HomeMy WebLinkAboutAgenda Packet City Council - 09/28/2004
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AGENDA
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD
SEPTEMBER 28, 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 address the Council at approximately 12:00 p"m" or at the end
of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name
and address" Your presentation will be limited to three minutes.. If you have a petition or other information perlalning to your
subject, please present it to the City Secretary.
Si Usted desea dirigirse al Concilio y cree que su ingJes as limitado, habra un interprete ingles-espanol en todas las juntas
del Concilio para ayudarle~
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to
contact the City Secretary's office (at 361-880-3105) at least 48 hours in advance so that appropriate arrangements can be
mads"
A. Mayor Samuel L. Neal, Jr. to call the meeting to order.
B. Invocation to be given by Reverend Darrell Tomasek, Lexington Baptist Church.
c. Pledge of Allegiance to the Flag of the United States.
D. City Secretary Armando Chapa to call the roll of the required Charter Officers.
Mayor Samuel L. Neal, Jr.
Mayor Pro Tern Javier Colmenero
Council Members:
Brent Chesney
Melody Cooper
Henry Garrett
Bill Kelly
Rex Kinnison
Jesse Noyola
Mark Scott
City Manager George K. Noe .
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
E. MINUTES:
1. Approval of Regular Meeting of September 21, 2004. (Attachment #1 )
Agenda
Regular Council Meeting
September 28, 2004
Page 2
F. BOARDS & COMMITTEE APPOINTMENTS: (NONE)
G. EXPLANATION OF COUNCIL ACTION:
For administrative convenience, certain of the agenda items are listed
as motions, resolutions, or ordinances. If deemed appropriate, the City
Council will use a different method of adoption from the one listed; may
finally pass an ordinance by adopting it as an emergency measure
rather than a two reading ordinance; or may modify the action specified.
A motion to reconsider may be made at this meeting of a vote at the
last regular, or a subsequent special meeting; such agendas are
incorporated herein for reconsideration and action on any reconsidered
item.
H.
CONSENT AGENDA
Notice to the Public
The following items are of a routine or administrative nature" The Council has
been furnished with background and support 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 citizen, 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.
CONSENT MOTIONS. RESOLUTIONS. ORDINANCES AND ORDINANCES
FROM PREVIOUS MEETINGS:
(At this point the Council will vote on all motions, resolutions and ordinances not
removed for individual consideration)
2. Motion approving a supply agreement for approximately 3,714
boxes of garbage can liners in accordance with Bid Invitation No.
BI-0116-04 with Corporate Express, Corpus Christi. Texas, based
on low total bid, for an estimated annual expenditure of
$41,329~68. The term of the agreement shall 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. Funds are available from the
Warehouse Inventory for FY 2004-2005. (Attachment #2)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
September 28, 2004
Page 3
3. Motion approving a supply agreement with Fox Scientific, Inc.,
Alvarado, Texas for laboratory supplies consisting of various
chemicals and supplies in accordance with Bid Invitation No. 81-
0108-04, based on low bid for an estimated annual expenditure
of $70,000. 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. Funds have been budgeted in FY
2004-2005 by the Water and Health Departments. (Attachment
#3)
4. Motion approving a supply agreement with Bay, Ltd., Corpus
Christi! Texas for approximately 20,000 tons of hot mix asphalt in
accordance with Bid Invitation No. 81-0001-05 based on low bid
for an estimated annual expenditure of $711,200. The term of
the agreement shall be for twelve months with an option to extend
for up to two additional twelve-month periods, subject to the
approval of the suppliers and the City Manager or his designee.
Funds have been budgeted by Street Services in FY 2004-2005.
(Attachment #4)
5.a. Resolution authorizing the City Manager or his designee to accept
a grant in the amount of $91,999 from the United States
Department of Justice, Bureau of Justice Assistance, for funding
eligible under the FY 2004 Local Law Enforcement Block Grants
Program to purchase law enforcement equipment for the Police
Department; with a city match of $10,222 in the No. 1061 Fund,
for a total project costs of $102,221. (Attachment #5)
5.b. Ordinance appropriating $91,999 from the United States
Department of Justice, Bureau of Justice Assistance in the No.
1061 Police Grant Fund to purchase law enforcement equipment
for the Police Department~ (Attachment #5)
6.a. Resolution authorizing the City Manager or his designee to accept
an amendment to the immunization grant from the Texas
Department of Health in the amount of $48, 117 for personnel,
fringe benefits, travel, and supplies for an immunization program.
(Attachment #6)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
September 28, 2004
Page 4
6.b. Ordinance appropriating $48,117 from the Texas Department of
Health in the No. 1066 Health Grants Fund for personnel, fringe
benefits, travel, and supplies _ to maintain an immunization
program. (Attachment #6)
7. Ordinance transferring $1, 141 ,876 from the No. 1020 General
Fund to the No. 1067 Park and Recreation Grants Fund: and
appropriating the $1, 141 ,876 as city matching fu nds for the Senior
Community Services Program. (Attachment #7)
8. Motion authorizing the City Manager or his designee to assign the
contract with KJK Construction in the amount of $142.967 for the
Americans with Disabilities Act Compliance Curb Ramp
Improvements at Old Robstown Road and Ayers Street to
CamRett Corporation of Corpus Christi, Texas. (Attachment #8)
9. Motion authorizing the City Manager or his designee to execute a
Contract for Professional Services with LNV Engineering, Inc., of
Corpus Christi, Texas in the amount of $331,022 for the
Willow/Brawner Parkway Proctor Channel Outfall Project.
(Attachment #9)
10. Resolution supporting the creation of a regional park by the
Coastal Bend Regional Park Foundation, Inc. (Attachment #10)
11. Resolution authorizing the City Manager or his designee to donate
surplus Fire and Emergency equipment to the Texas Forest
Service under the Volunteer Fire Department Helping Hands
Program, as provided in Section 88..106 Texas Education Code.
(Attachment #11 )
12..a~ Motion approving the Transmission and Grid Main Construction
and Reimbursement Agreement submitted by Nasser
Farahnakian, owner and developer of Overland Meadows. Unit 3
subdivision located east of McKinzie Road. south of Leopard
Street for the installation of 816 linear feet of a 12-inch PVC water
grid main~ (Attachment #12)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
September 28, 2004
Page 5
12.b. Ordinance appropriating $24,955.78 from the Water Arterial
Transmission and Grid Main Trust Fund No. 4030..540450 to pay
developer reimbursement request for the installation of 816 linear
feet of a 12-inch PVC water grid main to develop Overland
Meadows, Unit 3 Subdivision. (Attachment #12)
13. Ordinance authorizing the City Manager or his designee to execute
a Participation Agreement with MPM Development, L.L.C., owner
and developer of Royal Creek Estates, Unit 1 subdivision, for
public street improvements on Excalibur Road, an urban roadway
abutting a dedicated public park, in accordance with the Platting
Ordinance, not to exceed $29,949 for City's share of costs of the
improvements. (Attachment #13)
14. Second Reading Ordinance - 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 050 Beach Municipal Golf Course.
(First Reading 8/31/04) (Attachment #14)
15. Second 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 Calallan (Five Points). by approving and
adopting the Wastewater Collection System Master Plan - Allison
SelVice Area, as shown in Attachment 1. (First Reading 9/14/04)
(Attachment #15)
I. PUBLIC HEARINGS: (NONE)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
September 281 2004
Page 6
J. PRESENTATIONS:
Public comment will not be solicited on Presentation items..
16.. Regional Transportation Authority Annual Report. (Attachment
#16)
17. Corpus Christi Convention & Visitors' Bureau Quarter1y
Presentation. (Attachment #17)
18. Presentation on the Memorial Bench and Tree Project by a
representative of Friends of the Parks. (Attachment #18)
19. Update on the City's Non-Discrimination Ordinance. under the
Human Relations Chapter 24 of the City Code of Ordinances -
"Discrimination Against an Individual with a Disability".
(Attachment #19)
K. REGULAR AGENDA
CONSIDERATION OF MOTIONS. RESOLUTIONS. AND ORDINANCES:
20. Motion authorizing the City Manager or his designee to execute a
construction contract with Jalco, Inc., of Houston. Texas in the
amount of $2,340,347,,20 for the Meadowbrook Subdivision Area
Drainage Improvements Project. (Attachment #20)
21. Ordinance appropriating a $7,000 annual grant provided by cable
operators in the General Fund Reserve for access studio
equipment. (Tabled on 9/14/04) (Attachment #21)
L. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT
SCHEDULED ON THE AGENDA WILL BE HEARD AT
APPROXIMATELY 12:00 P.M. OR AT THE END OF THE
COUNCIL MEETING. WHICHEVER IS EARLIER. PLEASE LIMIT
PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO
ADDRESS THE COUNCIL DURING THIS TIME PERIOD,
PLEASE SIGN THE FORM A T THE REAR OF THE COUNCIL
CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A
recording is made of the meeting; therefore, please speak into the microphone
located at the podium and state your name and address. If you have a petition
or other infonnation pertaining to your subject, please present it to the City
Secretsty,,)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
September 28, 2004
Page 7
Si usted sa dirigs a la junta y cree que su ingles as limitado, habra un int~rpret8
ingles-espaifol en Is reuni6n de Is junta para ayudarle.
PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF
PERSON, OR MEMBERS OF THE AUDIENCE SHALL SERA TE,
EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL
DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL
MEMBERS, OR THE PUBLIC A T ANY COUNCIL MEETING.
THIS POLICY IS NOT MEANT TO RESTRAIN A CITlZEN1S
FIRST AMENDMENT RIGHTS.
M. EXECUTIVE SESSION:
PUBLIC NOTICE is given that the City Council may elect to go into
executive session at any time during the meeting in order to discuss any
matters listed on the agenda, when authorized by the provisions of the
Open Meeting Act, Chapter 551 of the Texas Government Code, and
that the City Council specifically expects to go into executive session on
the following matters. In the event the Council elects to go into
executive session regarding an agenda item, the section or sections of
the Open Meetings Act authorizing the executive session will be publicly
announced by the presiding office.
22. Executive session under Texas Govemment Code Section
551.071 for consultation with attorney regarding the use of public
rights-of-way and property by pipelines, grants of rights therein,
fees therefore, and related matters, with possible discussion and
action related thereto in open session.
23. Executive session under 551.074 of the Texas Government Code
for deliberations regard ing the evaluation of the City Manager t with
possible discussion and action related thereto in open session.
N. REPORTS:
The foJlowing reports include questions by Council to staff regarding City
policies or activities; request by Council for information or reports from
Staff; reports of activities of individual Council members and Staff;
constituent concerns; current topics raised by media," follow-up on staff
assignments; scheduling of future Council meetings and activities; and
other brief discussions regarding city-related matters.
24. CITY MANAGER'S REPORT
*
Upcoming Items
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
September 28, 2004
Page 8
25. MAYOR'S UPDATE
26. COUNCIL AND OTHER REPORTS
o. ADJOURNMENT:
POSTING STATEMENT:
This agenda was posted on the City's official bulletin board at the front entrance
to City Hall, 1201 Leopard Street at 1 :30 p.m., Seotember 24
2004.
~ (!f; ~
Armando Chapa L
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 Friday
before regularly scheduled council meetings. If technical
problems occur, the agenda will be uploaded on the Internet
by Monday morning.
Symbols used to highlight action item that implement
council priority issues.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
1
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
September 21, 2004 - 10:02 a.m.
PRESENT
Mayor Samuel L. Neal Jr"
Mayor Pro Tern Javier Colmenero
Council Members:
Brent Chesney
Melody Cooper
Henry Garrett
Bill Kelly
Rex Kinnison
Jesse Noyola
Mark Scott
City Staff:
City Manager George K. Noe
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
Mayor Neal called the meeting to order in the Council Chambers of City Hall. The
invocation was delivered by Deacon Fino Palacios of the Corpus Christi Cathedral and the Pledge
of Allegiance to the United States flag was led by Council Member Chesney. City Secretary Chapa
called the roll and verified that the necessary quorum of the Council and the required charter officers
were present to conduct the meeting. Mayor Neal called for approval of the minutes of the regular
Council meeting of September 14,2004. A motion was made and passed to approve the minutes
as presented.
* * * * * * * * * * * * .*
Mayor Neal called for consideration of the consent agenda (Items 2-15). City Secretary
Chapa announced Council Member Noyola would be abstaining from the vote and discussion on
Items 2, 9, and 10. Mr.. Bill Kopecky, 4609 Topeka, requested that Item 12 be discussed. C.ouncil
Member Kelly requested that Item 7 be discussed. A motion was made and passed to approve Items
2 through 15, constituting the consent agenda, except for Items 7 and 12, which were pulled for
individual consideration. City Secretary Chapa polled the Council for their votes as follows:
2. MOTION NO. 2004-358
Motion approving the purchase and installation ofbi-directional radio amplifier system from
Dailey & Wells Communications, Inc., San Antonio, Texas in the amount of $44,712.22.
This award is exempt from the competitive bidding statutes" Funds are available from the
Airport Capital Improvement Program bond funds~
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, and Scott, voting "Aye"; Noyola abstained.
Minutes - Regular Council Meeting
September 21, 2004 - Page 2
3~a. MOTION NO. 2004-359
Motion to accept a grant from the Texas Health and Human Services Commission in the
amount of$206,451 from the Child and Adult Care Food Program (CACFP) to provide after
school snacks to youth enrolled in after school enrichment programs for FY 2004-2005.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
3.b. ORDINANCE NO. 025957
Ordinance appropriating a grant in the amount of $206,451 from the Texas Department of
Human Services to operate the Child and Adult Care Food Program in the No. 1067 Park
and Recreation Grants Fund providing for after school supplements for youth enrolled in
approved after school enrichment programs for FY 2004-2005"
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and
Scott, voting "Aye".
3.c~ RESOLUTION NO. 025958
Resolution authorizing the City Manager or his designee to execute an Interlocal
Cooperation Agreement with Corpus Christi Independent School District for the After
School Snack - Child and Adult Care Food Program.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
4. MOTION NO. 2004-360
Motion authorizing the City Manager or his designee to execute a Construction Materials
Inspection and Laboratory Testing Contract in an amount not to exceed $97,546 with
Kleinfelder of Corpus Christi, Texas for the Southside Water Transmission Main, Phases 4
and 4a (Staples Street to Holly Road).
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
Minutes - Regular Council Meeting
September 21, 2004 - Page 3
5. MOTION NO. 2004-361
Motion authorizing the City Manager or his designee to execute Amendment No.2 to the
Contract for Professional Services with LNV Engineering, Inc., of Corpus Christi, Texas in
the amount ofS!1! ,246, for a total restated fee of$980,219 for the Water System Interactive
Hydraulic Model and Analysis.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
6. MOTION NO. 2004-362
Motion authorizing the City Manager or his designee to increase the escrow amount with the
Texas Department of Transportation in the amount of$53,238.24 for the Bear Lane Bridge
project.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
8. MOTION NO. 2004-364
Motion authorizing the City Manager or his designee to execute Change Order No.5 to the
Seawall Contract B..2B with Gunther Nash, Inc., of St~ Louis, Missouri in the amount of
$222,212 for backfill of existing voids and installation of approximately 14,500 square feet
of reinforced concrete paving on the Cooper's Alley L-Head.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
9. MOTION NO. 2004-365
Motion authorizing the City Manager or his designee to execute Change Order No.2 for the
Transportation Security Administration, United States Customs and Border Protection
Offices/Facilities with Beecroft Construction, of Corpus Christi, Texas in the amount of
$46,778 to expedite the Continental Maintenance Facility Build-out.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, and Scott, voting "Aye"; Noyola abstained.
Minutes - Regular Council Meeting
September 21, 2004 .. Page 4
10. MOTION NO. 2004-366
Motion authorizing the City Manager or his designee to execute Change Order No. 59 with
Fulton Coastcon, Inc., a Joint Venture, of Corpus Christi, Texas in the amount of
$1 04,217 ~ 77 for the Corpus Christi International Airport New Terminal Building to
complete exterior Terminal Expansion to address architectural, electrical, and mechanical
modifications~
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, and Scott, voting "Aye"; Noyola abstained.
11. MOTION NO. 2004-367
Motion authorizing the City Manager or his designee to execute an amendment to the
consulting contract with TriData Corporation, of Arlington, Virginia in the amount of
$79,663 approved by the City Council on July 13, 2004 to expand the scope of work to
include a comprehensive analysis of the Corpus Christi Fire Department.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
13. FIRST READING ORDINANCE
Authorizing the City Manager or his designee to execute a five year Lease and Use
Agreement with Corpus Christi Softball Association ("Lessee") for use of City property
(Greenwood Softball Complex) for Lessee's softball program and in consideration of Lessee
maintaining the premises and improvements..
The foregoing ordinance was passed and approved on its first reading with the following
vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye".
14. FIRST READING ORDINANCE
Authorizing the City Manager or his designee to execute a five year Lease and Use
Agreement with South Texas Youth Football League, Ine.. ("Lessee") for use of City
property (Bill Witt Park) for Lessee's Pop Warner Football program and in consideration of
Lessee maintaining the premises and improvements.
The foregoing ordinance was passed" and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"~
Minutes - Regular Council Meeting
September 21, 2004 .. Page 5
15. ORDINANCE NO. 025959
Authorizing the City Manager or his designee to execute a thirty year Lease Amendment to
the Art Museum of South Texas Lease dated March 19, 1996 with the Corpus Christi Art
Foundation, now the South Texas Institute for the Arts, Inc. ("Lessee") for use of city
property (Art Museum of South Texas Building) in consideration of lessee operating the
museum for the benefit of the public and to further public appreciation of art.
The foregoing ordinance was passed and approved on its second reading with the following
vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye".
Mayor Neal opened discussion on Item 7 regarding the storm water master plan project.
Council Member Kelly asked when the storm water master plan project would be completed~ City
Engineer Angel Escobar replied the storm water criteria and design manual would be completed in
December 2004, the public hearings would be held in early January 2005, and Council consideration
was scheduled for February 22,2005" In response to Mr. Kelly's question, Mr. Escobar said the plan
covered the entire city and. the ETJ. City Secretary Chapa polled the Council for their votes as
follows:
7. MOTION NO. 2004-363
Motion authorizing the City Manager or his designee to execute Amendment No.2 to the
Contract for Professional Services with Goldston Engineering, Inc., of Corpus Christi,
Texas, in the amount of $300,000 for a total restated fee of$1,348,480 for the Stonn Water
Master Plan Project.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent.
Mayor Neal opened discussion on Item 12 regarding an agreement for governmental
relations services. Mr. Bill Kopecky, 4609 Topeka, questioned why two-thirds of the funding was
being taken from the water fund when most of the city's areas of intergovernmental concern were
not related to water issues. City Manager Noe replied that all the city's intergovernmental contracts
were spread across the various funds. City Secretary Chapa polled the Council for their votes as
follows:
12. MOTION NO. 2004-368
Motion authorizing the City Manager or his designee to execute an agreement between the
City of Corpus Christi and Meyers and Associates for governmental relations services.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
As an aside, Mayor Neal asked City Engineer Escobar to look into a mold problem on the
roof of the new terminal building. Mr. Escobar replied staff was aware of the problem and had
Minutes - Regular Council Meeting
September 21, 2004 - Page 6
taken a sample of the mold to further investigate. City Manager Noe added the roof material was
supposed to have been mold-resistant"
***..........
Mayor Neal referred to Item 16.a., and a motion was made, seconded and passed to open the
public hearing on the following item:
16.a. Public hearing to amend the Platting Ordinance of the City of Corpus Christi by revising
Section III. I. (3)(f) and Section V. B" (11)@(4) removing the requirement for the Texas
General Land Office written approval of state boundary determination of state owned
submerged lands.
Director of Development Services Barbara Bailey reported the surveying community had
requested this amendment to the Platting Ordinance to remove the current requirement that the State
provided written authorization on a boundary determination of state owned submerged land. She
said Corpus Christi was the only coastal city with this requirement, imposing unnecessary delays
in the platting process. Ms. Bailey said the current requirement for a Licensed State Land Surveyor
was consistent with the natural resource code and the surveying law. She concluded "that the
removal of written authorization from the State would improve the city's development standards in
the coastal areas.
There were no comments from the audience. A motion was made, seconded, and passed to
close the public hearing. City Secretary Chapa polled the Council for their votes as follows:
16~b. ORDINANCE NO. 025960
Amending the Platting Ordinance of the City of Corpus Christi by revising Section III. I.
(3)(f), and Section V. B. (11)<&X4), removing the requirement for the Texas General Land
Office written approval of state boundary determination of state owned submerged lands.
The foregoing ordinance was passed and approved on its second reading with the following
vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting
"Aye".
Mayor Neal referred to Item 17, and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
Case No. 0604-06~ Southwest Phoenix Group. Inc. and Dykeswill~ Ltd.: A change of
zoning from an "AT' Apartment Tourist District to a "B-2A" Barrier Island Business
District.. The property is 4.36 acres out of Mustang Island, Section 2, Block 1, Lot 25,
located on the south side of State Highway 361 and three (3) miles north of Access Road No.
2.
City Secret8.ry Chapa said the Planning Commission and staff recommended the denial of
the ''B-2A'' Barrier Island Business District, and in lieu thereot: recommend the Special Permit
within the "AT" Apartment Tourist District for a retail shopping center subject to 14 conditions and
Minutes - Regular Council Meeting
September 21, 2004 - Page 7
site plan.
Assistant Director of Development Services Michael Gunning explained the property in
question was located north of Mustang Island State Park and in front of Mustang Towers. He said
the purpose of the zoning change request was to allow for the construction of a retail center between
15,000 to 20,000 square feet. He stated staff and the Planning Commission were recommending the
denial of the "A Tn Apartment Tourist District and approval of a Special Permit for the retail
shopping center subject to 14 conditions. He said the conditions reflected and were consistent with
the requirements in the Padre Island Overlay District. Mr. Gunning stated that the applicant had
agreed to the special permit with the 14 conditions.
Mr. Gunning briefly went over a PowerPoint presentation depicting the subject site and the
surrounding areas. He pointed out a large ponding area in front of Mustang Towers which was part
of the subject property. He said the ponding area would be expanded to serve as a drainage basin
for storm water run-off" In addition, Mr~ Gunning stated the Mustang-Padre Island Plan discouraged
strip commercial development occurring on State Hwy. 361.. He said staff was requesting that
developers submit site plans consistent with the adopted plan for the area.
Mr. Robert Bell, president of the Mustang Towers homeowners association, spoke against
the zoning change.. He said the pond on the subject property acted as a retention pond to keep stonn
water from draining onto Mustang Towers property as well as State Highway 361. He also cited
concerns regarding traffic congestion that the proposed retail development would create in the area.
Mayor Neal asked if Mr. Bell had expressed his concerns to the Planning Commission. Mr.
Bell replied he had attended three Planning Commission meetings regarding the matter as well as
sending them correspondence.
