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HomeMy WebLinkAboutAgenda Packet City Council - 11/09/2004CITY COUNCIL AGENDA NOVEMBER 9, 2004 Corpus Christi AII-AmedcaCity 10:00 A.M. - Presentation of the Dlslingulshed Legislative Service Award 2003-2004 ~rorn the Texas Municipal League to State Represe~taUve Vilma Luna 11:45 A.M. - Proclamation deciadng November 9, 2004 as "Texas Recycles Day" Proclamation declaring November 14, 2004 as "CROP WALK Day' Proclamation declaring the month of November as "National Epilepsy Awareness Month" Recognition of Award of Excellence for Public Saleb/from the Texas Municipal League to the Corpus ChdstJ Police AthleUc League (CC-PAL) Recognition of the Southslde Rotary "Unsung Heroes Award' Recip,~nts Recognition of Certificate of Appreciation ~'om the Texas Department of Health for 50 years of Participalion in a Fluoridation Program AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD NOVEMBER 9, 2004 10:00 A.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE C11'~ COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m. or at the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and addres,~. Your presentation will be limited to three minutes_ If you have a petition or other informa~ion pertaining to your subject, please present it to the City Secretary. SI Usted desea dirigirse al Concilio y cme qua su inglds es limitedo, habr~ un intdrprete ingl&$..espa~lol en todas les juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services ere requested to contact the City Secretary's office (at 361-880-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Samuel L. Neal, Jr. to call the meeting to order. B. Invocation to be given by Pastor Bob Florence, Faith Temple. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Samuel L. Neal, Jr. Mayor Pro Tern Jesse Noyola Council Members: Brent Chesney Javier Colmenero Melody Cooper Henry Garrett Bill Kelly Rex Kinnison Mark Scott City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa __ Agenda Regular Council Meeting November9,2004 Page 2 E. MINUTES: Approval of Regular Meeting of October 26, 2004. (Attachment #1) F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) Citizens Advisory Health Board Corpus Chdsti Convention and Visitors Bureau Board Landmark Commission Library Board Weed and Seed Steedng Committee G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsiderad item. CONSENT AGENDA Notice to the Public The following items ara 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 raqui#ng separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS. RESOLUTIONS. ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, re,solutions and o~linances not removed for individual consideration) CITY COUNCIL PRIORITY ISSUES (Reft' lo legefld at the end ~' ~e agenda summary) Agenda Regular Council Meeting November 9, 2004 Page 3 Motion approving a supply agreement with Quadrant Productions, Corpus Christi, Texas for Video Productions Services, in accordance with Request for Proposal No. BI-O087-04, for an estimated annual expenditure of $30,000. The term of the contract is for twelve months with options to extend for up to two additional twelve-month periods subject to the approval of the contractor and the City Manager or his designee. This service will be utilized by the Public Information Department. (Attachment # 3) Motion approving a supply agreement with Alpha Building Services, Corpus Chdsti, Texas for custodial service for the main police building in accordance with Bid Invitation No. BI-0073-04, based on most advantageous bid for an estimated annual expenditure of $65,503_20. The term of the contract is 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 by the Police Department in FY 2004-2005. (Attachment # 4) Motion approving a supply agreement with the following companies for the following amounts for mowing of Water Production Facilities in accordance with Bid Invitation No. BI- 0005-05 based on Iow bid for an estimated annual expenditure of $151,296. The term of the contracts will be for twelve months with an option to extend for up to two additional twelve-month periods subject to the approval of the contractors and the City Manager or his designee. Funds have been budgeted by the Water Department in FY 2004-2005. (Attachment # 5) Laguna Services, Inc. Comus Chdsti, Texas Group I $61,206 Sierra Services Sinton. Texas Group II $90,090 CITY COUNCIL PRIORITY ISSUES (Re[er ID legend a[ the end of the agenda summary) Grand Total: $151,296 Agenda Regular Council Meeting November9,2004 Page 4 9,5, Motion approving a supply agreement with Martin Madetta Materials, Corpus Chdsti, Texas for Flexible Base Caliche in accordance with Bid Invitation No. BI-0002-05, based on Iow bid for a total amount of $212,250_ The term of the contract will be for twelve months with an option to extend for up to two additional twelve-month pedods subject to the approval of the supplier and the City Manager or his designee. (Attachment # 6) Motion approving the purchase of 450 pistols and accessories from the following companies for the following amounts in accordance with Bid Invitation No. BI-0015-05, based on Iow bid for a total amount of $266,955.02. The equipment will be issued to police officers of the Corpus Chdsti Police Department. Funds are available in the Police Law Enforcement Trust Fund. (Attachment # 7) OMB Police Supply Lenexa, Kansas $191,000 GT Distdbutors, lnc. Austin. Texas $75,955.02 Grand Total: $266,955.02 Motion authorizing the City Manager or his designee to enter into an Intedocal Agreement beiween the City of Corpus Chdsti Police Department and the City of Dallas Intemet Cdmes Against Children Task Force under the Intemet Cdmes Against Children (ICAC) Task Force Program, United States Department of Justice, and to execute all related documents. (Attachment # 8) Ordinance appropriating $25,000 from the City of Dallas in the No. 1061 Police Grants Fund for the Intemet Cdmes Against Children (ICAC) Task Force Program. (Attachment # 8) Resolution authorizing the City Manager or his designee to accept a grant from the Texas Commission of the Arts in the amount of $2,296 in the No. 1067 Federal/Stata Grants Fund to be used for the Corpus Chdsti Festival of the Arts 2004. (Attachment # 9) Ordinance appropriating a grant from the Texas Commission of the Arts in the amount of $2,296 in the No. 1067 Federal/State Grants Fund for the Corpus Chdsti Festival of the Arts 2004, (Attachment # 9) CITY COUNCIL PRIORITY ISSUES (Refer ~ legend at Ihe ~ o~ the agenda summa~) Agenda Regular Council Meeting November9,2004 Page 5 lO_a. 10.b. 10.c. 11.a. 11.b. 11.c. 12. Resolution authorizing the City Manager or his designee to accept $27,322 from a Texas Commission on Environmental Quality Pre- Approved Expenditure Grant in the No. 1071 Grant Fund to provide funding for Mitigation Measures at the old Regional Transportation Authority facility, 1024 Sam Rankin. (Aitachment # 10) Ordinance appropriating $27,322 from a Texas Commission on Environmental Quality pre-approved expenditure grant in the No. 1071 Grant Fund to provide funding for Mitigation Measures at the old Regional Transportation Authority Facility, 1024 Sam Rankin. (Attachment # 10) Motion authorizing the City Manager or his designee to execute Amendment No. 11 with Delta Environmental, Inc., of Corpus Christi, Texas in the amount of $28,122 for Mitigation Services associated with a removed underground fuel storage tank at the old Regional Transportation Authority Facility, 1024 Sam Rankin_ (Attachment # 10) Motion authorizing the City Manager or his designee to execute a contract with the Center for Coastal Studies, Texas A&M University - Corpus ChdstJ not to exceed $111,000 for Ammonia and Biological Monitoring associated with the Rincon Bayou Diversion Project 2004-2005. (Attachment # 11) Motion authorizing the City Manager or his designee to execute a contract with the Division of Nearshore Reseamh, Texas A&M University - Corpus Chdsti not to exceed $104,550 for Salinity and Freshwater Inflow Monitoring associated with the Rincon Bayou Diversion Project 2004-2005. (Attachment # 11) Motion authorizing the City Manager or his designee to execute a contract with the University of Texas Madne Sciences Institute in an amount not to exceed $228,296 for Biological Monitoring Services associated with the Rincon Bayou Diversion Project 2004-2005. (Attachment # 11) Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract with John H. Kelly, Sr. in the amount of $171,712 plus $2,000 in dosing costs for the purchase of fee simple property rights for Pamel 8D-2, being 59.211 acres CITY COUNCIL PRIORITY ISSUES (Relic- Io legend al Ihe ~ o~ agenda summary) Agenda Regular Council Meeting November9,2004 Page 6 13. 14. 15. 16. 17. 18.a. out of Tract No. 8, Margaret Kelly Land, located south of the Corpus Chdsti International Airport (CClA) between County Roads 2292 and 763 in connection with the Corpus Chdsti International Airport Expansion Project (#1023) and for other municipal purposes. (Attachment # 12) Motion authorizing the City Manager or his designee to execute Change Order No. 3 to the contract with Garver Construction, Ltd., of Houston, Texas in the amount of $290,357.69 for the Bond Issue 2000 Street Resurfacing Project #C-4 on Up River Road (IH 37 to Leopard Street). (Attachment # 13) Motion authorizing the City Manager or his designee to execute a Construction Weld Inspection and Testing Contract with Base Line Data, Inc., of Port]and, Texas in an amount not to exceed $105,560 for the Southside Water Transmission Main Phase 4 and 4A project. (Attachment # 14) Motion authorizing the City Manager or his designee to execute Change Order No. 12 for the Amedcan Bank Center Arena in the amount of $250,489 with Fulton Coastcon, Joint Venture, of Corpus Chdsti, Texas for vadous architectural, electrical, mechanical and structural modifications. (Attachment # 15) Ordinance authorizing the City's Director of Engineering Services or his designee to implement a traffic management plan in the Bayfront Arts and Science Park and surrounding area, including the modification of traffic regulations, as needed during special events at the Amedcan Bank Center for a pedod of up to 120 days. (Attachment # 16) Motion authorizing the City Manager to execute an Amended and Restated Parking Area Lease between the Port of Corpus Chdsti Authority of Nueces County, Texas, Corpus Chdsti Baseball Club, L.P., and the City of Corpus ChdstJ. (Attachment # 17) Motion authorizing the City Manager or his designee to approve the Seagull Park improvement plan as presented. (Attachment # 18) CITY COUNCIL PRIORITY ISSUES (Re~ ~ leger~l al We end of Die agenda summary) Agenda Regular Council Meeting November 9, 2004 Page 7 18.b. 19_ 20. 21. 22. 23. Motion authorizing the City Manager or his designee to accept "Joumey's End", a sculpture from Kent UIIberg, for display at Seagull Park on Padre Island. (Attachment # 18) Resolution expressing official intent to reimburse costs of the 2004 Bond Capital Improvement Projects. (Attachment # 19) Ordinance designating the portions of Highway United States 181 within the City of Corpus Chdsti as the Remember Pead Harbor Memodal Parkway and directing the posting of appropriate signage. (Attachment # 20) First Reading Ordinance Amending the City Code of Ordinances, City of Corpus ChdsU, Chapter 17, Finance and Taxation, Section 17-1.2, Service Charge for Returned Checks, by increasing said fee from $25.00 to $30.00; providing for an effective date of December 1,2004. (Attachment # 21) First Reading Ordinance - Amending the Code of Ordinances, Section 53-254, Schedule V, Increase of state speed limit in certain zones, by establishing a school zone on Kostoryz Road: (Attachment # 22) A 25 mile per hour school speed zone on Kostoryz Road, when lights are flashing, for a distance of 400 feet, from a point 200 feet north of the centedine of Masterson Ddve to 200 feet south of the centedine of Masterson Ddve; and providing for penalties. Second Reading Ordinance - Amending the Code of Ordinances, Section 53-254, Schedule V, Increase of State Speed Limit in Certain Zones, and Schedule VI, Decrease of State Speed Limit in Certain Zones, by modifying the limits of speed zones and establishing transition speed zones in the inbound and outbound directions of International Ddve between the existing 45 miles per hour speed zones near State Highway 44 and the existing slower speed zones of 15 and 20 miles per hour near the parking lots and the terminal; and providing for penalties. (First Reading 10/19/04) (Attachment # 23) CITY COUNCIL PRIORITY ISSUES (Re[~r ID legend at the end of agenda summary) Agenda Regular Council Meeting November9,2004 Page 8 24. J= 25.a. 25.b. 26. PRESENTATIONS: Public comment will not be solicited on Presentation items. Corpus Chdsti Regional Economic Development Corporation Quarterly Report. (Attachment # 24) PUBLIC HEARINGS: Public headng to consider abandoning and vacating a 43,654.61- square foot portion of an undeveloped and unsurfaced 40-foot wide dedicated public right-of-way out of Lots 6 and 7, Section 26 and Lots 26 and 27, Section 27, Flour Bluff and Encinal Farm and Garden Tracts (south of the Oso Parkway and east and west of the Quebec Ddve/Oso Parkway intersection). (Attachment # 25) Ordinance abandoning and vacating a 43,654.61-square foot portion of an undeveloped and unsurfaced 40-foot wide dedicated public right-of-way out of Lots 6 and 7, Section 26, and Lots 26 and 27, Section 27, Flour Bluff and Encinal Farm and Garden Tracts (south of the Oso Parkway and east and west of the Quebec Ddve/Oso Parkway intersection); subject to compliance with the specified conditions. (Attachment # 25) ZONING CASES: Case No_ 0904-02, Kyle S. Williams: A change of zoning from a 'R-1 B" One-family Dwelling District to a "B-3" Business District. The property is on five (5) acres out of southwest comer of Survey No. 416, Abstract 838 and southwest comer of a 100-acre tract recorded in Volume 314, Page 531 of the Deed Records of Nueces County, Texas, also recorded in Volume 321, Page 349 of the Deed Records of Nueces County, Texas, located on the east side of Rand Morgan Road and 600 feet south of McNorton Road. (TABLED OCTOBER 19, 2004) (Attachment # 26) Planning Commission and Staff's Recommendation: Denial of the 'B-3" Business District, and in lieu thereof, approval of a 'B-1" District with a Special Permit for a mini-storage facility subject to five (5) conditions. CITY COUNCIL PRIORITY ISSUES (Rear to legend at ~e end oi' Ihe agenda sun~-nary) Agenda Regular Council Meeting November 9, 2004 Page 9 ORDINANCE Amending the Zoning Ordinance, upon application by Kyle S. Williams, by changing the zoning map in reference to five (5) acres out of the southwest comer of Survey No. 416, Abstract 838 and southwest comer of a 100 acre tract recorded in Volume 314, Page 531 and Volume 321, Page 349 of the Deed Records of Nueces County, Texas, (currently zoned "R-lB" One-family Dwelling District) by granting a Special Permit for a mini-storage use subject to a site plan and five (5) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS. AND ORDINANCES; 27. Motion authorizing the City Manager or his designee to execute a construddon contract with CCC Universal Constructors, LLC, of San Antonio, Texas in the amount of $10,280,518.48 for the Seawall Reconstruction Project, Contract C - Peoples Street to Cooper's Alley (Marina Reach). (Attachment # 27) 28. Resolution opposing the permitting of additional landfills within the City of Corpus Chdsti, City of Corpus Chdsti's extraterritorial jurisdiction, and Coastal Bend Region as long as sufficient permitted landfill capacity is available at existing and permitted landfills. (Attachment # 28) 29_a. Ordinance amending the License Agreement dated December 16, 2003, between the City of Corpus Chdsti and Gulfterra Energy Partners, L.P. (Attachment # 29) 29.b. Second Reading Ordinance -Amending Chapter 49 of the City of Corpus ChdstJ 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- CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting November9,2004 Page 10 owned properties and interests; reserving the City's claims for prior 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. (First Reading 10/12/04) (Attachment # 29) PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. OR AT THE END OF THE COUNCIL MEETING. WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present i~ to the City Secretary.) SI usted se didge a la junta y cree que su ingl(~s es limitado, habr~ un int&rprete ingl~$-espaflol en la reunion de la junta para ayudade. PER ClTY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. EXECUTIVE SESSION: PUBLIC NOTICE is given that the CAY 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 Cede, and that the CAy Council specifically expects to go into executive session on the fo/lowing matters. In the event the Council elects to go into executive session regarding an agenda /tern, the sect/on or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. CITY COUNCIL PRIORITY ISSUES (Rear to Isgend at Ihe end of ~e agenda summary) Agenda Regular Council Meeting November9,2004 Page 11 30. 31. N= Executive session under Texas Government Code Section 551.071 to receive advice from the City's attorneys about the City's standing to challenge potential new landfills in the region, with possible discussion and action related thereto in open session. Executive session under Texas Government Code Section 551.071 for consultation with attorney regarding the use of public rights-of-way and property by pipelines, grants of dghts 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 activities of individual Council members and Staff; constituent concerns; current topics raised by media; follow-up on Staff assignments; scheduling of future Council meetings and activities; and other brtef discussions regarding city-related matters. 32. CITY MANAGER'S REPORT 33. 34. * Upcoming Items MAYOR'S UPDATE COUNCIL AND OTHER REPORTS O. ADJOURNMENT: CITY COUNCIL PRIORITY ISSUES (Refer to leges'rd at Ihe en¢l of Ihe agenda summary) POSTING STATEMENT: This agenda was posted on the City's official bulle§n board at tile front enb'ance tel , Cib/ Hall, 1201 Leopard Street, at ~'- O0 p.m., Armando Chapa City Secretary Agenda Regular Council Meeting November9,2004 Page 12 NOTE: The City Council Agenda can be found on the City's Home Page at www,cctexas.com after 7:00 p.m. on the Friday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Intarnet by Monday morning. Symbols used to highlight action item that implement council priority Issues. CITY COUNCIL PRIORITY ISSUES (Reh~r to legend at I~e end ~ agenda summary) 1 PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Jesse Noyola Council Members: Javier Colmenero Brent Chesney Melody Cooper Henry Garrett Bill Kelly Rex Kinnison Jesse Noyola Mark Scott M1NUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting October 26, 2004 -10:14 a.m. City Staff: City Manager George K_ Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Reverend Willie Davila of the Church of Reconciliation and the Pledge of Allegiance to the United States flag was led by Council Member Noyola. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Neal called for approval of the minutes of the joint meeting of October 12, 2004 and the regular Council meeting of October 19, 2004. A motion was made and passed to approve the minutes as presented. Mayor Neal stated there was a possibility that the discussion on Item 14, NuPAC's appeal of the Cable Communication Commission's decision to decertify them as the Channel 10 Public Access User Group, could be tabled until November 16, 2004. Before the item could be tabled, however, staffhad to obtain the written consent fi.om both parties prior to 1:00 p.m., when the discussion was scheduled to take place. Mr. Chapa stated staffwas in the process of contacting Mayor Neal stated there were a number of amendments to Item 15, which was also related to public access cablecasting. City Attorney Fischer said staffproposed two changes to the rules and procedures for public access cablecasting. First, she said currently the rules required that applications be submitted at least 2 weeks in advance of the fall timeslot lottery. In practice, most producers submitted applications the day of the lottery. Thus, she recommended changing the rules to reflect the current practice by allowing applications to be submitted as of the date of the lottery_ Second, she proposed an amendment stating the Fall 2004 lottery would be conducted on November 16, 2004, but for all future years, the lottery date would remain the fourth Thursday in October. Mayor Neal said the Council would consider this item later on the agenda. Minutes - Regular Council Meeting October 26, 2004 - Page 2 Mayor Neal called for consideration of the consent agenda (Items 2-9). Mr. Bill Kopecky, 3609 Topeka, requested that Item 8 be discussed. Council members requested that Items 6, 7, and 8 be discussed. A motion was made and passed to approve Items 2 through 9, constituting the consent agenda, except for Items 6, 7, and 8, which were pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 2.a. RESOLUTION NO. 026002 Resolution authorizing the City Manager or kis designee to accept a grant fi.om the Federal Emergency Management Agency (FEMA) in the amount of $400,000 that will provide funding for capability assessment and sustainment of the Metropolitan Medical Response System with a term extending through March 31, 2006. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 2_b. ORDINANCE NO. 026003 Ordinance appropriating $400,000 fi.om the Federal Emergency Management Agency (FEMA) in the No. 1062 Ftre Grants Fund to fund the capability assessment and sustainment identified in the Metropolitan Medical Response System grant with FEMA. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 3.a RESOLUTION NO- 026004 Resolution authorizing the City Manager or his designee to accept a grant in the amount of $15,142 and to execute a contract and all related documents with the Texas State Library and Archives Commission for the Lone Star Libraries Grant to be used for the preservation and cataloging of local history materials_ The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 3.b. ORDINANCE NO_ 026005 Ordinance appropriating a grant in the amount of $15,142 fi.om the Texas State Library and Archives Commission in the No. 1068 Library Grants Fund for preservation and cataloging of local history materials. 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 October 26, 2004 - Page 3 4. MOTION NO_ 2004-392 Motion authorizing the City Manager or his designee to execute Amendment No. 3 to the Contxact for Professional Services with Urban Engineering, Inc., of Corpus Christi, Texas in the amount of $70,000 for a total restated fee of $94,550 for the St. Andrews ParkfLaCosta Box Culvert Improvements_ The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kiunison, Noyola and Scott, voting "Aye". 5. MOTION NO. 2004-393 Motion authorizing the City Manager or his designee to execute Amendment No_ 1 to the Contract for Professional Services with Goldston Engineering, Inc., of Corpus Christi, Texas in the amount of $91,700 for a restated fee of $114,210 for the Leopard Roadside Safety Improvements. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Gamett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 9_ MOTION NO. 2004-397 Motion authorizing the City Manager or his designee to execute a twelve-month hardware maintenance agreement with the Texas Department of Information Resources of Austin, Texas based upon the State's Cooperative Purchasing Agreement in the amount of $50,232.60. Included in the agreement is maintenance and replacement support for the Police Department's servers and operating system and interoperability software. 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 6 regarding a engineering study contract for the Greenwood Wastewater Treatment Plant 4 MGD expansion. Mr. Kinnison asked for the timeline for the expansion project. City Engineer Angel Escobar replied the project would take approximately two years, with tentative completion in 2006. He said the project would increase the current capacity of the plant by 4 MGD, fi.om 8 MGD to 12 MGD. In addition, staffwas attempting to obtain a re-rating equivalency to expand the plant by an additional 2 MGD, increasing capacity fi'om 12 MGD to 14 MGD Mr. Kinnison asked how long the expansion would meet the needs of the area_ Mr. Escobar replied the engineering study would provide an estimate. Mr. Kinnison asked for a preliminary project cost. Mr. Escobar replied the project was estimated to cost between $15 to $20 million, and was already built into the CIP program. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting October 26, 2004 - Page 4 6. MOTION NO. 2004-394 Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Alan Plummer Associates, Inc. of Fort Worth, Texas in the amount of $310,000 for the Greenwood Wastewater Treatment Plant 4 MGD Expansion for an Engineering Study and Stage One Report. 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 7 regarding an amendment to the seawall contract for the Port Avenue Concrete Repairs. Mr. Kinnison pointed out the funding for this project was not coming fi.om the seawall fund; rather, the project was being funded out of the street capital improvement program. City Secretary Chapa polled the Council for theh' votes as follows: 7. MOTION NO. 2004-395 Motion authorizing the City Manager or his designee to execute Change Order No. 7 to the Seawall Contract B-2B with Gunther-Nash, Inc. of St. Louis, Missouri in an amount not to exceed $120,000 for Port Avenue Concrete Repairs. The foregoing motion was passed and approved with the following vote: Ne. al, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal opened discussion on Item 8 regarding a software contract with EM_A, Incorporated. Mr. Bill Kopecky, 3609 Topeka, and Mr. Kinnison spoke regarding concerns about the numerous amendments to this contract for software updates at an additional cost. Director of Municipal Information Systems Ogilvie Gericke explained the city installed Version 4.1 in 2001. Since that time, the manufacturer has updated the software twice. He said the manufacturer was expected to stop supporting Version 4.1 in a year. Thus, he said EMA was proposing to upgrade the city's software from Version 4.1 to Version 5.2, and to convert the city's data to be compatible with Version 5.2. Mr. Gericke said the standard industry practice was to upgrade software programs within a three to five year cycle. Assistant City Manager Ron Massey added it was important to consider the advantage of going from a non-web based system to a web-based system with regards to individual user licenses. Mr. Noe stated the WiFi system the city was planning to implement would make the ta'ansition to a web-based system even easier. Mr. Kinnison asked staffto provide cost estimates on any anticipated software upgrades so they can be included in the five-year forecast. Mr_ Noe replied affirmatively, saying staffexpected upgrades for the PeopleSofi Financial soft.ware and the Tiburon police software. Regarding WiFi, he asked staffto provide an update on the project's progress. He said at a recent conference he attended, a representative fi'om a larger city was surprised at the price the city was paying for their WiFi services, saying they were implementing it for much less. Mr. Colmenero asked staff for detailed information on any security measures the city would take if it moved to web-based software. Minutes - Regular Council Meeting October 26, 2004 - Page 5 Mr. Massey stated the EMA contract was structured to allow the city to evaluate whether to continue implementing the re-engineering effort on an annual basis. Assistant Director of Engineering Services Kevin Stowers added the full contract delineated the anticipated total cost of the implementation phasing. To date, he said the costs were roughly within the anticipated budget, with the exception of this upgrade, which staffnevertheless knew was inevitable. City Secretary Chapa polled the Council for their votes as follows: 8. MOTION NO. 2004-396 Motion authorizing the City Manager or his designee to execute a Computer Software Contract with EMA, Inc., of Tucson, Arizona in the amount of $440,000 for the Computerized Maintenance Management System. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garreth Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal referred to the presentation on the day's agenda regarding the "Conquer the Coast" bicycle ride. Ms. Gretchen Amold reported the ride took place on Saturday, September 25, 2004. She said there were 700 participants, 270 of whom traveled to Corpus Christi fi-om as far away a Washington state, Delaware, Pennsylvania, and Kentucky. Ms. Arnold stated that over 40 local businesses provided goods and services or sponsored the event. Ms. Arnold reported Dr. Jim Lee of Texas A&M University-Corpus Christi provided an economic impact study on the ride. The report indicated that the ride resulted in $412,208 in business sales, $363,000 in household income, and 87 full-time equivalent jobs. Ms. Arnold stated many riders stayed in town to enjoy Bayfest, which was also being held that weekend. In conclusion, Ms. Arnold said the event was successful, and she expected many of the participants to return to the city. She said the next Conquer the Coast event was scheduled on Saturday, October 1, 2005, the tentative date for Bayfest 2005. She thanked the Council for their support. She also thanked Mr. Mike Bertuzzi, Mr. Wayne Bennett fi'om the CVB, and many others for their efforts_ Mr. Kinnison thanked Ms. Arnold, Mr. Bertuzzi, the Corpus Christi Police Department (CCPD), and all other city departments involved for their efforts. Mr. Scott asked what target number of participants the event organizers had anticipated for the event. Ms_ Arnold replied they had anticipated 2,000 to 2,500 participants, an optimistic goal for a first time event. Nevertheless, Ms. Arnold said they were happy with the 700 participants who did materialize in 2004. She felt the participation levels were reduced somewhat by weather forecasts predicting dismal weather. For 2005, Ms. Arnold stated they were hoping to increase the number of participants to 1,000. Mr. Scott thanked Ms. Arnold, Mr. Be~z~i, and city staff, especially the CCPD, for their efforts in making the event a success. Mr. Noo also thanked TxDOT for their efforts, since the ride took place on state highways Minutes - Regular Council Meeting October 26, 2004 - Page 6 and required a coordination effort by their district office. Ms. Arnold also thanked the city planning depadment and the traffic engineering department as well as TxDOT for their efforts_ Mayor Neal referred to Item 11, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0904-06. Kim Cox, Trustee: A change of zoning from an "A- 1" Apartment House District to a "B4" General Business District. The propeay is on 6.59 acres out of Tract 1 in a deed to Klm Cox, recorded as Document No. 2003039114 and being a portion of Lots 13 and 14, Section 55, Flour Bluff and Encinal Farm and Garden Tracts, located on the southeast comer of Waldron and Graham Roads. City Secretary Chapa said the Planning Commission and staffreeommended the approval of the "B4" General Business District. No one appeared in opposition to the zoning change. Ms. Cooper made a motion to close the public hearing, seconded by Mr_ Chesney, and passed. Mr_ Chapa polled the Council for their votes as follows: 11. ORDINANCE NO, 026006 Amending the Zoning Ordinance upon application by Klm Cox by changing the zoning map in reference to 6.59 acres out of Tract 1 in a deed to Klm Cox, recorded as Document No_ 2003039114 and being a portion of Lots 13 and 14, Section 55, Flour Bluff and Encinal Farm and Garden Tracts, fi-om "A- 1" Apartment House District to "B-4" General Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Cooper, Garreth Kelly, Kirmison, Noyola and Scott, voting "Aye"; Colmenero was absent_ Mayor Neal referred to Item 12, and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Case No. 0904-07, Eric Zarghouni: A change of zoning from a "R-lB" One-family Dwelling District to a "B-I" Neighborhood Business Dislrict. The property is located in Yarbrough Addition, Lots 2 and 3, and located along Airline Road and 600 feet south of Holly Road. City Secretary Chapa said the Planning Commission and staffrecommended the approval of the "B- 1" Neighborhood Business District. No one appeared in opposition to the zoning change. Ms. Cooper made a motion to close the public hearing, seconded by Mr. Scott, and passed. Mr. Chapa polled the Council for their votes Minutes - Regular Council Meeting October 26, 2004 - Page 7 as follows: 12_ ORDINANCE NO. 026007 Amending the Zoning Ordinance upon application by Eric Zarghouni by changing the zoning map in reference to Yarbrough Addition, Lots 2 and 3, fi.om "R-lB" One family Dwelling District to "B-l" Neighborhood Business District; amending the Comprehensive Plan to account for any deviations fi.om the existing Comprehensive Plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Colmenero was absent. Mayor Neal referred to Item 13, and a motion was made, seconded, and passed to open the public hearing on the following zoning cases: 13.a. Case No. 0904-09, Robert L. and Dahlia Schulte and E, Stanton Shoemaker: Amending the Zoning Ordinance upon application by Robert and Dahlia Schulte and E. Stanton Shoemaker by changing the zoning map in reference to Lot 2, Markamay Estates, a_Ea. Alta Vista on the Bay along Ocean Drive, approximately 200 feet south of Hewit Drive and 100 feet north of Alta Plaza Street (currently zoned "R-lA" One-family Dwelling Dis~ct with a Specific Use Permit for a Bed and Breakfast Home) by granting a renewal of the Specific Use Permit for a Bed and Breakfast Home; amending the Comprehensive Plan to account for any deviations fi.om the existing Comprehensive Plan. 13.b. Case No. 0904-10. Robert L. and Dahlia Schulte and E_ S tanton Shoemaker: Amending the Zoning Ordinance upon application by Robert and Dahlia Schulte and E. Stanton Shoemaker by changing the zoning map in reference to Lot 2, Markamay Estates, a.k.a. Alta Vista on the Bay along Ocean Drive, approximately 200 feet south of Hewit Drive and 100 feet north of Alta Plaza Street, fi.om "R- IA" One-family Dwelling District with a Specific Use Permit for a Bed and Breakfast Home with Special Events; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. Regarding Item 13.a., City Secretary Chapa said the Planning Commission and staff recommended the denial of the renewal permit for the Bed and Breakfast Home. He said the ordinance before the Council reflected the applicant's request. Regarding Item 13.b., he said the Planning Commission and staffrecommended the denial of the request for a Bed and Breakfast Home with Special Events. He said the ordinance before the Council reflected the applicant's request. Assistant Director of Development Services Michael Gunning reported the applicants, Robert and Dahlia Schulte and Mr. Shoemaker, have requested a renewal of their Specific Use l~mit for a Bed and Breakfast Home only. In addition, the applicants had applied for a Bed and Breakfast Home to include Special Events. He said staff recommended that the Council open the public hearing on both items since they were inherently related. Minutes - Regular Council Meeting October 26, 2004 - Page 8 Mr. Gunning stated the B&B Home l~mfit was originally granted by Council on October 14, 2003 for a one year term, on the condition that they apply for a renewal of the permit at the end of the term. If the applicants demonstrated they could be good neighbors and nan their operation according to regulations during that time, then the city could consider renewing the permit_ At the September 22, 2004 meeting of the Planning Commission, however, the commissioners found the owners and operators of ocean House did not abide by the standards and regulations put in place by the Council by continuing to have special events, according to public testimony and staffreports. Mr. Gunning stated staffmailed notices to the surrounding property owners for both cases_ Regarding the application for renewal of the Bed and Breakfast (B&B) Home special permit, none were returned in favor, and 10 were received in opposition. Staff also received six notices fi.om outside the 200-fi. notification area. He said the 20 percent role was invoked with 21.44 percent in opposition, requiring seven members of the Council voting in favor to overcome the opposition. Regarding the application for renewal of the Bed and Breakfast Home with special events, he said the opposition was 29.8 percent, also invoking the 20 percent rule_ Mr. Gurming recommended that the Council first take action on the special use permit (SUP) for the B&B Home as it pertains to the renewal permit and the B&B Home portion of the pending SUP application. Then if the Council decided to deny the B&B Home use, the request for Special Events would also be considered denied since there cannot be a Special Events opexation without a l~tmit for the B&B Home. Mr. Scott remarked the Council had received a letter fi.om Mx. Schulte stating he was withdrawing his request for a Special Use Permit for Special Events. City Secretary Chapa confirmed the applicant had submitted a written request to withdraw Item 13.b., the Special Use Permit for Special Events_ Mayor Neal opened discussion on Item 13_a., the applicant's request for a Bed and Breakfast Home Special Use Permit only. The following individuals spoke in opposition to the renewal of the B&B Home special use [n:m~it: Ms. Mary Albarado, 3233 Ocean Drive; Mr. Dan Shea, 123 Alta Plaza; Dr. Katherine Hershrnan, 33 Hewitt Drive; Ms_ Patty Miller, 39 Hewitt; Ms. Shirley Smith, 21 Hewitt; Mr. Obie Etheridge, 138 Sea View; Mr. Joe Miller, 39 Hewitt; Ms. Keleigh Sasser, 45 Hewitt; and Mr. Smart Sasser, 45 Hewitt Mr. Reagan Stone, 3227 and 3221 Ocean Drive, spoke in support of the renewal of the B&B Home Special Use Permit. The applicant, Mr. Bob Schulte, 3275 Ocean Drive, clarified that he and his wife did not currently reside at Ocean House; rather, they ran the Bed and Breakfast business for the current owner, Dr. Stan Shoemaker. Two years ago, they had expressed interest in purchasing Ocean House fi.om Dr. Shoemaker, on the condition that they were able to obtain a B&B Home permit for the property, which was still outstanding. Mr. Schulte stated that he and his wife had adhered to the standards and regulations the city had put in place, including the requirement against special events. He said the only events they had hosted were not-for-profit events for charities, family gatherings, or impromptu gatherings initiated by Ocean House guests_ However, he and his wife had decided last night to withdraw their request Minutes - Regular Council Meeting October 26, 2004 - Page 9 for a Special Events permit because of the continued controversy. Mayor Neal disagreed that holding not-for-profit events adhered to the Council's directive to refrain from holding any special events during the one-year ~al period for the B&B special use permit. Mr. Schulte replied he understood the bed and breakfast ordinance defined "special events" as those held for compensation, so he felt they were in compliance. City Attorney Fischer read from Section 3-1.58.4 of the Zoning Ordinance which defined a special event as "includes a baptism, bridal tea, charity fundraiser, corporate banquet, family reunion, graduation party, office party, private dinner party, photo shoot, political fundraiser, quinceafiera, reception, wedding, wedding reception, or similar type of functions being held on the premises by a guest who has provided compensation for the use of all or a portion of the premises". Mr. Kelly remaxked he had received information fi-om Mr. Schulte's opponents showing Ocean House's website m which special events are advertised. Mr. Schulte replied he had not changed the website content for two years. He said, however, when people call Ocean House asking to book special events, they are told that special events cannot be held at Ocean House pending the approval of their pemfit. Mr. Kinnison asked if the Schultes understood that if the Council were to approve the special permit for a B&B Home only, they could not allow guests to invite large numbers of friends to gather at Ocean House, even if the Schultes were not compensated for the gathering. Mr_ Schulte answered affh-matively, but still expressed some confusion over how large a gathering would constitute a special event. Mr. Scott answered if a guest were to invite a small number of family members over, it would probably not constitute a violation of the zoning ordinance. However, if one of the guests sent out invitations, or ifa caterer was hired or chairs rented, this would constitute a violation. Mr. Kinnison did not feel that hosting an event for a charity constituted a violation of the ordinance because it was not for compensation. Ms. Cooper spoke in support of staff and the Planning Commission's recommendation to deny the B&B Home permit. She said charitable events could be considered a form of advertising to encourage people to book rooms later. In addition, she said the Council had directed the Schultes not to hold any special events at all, and she felt they had not acted in good faith. Planning Commission Chairman David Berlanga stated the commission voted unanimously to deny the Schultes' renewal application for several reasons. First and foremost, he said the S-curve on Ocean Drive near the home presented a public safety ba?ard. Second, the applicant had shown a disregard for the rules. Third, he said the South Central Area Development Plan did not support commercial development south on Ocean Drive from the intersection of Ayers and Ocean Drive. Fourth, he said any special events, whether for profit or not for profit, still had the same detrimental effect on the neighborhood. In conclusion, he said the Planning Commission felt the B&B Home use was not a compatible use for the area, and said it was the wrong place for a B&B_ Mr. Kinnison asked Mr. Berlanga what location would be appropriate for a B&B, since it seemed the Planning Commission was saying that Ocean Drive was off limits. Mr. Berlanga replied the Blucher House, located near the County Courthouse, was an example of an appropriate site for a B&B because it was in a low traffic area and it was not in a residential area. Minutes - Regular Council Meeting October 26, 2004 - Page 10 Mr_ Chesney was surprised by the unanimous vote of the Planning Commission regarding this case. He said the first time the commission had reviewed the case, they had voted in favor of the B&B Home permit_ Chairman Berlanga acknowledged that the majority of the commission had voted in favor of the permit, and he had cast the one dissenting vote. Mr. Chesney asked Planning Commission Vice-Chairman Bryan Stone to explain why he had changed his opinion regarding this case since the first time it was heard. Vice-Chairman Stone stated the first time the Planning Commission heard the case, Mr. Schulte implied the neighborhood concurred with his plans to open a B&B Home. Since there was no opposition, the Planning Commission approved the applicant's request. When the case came before the commission again, however, he said there was intense opposition from the neighborhood. He said the commission concluded it was a good concept, but was in the wrong place. Mr. Noyola was skeptical that the S-curve on Ocean Drive near Ocean House presented a public safety ba?ard. He had not heard of any accidents in the area that could be linked to Ocean House. He was opposed to allowing special events at Ocean House unless they were for non-profit organizations. Mr. Kelly asked if the Planning Commission was saying they were against having a Bed and Breakfast Home or other business if it was located on an arterial. Chairman Berlanga replied negatively, saying Itaffic concerns were only one consideration in their decision. He said the commission's primary concern was to protect the neighborhood, and the fact the 20 percent rule was in effect indicated a problem with the application. Mr. Kelly said the zoning ordinance already had safeguards in place to protect the neighborhood. He said safety concerns should not be the driving factor for their decision. Mr. Scott spoke in support of the renewing the bed and breakfast permit only because he thought special events would have an adverse effect on the neighborhood_ If the renewal permit passed, he asked staffto work on a clearly defining a special event in the zoning ordinance_ In addition, he asked City Manager Noe to report on repairs to the Hewitt Drive alley during Council reports. Mr. Colmenero agreed that the definition of a special event in the zoning ordinance needed to be clarified. He suggested if safety was a concern on the stretch of Ocean Drive near the Ocean House, then the speed limit may need to be adjusted. Mr. Kinnison made a motion to close the public hearing, seconded by Mr_ Scott, and passed. Mayor Neal asked City Secretary Chapa to clarify the voting requirements when the 20 percent rule was in effect. Mr. Chapa replied the ordinance before the Council reflected the applicant's request. If the Council chose to approve the ordinance, it would take seven votes. Mr_ Kinnison made a motion to amend the ordinance to include a list of conditions as follows: no valet parking; no commercial delivery macks to support any function; no live music; and no catered events; and any violation would led to the immediate revocation of the permit_ Mr. Scott seconded the ordinance. City Secretary Chapa clarified that the motion to amend did not require seven votes to pass. City Secretary Chapa polled the Council for their votes on the amendment as follows: Colmenero, Gan-ett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Neal, Chesney, and Minutes - Regular Council Meeting October 26, 2004 - Page 11 Cooper, voting "No". The motion to amend carried. City Secretary Chapa polled the Council for their votes on the ordinance as amended as follows: Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Neal, Chesney, and Cooper, voting "No". The motion failed. 13.a. FAILED (AS AMENDED) Am,~.dMg the Z,,.ing Ordi,,~,,.e u~o,, apvlic.tlon by Rob~,t ,~d Dahlia Schalt¢ ,md E. S~,~n Shoc.~. by ch~,~i.g the ~ah~g .,ap h, ~f~,~,~e ~ L~ 2, M~,,~y ~tcs, a.k.a. AI~ Vista on the Bay along ~a,, ~ lye, ~pp,~xh,~ly 200 ~t ~th ofllewit D~ivc ~,~d 100 ~et nosth ~ AI~ Plm ~,~t (e~.~.tly ~ned "R-lA" Oncff~,dly Dwcll~g Di~hi~t with a S~cific Use ~,,.it f~ a Bcd ~d B~f~t II~.,~) by ~th,g ~ ,~,,~wal of · e S~cific U~ ~..,it f~ a Bcd ~d B~e~t IIo,.~, ~.~,,ding thc C~.,~d~..~ive PI~ to acc~t for ~.y dcvi~tio,~s fi~,,~ fl,~ exi~t~g Co,,,v,~l,~ivc PI~.. 13,b, WITHDRAWN Ama.ding thc Zoai,,g O, dinance ~n q~vli,~tioa by Robert s.,d DM~lia Schdte ~,d E_ S~, Sh~,,,~, by ch~,~h~g the ~,,h,g ~a~ i,, mf~,~,,~e ~ L~ 2, M~,,,~y E~t~s, ~k.a_ ~ Vi~ on the Bay alo,,g ~c~, D,ivc, ~p~,.~ly 200 f~t south oflIe~t m,d 100 feet nodh ~AI~ Plm S~h fi~,. "R-lA" Onc-f~ily ~cll~g Di~hld m~ a S~cific U~ ~..,it ~ a Bcd ~d B,e~f~t IIo~ ~ Special E~c~; ~,~.di,,g the Co,.F,d~easive Pl~ m acco~ht ~, any &viatlons fi~,,, th~ exis~g Co,.F,~h~,,.ivc Mayor Neal called for a brief recess to present proclamations. The Council reml-ned from recess, and Mayor Neal called for petitions fi.om the audience. Mr. J.E. O~Brien, 4130 Pompano, and Mr. Jack Gordy, 4118 Bray, spoke in support of the proposed tax fi-eeze. Mr, Bill Kopecky, 4609 Topeka, also spoke in support of the proposed tax freeze, and also spoke against the use of the term "re-engineering"_ Ms. Cheryl Quinones, 5403 Everhart, spoke regarding her concerns about the animal control problem in the city, and asked the Council to consider placing a requirement for a breeders permit in the animal control ordinance coming before them within the next 60 days. Ms. Sherry Dunlap, 5825 Hopkins Road, spoke regarding her concerns with the city's failure to implement certain elements of the Animal Care Action Plan. Mr. Javier Flores, 1101 S_ Staples, spoke in support of the Cable Communications Commission for diffusing the problems with the public access channel. Mr. Rolando Garza, also thanked the Cable Communications Commission for providing Minutes - Regular Council Meeting October 26, 2004 - Page 12 guidance to the public access users group, and he suggested that the PAUG and the studio should be controlled by separate groups. Mr. Xavier Fuentes spoke regarding his concerns about alleged corruption in the city. Mr. Kurt Logan spoke regarding the public access channel, saying the PAUG and the studio should be corm-oiled by separate groups. Mr_ Richard Pulido, chairman of the Cable Communications Commission, stated the commission was focusing its efforts on enforcing the rules and regulations as they pertain to NuPAC, not to gain control of the organization, but rather to improve conditions for the producers involved. Mayor Neal stated there was an item on the agenda regarding NuPAC, and the public comment period was intended for discussion of items that were not on the agenda. He said he had allowed a number of individuals to speak regarding NuPAC in error_ Mayor Neal opened discussion on Item 14 regarding the appeal byNuPAC, Inc. of the Cable Communications Commission decision to decertify them. Mr. Chesney made a motion to table this item to November 16, 2004, seconded by Mr. Scott, and passed. 14. TABLED TO NOVEMBER 16, 2004 C,,.~id,., ~tion of,m appeal by NuPAC, Inc. fi,,,, thc Co, p,,.~ CIu isti Cable Co,,~,anicati,,,~ Co.unlssioa's dcclsio, to &certify NuPAC, h,¢. as the Ch,~mcl 10 Public Access Use~ Mayor Neal opened discussion on Item 15 regarding an amendment to the rules and procedures for public access broadcasting. Mr. Noe stated staffwas recommending that this item be amended to change the date of the timeslot lottery to November 18, 2004 for this year only, and to allow applications to be submitted up until the date of the lottery. Mayor Neal asked for public comment. Mr. Jack Gordy, 4118 Bray, spoke in support of the proposed amendments to the ordinance. He also recommended changing the ordinance to allow the producer to turn in their applications to the PAUG instead of dkectly to the cable operator. Mr. Chesney made a motion to amend the ordinance as recommended by staff, seconded by Mr. Kelly, and passed. City Secretary Chapa polled the Council for theix votes as follows: Minutes - Regular Council Meeting October 26, 2004 - Page 13 15. ORDINANCE NO. 026008 Ordinance amending Code of Ordinances, City of Corpus Christi, Chapter 55, regarding rules and procedures for public access cablecasting. An emergency was declared, and the foregoing ordinance was passed and approved as amended with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal announced the executive session, which was listed on the agenda as follows: 16. Executive session under Texas Government Code Section 551.071 regarding Channel Investments, Ltd. vs. City of Corpus Christi, Cause No. 04-1975-G, in the 319~ Judicial District Court, Nueces County, Texas, 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 motion was passed with the following vote: 16. MOTION NO. 2004-398 Motion authorizing the City Manager and the City's attorneys to execute any documents required to compromise and settle Channel Investments, Ltd. vs. City of Corpus Christi, Cause No. 04-1975-G, in the 319th Judicial District Court, Nueces County, Texas, including the execution of a deed without warranty of the City's interest and claims to the submerged lands under the boathouse located at 2802 North Shoreline Boulevard to Channel Investments, Ltd. