces
River Authority, City of Corpus Chdsti, San Antonio Water
System. San Antonio River Authority, and Guadalupe-Blanco
River Authority for the Nueces River and Tributaries, Texas
Feasibility Study. (Attachment # 33)
CITY COUNCIL
PRIORITY ISSUES
(Rear te lege~l at ~e end d Ihe
a~cla s~rm~ary)
Agenda
Regular Council Meeting
September 14, 2004
Page 11
PUBLIC COMMENT FROM THE AUDIENCE ON MA3-FERS
NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT
APPROXIMATELY 12:00 P.M. OR AT THE END OF THE
COUNCIL MEETING. W~-IICHEVER IS EARLIER. PLEASE
LIMIT PRESENTATIONSTO THREE MINUTES. IF YOUPLAN
TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD,
PLEASE SIGN THE FORMAT THE REAR OF THE COUNCIL
CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC.
(A recording is mede of the meeting; therefore, please speak into the
microphone located at the podium and state your name and address. If you
have a peri,on or other inforrna~3n pertaining to your subject, please present
it to ~e City Secretary.)
Si usted se dlrlge a la junta y cme qua su ingl~s es Ilmitado, habr~ un int~rprete
ingl~s-espaflo~ en la reunion de la junta pare ayudarle.
PER ClT~ COUNClL POLICY, NO COUNCIL MEMBER, STAFF
PERSON, OR MEMBERS OF THE AUDIENCE SHALL
BERATE, EMBARRASS, ACCUSE, OR SHOW ANY
PERSONAL DISRESPECT FOR ANY MEMBER OF THE
STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY
COUNCIL MEETING. THIS POLICY IS NOT MEANT TO
RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS.
EXECUTIVE SESSION:
PUBLIC NOTICE is given that tho City Council may elect to go Into
executive session at any time during the meeting in order to discuss
any matters limed on the agenda, when authorized by the prot4sions 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 ~tem, the section or
sections of the Open Meetings Act authorizing the executive session
will be publicly announced by the presiding office.
REPORTS:
The following reports include questions by Council to Staff regarding
City polo'es or activfties; request by Council for informa~on or rspo~ts
from Staff; reports of ac~vities of individual Council members and Staff;,
CITY COUNCIL
PRIORITY ISSUES
(Rear t~ legend at Ihe a~l or t~e
agenda s~mma~y)
Agenda
Regular Council Meeting
September14,2004
Page 12
35.
36.
O.
cons~uent concerns; current topics raised by media; fo~Iow-up on Staff
assignments; scheduling of future Council meefl'ngs and activities; and
other brief discussions regarding city-related matters.
CITY MANAGER'S REPORT
* Upcoming Items
MAYOR'S UPDATE
COUNCIL AND OTHER REPORTS
ADJOURNMENT:
POSTING STATEMENT:
This agenda vms posted on the City's ofrmla~ bulletin board at rite fro~t enti'ance
to_ City Hall, 1201 Leopard Street, at ,~;L~ p.m.,
.'~-~i~-~n~::~- ~ 0 , 2oo4.
CITY COUNCIL
PRIORITY ISSUES
(Re~e~ to legend at b~e end of
agenda summap/)
Armando Chapa /V~
City Secretary
NOTE:
The City Council Agenda can be found on the City's Home
Page at www.cctexas.com after 7:00 p.m. on the FHday
before regularly scheduled council meetings. If technical
problems occur, the agenda will be uploaded on the
Internet by Monday morning.
Symbols used to highlight action Item that implement
council prioflty Issues.
1
M1NUTE$
CITY OF CORPUS CHRISTI, TEXAS
MEETING OF THE CORPUS CHRISTI CITY COUNCIL
AND THE LOWER COLORADO RIVER AUTHORITY (LCRA)
BOARD OF DIRECTORS
August 24, 2004 - 8:10 a.m.
CITY COUNCIL
Mayor Samuel L. Neal Jr.
Mayor Pro Tern Javier Colmenero
Brent Chesney
Melody Cooper
Bill Kelly
Rex A. KinnJson
Jesse Noyola
Mark Scott
Henry Garrett
LCRA BOARD MEMBERS AND STAFF
Ray Wilkerson, Chairman
Connie Granberg
Joe Beal, CEO and General Manager
Robert Cullick
Rick Bluntzer
Paul Thomhill
Julie Pratz
John Longoria
Cindy Hayes
* Arrived at 8:17 a.m.
City StaffPresent
City Manager George K_ Noe
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
Mayor Neal called the meeting to order in the Sixth Floor Conference Room at City Hall.
He welcomed the LCRA board of directors and staffwho were present at today's meeting. Mayor
Neal stated that today's discussion would center around an update on the city's long-range plans for
the Garwood pipeline and a discussion of joint opportunities for cooperation and project
development between the city and the LCRA.
Mr. Ray Wilkerson, Chairman of the LCRA's Board of Directors, made a brief statement
regarding the LCRA's duties and responsibilities. He mlxoduced Mr. Joe Beal, General Manager
of the LCRA, who briefed the Council on various opportunities for partnerships, and also provided
an update on the status of the LCRA/San Antonio Water System (SAWS) project and the City of
Austin's water permit request_
City Manager Nee then briefed the Council and the LCRA on the city's regional water
system. He noted that the city had secured several important water sources as follows: Lake Texana
contracts - 53,840 acre feet; Choke Canyon reservoir/Lake Corpus Christi water rights - 438,300
acre feet; and the 101-mile Mary Rhodes pipeline - 112,000 acre feet capacity_ He briefly reviewed
two charts delineating the 2003 total water supply fi.om Choke Canyon and Lake Texana (fwm and
safe yields), and projected water supply and demand fi.om 2000-2006.
Meeting with LCRA
August 24, 2004, page 2
Finally, Mr. Noe briefly mentioned the city's current water supply projects as follows:
additional Lake Texana water; Garwood Pipeline preliminary engineering; governor's desalination
project; aquifer storage and recovery - Padre Island pilot; Corps of Engineers Nueces Basin
feasibility study; and other alternatives such as conservation and water quality.
City Manager Noe in~xoduced Mr. Lee Freese with Freese and Nichols, the city's consulting
firm on the Garwood pipeline project, who provided a status report. He introduced the members of
his team as follows: Mr. Rusty Gibson, Project Manager - Phase 1; Ms. Christine Enger, Project
Manager - Phase 2; and Ms. Peggy Glass with Plummer & Associates, permitting specialist.
Mr. Gibson provided a brief report on Phase 1 of the project, a screening study of delivery
options. He concluded that the recommended options resulting fi.om Phase 1 were as follows:
Option 1 (combined facilities with LCRA); and Option 5 - Garwood Town Canal to West Mustang
Creek; and Option 6 - Gulf Coast Irrigation District Furbor Canal to the Mary Rhodes pipeline.
Ms_ Enger reported on Phase 2 of the project, a detailed study of delivery options_ She
concluded that after studying each option individually, a determination would be made regarding
which option to proceed with in subsequent phases oftbe project. She said the information would
be presented at a later date. Ms. Enger also briefly discussed Phase 2a, permitting, and Phase 2b,
partnership agreements.
Council members then asked questions regarding water rights issues, legislative issues, and
permitting issues related to the City of Austin's pending request for a bed and banks permit, the
LC1LadSAWS agreement, and the Garwood pipeline project_
Mayor Neal concluded that it was important for the city and the LCRA to join forces in an
effort to fight the possible encroaclmaent on the area's water rights by the City of Austin. He also
said the city needed to make a decision on the Garwood pipeline project as soon as possible.
Finally, he thanked Mr_ John Longoria with the LCRA and staff for making the meeting possible.
Chairman Wilkerson thanked the Council and the city for their hospitality.
There being no further business, Mayor Neal adjourned the meeting at 9:35 a.m. on August
24, 2004_
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
August 31, 2004 - 10:02 a.m.
PRESENT
Mayor Pro Tern Javier Colmenero
Council Members:
Brent Chesney
Melody Cooper (Arrived at 10:06 a.m.)
Henry Garrett
Bill Kelly
Rex Kiunison
Jesse Noyola
Mark Scott
City Staff:
City Manager George K. Noe
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
ABSENT
Mayor Samuel L. Neal Jr.
Mayor Pro Tern Colmenero called the meeting to order in the Council Chambe~ of City
Hall. The invocation was delivered by Pastor Brian Crown of Bay Area Fellowship Church and the
Pledge of Allegiance to the United States flag was led by Council Member Noyola. 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 Colmenero called for approval of the
minutes of the regular Council meeting of August 24, 2004_ A motion was made and passed to
approve the minutes as presented_
Mayor Pro Tern Colmenero called for consideration of the consent agenda (Items 2-18). Mr.
Bill Kopecky, 3609 Topeka, requested Item 8 be discussed, and Mr. Abel Alonzo requested Item
9 be discussed. Mr. Kelly requested Item 6.e. be discussed. City Secretary Chapa announced Item
18 needed to be amended. A motion was made and passed to approve Items 2 through 18,
constituting the consent agenda, except for Items 6.e., 8, 9, and 18, which were pulled for individual
consideration. City Secretary Chapa polled the Council for their votes as follows:
2.a. MOTION NO. 2004-325
Motion authorizing the City Manager or his designee to accept a grant in the amount of
$5,000 fi.om the State of Texas Comptroller of Public Accounts for tobacco compliance and
prevention activities_
The foregoing motion was passed and approved with the following vote: Colmenero,
Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Neal was
absent.
Minutes - Regular Council Meeting
August 31, 2004 - Page 2
2.b. ORDINANCE NO. 025915
Ordinance appropriating a grant in the amount of $5,000 in the No. 1061 Police Grants Fund
from the State of Texas Comptroller of Public Accounts for tobacco compliance and
prevention activities.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Colmenero, Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye"; Neal was absent.
3.a_ MOTION NO. 2004-326
Motion authorizing the City Manager or his designee to accept a grant in the amount of
$41,404 from the State of Texas, Criminal Justice Division for funding available under the
Victims of Crime Act (VOCA) Fund and to execute all related documents.
The foregoing motion was passed and approved with the following vote: Colmenero,
Chesney, Cooper, Garrett, Kelly, Kirmison, Noyola and Scott, voting "Aye"; Neal was
absent.
3.b. ORDINANCE NO. 025916
Ordinance appropriating a grant in the amount of $41,404 fi.om the State of Texas, Criminal
Justice Division in the No. 1061 Police Grants Fund for funding available under the Victims
of Crime Act (VOCA) Fund.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Colmenero, Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye"; Neal was absent.
4.a. MOTION NO. 2004-327
Motion authorizing the City Manager or lxis designee to execute all documents necessary
with the United States Department of Housing and Urban Development (HUD) to accept and
implement the FY 2004 Consolidated Annual Action Plan for Community Planning and
Development (CPD) Programs that include the Community Development Block Grant,
Emergency Shelter Grant and Home Investment Partnership Programs_
The foregoing motion was passed and approved with the following vote: Colmenero,
Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Neal was
absent.
Minutes - Regular Council Meeting
August 31, 2004 - Page 3
4_b. ORDINANCE NO. 025917
Ordinance appropriating $7,455,023 in the Community Development Block Grant Fund No.
1059 for the FY 2004 Consolidated Annual Action Plan for Community Planning and
Development (CPD) Program projects/activities that include 1) $4,105,000 for FY 2004
Community Development Block Grant (CDBG), $800,000 of program income and $547,567
of reprogrammed funds; 2) $154,329 for FY 2004 Emergency Shelter Grant (ESG); and 3)
$1,848,127 for FY 2004 Home Investment Partnership (HOME) Program for
projects/activities approved by the City Council on April 27, 2004.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Colmenero, Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye"; Neal was absent.
MOTION NO. 2004-328
Motion authorizing the City Manager or his designee to execute Subrecipient agreements for
funds provided fi.om the FY 2004 Community Development Block Grant (CDBG) Program
and Emergency Shelter Grant (ESG) Program.
FY2004 CDBG Funding:
911 Park Place, doing business as Mission 911 to provide $50,000 for improvements
to the facility such as renovating the garage/storage area in order to provide rooms
for educational and meeting purposes, fencing the perimeter of the property, provide
lighting, improve the parking lot and provide landscaping.
Accessible Communities, Inc. to provide $26,000 for the completion of Phase III of
its property improvements with the consmaction of a new 40-foot by 90-foot parking
lot and addition of a 8-foot by lO-foot canopy between the two buildings on its
property.
Boys and Girls Club of Corpus Christi to provide $110,000 for the completion of
Phase IH of the complex previously started which includes parking, soccer field,
concession stand, score boards, bleachers, cement work and main building exterior
door.
Coastal Bend Alcohol and Drug Rehabilitation Center doing business as Charlie's
Place to provide $26,741 for the renovation of four residential buildings.
Corpus Christi Hope House, Inc. to provide $32,000 for improvements to the living
conditions for residents at two locations.
Mary McLeod Bethune Day Nursery, Inc. to provide $70,000 for facility
improvements to Building A and/or Building B as originally proposed_
Minutes - Regular Council Meeting
August 31, 2004 - Page 4
Nueces County Community Action Agency to provide $80,000 that will weatherize
homes of low to very-low income families to become energy efficient, reduce energy
consumption and to provide a better living environment for children and families in
the targeted areas.
YMCA of Corpus Christi to provide $28,020 to improve accessibility to mobility
impaired individuals through renovations ofrestroom area in the men's locker room.
FY2004 ESG Funding;
Catholic Charities of Corpus Christi, Inc_ to provide $15,000 for the provision of
Homeless Prevention including short term subsidies, security deposits or first
month's rent, mediation programs, legal services and payments to prevent
foreclosure on a home.
Corpus Christi Hope House, Inc. to provide $15,000 for the provision of essential
services including services concerned with employment, physical health and
education for the homeless. Provision of Homeless Prevention will include short
term subsidies, security deposits or first month's rent, mediation programs, legal
services and payments to prevent foreclosure on a home.
Corpus Christi Metro Ministries, Inc. to provide $45,000 for the provision of
essential services including services concerned with employment, physical health
and education of the homeless. Provision of Homeless Prevention will include short-
term subsidies, security deposits or first month's rent, mediation programs, legal
services and payment to prevent foreclosure on a home.
Homeless Issues Partnership to provide $12,332 for the provision of essential
services including services concerned with employment, physical health and
education of the homeless.
Mary McLeod Bethune Day Nursery to provide $15,000 for the provision of
essential services including services concerned with employment, physical health
and education for the homeless.
The ARK Assessment Center and Emergency Shelter for Youth to provide $15,000
for the provision of essential services including services concerned with
employment, physical health and education of the homeless_
The Women's Shelter to provide $21,997 for the provision of essential services
including services concerned with employment, physical health and education of the
homeless. Provision of Homeless Prevention will include short-term subsidies,
security deposits or first month's rent, mediation programs, legal services, and
payment to prevent foreclosure on a home_
Minutes - Regular Council Meeting
August 31, 2004 - Page 5
The foregoing motion was passed and approved with the following vote: Colmenero,
Chesney, Cooper, Garrett, Kelly, Kirmison, Noyola and Scott, voting "Aye"; Neal was
absent_
6.a. MOTION NO. 2004-329
Motion authorizing the City Manager or his designee to execute a contract with the Texas
Department of Family and Protective Services for funding in the amount of $426,000 from
the Community Youth Development Program for the 78415 ZIP Code for projects as
recommended by the Community Youth Development Steering Committee for FY 2004-
2005.
The foregoing motion was passed and approved with the following vote: Colmenero,
Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Neal was
absent.
6_b. ORDINANCE NO, 025918
Ordinance appropriating $426,000 fi'om the Texas Department of Family and Protective
Services in the No. 1060 Community Development Grant Fund to fund the Community
Youth Development Program in the 78415 ZIP Code for FY 2004-2005.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Colmenero, Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye"; Neal was absent.
6.c. MOTION NO. 2004-330
Motion authorizing the City Manager or his designee to execute a subcontract with the Boys
and Girls Club of Corpus Christi in the amount of $54,254 to provide services for youth ages
6 to 17 in the 78415 ZIP Code.
The foregoing motion was passed and approved with the following vote: Colmenero,
Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Neal was
absent_
6.d. MOTION NO. 2004-331
Motion authorizing the City Manager or kis designee to execute a subcontract with
Communities in Schools, Corpus Christi, Inc. in the amount ors 188,490 to provide services
for youth ages 5 to 17 in the 78415 ZIP Code_
The foregoing motion was passed and approved with the following vote: Colmenero,
Chesney, Cooper, Garrett, Kelly, Kiunison, Noyola and Scott, voting "Aye"; Neal was
absent.
Minutes - Regular Council Meeting
August 31, 2004 - Page 6
6.f. MOTION NO. 2004-333
Motion authorizing the City Manager or his designee to execute a subcontract with Planned
Parenthood of South Texas in the amount of $15,221 to provide services for youth ages 12
to 17 in the 78415 ZIP Code.
The foregoing motion was passed and approved with the following vote: Colmenero,
Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Neal was
absent_
6.g_ MOTION NO_ 2004-334
Motion authorizing the City Manager or his designee to execute a subcontract with Youth
Odyssey in the amount of $13,032 to provide services for youth ages 12 to 17 in the 78415
ZIP Code.
The foregoing motion was passed and approved with the following vote: Colmenero,
Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Neal was
absenL
6.h. MOTION NO. 2004-335
Motion authorizing the City Manager or his designee to execute a subcontract with the
YMCA of Corpus Christi in the amount of $49,394 to provide services for youth ages 14-17
inthe 78415 ZIP Code_
The foregoing motion was passed and approved with the following vote: Cohnenero,
Chesney, Cooper, Gm'rea, Kelly, Kinmson, Noyola and Scott, voting "Aye"; Neal was
absent.
7.a. ORDINANCE NO. 025919
Ordinance authorizing the City Manager or his designee to execute a one year concession
services Lease and Use Agreement with Leslea J. Titlow doing business as The Tee Box at
both the Gabe Lozano Sr. Golf Center and the Oso Beach Municipal Golf Course in
consideration of Leslea J. Titlow doing business as The Tee Box paying 17% of monthly
gross sales or $1,750 per month, whichever is greater, at the Gabe Lozano Sr. Golf Center;
and 17% of monthly gross sales or $1,250 per month, whichever is greater, at the Oso Beach
Municipal Golf Course.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Colmenero, Chesney, Cooper, Garreth Kelly, Kinnison, Noyola and Scott,
voting "Aye"; Neal was absent.
Minutes - Regular Council Meeting
August 31, 2004 - Page 7
7.b_ FIRST READING ORDINANCE
10.
Authorizing the City Manager or his designee to execute a five year concession services
Lease and Use Agreement with Leslea J. Titlow doing business as The Tee Box at both the
Gabe Lozano Sr. Golf Center and the Oso Beach Municipal Golf Course in consideration of
Leslea J. Titlow doing business as The Tee Box paying 17% of monthly gross sales or
$1,750 per month, whichever is greater, at the Gabe Lozano Sr. Golf Center; and 17% of
monthly gross sales or $1,250 per month, whichever is greater, at the Oso Beach Municipal
Golf Course.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Colmenero, Chesney, Cooper, Garreth Kelly, Kinnison, Noyola and Scott,
voting "Aye"; Neal was absent.
MOTION NO_ 2004-338
Motion authorizing the City Manager or his designee to execute a Geoteclmical Services
Contract with Professional Services Industries, Inc. (PSI), of Corpus Christi, Texas in an
amount not to exceed $39,690 for the Corpus Christi International Airport Runway 13/31
Rehabilitation, Overlay, Blast Pads, Shoulders, Edge Lighting and Associated Site Work.
The foregoing motion was passed and approved with the following vote: Colmenero,
Chesney, Cooper, Garreth Kelly, Kinnison, and Scott, voting "Aye"; Noyola abstained; Neal
was absent.
11_ MOTION NO. 2004-339
Motion approving the application from Bayfest, Inc. to temporarily close the following street
sections for the Bayfest 2004 Festival, September 15 - September 28, 2004:
Northbound Shoreline Boulevard (inside lane only), from the north right--of-way of
Power Slreet median crossover (exclusive of the median crossover at Power Slxeet)
to Fitzgerald Street, beginning at 9:00 a.m., Wednesday, September 15, 2004 through
5:00 p.m., Friday, September 17, 2004;
Southbound Shoreline Boulevard (full closure), fi-om the south right-of-way of
Fitzgerald Street to the north right-of-way of Power Street, beginning at 9:00 a.m.,
Wednesday, September 15, 2004 through 5:00 p.m., Wednesday, September 28,
2004;
Northbound Shoreline Boulevard (full closure), between north right-of-way line of
Power Street and the north right-of-way of Fitzgerald Slxeet, from 2:00 p.m.,
Thursday, September 16, 2004 at 5:00 p.m. through 6:00 a.m., Monday, September
27, 2004;
Minutes - Regular Council Meeting
August 31, 2004 - Page 8
12.
13.
North Water Street (full closure), between Fitzgerald Street and Palo Alto Street
fi.om 8:00 a.m., Thursday, September 16, 2004 through 6:00 a_m., Monday,
September 27, 2004;
Palo Alto Street, east half between North Water Street and southbound Shoreline
Boulevard; Fitzgerald Street between North Water Street and Shoreline Boulevard
and North Water Street, south half between Fitzgerald Street and Resaca Street fi'om
8:00 a.m., Thursday, September 16, 2004 through 6:00 a.m., Monday, September 27,
2004_
The foregoing motion was passed and approved with the following vote: Colmenero,
Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Neal was
absent.
MOTION NO. 2004-340
Motion authorizing the City Manager or his designee to grant a permit to Sal0co Operating
Company of Houston, Texas to drill an oil or gas well at an exceptional location,
approximately five (5) miles easterly of the marina area in Corpus Christi Bay, State Tract
54 Well No. 4.
The foregoing motion was passed and approved with the following vote: Colmenero,
Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Neal was
absent.
RESOLUTION NO. 025920
Resolution expressing official intent of the City of Corpus Christi to reimburse $25,000,000
in costs with respect to the consl~uction of improvements to the city's utility system.
The foregoing resolution was passed and approved with the following vote: Colmenero,
Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Neal was
absent.
14.a. MOTION NO. 2004-341
Motion approving the Transmission and Grid Main Construction and Reimbursement
Agreement submitted by Mostaghasi Investment Trust, owner and developer of King's
Garden, Unit 2 subdivision located east of Cimarron Boulevard south of Lens Drive for the
installation of 387 linear feet of a 12-inch PVC water grid main_
The foregoing motion was passed and approved with the following vote: Colmenero,
Cheaney, Cooper, Garrett, Kelly, Kirmison, Noyola and Scott, voting "Aye"; Neal was
absent.
Minutes - Regular Council Meeting
August 31, 2004 - Page 9
14.b. ORDINANCE NO. 025921
Ordinance appropriating $12,141.91 from the Water Arterial Transmission and Grid Main
Trust Fund No. 4030-540450 to pay developer reimbursement request for the installation of
387 linear feet of a 12-inch PVC water grid main to develop King's Garden, Unit 2
subdivision.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Colmenero, Chesney, Cooper, Garrett, Kelly, Kirmison, Noyola and Scott,
voting "Aye"; Neal was absent.
15_a. MOTION NO, 2004-342
Motion approving the Sanitary Sewer Construction and Reimbu~ement Agreement
submitted by Alex Azali, owner and developer of Queen's Crossing, Unit I subdivision
located east of Cimarron Boulevard south of Lens Drive fort_he installation of 511 linear feet
off-site and 553 linear feet onsite, overdepth, oversized 12-inch PVC sanitary sewer
collection line along Cimarron Boulevard between Lens Drive and the southern limit of the
subject subdivision.
The foregoing motion was passed and approved with the following vote: Colmenero,
Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Neal was
absent.
15.b. ORDINANCE NO. 025922
16.
Ordinance appropriating $61,982.28 fi-om the Sanitary Sewer Collection Line Trust Fund
No. 540450-4220 to pay Alex Azali, for the installation of511 linear feet off-site and 553
linear feet onsite, overdepth, oversized 12-inch PVC sanitary sewer collection line as
specified in the Sanitary Sewer Construction and Reimbursement Agreement, to develop
Queen's Crossing, Unit 1 subdivision.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Colmenero, Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye"; Neal was absent.
ORDINANCE NO. 025923
Ordinance authorizing the City Manager or his designee to execute a Participation
Agreement with Alex Azali, owner and developer of Queen's Crossing, Unit 1 subdivision,
for public street improvements on Oso Parkway, an urban parkway abutting a dedicated
public park, in accordance with the Platting Ordinance, not to exceed $14,694.82 for City's
share of costs of the improvements.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Colmenero, Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye"; Neal was absent.
Minutes - Regular Council Meeting
August 31, 2004 - Page 10
17.a. MOTIONNO. 2004-343
Motion approving the Transmission and Grid Main Construction and Reimbursement
Agreement submitted by Alex Azali, owner and developer of Queen's Crossing, Unit 1
subdivision located east of Cimarron Boulevard south of Lens Drive for the installation of
715 linear feet of a 12-inch PVC water grid main.
The foregoing motion was passed and approved with the following vote: Colmenero,
Chesney, Cooper, Garrett, Kelly, Kirmison, Noyola and Scott, voting "Aye"; Neal was
absent.
17.b. ORDINANCE NO. 025924
Ordinance appropriating $27,096.53 from the Water Arterial Transmission and Grid Main
Trust Fund No. 4030-540450 to pay developer reimbursement request for the installation of
715 linear feet of a 12-inch PVC water grid main to develop Queen's Crossing, Unit 1
subdivision.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Colmenero, Chesney, Cooper, Garrett, Kelly, Kia'axison, Noyola and Scott,
voting "Aye"; Neal was absent.
Mayor Pro Tern Colmenero opened discussion on Item 6.e_ regard'rog funding for the Corpus
Christi Teen Court through the Community Youth Development (78415) Program. Mr. Kelly asked
for a status report on any funding issues for this program, saying a district judge had expressed
concern that Nueces County may pull their share of the funding for this program_ City Manager Noe
replied staffwas not aware of any funding issues. He emphasized the city only served as the fiscal
agent for this grant, and staffwas merely forwarding the recommendations made by the Community
Youth Development Program committee, the decision making body. Mr. Noe stated staffwould
provide a report on funding issues_ City Secretary Chapa polled the Council for their votes as
follows:
6.e_ MOTION NO. 2004-332
Motion authorizing the City Manager or his designee to execute a subcon~xact with Corpus
Christi Teen Court in the amount of $16,896 to provide services for youth ages 11 to 17 in
the 78415 ZIP Code.
The foregoing motion was passed and approved with the following vote: Colmenero,
Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Neal was
absent.
Mayor Pro Tem Colmenero opened discussion on Item 8 regarding a change order for the
arena project. Mr. Bill Kopecky, 3609 Topeka, expressed his concern regarding the overall cost for
the arena, saying the costs for change orders have exceeded the initial $35 million project cost
estimate the voters were given during the bond election. Mr. Abel Alonzo agreed with Mr.
Kopecky, and also expressed concern that the award of the construction contract to Fulton Coastcon
Minutes - Regular Council Meeting
August 31, 2004 - Page 11
was biased. A discussion ensued regarding Mr. Alonzo's claims about the Fulton Coastcon conlxact.
City Manager Noe stated he would provide a report on the results of Fulton Coastcon's minority
contracting for this project, broken down by type of firm_ City Secretary Chapa polled the Council
for their votes on Items 8 and 9 as follows:
8_ MOTION NO, 2004-336
Motion authorizing the City Manager or his designee to execute Change Order No. 11 for
the Multi-Purpose Arena (American Bank Center Arena) with Fulton Coastcon, Joint
Venture, of Corpus Christi, Texas in the amount of $160,744 for various architectural,
electrical, mechanical and structural modffications.
The foregoing motion was passed and approved with the following vote: Colmenero,
Chesney, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly abstained; Neal
was absent.
9. MOTION NO. 2004-337
Motion authorizing the City Manager or his designee to execute Change Order No. 10 for
the Convention Center Expansion and Rehabilitation with Moorhouse~eecrofl, Joint
Venture, LLC, of Corpus Christi, Texas in the amount of $308,145 for various architectural,
electrical, mechanical, structural and other modifications.
The foregoing motion was passed and approved with the following vote: Colmenero,
Chesney, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly abstained; Neal
was absent.
Mayor Pro Tem Colmenero opened discussion on Item 18 regarding an amendment to the
Platting Ordinance. City Secretary Chapa announced the fu-st reading ordinance needed to be
amended to state the second reading and public hearing would be held on September 21 rather than
on September 14_ Mr. Scott made a motion to amend the item as stated by Mr. Chapa, seconded by
Ms. Cooper, and passed. City Secretary Chapa polled the Council for their votes as follows:
18. FIRST READING ORDINANCE
Amending the Platting Ordinance of the City of Corpus Christi by revising Section m. I_ 3.
f'), and Section V. B. 11. c) 4), removing the requirement for Texas General Land Office
written approval of State boundary determination of State-owned submerged lands.
The foregoing ordinance was passed and approved as amended with the following vote:
Colmenero, Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye";
Neal was absent.
Mayor Pro Tem Colmenero referred to Item 19, a public hearing to abandon and vacate a
dedicated public right-of-way. City Secretary Chapa announced that the item had been withdrawn.
Minutes - Regular Council Meeting
August 31, 2004 - Page 12
19.a. WITHDRAWN
Public hc~l.g tx, c,,.~ide, ab~Mon~ng ~d vacath,~ a 26,014-squa.. forat ~,dion of m~
~develo~d ~d ~,~ f~ccd 2~ wide d~i~d ~blic dght~f~ay ~t ~ 17 m~d
18, Sc~tio. 20, FI~ Bluff~d E,,cinal F~,. ~.d G~&, T~ (ap~,~imatcly 210-f~t
south and e~t ~thc Bm~.,~o. S~cet a,,d Ch.m~uxi B~lev~d int~,~e~ti~n).
19.b. WITHDRAWN
Chdinm,c,. abandoning ~,,d vacath~g a 26,014-squ~ foot f~,,ti,,~, of
~,.t~ f,~cccl 20-foot wide dcdicatcd p~,blic right-cfi-way out of Lo'm 17 ~,,d 18, Sectk,n 20,
Flour Bluffand Encinal F,m,, ,md Gm&,, T, ~,.ts (ar},,~,xi.,,~t,.ly 210-fi. ct south aqd ca..t of
the Ba.~kh~,.p'eo,, S~et and Ci,.,m,,,, Doulevmd int~,~.,.tlon); subj~,.t to ow~,,.,'~
co,,wlia,,,.c wifli thc s~,.ifi,.d c~,,ditions.
Mayor Pro Tem Colmenero referred to Item 20, and a motion was made, seconded and
passed to open the public hearing on the following item:
20.a_
Public hearing to consider abandoning and vacating a 44,005-square foot portion of an
undeveloped and unsurfaced 40-foot wide dedicated public right-of-way out of Lots 12-13
and 20-21, Section 11, Flour Bluffaad Encinal Farm and Garden Tracts (approximately 0.52
miles south of Saratoga Boulevard and 334-feet east of the South Staples Street fight-of-
way).
No one appeared in opposition to the item. Ms. Cooper made a motion to close the public
hearing, seconded by Mr. Scott, and passed. Mr. Chapa polled the Council for their votes as
follows:
20.b. ORDINANCE NO. 025925
Ordinance abandoning and vacating a 44,005-square foot portion of an undeveloped and
unsurfaced 40-foot wide dedicated public right-of-way out of Lots 12-13 and 20-21, Section
11, Flour Bluff and Encinal Farm and Garden Tracts (approximately 0.52 miles south of
Saratoga Boulevard and 334-feet east of the South Staples Sta'eet right-of-way); subject to
owner's compliance with the specified conditions.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Colmenero, Chesney, Cooper, Garrett, Kelly, Kiunison, Noyola and Scott,
voting "Aye"; Neal was absent.
Mayor Pro Tem Colmenero referred to Item 21, and a motion was made, seconded and
passed to open the public hearing on the following zoning case:
Case No. 0704-03, Lou-Tex Medical Venture. LLC: A change of zoning fi-om a "R-lB"
One-family Dwelling District to a "B-4" General Business District The property is in Bass
Subdivision, Block 29, Lot O, located on the north side of Saratoga Boulevard and 400 feet
east of Airline Road.
Minutes - Regular Council Meeting
August 31, 2004 - Page 13
Mr. Chapa said the Planning Commission and Staffs recommendation was the denial of the
"B-4" General Business District, and in lieu thereof, approval of a "B-1" Neighborhood Business
District_
No one appeared in opposition to the zoning change. Ms. Cooper made a motion to close
the public hearing, seconded by Mr_ Chesney, and passed_ City Secretary Chapa polled the Council
for their votes as follows:
21. ORDINANCE NO. 025926
Amending the Zoning Ordinance upon application by Lou-Tex Medical Venture, LLC by
changing the zoning map in reference to Bass Subdivision, Block 29 Lot O, from a "R-lB"
One-family Dwelling District to a "B-I" Neighborhood Business District; amending the
Comprehensive Plan to account for any deviations fi.om the existing Comprehensive Plan.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Colmenero, Chesney, Cooper, Garret-t, Kelly, Kinnison, Noyola and Scott,
voting "Aye"; Neal was absent.
Mayor Pro Tem Colmenero referred to Item 22, and a motion was made, seconded, and
passed to open the public hearing on the following zoning case:
Case No. 0704-04. Wayne Me)r: A change of zoning fi'om a "F-R" Farm-Rural District
to a "RE" Residential Estate District. The property is 9.890 acres out of Flour Bluff and
Encinal Farm and Garden Tracts, Section 51, Lot 24B located on the west side of Waldron
Road and 600 feet south of Yorktown Boulevard.
City Secretary Chapa said the Planning Commission and Staffrecommended the approval
of a "RE" Residential Estate District.
No one appeared in opposition to the zoning change. Ms_ Cooper made a motion to close
the public hearing, seconded by Mr. Scott, and passed. City Secretary Chapa polled the Council for
their votes as follows:
22.
ORDINANCE NO. 025927
Amending the Zoning Ordinance upon application by Wayne Meyr by changing the zoning
map in reference to 9.890 acres out of Flour Bluff and Encinai Farm and Garden Tracts,
Section 51, Lot 24B, fi.om a "F-R" Farm-Rural District to a "RE" Residential Estates
District; amending the Comprehensive Plan to account for any deviations fi.om the existing
Comprehensive Plan_
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Colmenero, Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye"; Neal was absent.
Mayor Pro Tem Colmenero referred to Item 23, and City Secretary Chapa stated that this
Minutes - Regular Council Meeting
August 31, 2004 - Page 14
item had been withdrawn by the applicant.
23_ WITHDRAWN
Pu.,..ding thc Zonl,g O, dh,m~.c upo. ,~t,pllcatlo. by M~ O, t~ by ch&,si.g th~ mnh~g
,,,ap in mf~,~ncc ~ 40.02 ac, c~ ~t of FI~ Bluff ~,d Enc~al F~,~ ~d G~&,, T,~,
Section 20, L~ 17 ~d 18, rio,,, a "F-R" F~,.,-R~al Diarist to a "R-ID" Otle-family
Dwelli,,g Dish i~t, a,,,~,,ding thc Co,.p, cllen~ivc Pla,l ~ aec~t ~ &,j deviati~,~, fiu,~ the
c~sting Comp,~l,~.~ive Plm~.
Mayor Pro Tem Colmenero opened discussion on Item 25, a construction contract for the
Water Main Improvements on Elizabeth/19th Slreet. City Engineer Escobar reported the project
would allow for necessary improvements to the city's water main distribution systems to ensure
adequate water pressure and reliable service to the two hospitals in the downtown area, Spohn
Shoreline and Spohn Memorial. Mr. Kelly asked if the improvements would also improve the water
pressure for the neighborhoods in the area. City Engineer Escobar replied affirmatively. Mr. Kelly
asked if the residents would experience an interruption in water service during the construction. Mr.
Escobar replied negatively, saying the old system would stay in service continuously until the new
water system was installed. After the new system was tested and sterilized, the old water
connections would be transferred to the new system. Mr. Kelly asked what condition the sweets
would be left in once the repairs were completed. City Engineer Escobar answered the street would
be patched, but it would be seal-coated to provide a smooth driving surface.
Mayor Pro Tem Colmenero asked about the duration and type of inconveniences the pubhc
may experience as a result of the construction. Mr_ Escobar replied a traffic lane would be
temporarily closed in order to lay the new water line, reducing traffic fi.om two lanes to one lane in
each direction. He said the city was coordinating with police, fire, and the hospital district to ensure
work in critical areas was completed before Christmas. After Christmas, the work would resume
in other areas. He said the project was scheduled for completion in February 2005_ There were no
comments fi.om the audience. City Secretary Chapa polled the Council for their votes as follows:
25_ ORDINANCE NO. 2004-344
Motion authorizing the City Manager or his designee to execute a construction contract with
Ramos Industries, of Pasadena, Texas in the amount of $1,755,384 for the Water Main
Improvements Elizabeth Sh'eet/19th Stzeet_
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Colmenero, Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye"; Neal was absent.
Mayor Pro Tern Colmenero referred to the presentations on the day's agenda_ City Manager
Noe ina-oduced Ms. Wanese Butler, acting director of the human relations department, who
Minutes - Regular Council Meeting
August 31, 2004 - Page 15
presented the FY 2003-04 fourth quarterly update on the city's Title II transition plan, under the
Americans with Disabilities Act (ADA).
Ms. Butler reported on the progress of improvements to the six categories of accessibility
and barrier removal under the ADA transition plan as follows: public facilities, public programs, site
development, outreach, citywide curb ramps, and individual curb ramp requests_ She noted that the
plan's public facility improvements were funded through FY 2003-04 CDBG program, while the
public programming improvements and annual accessibility items were funded through the city's
operating budget.
Regarding public facilities improvements (e_g. City Hall, libraries, health clinics, street/solid
waste services, recreation centers, and senior centers), Ms_ Butler reported that a pre-consl~'uction
meeting was held with Zimmerman Construction during the fourth quarter. Project work has
commenced at the central library, Fire Station #5, stxeet/solid waste building, Cole Park
Amphitheater, Fire Station #12, and Oso Golf Course. She said bids were sought and reviewed for
additional unforeseen work to address underground piping issues in the sla-eet/solid waste services
department project. Finally, she said the barrier removal facility projects consisted of 26 sites, with
approximately 30 p~cent of the construction completed as of the July 2004 report submitted by
Chuck Anastos Associates, the city's architect/engineering consultant_ The estimated completion
date for the entire project is October 2004.
Ms. Butler covered the accessibility improvements in the public programs category,
including libraries, museum, closed captioning, and customer service areas. She reported that shaft
had finalized the contract for assistive technology, accessible equipment and other services for the
Museum of Science and History. She said the technology will allow vision-impaired patrons to tour
the museum through an audio tour. The actual audio production is in progress and will be available
shortly. In addition, Ms_ Butler stated that staff has negotiated an agreement for professional
services for live closed captioning for Council meetings. Preparations are underway for the
specialized equipment, with testing to commence next month. She also reported video closed
captioning was continuing to be provided for monthly "Cityscape" television segments.
Regarding public programs in the libraries, Ms_ Butler stated the service counters at the
Parkdale and Northwest Librahes are being modified to provide accessibility for customers in
wheelchairs or scooters. In the senior centers and recreation centers, Ms. Butler stated accessible
tables have been purchased for customers with disabilities. The swimming pool enti'y in Collier
Pool is currently being modified. Finally, she said staff was continuing to assist the solid waste
services department with automated ~xash pick-up by making reasonable accommodations for those
individuals who were unable to take their trash receptacle to the curb
Ms. Butler reported on the accessibility improvements in site development, focusing mainly
on staff training on state accessibility standards through the Texas Department of Licensing and
Regulation (TDLR). She said one staffmember had completed the TDLR full accessibility academy
in this quarter, and two staff members will attend in the next quarter. Additionally, she said two
additional staffmembers would also attend upon filling two vacancies due to retirement.
Ms. Butler reviewed the next category of~mprovements in accessibility ou~ach/awareness
on ADA issues. She reported training and resources were being provided internally to the city's
Minutes - Regular Council Meeting
August 31, 2004 - Page 16
ADA coordinators. Training conference sessions were also held during July's Human Relations
conference on ADA compliance for public entities as well as private entities and businesses.
Finally, she stated three sensitivity and awareness training sessions, including mining on
PeopleFirst language, were conducted for city employees in this quarter.
Ms. Butler reviewed accessibility improvements in the curb ramps category_ Regarding
citywide curb ramp projects identified through the city's transition plan along arterial and collector
streets, Ms. Butler said those potential improvement projects would be presented for voter
consideration in the 2004 bond election. Individual curb ramp requests submitted to the human
relations department were being worked on in conjunction with engineering services. Ms. Butler
stated Nuway International, Inc_ had been awarded the contract to complete the $224,310 in
proposed projects.
Mr_ Garrett asked if the city was coordinating its ADA projects around bus stops with the
RTA. City Engineer Escobar replied that the city had received a commitment fi-om the RTA to
provide monies for bus stop renovations, and was continuously working on ten to eleven projects
at a time.
Mayor Pro Tem Colmenero opened discussion on Item 26 regarding the ad valorem tax rate_
Director of Finance Cindy O~Brien explained this item was comprised of the ordinance adopting the
2004 ad valorem tax rate of $.634175 per $100 valuation and a motion approving the 2004 tax levy
of $61,131,691 as submitted.
Mayor Pro Tem Colmenero asked for public comment_ Mr. Bill Kopecky, 3609 Topeka,
commented the city's tax rate was better than the county's tax rate, but he felt the city could have
furthered lowered their rate. City Secretary Chapa polled the Council for their votes as follows:
26.a. ORDINANCE NO, 025928
Ordinance prescribing the taxes to be levied, assessed, and collected by the City of Corpus
Christi, Texas for tax year 2004 and for each succeeding year thereat~er until otherwise
provided and ordained and such other year as the same may be applicable.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Colmenero, Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye"; Neal was absent.
Minutes - Regular Council Meeting
August 31, 2004 - Page 17
26_b. MOTION NO. 2004-345
Motion approving the 2004 Tax Levy of $61,131,691 based on the adopted tax rate of
$0.634175 per $100 valuation, in accordance with Section 26.09(e) of the Texas Property
Tax Code.
The foregoing motion was passed and approved with the following vote: Colmenero,
Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Neal was
absent.
Mayor Pro Tem Colmenero opened discussion on Item 27, the second reading of the
proposed vacant building ordinance_ City Manager Noe explained during the fu~t reading of the
ordinance, staff`had reported one section of the ordinance needed to be f'ma]izeck He asked Assistant
City Manager Margie Rose for a report. Ms. Rose stated at the August 17 council meeting, staffhad
reported on outstanding issues in Section 13-3009 of the proposed ordinance regarding the standards
for boarding up a vacant building. After the meeting, staffmet with the various interest groups
involved in the process, who requested that this section provide more detailed descriptions of the
standards. Consequently, Ms_ Rose reported the revisions to Section 13-3009 now provided
substantial detail regarding the type of wooden structural panels needed, the required fasteners and
hardware, paint, and installation standards for different types of buildings (wooden structures with
wood trim, masonry structure with wood Wim, etc_), and required signage.
