HomeMy WebLinkAboutAgenda Packet City Council - 10/12/2004CITY COUNCIL AGENDA
OCTOBER 12, 2004
Corpus Ch risti
AII-AmedcaCity
11:45 A.M. - Proclamatioo dectadng the week of October 11-15, 2004 as 'Court Observance Week'
Proctamafio~ dectming the week of October 15-17, 2004 as 'Texas Jazz Fes0vaJ Days"
Prodamal~ee declaring Ihe week o1' October 11-16, 2004 as 'White Cane Awareness Week'
ProctarnalJon declaring the monlh of October as "NaUonal Arts and Humanities Month"
'Al Your Service Award", City Staff RecognilJon
12:30 P.M. - Joint Meeting of Ihe City Council and Board Members of the Port Aulhodty of Corpus Chdsa, 6th
Ro~- Conference Room to receive the Port of Corpus Christi's Annual Report and to discuss matters of Joint
interest.
AGENDA
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD
OCTOBER 12, 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 addross the Council at approximately 12:00 p.m. or at the end
of lhe Councit Meeting, whichever is earlier. Please speak into the microphone located at the p<~dlurn and stale your name
and address. Your presenleEon will be limited to three minutes. If you have a petition or other information pertaining to your
subject, please prosent It to the City Secretary.
Si Usled desea dirigirse al Concilio y cree qua su ingl~Js es limitado, habr~ un int~rprote ingl(~s-espat~ol en fodas las juntas
del Concilio para ayudarle.
Persons with disabil~es who plan to attend this meeting and who may need auxiliary a/ds or services am rsquested to
contact the City Secretary's office (at 361-880-3105) at least 48 hours in advance so that appropriate arrangements can be
made.
A. Mayor Samuel L. Neal, Jr. to call the meeting to order.
Invocation to be given by Reverend Arthur L. Lane, St. Matthew Missionary Baptist
Church.
C. Pledge of Allegiance to the Flag of the United States.
D. City Secretary Armando Chapa to call the roll of the requlrsd Charter Offlcem.
Mayor Samuel L. Neal, Jr.
Mayor Pro Tern Jesse Noyola
Council Members:
Brent Chesney
Javier Colmenero
Melody Cooper
Henry Garrett
Bill Kelly
Rex Kinnison
Mark Scott
City Manager George K. Noe
City Attomey Mary Kay Fischer
City Secretary Armando Chapa __
Agenda
Regular Coundl Meeting
O~ober12,2004
Page 2
E. MINUTES:
1. Approval of Regular Meeting of September 28. 2004.
(Attachment # 1)
F. BOARDS & COMMI'I'rEE APPOINTMENTS: (Attachment # 2)
Commission on Children and Youth
Leadership Committee for Senior Services
Museum of Science and History Advisory Committee
Storm Water Management Advisory Committee
G. EXPLANATION OF COUNCIL ACTION:
For administrative convenience, certain of the agenda items ara listed
as motions, resolutions, or ordinances. If deemed appropdate, the City
Council will use a 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 reconsidermaybe 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 after the items not
requidng 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 ell motions, resolutions end ordinances not
removed for Individual c, on$1dera~:)n)
CITY COUNCIL
PRIORrI'Y ISSUES
(Re,er to legend at the end o~ the
age,da summary)
Agenda
Regular Council Meeting
O~ober12,2004
Page 3
5.5.
Resolution authorizing the City Manager or his designee to
execute an Intedocal Cooperation Agreement with Corpus Chdsti
Independent School District in the amount of $162,036 for the
DARE and KIDS and COPS Curricula and to execute all related
documents. (Attachment# 3)
Resolution authorizing the City Manager or his designee to
accept a grant from the State of Texas, Office of the Governor,
Cdminal Justice Division, in the amount of $92,001 for eligible
funding under the Juvenile Accountability Incentive Block Grant
Program to reduce juvenile delinquency, improve the juvenile
justice system, and increase accountability for juvenile offenders,
with a City match of $10,223 in the No. 1020 General Fund, and
a total project cost of $102,224. (Attachment # 4)
Ordinance appropriating $92,001 from the State of Texas, Office
of the Governor. Cdminal Justice Division, in the No. 1061 Police
Grant Fund for eligible funding under the Juvenile Accountability
Incentive Block Grant Program to reduce juvenile delinquency,
improve the juvenile justice system, and increase accountability
for juvenile offenders; transferring $10,223 from the No. 1020
General Fund and appropriating it in the No. 1061 Police Grant
Fund to continue to operate a Juvenile Court within Municipal
Court. (Attachment#4)
Resolution authorizing the City Manager or his designee to accept
a grant from the Texas Department of Public Safety Division of
Emergency Management in the amount of $1.000 under the Local
Hurdcene Grant Program for enhanced hurricane related public
awareness and education. (Attachment # 5)
Ordinance appropriating $1,000 from the Texas Department of
Public Safety Division of Emergency Management in the No.
1063 Emergency Management Grants Fund for enhanced
hurricane related public awareness and education. (Attachment
# 5)
Resolution authorizing the City Manager or his designee to accept
a grant from the Texas Department of State Health Services in
the amount of $620,000 for the Women, Infants, and Children
Program for FY 2005, based on a $10.45 reimbursement for each
pa~cipant served. (Attachment # 6)
CITY COUNCIL
PRIORITY ISSUES
(Reter Io lege~:l at Ihe en~l ~ 6qe
agenda su~)
Agenda
Regular Council Meeting
October12,2004
Page 4
6-5.
10.
11.
Ordinance appropriating a grant with the Texas Department of
State Health Services in the No. 1066 Health Grants Fund in the
amount of $620,000 for the Women, Infants, and Children
Program for FY 2005, based on a $10.45 reimbursement for each
participant served. (Attachment # 6)
Ordinance appropriating $201,500 from the estimated program
income revenue in the No. 1066 Health Grants Fund as State
Fiscal Year 2004-2005 program income to fund laboratory and
nursing services for the pedod of September 1, 2004 through
August 31,2005. (Attachment # 7)
Motion authorizing the City Manager or his designee to execute
a Utility Easement instrument with L&L Family Partnership, Ltd.,
for Parcel 428, in the total amount of $35,000, necessary for the
Southside Water Transmission Main, Phase 4a, Project #8425,
and for other municipal purposes. (Attachment # 8)
Motion authorizing the City Manager or his designee to execute
a construction contract with ARC Abatement, of Corpus Chdsti,
Texas in the amount of $82,430 for the Corpus Chdsti
International Airport Air Traffic Control Tower Asbestos
Abatement project. (Attachment # 9)
Motion authorizing the City Manager or his designee to execute
Amendment No. 1 to a Contract for Professional Services with
Naismith Engineering, Inc., of Corpus ChdstJ, Texas in the
amount of $120,995, for a total restated fee of $145,495 for
Storm Sewer Extensions at the following locations:
(Attachment # 10)
Leonard Drive/Mulholland Drive Drainage Improvements,
Villa Ddve Drainage Improvements, Phase 1,
Fair Oaks Ddve Drainage Improvements,
Milky Way Drive Outfall Improvements, and
Greenwood Park Area Drainage Improvements.
Motion authorizing the City Manager or his designee to execute
Amendment No. 4 to the contract with EMA, Inc., of Houston,
Texas In the amount of $674,510 for next phase implementation
of the Computerized Maintenance Management System.
(Attachment # 11 )
CITY COUNCIL
PRIORITY ISSUES
(Rel~' to legem:l al Ihe end ~ Ihe
age~:la summary)
Agenda
Regular Council Meeting
O~ober12,2004
Page 5
12.
Motion authorizing the City Manager or his designee to execute
an agreement with the Corpus Chdsti Regional Economic
Development Corporation (EDC) whereby the EDC will promote
economic development in the Corpus Christi Bay area for an
annual fee of $475,000 and ratifying the first quarterly payment.
The agreement term is August 1,2004 through July 31, 2005.
(Attachment # 12)
I. PUBLIC HEARINGS: (NONE)
J=
PRESENTATIONS:
Public comment will not be solicited on Presentation items.
13.
Presentation bythe Junior League of Corpus Chdsti regarding an
alternative site for the skate park. (Attachment # 13)
14.
Cdme Control and Prevention Distdct Quarterly Project Update.
(Attachment # 14)
15.
Council Update on remaining Bond Issue 2000 Projects, including
public safety training facility. (Attachment # 15)
K=
REGULAR AGENDA
CONSIDERATION OF MOTIONS. RESOLUTIONS. AND ORDINANCES;
16.
Ordinance repealing Ordinance No. 024703 which imposes
assessments and fixes liens on property abutting improvements
for Southmoreland Addition Street Phase 3A - Lewis Street
between Richard and Clemmer and 4A - Ramsey Street between
Brawner Parkway and Norton Street; repealing portions of
Resolution No. 024623 which determines the necessity for and
ordering the improvements to Southrnoreland Addition Street
Phase 3A - Lewis Street between Richard and Clemmer and 4A -
Ramsey Street between Brawner Parkway and Norton Street and
which imposes assessments and directs filing of proposed
assessments; repealing portions of Resolution No_ 024624 giving
notice of proposed assessments;
CITY COUNCIL
PRIORITY ISSUES
(Refer ~o legend al b'le end of ~3e
Agenda
Regular Coundl Meeting
Odoberl2,2004
Page 6
17.
Repealing Ordinance No. 024288 which imposes assessments
and fixes liens on property abutting improvements for Omaha
Ddve - Interstate Highway 37 to Leopard Street; repealing
portions of Resolution No_ 024246 which determines the
necessity for and ordedng the improvements to Omaha Ddve -
Interstate Highway 37 to Leopard Street and which imposes
assessments and directs filing of proposed assessments;
repealing portions of Resolution No. 024247 giving notice of
proposed assessments;
Repealing Ordinance No. 024729 which imposes assessments
and fixes liens on property abutting improvements for Hampshire
Road from State Highway 358 to McBdde Lane; repealing
portions of Resolution No. 024625 which determines the
necessity for and ordering the improvements to Hampshire Road
from State Highway 358 to McBdde Lane and which imposes
assessments and directs filing of proposed assessments;
repealing portions of Resolution No. 024626 giving notice of
proposed assessments;
Repealing Ordinance No. 024927 which imposes assessments
and fixes liens on property abutting improvements for Flour Bluff
Area Street Improvements Phase 1 (Scotland Street - N. A. S.
Ddve to Jane Street) 0Nebb Street - N. A. S. Drive to Jane Street)
(Cladde Street - N. A. S. Ddve to Mounts Street) (Jane Street -
Jester Street to Cladde Street) (Mounts Street - Cladde Street to
Lakeside Drive); repealing portions of Resolution No. 024865
which determines the necessity for and ordering the
improvements to Flour Bluff Area Street Improvements Phase 1
and which imposes assessments and directs filing of proposed
assessments; repealing portions of Resolution No. 024864 giving
notice of proposed assessments;
Repealing Section 49.21 ( C. II )(1)-(4) Code of Ordinances, City
of Corpus Chdsti;
Providing for refunds of all assessments in these projects and
release of all assessment liens. (Attachment # 16)
Ordinance amending the Code of Ordinances Section 33-117
Permit Fees by revising the fee structure for recognized non-prof'~
organizations. (Attachment # 17)
CrTY COUNCIL
PRIORrI'Y' ISSUES
Agenda
Regular Coundl Mee~ng
October12,2004
Page 7
18.
First Reading Ordinance - Amending Chapter 49 of the City of
Corpus Christi Code of Ordinances by adopting new Article VII
and amending Article IV, Section 49, relating to the requirement
that all pipelines in the City rights-of-way and in City-owned
property be licensed or otherwise authorized by the City;
establishing procedures for the application for and granting of
licenses; establishing the charges for the use of City rights-of-way
and City-owned property by authorized and unauthorized
pipelines; providing for protection of City rights-of-way and City-
owned properties and interests; reserving the City's claims for
pdor occupation of public property by pipelines; providing for
related matters; and other provisions related to the subject matter
of this ordinance; providing an effective date; providing for
penalties; providing for reservation of civil remedies.
(Attachment # 18)
(RECESS REGULAR COUNCIL MEETING)
MEETING OF CITY CORPORATION:
CORPUS CHRISTI HOUSING FINANCE CORPORATION
MEETING: (Attachment# 19)
AGENDA
CORPUS CHRISTI HOUSING FINANCE CORPORATION
SPECIAL MEETING
Date:
Tuesday, O~ober12, 2004
Time:
During the meeting of the City Council beginning at
10:00 a.m.
Location:
City Council Chambers
1201 Leopard Street
Corpus Christi, Texas 78401
1. President Mark Scott ceils meeting to order.
CITY COUNCIL
PRIORITY ISSUES
(Re[~- I= legend at the end o~ Ifle
age~da surr~arT)
2. Secretary Armando Chapa calls roll.
Agenda
Regular Council Meeting
October 12, 2004
Page 8
Board of Directors
Mark Scolt, President
Bill Kelly, Vice President
Bren/Chesney
Javler Colrnenero
Melody Cooper
Henry Garrett
Rex A. KJnnison
Samuel L. Neal, Jr.
Jesse Noyola
Officers
Geerge K. Noe, General Manager
An'nando Chapa, Secre[ary
Mary Juarez, Asst. Secretary
Cindy O'Brien, Treasurer
Constance P. Sanchez, Asst.
Treasurer
3. Approve Minutes of June 22, 2004 meeting.
4. Financial Report_
Consider the adoption of the following resolutions
concerning the development of two multi-family housing
projects at the southeast comer of the intersection of
Interstate Highway 37 and North Padre Island Drive:
INDUCEMENT RESOLUTION PERTAINING TO THE
ISSUANCE OF APPROXIMATELY $11,965,000 IN
MULTI-FAMILY MORTGAGE REVENUE BONDS IN
CONNECTION WITH A 250-UNIT APARTMENT
PROJECT BY COSTA TARRAGONA I, LTD.
INDUCEMENT RESOLUTION PERTAINING TO THE
ISSUANCE OF APPROXIMATELY $11,965,000 IN
MULTI-FAMILY MORTGAGE REVENUE BONDS IN
CONNECTION WITH A 250~INIT APARTMENT
PROJECT BY COSTA TARRAGONA II, LTD.
6. Public Comment.
7. Adjournment.
(RECONVENE REGULAR COUNCIL MEETING)
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,
CITY COUNCIL
PRIORITY ISSUES
(Re fe~ to legend at the end of bhe
age~da summaP/)
Agenda
Regular Council Meeting
October 12, 2004
Page 9
20.
PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL
CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A
recording Is made of the meeting; therefore, please speak into the microphone
located at the podium and state your name and address, ff you have a petition
or other Informa~on pe/lalnlng to your subject, please pm,sent it to the City
Secretary.)
Si usted se didge a la junta y cree que su ingl~s es Ilmitado, habr-& un int~rpmte
ingl&s-espaffl31 en la reunion de la Junta para ayudade.
PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF
PERSON, OR MEMBERS OF THE AUDIENCE SHALL
BERATE, EMBARRASS, ACCUSE, OR SHOW ANY
PERSONAL DISRESPECT FOR ANY MEMBER OF THE
STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY
COUNCIL MEETING. THIS POLICY IS NOT MEANT TO
RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS.
EXECUTIVE SESSION:
PUBLIC NOTICE is given that the City Council may elect to go into
executive session at any time during the meeting in order to discuss
any matters listed on the agenda, when 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.
Executive session under Texas Government Code Section
551.071 for consultation with attomey 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.
REPORTS:
The following reports include questions by Council to Staff regarding
City policies or activities; request by Council for information or reports
from Staff; reports of ac~db'es 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.
CITY COUNCIL
PRIORITY ISSUES
(Rear h3 legead at the end (~ ~e
age~da summary)
Agenda
Regular Coundl Meeting
O~ober12,2004
Page10
21.
22.
23.
P.
CITY MANAGER'S REPORT
* Upcoming Items
MAYOR'S UPDATE
COUNCIL AND OTHER REPORTS
ADJOURNMENT:
POSTING STATEMENT:
Th s agenda was posted on the City's ol~r_.Jal bullelin board at me ~-o~t entrance
to ,Cibj Hall, 120.1. Leopard Street, at I;' ~'O p.m.,
(') ~'~ ~ S ,2004.
Armando Chapa
City Secretary
CITY COUNCIL
PRIORITY ISSUES
(Re~' ~n legend at the end c~ the
agenda sarnma~,)
NOTE:
The City Council Agenda can be found on the City's Home
Page at www.cctexas.com after 7:00 p.m. on the FHday
before regularly scheduled council meetings. If technical
problems occur, the agenda will be uploaded on Ute
Intemet by Monday morning.
Symbols used to highlight action Item that Implement
council priority Issues.
1
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
September 28, 2004 - 10:03 a_m_
PRESENT
Mayor Samuel L_ Neal Jr.
Mayor Pro Tern Javier Colmenero
Council Members:
Brent Chesney
Melody Cooper
Henry Garrett
Bill Kelly (Arrived at 10:20 a.m.)
Rex Kinnison
Jesse Noyola
Mark Scott
City Staff:
City Manager George K. Noe
First Aast_ City Attorney Jay Reining
City Secretary Armando Chapa
ABSENT
City Attorney Mary Kay Fischer
Mayor Neal called the meeting to order in the Council Chambers of City Hall. The
invocation was delivered by the Reverend Darrell Tomasek of the Lexington Baptist Church and the
Pledge of Allegiance to the United States flag was led by Council Member Colmenero. 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 28, 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 that Item 8 needed to be amended. Mr. Bill Kopeeky, 4609 Topeka, requested
that Item 9 be discussed. A motion was made and passed to approve Items 2 through 15,
constituting the consent agenda, except for Items 8 and 9, which were pulled for individual
consideration. City Secretary Chapa polled the Council for their votes as follows:
2. MOTION NO. 2004-370
Motion approving a supply agreement for approximately 3,714 boxes of garbage can liners
in accordance with B~d 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 fxom the Warehouse Inventory for FY 2004-2005.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kinmson, Noyola and Scott, voting "Aye"; Kelly was absent:
Minutes - Regular Council Meeting
September 28, 2004 - Page 2
3. MOTION NO. 2004-371
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-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.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent.
4. MOTION NO. 2004-372
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-
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 Slxeet Services in FY 2004-2005.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kinmson, Noyola and Scott, voting "Aye"; Kelly was absent.
5.a. RESOLUTION NO. 025967
Resolution authorizing the City Manager or his designee to accept a grant in the amount of
$91,999 fi.om 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.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent.
5.b. ORDINANCE NO_ 025968
Ordinance appropriating $91,999 from the United States Depa~t~ent of Justice, Bureau of
Justice Assistance in the No_ 1061 Police Grant Fund to purchase law enforcement
equipment for the Police Department.
An emergency was declared, and the foregoing ordinance was pa&~.xl and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garreth Kinnison, Noyola and Scott,
voting "Aye"; Kelly was absent.
Minutes - Regular Council Meeting
September 28, 2004 - Page 3
RESOLUTION NO. 025969
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.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent.
6.b. ORDINANCE NO, 025970
10.
11.
Ordinance appropriating $48,117 from the Texas Department of Health in the No_ 1066
Health Grants Fund for personnel, fi'inge benefits, travel, and supplies to maintain an
immunization program.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott,
voting "Aye"; Kelly was absent.
ORDINANCE NO- 025971
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 funds for
the Senior Community Services Program_
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott,
voting "Aye"; Kelly was absent.
RESOLUTION NO. 025966
Resolution supporting the creation of a regional park by the Coastal Bend Regional Park
Foundation, Inc.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent.
RESOLUTION NO. 025972
Resolution author[zing 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.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent.
Minutes - Regular Council Meeting
September 28, 2004 - Page 4
12.a. MOTIONNO, 2004-375
Motion approving the Transmission and Grid Main Consa'uction and Reimbursement
Agreement submitted by Nasser Farahnakian, owner and developer of Overland Meadows,
Unit 3 subdivision located east of McKinzie Road, south of Leopard S~'eet for the
installation of 816 linear feet of a 12-inch PVC water grid main.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garreth Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent.
12.b. ORDINANCE NO. 025973
13.
14.
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.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garreth Kinnison, Noyola and Scott,
voting "Aye"; Kelly was absent.
ORDINANCE NO. 025974
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.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garreth Kinnison, Noyola and Sooth
voting "Aye"; Kelly was absent.
ORDINANCE NO. 025975
Authorizing the City Manager or his designee to execute a five year concession services
Lease and Use Agreement with Leslea J. Titlow doing business as The Tee Box at both the
Gabe Lozano Sr. Golf Center and the Oso Beach Municipal Golf Course in consideration of
Leslea J. Titlow doing business as The Tee Box paying 17% of monthly gross sales or
$1,750 per month, whichever is greater, at the Gabe Lozano Sr. Golf Center;, and 17% of
monthly gross sales or $1,250 per month, whichever is greater, at the Oso Beach Municipal
Golf Course. (First Reading 8/31/04)
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garreth Kinnison, Noyola and Scott,
voting "Aye"; Kelly was absent.
Minutes - Regular Council Meeting
September 28, 2004 - Page 5
15. ORDINANCE NO. 025976
Amending the City's Comprehensive Plan by amending the Master Sanitary Sewer Plan, as
adopted December 23, 1964 by Ordinance No. 7441 (Master Sanitary Sewer Plan for areas
annexed in 1960 and 1961 except Flour Bluff), and rescinding the Sanitary Sewer Master
Plan, save and except the Storm Sewer Master Plan, for the areas of Wood River, River
Hills, Valley View, and Quail Valley, in the area of Farm-to-Market Road 624 west of
Highway 77, adopted March 10, 1982 by Ordinance No. 16927 (Storm Drainage Plan and
Sanitary Sewer Plan for the area west of Calallen (Five Points), by approving and adopting
the Wastewater Collection System Master Plan - Allison Service Area, as shown in
Attachment 1. (First Reading 9/14/04)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting
"Aye"; Kelly was absent.
Mayor Neal opened discussion on Item 8 regarding a curb ramp improvement project at Old
Robstown Road and Ayers Street_ City Secretary Chapa stated staffwas amending the contract
amount fi.om $142,967 to $145,345. A motion was made, seconded, and passed to amend the item
as stated by Mr. Chapa. City Secretary Chapa polled the Council for their votes as follows:
8. MOTION NO. 2004-373
Motion authorizing the City Manager or his designee to assign the conlract with KJK
Construction in the amount of $142,%7 $145,345 for the Americans with Disabilities Act
Compliance Curb Ramp Improvements at Old Robstown Road and Ayers Street to CamRett
Corporation of Corpus Christi, Texas_
The foregoing motion was passed and approved as amended with the following vote: Neal,
Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was
absent_
Mayor Neal opened discussion on Item 9 regarding the Willow/Brawner Parkway Proctor
Channel Outfall Project. Mr. Bill Kopecky, 4609 Topeka, remarked the detention ponds between
Santa Fe and Alameda and Staples and Alameda were rarely full during rain events. He said this
seemed to indicate that the problem was upstream because there were not enough ways for the water
to reach the detention ponds. City Engineer ~ngel Escobar replied the engineers would be
evaluating the entire Brawner Parkway System and Gollihar System before interconnecting the
systems to allow better flow for the drainage area_ City Secretary Chapa polled the Council for their
votes as follows:
Minutes - Regular Council Meeting
September 28, 2004 - Page 6
MOTION NO. 2004-374
Motion authorizing the City Manager or his designee to execute a Contract for Professional
Services with LNV Engineering, lnc_, of Corpus Christi, Texas in the amount of $331,022
for the Willow/Brawner Parkway Proctor Channel Ouffall Project.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent.
Mayor Neal referred to the presentations on the day's agenda. The first presentation was the
Regional Transportation Authority (RTA)'s annual report. RTA General Manager Ricardo Sanchez
discussed the RTA's mission statement as follows: provide quality transportation in a responsible
manner consistent with its financial resources and the d~verse needs of the people; and act
responsibly to enhance the regional economy. Mr. Sanchez emphasized the second part of their
mission statement because he said the RTA was committed to responding to the city's transportation
needs for the arena and baseball stadium areas_
Mr. Sanchez displayed a map of the RTA's service area. He said the area was 800 square
miles, approximately five times greater than most transit systems. The service area was comprised
of Nueces County (except Petronila), the City of Gregnry, and the City of San Patricio.
Mr. Sanchez covered the 2004 RTA operating budget. He stated 80 percent of revenues were
generated by sales tax, followed by 11 percent fi.om grants, and six percent fi'om passenger fares,
totaling $19.8 million. He said the amount of income derived fi'om passenger fares, also known as
the capture ratio, was relatively low compared with other Wansit systems in the United States.
Regarding expenditures, he said about 50 percent of the budget went toward operation and
maintenance costs and 25 percent for purchase transportation (paratransit services), totaling $17_9
million.
Mr. Sanchez discussed the types of RTA services as follows: fixed bus routes; B-Line
(paralransit); and Park and Ride. He said fixed bus route services constituted 95 percent of their all
passenger trips. The RTA had dedicated approximately 75 buses and 42 routes for fixed bus
services, with a base fare of 50 cents. Regarding the B-Line service, Mr_ Sanehez said this
paratransit service was operated by a private company, and riders had to meet certain eligibility
requirements. The B-Line service averaged 166,000 passenger trips per year. Finally, the Park-n-
Ride services were offered in the following four locations: Naval Air Station - Corpus Christi,
Calallen, Gregory Mission Shopping Center, and Robstown.
Mr. Sanchez described on the RTA's customer base. He said 80 percent of their riders were
dependent on public transit and 75 percent had no personal vehicle. Senior citizens and persons with
disabilities represent the highest growth in ridership, accounting for 360,000 passenger trips per
year. He also said the RTA was transporting approximately 1,700 individuals in wheelchairs every
month.
In addition, Mr_ Sanchez stated students, tourists, and the local workforce rounded out the
Minutes - Regular Council Meeting
September 28, 2004 - Page 7
RTA's customer base. Students accounted for approximately 600,000 passenger trips per year, 10
percent of which were related to college trips. He said the RTA's parmership with Del Mar College
and Texas A&M University- Corpus Christi to provide free services to students had been highly
successful. In addition, Mr. Sanchez said the RTA anticipated a surge in the tourism market with
the opening of the arena and baseball stadium. Finally, he said 41 percent of the RTA's ridership
was comprised of the local workforce_
Mr. Sanchez briefly reviewed the benefits of public transportation. He said the main benefit
was linking the community and rural areas, noting the RTA provided services to Bishop, Agua
Dulce, and Driscoll. The RTA has 42 fixed bus routes to educational, employment, and medical
centers every 30 minutes. A second benefit was to stimulate economic growth. He noted the RTA
had received a $4 million federal grant to improve neighborhoods which was used in the Six Points
area and the Oveal Williams areas. The RTA also assisted Robstown with their downtown
development and revitalization project. Third, the RTA contributed and promoted air quality by
using low emissions vehicles, burning clean diesel fuel. Fourth, the RTA reduced energy
consumption by purchasing smaller and lighter vehicles that provided 20 percent more fuel
efficiency. Finally, he said the RTA provided support during emergencies, and worked closely with
the city's emergency management department and the Local Emergency Planning Committee.
Mr. Sanchez discussed the RTA's current challenges and opporttmities. First, he stated the
RTA's expenses were growing while revenues were shrinking. He said the RTA was taking
measures to reduce the gap by seeking additional grant revenues. Mr. Kinnison asked what was
driving the approximately one million dollar increase per year in operating expenses. Mr_ Sanchez
replied there were several factors driving the increases, including fuel prices, insurance, and
employee compensation plan_ Mr. Kinnison observed that the RTA's sales tax revenues dipped in
2003. Mr. Sanchez explained the decrease was due to rebates issued by the State of Texas to
companies that overpaid their sales taxes. He said other challenges and opportunities were to
educate the general public, respond to increased service demands, and more requests for bus stop
amenities.
Mr. Sanchez discussed the RTA's strategic planning efforts to meet these challenges. First,
the RTA was promoting cost contaimnent throughout the agency, through staffefforts, cooperative
procurement, and an energy savings program. To increase revenues, Mr. Sanchez said a committee
had been formed to look into restructuring the RTA's fares, which were considerably lower than
those found in other transa cities across the nation. In addition, he said the RTA would aggressively
seek more grant funds, and look for more partnership opportunities with other governmental entities
and the private sector.
Another RTA initiative was to increase ADA andbus pad improvements. Mr. Sanchez stated
the bus pads had been very successful in slowing the deterioration of the road at a bus stop. He also
reported three areas had been impacted by a number of ADA and bus pad improvements, namely
the Leopard Street, Gollihar/Ayers, and Alameda Street areas. Since 1999, Mr. Sanchez reported
that 46 bus pads had been installed, and 42 were currently under design. The RTA has spent $9.5
million in actual construction or planned improvements, and $1.3 million was allocated for ADA
improvements.
In addition, Ma'. Sanchez stated the strategic plan included measures to review and improve
Minutes - Regular Council Meeting
September 28, 2004 - Page 8
productivity and to improve security for employees and customers_ Regarding productivity, he said
staffreviews the bus routes every two years and presents the results to their board of directors for
their review and action. Regarding security improvements, he said the RTA had installed cameras
in bus stations and, for the first time, was installing cameras on their buses. They also worked
closely with the police department.
Another initiative was to expand partnerships with governmental and non-profit agencies.
Mr_ Sanchez reported on their successes working with Texas A&M Corpus Christi, Del Mar
College, the Port of Corpus Christi, and the Texas Unified Certffication Program. He highlighted
the RTA's partnership with the Port, saying the Port was purchasing a new boat that the RTA would
operate as a Harbor Ferry_ In addition, he said the RTA was one of six agencies able to certify
minority and women-owned businesses through the Texas Unified Certification Program_
Mr. Sanchez reported on the RTA's technology initiatives, such as information kiosks in bus
stations. He also said the RTA was workang on a greater customer focus, and he was requiring staff
to use the RTA's services at least once a month.
Finally, Mr_ Sanchez said the RTA was striving to attract "choice riders" and provide
alternative modes of transportation. He said their van pool program was one of the RTA's best kept
secrets, and he was encouraging the promotion oftbe program. He also reported on the status of the
streetcar project. He said the RTA's consultant had completed the environmental assessment,
including the preferred slreetcar aligrtment of the Water St./Shoreline Boulevard hybrid per the
Council's direction. The RTA was continuing to gather more public input through presentations and
a telephone survey. The next step was to submit the environmental assessment to the Federal Transit
Administration for their review, a non-binding action. He said staff would be conducting an in-
depth financial plan for the funding and capital costs associated with the project. The RTA had
received a $500,000 earmark fi-om the Federal Highway Administration to conduct preliminary
engineering. Ultimately, Mr. Sanchez said the RTA would have to receive approval fi'om the
Federal Transit Administration and their board of directors before proceeding with any preliminary
or final engineering for the project.
Mr_ Kinnison asked when the RTA would submit the sla'eetcar environmental assessment to
the Federal Transit Authority (FTA). Director of Operations David Seiler replied staffwould seek
the RTA board's approval to submit the environmental assessment either in October or November.
Mr. Kinrfison asked when the f'mancials would be completed. Mr. Sanchez answered staffwas
working on a timetable for the financials now, and anticipated having them ready within the next
few months_ He questioned whether it was wise to proceed with the plan at this point since it was
unclear whether the project was economically viable. Mr. Seller replied the FTA allowed agencies
to proceed into preliminary engineering without the final finance plan. Before proceeding into final
engineering, however, a finance plan with resolutions of support had to be in place. Mr. Kinnison
emphasized that the RTA should determine the financial feasibility of the plan before proceeding
with the plan_
Mr. Seiler reported on the RTA's new Arena/Bayfi'ont Arts & Sciences Park Transit Service
Plan. He said the RTA has asked represetatives fi-om San Antonio's public txansportation system,
VIA, to assist in the planning effort. He said the proposed transit service was consistent with the
RTA's service objectives (and the City's) in the following ways: promotion of public transportation;
Minutes - Regular Council Meeting
Septembex 28, 2004 - Page 9
solutions to congestion and parking problems; promoting clean air, creating an enhanced pedestrian
environment; and creating an enhanced potential for downtown activities. He said the success of
the interim service will help determine the necessity for a more enhanced public transportation
service such as the streetcar.
Mr. Seiler said the RTA was working with several partners, including the City of Corpus
Christi, SMG, the police department, and outside consultants to develop a transportation strategy
for the arena area and other existing venues. The RTA was also working to address future issues
and service planning for the new baseball stadium, partnering with the city and Mr. J.J. Goetsch,
president of the Corpus Christi Hooks_
Mr. Seiler discussed the transit service strategies for the arena and Bayfront Arts & Sciences
Park area. He said transit service would be based on different thresholds of parking demand,
depending on whether the arena was sold out, for example, or if the arena was holding an event in
conjunction with other venues. The service would be geared toward getting patrons to the venues
approximately an hour and a half before the event. The proposed Park-n-Ride service would provide
express service bom remote parking lots at Memorial Coliseum, City Hall, the County Courthouse,
and phvate parking garages, with no "flagstops". Mr. Seller said the "Harbor Ferry" may be
included in the plan, utilizing the 600 parking spaces available under the Harbor Bridge on Corpus
Christi Beach, especially for residents of Gregory/Portland, Rockport, Aransas Pass, and Ingleside.
To make the service even more attractive, Mr. Seller said the RTA was planning fi-equent
"headways" to and fi-om the arena, a frequency of five minutes or less between buses.
Unlike for Bayfest, however, he said the recun-ing need for this premium service would
require that a fare be charged, He said the RTA was looking at $1 or $2 fare, with discounts for
senior citizens and persons with disabilities.
Mr. Seiler reported the Park-n-Ride service would have special needs. The RTA has asked
the city to provide dedicated, express bus lanes on Shoreline Boulevard that would allow the buses
to bypass congestion. Other needs would be to have security in the remote parking lots, staff
members to assist patrons, and paratransit vehicles for persons with disabilities.
Finally, Mr. Seiler said promotion and commtmication about the service would be essential
to its success. He said the service would be given a catchy name to identify it, possibly through
sponsorships. In addition, the RTA would promote the service through their website, website links,
and the media. He also stated they would work closely with the city and SMG to stay informed
about upcoming events well in advance.
In response to Mr. Colmenero's question, City Manager Noe stated there were two transit
plans being considered. The fu-st plan covered the time between the baseball stadium's opening day
in Spring 2005, and the second plan would take place afterwards. Upon completion, the baseball
stadium would provide over 2,000 parking spaces when a game was not scheduled, which would be
a parking asset in the area.