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal called for the City Manager's report. City Manager Noe reported on October 30, 2004 at 1:00 p.m., the rededication of the Selena Auditorium will take place. The Best of the Best showcase will take place in the American Bank Center on October 31, 2004. A ribbon cutting ceremony opening the new arena is tentatively scheduled for November 5 at 10:00 a.m., before the first hockey game at 7:00 p.m. Mr_ Noe also announced the neighborhood meeting for Neighborhood Improvement Program (NIP) Area 7 would be held at 6:00 p.m. on October 26_ He said the city was asking citizens who needed assistance lighting their gas pilot lights to make arrangements now by calling 885-6913, rather than waiting for the first cold fi'ont. He said the service was fi-ee for individuals 65 and over, and $10 for others. Minutes - Regular Council Meeting October 26, 2004 - Page 14 Finally, Mr. Noe asked City Engineer Escobar to provide an aerial photo of the Packery Channel worksite. Mr. Escobar reported the work was approximately 45 percent complete as of this month. He pointed out where the jetties were being installed, and discussed the schedule for dredging the channel. Mr. Kelly asked if the plan was still to use the dredging material to renourish the beach in front of the seawall. Mr. Escobar answered aWtrmatively. Mayor Neal reported the Texas Municipal League conference was being held this week in the city beginning this Wednesday, the first conference to be held in the remodeled convention center. He asked the Council to participate in the conference as much as possible. Mayor Neal called for Council concerns and reports. Mr. Scott reported Whataburger was storing a collage that hung in the old airport facility, and was interested in negotiating with the city to place it in the new convention center. Mayor Neal suggested the city forward the idea to the Arts & Cultural Commission to decide where to place the art work. Mr. Kinnison encouraged everyone to vote in the upcoming November election, and to take advantage of early voting, which was taking place Monday through Friday of this week. Mayor Neal noted many citizens were voting early, pointing out there were huge lines atthe Corpus Christi Athletic Club this week. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 1:45 p.m. on October 26, 2004. 2 CITIZENS ADVISORY HEALTH BOARD - Threc (3) vacancies with t~m~ to 11-11-05 and 11-11-07, one of which is appointed jointly by the City and the County. (Note: Council to designate which member will be recommended to the County for the joint appointed sloO DUTHgS: To study and assist in health and human service operations, services and programs, and to make recommendations to the City and County through the Director of Health and Human Services. COMPOSITION: Eleven (11) members, five (5) members appointed by the City Council for three-year t~nns, five (5) by the Commissioners Court; and one member appointed .jointly by the City and the County. The board elects its own president and vice president. MEMBERS TERMS ORIGINAL APPTD. DATES Rose Caballero (County), Chair Melinda Gonzales (City), Vice Chair Leo Barrcra, Jr_ (County) VACANT (County) Karen Beard (City) *Michelle Thomas (City) **Larry Bittle (City) Dr. Tony Diaz (County) VACANT (County) **Blanca Rosa Garcia (Joint) Amanda Stukenbcrg (City) Non-Expiring 4-99 11-11-05 8-15-95 Non-Expiring 4-24-84 Non-Expiring 11-11-05 11-12-02 11-11-04 4-13-04 11-11-05 12-10-02 Non-Expiring 11-11-78 Non-Expiring 11-11-05 5-09-95 11-11-06 5-08-01 *Seeking reappointment **Resigned ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. NAME THIS TERM PRESENT Michellc Thomas 4 3 % OF ATTENDANCE LAST TERM YEAR 75% (NOTE: The Citizens Advisory Health Board is recommending the reappolntment of Mtchelle Thomas and the new appointments of Melissa Wilson and Dr. Stephen Ponder.) OTHI~R INDIVIDUALS EXPRESSING INTEREST Mariah J. Henderson Co-Owner/Physical Therapist, OPPT, Inc. Received a B.A. in Physical Education and M.A. in Physical Therapy. Co-ow'ncr of The Pilates Training Center and Advisory Board member of the Del mar Physical Therapy Assistant Program_ (11-04-04) Laura L_ H~b~ Jesse Molina Dr. Stephen Ponder Kai-Li Tsai Dr_ Melissa Wilson Professional Imumnce Advisor, Arvak Insurance Group. President of CBAHU, President of Delta Gamma, RCIA teacher and member of Easter Star 354_ (10-16-02) Counselor Intern, Recovery Campus of Texas. Received B.S. from Southwest Texas State University and a Masters in Counseling from Texas A & M University- Corpus Christi. (4-08-04) Pediatric Endocrinologist, Children's Physician Services. Received B.S. fi.om Texas A & M University, M.D. fi'om University of Texas Medical Branch School of Medicine in Galveston. Activities include: Annual Pediatric Conference Program Director, DCI-I1~ Credentialling Subcommittee, Diabetes Camp at Sea, DCH Managed Care Subcommittee for Complaints and Appeals. (Il-J-04) Assistant Professor, Texas A & M University - Corpus Christi. Received M.S_ in Health Policy and Management from Harvard School of Public Health and Ph.D. in Health Services Administration from UCLA School of Public Health. (10-13-03) Self-employed consultant Recetved B.S. fi.om University of Texas at Austin and M.D. from University of Texas Southwestern. Member of the Nueces County Medical Society, Diabetes Consortium and CAPWELL. (03-10-03) CORPUS CItRISTI CONVENTION AND VISITORS BUREAU BOARD - One (1) vacancy with term to 7-31-06 representing the Restaurant category. DUTIES: To create a consciousness on the part of the citizenry of the Corpns Christi Bay Area of the potential trade advantages of the visitor industry; create a comprehensive publicity, advertising and promotional program to solicit and att[act conventions and visitors to the Corpus Christi Bay Area and provide appropriate services connected therewith; promote and assist programs of information, education, recreation and development of visitors to such areas; and create friendly relations between the citizens of the area and visitors_ COMPOSITION: Fifteen (15) members selected directly by the City Council. The members shall be representatives of the following groups: 3 - lodging industry; 2 - restaurant industry; 2 - area attractions; 1 - air/ground transportation industry;, and 7 - community at large. The above members shall include persons fxom all areas of the City in order to assure diverse geographic representation on the Board. The Mayor, City Manager, Port of Corpus Christi Authority, Corpus Christi International Airport and the Coastal Bend Regional Tourism County, or their designees, shall serve as additional non-voting members of the Board. Appointments will be for staggered, three-year terms; provided that the t~m of office of any member who is a public official shall coincide with his or her term of public office. No person may serve as a voting member for a period longer than six years consecutively, unless such service is required by virtue of the person's position or title or to complete an unexpired term. ORIGINAL MEMBERS TERM APPTD. DATE Dave Prewitt (At Large), Chairman 7-31-05 06-12-01 Tom Schm.id (Attractions), Co-Chair 7-31-07 02-20-01 Curt L. Broomfield (Restauran0 7-31-06 09-09-03 Bert Quintanilla (At large) 7-31-05 02-22-00 Govind Nadkami (At large) 7-31-06 02-22-00 Jody Patel (Lodging) 7-31-05 02-22-00 Bill Goin (Ara'actions) 7-31-05 02-22-00 *Patrick O'Boyle (Restaurant) 7 -31-06 07-22-03 Vangie Chapa (Transportation) 7-31-07 07-22-03 Bill Morgan (Lodging) 7-31-07 05-16-00 Kevin Latone (Lodging) 7-31-06 07-08-03 Sandi McNorton (At large) 7-31-07 03-02-04 Foster Edwards (At large) 7-31-06 05-11-04 John Trice (At large) 7-31-07 02-22-00 Dan Viola (At large) 7-31-05 05-08-01 John Valls (Pon of Corpus Christi) Ex-Officio Dave Hamrick (Corpus Christi International Airport) Ex-Officio Ann Vaughn (Coastal Bend Regtonal Tourism) Ex-Officio Mayor Ex-Officio City Manager Ex-Officio *Resigned (NOTE: The Corpus Christi Convention and Vlsltors Bureau Board is recommending realigning the/it Large posttion currently held by Dave Prewitt to fiH the Restaurant positlon. Mr. Prewttt Is now the Food Service Manager for SSP Partners and would meet the Restaurant category requirement. Per the Convention and Visitors Bureau's agreement with the Ctty, the Board is required to submtt more names than vacancies. Therefore, the Board is recommending J.J. Gottsch, Matt Martin and Jack Rush for consideration to fill the ~It Large position.) OTHER INDMDUALS EXPRESSING INTEREST Gloria C. Aguilar Self-e~nployed tax consultant. Community activities include: Campfire Girls VITA Coordinator for six years and Del Mar distribution for t~n years. (At Large) (1- 16-03) Linda Avila Dean of Community Outreach, Texas A & M - University- Corpus Christi. M.Ed. in School Principalship and Ph_D in Educational Administration_ Member of the Ar~ and Cultural Commission, Women's Shelter Board and the Regional Leaders Forum. (6-26- 0s) J.C. Ayala Owner/Travel Agent, Let's Travel. Current member of the Chamber of Commerce and Hispanic Chamber of Commerce. Graduate of Mexico Tom-isa'no. (~It Large) (S-11-04) Edna Balboa Co-ow'ncr, Challenge Quest, Inc. B.A. in Pohtical Science, December 2001. Community activities include the following: Vice-President of Edgeworks, member of the Coalition for the Advancement of Women, and Youth Odyssey volunteer. (~It Large) (6-19-01) Dale D. Berry Director of Development, Texas A&M - Kingsville. B.A. from Howard Payne University. Professional and community activities include the following: Beautify Corpus Christi and the Association of Fund Raising Professionals. (At Large) (1-24-02) Michael Bermz~ Vice President, Men-ill Lynch. Received B.S. in Finance fxom Oklahoma State and M.A. from Oklahoma City University. (At Large) (4-27-04) Debra Bruce Owner/Manager, Thritty Car Rental_ Member of the Rotary Club of Corpus Christi and past president, K.EDT Board of Directors and the Corpus Christi Chamber of Commerce. Received the award from Y Women in Careers. (Transportation) (8-11-04) Kent Byus, Ph.D. Irene Chavez Aaron Cooley Klm Erwin Lmda Figueroa Eddie Cram ez Associate Professor in the College of Business, Texas A&M-Corpus Christi. Ph.D. from New Mexico State University and M.B.A. form Texas Tech Umversity. Recipient of the Volunteer of the Year Award in 2000 from the Greater Muskegee Area Chamber of Commerce, Muskogee, Oklahama. Strategic planning consultant to Northeastern State University, Tahlequah, Oklahoma~ (~It Large) (10-18-02) Assistant Director of Coramunity Relations, Corpus Christi State School_ B.A. in Speech Communication fi.om St. Mary's University. Community activities include the following: Founding member and treasurer of the Coastal Bend Cesar Chavez Committee, Coastal Bend Alliance for Youth member and Assistant Community Relations Liaison for the Volunteer Services Council of the C.C. State School. (At large) (6.04-02) Executive Director, The Center for One America. Received a B.A. in Anthropology and M.A. in Education fi'om the University of North Carolina. Professional memberships include: American Educational Research Association, Comparartive and International Education Society, Popular Culture Association and Philosophy of Education Society. Extensively traveled through Central America and Europe. (,,It Large) (3-18-04) Owner/Broker, Realty World Island Properties. Received B.A. fi-om Dana College and is currently working towards Masters in Business Administration. Activities include: Vice President of Padre Island Development Association, Kiwanis Club, Avance and Women's Council of Realtors. (AtLarge) (8-16-04) Office Manager/Paralegal, Ysassi & Ysassi, P.C. Attended University of Houston and Texas A & I University. Member of the Texas Democratic Women and the Robstown RIDC. (At Large) (9-30-04) Refinery Accounting Superintendent, Valero Refining Company. B_B.A_ in Accounting fi.om Corpus Christi State University_ Licensed C.P.A. since 1982. Community ae. tivities include: Lead.Up Corpus Christi Class 31, Valero Volunteer Council President, and former membex of Crime Control and Prevention District board of directors. (At Large) (10-28-02) Al "Beto" Garcia Retired lab technician, CPC International. One of the founders of the Texas Jazz Festival, which promotes our city both nationally and internationally. Involved with the Texas Jazz Festival Society. (At large)(12-05o02) Gerardo M. Garcia Owner, Hae. ienda Construction, Inc. Graduate of Del Mar College. Member of the Homebuilders Association, President of the Builders Association and Board of Directors of the Texas Association of Builders. (,,it Large) (3-19-04) Herbie Garcia, Jr. President, Netxeadygo.com, Inc. M.B.A. and B.B.A. in MIS fi-om Texas A&M-Corpus Christi_ Member of Hispanic Chamber of Commerce, LULAC and Who's Who in Information Systems Processing. Work history includes Senior Planner with the City of Houston and Manager in Texas Governor's Office during the Ann Richards administration. (At large) (7-02-03) John Garcia Director of Sales and Marketing, Ramada Umted Airport. Ambassador with the Corpus Christi Chamber of Commerce and a member of the Ha.floor lights committee. (At Large) (9-03-03) Mary Ga.rrett President, Mary Garrett & Associates. Fifteen year's sales and marketing experience in hospitality industry_ Her company recently recognized as one of five largest meeting management companies in Texas. (At Large)(7- 02-03) Liana E_ Gonzales Attorney, Self-employed. Received B.B.A. from University of Texas and J.D. fxom University of Texas School of Law. Activities include: Texas Employment Lawyers' Association, The Lakes Homeowners' Association and the Cattle Baron's Ball Table Sales Committee. (,,it Large) (2-26-04) J.J. Gottsch President, Corpus Christi Hooks. Received B.S_ from Texas Christian University in Radio- Television-Film Production and additional hours in Mass Media and Spanish Language. Activities include: Board of Directors for the Round Rock Chamber of Commerce, and the American Cancer Society. Received the Round Rock Rotary club's "Shining Star" award for outstanding comm~linty s~/ice in 2001. (Attractions) (S-11-04) Coretta Caaham Assistant District Attorney, Nueees County Dis~-ict Attorney's Office. Member of the Nueces Cotmty Community Action Agency and the Corpus Christi Young Lawyers Assocation. Currently serves on the Community Youth Development (78415) Program Steering Committee. (,,It Large) (3-09-04) Thomas J. "Tom" Hallick Vice-President of Operations, Avis Rent A Car. Community activities include the following: SEA Board Member, Beefiest, Chamber of Commerce, and CCA State Board member. Recipient of the Volunteer of the Year Award f~om Chairmanship of Kids Place Addition. (/It targe) (6-25-02) Doreen M_ Harrell Community Coordinator, Grande Communications. Received B.A. in Commumcatious with a minor in Public Relations from Texas A & M University - Corpus Christi. Activities include: Team Grande, Grande Passion and Commitment Investment Club Board Advisor, Corpus Christi Chamber of Commerce and the Corpus Christi Hispanic Chamber. (At Large) (8-09-04) Dom L. Hidal~ Clinical Record Administrator, MHMR of Nueces County. Registered health ~dmlnlstration technician. Member of the Coastal Bend Health Information Management Association and President of the South Texas Amigos de Mexico. (/ltLarge) (9-29-04) Britt Hinkle General Manager, Continential (Transportation) (7-22-03) Express_ James Jones Self-employed. Received B_S., M.A and Ph.D. DLrector of Hotel/Motel/Condo Association, Director of Hospitality Sales and Marketing Association and the Arts and Cultural Commission. Received the Small Business Advocate of the Year award and the President's Award from the Hotel/Motel Association. (At Large) (4-30-04) J.P. Jordan Owner/Operator, Crystal's Restaurant. Received an Associates degree from Del Mar College and attended Corpus Christi State Univemty and Texas A & I. Member of the Executive Board for Corpus Christi Crime Stoppers. Award the "Wall of Honor" from Del Mar College and Padre Soccer Coach of the Year. (Restauran0 (8-29-03) Robert T. Lacy, Sr_ Randy Lara David Loeb Mary Ann Lopez Man Martin Jimmy Mitchell Elaine Motl Retired Ford dealer - 31 years. Community Activities include the following: Board member of Crime Stoppers and Beautify Corpus Christi_ Past President of the Coastal Bend Car Dealers. Active with the Robstown Lions Club, Ford Advertising Board, and the Better Business Bureau. (At large) (4-09-02) Marketing Specialist, Driscoll Children's Hospital. Attended Southwest Texas State University. Active with the Young Professionals Club, C.C. Chamber of Commerce ambassador, and Koch Coastal Bend Community Advisory Council. (At large) (7-02-03) Development Coordinator, Landlord Resources. Received a B.A. in Government and a B.A_ in Economics from Skidmore College_ Member of the Downtown Management District Parks and Open Spaces Committee and Director of the Heart of Corpus Christi. (At Large) 0-31-04) Legal Assistant and local Disc Jockey. Marketing Director of the South Association. (At Large) (3-15-04) Currently the Texas Heart Vice President/Market Manager, Clear Channel Broadcasting. Received a Marketing degree fi.om Texas Tech University. Activities include: Board member for Texas Association of Broadcasters, Hispanic Chamber of Commerce, Regional Economic Development Corporation and Chamber of Commerce. (At Large) (11-02-04) Naval Officer/Substitute Teacher, Retired Military/Flour Bluff Independent School District. Received B.S. fi.om Central State University. Currently working on A.A. m Hospitality management at Del Mar College. Currently a member of the Navy League_ (At Large) (8-02-04) President]Owner, E.M. Marketing Company. Extensive experience as an event producer including the following: Executive director of Harbor Lights Festival, Race Producer of Allen Samuels Chevrolet Powerboat Shoot- Out, and Event Producer for the U.S. Open Windsurfing Regatta_ Member of the Corpus Christi Rotary Club, International Festivals Association and the American Advertising Federation. Recipient of Race Course of the Year Award in 2000.(At large) (6-27-02) Yvonne Mendez Anna Mercado-Flores John David (J.D_) McDowell Mary McQueen Frank "Rocco" Montesano Leanne Mulholland Jamie Pyle Owner, Advantage Realty. Received various special courses for Real Estate Broker, and Management in Mortgage Brokerage. Member of the Local State and National Realtors Associations, and the Affordable Housing Committee of the Corpus Christi Board of Realtors. (At Large) (4-20-04) President, International Meeting Planners. Past Chairperson of Hispanic Chamber of Commerce. Winner of Outstanding Community Service Award. (At Large) (At Large)(3-02-02) General Manager, Outback Steakhouse. Works and assists in local charity events_ Member of the Coastal Bend Restaurant Association. (RestauranO (8-28-03) Marketing, Texas State Aquarium_ B.B.A. in Management and Marketing, C.C.S.U. Leadership C.C. Alumni, Class XIV Past distinctions include the following: three award-winning advertising campaigns for Texas A&M-CC (1993-99) and CCSU-USCC Student Leadership Award (1991)_ (7-02-03) (Attractions) Executive Director, U.S.S. Lexington Museum. B.S_, United States Naval Academy; Master's in Public Administration fxom St_ Mary's University_ Member of Convention and Visitors Bureau Interim Board (Chairman of Nominating Committee), Navy League. Associate Professor for St. Mary's University. Has received two Legion of Merit awards. (/lttractions) (7- 02-03) Program Coordinator, Texas A & M University - Corpus Christi. Member of Phi Thetta Kappa Honors Club, Corpus Christi Young American Bowling Alliance Board, King Softball Booster Club and volunteer with Cullen Middle School. (AtLatge) (2-02-03) 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 Member, After Hours Qinlters Vice President, Leadership Corpus Christi and Texas Society of Professional Surveyors. Olt£arge) (8-09-04) Z. Paul Reynolds Bill Richmond Dr. Keith Rose Jack Rush Crreg Salvo Robert Schulte Bernard (B J) Seal Clark Smith Jerry Smith Assistant Director of the University Center, Texaa A & M University - Corpus Christi. Received B.Ed., University of Texas and M.S. Ed. and Ed_D, University of Pennsylvania Activities include: Association of College Unions International, National Association of Student Personnel Administrators, Paths of Courage and GLSEN Finance Committee Member. (At Large) ($-11- Senior Partner, Wienerschnitzel. Received B.S. from the Texas A & M University. Member of the CCCC Foundation, Leadership Corpus Christ and FOCUS. (RestauranO (1-08-04) Self-employed physician. Owner, Katz 21_ Received B.S. from Baylor University and M_D. fi-om University of Texas Medical Branch. Member of the American College of Emergency Physicians and Physician liaison for SWAT Team. (RestauranO ($-04-03) Managing Agent/General Manager, Port Royal Ocean Resort Condominiums. Member of the AH&LAJAAA Marketing Task Force. (AtLarge) (4-21-04) Sales and Marketing, Delta Restaurant Supply. Activities include Sunrise Rotary Club President- Elect, Corpus Christi Area Council for the Deaf, Coastal Bend Restaurant Association and Salvation Army Board. (,,It targe) (7-02-0.~) Project Manager, Ocean House. Attended some college. Nominated by Men-iH Lynch for "Enterpreneur of the Year" award. (At Large) (4-07-04) Owner, Bernard's Deli and Catering Services. Received a B.A. in Psychology and a minor in speech Southwest Texas State University. Active in Little League. (Restauran0 (7-21-03) Broker, The Village Realty. Received B_A. from Baylor University. Attended Corpus Christi State University and Del Mar College for continuing education in Computer Science and Real Estate. (At Large) (2-02- O4) Director of Sales, Solomon P. Ortiz International Center. Received an Associates Degree in Hotel Management. Activities include: Coastal Bend Hospitality Sales and Marketing Association, Corpus Christi Hotel/Motel Condo Association, Chamber of Commerce and Convention and Visitors Bureau Industry Partner. (At Large) (4-27-04) Marilyn K. Spencer Director of Centers for Academic Success & Advising, Texas A&M University~2orpus Christi. Ph.D. and M.A. in Economics. Professional and community activities include: Board of Directors of the Corpus Christi Area Council for the Deaf and President of the Southside Rotary Club. Research has included studies of state and local revenue and expenditure decisions, Hispanic labor force issues and local community consumer confidence. (At targe) (12-05-02) Debbie Flores Wallace Executive Dkector, Corpus Christi Symphony Orchestra. Received B.A_ from Corpus Christi State University_ Member of the Corpus Christi Chamber of Commerce Membership Comm~ttec, Boy Scouts, and the Distinguished Citizen Dinner. (.dtLarge) (2-24-04) Curtis Weidner Case Manager, Communities in Schools. M.S. in Secondary Education and M.S. in Educational Administration. Member of the Coastal Bend Advocacy Development Program. (At Large) (11-22-02) Megan M. Welch Office Manager, Moffitt and Associates, Inc. BBA in Management from Texas A & M Un/vetsity - Corpus Christi. Member of the Society of the Advancement of Management and the Society of Human Resource Management. Volunteers with the American Cancer Society, Coastal Bend AIDS Foundation and Driscoll Children's Hospital. (At £arge)(4-25-03) c. LIBRARY BOARD - Three (3) vacancies with two-year terms to 11-05-06. DUTIES: The committee shall be advisory to the City Council and its duties shall be to investigate and recommend to the Council matters relating to hbrary services. COMPOSITION: Ten (10) members, eight (8) members shall be appointed for two-year t~mss by the City Council and two (2) members shall be ex-officio members. The president of the La Retama Club shall be ex-officio with vote and the president of the Friends of the Corpus Christi Public Libraries shall be ex-officio without vote. MEMBERS Treva Bedwell, Chair *Yvoune Klystrs, Vice-Chairperson Barbara Silwmtan Reynaldo Rodriguez **Margaret Moss Charles Burnes Dr. C. Thomas Cron *Dr_ A.N.M. Waheeduzzaman Robin Carter, Pres., La Retama Club Ken Kellar, Pres_, Friend of Libraries Sue Stanford ORIGINAL TERM APPTD. DATE 11-05-05 3-10-98 11-05-04 12-12-00 11-05-05 11-11-03 11-05-05 11-13 -01 11-05-04 12-08-98 11-05-05 3-10-98 11-05-05 11-13-01 11-05-04 11-12-02 Ex-Officio Ex-Officio Honorary, non-voting *Seeking reappointment **Has met six-year limitation and is ineligible for reappointment AT[ENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. NAME THIS TERM PRESENT Yvonne Klystra 10 8 Dr. A.N.M. Wabeedn~?aman 10 7 OF ATrENDANCE LAST TERM YEAR 8O% 7O% OTHER INDIVIDUALS EXPRESSING INTEREST Mary C. Christmas Program Advisory for Library Services, Corpus Christi Independent School District_ Received M.S. in Cumculum and Instruction and additional certification in Reading Specialist with Learning Resources. Member of the ALA, TLA, CCEPSA and C.C. Cathedral. (10-1~-04) Joyce Green Temporary Receptionist, Weight Watchers. Received Bachelor's in Business Administration. Volunteers her time in area public schools. (lO- l &04) Peter K~mtu-Mensah Assistant Professor of Computer & Math Sciences, Texas A&M University42orpus Christi. Ph.D. from University of Maine; M.S. from Ohio State University. Member of the Texas Society of Professional Surveyors and the American Society of Photogram. (9-24-04) Lucy McCracken Partner, The Write Group. Received B.A. from the University of Oklahoma_ Activities include: Women's Shelter of South Texas, La Retama Club, Esperanza Garden Club, and The Karen henry Foundation Public Relations Chair. (10-20-04) 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, Atter Hours Quilters and Leadership Corpus Christi. (8-09-04) LANDMARK COMMISSION - Seven (7) vacancies with t~m~ to 11-20-06 and 11-20-07 representing the following categories: I - History Professor, 2 - .Architect, 1 - Title Search, and 3 - Regular members. (Note: Staff is recommending postponing the appointment of the History Professor posttion to allow for recruitment of additional resumes.) DUTIES: To promote the use of historical and cultural landmarks for the culture, prosperity, education, and general welfare of the people of the City and visitors to the City. COMPOSITION: Fifteen (15) members nominated by individual City Council Members and appointed by a majority vote of the Council. Insofar as possible, the numerical composition shall correspond to the ethnic, gender, and economic dislribution of the City according to the last Federal Ceusus report. All members shall have knowledge and experience in either the architectural, archaeological, cultural, social, economic, ethnic or political history of Corpus Christi. Representation of the following competencies shall be appointed as members to the commission: Two (2) historians, two (2) licensed real estate salespersons, two (2) registered architects, one (1) structural or civil engineer, two (2) history teachers, one (1) person knowledgeable in title search and/or property surveyor and five (5) other members. No one profession will constitute a majority of the membership. ORIGINAL APPTD. DATE Myron Grossman (Real Estate), Chairperson 11-20-06 *Kevin Mamist (Regular Member), Co-Chair 11-20-04 Bunny Tinker (Historian) 11-20-06 *Julia Nguyen (History Professor) 11-20-05 Herb Momson (Regular Member) 11-20-06 **David Wallace (Regular Member) 11-20-04 ***David Brown (Architect) 11-20-04 Richard Moore (History Teacher) 11-20-05 ***SusanAbarca (Title Search) 11-20-03 Craig Thompson (Regular Member) 11-20-05 Elmon phillips (Engineer) 11-20-05 Grandis Lenken (Real Estate) 11-20-05 ***Tom Kreneck (Regular Member) 11-20-04 David Blanke (Historian) 11-20-05 *Jim Bright (Architect) 11-20-06 5-15-01 9-8-98 5-15-01 3-02-04 3 -02-04 3-02-04 3-02-04 7-11-01 5-15-01 3-02-04 8-24-99 7-08-97 9-12-00 11-12-02 3 -02-04 *Resigned **Not seeking reappointment ***Seeking reappointment (Mr. Jim Bright (Architect) has been unable to attend scheduled meetings due to a medical condition. The Landmark Commission is recommending that Mr. Bright be appointed as an advisory member. ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO~ NAME THIS TERM PRESENT Susan Abarca (Title Search) 10 7 David Brown (Architect) 7 5 Thomas Kxeneck (Regular) 10 7 % OF ATTENDANCE LAST TERM YEAR 70% 72% 70% OTHER INDIVIDUALS EXPRESSING INTEREST Michelle Geiger Sales/Business Development, First American Title Company. Attended the University of Southern California and Harvard University. Activities include: Junior League, Bayfest and Capital Club member of the Texas Real Estate Participation Action Committee. (Regular member) (2-24-04) Peter Kuntu-Mensah Assistant Professor of Computer & Math Sciences, Texas A&M University42orpos 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. (Regular member) (9-24-04) Jamie Pyle Vice President, Pyle & Associates, Inc. Received B_S. in Civil Engineering fi'om Oklahoma State University. Activities include: Boy Scout Venture Troop Advisor, Southside Rotary Club, After Hours Quilters and Leadership Corpus Christi. (Regular member) (8-09- O4) Nita Selby Owner, Selby Properties. Received Texas Real Estate Broker's License. Has been involved in the Women's Shelter, Columbus Ships volunteer and Museum of Science and History. (Real Estate or Regular member)(2-02-04) Peggy Shirley Real Estate Broker/Owner, Century 21 Island Estates. Attended Del Mar College and received Real Estate Training fi.om Texas A & M University - College Station. Volunteers for various activities at Flour Bluff Independent School District in both sports and academics. Founding member of the Seashore Learning Center - Charter School. (Real Estate or Regular member)(1-29-04) Clark Smith Broker, The Village Realty. Received B.A. fxom Baytor University. Attended Corpus Christi State University and Del Mar College for continuing education in Computer Science and Real Estate. (Real Estate or Regular member) (2-02-04) O. Wayne Watldns Owner/Developer, Self-employed. Attended Mercer College, Army Command and General Staff College and licensed as an Architect for the State of Texas. Army Colonel Retired USAR Single Family Homebuilder. (Architect) (2-02-04) e. WEED AND SEED STEERING COMMIT'rEE - Two (2) vacancies with two-year t~ms to 11-01-06 representing Site I and Site 2_ DUTIES: Provide program oversight and make recommendations to City Council. COMPOSITION: A total of eleven committee members. The City Council shall appoint two (2) residents each from Site 1 (North) and Site 2 (West). One representative shall be appointed by each of the following entities: Corpus Christi Police Department, West Oso lsD, Corpus Christi 1SD, Housing Authority, County Attorney's office, District Attorney's Office and the U.S. Attorney's office. A Weed and Seed Program staff member and the Park and Recreation Department Program Director shall serve as ex-officio, non-voting members. The U.S. Attorney representative will serve az Chairperson of the Committee. The Chairperson votes only in the event of a tie and becomes the tiebreaker. This committee will expire on August 31, 2004, unless funds for the program end sooner. MEMBERS Debra Hohle (U.S. Atty.), Chairperson *Peggy Beazley (Site 1) Mae Milligan (Site 1) *Juan Meave Jr. (Site 2) Lucio Garcia (Site 2) Chief Pete Alvarez (CCPD) Georg Johnmn (CClSD) Richard Franco (Housing Authority) Laura Garza Jimenez (County Atty.) Dr. Maarice Portis (West Oso lsD) Gail Gleimer (District Attorney's Office) George Hodge (Weed and Seed) David Ondriaz (Park and Recreation) Ex-officio, nonvoting 11-01-04 11-01-05 11-01-04 11-01-05 Ex-officio, voting Ex--officio, voting Ex-officio, voting Ex-officio, voting Ex-officio, voting Ex-officio, voting Ex-officio, nonvoting Ex-officio, nonvoting ORIGINAL APPT. DATE 11-09-99 12-16-03 11-12-02 11-09-99 *Seeking reappomtment ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO~ NAME THIS TERM PRESENT Peggy Beasley (Site 1) 12 9 Juan Meave (Site 2) 12 9 % OF ATTENDANCE LAST TERM YEAR 75% 75% OTHER INDIVIDUALS EXPRESSING INTEREST Herbert Milligan Retired. Activities include: Member of St. John's Baptist Church, local NAACP chapter and the United States Steel Workers Union. (Site D 6t2-09-03) 3 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving a supply agreement with Quadrant Productions, Corpus Christi, Texas for Video Productions Services, in accordance with Request for Proposal No. BI-0087-04, for an estimated annual expenditure of $30,000. The term of the contract is for twelve months with options to extend for up to two additional twelve-month periods, subject to the approval of the contractor and the City Manager, or his designee. This service will be utilized by the Public Information Department. Purpose: This supply agreement shall be for turnkey projects involving pre- production, field production and post production for various commun/cations such as 30-minute programs for broadcast on government channel, public service announcements, presentations, educational programs, Video News Releases, and other purposes. Quadrant Productions will be responsible for full completion of multiple programs based on proposed hourly and daily rates for all costs involved for an estimated annual expenditure of $30,000. Proposals Issued: Twenty-Tkree Proposals received: Two Award Basis: The evaluation team, comprised of team members from Public Information and Purchasing, developed a matrix of the evaluation criteria. The evaluation criteria components set forth in the proposal included: (1) Price, (2) Resources, (3) Time of Completion, (4) Quality of Work, and (5) Overall Response to the RFP. The evaluation team reviewed each RFP Proposal response and completed the evaluation matrLx. Vendor rankings based on this scoring method are shown in the attached evaluation matrix. As a result of the evaluation, the team has selected Quadrant Productions, as the best valued supplier for this opportunity. Funding: Public Information 11470-1020-530000 Procurement & General Services Manager $30,000. Evaluation Criteria Price Resources Tlrne Of Completion Quality Of Work General SCORE CITY OF CORPUS CHRISTI SUMMARY EVALUATION MATRIX VIDEO PRODUCTION SERVICES Quadrant Productions Corpus Chdsti, Tx Maximum Points Points Awarded 30 points 20.87 20 points 20 15 points 15 30 points 30 5 points 5 90.87 Reel Simple Video Corpus Chdsti, Tx Points Awarded 3O 5 14 25 3 77.0 4 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving a supply agreement with Alpha Building Services, Corpus Christi, Texas for custodial service for the main police building in accordance with Bid Invitation No. BI-0073-04, based on most advantageous bid for an estimated annual expenditure of $65,503.20. The term of the contract is for twelve months with an option to extend for tip to two additional twelve-month periods, subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Police Department in FY 04-05. Purpose: Previous Contract: Bid Invitation Issues: Bid Received: Price Analysis: Basis of Award: Funding: The custodial service will be performed at the Police Main building located at 321 Sartain St. The option to extend the current contract has been exercised, requiring the City to issue a new bid invitation. Eight When compared to the previous contract of November 2000, pricing has remained stable. Most Advantageous Bid Corpus Christi Janitorial Services, Corpus Christi, Texas submitted the apparent low bid. However, their performance under a similar contract was deficient and the contract was ultimately terminated due to poor performance. The instructions to bidders allow the City to use past performance in awarding all future contracts. Police Department 530210-11870-1020 $65,503.20 Michael~arreL,~ ,~.,. Procurement & Gene~ Services Manager CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION BID INVITATION NO.: BI-0073~4 CUSTODIAL SERVICE FOR POLICE DEPARTMENT'S MAIN BUILDING BUYER: MARIA GARZA VENDOR QTY UNIT CORPUS CHRISTI JANITORIAL SERVICE 12 MO CORPUS CHRISTI, TEXAS UNIT PRICE TOTAL PRICE $5,429.00 $65,148.00 2. ALPHA BUILDING SERVICES CORPUS CHRISTI, TEXAS 12 MO $5,458.60 $68.803.20 3. JG & T JANITORIAL SERVICES, INC. CYPRESS, TEXAS 12 MO $5,640.00 $67,680.00 4. ONESOURCE FACILITY SERVICES, INC. CORPUS CHRISTI, TEXAS 12 MO $5,715.00 $68,580.00 5. MEMBER'S BUILDING MAINTENANCE, LTD. DALLAS, TEXAS 12 MO $5,947.03 $71,364136 6. M.O.S.T. JANITORIAL SERVICES, INC. CORPUS CHRISI, TEXAS 12 MO $6,471.00 $77,652.00 7. PLATINUM JANITORIAL SRV CORPUS CHRISTI, TEXAS 12 MO $7,205.25 $86,463.00 Ailhough the apparen[ Iow bidder, Corpus Christi Janitorial Services' performance under a similar contract was deficient and the contract was ultimately [erminated due [o poor performance. As such, sb3ff is recommending an award [o Alpha Building Services, Corpus Chdsti, Texas. The ins[ructions to bidders allow the City to use past performance in awarding all ~Jture contracts. 5 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving a supply agreement w/th the following companies for the following amounts for mowing of Water Production Facilities in accordance with Bid Invitation No. BI-0005-05 based on low bid for an estimated annual expenditure of $151,296. The term of the contracts will be for twelve months with an option to extend for up to two additional twelve-month periods subject to the approval of the contractors and the City Manager or his designee. Funds have been budgeted by the Water Department in FY 04-05. Lagmna Services, Inc. Corpus Christi, Texas Group I $61,206 Sierra Services Sinton, Texas Group II $90,090 Grand Total: $151,296 Purpose: Previous Contract: Bid Invitations Issued: Bids Received: Price Analysis: Award Basis: Funding: The contractors will be required to maintain the lawn and turfs of facilities located within the O. N. Stevens Filter Plant. pump stations and storage tank facilities located throughout the City. The option to extend the current contract was exercised, requiring new bids to be received. Seventeen Three Pricing has increased approximately 17% since the last contract of August, 2001. According to the previous conlractor, Laguna Services, Inc., the increase is due to the high cost of fuel. Low Bid Water Department 520000-4010-31010 520000-4010-30000 520000-4010-31500 Michael B3rrera, C.P.M .lvl/' Procurement & General/Services Manager $88,506 10,500 52,290 Total: $151,296 BID INVITATION NO: B1~OO5-05 CITY OF CORPUS CHRISTI MOWING OF WATER PRODUCTION FACILITIES PURCHASING DEPARTMENT BUYER: MARIA GARZA BID TABULATION LAGUNA SERVICES INC. SIERRA SERVICES DOUBLE A'S LAWN SRV CORPUS CHRISTL TX S~NTON, TX CORPUS CHRIS~, TX ITEM DESCRJPTION QTY UNIT Ur~t Pdce To~a~ Price Unfl Price ToLal Pdce Unit Price Tot,~ Phr~ GROUP I - O. N. STEVENS FILTER pLANT 1 O.N. Slevens Wal~'Treat]'rren[ Plaflt 21 Cycle $1,21900 $25,599.00 $1,5OO.00 $31,500.00 N/A consisting of ap~ox. 40 acres 2 Pre-SedJmentalion Besin 21 Cycle 379.00 7,g5g.00 1,000.00 21,000.00 N/A consistin(j o~ approx. 20 acres 3 Firebreak Roads 12 Cycle 2,304.00 27,648.00 4,320 00 51,540 OO N/A consislJr~j ~ approx 96 acres Total Group I $61.206.~ 3104,340.00 Group ri 4 C~rnnirx~t~m PacflLty 7 Hc~ly Rd. Pump Sta[i~ & Ball Park consi$§ng ot' akoprox. 14 & 14 acres 8 Caldwe~l Pump Statlcm consistinB o~approx 45 acres 9 Savage Lane Pump Station c~nslsting or approx. 13 acres 10 Padre Isiand Pump Slation consis~ng o[ ~x. 0.2 acre.s 11 Flour Bluff Storage Tank Fac[lib/ c~nsis§ng ot' ap~ox I acze 12 AJameda S[~-age Ta~k Facility consistir[j o[ approx I ~ 13 Gollihar St~'age Tank Facility conslslir~g ofaplxox I acre 14 Leopard Easement consislJng of approx. 19 acre~ 15 Water U~ities Bldg co~slsLIn~j ot approx. 5 acres 16 BLaples SIreel Pump Sta6o~n c~sis6ng o[ approx. 15 acres ToLal Group II 21 Cycle $ 5C6.00 $10,626.00 $500.00 $10,500.00 $45~.00 $g,450.00 21 C~:le 24g.00 5,229.00 200.00 4,200.00 125.00 2,625.00 (*) 12 Cycle 249.00 2,g88.00 50~.00 6,000.00 650 00 7,800.00 2~ Cycle 894.00 18.77400 800,00 16,800.00 1,660.00 35,280.00 21 Cycle 352 00 7,392.00 2g0.00 6,090.00 225.00 4,725.00 (*) 21 C~;le 352 O0 7,392.00 450.00 9,450.00 650 00 13,650.00 21 Cycle 121.00 2,541.00 100.00 2,100.00 40.00 840.00 21 Cycle 121.00 2.541 00 100.00 2,100.00 50.00 1.050.00 21 Cycle 121.00 2.541.00 100.00 2,1 00.00 50.00 1,050.00 21 Cycle 121.00 2,541,00 100.00 2,100.00 50.00 1,050.00 12 Cycle 570.00 6,840.00 550.00 6,600.00 1,520.00 18,240.00 21 Cycle 590.00 12,390.00 500.00 10,,500.00 2,50.00 5,250.00 21 Cycie 59(I.00 12,390 O0 550.00 11,550.00 780.00 16,380 O0 S94,185.00 S 9"0.09'0.00 Sl17,3g0.00 TOTAL AWARD ~151 ~296.00 No{e: (*) The bid Invll:aUon Indicated awards wo~JId be made by groups. 11m grouping or' properties was required due to Spec~l terms and condlUons apflllc~ble [o prop~rUes located within the O. N. Stevens FIIte~ Plant and to encourage opUrnal p~clng based o~ volume discount. 6 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving a supply agreement with Martin Marietta Materials, Corpus Christi, Texas for Flexible Base Caliche in accordance with Bid Invitation No. BI-0002- 05, based on low bid, for a total amount of $212,250.00. 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 kis designee. Purpose: Bid Invitations Issued: Bids Received: Previous Contract: Pricing Analysis: This material will be used by the Street Department for street pavement maintenance and rehabilitation and is used by the Gas, Water and the Wastewater Departments when making utility cut repairs to streets. Solid Waste Services uses this material to construct temporary roads at the Elliott Landf'fll. Twenty Three Two Option to extend was exercised, requiring new bids to be received. When compared to the previous bid of 2001, pricing has risen by 6.2%. Award Basis: Low Bid Funding: Street Solid Waste Water Wastewater Gas 520130-1020-12410 $91,150 520130-1020-12420 1,050 520130-1020-12430 1,050 520130-1020-12520 100,000 520130-4010-31520 5,000 520130-4010-31505 3,000 520130-4200-33400 6,000 520130-4130-34130 5,000 $212,250 CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: PAUL J. PIERCE Item Des~iption 1 0 Flexible Base Caliche, Item 247, Type D, Grade 6, TX Dot Spec. D1 1.1 F.O.B City Storage Yard, 5352 Ayers 1 2 F.O.B. Job Site, West ol~ Corn Prod. Rd. 13 FOB Job Site, East of Corn Prod Rd. [o Airline Rd. 1,4 F.O.B. Job SIte, East of Aldlee Rd to inclode Padre Island 2.0 Lime Treated Flexible Base Caliche, Item 247 and 263, Type D, Grade 6, Tx Dot Spec.(Min. 2% IJrne) D2 2.1 F.O.B Job Site, Elllet Laodfill, 7001 Ayers SI]~et, 3.0 Flexible Base Crushed Ltmestone, item 247 and Item 263, Type A, Grade 1, City waives the Tdaxial Class 1, 'r'x DOT Spec. D3 3.1 F.O.B. C~/Storage Yard, 5352 Ayem Sheet, 3.2 FO B. Job Site, West of Com Prod. Rd 3.3 F.O.B Job Site, East of Com Prod. Rd. Io Aidine Rd. 3.4 F.O.B. Job Site, East of Aidine Rd to ledude Padre Island 3.5 F.O.B. Job Site, Elliot Landfill, 7001 Ayers Street, BID TABULATION BI-0002-05 Flexible Base Caliche Martin Marietta Matedal Landscape Solutions Corpus Christi, TX Corpus Chdsti, TX Unit I Extended Unit I Extended Qty. Pdc~ Price Price Price 6,000 $10.50 $63,000.00 $32.00 $192,000.00 1 (30 10.50 1,050.00 32.00 3,200.00 100 1050 1,050 00 32.00 3,200.00 100 11 50 1,150.00 32.00 3,200.00 2,500 11 00 27,500.00 37.00 ~,500.00 1,000 13 75 13,750.00 37,00 37,000.00 500 1400 7,000.00 37,00 1 B,500.00 3,000 13 75 41,250.00 37.00 111,000.00 2,000 14 50 29,000.00 37.00 74,000.00 2,000 13.75 27,50~.00 37.00 74,000.00 TOTAL ~_2~,2_~0:00 $60B,60~.00 7 COUNCIL MEMORANDUM Motion approving the purchase of 450 pistols m~d accessories from the following companies for the following amounts in accordance with bid invitation No. BI-0015-05, based on low bid for a total amount of $266,955.02. The equipment will be issued to Police Officers of the Corpus Christi Police Department. Funds are available in the Police Law Enforcement Trust Fund. OMB Police Supply Lenexa, KS $191,000 GT Distributors, Inc. Austin, TX $75,955.02 GRAND TOTAL: $266,955.02 ************************************************************************************* Purpose: These are replacement items that will be used by the Corpus Christi Police Department in protecting and servmg the citizens of Corpus Christi, Texas. Bid Invitations Issued: S~xteen Bids Received: Six Award Basis: Low Bid Funding: Law Enforcement Trust Fund 520090-1061-00000-821001 Police 520090-1020-11790 $250,408.02 16,547.00 $266,955.02 Procurement & General Services Manager CITY OF CORPUS CHRISTi PURCHASING DMSION BUYER: PAUL J. PIERCE DESCRIPTION QTY UNrT BID INVITA33ON NO B1-0015-05 .40 CALIBER BEM]-AUTO/~ATiC PISTOLS, AI~eDNrrloN & HOLSTERS ~ POLICE SUPPLY GT DISTR/~UTORS DURY'S GUN SHOP, INC YANKEE OUNSNI~TH LENAXA, K// AUSTIN, TX SAN ANTONIO, TX COPPERAS COVE, TX UNIT EXTENDED UNIT EIk'TEN DEO UNIT EATENDEO UNIT EXTENDED JAMES F. VWlICHT PRECISION DELTA CORP CARUSLE, KY RULEVll~ MS UNrF EXTENDED UNIT ~iENDED PRICE PRICE pRICE PRICE NO BID NO BID NO BID NO BID NO BID NO BID G R~d~IO TOTAL: $2~6,9~.02 8 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 11109/04 AGENDA ITEM: A. Motion authorizing the City Manager or his designee to enter into an interlocal agreement between the City of Corpus Christi Police Department and the City of Dallas Internet Crimes Against Children Task Force under the Internet Crimes Against Children (ICAC) Task Force Program, U.S. Department of Justice, and to execute all related documents. B. Ordinance appropriating $25,000 from the City of Dallas for the Internet Cdmes Against Children Task Force Program in the No. 1061 Police Grants Fund. ISSUE: Approval of the intedocal agreement and appropriation of funds to continue participation in the Intemet Cdmes Against Children Task Force. BACKGROUND: The City of Dallas has applied for and received from the Department of Justice a grant to target child solicitation and child pornography over the Intemet in the State of Texas. Both the City of Dallas and Corpus Chdsti received funds over the past 2 years to establish the task force, and this intedocel agreement will continue their child pornography enforcement efforts in the state of Texas. The City of Dallas will reimburse the City a sum not to exceed $25,000 for expenses incurred for training, equipment, overtime, travel and undercover expenses as the Police Department deems necessary for the operation to combat Intemet Cdmes Against Children. REQUIRED COUNCIL ACTION: Approval of the agreement and appropriation of funds. PREVIOUS COUNCIL ACTION: Approval of the first ICAC July 24, 2001 for a two-year grant. FUNDING: There is no match required by the City. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the grant and appropriation of the funds. Attachments: Interlocal agreement INTERLOCAL AGREEMENT CITY OF DALLAS AND THE CORPUS CHRISTI POLICE DEPARTMENT STATE OF TEXAS COUNTY OFDALLAS This INTERLOCAL AGREEMENT is made and entered into by and between the City of Dallas, hereinafter called "City" and the Corpus Christi Police Department, Texas, hereinafter called "Corpus Christi Police Depaxhnent". WITNESSETH: WHEREAS, the Interloeal Cooperation Act, Chapter 791, Texas Government Code, provides authorization for any local government to contract with one or more local governments and with agencies of the State of Texas to perform governmental functions and services under the terms of this act; and WHEREAS, the Interact Crimes Against Children Task Force is a grant program funded under an award by the United States Department of Justice, hereinafter called "DOJ" through their Office of Juvenile Justice and Delinquency Prevention, hereinafter called "OJJDP" under the Federal Missing and Exploited Children's Program; and WHEREAS, City and the Corpus Christi Police Department desire to enter into an agreement regarding the Dallas Interact Crimes Against Children Task Fome; and WHEREAS, the City of Dallas, for its Police Department, has applied for and received from DOJ a grant to target ch/Id solicitation and child pornography over the hatemet in the State of Texas, the grant period rum from July 1, 2003 through December 31, 2004; and WHEREAS, the grant is entitled Intemet Crimes Against Children, hereinafter called "Project", and WHEREAS, the Dallas Police Department has asked the Corpus Christi Police Department to participate in fulfilling the purpose of the grant. NOW THEREFORE, THIS INTERLOCAL AGREEMENT is hereby made and entered into by City 'and the Corpus Christi Police Department for the mutual consideration stated herein: For the consideration hereinafter agreed to be reimbursed by the City of Dallas fi.om the Intemet Crimes Against Children grant funds, the Corpu~ Christi Police Department undertakes, covenants and agrees: to provide appropriate staff and resources to investigate and prosecute Internet Crimes against Ckildren and to assist the Project in achieving the goals of the program. II. As consideration for the servtces contracted for herein, City agrees to reimburse the Corpus Christi Police Department a sum not to exceed Twenty-five thousand dollars ($25,000.00). This sum is to reimburse the Corpus Christi Police Department for expenses incurred for training, equipment, overtime, travel and undercover expenses, as they deem necessary for their operation to combat Interact crimes against children. The Corpus Christi Police Department shall invoice the City monthly or if not monthly then at least quarterly. Reimbursement for allowable expenses incurred shall be made within thirty (30) days after receipt of a correct invoice detailing the expense fi.om the Corpus Christi Police Department. Invoices shall be mailed to: Financial and Contract Management unit Dallas Police Department 1400 S. Lamar Street, Room 2W65 Dallas, Texas 75215 During the performance of this Inteflocal Agreement, the City and the Corpus Christi Police Department agree to the following: Each agency shall, to the extent permitted by law, save and hold harmless and defend the other agency fi-om and against all claims and liability for loss, damage, or injury or death of third parties caused by or attributable to its own employee(s) engaged in activities of the Project. Each agency will, to the extent permitted by law, accept liability, under the Worker's Compeusatmn Act, in the event personal injurie~ occur to 'their employee(s) while engaged in Project activities. Each agency shall, to the extent permitted by law and during the entire time of participation, maintain sufficient insurance to cover its obligation and liability for its employee(s). This will include, but is not limited to, coverage of the employee and vehicle, while operating a vehicle, where applicable. Each agency may, in lieu of purchasing liability insurance, elect to be self-insured but will be responsible for all risks of loss and actual loss as specified herein. Any and all furniture and equipment purchased with grant funds shall be purchased by the Corpus Christi Police Department using the grant funds and title to the fumiture and equipment will remain property of the Corpus Christi Police Department. IV. The term of this Agreement shall be from July 1, 2003 through December 31, 2004. This Agreement may be extended by mutual agreement of the parties hereto, or terminated by either party upon thirty (30) days prior written notice thereof to the other of its intention to terminate upon the date specified in such notice. Any notice, payment, statement, or demand required or permitted to be given hereunder by either party to the other may be affected by personal delivery in writing or by mail, postage prepaid_ Mailed notices shall be addressed to the parties at the addresses appearing below, but each party may change its address by written notice in accordance with this section. Mailed notices shall be deemed communicated as of three days after mailing If intended for City, to: Copy to: David M. Kunkle Chief of Police Dallas Police Department 1400 S. Lamar Street Dallas, Texas 75215 Mary IC Suhm Interim City Manager City of Dallas City Hall, Room 4/F_J'N 1500 Marilla Street Dallas, Texas 75201 If intended for Corpus Christi Police Department to: Copy to: Pete Alvarez Jr. Chief of Police Corpus Christi Police Department 321 John Sartain St. Col~us Christi, TX 78401 George K_ bloc City Manager City of Corpus Christi 1201 Leopard St. Corpus Christi, TX 78401 VI. Tl'fis Agreement may be mended by the mutual agreement of the parties hereto in writing to be attached to and incorporated into this Agreement. VII. l.n case any one or more of the provisions contained in this Agreement shall be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenfomeability shall not affect any other provision thereof and this Agreement shall be construed a.s if such invalid, illegal, or unenforceable provision had never been contained herein. VIII. This Agreement supemede~ any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof, and no other agreement, statement, or pmrnise relating to the subject matter of this agreement, which is not contained herein, shall be valid or binding. EXECUTED this 15 th day of September 2004, by City, by and through its duly authorized officials pursuant to Resolution No. 04-2579, and by the Corpus Christi Police Department by and through its duly authorized officials. However, the effective date of this Agreement is July 1, 2003. CORPUS CHRISTI POLI. CE DEPARTMENT CORPUS CHRISTI, TEXAS By:- , Pete Alvarez Jr. Chief of Police Corpus Christi Police Department CITY OF DALLAS Mary K_ Suhm, Interim City Manager / k,._C~_ a:r. les W_. _D~iels ~sistant City Manager By:. George K. Noe City Manager Corpus Christi, Texas Approved as to Form: Madeleine B. Johnson City Attorney ORDINANCE APPROPRIATING $25,0~) FROM THE CITY OF DALLAS IN THE NO. 1061 POMCE GRANTS FUND FOR THE INTERNET CRIMES AGAINST CHILDREN TASK FORCE PROGRAM; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $25,000 from the City of Dallas is appropriated in the No. 1061 Police Grants Fund for the Internet Cdmes Against Children Task Force Program. SECTION 2. That upon v. itten request of the Mayor or five Council members, copy attached, the City Coundl (1) finds and declares an emergency due to the nc~ for immediate ac~:m necessary for lite effident and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of ~ volJng upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of ,2004. THE CRY OF CORPUS CHRISTI , mando City Secre~ Samuel L Neal, Jr. Mayor APPROVED: ,2CX:)4 Assistant City Attorney for City Attorney Corpus Christi, Texas Day of ,200~1 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the [easons 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 meelJngs: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, at f~e present meeting of the City Council. Respectfully, Respectfully, or Samuel L Neal, Jr., Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott 9 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: November 9, 2004 AGENDA ITEM: A: Resolution authorizing the City Manager, or tyro City Manager's designee, to accept a grant fi.om the Texas Commission of the ,Nls in the amount of $2,296 in the No. 1067 Federal/State Grant Fund for the Corpus Christi Festival of the Arts 2004. B. Ordinance appropriating a grant from the Texas Commission of the Arts in the amount of $2,296 in the No. 1067 Federal/State Grants Fund for the Corpus Christi Festival of the Arts 2004; and deciadng an emergency. ISSUE: The Arts and Cultural Commission of the City of Corpus Chdsti Park and Recreation Department coordinated and sponsored the Second Annual Corpus Christi Festival of the Arts 2004. Although we went to council to seek approval to submit for the grant, when it wes awarded we failed to get approval to accept and then to appropriate the grant. Part of the confusion was TCA widng payment to the City without stating where it was to go, followed by their sending an additional check. We have now cleared up matter of funds with TCA and need to move forward on accepting and appropriating the funds. The festival celebrates and promotes Corpus Christi as a cultural center by showcasing its diversity of artistic and cultural expression in the areas of music, dance, theater, cinema and the visual arts. The previous art festival proved to be highly successful in attracting tourism to the Coastal Bend area. We are in the process of planning next year's festival and have been notified that we will be receiving a grant to assist with funding the event. REQUIRED COUNCIL ACTION: Council action is required to authorize the City Manager or his designee to appropriate these funds. FUNDING: Texas Commission on the Arts CONCLUSION AND RECOMMENDATION: Staff recommends that the Council pass an ordinance authorizing the City Manager or his designee to appropriate funds. pS:l~ aG~V~kjeirat~n RESOLUTION AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S DESIGNEE, TO ACCEPT A GRANT FROM THE TEXAS COMMISSION OF THE ARTS IN THE AMOUNT OF $2,296 IN THE NO. 1067 FEDERAL/STATE GRANT FUND TO BE USED FOR THE CORPUS CHRISTI FESTIVAL OF THE ARTS 2004. BE IT RESOLVED BY THE CI1-Y 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 Commission of the Arts in the amount of $2,296 in the No. 1067 Federal/State Grant Fund to be used for the Corpus Chdsti Festival of the Arts 2004. A'I-I'EST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor Approved: October 20. 2004 Corpus ChdstJ, Texas Day of ,20__ The above resolution was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javler D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott Page 2 of 2 H :~-EG~D~R\~gaR\~y~e~:~`es~u~n\1~2~4D~T~xas~C~mmiss~n~Ads~CC~Fest~va~Arts2~4 .doc Page 1 of 2 ORDINANCE APPROPRIATING A GRANT FROM THE TEXAS COMMISSION OF THE ARTS IN THE AMOUNT OF $2,296 IN THE NO. 1067 FEDERAL/STATE GRANTS FUND FOR THE CORPUS CHRISTI FESTIVAL OF THE ARTS 2004; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That a grant in the amount of $2,296 is appropriated in the No. 1067 Federal/State grants fund for the Corpus Chdsti Festival of the Arts 2004. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of ,2004. A'rrEST THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor Approved: October 20, 2004 H:~.EG~R~O~gaR'~3oy~elO~llna nces\102gO4DC.g~anLTxComm~rts Fa stJvaI.Arts.20(34.doc Page 2 of 2 Corpus Chdsti, Texas Day of ,20 TO THE MEMBERS OF THE CITY COUNCIL Corpus Chdsti, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr., Mayor 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 H:~- E C.-~)IR'~Ofg a F~Oo~4e\O~dlna nc. es\ 102004DC.Gr anLTxComm.Arts Fes ~aI.Ar~s 2004.doc 10 AGENDA MEMORANDUM November 9, 2004 SUBJECT: Old RTA Facility- 1024 Sam Rankin AGENDA ITEM: a. Resolution authodTJng the City Manager o¢ his designee to accept $27,322 fr~m a Texas Commissio~ on Environmental Quality Pre-Approved Expenditure Ccant in the No. 1071 Grant Fund to provide funding fa Mitigation Measures at the old RTA Facility, 1024 Sam Rankin. b. Ordinance appropriating $27,322.00 from a Texas Commission on Environmental Quality pre-approved expenditure grant in the No. 1071 Grant Fund to provide funding for Mitigation Measures at the Old RTA Facility, 1024 Sam Rankin; and declaring an emergency. Motion authorizing the City Manager, or his designee, to execute Amendment No. 11 in the amount of $28,122.00 with Delta Environmental Services, Inc. of Corpus Chdsti, Texas, for mitigation services associated with a removed underground fuel storage tank at the Old RTA Facility, 1024 Sam Rankin. ISSUE: Additional mitigation is required before TCEQ will allow site closure. FUNDING: Funds will be available from the Federal/State Grants Fund No. 1071 upon appropriation and FY2004-2005 Environmental Programs budget. TCEQ will only fund the pre-approved corrective measures requiring the City to pay for preparation of the reimbursement application packages. RECOMMENDATION: Approval of the resolution, ordinance and motion as presented. 'A obar, P.E. Date Director - Engineering Services Attachments: Exhibit A: Background Exhibit B: Location Map Date~'~ Director- Environmental Programs H:~H OME'C~EVINS~GE NWImGATI\UST~.9~U S T#2 ~AEAm d 11 Memo.doc ADDITIONAL INFORMATION BACKGROUND: The Old RTA Facility is located at 1024 Sam Rankin. The site was retained by the City when the RTA was established as separate governmental entity. The site had a leaking petroleum storage tank (LPST) on site that has been removed. Work to mitigate this and nine other sites began in 1996 with the award of two mitigation contracts. The mitigation at eight of the other sites has been completed and the cases closed by the Texas Commission for Environmental Quality (TCEQ -formedy TNRCC). Additional work to complete mitigation on the two remaining sites is necessary. The second site (Fire Station No. 10) was addressed by Council on June 10, 2003.) The approval of the appropriation ordinance provides funding to undertake mitigation efforts pre-approved by TCEQ for the Old RTA Facility. Mitigation is reimbursed by the state provided the work is pre-approved by the TCEQ. Mitigation efforts for non-enterprise departments were supported by the Liability and Employee Benefits Fund as part of a dsk mitigation program. Reimbursements were then posted to the Liability and Employments Benefits Fund as revenue. Reimbursements from TCEQ are now treated as a grant requiring appropriation pdor to expenditure. Prior Council Action: 1. March 5, 1996 - Motion authorizing the City Manager or his designee to execute a contract in the amount of $50,700 with Applied Earth Sciences, Inc. for consultant services at six sites provided through Underground Fuel Storage Tank Mitigation - Project No. 2 (M1996-061). 2. Sept. 24, 1996 -Motion authorizing the City Manager or his designee to execute a contract in the amount of $46,870.50 with Professional Services Industries, Inc. monitor well installation at six sites for the Underground Fuel Storage Tank Mitigation - Project No. 2 (M1996-290). 3. Sept. 24, 1996 -Motion authorizing the City Manager or his designee to execute a contract in the amount of $20,543 with Core Laboratories, Inc. for laboratory services at six sites for the Underground Fuel Storage Tank Mitigation - Project No. 2 (M1996-291). 4. June 10, 2003 - Ordinance appropriating $19,003 reimbursement grant from the Texas Commission for Environmental Quality in the No. 1050 Federal/State Grants Fund for mitigation measures at Fire Station No. 10 (Ordinance No. 025329). 5. July 8, 2003 - a. Resolution Authorizing the City Manager, orthe City Manager's Designee, to Accept a Reimbursement Grant from the Texas Commission for Environmental Quality In the Amount of $29,126 for Mitigation Measures at the Old RTA Facility, 1024 Sam Rankin. b. Ordinance Appropriating a $29,126 Reimbursement Grant from the Texas Commission for Environmental Quality in the No. 1050 Federal/State Grants Fund for Mitigation Measures at the Old RTA Facility, 1024 Sam Rankin; and Declaring Exhibit A Page 1 ol~ 3 H:~ OM E~EVIN S \G E r'~MITIGATI\UST~96 UST#2~,EAmd 11Bk~ExhA doc an Emergency. c. Motion authorizing the City Manager, or his designee, to execute a Amendment No. 9 in the amount of $29,126.00 with Applied Earth Sciences, Inc. of Corpus Chdsti, Texas, for mitigation services associated with a removed underground fuel storage tank at the Old RTA Facility, 1024 Sam Rankin. 6. July 20, 2004 - Ordinance appropriating $12,528.00 from a Texas Commission on Environmental Quality pre-approved expenditure grant in the No. 1062 Fire Grant Fund to provide funding for groundwater cleanup activities at Fire Station No. 10; by increasing appropriations by $12,528.00; and declaring an emergency. 7. September 14, 2004 - Motion authorizing the Assignment and Assumption of the Agreement between Applied Earth Sciences, Inc. and the City of Corpus Christi to Delta Environmental Consultants, Inc. (M2004-355) Prior Administrative Action: 1. Aug.11, 1997 - Award of Amendment No. I in the amount of $12,675 with Applied Earth Sciences for remediation and closure actions. 2. Mar. 27, 1998 - Award of Amendment No. 2 in the amount of $4,778 with Applied Earth Sciences for remediation and closure actions. 3. May 29, 1998 - Award of Amendment No. 3 in the amount of $619 with Applied Earth Sciences for product removal, TNRCC notification, and documentation. 4. Dec. 21, 1998 - Award of Amendment No. 4 in the amount of $4,258 with Applied Earth Sciences for additional non-aqueous phase liquids (NAPL) removal. 5. Sept. 14, 1999 - Award of Amendment No. 5 in the amount of $8,899 with Applied Earth Sciences for four quarters of additional NAPL removal and monitoring. 6. Feb. 22, 2000 -Award of Amendment No. 6 in the amount of $1,595 with Applied Earth Sciences for two additional months of bi-weekly NAPL removal. 7. Jan. 16, 2002 - Award of Amendment No. 7 in the amount of $5,863 with Applied Earth Sciences for three months of NAPL removal by hand bailing and product reports. 8. June 19, 2003 - Award of Amendment No. 8 in the amount of $19,003 with Applied Earth Sciences for two additional monitoring wells, four quarters of monitoring, and mobile dual phase extraction event at Fire Station No. 10. 9. May 14, 2004 - Award of Amendment No. 10 in the amount of $13,328 with Applied Earth Sciences for one additional monitoring well, four quarters of monitoring, and preparation of an annual monitoring report for Fire Station No. 10. Future Council Action: · Council appropriation of a future reimbursement grant for any additional mitigation measures and closure. · Council approval of any amendment requiring a fee in excess of the amount authorized administratively. Exhibit A Page 2 of 3 H:~,HOM E'~EVIN S~G E N~M ITIGATI\U S"1~96 U ST#?~,EAm d 11BkeExhA doc Amendment Description: The tasks being addressed by the amendment have been pre-approved by TCEQ. There are two tasks associated with amendment. Task 26 provides for: · continued quarterly groundwater sampling of MW-l, MQ-3 and MW-5 per previous TCEQ directives for BTEX/MTBE/THP (1005) with one PAH if needed. Annual sampling will be conducted on all wells at the site. MW-2, MW-4, MW-6A, MW-7, MW-8 and MW-9 will be sampled only for BTEX/MTBE as TPH analysis is not warranted as TPH for these wells are below TCEQ screening levels. Task 27 provides for: · three (3) 24-hour events of two-pump MDPE (mobile dual-phase extraction) for NAPL recovery at the site. Four (4) feet of drawdown of the water table is required to adequately access the zone of maximum NAPL impact. A report documenting completion of the events shall include the following: 3. A summary table showing all raw data including vacuum readings, field vapor concentrations, drawdown measurements, NAPL thicknesses, etc.; 4. Calculations used to estimate the amount of NAPL removed in the vapor phase (i.e. how were field/laboratory measured vapor concentrations converted to a "NAPL equivalent" amount; 5.Calculations used to estimate the amount of NAPL removed in liquid phase; 6.An estimate of the amount of NAPL remaining in the subsurface; and An estimate of the time required to remove the remaining NAPL using MDPE The total fee pre-approved by TCEQ for these tasks is $27,322. The amendment also provides for the preparation of a TCEQ grant reimbursement application for each task in the amount of $400 each ($800 total). TCEQ does not pay for the cost of preparation of reimbursement applications. Exhibit A Page 3 o[ 3 H:~H OM E'~,KEV1N S~G E N'~',,flTIGATI\U s'n96 UST#2~AEArnd 11BkclExhA.doc File : ~Mproj¢ct\councilexhiblts\exh4277. dwg NUECE$ BAY PROJECT LOCATION N ~ lt~RHAT~qALNF~T ~ LOCATION MAP NOT TO ~ Parl: ~ / LOBO ~ A ST'o z o ~ ~ ~ ~ ~ LIPA~ < o ) ( ~ ~ ~ ~ COMANCHE Oarz~ Park ~ CORPUS CHRISTI BAY N VICINITY MAP NOT TO SCALE EXHIBIT "B" MITIGATION MEASURES AT THE OLD RTA FACILITY CITY OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: I of 1 DATE: 11-09-2004 RESOLUTION AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE, TO ACCEPT $27,322.00 FROM A TEXAS COMMISSION ON ENVIRONMENTAL QUALITY PRE-APPROVED EXPENDrFURE GRANT IN THE NO. 1071 GRANT FUND TO PROVIDE FUNDING FOR MITIGATION MEASURES AT THE OLD RTA FACILITY, 1024 SAM RANKIN. BE rr RESOLVED BY THE CITY COUNCIL OF 'FHE CITY OF CORPUS CHRISTI, TEXAS; SECTION 1. The City Manager, or the City Manager's designee, is authorized to accept $27,322.00 from a Texas Commission on Environmental Quality pre-approved expenditure grant in the No. 1071 Grant Fund lo provide funding for mitigation measures at the old RTA facility, 1024 Sam Rankin. A I I ,-ST: THE CITY OF CORPUS CHRISTI An-nando Chapa City Secretary APPROVED: November 4, 2004 · BU ~Assistant City Attorney For Ck~/Attorney Samuel L. Neal, Jr. Mayor RESO 4 TCEQ Grnn£docAla Corpus Christi, Texas of ,2004 The above resolution was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melo<ty Cooper Henry GarretI Bill Kelly Rex A. Kinmson Jesse Noyola Mark Scott RE.SO 4 TCEQ GranLdoc.lla ORDINANCE ORDINANCE APPROPRIATING $27,322.00 FROM A TEXAS COMMISSION ON ENVIRONMENTAL QUAUTY PRE-APPROVED EXPENDITURE GRANT IN THE NO. 1071 GRANT FUND TO PROVIDE FUNDING FOR MITIGATION MEASURES AT THE OLD RTA FACIMTY, 1024 SAM RANKIN; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY, COUNCIL OF THE CITY' OF CORPUS CHRISTI, TEXAS: SECTION 1. That $27, 32.2.00 from a Texas Commission on Environmental Quality pre-approved expenditure grant is appropriated in the No. 1071 Grant Fund to provide funding for mitigation measures at the old RTA facility, 1024 Sam Rankin. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the ~,ccd for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of 2004. Ali=ST: THE CITY. OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: November 4, 2004 For City Attomey Samuel L_ Neal, Jr. Mayor Corpus Chdsti, Texas Day of ,2004 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Mayor City of Corpus Chdsti Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D, Colmenem Melody Cooper Henry Garr~tt Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott 11 AGENDA MEMORANDUM November 9, 2004 SUBJECT: Rincon Bayou Diversion (Projects No. 84~3) Award of Contracts for Monitoring Services AGENDA ITEM: a. Motion authorizing the City Manager, or his designee, to execute a contract with the Center for Coastal Studies, Texas A&M University - Corpus Chdsti not to exceed $111,000 for Ammonia and Biological Monitoring associated with the Rincon Bayou Diversion Project 2004-2005. Motion authorizing the City Manager, or his designee, to execute a contract with the Division of Nearshore Research, Texas A&M University- Corpus Christi not to exceed $104,550 for Salinity and Freshwater Inflow Monitoring associated with the Rincon Bayou Diversion Project 2004-2005. Motion authorizing the City Manager, or his designee, to execute a contract with the University of Texas Marine Sciences Institute, in an amount not to exceed $228,296 for biological monitoring services associated with the Rincon Bayou Diversion Project 2004-2005. ISSUE: The Texas Commission for Environmental Quality (TCEQ) requires biological monitoring to evaluating the effects of the Rincon Bayou Diversion Project. The monitoring will result in the data necessary to determine the project impact on pdmary production, phytoplankton biomass, species abundance and diversity and emergent marsh vegetation in the project area and nearby marshlands. FUNDING: Funds for these contracts are available in the Environmental Studies activities of the Water Department's FY2004-05 adopted Operating Budget. :d Mo~Ga~raME N D/~IO N: :proval of the motion as.,presented. · . ~g~l R. EscoDar, P. E. Director of Water Services 'Director of Engineering Services Attachments: Exhibit A: Exhibit B: Exhibit C: Exhibit D: AdditJonal Information Pdor Council Action Summaries of Contracts Location Map Page 1 o[ 1 ^ H:~-IOME~KEV1NSVGEN\WATER~RINCON\Year4\ Awardmemo doc ADDITIONAL INFORMATION SUBJECT: Rincon Bayou Diversion (Projects No. 8379 & 8416) Award of Contract for Biological Monitoring Services PRIOR COUNCIL ACTION: See Exhibit B. FUTURE COUNCIL ACTIONS: It is anticipated that Council will be requested to approve amendments to address monitoring for one additional year. Alan Plummer and Associates has worked with TCEQ to ensure the contracts address the scientific and permitting issues associated with the Rincon Diversion and the Allison VVVVTP Diversion projects. The City has worked closely with the Texas Commission for Environmental Quality (TCEQ) to develop a unified monitoring work program for the Rincon Diversion Project. The frequency and amount of future amendments will be based on the requirements of the Rincon Monitoring, and the level of monitoring required byAIlison project, as determined by an annual assessment. PROJECT OVERVIEW: Back~round: The City's overall strategy for long-term water supply includes the optimization of the existing freshwater resources in the Nueces River Basin. The current operating plan for the Choke Canyon/Lake Corpus Christi reservoir system includes requirements to provide freshwater inflow to the Nueces Estuary that diminish the dependable water supply for the region. The City completed a two- phased planning study that recommended the potential beneficial re-use of wastewater effluents as a means of enhancing the productivity of the Nueces Estuary that may alleviate part of the need to provide fresh water from the reservoir system. Monitorin.q: The biological and chemical evaluations being conducted will document the effects of the wastewater effluent and freshwater diversions to the Rincon Delta and Nueces Bay. The TCEQ requires that the effects of the discharge of the Project be monitored for productivity by measuring changes in biomass and growth rates of plant and animal communities in the Project area and nearby wetlands. CONSULTANTS INFORMATION: The Center for Coastal Studies (CCS) has conducted similar on-going monitoring in the Project area for the City or other agencies, such as the Corpus Christi Port Authority. As a result, CCS is singularly qualified to continue the provide monitoring Rincon Bayou Diversion Project for the duration of the Project in accordance with the parameters established by the City and the TCEQ. EXHIBIT A Page 1 of 2 H:~H OM E~'(EVIN S\GE N\WATE R~C{IN CON,Ye a r4\^AWD B KGExhlbdA.doc The Division of Nearshore Research (DNR) has been developed to address research related to coastal water resources. They were formally part of the Conrad Blucher Institute. The principal investigator that conducted salinity and freshwater inflow monitoring for the City during prior monitoring periods will do the monitoring during 2004-2005. UTMSI has conducted similar on-going biological and chemical monitoring in the Project area for the City or other agencies, such as the Corpus Christi Port Authority. As a result, UTMSI is singularly qualified to continue to provide monitoring Rincon Bayou Diversion Project for the duration of the Project in accordance with the parameters established by the City and the TCEQ. ^ H:~-~OM E'~EVIN S\G E N~WATE R'~RIN CO N\Yea r4\ AWDBKGExhibitA do.c EXHIBIT A Page 2 of 2 PRIOR COUNCIL ACTIONS 1. April, 1991 and April 1992. Approval of participation with the Port Authority, Corpus Christi Board of Trade, and the Texas Water Development Board (including partial funding) in the Nueces Estuary Regional Wastewater Planning Study, Phase I in April, 1991 ($25,000 of $150,000) and Phase II in Apdl, 1992 ($79,000 of $258,000). January, 1994. Approval of the Capital Improvement Program which included an Effluent Return Flows Pilot Project to evaluate the potential for meeting the requirement for water releases into the Bay Estuaries using wastewater diversion in lieu of freshwater releases. 3. March 1, 1994. Award of a contract in the amount of $117,500 to the joint venture of Urban Engineering and Govind & Associates for engineering services associated with the construction of an Effluent Diversion Demonstration Project (M94-051). September 26, 1995. Acceptance of an easement for a 28.109 acre effluent diversion site, a 1.019 acre pipeline easement, and a 25 foot wide temporary construction easement from Mr. O.S. Wyatt in connection with the Effluent Diversion Demonstration Project in return for the construction of a 2.5 inch water pipeline valued at $48,500 for livestock watering purposes (M95-284). October 15, 1996. Award of a contract in the amount of $18,850 to the Conrad Blucher Institute and the Center for Coastal Studies at Texas A&M University - Corpus Chdsti for continuous salinity monitoring in the Nueces Bay (M96-332) November 19, 1996. Award of a contract for consulting services with the Marine Sciences Institute of the University of Texas at Austin for Biological Monitoring of the Effects of Wastewater Effluent Diversions on Primary and Secondary Production in the Rincen Delta and Nueces Bay in the amount of $70,000 (M96-348). 7. Apdl 8, 1998. Acceptance of an Access Easement valued at $15,000 from Mr. John S. McGregor for access over a 20-foot wide road for the purpose of constructing and operating a dispersal facility (M97-73). 8. April 8, 1998. Award of contract in the amount of $825,621 with West Oaks Constructors, Inc. for construction of the Allison WWTP/Nueces Estuary Effluent Diversion Demonstration Project. November 24, 1998. Award of contracts for consulting services: a. in the amount of $52,500 with the Center for Coastal Studies (CCS) for Ecological/Biological Monitoring of Treated Wastewater Diversions in the Rincon Delta and Nueces Bay (M98-398); I ExhibitB I Page 1 of 4 b. in the amount of $90,500 with the Conrad Blucher Institute (CBI) for On-Going Salinity Monitoring in the Rincon Delta and Nueces Bay (M98-399); and c. in the amount of $84,500 with the University of Texas Marine Sciences Effluent Diversions on Primary and Secondary Production in the Rincon Delta and Nueces Bay. Institute (UTMSI) for Biological Monitoring of the Effects of Wastewater (M98-400). 10. September 28, 1999. Award of Amendment No. 1 for consulting services: a. in the amount of $55,500 with the Center for Coastal Studies (CCS) for Ecological/Biological Monitoring of Treated Wastewater Diversions in the Rincon Delta and Nueces Bay (M99-337); b. in the amount of $65,784 with the Conrad Blucher Institute (CBI) for On-Going Salinity Monitoring in the Rincon Delta and Nueces Bay (M99-338); and c. in the amount of $93,484 with the University of Texas Marine Sciences Effluent Diversions on Pdmary and Secondary Production in the Rincon Delta and Nueces Bay. Institute (UTMSI) for Biological Monitoring of the Effects of Wastewater (M99-339). 11. October 10, 2000. a. Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 to the contract for consulting services with the Center for Coastal Studies in the amount of $53,672 for Ecological/Biological Monitoring of Treated Wastewater Diversions in the Rincon Delta and Nueces Bay (M2000-360). b. Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 to the contract for consulting services with the Conrad Blucher Institute in the amount of $66,286 for On-Going Salinity Monitoring in the Rincon Delta and Nueces Bay (M2000-361). c. Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 to the contract for consulting services with the University of Texas Marine Sciences Institute in the amount of $110,953 for Biological Monitoring of the Effects of Wastewater Effluent Diversions on Pdmary and Secondary Production in the Rincon Delta and Nueces Bay (M2000-362). 12. Motion authorizing the City Manager, or his designee, to execute a contract for consulting services with Alan Plummer and Associates, Inc., of Austin, Texas, in the amount of $45,920 for Analysis, Evaluation and Report Preparation required by Texas Natural Resource Conservation Commission discharge permit related to the Wastewater Effluent Diversions in the Rincon Delta and Nueces Bay (M2000-363). 13. March 13, 2001 - Motion authorizing the City Manager, or his designee, to execute an engineering services contract in the amount of $40,000 with HDR Engineering for services related to the Re-Opening of the Rincen Overflow Channel and the construction of a pipeline from the Calallen Reservoir to the Nueces Delta for a price to be negotiated (M2001-106). 14. July 17, 2001 - Motion authorizing the City Manager, or his designee, to execute a Exhibit B Page 2 of 4 H:~OME~EVINS~EN\WATER~RINCON\Year4\^AwflPdorAc[IonsExhB.doc construction contract in the amount of $74,300 with Gallager Construction for the Rincon Diversion Project - Nueces Overflow Channel (M2001-273). 15. October 23, 2001 - Motion authorizing the City Manager, or his designee, to execute a consulting contract in the amount of $104,500 with Alan Plummet Associates, Inc., for Nueces Delta Monitoring Program, Program Coordination, and Report Integration Services (Rincon Bayou Diversions) (M2001-402). 16. November 13,2001 - a. Motion authorizing the City Manager, or his designee, to execute Amendment No. 3 to the contract for consulting services with the Center for Coastal Studies in the amount of $71,170 for Ecological/Biological Monitoring of Treated Wastewater Diversions in the Rincon Delta and Nueces Bay (M2001-421). b. Motion authorizing the City Manager, or his designee, to execute Amendment No. 3 to the contract for consulting services with the Conrad Blucher Institute in the amount of $87,470 for On-Going Salinity Monitoring in the Rincon Delta and Nueces Bay (M2001-422). Motion authorizing the City Manager, or his designee, to execute Amendment No. 3 to the contract for consulting services with the University of Texas Madne Sciences Institute in the amount of $173,664 for Biological Monitoring of the Effects of Wastewater Effluent Diversions on Primary and Secondary Production in the Rincon Delta and Nueces Bay (M2001-423). 17. June 25, 2002 - Motion authorizing the Cit'y Manager, or his designee, to execute a contract and to ratify services provided by the University of Texas Madne Sciences Institute, in an amount not to exceed $118,192 for biological monitoring services associated with the Rincon Bayou Diversion Project (M2002-179). 18. November 19, 2002 - Motion authorizing the City Manager, or his designee, to execute Amendment No. I to a contract with the University of Texas Marine Sciences Institute, in an amount not to exceed $165,748 for biological monitoring services associated with the Rincon Bayou Diversion Project (M2002-398). 19. September 30, 2003 - a. Motion authorizing the City Manager, or his designee, to execute a contract with the Center for Coastal Studies, Texas A&M University - Corpus Chdsti not to exceed $103,000 for Ammonia and Biological Monitoring associated with the Rincon Bayou Diversion Project (M2003-352) b. Motion authorizing the City Manager, or his designee, to execute a contract with the Division of Nearshore Research, Texas A&M University- Corpus Chdsti not to exceed $104,550 for Salinity and Freshwater Inflow Monitoring associated with the Rincon Bayou Diversion Project (M2003-353) c. Motion authorizing the City Manager, or his designee, to execute a contract with the Alan Plummer Associates, Inc. of Austin, Texas not to exceed $139,710 for: · Assistance with Allison Effluent Diversion Demonstration Project Studies and Reports; Support of Rincon Bayou Diversions Studies; H :~-IOM E~EV] NS~G E N\WATE R'~I NCO NWe a rZl\^Awd Prio rAc~ions Exh B,doc Exhibit B Page 3 of 4 Coordination of Studies for the Effluent Diversion Demonstration Project and the Rincon Bayou Diversions Project; and Assistance with Nueces River Basin Feasibility Study (M2003-354). November 18, 2003 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 to a contract with the University of Texas Madne Sciences Institute, in an amount not to exceed $191,545 for biological monitoring services associated with the Rincon Bayou Diversion Project (M2003--415). H:~HChM ~EVINS\GE N\WATER~INC ON\Yea r4\ AwdPdorActionsExhB doc Exhibit B Page 4 of 4 CONTRACT SUMMARY The City of Corpus Chdsti, Texas, hereinafter called "Cib/", and the Center for Coastal Studies at Texas A&M University - Corpus Christi, hereinafter called "CCS", hereby agree as follows: SCOPE OF SERVICES CCS's services will be those necessary to provide the monitoring required deliver an annual wdtten report corresponding to the three major tasks (Rincon Bayou Monitoring, Allison Diversion Project Monitoring, and Allison Ammonia Sampling). CCS will complete the tasks set forth by Section II.A as set forth in the research proposal attached as Exhibit A. A. TASKS Rincon Bayou Monitorinq- To provide the necessary data to evaluate the effects of freshwater diversions from the Nueces River into Rincon Bayou, and to determine if differences exist between the diversion site and comparable non- diversion sites, the following measurement tasks will be perfon'ned: 1. Species abundance, density, diversity, distribution, and biomass of benthic macroinfauna, and sediment grain SLZe analysis will be measured, 2. Species abundance, density, diversity, distribution, and biomass of epifaunal inverfebrates, and nekton in the Nueces Delta will be measured, 3. Number and typo of avian species along with habitat usage that notes location, date, and time will be monitored, 4. Physiochemical parameters that include but are not limited to water temporature, dissolved oxygen (% saturation and rog/L), pH, conductivity, and salinity will be measured. Allison Wastewater Diversion Project Monitorinq CCS will perform following tasks will be performed during the collection events: 1. Inspect the entire above ground pipeline route from the Nueces River to the three diversion cells for possible leaks or operational failure; 2. Inspoct all diversion cell walls for possible erosion or other failures which may hinder operations; 3. Inspoct all above ground inflow valves, pipos, and discharge points within the diversion cells for any signs o[ operational failure; 4. Visually inspect all perimeter fencing at the project for possible breaks; 5. Conduct bird surveys of the diversion cell area; 6. Provide for immediate inspection response, on a 24-hour on call basis, should the City of Corpus ChdslJ determine that a problem exists at the project area. Ammonia and Inspection Monitorinq - Allison Wastewater Diversion Project Based on existing pormit requirements issued by the Texas Commission on Environmental Quality the following tasks will be performed during collection events: 1. Water samples will be collected from each diversion cell three times each week and transported for Ammonia-Nitrogen analysis at the O.N. Stevens Water Quality Laboratory; Exhibit C-'I Page 1 of 2 H:~'IOM E'd~EV[N S\G E N\WATE R'~RIN CO N\Yea r4~Av~ S u m CC S ExhC 1 .doc PRODUCTS CCS will deliver an annual wriU~en report by December 31, 2005. The annual report will be wditen by the principal investigators. The comprehensive annual report will descdbe the results of the tasks associated with the Rincon Bayou and Allison Wastewater Diversion. Findings will be integrated and presented to assess the current status of the estuadne ecosystem of the Nueces Delta. All annual repods will be technical reports of the Center for Coastal S[[udies at Texas A&M University-Corpus Chdsti. The principal inves§gators involved with this project will assist the City of Corpus Chdsti, either through written or personal communication or direct presentation to the Texas Commission on Environmental Quality, should any proposed c~anges to the work plan be necessary. Principal investigators will participate in any meetJngs necessary to allow the City to coordinate the findings with other studies prepared by separate contract. No annual repod is required for the ammonia wa[:er sample collection or inspection-monitoring portion of the contract, Each chapter will incorpora~:e the results of the current year with that of pdor year data, Temporal and spal~al comparisons that display significant correlations or patterns among various parameters will be presented in graphic or tabular format. Compadsens with past studies and other neighboring studies will be made where data exist. FEES AUTHORIZED The City will pay CCS a fixed fee not to exceed $1 t 1,000 for providing all services. Exhibit C-'l Page 2 o[ 2 H:g-IOM E'~EVINS~GE N\WATE RV:~IN CO N\Yea r4 ~Aw~ S urnCCS ExhC 1 .doc CONTRACT SUMMARY The City of Corpus Christi, Texas, hereinafter called "Ci~', and the Division of Nearshore Research (DNR) at Texas A&M University - Corpus Chdsti, hereinafter called "DNR", hereby agree as follows: SCOPE OF SERVICES DNR will operata and maintain [lve salinity monitoring stations and one tidal/meteorological monitoring station in the Nueces River, Bay, and Delta. DN R services will be those necessary to provide the monitoring required deliver an annual wdtten report corresponding to the major tasks and objectives set forth by Exhibit A. DNR will complete the tasks as set fodh in the research proposal attached as Exhibit A. TASKS · Nueces Bay Salin~ Monitoring - Freshwater Inflow This is an ongoing project originating in the fall et 1991. Nueces Bay salinity monitoring by DN R consists of 2 monitoring platforms in the bay, one near Whites Point (SALT03) and the other mid bay, near the CPL power lines (SALT01), one station in the Nueces River (SALT05), and another in the delta (SALT04). Parameter measured at stations Salt01 and salt03 include salinity, conductivity, dissolved oxygen, water temperature, and pH. Stations Sol[e4 and Sal[O5 parameters will include salinity, water temperab. Jra, and water depth only. The stations are placed in such a manner to track fresh water in[lows into Nueces Bay using salin~ levels and the indicator. Relief for required freshwater releases may be taken by the City if the salinity levels in Nueces Bay tall below the Upper Salinity Bounds. A daily running report (http://lighthouse.tamucc.edu/salrel) produced by DNR shows the current freshwater relief status. · Nueces Delta Diversion Project- Freshwater Inflow The City has designed and is building a diversion channel [[rom the Nueces River into the delta. Most of this diveded dver water is designed to flow into the Rincon Bayou. UTMSI and CCS are presently conducting long-term biological studies et the effects o[[ this diversion. DNR and the City established a salinity monitoring station (SALT08) near the mouth et the Rincon in support of these efforts. Parameters measured at station Salt08 will consist of salinity, water temperature, and water depth only. · Nueces Bay Tidal and Meteorological Station The Texas Coastal Oceanic Observation Network (TCOON) operates a tidal/meteorological station (011) in the upper part of Nueces Bay at Whites Point. Support from the City is cdtical to the continued operation and maintenance et this station. Precise water level measurements [rom Mis station are used as a reference for work by the others in the various projects in the bay, dyer, and delta. · STATION SERVICE and MAINTENANCE Ail salinity and dissolved oxygen stations consist of a Hydrolab water quality sonde, a radio, modem, and 12 volt solar power system. Freshly calibrated Hydrolab units are exchanged with units on station every other week. The units are taken back to DNR for post calibration and preparation [or f~ture service. A maintenance agreement with HydrotechZS of Austin, Texas tor the continued reliability of the Hydrolab units has been in effect since 2001. Covered under this agreement are all components of the Hydrolab, ensudng that the instruments deployed are as good as, or better, than factory standards. · DATA COLLECTION A computer program wdU:en by staff at DNR polls each station every haiti hour. Five measurements are requested from each instrument, these 5 are then averaged. The houdy averages are then placed into the database and reported on the DNR web site. Daily salinib/repeals are produced showing the running ten and seven day averages as well as the dally average (http://lighthouse.tamucc.edu/salrpt). Monthly salinity in relation to the Upper and Lower Salinity bounds is found at http://lighthouse.tamucc.ed~salrel, which is used to determine ii" the City may take credit from freshwater release from the storage faciliides. · INSTRUMENT CALIBRATION All calibration standards used are NIST traceable, and purchased from HydrotechZS. Calibration and post- calibration methods used are those established by the manufacturer o[ Hydrolab. All calibration and post- calibration records are available on the DNR website, http://lighthouse.tamucc.edu/calib. An instrument maintenance agreement with HydrotechZS is used with each Hydrolab. Each unit is sent off annually for inspection and refurbishment. All components of the instrument are covered under the warranty agreement I £xhlblt C-2 Page 1 of 2 and replaced as needed. FEES AUTHORIZED The City will pay DNR a fixed fee not to exceed $104,550,000 [or providing all services during the contract term o[ October 1, 2004 through September 30, 2005. Exhibit C-2 Page 2 of 2 CONTRACT SUMMARY The City of Corpus Christi, Texas, hereinafter called "City", and The University of Texas at Austin, on behalf of the Marine Sciences Institute, hereinafter collectively called "UT" hereby agree as follows: Section II, Scope of Services, Paragraph B is amended to read: B. RESEARCH PLAN AND METHODS The specific research plan and methods for 2004-2005 are set i:orth in the Research Conb'act Proposal incorporated as Exhibit A o[ this amendment Section II, Scope of Services, Paragraph C, the first sentence is amended to read: C. PRODUCTS UT will deliver an annual wdtten report by December 31, 2005. Section II, Scope of Services, Paragraph D is amended to read: D. ORDER OF SERVICES The monitoring period will be for 12 months, from October 1,2004 through September 30, 2005. Section III, Fees Authorized, is amended to read: III. FEES AUTHORIZED The City will pay UT a total fixed fee amount not [o exceed $228,296 for Amendment No. 3. This l'ee will be r~ll and total compensation for all services provided and expenses incurred in performing the tasks specified in Section II. The restated total contract fee for the original contract as amended is not to exceed $703,781 for providing all services. This fee consists of: the original contract fee in the amount $118,192; a fee for Amendment No. 1 in the amount of $165,748; a fee [or Amendment No. 2 in ['he amount of $191,545; and a fee for Amendment No. 3 in the amount of 228,296. H:~HOM E~EVINS\GEN\WATER~RINCONWear4~AwardSumUTMSIExhC3,doc Exhibit C-3 Page 1 of 1 TO: TITLE: COST: PERIOD: PROPOSAL #: FROM: PRINCI?AL INVESTIGATOR: CO-PIs: RESEARCH CONTRACT PROPOSAL Mr. Kevin Stowers, Contracts/Funds Administrator City of Corpus Christi Engineering/Director's Office, 3~ Floor 1201 Leopard Street, Corpus Christi, TX 78401 Telephone: (361) 880-3506, Fax: (361) 880-3501 RINCON BAYOU DIVERSION PROJECT, BIOLOGICAL MONITORING, YEAR 4:2004 - 2005 $ 228,296 1 October 2004 - 30 September 2005 2660-0201/4 The University of Texas at Austin Marine Science Institute 750 Channel View Drive Port Amnsas, Texas 78373 Fax: (361) 7494777 Kenneth H. Dunton, Ph.D. Telephone: (361) 749-6744, e-mail: dunton ararararararararararararararararara~u~nnLutexas.edu Paul A. Monlagn~ a~ Ph.D. Telephone: (361) 749-6779, e-mail: paul(~tm~i,utexas_edu DATE: October 8, 2004 APPROVED: ~~c~ ~. Date: [~,1 1 5 ~[]0t~ Director, Office of Spousored Projects The University of Texas at Austin Main Bldg., Room 303, Campus Drive, Austin, TX 78705 OR: P.O. Box 7726, Austin, TX 78712-7726 Telephone: (512) 471-6424, e-mail: ospC~_,mail.utexas,edu Exhibit C4 Page 1-16 RINCON BAYOU DIVERSION PROJECT BIOLOGICAL MONITORING YEAR 4:2004 - 2005 University of Texas Marine Science Institute STATEMENT OF WORK 1. SUMMARY In South Texas, low annual rainfall, high evaporation, and diversion of river water to support growing municipal, agricultural and industrial needs have substantially reduced fxeshwater h-fflow into the Nuecos Estuary. Low freshwater inflow results in hypet~aline waters and soils that are diluted only through direct precipitation or by flooding of the Nueces River during extreme hydrographic events, such as the passing ofa ~xopical storm or hurricane (Texas Deparmtent of Water Resources, 1982; Bureau of Reclamation, 2000). Hypea~fline conditions compromise productivity of phytoplankton, benthos (bottom dwelling organksms) and emergent vegetation, eventually impacting productivity at higher trophic levels including finfish and shellfish. A previons demonstration project was conducted October 1994 throngh December 1999 by the Bt~eau of Reclamation (BOR). The BOR concluded that fire~hwater additions to the upper reaches of the Nncces Marsh had positive impact~ including decre, as~ soil and water column salinity, improved habitat quality and availability, and increased productivity of ~ome estuarine species (Bureau of Reclamation, 2000). In October 2001, the City of Corpus Christi (City) elected to continuo freshwater diversions through the Nueces River Overflow Channel ClqOC), which was initially created as the primary diversion channel in the BOR project. The City re-dug this channel to a depth of 0.3 m above mean sea level (MSL) to increase freshwater inflows into Rincon Bayou, the natural headwater of the estuary. In addition, future diversion plans include installation of a pipeline that can deliver up to 3.7 _ 106 m3 moq (3,000 acre-fi mo'~) from C. alall~n Pool to Rincon Bayou. To further understand the impacts of these freshwater diversions, the City has undertaken a long- term monitoring program_ Monitoring is required under the Texas Commission on Environmental Quality (TCEO0 operating role for the Nueces Estuary adopted 4 April 2001. Specifically, the rule requires the City to "implement an on-going monitoring and assessment program designed to facilitate aa adaptive management program for freshwater inflows into the Nuece$ Estuaxy." This proposal supports that monitoring requirement. Monitoring objectives include detecting changes in water column, benthos, em~rgcmt vegetation, and soil characteristics at several study stations along Rincon Bayou and the Nueces River. Monitoring at many of these stations began during the BOR Demonstration Project. 2. MONITOPdNG GOALS Monitoring goals include: 1) Determine if "no harm" occurs as a result of freshwater diversion from the Nueces River into Rincon Bayou. Exhibit C-4 Page 2-16 3 2) Assess the benefits of the diversion on primary and secondary productivity in Rincon Bayou. 3) Develop an optimal operational management procedure for freshwater pass-through~ based on sound science. 3. TASKS To achieve the above stated goals, the following l&sks will be performed: 1) Phytoplankton biomass (chlorophyll a) and water chemistry (e.g., nutrients, salinity, temperature) will be measured in the Nueces River, along Rincon Bayou, and in the Nueces Bay. 2) Water depth and water chemistry (~atlinity, conductivity temperature, pH) will be continuously monitored at one location in the Rincon Bayou approximately halfway between the NOC and Nueces Bay. 3) Bi0mass, abundance, density, diversity and species distribution of benthic infau, ua in Rincon Bayou will be determined and compared to relevant changes in water q,a!ity (e.g., salinity) and soil characterWdcs (e.g., sediment grain size). 4) Species composition, percent cover and distribution of emergent marsh vegetation along R. incon Bayou and the Nueces River will be quantified ill relation to tidal creek and soft pomwater parameters (e.g., salirfity, soil moisture and inorganic nitrogen levels). 5) Land~cape-scale changes in cover type and vegetation communitie~ will be assessed by aquiring new aerial images of the study area in September 2005 for comparkson to images acquired in September 1997. 