Regarding Mr. Bell's traffic congestion concerns, Mr. Scott asked why the homeowners
association did not agree to allow for the use of their access road. Mr.. Bell answered it had not been
proposed to them" Mr. Scott stated the traffic concerns might be resolved if Mustang Towers agreed
to this because it would create one access point.
Regarding Mr. Bell's retention pond concern, Mr. Kelly pointed out the developer was being
asked to keep the retention pond in place or improve it.
Mr.. James Schneider, president of the Southwest Phoenix group and residing at 15706 Cutty
Sarkt spoke in support of the zoning change. He said the proposed site plan met, and in some
instances exceeded, the requirements of the area development plan, and he agreed with the special
permit requirements. He confirmed his intent to keep the retention pond in place to address the
concerns of the residents.
Mr. Ro Wickham, 13729 Eaglesbay Nest, also spoke in support of the zoning change.
A motion was made, seconded, and passed to close the public'hearing. Ms.. Cooper spoke
in support of the proposed project, as long as the developer met the drainage requirements. Mr.
Colmenero also spoke in support of the project.
Minutes - Regular Council Meeting
September 21, 2004 - Page 8
City Secretary Chapa announced Council Member Scott would be abstaining from the vote
on this item. He polled the Council for their votes as follows:
17. ORDINANCE NO. 025961
Amending the Zoning Ordinance, upon application by Southwest Phoenix Group, Inc. and
Dykeswill, Ltd., by changing the zoning map in reference to 4.36 acres out of Mustang
Island, Section 2, Block 1, Lot 25, (currently zoned "AT" Apartment Tourist District) by
granting a Special Permit for a retail shopping center subject to a site plan and fourteen (14)
conditions; amending the Comprehensive Plan to account for any deviations from the
existing Comprehensive Plan.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, and Noyola,
voting "Aye"; Scott abstained.
Mayor Neal referred to Item 18, and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
Case No. 0804-01. Suzanne Scott: A change of zoning from an "A-I" Apartment House
District to a "B-1" Neighborhood Business District. The property is a 0,,258 acre out of
Hampton Addition, Block 1, Lots 1, 2, and 3, located along the west side of South
Carancahua Street and 60 feet south ofCo]eman Street.
City Secretary Chapa said the Planning Commission and staff recommended the approval
of the "B-1 It Neighborhood Business District. He also announced that Council Member Scott would
be abstaining from the vote and discussion on this item.
No one appeared in opposition to the zoning change. Mr. Colmenero made a motion to close
the public hearing, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council for their
votes as follows:
18. ORDINANCE NO. 025962
Amending the Zoning Ordinance, upon application by Suzanne Scott by changing the zoning
map in reference to 0.258 acre out of Hampton Additiont Block 1, Lots 1,2, and 3, from "A-
lit Apartment House District to "B-1.t Neighborhood Business District; amending the
Comprehensive Plan to account for any deviations from the existing Comprehensive Plan.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, and Noyola,
voting "Aye"; Scott abstained.
Mayor Neal referred to Item 19, and a motion was made, seconded, and passed to open the
public hearing on the following zoning case:
Minutes - Regular Council Meeting
September 21, 2004 - Page 9
Case No. 0804-02. Housinfl2000: A change of zoning from an "AB" Professional Office
District, "A-I It Apartment House District with a "SP" Special Pennit, "A-I n Apartment
House District, and "A..2" Apartment House District to a ~'B-5ft Primary Business District.
The property is in Hampton, Block 2, Lots 1 through 12, Furman, Block 2, Lots 1 through
11, Ryan Tract, Lot 0, Bluff Front, Lot T, Furman, Block 1, Lots lA, 2A, 3, 4, and 5,
located along Furman Avenue between South Carancahua and South Water Street"
City Secretary Chapa said the Planning Commission and staff recommended the approval
ofa "B-5" Primary Business District. He also announced that Mr. Scott would be abstaining from
the vote and discussion on this item.
Mayor Neal asked for public comment. Mr. Bob Woolsey of the First United Methodist
Church spoke against the proposed "B-5" district because they were concerned about the other uses
permitted in this district, including auto body shops, bars, warehouses, outside storage, and
nightclubs. Mr. Brian Charles) a new property owner in the area, also spoke against the zoning
change because he felt the developers had not submitted a detailed plan on their proposed
development.
Mayor Neal asked why the applicants were requesting "B-5" zoning when the proposed
development was for three phases ofhigh-rise apartments and mixed use development. Mr. Gunning
said staff would have preferred a plan unit development (P . U.D.) concept rather than "B-5" zoning,
but the developer indicated that investment and financing decisions to this point had been based on
"B- 5" zoning, and any change could jeopardize the project. The developer was requesting the "B-5"
district in order to reduce setback requirements for the development and to allow four-story
buildings on the entire property. They were proposing setbacks in Phases I and II of ten and fifteen
feet. He explained the developer wanted to implement the project in three phases to allow them to
determine whether the first phase is successful before moving on to the next phase.
Mr. Gunning reported that during the public hearing process, residents expressed concern
about the other uses permitted in the "B-5" zoning, including manufacturing, warehousing and
nightclub uses. In response, the applicant has agreed to eliminate the more onerous mini-storage,
bars, warehousing, outside storage, manufacturing, and billboard uses by deed restrictions. He said
the deed restrictions would take place once the sale of the property was final and the ownership
transferred. Mayor Neal pointed out, however, that if the city granted a "B-5" to the subject
property, the ownership of the property could change and then the property could be developed as
the new owner saw fit, including the onerous uses. Mr. Gunning answered staff was recommending
that if the ownership did change, the city would immediately downzone the "B-5" area to a more
appropriate zoning district. Mayor Neal stated that historically, Councils have frowned upon
downzoning cases.
Mr. Chesney asked if the city could grant a special permit to the "B-Su zoning district to
allow the developers to continue with the proposed project yet protect the neighborhood from
onerous uses. Mr ~ Gunning said it was illegal to prohibit uses through a special permit that are
allowed by right in the designated district, known as "contract zoning".
Mr. Kelly asked if it would be possible to grant "AB" District zoning with a special permit
limiting the setback to the applicant's requirements. Mr. Gunning did not believe this would be
Minutes - Regular Council Meeting
September 21, 2004 - Page 10
possible because by law, when the special permit expired, the setback for the base zoning would
apply. Mr. Kelly stated if the project was not built, than the setbacks would not be needed, and if
they built the project, presumably the special permit would not expire~ Mr. Gunning did not
recommend this action, but said he would speak with Director of Development Services Barbara
Bailey to see if there were any other options.
Mr. Chesney spoke in favor of the project, but he was concerned about the more onerous
uses of the proposed "B-5" zoning district. He asked staff what the Council's options were in this
case.. Mr. Gunning replied the Council could ask the applicants to reconsider the PUD zoning. Mr.
Chesney asked staff to develop another way of protecting the neighborhood while allowing the
development to proceed, perhaps with a special permit. Mr. Noyola agreed with Mr. Chesney..
Mr.. Harry Marx, 226 Wilshire, president of the Morris L.. Lichtenstein, Jr. Foundation, said
the foundation owned all the property under rezoning except the Second Baptist Church. He stated
the foundation would be willing to apply deed restrictions to their property as soon as possible to
make the process easier for everyone. He commented the proposed development would benefit and
enhance the city as well as the neighborhood.. Finally, he said the proceeds from the sale of the land
would be used by the Lichtenstein Foundation for community and charitable purposes"
Mr. Paul Koepke, resident of Cliff House, spoke in favor of the project and the zoning
change.
Mr. Chesney asked how the city could proceed with Mr.. Marx's offer to apply deed
restrictions to their property. Mr. Gunning answered if the Council was willing to grant the "B-5"
zoning based on Mr. Marx's commitment, staff could postpone the publication of the zoning
ordinance until after the city received certification that the deed restrictions were filed on the land.
Staff would then publish the zoning ordinance, which would be the effective date of the zoning
change..
Mr. Noyola made a motion to close the public hearing, seconded by Mr~ Colmenero, and
passed. Mayor Neal referred to page 246 in the Council agenda packet, which provided a list of land
uses in the "B-5" zoning district that staff recommended for elimination through deed restrictions
as follows: mini-storage, bars, warehousing, outside storage, manufacturing, and billboard uses.
Upon discussion, the Council concurred that nightclubs, auto repair shops, and boat repair shops
should also be added to the list.
Mr. Woolsey felt the First United Methodist Church Board of Directors would concur with
Mr" Marx's offer. He said the church supported the project, but only had concerns with the zoning.
A motion was made, seconded, and passed to reopen the public hearing. Mr. Jim
Chaimquist, 6203 Beverly Hills, Houston, TX, thanked the Council for their support of the project.
An unidentified gentleman and Mr. Tim Brawley, 715 S. Upper Broadway, also spoke in support
of the project.
Mr~ Garrett made a motion to close the public hearing, seconded by Mr. Colmenero, and
passed. City Secretary Chapa polled the Council for their votes as follows:
19~ ORDINANCE NO. 025963
Minutes.. Regular Council Meeting
September 21, 2004 - Page 11
Amending the Zoning Ordinance, upon application by Housing 2000 by changing the zoning
map in reference to Hampton, Block 2, Lots I through 12, Furman, Block 2, Lots 1 through
11, Ryan Tract, Lot 0, Bluff Front, Lot T, Furman, Block 1, Lots lA, 2A, 3,4, and 5, from
"AB" Professional Office District, "A-l "/SP Apartment House District with a Special
Permit, "A -1" Apartment House District and "A. 2 tI Apartment House District. to"B~ 5"
Primary Business District; amending the Comprehensive Plan to account for any deviations
from the existing Comprehensive Plan.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, and Noyol~
voting "Aye"; Scott abstained..
Mayor Neal referred to Item 20, and a motion was made, seconded, and passed to open the
public hearing on the following zoning case:
Case No. 0804-03~ Wiedy Gunawan: A change of zoning from a "R~lB" One-family
Dwelling District to a "B-1 tt Neighborhood Business District. The property is in Bass
Subdivision, Block 29, Lots A and B, located on the north side of Sandra Lane,
approximately 300 feet east of Airline Road.
City Secretary Chapa said the Planning Commission and staff recommended the denial of
the "B-1" Neighborhood Business District, and in lieu thereof, approval of an "AB" Professional
Office District.
No one spoke 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:
20. ORDINANCE NO~ 025964
Amending the Zoning Ordinance, upon application by Wiedy Gunawan by changing the
zoning map in reference to Bass Subdivision, Block 29, Lots A and B from "R-IB" One-
family Dwelling District to "AB" Professional Office District; amending the Comprehensive
.Plan to account for any deviations from the existing Comprehensive Plan.
An emergency was declared, and the foregoing ordinance was passed and approved with the
. folloWing vote: Neal, Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting
"Aye"; Colmenero was absent.
***********..
Mayor Neal opened discussion on Item 22 regarding the abandoning and vacating of
Seabreeze Drive (tabled from September 14, 2004). City Secretary Chapa announced that Mr. Scott
would be abstaining from the vote and discussion on this item.
Mayor Neal asked for public comment. Ms. Mary Ann Guthrie, 8310 Baylark, expressed
concern about the accuracy of Mr. Larry Urban's cost estimates for the proposed access road.
Minutes - Regular Council Meeting
September 21, 2004 - Page 12
Director of Development Services Barbara Bailey stated that when staff met with the Guthries and
the developers, Mrs. Guthrie said she was now opposed to the first road configuration proposed last
week. She preferred to see a road that continued all the way to Seabreeze Drive to maximize the
access to her property. Ms. Bailey said the parties subsequently agreed to trade the rights-of-way
for Seabreeze Drive, approximately 27,000 square-feet and valued at approximately $27,000, for
the 30,000 square feet required for the new road. This would give the developers a credit of 3,000
square feet, or $3,000 (a dollar per square foot).. Ms. Bailey said the developer would then provide
half of the private sector cost for the road, $62,400 minus the $3,000 credit, for a total of$S9,454.1 O.
Ms. Bailey noted the cost estimates for the road were approximately 25 percent lower than bids the
city would expect to receive because city projects were generally more expensive than private sector
projects. She said Mr.. Urban had presented a number of bids for other private sector projects and
they were all in line with this cost estimate.. She concluded that staff was comfortable with the
accuracy of Mr. Urban's cost estimates. City Secretary Chapa polled the Council for their votes as
follows:
22. ORDINANCE NO. 025965
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
linear feet north of South Padre Island Drive, out of Lot A, Block 2, and Lot A, Block 3,
Southbay Addition Annex; 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: Neal, Chesney, Colmenero, Cooper, Garrett, KellYt Kinnison, and Noyola,
voting "Aye"; Scott abstained.
Mayor Neal called for a recess to hold the Corpus Christi Community Improvement
Corporation Meeting and then to present proclamations.
*****.******.
The Council returned from recess, and Mayor Neal called for petitions from the audience.
Mr. Carlos Torres, 6014 Ayers, spoke in support of the Council's approval of the TriData
Corporation contract to perform a comprehensive analysis of the fire department.
Mr. Chesney asked the Mayor if staff could provide a presentation on the status of the police
and fire training facility. Mayor Neal agreed, saying several Council members also had questions
on outstanding projects. He said he would dedicate time during the Council Comments period for
a discussion.
****..*******
Mayor Neal announced the executive session, which was listed on the agenda as follows:
24. Executive session under Texas Government Code Section 551.074 for deliberations
regarding the duties of Municipal Court Judges and the appointment of full time and/or part
Minutes - Regular Council Meeting
September 21, 2004 - Page 13
time municipal court judges with possible discussion action related thereto in open session.
The Council went into executive session. The Council returned from executive session and
the following motion was passed with the following vote:
24. MOTION NO. 2004~369
Motion appointing Mike Alaniz as Judge of the Municipal Court of Corpus Christi, Texas
effective September 27, 2004 and setting his salary at the same annual salary level as the
other Municipal Court Judges to a term co-terminous with that of the City Council.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent.
***********..
Mayor Neal referred to the presentation on the day's agenda, a regional park proposal by the
Coastal Bend Regional Park Foundation (CBRPF), Incorporated. Mr. Gregory T. Perkes, CBRPF
president, reported the foundation was created in 1994 as a means of creating an equestrian park~
It became evident, however, that an equestrian park would not provide the diversity of use needed
to make the park economically viable. Two years ago, he said the fonner board member regrouped
to promote the idea of a regional park. During the past two years, the group has established a 16-
member board of directors and a 50-60 member advisory board. In addition, Mr. Perkes stated the
board had adopted a business plan and a conceptual to make the park a reality.
Mr.. Perkes stated the group had recently launched a capital campaign to gain financing for
the plan and the land acquisition stage. They also hoped to receive endorsements from government
and non-profit groups in support of the plan, which was the purpose of their visit today. He said
government endorsements were important when applying for state and federal grants. Finally, he
commented the city's Park and Recreation Advisory Committee, the Nueces County Commissioners
Court, and the Coastal Bend Council of Governments had endorsed the project.
Mr. Perkes discussed the plans for the park in more detail, complete with illustrations. He
provided a project overview, stating the park was intended to be a regional oasis designed to
enhance the recreational and outdoor activities of South Texas. The tentatively selected site was a
1,600 acre stretch of land along 080 Creek, just outside the city limits but within the city's ETJ. The
park plan would incorporate a large variety of tall and medium-sized trees compatible with the area,
such as hackberry, cedar elm, ash, pecan, and cottonwoods. He said the park was designed and
patterned on other famous recreational parks, such as Central Park in New York City and Balboa
Park in San Diego. The foundation would be responsible for overall management and maintenance,
while the various activity centers and venues would be operated and maintained by other
organizations known as "leaseholders".
Mr. Perkes reported the plans for the park would be phased over 20 years. The group
believed portions of the plan for the main entrance, the CBRPF headquarters building, the Asian
Gardens, the Museum District, the equestrian facility, and the Kid's Park could be funded and
implemented in five years time"
Minutes - Regular Council Meeting
September 21, 2004 - Page 14
Mr. Perkes provided details on each of the proposed sectors of the five-year plan. The main
entrance would feature sculptural fountains designed by a local renowned artist, and flowering beds
surrounding a tiled pavilion. The CBRPF headquarters building would house classrooms, park
management offices, and the park gift shop, as well as the park ranger station and a" first aid station.
The Asian Gardens would be situated on 50 to 75 acres of land, featuring Asian trees, plants,
sculpture and architectural elements reminiscent of the Far East. He said the Asian Gardens sector
of the park was the highest priority for the group at this time, and the project was being coordinated
with the Asian Cultures Museum & Educational Center. The museum district would house one or
possibly two museum at opening, but would be designed to allow space for additional museums in
the future. The equestrian facility would include stables, provide riding lessons, and a small arena
for a posse area" Finally, the Kid's Park would include green space, play equipment, and sand boxes,
a learning treehouse, and a swimming hole.
Mr.. Perkes said the 20-year plan included the creation of a golf course and a tent and RV
park area. Regarding the golf course, he said most regional parks included a golf course, but since
the city was not ready for another golf course at this time, this was considered a long-range project.
In addition, he reported the Corpus Christi Tennis Association had approached the group to see
about reserving a eight to ten acre portion for a future tennis conference facility..
Mr. Perkes discussed a series of long-term projects beyond the 20-year time frame. He said
the following projects did not have a sponsor in place for fmancing at this time: scouting world,
archery and arms sector, hiking and biking sector, zoological park, research center, and acres of
trees, water, and green space. The scouting world sector would be comprised of 50 to 75 acres with
cabins with twin dorms, central kitchens and common gathering areas, as well as tent camping siteslO
Scouting world would also have climbing walls, ROPES courses, and outdoor skills areas for both
boys and girls of all ages. The archery and arms sector would be designed for archery and arms
enthusiasts, and would include an archery range, pistol range, rifle range for target practice and
training, and a museum devoted to historical arms and weapons. The research center would a state-
of-the-art center where botanists, zoologists, and other related sciences could conduct research
seminars and classes. Finally, the zoological gardens would include a petting zoo, and eventually
evolve as a full-fledged zoological park..
In conclusion, Mr. Perkes asked the Council to consider endorsing this project. Mayor Neal
asked City Manager Noe to prepare a resolution and bring it back to the Council for action at a later
date.
***********..
Mayor Neal called for the City Manager's report. City Manager Noe reported the
Neighborhood Pride Effort was continuing in the Oso Recreation Center area, and the neighborhood
was rallying to curb the gang activity in the area. In addition, MrlO Noe announced the city had
received a $450,000 grant from the UItS~ Fish and Wildlife Service for the construction of 48 new
boat slips in the marina. Finally, he reported the next Council meeting would include the following
agenda items: RT A's annual report; CVBts quarterly update; and consideration of the pipeline
ordinance.
Mayor Neal initiated a discussion on how the Council could use the public information
Minutes.. Regular Council Meeting
September 21, 2004 - Page 15
fonnat to get the facts out about the Bond 2004 special election, noting that early voting for the
election was scheduled to begin in about four weeks. He asked Director of Public Information
Cheryl Soward to report on the city's public infonnation campaign to date~ Ms~ Soward replied staff
was working on a voters guide to be printed in English and Spanish~ The guide had been reviewed
by the legal department and was undergoing a final review by the engineering department. Mayor
Neal asked when the Council would have an opportunity to approve the guide. City Manager Noe
replied the Council would receive a final draft, but would not be asked to formally approve the guide
because, as Bond Counsel JeffLeuschel had pointed out in a previous discussion, the guide could
then be construed as a contract between the Council and the voters.
Mayor Neal asked for more information on the public information campaign~ Ms. Soward
answered the city's website had a Bond 2004/Special election link providing access to press releases,
the voters guide, and the proposed bond package list. F or those citizens without internet access, she
said the voters guide would be widely distributed through media outlets and public meetings pending
fmal approval at the end of this week~ In addition, Ms~ Soward said a Frequently Asked Questions
(F AQS) list would be available on the website and for distribution pending final approval.
Ms. Soward reported staff would also make presentations to a wide variety of organizations
in the city. She said stafIwould make presentations upon request, and they would also make contact
with org~izations they have presented to in the past on civic matters~ Staffwas creating a "stock"
PowerPoint presentation that all presenters would use.
Mr. Noyola emphasized the importance of having all public information materials translated
into Spanish. Ms. Soward replied that all the materials would be available in Spanish.
Mayor Neal asked if a media packet was planned for distribution to all media outlets in
English and in Spanish. Ms. Soward answered affinnatively. He said his main concern was that the
city get the facts out on the special election to every media outlet, organization and group as many
times as necessary.. Mayor Neal asked City Engineer Escobar to have a project status report on
Bond 2000 at the ready, because he had heard comments in the community that the Bond 2000
projects hadn't been completed. He had even heard community talk that the Bond 1986 program had
not been completed~ He asked staff to provide the Council with the presentation schedule as soon
as possible.
Mr. Garrett stated many citizens were concerned about the alleged cost overruns on the arena
and baseball stadium. He said, for example, many citizens were not aware the $30-35 million
figures the city had estimated for the arena during the bond election were only rough estimates~ He
asked staff to provide the facts on the arena and stadium funding. Mayor Neal added there was
similar confusion about the police and fire training facility, and he also asked staff to work on
disseminating the facts on this project.
Mr~ Scott remarked that the public information effort should focus on the city's achievements
as well. Mayor Neal agreed, but said his main concern was to confront the negativity of the
naysayers in the community with factual information~
Mayor Neal called for Council concerns and reports. Mr. Kelly reported that a number of
his constituents had asked if the city could present Cher with the Key to the City. since her concert
Minutes - Regular Council Meeting
September 21, 2004 - Page 16
was opening the new arena. He also asked for an update on the removal of water tanks near the Ben
Garza Gym to make room for the future field of the PALS baseball league. City Engineer Escobar
replied the testing sequence of the pump station that replaces that area was still in progress, and was
scheduled for completion in thirty days. Actual demolition and removal of the old Coldwell water
reservoir tank by Ben Garza Gym would probably start in the second week ofNovember, and should
be completed by the end of the year. Mr. Kelly asked when the baseball fields would be put in.
Director of Parks and Recreation Sally Gavlik replied the city would use CDB"G funds to develop
the master plan for the area. Staffwould obtain cost estimates on the work and then secure funding.
Mr. Kelly asked if the project would be included in the next round ofCDBG. Ms. Gavlik replied
negatively.
Mr. Kinnison asked for more information on the voters guide. Director of Public Information
Cheryl Soward replied the booklet was 24 pages long and would be 4.5 inches by 5.5 inches.. He
asked how the information would be distributed. Ms. Soward said the information would be
distributed at presentations and public facilities (libraries, city hall, etc.). Mr. Kinnison asked
whether the Council could assume an advocate's role if present at a city-sponsored presentation.