Mr. Noyola asked Mr. Sanchez to provide figures on the RTA's ridership fi-om the local
workforce. He also asked what the RTA could do to help maintain the condition of the city's roads,
since the buses place a great deal of stress on the roads. Mr. Sanchez replied the RTA was
Minutes - Regular Council Meeting
September 28, 2004 - Page 10
aggressively seeking grant funding to make more bus pad and ADA improvements. He was also
working to coordinate the RTA's efforts with the city's capital projects. Mr. Noyola asked about the
status of the bus pad work on Port and Ayers. Mr. Sanchez said a meeting was scheduled this Friday
to discuss the work, and he would provide Mr. Noyola with a report.
Mr_ Kelly stated he was pleased with the RTA's plan for downtown. He asked how much
of the plan would be in place for the Cher concert, and when the plan would become known to the
public. City Manager Noe replied the entire plan would be in place, and a full briefing was planned
for the week of October 11. Mr. Kelly asked for a status report on a number of new bus stops
plaimed in the northwest area. Mr Sanchez said the RTA was coordinating the effort with TxDOT,
and he would provide Mr. Kelly with a report_
Mr_ Scott asked for more information on the city's role in implementing the RTA's transit
plans, specifically regarding the designated lanes. Mr. Noe replied it would be a coordinated effort,
requiring lane demarcations and barriers, police officers directing traffic, and a Iraffic plan. He did
not feel it would require too much extra effort or cost on the city's part because staff would already
be working in the area anyway. Mr_ Scott also suggested the city publicize the use of Port Avenue
as a route to and from the arena, saying it was substantially underutilized. In response to Mr. Scott's
question, Mr. Sanchez stated the RTA would provide the Park-n-Ride service free of charge for the
Cher concert as a way to promote the event.
Mayor Neal asked staff to hold a major press conference well in advance of the arena
opening to promote the plan. He also said he would like the final plan brought before the Council.
Mr. Kinnison asked if there would be a charge to park in the spaces by the arena now. Mr.
Noe replied between now and April 2005, there would be no charge, but there would probably be
a charge afterwards.
The next presentation was Item 18, an update on the Memorial Bench and Tree Project by
Ms. Charlotte Hutchinson, a representative from the Friends of the Park. Ms. Hutchinson stated the
Friends of the Park was a non-profit corporation devoted to improving the city's parks for the benefit
of the neighborhoods, families, and the public. Their mission was to improve city parks for the
community so Corpus Christi would be known for its great parks and enhanced quality of life.
Ms. Hutchinson reported on the Friends of the Park's action plan to achieve their mission.
First, she said the group emphasized the use of trees, native plants, and landscaping. Second, their
goal was to improve the environment, attractiveness, and functionality of parks to meet the diverse
needs of the community. Third, they endeavored to build cooperation and a strong sense of
community. Fourth, they strived to develop pride, respect, and responsibility for community green
spaces. Fifah, they sought to empower neighborhoods to be active participants. Sixth, their goal was
to engage the public in planning and funding. Sixth, they emphasized the proactive management
of city parks.
Ms. Hutchinson provided an update on the Friends of the Parks's completed projects to date.
The group, in conjunction with the city, CCISD, and Wilson Elementary School students and
Minutes - Regular Council Meeting
September 28, 2004 - Page 11
faculty, made a number of improvements to the North and South Pope Parks, including tree
plantings, installed rail barriers, addressed drainage problems, and fixed a sidewalk. They also made
improvements to Cliff Matts Village playground, working with Flint Hills Resources and area
churches to add playground equipment to the park_ Finally, she reported on the improvements made
to Billish Park, including a pavilions, a walking exercise trail, gazebos, and a sports complex.
Ms. Hutchinson reported on current projects, including the Louisiana Parkway Revitalization
Project, the Arbor Day Planting 2004, and the Memorial Tree and Bench Program. She reported the
Louisiana Parkway Revitalization Project was in the fundraising stage. The Arbor Day Tree
Planting was scheduled at Ben Garza Park on November 6, and activities included a ceremonial tree
planting sponsored by Beautify Corpus Christi, softball games by the Police Athletic League, and
a barbecue.
Ms. Hutchinson highlighted their efforts on the Memorial Tree and Memorial Bench
Program_ This program would be provided as a servme to the Corpus Christi Parks and Recreation
Department. She said the cost for an individual memorial tree and planting was $250, while
donations under $250 would go toward planting a grove of trees. The tree size was approximately
six to eight feet tall. The trees would be planted between November and February. Ms_ Hutchinson
said the $250 fee included a mark-up of 25 percent to cover administrative costs_ She said the
planting sites would be selected by the Friends of the Park and the park and recreation department
according to several criteria as follows: need for trees; available space for trees; future development
plans; soil type-accessibility for watering; and available water source. She said the park and
recreation department has developed an list of compatible tree types from which buyers could
choose.
Ms. Hutchinson provided information on the memorial park benches. She said they would
be conslructed out of 90 percent recycled plastic composed of high-density polyethylene raw
material fi'om post-consumer bottle waste. The benches would be heavy-duty strength, with six foot
long cedar-colored planks and hot dipped galvanized steel supports. She said if the surface required
cleaning only, any household cleaner could be used_ If the surface had been marked with graffiti,
a high-pressure washer may be used for removal. Severe scratches and carvings into the surface
may be hand sanded with a fine grade of sandpaper. Finally, she said the benches were
manufactured by DuMor Site Furnishings, Inc., specializ/ng in furniture for parks and common areas
across the country. The cost for the benches would range between $800 and $1,500, including a
mark-up of 25 percent for administrative costs_ Additional costs would be for concrete pads if
needed and for custom plaques if desired.
Finally, Ms. Hutchinson covered what types of city resources the effort would require. She
said the group would use "in-kind services" for the tree plantings and the memorial benches,
including the actual planfmg and water sources for the former and installation of the latter. She
asked the Council to consider appointing the Friends of the Park as the official administrator for the
memorial program. She also asked that an announcement of the memorial program be inserted into
utility bills with a check-off to indicate an interest in the program.
Mr. Scott noted the Bond 2004 project list included a neighborhood parks improvement
project, and he asked the group to consider supporting this portion of the bend package. He thanked
the group for all their efforts, and said he would be interested in purchasing a memorial tree.
Minutes - Regular Council Meeting
September 28, 2004 - Page 12
Mr. Kelly was impressed with the group's action plan, especially the use of native plants and
trees. He asked how the group selected parks for improvements. Ms. Hutchinson replied the group
started out by targeting the parks in their own neighborhoods. They chose Ben Garza Park because
it had already been targeted by the city for improvements, and because it was a visible park with
many users. Mr. Kelly asked how one could join the group. Ms. Hutchinson answered the group
had a website, friendsofiheparkscc.org, and a brochure. They would be working on a public
campaign drive soon. Mr. Kelly asked if the group had any problems with stolen lxees. Ms.
Hutchinson replied negatively, but said the group was inserting a steel rod into the root bali of the
tree and securing it with spikes to prevent theft.
Mr. Chesney spoke in support of the group and their efforts. Mr_ Colmenero suggested
asking groups to donate trees to the Friends of the Parks to support their efforts_
Ms. Cooper asked who would be responsible for replacing any of the memorial benches were
destroyed by a hurricane or other natural disaster. Ms. Hutchinson replied the benches were quite
durable and all efforts would be made to repair a bench before replacing it. However, she said ifa
bench was damaged beyond repair, neither the city or the Friends of the Park had the funds to
replace it.
Mr. Noyola asked for a list of all the parks and the neighborhood associations to inform them
about the project.
The next presentation was a quarterly update fi.om the Convention and Visitors Bureau
(CVB). Mr. Tom Galyon, CVB president and CEO, displayed the CVB's new logo, noting that it
included Mustang Island. He also introduced the new restaurant reservation service for conventions.
He said the new service would be initiated at the Texas Mun/cipal League meeting next month,
where a staffmember would be stationed in a booth to make reservations for the delegates.
Mr. Galyon reviewed the August 2004 sales report, noting it included final numbers for FY
2003-2004. He said last fiscal year's performance was modest, but given that the convention center
was being renovated and remodeled, it was understandable. He said the CVB has increased its sales
goals for FY 2004-2005 by 20 percent, totaling about 16,000 room nights over the past fiscal year_
Mr. Galyon reported the CVB's Austin office opened on August 9, nm by Ms. Jean Bonner.
Ms. Bonner will be focusing on the association and government markets in the region.
Mr. Galyon said the CVB was working with SMG and other industry partners for an October
Faro to target those groups needing convention center services_ He said there were currently ten
planners involved with the potential for a few more.
Mr. Galyon reported on the CVB's participation in trade shows_ He said staff had just
returned fi~om Washington, D.C. for the Affordable Meetings trade show_ They had also gone to the
TTIA conference in South Padre Island; the Texas Society of Association Executives in Grapevine,
TX; the Amateur Athletic Federation in Round Rock; DFW Association Executives in Dallas; and
the Teams Conference in Houston for sports markets.
Minutes - Regular Council Meeting
September 28, 2004 - Page 13
Mr. Galyon also stated the CVB was currently hosting the Reunion Network Fam with 15
military reunion planners, which would be here until Thursday. He distributed a list of CVB sales
managers with account/goal assignments for the Council's information.
Mr. Galyon announced the CVB's website was now in Spanish, thanks to a partnership with
the Hispanic Chamber of Commerce. He reported on a new media kit with 10 media stories he
would be taking to travel editors in various Texas cities, as well as to southwestern travel writers_
Mr. Galyon reported the CVB has received a large number of calls fi.om Winter Texans who
had been Iraveling to Florida but, because of the heavy hurricane activity, had decided to visit
Corpus Christi instead_ He said a Winter Texan section was being placed on the CVB's website, and
should be up and running by early October.
Finally, Mr. Galyon provided an update on the Texas Municipal League (TML) conference.
He said attendance appears to be increasing by about 25 percent over the initial TML estimate fi-om
2000. He said he would be using the TML conference as the first convention for their on-going
research program on the economic impact of meetings/conventionMtrade shows on the city.
Mr. Scott spoke in support of the new CVB logo. He asked if the CVB had been involved
in the planning for the TEX-21 conference in December. Mr. Noe replied Assistant City Manager
Ron Massey was currently working on the conference with the CVB. Mr. Galyon added the CVB
was planning to sponsor a breakfast or break for the conference. Mr. Scott asked Mr_ Noe for an
update on moving the visitor information center on the Island because it was located on the wrong
side of the road, on the way offthe island. He said the owner of a historic house on the island had
expressed interest in locating the center on his property. Mr. Noe reported the land was within the
jurisdiction of two state agencies, so there were many obstacles to overcome before the land could
be used.
Mr. Colmenero asked for more information on the research program the CVB was planning
for TML. Mr_ Galyon stated they were planning to place a survey in delegate welcome packets. As
an incentive, the CVB was holding a drawing for $100 for those submitting the survey_ Mr.
Colmenero asked for a status report on plans to market or "brand" the Corpus Christi Beach area.
Mr. Galyon replied the committee had met and developed a name for the area which would be
publicized to coincide with the arena opening.
Ms. Cooper asked what marketing tools the CVB was using to publicize the city's newest
attractions, the arena and baseball stadium. Mr. Galyon replied the marketing committee had
recently met and had developed a marketing plan for the remainder of the year and next year. He
said they were developing a CD on the convention center and arena among other things, and were
waiting for the arena to actually open to provide live shots. The CVB was also planning to add a
virtual tour of the arena and convention center on their website.
Mr. Kinnison reported on new sot~ware that could be used to e-mail a poll or survey,
providing a much higher response rote than a traditional survey_ He suggesting using it for the TML
conference, and said he would provide more information. Mr. Galyon thanked him for the
information.
Minutes - Regular Council Meeting
September 28, 2004 - Page 14
Mayor Neal called for a brief recess to present proclamations.
The Council returned from recess, and Mayor Neal called for petitions fi.om the audience.
Ms_ Priscilla G. Leal, 4738 Cheryl, and Mr. Roland Garza, 2854 Alvin, thanked the city for their
efforts to improve Brookdale Street, and also asked them to look into problems with the
improvements made to Evelyn and Archer Streets. Mr. J.E. O'Brien, 4130 Pompano, spoke
regarding his concerns about the city's recent economic development discussions with Bass Pro
Shops.
Mayor Neal announced the executive sessions, which were listed on the agenda as follows:
22.
Executive session under Texas Government Cede 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 regarding
the evaluation of the City Manager, with possible discussion and action related thereto in
open session.
The Council went into executive session_ The Council returned fi.om executive session and
the following items were passed with the following vote:
22.a_ MOTIONNO. 201M-377
Motion authorizing the City Manager, subject to certification of funds, to execute a Legal
Services Agreement with Geoffrey M. Gay, Lloyd, Gosselink, Blevins, Rochelle, Baldwin,
& Townsend, P.C., to provide legal advice relating to fees for use of the City's rights-of-way,
utility easements, and other City properties by pipeline companies; represent the City in
implementation of the ordinance; and take action to collect any fees due the City.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"_
22.b. ORDINANCE NO. 025978
Appropriating $107,000 from the No. 3160 City Hall CIP Fund for legal services related to
the pipelines in the City's rights-of-way, utility easements, and facilities; and declaring an
emergency.
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".
Minutes - Regular Council Meeting
September 28, 2004 - Page 15
Mayor Neal called for Item 19, a quarterly update on the city's non-discrimination ordinance
under the Human Relations Chapter 24 of the city code entitled "Discrimination Against an
Individual with a Disability". Ms. Wanese Butler, acting director of the human relations department,
reported that this section of the non-discrimination ordinance provided local resources in allegations
of disability discrimination through review, investigation, and enforcement, using ADA guidelines
for public and private entities.
Ms_ Butler stated the types of complaints regarding lack of accessibility for persons with
disabilities fell into the following three categories: places of public accomodations (i.e. stores,
hotels); other government entities (i.e. school districts, state and county offices); and the City of
Corpus Christi (public programs and services). She noted in those cases where the city lacks
jurisdiction for enfomement, the city may refer the complaint to the appropriate governmental body
for enforcement.
Ms. Butler reported the number of complaints submitted so far were relatively low. In
Category I, places of public accommodations, she said the city had received six complaints that were
categorized by type of establishment as follows: restaurants - 3 complaints; retail shops - 1
complaint; medical center - 1 complmnt; and non-profit - 1 complaint. In Category Il, other
governmental entities, the city had received three complaints which were referred to the appropriate
governmental entities. She reported that two were related to the education area, and one was related
to licensing. In Category III, the City of Corpus Christi, there were 50 complaints submitted, but
she noted that 43 of the complaints were related to the city's ~mplementation of the automated trash
pick-up services. Individuals in these cases were incapable of moving their new trash receptacles
to the curb and had requested assistance. The remainder of the complaints in Category III were
broken down as follows: 2 related to ramps/aisles; 2 related to seating; 1 related to parking; 1 curb
ramp request; and 1 cost of service/fee for service complaint.
Ms. Butler concluded staff would continue to address accessibility concerns and to determine
inaccessibility to public services for the community. She said their goal was to resolve as many
complaints as possible on the local level to serve as a local resource for citizens.
Mr. Noyola asked for more information on the investigation process. Ms. Butler replied a
citizen would discuss their complaint or concern, and staff would notify the business about the
complaint. She said they would then provide information on the non-discrimination ordinance as
well as ADA specifications for their information. Mr. Noyola asked what enforcement tools the city
had available ifa business owner failed to comply. City Manager Noe replied the city could file a
case in Municipal Court, and the owner could be fined for violation of the ordinance. He sta-essed,
however, that staff tried to mediate and work between the complainant and the business to resolve
the issues.
Mayor Neal asked for an update on the staffing situation in the human relations department.
City Manager Noe said he would provide it.
Minutes - Regular Council Meeting
September 28, 2004 - Page 16
Mayor Neal opened discussion on Item 20 regarding the Meadowbrook Subdivision Area
Drainage Improvements Project. City Engineer Angel Escobar reported this project was part ofthe
$55 million storm water capital improvements program approved by the Council. He said the
Meadowbrook area residents experienced flooding in their homes during major rainfall events, and
this project was designed to address the problem. He showed a map illustrating the project area was
bounded by one block north of Gollihar, Staples/McArdle Road on the south, Airline Road on the
east, and Mustang Trail on the west. He said the recommended storm sewer improvements would
greatly increase the downstream capacity of the major trunk system_ The existing system was
currently at a 25-year storm event level, while the proposed improvements in the area would
meet the requirements ora 100-year storm event_
Mr. Escobar explained the $2,340,347.20 project would include the following work:
installation of various sizes of storm sewer pipes and inlets; 550 linear feet of 10' x 6' concrete box
culvert; pavement reconstructmn; channel widening and regarding; and excavation and reshaping
of Oso Lake. He said the work would be completed in two phases_ Phase 1 would include
improvements to the following areas: Area 1 - Neighborhood Drainage Improvements; Area 2 - Box
Improvements (Lure Avenue to outfall); Area 3 - Cullen Channel Improvements (Airline Road to
Belmeade Road); and Area 4 - Shephard Street and area streets drainage improvements. For Phase
2, the work on Oso Lake, he said these areas were under the jurisdiction of the U_S. Army Corps of
Engineers so a permit would be required before any construction can begin. He said the permit
process was ongoing and should be completed 8 to 12 months fi.om the bid date.
Mr. Escobar stated there would be a number of delays and inconveniences around the Airline
Road and Lure Street intersection by Gollihar Road when the new concrete box was installed next
to the existing one. Staffwas requesting approval of the project, and the anticipated start date for
the construction was the end of October. There were no comments fi.om the audience_
Mr. Scott asked when the entire project would be completed_ City Engineer Escobar replied
the project was scheduled to take 240 calendar days, and the anticipated completion date was May
2005_ Mr_ Scott asked if the project would address all the drainage problems in this area_ Mr.
Escobar replied affirmatively, but noted the drainage for Brock and Meadowbrook Sla-eets along
Gollihar Road was sufficient, so these residents would not be seeing construction in these areas_
Rather, the problem originated with a bottleneck in the system upstream, and doubling the size of
the box would address the problem_ Mr. Scott asked Mr. Noe to schedule a neighborhood meeting
to inform the residents about the project within the next four to sm weeks. Mr. Escobar added Ms.
Valerie Gray, storm water services director, had sent notices to the area residents notifying them
about the project. He said staff would continue updating the residents. Mr. Scott remarked this
project would have a tremendous impact on the neighborhoods, and he thanked staff for their efforts.
Mr. Garrett reiterated this project was great news for the residents in the Meadowbrook area,
and he also thanked stafffor thetr efforts.
Mr_ Colmenero spoke in support of holding a neighborhood meeting, possibly at King High
School, to keep the Meadowbrook residents informed about the project. City Secretary Chapa
polled the Council for their votes as follows:
Minutes - Regular Council Meeting
September 28, 2004 - Page 17
20. MOTION NO_ 2004-376
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_
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
Mayor Neal opened discussion on Item 21 regarding a $7,000 annual grant provided by cable
operatom for access studio equipment. Ms_ Susan Cable, director orE-Government Services, stated
this appropriation had been tabled last week. She said the grant provided payment to NuPAC, Inc.
for the replacement and repair of public access equipment_
Mayor Neal asked for public comment. Ms. Cruz Colomo, president of NuPAC, Inc., and
Mr_ Emile Bolden, spoke regarding their concerns about the lack of funding for public access
television, problems with NuPAC's previous administration, and the city's alleged preferential
Ireatment for the previous administration.
Mr. Kelly expressed concern that the public access studio was expected to be self-funded
with the exception of the city's capital conlxibutions for equipment purchase and repair. He had
received many disturbing reports regarding the questionable expenditures and record keeping under
the previous administration, despite a criminal investigation that found no wrongdoing. He said it
was appropriate to require closer scrutiny over the use of the funds. He asked Mr. Noe what could
be done about the studio. City Manager Noe answered he was not sure about the future of public
access. He said this was the third group the city had worked with to nm the public access studio,
and each group presented a unique set of problems. Mr. Kelly asked if any of the problems
presented liability issues for the city. Mr. Noe replied affirmatively, saying the lack of insurance
for the facility and the lack of m-exempt status for the group could present problems.
Mr. Kirmison suggested that NuPAC place the $7,000 grant either in a separate bank account
to better monitor its use or allow the city to administer the grant on their behalf. Ms_ Colomo took
exception to having the city administer the grant because she preferred to maintain control of the
funds, and she felt the Council was questioning her trustworthiness. Mr_ Kinnison added that due
to past mistakes, the city was now trying to place tighter controls on these public funds, and it was
not a reflection on Ms. Colomo personally. City Manager Noe said it would be safer to allow the
city to administer the grant, and Mr. Scott agreed.
Mr. Noyola asked about a $30,000 payment the city made to NuPAC's previous
administration in July 2003. Ms. Cable reported the city had issued an RFP to find a public access
studio operator. The city made a $14,921 grant fi-om the city to NuPAC for the replacement of
significantly inoperable equipment. An additional $15,458 grant was given for studio set-up, and
the city had granted a similar allocation to STIEF, the group that had administered the studio before
NuPAC. Mr. Noyola asked why Ms. Colomo's administration was not given a $30,000 payment.
Ms. Cable replied the city's contract was still with NuPAC, and even though the administration had
changed, the funding was still a one-time deal. Mr. Noyola asked for a copies of receipts and the
list of equipment the city had purchased. He said there were persistent reports the monies had been
Minutes - Regular Council Meeting
September 28, 2004 - Page 18
misallocated.
Mr. Chesney spoke in support of placing tighter controls on the funds. He assured Ms.
Colomo and Mr. Bolden that the decision was not based on staffor the Council's personal opinions
of them. Rather, the closer scrutiny was needed in light of past discrepancies by other groups.
Chesney asked Ms. Cable to describe the discrepancies. Ms. Cable replied the previous
administration had submitted receipts for approximately $23,000 in purchases made in cash instead
of by check. She said there was nothing in the by-laws at this point prohibiting this, so even though
it was irregular, the police investigation did not find an wrongdoing. Mr. Noe added the lack of
financial procedures did not indicate the funds were misspent_
Ms. Colomo stated other major cities in Texas, including El Paso, San Antonio, and Dallas,
funded their public access studios by providing 5 percent of the fi'anchise fee. She expressed
concern about the way the city was funding its public access studio.
Ms. Cooper thanked Ms_ Colomo and Mr. Bolden for their efforts to address the problems
with the public access studios. Mr_ Scott commented the recent controversy seemed to have
originated with a single member of the NuPAC, who was not present today to rebut any statements.
He said he found this disappointing because it seemed the member was more interested in stirring
up controversy rather than solving problems. City Secretary Chapa polled the Council for their
votes as follows:
21. ORDINANCE NO. 025977
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)
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".
Mayor Neal called for the City Manager's report. City Manager Noe reported on a number
of documents staffwas distributing to educate the community on the upcoming ballot propositions.
A utility billing circular would be going out describing the ballot items, and a voters guide was being
printed including information on the bond issue. Staffwas also scheduling a meeting with the
Caller-Times editorial board and setting up a presentation schedule_
Mr. Noe reported a meeting was held last Saturday in an attempt to reenergize the Graffiti
Wipe-Out Campaign, including the Volunteer Center, neighborhood kids, and the police department_
He thanked Home Depot for donating paint for the effort.
The next tree planting ceremony for the current NIP effort was scheduled this Friday at
10:00 a.m. at Zavala Elementary on Highland Street.
Finally, Mr. Noe reported the following items were scheduled for next week's agenda:
Minutes - Regular Council Meeting
September 28, 2004 - Page 19
discussion of skate park location issue; Bond 2004 projects, including the policedf'~re training
facility; pipeline ordinance; and an amendment to the dance hall permit fees for non-profit groups.
Mayor Neal reported Senator Hutchison's office has stated that during the months of August
and September, the Packery Channel project contractor was able to spend about $4 million, almost
$3 million over what was expected to be spent_ He said the total completion cost was down to $8.4
million, and he was grateful to the Corps of Engineers and Senator Hutchison for their efforts.
Mayor Neal called for Council concerns and reports_ Ms. Cooper reported the next town hall
meeting would be held at Galvan Elementary, hosted by Mr. Noyola, Mr. Garrett, Mr. Chesney, and
herself_ She asked for the status of the project on Cimarron Boulevard, saying large equipment was
stall present in the area_ Mr. Escobar replied the project was still ongoing, and the equipment would
be installed some time next week.
Mr_ Scott asked City Manager Noe to check into the city's problems with theh- e-mail. He
reiterated that he would like staffto set up a neighborhood meeting in the Meadowbrook area related
to the drainage improvements project. He thanked staff for their efforts in reenergizing the Graffiti
Wipe-Out program. He thanked Mr. Mark McDaniel for his service to the community, and said he
would be missed. Finally, he was very pleased with the additional funding for the Packery Channel
project, and he thanked Senator Hutchison, Mr. Tom Utter, and the Corps of Engineers for their
efforts
Mr_ Noyola thanked Mr. McDaniel for his efforts. He asked Mr. Noe for a status report on
information he had requested on the number of citations issued in school zones over the last two
years. He also acknowledged the 80~ birthday of Mr. Victor Lam Obregon.
Mr. Kinnison thanked Mr. McDaniel for his service to the community, and he hoped the city
could continue the good work he had started.
There being no further business to come before the Council, Mayor Neal adjourned the
Council meeting at 2:30 p.m. on September 28, 2004.
2
a. COMMISSION ON CitILDREN AND YOUTIt - Two (2) vacancies with t¢~ms to 5-01-06 and 5-
01-07 representing the following categories: 1- Religion and 1 - At Large.
DUTIES: To support a comprehensive system of services and advance policies to meet the needs of
Corpus Christi's children, youth and their families.
COMPOSITION: The commission shall consist of 14 members appointed by the City Council. One
member shall be representative of each of the following fields: Health, Social Service, Religion, Legal,
Law Enforcement, Education, Business, Youth Services, Sheriff's Office, and the District Attorney's
Office. One member shall be a youth representative from 16 to 21 years of age at time of appointax~ent.
Each appointee shah have demonstrated interest in the welfare of children or youth through occupation
or through association with community-based orgardzations. (On 10-10-95, Council approved the
addition of a Police Officer to serve as an Advisory Member to be appointed by the Police Chief_)
MEMBERS
*Rosa Balderas (At Large), Chairp~son
Vicky Alexander (Health), Vice Chair
Amanda Smkenberg (At Large)
Mary Jackson (Social Services)
VACANT (Religion)
Margaret Canales (Business)
Gloria Jack. mn (Youth Services)
Dr~w Reining (Education)
Liana Gonzales (At Large)
Penny Grochow (Law Enforcement)
Lauren Ranly (Legal)
Brian Silva (Youth Rep.)
Melissa Madrigal (D.A.'s Office)
Janie Suarez (ShefiWs Office)
Capt, Tim Wilson (Police Off.)
Dr. Philip Rhoades
TERMS
5-01-06
5-01-06
5-01-07
5-01-05
5-01-07
5-01-05
5-01-06
5-01-07
5-01-05
5-01-05
5-01-06
5-01-07
5-01-06
5-01-07
Advisory
Advisory
ORIGINAL
APPTD. DATES
7-11-00
2-12-02
6-08-O4
10-14-97
2-12-02
1-11-00
2-12-02
6-11-02
7-09-02
3-19-02
6-08-04
2-12-02
6-08-04
12-06-95
8-16-94
*Resigned
INDIVIDUALS EXPRESSING INTEREST
Aaron Cooley
Executive Director, The Center for One America.
Received a B.A. in Anthropology and M.A. in Education
from the University of North Carolina. Profe~onal
memberships include: American Educational Research
Association, Comparative and International Education
Society, Popular Culture Association and Philosophy of
Education Society. Extensively traveled through Central
America and Europe. (AtLarge) (420-04)
Judith Ann Dubose
Business Development Manager, Advanced Acoustic
Concepts. Received B.A. in Industrial Management and
Economics and M.A. in Indus~ial Management. Activities
include: Sorority Alumnae, BSA Volunteer, U.S. Judo
Board, and Marine Military Academy Parents Club.
Received the Business Woman of the Year Award in 1987
and 1988. (,4t £arge) (9-05-04)
Lorie B. Garcia
Executive Director, Camp Fire USA Coastal Bend Council.
Received B.A. from Texas Lutheran College and M.A.
from St. Mary's University. Activities include: Girl Scout
Leader, Camp Fire Leader, PTA school volunteer,
American Heart Association Walk Committee, Army
Family Texas Building Master Trainer and Sunday School
Teacher. (Youth services) (7-17-03)
Georg "G" Johnson
Consultant, Corpus Christi Independent School District.
Received B.S. in Social Work and M.S. m Counseling.
Activities include: Teen Pregnancy Reducation Task
Force, Family Outreach of South Texas, Planned
Parenthood, Texas Education Agency and Weed and Seed.
Awards received include: Communities in Schools
Educator of the Year (Social Serving) and 2004 NAACP
Torchbearer. (,4t Large) (9-23-04)
Peter Kuntu-Mensah
Assistant Professor of Computer & Math Sciences, Texas
A&M University-Corpus Christi. Ph.D. fi.om University of
Maine; M.S. from Ohio State University_ Member of the
Texas Society of Professional Surveyors and the American
Society of Photogram_ (At Large) (9-24-04)
Shanel Magee
Received B.A. fi.om Coe College, M.A. and Ed.S. from the
University of Missouri, and Ph_D. from Trinity Southern
University. Has taught and worked in psychology
counseling in may areas_ Awards received: Community
Service Award and the Mary McLend Bethune Award.
Served as a Youth Church Director and is a licensed
missionary. (Religion) (7-21-04)
Randall Meredith
StaffAttomey, Corpus Christi Independent School District.
Received B.A. and M.A. from Southwest Texas State
University and J.D. form St_ Mary's University School of
Law. Member of the School Law Section of the State Bar
of Texas. (Legal or,4t Large) (8-04-03)
Jesus S. Molina
Counselor Intern, Recovery Campus of Texas. Received
B.A. from Southwest Texas State University and currently
working towards Masters in Counseling at Texas A & M -
Corpus Christi. (At Large) (4-08-04)
Shed Phillabaum
Director of Religious Education, Unitarian Universalist
Church of Corpus Christi. Received B.A. in Religious
Studies, M.A. in Literature and Ph_D. in Renaissance
Drama. Activities include: Texas Democratic Women and
Get out and Vote campaign. (Reh'gion) (9-28-04)
Jamie Pyle
Vice President, Pyle & Associates, Inc. Received B.S. in
Civil Engineering from Oklahoma State University.
Activities include: Boy Scout Venture Troop Advisor,
Southside Rotary Club, After Hours Quilters and
Leaderahip Corpus Christi. (At Large) (8-09-04)
Jennifer Anne Taylor
Executive Director, Family Outxeach. Received B.A. in
Art History and M_A. in Arts Policy and Administration.
Member of the Associatson of Ftmdraising Professionals,
South Texas Planned Giving Council, Chambex of
Commerce, and the Coastal Bend Alliance of Youth. (At
Large) (8-12-02)
LEADERSHIP COMMI~FEE FOR SENIOR SERVICES - One (1) vacancy with term to 2-01-06
representing the category of Community representative.
DUTIES: To assist the Senior Community Services division staffin the development of comprehensive
senior citizens program plans; to advise the SCS division staff of the needs for services according to
locally conceived priorities; to review and evaluate SCS operations; to increase recognition of
volunteers and public awareness of the division by coordinating and planning special events; and to
coordinate and plan fund raising activities to benefit SCS division goals.
COMPOSITION: Fifteen (15) memly~rs representing the following categories: 2 - Semior center
participants, 2 - Retired and Senior Volunteer Program (R.S.V.P.) volunteers, 2 - Senior Companion
Program (S.C.P.) volunteers, 3 - Direct service agencies, and 6 - Commumty representatives. Initially,
eight (8) members shall be appointed for a term of one-year and seven (7) members shall be appointed to
two-year terms_
MEMBERS
Roland Medrano (Agency), Chair
Alan D. Bligh (Commumty), Vice-Chair
H. Rex Amlck (Agency)
Marion Ball (Senior ctr.)
Pauline Johnson (Senior ctr.)
Helga Graham (R_S_V.P.)
Donna Marie Cisnerns (R.S.V.P_)
Apolonia Cantu (S.C.P.)
Juan Del Bosque (S.C_P.)
Lou Trlica (Agency)
Barbara Deguzis (Community)
A~-a Gonzales (Community)
Lucy Johnson (Community)
*Curtis Ford (Community)
Hope Franklin (Community)
ORIGINAL
TERM APPTD. DATE
2-01-05 2-12-02
2-01-05 2-12-02
2-01-06 2-12-02
2-01-05 2-12-02
2-01-06 2-12-02
2-01-05 2-11-03
2-01-05 2-10-04
2-01-06 2-12-02
2-01-05 2-10-04
2-01-05 2-10-04
2-01-06 2-10-134
2-01-06 2-12-02
2-01-05 2-12-02
2-01-06 2-10--04
2-01-06 2-10-04
*Resigned
INDIVIDUALS EXPRESSING INTEREST
Lidia Lopez
Manager, SBC Operation Services. Attending
Texas A & I University. Activities include:
President of the SBC Pioneers, the Coastal bend
Club and Booster of OCBCF Chess Organization.
(Community) (2-16-04)
Yvoune Mendez
Owner, Advantage Realty. Attended college for
various courses in Real Estate Brokerage and
Management in Mortgage Brokerage
Para Stetma
Kathy Turner
J ~"y Wagoner
Administration. Activities include: Local, State and
National Realtor~ Associations and Affordable
Housing Committe~ for the Corpus Christi Board of
Realtors. (Community)(4-20-04)
A~istant Professor of Nursing, Texas A&M
University-Corpus Christi_ Master's and Bachelor's
degrees in Nursing and holds a certificate in
Gerontology. Professional and community
activities include: membex of Oncology Nursing
Society, National League of Nursing and Sigma
Them Tau. Special awards received include:
Educator of the Year, 1995; Who's Who in
Medicine and Healthcare 1999-2000. (Community)
(9-~-05)
Marketing Director, Holmgreen Center at Trinity
Towers. Received a Master's in Social Work.
President of the South Texas Social Work Society.
(Agency) (7-17-03)
Retired Superintendent, General Motors. Activities
include: South Shore Christian Church, Ethel
Eyerly Senior Center, mentoring at Kaffie Middle
School, Site Council and the Neighborhood
Association. (RSVP) (1-20-04)
MUSEUM OF SCIENCE AND HISTORY ADVISORY COMMITYEE - Five (5) vacancies
with three-year terms representing the following categories: 2 - Museum Auxiliary, 2 - Regular
members and 1 - Friends of the Museum. (Mayoral appointment with confirmation by
Council)
(Note: Stuff is recommending postponing the appointment of the Friends of the Museum
member until a nomination can be made)
DUTIES: To consult with the Museum Director on operation of the museum, to act as advisory
to the City Council on matters pertaining to the operation, support, and development of the
Corpus Christi Museum.