4. F,F. SEARCH PLAN AND METHOD 4.1. EXPERIMENTAL DESIGN Studies will be conducted in the Nueces Estuary, Corpus Christi; Texas, Sampling stations are located at sites where baseline data are available, wkich will facilitate lhe assessment of ecosystem changes. Sampling methodologies will be similar to monitoring performed during the BOR Demonstration Project. The scope of the BOR Project, however, was limited to an area approximately 6.4 lan downstream from the NOC. Presumably, the effects of freshwater diversion through the channels will decrease with increasing dislaace from the Rincon Overflow Channel (ROC) and NOC, while the potential for marine forcing will be greatest at distances closest to the bay. The proposed sampling strategy includes areas from above the NOC to areas Exhibit C-4 Page 3-16 4 NQC Figure 1. Locations of the Rincnn Bayou Diversion Project monitoring stat. ions, the Nueces Overflow Channel (NOC), the Rincon Overflow Channel (ROC), and the Calallen Gauge. within Nueces Bay, approximately 12.8 km downstream (Figure 1). The NOC connects the Nueces River to upper Rincon Bayou, the headwater of the estuary. Flow through the NOC occurs when fiver water elevation reaches 0.6 m above MSL (1929 Datum). The ROC connect~ upper Rincon Bayou to an area of hypersaline tidal flats. Discharge exceeding 11.9 m3s-I and reaching levels of 1.14 m above MSL activates the ROC. Inflow through the NOC is measured at the United States Geological Survey (USGS) Rincon Gauge located in Rincon Bayou near Calallen (Station 08211503). This gauge was originally installed in May 1996, removed in August 2090, and re-installed in June 2002. Monitoring will be conducted at several stations located throughout the study area (Table 1, Figure 1). Water column characteristics and phytoplankton biomass will bo measured monthly at fourteen stations: four stations (168, 104, 104A, 104B) along the Nueces River system, five stations (466C, 400F, 463,451 and 450) along Rincon Bayou at various distances dovvaslxeam from the NOC, one station (301) at the confluence of Riacon Bayou and Nueces Bay, one station (303) within Nueces Bay, and two stations (254, 272) associated with the Allison Wastewater Effluent Diversion Demonstmfinn Project (EDDP). Several stations in the lower Rincnn Bayou (450, 451,272, and 254), Nueces River (104, 104A, 104B) and Nueces Bay Exhibit C-4 Page 4-16 (301) were funded and sampled as part of the Alhson Wastewater Treatment Plant EDDP. Although the EDDP ended as of I October 2003, UTMSI will continue to monitor these stations. Funding for monitoring these stations will be trangferred to the Rincon Project contract. All stations to be monitored by UTMSI as part of the Rincen Project as of 1 October 2004 are hsted in Table 1. Table 1. Sampling parameters and corresponding sampling stations. Sampling Parameter Continuous Water Level and Conductivity/Salinity Monthly Phytoplankton and Water Quality Benthos Emergent Vegetation and Sediment Characteristics * ET)DP stations Stations 463 104, 104A, 104B, 168, 272', 254*, 252', 301,303,400F, 463,450,451,466C 463,400F, 466C 254*,272%450,451,463,501,562 At each station, water depth, water clarity, temperature, salinity, dissolved oxygen, pH, chlorophyll a, and inorganic nutrients (ammollinnl, nitrate+nitrite, silicate and phosphate) will be measured monthly. Monthly sampling is recommended because it is a practical, cost-effective sampling frequency for documenting annual variation. Benthic infauna characteristics (Table 2) will be measured monthly at three stations within the upper and central portions of Rincon Bayou (466C, 400F, 463). Monthly sampling has been demonstrated to be most effeetive in past benthic studies. Each month, three replicate samples are collected at each station. Parameters and methodology will be compatible with previous studies in the Nueces Estuary. Benthic parameters at stations 450, 451,104, 104A and 301 will be determined monthly as part of a separate contract between the City and Texas A&M- Center for Coastal Studies. Emergent vegetation and related physiochemical parameters (Table 3) will be documented quarterly at seven stations: one reference station (501) located up gradient of the NOC and ROC; four stations (562, 463, 451,450) located at increasing distance downslxeam from the NOC; and two stations (254, 272) associated with the EDDP. 4.2_ ASSESSMENT OF HYDROGRAPHY, NUTRIENTS AND PHYTOPLANKTON In salt marsh ecosystems, changes in water depths and water column Chemistry can have significant impacts on water quality, phytoplankton biomass, and productivity. Water levels may directly influence salinity and temperature stratifications, which ia turn affects biota_ High water levels throughout the Rincon inundate adjacent marshes. The frequency and duration of these inundations have a critical effect on marsh mil and vegetation. To continuously measure water level, a water depth recorder will be installed at Station 463, which is located approximately Exhibit C-4 Page 5-16 ] 6 halfway between the NOC and Nueces Bay. A YSI datasonde will also be deployed at this location to continuously monitor salinity, conductivity, pH and temperature. The purpose of collecting more frequent water quality information is to gain a more complete understanding of the potential effects of freshwater diversions on this central location. Water depth and datnsonde data will be recorded hourly and downloaded monthly. Changes in salinity can also alter phytoplankton composition and abundance. In the BOR Demonstration Project, phytoplankton productivity was inversely correlated Io salinity (Bureau of Reclamation, 2000). High water column salinity stresses phytoplankton because internal salt regulation requires energy that could otherwise be allocated to growth and reproduction. Lower salinities decrease that sOress and thus tend to increase biomass production. Additional water quality characteristics such as nutrient concentrations, phytoplardcton, and water clarity ate expected to change as a result of fi-eshwater inflows. We expect the diluting effect of freshwater will decrease nutrients levels. High nitrogen and phosphorus levels can stimulate biomass production and promote algal blooms. Water clarity affects phytoplankton productivity due to its influence on light intensity and depth of the photic zone. Continuous water quality (pH, conductivity, salinity, and temperature) at Station 463 will be measured continuously with a YSI 600XLM-S multi-parameter datasonde. The following parameters are recorded (acCuracy and units): pH (=t= 0.2 units), conductivity (=t: 0_001 mS&m), and salinity (* 0.1 ppt), temperature (± 0.15 °C). Water depth will be measunxl with an OTI' O~himldes data logger. Monthly phytoplankton biomaqs (chlorophyll-a) and water qlmlity Will I~ ltJla[yzec[ using me~thods comparable to previous studies (Whitledge, 1991), including the R/nc. on Demonstration Project (Bureau of Reclamation, 2000). Chlorophyll-a concentrations will be analyzed Ilsing a non-a~idification technique as detailed by Welsehmey~r (1994; EPA method 445.0)_ Water samples will be filtered through Whatman GF/F filters and the filters will be extracted with methanol_ Chlorophyll-a concentrations will be measured with a Turner Design Model 10-AU fluommeter calibrated to a secondary solid standard (Turner Designs). Nutrient analysis will be conducted with a LaChat QC 8000 ion analyzer with computer controlled sample selection and peak processing (Zellweger Analytics, [nc.). Chemi~ries are as specified by the manufacturer and have ranges as follows: nitrate+nit~it~ (0.03-5.0 [tM; Quikchem method 31-I07-04-1-A), silicate (0.03-5.0 ~M; Quikchem method 31~114-27-1-B), nmmollillnl (0.1-10 [tM; Quikchem method 31-107-06-5-A) and phosphate (0.03-2.0 Quikchem method 31-115-01-3-A). Water clarity and depth will be measured with a secchi disk. Hydrographic measurements will be made at each station with a multi-parameter instrument OrSI 600XL and 610 DM Probe; Yellow Springs Instrument Co.) just beneath the water surface and at the bottom. The following parameters are recorded (accuracy and units): tempomture (± 0_15 °C), pH (+ 0.l un/ts), dizsolved oxygen (mgJl :t: 0.2 and percent saturation), depth (+ 0.018 m), and salinity (± 0.1 ppt). 4.3. BENTHIC INFAUNA STUDIES Changes in benthic species abundance, composition and distribution often serve as useful indicators of freshwater inflow effects (Montagna and Kalke, 1992). Estua_fine benthic infauna Exhibit C-4 Page 6-16 are particularly susceptible to changes in salinity because of their relative immobility. In the BOR Demonstration Project, freshwater inflow into the upper reaches of the marsh meliorated s~ess on benthic organisms and increased biomnss and abundance (Bureau of Reclamation, 2000). Proposed benthic monitoring is summarized in Table 2. Table 2. Benthic macrofauna and water column parameters to be measured at three stations (466C, 400F, 463). Items 1-3 is measured monthly. Item 4 is measured annually. 1. Benthic maerofauna abundance, density, diversity 2. Benthic macrofaulm biomass 3. Water column parameters (temperature, DO, pH, conductivity, depth, and salinity) 4~ Sedhnent graLn size The location of all monitoring stations will be established with a Crarmin Differential Global Positioning System (DGPS) with an accuracy of ±3 m. Three replicate macrofanna samples will be collected at each station with a 6.7-cm diameter tube, sectioned at depth intervals of 0-3 and 3-10 cm to examine vertical distribution of macrofauna, and preserved with 5% buffered formalin. After sorting on 05-mm sieves reactors, ma will be identified to the lowest taxonomic level possible (usually the species level) and counted. Biomass of higher taxa categories (i.e., Crastacea, Molluscs, Polychaeta, and others) will he measured by combining individuals into composite samples. Samples will be dried for 24 h at 55°C and weighed. Molluscs will be placed in 1 N HC1 until carbonate shells dissolve, washed, dried, and weighed to the nearest 0.01 mg for shell-free dry weight_ Sediment grain size can also affect organi.qm distribution and abundance. Sediment grain size analysis will be performed following standard geologic procedm-es (Folk, 1964). Percent contribution by weight is measured for four components: rubble (e.g. shell hash), sand, silt, and clay. A 20-em3 sediment sample is mixed with 50 mi of hydrogen peroxide and 75 mi of deioni~ed water to digest organic material in the sa~aple_ The sample is wet sieved through a 0.062-mm mesh stainless steel screen using a vacuum pump and a Ivfillipore Hydrosol SST filter holder to separate rubble and sand from silt and clay, After drying, the rubble and sand are separated on a 0.25 mm screen_ The silt and clay fmction~ are measured using pipette ana!ysis. Hydrographic measurements are made at each station with a multi parameter insmmaent just beneath the surface and at the bottom. The following parameters are measured (accuracy and units): temperature (± 0.1SEC), pH (± 0.I units), dissolved oxygen (rog/1 ± 0.2), specific conductivity (± 0.015 - 1.5 mmhos/cm depending on range), depth (± 0.018 m), and salinity (± 0. ! ppt). Salinity is automatically corrected to 25EC. 4.4. EIv~RGENT VEGETATION AND SOIL CHARACTERISTICS Emergent vegetation plays an integral role in salt marsh ecosystem dynamics. As plants shed their leaves throughout the growing season, biomass accumulates on the marsh surface. Microorganisms decompose the plant litter, and the resultant detrital material provides the basis of the salt marsh food web. Eventually, some of the energy contributed by these plants is Exhibit C-4 Page %16 transferred to higher trophic levels and provides the necessary fuel for an economically productive commercial and recreational fishing industry (Burkholder and Burkholder 1956; Odum and Wi/son 1962; Teal 1962). Marsh plants also provide shelter for many small organisms such as crabs, molluscs and terrestrial animals. A variety of permanent and migratory birds, including songbirds, shorebirds, duck and geese depend upon marsh vegetation for habitat and food (Henley and Rausehbauer 1981). Vegetation also stabilizes marsh sediments, thereby reducing extensive flood damage and erosion, and protecting downstream water quality. Although scientists have long recognized the importance of coastal salt marshes, acreage of these areas confmues to decline on a worldwide basis. Direct conversion of these habitats to support human occupancy combined with destruction of wetlands to prevent pestilence have claimed over 50% of coastal wetlands in the United States (Weinstein and Kreeger 2000). Additional anthropogenic activities including damming, diversion, and nutrient loading of rivers, indirectly alter edaphic conditions such as salinity, soil moisture and nutrient availability. Vegetation responds to these changes in numerous ways, including increases and decreases in productivity (Zedler 1981; Zedler 1983), shifts in dominant species (Allison 1992), and changes in species composition (Conner et al. 1981). E~e variations can reduce vegetation cover, creating bare space and limiting the mount of biomass available to higher tr~phic levels. Changes in the distribution and abtmdance of emergent vegetation in estuaries can serve as indicators of long-term environmental conditions. Such changes, in conjunction with relevant physiochemical data, can be used to assess the impacts of water flow modifications and evaluate the effectiveness of management programn. We propose to quantify the effects of the diversion on changes in porewater salinity, moisture, and nutrient content; and t° relate these parameters to emergent vegetation species composition, cover, and distribution To achieve this goal, intensive sampling will be conducted at seven stations (Table 3): a reference station (501) upgradient of the NOC, an area in the upper tidal flats (562), the central Rincon Bayou (463), two station in the lower Rincon Bayou (451,450), and two station in the Nueces area (254, 272). SmlIpling and methodologies will be similar to those previously used (Alexander end Dnnton, 2002; BOIL 2000), and results will be compared to previous studies. We propose to measure percent cover, composition, and distribution of marsh vegetation using transect sampling. Generally, sampling will occur in late spring (May), late ~mmer (August), mid-fall (November) and mid-winter (February). Transects will be similar to those employed in the BOR. Demonstralion Project, established June 1995. In the upper delta (501,562 and 463), transects are 50-m long and 8-m wide (400 m2); and in the lower delta (254, 272, 450, 451) transects axe 20-m long and $-m wide (160 m2). All transects nm perpendicular to the adjacent tidal creek (Figure 2). In the upper delta, vertical transect lines axe spaced at 2-m intervals fi.om 0 to 26 m and at 4-m intervals fi.om 26 to 50 m, for a total of 20 transect lines_ In the lower delta, vertical transect lines are spaced at 2-m intervals through the entire 20-m transect. All transects will be sampled at 2-m intervals along horizontal transect lines. A 0_25-m2 quadrat subdivided into 100 5 x 5 cm cells will be used to esthrtate percent cover of each species and Exhibit C-4 -~ Page 8-16 _J Table 3. Emergent vegetation, tidal creek, and soil characteristics to b~ measured quarterly at seven stations. 1. Plant species Percent cover, composition and distribution 2. Soil chemistry (inorganic nitrogen, salinity and moisture) 3. Tidal creek chemistry (inorganic nitrogen and salinity) bare area at each sampling point. Unvegetated, submerged, or wrack-laden ceils will be counted as bare areas. Decreases ia porewater salinity and increases ia soil moisture and inorganic nitrogen levels.often coincide with increased growth and reproduction of salt marsh vegetation species. Additionally, lowered soil salinities can facilitate expansion of vegetation into previously bare areas, providing new habitat and detritus to the marsh food web. Physiochemical parameters associated with vegetation growth and survival (porewater salinity, moisture and inorganic nitrogen) will be measured at each station At each tnmsect, seven soft cores will be collected at a depth of approximately 10 cra, at random locations along the transects. Four of these cores will be used to determine porewater salinity and inorganic nitrogen, and three will be used to determine soft moisture. Fignre 2. Layout and dimensions of a vegetation sampling transect ia the lower delta. Each dot represents a sampling point for vegetation parameters (i.e. percent cover and composition). Triangles denote transects sampled for porewater salinity and inorganic nitrogen, and soil moisture. Soil moisture is determined by the ratio of dry weight to wet weight. Grab samples from the tidal creeks and porewater salinity will be measured with a refraetometer (Reichert Scientific Instruments, Buffalo, NY). Soil samples will be centrifuged at 10,000 rpm for 15-30 min to extract porewater. Porewater will be analyzed for NH~+ and NO3' + NO2' using standard colorimetric teelmiques (Parsons, et al. 1984). Vegetation and soil characteristics are influenced by porewater moisture, salinity and nutrients. These qualities are largely determined by climate and hydrology, particularly the Exhibit C4 I Page 9-16 10 frequency and duration of tidal and riverine flooding, precipitation and evaporation. Inundation at any location along a transect is dependent upon its elevation above MSL_ During FY 2004, we obtained GPS elevations referenced to a true elevation datum (NAD 1983). This was accomplished by establishing two base stations referenced to f~rst order survey monuments. Semi-permanent control points were then established at e~Ch station as a for reference for future elevation readings. Future micro-elevation measurements will be made with a laser level and stadia rod. These recently obtained GPS elevations will be correlated to results of vegetation sampling and other parameters. 4.5 AERIAL PHOTOGRAPHY AND INTERPRETATION Large-scale, long term changes in thc landscape and marsh vegetation can be monitored by aerial photographic surveys. The Nueces Estuary Advisory Council (NEAC) advised that aerial surveys be performed once every five to ten years and compared with previous surveys. Since the last aerial imagery was obtained in September 1997, tree-color infrared imagery will be acquired in late September 2005. In October 2005 (FY 2006), or as soon as possible after image acquisition, ground truth data will be collected. These data will be used to classify the imagery and to verify the accuracy of the classification. Appropriate image processing software will be used to aid in the classification of the images. A {SIS data layer will be created containing the results of this classification, and the image classification and interpretation results will be summarized in the 2006 monitoring report. Only the aerial photo surveys and the image processing software are included in this (FY 2005) budget. Image interpretation and ground truth data collection will be included in the FY 2006 budget proposal_ 5. ADDmONAL NEEDS 5.1 LOGISTICS As with all field sampling, adverse field conditions or climatological conditions may interfere with project plans, and changes in sampling stations or schedules may be necessary to accomplish study tasks. Several sampling stations are currently located on private property. Monitoring of biological paramete~ requires that UTMSI personnel access this property during sampling periods (monthly for water column parameters, phytoplankton and benthos and quarterly for emergent vegetation). Previously, the stations were accessed with either a 4x4 tmclq 6×6 all terrain vehicle, or an alrboat. By land, sampling requires passage through at least two private properties. If necessary, we will contact the City so they can make arrangements with landowners to allow the scientific parties to access the land when necessary. Currently, access to the sampling stations requires each member of the scientific party to sign a liability waiver to enter Wyatt Properties. Permission is verbally gained to enter the Soreuson properties_ UTMSI requests that the City obtain from landowners, if necessary, the contact numbers and gate codes or keys so stations can be accessed. Many roads can only be accessed if l°Ck codes are known or the gates ~e left open prior to our arrival. A current list of landowner conditions for entering these properties should be provided along with basic information that addresses advance contacts (to whom), vehicular access to roads (including wet periods), gate access and times, restricted areas, etc. [ Exl-nbit C-4 Page 10-16 11 In addition, the lower Rincon is accessed by airboat which is launched from property controlled by the Port Authority. Road construction in this axea may require new access procedures. UTMSI requests that the City assist UTMSI in obtaining access to a stdtable launch site, if road construction prevents us from using the usual access location. 6. CONTINUED MONITORING OF ALLISON STATIONS AND ISOTOPE ANALYSES 6.1 WATER QUALITY AND PHYTOPLANKTON As previously stated, we will continue to monitor water column measurements and phytoplankton biomass at diversion stations 272, 254 and 252 on a monthly basis. The parameters measured will be the same as those measured for the Rincon Project. 6.2 VEGETATION AND SOIL PARAMETERS As part of EDDP, we will conlinue to monitor vegetation parameters on a quarterly basi~ at 272 and 254. Long term sampling and analyses are necessary to understand how changes in soil conditions affect vegetation composition and cover. Leaf Ama Index (LAI) and biomass ~re no longer monitored because these parameters are costly and do not appear to contribute si~maificantly to our overall findings. Sampling methods and analyses at these stations will be identical to those employed for the Rincon Project. 6.3 ISOTOPE ANALYSES We will include sampling of plants and animals in the diversion channel for nitrogen stable isotope analyses as part of the required annual sampling for EDDP. UTMSI acquired some isotope data in the past that helped the City show that nitrogen concentrations within the emergent vegetation decrease quickly as one moves downstream from the wastewater diversion The dam further show that plants exposed to wastewater readily uptake and assimilate the nitrogen into biomass. Additional preliminary data suggest that wastewater nitrogen rerrmins in the food web at higher trophic levels and does not slay in the water column. Recently, we have utilized a new methodology that allows us to accurately measure wastewater nitrogen in the water colun'm. Annual isotope sampling (inclucling water, plants and animals samples) at stations 254 in the diversion channel and at a control station (450 in Rincon Bayou) would provide the City necessary data to determine if wastewater releases into the delta ure causing eutrophication or if the nitrogen is readily assimilated into organisms within the ecosystem. Limited sampling occurred at station 271. This data would be especially useful if the City intends to divert more wastewater into the delta in the future. We propose to focus our trophic studies at stations 254 and 450 during snmmer 2005. We will collect organisms from all trophic levels as well as water and sediment porewater samples. Organisms collected will include phytoplankton (particulate organic matter), algal mats, emergent vegetation, zooplankton, benthic infatma, crabs, shrimp and both planktivorous and carnivorous fish. I Exhibit C-4 Page 11-16 12 7. DELIVERABLES All annlml report will be submitted to the City Engineer by December 2005. This report will be teehrfieal report of UTMSI that incorporates current year results with data fi:om previous years. Temporal and spatial comparisons that display significant correlations or patterns among various parameters w/Il be presented in graph/c or tabular format. Comparisons with past studies and other neighboring studies will be made where possible. Data from EDDP stations will be used in the analyses of Rincon Bayou parameters when necessary, but a synopsis of data collected as a continuation of EDDP will be presented separately. Data analyses will be presented to the City and other interested parties at an annual meeting. If requested, a brief presentation to the Nueees Estuary Advisory Council will be given. Recommendations and suggestions for project changes will be presented and discussed at this meeting. INTEGRATED SYNTHESIS OF PROJECT DATA The monitoring program is designed to document water column: benthic and emergent vegetation biological changes that occur as a result of diversion of freshwater fxom the Nueces River to the upper reaches of the Nueces Marsh. Data sets contain valuable information on various parameters including primary (emergent vegetation) and secondary (benthic or~nigms) production and water column characteristics. Other relevant climatological data (i.e. rainfall, air temperatures, and river flow) are available fi:om the Corpus Christ Intemafiorml Airport (CCIA) and the United States Geological Survey (USGS). While each data set alone contains important information, an accurate and meaningful understanding of the effects of the freshwater diversion cannot be achieved without data synthesis and interpretation on multi-levels. However, this can only be accomplished tl~ough intensive data management, comprehensive data analyses and reporting and active correspondence by all participating institutions. To efficiently and effectively utilize the enormous amount of information available, UTMSI will provide a data manager (Margaret Forbes) who will oversee the compilation and organization of all data collected 0aydrography/phytoplankton, benthos and emergent vegetation), eornrnunicate with thc other participating agencies to determine ff and when integration of different data sets is appropriate, and assemble and organize other relevant data (i.e. climatological data) that may be useful in interpreting the effects of the diversion project. The data manager will work with each principal investigator to produce reports and presentations in a timely manner. 10. BUDGET JUSTIFICATION The estimated project cost is about $230 K for the Year 4 of this program which includes an aerial mapping component (see attached budge0. Salary support is requested for two co-PI's: K. Dunton (2.5 months total, including 1 mo for the Allison project report synthesis), and P. Montagna (0.75 mo). Salaries also include a full time post doctoral research associate Forbes), a part-time graduate student (3 mos) and a part-time technician CK. Jackson, 9 mos). A total of $1000 is requested to defer tuition costs for the graduate student. Travel funds are requested annually for field travel and local meetings ($1400). We have budgeted $3,400 for the Exhibit C-4 Page 12-16 13 purchase of material and supplies directly associated with field and laboratory work. This hacludes filters, flasks, cores, chemicals, batteries, wet suits, booties, protective weather and safety gear, cell phone charges for a dedicated field phone, charts, storage bags, maill~nance and repair costs for field imstruments, etc. Other requested supplies are clearly denoted on the budget page. Analytical costs associated with sample analysis (grain size; nutrients and chlorophyll; stable isotope a~alyses) are also included. A total of $7,000 is budgeted for small boat fees (50 trips ~ $140/trip). Additional equipmem includes YSI 600 XLM-S Datalogger for continuous collection of water quality parameters at station 463 ($5500). ~ Exhibit C-4 Page 13-16 9. REFERENCES Alexander, H. D. and K. H. Dunton. 2002. Freshwater inundation effects on emergent vegetation ofa hypersalme salt marsh. Estuaries 25(6B): 1426-1435. Allison, S. K. 1992. The influence of rainfall variability on the species composition of a northern California salt marsh plant assemblage. Vegetatio 101: 145-160. Bureau of Reclamation. 2000. Concluding Report: Rincon Bayou Demonstration Project. Volume II: Findings. United States Department of the Interior, Bureau of Reclamation, Oklahoma-Texas Area Office, Austin, Texas. Burldaolder, P. R. and L. M. Burkholder. 1956_ Vitamin Biz in suspended solids and marsh muds collected along the coast of Georgia Linmology mad Oceanography 1:202-208. Conner, W. H., J. G. Gosselink and R. T. Parrando. 1981. Comparison of the vegetation of three Louisiana swamp sites with different flooding regimes. American Journal of Botany 68(3):320-33 l. Folk, R. L. 1964. Petrology of Sedimentary Rocks. Hemphill's Press. Austin, Texas. 155 pp. Henley, D_ E_ and D. G. Rauschuber, 1981. Freshwater needs offish and wildlife resources in the Nueces-Corpus Christi Bay Area, Texas: a literature synthesis. U. S_ Fish and Wildlife Service, Office of Biological Services. Washin~on, D. C. FWS/OBS-80/10. 410 pp. Kalke, R. D. and P. A. Montagna_ 1991. The effect of freshwater inflow on macrobenthos in the Lavaca River Delta end upper Lavaca Bay, Texas. Contributions in Marine Science 32:49-72. Mallin, M. A. and Paerl, H. W. 1992. Effects of variahle irradianee on phytoplaxd~n productivity i~ shallow estuaries. Limnology and Oceanography, 37(1): 54-62_ Montagna, P. A., R. D. Kalke, and C. Ritter. 20130. Chapter 5: Benthic Communities. In: Bureau of Reclamation (ed.), Concluding Report: Rmcon Bayou Demonstration Project. Volume II: Findings. United States Department of the Interior, Bureau of Reclamation, Oklalaoma-Texas Area Office, Austin, Texas. Montagna, P. A. and R. D. Kalke. 1992. The effect of fxeshwater inflow on meiofaunal and macrofann,l populations in the Guadalupe and Nueces Estuaries, Texas. Estuaries 15:266-285. 14 ~ Exhibit C-4 Page 14-16 Odum, H. T. and R. F. Wilson_ 1962. Further studies ofreaerafion and metabolism of Texas bays, 1958-1960. Publications of the Institute for Marine Science Univers~t3r of Texas 8:23-55. Parsons, T. R., Maim, Y. and Lalli, G. M. 1984. A Manual of Chemical and Biological Methods for Seawater Analysis. Pergamon Press, New York, 173 pp. Teal, J. M. 1962. Energy flow in the salt maxsh ecosystem of Georgia. Ecology 43:614-624. Texas Department of Water Resources. 1982. Nueces and Mission-Aransas Estuaries: An analysis of bay segment boundaries, physical characteristics, and nutrient processes. LP- 83. Texas Department of Water Resources, Austin, Texas. Weinstein, M. P. and D. A. Kreeger. 2000. Concepts and Con~zoversies in Tidal IVlarsh Ecology. Kluwer Academic Press, Dordrecht, Germany. 875 pp. Welsohmeyer, N_ A~ 1994. Fluorometric analysis of chlorophyll a in the presence of chlorophyll b and pheopigments. Limnoloffv and Oceanom'21phy 39(8): 1985-1992. Wtfitledge, T. E. 1991. Biological monitoring of the effects of diversion of fxeshwater inflow and wustewater return flows in Rincon Bayou and Nueces Delta. Report to the South Texas Water Authority Zedler, J. 1981. Add region wetlands: SuscePtibility to disturbance. E~amfie~ 4(3):262. Zedler, J. B. 1983. Freshwater impacts on normally hypersaline marshes. Estuaxie~ 6:346-355. Zedler, J. B., C. S. Nordby and B. E. Kus. 1992. The Ecology of Tijuana Estuary, California: A National Research Reserve. NOAA Office of Coastal Resource Management, Sanctuaries and Reserves Division, Washington, D.C. 15 Exhibit C-4 Page 15-16 10. BUDGET - 10/1/04 - 9/30/05 CATEGORIES A. PERSONNEL K. Dunton, Res. Sci. (2.5 mo.) P. Montagna, Res. Sci. (0.75 mo.) M. Forbes, Post Doc/Data Manager (12 mo.) K_ Jackson, Res. As~ (9 mo.) Grad. Res. Asst.- Benthos (3 mo,) SUBTOTAZ B. FRINGE BENEFITS 00% orA) C. TRAVEL D. AERIAL PHOTOGRAPHY E. SUPpI,I~.S I. Laser level kit. tripod and rod for micro-elevation 2. GIS image-processing sol, are 3. Chemicals; glassware, computer supplies 4 Communication: express mail, long-distance, photocopy 5. Duo-link and software for Orphimedes water level logger SUBTOTAL F. TUITION G. EQUI~lVlENT Data logger, YSI 600 XLM-S H. OTItER DIRECT COSTS 1. Small boat and vehicle use fees 2. Analytical son,rices ~. Grain size, macr~fatma cores b. Nutrients, soil parameters, chlorophyll c_ Stable isotope analysis I. TOTAL DIRECT COSTS J. INDIRECT COSTS (15% eli) K. TOTAL COSTS SUBTOTAL Dunton Montagna TOTAL 23,055 34,000 17,786 74,841 22,452 1200 23,055 7,083 7,083 34,000 17,786 4,827 4,827 11,910 86, 751 3~73 26,1}25 200 1,400 1,600 1,600 600 600 3200 20~ 3,400 20O 100 300 50O 500 ~100 3OO ~400 1,000 6,~00 1,00O 7,000 31,563 31,563 16,880 16,880 3,000 3,000 25,880 32,563 58,443 148,973 49,546 198,519 22,346 7,432 29,778 $171~319 $56,978 $228~96 16 Exhibit C-4 page 16-16 N LoBONTE F.M. 624 RIVER IH CES PROJECT LOCATION LOCATION MAP NOT TO SCALE CITY PROJECT No.8443 EXHIBIT 'D" RINCON BAYOU DIVERSION PROJECT CONTRA CTS FOR MONITORING SERVICES CID' OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT DEPAR?MENT OF ENGINEERING SEJ~VICES PAGE: I of I DATE: I 1-09-2004 12 CITY COUNCIL AGENDA MEMORANDUM November 9, 2004 SUBJECT: CC International Airport Expansion (#1023) Acquisition of Parcel 8D-2 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract with John H. Kelly, Sr. in the amount of $171,712 plus $2,000 in closing costs, for the purchase of fee simple property rights for Pamel 8D-2, being 59.211 acres out of Tract No. 8, Margaret Kelly Land, located south of the Corpus Chdsti Intemational Airport (CCIA) between County Roads 2292 and 763 in connection with the Corpus Christi International Airport Expansion Project (#1023) and for other municipal purposes. ISSUE: In June 1990, a Master Plan was approved by City Council which proposed acquisition of lands for the expansion of the Corpus Christi Intemational Airport (CCIA). The expansion would include provide sufficient room for a new runway and adequate buffer zones for sound abatement. Thirty-seven tracts of land were identified and selected for acquisition by the City. Seven of these tracts have been acquired to date with this parcel being the eighth. Land acquisition staff concluded negotiations with the landowner, John H. Kelly, Sr. for Parcel 8D-2. A real estate sales contract for the appraised value of $171,712 has been executed by the landowner. Approval to purchase this parcel and authorization for the City Manager or his designee to execute the sales contract is now required of the City Council. REQUIRED COUNCIL ACTION: City Council approval is required for land acquisition contracts and expenditures exceeding $25,000. FUNDING: Aviation 550701-3020B-00000-100030 CONCLUSION AND RECOMMENDATION: Approval of the motion as presented. scobar, P. E. Director of Engineering Services Attachments: Exhibit A. Background Information Exhibit B. Parcel Location Map Exhibit C. Future Airport Boundary Map Exhibit D. Contract Summary \\CLSTRI_USERS2_SERVER\USERS2~HOME~EUSEBIOG\GEN~,genda Items\CCIA Expansion. Kelly,Agenda Memorandum.doc BACKGROUNDINFORMATION November 9, 2004 SUBJECT: CC International Airport Expansion Project (#1023) Acquisition of Parcel 8D-2 PRIOR COUNCIL ACTION: 1. October 1977 - Authorized acquisition, at the approved values, of Parcels 2, 3, 4 and 5 located north of McGIoin Road and east of Bockholt Road, containing 346.082 acres. 2. February 1979 - Authorized acquisition of Parcel 2 located east of Bockholt Road containing 135.294 acres, an increase of 77.548 acres over the original approved acreage. 3. July 1979 - Authorized acquisition of Parcel 1 located east of Bockholt Road and south of Highway 44 containing 116.871 acres and appropriated $126,493.90 to supplement a prior appropriation. 4. September 1979 - Authorized acquisition of 4.576 acres for the Runway 31 Approach Lighting System. 5. November 1986 - Authorized acquisition of Parcel 14c-d located south of Bear Lane and east of Joe Mireur Road containing 199.586 acres and appropriated $907,350 from the Airport Bond Fund. 6. June 1990 - Ordinance adopting CCIA Master Plan. 7. October 31, 1995 - Adoption of the FY95-96 Capital Budget and Recommended 1996-2000 Capital Improvement Planning Guide, amended December 12, 1996. 8. June 18, 1996 - Authorized acquisition of Parcels 8b, 8c, 15a, 15b and 15c located on FM-763 (Joe Mireur Road)containing 140.915 acres. 9. December 15, 1998 - Authorized acquisition of Pamel No. 8-D1 located on FM-763 (Joe Mireur Road) for the Airport Land Acquisition project. 10. July 20, 1999 - Adoption of FY99-00 Capital Budget and 2000-2004 CIP Guide which included Airport Project No. 3, Land Acquisition and Airport Project No. 22, Land Acquisition (Part 150 Study). 11. September 28, 1999 - Ordinance adopting the CCIA Master Plan Update, Draft Part 150 Noise Compatibility Study, Drainage Study, Heliport Feasibility Study, and Airport Intermodal Terminal Development Study. 12. January 25, 2000 - Motion authorizing the acquisition of Parcel 16b, located east of FM 763 (Joe Mireur Road) between Old Brownsville Road and Bear Lane for $211,338 in connection with the Corpus Christi International Airport Land Acquisition Project. 13. March 25, 2003 - Resolution authorizing eminent domain proceedings to acquire three tracts of land for the International Airport Expansion project. (Resolution No. O2525O) 14. July 22, 2003 - Motion authorizing the acquisition of Parcel SA, located south of the Corpus Christi International Airport between County Roads 2292 and 763 in EXHIBIT A 1 OF2 15. connection with the International Airport Expansion Project (#1023) and for other municipal purposes. (Motion #M2003-261 ) Auqust 19, 2003 - Motion authorizing the acquisition of Parcel SE, located south of the Corpus Chdsti International Airport between County Roads 2292 and 763 in connection with the International Airport Expansion Project (#1023) and for other municipal purposes. (Motion #M2003o276) FUTURE COUNCIL ACTION: Authorize the acquisition of parcels whose cost exceeds $25,000; and authorize the payment of any Special Commissioners' Awards for the condemnation of any required parcels. OVERVIEW: In June 1990, the odginal Master Plan was approved by City Council which established boundaries for the airport's expansion and long term needs. On September 28, 1999, City Council adopted the CCIA Master Plan Update, which expanded the previous airport development plan to its ultimate capacity and addressed both existing and future land uses around the airport. Approximately 425 acres located south and east of the existing airport boundary were recommended for near-term acquisition. Land acquisition would involve 37 tracts of land owned by various owners. A map showing the proposed outer boundary of the future airport lands is attached as Exhibit B. This area would be exposed to high noise levels and is needed as a buffer zone. Following acquisition of all the tracts, it was recommended that these areas remain as open space or be developed with land uses compatible with aircraft noise exposure. City Council approved the draft FAR Part 150 Noise Compatibility Study for submittal to Federal Aviation Administration (FAA) for their approval on September 21, 1999. Parcel Acquisition: Parcel 8D-2 consists of 59.211 acres located off of McGIoin Road just southeast of the City's airport. A map showing the location of this parcel is attached as Exhibit C. The land is currently in agricultural use and has no improvements on it. The City obtained an appraisal of this tract from John A. Edckson in the amount of $171,712 or $2,900 per acre. This amount was offered to the landowner and negotiations were commenced. After exlended negotiations, a real estate sales contract for the appraised value of $171,712 was executed by the landowner. The City will acquire fee simple rights to 59.211 acres of land, excluding any mineral dghts. A summary of the contract terms is attached as Exhibit D. At the request of the owner, the contract will be escrowed at Stewart Title Company of Corpus Christi located at 5656 S. Staples St., Corpus Christi. H:~HOME'~USEBIOG\GEN~Agenda Items\CClA Expanslo~.Kell'~ABackgro,Jnd In[o.doc EXHIBIT A 2OF2 ~.Xf CITY OF CORPUS CHRISTI CORPUS CHRtSTI INTERNATIONAL AIRPORT CORPUS CHRISTI, TEXAS FUTURE LAND ACQUISITION EXlqlBIT B F~te : \Mpro.[ect\lond~3cq\exh lO2$6D-2.dwg N CITY PROJECT No.1023 VICINITY MAP NOT ~ SCALE SUBJECT PARCEL EXl~IB1T C C.C. INTERNATIONAL AIRPORT EXPANSION PARCEL 8D- 2 C~ OF CORPUS C. HRIST~, T'~ CITY COUNCIL EXHIBIT PA~E: ~ of ~ DATE: 10-28-2004 CONTRACT SUMMARY Project #1023: International Airport Expansion Parcel 8D-2 This Contract is entered into by John H. Kelly, Sr., of 526 Rawleigh, Corpus Chdsti, Nueces County, Texas 78412, "SELLER", Collectively, and the City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Chdsfi, Nueces County, Texas 78469-9277, "BUYER" Terms: 1. Seller for the consideration and under the terms set out in the contract, agrees to convey to Buyer the following described property: 59.211 acres of land out of Tract number 8, Margaret Kelly Land 2. Purchase Price - $177,712 3. Seller to provide title insurance at Buyer's expense. Seller will deliver, at Buyer's expense, a good and sufficient Special Warranty Deed. 10. 11. All taxes to be paid by Seller, up to and including 2003. Taxes for 2004 will be prorated between Buyer and Seller. Buyer agrees to deposit $500 Earnest Money at the Title Company, which Seller may keep as liquidated damages should Buyer fail to consummate contract as specified, or Seller may seek to enforce specific performance of contract. Buyer accepts title subject to all outstanding restrictive covenants, use restrictions and zoning and regulatory ordinances. Transac'don to be closed on or before 90 days from the date of the contract. Seller acknowledges that Seller has read the agreement, and it is not binding until approved by the City Council and signed by the City Manager within 60 days of the contract date. The contract will survive the closing of the sale and delivery of the Special Warranty Deed and other conveyance documents. Acquisition is under the threat of eminent domain proceedings. The sale of the property shall mean and include the Surface Estate Only, and shall not include any interest in the mineral estate. EXHIBIT D 1 OF;' 12. The current year's crops on the property shall remain the property of the sellers and their tenants, with the right of ingress and egress for the cultivation and harvesting thereof. 13. Seller will retain farming rights and crop revenue to the subject property after completion of sale up to October 21,2005. Seller will then be entitled to enter into a farming lease with the Buyer's airport manager for the subject tract. H:~HOME~EUSEt31OG\GEN~Agenda Items\CClA Expanslon. Kelly~Conbact Summary.doc EXHIBIT D 2 OF2 13 AGENDA MEMORANDUM DATE: November 09, 2004 SUBJECT: Change Order No. 3 Up River Road (IH 37 to Leopard Street) Bond Issue 2000 Project No. C-4 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to award Change Order No. 3 to the contract with Garver Construction, Ltd. of Houston, Texas in the amount of $290,357.69 for the ' Bond Issue 2000 Street Resurfacing Project #C-4 on Up River Road (IH 37 to Leopard Street). ISSUE: This change order is necessary to improve water main service and enhance the reliability to existing feeds in the refinery area. FUNDING: Funds for this project are available in the FY 2003-2004 Capital Improvement Budget. MENDATI~)N: Staff recommends approval of the motion as presented. , .., ~h~'ol R. scobar, ~. E., Director of Water Services Oiroctor of Engineering Services Additional Support Material: Exhibit"A" Background Information Exhibit "B" Change Order Summary Exhibit"C" Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Street Resurfacing Up River Road (IH 37 to Leopard Street) Bond Issue 2000 Project No. C-4 PRIOR COUNCIL ACTION: 1. November 14, 2000 - Ordinance canvassing returns and declaring the results of the Special Election held on November 7, 2000, in the City of Corpus Chdsti for the adoption of seven propositions; adoption and levying a sales and use tax pursuant to Section 4A of The Development Corporation Act as approved by the voters in Propositions 4 and 5 (Ordinance No. 024269). 2. Apd124, 2001 - Motion authorizing the City Manager or his designee to execute an engineering services contract in the amount of $519,000 with LNV, Inc. d.b.a. Smith, Russo & Mercer for Street Resurfacing at the following sites: · Up River Road (IH 37 to Leopard); · Ayers Street (SPID to Port Avenue); and, · Gollihar Road (Cresstown to Kostoryz) (M2001-160) 3. December 11, 2001 - Motion authorizing the City Manager or his designee to execute Amendment No. 2 to an engineering services contract in the amount of $125,950 with LNV, Inc. d.b_a. Smith, Russo & Mercer for Street Resurfacing at the following sites: · Up River Road (IH 37 to Leopard); · Ayers Street (SPID to Port Avenue); · Gollihar Road (Cresstown to Kostoryz), and · Mission Center Sanitary Sewer Relocation 4. January 15. 2002 - Approval of the FY 2001 - 2002 Capital Improvement Budget for $152,674,800. (Ordinance No. 024730) 5. June 18, 2002 - Motion authorizing the City Manager or his designee to execute Amendment No. 4 to an engineering services conb'act in the amount of $238,860 with LNV, Inc. d.b.a. Smith, Russo & Mercer for Street Resurfacing at the following sites: · Up River Read (IH 37 to Leopard); · Ayers Street (SPID to Port Avenue); · Gollihar Road (Crosstown to Kostoryz), and · Mission Center Sanitary Sewer Relocation 6. October 8, 2002- Motion authorizing the City Manager, or his designee, to execute a construction contract with Garver Construction of Houston, Texas, in the amount of $2,241,537.00 for Street Resurfacing on Up River Road (IH 37 to Leopard Street) (Bond Issue 2000) EXHIBIT "A" Page 1 of 4 PRIOR ADMINISTRATIVE ACTION: 1. October 18, 2000 - Distribution of Request For Qualifications (RFQ) No. 2000-08 (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local amhitectural and engineering firms. 2. November 10, 2000 - Addendum No. 1 to the Request For Qualifications (RFQ) No. 2000-08 (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. 3. Janua~ 10, 2001 - Addendum No. 2 to the Request For Qualifications (RFQ) No. 2000-08 (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. 4. June 22, 2001 - Administrative approval of Amendment No. 1 to the Agreement for Professional Services with LNV, Inc. d.b.a. Smith, Russo & Mercer in the amount of $14,995 for Street Resurfacing at the following sites: · Up River Road (IH 37 to Leopard) · Ayers Street (SPID to Port Avenue) · Gollihar Road (Crosstown to Kostoryz) 5. January 28, 2002 - Administrative approval of Amendment No. 3 to the Agreement for Professional Services with LNV, Inc. d.b.a. Smith, Russo & Mercer in the amount of $2,200 for Street Resurfacing at the following sites: · Up River Road (IH 37 to Leopard) · Ayers Street (SPID to Port Avenue) · Gollihar Road (Cresstown to Kostoryz) 6. Auqust 11,2004 - Administrative approval of Change Order No_ 2 to a construction contract with Garver Construction of Houston, Texas, in the amount of $23,547.50 for Street Resurfacing on Up River Road (IH 37 to Leopard Street) (Bond Issue 2OO0) PROJECT BACKGROUND: On Tuesday, November 7, 2000, the City of Corpus Chdsti held an election to consider a number of ballot propositions to fund major capital improvements for the community, Bond Issue 2000. The Bond Issue 2000 package included $30.8 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Public Health and Safety, Parks and Recreation/Museum, and Street Improvement projects. Of this amount, $20.7 million was to be spent on approved street projects. On October 8, 2002, the City Council approved a construction contract to begin major street and utility improvements to Up River Road from IH 37 to Leopard Street. This is the first change order necessary to complete this project. EXHIBIT "A" Page 2 of 4 CHANGE ORDER DESCRIPTION: This change order is required because of additional request from the Water Department to enhance the reliability of existing feeds to critical refineries. These improvements are for the 24" water transmission main which service the refineries in the area. In addition, water line route changes were required to avoid conflicts with existing utilities, which requires additional bends, f'~ings and additional length of pipe for 8", 12" and 16" PVC. These change order items will update and reflect actual quantities installed. The same unit rates from the odginal contract are being utilized for the additional quantities. Also Included in this change order is the extension of street reconstruction from Leopard Street to Nueces Bay Boulevard. This area was not within the odginal project scope, but was added to rehabilitate and maintain the integrity of this area. If this pavement reconstruction would not be pedormed, severe asphalt failure would occur in the near future. With this additional street reconstruction, Up River Road will be completely reconstructed from I.H. 37 to Nueces Bay Boulevard. The same unit rates from the odginal contract are being utilized for the additional quantities. This change order will also eliminate any bid items and quantifies that were not required to complete the project. Chan~le Order Item Descriptions: Part A - Street Work Items A2CO - A2.9CO consists of additional short term and long term pavement markers having to be replaced because of vadous locations of traffic control. Cost: $31,134.10 Part A - Drainage Improvements Items BICO- B10CO consists of eliminating items for drainage improvements not required to complete the project. The contract will be deducted for $15,405 Part A - Waterlines Items C1CO- C10CO consists of additional bends, fiaJngs, and route changes to avoid conflicts associated with additional line extensions requested by the Water Department. Items C13CO - C15CO, & C19CO - C35CO consists of additional 8", 12" & 16" PVC pipe and riflings requested by the Water Department. Items C61 CO - C62CO consists of additional exploratory excavation required to locate existing utilities. Items C72CO -C73CO are associated with total street reconstruction from Leopard St_ to Nueces Bay Boulevard. Items C11CO- C12CO, C17CO, C37CO, C54CO, C63CO & C74CO-C75CO consists of eliminating items for water improvements not required to complete the project. EXHIBIT "A" Page 3 of 4 Cost for Items C1CO - C75CO: $295,710.13 Part A - Sanitarv Sewer Imlorovements Items D19CO, D23CO - D32CO, & D51CO consist of eliminating items for sanitary sewer improvements not required to complete the project. Items D1CO - D22CO consists of additional curb and gutter due to vadance of location of sewer line throughout street, and additional work requested by the wastewater department. The contract will be deducted for $21,081.54. CONTRACT TERMS: The contract calls for an extension of 60 days with completion of the project anticipated for January 2005_ EXHIBIT "A" Page 4 of 4 DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET November 09, 2004 PROJECT: C-4 S~reet Resurfacing and Utility Improvements Part A - Up River Road APPROVED: City Council on 10/08/02 - Motion No. M2002-334 CONTRACTOR: Garver Construction, Ltd. 5402 Lawndale Houston, Texas 77023 TOTAL CONTRACT AMOUNT ...................... 25% Limit Amount .......................................... Change Order No. 1 (04/20/04) ..................... Change Order No. 2 (08/11/04) .................... Change Order No. 3 (11/09/04) .................... Total .......................................................... $2,241,537.00 560,384.25 148,830.32 23,547.50 290,357.69 462,735.51 = 20.64< 25% EXHIBIT "B Page I of 1 F~le : \Mpro]ect\councilexh\6141,dwg NUECES BAY IH37 PROJECT LOCATION N CORPUS CHRIS~ BAY F.M. 43 FW 2444 CAYO DEL FLOUR BLUFF PROJECT # 6141 LOCATION MAP NOT TO SCALE EXHIBIT "C" BOND ISSUE 2000 PROJECT C-4 STREET RESURFACING: UP RIVER ROAD- IH 37 TO LEOPARD ST (change order # 3) CITY COUNCIL EXHIBIT ClTI' OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SEI~flCE$ PAGE: 1 of 1 DATE: 11-05-2004 14 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: November 9, 2004 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a construction weld inspection and testing contract with Base Line Data, Inc., of Portland, Texas in an amount not to exceed $105,560 for the Southside Water Transmission Main Phase 4 and 4A project. ISSUE: Weld inspection is necessary to ensure the project is built in accordance with plans and specifications. FUNDING: Funding is available from the Water CIP Fund. CONCLUSION AND RECOMMENDATION: Approval of the notions as presented. 'An~,fl I~ Escobar, P.E. Date , . Director, Engineering Services Director, Water Services A ch ents' _Ex,t~ll31t I~: I~ackgrou. n.d Information ~-xn~D~t B: Locauon reap H:~HOME~KEVINS\GEN\WATER~8390 & ~125SouthsidePh4&4A'~LWeldMemo doc AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Southside Water Transmission Main Phases 4 and 4a. ADDITIONAL INFORMATION: The contract is necessary to ensure welds comply with specifications set forth by the contract documents. Weld inspection is routinely performed on all large City water transmission main projects. CONTRACT: The contract is based on a fee for services actually performed. This inspection coverage includes performing Visual, Magnetic Particle, or Liquid Penetrant inspection on approximately (364) welds on varying pipe sizes including 66-inch, 48-inch, 43.75- inch, 42-inch and 30-inch diameter welds. Full-penetrating welds requiring an ultrasonic shear wave inspection will be billed at houdy pdces. Ultrasonic shear wave inspection is not included in the not to exceed pdce and will require an amendment if the total contract pdce is exceeded. The contract provides for an AWS CWI certified inspector being on-site anytime welding is being performed and when requested by the Water Department. An ASNT-SNTC-1A Level II technician would perform all non-destructive inspections. Timesheets are to be submitted each day and approved by the Water Department & Welding inspector. The contract provides to have the same CWIFFechnician committed for the duration of the project. The contract price includes all labor, consumables, transportation, taxes, etc. All welding shall meet the requirements of the AWWA C206 AND AV'~NA M9. The inspector will perform the necessary NDE examinations in accordance with the acceptance requirements of AWS D1.1. It is estimated that the duration of this project would be 240 days. Houdy charges for any inspections or extra work that may be performed including all labor, consumables, transportation, taxes, documentation, etc. are: CWI, UT, PT or MT Technician (Straight Time Rate Per Hour) CWI, UT, PT or MT Technician (Premium Rate per Hour) $52.00/Hr. $78.00/Hr. The not to exceed fee based on providing an inspector for 40 hours per week and 12 hours overtime per week for 35 weeks is $105,560.00. FUTURE COUNCIL ACTION: Approval of design amendments, construction contracts and testing agreements to complete the project as required. EXHIBIT "A" I Page 1 of 3 H:~IOME'~EVINS\GEN\WATER~390 & 8,425SoulhsidePh4&4A\BLWeldBkgExhA.doc PROJECT BACKGROUND: The Council-approved 1997 Water Distribufion System Master Plan Update recommended a new Southside Transmission Main from the O.N. Stevens Water Treatment Plant (ONSW-rP) to a new pumping plant (Staples Street Pumping Plant) to alleviate inadequate water supply and pressure problems experienced during peak demand periods in Pressure Zone 2, the area essentially southeast of Everhart Road. The new transmission main would substantially increase the hydraulic capacity of the delivery system from the ONSWTP to southeast Corpus Christi and eventually to Padre Island. PHASE 1: On June 16, 1998, Council awarded an engineering services contract to Urban Engineering for the Southside Water Transmission Main Project - Phase 1 from the ON Stevens Water Treatment Plant to Clarkvvood Road. Council awarded a construction contract for this phase of the project to Pate & Pate Construction on December 12, 2000. The construction project for the Southside Transmission Main Phase 1 from O.N. Stevens Water Treatment Plant to Clarkwood Road was completed and put into service in May, 2002. PHASE 2, 2a and 3: On April 24, 2002, Council awarded an engineering contract to Urban Engineering for the Southside Water Transmission Main Phases 2, 2a & 3 from the intersection of Saratoga Boulevard and Coun'b/Road 54 to the Staples Street Pumping Plant, including a connection to the existing 42" Holly Road main. On January 14, 2003, a construction contract was awarded to Gamey Companies, Ltd. of Kansas City, Missouri, for $15,844,698.58 for the Southside Water Transmission Main, Phases 2, 2a & 3. Work has been completed for this phase of the project. PHASE 4, 4a and 5: This project will be constructed in phases with Phases 4 and 4a being constructed together and Phase 5 constructed separately to expedite completion of both contracts. A design contract was awarded December 17, 2002 to Urban Engineering in the amount of $1,824,742 for the Southside Water Transmission Main, Phases 4, 4a, and 5. As part of that contract Council authorized the permitting and design of a water line from the South Staples Street pump station to Flour Bluff, terminating in the vicinity of Yorktown Boulevard and Laguna Shores Road. A significant portion of this line's capacit7 would go towards feeding a new pipeline to Padre and Mustang Islands. PHASE 6 and 7: Padre Island currently receives its water via a 24" pipeline installed in 1969. The final segments of this project will begin at Laguna Shores Drive (end of Phase 5) and extend a water main across the Laguna Madre to Padre Island and the intersection of Whitecap Boulevard and the Padre Island Pumping Plant. PROJECT DESCRIPTION: Phase 4 of the transmission main begins at the end of an existing 42" diameter water main close to the intersection of South Oso Parkway and Staples St. (FM 2444). The existing 42" diameter main is located along Staples St. and is connected to the existing Staples Street Pump Station. Phase 4 is approx. 