Mayor Pro Tern Colmenero asked for public comment. Ms. Norma Urban, president of the
Downtown Management District, pointed out a discrepancy in Section 13-3010, which stated the
owner must apply at least one coat of exterior paint, whereas Section 13-3009 stated the owner must
apply at least two coats of paint_ Staff`concurred Section 13-3010 should be amended to require two
coats of paints. Otherwise, she said the Downtown Management District was pleased with the
ordinance and hoped it would help the downtown area.
Assistant City Manager Rose thanked the organizations involved in the decision making
process, namely the Downtown Management District, the Board of Realtors, Flint Hills Refinery,
the Building Owners and Managers Association, and the Business Interiors of Texas_ She also
thanked staff for their efforts, especially First Assistant City Attorney Jay Reining.
Ma:. Reining noted that Section 13-3010 needed two amendments. First, an amendment was
needed to change the number of coats of paint required fi.om one to two, as pointed out by Ms.
Urban. Second, an amendment was needed to change the second to the last sentence in the section
to read "The coat of exterior paint must be black, white, the predominant color of the building, or
a color approved by the Administrator". A motion was made, seconded, and passed to amend
Section 13-3010 as stated by Ma-. Reining. City Secretary Chapa polled the Council for their votes
as follows:
Minutes - Regular Council Meeting
August 31, 2004 - Page 18
27.a. MOTIONNO. 2004-346
Motion to amend prior to Second Reading the Ordinance amending Chapter 13, Code of
Ordinances, by adding a new Article III relating to vacant buildings; providing for penalties;
and providing for publication, which was adopted on First Reading on August 13, 2004, by
revising Section 13-3009.
The foregoing motion was passed and approved with the following vote: Colmenero,
Chesney, Cooper, Garrett, Kelly, Kmnison, Noyola and Scott, voting "Aye"; Neal was
absent.
27.b. ORDINANCE NO. 025929
Amending Chapter 13, Code of Ordinances, by adding a new Article III relating to vacant
buildings; providing for penalties. (First Reading 8/17/04)
The foregoing ordinance was passed and approved on its second reading as amended with
the following vote: Colmenero, Chesney, Cooper, Garreth Kelly, Kilmison, Noyola and
Scott, voting "Aye"; Neal was absent_
Mayor Neal called for the City Manager's report. City Manager Noe reported staff was
developing materials for distribution to the public explaining matters relating to the November bond
election. He said staffwould share the drafts with the Council as they progressed. He also reported
the Neighborhood Pride Program, the sustainability effort for the Neighborhood Initiative Project,
was continuing, with a well-attended meeting in Gardendale Church for last year's NIPArea 3
residents. The next meeting was scheduled on September 15 at Oso Recreation Center for last year's
ND Area 4_ He also thanked Mr. J.J. Gottsch and the Corpus Christi Hooks for their assistance in
promoting the "Hooked on Reading" program this summer. He said over 700 kids completed the
reading requirement of 20 books, and would receive tickets to upcoming baseball games. As part
of the city's efforts to make better use of crime statistics, he said the police department had initiated
a "hot spot" program in the Leopard Street area. In the last two months, staff recorded a 27.27
percent decrease in crime in that area as a result.
Mr. Noe reported the following items were scheduled for the September 14 meeting: Work-
Force I quarterly update; annual agreement with the South Texas Aggregation Project regarding
electric costs; and a number of zoning cases.
Mayor Pro Tern Colmenero called for petitions fi.om the audience. Mr. J.E. O~Brien, 4130
Pompano, spoke in favor of reinstating the city's internal auditor position. Mr. Bill Kopecky, 3609
Topeka, commented the Ennis Joslin street project, fi'om SPID to Ocean Drive, was taking too long
to complete. Mr. Carlos Torres thanked those council members who had taken tours of the fire
stations recently, informed them about the International Association of Firefighters Fire Ops 101
program, and also asked the Council and the public to support the MDA Labor Day Telethon.
Minutes - Regular Council Meeting
August 31, 2004 - Page 19
Mayor Pro Tem Colmenero called for Council concerns and reports. Mr. Noyola asked if
there were going to be any more improvements to Inwood Park near Troj an Drive and the Crosstown
Expressway. City Manager Noe replied staff would provide a report. Mr. Noyola also stated the
graffiti on the stop sign at the 4000 block of Capitol and Congressional had still not been removed.
He also asked for a status report on a request he had made through the Customer Call Center for
information on the number of school zone citations issued within the last few years. Mr. Noe said
staff would follow-up. Finally, he asked when the 4A Board would review applications for
affordable housing. Mr. Noe replied the Board had not set a schedule for another review of
affordable housing applications, and he would see about placing it on their agenda.
Ms. Cooper remarked on the recent local news article noting the number of positive feature
articles in which the city has appeared. She attributed the success in large part to the efforts of Mr.
Ron Kitchens with the EDC, and thanked him for his work. She also announced the next town hall
meeting would be held on September 13 at 6:00 p.m. at Luther Jones Elementary School, hosted by
Mr. Kinnison, Mr. Garrett, Mr. Chesney, and herself.
Mr. Colmenero asked for a report on the possible effects of the Governor's proposed military
funding options on the city's 4A corporation_ Mr_ Noe clarified the Governor was not proposing any
additional funding for these options; rather, he was allowing cities to use funds already available to
them.
There being no further business to come before the Council, Mayor Pro Tern Colmenero
adjourned the Council meeting at 11:13 a.m. on August 31, 2004.
2
ELECTRICAL ADVISORY BOARD - Two (2) vacancies with terms to 12-31-04 and 12-31-
05 representing the following categories: 1 - Commercial Builder and 1 - Not connected to the
electrical industry.
NOTE: Since the term will expire shortly for the member appointed to 12-31-04, tt is
recommended that Council automatically reappoint the new member to a two-year term
ending 12-31-06.
DUTIES: To evaluate work experience, education, and other qualifications of applicants for
electrician licenses, preparation and grading of e:gaminatious for each classification of electrician
required to be examined; to prescribe the manner and sequence of examinations; to revoke or
suspend license on proof of iirffactions; to recoEni?e licenses issued by other cities if they meet
the requirements of the City Code. An applicant who fails an examination three times may
appeal to the City Manager to appoint a special board to examine said applicant.
COMPOSITION: Nine (9) persons appointed by the City Council: two (2) persons with at least
five years active experience as a master electrician; one (1) person with at least five years active
experience as a journeyman electrician; two (2) engineers: one (1) shall be a registered
professional engineer in the State of Texas, and one (1) shall have a Bachelor Degree in
Electrical Engineering and a mJ_nirnum of five yeaxs experience in electrical engineering; one (1)
person with five years experience in the commercial building industry; one (1)person w~th five
years experience in the home building industry; and two (2) members, residents of Corpus
Christi, not connected with the electrical industry. Five (5) members of the Board constitute a
quorum, and concurring vote of not less than five (5) members is necessary to constitute an
official action of the Board.
MEMBERS TERM
Kyle Budd (Master Elec.), Chairperson 12-31-05
Martin Adrian (Master Elec.), Vice-Chair 12-31-04
*John Homer (Not conn. to elec. industry) 12-31-04
Robert R. Connoly (Not conn. to elec. industry) 12-31-04
Miguel Carranco (Journeyman Elec) 12-31-04
Shane Tomo (Reg. Engineer) 12-31-05
VACANT (Commercl al Builder) 12-31-05
Charles E. Sebbert (Home Builder) 12-31-04
Joe Hemandez (Electrical Eng) 12-31-04
ORIGINAL
APPTD. DATE
2-17-98
1-09-01
1-09-01
1-09-01
1-12-99
5-21-02
5-16-00
10-14-97
*Resigned
INDIVIDUALS EXPRESSING INTEREST
Ray Bachnak
Professor of Commuting and Math Science, Texas
A & M University - Corpus Christi. Received
Ph.D. in Electrical Engineering. Board member of
the IEEE Corpus Christi Section. (Not connected
to etectrical industry) (4-20-04)
Bill Ewing
President, Ewing Construction Company, Inc.
Received B.S. from Texas A & M University -
College Station. Member of the Associated General
Contractors of America. Previously served on the
Building Standard Board. (Commercial Builder)
(S-04-04)
Everest Huerta
President, EGH Construction. Received an
Associates in Applied Science_ Received thc
Corpus Christi Hispanic Chamber of Commerce
"Business Man of the Year" Award. (Commercial
Builder) (9-03-04)
Richard Gray
Sales Associate, Graybar. Received an Associates
Degree in Electrical Power Distribution. Treasurer
for the S.E_A. (Not connected with electrical
industry) (2-18-04)
NUECES CoI.rNTY COMMUNITY ACTION AGENCY - Three (3) vacancies with one-year
terms to 10-05. (Note: The City's appointees must be public official~ Traditionally council
members have been appointed and tf unable to attend meetings, they designate staff or others
as representatives.)
DUTIES: To develop programs and human resources to provide assistance to the poor of
Nueces County.
COM~'OSmON: Up to 27 members, three (3) of whom may be appointed by the City Council
and submitted through the County Judge to the Community Action Agency at its annual meeting
in September for confirmation. Number of membem of public officials established annually by
the County.
MEMBERS
Mayor Loyd Neal
Council Member Javi~r Colmenero
Council Member Jesse Noyola
REPRESENTED BY
Rev. William Pullam
Laura A. Aguifiaga
Rose Soto
TERMS
SISTER CITY COMMITI'EE - Eight (8) vacancies with tcmts to 9-05 and 9-07_
DUTIES: To study ways and means of improving relations with the Corpus Christi sister cities
and to advise and consult with and assist the Mayor, the City Council, the City Manager and all
other City agencies, boards and officials in accomplishing the purposes of the Sister City
program.
COMPOSITION: It shall consist of a Steering Committee of twenty-one members and various
subcommittees, members who shall be broadly representative of the racial, religious and ethnic
groups in the community. The members shall be appointed by the City Council and shall serve
three-year t~tms or until thek successors are appointed and qualified.
ORIGINAL
MEMBERS TERM APPTD. DATE
*Randy Farrar, Chairman 9-04 6-11-02
**Sue Dulaney 9-04 9-8-98
Yalee Shih 9-05 10-21-97
Rebecca A.E. Hawn 9-07 6-15-04
Mufid A. Abudiab 9-05 10-10-00
Ellen Murry 9-05 4-16-02
Mary .Ann Lopez 9-05 6-15-04
**Gary Hansen 9-04 9-10-96
***Regis Barber 9-04 12-10-02
West/Horn 9-07 6-15-04
Ann Jaime 9-05 6-13 -00
**Rose Gunji 9-04 9-09-97
*Hsiu "Mindy" Chang 9-04 10-14-03
****Amanda Jane Haney 9-04 10-14-03
*****Connie Murloz 9-05 4-13-04
Judy Benkendorfer 9-06 1 0-1 0-00
Flicka Rahn 9-06 6-15-04
Elizabeth R. Iglesias 9-06 4-22-03
John Rocha 9-06 9-23-03
Mary H. "Bebe" Morris 9-06 9-09-02
Sharon L. Phillips 9-06 9-09-02
*Seeking reappointment
**Has met the six-year limitation and is ineligible for reappointment
***Has exceeded the number of absences allowed by ordinance; seeking reinstatement
*** *Is not seeking reappointment
*****Resigned
ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT
NO. OF MTGS. NO.
NAME THIS TERM PRESENT
Randy Farrar 12 12
Hsiu "Mindy" Chang 10 8
% OF ATTENDANCE
LAST TERM YEAR
100%
80%
(The Sister City Committee is recommending the reappointment of Randy Farrar and Hsiu
"Mindy" Chang and the reinstatement of Regis Barber. They are also recommending Sonta
Quadros Heil, Heather Stanton More~sohn, Joseph P. Alley, I/enecla Kelly and Aaron Cooley
as new appointmenL)
OTHER INDMDUALS EXPRESSING INTERST
Joseph P. Alley
First Assistant Chief Probation Officer, Nueces
County Juvenile Departxncnt. Received B.A_ fi-om
the University of Texas m Austin and M.A. tSom
Sam Houston Statue University. Activities include:
Texas Juvenile lustice Association, Youth
Opportunities United, Coastal Bend Alliance for
Youth and Corpus Christi Teen Court. (8-17-04)
Aaron Cooley
Executive Director, The Center for One America.
Received a B.A_ in Anthropology and M.A_ in
Education from the University of North Carolina.
Professional memberships include: American
Educational Research Association, Comparative
and International Education Society, Popular
Culture Association and Philosophy of Education
Society. Extensively traveled through Central
America and Europe. (3-18-04)
Kenneth Faseler
Substitute Teacher and Adjunct Instructor, Corpus
Christi Independent School District/Del Mar
College. Instructor of Portuguese and Brazilian
Culture and local musician. (8-13-04)
gonia Q,,~a~'os I-Ieil
Teacher, Corpus Christi Independent School
Distxict. Received a Master's in Education and
Counseling. Activities include: Portuguese teacher,
Special education advocate, and Portuguese and
Braz/lian Culture at Del Mar College. (8-13-04)
Venecia Kelly
Teaching Assistant/Composition Instructor, Texas
A & M University - Corpus Christi. Received B.S.
fxom Texas State University and pursuing M.A. at
Peter Kuntu-Mensah
Heather Stanton Moretzsohn
Kelly Smith
Elaine A. Yellen
Texas A & M University - Corpus Christi. Has
traveled to Russia, Morocco, Israel and Germany
both for work and study. (8-17-04)
Assistant Professor of Computer & Math Sciences,
Texas A&M University~2orpus Christi. Ph.D_
from University of Maine; M.S. from Ohio State
University_ Member of the Texas Society of
Professional Surveyors and the American Society of
Photogram. (12-04-02)
Received M.A. in International Law and J.D. from
the University of Hawaii_ Assisted with the Sister
City program when in Japan. Has lived in Japan,
Brazil, Austria and Mexico. Speaks German,
Portuguese, Spanish and Japanese_ Received the
Rotary Scholar Award and the National Security
Foundation Scholarship. (9-07-04)
CSRI, Labor Ready. Participated in Sister City
program in Yokosuka, Japan while attending high
school. (9-24-03)
Assistant Professor of Nursing, Texas A&M
University - Corpus Christi_ Ph.D. in Nursing.
Active volunteer with St_ Bartholomew's Church.
Member of Texas Nurse's Association- local
chapter. (5-28-04)
3
NO ATTACHMENT FOR THIS ITEM
4
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM: Hurricane Evacuation Lane Interstate-37
STAFF PRESENTER(S):
Name
1. Juan J. Adame
2.
3.
Title/Position
Fire Chief
Department
Fire
OUTSIDE PRESENTER(S):
NamE}
Title/Position
Orqanizatlon
1. Ismael Soto, P.E. Director of Transportation Operations
2.
TxDOT
ISSUE:
With over one million people living in the Coastal Bend area, a need for Increased
roadway capacity and alternative routes for Hurricane evacuation Is essential.
BACKGROUND:
A Texas Department of Transportation study has recommended increasing the
capacity of 1-37 for mess evacuations. In,rd_er to achieve this goal theNorth
bound ramp from SPID to North bound 1-37 has been changed to two lanes.
This will remove the bottle neck occurring at this intersection. Furthermore,
the North bound highway shoulder on 1-37 is presently being converted into an
evacuation lane up to the Atascosa County line. Future projects Involve the
continued shoulder conversion to US 281 to San Antonio and the reworking of
the Lantana Street overpass on 1-37.
REQUIRED COUNCIL ACTION: None
Additional Background []
Exhibits []
ment"Flead Signature)
5
NO ATTACHMENT FOR THIS ITEM
6
COUNCIL MEMORANDUM
RECOMMENDATION: Motion approving a supply agreement with SBC, Austin, Texas for
hardware and operating system maintenance and support on the City's Cisco network equipment
in accordance with the State of Texas Cooperative Purchasing Program for a total amount of
$108,894.30. The term of the contract will be for twelve months with an option to extend for up
to two additional twelve month periods subject to the approval of the supplier and the City
Manager or his designee.
Purpose:
The City owns and operates several pieces of networking
equipment consisting of routers, sw/tches, telephones and
associated Cisco hardware. The equipment is the
infrastructure that is required to keep the City's network
operating system up and functional. This maintenance
agreement provides the City with the technical and system
support required to keep the equipment operational.
Basis of Award:
The contract is awarded by the Telecommunications
Services Division (TSD) of the Texas Depaxtment of
Information Services (DIR) under DIR GO-DIRect
contract, DIR-BUSOP-011. DIR is a catalog information
services vendor (CISV) that operates under the Texas
Cooperative Purchasing Program.
Funding:
MiS Operating Budget
530230-5210-40480
$109,000
Mic'
Procurement &Gen
ral Services Manager
7
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 09114~04
AGENDA ITEM:
Motion authorizing the City Manager or his designee to accept grant funding in the
amount of $44,380 from the Texas Depadment of Transportation for a Driving While
Intoxicated Selective Traffic Enforcement Project (STEP) in the Police Department for
overtime DWI enforcement and to execute all related documents.
Ordinance apprepdating $44,380 from the Texas Department of Transportation for
~unding [or a Ddving While Intoxicated Selective Traffic Enforcement Project (STEP) in
No. 1061 Police Grants Fund; and declaring an emergency.
ISSUE: The State of Texas, Department of Transportation is providing funding for Driving While
Intoxicated overtime enforcement in the Police Department to reduce the frequency of alcohol
related crashes.
BACKGROUND INFORMATION: This will be the third year of the grant (10/01/04 - 09/30/05).
The grant places overtime officers across the City Wednesday through Saturday with hours of
operation between 3 pm and 3 am. Other special events and holidays that do not fall on these
days are included also. The performance goals are:
A. Reduce the number of alcohol-related crashes from 206 to 186.
B. Increase DWI an'ests by 185.
In 2003, the City of Corpus Chdsti had 8,938 crashes with 208 being alcohol related. Of the total
31 fatalities, 17 were alcohol related or 55% as compared to the State percentage of 47% and
the national percentage of 41% for 2002.
Unfortunately I:or the year 2004, the data for Jan - July show we already have 18 fatalities, 13 of
which are alcohol related or 72%. A large majodty of these crashes took place on the three
major srate h~ghways where speed an(3 alcohol make tora clea(31y combmal~on. Acl(~t~onally me
gn~~oar~ in {he dowrdow~ area~have d, .w~ ,,~o,~ individuals to this~rea to-take
advantage of the "Happy Hour".
REQUIRED COUNCIL ACTION: Accepting the grant and appropriating funds.
FUNDING: Officers will be working on an overtime basis with the City providing $8,545 for fringe
benet' s (State will not cover retirement costs on overtime) and $8,700 for mileage.
CONCLUSION AND RECOMMENDATION: Staff recommends accepting the grant and appropriating
the funds.
Attachments:
TXDOT grant agreement
[] Fcd~al Pass Through
Grant Funds CFDA #20.600_
[] Sta~ G~ Funds
-- For TIDOT Use Only --
Misc. Conlract Number: 585XXF6042
Charge Number: 05-02-02-BI-AB
Project Year 2005
PIN (14 characters only): 17460005741000
TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
THE STATE OF TEXAS
THE COUNTY OF TR. AVIS
THIS AGREEMENT IS MADE BY and between the State of Texas, acting by and through the Texas
Dcpartm~t of Traml~rtalao~ beremafter called the Department, and City of Corpus Christi
hereinafter called the Subgrante~:, and becomes effective when fully executed by both parties. For the
purpose of this agreement, the Subgrantee is desiEnated as a(n):
[] State Agency [] Non-Profit Organimflon
[] Unit of Local Governmem [] Educational Institution
[] Other (&scribe):
AUTHORITY: Texas Transportanon Code, Chapter 723, the Traffic Safety Act of 1967, and the
Highway Safety Plan for the following Fiscal Year(s) 2005.
Project Title: STEP - Dnvin~ While Intoxicated fi)WI)
Brief Project Description: Reduce DWI-related crashes, injuries and ~talities. Conduct PI&E to increase
public awareness concemm~ DWI
Grant Period: The Grant becomes effective on October l. 2004 , or on the date of final si~ature of both
parties, whichever is later, and ends on September 30. 2005 unless terminated or otber~se modified.
Maximum Amount Eligible for Reimbursement: $44,380.
The following attachments are incorporated as indicated as a part of the Gram Agreement:
· /~ttaehment A. Mailing Addresses
· Attachment B, General Terms and Conditions (TxDOT Form 1854)
· Attachment C. Project DescfilXiOn {TxDOT Form 2076)
· Attachment D, Acti_on Plan (TxDOT Form 1852)
· Attachmem E, Project Budget (TxDOT Form 2077 or 2077-LE)
Attachment F, Operational Plan (TxDOT Form 2109) (for Selective Traffic Enforcement
Program grants only)
ProJect Title: STEP - Drivm~ While Intoxicated (DWI)
TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
The signatory for the Subgrantee hereby represents and warrants that she/he is an officer of the
organiTation for which she/he has executed this agreement and that she/be has full and complete authority
to enter into this agreement on behalf&the organization. At the time the signatory for the Subgrantce
signs the Grant Agreement, she/he will sign and submit to the Department a letter designaling signature
aathority by position title for grant-relm~t documents other than the Grant Agreement or Grant Agreement
amendments. These other grant-related documents will include, but not be limited to, the following:
performance rq:lorts, final porformance iL'~port and admimstmave evaluation report, Requests For
Reimbursement (RFRs), and routree correspondence
THE SUBGRANTEE
THE STATE OF TEXAS
City of Corpus Christi
[Legal Name of Agency]
By
[Authorized Signature]
George K. Noe
Citx, M~r~¢r
lTitle]
Executed for the Executive Director and approved
for thc Texas Transporhalion Commission for the
purpose and effi~ of aCUvanng and/or carrying out
ordem, established policies or work programs
approved ard authorized by the Texas
Transportation Commission.
By
District Engineer
Texas Department of Transportation
Date:
[Name]
Under authority of Ordinance or Resolution
Number (for local governments):
[Tide]
Date:
Bv
Director, Traffic OpcraUons Division
Texas Department of Transportatton
(Not required for local project grants under
$100,000.)
Dale:
Attachment A
Project Title: STEP - Drim~ While Intoxicated (DWI)
Mailing Addresses
For the purpose of this agreement, the following addresses shall be used to mail all required notices,
reports, claims, and correspondence. (NOTE: For warrants (checks), the address indicated by the
electronic mail code, which is the last three digits of the PIN on page 1 of this Grant Agreement. shall be
used for disbursing payments If that address is not wbere the Subgrantee wants warrants or checks to be
sent, the Subgrantee needs to notifiy the Department of any appropriate changes.
For Subgrantee (Pro~ect I)lrector):
Name: P. Alvarez. Jr.
Title: Chief of Police
O or~ani~ation:
Corpus Christi Polioe Department
Addreas: P. O. Box 9016
Corpus Christi, Texas 78469
Phone: 36]-886-2604
Fax: 361-886-2607
E-mail: palvare, z~cctexas, corn
Note: Any change in the Subgrantee inforrmtXlon m this Attachment A, Mailing Addresses, does not reqmre
an amendment to the Grant Agreement. However, the Subgrant~ must submit a letter with the corrected
information to the Bepartment address below within 15 days of the change.
For Texas Ilepartment of Transportation:
Name: Sherry M. McLeroy
I ltle: Tm n?orlalion Funding SpeclallSl
OrganiTatien:
Texas Department of Transporlation
Addre~: P. O. Box 9907
Corpus Christi, Texas 78469
Phone: 361-808-2205
Fax: 361-808-2313
E-maih smcleroy~dot, slatc. Lx.us
Project Title: STEP - Drivin~ While Intoxicated (DWI)
Subgrantee: City of Corpus Christi, Police Deoartment
Attachment B
Texas Traffic Safety Program
GRANT AGREEMENT GENERAL TERMS AND CONDITIONS
ARTICLE 1. COMPLIANCE WITH LAWS
1[he Subgrautce shall comply with all federal, stale, and local laws, statutes, codes, ordinances, rules and
reg~fiations, and the orders and decrees of any courts or administrative bo&es or Ixibtmals m any matter
affecting the performance of this Agr~ment, including, without limitation, workers' compenSaaon laws,
minimum and maximum salary and wage statutes ami regulations, nondiscrimmalJon laws and regulations,
and liming laws and regulations. When require& the Subgrantce shall furmsh thc Department with
satisfactory, proof of its compliance therewith
ARTICLE 2. STANDARD ASSURANCES
The Subgmntee hereby assures and certifies that it will comply wrda the regulations, pohc~es, guidelines,
and requirements, including 49 CFR (Code of Federal Regulanons), Part 18; 49 CFR, Part 19 (OMB
[Office of Manag~nent and Budget] Cirofiar A-110); OMB Circular A-87; OMB Circular A-102; OMB
Circular A-21; OMB Circular A-122; OMB Circular A-133; and the Traffic Safety Program Manual, as
they relate to thc apphcanon, acceptance, and use of federal or slam funds for this project. Also, the
Subgrantee assures and certifies that:
A. It possesses legal anthonty to apply for the grant; and that a resolution, motion, or similar action has
been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing
of the applicatmu, including all understandin~ and assurances contained therein, and dimct, ng and
author/zing the person ~dentrfied as the official representative of the apphcant to act in connection wrth
the apphcanon and to provide such additional informanon as may be required.
B. It and ~ts subcomractors will comply with Title VI oftbe Civil Rights Act of 1964 (Pubhc La~v 88-
352), as amen&d, and in accordance with that Act. no persrm shall discrkmin~, on the grounds of
race, color, sex, national origin, age, rchg~o~ or disabflay.
C. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real
Property Acquisitions Act of 1970, as amended; 42 USC (United Stat~ Code) §§4601 ct seq.; and
U.itcd Stal~ I~ mtca~t of T. mt~portatiun (USDOT) svgulatiun~, "UlliflJllll Rvlu~diua ',md Rr~
PropoftyAcqmmtaon for Federal and F?.~rallny Az..s~'*o.~nrogmms,TM 49 CFR. Part 2M; which provide
for fair and eqUitable tr~tment of persons displaced as a result of foa~-ral and federally assisted
programs.
D. It ~vill comply e, dth the provisions of the Hatch Political Activity Act, which limits the pohtical acUvity
of employees. (See also Article 25, LobbYing Certification.)
E. It will comply with the federal Fair Labor Stm~dards Act's minimum wage and overttme reqmrcanonts
for employees performing project work.
It will establish safeguards to prohibit employees from using their positions for a purpose that is or
g~ves the appearance of being motivated by a desire for private gain for themselves or others,
particularly those with whom they have family, business, or other ties.
G. R will give the Department the access to and the right to examine all records, books, paper, or
documents related to this Grant Agreement.
Project Title: STEP - Drivinl~ While Intoxicated (DWI}
Subgrantee: Citw of Corl~us Christi, Police De~artrflent
Attachment B
H. It will comply with all requirements imposed by the Department concemiag special requtrernents of
law, program requirements, and other admimstra~ve requirements.
It recOgmzes that many federal and state laws imposing environmental and resource conservation
requirements may apply to this Grant Agreement. Some, but not all, of the major federal laws that may
affect the prOject include: the National Environmental Pohcy Act of 1969, as amended, 42 USC
§§4321 et seq; the Clean Air Act, as amended, 42 USC §§7401 et seq and sections of 29 USC; the
Federal Water Pollution Control Act, as amended, 33 USC §§1251 et seq.; the Resource Conservataon
and Recovery Act, as amended, 42 USC §§6901 et seq.; and the Comprehensive Environmental
Response, Compensataon, and Liability Ach as amended, 42 USC §§9601 et seq. The Subgmatee also
recogn~ iTes that the U.S. Environmental Prote~aon Agency, USDOT, and other federal agencies have
issued, and in the future are expo:md to issue, regulatio~ guidelines, standards, orders, directives, or
other requirements that may affect this Project. Thus, it agrees to comply, and assares the compliance
of each contractor and each subcontractor, w~th any such federal requirements as the federal
government my now or in the future promulgate
It will comply with the flood msuranee purchase requrrements of Section 102(a) of the Flood Disaster
Protectaon Act of 1973, 42 USC 04012a(a). Seetton 102(a) requires, on and after March 2, 1975, the
purchase of flond insurance in commumfles where such insurance is available as a conditaon for the
receipt of any federal financial assistance for construction or acqmsifion purposes for use tn any area
that has been identified by the Secretary oftbe Department of Honsmg and Urban Development as an
area having special flood ha:'ards. The phrase ~'federal financial assmtance" includes any form of loan,
grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any form of
dire~ or indireet federal assistance.
K It will assist the Deparlment in its compliance with Section 106 of the National I-Iistonc Preservation
Act of 1966 as mended (16 USC 470 et seq.), Executive Order 11593, and the Anlaquit~es Code of
Texas (National Resouxces Code, Chapter 191).
L It will comply with Chapter 573 of the Texas Government Code by ensuring that no officer, employee,
or member of the Subgtantee's govertfing board or the Subgrantee's subcontractors shah vote or
confirm the employment of any person relate~ within the second degree of affinity or third degn~ by
ennsangumity to any member of the governing b<xty or to any other officer or employee authortzed to
employ or supervise such person. This prohibitioa shall not prohibit the employment ora person!
described la Scetaon 573.062 of the Texas Government ~0~e
M. It will ensure that all information coUeeted, assembled, or maintained by the applicant relative to this
project ghall be available to the pubhc dunng normal business hours in compliance with Chapter 552
of the Texas Govemmont Code, unlcr, s otherWse expressly provided by law.
N. If applicable, it will comply with Chapter 551 of the Texas Government Code, which requires all
regular, special, or called meetings of govemmeafual bo&es to be open to the public, except as
otherwise prowded by law or specifically perrmtted in the Texas Constitution.
ARTICLE 3. COMPENSATION
A. The methed of payment for this Agreement will be based on actual costs incurred up to and not to
exceed the limits specified in Atlachment E, Traffic Safety Project Budget. The mount included m the
Project Budget will be deemed to be an estnnat~ only and a higher alllouut c. an be reimbursed, subject
to the conditions specified in paragraph B hereunder. If Attachment E, Traffic Safety Project Budget.
Project Title: STEP - Driving While Intoxicated (DWI)
Subgrantee: City of Corl~us Christi, Police Department
Attachment B
specifies that costs are based on a specific rote, per-umt cosq or other method of paymeaVt,
reimbursement will be based on the spccffied method.
B. All payments vail be made in accordance with Attachment E, Traffic Safety Project Budget.
The Subgrantee's expendituxes may overrun a budget category (I, 1[ or m) m the approved Project
Budget without a grant (budget) amendme~ as long as the overrun docs not exceed a tolal of five (5)
percent per year of the maximum amount eligible for reimbum~nent (TxDOT) m the a"a,~hed Project
Budget for the current fiscal year. This overrun must be off-set by an eqtfivalent underrun else~vhere tn
the Project Budset.
I£the overrun is five (5) percent or less, the Subgmntee must provide written notificatton to thc
Department prior to the Request for Reimbumcrr~nt being approved. This notificatton must be in the
form of an attachment to the Request for Reimbursement that covers the period of the overrun. This
attachment must indicate the amount, the percent over, and the specific reason(s) for the overrun_
Any overnm of more than five (5) percent of the amount eligible for relmbtusement (TxDOT) in the
attached Project Budget requires an amendment of this Grant Agreement.
The mum mount eligible for reimbumement ~hall not be increased above the Ch-and Total
TxDOT Amoant in the approved Project Budget, unless flus Grant Agreement is amended, as described
in Article 5 of this Agnycment.
For Selective Traffic Enforcement Program (STEP) grants only: Ia Attachment E of the Grant
Agreement, Traffic Safety Project Budget (Form 2077-LE), Sublyamees are not allowed m use
underrun funds ff(xn the TxDOT mount of (10O) Salaries, Subcategories A, "Enforcemenl," or B,
~PI&E Activities," to excccrl the TxDOT amount listed in Subc, ategory C, "Other." Also, Subgrantees
are not allowed to use underrun funds fi-om the TxDOT amount of(100) Salaries, Subcalegones A,
"Enforcement," or C, "Other," to ex~'-~*~l the TxDOT amount listed in Subcalegory B, "PI&E
Activities" The TxDOT amotmt for Subcalegory B, "PI&E Activities," or C, "Other," can only be
exceeded wilhin the 5 percent flexibility, with undemm funds from Budget Categories II or m.
C. To be eligible for reimbursement under this Agreement, a cost must be recurred in accordance with
Attachm~lt E. Traffic Safety Project l~dgat, wilhin the lime frame qpem fie~l in the. C~rani- Perind on
page 1 of this Grant Agreement. almbutable towork covered by this AvoeemcrCq ~tnd which has been
completed in a manner satisfactory and acceptable to the Department.
D. Federal or TxDOT funds cannot supplant (replace) fimds from any other sources. The term
~'supplantmg," refers to tl~ use of fetteral or TxDOT funds to support personnel or an activity already
supported by local or state funds.
E Payment of costs incurred under this Agreement ts further governed by one of the following cost
prmCiples, as appropriate, outlined in the Federal Office of Management and Budget (OMB) Circulars:
· A-21, Cost Principles for Instautio~s of Higher Education;
· A-87, Cost Principles for State, Local, and Indian Tribal Governments; or,
· A-122, Cost Principles for Nonprofit Orgamzations.
F. The Subgrantee agnes to subnut monthly or quarterly Requests for RetmbursemenL as designatexl in
Attachment D, Action Plan, within thia'y (30) days at~er the md of the billing period. The Subgrantee
Attachment B
Project Title: STEP - Driving While Intoxicated (DWI)
Subgrantee: City of Corl~us Christi, Police Deoartment
will use billing forms acceptable to the Department, The original Request for Reimbursm'nent, wtth the
appropriate backup documentation, must be submttted to the Department address shown tm
Attachment A, Mailing Addresses, of this Agreement. In ad~tmn~ a copy of the Request for
Reimbursement and appropriate backup docmnentalaon, plus three (3) copies of the Request for
Reimbursement without backrup documentation, must be subnutted to this same address.
G. The Subgrantee agrees to submit the final Request for Reunburscment under this Agreement wrthin
forty-five (45) day's oftl~ end of the grant period.
The Department will exercise goed faith to make payments vathin thirty (30) days of receipt of
properly prepared and documented Requests for Reimbursement Payments, however, are contingent
upon the availability of appropr/a*~-I funds
Project agreements supported with federal or TxDOT fimds are limit~ to t~ length of this Grant
Period. which is specifi~:l o~ page 1 of this Grant Agreement. Iftbe ~t d~rmmes that the
project has demonstmmd merit or has potential long-range benefits, thc Subgrantee may apply for
funding assistance beyond the initial Agreement period. Preference for funding Will be giVen to those
projects for which thc Subgrantee has assumed some cost sharing, those which propose to assume the
largest pereentage of subsequent project costs, and those winch have reed performance flint is
acceptable to the D~am'nent.
ARTICLE 4. LIMITATION OF LIABILITY
Payment of costs recto'red he. under is contmgent upon the availabihty of funds. If at any time during this
Grant Period, the Departm~ ~termmes that there is insufficient funding to commue the project, the
Deparlxn~t ghall so nottfy the Subgrantee, giving mmee of mtant to terminate this Agreement, as specified
m Article 11 of this Agm~nent. If at the end ora federal fiscal year, the Department dm. ermines that them
is sufficient funding and performance to continue the project, the Department may so notify the Subgruntee
to continue thi~ agrc~'ment.
ARTICLE 5. AMENDMENTS
This Agreement may be amended prior to its expiration by mutual written consent of both pames, utiliTing
the C'want Agret'ment Amfmdrmmt deqignated by the I~artment Any armmdment m~qt 1~ exe~nterl hy the
4mames within the Grant period~gs~pecified on ~ 1 of this Crrant Agreement.
ARTICLE 6. ADDITIONAL WORK AND CHANGES IN WORK
If the Subgrantee is of the opimon that any assigne~l work is beyond the scope of this Agreement and
constitutes adchbonal work, the Subgrantee shall promptly notify the Department m writing. If the
D~arlmcm finds that such work docs corot/rote adthtional work, the Department shall so advise the
Suhgrantee and a written amendmcmt to this Agreement will be executed according to Article 5,
Amendments, m provide compensatton for doing this work on the same basis as the original work. If
performance of the additional work will cause the mum amount payable to be exceoded, the work will
not be performed before a written grant amendment is executed.
If the Subgrantee has submitled work m accordance with the terms of this Agreement but the Department
requests changes to the completed work or parts thereof which involve changes to the original scope of
services or character of work under this Agreement, the Subgruntee shall make such revisions as requested
and directed by the Department. This will be considered as additional work and will be paid for as
specificd in this Article.
Project Title: STEP - Drivin~ While Intoxicated (DWI}
Subgrantee: City of Corl~us Christi, Police Deoartment
Attachment B
lfthe Subgrantee submits work that does not comply with the terms of this Agreerae~ the Department
shall tnslxuct the Subgrantee to make such revisions as are necessary to bring the work into compliance
with this Agreement. No additional comlxm~ation shall be paid for t. his work.
The Subgrantee shall make revisions to the work authorized m this Agreement, which are necessary to
correct errors or omissions appeanng thereto, when required to do so by the Department. No additional
comp~.-nk~alaon shall be paid for this work.
The Department shall not be responsible for actions by the Subgxantee or any costs recurred by the
Subgrante¢ relalxng to additional work not directly assoc~iat_~-I with or prior to the execu~on of an
amendment.
ARTICLE 7. REPORTING AND MONITORING
Not later than tl~ty (30) days after the c'nd of each ICI:lOt'tinE period, as designated in AttacAxment D, Action
Plan, the Subgrantee shall submit a performance report using forms provided or approved by the
Depaxtment. For short-term projects, only one ivport submitted by the Subgraa~ at the end of the pn>ject
may be required. For longer projects, the Subgrantee will submit reports at least quarterly and preferably
monthly The frequency oftbe performance reports is established through negotiation between the
Subgrantee and the program or project manager.
For Seleclave Traffic Enforcement Programs (STEPs), performance reports must be submitted monthly.
The performance report wall include, as a minimum: (1) a c°mpanson of ac~ml aceomphshmertts to the
object,yes esmblisbed for the period, (2) reasons why established objechves and performance measures
were not met, if appropriate, and (3) other pertinent information, mchidin~ when appropriate, an analysis
and explaaaaon of cost tmdemms, overruns, or high umt costs.
The Subgranme shall subnut the Final Performance and Adminimatlve EvalUataon Report electmmcally
within thirty (30) days after completion of the grant.
The Subgrantce shall promptly advise the Dcpartme~ in writing of events thai will have a siEnificant
mapact upon this ~t, mcludinE:
A. Problems, delays~, or adverse-conditions, mcluding ..... a change of project director or other chaa~ges in
Subgrantee personnel, that wall materially affect the ability to attain objectives and performance
measures, prevent the meenng of time schedules and o~jCOlves, or preclude thc attainmen~ of prOJect
objectives or perfornmnce measttres by thc established time pericnls. Th/s chselosttre ghall bc
aec°mpamed by a statement oftbe action taken or contemplated and any Depmt or fedcaal
assistance needed to resolve the situation.
B. Favorable developments or events that enable meenng time schedules and objectaves sooner than
annClpat~ or achieVing greater performance measure ontput than originally projected
Project Title: STEP - Driving While Intoxicated (DWI)
Subgrantee: Citw of Cori~us Christi, Police Deoartment
Attachment B
ARTICLE 8. RECORDS
The Subgrantce agrees to maintain all reports, documents, papers, aceountmg records, books, and other
evidence pertaining to costs recurred and work performed hereunder, paeremafler called the records), and
shall make such records available at its office for the tIme period authorized within the Grant Period, as
spectfied on page 1 of flus Grant Agreement. The Subg/antee further agrees to retain said records for four
(4) years from the date of final payment under flus Agreement. until completion of all audits, or until
pending liti?fion has been completely and fully resolved, wh,chever occurs last.
Duly authorized representalaves of the Department, the USDOT, the Office of the Inspector General, Texas
State Auditor, and the Comptroller General shall have access to the records. This right of access ~s not
limited to the four (4) year period but shall last as long as the records are retained.
ARTICLE 9. INDEMNIFICATION
To the extent penmtted by law, the Subgrant~e, if other thaa a government ontity, shall indemnify, hold,
and save harmless the Deparmaent and its officers and employees from all claims and Liability due to the
acts or Ommsions of the Subgrantce, its agents, or eaxtployces. The Subgrantee also agrees, to the extent
pemutted by law, to mdonnify, hold, and save harmless thc Department bom any and all expenses,
including but not limited to attorney fees, all court costs and awards for damages recurred by the
Departmem in litigation or otherwise resisting such elarms or Liabilities as a result of any aCuvities of the
Subgnantee, its agents, or employees.
Further, to the extent permitted by law, the Subgruntee, if other than a government entity, agrees to protect,
mdemmfy, and save harmless the Department from and aEainut all claims, deanands~ and c~,,~es of aCuon of
every kind and charaO, er brought by any eanployee of the Subgrantee aEaingt thc Department due to
personal injuries or death to such employee resulting flora any alleged negligent act, by either comnuSSion
or °Wassion on the part of the Subgrantee.
Iftbe Subgrantee is a government entity, both parties to flus Agrecmcm agree that no party is an agent,
servant, or *mployoe of the other party and each party agrees it is responsible for its individual acts and
deeds, as well as the acts and deeds of its contractors, employees, r~researmtives, and agents.
AI~TICI.IZ 10 rlI~P[ITE,~ AN1] I~F, MF. BII~S
This Agnxnnertt supercedes any prior oral or written agreements, ifa conflict arises between this
Agr~anent and the Traffic Safety Program Manual, this Agreement shall govern.
The Subgmntee shall be responsible for tl~ settlement of all contractual and admini~hative issues ahsiag
out of procurement made by the Subgrantee tn support of Agreement WOl~.
Disputes concerning perfornmace or payment shall be submitted to the D~artment for settlement, with the
Executive Director or his or her designee acting as final referee.
Project Title: STEP - DrivinR While Intoxicated (DWI)
Subgrantee: City of Comus Christi, Police Department
Attachment B
ARTICLE 11. TERMINATION
This Agreement shall remam in effect until the Subgrantee has satisfactorily completed all services and
obliga/aons described hereto and these have been accep~ by the Departme~, unless:
· Tiffs Agreement is temunated m ~amtmg with the mutual consent of both part~es; or
· There is a written thin'y (30) day notice by either party; or
· The Department dctermmes thai the performance of the project is not in the best interest of the
Departrnem and reforms the Subgrantee that the project is temunated immediately.
The Department shall comp,m~am the Subgcantce for only those eligible expenses incurred dunng the Grant
Period specified on page 1 of this C, mnt Agreement which are directly attributable to the completed portion
of the work covered by th~s Agreement. provided that th~ work has been completed in a manner satisfactory
and acceptable to the Department. The Subgranl~e shall not recur nor be rc'imbu~xt for any new
obhgaltons after the effective elate oftenmnation.
ARTICLE 12. INSPECTION OF WORK
The Department and, when federal funds axe revolved, the US DOT, or any authorized representative
thereof, have the right at all reasonable times to inspect or otbenvise evaluate the work performed or being
performed h~rcunder and the prcrmses m which it is bemg performed.
If any inspe~aon or evaluation is made on the promises of the Subgrantee or its subeonla-actor, the
Subgr-antee ~hal! provide and requam its subcontractor to prowde all reasonable facilities and assismace for
the safety and convenience of the inspectors in the performance ofthair duties. All inspections and
evaluations shall be performed in such a manner as will not unduly delay the work.