City Attorney Mary Kay Fischer recommended the Council provide factual information only at a
city-sponsored presentation, and refrain from assuming an advocate's role. Mr. Kinnison asked if
the Council were active with a non-city sponsored group, could they advocate for issues in the
special election in that capacity. City Attorney Fischer replied affirmatively, since in that case they
would be acting as a private citizen. Mayor Neal asked if a Council member was asked to make a
presentation on the election and he wished to advocate for it, could the voters guide be handed out
at the presentation. City Attorney Fischer replied she would not recommend that a Council member
hand out any information on the election because it could be perceived as approval.. Mayor Neal
asked if city staff could hand out the information.. City Manager N oe answered affirmatively, adding
that if the Council had any questions or concerns on election issues to contact Ms. Fischer on a one-
on-one basis.
Mr. Garrett asked who was responsible for mowing the right-of-ways and alleyways in the
city, the property owner or the city? Mr. Noe replied it was the adjacent property owner in most
cases, including alleyways.. Mr.. Garrett asked ifit would be possible to "finish McArdle Road by the
end of November instead of December to prevent headaches during the holidays. City Engineer
Escobar replied he would look into it..
Mr. Scott remarked he had noticed "an increase in graffiti in the southside of town over the "
last 30 to 60 days. He had received reports that the Sherwin Williams store and Denny's Restaurant
had been targeted recently. He asked for a report from the police to see if they also felt there was
a problem, and if so, what could be done about it. Mayor Neal agreed with Mr. Scott's assessment,
and Council Member Colmenero commented he had recently noticed a similar increase in graffiti
in the central and west side of town. City Manager Noe replied the Graffiti Wipe-Out Program had
transferred recently from the Junior League to the Volunteer Center, and since that time the effort
had not had the same results in tenns ofresponse and public awareness. He said staffwould provide
a report. Mr. Scott commented the medians near 1-37 and downtown and Ennis Joslin needed
mowing. City Manager Noe replied the city was responsible for mowing those areas, but due to the
ozone action days and rain recently, staff had not mowed and would need to catch up. Mr. Scott
stated when the talk about building a skate park had first commenced, the First Baptist Church had
offered to build one'ifthere was not going to be another skate park downtown. The Junior League
Minutes · Regular Council Meeting
September 21, 2004 - Page 17
at that time had said they were going to build their skate park at the Boys and Girls Club, so First
Baptist Church proceeded with their skate park project. Now, he said the Junior League was looking
at building their skate park in one of the parks around First Baptist Church downtown. Mr. Scott
stated the city was obligated to include the First Baptist Church in the dialogue with the Junior
League. City Manager Noe replied there would be a public input period before any decision was
made, and the First Baptist Church would be included in the dialogue.
Mr. Colmenero reported there were a number of major potholes at the intersection of the
Gol1ihar and Ayers construction site. He asked City Engineer Escobar to repair them as soon as
possible. '
Mr.. Noyola asked if the city were to build a skate park at a city park, would they face
liability issues" City Manager Noe replied cities were protected from liability issues regarding skate
parks by statute. Mr. Noyola asked if there would be any fees for use at a city skate park" Mr. Noe
replied negatively, saying the park would be free to the public. He also said a city park would not
require staffing, like the Boys and Girls Club site. Mr. Noyola also said he had received complaints
regarding high weeds on city property while citizens were being fined for having high weeds on
their property. City Manager Noe remarked the city had to mow not only their property, but often
had to mow the property of citizens who had neglected to mow.. He said the city was behind in their
mowing but would catch up. Mr. Noyola also expressed concern about reports that Cher's fan club
had reserved a large number of tickets for her Corpus Christi show. He said this was not fair to local
citizens who were paying for the facility yet were not able to buy a ticket to the sold-out show. He
asked if there was any way the number of tickets purchased could be limited. Mr. Noe replied there
was a limit of eight tickets per transaction. Mr. Noyola said he had heard differently. Mr. Noe said
staff would provide a report
Regarding the skate park issue, Mr. Kinnison suggested the city look at alternate sites besides
those in the downtown area, such as Swantner Park. Mr. Noe replied the project was being
sponsored by the Junior League, who had expressed a desire for a more central location, like the
downtown area. He said he could schedule the Junior League to make a presentation at a Council
meeting or he could convey their concerns and ask the Junior League to respond.. Mayor Neal
interjected when the Junior League proposal was first brought to the Council, they named the Boys
and Girls Club as the skate park site. Mayor Neal said he approved the project because it was going
into an area that desperately needed facilities. He said he wasn't sure he would have voted for the
project on Cole Park. City Manager Noe answered he would schedule a presentation with the Junior
League.
Mayor Neal said across from the arena site, a parcel of private property was being choked
to death by the arena construction. He asked staff to address parking and access issues for this
property. Mayor Neal also asked Mr. Chapa and Mr. Noe to place the evaluation of the city manager
on the agenda next week for completion. He also said he had received a letter which he would like
placed on the agenda for next week. In addition, he mentioned the unsuccessful attempt of the Pearl
Harbor Survivors Association to rename the Harbor Bridge. He asked .Mr~ Chapa and staff to move
quickly on designating the approach to the Harbor Bridge or something of that nature to recognize
the survivors before the end of the year. Finally, he asked for an update on the downtown drainage
improvements within the next two weeks. City Engineer Escobar replied an update was planned for
inclusion in the city manager's packet this Friday.
Minutes - Regular Council Meeting
September 21, 2004 · Page 18
There being no further business to come before the Council, Mayor Neal adjourned the
Council meeting at 1:44 p.m" on September 21, 2004.
.............
2
AGENDA MEMORANDUM
RECOMMENDATION: Motion approving a supply agreement for approximately
3,714 boxes of garbage can liners in accordance with Bid Invitation No~ BI-0116-04 with
Corporate Express, Corpus Christi, Texas, based on low total bid, for an estimated annual
expenditure of$41,329~68~ The term of the agreement shall 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. Funds are available from the
Warehouse Inventory for FY 04-05.
************************************************************************
BACKGROUND:
Purpose:
The garbage can liners, ranging in size from 16 gallon to 55
gallon capacity, will be purchased for Warehouse Inventory
and used by various departments throughout the City. The
major users of the larger liners are Park and Recreation,
Aviation, Convention Center, Coliseum and Solid Waste
Services. The major user of the smaller liners is City Hall.
Previous Contract:
The option to extend the current contract was not exercised
due to the vendor's inability to maintain contract pricing~
Bid Notices Issued:
Twelve
Bids Received:
Eight
Price Analysis:
Pricing has increased 6% since the last bid of 2002~
Award Basis:
Low Total Bid~
Alamo Iron Works, Corpus Christi, Texas submitted the
low bid for bid item 1 at $11~15~ Corporate Express,
submitted the second low bid at $11.58. The $227~04
annual price difference does not justify awarding and
administering two separate contracts.
Funding:
Warehouse Inventory -
520210-5010-40000
$41,329.68
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3
COUNCIL MEMORANDUM
RECOMMENDATION: Motion approving a supply agreement with Fox Scientific, Inc., Alvarado
Texas for laboratory supplies consisting of various chemicals and supplies in accordance with Bid
Invitation No~ BI-OI08-04, based on low bid for an estimated annual expenditure of $70,000. 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. Funds have
been budgeted in FY04/05 by the Water and Health Departments.
******************************************************************************
Purpose:
These chemicals and laboratory supplies will be used in the Water and
Health Laboratories for their everyday chemical and bacteriological
testing of water, wastewater and storm water samples~
Previous Contract:
The option to extend the previous contract has been exercised, requiring
the City to issue new bid invitations.
Bid Invitations Issued:
Six
Bids Received:
Two
Basis of Award:
Low bid
The City expects to spend approximately $70,000 annually for this
contract. The actual number of chemicals and supplies are variable,
depending upon the demand of the Health Department and the Water
Laboratory use during the year..
For evaluation purposes, the bid tabulation is based on the most common
types of chemicals and supplies purchased during the past twelve
months. Bidders were requested to bid a percentage discount from the
manufacturer's price list based on the estimated annual expenditure for
all chemicals and supplies. The estimated expenditure for chemicals and
supplies is $70,000. The discounts will be applied to all chemicals and
supplies listed in the manufacturer's price list.
Funding:
Health Department
520030-1066-00000-830886
$40,000.00
Total:
30~OOO.OO
$70,000.00
Water Department
520030-4010-31700
ESTIMATED ANNUAL EXPENDITURE $70,000
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
BID TABULATION
711104
BID INVlT A liON NO.: 8I-010f3..04
LABORATORY SUPPLIES
BUYER: MARIA GARZA
FOX SCIENTI FIC, I NC~ VWR INTERNATR10NAL
ALVARAfXJ. TEXAS SUGARLAND. TEXAS
Item Desaiption Grade Unit Qty Unit Price Total Unit Price Total
CHEMICALSI REAGENTS
1 Buffer (liquid for standardization, color coded) pH7.0 20 liter 36 $27.36 $984.96 18.02 $648.72
2 Buffer (liquid for standardization, color coded) pH 10.0 20 liter 36 27.36 984.96 20.95 754.20
3 Buffer pHS 20 Liter 30 29.26 877.80 41.07 1,232.10
4 TISAB 4 liter 40 34.00 1,360.00 56.45 2,258.00
5 Acetate buffer 20 liter 40 99.50 3,980.00 127. 1 0 5t084.00
6 Polyseed-NX CeDD capsules USEPA 50/Pkg 16 86.65 1,386.40 99.36 1 t589.76
7 Polyseed, for BOD USEPA SO/pkg 16 66.07 1,057.12 70.38 11126.08
Total $10.631.24 $12.692.86
Percent discount 30-620/0 8-500/0
MICROBIOLOGY
8 Methanol ACS 1 liter 15 8~65 129.75 13.09 196.35
10 ICON II Hcg kit (50 tests) HYBRITECH kit 5 164.25 821.25 190 .28 951.40
11 Methylene Chloride 1 liter 24 15.71 377.04 21.20 508.80
12 Les endo agar 500 grams 6 59.40 356.40 46.98 281.88
13 Dilution bottles, 99+2ml 72/cs 75 44.34 3,325.50 52.50 3t937.50
14 Dilution bottles, 90+2 ml 72/cs 75 44.34 3,325.50 52.50 3t937.50
Total S8..335~44 $9,813.43
Percent discount . 1 S.580/0 20-300/0
SUPPLIES
15 Ampules, autoclave Controt Spores 10/pkg each 12 17.22 206.64 12.44 149.28
16 Bumer~ Propane 1260 deg. 14" x 2 7/8w long each 24 2B~80 691.20 9.79 234.96
17 Filter Paper f Yvtlatman 1 o O/p kg 120 17.95 ?154.00 28.44 3,412.80
18 Bacti analysis 1000/pkg 35 192.10 6.723.50 269.60 9t436.00
19. Petri dishes, 15mm x 100 mm SOO/es 20 35.25 705.00 33.79 675.80
20' ""'Petri dishes, 50 mm x 11 mm 100/pkg 20 18.04 360 .80 26.56 531.20
21 Thiobags. for sam pie collection 1000/cs 12 127.13 1,525.56 133.30 1 ~599 .60
. ~ S12~ 366.70 $16t039.64
Total
Percent discount. ~ 20.670/0 8w30%
GLASSWARE
. -
22 T est tubes~ 13 mm x 100mm SOO/es 28 106.20 2,973.60 105.95 2~966.60
23 Flasks. 500 ml w/stopper 61pkg 24 140.58 3,373.92 118.62 2,846.88
Total ~~ $6.347.52 $5~813.48
Percent di$Count 41-550/0 15-380/0
Grand Total $37 _ 680 .90 $44t359.41
For evaluation purposes, the bid tabulation is based on the most. common types of
chemicals and supplies purchased during the past twelve months in the Water Deparbnent's
Laboratory and Health Departmentts Laboratory; Bidders were required to bid a percentage of
discount from the manufacturefs price list based on the estimated annual expenditure for aU
chemicals and supplies. The Total estimated annual expenditure for the chemicals and
supplies Is $70,000. The discount will be applied to the chemicafs and supplies.
Si ngle Award
4
Requested Council Date: 9/28/04
COUNCIL MEMORANDUM
RECOMMENDATION: Motion approving a supply agreement with Bay, Ltd., Corpus Christi,
Texas for approximately 20,000 tons of hot mix asphalt in accordance with Bid Invitation No.
BI-OOOI-05 based on low bid for an estimated annual expenditure of $711,200. The term of the
agreement shall be for twelve months with an option to extend for up to two additional twelve
month periods, subject to the approval of the suppliers and the City Manager or his designee..
Funds have been budgeted by Street Services in FY 04-05~
***********************"*******************************************************
Purpose:
This material is used by Street Services to patch utility cuts made
in City streets and to correct pavement irregularities which extend
the life of the pavement and provide a smoother riding surface.
Bid Invitations Issued:
2
Bids Received:
2
Previous Contract:
The option to extend the previous contract has been exercised,
requiring the City to issue new bid invitations.
Price Analysis:
When compared to the previous bid of 2001, pricing has increased
approximately 17 %. The vendor states that the price of liquid
asphalt has risen dramatically due to the high price of crude oil.
Basis of Award:
Low Bid
Funding:
Street Utility Cut Repairs
520130-1020-12420 $ 71,120
520130-1020-12430 $640,080
Asphalt Maintenance
TOTAL
$711,200
CITY OF CORPUS CHRISTI
PURCHASING DEPARTMENT
BID TABULATION
BID INVITATION NO.: 81-0001-05
HOT MIX ASPHALT
BUYER: PAUL PIERCE
BAY LTD. HAAS-ANDERSON
CORPUS CHRISTI, TX CORPUS CHRIST1J TX
UNIT I TOTAL UNIT I TOTAL I
ITEM DESCRIPTION QTY UNIT PRrCE PRICE PRICE PRICE
1.1 HOT MIX ASPHAL T ~ TYPE D 20,000 Ton $35.56 $711,200.00 $38.00 $ 760J 000. 00
TOTAL:
S71'.200~OO
$760,000.00
5
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 09/28/04
AGENDA ITEM:
A~ Resolution authorizing the City Manager or his designee to accept a grant in the
amount of $91 t999 from the U. S. Department of Justice, Bureau of Justice
Assistance, for funding eligible under the FY 2004 Law Enforcement Block Grants
program and to execute all related documents~
B. Ordinance appropriating $91,999 from the U. S. Department of Justice, Bureau of
Justice Assistance in the No. 1061 Police Grant Fund to purchase law enforcement
equipment for the Police Department.
ISSUE: The Department of Justice provides funding opportunities each year in an
effort to reduce crime and improve public safety through various methodsl including the
procuring of equipment, technology, and other material directly related to basic law
enforcement functions~
REQUIRED COUNCIL ACTION: Accepting the grant and appropriating the funds
PREVIOUS COUNCIL ACTION: Approval to submit the grant on 07120/04.
FUNDING: The Law Enforcement Trust has provided the.matching funds each year. This
years match of $10,222 is budgeted in FY 200412005.
CONCLUSION AND RECOMMENDATION: Staff recommends accepting the grant and
appropriating the funds.
Attachments:
BACKGROUND INFORMATION
The Law Enforcement Block Grant program provides funding opportunities to reduce
crime and improve public safety through various methods, including the procuring of
equipment, technology, and other material directly related to basic law enforcement
functions~ Prior to the obligation of any funds received, the City must establish an
advisory board to review the appl.ication and make nonbinding recommendations;
additionally the City must hold at least one public hearing to make the public aware of
the program and its proposed spending plan.
The funds are dispersed by the Department of Justice on the basis of Part One
offenses reported to the FBI through the Uniform Crime Report~ The City reports a
much larger number of Part One offenses as compared to Nueces County, thereby
receiving a greater distribution. of funds. The federal law prav.ides for states to declare
funding disparities if a political subdivision incurs more than 50% of the costs in a given
county or prosecution and incarceration of Part One crimes. In the state of Texas, the
Attorney General has determined that Texas counties are responsible for more than
50% of these costs and has certified this fact to the Bureau of Justice Assistance. With
this certification, the City must share the award with Nueces County. We have agreed
to split the funds 50/50 with the County as we have done since 1999~
The City funds will be used for the following:
Item
Amount
$ 821021
$ 5,000
$ 7,000
$ 8,200
The Law Enforcement Block Grant (LEBG) program has provided a total of $31388,623
in grant funds to the City since the program began in 1996. The funds have been used
to purchase backbone equipment for the Mobil Data/Automated Vehicle Location
project, 27 police package vehicles, 63 unmarked police units, digitized radios, radios
for the Communications van, digital cameras, radars, video camerast personal
computer hardware and software, an upgrade to the computer system and the radio
microwave system, a mobile police substationJ tactical body armor, a SWAT rescue
vehicle, and other police equipment.
U..S.. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
Office of tbe Director
Wa.driltgton, D. C 20531
July 30, 2004
Mr. Noe
City Manager, Corpus Christi City
P. O. Box 9277
1201 Leopard
Corpus Christi, TX 78469-9277
RE: Fiscal Year 2004 Local Law Enforcement Block Grants Program
Dear Mr. Noe:
I am pleased to infonn you that I have approved the application for funding under the
Bureau of Justice Assistance's (DIA) Fiscal Year 2004 Local Law Enforcement Block
Grants (LLEBG) Program in the amount of$91,999 for Corpus Christi City9 The purpose of
the LLEBG Program is to reduce crime and improve public safety. This Block. Grant Award
may be used for any of the purpose areas described in the statute.
Enclosed you will find the Grant A ward and Special Conditions documents. If you have any
programmatic questions regarding this award, please contact BJA's Programs Office at
(202) 514...6638. In addition, all financial questions regarding this award should be
directed to the Office of the Comptroller, Customer Service Division at (8oo) 458-0786~
I look forward to a continuing partnership with Corpus Christi City in furtherance of this
important criminal justice program.
Sincerely yours,
tO/~
Domingo S~ Herraiz
Director
Attachments
U..S.. Department of Justice
Office of Justice Programs
Office/or Civil Rights
WashingtOll, D..C.. 20531
J uly 30~ 2004
Mr. Noe
City Manager~ Corpus Christi City
P. OA Box 9277
1201 Leopard
Corpus Christi, TX 78469-9277
Dear Grant Recipient:
Congratulations on your recent award. Because you have submitted Certified
Assurances that your agency is in compliance with applicable civil rights laws~ this
office bas determined that you have met this requirement in the Department of Justice
regulations governing recipients of Federal financial assistance (see 28 C.F .RA sec.
42.204, Applicants' Obligations). As Director of the Office for Civil Rights (OCR),
Office of Justice Programs, I would like to offer you my assistance in completing the
conditions of these Assurances, specifically Nos. 13~ 14. and 15, as the grant goes
forward.
As you know, equal opportunity for the participation of women and minority
individuals in employment and services provided under programs and activities
receiving Federal financial assistance is required by law. Therefore, if there has been a
federal or state court or administrative agency finding of discrimination against your
agency t please fOlVlard a copy of such order or consent decree, as req uired by
Assurance No. 14, to OCR at the UAS~ Department of Justice, Office of Justice
Programs,. Office for Civil Rights, 810 Seventh Stree~ N.W., Room 8136, Washington,
D.C. 2053 L
A dditionallll."ttTuctions For Grtlnlee.' Receiving $500,000 0, More:
1.
In accordance with Assurance No~ 15, each grantee that receives $500~OOO or more
(or $1,000,000 in an 18... month period), and has 50 or more employees, must
submit an Equal Employment Opportunity Plan (EEOP)within 60 days from the
date of this letter to OCR at the above address~ 1
2~
Altematively~ the grantee may choose to complete an EEOP Short Form, in lieu of
sending its own comprehensive EEOP, and return it to OCR within 60 days of the
date of this letter. This easy-to-follow EEOP Short Form reduces paperwork and
preparation time considerably and will ensure a quicker OCR review and approvaL
The enclosed Seven-Step Guide to the Design and Development of an EEOP
(which includes an EEOP Short Form) will assist you in completing this
requirement~
3.
Please be reminded that the above requirements apply to primary grantees and to
each of their subgrantees or contractors that meet the criteria outlined in this letter.
Therefore, all primary grantees should apprise subgrantees of these
responsiblities and those meeting the criteria should send their EEOPs or EEOP
Short Fonns directly to the Office for Civil Rights within 60 days of the date oftbei
NOTE: If ageDcy lias UDder SO employees, regardless of amoWlt of award, no EEOP is
required; however, grantee must return applicable portion of Certification Form to
OCR within 60 days~
PURSUANT TO THE SPECIAL CONDITION REGARDING EEOPs GOVERNING THIS
AWARD, RECIPIENT ACKNOWLEDGES THAT FAILURE TO SUBMIT AN
ACCEPTABLE EEOP IS A VIOLATION OF ITS CERTIFIED ASSURANCES AND
MAY RESULT IN SUSPENSION OF DRA WDOWN OF FUNDS UNTIL EEOP HAS
BEEN APPROVED BY THE OFFICE FOR CIVIL RIGHTS.
AdditUJlUIllnstr"ctions For Gnmtees Receiving $25,000 Or More, But Under
$500,000:
46 Pursuant to Department of Justice regulations, each grantee that receives $25,.000
or more and has 50 or more employees is required to maintain an Equal
Employment Opportunity Plan (EEOP) on file for review by OCR upon request
(However, if the grantee is awarded $1,000,000 in an eighteen (18) month period,
it must submit an acceptable EEOP to OCR..) Please complete the applicable
section of the attached Certification Form and return it to OCR within 60 days of the
NOTE: If ageney bas under 50 employees, regardless of amount of award, no EEOP is
required; however, grantee must return applieable portion of Certification Form to
OCR within 60 days~
l If you have a1ready submitted an EEOP as part of another award from the OffICe of Justice Programs (OlP) or the
Office of Community Oriented Policing Services (COPS) witbJn this grant period, or if you have certified that no
EEOP is required, it is not necess8l)' for you to submit another at this time. Simply send a copy of the letter you
received from OCR showing that yoor EEOP or certification is acceptable.
AdditionalllL'itrllctiom For Gran.tees Receiving Under $25,000:
5. A recipient of under $25)000 is not required to maintain or submit an Equal
Employment Opportunity Plan (EEOP) in accordance with Assurance No. 15. No
Certification is req uired.
Instructions fOT All Granlee..fi:
6. In addition, aU recipients, regardless of their type, the monetary amount
awarded, or the Dumber of employees in their workforce, are subject to the
prohibitions against discrimination in any funded program or activity. Therefore~
OCR investigates complaints by individuals or groups alleging discrimination by a
recipient of OJP fimding; and may require all recipients, through selected
compliance reviews, to submit data to ensure their services are delivered in an
equitable manner to all segments of the service population and their employment
practices are in compliance with equal employment opportunity requirements. :z
If you have any questions, please call OCR at (202) 307-0690. Additional information
and technical assistance on the civil rights obligations of grantees can be found at:
http://www .ojp.usdoj .gov/ocr/.