20,950 feet long and runs from Staples Street southward to the back of King Estates and then turns east and crosses the Oso Creek by directional drilling. Phase 4 continues across City property north of and parallel to Oso EXHIBIT "A" Page 2 of 3 H:~J-IOME~EVINS\GEN\WATER~8390 & 8425SoulhsidePh4&4A~3LWeld13kgExhA.doc Creek until it reaches Rodd Field Road ROW and then turns north where it ends at the Rodd Field Road and Yorktown Boulevard intersection. Phase 4A is approx. 14,200 feet long and begins at the end of Phase 4 at the Rodd Field Road and Yorldown Boulevard intersection. Phase 4A continues northward along Rodd Field Road until it reaches Holly Road where it is connected to the existing 30" diameter waterline located in Holly Road. Fittings will be provided at the end of Phase 4, beginning of Phase 4A (Rodd Field Road and Yorktown Boulevard) for connection to Phase 5 (to be constructed in the near future). Phase 5 will be located along Yorktown Boulevard from Rodd Field Road to Laguna Shores Road. H:~-IOME~J<.EVINS~EN\WATER'~390 & 8.425SouthsidePh4&4A~LWeldBkgExhA.doc EXHIBIT "A" Page 3 of 3 ~Z 15 AGENDA MEMORANDUM November 9, 2004 SUBJECT: Multi-Purpose Arena - (Project No. 4236) AGENDA ITEM: Motion to authorize the City Manager, or his designee, to execute Change Order No. 12 for the American Bank Center Arena in the amount of $250,489.00 with Fulton Coastcon, Joint Venture of Corpus Christi, Texas, for various architectural, electrical, mechanical and structural modifications. FUNDING: Funding is available from the Arena CIP Funds. RECOMMENDATION: Approval of the motion as presented. Director of Engineering Services ADDITIONAL INFORMATION Exhibit A. Exhibit B. Exhibit C. Exhibit D. Exhibit E. Background Information Prior Actions Change Order Summary Project Budget Location Map H:~-IOME-~KEVINS~GEN~ArenaV~O12Memo.doc ADDITIONAL INFORMATION SUBJECT: American Bank Center Arena - (Project No. 4236) BACKGROUND: This complex project has resulted in a number of Council and administrative actions. A summary of the more significant actions is attached. See Exhibit B. CHANGE ORDER No. 12: Change Order No. 12 provides for a variety of modifications. The modifications include architectural, electrical, mechanical, plumbing and structural items. The change order includes 20 modifications with all but two (2) of the changes have a value less than $20,000. The largest value item (PCO/CR No. 164) is the provision of a masonry screening wall at a cost of $109,226 for the loading dock along the west and south sides of the apron loading area. A prefabricated building will be placed on apron in the future to provide additional storage. This change is necessary to preserve the architectural integrity of the building. The second item (PCO/CR No. 129) provided eight additional accessible parking spaces, retaining wall, and accessible path from the parking lot row immediately west of the Arena to the new sidewalk in the amount of $40,264. The Change Order Summary provides the complete list of items changed and the cost. See Exhibit C. FUTURE COUNCIL ACTIONS; It is anticipated that the only additional change orders or actions for the Arena will be initiated by the City as additional enhancements. FUNDING: The change order is funded by the Arena CIP Funds. The project budget is attached. See Exhibit D. H:\HOME\KEVINS\GEN~Arena\CO12BkgExhA.doc EXHIBIT "A" Page 1 of 1 PRIOR ACTIONS PRIOR COUNCIL ACTION: The Arena and Convention Center projects have involved a number of complex actions. Some of the significant actions by Council include: June 29, 1999 - Ordinance increasing the Hotel-Motel Occupancy Tax Rate from 7% to 9% (Ord. No. 023684). February 8, 2000 - Motion awarding project management contract in the amount of $486,000 to Gilbane Building Company for the Bayfront Convention Center Expansion and Rehabilitation project (M2000-039). November 14, 2000 - Ordinance canvassing returns and declaring the results of the Special Election held on November 7, 2000, in the City of Corpus Chdsti for the adoption of seven propositions; adoption and levying a sales and use tax pursuant to Section 4A of the Development Corporation Act as approved bythe voters in Propositions 4 and 5 (Ord. No. 024269). January 23, 2001 - Ordinance appropriating and advancing $900,000 for the Arena project (Ord. No. 024346). January 30, 2001 - Ordinance appropriating $583,600 from anticipated revenues of the 2% Hotel Occupancy Tax and transferring $583,600 to the No. 3180 Convention Center Capital Improvement Fund (Ord. No. 024348). January 30, 2001 - Motion awarding an architectural services contract to Thompson, Ventulett, Stainback and Associates, Inc. For the multi-purpose arena and Bayfront Convention Center Expansion and Rehabilitation projects providing that $1,383,600 is currently authorized with the remaining balance of $3,093,250 being authorized only upon appropriation of funds (M2001-034) February 13, 2001 - Ordinance appropriating $900,000 from increased revenues generated by the 1/8 cent sales tax increase for the Multi-Purpose Arena Facility. February 13, 2001 - Ordinance rescinding Ordinance No. 024346 which appropriated $900,000 from the Unreserved Fund Balance of the Hotel Motel Occupancy Tax Fund; advancing $900,000 to and appropriating in the No. 3275 Arena Facility CIP Fund. February 20, 2001 - Motion authorizing Amendment No. 2 with Gilbane Building Company in the amount of $281,000 for construction management services during the design phase of the Multipurpose Arena and Bayfront Convention Center Expansion and Rehabilitation projects (M2001-080). July 24, 2001 -Ordinance adopting the FY2001-2002 Budget and appropriating funds as set forth (Ord. No. 024528). Auqust 21, 2001 - Council approval of the Corpus Christi Business and Job Development Board resolution to issue a $5 million note for the land acquisition associated with the Multipurpose Arena and authorization to issue the notes on (Res. No. 024551). H:~-IOM E~EVINS~GEN~,rena\CO12PriorActionsExhB doc EXHIBIT B Page 1 of 4 Auqust 28, 2001 - · Authorization to submit a grant application for an Economic Development Initiative Special Project in the amount of $498,900 for land acquisition to expand the Bayfront Arts and Sciences Park (Res. No. 024563); · Authorization to execute all documents necessary to accept and implement an Economic Development Initiative Special Project for land acquisition to expand the Bayfront Arts and Sciences Park (M2001-339); · Appropriation of $498,900 subject to approval by the U. S. Housing and Urban Development in the No. 1050 Federal State Grants Fund for the FY2001 Economic Development Initiative Special Project for land acquisition to expand the Bayfront Arts and Sciences Park (Ord. No. 024564); · Authorization to execute an earnest money contract in the amount of $250,000 for acquisition of Lots 1 - 12, Block 72, Beach Addition with TRT Development Company for a purchase pdce of $3,319,084 (M2001-340). September 11,2001 - Motion authorizing the City Manager, or his designee, to execute a geotechnical investigation and study in the amount of $39,880.00 with Fugro South, Inc., for the Multipurpose Arena and Convention Center Expansion/Rehabilitation project (M2001-346). October 30, 2001 - Ordinance appropriating $5,000,000 from loan proceeds into the Arena Facility Fund No. 3275 for Multipurpose Arena land acquisition, amending Ordinance No. 024162 which adopted the FY2000-2001 Capital Budget by increasing appropriations by $5,000,000; and declaring an emergency. November 13, 2001 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the architectural services contract with Thompson, Ventulett, Stainback & Associates, Inc., in an amount not to exceed $78,300 for wind tunnel studies of the Corpus Chdsti Ba~ront Convention Center and Multipurpose Arena (M2001--424). September 9, 2002 - a. Ordinance appropriating $425,000 from the Hotel Occupancy Tax Fund No. 1030 un- appropriated fund balance (HB 1655 Convention Center Expansion/Renovation proceeds); authorizing the transfer of $425,000 and appropriating $425,000 in the Convention Center Expansion/Renovation Capital Fund No. 3180 and declaring an emergency (Ord. # 025003) b. Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 in an amount not to exceed $736,465 to the architectural services contract with Thompson, Ventulett, Stainback & Associates, Inc., for additional design and construction phase services for the Corpus Christi Bayfront Convention Center and Multipurpose Arena (M2002-292) November 5, 2002 - Motion approving the recommended ranking of contractors for the Multi-Purpose Arena and authorizing the City Manager or his designee, to enter negotiations in accordance with the Local Government Code (M2002-364). November 26, 2002 - Motion authorizing the City Manager, or his designee, to execute Amendment No. I to the Construction Manager at Risk contract with Moorhouse-Beecroft, Joint Venture, LLC establishing a Guaranteed Maximum Price of $25,000,000 for construction of the Bayfront Convention Center Expansion / Rehabilitation project (M2002- 399). December 17, 2002 - a. Ordinance Appropriating $49,575,939 in the No. 3275 Arena 2002 CIP Fund from the Proceeds of the Sales Tax Revenue Bonds, Series 2002, to Fund the Construction of EXHIBIT B I Page 2 of 4 H:~HOME~J(EVINSV~EN~,rena\CO 12PriorAclionsExhB doc the Area; and Declaring an Emergency. b. Motion authorizing the City Manager, or his designee, to execute a construction contract with Fulton-Coastcon Corp., Joint Venture in an amount not to exceed $34,232,798 for the Multi-Purpose Arena and an amount not to exceed $1,500,000 for the Convention Center Expansion Mechanical System Improvements. (Total Contract = $35,732,798) M2002-430. January 14, 2003 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 4 with Gilbane Building Co. in the amount of $2,575,000 for project management services (construction phase) for the Convention Center Expansion and Rehabilitation ($1,287,500) and Multipurpose Arena Projects ($1,287,500) M2003-013. January 21, 2003 - Motion authorizing the City Manager, or his designee, to execute an engineering materials inspection and laboratory services agreement with Fugro South, Inc. in an amount not to exceed $230,000 for the Bayfront Multi-Purpose Arena project (M2003- 032). May 13, 2003 - Motion authorizing the City Manager, or his designee, to execute Change Order No. 1 for the Multi-Purpose Arena in the amount of $572,309 with Fulton-Coastcon, Joint Venture for changes in the structural, acoustical deck, glazing, electrical and other systems (M2003-173). July 8, 2003 - · Ordinance appropriating $30,485 in unappropriated interest earnings from the Water Capital Improvement Fund No. 4081 (1994 Revenue Bond) for a 12-inch water line and two fire hydrants for the multiple purpose arena; amending the Capital Budget adopted by Ordinance No. 025144 to increase appropriations by $30,485. · Motion to authorize the City Manager, or his designee, to execute a Change Order No. 2 for the Multi-Purpose Arena in the amount of $121,118.00 with Fulton Coastcon, Joint Venture of Corpus Christi, Texas, for architectural revisions including masonry, plumbing, water main, fire hydrants, electrical, mechanical, structural steel, telecommunication, fire standpipes, fire protection, and solid plastic toilet partitions. July 22, 2003 - Motion to authorize the City Manager, or his designee, to execute a Change Order No. 3 for the Multi-Purpose Arena in the amount of $595,000.00 with Fulton Coastcon, Joint Venture of Corpus Christi, Texas, for suite build-out (M2003-260). November 18, 2003 - Motion to authorize the City Manager, or his designee, to execute a Change Order No. 5 for the Multi-Purpose Arena in the amount of $363,609.00 with Fulton Coastcon, Joint Venture of Corpus Chdsti, Texas, for the ice rink chiller unit (M2003-414). December 16, 2003 - Motion to authorize the City Manager, or his designee, to execute a Change Order No. 6 for the Multi-Purpose Arena in the amount of $132,190.00 with Fulton Coastcon, Joint Venture of Corpus Christi, Texas, for various mechanical modifications (M2003-456). February 24, 2004 - Motion to authorize the City Manager, or his designee, to execute a Change Order No. 7 for the Multi-Purpose Arena in the amount of $81,589.00 with Fulton Coastcon, Joint Venture of Corpus Christi, Texas, for various architectural, electrical, and mechanical modifications (M2004-064). March 30, 2004 - Motion to authorize the City Manager, or his designee, to execute Change Order No. 8 for the Multi-Purpose Arena in the amount of $362,039.00 with Fulton Coastcon, Joint Venture of Corpus Christi, Texas, for various architectural, electrical, and mechanical modifications (M2004-122). EXHIBIT B Page 3 of 4 H:'~HOME~KEVINS~ENV~rena~O 12PriorActionsExh B doc April 27, 2004 - Motion to authorize the City Manager, or his designee, to execute Change Order No. 9 for the Multi-Purpose Arena in the amount of $865,793.00 with Fulton Coastcon, Joint Venture of Corpus Chdsti, Texas, for Phase 3 Street and Parking Lot Modifications (M2004-171). June 8, 2004 - Motion to authorize the City Manager, or his designee, to execute Change Order No. 10 for the Multi-Purpose Arena in the amount of $93,457.00 with Fulton Coastcon, Joint Venture of Corpus Christi, Texas, for various architectural, electrical, mechanical and structural modifications (M2004-222). Auqust 31, 2004 - Motion to authorize the City Manager, or his designee, to execute Change Order No. 11 for the Multi-Purpose Arena in the amount of $160,744.00 with Fulton Coastcon, Joint Venture of Corpus Chdsti, Texas, for various architectural, electrical, mechanical and structural modifications (M2004-336). PRIOR ADMINISTRATIVE ACTIONS: July 31, 2000 - Award of Amendment No. 1 in the amount of $7,500 to Gilbane Building Company for architectural selection assistance for the multi-purpose arena. November 4, 2002 - Award of a contract in the amount of $8,800 to Shiner Moseley and Associates for the development of the Convention Center Expansion and Multipurpose Arena Traffic Control Plan. November 12, 2002 - Award of a contract in the amount of $2,800 to MEI Govind for survey services associated with partial closure of Shoreline Boulevard. November 12, 2002 - Award of a contract in the amount of $10,500 to Laurence & Associates for the Multi-Purpose Arena Pile Load Test. October 31, 2003 - Award of Change Order No. 4 for the Multipurpose Arena in the amount $21,459 to Fulton/Coastcon J.V., LLC for recessed light fixtures for aisle lighting at the upper level vomitories. May 17, 2004 - Award of Laboratory and Materials Testing Contract in the amount of $12,970 with Fugro for the Convention Center/Arena Phase 3 Street and Parking Lot Modifications. H:~HOME~EVlNS~GEN~Arena\CO12PriorAclionsExhB doc EXHIBIT B Page 4 of 4 DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET NOVEMBER 9, 2004 PROJECT: MULTI-PURPOSE ARENA Project No. 4236 APPROVED: COUNCIL MOTION No. 2002-430 APPROVED 12/17/02 CONTRACTOR: Fulton/Coastcon J.V., LLC P. O. Box 9486 Corpus Christi, TX 78469 TOTAL CONTRACT AMOUNT ...................... 25% Limit Amount .......................................... 35,732,798.00 8,933,199.50 Change Order No. Change Order No. Change Order No. Change Order No. Change Order No. Change Order No. Change Order No. Change Order No. Change Order No. Change Order No. Change Order No. I (05/13/03 ..................... 2 (07/08/03 ..................... 3 (07/22J03 ..................... 4 (10/31/03 ..................... 5 (11/18/03 ..................... 6 (12/16/03 ..................... 7 (02~24~04 .................... 8 (03~30~04 .................... 9 (04/27/04 .................... 10 (06108104 .................. 11 (08/31/04 .................. Change Order No. 12 (11/09/04 .................. Total .............................................................. 572,309.00 121,118.00 595,000.00 21,459.00 363,609.00 132,190.00 81,589.00 362,039.00 865,793.00 93,457.00 160,744.00 250,489.00 3,619,796.00 = 10.13% < 25% Exhibit C Page 1 of 5 CHANGE ORDER No. 12 Department of Engineering Services City of Corpus Christi, Texas CHANGE ORDER NO: 12 FUNDING SOURCE: 550910-3275-00000-120810 Operating Department: Department of Enqineerinq Services Name of Project: Bayfront Multi-Purpose Arena #4236 Contractor: Fulton Construction/Coastcon Corp. DATE: October 14, 2004 CONTRACT TIME: 640 C.D. CHANGE AS FOLLOWS: Provide each of the following revisions as identified on the a~tached Pages 2 of 4 through 4 of 4 in accordance with the requirements outlined in the Contract Documents. Total Add - Lump Sum: $250,489.00 Why was this change necessary? (If left off the plans and specifications, explain why) The maiodt¥ of the attached proposed revisions include work as required to modify or complete the current set of Desiqn Documents. How can similar changes be avoided in the future? Many of these items could have been included in the odqinal scope of work if additional information would have been available at [he tJme the contract amount was aqreed upon. A CONTRACT PRICE ............................................... $ B. TOTAL CHANGE ORDERS (inc. current) ............ C. NEW CONTRACT PRICE .................................... $ D. THIS CHANGE ORDER ................................... $ E. PERCENT TOTAL CHANGE (B/A) ..................... F. PREVIOUS ADDN'L TIME AUTHORIZED .......... G. ADDN'L CONTRACT TIME THIS CHANGE ORDER H. TOTAL ADDITIONAL TIME ................................. 35,732,798.00 3,619,796.00 39,352,594.00 250,489.00 10.13% 0 CD 0 CD 0 CD Project Engineer CITY OF CORPUS CHRISTI, TEXAS CONTRACTOR By: City Engineer By: Title: APPROVED: Operating Dept. Director of Management & Budget Legal Department Exhibit C Page 2 of 5 CHANGE ORDER No. 12 - ARENA Department of Engineering Services City of Corpus Christi, Texas a.) b.) c.) d.) e.) f.) g.) h.) PCO/CR No. 88 - Provide all additional work associated with the Team Store along the East side of the Arena at the Event Level. All additional work shall be performed in accordance with the Proposal Request No 23 issued by TVS/ARQ/Gignac dated June 14, 2004. Fulton/Coastcon Request for Change Order 139. Add -- $12,032.00 PCO/CR No. 129 - Provide eight (8 each) new handicap accessible parking spaces, retaining wall and sidewalk at the west parking area. All additional work shall be performed in accordance with the Drawings P3-01 dated May 4, 2004 and Drawing STR 761 dated May 24, 2004 issued by MEI Maverick Engineering. Fulton/Coastcon Request for Change Order #132 dated July 6, 2004. Add = $40,264.00 PCOICR No. 130 - Provide revisions to the Club Bar Lounge including modifications to the ddnk rail and guardrail. All additional work shall be performed in accordance with the Proposal Request No. 55 issued by TVS/ARQ/Gignac dated June 14, 2004. Fulton/Coastcon Request for Change Order No. 135 dated July 14, 2004. Add = $7,286.00 PCOICR No. 130 - Provide revisions to the Club Bar Lounge including modifications to the ddnk rail and guardrail. All additional work shall be performed in accordance with the Proposal Request No. 55--R1 issued by TVS/ARQ/Gignac dated September 29, 2004. Fulton/Coastcon Request for Change Order No. 178 dated October 12, 2004. Add = $1,009.00 PCOICR No. 152 - Provide two (2 each) 15,000 BTU air conditioners in the existing Convention Center Telephone MDF Room. All additional work shall be performed in accordance with the Change Request No. 152 issued by Gilbane/AG-CM dated August 6, 2004. Fulton Request for Change Order No. 156 dated August 31, 2004. Add = $4,949.00 PCOICR No. 155 - Provide blockfill and paint CMU at the Southeast intedor comer of the building from the Mezzanine Level to the underside of the roof deck. All additional work shall be performed in accordance with the Fulton Request for Change Order No. 148 dated August 11, 2004. Add = $2,010.00 PCOICR No. 166 - Provide a new6" sleeve in the medium below Shoreline Blvd. for the irrigation conb'ol wiring and the irrigation piping. All additional work shall be performed in accordance with the Fulton/Coastcon Request for Change Order No. 151 dated August 20, 2004. Add : $5,104.00 PCOICR No. 157 - Revise the handrails at the Plaza curbs, ADA ramps, stair curbs, etc. as required to provide vertical pickets in lieu of horizontal pickets. All additional work shall be performed in accordance with the Architect's Supplemental Instructions No. 21-R1 issued by TVS/ARQ/Gignac dated September 2, 2004. Fulton/Coastcon Request for Change Order No. 152 dated August 20, 2004. Add = $11,010.00 Exhibit C Page 3 oi: 5 CHANGE ORDER No. 12 - ARENA Department of Engineering Services City of Corpus Christi, Texas i.) j.) k.) m.) n.) o.) p.) PCOICR No. 158 - Revise the guardrail type and layout on the Mezzanine Level and Upper Level. All additional work shall be performed in accordance with the Proposal Request No. 61 issued by TVS/ARQ/Gignac dated August 31,2004. Fulton/Coastcen Request for Change Order No. 171-R1 dated October 12, 2004. Add = $13,340.00 PCOICR No. 162 - Provide plywood over a 2-hour rated GWB ceiling assembly at Elevators 1 through 4 and Stairs 6 and 7. All additional work shall be performed in accordance with the Proposal Request No. 65 issued by 'I-VS/ARQ/Gignac dated September 2, 2004. Fulton/Coastcon Request for Change Order No. 167 dated September 28, 2004. Add = $7,770.00 PCOICR No. 163 - Provide perforated metal ceiling panels with acoustical fleece backing in lieu of the solid metal panels in the Suites. All additional work shall be performed in accordance with the Fulton/Coastcon Request for Change Order No. 157 dated September 2, 2004. Add = $4,368.00 PCOICR No. 164 - Provide the masonry screen wall at the Loading Dock along the south and east sides of the apron paving area. All additional work shall be performed in accordance with the response to the Fulton/Coastcon Request for Change Order No. 160 dated September 8, 2004. Add = $109,226.00 PCOICR No. 168 - Revise the height, size, quanti~ and location of the stainless steel comer guards. All revised work shall be performed in accordance with the response to the Request for Proposal No. 66 issued by TVS/ARQ/Gignac dated September 10, 2004. Fulton/Coastcon Request for Change Order No. 163 dated September 20, 2004. No Cost PCOICR No. 169 - Provide work associated with finishing and painting the sheetrock partition wall at the southwest comer of the Arena (back stage). All additional work shall be performed in accordance with the Fulton Request for Change Order No. 161 dated September 14, 2004. Add = $1,803.00 PCOICR No. 171 - Provide steel supports to support glass-shelving units at the Club Lounge Bar. All additional work shall be performed in accordance with the Fulton/Coastcon Request for Change Order No. 166 dated September 21, 2004. Add = $1,984.00 PCOICR No. 172 - Provide voice and data cables to the new ATM machine and also to each of the four elevators. All additional work shall be performed in accordance with the Fulton/Coastcon Request for Change Order No. 164-R1 dated September 29, 2004. Add = $1,479.00 Exhibit C Page 4 of 5 CHANGE ORDER No. '12 -ARENA Department of Engineering Services City of Corpus Christi, Texas q.) r.) si) t.) PCOICR No. 173 - Provide changes to the audio/visual sound reinforcing system. All additional work shall be performed in accordance with the Proposal Request No. 67 issued by TVS/ARQ/ Gignac dated September 23, 2004. Fulton/Coastcon Request for Change Order No. 176 dated October 7, 2004. Add = $1,713.00 PCOICR No. ~174 - Provide linoleum floodng and rubber nosings at treads and risers on the Grand Stairs. Also, provide rubber base in all locations where linoleum meets the CMU walls and rubber carpet nosings at the Suites. All additional work shall be performed in accordance with the Proposal Request No. 68 issued by TVS/ARQ/Gignac dated September 24, 2004. Fulton/Coastcon Request for Change Order No. 168-R1 dated October 2, 2004. Add = $18,242.00 PCO/CR No. 176 - Provide laminated granite bullnose at the edge of the Club Bar counter top. All additional work shall be performed in accordance with the Fulton/Coastcon Request for Change Order No. 170 dated October 2, 2004. Add = $1,400.00 PCO/CR No. 181 - Install the Owner furnished toilet accessories in the Restrooms and Locker Rooms. mi additional work shall be performed in accordance with the Fulton/Coastcon Request for Change Order No. 177 dated October 7, 2004. Add = $5,500.00 Exhibit C Page 5 of 5 MULTI-PURPOSE ARENA PRELIMINARY BUDGET April 27, 2004 Arena Proceeds: Federal Grant 49§,900.00 Pdor Year Tax Revenue 1,399,146.33 Bond Proceeds 49,575,939.00 Utilit7 Proceeds 30,485.00 51,473,985.33 Convention Center Proceeds Bond Proceeds (Approriated Nov. 26, 2002) Available Funds Expenditures Land Acquisition 1,500,000 00 52,973,985 33 Change Order Change Order Change Order Change Order Change Order Change Order Change Order Change Order Change Order Change Order 3,328,828.39 Subtotal 3,328,828.39 Construction 34,232,798.00 Contingency (0.43%) 148,068.00 Change Order No. I (Structural V.E.) 572,309.00 No. 2 (Mechanical) 121,118.00 No. 3 (Suites) 595,000.00 No. 4 (vornitory ligh[ r~xtures) 21,459.00 No, 5 (Ice Rink Chiller) 363,609.00 No. 6 (Mechanical structural) 132,190.00 No. 7 (Arc~., elec.,& mech.) 81,589.00 No. 8 (Arch,, elec.. & mech.) 362,039.00 No. 9 (Roadway) 432.896.50 No. 10 (Arch.. elec. rnech, struc.) 93,457.00 No. 11 (Arch.. elec, mech, struc.) 160,74.4.00 Change Order No. 12 (Arch., elec. mech. ) 250,489.00 Convention Center Share of Mechanicel Plant 1,500,000.00 NE 2,786,350.00 NE Amendment l& 2 (split pewt, road, etc.) 461,199.00 AlE Amd 3 (rool~ inspection & renderings) 13,850.00 NE Roadway 21,000.00 NE Roadway Amend No, 1 (Landscape Arch.) 2,695.00 Survey 4,080.00 Pier Test (Laurence & Assoc./Large & Sons) 35,080.00 Southwestern Bell 5,325.47 Legal Fees (Locke, Liddell & Sapp) 20,000.00 Facile' Manager (SMG) 125,000.00 Engineering Reirnb. 124,000.00 Administral~ve Charges 60,600.00 Geotechnical 27,880.00 Planning - Ci[7 Services 21,515.00 Project Management 288,500.00 PM Construction Phase 1,300,000 00 Art 185,000 00 Materials testing/laboratory 257,880 O0 Materials testing/laboratory C.O. 9 Roadway 6,485.00 Misc. (Pnn[mg, Postage, etc.) 130,000.00 Subtotal 44,94~,204.97 Other Contracts Seating 1,230,504.75 Food Concession Equiprnenl 407,123.00 C,O, 1 (expresso machine, fl-eezers, hot dog eq.) i8,869.00 Signage and Wayflnding 144,455 00 1,800,951.75 Furnishing/Fixtures/Equipment FFE 2,900,000.00 Subtolal 2,900,000.00 Total 52,973,985 11 Exhibit D Page 1 of 1 File : \M~oroject\coun¢ilezhibits\exh4236c12.dwg HARBOR BRIDGE N PROJECT SZTE CORPUS CHRISTI BAY CITY PROJECT No. 4236 VICINITY ~,lAP NOT TO ~ MUL TI-PURPOSE ARENA (Chonge Order No 12) CITY OF CORPUS CHRI$~, ~XAS CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: I of 1 DATE: ! 1-09-2004 EXHIBIT "E" 16 AGENDA MEMORANDUM November 9, 2004 SUBJECT: Bayfront Arts and Sciences Park - Traffic Management AGENDA ITEM: Ordinance Authorizing the City's Director of Engineering Services, or Designee, to Implement a Traffic Management Plan In The Bayfront Arts And Science Park and Surrounding Area, including the Modification of Traffic Regulations, as Needed during Special Events at the American Bank Center for a Period of up to 120 Days; and Declaring an Emergency. FUNDING: Adoption of the ordinance does not commit to any expenditure of funds. RECOMMENDATION: Staff recommends approval of the ordinance as presented. Director- Engineering Services Attachments: Exhibit A - Additional Information Exhibit B - Ordinance H:~-IOME~(EVINS~ E NV~-e n a\TRAFFIC\Ord M em o,d ~c ADDITIONAL INFORMATION BACKGROUND: The number of events associated with the American Bank Arena, Convention Center and other facilities requires flexibility to respond to changing conditions quickly. The current ordinance requires presentation to the Transportation Advisory Committee and City Council prior to street closures or alteration of traffic markings and controls. This is not deemed to be practical given the number of events with differing traffic control requirements that will be needed on relatively short notice. Any controls of modifications that will extend beyond 120 days will be presented to Council as an ordinance for ratification to amend the City Code of Ordinances (Chapter 53 - Traffic). CURRENT TRAFFIC MODIFICATIONS: A number of traffic controls were implemented under current the authority granted to the City Engineer and Police Department for the opening events of the Amedcan Bank Center Arena. These controls include implementation of: · parking prohibitions on portions of Shoreline Boulevard after 5:00 p.m.; · establishment an exclusive RTA traffic lane; · closure of Resaca Street between Chaparral and Shoreline during events; · closure of Water Street between Resaca and Fitzgerald dudng events; · conversion of Chaparral from two lanes to four lanes from I. H. 37 to Fitzgerald; · conversion of Chaparral from two lanes to three lanes between Fitzgerald and Resaca; and · no parking on Chaparral north of I.H. 37 on event days after 5:00 p.m. ORDINANCE: The ordinance provides for the Director of Engineering Services, or designee, to be authorized to implement a traffic management plan, as needed on a recurring basis during special events at the American Bank Center. The plan is limited to a pedod of up to 120 days unless presented to Council for ratification. The plan to be implemented is limited the management and control of traffic in the Bayfront Arts and Science Park and surrounding area. Exhibit A Page I of 1 H :~-IOM E~EVIN S\G ENV~ren a\TRAFFIC~) rd B kg Exh,A doc AN ORDINANCE AUTHORIZING THE CITY'S DIRECTOR OF ENGINEERING SERVICES, OR DESIGNEE, TO IMPLEMENT A TRAFFIC MANAGEMENT PLANINTHE BAYFRONTARTS AND SCIENCE PARK AND SURROUNDING AREA, INCLUDING THE MODIFICATION OF TRAFFIC REGULATIONS, AS NEEDED DURING SPECIAL EVENTS AT THE AMERICAN BANK CENTER FOR A PERIOD OF UP TO 120 DAYS; AND DECLARING AN EMERGENCY. WHEREAS, there is a need to manage special event traffic within the Bayfront Arts and Science Park and surrounding area due to the opening of the American Bank Center; WHEREAS, due to the frequency of special events in the first months of operation, a reoccurring traffic management plan is necessary for the efficient movement of vehicles and pedestrians; WHEREAS, to avoid bringing the same traffic management plan before Council for approval prior to each event, a one time approval of the plan for the initial operating period of the Amedcan Bank Center is perceived to be a more efficient practice. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City's Director of Engineering Services, or designee, is authorized to implement a traffic management plan, (Exhibit) as needed on a recurring basis during special events at the Amedcan Bank Center, for a pedod of up to 120 days, to manage and control traffic in the Bayfront Arts and Science Park and surrounding area. SECTION 2. Any modification of traffic regulations that will extend beyond the initial 120 day period shall be brought before City Council as an action item for ratification and approval by Council. SECTION 3. That upon written request of the Mayor or five council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the 9th day of November, 2004. Exhibit B Page 1 of 2 A'I-rEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor ,2004 By: ~mey/"~ ~. Joseph Assisl~nJ C~ Al~omey For C~ A~omey P~O) ,(2) NORTH (~R~W.) / Po~r) POST- EVENT TRAFFIC AND PARKING NORTH ~- 130 PD(1) PRE-EVENT TRAFFIC AND PARKING N t t ~ 17 CITY COUNCIL AGENDA MEMORANDUM November 9, 2004 AGENDA ITEM: Motion authorizing the City Manager to execute an Amended and Restated Parking Area Lease between the Port Of Corpus Christi Authority of Nueces County, Texas; Corpus Christi Baseball Club, LP; and the City of Corpus Christi. ISSUE: The Port of Corpus Christi Authority ("POCCA") and Corpus Christi Baseball Club ('q'eam") renegotiated the parking lease related to the new baseball stadium. The new lease provides for a more direct relationship between the Team and POCCA, while preserving the City's interest as the owner of the stadium. REQUIRED COUNCIL ACTION: Approval of motion authorizing the City Manager to execute the amended and restated parking area lease. PREVIOUS COUNCIL ACTIONS: Motion authorizing the City Manager to execute a Contract of Purchase and Lease of Port property with the Port of Corpus Chdsti Authority for the City of Corpus Christi baseball stadium and related parking spaces, subject to the certification of funds (M2003-453, on 12/16/03). Authorizing the City Manager to execute a long-term lease with Round Rock Baseball, Inc. to manage and operate a baseball stadium to be constructed by the City, in consideration of the payment of rent and the obligation to have a minor league baseball team affiliated with major league baseball play its home games in the stadium; providing for severance; and providing for publication (Ordinance 25662, on 02/24/04). Motion authorizing the City Manager to execute a parking lease with the Port of Corpus Chdsti Authority for the Baseball Stadium (M2004-161 on 04/20/04). Motion authorizing the City Manager to assign the parking lease with the Port of Corpus Christi Authority for the Baseball Stadium to Round Rock Baseball, Inc. (M2004-162 on 04/20/04). FUNDING: N/A. RECOMMENDATION: Approval of amended a~l res~ted parking lease. /12~rge K. Noe f C~ Manager BACKGROUND INFORMATION The Port of Corpus Chdsti Authority ("POCCA") and Corpus Christi Baseball Club ("Team") renegotiated the parking lease related to the new baseball stadium. The new lease provides for a more direct relationship between the Team and POCCA, while preserving the City's interest as the owner of the stadium. The changes include: Parking area is increased from 1,500 spaces to approximately 2,000 (on the South Lot and West Lot), all to be improved by the Port consistent with Dell Diamond standard. Team has certain overflow parking rights with respect to other Port property in the area. The Team has the right to use the East Lot and Southeast Lot for overflow parking, unless: 1. Either lot is sold or developed. 2. The Port reserves all or part of either lot for cruise ship parking. 3. The Team is notified 4 days in advance that all or part of either lot is being reserved for parking associated with an Ortiz Center event. · Team is now in control of and manages the parking area year round, not just dudng the baseball season. Rent structure has been modified. Team still gets 100% of revenue on baseball days. Port gets 100% of net receipts (gross receipts less actual staffing expenses) for Port Days. Port gets 50% of net receipts for Team special event (non-baseball) days. · Team has "trump" rights to redesignate Port Days as Team Days for playoff games, rainout games, etc. · Off-season maintenance and repair responsibility lies with the Team, but with the Landlord being responsible to pay its fair share of associated costs. The City retains its reversionary right based on the prior assignment of the lease from the City to the Team. The City is shown as a party to the Amended and Restated Parking Area Lease. Under sections 9(a) and 9(b) of the amended lease, the Port only has the right to approve the form of the sublease or assignment document and to verify that the assignee/sublessee meets the parking lease insurance requirements, not the right to reject the assignee or sublessee under any assignment or sublease made under stadium lease. "Final" as approved by Port 10-12-04 AMENDED AND RESTATED PARKING AREA LEASE This Amended and Restated Parking Area Lease (herein "Lease ") is made and entered into effective as of this __ day of ,2004 (the "Effective Date "), by and between the PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TEXAS, a political subdivision of the State of Texas operating as a navigation district puxsuant to Article XVI, Section 59 of the Texas Constitution and the laws of the State of Texas, particularly Chapters 60 and 62 of the Texas Water Code (hereinafter called "Landlord"), CORPUS CHRISTI BASEBALL CLUB, LP, a Texas limited parmership (hereinafter called "CCBC"), and the CITY OF CORPUS CHRISTI, a Texas municipal corporation (hereinafter called "City "), upon the following terms, conditions and agreements: Landlord owns title to the following described real property and any improvements thereon: That certain tract of land located in Nueces County, Texas, designated as Lot 1, Block 1 on Exhibit A of this Lease ("Exhibit A ") and being all of Lot 1, Block 1, of Port Addition, City of Corpus Christi, according to the map or plat thereof recorded in Volume 63, Page 88 of the map records of Nueces County, Texas (" West Parking Lot"). That certain tract of land located in Corpus Christi, Nueces County, Texas designated as the "South Parking Lot" on Exhibit A and described by metes and bounds in Exhibit B of this Lease ("South Parking Lot"). That certain tract of land located in Nueces County, Texas, designated as Lot 1, Block 2 on Exhibit A and being all of Lot 1, Block 2 of Port Addition, City of Corpus Christi, according to the map or plat thereof recorded in Volume 63, Page 88 of the Map Records of Nueces County, Texas ("Southeast Parking Lot')_ That certain tract of land located in Nueces County, Texas, designated as Lot 3, Block 1 on Exhibit A, SAVE AND EXCEPT the 60-foot-wide access and utility easement along the western boundary of this Lot 3, Block 1 (the "Easement'), and being all of Lot 3, Block 1 of Port Addition, City of Corpus Ckristi, according to the map or plat thereof recorded in Volume 63, Page 88 of the Map Records of Nueces County, Texas, SAVE AND EXCEPT the Easement ("East Parking Lot'). Landlord and the City entered into that certain Parking Area Lease dated April 23, 2004 (the "Original Lease") with respect to the West Parking Lot, the South Parking Lot, and the Southeast Parking Lot, and the City thereafter assigned the Original Lease to Round Rock Baseball, Inc. ("RRB") pursuant to that certain Assignment of Leases dated effective April 24, 2004. CCBC is the successor-in-interest to RRB under the Original Lease and under the Baseball Stadium Lease (hereinafter defined) pursuant to that certain Assignment from RRB to CCBC dated September 30, 2004. Landlord, City and CCBC now desire to amend the Original Lease and to fully restate in this Lease the terms and conditions (i) upon wkich Landlord agrees to lease to CCBC, and CCBC agrees to lease from Landlord, the Leased Premises (as defined below), and (ii)upon which Landlord agrees to let CCBC use the Offsite Property for Overflow Parking (as those terms are de£med below). NOW THEREFORE, in consideration of the covenants herein contained, and other good and valuable consideration, the receipt and sufficiency of which is hereby expressly acknowledged, Landlord, Tenant and City hereby CONTRACT, COVENANT and AGREE as follows: 1. DEFINITIONS (a) "Actual Staffing Expenses" shall mean the following mounts: (1) for any Port Day or Team Special Event Day, the actual out-of-pocket expenses incurred by Tenant in providing personnel to manage parking operations on the Leased Premises and Overflow Parking; and (2) for any Port Offsite Parking Day, the actual out-of-pocket expenses incurred by Tenant in providing personnel to manage parking operations on the Offsite Property. (b) "Baseball Season" shall mean, with respect to the year 2005 and each calendar year thereafter during the Term of this Lease, the period in such calendar year beginning ten Business Days before the Team's first preseason game in the Stadium that year and ending three Business Days after the later of the Team's last regular season or playoff game in the Stadium that year. (c) "Baseball Stadium Lease" shall mean the Stadium Lease Agreement dated April 24, 2004, between the City and CCBC (as successor-in-interest by assignment to RRB). (d) "Business Days" shall mean any day other than a Saturday, Sunday, or a holiday on which Landlord's business is closed. (e) "Commencement Date" shall mean the date that is ten Business Days before the Team' s first preseason game in the Stadium. (f) "Excluded Site" shall have the meaning given to it in subparagraph 2(d)(7). (g) "Gross Parking Receipts" shall mean the following amounts, excluding sales taxes, if any: (1) for any Port Day, the gross amount actually collected by or for Tenant for the right to park on the Leased Premises and for Overflow Parking; (2) for any Team Special Event Day, the gross amount actually collected by or for Tenant for the right to use the Leased 2 Premises, for the right to park on the Leased Premises and for Overflow Parking; and (3) for any Port Offsite Parking Day, the gross amount actually collected by or for Tenant for the fight to park on the Offsite Property. (h) "Lease Year" shall mean the period beginmng on the first day of each Baseball Season and ending on the last day of the Off Season following such season. (i) "Leased Premises" shall mean the West Parldng Lot and the South Parking Lot; provided, however, that if Landlord sells or leases the Pad Site to a third party in connection with the construction of a building on the Pad Site, the Pad Site shall thereafter be excluded from the Leased Premises for all purposes of this Lease; and provided further, however, that if Landlord exercises ~ts election to exclude the Excluded Site from the Leased Premises in accordance with subparagraph 2(d)(7), the Excluded Site shall thereafter be excluded from the Leased Premises for all purposes of this Lease. O) "Net Receipts" shall mean the following amounts: (1) for any Port Day, the Gross Parking Receipts for such Port Day less Actual StalTmg Expenses for such Port Day; (2) for any Team Special Event Day, the Gross Parking Receipts for such Team Special Event Day less Actual Staffing Expenses for such Team Special Event Day; and (3) for any Port Offsite Parking Day, the Gross Parking Receipts for such Port Offsite Parking Day less Actual Staffing Expenses for such Port Offsite Parking Day. (k) "Off Season" shall mean, with respect to each Baseball Season, the period beginning on the day after the end of such season and ending on the day before the beghnning of the next Baseball Season. (1) "Offsite Property" shall mean the Southeast Parking Lot and the East Parking Lot; provided, however, that the Excluded Site shall be included in the Off?site Property simultaneously with its exclusion from the Leased Premises; and provided further, however, that each time Landlord sells or leases all or any portion of the Southeast Parking Lot, the East Parking Lot or the Excluded Site to a thkd party (the tract so sold or leased being referred to herein as the "Third Party Tract") in connection with the third party's development of the Third Party Tract and/or adjacent property, that Third Party Tract shall thereafter be excluded fi:om the Offsite Property for all purposes of this Lease; and provided further, however, that each time the Landlord commences the development of all or any portion of the Southeast Parking Lot, the East Parking Lot or the Excluded Site (the tract to be developed being referred to herein as the "Port Development Tract") in connection with the Landlord's development of the Port Development Tract and/or adjacent property, that Port Development Tract shall thereafter be excluded from the Offsite Property for all purposes of this Lease; and provided further, however, that Tenant shall have no responsibility whatsoever for any portion of the Offsite Property on Ortiz Center Event Days. (m) "Open Days" shall mean, at any given time during any Lease Year, the days in that Lease Year ~vhich have not been designated as Port Days, Team Baseball Days, Team Special Event Days, or Ortiz Center Event Days as of that point in time. (n) "Ortiz Center Event Days" shall mean the days during any Lease Year that have been designated by the Landlord or a representative of the company managing the Congressman Solomon P. Ortiz International Center (the "Ortiz Center") as Ortiz Center Event Days in accordance with subparagraph 3(b) for purposes of permitting private parking on the Offsite Property by persons who are attending an event at the Ortiz Center. (o) "Overflow Parking" shall mean the overflow parking on the Offsite Property that occurs on Team Baseball Days, Team Special Event Days or Port Days, as applicable, pursuant to subparagraph 3(g). (p) "Pad Site" shall mean that part of the West Parking Lot, in the southwest quadrant thereof, which is designated as the Pad Site on Exhibit A. (co "Person" shall mean any association, individual, corporatton, governmental entity, partnership, joint venture, business association, estate or any other organi?ation or entity. (r) "Port Days" shall mean the days during any Lease Year that have been designated by the Landlord as Port Days in accordance with subparagraph 2(c) for the purpose of permitting public parking on the Leased Premises, but shall not include any Port Days that are converted to Team Baseball Days or Team Special Event Days in accordance with subparagraph 2(d). (s) "Port Offsite Parking Days" shall mean the days during any Lease Year that have been designated by the Landlord as Port Off`site Parking Days in accordance with subparagraph 3(a) for the purpose of permitting public parking on the Off.site Property in connection with an event on or in the vicinity of the Offsite Property. (t) "Stadium" shall mean the baseball stadium to be constructed by the City on that certain tract of land located m Nueees County, Texas desi~a~ed as Lot 2, Block 1 on Exhibit A pursuant to the Baseball Stadium Lease. (u) "Team" shall mean the minor league baseball franchise owned by Tenant then authorized to play baseball in the Stadium under the terms of the Baseball Stadium Lease. (v) "Team Baseball Days" shall mean the days during any Baseball Season that have been designated by the Tenant as Team Baseball Days in accordance with subparagraph 2(b) or 2(d) and upon which the Team plays a game in the Stadium, whether preseason, exhibition, regular season or post season, but shall not include any Team Baseball Days that are deemed to be Team Special Event Days pursuant to subparagraph 2(d)(6). (W) "Team Special Event Days" shall mean (i) the days during any Lease Year that have been designated by the Tenant as Team Special Event Days in accordance with subparagraph 2(b) or 2(d) and on which an event hosted or promoted by the Team takes place at the Stadium andJor the Leased Premises, and (ii) those Team Baseball Days that are deemed to be Team Special Event Days pursuant to paragraph 2(d)(6). (x) "Tenant" shall mean CCBC or any successor thereto or assignee thereof permitted under this Lease. 4 (y) "Term" shall have the mearfing given to it in subparagraph 4(a). 