ARTICLE 13. AUDIT
The Subgrantce shall comply with the reqmrements of the Single Audit Act of 1984, Public Law (PL) 98-
502, ~ that the single audit report includes the coverage stlpRIInte,-I ill OMB ClrCUlal' A-133, "Audits
of States, Local Gownm~nts, and Other Non-Profit Organizations."
The stal~ anditu~ may c~uduct aa audit m
~y ~ ~ ~ment or ~ly
of~ a~ of~e S~ Au&tot, ~er ~e
~t or mv~ m m~on m~ ~ ~.
ARTICLE 14. SUBCONTRACTS
The Subgrantee shaJl not enter into any subcontract with individuals or o ~rgani?ations not a part of the
Subgrantee's orga~i?atJon with~t prior w~itten concurrence with the subcontract by the Department
Subcontracts shall contain all requLmd provisions of this Agn~rnent. No subcontract will relieve t. he
Subgrantee of its responsibility under this Agreement.
ARTICLE 15. GRATUITIES
Texas Transportatton Commission policy mandates that ~mployees of the Department shal~ not accept any
benefit, gift, or favor fi-om any person doing business with or who, reasonably speaking, my do business
Attachment B
Project Title: STEP - Drivint~ While Intoxicated (DWI)
Subgrantee: City of Corl~us Christi, Police Department
with thc DepartJncnt under this Agreement. The only exceptions allowed are ordinary bnsmess lunches and
items that have received the advanced written approval of the Department's Executive Dh-entor.
Any person doing business vath or who reasonably speaking may do business with the Department under
tins Agreement may not make any offer of benefits, giPts, or favors to Department employees, except as
mentioned bere above. Failure on the part of the Subgmntee to adhere to this policy may result in
termination of this Agreement.
ARTICLE 16. NONCOLLUSION
The Subgrantee warrants that it has not employed or retained any company or person, other than a bona
fide employee working solely for the Subgrantee, to solicrt or secure this Agreement, and that it has not
Prod or agreed to pay any company or person, other than a bona fide employee, any f,e, comrmssion,
percentage, brokerage fee, gift, or any other consideraaon contingent upon or resulting from the award or
making of this Agreement. If the Subgrantee breaches or violates this warranty, the Department shall have
the fight to annul thi~ Agreement without 1/ability or, in its discretion, to derluct from the Agreement price
or consideration, or ofl~rinse recover the full amount of such fee, co~mnission, brokerage fee, ennlingent
fee, or gh°t.
ARTICLE 17. CONFLICT OF INTEREST
The Subgrantee represents that it or its employees have no conflict of interest thai would in any way
interfere with its or its employees' performance or which m any v~y conflicts vath the interests of the
Department. The Subgranme shall exercise reasonable care and ddigence lo prevent any actaons or
conditions that could result in a conthct with the Department's interests.
ARTICLE 18. SUBGRANTEE'S RESOURCES
The Subgrantee eertifies that it presently has adequate qualified personnel m its employment to perform the
work required under this Agreement, or will be able to obtain such personnel from sources other than the
Department.
All employees oft. be Subgrant~e shall have such knowledge and experience as will enable them to perform
tJqJ~ dllti~ ~L~-~i~'JJ~J tn thean Any e~nplnyoe nletl~ Ylnhgmnte~ x~hn, in the c. pininn nfthe Departrnent~ i~
incompetem or whose conduct be~com~ ~v'=:Lr~mental to the work. shall immodiatelyJ~e~£ealto_ys~kfi'om
association with the project.
Unless otherwise speofied, the Subgrantee shall furmsh all equipment, materials, supplies, and other
resources required to perform the work.
ARTICLE 19. PROCUREMENT AND PROPERTY MANAGEMENT
The Subgrantee shall establish and adnumster a system to procure, control, protect, preserve, use,
maintain, and dispose of any property fiunished to it by the Department or purchased pursuant to th/s
Agreement in accordance with its own property management procedures, provided th~t the procedures are
not in conflict with the Department's property management procedures or property management standards
and federal standards, as appropriate, in:
Project Title: STEP - Driving While Intoxicated (DWI)
Subgrantec: Citw of Corous Christi, Police Deoartment
Attachment B
· 49 CFR, Part 18, "Uniform Administrative Requkements for Grants and Cooperative Agreements
m State and Local Governments," or
· 49 CFR, Part 19 (OMB Circular A-110), "Uniform Administrative Requirements for Grants and
Agreements with Institutions of Higher Education. Hospitals, and Other Nonprofit orgamzations.''
ARTICLE 20. OWNERSItIP OF DOCUMENTS AND INTELLECTUAL PROPERTY
Upon completion or termination of this Grant Agreem~L whether for cause or at the convenietme of the
pames hereto, all fimsbed or unfinished documents, data, studies, survey, ret[x~rts, m~s, dr'awm~t~,
models, photographs, etc prepared by the Subgtmatee, and equipment and supplies purchased with grant
funds shall, at the option of the DepartmenL become the property oftbe Department. All sketches,
photographs, calculations, and other data prepared under this Agreement ~hall be made available, upon
requesL to the Department without restriction or limitation of their flnlt~r usc.
A. In~l]e~hml property consists of copyrights, patents, and any other form of intellectual property ~ght~
coyel'mg any data b~s, sol°t~BJ'e, mvclltions, tlmining lll~lna[% systl:~'ns design, or other proprietary
information in any form or me&mm
B. All rights to Department The Depamnent shall own all of the rights (meluding copyright& copyright
applications, copyright renewals, and copyright ex-tansions), title and mt~,~ts in and to all data. and
other inform~on develop~l under this contract and versions thereof unless otherwise agre~ to in
writing that there wall be joint ownership.
C. All rights to Subgrantee Classes and materials initfally developed by the Subgrantee without any type
of funding or res~ffce nssistanco from the Department ~main the Subglantee's mtelleetunl property.
For these classes and materials, the Department payment is bruited to payment for attendance at
classes.
ARTICLE 21. SUCCESSORS AND ASSIGNS
The De?mt and the Subgrantce each binds itself; its successors, executors, assigns, and adminim~tors
to the other party to this Agreement and to the successors, executors, assigns, and administrators of such
other party in respoc-t to all covenants of this ~t. The Subgrantee shall not assign, sublet, or
transfer interest anct obt~galaons tn tins Agreement uathout written consent oI thc Dcpartrmmt.
ARTICLE 22. CIVIL RIGHTS COMPLIANCE
A. Comphance with regulations: The Subgrantee shall comply with the regulations relative to
nondiscriminatio~ in federally-nssisted programs of the USDOT: 49 CFR, Part 21; 23 CFR,
Subehapter C; and 41 CFR, Parts 60-74, as they may be amended Periodically (herema~r refemxl to
as the Regulations). The Subgrantee agrees to comply with Executive Onter 11246, entitled "Equal
Employn~nt Oppormni~," as amended by Executive Order 1 ] 375 and as supplemented by the U S.
Department of Labor regulations (41 CFR. Part 60).
B. Nondiscrimination: The Subgrantee, with regard to the work performed dm-lng the period of this
Agreement, shall not chscrimmate on the grounds of race, color, sex, nalaonal origin, age, religion, or
disabdity m the selection and retention of subo~nh actors, including procurements of materials and
leases of equipment.
Attachment B
Project Title: STEP - Drivin~ While Intoxicated (DWI)
Subgrantee: CRv of Corpus Christi, Police Department
Solicitations for subcontracts, including procurement of materials and equipment: In all solicitations
either by competitive bidding or negotiation made by the Subgmntee for work to be performed under a
subcontracL including procurements of materials and leases of eqmpment, each potential subcontractor
or suppher shall be notified by the Subgrantee of the Subgrantee's obligations under this Agreement
and the regulations relative to no~diserimination on the grounds of race, color, sex, national ohgm, age,
religion, or chsabihw.
D Information and reports: The Subgrantee shall provide all information and reports required by the
regulations, or directives issued pursuant thereto, and shall penmt access to its books, records,
ar. cotmts, other sources of information, and its facilities as may be determined by the Depaxtment or the
USDOT to be pertinent to ascertain compliance with such regulations or dizectives. Where any
information mqUffed of the Subgrantee ~s in the exclusive possession of another who fails or refuses to
furmsh this informaUo~ the Subgruntee shall so cemfy to the Department or the US DOT, whichever
is appropriate, and shall set forth what efforts the Subgmntee has made to obtain the requested
information.
Sanctions for noncomphance: In the event oftbe Subgrantee's noncompliance with the
nondiscrimination provision of this Agreement, the Department nhall ~ such sanotaons as it or the
US DOT may deterrmne to be appropriate.
lncorporalaon ofpmwslons: The Subgrantee shall include the provisions of pamg~hs A. thnmgh E
m c'very subconlxact, including procurements of materials and leases of equipment, unless exempt by
the regulalaons or directives. The Subgraatce shall take such action vath respect to any subcontract or
procxuument as the Deparanent my din~t as a rn~ns of enforcing such provisions, including
sanctions for noncompliance. However, in the event a Subgrantce becomes revolved in, or is ttm:ateax:d
with lilagation with a subcontractor or supplier as a result of such direction, the Subgrantee may
request the Department to enter into lnigation to protect the interests of the state; and in addition, the
Subgrantee may request the umted States to enter into such litigation to protect the interests of the
United States.
ARTICLE 23. DISADVANTAGED BUSINESS ENTERPRISE
It is the policy of the Depamm:nt and the USDOT that Disadvantaged Business Enterprises, as defined in
49 CFR Part 26. shall have the opportunity to participate in the performance of agxeements financed in
whol~ of in part wrth ledeml fimds Consoquenfl~;,' the Disadvantaged Business Enterprise requirements of
49 CFR Part 26, apply to this Agreement as follows:
· The Subgrantee agrees to inSUre ~hm Disadvantaged Bnsmess Enterprises, as defined in 49 CFR
Part 26, have the opportumty to participate in the performance of agreements and subcontracts
financed in whole or in pan with federal tirade. In thlS regan:l, the Subgramee shall make good faith
efforts in accordance with 49 CFR Part 26, to insure that Disadvantaged Business Enterprises have
the opportumty to compete for and perform agreements and subcontracts.
· The Subgrantee and any subcontractor shall not discriminate on the basis of race, color, sex,
national origin, or d~sabi[fly in the award and performance of agreements funded in whole or in
These requirements shall be included in any subcontract.
Project Title: STEP - Driving While Intoxicated (DWI)
Subgrantee: City of Corlms Christi, Police Del~artment
Attachment B
Failure to car~_ out the requirements set forth above shall constttute a breach of this Agreement and, al~r
the notification of the Department, may result in termination of this Agreement by the Department, or other
such remedy as thc Department deems appropriate
ARTICLE 24. DEBARMENT/SUSPENSION
A. The Subgrantee certifies, to the best of its knowledge and belief, that it and ~ principals:
1. Are not presently debarred, suspended, proposed for debarment, declared mehg/ble or voluntarily
excluded from covered tran~m, ions by any federal depamncnt or agency;
2, Have not within a three (3) year period preceding flus Agreement been convicted of or had a civil
judgment rendered against them for c°mmtSsion of fi-aud or a crmanal offense in connection with
obtaining, attempting to obr. am, or performing a federal, stale, or local public transaction or
contract under a public transaction, violation of federal or state anlatrust statutes; or commi*,sion of
embezzlement., tbet~ forgery, bribery, falsification or d~h action of n~cords, making false
statements, or recoivmg stolen property;
3. Are not presently indicted or otherwlse criminally or civilly cha~ed by a federal, state, or local
governmental entity vnth commission of any of the offenses enumerated in paragraph A. 2. of flus
Article; and
4. Have not. within a flu'ee (3) year period pmceding this ~ had one or more federal, state,
or loml pubhc transactions terminated for cause or default.
B. Where the Subgrantee is unable to certify to any of the statemm~ in this Article, sucli Subgrantee shall
attach an explanation to flus Agreement.
C. The Subgrantce is prohibited from making any award or permitling any award at any tier to any party
which is debarred or suspended or otbervase excluded from or inehgible for participation m federal
assistance programs under Executive Order 12549, Debarment and Suspension.
D. The Subgraxgee shall require any party to a subcontract or purchase order awarcka:l under this Grant
Agr~m~nt to certify lB eligibility to receive federal Lmm fimdq~ and~ when requeq'ed by the
_.Depmtmm..t~to furnish a copy of the certificalUon.
ARTICLE 25. LOBBYING CERTIFICATION
The Subgrantee certifies to the best ofhts or her knowledge and belief that:
A. No federally appropriated funds have lxam Prod or w/Il be paid by or on behalf of the Subgrantee to
any person for influencing or attlanptmg to influence an officer or employee of any federal agency, a
Member of Congress, an officer or employee of Cengress, or an employee of a Member of Congress in
couneOnon with the awarding of any federal contract, the malang of any federal grant, the rnalnng of
any federal loan, the entenng mm of any cooperative agreement, and the extension, continuation,
renewal amendment, or modificatJon of any federal comract, grant, loan, or cooperative agreement.
B. If any funds other than federal appropnattxl funds have been pa~d or will be paid to any person for
influencing or allempting to influence an officer or employee of any federal agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with this federal contract, grant, loan, or ~ve agreement, the party to this Agreement shall
Project Title: STEP - Drivin~ While Intoxicated (DWI)
Subgrantee: City of Corl~us Christi, Police Deoartment
Attachment B
complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance
C. ~?ne Subgmntee shall require that the language oftlus cemficataon be included in the award documents
for all subawards at all tiers (including subcontracts) and that all subrecipients shall certify and
disclose accordingly
This certLficat~o~ is a material rcpresentanon of fact upon wluch reliance was placed when this transactson
was made or entered into. SubrmSsion of this certifiCanon is a prerequisite for making or entering into this
tran~cfion imposed by Section 1352, Title 31, U.S Code Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 rOI'
each such fail~re.
ARTICLE 26. CHILD SUPPORT STATEMENT
Unless the Subg~ntee is a govemir~ntal or noa-profit entity, the Subgmntec certifies that it either xvill go
to the Depax~ent's website noted below and complete the Child Support Slatement or already has a Child
Support Statement tm file with the IXlmrtment. l~ne Subgrantee is responsible for keeping the Child
Support Statcm~'nt current and on file with that office for the duration of this Agre~nent period. The
Subgmntee further certtfies that the Child Support Slatement on file co~taing the child support reformation
for the individuals or business entines named in this grant. Under SecUon 231.006, Family Code, the
Subgrantee certifies that the individual or business entity named in this Agreement is not ineligible to
receive the SlX~cified grant or payment and acknowledges tha~ this Agreement may be terminated and
payment may be withheld ffthis certification is inacettrate.
The form for the Child Support Statement is available on the Intemet al:
http://www,dot .state .tx.u s/cso/default .htm.
Attachment C
Project Title: STEP - DWI
Name of Subgrantee: City of Corpus Christi, Police Department
Traffic Safety Project Description
L BASELINE INFORMATION & OBJECTIVES
BASELINE INFORMATION:
Baseline Definition: A number serv/ng as a foundation for subgrantees to measure pre-
grant traffic enforcement activity. Baseline information must be provided by the
subgrantee in order to identify local traffic enforcement related activity. This information
should exclude any activity generated with STEP grant dollars. Once the baseline is
established, these figures will be used to compare subsequent year's local and grant traffic
enforcement activity
Baseline Year (12 months: 09/02 through 08/03)
Baseline Me~sure
A. Number of alcohol-related crashes
B. Number of Driving While Intoxicated (DWI) arrests
OB~CTIVES:
The Objectives of this grant are to accomplish the following by September 30,
Objectives/Performance Measures
A. Number and type citations/arrests to be issued under STEP
1. Increase DWI arrests by
B. Number of STEP enforcement hours to be worked
C. Subgrante~ total number of traffic related crashes
1. Reduce the number of alcohol-related crashes to
D. Complete administrative and general grant requirements as defined in the
Action Plan, Arrachrnem D.
Ii Submit the following number of PerFormance Reports, including the
Final Performance Report end Administrative Evaluation Report.
2. Submit the following number of Requests for Reimbursement
E Support grant enforcement efforts with public information and education
(PI&E) as defined in the Action Plan, Attachment D.
1. Conduct a minimum of four (4) presentations.
2 Conduct a minimum of four (4) media exposures (e.g., news
conferences, news releases, and interviews).
3. Conduct a minimum of two (2) community events (e.g, health fairs,
booths).
4. Distribute the following number of public information and education
materials if applicable.
NOTE:
Baseline
Number
206
581
2005:
Target
Number
185
1,202
186
12
12
4
4
2
3,000
Traffic Safety Project Description Page 1 of l TxDOT Form 2076<twi (Rev: 7/22/2004)
Attachment C
Project Title: STEP - DWI
Subgrantee: Ci~~ of Corpus Christi,
Police Department
Nothing in this agreement shall be interpreted as a requirement, formal or informal, that a
peace officer issue a specified or predetermined number of citations in pursuance of the
Subgrantee's obligations hereunder.
In addition to the STEP enforcement activities, the subgrantee must maintain baseline non-
STEP funded citation and arrest activity due to the prohibition of supplanting.
RESPONSIBILITIES OF ~ SUBGRANTEE:
A_ Carry out the objectives and performance measures of this grant by implementing all
activities in the Action Plan, Attachment D.
B. The Objectives/Performance Measures shall be included in each Performance Report
and summarized in the Final Performance and Administrative Evaluation Report.
C. Submit all required reports to the Department fully completed with the most current
information, and within the required times, as defined in Article 3 and Article 7 of
the General Terms and Conditions, Attachment B &this Grant Agreement This
includes reporting to the Department on progress, achievements, and problems in
periodic performance reports. All required documents must be accurate. Inaccurate
documents will delay any related Requests for Reimbursement. The Subgrantee
must enter all Performance and Annex Report data into the Buckle Up Texas
Website (www.buckleuptexas.com) prior to submission of the hard copy reports to
the Department. Printed versions of the Website reports are acceptable versions for
hard copy submissions.
D. A Final Performance and Administrative Evaluation Report summarizing aH
activities and accomplishments will be submitted to the Department electronically
via the Buckle Up Texas Website no later than thirty (30) days after the grant ending
date.
E Attend meetings according to the following:
1. The Subgrantee will arrange for meetings with the Department, as indicated in
the Action Plan, to p, cs~,t status of a~tlvitics and to discuss proble,~,s and thc
~daedute for the following qua,~er'swoflc-:
2. The project director or other appropriate, qualified persons will be available to
represent the Subgrantee at meetings requested by the Department.
F. When applicable, all newly developed public information and education (PI&E)
materials must be submitted to the Department for written approval prior to final
production. Refer to Chapter Five (5), Section Eight (8) of the Traffic Safety
Program Manual regarding PI&E procedures The manual is located at
h ttp ://www. dot. state, tx. us/trafficsafety/default, htm.
G. For out of state travel expenses to be reimbursable, the Subgrantee must have
obtained the written approval of the Department prior to the beginning of the trip.
Grant approval does not satisfy this requirement. For Department district-managed
grants, the Subgrantee must have written Department district approval for travel and
related expenses if outside of the district boundaries.
Traffic Safety Project Description Page 2 qf 2 TxDOT Form 2076-dwi (Rev: 7/22/2004)
Attachment C
Project Title: STEP - DWI
Subgrantee: City of Corpus Christi,
Police Department
H Maintain verification that all expenses, including wages or salaries, for which
reimbursement is requested is for work exclusively related to this project.
I. Ensure that this grant will in no way supplant (replace) funds fi.om other sources.
Supplanting refers to the use of federal funds to support personnel or any activity
already supported by local or state funds.
J. The Subgrantee should have a safety belt use policy. If the Subgrantee does not have
a safety belt use policy in place, a policy should be implemented during the grant
year.
K. Carry out the objectives of this grant by implementing the Operational Plan,
Attachment F of this Grant Agreement.
L. Ensure that each officer working on the STEP project will complete an officer's
daily report form. The form should include: name, date, badge or identification
number, type of grant worked, grant site number, mileage (if applicable) (including
starting and ending mileage), hours worked, type of citation issued or arrest made,
officer and supervisor signatures.
M. Enmre that no officer above the rank of Lieutenant (or equivalent title) will be
reimbursed for enforcement duty.
N Support grant enforcement efforts with public information and education (PI&E).
Salaries being claimed for PI&E activities must be included in the budget.
O Subgrantees with a traffic unit will utilize traffic personnel for this grant, unless such
personnel are unavailable for assignment.
P. Subgrantee may work additional STEP enforcement hours on holidays or special
events not covered under the Operational Plan. However, additional work must be
approved in writing by the Department prior to enforcement. Additional hours must
be reported in the Performance Report for the tune period for which the additional
hours were worked~
Q If an otli~ ,.akes a STEP-related a,,cst during the shi~, but does not co,.plete the
arrest before thc shift is scheduledto~nd,~5c officer can continue working under-thc
grant to complete that arrest.
R. At the time the signatory for the Subgrantee signs the Grant Agreement, provide a
letter to the Department fi-om the enforcement agency head, training officer, or
authorized indimdual certifying that the officers working DWI enforcement are, or
will be, trained in the National Highway Traffic Safety Administration/International
Association of Chinfs of Police Standardized Field Sobriety Testing (SFST) In the
case of a first year subgrantee, the officers must be trained, or scheduled to be SFST
trained, by the end of the grant year. For second or subsequent year grants, all
officers working DWI enforcement must be SFST trained.
lll. RESPONSIBILITIES OF THE DEPARTMENT:
Traffic Safety Project Description Page 3 of 3 TxDOT Form 2076-dwi (Rev: 7/22/2004)
Project Title: STEP DWI
Subgrantee: City of Corpus Christi,
Attachment C
Police Department
A. Monitor the Subgrantee's compliance with the performance obligations and fiscal
requirements of this Grant Agreement using appropriate and necessary monitoring
and inspections, including but not limited to:
1. review of periodic reports
2 physical inspection of project records
3. telephone conversations
4. e-mails and letters
5. meetings~
B. Prov/de program management and technical assistance.
C. Attend appropriate meetings
D. Reimburse the Subgrantee for all eligible costs as defined in the Traffic Safety
Project Budget, Attachment E Requests for Reimbursement will be processed up to
the maximum mount payable as indicated on the cover page oftbe Grant
Agreement.
E. Perform an administrative review oftbe project at the close oftbe grant period to
include a review of adherence to the Action Plan, Attachment D and the Traffic
Safety Project Budget, Attachment E, and attainment ofprojeet objectives.
Traffic Safety Project Description Page 4 of 4 TxDOT Form 2076-dwi (Rev: 7/22/2004)
ACTION PLAN
Form 1852 (rev. 7~1/2003) FY 2005
PROJECT TITLE: STEP - Dfivinq While Intoxicated ('DWI)
SUBGRANTEE: Cih' of Co~us Chdsti, Police Department
OBJECTIVE: To complete administrative and general grant requirements by 9/30/2005, as defined below:
Attachment D
KEY:
p = planned activity
c = completed activity
r = revised
ACTIVITY
1. Submit letter regarding signature authority.
2. Submit operational cost per vehicle mile (If applicable).
3. Hold Grant delivery meeling.
4. At~end TxDOT Project Management Course
5. Submit Performance Repods.
6. Submit Requests for Reimbursement.
7. Submit Final Performance Repod and Administrative
Evaluation Report.
8. Hold Grant progress review meeting.
9. Conduct on-site monitoring visit.
10. Submit documentation of any grant-r~quired training (if
applicable)
11. Conduct Enforcement Efforts
RESPONSIBLE OC NO DE
Subgrantee p
Subgrentee p
Department p
Subgranlee
Subgrantee p p
Subgranlee p p
Su~rantee
Subgrantee & Dept. p
Department p
Subgrantee p
Subgrantee p p p
PROJECT MONTH
JA FE MR AP MY JN JL AU
) p P P P P
P P P P P P
P P
P
SE OC NO
P P P P
P P P P
P
P
P P P
Page Iofl
Form 1852 (rev. 7/21,"2003)
PROJECT TITLE: STEP - Ddvincl While Intoxicated (DWI)
SUBGRANTEE: City of Corl:>us Christi, Police Del3artment
Attachment D
ACTION PLAN
FY 2005
KEY:
p = planned actJvity
c = completed activity
OBJECTIVE: To support grant efforts with a public information and education (PI&E) prograrr b~ 9/30/2005, as
r = revised
de[ined below:
Modify these activities as appropriate: PROJECT MONTH
ACTIVITY RESPONSIBLE OC NO DE JA I, FE MR AP MY JN JL AU SE OC
1. Determine types of materials needed. Subgrantee NA
2. Develop proposed materials. Subgrantee
3. Submit proposed materials and the PI&E plan to the Subgrantee P
Department for approval· i r
4. Approve plan. Department i
P
5. Distribute materials. (See footnote below re: materials) Subgranlee p p ) p p p p p p p p p
!6.,. Maintain records of all PI & E matedal received/distributed. Subgrantee p p ) p p p ! p p p p p p
t. Conduct news conference(s) ~Subgrantee P P P P p
18 Issue news release(s). Subgrantee P P P P p
· Conduct presentations. Suborantee p p p p p p
Participate in community events (e.g., health or safety Subgrantee i [ i P P
[airs, booths). I i J
The Corpus Christi Police Department will utilize printed materials available from TXDOT
Page 2 of 2
Traffic Safety Project Budget
Page1 or2
Project Title: STEP - Ddvinq While Intoxicated (DWI)
Name of Subgrantee: City of Cor~us Chdsti, Polic~ Department
Fiscal Year: 2005
[] Check here if this is a revised budget.
Date Revised:
Attachment E
(Round flgu~s to nearest dollar)
Other/ Pro~'~m
TxDOT State/Local Income TOTAL
Budget Category I - Labor Costs (100) Salaries
[] OverLime or [] Regul~ Time
S~lflry imtes ~ ~gtimaled for Imdget purposes only. Re-
imbumeme~ts will be bese~l on actual casts lx:r employee in
accordance with Subgnmtec's payroll pohcy and salary roll
List de~ail~ (six:oily title, salmy rate, and percent of time):
A. Officem (onforc~'nent) 1.202 hm ~ $33.00 oe~ hr
B.
C.
39,666 39~666
Officers (PI&E) 50 hrs ~fi~ $3300 ocr hr 1,650 1,650
Officers (STEP administrative naveework) 50 hrs ~
$33.00 nor hr 1,650 1,650
D. Breathalyzer Ooerator 45 hrs ~. $24.00 per hr 1,080 1,080
E. 0
F. 0
G. 0
H 0
I. 0
J 0
K. 0
Total Salaries ..................................................... 44,046 0 0 44,046
(2,00) Fringe B~tts*
List details (specify title and fnnge rate):
A. FICA 7.65% 3,370 3r370
B TMRS 11.75% 5,175 5,175
C. 0
D. 0
F. 0
G. 0
H. 0
I 0
J. 0
K. 0
Total Fringe Benefits .................................................. 0 8r545 0 8r545
L Total Labor Co,ts (100 + 200) ................................. 44,046 8,545 0 52,591
I* Budget Detail Required: As an attachment to the budget, a justification and a detailed cost breakdown is required I
for all costs included for Fringe Benefits (200), Travel and Per Diem (300), Equipment (400), Supplies (500),
I
Contractual Services (600), Other Miscellaneous (700), and Indirect Cost Rate (800)
Attachment E
TxDOT From 2077 (my ~/12/2004) Pn~ect TCde: StEP -Ddving Whi~e In~o~cated (DWI)
Page2 of 2 Subgrantee: C~y of Corpus Chr~J, Police Dqoaftme~t
Fiscal Year: 2005
[] Check here if this is a revised budget.
Date Revised:
(Round figures to nearest dollar)
Other/ Program
TxDOT Sta~ Income TOTAL
334
0
0
0
0
8,700 8,700
Budget Category H - Other Direct Costs
00o) Travel and Per Diem* .....................................
Reimbursements will be m accordance w/th Subgrantee's
travel policy. Subgrantee must bill for actual travel expen_q,~.s
-- not to exceed the Limits reimbursable under state law
(400) Equipment* ....................................................
(500) Supplies*. .......................................
(600) Contractual Services*. ...................................
(700) Other Miscellaneous*
A. Pubhc Lnl-orma~ion & education (PI&E) matcfials ....
1. Educational items = $
(examples: brochttres, bumper stickers, posters,
fliers, etc.)
2. Promotional items = $
(examples: key chain~, magnets, pencds, pens,
mugs. crc )
B Other ..................................................................
Total Other Miscellaneoaa .......................................
IL Total Other Direct Costs
(;~0+ 400 + 500 + 600 + 700)
Budget Category lIl- Indirect Costs
(8041) Indirect Coat Rate' (al %) ......................
Summary:
Total Labor Costs .................................................
Total Other Direct Coatn ...........................................
Total Indirect Co~a ................................
Grand~rolmllt ~ + ~') ...................................
Fund Sources (Percent Share) ....................................
0 fl?700 0 8r700
334 8?700 0 9~034
44~046 8r545 0 52,591
334 8,700 0 9,034
0 0 0 0
44,.~0 -' -I7;2zl5 ...... 0 61,625
72.02% 27.98%
* Budget Detail Required: As an attachment to the budget, a justilication and a detailed cost breakdown is required I
for all costs included for Fringe Benefits (200), Tm'vel and Per Diem (300), Equipment (400), Supplies (500),
I
Contractual Services (600). Other ]Miscellaneous (700), and lndire~ Cost Rate (800)
Project Title: STEP - Driving While Intoxicated
Name of Subgrantee: CRv of Corpus Christi
Budget Detail
BUDGET CATEGORY I - LABOR COSTS
(100) Salaries = $44,046
A. ENFORCEMENT (overUme) I
1. Offic~m: 1202 hours See anached operational plan
~ $33.00 per hour = $ 39,666
2. Sergeants: 0 hours
~ $0.0~ per hour = $
3. Lieutenants: 0 hours
~ ~.0O per hour- $
B. PI&E ACTI~I'IILS (ovcrllme)
C OTHER 50Furs
$33.0~jler hour --
TxDOT Local Total
39,666 $ $ 39,666
$ $
$ $
$1,650 $ 1,650
1. Officers: admini~-ative paperwork
el $33.001r hou = s a,650 s
2. Breath Test Operator: civilians on "siand by" - ,a~ll receive overtime only when called to conduct test
nS[hours els 24.00 ~oerhoul-= [ I I$ 1,080 [$
(200) Fringe Benefits = $8,545
A. Rate: (fl`not included in hourly rate)
[3OO) lravel =
$ 19 40°/q $
7.650/4 3,370/
11.75°/4 5,t75 ~
$ 8,545 $
Attend required TXDOT training, i.e., BucklegUp/DW1 Summit and/or Project Management
Course. In accordance with the attached City travel policy~
(700) Other Miscellaneous = 15,000 miles at $.058 - $8,700
A. Subgrantee Vehicle IVfileage - The City chooses to fund the mileage at 100% due to the
difficulties in splitting the mileage by a percentage.
The percent share provided by the City will be more than the required 10% due to the State not
paying for retirement costs and the City choosing to fund the mileage at 100%.
1,650
1,080
8,545
J:\GRANTS\STEI:~DWI~FY IM05~BUDGET NARRATIVEDOC 9/3/2004
Form :2109 (rev. 7/22/2004)
Subgrantee: City Of Corpus Christi, Police Department
Project TdJe: Step - Drivinq While Intoxicated (DWI)
STEP Site Letter
or Site Description
Number & Type*
DWI
1
Distdct 1 (see atlached map)
TRAFFIC SAFETY
OPERATIONAL PLAN
Project Fiscal Year. 2005
Survey
Results
(compliance)
Attachment F
Enforcement Period
Wed, Thurs, Fd, Sat, Sun
3:00 pm - 3:00 am
DWI
2
District 2 (see attached map)
Wed, ']'hum, Fd, Sat, Sun
3:00 pm - 3:00 am
DWI
3
Distdct 3 (see a~tached map)
Wed, Thurs, Fd, Sat, Sun
3:00 pm - 3:00 am
DWI
4
District 4 (see attached map)
Wed, Thurs, Fd, Sat, Sun
3:00 pm - 3:00 am
DWI
5
Distdct 5 (see attached map)
Wed, Thurs, Fd, Sat, Sun
3:00 pm - 3:00 am
Special Events:
DWI Spring Break Easter
6 Memorial Day Sea Sculptures
4~h of July Labor Day
3:00 pm - 3:00 am
The enfomement hours chosen will enable o[ficers to w~rk the beach areas during the summer as well as focusing
on the Happy Hours at local bars. The heavy focus hours will be I~rem 10:00 pm to 3:00 am when the most alcohol
related crashes occur.
No~:
The Operational Plan must be completed according to the Operational Plan Instructions by the Subgrantee,
and it must be submitted as part o[ the STEP grant agreement for approval. The instructions and the
Operational Plan Fon'n can be found on the TxDOT Website located al
http J/www.dot.state .tx. us/trafficsa [etv/~ rants/q pinstcu rrent.htm
Any modificaUons made to the Operational Plan after the grant is executed do not require an amendment to
the Grant Agreement. However, the Subgrantee must follow the Operational Plan modification procedures
toued in the Operational Plan Instructions before any enforcement is conducted in the related sites.
For Speed and Occupant Protection sites only, survey data must be submitted with the grant document to
support the Operational Plan. Subgrantees must follow the 'Speed Site Approval Cnteda" when selecting
sites to work for Speed, Sale and Sober, or Comprehensive STEPs. The cdteda can be found in the
TxDOT Website in the Traffic Sa[ety Grants In[ormation and Instructions.
Page 1 of 1
i i
of
Cgrpus
Christi
September 14, 2004
Sherry McLeroy
Texas Department of Transportation
P. O. Box 9907
Corpus Christi, Texas 78469
Dear Ms. McLeroy,
The Corpus Christi Police Department verifies that all officers working DWI
enforcement under the STEP Driving While Intoxicated grant fi.om October 1, 2004
through September 30, 2005 are trained in the National Highway Traffic Safety
Administration/International Association of Chiefs of Police Standardized Field Sobriety
Testing (SFST). Officers receive the training as part of their Academy curriculum;
therefore all of our sworn officers eligible to work the grant have already received the
training.
This is in accordance with RESPONSIBILITIES OF TltE SUBGRANTEE under our
contract.
PA/ppe
P. Alvmuz, h.
Clfi~f of Police
Police Department
1~O. Box 9016 · Corpus Christi, Texas 78469-9016 · (512) 886-2600
ORDINANCE
APPROPRIATING $44,380 FROM THE TEXAS DEPARTMENT
OF TRANSPORTATION FOR FUNDING FOR A DRIVING WHILE
INTOXICATED SELECTIVE TRAFFIC ENFORCEMENT
PROJECT (STEP) IN THE NO. 1061 POLICE GRANTS FUND;
AND DECLARING AN EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS'
SECTION 1. That $44,380 from the Texas Department of Transportation is
appropriated in the No. 1061 Police Grants Fund for funding for a Ddving while
Intoxicated Selective Traffic Enforcement Project (STEP).
SECTION 2. That upon wfitl, en 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
City Secretary
Samuel L. Neal, Jr.
Mayor
Approved: September 7, 2004
Lisa Aguilar?F~'j
Assistant City Attorney
for City Attomey
Corpus Chdsti, 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 Chdsti
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chcsney --
Javier D. Colmenero
Melody Cooper
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
8
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 09/14/04
AGENDA ITEM:
A. Motion authorizing the City Manager or his designee to accept grant funding in the
amount of $77,491 from the Texas Department of Transportation for a SPEED Selective
Traffic Enforcement Project (STEP) in the Police Department for overtime speed
enforcement and to execute all related documents.
B. Ordinance appropriating $77,491 from the Texas Department of Transportation for
funding for a SPEED Selective Traffic Enforcement Project (STEP) in No. 1061 Police
Grants Fund; and dectadng an emergency.
ISSUE: The State of Texas, Department of Transportation is providing funding for overtime
enforcement of speeding in the Police Department to reduce the number of speed-related
crashes and increase the compliance percentage.
BACKGROUND INFORMATION: This will be the Iirst of a three grant which runs 10/01/04 -
09/30/05. The grant places overtime officers on designated State Highways 7 days a week with
hours of operation be[ween 7 am and 12 pm and 3 pm - 8 pm. The performance goals are:
A. Increase the number of speed citations issued by 5,616
B. Reduce the number of speed-related crashes to 3,038
C. Increase ~he speed compliance rate on the designated highways to 40%.
REQUIRED COUNCIL ACTION: Accepting the grant and appropriating ~unds.
FUNDING: Officers will be working on an overtime basis with the City providing $13,908 for fdnge
benefits (State will not cover retirement costs on overtime).
CONCLUSION AND RECOMMENDATION: Staff recommends accepting 'lhe grant anti appropriating
~hefunds. -- ....
(~P Alvarez
Attachments:
TXDOT grant agreement
[] Fermi Pass Through
G~aut Fund~ CFDA #20,600~
[] State Grant Funds
-- For TIDOT Use Only --
Misc. Contract Number: 585XXF6002
Charge Number: 05-01-01-Al-AB
Project Year: 2005
PIN (14 characters only): 17460005741000
TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
THE STATE OF TEXAS
THE COUNTY OF TR~V1S
THIS AGREEMENT IS MADE BY and between the State of Texas, acting by and through the Texas
Department of Transportatio~ hereinaP~er called the Depa~Jnent, and City of Corpus Christ~
here. inaB-~r called the Subgrantee, and becomes effective when fully executed by both pames. For the
purpose of this agreement, tile Subgrantee is desi~nated as a(n):
[] State Agency [] Non-Profit Organi r~tion
[] Unit of Local Government [] Educalaonal Institution
[] Other (describe):
AUTHORITY: Texas Transportation Code, Chapter 723, tl~ Traffic Safety Act of 1967, and the
Highway Safety Plan for the following Fiscal Year(s) 2005.
Project Title: STEP - SPEED
Brief Project Description: Reduce the number of motor vehicle crashes, mimes and fatalcdes.
Grant Period: The Grant becomes effeclave on Octo~r 1, 2004 , or on the ~t. of final signalure of both
pames, whichever is later, and ends on Sept~nber 30, 2005 onless terminated or othervase modrfied.
Maximum Amount Eligible for Reimbursement: $77,491.
The following atmchm~ts are incorporaled as in&cater as a part of the Grant ~t: · ~Anaehm~t A, Mailing Addresses
· Attachment B, General Terms and Conchtions (Tx.DOT Form 1854)
· Attachment C, Project Description (TxDOT Form 2076)
· Attachment D, Action Plan (TxDOT Form 1852)
· Atlachment E, ProJect Budget CI'xDOT Form 2077 or 2077-LE)
[] 3rrnehment F, Operariomal Plan (TxDOT Form 2109) (for Selective Tm.risc Enforcement
Program grants only)
Project Title: STEP - SPEED
TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
The signatory, for the Subgrantee hereby represents and warrants that she/he is an officer of the
organizatjoI1 for which she2ne has cxecut~ this agn~ement and that sheJhe has full and complete authority
to cnter into tlus agreement on behalf of the organization. At the tame the sigrmtory for lhe Subgrantee
signs the Grant Agreement, shedhe will sign and submit to the Department a letter designating si~ature
authority by posit~on title for grant-related documents other than the Grant Agreement or Grant Agreement
ammdrnents. These other giant-related documents will include, but not be limited to, the following:
performance reports, fiaal performance report and administrative evaluation reporq Requests For
Reimbursement (R. FRs), and routine correspondence.
THE SUBGRANTEE
THE STATE OF TEXAS
City of Corous Christi
[Legal Name of Agency]
By
[Authorized Signature]
George K. Noe
[Name]
City Manager
[Title]
Exeeuted for the Executive Director and approved
for the Texas Transportation Comrmssion for the
purpose and effect of acUvating and/or carrying out
orders, established policies or work programs
approved and author/zed by the Texas
Transportation Cca'nmission.
By
District En~neer
Texas Deptu httent of Transportation
Date:
[Namel
Under anthonty of Ordinance or Resolution
Number (for local governments):
[rifle]
Date:
By
Director, Traffic Operations Division
Texas Department of Transportation
(Not required for local project grants under
$100,000.)
Date:
Project Title: STEP - SPEED
Attachment A
MRillno_ Addresses
For the purpose of this agreement, the foflowing addresses shall be used to mail all required notices,
reports, claims, and correspondence. (NOTE: For warrants (checks). the address indicated by the
electromc mail code, which is the last three digtts of the PIN on page 1 of this Gmat Agr~men[ shall be
used for disbursing payments. If that address is not where the Subgrantee wants warrants or checks to be
sent, the Subgrantee ne~ds to notify the Department of any appropriate changes.
For Subgrantee (Project Director):
Name: P. Alvarez, Jr.
Title: Chief of Pohce
Organization:
Corpus Christi Police Department
Addrt~s: P. O. Box 9016
Corpus Christi, Texas 78469
Phone: 361 -g86-2604
Fax: 361-886-2607
E-mail: palvamz(~ctexas mm
Note: Any change in the Subgmntec informaaon in this At~Jnnent A, Mailing Addresses, does not require
an amendment to the Cr~nt Agreement However, the Subgrantee must submit a letter with the corn~mxt
informRtion m the D~:hartment address below within 15 days of the ch,Tinge
For Texas Department of Transportation:
Name: Sherry 1VL McLeroy
Title: Transportation Fandmg gl~CqahsI
OrganiTation:
Texas Depax~ent ol- Transpormlion
Address: P. O. Box 9907
Corpus Christi, Texas 78469
Phone: 361-808-2205
Fa_x: 361-808-2313
E-mail: smcleroy~do~ state. Ix,us
Project Title: STEP - Soeed
Subgrantee: Cit~ of Corl~us Christi, Police Del~artment
Attachment B
Texas Traffic Safety Program
GRANT AGREEMENT GENERAL TERMS AND CONDITIONS
ARTICLE 1. COMPLIANCE WITH LAWS
Thc Subgrarttee ghall comply w~th all federal, ~am, and local laws, statutes, codes, ordinances, rules and
regulations, and the offers and dcemes of any courts or admmistmlave bodies or tribunals in any matter
affcetmg the performance of thts Agreement. including, withom limitation, workers' compoasaZion laws,
minimum and maximum .~alar'y. and wage statutes and l'~mlatioas, nondi~riminafion laws and regulataous,
and licensing laws and regulations. When requtred, the Subgramee ~hall fulllish the Dqmxlment with
satlafaetory proof of its compli~e therewith.
ARTICLE 2. STANDARD ASSURANCES
The Subgrantee hereby assures and certifies that ~t will comply with the regulations, policies, gmdelmes,
and n:qmXements, including 49 CFR (Ctxle of Federal Regulalaons), Part 18; 49 CFR, Part 19 (OMB
[Office of Managem~t and Budget] Circular A-110); OMB Circular A-87; OMB cirCUlar A-102; OMB
Circular A-21; OMB Circular A-122; OMB Circular A-133; and the Traffic Saf~'ty Progiam Manual, as
they rela~ to the application, a~ptance, and use of federal or sta/e funds for thi~ project Also, the
Subgrantee assurm and certifies that:
A. It possesses legal authority to apply for the grant; and that a resoluticn~ molaon, or similar actton
been duly adopted or passeil as an official act ofil~ applicant's governing body, authorizing the filing
of the applimtion, including all understandings and assurances coamined therein, and directing and
anthorizmg the person identffied as the official reprcscutal/ve of the applicant to act m ~on with
the applicalao~ and to provide such adchtional im%rmalaoa as may be n:quired.