Sincerely,
~ J. tu.k-
Michael La Alston
Acting Director, Office for Civil Rights
cc: Grant Manager
Financial Analyst
2 The employment practices of certain Indian Tnbes are not covered by Title Vll of the Civil Rights Act of 1964,42
U .S~Ca sec. 2000e.
u.s. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
o OJP GJ BJA 0 OJIDP
D BJS D NU Dove
AWARD
~ GRANT
D COOPERATIVE AGREEMENT'
PAGE 1 OF 7
CHECK APPROPRIATE BOX
I. GRANTEE NAME AND ADDRESS (Including Zip Code)
Corpus Christi City
P. O. Box 9217
1201 LaJperd
a.pus Cbristit TX 7&469-9271
4. AWARD NUMBER: 2004-LB-BX- 12TI
s. PROJECT PERIOD: FROM
BUDGET PERIOD: FROM
1010112003 10 0913012005
10101t2003 TO 0913012005
lA. GRANTEE IRSIVENOOll NO.
746000576
6.. AWARD DATE 0100J2004
8. SUPPLEMENT NUMBER
7. ACTION
2. SUBGRANTEH NAME AND ADDRESS (Including Zip CoOC)
[!] I nirial
D Supplemental
2A. SUBOR.ANTEE IRSfVENIJOR. NO~
9. I1lEVIOUS AWARD AMOUNT
10. AMOUNT OF llDS AWARD
$0.00
3. PROJECT Tm...E
FY 2004 Local Law Enforcancnt Block. Gnmts
$91t999
ll. IDTALAWARD
$91$999
12. SPECIAL CONDITJONS (~ if appIic:aIHc)
n lHEABOVE GRANT PROJECT IS APPROVED SUBJECT m SUCH CONDITIONS OR UMITATIONS AS ARE SET FORTH
l!J ON mE ATTACHED 6 PAGES
13. ST A TlITORY AUllIORJ1Y FOR GRANT
D
o
D
GJ
~E I OF THE OMNIBUS ClIME CONTROL AND SAFE STJtEETS ACT OF 1968.
42 U S.C. 3701. ET. SEQ~ AS AMENDED
TITLE 2 OF TIlE JUVENILE JUSTICE AND DELINQUENCY PREVEN110N ACT OF 1914
42 US.C. 5601~ ET. SEQ~ AS AMENDED
VJC11MS OF CRIME ACT OF 19R4~ 42 U.S~C. 10601 ~ ET. SEQ~ PUBLIC LAW 98-413t AS AMENDED
OTHER (Spa:ify): Fiscal Y car 2002~ Dcpertrncn1s of Cornrncrcc~ Justicct and SbIlt; the Judiciary t and 'Related Agencies AppropriallooS Act (Pub. L.
No.107-n)
14. FUIURE FISCAL YEAR(S) SUPPORT:
SECOND YEAR'S BUDGET PERIOD~
AMOUNT OF FUNDS:
nIlRD YEAR."S BUOOEf PERIOD:
AMOUNT OF FUNDS:
NlA
NlA
NJA
N1A
TYPE OF FUNDS~
lYPE OF FUNDS:
IS. MErnOD OF PAYMENT
mE fiRAN1EE WlU.ItECEIVE CASH VIA A LETTFJt OF atEDlT
DYES ~NO
AGENCY APP1tQVAL
16. TYJIED NAME AND mLE OF APPItOVING OJP OFFJ:fAL
Domingo S. Hcn:aiz
Director
0ItA.Nn.E ACCEPTANCE.
lB. TYPED NAME AND 1T11..E OF AUlHOJUZF.D GRANTEE OFFICIAL
Gwr-gc 'Hoc
City Ma:oagcr
17 ~ SIGNA TI1RE OF APPROVING OJP OFFIaAL
d),li
19. SIGNATURE OF AUIlIORlZED GRANTEI3
19A. DATE
~ ~
------ -- -~ - ---.----.--.-.-.....-- -- ..............--.- - ~ ......-.-....
20. ACOOUN11NG ClASSIFlCA nON CODES
FISCAL FUND BUD. DlV.
YEAR CODE ACT. OFC. REG.
AGENCY USE ONLY
21. LI8M14
SUB~ POMS
LI02U01277
X B U ~ 00 00
OJP FORM 400012 (REV. 587) PREVIOUS BDmONS ARE OBSOLETE
U.S. DEPARTMENT OF JUSTICE
OFRCE OF JUSTICE PRCKiRAMS
D OJP GJ BJA D OJJDP
o BJS 0 Nil Dave
AWARD CONTINUATION
SHEET
WGRANT
o COOPERATIVE AGREE!-dENT
PAGE 2 OF 7
CHECK APPROPRIATE BOX
PROmCf NUMBER: 2004-LB-BX-1277
AWARD DATE 070012004
SPECL4L CONDITlONS
I. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition
oftbe Office of Justice Programs (OJP) Financial Guide.
2. The recipient agrees to comply with the organizational audit requirements of OMB Circular, A -133, Audits of
States, Local Governments and Non-Profit Organizations, as further described in OJP's Financial Guide,
Chapter 19.
3 ~ The recipient acknowledges that fiillure to submit an acceptable Equal Employment Opportunity Plan (if
recipient is required to submit one pursuant to 28 CFR 42.302), that is approved by the Office of Civil Rights, is
a violation of its Certified Assurances and may result in suspension 01' tenninatioo of funding, until such time as
the recipient is in compliance.
4. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of
the enactmeDt, repeal, modification or adoption of any law, regulatioo. or policy, at any level of government
without the express prior written approval of OJP ~
s. The recipient agrees that federal fi.mds UDder this award will be used to supplement but not supplant state or
local fimds, pmsuant to section 101 (g) of H.R. 728, l04tb Cong. (1995)~
6. The recipient shall submit one copy of all reports and proposed publications resulting from this agreement twenty
(20) days prior to public release. Any publications (~ visual, or sound), whether published at the
recipiettrs or governments expense, shan contain the following statement: (NOTE: This excludes press
releases, newsletters, and issue analysis~)
"This project was supported. by Grant No. 2O()4...LB-BX -1277 awarded by the Bmeau of Justice Assistance,
Office of Justice Programs, u.s. Department of Justice. Points of view in this document are those of the author
and do not necessarily represent the official position or policies of the U.S. Department of Justice."
7. The recipient agrees to provide information required for any national evaluation conducted by the u. s.
Department of Justice.
8. The recipient agrees, if the funds are used for the hiring and employing of new, additional law enforcement
officers and/or support persome~ as described in the applicable pmpose area of Subpart A section 10 1(8)(2) of
H.R 728, 1 04th Con~ (1995), that the recipient unit of local government will achieve a net gain in the number of
law enforcement officers who perform non-adrninistrative public safety service. If the funds are used for the
hiring and employing of new, additional Jaw enforcement officers and/or support personnel, the unit of local
government will establish procedures to give members of the Anned Forces who, on or after October 1, 1990,
were or are selected for involuntary separation (as described in section 1141 of Title 107 United States Code),
approved for separation under section 1174a or 1175 of such title, or retired pursuant to the authority provided
under section 4403 of the Defense Conversion, Reinvestment, and Transition Assistance Act of 1992 (division D
of Public Law 102484; 10 U-S~C~ 1923 oote), a suitable preference in the employment of persons as additional
law enforcement officers or support personnel.
DlP FORM 4(K)()12 (REV. 581) PREVIOUS EDITIONS ARE OBSOLETE
u.s~ DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
D OJP [!] BJA 0 OJJDP
o BJS D NIJ D Dve
AWARD CONTINUATION
SHEET
[!] GRANT
D COOPERATIVE AGREEMENT
PAGE 3 OF 7
CHECK APPROPRlA TE BOX
PR.omcr NUMBER: 2004-LB-BX-1277
AWARD DA 1E 0713012004
SPECUL CONDITIONS CONTINUED
9 & The recipient agrees this award document constitutes the obligation of federal funds for use by the recipient in
execution of the program or project covered by the award Such obligation may be terminated without further
cause if the recipient fails to affirm its timely utilization of the award by accepting the award and special
conditions within 45 calendar days from the date of award.
106 The recipient agrees to submit 1be Request for Drawdown via the Internet system within 90 calendar days from
the date of award, or to have all fedeml ftmds deobligated for redistnbution during the next funding cycle.
11. Local recipients agree to one 24 month obligation and expenditure period, as established at the approval of the
Request for Dmwdown. All funds must be expended by the end ofdlis 24 month period with no exceptions.
12& The recipient agrees to provide and expend a 10 percent cash match (ca1cu1ated as 1/9 of the federal award
amo1D1t) before the end oftbe 24 month obligation and expenditure period~ The recipient is reminded that the
matching fimds are subject to audit under Special Coodition #2 8Dd will be binding to the recipient. Program
incomelinterest eamed OIl Federal funds may not be coosidered as part of recipient's 10 percent cash match~
13. Local recipients are required to establish a trust fund account6 This fund may not be used to pay debts incmred
by other activities beyond the scope of the Local law Enforcement Block Grants PrograJn The recipient also
agrees to obligate and expend the grant ftmds in the trust ftmd (including any interest earned) during the 24 month
period. Grant fiJnm; (including any interest earned) not expended by the end of the 24 month period must be
returned to the Bureau of Justice Assistance (BJA) by the end of the 27th month, along with the final submission
of the Financial Status Report (SF-269A).
14 + The recipient agrees to submit one final progress report via the Internet system at the end of the 24 month
obligation and expenditure period.
15. The recipient agrees, if funds are used by the recipient or subrecipient for enhancing security and/or crime
prevention programs, that the recipient or subrecipieot - -
(a) has an adequate process to assess the impact of any eobancement of a school security measme that is
undertaken under subparagraph (B) of section 101 (aX2), on the incidence of crime in the geographic area where
the enhancement is undertaken, and;
(b) will conduct such an assessment with respect to eacb such enhancement;
(c) will submit to the Bureau of Justice Assistance (BJA) an annual written assessment report; and
(d) will include a summary of the annual assessments conducted dming the term of the grant in the Final Grant
Report to be submitted.
OJP FORM 4OOon. (REV. 587) PREVIOUS EDmoNS ARE OBSOLETE
u.s~ DEPARTMENT OF JUSTICE
OFFICE OF rusncE PROGRAMS
o OJP [!] WA 0 OJIDP
o BJS D NlJ D Dve
AWARD CONTINUATION
SHEET
~GR.ANT
D COOPERATIVE AGREEMENT
PAGE 4 OF 7
CHECK APPROPRIATE BOX
PROJEcr NUMBER: 2004-LB-BX-1277
AWARD DA 1E 07 0012004
SPECl.A.L CONDITIONS CONTINUED
16. The recipient agrees to comply with 28 CPR Part 23 if federal funds are used to support Criminal Intelligence
Systems.
17. The recipient agrees to assist BJA in complying with the National Environmental Policy Act (NEP A) and other
related federal environmental impact analyses requirements in the use of these grant funds, either directly by the
recipient or by a subrecipient. Accordingly, prior to obligating grant funds, the recipient agrees to first determine
if any of the following activities will be related to the use of the grant fmxts~ The recipient understands that this
special condition applies to its following new activities, whether or not they are beiug specifically funded with
these grant fimds. That is, as long as the activity is being conducted by 1be recipient, a subrecipient, or any third
party, and 1be activity needs to be undertaken in order to use 1hese grant funds, 1bis special condition must first
be met The activities covered by this special condition are:
1 ~ New construction;
2. Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National
Register of Historic Places or (b) located within a 1 ()()..year flood plain;
3. A renovabQl\ ~ or any proposed use of a bwlding or facility that will either (a) result in a change in its
basic prior use or (b) significantly change its size; ~
4~ Implementation of a new program. involving the use of chemicals other than chemicals that are (a) pmcbased
as an incidental component of a funded activity and (b) traditionally used, for example, in office, household,
recreational, or educational environments~
Application of This Special Condition to Recipient's Existing Programs or Activities:
For any of the recipients or its subrecipient's existing programs or activities that will be fimded with these grant
funds, the recipient, upon specific request from BJ~ agrees to cooperate with BJA in any preparation by BJA of
a national or program environmental assessment of that funded program or activity.
18. The recipient agrees to ensure that the State Information Technology Point of Contact receives written
notification regarding any information technology project funded by this grant during the obligation and
expenditure period. This is to facilitate communication among local and state govemmental entities regarding
various infmmation technology projects being conducted with these grant fiB:ack. In addition, the recipient agrees
to mainblin an administrative file documenting the meeting of 1bis requiremenL For a list of State Information
Technology Points of Cootac4 go to bttp:l/www~ojp~usdoj .gov/eclstates.htm
DIP FORM 400012 (REV. 587") PREVIOUS EDmONS ARE OBSOLETE
u~s. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
D OIP [!] BJA D OJIDP
o BJS D NU Dove
AWARD CONTINUATION
SHEET
GJ GRANT
D COOPERATIVE AGREEMENT
PAGE 5 OF 7
CHECK APPROPRIATE BOX
PROJECT NUMBE.R.: 2004-LB-BX-12n
AWARD DATE 07130/2.004
SPECIAL COND1TIONS CONTINUED
19 & The recipient agrees that prior to the obligation or expenditure of any LLEBG fimds, at least one (1) public
bearing will be held regarding the proposed use ( s) of the grant fimds. The recipient must also provide verification
to BJA, via the Internet system, of the public bearin~ At the hearing, persons shall be given an opportunity to
provide written and oral views to the recipient on the proposed use(s) of the grant fimds6 The recipient will hold
the public hearing at a time and place that allows and encourages public attendance and participation~ The
recipient may not request a drawdown of funds until1bese requirements are met and the formal budget
allocations are adopted by the recipient.
206 The recipient agrees that prior to the obligation or expenditure of any LLEBG funds, a previously designated or
newly established adviSOIy board will meet to discuss the proposed use(s) of the grant fundsA The recipient will
designate the advisory board to make nonbiDding recommendations on the use(s) offuods under the LLEBG
Program. Membership on the advisory board must include a fepteseatative from 1be following, though it may be
broader:
a) the local police department or sheriffs department;
b) the local prosecutor's office;
c) the local court system.;
d) the local school system; and,
e) a local nonprofit, educational, religious, or colIlDllDlity group active in crime prevention or drog use prevention
or treatment.
The recipient may not request a drawdown of funds UDtil these requirements are met and the formal budget
allocations are adopted by the recipient
21. The recipient has certified it is in compliance with the Public Safety OfficeIS' Health Benefits Provision of the
Fiscal Year 2004, Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Ad (Pub~ L. No. 107 -273) and agrees to remain in compliance during the life of the grant. This
provision requires that the tmit of local government which employs a public safety officer (as defmed by section
1204 of Title I of the Ommbus Crime Control and Safe Streets Act of 1968, as amended) to afford such public
safety officer who retires or is separated ftom service due to injmy suffered as a direct and proximate result of 8
personal injury sustained in the line of duty while responding to an ~ situation or bot pursuit (as such
terms are defined by State law) with the same or better level of health insurance benefits at the time of
retirement or separation as the officer received while on duty ~
22. The recipient agrees that fimds provided under tbis award may not be used to operate a "pay-to-stay" program
in any local jaiL The recipient further agrees not to subaward funds to local jails which operate "pay-to-stay"
programs~
OJP FORM 4000/1 (REV. 587) PREVIOUS EDmONS ARE OBSOLETE
u.s~ DEPARTMENT OF JUSTICE.
OFFICE OF JUS11CE PROGRAMS
o OJP [!] BJA 0 01]oP
o BJS 0 Nil Dove
AWARD CONTINUATION
SHEET
~GRANT
D COOPERATIVE AGREEPdENT
PAGE 6 OF 7
CHECK APPROPRIATE BOX
PROJECr NUMBER: 2004-LB-BX-1277
AWARD DATE 01130/.2004
SPECUL CONDITIONS CONTINUED
23 . Mitigation of Health, Safety, and Environmental Risks
a. General Requirement: The grantee agrees to comply with Federal, State, and local environmental,
health, and safety laws and regulations applicable to the investigation and closure of clandestine
methamphetamine laboratories and the removal and the disposal of 1be chemicals7 equipment, and wastes
used in or resulting from the operations of these laboratories.
b. Specific Requirements: The grantee uoderstaods and agrees that any program or initiative involving
either the identification, seizme, or closure of clandestine methamphetamine laboratories, hereafter
refenoed to as the "Program.., can result in adverse beaItb, safety, and environmental impacts to (1) the law
enforcement and other govetlJDlelJta1 personnel involved; (2) any resid~ occup~ users, and
neighlKn oftbe site of a seized clandestine laboratory; (3) 1be seized laboratory site's immediate and
surrounding environment; and (4) the immediate and smroundiDg enviroomenl of the site(s) where any
remaining chemicals, equipment and wastes from a seized laboratmy's operations are placed or come to
rest.
Therefore, the grantee fUrther agrees that in order to avoid or mitigate the possible adverse health, safety,
and environmental impacts of its Program, it will (I) include the nine, below listed protective measures or
components witbin its Program; (2) provide for their adequate fimding to include funding, as necessary,
beyond that provided by this grant agreement; and (3) implement these protective measures throughout the
life of this grant agreemeDt~ In 80 doing, the grantee understands that it may implement these protective
measures directly through the use of its own reSOllICeS and staff or may secure the qualified services of
other agencies, contractors, or other qualified third parties~
1 ~ Provide medical screening of personnel assigned or to be assigned by the grantee to the seizure or
closme of clandestine methamphetamine Iahoratories;
2~ Provide Occupational Safety and Hea11h Administration (OSHA) required initial aod refresher
training for law enfOrcement officials and other persoonel assigned by the grantee to either the seizure or
the closure of clandestine methamphetamine laboratories;
3~ As determined by their specific duties, equip personnel assigned to the Program with OSHA required
protective wear and other required safety equipment;
4. Assign properly trained personnel to prepare a comprehensive contamination report on each closed
laboratory;
OJP FORM 4000/2 (REV. 587) PREVIOUS EDfTlONS ARE OBSOLETE.
u.s. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
D OlP ~ BJA 0 OJIDP
D BJS D NU Dove
AWARD CONTINUATION
SHEET
[!] GRANT
o COOPERATIVE AGREEMENT
PAGE 7 OF 7
CHECK. APPltOPRIA TE BOX
PROJECT NUMBER.: 2004-LB-DX-1277
AWARD DAlE 07130/2004
SPECIAL CONDITIONS CONTINUED
5. Employ qualified disposal contractors to remove all chemicals and associated glassware, equipment,
and contaminated materials and wastes from the site(s) of each seized clandestine laboratoty;
6. Dispose of the chemicals, equipment, and coo.taminated materials and wastes removed from the sites
of seized laboratories at properly licensed disposal facilities or, when allowable, properly licensed recycling
facilities;
7. Monitor the transport, disposal, and recycling components of subparagraphs numbered 5~ and 6.
immediately above in order to ensure proper compliance;
8. Have in place and implement an inter-agmcy agreement or o1her form of commitment with a
responsJble state environmental agency that puvides for that agency's (i) timely evaluation of the
environmental conditions at and around the site of a closed clandestine laboratory and (ii) coordination with
the responsible party; property owner? or others to ensure 1hat any residual contamination is remediated, if
necessary, and in accordance with existing state and federal requirements; and
9. Include among the personnel involved in seizing clandestine methamphetamine laboratories, or have
immediate access to, qualified personnel who can respond to the potential health needs of any of the
offender( s)' children or other children present or living at the seized laboratory site. Response actions should
include, at a minimum and as necessary, taking children into protective custody, immediately testing them
for methamphetamine toxicity, and arranging for any necessary follow-up medical tests, examinations, or
health care~
c. Additional Requirements: As part of the Request for Drawdown process, the Grantee shall submit a brief
description of its project sufficient for the Office of Justice Programs (OJP) to determine whether any
additional compliance with federal environmental statutes and regulations needs to occur prior to the issuance
ofLLEBG furxJs. Furthermore, once LLEBG funds are issued, the Grantee shall notify OJP if the project
changes significantly from the description in the Request fur Drawdown, or if significant new information is
revealed during the course of the expenditure of LLEBG funds so that OJP can determine whether any
additional environmental analyses need to be completed.
OJP FORM 400012 (REV. 587) PREVIOUS EDITIONS ARE OBSOLEtE
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR THE CITY
MANAGER'S DESIGNEE. TO ACCEPT A GRANT IN THE
AMOUNT OF $91.999 FROM THE U.S. DEPARTMENT OF
. JUSTICE, BUREAU OF JUSTICE ASSISTANCE FOR FUNDING
ELIGIBLE UNDER THE FY 2004 LOCAL LAW ENFORCEMENT
BLOCK GRANTS PROGRAM TO PURCHASE LAW
ENFORCEMENT EQUIPMENT FOR THE POLICE
DEPARTMENT; WITH A CITY MATCH OF $10,222 IN THE NO.
1061 FUND, FOR TOTAL PROJECT COST OF $102,221.
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 $91.999 from the U.S. Department of Justice,
Bureau of Justice Assistance for funding eligible under the FY 2004 local Law
Enforcement Block Grants Program to purchase law enforcement equipment for
the Police Department. The City match for this grant .is $10,222 in the No. 1061
Fund, for total project cost of $102,221.
SECTION. 2. The City Manager. or the City Manager's designee, may. accept,
reject, agree to alter the terms and conditions, or terminate the .grant, if the grant
is awarded to the City.
A neST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: September 22, 2004.
Samuel L. Neal, Jr~
Mayor
By:
Stephen strow
Assistant City Attorney
for City Attorney
Corpus ~sti, Tex~
. 1Z of ~~
.. 12004
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 $91'.999 FROM THE U.S. DEPT. OF JUSTICE,
BUREAU OF JUSnCE ASSISTANCE, IN THE NO. 1061 POLICE
GRANT FUND TO PURCHASE LAW ENFORCEMENT
EQUIPMENT FOR THE POLICE DEPARTMENT; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SEcnON 1. That $91,999.00 is appropriated from the U.S. Department of
Justice, Bureau of Justice Assistance, in the No" 1061 Police Grant Fund to
purchase law enforcement equipment .for the Police Department~.
SEen ON 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 an<;! effective administration
of City affairs and (2) suspends the Charter rule that 'requires consideration of
and voting upon ordinances at two regular meetings so that this ordinance' is
passed and takes effect upon first reading as an emergency measure this the
day of , 2004.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
APPROVED: September 22, 2004.