2. LEASED PREMISES (a) Subject to and in accordance with the terms and conditions hereof, Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the Leased Premises, together with all rights, privileges, easements and appurtenances thereto, for the Term of this Lease. Tenant may only use the Leased Premises for Stadium and event parking or for events hosted or promoted by the Team, including any lawful purposes related or incidental thereto (subject to paragraph 8 below), on Team Baseball Days and Team Special Event Days; provided that Tenant shall also manage the Leased Premises on Port Days. (b) At least thirty (30) days prior to the begirming of each Lease Year, Tenant shall give Landlord written notice (the "First Game Notice ") of the date the Team's first preseason game is scheduled to be played in the Stadium that Lease Year and the dates of any other Team Baseball Days or Team Special Event Days which have been scheduled for such Lease Year as of the date of the First Game Notice. Once Tenant has given Landlord the First Game Notice for any Lease Year, fi.om time to time thereafter Tenant may designate one or more Open Days in such Lease Year as Team Baseball Days or Team Special Event Days in accordance with the procedures set forth in this subparagraph 2(b) Tenant may designate an Open Day as a Team Baseball Day or Team Special Event Day by giving Landlord written notice of such designation by 5:00 p.m. of the fourth Business Day irranediately preceding such day, unless Landlord agrees to extend this deadline; provided, however, that if a Team baseball game is cancelled because of or as a result of forces of nature or other causes beyond Tenant's control and if such game is rescheduled after the deadline by the Team's league to be played in the Stadium on an Open Day, Tenant may designate such Open Day as a Team Baseball Day by giving Landlord written notice of such designation prior to the start of the reschednled game; and provided further, however, that if after the deadline a Team playoff baseball game is scheduled by the Team's league to be played in the Stadium on an Open Day, Tenant may designate such Open Day as a Team Baseball Day by giving Landlord written notice of such designation prior to the start of the playoff game. Tenant shall also give Landlord written notice of the cancellation of any Team Baseball Day or Team Special Event Day as soon as practicable after Tenant becomes aware of such cancellation. (c) Once Landlord has received the First Game Notice for any Lease Year, from time to time thereafter Landlord may designate one or more of the Open Days in such Lease Year as Port Days in accordance with the procedures set forth in this subparagraph 2(c). Landlord may designate an Open Day as a Port Day by giving Tenant written notice of such designation by 5:00 p.m. of the fourth Business Day immediately preceding such day, unless Tenant agrees to extend this deadline. Landlord shall also have the fight to withdraw any Port Day designation by giving Tenant written notice of such withdrawal by 5:00 p.m. of the fourth Business Day irrm~ediately preceding such Port Day or any later time acceptable to Tenant. (d) Notwithstanding anything to the contrary contained herein - (1) If a Team baseball game is cancelled because of or as a result of forces of nature or other causes beyond Tenant's control and if such game is rescheduled by the Team's league to be played in the Stadium on a Port Day, Tenant shall promptly give Landlord written notice of such change and the Port Day shall be converted to a Team Baseball Day. (2) If a Team playoff baseball game is scheduled by the Team's league to be played in the Stadium on a Port Day, Tenant shall promptly give Landlord written notice of such playoff game and the Port Day shall be converted to a Team Baseball Day. (3) Except as provided in (1) and (2) of this subparagraph 2(d), if the Tenant wishes to schedule a Team baseball game in the Stadium on a day which has already been designated as a Port Day, the Tenant may convert the Port Day to a Team Baseball Day by giving Landlord written notice of such conversion at least thirty (30) days prior to such Port Day. (4) If the Tenant wishes to schedule a Team Special Event Day on a day which has already been designated as a Port Day, the Tenant may convert the Port Day to a Team Special Event Day by giving Landlord written notice of such conversion at least thirty (30) days prior to such Port Day. (5) If there are more than the Maximum Number (as defined herein) of Team Baseball Days during any Baseball Season, each Team Baseball Day in such season after the Maximum Number shall be deemed to be a Team Special Event Day for purposes of this Lease. As of the Effective Date, "Maximum Number" shall mean eighty (80), but the Maximum Number may be increased from time to time in accordance with subparagraph 2(d)(6). (6) As of the Effective Date, league roles governing the Team provide for seventy (70) regulax season home games during a single Baseball Season. If league rules should ever provide for more than seventy (70) regular season home games during any Baseball Season during the Term, the Maximum Number in subparagraph 2(d)(5) for such Baseball Season shall equal the sum of eighty (80) plus the number of regular season home games during such Baseball Season over seventy (70). (7) The last sentence of section 7.16 of the Baseball Stadium Lease provides that Tenant shall have the right, following the third full lease year under the Baseball Stadium Lease, to substitute a different professional baseball team if the Tenant reasonably determines that the local market will not support a triple-A, double-A or single-A team. If Tenant substitutes a different team pursuant to section 7.16 of the Baseball Stadium Lease, any time thereafter Landlord may elect to exclude a portion of the South Parking Lot (the "Excluded Site ") from the Leased Premises by giving Tenant and the City (i) written notice of Landlord's decision to exercise its election under this subparagraph 2(d)(7) and (ii) a metes and bounds description of the Excluded Site. The Excluded Site shall be excluded from the Leased Premises (and included in the Off'site Property) fi.om and after the date Tenant receives Landlord's notice and a metes and bounds description of the Excluded Site pursuant to this subparagraph 2(d)(7); provided, however, that if the ~nonument type sign described in subparagraph 2(e) is on the Excluded Site, the sign itself shall be deemed to be on the Leased Premises for all purposes of this Lease. The Excluded Site shall be of such size and shape that after the Excluded Site is removed from the Leased Premises the remaining Leased Premises shall contain at least 1,500 of the original parking spaces constructed pursuant to subparagraph 6(a), unless Tenant agrees to a lesser number of parking spaces. (e) Tenant shall be entitled to retain all parking revenue derived from the Leased Premises and Overflow Parking on Team Baseball Days. In addition, Tenant shall be entitled to place advertising on or about the Leased Premises, including, but not limited to, painting or adhering signs on light poles and other structures situated upon the Leased Premises and shall be entitled to keep and retain any and all revenue derived from any such advertising. Tenant shall also have the right to construct and install in the northeast comer of the South Parking Lot, at Tenant's sole cost and expense, a monument type sign with electronic marquee to advertise the Stadium and upcoming baseball games and other events to be held at the Stadium, such monument type sign to be similar in size and appearance to the one located at Dell Diamond baseball stadium in Round Rock. Texas, on the Effective Date. Landlord shall have the right to approve the specific location for this monument sign, such approval not to be unreasonably withheld or delayed. Except as provided in the preceding sentence, Tenant may not construct any painted panel billboards, poster panel billboards, or other advertising structures on the Leased Premises without the Landlord's prior written consent, which consent may be conditioned upon Landlord receiving a share of the revenue payable to Tenant for advertising on these structures. Tenant agrees that no advertising shall be allowed on the Leased Premises for sexually oriented businesses, as defined in the City Code of the City, or for political candidates or political issues. (f) As partial consideration for the rights granted to Tenant under this Lease, Tenant agrees to open and operate the Leased Premises on Port Days in the same manner it operates the Leased Premises on Team Baseball Days and Team Special Event Days, with appropriate increases or decreases in statTmg given the anticipated attendance for the events being held on such Port Days. (g) From time to time, Landlord and Tenant shall agree on the parking rates to be charged on Port Days; provided, however, that if the parties cannot agree on such parking rates, then Landlord shall determine the parking rates for Port Days. Tenant shall determine the parking rates and sublease rental rates for Team Special Event Days. Tenant agrees that it will use commercially reasonable efforts to prevent anyone who does not pay the parking rates or sublease rental rates, as applicable, established pursuant to this subparagraph from parking on or using the Leased Premises on Port Days and Team Special Event Days. (h) On all days that are neither Team Baseball Days, Team Special Evem Days, nor Port Days, Tenant shall close the entrances to the Leased Premises in such a manner so as to prohibit access to the Leased Premises for public parking purposes. (i) Tenant shall be in charge of parking operations on the Leased Premises on Team Baseball Days, Team Special Event Days and Port Days. Tenant agrees to conduct the parking operations on the Leased Premises in accordance with good and prudent event parking and parking lot management practices. 7 3. OFFSITE PROPERTY (a) Once Landlord has received the First Game Notice for any Lease Year, from time to time thereafter Landlord may designate one or more of the Open Days or Port Days in such Lease Year as Port Offsite Parking Days in accordance with the procedures set forth in tkis subparagraph 3(a). Landlord may designate an Open Day or a Port Day as a Port Offsite Parking Day by giving Tenant written notice of such designation by 5:00 p.m. of the fourth Business Day immediately preceding such day, unless Tenant agrees to extend this deadline. Landlord may also designate a day in a future Lease Year as a Port Offsite Parking Day with the written permission of Tenant. Landlord shall also have the right to withdraw any Port Offsite Parking Day designation by giving Tenant written notice of such withdrawal by 5:00 p.m. of the fourth Business Day immediately preceding such day or any later time acceptable to Tenant. Tenant shall not have the umlateral right to cancel any Port Offsite Parking Day designation, but Tenant may ask Landlord to withdraw such designation in accordance with Landlord's rights to do so under subparagraph 3(a). A Port Offsite Parking Day may also be cancelled by an Ortiz Center Event Day designation pursuant to subparagraph 3(b). Co) From time to time during the Term of this Lease, Landlord or a representative of the company managing the Congressman Solomon P. Ortiz International Center (the "Ortiz Center') at that thne (such representative being referred to herein as an "Ortiz Center Represenlative ") may designate one or more days as Ortiz Center Event Days in accordance with the procedures set forth in this subparagraph 3(b). Landlord or an Ortiz Center Representative may designate any day as an Ortiz Center Event Day by giving Tenant written notice of such designation by 5:00 p.m. of the fourth day immediately preceding such day, unless Tenant agrees to extend this deadline. On any day that is designated as an Ortiz Center Event Day, no Overflow Parking shall be permitted on the Offsite Property. Furthermore, if any Port Offsite Parking Day is subsequently designated as an Ortiz Center Event Day, the designation of such day as a Port Off`site Parking Day shall automatically be cancelled. (c) As partial consideration for the rights granted to Tenant under this Lease, Tenant agrees to open and operate the Offsite Property, or so much thereof as is designated by Landlord, for public parking on Port Offsite Parking Days with appropriate staffing given the anticipated attendance for the events being held on such Port Offsite ParkIng Days. If Landlord w/shes to restrict parking on any Port Offsite Parking Day to a particular portion of the Off`site Property, Landlord shall so specify in its written notice designating such day as a Port Offsite Parking Day. If Landlord designates any day as both a Port Day and a Port Offsite Parking Day, Tenant will allow the public to park on the Oft'site Property first if requested to do so by Landlord in its written instructions delivered to Tenant by 5:00 p.m. of the fourth Business Day inunediately preceding such day, unless Tenant agrees to extent this deadline. (d) From time to time, Landlord and Tenant shall agree on the parking rates to be charged on Port Offsite Parking Days; provided, however, that if the parties cannot agree on such parking rates, then Landlord shall determine the parking rates for Port Offsite Parking Days. (e) If Landlord restricts parking on any Port Offsite Parking Day to a particular portion of the Offsite Property in accordance with subparagraph 3(c), Landlord may use or permit a th/rd party to use some or all of the remainder of the Offsite Property on such Port Offsite Parking Day for an evem. Landlord shall determine the user fees, if any, for such events, and Landlord shall be entitled to retain any user fees it collects for such events. (f) Landlord agrees not to offer or permit others to offer public parking on the Off`site Property on any day that is a Team Baseball Day or Team Special Event Day without Tenant's written consent, unless such day is also a Port Off`site Parking Day or an Ortiz Center Event Day. (g) Tenant shall have no fight to use the Off`site Property for overflow parking on any day that is an Ortiz Center Event Day or Port Offsite Parking Day. Subject to the restrictions in the preceding sentence, Tenant shall have the right to use the Off`site Property for overflow parking on Tean~ Baseball Days, Team Special Event Days, and Port Days. Any Offsite Property that is used by Tenant for overflow parking shall be accepted by Tenant in its "AS IS" condition, and Landlord shall have no obligation to improve or maintain the Offsite Property. (h) To the extent it is practicable to do so, Tenant shall close the entrances to the Offsite Property in such a manner so as to prohibit public access to the Offsite Property for public parking purposes on any day that is not an Ortiz Center Event Day, Port Off`site Parking Day, Team Baseball Day, Team Special Event Day, or Port Day. (i) Tenant shall be in charge of parking operations on the Off`site Property on Port Offsite Parking Days and the Overflow Parking on the Offsite Property described in subparagraph 3(g), but Tenant shall not be in charge of parking operations on the Offsite Property on Ortiz Center Event Days. Landlord or the company managing the Ort~z Center or a third party designated by the Landlord or the Ortiz Center Representative shall be in charge of parking operations on the Offsite Property on Ortiz Center Event Days. (j) Landlord understands and agrees that parking on the Offsite Property on Ortiz Center Event Days is exclusively for persons attending events at the Ortiz Center on such days, and Landlord shall use reasonable efforts to ensure that no persons are parking on the Off`site Property on Ortiz Center Event Days for the purpose of attending baseball games at the Stadium or other events hosted or promoted by the Team in the Stadium and/or the Leased Premises. (k) Notwithstanding anything to the contrary contained in tiffs Agreement, Landlord may at any time during the Term set aside a portion of the Offsite Property for long-tc,m parking for cruise ship passengers by giving Tenant written notice of such set-aside. The notice shall specify the portion of the Offsite Property which the Landlord has elected to set aside for cruise ship parking. Following such notice, the portion of the Offsite Property set aside for cruise ship parking shall be deemed to be a Port Development Tract and shall thereafter be excluded from the Offsite Property. (I) Landlord shall give Tenant a metes and bounds description of each Third Party Tract or Port Development Tract (as those terms are defined in the def'mition of Offsite Property in paragraph 1) as soon as practicable after Landlord determines the existence of a Third Party Tract or a Port Development Tract, and Landlord's determination in this regard shall be conclusive and binding on Tenant. 4. TERM AND RENT (a) The term (the "Term ") of this Lease shall commence upon the Commencement Date and shall continue until the termination of the Baseball Stadium Lease, unless earlier terminated in accordance with the express terms of this Lease. (b) If Tenant fails to vacate the Leased Premises at the time this Lease terminates, Tenant will become a tenant-at-will and shall vacate the Leased Premises immediately upon receipt of a demand from Landlord to do so. No holding over by Tenant, with or without the consent of Landlord, will extend this Lease. (c) Tenant shall pay to Landlord rent ("Rent") in an amount equal to the sum of the following amounts: (1) fifty percent (50%) of the Net Receipts on Team Special Event Days; (2) one hundred percent (100%) of the Net Receipts on Port Days; and (3) one hundred percent (100%) of the Net Receipts on Port Offsite Parking Days. Tenant and Landlord understand and agree that under the terrus of this Lease any one day during the Term of this Lease could be (i) both a Team Baseball Day and a Port Offsite Parking Day, (ii) both a Team Special Event Day and a Port Offsite Parking Day, or (iii) both a Port Day and a Port Offsite Parking Day. If any one day during the Term of this Lease is designated as both a Port Offsite Parking Day and a Team Baseball Day, Team Special Event Day or Port Day, Tenant shall account for Net Receipts on such day separately. For example, if Landlord were to designate a day as a Port Offsite Parking Day and Tenant were to designate the same day as a Team Special Event Day, Tenant must account for the revenue and expenses for parking on or using the Leased Premises that day separately from the revenue and expenses for parking on the Offsite Property that day, and pay Rent accordingly. Rent for the day in the foregoing example would equal fifty percent (50%) of the Net Receipts resulting from parking on or using the Leased Premises that day plus one hundred percent (100%) of the Net Receipts resulting from parking on the Offsite Property that day. (d) The Rent for each calendar month ~o,r portion thereof) during the Term shall be payable to the Landlord on or before the tenth (10) day of the immediately following calendar month, and the Rent for each month shall be accompanied by a tree and accurate statement, certified to Landlord as such by Tenant or its authorized representative, showing the Gross Parking Receipts (including the amount of any sales taxes excluded from the Gross Parking Receipts), Actual Staffing Expenses, and Net Receipts for such month, as well as any offsets against such Rent made pursuant to this subparagraph or subparagraph 7(d). If Net Receipts for any Port Day or Port Offsite Parking Day are negative, Tenant may offset such amount against the Net Receipts payable to Landlord hereunder for Team Special Event Days and other Port Days or Port Offsite Parking Days. (e) Tenant will remit all amounts due Landlord under this Lease to the following address or to such other place as Landlord may later designate in writing: Port of Corpus Christi Authority Attn: Chief Financial Officer 222 Power Street Corpus Christi, TX 78401 10 5. TAXES, ASSESSMENTS, UTILITY CHARGES AND OTHER EXPENSES (a) Landlord will pay all taxes, special assessments, and governmental charges of any kind imposed on the Leased Premises during each Lease Year, but excluding any sales taxes attributable to Gross Parking Receipts. (b) Tenant will pay all utility charges for water, electricity, gas and telephone services used in and about the Leased Premises during the Term of this Lease. (c) During the Term of this Lease, Tenant will pay all costs and expenses for (i) replacing light bulbs in lighting fixtures upon the Leased Premises, (ii) maintenance of landscaping associated with the Leased Premises, (iii) parking lot traffic management items such as cones, barricades, flagging and temporary trash cans, and (iv) garbage removal from the Leased Premises. 6. DEMOLITION AND CONSTRUCTION (a) On or before March 1, 2005, Landlord shall demolish the warehouses on the Leased Premises, the Southeast Parking Lot and the East Parking Lot and construct 2,000 parking spaces on the Leased Premises. The Leased Premises shall have an asphaltic surface and, except for lighting, striping and landscaping, shall be in compliance with all relevant codes and regulations, including but not limited to, Section 22-4 of the City's zoning ordinance. The lighting, striping, and landscaping for the Leased Premises (collectively, the "Parking Area Improvements") shall be substantially equivalent in quality and aesthetic appearance to the lighting, striping and landscaping in the parking lot adjacent to Dell Diamond baseball stadium in Round Rock, Texas, on the Effective Date of this Lease (collectively, the "Dell Diamond Parking Improvements "). Co) Tenant and City shall have the right to review and approve the plans and specifications for the Parking Area Improvements, such approval not to be unreasonably withheld or delayed so long as the Parking Area Improvements are designed to be substantially equivalent in quality and aesthetic appearance to the Dell Diamond Parking Improvements. City agrees that it will not require the Parking Area Improvements to be of better quality and aesthetic appearance than the Dell Diamond Parking Improvements. (c) Landlord agrees that construction of any improvements on the Offsite Property during the Term of tl-ds Lease, whether made by Landlord or Landlord's agents or lessees, will be scheduled so as not to block vehicular or pedestrian traffic or cutoffutilities during the Team's use of the Stadium or Tenant's use of the Leased Premises on Team Baseball Days or Team Special Event Days or otherwise materially and adversely interfere with Tenant's use of the Leased Premises on Team Baseball Days or Team Special Event Days. 7. MAINTENANCE, SECURITY AND ALTERATIONS (a) Tenant shall, at its sole cost and expense, maintain the Leased Premises in good repair during each Baseball Season, subject to ordinary wear and tear. 11 (b) During each Off Season, Tenant shall (i)repair any potholes on the Leased Premises; (ii) repair any breaks in the perimeter fences or barriers on the Leased Premises; and (iii) repair, restore, replace or refurbish the Parking Area Improvements to make them substantially equivalent in quality and aesthetic appearance to the Dell Diamond Improvements, subject to ordinary wear and tear (collectively, the "Normal Repairs"). If Tenant believes additional repair work should be done to the Leased Premises or the Parking Area Improvements during any Off Season (collectively, the "Addittonal Repairs"), Tenant shall arrange for a meeting with Landlord's authorized representative (designated in accordance with subparagraph 15(b)) to discuss such Additional Repairs. Tenant also agrees to notify the City so that a representative of the City can attend such meeting. Tenant shall be authorized to make any of the Additional Repairs agreed to in writing by Landlord. The costs incurred by Tenant in making the Normal Repairs and authorized Additional Repairs are referred to in this paragraph as "Off Season Repair Costs ". (c) Tenant agrees that it will not enter into a contract with any of the following Persons for the purpose of making Normal Repairs or Additional Repairs: (i) any Person owning an interest in Tenant, (ii) any Pemon in which Tenant owns an interest, or (iii) any Person in whch an owner of Tenant owns an interest, directly or indirectly. (d) Within thirty (30) Business Days after the end of each Lease Year, Tenant shall deliver to Landlord an itemized statement (certified to be accurate by an authorized officer or representative of Tenant) of all Off Season Repair Costs incurred by Tenant during such Lease Year, and shall thereafter offset Landlord's Share (as calculated pursuant to the next sentence) of these Off Season Repair Costs against future Rent payments. "Landlord's Share" of the Off Season Repair Costs incurred by Tenant during any Lease Year shall equal a fraction (expressed as a percentage), the numerator of wkich is the total number of Port Days and one-half the number of Team Special Event Days during such Lease Year, and the denominator of which is the total number of Port Days, Team Baseball Days, and Team Special Event Days during such Lease Year. If the Rent payable for any Lease Year is less than Landlord's Share of the Off Season Repair Costs incurred by Tenant during the immediately preceding Lease Year, Tenant shall give Landlord written notice of this deficiency and promptly thereafter Landlord shall reimburse Tenant for the unpaid balance of Landlord's Share of such Off Season Repair Costs. (e) Notwithstanding anything to the contrary contained in this paragraph, if Landlord receives an opinion from its counsel to the effect that, in such counsel's opinion, it is more likely than not that Landlord is required under applicable law to contract and pay for any or all of the Normal Repairs and authorized Additional Repairs directly, then Landlord shall thereafter contract and pay for such repairs, and Tenant shall reimburse Landlord for Tenant's Share (as calculated pursuant to the next sentence) of the costs incurred by Landlord in making these repairs (the "Landlord Repair Costs "). "Tenant's Share" of the Landlord Repair Costs incurred by Landlord during any Lease Year shall equal a fraction (expressed as a percentage), the numerator of which is the total number of Team Baseball Days and one-half the number of Team Special Event Days during such Lease Year, and the denominator of which is the total number of Port Days, Team Baseball Days, and Team Special Event Days during such Lease Year. 12 (f) City agrees that Tenant may pay or reimburse Landlord for Off Season Repairs made in accordance with this paragraph 7 with funds held in the Capital Repair Work Account created under section 7.11 of the Baseball Stadium Lease. (g) Tenant shall be responsible for providing qualified security and crowd control personnel for the Leased Premises and Overflow Parking on Team Baseball Days, Team Special Event Days and Port Days sufficient to control vehicular and pedestrian traffic in and around the Leased Premises and between the Leased Premises and the Stadium and to protect the public health, safety and welfare in the immediate vicinity of the Stadium. (h) Except as otherwise expressly provided herein, Tenant shall not make any alternations to the Leased Premises without Landlord's approval, which shall not be unreasonably withheld; provided, however, that Landlord shall not be required to pay any portion of the costs of making such alterations. 8. LEGAL COMPLIANCE Neither Landlord nor Tenant may use or permit any of the Leased Premises to be used for: (1) any activity which is a nuisance or is dangerous; (2) any hazardous activity that would require any insurance premium on the Leased Premises to increase or that would void any such insurance; or (3) any activity that violates any applicable federal, state, or local law, including but not limited to those laws related to air quality, water quality, hazardous materials, wastewater, waste disposal, air emissions, or other environmental matters. 9. ASSIGNMENT AND SUBLEASING (a) Tenant may assign this Lease and its rights and obligations hereunder to any Person to whom the Baseball Stadium Lease has been assigned in accordance with Article X of the Baseball Stadium Lease, if the form of the proposed assignment document is reasonably satisfactory to Landlord and if the assignee meets all of the insurance requirements of paragraph 11 as if such assignee were the original Tenant under this Lease. Tenant shall reimburse Landlord on demand for any costs incurred and substantiated by Landlord in connection with such assignment, including reasonable attorneys' fees. Upon any assignment of this Lease pursuant to this subparagraph 9(a), the assignor shall be released t~om any liability under this Lease (other than any liabilities arising or accruing prior to the date of such assignment). (b) Tenant may sublease all, but not less than all, of the Leased Premises to any Person to whom Tenant subleases the Stadium in accordance with Article X of the Baseball Stadium Lease, if the form of the proposed sublease document is reasonably satisfactory to Landlord and if the sublessee meets all of the insurance requirements of paragraph 11 as if such sublessee were the original Tenant uader this Lease. Tenant shall reimburse Landlord on demand for any costs incurred and substantiated by Landlord in connection with such sublease, including reasonable attorneys' fees. (c) Tenant may sublease the Leased Premises, in whole or in part, on a Team Special Event Day to the sponsor of the event held on that day without obtaining Landlord's consent, if 13 the sublessee meets all of the insurance requirements of paragraph 11 as if such sublessee were the original Tenant under this Lease. Nothing in this subparagraph shall limit, however, Lessee's obligations under this Lease. (d) Except as provided in subparagraphs 9(a), 9(b) and 9(c), Tenant may not assign this Lease or any of its rights or obligations hereunder, sublet the whole or any part of the Leased Premises, or permit the use or occupancy of the Leased Premises by any Person, other than Tenant and its employees, agents or contractors, without Landlord's prior written consent in each instance. (e) Notwithstanding anything to the contrary contained herein, Tenant may enter into a written management or operating agreement with respect to the parking operations on the Leased Premises (including Overflow Parking) and the OiTsite Property, if such manager or operator agrees ia writing to comply with all provisions of this Lease (including the insurance requirements of paragraph 11) and if Tenant provides Landlord w/th a copy of such agreement as soon as practicable after executing the agreement. (f) Notwithstanding anything to the contrary contained herein, upon any termination of the Baseball Stadium Lease contemporaneously with or prior to the termination of this Lease, this Lease shall, at the City's option, be deemed assigned to the City. The C~ty may exercise its option hereunder only by giving the Landlord written notice of its election to exercise such option within 10 Business Days after the termination of the Baseball Stadium Lease; provided, however, that if Tenant is in default under this Lease at the time the City exercises its option, the City shall be obligated to cure such Tenant defaults within the time period specified in subparagraph 12(b), and City's failure to do so shall constitute a separate default hereunder. Any such assignment to the City pursuant to this subparagraph shall not, however, modify or impair Landlord's fights and remedies on account of any default of failure to perform by Tenant hereunder, whether arising before or after the date of any such ass~granent to the City. 10. INDEMNITY (a) TO THE EXTENT PERMI'IWED BY LAW, TENANT SHALL INDEMNIFY AND HOLD HARMLESS LANDLORD FROM ANY AND ALL LOSSES, CLAIMS, DEMANDS, AND LIABILITY ON ACCOUNT OF ANY DAMAGE OR INJURY OCCURRING ON THE LEASED PREMISES OR THE OFFSITE PROPERTY CAUSED BY THE NEGLIGENCE OR MISCONDUCT OF TENANT OR TENANT'S EMPLOYEES, AGENTS OR CONTRACTORS, BUT TENANT SHALL IN NO EVENT BE LIABLE OR RESPONSIBLE TO INDEMNIFY LANDLORD FOR THE ACTS OR OMISSIONS OF THIRD PARTIES NOT UNDER THE DIRECT SUPERVISION AND CONTROL OF TENANT OR TENANTIS EMPLOYEES, AGENTS OR CONTIGkCTORS. (b) TO THE EXTENT PERMITYED BY LAW1 LANDLORD SHALL INDEMNIFY AND HOLD HARMLESS TENANT FROM ANY AND ALL LOSSES, CLAIMS, DEMANDS, AND LIABILITY ON ACCOUNT OF ANY DAMAGE OR INJURY OCCURRING ON THE LEASED PREMISES OR THE OFFS1TE PROPERTY CAUSED BY THE NEGLIGENCE OR MISCONDUCT OF LANDLORD OR LANDLORD'S EMPLOYEES, AGENTS OR CONTRACTORS, BUT LANDLORD SHALL IN NO EVENT BE LIABLE OR. RESPONSIBLE TO INDEMNIFY TENANT FOR THE ACTS OR OMISSIONS OF THIRD PARTIES NOT UNDER LANDLORD'S DIRECT SUPERVISION AND CONTROL. 14 (c) The provisions of subparagraph 10(b) are subject to the applicable limitations imposed by the United States Shipping Act of 1916 and/or the Shipping Act of 1984, as amended. 11. INSURANCE AND WAIVER OF SUBROGATION (a) Without limiting the indemnity obligations or liabilities of Tenant provided herein, Tenant agrees to carry and maintain at its sole expense insurance of the types and in the minimum mounts as follows: 1. If valet parking will be offered in connection with Tenant's management of the Leased Premises or the Offsite Property, Garage Keepers insurance coverage with policy limits of at least $300,000 in the aggregate. 2. For all its employees engaged in performing work related to this Lease, Texas Workers' Compensation and/or employer's liability insurance with limits of at least $500,000 per accident, or similar social insurance in accordance with law which may be applicable to said employees. 3. Commercial General Liability insurance, including contractual hability insurance, with policy limits of at least $1,000,000 for injury, death or property damage resulting from each occurrence; $2,000,000 aggregate limit. 4. Business Auto Liability insurance coverage coveting all owned, non- owned and hired vehicles with policy limits of at least $1,000,000 for injury, death or property damage resulting from each accident. 5. Umbrella liability insurance having limits of not less than $5,000,000 (over and above the underlying primary coverage limits required above) with respect to injury, death or property damage resulting from each accident or occurrence. (b) The minimum insurance protection amounts set forth in clauses, 1, 3, 4, and 5 of subparagraph 1 l(a) shall be increased upon request by Landlord from time to time to amounts that are reasonable and not in excess of the coverage amounts Landlord obtains with respect to its own similarly situated property and operations. Tenant shall deliver to Landlord, prior to the Commencement Date of this Lease, certificates of the insurance described in this paragraph 11, or such other proof of insurance as shall be deemed acceptable by the Landlord and shall, at all times during the Term of this Lease, deliver to Landlord upon request true and correct copies of said insurance policies. Each policy of such insurance shall (i)(except for workers' compensation insurance) name Landlord as an additional insured and if requested by the City, name the City as additional insured, (ii)provide that it will not be cancelled or reduced in coverage without thirty (30) days' prior written notice to Landlord, and (iii) be primary coverage, so that any insurance coverage obtained by Landlord shall be in excess thereto. Tenant shall deliver to Landlord (with a copy to the City) certificates of renewal at least thirty (30) days prior to the expiration date of each such policy and copies of the new policies at least thirty (30) days prior to terminating any such policies. All policies of insurance required to be obtained and maintained by Tenant shall be subject to the approval of Landlord, which approval shall not be 15 unreasonably withheld. If Tenant neglects or refuses to provide any insurance required herein, or if any insurance is cancelled, Landlord may procure such insurance at Tenant's expense. Tenant shall obtain a Waiver of Subrogation endorsement in favor of Landlord on all insurance policies required under subparagraph l l(a) and shall provide Landlord with a copy of such endorsements. (c) Landlord and Tenant each waive any and every claim which ahses or may arise in its favor and against the other party hereto during the Term of this Lease or any renewal or extension thereof for any and all loss of, or damage to, any of its property located within or upon, or constituting a part of, the Leased Premises or the Offsite Property, which loss or damage is covered by valid and collectible property insurance policies, to the extent that such loss or damage is recoverable under said insurance policies. Said mutual waivers shall be in addition to, and not in limitation or derogation of, any other waiver or release contained in this Lease with respect to any loss of or damage to property of the parties hereto. Each party agrees to immediately give to each insurance company, wkich has issued to it policies of fire and extended coverage insurance, written notice of the terms of said mutual waivers, and to have said insurance policies properly endorsed, if necessary, to prevent the invalidation of said insurance coverage by reason of said waivers. 12. DEFAULT (a) Landlord shall be in default under this Lease if Landlord fails to substantially perform any of its obligations hereunder and this failure continues for a period of 30 days after written notice from Tenant to Landlord of such failure (the "30-Day Cure Period"); provided, however, that if performance of such obligation cannot reasonably be accomplished within the 30-Day Cure Period, then Landlord shall not be in default under this Lease unless Landlord (i) fails to commence performance of such obligation within the 30-Day Cure Period, (ii) fails to diligently pursue performance of such obligation to conclusion after the 30-Day Cure Period, or (iii) fails to substantially perform such obligation within 90 days after the end of the 30-Day Cure Period. If any Landlord default shall have occurred and be continuing, Tenant may, in its sole discretion, pursue any one or more of the following remedies: (1) Tenant may terminate this Lease as provided in paragraph 13; and (2)Tenant may exercise any and all other remedies available to Tenant at law or in equity. Tenant shall, however, attempt to mitigate any damage or loss caused by Landlord's breach of this Lease by using commercially reasonable means. Tenant agrees to provide the City with a copy of any notice g~ven to Landlord pursuant to this paragraph 12(a). (b) Tenant shall be in default under this Lease if Tenant fails to substantially perform any of its obligations hereunder and tkis failure continues for a period of 60 days after written notice from Landlord to Tenant of such failure (the "60-Day Cure Period"); provided, however, that if performance of such obligation cannot reasonably be accomplished within the 60-Day Cure Period, then Tenant shall not be in default under this Lease unless Tenant (i)fails to commence performance of such obligation within the 60-Day Cure Period, (ii) fails to diligemly pursue performance of such obligation to conclusion after the 60-Day Cure Period, or (iii) fails to substantially perform such obligation within 60 days after the end of the 60-Day Cure Period. If any Tenant default shall have occurred and be continuing, Landlord may, in its sole discretion, pursue any one or more of the following remedies: (1)Landlord may terminate this Lease as provided in paragraph 13; (2) Landlord may exclude Tenant from possession of the Leased 16 Premises, reenter and take pessession of the Leased Premises, mad take whatever action at law or in equity as may appear necessary or desirable to collect any unpaid Rent and any other amounts then due; and (3) Landlord may exercise any and all other remedies available to Landlord at law or in equity. Landlord agrees to provide the City with a copy of any notice given to Tenant pursuant to this paragraph 12(b). 13. TERMINATION If Landlord shall be in default under this Lease as described in subparagraph 12(a) or if Tenant shall be in default under this Lease as described in subparagraph 12(b), the non-defaulting party, in addition to its other remedies at law or in equity, shall have the right to give the defaulting party notice (a "Final Notice ") of the non-defaulting party's intention to terminate this Lease after the expiration of a period of ten (10) days from the date such Final Notice is delivered unless the default is cured, and upon the expiration of such 10-day period, if the default is not cured, this Lease shall terminate without liability to the nonqtefaulting party. A copy of any such Final Notice shall also be given to the City and the non-defaulting party agrees that the City shall have the right, but not the obligation, to cure any such default within such ten (10) day period. In the event of a termination of this Lease by either party under this paragraph 13, then notwithstanding anything to the contrary set forth in this Lease all obligations of the parties hereunder shall automatically terminate without liability to the other party. Landlord shall, however, attempt to mitigate any damage or loss caused by Tenant's breach of this Lease by using commercially reasonable means. 14. ATTORNEYS' FEES Any person who is a prevailing party in any legal proceeding brought under or related to this Lease is entitled to recover prejudgment interest, reasonable attorneys' fees, and all other costs of litigation fi.om the non-prevailing party. 15. NOTICES (a) All notices, consents, demands and requests hereunder shall be in writing and shall be deemed to have been given to a party when (i) delivered to the appropriate address by hand or by nationally recognized overnight courier servme (cost prepaid); (ii) sent by facsimile with confu-mation of Wansmission by the transmitting equipment; or (iii) reee~ved or rejected by the addressee, if sent by certified mail, return receipt requested, postage prepaid, in each case to the following address or facsimile number and marked to the attention of the person (by name or title) designated below (or to such other address, facsimile number, or person as a party may designate by notice to the other parties): to Landlord at: Port of Corpus Christi Authority Attn: Frank C. Brogan, P.E., R.P.L.S. Director of Engineering Services 222 Power Street Corpus Christi, TX 78401 Telephone: (361) 885-6133 17 with copy to: Telecopy: (361) 881-5161 Welder, Leshin & Mahaffey, LLP Attn: Jimmy Welder Suite 300 North Tower 800 N. Shoreline Blvd. Corpus Christi, TX 78401 Telephone: (361) 561-8002 Telecopy: (361) 561-8001 and to Tenant at: Corpus Christi Baseball Club, L.P. Attn: Reid Ryan 3434 East Palm Valley Boulevard Round Rock, Texas 78664 Telephone: (512) 334-2275 Telecopy: (512) 334-2278 and to City at: City of Corpus Christi Attn: City Manager P.O. Box 9277 Corpus Ckristi, Texas 78469-9277 Telephone: (361) 880-3222 Telecopy: (361) 880-3839 (b) To facilitate the administration of this Lease, Landlord and Tenant each agree to designate an authorized representative who shall have the power and authority to make decisions on behalf of Landlord or Tenank as applicable, which relate to the administration of this Lease, including, but not limited to, (i) for Landlord, designating Port Days and Port Offsite Parking Days, establishing parking rates for Port Days and Port Off`site Parking Days, estimating attendance for Port Days and Port Offsite Parking Days, and coordinating Team Special Event Days with Tenam. and (ii) for Tenant, designating Team Baseball Days and Team Special Event Days. The parties initial authorized representatives are as set forth below and may be changed by either party by delivery of written notice to the other in accordance with this paragraph 15: Landlord's Initial Authorized Representative: Frank Brogan Telephone: 361-88545133 Fax: 361-881-5161 Tenant's Initial Authorized Representative: Reid Ryan Telephone: 512-334-2275 Fax: 512-334-2278 18 16. TIME IS OF THE ESSENCE Time is of the essence in this Lease. The parties require stnct compliance w/th the times for performance set forth herein. In the event that any of the deadlines set forth herein end on a Saturday, Sunday or legal holiday, such deadline shall automatically be extended to the next day which is not a Saturday, Sunday, or legal holiday. 17. ENTIRE AGREEMENT AND MODIFICATION (a) This Lease amends and restates the Original Lease and supersedes all prior agreements, whether written or oral, between the parties with respect to the specific subject matter of this Lease, and this Lease (along with the exhibits hereto) constitutes a complete and exclusive statement of the terms of the agreement between the parties with respect to the specific subject matter hereof. (b) This Lease may not be amended, supplemented, or otherwise modified except by a written agreement executed by the party to be charged with the amendment. 18. COUNTERPARTS This Lease may be executed in one or more counterparts, each of which shall be deemed to be an original copy of this Lease and all of which, when taken together, shall be deemed to constitute one and the same instrument. The exchange of copies of this Lease and of signature pages by facsimile transmission shall constitute effective execution and delivery of this Lease by the parties and may be used in lieu of the original instrument for all purposes. Signatures of the parties transmitted by facsimile shall be deemed to be their original signatures for all purposes. 19. CHOICE OF LAWS THIS LEASE SHALL BE CONSTRUED 1N ACCOIII)ANCE WITH THE LAWS OF THE STATE OF TEXAS AND ALL CAUSES OF ACTION IN CONNECTION HEREWITH SHALL BE MAINTAINED IN PROCEEDINGS FILED IN NUECES COUN~f, TEXAS. 20. BINDING EFFECT This Lease shall be binding upon and inure to the benefit of the parties hereto, their respective he[rs, successors, permitted sublessees, and permitted assigns. 21. QUIET POSSESSION Subject to the terms of this Lease and during any period that no default exists in performance of this Lease by Tenant, and upon full performance of each and every provision herein, Tenant shall peaceably and quietly have, hold and enjoy the Leased Premises throughout the Term of this Lease without any unreasonable or material disturbance from Landlord or any person claiming through Landlord. 19 22. MEMORANDUM OF LEASE A memorandum of this Lease shall be executed and acknowledged in recordable form by Landlord, Tenant and City and may be recorded by Tenant in the Nueces County real estate records. In addition, a memorandum of any assignment or sublease entered into by Tenant and a permitted sublessee or permitted assignee in accordance with the terms of this Lease may be recorded in the Nueces County real estate records. 23. SEVERABILITY Every provision of tiffs Lease is intended to be severable. If any term or provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity will not affect the validity of the remainder of tiffs Lease and the illegal or invalid provision will be enforced to the maximum extent possible to still be legal and vahd. 24. HEADINGS AND CONSTRUCTION (a) The headings used in this Lease are used for converdence and shall not be considered in construing the terms of tiffs Lease. (b) In construing this Lease, feminine or neuter pronouns shall be substituted for those masculine in form and vice versa, and plural terms shall be substituted for singular and singular for plural, in any place in which the context so requires. All references to "paragraphs" and "subparagraphs" in this Lease refer to paragraphs and subparagraphs of this Lease. IN WITNESS WHEREOF, Landlord, CCBC, and City have executed this Lease, or caused this Lease to be executed by their duly author/zed representatives, on the dates set forth below, but effective for all purposes as of the Effective Date. LANDLORD: PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TEXAS Date: ,2004 By: Ruben Bonilla, Jr., Chairman TENANT: CORPUS CHRISTI BASEBALL CLUB, LP By: RSB Operations, LLC, its General Partner 20 Date: ,2004 By: Reid Ryan, Manager CITY: CITY OF CORPUS CHRISTI Date: ,2004 By: George K. Noe, City Manager ATTEST: LEGAL FORM APPROVED: By: Armando Chapa, City Secretary Salile~ Title: Date: 21 EXHIBIT "A' Insert (Map or plat of West Parking Area and South Parking Area.) 22 EXHIBIT "B' Metes and Bounds description of the "South Parking Area" on Exhibit A BEiNG 12.269 acres of land, more or less, out of the Jose Maria Bargass Survey, A-17 and also being out of those lands as conveyed to Nueces County Navigation District (NCND) in Volume 148, Page 494 of the Deed Records of Nueces County, Texas, those lands as conveyed to NCND in Volume 146, Page 570 of the Deed Records of Nueces County, Texas, Lots 6 and 8, Block 86 of the Beach Portion of Corpus Christi as recorded In Volume A, Page 3 of the Map Records of Nueces County, Texas, as conveyed to NCND in Volume 146, Page 435 of the Deed Records of Nueces County, Texas, Lot 9, Block 86 of said Beach Portion as conveyed to NCND in Volume 146, Page 434 of the Deed Records of Nueces County, Texas, Lot 2, Block 86 of said Beach Portion as conveyed to NCND by Condemnation Final Judgment, Cause 2026, Lots 1, 3, 7, 8 and 9, Block 86 of said Beach Portion as conveyed to NCND by Condemnation Final Judgment, Cause 2025, Lots 1, 2, and 3, Block 85 of said Beach Portion as conveyed to NCND in Volume 147, Page 29 of the Deed Records of Nueces County, Texas, Lots 4, 5, and 6, Block 85 of said Beach Portion as conveyed to NCND in Volume 146, Page 537 of the Deed Records of Nueces County, Texas, Lots 7, 8, and 9, Block 85 of said Beach Portion as conveyed to NCND in Volume 147, Page 62 of the Deed Records of Nueces County, Texas, Lots 10, 11, and 12, Block 85 of said Beach Portion as conveyed to NCND in Volume 147, Page 28 of the Deed Records of Nueces County, Texas, Lots 1, 2, and 3, Block 84 of said Beach Portion as conveyed to NCND in Volume 146, Page 542 of the Deed Records of Nueees County, Texas, Lots 4, 5, and 6, Block 84 of said Beach Portion as conveyed to NCND in Volume 146, Page 539 of the Deed Records of Nueces County, Texas, Lots 7, 8, and 9, Block 84 of said Beach Portion as conveyed to NCND in Volume 147, Page 31 of the Deed Records of Nueces County, Texas, Lots 10, 11, and 12, Block 84 of said Beach Portion as conveyed to NCND in Volume 146, Page 540 of the Deed Records of Nueees County, Texas, Lots 1, 2, 3, 10, 11 and 12, Block 83 of said Beach Portion as conveyed to NCND in Volume 145, Page 460 of the Deed Records of Nueces County, Texas, Lots 4, 5, 6, 7, 8 and 9, Block 83 of said Beach Portion as conveyed to NCND in Volume 145, Page 470 of the Deed Records of Nueces County, Texas and also out of those streets as closed by Corpus Christi Ordinance 295 and recorded in Volume 2254, Page 229 of the Deed Records of Nueees County, Texas said 12.269 acre tract of land being more particularly described as follows: COMMENCING at a found damaged concrete monument for an interior comer of the Union Pacific Railroad, and a west exterior comer of that tract of land conveyed to NCND in Volume 146, Page 570 of the Deed Records of Nueces County, Texas; THENCE, with the common line of said raikoad and said tract of land, Sl1°07'12"E 168.88 feet to a point; THENCE, leaving said common line, N88°41'48"E 954.94 feet to a set "X" in concrete for the POINT OF BEGINNING in the south right-of-way line of Port Avenue (70 foot right-of- way); 23 THENCE, w/th the common north line of the herein described 12.269 acre lract and south right-of-way line of Port Avenue N88°41'48"E 1,187.09 feet to an inaccessible point; THENCE, along a tangent curve to the right, said curve having a central angle of 90000'00'', a radius of 20.00 feet and a chord bearing S46°18' 11 "E 28.28 feet, an arc distance of 31.42 feet to an inaccessible point in the west right-of-way line of Tancahua Street; THENCE, with the common east line of the herein described 12.269 acre tract and west right-of-way line of Tancahua Street, S01 o 18' 12"E 66.09 feet to a found 5/8 inch iron rod; THENCE, continuing with said common line and along a tangent curve to the le~ said curve having a central angle of 09°49'00% a radius of 830.00 feet and a chord bearing S06°12'42"E 142.03 feet, an arc distance of 142.21 feet to a found 5/8 inch iron rod; THENCE, continuing with said common line, S11°07'12"E 72.59 feet to a found 5/8 inch iron rod; THENCE, along a tangent curve to the right, said curve having a central angle of 90°00'00'', a radius of 20.00 feet and a chord bearing S33°52'48"W 28.28 feet, an arc distance of 31.42 feet to a found 5/8 inch rod in the north right-of way line of Brewster Street; THENCE, with the common south line of the herein described 12.269 acre tract and north right-of- way line of Brewster Street, S78°52'48"W 1,281.19 feet to a set 5/8 inch iron rod; THENCE, leaving said common line and with a tangent curve to the fight, said curve having a central angle of 134°04'11", a radius of 25.00 feet and a chord beating N34°05'06"W 46.04 feet, an arc distance of 58.50 feet to a set 5/8 inch iron rod; THENCE, with a tangent curve to the left, said curve having a central angle of 34°15'12'', a radius of 300.00 feet and a chord bearing N15°49'24"E 176.69 feet, an arc distance of 179.35 feet to a set 5/8 inch iron rod; THENCE, N01 ° 18' 12"W 313.12 feet to a set 5/8 inch iron rod; THENCE, with a tangent curve to the right, said curve having a central angle of 90000'00'', a radius of 20.00 feet and a chord bearing N43°41'48"E 28.28 feet to a point, an arc distance of 31.42 feet to the POINT OF BEGINNING and containing 12.269 acres of land, mom or less_ NOTE:Bearings are based on the NAD 1983, Texas State Plane, South Zone Coordinate System. HOUSTON:017324/0(~1¢921355v8 24 18 CITY COUNCIL AGENDA MEMORANDUM I City Council Date: November 9, 2004 AGENDA ITEM: A. Motion to approve the Seagull Park improvement plan as presented. B. Motion authorizing the City Manager or his designee to aocept 'Joumey's End', a sculpture from Kent UIIberg, for display at Seagull Park on Padre Island. ISSUE: The City has been approached by Carl Suding, resident and leader of the Seagull Park Development Committee, to accept 'Journey's End', a sculpture by Kent UIIberg. The sculpture has been purchased at cost by the community group with the intention of having it placed in Seagull Park, a park on Padre Island. Seagull Park is located in the first section of Padre Island just down from the VVhat~ on Jackfish Avenue. The park improvement plan presented will include a walking trail, trees, benches, and landscaping. The Parks and Recreation Advisory Committee reviewed and approved both items at their regular October 13, 2004 meeting. The Arts and Cultural Commission reviewed and approved both items at their regular October 14, 2004 meeting. REQUIRED COUNCIL ACTION: City Council must authorize the City Manager or his designee to execute the documents to accept 'Joumey's End' from Kent UIIberg. City Council must approve any improvements or projects that involve City parks. RECOMMENDA'rlON: The Arts and Cultural Commission and Parks and Recreation Advisory Committee recommend approval of both items. Attachments: Background Letter, drawing of park improvements, budget Exhibit - sculpture BACKGROUND INFORMATION Having the 'Joumey's End' sculpture at Seagull Park has been the dream of the Seagull Park Neighborhood Community for some eighteen rn~nths. Kent UIIberg has generously provided the bronze sculpture of Kemp Ridley sea turtles at cost to the community group that is working with Beautify Corpus Christi on the park improvement plan. Seagull Park is located in the first section of Padre Island just down from the Whataburger on Jackfish Avenue. Besides the 'Journey's End' sculpture, other improvements will be mede primarily by volunteers. Funds will be raised through fundreisers, grants and dormtions. The Beautify Corpus Chdsti Association will manage the funds for the Seagull Park improvement plan. There are many community supporters of this plan: Padre Island Rotary, Padre Island KJw'anis, Padre Island Property Owners Association, Beautify Coq3us Chdsti Association, Padre Island Business Association, Padre Island Enrichment, Keep Padre Isiand BeautiflJI, Padre Island Corpus Christi, Kent UIIbe~g and Island Architects. November 3, 2004 City of Corpus Christi Dear Mayor Neal and City Council Members: We are pleased to present the Seagull Park Master plan for your consideration, including the dedication of a life size Kemps Ridley Sea Turtle Bronze sculpture by Kent Ullberg. The park improvement project is supported by: Padre Island Rotary Club, Padre Island Em-ichment, Beautify Corpus Christi Assoc, Keep Padre Island Beautiful, The Property Owners Assoc., and Padre Island Kiwarfis and the neighborhood group. improvements will be funded through private grants, donations, fundmisers, and volunt~-a-s. Although any help from the City in any way would be greatly ',~ We have already planted several trees and improved irrigation. The next step is to construct the sculpture base that will stand 5'tall and install the 4'sculpture making the total height about 9.' We will then build ADA approved walkways and install landscaping and imgation to the Sea Turtle sculpture site. Future long term plans as funding allows are; improve walking trail, parking area, trees, and shrubs. Finally, we would like to thank you for taking the time to consider the Seagull Park Project. We can make Padre Island a better place to live - together. Sincerely, Carl Suding Padre Isles Country Club 361-949-8233 ~In~Olwme. nt , dac~tish Seagull Park Improvement Project IRRIGATION Front Entrance (2 Flower Beds) Sculpture Site Landscaping Drlnldng Fountain Tree BBQ Area Planting Benches Ama Trees Basket Ball Court EntJ'y One Side of Triangle Walk Play Ground Planting area 2 Bench Areas 8, Pavllllon 2004-2005 2005-2006 2006-2007 $ 250.00 $ Z20.O0 $ 100.00 $ 750.00 $ 250.00 $ 250.00 $ $ 250.00 $ 400.00 $ 500.00 $ 450.00 $ 250.00 irrigation TOTAL $ 2,070.00 $ 850.00 $ 750.00 PLANTS & TREES Front Entrance Sculpl. um Site Drinking Fountain BBQ Aries Bench Ama #1 Basketball Ct. Entry Triangle Outside Walkway Play Ground Trees & Shurbs 2 Bench Areas & Pavilion 800.00 1.200.00 150.00 350.00 250.00 65O.OO 350.00 $ 800.00 $ 1,000.00 $ 850.00 S 350.00 Plants & Trees TOTAL $ 4,700.00 $ 1,450.00 $ 1,3S0.00 Sculplure ~ & Base Walking Troll Paddng Ama By Pavllio~ ADA TOTAL PER YEAR $ 10,000.00 $ 12,000.00 $ 4,000.00 $ 2,000.00 $ 5,000.00 $ 2,000.00 $ 1,000_00 $ 33,770.00 $ 8,300.00 $ 5,100.00 NOTES: 1. IrdgatJofl estimates provided by Carl Sudlng, a Ilcefl<:~:l Irflgetor per city mquirments. He Is a neighbor of the park and has been pmvldlng some of the labor_ 2. Planting estimates am from local sources end utilizing trees to make an Immedlete shade Impel. 