COMPOSITION: Twelve (12) members appointed by the Mayor, with advice and consent of
the Council, to be selected as follows: 1 nominated by CCISD Boa,-d; 3 nominated by Friends of
the Museum; 2 nominated by Museum Auxiliary; and 6 by the Mayor who may seek suggestions
fi-om Friends of the Museum, Museum Auxiliary, Museum Advisory Board, and fi-om Board of
Trustees of other Corpus Christi school districts. Ex-officio members shall include the City
Manager and Superintendent of CCISD, or their designated representatives. The te.n of each
advisory member shall be three years.
MEMBERS TERM
ORIGINAL
APPTD.DATE
*Phyllis Howerton Riddle (Museum Aux.) - Chair
*Dr. Alexey Sadovski
Angie Flores {Friends of the Museum)
Joe E. Martinez Jr. {Friends of Museum)
**Dr. Henry Brennecke (Museum Auxiliary)
Dr. Grady Price Blount
Dr. Sharon D_ Brower (CCISD)
Randy Lara
Anna Peterson
**Tony C_ Diaz
***Shirley Abrams (Friends of Museum)
Dr. Margaret Ellen Bolick
City Manager
CCISD Superintendent
9-01-04
9-01-04
9-01-06
9-01-05
9-01-04
9-01-05
9-01-06
9-01-05
9-01-06
9-01-04
9-01-04
9-01-06
Ex-officio, nonvoting
Ex-officio, nonvoting
2-12-02
2-13-01
5-13-03
10-08-96
9-26-95
10-08-02
1-21-03
10-08-02
2-13-01
9-26-95
2-12-02
9-23-03
*Seeking reappointmcnt
**Has met the six-year limitation allowed by ordinance
***Is not seeking reappointment
(The Museum of Science and History Advisory Committee is recommending the
reappolntment of Phyllis Howerton Riddle (Museum Aux.) and Dr. Al~.ey SadovskL The
Museum Auxiliary is nominating Llnda Scott for the Museum Auxlllary positiotr)
A'i'rENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT
NO. OF MTGS. NO.
NAME THIS TERM PRESENT
Phyllis H. Riddle (Mus. Aux.) 11 11
Dr. Alexcy Sadovski 11 8
% OF ATI'ENDANCE
LAST TERM YEAR
100%
73%
OTltER INDIVIDUALS EXPRESSING INTEREST
Suzzette F_ Chop[in
Professor of Biology, Texas A & M University -
Corpus Christi. Received B.S_ in Secondary
Education, M.S. in Biological Sciences and Ph.D. in
Anatomy and Biochcnnistry. Member of the
Institutional Review Board for Driscoll Children's
Hospital_ Received the Koch Industries Outstanding
Educator and the Outstanding Faculty Award.
(Regular Member) (8-26-03)
Peter Kuntu-Mensah
Assistant Professor of Computer & Math Sciences,
Texas A&M University~2orpus Christi. Ph.D. fi-om
University of Maine; M.S. fiom Ohio State
University. Member of the Texas Society of
Professional Surveyors and the American Society of
Photogram. (Regular member) (9-24-04)
Joseph McDowell
Program Coordinator, Texas A & M University -
Corpus Christi. Received B.S. in Geology from
Virginia Polytechnic Institute and State University.
Awards received: Sea Service Deployment Ribbon,
NOAA Corps Commendation Medal, Antarctic
Service Medal, and Navy Commendation Medal.
(Regular member) (9-27-04)
Thomas Naeher
Assistant Professor of Geology and Environmental
Science. Received M.S. and Ph.D. in Geology.
Activities include: Enviromental Science Graduate
Admissions Committee, Harte Research Center,
Faculty advisor for Geology Club and Eta Eta
Chapter. Collaborates with musem's curators on
classroom projects. (Regular member) (9-03-04)
Diane Prewitt
Area Coordinator, Educational Resource
Development Trust. Senior at Texas A & M
University - Corpus Christi majoring in Human
Resource Management. Currently serving as Corpus
Christi H~dan-eah President and Combined Jewish
Appeal Board Member. (Regular Member) (9-12-
03)
Jamie Pyle
Vice President, Pyle & Associates, Inc. Received
B.S. in Civil Engineering fxom Oklahoma State
University. Activities include: Boy Scout Venture
Troop Advisor, Southside Rotary Club, After Hours
Quilters and Leadership Corpus Christi_ (Regular
Member) (8-09-04)
Bill Richmond
Senior Partner, Wienerschnitzel. Received B.S. in
Engineering form Texas A & M University_
Activities include: CCCC Foundation, Leadership
Corpus Christi and FOCUS. (Regular Member) (1-
OS-04)
Linda Scott
Current member of the Corpus Christi Museum of
Science and History Auxiliary Board and an active
volunteer. (Museum Auxitiary) (9-08-04)
Assistant Professor, Texas A & M University -
Corpus Christi. Received M.S. t~om Harvard
School of Public Health and Ph_D. from UCLA.
(Regular Member) (10-13-03)
STORM WATER MANAGEMENT ADVISORY COMMITI'EE - One (1) vacancy with
t~m to 6-30-05. (Mayoral appointment with confirmation by Council)
DUTIES: The duties of the committee are to become familiar with the issues surrounding storm
water management as well as the City's NPDES I~mfit for storm water and to advise the Mayor
and Council on these issues as the City continues its implementation of the Storm Water Quality
Plan.
COMPOSITION: Eleven (11) members appointed by the Mayor with the approval of the
council to represent various community interests. All members shall serve two-year terms.
MEMBERS TERM
ORIGINAL
APPTD. DATE
Willard Hammonds, H, Chairman 6-30-05 8-24-99
*W. Greg Carter 6-30-05 8-24-99
Robyn Cobb 6-30-05 8-24-99
Dr. Hector Esixada 6-30-05 10-08-02
Richard Haynes 6-30-05 7-10-01
Claudia L. Lobell 6-30-05 8-24-99
Henry Nuss 6-30-05 8-24-99
Ed A_ Lopez 6-30-05 10-08-02
Leon Loeb 6-30-05 7-10-01
Ted Stephens 6-30-05 8-24-99
Dan Winship 6-30-05 8-24-99
*Resigned
INDIVIDUALS EXPRESSING INTEREST
Michael Cox
Jamie~e
Patrick D. Veteto
Sr. Environmental Engineer, Valero Refining Co.
B.S. in Chemical Engineering, University of
Houston. Member of the United Way, Air and
Waste Management Association, and Amea-ican
Institute of Chemical Engineers. (9-27-04)
Vice President, Pyle & Associates, Inc. Received
B.S_ in Civil Engineering fi-om Oklahoma State
University. Act/vities include: Boy Scout Venture
Troop Advisor, Southside Rotary Club, Al~er Hours
Quilters and Leadership Corpus Christi. (8-09-04)
President, RVE Inc. B.S_ in Chemical Engineering
from Texas A&M Umversity - College Station.
Member of the Chamber of Commerce Board of
Directors and President of the Corpus Christi
Chapter of American Society of Civil Engineers.
(~ 0-0~-04)
3
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 10/12/04
AGENDA ITEM: Resolution authorizing the City Manager or his designee to execute
an intedocal cooperation agreement with the Corpus Christi Independent School
Distdct in the amount of $162,036 for the DARE and KIDS and COPS Curricula.
ISSUE: The Police Department provides a drug and violence prevention and safety
education curriculum to CCISD students. This agreement provides for this service and
must be renewed each year.
BACKGROUND INFORMAITON: The City of Corpus Christi Police Department has
been reimbursed for the DARE program by CCISD since 1990. This interlocal
agreement seeks to continue the relationship between the City of Corpus Chdsti Police
Department and CCISD for the DARE and Kids and Cops Program at an annual
reimbursable rate of $162,036 payable in three payments beginning with the 2004/2005
school year. This is based on the officers' actual time on campus of 5,814 hours times
an average hourly rate of $27.87.
The agreement calls for Police officers to teach the DARE curriculum to all 6~h grade
students, to teach the Kids and Cops curriculum to 2'~ and 4m grade students, and to
provide community-policing presentations to all middle and elementary school
campuses.
REQUIRED COUNCIL ACTION: Approval of the resolution.
FUNDING: CCISD reimburses the City of Corpus Christi in the amount of $162,036 each
year for the program.
CONCLUSION AND RECOMMENDATION: Staff recommends approval of the resolution.
Attachments:
nterlocal agreement with CCISD
CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT
Corpus Christi, Texas
[NTERLOCAL AGREEMENT BETWEEN
THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT
AND THE CITY OF CORPUS CHRISTI
THIS INTERLOCAL AGREEMENT, hereinafter refvn~l to as "the Agreement", is by
and between the Corpus Christi Independent School District (hereinafter referred to by
name or as "C.C.I.S.D."), and City of Corpus Christi, a Texas Municipal_Corporatton
(hereinafter referred to by name or as "C~ty"), pursuant to Chapter 791 of the Texas
Government Code, to achieve efficiency in meet'rog intergovernmental responsibilities.
Vtq:IF. REAS, the City Police Depmtmcnt provides the Drug Abuse Resistance Education
(hervinaRer referr~ to as "DARE") and Kids and Cops Programs; and
Vvq:~REAS, the Corpus Christi Independent School District desires to engage the City
Police Department to render services to C.C.I.S.D. students composed within the DARE
and Kids and Cops Curricula; and
WHEREAS, the City DARE program desires to perform said serwices;
NOW, TI:IlV, REFORE, the parties enter into the following Agreement:
ARTICLE 1. - CONTRACT TERM
The Agreement for services is effective immediately upon execution of this document by
beth parties and shall continue through JuRe 30, 2005.
ARTICLE 2. - PURPOSE
The purpose of this Agreement is to provide .drug and violence prevention and safety
education to all C.C.I.S.D_ elementary and middle school stadenhs_
ARTICLE 3. - SCOPE OF SERVICES
The C~ty will provide t o C .C.I_S.D. during the tvtm hereoft he following projects and
services:
1. Two (2) trained and certified Project DARE officers will provide instruction
as directed by the DARE curriculum to all 6th grade students at C.C.LS_D.
middle school campuses. The lessons will be taught in 10-weekly sessions.
2. Eleven (11) trained officers will pruvide the Kids & Cops curriculum to 2~
and 4~ grade students a~ all C.C.I.S_D. elementary campuses. The curriculum
will be taught in 4-week sessions.
3. Directed Patrol Ofcers will be community-policing resources to all middle
schools and elementary campuses.
4. Directed Patrol Officers will be available to make presentations to parents and
school staffon a number of subjects, including a parent's guide to recogmzing
the signs and symptoms of early gang involvement, chug abuse and the
consequences of underage drinking.
5. There will be an open line of communication with the City of Corpus Christi
and the administrator for Title IV: Safe and Drug-Free Schools and
Communities, (361) 886-9115.
6. The City shall bear the responsibility and expenses of ordering and paying for
a sufficient nmber of supplies. The City shall not make purchases in the
District's name or any of its agents nor shall it attempt to bind the District for
merchandise purchases pertaining to the delivery of DARE services_
7. Although not specifically funded under said contract, the City will continue to
offer programs that support a continuum of service to C.C.I.S_D. students.
These pmgramn are the Officer Friendly program that introduces positive law
enforcement interaction to Kindergarten, 1~t and 2"~ graders and the Campus
Crime Stoppers pmg~n that encourages students to take aa active part in
making their middle and high schools safe places to learn_
DISTRICT RESPONSIBILITIES
C_C.I.S.D. will be responsible for providing DARE curriculum books to students in the
middle school DARE programs and covering any cost thereof fxom 2004-2005 Title IV:
Safe and Drug-Free Schools and Communities funds.
ARTICLE 4. - EVALUATION COMPONENT
The City agrees to provide three summaries of program implementation and the
program's effectiveness to the Title IV: Safe and Drug-Free Schools and Communities'
admiaislrator by November 29, 2004, February 28, 2005, and May 31, 2005. The
sllmrnary shall include the following:
· Documentation o fprogram effectiveness, such as, Pre- and post-evaluation,
student/teacher surveys, etc.
· Total number of presentations made during the previous quarter.
· Total number of presentations made throughout the year to date ofsa~mmary_
· Total numbe:r of students served during the previous quarter.
· Total number and grade level of classrooms visited during the previous
quarter.
· Teacher's name for classrooms visited during the previous quarter.
· Officer's name for classrooms visited during the previous quarter.
A quarterly report will include information as prescribed by the Safe and Drug - Free
Schools and Commullities Act 'Principles of Effectiveness" as set forth below:
Principle 1: Assessment - A grant recipient shall base its SDFSC program on an
assessment of objective data concerning the drug and violence problems in the
schools and commtmities served.
Principle 2: Performance Measures - A grant recipient shall, with the assistance
of local or regional consultation with required representation, which includes
community representatives, establish a set of performance measures aimed at
ensuring that schools and communities served have a safe, orderly and drug-free
learning environment_
Principle 3: Scientifically Based Research - A grant recipient shall design and
implement its SDFSC activities for youth based on scientifically based research
that provides evidence that the strategies used prevent or reduce drug use and
violence.
Principle 4: Analysis of Factor~ - A grant recipi*nt shall base its SDFSC
program on an analysis of the prevalence of risk and protective factors, buffers,
assets, or other variables in schools and communities in the state identified
through scientifically based research_
Principle 5: Consultation - A grant recipient shall include meaningful and
ongoing consultation with, and input fxom, parents in the development of the
application and administration of the SDFSC program_
Principle 6: Evaluation - A grant recipient shall evaluate its drug prevention and
violence prevention program periodically to assess progress toward achieving its
established performance measures. The evaluation results shall be used to refine,
improve, and slxengthen ~ts program, and shall also be made available to the
public upon request, with public notice of such availability provided.
ARTICLE 5. - COMPENSATION AND METHOD OF PAYMENT
For and in considcn'ation of the services to be performed by the City pursuant to tiffs
Agreement, C.C.I.S.D. shall pay to the City $162,036 for services rendered at all
elementary and middle schools from Title IV: Safe and Drug-Free Schools and
Communities. This cost is based on an average hourly rate of $27.87 for 5,814 hours of
service to all elementary and middle schools campuses. Such amount shall be paid in
three (3) equal installments of $54,012, upon receipt of invoice and evaluative reports.
The first invoice is due on November 29, 2004, and the second invoice is due on
February 28, 2005 and third invoice is due no later than May 31, 2005.
C.C.I.S.D. shall pay the City of Corpus Christi all fees due no later than thirty (30) days
after the date ofreeeipt of invoice.
ARTICLE 6. - USES OF C.C.I.S.D. INFORMATION AND RECORDS BY THF~
Authorized representatives of the City may from time to time have access to, and use oL
information obtained from C.C.I.S.D. regarffmg students enrolled in the DARE program.
City officers shall not release or disclose to the public or any third party student
information or records without the prior written consent of the parent(s) of the minor in
question, except as required by state or federal law. Each party shall take all steps
necessary to ensure that the student information and records are viewed only by
anthonzed representatives of the City for the l~m,issible uses stated herein. Said
information is considered confidential, and shall not be used by the City or any of its
employees or agents for private purposes. The City acknowledges and understands that
the unauthorized release of student information or records may subject the individual or
entity to criminal and civil penalties. Accordingly, the City will educate and inform its
staff regarding C_C.I.S.D.'s "Acceptable Use Guidelines for Technology", permissible
uses of the student information and records obtained from C.C.I.S.D databases, and the
Family Educational Rights and Privacy Act (see 20 ti.S.C., Section 1252g and 34 C.F. IL,
Section 90, et seq.). The City further agrees that the information or records disclosed or
obtained pursuant to this Agreement will be destroyed by the City after the need for such
information ceases to exist.
ARTICLE 7. - TERMINATION
This Agreement may be terminated by any of the following occurrences:
A. By mutual agreement and consent in writing by both parties;
B. By either party upon thirty (30) days written notice to the other party;,
C. By either party upon the failure of the other party to fulfill its obligations as
set forth in this Agreement_
ARTICLE 8. - AMENDMENTS
Any and all changes to this Agreement may be enacted by written amendment or
addendum properly executed by the appropriate representative of each party.
ARTICLE 9. - ASSIGNMENT
Neither party shall assign, sublet or transfer its interests in this Agreement without the
prior written consent of the other party.
ARTICLE 10. - LIABILITY AND INDEMNITY
The parties hereto agree, to the extent permitted by law, to forever release fi'om liability,
indemnify, and hold harmless each other for the acts and/or omissions of their respective
4
employees. Specifically, the City agrees, to thc extent permitted by law, to fully release,
indemnify, and hold harmless C.C.I.S.D. for the acts and/or omissions of any City
employee who may violate the terms oft_his Agreement, or any other state or federal law
applicable to this Agreement. Further, C.C.I.S.D. agrees, to the extent p~mdtted by law,
to fully release, indemnify, and hold harmless the City for the acts and/or omissions of
any C.C.I.S.D. employee who may violate the terms of this Agreement, or any other state
or federal law applicable to this Agreement.
ARTICLE 11. - NOTICES
All notices fi-om either party to the other required under this Agreement shall be
personally delivered or mailed to such party at the following address:
For the City:
Pete Alvarez, Chief of Police
City of Corpus Christi Police Department
321 John Sartain St.
Corpus CIn-isti, Texas 78401
For C.C.I_S.D.:
Dr. J~us Chavez, Superintendent
801 Leopard Street
Corpus Christt, Texas 78401
ARTICLE 12. - APPROPRIATION OF FUNDS
The City and C.C_I.S.D. agree that the performance of each is subject to the ability of the
parties to provide or pay for the services required under this Agreement. The City and
C.C_LS.D. acknowledge that this Agreement between them is entered into m accordance
with the Interlocal Cooperation Act, Chapter 791, Texas Government Code. In
accordance with said Act, the parties hereto acknowledge that any payments made
pursuant to the te~ms of this Agreement shall be made from current revenues available to
the paying party, and any future payments are subject to appropriations.
ARTICLE 13. - EQUAL OPPORTUNITY
The parties shall provide all services associated with the subject matter of this Agreement
in compliance with the Civil Rights Act of 1964, Title IX of the Education Amendments
of 1972 (34 C.F.R., Section 106, et seq.), and all other applicable federal and state non-
discrimination statutes or Jaws_
ARTICLE 14. - LAW GOVERNING AND VENUE
The parties agree that the law governing this Agreement shall be that of the State of
Texas, and that any disputes arising under this Agreement shall have venue in a State
District Court of Nueces County, Texas.
ARTICLE 15. - MEDIATION
The parties agree that any dispute that may arise under this Agreement shall be first
submitted to mediation in an attempt to resolve any such dispute before litigation is filed.
The parties may seek injunctive relief from a Nueces County District Court prior to
mediation if there is an imminent risk of loss or damages_
ARTICLE 16. - FORCE MAJEURE
F. ach party hereto shall be excused from performance hereunder for any period a.nd to the
extent that it is prevented from performing any act, in whole or in part, as a result of
delays caused by the other party, or an act of God, war, civil disturbance, court order,
labor disputes, third pan'y non-performance, or other cause beyond its reasonable control,
including, but not limited to, failures or fluctuations in electrical power, heat, lighl, ak
conditioning, or telecommunications equipment, Such non-performance shall not be a
default or a ground for termination unde~ this Agrecraent_
WlIF. REAS, the City and the Corpus Christi Independent School District agree to the
t~-ms as set forth above, this Agr~wnent shall be effective upon full execution of the
Agreement by the proper authorities of each entity, after approval by the governing
bodies of such entities.
A'I'I'EST:
Annando Chapa, City Secretary
The City of Corpus Christi
~p) Noe, City Manager
Legal form approved on
; Mary K. Fischer, City Attorney
By:_ .
, hs~V,n~ City Attorney
CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT
P.O. Box 110
Corpus Christi, Texas 78403-0110
ondo, Sr., Fresident
Board of Trustees
Date
REVIEWED AND APPROVED BY THE OFFICE OF PURCHASING.
~)~ecto -~-~'~ [..o r pu~'/as -~mg~~~
APPROVED AS TO LEG!
FORM:
Stephen ~;ii~¢~/for CCISI0
RESOLUTION
AUTHORJ23NG THE CITY MANAGER, OR THE CiTY
MANAGER'S DESIGNEE, TO EXECUTE AN INTERLOCAL
COOPERATION AGREEMENT W1TH THE CORPUS CHRISTI
INDEPENDENT SCHOOL DISTRICT IN THE AMOUNT OF
$162,036 FOR THE DARE AND KIDS AND COPS CURRICULA
AND TO EXECUTE ALL RELATED DOCUMENTS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRIS'n, TEXAS:
SECTION 1. The City Manager, or the City ManageCs designee, is authorized to
execute an interlocal cooperation agreement w~th the Coq:~s Christ] Independent
School District in the amount of $162,036 for the DARE ~1 KTKJS and Cops
curricula program at local middle and e~mentary sd'~ls 8nd to execute
related documents.
THE CFI'Y OF CORPUS CHRISTI
nrrnando Chapa
City Secmt~y
Samuel L. Neal, Jr,
Mayor
APPROVED: October 5, 2004.
Assistant City Attorney
for City A[tomey
Corpus ~, Texas
Fifth day of October, 2004
The above resolution was passed by the following vote:
Samuel L. Neal, Jr.
Brent Ches~ey
Javier D. Colmenero
Melody Cooper
Henry Garrett
Bi~ Kelly
Rex A. K~nnison
Jesse Noyo~a
4
CITY COUNCIL
AGENDA MEMORANDUM
Date: October 12, 2004
AGENDA ITEM:
Item A: Resolution authorizing City Manager, or the City Manager's designee, to accept a
Grant from the State of Texas, Office of the Governor, Criminal Justice Division. in
the mount of $92,001 for eligible funding under the Juvenile Accountability
Incentive Block Grant program to reduce Juvenile delinquency, improve the Juvenile
Justice system, and increase accountabihty for Juvenile offenders, with a City match
of $10,223 in the No. 1020 General fund, and a total project cost of $102,224.
Item B:
Appropriating $92,001 from the State of Texas, Office of the Governor, Criminal
Justice Division, in the No. 1061 Police Grant fund for eligible funding under the
Juvenile Accountability incentive block Caant program to reduce juvenile
delinquency, improve the juvenile justice system, and increase accountability for
juvenile offenders; transferring $10,223 from No. 1020 General Fund and
appropriating it in the 1061 Police Grant Fund to continue to operate a Juvenile court
within Municipal Court, and declaring an emergency.
ISSUE: The Governor's Criminal Justice Division is awarding Juvenile Accountability Block Grant
funds to local units of government to promote greater accountability in the juvenile justice system.
REQUIRED COUNCIL ACTION: City Council must accept the grant and appropriate the funds.
PREVIOUS COUNCIL ACTION: City Council approved submission of the grant application on
Funding: The funds must be used within 16 specific pm-pose areas in an effort to achieve the
greatest impact to reducing juvenile delinquency and improving the juvenile tracking system. The
grant funds may not exceed 90% of the total program and participation requires a 10% cash match of
$10,223 to be provided from the Municipal Court Administration Department.
RECOMMENDATION: S taft recommends submitting the grant application.
Rene R. Mendiola
Director of Municipal Court
ADDITIONAL SUPPORT MATERIAL
Background Information
AGENDA MEMORANDUM
BACKGROUND INFORMATION
Municipal Court applied and was awarded the grant funding requested. This year, Municipal court is
again applying for this grant. The funds must be used within the 16 specific purpose areas in an
effort to achieve the greatest impact on reducing juvenile delinquency, improve the juvenile justice
system and increase the accountability of juvenile offenders. The maximum years of funding- there
is no limit (based on availability).
The City should receive these funds automatically by filing an application. As a Federal requirement
of the funding, the City has established a Juvenile Crime Enforcement Coalition (JCEC) consisting
of various representatives fi.om the community. The Mayors Commission on Children and Youth
meets the criteria established for the coalition. The proposed purposes to continue with a dedicated
Juvenile Court, establish accountabihty standards and interagency sharing of information and
improvements in the management of juvenile cases at Municipal Court meet the grant's criteria.
Establishing the Municipal Juvenile court has been successful in providing the community the
dedicated services to assist in addressing the Juvenile population. The dedicated services have
allowed for better use of the various juvenile programs throughout the City.
The funding has a distribution requirement of 45 and 35 percent minimums to be used in specific
purpose areas; however, a waiver may be granted for the distribution requirement if the local unit of
government can certify that the interest of public safety and juvenile crime control would be better
served by expending the funds in a different proportion. The City is requesting such a waiver in
order to use the majority amount to continue funding one prosecutor and the cost of the leased space.
This is in addition to establishing and maintaining an interagency information program that enables
prosecutors and Judges to make more informed decisions regarding the juveniles. Under this
proposal, the funds will also be used to expand the interagency sharing of information between
Municipal Court and the Juvenile Assessment Center.
Grant Coversheet Form
City o[ Corpus ChdsLi
Municipal Juvenile Court
Coq)us Chrislt MunlclpaJ Court
74-6000574
N/A
8/03 - 7/04
~ As.s~Lant City Manager, City of Corpus CBHsU
P.O. Box 9277
NUeOBS
No
Corpus Chdsfi, Texas
Grant Budget Form
$92,001
Shredding or' records
contract with Janitoral Services
Security
Prosecutor (in Slate [ravel [o inctude mileage at .36
per mile)
Judge (in State travel to Include mileage at .36 per
mile)
100.00% $50,692 $5,633
Cost for space - $2,686.60 each rnona~ [rom August
2004 to July 2005, 2828 sq · @ .95 Per sq ft.
Office supplies
$29,016
$6,723
$3,224
$748
Page 1 of I
Budget Form
Match & Generated Program Income (GPI) Form
STATE OF TEXAS
OFFICE OF THE GOVERNOR
CRIMINAL JUSTICE DIVISION
RICK
TO:
PROJECT DII~ECTORS, CRIMINAL IUSTICE DIVISION (CJD) GRANTS
FROM: AIMEE SNODDY, DIRECTOR OF PROGRAM AND GRANT ADMINISTRATION
SUBJECT: CID SUPPLEMENTAL GRANT AWARD NOTIFICATION
I am pleased to inform you that a Supplemental award for your grant has been approved. The enclosed
Supplemental Adjustment Notzce with the Approved Budget Summary contains information concerning a
grant adjustment awarded to your agency by CJD. The financial officer and the authorized official
designated in your grant application have also been informed of the award by separate letter. The
Grantee Supplemental Acceptance Notice was sent to the Authorized Official and must be returned to
CID within 45 days of the award date.
The Governor's web-site provides general information about CID and offers a variety of useful links to ·
CID documents and forms. The site at http://www.~ovemor.state.tx.us also contains documents needed
to properly administer CID grants.
I look forward to working with you to ensure the success of your program. Your dedication is
appreciated. Any questions relating to the administration of ti'ds grant can be directed to your COG
Planner or one of the staff members listed below:
Aimee Shoddy, Director of Program and Grant Adminstration - asnodd¥@ goveraor.state.tx_us
(512) 463-1924
Christina Grady, Victims Program Administrator- cgradv@Rovemor.state.tx us (512) 463-1715
~ Sanzan.na Lolls, Juvenile Programs Administrator - slolis@govemor.state.tx.us (512) 463-6472
Judy Switzer, Law Enforcement Programs Administrator- iswitzer@govemor.state.tx.us
(512) 463-7879
OFFICE OF THE GOVERNOR
CRIMINAL JUSTICE DIVISION
STATEMENT OF GRANT AWARD
Grant Number:
Grantee Name:
Project 'rltJe:
Grant Period:
Program Fund:
Date Printed:
Date Awarded:
JB~3-J20-132994
Coq)us Chdsti, City ol~
Service Providers
08/01r20o4 - 07/31/2005
JB-Juvenile Accountability Block Grant Program
9/2/2004
8/13F2004
CJD Award: $92,001
Grantee Cash Match: $10,2_23
Grantee In-Kind Match: $0
Total Project Cost: $102,224
The Governor's Cdminal Justice Division (CJD) has awarded the above-re[erenced grant. The approved budget is
reflected in the attached Budget Summary. The grantee agrees to comply with the provisions o[ the Governor's Cdminal
Justice Division's rules in 3qlle I, Part I, Chapter 3, Texas Administrative Cede in effect on the date the grant is awarded
(as listed above). By signing and submitting the Grantee Acoeptance Notice to CJD, the grantee accepts the
responsibility [or the grant project and agrees with the conditions or'grant [unding. The grantee's funds shall be placed
on hold until the grantee has salJslied the requirements o[ the special condition(s), if any, cited below.
Special Conditions and Requirements:
Match-GPI Form :
Document not included in application ~t. Submit
document.
2003-Juvenile J ustic~
Post Office Box 12428, Austin, Texas 78711 (512) 463-1919
Grant Number.
Grantee:
Project Title:
Grant Period:
Funding Source:
OFFICE OF THE GOVERNOR
CRIMINAL JUSTICE DIVISION
APPROVED BUDGET SUMMARY
JB-O3-J20-13299q36
Corpus Chdsti, City of
Service Providers
08/01/2004 to 07/31/2005
JB-Juvenile Accountability Block Grant Program
Region:
Date:
20O0
09/02J04
CJD Cash Match In-Kind
A. Personnel: S50,692 $5,633 $0
B. Contractual: $4,850 S538 $0
C. Travel: $720 $80 $0
D. Equipment: $0 $0 S0
E. Construction: $0 $0 S0
F. Supplies: S35,739 $3,972 $0
G. Indirect: $0 $0 $0
Total: $92,001 $10,223 S0
TOTAL
$56,325
$5,388
$8OO
S0
$0
$39,711
S0
$102,224
Budget Detail:
A. Prosecutor (loo%) $56,325
B. Shredding of Records $800
Janitorial Services $428
Secudty $4,160
C. In-SLate Travel S800
Costs for Space (2,828 sq. ft.) $32,240
Off'me Supplies $7,471
2003-Juvenile Justice
Pest Office Box 12428, Austin, Texas 78711 (512) 463-1919
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S
DESIGNEE, TO ACCEPT A GRANT FROM THE STATE OF TEXAS,
OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION, IN THE
AMOUNT OF $92,001 FOR ELIGIBLE FUNDING UNDER THE
JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT PROGRAM
TO REDUCE JUVENILE DELINQUENCY, IMPROVE THE JUVENILE
JUSTICE SYSTEM, AND INCREASE ACCOUNTABILITY FOR
JUVENILE OFFENDERS, WITH A CITY MATCH OF $10,223 IN THE
NO. 1020 GENERAL FUND, AND A TOTAL PROJECT COSTS OF
$102,224
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE Cl3¥ OF
CORPUS CHRISTI, TEXAS:
SECTION 1. The City Manager, or the Crty Manager's designee, is authorized to accept
a grant from the State of Texas, Office of the Governor, Criminal Justice Division, in the
amount of $92,001 for eligible funding under the Juvenile Accountabilk~y Incentive Block
Grant Program to reduce juvenile delinquency, improve the juvenile justice system, and
increase accountability for juvenile offenders. The City match for this grant is $10,223
in the No. 1020 General Fund, for a total project costs of $102,224.
SECTION 2. The City Manager, or the City Manager's designee, may reject, alter or
terminate the grant
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: 7~h day of October, 2004.
First Assistant City Attorney
for City Attomey
Samuel L. Neal, Jr.
Mayor
R42702A1 .doc I
Corpus Chdsti, Texas
of ,2004
The above resolution was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
Bill Kelly
Rex A. Kinnison
John Longoda
Jesse Noyola
Mark Scott
R42702A1 .doc 2
ORDINANCE
APPROPRIATING $92,001 FROM STATE OF TEXAS, OFFICE OF THE
GOVERNOR, CRIMINAL JUSTICE DIVISION, THE IN THE NO. 1061
POLICE GRANT FUND FOR ELIGIBLE FUNDING UNDER THE
JUVENILE ACCOUNTABILI'I-Y INCENTIVE BLOCK GRANT PROGRAM
TO REDUCE JUVENILE DELINQUENCY, IMPROVE THE JUVENILE
JUSTICE SYSTEM, AND INCREASE ACCOUNTABILITY FOR
JUVENILE OFFENDERS; TRANSFERRING $'10,223 FROM THE NO.
'1020 GENERAL FUND AND APPROPRIATING IT IN THE '106.1 POLICE
GRANT FUND TO CONTINUE TO OPERATE A JUVENILE COURT
WITHIN MUNICIPAL COURT, AND DECLARING AN EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $92,001 from the State of Texas, Office of the Govemor, Cdminal
Justice Division, is appropriated in the No. 1061 Police Grant Fund for eligible funding
under the Juvenile Accountability Incentive Block Grant Program to reduce juvenile
delinquency, improve the juvenile justice system, and increase accountabil~ for
juvenile offenders.
SECTION 2. $10,223 is transferTed from the No. 1020 General Fund and appropriated
in the 1061 Police Grant Fund to continue to operate a Juvenile Court within Municipal
Court
SECTION 3. That upon wdtten request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure on this the day of
,2004.
ATrEST:
THE CITYOFCORPUSCHRISTI
Armando Chapa
City Secretary
APPROVED: This 7~h day of October, 2004:
Samuel L. Neal, Jr.
Mayor
R42702B1 .doc 1
Corpus Christi, Texas
Day of
,2004
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: I/we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully,
Respectfully,
Samuel L. Neal, Jr., Mayor
City of Corpus Chdsti
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
5
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: October 12, 2004
AGENDA ITEM:
Resolution authorizing the City Manager, or the City Manager's designee, to accept a grant
from the Texas Department of Public Safety Division of Emergency Management in the
amount of $1,000.00 under the local Hurricane Grant Program for enhanced hurricane related
public awareness and education.
Ordinance appropriating $1,000.00 from the Texas Department of Public Safety Division of
Emergency Management in the No. 1063 Grants Fund for enhanced hurricane related public
awareness and education; and declaring an emergency.
ISSUE: The yearly threat of hurricanes requires that our citizens be provided with hurricane preparedness
information such as evacuation plaas, evacuation routes and safety plans.
Background: On May 12, 2004 the Texas Department of Public Safety Division of Emergency Management
awarded a grant in the mount of $1,000.00 for public awareness on hurricane preparedness. A news
letter on the subject was prepared and inserted in the June 2004 utility bill mail out.
REQUIRED COUNCIL ACTION: Approval of the Resolution and Ordinance as presented
PREVIOUS COUNCIL ACTION: None
CONCLUSION AND RECOMMENDATION: Staffrecommends approval of the resolution autho~6ng
the City Manager, or the City Manager's Designee, to accept the grant and appropriate the funds.