By: ~R~
Stephe R. strow /
Assistant City Attorney
for City Attorney
Corpus Christi, Texa~h-
~70f
------
. 2004
" Corpus Christi, Texas
day of I 2004
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi , Texas
F or 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: l/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 t
Respectfully I
Samuel L. Neal, Jr. Mayor
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr"
Brent Chesney
Me"lady Cooper
Javier D. "Colmenero
Henry Garrett
Bill" Kelly
Rex A Kinnison
Jesse Noyola
Mark Scott
6
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: September 2~2004
AGENDA ITEM:
Item /Jl. A Resolution authorizing the City Manager. or the City M~nager's designee~ to
accept an amendment to the immunization grant from the Texas Deparbnent of Health
in the amount of $48, 117 for personnell fringe benefits, travel, and supplies for an
immunization program
Item B: An Ordinance appropriating $48, 117 from the Texas Department of Health in
the No. 1066 health grants fund for personnel, fringe benefits, travel. and supplies to
maintain an immunization program
ISSUE: Immunization services are among a variety of preventive heatth services offered by
the Health District that are funded by the Texas Department of Health (TCH).
Immunization funding (Attachment No. 028 to Contract 7460005741-2005) in the amount
of $48. 117 covers personne'. fringe benefits, travel, and supplies to maintain an
immunization program for children, adolescents, and adults. with special emphasis on
children two years of age or younger. Systematic approaches have been designed to
eliminate barriers. expand immunization delivery t and establish uniform policies to
immunize preschool-age children. Attachment No. 028, for immunization services, is an
increase to continue services through December 31,2004.
REQUIRED COUNCIL ACTION: Approval of the contract attachment and appropriation of
funds.
PREVIOUS COUNCIL ACTION: Council approved funding FY03-04.
FUNDING: There is no match funding required.
CONCLUSION AND RECOMMENDATION: Recommend City Council to approve the
contract attachment and appropriate funding for continuation of immunization services.
d
'-/'f1 __
(Department Head Signature)
BACKGROUND INFORMAnON
BACKGROUND: The Texas Department of Health has supported the Health District
Immunizations Program through grant funding for many years. This item is an amendment
with additional funding to the existing $96,222, totaling $1441350, approved contract with
TDH. which runs from 1/1104-12/31104. This contract requires no matching funds. The
Irrmunizations Program of the Health District has provided 37,953 invnunizations to 22,519
persons during the past year. It addition to direct client servicesl the contract supports
promotion of the need for immunizations to the general public and the medical communityt
as well as surveillance and investigation of vaccine- preventable diseases. It also provides
for the Health District to provide audits of schools and day care centers' immunization
practices to assist them" in complying with state requirements for immunization of children.
TEXAS DEPARTMENT OF HEALTH
1100 WEST 49TH STREET
AUSTIN, TEXAS 78756-3199
ST ATE OF TEXAS
COUNTY OF TRAVIS
TDH Document No" 7460005741 2005
Contract Change N~tice No. 07
The Texas Department of Health, hereinafter referred to as RECEIVING AGENCY t did heretofore enter into a contract in writing
with CORPUS CHRlSTI-NUECES COUNTY PUBLIC HEALTH DISTRICf (CITY) hereinafter refe~ to as PERFORMING
AGENCY. Tbe .es thereto now desire to amend such contract attachment(s as follows:
SUMMARY OF TRANSACI10N:
ATf NO. 02B: IM:MUNIZATION DMSION - LOCALS
All terms aDd conditions not hcreb amended remain in full force and effect
EXECt.ITED IN DUPUCATE ORIGINALS ON THE DATES SHOWN"
CORPUS CHRISTI (CITY OF)
Authorized Contracting Entity (type above if different
from PERFORMING AGENCY) for and in behalf of:
PERFORMING AGENCY:
RECEIVING AGENCY: .
CORPUS CHRISTI-NUECFS COUNTY PUBLIC
HEALTH DISTRICT (CITY)
TEXAS DEPARTMENT OF HEALm
By: ~
(Signature of person authorized to sign)
---.-...
By: ,
(Signature of person authorized to sign)
. (Name and Tide)
Bob Btullette, DireCtor
Procurement and Contracting Services Division .
(Name and Tide) .
Date: ~ot.f
Date:
By:
(PERFORMING AG CY Director 9 if different
from person authorized to sign contract
PF PCSD - Rev. 6104
ApprOWd as to form: ~(o~
~~
jsa Agul r --
\sslstant
For City Attorney
Cover Page 1
DETAILS OF ATTACHMENTS
AttI TDH Program Inl Term Financial Assistance Direct Total Amount
Amd TDH Purchase Order Assistance (TDH Share)
No. Number Begin End SoW"CC of Amount
Funds.
01 TBIPC 01/01104 12131104 93.116 91,523~OO 0.00 91,523.00
0000001621
02B IMMILOCALS 01101104 12131104 State 93,,268 144,350J)() OJ)() 144t350~OO
0000001700
03 DIAB/CDSP f17 /0 1104 03(29105 93~988 89 to 10.00 0.00 89,010.00
0000002261
04 TBIPC 09/01104 08131/05 149,797.00 0.00 149,791.00
C03860S000
05 InVISURV .09/01104 08131105 39,716.00 0.00 39,7.16.00
C039131 ()(X)
06 OPHPILPHS 09/01104 08131/05 2227333.00 O~OO 222,333.00
C03928S000
TDH Document No.746000S7412005 Totals $736,729.00 $ 0.00 $736,729.00
Cwlge No. 07
-Federal funds are indi~ed by a number from the Catalog of Federal Domestic AssistaDce (CfDA), if applicable. REFER TO
BUDGET SBCllON.OF ANY ZERO AMOUNT ATTACHMENT FOR DETAILS. .
Cover Page 2
TEXAS DEPARTMENT OF HEALTH
RECEIVING AGENCY PROGRAM: IMMUNIZATION DIVISION
PERFORMING AGENCY: CORPUS CHRISTI-NUECEs COUNTY PUBUC HEALTH DISTRICf (CITY)
CONTRAcr TERM: 01/01104 THRU: 12131104 BUDGET PERIOD: 01/01104 THRU 12/31104
TDHDOC.. NO~ 746OCKlS741200502B CHG~ 07
REVISED CONTRACT BUDGET
FINANCIAL A 58 I~S TAN C E
OBJECf CLASS CATEGORIES CURRENT APPROVED CHANGE NEW OR REVISED
BUDGET (A) REQUESTED (B) BUDGET (C)
P~nnel $71,369..00 $35t685.00 $107,054.00
Fringe Benefits 17,785.00 8,892.00 26,677..00
Travel 1,577.00 788.00 2,365.00
Equipment O~OO O~OO 0..00
Supplies 2,791.00 1,395.00 4.,186..00
Contractual 0.00 0.00 0.00
Other . 2,711.00 1 .357 ~OO 4t068.00
Total Direct Charges . $96,233.~ $48,117..00 $144,350.00
Indirect Charges 0,,00 O~OO 0.00
TOTAL $96,233.00 $48.117.00 $ 144.3S0JlO
PERFORMING AGENCY SHARE:
Program Income O~OO 0.00 0..00
Other Match 0..00 0..00 0.00
RECEIVn;lG AGENCY SHARE $96,233.00 $48,117.00 $144.350..00
PERFORMING AGENCY SHARE $0.00 $0.00 $O~OO
Detail on Indirect Cost Rate Type:
Rate O~OO Base $0.00 Total $0.00
Budget Justification: 08l27"...Increase is to budget remainder of funds to enable contractor to continue services through the end of
the contract term.. pf
Form No. (]c-9
Financial status reports are due the 30th of April, 30th of July, 30th of October, and the 30th of March.
CERTIFICATION REGARDING LOBBYING
CERTIFICATION FOR CONTRACTS. GRANTS.
LOANS AND COOPERATIVE AGREEMENTS
The undersigned eertifies, to the best of his or. her knowledge and beHef that:
(1) No federd appropriated. funds have been paid or wD1 be paid, by or on behalf of the
UDdenigned,. to any penon for infIoeaeiD.g or attempting to influence an officer or aD
employee or any agency, a member of Congress in co~nDectioD with the awarding or any
. federal contract, the making of any federal grant, the making of any federal loan, the
eatering into of any cooperative agreemeot, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or cooperative'
agreement.
. (2) If any fundi other than federal appropriated. funds have been paid or will be paid to
any perIOD for inftuendng or attempting to Iofluence aa officer or employee of any
agency, .. member of Congress, an officer or employee of Congress, or an
. employee of . member of Congress In connectioD with this federal CODtraet, grant,
loan, or cooperative agreement, the uadenlgned shaD complete and submit StaJidard
Form-Ill, '''Dlsdolure Form to Report Lobbying," 10 accordance with it's
. InstrDctiODL ' .
(3) ne uadenlgned shaD require that the language of this certificatiOD be included In the
award dOClUDeu.ts for aU lob.wards at aU tien (iaduding subcontracts, subgraats,
and CODtracts under grants, loans and cooperative agreements) aDd that aU
subredpients shall certify and disclose accordingly.
ThIs eertificatioa is . material representadoD of fact upon which reliance was placed when.
this transaction wu made or entered into. SubmissioD of this certification is a prerequisite
for making or entering into tbis transaction i..~ by Sec~ion 1352, Title 31, U.S. Code.
ADY penon who rails to rde the required certification shall be subject to a civil penalty of Dot
less than 510,000. aDd not more than 5100,000 for each such failure.
Signature
Date
Print Name of Authorized Individual
7460005741 2005-02
Application or Contract Number
CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY)
Organization Name and Address
1702 HORNE ROAD
CORPUS CHRISTI, TX 78469-0000
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S
DESIGNEE, TO ACCEPT AN AMENDMENT TO THE IMMUNIZA liON
GRANT FROM THE TEXAS DEPARTMENT OF HEALTH IN THE
AMOUNT OF $48,117 FOR PERSONNEL, FRINGE BENEFITS,
TRAVEL, AND SUPPLIES FOR AN IMMUNIZATION PROGRAM
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. The City Manager, or the City Manager's designeel is authorized to accept
an amendment to the immunization grant from the Texas Department of Health in the
amount of $48,117 for personnel, fringe benefits, travel, and supplies for an
immunization program~
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: September 7,2004
By: t:..~ ~
Lisa Aguilar
Assistant City Attorney
for City Attorney
Samuel L. Neall Jr.
Mayor
Sep 14 2004 TDH-immunizations.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 $48,117 FROM THE TEXAS DEPARTMENT
OF HEALTH IN THE NO. 1 066 HEALTH GRANTS FUND FOR
PERSONNEL, FRINGE BENEFITS, TRAVEL, AND SUPPLIES TO
MAINTAIN AN IMMUNIZATION PROGRAM; AND DECLARING
AN EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That $48,117 amendment to a grant from the Texas Department of
Health is appropriated in the No. 1066 Health Grants Fund for personnel, fringe
benefits, travel, and supplies to maintain an immunization program.
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.
ATTEST
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuell~ Neal, Jr.
Mayor
Approved: September 7,2004
Lisa Aguilar
Assistant C. Attorney
for City Attorney
Corpus Christi, Texas
Day of
f 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: Ilwe, 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 Le 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
7
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date:
September 28. 2004
ITEM A:
Ordinance transferring $1 , 141,876 from the 1020 General Fund to the No.1 067 Park and
Recreation Grants Fund; and appropriating the $1,141,876 as City matching funds for the
Senior Community Services Program; and declaring an emergency.
ISSUE:
The City matching funds for the Senior Community Services Division were approved in the
Fiscal Year 2005 budget and must be appropriated in the No. 1067 Park and Recreation
Grants Fund.
REQUIRED COUNCIL ACTION:
City Council action is required to authorize the expenditure of funds and appropriate City
matching funds for the Senior Community Services program.
PREVIOUS COUNCIL ACTION:
Council approval is required to authorize City matching funds on an annual basis for the
continuation of the Senior Community Services Programs including the Elderly Nutrition
Program I Retired Senior Volunteer Program, and Senior Companion Program.
FUNDING:
Funds were approved in the FY 2005 City Budget.
CONCLUSION AND RECOMMENDATION:
City Council authorization is requested for the expenditure of funds from the No. 1020
General Fund and appropriate City matching funds in the No. 1067 Park and Recreation
Grants Fund.
if
ark & Recreation Department
BACKGROUND INFORMA liON
The City receives grant funding for the Senior Community Services Program through
federal and state grants. These projects include the Elderly Nutrition Program, Retired and
Senior Volunteer Program and the Senior Companion Program.
All congregate and home delivered meals operations are coordinated through the Elderly
Nutrition Program. This service provides a fully prepared, well-balanced meal to senior
center members and homebound and/or disabled persons throughout the City. The meals
are prepared in the Nutrition Education and Service Center located at the Del Mar College
West Campus. We project to serve 148,743 congrega'e meals and 129,468 home
delivered meals this fiscal year and 853 hours of Benefits Counseling service units.
Senior center operations offer a comprehensive social services component;
recreationlleisure activities; nutrition ad ucation; advocacy; health education; community
education; special interest classes and physical fltnesslwellness programs. This year
marks the 31st Anniversary of the Elderly Nutrition Program.
The Retired and Senior Volunteer Program has proven to be exceptionally beneficial to
both senior citizens and various public and private agencies in Corpus ChristL RSVP
volunteers are individuals 55 years or older who utilize their talents and experience to serve
the needs of the community. During the past grant period over 1,176 enrolled volunteers
contributed over 12,210 hours each month through 116 different non-profit, health care
proprietary and governmental agencies.
The Senior Companion Program (SCP) assists low-income volunteers 60 years and
over who are willing to serve as companions to homebound and elderly persons in the
community. The Companions assist homebound individuals with daily living tasks, such
as meal preparation, respite care, grocery shopping and light housekeeping. Their
assista.nce allows homebound clients to remain in their homes, delaying
institutionalization. There are presentJy 70 Companions providing community based
services to 90 disabled or homebound clients in Corpus Christi.
Page 1 of 2
ORDINANCE
TRANSFERRING $1,141.876 FROM THE 1020 GENERAL FUND TO
THE NO. 1067 PARK AND RECREATION GRANTS FUND; AND
APPROPRIATING THE $1,141,876 AS CITY MATCHING FUNDS FOR
THE SENIOR COMMUNITY SERVICES PROGRAM; AND DECLARING
AN EMERGENCY.
BE IT QRDAlNED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. $1, 141 ,876 is transferred from the No. 1020 General Fund to the No. 1067
Park and Recreation Grants Fund and is appropriated as City matching funds for the
Senior Community.Services Program. -
SECnON 7. That upon written request of the Mayor or five Council members, copy.
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule as to consideration and voting upon ordinances at
two regular meetings so that this ordinance i~ passed upon first reading as an -
emergency measure on this 28" day of September, 2004.
A neST:
THE CITY OF CORPUS CHRISTI
. Annando Chapa
City Secretary
lE~~:;;;J;;r 2004
Doyle D. Curtis
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attorney
Samuel L~ Neal, Jr.
Mayor
H:'LEGDlR\DoyIeO.Curtis\MYD0CS\2003.04\0RD2003.100\0rdinanc~es\Approprl.ate\091604OC.Transfer~$1 +MtAFrmGenFu.nd1 020To.Prk&Rec. 1067Gml&Approp.0rd~doc
Page 2 of 2
Corpus Christi, Texas
day of
I 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. Ilwet 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 r
Respectfully I
Samuel L. Neall Jr., Mayor
The City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Samuel L. N.eal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper t ~
Henry Garret
William Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
H:\LE~.CurtisWY00CS\2003A04~D2003.1 OO\Ordinanc.es\Appropri..'D91604OC~Transfer.$1 +Mil. FrmGenFu.nd 1 O2OTo.Ptt&Rec.1 067Gmt.&Approp.Ord.doc
8
AGENDA MEMORANDUM
September 28, 2004
SUBJECT: Contract Assignment - ADA Compliance Curb Ramp Improvements at Old
Robstown Road and Ayers Street.
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to assign the contract with KJK
Construction in the amount of $142,967 for the ADA Compliance Curb Ramp
Improvements at Old Robstown Road and Ayers Street to CamRett Corporation of Corpus
Christi, Texas (Project No~ 6124)~
FUNDING: Fiscal Year 2003-2004 COSG Funds were previously obligated when the
contract was awarded to KJK Construction.
RECOMMENDATION: Staff recommends approval of the motion as presented.
~ fr=. 7 /z'/ /z; t
~ Angel R. Escobar, P.E. I Date
(V'-' - Director - Engineering Services
~ ~~ ~~
Jonfithan Wagner, Acting
Director of Neighborhood Services
Attachments:
Exhibit A - Additional Information
Exhibit B - Location Map
H :\l-IOME\KEVI NS\G EN\CDBG\6124ADAOldRobstownAyers\Assig nmentMemo.doc
ADDITIONAL INFORMATION
ASSIGNMENT: KJK Corporation has not been able to secure the required payment and
performance bonds. They approached CamRett Corporation to arrange a possible
assignment of the contract~ KJK and CamRett have agreed to completely turn the contract
over to CamRett subject to the approval of the City~ CamRett has agreed to accept
assignment of the contract for the $142,967 price bid by KJK Corporation~ This is deemed
in the best interest of the City as the next low bid price was $199t278~25.
CONTRACTOR: CamRett is experienced with the type of work to be performed~ They
have successively completed several City contracts.
PROJECT DESCRIPTION: The project consists of two base bids and two additive
alternate bid items. Both base bids and additive bids. items were awarded and are
proposed to be assigned.
Base Bid Part A: Old Robstown Road at Bluebonnet, North Saxet, KreicL and Kenwood -
A total of four (4) intersections will be improved with new curb ramp construction and
related improvements ~ The work wi II entail the construction of twelve (12) new cu rb ramps
and reconstruction of approximately 653 square feet of sidewalk and 40 square yards of
asphalt pavement
Base Bid Part B: Avers Street between Alameda/Staoles and Port Avenue - Curb ramps
will be Jinstalled at the intersections of Pearse Street (west side), Painter Street, Southgate
Street and Fannin Street~ These curb ramps will cover the entire front of the La Armada
Housing Project and will allow create an accessible path through the intersections up to the
Ayers and Horne Road west side intersection leading to the Port-Ayers RT A Transfer
Station.
Additive Alternate No.1: City Health Clinic (5805 Williams) - Work includes four (4)
curb ramps and related improvements in front of the Health Clinic across the street from
Our Lady of Perpetual Help Church and the RTA bus stop~ The work includes 216
square feet of crosswalk striping, relocating two (2) crossing signs, extension of an 18-
inch RCP storm water pipe at the clinic's driveway to an adjacent ditch and
reconstruction of approximately 277 square feet of sidewalk~
Additive Alternate No.2: Ayers Street Intersection at East Street - Work entails the
reconstruction of three (3) curb ramps, approximately 296 square feet of sidewalk, and
approximately 17 square yards of asphalt pavement.
CONTRACT TERMS: The contract specifies the project will be completed in 120 calendar
days after notice to proceed. It is anticipated that the project will be completed by
February, 2005~
RECOMMENDATION: Approval of the motion as presented.
Exhibit A
Page 1 of 1
H :\HOME\KEVI NS\GEN\CDBG\6124ADAOldRobstownAyers \AssignmentBkg ExhA.doc
PROJECT SITE
A.D.A. COMPLIANCE
NOT TO SCALE
~
N
CITY PROJECT No. 6125
LOCATION MAP
NOT TO SCALE
ADA COMPLIANCE-CURB RAMP IMPROVEMENTS
A YERS STREET
from Alameda/Staples to Port Ave.
CITY OF CORPUS CHRISTI, TEXAS
CITY COUNCIL EXHIBIT
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
DATE: 09-28-2004
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9
CITY COUNCIL
AGENDA MEMORANDUM
DATE: September 28,2004
SUBJECT: Willow I Brawner Parkway Proctor Channel Outfall (Project No. 2216)
AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a
Contract For Professional Services with LNV Engineering, Inc. in the amount of $331,022
for the Willow I Brawner Parkway Proctor Channel Outfall Project.
ISSUE: The Gollihar Storm Box System and the Brawner Parkway/Proctor Channel
Systems experience flooding and standing water during minor storm rain events~ In a
phased approach, the proposed Contract is necessary to improve drainage throughout
both systems..
The total fee of $331,022 exceeds the $25,000 contract limit; and requires City Council
approval.
FUNDING: Funding is available from the FY 2003-2004 Storm Water Capital Improvement
Budget.
: Staff recommends approval of the motion as presented.
'"
9 R. Escobar, P. E.,
irector of Engineering Services
~
Additional Support Material:
Exhibit "AIt Background Information
Exhibit "8" Contract Summary
Exhibit "C" Location Map
H:\USERS2\HOME\VElMAR\GEN\DRA.lNAGE\2216\AGENDA MEMO
BACKGROUND INFORMATION
SUBJECT: Willow I Brawner Parkway Proctor Channel Outfall (Project No. 2216)
PRIOR COUNCIL ACTION:
1. February 10. 2004 - Approval of the FY 2003-2004 Capital Improvements
Program (Ordinance No" 025647).
PRIOR ADMINISTRATIVE ACTION: None.
FUTURE COUNCIL ACTION:
1. Execute an Amendment to the Contract For Professional Services for Stage 2
Services (Design Phase, Bid Phase, Construction Phase).
2. Award of a construction contract to complete the project.
PROJECT BACKGROUND: The Gollihar Storm Box System and the Brawner
Parkway/Proctor Channel Systems have a combined drainage area of over 5,000 acres"
Both system areas experience flooding and standing water during minor storm rain
events.
The proposed project is the first phase in a multi phase process. Stage 1 of the first
phase consists of a study determining storage volumes, peak flows, interconnecting of
basins, and improving the outfall at Ocean Drive.
I
Stage 2 of the first phase may include possible improvements such a.s new box &culverts.
on Brawner Parkway (adjacent to the existing box), new erosion improvements at the
Proctor Channel Outfall, additional detention facilities, and Willow Street Improvements..
When combined with the drainage improvements already underway in the
Mansheim/Sunnybrook Subdivisions in future phases, these projects will reduce
flooding impacts in the Mansheim/Sunnybrook Subdivisions as well as the upper basin
of the Brawner Parkway Drainage System.
PROPOSED CONTRACT: The proposed contract consists of Stage 1 Services
Preliminary Phase and Additional Services as follows:
Preliminary Phase
. Perform field investigation as required to define specific areas of new work,
equipment, locations, tie-in point, and other applicable parameters..
. Develop a preliminary construction schedule and sequencing planll This
schedule will include procurement, construction, testing, coordination, and
provision for minimum interruption of services and construction schedules
with planned Capital Improvement Program (CIP) funding and will also take
EXHIBIT "A"
Pa e 1 of 3
H:'USERS2\HOME\VEl~R\GEN\ORAJNAGE\2216\A.GENDA BACKGROUND
into consideration recommendations in the appropriate City Storm Water
Plans.
. Prepare and submit one (1) electronic file and one (1) copy of a Design
Memorandum to the City for review~ The Design Memorandum will include
data collected and conceptual cost estimates for the anticipated equipment,
civil/site work, related construction costs, and recommendation to the City
staff .
1. Review all the as-built drawings, record drawings and any available
reports for the existing drainage area.
2. Review existing right-af-way requirements for the proposed box culvert
and roadway crossings.