B. It and its subcontractors will comply with Title VI of the Civil Rights Act of 1964 (Public Law 88-
352), as amended, and in accordance with that Act, no person shall discriminate, on the grounds of
race, color, sex, na~omal origin, age, religion, or disability.
C. It will comply with reqmrements of the provisions of the Uniform Relcealacm Assistance and Real
Progerty Acqmsitio~s Act of 1970, as amended; 42 USC {United States Code) §§4601 et seq.; and
United Stat~s ]~parlJ~°'nt of TransI~rt-tlo~'l CLISDOT) tl~lllatioflts, "Uniform Rolocation and
Property Acquisttion for Federal and Ferlerally Anti.ed Prc~ram%" 40
for fair and equitable lxeatm~t of persons displaced as a result of federal and federally assisted
progmms.
D. It will comply with the provisions of the Hatch Political Activity Act. wl~eb limits the political activity
of employees. (See also Amcle 25, Lobbying Cemficatlon.)
E. It will comply with the federal Fair Ia~r Standards Act's minimllm wage and ovemme requtrements
for amployees performing project work.
F. It will establish safeguards to prolubit employees from using their positions for a purpose that ~s or
gives the appearance of being motivated by a desire for private gain for themselves or others,
pamcularly those with whom they have farmly, business, or other ties.
G. It will give the Department the access to and the right to examine all records, books, papers, or
documents related to this Grant Agreement.
Project Title: STEP - Sl~eed
Subgrantee: Cit~ of Corl~us Christi, Police Del~artment
Attachment B
H It will comply with all requirements imposed by the Bepartment concerning special requirements of
law, program requirements, and other administrative requirements.
It recogmzes that many federal and state laws malx~mg environmental and resource conservation
requirements may apply to this Grant Agreement. Some, but not all, of the major federal laws that may
affect the project include: the National Environmental Pol/cy Act of 1969, as amended, 42 USC
§84321 et seq.; the Clean Air Act, as amended, 42 USC §87401 et seq and sections of 29 USC; the
Federal Water Pollution Control Act. as amended, 33 USC 881251 et seq.; the Resource Conservation
and Recovery Act, as amended, 42 USC §86901 ct seq; and the Comprehensive Envmmmental
Response, Compensanon, and Liability Act, as amended, 42 USC 889601 ct seq. Ibc Subgrantee also
n:*.ogn~ iTes that the U.S Environmental Protection Agency, USDOT, and other federal agencies have
issued, and in the future are expected to issue, regulation, guidelines, standards, orders, dkectives, or
other reqmmm~ I:hat may affect this Project Thus, it agrees to comply, and assures the compl/ance
of each contractor and each subcontractor, with any such fedearal requirements as the federal
government may now or in the future prnmulgate.
It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Dksaster
Protection Act of 1973, 42 USC ~4012a(a). Sectaon 102(a) reqmres, on and aPmr March 2, 1975, the
purchase of flood inSUrance in commumties where such msurunce is available as a condition for the
receipt of any federal financial assmtance for construction or acquisition purposes for use in any area
that has been identified by the Secretary of the Depamnem of Housing and Urban Development as an
axea liavirlg special flood ha:rnrds. The plxrase "federal financial assistance" includes any form of loan,
grant, guaranty, insurance payment, rebate, subsidy, disaster asststance loan or grant, or any form of
direct or indirect federal asskSamce
K. It will assist the Department in m compliance with Secuon 106 of the National Historic Preservation
Act of 1966 as amended (16 USC 470 et seq.), Executive Order 11593, and the Antiquities Code of
Texas (National Resources Code, Chapter 191).
L. It vail comply with Chapter 573 of the Texas Government Code by ensuring that no officer, employee,
or member of the Subgrantee's governing board or the Subgrantee's subcontrar_.lors shall vote or
confirm the employment of any person re!atorl within the second degree of affinity or th,rd degree by
ennsangumity to any member of the governing body or to any other officer or employee authorized to
employ or supem such person, ll~s prohibflaon shall not pro~ublt the employment oK a person
described in Sechun 573.062 of the Texas Govemmem Code.
M. It will ensure that all information collected, assembled, or maintained by the applicant relative to this
project ahal! be available to the public during normal busmess hours in compliance with Chapter 552
of the Texas Government Code, unless othervase expressly provided by law.
N. If applicable, it wall comply wrdi Chapter 551 of the Texas Government Code, which requires all
regular, specml, or called meetings of governmental bodies to be open to the public, except as
otlaervase proxaded by law or specifically permitted in the Texas Cor~fitution.
ARTICLE 3. COMPENSATION
A. The inethod of payment for this Agreement will be based on actual costs incurred up to and not to
exceed the limits specified in Attadunont E, Traffic Safety ProJect Budget. The amount included in the
Project Budget will be deemed to be an emmate only and a higher amount can be retmbursed, subject
to the conditions specified in paragraph B hereunder. If Attachment E, Traffic Sari:ty Project Budget,
Project Title: STEP - Sl~eed
Subgrantee: Cit~ of Corl~us Christi, Police Department
Attachment B
specifies that costs axe based on a specific rate, per-unit cost, or other method of payment,
reimbursement will be based on the specified method.
B. All payments will be made in acconlance with Attachment E, Traffic Safety Project Budget
The Subgrantee's expeachtures may overrun a budget category (I, 11, or lid in the approved Pmjent
Budget without a grant (budget) amendment, as long as the overrun does not exceed a total of five (5)
percent per yeay of the maxunum mount eligible for reimbursement (TxDOT) in the athached Projeet
Budget for the current fiscal year. This overrun must be off-set by an equivalent undermn elsewhere in
the Pmjeet Budget.
If the overrun is five (5) percent or less, the Subgmntee must provide written notificalaon to the
Department prior to the Request for Reimbursement bemg approved. This nofficataon must be in the
form of an attachraent to the Request for Remabursemcnt that ~overs the penlx1 of the overrun. This
atm~t must indacatc the amount, the percent over, and the specific reason(s) for the overrun.
Any overrun of more than five (5) percxmt of the amount eligible for reimbm (TxDOT) in tl~
attached l~ject Budget requires an amendment of this Grant Agreement.
The maxUnum amount ehgible for reimbursement shall not be mcrmsed above the Grand Total
TxDOT Amount in the approved Project Budget, unless this Grant Agreonent is amended, as described
in Article 5 of this Agreement.
For SeleOave Traffic Enforcement Program (STEP) grants only: In An~ehment E of the Grant
~t, Traffic Safety Project Budget {Form 2077-LE), Subgmntees are not allowed to use
underrun funds fi-om the TxDOT amount of(100) Salaries, Subcategories A, "Enforcement," or B,
"PI&E Activities," to exc,~l_ the Tx. DOT anmunt listed in Subc~tegory C, '~Other." Also, Subgrantees
are not allowed to use underrun funds bom the TxDOT amount of (100) Salaries, Subcategories A,
'~xfforoanent," or C, '~Other," to exceed the TxDOT mount hsted tn Subrategory B, "PI&E
Activities." The TxDOT mount for Subeategory B, '~PI&E Activities," or C, "Other," can only be
excl:axled within the 5 percent flexibility, with undermn funds from Budget Ca/egories 1I or m.
C. To be eligible for reimbursement under this Agre~anent, a cost must be inonmd in accordance with
Atiachment E, Traffic Safety Project Budg~ wrdun the tune frarr~ specified in the Grant Period o~
page 1 of this Grant Agreement, attributable to work cov¢~:l by this ~ and which has be~m
completed m a manner saaslactory and acceptable to the Department.
D. Federal or TxDOT funds cannot supplant (replace) finds bom any other sources The term
"supplanttng,'' refers to the use of federal or TxDOT funds to support pemonnel or an aetavity already
supported by local or state funds.
E Payment of costs incurred under this Agreement is further governed by one of the following cost
principles, as appropriate, otrdined in the Federal Office of Management and Budget (OMB) Cirenlars:
· A-21, Cost Principles for lnsututions of Higher Education;
· A-87, Cost Principles for State, Local, and Indian Tribal Governments; or,
· A-122, Cost Principles for Nonprofit Orgamzations.
F. The Subgruntee agrees to submit monthly or quarterly Ih:quests for Reimbursemcmt, as designated in
Attachment D, Action Plan, within thirty (30) days after the end o£the billing period. The Subgrantee
Attachment B
Project Title: STEP - Soeed
Subgrantee: CRv of Corous Christi, Police Deoartment
will use billing forms acceptable to the Department The original Request for Reimbursement, war the
appropriate backup doc~tano~ must be submitted to the Department address shown on
A_rlachment A, Mailing Addresses, of this Agreement. In arld~on, a copy oftbe Request for
Reimbursement and appropriate backup docurmmtation, plus three (3) copies oft. be Request for
R~unbursement without backup documenlation, must be submitted to this same address.
The Subgrantce agrees to submit the final Request for Reimbursement under this Agreement within
forty-five (45) days of the end of the grant period
The Department will exercise good faith to make payments within thirty (30) days of receipt of
properly prepared and documented Requests for Reimbursement. Payments, however, are contingent
upon the availabihty of appropriated funds.
Project agreements supported with federal or TxDOT funds am limited to the length of this Grant
Period, winch is spo:ified on page 1 of this Grant Agreement. If the [L~ulmo~ determines that the
project has demonstrated merit or has potential long-range benefits, the Subgrantee may apply for
funding assistance beyond the initial Agreement period. Preference for lundinE will be given lO those
projects for which the Subgrantee has assumed some cost sharm~ those which propose to assume the
largest percentage of subsequent pmjeet costs, and those which have &anonstrated performance thai is
acceptable to the Department.
ARTICLE 4. LIMITATION OF LIABILITY
Payment of costs recurred hereunder is contingent upon the availability of funds, fiat any time during this
Gram Period, the Dq~'trn~t determines that there is msuffici~t funding to cOmmuc thc project, the
Department shall so notify the Subgrantee, giving notac~ of intent to terminate this Agreement, as specified
in Article 11 of this Agreement. Ifa the end ora federal fiscal year, the Departngnt determines that there
is sufficient funding and performance to continue the project, the Department may so notify the Subgmntee
to continue this agreement.
ARTICLE 5. AMENDMENTS
Thts Agreement may be amended prior to its expiration by mutual written consent of both pames, utilizing
the Grant Agreement Amendment demgnated by the Depamm~. Any amendment must be executed by the
parties within the Grant Period. as specified o~ page 1 of this Grant Agreement.
ARTICLE 6. ADDITIONAL WORK AND CHANGES IN WORK
If the Subgmntee is of the opimon that any assigned work is beyond the scope of tins Agreement and
constitutes aclrlitiomtl work, the Subgrantee shall promptly notify the Department in writing If the
Department finds that such work does constitute additional work, the Department shall so adwse the
Subgrantee and a ~ amendment to this Agreemeat will be executed according to AFacle 5,
Amendments, to provide ~ation for doing tins work on the same basis as the ori~mnal work. If
performance of the additional work will cause the maximum mount payable to be exceeded, the work will
not be performed before a written grant amendment is executed.
Iftbe Sublomnt~e has subnmtted work in accordance with the terms of this Agreement but the Department
requests changes to the complcCa:d work or parts thereof whmh revolve changes to the original scope of
services or character of work under this Agreement, the Subgraatee shall make such revisions as rcquested
and directed by the Department. This will be considered as additional work and will be paid fi)r
specified in this Article.
Project Title: STEP - Soeed
Subgrantee: City of Corl~us Christi, Police Deoartment
Attachment B
If the Subgrantee submits work that docs not comply with the terms of this Agreement, the Department
shall tnstruct the Subgtantee to make such revisions as are necessary to bring the work mm compliance
with this Agreement. No additional comlxmsation shall be paid for thks work.
The Subgtantee shall make revisions to the work authorized m this Agreement, which are necessary to
correct errors or Ormssions appeanng then:m, wlvsn required to do so by the Deparanom. No additional
compensation shall be Prod for this work.
The Department shall not be responsible for actions by the Subgrantee or any costs recurred by the
Subgrantee relating to attdrfional work not directly associated with or prior to the execution of an
amendment.
ARTICLE 7. REPORTING AND MONITORING
Not later than thirty (30) days after the end of each reporting period, as designated tn Atlachment D, Action
Plan, the Subgrantee shall submit a perfonnanoc report using forms provided or approved by the
De~t. For shortqewm projects, only one report subtmtled by the Subgrantee at the end of the project
may be reqtttred. For longer projects, the Subgtantee vail submit reports at least quarterly and pxcf~tably
monthly. The frequency of the performance reports is est~lished through nego6ahon between the
Subgrantee and the program or project rnanag~r.
For SelocUve Traffic Enforcement Programs (STEPs), performance reports must be subnutted monthly.
Thc performance report will include, as a minimum: (1) a c°mpanson of ac~ml accomphshm~ts to the
objcetlves estabhshed for the pedod, (2) reasons why estabhshed objeOaves and performance measures
were not met, ff appropriate, and (3) other pertinent information, including, when approprtate, an analysts
and explanation of cost underruns, overruns, or high umt
The Subgrantee shall submit the Final Performance and Admin~hative EvulUataon Report electronically
vnthin thirty (30) days after complffaOn of the grant.
The Subgmntce shall promptly adrose the Department in writing of events that roll have a si~m~iAcant
Unpact upon this Agreement, including:
A. Problealls, delays, or adverse conchtlOnS, mclurhng a change oS project chrcctor or other changes tn
Sub~gaatee perso,,~l. I},a~ will matmally atlect the ability to ansin objectives alld peffoln,a~ce
measures, prevent the meelmg of time schedules and objectives, or pr<lude the attainment of project
objeOaves or performance measures by the established time periods This disclosure shall be
accompamed by a statement of the actaon haken or cont~l~plaled and any Dq~artment or federal
assistance needed to resolve the situation.
B. Favorable developments or events that enable m~l~ing tune schedules and objectaves sooner than
anticipated or achieVing greater performance measure output than originally projected.
Attachment B
Project Title: STEP - Soeed
Subgrantee: City of Corous Christi, Police Deoartment
ARTICLE 8. RECORDS
The Subgrantee agr~s to maintain all reports, documents, papers, aceountmg records, books, and other
evi&mce pertaining to costs recurred and work performed hereunder, (hereinafter called the records), and
shall make such records available at its office for the time period authorized within the Gram Period, as
specified on page 1 of flus Grant Agreement. The Subgrantee further agrees to retain said records for four
(4) years from the date of final payment under flus Agreement, until completion of all au&B, or until
i~mding litigal~on has been completely and fully resolved, whichever occurs last
Duly authorized representatives of thc DcpartmenL the USDOT, the Office of the Inspector General, Texas
State Auditor, and the Comptroller General shall have access to the records. This fight of access is not
limited to the four (4) year period but shall last as long as the records are retained.
ARTICLE 9. INDEMNIFICATION
To the extent pemutted by law, thc Subgrantee, if other than a govermncnt *al/V/, shall indemnify, hold,
and save harmless the Department and its officers and employe~ from all damns and liability due to the
acts or omiSSions of the Subgrantee, as agents, or ~nployees. The Subgrantee also agrees, to the extant
permitted by law, to indemnify, hold, and save harmless the Dcpamnent from any and all expenses,
including but not limited to attorney fees, all court costs and awards for damages incurred by the
Department in litigation or otherwise resisting such clarms or liabilities as a result of any activities of the
Subgrantee, its agents, or employees,
Further, to the extent pennitted by law, the Subgrantee, if other than a government entity, agrees to protect,
mdemmfy, and save harmless the Department from and against all claims, demands, and causes of action of
every kind and charantcr brought by any ~,,,:,loyee of the Subgramee againgt the Department due to
personal injuries or death to such employee resulting from any alleged neghgent act. by either commission
or ommSion on the part of the Subgmatee.
If the Subgrantee is a government entity, both parties to this Agreemem agree that no party rs an agent,
servant, or employee of thc other party and each party agrees it is responsible for its individual acts
deeds, as well as the acts and deeds of its contractors, employees, rcpresemalaves, and agents
ARTICLE 10. DISPUTES AND REMEDIES
This Ag~m.~mt ~ auy prior o, al or writhe, agrcemcats. If a conflict arises between figs
Agreement and the Traffic Safety Program Manual, this Agreement shall govern.
The Subgrantee shall be responsible for the settlement of all contractual and admimstratlve issues arising
out of proctLrm-nent made by the Subgrantee in support of Agic-'ment work.
Disputes concerning performance or payment shall he submitted to the Department for settlement, vath the
Executive Director or his or her designee acting as final referee.
Project Title: STEP - Soeed
Subgrantee: City of Corpus Christi, Police Department
Attachment B
ARTICLE 11. TERMINATION
Tlus Agreement shall remain m effect until the Subgrantee has saltsfactonly completed all services and
obligations described berem and these have been accepted by the Department, unless:
· This Agreement is terminated m writing with the mutual consent of beth part~es; or
· Where is a ~vritten thirty (30) day notice by either party; or
· Thc Department determines that the performance of the project is not m the best interest of the
Department and informs the Subgrantee that thc project is terminated immediately.
The Department shall compensate the Subg~anloe for only those eligible cxpens~ incurred during the Grant
Periad specffied on page 1 of this G-rant Agreement which are directly atlributable to the completed portion
of the work covered by flxis Agreement, provided that the work has been complcted in a manner satisfactory
and acceptable to the Deparm~em. The Subgmntee shall not recur nor be reimbursed for any new
obligations after thc effective dat~ oftlerminntion.
ARTICLE 12. INSPECTION OF WORK
The Department and, when federal funds are revolved, the US DOT, or any authorized representative
thercof, l~ave the right at all reasonable tunes to mspe~t or otherwise eval,ate the work performed or being
performed hereunder and the premises in which ~t ts being performed.
If any inspection or evalual~on ts made on the prennses of ~be Subgrantee or its subcontractor, the
Subgrax~ shall provide and require ils subcontractor to provide all reasonable facilities and assislaace for
the safety and convemence of the inspectors in the performance oftbeir duties. All insp~ons and
evaluations shall be performed in such a manner as will not unduly delay the work.
ARTICLE 13. AUDIT
The Subgrantee shall comply with the requnements of the Single Audit Act of 1984, Public Law (PL) 98-
502, ensUnng that the single audit report includes the coverage ~pulated in OMB Circular A-133, "Audits
of States, Local Gove~m~ts, and Other Non-Profit Orgamzalaons.TM
ARTICLE 14_ SUBCONTRACTS
The Subg~otce shall not enter into any subcontract with indimd~mlg or organizaUons not a part of the
Subgrantee's orgammon without prior wntlen concurrence with the subcontract by the Department
Subcontracts shall contain all nxluired provisions of this Agneement. No subcontract ~vill relieve the
Subgrantee of ~ responsibility under this Agreement
ARTICLE 15. GRATUITIES
Texas Transportation comrmssion policy mandates that employees of the Department shall not accept an3'
benefit, gift, or favor fi.om any person doing business with or who, reasonably speaking, may do business
Project Title: STEP - Soeed
Subgrantee: City of Corous Christi, Police Deoartment
Attachment B
with thc D~par~ent under this Agreement. The only exceptions allowed are orclinaW business lunches and
items that have received the advanced written approval of the De~am-c~nt's Executive Director.
Any person doing business with or who reasonably speaking may do business with the D~pammmt under
this Agreement may not make any offer of benefits, girls, or favors to Department employees, except as
mentioned here above. Failure on the part of the Subgmntee to a~erc to this policy may result in
termination of flus Agreement.
ARTICLE 16. NONCOLLUSION
The Subgrantee warrants that it has not employed or rctaim:d any company or person, other than a bona
fide employee working solely for the Subgrantee, to solicit or secure this Agreement, and that it has not
paid or agreed to pay any company or person, other than a bona fide employee, any fee, commmsion,
percentage, brokerage fee, g~t~ or any other consideration contingent upon or resulting fi.om the award or
making of flus Agreement. If the Subgrantee breaches or xaulates flus warranty, the Department shall have
the right to annul flus Agreea~nt without liabthty or, in its discretion, to deduct fir~n the Agreement price
or considerataon~ or otheanmse recover the full mount of such fee, cc~,u~dssion, brokerage fee, co~tinEent
fee, or girl.
ARTICLE 17. CONFLICT OF INTEREST
The Subgrantee m'presonts that it or its employees have no conflict of interest that would in any way
interfere with its or its employees' performance or which in any way conflicts vnth the interests of the
Departing. The Subgrantee shall ~erciso reasonable care and dthgence to prevent any actions or
conditions that could result in a conl'hct vnth the Dcpamnent's interests.
ARTlCLE 18. SUBGRANTEE'S RESOURCES
The Subgrantee cemfies that it presently has adequate qualified personnel in its employment to perform the
work requin:xl under flus Agre~aent, or will be able to obtain such personnel fi.om sources other than the
Deparlmcnt.
All employees of the Subgrantee shall have such knowledge and experience as will enable them to perform
the duties assigned to them. Any employee of the Subgxantee who, in ~ opinion of the Department, is
mcompettmt or whose conduct becomes dethm~tal to the work, shall immediately be lc'moved fi.om
assoc~alaon w~th the project.
Unless ~se specified, the Subgruntee shall furnish all equipment, materials, supplies, and other
resources n:rlmred to perform the work
ARTICLE 19. PROCUREMENT AND PROPERTY MANAGEMENT
The Subgrantee shall establish and adminigter a system to procure, control prolect, preserve, use,
maint~.in, and dispo~ of any property furnished to it by the DopaCanent or purchased pursuant to this
Agmem~t in accordance with its own property ma-agement procedures, provided that the procedures are
not in conflict with the Departtnent's property management procedures or property management standards
and federal standards, as appropriate, in:
Attachment B
Project Title: STEP -Snced
Subgrantee: City of Comus Christi, Pofice Deoartment
· 49 CFR, Part 18, "Umform Admmistra~ve Reqmrements for Grants and Coopemave Agreements
to State and Local Governments," or
· 49 CFR, Part 19 (OMB Circular A-110), "Uniform Administralave Requirements for Grants and
Agreements with lnstimtaons of I-hgher Education, Hospitals, and Other Nonprofit Organizations."
ARTICLE 20. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY
Upon completion or termination of this Grant Agr~ment. whether for cause or al. the conwmience of the
pames hereto, all finished or unfinished documents, data, studies, surveys, reports, maps, drawings,
models, photogm, phs, etc. prepared by the Subgrantee, and equipment and supplies pttmhascd with gmat
funds shall, at the option of the Departmem. become the property of the Department All sketches,
photographs, calculations, and other d~t~ prepared under this Agreement shall be made available, upon
request, to the Department without restnetion or limitation of their further use
Intellectual property mists of copyrights, patents, and any other form of intellectual propem~ fights
covenng any data bases, softw~e, inventions, lraining n~nuals, systems design, or other proprietary
mfonmalaon tn any form or medium
All rights to Department The ~ shall own all of the rights (including copyrights, copyright
applica~oas, copyright renewals, and copyright cxtemions), title and interests in and to all ~ta. and
other informatton developed umler this crnd~act and versions then:of unless oth~n'wise agreed to in
wraing that there will be joint ownerslup.
All rights to Subgrantee. Classes and materials initially developed by the Subgmatee without any type
of fui~ling or resource assistance from the Depmtmcnt remain ~ Subgrantee's intellectual property.
For these classes and materials, the Department payment is limited to payment for allendance at
classes.
ARTICLE 21. SUCCESSORS AND ASSIGNS
The Department and the Subgrantee each binds itself, its suecessom, executors, assigns, and a~tmini~-ators
to the other party to tiffs ~t and to the successors, executors, assigns, and admimstmtors of such
other party in respect to all covenants of this Agre~nent. The Subgrantee shall not a~sign, sublet, or
tr.~fer interest *_nd obliff, tlons in this Agro-'~anant xvithoat xxTim consont of the Dopax~ent.
ARTICLE 22. CIVIL RIGHTS COMPLIANCE
Compliancb with regulations: The Subgrantee shall comply with the regulations relative to
nondischmim~on in federally-assisted programs of the USDOT: 49 CFR, Part 21; 23 CFR,
Suhohapter C; and 41 CFR, Parts 60-74, as they may be amended periodieally (hereinafter referred to
as the P,~gulations). ~ Subgrantee agrees to comply with Executive Order 11246, entitled "Equal
Employment Opportunity," as amended by Executive Order 11375 and as supplemented by the U.S.
Department &Labor regulaiaons (41 CFR, Part 60)
Nondiscrimination: The Subgrantee, with regard to the work performed during the period of this
Agreement, shall not discriminate on the grounds of race, color, sex, national origin, age, religion, or
disability in the selection and reterCuon of subcontractors, including procttrements of materials and
leases of equipment.
Project Title: STEP - Speed
Subgruntee: City of Corous Christi, Police Deoartment
Attachment B
Solicitations for subeouhacts, including procurement of materials and equipment: In all so[ici~].tlous
either by enmpemive bidding or negotiation made by the Subgrantce for work to be performed under a
subeonWact, including procurements of materials and leases of equipment, each potential subcontractor
or suppher shall be notified by the Subgrantee of the Subgrantee's obhgaaons under this Agreement
and the regulations relative to nondiscrimination on the grounds of race, color, sex, nataonal origtn, age,
religion, or disability,
D. laform~on and reports: Tbe Subgrantee shall provide all reformation and rq3orts required by the
regulations, or dixceaves issued pursuant thereto, and shall perma access to its beoks, records,
accounts, other sources of mformatio~ and its facilities as may be determined by the Department or the
USDOT to be pertinent to ascertain compliance with such regulations or dircetives. Where any
infommion required of the Subgrantee is in the exclusive possession of unotber who fails or refuses to
furnish tiffs informataon, the Subgrantee shall so certify to the Departmont or the US DOT, whichever
is appropriate, and shall set forth what efforts the Subgrantee has made to obtain the requested
information.
Sanctions for noncompliance: In the event of the Subgruntce's noncompliance with the
nondiscrimination provision of this Agreement, the Depamnent shall anpese such sanctions as it orthe
US DOT may determme to be appropriate.
Incorporalaon of provisions: The Subgmntee shall include the provisions of palagmphs A. through E
in every subcontract, mcluding procurements of materials and leases of equipment, unless exempt by
the regulations or directives. The Subgrantee shall take such aclaon with respect to any subcontract or
pm as the Department may direct as a means of enforcing such provisions, including
sanctions for noncomphunce. However, in the event a Subgrantee bceon~es revolved in, or is threatened
with litigation with a subcontractor or suppher as a result of such direction, the Subgrantce may
request the Department to enter into litiganon to protect the urterests of the state; and in addaion, the
Subgrantce may request the umted States to enter into such litigation to pmtoct the interests of the
umted States.
ARTICLE 23. DISADVANTAGED BUSINESS ENTERPRISE
It is the pehcy of the Depamxtent and the USDOT that Disadvantaged Business Enterpuses, as defined in
49 CFR Paz't 26, shall havc thc o},}.,o~tamty to p,~ ficil~te h~ the p~s fum~mce of ag~een~mL~ li,,A,~xxl in
whole or in part ~qth federal funds. Consequeffdy, tho Disadvantaged Bnsmc~ Enterprise mqtth~.~u,mta of
49 CFR Part 26, apply to this Agreement as follows:
· 3[~ne Subgrantee agrees to insure that Disadvantaged Bttsmess Ent6~prises, as defined in 49 CFR
Part 26, have the opportunity to pamcipate in the performance of agreements and subcontracts
financed in whole or in part with federal funds. In this iegard, the Subgrantee shall make good faith
efforts tn accordance with 49 CFR Part 26, to msum that Disadvantaged Business Enterprises have
the opportunity to compete for and perform agreements and subcontracts
· The Subgr~ntee and uny subcontractor shall not discriminate on the basis of race, color, sex,
nattonal origin, or disability in the award and performance of agrcements funded in whole or in
These requirements shall be included in any subcontract.
Project Title: STEP - Soeed
Subgrantee: City of Cor~us Christi, Police l)eoartment
Attachment B
Failure to carry out the requUements set forth above shall co~tltute a breach of fins Agreement and, afar
the notificauen of the DeparUnent, may result m termination of this Agreement by the Deparlmem, or other
such remedy as the DepaCanent deems appropriate.
ARTICLE 24. DEBARMENT/SUSPENSION
A. The Subgrantee certifies, to the best of its knowledge and belief, that it and ~ts pnncipals:
1.
Are not presently debamsd, suspended, proposed for debarment, declared mehgible or voluntarily
excluded fxom covered transactions by any federal department or agency;
Have not vafinn a three (3) year period prec~ing this Agreement been convicted of or had a civil
judgment rendered against them for c°rnnussion of fiaud or a criminal offense in coanc~tion with
obtaining, attempting to obtain, or perfornUng a federal, state, or local pubhc transaction or
contract under a pubhc tJ~aasantaon; ,aolation of federal or state anatmst statutes; or cormmssion of
embozzlernenL thef[ forgery, bribery, falsificalaon or destruction of records, making false
statements, or recmving stolen property;
Are not presently indicted or otherwise criminally or civilly charged by a federal, state, or local
governmental entity with c°mrmSsion of any of the offenses enumerated in paragraph A. 2. of this
Article; and
4. Have not, vathin a three (3) year Period preceding this Agreeamat. bad one or more federal, state,
or local pubhc transactions terminated for cause or default.
B Where the Subgmntee is unable to certify to any of the stalemea~ in this Article, such Subgrantee shall
attach an explanation to fins Agn~ment
C. The Subgrantce is prohibimd from making any award or l~mfimng any award at any tier to any party
wh/ch is debarred or suspended or otherwise excluded from or inehl0ble for pamcipa~ou in federal
assks'tance programs under Execunve Order 12549, Debarment and Suspension.
D. The Subgrantee shall require any party to a subcontract or purchase order awarded under this Grant
Agn:eme~ to comfy its ehgib~hty to receive federal grant funds, and, when requested by the
Department. to fizrmsh a copy of the certtficalaon.
ARTICLE 25. LOBBYING CERTIFICATION
The Subgranlee certifies to thc 10cst of his or her knowledge and belief that:
A No federally appropriated funds have been PaM or will be prod by or on bebalf of the Subl[~antee to
any person for intluencmg or atten~tmg to influence an officer or employee of any federal agency, a
Member of Cortga~s, an officer or employee of Congress, or an employee of a Member of Congress ia
connection with the awarrhng of any federal contract, the making of any federal grant, the maJdng of
any federal loan, the entering into of an), cooperative agreement, and the extension, continuation.
renewal, amendment, or modification of any federal contract, grant, loan, or conperalave agreement.
B. If any funds other than federal appropriated fimdg have been paid or will be paid to any person for
influencing or atlemptmg to influence an officer or employee of any federal agency, a Member of
Congress, an officer or employee of Coagress, or an employee of a Member of Congress in conneCaon
with this federal contract, grant, loan, or cooperative agreement, the party to this Agreement shall
Attachment B
Project Title: STEP - Soeed
Subgrantee: City of Corpus Christi, Police Department
complete :md submit Standa<l Form - LLL, "Disclosui~ Form to Report LobbYing?~ m accordance
with its instructions
C. The Subgrantee shall require that the language of this certification be included in the awaxd documents
for all subawaxds at all tiers (including subcontracts) and that all subrceipients shall certify and
disclose accordingly.
Tbs certification is a material representation of fact upon which rehance was placed when flus ~
was made or entered mm. Submission of this certificatton is a prerequisite for making or entering into this
transaction imposed by Section 1352, Trtle 31, U.S. Code. Any person who fails to file the required
certification slxall be subjcet to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
ARTICLE 26. CHILD SUPPORT STATEMENT
Unless the Subgrantce ts a govemmemal or non-profit entity, the Subgramee certifies that it either will go
to the Department's website noted below and complete the Child Support Statement or already has a Child
Support Stalement on file w~th the Department. The Subgrantce 15 responsible for keeping the Child
Support Statement cmt~ut and on file wa.h that office for the duratton of flus Agrcement Period. Tae
Subgrantce further cemfies that the Child Support Statement on file contains the child support informaluon
for the inchviduals or business entities named m this grant. Under Section 231 006, Family Code, the
Subgrant~ certifies that the indivadual or business entity named in this Agreement is not melig/ble to
receive the specified grant or payment and aclamwledges that this Agreement may be temmuaed and
pa~nent ma), be withheld if this certification is inaccurate.
The form for the Child Support Statement is available on the Iaternet at:
httD://www.dot.state.tx.us/cso/default .htm
Attachment C
Project Title: STEP Speed
Name of Subgrantee: City of Corpus Christi,
Police Department
Traffic Safety Project Description
BASEI,INE INFORMATION & OBJECTIVES
BASELINE INFORMATION:
Baseline Definition: A number serving as a foundation for subgrantees to measure pre-
grant traffic enforcement activity. Baseline information must be provided by the
subgrantee in order to identify local traffic enforcement related activity This information
should exclude any activity generated with STEP grant dollars. Once the baseline is
established, these figures will be used to compare subsequent year's local and grant traffic
enforcement activity.
Baseline Year (12 momhs: 10/2002 through 09/2003)
Baseline
Baseline Measure Number
A. Number of speed-related crashes 3,198
B. Number of spend citations 13,124
The following measures were established by Subgrantee surveys:
Measure Percentage Month/Year of Survey
Percemage of speed compliance 35% 08/2004
Note: Speed sites must be justified by surveys conducted six (6) months prior to the start
of the grant or sooner.
OBJEL-I'IVES:
The Objectives of this grant are to accomplish the following by September 30,
2005:
Target
Objectives/Performance Measures Number
A. Number and type citations/arrests to be issued under STEP
I. h~ea~e ~pexxl ~itatim~ by 5,616
B. Numbe~ o~FS'lbl' enlorcement hours tobe~ 1,872
C. Subgrantee total number of traffic related crashes
1. Reduce the number of speed-related crashes to 3,038
D Increase the speed compliance rate to 40%
E. Complete administrative and general grant requirements as defined in the
Action Plan, Attachment D.
1. Submit the following number nfPerformance Reports, including the
Final Performance Report and Administrative Evaluation Report. 12
2. Submit the following number of Requests for Reimbursement 12
F. Support grant enforcemem efforts with public information and education
(PI&E) as defined in the Action Plan, Attachment D
1. Conduct a minimum of four (4) presentations. 4
Traffic Safety Project Description Page 1 o fl TxDOT Form 2076-speed (Rev: 7/22/2004)
Attachment C
Project Title: STEP - Speed
Subgrantoe: City of Corpus Christi,
Police Department
Target
Objectives/Performance Measures Number
2. Conduct a rmnimum of four (4) media exposures (e.g. news
conferences, news releases, and interviews). 4
3. Conduct a minimum of two (2) community events (e g, health fairs,
booths). 2
4. Produce the following number of public information and education
materials if applicable. N/A
5. Distribute the following number of public information and education
materials if applicable. N/A
NOTE:
Nothing in this agreement shah be interpreted as a requirement, formal or informal, that a
peace ot~cer issue a specified or predetermined number of citations in pursuance of the
Subgrantee's obligations hereunder.
In addition to the STEP enforcement activities, the subgrantee must maintain baseline non-
STEP funded citation and ~rrest activity due to the prohibition of supplanting.
Trafftc Safety Project Description Page 2 of 2 TxDOT Form 2076-speed (Rev: 7/22/2004)
Project Title: STEP - Speed
Subgrant~e: City of Corpus Christi, Police Department
Attachment C
RESPONSIBILITIES OF TIlE SUBGRANTEE:
Carny out the objectives and performance measures of this grant by implementing all
activities in the Action Plan, Attachment D.
B. The Objectives/Performanea Measures shall be included in each Performance Report
and summarized in the Final Performance and Administrative Evaluation Report.
C. Submit all required reports to the Department fully completed wath the most current
information, and within the required times, as defined in Article 3 and Article 7 of
the General Terms and Conditions, Attachment B of this Grant Agreement. This
includes reporting to the Department on progress, achievements, and problems in
periodic performance repons. All required documents must be accurate. Inaccurate
documents will delay any related Requests for Reimbursement. The Subgnmtee
must enter all Performance and Annex Report data into the Buckle Up Texas
Website (www buckleuptexas.com) prior to submission of the hard copy reports to
the Department. Printed versions of the Website reports are acceptable versions for
hard copy submissions
D. A Final Performance and Administrative Evaluation Report summarizing all
activities and accomplishments will be submitted to the Department electronically
via the Buckle Up Texas Website no later than thirty (30) days after the grant ending
date.
E. Attend meetings according to the following:
1. The Subgrantee will arrange for meetings with the Department, as inchcated in
the Action Plan, to present status of activities and to discuss problems and the
schedule for the following quarter's work.
2. The project director or other appropriate, qnalified persons will be available to
represent the Subgrantee at meetings requested by the Department.
F. When appficable, all newly developed public information and education (PI&E)
materials must be submitted to the Department for written approval prior to hnal
production Refer to Chapter Five (5), Section Eight (8) of the Tramc Safety
Program Manual regarding PI&E procedures. The manual is located at
http://www, dot. state.tx.us/traflicsafety/default.htm
G For out of state travel expenses to be reimbursable, the Subgrantee must have
obtained the written approval of the Department prior to the be~nning of the trip.
Grant approval does not satisfy this requirement. For Department district-managed
grants, the Subgrantee must have written Department district approval for travel and
related expenses if outside of the district boundaries.
H Maintain verification that all expenses, including wages or salaries, for which
reimbursement is requested is for work exclusively related to this project.
I. Ensure that this grant will in no way supplant (replace) funds from other sources.
Supplanting refers to the use of federal funds to support personnel or any activity
already supported by local or state funds.
Traffic Safety Project Description Page 3 of 3 TxDOT Form 2076-speed (Rm,_ 7/22/2004)
Attachment C
Project Title: STEP - Speed
Subgrantee: City of Corpus Christi, Police Department
J. The Subgrantee should have a safety belt use policy. If the Subgrantee does not have
a safety belt use policy in place, a policy should be implemented during the grant
year.
K Carry out the objectives of this grant by implementing the Operational Plan,
Attachment F of this Grant Agreement.
Ensure that each officer working on the STEP project will complete an officer's
dally report form The form should include: name, date, badge or identification
number, type of grant worked, grant site number, mileage (if applicable) (including
starting and ending mileage), hours worked, type of citation issued or arrest made,
officer and supervisor signatures.
M. Ensure that no officer above the rank of Lieutenant (or equivalent title) will be
reimbursed for enforcement duty.
N. Support grant enforcement efforts with public information and education (PI&E).
Salaries being claimed for PI&E activities must be included in the budget.
O Subgrantees with a traffic unit will utilize traffic personnel for this grant, unless such
personnel are unavailable for assignment.
P Subgrantee may work additional STEP enforcement hours on holidays or special
events not covered under the Operational Plan. However, additional work must be
approved in writing by the Department prior to enforcement. Additional hours must
be reported in the Performance Report for the time period for which the additional
hours were worked.
If an officer makes a STEP-related arrest during the shift, but does not complete the
arrest before the shift is scheduled to end, the officer can continue working under the
grant to complete that arrest.
Officers assigned to speed sites should be trained in the use of radar or laser speed
measurement devices.
Prior to conducting speed enforcement, the Subgrantee must select and survey
enforcement sites that comply with existing state mandated speed limits in
accordance with the Texas Transportation Code, Sections 545 352 through 545.356
RESPONSIBILITIES OF TltE DEPARTMENT:
Monitor the Subgrantee's compliance with the performance obligations and fiscal
requh-ements of this Grant Agreement using appropriate and necessary monitoring
and inspections, including but not limited to:
1. review of periodic reports
2. physical inspection of project records
3. telephone conversations
4 e-malls and letters
5 meetings.
Traffic Safety Project Description Page 4 of 4 TxDOT Form 2076-speed (Rev: 7/22/2004)
Project Title: STEP - Speed
Subgrantee: City of Corpus Christi, Police Departmem
Attachment C
B Provide program management and technical assistance.
C. Attend appropriate meetings.
D. Reimburse the Subgrantee for all elig/ble costs as defined in the Traffic Safety
Project Budget, Attachment E. Requests for Reimbursement will be processed up to
the maximum amount payable as indicated on the cover page of the Grant
Agreement.
E. Perform an administrative review of the project at the close of the grant period to
include a review of adherence to the Action Plan, Attachment D of this Grant
Agreement and the Traffic Safety Project Budget, Attachment E, and attainment of
project objectives.
Traffoc Safety Project Description Page 5 of 5 TxDOT Form 2076-speed (Rev: 7/22/2004)
Form 1852 (rev. 7/21f2003)
ACTION PLAN
FY 2005
PROJECT TITLE: STEP - Speed
SUBGRANTEE: Cib/of Comus ChdstJ. Poli!e Department
OBJECTIVE: To complete administrative arid {eneral grant requirements by September 30. 2005, as defined below:
Submit letter regarding signature authonty. ~
Submit operational cost per vehicle mile (If ~pp Icable).
Hold Grant delivery meeting.
Attend TxDOT Project Management Course
Submit Performance Reports.
Submit Requests for Reimbursement.
Submit Final Performance Report and Administrative
Evaluation Report.
ACTIVITY RESPONSIBLE OC NO
1. Subgrantee p
2, Subgranlee p
3. Department p
4, Subgrantee
5, Subgrantee
6, Subgrantee
7, Subgrantee
Subgrantee
Attachment D
p = planned activity
c = completed activity
r = rev sea
PROJECT MONTH
DE JAIFE, MR~AP MY JN
P P P P P P P P
P P P P P P P P
P
P
8. Hold Grant progress review meeting. Subgrantee & Dept.
9. Conduct on-site monitoring visit. Department
10. Submit documentation of any grant-required tra nlng (if Subgrantee
applicable)
Conduct enforcement
P
PPPPPPPPP
JL AU SE OClNO
P P P P
P PIP P
P
P P P
Page 1 of l
Attachment D
ACTION PLAN
FY 2005
Focm 1852 (rev. 7/2If*zoo3)
PROJECT TITLE: STEP - Speed
SUBGRANTEE: City of Corpus Chdsfi, Police _3epartment
OBJECTIVE: To support grant efforts with a pJblic information and education (PI&E) program by 9/30/2005, as
defined below: ~
KEY:
p = planned activity
c = completed activity
r = revised
Modify these activities as appropriate:
ACTIVITY
1. Determine types of materials needed.
2. Develop proposed materials.
3. Submit proposed materials and the PI&E plan bo the
Department for approval.
4. Approve plan.
5. Distribute materials. (See footnote below re materials)
6. Maintain records of all PI & E material recelved/distdbuted.
7. Conduct news conference(s)
8. Issue news release(s).
9. Conduct presentations.
10. Parl. lclpate in community events (e.g., hsalt~ or safety
fairs, booths).
PROJECT MONTH
I FE MR AP MY JN
RESPONSIBLE OC NO DE JAI
Subgrentee NA I
Subgrentee NA
Subgrantee NA
Department
Subgrantee
Subgrentee
Subgrantee
Subgrantee
Subgrantee
Subgrantee
P
P P P P P
P P P P P
P p
p P
P
P
P P P P
P P P P
P
P
P
P
JL AU SE
P P P
P P P
P
P
P P
P P
OC!NO
The Corpus Christi Police Depar/ment will utilize printed materials available from TXDOT.