Attachments:
1. Resolution
2. Ordinance
RESOLUTION
AUTHORIZING THE Cl'rY MANAGER, OR HIS DESIGNEE, TO
ACCEPT A GRANT FROM THE TEXAS DEPARTMENT OF PUBLIC
SAFETY DIVISION OF EMERGENCY MANAGEMENT IN THE AMOUNT
OF $1,000.00 UNDER THE LOCAL HURRICANE GRANT PROGRAM
FOR ENHANCED HURRICANE RELATED PUBLIC AWARENESS AND
EDUCATION.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. The City Manager, or his designee, is authorized to accept a grant from
the Texas Department of Public Safety Division of Emergency Management in the
amount of $1,000.00 under the Local Hurricane Grant Program for enhanced hurricane
related public awareness and education.
ATTEST:
THE CITY OF CORPUS CHRISTI
Arrnando Chapa
City Secretar7
APPROVED: ,2004.
Assistant City Attorney ('-"/
For City Attomey
Samuel L Neal, Jr.
Mayor
Reso-DPS-dem.doc
Corpus Chdsti, Texas
of ,2004
The above resolution was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
Reso-DPS-dem
AN ORDINANCE
APPROPRIATING $1,000.00 FROM THE TEXAS DEPARTMENT OF
PUBLIC SAFETY DIVISION OF EMERGENCY MANAGEMENT IN THE
NO. 1063 EMERGENCY MANAGEMENT GRANTS FUND FOR
ENHANCED HURRICANE RELATED PUBLIC AWARENESS AND
EDUCATION; AND DECLARING AN EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $1,000.00 from the Texas Department of Public Safety Division of
Emergency Management is appropriated in the No. 1063 Emergency Management
Grants Fund for enhanced hurricane related public awareness and education.
SECTION 2. That upon wdtten request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure on this the 12~h day of October, 2004.
A'CrEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED.'
,2004
Samuel L. Neai, Jr.
Mayor
-tJ~91seph Hamey /
I,~/ssistant City Attorney --
For C'rty Attorney
Ord-Appro-D ps-clem .doc
Corpus Christi, Texas
day of ,2004
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: I/we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, Respectfully,
Samuel L_ Neal, Jr.
Mayor
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
6
AGENDA MEMORANDUM
AGENDA ITEM:
City Council Action Date:
October 12, 2004
Item ^: A resolution authodzing Ihe City Manager, or the City Manager's designee, to accel~ a grant
from the Texas Department of State Health Sen/ices (DSHS) in the amount of $620,000 for the
Women, Infants, and Children (VVlC) Program for FY 2005, based on a $10.45 reimbursement for
Item B: An ordinance appropriating a grant with the Texas Department o1' State Health Services
(DSHS) in the No. 1066 Health Grants Fund in the amount of $620,000 for the Women, Infants and
Children (WIC) Program for FY 2005, based on a $10.45 reimbursement for each palicipant served;
and dectadng an emergency.
ISSUE: The Bureau of Clinical and Nutrition Services, Texas Department of State Health Services
(DSHS), provides funding for supplemental food vouchers, and nutrition education at no cost to Iow
income pregnant and postpartum women, infants, and children. Services are performed in
accordance with the terms and specifications of the D~HS and Ihe United States Department of
Agriculture (USDA). Based on reimbursement of $10.45 for each participant, the attached budget
reflects the operational needs of the VVlC program for fiscal year 2005. This is a non competitive
grant with neutral budget impact.
REQUIRED COUNCIL ACTION: Authorize execution of the attachment to the public health
contTact and appropriate funds.
PREVIOUS COUNCIL ACTION: Council approved funding FY03-04,
FUNDING: No match funding required.
CONCLUSION AND RECOMMENDATION: Recommend City Council to approve and
appropriate funding for the continuation of nutritional and individual counseling services to Iow
income women, infants, and children.
(Department Head Signature)
BACKGROUND INFORMATION
The special supplemental nutrition program for women, infanls, and children (WIC) is a health and
nutrition program that is successful in improving the diets of infants, chikiren, and pregnant,
postpartum, and bmastfeeding women who are eligible for the program through Iow income and
nutrition-related risks. This item renews the current contract with the Texas Department of State
Health Services (DSHS) to provide services to Iow income women, infants, and children. The
conb'act will begin on 10/01/04 through 09/30/05. The main goal of the WIC program is to educate
mothers about proper nutrition for their babies and young children. The WlC divisk:m serves an
average of 5,000 WlC ciients per month.
CORPUS CHRISTI- NUECES COUNTY PUBLIC HEALTH DISTRICT
WIC PROJECT 38
OPERATING BUDGET FY 2005
DESCRIPTION
AMOUNT
SALARIES $372,423
RETIREMENT $72,082
GROUP INSURANCE $35,432
CHEMICAL & HOUSEHOLD $1,079
BOOKS & PERIODICALS $432
FOOD & FOOD SUPPLJES $216
MEDICAL SUPPLJES $2,160
MINOR COMPUTER EQUIPMENT $378
MINOR OFFICE EQUIPMENT $324
OFFICE SUPPLIES $3,780
MAINTENANCE MATERIAL $648
PROFESSIONAL SERVICES $2,160
RECREATION SUPPLIES/EQUIP. $216
LIGHT, HEAT, POWER $10,800
POSTAGE/FREIGHT $1,404
RENTAL/UNIFORM $972
TEMPORARY SERVICE $3,780
RENTAL/BEEPER $3,24O
MILEAGE REIMBURSEMENT $1,404
TELEPHONE $ 8, 641
BUll .DING MAINTENANCE $6,480
EQUIPMENT MAINTENANCE $540
MEMBERSHIP DUES $216
TRAINING/TRAVEL $1,836
PRINT/COPIES-CITY $108
REIM. crrY- IN-KIND $65,410
TRANS. TO INS FD 138/GRP. INS $20,813
TRANS. TO INS. FD 139/SELF. INS. $3,026
TOTAL $620,000
DEPARTMENT OF STATE ItEALTlt SERVICES
1100 WEST 49TFI STREET
AUSTIN, TEXAS 78756-3199
STATE OF TEXAS
COLINTY OF TRAVIS
DSHS I~cumeat No. 746~05741 2~5
Contraat Change Notice No_ 09
The Department of $~ale Health Serwce~, hereinafter referred to as RECEIVING AGENCY. did heretofore enter into a contract in
writing with CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY) hereinafter referred to as
PERFORM~G AGENCY The partie~ Ilaereto now de:sire to amend such contracl anachmeat(s) as follows:
S~Y OF TRANSACTION:
Air NO. 08 : BNS - WIC CARD PARTICIPATION '
All terms and conditions not hereby amended r~main in full fo~ce and effect
EXECD r/aD IN DUPLICATE ORIGINALS ON THE DATES SHOWN_
CORPUS CHRISTI (cl'rY OF)
Authorized Contracting Entity (type above if different
from PERFORMING AGENCY) fa and in behalf of:
PERFORM~G AGENCY:
CORPUS CFIRKSTI-~ COUNTY PUBLIC
rmALTH DkS-r~CT (crrY)
By: By:
(Signat~c of l~--i~,on authorized to sign)
(Name and Title)
Date:
RECOMMENDED:
By:
('PER}~R. MIIqG AGENCY Direclor, if different
from pct.,on authorized to sign contract
REuEIVING AGENCY:
DEPARTMI~NT OF STATE HEALTH S~RVICES
(Signatm'e of pem:m authorized to sign)
Bob Burnelle, Dir~gtor
Procurement and Contra~dng Servic~ Division
(Name aad Tide)
DB PCSD - Rev.
Cover Page 1
DETAILS OF ATTACHMENTS
Att/ DSHS Program ID/ Term
Amd DSHS Purchase
No_ Order Number Begin End Source of Amount
Funds*
01 0000001621 01.~ 1/04 12.r31/04 93-116 91.523.00 0.O0
02B 0000001760 01/01/04 12./31;~4 State93.268 144,350.00 0.O0
DIAB/CDSP
03 00(}(~02261 07/0U04 03F29/05 93.988 89.010.O0 0.O0
TB/PC
04 C038605000 09/01/04 08/31105 Sta~e 149,797_O0 0.00
IIIV/SURV
05 C039131000 09/01/04 08/31/05 State 39,716.O0 0.O0
OPHPFLPHS
06 C039'285O00 09101/04 0~/31/05 222,333.O0 0.O0
OPI-I~/BIOTERR
07 0O00300752 09/01/04 08131/05 93.283 640,245.00 0.O0
BNS/~qC-CARD
08 0000301442 10/01/04 09/30/05 10.557 0.O0 0.O0
DSHS Documemt No.746O005741 2005 Totals
Change No. 09 $1'376,974.O0 $ 0.O0
Fioancial Assistance
Direct
Total Amount
(DSHS Shaw)
91,523.O0
144,350.00
89,010.00
149,797.00
39,716.O0
222,333.O0
640.245_O0
0.00
$1,376,974~00
*Federal funds arc indicated by a num~ from Ibc C'~t, log of Federal Domestic Assistaac~ (CFDA), al'applicable. P,~ER TO
BUDGET SECTION OF ANY z~.O AMOUNT ATI'ACHMENT t:OR DETAIL~.
Cover Page 2
DOCUMI52qT NO. 7460005741-2005
ATrACI-IMENT NO. 08
PURCHASE ORDER NO. 00(10301442
PERFORMING AGENCY: CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH
DtSTmCT (crrY)
RECEIVING AGENCY PROGRAM: BUREAU OF NUTRITION SERVICES
TERM: October 01, 2004 THRU: September 30, 2005
SECTION I_ SCOPE OF WORK:
PERFORMING AGENCY shall administer RECEIVING AGENCY'S Special Supplemental
Nutrition Program for Women, Infant, and Children (WIC) to provide supplemental food
instruments, nutrition education and counseling to enhance good health care at no cost to low-
income p~gnant and postpartum women, infants and children identified to be at nulxitional risk.
PERFORMING AGENCY shall complete the following:
Perform Im)fessional, admiuisLratiYe and clerical services neceasary to determine
eligibility, provide food instruments, and pwvide appropriate nuaStion education and
co--rig to qualified women, infants and children in a specified geographic ax-ea.
PERFORMING AGENCY shall ensure adequate staff coverage and uninterrupted
delivery of services. Services shall be performed according to the terms and
specifications of tBECEIVING AOENCY'S Special Supplemental Nutrition Program for
Women, Infants, and Children (WIC) and/or the United States Department of Agriculture
(USDA) as referenced in this contract Attachment. During the term of this contract
Anachinent, USDA will issue regulations, instructions, policies and/or directives, which
may be incorporated into the RECEIVING AGENCY'S WIC Program Policy and
Procedures Manual and program roles.
PERFORMING AGENCY shall provide services in the authorized geographic service
ama(s) descn-ibed in PERFORMING AGENCY'S application and agreed to by
RECEIVING AGENCY'S WIC Program. PERFORMING AGENCY can change the
authorized geographic service area(s) with written approval from ~G
AGENCY'S BrIC Program. If RECEIVING AGENCY'S WlC Program disagrees on
change of geographic service area(s), PERFORMING AGENCY may terminate th/s
contract Attachment with at least thirty (30) days written notice.
Assxst in the collection of data that will identify benefits of this nutrition intervention
program and furnish financial, health, nutrition education and any other special reports in
a timely manner as required by RECEIVING AGENCY'S WIC Program's written rules
and policies for the compilation of such data.
A'I'rACItlMENT - Page I
ET
Determine eligibility of applicants through assessment of their income, residence and
nutritional status, and provide nutrition education and counseling to eligible applicants.
Train PERFORMING AGENCY'S Local WIC Agency staff;
Conduct outreach to potential applicants and make referrals to other Health and Human
Service providers.
Complete surveys as requested.
Maintain applicanffparticipant records as required by RECEIVING AGENCY'S WIC
Program's written roles and policies_
Determine participants' access to health care, medical care and other human services, and
make appropriate referrals. PERFORMING AGENCY shall have a system in place to
provide participants with appropriate health services or make appml:niate referrals to
health care providem under written agreements that ensure confidentiality of participants'
personal information_
Issue prenumhered food instruments furnished by RECEIVING AGENCY'S WIC
Program to qualified participants who shall use such instnnnents to obtain specified food
items from participating vendors; maintain complete accountability and security of all
food instxuments received from RECEIVING AGENCY'S WIC Program.
PERFORMING AGENCY shall be held financially responsible for all unaccounted for
food instruments and/or for the redeemed value of those issued to ineligible participants_
In addition, PERFORMING AGENCY shall he held financially liable for issuance of
infant formula instruments that axe not authorized or prescribed according to the Texas
WIC Policy and Procedure Manual.
Review the imnmmzation records of WIC Program applicants/participants to ensure that
immunizations are current. Make appropriate referrals to health care providers for
necessary imm,mizations.
Offer services during extended horn's of operation outside the traditional limes of 8:00
a.m. to 5:00 p.m., Monday through Friday, ac. cording to the PERFORMING AGENCY'S
Annual Plan of Operations as approved by RECEIVING AGENCY'S WIC Progra~ and
incorporated by reference.
Implement or expand PERFORMING AGENCY'S Breasffeeding Peer Counseling
program to provide training and salar)' incentive~ of peer counselors who assist pregnant
and brea~ffeeding W-lC participants in normal breasffeeding situations. This funding item
is contingent upon availability and whether participation is requested by PEJ~FORMING
AGENCY and approved in writing by RECEIVING AGENCY'S WlC Program.
Implement Lactation services for WIC participants who have breasffeeding problems that
are beyond the expertise of PERFORMING AGENCY'S local WlC staff and/or peer
A~IWACHlVlLeNT - Page 2
counselors using International Board Ceflified Lactation Consultants or the most
qualified equivalent. Lactation services may also include PERFORMING AGENCY'S
Local WIC Agency staff training and provision of lactation equipment. RECEIVING
AGENCY'S WIC Program will provide written approval of PERFORMING AGENCY'S
plan to use lactation funding. PERFORMING AGENCY'S plan must include
qualifications of any non-board Certified Lactation consultant, which is included in the
proposal.
Ensure adequate staff coverage and umnterrupted dehvery of WlC services if any
member of PERFORMING AGENCY'S staff is approved in writing by ~IVING
AGENCY'S WIC Program to participate in RECEIVING AGENCY'S Dietetic
Internship program. This internship will consist of no less than 900 hours of supervised
learning experiences in a variety of nutrition-related facilities and will prepare
PERFORMING AGENCY'S selected staff member to better meet the needs of WIC
participants.
RECEIVING AGENCY'S WIC Program will provide three (3) types of breastpumps for
eligible WIC participants by distributing breastpumps to PERYtORMING AGENCY or by
authorizing PERFORMING AGENCY to purchase brea~pump collection hts. If
PERFORMING AGENCY is authorized to purchase the bmaatpump collection kits,
RECEIVING AGENCY'S WIC Program will provide written notification of the specific
type~ of collection kits. If this nx/uirement is implemented, then the actual cost of
collection kits purchased by PERFORMING AGENCY will be reimbursed by
RECEIVING AGENCY'S WIC Program utilizing WIC F°od Grant funds. When
PERFORMING AGENCY receives or is authorized to purchase collection kits, Nutrition
Services and Administration funds may not be used for that purpose. The cost for the
purchase of the breastpump collection kits will not affect administrative surplus
calculations. The number and cost of the collection kits purchased shall be identified
separately on the face of the claim for reimbursement (State of Texas Purchase Voucher,
Form B-13).
Implement or expand PERFORMING AGENCY'S use of a Registered Dietitian (It.D) to
provide an array of technical services. With prior written approval from RECEIVING
AGENCY'S WIC Program, obtain the services of a RD who is registered with the
Commission on Dietetic Registration to provide services for PERFORMING AGENCY
such as: assistance with quaLity assurance, staff training, assistance with the Annual
Nutrition Education and Breasffeeding plan, individual counseling for high-risk
participants, and facilitated discussion classes.
PERFORMING AGENCY shall comply with all applicable federal and state laws, mle~,
~gulations, standards, and guidelines in effect on the beginning date of this Attachment unless
amended, including, but not limited to:
Uniform Federal Assistance Regulations, 7 CFR Parts 15, 15a, 15b, 246, 248,
3016, 3017 and 3018;
WIC Program Rules, 25 Texas Administrative Code; § § 31.11-31_37; and
ATFACHMENT - Page 3
3. Child Nutrition Act of 1966, as amended, 42 USC 1786.
The following documents are incorporated by reference and made a part of this contract
Attachment:
2.
3.
4.
RF-,C~WING AGENCY Standards for Public Health Clinic Services, revised
January 31, 2004;
USDA Food and Nutrition Service (FNS) Guideline.s;
USDA FNS Instructions issued under the FNS Directives Management System;
and
Texas BrIC Policy and Procedures Manual, dated 6/2002 or latest revision.
A copy of the current WIC Policy and Procedure Manual has been made available to
PERFORMING AGENCY. The WIC Policy and Prucedttre Manual, all revisions made to the
WIC Policy and Procedttre Manual through the Texas WIC Bulletin webiste, and written notices
am incorporated into this Agreement by reference. PERFORMING AGENCY has a duty to
become familiar with the contents and procedures contained within the WIC Policy and
Procedure Manual. PERFORMING AGENCY shall comply with all of the requirements of the
WIC Policy and Procedure Manual and Program rules as well as state and federal laws and
amendments governing or regulating the WIC Program.
PERFORMING AGENCY is responsible for ensuring that employees or agents acting on behalf
of PERFORMING AGENCY comply with all of the requirements of the WlC Policy and
Preced~ Manual, Program rules and all state and federal laws and amendments governing and
regulating the WIC Program.
Within thirty (30) days of receipt of an amended policy or rule, PERFORMING AGENCY shall
inform RECEIVING AGENCY'S WIC Program in writing ff it will not continue performance
under this contract Attachment in compliance with the amended policy or rule. RECEIVING
AGENCY'S WIC Program may terminate this contract Attachment immediately or within a
reasonable period of time as determined by ~G AGENCY'S WIC Program_
PERF'ORMING AGENCY shall pedorm all activities in accordance with PERFORMING
AGENCY'S FY 05 workplan, timeframes, and budget, and any revisions as approved by
RECEIVING AGENCY. These documents are hereby incorporated by reference and made a
pan of this coutmct Attachment_
PERFORMANCE MEASURES
The following performance measures will be used to assess, in part, PERFORMING
AGENCY'S effectiveness in providing the services described in this contract Attachment,
without waiving the enforceability of any of the other terms of the contract_
PERF-K)RMING AGENCY shall ensure:
A~I~FACHIVIENT - Page 4
1)
98% of families who participate in RECEIVING AGENCY'S WIC Program by receiving
food instruments shall also receive nutrition education classes or individual counseling
services to coincide with food voucher issuance;
2) Of all pregnant women who eater RECEIVING AGENCY'S WIC Program, at least 32%
shall be certified aa ehgible during the period of the fa-st trimester of their pregnancy;
3)
88% of clients who are enrolled in RECEIVING AGENCY'S WIC Program, excluding
dual participants, transfer locked and/or migrant clients, shall participate aa food
instrument recipients each month (breast-feeding infants ate also included in the client
count);
4)
60% of infants whose mothers were participants in RECEIVING AGENCY'S WIC
Program dmSng pregnancy shall be breast-fed at or before the time of their certification of
eligibility; and
¸5)
98% of participants who indicate during the enrollment proce, as of RECEIVING
AGENCY'S BrIC Program that they have no source of health care shall be referred to at
least one (1) source of health care at certification of eligibility.
PERFORMING AGENCY shall submit a monthly activity report which demonstrates
PERFORMING AGENCY'S efforts towards meeting assigned annual targets as described in
items 1-5 of the performance meaam-e,s. The report shall be in an approved format as provided by
~G AGENCY'S WIC Program, and shall be completed and submitted to RECEIVING
AGENCY'S WIC Program within seven (7) wot'king days after the end of each month.
SECTION II. SPECIAL PROVISIONS:
General Provisions, Assurances Article, is hereby mended to include the following:
PERFOILMING AGENCY hereby agrees that it shall comply with Tide VI of the Civil
Rights Act of 1964, 42 USC §§ 2000d et seq., Title IX of the Education Amendments of
1972, 20 USC §§1681 et seq., Section 504 of the Rehabilitation Act of 1973, 29 USC §
794, Age Discrimination Act of 1975, 42 USC §§ 6101 et seq.; all provisions tequi~ by
implementing the n:gulafions of the Department of Agriculture, 7 CFR Part 246;
Deparmaent of Sustice Guidelines for Enforcement of Tide VI, Civil Rights Act of 1964;
28 CFR § 50.3 and 28 CFR Part 42; and Food & Nutrition Service (FNS) dixectives and
guidelines, to the effect that no person will, on the grounds of race, color, national origin,
sex, age, or disability be excluded from participation under any program or activity for
which PERFORMING AGENCY receives fe~deml financial assistance from FIRS; and
heieby gives assurance that it shall immediately hake measures necessary to implement
this contract Attaclxment.
PERFORMING AGENCY shall cc~mpile data, maintain records and submit reports, aa
required, to permit effective enforcement of the nondiscrimination laws and permit
authorized USDA and State of Texas personnel, during normal working hours, to review
ATrACH2v~NT - Page 5
such records, boolcs, and accounts aa needed to ascertain compliance with the
nondiscrtmination laws. The Department of Agriculture, Food and Nutrition Services,
has the right to seek judicial enforcement if PERFORMING AGENCY violates any
nondiscfirmnation laws. This Assurance is binding on PERFORMING AGENCY, its
successors, transferees, and assignees, as long as they receive assistance or retain
possession of any assistance from the Department of Agriculture. The person or persons
whose signatures appear on the COVER PAGES of this contract Attachment are
authorized to sign this Assurance on behalf of PERFORMING AGENCY.
General Provisions, Standards for F'mancial and Programmatic Management Article, Item
A, regarding internal budgeting and Item C, regarding billing, collection, and fee schedules are
not applicable to this contract Attachment.
General Provisions, Terms and Conditions of Payment Article, is hereby modified to include
the following paragraphs:
The participant caseload will be assigned by RECEIVING AGENCY'S WIC Program by
giving written notice to PERFORMING AGENCY. The participant caseload is subject
to change upon written notice to PER.FORMING AGENCY from RElgEIV~G
AGENCY WIC Program with PERFORMING AGENCY'S concun-ence.
PERFORMING AGENCY assumes liability for all food co, ts resulting from
PERFORMING AGENCY exceeding its assigned caseload. The number of individual~
served in excess of assigned caseload are not to be included in the calculation of earned
administrative funds as described below.
RECEIVING AGENCY'S WIC Prognma will reimbume PERFORMING AGENCY for
administrative costs irmttrted when determining eligib~lity, providing appropriate
nutrition education and counseling, issuing food instruments, making participant
referrals, vendor evaluation, outreach, start-up costs and general administrative supporL
Administtmive costs will be reimbursed based on actual costs, but not to exceed the
'~maximum reimbursement" set out below, based upon the sum of the participants who
actually receive food instruments each month plus infants who do not receive any food
instruments whose breasffeeding mothers were participants to the extent that the total so
derived does not exceed PERFORMING AGENCY'S total assigned caseload within any
given month. Surplus funds (the mount by which maximum reimbursements exceed
actual costs) can be accumulated and carried forward within the contract Attachment
term. Surplus encumbered by September 30 shall be billed and voucher~ received by
RECEIVING AGENCY'S WIC Program no later than December 31, 2005.
PARTICIPANTS SERVED PER MONTH MAXIMUM REIMBURSEMENT:
During the term of the contract Attachment, PERFORMING AGENCY shall earn
administrative funds at the rate of $10.45 for each participant served as defined above.
PERFORMING AGENCY agrees that:
ATTACHMENT - Page 6
(1)
(2)
(3)
(4)
(5)
(6)
(7)
PERFORMING AGENCY shall identify and document separately not less than
19% of total administrative costs as expenditures directly related to nutrition
education and counseling. Nu~ition education and counseling expenditures shall
be supported by documentation of participant attendance or non-attendance within
the RECEIVING AGENCY'S WIC Program.
RECEIVING AGENCY'S WIC Program will reimburse PERFORMING
AGENCY for administrative expenses at a rate not greater than 5.26 times the
amount of properly documented expenditures for nutrition education and
counseling, but not more than is earned based on actual participation not to
exceed PERFORMING AGENCY'S assigned participant caseload, plus any
incentive funds allocated to PERFORMING AGENCY by RECEIVING
AGENCY'S WIC Program.
RECEIVING AGENCY'S WIC Program will limit (cap) PERFORMING
AGENCY'S indirect costs approved by a federal cognizant agency to twenty (20)
percent applied to PERFORMING AGENCY'S total direct salaries plus benefits
reirnbm~ed by ~G AGENCY'S WIC Program.
RECEIVING AGENCY'S WIC Program will identify annually to
PERFORMING AGENCY an amount of funds that shall be spent for
breasffeechng promotion. The allocation of breasffeeding funds to
PER_V-.ORM~G AGENCY will be based on PERFORMING AGENCY'S
proportional share of the statewide combined total of pregnant and breasffeeding
participants as reported to REL~IVING AGENCY'S WIC Program.
RECEIVING AGENCY'S WIC Program also reserves the fight to withhold a
proportionate amount of earned administrative funds when evidence exists that
nutrition education md/or breasffeeding promotion is not being provided by
PERFORMING AGENCY, or PERFORMING AGENCY is not complying with
the provisions of USDA and/or RECEIVING AGENCY'S WIC Program
directives.
RECEIVING AGENCY'S WIC Program reserves the right to utilize a
competitive offenng for the award of any future contracts at the end of the term of
this contract Attachment.
RECEIVING AGENCY'S WIC Program may amend or terminate this contract
Attachment if available funds become reduced, depleted, or unavailable during
the term of the contract Attachment to the extent that the WlC Program is unable
to provide admimstrative funding at the rate(s) shown above. RF_L~IVING
AGENCY'S WIC Program will provide written notification to PERFORMING
AGENCY of such fact.
A~FACH/v~IqT - Page 7
(a)
RECEIVING AGENCY'S WlC Program may pay for additional services as
specified in this contract Attachment if provided by PERFORMING AGENCY
during the term of this contract Attachment (but not otherwise paid during the
term of this contract Attachmen0 if it is in the best interest of the State and
RECEIVING AGENCY'S WIC Program to do so. If PERFORMING AGENCY
exceeds the amount of earned administrative funds as stated above,
PERFORMING AGENCY shall continue to bill RECEIVING AGENCY'S WIC
Program for the services provided. If additional funds become available at a later
date for the provision of these services, RECEIVING AGENCY'S WIC Program
may pay PERFORMING AGENCY a share of these funds.
(9)
RECEIVING AGENCY'S WIC Program may provide ~ncentives to
PERFORMING AGENCY'S Local WIC Agencies for participants who are
provided WIC services outside the normal traditional hours to the extent that
federal funding is available.
(I0)
RECEIVING AGENCY'S WIC Program may adjust the base reimbursement rate
defined above during the term of this contract Attachment if it is in the best
interest of the State of Texas and RECEIVING AGENCY'S WIC Program and if
additional administrative WIC Grant funds m'e available.
PERFORMING AGENCY shall indicate separately on the face of the claim for
reimbumement (State of Texas Purchase Voucher, TDH Form B-13) the costs associated
with nutrition education, breast-feeding, and other administralive costs.
General Provisions, Advance Payments Article, is not applicable to this contract Attachment.
However, PERFORMING AGENCY will be allowed the option of receiving a two (2) month
cash advance ~n accordance with WIC Program Policy and Procedures.
General Provisions, Program Income, paragraph one, is not applicable to this contract
Atlachment.
General Provisions, Overtime Compensation Article, is not applicable to this contract
Attachment_
General Provisions, Equipment and Supplies Article, is replaced with the following:
PERFORMING AGENCY shall accept responsibility and financial liability for all
equipment and supplies purchased with RECEIVING AGENCY'S WIC Program funds,
whether pun:hasefl locally by PERFORMING AGENCY or by ~L-~IVING
AGENCY'S W'IC Program and transferred to the care and custody of PERFORMING
AGENCY. PERFORMING AGENCY shall conduct an annual physical inventory of all
equipment purchased by RECEIVING AGENCY'S WlC Program and submit it at a t/me
to be specified by RECEIVING AGENCY'S WIC Program. RECEIVING AGENCY'S
WlC Program reserves the fight to recover the cost of equipment or supplies purchased
ATrACHlVIENT - Page 8
by RECEIVING AGENCY'S WIC Program and placed in the custody of
PERFORMING AGENCY if such articles are lost, stolen, or otherwise unaccounted for.
General Provisions, Reports Article, second paragraph, second sentence, is replaced with the
following:
A final report, Financial Status Report, Federal form 269 (Form GC-3), shall be
submitted no later than D~cember 31, 2005.
SECTION II/_ BUDGET:
All categories of costs bi[led to RECEIVING AGENCY'S WIC Program, and allocation of such
cost~, shall be in accordance with the "Plan to Allocate Direct Costs" (PADC) submitted by
PERFORMING AGENCY and approved by RECEIVING AGENCY'S WIC Program. This
document is incorporated herein by reference and made a part of this contract Attachment_
ATYAC141M2EBIT - Page 9
CERTIFICATION REGARDING LOBBYING
CERTIFICATION FOR CONTRACTS, GRANTS,
LOANS AND COOPERATIVE AGREEMENTS
The undersigned certifies, to the best of his or her knowledge and belief that:
(1)
No federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or an
employee of any agency, a member of Congress in co. nnection with the awarding of any
federal contract, the making of any federal grant, the making of any federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or cooperative
agreement.
(2)
If any funds other than federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, an officer or exnployee of Congre~, or an
employee of a member of Congress in connection with this federal contract, grant,
loan, or cooperative agreement, the under~Sgned shall complete and submit Standard
Form-Ill, "Disclosure Form to Report Lobbying," in accordance with it's
in.~tructions.
O)
The undersigned shall require that the lang-age of this certification be included in the
award documents for all subawards at all tiers ('including subcontracts, subgrants,
and contracts under g,ant% loans and cooperative ag,eements) and that all
subrecipients shall certify and disclose accordingly.
This cer~icatian is a material representation or fact upon which reliance was placed when
this trmt~action was made or entered into. Submission of this certification is a prerequisite
for making or entering into thia transaction impos~l, by Section 1352, Title 31, US. Code.
Any person who fails to l'de the required certification shall be subject to a civil penalty of not
less than $10,000 and not more than $100,000 for each such failure.
Signature Date
Print Name of Authorized Individual
7460005741 2005-08
Application or Contract N,,mber
C~RPU$ C~RISTI-NUECES COUNTY PUBLIC ~2~LTH DISTRICT (CITY)
Orga, i~,ation Name and Address
1702 HORNE ROAD
COR/~US C~ISTI, TX 78469-0000
A RESOLUTION
AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S
DESIGNEE, TO ACCEPT A GRANT FROM THE TEXAS DEPARTMENT
OF STATE HEALTH SERVICES IN THE AMOUNT OF $620,000 FOR
THE WOMEN, INFANTS, AND CHILDREN PROGRAM FOR FY2005,
BASED ON A $10.45 REIMBURSEMENT FOR EACH PARTICIPANT
SERVED.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. The City Manager, or the City Manager's designee, is authorized to accept
a grant from the Texas Department of State Health Services in the amount of $620,000
for the Women, Infants, and Children (WIC) Program for FY2005, based on a $10.45
reimbursement for each participant served.
ATTEST:
THE cl'rY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
APPROVED: October 4, 2004
Elizab~j,~n Hundley
Assistant City Attorney
for the City Attomey
EHres144.doc
Corpus Christi, Texas
,2004
2
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
EHres14.4 doc
AN ORDINANCE
APPROPRIATING A GRANT FROM THE TEXAS DEPARTMENT OF
STATE HEALTH SERVICES IN THE NO. 1066 HEALTH GRANTS
FUND IN THE AMOUNT OF $620,006 FOR THE WOMEN, INFANTS,
AND CHILDREN PROGRAM FOR FY2005, BASED ON A $10.45
REIMBURSEMENT FOR EACH PARTICIPANT SERVED; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. A grant, in the amount of $620,000, from the Texas Depa~b[,ent of
State Health Services, is appropriated in the No. 1066 Health Grants Fund for
FY2005, based on a $10.45 reimbursement for each participant served.
SECTION 2. Upon the written request of the Mayor or five Council members, copy
attached, the City Council: (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City
affairs, and (2) suspends the Charter rule that requires consideration of and voting
upon ordinances at two regular meetings so that this ordinance is passed and takes
effect upon first reading as an emergency measure on this the day of
,2004.
ATTEST:
CITY OFCORPUSCHRISTI
Arrnando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
APPROVED: October 4, 2004
A(X~'ssi~a' nt City Atto r n e yE~~~J~I
for the City Attorney
EH~-d 153doc
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 emer-
gency exists requiring suspension of the Charter rule as to consideration and voting
upon ordinances at two regular meetings: I/we, therefore, request that you suspend
said Charter rule and pass this ordinance finally on the date it is introduced or at the
present meeting of the City Council.
Respectfully,
Respectfully,
Samuel L. Neal, Jr.
Mayor
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
7
AGENDA MEMORANDUM
City Council Action Date: October 12. 2004
AGENDA ITEM:
Item A. An ordinance appropriating $201,500 from the estimated program income
revenue in the No. 1066 Health Grants Fund es State Fiscal Year 2004-2005 program
income to fund laboratory and nursing services for the period of September 1, 2004
through August 31, 2005; and declaring an emergency.
ISSUE: The Health Department receives funding from the Department of State Health
Services (DSHS) for vadous public health services. As a result of this support, fees that
are charged must be prorated to determine the percentage of revenues that were
generated using State/Federal funds. The State/Federal supported revenues are deemed
Program Income (PI). PI earned dudng the State fiscal year (September 1 - August 31 )
must be spent dudng that year or returned to the State. PI earned is to be used to
supplement local funds for public health services. Staff reviews actual eamings and
projected earnings to recommend an annual appropriation to cover expenditures.
Expenditures have included clerical positions in Laboratory & Nursing, laboratory and
nursing supplies, communications equipment, end staff training_ Planned expenditures for
FY 2004-2005 includes supplies, minor equipment, contractual services, training, and
computer equipment for the laboratory, and nursing programs.
REQUIRED COUNCIL ACTION: Authorize an appropriation of $201,500 for FY 2004-
2005 Program Income.
PREVIOUS COUNCIL ACTION: Council approved funding FY03-04.
FUNDING: There are no match funds required.
CONCLUSION AND RECOMMENDATION: Staff recommends that the ordinance be
approved to provide a continuation of public health services to our community.
(Department Head Sig-n~ture)
BACKGROUND INFORMATION
The Health Department receives funding from the Texas Deportment of State Health
Services (DSHS) for various public health services. As a result of this support, fees that
are charged must be prorated to determine the percentage of revenues that were
generated using State/Federal funds. The State/Federal supported revenues are deemed
Program Income (PI). PI earned during the state fiscal year (September 1 - August 31)
must be spent dudng that year or returned to the State. PI earned is to be used to
supplement local funds for public health services. Any DSHS grant that allows a
percentage of PI to go to the municipolity that executed the contract are calculated to
determine that amount and the remaining funds are appropriated back to the local health
department to support the infrastructure of the department.