3. Review existing utility locations and any possible conflicts with the
proposed box culvert and roadway crossings.
4. Determine proposed box culvert route, sizing, and any utility adjustments
required to facilitate the proposed box culvert route.
5. Prepare alternatives for the five (5) roadway crossings along Brawner
Parkway from Willow to Corpus Christi Bay. The recommendation for
these alternatives will include method and cost for the City's review.
Additional Services
. Permittina. Obtain permits for the outfall into Corpus Christi Bay obtain
permits from the U. S. Army Corps of Engineers, General Land Office, and
TCEQ- TPDES~
. Topoaraohic Survey. Provide topographic survey for the proposed
improvements..
1. Willow Street from Gollihar Road to Brawner Parkway
2. Brawner Parkway-Bay to Ramsey Street
3. Gollihar Box System-Bay to Gollihar/Carmel Parkway Intersection
4. ROW/Easement Research
. Environmental Issues. Provide environmental site evaluations and
Archeology Reports that are required for the Project.
'. ExistinQ Utilities Location. Acquire contractor and coordinate to locate
existing box culvert for Brawner Parkway/Proctor Channel from Ramsey
Street to Corpus Christi Bay, and Gollihar Box only at Willow Street and
Gollihar Road (the tie-in point).. This will provide the necessary verification
to ensure that the proposed improvements can fit next to the existing box.
After reviewing the existing utility maps, coordinate with Subsurface Utility
Engineering Company to verify depths of existing utilities that appear to
conflict with the proposed improvements utilizing air excavation.
EXHIBIT "A"
Pa e 2 of 3
H:\USERS2\HQMBVELMAR\GEN\DRArNAGE\2216\AGENDA BACKGROUND
. Hvdraulic Madeline of Brawner Parkway/Proctor Channel. Hydraulic
analysis of existing and proposed Brawner Parkway/Proctor Channel
system main trunk line from Ramsey to Corpus Christi Bay. This analysis
will include the 25 year and 100 year water surface elevations and the
associated impacts on the existing system. Included with this analysis will
be the impact on peak flow utilizing the existing ditch storage system and
the impacts on the systems associated with reducing this storage.
. Hydraulic Madeline of Gollihar Box System. Hydraulic analysis of existing
and proposed Gollihar Box System main trunk line from Crosstown
Expressway to Corpus Christi Bay. This analysis will include the 25 year
and 100 year water surface elevations and the associated impacts on the
existing system.
CONTRACT SUMMARY/FEE: A contract summary and summary of fees is attached as
Exhibit "B".
EXHIBIT "A"
Pa e 3 of 3
H:\USERS2\HOME\VElMAR\GEN\DRAJNAGE\2216\AGENDA BACKGROUND
CONTRACT SUMMARY
WILLOW I BRAWNER PARKWAY
PROCTOR CHANNEL OUTFALL
(Project No. 2216)
1. SCOPE OF PROJECT
The Gollihar Storm Box System and the Brawner Parkway I Proctor Channel Systems
have a combined drainage area of over 5,000 acres. Both systems areas experience
flooding and standing water during minor storm rain events. The proposed project is the
first phase in a multi phase process. Stage 1 of the first phase consists of a study
determining storage volumes, peak flows, interconnecting of basins, and improving the
outgall at Ocean Drive.
Stage 2 of the first phase may include possible improvements such as new box culverts
on .Brawner Parkway (adjacent to the existing box), new erosion improvements at the
Proctor Channel Outfall, additional detention facilities, and Willow Street improvements.
When combined with the drainage improvements already underway in the Mansheim I
Sunnybrook Subdivisions in future phases, these projects will reduce flooding impacts in
the Mansheim I Sunnybrook Subdivisions as well as the upper basin of the Brawner
Parkwa Draina e S stem.
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 delays, gantt charts
presented with monthly invoices) and provide contract administration services to complete
the Project. 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.
3. PROJECT SCHEDULE
DAY DATE ACTIVITY
Wednesday September 29,2004 Begin Preliminary Phase
Friday January 10, 2005 Submit Design Memorandum
Friday TSD 60010 Submittal
Friday TBD City Review
Friday TBD 100% Submittal
Friday TBD City Review
Monday TBD Final Submittal
Monday (2) TSD Advertise for Bids
EXHIBIT "8"
Page 1 of 2
H~\USERS2\HOME\VELMAR\GEN\DRAJNAGE\2216\CONTRACT SUMMARY
Wednesday TBD Pre-Bid Conference
Wednesday TBD Receive Bids
Monday TSD Begin Construction
Weekday TBD Construction Completion
4~ SUMMARY OF FEES
Fee for Basic Services
1. Preliminary Phase $178,920~OO
2. Design Phase 0.00
3. Bid Phase 0.00
4. Construction Phase 0.00
Subtotal Basic Services Fees 178,920.00
Fee for Additional Services (Allowance)
1. Permit Preparation (as applicable)
TCEQ
USACE
TDLR
Total Permitting 6,870.00
2. Topographic Survey (AUTHORIZED) 30,492.00
3. Environmental Issues 10,000.00
4. Existing Utilities Location 40,000.00
5. Hydraulic Modeling of Brawner System 32,370.00
6. Hydraulic Modeling of Gollihar Box System 32,370.00
Sub-Total Additional Services Fees Authorized 152,102.00
Total Authorized Fee $331,022.00
EXHIBIT "8"
Page 2 of2
H :\USERSZ\HOME\VElMAR\GEN'DRAINAGE\2216\CONTRACT SUMMARY
File : \Mpro .eet councilexhibits exh2216.dwg
~
N
Corpus Christi
Bay
PROJECT LOCA nON
CITY PROJECT No. 2216
LOCATION MAP
NOT TO SCALE
EXHIBIT .C.
WILLOWIBRAWNER PARKWA Y PROCTOR CITY COUNCIL EXHIBIT ~
DEPARTMENT OF ENGINEERING SERVICES
CHANNEL OUTFALL EXHIBIT liCit :~
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CITY OF CORPUS CHRISTI, TEXAS .....?~~~~~
~~
SCALE: 1--3OOCt
CORPUS CHRISTI MY
LEGEND
GOLU HAR
MAIN TRUNK LINE
BRAWNER
MAIN TRUNK LINE
~ CITY of
~ CORPUS
~ CHRISTI
IMI BlGIII.RlIIG
EMM'lEBIS" COHSlLTANJ8
eM............ ... _ ~ -1UII8ING.
......~.UJ~JT
---- ,....--._--
...~---- .....--- ~
WILLOW/BRAWNER PARKWAY /
PROCTOR CHANNEL OUTFALL
parlment of Engineerif}9 Services
EXHIBIT "C.,I
Pa e 2 of 2
---- -
10
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: September 28, 2004
AGENDA ITEM: Resolution supporting the creation of a regional park by the Coastal
Bend Regional Park Foundation. Inc~
ISSUE: The Coastal Bend Regional Park Foundation, Inc.. a Texas non~profit 501 (c)(3)
corporation, is seeking support for a regional park in the Coastal Bend.
REQUIRED COUNCIL ACTION: This item is being prepared for City Council to consider
supporting this project.
PREVIOUS COUNCIL ACTION: Greg Parkes of the Coastal Bend _ Regional Park
Foundation made a presentation to the City Council of Corpus Christi on Tuesday,
September 21, 2004~
FUNDING: none
CONCLUSION AND RECOMMENDATION: This is being prepared for City Council to
consider supporting this project~
Attachments: none
Page 1 of 2
RESOLUTION
SUPPORTING THE CREATION OF A REGIONAL PARK BY THE
COASTAL BEND REGIONAL PARK FOUNDATION, INC.
WHEREAS, the Coastal Bend Regional Park Foundation was established for the sole
purpose of planning, developing, and maintaining a first rate regional park. comparable
in size and scope to other large regional parks across the state and nation, such as
Brackenridge Park in San Antonio, Texas; Memorial Park in Houston, Texas; Zilker Park
in Austin, Texas; Forest Park in Fort Worth. Texas; Balboa Park in San Diego,
California; and Central Park in New York City, New York; and
WHEREAS. The Regional Park plan is oriented towards individual and family activities,
and includes a forested tropical park setting with streams, lakes, nature trails, jogging
trails, biking trails, equestrian facilitiest picnic areas, foliage and gardens, and facilities
for outdoor recreation such as birding, tennis, golf. skate boarding, archery, camping,
and swimming; and
WHEREAS, The Regional Park plan promotes cultural and scientific endeavors by
incorporating wildlife and botanica"1 research areas, wetland restoration, educational
facilities, conservatories, statuaries, museums, entertainment venues, an amphitheater,
and a -farm and ranch heritage center, and will use its best efforts not to duplicate
existing programs in the Coastal Bend; and '
WHEREASt the Regional Park's zone is made up of fifteen counties, including Aransas,
Bee, Duval, Goliad, Jim Wells, Karnes. Kleberg, Live Oak, McMullen, Nueces, Refugio,
San Patricio, Victoria, DeWitt, and Calhoun Counties, and will therefore provide outdoor
educational, recreational, and eeQ-tourism activities for a popUlation in excess of
750,000.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS that the City Council supports the Coastal Bend Regional
Park Foundation in its efforts to plan, develop, and maintain a first rate regional park in
the Coastal Bend.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr~
Mayor
A~;e~ Only 24 September 2004
Doyle D. Curtis
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attorney
H :\LEG-DJR\OtgaR\Doyle\Resolution\092304DC. Endorse. CBend. Reg Park_ F oundati .on Park.doc
Page 2 of 2
Corpus Christi, Texas
Day of t 20
The above resolution was passed by the following vote:
Samuel L~ Nealt Jr~
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
H :\LEG~OIR\OlgaR\Doyle\Resolution\092304DC .Endorse. CBend. Reg Park. Fou ndatL onPark.doc
11
CITY COUNCIL
AGENDA MEMORANDUM
September 28, 2004
AGENDA ITEM:
Resolution authorizing the City Manager, or the City Manager's designee, to donate
surplus Fire and Emergency equipment to the Texas Forest Service under the Volunteer
Fire Department Helping Hands Program, as provided in Section 88.106 Texas Education
Code.
ISSUE: The Fire Department periodically has surplus equipment that has reached
its manufacturer's recommended life span~ Frequently most of this equipment could be
used by volunteer" fue departments with minor repairs and maintenance. However, the
risk of litigation for those wanting to make donations to volunteer fire departments has
been too great. The Volunteer Fire Department Helping Hands Program provides
liability relief to cities who donate surplus fife and emergency equipment to the Texas
Forest Service. Donated equipment will then be distributed by the Texas Forest Service
to volunteer fire departments across the state.
BACKGROUND: The Volunteer Fire Department Helping Hands Program was
created in response to House Bill 680 which was passed during the 75th Texas Legislature
to provide liability relief to fire "departments and other groups. Prior to passage of the
Bill, fire departments routinely destroyed surplus frre equipment because they could not
afford the liability exposure involved with anyone continuing to use the equipment.
Pressure bottles for breathing apparatus were cut in half and regulators buried. Protective
gear and hose were cut apart, and fire trucks were dismantled and sold for scrap. Most of
this equipment had many years of good use left in them.
REQUIRED COUNCIL ACTION: Approval of the Resolution as presented~
PREVIOUS COUNCIL ACTION: None
CONCLUSION AND RECOMMENDA nON: Staff recommends approval of the
resolution authorizing the City Manager, or the City Manager's designee, to donate
surplus Fire and Emergency equipment to the Texas Forest Service.
Attachments:
1.. Resolution
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
DONATE SURPLUS FIRE AND EMERGENCY EQUIPMENT TO THE
TEXAS FOREST SERVICE UNDER THE VOLUNTEER FIRE
DEPARTMENT HELPING HANDS PROGRAM, AS PROVIDED IN
SECTION 88.106 TEXAS EDUCATION CODE.
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 donate surplus fire
and emergency equipment to the Texas Forest Service under the Volunteer Fire
Department Helping Hands Program, as provided in Section 88.106 Texas Education
Code.
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa Samuel L. Neal, Jr.
City Secretary Mayor
APPROVED: S-"r-'-- Z "L, 2004.
By:
~t4-------
Josep Harney (5
Assistant City Attorney
For City Attorney
Reso- TFs.donate
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
12
AGENDA MEMORANDUM
September 22, 2004
AGENDA ITEM:
a. Motion approving the Transmission and Grid Main Construction and Reimbursement
Agreement submitted by Nasser Farahnakian, owner and developer of Overland
Meadow Unit 3 subdivision located east of Mckinzie Road south of Leopard Street for
the "installation of 816 linear feet of a 12-inch PVC water grid main; and
b~ Ordinance appropriating $ 24,955.78 from the Water Arterial Transmission & Grid Main
Trust Fund No. 4030-540450 to pay developer reimbursement request for the installation
of 816 linear feet of a 12-inch PVC water grid main to develop Overland Meadow Unit
3 subdivision; and declaring an emergency~
ISSUE: Mr. Nasser Farahnakian owner and developer of Overland Meadow Unit 3 subdivision,
will start the installation of 816 linear feet of a 12-inch PVC water grid main along the east side
of Mckinzie Road between the existing 12-inch water line previously installed approximately 60-
feet north of the northern boundary of the subdivision and extending to the southern boundary
of the subdivision, once the City Council approves the Transmission and Grid Main Construction
and Reimbursement Agreement and funds to pay for said installation are encumbered from the
Arterial Transmission and Grid Main Trust Fund in compliance wth Ordinance "No.025424.
RECOMMENDATION: Staff recommends approval of the Motion and Ordinance as:"presented.
B.A. Bailey, A.I. .P.
Director of Develo ant Services
ATTACHMENTS:
Exhibit A~
Exhibit 8
Exhibit C
Exhibit C-1
Exhibit 0
Exhibtt E
Background Information
Area Map J Location Map
Reimbursement Application
Application for Waterline Credit
Cost Estimates
Transmission and Grid Main Construction and Reimbursement Agreement
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
BACKGROUND: The development and platting of Overland Meadows Unit 3 subdivision
required the construction of 816 linear feet of a 12-inch PVC water grid main along the east
side of McKinzie Road between the existing 12-inch water line previously installed
approximately aD-feet north of the northern boundary of the subdivision and extending to
the southern boundary of the subdivision, once the City Council approves the Transmission
and Grid Main Construction and Reimbursement Agreement and funds to pay for said
installation are encumbered from the Arterial Transmission and Grid Main Trust Fund in
compliance with the Platting Ordinance (See Exhibit B Location Map).
The 12-inch PVC water grid main along McKinzie Road is required by the City's Distribution
System Master Plan and is eligible for reimbursement as a water grid main in accordance
with the Platting .Ordinance.
The total cost submitted by the developer for the installation of 816-feet of 12-inch PVC
water grid main including 7.5% of associated engineering costs ;s $32,160.78. Because
the developer has not paid the City of Corpus Christi assessed acreage fee of $ 7,205.00
the reimbursed amount due to the developer is the difference between the cost of
installation of the 12-inch PVC water grid main and the acreage fee assessed. Therefore,
the total reimbursement owed to the Mr. Nasser Farahnakian, owner and developer of
Overland Meadows Unit 3 is not to exceed ($32, 160.78 - $7,205.00) = $24r955~ 78.
The developer has submitted a Transmission and Grid Main Construction and
Reimbursement Agreement and supporting documentation in compliance with provisions
of the Platting Ordinance. The Application for the grid main reimbursement and supporting
cost documentation are attached (see Exhibit C, Reimbursement Application, Exhibit
C-1 Application for Waterline Credit, Exhibit Dr Cost Estimates. and Exhibit E,
Reimbursement Agreement.
Reimbursement would be payable upon completion and acceptance of the water grid main
work with the actual reimbursement to be determined based on the actual construction cost
and not to exceed $ 24,955. 78~
RECOMMENDATION:
presented.
Staff recommends approval of the motion and ordinance as
~ Exhibit A I
Page 1 of 1
ADDLE LN
"SITE"
~
N
AREA MAP
1- = 50011 APPROX.
"SITE"
(OVERLAND MEADOWS UNIT 3)
EXIST1NG 6" & 8.
EQUISTAR PIPEUNES
PROP. 816 LF
12- PVC WTR UNE
n
r
:itJ
c
ttJ
tel
-<
t::1
?J
LOCATION MAP
1. = 200' APPROX9
BASS AND WELSH ENGINEERtNG
CORPUS CHRISTI. 1)(
COMP. NO. EXB-WTR
JOB NO: 03052
SCAlE: AS SHOWN
PLOT SCAlE: 1- zs 500'
PLOT DATE: 8/23/04-
SHEET 1 OF 1
OVERLAND MEADOWS UNIT 3
WATER LINE REIMBURSEMENT
CORPUS CHRISTI, TX
FIGURE 1
~
APPUCATION FOR WATER LINE REIMBURSEMENT
I, Nasser Farahnakian, owner and developer of proposed Overland Meadows Unit 3 Subdivision, hereby request
reimbursement of $24,955.78 for the installation of the water grid main in conjunction with said Subdivision as
provided for by City Ordinance No. 17092. Said $24,955..78 is the construction cost, including 7V2 % Engineering,
in excess of the lot/acreage fee, as shown by the cost of supporting documents attached herewith.
fV~re-r ? ~l'!1.
Developer
1)q - 0:2 - 2co "-.-.
Date
lHE STATE OF TEXAS )(
COUNTY OF NUECES )(
This instrument was ~('~J.dD-ed before me on J~1im./.u.AJ q
.. ~'*"'C>- RrD"""*~
Nasser Farahnakian. ,~~......~....~~,
~ 0.... ~i PU8 ...<?~ '
J ~/ 6~*<'0.\ ~ , ~ /
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'II"I"'f', nm m n \\ \,,\\\\\....
The information submitted with this application for reimbursement has been reviewed and determined
to be correct.. Reimbursement is subject to:
, 2<< by
CERTIFICATION
(a) sufficiency of funds in the Grid and Arterial Main Trust Fund, and
(b) appropriation and approval by the City Council.
/"
or of Engineering Services
(Ci ty Engineer)
~.,
, (ate)
03052/Nick"sDocsIAppt Water tine Reimbursement.doc
EXHIBIT C
APPUCATION FOR WATER LINE CREDIT
I, Nasser Farahnakian, owner and developer of proposed Overland Meadows Unit 3 Su1xlivision, hereby apply
for $7,205.00 credit towards the water acreage fee for the Grid Main extension installed in conjunction with said
Subdivision as provided for by City Ordinance No. 17f1J2. $3.2,160.78 is the oonstruction cost, including 71h %
Engineering, as shown by the cost of supporting documents attached herewith.
/V'tU!J e/ r~/~
Developer
tJtoz - 2014
Date !
TIlE STATE OF 1EXAS )(
COUNlYOFNUECES )(
This instrument was Jw.~ged before me on J.1{iI hJb~ 4 . 'lIJo1?by Nasser Farahnakian.
~~ ''''IIl~
~~~ OROll
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CER11FICAll0N 'I!J J.22.7.. ~,$-~
~11111"'fml1 n1\l\\\\\\\\:
The informatio~ submitted with this application has been reviewed and determined to be correct and
a credit of S :;. ~~ is herewith approved:
- - /' .----- --- --
-IL~~s
(City Engineer)
~4jh~
.. (D4te)
O3OS2/Nid.'s Docs/AppL Water Line Creditdoc
EXHIBIT C--
PRELIMlNARY COST ESTIMATE
OVERLAND MEADOWS UNIT 3
12" GRID WATER MAIN EXTENSION
(BASED ON CONTRACT UNIT PRICES)
PRELThlINAR Y COST ESTIMAtE
9I2l2OO4
ITEM DESCIUPI10N QUANTIIY UNIT UNIT PRICE AMOUNT
1. 12" PVC PIPE 816 LF 32.00 S 26,112.00
2. 12" 4511 EL, D.I. 2 FA 450.00 900.00
3~ 12" TEE 1 FA 450.00 450.00
4. 12" CAP TAPPED FOR 2. 1 FA 380.00 380.00
s. l? GAlE VALVE wrrn BOX 1 EA 1,275.00 1,275.00
6. TIE INTO EXISTING 12" 1 EA 800.00 800.00
SUBTOTAL $ 29.917.00
7.5% ENGINEERING 2,243.78
TOTAL CONSTRUCTION S 32,160.78
LESS WAlER ACREAGE FEE VALUE (7 J205 '()O)
TOTAL AMOUNT REIMBURSABLE $ 24,955.78
w/AUTOCADSERVERJNl~S2IPCEGRIDMAINF..XT.x1s
EXHIBIT 0
TRANSMISSION AND GRID MAIN CONSTRUCTION
AND REIMBU.RSEMENT AGREEMENT
'THE STATE OF.TEXAS
COUNTY OF NUECES
This Transmission and Grid Main Construction and Reimbursement Agreement
("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-
rule municipal corporation, P.O. Box 9277. Corpus Christi, Texas, 78469-9277, and
Nasser Farahnakian (MDeveloper"), 8929 Agnes Street, Corpus Christi, Texas 78406~
WHEREAS, Developer in compliance with the City Platting Ordinance, ,has filed a plat to
develop a .tract of land of approximately 12..54 acres called Overl'and Meadows Unit 3
Subdivision on the east side of.Mckinzie Road, south of Leopard Street, as shown in the
attached Exhibit 1.
WHER.EAS, the City's Water'Distribution Master Plan, 1997. requires the construction of
. 12 inch PVC arterial transmission and grid main in order for the Overland Meadows Unit_
3 Subdivision to have water service; and
WHEREAS, under the Platting Ordinance, the Developer is responsible for construction
of 12 inch PVC arterial transmission and grid main; and
WHEREAS.. under the Platting Ordinance. the Developer is eligible for re'imbursement
of the Developer's costs for the constructi.on of 12 inch PVC arterial transmission and
grid main; and
WHEREAS, it is 'essential that a portion of the 12 inch PVC arterial transmission arid
grid main be co~structed in connection with the Overland Meadow Unit 3 Subdivision ,
develo.pment for' service to be provided upon completion of the Overland Meadow Unit 3
Subdivision; and '
WHEREAS, it is.to the best interest of the City and the Developer for the 12 inch PVC
arterial transmission and grid main be constru'cted to the size and-serve the area
specified in the Water Distribution Master Plan, 1'997; .
NOW t T~EREFORE't for and in consideration of the mutual covenants in this
Agreement, the parties do covenant and agree as follows:
1. REQUIRED CONSTRUCTION
The Developer shall construct the 12 inch PVC arterial transmission and grid main
needed for the Overtand Meadow Unit 3 Subdivision in compliance.with the City's
Platting Ordinance and under the plans and specifications approved by City Engineer.
EXHI.BIT E
2. PLANS AND SPECIFICATIONS
a. The Developer shall contract with a professional engineer, acceptable to the City's
Director of Engineering Services, to prepare plans and specifications for the 12 inch
PVC arterial transmission and grid main, as shown in Exhibit 2, with the following basic
design:
(1) Install 816 linear feet of 12-inch PVC transmission/grid main.