P~e2~2
Traffic Safety Project Budget
Page 1 or2
Project Title: STEP - Speed
Name of Subgrantee: City of Cor~us Chdsfl, Police Department
Fiscal Year: 2005
[] Check here if this is a revised budget.
Date Revised:
Attachment E
TIDOT
(Round figuxes to ueaxest dollax)
Other/ Program
State/L~:al Income TOTAL
Budget Category I - Labor Costs (100) Ssinries
[] Overtime or [] Regular Time
Salary rates are esamated for budget latrpos~ only. Re-
imbursements will be I~ o--~ on actual costs gcx eznployee in
accordance wi~ Sul:~mtee's payroll policy and salary rale,
List clclails (specify title, salary rate, amd pament of time):
A. Officers (enforcement) 1,872 hfs ~, $34.60 oe* hr
B. Officers (PI&E) 100 hfs ~ $34.60 i>er hr
C. Officers (STEP administrative i~a0erworkl 100 hfs
lt~ $34,60 I~or hr
D.
E.
F.
G.
H.
I
J.
Total Salariea .....................................................
64~771 64~771
3,460 3,460
0
71,691 0 0 71,691
0 5~484 $~484
0 8,424 8,424
(200) Fringe Benefits*
List details (specify tide and fringe rate):
A. FICA 7.65%
B. TMRS 11.75%
C.
D.
E
H.
[.
K.
Total Fringe Benefits .................................................
L Total Labor Costs (100 +200)
0
0
o 0 3pos
71,691 13,908 0 85,599
l* Budget Detail Required: As an at~achmem to the budget, a justification and a delatlext cost breakdown is reqmred I
for all costs included for Fringe Benefits (200), Travel and Per Diem (300), Equipment (400), Supplies (500),
Contractual Seivioes (600), Other Miscellaneous (700), and Indirect Cost Rate (800)
Attachment E
TxOOT Form ;L~)77 (rev. 8,/12f2~04)
Page 2 of 2
project T~le: STEP -
~e~e: City of Coq;a,~ ~, Police Decaclment
Fiscal Year: 2005
[] Chc~k hem ffttus is a revised budget.
Date Revised:
(Round figu~s m nca[c~ dollar)
Other/ Program
TxDOT State/Local Income TOTAL
Budget Category H - Other Direct Costs
(30~) Travel and Per Diem* ................................. 204) 20~
Reimbursem~mts will ~ in accordance with Subgnmtee's
travel policy Subgrmttee must b[ll for actual travel expenses
-- not lo exceed the limits rciml:m~ble under slate law.
(400) Equipment*. .................................................... 0
(500) Supplies'. ....................................................... 0
(60~) Contractual Services* ....................................... 0
(700) Other Misr.~aneo~s*
A. Public information & education (PI&E) materials .... 0
1. EducalJonal items - $
(examples: brochur~ bumper stickers~ posters,
fliers, etc.)
2. Pmmoaonal Rems = $
(examples: key chains, magnets, pencils, pens,
mugs, etc.)
B. O~her ................................................................ 5,600 0 5,600
Total Other Mis~Hane~ms ......................................5~)00 0 0 57600
IL Total Other Direct Costs
(300+ 400 + 5~0 + 600 + 700) ................................... 5,800 0 0 5,1~0
Budget Category l]]- Indirect Costs
(S0O) Indirect Cost R.te* (al %) ..................... 0
Summary:
Total Labor Co~s ...................................... 71,691 _ 13,908 0 85~599
Total Other Direct Cmts ....................................
Total Indirect Costa ................................. 0 0 0 0
Grand Total (I + H + HI) ................................... 77,491 13,908 0 91399
Fund Soerces (Percem Sham) ................................... 84.78% 15.22% 0.00%
* Budget Detail Required: As an attachment to the budgeL a justification and a derailed cost bnmkdown is required I
for all costs included for Fnnge Benefits (200), Travel and Per Diem (300), Eqmpment (400), Supplies (500),
I
Contractual Services (600), Other MisccUancous (700), and Inclimct Cost Rate (800)
Project Title: SPEED STEP
Name of Subgrantee: City of Comus Chdsti
BudgetDe~il
(100) Salades
A. ENFORCEMENT (overtime)
1. Officem:I 1,872 hours
$34.60 per hour' = $ 64,771
2. Sergeants: 0 houm
~ $0.00 per hour = $
3. lieutenants: 0 hours
RI $0.00per hour = $
Federal
Funds
(3 officers, 4 hours a day, 3 days a week)
$ O4271
El. PI&E ACTIVITIES (overtime) $ 3,460
[not to exceed 10% ol~ (100) salaries]
100~hours ~ $34.60{perhour= $ 3,460
C. OTHER
/
(i.e., overtime stair, supervisory support, conducting surveys, in-house instructors for OP violators
Type, # hours, rate =
course: not to exceed 10% of total grant amount)
1. Officers: edministratJve paperwork
TOTAL ~AO0 hOLA~:S I~ $34.6~per hour =
Local
State Total
Funds
$ $ 64,771
$ $
$ $
$ $ 3,460
$,3,460 $ 3,460 $ $ 3,460
$71,691 $ $71,691
(200) Fdnge Benef'~
(200) Frinl3e Berleflts
A. Rate: (if not included in hourly rate)
ICA 7.65% 5,484
MRS 11.75% 8,424
B. Other salaries:
TOTAL FRINGE BENEFITS
Local
Federal
State Total
Funds
Funds
19.40% $ $ 13,908 $ 13,908
$ $
$ $13,908 $ 13,908
(300) Travel and Per Diem - for required travel to attend TXDOT seminars or workshop5 and PMC or
Eluckle Up/DSI Summit.
(200) Travel and Per Diem
Federal
Total
Funds
I Is $ 200
Local
State
Funds
(700) Other Miscellaneous - mileage for ofcers working STEP grant.
Federal Local
Funds / State
, SUBGRANTEE VEHICLE MILEAGE ~ ~Funds
16,000(miles* at I $ 0.3500 (per mile =/$ 5,600/$ -
Total
$ 5,600
J:\GRANTS~STEP~SPEED~SPEED FY 0405~BUDGET NARRATIVE.DOC 9/3/2004
FC~Tn 2109 (rev. 7r22/2004)
TRAFFIC SAFETY
OPERATIONAL PLAN
Project Fiscal Year:. ~005
Sul~rantee: City Of Corpus Christi, police Del~artment
Site Description
Project T~e: Si3eed S~ep
STEP Site Letter
or
Number 8, Type*
Survey
Results
(compliance)
IH37 - from V~olet Road to SH286, East
and West
1 36.5%
Length in miles: 11.4
Speed Limit: 65 - 70 mph
USHw¥ 181 - from Harbor Bddge to City
2 Limits, North and South 30%
Length in miles: 5
Speed Limit: 55 mph
SH286 - from IH37 Intemhange to SH358
3 Interchange, North and South 34%
Length in miles: 3.9
Speed Umit: 65 mph
Attachment F
Enforcement Period
Monday - Sunday
7am - 12pm and/or 3pm - 8pm
Monday - Sunday
7am - 12pm and/or 3pm - 8pm
Monday - Sunday
7am - 12pm and/or 3pm - 8pm
SH358 - East and West
4 Length in miles: 19 40.5%
Speed Limit: 60 - 65 mph
Monday - Sunday
7am - 12pm and/or 3pm - 8pm
SH357 (Saratoga) - from Ayers to Airline,
East and West
5 30%
Length in miles: 5.2
Speed limit: 45 mph
Monday - Sunday
7am - 12pm and/or 3pm - 8pm
SH361 - from Park Road 22 to City Limits
6 Length in miles: 10.8 35%
Speed Limit: 60 mph
Monday - Sunday
7am - 12pm and/or 3pm - 8pm
Pan( Road ~ -trom JI-K btqdge [0 Sea
Pines Road
7 36%
Length in miles: 4.1
Speed Limit: 55 mph
Monday - Sunday
7am - 12pm and/or 3pm - 8pm
Note:
The Operational Plan must be completed accon~ing to the Operational Plan Instructions by the Subgrantee,
and it must be submitted as pert of the STEP grant agreement for approval. The instructions and the
Operational Plan Form can be found on the TxDOT Website located at
httr~://www.dot.state.tx.us/trafficsafetv/qrants/qpinstcurrent htm
Any modifications made to the Operational Plan after the grant is executed do not require an amendment to
the Grant Agreement. However, the Subgrantee must follow the Operational Plan modification procedures
found in the Operational Plan Instructions before any enforcement is conducted in the related sites.
For Speed and Occupant Protection sites only, survey data must be submitted with the grant document to
support the Operational Plan. Subgrantees must follow the 'Speed Site Approval Criteria' wflen selecting
sites to work for Speed, Safe and Sober, or Comprehensive STEPs. The criteda can be found in the
TxDOT Website in the Traffic Satety Grants information and Instructions.
Page1 ot'l
ORDINANCE
APPROPRIATING $77,491 FROM THE TEXAS DEPARTMENT
OF TRANSPORTATION FOR FUNDING FOR A SPEED
SELECTIVE TRAFFIC ENFORCEMENT PROJECT (STEP) IN
THE NO. 1061 POLICE GRANTS FUND; AND DECLARING AN
EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That $77,491 from the Texas Depa~b.ent of Transportation is
appropriated in the No. 1061 Police Grants Fund for funding for a SPEED
Selective Traffic Enforcement Project (STEP).
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
City Secretary
Approved: September 7, 2004
L~sa Aguilar/JC~~
Assistant (J~ Attorney
for City Attorney
Samuel L. Neal, Jr.
Mayor
Corpus Christi, Texas
Day of
,2004
TO THE MEMBERS OF THE CI'I-Y 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: lA,ye, therefore, request that you
suspend said Charier 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 Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
g
CITY COUNCIL
AGENDA MEMORANDUM
September 14, 2004
AGENDA ITEM:
A. Resolution authorizing the City Manager or his designee, to execute a Solid Waste Grant Interlocal Cooperation Agreement with the
Coastal Bend Council of Governments in the amount of $10,000 for a Community Outreach Campa/gn on the City's New Anti-Litter
Ordinance, including Recycling and Illegal Dumping efforts.
B. Ordinance appropriating $10,000 from the Coastal Bend Council of Governments, in the No.1051 Solid Waste Grants Fund for
Community Outreach Campaign on the City's New Anti-Litter Ordinance, including Recycling and Illegal Dumping efforts; and
declaring an emergency.
C. Resolution authorizing the City Manager, or his designee, to execute a Solid Waste Grant Interlocal Cooperation Agreement with the
Coastal Bend Council of Governments in the amount of $26,619 to provide funding for the City's Assistant Compliance Officer.
D. Ordinance appropriating $26,619 from the Coastal Bend Council o[ Governments in the No. 1051 Solid Waste Grants Fund to
provide funding for the City's Assistant Compliance Officer; and declaring an emergency.
E. Resolution authorizing the City Manager, or his designee, to execute a Solid Waste Grant Interlocal Cooperation Agreement with the
Coastal Bend Council of Governments in the amount of $2,000 for an Educational Program on the City's Landfill Operations.
F. Ordinance appropriating $2,000 from the Coastal Bend Council of Governments in the No. 1051 Solid Waste Grants Fund for an
Educational Program on the City's Landfill Operations; and declaring an emergency.
ISSUE: Approval of three solid waste grants from the Coastal Bend Council of Governments, and appropriation of the grant
funds.
BACKGROUND: The Texas Commassion on Environmental Quality Solid Waste Grants are administered locallY through the Coaslal
Bend Council of Governments (CBCOG). The purpose of the grant program is to provide funding for eligible local and regional
municipal solid waste projects in support of the adopted regional solid waste management plan for the CBCOG region In FY 2000-
2001, the City received $78,000.00 in funding for solid waste projects In FY 2001-2002, the City applied for, hut did not ~e.c_.eive a
CBCOG grant. In FY 2002-03 the City received $125,0(10.00 in funding. In FY 2003-04 the City received $ 56,932.00 in funding.
In FY 2004-05 grant funding in the amount of $244,952.00 was available through the CBCOG grant application process for solid waste
projects. All requested grant funding supports specific goals and objectives of the CBCOG Regional Solid Waste Management Plan.
Solid Waste Services applied for a total of $53,642.00 in grant funds for the above projects and was awarded $28,629.00.
$10,000.00 to fund a Community Outreach Campaign on the City's New Anti-litter Ordinance to include Recycling and Illegal
Dumping efforts. The grant funds will be used to develop public service announcements and advertising, develop, print, reproduce
and distribute informational flyers and notices to the community, develop signage to promote recycling and discourage illegal
dumping in neighborhoods that have been targeted as problem areas city wide and recording of problem illegal dumping sites and
promote recycling efforts city wide. This item supports the CBCOG Regional Solid Waste Management Plan Goals and Objectives
1 (1.2 & 1.4) and Goals and Objectives 2 (2.1)
$26,619.00 to fund local enforcement. The grant funds will be used to continue to provide funding for the City's Assistant
Compliance Officer that was hired with last years approved COG grant. This item supports the CBCOG Regional Solid Waste
Management Plan Goals and Objectives I (1 2).
$2,000.00 to fund an Educational Program at the City Landfill. The grant funds will be used to provide promotional and
educational items to students who tour the City Landfill as part of their yearly curricula. This item supports the CB COG Regional
Solid Waste Management Plan Goals and Objectives 1 (1.2 & 1.4) and Goals and Objectives 2 (2.1).
FUTURE COUNCIL ACTION: None until next year's Grant Process begins.
RECOMMENDATION: Approval of the Resolutions and Ordinances as submitted.
ap
Director of Streets & Solid Waste Services
H/COG Stuff/cog 05 con~act agenda memo.doc
RESOLUTION
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH THE
COASTAL BEND COUNCIL OF GOVERNMENTS IN THE AMOUNT OF
$10,000 FOR A COMMUNITY OUTREACH CAMPAIGN ON THE CITY'S
NEW ANTI-LII'I-rER ORDINANCE, INCLUDING RECYCLING AND
ILLEGAL DUMPING EFFORTS
NOW, THEREFORE, 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 an interlocal
cooperation agreement with the Coastal Bend Council of Governments in the amount of
$10,000 for a Community Outreach Campaign on the City's new anti-liitter ordinance,
including recycling and illegal dumping efforts
SECTION 2. The City Manager or his designee is authorized to make editorial and non-
substantive modifications and execute amendments to the interlocal cooperation
agreement without the further approval of the City Council that do not require the
appropriation of additional funds or exceed the City Manager's authority to amend
contracts, Including, but not limited to, time extensions, modifications to schedule,
modifications in scope of work, and any changes dictated by entities providing grant
funding for the project.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: __ day of September, 2004.
City Attorney
Samuel L. Neal, Jr.
Mayor
COG COMM OUT R43435D1.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
John Longoda
Jesse Noyola
Mark Scott
2
COG COMM OUT R43435D1.doc
ORDINANCE
APPROPRIATING $10,000FROM THE COASTAL BEND COUNCIL OF
GOVERNMENTS IN THE NO. 1051 SOLID WASTE GRANTS FUND
FOR A COMMUNITY OUTREACH CAMPAIGN ON THE CITY'S NEW
ANTI-LIII-I'ER ORDINANCE, INCLUDING RECYCLING AND ILLEGAL
DUMPING EFFORTS;ANDDECLARING AN EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $10,000 from the Coastal Bend Council of Governments is
appropriated in the No. 1051 Solid Waste Grants Fund for a Community Outreach
Campaign on the City's new anti-litter ordinance, including recycling and illegal dumping
efforts.
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
Samuel L. Neal, Jr.
Mayor
APPROVED: This __ day of September, 2004:
Ua~ I~ay Fiq~her
City Aftorney
COG SOLID WASTE R43435C1 .doc
2
Corpus Christi, Texas
__ day of ,2004
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Chdsti, 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
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmene'ro
Melody Cooper
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
COG SOLID WASTE R43435C1 doc
RESOLUTION
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE A SOLID WASTE GRANT INTERLOCAL AGREEMENT WITH
THE COASTAL BEND COUNCIL OF GOVERNMENTS IN THE
AMOUNT OF $26,619 TO PROVIDE FUNDING FOR THE CITY'S
ASSISTANT COMPLIANCE OFFICER
NOW, THEREFORE, 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 Solid Waste
Grant Interlocal Agreement with the Coastal Bend Council of Governments in the
amount of $26,619 to provide funding for the City's Assistant Compliance Officer.
SECTION 2. The City Manager or his designee is authorized to make editorial and non-
substantive modifications and execute amendments to the interlocal cooperation
agreement without the further approval of the City Council that do not require the
appropriation of additional funds or exceed the City Manager's authority to amend
contracts, including, but not limited to, time extensions, modifications to schedule,
modifications in scope of work, and any changes dictated by entities providing grant
funding for the project.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: __ day of September, 2004.
City Attomey
Samuel L. Neal, Jr.
Mayor
COG ASST COMP OFO R43435B1.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
John Longoria
Jesse Noyola
Mark Scott
2
COG ASST COMP OFC R43435B1 doc
ORDINANCE
APPROPRIATING $26,619 FROM THE COASTAL BEND COUNCIL OF
GOVERNMENTS IN THE NO. 1051 SOLID WASTE GRANTS FUND TO
PROVIDE FUNDING FOR THE CI'I'Y'S ASSISTANT COMPLIANCE
OFFICER; AND DECLARING AN EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $26,619 from the Coastal Bend Council of Governments is
appropriated in the No. 1051 Solid Waste Grants Fund to provide funding for the City's
Assistant Compliance Officer.
SECTION 2. 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 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
Samuel L. Neal, Jr.
Mayor
APPROVED: This day of September, 2004:
COG SW 4 COMP Oft R43435A1,doc
Corpus Chdsti, 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
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
COG SW 4 COMP OFC R43435A1 doc
RESOLUTION
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH THE
COASTAL BEND COUNCIL OF GOVERNMENTS IN THE AMOUNT OF
$2,000 FOR AN EDUCATIONAL PROGRAM ON THE CITY'S LANDFILL
OPERATIONS
NOW, THEREFORE, 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 an interlocal
cooperation agreement with the Coastal Bend Council of Governments in the amount of
$2,000 for an educational program on the City's landfill operations.
SECTION 2. The City Manager or his designee is authorized to make editorial and non-
substantive modifications and execute amendments to the interlocal cooperation
agreement without the further approval of the City Council that do not require the
appropriation of additional funds or exceed the City Manager's authority to amend
contracts, including, but not limited to, time extensions, modifications to schedule,
modifications in scope of work, and any changes dictated by entities providing grant
funding for the project.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: __ day of September, 2004.
Mary I'~y FisCher
City Attorney'
Samuel L. Neal, Jr.
Mayor
COG R43435Fl,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
John Longoria
Jesse Noyola
Mark Scott
2
COG R43435F1.doc
ORDINANCE
APPROPRIATING $2,000 FROM THE COASTAL BEND COUNCIL OF
GOVERNMENTS IN THE NO. 1051 SOLID WASTE GRANTS FUND
FOR AN EDUCATIONAL PROGRAM ON THE CITY'S LANDFILL
OPERATIONS; AND DECLARING AN EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $2,000 from the Coastal Bend Council of Governments is
appropriated in the No. 1051 Solid Waste Grants Fund for an educational program on
the City's landfill operations.
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
Samuel L. Neal, Jr.
Mayor
APPROVED: This__ day of September, 2004:
ary y Fis er
City ~A~o~nFei?~1~
COG SW EDU FUND R43435El,doc
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
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
COG SW EDU FUND R43435E1,doc
10
AGENDA MEMORANDUM
Date: September 3, 2004
SUBJECT: Greater Corpus Christi Clean Cities Coalition Program
Office of Environmental Programs
AGENDA ITEM:
Ordinance appropriating $2,000 from the Alamo Area Council of Governments in the No. 1071
Community Enrichmem Grants F~md for use ia the Greater Corpus Christi Clean Cities Coalition
program~; and declaring an emergency.
ISSUE: The City of Corpus Christi has been awarded a discretionary grant of $2,000 from the
U.S. Department of Energy (DOE) to supplement the funding of the Greater Corpus Christi
Clean CRies Coalition. The funds are issued through the Alanlo Area Council of Governments
(AACO6).
FUNDING: The State Energy Conservation Office awarded the City of Corpus Christi a grant in
the amount of $25,000 to help defray the costs of the Clean CRies Coordinator for one year.
DOE is supplementing those funds with an additional $2,000 issued through AACOG.
RECOMMENDATION; Staffrecommends approval of the motion and ordinance as presented_
Chul Klm McGuire, CHMM
Director of Environmental Program~
Attachraents:
1. Background Information
ATTACHMENT I
BACKGROUND INFORMATION
SUBJECT: Corpus Christi Clean Cities lhtogram
Prole~ l)e~rlotion; The Clean Cities Alternative Fuels Program is a locally based
government/indu~hy partnership, coordinated by the U.S. Department of Energy (DOE) through
SECO in the State of Texas. The program objective is to accelerate the introduction and
expansion in the use of atteroative fuels ami alternative fuel vehicles by the driving public and by
business. Clean Cities is a voluntary program that encourages a public/private partner~p to
acco~,lish its objectives.
A DOE funded grant administered through SECO supports the City's Clean Cities Coordinator
who is responsible for the development of program strategies for alternative fuel initiatives.
Objectives include development of the alternative fuels market, educational iJ~ugrams, alternative
fuel supply infrastructure, and fleet conversion to alternative fuels_ DOE has awarded
supplemental funding of $2,000 to further support the prograrrL
The City of Corpus Christi received official designation from DOE in the Clean Cities program
in March 1998. Efforts have been underway to expand the alternative fuels utilization in the area
as one strategy in meeting the federally promulgat~ed National Ambient Air Quality Standaxds for
ozone. The Clean Cities Coordinator will be one of the central figures in managing and
promoting alternative fuels and vehicles of the program_
PRIOR COUNCIL ACTION:
1. February 25, 1997 - Motion authorizing the City Manager, or his designee, to execute a
contract with SECO for a $50,000 grant to subsidize the salary, benefits, and expenses for
the Clean Cities Coordinator for April 1, ! 997 through March 31, 1998.
2. September 30. 1997 - Motion authorizing the City Manager, or his designee, to execute a
contract with TAFC for a $25,000 grant to fund the Clean Cities Initiative Strategic
Planning.
3. July 12, 2004 - Resolution authorizing the City Manager, or his designee, to execute a
contract with SECO for a $25,000 grant for development of a Clean Cites program and
related Services.
FUTURE COUNCIL ACTION:
1. Execution of comracts for $25,000 or more for additional gnmts being solicited for the
Clean Cities Program will require Council action.
ORDINANCE
APPROPRIATING $2,000 FROM THE ALAMO AREA COUNCIL OF
GOVERNMENTS IN THE NO. 1071 COMMUNITY ENRICHMENT
GRANTS FUND FOR USE IN THE GREATER CORPUS CHRISTI
CLEAN CITIES COALITION PROGRAMS; AND DECLARING AN
EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $2,000 from the Alamo Area Council of Governments is appropriated
in the No. 1071 Community Enrichment Grants Fund for use in the Greater Corpus
Chdsti Clean Cities Coalition programs.
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.
ATFEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. NeaI, Jr.
Mayor
APPROVED: This __ day of September, 2004:
Maryz~ay F~cher
City Attorney
COG ALAMO AREA R43230A1 ,doc
2
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
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
COG ALAMO ARF_A R43230A1 doc
11
AGENDA MEMORANDUM
DATE: September 14, 2004
SUBJECT: $2,000 ~ from Walmart
AGENDA ITEMS:
a) Resolution accepting a $2,000 ~ fi'om Walmart to pumhase books and other
h-brary materials for thc Northwest Branch L[br~y.
b) Appropriating $2,000 gilt from Walmart in the General Fund no. 1020 to
purcha~ h'brary mate. rials and 8menlting the FY 2004-2005 operating budget
adopted by Ordinance no. 025878 to increase appropriations by $2,000; and
de~claring an cmexgeno¥.
ISSUE: Walmart has contributed $2,000 to the Northwest Bmrmh Library to purchase
books and other h~ary materials.
REQUIRED COUNCIL ACTION: Appropriation of funds requi~ Council action.
RECOMMENDATION: Staffrecommends ~ acceptance and appropriation offumts.
Herb C.~nales
Director of Libraries
RESOLUTION
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT
A $2,000 GIFT FROM WALMART TO PURCHASE BOOKS AND
OTHER LIBRARY MATERIALS FOR THE NORTHWEST BRANCH
LIBRARY.
NOW, THEREFORE, 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 $2,000 gift from Walmart to purchase books and other library materials for the
Northwest Branch Library.
ATrEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: 14~h d~v~ber, 2004.
eronica Oca~as
Assistant City Attomey
Samuel L. Neal, Jr.
Mayor
9.14.04 WaYnart grant resolution.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 Sco~t
ORDINANCE
APPROPRIATING A $2,000 GIFT FROM WALMART IN THE GENERAL
FUND NO. 1020 TO PURCHASE LIBRARY MATERIALS AND
AMENDING THE FY 2004-2005 OPERATING BUDGET ADOPTED BY
ORDINANCE NO. 025878 TO INCREASE APPROPRIATIONS BY
$2,000; AND DECLARING AN EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That a $2,000 gift from Walmart is appropriated in the General Fund No.
1020 to purchase library materials and amending the FY 2004-2005 operating budget
adopted by Ordinance no. 025878 to increase appropriations by $2,000.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure on this the __ day of
,2004.
ATI'EST:
THE CI'I'YOF CORPUS CHRISTI
Armando Chapa
City Secretary
API~ROVED: This day of
Veroni¢~ Ocana$
As~i~tnnt C. ityA. tto..mey
for City Attorney
Samuel L. Neal, Jr.
Mayor
,2004:
082704 Walmart App Ordinance.doc
Corpus Christi, Texas
Day of
,2004
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set fodh 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 Charier 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 Chdsti
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
12
AGENDA MEMORANDUM
Date: September 14,2004
SUBJECT: South Texas Libraxy System
Technical Assistance Negotiated Gram for state fiscal year 2004-2005
AGENDA ITEMS:
a)
Resolution authorizing the City Manager or his designee to accept a grant in the
amount of $80,000 and to execute a conlract and all related documents with the
Texas State Library and Archives Commission to continue operation of the
Techaical Assistance Negotiated Gmat program located at the Corpus Christi
Pubhc Library_
b)
Ordinance appropriating $80,000 from the Texas State Library and Archives
Commission in the No.1068 Library G~nts Fund for a full-time computer repair
technician fur public libraries within th~ South Texas Library System; and
declaring aa emergency.
ISSUE:
The Texas State Library and Archives Commission designates and funds ten regional library
systems m Texas each fiscal year. Corpus Christi Public Library has been the Major Resource
Center for South Texas Library System since stale f~scal year 1971-72 and continues to be so
desigrm~ed m 2004-2005. Each regional library system is eligible to apply for a Technical
Assistance Negotiated Grant to aid public library staff in using and maintaining information
resource technology.
South Texas Lilxary System (STLS) provides supplementary services to its fifty-two member
libraries in a twenty-six county area of South Texas. The Technical Assistance Negotiated Grant
will provide technology support and training to those filly-two member libraries including
Corpus Christi Public Library, which is a fully participating member as well as the
administrative headquarters for South Texas Library System.
The contract will provide pemounel funds fur one full time staffmemher and associated costs for
telecommunications, equipment, professional services, travel, and supplies. The City will be
reimbursed $6,373 fur administering this grant; this indirect cost recovery is calculated at 14.56
percent of~h,-ies. No funding will be required or requested from the City. The grant period is
for September 1, 2004 through August 31,2005_ This grant reflects an increase of $1,100 over
last state risc. al year.
AGENDA MEMORANDUM (Cont.)
Technical Assistance Negotiated Grant 2004-2005
REQUIRED COUNCIL ACTION:
Contracts in excess of $25,000 and appropriation of funds require City Council approval
RECOMMENDATION:
Staffrecommends acceptance of grant and appropriation of funds.
Herb Canales
Director of Libraries
RESOLUTION
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT
A GRANT IN THE AMOUNT OF $80,000 AND TO EXECUTE A
CONTRACT AND ALL RELATED DOCUMENTS WITH THE TEXAS
STATE LIBRARY AND ARCHIVES COMMISSION TO CONTINUE
OPERATION OF THE TECHNICAL ASSISTANCE NEGOTIATED
GRANT PROGRAM LOCATED AT THE AT THE CORPUS CHRISTI
PUBLIC LIBRARY.
NOW, THEREFORE, 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 grant in the amount of $80,000 and to execute a contract and all related documents
with the Texas State Library and Archives Commission to continue operation of the
Technical Assistance Negotiated Grant program located at the Corpus Chdsti Public
Library.
A'I-rEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
i~_~v~ROVED: 14th day of September, 2004.
Veronica Oca~as
Assistant City Attorney
Samuel L. Neal, Jr.
Mayor
9.14.04 TANG gran[ resolution: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 OF $80,000 FROM THE TEXAS STATE
LIBRARY AND ARCHIVES COMMISSION IN THE NO. 1068 LIBRARY
GRANTS FUND FOR A FULL-TIME COMPUTER REPAIR TECHNICIAN
FOR PUBLIC LIBRARIES WITHIN THE SOUTH TEXAS LIBRARY
SYSTEM; AND DECLARING AN EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That a grant of $80,000 from the Texas State Library and Archives
Commission is appropriated in the No. 1068 Libraries Grant Fund for a full-time
computer repair technician for public libraries within the South Texas Library System.
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 14thday of September, 2004.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
APPROVED: This 14th day of September, 2004:
Assistant City Attorney
for City Attorney
091404 TANG Library App Ordinance.doc
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 Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
13
AGENDA MEMORANDUM
Date: September 14,20~4
SUBJECT: Corpus Christi Iuterlibrary Loan Referral Center Grant for state fiscal year
2004-2005
AGENDA ITEMS:
Resolution authorizing the City Manager or his designee to accept a grant in the
amount of $143,518 and to execute a contract and all related documents with the
Texas State Library and Archives Commission to continue operation of the
Interlibrary Loan Referral Cem~r located at the Corpus Christi Public Library.
Ordinance appropriating a grant of $143,518 from the Texas State Library and
Archives Commission in thc no. 1068 Library Grants Fund to continue operation
of the Imerlibrary Loan Center located at the Corpus Christi Public Library; and
declaring an emergency.
ISSUE:
The Texas State Library and Archives Commission designates and funds regional Interh3rmary
Loan Referral Centers each fiscal year. Corpus Christi Public Library has been a regional referral
center since state fiscal year 1967-68 and continues to be so designated in 2004-2005.
The purpose of Imerlihrary Loan is to facilitate the lending and borrowing of books and other
materials among libraries throughout the United States. Participating libraries in the 26 counties
of South Texas are assigned to mute their requests through this regional center.
The contract will provide personnel funds for three full time staff members, costs for use of the
computerized lending network, supplies, equipment maintenance, printing, postage, telephone,
and travel In ~dition, the City will receive $11,458 in indirect costs which is calculated al 14.56
percent of direct mlaqes. No funding will be required or requested from the City. The grant
period is for September 1, 2004 through August 31, 2005. This grant reflects an increase of
$3,019 or about 2% over last state fiscal year.
REQUIRED COUNCIL ACTION:
Contracts in excess of $25,000 and appropriation of funds require City Council approval.
RECOMMENDATION:
Staffrecommends acceptance of grant and appropriation of funds_
Herb Canales
Director of Lfbraries
RESOLUTION
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT
A GRANT IN THE AMOUNT OF $143,518 AND TO EXECUTE A
CONTRACT AND ALL RELATED DOCUMENTS WITH THE TEXAS
STATE LIBRARY AND ARCHIVES COMMISSION TO CONTINUE
OPERATION OF THE INTERLIBRARY LOAN REFERRAL CENTER
LOCATED AT THE CORPUS CHRISTI PUBLIC LIBRARY.
NOW, THEREFORE, 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 grant in the amount of $143,518 and to execute a contract and all related documents
with the Texas State Library and Archives Commission to continue operation of the
Intedibrary Loan Referral Center located at the Corpus Chdsti Public Library.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Assistant City Attorney
Samuel L. Neal, Jr.
Mayor
9.14.04 ILRS grant resolution 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 OF $14:3,518 FROM THE TEXAS STATE
LIBRARY AND ARCHIVES COMMISSION IN THE NO. 1068 LIBRARY
GRANTS FUND TO CONTINUE OPERATION OF THE INTERLIBRARY
LOAN CENTER LOCATED AT THE CORPUS CHRISTI PUBLIC
LIBRARY; AND DECLARING AN EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That a grant of $143,518 from the Texas State Library and Archives
Commission is appropriated in the No. 1068 Libraries Grant Fund to continue operation
of the Intedibrary Loan Center located at the Corpus Christi Public Library.
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 14th day of September, 2004.
ATTEST:
THE CITYOFCORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
APPROVED: This 1..4th day of September, 2004:
Veronica Ocat~as
Assistant City Attorney
for City Attorney
091404 ILL App Ordinance.doc
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,
Respec~ully,
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 Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scot1
14
AGENDA MEMORANDUM
Date: September 14, 2004
SUBJECT: South Texas Library System Grant for state fiscal year 2004-2005.
AGENDA ITEMS:
Resolution authorizing the City Manager or his designee to accept a grant inthe
amount of $ 707,709 and to execute a contract and all related documents with the
Texas State Library ~ Archives Commission to continue operation of the South
Texas Library System located at the Corpus Christi Public Library.
b)
Ordinance appropriating $ 707,709 from thc Texas State Library and Archives
Commi_qslon in the no. 1068 Library Ch-ants Fund to continue operation of the
South Texas Library System located at the Corpus Christi Public Library; and
declaring an emergency.
ISSUE:
The Texas Stale Libra~ and Archives Commission (TSLAC) designates and funds ten regional
library systems each fiscal year. Corpus Christi Public Library has been the Major Resource
Center for South Texas Library System (STLS) since 1971-72 and continues to be so designated
in state fiscal year 2004-2005.
The purpose of South Texas Library System is to provide supplemenlary and auxiliary services
to its 52 member libraries in a twenty-six county area of South Texas_ Corpus Christi Public
Library is both admini~anltive be-adquarters for STLS and a fully participating member of STLS_
The plan of service and budget are developed in consultation with: member librm'y
representatives; an advisory council of six laymen; the director of Corpus Christi Public
Libraries; and Texas State Library and Archives Commission. Current projects that will be
continued are: Administration, Collection Development, Consulting, Continuing Education,
Literacy, Networked Resources, Outreach Services, and Reference Backup.
The contract provides funds for six full-time staffmemhers, library materials, supplies,
equipment, telecommunications, travel, postage, printing, and professional services. Corpus
Christi Public Libraries w/Il receive $18,230 in h'brary materials and $1,000 in adult literacy
materials. In addition, the City will receive $39,004 in indirect costs calculated at 14.96 percent
of direct salaries. No funding will be required or requested from the City. The grant is fi-om
September 1, 2004 through August 31, 2005_ ~ grant reflects an increase of
$1,386 over last state fiscal year.
AGENDA MEMORANDUM (Cont.)
Somth Tex~ Library System Grant 2004-2005
REQUIRED COUNCIL ACTION:
Contracts in excess of $25,000 and appropriation of limd~ require City Cour~cil approval
RECOMMENDATION:
Staff'recommends m::ccp~ of grant and appropriation of funds.
Herb Canales
Director of Libraries
RESOLUTION
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT
A GRANT IN THE AMOUNT OF $707,709 AND TO EXECUTE A
CONTRACT AND ALL RELATED DOCUMENTS WITH THE TEXAS
STATE LIBRARY AND ARCHIVES COMMISSION TO CONTINUE
OPERATION OF THE SOUTH TEXAS LIBRARY SYSTEM LOCATED
AT THE AT THE CORPUS CHRISTI PUBLIC LIBRARY.
NOW, THEREFORE, 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 grant in the amount of $707,709 and to execute a contract and all related documents
with the Texas State Library and Archives Commission to continue operation of the
South Texas Library System located at the Corpus Christi Public Library.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
PR(~th ~a~ember, 2004.
Veron~i~ Oca~as
Assistant City Attorney
Samuel L. Neal, Jr.
Mayor
9.14.04 STLS gran[ resolution.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 OF $707,709 FROM THE TEXAS STATE
LIBRARY AND ARCHIVES COMMISSlONIN THE NO. 1068 LIBRARY
GRANTS FUND TO CONTINUE OPERATION OF THE SOUTH TEXAS
LIBRARY SYSTEM LOCATED AT THE CORPUS CHRISTI PUBLIC
LIBRARY;AND DECLARING AN EMERGENCY
BElT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That a grant of $707,709 from the Texas State Library and Archives
Commission is appropriated in the No. 1068 Libraries Grant Fund to continue operation
of the South Texas Library System located at the Corpus Christi Public Library
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 14~ day of September, 2004.
A'I-I'EST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: This 14~h day of September,
Assistant City Attorney
for City Attorney
Samuel L Neal, Jr.
Mayor
2004:
091404 STLS App Ordinance.doc
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 Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
15
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: September 14, 2004
AGENDA ITEM:
An ordinance appropriating $7,000 annual grant provided by cable operators in the General
Fund Reserve for access studio equipment.
ISSUE: Section 3.2 of the Contract provides for payment of $7,000 to NuPAC, Inc. for
replacement and repair of the public access equipment. This grant is funded annually
by the cable operators as established in the cable franchise agreements.
REQUIRED COUNCIL ACTION: Passage of the ordinance to appropriate the $7,000
annual grant provided by cable operators.
PREVIOUS COUNCIL ACTION:
The City Council approved franchise agreements with Texas Cable Partners, L.P. and
Clearsource Inc. (Grande Communications) in June 2002.
FUNDING: Funding is available through the General Fund Reserve.
CONCLUSION AND RECOMMENDATION: Approval of the ordinance as presented.
Susan Cable
Director, E-Government Services
ORDINANCE
APPROPRIATING $7,000 ANNUAL GRANT PROVIDED BY
CABLE OPERATORS IN THE GENERAL FUND RESERVE FOR
ACCESS STUDIO EQUIPMENT; AND DECLARING AN
EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That $7,000 annual grant provided by cable operators is
appropriated in the General Fund reserve for access studio equipment.
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 OFCORPUS CHRISTI
Armando Chapa
City Secretary
Approved: September 10, 2004
Lisa Aguilar'~~1
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,
at the present meeting of the City Council.
Respectfully, Respectfully,
or
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 Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
16
AGENDA MEMORANDUM
City Council Action Date: September 14, 2004
AGENDA ITEM:
Item A~ A Resolutio~ authorizing the City Manager, or the City Manager's designee, to
accept a grant from the Texas Department of Health authorized in the amount of
$640,245 for bioterrodsm preparedness
Item B: An Ordinance appropriating a grant in the amount of $640,245 in the No. 1066
health grant fund from the Texas Department of Health for bioterrorism preparedness;
and declaring an emergency
ISSUE: The Texas Department of State Health Services has awarded the Corpus Chdsti -
Nueces County Public Health District a grant in the amount of $640,245 for the pedod of
September 1, 2004 through August 31, 2005. Funding is to be used to conduct disease
surveillance, to conduct public health preparedness activities, develop h~7~rd response
plans, enhance abilities to rapidly detect and control unusual outbreaks of illness, to
conduct training assessments and provide training to key populations, and to allow for
rapid dissemination of health advisories to the public and the medical community.
The attached budget consists of $640,245 in financial assistance covering personnel,
fringe benefits, travel, and supply costs.
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.
(Department Head Signature)
BACKGROUND INFORMATION
This item initiates a contract with the Texas Department of State Health Services to assist
in upgrading local public health preparedness and response to bioterrorism, outbreaks of
infectious disease, and other public health threats and emergencies. The Texas
Department of State Health Services has provided grant funding to the Health Distdct to
support the Health District's bioten'odsm activities since FY02-O3, though previously the
grant has been administered through Nueces County. The contract requires no matching
funds. The contract period is from 911104- 8/31105, and funds are being awarded to cover
personnel, fringe benefits, travel, supplies, and additional funds to update equipment.
DEPARTMENT OF STATE HEALTH SERVICES
1100 WEST 49TH STREET
AUSTIN, TEXAS 78756-3199
STATE OF TEXAS
COUNTY OF TRAVIS
DSHS Document No. 7460005741 2(105
Contract Chaage No~ice No. 08
The DeparUnent of Slate Health Services, hereinafter refet-wd to as RECEIVING AGENCY, did heretofore enter ~ a cona'act in
writing with CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY) hereiaa/~r refern:d to as
PERFORMING AGENCY. The parties thereto now desire to amend such eonS'act auachmem(s) as follows:
SUMMARY OF TRANSACTION:
ATt NO. 07 : OPHP - BIOTERRORISM PREPAREDNESS
All terms and conditions not laereby amended remain in full force and effect.
EXECUTED IN DUPLICATE ORIGINALS ON THE DATES SHOWN.
CORPUS CHRISTI (CITY OF)
Authoriznd Cona'acting Eatity (type above if different
from PERFORMING AGENCY) for and in behalf of:
PERFORMIING AGENCY:
CORPUS CltRISTI-NUF~ES COUNTY PUBLIC
HEALTH DI~-~HICT (CITY)
By:
(Si~mre o£ per,on authodz~t to s~n)
(Name and Title)
Dare:
RECOMMENDED:
By:
(PERFORMING AGENCY Director, if different
from person auflaorized to sign contract
RECEIVING AGENCY:
DEPARTMENT OF STATE HEALTH SERVICES
B~sign) ~
Bob Burne~, _D~Lr~tor
Procurement and Contracting Services Division
(Name and Title)
CE PCSD - Rev. 6~)4
Cover Page I
DETAILS OF ATTACHMENTS
Ali/ DSHS Program ID/ Tern Financial Assistance Direct Total Amount
Amd DSHS Purchase Assislance (DSHS Share)
No. Order Number Begin End Source of Amount
Funds*
TB/PC 01/01/04 12/31/04 93.116 91,523.00 0.00 91,523.00
01 00000)1621
IMM/LOCALS 01/01/04 12/31/04 State 93.268 144,350.00 0.00 144,350.00
02B 000(11301760
DIAB/CDSP 07/01/04 03/29/05 93.988 89,010.00 0.00 89,010.00
03 01XIO~2261
04 TB/PC 09101/04 08/31/05 State 149,797.00 0.00 14%797.00
C038605000
05 HIV/SURV 09/01/04 08/31/05 39.716.00 0.00 39,716.00
C039131000
06 OPHP/LPHS 09/01/04 08/31/05 222,333.00 0.00 222,333.00
C039285000
07 OPHP/BIOTERR 09/01/04 08/31/05 93.283 640,245.00 0.00 640,245.00
0000300752
DSHS Document No.7460005741 2005 Totals
$1,376,974.00 $ 0 00 $1,376,974.00
Change No. 08
*Federal ftmds are indicated by a number from the Catalog of Federal Domestic Assistance (CFDA), if applicable. REFER TO
BUDGET SECTION OF ANY ZERO AMOUNT ATTACHMENT FOR DETAILS.