The Sexually Transmitted Disease (STD) clinic saw 3,822 patients last fiscal year. Most of
the program income generated is used for medical supplies, office supplies, equipment,
and to purchase medicines that are not provided by the state.
Program Income for the Laboratory at the Corpus Christi-Nueces County Public Health
Distdct supports the purchase of supplies and equipment used for testing which affects
the following individuals in the public domain:
Testing of bottled drinking water produced by companies in the Coastal Bend area
serves hundreds of thousands of individuals who purchase and drink the water
produced. Our testing certifies to the public and government agencies that the product
is safe to ddnk and free from pathogens.
Testing of wells for the safety of drinking water serves thousands of individuals in 23
counties in South Texas and the Coastal Bend assuring that water is safe for human
and livestock consumption.
Hundreds of flood victims are served each year by the testing of their ddnking water
wells following episodes of flooding which can oc_~_~r in the same 23 counties. Results
of the laboratory testing can assure that it is safe to resume use of the water for
humans and livestock. In cases where the water is unsafe, the laboratory provides
info~Tnation and literature to help individuals "shock" their wells with chlorine or other
chemicals in order to bring water levels back to a safe level for drinking.
The testing of municipol beach waters for the presence of potential pathogens in the
recreational swimming water serves the resident population of the Coastal Bend plus
all the winter immigrants and tourists who visit for vacation or conferences in the
metropolitan area. Our laboratory provides the data to certify that the beach water is
clean and safe for human recreation.., swimming, windsurfing, parasailing, wade
fishing, etc.
The laboratory tests the soft-freeze product that is dispensed from ice-cream machines
in area restaurants which serves the health and well being of all the clients who eat in
those establishments. Our laboratory provides the data to certify that those restaurants
are serving a soft "ice cream' that is safe for human (children) consumption.
AN ORDINANCE
APPROPRIATING $201,500 FROM THE ESTIMATED PROGRAM
INCOME REVENUE IN THE NO. 1066 HEALTH GRANTS FUND AS
STATE FISCAL YEAR 2004-2005 PROGRAM INCOME TO FUND
LABORATORY AND NURSING SERVICES FOR THE PERIOD OF
SEPTEMBER 1, 2004, THROUGH AUGUST 31, 2005; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. Estimated program income revenue of $201,500 is appropriated in the
No. 1066 Health Grants Fund as State fiscal year 2004-2005 program income that
will be used to fund laboratory and nursing services for the period of September 1,
2004, through August 31, 2005.
SECTION 2. Upon the written request of the Mayor or five Council members, copy
attached, the City Council: (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City
affairs, and (2) suspends the Charter rule that requires consideration of and voting
upon ordinances at two regular meetings so that this ordinance is passed and takes
effect upon first reading as an emergency measure on this the day of
,2004.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa
Ci~ Secretary
Samuel L. NeaI, Jr.
Mayor
APPROVED: October 4, 2004
Eliza~')~th Hundle~/ ~
Assi~ant City Attorney ~
for the City Attomey
EHord154.doc
Corpus Christi, Texas
day of
,2004
TO THE MEMBERS OF THE CITY COUNCIL:
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an emer-
gency exists requiring suspension of the Charter rule as to consideration and voting
upon ordinances at two regular meetings: lANe, therefore, request that you suspend
said Charter rule and pass this ordinance finally on the date it is introduced or at the
present meeting of the City Council.
Respectfully,
Respectfully,
Samuel L, Neal, Jr.
Mayor
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
8
CITY COUNCIL
AGENDA MEMORANDUM
October 12, 2004
AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a Utility
Easement instrument with L&L Family Partnership, Ltd., for Parcel 428, in the total
amount of $35,000, necessary for the Southslde Water Transmission Main, Phase 4a,
Project ~8425, and for other municipal purposes.
ISSUE: The continuation or extension of the Southside Water Transmission Main is
underway for Phases 4, 4a, and 5 as shown on Exhibit C. These phases will extend the
water main from the South Staples Pumping Plant northeasterly to Holly Road and
southeasterly to Laguna Shores Road. On December 17, 2002, City Council approved an
engineering services contract with Urban Engineering for permitting, design and acquisition
of the required right-of-way. Out of the forty-two parcels requiring acquisition, thirty eight
parcels have been acquired to date. City staff has acquired Parcel 428 from L&L Family
Partnership, Ltd. in the amount of $35,000. Land purchases and condemnation awards
over the amount of $25,000 require City Council approval.
FUNDING: Water CIP 550701-4080-00000-180188
RECOMMENDATION: Approval of the motion as presented.
r~.~ngel R. Escobar, P. E.~
Director of Engineering Services
Attachments:
Exhibit A. Background Information
Exhibit B. Pdor Council Action
Exhibit C. Route Map
Exhibit D. Parcel Location Map
H:~tOME~EUSEBIOG\GENV~ If~ms~SS Water Trans. Ph 4a.L&L~Age~da Mem~-andum.doc
BACKGROUNDINFORMATION
SUBJECT: Southside Water Transmission Main, Phase 4a
Acquisition of Parcel 428
PRIOR COUNCIL ACTION: See Exhibit B
FUTURE COUNCIL ACTION: Council will be required to:
1. authorize contracts and expenditure of funds from the Water Capital Projects Fund
(Commercial Paper) which exceed $25,000; and
2. authorize the payment of any Special Commissioners' Awards in connection with
acquisition of any parcels by condemnation.
OVERVIEW:
Prolect Back~round: The Council-approved 1997 Water Distribu~'on System Master Plan
Update recommended a new Southside Transmission Main from the O.N. Stevens Water
Treatment Plant (ONSWTP) to a new pumping plant on South Staples. This new line will
alleviate inadequate water supply and pressure problems experienced during peak
demand pededs in Pressure Zone 2, the area southeast of Everhart Road. In addition, the
transmission main is necessary to increase the hydraulic capacity of the delivery system
from the ONSWTP to southeast Corpus Christi and eventually to Padre Island. It will be
the pdmary supply source for the Staples Street Pumping Plant. Phases 1 through 3 have
been constructed and Phase 4 and 4a are in the easement acquisition stage. These
current phases, 4 and 4a as shown on Exhibit C, will extend the transmission main from
the Staples Street Pumping Plant to Holly Road. Phase 5, which is now under design, will
extend the water transmission line from the Yorktown Blvd. & Rodd Field Rd. intersection
eastward to Laguna Shores Road.
Due to the peak work-load of the City's Land Acquisition staff with pdor Bond Issue 2000,
CIP, Airport Expansion and CDBG projects, it was necessary to outsource the negotiations
and acquisition process for this project. The City entered into a contract with Urban
Engineering which included acquisition responsibilities. Urban Engineering sub-
contracted with Right of Way Services, InCl (ROWS) for the negotiations and acquisition
of 42 parcels for Phases 4 and 4A.
Parcel Description: This parcel is composed of a utility easement and a temporary
construction easement both located on Redd Field Road at the Saratoga Boulevard
intersection. The parcel fronts along a 5.727-acre tract as shown on the attached Exhibit
D. The utility easement is fifteen (15) feet wide and approximately 685 feet long,
containing approximately .24 acres. The temporary construction easement is located east
of and adjacent to the utility easement. This easement is fifty (50) feet wide and 685 feet
EXHIBIT A
1 of 2
long containing approximately .80 acres. The subject property is zoned B-4, General
Business Disthct and lies within the city limits of Corpus Chdsti. Thomas F. Dorsey, MAI,
appraised the easements in the total amount of $28,800 based on $2.00 per square foot.
There are no crop damages or other damages to the remaining tract as a result of this
taking.
Parcel Negotiations: The City has concluded negotiations with the landowner and both
have agreed on an administrative settlement of $35,000. The increased amount is
attributed to dsing land values in this area as developments occur. The landowner~s tract
was also under contract for over the appraised value. It is in the best interest of the City
to settle at this amount in order to avoid a delayed condemnation suit. Since this is an
easement acquisition, no title company is required for closing.
H:~-IOME'~USEBIOG\GEN~ Iterns~SS Water Trans. Ph 4a.L&L~Backg~ou~:l.doc
EXHIBIT A
2 of 2
PRIOR COUNCIL ACTION
SUBJECT: Southside Transmission Main, Phase 4a
Acquisition of Parcel 428 (L&L Family Partnership, Ltd.)
10.
11.
12.
13.
September 9, 1997 - Approval of a motion to amend Section 4 of the Master Water
Plan (M97-246)
Selgtember 9, 1997 - Approval of amendment of the City of Corpus Christi
Comprehensive Plan by amending the Master Water Plan (Ordinance No. 023050).
December 16, 1997 -Approval of the FY97-98 Capital Budget (Ord. No. 023174).
June 16, 1998 - Award of an engineering services contract in the amount of
$706,140 to Urban Engineering for the Southside Transmission Main - O.N. Stevens
Plant to Clarkwood Road (M98-208).
September 22, 1998 - Approval of Amendment No. 1 in the amount of $298,505
to the contract with Urban Engineering expanding the scope of engineering
services for the Southside Transmission Main - Stevens Plant to Clarkwood
Road project to include the Staples Street Pumping Plant - New Pumping Plant
and Storage Reservoir (M98-327).
September 9, 1998 -Approval of a Testing Agreement in the amount of $32,822.65
with Trinity Engineering Co. for testing services for Southside Transmission Main
- O.N. Stevens Plant to Clarkwood Road (M98-328).
November 10, 1998 -Approval of the FY98-99 Capital Budget (Ord. No. 023474).
March 23, 1999 - Approval of site selection and authorization to proceed with
acquisition (M99-078).
March 23, 1999 - Amendment to the FY98-99 Capital Budget to revise the scope
of the Staples Street Pumping Plant project by accelerating a portion of the South
Staples 42" Southside Transmission Main fi-om the proposed Staples Street
Pumping Plant to Yorktown Road (Ord. No. 023592).
March 23, 1999 - Approval of Amendment No. 3 in the amount of $55,250 to the
contract with Urban Engineering expanding the scope of engineering services for
the Southside Transmission Main (Stevens Plant to Clarkwood Road Project):
Staples Street Pumping Plant - New Pumping Plant and Storage Reservoir to
include related additional engineering services for a 42-inch waterline fi-om the new
pumping plant at South Staples and County Road 43 to the existing 16-inch
waterline near Country Creek (M99-079).
Ma,/18, 1999 - Award of purchasing contract to A&H Enterprises for two horizontal
split case centrifugal pumps for Staples Street Pumping Plant, Contract 2 (M99-
142).
May 25, 1999 - Approval of condemnation proceedings for Parcel No. 1 (Res.
M023645).
June 22, 1999 - Award of construction contract to Pre-Load, Inc. for Staples Street
Pumping Plant, Contract 1 - 7.5 Million Gallon Storage Reservoir (M99-189).
EXHIBIT B
1 of 3
14. July 20, 1999 - Approval of FY99-O0 Capital Budget (Ord_ No. 023703).
15. September 28, 1999 - Award of construction contract to Gamey Company, Inc. for
42" Waterline from New Pumping Plant at So. Staples and County Road 43 to
existing 16" Waterline Near Country Creek for Staples Street Pumping Plant,
Contract 4 (M99-342).
16. October 19. 1999 - Award of construction contract to Lambda Construction for
Staples Street Pumping Plant, Contract 3 - Pump Station and Site Work (M99-361).
17. Aodl 11,2000 - Approval of acquisition of Parcel No. 21 for $16,535 in connection
with the Southside Transmission Main - Stevens Plant to Clarkwood Road project
(M2000-106).
18. Apdl 18. 2000 - Authorizing the condemnation of Parcels 19,24,28,29, and 30 in
connection with the Southside Transmission Main - Stevens Plant to Clarkwood
Road project. (Resolution #024014).
19. September 9. 2000 - Authorizing the condemnation of Parcels 8 and 9 in
connection with the Southside Transmission Main - Stevens Plant to Clarkwood
Road project. (Resolution #024213).
20. September 19,2000 - Approval of acquisition of Parcels No. 19,24,28,29 and 30 for
$55,000 in connection with the Southside Transmission Main - Stevens Plant to
Clarkwood Road project (M2000-332).
21. December 12, 2000 - Award of construction contract to Pate & Pate Enterprises for
construction of the new 60" waterline in connection with the Southside Transmission
Main - Stevens Plant to Clarkwood Road project for a fee not to exceed
$8,605,411. (Motion M2000-434).
22. December 12, 2000 - Award of a testing agreement with Trinity Engineering for
testing of the new 60" waterline in connection with the Southside Transmission Main
- Stevens Plant to Clarkwood Road project for a fee not to exceed $213,560.
(Motion M2000-435).
23. February 13.2001 - Approval of acquisition of Parcels No. 31a and 31b for
$28,291in connection with the Southside Transmission Main - Stevens Plant to
Clarkwood Road project (M2000-060).
24. April 17, 2001 - Motion authorizing the payment of the Special Commissioners'
condemnation award of $7,604 for the acquisition of Parcels 8 and 9 located south
of Callicoate Estates Unit 4 in connection with the Southside Water Transmission
Main project, Phase 1 - O.N. Stevens Plant to Clarkwood.
25. April 24, 2001 - Motion authorizing the City Manager, or his designee, to execute
An engineering services contract in the amount of $1,247,003.00 with Urban
Engineering for Southside Transmission Main, Phases 2, 2a & 3. (M2001-162)
26. June 25, 2002 - Motion authorizing the City Manager or his designee to execute an
amendment to an engineering services contract with Urban Engineering of Corpus
Chdsti, Texas in the amount of $454,125 for the Southside Water Transmission
Main, Phases 2,2a, and 3 and the Southside Gas Transmission Main, Parts B and
C. (M2002-180)
EXHIBIT B
2 of 3
27. December 17. 2002 - Motion authorizing the City Manager of his designee to
execute an engineering services centract with Urban Engineering of Corpus Chdsti,
Texas in the amount of $1,824,742 for the Southside Transmission Water Main,
Phases 4, 4a, and 5. (M2002-419)
28. January 14, 2003 - Motion authorizing the City Manager, or his designee, to
execute a construction contract with Gamey Companies, Ltd., of Kansas City,
Missouri, for a total fee not to exceed $15,844,698.58 for the Southside Water
Transmission Main, Phases 2, 2a, and 3. (Motion No. 2003-019)
29. November 11. 2003 - Resolution recognizing the public necessity of acquiring utility
and construction easements for the Southside Water Transmission Main project,
Phases 4,4a,and 5, for utility and other municipal purposes in connection with said
project; and authorizing acquisition by means of negotiations or eminent domain
proceedings by the City of Corpus Chdsti or its agents in acquiring said easements.
(Resolution No. 025547
30. March 30, 2004 - Motion authorizing the City Manager or his designee to execute
a Utility Easement instrument with Eloy H. Salazar and Ricardo A. Martinez, in the
amount of $25,080, for Parcel 406, necessary for the Southside Water Transmission
Main, Phase 4, Project, (#8390), and for other municipal purposes. (Motion No.
M2004-125)
31. ADd113, 2004 - Motion authorizing the City Manager or his designee to execute two
Utility Easement instruments with Ann Hardy Bratton, Individually and as
Independent Executrix of the Estate of Mark P. Bratton, for Pamels 401 and 411,
in the total amount of $41,937, both parcels necessary for the Southside Water
Transmission Main, Phase 4a, Project, (g8425), and for other municipal purposes.
(Motion No. 2004-141 )
32. May 18, 2004 - Motion authorizing the City Manager or his designee to execute two
Utility Easement instruments with Ronald S. Browning, for Parcels 415 and 416, in
the total amount of $31,290, both parcels necessary for the Southside Water
Transmission Main, Phase 4a, Project, (#8425), and for other municipal purposes.
(Motion No. 2004-183)
33. June 15, 2004 - Motion authorizing the City Manager or his designee to execute two
Utility Easement instruments with Ronald S. Browning, for Parcels 415 and 416, in
the total amount of $31,290, both parcels necessary for the Southside Water
Transmission Main, Phase 4a, Project, (#8425), and for other municipal purposes.
(Motion No_ 2004-218).
34. August 24, 2004 - Motion authorizing payment of the Special Commissioners'
condemnation award of $31,505.63 for the acquisition of Parcels 429, 436, and
437, each containing a Utility and Temporary Construction Easement, all located
along Redd Field Road between Wooldddge Road and Saratoga Boulevard,
necessary for the Southside Water Transmission Main, Phase 4a, Project #8425,
and for other municipal purposes. (Motion No. 2004-321)
H:~OME~EUSEBIOG\GE['AAgei-tda II.ms,SS Wat~ Trar~.Ph 4a.L&L~O~or Council Action.doc
EXHIBIT B
3 of 3
File : \Mproject\councilexhibits\exh8425a,dwg
LOCATION MAP N
N
PARCEL 428
CITY PROJECT NO 8425
VICINITY MA P
NOT TO SCALE
EXHIBIT "D"
SOUTHSIDE WA TER TRANSMISSION MAIN
PHASE 4A PARCEL 428
CITY OF CORPUS CHRISTI, TEXAS
CITY COUNC_~L EXHIBIT
DEPARTMENT OF ENGINEERING SERVICES
PAGE: I o£ 1
DATE: 10-06-2004
9
AGENDA MEMORANDUM
DATE: October 12, 2004
SUBJECT: CCIA Air Traffic Control Tower Asbestos Abatement - Project No. 1074
AGENDA iTEM:
Motion authorizing the City Manager, or his designee, to award a construction contract to
ARC Abatement of Corpus Christi, Texas, in the amount of $82,430.00 for the Corpus
Christi International Airport Air Traffic Control Tower Asbestos Abatement project.
ISSUE: This project is necessary to allow the City to proceed with demolition of the
building.
FUNDING: Funds for this project are available from Aviation CIP Funds, Reserve Funds
and Aviation Passenger Facility Funds.
RECOMMENDATION: Staff recommends approval of the motion as presented.
~42/1..'Angel R. Escobar, P. E.
\ Director of Engineering Services
Dave Hamdck
Aviation Director
Additional Support Material:
Exhibit "A" Background Information
Exhibit "B" Project Budget
Exhibit "C" Bid Tab Summary
Exhibit "D" Location Map
H :~H OM E~EVINS~G E NVM R~ATCT~DernoliUo n~,s bestosAw~lMe too.doc
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
SUBJECT: CCIA Air Traffic Control Tower Asbestos Abatement - Project No. 1074
PRIOR ADMINISTRATIVE ACTION:
1. July 28, 2004 - Award of an asbestos consulting contract to Health & Safety
Management, Inc. of Corpus Chdsti in the amount of $21,200 for the CClA Air
Traffic Control Tower (ACTC) Asbestos Abatement project.
FUTURE COUNCIL ACTION: Council will be requested to award a demolition contract
after abatement is complete.
BACKGROUND: The new terminal building obstructed sight lines from the old ACTC onto
par-is of the ramp and taxiways. The new ATCT was built by the FAA eliminating the need
for the old tower. The building has continued to be used as lease space by Homeland
Security. With the completion of their new lease space in the new Terminal, the City can
proceed with the actions necessary to demolish the old tower.
An asbestos survey was conducted to determine if abatement would be required prior to
demolition. The resulting survey resulted in the development of plans and specifications
for the removal of asbestos. Plans, specifications and contract documents were prepared
by ERM of Corpus Christi. ERM closed its local office and was providing project support
from Houston. Negotiations for construction phase services were not successful and
negotiation terminated.
Health and Safety Management was subsequently administratively retained to perform
construction phase services. They reviewed the plans and specifications, and
recommended additional testing to determine whether areas that were presumed asbestos
did contain asbestos. This resulted in a reduction of the material to be abated with a
substantial savings.
PROJECT: The project consists of the removal and disposal of Asbestos Containing
Materials (ACM) identified within the former Corpus Christi International Airport (CCIA) Air
Traffic Control Tower (ATCT) and Aviation Department Administrative Facility. The ACM
identified and to be removed includes: rolled floor tile (black floor mastic underneath); 9-
inch by 9-inch and 12-inch by 12-inch, lay-in floor tile and associated mastic materials;
black HYAC mastic; black ceiling deck mastic; acoustical tile mastic; cementitious panels;
Pipe wrap, insulation and fittings; tank insulation, wall texture (over sheetrock, concrete
and cinderblock), joint compound materials; and roofing materials; in accordance with the
plans, specifications and contract documents.
The project is estimated to require 60 calendar days; with completion anticipated by
December 2004.
EXHIBIT "A"
Page 1 o[ 2
H:~HOM E'~EVI N S~ E N~AIR~ATCT~Dem olition~,sbe s IosAwd BkgExhA.d oc
PROJECT BUDGET: The project budget is attached. See Exhibit "B".
BID INFORMATION: The project bid as a base bid. The City received proposals from
fourteen (14) bidders on September 22, 2004. (See Exhibit "C") The total bid prices
ranged from: $82,430 to $354,380. ERM's estimated abatement cost for the project was
$364,000.
City staff, and the City's consultant recommend that the base bid be awarded to
ArRC Abatement of Corpus Christi, Texas in the amount of $82,430.
CONTRACT TERMS: The contract specifies that the project will be completed in 60
calendar days after the notice to proceed, with completion anticipated no later than late
December 2004.
H :~.HOM E'~EVIN S~ E N~AIR~TCT~DemoI~io n~As bes[osAv~ B kg ExhA.do c
EXHIBIT "A"
Page 2 of 2
CCIA AIR TRAFFIC CONTROL TOWER ASBESTOS ABATMENT
PROJECT No. 1074
PROJECT BUDGET
October 12, 2004
FUNDS AVAILABLE:
IAviation ClP Fund
FUNDS REQUIRED:
Construction Cost (ARC Abatement)
Construction Contingencies (12.1%)
Asbestos Consultant (Health & Safety Management)
Construction Inspection (By Asbestos Consultant)
Engineering Reimbursements
Administrative Reimbursements
Incidental Expenses (Printing, Advertising, etc.)
Total ..................................................................................................... $
ESTIMATED
BUDGET
I $ 118,580.00 I
$ 82,430.00
10,000.00
21,200.00
1,500.00
450.00
3,000.00
118,580.00
J EXHIBIT "B" J
Page 1 of 1
E.xhiblt C
Page 1 of 3
mln, i, fucl ' ~Z/oum'
uwf ~1 ",iareum-
GOO
$1~1.~ 1t,6001~
I Exhibit C
Page 2 of 3 I
i
Exhlbl{ C /
Page 3 of 3
File : \Mproject\councilexhibits\exhlO74. dwg
\
San Patricio County
N
CORPUS
CHRISTI
BAY
PROJECT LOCATION
1000 IN~t~NATIONAL DRIVE
CORPUS CHRISTI, TEXAS
CESAR CHAVEZ BLVD.
N
LOCATION MAP
NOT TO SCALE
HWY 44
AGNES RD.
AIRPORT ENTRANCE
-- PUBLIC PARKING
AIRPORT TERMINAL
(AIR TRAFFIC CONTROL
TOWER)
-- COMMERCIAL APRON
-- TAXIWA YS
-- RUNWAYS
CITY PROJECT No. 1074
SITE LA YOUT
NOT TO SCALE
CCIA AIR TRAFFIC CONTROL TOWER-
ASBESTOS ABA TEMENT
CITY OF CORPUS CHRISTI, TEXAS
EXHIBIT 'D'
CITY COUNCIL EXHIBIT ~
OEP~£~ OF£NGINE~INGS£R!,flC~
PAGE: I of I
____--'-
DATE: 10- 12-2004 ~
10
AGENDA MEMORANDUM
DATE: October 12, 2004
SUBJECT: Storm Sewer Extensions at Vadous Locations
AGENDA ITEM:
Motion authorizing the Cib/Manager, or his designee, to award Amendment No. 1 to
a Contract for Professional Services with Naismith Engineering, Inc. of Corpus
ChdsU, Texas in the amount of $120,995 for a total restated fee of $145,495 for
Storm Sewer Extensions at the following locations:
· Leonard DriveJMulho~land Ddve Drainage Improvements,
· Villa Ddve Drainage Improvements, Phase 1,
· Fair Oaks Ddve Drainage Improvements,
· Milky Way ddve Outfall Improvements, and
· Greenwood Park Area Drainage Improvements.
ISSUE: This contract will provide for design services to include the extension of storm
sewer pipes to propedy drain these locations and alleviate serious flooding conditions.
FUNDING: Funds to finance the proposed project are available through the FY 2003-2004
Storm Water Capital Improvement Budget.
RECOMMENDATION: S~aff recommends approval of the Motion as presented.
~-~ ]7.J~el R. Escobar, P. E.,
Director of Engineering Services
Additional Support Material:
Exhibit 'A' Background Information
Exhibit 'B" Contract Summary
Exhibit 'C" Location Map
BACKGROUND INFORMATION
SUBJECT: Storm Sewer Extensions at Various Locations
PRIOR COUNCIL ACTION:
1. February 10, 2004 - Approval of the Capital Improvement Budget FY 2003-2004
(Ordinance No. 025647).
PRIOR ADMINISTRATIVE ACTION:
1. February 20, 2002 - Distribution et 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. I to the Request for Qualifications (RFQ) No.
2002-01 (Aviation, StreeL, 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 Qualifica§ons (RFQ) No.
2002-01 (AviaLion, 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).
6. September 20, 2004- Administrative approval of a small NE agreement with
Naismith Engineering, Inc. of Corpus Chds~, Texas in the amount of $24,500 for
Storm Sewer Extensions at the following locations:
· Leonard Ddve/Mulholland Ddve Drainage Improvements, and
· Fair Oaks Drive Drainage Improvements,
PROJECT BACKGROUND: This project is part of the Council approved Storm Water
Capital Improvement program's $55M list of pdority projects. During the course of
developing the CIP priority listing, consultants were hired to assess drainage in numerous
areas throughout the City. Based on [he data, evaluations and cost estimates developed
through the consultants, the City developed a priodty listing for implementation of the
improvements. Through the RFQ process, the City requested proposals and has opted to
hire numerous consultants to complete the $55M ClP projects. This contract includes
improvements at the following locations;
1. Leonard Ddve/Mulholland Drive Drainage Improvements (Project No. 2172).
2. Villa Ddve Drainage (Agnes to Baldwin), Phase 1 (Project No. 2173)
3. Fair Oaks Ddve Drainage Improvements (Project No. 2207)
4. Milky Way Ddve Ouffall Improvements (Project No. 2212)
5. Greenwood Park Area Drainage Improvements (Project No. 2215)
I EXHIBIT "A"
Page I of 3
The individual assessments completed by the pdor consultants have determined that each
of the areas listed above has serious drainage issues. One area, Fair Oaks Ddve, has
experienced severe flooding that has resulted in homes having water enter into them on
more than one occasion_ This project has been determined to be a high pdodty_ In order
to expedite the work associated with this area, the City issued a Small A/E contract with
Naismith Engineering, Inc. to begin assessing the drainage concerns. This contract will
complete design and bid phase services necessary to begin the repairs to these areas.
PROJECT DESCRIPTION:
Leonard Drive/Mulholland Drive Dralnaqe Improvements: Residents in the area of
Leonard Drive/Mulholland Ddve have complained about drainage problems during minor
rain events. The existing drainage system is undersized and requires additional
conveyance capacity in order to get water away from the intersection. In order to alleviate
drainage problems at the Leonard Ddve/Mulholland Ddve area, approximately 150 linear
feet of new storm sewer extension will be constructed to divert drainage to an existing
storm sewer system along sewer system along Shady Lane. The new storTn sewer will
connect to an existing inlet at the northeast comer of the intersection and divert water from
the inlet. The line will be laid parallel to Leonard Ddve be[ween the edge of pavement and
Northwestern R.O.W. line.
Villa Drive Dralnaqe (A~nes to Baldwin), Phase 1:
Villa drive between Baldwin and Agnes is currently a rural roadside section having roadside
ditches. The Water stands in the reed side ditches for long periods and dudng heavy rain
events water dses and flows onto the surrounding parking areas. The predominant land
use in the areas is industrial. Water from the drainage ditches is then conveyed south to
Agnes through an existing 18" storm sewer. The existing line is too small and additional
ouffall capacity needs to be provided. In order to alleviate drainage along Villa Drive
between Agnes and Baldwin, it is anticipated that approximately 250' el= new storm sewer
will be constructed south to the existing Agnes storm sewer system. In the future, Phase 2
will extend some additional storm sewer from the Villa/Agnes intersection west to an
existing ouffall ditch which begins and runs South of Omaha Drive.
Fair Oaks Drive Dralnaf~e Improvements:
Fair Oaks Ddve is located in area which is naturally Iow. Prior to the development of the
subdivision in the area, this was the natural valley which eventually fed to the North into the
Nueces River. It appears from the existing drainage data that drainage from the
surrounding subdivisions is all routed to an existing 60" storm sewer which conveys the
runoff to the North and into an existing Box Culvert system which conveys the water across
I.H. 37. Preliminary drainage assessments of the area indicate that the existing 60" is
inadequate to convey all the runoff. The storm sewer capacity needs to be increased. In
order to alleviate drainage it is anticipated that approximately 900' of new storm sewer will
be extended from an existing drainage ditch which runs along the back of the properties in
the area. The drainage ditch and area to be evaluated will inctude drainage associated
with three cul-de-sacs along Red Bird Lane immediately to the West of Fair Oaks Drive.
Some minor drainage improvements may also be required in each of the cul-de-sacs in
order to insure that all water is efficiently conveyed away from the areas.
Page 2 of 3
Milky Way Dflve Ouffall Improvements: Milky Way Drive has three existing storm sewer
lines which outfall to the Williams Drive Channel. Each of the lines is approximately 180'
long and runs from an inlet along the road and to the North where they outfall into the
existing ditch. Each of the lines is constructed within drainage easements which run along
property lines between existing houses. Visual inspections have determined that the
existing lines are corrugated metal pipe which have corroded and have reached their useful
life. In order to insure that the outfall capacity for Milky Way Drive is maintained, it is
anticipated that each of the existing three (3) lines will be replaced with a new lines having
equal or additional conveyance capacity. Construction of the lines will require special care
due to the close proximity to existing houses.
Greenwood Park Area Draina.qe Improvements: Greenwood Park Subdivision
experiences flooding and standing water even during minor storm events. The boundaries
of Greenwood Park subdivision are Sycernore Place (North), Castenon Street (East),
Trojan Drive (South), and Greenwood Drive (West). At this time the area outfalls to the
west through an existing 6'x6' box culvert system which discharges into Airport Ditch. A
study completed in January, 2004 (CIP City Project No. 90078) determined that the
existing drainage system is undersized and needed to be upgraded. In order to alleviate
drainage, the proposed improvements will be completed in three phases. Phase 1 will
consist of constructing a new outfall line along Trojan Drive from Greenwood West to
Airport ditch. At In the future, Phase 2 and 3 will inctude new lines which will bo extended
along Greenwood and along each of the 5 interior streets within the Greenwood Park
Subdivision.
For construction purposes, this project has been divided Into two (2) parts:
GROUP A:
1. Leonard Drive/Mulholland Drive Drainage Improvements
2. Fair Oaks Drive Drainage Improvements
GROUP B:
1. Villa Drive Drainage Improvements, Phase 1
2. Milky Way Ddve Outfall Improvements, Phase 1
3. Greenwood Park Area Drainage Improvements
CONTRACT SUMMARY/FEE: A contract summary and fee is attached as Exhibit "B".
EXHIBIT "A" I
Page 3 of 3
CONTRACT SUMMARY
AMENDMENT ONE
TO A CONTRACT FOR PROFESSIONAL SERVICES
CONTRACT FOR PROFESSIONAL SERVICES
The City of Corpus Chdsti, a Texas home role municipal corporation, P.O. Box 9277,
Corpus Chdsti, Nueces County, Texas 78469-9277 (City) acting through its duly authorized
City Manager or Designee (Director of Engineering Services) and Naismith Engineering,
Inc., a Texas corporation, 4501 Gollihar Road, Corpus Christi, Texas 78411
(Architect/Engineer - NE), hereby agree as follows: As authorized by a small NE
Contract.
SCOPE OF PROJECT
Leonard Drive/Mulholland Drive Drainage Improvements (Project No. 2172)
Villa Drive Drainage (Agnes to Baldwin), Phase 1 (Project No. 2173)
Fair Oaks Drive Drainage Improvements (Project No. 2207)
Milky Way Drive Ouffall Improvements (Project No. 2212)
Greenwood Park Area Drainage Improvements, Phase I (Project No. 2215)
A_~. Leonard Drive/Mulholland Drive Drainage Iml)rovements: In order to alleviate
drainage problems atthe Leonard Ddve/Mulho~land Ddve area, a new storm sewer
extension will be constructed to divert stormwater from the intersection and convey
it to an existing 36" storm sewer line along Shady Lane
B_~. Villa Drive Drainage (Aqnes to Balwin), Phase 1: In order to alleviate drainage
along Villa Drive between Agnes and Baldwin, it is anticipated that a new storm
sewer be constructed South to the existing Agnes storm sewer system.
C_~. Fair Oaks Drive Drainaqe Improvements: In order to alleviate drainage in the
Fair Oaks Drive area, it is anticipated that a new storm sewer be extended from an
existing drainage ditch which runs along the back of the properties in the area. The
drainage ditch and area to be evaluated will include drainage associated with three
cul-de-sac~ along Red Bird Lane immediately to the West of Fair Oaks Ddve.
D.~. MIIkvWay Drive Ouffall Improvements: MilkyWay Ddve has three existing storm
sewer lines which outfall to the Williams Ddve Channel. The lines are corroded and
have reached their useful life. Each of the lines will be replaced with a new line
having equal or additional conveyance capacity.
E_~. Greenwood Park Area Drainage Improvements, Phase 1: The Greenwood Park
Subdivision experiences flooding and standing water dudng minor storm events.
Phase 1 improvements are part of a three phase development. As part of this
Phase I of construction, it is anticipated that a new ouffall line will be constructed
along Trojan Ddve from Greenwood West to Airport ditch. In the future, Phase 2
and 3 will include new lines which will be extended along Greenwood and along
each of the 5 interior streets within the Greenwood Park Subdivision.