(2) Install two (2) 12-inch 45-degree E.I, 0.1.
(3) Install one (1) 12-inch Tee
(4) Install 1 (one) 12-inch Cap tapped for 2-inch.
(5) Install one (1) 12-inch. Gate Valve with Box
(6) The transmission/grid main will begin and tie into the terminus of the existing
12" water transmission and grid main located in the right-of-way on the east side
of Mckinzie Road approximately 50-feet of the north of the northern property line
of Overland Meadows Unit 3 subdivision and end in the southern property line of.
Overland meadows Unite 3 subdivision on the east.side of Mckinzie Road right-
of..way approximately 816 linear feet south of the starting point.
b. The plans and specifications must comply with City Standard Water Detail Sheets
and Standard Specifications.
c. Before the Developer starts construction the plans and specification must be
approved by the Cit)'s Director of Engineering Services.
3. SITE IMPROVEMENTS
Prior to construction of the 12 inch PVC arterial transmission and grid main. Developer
shall will acquire and dedicate to the City the required utility easement or right-of-way
for the installation of 12 inch PVC arterial transmission and grid main.
4. PLATTING FEES~ Developer shall pay to the City of Corpus Chnsti the required
acreage fees and pro-rata fees as required by the Platting Ordinance.
5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS~ Developer shall award
a contract and complete the 12-inchwater and grid main, in accordance with the
approved plans and specifications, by December 31,2004.
6. REIMBURSEMENT.
a. The City will reimburse the Developer 100% of the cost of the. 12 inch PVC arterial
transmission and grid main, not to exceed $24,955.78, within 30 days upon invoicing by
the Developer, if the work has been completed and has been inspected and accepted
by the City~ The City agrees to conduct periodic inspections of the progress of the work
. at key points during the construction.
b. The City will reimburse the Developer for expenses incurred for the preparation of
plans and specifications for the 12 inch PVC arterial transmission and grid main by the
professional engineer hired by the Developer. However, the expenses may not exceed
7.50/0 of the costs of construction of the 12-inch water grid main.
7. INDEMNIFICA TION. Developer shall indemnify and hold harmless the City, its
agents, officers, and employees from all suits, actions, or claims and from aI/liability for
any and. all injuries or damages sustained by any persofl., including without limitation
workers compensation, personal iJ?jury or death, arising from or incident to .this 12 inch
PVC arterial tralJsmission and grid main construction.
8. Developer further agrees,. in compliance with the City of Corpus Christi Ordinance
No. 17112, to complete, as par1 of this Agreement, the Disclosure of Ownership
interests form attached hereto as Exhibit 3.
9. This agreement becomes effective and is binding upon. and shall in.ure to the benefit
of the City and Developer,. and their resp.ective heirs. successors. and assigns from and
.after the date of. execution.
EXECUTED IN DUPLICATE originals, this
day of
. 2004.
ATTEST:
THE CITY OF CORPUS CHRISTI
By:
Armando Chapa
City Secretary Assistant City Manager
. APPROVED: K day of ~~4--. 2004
By:
~.t1-
Joseph arney ~
Assistant City Attorney
For City Attorney
DEVELOPER:
By:
fJtb;tJ F~
Nasser Farahnakian
THE STATE OF TEXAS
COUNTY OF NUECES
. This instrument was acknowtedged before me on~. 2004, by
Nasser Farahnakian. Owner and Developer of Overland Meadows Unit 3 subdivision.
.
Ma.-k A.. S- 'tno~
7?/Jti ~/
Notary Public, State of Texas
1.....~.~A.a:.vaa
.I~. ofT...
~ . Exp. 03-274001
~ "'~~~~
THE STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on ,2004.,. by
Margie C. Rose, Assistant City Manager. City of Corp.us Christi, Texas, a Texas home-
rule municipal corporation, on behalf of the corporation. .
Notary PublicI State of Texas
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~J~ CITY OF CORPUS CHRISTI
DISCLOSURE OF iNTERESTS
City of Corpus Christi Ordinance 17112. as amendedf requires all persons or finns seeking to do business with the City
to provide the following infonnation. Every question must be answered. If the question is not applicable1 answer with
"NAn.
OWNER'S NAME:
Nasser Farahnakian
STREET
8929 Aanes
CITY
Camus Christi
ZIP
78406
FIRM Is: 1. Corporation 0
5. Other 0
2.. Partnership 0
3. Sole Owner X
4. Association 0
DISCLOSURE QUESTIONS
If additional space is necessaryl please use the reverse side of this page or attach separate sheet
1. State the names of each "employee" of the City of Corpus Christi having an uownership interest"
constituting 3% or more of the ownership In the above named "firm".
Name
Job Title and City Department (if known)
None
2. State the names of each "official" of the City of Corpus Christi having an "ownership Interest" constituting
3% or more of the ownership In the above named "finn".
Name Title
None
3. State the names of each "board member" of the City of Corpus Christi having an "ownership Interest"
constituting 3% or more of the ownership In the above named "firm".
Name Board, Commission or Committee
None
4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on
any matter related to the subject of this contract and has an "ownership Interest" constituting 3% or more
of the ownership In the above named .'finn".
Name Consultant
None
CERTIFICATE
I certify that all infonnation provided is true and correct as of the date of this statement, that I have not knowingly withheld
disclosure of any infonnation requested; and that supplemental statements will be promptly submitted to the City of
Corpus Christi. Texas as changes occur.
Certifying Person:
Title:
Owner
Nasser Farahnakian
(Type or Print)
Signature of Certifying person:--,l1Jl~('(7"'"" P (")~
{
Date:
dt-~2~)po1
EXHIBIT 3
AN ORDINANCE
APPROPRIATING $24,955.78 FROM THE WATER ARTERIAL
TRANSMISSION AND GRID MAIN TRUST FUND NO. 4030-
540450 TO PAY DEVELOPER REIMBURS,EMENT REQUEST
FOR THE INSTALLATION OF 816 LINEAR FEET OF A 12 INCH
PVC WATER GRID MAIN TO DEVELOP OVERLAND MEADOWS
UNIT 3 SUBDIVISION; AND DECLARING AN EMERGENCY.
BE"IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: .
..
SECTION 1. That $24,955.78 from the Water Arterial Transmission and Grid
Main Trust Fund No. 4030-540450 is appropriated to pay developer (Nasser
F,arahnakian) reimbursement request for the installation of 816 linear feet of a 12-
inch PVC water~ grid main to develop Overland MeadoWS Unit 3.
SECTION 2. That upon written request of th~ Mayor or five council members,
copy attached. the City Council (1) finds and declares an emergency due to the
need for immediate action necessary for the efficient and effective administration
of City affairs and ,(2) suspends the Charter rule that requires consideration of
"and voting upon ordinances at two regular meetings so that this ordinance is
passed and shall take effect upon first reading as an emergency this the 28th of
September, 2004.
ATIEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L~ Neal, Jr.
Mayor
Approved as to fonn
, 2004.
By:
Joseph Harney
Assistant City Attorney
F or City Attorney
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: lNt/e, 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 I
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
September 22, 2004
AGENDA ITEM:
1. An Ordinance authorizing the City Manager, or his designee, to execute a Participation
Agreement with MPM Development L.L..C., owner and developer of Royal Creek Estates
Unit 1 subdivision, for public street improvements on Excalibur Road, an urban roadway
abutting a dedicated public park, in accordance with the Platting Ordinance, not to exceed
$29,949.00 for City's share of costs of the improvements; and declaring an emergency.
ISSUE: The development and platting of Royal Creek Estates Unit 1 required the
developer to construct Excalibur Road abutting the subject subdivision as part of the
subdivision street network. The section of Excalibur Road in question also abuts dedicated
parklands. The City, as specified by Platting Ordinance, Section IV, Subsection G.2~J.,
may be required to participate in the cost of street construction. A Participation Agreement
is pending between the City of Corpus Christi and M.P.M. Development L.L.C., subject to
City Council approval, allowing the developer to proceed with the construction of Excalibur
Road.
RECOMMEN DA liON: Staff recom mends approval of the Ord inance as presented.
velopment Services
ATTACHMENTS:
Exhibit A~
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Background Information
Location Map
Excalibur Road Section
Cost Estimates
Participation Agreement
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
BACKGROUND: The development and the platting of Royal Creek Estates Unit 1 required
construction of Excalibur Road as part of the subdivision internal traffic circulation network.
Typically, the platting process requires the developer to pay the total cost of public
improvements associated with the development. In this particular case the portion of
Excalibur Road to be constructed associated with the development of Royal Creek Estates
Unit 1 is abutting dedicated City parklands; therefore, the City, as specified in the Platting
ordinance, Section IV1 Subsection G.2.j., may be required to participate in the cost of street
construction. A Participation Agreement is pending between the City of Corpus Christi and
M.P~M. Development L.L.C., allowing the developer to proceed with the construction of
Excalibur Road for and in behalf of the City abutting the section of Park dedicated lands.
(See exhibits Band C ). The Participation Agreement states the City shall reimburse the
Developer for the City's share of the cost of public improvements. The projected costs of
the City's share for the improvements are $29,949.00. (See Exhibit 0 for costs
estimates).
Reimbursement would be payable upon completion and acceptance of the street
construction work with actual reimbursement to be determined based on the actual
construction cost and not to exceed $ 29,949.00.
RECOMMENDATION:
Staff recommends approval of Ordinance as presented.
II Exhibit A II
Page 1 of 1
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I S 1 TE'
ROYAL CREEK ESTATES UNIT 1
EXHIBIT B
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ROYAL CREEK ESTATES UNIT 1
STREET AND SURFACE ITEMS AT PARK
CITY PARTICIPATION COST FOR ONE HALF OF STREET CONSTRUCTION OF EXCALIBUR ROAD,
FUTURE ROAD ADJACENT TO A PUBLIC PARK.
STREET & SURFACE ITEMS AT PARK (TO CLEAR STREET)
ITEM DESRIPTION QUANTITY UNIT UNIT PRICE AMT
STREET ITEMS
1 1 1/2" HMAC 894 Sy $ 4.80 $ 4 291
2 A-" THICK R1C WALK 2536 SF $ 2.40 $ 6,086
3 ~n CALICHE BASE 1128 SY $ 5.70 $ 6,430
4 6" CURB & GUTTER 619 LF $ 8~OO $ 4,952
5 8ft LIME STABILIZED SUBGRADE TO l' Be 1100 SY $ 3.00 $ 3,300
6 EXCA VA TION 1 LS $ 2 800.00 $ 2,800
SUBT OTAL FOR THESE ITEMS $ 27,859
ENGINI ""ER'S FEE 7.50/0 $ 2 089
TOTAL: $ 29 949
EXHIBIT D
P ARTICIP ATION AGREEMENT
STATE OF TEXAS
COUNTY OF NUECES
THIS AGREEMENT is entered into between the City of Corpus Christi, a Texas
Home-Rule Municipal Corporation, P.o. Box 9277, Corpus Christi, Texas 78469-9277,
hereinafter called 'f~ityt' and ~M Development (Developer), 426 South Staples Street,
Corpus Christi, 78401 hereinafter called "Developerft.
WHEREAS, Developer is developing a subdivision known as Royal Creek
Estates Unit 1, containing 20.5 acres of land located south of La Salle Drive east of'a
public linear park, as shown on attached Exhibit 1; and
WHEREAS, the Developer has submitted a plat, in compliance with the
provisions of the City Platting Ordinance, which shows a portion of Royal Creek Estates
Unit 1 adjacent to Excalibur Road;
WHEREAS, the part of Excalibur Road to be developed borders a City Park and
the City may bear its portion of the costs of development, according with the Platting
Ordinance IV. G. 2.j.;
NOW, THEREFORE, in order to provide a coordinated land development and
street construction project, the City and Developer agree as follows:
The Developer will construct certain improvements for and on behalf of the City
including pavement and sidewalks on Excalibur Road, which bounds a dedicated City
Park. The improvements are required to be constructed in accordance with the plans and
specifications approved by the City Engineer~ This Agreement will be. null and void if it
is determined by the City that the improvements are not constructed in accordance with
the approved plans and specifications; The corrections will then be contracted for and
fmanced completely by the Developer..
For Royal Creek Estates Unit 1, the total cost of the City's Share of public street
improvements, as. depicted on in Exhibit 2 is $29,949.00.
The City shall reimburse the Developer for the City's share of public improvements for
this development in the following manner:
Upon Recordation of the final plat of Royal Creek Estates Unit I, and final
acceptance of public improvements by the City Engineer, the Developer will be
paid for actual costs of the City's share, not to exceed $29,949.00, of the required
public improvements no later than sixty (60) calendar days from the date of final
acceptance by the City Engineer.
Participation Agreement
, ,
Page 1 of3
EXHIBIT E
Developer shall indemnify and hold harmless the City, its agents, officers and
employees (ltIndemnities") from all suits, actions or claims and from all liability for
any and aU injuries or damages sustained by any person, including without
limitation workers compensation, personal injury or death, arising from or incident
to the construction of the improvements, regardless of cause or of any concurrent or
contributing fault or negligence of indemnitees, including Indemnitees' sole
negligence.
Developer further agrees, in compliance with the City of Corpus Christi Ordinance No..
17112, to complete, as part of this Agreement, the Disclosure of Ownership Interests
form attached hereto as Exhibit 3
This agreement becomes effective and binding upon and inures to the benefit of the
parties hereto and their heirs, successors, and assigns from and after date of exeCution.
EXECUTED IN DUPLICATE originals, this_day of
, 2004.
- ATTEST:
CITY OF CORPUS CHRISTI
By:
Armando Chapa, City Secretary
By:
Margie C. Rose, Assistant City Manager
APPROVED:
DEVELOPER:
l-( day of M.J---
, 2004
MPM DEVELOPMENT
By:
~t1-
istant City A~mey
i"",l. "{ - A1,st;, L.1,"
~ Mostaghasi, President
Participation Agreement
.. -
Page 2 of3
STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on , 2004, by
Margie C. Rose, Assistant City Manager of the City of Corpus Christi, Texas, a Texas
home-rule municipal corporation, on behalf of said corporation.
Notary Public, State of Texas
STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on Sef+lI!:m~r Z~ , 2004, by
Vahid Mostaghasi, President of MPM Development a Texas Corporation, on behalf of
said corporation. ~.A ~~
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Participation Agreement
- -
Page 3 of3
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CITY OF CORPUS CHRISTI
DISCLOSURE OF INTERESTS
City of Corpus Christi Ordinance 17112, as amended. requires all persons or firms,seeking to.do business with the City to
provide the foIowIng infonnation.. Every question must be answered. If the question is not applicable, answer with -NAW.
FIRM ~AME: ..M..P .I!I..... ~~e 1O~ .t1.ENI........ Lf. L,,, C.. ~......... n ~.. ~.. lit u. ...... ..... . u u...... ..... . .. . . . ..... .. .. H. U "'" ... ..... "" . H".. oH
STREET: ...~2'....S....sr.et.a.............................. CITY: t.Qt..P.a~..CdfLllr............ ZIP: ..:'1I..~.a..L.
FIRM Is: 1" Corporation 0 ~ 2.. Partnership 0 3. Sole OWner 0 4. Association 0
5. other ~ .. Jr....Cr... CA.......... ........ ....... ......... ......... ...... ........ ............................................... ............... .....
DISCLOSURE QUEsnONS
If additional space is necessary. please use the reverse side of this page or attach separate sheet
1. State the names of each "employee" of the CIty of Corpus ChrIstI having an "ownershlp Interest" constituting 3%
or more of the ownership In the above named "fInn".
Name Job Title and City Department (If known)
.... .......... ...... .............. N .Ia...;................
2. StIlle the names of each "official" of the City of Corpus Christl having an "ownership Interest" constituting 3%
or more of the ownership In the amove named ....rm".
. Name TItle
. ................ ...... ............ ..H/~..... ......
3. State 1he names of each -ooard member" of Ile City of Corpus Christi having an -ownership interesr 'constituting 3% or
more of the ownership in the above named '1inn-.
Name Board, ConvnissJon or CommIttee
. ............ ....................... .1:::110.................
4. State the names of each employee or ofllcer of . -consultant" for the City of Corpus Christi who worked on any
. matter related to the subject of this contract and has .n -ownenhlp Interest" constituting 3% or more of the
ownership In the ebove named IefInn". .
Name
.... ....~-. ....... ..................... .~/~..............
Consultant
CERTIFICATE
I certify 1hat all information provided is.. true and correct as of the date of this statement, that I have not knowingly withheld
disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of
Corpus Christi, Texas as changes occur.
Certifying Person: ...v. A\i.l..D.... ~1.OSrA6H:~S. t........... Title: ....O.WAlf fl..... ................... ............ .......
(Type or Print)
Signature of Certifying Person: ..... r.(.t.. 1.. ~ L :;-../W jliJ.~ J........ Date: ....~./ 17/ L.... · .... no...... · ...... .... ....... ... . ....,
EXBffiIT 3
Page 1 of 2
AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE A PARTICIPATION AGREEMENT WITH MPM
DEVELOPMENT, L.L.C., OWNER AND DEVELOPER OF ROYAL
CREEK ESTATES UNIT 1 SUBDIVISION, FOR PUBLIC STREET
IMPROVEMENTS ON EXCALIBUR ROAD,. AN URBAN ROADWAY
ABUTTING A DEDICATED PUBLIC PARK, IN ACCORDANCE WITH
THE PLATTING ORDINANCE, NOT TO EXCEED $29,949.00 FOR THE
CITY'S SHARE OF COSTS OF THE IMPROVEMENTS; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS:
SECTION 1. That the required funds having been appropriated, the City Manager, .or
his designee, is authorized to execute a participation agreement with MPM
Development, l.L.C~, Developer, for the construction of public street improvements on
Excalibur Road, an ~rban roadway abutting a dedicated public park, in accordance with
the platting ordinance, not to exceed $29,949.00 for the City's share of the costs of the
improvements. A copy of the agreement is on file with the City Secretary's office.
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 as to consideration and voting upon ordinances at
two regular meetings so that this ordinance is passed and shall take effect upon first
reading as an emergency measure this the 28th of September, 2004.
ATTEST:
THE CITY OF CORPUS CHRISTI
Annando Chapa, City Secretary
Samuel L. Neal, Jr., Mayor
Approved as to form 4-~ i!l 2004
By: ~ IL/
JoserM Hame0
Assistant City Attorney
F or City Attorney
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 ordinan.ces 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. Neall Jr.
Brent Chesney
Javier 0.. Colmenero
Melody Cooper
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
14
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: Auaust 31. 3004
B.) AGENDA ITEM: AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A
FIVE YEAR CONCESSION SERVICES LEASE AND USE AGREEMENT WITH LESLEA
J. TITLOW DBA THE TEE BOX AT BOTH THE GABE LOZANO SR. GOLF CENTER
AND THE 050 BEACH MUNICIPAL GOLF COURSE IN CONSIDERATION OF LESLEA
J. TITLOW DBA THE TEE BOX PAYING 170/0 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 080 BEACH MUNICIPAL GOLF COURSE;
PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION.
ISSUE: The previous five~year contract with Prince Catering (also known as Mel's
Catering) was terminated by the City Council on July 13, 2004 for a variety of reasons
including nonpayment. Mells Catering was given 60 days notice of the termination and will
vacate on September 22,2004.
REQUIRED COUNCIL ACTION: The City Council must approve all multi-year leases.
PREVIOUS COUNCIL ACTION: The City Council terminated Mal's Catering lease on July
13, 2004.
CONCLUSION AND RECOMMENDATION: The staff recommends that the five-year lease
with Leslea J. Titlow, doing business as The Tee Box for golf course food and beverage
concessions at G"abe Lozano Sr. Golf Center and 080 Beach Municipal Golf Course be
approved.
Sally Gavr
Director Park and Recreation
Attachments:
Background Information
BACKGROUND INFORMATION
On July 13, 2004 the City Council terminated the contract for food and beverage
concessions at the municipal golf courses with Prince Catering (also known as Mel's
Catering.) A Request for Proposals (RFP) was issued on July 31 t 2004 requesting
proposals for a replacement concessionaire. And ad was run twice in the legal notices
section of the Caller-Times. The pre-proposal conference was held on August 9, 2004 and
the proposals were due on August 18, 2004. One proposal was received for the RFP. The
proposal submitted by Leslea Titlow, doing business as The Tee Box, was evaluated and
received high scores in all evaluation areas.
Leslea and Robert Titlow will be managing the operations at the two courses. Leslea
Titlow has been a Branch Administrator with IKON Office solutions for three years.
Previous to her move to Corpus Christi, Leslea managed a climate controlled storage
facility in D'lberville, Mississippi. Ms. Titlow has three years experience supervising several
concession booths with Ogden Foods at the Houston Superdome. Robert Titlow currently
is a Builder's Representative with Myers Home Builders. He was a Maintenance Engineer
at the Radisson and the Ramada hotels for 5 years. Mr. Titlow has been involved in a
startup business which included sales, marketing, accounts payable, accounts receivable,
and payroll. He was also a major force in the openings of two restaurants in Texas.
The Tee Box proposal listed several merchandising ideas and menu additions that showed
considerable knowledge of the local market and golfer tastes. The proposed prices of The
Tee Box.s menu reflected market sensitivity and in many areas are lower than the current
prices. The proposal reflected that considerable effort was put into a business plan for the
concession.
Page 1 of 2
AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A
FIVE YEAR CONCESSION SERVICES LEASE AND USE AGREEMENT
WITH LESLEA J. TITLOW DBA THE TEE BOX AT BOTH THE GABE
LOZANO SR. GOLF CENTER AND THE 050 BEACH MUNICIPAL GOLF
COURSE IN CONSIDERATION OF LESLEA J. TITLOW DBA 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 050 BEACH MUNICIPAL
GOLF COURSE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR
PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. The City Manager, or his designee, is authorized to execute a five year
concession services Lease and Use Agreement with Leslea J. Titlow dba The Tee Box
in consideration of paying 170/0 of Monthly Gross Sales or $1,750 per month, whichever
is greater, at the Gabe Lozano Sr. Golf Center; and 170/0 of Monthly Gross Sales or
$1,250 per month, whichever is greater. at the Oso Beach Municipal Golf Course. The
Lease and Use Agreement is attached as Exhibit A and a copy is on file with the City
Secretary .
SECTION 2. Under Article IX, Section 3 of the City Charter. the Lease and Use
Agreement begins on the 61st day after City Council adoption of this ordinance on
second and final reading and will have a term of five (5) years; and the second and final
reading of this ordinance is at least twenty eight (28) days after the first reading. Each
reading was done at a regular meeting of the City Council.