3. The walkway Is to be to ADA specs per the city. (6ff wide mlnfomed cor.~=;.e) e~Jmatad n $12 per liner foot or _lX~__.131y crushed Granite gravel compacted troll. 4. E~Jmates assume labor for prepefaflon of planting ames and planting Itsetf will be provided by Rotary members and Interested perk neighbors the Rotary Club organizes. 5. Beautify Coqxm Chrts~ Assoc. Is managing the funds al(mated to the Sea Turtle Project. We have applied for Grants and have several donatE)ns and pledges pending final approval. Kent UIIberg, 'Journey's End' 19 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 11/9104 AGENDA 1TEM: Resolution expressing official intent to reimburse costs of the 2004 Bond Capital Improvements Projects. ISSUE: The sale of the General Obligation Bonds will provide funding for projects approved by the vo~ers on November 2, 2004. The City will incur expenditures related to these lxojects prior to the sale of these bonds. In order for the City to be eligible for reimbursement for any expenditures incurred prior to the bond sale& the City must declare its intent to reimburse itseff for payments made prior to the bonds being sold. This action must meet specific U. S. Treasury Regulations and requires approval by the City Council_ Mr. J~fftey Leuschel, Bond Counsel, has provided the Reimbursement Resolution which authorizes reimbursement for the entLre vo~er-approved bond package. The amount of the Resolution, $95,000,000, is for the maximum authorization approved by the voters and shown below are the amounts that would be reimbursed. General Obligatioa projects: · Constxuction of various stxeet improvements · Public health and safety improvements · Public library and learning center improvements · Park and recreational improvements · Bayfmnt development public improvements Total $68.350,000 1,900,0(10 5.660,000 7,406,000 11,684,0~0 $95,000,000 REQUIRED COUNCIL ACTION: Approve a Resolution expressing official intent to reimburse costs of the Bond Project 2004. FIJTURE COUNCIL AL'I'ION: It is anticipated that the City will issue General Obligation Bonds to funds these projects in the spring of 2005. CONCLUSION AND RECOMMENDATION: S taft recommends City Council approval of the Resolution expressing official intent to reimburse costs of the 2004 Bond Capital Improvements Projects. Cindy O'Brien Director of F'mancial Services Attachments: Backgwund Informalion Resolution BACKGROUND INFORMATION On November 2, 2004, the City of Corpus Christi held an election to consider a number of propositions to fund major capital improvements in the community. The voters approved $95 million in projects to be funded from ad valorem property taxes. Although these bond pmgrarn.q will not get underway for several months, during this interim period, the City will most likely incur expenditures and obligations. In order for the City to reimburse itself from the bond sales, a reimbursement resolution must be approved by City Council in accordance with Treasury Regulations. The reimbursement resolution was provided by Mr. Jeffrey Leuschel, Bond Counsel, and covers the full amount of the bond propositions, $95,0t)0,000. This amount is not the amount that the City will reimburse itself, but the maximum authorization the City is pc:refitted to have as approved by the voters. Exhibit "A" of the resotution lists the projects by category and amount. RESOLUTION EXPRESSING OFFICIAL INTENT TO REIMBURSE COSTS OF THE 2004 BOND CAPITAL IMPROVEMENT PROJECTS WHEREAS, the City of Corpus Christi, Texas (the "City") is a home-rule municipality and political subdivision of the State of Texas; WHEREAS, on November 2, 2004, the c~tizens of the C~ approved the issuance of debt to finance vadous capital improvement projects throughout the City; WHEREAS, the City expects to pay expenditures in connection with the design, planning, acquisition and construction of the projects described on Exhibit "A" hereto (collectively, the "Project") pdor to the issuance of obligations by the City; WHEREAS, the City finds, considers, and declares that the reimbursement of the City for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the City and, as such, chooses to declare its intention, in accordance with the provisions of Section 1.150-2 of the'Treasury Regulations, to be reimbursed by the Issuer for such payments at such time as the Issuer issues obligations to finance the Project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI THAT: Section 1. The C~ reasonably expects that the Issuer will, on behalf of the City, incur debt, as one or more series of obligations, with an aggregate maximum principal amount equal to $95,000,000, for the purpose of paying the aggregate costs of the Project. Section 2. All costs to be reimbursed pursuant hereto will be capital expenditures. No tax- exempt obligations will be issued by the Issuer on behalf of the City in furtherance of this Statement after a date which is later than 18 months after the later of (1) the date the expenditures are paid or (2) the date on which the property, with respect to which such expenditures were made, is placed in service. Section 3. The foregoing notwithstanding, no tax-exempt obligation will be issued pursuant to this Statement more than three years after the date any expenditure which is to be reimbursed is paid. A'I-I'EST: THE CITY OF CORPUS CHRISTI Armando Chapa C~ Secretary APPROVED: __ day of Mary t,qay t-~sc~er City Attorney Samuel L. Neal, Jr. Mayor ,2004. Nov 9 2004 2004 Bond CIP Resolu[ion. DOC Exhibit "A" PROJECTS · Construction of vadous street improvements as approved by voters of the City at an election held on November 2, 2004, aggregating an estimated $68,350,000. · Public health and safety improvements as approved by voters of the City at an election held on November 2, 2004, aggregating an estimated $1,900,000. · Public library and learning center improvements as approved by voters of the City at an election held on November 2, 2004, aggregating an estimated $5,660,000. · Park and recreational improvements as approved by voters of the City at an election held on November 2, 2004, aggregating an estimated $7,406,000. · Bayfront development public improvements as approved by voters of the City at an election held on November 2, 2004, aggregating an estimated $11,684,000. 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 3 20 AGENDA MEMORANDUM November 9, 2004 SUBJECT: Naming U.S. 181 in Honor of Pead Harbor Veterans AGENDA ITEM: Ordinance Designating the Portions of Highway U.S. 181 within the C~ of Corpus Christi as the Remember Pead Harbor Memorial Parkway and Directing the Posting of Appropriate Signage; and Declaring an Emergency. FUNDING: Adoption of the ordinance does not commit to any expenditure of funds. RECOMMENDATION: Staff recommends approval of the ordinance as presented. Angel R. Escobar, P.E. Date Director- Engineering Services Attachments: Exhibit A - Additional Information Exhibit B - Letter from Pead harbor Survivors Association Exhibit C - Ordinance H :~-IOME~.YN DAS\GE N\Slree[s\U S 18 l\Ord Memo.doc ADDITIONAL INFORMATION BACKGROUND: The Pead Harbor Survivors Association has requested that the City Council designate the portions of U.S. 181 over the Harbor Bddge and on to the downtown area to honor Pead Harbor veterans. (Letter Attached). The request focused on designating the Harbor Bridge as a fitting tdbute that should be done to recognize the remaining survivors as well as those that did not survive the attack. The Harbor Bddge is part U.S. 181, which is part the Texas Department of Transportation highway system. Review with TXDOT determined the City has authority to name those portions of TXDOT highways within the City limits, but not bddges. The ordinance designates those portions of U_S. 181 within the City limits. The last time a request was submitted to Council rename a street occurred in 1999. Council was approached to rename Agnes Street in honor of Cesar Chavez. That process ultimately resulting in preserving the name Agnes Street, but designating the portion in the City limit as Cesar Chavez Memorial Parkway. U.S. 181 would retain its designation as U.S. Highway 181. The ordinance would therefore not impact any street addresses, businesses, residences, or other property fronting the highway. Property owners could elect to use either U.S. 181 or Pead Harbor Memorial Parkway for their street address. ORDINANCE: The ordinance provides for the designation of U.S. 181 within the City of Corpus Christi as the Remember Pearl Harbor Memorial Parkway and the posting of appropriate signage. Exhibit A Page I or 1 H :~H OM E~LYNDAS\GE N\SI~eI~\US 181 \Old Bkg ExhA.doc Pearl Harbor Survivors Association, Inc. Chapter 5, Corpus Christi, Texas April 2, 2004 The Honorable Lloyd Neal Mayor of Corpus Christi, TX Dear Mayor Neal: Thank you for your letter of March 3, 2004 explaining the status of naming the bridge over the ship channel. On March 27a the Pearl Harbor Survivors Association Chapter # 5 Corpus Christi, Tx. held its regular bi-monthly meeting. We unanimously passed a motion to concur, as you suggested, to designate a portion of Highway 181 over the bridge and on to the downtown area the "Remember Pearl Harbor Memorial Parkway" with appropriate signage. Should a new bridge replace the existing bridge, at another location, the stretch of Highway 181 designated as the "Remember Pearl Harbor Memorial Parkway" would be rerouted over the new bridge and always carry that designated name. Will the city of Corpus Christi bear the cost of signage and ereetion? Mayor Neal, it has been a pleasure working with you, the ciD' council and your staff on this endeavor. We are looking forward to its fruition. Thank you. Sincerely, Leo Vrana Pres. P H S A Chapter # 5 cc: City Council Members City Manager George Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa [Copy] "Remember Pearl Harbor - Keeo America Alert!"~n~u~t Pal~e I of AN ORDINANCE DESIGNATING THE PORTIONS OF HIGHWAY U.S. '181 WITHIN THE CITY OF CORPUS CHRISTI AS THE REMEMBER PEARL HARBOR MEMORIAL PARKWAY AND DIRECTING THE POSTING OF APPROPRIATE SlGNAGE; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the portions of Highway U.S. 181 within the City of Corpus Christi are designated as the Pead Harbor Memodal Parkway. SECTION 2. That the Director of Solid Waste and Street Services is authorized and directed to erect new markers at appropriate places in along the parkway. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the __ day of ,2004. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: This Samuel L. Neal, Jr. Mayor __ day of November, 2004: R. Jay Reining First Assistant City Attorney For City Attorney Exhibit C Page 1 of 1 Corpus Christi, Texas __ day of ,2004 TO THE MEMBERS OF THE CITY COUNCIL Corpus Chdsti, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the Cit7 Council. Respectfully, Respectfully, Samuel L. Neal, Jr. Mayor Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott R43015B1,doc 21 CITY COUNCIL AGENDA MEMORANDUM City Council Action Dat~: 11/9/04 AGI2qDA ITKM: Ordinance amending the City Code of Ordinances, City of Corpus Chl'i~ Chapter 17, Finance and Taxation, Section 17-1.2, Service Charge for Retta-ned ~ byincreming ~aid fee f~m $25.00 to $3000; providing for an effective date of D~znnl~ 1, 2004; and providing for publication ISSUE: The current $25.00 fee charged for returned checks hah been in effect since 2001. The State of Tenas increased thru' returned check fee on May 30, 2003_ The increase of S5.00 (to $30.00) wal bring the City of Corpus Christi's returned check fee in line with the fee cha~ged by the State_ RF_~UI~EI~ COUNCIL ACTION: City Council atnnoval of the Ordinance amendi~ the CiOj Code of Ordkmac~ Chapter 17, F'mance and Taxation, Sec6on 17-1.2, Se~ice CTmrge for Returned Checks. PREVIOUS COUNCIL ACTION: · ordinance No_ 16953, datedlVlarch24, 1982, established the re~urmxl check fee of $10_00. · OrdinsnceNo. 20417, dated August 2, 1988, rcwised the retmm~ check fee fxom $10.00 to $15.00 · Ordinance No. 24612, dated October 9, 2001, revised the returned check fee fxom $15.00 to $25_00. FUNDING: No lundin?, is needed. CONCLUSION AND RECOMMI~NDATION: St,,~ ~ City Com~cil approval of the ordinance m~nding the City Code of Ordin~-ces, City of Corpus Christi, Chapter 17, Finance and Taxation, Section 1%1_2, Service Charge for Returned Cbedm, by increasin8 said fee f~cnn $2500 to $30.00; ~ for severance, prov~din~ for aa effective date of Dec~nber 1, 2004; and providing for publication Director of Financial Services BACKGROUND INFORMATION On March 24, 1982, the City Council amended the Code of Oxdinances, Section 55-38, Customers' Ch~ks, by adding~ a new section, 17-1.2, Service Charge for R,'tumed Check Fees by passing Ordinaace 16953_ This feg provided a service charge of $10.00 for checks returned as non- negotiablednon-caahable submitted as payment to the City. The Code of Ordinances was revised on August 2, 1988 by Ordinance 20417 increasing the returned check fee to $15.00 and on October 9, 2001 by Ordinance 24612 increasing the returned check fee to $25.00. These fees were in conformance to tbe returned check fees charged by the Stale of Texas at that time_ On May 28, 2003, the House of Represematives of the Stale of Texas passed Hous~ Bill 249 increesingtbemaaia~lnnfee charged for returned c. heeks fxom $25 00to $30.00. Thisnew fee took effect on Septembe~ 1, 2003. City Staff'recommends that the City conform to the fee amour charged by the State of Texas. Staff recommends that the Code of Ordinances be revised to provide for an increase in the returned check fee from $25.00 to $30_00. AN ORDINANCE AMENDING THE CITY CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 17, FINANCE AND TAXATION, SECTION 17-1.2, SERVICE CHARGE FOR RETURNED CHECKS, BY INCREASING SAID FEE FROM $25.00 to $30.00; PROVIDING FOR SEVERANCE, PROVIDING FOR AN EFFECTIVE DATE OF DECEMBER 1, 2004; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Chapter 17 of the Code of Ordinances, Section 17-1.2, Service Charge, is amended to mad as follows: Sec. 17.1.2 Service charge for returned check. In addition to any other authorized penalty or interest, there is hereby established a service charge of thirty dollars ($30.00) twenty-five dollars ($25.00) for any checks returned as nonnegotiable/noncashable to any department, division, or entity of the city. SECTION 2. If for any mason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgments 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. This ordinance is effective December 1, 2004. SECTION 4. Publication shall be made in the official publication of the City of Corpus Chdsti as required by the City Charter of the City of Corpus Christi. Samuel L. Neal, Jr. Brent Chesney Melody Cooper Javier D. Colmenero Henry Garret[ 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 Melody Cooper Javier D. Colmenero Henry Garrett PASSED AND APPROVED, this the ATTEST: ,2004 by the following vote: Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott day of ,2004. Armando Chapa City Secretary APPROVED: ~ ~"~"'~ay of Samuel L. Neal, Jr. Mayor, The City of Corpus Christi I~ ~ w~'"~'~ , 2004: By: Lisa Aguilar Assistant City Attorney for City Attorney 2VOTERLA.DOC 22 CITY COUNCIL AGENDA MEMORANDUM DATE: November 9, 2004 SUBJECT: Amending the Code of Ordinances Section 53-254, Schedule V, Increase of State Limit in Certain Zones, by establishing a School Speed Zone on Kostoryz Road at Masterson Drive for Galvan Elementary School AGENDA ITEM: Ordinance amending the Code of Ordinances Section 53-254, Schedule V, increase of state speed limit in certain zones, by establishing a school zone on Kostoryz Road: A 25 mph school speed zone on Kostoryz Road, when lights are flashing, for a distance of 400 feet, from a point 200 feet north of the centedine of Masterson Drive to 200 feet south of the centedine of Masterson Ddve. ISSUE: As part of the traffic access and circulation plan developed by staff to alleviate traffic congestion on Masterson Ddve and queues extending onto Kostoryz Road dudng drop-off and pick-up of students at Galvan Elementary School, exiting traffic from Masterson onto southbound Kostoryz needs to be facilitated to avoid lengthy queues that could gddlock the traffic flow pattern at the school. An existing crosswalk is also provided across Kostoryz at Masterson. A school zone to slow traffic at this intersection is recommended. REQUIRED COUNCIL ACTION: Speed reductions on city streets must be approved by the City Council. RECOMMENDATION: Approval of the proposed ordinance as presented. ~l~ ~ ,~ cl. ~-~ ~- 'At, gel R. Escobar, P.E. I Director of Engineering Services ADDITIONAL SUPPORT MATERIAL: 1. Exhibit A - Background information 2. Exhibit B - Site Map (School Zone on Kosto~z at Masterson for Galvan School Page 1 of 2 AGENDA MEMORANDUM Additional Background Information BACKGROUND: The administration and parents of Galvan Elementary School have requested that the City study the congestion occurring on Masterson rive and White Bird Drive in front of the school due to pick-up and drop-off activities at the beginning and end of the school day. Initially, the parents and school officials had requested particular treatments including a traffic signal at Masterson and Kostoryz and conversion of Masterson and a portion of White Bird Drive to one- way. Staff's analysis of the traffic conditions at this school have included interviews with school officials and parents of students, detailed traffic counts, and examination of related traffic accident experience. In analyzing the street and school traffic operations, Traffic Engineering has three objectives: (1) improved student pedestrian safety (2) reduction of school-related traffic congestion, and (3) little or no impact of traffic control modifications on abutting neighborhood streets. Traffic Demand. Masterson Drive and White Bird Drive are both residential streets, typically 40 feet in width, with parking allowed on both sides of the street. Together, they form a "dog-leg" that provides access along two sides of Galvan Elementary. Except for the school related traffic, Masterson and the southerly section of White Bird receive very little traffic, estimated at less than 100 cars per day. From 7:15 to 8:15 a.m., approximately 160 cars approached the school from White Bird Drive and approximately 160 cars approached the school off Kostoryz via Masterson. At school end, cars park along the street 15 to 20 minutes ahead of the school dismissal time of 3:00 p.m., and significant congestion and traffic queues occur from 3:00 to about 3:20 p.m. Queues were observed to extend onto Kostoryz Street. Impact on Area Traffic. Through traffic on Kostoryz Road at Masterson will be delayed during the morning and aftemoon school access times, approximately 7:15 to 8:15 a.m. and 2:30 to 3:30 p.m. Current delays to school related traffic entering Kostoryz after dropping off or picking up students will be reduced. Most importantly, the potential for collisions at this intersection will be reduced. Prior Council Action: A school zone has been established related to Galvan Elementary School along Kostoryz Road approximately one-quarter mile north of Masterson Drive to enhance the safety of the crosswalk at Crestwater Drive. There is no record of Council action to establish this speed zone. Review by Transportation Advisory Committee: The Transportation Advisory Committee has reviewed the staff recommendation and unanimously voted to recommend approval to the City Council. (School Zone on Kos[oryz at Masterson [or Galvan School) Page 2 of 2 Prior Council Action: A school zone has been established related to Galvan Elementary School along Kostoryz Road approximately one-quarter mile north of Masterson Ddve to enhance the safety of the crosswalk at Crestwater Drive. There is no record of Council action to establish this speed zone. Review by Transportation Advisory Committee: The Transportation Advisory Committee has reviewed the staff recommendation and unanimously voted to recommend approval to the City Council. (School Zone Traffic Pattern at Galvan School) Page 3 of 3 ELDERBERRY LN. L~ N SCALE: 1"=200' GALVAN ELEMENTARY SCHOOL MASTERSON DR. © SPEED [.NIT 25 25 EXHIBI-F-B SCHOOL ZONE TRAFFIC PAl-FERN AT GALVAN ELEMENTARY SCHOOL - SITE MAP - Traffic Engineering Div, Engineering Services Dept, ORDINANCE AMENDING THE CODE OF ORDINANCES SECTION 53-254, SCHEDULE V, INCREASE OF STATE SPEED LIMIT IN CERTAIN ZONES, BY ESTABLISHING A SCHOOL ZONE ON KOSTORYZ ROAD: A 25 mph school speed zone on Kostoryz Road, when lights are flashing, for a distance of 400 feet, fi.om a point 200 feet north of the centeHine of Mastsrson Drive to 200 feet south of the centsrline of Mastsr$on Drive. PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That the Cede of Ordinances, City of Corpus Christi is amended by amending Section 53-254, Schedule V, Increase of state speed limit in certain zones, by revising the spccd limits on the following street section: On Kostoryz Road a 25 mph school speed zone when lights are flashing for a distance of 400 feet, from a point 200 feet north of the centedine of Masterson Ddve to 200 feet south of the centerline of Masterson Drive. CHAPTER 53 TRAFFIC ARTICLE VIII. SCHEDULES Sec. 53-254. Schedule V, increase of state speed limit in certain zones. Kostoryz Road: From Staples Street to a point 500 feet south of VVhite Bird Drivo 35 mph At all times From a point 500 feet south of White Bird Ddve to the north right-of- way line of Saratoga Boulevard (S.H. 357) 40 mph--At all times, except from a point 200 feet north of the centedine of Masterson Ddve to a point 200 feet south of the centedine of Masterson Ddve 25 mph~when school zone lights are flashing H:~LEG-DIR~Joseph\Ord-Trf-Kostoryz.doc 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 one time in the official publication of the City of Corpus Chdsti as required by City Charter of the City of Corpus Chdsti. SECTION 4. Penalties are as provided in Sec. 53-55 Code of Ordinances. That the foregoing ordinance was read for the first time and passed to its second reading on this the Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly day of ,2004, by the following, vote: Rex A. Kinnison Melody Cooper Jesse Noyola Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of ,2004, by the following vote Samuel L. Neal, Jr. Brent Chesney Javier D, Colmenero Henry Garrett Bill Kelly Rex A. Kinnison Melody Cooper Jesse Noyola Mark Scott PASSED AND APPROVED, this the A'I-rEST: day of ,2004. CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor By: Joseph Hamey ~ Assistant City Attomey For City Attorney Approved as to legal form this the ,~ day of ,.~/.~.-- ,2004; 23 CITY COUNCIL AGENDA MEMORANDUM DATE: October 19, 2004 SUBJECT: Traffic Speed Zone on International Drive at Corpus Christi International Airport AGENDA ITEM: Ordinance amending the Code of Ordinances Chapter 53 - Traffic, Section 53-254 - Schedule V, Increase of State Speed Limit in Certain Zones, and Schedule VI, Decrease of State Speed Limit in Certain Zones, by modifying the limits of speed zones and establishing transition speed zones in the inbound and outbound directions of Intemational Drive between the existing 45 MPH speed zones near SH 44 and the existing slower speed zones of 15 and 20 MPH near the parking lots and at the terminal. The following traffic control treatments are proposed, as illustrated in the attached figure. Inbound (towards the airport terminal) 1. The existing speed limit from the south right-of-way line of Agnes Street (SH 44) to Glasson Road, a distance of approximately 1,600 feet, remains at 45 MPH. 2. Beginning at Glasson Road and continuing approximately 1,500 feet, to the beginning of the three sides of the short term parking and terminal frontage segment of roadway, the speed limit shall be 30 MPH. 3 Along to the three sides of the short term parking and terminal frontage segment of roadway, extending a distance of approximately 2,000 feet, the speed limit shall be 15 MPH. Outbound (away from the airport terminal) 1. From the end of the terminal frontage/shod term parking segment of roadway, the speed limit shall be 30 MPH for approximately 1,500 feet to Glasson Road. 2. From Glasson Road to the south right-of-way line of Agnes Street (SH 44), a distance of approximately 1,600 feet, the speed limit remains at 45 MPH. ISSUE: The new construction and reconfiguration of the airport terminal and parking lots has created a need to change the speed zones on the airport entrance road, Intemational Drive. REQUIRED COUNCIL ACTION: Traffic zones on any public street or alley must be approved by the City Council. RECOMMENDATION: Approval of the proposc~l ordinance as presented. '/~gel'R. Escobar, P.E. Director of Engineering Services ADDITIONAL SUPPORT MATERIAL: 1. Exhibit A - Background Information 2. Exhibit B - Site Map (Traffic Speed Zone on Intemational Ddve at the Airport) Page 1 of 2 AGENDA MEMORANDUM Additional Background Information BACKGROUND: StafFs analysis of the traffic conditions at the Corpus Christi International airport have included interviews with airport management, detailed traffic counts and speed observations, and examination of related traffic accident experience. Speed Setting Criteria. Traffic Engineering has three objectives for implementation of speed zones: (1) improved traveler safety, (2) improved traffic flow and (3) little or no impact on total delay to vehicles using the roadway. Based on the observed traffic conditions and ordinary occurrence of these conditions, Staff is confident that the proposed speed zones on Intemational Drive will satisfy these requisite conditions. Traffic Demand. International Ddve is the primary access roadway into the Corpus Chdsti International Airport, and serves several business located adjacent to the airport. The roadway carries approximately 7,800 vehicles per day. Impact on Access to Development. Car rental return and other business access crosses International Ddve at Glassen Road, located midway between SH 44 and the terminal. Between Glasson Road and the terminal, new parking lot entries/exits and a turnaround have been added, creating more conflict points on this segment of International Road. This new traffic operation indicate the need for a reduction in speed to 30 MPH in this segment, between Calich(~ Road and the terminal frontage, to serve as a better transition between the 45 MPH zone and the 15 MPH zones. Prior Council Action: Council previously approved the existing traffic spccd limits for International Drive in May 1989. Transportation Advisory Committee: The Committee approved recommendation of proposed ordinance for submittal and approval by the City Council on September 27, 2004. (Traffic Speed Zone on International Ddve at the Airport) Page 2 of 2 ORDINANCE AMENDING THE CODE OF ORDINANCES SECTION 53-254, SCHEDULE V, INCREASE OF STATE SPEED LIMIT IN CERTAIN ZONES, AND SCHEDULE Vi, DECREASE OF STATE SPEED LIMIT IN CERTAIN ZONES, BY MODIFYING THE LIMITS OF SPEED ZONES AND ESTABLISHING TRANSITION SPEED ZONES IN THE INBOUND AND OUTBOUND DIRECTIONS OF INTERNATIONAL DRIVE BETWEEN THE EXISTING 45 MPH SPEED ZONES NEAR SH 44 AND THE EXISITNG SLOWER SPEED ZONES OF 15 AND 20 MPH NEAR THE PARKING LOTS AND THE TERMINAL; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That the Code of Ordinances, City of Corpus Chdsti is amended by amending Section 53-254, Schedule V, Increase of state si;ccd limit in certain zones, and Schedule VI, Decrease of Stete Spccd Limit in Certain Zones, by modifying the limits of sFccd zones and establishing transition sFccd zones in the inbound and outbound directions of Intemational Drive between the existing 45 MPH sFccd zones near SH 44 and the existing slower sFccd zones of 15 and 20 MPH near the parldng lots and terminal. CHAPTER 53 TRAFFIC ARTICLE VIII. SCHEDULES Sec. 53-254. Schedule V, increase of state spccd limit in certain zones. International Drfve (Airport Entrance Road): From the south dght of way Fine of ^gnes Strcet (S.H. 'H) to a point 2,500 fcot south, in both dircctionc of travcl '15 mph At all timcs From a point 2,500 foot south of Agnes Stroct (S.H. '1,1) for a dictance of approximatoly 3,650 foct couth of ^gncc 20 mph ^t all timc= H:~LEG-D1R~Joseph\Or d-Tr f-lntlDr.d oc From a point approximatcly 3,650 foot couth of Agnes Street for a distance of 650 feet immediately ~enterod and in front of tho airport main terminal building 16 mph At all times From the east end of the airport main terminal building to a point 2,500 foot couth of Agnes Stroct (S.H. 44) 20 mph At all times From the south riqht-of-wav line of Aqnes Street (S.H. 44) to Glasson Road, a distance of approximately 1,600 feet, in both directions of travels45 mdb--- At all times From Glasson Road and continuinq approximately 1,500 feet, to the be~inninq of the three sides of the short term parkinq and terminal frontaqe seqment of the roadway--30 mph--- At all times From the be~innin(~ of the three sides of the short term parkJncl and confinuin~ approximately 2.000 feet alon.q ~ terminal frontaqe seqment of the roadway- 15 mDh At all times From the end of the terminal frontao~ se(iment of the roadway and conflnuinq approximately 1,500 feet to Glasson Road--30 mph At all times Schedule 53-254. Schedule VI, Decrease of state law maximum speed. Airport Entrance Road: From a point 350 foct woct of tho Airport Terminal, to a point 350 foct oast of tho Airport Terminal, measurod along tho stroot center lino 20 mph All times 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 one time in the oflcial publication of the City of Corpus Chdsti as required by City Charier of the City of Corpus Christi. SECTION 4. Penalties are as provided in Sec. 53-55 Code of Ordinances. That the foregoing ordinance was read for the first time and passed to its second reading on this the Samuel L. Neal, Jr. Brent Chesney Javier D_ Colmenero Melody Cooper Henry Garrett day of ,2004, by the following vote: Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of Samuel L. Neal, Jr_ Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett ,2004, by the following vote Bill Kelly Rex A. KJnnison Jesse Noyola Mark Scoff PASSED AND APPROVED, this the ATI-EST: day of ,2004. CITY OF CORPUS CHRISTI Arrnando Chapa City Secretary oprov By: ,2004 For City Attorney Samuel L. Neal, Jr. Mayor 24 CiTY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Corpus Christi Regional Economic Development Corpomflofl Quarterly Report OUTSIDE PRESENTER(S): Name Title/Position Orl3anlzatJon 1. Ron Kitchens, CEO/President, C.C. Regional Economic Developrnent Corp. ISSUE: Quarterly update to City Council regarding current economic development issues and efforts by the Corpus Christi Economic Development Corporation to encourage and cause retention, expansion and recruitment of industrial, manufacturing, dis~bution and service employers. REQUIRED COUNCIL ACTION: No action required. Additional Background FJ Exhibits [] Oscar Martinez ~ Assistant City Manager 25 CITY COUNCIL AGENDA MEMORANDUM November 9, 2004 AGENDA ITEM: Public headng to consider abandoning and vacating a 43,654.61-square foot portion of an undeveloped and unsurfaced 40' wide dedicated public right-of-way out of Lots 6 & 7, Sec. 26, and Lots 26 & 27, Sec.27, Flour Bluff & Encinal Farm & Garden Tracts (south of the Oso Parkway and east & west of the Quebec Ddve/Oso Parkway intersection). Ordinance abandoning and vacating a 43,654.61-square foot portion of an undeveloped and unsurfaced 40' wide dedicated public right-of-way out of Lots 6 & 7, Sec. 26, and Lots 26 & 27, Sec.27, Flour Bluff & Encinal Farm & Garden Tracts (south of the Oso Parkway and east & west of the Quebec Drive/Oso Parkway intersection); subject to owner's compliance with the specified conditions; and declaring an emergency. ISSUE: Urban Engineering, on behalf of Virginia Hills Development LLC, is requesting the abandonment and vacation of the dedicated public right-of-way to allow for the future development of a residential subdivision. REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and vacate any portion of street rights-of-way. City Code requires a public headng pdor to the vacating and abandonment o[ any street dghts-of-way. RECOMMENDATION: Staff recommends approval of the ordinance on an emergency basis. ~-~ment Services Attachments: Exhibit A - Background InformatJon Exhibit B - Ordinance Exhibit C - Site Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: Urban Engineering, on behalf of the Owner, Virginia Hills Development, LLC, is requesting the abandonment and vacation of a 43,654.61-square foot portion of an undeveloped and unsurfaced 40' wide dedicated public right-of-way (ROW) out of Lots 6 & 7, Sec. 26, and Lots 26 & 27, Sec.27, Flour Bluff & Encinal Farm & Garden Tracts. The undeveloped ROW to be abandoned and vacated is located in an "R-lB" One-Family Dwelling District. The undeveloped ROW to be abandoned is located immediately south of the intersection of Oso Pado~vay and Quebec Ddve rights-of-way. The said portJon of public right-of-way is being abandoned and vacated to allow for the future development of a residen§al subdivision with pdvate streets. The owner is proposing to dedicate the nodhem 20-foot wide portion (Lots 26 & 27, Sep. 27, Flour Bluff & Encinal Farm & Garden Tracts) of the undeveloped and unsurfaced 40' wide dedicated public right--of-way to the City for a city park since it's located adjacent to the existing city park located in Victoda Park Units 4 & 5. The southern most 20-foot wide portion of the undeveloped and unsurfaced 40' wide dedicated public right-of-way (Lots 6 & 7, Sec. 26, Flour Bluff& Encinal Farm & Garden Tracts) will be used as a utility easement by the proposed subdivision. All public and franchised utilities were contacted regarding this closure request and no objections were received by anyof the utility companies. The City Park and Recreation Department would like for that northern portion cf public right-of-way being dedicated as City Park to serve as a safety buffer zone be[ween the proposed subdivision and the existing portion of undeveloped wildlife park area and will maintain it. Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval; however, the Director of Development Services may extend the time limit for an add~onal 180 days if extenuating circumstances outside the Owner's control necessitate an extension. Staff recommends that the Owner pay the fair market value of ~; 8,020 for a portion (21,827-square feet) of the abandonment and vacation of the 43,654.61-square foot portion of dedicated public right-of-way. The owner has been advised of and concurs with the conditions of the right-of-way abandonment. EXHIBIT A FROM: B.A. Bailey, AICP, Director ot Development Services DATE: November 1,2004 TO THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI: ORDINANCE REQUEST DATE RECOMMENDED FOR COUNCIL ACTION: November 9, 2004 ORDINANCE CAPTION: Public headng to consider abandoning and vacating a 43,654.61-square foot portion of an undeveloped and unsurfaced 40' wide dedicated public right-of-way out of Lots 6 & 7, Sec. 26, and Lots 26 & 27, Sec.27, Flour Bluff & Enclnal Farm & Garden Tracts (south of the Oso Parkway and east & west o[ the Quebec Ddve/Oso Parkway intersection). Ordinance abandoning and vacating a 43,654.61-square foot porlJo~ of an undeveloped and unsurfaced 40' wide dedicated public right-of-way out of Lots 6 & 7, Sec. 26, and Lots 26 & 27, Sec.27, Flour Bluff & Encinal Farm & Garden Tracts (south of the Oso Parkway and east & west of the Quebec Ddve/Oso Parkway intersection); subject to owner's compliance with the specked conditions; and declaring an emergency. OTHER PERTINENT INFORMATION TO BE INCLUDED IN ORDINANCE: Plat is recorded in Volume A, Page 41-43, o[the Map Records oi' Nuecas County, Texas. SPECIFIED CONDITIONS AS PART OF CLOSURE: Staff recommends that the Owner pay the [air market value of $ ~,Q20 for a perlJon (21,827-square feet) of the abandonment and vacation of the 43,654.61-square toot per'doo of dedicated public right-of-way. The upper norlhem portion of the 20' wide dedicated public right-of-way oul of Lots 26 & 27, Sec. 27, Flour Bluff & Encinal Farm & Garden Tracts is being dedicated as a city park to serve as a buffer zone. Upon approval from Council and ordinance issued, all grants ol~ easement closures must be recorded at ov, mer's expanse In the real property Map Records of Nueces County, Texas, In which the property is located. Pdor to Building Permit approval of construction, an up-tc-date survey, abstracted for all easements and item.s o[ record, must be submitted to the Director of Development Services. Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval; however, the Director of Development Services may extend the time limit for an additional 180 days if extenuating circumstances outside the Owmer's control necessitate an extension. ector of Development Services Approved: Date: EXHIBIT B AN ORDINANCE ABANDONING AND VACATING A 43,654.61 SQUARE FOOT PORTION OF AN UNDEVELOPED AND UNSURFACED 40 FOOT WIDE DEDICATED PUBLIC RIGHT-OF-WAY OUT OF LOTS 6 & 7, SECTION 26, AND LOTS 26 & 27, SECTION 27, FLOUR BLUFF & ENClNAL FARM & GARDEN TRACTS (SOUTH OF THE OSO PARKWAY AND EAST AND WEST OF THE QUEBEC DRIVE/OSO PARKWAY INTERSECTION); SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, there is a 43,654.61 square foot portion of an undeveloped and unsurfaced 40 foot wide dedicated public right-of-way out of Lots 6 & 7. Section 26, and Lots 26 & 27, Section 27. Flour Bluff & Encinal Farm & Garden Tracts, as recorded in Volume A, Pages 41-43, Map Records Nueces County, Texas, that the owner, Virginia Hills Development, LLC, (Owner), wishes to have abandoned and vacated; and WHEREAS, after a public headng, it has been determined that it is feasible and advantageous to the City of Corpus Chdsfi to abandon and vacate said portion of the easement for all purposes, subject to the provisions below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 43,654.61 square foot portion of an undeveloped and unsurfaced dedicated public right-of-way out of Lots 6 & 7, Section 26, and Lots 26 7 27, Section 27, Flour Bluff Encinal Farm & Garden Tracts, as recorded in Volume A, Pages 41-43, Map Records Nueces County, Texas is abandoned and vacated for public use as street right-of-way, subject to Owner's compliance with the following specified conditions as part of the abandonment and vacation: Staff recommends that the Owner pay the fair market value of $8,020 for a portion (21,827 square feet) of the abandonment and vacation of the 43,654 61 square feet of the dedicated public right-of-way. The upper northem portion of the 20 foot wide dedicated public right-of-way out of Lots 26 & 27, Section 27, Flour Bluff & Encinal Farm & Garden Tracts is being dedicated as a city park to serve as a buffer zone. Upon approval from Council and ordinance issued, all grants of easement closures must be recorded at Owner's expense in the real property Map Records of Nueces County, Texas, in which the property is located. Pdor to building permit approval of construction, an up to date survey, abstracted for all easements and items of record, must be submitted to the Director of Development Services. H:'~LEG-DlR~Joseph\ORD-foe fgt-26&27 - av.doc Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval, however, the Director of Development Services may extend the time limit for an additional 180 days if extenuating circumstances outside the Owner's control necessitate an extension. SECTION 2. That upon written request of the Mayor or five council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the 9th day of November, 2004. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor Approved ~/~.4~ :~ ,2004 Assistant City Attorney For City Attorney H:~LEG-DlRXJoseph\ORD-ibe fgt-26 &27-av.doc Corpus Christi, Texas day of ,2004 TO THE MEMBERS OF THE CITY COUNCIL Corpus Chdsti, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: INVe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr., Mayor City of Corpus Chdsti Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brant Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott H:~EG-DIRHoseph\ORD-fbefgt-26&27-av.doc LOCATION MAP N.T.S. STREET CLOSURE Lots 6 & 7, Sec. 26, and Lots 26 & 27, Sec.27, Flour Bluff & Encinal Farm & Garden Tracts f~Virginia Hills Subdivision) Exhibit "C" 26 CITY COUNCIL AGENDA MEMORANDUM City CouncB Action Date: Nov~mbe:r 09. 2004 AGENDA ITEM: Cl~ No.: 0904-02, Kvl¢ S. Willitans: A chan~e of zoning fi-om a "R-lB" One-family Dwelling District to a "B-3" Business DistricL The property is on 5 acres out of the southwest corner of Survey No. 416, Abstxact 838 and southwest comer of a 100-~:re tra~ recorded in Volume 314, Page 531 of the D~ed Records of Nueces County, Texas, also recon:led in Volume 321, Page 349 of the Deed Recon:Ls of Nuecos County. Texaa, located on the ea~ side of Rand Morgan Road and 600 fee~ sc~th of McNorton ~ PREVIOUS COUNCIL ACTION: Approved tabling Case No: 0904-02, Kyle S. W-IHJam~ to November 09, 2004, in allowing Mr. Kyte Williams to develop a sit~ plan for the proposed mini-stornge use that is acceptable to the adjoinlag property owners. BACKGROUND: City ~ounc~i tabled Case 0904-02 on October 19, 2004, in allowing the ow~r to develop a site plan for the proposed mini-smrnge use. The adjoining property owners to the noah and so~h exprea~xl cora:em on ll~ development plan for the property Since that ~ the owner has met with the adjoining property owno- to the north in reviewing the ptan of developmem for the pwposad mini-storage use. The n~'n,'h~d site plan addresses all points of conco-ns i.e. building layout, access points, landscaping, drninnge, plat~.in~ utilities and fencing The prot~rty owners to the sooth and east have not withdrawn their opposition to the "B-3" Dis~ict. Opposition to the ~B-3TM District is 46 91%, whereby the 20% rule remains invoked. The owner and the parr/to the north are in agreement to a Special Permit mbject to the ~ached site ptan and the following five (5) condi6ous: 1, IdI~E; The only use authorized by this Special Permit, other than the basle uses p~'mitted by right in a "B- I" Ne;4~aborhood Business Dis'aict, is a mini-storage fauility. 2. OUTSIDE STORAGE: O~tside stooge of vehicles, boats, trailers, and other Rems is not pennltted 3. SC~G; A standard screening lance with a height of not less titan six (6) feet must be installed and maintained along the nortk south and east property lines. 4 LIGHTING: All exterior lightin8 must be dingnfiomd and shielded Lighting mus~ be directed away bom surroundiag resi&ncea and adjacent public fight-of-way, TIiME Lh'vI1T: This Special Permit shall b~ deemed to have expired within one year fi'om the date oftlus ordinance unless the property is bein8 used ~s outlined in condition #1 and in compliance with all other conditions and City regulations. ~IOTIFICATION; Of the eteven notices mailed to the sureounding property owners, one was reaxm~l in favor along with th~ applicant, and three (3) were returned in opposition. Current opposition is 46.91%, rdlectin8 a decrease in the original opposition at 65.10°/0. The 20% rul~ i~ invol~:l. Thit case i~ conMdered controversial. REQUF_~TED COUNCIL ACTION: Denial of the "B-3" District, and in lieu thereof~ approval of a "B-I" District with a Special Permit for a mi~-storage facility, subject to the a.n. ached site plan and five (5) conditions. A 3A favorable vote of the City Coancil is requirexl for a change of zoning CONCLUSION AND RECOMMENDATION: Planning Commission aad Staff'recommend denial of the "B-3" District, and in lieu thereot~ approval ofa "B-I" District with a Special Permit for a mini-storage facility, subject m five (5) conditions. Assistant Directm' of Developmem Services Attachments: Zonin~ Report Vicinity Map Zoning Map Site Plan Memo of support from Mike W'mslow an adjoining proper~y owner Memo of agreemem from Kyle Williams, vepresemed by Coym, Rehmet &Gufierrez Engineering CITY COUNCIL ZONING REPORT Case No.: 0904-02 Planning Commission Hearing Date: September 8, 2004 Applicant: Kyle S. Williams Owner: Same as applicant Agent: Victor M. Gutierrez, Jr., Coym Rehmet & GutielTeZ Engineering Legal Description/Location: Being 5.00 acres out of the southwest comer o£ Survey no. 416, Abs~-act 838, located along the west side of Rand Morgan Road, approximately 500 feet south of McNorton Road. From: "R-lB" One-family Dwelling District To: "B-3" Business District Area: 5.00 acres Purpose of Request: Develop the property with a mini-storage facility. Zoning Site "R-lB" One-family Dwelling District North "R-lB" One-family Dwelling District "I-2" South Light Industrial District East "R-lB" One-family Dwelling District West "I-2" Light Industrial District Existing Land Use Undeveloped Single-family residence Agriculture land Single-family residences Agricultural land Future Land Use Traditional Neighborhood Traditional Neighborhood Light Industrial Traditional Neighborhood Traditional Neighborhood Area Development Plan: Port/Airport/Violet - The requested "B-3" District is inconsistent with the future land use map. A mini-storage is classified as a commercial use, and is not supported by the future land use map. However, approval of the requested "B-3" District or a "B-I" District with a Special Permit is supported, due to the property having direct access to an arterial. The Business District provides for a transitional buffer between the industrial district to the south and residential area to the north. Map No.: 058,046 Zoning Violations: None Zoning Report Case No. 0904-02 (Kyle S. Williams) Page 2 Applicant has requested a change of zoning from "R-1B" One-family Dwelling District to "B-3" Business District to develop the subject property with a mini-storage facility. The applicant has not indicated the size of the proposed mini-storage facility, but Staff has estimated, based on acres, that the proposed facility will generate approximately 545 average weekday vehicle trip ends. Rand Morgan Road is estimated to carry approximately 1,900 trips per day. Therefore, the additional traffic from the proposed mini-storage facility will have minimal adverse impact on the existing roadway. The requested "B-3" Business District is inconsistent with the PorffAirport/Violet's future land use map. The future land use map recommends traditional neighborhood uses. The subject property is abutting industrial zoning on the south and residential zoning on the north. A commercial zoning developed with a non-intrusive use would buffer the residential area from the industrial area. Street Type Rand Morgan Road Arterial Paved Section Volume (2001) 20' rural paved section 1,900 a.v.t. Planned: 130' R.O.W. w/95' Bk. To Bk. pavement section Platting of the property prior to issuances of a building permit is required. City Council tabled Case 0904-02 on October 19, 2004, in allowing the owner to develop a site plan for the proposed mini-storage use. The adjoining property owners to the north ,and south expressed concern on the development plan for the property. Since that hearing, the owner has met with the adjoining property owners to review the plan of development for the proposed mini-storage use. The attached site plan addresses all points of concerns i.e. building layout, access points, landscaping, drainage, platting, utilities and fencing. All parties are in agreement to a Special Permit subject to the attached site plan and five (5) conditions. Zoning Report Case No. 0904-02 CKyle S. Williams) Page 3 Denied "B-3" District, and in lieu the~eot~ approved a "B-l" District with a SPeeaal Permit for a mira-storage facilay subject to five (5) condit~ms: USE: The only us~ authorized by this Special petnut, other than the basic us~ permitted by right in a "B-I" Neighborhood ~ Distxic~ is a mini-storage facility. OUTSIDE STORAGE: Outside storage of vehicles, boats, ~, ~ other rtems is not p mit . SCREENING: A sumdard screcmng fence with a height of not less than six (6) feet must he installed and maintained along the noah, south and e~ property lines. LIGHTING: All ext~-xior lighting must he dire~otml and shie!tl~l Lighting must be dw~____~_ away fi'om surrounding n:skkn~:~s and adjac~m publi~ right-of-way. TIME LIMIT: This Special P~mit r~all be deemed to have ocpired within one y~ar fxom the date of this ordinance unless tbe prol:~x'y is hemg used as ontlmed in eondflfion # 1 - l)~'nied "B-3' District, and m lira thcro0~ at:~noced a "B-I~ District with a Sp~-~l Pernut f~r a ~ ~ mi ni-~to~agc fi~rthty subj ozt to five (5) c, om:litions. Notw~s Mailed - 11 Favor 1 being applicant Opposition - 3 46.91 l~a~uI opposa~on (As of Nov~mbex 4, 2004) Hz ~PLN-DIIRX3HARED~,MA\WO~004~904-02 CCREPORT.DOC SUBJECT PARCEL~~ ~GI$ MDN 08-23-04 Vicinity Map NORTH 0 150 300 Feet B-1 B-3 MCNORTON ROAD R-lB CARCEL ~ - . ~ SUBJEC- ~ ~ I-2 I-2 MDN O8-23-04 Notice Map NORTH 0 150 300 Feet GENERAL NOTES: 2 0 I~ROPOS EDlNG FENCE ~ EAST 1,O43.55' r nmmTnTn TnT-l n-r,r..l r! Trj ? T l r-j !.njT !! Tjr nTnTrl XTnT! I SCREENING ~:L~[,&_LLJ_L[J_L[J~JJ LH LIJ_L_JlLL[LJlLJlLJl[Jl[ll[ iLJ_LLJiLJ_ELJlLJlLJl[J ~: FE~ LEGAL DESCRIPTION: Five (5) acres out of southwest corner of sur~gy No. 416, Abstract 838 and southwest corner o fa IO0-acre tract recorded in Volume 314, Page 531 of the Deed Records of Nueces County, Texas, also recorded in Volume 321, Page 349 of the Deed Records of Nueces CounO,, Te. xaa WEST RAND MORGAN RD. SELF STORAGE FACILITY PRELIMINARY SITE PLAN CASE No. 0904-02, Kyle S. Williams DATE: NOVEMBER 3, 2004 November 3, 2004 Mike Winslow 162o Rand Morgan Rd Corpus Christi, Texas 78410 361-813-0157 City of Corpus Christi Department of Development Services 2406 Leopard St., Corpus Christi, Texas 78401 Attention: Faryce Goode-Macon, City Planner Reference: CASE No. 0904-02, Kyle S. Williams Proposed Zoning Change Dear Ms. Goode-Macon: Coym, Rehmet & Gutierrez Engineering, Inc. has provided me a conceptual site plan of a proposed self storage facihty proposed adjacent to my property on Rand Morgan Road. As you know, Mr. Kyle S. Williams has subrrfitted the zoning change request referenced above. The site plan adckesses all of my concerns and I have no objection to the proposed zordng change. The proposed development will include a screening fence, landscaping and the extm-Lsion of some utilities. Please call should you have any questions. I can be reached at the above captioned address and phone number. Sincerely, Mike Winslow ENGINEERS · PLANNERS · SURVEYORS 5656 S. STAPLES, SUITE 230 CORPUS CHRISTI, 'iX 7~411 361-991-8550 361-993-75b'9 FAX November 3, 2004 City of Corpus Ckristi Department of Development Services 2406 Leopard St., Corpus Christi, Texas 78401 Attention: Faryce Goode-Macon, City Planner Reference: CASE No. 0904-02, Kyle S. Williams Proposed Zoning Change Dear Ms. Goode-Macon: Enclosed is a conceptual site plan for the proposed Rand Morgan Rd. Self Storage Facility for your use and distribution to the City Council. Also, ! have enclosed a letter fi.om Mr. Mike Winslow the neighbor to Mr. Williams' property. We have satisfied all of tus requirements. 