2. SCHEDULE:
EXHIBIT "B"
Page 1 of 3
The project will be split up into two construction contracts. The first, is Group A and will
consist of the improvements at the following sites
GROUP A
1. Leonard DrivelMulholland Drive Drainage Improvements (Project No. 2172)
2. Fair Oaks Dflve Drainage Improvements (Project No. 2207)
DAY
Wednesday
Monday
Friday
Friday
Wednesday
Monday (2)
Wednesday
Wednesday
Monday
Friday
PROPOSED PROJECT SCHEDULE- GROUP A
DATE
September 15, 2004
September 27, 2004
October 8, 2004
October 8, 2004
October 20, 2004
Oct 25 & Nov 1. 2004
November 3, 2004
November 10, 2004
January 3, 2005
March 25, 2005
ACTIVITY
Begin Preliminary Phase
Begin Design Phase
60% Submittal
City Review
Final Submittal
Advertise for Bids
Pre-Bid Conference
Receive Bids
Begin Construction
Construction Completion
GROUP B
1. Villa Drive Drainage (Agnes to Baldwin), Phase I (Project No. 2173)
2. Milky Way DHve Ouffall Improvements (Project No. 2212)
3. Greenwood Park Area Drainage Improvements, Phase 1 (Project No. 22t5)
DAY
Wednesday
Monday
Friday
Friday
Wednesday
Monday (2)
Wednesday
Wednesday
Monday
Friday
PROPOSED PROJECT SCHEDULE - GROUP B
DATE
October 27, 2004
November 29, 2004
January 7, 2005
January 14, 2005
February 2, 2005
February 14 & 21, 2005
February 23, 2005
March 2, 2004
April 18, 2005
July 8, 2005
ACTIVITY
Begin Preliminary Phase
Begin Design Phase
60% Submittal
City Review
Final Submittal
Advertise for Bids
Pre-Bid Conference
Receive Bids
Begin Construction
Construction Completion
EXHIBIT "B"
Page 2 of 3
C. Summary of Fees
Om~oA
Fair
NPDES
2- ROW Acqula~n S un~y
3. Top~p~ S~
4 H~rc-F_xcavat~
(~
$ 245.00 S 245.00
$ ~.00 $ ~.(~
$ 3,500.00 $10,094.10 321,00Q,O0 $3'1~40.e0
21(9.67
846.00
Summary of Fees
1. Odginal Small A/E Contract
2. Amendment One
Total Restated Fee
$ 24,500.00
$120,995.00
$145,495.00
\ Mprojec [ \ councilexh~bits ~ exh2 172. dwg
N
PROJECT
L OCA TI. ON
C_rP PROJECT No. 2172
LOCATION MAP
NOT TO S~
EXHIBZT "C"
LEONARD DRZVE MULHOLLANO DRZVE
DP, AZ/CAGE ZMPROVEMENTS
CITY OF CORPUS CHRISTI, TEXAS
C£TY COUNC£L EXHT_B_rT ,,~
DEPARTMENT OF ENGtNEER1NG SE~I, flCES
PAGE: I of 1
DATE: 10/06/04
~ Mprojec~ ~ councilexhibits \ exh2173, dwg
CIP PROJECT Ho. 2173
LOCATION IVIAP
NOT TO SCALE
VILLA DRIVE DRAINAGE IMPROVEMENTS, PHASE 1
CffY OF CORPUS CHRISTI, TEJ(AS
EXHIBIT "C"
~ Mproject ~ councilexhibi[~ \ exh220 7. dwg
Jackson
Woods
Pork
CIP PROJECT No. 2207
LOCATION MAP
NOT TO SCALE
EXHIBIT "C"
FAIR OAKS DRZVE DRA£NAGE £~4PROVEMENTS
CITY OF' CORPUS CHRISTI, TEXAS
CT_TY COUNCT_L EXH.~Br---._T ~
DEPARTMENT OF ENGINEERING SERYICES
PAGE: I of 1
DATE: 10/06/04 ~
N
CIP PROJECT No, 2212
LOCATION /4AP
NOT TO S~ALE
EXHIBIT "C"
I~ILKY WAY DRIVE OUTFALL IMPROVEMENTS
CITY OF CORPUS CHRISTI, T[XAS
CITY COUNCIL EXHIBIT
PAGE: I of 1
~TE: 10/06/04
\ Mproject \ councilexhibits \ e×h22 15,dwg
Coil CenLer
GREEN pARK
\
HORNE
LGLIT^
Westhaven
Pork
C
004 ~8
LINDA VISTA
Pork
TDMHMR
Corpus Christi
S[o[e School
i/C~reenwood
Pgrk
Moody
Midwoy
John Pork
Jones
Pork
HEND-
RICKS
LOCATION I
Pork
CZP PROJECT No. 2215
LOCATION k~
NOT TO SCALE
EXHIBIT "C"
GREENWOOD PARK AREA DRAINAGE IMPROVEMENTS
CITY OF CORPUS CHRISTI, TEXAS
CITY COUNCIL EXHIBIT ~
OEP~ENTOF ~NEERINGSERVIC~
PAGE: I of I
___-----
OA~: 10/06/04 ~
11
AGENDA MEMORANDUM
October 12, 2004
SUBJECT: Computerized Maintenance Management System
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to execute Amendment No. 4 to the
contract with EMA, Inc. in the amount of $674,510 for next phase implementation of the
Computerized Maintenance Management System.
ISSUE: The next phase of improved maintenance management is due for implementation in
FY2004-2005. The system is necessary to increase the efficiency of maintenance response
and allow continued re-engineering
FUNDING: Funds for these contracts are available in the adopted FY2004-2005 adopted
Operating Budget (Facility Maintenance, Health, Solid Waste, Streets, Gas, Storm Water,
Wastewater, and Water).
RECOMMENDATION: Approval of the motion as presented.
Eduardo Gara~ PE.
Director of Water Services
Director of Engineering Services
Debbie Marroquin, P.E.
Director of Gas Services
J~ffrey Kaplan v - -
Director of Solid Wastes and Street Services
Attachments:
Exhibit A:
Exhibit B:
Background
Summary of Contract
Page 1 of 1
H:~'tO M E~EVIN S~G EN\WATE R\C M MS~3405~AM D4 AWD M EMO.DOC
ADDITIONAL INFORMATION
SUBJECT: Computerized Maintenance Management System
SUMMARY: The City began implementation of a work management system during
FY2001-2002. The system has been partially implemented by the several departments.
The partially implemented system has been immensely beneficial to the departments using
the system. They consider full implementation essential for continuing to improve and
increase efficiency and service.
Full implementation is necessary to maximize savings possible through the re-engineering
process. The contract for FY2004-2005 further expands the system by integration of
SCADA systems, initiation of a field unit pilot, reinforcement of process analysis, extension
into Health Department and the Call Center. The contract and system does not require
continued implementation, and the City may decide to limit future implementation or
terminate the contract.
BACKGROUND: In December 2000, the City Council directed the Wastewater and Water
Departments to continue re-engineering efforts. Work continued in two major areas to
increase efficienqy:
1. workforce de~,elopment; and
2. facility automation.
The third area necessary is the development of a work management system. Such
systems are commonly used in the private sector to better manage work and to achieve
reductions in operating costs. The core component of modern work management systems
are computerized maintenance management systems (CMMS), which resulted in the
subsequent approval of the original contract on October 30, 2001.
CONTRACT SUMMARY: The contract is divided into four years with each year requiring
separate City authorization. Amendment No. 4 represents the third year of the
implementation program. The proposed contract for FY2004o2005 will result in the
integration SCADA systems, field use of CMMS, and integration of the Call Center and
Health Deparments. Specifically, the expansion will allow the City:
· provide additional training and process analysis and refinement;
· SCADA Integration and Field Unit Pilot for Gas, Storm Water, Water, and
Wastewater;
· development of business unit team for Health Department and Call Center;
and
· customer call centers procedures and start up.
H:~IOME~EVINSVGEN\WATER\CMMS~3405~AMD4BKG doc
EXHIBIT "A"
Page 1 of 2
PRIOR COUNCIL ACTIONS:
September 25, 2001 - Presentation on CMMS by the chief executive officer of EMA, Inc.;
October 30, 2001
_ Ordinance appropriating $400,000 into the No. 4010 Water Fund (Ordinance No.
024644);
_ Ordinance appropriating $400,000 into the No. 4200 Wastewater Fund (Ordinance No.
024645); and
_ Motion authorizing the City Manager or his designee to execute a contract with EMA,
Inc. in the amount of $800,000 for a Computerized Maintenance Management System
for the Water and Wastewater Departments (M2001-407).
September 26, 2002 - Motion authorizing the City Manager or his designee to execute
Amendment No. I with EMA, Inc. in the amount of $1,276,000 for a Computerized
Maintenance Management System (M2002-328).
November 18, 2003 - Motion authorizing the City Manager or his designee to execute
Amendment No. 2 with EMA, Inc. in the amount of $1,090,000 for a Computerized
Maintenance Management System (M2003-418).
PRIOR ADMINISTRATIVE ACTIONS:
Various Dates - Administrative approval of fee and work task realignments needed to
facilitate implementation.
June 8, 2004 -Award of Amendment No. 3 to EMA, Inc.
FUTURE COUNCIL ACTIONS: · Approval of Amendment No. 5 for FY2004-2005 to complete implementation.
· Council will be requested to authorize a contract to upgrade CMMS software.
FUNDING: Funding is available from the FY2004-2005 Annual Operating Budget.
RECOMMENDATION: Approval of the motion as presented.
H:V'IOM E'~EVIN S\G E N~WATE RV3 M M S V~405~AM D40 KG .doc
EXHIBIT "A'
Page 2 of 2
CONTRACT SUMMARY
I. SERVICES TO BE PERFORMED
Provide the City with work management training and an operable computerized maintenance management
system functioning as a City-wide work management program upon full implementation of the system. The
scope provides for the services to be performed through a sedes o[ modules that introduce general work
management concepts, establish standards for the City's program, and provide department-speci[ic training
and system coni~guration. The scope will include data collection support, practices modeling, skills inventory,
so~hvare configuration, system testing, training, and implementation. The Consultant will provide and deliver
to the City work management hardware and software necessary for the project. The software configuration
will be integra/ed with City software systems including, but not limited to, PeopleSoft, HTE, geographic
information system, and utility supervisory conb-ol and data acquisition (SCADA) software.
FEE FOR SERVICES AUTHORIZED
1. The City will pay the Consultant a fixed fee not to exceed $3,860,510.00.
The fee consists of:
· An original contract fee totaling of $800,000.00;
· An Amendment No. 1 fee totaling $1,276,000.00;
· An Amendment No. 2 tee totaling $1,090,00.00;
· An Amendment No. 3 tee rotating $20,000.00; and
· An Amendment No. 4 fee totaling $674,510.00.
Amendment No. 4 services consists of the following Phases:
· Phase 10: SCADA Integration and Field Unit Pilot
· Phase 12a: Process Analysis and Reinforcement o[ New Prac§ces (during/after MAXIMO uprade)
· Phase 12d: Health (Animal Care and Vector Control)
· Phase 16a: Process Analysis and Reinforcement of New Practices
· Phase 18b: Call Center Work Management Roll-out (Service Delivery Management)
and such other phases and tasks as may be mutually agreed by City and Consultant.
Table I - Summary of Fees:
Original Contract
Phase Cost
Phase 1: InitJaLion and Basic Tools - Compleled under Project 8380 $200,000
Phase 2: Pilot ON Stevens - Completed under Project 8380 $200,000
Phase 3: Extend lo Wastewater Plants - Completed under Project 8380 $200,000
Tasks 4.4, 7.4, 8.4, 9,4, 12.4, and 13,4: Skill Sets- Completed under Project 8380 $75,000
FY 2001-02 Basic Services Fees $675,000
FY 2001-02 Additional Services (Data Access Master Plan, Upgrade Preparation) $125,000
Total Odglnal Contract $800,000
Amendment No. 1
Phase 4: Water and Wastewater Lines with GIS Interface (Except Task 4.4) $187,500
Phase 4a. Process Analysis and Rein[orcement $200,000
Phase 5: Expand Technology Access (add licenses) $200,000
Phase 6: Warehouse, Utility Billing, Peoplesoft and HTE (CustomedLocation Interface) $186,000
Phase 7a: CQM, Health 0Nastewater Pretreatment Coordination), and Fire (Hydrants onby) $67,500
(Task 7.1, 7.2, 7.3 only)
Phase 8: Storm Water (Except Task 8.4) $187,500
Exhibit B I
Page 1 of 2
Phase 9: Gas (Except Task 94) $187,500
Phase 14: Airport (Task 14.5 only) $46,000
FY 2002~3 Basic Services Fees $1,262,000
FY 2002-03 Additional Services (Functional Analysis for Upgrade) $14,000
Total Amendment No. I $1,276,000
Amendment No. 2
Phase 7b: Solid Waste- Collection $80,000
Phase 8a. Process Analysis and Reinforcement $200,000
Phase 12a. Process Analysis and Reinlorcement (pre-upgrade support) $49,490
Phase 12b: Facilities Maintenance (Except Task 12b.4) $47,500
Phase 12c: Park and Recreation (Except Task 12.4) $100,000
Phase 13: Streets (Except Task 13.4) $187,500
Phase 18a: Call Center Procedures and Start-up $75,000
FY 2003-04 Basic Service Fees $730,490
FY 2003-04 Additional Services (Functional Analysis/Enhancements for Upgrade) $359,510
Total Amendment No. 2
Amendment No. 3
Phase 19: Procure, install, and provide training for OSP InSight Software, or equivalent $20,000
Total Amendment No. 3 $20,000
Amendment No. 4
Phase 10: SCADA Integration and Field Unit Pilot $200,000
Phase 12a. Process Analysis and Reinforcement (support during/after upgrade) $151,510
Phase 12d: Health (Except Pretreatment Coordination) $40,000
Phase 16a. Process Analysis and Reinforcement $200,000
Phase 18b: Call Center Work Management Roll-out $75,000
Amendment No. 4 - FY 2004-05 Fees $674,510
$3,860,510
Total Not to Exceed Authorized Fee
Future Tasks
Phase 7c: Solid Waste - Landfill Operations $40,000
Phase 11: Broad Field Unit Deployment $200,000
Phase 14: Airport (Except Task 14.5) $154,000
Phase 15: Police and Fire $200,000
Phase 16: Extension of Field Unit Program $200,000
Phase 17: HCD, Museum, Library, Conv Cfr, MIS plus Fleet Interface $200,000
Maximum Future Fee $994,000
Exhibit B
Page 2 of 2
12
CITY COUNCIL
AGENDA MEMORANDUM
Date: October 12, 2004
SUBJECT: Agreement between City of Corpus Christi and the Corpus Christi Regional
Economic Development Corporation
AGENDA ITEM: Motion authorizing the City Manager or his designee to execute an
agreement with the Corpus Christi Regional Economic Development Corporation (EDC)
whereby the EDC will promote economic development in the Corpus Christi Bay area for an
annual fee of $475,000 and ratifying the 1 ~t quarterly payment. The agreement term is August 1,
2004 through July 31, 2005.
ISSUE: EDC is a non-profit corporation whose mission is to organize, coordinate, and lead the
expansion of the Corpus Christi region's economic base through actions and programs that
encourage and cause retention, expansion, and recruitment of industrial, manufacturing,
distribution, and service employees. The City of Corpus Christi will contract with the EDC for
the promotion of economic development in the Corpus Christi bay area.
FUNDING: Funding is available from the FY 2004-2005 General Fund, Water Fund,
Wastewater Fund and Gas Fund Budgets.
RECOMMENDATION: Staff recommends approval of the motion as presented.
Geo~ .~N~
City Manager
CONSULTING SERVICES AGREEMENT
THE STATE OF TEXAS
COUNTY OF NUECES
§ K~OW ALL BY THESE PRESENTS
This Consulting Services Agreement is executed by and between the City of Corpus Christi,
Texas, a municipal corporation (hereinafter the "City") and the Corpus Christi Regional Economic
Development Corporation, a Texas nonprofit corporation organized for the purpose of promoting
economic development of the Corpus Christi area (hereinafl:er the "Contractor").
1. Description of Services. Contractor agrees to provide professional services to the City in the
area of economic development. Contractor will organize, coordinate, and lead the expansion of the
Corpus Christi area's economic base through actions and programs that encourage and cause retention,
expansion, and recruitment of industrial, manufacturing, dislribution, and service employet~. The
professional services to be performed by Contractor may include the following:
(a) Create and implement programs and strategies designed to promote the prosperity of,
retentkm of, and expansion of existing industries and business enterprises
(b) Aggressively recruit and promote the Corpus Christi Bay area to prospects for new indnswies
and business enterprises, particularly those which would substantially increase employment.
(c) Negotiate, subject to the approval of the city council of the City or other applicable
jurisdictions, atlxactive, sound, and economically viable incentives designed to fo~ter the
maintenance and expansion of existing indu_m'ies and business enterprises as well as the
inducement of new ones.
(d) Advise and update the City of Contractor's status and progress on a quarterly basis.
(e) Undertake, from time to time, contingent upon beth finding and resources, and at the direction
of Contractor's board of directors:
(1) developing information and conducting research on area and regional economics, finance,
education and training, housing, planning, development, and other similar areas of public
concern which are deemed necessary to further its efforts;
(2) assisting in lhe dissemination of pertinent local information by using a broad range of
delivery vehicles as deemed prudent and effective; and
O) participating, in conjunction with the South Texas Military Task Force, in periodic efforts
to ensure the retention of military facilities in the Corpus Christi Bay area.
(f) Conduct any and all other lawful activities which aid, assist; and encourage the economic
prosperity and development of the City.
2. Records. Contractor agrees to record the revenues received from the City for economic
development services as a l~rtion of its general revenues on its books of account. Contractor agrees to
record all of its revenues and expenditures in financial statements prepared in accordance wi~ generally
accepted accounting principles, which financial statements shall be made available to the City upon
request.
3. Reports. Quarterly on dates designated by the City Manager, Contractor shall furnish to the
City a performance report of its economic development services performed pursuant to this Agreement
which shall reflect overall activity, meetings, contacts and other activities conducted by Contractor, such
reports are to include such data as may be reasonably required by the City. Any communications or
contacts which are of a confidential nature shall be limited to a general description only.
4. Comoensation. The City agrees that for the economic development services performed by
Contractor, the City shall pay to Contractor the sum of $475,000.00 for the initial period covered by this
Agreement and thereafter that amount set by the City in its annual budget each year for compensation
under this Agreement. The fees and expenses due for economic development services under this provision
shall be payable in quarterly installments. A report of the activities of the Contractor shall be provided
with each invoice.
General Provisions
1. Directors. (a) The City Council of the City shall be entitled to nominate three (3) of the
members of the board of directors of Con,actor, which persons may be City Council members or other
public officials. Such directors shall serve three-year terms staggered as provided in Contractor's bylaws;
provided that the term of office of any director who is a public official shall coincide with his or her term
of public office. Also, the City Manager shall serve as an ex-officio, non-voting member of the beard of
directors of Contractor.
(b) Each of the above directors nominated by the City shall be elected to the board of directors of
Contractor by the majority vote of its board. In the event Contractor fails to elect any directors, such
failure shall constitute a breach of this Agreement and all finding by the City shall be terminated.
(c) The remainder of Contractor's board of directors shall be comprised of not more than six (6)
persons elected by Contractor's membership in accordance with its bylaws, and three (3) appointed by
other governmental entities, and the Mayor of the City and the County Judge of Nueces County. In the
event the City fails to renew this Agreement or make the annual appropriations required under this
Agreement, all directors nominated by the City and appointed by Contractor shall forfeit their remaining
terms of office.
2. Contracts. The City and Contractor agree that in no event shall the City be liable for any
contracts made by Contractor with any person, rUTh, corporation, association or governmental body.
3. Non-liability. The City and Contractor agree that in no event shall the City be liable for any
damages, injuries, or losses charged to or adjudged against Contractor arising from its operations, or the
use or maintenance of its facilities.
4. Annual Appropriations. The parties mutually agree and understand that funding under this
Agreement is subject to annual appropriations by the City Council and that each fiscal year's funding
most be included in the budget for that year and is not effective until so approved by the City Council.
5. Novation. This Agreement constitutes a novation and supersedes all other contracts and
understandings previously made between the City and the Greater Corpus Christi Business Alliance.
6. Term. The term of this Agreement shall commence as of August 1, 2004, and it shall
continue until July 31, 2005, subject to earlier termination as provided herein, and subject to renewal
automatically on an annual basis thereafter.
M~y Kay FischefiConsulting Services
7. Terminnlion. Either party may terminate this Agreement at any time for any reason by
giving one year's prior written notice to the other party.
8. Change of Name. Contractor specifically reserves the right to change its name as a corporate
entity and do business under one or more assumed names in compliance with the laws of the State of
Texas. No such change of name or use of additional names shall be deemed a modification of this
Agreement.
9. Equal Ooportunity Employer. Contractor agrees to abide by the equal opportunity
requirements of the City for its contractors and shall: (a) treat all applicants and employees without
discrimination as to race, color, religion, sex. national origin or disability; and (b) identify itself as an
"equal opportunity employer" in all help-wanted advertising or requests.
10. Notices. All notices, requests or other communications related to this Agreement shall be
made in writing and may be gqven by: (a) depositing same in the United States mail, postage prepaid,
certified, return receipt ~'xtuested, addressed as set forth in this paragraph; or (b) delivering the same to
the party to be notified. Notice given in accordance with (a) hereof shall be effective upon deposit in the
United S~ates mail. The notice addresses of the pasties shall, until changed as provided herein, be as
follows:
City:
City of Corpus Christi, Texas
1201 Leopard Street
P.O. Box 9277
Corpus Christi, Texas 78469
Attn: City Manager
Contractor:
Corpus Christi Regional Economic
Development Corporation
1201 Shoreline Drive
P.O. Box 640
Corpus Christi, Texas 78403
Attn: President
11. Severability, If for any reason any section, paragraph, subdivision, clause, phrase, word or
provision of this Agreement shall be held invalid or unconstitutional by fmal judgment of a court of
competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word
or provision of this Agreement, for it is the definite intent of the parties that every section, paragraph,
subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose.
12. Lawful Service. The parties mutually agree that the services provided under this
Agreement are lawfully authorized services which the City is purchasing fi-om Contractor.
13. Modifications and Counterl~arts. No amendments, modifications or other changes to ~his
Agreement shall be valid or effective absent the written agreement of the parties. This Agreement may be
executed in one or more counterparts, each of which shall be deemed an original and all of which shall
constitute but one and the same instrument.
EXECUTED on the dates indicated below but effective as of the 12th day October, 2004.
MaD, Kay Fi$cher~Consuldng Services
CORPUS CHRISTI REGIONAL ECONOMIC
DEVELOPMENT CORPORATION
By:
Chairman of the Board
CITYOF CORPUS CHRISTI, TEXAS
By:
George lC Noe
City Manager
ATTEST:
By:
City Secretary
APPROVED AS TO LEGAL FORM:
This ~ day of t~ , 2004.
Mary Kay Fischer, City Attorney
Date:
Date:
Mary, Kay Fischer~onsulting Services
13
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM: Presentation on an alternative site for the skate park.
STAFF PRESENTER(S):
Name
1. N/A
2.
3.
Title/Position
Department
OUTSIDE PRESENTER(S):
Name
Lavonne Garrison
Title/Position Organization
Jr. League of Corpus Christi
ISSUE: N/A
BACKGROUND:
On April 27, 2004, a motion was passed by the City Council that authorized the City
Manager, orthe City Manager's designee, to enter into an agreement with the Junior
League of Corpus Christi, Inc. to provide two $50,000 annual payments for the
design and construction of a skate park in Corpus Chdsti, Texas.
REQUIRED COUNCIL ACTION: N/A
Additional Background []
,?
SkatePark
SkatePark
· SkatePark is a s~gnature project of The Junior
League of Corpus Christi.
· ]:n April 2003, The Junior League voted to build
SkatePark and gift it to the Boys and Girls Club
upon completion for their continuing operation.
· For over a year, our committee has diligently
researched many aspects of this project.
· We held a Speak Out forum for skaters to gain
their feedback on what they want in a park to
make it successful and utilized.
Street Scene
Bowl
Bowl
1
2
3
4
5 ;
6
7 -
A [] C D
E F G H I J K L
M
. -
'~'~.,',~..~.' '~.~,~ ~::. .
-~,'.,;,~4 ::~
" . ~ .:7
N O P
+
~0'
I I
12-
13-
14-
15-
:-,,- 75'
NOTE: ALL ELEVATIONS RELATIVE TO BOWL
DECK HEIGHT (100' ASSUMED)
SPOT ELEVATIONS
GRID SQUARES - 10' x 10'
· People of all ages and ethnic backgrounds skate.
· Skating is a tourist attraction. People travel to
skate parks as some people travel to windsurf or
sail.
· BMX bikers also utilize skate parks.
· The Velocity Games have enjoyed tremendous
growth and success in Corpus Christi as well as
other regions in the US. You can watch skating
competitions on ESPN, and skate parks are
being built across the country.
· Based on numerous factors we have
learned in the past two years, the
growing interest in skat. ing calls for us
to re-consider the location of
SkatePark.
· While the Boys and Girls Club
provides needed services, their
location on Greenwood Drive may
limit the utilization by adults, tourists,
and members of the community.
· The Boys and Girls Club would need
to charge admission and limit the
hours of operation as well as carry
liability insurance.
The overwhelming majority of skate
parks across the country are free to
the public and have open accessibility
- meaning there is a posted set of
rules and you skate at your own risk.
Sample of Rules
This facility is not supervised -use it at your own risk!
Please do not take risks beyond your abilities. Children
who are too young to recognize the risks associated
with using this facility should be supervised by an adult.
· Helmets are REQUIRED by Spokane Municipal Code
Chapter 10.17.
· No graffiti, tagging, stickers or marking surfaces in any
manner.
· No glass containers or objects in skatepark.
· Bicycle pegs must be approved for skateparks to avoid
damage.
· No possession or consumption of alcohol allowed.
· No motor vehicles in park.
· No littering.
· Skatepark is closed 10:00 pm to 5:00 am Standard
Time, 11:00 pm to 4:00 am Daylight savings time.
Spokane, WA- 12,000 sq ft
Edina, MN - 16,000 sq ft
KidsPlace
~ncredible.success
and is featured,~,
'i
the~
· Upon completion of the park, we
would gift it to the City just like
KidsPlace, and the City has municipal
immunity, whereby they would not
have the liability insurance issue
faced by the Boys and Girls Club.
This project would be very
similar to KidsPlace in that we
raise the money, build the
project, and gift it to the City of
Corpus Christi for future
operation.
Maintenance
I
14
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM: Crime Control and Prevention District Quarterly Project Update
STAFF PRESENTER(S):
Name
1. Bryan Smith
2.
TitlelPoslflon
Commander
Department
Police
OUTSIDE PRESENTER(S):
Name
1. Linda Bridges
Title/Position Organization
Chairman Crime Control and Prevention
District Board of Directors
ISSUE: The Cdme Control and Prevention District Board gives quarterly project
updates to the City Council.
BACKGROUND: The status of cun'ent projects will be reviewed.
REQUIRED COUNCIL ACTION: None
Chief of Police
15
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM: Council Update on remaining Bond Issue 2000 Projects
STAFF PRESENTER(S):
Name
1. George K. Noe
2. 'Angel R. Escobar, P.E,
TltlelPosition
City Manager
Director
Del~artment
Engineering Svcs.
OUTSIDE PRESENTER(S):
Name
1. N/A
Title/Position
Or.qanization
ISSUE:
This is a Council requested update on remaining Bond Issue 2000 Projects.
BACKGROUND: Work is rapidly progressing on several remaining Bond Issue
2000 projects. The construction progress for several of these projects is requiring
traffic rerouting and may prove to be of temporary inconvenience to the public in
several locations across town. This presentation will inform the City Council and
public of the current statt~s of these major improvements projects. Details will
include construction sequencing, traffic control planning, and estimated completion
times for all remaining Bond Issue 2000 projects.
REQUIRED COUNCIL ACTION:
None Required
(Department Head Signature)
16
AGENDA MEMORANDUM
DATE: October 12, 2004
SUBJECT: Street Assessments on CDBG Funded Projects
AGENDA ITEM:
Ordinance
· Repealing Ordinance No. 024703 which imposes Assessments and Fixes Liens on
Property Abutting Improvements for Southmoreland Addition Street Phase 3a - Lewis
Street Between Richard and Clemmer & 4a - Ramsey Street between Brawner
Parkway and Norton Street; Repealing Portions of Resolution No. 024623 Which
Determines the Necess~ for and Ordedng the Improvements to Southmoreland
Addition Street Phase 3a - Lewis Street Between Richard and Clemmer & 4a -
Ramsey Street Between Brawner Parkway and Norton Street and Which Imposes
Assessments and Directs Filing of Proposed Assessments; Repealing Portions of
Resolution No. 024624 giving notice of Proposed Assessments;
Repealing Ordinance 024288 which imposes Assessments and Fixes Liens on Property
Abutting Improvements for Omaha Ddve- IH 37 to Leopard Street; Repealing Portions
of Resolution No. 024246 which determines the Necessity For And Ordedng The
Improvements To Omaha Drive - Ih 37 to Leopard Street and Which Imposes
Assessments and Directs Filing of Proposed Assessments; Repealing Portions of
Resolution No. 024247 giving notice of Proposed Assessments;
Repealing Ordinance 024729 which imposes Assessments And Fixes Liens On
Property Abutting Improvements for Hampshire Road From State Highway 358 to
Mcbdde Lane; Repealing Portions of Resolution No. 024625 which Determines the
Necessity for and Ordering the Improvements to Hampshire Road from State Highway
358 to Mcbdde Lane and Which imposes Assessments and Directs Filing of Proposed
Assessments; Repealing Portions of Resolution No. 024626 giving notice of Proposed
Assessments;
Repealing Ordinance 024927 which imposes Assessments and Fixes Liens on Property
Abutting Improvements for Flour Bluff Area Street Improvements Phase 1 (Scotland
Street - N.A.S. Ddve to Jane Street)(Webb Street - N.A.S. Ddve to Jane
Street)(Claride Street - NAS. Drive to Mounts Street)(Jane Street - Jester Street to
Cladde Street)(Mounts Street- Claride Street to Lakeside Drive); Repealing Portions of
Resolution No. 024865 which Determines the Necessity for and Ordering the
Improvements to Flour Bluff Area Street Improvements Phase 1 and which Imposes
Assessments and directs filing of Proposed Assessments; Repealing portions of
Resolution No. 024864 giving notice of Proposed Assessments;
Repealing Sec 49.21 (C.li)(1)-(4) Code of Ordinances, Cit7 of Corpus Chdsti; Providing
for Refunds of all Assessments In these Projects and Release of all Assessment Liens;
and Providing for Publication; and Declaring an Emergency.
ISSUE:
HUD determined the method that was being used by the City to avoid assessing Iow
income individuals was not permitted by current regulations. They have directed the City to
cease using assessments on projects utilizing CDBG funds and to refund assessments
collected.
FUNDING: Funding is available from the Street CIP Fund.
RECOMMENDATION: Staff recommends approval of the oridinance as presented.
Angel R. Escobar, P. E.,
Additional Sul~l~ort Material:
Exhibit "A" Background Information
Director of Engineering Services
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
SUBJECT: Street Assessments on CDBG Funded Projects
BACKGROUND: The City of Corpus Christi assesses property owners a portion of the cost
of sidewalks, ddveway aprons, street pavement, and curb and gutter on street projects. The
amount of the assessment reflects only a small percentage of the actual construction cost.
The City has historically paid the assessments of Iow income property owners with
Community Development Block Grant (CDBG) funds on CDBG projects. This methodology
was known to HUD which had previously allowed the practice.
A letter was received from HUD directing that the City should cease assessments involving
CDBG funds in June of 2002. A review indicates the City needs to repeal four ordinances
affecting five projects. All of the assessments occurred between November 15, 2000 and
June 25, 2002. The City did not finalize any assessments and ceased the practice after June
2002. The ordinance also provides for the repeal of associated resolutions and ordinance
providing for the method of assessment for CDBG funded projects.
The projects and ordinances to be repealed are:
· Flour Bluff Area Street Improvements, Phase 1 - Ordinance No. 024927 (June
25, 20O2)
Scotland Street- N.A.S. Drive to Jane Street
Webb Street - N.A.S. Drive to Jane Street
Claride Street - N.A.S. Ddve to Mounts Street
Jane Street - Jester Street to Claride Street
Mounts Street - Clafide Street to Lakeside Drive
· Hampshire Drive Improvements - Ordinance No. 024729 (December 6, 2001)
Hampshire Road - S.H. 358 to McBride Lane
· Omaha Ddve Improvements - Ordinance No. 024288 (November 15, 2000)
Omaha Ddve - I.H. 37 to Leopard Street
· Southmoreland Addition Street Improvements, Phases 3A - Ordinance No.
024703 (December 6, 2001)
Lewis Street Between Richard and Clemmer
· Southmoreland Addition Street Improvements, Phase 4A - Ordinance No.
024703 (December 6, 2001)
Ramsey Street between Brawner Parkway and Norton Street
Payment has been received for only nine assessments totaling $21,073.81. The ordinance
will release all liens and refund all payments received without interest.
FUNDING: Funds are available from the Street CIP Fund.