Cover Page 2
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S
DESIGNEE, TO ACCEPT GRANT FROM THE TEXAS DEPARTMENT
OF HEALTH AUTHORIZED IN THE AMOUNT OF $640,245 FOR
BIOTERRORISM PREPAREDNESS
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 grant from the Texas Department of Health in the amount of $640.245 for bioterrorism
preparedness.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: September 9, 2004
Lisa Aguilar U
Assistant City Attorney
for City Attorney
Samuel L. Neal, Jr.
Mayor
Sep 2004 TDH~ioterrorism.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 $640,245 IN
THE NO. 1066 HEALTH GRANT FUND FROM THE TEXAS
DEPARTMENT OF HEALTH FOR BIOTERRORISM
PREPAREDNESS; 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 $640,245 is appropriated in the No.
1066 Health Grant Fund from the Texas Department of Health for bioterrorism
preparedness.
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.
ATDEST
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Approved: September 9, 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 Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
17
CITY COUNCIL
AGENDA MEMORANDUM
re: Se )tember 14, 2004
Motion authorizing the City Manager or his designee to execute Subrecipient
agreements for funds provided from the FY2004 Community Development Block
Grant (CDBG) Program and Emergency Shelter Granl (ESG) Program.
CDBG Proclram:
Harbor Playhouse Company - $50,000 for replacement of all roof systems
on the building with the exception of the roof over the office located at 1
Bayfront Park.
ESG Proclram: For homeless activities
The Salvation Army - $15,000 for the provision of essential services
including services concerned with employment, physical health and
education of the homeless, and payment of maintenance and operations that
includes rent, insurance, utilities and furnishings.
ISSUE: Subrecipient agreements with nonprofit organizations who were awarded FY2004
Community Development Block Grant Program Funds and Emergency Shelter Grant
Funds need to be approved by the City Council.
PRIOR: On April 27, 2004, the City Council adopted its FY2004 Consolidated Annual
Action Plan for Community Planning and Development Programs that includes $4,105,000
for the CDBG Program, $800,000 of Program Income, $547,567 of reprogrammed funds
and $154,329 for the ESG Program and $1,848,127 for HOME Investment Partnership
(HOME) Program totaling $7,455,023 (025738).
REQUIRED COUNCIL ACTION: Authorize the City Manager or his designee to execute
FY2004 CDBG Agreement with the Harbor Playhouse Company and FY2004 ESG
agreement with The Salvation Army.
FUNDING: FY2004 CDBG and ESG funds. The effective date for the grant is August 1,
2004, or as soon as HUD officially releases FY2004 funding.
RECOMMENDATION: That the City Manager or his designee be authorized to execute
Subrecipient agreements for funds provided from the F,,Y2004 Community Development
Block Grant (CDBG)Program and FY2004 Em~Sh~ESG) Program.
~'""~on~than V~/ag'n~, Acting Director
ADDITIONAL SUPPORT MATERIAL
Background Information X
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
BACKGROUND: On April 27, 2004, the City Council adopted its FY2004 Consolidated
^nnual Action Plan for Community Planning and Development Programs totaling
$7,455,023 that includes $5,452,567 for the CDBG Program and $154,329 for the ESG
Program and $1,848,127 Home Investment Partnership (HOME) Program (025738).
Subsequently, Subrecipient Agreements with nonprofit agencies and the City, as part of the
FY2004 program funding, will be forwarded to the City Council for action with the following
respective agencies.
The effective date for the grant is August 1, 2004, or as soon as HUD officially releases
FY2004 funding.
FY2004 CDBG FUNDING
AGENDA ITEM: la) Harbor Playhouse Company to provideS50,000 for replacement of all
roof systems on the building with the exception of the roof over the office. With the
reduction of funding request, the scope of work may be lessened to accommodate their
approved funding allocation.
FY2004 ESG FUNDING
AGENDA ITEM: lb) The Salvation Army to provide $15,000 for the provision of essential
services including services concerned with employment, physical health and education of
the homeless, and payment of maintenance and operations that includes rent, insurance,
utilities and furnishings,
18
C I'I-Y COUNCIL
AGENDA MEMORANDUM
September 14, 2004
SUBJECT: Rincon Bayou Diversion Pipeline (Project No. 8416)
Acquisition of Parcels IA,lB,lC, and 1D
AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a Utility
Easement, Surface Site Easement, and Access Easement instrument with R. Bryan Gulley,
for Parcels 1A,1B,1C, and 1 D, in the total amount of $85,000, necessary for the Rincon
Bayou Diversion Pipeline, Project ~-8416, and for other municipal purposes.
ISSUE: Since 1991, the City has participated in an effort to divert freshwater to the Nueces
Estuary in order to reduce the salinity levels of its marshes. Presently, the City is working
closely with the Texas Commission on Environmental Quality (TCEQ) on implementing an
on-going monitoring and assessment program which will instill a management program for
additional inflows into the Nueces Estuary. These additional inflows will be provided via
the Rincon Bayou Diversion Pipeline which will dived water from the upstream side of the
saltwater dam located at LaBonte Park, flowing northeastward into the Rincon Bayou.
There is a current need for five utility easements and one pumping plant surface site
easement for construction of this project. In addition, access easements are needed which
ovedap the existing 60 foot wide watedroad easement owned by the San Patricio Municipal
Water Distdct (SPMWD). The City will enter into a shared maintenance agreement under
separate instrument with SPMWD for maintenance of the existing road and bridge. City
Land Acquisition staff has acquired the needed easements from Dr. R. Bryan Guffey in the
amount of $85,000. Amounts exceeding $25,000 require City Council approval.
FUNDING: Water CIP 550701-4083-00000-180226
RECOMMENDATION; Approval of the motion as presented.
~'Zl~/~ngel R. Escobar, P. E.
Director of Engineering Services
Attachments:
Exhibit A. Background Information
Exhibit B. Prior Council Action
Exhibit C. Parcel Map
~\CLSTRI_USERS2 SERVERtUSERS2\HOME~EUSEBIOG\GEN~Agenda Items~°,incon Bayou Pipeline Dlversion~Agonda
Memorandum.doc
BACKGROUNDINFORMATION
SUBJECT: Rincon Bayou Diversion Pipeline (Project #-8416)
Acquisition of Parcels IA,lB,lC, and ID
PRIOR COUNCIL ACTION: See Exhibit B
FUTURE COUNCIL ACTION: Council will be required to:
1. authorize contracts and expenditure of funds for Environmental Studies from the
Water Department's FY 2003-04 adopted Operating Budget which exceed $25,000
and;
2. approve amendments to address future biological monitoring for the Rincon
Diversion project and;
OVERVIEW:
Back~lround: The City's overall strategy for long-term water supply includes the
optimization of the existing freshwater resources contained in the Nueces River Basin
comprised of Choke Canyon Dam and Lake Corpus Chdsti. In an effort to reduce
freshwater releases, the City initiated a pilot program in 1994 which released treated
effluent from the Allison Wastewater Treatment Plant into Nueces Bay. The Cib/s second
project, the Rincon Bayou Diversion, enabled water flows through the Nueces River
overflow channel into the upper section of estuary called the Rincon Bayou. In the ongoing
effort, biological and chemical evaluations are presently being conducted by the University
of Texas Marine Sciences Institute (UTMSI) thai will document the effects of wastewater
effluent and freshwater diversions into the Rincon Bayou Delta and Nueces Bay.
Presently, the City is working closely with the Texas Commission on Environmental Quality
(TCEQ) on implementing an on-going monitoring and assessment program which will instill
a management program for additional inflows into the Nueces Estuary_ These additional
inflows will be provided via the Rincen Bayou Diversion Pipeline, which will divert water
from the upstream side of the saltwater dam located at Labonte Park, flowing
northeastward into the Rincon Bayou. There is a current need for five utility easements and
one pumping plant surface-site easement [or construction of this project. In addition,
access easements are needed which overlap the existing 60 foot wide water/road
easement owned by the San Patdcio Municipal Water District (SPMWD). The City will
enter into a shared maintenance agreement under separate instrument with SPMWD for
maintenance of the existing road and bddge. One Utility Easement, Parcel 2, has already
been acquired from Flint Hills Resources (Koch). Two other easements will be acquired
from lands acquired from the Coastal Bend Bays and Estuaries Program. All the
easements required for this project are located on the west side of Interstate 37 and
Labonte Park as shown on the attached map marked Exhibit C.
Easement Descriptions: There are four easements required for this project that are on
lands owned by Dr. R. Bryan Gulley. There are two 30 ft. wide Utility Easements needed
for the installation of the 60-in. waterline, one Surface Site Easement for construction of
the water pumping plant, and a 60 ft. wide Access Easement which will be used initially as
Exhibit A
Page 1 of 2
a construction easement and upon completion of the pumping plant, will become a
permanent dght of way access to the City's pumping plant site. This 60 ft. wide easement
extends from Dr. Gulley's entrance gate at IH37, southward across Gulley's and Koch's
land to the SPMWD water pumping plant located along the Nueces River, The City's 30
ft. wide utility easement will be west of and adjacent to SPWMD's 60-ft. wide easement.
The City's pumping plant will also be constructed south of and adjacent to the SPMWD
pumping plant site. Below is a table describing the easement types, sizes and areas:
Parcel #
lA
lB
1C
1D
Description
30' wide Utility Easement (1.092 ac.) & 30' wide Temp. Construction Easement
(.22 ac.)
30' wide Utility Easement (1 .,541 ac.) & 30' wide Temp. Construction Easement
(1.53 ac.)
Surface Site Easement 156'x 200' or.717 acres
Access Easement, entire 60' width of SPMWD easement (area not available)
The easements are located on a 3,637.503 acre tract owned by Dr. Gulley, all out of the
Victodano Tares & Pedro Villarreal Survey, Abstract No. 32, in San Patdcio County,
Texas. The easement instruments will be filed in San Patdcio County. Texas.
Parcel Acquisition: Initially, the City Land Acquisition staff presented an offer for the
easement dghts to the landowner, Dr. R. Bryan Gulley, based on an appraisal made by
Thomas Dorsey, MAI in the amount of $2,700. Mr. Dorsey's used a pro-rata land value
approach of $600 per acre. Mr. Dorsey did not take into account the sand and gravel
mining rights involved and potential damages resulting from loss of these rights in the
easement areas. In addition, the initial appraisal did not contain the access easement
rights, but only contained the two Utility Easements and the pumping plant site.
Subsequently, an access easement overlapping SPMWD's right-of-way was later added
by the City to allow access on an existing improved road and to prevent driving on the
City's proposed 60-inch waterline which is to be constructed in their 30 foot wide
easement.
Dr. Gulley's presented the City a counter offer of $198,548 for the easement rights and
mining losses incurred in the easement areas. City staff examined bodng tests and
consulted with experts in the field of sand and gravel mining and determined potential
losses were evident and could be produced in condemnation court. An amount of $85,000
was agreed to by both padies for all the easement rights involved. A resolution was
previously passed on August 26, 2003 to exercise eminent domain for acquisition of these
easements from Dr. Gulley. It is in the City's best interest to settle with Dr. Gulley at this
amount and proceed with this project that is quickly approaching a TCEQ deadline.
Amounts exceeding $25,000 require City Council approval. This acquisition does not
require closing by a title company.
H:\HOMb~EUSEBIOG\GEN~Agenda Iterns\Rincon Bayou Pipeline Diversion\Background.doc
Exhibit A
Paee 2 of 2
PRIOR COUNCIL ACTION
1. Apdl, 1991 and April 1992. Approval of participation with the Port Authority, Corpus
Chdsti Board of Trade, and the Texas Water Development Board (including partial
funding) in the Nueces Estuary Regional Wastewater Planning Study, Phase I in
Apdl, 1991 ($25,000 of $150,000) and Phase II in April, 1992 ($79,000 of
$258,000).
4
January, 1994. Approval of the Capital Improvement Program which included an
Effluent Return Flows Pilot Project to evaluate the potential for meeting the
requirement for water releases into the Bay Estuaries using wastewater diversion in
lieu of freshwater releases.
March 1, 1994. Award of a contract in the amount of$117,500 to the joint venture
of Urban Engineering and Govind & Associates for engineering services associated
with the construction of an Effluent Diversion Demonstration Project (M94-051).
4. September 26, 1995. Acceptance of an easement for a 28.109 acre effluent
diversion site, a 1.019 acre pipeline easement, and a 25 foot wide temporary
construction easement from Mr. O.S. Wyatt in connection with the Effluent Diversion
Demonstration Project in retum for the construction of a 2.5 inch water pipeline
valued at $48,500 for livestock watering purposes (M95-284).
5. October 15, 1996. Award of a contract in the amount of $18,850 to the Conrad
Blucher Institute and the Center for Coastal Studies at Texas A&M University -
Corpus Chdsti for continuous salinity monitoring in the Nueces Bay (M96-332
6. November 19, 1996. Award of a contract for consulting services with the Marine
Sciences Institute of the University of Texas at Austin for Biological Monitoring of the
Effects of Wastewater Effluent Diversions on Primary and Secondary Production in
the Rincon Delta and Nueces Bay in the amount of $70,000 (M96-348).
7. April 8, 1998. Acceptance of an Access Easement valued at $15,000 from Mr. John
S. McGregor for access over a 20-foot wide road for the purpose of constructing and
operating a dispersal facility (M97-73).
8. April 8, 1998. Award of contract in the amount of $825,621 with West Oaks
Constructors, Inc. for construction of the Allison WWTP/Nueces Estuary Effluent
Diversion Demonstration Project.
9. November 24, 1998. Award of contracts for consulting services:
a. in the amount of $52,500 with the Center for Coastal Studies (CCS) for
Ecological/Biological Monitoring of Treated Wastewater Diversions in the Rincon
Delta and Nueces Bay (M98-398);
b. in the amount of $90,500 with the Conrad Blucher Institute (CBI) for On-Going
Salinity Monitoring in the Rincon Delta and Nueces Bay (M98-399); and
[ Exhibit B
Page 1 of 3
10.
11.
12.
13.
14.
in the amount of $84,500 with the University of Texas Madne Sciences Effluent
Diversions on Primary and Secondary Production in the Rincon Delta and
Nueces Bay. Institute (UTMSI) for Biological Monitoring of the Effects of
Wastewater (M98-400).
September 28, 1999. Award of Amendment No. 1 for consulting services:
a. in the amount of $55,500 with the Center for Coastal Studies (CCS) for
Ecological/Biological Monitoring of Treated Wastewater Diversions in the
Rincon Delta and Nueces Bay (M99-337);
b. in the amount of $85,784 with the Conrad Blucher Institute (CBI) for On-Going
Salinity Monitoring in the Rincon Delta and Nueces Bay (M99-338); and
c. in the amount of $93,484 with the University of Texas Marine Sciences Effluent
Diversions on Primary and Secondary Production in the Rincon Delta and
Nueces Bay. Institute (UTMSI) for Biological Monitoring of the Effects of
Wastewater (M99-339).
October 10, 2000.
a. Motion authorizing the City Manager, or his designee, to execute Amendment No.
2 to the contract for consulting services with the Center for Coastal Studies in the
amount of $53,672 for Ecological/Biological Monitoring of Treated Wastewater
Diversions in the Rincon Delta and Nueces Bay (M2000-360).
b. Motion authorizing the City Manager, or his designee, to execute Amendment No.
2 to the contract for consulting services with the Conrad Blucher Institute in the
amount of $86,286 for On-Going Salinity Monitoring in the Rincon Delta and Nueces
Bay (M2000-361).
c. Motion authorizing the City Manager, or his designee, to execute Amendment No.
2 to the contract for consulting services with the University of Texas Madne Sciences
Institute in the amount of $110,953 for Biological Monitoring of the Effects of
Wastewater Effluent Diversions on Primary and Secondary Production in the Rincon
Delta and Nueces Bay (M2000-362).
Motion authorizing the City Manager, or his designee, to execute a contract for
consulting services with Alan Plummer and Associates, Inc., of Austin, Texas, in the
amount of $45,920 for Analysis, Evaluation and Report Preparation required by Texas
Natural Resource Conservation Commission discharge permit related [o the
Wastewater Effluent Diversions in the Rincon Delta and Nueces Bay (M2000-363).
March 13, 2001 - Motion authorizing the City Manager, or his designee, to execute
an engineering services contract in the amount of $40,000 with HDR Engineering for
services related to the Re-Opening of the Rincon Overflow Channel and the
construction of a pipeline from the Calallen Reservoir to the Nueces Delta for a pdce
to be negotiated (M2001-106).
July 17, 2001 - Motion authorizing the City Manager, or his designee, to execute a
construction contract in the amount of $74,300 with Gallager Construction for the
Rincon Diversion Project - Nueces Overflow Channel (M2001-273).
I Exhibit B I
Page 2 of 3
15.
October 23, 2001 - Motion authorizing the City Manager, or his designee, to
execute a consulting contract in the amount of $104,500 with Alan Plummer
Associates, Inc., for Nueces Delta Monitoring Program, Program Coordination, and
Report Integration Services (Rincon Bayou Diversions) (M2001-402).
16.
November 13,2001 -
a. Motion authorizing the City Manager, or his designee, to execute Amendment No.
3 to the contract for consulting services with the Center for Coastal Studies in the
amount of $71,170 for Ecological/Biological Monitoring of Treated Wastewater
Diversions in the Rincon Delta and Nueces Bay (M2001-421).
b. Motion authorizing the City Manager, or his designee, to execute Amendment No.
3 to the contract for consulting services with the Conrad Blucher Institute in the
amount of $87,470 for On-Going Salinity Monitoring in the Rincon Delta and
Nueces Bay (M2001-422).
c. Motion authorizing the City Manager, or his designee, to execute Amendment No.
3 to the contract for consulting services with the University of Texas Madne
Sciences Institute in the amount of $173,664 for Biological Monitoring of the
Effects of Wastewater Effluent Diversions on Primary and Secondary Production
in the Rincon Delta and Nueces Bay (M2001-423).
17.
June 25, 2002 - Motion authorizing the City Manager, or his designee, to execute a
contract and to ratify services provided by the University of Texas Marine Sciences
Institute, in an amount not to exceed $118,192 for biological monitoring services
associated with the Rincon Bayou Diversion Project. (M2002-179)
18.
November 19, 2002 - Motion authorizing the City Manager of his designee to execute
Amendment No. 1 to a contract with the University of Texas Madne Sciences
Institute, in an amount not to exceed $165,748 for biological services associated with
the Rincon Bayou Diversion Project. (M2002-398)
19. May 13, 2003 - Resolution recognizing the public necessity of acquiring waterline,
surface site and construction easements for the Rincon Bayou Diversion Pipeline,
Project # 8416, for a water pipeline and pumping station in connection with the project;
and authorizing acquisition by means of negotiations or eminent domain proceedings
by the City of Corpus Christi or its agents in acquiring the necessary easements.
(Resolution No. 025283)
H:~HOME~EUSEBIOG~GEN~,~genda ffems\Rinc~n Bayou Pipeline Diversion,'dot Council Action.doc
· Exhibit
Page 3 of
60 in. ~ .~line
Rlncon
R. Bryan Gulley, et al
3637 ac.
Flint Hilfi (Koch)
255 ac.
SAN PATRICIO COUNTY
Parcel lC - .717 ac.
Pumping Plant Site
I~JECES C[]UNTY
Pm't<
Rincon Bayou Diversion Pipeline
( Project #8416)
City Council Exhibit
Deparm~ent of Engineering Services
Property & Land Acq. Div.
EXI:HRIT C
City of Corpus ,Christi, Texas
Date: 05-08-03
19
CITY COUNCIL
AGENDA MEMORANDUM
September 14, 2004
AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a Utility
Easement instrument with Agnes L. Polasek, et al, for Parcel 3, in the total amount of
$78,800 plus $1,500 in closing costs, necessary for the Buckingham Estates Lift Station
& Force Main Diversion Project (#7117) and for other municipal purposes
ISSUE: Acquisition of utility and construction easements as shown on Exhibit C are near
completion. These easements are necessary for a new force main pipeline and effluent
pipeline. This project also involves rahab of the existing Buckingham Lift Station located
at the west comer of the intersection of South Staples and Yorktown Boulevard. On
February 22, 2000, City Council approved an engineering services contract with Coym,
Rehmet, & Gutierrez Engineering, Inc. for design and permitting of the project. Parcel 3
has been acquired from the landowners for the appraisal amount of $78,800. Amounts
exceeding $25,000 require City Council approval.
FUNDING: Wastewater CIP 550701-4500-00000-150360
RECOMMENDATION: Approval of the motion as presented.
~:~Angel R. Escobar, P. E.
'-Director of Engineering Services
Attachments:
Exhibit A. Background Information
Exhibit B. Route Map
Exhibit C. Parcel Location Map
\\CLSTRI_USERS2 SERVER\USERS2~-IOME~EUS~BIOG\GENWgenda ILems~Buc~ingharn Lilt Stat]on & Foroe Maln.po[asek~Agenda
Memorandum.doc
BACKGROUNDINFORMATION
SUBJECT: Buckingham Estates Lift Station & Force Main Diversion (Project #7117)
Acquisition of Parcel 3
PRIOR COUNCIL ACTION:
1. February 22, 2000 - Motion authorizing the City Manager, or his designee, to
execute an engineering services contract with Coym, Rehmet, Gutierrez
Engineering, Inc. in the amount of $37,306 for engineering services associated with
the Buckingham Estates Lift Station project. (M2000-050)
2. January 15, 2002 - Approval of the FY 2001-02 Capital improvement Budget
(Ordinance No. 024730).
3. ApHI 16, 2002 - Motion authorizing the City Manager of his designee to execute
Amendment No. 1 to the engineering services contract with Coym, Rehmet &
Gutierrez Engineering, Inc. in the amount of $299,040 for the Buckingham Estates
Lift Station Project #7117. (Motion No. M2002-101)
PRIOR ADMINISTRATIVE ACTION: None
FUTURE COUNCIL ACTION: Authorize construction contract(s) and expenditures for the
upgrade of the Buckingham Estates Lift Station and the pipeline installations.
PROJECT BACKGROUND:
This project involves the rahab of the Buckingham Estates Lift Station located at the west
comer of the intersection of South Staples and Yorktown Boulevard. The curTent lift station
does not have adequate reserve pump capacity and must be upgraded to accommodate
growth on the south side o[ the City. In addition, the project will include the construction of
an 18" diameter PVC force main line along an alignment shown as Route 2 on the attached
Exhibit B. A 16" PVC effluent line from the Oso Wastewater Treatment Plant will also be
installed alongside the force main. It is necessary to acquire 17 utility and construction
easements to complete the construction of the pipelines.
Parcel Acquisiton: City staff presented a formal offer for the appraised value of $78,800
to the fourteen landowners having ownership interests in this property. The appraisal was
done by Amedcan Appraisers, Inc., Sidney H. Smith, MAI. The landowners accepted the
City's offer and executed a Utility Easement.
Easement Description: This 10-foot wide Utility Easement extends from the northeast
comer of S. Staples Street and Yorktown Boulevard, southeasterly for 2,147 feet as shown
on the attached Exhibit C. Along with the Utility Easement is a 30-foot wide Temporary
Construction Easement that extends the full length of the Utility EasemenL Both
easements are necessary for the force main and effluent lines. The land is curreml¥ zoned
8-4, General Business District. This is the last parcel to be acquired and also the longest
o1: the project. Because of the various owners of record, it was decided by Cib/ staff to
acquire a title policy for the easement. This parcel will require closing at First American
Title Company located at 4518 Everhart Road, Corpus Chdsti, Texas.
Exhibit A
, \home~jerProjec~.\c~c~it~\em7117.d~g
N
BUCKINGHAM LIFT
STATION
VICINITY PAP
CITY PROJECT # 7117 NOr rO SC4LE
BUCKINGHAM ESTATES LIFT STATION
"PREFERRED ROUTE (2)"
CITY OF CORPUS CHRISTI, TEXAS
Exhibit B
CITY COUNCIL EXHIBIT
DEPARTMENT OF ENGINEERING SERVICES
PAGE: I of 1
DATE: 1 I/I 1/2003
~home\l&3jorPro~e=l~councilexI~i[s~exh7117a dwc~
N
ABcEL LOCATION
LOCATION MAP
NO)' TO SC-4LE
N
PARCEL 3
CITY PROJECT # 7117
VICINITY /~tAP
NOT ~ SC. ALE
EXHIBIT C '
BUCKINGHAM LIFT STATION
AND FORCE MAIN- PARCEL 3
CITY OF CORPUS CHRISTI, T~XA~
CITY COUNCIL EXHIBIT
DEPARTM£NT OF ENGIN£ERING SERVICES
PAGE: 1 Of 1
DA~: 09/14/2004
20
AGENDA MEMORANDUM
City Council Action Date: September 14, 2004
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to execute Change Order No. 9 to
the contract with Holloman Corporation of Converse, Texas in the amount of $70,971.10
for Kostoryz Lift Station and Force Mains project to decommission offsite Cabaniss and
Crestmont lift stations and convert the offsite temporary force main into a gravity line.
ISSUE: With the near completion of the Kostoryz Lift Station and Force Main project,
additional off-site work is required to decommission two lift stations and convert a gravity
line. The scope of the additional work could be completed in a more cost effective and
timely manned if performed by the Contractor rather than City crews.
FUNDING: Funds are available for this project through the FY 03-04 Wastewater Capital
Improvement Program budget.
CONCLUSION AND RECOMMENDATION: Staff recommends approval of the motion as
presented.
~-oster Crowell
Director of Wastewater
r'
Director of Engineering Services
Additional Sul~l~ort Material:
Exhibit "A" Background Information
Exhibit "B" Change Order Summary
Exhibit"C" Location Map
BACKGROUNDINFORMATION
SUBJECT: Kostoryz Lift Station and Fome Mains (Project No. 7109)
PRIOR COUNCIL ACTION:
1. Auaust 18, 1998 - Motion authorizing the City Manager, or his designee, to execute
a Contract for Engineering Services with Goldston Engineering, Inc. for a total fee
not to exceed $187,800 for the (a) Kostoryz Road Utilities Adjustments from Holly
Road to Saratoga Boulevard; (b) Kostoryz Road from South Padre Island Drive to
Holly Road Drainage Improvements Study; and (c) Lift Station Improvements and
Carolyn Heights Diversion to Greenwood Wastewater Treatment Plant (Motion No.
M98-284).
2. October 17, 2000 - Motion authorizing the City Manager, or his designee, to
execute Amendment No. I for Stage 2 services to the Contract for Engineering
Services in the amount of $565,865, for a total re-stated fee of $753,665, with
Goldston Engineering, Inc. for Lift Station Improvements and Carolyn Heights
Diversion to Greenwood Wastewater Treatment Plant (Motion No. M2000-373).
3. June 10, 2003 - Motion authorizing the City Manager, or his designee, to award a
construction contract in the amount of $1,841,249.88 with Holloman Corporation for
Kostoryz Lift Station and Force Mains.
4. February 10, 2004 - Approval of the FY 2003-2004 Capital Improvement Budget for
$173,624,300 (Ordinance No. 025647).
PRIOR ADMINISTRATIVE ACTION:
1. July 16, 2001 - Executed Amendment No. 2 to the Contract for Engineering
Services with Goldston Engineering, Inc. [or a total fee of $2,000, for a total re-
stated fee of $755,665.
2. May 13, 2003 - Executed Amendment No. 3 to the Contract for Engineering
Services with Goldston Engineering, inc. for a total fee of $8,100, for a total re-
stated fee of $763,765.
FUTURE COUNCIL ACTION: Approval of one (1) required construction contract.
BACKGROUND INFORMATION: A number of Storm Water and Wastewater projects were
approved by the City Council in the 1998 Capital Improvement Program. These projects
address needed improvements and enhancements to the City's basic infrastructure
components. Several of these interrelated projects involved work in the same general area
of the City; therefore, they were grouped together into one overall project. This project
area generally included Kostoryz Road from South Padre Island Drive to Saratoga
Boulevard and scheduled utility improvements from the Carolyn Heights area along
Saratoga Boulevard to the Greenwood Wastewater Treatment Plant. The projects involved
coordination with the reconstruction of Kostoryz Road improvements from Holly Road to
Saratoga Boulevard that was done by the Texas Department of Transportation.
Page 1 of 3
Upon completion of the Lift Station Improvements and Carolyn Heights Diversion to
Greenwood Wastewater Treatment Plant, 4 ¼ million gallons of wastewater flow will be
diverted from the Oso Wastewater Treatment Plant to the Greenwood Wastewater
Treatment Plant. This will provide relief to the Oso plant while the Greenwood plant can
easily accommodate the additional flows. Upon recommendation of the Mayor's
Committee on Major Projects this project is being divided into three smaller projects to
increase interest and opportunity for local contractors.
Project No. 1 - 30-Inch Gravity Line Greenwood Drive to Richter Ditch - This is
the first of three projects that will lead to the elimination of two lift stations
(Crestmont, Yellow Rose) and the replacement of the Kostoryz lift station. This
project includes construction of a gravity line from the Kostoryz Lift Station towards
Ayers Street and Richter Ditch and along Saratoga to intercept flows and provide
future gravity service for property along Saratoga. This project is a necessary
component of Phase 1 of the Wastewater Facilities Implementation Plan. Garver
Construction is the contractor for this project and as of July 2004, this project was
95% complete. The projected completion date is October 2004.
Project No. 2 - 30-inch and '18-inch Gravity Lines Kostoryz Road to Waterloo
Drive - This project will decommission the Carolyn Heights lift station and divert the
flow from the Sacky lift station from the Oso Wastewater Treatment Plant to the
Greenwood Treatment Plant. The contractor for this project is S.J. Louis and as of
July 2004, this project was 73% complete. The projected completion date is
November 2004.
Project No. 3 - Kostoryz Lift Station and Force Main Improvements - Upon
completion of this project, a new lift station will be able to serve an area roughly
bounded by S.P.I.D. to the north, Carroll Lane to the east, Cabaniss Parkway to the
South and Ayers Street to the west. It will pump sewage from this service area to a
30" gravity line which will then convey the flow to the Greenwood Wastewater
Treatment Plant. This new lift station is much deeper than an existing lift station on
site. This will allow three (3) existing lift stations to be decommissioned by taking
inflow by gravity lines rather than having to pump. This will save the City the electric
costs associated with running electric pumps 24 hours a day and the maintenance
costs associated with the maintenance of these three facilities. Holloman
Corporation is the contractor for this project and as of July 2004, the project was
85% complete. The projected completion date is December 2004.
CHANGE ORDER DESCRIPTION: Two of the three lift stations earmarked for
decommissioning ("Crestmont" and "Cabaniss") were impacted by a year 2000 project
which saw the relocation and deepening of gravity sewer lines along Kostoryz Road in
order to make room for roadway widening improvements there. At that time, the new
Kostoryz lift station was not yet under construction. Therefore, the new deeper gravity line
from the Cabaniss lift station was installed by the contractor as a planned temporary,
interim force main (replacing the existing force main) but at a grade that would allow itto be
converted to a gravity line in the future. This conversion work (cutting open the top of pipe
at manholes and providing and shaping interior concrete at the base of manholes) was
originally planned to be performed by City crews after completion of the Kostoryz Lift
Station. The Cabaniss lift station could then be decommissioned by City crews (removing
pumps and appurtenant equipment, de-energizing the power and controls, filling the wet
wells and cutting and removing the upper 6 feet of the fiberglass lift station structure ).
In addition, a new gravity line from the Crestmont lift station was installed but temporarily
plugged until such time as the new Kostoryz Lift station could be completed, Then, City
crews would decommission the Crestmont lift station and open the plugs allowing sewage
to flow by gravity to the new Kostoryz Lift Station.
It has now been 3 years since the Kostoryz Road utility relocation work was completed by
Reese, and the Contractor for the new Kostoryz lift station, Holloman Corporation, is
neadng completion of his work. The City, recognizing that Holloman Corporation has
provided efficient, quality work onsite, has determined that the offsite work, i.e. the
decommissioning of the Cabaniss and Crestmont lift stations, along with the associated
conversion of approximately 3¼ miles of temporary force main and manholes to gravity line,
would be more cost effective and timely if performed by Holloman Corporation rather than
City crews.
Thus, the City requested Holloman to submit a change order proposal for decommissioning
the offsite Cabaniss and Crestmont lift stations and converting the offsite temporary force
main from the Cabaniss lift station into a gravity line.
DEPARTMENT OF ENGINEERING SERVICES
CHANGE ORDER SUMMARY SHEET
September 14, 2004
PROJECT: Kostoryz Lift Station and Force Mains (Project #7109)
APPROVED: City Council on 6/10/03 - Motion No. M2003-205
CONTRACTOR: Holloman Corporation
13730 1-10 East
Converse, Texas 78109
TOTAL CONTRACT AMOUNT ......................
25% Limit Amount ..........................................
Change Order No.
Change Order No.
Change Order No.
Change Order No.
Change Order No.
Change Order No.
Change Order No.
Change Order No.
Change Order No.
1 (01/12/04) .....................
2 (02/09/04) ...................
3 (05/10/04) ...................
4 (05/20/04) .....................
5 (06/17/04) ...................
6 (07/31/04) ...................
7 (08/15/04) .....................
8 (08/30/04) ...................
9 (09/14/04) ...................
$1,841,249.88
46O, 312.47
(3,150.00)
11,924.35
6,096.30
5,935.15
3,568.45
21,489.30
23,0O5.77
14,197.47
70,971.10
Total ..........................................................
154,037.89 = 8.36< 25%
EXHIBIT "B
Page 1 of 1
File : ~Mprojec~counciiexhibits~exh7109.dwg
C£EEN OOD
N
LIFT
O
EXIS ~ IF~-
EM, 43
L~D:
[] EXISZ LIFT STAtiON TO £E/dA/N
EXISll LIFT STA'~ION' TO BE ABANDONED
[] NEW LIFT STAT/ON
FE .........PROP. FORCE~A/N SAN. LINES
O Pi?OP. CRAVITY SAN, LINES
CITY PROJECT No. 7109
LOCATION MAP
NOT TO SCALE
CHANGE ORDER NO. 1 KOSTORYZ LIFT
STATION
Cl~r' OF CORPUS CHRISTI, TEXAS
CITY COUNCIL EXHIBIT
DEPARTMENT OF ENGINEERING SERV1CES
PAGE: 1 of 1
DATE: 09- 10-2004
21
CITY COUNCIL
AGENDA MEMORANDUM
DATE: September 14, 2004
SUBJECT:
ADA Compliance at Vadous Sites
· individual Requests- Staples from Brownlee to DeForrest
(Project No. 6292)
· Mary Grett Cunningham Middle School area (Project No. 6293)
· Memorial Hospital area (Project No. 6294)
AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a
Contract For Professional Services with Engineering & Construction Management Services
in the amount of $31,680, for ADA Compliance at Various Sites:
· Individual Requests - Staples from Brownlee to DeForrest
· Mary Grett Cunningham Middle School area
· Memorial Hospital area
ISSUE: The Americans with Disabilities Act (ADA) prescribes accessibility standards for
eliminating barriers to disables individuals. In an effort to comply with the ADA, the
specified sites have been targeted for improvements which will provide accessibility for the
disabled citizens of the community.
The total fee of $31,680 exceeds the $25,000 contract limit; and requires City Council
approval.
FUNDING: Funding is available from the FY 2002-2003 Community Development Block
Grant (CDBG) Program.
RECOMMENDA~IOI~I-vI~aff recommends approval of the motion as presented.
Director of Neighborhood Services ~"/_~/~ Director of Engineering Services
Additional Support Material:
Exhibit "A" Background Information
Exhibit "B" Contract Summary
Exhibit"C" Location Map
BACKGROUNDINFORMATION
SUBJECT:
ADA Compliance at Various Sites
· Individual Requests - Staples from Brownlee to DeForrest
(Project No. 6292)
· Mary Grett Cunningham Middle School area (Project No. 6293)
· Memorial Hospital area (Project No. 6294)
PRIOR COUNCIL ACTION:
1. May 21, 2002 - Motion approving the FY 2002-2003 Community Development
Block Grant Program (Motion No. M2002-148).
FUTURE COUNCIL ACTION: Approval of required construction contract.
PROJECT BACKGROUND: The Americans with Disabilities Act (ADA) prescribes
accessibility standards for eliminating barriers to disabled individuals. In an effort to
comply with the ADA, the specified sites have been targeted for improvements which
will provide accessibility for the disabled citizens of the community.
The proposed project consists of the construction of curb ramps to meet the current
requirements and standards of the ADA and the Texas Department of Licensing and
Regulation (TDLR) at various locations throughout the city. The project consists of the
following sites:
· Individual Requests - Staples from Brownlee to DeForrest
· Mary Grett Cunningham Middle School area
· Memorial Hospital area
CONTRACT: See Contract Summary Exhibit "B".
EXHIBIT "A" I
Page I of 1
CONTRJ~CT SUMMARY
ADA COMPLIANCE AT VARIOUS SITES
Individual Requests - Staples from Brownlee to DeForrest
(Project No. 6292)
Mary Grett Cunningham Middle School Area
(Project No. 6293)
Memorial Hospital Area
(Project No. 6294)
1. SCOPE OF PROJECT
Prelimlnarv Phase · Confirm, evaluate, and field-verify existing site conditions. City will provide record information and
data as available from City Engineering files.
· Meet as needed with City staff and other Agencies Io define the project concept and identify any
permitting or land acquisition requirements.
· Review and study the project scope and proposed budget as they relate to construction feasibility.
Review previously developed sketches, designs and / or engineering reports provided by City.
· When required, submil written preliminary engineering letter report(s) for City review and approval.
· Assimilate all review comments, modifications, additions / deletions and proceed to next phase,
upon Notice To Proceed.
Bid Phase
· Attend the pre-bid conference chaired by City and assist City in defining1 clarifying, and responding
to bidder questions with respect lo project design, specifications, materials, and methods.
Prepare addenda, in preferred City format, necessary to inform contractors of modifications and
clarificalions prior to bid date. The City's Engineering Services will distribute any addendum.
· Attend the bid opening, tabulate bids according to the City Engineering Services perferred
standard format, and make recommendations concerning award.
ConslU'uctlon Phase
· Attend and participaLe at Lhe pre-bid and pre-construction conferences, which will be chaired by
Engineering Services.
· Provide record drawings from contractor-prepared redlined marked-up set of construction
documents.
· Coordinate with the City inspector to authorize minor field alterations thai do not affect the
contractor's price and are not contrary to the interest of the City.
Conduce a "final inspection" with City and Contractor, and make a recommendation concerning
final acceptance.
· Visit the site / confer with Cib/s Construction Inspector and Contractor to observe the progress
and quality of work, and lo determine, in general, whelher the work is in accordance with project
design.
Review and approve all contraclor's shop drawings and / or submittals.
· Coordinate necessary change orders during the process of lhe work. City will prepare and
process all change orders.
· Review and approve all proposed layouts, lines, levels, and elevations prior to installation or
construction to assure project design and intenL
Review the contractors progress payment request and approved schedule of work before
submission to the City for processing.
tEXHIBIT "B" t
Page 1 of 2
SCOPE OF SERVICES
The Engineer hereby agrees, at its own expense, to perform design services necessary to review and
prepare plans, specifications, and bid and contract documents In addition, Engineer will provide
monthly status updates (project progress or de~ays, gantt charts presented with monthly invoice, s) and
provide contract administration services to complete the ProjecL Work will not begin on Additional
Services until requested by the Engineer (provide breakdown of costs, schedules), and written
authorization is provided by the Director of Engineering Services.
PROJECT SCHEDULE
DAY
Wednesday
Monday
Friday
Friday
Friday
Friday
Friday
Monday (2)
Wednesday
Wednesday
Monday
Weekday
DATE
September 22, 2004
October 4, 2004
October 29, 2004
November 12, 2004
November 26, 2004
December 10, 2004
December 17, 2004
January 3 and 10, 2005
January 12, 2005
January 19, 2005
February 22, 2005
August 31,2005
ACTIVITY
Begin Preliminary Phase
Begin Design Phase
60% Submittal
City Review (15 days / 2 weeks)
90% Submittal
City Time
Final Submittal
Advertise for Bids
Pre-Bid Conference
Receive Bids
Begin Construction
Construction Completion
SUMMARY OF FEES
Fee for Basic Services
1. Preliminary Phase
2. Design Phase
3. Bid Phase
4. Construction Phase
Total Authorized Fee
$7,920.00
0.00
1,000.00
22,760.00
$31,680.00
IEXHIBIT "B" 1
Page 2 of 2
File : ~Mproject\councilexhibits\exh6292.dwg
San Patricio County
N
NUECES BAY
IH37
CORPUS CHRISH BAY
F.iL 43
.~FTQARPLES...BROWNLEE TO DE
REST
NAS
2444
LOOATZON MAP
NOT TO SCALE
PROJECT NO. 6292
ADA COMPLIANCE A T VARIOUS SITES
INDIVIDUAL REQUESTS-STAPLES FROM
BROWNLEE TO DeFORREST
CITY OF CORPUS CHRISTI, TEXAS
EXHIBIT "C'
CZTYCOUNCZL EXHZBZT ~
C~-P~ENT OF ~GINE. ERING SER~fiC~
PAGE: I of 1
DA~: 09-09-2~4 ~
\ Mproject \ counc#exh \ 6 295,dwg
GREENWOOD
LIBRARY
COUNT~ / CITY
HEALTH CENTER
HORNE ROAD
SHERMAN ST.
......... I:1-1 I'l'l' ~
PROJECT NO. 6293
HARRIET ST.
sr.
KAREN
8£RNANDINO ST
MORALES
OOLLIHAR ROAD
LEGEND
ADA COMPLIANCE
MARY GRE~3'
CUNNINOHAM
MIDDLE SCHOOL
~ ~RNANDfNO S~ ~
· ' ~o'~'
PRESCOTt'
ELEMENTARY
SCHOOL
EXHIBIT 'C'
ADA COMPLIANCE A T VARIOUS SITES
MARY GRETT CUNNINGHAM MIDDLE
SCHOOL AREA
City of Corpus Christi. Texo$
C~TY COUNCIL EXHIB£T
DEPAR~ENT OF ~N~NG SER'v'iCE$
PAGE: I of 1
~: 09-09-2004
\ Mproject \ councilexh \ exh6294.dwg
WIGGINS PLACE
SUBDIVISION
MEDICAL
I
MORGAN
BUFORD S~ '
MEDICAL CENTER SUBDIVISION
AVE.
SPOHN MEMORIAL
MEDICAL CENTER
HOSPITAL
BAYVIEW 5
CENTER
MORGAN AVE-
LEG END
-- ADA COMPLIANCE
PROJECT NO. 6294
ADA COMPLIANCE AT VARIOUS SITES
MEMORIAL HOSPITAL AREA
City of Corpus Christi, Texo$
CITY COUNCIL EXHIBIT ~
DEPARTMENT OF ENGINEERING SERV~C£S
PAGE: I of 1
____--'-
DATE: 09-09-2004 ~
22
AGENDA MEMORANDUM
September 14, 2004
SUBJECT: Contract Assignment- UST Mitigation (Contract 2)
(Project #0102)
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to assign the contract with Applied
Earth Sciences, Inc. for Underground Storage Tank Mitigation (Contract No. 2) for Fire
Station No. 10 and the Old RTA Facility to Delta Environmental of Shoreview, MN. (Project
No. 0102).
FUNDING: No expenditure of funds is required by this action.