SECTION 3. 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 4. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
H:\LEG-DlR'DoyleO. Curtis'MYDOCS\2003.04\LEASE. ORD\082604OC~Lease.Leslea. TitIow~dba.TeeBoXa Golt Courses~Concess.ion5yr. Ord.doc
Page 2 of 2
The foregoing ordina~or the first time and passed to its second reading on
this the ~ day of . f ,2004, by the following vote:
Samuel L. Neal, Jr. ~ William Kelly
~
0Jf>
~
~
Melody Cooper
Mark Scott
--4--
~
-4-
Brent Chesney
Rex A. Kinnison
Javier D~ Colmenero
Jesse Noyola
Henry Garrett
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
William Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
Melody Cooper
Henry Garrett
PASSED AND APPROVED on the _ day of
ATTEST:
I 2004.
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
oyle ~ Curtis
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attorney
H:\LEG-DtR\DoyleD. Cu rtis\MYDOCS\2003. 04 \lEASE. ORD\082604DC.Lease. Leslea. Trtlow.dba. Tee Box. Golf. Courses. COIlC8SS. ion5yr.Ord . doc
15
AGENDA MEMORANDUM
DATE: September 14,2004
AGENDA ITEM:
1 a. PubUc hearing 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.
1 b. 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 Stonn
. Sewer Master Plan, tor the areas of Wood River, Riyer Hills, Valley View, and Quail
Valley, in the area of FM 624 west of Hig.hway n, adopted March 10, 1982 by
Ordinance No. 16927 {Stonn Drainage Plan and Sanitary Sewer Plan for the area
west of Calallen (five points)}, by approving and adopting the Wastewater CoIleqtion
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 I 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.
,
.~~~~/c;.~
Foster Crowell r ' ,0
Director of Wastewater
A9.s1itional SUPDOrt Material:
Exhibit MA- Background Infonnation
Exhibit "B" Allison Service Area Map
Attachment 1: Separate Cover . g
H=V'IO"E\L"rM)AS'GEN\W~ Pl.ANT\7'236 - Cdlf!dIm Svstem Master P!an\Mernotandlm..d
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 Mure land use. The new wastewater
collection system master plan addresses Mure 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 pubtic hearing to the Planning
Commission. During 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 stann 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 Com 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 -Art
Page 1 of2
have their own treatment facilities to address their domestic wastewater
and industrial process water.
. the area generally bounded by IH 37, Com 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
~
N
\
WASTEWATER COLLECTION SYSTEM MASlER PLAN-
ALLISON SERVICE AREA
CA
If
b.
LOCATION MAP
NOT TO SCALE
EXHIBIT -B-
CITY OF CORPUS CHRI5n" TEXAS
CITY COUNCIL EXHIBIT
DEPARTAIENT OF ENGtNfERlNG SERVICES
PAGE: 1 of 1
DA1F:09/14/2004
IQ
---
~ -
..r _
~--~~~~
WASTEWATER COLLECTION SYSTEM MASTER PLAN ~
ALLISON SERVICE AREA
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 fOfWarded 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 publiCI 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 detennined that this adoption would best serve public
heatth, 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 r 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 northwest 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 Com Products road is hereby deleted from the Master
Sanitary Sewer Plan as prepared by Reagan and McCaughn and adopted Dece-:nber
H:\l..EG-DlR\Joseph\tJrd-SSPlan.Allison.doc
Page 2 of 3
2311964 by Ordinance No. 7441. as shown in Attachment 1.
SECTION 4. That the area generally bounded by IH 37, Com 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 Stonn
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
pr9vision 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.
SE.CTlON 8. Publication shall be made. in the official- publication of th-ecify()fCofpus -- .
Christi as required by the City Charter of the City of Corpus Christi.
H:'l.EG-OIRUoseph'Drd-SSPlan-AJlison.doc
Page3of3
That the foregoing ordinance was rea for the first time and passed to its second
reading on this the ILfri- day of 2004, by the following vote:
Samuel L. Neal, Jr. ~
Brent Chesney ~
Javier D. COlmenero~
Melody Cooper ~
Bill Kelly ~
RexA. Kinnison ~
Jesse Noyola
Mark Scott
~
~
Henry Garrett
~
That the foregoing ordinance was read for the second time and passed finally on
this the day of r 20041 by the following vote:
Samuel L. Neal, Jr. Bill Kelly
Brent Chesney Rex A. Kinnison
Javier D. Colmenero Jesse Noyola
Melody Cooper Mark Scott
Henry Garrett
PASSED AND APPROVED, this the day of , 2004.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
Approved as to legal form ~J..- 1-
, 2004;
By: ~(b ~
Joseph amey. (5
Assistant City Attorney
For City Attorney
H:\LEG-DIR\Joseph\Ord-SSPlan--Anison.doc
16
CITY COUNCIL
AGENDA MEMORANDUM
PRESENlA liON
AGENDA ITEM: Regional Transportation Authority Annual Report
STAFF PRESENTER(S):
Name
George K. Noe
Title/Position
City Manager
DeDsrtment
City Manager
OUTSIDE PRESENTER(S):
Name
Title/Position Oman Ization
1. Ricardo Sanchez
2. David Seller
General Manager RT A
Director of Operations RT A
ISSUE: Annual Report
BACKGROUND: None
REQUIRED COUNCIL ACTION: None
Powerpoint
~
17
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM: Corpus Christi Convention and Visitors' Bureau, Quarterly Presentation
STAFF PRESENTER(S):
Name
George K. Noe
Title/Position
City Manager
Department
City Manager
OUTSIDE PRESENTER(S):
.Name
Title/Position
Organization
Tom Galyon
President and CEO, Corpus Christi
Convention and Visitors' Bureau
ISSUE: Quarterly Presentation
BACKGROUND: None
REQUIRED COUNCJL ACTION: None
George . Noe
City Manager
18
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM:
Presentation on the Memorial Bench and Tree Project by a representative of Friends of the
Parks9
STAFF PRESENTER(S):
_Name
1. N/A
2.
3.
TltlelPosltlon
Department
OUTSIDE PRESENTER(S):
Name
TltlelPosltlon
Oraanlzatlon
1. Charlotte Hutchinson
2.
Friends of the Parks
ISSUE: N/A
BACKGROUND:
The Memorial Tree and Bench Project is a Friends of the Parks project recently
presented to the Park and Recreation Advisory Committee.
REQUIRED COUNCIL ACTION:
Additional Background 0
Exhibits 0
I:}' ie 1'1 cIs 01 tJIE~ I) elf ks
.Jt:6
~
~'
fA
September 28, 2004
Summary
1. Friends of the Parks, Inc.
a. Who we are
b. Mission
c. Action Plan
2. Completed and Current Projects of Friends of the Parks, Inc.
3. Proposed Project for City Council Consideration:
Memorial Tree and Bench Program to be administered by Friends of the
Parks, Inc. as a service to Corpus Christi Parks and Recreation
Department.
a. Friends of the Parks, Inc. is seeking City Council endorsement for the
right to administer the Memorial Tree and Bench Program within
Corpus Christi City Parks.
b. Friends of the Parks, Inc. is seeking City Council approval of the use
of the following City Resources for successful management of the
Memorial Tree and Bench Program:
· "In-kind services" of tree planting.
· Irrigation assessment of potential tree planting sites.
· Announcement of the Memorial Tree and Bench Program on
utility bill stuffer with check-off on bill to donate to the
program.
· Installation, but not purchase of, concrete pads for memorial
benches.
· Installation of memorial benches.
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19
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM:
Update on the City's Non-Discrimination Ordinance, under the Human Relations Chapter
24 of the City Code of Ordinances. - "Discrimination Against an individual with a
Disabilityn.
STAFF PRESENTER(S):
Name
1. Wanese Butler
2.
3.
Title/Position DeDartment
Acting Director Human Relations
ISSUE:
Upon implementation, the City Council is to receive updates regarding the progress of
efforts made under the "non-discrimination ordinance" which amended the Code of
Ordinances Chapter 24, Human Relations, with the addition of Article V, "Discrimination
Against an individual with a Disability".
BACKGROUND:
Please see attached
REQUIRED COUNCIL ACTION:
None at this time.
,.,;~
. Acting Director of Human Relations
Additional Background X
Exhibits 0
BACKGROUND INFORMATION
City of Corpus Christi
Non-Discrimination Ordinance Based on Disability
The City's Non-Discrimination Ordinance (NDO) amended Chapter 24 of the Code of
Ordinances by adding Article V - "Discrimination Against an individual with a
Disability". The NOD provides local enforcement in the review and investigation of
allegations of discrimination against persons with disabilities in public programs, services,
activities, and privately owned businesses serving the public.
To follow is the status on implementation efforts and resources as well as an outline of
incoming complaints under the NOD for the period of February through July 2004. The
number of complaints during this period has been relatively low under the complaint-<triven
process..
I.. Implementation Status
Initially. a Compliance Officer and Staff Assistant were recommended for the
implementation of the NDO. However. it was later detennined that the Compliance
Officer dl)ties would be absorbed through the reassignment of duties among the
existing departmental staff for FY 2004-05. The Staff Assistant position was
approved and the department proceeded with the hiring process in August 2004..
II. Complaints
The processing of complaints between February and July of 2004 include the
interim handling of incoming complaints before the hiring of addition~1 staff
a.nd conducting a formal outreach campaign. The City is utilizing existing
procedures that were updated, upon review by the Committee for Persons
with Disabilities, City Attorney's Office. Human Resources and Human
Relations.
To follow is an outline of complfiints received under major NOO provisions:
A. Investigations of all complaints received regarding discrimination by a
place of Public Accommodations (public businesses). There were Q
complaints filed during this period:
1. Restaurants
Three (3) complaints were received with allegations of
discrimination at three different establishments:
a. No accessible parking designation including signage. This
has been resolved.
BACKGROUND Continued
Outline of NDO Complaints - 2 of 3
Restaurants - continued
b. No accessible parking, no accessible restrooms, no
accessible entrance, no accessible entrance ramp and the
entrance door is inaccessible. (Pending)
c. .No accessible entrance ramp. (Pending)
2. Retail Shop
A complaint against a retail shop alleging that the restroom door
was locked and the key was unavailable. Correction by making
key available to customers~
3. Medical Center
A complaint was received alleging that the entrance ramp and
sidewalk to the building were inaccessible. The repairs have
been completed.
4. Non-Profit - Sports Tournament
A complaint was received alleging harassment by an umpire
position toward a person having a disability. The umpire
association handling the disciplinary matter.
B. Effect on Other Governmental Entities
There have been ~ complainants during this reporting period that were
referred to the appropriate agency/entity:
1. A complaint alleging inaccessible service in that the one accessibility
line had been as eliminated for persons with disabilities.
2. A complainant with a classroom issue under the Individuals with
Disabilities Education Act (IDEA).
3~ A complainant raised a lack of accessibility for the hearing
impairments during the modification/renovations of an auditorium.
c. Investigation of all complaints received excluding People with
Disabilities from participation in, be denied the benefits of, or otherwise
be subjected to discrimination under any program activity operated or
contracted by the City of Corpus Christi. There have been 50
complaints during this reporting period:
1 . Convention Center
a. No accessible ramp leading to the platform at a graduation
ceremony. A lift was available. The school district did not
request a ramp due to safety issues and viewing area.
b. Inaccessible balcony in the auditorium. Reasonable
accommodations may be made in other seating areas.
BACKGROUND Continued
Outline of NDO Complaints - 3 of 3
c. Inaccessible van parking spaces. Resbiping of the parking
lot is anticipated through an Engineering Services project~
2. McGee Beach - No accessible ramp onto the beach area.
Access onto McGee Beach is a pending through the Seawall
Project. Engineering Services and the contractor are exploring
possible options for interim access.
3. Memorial Coliseum
Inaccessible seating during Arena Football games. ADA
specifications provided for crews setting up non-permanent seats.
4. Streets - City Intersections
Curb ramps requested in the Windsor Park neighborhood
between Airline and Staples. Pending individual curb ramp
project work.
5. Parking Fee Exempt
Underground parking at the Convention Center and also the
International Airport (short/long term parking).
6. Automated Trash Carts
Citizens who are unable to take the trash cart to the curb for
automated trash pick up service may request a reasonable
accommodation for "back door" service. Between February and
July 2004, 43 accommodations were approved for this ADA
"back door" service.
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20
AGENDA MEMORANDUM
DATE: September 28,2004
SUBJECT: Meadowbrook Subdivision Area Drainage Improvements
(Project No. 2128)
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to award a construction contract to
Jalco, Inc. of Houston, Texas in the amount of $2,340,347.20 for the Meadowbrook
Subdivision Area Drainage I mprovements Project.
ISSUE: The Meadowbrook Subdivision area floods during times of frequent rain events~
The project has bid and is ready to begin the Construction Phase. City Council action is
required to complete the project.
FUNDING: Funds to finance the proposed project are available in the FY 2003-2004 Storm
Water Capital Improvement Budget.
: Staff recommends approval of the Motion as presented.
'"
y'1-7'o+-
I R. Escobar, P. E.,
irector of Engineering Services
Additional Support Material:
Exhibit "A" Background Information
Exhibit "1" Water Surface Elevation Improvements Chart
Exhibit "8" Bid Tabulation
Exhibit "e" Project Budget
Exhibit "D" Location Map
H:\USERS2\H()ME\VElMAR\GEN'DRAINAGE\2128\CONSTRUCTlON'v\GENDA MEMO
BACKGROUND INFORMATION
SUBJECT: Meadowbrook Subdivision Area Drainage Improvements
(Project No. 2128)
PRIOR COUNCIL ACTION:
1. October 21. 2003 - Motion authorizing the City Manager, or his designee, to
execute a Contract For Professional Services with LNV Engineering, Inc. for a total
fee not to exceed $232,355 for the Meadowbrook Subdivision Area Drainage
Improvements Project (Motion No. M2003-374).
2. February 10. 2004 - Approval of the Capital Improvement Budget FY 2003-2004
(Ordinance No. 025647).
PRIOR ADMINISTRA liVE ACTION:
1. February 20.2002 - Distribution of Request For Qualifications (RFQ) No. 2002~01
(Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering
firms (28 local and 14 out-of-town).
2. March 13. 2002 - Addendum No.1 to the Request for Qualifications (RFQ) No.
2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42
engineering firms (28 local and 14 out-of-town).
3. March 15. 2002 - Addendum No. 2 to the Request for Qualifications (RFQ) No.
2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42
engineering firms (28 local and 14 out-of-town).
4. March 26. 2002 - Addendum No.3 to the Request for Qualifications (RFQ) No.
2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42
engineering firms (28 local and 14 out-of-town).
5. March 28. 2002 - Addendum No.4 to the Request for Qualifications (RFQ) No.
2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42
engineering firms (28 local and 14 out-of-town)~
PROJECT BACKGROUND: This project is part of the Council~approved Storm Water
Capital Improvement program's $55M list of priority projects. The Meadowbrook
Subdivision area floods during times of frequent rain events and residents often experience
flooding in their homes during major rainfall events. A Contract For Professional Services
. was awarded to LNV Engineering, Inc. on October 21,2003 to complete an engineering
hydraulic analysis of the area. The neighborhood drainage project study area is bounded
by one block north of Gollihar, Staples/McArdle Road on the south, Airline Road on the
east and Mustang Trail on the west.. The storm sewer system within this area was
reviewed as well as the drainage outfall known as the Cullen Channel. A small sub
drainage area (Shephard Street and Whitaker Drive) off of the Cullen Channel was also
investigated, because of historical flooding problems (NIP4).
EXHIBIT "An
Pa e 1 of 3
HH:\HOME\l YNOAS\GEN\Stonnwater\2128 . Meadowbrook Drainage\AGENOA BACKGROUND.doc
The storm sewer improvements recommended greatly increase the downstream capacity
of the major trunk system, therefore providing substantial storm sewer capacity
improvement to the entire area. The existing system is currently at a 25-yr storm event and
the proposed improvements in this area will meet the requirements of a 1 OO-yr storm event.
(See Exhibit 1)
This project has been carefully coordinated with the Park & Recreation Department, Golf
Course staff and Park & Rec. Greens Committee to minimize the effect to operations. A
Golf Course Consultant has been included to expedite construction in an efficient and
effective manner.
PROJECT DESCRIPTION: Meadowbrook Subdivision Area Drainage Improvements
consists of installation of various sizes of storm sewer pipe and inlets, 550 linear feet of 10'
x 6' concrete box culvert, pavement reconstruction, channel widening and regarding, and
excavation and reshaping of 080 Lake.
This project consists of seven (7) different areas:
Area 1. Neighborhood Drainage Improvements
Area 2- Box Improvements (Lum Avenue to outfall)
Area 3- Cullen Channel Improvements (Airtine Road to Belmeade Road)
Area 4..Shephard Street and Area Streets Drainage Improvements
Area 5-Cullen Channel Improvements (Belmeade Road to Cullen Dam)
Area 6...Regrading and Reshaping 050 lake
Area 7-Downstream Oso Lake Improvements
For construction purposes, this project has been divided into two (2) parts:
PART A:
This includes Areas 1 thru 4. Construction can begin on part A once the Contractor has
been awarded the project and given notice to proceed with construction
PARTB:
This includes Areas 5, 6 and 7.
. The United States Army Corps of Engineers (USACE) has jurisdiction over Areas 5,
6 and 7 and a permit will be required for these areas.
. Construction on Part B cannot begin until the permitting process has been approved
and completed by the USACE.
. The permit process is ~urrently ongoing and anticipated completion of permit is 8 to
12 months from bid date.
. Construction of Areas 5, 6 and 7 can be altered on eliminated depending on
USACE permit approvaL
EXHIBIT "A"
Pa e 2 of 3
HH:\HOME\L YNDAS\GEN\Stormwater\2128 ~ Meadowbrook Drafoage\AGENDA BACKGROUND.doc
BID INFORMATION: The City received proposals from three (3) bidders on August 11, .
2004. See Exhibit UB" Bid Tabulation. The bids range from $2,325,347.20 to
$2,512,535.20. The Base Bid consists of two (2) parts as follows:
. Part "A" - consists of drainage improvements in the Meadowbrook Subdivision Area.
The contractor shall commence work on Part "A" within ten (10) calendar days after
receipt of written notice from the Director of Engineering SelVices.
. Part "B" - consists of drainage improvements to the Cullen Channel from Belmeade
Drive to Cullen Dam, and includes excavation and reshaping of the 050 Lake. The
contractor shall commence work on Part "8" within ten (10) calendar days after
receipt of U. S. Army Corps of Engineers (USACE) permit and written notice from
the Director of Engineering Services.
The project includes one (1 ) Additive Alternate. It consists of underbrush clearing of three
(3) acres along the down stream of Lake 080..
The Engineer's estimated construction cost for the project is $2,313,000. The City's
consultant, LNV Engineering, Inc~, and City staff recommend that the Total Base Bid and
Additive Alternate No.1 be awarded in the amount of $2,340,347.20 to Jalco, Inc. of
Houston, Texas for the Meadowbrook Subdivision Area Drainage Improvements Project.
CONTRACT TERMS: The contract specifies that the project will be completed in 240
calendar days for Part A, and 180 calendar days for Part B. Completion is anticipated by
May 2005 for Part "A"; and by March, 2005 for Part "8".
EXHIBIT "A"
Pa e 3 of 3
HH:\HQME\L YNDAS\GEN\StornTNater\2128 . MeadowbrOO< Dfainage\AGENDA BACKGROUND.doc
Meadowbrook Subdivision Area Drainage Improvements Project
Exhibit 1
Water Surface Elevation Improvements
100 YR Hydraulic Grade Line (FT)
Existing Proposed Improvement
Airline. 16.15 14.28 1.87
Belmeade** 15.54 13.35 2.19
Cullen Dam*ti 13.75 9.92 3.83
050 Dam"'. 11.03 9.71 1.32
Outfall 6.10 6~10 0.00
25 YR Hydraulic Grade Line (FT)
Existing Proposed Improvement
Alrline* 15.09 13.45 1.64
Belmeade** 14.24 12.00 2.24
Cullen Dam....... 13.10 9.41 3.69
080 Dam***"" 10.58 9.25 1.33
Outfall 5.61 5.61 0.00
NOTES:
*Elevation at Dorothy/Park St. intersection (Koolside Park area) is .approximately 21'
**Elevation at Belmeade bridge is 16.22'
***Elevation at Shepard/Hugo intersection is approximately 13' (Outfall into 080 Lake is 6')
****Elevation at Whitaker top of curb is 12.34' (Whitaker located south of 080 Lake)
Exhibit "1 "
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EXHIBIT "B-'
Pa e 6 of 6
PROJECT BUDGET
MEADOWBROOK SUBDIVISION
AREA DRAINAGE IMPROVEMENTS
(Project No. 2128)
September 28, 2004
FUNDS AVAILABLE:
Storm Water..... . . . . . . . . . ~ ~ . . . . . . .. . . .. . .. . .. . . .. .. . .. .. .. . . . . . . . . . .. . . . . . . . ... . . . . . . .
FUNDS REQUIRED:
Co nstructio n (J a leD, In c. ) .. . . . . . .. . . . . . . . .. . . . .. . . .. . .. . . . . . . ... . . . . . . . . . . . . . ..
Co nti n ge n cies (1 00/0 ) .. . .. . . .. . . . . . . . .. . .. . .. . n .. . . . . H .. .. .... . . . . . . . . . . . . .
Consultant (LNV Engineering)..... u............ H.. H.......... q...
E ng i nee ri ng Reim b u rseme nts. .. . . . . . .. . . .. . .. .. . . . . . . . . . . . . .. . .. . .. .. . . . . . . .. .
Construction Inspection Activity.. . .. u .. . .. . .. .. . .. .. . . .. . . .. .. . . n . *. . .
Misc. (Printing, Advertising 1 etc.).................. n . . . .. . . . .. . . .. . . . .
T ota I. . . . . .. . . . ~ .. . .. .. . . . .. . .. . . . . . . . . .. . . .. . .. . . . .. . . .. . . ~ . .. . . . .. . .. . . .. . . . . . . . . . . . .. . . . . .
- $2,866,702..20
$2,340,34 7.20
234,000.00
232,355.00
18,000.00
39,000100
3,000.00
$2,866,702.20
EXHIBIT "e"
Pa e 1 of 1
File : \ Mproject \ councilexhibits \ exh2128b~dwg
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CORPUS CHRISn ~
BAY
PROJECT LOCA TION
FM 2444
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EXHIBIT -D-
CITY PROJECT No.2128
CITY COUNCIL EXHIBIT
DEPARTMENT OF ENGINEERING SERVICES
Li
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- -
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MEADOWBROOK SUBDIVISION AREA
DRAINAGE IMPROVEMENTS
PAGE: 1 of 1
DATE: 9-23-2004
CITY Of CORPUS CHRISTI TEXAS
21
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: September 14. 2004
AGENDA ITEM:
An ordinance appropriating $71000 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.
ous~ @~
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.
ATTEST
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Approved: September 10, 2004
~ ~ dyy~ ~,j.,i
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 t
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