Exhibit A
H:'~IOME'~EVINS'~GEN~STREETS\CDBGV~,ssessrnenIs~BKG.doc Page 1 o[ 1
ORDINANCE
REPEALING ORDINANCE NO. 024703 WHICH IMPOSES ASSESSMENTS
AND FIXES LIENS ON PROPERTY ABUTTING IMPROVEMENTS FOR
SOUTHMORELAND ADDITION STREET PHASE 3A - LEWIS STREET
BETWEEN RICHARD AND CLEMMER & 4A - RAMSEY STREET BETWEEN
BRAWNER PARKWAY AND NORTON STREET; REPEALING PORTIONS OF
RESOLUTION NO. 024623 WHICH DETERMINES THE NECESSITY FOR
AND ORDERING THE IMPROVEMENTS TO SOUTHMORELAND ADDITION
STREET PHASE 3A - LEVVIS STREET BETWEEN RICHARD AND CLEMMER
& 4A - RAMSEY STREET BETWEEN BRAWNER PARKWAY AND NORTON
STREET AND WHICH IMPOSES ASSESSMENTS AND DIRECTS FILING OF
PROPOSED ASSESSMENTS; REPEALING PORTIONS OF RESOLUTION
NO. 024624 GIVING NOTICE OF PROPOSED ASSESSMENTS;
REPEALING ORDINANCE 024288 WHICH IMPOSES ASSESSMENTS AND
FIXES LIENS ON PROPERTY ABUTTING IMPROVEMENTS FOR OMAHA
DRIVE - IH 37 TO LEOPARD STREET; REPEALING PORTIONS OF
RESOLUTION NO. 024246 WHICH DETERMINES THE NECESSITY FOR
AND ORDERING THE IMPROVEMENTS TO OMAHA DRIVE - IH 37 TO
LEOPARD STREET AND WHICH IMPOSES ASSESSMENTS AND DIRECTS
FILING OF PROPOSED ASSESSMENTS; REPEALING PORTIONS OF
RESOLUTION NO. 024247 GIVING NOTICE OF PROPOSED ASSESSMENTS;
REPEALING ORDINANCE 024729 WHICH IMPOSES ASSESSMENTS AND
FIXES LIENS ON PROPERTY ABUTTING IMPROVEMENTS FOR
HAMPSHIRE ROAD FROM STATE HIGHWAY 358 TO MCBRIDE LANE;
REPEALING PORTIONS OF RESOLUTION NO. 024625 WHICH
DETERMINES THE NECESSITY FOR AND ORDERING THE IMPROVEMENTS
TO HAMPSHIRE ROAD FROM STATE HIGHWAY 358 TO MCBRIDE LANE
AND WHICH IMPOSES ASSESSMENTS AND DIRECTS FILING OF
PROPOSED ASSESSMENTS; REPEALING PORTIONS OF RESOLUTION
NO. 024626 GIVING NOTICE OF PROPOSED ASSESSMENTS;
REPEALING ORDINANCE 024927 WHICH IMPOSES ASSESSMENTS AND
FIXES LIENS ON PROPERTY ABUTFING IMPROVEMENTS FOR FLOUR
BLUFF AREA STREET IMPROVEMENTS PHASE I (SCOTLAND STREET -
N.A.S. DRIVE TO JANE STREET)(WEBB STREET - N.A.S. DRIVE TO JANE
STREET)(CLARIDE STREET - N./~S. DRIVE TO MOUNTS STREET)(JANE
STREET - JESTER STREET TO CLARIDE STREET)(MOUNTS STREET -
CLARIDE STREET TO LAKESIDE DRIVE); REPEALING PORTIONS OF
RESOLUTION NO. 024865 WHICH DETERMINES THE NECESSITY FOR
AND ORDERING THE IMPROVEMENTS TO FLOUR BLUFF AREA STREET
IMPROVEMENTS PHASE I AND WHICH IMPOSES ASSESSMENTS AND
DIRECTS FILING OF PROPOSED ASSESSMENTS; REPEALING PORTIONS
OF RESOLUTION NO. 024864 GIVING NOTICE OF PROPOSED
ASSESSMENTS;
REPEALING SEC 49.21(C.11)(1)-(4) CODE OF ORDINANCES, CITY OF
CORPUS CHRISTI;
PROVIDING FOR REFUNDS OF ALL ASSESSMENTSIN THESE PROJECTS
AND RELEASE OF ALL ASSESSMENT LIENS; AND DECLARING AN
EMERGENCY.
John~hxIReso\O~[Repea]O~ Repealing Improvements Ila 1
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRIST], TEXAS:
WHEREAS, the City passed assessment ordinances and resolutions on the above-mentioned
Communily Development Block Grant Funded Projects as it had done on numerous CDBG
Funded Projects over the past many years; and
WHEREAS, the City normally notifies all property owners that grants are available to qualified
iow and moderate income families to pay for street improvement assessments, Code of
Ordinances, City of Corpus Chdsti, Section 49-21 (C.IIX1)-(4); and
WHEREAS, the U.S. Department o[ Housing and Urban Development (HUD) has informed the
City that assessing iow to moderate income residents in eligible Community Development Block
Grant (CDBG) census tracts is not authorized by HUD regulations; and
WHEREAS, the assessments on the above-mentioned CDBG funded projects occurred prior to
or dudng the time frame ot the above determination of HUD and these assessments should be
repealed; and
WHEREAS, Section 49-21(C IIX1)-(4), Code of Ordinances, City of Corpus Chdsti, contains the
policy for CDBG assessments and grants and should be repealed,
NOW THEREFORE:
Southmoreland Addition Street Phase 3A - Lewis Street be(ween Richard and Clemmer & 4A -
Rarnsey Sb'eet between Brawner Parkway and Notion Street
SECTION 1. That Ordinance 024703, passed on December 11, 2001, which imposes
assessments and fixes liens on property abutting improvements for Southmoreland Addition
Street Improvements Phase 3A - Lewis Street between Richard and Clemmer & 4A - Ramsey
Street be(ween Brawner Parkway and Norton SITeet is hereby repealed.
SECT]ON 2. That the perlJon o[ Resolution No. 024623, passed on October 16. 2001, which
imposes assessments and directs filing of proposed assessments is hereby repealed.
SECTION 3. That the portion of Resolution No. 024624, passed on October 16, 2001, giving
nolJce of proposed assessments is hereby repealed.
Omaha Ddve - IH 37 to Leopard Street
SECTION 4. That Ordinance 024288, passed on November 21, 2000, which imposes
assessments and fixes liens on property abutting improvements for Omaha Ddve - IH 37 to
Leopard Street is hereby repealed.
SECTION 5. That the portion Resolution No. 024246, passed on October 10, 2000, which
imposes assessments and directs filing of proposed assessments is hereby repealed.
SECTION 6. That the portion of Resolution No. 024247, passed on October 10, 2000, giving
notice of proposed assessments is hereby repealed.
HamPshire Road from State Hiqhway 358 to McBdde Lane
SECTION 7. That Ordinance 024729, passed on January 8, 2002, which imposes assessments
and fixes liens on property abutting improvements for Hampshire Road from State Highway 358
to McBdde Lane,is hereby repealed.
SECTION 8. That the portion o[ ResolulJon No. 024625, passed on October 16, 2001, which
imposes assessments and directs filing of proposed assessments is hereby repealed.
SECTION 9. That the portion of Resolution No. 024826, passed on October 16, 2001, giving
notice of proposed assessments is hereby repealed.
Flour Bluff Area Street Improvements Phase I (ScoUand Street - N.A.$. to Jane Street){Webb
Street - N.A.S, Ddve to Jane Street){Cladde Street - N.A.S. Ddve to Mounts Street~Jane
Street - Jester Street to Cladde StreetXMounts Street - Cladde Street to Lakeside Ddve)
SECTION 10. That Ordinance 024927, passed on June 20, 2002, which imposes assessments
and fixes liens on property abutting improvements for Flour Bluff Area Street Improvements
Phase I (Scotland Street - N.A.S. to Jane Street)(VVebb St]'eet - N.A.S. Ddve to Jane
Street){Cladde Street - N.A.S. Drive to Mounts StreetXJane Street - Jester Street to Cladde
Street)(Mounts Street - Cladde Street to Lakeside Drive) is hereby repealed.
SECTION 11. That the portion of Resolution No. 024865, passed on May 14, 2002, which
imposes assessments and directs filing of proposed assessments is hereby repealed.
SECTION 12. That the portion of Resolution No. 024864, passed on May 14, 2002, giving
notice of proposed assessments is hereby repealed.
SECTION 13. That Section 49.21(C_11X1)-(4) Code of Ordinances, City of Corpus Christi, is
hereby repealed.
SECTION 14. That the City Manager or his designee is hereby authorized to refund without
interest any and all assessments related to these projects.
SECTION 15. This ordinance releases all liens created by the repealed ordinances and
resolulJons. The City Secretary shall record a certified copy of this ordinance in the Nueces
County Real Property Records.
SECTION 16. That personal liability for payment of any of the above menfioned liens against
any owner of exempt properly is hereby released.
SECTION 17. That the preliminary and/or final assessment rolls on all projects mentioned
above are hereby repealed in their entirety and are without any force or effect.
SECTION 18. That upon whtten request of the Mayor or five Council members, copy attached,
to find and declare an emergency due to the need for the efficient and effective administration of
City affairs, such finding of an emergency is made and declared requiring suspension of the
Charter rule as to consideration and voting upon ordinances at three regular meetings so that
this ordinance is passed and shall take effect upon first reading as an emergency measure this
the day of October, 2004.
Al-rEST:
Armando Chapa
City Secretary
APPROVED:
Samuel L. Neal
Mayor, City of Corpus Chdsti
__ DAY OF OCTOBER, 2004.
MARY I~Y~SCHER, CITY A'I-I'ORNEY
(J.~lh? P. Burke, Jr.
"'Assistant City Attorney
John\OrdRrso\OrdRe~ealOrd Rep~lmg Improvements lla 3
Corpus Chdsti, Texas
Day of ,2004
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Chdsti, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: I/we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, Respectfully,
Samuel L. Neal, Mayor
City of Corpus Chdsti
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenem
Melody Cooper
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
John\On:lReso\OlxlRepe~lOrd Rep~lmg lmprovemenL~.lla 4
17
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: October 12, 2004
AGENDA ITEM:
Ordinance amending the Code of Ordinances Section 33-117 Permit Fees by
revising the fee structure for recognized Non-Profit organizations, providing for
severance; providing for publication; and declaring an emergency.
ISSUE:
Recent adoption of the 2004-2005 Budget for the City el= Corpus Christi included
revenue in the amount of $6,500 that is to be generated from the issuance of a new
Dance Hall permit fee. In order to minimize the impact to the vadous non-profit
organizations that operate and are reliant on the revenue produced through the
operation of hall rentals; staff proposes amending the Code of Ordinances Section 33-
117 by revising the fee structure for recognized non-profit organizations.
Staff proposes a reduction to $50 for the permit fee and renewal fee for a recognized
non-profit organization. In addition, staff proposes the transfer fee from a non-profit to a
for-profit set at $500.00.
REQUIRED COUNCIL ACTION:
Adoption of the ordinance to amend The City of Corpus Chdsti Code of Ordinances
Section 33-117 to reduce the Dance Hall permit fee assessed to legally classified non-
profit organizations under Internal Revenue Service regulations to $50 for new pen'nits
and permit transfers; and the transfer fee from a non-profit to a for-profit set at $500.00.
PREVIOUS COUNCIL ACTION:
July 27, 2004--Adoption of the FY 2004-2005 Budget
FUNDING:
N/A
CONCLUSION AND RECOMMENDATION:
Staff recommends passage of the ordinance amending the Code of Ordinances Section 33-
117 to reduce the Dance Hall pen'nit fee and permit transfer fee for legally classified non-
profit organizations as classified under the Internal Revenue Service regulations.
Director of De. yj~e~ment Services
Attachments: ORDINANCE
BACKGROUND INFORMATION
Additional Information:
The Corpus Christi City Council recently approved the 2004-2005 budget which included a
variety of new fees, among them a $500 per year lee for dance hall permits. While this fee is not
new to other cities, it is new to Corpus Christi_ It is expected to generate $6,500 in FY 04-05.
A recent survey o1: Texas cities indicates several cities currently impose a dance hall permit fee
ranging from twenty ($20) dollars to I:ourteen hundred ($1,400) dollars a year.
The lowest permit fee of $20 was charged in Odessa, a city with a population of 94,000. The
highest permit fee of $1,400 was charged in Dallas, a city with a population of approximately 1.2
million. Corpus Chdstl ranks in the middle with a fee of $500 and a city population of
approximately 277,000.
The City has also taken into consideration the impact to the vadous non-profit organizations that
operate and are reliant on lhe revenue produced through the operation of hall rentals.
As a result the City has opted to reduce the permit fee and permit b-ansfer fee for non-profit
organizations that operate and are legally classit~ed under Intemal Service Regulations. These
organizations will be assessed a 10% or $50 ol~ the regular permit price.
It is the City's goal to maintain the intent orthe ordinance while also limiting the adverse impact
to qualified organizations.
Various reasons exist for the implementation of a dance hall permit fee. They include:
To provide a mechanism for inspections by the Police Department, Health
Department, Fire Department, Code Compliance, and Building Inspections to ensure
compliance with the law.
2. To prevent dance halls in locations that will have a dethmental effect on nearby
property, public safety, or welfare.
3. To provide a mechanism to revoke dance hall permits when criminal acts are
knowingly committed on the premises.
4. To provide a mechanism for the ordedy annual review of dance hall operations, to
ensure that standards for dance hall licensure are met.
To identify and register dance hall owners and supervisors with Corpus Christi Police
Department who are required to be on the premises prior to, dudng, and after dance
hall events.
Staff feels this new permitting requirement will positively a['fec/owners and patrons of dance
halls allowing for mechanisms to protect the public safety and welfare of the citizens of Corpus
Christi
AN ORDINANCE
AMENDING THE CODE OF ORDINANCES SECTION 33-1t7
PERMIT FEES BY REVISING THE FEE STRUCTURE FOR
RECOGNIZED NON-PROFIT ORGANIZATIONS, PROVIDING
FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. Section 33-117, Permit fees, is revised to read as follows:
Sec. 33-117. Permit fees.
Before any perTnit for a dance hall shall be issued by the City, the person
applying for the permit shall pay to the City the fees that are established by the
city council as part of the City's annual budget. These fees may include an
application fee to cover the costs associated with processing the application in
addition to an annual permit fee, which is presently set at $500.00. Transfer and
renewal fees are also set at $500.00. The i~ermit fee and renewal fee for a
reco(Inized non-l~rof'it orqanization is set at $50.00_ Transfer fees from a non-
@rofit to another non-I~rof'it is set at $50.00 with the transfer fee from a non-profit
to a for-profit set at $500.00.
SECTION 2. If for any reason any section, paragraph, subdivision, clause,
phrase, word or provision of this ordinance shall be held invalid or
unconstitutional by final judgment of a court of competent jurisdiction, it shall not
affect any other section, paragraph, subdivision, clause, phrase, word or
provision of this ordinance, for it is the definite intent of this City Council that
every section, paragraph, subdivision, clause, phrase, word or provision hereof
be given full force and effect for its purpose.
SECTION 3. 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 Chdsfi.
SECTION 4. 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
nccd for immediate ac'don 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
12th day of October, 2004.
H:~LEG-DIR~Joseph\Ord-DncHall-fee.doc
A'I'rEST: THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
Approved ~?~-~,~- t ,2004
BY: Joseph a~mey ~--",,~
Assistant City Attorney
For City Attomey
H:~EG-DIRUoseph\Ord-DncHall-fee.doc
Corpus Chdsti, Texas
day of ,2004
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an
emergency exists requiring suspension of the Charter rule as to consideration
and voting upon ordinances at two regular meetings: I/VVe, 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 ChdstJ
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
H:~EG-DIR~Ioseph\Ord-DncHall-fee.doc
18
CITY COUNCIL
AGENDA MEMORANDUM
October 12, 2004
AGENDA ITEM: Ordinance amending Chapter 49 of the City of Corpus Chdsti Code
of Ordinances by adopting new Article VII and amending Article IV, Section 49, relating
to the requirement that all pipelines in the City rights-of-way and in City-owned property
be licensed or otherwise authorized by the city; establishing procedures for the
application for and granting of licenses; establishing the charges for the use of City
rights-of-way and City-owned property by authorized and unauthorized pipelines;
providing for protection of City rights-of-way and City-owned properties and interests;
reserving the City's claims for pdor occupation of public property by pipelines; providing
for related matters; and other provisions related to the subject matter of this ordinance;
providing an effective date; providing for penalties; providing for reservation of civil
remedies; providing for severance; and providing for publication.
ISSUE: Adoption of ordinance requiring annual payment for pipelines occupying the
City's rights-of-way, utility easements, and other City owned property and facilities, The
adoption of the proposed ordinance will entitle the City to collect $445,894 from
Gulfterra Energy Partners, L.P., under the settlement agreement approved by the City
Council by Ordinance # 025605, on December 16, 2003.
REQUIRED COUNCIL ACTION: Adoption of ordinance as submitted.
PREVIOUS COUNCIL ACTION: In 1996, the City of San Benito filed a class action
lawsuit against certain pipeline companies for unauthorized use of cities' public dghts of
way. About 100 cities were within the class, including Corpus Chdsti. A settlement was
proposed in 1999, which included a cash settlement to each city and a grant to the
company of a 25-year consent agreement. Corpus Chdsti opted out of the settlement,
believing it to be inadequate in several respects. Since then the City has settled its
lawsuit with the pipeline company (now Gulfterra Energy Partners, L.P. after several
ownership changes). The City Council approved the settlement agreement by
Ordinance # 025605, on December 16, 2003.
RECOMMENDATION: Approval of ordinance as submitted.
City Attomey
BACKGROUNDINFORMATION
The settlement agreement with Gulfterra has the following pdmary elements:
1. In consideration of settlement of past claims and the granting of a License
Agreement to use rights-of-way and certain city property in the future, Gulfterra would
pay the City:
a. $3,000,000 pdor to approval of the agreement by Council;
b. Annual street rental payments of $1.25 per linear foot of pipe in City rights-of-
way and property and $500 per street crossing. Initially, this would be $222,947
annually. The linear foot portion will be subject to CPI adjustment.
2. City released Gulfterra and its predecessors from pdor claims.
3. The term of the agreement is 10 years, commencing October 1,2002. Gulfterra was
given the dght to be re-licensed for one additional 10-year term on terms not
unreasonably different from the least restrictive terms contained in a license agreement
with any other pipeline company.
4. Tw~ annual payments, for October 1,2002, and October 1,2003, become due upon
approval of the License agreement, in the amount of $222,947 for each year. However,
payment of these was deferred until the City adopts an ordinance applying uniform
charges to other pipelines. This is the subject agenda item.
5. The annual fee for Gulfterra is subject to provisions for uniformity of charges for
similar pipelines. Effective 12 months from approval of the License Agreement;
Gulfterra's annual payments will be reduced if other pipelines are not being effectively
charged, according to a formula. Also, if the City were to adopt an ordinance
prescribing a lesser charge than the License Agreement; or if the City were to grant
another pipeline a license with a lesser charge Gulfterra would get the benefit of the
lesser charge. The charges would also be subject to a change-of-law provision.
6. Consent was given to Gulfterra under applicable city ordinance to sell gas in the City
to Large Volume Customers beyond capacity of the City's distribution system and to
transport gas consistent with its status as a common carder and as an entity regulated
by Railroad Commission Rules. The grant of the transportation dght required the
adoption of an ordinance amendment to assure that a seller of gas must get City
consent before serving customers in the City limits. The ordinance was adopted by the
City Council by Ordinance # 025606, on December 16, 2003.
7. Other provisions include measures to protect city streets and facilities, insurance and
indemnity requirements, record-keeping, audit, etc.
ORDINANCE
AMENDING CHAPTER 49 OF THE CITY OF CORPUS CHRISTI CODE
OF ORDINANCES BY ADOPTING NEW ARTICLE VII AND AMENDING
ARTICLE IV, SECTION 49, RELATING TO THE REQUIREMENT THAT
ALL PIPELINES IN THE CITY RIGHTS-OF-WAY AND IN CITY-OWNED
PROPERTY BE LICENSED OR OTHERWISE AUTHORIZED BY THE
CITY; ESTABLISHING PROCEDURES FOR THE APPLICATION FOR
AND GRANTING OF LICENSES; ESTABLISHING THE CHARGES FOR
THE USE OF CITY RIGHTS-OF-WAY AND CITY-OWNED PROPERTY
BY AUTHORIZED AND UNAUTHORIZED PIPELINES; PROVIDING
FOR PROTECTION OF CITY RIGHTS-OF-WAY AND CITY-OWNED
PROPERTIES AND INTERESTS; RESERVING THE CITY'S CLAIMS
FOR PRIOR OCCUPATION OF PUBLIC PROPERTY BY PIPELINES;
PROVIDING FOR RELATED MATrERS; AND OTHER PROVISIONS
RELATED TO THE SUBJECT MA'I-rER OF THIS ORDINANCE;
PROVIDING AN EFFECTIVE DATE; PROVIDING FOR PENAL'nES;
PROVIDING FOR RESERVATION OF CIVIL REMEDIES; PROVIDING
FOR SEVERANCE; AND PROVIDING FOR PUBLICATION.
WHEREAS, the City of Corpus Chdsti has determined that there are numerous
pipelines in the City rights-of-way and in City-owned property;
WHEREAS, many of the existing pipelines in the City rights-of-way and in City-owned
property have not received any permission from the City to occupy these public
propedJes, nor do any adequately compensate the City for their use of these public
properties;
WHEREAS, the City has determined that the public properties used by these pipelines
have value to the City and to the pipeline owners;
WHEREAS, the City has determined the value to the City of these public properties and
has further determined that fees should be charged for the use of City rights-of-way and
City-Owned Properties by the owners of these pipelines;
WHEREAS, the City possesses authority to control its rights-of-way and other property,
and to receive fair compensation for the use of its right-of-way and other property, under
various provisions of law, including but not limited to Article 11, Section 5 of the Texas
Constitution, Article 1175 of Vemon's Texas Civil Statutes, Texas Tax Code Section
182.025, subchapters A and B of Texas Utility Code Chapter 181, and the City's
Charter,
WHEREAS, under Article IX of the Corpus Chdsti City Charter no person may be
authorized to use City rights-of-way or other public properbj without the consent of the
City pursuant to ordinance;
WHEREAS, the City has further determined that the implementation of the fees
contained in this article on a non-discriminatory and equitable basis for all pipelines that
R~208A3.d~
2
use the public properties is appropriate, and the City Council finds that the fees
established am reasonable, equitable, and non-discriminatory; and
WHEREAS, a system for administering the use of City rights-of-way and City-owned
property is necessary and appropriate;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CI'I'Y OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. Chapter 49, Code of Ordinances, is amended by adding a new Article VII,
Charges for Use of Rights-of-way by pipelines, to read as follows:
"CHAPTER 49 STREETS AND SIDEWALKS
"Article VII. Charges for Usa of Rights-of-way by pipelines
"Sec. 49-91. Definitions.
'q-he follow~ng terms, when used in this a~cle, have the meanings ascribed to them by
this Section:
"Abandon or abandonment or abandoned means permanently removed from
service under the definition of "abandoned" in the Cede of Federal Regulations,
49 C.F.R §192.3, and includes the process defined in the Code of Federal
Regulations, 49 CF.R. §192.727, by which a pipeline owner or operator can
conduct abandonment activities of its pipeline or a section of its pipeline.
"City-ownedpropen'y means any real property and its fixtures, other than City
rights-of-way, owned in fee, leased, controlled, held in trust, or othenmse
possessed by the City within the corporate boundaries of the City.
"City-owned facilities means all streets, curbs, sidewalks, water facilities,
wastewater facilities, gas facilities, storm water facilities, park, airpod, landfill,
and other facilities owned, maintained, or controlled by the City.
"City rights-of-way means any water, wastewater, gas, storm water drainage, or
other public utility easement, street, road, avenue, highway, freeway, toll road,
bddge, alley, boulevard, sidewalk, lane, drive, circle, or canal, currently owned or
controlled by, and/or located within or which may in the future be constn~cted
within or annexed into the corporate limits of, the City, including the citys
interest, if any, in all in-City portions of any federal or state highway, farm to
market road, or other rights-of-way claimed by the City.
"Crossing means any occupation of City rights-of-way (excluding public utility
easements) by pipelines that extends from one side of the rights-of-way to the
opposite side. Except as otherwise provided in this article, it is presumed that
each crossing by a pipeline includes one hundred t-n'ty (150) linear feet.
R462~A3.doc
3
"Director means the City's Director, Engineering Services (or other position
designated by the City Manager) or the Director's designee.
"Effective date means the effective date of this article, which is the date of final
passage by the City Council.
"Emergency refers to an incident that may cause an immediate threat to public
health, safety, or welfare, including an incident in which any of the following has
occurred, is occurring or is imminent:
"(i) Fire or explosion not initiated by the licensee as part of its operations,
under accepted safety practices.
"(ii) Release of an explosive gas, hazardous liquid, or chemical that could
adversely affect the environment or health of individuals, livestock,
domestic animals, and wildlife.
"(iii) Death of any person.
"(iv) Bodily harm of any person that results in loss of consciousness, the
need to assist a person from the scene of an incident or the necessity of
medical treatment in excess of first aid.
"(v) Damage to private or public property not ow3ed by the licensee in
excess of $5,000.00 in combined values.
"(vi) The rerouting of traffic or evacuation of buildings.
"Existing pipeline means a pipeline, not abandoned, in any portion of the City
rights-of-way or City-owned property as of the effective date of this article.
"Expiration date means the date on which a license granted under this article
expires.
"G.LS. means Geographic Information System.
"Ucense means a license granted by the City under the terms and provisions of
this article authorizing the licensee to occupy City rights-of-way and City-owned
property for pipelines as described in this article_
"License fee means a fee assessed by [he City on pipelines occupying City
rights-of-way or Ch.'y-owned property, under Section 49-96.
"lJcensed affiliate means a person controlling, controlled by, or under common
control with licensee, which has (or for which licensee has) agreed, in a form
approved by the City Attorney, to unconditionally assume all duties, obligations,
and liabilities of licensee under this article, without regard to the legal status of
the person.
4
"Licensee means a person, its successors and assigns, and licensed affiliates
named in a license.
"Person means an individual, a partnership (limited or general), a limited liability
corporation, a trust, a joint venture, an unincorporated organization, or other legal
entity or governmental authority.
"Pipeline or pipe means all parts of those physical facilities through which natural
gas, hazardous liquids, chemicals, water, or other liquids or gaseous substances
move in transportation, including, but not limited to, pipe, valves, and other
appurtenances attached to pipe, compressor units, metedng stations, pumping
units, regulator stations, delivery stations, terminals, holders, and fabricated
assemblies and breakout tanks.
"Sec. 49-92. License required.
"(a) No person may own, maintain, operate, acquire, construct, install, or extend a
pipeline in City rights-of-way or City-owned property except under a license granted
under this article, or through a franchise or other right granted by the City Council. The
City Manager is authorized to execute a license, substantially in the form required by
Section 49-95, with any pipeline owner. The term of the license expires at midnight on
September 30, 2012. Thereafter, the City Manager may execute licenses that expire at
10 year anniversaries of the date; i.e., on September 30, 2022, September 30, 2032,
etc. A license is granted to any pipeline company executing the form if the form is
executed by the City Manager.
"(b) A license authorizes the licensee to operate, alter, inspect, repair, replace with like
property, remove, construct, extend or abandon the licensee's pipeline within the City
rights-of-way and City-owned property as specifically described in the license. The
license only authorizes licensee to use City rights-of-way and City-owned property to
the extent specifically described in the license and as provided in this article for
extensions. The grant is limited by the nature of the City's interest in any particular City
rights-of-way or City-owned property, and does not grant an interest in any real
property, estate or interest owned by another person.
"(c) Extensions of pipeline.
"(1) Licensee has the dght to extend or enlarge its pipeline beyond the
configuration identified in its license within the City rights--of-way subject to_
compliance with Section 49-98 in this article and with Chapters 35 and 49 of the
Code of City Ordinances, and other applicable ordinances.
"(2) In the event licensee desires to extend its pipeline across City-owned
property, it must seek permission to do so from the City prior to commencing any
work or construction, which permission may be granted at the sole discretion of
the City. If the C~ is agreeable to the requested use of City-owned property, it
will grant an amendment to the license for the use, at consideration of not less
than that set for City rights-of-way in Section 49-96.
R46208A3.doc
5
"(3) In the event of an extension or enlargement, licensee is obligated to include
the additional pipe that occupies the City fights-of-way or City-owned property as
a result of any extension or enlargement, in the calculation of its annual license
fee to City under Section 49-96.
"(d) Change in pipe diameter. If licensee desires to replace any part of the pipeline that
occupies City rights-of-way or City-owned property with new equipment or pipe that has
the same or a smaller diameter than the existing pipe, it may make the improvement
subject to compliance with Section 49-98 in this article and with Chapter 35, Article VII,
Code of Ordinances, and other applicable ordinances. A replacement of an existing
pipe with new pipe of the same or smaller diameter will not result in licensee owing City
an additional license fee. However, replacement of existing pipe with larger diameter
pipe subjects licensee to increased license fees, as provided in Section 49-96.
"(e) Drainage easements and rights-of-way. If licensee desires to construct, extend, or
locate part of its pipeline in a way that it would occupy drainage easements or rights-of-
way, licensee must first seek pen~ission to use the drainage easements or fights-of-
way from the Director. All requests for use of drainage easements and rights-of-way
must be in writing and will be evaluated for approval on the basis of whether the
requested use materially interferes with the pdmary function of the subject drainage
easement or rights-of-way.
"Sec. 49.93. Application process.
"(a) Existing pipelines. All owners of existing pipelines on the effective date of this
article shall submit to the Director an application for a license by November 16, 2004.
The application must be submitted on a form provided by the City, and, to the extent the
informabon has not already been preVKted to the City under § 35-146, et. seq., Code of
Ordinances, must include the following:
"(1) Maps as required by Section 49-94.
"(2) A statement of licensee's total linear feet of pipe and number of street
crossings within City rights-of-way and City-owned property, broken down by
pipe diameter, for purposes of calculating the fees due under Section 49-96.
"(3) The business address and telephone number of the person responsible
for the operation of each existing pipeline.
"(4) The business address and telephone number of the owner of each
existing pipeline.
"(5) The telephone number of at least one emergency contact available on a
24-hour basis.
"(6) Certificates of insurance for the coverage required in this article.
"(7) The name, address, and telephone number of licensee and the names of
its licensed affiliates, if any.
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"(8) A copy of the license form authorized in Section 49-92, executed by the
authorized representative of the Applicant.
"(9) A statement as to whether the applicant is in compliance with the City's
Pipeline Safety Ordinance (Article VII, Chapter 35, Code of Ordinances).
"(10) Any other information the Director requests.
"(b) Application Fee. All applications for a license must be accompanied by payment of
a non-refundable application fee in the amount of $ 250.00.
"(c) If the application is in compliance with the terms of this article, the City Manager
may execute the tendered license.
"Sec. 49-94. Maps.
"(a) Prior to the granting of a license, licensee shall identify to the Director in writing the
posi'don of all of licensee's existing pipeline in City rights-of-way and City-owned
property. The location information must be provided using G.I.S. technology,
compatible with the City's G.I.S. software. As an alternative to using G I.S technology,
a licensee may use alignment sheets, surveys, or as-built drawings as a means to
locate its pipeline and for calculating the total number of linear feet of licensee's pipeline
that occupies City rights-of-way and City-owned property, to the extent it is the best,
presently-available information. If the initial information is not provided in G.I.S format,
licensee shall provide the required information formatted to be compatible with the City's
G.I.S. software within 180 days of the granting of the license.
"(b) Within sixty (60) days of any change to the configuration of licensee's pipeline
within City rights-of-way and C~-owned property, licensee shall file w~h the City
Engineer updated, accurate maps of licensee's pipes within City rights-of-way and City-
owned property. All maps shall be in digital format compatible with the City's G.I.S.
software, except as the information is permitted to be deferred in subsection (a) of this
section_
"(c) Within one year of the effective date, licensee shall update its maps required by this
section to identify licensee's previously abandoned pipe, not included in the pipe
reported in Sec'don 49-93(a)(1) and (2).
"Sec. 49-95. Form of license. A license must be substantially in the form set forth in
the Appendix to this article.
"Sec. 49-96. Consideration for license.
"(a) License fees. As consideration for the grant of the license, licensee shall pay the
City an annual license fee consisting of the following, adjusted as provided below:
"(1) For pipeline of six inches (6") or less outside diameter:
R46208A3.doc
"a. A sum of money representing five hundred dollars ($500.00) per
crossing per year, multiplied by the number of crossings made by
licensee's pipeline.
"b. A sum of money representing one dollar and 25/100 ($1.25) per linear
foot, multiplied by the number of linear feet of licensee's pipe located in
City rights-of-way or City-owned property.
"(2) For pipeline of diameter greater than six inches (6"):
"a. A sum of money representing five hundred dollars ($500), plus five
dollars ($5.00) for each inch or part of an inch of pipe outside diameter
over six inches (6") per crossing per year, multiplied by the number of
crossings made by licensee's pipeline.
"b. A sum of money representing one dollar and 25/100 ($1.25), plus five
cents ($0.05) for each inch or part of an inch of pipe diameter over six
inches (6") per linear foot, multiplied by the number of linear feet of
licensee's pipe located in City rights-of-way or City-owned property.
"(b) For pu[poses of calculating the number of linear feet occupied by licensee's
pipeline, it is presumed that each crossing includes one hundred fifty (150) linear feet.
The linear feet included in a crossing will not be included in the counting of linear feet
for purposes of the license fee, unless the crossing actually exceeds one hundred fifty
(150) linear feet, in which case only the linear feet actually contained in the crossing in
excess of one hundred fifty (150) feet must be counted. Each pipeline within a crossing
counts as one crossing.
"(c) The license fees in this article and charged to licensee are in the nature of
compensation for licensee's use and occupancy of l~e City fight-of-way and City-owned
property. The license fees are payable in advance each year by October 1, and
constitute payment for the annual period beginning October 1. Initial payments upon
granting of licenses must be pro-rated to October 1.
"(d) Adjustments of linear foot license fee. The linear foot and crossing fees established
in this article will be adjusted each year by the cumulative percentage increase in the
Consumer Pdce Index as described in this article, as measured from the $1.25/$500
base in effect on the effective date of this article. The Director will calculate the linear
foot license fee for each succeeding year after the effective date based on the odginal
license fee shown above adjusted by the Consumer Price Index, All Urban Consumers,
U.S. City Average -All Items (1982-84=100) ("CPI"), and provide the calculation to
licensees by Apdl 1 of each year, beginning on April 1, 2005.
"(e) Late fee. Each required annual payment must be made in advance on or before
October 1 of each year of the license. Late payments will accrue interest from October
1 to the date payment is received by the City at the rate of five percent (5%) over the
per annum rate of interest announced as the "Pdme Rate" for commercial loans as
published in the Wall Street Journal or equivalent, as selected by the Director, as of
R46208A3.doc
October 1 or each year. However, the interest rate may never exceed the maximum
lawful rate permitted by applicable law.
"(f) Pipeline extension. If licensee extends its pipeline beyond the configuration
described in its license and if any part of the extension occupies City rights-of-way or
City-owned property, then the annual license fee described in Section 49-96(a) in this
article must be adjusted accordingly. For purposes of determining when any new
occupation of City rights-of-way or City-owned property begins, licensee shall use the
date on which construction commenced or existing pipe was acquired. Any increment
to the annual license fee that results from the extension is first due to the City in the
October payment subsequent to the commencement or acquisition of the extension,
The initial payment for the increment shall be prorated to October 1. For example, if
licensee's extension adds 1000 feet of pipe to its system, 100 feet of which occupies
City rights-of-way, and the extension is commenced or acquired on March 31, 2005, the
increment to the annual license fee owed the following October would be ~ x $1.25 (as
adjusted) x 100, or $67.25, plus $250 for any additional street crossing, if any.
"(g) Pipeline reduction. If licensee sells pipe it has in City rights-of-way or under City-
owned property, then the license fee described in this Section will be reduced effective
October 1 following the date of sale in an amount equal to the fee that would have
otherwise been charged for the linear feet and crossings included in the pipe sold.
Provided, however, licensee shall furnish a copy of the transfer document to the City
and shall by contract require any third party purchaser of its pipe to obtain a license
from City for licensee's pipe to be acquired, and licensee may not close a pipeline sails
transaction with a third party purchaser until that purchaser has obtained a license from
the City. Licensee's fee may not he reduced until the third party purchaser has obtained
a license.