RECOMMENDATION: Staff recommends approval of the motion as presented.
~,-p~Angel R. Escobar, P.E. Date
Director - Engineering Services
Attachments:
Exhibit A - Additional Information
Exhibit B - Assignment Request Letter
H :~-IOME~KEVIN S\G E NU~IITIGATI\U S7%9~ U ST#2~AS sign me n tMemo .doc
ADDITIONAL INFORMATION
ASSIGNMENT REQUEST:
Applied Earth Sciences, Inc. has been acquired by Delta Environmental Consultants, Inc.
of Shoreview MN. Delta is a large national environmental consulting firm. The intent is to
maintain the local office of Applied Earth Sciences as a Delta Environmental Consultant's
office. The acquisition became effective August 27, 2004.
Applied Earth has one contract with the City for work associated with mitigation of fuel that
leaked from underground storage tanks that have been removed. They have successfully
completed TCEQ closure on all, but two sites. No petroleum products have migrated off
City owned property. The two active sites are:
· Fire Station No. 10, 1550 Home Road; and
· Old RTA Facility, 1024 Sam Rankin Road.
TCEQ evaluates mitigation results and determines whether the site can be closed or if
additional mitigation is required. Additional mitigation has been authorized for Fire Station
No. 10 by TCEQ The Old RTA site is currently being reviewed by TCEQ.
Assignment of the Contract is considered to be in the best interest of the City. The sites
have a long history of complex mitigation efforts. The familiarity of personnel in the local
Delta office with the site is an asset that would cost the City to replicate with another firm.
RECOMMENDATION: Approval of the motion as presented.
Exhibit A
Page 1 o! 1
H:~HOME'~KEVINS\GEN~MITIGATI\UST~6UST#2~Ass~JnmenIBkgExhA doc
August 23, 2004
Mr. Klm McGuire
City of Corpus Christi
Environmental Programs
P.O. Box 9277
Corpus Christi, Texas 78469-9277
Request for Assignment - Contract for Consultant Services Underground Storage Tank
Mitigation 1996 (Contract No. 2) Project No. 0102
Fire Station No. 10, 1550 Home Rd., Corpus Christi, Texas; LPST No. 109850
RTA Facility, 1024 Sam Rankin Rd., Corpus Christi, Texas; LPST No_ 091808
Dear Mr. McGuire:
Applied Earth Sciences, Inc. (AES) is pleased to announce that AES and Delta Environmental
Consultants, inc. (Delta) have agreed to terms where Delta will purchase AES. The asset
purchase will be effective on August 27, 2004 at which time AES will transition into Delta.
Under the asset purchase agreement between Delta and AES, Delta will honor all terms and
conditions specified in the City of Corpus Christi's contract (Contract for Consultant Services
Underground Storage Tank Mitigation 1996 (Contract No. 2) Project No_ 0102) with AES
through the execution of the attached Assignment, Assumption and Consent Agreement. Please
review, sign and send the agreement back to my attention.
The staffofAES looks forward to a continued relationship with the City of Corpus Christi under
the Delta banner. If you have any questions or comments, please contact me at (713) 981-7140.
Sincerely,
APPLIED EARTH SCIENCES, INC.
Richard Box, P. G.
President
10255 Richmond Avenue, Suite 200. Houston, Texa~ 77042- 713-981-7140. 713-~l~[~l~Fa~x)
/ Pagelofl|
23
AGENDA MEMORANDUM
September 14, 2004
SUBJECT: Seawall Reconstruction Project- Contract C
(Project #3171)
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to authorize an agreement with
American Electric Power (AEP) in the amount of $140,543.12 for the Street Lighting
System for the Seawall Reconstruction Project Contract C - Peoples Street to Coopers
Alley.
FUNDING: Funding is available from the Seawall Capital Improvement Fund.
RECOMMENDATION: Staff recommends approval of the motion as presented.
Attachments:
Exhibit A - Additional Information
Exhibit B - AEP Cost Estimate Letter
Exhibit C - Location Map
H:~-IOME~EVIN S\GEN\S EAWALL\C-Madn aReach~-ightingAv~Memo doc
ADDITIONAL INFORMATION
PROPOSED LIGHTING SYSTEM:
The existing lighting system is a series circuit which results in the entire circuit going out if
one light fails. The project will upgrade the system from a series to a parallel circuit. This
increases the system reliability and limits the impact of a street light being out.
Additionally, the system is being upgraded from mercuryvapor to metal halide lights. Metal
halide produces a whiter light than sodium vapor. Metal halide lights are slightly more
expensive than sodium vapor lights. The City restricts the use of metal halide lights to the
downtown area and other important locations.
AEP will remove the existing street light system next to the Northbound traffic lanes. AEP
will install 13 new concrete tapered poles with double cobra head 400 watt metal halide
lights on the northbound lane of Shoreline Boulevard. This will illuminate the seawall steps
as well as the ddving lanes. This is the same pole and fixture that was installed on the
eadier Seawall Projects.
AEP will upgrade the existing lighting on the Southbound traffic lanes from 400 watt
mercury vapor to 400 watt metal halide cobra style fixtures.
PRIOR ACTIONS:
This project has involved a number of complex actions.
action that relate to Contract C follows:
However the specific Council
Auqust 26, 2003 - Motion authorizing the City Manager, or his designee, to execute
Amendment No. 14 to the engineering services contract with Shiner Moseley and
Associates, Inc., in an amount not to exceed $1,950,000.00 for design of Seawall Contract
C (Madna Reach) and post construction underwater survey services for Contract B-2.
(M2003-304)
PRIOR ADMINISTRATIVE ACTIONS:
Auqust 26, 2004 - Authorization for AEP to proceed with installation of temporary lighting in
the amount of $21,598.48 along the east side of Shoreline Boulevard from Peoples Street
to Coopers Alley.
FUTURE COUNCIL ACTION: · Award of geotechnical, materials testing and construction contracts for the
project.
· Engineering contract for design of Contract D (Coliseum to Holiday Inn).
· Seawall Reconstruction Contract D (Coliseum to Holiday Inn).
H:~-IOME~(EVINS\GE N\SEAWALL\C-MarinaReach~LIg hlJngAw~ B kg ExhA.doc
Exhibit A I
Page 1 ol= 2
The schedule for the bid, award and construction of Contract C work is:
Advertise:
Bid:
Scheduled Award:
Construction:
September 20 & September 27
October 13
November 9
December 2004 - March 2006
RECOMMENDATION: Approval of the motion as presented.
Exhibit A
Page 2 of 2
H:~HOME~KEVIN S\GEN\SEAWALL\C-Marin are ach~L[gh[ingAwdBkgExhA.doc
August 25, 2004
Mr. Angle Escobar, P.E.
City Engineer
City of Corpus Christi
P.O. Box 9277
Corpus Christi, Texas 78469
EIVED
2004
ENGIN£ES~/VG~
American Electric Power
Subject: Seawall Street lighting System, Phase 3, Peoples St to Coopers Alley.
Dear Mr. Escobar:
Listed below you will fred estimates for the subject project.
Scope of Work:
The City of Corpus Christi has requested the following work to be done along shoreline
Blvd, between Peoples St and Coopers Alley.
Northbound Shoreline Boulevard:
· Converting the existing street light electrical system on the east side of Shoreline
Blvd from a series Circuit to a Multiple Circuit.
· Thirteen (13) new concrete tapered poles, direct buried.
· Twenty six (26) new 400 watt metal halide cobra-head light fixtures, using 6-ft
mounting brackets.
· Complete removal of the existing street lighting system, consisting of eleven, (11)
street light assemblies.
· Cost for Northbound,(east side) $ 91,039.91
Southbound Shoreline Boulevard:
Converting the existing street light electrical system on the west side of shoreline
Blvd from a Series Circuit to a Multiple Circuit.
Upgrading thc existing street lighting from 400 watt Mercury Vapor lights to 400
watt Metal Halide, cobra-head hght fixtures, using 6-fl mounting brackets.
Cost for Southbound, ' west side) $ 49,503.21
Exhibit,B
Pa~ ~, 2~
AMERICAN
ELECTRIC
POWER
American Electl~c Power
P.o ~z 2121
Temporary li~htinK:
· htstalling twelve (12) 35' wood poles and twelve (12) 250 watt high pressure
sodiuln street lights to provide temporary lighting along the east side of Shoreline
Blvd.
· Cost for temporary lighting, $ 21,598.48
Thank You,
W. Andy Middleton
AEP Project Design Engineering Representative.
Exhibit B
Page 2 of 2
File : \Mproject\councilexhibits\exh3171.dwg
PEOPLES STREET
T-HE~D
PROJECT SITE
N
LAWRENCE S~EET
T-HEAD
~AGEE BF_/~H
CITY PROJECT No. 3171
VICINITY MA P
NOT TO SCALE
EXHIBIT 'C"
SEAWALL RECONSTRUCTION PROJECT-
CONTRACT" C' (Peoples to Coopers Alley)
CITY OF CORPUS CHRISTt, TEXA~
CITY COUNCIL EXHIBIT
~P~£~ ~ ~ClN£~ING
PAGE: I of 1
~: 09-14-2~4
24
AGENDA MEMORANDUM
September 14, 2004
SUBJECT: City Detention and Magistration Center
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to make an
additional payment in an amount not to e×ceed $64,000 to Wilson
Plaza ]~ssociates, L.P. for modifications to the City's Detention and
Magistration Center located at Wilson Plaza, Suite l13-A.
FUNDING: Funding will be supplied by the Law Enforcement Trust Fund,
RECOMMENDATION: Approval of the motion as presented.
Exhibit A. Background Information
BACKGROUNDINFORMATION
ADDITIONAL INFORMATION: Wilson Plaza Associates agreed to provide build out for
$295,000 based on the functional and operational requirements provided by the Municipal
Court and the Police Department. The Building Construction Agreement provided for
changes and extras to be paid by the tenant. Review of the plans indicated the area did
not meet local and state requirements for a confined institutional occupancy.
Wilson Plaza is an old office building that is grandfathered under the building code unless
a change of occupancy classification occurs. The space was last occupied bythe Federal
Courts and included holding cells. (Federal agencies are exempt from state and local
regulations ) Use of the space by a non-federal agency for other than office classified
occupancy, triggers the requirement for compliance with current building code regulations.
Based on review by Development Services and the Fire Marshall, the plans required
architectural and engineering review. Required improvements over and above the original
plans include
· additional fire walls;
· improved fire detection and alarm system;
· quick release cell locks; and
· additional steel for fire rated walls.
PRIOR ACTIONS:
April 20, 2004 -
a. Motion authorizing the City Manager or his designee to execute a lease agreement
with Wilson Plaza Associates, L.P. for a seven year term, beginning at $44,172 per
year and providing for an annual adjustment for 3,681 net rentable square feet from
September 1,2004 through August 31,2100 for the City Detention and Magisl]'ation
Center (M2004-163),
Motion authorizing the City Manager, or his designee, to execute a building
construction agreement with Wilson Plaza Associates, L.P., of Corpus Christi,
Texas, in the amount of $295,000 for the construction of a new City Detention and
Magistration Center located at Wilson Plaza, Suite 113-A.
FUNDING: Funding is provided by the Law Enforcement Trust Fund.
IEXHIBIT A t
25
CITY COUNCIL
AGENDA MEMORANDUM
August 9, 2004
AGENDA ITEM: Jail services agreement with San Patricio County
Item A: Resolution authorizing the City Manager or his designee to execute an
Intedocal Cooperation Agreement with San Patricio County in the amount of
$40.00 per pdsoner per day for jail services.
ISSUE: Alternate jail services may be required if the Nueces County Jail rejects
prisoners arrested by City of Corpus Chdsti employees.
REQUIRED COUNCIL ACTION: Approval of the Resolution
PREVIOUS COUNCIL ACTION:
FUNDING:
CONCLUSION AND RECOMMENDATION: Approval of the Resolution
(Department He{~l;~ignature)
RESOLUTION
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH SAN
PATRICIO COUNTY IN THE AMOUNT OF $40.00 PER PRISONER PER
DAY FOR JAIL SERVICES
NOW, THEREFORE, 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 an interlocal
oooperation agreement with San Patricio County in the amount of $40.00 per prisoner
?~er day !o.,r jail services. A copy of the agreement is attached and on file in the City
~ecretary s Office.
A'I-rEST:
THE CITY OF CORPUS CHRISTI
A~-mando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
APPROVED: __ day of ,2004.
Assistant City Attorney
for City Attorney
By:
Corpus Christi, Texas
of ,2004
The above resolution was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Henry Garre[t
Bill Kelly
Rex A. Kinnison
John Longoda
Jesse Noyola
Mark Scott
26
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: September 14, 2004
AGENDA ITEM:
Ordinance appropriating $150,000 into the Passenger Facility Charge Fund NO. 4621 from Unreserved
Fund Balance for Passenger Loading Bddges at the Airport; amending FY 2003-2004 Capital Budget
adopted by Ordinance No. 025647 to increase appropriations by $150,000; and declaring an
emergency.
ISSUE:
The passenger loading bridges are eligible for 100% PFC funding which was approved by the Airlines
and the FAA in 2002. This transfer will use PFCs that have been collected since that time to pay for a
portion of the new passenger loading bddges at the AJrport.
REQUIRED COUNCIL ACTION:
All resolutions and ordinances require Council approval.
PREVIOUS COUNCIL ACTION:
None
FUNDING:
Fund 4621 Fund Balance
CONCLUSION AND RECOMMENDATION:
The Airport Board recommended approval of action dudng their meeting h~l~n S.eptembe~r 8.20,~,.?
Staff recommends approval of Ordinance as presented.
Deper~mint~'e~d Slgnab. Jre
Attachments:
BACKGROUNDINFORMATION
The Passenger Loading Bridges were included in the Terminal Project in the PFC ApplicatJon
Amendment No 2 for 100% funding totaling of $2,278,707_ This amendment was approved in 2003.
ORDINANCE
APPROPRIATING $150,000 INTO THE PASSENGER FACILITY
CHARGE FUND NO. 4621 FROM UNRESERVED FUND BALANCE
FOR PASSENGER LOADING BRIDGES AT THE AIRPORT;
AMENDING FY 2003-2004 CAPITAL BUDGET ADOPTED BY
ORDINANCE NO. 025647 TO INCREASE APPROPRIATIONS BY
$150,000; AND DECLARING AN EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $150,000 from the Unreserved Fund Balance in Fund No 4621 is
appropriated into the Passenger Facility Charge Fund No. 4621 for the Passenger
Loading Bddges at the Airport.
SECTION 2. That FY 2003-2004 Capital Budget adopted by Ordinance No. 025647 is
amended to increase Passenger Facility Charge Fund No. 4621 appropriations by
$150,000.
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.
A'I-rEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: ,,_~')/
For City Attorney
,2004
Samuel L. Neal, Jr.
Mayor
Corpus Chdsti, 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 Chdsti
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
27
CITY COUNCIL
AGENDA MEMORANDUM
Date: September 14, 2004
AGENDA ITEM: Resolution authorizing the South Texas Aggregation Project, Inc. (STAP) to
negotiate an electric supply agreement for deliveries of electricity effective January 1, 2005;
authorizing the City Manager or his designee to sign a contract with STAP for the City of
Corpus Christi's 2005 electric needs; and cotnmitting to budget for energy purchases in 2005 and
to honor the City of Corpus Christi's commitments to purchase power for its electrical needs in
2005 through STAP.
ISSUE: The City of Corpus Christi, Texas, is a member of STAP, a non-profit political
subdivision corporation dedicated to securing electric power for its 45 members in the
competitive retail market One of the primary goals of STAP is to achieve the greatest amount of
savings in the deregulated market. In the first two years, STAP members saved an average of 29
percent ($8.2 million) and 24 percent ($8 0 million), respectively, off the Price to Bear ("PTB")
rate. As the STAP Board and its advisors gain more experience in the deregulated market,
options to increase the savings for STAP members are constantly reevaluated. The STAP Board
believes that a wholesale power contract may be another option to realize greater savings.
Preliminary information provided to the STAP Board indicates that entering into a wholesale
power contract, as distinct from a retail contract, effective January 1, 2005, may provide the
greatest potential for savings for STAP members over the regulated PTB. STAP believes that
the pricing opportunity window for favorable 2005 deliveries under either a wholesale or retail
agreement will be short-lived (in the Septelnber to mid-November time period) and that STAP
must be able to commit contractually to prices within a 24-hour period in order to lock-in
favorable prices regardless of whether STAP continues its historic practice of retail agreements
or enters the wholesale market.
The attached Resolution authorizes STAP to negotiate an electric supply agreement for deliveries
of electricity effective January 1, 2005, authorizes the City Manager or his designee to sign a
contract with STAP for the City's 2005 electric needs and commits to budget for energy
purchases in 2005 and honor our commitment to purchase power for our electrical needs in 2005
through STAP.
RECOMMENDATION: Approval of the Resolution as submitted.
Assistant City Manager, Support Services
RESOLUTION
A RESOLUTION OF THE CITY OF CORPUS CHRISTI, TEXAS,
AUTHORIZING THE SOUTH TEXAS AGGREGATION PROJECT, 1NC. TO
NEGOTIATE AN ELECTRIC SUPPLY AGREEMENT FOR DELIVERIES OF
ELECTRICITY EFFECTIVE JANUARY 1, 2005; AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO SIGN A CONRACT WITH STAP FOR
THE CITY OF CORPUS CHRISTI'S 2005 ELECTRICITY NEEDS; AND
COMMITTING TO BUDGET FOR ENERGY PURCHASES IN 2005 AND TO
HONOR THE CITY OF CORPUS CHRISTI'S COMMITMENTS TO
PURCHASE POWER FOR lTS ELECTRICAL NEEDS IN 2005 THROUGH
STAP.
WHEREAS, the City of Corpus Ckristi, Texas (City) is a member of South Texas
Aggregation Project, Inc. (STAP), a nonprofit political subdivision corporation dedicated
to securing electric power for its 45 members in the competitive retail market; and
WHEREAS, STAP negotiated favorable contract terms and a reasonable commodity
price for delivered electricity in 2002, 2003, and 2004 resulting in significant savings off
of the Price to Beat (PTB) rate for its members; and
WHEREAS, preliminary information provided to the. STAP Board indicates that
entering into a wholesale power contract, as distinct from a retail contract, effective
January 1, 2005, may provide the greatest potential for savings for STAP members over
the regulated PTB rate; and
WHEREAS, potential wholesale power providers desire to execute a contract with one,
and only one, entity rather than have unique contracts for each STAP member; and
WHEREAS, STAP believes that the pricing opportunity window for favorable 7005
deliveries under either a wholesale or retail agreement ~vill be short lived (in4_hc
- ~ge, plamber to mid-November time pewiod) and that STAP mustbeab!e to commn
contractually to prices within a 24-hour period in order to lock-in favorable prices
regardless of whether STAP continues its historic practice of retail agreements or enters
the wholesale market; and
WHEREAS, experiences in contracting for 2002-2004 demonstrated that Retail Electric
Providers demand immediate response to an offer and may penalize delay with higher
prices; and
WHEREAS, it is necessary for the City to contract for a supply of electricity for 2005
or at least partially revert to PTB rates; and
VOtEREAS, STAP's current delivered energy prices provide savings when measured
against the PTB rate, and PTB rates will likely continue to remain higher than prices
STAP can achieve on behalf of the City; and
WltEREAS, wholesale suppliers demand assurance that STAP will pay for all
contracted load; and
WHEREAS, the City of Corpus Christi needs to assure STAP that it will budget for
energy purchases in 2005 and honor its comrrdtments to purchase power for its electrical
needs in 2005 through STAP.
NOW, THEREORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1: Thai the STAP Board and its consultants and advisors will evaluate for the City
wholesale power supply contract options for 2005 as compared to a retail electric delivery
contract for 2005 and, if feasible, 2006.
SECTION 2: That the City Manager or his designee will execute a contract with STAP that
permits the STAP Board and its consultants and advisors to negotiate and sign the 2005 electric
power agreement for the City's electricity needs as a member of STAP and commits its 2005
load pursuant to the contract recommended and approved by the STAP Board of Directors.
SECTION 3: That the City will commit to purchase power to meet all of its electricity needs
eligible for competition pursuam to the STAP approved supply agreement and approve funds
necessary to pay electricity costs proportionate to the City's load under the supply agreement
(whether wholesale or retail) arranged by STAP.
SECTION 4: That a copy of the resolution shall be sent to Geoffi'ey M. Gay, legal counsel to
STAP.
A'I-I EST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Approved: ~:1~. 7,- ,2004
Mary Ktly Fis(c~her
City Attorney
Samuel L. Neal, Jr.
Mayor
Corpus Christi, 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. Kmmson
Jesse Noyola
Mark Scott
28
CITY COUNCIL
AGENDA MEMORANDUM
DATE: September 8, 2004
AGENDA ITEM: Ordinance authorizing the City Manager, or his designee, to execute a Drainage
Easement Maintenance Agreement with Home Depot, U.S.A., Inc. ("Lessee"), allowing owner the
right to use the 10-fool wide (3,660-square teat) drainage easement by building a garden center
structure out of Lot 1OR, Block 1, Moore Plaza, [rom manhole to manhole, with specified conditions;
establishing a fee of $18,300.00 and declaring an emergency.
ISSUE: Home Depot, U.S.A., Inc. is seeking an agreement with the City which will allow them to
construct a concrete slab foundation with concrete piers and other improvements over an existing
10-foot wide drainage easement right-of-way, to expand their Garden Center.
REQUIRED COUNCIL ACTION: City Charter requires City Council approval of an agreement for
use o[ any portion of public right-o[-way for private purposes.
RECOMMENDATION: Staff recommends approval of the ordinance as presented.
~Popment Services
Atiachments:
Exhibit A - Background
Exhibit B - Ordinance
Exhibit C - Site Location Map
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
Backc~round and Reasons for the Requests.
Home Depot, U.S.A., Inc. ("Lessee"), with its local facilities at 5041 South Padre island Drive,
Corpus Chdsti, Texas, sells commercial and residential building materials~ Representatives of the
company discussed plans with City Staff to undertake significant improvements to expand the
existing garden center area. Based on their analysis, the current site and store layout does not
satisfy "total consumer" needs. The representatives of Home Depot, U.S.A., Inc. have informed City
Staff that they favor the expansion and optimization of their Corpus Christi store.
The drainage easement (48" storm sewer pipe) on the premises (see Exhibit C and C1) prohibits
Home Depot, U.S.A., Inc. from expanding their facilities as needed. By definition, a public drainage
easement is a right-of-way granted or dedicated for limited use of pdvate land for a public purpose
and within which the owner of the property shall not erect any permanent structures (as per City
Code Sec. 55-1). Therefore, Home Depot, US.A., Inc. requests City Council approval for an
agreement to use the drainage easement in the manner described below.
Request for a Dralnacle Easement Maintenance Aqreement for the Draina~le Easement Within
Lot 10R, Block 1.
Exhibit C shows the location of a proposed building expansion over the existing easement on Lot
10R. A 10-foot drainage easement contained within Lot 1OR, along its eastern edge, lies beneath
the proposed expansion of the Garden Center. This easement contains a public 48-inch storm
sewer line that serves the Home Depot, and K-Mart buildings adjacent to the easement as well as
several other properties (Wal-Mart), i.e., Lots 10R and 18, Moore Plaza.
The City's Engineering, Storm Water, and Legal Departments determined that a Drainage Easement
Maintenance Agreement is a viable instrument by which the City can allow Home Depot, U.S.A., Inc.
to expand their building and use the easement area for their operations.
The Drainage Easement Maintenance Agreement will allow Home Depot, U.S.A., Inc. (Lessee) the
dght to use the 10-foot wide (3,660 square feet) drainage easement out of Lot 10R, Block 1 from
Manhole 1 to Manhole 2, with the following specified conditions:
a) To maintain the line in a complete operational condition at all times during the life of the
Drainage Easement Maintenance Agreement so that service to the other propedies is
maintained. Immediate response (day or night) will be required to repair this line to
minimize downtime and property damage to the other lots.
b) The vertical clearance (lowest part of the roof) will be a minimum 14' from the sun"ace of
the finished floor elevation.
c) No concrete piers will be allowed within the existing 10-footwide easement or adjacent
to the existing 48-inch storm sewer line.
d) Construction of a removable slab (10' wide for length of building) over the intedor
easement area that will be occupied by the garden center.
EXHIBIT A
e) Maintain the intedor easement area free of stocked merchandise, machinery, or
equipment that would prohibit access and maneuverability over the easement area to
maintain, repair, or replace the storm sewer line.
f) Owner will be responsible for televising the existing 48-inch RCP storm sewer line pdor
to city's approval of the agreement.
g) Either rehabilitate the storm sewer line using the CIPP (Cured In Place Pipe) method or
replace the line in its entirety i'rom Manhole-1 to Manhole-2, approximately 366-feet
length, to City standards, before starting construction of any improvements in, on, over,
or across the easement.
h) To hold harmless the City of Corpus Christi [or all liability related to the easement, the
storm sewer line, and improvements [rom manhole to manhole including but not limited
to damages to private properly upstream resulting from obstruction of storm water flow.
i) Owner will be held responsible [or any damage that occurs to the existing 48" RCP storm
sewer line while construction oi' the garden center.
j) Owner agrees to leave the area within a 15-foot radius of the center of each manhole
clear for City access to the manholes.
k) Owner agrees to remove all obstructions including but not limited to the structure
[rom the easement within sixty (60) days upon termination of the Agreement.
All City and pdvate franchised utilities were contacted regarding this Drainage Easement
Maintenance Agreement. None had any objections, provided the applicant meets the specified
conditions set out in the Agreement.
Staff recommends a one-time fee of $18,300.00 be paid to the City to effect the Agreement. The
Owner has been advised of and concurs with all the conditions of the Agreement.
H:~_ \~e~g04 \u paghomedep~l rn2 EXHIBIT A
FROM: B.A. Bailey, AICP, Director of Development Services
DATE: September 8, 2004
TO THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI:
ORDINANCE REQUEST
DATE RECOMMENDED FOR COUNCIL ACTION: September 14, 2004
ORDINANCE CAPTION:
Ordinance authorizing the City Manager, or his designee, to execute a Drainage Easement
Maintenance Agreement with Home Depot, U.S.A., Inc. ("Lessee"), allowing owner the right
to use the 10-foot wide (3,660-square feet) drainage easement by building a garden- center
structure out of Lot 10R, Block 1, Moore Plaza, from manhole to manhole, with specified
conditions; establishing a fee of $18,300.00 and declaring an emergency.
OTHER PERTINENT INFORMATION TO BE INCLUDED IN ORDINANCE:
SPECIFIED CONDITIONS AS PART OF CLOSURE:
1) That the recommended Drainage Easement Maintenance Agreement fee of
$18,300.00 be paid by Home Depot ("Lessee").
2) Permittee agrees to comply with the specified conditions as set out in the
Drainage Easement Maintenance Agreement. (Exhibit B-l)
REQUESTED BY:
DATE:q
Director of Development Services
APPROVED:
EXHIBIT B
DATE:
AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE A DRAINAGE EASEMENT MAINTENANCE AGREEMENT
WITH HOME DEPOT, USA, INC. (OWNER), ALLOWING OWNER THE
RIGHT TO USE THE 10 FOOT WIDE (3,660 SQUARE FEET)
DRAINAGE EASEMENT BY BUILDING A GARDEN CENTER
STRUCTURE OUT OF LOT 10R, BLOCK 1, MOORE PLAZA, FROM
MANHOLE TO MANHOLE. WITH SPECIFIED CONDITIONS;
ESTABLISHING A FEE OF $18,300.00; 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
drainage easement maintenance agreement with Home Depot, USA, Inc., for the dght
to use the 10 foot wide (3,660 square feet) drainage easement by building a garden
center structure, out of Lot 1OR, Block 1, Moore Plaza, from manhole to manhole.
SECTION 2. That Home Depot, USA, Inc. comply with the terms and conditions of the
drainage easement maintenance agreement, a copy of which is on file with the City
Secretary, and be subject to the following conditions as part of the use privilege
agreement:
1)
That the recommended Drainage Easement Maintenance Agreement fee of
$18,300.00 be paid by Home Depot, USA, Inc.
2)
Home Depot, USA, Inc. Owner agrees to comply with all the specified conditions
as set out in the Drainage Easement Maintenance Agreement.
SECTION 3. That upon written request of the Mayor or five council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the 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 14t~ day of September, 2004.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
H:\LEG-DI RXJoseph\ORD-DrMtnAg-HomeDepot,doc
Approved
By:
Assistant City Attomey
For City Attomey
,2004
H:~LEG-DlR~Joseph\ORD-DrMtnAg-HomeDepot.doc
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: INVe, 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 Chdsti
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
HALEG-DIRUos~ph\ORD-DrMmAg-HomeDepot.doc
DRAINAGE EASEMENT MAINTENANCE AGREEMENT
THE STATE OF TEXAS §
COUNTY OF NUECES §
That the City of Corpus Christi, a Texas home rule municipal corporation, acting
through its duly authorized City Manager, George K. Noe, in accordance with Article IX,
Section 1, Corpus Christi City Charter, in consideration of Eighteen Thousand and Three
Hundred Dollars ($18,300.00) paid by Home Depot U.S.A., inc. ("Home Depot"), a
Delaware corporation authorized to do business in Texas, the receipt of which is
acknowledged, has executed and by these presents does execute, upon the conditions
hereinafter stated, a DRAINAGE EASEMENT MAINTENANCE AGREEMENT with said
Owner, for the right to use a 10-foot wide drainage easement with active 48" RCP
storm Water pipe in Lot 10R, Block 1, Moore Plaza, for the expansion of the Home
Depot Garden Center building and the maintenance of an existing public storm
sewer line in the easement, from Manhole-1 to Manhole-2, (hereinafter collectively
known as "The Improvements") located at 5041 South padre Island Drive within the City
of Corpus Christi, Nueces County, Texas, as shown on the attached and incorporated
Exhibit .4.
Home Depot, its successors, and assigns, shall have the right, under the conditions in the
attached Exhibit A and the following conditions, at any time to enter upon the above
described easement to maintain The Improvements; and it is further understood that this
agreement is executed subject to Home Depot compliance with the following conditions:
A. This Agreement ("Agreement") shall terminate if, at any time, City Manager or
designee ("City Manager") gives Home Depot written notice of any of the following and
Owner does not cure within 60 days of the notice:
(1) Home Depot's failure to maintain The Improvements in their original
condition; or
(2) Home Depot's failure to perform an obligation which this agreement requires
Owner to perform.
I[ any other provision of this agreement provides for revocation or termination by City
immediately or upon notice shorter than 60 days, then, at City's option, the other provision
shall prevail and the notice provision in this section A shall not apply.
H:~HO~IE~W [LLIEM~GE N'~AG0~',UPA~H OME DE P OT-2.D EA.D OC HOMEDEPOT.D EA
Page 1 of 6
EXHIBIT B-1
B. To the extent allowed by Texas law, Home Depot hereby fully indemnifies, saves
and holds harmless the City of Corpus Christi, its officers, employees, agents, licensees,
and invitees ("indemnitees") against any and all liability, damage, loss, claims, demands
and actions of any nature whatsoever on account of personal injuries (including, without
limitation on the foregoing, workers' compensation and death claims), or property loss or
damage of any kind whatsoever, which arise out of or are in any manner connected with, or
are claimed to arise out of or be in any manner connected with said drainage easement or
construction, installation, existence, operation, use, maintenance, repair, restoration, or
removal of The Improvements pursuant to this Agreement. However, this indemnity shall
not apply to the extent that said injury, loss, or damage is caused by the negligence of the
indemnitees or any of them. Home Depot must, at its own expense, investigate all those
claims and demands, attend to their settlement or other disposition, defend all actions
based thereon with counsel satisfactory to indemnitees and pay all charges of attorneys
and all other cost and expenses of any kind arising from any of said liability, damage, loss,
claims, demands, or actions.
C. Home Depot must acquire and maintain commercial general liability insurance
pertaining to The Improvements and the activities related to The Improvements
authorized by this Agreement, in the minimum amounts set forth in the attached and
incorporated Exhibit El. The insurance policies must show the City as a named additional
insured. Upon City Manager's written request, Home Depot shall provide copies of all
insurance policies to the City Attorney. Unless the City's Director of Engineering Services
or designee ("City Engineer") is given 30 days advance written notice, the policies shall be
renewed (or replaced with comparable replacement policies) and may not be canceled or
materially changed.
D. Home Depot's use of The Improvements must not interfere with City's construction,
operation, repair, replacement, or maintenance of the existing or replacement manholes
and associated storm sewer line. If City needs access to the easement, Home Depot must
render The Improvements opened for uninterrupted access to the storm sewer line for
repair, replacement, or maintenance of the storm sewer line. The Home Depot shall be
responsible for repairing The Improvements to their original condition or removing The
Improvements, as directed by the City, at which time this Agreement terminates
immediately
E. Home Depot must pay to maintain or repair The Improvements at all times,
regardless of the type of damage that may occur, within 30 calendar days of notice of
damage to Home Depot.
F. Home Depot must comply with all applicable Federal, State, and local laws and
regulations, as may be amended.
C:~RPORT6L~,4,TLANTA~DTHOMPSO~o476_200C Page 2 o,~ 6
696~78-2 1630.2015000
G. Home Depot shall not assign this Agreement to any party other than to any parent or
subsidiary of Home Depot or to any corporation controlled by, controlling or under common
control with Home Depot (a "Related Entity"), without the Cites prior written consent.
H. Home Depot must submit a set of construction drawings to the City Engineer for
any proposed work two weeks prior to onset of construction. The drawings must show the
depth and location of the proposed construction and distance from the existing storm
sewer line.
I. Home Depot must verify depth and location of existing Gas, AEP, SBC, Time
Warner, and Grande lines, as well as Expedius, KMC, ICG, CAPROCK, and
communication fiber optic cables. Prior to the start of any excavation, the Home Depot or
Home Depot's Agent must call the Texas One Call System (1-800-245-4545), 1-800-DIG-
TESS and Lone Star Notification Center (1-800-669-8344) for locations of existing utilities.
A City Inspector may request a utility line be uncovered to verify its depth or location.
J. Home Depot must not begin work without 48 hours prior notice to the AEP, SBC,
Grande, Time Warner, Water, Gas, Storm Water, and Wastewater Divisions along with the
Expedius, KMC, ICG, and CAPROCK, communication fiber optic companies.
K. Home Depot must properly compact backfill around the existing 48" RCP storm
water pipe in accordance with the City of Corpus Christi Standard Specifications, including
City Water Distribution System Standards.
L. If damage occurs to either of the two City storm water manholes or the existing 48"
RCP storm sewer line within the drainage easement, as determined by the City's
representative, a City Storm Water Division crew will be brought in and allowed
immediately to make all repairs. All City costs (labor and materials) associated with the
repairs must be paid by Home Depot within 30 days of City Manager's invoice thereof;
however, Home Depot shall not have to pay if said damage is caused by the sole
negligence of the City indemnitees as defined in Section B above. City's representatives
will determine the extent of damage and amount of repairs to the manhole(s). For City's
access to the manholes, Home Depot must maintain an unobstructed area within a 15 ft.
radius of the center of each manhole.
M. Before starting construction of any improvements in. on. over, or across the
easement, Home Depot must replace the existing 48" RCP storm sewer line located
between city Manhole-1 to Manhole-2 within the drainage easement or rehabilitate the
existing line from manhole to manhole using the CIPP (Cured In Place Pipe) method
approximately 366 feet, with a new line. All of this work shall be in accordance with City
standards and specifications. Thereafter, Home Depot must maintain and repair said line
as needed, or replace said line, as determined by the City.
C:V,IRPORTBL',ATLANTA~DTHO~oSO'~96478_2 DOC Page 3 of 6
6~478-2 1630 2015,0~0
N. Work around any existing water main must be done under the inspection of a Water
Division Inspector at a daily rate of $301.31 for each day spent inspecting construction,
maintenance, repair, replacement or relocation of The Improvements pursuant hereto. A
half-day (4 hours) or more of work constitutes a whole working day for purpose of
calculation. Any time in excess of 8 hours a day, or on Saturday, Sunday or Holidays,
must be calculated at a daily rate of $56.49 an hour. Home Depot must pay these funds to
the City of Corpus Christi, Storm Water Department. These amounts will be adjusted
annually on August 1 to reflect any pay increase.
O. Home Depot must take every precaution not to disturb the soil surrounding any
existing water or wastewater line, including all thrust blocks.
P. Home Depot must not store or leave any equipment or material in City right-of-way
overnight other while The Improvements are being constructed.
Q. The Contractor must provide proper safety and security devices to prevent possible
injuries or accidents. No open trenches or pits are to be left overnight. All trenches must
be back'filled promptly, the backfill propedy compacted, surface restored, and the work
done in a neat and workmanlike manner.
R. If this Agreement terminates for any reason, then Home Depot shall remove all
obstructions and encroachments from the drainage easement within 60 days of
termination. In addition to any termination rights of the City set forth herein, this
Agreement shall terminate upon the date that Home Depot or a Related Entity no longer
owns a leasehold interest or fee simple title to the property on which The Improvements
are located and, in such event, Home Depot shall promptly remove the obstructions and
encroachments from the drainage easement as aforesaid.
S. As part of this Agreement, Home Depot must agree to the following conditions:
a) The vertical clearance (lowest part of the roof) will be a minimum 14' from the
su~ace of the finished floor elevation.
b) No concrete piers will be allowed within the existing 10-foot wide easement or
adjacent to the existing 48-inch storm sewer line.
c) Construction of a removable slab (10' wide for length of building) over the
interior easement area that will be occupied by the garden center.
d) Maintain the interior easement area free of stocked merchandise, machinery, or
equipment that would prohibit access and maneuverability over the easement
area to maintain, repair, or replace the storm sewer line; provided, however,
merchandise, machinery and equipment used or offered for sale in the ordinary
course of Home Depot's business may be stocked over the easement area
provided that same is not permanently affixed to The Improvements and may
be moved in connection with any maintenance, repair or replacement of the
storm sewer line.
e) Home Depot will be responsible for televising the existing 48-inch storm sewer
line prior to City's approval of the Agreement.
f) Either rehabilitate the storm sewer line using the CIPP (Cured In Place Pipe)
method or replace the line in its entirety from Manhole 1 to Manhole 2,
approximately 366 feet length, to City standards, before starting construction of
any improvements in, on, over, or across the easement.
g) To hold harmless the City for all liability related to the easement, the storm
sewer line, and improvements from manhole to manhole, including but not
limited to damages to private property upstream resulting from obstruction of
storm water flow.
h) Home Depot will be held responsible for any damage that occurs to the existing
48" RCP storm sewer line while construction of the garden center.
T. This agreement shall be recorded in the Deed Records of Nueces County, Texas.
NOTE: All references herein to Home Depot include Home Depot's contractor(s), agent(s),
and employee(s) if applicable.
IN TESTIMONY WHEREOF, the City of Corpus Christi has caused these presents to be
executed on this the __ day of ,2004.
A'I-rEST:
CITY OF CORPUS CHRISTI
City Secretary
By:
George K. Noe, City Manager
APPROVED:
__ day of
By:
,2004
Joseph Harney, Assistant City Attorney
C:'tNRPORTBL'~,TLANTA~DTHOb~PSO'~96478_2 DOC Page 5 of 6
69~47a-2 1630.2015000
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on ,2004, by
George K. Noe, as City Manager of the City of Corpus Christi, a Texas Municipal
Corporation, on behalf of said corporation.
Notary Public, State of Texas
The above Grant and Privilege is hereby accepted this the day of
,2004, by Home Depot, U.S.A., Inc. Home Depot agrees to keep and
perform the conditions imposed by this Agreement and that it is bound by all of the terms of
same.
HOME DEPOT U.S.A., INC., a Delaware
corporation
Name?;;~cob R. ,F'r/il'cher,
Title:/~E~irector - ~gal
Jr.
THE STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on ~cc.~.Z.t~ ~;~_L~ ,2004,
by Jacob R. Pritcher, Jr., as DirecIor-Leqal of Home Depot, U.S.A., Inc., a Delaware
corporation, on behalf of said corporation.
Notary Public, S~te
Printed Name: ~.~/,,,~
Expiration Date:
C:'~'*,IRPORTBL'~ATLANTA',DTHOMPSO',696,47B_2.DOC Page 6 of 6
VICINITY MAP
STAPLES MALL
SITE
PROJECT SITE
EXHIBIT A
EASEMENT CLOSURE
LOTS 10R & 18, BLOCK 1. MOORE PLAZA
EXIS~NGHOMEDEPOT
EXHIBIT A
DRAINAGE EASEMENT MAINTENANCE AGREEMENT
LOT 10R, BLOCK 1, MOORE PLAZA
GARDEN CENTER PLAN
EXHIBIT A
DRAINAGE EASEMENT MAINTENANCE AGREEMENT
LOT 10R, BLOCK 1, MOORE PLAZA
Willie Medina - Home Depot Drainage Easement agreement ins.doc Page 1
EXHIBIT B
INSURANCE REQUIREMENTS
HOME DEPOT'S LIABILITY INSURANCE
Home Depot must not cormnence work under this agreement until all insurance required herein
has been obtained and approved by the City. Home Depot must not allow any subcontxactor to
commence work until all similar insurance required of the subcontractor has been obtained.
Home Depot must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance,
showing the following minimum coverage by insurance company(s) acceptable to the City's Risk
Manager. The City must be named as an additional insured for the General Liability policy and a
blanket waiver of subrogation is required on all applicable policies.
TYPE OF INSURANCE
30 day written notice of cancellalion, non-renewaL
material change or termination and a 10 day written
notice of cancellation for non-payment of premium ts
required on all certificates
Commercial General Liability ineluding:
1. Commercial Form
2. Premises- Operations
3. Underground Hazard
4. Products./Completed Operations Hazard
5. Contractual Liabiliiy
6. Broad Form Property Damage
7. Independent Contraclors
AUTOMOBILE LIABILITY~WNED, NON-OWNED
OR RENTED
WORKERS' COMPENSATION
MINIMUM INSURANCE COVERAGE
Bodily Injury and Properly Damage
Per occurrence aggregate
$ l,O00,000 COMBINED SINGLE LIMIT
$1,000,000 COMBINED SINGLE LIMIT
(needed Ear duration of constraction phase)
WHICH COMPLIES WITH THE TEXAS WORKERS'
COMPENSATION ACT AND PARAGKAPH Il OF
THIS EXHIBIT
EMPLOYERS' LIABILITY
$500,000
(needed for duration of constmclion phage)
C. hi the event of accidents of any kind, Home Depot must furnish the Risk Manager with copies of
all reports of such accidents within 10 days of any accident.
Home Depot Drainage Easement Mntc agreen~nt ins. req.
9-7-04 ep Risk Mgmt.
~'iliie Medina- Home Depol ,,Drainage Easement agreement ins.doc.
II. ADDITIONAL REQUIREMENTS
Home Depot must obtain workers' compensation coverage through a licensed insurance company
in accordance with Texas law The contract for coverage must be written on a policy and
endorsements approved by the Texas Department of Insurance Workers' compensation coverage
must be in amounts sufficient to assure that all workers' compensation obligations incurred by
Home Depot are promptly met.
Cerlificate of Insurance:
The City of Corpus Christi must be named as an additional insured on the General liability
coverage and a blanket waiver of subrogation is required on all applicable policies.