1 have contacted Mr. Daniel J. Davis of the Porter, Rogers, Dahlman & Gordon laxv rum who represents the neighbor to the south. He plans on attending the meeting on Tuesday. The site plan should address everyone's concerns as the proposed development will include a screening fence and the required landscaping. Please call should you have any questions. cc: Kyle S. Williams ENCLOSURES AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY KYLE S. WILLIAMS, BY CHANGING THE ZONING MAP IN REFERENCE TO FIVE (5) ACRES OUT OF THE SOUTHWEST CORNER OF SURVEY NO. 416, ABSTRACT 838 AND SOUTHWEST CORNER OF A 100 ACRE TRACT RECORDED IN VOLUME 314, PAGE 531 AND VOLUME 321, PAGE 349 OF THE DEED RECORDS OF NUECES COUNTY, TEXAS, (CURRENTLY ZONED "R-lB" ONE- FAMILY DWELLING DISTRICT) BY GRANTING A SPECIAL PERMIT FOR A MINI-STORAGE USE SUBJECT TO A SITE PLAN AND FIVE (5) CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Kyle S. Williams, for amendment to the City of Corpus Chdsfi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday. September 8, 2004, dudng a meeting of the Planning Commission, on Tuesday, October 19, 2004, and on Tuesday, November 9, 2004, dudng meetings of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Chdsfi, dudng which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Chdsfl and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Chdsti, Texas, is amended by granting a Special Permit for a mini-storage use on five (5) acres out of the southwest corner of Survey no. 416, Abstract 838 and southwest comer of a 100 acre tract recorded in Volume 314, Page 531 and Volume 321, Page 349 of the Deed Records of Nueces County, Texas, (currently zoned ~R-1B~ One-family Dwelling District), located on the east side of Rand Morgan Road and 600 feet south of McNorton Road, as shown on the attached Exhibit. (Map 58046) SECTION 2. That the Special Permit granted in Section I of this Ordinance is subject to a site plan, as shown on the attached Exhibit, and the following five (5) conditions: USE: The only use authorized by this Special Permit, other than the basic uses permitted by right in a "B-I" Neighborhood Business District, is a mini-storage facility. OUTSIDE STORAGE' Outside storage of vehicles, boats, trailers, and other items is not permitted. Page 3 of 4 SCREENING: A standard screening fence with a height of not less than slx (6) feet must be installed and maintained along the north, south and east property lines. LIGHTING: All exterior lighting must be directional and shielded. Lighting must be directed away from surrounding residences and adjacent public right-of-way. TIME UMIT: This Special Permit shall be deemed to have expired within one year f~orn the date of this ordinance unless the property Is being used as outlined in condition #1 and in compliance with all other condi~ons and City regulations. SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Chdsti, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect_ SECTION 5. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 7. That publication shall be made in the official publication of the City of Corpus Chdsti as required by the City Charter of the City of Corpus Chdsti. SECTION 8. That upon wrfften request of the Mayor or five Council members, copy attached, the City Council (l) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 9rh day of November, 2004. Al THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor, The City of Corpus Christi H:%EG-DIR~Joseph~oning~4\0904~2SpecialPern~it,doc Page 4 of 4 APPROVED ,4/,,,.,...C~- Assistant City Attorney For City Attomey 2004 H:~.EG-DIR~Joseph~Zoning-O4\0904~2SpecialPermit.doc Page 5 of 4 Corpus Chdsti, Texas __ day of ,2004 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr. Mayor, The City of Corpus Chdsfi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett William Kelly Rex A. Kinnison Jesse Noyola Mark Scoff H:~LEG-DIRLIoseph~oning~4\09O4-O2SpecialPermit.doc GENERAL NOTES: 0 LEGAL DESCRHvI~ON: FDe (5) acres out of southwest corner of ~ur~ey No. 416, Abrtract 838 and southwest cornO' ora lO0.~cre tract recorded in VolUme 314, Page 531 of the Deed Record~ of Nueces County, Texa~, also recorded in Volume 321, Page 349 of the Deed Records of Nuece~ County, Tera~ PROPOSED WEST 1,043.65~ RAND MORGAN RD. SELF STO~CE FACrLrrYI P~J~L~A~¥ SI~ PLANI CASE No. 0904-02, Kyle $. Willlnms DATE: NOVEMBER 3, 2004 ~x Coym, R.ehmet ~ G~errez Engineering, Inc. EXHIE J ' 27 AGENDA MEMORANDUM November 9, 2004 SUBJECT: Seawall Reconstruction Project- Contract C (Project #3171) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a construction contract with CCC Universal Constructors, LLC of San Antonio Texas, in the amount of $10,280,518.48 for the Seawall Reconstruction Project Contract C - Peoples Street to Coopers Alley (Madna Reach). FUNDING: Funding is available from the Seawall Capital Improvement Fund and Marina Grant Fund. RECOMMENDATION: Staff recommends approval of the motion as presented. Attachments: Exhibit A - Additional Information Exhibit B - Preliminary Budget Exhibit C - Location Map Exhibit D - Bid Tabulation H:"J-IOME'~(EVINS~G EN~ EAWALL'~C-M a rina Re ach~Awd Mem o.d oc ADDITIONAL INFORMATION PRIOR ACTIONS: This project has involved a number of complex actions. The most significant Council and administrative actions are attached. See Exhibit A-1. FUTURE COUNCIL ACTION: · Award of materials testing and construction contracts for the project. · Seawall Reconstruction Contract D (Coliseum to Holiday Inn). BACKGROUND: The Bayfront Protection Structures include a number of improvements. A summary of those improvements and their condition is attached. See Exhibit A-2. PROGRAM SCOPE: The project consists installing new sheet piling, installing flowable fill under the seawall, new reinforced concrete caps doweled to the existing seawall, repair of cracks and spalls, expansion joint replacement, installing hydrostatic relief systems, demolition and reconstruction of curb inlets, curb and gutter and the seawall apron (sidewalk). PROJECT SCHEDULE: The contract requires that work be completed within 455 calendar days (approximately 15 months) of the start of construction. Construction barricading will not occur until after the Christmas holiday season. The project schedule and sequence has been closely coordinated with the Downtown Drainage work on Water Street to minimize conflicts. The Bayfront traffic control plan for the project is designed to ensure contract execution is closely coordinated. Completion is anticipated in early2006. Panels 106 and 107 must be completed and open to the public before starting Phase I1. The contract provides for a maximum incentive allowance for up to 90 days for early completion at $1,000 per day or a maximum of $90,000. BIDS: The City received and publicly opened three bids on Wednesday, October 15, 2004. See Exhibit D. The project was bid as a total base bid with three additive alternates. The additive alternates were included to address a Texas Parks and Wildlife Grant for the construction of a new Cooper's Alley Boat Ramp. Demolition of the existing boat ramp and construction of new sheet piling, pile caps, and paving work represents the required local funding match. The use of separate additive alternates allows the City to demonstrate the cost of the individual work items, track the funding and meet grant requirements. The alternates address the following: · Additive Alternate No. 1 - New boat ramp with sheet piling, pile caps, striping, etc.; · Additive Alternate No. 2 - Courtesy dock with pilings, floating docks, gangways and fixed timber decks; and · Additive Alternate No. 3 - Demolition of existing boat ramp and construction of new sheet piling, pile caps, asphalt and concrete paving. H:V'IOM E~EVIN S\G E N~ EAWALL~C- M a d n a R e a ch~Aw~ Bkg ExhA.d oc Exhibit A Page 1 of 2 The contract document permitted the award of any combination of additive alternates. The base bids ranged from a Iow bid of $9,305,258.48 to $10,762,162.00. CCC Universal of San Antonio, Texas, submitted the Iow bid regardless of the combination of base bid and alternates. CONTRACTOR EVALUATION: CCC Universal submitted the pre-award evaluation materials to Shiner Moseley. Shiner Moseley met with the Iow bidders on October 21, 2004. They recommend the award of the base bid and additive alternates 1 and 3 to CCC Universal for a total award of $10,250,518.48. RECOMMENDATION: Award of the base bid and additive alternates #1 and #3 to CCC Universal as presented. Exhibit A Page 2 of 2 H:~-IOM E~EVIN S V~ EN~S E.AWALLV~-M a rin are a ch~Aw~lBkg ExhA.doc PRIOR ACTIONS PRIOR COUNCIL ACTIONS: 1. November 25, 1997 - Approval of seawall investigation and use of Gateway proceeds (M97- 347); 2. March 241 1998 - · Motion authorizing the execution of a contract in the amount of $36,804 with Bracco Construction Co. for Seawall Inspection at Panels 205 and 206 (M98-084); · Motion to authorize award of a seawall condition assessment in amount of $386,000 to Shiner Moseley and Associates, Inc. (M98-085); · Motion to authorize execution of a Contract for Geotechnical, Laboratory, and Petrography Services related to the Seawall Investigation Project with Bacon Engineering, Inc. for a fee not to exceed $49,000 (M98-086); and · Motion to authorize execution of a Contract for Non-Destructive/Non-lnvasive Investigation Services for the Seawall Investigation Project with W. G. Jaques Company for a fee not to exceed $86,210 (M98-087). 3. Ma¥29, 2001 - · Motion authorizing the City Manager, or his designee, to execute Amendment No. 5 for engineering services in the amount of $581,000 with Shiner Moseley and Associates, Inc. for the Pilot Seawall Reconstruction Project (Contract A) and Seawall Reconstruction Project B-1 (M2001-208); and · Motion authorizing the City Manager, or his designee, to execute a geotechnical and materials testing contract in an amount not to exceed $79,602 with Fugro South, Inc. (Gulf Coast Testing Laboratory) for the Pilot Seawall Reconstruction Project (Contract A) and Seawall Reconstruction Project B-1 (M2001-209). 4. January 15, 2002 - Motion authodzJng the City Manager, or his designee, to execute Amendment No. 6 for engineering services in the amount of $87,700 with Shiner Moseley and Associates, Inc. for the Pilot Seawall Reconstruction Project (Contract A) and Seawall Reconstruction Project B-1 (M2002-022). 5. April 30, 2002 · Motion authorizing the City Manager, or his designee, to execute a construction contract in the amount of $6,127,099.50 with Laughlin Environmental, Inc. for the Seawall Reconstruction Proiect Pilot Program and Contract B-1 (M2002-123). · Motion authorizing the City Manager, or his designee, to execute an engineering materials and construction contract with Fugro South in an amount not to exceed $49,700 for the Seawall Reconstruction Project Pilot Program and Contract B-1 (M2002- 124). · Motion authorizing the City Manager, or his designee, to execute Amendment No. 7 with Shiner Moseley and Associates, Inc. in the amount of $127,100 for additional construction inspection and management services contract for the Seawall Reconstruction Project Pilot Program and Contract B-1 (M2002-125). 6. October 291 2002 · Motion authorizing the City Manager, or his designee, to execute Amendment No. 8 in the amount of $2,214,900 with Shiner Moseley and Associates, Inc. for the Seawall Reconstruction Project B-2 (Part A and Part B) - (M2002-360). · Motion authorizing the City Manager, or his designee, to execute a geotechnical services contract in an amount not to exceed $126,820 with Fugro South, Inc (M2002-361). 7. November 19, 2002 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 9 to an engineering contract with Shiner Moseley & Associates, Inc. of Exhibit A-1 Page 1 of 3 H :~H OM E~EVINS ~ E N~S EAWALL\CAVIa rin a Re a ch~,wd p d orAc~ons ExhA 1 .doc Corpus Christi, Texas in the amount of $84,748 for the Blucher Arroyo Storm Wa[er Drainage Structure Condition Assessment (M2002-383). 8. March 4, 2003 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 11 to an engineering contract with Shiner Moseley & Associates, Inc. of Corpus Christi, Texas in the amount of $140,400 for the design, negotiation, and construction administration for: · Repair of Blucher Arroyo Storm Water Drainage Structure, Modification of the Seawall Area, Sidewalk and Curb Re-grading, Storm Water Collection, Drainage and Outfall for the Seawall Pilot and Contract B-1; and Modifications to the Seawall Area Storm Water Outfall System at McGee Beach (M2003-091). 9. June 24, 2003 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 12 to an engineering contract with Shiner Moseley & Associates, Inc. of Corpus Christi, Texas in the amount of $158,154 for Storm Water Collection and Outfall Lines Condition Assessment (M2003-227). 10. Auqust 26, 2003 - a. Motion authorizing the City Manager, or his designee, to execute a construction contract with Laughlin Environmental, Inc. of Houston, Texas, in the amount of $4,219,200.00 for the Seawall Reconstruction Project Contract B-2, Part A, Lawrence Street T-Head and Coopers Alley L-Head Repairs. (M2003-302) b. Motion authorizing the City Manager, or his designee, to execute an engineering materials testing and inspection contract with Fugro South, Inc., in an amount not to exceed $37,240.00 for the Seawall Reconstruction Project Contract B-2, Part A, Lawrence Street T-Head and Coopers Alley L-Head Repairs. (M2003-303) c. Motion authorizing the City Manager, or his designee, to execute Amendment No. 14 to the engineering services contract with Shiner Moseley and Associates, Inc., in an amount not to exceed $1,950,000.00 for design of Seawall Contract C (Marina Reach) and post construction underwater survey services for Contract B- 2. (M2003-304) 11. December 16, 2003 - Motion authorizing the City Manager, or his designee, to execute a construction contract with Gunther-Nash, Inc. of St. Lewis, Missouri, in the amount of $9,900,080.58 for the Seawall Reconstruction Project Contract B-2, Part B, Power Street Out'fall to Peoples Street (M2003-454). 12. February 17, 2000 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 15 to the engineering services contract with Shiner Moseley and Associates, Inc., in an amount not to exceed $1,181,100.00 for design and construction phase services for the Seawall South Reach project (Contract D - Cooper Alley L-Head to South End of McGee Beach) (M2004-063). 13. September 14, 2004 - Motion authorizing the City Manager, or his designee, to authorize an agreement with American Electdc Power (AEP) in the amount of $140,543.12 for the Street Lighting System for the Seawall Reconstruction Project Contract C - Peoples Street to Coopers Alley. 14. September 21, 2000 - Motion authorizing the City Manager, or his designee, to execute Change Order No. 5 to the Seawall Contract B-2B with Gunther-Nash, Inc. of St. Louis, Missoud in the amount of $222,212.00 for backfill of existing voids and installation of approximately 14,500 square feet of reinforced concrete paving on the Coopers Alley L- Head. PRIOR ADMINISTRATIVE ACTIONS: 1. June 8, 1998 - Award of Amendment No. 1 (additional testing) in amount of $13,470 to Bacon Engineering, Inc. for Geotechnical, Laboratory, and Petrography Services related to Exhibit A-1 Page 2 of 3 H:~-iOM E~J(EVINS\GE N~ EAWALL\C -Marin a Re ach~Aw~ Prio rAc;fio ns E.xhA 1 doc the Seawall Investigation Project; 2. February 11, 1999 - Award of Amendment No. 1 (Backwater Levee Gate Repod) in amount of $14,350 of seawall condition assessment contract with Shiner Moseley and Associates, Inc.; 3. Auqust 26, 1999 - Award of Amendment No. 2 (Design of Backwater Levee Gate Structures) in amount of $-0- (change of scope) of seawall condition assessment contract with Shiner Moseley and Associates, Inc.; 4. December 8, 1999 - Award of Amendment No. 3 (Backwater Levee Gate Structures Foundation and Railroad coordination) in amount of $14,350 of seawall condition assessment contract w~th Shiner Moseley and Associates, Inc.; and 5. March 27, 2000 - Award of Amendment No. 4 (Backwater Levee Gate Structures Construction Phase) in amount of $13,330 of seawall condition assessment contract with Shiner Moseley and Associates, Inc. 6. December 12, 2002 - Award of Amendment No. 10 (Connection Capacity between New and Existing Pile Cap) in amount of $13,000 of seawall condition assessment contract with Shiner Moseley and Associates, Inc. 7. June 10, 2003 - Award of testing contract for concrete evaluation of Pilot Program in the amount of $5,632.78 to Wiss, Janney, Elstner Associates, Inc. of Northbrook, Illinois. 8. July 3, 2003 - Award of Amendment No. 13 (storm water condition assessment traffic control) in amount of $24,950 of seawall condition assessment contract with Shiner Moseley and Associates, Inc. 9. July 10, 2003 - Award of Amendment No. 1 to a testing contract for concrete evaluation of Pilot Program in the amount of $10,301.73 to Wiss, Janney, Elstner Associates, Inc. of Northbrook, Illinois. 10. July 31, 2003 - Award of Amendment No. 2 to a testing contract for concrete evaluation of Pilot Program in the amount of $9,054.34 to VV'~ss, Janney, Elstner Associates, Inc. of Northbrook, Illinois. Exhibit A-1 Page 3 of 3 H:~-IChM E~EVIN S\GE N~S EAWALL\C4vla rin are a ch~AwdPrio rActio ns ExhA 1 .doc Seawall Reconstruction Project - Contract C Peoples Street to Coopers Alley (Marina Reach) (Project #3171) Preliminary Project Budget November 9, 2004 FUNDS AVAILABLE: Seawall ClP Fund Marina Grant Fund Total 13,024,518.48 500,000.00 13,024,518.48 FUNDS REQUIRED: Construction Contract Project Contingency (5%) QNQC Testing Contract Engineering Design/Permit NE Amendment No. 14 Amendment No. 14 - Additional Services Engineering Total Construction Inspection (in NE contract) Survey (in NE contract) Engineering Project Liaison Incidental Expenses (Printing, Advertising, etc.) Total 1,140,700.00 935,300.00 10,280,518.48 514,000.00 65,000.00 2,076,000.00 0.00 0.00 65,000.00 24,000.00 13,024,518.48 H:~-IOM E~KEVINS\GE N~ EAWALL~2 ~P art B-P o~,~ do Peoples~Aw~ B udge[Exh B.wpcl EXHIBIT "B" I Page 1 or 1 Fi~ : \ Mproject \ councilexhibits \ exh3171.dwg N PEOPLES S'I~EET T-HEAD CONTRACT BASE BID !.~,W~:N C E S"~ EET T-HEAD IADD ALT NO fl L-HEN) ADD AL T NO 3 MAGEE BEACH CITY PROJECT No. 317'1 VICINITY MAP NOT TO SCALE SEAWALL RECONSTRUCTION PROJECT- CONTRACT ' C" (Peoples to Coopers Alley) cr~' OF CORPUS CHRIS??, EXHIBIT 'C' CT_TY COUNC_TL EXHT_BIT DEPARTMENT OF ENGINEERING SERVICES PAGE: I of 1 DATE: 11-09-2004 PAGE 1 OF 6 ENGINEER'S E,S'TIMATE~ $~9~g09,068 108.49 54~245 90.00 45,000 105.00 52,500 PAGE 2 OF 6 TI~ OF COM~PLETION: 455 DAYS ENGINEER'S ESTIIVIATE: $9~09,068 43.5Q 82,868.50 52.00 99,060 30.00 57,150 71.39 126,502 68.00 122t400 60.00 108,000 TIMXOFCONIPLETION: d~DAYS PAGE 3 OF 6 ENGINEER'S ESTIMATE: 4,364.50 17,458 10,000 40,000 3,000 12,000 104.96 113,881.60 175.00 189,B75 150.00 162,750 ~hib~O 1,477.30 67,955.80 1,O00 46,000 1,350 5,000 230,000 2,350 108,100 TABULATED By: SHII~/EIR MOS ELEY AND ASSOCLATES, INC. DATE: OCTOgER 15, 20~4 TIME OF CO]~I~LETION: 455 DAYS rFEM DESC'I~P'rlON QTY, UNIT PAGE 4 OF 6 PAGESOF6 TI3~ OF COMI~LETION: d55 DAYS Pa<:Je 5 of 6 I I PAGE 6 OF 6 ENGllh'EER'S ESTIMATE: $9,509,068 350,000 350,000 330,000 330,000 9,770,32a 10t370,320 10,720,320 10,920,320 10,762,162 11,528,162 28 CITY COUNCIL AGENDA MEMORANDUM Clt7 Council Action Date: 11/9/2004 AGENDA ITEM: Resolution Opposing the permitting of additional landfills within the City of Corpus Chdsti, City of Corpus Chdsti's extraterritorial jurisdiction, and Coastal Bend Region as long as sufficient permitted landfill capacity is available at existing and permitted landfills. ISSUE: The City has invested significant capital and operational funds to develop, manage, and operate landfills for the public good in the Coastal Bend Region. The capacity for waste at existing landfills in the region far exceeds waste production. Development of additional landfills would be detrimental to residential and commemial growth as well as adversely affect the cash flow required to maintain existing landfills in compliance with TCEQ State requirements. REQUIRED COUNCIL ACTION: Approval of the resolution as submitted by staff. PREVIOUS COUNCIL ACTION: None Director, Streets & Solid Waste Services RESOLUTION OPPOSING THE PERMITTING OF ADDITIONAL LANDFILLS WITHIN THE CITY OF CORPUS CHRISTI, CITY OF CORPUS CHRISTt'S EXTRATERRITORIAL JURISDICTION, AND COASTAL BEND REGION AS LONG AS SUFFICIENT PERMITTED LANDFILL CAPACITY IS AVAILABLE AT EXISTING AND PERMrl-rED LANDFILLS WHEREAS, the City believes that the placement of solid waste landfills, while essential to the prosperity of the area, needs to be carefully sited so that they do not negatively impact upon the residents and property owners in the vicinity; WHEREAS, the City believes that the placement of solid waste landfills, while essential to the prosperity of the area, need to be carefully sited so that they do not negatively impact the econornic growth of the community; WHEREAS, the City is concerned that the placement of additional solid waste landfills within the City limits and Ci~s extraterritorial jurisdiction could negatively impact growth trends within the City and its extraterritorial jurisdiction; WHEREAS, the City is concerned about the placement of additional solid waste landfills within the City limits and City's extraterritorial jurisdiction could be inconsistent with the land use in the vicinity of the proposed additional landfills; WHEREAS, the City has made a decision to close its J. C. EIliott Landfill within the next few years, rather than try to extend its life and operation, in order to encourage development and reduce fudher negative effects to the surrounding existing businesses and residents; WHEREAS, the City anticipates that suburban development will move into this area when the City closes its J.C. Elliott Landfill in two years to facilitate that preferred course of development; WHEREAS, the City decided to take action to develop the Cef(~ Valenzuela Landfill because it was cencemed that the continued operation of its J. C. Elliott landfill would restdct the development of land uses other than industrial use in this area; WHEREAS, the City is concerned about additional solid waste landfills negatively impacting the provision of solid waste services in the region by threatening the economic viability and operation of the existing landfills; WHEREAS, there is currently over 150 years wodh of permitted landfill disposal capacity in the Coastal Bend region; WHEREAS, there is sufficient available disposal capacity in the region, and the permitting of additional landfills may impact on the financial viability, including the ability of the existing landfills to satisfy their regulatory requirements; 2 WHEREAS, there are insufficient volumes of waste to be disposed of in the region to support the cost-effective operation of the currently permitted landfills; WHEREAS, the addition of new landfills could negatively affect the provision of solid waste services by interfering with the ability of existing landfills to beth provide cost- competitive services and generate the revenue necessary to be economically viable; WHEREAS, the issue of economic viability is particularly significant when the economic viability of a publicly financed facility is at stake; WHEREAS, the CBCOG's current Regional Solid Waste Management Plan, which was approved by the TCEQ's predecessor agency in 1995, recommended that the City size its future landfill to provide solid waste management services for the entire region; WHEREAS, the CBCOG, by its Resolution No. 2040, in 1996, given the region's diminishing landfill capacity, urged the C~ to move as quickly as possible on an application for a new landfill with sufficient land to serve as a regional facility; WHEREAS, the City has expended public money on permitting the Cef(~ Valenzuela landfill based on expectations of a reasonable revenue stream to operate the landfill and maintain compliance with TCEQ requirements; WHEREAS, the City's expectations were based on analyses that anticipated certain volumes of municipal solid waste, industrial solid waste, brush and construction and demolition waste and that such volumes would continue to increase as the population of the area served grows; WHEREAS, new landfills accepting volumes of municipal solid waste, industrial solid waste, brush and construction and demolition wastes would interfere with the City's expectations with regard to its revenue stream and could lead to difficulties in the Ci~s ability to operate and maintain compliance at the City's landfills; WHEREAS, interference with the City's expectations could fudher impact the City's over-all budget and ability to provide other municipal services that are dependent on the landfill's anticipated revenue; WHEREAS, there is no need for any additional landfills in the Coastal Bend region to provide adequate solid waste services in the region; and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City of Corpus Christi opposes the pormitt[ng of additional landfills within the City of Corpus Christi, City of Corpus Chdsti's extraterritorial jurisdiction, and Coastal Bend region as long as sufficient permitted landfill capacity is available at existing and permitted landfills. 3 SECTION 2 The City Manager is directed to communicate the City's opposition to the permitting of additional landfills to the Coastal Bend Council of Governments and Texas Commission on Environmental Quality. ATI'EST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary ,/. APPROVED: /-7/"/5 day of November, 2004. Fir~As~istant City'Attorney For City Attorney Samuel L. Neal, Jr. Mayor Corpus Christi, Texas of ,2004 The above resolution was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott 4 resoludc~qandfills~Cf 11434.doc 29 CITY COUNCIL AGENDA MEMORANDUM November 9, 2004 AGENDA ITEM: (a) Ordinance amending License Agreement between City of Corpus Christi and Gultterra Energy Partners, L.P., and declaring an emergency. (b) Second Reading 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-or, reed 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 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: First Amendment to License Agreement would provide additional time to satisfy the condition to Gulfterra's obligation to make annual payments to the City of Corpus Christi. If City Council adopts Agenda Item (a) Ordinance amending License Agreement, City Council action on Agenda Item (b) will be postponed to a date in December, 2004, or January, 2005. REQUIRED COUNCIL ACTION: Adoption of ordinance in Agenda item (a) 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 rights 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 Chnsti 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 C~ty Council approved the settlement agreement by Ordinance # 025605, on December 16 2003. RECOMMENDATION: Approval of ordinance as submitted. Mary ~ay Fisher City Attome~ BACKGROUNDINFORMATION The settlement agreement with Gulfferra has the following primary 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 prior 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 prior claims. 3. The term of the agreement is 10 years, commencing October 1, 2002. Gulfterra was given the right 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. Two annual payments, for October 1, 2002, and October 1, 2003, become due upon approval of the License agreement, in the amount of $222,947 for each year. However, payment of these was deferred until the City adopts an ordinance applying uniform charges to other pipelines. This is the subject agenda item. 5. The annual fee for Gulfterra is subject to provisions for uniformity of charges for similar pipelines. Effective 12 months from approval of the License Agreement; Gulfterra's annual payments will be reduced if other pipelines are not being effectively charged, according to a formula. Also, if the City were to adopt an ordinance prescribing a lesser charge than the License Agreement; or if the City were to grant another pipeline a license with a lesser charge Gulfterra would get the benefit of the lesser charge. The charges would also be subject to a change-of-law provision. 6. Consent was given to Gulfterra under applicable city ordinance to sell gas in the City to Large Volume Customers beyond capacity of the City's distribution system and to transport gas consistent with its status as a common carrier and as an entity regulated by Railroad Commission Rules. The grant of the transportation right required the adoption of an ordinance amendment to assure that a seller of gas must get City consent before serving customers in the City limits. The ordinance was adopted by the City Council by Ordinance # 025606, on December 16, 2003. 7. Other provisions include measures to protect city streets and facilities, insurance and indemnity requirements, record-keeping, audit, etc. FIRST AMENDMENT TO LICENSE AGREEMENT THIS FIRST AMENDMENT TO LICENSE AGREEMENT (this "Amendment'), dated November 9, 2004, between the City of Corpus Christi, Texas (the "City '), and Gulfterra Energy Partners, L.P. ("Licensee"), WITNE$SE TH: WHEREAS, the City and Licensee have heretofore entered into that certain License Agreement, dated as of December 16, 2003 (the "Agreement'); and WHEREAS, the City and Licensee desire to amend the Agreement as herein provided to afford the City additional time to satisfy the condition to Licensee's obligation to make annual payments to the City thereunder; NOW, THEREFORE, the City and Licensee agree as follows: 1. Amendment to Section 15.1. The eleventh sentence of Section 15.1 of the Agreement, beginning "In the subject example," is hereby mended by changing the phrase "December 12, 2004, a date 12 months" to "February 12, 2005, a date 14 months." 2. Amendment to Section 15.2. The third and fourth sentences of Section 15.2 of the Agreement, beginning "Accordingly, if' and "For example," are hereby amended and restated to read as follows: Accordingly, if, ."::z!vefourtcen (4-31~) months Sc. mailer the date of approval ("Commencement Date") of this License Agreement by the City Council ¢~or any subsequent anniversaw of the Commencement DateU)_. the City does not have a non- revocable right-of-way license agreement in place with each and every one of the other Pipelines (excluding Abandoned Pipe) that use City Rights of Way, then the annual License fee that Licensee has agreed to pay, as set forth in Section 5.1, but subject to possible modification by Section 15.1, shall possibly be subject to further modification as follows: the annual fee for tiffs License, as measured on each ro~peetive mmiversury ~..atgfourteen {14) months after the Commencement Date or on any such subsoQuont anniversary of the Commencement Date, as avvlJcable, shall be equal to the Licensoeefee, multiplied by a factor equal to the number of linear feet of non-Licensee pipe in the City Rights of Way that is under license to the City divided by the total number of linear feet of non-Licensee pipe in thc City Rights Of Way. For example, if by the Commonooment Datoanv such date, only 40% of the total non-Licensee pipe m City Rights of Way is under license, then the fee owed by Licensee on the next October 1 payment date shall be $222,947_0~ (assuming no reduction or increase in the Pipe owned by Licensee in City Rights of Way and City-Owned Property, no reduction in the Ordinance rate, no CPI increase and assuming an Ordinance charging $1.25 for Pipe in City. Right of Way and $500 per crossing has been passed), multiplied by 40% or $89,178.80. Fu~t Amendment to Pipclinc liccr~e agr'eerimm.lla 1 3. Governing Law. This Amendment shall be governed by and construed in accordance w~th the laws of the State of Texas (without regard to conflicts of laws provisions). 4. Effective Date. This Amendment shall become effective immediately, extending the date in the Gulfterra License Agreement to December 31, 2004, unless the City enacts the Ordinance referred to in the Agreement before that date. If the City enacts the Ordinance referred to in the Agreement before that date, this Amendment shall have no force or effect. 5. Confirmation of Agreement. The Agreement, when, as, and if amended by this Amendment, is hereby ratified and confu-med in all respects. 6. Counterl~arts. This Amendment may be executed in any number of counterparts, each of wlfich so executed shall be deemed to be an original, but all such counterparts shall constitute but one and the same instrument_ IN WITNESS WI:IEREOF, each party has caused this Amendment to be executed in its name by an officer thereunto duly authorized as of the date fit,at above written in the preamble. LICENSOR: LICENSEE: CITY OF CORPUS CHRISTI, a Texas Home-Rule Mumcipal Corporation GULFFERRA ENERGY PARTNERS, L.P., a Delaware limited partnership By: By: Name: George K. Noe Name: Title: City Manager Title: ATTEST: City Secretary APPROVED AS TO FORM: Mary Kay Fischer AN ORDINANCE AMENDING THE LICENSE AGREEMENT DATED DECEMBER 16, 2003, BETWEEN THE CITY OF CORPUS CHRISTI AND GULFTERRA ENERGY PARTNERS, LP.; AND DECLARING AN EMERGENCY WHEREAS, Gulfterra Energy Partners, L.P. (and its predecessors) (hereinafter "Gulfterra") presently and for many years have owned, operated and maintained natural gas pipelines within the corporate limits of the City of Corpus Chdsti that use public streets, ways, and other property; and WHEREAS, after lengthy negotiations, on December 16, 2003, the City of Corpus Chdsti and Gulfterra entered into a License Agreement settling all past claims with respect to Guifterra's pipelines and the charge to be paid for use of City's rights of way and property in the future; and WHEREAS. the City of Corpus Chdsti and Gulfterra desire lo amend the License Agreement to afford the City additional l~me to satisfy the condith3n to Gulfferra's obligations to make annual payments to the City thereunder. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or his designee is hereby authorized to execute on behalf of the City the First Amendment to License Agreement Between the City of Corpus Chdsti and Gulfterra Energy Partners, L.P., a substantial copy of which is attached hereto as Exhibit A and made part of this ordinance for all purposes. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessa~ 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 9~ day of November, 2004. Al-rEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor APPROVED: This 9th_day of November, 2004. City Attomey MKFL4anend2Pipeline.lla Corpus Chdsti, Texas Day of TO THE MEMBERS OF THE CITY COUNCIL Corpus Chdsti, Texas For the masons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr. Mayor, The City of Corpus Chdsti Council Membem The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colrnenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott MKl:~Xane~d 2Pipeline. 11 a 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 MA'I-rERS; AND OTHER PROVISIONS RELATED TO THE SUBJECT MA'II'ER OF THIS ORDINANCE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR PENALTIES; PROVIDING FOR RESERVATION OF CIVIL REMEDIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. WI-IEREAS, 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 properties, 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 property 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 2 use the public properties is appropriate, and the City Council finds that the fees established are 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 CITY 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 Use of Rights-of-way by pipelines "Sec. 49-91. Definitions. "The following terms, when used in this article, have the meanings ascdbed to them by this Section: "Abandon or abandonmer]t or abandoned means permanenUy removed from service under the definition of "abandoned" in the Code of Federal Regulations, 49 C.F.R {}192.3, and includes the process defined in the Cede of Federal Regulations, 49 C.F.R. {}192.727, by which a pipeline owner or operator can conduct abandonment activities of its pipeline or a section of its pipeline. "C/ty-owned property means any real property and its fixtures, other than City rights-of-way, owned in fee, leased, controlled, held in trust, or otherwise 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, ston'n water facilities, park, airport, landfill, and other facilities owned, maintained, or controlled by the City. "City fights-of-way means any water, wastewater, gas, storm water drainage, or other public utility easement, street, road, avenue, highway, freeway, toll road, bridge, alley, boulevard, sidewalk, lane, drive, circle, or canal, currently owned or controlled by, and/or located within or which may in the future be constructed within or annexed into the coq3orate limits of, the City, including the City's 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 rdty (150) linear feet. R46208A3.doc "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 owned 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. "F_)cpiratJon date means the date on which a license granted under this article expires. "G.I.S. means Geographic Information System. "License 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 the City on pipelines occupying City rights-of-way or City-owned property, under Section 49-96. "Licensed atTiliate 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 ether 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, metering stations, pumping units, regulator stations, delivery stations, terminals, holders, and fabricated assemblies and breakout tanks. "Sec. 49-92. Ucense required. "(a) No person may own, maintain, operate, acquire, construct, install, or extend a pipeline in City fights-of-way or City-owned property except under a license granted under this articte, 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 fights-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 Ck'y'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) Ucensee 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 cernmencing any work or construction, which permission may be granted at the sole discretion of the City. If the City 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. 5 "(3) In the event of an extension or enlargement, licensee is obligated to include the additional pipe that occupies the City rights-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, AKicle 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 permission to use the drainage easements or rights-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 subm~ed on a form provided by the City, and, to the extent the information has not already been provided 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. R~20~A3d~ 6 "(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) Pdor to the granting of a license, licensee shall identify to the Director in writing the positJon 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 altemative 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 in[ormation 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 City-owned property, licensee shall file with 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) Wrthin 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 Section 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: R~20~A3.d~ 7 "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 dghts-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 purposes 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 feat 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 trey (150) linear feet, in which case only the linear feet actually contained in the crossing in excess of one hundred fh~ty (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 the City right-of-way and City-owned property. The license fees are payable in advance each year by October 1, and constitute payment for the annual pedod 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 I 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 Joumalor equivalent, as selected by the Director, as of 8 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 occupalion 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 Mamh 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 fumish 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 sales transaction with a third party purchaser until that purchaser has obtained a license from the City. Licensee's fee may not be 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 during the term of its license, then the license fee described in this section will be reduced starting October 1 following the date of wriffen notification to the City in an amount equal to the fee that would have othen,vise 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, notwithstanding 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 R46208A3.doc 9 writing 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, pdor 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 "Prime Rate" for commercial loans as published in the Wall Street Journal or equivalent, as selected by the Director, as of October 1 of each year. However, the interest rate shall never ex.cd 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 rights to any audit at any time may not constitute a waiver of the right. 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 wdtten 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 goveming 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 10 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 wdtten 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 pdor wdtten 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 perTnanently remove, relocate, change, or alter the position of the affected portion of the licensee's pipeline. "(0 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 R46208A3.~:)c 11 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 City 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 heallh, safety, or welfare. Termination under this paragraph must be by ordinance and become effective after licensee has bccn 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 twenty- four (24) hours. "(5) Licensee abandons the pipeline. "(6) Licensee 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. R~208A3.d~ 12 "(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 right to thereafter enforce its dghts 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 prior written consent of City, but the assignment may not relieve licensee of any of its obligations or liabilities under its license, whether accrued or unaccmed. "Sec. 49-102. 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 City-owned property or City rights-of-way except under the provisions of this article. "(b) A matedal and willful violation of any sec'don, 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 rights and remedies available to the City. R~208A3.d~ 13 "APPENDIX "AGREEMENT GRANTING A PIPELINE UCENSE TO UNDER ARTICLE VII, CHAPTER 49, Cl3'~ 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. 'INHEREAS, ("Licensee") has made application to the City of Corpus Chdsfi, Texas ("City") for a pipeline license in order to use certain 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 eaHier terminated under the provisions 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 Code of Ordinances. "For the pipe described in Exhibit ^, 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 property, with diameter of greater than six inches (6"), identified by pipe diameter: Total number of crossings of City rights-of-way occupied by pipe with diameter of six inches (6") or less: R4820&aG.doc 14 "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 govemmental 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, contractual 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 adsing 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 this 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 AJlJcle 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 R46208A3.doc 15 Corpus Christi, Texas 78469-9277 Telephone: 361 880-3220 Facsimile: 361 880-3839 "Director of Engineering Services City of Corpus Christi P.O. Box 9277 Corpus Chdsti, Texas 78469-9277 Telephone: 361 880-3500 Facsimile: 361 880-3501 "For overnight delivery: 1201 Leopard Street Corpus Chdsti, 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 limrts of the City of Corpus Christi, Texas. "SECTION 9. Venue. Venue for any cause of a~on 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 City-owned property or City rights-of-way are taken, in whole or in part, by a govemmental authority other than C~y, all 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 right 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 attomeys' 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. R46208.A3.doc 16 "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 Code 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 provisions of this license and Articie 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, Code of Ordinances, is revised to read as follows: "Sec. 49-60. Establishment of Policy; definitions. "(a) The following is the established policy to be used by the City to establish and fix compensation to be charged users of City rights-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 matedal 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 C~ 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." R46208A3.doc 17 "(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 walls and associated piping within City rights-of-way. "(f) 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. Sections 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, end is revised to read as follows: "Sec. 49-62. Fees for use 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 installa§on of each monitoring or recovery well within the City's right-of-way is two hundred fifty 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. 49-6~. Fees for use of public ways by unauthorized pipelines. "(a) 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~208A3.d~ 18 the public utility'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," 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 foot/crossing charge for each succeeding year after the effective date and will make the calculation available to users upon request by Apdl 1 preceding the October I 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 1 shall be pro-rated, and shall be due on the 60~ 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 rights-of-way and City- owned property, the diameter of the pipelines, and the number of crossings by the pipelines. R46208A3.doc 19 "(h) W'~hin 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_ W~hin 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 judsdiddon 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 exceeds the amount that by law may be prescribed must, pdor to the October 1 due date, tender a written explanation clearly specifying the reasons 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 City-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~en authorization, the pipeline's owner or operator agrees to pay the compensation provided in this section." SECTION 6. The City Council previously directed the City Manager to provide notice of revocation of all revocable easements, use privilege agreements, and similar dghts 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 wane claims of the City against any person for occupation of City rights-of-way or other property prior to adoption of this ordinance. 2O SECTION 8. Pipelines of the City of Corpus Chdsti are 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 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 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 Chdsti as required by the City Charter of the City of Corpus Chdsti. R4620&a,3.doc That the foregoing ordinance was re~ time, and passed to its second reading on this the~ day of 2004, by the following vote: Samuel L. Neal, Jr. (~/. Bill Kelly Brent Chesney ~_ Rex A. Kinnison (~_ Javier D. Colmenero ~ Jesse Noyola Melody Cooper ~.~ Mark Sco~t Henry Garrett 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. Colmenem Melody Cooper Henry Gar~ett PASSED AND APPROVED, this the ATTEST: ,2004 by the following vote: Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott __ day of Armando Chapa City Secretary APPROVED: 22r~ day of September, 2004: R.~y~eining~ First Assistant City Attorney For City Attorney Samuel L. Neal, Jr. Mayor 21