"(h) As used in this section, "sells" includes sale, trade, transfer, assignment, gift or
other conveyance, and ~third party purchaser" includes any person to whom the pipe is
sold, traded, transferred, assigned, given, or conveyed; provided, however, the City, if it
is the purchaser, is not required to obtain a license.
"(i) If licensee abandons or otherwise reduces the amount of pipe it has in City rights-of-
way or under City-owned property any time dudng the term of its license, then the
license fee described in this section will be reduced starting October 1 following the date
of written notification to the City in an amount equal to the fee that would have otherwise
been charged for the abandoned pipe and abandoned crossings. Licensee may leave
abandoned pipe in place, whether abandoned before or after the grant of a license
under this article, unless the Director requires licensee to remove the abandoned pipe
as the Director determines necessary to facilitate City operations or protect the public
safety. Upon notice from the Director, licensee shall promptly remove the specified
abandoned pipe, nohvithstanding expiration or termination of the license. If licensee
abandons pipe, licensee remains responsible for complying with legal abandonment
processes and for the safe condition of the facilities and appurtenances after the pipe is
abandoned, notwithstanding expiration or termination of the license. City will not
assume ownership or control over the abandoned facilities and appurtenances, and the
City assumes no responsibility for their maintenance and safety, unless the City in
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wdting accepts a particular facility. Section 49-98(e) continues to apply to any facilities
and appurtenances not removed by licensee after abandonment_ if licensee removes
pipe, the licensee shall restore the City property, at the sole cost of the licensee, under
Section 49-98(c).
"(j) Additional pipe found_ Licensee must endeavor, prior to obtaining a license, to
identify all of its non-abandoned pipe within the City, and the non-abandoned pipe must
be described in the license. If, however, additional non-abandoned licensee pipe is
Subsequently identified by the City or by licensee, which has not been identified in
licensee's license, licensee shall pay to the City the incremental amount which licensee
would have paid to the City if the additional pipe had been included in licensee's
license, plus interest from the date of the license to the date the license is modified to
include the additional pipe at the rate of five percent (5%) over the per annum rate of
interest announced as the "Pdme Rate" for commercial loans as published in the Wall
Sb'eet Journal or equivalent, as selected by the Director, as of October 1 of each year.
However, the interest rate shall never exceed the maximum lawful rate permitted by
applicable law.
"Sec. 49-97. Accounting.
"(a) Recordkeeping, Licensee shall maintain books and records sufficient to support
the calculation and payment of license fees under this article.
"(b) Audit. City may cause, upon reasonable notice, an audit to be made of the books
and records of licensee relating to licensee's performance under this article and its
license. The omission by City to exercise its dghts to any audit at any time may not
constitute a waiver of the dght. In the event that City elects to exercise its right of audit,
City will provide to licensee written notice at least five (5) business days in advance of
the audit. City will select the auditor. Licensee shall make available to the auditor
personnel and records reasonably necessary to complete the audit, and City has the
right to copy pertinent licensee records. Licensee shall answer questions and provide
records or information within fourteen (14) business days of any written request. City
will bear the cost of any audit. City and licensee shall meet and attempt in good faith to
resolve any disputed issues arising from the audit report.
"Sec. 49.98. Construction, maintenance and operations.
"(a) Costs. Licensee is solely responsible for all costs and expenses of any nature
relating to its pipeline, including but not limited to construction, installation,
maintenance, operation, and future repair of any portion of the licensee's pipeline that
occupies City rights-of-way or City-owned property dudng the term of the license.
"(b) Maintenance and construction.
"(1) Licensee's pipeline must be constructed and maintained in conformity with all
applicable federal, state, and local laws and regulations governing operations in
the City rights-of-way and City-owned property, and may not unduly (in the
opinion of the Director) interfere with traffic over streets, alleys, and sidewalks,
the flow of storm water in any gutter, drain, sewer, or open drainage system, or
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with City water, wastewater, storm water, gas utility, park, airport, landfill or other
City operations, whether the traffic, flows, or operations are existing or planned.
"(2) Licensee may not impede any City rights-of-way or any City-owned property
for longer or to a greater extent than is reasonably necessary to execute any of
its work.
"(3) "Constructed and maintained," as used in this section, includes installation,
construction, maintenance, and repair of the licensee's pipeline.
"(c) Restoration. Any portion of City rights-of-way or City-owned property disturbed by
licensee in the construction or maintenance of its pipeline must be promptly restored at
completion of the work to the same or better condition as it was in before the
commencement of the work. Should the City reasonably determine, within one year
from the date of the restoration activities, that the portion disturbed requires additional
restorative work in order to place it in its original condition, licensee shall perform the
additional restorative work to the reasonable satisfaction of the City.
"(d) City approvals.
"(1) In maintaining its pipeline, licensee may not disturb City's street pavement,
water, wastewater, gas, storm water, park, airport, landfill or other City-Owned
Facilities without first obtaining the approval of the Director, except during an
emergency. As soon as practicable after an emergency disturbance, licensee
shall provide a written report to the Director stating the nature of the emergency
and the work required to alleviate the emergency.
"(2) Before constructing extensions or new improvements, licensee shall obtain
approval of the Director to assure consistency with existing and planned City
facilities and other facilities and public safety.
"(e) Relocations. City reserves the right to construct, maintain, and modify City-owned
facilities for City operations. City will give thirty (30) days prior written notice to licensee
whenever City has determined that removal, relocation, change or alteration to the
licensee's pipeline is reasonably necessary for construction, maintenance, modification,
or operation of City-owned facilities. The amount of notice will be reasonable under the
circumstances. Upon written notice by City, licensee shall, at licensee's expense,
temporarily or permanently remove, relocate, change, or alter the position of the
affected portion of the licensee's pipeline.
"(f) Damage to City facilities. If licensee's construction or maintenance activities result
in damage to any City facilities, requiring the City to repair the City facilities, City will
invoice licensee for City's costs to make the repairs, plus 10%, and licensee shall
reimburse the invoiced amount to City within 10 days of the date of invoice.
"Sec. 49.99. Insurance.
"Licensee shall (or require its contractors to) provide and maintain insurance, at its own
expense, with companies admitted to do business in Texas, in the type and amounts for
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the term of the license as may be required by the City's Risk Manager under § 17-15(b),
City Code.
"Sec. 49-'100. Termination.
"(a) A license issued under this article may, at the option of the City, terminate upon the
occurrence of any one or more of the events described below (collectively referred to in
this article as "events of termination"). In the event of occurrences under paragraphs
(1), (4), or (5) of this subsection affecting only a portion of licensee's pipeline, the CH
may choose to apply these termination provisions to only those affected portions of the
pipeline. Each event of termination is a separate and independent basis for termination
of the license (or application of each event of termination to the affected pipeline or
portion of an affected pipeline, as applicable). The events of termination are as follows:
"(1) The City Council, in its legislative discretion, determines that the existence or
operation of a pipeline, or any part of a pipeline, in the City right-of-way or City-
owned property constitutes a hazard, nuisance, or other threat to the public
health, safety, or weffare. Termination under this paragraph must be by
ordinance and become effective after licensee has been given one hundred
eighty (180) days' notice of the termination, unless circumstances comprising an
emergency warrant more immediate termination.
"(2) Licensee fails to timely pay any of the fees in this article provided for or is
delinquent in the payment of any charges due under the license.
"(3) Licensee fails to maintain at any time the insurance as required in this article.
"(4) Licensee fails to commence or thereafter to diligently prosecute to
completion any required maintenance, repair, or other work required by this
article to be done by licensee within thirty (30) days after being notified of the
required action by the Director. In the event of an emergency, notice is deemed
given and received after telephone contact with an authorized officer or director
of licensee, and licensee shall commence the requested repairs within [wenty-
four (24) hours.
"(5) Licensee abandons the pipeline.
"(6) Ucensee fails to comply with any of the terms, conditions, or provisions of
the license or this article.
"(7) Licensee commences dissolution or some other similar proceeding that
would impair, modify, alter, extinguish, or significantly change licensee's ability to
perform licensee's obligations under the license or this article.
"(b) Upon the occurrence of an event of termination described in subsection (a)(1), the
event of termination may not be cured by licensee, and the license shall terminate in the
manner and under the applicable provision of the subsection.
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"(1) Upon the occurrence of one or more of the events of termination other than
in subsection (a)(1), the Director shall so notify the licensee in the manner
provided in the license.
"(2) After the notice, licensee shall have thirty (30) days in which to cure the
event of termination.
"(3) Should licensee fail or refuse to cure the event of termination with the thirty
(30) day time pedod prescribed, the City Manager may terminate the license;
provided that if licensee commences efforts to cure the event of termination
within thirty (30) days after receipt of the written notice and thereafter prosecutes
the efforts with reasonable diligence in the sole determination of the City until the
event of termination is cured, then the event of termination shall cease to exist
and no action to terminate the license will be taken.
"(c) Failure of the City to enforce its rights and remedies under this section with respect
to one event of termination may not operate as a waiver of the City's dght to thereafter
enforce its fights and remedies with respect to the continuing event of termination or
another event of termination. Termination of the license may not waive, release, or
satisfy any duty, covenant or obligation of licensee under this article or the license which
licensee has not fully performed as of the time of termination.
"Sec. 49-101. AssignmentJsublicensing.
"A license shall be personal to licensee. However, licensee may assign a license to
other entities provided that, prior to the assignment, it first obtains the City Manager's
written consent to the assignment. City Manager may not unreasonably withhold
consent to the licensee's request to assign its license. In the event of any transfer of
the license to a third party, all of the benefits and obligations created by a license will
inure to the benefit of and become binding upon the assignee. Notwithstanding any of
the foregoing, licensee may assign its interest in the license to any licensed affiliate
without the pdor w~it[en consent of City, but the assignment may not relieve licensee of
any of its obligations or liabilities under its license, whether accrued or unaccrued.
"Sec. 49-t02. Violation of Article.
"(a) It shall be a civil violation of this article for a person to knowingly make a matedal
misrepresentation of any information reported under this article or to own, maintain,
operate, acquire, construct, install, or extend a pipeline in C~ty-owned property or City
rights-of-way except under the provisions of this article.
"(b) A material and willful violation of any section, subsection, or part of this article is
grounds for revocation of the license.
"(c) The City will also be entitled to injunctive relief in a court of appropriate jurisdiction
to prevent violation of or to compel compliance with the provisions of this article, in
addition to all other dghts and remedies available to the City.
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"APPENDIX
"AGREEMENT GRANTING A PIPELINE LICENSE TO
UNDER ARTICLE VII, CHAPTER 49, CITY OF CORPUS CHRISTI CODE OF
ORDINANCES, GRANTING THE RIGHT TO USE CERTAIN CITY RIGHTS-OF-
WAY AND CITY-OWNED PROPERTY FOR PIPELINES THROUGH
SEPTEMBER 30, 2012.
'I/~/I-IEREAS, ("Licensee") has made application to the City of
Corpus Chdsfi, Texas ("City") for a pipeline license in order to use cedain City rights-of-way
and City-owned property for pipeline purposes, under Article VII, Chapter 49, City's Code of
Ordinances ("Article VII"); and
'INHEREAS, the City has determined that Licensee's application meets the requirements of
Article VII;
"NOW, THEREFORE, LICENSEE AND CITY HEREBY AGREE AS FOLLOWS:
"SECTION 1. Grant of License. The City grants to Licensee a license to operate, alter,
inspect, repair, replace with like property, remove, construct, extend, or abandon the
Licensee's pipeline within the City rights-of-way and City-owned property as specified and
described in Exhibit A, attached to this license and incorporated into it for all purposes. This
license is granted under and subject to Article VII, the provisions of which are incorporated in
this license and made part of this license for all purposes. The license granted commences
on execution of this license by City and Licensee, and expires at midnight on September 30,
2012, unless earlier terminated under the previsions of Article VII.
"SECTION 2. Definitions contained in Article VII apply to those terms as they are used in this
license.
"SECTION 3. Application Fee. City acknowledges receipt of Licensee's application fee of
$250.00.
"SECTION 4. License Fee. As consideration for the use of City rights-of-way and City-
owned property, Licensee shall pay the license fee as set forth in Section 49-96, City's Cede
of Ordinances.
"For the pipe described in Exhibit A, Licensee's initial license fee is calculated as follows:
"A.
Total number of linear feet of pipe in City rights-of-way and City-owned property,
with diameter of six inches (6') or less:
"B.
Total number of linear feet of pipe in City rights-of-way and City-owned properb/,
with diameter of greater than six inches (6"), identir~cl by pipe diameter:
"C.
Total number of crossings of City rights-of-way occupied by pipe with diameter of
six inches (6') or less:
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"D.
Total number of crossings of City rights-of-way occupied by pipe with diameter
greater than six inches (6"), identified by pipe diameter.
Linear foot fee = "A" times $1.25 + "B' times [$1.25 plus $0.05 for each inch,
or part of an inch, of pipe with diameter greater than six inches]: $
Crossing fee = "C" times $500 + "D" times [$500 plus $5 for each inch, or
part of an inch, of pipe with diameter greater than six inches]: $
"E. Plus CPI adjustments and late fees, if any.
"F.
Licensee's first payment under this license, in the amount of $ (linear
foot fee plus crossing fee), has been received by the City before or at the time of
execution of this license.
"SECTION 5. Recordation of License. This license will be recorded by Licensee in the
official records of real property of the county in which any of the pipelines that are the subject
of this license are located. The Licensee shall pay the recording costs. Licensee shall
provide a copy of the recorded instrument to the City_
"SECTION 6. Indemnification. By its acceptance of this license, Licensee covenants and
agrees to fully indemnify and hold harmless the City and the elected officials, employees,
officers, directors, volunteers, and representatives of the City, individually or collectively, from
and against any and all costs, claims, liens, damages, losses, expenses, fees, fines,
penalties, proceedings, actions, demands, causes of action, liability, and suits of any kind and
nature, including but not limited to, personal injury or death and property damage, made upon
the City, directly or indirectly arising out of, resulting from or related to Licensee's activities
under this license, including any acts or omissions of Licensee, and any respective agent,
officer, director, representative, employee, consultant, or sublicensee of Licensee, and their
respective officers, agents, employees, directors and representatives while in the exercise or
performance of the rights or duties under this license, all without, however, waiving any
governmental immunity available to the City under Texas law and without waiving any
defense of the parties under Texas law. The provisions of this indemnification are solely for
the benefit of the parties to this license and are not intended to create or grant any rights,
conb'actual or otherwise, to any other person or entity_ Licensee shall promptly advise the
City in writing of any claim or demand against the City or Licensee known to the Licensee
related to or arising out of Licensee's activities under this license and shall see to the
investigation and defense of the claim or demand at Licensee's cost. The City shall have the
right, at its option and at its own expense, to participate in the defense without relieving
Licensee of any of its obligations under t~is paragraph. This indemnification survives the
termination or expiration of this license.
"SECTION 7. Notices. All notices required or permitted by the terms of this license and
Article VII, are deemed sufficient if given by personal delivery, or facsimile, or by prepaid,
certified mail and addressed to each party as follows:
"Notice to City:
City Manager
City of Corpus Christi
P.O. Box 9277
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Corpus Chdsti, Texas 78469-9277
Telephone: 361 880-3220
Facsimile: 361 880-3839
"Director of Engineering Services
City of Corpus Christi
P.O. Box 9277
Corpus Chdsfi, Texas 78469-9277
Telephone: 361 880-3500
Facsimile: 361 880-3501
"For overnight delivery:
1201 Leopard Street
Corpus Christi, Texas 78401
"Or to any other addresses as may be designated in writing by the City_
"Notice to Licensee:
"Or to any other addresses as may be designated in writing by the Licensee.
"SECTION 8. Applicable law. This license must be construed under and in accordance with
the laws of the State of Texas and all obligations of the parties created under this license are
performable within the incorporated limits of the City of Corpus Chdsti, Texas.
"SECTION 9. Venue. Venue for any cause of action brought under this license shall be the
State courts of competent jurisdiction in Nueces County, Texas, unless Texas law requires a
matter to be submitted to a particular regulatory body or court outside Nueces County.
"SECTION 10. Condemnation. In the event Crty-owned property or City rights-of-way are
taken, in whole or in part, by a governmental authority other than City, atl rights created by
this license may, at the option of the City, as to the condemned real property, cease on the
date title to the land so taken or transferred vests in the condemning authority. Licensee will
not have dght to any proceeds of the condemnation. Licensee has the right to seek a
separate condemnation award. Nothing in this license may be construed to limit City's
condemnation authority.
"SECTION '11. Attorneys Fees. In the event either party brings any action under this license
alleging that the other party to this license has defaulted on or breached obligations created
by this license, the party who prevails is entitled to recover its reasonable attorneys' fees from
the losing party.
"SECTION '12. Waiver. Failure of either party to require the performance of any term in this
license or the waiver by either party of any breach of this license does not prevent
subsequent enforcement of this particular term and is not deemed a waiver of any
subsequent breach.
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"SECTION 13. Claims reserved. The City does not, by the granting of this license, waive
any claims it may have against Licensee for payments related to past occupancy of City
rights-of-way or City-owned property by Licensee's pipe, and nothing contained in this license
operates as a bar to City's actions, undertaken at City's sole discretion, to seek to recover
payment of the claims.
"SECTION 14. Compliance with other ordinances. Nothing in this license relieves
Licensee from full compliance with the City's Pipeline Safety Ordinance provisions, found in
Article VII, Chapter 35, City's Cede of Ordinances.. Nothing in this license may be construed
to grant Licensee permission, as required by Section 55-3 of the City Code, to serve natural
gas customers within the City.
"SECTION 15. Relationship of parties. This license may not be construed to create
between City and Licensee the relationship of partnership, joint venture, principal and agent,
or any relationship other than that of City and Licensee as established by the previsions of
this license and Article VII, nor may it be construed to be for the benefit of any third party
other than City and Licensee.
"EXHIBIT A
"(Description of Licensee pipeline)"
SECTION 2. Section 49-60, Cede of Ordinances, is revised to read as follows:
"Sec. 49-60. Establishment of Policy; definitions.
"(a) 1'he following is the established policy to be used by the City to establish and fix
compensation to be charged users of City fights-of-way and City-owned property for the
privilege of constructing, installing, maintaining, and operating pipelines to carry any
substance or solid, liquid, or gaseous material within the City rights-of-way or City-
owned property, and establishes a rate from which a fee is to be computed and paid to
the City for this use.
"(b) It is the policy of the City that all pipeline users of City rights-of-way and City-owned
property must have the consent of the City to occupy the City rights-of-way and City-
owned property through a license granted under Article VII of this Chapter 49 or through
a franchise or other grant by the City Council and must pay fair and reasonable
compensation for the grant.
"(c) It is also the policy of the City that if any pipeline user should occupy City rights-of-
way or City-owned property without consent, that unauthorized user must pay the
compensation prescribed in this article for the use.
"(d) For purposes of this article, the following terms shall have the meanings prescribed
in Article VII of this Chapter: "pipe," "pipeline," "abandoned," "City rights-of-way," "City-
owned property," "crossing," "effective date," and "Director."
R~208A3.d~
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"(e) This article also establishes the policy to establish and fix a fee to be charged users
for the privilege of placing monitoring and recovery wells and associated piping within
City rights-of-way.
"if) The fees in this article are found by the City Council to constitute fair and reasonable
compensation for the occupation of the City rights-of-way or City-owned property by
unauthorized pipelines and by monitoring and recovery wells.
SECTION 3. Secbons 49-62, 49-63, and 49-64 of Article IV, Chapter 49, Code of
Ordinances, are repealed. Any other ordinance in conflict with this ordinance is
repealed to the extent of the conflict.
SECTION 4. Section 49-61(b), Code of Ordinances, is redesignated as Section 49-62,
and is revised to read as follows:
"Sec. 49-62. Fees for uae of public ways by monitoring or recovery wells. The
following items shall be used in computing the right-of-way use fee:
"(1) The basic rate for the installation of each monitoring or recovery well within
the City's right-of-way is two hundred f'a'~y dollars ($250.00) for a well that is
twelve (12) inches or less in diameter and twenty (20) feet or less in depth, plus
ten dollars ($10.00) per inch of nominal diameter over and above twelve (12)
inches in diameter and ten dollars ($10.00) of depth over twenty (20) feet in
depth. This basic rate allows the monitoring or recovery well to remain in place
for up to two (2) years. The basic rate is increased by one hundred dollars
($100.00) for each additional year authorized in the permit agreement.
"(2) The basic rate charged for use of any portion of the right-of-way that will be
used for any pipelines associated with a recovery well will be charged at the
same rate as the street rate or pipelines.
"(3) Rate charges do not apply for vaults, manholes, valve boxes, or similar
appurtenances; however, the lineal foot charges as prescribed in paragraph (1)
of this section must be computed continuously through any structure along a
straight center line projected between the connection orifice(s) of a pipe in the
structure."
SECTION 5. Section 49-61, Code of Ordinances, is revised to read as follows:
"Sec. 49-61. Fees for use of public ways by unauthorized pipelines.
"ia) Unless provided differently in a license granted under Article VII of this Chapter or in
a franchise or other grant by the City Council, a person who owns or operates a pipeline
located within the City that occupies City rights-of-way or City-owned property without
authorization shall pay for the use the compensation provided in this section.
"(b) A public utility, as defined by Texas Tax Code Section 182.025(3)(A), which owns
or operates a gas or water pipeline used for local sale and distribution located within the
City, shall pay for the use of a city street, alley or public way a charge of two percent of
R~20~3.d~
18
the public utlity's gross receipts from the sale of gas or water within the City by means
of that pipeline. If the a public utility also uses City-owned property or other property not
included in the statutory scope of "city street, alley, or public way,D the public utility shall
additionally pay for the City-owned property or other property the charge prescribed in
subsections (d) and (e) of this section.
"(c) A person not a public utility, as defined by Texas Tax Code Section 182.025(3)(A),
which owns or operates a pipeline used for local sale and distribution located within the
City, shall pay for the use of City rights-of-way and City-owned property the charge
prescribed by Section 49-70 or the charge prescribed by subsections (d) and (e) of this
section, whichever is greater.
"(d) A person who owns or operates a pipeline located within City rights-of-way or City-
owned property, other than a pipeline subject to subsections (b) or (c), up to six inches
(6") in diameter (not including vaults, manholes or similar appurtenances), shall pay to
the City annually:
"(1) $1.50 per linear foot of pipe in City rights-of-way or City-owned property
(excluding street crossings); and
"(2) $550 per street crossing crossed by the pipeline.
"(3) An additional annual fee for pipelines exceeding six inches (6") in diameter of
ten cents ($. 10) per linear foot for each inch or part of an inch over six inches
plus ten dollars ($10.00) per inch or part of an inch over six inches (6') for each
street crossing.
"(e) The linear foot and street crossing amounts will be adjusted effective each
October 1, with the first adjustment October 1,2005, by the cumulative percentage
increase in the Consumer Price Index - All Urban Consumers, U. S. City Average - All
Items (1982-84=100) as measured from the $1.50/$550 in effect on the effective date.
The Director will calculate the linear footJcrossing charge for each succeeding year after
the effective date and will make the calculation available to users upon request by April
1 preceding the October 1 payment due date.
"(f) Payment of the fees required by this section must be made annually in advance
before October 1 of each year. Late payments shall accrue interest from October 1 to
the date payment is received by the City at the annual rate of 10% or the highest
allowable legal rate of interest, whichever is less. The fee for the partial year from the
effective date of this ordinance until October I shall be pro-rated, and shall be due on
the 60a day after the effective date of this ordinance. The fee for any new unauthorized
pipeline shall be pro-rated for the year of installation.
"(g) Within sixty (60) days of the effective date, owners and operators of unauthorized
pipelines subject to the fee imposed by this section shall notify the City Manager of the
number of linear feet of pipeline they own or operate within City fights-of-way and City-
owned property, the diameter of the pipelines, and the number of crossings by the
pipelines.
R46208A3.doc
19
"(h) Within sixty (60) days of the effective date, owners and operators of unauthorized
pipelines subject to the fee imposed by this section shall identify to the Director in
writing all of their pipelines in City rights-of-way and City-owned property. The location
information must be provided using G.I.S. technology compatible with the City's G.I.S.
software. As an alternative to using G.I.S. technology, the owners and operators may
use alignment sheets, surveys or as-built drawings as a means to locate their pipelines
and for calculating the total number of linear feet of the pipelines, to the extent it is the
best, presently-available information. If the initial information is not provided in G.I.S.
format, the owners and operators shall provide the required information formatted to be
compatible with the City's G.I.S. software within two hundred forty (240) days of the
effective date. VV'ithin sixty (60) days of any change to the configuration of the pipelines
within City rights-of-way and City-owned property, the owners and operators shall file
with the Director updated, accurate maps of their pipelines in City rights-of-way and
City-owned property, in digital format compatible with the City's G.I.S. software_ Within
one year of the effective date, owners and operators shall update the maps required by
this subsection to identify the location of their abandoned pipe.
"(i) Should the compensation in this article for unauthorized pipelines, or some part of
the compensation or its application to a particular situation, be held by a court of
competent jurisdiction after exhaustion of final appeals to exceed the amount that by
law may be prescribed, then, to the extent of the court's holding, the compensation is
reduced to the highest rate permitted by law to be levied by the City. The compensation
in this article remains in effect for all situations and applications not addressed in the
court's holding. Any owner or operator of a pipeline who contends that the amount
prescribed in this article ex~cds the amount that by law may be prescribed must, prior
to the October 1 due date, tender a written explanation dearly specifying the raasons
for the contention and must tender any amount of payment that is not being disputed.
"(j) This article does not authorize any person to have pipelines in City rights-of-way or
C~-owned property without the consent of the City granted or authorized by ordinance
upon the terms as the public interest may require and City retains all its legal remedies
to have unauthorized pipelines removed. Provided, however, lack of authorization may
not excuse failure to pay the fees prescribed in this article. By allowing its pipeline to
remain in City rights-of-way or City-owned property without express wr'~ten
authorization, the pipeline's owner or operator agrees to pay the compensation provided
in this sect. ion."
SEC'I'ION 6. The City Council previously directed the City Manager to provide notice of
revocation of all revocable easements, use privilege agreements, and similar rights
granted for pipelines in City rights-of-way and City-owned property consistent with the
terms of the granting instrument. The rights under any revocable easements, use
privilege agreements, or similar rights granted remain in effect until the revocation
notice requirements, if any, have been satisfied.
SECTION 7. Adoption of this ordinance does not release or waive claims of the Ch',/
against any person for occupation of City rights-of-way or other property prior to
adoption of this ordinance.
R46208A3.doc
SECTION 8. Pipelines of the City of Corpus Christi aro exempt from this ordinance.
SECTION 9. The effective date of this ordinance is the date of final passage by the City
Council.
SECTION 10. This ordinance does not enact a criminal penalty for violation of the
provisions it adopts; however, the City has all civil remedies available to enforce the
provisions. Nothing in this ordinance may be construed to limit the City in its exercise of
the police power for the public health, safety, and welfare.
SECTION 11. If for any roason any section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance shall be held invalid or unconstitutional by final
judgment of a court of competent jurisdiction, it may not affect any other section,
paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the
definite intent of this City Council that every section, paragraph, subdivision, clause,
phrase, word or provision of this ordinance be given full force and effect for its purpose.
SECTION 12. 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 Chdsti.
R4620~A3.doc
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Gan'err
That the foregoing ordinance was read for the first time and passed to its second
reading on this the day of ,2004, by the following vote:
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
That the foregoing ordinance was read for the second time and passed finally on this
the __ day of
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
PASSED AND APPROVED, this the
ATTEST:
,2004 by the following vote:
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
__ day of
An'nando Chapa
City Secretary
APPROVED: ?_2."~ day of September, 2004:
iningJ
First Assistant City Attorney
For City Attorney
Samuel L. Neal, Jr.
Mayor
21
R~20~A3.d~
19
DATE:
TIME:
PLACE:
1.
2.
AGENDA
CORPUS CHRISTI HOUSING FINANCE CORPORATION
SPECIAL MEETING
Tuesday, O~oberl2, 2004
During the meeting of the City Council beginning at 10:00 a.m.
City Council Chambers, 1201 Leopard St., Corpus Christi, TX 78401
President Mark Scott calls meeting to order.
Secretary Armando Chapa calls roll.
Board of Directors
Mark Scott, President
Bill Kelly, Vice President
Brent Chesney
Javier Colmenero
Melody Cooper
Henry Garrett
Rex A. Kinnison
Samuel L. Neal Jr.
Jesse Noyola
Officers
George K. Noe, General Manager
Armando Chapa, Secretary
Mary Juarez, Asst. Secretary
Cindy O'Bden, Treasurer
Constance P. Sanchez, Asst. Treasurer
Approve Minutes of June 22, 2004 meeting
Financial Report
Consider the adoption of the following resolutions concerning the development of
two multi-family housing projects at the southeast comer of the intersection of
Interstate Highway 37 and North Padre Island Drive:
INDUCEMENT RESOLUTION PERTAINING TO THE ISSUANCE OF
APPROXIMATELY $11,965,000 IN MULTI-FAMILY MORTGAGE REVENUE
BONDS IN CONNECTION WITH A 250-UNIT APARTMENT PROJECT BY
COSTA TARRAGONA I, LTD.
INDUCEMENT RESOLUTION PERTAINING TO THE ISSUANCE OF
APPROXIMATELY $'1'1,965,000 IN MULTI-FAMILY MORTGAGE REVENUE
BONDS IN CONNECTION WITH A 250-UNIT APARTMENT PROJECT BY
COSTA TARRAGONA II, LTD.
Public Comment.
7. Adjournment.
MINUTES
CORPUS CHRISTI HOUSING FINANCE CORPORATION
JUNE 22, 2004
11:40 A.M.
PRESENT
Board of Directors
Mark Scott, President
Bill Kelly, Vice President
Brent Chesney
Javier Colmenero
Melody Cooper
Henry Garrett
Rex A. Kinnison
Samuel L. Neal Jr.
Jesse Noyola
Officers
George K. Noe, General Manager
Armando Chapa, Secretary
Mary Juarez, Asst_ Secretary
VACANT, Treasurer
Constance P. Sanchez, Asst. Treasurer
President Scott called the meeting to order in the Council Chambem of City Hall_ Secretary
Chapa verified that a quorum of the Board was present to conduct the meeting and that notice of the
meeting had been posted.
President Scott called for nominations for the election of officers_ Mr. Kinnison made a
motion to nominate the following staff members to the following functionary positions: General
Manager - George K. Noe, City Manager, Secretary - Armando Chapa, City Secretary; Assistant
Secretary - Mary Juarez, Assistant City Secretary; Treasurer - Cindy O~Brien, Director of Finance;
and Assistant Treasurer - Constance P_ Sanchez, Assistant Director of Finance. Mr. Chesney
seconded the motion, and it passed unanimously. Mr. Chesney made a motion to reappoint Mr.
Scott as President and Mr_ Kelly as Vice-President_ The motion was seconded and passed
unanimously.
President Scott called for the approval of the minutes of May 13, 2003. Mr_ Garrett made
a motion to approve the minutes as presented, seconded by Mr_ Chesney, and it passed unanimously.
President Scott called for the financial report. City Manager Noe referred to a balance sheet
and summary of trausactions for the corporation_ The Council had no questions.
President Scott called for the General Manager's report. City Manager Noe reported as of
April 30, 2004, the partnership between the CCI-IFC and the Corpus Christi Community
Improvement Corporation had resulted in the creation, assistance to, or funding of 7,205 units for
a total of $156 million in assistance. He recognized HUD and the Texas Bond Review Agency as
the city's partners tn this endeavor. In addition, he thanked the Coastal Bend Finance Corporation,
the Corpus Christi Board of Realtors, the Corpus Christi Builders Association, and others for their
efforts to make this goal a reality.
Mr_ Noe stated the CCHFC received a new allocation from the Texas Bond Review Board
for $21.7 million m mortgage credit certificates and began the program on February 3, 2003. He
said staff anticipates that more than 330 first-time homebuyers will be assisted in obtaining home
mortgages with this allocation.
President Scott called for public comment, and there was none.
There being no further business to come before the corporation, President Scott adjoumed
the meeting at 11:42 a_m. on June 22, 2004.
Cash and cash equivalents
CORPUS C~a~STI HOUSING FINANCE CORPORATION
COM~AI{ATI~E BALANCE SltEE~S
JULY 31.20~4 AND 2~3
$ 317,161
$ 317.161
$
$
20O3
371.732
371,732
LIABILITI~. ~ FUND BALANCE
375 $ 250
25
46.394
375 46.669
316,786
316,786
325,063
323.063
Tmal ~iabilifies and fired balance $ 317,161 $ 371.732
CORPUS UHRISTI HOUSING Fi31ANCE CORPORATION
STATEMENT OF REVENUE~, F~ENDI~URE~ AND CHANGE~ IN FUND BALANCE
YEAR ENDED JULY 31, 2004 AND 2003
UNAUDITED
2O04
$ 10,040
3,209
13,249
Expenditures
Olher
21~26
(8,277)
Other Ih,~m,h~g s~m't'es (us~s)
Traasfm'~ o~t
Total other financing sc4gccs (uses)
(§~277)
Fund balan~atbeginning~y~
325,063
$ 316,786
2003
827O
4,129
83,267
95,666
21,273
31,122
52,395
43,271
(33.5O2)
(33,502)
9,769
315~94
325,063
TO:
FROM:
DATE:
SUBJECT:
Memorandum
Corpus Chdsti Housing Finance Corporation
George K. Noe, General Manager
October 7, 2004
Request for Meeting of the Corpus Chdsti Housing Finance Corporation
(CCHFC) on October 12, 2004
I am requesting that a meeting of the Corpus Chdsti Housing Finance Corporation
(CCHFC) be held dudng the Council Meeting of October 12, 2004 to consider an
application by Costa Tarragona I, LTD and Costa Tarragona II, LTD for the possible
issuance of up to $11,965,000 for each project in multi-family mortgage revenue bonds
for the financing of the construction of 250 apartment units per project. The proposed
project is at the southeast comer of the intersection of Interstate Highway 37 and North
Padre Island Drive.
Staff received an application from Costa Tarragona I, LTD and Costa Tarragona II, LTD
for the above mentioned apartment complex. Each application proposes 250 apartment
units, which are broken down as follows: 5 2 1 -bedroom, 1 12 2-bedroom, and 86 3-
bedroom.
This project appears to meet the needs of affordable housing that has been identified in
the City's five-year Consolidated Plan. The developer is proposing to not only use
multi-famity mortgage revenue bonds, but also apply for the State Iow income housing
tax credits, which together will require that 100% of the units be held for families whose
incomes do not exceed 60% of the median income within the City.
George K. Noe
General Manager
, Mar~!e R?se - paloma s[aff, pdf. _ .. P_ag~ 1 J
CITY OF CORPUS CHRISTI, TEXAS
5517 IH 37 ACCESS ROAD
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