If your insurance company uses the standard ACORD form, the cancellation clause (bottom
right) must be amended by adding the wording "changed or" between "be" and "canceled", and
deleting the words, "endeavor to", and deleting the wording after "left".
The name of the project must be listed under "Description of Operations".
At a minimum, a 30-day written notice of cancellation, material change, non-renewal or
termination and a 10~lay written notice of cancellation for non-payment of premium is rex:luffed.
If the Certificate of Insurance on its face does not show the existence of the coverage required by
items I.B (1)-(7), an authorized representative of the insurance company must include a letter
specifically stating whether items I.B. (1)-(7) are included or excluded.
Home Depot Drainage Easement Mtnc Agreement ins. req
9 7 04 ep Risk Mgmt.
Marsh USA Znc /7/ZOO& 1:30
PAOE 2/2 RightF&x
JENN1FER CHICAHTEK
FAX
D ILUNOI~ NA~ONAL INSURANCE C~PANY
~ (:~N~s~n~: ~ OOC:ZJR L~IITS OF POt. ICY ARE E.XCE~S
,
O[2JT) 1105
~/~lf05
07301/04 02Y011~
240~ LEO'PARD STREET
CORPLi~ CHR~TI, TX 78408
VICINITY MAP
STAPI F$ MALL
PROJECT SITE
EXHIBIT C
EASEMENT CLOSURE
LOTS 10R & 18, BLOCK 1, MOORE PLAZA
F--~$T~NG HOME DEPOT
gOT 18, BLOCK 1
MOORE PLAZA
EXHIBIT C1
DRAINAGE EASEMENT MAINTENANCE AGREEMENT
LOT 10R, BLOCK 1, MOORE PLAZA
CE~R I
I
~ / I I
GARDEN CENTER PLAN
EXHIBIT Cl
DRAINAGE EASEMENT MAINTENANCE AGREEMENT
LOT 10R, BLOCK 1, MOORE PLAZA
29
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: August 17, 2004
AGENDAITEM:
Ordinance authorizing Ihe City Manager o~ his designee to execute a long ten~ lease expiring
September 30, 2016 with Ihe Federal Avia'don't Admini.~i~,=lJcm for ~n ~q~ort Surveillance Radar
Facility site at Evelyn Price Pad( located in ~ City of Coq~s Christi; providing for publication.
ISSUE:
The FAA has had a lease for this equipment at this site for several years that expired in 2001. Staff,
along with the City Attorney's office, has been working with the FAA for some time now on inseding
language acceptable to the FAA in a new lease concerning TCEQ mandated disclosures that Evelyn
Price Park was a portion of a closed municipal solid waste landfill and the rules that the FAA must
abide by as a result ct this disclosure. Last month, we received approval from the FAA for the new
lease with the required disclosures.
REQUIRED COUNCIL ACTION:
All Resolution and Ordinances require Council approval.
PREVIOUS COUNCIL ACTION:
10/1/91 (Ord _ 021253) - Council approved the lease agreement be~veen the City of Corpus Chdsti,
Texas and the United States of Amedca for a term beginning October 1, 1991 and ending September
30, 1992 [or a 200' x 200' plot of ground located in Evelyn Pdce Park, with annual renewals allowed
through September 30, 2001.
FUNDING:
N/A
CONCLUSION AND RECOMMENDATION:
The Airport Board took action to recommend approval of this item at the August 11, 2004 Board
Department Head Signature
Attachments:
AN ORDINANCE
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A
LONG TERM LEASE EXPIRING SEPTEMBER 30, 2016 WITH THE
FEDERAL AVIATION ADMINISTRATION FOR AN AIRPORT
SURVEILLANCE RADAR FACILITY SITE AT EVELYN PRICE PARK
LOCATED IN THE CITY OF CORPUS CHRISTI; PROVIDING FOR
PUBLICATION.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. The City Manager or designee is authorized to execute a long term lease
expinng September 30, 2016 with the Federal Aviation Administration for an airport
surveillance radar facility site at Evelyn Price park located in the City of Corpus Christi.
SECTION 2. The Lease shall become effective upon the expiration of 60 days
following its date of final adoption by the City Council.
SECTION 3. Publication will be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
A'I-rEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
Samuel L. Neal, Jr, Mayor
The City of Corpus Christi
APPROVED the
By:
I~L day of
. Burke, Jr. (.J
nt City Attorney--
for City Attorney
,2004.
LaurieXJohnBurke\OrdintmceR~olution2004C~mendmg Lease w/Host International Ila
That the foregoing ordinance was read for the first time and passed to its second reading on
this the day of ,2004, by the following vote:
Samuel L. Neal, Jr.
Rex A. Kirmison
Brent Chesney
Melody Cooper
Javier D. Cohnenero
Jesse Noyola
Henry Garrett Mark Scott
Bill Kelly
That the foregoing ordinance was read for the second time and passed finally on this the
__ day of ,2004, by the following vote:
Samuel L. Neal, Jr. Rex A Kinnison
Brent Chesney
Javier D. Colmenero
Melody Cooper
Jesse Noyola
Henry Garrett
Bill Kelly
APPROVED AND PASSED on this
ATTEST:
Mark Scott
day of ,2004.
Armando Chapa, City Secretary Samuel L. Neal, Jr., Mayor
APPROVED AS TO LEGAL FORM on the day of
,2004.
John P. Burke, Jr.
Assistant City Attorney
H:~LEG-DIR~Laude~JohnXl3rdinance\Ordinance 4 airporl grant 36.ha
30
AGENDA MEMORANDUM
DATE: September 14, 2004
AGENDA ITEM:
la.
Public headng to consider approving and adopting the Wastewater Collection
System Master Plan-Allison Service Area as described on Attachment 1, which
amends the Master Sanitary Sewer Plan as prepared by Reagan and McCaughn
and adopted December 23, 1964 by Ordinance No. 7441 and rescinds the Sanitary
Sewer Master Plan, save and except the Storm Sewer Master Plan, for the areas of
Wood River, River Hills, Valley View, and Quail Valley in the area of FM 624 west of
Highway 77 adopted March 10, 1982 by Ordinance No. 16927.
lb.
Ordinance amending the City's Comprehensive Plan by amending the Master
Sanitary Sewer Plan, as adopted December 23, 1964 by Ordinance No. 7441
(Master Sanitary Sewer Plan for areas annexed in 1960 and 1961 except Flour
Bluff), and rescinding the Sanitary Sewer Master Plan, save and except the Storm
Sewer Master Plan, for the areas of Wood River, River Hills, Valley View, and Quail
Valley, in the area of FM 624 west of Highway 77, adopted March 10, 1982 by
Ordinance No. 16927 {Storm Drainage Plan and Sanitary Sewer Plan for the area
west of Calallen (five points)}, by approving and adopting the Wastewater Collection
System Master Plan-Allison Service Area, as shown in Attachment 1; providing for
severance; and prdviding for publication.
ISSUE: The City has adopted Area Development Plans for the City and its ET J, which
address future land use. A wastewater collection system master plan is needed to provide
guidance in the development of the land usage shown on the Area Development Plans.
The Wastewater Collection System Master Plan-Allison Service Area amends and
supercedes outdated master plans from 1964 and 1982 and is more aligned with current
development trends.
FUNDING: N/A
RECOMMENDATION: Staff recommends approval of the Ordinance as presented.
Director of Wastewater
SECn°gbi nar(; eF~'nEg ' S e rvice s
Additional Supl~ort Material:
Exhibit "A" Background Information
Exhibit "B" Allison Service Area Map
Attachment 1: Separate Cover
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
BACKGROUND:
A sanitary sewer master plan adopted in 1964 and a sanitary sewer master plan
adopted in 1982 currently encompass a large portion of the area that will be
covered by the proposed Wastewater Collection System Master Plan-Allison
Service Area. Both of the existing sanitary sewer master plans were prepared
when land use plans were not available and the authors of these plans used
conservative figures when calculating population and per capita flows. During
the intervening time period, the City has adopted Area Development Plans, which
more accurately reflect present and future land use. The new wastewater
collection system master plan addresses future land use, while the existing
sanitary sewer master plans do not. Development proposals have been
submitted to the City for subdivisions in the proposed master plan area.
The Wastewater Collection System Master Plan-Allison Service Area addresses
factors in present and future developments by providing guidance in the
preparation of the collection system for the Allison Service Area based on
ultimate land use as indicated on the City of Corpus Christi Area Development
Plan.
On August 25, 2004. the proposed Wastewater Collection System Master Plan -
Allison Service Area was presented in a public hearing to the Planning
Commission. Dudng the meeting it was unanimously approved by the
Commissioners. This Master Plan is scheduled to be presented to City Council
for a first reading on September 14, 2004 and a second reading on September
28, 2004.
DESCRIPTION.' To create the new Wastewater Collection System Master Plan-
Allison Service Area:
· the 1964 sanitary sewer master plan has to be amended to include
additional areas in the new master plan,
· the 1982 sanitary sewer master plan has to be rescinded in its entirety,
except the storm sewer master plan that is part of it,
· delete the area north of IH 37, east of the Turkey Creek wastewater
collection main, and west of Corn Products road from the 1964 Master
Sanitary Sewer Plan. The development of this area has primarily been
large petro-chemical plants and associated industrial uses. These plants
EXHIBIT "A"
Page 1 o[ 2
have their own treatment facilities to address their domestic wastewater
and industrial process water.
· the area generally bounded by IH 37, Corn Products Road, Sedwick
Road, Sedwick Road extended, and Rhew Road needs to be transferred
from the 1964 Allison Service Area to the Greenwood Service Area.
Wastewater flows from this are will be served by the Greenwood
Wastewater Treatment Plant.
· adopt the Wastewater Collection System Master Plan - Allison Service
Area.
The proposed Master Plan has within its boundaries a portion of the Master
Sanitary Sewer Plan as prepared by Reagan and McCaughn and adopted
December 23, 1964 by Ordinance No. 7441 and all of the Sanitary Sewer Master
Plan and Storm Sewer Master Plan for the Areas of Wood River, River Hills,
Valley View, and Quail Valley, in the Area of FM 624 West of Highway 77
adopted March 10, 1982 by Ordinance No. 16927.
EXHIBIT "A"
Page 2 of 2
'BROADWAY}
I O~.NVVOOD
L~OUN~ MADRE J
L OCA TION f~AP
NOr TO SCALE
~/ASTEYlATER COLLECTION SYSTEt~ I~ASTER PLAN -
ALLISON SERVICE AREA
Cll'f OF' CORPUS CHRISTI, T~-XAS
F-J(HIBIT
CITY COUNCIL EXHIBIT
PAGE: 1 of 1
DATE:09/14/2004
Page 1 of 3
ORDINANCE
AMENDING THE CITY'S COMPREHENSIVE PLAN BY AMENDING THE
MASTER SANITARY SEWER PLAN, AS ADOPTED DECEMBER 23,
1964 BY ORDINANCE NO. 7441 (MASTER SANITARY SEWER PLAN
FOR AREAS ANNEXED IN 1960 AND 1961 EXCEPT FLOUR BLUFF),
AND RESCINDING THE SANITARY SEWER MASTER PLAN, SAVE
AND EXCEPT THE STORM SEWER MASTER PLAN, FOR THE AREAS
OF WOOD RIVER, RIVER HILLS, VALLEY VIEW, AND QUAIL VALLEY,
IN THE AREA OF FM 624 WEST OF HIGHWAY 77, ADOPTED MARCH
10, 1982 BY ORDINANCE NO. 16927 {STORM DRAINAGE PLAN AND
SANITARY SEWER PLAN FOR THE AREA WEST OF CALALLEN
(FIVE POINTS)}, BY APPROVING AND ADOPTING THE
WASTEWATER COLLECTION SYSTEM MASTER PLAN-ALLISON
SERVICE AREA, AS SHOWN IN ATTACHMENT 1; PROVIDING FOR
SEVERANCE; AND PROVIDING FOR PUBLICATION.
WHEREAS, the Planning Commission has forwarded to the City Council its
recommendation concerning the adoption of the Wastewater Collection System Master
Plan-Allison Service Area;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
August 25, 2004, during a regular meeting of the Planning Commission, and on
Tuesday, September 14, 2004, during a regular meeting of the City Council of the City
of Corpus Christi, during which all interested persons were allowed to appear and be
heard;
WHEREAS, the City Council has determined that this adoption would best serve public
health, necessity, and convenience, and the general welfare of the City of Corpus
Christi and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Wastewater Collection System Master Plan-Allison Service Area
is approved and adopted, and made a part of the Comprehensive Plan of the City of
Corpus Christi, and the boundaries are as shown in Attachment 1, which is attached to
and incorporated into this ordinance. A copy of the Wastewater Collection System
Master Plan-Allison Service Area is on file with the City Secretary.
SECTION 2. That the Master Sanitary Sewer Plan as prepared by Reagan and
McCaughn and adopted December 23, 1964 by Ordinance No. 7441 is amended by
ceding the nodhwest area of said master plan, as shown in Attachment 1, into the
Wastewater Collection System Master Plan-Allison Service Area.
SECTION 3. That the area north of IH 37, east of the Turkey Creek wastewater
collection main, and west of Corn Products road is hereby deleted from the Master
Sanitary Sewer Plan as prepared by Reagan and McCaughn and adopted December
Page 2 of 3
23, 1964 by Ordinance No. 7441, as shown in Attachment 1.
SECTION 4. That the area generally bounded by IH 37, Corn Products Road, Sedwick
Road, Sedwick Road extended, and Rhew Road is hereby transferred from the 1964
Allison Service Area to the Greenwood Service Area, as shown in Attachment 1.
SECTION 5. That the Sanitary Sewer Master Plan, save and except the Storm
Sewer Master Plan, for the Areas of Wood River, River Hills, Valley View, and
Quail Valley, in the Area of FM 624 West of Highway 77 adopted March 10, 1982
by Ordinance No. 16927, is superceded and rendered null and void.
SECTION 6. That any ordinance or part of any ordinance in conflict with this ordinance
is expressly repealed by this ordinance.
SECTION 7. The City Council intends that every section, paragraph, subdivision,
clause, phrase, word or provision of this ordinance shall be given full force and effect for
its purpose. Therefore, if any section, paragraph, subdivision, clause, phrase, word or
provision of this ordinance is held invalid or unconstitutional by final judgment of a court
of competent jurisdiction, that judgment shall not affect any other section, paragraph,
subdivision, clause, phrase, word or provision of this ordinance.
SECTION 8. Publication shall be made in the official publication of the Cify of Corpus
Chdsti as required by the City Charter of the City of Corpus Christi.
Page 3 of 3
That the foregoing ordinance was read for the first time and passed to its second
reading on this the
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
day of
,2004, by the following vote:
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
That the foregoing ordinance was read for the second time and passed finally on
this the day of ,2004, 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
PASSED AND APPROVED, this the day of
ATTEST: CITY OF CORPUS CHRISTI
,2004.
Armando Chapa
Ci~ Secretaw
Approved as to legal form
Assistant City Attorney
For City Attorney
Samuel L. Neal, Jr.
Mayor
H 'd_EG DIR~loseph\Ord-SS Plan Allison doc
31
CITY COUNCIL
AGENDA MEMORANDUM
September 8, 2004
AGENDA ITEM:
Public hearing to consider abandoning and vacating a 27,082-square loot portion of an
undeveloped and unsurfaced 60' wide dedicated public right-o[-way (Seabreeze Drive)
extending 451 L.F. north o[ South Padre Island Drive and east of Southbay Drive, out of Lot
A, Block 2, and Lot A, Block 3, Southbay Addition Annex.
Ordinance abandoning and vacating a 27,082-square foot portion o[ an undeveloped and
unsurfaced 60' wide dedicated public right-of-way (Seabreeze Drive) extending 451 L.F.
north of South Padre Island Ddve and east of Southbay Drive, out of Lot A, Block 2, and Lot
A, Block 3, Southbay Addition Annex; subject to owner's compliance with the specified
conditions.
ISSUE: Urban Engineering, Inc., on behalf o[ Dawn Melancon, Arnold Krueger, and the Baptist
Foundation of Texas, is requesting the abandonment and vacation of Seabreeze Ddve to allow for
the future development of a multi-level apartment complex.
REQUIRED COUNCIL ACTION: City Charier requires Council approval to abandon and vacate
any portion of street rights-of-way. City Code requires a public hearing prior to the vacating and
abandonment of any street dghts-o[-way.
RECOMMENDATION: Staff recommends approval o[ the ordinance as presented
~pment Services
Attachments:
Exhibit A - Background Information
Exhibit B - Ordinance
Exhibit C- Site Location Map
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
BACKGROUND:
Urban Engineering, on behal[ of Dawn Melancon, Arnold Krueger, and the Baptist Foundation of Texas, is
requesting the abandonment and vacation of a 27,082-square foot portion of an undeveloped and
unsurfaced 60' wide dedicated public dght-o[-way (Seabreeze Ddve) out of Lot A, Block 2, and Lot A,
Block 3, Southbay Addition Annex. The undeveloped ROW to be abandoned and vacated is located in a
"B-4" General Business District.
Seabreeze Drive extends approximately 451 L.F. north of South Padre Island Ddve and is located
approximately 500-feet east of the Southbay Drive street right-of-way, between Southbay Drive and the
Cayo Del Oso. The said portion of public right-of-way is being abandoned and vacated due to public
interest extinguished and to allow for the future construction of a mu~d-level apartment complex that will be
built over the existing right-of-way.
Dr. Guthrie and Mrs. Guthrie, adjacent property owners where the undeveloped public right-of-way dead-
ends, are opposed to the abandonment and vacating of the public right-of-way because the closing ot Ihe
undeveloped right-of-way would hinder the accessibility to their property and affect the quail by or access.
City staff met with Dr. and Mrs. Guthrie and informed them that they would still be able to have
accessibility to their property from two other streets adjacent to their property, Cayo Drive and Seashore
Ddve.
Dr Guthrie has access to the remainder of his property that is zoned for apartments, but without
Seabreeze Ddve, it is less than ideal. If this development proceeds, it makes the rear proper'by less suited
to single family development, yet access is limited to local street if Seabreeze Ddve is abandoned.
Generally, apadments are placed on collector streets due to densiby and resulting traffic.
The preferred answer would be [or alternative access to be provided to the rear A-2 property. That was
not an acceptable oplion to the developer, however, it would resolve the neighborhood concems of future
apartment traffic funneled through a local street.
All public and franchised utilities were contacted regarding this closure request and no objections were
received by any of the utility companies.
Staff recommends approval with secondary means of access provided to rear property. Road
construction costs to be borne equally. Staff also recommends that the Owners pay the fair market value
of $ 27,085.00 for the abandonment and vacation of the total 27,082-square foot portion of Seabreeze
Drive street right-of-way. The owner is still in negotiations with the Ciby regarding the conditions of the
right-of-way abandonment.
EXHIBIT A
FROM: B.A. Bailey, AICP, Director of Development Services
DATE: September 8, 2004
TO THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI:
ORDtNANCE REQUEST
DATE RECOMMENDED FOR COUNCIL ACTION: September 14, 2004
ORDINANCE CAPTION:
Public headng to consider abandoning and vacating a 27,082-square foot portion of an undeveloped and
unsurfaced 60' wide dedicated public right-of-way (Seabreeze Drive) extending 451 L.F. north of South
Padre Island Drive and east of Southbay Drive, out of Lot A, Block 2, and Lot A, Block 3, Southbay Addition
Annex.
Ordinance abandoning and vacating a 27,082-square foot portion of an undeveloped and unsurfaced 60'
wide dedicated public right-of-way (Seabreeze Drive) extending 451 L.F. north of South Padre Island Drive
and east of Southbay Drive, out of Lot A, Block 2, and Lot A, Block 3, Southbay Addition Annex; subject to
owner's compliance with the specified conditions.
OTHER PERTINENT INFORMATION TO BE INCLUDED IN ORDINANCE:
Plat is recorded in Volume 27, Page 61, and Volume 34, Page 82 of the Map Records of Nueces County,
Texas.
SPECIFIED CONDITIONS AS PART OF CLOSURE:
Staff recommends that the Owner pay the fair market value of $ 27,085.00 for the abandonment
and vacation of the total 27,082-square foot portion of Seabreeze Drive street right-of-way.
An alternative access is to be provided to the rear A-2 property.
Upon approval from Council and ordinance issued, all grants of easement closures must be
recorded in the real property Map Records of Nueces County, Texas, in which the property is
located. Prior to Building Permit approval of construction, an up-to-date survey, abstracted for all
easements and items of record, must be submitted to the Director of Development Services.
REQUESTED BY:
~-~ctor of Development
Services
Approved:
Date:
EXHIBIT B
AN ORDINANCE
ABANDONING AND VACATING A 27,082-SQUARE FOOT PORTION
OF AN UNDEVELOPED AND UNSURFACED 60 FOOT WIDE
DEDICATED PUBLIC RIGHT-OF-WAY (SEABREEZE DRIVE)
EXTENDING 451 L.F. NORTH OF SOUTH PADRE ISLAND DRIVE, OUT
OF LOT A, BLOCK 2, AND LOT A, BLOCK 3, SOUTHBAY ADDITION
ANNEX; SUBJECT TO OWNERS' COMPLIANCE WITH THE
SPECIFIED CONDITIONS.
WHEREAS, there is a 27,082-square foot portion of an undeveloped and unsurfaced 60
foot wide dedicated public right-of-way (Seabreeze Drive) extending 451 linear feet
north of South Padre Island Drive, out of Lot A, Block 2 and Lot A, Block 3, Southbay
Addition Annex, as recorded in Volume 27, Page 61, and Volume 34, Page 82, Map
Records Nueces County, Texas, that the owners, Dawn Melancon, Arnold Krueger, and
the Baptist Foundation of Texas, (Owners), wish to have abandoned and vacated; and
WHEREAS, it has been determined that it is feasible and advantageous to the City of
Corpus Christi to abandon and vacate said portion of the easement for all purposes,
subject to the provisions below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. That the 27,082-square foot portion of an undeveloped and unsurfaced 60
foot wide dedicated public right--of-way (Seabreeze Ddve) extending 451 linear feet
north of South Padre Island Drive, out of Lot A, Block 2, and Lot A, Block 3, Southbay
Addition Annex, as recorded in Volume 27, Page 61, and Volume 34, Page 82, Map
Records Nueces County, Texas is abandoned and vacated for public use as street
right-of-way, subject to Owners' compliance with the following specif'~d conditions as
part of the abandonment and vacation:
1. That payment of the fair market value in the amount of $27,085 be paid for the
proposed abandonment and vacation of the public right-of-way.
2. An alternative access is to be provided to the rear A-2 property.
Upon approval from Council and ordinance issued, all grants of easement closures
must be recorded in the real property map records of Nueces County, Texas, in
which the property is located. Pdor to building permit approval of construction, an up
to date survey, abstracted for all easements and items of record, must be submitted
to the Director of Development Services.
H:~LEG-DIR~Joseph\ORD-Seabreeze-av,doc
That the foregoing ordinance was read for the first time and passed to its second
reading on this the day of ,2004, by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Henry Garrett
Bill Kelly
Rex A. Kinnison
Melody Cooper
Jesse Noyola
Mark Scoff
That the foregoing ordinance was read for the second time and passed finally on
this the day of ,2004, by the following vote
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Henry Garrett
Bill Kelly
Rex A. Kinnison
Melody Cooper
Jesse Noyola
Mark Scott
PASSED AND APPROVED, this the
A'I-rEST:
day of ,2004.
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Approved .~t.~_ ~.,~
For City Attorney
,2004
Samuel L. Neal, Jr.
Mayor
H:~LEG-DIR'Joseph\ORD -Se abr eeze-av.doc
16.B~16 N=r~a out of
Lofe 3 end 4. Secth3n 30. end I.o~ 4 m~l 5. S~'~Je~ -31.
Flour Bluff end F_.n~rml Form ond C.~ Tn3cte
rM. A. Pga. 41-43, M¢~
Record. of Nuece~ County. Te~oa
(Stote Highwoy No, 358)
~ Podre Iml~ I~'lve
EXHIBIT C
STI:~EET CLOSURE
SEABREEZE DRIVE
32
CITY COUNCIL
AGENDA MEMORANDUM
September 8, 2004
AGENDAITEM:
Public hearing to consider abandoning and vacating a 30,000-square toot portion of an
undeveloped and unsurfaced 20' wide dedicated public right-of-way out of Lots 1, 8, & 9,
Artemus Roberts Subdivision (approximately 0.86 miles south of [he Leopard Street right-of-
way and west of the Rand Morgan Road street right-of-way).
Ordinance abandoning and vacating a 30,000-square foot portion o[ an undeveloped and
unsurfaced 20' wide dedicated public right.-oFway out of Lots 1, 8, & 9, Artemus Robeds
Subdivision (approximately 0.86 miles south of the Leopard Street dghFof-way and west of
the Rand Morgan Road street right-of-way); subject to owner's compliance with the specified
conditions; and declaring an emergency.
ISSUE: Urban Engineering, in behalf of the owner, D.H. Bramanl Jr. is requesting the
abandonment and vacation of the dedicated public right-of-way to allow for the construction of a
church over the existing public right-of-way.
REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and vacate
any podion o[ street rights-of-way. City Code requires a public hearing prior to the vacating and
abandonment of any street rights-ct-way.
RECOMMENDATION: Staff recommends approval of the ordinance on an emergency basis.
Director of Development Services
Attachments:
Exhibit A - Background Information
Exhibit B - Ordinance
Exhibit C - Site Location Map
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
BACKGROUND:
Urban Engineering, on behalf of the Owner, D. H. Braman, Jr., is requesting the
abandonment and vacation of a 30,000-square foot portion of an undeveloped and
unsurfaced 20' wide dedicated public right-of-way out of Lots 1,8, & 9, Artemus Roberts
Subdivision. The undeveloped ROW to be abandoned and vacated is located in an "R-1 B"
One Family Dwelling District.
The 20' wide undeveloped ROW is located in Lots 1,8, & 9, Artemus Roberts Subdivision.
Approximately 1500 L.F. of the undeveloped ROW to be abandoned is located
approximately 0.86 miles south of Leopard Street and west of the Rand Morgan Road
right-of-way. The said portion of public right-or-way is being abandoned and vacated to
allow for the construction of the Bible Believers Church over the existing right-of-way.
All public and franchised utilities were contacted regarding this closure request and no
objections were received by any of the utility companies.
Staff recommends that the Owner pay the fair market value of $ 6,210.00 for the
abandonment and vacation of the total 30,000-square foot portion of dedicated public right-
of-way. The owner has been advised of and concurs with the conditions of the right-of-way
abandonment.
EXHIBIT A
FROM: B.A. Bailey, AICP, Director of Development Services
DATE: September 8, 2004
TO THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI:
ORDINANCE REQUEST
DATE RECOMMENDED FOR COUNCIL ACTION: September 14, 2004
ORDINANCE CAPTION:
Public hearing to consider abandoning and vacating a 30,000-square foot per, ion of an undeveloped and
unsurfaced 20' wide dedicated pubtic right-of-way out of Lots 1, 8, & 9, Ad:emus Roberts Subdivision
(approximately 0.86 miles south of the Leopard Street right-of-way and west ct the Rand Morgan Road street
right-of-way).
Ordinance abandoning and vacating a 30,000-square toot podion of an undeveloped and unsurtaced 20'
wide dedicated public right~o[-way out o[ Lots 1, 8, & 9, AHemus Roberts Subdivision (approximately 0.86
miles south of the Leopard Street right-of-way and west of the Rand Morgan Road street right-of-way);
subject to owner's compliance with the specified conditions; and declaring an emergency.
OTHER PERTINENT INFORMATION TO BE INCLUDED IN ORDINANCE:
Plat is recorded in Volume 3, Page 41, of the Map Records of Nueces County, Texas.
SPECIFIED CONDITIONS AS PART OF CLOSURE:
Staff recommends that the Owner pay the fair market value of $ 6,210.00 for the abandonment
and vacation of the total 30,000-square foot portion of dedicated public right-of-way.
Upon approval from Council and ordinance issued, all grants of easement closures must be
recorded in the real property Map Records of Nueces County, Texas, in which the property is
located. Prior to Building Permit approval of construction, an up-to-date survey, abstracted for all
easemenIs and items of record, must be submitted to the Director of Development Services.
REQUESTED BY:
Director of Development Services
Approved:
Date:
EXHIBIT B
AN ORDINANCE
ABANDONING AND VACATING A 30,000-SQUARE FOOT PORTION
OF AN UNDEVELOPED AND UNSURFACED 20 FOOT WIDE
DEDICATED PUBLIC RIGHT-OF-WAY OUT OF LOTS 1, 8, AND 9,
ARTEMUS ROBERTS SUBDIVISION, APPROXIMATELY .86 MILE
SOUTH OF THE LEOPARD STREET RIGHT-OF-WAY AND WEST OF
THE RAND MORGAN STREET RIGHT-OF-WAY; SUBJECT TO
OWNER'S COMPLIANCE WITH THE SPECIFIED CONDITIONS; AND
DECLARING AN EMERGENCY.
WHEREAS, there is a 30,O00-square foot portion of an undeveloped and unsurfaced 20
foot wide dedicated public right-of-way, out of Lots 1, 8, and 9, Artemus Roberts
Subdivision, approximately .86 mile south of [he Leopard Street right-of-way and west of
the Rand Morgan Street right-of-way, as recorded in Volume 3, Page 41, Map Records
Nueces County. Texas, that the owner, D.H. Braman, Jr., (Owner), wishes to have
abandoned and vacated; and
WHEREAS, it has been determined that it is feasible and advantageous to the City of
Corpus Chdsfi to abandon and vacate said portion of the easement for all purposes,
subject to the provisions below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. That the 30,000-square foot portion of an undeveloped and unsurfaced 20
foot wide dedicated public right-of-way, out of Lot 1, 8, and 9, Artemus Roberts
Subdivision, approximately .86 mile south of the Leopard Street right-of-way and west of
the Rand Morgan Street right-of-way, as recorded in Volume 3, Page 41, Map Records
Nueces County, Texas is abandoned and vacated for public use as street right-of-way,
subject to Owners' compliance with the following specified conditions as part of the
abandonment and vacation:
1. That payment of the fair market value in the amount of $6,210 be paid for [he
proposed abandonment and vacation of the public right-of-way.
2. Upon approval from Council and ordinance issued, all grants of easement closures
must be recorded in the real property map records of Nueces County, Texas, in
which the property is located. Prior to building pen'nit approval of construction, an up
to date survey, abstracted for all easements and items of record, must be submitted
to the Director of Development 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
H:~LEG-D IRX.loseph\O RD-ArtRobt -av.doc
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the 14th day of September, 2004.
ATrEST:
'FHE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
Approved _~1/~,~.~ o~ , 2004
By:
Joseph~arney/'~--~
Assistant City Attome,~-
For City Attorney
H:~LEG-DIRLloseph\ORD-ArtRobt-av.doc
Corpus Chdsti, 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: INVe, 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 Garrett
Bill Kelly
Rex ^. Kinnison
Jesse Noyola
Mark Scott
H:~LEG -DIRk.loseph\ORD-ArtRobt-av.doc
LOCATION MAP
McNorlon Rd.
EXHIBIT C
STREET CLOSURE
LOTS 1, 8, & 9
ARTEMUS ROBERTS SUBDIVISION
33
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: September 14, 2004
AGENDAITEM:
Resolution authorizing the City Manager, or the City Manager's Designee, to execute
Federal Cost Sharing Agreement between the Department of the Army and Nueces
River Authority, City of Corpus Christi, San Antonio Water System, San Antonio River
Authority, and Guadalupe-Blanco River Authority for the Nueces River and
Tributaries, Texas Feasibility Study.
Ordinance appropriating $118,820 from the No. 4010 Water Fund for the City's initial
Cost Share under Federal Cost Sharing Agreement between the Department of the
Army and the Nueces River Authority, City of Corpus Christi, San Antonio River
Authority, and Guadalupe-Blanco River Authority for the Nueces River and
Tributaries, Texas Feasibility Study; and declaring an emergency.
ISSUE: The US Army Corps of Engineers (COE) completed a reconnaissance study of the
Nueces River basin, which identified 10 projects as being of COF interest. If the COE finds
co-sponsors for these projects, feasibility studies can be conducted to determine the
viability of the projects.
Under Federal Rules, the COE and co-sponsors share the cost of the feasibility study on a
50-50 basis. If the project is determined to be feasible and a decision is made to execute
the project, up to 65 percent of the construction cost can be funded by the COE.
All of the projects identified in the reconnaissance study would be executed in the Nueces
River Basin, and Nueces River Authority, San Antonio Water System, San Antonio River
Authority, and Guadalupe Blanco River Authority have expressed an interest in being co-
sponsors on some or all of the projects in the feasibility study. The City has an interest in
the outcome of the feasibility studies. Accordingly, the City has met with the COE and the
other co-sponsors to narrow the list of priority projects and to develop the Project
Management Plan and the Federal Cost Share Agreement.
The FCSA agreement specifies the obligations of the parties in terms of the share of costs,
method of payment, study management and coordination, settlement of disputes,
termination and suspension and other issues. COE poticy requires all co-sponsors of
corps projects to utilize standardized verbiage in their cost-share agreements from a COE
FCSA template. The FCSA attached represents the final agreement developed from the
template wording by the COE regional office and the co-sponsors to reflect each sponsor's
needs. On September 15, 2003, the COE is requested the City provide acknowledgement
that the City intends to sign the Federal Cost-Sharing Agreement document, as drafted
jointly, once approved by COE in Washington Headquarters. City staff has since reviewed
the final agreement.
FUNDING: The total project is currently estimated to cost $10M and take approximately 6
years to complete. For those projects that are studied, the COE will pay 50 percent of the
feasibility study costs and the co-sponsors will share the cost of the other 50 percent of the
feasibility study costs, it is estimated that the City's share of the total cost of the feasibility
study will be $1.828 M or 18.28 percent, if all six studies are taken to completion. The
agreement is written so that an individual study can be terminated pdor to completion. The
total project cost may be decreased if other funding sources or study results, such as
future work products from the Governor's initiative, Padre Island desalination and Aquifer
Storage and Recovery project, and TWDB regional water planning studies, can be applied
to the feasibility effort. The first phase of the feasibility study will include public
participation workshops, resource agency coordination and the evaluation of off-channel
reservoirs, a two way pipeline, and reservoir yield modeling. The project cost for the first
fiscal year for the City is estimated at this time to be $118,820.
REQUIRED COUNCIL ACTION: Appropriation of approximately $118,000 to fund the first-
year of the feasibility study when the final agreement is ready for approval in approximately
60 days.
CONCLUSION AND RECOMMENDATION: Staff recommends approval of the attached
resolution and ordinance.
· ,~ Ronald F. Massey
Assistant City Manager
Attachments
BACKGROUNDINFORMATION
Under Section 205, the US Army Corps of Engineers (COE) is authorized to perform
preliminary examinations and surveys for flood control. The COE also contributes to the
Federal objectives of National Economic Development (NED) which provides direct net
benef'~s that accrue in the planning area and the rest of the nation. Ecosystem Restoration
(Section 206) is a co-equal Federal objective for the Corps of Engineers.
In accordance with that authority, the COE completed a reconnaissance level study of the
Nueces River Basin in August, 2002. The study concluded that more detailed feasibility
studies should be performed on ten projects.
The projects identified by the COE reconnaissance study were:
Flooding downstream of Lake Corpus Christi and throughout the Nueces Basin
Recharge enhancement
Cotulla diversion projects to enhance storage in LCC/CCR system
Two-way pipe project to enhance storage in LCC/CCR system
Desalination
Treated effluent placement in Nueces Delta
Water quality in Choke Canyon reservoir
Stream restoration in the upper Nueces Basin
Brush management
Exotic aquatic plant removal
Of these projects, six were chosen to continue into the feasibility phase. A Draft Project
Management Plan (PMP) has been developed to complete these studies in the next 5-6
years. The projects selected for fudher study are:
-Cotulla diversion
-Two-way pipe with off-channel storage
-Desalination
-Recharge enhancement projects
-Wastewater diversions to the Nueces River Delta (Treated effluent placement)
-Brush Control
Each of these projects is mentioned in the Regional Water Plan as a way to optimize our
watershed, create drought-proof supplies, or demonstrate environmental benefits to
Coastal Bend Bays and Estuaries. Partnering with the Corps and Co-sponsors allows the
City to be an active participant in matters affecting the Nueces River Basin, while sharing
the costs of feasibility studies and construction.
108tb Cou~e~s
United States Senate
COMMIT{'EE ON ENVIRONMENT AND Pt/BUG WORKS
RE~VE~ BY THE CONI~rt ~ =,- ON I~MV~O#~ AND PUBLIC 'a~q.K$ OF THE UNITED STATES
That the Secretary. is requested to rsview the crops of
~o~e ~c~t 235, S~ty-~ird Co~e~e, 1'~ Session ~
prohec~ion, w=t~r couse~tion ~d s~ply, ~e= '~li~,
should coor~ate ~d inte~a~e ~th on~ study e~or2s
Adopted: June 23, 2004
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S
DESIGNEE, TO EXECUTE A FEDERAL COST SHARING AGREEMENT
BETVVEEN THE DEPARTMENT OF THE ARMY AND NUECES RIVER
AUTHORITY, CITY OF CORPUS CHRISTI, SAN ANTONIO WATER
SYSTEM, SAN ANTONIO RIVER AUTHORITY, AND GUADALUPE-
BLANCO RIVER AUTHORITY FOR THE NUECES RIVER AND
TRIBUTARIES, TEXAS FEASIBILITY STUDY
NOW, THEREFORE, 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 a Federal Cost Sharing Agreement between the Department of the Army and
Nueces River Authority, City of Corpus Christi, San Antonio Water System, San Antonio
River Authority, And Guadalupe-Blanco River Authority for the Nueces River and
tributaries, Texas Feasibility Study.
SECTION 2. The Nueces River and tributaries, Texas Feasibility Study is a multi-year
project that is estimated to costs $10,000,000. The U. S. Army Corps of Engineers will
fund 50% of the costs of the study, and the local sponsors will fund 50% of the costs.
During the initial year $325,000 is being funded by the Corps of Engineers, and
$325,000 is being funded by the other governmental agencies, including the City of
Corpus Christi. The City's initial cost share of $118,820 is funded from the No. 4010
Water Fund. The total costs for the initial year of the Feasibility Study is $650,000. The
City's obligation for future funding the Feasibility Study is subject to the availability and
appropriation of funds for that purpose by the City Council. However, the agreement
requires the City to use all reasonable and lawful means to secure the future funding.
SECTION 3. The City Manager, or the City Manager's designee, may reject, alter or
terminate the City's participation in the Feasibility Study.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: day of September, 2004.
Samuel L. Neal, Jr.
Mayor
Nueces R~,er Au[h and Army R43B53B1 doc 1
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 Garret[
Bill Kelly
Rex A. Kinnison
John Longoria
Jesse Noyola
Mark Scott
Nueces Rrver Auth and Army R43853B1.doc 2
ORDINANCE
APPROPRIATING $118,820 FROM THE NO. 4010 WATER FUND FOR
THE CITY'S INITIAL COST SHARE UNDER FEDERAL COST SHARING
AGREEMENT BETWEEN THE DEPARTMENT OF THE ARMY AND
THE NUECES RIVER AUTHORITY, CITY OF CORPUS CHRISTI, SAN
ANTONIO WATER SYSTEM, SAN ANTONIO RIVER AUTHORITY, AND
GUADALUPE-BLANCO RIVER AUTHORITY FOR THE NUECES RIVER
AND TRIBUTARIES, TEXAS FEASIBILITY STUDY; AND DECLARING
AN EMERGENCY
BElT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $118,820 from the No. 4010 Water Fund is appropriated for the
City's initial cost share under a Federal Cost Sharing Agreement between the
Department of the Army and Nueces River Authority, City of Corpus Chdsti, San
Antonio Water System, San Antonio River Authority, and Guadalupe-Blanco River
Authority for the Nueces River and tributaries, Texas Feasibility Study.
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: This __. day of
Samuel L. Neal, Jr.
Mayor
,2004:
Dept of Army R43853A2_l.doc
2
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
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
Dept ol Army R43853A2._1 doc
US Army Corps of En~jineers
Nueces River Watershed
F~ibili~ Study
Ronald F. Massey
Assistant City Manager
Public Works and Utilities
September 14, 2004
US Army P. OrlXS of EnSlinem
Reconnmimnce Study of the Nuem
Bm&in W&tmhed
Federal funds are available through Corps of
Engineers (COE) for projects which include
"Ecosystem Restoration" or "Flood Damage
Reduction"
Federal funds can pay for up to 50% of study cost and
65% of construction costs
Projects can include water supply
Iml~rt&nt E~yste-~ Depaadant on
Nueces River System
Hill Country Streams and
Associated Springs
Nueces Delta and Estuary
//~U$ Army Corps of Engineers
Recon~~~ Study Identified 10
Projects
· Flooding downstream of Lake Corpus Christi and throughout
the Nueces Basin
· Recharge enhancement
· Cotulla diversion projects to enhance storage in LCC/CCR
system
· Two-way pipe project to enhance storage in LCC/CCR system
· Desalination
· Treated effluent placement in Nueces Delta
· Water quality in Choke Canyon reservoir
· Stream restoration in the upper Nueces Basin
· Brush management
· Exotic aquatic plant removal
US Army C~])s of Engineer&
Reconnaissance Study of the
Nueces Basin Watershed
To move forward to the feasibility phase, each project
requires a local sponsor
C;Ity hms mn interest in the outcome of any
feasibility studies in the Hueces River
Blminl
/Projects Selected to iMove Forward
to Fe~lsibilil~ Phase
Desalination project at Barney Davis
Cotulla diversion to enhance Choke Canyon storage
Two-way pipe project between CCR and LCC to
minimize channel losses
Additional wastewater diversions to Nueces River Delta
Recharge enhancement projects with appropriate
mitigation for City
Brush control
tudy P&rticipan
Co-sponsors
· Army Corps of Engineers
· City of Corpus Christi
· San Antonio Water System (SAWS)
· San Antonio River Authority (SARA)
· Guadalupe Blanco River Authority (GBRA)
° Nueces River Authority (NRA)
Other Interested Parties
° Edwards Aquifer Authority (EAA)
· Region N Water Planning Group (Region N)
Accomplishments to Date
Identified co-sponsors
Developed Project Management Plan,
includes phasing of projects and clear
stopping points
Developed Federal Cost Share Agreement
Fedmll Cost Share Agrl4ment Covers:
Obligations of the Parties
Method of Payment
Study Management and Coordination
Termination or Suspension
As well as: Disputes, Maintenance of R.ecords,
Relationship of Parties, Prohibition Against
Lobbying and Obligations of Future
Appropriations
Total Project ~t and ~,o~pon~or Share
Co-sponsor
San Antonio Water System
City of Corpus Christi
Nueces River Authority
San Antonio River Authority
Guadalupe Blanco River
Authority
Total Sponsor Share
USACOE Share
Total
%Share
27.525%
18.280%
0.970%
2.150%
1.075%
50.00%
50.00%
Cost
$2,752,5O0
$1,828,000
$97,000
$215,000
$107,500
$5,000,000
$5,000,000
SI0,000,000
Staff Recommends Approval of the Resolution and
Ordinance